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04-28-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 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, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and Assistant City Attorney Joseph Paiement. 2. INVOCATION The invocation was given by the Reverend Harold McGowan. 3. MINUTES The minutes of the bid openings of March 17, 1992 and April 13, 1992, continued regular meeting of March 20, 1992, special meeting of April 1, 1992, and regular meeting of April 14, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1992 2. SENIOR ADVISORY BOARD MINUTES OF FEB. 13, 1992 3. PLANNING COMMISSION MINUTES OF MARCH 17 & MARCH 24, 1992 4. AIRPORT COMMISSION MINUTES OF MARCH 2, 1992 5. PARK & RECREATION BOARD MINUTES OF FEB. 26, 1992 6. REPORT OF CITY INVESTMENTS (b) RECONFIRMATION OF APPROVED GAMBLING LICENSE FOR ELKS LODGE AS REQUESTED BY STATE GAMBLING BOARD (c) APPLICATIONS FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES 1. CROW RIVER COUNTRY CLUB 2. GOD FATHER'S PIZZA 3. GOLD COIN 4. PIZZA HUT 5. LITTLE CROW BOWLING LANES 6. LAMPLIGHTER'S LOUNGE II 7. J'S SPORTS BAR Nal CITY COUNCIL MINUTES - APRIL 28, 1992 (d) APPLICATIONS FOR OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSES 1. CASH WISE FOODS 2. ERICKSON FREEDOM STATION (HWY. 7 & 15) 3. GEORGE'S FOOD & FUEL 4. CITGO-QUIKMART 5. SOUTHTOWN MOBIL 6. TOM THUMB FOOD MARKET 7. SUPERAMERICA (e) APPLICATION FOR PARADE PERMIT 1. AMERICAN LEGION POST 96 - MAY 25, 1992 2. MARCH OF DIMES - MAY 17, 1992 The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to order report and minutes filed, with noted correction to February 26, 1992 Park & Recreation Board Minutes, and to reconfirm and issue licenses and permits, with the exception of J's Sports Bar. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimous- ly carried, to approve and issue permits and waive fees and rentals. (b) CONSIDERATION OF REQUEST FOR NON -INTOXICATING LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 18-21, 1992 Following discussion, the motion was made by Councilman E CITY COUNCIL MINUTES - APRIL 28, 1992 Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve and issue license and waive fees. (c) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE WATER CARNIVAL Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve a $2,000.00 donation to 1992 Water Carnival. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-54 - SUBDIVISION ORDINANCE, PUBLIC SITE AND OPEN SPACES Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive first reading and set second reading for May 12, 1992. (b) RESOLUTION NO. 9698 - REQUESTING MN/DOT FOR COST PARTICIPATION ON T.H. NO. 22 IMPROVEMENTS, LETTING NO. 3, PROJECT NO. 92-05 The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF WELLNESS PROGRAM PROPOSAL (DEFERRED JANUARY 14, 1992) Finance Director Kenneth B. Merrill and Robin Erickson of the hospital staff reviewed the wellness program. Fol- lowing discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve the proposal. (b) CONSIDERATION OF TRANSFER OF CABLE TELEVISION FRANCHISE (DEFERRED JANUARY 28, 1992) Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to set May 26, 1992 at 8:00 P.M. for the public hearing. Dave Roselle of D. D. Cable Partners requested the hearing 3 CITY COUNCIL MINUTES - APRIL 28, 1992 be held on May 12, 1992 since the company would be clos- ing on the sale the end of May. He was informed the City must advertise 10 days prior to a public hearing, and there would not be adequate time to meet the paper's pub- lication deadline. (c) UPDATE STATUS OF WORD OF LIFE ISSUES The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to defer. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to authorize discontinuation of service on May 4 at noon unless other arrangements had been made. (b) CONSIDERATION OF AWARDING BIDS FOR: 1. $605,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1992 Following a presentation by Bond Consultant Bill Fahey, the motion was made by Councilman Erickson to award the bid to Park Investment Corporation and to waive reading and adopt Resolution No. 9707. Motion seconded by Councilman Lenz and unanimously carried. 2. $325,000 GENERAL OBLIGATION REFUNDING RECREATION CENTER BONDS, SERIES 1992 Based on Mr. Fahey's recommendation, the motion was made by Councilman Mlinar to award the bid to FBS Investment Services and to waive reading and adopt Resolution No. 9708. Motion seconded by Councilman Torgerson and unanimously carried. 3. $1,200,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 1992 Based on Mr. Fahey's recommendation, the motion was made by Councilman Torgerson to award the bid to Norwest Investment Services and to waive reading and adopt Reso- lution No. 9709. Motion seconded by Councilman Mlinar and unanimously carried. 4 CITY COUNCIL MINUTES - APRIL 28, 1992 (c) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE TO MARK GAARDER, DBA THE HANGAR BAR & GRILL; FLYER'S NIGHT CLUB Mayor Ackland reviewed the issues concerning the license. Mark Gaarder stated he had hired a management company to operate the liquor establishment, and it was headed by Tom Dolder. Building Official Jim Marka commented on a parking prob- lem at the restaurant/bar. He also stated the proposed sliding glass door would require a building permit. If the owner intended to serve liquor outside the establish- ment, he would need a variance on his liquor license. Also, liquor could not be consumed in the volleyball court area outside the building. No action was required at this time. (d) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE TO STEVE PICHA, DBA HUTCH PIZZA, INC.; J'S PIZZA GARTEN/ SPORTS BAR Mayor Ackland commented on concerns expressed at the last Council meeting in addition to recent information. He suggested a public hearing to revoke the license from be- ing issued and to make it null and void. Mark Carrigan, attorney for Steve Picha, requested that the Council delay any action to enable him to pursue the matter. Following discussion, the motion was made by Councilman Torgerson to set a public hearing for May 26, 1992 at 8:00 P.M. and to direct the City legal counsel and Mr. Picha's legal counsel to meet and discuss the concerns. Motion seconded by Councilman Mlinar and unanimously car- ried. (e) REVIEW OF 1992 GENERAL FUND BUDGET ADJUSTMENTS Finance Director Merrill reported on the 1992 legislative tax bill and the addition of a 6.5% sales tax on all city and county purchases, effective June 1, 1992. He then requested the Council rescind the actions of the March 10 meeting relating to the City budget. Following discussion, the motion was made by Councilman 5 CITY COUNCIL MINUTES - APRIL 28, 1992 Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the request pertaining to areas 1-3 and recommendations in 4 as presented and contained in the Finance Director's memorandum dated April 23, 1992. (f) CONSIDERATION OF LICENSING FOR REFUSE HAULERS Wayne Albrecht, Junker Sanitation manager, inquired about the pickup of white goods and hard goods as well as the potential of multiple haulers for the City. Following discussion of the proposed licensing ordinance, Councilman Torgerson moved to approve and waive first reading of Ordinance No. 92-57 and set second reading for May 12, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR INTERIM GARBAGE PICKUP FOR SERVICE BETWEEN JULY 1, 1992 TO OCTOBER 1, 1992 City Administrator Plotz stated the advertisement would be for the same type of service as the City presently had. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve advertising. (h) DISCUSSION OF POLICY ALTERNATIVES FOR DELINQUENT AND DEFERRED ASSESSMENTS The motion was made by Councilman Lenz to defer. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF POLICY ON TAX FORFEITURE ASSESSMENTS The motion was made by Councilman Torgerson to defer. Motion seconded by Councilman Erickson and unanimously carried. (j) CONSIDERATION OF ADVERTISING FOR BIDS TO PURCHASE COMBINATION JET AND VACUUM TRUCK Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve advertising for bids. L CITY COUNCIL MINUTES - APRIL 28, 1992 RECESS: The City Council adjourned at 9:55 P.M. for a recess and reconvened at 10:10 P.M. (k) DISCUSSION OF HUTCHINSON AREA TRANSPORTATION SERVICES FACILITY REPORT Engineer Rodeberg reported on the proposed joint facility between city/county/state and the potential savings. He requested authorization to proceed to the next step of site selection to do soils and environmental studies. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve proceeding to next step. (1) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO. 9, PROJECT NO. 92-14 & 92-15 Following Engineer Rodeberg's report on the project, the motion was made by Councilman Torgerson to approve and accept the engineer's report, to do work on project No. 92-14 only, and to waive reading and adopt Resolution setting a hearing. Motion seconded by Councilman Lenz. The motion was withdrawn. Councilman Torgerson moved to accept the waiver for a hearing, to order plans and specifications for project No. 92-14, and to waive readings and adopt Resolutions No. 9699 and No. 9700. Motion seconded by Councilman Mlinar and carried, with Councilman Erickson abstaining from voting. (m) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 4, PROJECT NO. 92-07 Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve plans and specifications, to adver- tise for bids, and to waive reading and adopt Resolution No. 9701. (n) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT NO. 92-01 Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously car- ried, to approve preparation of Assessment Roll No. 275A, 7 CITY COUNCIL MINUTES - APRIL 28, 1992 to hold a hearing on May 12, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9702 and No. 9703. (o) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT NO. 92-03 AND NO. 92-04 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve preparation of Assessment Roll No. 275B, to hold a hearing on May 12, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9704 and No. 9705. (p) CONSIDERATION OF AWARDING LETTING NO. 1/PART B FOR PROJECT NO. 92-03, PRIEBE ADDITION AND PROJECT NO. 92-04, BETKER'S SECOND ADDITION The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to table. (q) CONSIDERATION OF APPROVING MN/DOT TRAFFIC CONTROL SIGNAL AGREEMENT FOR LETTING NO. 5, PROJECT NO. 92-08, MAIN STREET (TH 15) TRAFFIC CONTROL AND SIGNAL IMPROVEMENTS Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve and enter into agreement and to waive reading and adopt Resolution No. 9710. (r) DISCUSSION OF GIS/GPS DEVELOPMENT Engineer Rodeberg reported on the study for development of a geographic information system data base map and system. The Hutchinson Utilities Commission provided funding to complete the GIS data base map ($27,500 esti- mated total cost), with the understanding that the City would pay for its share of the costs at some future time. No action was required. (s) DISCUSSION OF TREBELHORN/BRANDT ENCROACHMENT AND DRAINAGE ISSUE Mr. & Mrs. Robert Brandt, 735 Church Street, stated their neighbor had violated his building permit with a two foot encroachment onto the Brandt property. 8 CITY COUNCIL MINUTES - APRIL 28, 1992 The Assistant City Attorney stated there were three vio- lations: (1) a trespass claim against Trebelhorn, (2) violation of building permit, with potential of an in- junction to remove the additional concrete, and (3) drainage onto the Brandt property. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to begin legal proceedings against Trebelhorn. (t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY. 15 NORTH FOR MINI -STORAGE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (u) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD SMITH ON ROBERTS ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (v) CONSIDERATION OF VACATION OF UTILITY EASEMENT REQUESTED BY RICHARD SMITH IN STONEY POINT THIRD ADDITION WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (w) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY. 7 WEST WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (x) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FIRST ADDITION TO PETERSON TERRACE SUBMITTED BY REDMAN REAL ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman wt CITY COUNCIL MINUTES - APRIL 28, 1992 Mlinar, seconded by Councilman Lenz and unanimously car- ried, to approve the final plat and to waive reading and adopt Resolution No. 9706. (y) CONSIDERATION OF PRELIMINARY PLAT OF GOLF VIEW SUBDIVISION SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Lenz to approve the preliminary plat and to waive reading and adopt Resolution No. 9711. Motion seconded by Coun- cilman Torgerson and carried, with Councilman Erickson abstaining from voting. (z) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY SKIP QUADE, ACOMA TOWNSHIP, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Skip Quade appealed the Planning Commission's recommenda- tion to reject his preliminary plat. During discussion Engineer Rodeberg expressed concerns about future prob- lems with the septic system and the small lot size. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to approve the preliminary plat and refer to the County with the stipulations that there be a subdivision agreement and certified septic systems installed by certified install- ers. (aa) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DAN HUEBERT, ACOMA TOWNSHIP, TWO MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to refer to the County with no objection. (bb) CONSIDERATION OF ONE-TIME SIX MONTH VARIANCE EXTENSION FOR CEDAR CREST ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve. (cc) CONSIDERATION OF REZONING FROM AGRICULTURAL TO RESIDENTIAL REQUESTED BY SKIP QUADE, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION 10 CITY COUNCIL MINUTES - APRIL 28, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to refer to the County with a favorable recommendation. (dd) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEED LOT REQUESTED BY TIM ALBRECHT, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to refer to the County with unfavorable recommendation. (ee) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE HOME REQUESTED BY OLIVER JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried, to refer to the County with no objection. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on a recycling problem at the Civic Arena and suggested several solutions. The motion was made by Councilman Erickson to eliminate the recycling bins from the present site and locate them at the compost site through the summer, with a monitor. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the recent meeting regard- ing the dam and commended the Director of Engineering on how he handled it. (c) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson mentioned the discussion of pigeons in the downtown area at the Safety Council meeting. He stated something needed to be done. (d) City Attorney Anderson reported he would prepare some material on the Word of Life issue for the next meeting. 11 CITY COUNCIL MINUTES - APRIL 28, 1992 (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the layout for the Adams Street project. He stated the County Board authorized the north two blocks of Jefferson as a temporary county road during the detour. Therefore, the County will do repair work on it, and there was a written agreement be- tween the state and county regarding maintenance. The Director of Engineering stated two bids were received to seal the well located at the Dairy Queen. Twin City Testing submitted a bid for $1,500, and L.T.P. had a bid for $150. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to award the bid to L.T.P. 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 11:25 P.`M. 12