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04-10-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ack- land. 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 Thor Skeie. 3. MINUTES The minutes of the regular meeting of March 27, 1990, spe- cial meetings of April 2, 1990 and April 3, 1990, and bid opening of April 3, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1990 2. PARKS & RECREATION BOARD MINUTES - JANUARY 31, 1990 3. AIRPORT COMMISSION MINUTES - MARCH 26, 1990 (b) APPOINTMENTS TO BOARDS AND COMMISSIONS: 1. SENIOR ADVISORY BOARD - REUBEN HOLMAN AND RUBY KRUEGER 2. CITY TREE BOARD - SCOTT PETERSON 3. LIBRARY BOARD - DELORES BRUNNER, BILL SCHERER, ROXANNE WIGEN, KRISTIN MCGRAW, AND AUDREY TOP The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order re- port and minutes filed and ratify appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 255 - LETTING NO. 1, PROJECT NO. 90-04 1 CITY COUNCIL MINUTES - APRIL 10, 1990 Mayor Ackland called the hearing to order and read Publication No. 4100. No one was present to be heard. The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to close the hearing at 8:03 P.M. Alderman Torgerson moved to approve and adopt Assess- ment Roll No. 255, to award contract to Juul Contract- ing Company in the amount of $58,520.55, and to waive readings and adopt Resolutions No. 9222 and No. 9223. Motion seconded by Alderman Mlinar and unanimously car- ried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO HOLD MEMORIAL DAY PARADE AND MEMORIAL SERVICE ON MAY 28, 1990 Following discussion, Alderman Mlinar moved to approve the request. Motion seconded by Alderman Erickson and unanimously carried. (b) DISCUSSION OF CORRESPONDENCE FROM LOUIS F. BRUNNER REGARDING CITY RIGHT-OF-WAY Mr. Louis Brunner commented on the letter he received from the Building Official. Following discussion, no action was taken. (c) REQUEST FROM OPTIMIST CLUB TO USE LIBRARY SQUARE ON APRIL 21, 1990 FOR GREEN -UP CLEAN-UP DAY Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the request. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9230 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. P: CITY COUNCIL MINUTES - APRIL 10, 1990 (b) RESOLUTION NO. 9231 - A RESOLUTION ACCEPTING $137,500 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9232 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON, MINNESOTA The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VARIANCE REQUESTED BY SHERMAN BUSCHOW WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FROM MARCH 27, 1990 MEETING) Following discussion, Alderman Mlinar moved to approve the unfavorable recommendation of the Planning Commis- sion. Motion seconded by Alderman Torgerson and car- ried four to zero, with Alderman Erickson abstaining from voting. The motion was made by Alderman Mlinar to approve a 40' setback for variance from Shady Ridge Road and to waive reading and adopt Resolution No. 9234. Motion seconded by Alderman Lenz and carried four to zero, with Alder- man Erickson abstaining from voting. 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO SHORELAND GRANT AGREEMENT WITH DNR Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to approve and enter into agreement. (b) CONSIDERATION OF BUILDING PERMIT POLICY Following discussion, Alderman Torgerson moved to ap- prove the change of policy. Motion seconded by Alder- man Mlinar and unanimously carried. 3 CITY COUNCIL MINUTES - APRIL 10, 1990 (c) (d) (e) (f) (g) (h) CONSIDERATION OF PURCHASE AGREEMENT FOR GERMAN SHEPHERD DOG FOR CITY OF HUTCHINSON POLICE DEPARTMENT Following discussion, Alderman Torgerson moved to defer to the next Council meeting. Motion seconded by Alder- man Erickson and unanimously carried. CONSIDERATION OF SGT. RON KIRCHOFF ATTENDING NATIONAL PEACE OFFICERS MEMORIAL DAY SERVICE IN WASHINGTON, D.C. Following discussion, the motion was made by Alderman Torgerson to approve. Motion seconded by Alderman Mlinar and unanimously carried. CONSIDERATION OF RECOMMENDATION BY CITY SOLID WASTE MANAGEMENT COMMITTEE FOR RECYCLING PROGRAM Following discussion, Alderman Mlinar moved to defer. Motion seconded by Alderman Lenz and unanimously car- ried. CONSIDERATION OF BIDS FOR CITY FIRE MARSHALL VEHICLE The motion was made by Alderman Erickson to approve and award bid to Wigen Motor Company in amount of $9,300. Motion seconded by Alderman Mlinar and unanimously car- ried. CONSIDERATION OF 1989 WATER/SEWER FUND REIMBURSEMENT TO GENERAL FUND Following discussion, Alderman Torgerson moved to approve the fund transfer. Motion seconded by Alderman Lenz and unanimously carried. CONSIDERATION OF CONSULTANT STUDY FOR MUNICIPAL AIRPORT IMPROVEMENTS Dave Skaar, Mark Lopac and Dennis Kahl represented the Airport Commission in presenting the proposed airport improvements and consultant study by TKDA. Following discussion, the motion was made by Alderman Mlinar to approve the contract with consultant TKDA, not to exceed $9,000. Motion seconded by Alderman Lenz and unanimously carried. 4 CITY COUNCIL MINUTES - APRIL 10, 1990 (i) CONSIDERATION OF DELAYING PROJECTS NO. 90-01 AND NO. 90-02 UNTIL 1991 Following discussion, Alderman Torgerson moved to ap- prove the delay of projects until 1991 and waive read- ings and adopt Resolutions No. 9228 and No. 9229. Mo- tion seconded by Alderman Mlinar and unanimously car- ried. (j) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 2, PROJECT NO. 90-08 Following discussion, Alderman Torgerson moved to defer until the numbers are available. Motion seconded by Alderman Erickson and unanimously carried. (k) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTING NO. 4, PROJECT NO. 90-03, AND ADVERTISING FOR BIDS Following discussion, Alderman Mlinar moved to approve the plans and specifications, to advertise for bids on May 21, 1990, and to waive reading and adopt Resolution No. 9225. Motion seconded by Alderman Erickson and unanimously carried. (1) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTING NO. 5, PROJECT NO. 90-05, 90-06, 90-07, 90-13, 90-14, 90-18 AND ADVERTISING FOR BIDS Following discussion, the motion was made by Alderman Torgerson to approve plans and specifications, to ad- vertise for bids on May 7, 1990, and to waive reading and adopt Resolution No. 9224. Motion seconded by Ald- erman Mlinar and unanimously carried. (m) CONSIDERATION OF ESTABLISHING AMOUNT OF BOND ISSUE OF $1,175,000 AND SET BID OPENING DATE OF APRIL 24, 1990 Bond Consultant Bill Fahey presented the bond issue for the Shopko project. Following discussion, Alderman Mlinar moved to approve and set the bid date for April 24, 1990 and to waive reading and adopt Resolution No. 9233. Motion seconded by Alderman Torgerson and unani- mously carried. CITY COUNCIL MINUTES - APRIL 10, 1990 (n) CONSIDERATION OF SETTING PUBLIC HEARING FOR AMENDMENTS TO DEVELOPMENT PROGRAM AND FINANCE PLAN FOR DEVELOPMENT DISTRICT NO. 4 AND APPROVAL OF TAX INCREMENT FINANCING PLAN Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve a hearing on April 24, 1990 at 8:00 P.M. (o) CONSIDERATION OF SITE PURCHASE AGREEMENT WITH SHOPKO City Attorney Anderson reviewed the proposed contract with Shopko. Alderman Torgerson moved to approve and enter into agreement. Motion seconded by Alderman Mlinar and unanimously carried. (p) CONSIDERATION OF RECOMMENDATION FOR USE OF TAX INCREMENT FINANCING MONIES FOR DEVELOPMENT OF PARKING LOT Following discussion, Alderman Mlinar moved to approve. Motion seconded by Alderman Torgerson and unanimously carried. (q) DISCUSSION OF OPTIONS FOR NEW TRANSIT VEHICLE Following a presentation by Transit Coordinator Sitz and Supervisor Meier, the Council decided to look at a van in the City of New Ulm. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM JOE WESLEY Mr. Joe Wesley presented seven questions regarding the Shopko project. The City Attorney stated he would pre- pare answers to the questions. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported he was working on ranking the top ten Council priorities for 1990. Mr. Plotz stated there were 172 verified names as reg- istered voters from the 307 signatures on the initia- M CITY COUNCIL MINUTES - APRIL 10, 1990 tive petition for Sunday liquor. Since there must be 221 valid registered signatures, based on the past May- or's election, there is an insufficient number of 49 signatures. However, the provision under Section 5.05 of the City Charter provides the supporting committee 30 days to file additional signatures. It was reported that the City was on the County Board agenda this afternoon regarding the proposed amendments to the downtown District No. 4. The County unanimously approved the downtown project and gave support to the City's efforts. (c) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz inquired about the status of the lottery ticket sales. He also commented about the options on the property for the Shopko project and felt the City Attorney should proceed on it. It was reported that Hwy. 7 East business people held a meeting last night. The concerns expressed were lack of information from the City on the project, signage and poor business accessibility during construction. After discussion, the City Engineer was directed to set up another meeting with MN/DOT and City staff to dis- cuss this issue. (d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar made reference to a letter received from the Country Club Terrace regarding a water prob- lem. He suggested sending a reply to the letter. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented on the Burger King letter which was recently received by the City. (e) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson stated that the Shopko project has the favorable approval of the general public. (f) COMMUNICATIONS FROM CITY ATTORNEY 7 CITY COUNCIL MINUTES - APRIL 10, 1990 Attorney Anderson reported that the trailers from the Midwest Trailer Court were sold at public auction last Friday. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on a request to post a sign. The Police Chief, Street Department and Engin- eering did not feel it was needed. Therefore, the party making the request will be notified of this de- cision. (h) COMMUNICATIONS FROM BOND CONSULTANT Consultant Bill Fahey clarified that Section 2 and Sec- tion 3 in Resolution No. 9213, which was adopted on March 15, 1990, were deleted from the content of the hospital resolution. 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 and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. 8