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02-12-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 12, 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 January 22, 1991, closed meeting of January 22, 1991 and Joint City/County meeting of January 14, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1991 2. PARK & RECREATION BOARD MINUTES OF DECEMBER 19, 1990 3. NURSING HOME BOARD MINUTES OF DECEMBER 20, 1990 (b) CLUB INTOXICATING LIQUOR LICENSES 1. ELKS 2. V.F.W. 3. AMERICAN LEGION 4. CROW RIVER COUNTRY CLUB (c) RENTAL "OFF SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR MICHAEL COMMERFORD, DBA MIKE'S SOUTHTOWN MOBIL (d) SNOW REMOVAL PERMIT FOR JIM HAASL The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed and issue permit/licenses. 1 e CITY COUNCIL MINUTES - FEBRUARY 12, 1991 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TRAILER FRAME ON SHOPKO SITE PROPERTY Marcus Karels requested to purchase for $15 a trailer frame left on the property located at First Avenue SW and Jefferson Street. Following a legal opinion from the City Attorney, Alderman Torgerson moved to sell the trailer frame for $15 as a quit claim arrangement, with the City taking no representation of ownership, and ordered the City Attorney to prepare the necessary agree- ment paper. Motion seconded by Alderman Erickson and unanimously carried. (b) REQUEST FOR MARION GRAHAM TO ATTEND LABORATORY SCHOOL IN WISCONSIN Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve the laboratory school. (c) DISCUSSION OF PROPERTY AT 130 - 140 WASHINGTON AVENUE E. (APARTMENT BUILDING) Administrator Plotz reported that the owner of the build- ing located at 130 - 140 Washington Avenue East offered to sell the property to the City. Following discussion, it was the consensus of the Council that there was no in- terest on behalf of the City. No action was taken. (d) CONSIDERATION OF REQUEST FROM EMIL RIX TO RENT CITY LOT LOCATED BEHIND TWO-WAY COMMUNICATIONS It was reported by Administrator Plotz that Emil Rix wished to rent the lot given to the City from the Emma Lake estate. It would be used for parking U -Haul rental trucks. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to authorize the City Attorney to draw up a 2 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 rental lease agreement on a month-to-month basis. (e) COMMUNICATIONS FROM GENE JESERITZ REGARDING USE OF OLD WASTEWATER TREATMENT FACILITY Mr. Gene Jeseritz stated the City should try to find an alternative use for the old wastewater treatment facil- ity rather than demolish it. Since the DNR had an inter- est in using it as a fishery, he suggested giving them a six-month trial period for experimental work at the site, with the possibility of future purchase. Following discussion, Alderman Torgerson moved to direct the City Attorney to draw up a lease agreement of $1.00 with the DNR for a six-month period to experiment with a fishery on the old wastewater treatment facility site. Motion seconded by Alderman Mlinar and unanimously car- ried. (f) COMMUNICATIONS FROM TOM CARRIGAN REGARDING RETAINAGE WALL • Mr. Tom Carrigan requested that the Council reconsider reimbursing him for half the rental cost for a bobcat used to construct the retainage wall on his property at 105 Pauls Road. He stated the wall was built jointly with the City. City Attorney Anderson stated he would prepare an agree- ment with Carrigan which would hold him responsible for the maintenance of the wall and moving a portion of the wall from City property, if necessary, to remove any lia- bility from the City. The document would be recorded at the court house. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, that the City pay one-half of the $517.28 rental cost for the bobcat. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9418 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. 3 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 (b) RESOLUTION NO. 9420 - RESOLUTION DECLARING PART-TIME POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (GLENN KUPHAL) The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9421 - RESOLUTION DECLARING PART-TIME POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (SAMUEL PRIEVE) The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9422 - AUTHORIZING SUBSTITUTION OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. OF HUTCHINSON, MINNESOTA The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9423 - 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 Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to waive read- ing and adopt. (f) ORDINANCE NO. 91-30 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (WAL-MART) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive sec- ond reading and adopt. 8. UNFINISHED BUSINESS (a) DISCUSSION BY ATTORNEY NEIL JENSEN REGARDING SPECIAL ASSESSMENTS ON PROPERTY AT BLOCK 3, LOT 1, PADEN'S ADDITION (WORD OF LIFE CHURCH) 4 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 This item was removed from the agenda. 9. NEW BUSINESS (a) CONSIDERATION OF ACCEPTING GIFT OF HUTCHINSON SIGNAGE FROM HUTCHINSON AMBASSADORS AND AGREEMENT TO MAINTAIN AND INSURE SIGNAGE It was reported that the Hutchinson Ambassadors wished to gift two erected signs to the City of Hutchinson. Fol- lowing discussion, the motion was made by Alderman Tor- gerson to approve the gift and waive reading and adopt Resolution No. 9419. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF AGREEMENT BETWEEN HUTCHINSON TECHNOLOGY, INC. AND CITY OF HUTCHINSON REGARDING HUTCHINSON SIGN Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into agreement with Hutch- inson Technology, Inc. (c) CONSIDERATION OF 1991 BUDGET FOR CONVENTION AND VISITORS BUREAU Mr. Bob Mlynar presented the 1991 budget for the Conven- tion and Visitors Bureau. Following discussion, Alderman Mlinar moved to approve the budget. Motion seconded by Alderman Erickson and unanimously carried. Administrator Plotz stated that according to the Sunset Provision, there is a March 1, 1991 deadline to extend the tourism/convention program. It would require a 80% approval from the local lodging proprietors and Council approval to continue the program. The existing ordinance would also have to be amended. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve a two-year extension and to waive first reading of Ordinance No. 91-31 and set second read- ing for February 26, 1991. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WAL-MART 5 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 Engineer Rodeberg stated there was some wordage in the agreement that needed to be clarified with Wal-Mart prior to approval. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to defer to the next meeting, pending clarifi- cation of the proposed changes. (e) CONSIDERATION OF PARTIAL RELEASE OF EASEMENT FOR CURTIS REITER It was reported there was an error in the legal descrip- tion of the drainage easement for Dr. & Mrs. Reiter. The partial release would restrict it to the Reiter property. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve and execute partial release of ease- ment. (f) CONSIDERATION OF SETTING PUBLIC HEARING/ASSESSMENT HEARING DATE FOR 1990 MISCELLANEOUS PROJECTS Following discussion, the motion was made by Alderman Torgerson to receive the Engineer's report and hold hear- ing on March 12, 1991 at 8:00 P.M. for Projects No. 90- 11B, 90-16B, 87-08B, 90-15B, Assessment Roll No. 35 to activate deferred assessment and Assessment Roll No. 264 at 8:15 P.M., and to waive readings and adopt Resolutions No. 9424, 9425 and 9426. Motion seconded by Alderman Lenz and unanimously carried. (g) REVIEW OF CONSTRUCTION COST ESTIMATE FOR DAM REPAIR - PHASE A Engineer Rodeberg reported that the estimated cost for safety improvements on dam repair were less than $20,000. No action was taken. (h) DISCUSSION OF DOWNTOWN SPRINKLING PROJECT Engineer Rodeberg stated that the proposed Letting No. 3 for sprinkling of 12 downtown building basements had been re-evaluated regarding costs and practical application. It was recommended that a policy for future code compli- CITY COUNCIL MINUTES - FEBRUARY 12, 1991 ance criteria be established and that each of the 12 pro- posed buildings be inspected and evaluated on its own merit to determine if it was reasonable to install sprin- kling. A formula for payment would need to be deter- mined. No action was taken. (i) CONSIDERATION OF TRANSPORTATION TASK FORCE RECOMMENDATIONS Engineer Rodeberg reported on the January 24, 1991 meet- ing of the Task Force and its recommendations regarding CSAH 8, T.H. 7, T.H. 15 and T.H. 22. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt Resolution No. 9428 supporting the Transportation Task Force recommenda- tions. (j) CONSIDERATION OF SETTING BID DATE AND CALLING FOR SALE OF $6,500,000 GENERAL OBLIGATION MEDICAL FACILITIES REVENUE BONDS, SERIES 1991B AND $495,000 GENERAL OBLIGATION MEDICAL FACILITIES REVENUE REFUNDING BONDS, SERIES 1991B Bond Consultant Bill Fahey presented information on the proposed bond sale. Following discussion, Alderman Tor- gerson moved to approve and set the bid date for March 19, 1991 at 3:30 P.M., to waive reading and adopt Resolu- tion No. 9427, and to hold a special City Council meeting at 5:30 P.M. on March 19 to award bid. Motion seconded by Alderman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that the temporary liquor store location was still being researched. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz commented on the striping along Hwy. 7. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar suggested holding a workshop with the 7 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 Directors to review their departmental 1990 year-end reports and 1991 goals and objectives. Following dis- cussion, Alderman Mlinar moved to meet with the Directors at 6:00 P.M. on February 26. Motion seconded by Alderman Lenz and unanimously carried. Alderman Mlinar also inquired about a joint meeting with the County Commissioners, Townships and City entities. It was the consensus of the Council to hold a meeting on March 11, 1991 with the HCDC at 6:00 P.M., Utilities Com- mission at 6:30 P.M., and County Commissioners and Town- ship Boards at 7:00 P.M. (d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson asked about the progress of the pro- posed Wal-Mart project. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Junker litigation and suggested proceeding with negotiations as discussed at the closed meeting. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported on a meeting with F.A.A. and MN/DOT regarding airport improvements. City staff and the Airport Commission will be meeting with several con- sultants within the next week, and a selection will be made soon. (g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he was contacted by the individuals putting up the yellow ribbons around town. They request- ed permission to place ribbons on the street lights along Hwy. 15 South. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the request, pending approval from MN/ DOT . The Mayor inquired about striping on Main Street, and he suggested that MN/DOT be contacted. 8 CITY COUNCIL MINUTES - FEBRUARY 12, 1991 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. 9