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08-23-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 23, 1988 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Gerrit Molenaar, Jr. 3. MINUTES The minutes of the regular meeting of August 9, 1988, Board of Review of August 9, 1988 and bid opening of August 5, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JULY 1988 2. PLANNING COMMISSION MINUTES OF JULY 19, 1988 3. POLICE CIVIL SERVICE COMMISSION MINUTES OF AUGUST 10, 1988 4. HOSPITAL BOARD MINUTES OF MAY 17, JUNE 21 & JULY 19, 1988 5. TREE BOARD MINUTES OF JUNE 29, 1988 The motion was made by Alderman Mlinar, seconded by Alderman Carls, to order the report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY MN/DOT OF PRELIMINARY LAYOUT FOR T.H. 15 IMPROVEMENT CONSTRUCTION IN 1990 Gene Setrum and Jon Henslin, MN/DOT Willmar District Office, presented the proposed improvement for T.H. 15. The contract letting would be January of 1990. It was also mentioned that future proposed projects include traffic signals on Bluff Street, T.H. 22, and T.H. 7 East. It was the consensus of the Council to hold a public hearing on the project prior to adopting the Resolution. Alderman Carls moved to set a public hearing for September 27, 1988 at 8:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Mr. Henslin reported that MN/DOT was in receipt of Resolution No. 8851 CITY COUNCIL MINUTES - AUGUST 23, 1988 requesting additional funding for tree replacement along Main Street. They had allocated $4,000 for landscape work in Hutchinson, but he was doubtful any increased funding would be granted. Mayor Ackland pointed out that additional trees had been removed within the last couple of weeks which were not previously approved. MN/DOT stated they would check into the matter. (b) CONSIDERATION OF REQUEST FOR STREET LIGHTING ON CAMPBELL LANE Following discussion, Alderman Torgerson moved to approve the street lighting and refer the request to Hutchinson Utilities. Motion sec- onded by Alderman Carls and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 20/88 - AN ORDINANCE APPROVING AND REGULATING THE SALE OF LIQUOR BY WAY OF SET-UP LICENSE Alderman Carls moved to waive first reading and set second reading for September 13, 1988. Motion seconded by Alderman Mlinar. Attorney Anderson reported he wanted to add a lapse provision clause and change the misdemeanor status in the ordinance. Alderman Torgerson moved to approve the amended copy. Alderman Carls seconded the motion and amendment unanimously carried. Main motion unanimously carried. (b) ORDINANCE NO. 21/88 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive second reading and adopt Ordinance No. 786. Motion unanimous- ly carried. (c) RESOLUTION NO. 8854 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8854. Motion seconded by Alderman Mikulecky and unanimously carried. (d) RESOLUTION 10. 8855 - RESOLUTION TO ENDORSE AND SUPPORT EFFORTS TO CO -HOST 1991 STATE AMATEUR BASEBALL TOURNAMENT Alderman Carls moved to waive reading and adopt Resolution No. 8855. Motion seconded by Alderman Mikulecky and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WAGNER DEVELOPMENT CORPORATION PLAT (DEFERRED AUGUST 9, 1988) 2 CITY COUNCIL MINUTES - AUGUST 23, 1988 Following discussion, the motion was made by Alderman Mikulecky to ap- prove the subdivision agreement for Wagner Development Corporation Plat wlt� two Aiuor charges, Notion seconded by Alderman Carla and unani- mously carried. (b) CONSIDERATION OF REPORT ON DEFERRING ASSESSMENTS ON SANTELMAN'S ADDITION (DEFERRED JULY 26, 1988) The City Attorney stated the City was not in a strong position to acti- vate Santelman's assessments and should, therefore, uphold the deferred assessments. The road would not provide any benefit to the property owner. He further reported that Ken Santelman would be willing to sign a revised subdivision agreement which would eliminate future misunder- standings. Following discussion, Alderman Carla moved to authorize the City Attor- ney to prepare a revised subdivision agreement for the September 13, 1988 City Council meeting. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Mikulecky moved to discontinue service on Monday, August 29, at noon unless other arrangements had been made. Motion seconded by Alderman Carla and unanimously carried. (b) CONSIDERATION OF AWARDING CONTRACT FOR GROUP HEALTH AND LIFE INSURANCE AND LONG-TERM DISABILITY City Administrator Plotz reported on the insurance and long-term dis- ability bids received today. Due to their complexity, the insurance consultant, Mark Flaten, would like more time to review them. There- fore, it was suggested to hold a special meeting for this purpose. Alderman Mlinar moved to hold a special meeting on Monday, August 29, 1988 at 8:00 P.M. Motion seconded by Alderman Mikulecky and unanimous- ly carried. (c) CONSIDERATION OF PARKING RESTRICTIONS ON BRADFORD STREET Following discussion, Alderman Carla moved to refer to the Police De- partment for a recommendation. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF MECHANICAL SYSTEM AT RECREATION CENTER Following discussion, Alderman Carla moved to approve the repair work at the recreation facility by Allied Mechanical Systems at a cost of $1,130, then if the problem is not resolved, the City will pursue court' 3 CITY COUNCIL MINUTES - AUGUST 23, 1988 action. Motion seconded by Alderman Torgerson and unanimously car- ried. (e) CONSIDERATION OF REACTIVATING ASSESSMENT FOR JOHN RYDNING ON ASSESSMENT ROLL NO. 244 Following discussion, Alderman Carls moved to approve reactivation of assessment. Motion seconded by Alderman Mlinar and unanimously car- ried. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LOWELL BAUMETZ, MODERN MAZDA, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- tional use permit and waive reading and adopt Resolution No. 8852. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOHN MILLER FOR CONSTRUCTION OF CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8853. Motion seconded by Alderman Mikulecky. Alderman Torgerson amended the motion to include all the stipulations set forth by City staff in a memoran- dum to the Planning Commission dated August 1, 1988. Amended motion seconded by Alderman Carls and unanimously carried. Main motion car- ried unanimously. (h) CONSIDERATION OF VARIANCE REQUESTED BY MICHAEL SCHMIDT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Michael Schmidt, 512 Lynn Road, reviewed the reasons why he needed a variance for a side yard setback to construct a garage. However, there was no proof of hardship. Following discussion, Alderman Mlinar moved to uphold the recommenda- tion of the Planning Commission to deny the variance. Motion seconded, by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF FINAL PLAT OF WOODVIEW ACRES SECOND SUBDIVISION SUBMITTED BY JOEL VINKEMIER (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to refer to the County with no objection with the stipulation that City staff recommendations, be considered by the developer and County. Motion seconded by Alder- man Mlinar and unanimously carried. (j) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WOODVIEW ACRES SECOND SUBDIVISION 4 CITY COUNCIL MINUTES - AUGUST 23, 1988 Following discussion, Alderman Torgerson moved to approve the subdi- vision agreement. Notion seconded by Alderman Mikulecky and unani- mously carried. (k) CONSIDERATION OF HIRING THREE PART -TIDE EMPLOYEES IN POLICE DEPARTMENT Following discussion, Alderman Torgerson moved to approve. Motion sec- onded by Alderman Mlinar and unanimously carried. (1) CONSIDERATION OF PROPOSED REMODELING PLAN FOR LIQUOR STORE Alderman Torgerson moved to defer. Notion seconded by Alderman Miku- lecky and unanimously carried. (m) CONSIDERATION OF REQUEST BY HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE IRRIGATION AND ASPIRATION MACHINE Alderman Carls moved to approve the purchase. Notion seconded by Ald- erman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) City Administrator Plotz reported on a meeting with the school concern- ing tennis courts. A consultant inspected the site and did a recommen- dation on costs and alternatives. The reconstruction of eight courts will cost about $75,000. Also, they discussed the condition of the ice mats at the civic arena. During discussion, it was suggested to get an estimate for 10 tennis courts, with the two additional courts to be at another location. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls commented on a complaint about noise and loud music at the fair grounds during the county fair. He suggested the City Admin— istrator write a letter to the Fair Board regarding the noise late into the evening by the band and carnival. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated there was another complaint about the weeds on the Klockmann lot at Fourth Avenue S.W. (d) COMMUNICATIONS FROM ALDERMAN MIKULECKY Alderman Mikulecky suggested a buzzer on the front door at the police station so the dispatchers would know when someone was in the lobby. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson requested a closed meeting prior to the Septem ber 13, 1988 Council meeting to discuss the airport situation and the 1 5 CITY COUNCIL MINUTES - AUGUST 23, 1988 Elmer Sturges ditch problem. Alderman Mlinar moved to hold a closed meeting September 13, 1988 at 6:30 P.M. Motion seconded by Alderman Torgerson and unanimously car- ried. Alderman Carls moved to change the November 8, 1988 Council meeting to Monday, November 7, due to elections. Motion seconded by Alderman Mlinar and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. R