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06-23-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 23, 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: Coun- cilman Craig Lenz. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION There was no one present to give the invocation. 3. MINUTES None. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1992 2. REPORT OF CITY INVESTMENTS 3. AIRPORT COMMISSION MINUTES OF JUNE 15, 1992 (b) APPLICATION FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE: 1. J'S PIZZA/SPORTS BAR 2. THE HANGAR (c) APPLICATION FOR CIGARETTE LICENSE: 1. J'S PIZA/SPORTS BAR 2. LAMPLIGHTER LOUNGE II (d) REISSUING ELKS LODGE CLUB INTOXICATING LIQUOR LICENSE AT NEW LOCATION (e) APPOINTMENT OF DOUG WARD TO UTILITIES COMMISSION (f) APPLICATION FOR PEDDLERS LICENSE BY RYAN BUSHMAN The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order the report and minutes filed, to issue licenses and to ratify appointment. CITY COUNCIL MINUTES - JUNE 23, 1992 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF CITY INSURANCE RENEWAL PACKAGE FOR PROPERTY AND LIABILITY COVERAGE BY INSURANCE AGENT AND CITY CONSULTANT Agent Dennis Potter and Consultant Mark Flaten presented a renewal package for the City's property and liability insurance coverage effective July 1, 1992. The program included coverage for both the Utility and City but did not include the Hospital -Burns Manor. Following discussion, the motion was made by Councilman Mlinar to approve the current level of insurance with the exception of workman's compensation guaranteed cost pro- gram with the option of self-insurance January 1, 1993. Motion seconded by Councilman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9749 - RESOLUTION AUTHORIZING ON-GOING TRANSIT GRANT The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9750 - RESOLUTION FOR PURCHASE 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 LEASE AGREEMENT WITH SCHOOL DISTRICT FOR TARTAN PARK (DEFERRED JUNE 9, 1992) Following a report by Director Moon on the proposed use of the building in Tartan Park, Councilman Torgerson moved to approve the lease agreement subject to the School District giving the City six months to a year to determine whether to accept the 24' X 24' building or rental payment from the Hutchinson School District. 2 CITY COUNCIL MINUTES - JUNE 23, 1992 Motion seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF PROPOSED HCDC AND HRA CHANGES IN ORGANIZATIONAL STRUCTURE AND EMPLOYMENT OF FULL-TIME DIRECTOR (DEFERRED JUNE 9, 1992) President Jim Bullard and Larry Fraser, representing the HCDC Board of Directors, reported they no longer saw a need for a full-time director inasmuch as HRA was propos- ing to under an extensive housing program and to make the HRA Executive Director a full-time position. Three op- tions were then presented: (1) Maintain HCDC position at existing part-time level; (2) Seek a full-time person at a salary range of $22-25,000; and (3) Consider utilizing the Chamber of Commerce Director as a consultant on an interim basis and hire a full-time or part-time staff person. (c) CONSIDERATION OF COMMENCING UNLAWFUL DETAINER PROCEEDINGS FOR REMOVAL OF POPCORN STAND IN LIBRARY SQUARE Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to authorize the City Attorney to proceed with legal proceedings. (d) DISCUSSION OF PROPOSAL TO MCLEOD COUNTY BOARD REGARDING DISPATCH AND 911 SERVICE City Administrator Plotz presented a proposal that: (1) County provide cash contribution for 1992 and increment upward; (2) County pay for 911 system; and (3) City con- tinue dispatch services, including outlying townships. He stated Councilman Lenz was in favor of the proposal, although he was absent from the meeting. Following discussion, the motion was made by Councilman Erickson to approve the proposal with a $60,000 (35%) figure and to waive reading and adopt Resolution No. 9751. Motion seconded by Councilman Torgerson and unan- imously carried. 9. NEW BUSINESS (a) CONSIDERATION OF ADOPTING HUTCHINSON FIRE DEPARTMENT CONSTITUTION AND BYLAWS 3 CITY COUNCIL MINUTES - JUNE 23, 1992 Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to approve. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Councilman Torgerson moved to discontinue service on June 29 at noon unless other arrangements were made. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF APPLICATIONS FOR LICENSING Administrator Plotz reported the recycling licensing was not included in the court order. Several haulers had submitted applications for recycling licenses. Following discussion, Councilman Erickson moved to defer commercial and residential licensing and to approve the recycling licenses to be effective July 1, 1992. Motion seconded by Councilman Torgerson and unanimously carried. (d) DISCUSSION OF DEFERRED ASSESSMENTS ON CARLISLE STREET Following the City Engineer's report, Councilman Torger- son moved to approve Engineer Rodeberg's recommendation to reduce the assessments from the principal and interest amount of approximately $8,165 to today's cost estimate of $4,491. Motion seconded by Councilman Mlinar and unanimously carried. (e) DISCUSSION OF SOIL AND WATER CONSERVATION DISTRICT/DNR GRANT FOR RIP RAP ALONG CROW RIVER Engineer Rodeberg reported the City would receive $41,000 in a matching grant over a period of two or three years. No action was required. (f) DISCUSSION OF TRUCK ACCESS TO 3M MAGNETIC PLANT Following discussion, Councilman Torgerson moved to approve moving the sign 100 feet to the north on a temporary basis. Motion seconded by Councilman Mlinar and unanimously carried. (g) DISCUSSION OF PROPOSED POLICY/REQUIREMENTS FOR CONSTRUCTION OF PRIVATE HANGARS AT MUNICIPAL AIRPORT A policy recommendation was presented from the airport consultant and the Airport Commission. The City staff 4 CITY COUNCIL MINUTES - JUNE 23, 1992 and City Attorney will pursue the issue and bring back an ordinance or franchise proposal to the Airport Commission and City Council. No action was taken. (h) DISCUSSION OF CONTAMINATED SOIL SPREADING AT NORTHLAND BEVERAGE Following discussion, it was the consensus of the Council that the City Attorney would contact the County regarding any regulations involved. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to defer to the first meeting in July. (i) CONSIDERATION OF REQUEST FOR PURCHASE OF COMPUTER COMMUNICATION UPGRADE AND PRINTER Following discussion, Councilman Torgerson moved to approve the purchase. Motion seconded by Councilman Mlinar and unanimously carried. (j) DISCUSSION OF IMPLEMENTATION OF STATE WATER TESTING FEE Following discussion, Councilman Mlinar moved to approve collecting the fee as a separate line item on the water statement. Motion seconded by Councilman Torgerson and unanimously carried. (k) CONSIDERATION OF AUTHORIZATION TO PAY STATEMENT FOR TRANSFER OF CABLE FRANCHISE FROM STAR MIDWEST, INC. TO D.D. CABLE PARTNERS L.P. Following discussion, Councilman Mlinar moved to approve the amount of $1,500. Motion seconded by Councilman Torgerson and unanimously carried. (1) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve and to waive reading and adopt Resolution No. 9745. Motion seconded by Councilman Mlinar and unani- mously carried. (m) CONSIDERATION OF VACATION OF ALL RIGHT-OF-WAYS WITHIN HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 5 CITY COUNCIL MINUTES - JUNE 23, 1992 Following discussion, Councilman Mlinar moved to approve and to waive first reading of Ordinance No. 92-61 and to set second reading for July 14, 1992. Motion seconded by Councilman Torgerson and unanimously carried. (n) CONSIDERATION OF REZONING FROM I/C TO C-3 REQUESTED BY ERICKSON'S DIVERSIFIED FOR FESTIVAL FOODS STORE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve and to waive first reading of Ordinance No. 92-60 and to set second reading for July 14, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (o) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF FESTIVAL FOODS STORE IN FLOOD PLAIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to approve and to waive reading and adopt Resolution No. 9746. Motion seconded by Councilman Mlinar and unani- mously carried. (p) CONSIDERATION OF REZONING FROM R-2 TO C-2 REQUESTED BY PETE KASAL LOCATED ON SOUTH GRADE ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION During discussion it was reported that about 10 years ago the City and the developer, Mr. Lipke, entered into an agreement and a restricted covenant regarding the use of the land for residential purposes only. Councilman Mlinar moved to approve the unfavorable recom- mendation of the Planning Commission. Motion seconded by Councilman Torgerson and unanimously carried. (q) CONSIDERATION OF VACATION OF UTILITY EASEMENT SUBMITTED BY PETE KASAL LOCATED IN PLAZA HEIGHTS ON SOUTH GRADE ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Councilman Torgerson moved to approve the unfavorable recommendation of the Planning Commission. Motion sec- onded by Councilman Erickson and unanimously carried. (r) CONSIDERATION OF VARIANCE REQUESTED BY PETE KASAL FOR OFFICE BUILDING ON SOUTH GRADE ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION 2 CITY COUNCIL MINUTES - JUNE 23, 1992 Councilman Mlinar moved to approve the unfavorable recommendation of the Planning Commission. Motion sec- onded by Councilman Torgerson and unanimously carried. (s) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD LENNES TO MOVE HOUSE ONTO PROPERTY LOCATED AT 506 GLEN STREET SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to ap- prove and to waive reading and adopt Resolution No. 9747. Motion seconded by Councilman Torgerson and unanimously carried. (t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CHAD UECKER TO MOVE A 1970 TRAILER HOME IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to ap- prove with staff recommendations, including installation of windows, and to waive reading and adopt Resolution No. 9748. Motion seconded by Councilman Mlinar and unani- mously carried. (u) CONSIDERATION OF REZONING FROM R-2 TO C-4 REQUESTED BY CHARLES PEARSON FOR CAR WASH AT 902 HWY. 15 SOUTH WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Erickson moved to ap- prove the planning staff's unfavorable recommendation. Motion seconded by Councilman Mlinar and unanimously carried. (v) CONSIDERATION OF CONDITIONAL USE PERMIT FOR PALLET BUSINESS ON HWY. 22 IN HASSAN VALLEY (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Mlinar moved to refer to County with no objection. Motion seconded by Councilman Erickson and unanimously carried. (w) CONSIDERATION OF PROPOSED STORM SHELTER FOR COUNTRY CLUB TERRACE MOBILE HOME PARK Mr. William Block presented plans for the proposed storm shelter in Country Club Terrace Park. He was informed that the proposal required no Council action, and he 7 CITY COUNCIL MINUTES - JUNE 23, 1992 should apply for a building permit and pay the required fees. However, Mr. Block was instructed to have a temporary evacuation plan until the structure was com- pleted. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the City received two bids today for interim residential refuse and garbage hauling. One of the bids was from Junker Sanitation. They cannot be opened at this time because of the court injunction. Attorney Anderson advised the Council of last week's events. On June 30 the court will make a decision on the restraining order against the City. The City Attorney had contacted the insurance carriers to determine cover- age. He reported National Casualty will share the in- junction cost of defense 50/50 with the City. Also, Marshall & Associates (Attorney Morgan Godfrey) will represent the City in court. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to set a special Council meeting for 5:30 P.M. on June 30, 1992. Councilman Erickson moved that Marshall And Associates be acquired for legal counsel at court on June 30, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the status of the Brandt/Trebelhorn encroachment and drainage issue. Attorney Anderson stated he had executed a complaint and forwarded it to the Police Department. Councilman Mlinar asked the reason for the lawsuit filed by Marlow Priebe against the City regarding the Wagner plat. Engineer Rodeberg responded it pertained to re - platting a portion of the addition to clear the title. It was part of the procedure for dealing with a torrance title of property. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson expressed appreciation to City work - 8 CITY COUNCIL MINUTES - JUNE 23, 1992 ers for doing a good job in cleaning up the area follow- ing the recent storm. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the McLeod County landfill abatement fund issue. He recommended going forward with an Attorney General's opinion. The City Attorney will contact the County Attorney and County Commissioners requesting their consent to pay for the cost of the opinion. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported he was meeting with MN/DOT to discuss the Adams Street project. He further reported current projects were First Avenue, Franklin Avenue and 1993 projects. Director Rodeberg stated the farmers elevator demolition began yesterday. The phone conduit will be moved. Engineer Rodeberg commented the airport project may be rebid because of irregularities in the low bid and the lack of available funding. He was waiting for an answer from the F.A.A. It was reported that the highway site near Lester Prairie where the accident happened has become a safety hazard. The mile -long surface area needs to be redone. 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 and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:22 P.M. 0i