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11-27-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 27, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Thor Skeie. 3. MINUTES The minutes of the regular meeting of November 13, 1984 and bid opening of November 13, 1984 were approved as presented. PRESENTATION Alderman Torgerson presented a plaque to Myron Johnson on behalf of the City and the Minnesota Safety Council in recognition of his meritorious service to the community. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1984 2. PLANNING COMMISSION MINUTES DATED OCTOBER 16, 1984 3. AIRPORT COMMISSION MINUTES DATED NOVEMBER 14, 1984 Mayor Stearns ordered the report and minutes to be received for filing. (b) CONSIDERATION OF APPOINTMENT OF DON PANKAKE TO AIRPORT COMMISSION It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to ratify the appointment. Motion unanimously carried. (c) CONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES PERMIT 1. LEONARD RIEMANN 2. CYNTHIA BEADELL The motion was made by Alderman Mlinar to approve and issue said permits. Alderman Torgerson seconded the motion, and it carried unanimously. COUNCIL MINUTES NOVEMBER 27, 1984 (d) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT: 1. JEFF HAAG 2. RICHARD EWERT JR. 3. RICHARD SMYKALSKI 4. OTTO TEMPLIN 5. GENE BETKER 6. GILBERT LEHMAN 7. RANDY PETERSON 8. LLOYD CHRISTENSEN Alderman Carls made the motion to approve and issue snow removal permits. The motion was seconded by Alderman Mlinar and unani- mously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) WATERMAIN IMPROVEMENT PROJECT NO. 85-01-33 Mayor Stearns called the public hearing to order at 8:00 P.M. for consideration of a watermain improvement. City Engineer Priebe presented previous data regarding the proposed watermain and appurtenances to be constructed on Ontario Street, Third Avenue Southeast and Huron Street. The estimated cost of the project was $22,400. Mr. Al Schramm stated he was representing his mother, Dorothy Schramm, who owned property on Ontario Street. He inquired about the cost of the project and assessable cost. The motion was made by Alderman Torgerson to close the hearing at 8:10 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. Alderman Torgerson moved to approve project No. 85-01-33 and to waive reading and adopt Resolution No. 7926. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CITY ATTORNEY TO ATTEND MINNESOTA PUBLIC SECTOR LABOR LAW SEMINAR JANUARY 18, 1985 Following discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the request. Motion carried unanimously. (b) CONSIDERATION OF REQUEST BY FINANCE DIRECTOR TO ATTEND ADVANCED WORKSHOP IN CITY AUDITS DECEMBER 5, 1984 2 COUNCIL MINUTES NOVEMBER 27, 1984 After discussion, Alderman Carls moved to approve the request. Mo- tion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7920 - RESOLUTION RELATING TO CITY ENGINEERING AND ADMINISTRATION FEE It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 7920. Motion carried unanimously. (b) ORDINANCE NO. 25/84 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRI- TORIES BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON The motion was made by Alderman Torgerson to waive the second read- ing and adopt Ordinance No. 703. Alderman Carls seconded the mo- tion and it unanimously carried. (c) ORDINANCE NO. 26/84 - AN ORDINANCE GRANTING AN EASEMENT TO CERTAIN MUNICIPALLY OWNED PROPERTY Alderman Torgerson moved to waive the second reading and adopt Or- dinance No. 704. The motion was seconded by Alderman Carls and carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VARIANCE AS SUBMITTED BY ERICKSON OIL COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED NOVEMBER 13, 1984) It was moved by Alderman Torgerson to table this item until such time as a written statement has been presented to the City Council. Alderman Mikulecky seconded the motion, and it unanimously carried. (b) REVIEW OF LIQUOR LICENSE FOR T.L. SCALAWAGS,INC. (DEFERRED NOVEMBER 13, 1984) It was reported there was a request by the owner to defer action for two weeks. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to defer action until the next City Council meet- ing. Motion carried unanimously. (c) CONSIDERATION OF WINTER INTERMENT AND SPRING BURIAL AT CEMETERY (DEFERRED NOVEMBER 13, 1984) Following discussion of alternative price structures for burial, 3 COUNCIL MINUTES NOVEMBER 27, 1984 the motion was made by Alderman Mlinar to approve alternative No. 7: summer $150, winter $250, and lot price $175. Alderman Miku- lecky seconded the motion, and it unanimously carried. (d) REVIEW OF GASOLINE PURCHASED BY CITY (REQUESTED BY ALDERMAN PAT MIKULECKY) (DEFERRED NOVEMBER 13, 1984) After discussion, the motion was made by Alderman Mikulecky to direct the Maintenance Operations Director to contact the School District for a copy of their gasoline specifications for adaptation to City use and to contact all local service stations regarding City gasoline service. Alderman Carls seconded the motion, and it carried unanimously. (e) CONSIDERATION OF 1985 IMPROVEMENT PROJECT NO. 85-01-24 (DEFERRED NOVEMBER 13, 1984) It was moved by Alderman Mlinar, seconded by Alderman Carls, to de- fer this item to the December 11, 1984 Council meeting. Motion carried unanimously. (f) CONSIDERATION OF SETTLEMENT OF DOWNTOWN PARKING APPEALS Following discussion on the parking program assessments, Alderman Mlinar moved to approve the City Attorney's second alternative for settlement, ie., average the current appraisals obtained by the City and the appellant. The motion was seconded by Alderman Miku- lecky and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. Upon motion by Alderman Torgerson, seconded by Alderman Mikulecky, it was moved to authorize discontinuation of service on December 3, 1984 at noon unless other arrangements were made. The motion carried unanimously. (b) CONSIDERATION OF REPORT BY COMMUNITY SERVICES OFFICER ON STRAY DOGS A report was presented, but no action was taken. (c) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE BY V.F.W. AUXILIARY The motion was made by Alderman Mlinar to approve and issue the li- cense. Alderman Carls seconded the motion, and it unanimously car- ried. 4 COUNCIL MINUTES NOVEMBER 27, 1984 (d) CONSIDERATION OF ESTABLISHING HEARING DATE FOR FEDERAL REVENUE SHARING BUDGET It was moved by Alderman Carls, seconded by Alderman Mlinar, to set a public hearing on the federal revenue sharing budget for December 11, 1984 at 8:00 P.M. Motion carried unanimously. Alderman Torgerson made the motion to approve designating funds for the budget. The motion failed for lack of a second. The motion was made by Alderman Mlinar to designate a $200,000 ex- penditure for a public safety building. Alderman Mikulecky seconded the motion, and it unanimously carried. (e) CONSIDERATION OF BUDGET REVIEW OF ENTERPRISE FUNDS: 1. LIQUOR STORE 2. WATER/SEWER/REFUSE 3. CENTRAL GARAGE After a budget review by the Finance Director, it was moved by Ald- erman Torgerson to approve the three budgets. The motion was sec- onded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF ESTABLISHING POOL AND RECREATION CONSTRUCTION FUND AND CLOSING CAPITAL PROJECT 1983 FUND It was moved by Alderman Carls, seconded by Alderman Mikulecky, to approve and waive reading and adopt Resolution No. 7925. Motion unanimously carried. (g) CONSIDERATION OF ENTERING INTO AGREEMENT WITH ELECTRO WATCHMAN FOR WASTEWATER TREATMENT PLANT The motion was made by Alderman Mikulecky to approve and enter into agreement with Electro Watchman. Alderman Mlinar seconded the motion, and it carried unanimously. (h) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY ROBERT MCGEE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to approve the variance and to waive reading and adopt Resolution No. 7921. The motion was seconded by Alderman Torgerson and carried unanimously. (i) CONSIDERATION OF REQUEST FOR REZONING SUBMITTED BY R. KABLE, D. BUECHELE AND W. BACON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After extensive discussion, the motion was made by Alderman Mlinar 5 COUNCIL MINUTES NOVEMBER 27, 19$4 to table the item indefinitely. The motion was seconded by Alder- man Torgerson and failed, with Aldermen Mlinar and Torgerson voting aye and Aldermen Carls and Mikulecky and Mayor Stearns voting nay. Alderman Carls then moved to defer the item until such time as the Planning Commission and City Council could consider amending the existing zoning ordinance to require a "site plan" with the zoning request. Alderman Mlinar seconded the motion. It was determined the motion was out of order. The motion was made by Alderman Carls to deny the rezoning request and to request the City Council and Planning Commission to consider a change in the zoning ordinance to combine the site plan and re- zoning request. Alderman Mlinar seconded the motion. The motion was amended by Alderman Mlinar to include the following reasons for denial: public safety hazard, increased traffic, change in property value, and the present character of the neighborhood. Alderman Carls seconded the amended motion, and it carried four to one, with the Mayor voting nay. The motion with the amendment was voted on and carried three to two, with Aldermen Carls, Mlinar and Mikulecky voting aye and Alderman Torgerson and Mayor Stearns voting nay. (j) CONSIDERATION OF REQUEST FOR SIGN VARIANCE SUBMITTED BY MID- CONTINENT THEATRE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STIPULATIONS After discussion, Alderman Mlinar moved to approve the sign var- iance and to waive reading and adopt Resolution No. 7922. The mo- tion was seconded by Alderman Torgerson and unanimously carried. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCHINSON MANUFACTURING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH NOTATION Following discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the conditional use permit and to waive reading and adopt Resolution No. 7924. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY SCHLUETER REFRIGERATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH NOTATION After discussion, the motion was made by Alderman Torgerson to ap- prove the conditional use permit and to waive reading and adopt Resolution No. 7923. Alderman Carls seconded the motion, and it unanimously carried. (m) CONSIDERATION OF REQUEST FOR REZONING SUBMITTED BY ROBERT HORNICK WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION N COUNCIL MINUTES NOVEMBER 27, 1984 It was reported that Mr. Robert Hornick had withdrawn his request, and he would be submitting a request for IC -1 zoning. No action taken. (n) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 9 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the amendment and to waive first reading of Ordinance No. 27/84 and to set second reading for December 11, 1984. The motion was seconded by Alderman Carls and carried unanimously. (o) CONSIDERATION OF SKETCH PLAN SUBMITTED BY HERB FILK TO COUNTY After considerable discussion, the motion was made by Alderman Tor- gerson to approve the sketch plan with the contingency of a sub- division agreement. Alderman Mikulecky seconded the motion, and it unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported two applications were received after the Council packet was completed and required Council action, namely a Christmas tree sales permit for Charles Pulkrabek and a gambling devices license for the V.F.W. Cooties. Alderman Mikulecky moved to approve the Christmas tree sales permit and issue license to Charles Pulkrabek. Motion seconded by Alder- man Mlinar and carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and issue a gambling devices license to the V.F.W. Cooties. Motion carried unanimously. Mr. Plotz reported on a recommendation from Consultant Dwight Tange regarding changing insurance carriers for Directors and Officers liability for the Hutchinson Community Hospital and Burns Manor L Municipal Nursing Home. Following discussion, it was moved by Alderman M linarto approve a change of carrier for Directors and Officers liability insurance for Hutchinson Community Hospital and Burns Manor Municipal Nursing Home as recommended. The motion was seconded by Alderman Carls and unanimously carried. Administrator Plotz commented on a recent letter from the M.P.C.A. regarding funding for the proposed Hutchinson wastewater treatment plant. Discussion was then given to the value of pursuing the CCBA process. 7 COUNCIL MINUTES NOVEMBER 27, 1984 (b) COMMUNICATION FROM MAYOR ROBERT H. STEARNS Mayor Stearns reported the newly created Cable TV Advisory Commit- tee would be comprised of the following during its organizational stage: Attorney G. Barry Anderson, Donald Schumacher, George Halo - nen, Donald Hansen, Alice Paul, and Mark Myers. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to ratify the appointments. Motion unanimously carried. (c) COMMUNICATION FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the possibility of constructing escape lanes near the bridge on Highway 7 West. He stated there was a safety hazard in that area which needed attention before a serious accident occurred. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the claims and authorize payment from the ap- propriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:10 P.M.