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07-14-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 14, 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, Marlin Torgerson and Don Erickson. 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 Reverend Brian Brosz. 3. MINUTES The minutes of the regular meetings of May 26, 1992 and June 9, 1992, special meetings of June 9, 1992 and July 2, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1992 (b) APPLICATION FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE (SHORT-TERM): 1. HUTCH. HUSKIES AMATEUR BASEBALL ASSOCIATION 2. MCLEOD COUNTY AGRICULTURE ASSN. (COUNTY FAIR) (c) APPLICATION FOR TRANSIENT MERCHANT PERMIT BY STEVEN KRANZ (PERMIT ISSUED JUNE 26, 1992) The motion was made by Council Torgerson, seconded by Councilman Mlinar and unanimously carried, to order the report and minutes filed and to issue licenses/permit. 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF 1991 FINANCIAL STATEMENT AND MANAGEMENT LETTER BY CHARLES BAILLY & COMPANY A representative from the Charles Bailly auditing firm reviewed the City's 1991 financial report. CITY COUNCIL MINUTES - JULY 14, 1992 (b) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE PARK FOR ANNUAL ARTS AND CRAFTS FESTIVAL Councilman Torgerson moved to approve the request, and motion seconded by Councilman Lenz. The motion was amended by Councilman Torgerson to exclude the west side of Hassan Street until clarification was received on the locations to be closed off. Amended motion seconded by Councilman Lenz and unanimously carried. Main motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-60 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (ERICKSON'S DIVERSIFIED/FESTIVAL FOODS) The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt. (b) ORDINANCE NO. 92-61 - AN ORDINANCE TO VACATE ALL RIGHT- OF-WAYS WITHIN HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt. (c) RESOLUTION NO. 9754 - RESOLUTION ACCEPTING $156,250 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) DISCUSSION OF CONTAMINATED SOIL SPREADING AT NORTHLAND BEVERAGE (DEFERRED JUNE 23, 1992) Attorney Anderson reported this issue required MPCA approval subsequent to City approval. Following discus- sion, Councilman Erickson moved to approve. Motion sec- onded by Councilman Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - JULY 14, 1992 9. NEW BUSINESS (a) CONSIDERATION OF FIRST AMENDMENT OF PURCHASE AGREEMENT FOR HUTCHINSON DOWNTOWN DEVELOPMENT - PHASE II Following discussion, Councilman Erickson moved to approve, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF REQUEST FOR ONE HOUR OR TWO HOUR PARKING ALONG NORTH SIDE OF WASHINGTON AVENUE BETWEEN FRANKLIN STREET AND ALLEY Wendorff Insurance Company requested temporary street parking on Washington Avenue until Franklin Street was repaired and open to traffic. Following discussion, Councilman Lenz moved to approve one-hour parking on a temporary basis. Motion seconded by Councilman Erickson. The motion was amended by Coun- cilman Mlinar that the one-hour temporary parking would be until October 15, 1992. Amended motion seconded by Councilman Torgerson and unanimously carried. Main motion unanimously carried. (c) CONSIDERATION OF SETTING PUBLIC HEARING FOR AIRPORT ENVIRONMENTAL REVIEW (LETTING NO. 10, PROJECT 92-16) Following discussion, Councilman Erickson moved to approve and to set hearing for August 11, 1992 at 8:00 P.M. Motion seconded by Councilman Mlinar and unanimous- ly carried. (d) DISCUSSION OF SETTING PUBLIC HEARING DATE FOR LETTING NO. 4, PROJECT NO. 92-05 (ADAMS STREET - T.H. 22) Engineer Rodeberg reported the project was not a required public hearing, but he recommended having public input. Following discussion, Councilman Mlinar moved to hold a public hearing on August 25, 1992 at 6:30 P.M. in the City Hall auditorium. Motion seconded by Councilman Torgerson and unanimously carried. (e) CONSIDERATION OF RESETTING ASSESSMENT HEARING FOR ASSESSMENT ROLL NO. 277, LETTING NO. 4, PROJECT NO. 92-07 3 CITY COUNCIL MINUTES - JULY 14, 1992 Following discussion, Councilman Erickson moved to ap- prove resetting the assessment hearing for July 28, 1992 at 8:00 P.M. Motion seconded by Councilman Mlinar and unanimously carried. (f) DISCUSSION OF APPROVING RETAINAGE OF DAVID LORENCE TO APPRAISE AIRPORT PROPERTY Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimous- ly carried, to approve retainage of David Lorence. (g) CONSIDERATION OF REJECTING ALL BIDS FOR HUTCHINSON MUNICIPAL AIRPORT IMPROVEMENTS Engineer Rodeberg stated the time element was the reason for rejecting all bids received. Following discussion, Councilman Erickson moved to ap- prove rejecting all bids and to waive reading and adopt Resolution No. 9753. Motion seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF CALLING FOR BIDS ON 1992 IMPROVEMENT BONDS President Steve Apfelbacher, Ehlers & Associates, pre- sented material on the bond sale. He stated the bids would be opened on August 25, 1992. Following discussion, Councilman Lenz moved to approve and to waive reading and adopt Resolution No. 9756. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. Two resolutions were submitted by Dorsey & Whitney regarding projects pursuant to the Minnesota Statutes, Chapter 429, and reimbursement by the City of expendi- tures by the Farmers Elevator Association (Development District No. 4). The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to waive read- ing and adopt Resolution No. 9757 regarding Chapter 429. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt Resolution No. 9758 regarding the Farmers Elevator Association. 4 CITY COUNCIL MINUTES - JULY 14, 1992 (i) CONSIDERATION OF ACCEPTING SERVE AMERICA GRANT FUNDING Following discussion, Councilman Erickson moved to approve. Motion seconded by Councilman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on the social planned in conjunction with Shopko's grand opening. It was reported there would be a meeting this week to review the liquor store plan and to make some changes. The potential relocation of the telephone line on Jeffer- son Street was discussed. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson requested consideration of a More 4 Like Kind Exchange Resolution which was required for the July 28, 1992, property closing. As of that date, the More 4 building will be turned over to the City. Councilman Torgerson moved to approve and to waive reading and adopt Resolution No. 9755. Motion seconded by Councilman Mlinar and unanimously carried. The City Attorney presented an update on the refuse situ- ation. He stated the temporary restraining order had been withdrawn by the court, and the date set for the residential bid opening had passed. The interim resi- dential hauler contract would be from August 1, 1992 to October 1, 1992. Following discussion, Councilman Torgerson moved to open residential hauler bids at 10:00 A.M. on July 20, 1992 and to hold a special Council meeting at 12:00 noon on July 20, 1992, to award the contract. Motion seconded by Councilman Mlinar and unanimously carried. Attorney Anderson stated he had contacted County Attorney Mike Junge twice regarding the City's request for funds from the landfill abatement proceeds. Both times the re- quest was refused. 5 CITY COUNCIL MINUTES - JULY 14, 1992 Regarding the popcorn stand issue, Attorney Anderson re- ported he expected the building to be off the site by August 1, 1992. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented the City staff was down to the final layout for the proposed City Hall in the More 4 building. He suggested having two Council members re- view the plan before proceeding further. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired about the railroad issue. The City Attorney will check into it. 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 8:40 P.M. 0