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08-14-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 14, 1990 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: Finance Director Ken Merrill, City Engineer John Rode0erg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Tim Engel. 3. MINUTES The minutes of the regular meeting of July 24, 1990 were approved as amended. The minutes of the meeting of December 25, 1959 were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1990 2. PARK & RECREATION HOARD MINUTES - MAY 30, 1990 3. HOSPITAL BOARD MINUTES - JUNE 19 & JULY 14, 1990; JOINT BOARD MINUTES OF JULY 11, 1990 (b) GAMBLING DEVICES LICENSE FOR MILITARY ORDER OF THE COOTIES (V. F. W. ) (c) APPOINTMENTS TO BOARDS: 1. H.R.A. - SHIRLEY WASS 2. LIBRARY HOARD - PAUL BERG The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to order the report and minutes filed, issue license and ratify appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE FOR GHASSAN ("GUS") MAZAID KHWICE AT 101 PARK. PLACE, DBA THE UNDERGROUND BAR & GRILL There being no one requesting to be heard, the public hearing was closed on a motion by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried. H. I CITY COUNCIL MINUTES - AUGUST 14, 1990 Motion was made by Alderman Torgerson to approve the request and issue license. Motion was seconded by Alderman Mlinar and carried unanimously. 6. COMMUNICATIONS, REG?UESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON AMBASSADORS FOR ALL CONCESSION RIGHTS IN DOWNTOWN AREA SEPTEMBER 14-15 FOR ARTS AND CRAFTS FESTIVAL The motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve the request. (b) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE, FIRST AVENUE BETWEEN HASSAN AND MAIN, AND PARKING LOT BEHIND 101 PARK PLACE FOR ARTS AND CRAFTS FESTIVAL SEPT. 14- 15 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the request. (c) DISCUSSION BY JOHN REYNOLDS REGARDING CRUISING ORDINANCE Mr. Reynolds addressed the council, stating he believes the cruising ordinance is unfair and ineffective and lends itself to selective enforcement against youth. Mayor Ackland summarized the background of the ordinance, stating that it was adopted in response to citizen complaints and with the advice of a citizens' committee. At the same time, the youth center (Dry Dock) was established to provide youth a place for activities. The Mayor cited traffic data showing sharply decreased traffic in the restricted area. After further discussion Mr. Reynolds was advised that the procedure for changing an ordinance is to obtain citizens' signatures on a petition for a referendum. Lori Reynolds stated she is 20 years old and there is nothing for her to do in Hutchinson, therefore she cruises Main Street, although she has received a citation for doing so. Barb Chaffee asked whether there are statistics concerning the number of individuals on Main Street sidewalks during the evenings, before and after the ordinance. Police Chief Madson stated the numbers have not changed considerably, but there may be more now, and perhaps more litter. Mayor Ackland stated there is no easy answer to the cruising problem and that the council will continue to address it. IN CITY COUNCIL MINUTES - AUGUST 14, 1990 (d) DISCUSSION OF TRANSIT VEHICLE City staff reported that the MN/DOT transit project manager is concerned that any new transit vehicle comply with the equal access laws for riders with disabilities. The new vehicle should have a wheelchair lift. A van with lift would seat only 9 passengers, which may not be sufficient at all times. After discussion, the motion was made by Alderman Torgerson to authorize bidding for a new 17 -passenger handicapped accessible bus similar to the one purchased in 1989. Motion was seconded by Alderman Mlinar and carried unanimously. (e) REQUEST FOR SIDEWALK IMPROVEMENT ON NORTH MAIN STREET After discussion, Engineering Director Rodeberg was directed that there would be no action on this until 1991. 7. RESOLUTIONSAND ORDINANCES (a) ORDINANCE NO. 90-23 - ORDINANCE FOR REMOVAL OF DANGEROUS BUILDINGS AND HOUSING CODE Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unaminously, to waive second reading and adopt amended ordinance. (b) ORDINANCE NO. 90-24 - STANDARDS FOR TEMPORARY LOCATION RECYCLABLE MATERIAL COLLECTION Jim and Sherry Henning, Henning Metal, commented on portions of the ordinance and asked that changes be made regarding distance from adjacent property lines and equipment safety. After discussion , a motion was made by Alderman Erickson to amend the ordinance. Motion was seconded by Alderman Torgerson and carried unanimously. Motion was made by Alderman Torgerson to waive reading of the amended ordinance and set second reading for August 28, 1990. (c) RESOLUTION NO. 9305 - RESOLUTION FOR PURCHASE Motion was made by Alderman Lenz to waive reading and adopt Resolution. Motion was seconded by Alderman Mlinar and carried unanimously. (d) RESOLUTION NO. 9306 - RESOLUTION SETTING ELECTION, LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE STATE PRIMARY AND GENERAL ELECTION. CITY COUNCIL MINUTES - AUGUST 14, 1990 Motion was made by Alderman Torgerson to waive reading and adopt Resolution. Motion was seconded by Alderman Mlinar and carried unanimously. (e) RESOLUTION NO. 9307 - RESOLUTION SETTING INTEREST RATE FOR ASSESSMENT ROLLS ADOPTED IN 1990 Motion was made by Alderman Mlinar, seconded by Alderman Lenz and carried unanimously to set the interest rate at 6.6%. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF HIRING B.R.A. & A. ENGINEERING FIRM TO REPLACE FRONT ENTRANCE AT CIVIC ARENA Finance Director Merrill reported that Korngeibel Architecture has asked for the opportunity to bid on the project. It was discussed that P.R.A.&A. has done a 5 year proposal, has engineering skill, and is familiar with the design problems in the building. Motion was made by Alderman Torgerson, seconded by Alderman Mlinar, and approved unanimously to hire B.R.A. & A. for the project. (b) CONSIDERATION OF INCREASE OF BOD ALLOTMENT TO 3M Motion was made by Alderman Mlinar, seconded by Alderman Lenz and carried unanimously to authorize the increase. (c) CONSIDERATION OF CHANGE ORDER REQUEST FOR HOSPITAL PROJECT Attorney Anderson recommended treating the matter as an Ordinance rather than as a Resolution. Motion was made by Alderman Torgerson, seconded by Alderman Erickson and carried unanimously to approve the request and waive first reading and set second reading of Ordinance No. 90-25 for August 28. (d) CONSIDERATION OF VEHICLE REPLACEMENT FOR POLICE DEPARTMENT Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to approve and advertise for bids for a squad car. 4 CITY COUNCIL MINUTES - AUGUST 14, 1990 It was discussed that the Citation would be kept for use within the city by the police -school liaison officer for the present. A vehicle comparable to the one purchased for the fire marshall (new or used) would be obtained for the police investigator's use. Motion was made by Alderman Torgerson, seconded by Alderman Lenz and carried unanimously to authorize purchase of a vehicle for the police investigator. (e) CONSIDERATION OF REQUEST FROM HASSAN VALLEY LODGE TO HAVE LOADINIG AND UNLOADING ZONE SPOT ON SIDE OF BUILDINIG AT SECOND AVENUE Motion was made by Alderman Erickson, seconded by Alderman Torgerson and carried unanimously to approve the request. (f) CONSIDERATION OF ADDENDUM NO. 1 TO SUBDIVISION AGREEMENT FOR WAGNER DEVELOPMENT CORPORATION PLAT IN REGARDS TO PLAT NO. 2. (REPLAT) After discussion, Addendum No. 1 was approved on a motion by Alderman Mlinar, seconded by Alderman Lenz and carried unanimously. (g) CONSIDERATION OF AWARDING BIDS FOR 1990 G.Q. IMPROVEMENT BONDS AND G.O. MEDICAL FACILITIES BONDS Bond consultant Bill Fahey recommended approval of the bids. He explained the city's bond rating and the pursuit of methods to lower interest rates. Motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 9309 relating to G.D. Improvement Bonds. Motion carried unanimously. Motion was made by Alderman Mlinar, seconded by Alderman Erickson, to waive reading and adopt Resolution No. 9310 relating to G.Q. Medical Facilities Revenue Bonds. Motion carried unanimously. (h) CONSIDERATION OF PROPOSED LETTER FOR EXECUTION DATED AUGUST 2, 1990 REGARDING SHOPKO SITE PURCHASE AGREEMENT The letter was approved on a motion by Alderman Erickson, seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF PROPOSED 1991 IMPROVEMENT PROJECTS Engineering Director Rodeberg reviewed the proposed projects, for discussion only. 3 CITY COUNCIL MINUTRES - AUGUST 14, 1990 (j) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 14, PROJECT NO. 90-24 Motion was made by Alderman Mlinar, seconded by Alderman Lenz and carried unanimously to approve the roll preparation and hold hearing on September ii. Motion was made by Alderman Lenz, seconded by Alderman Torgerson and carried unanimously to waive reading and adopt Resolutions No. 9311, 9312, 9313 and 9314. (k) CONSIDERATION OF GOALS FOR CROW RIVER TASK FORCE AND APPOINTMENT OF TASK FORCE MEMBERS. Mayor Ackland reported the task force has met informally and has goals established. The task force appointments were ratified on a motion by Alderman Torgerson, seconded by Alderman Lenz and carried unanimously. (1) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR PHASE I PROJECT BETWEEN SHOPKO STORES, TWIN CITY TESTING CORP. AND CITY OF HUTCHINSON Motion was made by Alderman Mlinar, seconded by Alderman Erickson, and carried unanimously to approve and enter into agreement. (m) CONSIDERATION OF I -C1 ZONING ALONG HWY. 22 FOR LOTS 16, 17 & 18 Motion was made by Alderman Erickson, seconded by Alderman Torgerson, and carried unanimously to approve and refer to the Planning Commission for public hearing. (n) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR LETTING NO. 5, PROJECT 90-07, IN CLIFTON HEIGHTS AREA Motion was made by Alderman Erickson, seconded by Alderman Lenz and carried unanimously, to approve the agreement. 10.MISCELLANEOUS (a) COMMUNICATIONS FROM FINANCE DIRECTOR Finance Director Merrill reported that a quote concerning the feasibility for hotel renovation has not yet been received from SEH. h CITY COUNCIL MINUTES - AUGUST 14, 1990 He reported that McLeod County has ordered tote boxes for city residents for recyclables and that the county wants to know if the city wants its logo printed in the boxes in addition to the county identification. No action was taken to add the logo. Mayor Ackland commented on the cost of the boxes and questioned the number ordered. (b) COMMUNICATIONS FROM ALDERMAN TORGERSON Alderman Torgerson stated that the Gopher Campfire Club is interested in purchasing the City's portable steamer. It could be transferred for $1.00, with the city having the first chance to buy it back if it were no longer needed. Approval of the sale was made on a motion by Alderman Torgerson, seconded by Alderman Lenz, and carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN ERICKSON Alderman Erickson reported that he has been asked to have the city consider dedicating a park to Officer Mike Hogan. The suggestion is to be forwarded to the Park. and Recreation Board. (d) COMMUNICATIONS FROM CITY ATTORNEY BARRY ANDERSON Attorney Anderson reported on the bids received for hospital construction. The apparent low bidder did not acknowledge the addendum which changed the scope of the work. The second low bidder did acknowledge the addendum. Attorney Anderson recommended that the bid be awarded to the second low bidder, Laraway Roofing. After discussion, motion was made by Alderman Erickson, seconded by Alderman Torgerson, to award bid to Laraway Roofing. Motion was carried unanimously. Attorney Anderson reported he has discussed assessments in Clifton Heights with certain property owners who believe there would be no benefit from improvements on their property and who would oppose assessment at this time. The attorney recommends the City impose no assessment now, but that an agreement be drawn up so that in the event of future improvements, the assessment question would be reconsidered. Attorney Anderson reported that meet on Thursday, August 16, to to the extensive environmental He recommended that the August 11:00 a.m. on August 16. 7 the Council will need to act on documents relating work on the Shopko site. 14 meeting be continued to CITY COUNCIL MINUTES - AUGUST 14, 1990 tel COMMUNICATIONS FROM ENGINEER JOHN RODEHERG Engineer Rodeberg reported on progress on repair of the Crow River dam. He presented information on costs of the repair. After discussion, motion was made by Alderman Torgerson, seconded by Alderman Lenz and carried unanimously to approve Phase A improvements. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to approve claims and authorize payment from appropriate funds. 12. ADJOURNMENT The meeting was continued until 11:00 a.m. Thursday, August ib, 1990 on a motion by Alderman Torgerson, seconded by Alderman Mlinar, and carried unanimously. 8