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04-13-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 13, 1993 1. The meeting was called to order at 7:30 P.M. by Vice -President Mlinar. The following were present: Vice -President John Mlinar, Council members Craig Lenz, Marlin Torgerson, and Don Erickson. Absent: Mayor Paul L. Ackland. 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 Chuck Carlson. 3. MINUTES The minutes of the regular meeting of March 23, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1993 2. AIRPORT COMMISSION MINUTIsS OF MARCH 29, 1993 3. PARK & RECREATION BOARD MINUTES OF FEBRUARY 24, 1993 (b) APPLICATION FROM VFW POST 906 FOR MEMORIAL DAY PARADE (c) APPLICATION FROM AMERICAN LEGION FOR PARADE PERMIT IN MORNING ON MAY 16, 1993 The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed and to issue permits. S. PUBLIC HEARING - 8:00 p.m. (a) LETTING NO. 4, PROJECT NO. 93--05 (SOUTH GRADE ROAD) Vice -President Mlinar called the hearing to order at 8:00 P.M. and read the notice of hearing. It was noted the hearing was not required by law but was for the benefit of the public to address proposed changes on South Grade Road into the Hutchinson Mall. Engineer Rodeberg stated that because of the high volume of traffic in front of Cash Wise, it was necessary to relocate the entrance. The proposal was to add a right A. CITY COUNCIL MINUTES - APRIL 13, 1993 turn lane east bound into the Mall and a right turn lane at Hwy. 15 with two lanes west bound. The island would be parted to provide access into the Cash Wise parking lot and moved a little to the south. The project cost is estimated at $70,352.74, with City cost of $33,854.79 and assessable cost of $36,497.95. Vice -President Mlinar read a letter from Earl Fitzloff and a petition submitted with two names. Glenn Woelfel, manager of Cash Wise, stated he was opposed to closing off the entrance into the Mall. He felt the proposed plan was very workable. The City Engineer reported the subdivision agreement with Developers Diversified was renegotiated to close the entrance on Merrill Street because of safety concerns. Ken Gruenhagen, Heritage Square Apartment Building, asked if his property would be assessed for part of the project. He was assured it would not be assessed. Otto Rettig, 516 Adams Street S., inquired if an entrance could be moved and the easement still stand. He asked if the present easement was in effect or if the City had to start over again. Mr. Rettig wondered why Lynn Road was closed for access. Attorney Anderson stated the relocation of the entrance was not governed by an easement. It was covered by an agreement between the City and Developers Diversified and by platting when the property was developed. The hearing was for the purpose of discussing islands, turn lanes, and problems with Lynn Road. The issue of entrances was decided in the subdivision agreement for Mall Plat 2. Engineer Rodeberg commented on some of the traffic hazards at the present entrance location due to heavy use. MN/DOT recommended closing the Lynn Road entrance, and the City protested the plan. Otto Rettig questioned why Hwy. 15 was not placed further east. He commented that access to the business entrances on the south side of South Grade Road would require crossing two lanes. It was his opinion that the proposed plan was worse than the present situation. Sgt. Ron Kirchoff reported the accident statistics from 1986 to present showed a drop from 8 accidents per year to one per year. 2 CITY COUNCIL MINUTES - APRIL 13, 1993 A representative from Developers Diversified stated it was in everyone's best interest to proceed with the proposed plan. Councilman Erickson moved to close the hearing at 8:25 P.M. Motion seconded by Councilman Lenz and unanimously carried. Following discussion, Councilman Erickson moved to approve the project, to order plans and specifications, and to waive reading and adopt Resolution No. 9922. Motion seconded by Councilman Torgerson and unanimously carried. (b) ON -SALE INTOXICATING LIQUOR LICENSE FOR MICHAEL GENE FASCHING, OWNER OF J'S PIZZA BAR & GRILL Vice -President Mlinar called the hearing to order at 8:26 P.M. It was reported the Building Official had done a walk through of the structure; however, the final inspection had not been completed by the Police Department. The applicant provided an insurance certificate, but the restaurant license had not been issued to'date. Mr. Fasching stated he planned to install a pass-through window from the kitchen into the bar area to enable food to be passed into the bar where intoxicating liquor would be served. Non -intoxicating malt liquor would be served in the restaurant. Following discussion, Councilman Torgerson moved to close the hearing at 8:28 P.M. Motion seconded by Councilman Lenz and unanimously carried. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and issue liquor license contingent on a state food license received and a walk through inspection. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF PETITION FOR BOULEVARD SIDEWALK ON WEST SIDE OF ALAN STREET The City Engineer explained the area of the request and stated it was an appropriate location for a sidewalk. 3 CITY COUNCIL MINUTES - APRIL 13, 1993 Although it is in a major project, the sidewalk is not in the City policy. Following discussion, Councilman Torgerson moved to approve the sidewalk contingent that snow removal, maintenance, etc., would be the responsibility of the residents. Motion seconded by Councilman Lenz and unani- mously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9917 - RESOLUTION FOR PURCHASE The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9918 - RESOLUTION SUPPORTING ELIMINATION OF "DOUBLE TAXATION" FOR SERVICES NOT RECEIVED BY A MUNICIPALITY The motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9919 - A RESOLUTION ACCEPTING $162,500 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (d) ORDINANCE NO. 93-77 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (TWIN OAKS ADDITION) The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive second reading and adopt. (e) ORDINANCE NO. 93-79 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (WIGEN PROPERTY) The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt. 4 CITY COUNCIL MINUTES - APRIL 13, 1993 (f) RESOLUTION NO. 9920 -RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REQUESTED BY CITY STAFF TO CHANGE DWELLING UNIT DENSITY FROM 4,500 SQUARE FEET TO 4,000 SQUARE FEET IN R-3 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED MARCH 23, 1993) The City staff recommended a compromise of 4,200 square feet per dwelling unit density in the R-3 district. Following discussion, Councilman Torgerson moved to approve 4,200 square feet and to waive first reading of Ordinance No. 93-78 and set second reading for April 27, 1993. Motion seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF APPROVING NORTHERN NATURAL GAS COMPANY PIPELINE EASEMENT Discussion centered on the pipeline easement for con- structing a natural gas pipeline across the east side of the Hutchinson Utility site. Councilman Torgerson moved to approve the pipeline ease- ment with the contingency that there be no problems with the railroad. Motion seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF WAIVING BUILDING PERMIT FEE FOR HUTCHINSON UTILITIES UNIT NO. 1 Following discussion, Councilman Torgerson moved to approve waiving the fee. Motion seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF APP.LJCCATION FOR TEMPORARY RECYCLABLE MATERIAL COLLECTION PERMIT FOR ELOUISE CARLSON, DBA CAN MAN 2 AT WAL-MART SITE 5 7 �J CITY COUNCIL MINUTES - APRIL 13, 1993 Following discussion, Councilman Erickson moved to approve and issue permit. Motion seconded by Councilman Torgerson and unanimously carried. (d) CONSIDERATION OF APPLICATION FOR TEMPORARY RECYCLABLE MATERIAL COLLECTION PERMIT FOR JEFF SCHAUER AT BOWLING ALLEY SITE Following discussion, Councilman Erickson moved to approve and issue permit. Motion seconded by Councilman Torgerson and unanimously carried. (e) CONSIDERATION OF AWARDING PROPOSAL FOR PROFESSIONAL LEGAL SERVICES REGARDING RENEWAL OF CITY'S CABLE TELEVISION FRANCHISE Following discussion, Councilman Erickson moved to authorize the City Attorney to enter into negotiations with Bernick and Lifson, P.A. , with a cap on the contract for a maximum of $5,000. Motion seconded by Councilman Torgerson and unanimously carried. (f) CONSIDERATION OF NEW LEASE WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR USE OF FIRE STATION PARKING LOT SPACE FOR MOTORCYCLE TESTING Following discussion, Councilman Erickson moved to table and to wait for a recommendation from staff. Motion seconded by Councilman Lenz and unanimously carried. (g) CONSIDERATION OF AMENDING AGREEMENT WITH MCLEOD LANDFILL, INC. FOR HAULING OF RESIDENTIAL REFUSE BY AAGARD WEST Following discussion of a proposed change submitted by Sanif ill, the corporate parent to McLeod Landfill, Inc., a motion was made by Councilman Erickson for no action and the contract stand as drafted. Motion seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF ESTABLISHING OPEN HOUSE FOR OLD CITY HALL BUILDING ON MAY 10, 1993 FROM 5:30-9:00 P.M. Following discussion, Councilman Erickson moved to approve the open house. Motion seconded by Councilman Torgerson and unanimously carried. It was the consensus of the Council to hold a public hearing on the future use of the old City Hall building during the May 25 City Council meeting. 9 CITY COUNCIL MINUTES - APRIL 13, 1993 (i) CONSIDERATION OF 1992 WATER/SEWER FUND REIMBURSEMENT TO GENERAL FUND Following discussion, Councilman Lenz moved to approve. Motion seconded by Councilman Erickson and unanimously carried. (j) CONSIDERATION OF ACQUISITION OF BLOCK 1, LOT 9, CALIFORNIA SECOND ADDITION Following discussion, Councilman Torgerson moved to defer to April 27 meeting. Motion_ seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION OF PARTIAL RELEASE OF STORM SEWER EASEMENT WITHIN LOT 1 OF LYNN ADDITION Following discussion, Councilman Erickson moved to approve the partial release. Motion seconded by Councilman Lenz and unanimously carried. (1) CONSIDERATION OF NOTIFYING MAIN STREET PROPERTY OWNERS REGARDING LIVE TRAPPING OF PIGEONS ON ROOFTOPS Following discussion; Councilman Lenz moved to approve with the addition of Lloyd Allen's building. Motion seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF SELLING CITY PARCEL NEXT TO SHOPKO STORE City Attorney Anderson reported Shopko was interested in purchasing the City's adjoining lot. During discussion, it was the consensus of the Council not to sell the property at the present time but to honor a prior commit- ment to grant Shopko a right of first refusal as well as to agree to the restrictions previously discussed. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to direct the City Attorney to relay the information to Shopko. (n) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 2, PROJECT NO. 93-02 Following discussion, Councilman Lenz moved to approve the plans and specifications, to advertise for bids on May 17, 1993 at 2:00 P.M., and to waive reading and adopt Resolution No. 9921. Motion seconded by Councilman Erickson and unanimously carried. 7 CITY COUNCIL MINUTES - APRIL 13, 1-993 (o) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 5, PROJECT NO. 93-06, 93-07, & 93-08 Following discussion, Councilman Erickson moved to approve the plans and spek:lfications, to advertise for bids on May 17, 1:993 at 2:00 P M., and to waive reading and adopt Resolution No. 9923. Motion seconded by Councilman Lenz and unanimously carried. (p) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 6, PROJECT NO. 93-09, 93-10, 93-11, 93-12 & 93-13 Engineer Rodeberg reported project No. 93-10 was dropped from Letting No. 6. Following discussion, Councilman Torgerson moved to approve the plans and specifications except for project No. 93-10 which was dropped, to adver- tise for bids on May 17, 1993 at 2:00 P.M., and to waive reading and adopt Resolution No. 9924. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the special hard goods pickup for May 17 and the special tire collection day for April 17 behind the National Guard Armory. It was reported all the city -owned properties were now marked on a large map. Also, the Council was reminded of the April 26 groundbzeaking for utility unit No. 1. Mr. Plotz stated Louis Brunner had submitted an offer to purchase city -owned property located on the southeast corner lot of Second Avenue and Huron (lot 10, block 21, south half City) at its appraised value. During discussion it was determined the minimum bid would be the appraised value. Also, the buyer would be responsible for taxes, assessments, and closing fees as well as rezoning and a conditional use permit. Councilman Torgerson movred to advertise for the sale of the property, to ass-;.st Louis Brunner in obtaining the information needed, and to proceed with a public hearing for rezoning. Motica seconded by Councilman Lenz and unanimously carr -,.e..!. CITY COUNCIL MINUTES - APRIL 13, 1993 The City Administrator presented a request from the Optimist Club to use.a,Ti� -y Square on April 24, 1993, for the annual COMMLkAAitS. "Ctear., up day. The motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carrl_ed, to approve the request. Mr. Plotz commented on the special Planning Commission meeting held April 14, 1993, regarding the proposed annexation of the southwest area in Lynn Township. It was noted the new part-time Fire Marshall, Mike Palm, had begun his duties. Mr. Plotz also mentioned the 1993 Objectives had been categorized according to priority, and he had presented them at a Kiwanis meeting. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz reported the cable let go on one side. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson inquired about a leak on Main Street. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson asked for an update on the status of the Jay Freedland issue. The City Administrator respond- ed Mr. Freedland had presented a proposal for the City to reduce the assessments in Industrial Park from $10,000 per acre to $2,000 per acre. It was the consensus of the C-..uncil to send Mr. Freedland a letter stating the City's p-1 sent policy and recommend- ing he work with HCDC. (e) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg requested clarification on which ventilation system to install in the proposed City Hall. Discussion followed on the benefits of the VAV system over the rooftop units. It was noted the initial cost of the VAV system was approxiz-�a*ely $32,000 more, but the cost would be made up within �0 years. The City Eng -neer reported Oirield & Associates proposed two sky lights ever the work area. The $14-15,000 cost was not includ�_-d in Lhe ,i rt c _ .. It could be considered as an alternaue bid as well a., ­.wo front windows proposed in the Council Chambers. 9 CITY COUNCIL MINUTES - APRIL 13, 1993 Following discussion, Councilman Lenz approved the $32,000 additional cost f the VAV ventilation system. Motion seconded by Couniir�in Torgerson and unanimously carried. Engineer Rodeberg commented on a meeting with MN/DOT and the County to discuss the by-pass construction and possible swaps of streets. Since the City may get Adams Street back, it could be necessary to close out the Adams Street project and dismiss the consulting engineer. It was noted that the increased costs for the pedestrian bridge might prohibit continuation of the project. Bud Daggett was reconsidering his donation for a bridge to replace the railroad trestle. The City Engineer reported the situation with Tom Carri- gan's retaining wall had not been resolved. The existing wall is an encroachment on City property and is a hazard to the public health and safety. It was Engineer Rode - berg's recommendation to rescind the City's prior proposal and proposed arrangement with Mr. Carrigan and to approve City expense to remove the rock wall, to do rough grading to slope the yard, to provide sufficient sod, and to pay one-half of the bill for the bobcat rental. Following discussion, Councilman Lenz moved to approve the recommendation, except for paying one-half of the bill for the bobcat cost. Motion seconded by Councilman Erickson and unanimously carried. Engineer Rodeberg requested Council approval for a MN/DOT agreement for state financial assistance for airport improvement. Following discussion, Councilman Torgerson moved to approve and enter into the agreement and to waive reading and adopt Resolution No. 9925. Motion seconded by Councilman Lenz and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONT&.T PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 10 CITY COUNCIL MINUTES - APRIL 13, 1993 12. ADJOURNMENT There being no further b4kAti8Vsg. the meeting adjourned at 9:25 P.M. 11