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10-27-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 27, 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 Craig Lenz, Marlin Torgerson, and Don Erickson (8:55 P.M.). Absent: Councilman John Mlinar. Also present: City Adminis- trator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by Mr. Paul Berg. 3. MINUTES The minutes of the regular meeting of October 13, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 2. HRA MINUTES OF SEPTEMBER 15, 1992 3. AIRPORT COMMISSION MINUTES OF SEPTEMBER 28, 1992 4. PLANNING COMMISSION MINUTES OF SEPTEMBER 15, 1992 5. TREE BOARD MINUTES OF AUGUST 19, 1992 AND SEPTEMBER 23, 1992 6. LIBRARY BOARD MINUTES OF OCTOBER 20, 1992 7. SENIOR ADVISORY BOARD MINUTES OF SEPTEMBER 10, 1992 (b) REPORT OF CITY INVESTMENTS (c) APPLICATION FOR SNOW REMOVAL PERMITS 1. GENE BETKER 2. STEVE REINER (d) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY CYNTHIA J. BEADELL N CITY COUNCIL MINUTES - OCTOBER 27, 1992 (e) APPOINTMENT OF ARTS GUILD AD HOC COMMITTEE 1. GARY D. PLOTZ 2. BERNARD SCHULTE 3. BRIAN BROSZ 4. MARY ANN KASICH (f) APPOINTMENT OF HANDICAP ACCESS COMMITTEE 1. DONALD TODNEM 4. STEVE MADSON 2. SCOTT JOHNSON 5. JOHN RODEBERG 3. JIM MARKA (g) APPOINTMENT OF REGIONAL LIBRARY REVIEW COMMITTEE 1. PAUL ACKLAND 4. MARY HENKE 2. GARY D. PLOTZ 5. ROY M. JOHNSEN 3. BILL SCHERER (h) APPOINTMENT OF DAVE SKAAR TO AIRPORT COMMISSION The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to order the reports and minutes filed, to issue permits, and to ratify appointments. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE MUNICIPAL PARKING LOT LOCATED BEHIND NEMITZ BUILDING FOR WESLEY'S PHARMACY LIQUIDATION AUCTION ON NOVEMBER 14, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve request. (b) DISCUSSION OF REFUSE BILLING BY DON TODNEM Don Todnem stated he did not think he should be billed for refuse service in the July -September quarter when he was in the process of remodeling the house prior to moving in. City staff was to review the issue. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9832 - RESOLUTION FOR PURCHASE 2 CITY COUNCIL MINUTES - OCTOBER 27, 1992 The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive read- ing and adopt. (b) RESOLUTION NO. 9833 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive read- ing and adopt. (c) RESOLUTION NO. 9834 - RESOLUTION TO APPROPRIATE UNCLAIMED PROPERTY The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (d) ORDINANCE NO. 92-63 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, REPEALING PRESENT CITY CODE SECTION 8.09, AND ENACTING REVISED SECTION 8.09 ENTITLED "SNOWMOBILES" AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Torgerson, seconded by Councilman Lenz, to waive second reading and adopt. Fol- lowing discussion, Councilman Torgerson amended the motion to table to the end of the meeting for corrected wordage on Subd. 2-D from the City Attorney. Amended motion seconded by Councilman Lenz and unanimously carried. At the end of the meeting, Councilman Torgerson moved to waive second reading of the amended ordinance and adopt. Motion seconded by Councilman Erickson and unanimously carried. (e) ORDINANCE NO. 92-64 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL ESTATE AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive second reading and adopt. 3 CITY COUNCIL MINUTES - OCTOBER 27, 1992 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MAC'S BLUFF ASSESSMENT AGREEMENT WITH GARY HASSE OF BETTER BUILT HOMES (DEFERRED OCT. 13, 1992) Following discussion, Councilman Torgerson moved to approve and enter into agreement. Motion seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to authorize discontinuation of service on November 2 at noon unless other arrangements were made. (b) CONSIDERATION OF ESTABLISHING A DRUG FORFEITURE FUND Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9835. Councilman Torgerson moved to approve authorizing the four proposed projects be done. Motion seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF NEGOTIATING CONTRACT WITH ARCHITECTURAL CONSULTANT FOR PROPOSED CITY HALL Engineer Rodeberg recommended proceeding through the first phase of the project and selecting a consultant at the next Council meeting. Following discussion, Councilman Lenz moved to table to the next meeting. Motion seconded by Councilman Torger- son and unanimously carried. (d) CONSIDERATION OF SEPTEMBER 30, 1992, QUARTERLY MONITORING REPORT FOR PHASE I ENVIRONMENTAL ISSUES Following discussion, Councilman Torgerson moved to approve the report and to have it filed with the Minnesota Pollution Control Agency. Motion seconded by Councilman Lenz and unanimously carried. 4 CITY COUNCIL MINUTES - OCTOBER 27, 1992 (e) DISCUSSION OF CITY SIDEWALK POLICY BY STEVE AND BRAD WICK This item was tabled indefinitely. (f) DISCUSSION OF CABLE FRANCHISE RENEWAL PROCESS FOR MIDWEST CABLEVISION City Attorney Anderson reported it was necessary to discuss with Midwest Cablevision the renewal of the cable franchise which expires in 1994. Mayor Ackland stated he would appoint a committee at the November 10 Council meeting. (g) DISCUSSION OF ASSESSMENT POLICY TABLE Following discussion, no action was taken. (h) CONSIDERATION OF 1992 AUDIT BY CHARLES BAILLY & CO. Following discussion, Councilman Torgerson moved to approve the 1992 audit by Charles Bailly & Co. Motion seconded by Councilman Lenz and unanimously carried. (i) CONSIDERATION OF APPLICATIONS FOR SENIOR CITIZENS REDUCED GARBAGE RATES Following discussion, Councilman Lenz moved to approve the reduced rates. Motion seconded by Councilman Torger- son and unanimously carried. (j) CONSIDERATION OF 1992 ADMINISTRATION AND ENGINEERING FEES Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9836. (k) CONSIDERATION OF FEDERAL DISASTER FUNDS No action was required. (1) DISCUSSION OF APPOINTMENT OF CITY OF HUTCHINSON AS ADMINISTRATOR FOR RENTAL COLLECTION AT COUNTRY CLUB TERRACE Attorney Anderson updated the Council on the issue. The Building Official had prepared a punch list of items to be completed in the storm shelter. The Council granted 5 CITY COUNCIL MINUTES - OCTOBER 27, 1992 two weeks for compliance with the punch list. Mr. Bill Block reported the shelter was up but not 100 percent completed, although it had been used. He also stated he intended to keep the building locked to prevent vandalism. The trailer court manager would have a key to open the shelter for access during a storm. Councilman Torgerson moved that the City Council adopt Resolution No. 9837 authorizing service of the order to take effect no earlier than the day following the next scheduled City Council meeting. Motion seconded by Coun- cilman Lenz and unanimously carried. Mr. Block addressed a water/sewer billing issue for the Country Club Terrace. This item will be on the agenda for the November 10, 1992, Council meeting. (m) CONSIDERATION OF APPLICATION FOR PEDDLERS/SOLICITORS LICENSE BY WALTER SHRADER Following discussion, Councilman Lenz moved to approve and issue the license. Motion seconded by Councilman Torgerson and unanimously carried. (n) CONSIDERATION OF REZONING FROM I/C TO R-2 REQUESTED BY LOUIS KING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive first reading of Ordinance No. 92-69 and set second reading for November 10, 1992. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY GEORGE LEE FOR CONSTRUCTION OF 30' X 36' POLE BUILDING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9827. (p) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464 REGARDING BANNER SIGNS REQUESTED BY DOWNTOWN REVIEW COMMITTEE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION C1 CITY COUNCIL MINUTES - OCTOBER 27, 1992 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive first reading of Ordinance No. 92-70 and set second reading for November 10, 1992. (q) CONSIDERATION OF VARIANCE REQUESTED BY ROBERT GRAMBOW FOR DRIVEWAY SETBACK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Resolution No. 9828. (r) CONSIDERATION OF REZONING FROM I-1 TO I-2 REQUESTED BY CITY STAFF IN HUTCHINSON INDUSTRIAL DISTRICT AND FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive first reading of Ordinance No. 92-71 and set second reading for November 10, 1992. (s) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LINDER BUS CO. TO CONSTRUCT BUS WAREHOUSE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Resolution No. 9829. (t) CONSIDERATION OF UTILITY EASEMENT VACATION FOR BUS WAREHOUSE CONSTRUCTION IN FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT REQUESTED BY LINDER BUS CO. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive first reading of Ordinance No. 92-72 and set second reading for November 10, 1992. (u) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE GARAGE REQUESTED BY ROBERT SANDSTEDE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 7 CITY COUNCIL MINUTES - OCTOBER 27, 1992 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Resolution No. 9830. (v) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 52' X 72' METAL BUILDING ADDITION REQUESTED BY ROGER STEARNS, STEARNSWOOD INC., WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and to waive reading and adopt Resolution No. 9831. (w) CONSIDERATION OF FINAL PLAT OF HUEBERT'S SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to refer to County with no objection. (x) CONSIDERATION OF FINAL PLAT OF HUEBERT'S SECOND SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS-- ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to refer to the County with no objection. (y) CONSIDERATION OF PRELIMINARY PLAT OF ACME ACRES SUBMITTED BY MIKE ROSE (TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to refer to County with no objection. (z) CONSIDERATION OF VARIANCE REQUESTED BY STEVE FANGMEIER (TWO MILE RADIUS--HUTCHINSON TOWNSHIP) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to refer to County with objection. 8 CITY COUNCIL MINUTES - OCTOBER 27, 1992 (aa) REVIEW OF URBAN EXPANSION MAP SUBMITTED BY MCLEOD COUNTY Administrator Plotz commented on the urban expansion map presented to the City. It will be revised and reviewed by the Council prior to being submitted to the County. (bb) CONSIDERATION OF PROJECT IMPROVEMENT DEADLINES SUBMITTED BY CITY ENGINEER Engineer complete schedule meeting. 10. MISCELLANEOUS Rodeberg commented on deadlines necessary to improvement projects. He will prepare a in Resolution format for the next Council (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on a tour he and the Mayor made of various liquor stores. The Mayor and Councilman Erickson also visited liquor stores and grocery stores. He stated the City needed to finalize its liquor store interior design soon. It was reported the Mayor and Mr. Plotz recently attended a composting seminar. The City would like to encourage on-site backyard composting as well as a City composting site. The County will provide funding for an educational program on composting. The City Administrator made reference to the City Attor- ney's letter regarding liquor licenses. A discussion on The Flyer's liquor license followed concerning the ordi- nance requirement of restaurant service. Councilman Torgerson moved to hold a public hearing on November 24, 1992, to revoke The Flyer's intoxicating liquor license and to authorize the City Attorney to issue the appropriate notice to the license holder/prop- erty owner. Motion seconded by Councilman Erickson and unanimously carried. Administrator Plotz commented on the Hormel issue dis- cussed at the last Planning Commission meeting. A petition was submitted in protest of the proposed improvement and present location. It was determined the City staff should have the MPCA review the Hormel facility to determine if it was in compliance. 7 CITY COUNCIL MINUTES - OCTOBER 27, 1992 (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz inquired about the booms across the Crow River. It was Councilman Lenz's suggestion to send a thank you from the City Council to the various departments who had performed commendable work in shutting off the natural gas meters over the weekend. The motion was made by Councilman Torgerson to send a thank you from the City Council to the Fire Department, support staff, visiting utilities workers, and Police Department for the commendable work performed in shutting off the City gas meters. Motion seconded by Councilman Erickson and unanimously carried. An inquiry was made regarding the status of the appraisal for the property next to Shopko. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg recommended approval of the supple- mental agreement No. 1 for Letting No. 7, Hutchinson Downtown Redevelopment, Phase II. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the supplemental agreement. The City Engineer reported a telephone conversation with Philip Plaisance concerning beavers blocking the ditch by the airport and causing backup. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 P.M. 10