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03-26-1991 CCMr MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 26, 1991 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen 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 Sherman Buschow. 3. MINUTES The minutes of the regular meeting of march 12, 1991; bid openings of March 22 and March 19, 1991 and special meeting of March 19, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1991 2. PLANNING COMMISSION MINUTES OF FEBRUARY 19, 1991 (b) GAMBLING LICENSE FOR MINNESOTA DEER HUNTERS ASSOCIATION RAFFLE (c) INTOXICATING LIQUOR LICENSES: 1. THE UNDERGROUND 2. VICTORIAN INN 3. THE COACH 4. THE GOLD COIN 5. O'TOOLE'S (d) REQUESTS FOR REDUCED REFUSE RATE (e) APPOINTMENT OF JIM MILLS TO NURSING HOME BOARD (7-1-91) The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to order report and minutes filed, issue licenses, with O'Toole's intox- icating liquor license contingent upon the necessary materials provided to City by March 27, 1991, approve reduced refuse rate, and ratify appointment. 1 CITY COUNCIL MINUTES - MARCH 26, 1991 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE ON APRIL 7, 1991 FOR PATRIOTIC PROGRAM Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve the use of Library Square and waive the rental fee for the recreation center in case of inclement weather. (b) CONSIDERATION OF REQUEST FOR MARION GRAHAM TO ATTEND LAB TRAINING SCHOOL IN EAU CLAIRE, WISCONSIN Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to approve the school. (c) DISCUSSION OF LODGING TAX BY BOB MLYNAR Mr. Bob Mlynar reported that four out of five lodging establishments favored the lodging tax extension. It was requested that the sunset provision be dropped from the proposed lodging tax ordinance. Following discussion, Alderman Erickson moved to approve the lodging tax, to drop the sunset provision in the ordinance, and to waive first reading of Ordinance No. 91-31 and set second reading for April 9, 1991. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST BY OPTIMIST CLUB TO USE LIBRARY SQUARE ON APRIL 20, 1991 FOR "GREEN -UP CLEAN-UP DAY" Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9457 - RESOLUTION FOR PURCHASE V, CITY COUNCIL MINUTES - MARCH 26, 1991 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WAL-MART (DEFERRED FEBRUARY 12, 1991) The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson, to defer. Following discussion, the mo- tion was unanimously rejected. Alderman Torgerson moved to approve the Wal-Mart subdi- vision agreement, contingent that it be signed, with all the conditions of the City being met. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve dis- continuation of service at noon on April 1 unless other arrangements had been made. (b) CONSIDERATION OF HANGING SPECIAL SPRING FLAGS ALONG MAIN STREET MainStreet Coordinator Kay Johnson reported on the spring theme and the project of hanging flags along Main Street, starting May 1. Following discussion, the motion was made by Alderman Erickson to remove the U.S. flags after the April 7 event in Library Square and install the special spring flags at date proposed. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF INDUSTRIAL WASTEWATER DISCHARGE FEE Following discussion of the permit application fee of $100 per year for each permit, the motion was made by Alderman Lenz to approve the fee and waive reading and adopt Resolution No. 9458. Motion seconded by Alderman K? CITY COUNCIL MINUTES - MARCH 26, 1991 Erickson and unanimously carried. (d) CONSIDERATION OF ADVERTISING FOR BIDS FOR NEW ENTRANCE AT CIVIC ARENA Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve advertising for bids. (e) CONSIDERATION OF APPLICATION FOR SOLICITORS LICENSE BY MIDWEST CITY DIRECTORY Sgt. Ron Kirchoff inquired about phone solicitation and a policy on issuing licenses. Following discussion, Ald- erman Torgerson moved that the City Administrator, City Attorney and Police Department come up with a recommenda- tion. Motion seconded by Alderman Erickson and unani- mously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and issue license. (f) CONSIDERATION OF APPROVAL OF AIRPORT CONSULTANT SELECTION FINALIST Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve Toltz, King, Duvall, Anderson & Asso- ciates as airport consultant. (g) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR JUUL CONTRACTING ON T.H. 7 EAST FOR LETTING NO. 3 (1990) Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve and enter into agreement, subject to verifying the accuracy of the total figure. (h) DISCUSSION OF MAIN STREET (T.H. 15) STRIPING PROPOSAL BY MN/DOT TRAFFIC ENGINEER KEITH VOSS Engineer Keith Voss reviewed MN/DOT's plan of striping on Hwy. 15 and 7. He stated the State would do all the pavement markings, except for the crosswalks. There was also discussion regarding the number of accidents at the 2 CITY COUNCIL MINUTES - MARCH 26, 1991 intersection of Hwy. 7 East and Bluff Street. It was the consensus that the City Council and MN/DOT should schedule a public hearing concerning striping, po- tential on -street parking reductions, and flow of traf- fic. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to hold a pub- lic hearing, 8:00 P.M., at the April 9, 1991 Council meeting. (i) CONSIDERATION OF ORDERING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 1, PROJECT NO. 91-01; LETTING NO. 2, PROJECT NO. 91-02; AND LETTING NO. 6, PROJECTS 91-10 & 91-12 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the plans and specifications, adver- tise for bids on April 22, 1991 at 2:00 P.M., and to waive reading and adopt Resolutions No. 9445, No. 9446 and No. 9447. (j) CONSIDERATION OF AWARDING BID FOR LETTING NO. 8, PROJECT NO. 91-15 (1991 ASPHALT PAVEMENT CRACK SEALING) Engineer Rodeberg commented on the bids received and rec- ommended awarding the bid to the low bidder, Sioux Falls Surface Seal. Mr. Bob Krueger, owner of Sioux Falls, re- ported that the problem the City had with their work last year was partly due to product error with the material used so some of the problems will be corrected by his company. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to award contract to low bidder, Sioux Falls Surface Seal for $14,720, and to waive reading and adopt Resolution No. 9448. (k) CONSIDERATION OF PRELIMINARY PLAT OF NORTH OAK RIDGE SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson questioned the name of the plat and suggested that "Oak" not be part of it. Following dis- cussion, the motion was made by Alderman Mlinar to ap- 5 CITY COUNCIL MINUTES - MARCH 26, 1991 prove the preliminary plat. Motion seconded by Alderman Torgerson and carried four to zero, with Alderman Erick- son abstaining. (1) CONSIDERATION OF VARIANCE REQUESTED BY MARVIN WILLHITE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve variance and Planning Commission recom- mendations, to waive reading and adopt Resolution No. 9449. (m) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF SCHOOL DISTRICT PLAT SUBMITTED BY HUTCHINSON SCHOOL DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz, to approve the plat. During discussion, it was recommended that traffic access the proposed site from Kay and Larson Streets, Dale Street off of 8th Avenue or from the south. Also, the school district was asked to consider putting in a buffer to the north side of the property with a berm and evergreens separating the school property and residential property. Supt. Glenn Matejka stated that the access route to the property could affect the location of any potential building on the site. However, this problem could be worked out prior to any future construction since the school district was made aware of the situation. Men- tion was made of the need for handicap transportation by mini -bus. It was pointed out by Supt. Matejka that it might be premature to spend money putting in a berm be- fore the school district knew the use of the property. No building was projected for the near future. Most likely, the land would be used for ballfields and open space. City Administrator Plotz reported that a school build- ing required a conditional use permit. All the condi- tions would be determined when the permit was approved. City Attorney Anderson commented that since the school was agreeable to the buffer, the details should be left for a future date. R CITY COUNCIL MINUTES - MARCH 26, 1991 Alderman Mlinar moved to amend the motion to include ap- proval based on primary access to the property from the east or south and some type of buffer or berm to be con- structed on the north side of the property. Motion sec- onded by Alderman Lenz. Mr. Kevin Cowles, 1105 Goebel Street, stated he bought his property in good faith and because of the park. Al- though there is a good working relationship between the City and school district, the School Board doesn't work with homeowners. Therefore, he suggested to table this item for a month so that the school district and home- owners could work out a compromise on (1) visual separ- ation between the school and residential property, (2) traffic access, and (3) park area. He would favor a berm if the property was being considered for a ball field or school field. Mr. Dave Anderson, 1055 Goebel Street, commented that he also bought in good faith. It was a dead-end street with a park across the road. He felt the property value was being decreased if the action under consideration was ap- proved. Mr. Anderson stated that it wasn't very often the master plan was changed. This new proposal was not in the original plan, which was for a residential area. A covenant agreement was signed, and the affected parties must deal with the covenant. He was bothered by the new plan and didn't feel protected if the plat map changed. City Attorney Anderson stated there would be a court pro- ceeding and some of the proposed policies would be dis- cussed. The use of the property could be changed; how- ever, the Comprehensive Plan was only a guide for the City to follow to conduct its public policy. He com- mented that schools were allowed in residential areas, and the school district can legally do what it's propos- ing. But the private property owners also need protec- tion. The task is to determine the most appropriate use for the property. Alderman Mlinar interjected that there had to be just cause for a denial. Dr. Tom Lyke, member of the Planning Commission, stated he was speaking on his own behalf. He commented that there was a procedure to follow on the original plat of iFA CITY COUNCIL MINUTES - MARCH 26, 1991 property. He pointed out that there were two preliminary plats for discussion, and all were in agreement as to how they should be developed. The school district showed no interest in the property at that time. Since public hearings were held, he questioned why this issue wasn't addressed during the platting stages. The Wagners didn't express any opposition to a park in the area. A public hearing was held for the final plat, and it was carefully platted. Then it was approved by the City Council. The Planning Commission did not deviate from following the plan. He felt that once the covenant was signed, it should be followed since consistency was important. Dr. Lyke thought it was the obligation of the govern- mental body to protect the citizenry; they should not have to protect their own rights. Rev. Brian Brosz, 685 Kay Street, asked why it was so im- portant to expand in the areas where the other buildings were located. He questioned if the kids had to be bused to one central location. Supt. Matejka responded that the schools were not all in one area. However, the school district could not find another available location. The district annexed prop- erty to build the Middle School. He stated a lot of planning went into the selection of school sites, and there are long-range plans to add on to West Elementary and the Middle School instead of building at another site. The school district cannot predict the future. Nancy Anderson, 1055 Goebel Street, asked why the school hadn't considered property across School Road or South Grade Road. She expressed concern regarding heavy traf- fic and inquired about the possibility of erecting stop signs and putting in crosswalks. She stated that the Comprehensive Plan did not have the Wagner Development as one big area. The plat planned for a park in the area. The City Engineer reported that the law required one acre of land for each 100 students. At present, the school district is short three acres. Alderman Torgerson encouraged the property owners in the area to talk to the School Board members and others to learn all the facts regarding the use of the property. 8 CITY COUNCIL MINUTES - MARCH 26, 1991 Attorney Anderson stated that the existing covenant park could be vacated and public hearings held, at which time the property owners could object. An advantage to delay action would be: (1) to allow some issues to be resolved, (2) to deal with the expectation of the property owners that the original plat would never change, and (3) to deal with public policy concerns. Supt. Matejka requested the Council to delay acting on this matter and invited the property owners to attend the School Board meeting on April 9, 1991 at 5:30 P.M. to discuss this issue further and to clarify some misunder- standings. The motion was made by Alderman Mlinar to amend the motion to accept Supt. Matejka's recommendation and to table until the April 23, 1991 Council meeting. The mo- tion was seconded by Alderman Torgerson and carried four to zero, with Alderman Erickson abstaining from voting. (n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON SCHOOL DISTRICT IN WAGNER DEVELOPMENT CORP. PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to table the con- ditional use permit until the April 23, 1991 Council meeting. (o) CONSIDERATION OF REQUEST BY HUTCHINSON TECHNOLOGY, INC. TO REZONE FROM R-2 TO I-1 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and waive first reading of Ordinance No. 91-32 and set second reading for April 9, 1991. (p) CONSIDERATION OF VARIANCE REQUESTED BY 3M COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the variance and waive reading and adopt Resolution No. 9452. �7 CITY COUNCIL MINUTES - MARCH 26, 1991 (q) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the conditional use permit and waive reading and adopt Resolution No. 9453. (r) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON MFG. & SALES INC., WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimous- ly carried, to approve the conditional use permit and waive reading and adopt Resolution No. 9454. (s) CONSIDERATION OF VARIANCE REQUESTED BY BRUCE RANNOW WITH NO RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the variance and waive reading and adopt Resolution No. 9455. (t) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HOWARD'S ADDITION SUBMITTED BY WARD HAUGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION During discussion, the City Attorney reported that Ward Haugen had been very cooperative with the City. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the plat and waive reading and adopt Resolution No. 9456. (u) CONSIDERATION OF SKETCH PLAN SUBMITTED BY PETE KASAL (TWO MILE RADIUS - LYNN TOWNSHIP) Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to refer to the County with no objection. (v) CONSIDERATION OF PROPOSED CUTS FOR 1991 CITY BUDGET Following a presentation by Finance Director Kenneth 10 CITY COUNCIL MINUTES - MARCH 26, 1991 Merrill, the City Council asked to go on record that if the completed 1990 finance report showed a growth in sur- plus, they would look at the surplus to buy capital expenditures. Also, the Council would look at using bond funds to obtain capital equipment for engineering. They would, likewise, review some of the programs that have been added to the budget in recent years. There was also discussion regarding replacement of the street department garage door this year. The motion was made by Alderman Torgerson to approve the recommendations of the Finance Director. Motion sec- onded by Alderman Mlinar and unanimously carried. (w) CONSIDERATION OF HOSPITAL BOARD RECOMMENDATION TO APPROVE PURCHASE OF CAT SCAN EQUIPMENT Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the unit purchase and five-year serv- ice contract with Picker in the amount of $701,560. (x) CONSIDERATION OF RETAINAGE AGREEMENT WITH GENERAL CONTRACTOR FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into agreement. (y) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1 FOR DIAMOND 5 WRECKING, INC. ON LETTING NO. 1, DOWNTOWN SHOPKO DEVELOPMENT SITE, PHASE I Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve and enter into agreement. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported that tomorrow the tanks will be removed from Mike's Mobil at the Shopko site. City Attorney Anderson stated that the Corrective Action Plan was submitted to MPCA about a month ago. As•soon as the City receives approval, it can apply for reimbursement. 11 CITY COUNCIL MINUTES - MARCH 26, 1991 The City Administrator commented that proposals had been received for electrical improvements at the temporary liquor store location. It was his recommendation to ac- cept the low bid from Quade's in the amount of $2,900. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the proposal from Quade's. Administrator Plotz reported that the roofing proposals were due at 5:00 P.M. on March 29, 1991. Alderman Tor- gerson moved to hold a special meeting at 5:00 P.M. on March 29, 1991 to act on the proposals. Motion seconded by Alderman Mlinar and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz stated that it was the consensus of the Planning Commission to proceed with rezoning the Hornick property on the corner of Hwy. 7 and 15. Alderman Lenz inquired about the resolution of the issue regarding the car impounding contract. Attorney Anderson reported that the problem had been resolved administra- tively. (C) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar asked about the cemetery road. He was informed that City staff would try to upgrade the road with materials already available. Alderman Mlinar commented on the memorandum addressing the first week of city-wide curbside recycling. (d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson questioned when the cold storage build- ing would be demolished and when the bids would be adver- tised. Attorney Anderson responded that the asbestos re- moval had to be coordinated with the salvage. Therefore, the demolition would probably be in June. (e) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney requested approval of the retainage 12 CITY COUNCIL MINUTES - MARCH 26, 1991 agreement with the hospital's mechanical contractor, Schwickert, Inc. of Mankato, MN. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimous- ly carried, to approve and enter into agreement. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the Wal-Mart project and his recent contact with their engineering firm, Bolton & Menk. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman 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 10:38 P.M. 13