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02-13-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL THURSDAY, FEBRUARY 13, 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 Gregory Deiss. 3. MINUTES The minutes of the regular meeting of January 28, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1992 2. PARK & RECREATION BOARD MINUTES - DECEMBER 18, 1991 3. AIRPORT COMMISSION MINUTES - JANUARY 27, 1992 (b) RENEWAL OF CLUB LIQUOR LICENSES 1. CROW RIVER COUNTRY CLUB 3. V.F.W. 2. ELKS (c) APPOINTMENTS PLANNING COMMISSION - William Craig REFUSE CONTRACT COMMITTEE - Paul Ackland, Bob Bowen, Frank Mott, Janis Rannow, Phil Schweizer, Marlin Torgerson, and John "Jack" Yates The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed, to issue licenses, and to ratify ap- pointments. 5. PUBLIC HEARING - 8:00 P.M. (a) BLUFF STREET BRIDGE OVER CROW RIVER Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4341 regarding Bluff Street Bridge. No one was present to be heard. Councilman Torgerson moved to close the hearing at 8:01 P.M. Motion seconded by Councilman Mlinar and unanimously carried. The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to approve the bridge replacement and to waive reading and adopt Resolu- tion No. 9657. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REQUEST BY POLICE CHIEF TO ATTEND OUT-OF-STATE FBI NATIONAL ACADEMY CONFERENCE APRIL 26-29, 1992 Following discussion, the motion was made by Councilman Torgerson to approve. Motion seconded by Councilman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9658 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICE The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9659 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICE The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9660 - RESOLUTION OF AFFIRMATION BY THE CITY OF HUTCHINSON TO CONTINUE AS A "STAR CITY" FOR THE PURPOSE OF ECONOMIC DEVELOPMENT The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (d) ORDINANCE NO. 92-51 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, CHANGING THE BOUNDARIES OF ELECTION PRECINCTS AND ADOPTED BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS 0 CITY COUNCIL MINUTES - FEBRUARY 13, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive second reading and adopt ordinance. (e) ORDINANCE NO. 92-52 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.22 DEALING WITH PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive second reading and adopt ordinance. (f) ORDINANCE NO. 92-53 - AN ORDINANCE REVISING THE ZONING ORDINANCE NO. 464 FOR THE CITY OF HUTCHINSON The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive sec- ond reading and adopt ordinance. 8. UNFINISHED BUSINESS (a) HUTCH, INC. - COUNTRY CLUB TERRACE MOBILE HOME PARK 1. TEMPORARY EVACUATION PLAN 2. PLANS AND SPECIFICATIONS FOR PERMANENT STORM SHELTER 3. CONSTRUCTION SCHEDULE FOR SHELTER City Administrator Plotz reported Bill Block would not be at the meeting. The motion was made by Councilman Lenz to defer to the next meeting. Motion seconded by Coun- cilman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF SURFACE WATER MANAGEMENT PLAN Engineer Rodeberg reported on the water storage tank con- struction proposed for 1993. He requested authorization to begin negotiations for a consultant contract for the water storage tank. The proposals will be brought back to the Council. 3 CITY COUNCIL MINUTES - FEBRUARY 13, 1992 Following discussion, the motion was made by Councilman Torgerson to accept the Engineer's recommendation and ap- prove the water storage tank. Motion seconded by Coun- cilman Mlinar and unanimously carried. (b) CONSIDERATION OF ENTERING INTO AGREEMENT WITH DAKOTA RAIL FOR PHASE II DOWNTOWN REDEVELOPMENT Following comments by the City Attorney, Councilman Erickson moved to approve and enter into contract. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. (c) CONSIDERATION OF ENTERING INTO DEVELOPMENT AGREEMENT WITH ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN REDEVELOPMENT Following discussion, the motion was made by Councilman Lenz to defer. Motion seconded by Councilman Erickson and unanimously carried. (d) CONSIDERATION OF ENTERING INTO EXCHANGE AGREEMENT WITH ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN REDEVELOPMENT Following discussion, the motion was made by Councilman Lenz to defer. Motion seconded by Councilman Erickson and unanimously carried. (e) CONSIDERATION OF ENTERING INTO PURCHASE AGREEMENT WITH ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN REDEVELOPMENT Following discussion, the motion was made by Councilman Lenz to defer. Motion seconded by Councilman Erickson and unanimously carried. The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to set a special meeting for 12:00 noon, February 18, 1992 to discuss items c, d and e, and to hold a closed meeting to discuss the court decision regarding Junker litigation. (f) CONSIDERATION OF PERMANENT PART-TIME SECRETARIAL POSITION IN BUILDING DEPARTMENT Following discussion, the motion was made by Councilman Torgerson to approve. Motion seconded by Councilman Lenz and unanimously carried. 4 CITY COUNCIL MINUTES - FEBRUARY 13, 1992 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented the Knights of Columbus had submitted a gambling license application. Following dis- cussion, the motion was made by Councilman Mlinar, sec- onded by Councilman Lenz and unanimously carried, to ap- prove and issue license. The City Administrator reported the County Commissioners did not object to the tax increment plan. He stated the plan would be presented to the Planning Commission and School Board this month. It was reported the Tennis Association had requested a time schedule for an asphalt layer on the tennis courts at the elementary school. This item will be on the next Council agenda. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz asked about the joint meeting with the County Commissioners. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on a recent meeting of the Department of Economic Development Mainstreet Program. He inquired about the follow-up on the street light re- quests submitted to Hutchinson Utilities. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson made reference to an article he read on the Mainstreet Association regarding Farmers' Markets and their success when visible on Main Street. He sug- gested the Council consider a permanent home for the mar- ket by Fireman's Park. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported on the Hutchinson Farm Service purchase and sale agreement and supplement agreement #1. It was his recommendation to approve the agreement of purchase and sale and the supplemental agreement #1, con- tingent upon approval of the development agreement, and further contingent upon the delivery of the supplemental 5 CITY COUNCIL MINUTES - FEBRUARY 13, 1992 agreement and purchase and sale agreement to the Hutchin- son Farm Service by the City Attorney. Following discussion, Councilman Torgerson moved to ap- prove the purchase and sale with the contingencies recom- mended by the City Attorney. Motion seconded by Council- man Erickson and unanimously carried. The City Attorney stated the City had a limited window to examine the financial records of the cable franchise holder. The Cable TV Advisory Committee organized a meeting with Moss & Barnett and other cities involved with Star Midwest cable TV franchises. The firm of Moss & Barnett proposed an agreement for $1,250 to review the proposed transfer of sale of the cable television system and D.D. Cable. Following discussion, Councilman Erickson moved to ap- prove entering into a retainer agreement for consulting and legal assistance from Moss & Barnett to conduct an audit, not to exceed $1,250, with completion within 30 days. Administrator Plotz suggested adoption of a resolution to refer to the public utilities for review of its right of first refusal, if there was an interest to pursue it. Following discussion, Councilman Torgerson moved to waive reading and adopt Resolution No. 9662 to be referred to the public utilities. Motion seconded by Councilman Mlinar and unanimously carried. Attorney Anderson requested the Council to adopt a reso- lution to authorize the State Senator and Representative to initiate special legislation to allow Hutchinson to consider creating a Special Service District under M.S. Chapter 428A. The City then would be able to hold a public hearing to consider the matter. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9663. The City Attorney referred to the Junker litigation and requested a closed meeting to discuss whether or not the City should appeal the court decision. It was suggested to hold this meeting at the end of the special meeting on February 18. 0 CITY COUNCIL MINUTES - FEBRUARY 13, 1992 The motion was made by Councilman Lenz to hold the closed meeting to discuss the litigation and whether or not to appeal the court decision of the Junker Sanitation Service versus the City of Hutchinson. Motion seconded by Councilman Torgerson and unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested adoption of a resolution con- cerning a portion of County State Aid Route No. 12. The motion was made by Councilman Mlinar to waive reading and adopt Resolution No. 9661. Motion seconded by Councilman Torgerson and unanimously carried. The City Engineer reported that MN/DOT would not install the stop light for Shopko until October 1. However, the opening date for Shopko will be July 1. He had met with MN/DOT officials to attempt to speed up the installation of the light. Engineer Rodeberg asked for adoption of a resolution to send to MN/DOT regarding this matter. The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to authorize the City Engineer to prepare a resolution to MN/DOT. (g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland expressed reservations regarding the two resolutions brought to the Council for lobbing support for LAwCON and outdoor recreation grants funding. Following discussion, Councilman Lenz moved to table until the special meeting on February 18, 1992. Motion seconded by Councilman Mlinar and unanimously carried. 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 9:10 P.M. 7