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07-13-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 13, 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, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Max Myers. 3. MINUTES The minutes of the regular meeting of June 22, 1993 and bid opening of June 21, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1993 2. AIRPORT COMMISSION MINUTES OF JUNE 28, 1993 (b) APPOINTMENTS TO HOSPITAL/NURSING HOME BOARD: JIM MILLS AND PAULETTE SLANGA (c) RETAIL ON SALE NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCH HUSKIES BASEBALL ASSN. FOR FOUR WEEKENDS The motion to order the report and minutes filed, to ratify the appointments, and to issue the license was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY BUILDING OFFICIAL TO ATTEND OUT-OF-STATE CONFERENCE The motion to approve was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (b) CONSIDERATION OF REQUEST FOR HCVN-TV TO LOCATE IN NEW CITY HALL CITY COUNCIL MINUTES - JULY 13, 1993 Following discussion, the motion to defer to the July 27, 1993 Council meeting was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (c) DISCUSSION OF ISSUING 1993 CHRISTMAS TREE SALES PERMIT Building Official Jim Marka reported one permit holder had violated the City's off-site premise sign ordinance for several years after being notified in writing of the violation. It was recommended he not be issued a Christ- mas tree sales permit for 1993. Following discussion, the motion to deny Charles Pulkrabek a Christmas tree sales permit for 1993 was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (d) DISCUSSION OF PROJECT NO. 93-06 Mr. Leon Jaster presented a petition with 23 signatures regarding Project No. 93-06 which the Council had recently considered. It was the consensus of the Council that a letter of clarification would be mailed to all affected residents to explain the scope of the project. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9998 - RESOLUTION DESIGNATING LOCATIONS OF TRAFFIC CONTROL DEVICES Engineer Rodeberg reviewed the streets listed for signage. It was recommended to include a 1115 Minute Parking" zone sign on the north side of Washington Avenue from Adams Street to a point approximately 260 feet to the west (Festival Foods entrance) by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. The motion to waive reading and adopt the amended Resolution was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried. (b) RESOLUTION NO. 9999 - A RESOLUTION ACCEPTING $162,500 FROM HUTCHINSON UTILITIES COMMISSION The motion to waive reading and adopt was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - JULY 13, 1993 (c) RESOLUTION NO. 10001 - RESOLUTION TO RELEASE PLEDGED SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN OF HUTCHINSON, MINNESOTA The motion to waive reading and adopt was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (d) ORDINANCE NO. 93-88 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion to waive second reading and adopt was made by Councilman Lenz, seconded by Councilman Mlinar and unani- mously carried. (e) ORDINANCE NO. 93-89 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion to waive second reading and adopt was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF NEW LAW CONCERNING EARLY RETIREMENT INCENTIVE BILL (DEFERRED JUNE 22, 1993) City Administrator Plotz reported the League of Minnesota Cities had provided a letter of clarification on the required position -specific action of the governing body to replace a retiring employee. Following discussion, the motion to approve Option 1 of the early retirement program, to authorize a part-time liquor store employee, and to waive reading and adopt Resolution No. 9996 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF SIX MONTH REVIEW OF FLYERS NITE CLUB INTOXICATING LIQUOR LICENSE Following discussion of unrectified building code violations, the motion to issue a 30 -day extension to bring the building up to code was made by Councilman Erickson and seconded by Councilman Mlinar. The motion was amended by Councilman Erickson to review the license on August 24, 1993, and if the licensee is not in 3 ru CITY COUNCIL MINUTES - JULY 13, 1993 compliance, to revoke the Flyers Nite Club intoxicating liquor license. Amended motion seconded by Councilman Mlinar and unanimously carried. Main motion unanimously carried. (c) CONSIDERATION OF RELOCATION SITE FOR HUTCHINSON IRON & METAL, INC. Following discussion of Jay Freedland's relocation proposal, the motion to defer to the July 27, 1993 Council meeting was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF BUILDING OFFICIAL PROVIDING TECHNICAL ASSISTANCE AND HANDICAP CODE ENFORCEMENT FOR LYNN, ACOMA, HUTCHINSON, AND HASSAN VALLEY TOWNSHIPS Following discussion, the motion to defer to the July 27, 1993 Council meeting was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF APPLICATION FOR TRANSIT GRANT Following discussion, the motion to approve the application was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF AUGUSTA BUILDING CORPORATION TAX INCREMENT FINANCE REQUEST Following discussion, the motion to accept the HCDC Board of Directors' recommendation of denial was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF ELECTRICAL SERVICE CONDEMNATION Following a report by Attorney Anderson, the motion to defer to the July 27, 1993 meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (e) CONSIDERATION OF SPECIAL ASSESSMENT APPEAL FOR PROPERTY OWNED BY DAKOTA RAIL, INC. (PROJECT NO. 93-07) Following a report by the City Attorney, the motion to extend the filing time for a special assessment appeal to 4 V CITY COUNCIL MINUTES - JULY 13, 1993 August 1, 1993, was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1 FOR WATER STORAGE TANK Engineer Rodeberg noted the supplemental agreement was to add conduits and mounting brackets to the project. The motion to approve was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NOS. 1 & 2 FOR FIFTH AVENUE SE Following discussion, the motion to approve was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF NEW ENGINEERING/PLANNING JOB CLASSIFICATION FOR GIS/CAD TECHNICIAN The City Engineer reported on the change in job classifi- cation effective January 1, 1994. No action was taken. (i) CONSIDERATION OF ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, ACCEPTING WAIVER OF HEARING AND ASSESSMENTS, AND ADVERTISING FOR BIDS FOR MORNINGSIDE COURT (LETTING NO. 9, PROJECT NO. 93-16) Following discussion, the motion to approve and advertise for bids on August 16, 1993 at 2:00 P.M., and to waive readings and adopt Resolutions No. 10003-10005 was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated there was a request for a street light in the cul de sac on Golf View Court. The motion to approve and refer to the Utilities was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. The City Administrator presented the transient merchant application from Ryan Bushman. The motion to approve and issue the permit was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 6" CITY COUNCIL MINUTES - JULY 13, 1993 Mr. Plotz reported the City received a 40 percent response on the cable television survey. He requested authorization to use summer employees in the Park and Recreation Department to tally the survey results. The motion to approve was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. It was noted alternative regional library systems were being explored for potential City affiliation. The New Ulm librarian was contacted for information regarding the Traverse des Sioux Library System. Administrator Plotz met with Commissioner Eloi Hamre to discuss the dispatch issue. The County Commissioners will discuss the topic at its August meeting. An update on the proposed elevator move and bond issue was given by Mr. Plotz. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on Director Duane Hoeschen's letter regarding McLeod County being included in the Presidential Disaster Declaration. He inquired if the City would be able to recoup money for the baseball field and other properties damaged by the recent heavy rains and flooding. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar asked about the antenna on top of the new water tower. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson requested an update on the Hormel situation. He also asked about MN/DOT reviewing the Main Street traffic congestion conditions during the hours of 11:30 A.M. to 1:30 P.M. and 3:00 P.M. to 6:00 P.M. The motion to have the City Engineer contact MN/DOT for a traffic count and review of Main Street and to adopt Resolution No. 10024 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (e) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson requested Engineer Rodeberg to check into the status of setting up a meeting for an orderly 1.1 CITY COUNCIL MINUTES - JULY 13, 1993 annexation with Lynn Township. He also asked about the water in the Miller Park area. (f) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the 20 day waiting period was about to expire on the Klockman property so he will provide the property owner with a notice to raze the building. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg noted Larry McKimm (McKimm Transit) has requested annexation into the City and utility service. The property is 70-80 percent surrounded by the City. The City Engineer recommended waiting until 1994 to annex the property. It was reported that Lance Albers had proposed to do a portable 41X5' logo sign for the new City Hall for $850. (h) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland asked about the status of the annexation of the southwest area property and directed Engineer Rode - berg to prepare plans for the project. The Mayor inquired of the City Attorney about the 15 -year cable contract. He then commented on the League of Cities upcoming workshop on cable franchises. 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 9:47 P.M. 7