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05-12-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 12, 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 Robert Brauer. 3. MINUTES No minutes were available. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1992 2. HOSPITAL/NURSING HOME BOARD MINUTES OF FEBRUARY 18, MARCH 17, AND APRIL 1, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order the report and minutes filed. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE APPLICATION FOR LAMPLIGHTER LOUNGE II LOCATED IN PLAZA 15, GARY LANDREVILLE, OWNER Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing, Publication No. 4372. The applicant, Gary Landreville, stated he planned a June 15 opening of the lounge, and his two sons would be the managers. The motion was made by Councilman Erickson to close the hearing at 8:03 P.M. Motion seconded by Councilman Tor- gerson and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Torgerson, to approve and issue the license. The motion was amended by Councilman Erickson to show proof of the manager's residency in Hutchinson. Amended CITY COUNCIL MINUTES - MAY 12, 1992 motion seconded by Councilman Torgerson and unanimously carried. Main motion unanimously carried. (b) PROPOSED TRANSFER OF CABLE FRANCHISE The hearing was called to order at 8:05 P.M. Mayor Ack- land read the notice of hearing, Publication No. 4375. Attorney Anderson presented a favorable recommendation from Moss & Barnett. It was the unanimous recommendation of the HCVN Technical Proposal Review Committee to ap- prove the transfer of the cable franchise to D.D. Cable Partners. Residents submitted a petition requesting cable access to the Midwest sports channel. Following discussion, Councilman Torgerson moved to close the hearing at 8:07 P.M. Motion seconded by Councilman Lenz and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve the transfer to D.D. Cable Partners and to waive reading and adopt Resolution No. 9723. (c) ASSESSMENT ROLL NO. 275A, LETTING NO. 1, PROJECT NO. 92-01 Mayor Ackland called the hearing to order at 8:15 P.M. and read the notice of hearing, Publication No. 4369. Engineer Rodeberg commented on the breakdown of costs and stated most of the funding would come from the state aid funds. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to close the hearing at 8:23 P.M. Councilman Torgerson moved to approve and adopt Roll No. 275A, to award the contract, and to waive reading and adopt Resolution No. 9719. Motion seconded by Councilman Erickson and unanimously carried. (d) ASSESSMENT ROLL NO. 275B, LETTING NO. 1, PROJECTS NO. 92-03 & 92-04 The hearing was called to order at 8:25 P.M., and Mayor Ackland read notice of hearing, Publication No. 4370. 2 CITY COUNCIL MINUTES - MAY 12, 1992 6. 7. The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to close the hearing at 8:26 P.M. Councilman Erickson moved to approve and adopt Roll No. 275B, to award the contract, and to waive readings and adopt Resolutions No. 9720 and No. 9721. Motion seconded by Councilman Lenz and unanimously carried. COMMUNICATIONS, REQUESTS AND PETITIONS None. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-54 - SUBDIVISION ORDINANCE, PUBLIC SITE AND OPEN SPACES The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt ordinance. (b) ORDINANCE NO. 92-57 - ORDINANCE ESTABLISHING LICENSING FOR REFUSE HAULERS Following discussion, the motion was made by Councilman Torgerson to authorize extending to Junker interim haul- ing on the residential side alone and for apartment buildings of four or less units at the present rate, with the exclusion of trailer courts since they are considered commercial property. Motion seconded by Councilman Mlinar and unanimously carried. Councilman Lenz moved to waive first reading of the re- vised ordinance and set second reading for May 20, 1992. Motion seconded by Councilman Torgerson and unanimously carried. (c) ORDINANCE NO. 92-58 - ORDINANCE GRANTING MAINSTREET ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON IN LIBRARY SQUARE During discussion of Section 6, it was the consensus of the Council that a Resolution would be needed to approve a lease arrangement for the popcorn wagon on a yearly basis. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive first reading and set second reading for May 26, 1992. 3 CITY COUNCIL MINUTES - MAY 12, 1992 (d) RESOLUTION NO. 9712 - RESOLUTION FOR PURCHASE The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9713 - ARBOR DAY PROCLAMATION The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9714 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (g) RESOLUTION NO. 9722 - RESOLUTION OF APPRECIATION FOR ASSISTANCE FROM MCLEOD COUNTY RECORDER'S OFFICE The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (h) RESOLUTION NO. 9725 - RESOLUTION TO DECERTIFY ASSESSMENTS DUE AND PAYABLE IN 1992 FOR THIRD AVENUE N.W./DAKOTA RAIL, INC. The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF POLICY ON TAX FORFEITURE ASSESSMENTS (DEFERRED APRIL 28, 1992) Finance Director Kenneth B. Merrill presented the pro- posed policy which would apply to any tax forfeited prop- erty, including the recent sale of forfeited property. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve staff recommendations. 4 CITY COUNCIL MINUTES - MAY 12, 1992 (b) DISCUSSION OF POLICY ALTERNATIVES FOR DELINQUENT AND DEFERRED ASSESSMENTS (DEFERRED APRIL 28, 1992) Following discussion, no action was taken. The City Attorney will meet with the County Attorney, County Aud- itor, Mayor Ackland, Administrator Plotz and Director Merrill to further discuss the issue and county policies. 9. NEW BUSINESS (a) CONSIDERATION OF SETTING SPECIAL CITY COUNCIL MEETING TO AWARD CONTRACT FOR WATER/SEWER EQUIPMENT The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve and set a special meeting for 12:00 noon on May 20, 1992. (b) CONSIDERATION OF SUBDIVISION AGREEMENT FOR FIRST ADDITION TO PETERSON TERRACE The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the subdivision agreement. (c) CONSIDERATION OF POLICE DEPARTMENT POLICY AND INTER- AGENCY AGREEMENT Police Chief Steve Madson, Officer David Erlandson, and Heidi Nelson from the hospital mental health unit, pre- sented the guidelines for debriefing and the inter -agency agreement. The hospital will charge a $200 fee for the actual debriefing session. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and enter into agreement. (d) CONSIDERATION OF APPROVING DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR HUTCHINSON MUNICIPAL AIRPORT Following discussion, the motion was made by Councilman Erickson to approve, seconded by Councilman Mlinar and unanimously carried. (e) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT LICENSE FOR RICHARD SEIPEL, DBA THE COUNTRY STOP 5 CITY COUNCIL MINUTES - MAY 12, 1992 Following discussion, the motion was made by Councilman Torgerson to approve and issue license, contingent upon designation of location. Motion seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 2, PROJECTS NO. 92-02 & 92-09 Following discussion, Councilman Torgerson moved to table to special meeting on May 20, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF AWARDING LETTING NO. 7 & NO. 7B, PROJECT NO. 92-12 & 92-12B (DOWNTOWN REDEVELOPMENT --PHASE II DEMOLITION/PURCHASE AND REMOVAL) Following discussion, Councilman Mlinar moved to table to special meeting on May 20, 1992. Motion seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF AWARDING LETTING NO. 8, PROJECT NO. 92-13 (NORTH PARK TENNIS COURT REHABILITATION) Following discussion, the motion was made by Councilman Lenz to approve and award contract to Mid Minnesota Hot Mix, Inc. for $19,520 and to waive reading and adopt Resolution No. 9718. Motion seconded by Councilman Erickson and unanimously carried. (i) CONSIDERATION OF CONTRACT AGREEMENT WITH BARR ENGINEERING COMPANY FOR OLD LANDFILL MITIGATION FEASIBILITY STUDY During discussion it was determined the City staff should meet with the County Board to discuss cost. Councilman Erickson moved to table. Motion seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF COST OF LIVING ADJUSTMENT FOR 1992 Following discussion, Councilman Lenz moved to approve a 3.25 percent increase, retroactive to January 1, 1992. Motion seconded by Councilman Torgerson and unanimously carried. C CITY COUNCIL MINUTES - MAY 12, 1992 (k) CONSIDERATION OF PROCEDURE FOR ADMINISTERING MERIT PAY Following discussion, Councilman Torgerson moved to fol- low the staff merit recommendation. Motion seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF REQUEST BY ALLEN REINER TO CONSTRUCT A PRIVATE HANGAR AT HUTCHINSON MUNICIPAL AIRPORT Allen Reiner stated he was looking for a City policy on private hangars at the municipal airport. Following discussion, Councilman Torgerson moved to defer until City staff could present a recommendation. Motion seconded by Councilman Mlinar and unanimously carried. (m) DISCUSSION OF RELOCATION OF HUTCHINSON IRON & METAL Administrator Plotz stated the relocation would be con- tingent upon a Planning Commission hearing for a condi- tional use permit. Following discussion, it was the con- sensus of the Council that the HCDC work with the owner to begin the process. No action was taken. (n) DISCUSSION OF LIQUOR STORE REGARDING PROPOSED DOOR ACCESS INTO GROCERY STORE City Attorney Anderson reviewed the State Statute on this issue and was doing further research. No action was taken. (o) CONSIDERATION OF PURCHASE AGREEMENT FOR LIQUOR STORE CONDOMINIUM Following discussion, the motion was made by Councilman Torgerson to approve and enter into agreement. Motion seconded by Councilman Lenz and unanimously carried. (p) DISCUSSION OF STEVE PICHA INTOXICATING LIQUOR LICENSE Administrator Plotz stated he was contacted by the Department of Revenue regarding no filing of sales tax by Hutch Pizza, Inc. for January, February and March. He was told a business partner/officer would be held per- sonally liable for the sales tax, which would affect Mr. Picha. 7 CITY COUNCIL MINUTES - MAY 12, 1992 Mayor Ackland requested a verification in writing from the Department of Revenue stating Mr. Picha would not be held liable. Otherwise, he would not agree to the City issuing a liquor license. Attorney Anderson recommended Mr. Picha determine the status of the following three areas for further discus- sion at the special meeting on May 20, 1992: (1) 1992 sales tax for January -March; (2) past due taxes for 1991; and (3) Liquor Control stamp to resell alcoholic bever- ages. Following discussion, Councilman Torgerson moved to issue a liquor license after it was determined that a liquor stamp would be issued and the Department of Revenue did not hold Mr. Picha responsible for sales tax in January through March, 1992. Motion seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on a memorandum received from the City Attorney. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Word of Life agreement and recommended the following changes: (1) collection of the reference to purchase at a tax forfeiture as sale; (2) reduction of the interest rate to 7 percent; and (3) elimination of the reference to the due on sale clause. Following discussion, Councilman Erickson moved to accept the City Attorney's recommendations. Motion seconded by Councilman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on a complaint regarding dust control in the area of 3M. He stated this project was dropped for 1992, but it was in the planning for next year. The City Engineer questioned if chemicals should be put on the affected streets in the area. He reported the sidewalk on Fifth Avenue would be removed and gravel put down. 8 CITY COUNCIL MINUTES - MAY 12, 1992 (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on holes around the manholes on Century Avenue. He had received a complaint regarding the smell from the spreading of sludge from the waste- water treatment plant. 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 11:15 P.M. 2