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04-12-1994 CCMi - MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of March 22, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1994 2. LIBRARY BOARD MINUTES OF MARCH 10, 1994 3. AIRPORT COMMISSION MINUTES OF MARCH 28, 1994 (b) APPLICATION FOR SHORT-TERM RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE 1. ELKS LODGE NO. 2427 2. HUTCH HUSKIES BASEBALL ASSOCIATION (c) REISSUANCE OF GAMBLING LICENSE FOR ELKS LODGE (d) REISSUANCE OF GAMBLING LICENSE FOR HUTCHINSON VOITURE 414 40 & 8 (AMERICAN LEGION) (e) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94-107 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN WAGNER DEVELOPMENT CORPORATION PLAT (SECOND READING AND ADOPTION) (f) RATIFICATION OF APPOINTMENTS TO LIBRARY BOARD > SUE MUNZ > PAUL WRIGHT F -A CITY COUNCIL MINUTES - APRIL 12, 1994 The motion to approve the consent agenda items was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 7, PROJECT NO. 94-07 (SOUTH GRADE ROAD/ TH 15 TO DALE STREET/FEDERAL AID) Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of hearing for Letting No. 7, Project No. 94-07. Engineer Rodeberg explained the project improvements and commented on the proposed assessments. Burgess Gruendemann, 860 South Grade Road, inquired where the curb would be replaced and what the listed assessment would cover. He asked if the water hookups would affect his property. Valerie Doering, 954 Steven Street, wondered what credit would be given for a recent assessment on her corner lot property. Engineer Rodeberg noted the Doering property probably would not be assessed for this project. The motion to close the hearing at 8:18 P.M. was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Mayor Torgerson made reference to the letter received from Earl Fitzloff regarding the intersection of Lynn Road and South Grade Road. Engineer Rodeberg stated this particular intersection has been reviewed by several different engineers, and they all arrive at the same solution. There is no other alternative that would provide better safety. Engineer Rodeberg stated the accident count has dropped since the improvements were made on Lynn Road and South Grade Road. Following discussion, the motion to approve Project No. 94-07, to order preparation of plans and specifications, and to waive reading and adopt Resolution No. 10180 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - APRIL 12, 1994 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITIONS FOR FOUR-WAY STOP ON CORNER OF FIFTH AVENUE AND HARRINGTON STREET Following discussion, the motion to refer the petitions to the Police Department and Engineering Department was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF HCVN LEASE FOR SPACE IN CITY CENTER Attorney Anderson reported on the proposal for the HCVN lease to rent space in City Center. He stated a concrete step was needed in the back of the building for access to the HCVN area. Following discussion, it was the consensus of the Council Members to have the Finance Director prepare a recommendation on the loan funding for the next Council meeting. (b) CONSIDERATION OF REQUEST FOR $1,500 DONATION FROM CITY FOR HUTCHINSON JAYCEE WATER CARNIVAL It was noted the City Council had budgeted $1,000.00 for the 1994 Hutchinson Jaycee Water Carnival. Following discussion, the motion to approve the budgeted $1,000.00 donation for the Jaycee Water Carnival was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF LMCIT OPEN MEETING LAW DEFENSE COST COVERAGE Following discussion, the motion to defer to the next meeting was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. 3 CITY COUNCIL MINUTES - APRIL 12, 1994 (d) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 2, PROJECT NO. 94-02 (WALNUT RIDGE --PHASE II) Following discussion, the motion to approve the plans and specifications, to advertise for bids on May 6, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10181 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 5, PROJECT NO. 94-05 (ISLAND VIEW HEIGHTS FIRST ADDITION) Following discussion, the motion to approve the plans and specifications, to advertise for bids on May 6, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10182 was made by Council member Erickson, seconded by Council Member Mlinar and unanimously carried. (f) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 8, PROJECT NO. 94-08 & NO. 94-09 Following discussion, the motion to approve the plans and specifications, to advertise for bids on May 13, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10183 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (g) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON LETTING NO. 9, PROJECT NO. 94-26 Following discussion, the motion to approve report, to waive hearing on improvement, to order plans and specifications, and to waive readings and adopt Resolutions No. 10184, 10185 and 10186 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 9, PROJECT NOS. 94-10 THROUGH 94-17, 94-26 (1994 SIDEWALK/ PAVING PROGRAM) Following discussion, the motion to approve plans and specifications, to advertise for bids on May 9, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. rd CITY COUNCIL MINUTES - APRIL 12, 1994 10187 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (h) CONSIDERATION OF RECEIVING PETITION AND REPORT, WAIVING HEARING, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS ON LETTING NO. 10, PROJECT NO. 94-18 AND 94-25 Following discussion, the motion to approve report, to waive hearing on improvement, to order plans and specifications, and to waive readings and adopt Resolutions No. 10188-10193 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR LETTING NO. 10, PROJECT NO. 94-18, 19, 25 Following discussion, the motion to approve plans and specifications, to advertise for bids on May 9, 1994 at 10:00 A.M., and to waive reading and adopt Resolution No. 10194 was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (i) CONSIDERATION OF AUTHORIZATION FOR CITY TO PARTICIPATE IN HUTCHINSON TECHNICAL COLLEGE AUCTION ON JUNE 9, 1994 Following discussion, the motion to approve a city auction on June 9, 1994 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (j) CONSIDERATION OF AWARDING BID FOR PURCHASE OF ONE NEW 1994 JOHN DEERE TRACTOR WITH ATTACHMENTS FOR PARK DEPARTMENT Following discussion, the motion to approve and award low bid to L & P Supply in the amount of $20,914.50 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (k) CONSIDERATION OF TRESPASSING PROGRAM FOR CITY OF HUTCHINSON Following a presentation by Assistant City Attorney Gina Brandt and Sgt. Ron Kirchoff, the motion to approve and to waive first reading of Ordinance No. 94-108 and set second reading for April 26, 1994 was made by Council 9 CITY COUNCIL MINUTES - APRIL 12, 1994 Member Craig, seconded by Council Member Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated the specifications for the Sheppard structures were revised and bids will be received on April 18, 1994. The City will be responsible for filling in the basement. The City Administrator commented on a County Solid Waste Management Board meeting. He reported that after the MPCA's second review of the yard waste/sewage sludge co - composting project application, it was determined ineligible for capital assistance funding under the CAP program. However, Engineer Ed Nevers of RUST Engineering will be working with the County on revisions for another grant application. Mr. Plotz made reference to a memorandum from Police Chief Madson regarding negotiating an agreement with Cellular 2000. In exchange for their firm utilizing the South park water tower as an antenna site, the City would receive a cellular telephone credit. A final agreement will be forthcoming. Administrator Plotz commented that the City Council workshop planned for April 26 would cover the topic of bond sizing, and the May 10 workshop would encompass the City's budgeting process. The motion to schedule City Council workshops at 5:30 P.M. on April 26, 1994 and May 10, 1994 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. It was noted that the liquor store consultant from Grinstead & Associates will be in Hutchinson on April 15, 1994 to inspect the Liquor Hutch and to prepare a final report for the City Council. (b) COMMUNICATIONS FROM EHLERS AND ASSOCIATES REGARDING REFINANCING HUTCHINSON COMMUNITY HOSPITAL'S $2,000,000 EQUIPMENT LEASE Finance Director Kenneth B. Merrill and President Steven F. Apfelbacher of Ehlers and Associates presented two C.1 CITY COUNCIL MINUTES - APRIL 12, 1994 refinancing options from Norwest Investment Services, Inc. for Hutchinson Hospital's installment purchase contract for equipment dated May 15, 1990. It was recommended that the Council consider Exhibit No. 2 at an interest rate of 5.23% and a future interest savings of $46,000. Following discussion, the motion to approve refinancing option Exhibit No. 2 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. It was reported by Finance Director Merrill that a representative from Moody's Investors Service will be visiting Hutchinson on May 17 or May 18. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that since the City Council received the skydiving agreement prior to the meeting, this item would be on the agenda of the April 26 meeting. (d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Councilman Craig commented on the traffic situation at the intersection of Hwy. 15 and South Grade Road. It was his observation that the street needed to be wider, but the occupants in this established section of town did not understand the need. Reference was made to a recent $3,000.00 donation from Hutchinson Technology to the Hutchinson Fire Department. It was moved by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried, to adopt Resolution No. 10196 for presentation to Hutchinson Technology in recognition of their generosity. (e) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Councilman Mlinar noted the forthcoming Minnesota Cities Unity Day and Rally on April 21. The motion to waive reading and adopt City Unity Day Resolution No. 10195 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg presented an assessment agreement with 7 CITY COUNCIL MINUTES - APRIL 12, 1994 Joe Kramer Enterprises, Inc. for Lot 4, Block 2, Paden's First Addition. He stated the assessment was to be set at 70-. per year. Mr. Kramer purchased the lot from the County for $32,000.00. Following discussion, the motion to approve the Kramer assessment agreement was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M. 9