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02-23-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 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, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jim Hall. 3. MINUTES The minutes of the regular meeting of February 9, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1993 2. PLANNING COMMISSION MINUTES OF JANUARY 19, 1993 (b) REPORT OF CITY INVESTMENTS (c) CLUB INTOXICATING LIQUOR LICENSES 1. AMERICAN LEGION 2. CROW RIVER COUNTRY CLUB 3. ELKS LODGE 4. VFW POST #906 (d) APPLICATION FOR PARADE PERMIT ON MAY 16, 1993 BY AMERICAN LEGION POST 96 The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to order report and minutes filed and to issue licenses/permit. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE FOR DAVID M. SOWERS AND RICHARD S. BLACK, DBA THE FLYERS/HI TOPS BAR & GRILL Mayor Ackland called the hearing to order at 8:00 P.M. CITY COUNCIL MINUTES - FEBRUARY 23, 1993 Richard Black reported on the past business experience of both applicants. He stated he had an appointment for this week to obtain a restaurant license. Mr. Black noted the menu would include entree dishes as well as hamburgers, etc. He and his partner had set a March 1 deadline, but the opening had been moved back. It was reported Tom Dolder had submitted a letter of intent to relinquish his intoxicating liquor license. Attorney Anderson commented the City intended to incorporate into its code that 60 percent of the sales would be in food service. It was his recommendation to defer the issuance of the license to the first Council meeting in March. Police Chief Madson raised an issue of: (1) no partner- ship agreement, (2) no insurance information, (3) meeting building code regulations, (4) verification of local address, and (5) payment of the investigation fee. Mr. Black addressed the list of building code items to be corrected prior to issuance of the Flyers liquor license. He reported most of the items had been taken care of, but the utility shed belonged to the former owner. Following discussion, Councilman Torgerson moved to continue the hearing until March 9. Motion seconded by Councilman Don Erickson. The motion and second were withdrawn. Councilman Mlinar moved to close the hearing. Motion seconded by Councilman Lenz and unanimously carried. Councilman Mlinar moved to defer issuing the liquor license until March 9, 1993. Motion seconded by Council- man Lenz and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY RUST ENVIRONMENT & INFRASTRUCTURE ON COMPREHENSIVE SANITARY SEWER PLAN Gene Anderson presented the comprehensive sanitary sewer plan for the south and southwest areas of the City. Following discussion, Councilman Torgerson moved to approve and enter into a professional services agreement CITY COUNCIL MINUTES - FEBRUARY 23, 1993 with Rust (formerly Donohue). Motion seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF REQUEST BY CABLE ADVISORY BOARD TO HOLD JOINT WORKSHOP WITH CITY COUNCIL Following discussion, Councilman Torgerson moved to set a joint meeting for Tuesday, March 2, at 5:00 P.M. Motion seconded by Councilman Erickson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9896 - RESOLUTION FOR PURCHASE The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9897 - RESOLUTION APPROVING 1993 BUILDING PERMIT FEE SCHEDULE The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) DISCUSSION OF ADAMS STREET (TH 22) COOPERATIVE AGREEMENT WITH MN/DOT (DEFERRED FEBRUARY 9, 1993) Engineer Rodeberg reported on the status of the project. No action was required. (b) CONSIDERATION OF REDUCING FENCE HEIGHT AT 515 HURON STREET (DEFERRED FEBRUARY 9, 1993) Attorney Anderson stated the fence in question was constructed according to appropriate plans and specifi- cations, a building permit was properly issued, and the fence is properly located as required by the zoning ordinance. It was his opinion the City had no authority to take any action. No action was taken, but City staff will send a letter to ask the party to voluntarily reduce the height of the fence. 3 CITY COUNCIL MINUTES - FEBRUARY 23, 1993 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUEN`i WATER AND SEWER ACCOUNTS Councilman Torgerson moved to discontinue service at noon on March 1, 1993, unless otter arrangements were made. Motion seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF REQUEST BY EAA TO USE AIRPORT STORAGE AREAS A & B Following discussion of the City's shortage of storage space, Councilman Torgerson moved to deny the request. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF APPLICATION BY CHARLES F. HOMIER, JR. (DBA HOMIER DISTRIBUTING CO., INC.) FOR TRANSIENT MERCHANT LICENSE Following discussion, Councilman Erickson moved to approve and issue license. Motion seconded by Councilman Lenz and unanimously carried. (d) CONSIDERATION OF ESTABLISHING BOARD OF REVIEW MEETING FOR MAY 13, 1993 at 4:30 P.M. Following discussion, Councilman Mlinar moved to set the Board of Review meeting for May 13, 1993, at 4:30 P.M. Motion seconded by Councilman Lenz and unanimously carried. (e) CONSIDERATION OF AIRPORT FUEL TANK SUPPLEMENTAL AGREEMENT Following discussion, Councilman Erickson moved to approve the supplemental agreement. Motion seconded by Councilman Torgerson and unanimously carried. (f) CONSIDERATION OF SW AREA CONSULTANT AGREEMENT WITH BARR ENGINEERING COMPANY Engineer Rodeberg reported on the funding for the south- west area project. He state! the property owners would be allowed to do independent development. Following discussion, Councilman Erickson moved to approve the consultant agreement with Barr Engineering. 4 CITY COUNCIL MINUTES - FEBRUARY 23, 1993 Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF RECOMMENDATION FOR PAINTING OF LIQUOR STORE Following discussion, Councilman Torgerson moved to accept the lowest bid from Gene Minnick's Painting for $2,618.75. Motion seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF SETTING PUBLIC HEARING FOR REFINANCING OF INDUSTRIAL REVENUE BONDS FOR HUTCHINSON TECHNOLOGY, INC. Following discussion, Councilman Mlinar moved to approve and set a public hearing for March 23, 1993, at 8:00 P.M. and to waive reading and adopt Resolution No. 9898. Motion seconded by Councilman Lenz and unanimously carried. (i) CONSIDERATION OF CANINE PROGRAM IN POLICE DEPARTMENT Police Chief Madson reported the Police Department canine (Sam) has developed an incurable respiratory disease. If the City Council wishes to resume the program, it will be necessary to purchase a new trained canine at a price of $5,800. He requested authorization to continue the canine program and to obtain a $3,800 deposit to reserve an animal at the Sun Coast Canine Academy in Florida. Following discussion, Councilman Mlinar moved to approve the request of the Police Chief. Motion seconded by Councilman Torgerson and unanimously carried. (j) CONSIDERATION OF CITY AND SCHOOL DISTRICT FACILITY CONTRACT FOR USE OF TARTAN PARK Following discussion of accepting a 24' X 24' building in lieu of a School District rental payment of $600 for a five-year period, Councilman Mlinar moved to approve and accept the building. Motion seconded by Councilman Torgerson and unanimously carried. (k) CONSIDERATION OF PLAYGROUND EQUIPMENT PROPOSAL FOR ROTARY PARK Following discussion of funding, Councilman Mlinar moved to approve advertising for bids. Motion seconded by 5 CITY COUNCIL MINUTES - FEBRUARY 23, 1993 Councilman Lenz and unanimously carried. (1) CONSIDERATION OF REQUEST FOS, HEAD START TO LEASE SPACE IN FORMER CHAMPION AUTO STORE IN PLAZA 15 SHOPPING MALL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the request. Motion seconded by Councilman Lenz and unanimously carried. (m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SHAWN HEAIRET TO MOVE 1975 MOBILE HOME TO COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve with the recommendations of the Planning Commission and to waive reading and adopt Resolution No. 9894. Motion seconded by Councilman Erickson and unanimously carried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID KNOOP AND DOUG THOMPSON FOR CONSTRUCTION OF BURGER KING RESTAURANT ON HWY. 7 WEST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve, with a minimum 20 -year easement for south access onto Third Avenue NW, across the railroad tracks, and to waive reading and adopt Resolution No. 9895. Motion seconded by Councilman Lenz and unanimously carried. (o) CONSIDERATION OF APPLICATION TO MCLEOD COUNTY REGARDING RON HANSEN GRAVEL PIT WITH NO OBJECTION FROM PLANNING COMMISSION (TWO MILE RADIUS) Following discussion, Councilman Torgerson moved to refer to the County with no objection. Motion seconded by Councilman Lenz and unanimously carried. (p) DISCUSSION OF SOUTH GRADE ROAD (HUTCHINSON MALL) FEASIBILITY REPORT BY TKDA Following discussion of the TKDA Feasibility Report on the South Grade Road improvement project, Councilman Mlinar moved to order the engineer's report for the March 9, 1993 Council meeting. Motion seconded by Councilman Torgerson and unanimously carried. 0 CITY COUNCIL MINUTES - FEBRUARY 23, 1993 (q) CONSIDERATION OF AUTHORIZATION TO ISSUE SETTLEMENT DRAFT WITH DISTRICT COURT REGARDING JUNKER SANITARY SERVICES LITIGATION Following discussion, Councilman Torgerson moved to approve deposit of the necessary funds with the District Court as determined by legal counsel and to waive reading and adopt Resolution No. 9899. Motion seconded by Councilman Mlinar and unanimously carried. (r) CONSIDERATION OF RETAINING MARSHALL & ASSOCIATES FOR COMPLETION OF SECOND LITIGATION WITH JUNKER SANITARY SERVICES, INC. Following discussion, Councilman Erickson moved to approve retaining Marshall & Associates. Motion seconded by Councilman Torgerson and unanimously carried. (s) CONSIDERATION OF VALUATION REPORT ON THEONE SHEPPARD RESIDENCE LOCATED AT 15 FRANKLIN STREET N. Following discussion of the 90 -day purchase option, it was the consensus of the Council that the City Attorney would contact Ross Sheppard and the City Administrator would mail letters to the merchants in the area regarding interest in off-street parking. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated the composting bags which were subsidized by the County were not decomposing as fast as desired and were breaking down into white chips. With the recommendation of the County and City Forester to replace the bags with a Kraft paper bag, the City will be going to a paper bag system. The bags will sell for $1.00 each. Following discussion, Councilman Mlinar moved to approve the paper bag for a sale price of $1.00 each. Motion seconded by Councilman Lenz and unanimously carried. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the request of Jack William Rivers to seek commutation of his sentence at Stillwater State Prison in c..)nnection with the shooting of Police Officer Mike Hogan. He recommended the Council 7 CITY COUNCIL MINUTES - FEBRUARY 23, 1993 adopt a Resolution to be sent to the Minnesota Board of Pardons opposing Rivers being granted early release. Councilman Mlinar moved to waive reading and adopt Reso- lution No. 9900 opposing the release of Jack William Rivers from incarceration. Motion seconded by Council- man Torgerson and unanimously carried. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson asked about the status of the Country Club Terrace issue. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the City had no jurisdiction at this time over the $1.00 per month rate increase to subscribers by the local cable television. The City will be able to regulate cable TV rates after April 4, 1993. He suggested subscribers contact the local cable TV office or send a letter to the Cable TV Advisory Board. The City Attorney presented an update on the internal investigation of the Police Department issue. Since no sufficient evidence indicated a crime was committed, he recommended no action be taken and the matter be closed. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland noted Jay Freedland had contacted Council- man Mlinar and the Mayor regarding the failure of his business relocation venture with the railroad. Mr. Freedland was now interested in Goebel property located west of the elevator. The City Administrator was directed to contact the Farmers Elevator regarding this issue. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, tre meeting adjourned at 9:50 P.M. P