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02-26-1991 CCMe MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 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 Brian Brosz. 3. MINUTES The minutes of the regular meeting of February 12, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1991 2. PLANNING COMMISSION MINUTES OF JANUARY 15, 1991 3. AIRPORT COMMISSION MINUTES OF FEBRUARY 20, 1991 (b) REQUEST FOR REDUCED REFUSE RATE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to order report and minutes filed and approve reduced rate. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF CONDITIONS OF ON -SALE INTOXICATING LIQUOR LICENSE FOR UNDERGROUND BAR & GRILL Following a positive six-month review and recommendation from the Police Department, Alderman Torgerson moved to approve renewal of license at expiration. Motion sec- onded by Alderman Lenz and unanimously carried. (b) REQUEST FROM MARCH OF DIMES TO HOLD WALKAMERICA IN HUTCHINSON ON MAY 19, 1991 ■ CITY COUNCIL MINUTES - FEBRUARY 26, 1991 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve. (c) PRESENTATION BY BILL SCHERER REGARDING HUMIDIFICATION SYSTEM FOR LIBRARY Mr. Bill Scherer, chairman of Library Board, presented a report on the two bids received for installation of the humidifier system in the library. It was the recommen- dation of Architect John Korngiebel to accept the bid from Tek -Mechanical for $6,992. Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the bid from Tek -Mechanical. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9430 - RESOLUTION FOR PURCHASE The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive read- ing and adopt. (b) RESOLUTION NO. 9431 - RESOLUTION AMENDING RESOLUTION NO. 9424, RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9432 - RESOLUTION AMENDING RESOLUTION NO. 9425, RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT/ROLL NO. 264 AND NO. 265 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9433 - RESOLUTION AMENDING RESOLUTION NO. 9426, RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ROLL NO. 264 AND NO. 265 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading 2 CITY COUNCIL MINUTES - FEBRUARY 26, 1991 and adopt. (e) ORDINANCE NO. 91-31 - ORDINANCE AMENDING SECTION 6.40, LODGING TAX Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to amend the ordinance to extend the date for 30 days from March 1,- 1991 to April 1, 1991. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to discon- tinue service on March 4 at noon, unless other arrange- ments had been made. (b) CONSIDERATION OF LOTTERY AT LIQUOR STORE Following discussion, the motion, was made by Alderman Erickson to continue the lottery at the liquor store for the rest of the year and review at year-end. Motion sec- onded by Alderman Mlinar and carried four to one, with Alderman Lenz voting nay. (c) CONSIDERATION OF TEMPORARY LOCATION FOR CITY LIQUOR STORE City Administrator Plotz reported on potential sites for a temporary liquor store. It was his recommendation to approve the location of the old fire station. Following discussion, the motion was made by Alderman Don Erickson, seconded by Alderman Mlinar and unanimously carried, to have the liquor store on a temporary basis at the old fire barn. (d) CONSIDERATION OF ECONOMIC DEVELOPMENT TOOLS RECOMMENDED BY HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION HCDC Director John Bernhagen reported on the two economic development tools, namely, the loan fund and the land write-down criteria. 3 CITY COUNCIL MINUTES - FEBRUARY 26, 1991 Following discussion, the motion was made by Alderman Torgerson to approve HCDC as the agency to administer the development fund and loan program. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to approve the criteria for the land write-down for community develop- ment. (e) CONSIDERATION OF LEASE AGREEMENT WITH DNR FOR UNUSED WASTEWATER TREATMENT FACILITY Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and enter into lease agreement with DNR. (f) CONSIDERATION OF AMENDMENT TO LOGIS JOINT AND COOPERATIVE AGREEMENT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the amendment and enter into agreement and waive reading and adopt Resolution No. 9429. (g) CONSIDERATION OF SETTING DATE FOR BOARD OF REVIEW Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the date of May 23, 1991 at 4:30 P.M. (h) CONSIDERATION OF 1990 WATER/SEWER FUND REIMBURSEMENT TO GENERAL FUND Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve the reimbursement. (i) CONSIDERATION OF YOUTH CENTER FUND TRANSFER Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the transfer and waive reading and adopt Resolution No. 9434. (j) CONSIDERATION TO ,CONTINUE NEGOTIATIONS FOR AIRPORT CONSULTANT WITH THREE SELECTED FINALISTS 4 CITY COUNCIL MINUTES - FEBRUARY 26, 1991 Following a report by the City Engineer, Alderman Torger- son moved to approve continuing consultant negotiations. Motion seconded by Alderman Mlinar and unanimously car- ried. (k) CONSIDERATION OF RECOMMENDATION BY AIRPORT COMMISSION TO ADOPT RECOMMENDED AIRPORT DEVELOPMENT PROGRAM Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, -to approve the airport development program. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GALEN HOUK (TWO MILE RADIUS - HWY. 7 EAST) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to refer to the County with no objection. (m) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ARTHUR KROEGER (TWO MILE RADIUS - HUTCHINSON TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to refer to the County with no objection. (n) CONSIDERATION OF REZONING SUBMITTED BY JIM HEIKES (TWO MILE RADIUS - HASSAN VALLEY TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to refer to the County with no objection. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz asked if the City Council wished to hold another workshop with the Directors to review the remaining annual reports. It was the consensus of the Council to meet at 6:00 P.M. prior to the March 12, 1991 regular meeting. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ 5 CITY COUNCIL MINUTES - FEBRUARY 26, 1991 Alderman Lenz inquired about the excavation hole located behind the Gas Hutch on the Hornick property. Following discussion, Alderman Torgerson moved to give Robert Hor- nick 20 day notice to complete filling in the dangerous excavation hole. Motion seconded by Alderman Lenz and unanimously carried. During discussion, the City Attorney recommended that the City Council refer to the Planning Commission the recom- mendation to consider rezoning procedures for the prop- erty. Mr. Hornick will be sent a letter advising him that there will be discussion of the developmental sta- tus of the property, with rezoning from R-2 to C-2 to be considered. (C) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the revised Zoning Ordinance Book being prepared by Bill Weber. (d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson asked about the status of the demoli- tion for Shopko Phase I. Attorney Anderson reported that MPCA had denied the contractor a permit so he is looking for another demolition site. The contractor will be sent a letter giving him 10 days to obtain the required per- mit(s). (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported that he had received the en- vironmental remediation plan and filed it with the MPCA. It was stated that Pick Industries of Cokato appeared at the February Planning Commission meeting and requested approval to use railroad property behind Stearnswood to do railroad box car rehabilitation work. Following dis- cussion, Alderman Torgerson moved to approve an agree- ment with appropriate legal terms and conditions to be established by the City Attorney. Motion seconded by Alderman Lenz and unanimously carried. It was suggested that the Gopher Campfire be contacted regarding this matter. Attorney Anderson reported on the Junker litigation. .Last week Junker's attorney requested a meeting with City 0 CITY COUNCIL MINUTES - FEBRUARY 26, 1991 Council representatives to see if some of the issues could be resolved out of court. Aldermen Mlinar and Tor- gerson were appointed to represent the Council at an ar- ranged meeting with Junker's legal counsel. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg informed the Council that Esther Froem- ming, 505 Hwy. 7 East, had problems with excessive ground water for several years. During the winter of 1989-90, her sump pump ran dozens of times an hour. Following ex- cessive testing, it was determined that her problems were related to a leaking watermain next to her property caused during construction by Juul Contracting. Since the City's and Juul's insurance agents denied the claim for damages, it was recommended that the total claim of $1,508.25 be divided between the City and Juul. There- fore, the City's share would be $754.13. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to authorize payment to Esther Froemming of one-half the damage cost. It was reported by Engineer Rodeberg that the Klabunde duplex was for sale at $26,000. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve to offer an option to purchase on the Klabunde property. Engineer Rodeberg commented that the County and State were reviewing the possibility of combining maintenance facilities in Hutchinson. He inquired if the City would be interested in obtaining information on this venture. 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 9:22 P.M.