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10-25-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 25, 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 (arrived at 8:00 P.M.), 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 Rev. Harry Kelm. 3. MINUTES The minutes of the regular meeting of October 11, 1988 and special meeting of October 6, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT OF SEPTEMBER 1988 2. NURSING HOME BOARD MINUTES OF SEPTEMBER 22 & OCTOBER 6, 1988 3. PLANNING COMMISSION MINUTES OF SEPTEMBER 20, 1988 4. HRA MINUTES OF SEPTEMBER 20, 1988 5. HOSPITAL BOARD MINUTES OF SEPTEMBER 20, 1988 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to order the report and minutes filed. Motion unanimously carried. PRESENTATION OF PLAQUE OF RECOGNITION Mayor Ackland presented Randy Buboltz with a plaque of recognition for serving on the Airport Commission. 5. PUBLIC HEARING - 8:00 P.M. (a) "ON SALE" INTOXICATING LIQUOR LICENSE FOR THOMAS DOLDER, PARTNERSHIP OF SPANKY'S Mayor Ackland called the hearing to order at 8:38 P.M. by reading the notice of public hearing. No one was present to be heard. Alderman Carls moved to close the hearing at 8:40 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. Alderman Mlinar moved to approve and issue the liquor license. Motion seconded by Alderman Mikulecky and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 1 CITY COUNCIL MINUTES - OCTOBER 25, 1988 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION 10. 8881 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt. Motion unanimously carried. (b) ORDINANCE NO. 26/88 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISIONS NO. 27-31 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 791. Motion unanimous- ly carried. (c) ORDINANCE NO. 27188 - ORDINANCE AMENDING SECTION 710.10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 32 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Carls moved to reject second reading. Motion seconded by Ald- erman Mikulecky. Upon roll call vote, the motion failed three to two, with Aldermen Carls and Mikulecky voting aye and Aldermen Mlinar, Tor- gerson and Mayor Ackland voting nay. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve, waive second reading and adopt Ordinance No. 792. The mo- tion carried three to two with roll call vote of Aldermen Mlinar, Tor- gerson and Mayor Ackland voting aye and Aldermen Carls and Mikulecky voting nay. (d) RESOLUTION NO. 8882 - RESOLUTION GIVING APPROVAL TO CITY MULTI -HAZARD EMERGENCY RESPONSE PLAN The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, and unanimously carried, to table to November 7, 1988 meeting. (e) RESOLUTION NO. 8883 - RESOLUTION FOR PROCLAMATION OF MINNESOTA SUDDEN INFANT DEATH SYNDROME AWARENESS MONTH Alderman Mlinar moved to waive reading and adopt Resolution No. 8883. Motion seconded by Alderman Carls and unanimously carried. (f) RESOLUTION NO. 8884 - RESOLUTION RELEASING AND REPLACING PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to waive reading and adopt Resolution No. 8884. E CITY COUNCIL MINUTES - OCTOBER 25, 1988 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to authorize discontinuation of service, except whereby arrangements had been made, for noon on October 31. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF PARKING ON ONE SIDE OF MERRILL STREET FROM CLINTON AVENUE TO SOUTH GRADE ROAD Following discussion of no parking on Merrill Street, Alderman Torger- son moved to change Section 715:20, Subdivision 19, by adding the word ing "from November 1 to May 1" for no parking on the east side of Mer- rill Street from Clinton Avenue to South Grade Road and to waive first reading of Ordinance No. 28/88 and set second reading November 7, 1988. Motion seconded by Alderman Carls and unanimously carried. (c) WITHDRAWN FROM AGENDA (d) DISCUSSION OF COMMUNITY PUBLIC OPINION SURVEY WITHIN NOVEMBER UTILITY BILL Following discussion of the proposed survey, Alderman Torgerson moved to approve the survey, to include the additional utilities questions, and authorization to proceed as recommended. Motion seconded by Alder- man Carls and unanimously carried. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CARLIE KARG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve the conditional use permit and waive reading and adopt Resolution No. 8885. Motion seconded by Alderman Carls and unanimously carried. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON SCHOOL DISTRICT NO. 423 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve the conditional use permit and waive reading and adopt Resolution No. 8886. Motion seconded by Alderman Torgerson and unanimously carried. (g) CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following lengthy discussion, Alderman Torgerson moved to continue this item to the November 7, 1988 Council meeting. Motion seconded by Ald- erman Carls and unanimously carried. 3 CITY COUNCIL MINUTES - OCTOBER 25, 1988 (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JAY FREEDLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following lengthy discussion, Alderman Torgerson moved to continue this item to the November 7, 1988 Council meeting. Motion seconded by Ald- erman Mlinar and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY ANDERSON FOR DAY CARE ON BLUFF STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Randy Anderson presented a site plan of the proposed day care cen- ter and explained its operation. Mayor Ackland then read a petition from residents in the Bluff Street area who were opposed to the loca- tion of the day care. Several neighbors spoke in opposition of the center because of traffic concerns and additional noise. Following discussion, Alderman Torgerson moved to accept the recommen- dation of the Planning Commission to approve the conditonal use permit and to waive reading and adopt Resolution No. 8889. Motion seconded by Alderman Carls and unanimously carried. (j) CONSIDERATION OF CONDITIONAL USE PERMIT/FUD PLAT FOR COUNTRY CLUB ESTATES NO. 3 REQUESTED BY L & G ENTERPRISES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the condi- tional use permit/PUD and to waive reading and adopt Resolution No. 8890. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE SUBMITTED BY EVERETT HANTGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to approve the extension. Motion seconded by Alderman Torgerson and unanimously carried. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DICK MCCLURE (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to refer the sketch plan to the County with no objection. Motion unan- imously carried. (m) CONSIDERATION OF PURCHASE OF MAMMOGRAPHY UNIT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Torgerson moved to approve the purchase. Lotion seconded by Alderman Carls and unanimously carried. (n) DISCUSSION OF EMPLOYEE CHRISTMAS PARTY H CITY COUNCIL MINUTES - OCTOBER 25, 1988 Following discussion of whether or not the City could pay the employee cost for the Christmas party, Alderman Mikulecky moved to continue past policy. Motion seconded by Alderman Carls and unanimously carried. (o) CONSIDERATION OF PROPOSED FEE FOR EXCAVATION PERMITS The Director of Engineering reported it was now State law to call the "One Call Gopher State Center" regarding excavation information. The center in turn contacts the city involved. The League of Cities and MN/DOT were opposed to the system. Following discussion, Alderman Mlinar moved to approve the excavation permit fee of $5.00. Motion seconded by Alderman Torgerson. The mo- tion was amended by Alderman Carls to direct the City staff to deter- mine the cost of issuance of the permit to the City for time involved and to submit a bill to the State of Minnesota to recover City cost for issuing the permit. Amended motion seconded by Alderman Torgerson and unanimously carried. Main motion carried unanimously. Alderman Carls further moved to go on record by having staff prepare a Resolution to be sent to the League of Minnesota Cities, Coalition of Outstate Cities, State Legislators and other appropriate state offi- cial(s) to express the City's displeasure with the system. Motion seconded by Alderman Torgerson and unanimously carried. (p) CONSIDERATION OF SUPPLEMENTAL AGREEMENTS NO. 6, 7 & 8 FOR LETTING NO. 7 Following discussion, Alderman Mikulecky moved to approve and enter into a supplemental agreement. Motion seconded by Alderman Carls and unanimously carried. (q) CONSIDERATION OF 1988 BUDGET STATUS FOR PROTECTIVE INSPECTIONS DEPARTMENT The Building Official requested appropriation of an additional $3,000 to the Protective Inspections Department's 1988 budget. Following dis- cussion, Alderman Torgerson moved to approve the request. Motion sec- onded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz addressed including a discipline policy and gift policy as part of the City's policy book. It was reported there was a request for temporary parking restriction on Main Street in front of the Republican Headquarters on November 1, 1988 from 7:30 A.M. to 8:30 A.M. for a political rally. Following dis- cussion, Alderman Carls moved to approve the request. Motion seconded by Alderman Mlinar and unanimously carried. 5 CITY COUNCIL MINUTES - OCTOBER 25, 1988 (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the signs on Highway 7 and Bluff Street which were put up during the detour of Main Street but have not been removed since the highway reopened. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky raised a question on the survey item concerning monthly billing for water and sewer. He suggested the people be asked on the survey if they would prefer a monthly billing for water/ sewer/refuse and gas/electric all on one statement. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported that Judge Schmidt had ruled in the City's favor concerning the DeGrote special assessment appeal. Mr. Sam Ulland had contacted the City Attorney with an offer to pay part of his overdue water account and pay the balance over a period of time. It was noted that a motion was set for October 28 to clean out non -conforming trailers at Midwest Trailer Park. No action was taken. The City Attorney requested a closed City Council meeting on October 27 at 6:00 P.M. to discuss pending litigation against Burns Manor Nursing Home by Mr. & Mrs. Hinde. Alderman Mlinar moved to hold a special closed meeting on October 27, 1988 at 6:00 P.M. Motion seconded by Alderman Torgerson and unanimously carried. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated that the Country Club Terrace Trailer Park was ex- periencing water usage problems. The owner had requested relief from the billing on the EPA charge and the sewer use charge. This matter will be discussed at the November 7 Council meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and authorize payments from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. 6