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05-26-1992 CCMf MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 26, 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. 3. 4. 5. INVOCATION The invocation was given by the Reverend Robert Brauer, Seventh Day Adventist Church CONSIDERATION OF MINUTES The minutes of the special meeting of May 5, 1992, and bid openings of May 4, May 6 and May 8, 1992 were approved as distributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1992 2. FIRE DEPARTMENT MINUTES - APRIL 6 & 13, MAY 4 & 11, 1992 (b) REPORT OF CITY INVESTMENTS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order the reports and minutes filed. PUBLIC HEARING - 8:00 P.M. (a) REVOCATION OF ISSUANCE OF LIQUOR LICENSE TO STEVE PICHA DBA HUTCH PIZZA, INC.; J'S PIZZA GARTEN/SPORTS BAR Mayor Ackland called the hearing to order at 8:00 P.M. City Attorney Anderson reported on a telephone conversa- tion with an IRS representative regarding non-payment of delinquent taxes. The City received a letter from the Department of Revenue stating they presently had no ob- jection to the issuance of an intoxicating liquor license for Steven R. Picha, dba J's Pizza Garten/Sports Bar. 1 CITY COUNCIL MINUTES - MAY 26, 1992 Attorney Mark Carrigan, representing Mr. Picha, stated Mr. Doherty had made arrangements concerning the unpaid taxes. He requested Mr. Picha's license be made avail- able at this time. He reported Hutch Pizza, Inc. was dissolved, and the business now went under the name of J's Sports Bar, which was not incorporated. The motion was made by Councilman Erickson to close the hearing at 8:05 P.M. Motion seconded by Councilman Tor- gerson and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to issue liquor license. (b) LETTING NO. 6, PROJECT NO. 92-10 & 92-11 Mayor Ackland called the hearing to order at 8:06 P.M. and read Publication No. 4382. Engineer Rodeberg reported on the proposed project and its costs. PROJECT NO. 92-10 No one was present to be heard. Engineer Rodeberg stated there were drainage problems because the property owner built too low for the site. Councilman Torgerson moved to close the hearing at 8:10 P.M. Motion seconded by Councilman Mlinar and unanimous- ly carried. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve Project No. 92-10 and to order preparation of plans and specifications. PROJECT NO. 92-11 No one was present to be heard. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to close the hearing at 8:15 P.M. 2 CITY COUNCIL MINUTES - MAY 26, 1992 The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to delete Project No. 92-11 and to waive reading and adopt Reso- lution No. 9733. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY EUGENE HIPPE, MID -MINNESOTA DEVELOPMENT COMMISSION Executive Director Eugene Hippe presented a report on the technical assistance and services the Commission has provided to all the cities in the region, and specificly Hutchinson. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9726 - RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1992 The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9731 - RESOLUTION FOR PURCHASE The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (c) ORDINANCE NO. 92-58 - ORDINANCE GRANTING MAIN STREET ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON IN LIBRARY SQUARE During discussion the City attorney suggested the City restrict use of the facility during specified events. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS 3 CITY COUNCIL MINUTES - MAY 26, 1992 The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to discon- tinue service on June 1 at noon unless other arrangements had been made. (b) CONSIDERATION OF AMENDMENT TO LIQUOR LICENSE FOR MARK GAARDER FOR SERVING INTOXICATING LIQUOR ON PROPOSED PATIO During discussion the City Attorney stated the amendment was an experiment, and the City Council would reserve the right to revoke the permit at any time without cause and for any reason. Councilman Torgerson moved to approve the amendment. Motion seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF LETTER OF INTENT TO AWARD AIRPORT IMPROVEMENT PROJECT BID Engineer Rodeberg reported the letter of intent may be a bidding document. He stated the City had a 50/50 chance for funding within a two month period. No action was taken. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SIXTH GREEN ESTATES SUBDIVISION It was noted by the Director of Engineering that the name of the plat was changed from Golf View Subdivision to Sixth Green Estates Subdivision. Following discussion, the motion was made by Councilman Torgerson to approve. Motion seconded by Councilman Mlinar and carried, with Councilman Erickson abstaining from voting. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS --LETTING NO. 9, PROJECT NO. 92-14, SIXTH GREEN ESTATES Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the plans and specifications, to order advertising for bids, and to waive reading and adopt Resolution No. 9732. 4 CITY COUNCIL MINUTES - MAY 26, 1992 (f) CONSIDERATION OF ASSESSMENTS ON THIRD AVENUE Following discussion, Councilman Torgerson moved to drop the 1968 assessments of $1,596. Motion seconded by Coun- cilman Mlinar and unanimously carried. (g) CONSIDERATION OF REQUEST FOR AUTHORIZATION OF INTERFUND LOAN FOR PURCHASE OF STREET MAINTENANCE EQUIPMENT Following discussion, the motion was made by Councilman Torgerson to approve, seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF CONVERSION OF LONG DISTANCE TELEPHONE SERVICE TO MCI Following discussion, the motion was made by Councilman Torgerson to approve, seconded by Councilman Erickson. Motion failed three to one, with Councilman Torgerson voting aye and Mayor Ackland and Councilmen Mlinar and Erickson voting nay. (i) CONSIDERATION OF REQUEST FOR OUT-OF-STATE TRAVEL BY RANDY DEVRIES Following discussion, the motion was made by Councilman Erickson to approve, seconded by Councilman Torgerson and unanimously carried. (j) ITEM WITHDRAWN (k) CONSIDERATION OF REQUEST FOR PURCHASE - LEASE OF UTILITY VEHICLES Director Dolf Moon reported the 1992 budget included $15,000 to replace a vehicle in the Park & Recreation Department. It was his recommendation to purchase two John Deere AMTS ($7,991.90) and to enter into a lease arrangement with L & P Supply for two vehicles at an annual cost of $1,200 through 1997. Following discussion, the motion was made by Councilman Torgerson to approve, seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF LEASE AGREEMENT FOR DRY DOCK Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to approve a six-month lease at $750 per month. 5 CITY COUNCIL MINUTES - MAY 26, 1992 (m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON MANUFACTURING, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Mlinar to approve and issue permit and to waive reading and adopt Resolution No. 9727. Motion seconded by Coun- cilman Torgerson and unanimously carried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BRIAN WENDLANDT FOR CONSTRUCTION OF BUILDING FOR TREE EQUIPMENT STORAGE AND DOG GROOMING ROOM LOCATED ON THIRD AVENUE N.W. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson to approve and issue permit and to waive reading and adopt Resolution No. 9728. Motion seconded by Coun- cilman Mlinar and unanimously carried. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DON ERICKSON REPRESENTING HRA WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Mlinar to approve and issue permit and to waive reading and adopt Resolution No. 9729. Motion seconded by Coun- cilman Torgerson and carried, with Councilman Erickson abstaining from voting. (p) CONSIDERATION OF FINAL PLAT OF SIXTH GREEN ESTATES (FORMERLY GOLFVIEW SUBDIVISION) SUBMITTED BY DON ERICKSON AND KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson to approve and to waive reading and adopt Reso- lution No. 9730. Motion seconded by Councilman Mlinar and carried, with Councilman Erickson abstaining from voting. (q) CONSIDERATION OF EXTENSION OF VARIANCE REQUESTED BY LARRY DEGROTE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve and issue extension of variance given in Resolution No. 9588 adopted October 22, 1991. CITY COUNCIL MINUTES - MAY 26, 1992 (r) DISCUSSION OF DISPATCH AND 911 SERVICES It was reported that the City Administrator, Finance Director, Councilman Torgerson and Mayor Ackland met with County Commissioners today to discuss the dispatch and 911 services in Hutchinson. The County was looking for direction as to whether the City wished to consolidate with the County or to continue with separate services. Following discussion of proposed costs and equipment, the motion was made by Councilman Mlinar to hold a special Council meeting on June 15, 1992, at 7:00 P.M., subject to the availability of the consultant. Motion seconded by Councilman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on the interim refuse haul- ing services in Hutchinson and recommended advertising for bids on residential hauling to be opened on June 23, 1992. He stated composting should be included. The motion was made by Councilman Erickson, seconded by Councilman Torgerson, and unanimously carried, to approve advertising for bids. Mr. Plotz stated the Everest Group would be in town later this week to discuss the proposed liquor store. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the closing and acquisition of the last condemned property owned by Janousek had been completed. The only remaining property to be acquired was the Simonson property. He reported Farm Service had closed its operation. The City Attorney commented on the proposal received from Attorney John Cairns regarding settlement with Junker Sanitation. It was his recommendation to hold a closed meeting to discuss the proposal. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to meet for a closed meeting on June 9, 1992, at 6:30 P.M. 7 CITY COUNCIL MINUTES - MAY 26, 1992 It was reported by Attorney Anderson that an agreement with the Word of Life had been signed. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Erickson, 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 10:25 P.M. 8