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11-23-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 23, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Harold Biederman. 3. MINUTES The minutes of the regular meeting of November 9, 1993 and special meeting of October 26, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1993 2. LIBRARY BOARD MINUTES OF NOVEMBER 4, 1993 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF OCTOBER 19, 1993 4. HUTCHINSON HOUSING, INC. MINUTES OF OCTOBER 19, 1993 S. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY COUNCIL MINUTES OF OCTOBER 7, 1993 6. PLANNING COMMISSION MINUTES OF OCTOBER 19, 1993 (b) APPLICATION FOR SNOW REMOVAL PERMIT 1. STEVE REINER 2. EARL FITZLOFF 3. RICHARD SMYKALSKI (c) REPORT OF CITY INVESTMENTS The motion to order the report and minutes filed and to issue permits was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. CITY COUNCIL MINUTES - NOVEMBER 23, 1993 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10088 - RESOLUTION FOR PURCHASE The motion to waive reading and adopt Resolution No. 10088 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (b) ORDINANCE NO. 93-95 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 2.58 COVERING HOSPITAL AND NURSING HOME OPERATIONS AND ADOPTED, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion to waive first reading of Ordinance No. 93-95 and to set second reading for December 14, 1993 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. 8. UNFINISHED BUSINESS (a) REVIEW OF INTOXICATING LIQUOR LICENSE FOR UNDERGROUND BAR & GRILL It was reported a resident manager had been appointed so this issue was resolved. Following discussion, the motion to approve issuance of an intoxicating liquor license, with the stipulation to check with the Building Official regarding building issues, was made by Council- man Erickson, seconded by Councilman Mlinar and unanimously carried. (b) REVIEW OF DEMOLITION OF SUPERSTRUCTURE AT 830 ELM STREET (MELVIN KLOCKMAN PROPERTY) Attorney Anderson presented an update on the status of the Klockman property. He noted Mastercraft had an agreement with Klockman to repair the structure. They were not aware that a building permit had not been issued by the City. The City Attorney recommended that the owner, contractor and engineer sign off on the permit. 2 CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Following discussion, the motion was made by Councilman Torgerson that, with the City Administrator's suggestion, the alternates and fees and fines be paid up front and the contract and building permit be issued after that is in effect, agree to close up the structure in 30 days and complete the project and make the house habitable in 90 days, double the building permit fee and pay attorney fees. Motion seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF TRUNK SANITARY SEWER AND WATERMAIN ASSESSMENT POLICY (DEFERRED NOVEMBER 9, 1993) Following discussion, the motion to approve the City's trunk assessment policies set up by the City Engineer was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF PIONEERLAND LIBRARY SYSTEM AGREEMENT Following discussion, the motion to approve and enter into an agreement and to waive reading and adopt Resolution No. 10093 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF HEARTLAND LEASE AGREEMENT FOR SENIOR CENTER Following discussion, the motion to approve the lease agreement was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, the motion to authorize discontinuation of service at noon on November 29, 1993 unless there were other arrangements was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (d) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 94-03 Following discussion, the motion to approve and accept the engineer's report, to set a hearing date of December 14, 1993 at 8:00 P.M., and to waive reading and adopt Resolution No. 10089 was made by Councilman Torgerson, 3 CITY COUNCIL MINUTES - NOVEMBER 23, 1993 (e) (f) (g) (h) (i) seconded by Councilman Lenz and unanimously carried. CONSIDERATION OF RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT PROJECTS NO. 94-02 AND 94-05 Following discussion, the motion to approve and accept the Engineer's report, to waive hearing, and to waive readings and adopt Resolutions No. 10090 and No. 10091 was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. CONSIDERATION OF RETAINING CONSULTANT FOR RADIO COMMUNICATION STUDY Following discussion, the motion to approve the study was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried. CONSIDERATION OF PLACING CHRISTMAS TREE SIGNS ON PRIVATE PROPERTY Administrator Plotz noted the signs would be posted on private property. The 580 Glen Street address would be under the jurisdiction of the City, but the Main Street location would be under the State ruling to issue a permit. Following discussion, the motion to approve the sign at the Glen Street location was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. Upon the City Attorney's recommendation, the motion to approve the sign at the Main Street site contingent upon the State's approval was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. CONSIDERATION OF AUTHORIZING SECURING ATTORNEY SPECIALIZING IN PERSONNEL Following discussion, the motion to secure the Larkin, Hoffman Law Firm for personnel issues was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. CONSIDERATION OF $4,000 DONATION FROM HUTCHINSON SENIOR CITIZENS FOR SENIOR CENTER BUILDING FUND Following discussion, the motion to approve and accept the donation was made by Councilman Lenz, seconded by 4 CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF PRELIMINARY PLAT WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY JIM HEIKES WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the recommendation to reject the preliminary plat and to refer to the County with objection was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS WITHIN TWO MILE RADIUS (ACOMA TOWNSHIP) REQUESTED BY SAM MONTGOMERY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the Planning Commission recommended immediate annexation of 52.3 acres of property located along the golf course and annexation of 140.5 acres under an orderly annexation agreement with Acoma Township. Following discussion, the motion to approve and refer to the Minnesota Municipal Board as two separate parcels for annexation was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF TAX INCREMENT DISTRICT NO. 7 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION No action was taken. (m) CONSIDERATION OF AMENDMENT OF JUNE 8, 1993 CITY COUNCIL MINUTES FOR ASSESSMENT ROLL NO. 284 (LETTING NO. 5) AND ASSESSMENT ROLL NO. 285 (LETTING NO. 2) Following discussion, the motion to approve the amendment was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF MERIT INCREASE FOR CITY ADMINISTRATOR The motion to recommend a two percent merit increase was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR 5 CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Administrator Plotz noted he attended the County Commissioners meeting today to present the Housing Plan. It received favorable approval, and the Board recommended moving forward with it. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the acquisition of property owned by Karen and Robert Peterson was required by the State of Minnesota as a result of the airport improvement project. The Petersons have agreed to accept the appraised amount of $9,200.00, less appropriate closing costs. Since the City has no immediate need for the land, it will be leased back to the Petersons for agricultural use as designated in the lease and franchise agreement. Following discussion, the motion to approve acquisition of property, to enter into a lease and franchise agreement, and to waive reading and adopt Resolution No. 10092 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the search to fill the two-year unexpired term of Council Member Marlin Torgerson's position on the Council. He was informed the position would be advertised in the newspaper, and an appointment would be made at the January 3, 1994 special organizational meeting. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg asked whether the time had been changed for the County Commissioners' meeting on December 15 regarding the joint maintenance facility. It was reported there was no change in the meeting time. (e) COMMUNICATIONS FROM DUANE BUSKE Duane Buske stated he has garbage pickup that he does not want or use, and he refuses to pay for the service. He has a commercial hauler for his car wash business. Mr. Buske stated he took his garbage next door to his mother's house. The City has threatened to shut his water off, but he did not see any connection between water and garbage. 0 CITY COUNCIL MINUTES - NOVEMBER 23, 1993 Mayor Ackland stated City garbage was a health and safety issue for which the Council had to address and adopt a policy. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:55 P.M. 7