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03-28-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 28, 1989 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Assistant Engineer Cal Rice, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Timothy Maland. 3. MINUTES The minutes of the regular meeting of March 14, 1989 were approved as amended, and the minutes of the bid opening of March 10, 1989 were ap- proved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1989 2. PLANNING COMMISSION MINUTES - FEBRUARY 21, 1989 3. NURSING HOME BOARD MINUTES - FEBRUARY 23, 1989 (b) RENEWAL OF INTOXICATING LIQUOR LICENSES (c) APPOINTMENTS: 1. PLANNING COMMISSION - ELROY DOBRATZ 2. LIBRARY BOARD - LARRY LADD - SHARON OPATZ - RALPH BERGSTROM (ONE-YEAR TERM) The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to order the report and minutes filed, renew the licenses, and ratify the appointments. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PETITION TO BLOCK OFF ALLEY LOCATED WEST OF ADAMS STREET AND NORTH OF FOOD 'N FUEL Mayor Ackland called the public hearing to order at 8:00 P.M. He then read letters from the Police Chief, Fire Chief, Fire Marshal, and Street Supervisor who were all opposed to closing off the alley for safety reasons. Also, a letter from Steven Jensen was read. He rep- resented the estate of Merritt L. Jensen at 576 Adams Street and stated 1 CITY COUNCIL MINUTES - MARCH 28, 1989 opposition to blocking off the alley. Mr. Otto Rettig, 516 Adams Street, stated he drew up the petition for a reason not addressed. There is a highway going through instead of an alley, and nothing seems to stop it. He was involved in a car accident by someone who hit him in the alley. Mr. Rettig questioned what kind of a speed bump would be put up in the alley. He commented that the only solution to the problem is to cut down the traffic. Mr. Roger Bovee, Manager of Minne-Mine Credit Union, agreed that there is excessive traffic which comes from the North side of the alley and to the Credit Union. Closing the alley would mean there would be addi- tional traffic through his driveway. Mr. Bovee expressed another con- cern that with the blockade, drivers will try to turn around on private property or back-up down the alley. He thought a speed bump would be a good idea. Also, something needed to be done about the care of the alley. Mr. Darwin Mathews, 535 Jefferson, reported he lived in the apartment building near the alley. His garage is located on the alley. When he drives out into the alley, he has to back out real slow since there is a lot of traffic. The alley is full of holes and potholes. He felt blacktopping the alley would cause more runoff than there is now. Mr. Mathews was oposed to keeping the alley open. Mr. Otto Rettig stated nothing would be taken away from anybody. All the residential property owners would come in from the north end of the alley and park in their garages before they got to Minnie -Mine. Block- ing off the alley would be separating residential traffic from commer- cial traffic. There are 11 lots along the alley. Since HTI does its banking at Minne-Mine, this adds additional traffic. City Attorney Anderson stated he was opposed to closing the alley. It was a question of abandoning the alley. He had never seen an alley blockaded or abandoned. Such a decision would have to be a unanimous agreement. Mayor Ackland commented that he could not see going against the recom- mendations of staff opposing closing the alley. However, he felt some- thing should be done to control the speed in the alley. Alderman Mikulecky suggested blocking the south end of the alley and putting up a temporary chain that could be opened for emergency pur- poses. Alderman Carls recommended a traffic count be done in the alley to de- termine how much traffic goes through it in a week's time. Mr. Rettig felt it was unjustified when Minne-Mine was allowed to put a business there, and no hearing was held to notify the residents in the area. 2 CITY COUNCIL MINUTES - MARCH 28, 1989 Mr. Bovee reported the drive-through was an addition to the building around 1978 after the Credit Union was opened. Their attorney appeared before the City Council several times. He further commented that if the alley was closed, the line-up to Minne-Mine and Food 'N Fuel would be from the south. Alderman Torgerson moved to close the hearing at 8:35 P.M. Motion sec- onded by Alderman Carls and unanimously carried. Alderman Torgerson made the motion that the Engineering Department and the Street Department come up with some solutions to the problem and bring a report to the April 25 Council meeting. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO AWARD RECOGNITION CERTIFICATES TO RETIRING FIREMEN DARVIN ZIEMAN AND TIM SCHLOEDER Alderman Carls moved to approve. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8973 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8973. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DEMOLITION COST ON MCLAUGHLIN BUILDING (DEFERRED MARCH 14, 1989) Following discussion, Alderman Torgerson moved to defer until the City Attorney received information on the expenses and back taxes. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF BOND ISSUE FOR BURNS MANOR NURSING HOME IMPROVEMENTS (DEFERRED MARCH 14, 1989) Bond Consultant Bill Fahey reported there were some differences between the material received from Good Neighbor and Charles Bailly & Company. He felt they needed clarification before proceeding with the bond. Following discussion, Alderman Mlinar moved to defer for Bond Consul- tant to meet with Charles Bailly and Good Neighbor representatives to resolve the differences. Motion seconded by Alderman Mikulecky and unanimously carried. 3 CITY COUNCIL MINUTES - MARCH 28, 1989 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Mikulecky moved to approve the discontinuation of service on April 3, 1989 at noon unless other arrangements were made. Motion sec- onded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF REQUEST FOR PAYMENT FROM MN/DOT FOR HIGHWAY 22 RIGHT-OF-WAY It was the recommendation of the City Attorney to accept the payment. Following discussion, Alderman Carls moved to approve. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF REQUESTS BY JUNE REDMAN FOR 1989 IMPROVEMENT PROJECTS During discussion of the improvements being requested, Administrator Plotz reported that no action was required until such time as prelim- inary plats were received. (d) CONSIDERATION OF RENEWING LAND RENTAL LEASE TO PAUL THISSEN Following discussion, Alderman Mlinar approved entering into a contract for 35 acres at $35 per acre and to offer Pheasants Forever a one-year (1989) rent free lease for the 10 acres of marginal land near the wastewater treatment plant. Motion seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF RETAINAGE REDUCTION FOR ROBERT L. CARR COMPANY The motion was made by Alderman Carls to approve a reduction from $30,000 to $20,000. Motion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF APPROVAL OF MAJOR EQUIPMENT FINANCING PROPOSAL FOR HUTCHINSON COMMUNITY HOSPITAL Administrator Philip Graves and Director of Finance Frank Seivert pre- sented the proposed major equipment financing proposal. Following dis- cussion, Alderman Torgerson moved to approve the proposal. Motion sec- onded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF CAPITAL EXPENDITURE FOR CENTRAL DICTATION SYSTEM AT HUTCHINSON COMMUNITY HOSPITAL The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the central dictation system. Motion unanimously carried. (h) CONSIDERATION OF APPLICATION FOR NON -INTOXICATING ON -SALE MALT LIQUOR LICENSE BY GENE DOHERTY FOR J'S PIZZA GARTER 4 CITY COUNCIL MINUTES - MARCH 28, 1989 Following discussion, Alderman Torgerson moved to approve and issue the license. Motion seconded by Alderman Carls and unanimously carried. (i) CONSIDERATION OF ADVERTISEMENT FOR AIRPORT FARM LAND FOR 1989-90 Following discussion, Alderman Torgerson, moved to approve advertising for bids. Motion seconded by Alderman Mlinar and unanimously carried. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD LARSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the permit and to waive reading and adopt Resolution No. 8971. Motion seconded by Alderman Torgerson and unanimously carried. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROSEN'S INC. (FORMER HUTCH AGRI TECH PROPERTY) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the permit and to waive reading and adopt Resolution No. 8972. Motion seconded by Alderman Torgerson and unanimously carried. (1) CONSIDERATION OF DAKOTA RAILIHERCULES SALE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve and enter into an agreement. Motion seconded by Alderman Torgerson and unani- mously carried. (m) DISCUSSION OF ANNEXATION FOR RON HANSON PROPERTY AND SURROUNDING AREAS Following discussion, Alderman Carls moved to start the process for annexation. Motion seconded by Alderman Torgerson and unanimously carried. (n) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 2, PROJECT NO. 89-02 Following discussion, Alderman Torgerson moved to approve the plans and specifications for Project No. 89-02, to advertise for bids on April 24, 1989 at 2:00 P.M., and to waive reading and adopt Resolution No. 8974. Motion seconded by Alderman Mlinar and unanimously carried. (o) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON LETTING NO. 4, PROJECT NO. 89-05, 89-06, 89-07, 89-12 Following discussion, Alderman Mikulecky moved to approve the plans and specifications for Project No. 89-05, 89-06, 89-07 and 89-12, to adver- tise for bids on April 24, 1989 at 2:00 P.M., and to waive reading and adopt Resolution No. 8975. Motion seconded by Alderman Torgerson and 5 CITY COUNCIL MINUTES - MARCH 28, 1989 unanimously carried. (p) CONSIDERATION OF REVIEW BY CHARLES BAILLY & COMPANY OF FINANCIAL FORECAST FOR BURNS MANOR NURSING HOME Administrator Plotz reported on the background for securing a financial forecast from Charles Bailly since they are the accounting firm for Burns Manor and are familiar with its financial situation. Following discussion, Alderman Mlinar moved to approve and enter into a contract for services. Motion seconded by Alderman Carle and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz presented a report on the results from the commun- ity survey. He also commented on the draft copies of the review for codification of the ordinance book. Loretta McDonald's request for maintaining McDonald Drive, which is outside city limits, was brought to the Council. Following discus- sion, Alderman Carle moved to deny the request and to send a letter. Motion seconded by Alderman Mlinar and unanimously carried. (b) COMMUNICATIONS FROM MIKE CARLS Alderman Carle commented on the Top 10 listing and stated that side- walks needed to be addressed. The area of the new school will need sidewalks, and the project should be done this year. The City will be putting in a sidewalk from Hwy. 15 to Dale Street in 1989. The other work could be done in 1990. Alderman Carls moved to change the special meeting/hearing date from May 8, 1989 to Nay 10, 1989. Motion seconded by Alderman Mlinar and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the problems at the recreation center and the potential lawsuit. A meeting was held on March 27 with Korngiebel, Pinske, the Mayor, the City Administrator and the City Attorney to try to resolve the issues. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that someone had driven up into the parking area on Glen Street and Third Avenue N.V. and got stuck. It was sug- gested that this area be blocked off for a few weeks until it dries out. R CITY COUNCIL MINUTES - LARCH 28, 1989 Alderman Torgerson had an inquiry if information regarding the Bluff Street project would be sent out. There are some people in the area who are against the project. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported the Skelton lawsuit had been dismissed. The newspaper will be printing an notice regarding the trailers at Midwest Trailer Court, and the removal should be completed in April. (f) COMMUNICATIONS FROM ASSISTANT ENGINEER CAL RICE Engineer Rice inquired about running a storm sewer pipe in the alley on Adams Street. (g) COMMUNICATIONS FROM MAYOR Mayor Ackland commented on the MN/DOT report and a meeting he had with representatives regarding Hwy. 15 project. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 P.M.