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03-23-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 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 Toigerson, and Don Erickson. Also present: City Administrator Gary D. Plotz and City Attorney G. Barry Anderson. 2. 0 4 5. INVOCATION The invocation was given by the Reverend Bob Gamble. MINUTES The minutes of the regular meeting of March 9, 1993 and bid opening of March 15, 1993 were approved as distributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY & FEBRUARY 1993 2. PLANNING COMMISSION MINUTES OF FEBRUARY 16, 1993 3. SENIOR ADVISORY BOARD MINUTES OF JANUARY 13, 1993 (b) REPORT OF CITY INVEIrMRNTS (c) ON -SALE INTOXICATING LIQUOR ,LICENSE 1. GOLD COIN 3. THE UNDERGROUND 2. VICTORIAN INN 4. LAMPLIGHTER LOUNGE II (d) SET-UP LICENSE - LITTLE CROW BOWLING LANES The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to order report and minutes filed ind to issue licenses. PUBLIC HEARING - 8:00 P.M. (a) ISSUANCE OF 1.1vDUS'1LIAI- DEVELOPfriENT REVENUE REFUNDING BONDS FOR HUTC."HINSON TECHr'OLOGY, INC. Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing. CITY COUNCIL MINUTES - MARCH 23, 1993 Attorney Steve Rosholt, Faegre & Benson Law Firm, reported the amount of the refunding bonds had been reduced to $2 million. Following discussion, Councilman Mlinar moved to close the hearing at 8:03 P.M. Motion seconded by Councilman Erickson and unanimously carried. Councilman Erickson moved to approve and waive reading and adopt Resolution No. 9912. Motion seconded by Councilman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TWO-HOUR PARKING SIGNS BY DR. STEVE DEKOSTER Following discussion, Councilman Erickson moved to reject the request. Motion seconded by Councilman Torgerson and unanimously carried. (b) DISCUSSION BY RALPH JOHNSON OF HOLDING 1994 STATE AMATEUR BASEBALL TOURNAMENT IN HUTCHINSON Ralph Johnson noted the 1994 state amateur baseball tournament in Hutchinson would be co -hosted by Hutchinson and Arlington. It would attract 7-9,000 people into the community over a three weekend period from the middle of August until Labor Day. He requested support of the City Council, the local businesses and individuals. Following discussion, Councilman Mlinar moved to approve support of the 1994 state amateur baseball tournament. Motion seconded by Councilman Torgerson and unanimously carried. (c) PRESENTATION BY SUPERINTENDENT GARY SWENSON AND CITY ADMINISTRATOR GARY PLOTZ REGARDING CONCEPT OF JOINT POWERS AGREEMENT BETWEEN SCHOOL DISTRICT AND CITY OF HUTCHINSON Superintendent Gary Swenson presented a proposal to review a joint powers agreement between the School District and the City of Hutchinson which could coordinate programs of the community education and recreation department. He noted the Board of Education passed a motion at its meeting this evening to pursue the concept. K CITY COUNCIL MINUTES - MARCH 23, 1993 Following discussion, Councilman Torgerson moved to approve exploring the concept of a joint powers agreement between the School District and the City. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST BY ABATE MOTORCYCLE CLUB TO HOLD MAY FUND RAISER IN HUTCHINSON Following discussion, Councilman Torgerson moved to approve the request based on the Police Department recommendation. Motion seconded by Councilman Lenz and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-75 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MECLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE The motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to waive second reading and adopt. (b) ORDINANCE NO. 93-76 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 5.01, SUBD. 20 DEFINING A "RESTAURANT" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Councilman Torgerson moved to dis- continue service at noon on March 29 unless other arrangements were made. Motion seconded by Councilman Lenz and unanimously carried. 3 CITY COUNCIL MINUTES - MARCH 23', 1993 (b) CONSIDERATION OF ISSUING CREDIT ON REFUSE BILL FOR USING BLUE RECYCLING BIN City Administrator Plotz showed a video on St. Louis Park's recycling/composting program. Then Jack Shelton from Shelton Company explained the system and procedure for using a hand held computer for bar code scanning. Following discussion, Councilman Torgerson moved to approve a $2.00 per month recycling/composting credit to residents to be effective in July. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF OBTAINING APPRAISAL OF CITY -OWNED PROPERTY, LOT 10, BLOCK 21 Following discussion, Councilman Erickson moved to approve authorizing an appraisal by David Lorence. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF RETAINING INDEPENDENT COUNSEL REGARDING RENEWAL OF CABLE FRANCHISE City Attorney Anderson recommended the City obtain independent legal counsel regarding the cable television franchise since it is a very technical field. He stated there were only two law firms which provide the consult- ing services required by the City. Councilman Torgerson moved to accept the recommendation of the City Attorney and to obtain Attorney Thomas D. Creighton of the Bernick and Lifson law firm. After discussion, the motion was withdrawn. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to direct the City Attorney to request proposals from both law firms. (e) CONSIDERATION OF ADJUSTMENT OF WATER RATES During discussion of water rates, it was suggested a public hearing be held for commercial and industrial accounts that have 50,000 gallons or more usage. It was the consensus of the Council to take no action at this time and to review the issue at a later date. 4 CITY COUNCIL MINUTES - MARCH 23, 1993 (f) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION FROM MICHAEL GENE FASCHING FOR J'S PIZZA BAR & GRILL Following discussion, Councilman Mlinar moved to set a public hearing for April 13, 1993 at 8:00 P.M. Motion seconded by Councilman Lenz and unanimously carried. (g) CONSIDERATION OF AWARDING BID FOR ROTARY PARK PLAYGROUND EQUIPMENT Following discussion, Councilman Mlinar moved to approve and to award bid to Minnesota Playground in the amount of $26,718.04. Motion seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF AWARDING BID FOR PARK DEPARTMENT TRACTOR AND ATTACHMENTS Following discussion, Councilman Erickson moved to approve and to award low bid for a 1993 John Deere tractor with attachments to L & P Supply in the amount of $21,388.97. Motion seconded by Councilman Torgerson and unanimously carried. (i) CONSIDERATION OF ANNEXATION OF WIGEN PROPERTY REQUESTED BY CITY STAFF It was reported the Planning Commission recommended annexation of the entire Lot 6 when Hutchinson Technology recently annexed adjoining property. The City staff concurred since the Wigen property is surrounded by municipal boundaries on three sides. Following discussion, Councilman Mlinar moved to approve and to refer to the Municipal Board. Motion seconded by Councilman Mlinar and unanimously carried. The motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously carried, to waive first reading of Ordinance No. 93-79 and to set second reading for April 13, 1993. (j) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF JIM JOHNSON ADDITION SUBMITTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to 5 CITY COUNCIL MINUTES - MARCH 23, 1993 approve the final plat and Resolution No. 9907. Motion and unanimously carried: �k " to waive reading and adopt seconded by Councilman Lenz (k) CONSIDERATION OF REZONING FROM R-3 TO R-4 IN TWIN OAKS ADDITION REQUESTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve and to waive first reading of Ordinance No. 93-77 and to set second reading for April 13, 1993. Motion seconded by Councilman ERickson and unanimously carried. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAMES JOHNSON FOR CONSTRUCTION OF 92 -UNIT RENTAL TOWNHOUSES ON TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the permit and to waive reading and adopt Resolution No. 9908. Motion seconded by Councilman Mlinar and unani- mously carried. (m) CONSIDERATION OF VARIANCE REQUESTED BY W. A. HELLAND FOR CONSTRUCTION OF HOUSE LOCATED AT 1200 SEVENTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the variance and to waive reading and adopt Resolution No. 9909. Motion seconded by Councilman Erickson and unanimously carried. (n) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REQUESTED BY CITY STAFF TO CHANGE DWELLING UNIT DENSITY FROM 4,500 SQUARE FEET TO 4,000 SQUARE FEET IN R-3 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Mlinar, seconded by Co=-ilman Lenz and unanimously carried, to defer. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD GROUP HOME VOR RESIDENTS SCHOOL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the conditional use permit and to waive reading and adopt Resolution No. 9910. Motion seconded by Councilman Torgerson and unanimously carried. In CITY COUNCIL MINUTES - MARCH 23, 1993 (p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FOR CONSTTTION OF HOUSEHOLD HAZARDOUS WASTE FACILITY IN FAIR JZT6NDS ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve the permit and to waive reading and adopt Resolution No. 9911. Motion seconded by Councilman Erickson and unanimously carried. (q) CONSIDERATION OF SKETCH PLAN SUBMITTED BY LEROY CHRISTENSEN WITHIN TWO MILE RADIUS (HUTCHINSON TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer to the County with no objection. Motion seconded by Coun- cilman Erickson and unanimously carried. (r) CONSIDERATION OF REVERSE NAIG SETTLEMENT AGREEMENT Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and enter into agreement. (s) CONSIDERATION OF PETITION BY PROPERTY OWNER FOR IMPROVEMENT IN SCHMIDTBAUERS FOURTH ADDITION - PHASE 2 (LETTING NO. 7, PROJECT NO. 93-14) It was reported Richard and Beatrice Schmidtbauer, 100 percent property owners, had submitted a signed petition for improvements and an agreement of assessment and waiver of irregularity and appeal. The City Engineer requested approval of his report and the plans and specifications and authorization to advertise for bids. Following discussion, Councilman Torgerson moved to approve the engineer's report and plans and specifi- cations, to authorize advertising for bids on April 19, 1993 at 2:00 P.M., and to waive readings and adopt Resolutions No. 9913, No. 9914, and No. 9915. Motion seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the liquor store will move into its new location over the weekend of April 3 7 CITY COUNCIL MINUTES - MARCH 23, 1993 and open mid -week. City staff will conduct a walk- through tour before the store opens for business. Mr. Plotz noted interviews for a part-time Fire Marshall were held today. The City Administrator stated he discussed the Hutchinson Iron & Metal situation with the HCDC Director. The owner of the business wished to meet directly with the City Council. Mr. Plotz wanted direction on the issue prior to a meeting with the Elevator Board. Since the Council requested a recommended date for the public to tour the old City Hall building, a staff report will be presented at the next Council meeting. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz questioned why the water boom was still located behind the utilities building and recommended its removal. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlirar inquired about the status of a list of City -owned property that could be sold. He also asked about the status of the Elks proposal. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson commented on the Hospital/Nursing Home Board meeting held earlier this evening. He requested Council approval for the bid on a basement remodeling project at Burns Manor Nursing Home. Following discussion, Councilman Torgerson moved to approve the low bid from Lund Martin Construction at $240,300 for the lower level remodeling project at Burns Manor Nursing Home. Motion seconded by Councilman Mlinar and unanimousl)e carried. Councilman Torgerson requested updated information regarding the Sheppard property. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated he had no report regarding the Country Club Terrace litigation. 9 CITY COUNCIL MINUTES - MARCH 23, 1993 (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported th6 Women's Club wished to honor and recognize Les Kouba with signage under the Hutchinson population signage. Since it would require State Legis- lature approval to post the signs, the Council would need to submit a Resolution requesting authorization for said signage. Following discussion, Councilman Torgerson moved to approve and to waive reading and adopt Resolution No. 9916. Motion seconded by Councilman Mlinar and unani- mously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. WE