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07-10-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 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, Asst. City Engineer Cal Rice, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes were not available. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1990 2. AIRPORT COMMISSION MINUTES - JUNE 25, 1990 3. HOSPITAL BOARD MINUTES - MAY 15, 1990 (b) LICENSES FOR ST. ANASTASIA CHURCH ANNUAL FALL FESTIVAL: 1. BINGO LICENSE 2. GAMBLING DEVICES LICENSE 3. RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE (c) GAMBLING DEVICES LICENSE AND BINGO LICENSE FOR ST. CLOUD WRESTLING ASSN. (HUTCH. TENNIS ASSN. & HUTCH. SWIM CLUB) The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to order the report and minutes filed and issue licenses. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 262 - LETTING NO. 7, PROJECT #90-15 IN CITY COUNCIL MINUTES - JULY 10, 1990 Mayor Ackland called the hearing to order and read Pub- lication No. 4137. No one was present to be heard regarding this project. The motion was made by Alderman Mlinar to close the hearing at 8:08 P.M. Motion seconded by Alderman Erickson and unanimously carried. Alderman Torgerson moved to approve and adopt Assess- ment Roll No. 262, to waive reading and adopt Resolu- tion No. 9297. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 90-22 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.26, SUBD. 3(E) GOVERNING BINGO; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive second reading and adopt. (b) RESOLUTION NO. 9290 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9291 - RESOLUTION DECLARING PART-TIME PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (OFFICER RICHARD STEUCK) The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to waive reading and adopt. 2 CITY COUNCIL MINUTES - JULY 10, 1990 (d) RESOLUTION NO. 9292 - RESOLUTION DECLARING PART-TIME PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND FIRE FUND (OFFICER SCOTT SCHUETTE) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive read- ing and adopt. (e) RESOLUTION NO. 9294 - 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. (f) RESOLUTION NO. 9295 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM FIRST BANK OF MINNESOTA The motion was made by Alderman Lenz, seconded by Ald- erman Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ISSUES INVOLVING DAKOTA RAIL, INC. (DEFERRED NOVEMBER 28, 1989) City Attorney Anderson reported on the various issues involved with the railroad. He stated the new owners of the Dakota Rail have expressed willingness to work with the City in resolving the issues. Following discussion, the City Attorney was directed to include the railroad issues as part of the Shopko nego- tiation meeting with Mr. Mills the end of July and report back to the Council in August. 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSED CITY LOGO Following discussion, Alderman Mlinar moved to approve option "A" with double lines on either side of the logo. Motion seconded by Alderman Lenz and unanimously carried. 3 CITY COUNCIL MINUTES - JULY 10, 1990 (b) CONSIDERATION OF CIVIC ARENA CONTRACT WITH SCHOOL DISTRICT Following discussion, the motion was made by Alderman Mlinar to approve and enter into contract. Motion sec- onded by Alderman Erickson and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR LETTING NO. 12, PROJECT NO. 90-22 (DEMOLITION/REMOVAL OF HOUSE AT 115 GLEN STREET SOUTH) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to award the demolition bid to Diamond 5 Wrecking for $2,200. (d) CONSIDERATION OF SETTING SPECIAL ELECTION DATE FOR SUNDAY LIQUOR REFERENDUM Following discussion, Alderman Torgerson moved to approve the September Primary Election date for the question as presented by the City Attorney and to waive reading and adopt Resolution No. 9293. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF ON-GOING WORK STUDY AGREEMENT WITH HUTCHINSON TECHNICAL COLLEGE FOR 1990-91 SCHOOL YEAR Following discussion, Alderman Mlinar moved to approve and enter into agreement. Motion seconded by Alderman Erickson and unanimously carried. (f) CONSIDERATION OF PROPOSAL BY SAM ULLAND TO RESOLVE LITIGATION City Attorney Anderson presented the proposals made by Sam Ulland to resolve the litigation. He then recom- mended the following counter-offer for settlement: 1. Ulland would receive the proceeds of the auction of the mobile homes, less any expenses related to the sale itself; 2. Both parties would execute a Mutual Release of All Claims settling all issues, known or unknown be- tween the parties; 4 CITY COUNCIL MINUTES - JULY 10, 1990 3. The City would agree not to assess any additional costs related to this project to the Ulland proper- ty within the City limits of the City of Hutchin- son; 4. If the proposal was not acceptable, the City Attor- ney would proceed with establishment of a lien on the property owned by Ulland for expenses relating to this project. Following discussion, Alderman Torgerson moved to ap- prove the offer for settlement as presented by the City Attorney. Motion seconded by Alderman Lenz and unani- mously carried. (g) CONSIDERATION OF AWARDING BID FOR SANITARY SEWER SERVICE TO LUDTKE LANE Following discussion, Alderman Torgerson moved to ap- prove and enter into contract with Juul Contracting in the amount of $16,498.30, subject to receiving the re- quired easements. Motion seconded by Alderman Erick- son. Alderman Torgerson amended the motion to include receiving a 100% petition from the property owners stating they will waive the hearings and pay the as- sessment. Amended motion seconded by Alderman Erick- son and unanimously carried. Main motion unanimously carried. (h) CONSIDERATION OF REMOVAL OF DANGEROUS BUILDINGS AND HOUSING CODE ORDINANCE The City Attorney and Fire Marshall addressed the pro- posed changes in the ordinance. Following discussion, Alderman Torgerson moved to ap- prove and waive first reading of Ordinance No. 90-23 and set second reading for August 14, 1990, with let- ters to be sent to realtors informing them of the pro- posed ordinance. Motion seconded by Alderman Erickson and unanimously carried. (i) CONSIDERATION OF TEMPORARY MOBILE RECYCLING ORDINANCE Following discussion, Alderman Torgerson moved to defer 5 CITY COUNCIL MINUTES - JULY 10, 1990 to the July 24, 1990 meeting for first ordinance. Motion seconded by Alderman unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR reading of the Mlinar and Administrator Plotz stated that it was necessary for the Council to approve the doctors'lease with the hos- pital in order to proceed with the hospital bond sale. The City Attorney recommended approval of said lease. The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to approve the doctors' lease with the Hutchinson Community Hospital. Administrator Plotz raised the issue of City Hall and the two sites that have been discussed, namely: (1) present site and acquire property to the north, or (2) Hutch Hotel and utilize the second and third floor. Following discussion of renovation costs, Alderman Mlinar moved that the City Administrator contact Short - Elliott -Hendrickson to do a study on the Hutch Hotel. Motion seconded by Alderman Torgerson and unanimously carried. The Council was reminded of the joint board meeting to be held Wednesday noon at the hospital. Also, mention was made of a visit on Thursday from the New York bond- ing company to review the City's bond rating. (b) COMMUNICATIONS FROM TWO RESIDENTS Two ladies appeared before the Council to inquire about the increased cost for refuse service. They didn't think it was fair to be charged the same as someone with a lot of garbage when they practiced recycling and had very little refuse. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that some members of the Hospital Board had requested remuneration for serving 0 CITY COUNCIL MINUTES - JULY 10, 1990 on the board. He then commented on the survey done of several cities. Only two cities paid board members; otherwise, it was on a volunteer basis. Alderman Erickson commented that the Nursing Home Board had unanimously stated it did not expect any pay for service. It was reported that the Safety Council was still con- cerned about two crossings that had been addressed pre- viously. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that Shopko had requested an official resolution from the City approving the envir- onmental indemnity agreement. A written report on the wells testing will be completed soon. Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 9296. Motion seconded by Ald- erman Lenz and unanimously carried. Attorney Anderson requested approval of $5,000 from the bond proceeds to provide funding for the HCDC options on the downtown redevelopment project. Alderman Torgerson moved to approve the recommendation of the City Attorney. Motion seconded by Alderman Mlinar and unanimously carried. It was reported that agreements had been reached with all but three affected property owners. Therefore, the City Attorney requested authorization to proceed with "friendly" condemnation if no agreement could be reached. Alderman Torgerson moved that the City authorize con- demnation, if necessary, in order to complete property acquisitions and the project. Motion seconded by Alderman Mlinar and unanimously carried. Attorney Anderson commented that Mark Nelson of Shopko had requested additional property for the project. 7 CITY COUNCIL MINUTES - JULY 10, 1990 (e) COMMUNICIATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson inquired about PERA options for Coun- cil members. (f) COMMUNICATIONS FROM MAYOR PAUL ACKLAND Mayor Ackland informed the Council of his recent fil- ing for County Commissioner. (g) COMMUNICATIONS FROM ROBERT HORNICK Mr. Robert Hornick and Mr. Dan Andersen of Nordan Builders presented the Council with an update on the development plans for the Hwy. 7 and 15 site. Sep- tember 30, 1990 was the proposed date for completion. The Council requested Mr. Hornick to present the Build- ing Official with a revised site plan for the August Planning Commission meeting. 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 9:30 P.M. 8