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10-26-1993 CCM (2)t I MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 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 John Mlinar, Marlin Torgerson, and Don Erickson. Absent: Councilman Craig Lenz. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson (arrived at 7:43 P.M.). 2. INVOCATION The invocation was given by the Reverend Jim Marshall. 3. MINUTES The minutes of the regular meeting of October 12, 1993 and bid opening of October 25, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1993 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF SEPTEMBER 21, 1993 3. HUTCHINSON HOUSING, INC. MINUTES OF SEPTEMBER 21, 1993 (b) REPORT OF CITY INVESTMENTS (c) APPLICATION FOR SNOW REMOVAL PERMIT BY DONOVAN HOLTBERG, A.D.L.H. SNOW PLOWING (d) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY JOAN TURCK, TURCK'S TREES (e) REISSUANCE OF GAMBLING LICENSE TO AMERICAN LEGION (f) APPOINTMENT OF DENNIS KAHL TO AIRPORT COMMISSION The motion to order the report and minutes filed, to issue permits and license, and to ratify the appointment was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 5. PUBLIC HEARING None It ti CITY COUNCIL MINUTES - OCTOBER 26, 1993 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION ON PIONEERLAND LIBRARY SYSTEM BY DIRECTOR JOHN HOULAHAN Since Director John Houlahan could not come to the meeting, a presentation on the contract with the Library System will be made by Delores Brunner at the November 9, 1993 meeting. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-94 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.11, SETTING FORTH COMPENSATION LEVELS FOR THE MAYOR AND COUNCIL MEMBERS AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion to waive second reading and adopt Ordinance No. 93-94 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (b) RESOLUTION NO. 10074 - CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD The motion to waive reading and adopt Resolution No. 10074 was made by Councilman Mlinar, seconded by Council- man Torgerson and unanimously carried. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion to authorize discontinuation of service at noon on November 1, 1993, unless there were other arrangements was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF AGREEMENT WITH METRO -TEST INC. FOR DRUG AND ALCOHOL TESTING OF CITY EMPLOYEES Following discussion, the motion to approve the contract with Metro Test Inc. was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 2 V CITY COUNCIL MINUTES - OCTOBER 26, 1993 (c) CONSIDERATION OF 1994 ASSESSMENT AGREEMENT BETWEEN MCLEOD COUNTY AND CITY OF HUTCHINSON Following discussion, the motion to approve the 1994 assessment agreement was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (d) DISCUSSION OF SEMINAR ON "THE HUTCHINSON PROJECT," BICYCLE AND PEDESTRIAN FRIENDLY CITY Engineer Rodeberg reported on the recent seminar. He stated there were both short-term and long-term goals for a bicycle/pedestrian program in Hutchinson. There is the potential of having a "sister city" relationship with the community of Kerava, Finland. (e) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 289, WAIVING HEARING AND ADOPTING ASSESSMENT ROLL, AND AWARDING CONTRACT FOR LETTING NO. 1, PROJECT NO. 94-01, WALNUT RIDGE --PHASE I UTILITY IMPROVEMENT Following discussion, the motion to approve assessment roll No. 289, to waive the hearing and to award the contract to Juul Contracting Company in the amount of $149,384.40, and to waive readings and adopt Resolutions No. 10063, No. 10064 and No. 10065 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (f) CONSIDERATION OF ADOPTING RESOLUTION IN CONNECTION WITH SUBORDINATION AGREEMENT REQUESTED BY MARQUETTE BANK HUTCHINSON Following discussion, the motion to approve and adopt Resolution No. 10066 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (g) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY ON FRANKLIN STREET FROM C-3 TO R-2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to defer to the next Council meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF REQUEST BY SOS PROMOTIONS FOR CONDITIONAL USE PERMIT TO ALLOW PORTABLE SIGNS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 3 J CITY COUNCIL MINUTES - OCTOBER 26, 1993 It was noted during discussion that MN/DOT approved the portable sign on the state highway this time, but there should not be any in the future. The motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10067 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (i) CONSIDERATION OF REQUEST BY STEVE FANGMEIER FOR CONDITIONAL USE PERMIT FOR ADDITION TO SUBWAY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10068 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF REQUEST BY JAMES NELSON FOR CONDITIONAL USE PERMIT TO MOVE 1973 REGAL MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10069 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (k) CONSIDERATION OF REQUEST BY TOM LUDOWESE FOR CONDITIONAL USE PERMIT TO CONSTRUCT ADDITION TO ACME CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10070 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (1) CONSIDERATION OF REQUEST BY SCOTT PLOWMAN FOR CONDITIONAL USE PERMIT TO CONSTRUCT COLD STORAGE BUILDING ON PLOWMAN'S PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10071 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF REQUEST BY KAROL MORTENSEN, 575 CLARK STREET, FOR CONDITIONAL USE PERMIT TO REPLACE EXISTING 141X20' GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION P r_ CITY COUNCIL MINUTES - OCTOBER 26, 1993 Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10072 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF REQUEST BY ROBERT BLUHM, 409 CALIFORNIA STREET, FOR CONDITIONAL USE PERMIT TO MOVE GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10073 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (o) CONSIDERATION OF LOT SPLIT IN HUTCHINSON DOWNTOWN DEVELOPMENT PLAT ##2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the McLeod County Assessor's office had requested a lot split of the Festival Foods property for tax purposes to properly assess the tax increment district affecting one lot. Following discussion, the motion to approve the lot split was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (p) CONSIDERATION OF FINAL PLAT OF SUNNYSIDE FIRST ADDITION WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) SUBMITTED BY LEROY CHRISTENSEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to refer to the County with no objection was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF PURCHASE OF 1994 AMBULANCE FOR HUTCHINSON COMMUNITY HOSPITAL It was reported by Jim McKay, ambulance supervisor, that the low bidder and second lowest bidder did not meet the specifications in the area of structure. The Hospital/ Nursing Home Board recommended awarding the bid to the next lowest bidder, North Central Ambulance Sales and Service at the bid price of $77,300. Following discussion, the motion to approve North Central's bid was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 5 h CITY COUNCIL MINUTES - OCTOBER 26, 1993 10. MISCELLANEOUS (a) COMMUNICATIONS 1. REQUEST FOR STREET LIGHTING ON EAST HIGHLAND PARK DRIVE AND NORTH END OF LARSON STREET Following discussion, the motion to approve the requests and refer them to the Hutchinson Utilities was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 2. DEMOLITION OF HOUSE AT 167 THIRD AVENUE NW It was reported two quotes were received to raze the structure on Third Avenue. Attorney Anderson noted a court appearance regarding this issue was scheduled for November 4, 1993 at 1:30 P.M. Sub- sequent to court approval to remove the building, the City Administrator could issue an order for removal. Following discussion, the motion to authorize the City Administrator to issue an order for removal subject to court approval was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 3. TOOL AUCTION PERMIT FOR TAP ENTERPRISES INC. It was noted TAP Enterprises had previously acquired an auction permit from the City. Following discussion, the motion to approve the auction permit subject to a police check on the company and verification of the auctioneer's license was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported a quarterly inventory was taken at the liquor store. He also noted he and the Mayor had attended a meeting regarding the tri -agency maintenance building. The City Administrator presented an update on the HCDC activities. There are two potential projects, namely, the Peace Lutheran Church senior housing project for 40 C. CITY COUNCIL MINUTES - OCTOBER 26, 1993 units and the Augusta Housing Management Company project. Since both developers will be requesting tax increment financing from the City, a public hearing date will be set to consider tax increment financing at the first Council meeting in November. Mr. Plotz stated he recently spoke at a State meeting on backyard composting. Administrator Plotz commented on the procedure for the ballot write-in votes for Bill Craig at the election on November 2. The electronic voting machines will not be used in this election, and all votes will be hand counted. It was reported that Attorney Morgan Godfrey and Junker Sanitation's legal counsel were taking depositions of the Council members and City Administrator this week. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson inquired if the City was considering an auction this year. He was informed it would most likely be held in the spring of 1994 to dispose of items left from the move to the new City Hall. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that if there was no response by October 27, the City Administrator could instruct the contractor to proceed with demolition of the property at 830 Elm Street. The City Attorney suggested the Council consider a consensus agenda to save time at the meeting. 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 Erickson, seconded by Councilman Torgerson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:10 P.M. 7