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07-28-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 28, 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, John Mlinar, and Don Erickson. Absent: Councilman Marlin Torgerson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION No one was present to give the invocation. 3. MINUTES The minutes of the regular meeting of June 23, 1992 and July 14, 1992 and bid openings of July 20, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF MAY 19, 1992 & JUNE 16, 1992 (b) REPORT OF CITY INVESTMENTS (c) SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CHURCH FALL FESTIVAL The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to order the report and minutes filed and to issue the license. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 277, LETTING NO. 4, PROJECT 92-07 (FIRST AVENUE NE) Mayor Ackland called the public hearing to order at 8:25 P.M. and read Republication No. 4402. Engineer Rodeberg reported only two properties would be assessed; namely, Shopko and Simonson Lumber Co. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously car- ried, to close the hearing at 8:30 P.M. N CITY COUNCIL MINUTES - JULY 28, 1992 Councilman Erickson moved to approve and adopt assessment roll No. 277 and to waive reading and adopt Resolution No. 9771. Motion seconded by Councilman Mlinar and unan- imously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE PRESENTATION ON PIONEERLAND LIBRARY SYSTEM AND BUDGET ITEMS Director John Houlahan presented a report on the Pioneer - land Library System and its 1992 budget. (b) CONSIDERATION OF REQUEST TO BEGIN SEARCH FOR ARCHITECTURAL CONSULTANT FOR REMODELED CITY HALL AT MORE -4 SITE During discussion it was suggested to seek an archi- tectural consultant through a selection process or negotiate a price with Short, Elliott and Hendrickson since the firm did a previous study on City Hall. Councilman Mlinar moved to approve a selection process with a maximum of five firms. Motion seconded by Coun- cilman Lenz and unanimously carried. (c) DISCUSSION OF DEFERRED ASSESSMENTS FOR BEELER/ANDERSON PROPERTY Engineer Rodeberg commented on the background of this issue and recommended retaining the past agreement. No action was taken. (d) DISCUSSION ON NEW LIQUOR STORE LAYOUT Following discussion of the proposed layout, Councilman Mlinar moved to accept the recommendation of Grinstead & Associates regarding the liquor store layout for 6,255 square feet, contingent upon MN/DOT approval. Motion seconded by Councilman Lenz and unanimously carried. (e) PETITION FOR SUNDAY LIQUOR REFERENDUM City Attorney Anderson stated there were inconsistencies on the petitions submitted, and he would need to review the petitions. 2 Following discussion, Councilman Mlinar moved to hold a special meeting at noon on August 4, 1992. Motion sec- onded by Councilman Erickson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9767 - RESOLUTION FOR PURCHASE The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) DISCUSSION OF HIRING PROCEDURE FOR HCDC EXECUTIVE DIRECTOR BY PRESIDENT JAMES BULLARD/HCDC BOARD President James Bullard and Board Member Carol Haukos reviewed the hiring procedure for a HCDC Executive Direc- tor. It was their recommendation for the Council to: (1) approve the HCDC interim appointment of Robert Kennebeck, with administrative assistance, to be effective August 1, 1992, until year-end; (2) establish time frames for a task force to accomplish specific goals; and (3) name a selection committee to recruit necessary personnel. Following discussion, Councilman Erickson moved to accept the recommendations of the HCDC Board. Motion seconded by Councilman Mlinar and unanimously carried. (b) DISCUSSION OF USE OF MUNICIPAL PARKING LOT FOR ARTS AND CRAFTS FESTIVAL (DEFERRED JULY 14, 1992) It was reported the municipal parking lot located behind the State Theater would be made available for exhibitors to park their vehicles overnight, if necessary. Councilman Erickson moved to approve use of the parking lot. Motion seconded by Councilman Mlinar and unanimous- ly carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried, to authorize discontinuation of service at noon on August 3 unless other arrangements were made. (b) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 11, PROJECT NO. 92-17 (CROW RIVER PEDESTRIAN BRIDGE) CITY COUNCIL MINUTES - JULY 28, 1992 Following discussion, Councilman Mlinar moved to approve the plans and specifications, to advertise for bids on August 21, 1992 at 10:00 A.M., and to waive reading and adopt Resolution No. 9768. Motion seconded by Council- man Lenz and unanimously carried. (c) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 6, PROJECT NO. 92-10 (CENTURY AVENUE) Following discussion, Councilman Lenz moved to approve the plans and specifications, to advertise for bids on August 21, 1992 at 10:00 A.M., and to waive reading and adopt Resolution No. 9769. Motion seconded by Councilman Erickson and unanimously carried. (d) CONSIDERATION OF ACCEPTING WAIVER OF HEARINGS AND AWARDING CONTRACT FOR LETTING NO. 12, PROJECT NO. 92-18 (INDUSTRIAL BOULEVARD) Following discussion, Councilman Mlinar moved to approve the hearings waiver, to award the contract to R.P. Utili- ties for $163,869.32, and to waive reading and adopt Res- olution No. 9770. Motion seconded by Councilman Lenz and unanimously carried. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FAIR GROUNDS ADDITION SUBMITTED BY MCLEOD COUNTY AGRICULTURE ASSOCIATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the final plat and to waive reading and adopt Resolution No. 9759. Motion seconded by Councilman Lenz and unani- mously carried. (f) CONSIDERATION OF REZONING AREA OF FAIR GROUNDS ADDITION PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve and to waive first reading of Ordinance No. 92-62 and to set second reading for August 11, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF SETBACK VARIANCE FOR GARAGE CONSTRUCTION REQUESTED BY CHARLENE ANDERBERG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to 4 CITY COUNCIL MINUTES - JULY 28, 1992 approve and to waive reading and adopt Resolution No. 9760. Motion seconded by Councilman Lenz and unanimous- ly carried. (h) CONSIDERATION OF CONDITIONAL USE PERMIT FOR EDUCATION WING CONSTRUCTION REQUESTED BY SHALOM BAPTIST CHURCH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the permit and to waive reading and adopt Resolution No. 9761. Motion seconded by Councilman Lenz and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE HOME IN COUNTRY CLUB TERRACE REQUESTED BY BRIAN EASTRIDGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve the permit, recognizing the Planning Commission's recommendations of four conditions, and to waive reading and adopt Resolution No. 9762. Motion seconded by Coun- cilman Erickson and unanimously carried. (j) CONSIDERATION OF VARIANCE TO REDUCE REAR YARD SETBACK FOR ATTACHED GARAGE CONSTRUCTION REQUESTED BY LARRY MOEHRING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve and to waive reading and adopt Resolution No. 9763. Mo- tion seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUTCHINSON MALL PLAT 2 SUBMITTED BY DEVELOPERS DIVERSIFIED WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Don Wetter, President of Coborns, presented drawings of the proposed Hutchinson Cash Wise store. Engineer Rodeberg commented on a traffic flow study in the area. Discussion followed on how the plan for a raised median could affect the local businesses on the north side of South Grade Road. Councilman Lenz moved to table August 4, 1992 at noon. Motion Mlinar and unanimously carried. 5 to a special meeting on seconded by Councilman CITY COUNCIL MINUTES - JULY 281 1992 (1) CONSIDERATION OF VACATION OF UTILITY EASEMENTS LOCATED IN HUTCHINSON MALL PLAT 2 SUBMITTED BY DEVELOPERS DIVERSIFIED WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to table to a special meeting on August 4, 1992 at noon. Motion sec- onded by Councilman Mlinar and unanimously carried. (m) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE HOME IN COUNTRY CLUB TERRACE REQUESTED BY RICK GIESE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the permit, with four conditions, and to waive reading and adopt Resolution No. 9765. Motion seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE HOUSE REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to approve the permit and to waive reading and adopt Resolution No. 9766. Motion seconded by Councilman Lenz and unanimously carried. (o) CONSIDERATION OF LOT SPLIT ON SHADY RIDGE ROAD REQUESTED BY MILTON BRINKMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve the lot split, with inclusion of the staff recom- mendations. Motion seconded by Councilman Mlinar and unanimously carried. (p) CONSIDERATION OF FIREWORKS AT MCLEOD COUNTY FAIR REQUESTED BY MCLEOD COUNTY AGRICULTURE ASSOCIATION Following discussion, Councilman Erickson moved to approve. Motion seconded by Councilman Mlinar and unan- imously carried. (q) CONSIDERATION OF NEW SHOULDER WEAPONS FOR POLICE DEPARTMENT Following discussion, Councilman Mlinar moved to approve. Motion seconded by Councilman Lenz and unanimously car- ried. 2 CITY COUNCIL MINUTES - JULY 28, 1992 (r) CONSIDERATION OF CONTAMINATED PONDING SURFACE WATER AT 791 CALIFORNIA AVENUE During discussion it was pointed out the problem was com- ing from the county line into the city. It was suggested the city cut off service at the city limits on the north side of the road. No action was taken. (s) CONSIDERATION OF INDIVIDUAL WATER/SEWER SERVICES AT 216 FIFTH AVENUE SW Mr. Dick Lennes reported his neighbor's sewer line ran through the basement of his property. Mr. Lennes was willing to give a temporary easement but requested a solution to the problem. Following discussion, Councilman Erickson moved that there be a direct connection on both properties by June 1, 1993. Motion seconded by Councilman Mlinar and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on a meeting with the County regarding assessment issues. It was the general consen- sus that after a two or three year period, the delinquent assessments should be dealt with on an independent basis. A written City policy dealing with tax forfeiture prop- erty will be prepared by the City staff and City Attorney for the Council to review. Mr. Plotz informed the Council that Dorothy Smith, Motor Vehicle Registrar, was retiring August 28, 1992. He also stated the Fire Department was considering reducing the Fire Marshall position to part-time in the 1993 budget. A report was given on the interim residential refuse hauling. The specifications were being prepared for a three-year contract, effective October 1, 1992, and a joint meeting of the Refuse Contract Committee and potential haulers will be held on August 4 to review them. Mr. Plotz requested authorization to advertise for bids from refuse haulers. Motion by Councilman Lenz, seconded by Councilman Erick- son and unanimously carried, to advertise and open bids for residential haulers on August 17, 1992 at 10:00 A.M. 7 CITY COUNCIL MINUTES - JULY 28, 1992 (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson discussed two cost items pertaining to the downtown development project, namely the telephone cable and parking improvements. Following discussion, Councilman Erickson moved to ap- prove a cost share arrangement of 25 percent City cost, 25 percent telephone company cost, and 50 percent developer cost for the telephone cable and to assess the developer for parking improvements. Motion seconded by Councilman Mlinar and unanimously carried. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated the County had requested a Reso- lution for no parking on Bluff Street from 2:00 A.m. to 6:00 A.M. Councilman Lenz moved to waive reading and adopt Resolution No. 9772 for no parking on Bluff Street. Motion seconded by Councilman Mlinar and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Mlinar, 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 11:10 P.M. 8