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03-09-1993 CCM16 i MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 9, 1993 1. The meeting was called to order at 7:30 P.M. by Vice -President Mlinar. The following were present: Vice -President John Mlinar, Councilmen Craig Lenz, Marlin Torgerson, and Don Erickson. Absent: Mayor Paul L. Ackland. 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 Tim Caspers. 3. MINUTES The minutes of the regular meeting of February 23, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1993 2. HOSPITAL/NURSING HOME BOARD MINUTES OF JANUARY 19, 1993 3. PARK & RECREATION BOARD MINUTES OF JANUARY 27, 1993 The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF LIQUOR STORE REPORT BY CHARLES GRINSTEAD Consultant Charles Grins,.ead presented a report on the new liquor store. He stressed pricing, marketing and a change of image as important considerations from the results of the customer questionnaire. It was the con- sultant's recommendation to hold a grand opening about April 22 through the end of the month. (b) CONSIDERATION OF REQUEST BY ASSEMBLY OF GOD CHURCH TO USE LIBRARY SQUARE 11 I CITY COUNCIL MINUTES - MARCH 9, 1993 7. E:7 The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the request. (c) CONSIDERATION OF REQUEST BY ABATE MOTORCYCLE CLUB TO HOLD MAY FUND RAISER IN HUTCHINSON Following discussion, Councilman Torgerson moved to table until the next meeting. Motion seconded by Councilman Lenz and unanimously carried. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9901 - RESOLUTION FOR PURCHASE The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9902 - AUTHORIZING SUBSTITUTION OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. UNFINISHED BUSINESS (a) CONSIDERATION OF ISSUING INTOXICATING LIQUOR LICENSE FOR DAVID M. SOWERS AND RICHARD S. BLACK, DBA THE FLYERS/HI TOPS BAR & GRILL (DEFERRED FEBRUARY 23, 1993) City Administrator Plotz stated the applicant had received a 30 -day temporary restaurant license, but the City did not have an insurance certificate or a partner- ship agreement from them. Police Chief Steve Madson reported he and the Building Official had inspected the site and some of the building code items on the list had been completed. There were certain outside repairs which could not be done until spring. Chief Madson had received a FAX copy of a binder of insurance effective April 1, 1993; however, the license cannot be issued until the City receives the official copy of the insurance binder. The residence requirement had been satisfied, but the City still needed Articles of Incorporation from the applicants. He had reviewed the proposed menu to determine it met the ordinance requirements for food. It was recommended to 2 CITY COUNCIL MINUTES - MARCH 9, 1993 issue a conditional license which would be reviewed in 90 days. Following discussion, Councilman Torgerson moved to approve issuance of a liquor license contingent upon the foregoing requirements being met. Motion seconded by Councilman Lenz and unanimously carried. City Attorney Anderson requested the license holder sign an acknowledgment that the City would allow the sale of alcoholic beverages by issuing a conditional and temporary liquor license if satisfactory assurance was provided that the uncompleted building improvements and corrections would be constructed and installed no later than July 1, 1993. If the conditions were not met, the license holder would agree to voluntarily relinquish the license at issue. 9. NEW BUSINESS (a) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 93-05, LETTING NO. 4 (SOUTH GRADE ROAD) Tim Chalupnik, engineer for TKDA, presented a feasibility report on the proposed improvements for South Grade Road. Because of safety concerns, TKDA did not recommend removal of the raised median at the intersection of T.H. 15 and South Grade Road. He also addressed the access to properties along Lynn Road. Greg Pearce, owner of Hutchinson Health & Fitness Club, expressed concern of closing the one entrance in front of his business. He stated it would decrease the value of the property and reduce the number of parking spaces. There was no sidewalk in front when he bought the build- ing. Earl Fitzloff, owner of Hardware Hank, noted he had given property for Lynn Road and paid assessments. He felt the engineer was not concerned about the three businesses. Mr. Fitzloff suggested using Fifth Avenue for truck traffic. Following discussion, Councilman Erickson moved to accept the report, to call for a hearing on project No. 93-05 for April 13, 1993 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9905 and No. 9906. Motion seconded by Councilman Lenz and unanimously carried. 3 0 19 CITY COUNCIL MINUTES - MARCH 9, 1993 (b) CONSIDERATION OF ISSUING CREDIT ON REFUSE BILL FOR USING BLUE RECYCLING BIN The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to table to the next meeting. (c) CONSIDERATION OF AUTHORIZING NOTICE OF CATV VIOLATIONS AND NON-COMPLIANCE WITH LOCAL FRANCHISE AGREEMENT Following discussion, Councilman Torgerson moved to approve and direct the City Attorney to send the Notice of Franchise Violation of non-compliance. Motion sec- onded by Councilman Lenz and unanimously carried. (d) CONSIDERATION OF SETTING SPECIAL COUNCIL MEETING FOR MARCH 15 WITH WOLD ARCHITECTS The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve and set a special meeting on March 15, 1993 at 5:15 P.M. (e) CONSIDERATION OF RESOLUTION SUPPORTING APPLICATION TO SOUTHWEST MINNESOTA INITIATIVE FUND FOR AMS COATING SYSTEMS (WOOD -N -WALLS, INC.) Following discussion, Councilman Erickson moved to approve and to waive reading and adopt Resolution No. 9903. Motion seconded by Councilman Torgerson and unan- imously carried. (f) CONSIDERATION OF RESULTS FROM YOUTH CENTER SURVEY Dolf Moon and John Arlt presented the results of the recent youth survey to the City Council. They will come back with a recommendation from other entities to help the Council determine the future use of the old fire station. (g) CONSIDERATION OF 1993 RURAL FIRE DEPARTMENT BUDGET Following discussion, Councilman Lenz moved to approve the budget. Motion seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF OMAR COLLIS ISSUES (SHOPKO PROJECT) Attorney Anderson commented on the retained funds on the property purchased from Omar Collis for the Shopko 4 CITY COUNCIL MINUTES - MARCH 9, 1993 project. It was his recommendation to authorize the payment of 75 percent of the funds being held and to hold 25 percent until the City receives approval from Twin City Testing. Following discussion, Councilman Lenz moved to approve the recommendation of the City Attorney. Motion seconded by Councilman Torgerson and unanimously carried. (i) CONSIDERATION OF ASSESSMENT AGREEMENT ANNULMENT AND REASSESSMENT FOR SCHANTZEN AND SCHANTZEN Following discussion, Councilman Erickson moved to approve the reassessment agreement. Motion seconded by Councilman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the Lynn Township Board approved a waiver of the 90 -day waiting period for annex- ation of the Roger Stearns property. Therefore, the City Council could proceed with the first reading of Ordinance No. 93-75. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive the first reading of Ordinance No. 93-75 and set second read- ing for March 23, 1993. Mr. Plotz stated the current liquor license holder for J's Sports Bar would not be renewing his license. A new applicant will be applying for a license at the next meeting. Reference was made to the letter received from the Minnesota Pollution Control Agency regarding Mike's Mobil site. In conversation with Bill Fellows, it was deter- mined he had not reviewed the November and December reports when the letter was written. (b) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson commented on the Sheppard property and the potential of moving the house onto the City -owned parking lot across the street for resale. Following dis- cussion, it was the consensus of the Council to purchase the property at the appraised price. 5 CITY COUNCIL MINUTES - MARCH 9, 1993 Councilman Torgerson requested a report from the HCDC regarding the status of Jay Freedland's relocation issue for the next Council meeting. After discussion on the future use of the old City Hall building, it was determined to let City staff set a date for an open house or public hearing for citizens' input. A recommendation will be presented at the next Council meeting. Councilman Torgerson inquired if Perkins was consider- ing Hutchinson as a location. Engineer Rodeberg stated a local party had considered putting one in town, but nothing has developed. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Upon inquiry from Councilman Erickson regarding develop- ment projects, Engineer Rodeberg gave an update on all the current projects. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson presented a draft of Ordinance No. 93- 76 which would amend the intoxicating liquor ordinance to require at least 40 percent of receipts be for food sales and 60 percent for liquor sales. He suggested inviting the liquor license holders to attend the second reading of the ordinance. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive first reading of Ordinance No. 93-76 and set second read- ing for March 23, 1993. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested approval of the airport expansion agreements for state financial assistance for airport improvement and the federal aviation administra- tion grant. Councilman Erickson moved to approve and enter into agreement. Motion seconded by Councilman Lenz and unani- mously carried. It was reported a MN/DOT survey revealed a horse corral located on the Johnson property had a 50 foot encroach- ment onto airport property. The City Attorney will 10 CITY COUNCIL MINUTES - MARCH 9, 1993 review the situation and come back with a recommendation. The Director of Engineering reported the City had saved the lightning rod and a wooden pulley from the Farmers Elevator when it was demolished in 1992. These articles were donated to the McLeod County Historical Society, and it has requested a signed release for deed of gift. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to approve signing a release letter for deed of gift. Engineer Rodeberg requested permission for the City to also give the Historical Society the plaque off the old water tower and the plaque of the City's first paving project. The motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to donate the two plaques to the McLeod County Historical Society. Following discussion of project No. 93-10, Councilman Erickson moved to rescind approval of project No. 93-10 and to delay the improvement until next year. Motion seconded by Councilman Lenz and unanimously carried. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Administrator Plotz requested payment of $2,618.75 to Gene Minnick's Painting for painting the new liquor store which was not included in the verified claims. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds, including Minnick's invoice. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. 7