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11-24-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 24, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen John Mlinar, Marlin Torgerson, and Don Erickson. Absent: Ald- erman Craig Lenz. 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 Rev. Harold R. Biederman. 3. MINUTES The minutes of the regular meeting of November 10, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1992 2. PLANNING COMMISSION MINUTES OF OCTOBER 20, 1992 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF OCTOBER 22, 1992 4. HUTCHINSON HOUSING, INC. MINUTES OF OCTOBER 22, 1992 (b) REPORT OF CITY INVESTMENTS (c) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY CHARLES PULKRABEK (d) APPLICATION FOR SNOW REMOVAL PERMIT BY HANSEN GRAVEL INC. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed and to issue permits. 5. PUBLIC HEARING - 8:00 P.M. (a) REVOCATION OF INTOXICATING LIQUOR LICENSE FOR THE FLYER NITE CLUB, MARK GAARDER, OPERATOR/LICENSE HOLDER Mayor Ackland called the hearing to order at 8:00 P.M. CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Mark Gaarder submitted a letter which stated he had not been liable for the liquor license since April 1992 and requested to terminate his liquor license. He also requested a payment refund on the remaining license. Councilman Mlinar moved to close the hearing at 8:10 P.M. Motion seconded by Councilman Erickson and unanimously carried. Following discussion, Councilman Mlinar moved to accept the termination of the liquor license and to authorize issuance of the refund. Motion seconded by Councilman Erickson and unanimously carried. (b) INTOXICATING LIQUOR LICENSE APPLICATION FOR T. L. SCALAWAGS, INC., TOM DOLDER, OWNER AND OPERATOR OF RESTAURANT AND BAR LOCATED AT 1150 HWY. 7 WEST, DBA THE FLYER NITE CLUB Mayor Ackland called the hearing to order at 8:11 P.M. Tom Dolder presented his application for a liquor license. Following discussion, Councilman Mlinar moved to close the hearing at 8:22 P.M. Motion seconded by Councilman Torgerson and unanimously carried. Councilman Mlinar moved to approve and issue an intoxi- cating liquor license. Motion seconded by Councilman Torgerson and carried three to one, with Mayor Ackland voting nay. Following discussion of the interpretation of the word "restaurant" as stated in the City ordinance, Mayor Ack- land appointed Councilman Torgerson, Administrator Plotz, and Police Chief Madson to meet with the City Attorney to review Section 5.01 of the Municipal Code Book. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF MINNESOTA SHADE TREE ADVISORY COMMITTEE OUTSTANDING VOLUNTEER PROJECT AWARD Dr. Virgil Voigt presented a plaque to the City Council for recognition of outstanding volunteerism within the community in 1991. (b) DISCUSSION OF CITY FEES FOR USE OF DOG/CAT POUND AT CROW RIVER VETERINARY CLINIC 4 CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Dr. Virgil Voigt stated that since 1976 his veterinary clinic had charged a dog/cat pound fee of $4 per day. He requested the fee be increased to $6 per day. Following discussion, Councilman Torgerson moved to approve the $6 per day fee increase. Motion seconded by Councilman Mlinar and unanimously carried. (c) DISCUSSION OF PROPOSED REDUCTION IN HOURS FOR FIRE MARSHALL POSITION Attorney Pete Kasal, representing the Fire Marshall, stated George Field was with the Hutchinson Fire Depart- ment for 29 years and Fire Marshall for 14 years. His responsibilities included enforcing the fire code. Attorney Kasal questioned who would assume the deleted duties and why the position was reduced to one-half time when the city and Fire Marshall duties had both grown in the past few years. Kasal was not convinced volunteers would assume additional duties or be trained or capable of assuming them. He further stated the State Fire Mar- shall's office was no substitute for a local Fire Mar- shall. Kasal also wondered why the Fire Marshall's position was the only one being considered for cuts, especially when there was consideration of adding staff. Fire Chief Brad Emans reviewed the present and proposed job descriptions for the Fire Marshall. He stated it had been reduced from 22 to 8 responsibilities. He felt there was duplication of service, and the State Fire Mar- shall provided service. Although it was the building department's job to review plan checks, the Fire Depart- ment would have input. It was the opinion of the Fire Department officers that the City would not suffer from the position being cut to one-half time. A handout prepared by the Official was distributed. Tt ing additions and omissions description. City Engineer and Building ey expressed concern regard - in the Fire Marshall's job Following discussion, Mayor Ackland appointed Councilmen John Mlinar and Craig Lenz to meet with Fire Department representatives, the Fire Marshall, Attorney Pete Kasal, City Attorney Barry Anderson, and other staff to review the Fire Marshall position. This item will be on the December 8, 1992, Council agenda. CITY COUNCIL MINUTES - NOVEMBER 24, 1992 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-73 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (HUTCHINSON TECHNOLOGY, INC.) The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive first reading and set second reading for December 8, 1992. (b) RESOLUTION NO. 9843 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt revised Resolution. (c) RESOLUTION NO. 9844 - RESOLUTION ADOPTING MISCELLANEOUS ASSESSMENT ROLL NO. 282-A The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (d) RESOLUTION NO. 9845 - TRANSFERRING $55,000 FROM LIQUOR FUND TO GENERAL FUND The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9846 - TRANSFERRING FUNDS FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND, 1985 TAX INCREMENT DEBT SERVICE FUND, AND 1990B TAX INCREMENT DEBT SERVICE FUND The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9847 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN INSTITUTION The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 4 CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Finance Director Merrill requested authorization to invest up to $400,000 in treasury notes and/or Ginnie Maes. The money invested would come from the general fund and other regular funds to obtain a better inter- est rate. Councilman Mlinar moved to approve investing up to $400,000. Motion seconded by Councilman Erickson and unanimously carried. (g) RESOLUTION NO. 9848 - RESOLUTION ADOPTING MISCELLANEOUS ASSESSMENT ROLL NO. 282-B The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF UPDATED WATER/SEWER BILLINGS FOR COUNTRY CLUB TERRACE MOBILE HOME PARK (DEFERRED OCT. 27, 1992) Following discussion of the alleged agreement with Hutch, Inc., it was the consensus of the Council that the City had no signed contract from Bill Block. Also, Mr. Block was not in compliance with the proposed contract. There was discussion regarding Country Club Terrace rent- ers being overcharged for water. Mr. Block paid the City 40 cents a gallon for 1,000 gallons and sold it to the mobile home park residents for $1.10. Following discussion, Councilman Torgerson moved to stand by the decision made on December 10, 1991, and to base the sanitary sewer charges on the master meter. Motion seconded by Councilman Erickson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Councilman Torgerson moved to approve discontinuation of service at noon on November 30, 1992, unless other arrangements were made. Motion seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF HUTCHINSON AMBASSADORS DONATION OF THREE HUTCHINSON SIGNS TO CITY OF HUTCHINSON k, CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Following discussion, Councilman Erickson moved to approve donation. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF PARK BOARD RECOMMENDATION REGARDING COBORN'S INC. PARKLAND DEDICATION FEE Following discussion, Councilman Mlinar moved to approve a $6,862.50 contribution. Motion seconded by Councilman Torgerson and unanimously carried. (d) CONSIDERATION OF SETTLEMENT AGREEMENT/RELEASE REGARDING LITIGATION BETWEEN MARCEL PROULX VS. KOELLN VS. CITY OF HUTCHINSON Following discussion, Councilman Torgerson moved to approve and enter into agreement. Motion seconded by Councilman Erickson and unanimously carried. (e) CONSIDERATION OF 1993 ASSESSMENT AGREEMENT BETWEEN MCLEOD COUNTY AND CITY OF HUTCHINSON Following discussion, Councilman Erickson moved to approve and enter into agreement. Motion seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF MUNICIPAL LIQUOR STORE ITEMS Following discussion, Councilman Erickson moved to approve the items, with exception of painting interior walls and possibly the backroom double doors. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF ROUTE ALTERNATIVES FOR SNOWMOBILE TRAIL Director Dolf Moon presented three alternative snowmobile routes. Following discussion, Councilman Mlinar moved to approve option No. 1 for trail. Motion seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF INSTALLING DRAIN TILE ON AIRPORT PROPERTY Engineer Rodeberg reported on the drain tile. The County will do the installation. Following discussion, Councilman Torgerson moved to 2 CITY COUNCIL MINUTES - NOVEMBER 24, 1992 approve. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF CHANGES TO ASSESSMENT POLICY FOR 1993 IMPROVEMENT PROJECTS Following discussion, Councilman Erickson moved to approve. Motion seconded by Councilman Torgerson and unanimously carried. (j) CONSIDERATION OF ENTERING INTO CONTRACT WITH WOLD ARCHITECTS FOR PROPOSED NEW CITY HALL Following discussion, Councilman Torgerson moved to approve and enter into contract, with elimination of No. 12.1, landscaping design service for $3,000, from the contract. Motion seconded by Councilman Mlinar and unanimously carried. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE LOCATED ON FOURTH AVENUE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve with stipulations of Planning Commission and to waive reading and adopt Resolution No. 9842. Motion seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ROXANNE KOKESH (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer to County with no objection subject to staff recommendations approved by Planning Commission. Motion seconded by Councilman Erickson and unanimously carried. (m) CONSIDERATION OF FINAL PLAT OF ACME ACRES SUBMITTED BY MIKE ROSE (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer to County with no objection subject to Planning Commission stipulations. Motion seconded by Councilman Erickson and unanimously carried. (n) URBAN EXPANSION BOUNDARY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 7 CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Following discussion, Councilman Erickson moved to approve the drawing as a guideline for future planning. Motion seconded by Councilman Torgerson and unanimously carried. (o) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY DORIN ADAMS (TWO MILE RADIUS --LYNN TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve. Motion seconded by Councilman Erickson and unanimously carried. (p) CONSIDERATION OF DESIGNATED OVERNIGHT PARKING AREA IN MUNICIPAL PARKING LOT During discussion, it was recommended to move the designated area to the south end of the City lot. Coun- cilman Erickson moved to approve. Motion seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF PAYMENT TO HUTCHINSON TELEPHONE COMPANY FOR UNDERGROUND TELEPHONE CABLE AT PHASE II DEVELOPMENT SITE Administrator Plotz reported the City's cost for reloca- tion of the underground telephone cable would be $12,079.33. Following discussion, Councilman Erickson moved to approve payment. Motion seconded by Councilman Mlinar and unanimously carried. (r) CONSIDERATION OF FLIGHT SCHOOL AT HUTCHINSON MUNICIPAL AIRPORT --BUTLER FIELD Attorney Anderson stated the flight school operator must provide liability insurance. The school would be regu- lated by FAA. The City should adopt an Ordinance at a later date. Following discussion, Councilman Mlinar moved to approve. Motion seconded by Councilman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY 8 CITY COUNCIL MINUTES - NOVEMBER 24, 1992 Attorney Anderson presented a Release of Easement for property owned by Timothy J. Haas and Jean M. Haas, Lot Eight in Block Two of Selchow-Jorgenson Subdivision. Following discussion, Councilman Mlinar moved to approve and sign easement. Motion seconded by Councilman Tor- gerson and unanimously carried. (b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on the soil excavation for Phase II and stated the testing was one-third of the total cost. He questioned who should pay the cost. Following discussion, Councilman Torgerson moved to approve payment of items No. 2-6 and to obtain an item- ization on No. 1. Motion seconded by Councilman Mlinar and unanimously carried. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 P.M. 9