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08-28-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 1990 1. The meeting was called to order at 7:30 P.M. by Vice -Mayor Mlinar. The following were present: Vice -Mayor John Mlinar, Aldermen Craig Lenz, Marlin Torgerson and Don Erickson. Absent: Mayor Paul L. Ackland. Also present: City Adminis- trator Gary D. Plotz, City Engineer John Rodeberg, Finance Director Kenneth B. Merrill and City Attorney G. Barry And- erson. 2. The invocation was given by the Reverend Dan Cloeter. 3. MINUTES The minutes of the regular meeting of August 14, 1990, reconvened meeting of August 16, 1990 and bid opening of August 8, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JULY 1990 2. PLANNING COMMISSION MINUTES - JULY 17, 1990 3. AIRPORT COMMISION MINUTES - AUGUST 13, 1990 4. HOSPITAL BOARD MINUTES - JULY 17, 1990 The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to order the report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF 1989 CITY FINANCIAL STATEMENT AND MANAGEMENT LETTER BY LARRY JACOBSON OF CHARLES BAILLY & CO. Mr. Larry Jacobson presented a report on the City's 1989 audit. CITY COUNCIL MINUTES - AUGUST 28, 1990 (b) DISCUSSION OF PURCHASE OF CITY PROPERTY (PART OF TREE DUMP) BY CENEX Following a report by the City Engineer, a motion was made by Alderman Torgerson to defer to the next meet- ing. Motion seconded by Alderman Lenz and unanimously carried. (c) REVIEW OF DENTAL AND HEALTH INSURANCE BY INSURANCE CONSULTANT MARK FLATEN Consultant Mark Flaten reviewed the City's dental and health insurance. He reported a 7% health increase and no dental increase for 1990. Mr. Flaten also commented on an "opt out plan" for City employees who have cover- age under their spouse's insurance. Following discus- sion, the Council directed Mr. Flaten to prepare a report for the next meeting. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to accept the consultant's recommendation for dental and health in- surance. (d) CONSIDERATION OF REQUEST BY AQUARIA PETS TO CONDUCT SIDEWALK SALE DURING ARTS AND CRAFTS FESTIVAL Following discussion, Alderman Torgerson moved to approve the request. Motion seconded by Alderman Erickson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 90-24 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING SECTION 10 OF THE HUTCHINSON ZONING ORDINANCE BY ADDING THERETO SECTION 10.6 DEALING WITH STANDARDS FOR TEMPORARY LOCATION RECYCLABLE MATERIAL COLLECTION SITES AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive second reading and adopt amended ordinance. -2- CITY COUNCIL MINUTES - AUGUST 28, 1990 (b) ORDINANCE NO. 90-25 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.58, SUBD. 2 SETTING FORTH THE RIGHTS AND RESPONSIBILITIES OF THE HOSPITAL BOARD AND ADDING SUBD. 6 TO SECTION 2.58 SETTING FORTH PROVISIONS FOR HANDLING CHANGE ORDERS AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive second reading and adopt ordinance. (c) RESOLUTION NO. 9315 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9320 - RESOLUTION OF INTENT TO STUDY FEASIBILITY OF CONSOLIDATED COMMUNICATIONS SYSTEM The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9321 - RESOLUTION ESTABLISHING INTENT TO PARTICIPATE IN MULTI -JURISDICTIONAL DRUG TASK FORCE The motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REJECTING PROJECT NO. 90-06, LETTING NO. 5, ILLINOIS AND FLORIDA STREETS Following discussion, Alderman Lenz moved to reject Project No. 90-06, Letting No. 5 (Roll No. 259) and waive reading and adopt Resolution No. 9322. Motion seconded by Alderman Torgerson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Alderman Torgerson moved to dis- -3- CITY COUNCIL MINUTES - AUGUST 28, 1990 continue service unless other arrangements had been made. Motion seconded by Alderman Erickson and unani- mously carried. (b) CONSIDERATION OF SERVICE CONTRACT RENEWAL WITH FISCHER PORTER CO. FOR WASTEWATER TREATMENT FACILITY Following discussion, Alderman Torgerson moved to approve a one year renewal of contract for $2,300. Mo- tion seconded by Alderman Lenz and unanimously carried. (c) CONSIDERATION OF TAX LEVY REVIEW AND SETTING TAX LEVY FOR 1991 Following discussion, Alderman Torgerson moved to ap- prove and waive reading and adopt Resolution No. 9316. Motion seconded by Alderman Lenz and unanimously car- ried. (d) CONSIDERATION OF SETTING TRUTH IN TAXATION PUBLIC HEARING DATE FOR 1991 CITY TAX LEVY Following discussion, Alderman Erickson moved to set the Truth In Taxation public hearing for December 3, 1990 at 7:30 P.M. Motion seconded by Alderman Lenz and unanimously carried. (e) CONSIDERATION OF ENTERING INTO CONTRACT FOR CROW RIVER DAM PHASE III SERVICES WITH BARR ENGINEERING CO. FOR OPERATION AND MAINTENANCE PLAN, HAZARD CLASSIFICATION REDUCTION Following discussion, Alderman Erickson moved to ap- prove and enter into contract with Barr Engineering Co. with project expenses not to exceed $4,900. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF PURCHASE OF PRO PLOW Following discussion, Alderman Erickson moved to bid the pro plow as an option. Motion seconded by Alderman Lenz and unanimously carried. (g) CONSIDERATION OF APPLICATION FOR ON -SALE INTOXICATING LIQUOR LICENSE FOR ARTHUR SAAR, DBA THE COACH Following discussion, Alderman Torgerson moved to set a public hearing for September 11, 1990 at 8:30 P.M. -4- CITY COUNCIL MINUTES - AUGUST 28, 1990 Motion seconded by Alderman Erickson and unanimously carried. (h) CONSIDERATION OF PROPOSAL BY SHORT ELLIOTT HENDRICKSON FOR RENOVATION OF UPPER TWO FLOORS OF HUTCH HOTEL Following discussion, the City Administrator was directed to contact Korngiebel Architects for a pro- posal on a remodeling study for city offices. The motion was made by Alderman Erickson to consider some other options before proceeding with the proposal from Short Elliott Hendrickson. Motion seconded by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARVIN WILLHITE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Erickson and unanimously carried, to approve the conditional use permit and adopt Resolution No. 9317. (j) CONSIDERATION OF VARIANCE REQUESTED BY MARVIN WILLHITE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Erickson moved to reject the variance based on the unfavorable recommendation of Planning Commission and lack of hardship. Motion sec- onded by Alderman Lenz and unanimously carried. (k) CONSIDERATION OF VARIANCE REQUESTED BY OMAR COLLIS, MIKE'S MOBIL STATION, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Lenz moved to approve the variance and adopt Resolution No. 9318. Motion seconded by Alderman Torgerson and unanimously carried. (1) CONSIDERATION OF VARIANCE REQUESTED BY RANDY NORDLING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Lenz moved to approve the variance and adopt Resolution No. 9319. Motion seconded by Alderman Torgerson and unanimously carried. -5- CITY COUNCIL MINUTES - AUGUST 28, 1990 (m) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR PORTABLE BUILDINGS AT HUTCHINSON TECHNICAL COLLEGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson to approve the permit for another year. Mo- tion seconded by Alderman Lenz and unanimously carried. (n) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF LOT SPLIT IN WOODVIEW ACRES REQUESTED BY ROXANNE KOKESH (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unani- mously carried, to refer to the County. (o) CONSIDERATION OF LOT SPLIT IN SANTELMAN'S SECOND ADDITION REQUESTED BY KEN SANTELMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the lot split. (p) CONSIDERATION OF ANNEXATION PROCEEDINGS FOR HUTCHINSON DEVCO (WAL-MART) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Tim Loose, consulting engineer, presented a report on the proposed Wal-Mart project to be erected on Hwy. 15 South and Baltimore Avenue. He stated that 100% of the property owners had signed the annexation petition. Also, Lynn Township and the County Board had approved the recommendation. Following discussion of items of concern, the motion. was made by Alderman Torgerson to approve the annexa- tion and refer it to the State Municipal Board. Motion seconded by Alderman Erickson and unanimously carried. (q) CONSIDERATION OF COMPLETED COMPREHENSIVE PLAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to defer to the next meeting. Motion seconded by Alderman Lenz and unanimously carried. CITY COUNCIL MINUTES - AUGUST 28, 1990 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated that the Council needed to set a date for reviewing the 1991 budget. It was the unanimous consensus of the Council to meet on Sep- tember 10 at 5:00 P.M. Also, it was pointed out that the next Council meeting was on primary election day. Therefore, the meeting time would have to be changed to 8:00 P.M. after the polls closed. The motion was made by Alderman Torger- son, seconded by Alderman Lenz and unanimously carried, to set the Council meeting time for 8:00 P.M. on Sep- tember 11. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported on the Shopko project. He requested Council approval of transactions for prop- erty acquisition, as well as the purchase agreement with Howard and Kristine Haugen, as presented in his letter of August 28, 1990. Following discussion, Alderman Torgerson moved to ac- cept the options as assigned by HCDC and directed the City Attorney to begin closing on the real estate transactions at the appropriate times. Motion seconded by Alderman Erickson and unanimously carried. Alderman Erickson moved to approve the option to pur- chase between HCDC and Ward and Kristine Haugen, with a 12-3/4% interest adjustment factor as set forth in Ex- hibit A to option purchase agreement. Motion seconded by Alderman Lenz and unanimously carried. Attorney Anderson suggested a meeting of the Cable TV Advisory Committee with a representative of Star Cable- vision. Following discussion, Alderman Torgerson moved to adopt Resolution No. 9323 to direct the Cable TV Ad- visory Committee to meet with Star Cablevision and to report back to the City Council and to appoint the HCVN Board of Directors to the Cable TV Advisory Committee. Motion seconded by Alderman Erickson and unanimously carried. (c) COMMUNICATIONS FROM VICE -MAYOR JOHN MLINAR -7- CITY COUNCIL MINUTES - AUGUST 28, 1990 Vice -Mayor Mlinar commented on a stop light at Main Street and First Avenue N.E. for the proposed Shopko site. Engineer Rodeberg reported it would be installed in 1992. Following discussion of the speed limit on Hwy. 7 East, Alderman Torgerson moved to adopt Resolution No. 9324 requesting a speed study on Hwy. 7 East. Motion sec- onded by Alderman Lenz and unanimously carried. Mention was made that Keith Bloomquist had resigned from Dry Dock so interviews for the position will be held tomorrow. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Lenz, seconded by Ald- erman Torgerson and unanimously carried, to approve claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M.