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01-22-1991 CCMs MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 22, 1991 1. The meeting was called to order at 7:40 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 Harold Kelm. 3. MINUTES The minutes of the regular meeting of January 8, 1991 and bid openings of January 8, 1991 and January 17, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1990 2. PLANNING COMMISSION MINUTES OF DECEMBER 18, 1990 3. SENIOR ADVISORY BOARD MINUTES OF NOVEMBER 28, 1990 4. AIRPORT COMMISSION MINUTES - JANUARY 14, 1991 5. HOSPITAL BOARD MINUTES OF DECEMBER 18, 1990 6. BURNS MANOR/HCH TASK FORCE MEETING MINUTES OF DECEMBER 4, 1990 AND JANUARY 8, 1991 (b) SNOW REMOVAL PERMIT 1. JEAN DAVISON - DAVISON NORTHSIDE GROCERY 2. DONALD TODNEM (c) POPCORN AND CONCESSION STAND PERMIT FOR MARK MCGRAW (DEFERRED JANUARY 8, 1991) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve and issue permits for items (a) and (b). The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to defer item CITY COUNCIL MINUTES - JANUARY 22, 1991 No. (c) to the next meeting. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 3 - PROJECT NO. 91-03 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4197. He stated there would be another public hearing regarding the downtown sprinkling project. Engineer Rodeberg commented on the various meetings held in the past. This was his first meeting on this issue. He reported there were 12 structures that require, or have requested, sprinkling of the basements. This proj- ect was proposed to bring water service for the sprinkl- ing from the watermain in Main Street to each of the 12 properties. The estimated cost for this portion of the project is between $144,000 and $237,600. The funding for the project is proposed to come from the HCDC Revolv- ing Loan Fund ($83,000) and from the City sewer/water funds ($61,000 - 154,600). No assessments are proposed for this portion of the project. The internal sprinkling of the basements of these 12 structures will be done under a separate project and is estimated to cost $155,000. The HCDC Revolving Loan Fund is proposed to pay the vast majority of the cost. Prop- erties which have done less than $10,000 of remodeling will have some assessments. No one was present to be heard on Project No. 91-03. (b) LETTING NO. 4 - PROJECT NO. 91-04, 91-05, 91-06 1. PROJECT NO. 91-04 Engineer Rodeberg explained the project and report- ed there would be no permanent surfacing. The standard City policy would be used, and the remain- ing cost would be assessed. The estimated assess- ments would be $2,100 for residential street sur- facing, $400 for residential curb and gutter, and $600 - 3,700 for residential driveway. Kelmer Stroklund, 526 Hassan Street S., commented K CITY COUNCIL MINUTES - JANUARY 22, 1991 that he gets the run-off from the alley into his yard and basement. He claimed that one-half the floods in the area were caused by the water coming from the property at 536 Hassan. Mr. Stroklund commented that there were a lot of elevations which caused the drainage to run down. If that problem was resolved, it would make street maintenance easier. Engineer Rodeberg responded that Main Street was higher than Hassan. The City had tried to improve the area with grading and tilting the alley. it was difficult to maintain the grade, and the water runs into the adjacent yards. June Wick, 535 Main Street S., felt the alley need- ed something done to it because it acts as a drain- age ditch. Since Main Street was improved, she thought the drainage problem had worsened. Ms. Wick didn't want the grade too steep so that it would affect the height of the driveways. She com- mented that the problems come in the spring. Engineer Rodeberg reported the proposal was to put a low spot on Mr. Jorgenson's property. The solu- tion to the problem would require a change of grade, a storm sewer and paving. The budget should exceed the cost. Ron Shun, 515 Hassan Street S. (Lot #9), said he understood that there might be a need for a new sanitary sewer on Hassan. However, he was satis- fied with the present street surface and wanted it left as it was rather than putting in a permanent street and curbs. Mr. Shun stated he had lived at his present address 10 years, and during that time the street had been dug up twice. He didn't want to see it dug up again. Engineer Rodeberg stated the City would be replac- ing the sanitary sewer because the proposed road would be done. It is one of the worst roads in town and ranks high for maintenance. The curb is in pieces. He reported the estimated cost would be $32 a front foot. 3 . CITY COUNCIL MINUTES - JANUARY 22, 1991 2. PROJECT NO. 91-05 No one was present to be heard regarding Project No. 91-05. 3. PROJECT NO. 91-06 No one was present to be heard regarding Project No. 91-06. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to close the hearings at 8:22 P.M. The motion was made by Alderman Mlinar to approve and order preparation of plans and specifications and to waive readings and adopt Resolutions No. 9416 and No. 9417. Motion seconded by Alderman Torgerson and unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9408 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9409 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST BANK OF MINNESOTA OF HUTCHINSON, MINNESOTA The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS , (a) CONSIDERATION OF AMENDING SMALL CITIES GRANT PROGRAM (DEFERRED JANUARY 8, 1991) Connie Mangan, Small Cities Project Coordinator, reported 4 CITY COUNCIL MINUTES - JANUARY 22, 1991 the City received a letter from Lowell Wakefield stating he was not interested in entering into an agreement with the City to receive small cities grant funding to re- develop the Hutch Hotel property. Ms. Mangan then ex- plained the proposed budget revision for the program. The amendment would remove the Hutch Hotel project and add a housing rehabilitation program. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve the housing rehabilitation program amendment. (b) UPDATE ON LUCE LINE TRAIL WITH RECOMMENDATION FROM CITY ATTORNEY (DEFERRED JANUARY 8, 1991) Attorney Anderson stated he was not ready to recommend proceeding with the trail. There were still some con- cerns to be addressed. Following discussion, it was recommended that the commit- tee and Parks & Recreation Director meet and bring a rec- ommendation to the Council. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to defer to the next meeting. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to discontinue service on January 28 at noon unless other arrangements had been made, with the exception of Carol's Cafe. (b) CONSIDERATION OF AWARDING CONTRACT FOR DEMOLITION OR REMOVAL OF BUILDINGS FOR SHOPKO PROJECT, PHASE I (LETTING NO. 15, PROJECT NO. 90-25) Following discussion, Alderman Torgerson moved to approve awarding the bid to Diamond 5 for $36,800, but the demo- lition permit will not be issued until all other permits have been obtained. Motion seconded by Alderman Mlinar and unanimously carried. CITY COUNCIL MINUTES - JANUARY 22, 1991 (c) CONSIDERATION OF RCM ENGINEERING SERVICES PROPOSAL FOR WATER DISTRIBUTION SYSTEM ANALYSIS Following discussion, the motion was made by Alderman Torgerson to approve and enter into contract with RCM. Motion seconded by Alderman Erickson and carried four to one, with Alderman Mlinar voting nay. (d) CONSIDERATION OF GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR $8,901,238 REQUESTED BY HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve GMP amendment. (e) CONSIDERATION OF REQUEST BY NURSING HOME BOARD AND HOSPITAL BOARD FOR AUTHORIZATION TO CONTINUE WITH MERGER PROCESS OF BURNS MANOR AND HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the merger process. (f) CONSIDERATION OF DELETING AREA FOUR FROM TAX INCREMENT Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve and waive reading and adopt Resolu- tion No. 9415. (g) CONSIDERATION OF ENTERING INTO COUNTY/CITY CONTRACT FOR RECYCLING Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into contract. (h) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF WAL-MART SUBDIVISION 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 reading and adopt Resolution No. 9410. 0 CITY COUNCIL MINUTES - JANUARY 22, 1991 (i) CONSIDERATION OF REZONING FROM R-2 TO C-4 FOR WAL-MART PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mlinar, seconded by Ald- erman Erickson and unanimously carried, to waive first reading of Ordinance No. 91-30 and set second reading for February 12, 1991. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT HANTGE TO CONSTRUCT A TWIN HOME 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 conditional use permit and waive read- ing and adopt Resolution No. 9411. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY ANDERSON FOR CHILD CARE FACILITY AT HWY. 15 SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve conditional use permit and waive reading and adopt Resolution No. 9412. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STACEY BARCLAY, AUTO SALES STORE ON HWY. 7 EAST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to approve conditional use permit and waive reading and adopt Resolution No. 9413. (m) CONSIDERATION OF VARIANCE REQUESTED BY BOB ELLIOTT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion of parking, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unani- mously carried, to approve variance and waive reading and adopt Resolution No. 9414. 7 CITY COUNCIL MINUTES - JANUARY 22, 1991 (n) CONSIDERATION OF FINAL PLAT FOR HOUK'S SUBDIVISION SUBMITTED BY GALEN HOUK (TWO MILE RADIUS - HASSAN VALLEY) 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. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KEVIN COMPTON ON HWY. 15 NORTH (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to refer to the County with no objection. (p) CONSIDERATION OF FINAL DRAFT OF COMPREHENSIVE PLAN 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 Comprehensive Plan. (q) CONSIDERATION OF AWARDING CAR IMPOUNDING CONTRACT Sgt. Ronald Kirchoff reported the new contract would in- clude a $25 impounding fee for vehicles held as evidence by the Police Department. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and enter into contract with Modern Mazda for a one-year period. (r) CONSIDERATION OF ENTERING INTO LEASE FOR "DRY DOCK" YOUTH CENTER Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into agreement. (s) CONSIDERATION OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND HUTCH, INC. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously 8 CITY COUNCIL MINUTES - JANUARY 22, 1991 carried, to approve and enter into agreement. (t) CONSIDERATION OF EQUIPMENT FOR FIRE DEPARTMENT Fire Chief Brad Emans requested authorization to purchase needed fire equipment. The estimated cost was $10,500. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve purchase, with any additional dollars over budget to come out of the contingency fund. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on a letter received from Senator John Bernhagen regarding local government aid cuts. Mr. Plotz reported on four potential, temporary sites for the liquor store. (b) COMMUNICATIONS FROM JOHN REYNOLDS Mr. John Reynolds requested that the American flags be flown along Main Street to show support of the troops in the Persian Gulf. Also, it was suggested that something be put on the marquee sign at the corner of Hwys. 7 & 15. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to fly the flags until such time as the Council agreed to take them down. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the retainage wall lo- cated on Hilltop Drive. He felt something should be done to correct the situation. It was reported that the City Engineer and City Attorney had met to discuss the issue. Alderman Mlinar asked about the status of the railroad car located in the park. (d) COMMUNICATIONS FROM CITY ATTORNEY V1 CITY COUNCIL MINUTES - JANUARY 22, 1991 Attorney Anderson reported there was only one property left to acquire for Phase I of the Shopko project. He requested Council authorization for eminent domain pro- ceedings if the owner would not accept the purchase price offered. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, that the owner either accept the purchase offer or, if refused, go to condemnation and follow proper procedure. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to adopt a reso- lution authorizing the City Attorney to commence eminent domain proceedings if negotiations were not resolved with the property owner. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported that the Transportation Task Force will meet Thursday night. He requested the Coun- cil members to attend, if possible. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated that Tom Carrigan had contacted him and stated he was in error not to accept the City's offer for one-half the rental cost. Mr. Carrigan wondered if the City would still consider the previous offer. Since there was no response, the issue died. Mayor Ackland read a thank you letter from John Miller regarding the Airport Commission plaque he received. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 12. (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. There being no further business, the meeting adjourned at 10:15 P.M. 10