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07-23-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 1991 1. The meeting was called to order at 7:30 P.M. by Vice Mayor Mlinar. The following were present: Mayor Paul L. Ackland (7:40 P.M.), Aldermen Craig Lenz, John Mlinar, Marlin Torger- son, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, Finance Director Ken Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Rev. David Anderson. 3. MINUTES The minutes of the regular meeting of July 9, 1991, special closed meeting of July 15, 199, and bid opening of July 15, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1991 2. PARK & RECREATION BOARD MINUTES - APRIL 24, 1991 AND MAY 29, 1991 3. PLANNING COMMISSION MINUTES - JUNE 18, 1991 4. NURSING HOME BOARD MINUTES - JUNE 27, 1991 5. HOSPITAL BOARD MINUTES - JUNE 18, 1991 6. HOSPITAL & NURSING HOME BOARD MINUTES OF ORGANIZATIONAL MEETING - JUNE 26, 1991 (b) APPOINTMENT OF DON ERICKSON TO MID -MINNESOTA DEVELOPMENT COMMISSION (c) APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE (SHORT-TERM) FOR HUTCHINSON HUSKIES AMATEUR BASEBALL ASSOCIATION ' The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to order report and minutes filed, ratify appointment and issue license for $25.00 fee. CITY COUNCIL MINUTES - JULY 23, 1991 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON AMBASSADORS FOR ALL CONCESSION RIGHTS DOWNTOWN FOR ARTS AND CRAFTS FESTIVAL Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to approve request for Library Square. (b) PRESENTATION ON LOGIS COMPUTER CONSORTIUM Executive Director Mike Garris and Member Support Manager Chris Norton reviewed the purpose, goals and operations of the LOGIS computer system. MAYOR ACKLAND ASSUMED THE CHAIR FOR THE REMAINDER OF THE MEETING. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9532 - RESOLUTION FOR TRANSIT GRANT The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9533 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to include purchase of snow plow and to waive reading and adopt. (c) RESOLUTION NO. 9534 - RESOLUTION OF AUTHORIZATION TO EXECUTE MN/DOT AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATIONS The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9539 - RESOLUTION SUPPORTING HUTCHINSON NATIONAL GUARD 34TH INFANTRY DIVISION The motion was made by Alderman Erickson, seconded by -2- CITY COUNCIL MINUTES - JULY 23, 1991 Alderman Lenz and unanimously carried, to waive reading and adopt. (e) ORDINANCE NO. 91-36 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND VACATING CERTAIN STREETS WITHIN AND ADJACENT THERETO AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive second reading and adopt as amended. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF LEASE AGREEMENT FOR OLD WASTEWATER TREATMENT PLANT (AQUA FOODS) (DEFERRED JULY 9, 1991) Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the lease agreement with changes presented by City Attorney, including a clause stating the property taxes would be the responsibility of the lessees. (b) CONSIDERATION OF ROAD REPAIRS ON THIRD AVENUE S.W. BETWEEN MAIN STREET AND FRANKLIN AVENUE (DEFERRED JULY 9, 1991) Engineer Rodeberg reported the street was vacated on Third Avenue S.W. from Main Street to Franklin Avenue in 1972 upon the property owners' request. The City has not. maintained any of the vacated area. The alley, however, was not vacated. No action was taken. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Lenz, seconded by Alder- man Torgerson and unanimously carried, to discontinue service on July 29 at noon unless other arrangements were made. -3- CITY COUNCIL MINUTES - JULY 23, 1991 (b) CONSIDERATION OF AWARDING BID FOR DASHER BOARDS AT CIVIC ARENA Following discussion, the motion was made by Alderman Mlinar to approve the $53,600 bid from Strut Specialties for total project assembly and installation. Motion sec- onded by Alderman Torgerson and carried four to one, with Alderman Erickson voting nay. (c) CONSIDERATION OF FOLLOW-UP TO 1990 WAGE DISCUSSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the additional one percent increase for 1990 wage adjustment, retro -active January 1, 1991. (d) CONSIDERATION OF AUTHORIZING MOTOR POOL TO ADVERTISE FOR BIDS ON REPLACEMENT VEHICLES AND EQUIPMENT Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried to approve getting quotes on vehicles for Street Department, Park Department and Building Department. (e) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND ORDERING PUBLIC HEARING FOR LETTING NO. 17, PROJECT NO. 91-25 (SHADY RIDGE CIRCLE STORM SEWER IMPROVEMENTS) Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and set a public hearing for August 13, 1991 at 8:00 P.M. and to waive readings and adopt Reso- lutions No. 9537 & No. 9538. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTINGS NO. 5 & 15, PROJECTS NO. 91-07, 91-08, 91-09 & 91-22 (CENTURY AVENUE, LYNN ROAD, FIFTH AVENUE N.E., CHEYENNE STREET) Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve assessment roll preparation, to set a public hearing for August 13, 1991 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9535 & 9536. (g) CONSIDERATION OF ESTABLISHING A SPECIAL CITY COUNCIL MEETING ON JULY 26, 1991 TO ORDER A PUBLIC HEARING FOR LETTING NO. 16, PROJECT NO. 91-24 (LUDTKE LANE SEWER AND WATERMAIN) -4- CITY COUNCIL MINUTES - JULY 23, 1991 Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to set a special City Council meeting at 12:45 P.M. on Friday, July 26, 1991. (h) CONSIDERATION OF PROPOSED SETTLEMENT FOR PADENIS FIRST ADDITION, LOT 1, BLOCK 3 Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously car- ried, to direct the City Attorney to forward the sheet showing breakdown of payments for Paden's First Addition to the Word of Life Church. (i) CONSIDERATION OF REQUEST TO REAFFIRM MERIT PROCESS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to reaffirm the merit process. (j) CONSIDERATION OF LIEN WAIVER TO FUTURE EQUIPMENT LEASING OR PURCHASE BY HUTCHINSON TECHNOLOGY INC. Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously carried, to defer to the special Council meeting on July 26, 1991. (k) CONSIDERATION OF REZONING ON HWY. 7 EAST REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to approve and waive first reading of Ordinance No. 91-37 and set second reading for August 13, 1991. (1) CONSIDERATION OF FINAL PLAT OF HOUKS SECOND SUBDIVISION SUBMITTED BY GALEN HOUK (HWY. 7 EAST - TWO MILE RADIUS) Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried to refer to the County with no objection. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the subdivision agreement. -5- ITEMS FROM SPECIAL PLANNING COMMISSION MEETING - JULY 23, 1991 (m) CONSIDERATION OF CONTINUATION OF PRELIMINARY AND FINAL OF HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT SUBMITTED BY CITY STAFF FOR SHOPKO PROJECT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the final plat and waive reading and adopt Resolution No. 9542. (n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CITY STAFF FOR SHOPKO PROJECT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the permit for Shopko site fill and to waive reading and adopt Resolution No. 9543. (o) CONSIDERATION OF REZONING IN SHOPKO PROJECT REQUESTED BY CITY STAFF Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and waive first reading of Ordinance No. 91-38 and set second reading for August 13, 1991. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the training session on variances was scheduled for July 31, 1991 at 5:30 P.M. with Bob Lockyear as the presenter. Mr. Plotz stated the dance studio issue raised in Mr. Danielson's letter will be addressed at the next Planning Commission meeting. The Administrator made reference to the June liquor store report in the packet. The sales dropped five percent after relocating the store. It was reported the County has appropriated money for ad- vertising recycling. He suggested an idea for using the available funds. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR CITY COUNCIL MINUTES - JULY 23, 1991 Alderman Mlinar clarified that the Hutchinson Huskies request for a non -intoxicating malt liquor license was approved for three different dates at a $25 fee. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented August 2, 1991 was the tentative closing date for Shopko. Since there are documents the Council will have to approve, it may require a special meeting. The City Attorney commented that HCVN had installed two ceiling microphones in the Council Chambers to enhance the acoustics. (d) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz inquired about the status of the cable TV situation. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated the water is being lowered on the Crow River, and notification was sent out. Also, he reported the Crow River clean-up is scheduled for Sep- tember 6 and 7. (f) COMMUNICATIONS FROM MAYOR PAUL ACKLAND Mayor Ackland commented on a post card he received and instructed the City Administrator to handle the request. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 12. (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. There being no further business, the meeting adjourned at 10:20 P.M. -7-