Loading...
05-23-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 23, 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, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Lavern Johnson. 3. MINUTES The minutes of the regular meeting of May 9, 1989 and bid openings of May 9, 1989 and May 15, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1989 2. HRA BOARD MINUTES OF APRIL 18, 1989 3. AIRPORT COMMISSION MINUTES OF MAY 1, 1989 4. PLANNING COMMISSION MINUTES OF APRIL 18, 1989 5. HOSPITAL BOARD MINUTES OF APRIL 18, 1989 (b) RENEWAL OF SET-UP LICENSE FOR LITTLE CROW BOWLING LANES (c) REDUCED REFUSE RATE FOR SENIOR CITIZEN The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to order report and minutes filed, issue the license and approve reduced rate. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 3, PROJECT NO. 89-03 (DOWNTOWN SPRINKLING SYSTEM) Mayor Ackland called the hearing to order and read Publication No. 3994. He then stated there would be an assessment hearing on this project at a later date. Engineer Priebe reported on Project No. 89-03, which will involve work on the water service lines along a portion of Main Street. He then displayed a drawing which showed which buildings presently have a sprinkler system and which buildings would be adequate for service. 1 CITY COUNCIL MINUTES - MAY 23, 1989 City Administrator Plotz stated the original project was a Small Cities Grant with $100,000 earmarked in the commercial rehabilitation award for sprinkling the basements of buildings over 1500 square feet in the rehabilitation project and was based on the number of people requesting money. The present funds are committed and limited; however, money will become available when loan payments have been made. To assure that all buildings with basements over 1500 square feet are sprinkled at the lowest possible cost, the City is proposing to do the work under one contract and assess the cost to the property owners according to the formula established by the City Council. Additional funding has been made available through the Revolving Loan Fund. Emil Rix, 104 North Main, asked if the City would be tearing up Main Street again. He wanted to know if there would be service to the buildings in the back. He inquired about buildings with no basements. Mr. Rix asked how the line would be put in and if there would be a water main on each side of Main Street. Engineer Priebe responded that Main Street would only be torn up for repair. Buildings without basements will be hooked up to what is there. That is part of the program at this time. He reported there would be two mains, and the line would be in the sidewalk on either side of Main Street. Dale McLain, 138 South Main, commented on the cost for sprinkling the basement. He questioned where the extra money came from for the extra square footage if the property owner paid the first 50 cents. Mr. Mc- Lain inquired about the starting date and the timeframe on the project. He wondered if Main Street would be closed to traffic while the project was being done. Engineer Priebe reported no time had been set because the project had not been approved by the City Council and no design had been completed. Downtown Revitalization Project Coordinator Connie Mangan commented that May 19, 1991 was the deadline for using the grant money. Administrator Plotz stated there were several funding sources for the cost, with the major one being the district increment financing. Then the Small Cities Grant will pay $100,000 toward the project. The City could not do the project without the funding from these two sources. Russ Meade, 100 Washington Avenue East, commented there was no require- ment that the property owner had to put in the sprinkling system right away. Fire Marshal George Field stated it was State law for any building over 1500 square feet to be sprinkled. An unidentified man requested clarification that $300 would bring the water into the building's basement. He asked how long the law had been E CITY COUNCIL MINUTES - MAY 23, 1989 in effect. He stated he had never heard of sprinkling residences, and part of the building will be residence. He inquired if the cost of the sidewalk would be assessed to the property owner. Mayor Ackland stated the City would abandon the old leads and put in new leads. Art Benjamin, 35 First Avenue S.W., asked under what circumstances first and second floors of buildings have to be sprinkled. He asked if the costs on the sheet he received were accurate. Fire Marshal Field answered that the second floor residence has to be protected. The property owner would get full credit from the insurance company for sprinkling. The main service coming into the building is the most expensive part; sprinkling the first, second floors, etc., would be less costly. Engineer Priebe reported no costs for the project had been given at this time. John Korngiebel, 45 Washington Avenue East, asked about the old hotel building and wondered if it would be difficult to make an additional connection in the future. There is only one connection in, but there may be two buildings in the future. He asked how the hotel would par- ticipate in the sprinkling project. Administrator Plotz stated the hotel was one of the participants in the grant program; however, the first or second floor sprinkling would have to be done by the property owner. Coordinator Mangan reported the hotel project was put into the Small Cities Grant program separately. The tax increment money was awarded for the hotel for providing future housing for low and moderate income persons. The sprinkling needed to be added into the development costs. Dale Smith, 28 First Avenue N.E., thought the purpose of the hearing was to determine whether or not the project would be done. He stated he has two properties, and he improved his building in 1986 prior to this project. He felt he and other owners should be given some credit for improvements in the last two or three years. His taxes have in- creased beyond the point of being able to stay in business. Mr. Smith stated he was not for the project, but he would like some updating on the sprinkling for the building. He commended the City for trying to get funds for the project, but Mr. Smith felt the businesses along Main Street were not where they could be. City Attorney Anderson stated that the City was stuck with the exist- ing fire code. However, the City had not enforced the code because it recognized that something had to be done to assist with an economical way to meet the code. The present service lines are going to have to be repaired because they are not adequate. K CITY COUNCIL MINUTES - MAY 23, 1989 Roger Olson, American Legion representative, asked if non -private or- ganizations fall under any special grant or if they are considered a business like those along Main Street. He felt the Legislature treat- ed them rudely when it took away some of the funding from gambling. Coordinator Mangan commented that non -private are not eligible under the Small Cities Grant, but may be eligible under another program. She would talk to John Bernhagen about it. Sharon Hultgren, 125 South Main, stated she was against the project. Mayor Ackland read the letter received from James G. DeMeyer in which he expressed objection to the project. Steve Reed, 116 North Main, inquired if it was necessary to sprinkle when there was no upstairs or basement to a building. He suggested a compromise and run the line to each building but not require sprinkl- ing at this time. If everyone was assessed $300 and no more, the City would be doing something to meet the State requirement. Irvin Burich, 102 South Main, inquired if the drainage was adequate or would be adequate. He commented on the remodeling of the bank build- ing and the sprinkling system. He asked if all three floors had to be sprinkled. The Fire Marshal stated there were no apartments on the second and third floors so it was not required. Alderman Torgerson moved to close the hearing at 9:17 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Following discussion on recognizing property owners who had recently sprinkled their basements within the past few years, Alderman Torger- son moved to approve and order the preparation of plans and specifica- tions for Project No. 89-03 and to waive reading and adopt Resolution No. 9008. Motion seconded by Alderman Carle and unanimously carried. Consultant Engineer Priebe recommended that the City hire an engineer- ing firm to assist with the sprinkling project and suggested the RCM firm. Following discussion, Alderman Torgerson moved to approve ob- taining a price from RCM as consultant engineering firm. Motion sec- onded by Alderman Carle and unanimously carried. After further discussion, Alderman Carle directed the Consultant En- gineer to get a second quote on the project work. Motion seconded by Alderman Mlinar and unanimously carried. (b) ASSESSMENT ROLL NO. 250 - LETTING NO, 2, PROJECT NO, 89-02 Mayor Ackland called the hearing to order at 9:43 P.M. and read Publi- cation No. 3992. 4 CITY COUNCIL MINUTES - MAY 23, 1989 No one was present to be heard on the project. Alderman Mlinar moved to close the hearing at 9:50 P.M. Motion seconded by Alderman Miku- lecky and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and adopt Assessment Roll No. 250, award contract to Juul Contracting Co. in the amount of $209,942.75 Part A and $9,906 Part B, and waive readings and adopt Resolutions No. 9006 and No. 9007. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) STATUS REPORT ON HUTCHINSON HOTEL PROJECT Developer John Korngeibel reported the project proposal remained about the same as outlined in the grant proposal. He anticipated completion of the financial package and bid documents within the next two months, with construction beginning in fall. (b) CONSIDERATION OF REQUEST FOR HUTCHINSON LIONS CLUB TO OPERATE PORTABLE FOOD WAGON IN WEST RIVER PARK DURING WATER CARNIVAL WEEKEND Following discussion, Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF WATER USE AT COUNTRY CLUB TERRACE MOBILE HOME PARK Mr. Bill Block, owner of Country Club Terrace, reported water problems at the park which were causing the water bill to be high. He requested that the sewer usage for 1989 be based on the 1988 fall quarter bill- ing. Following discussion, Alderman Torgerson moved to use the 1988 fall quarter billing for the 1989 sewer usage, with continued monitoring. Motion seconded by Alderman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9002 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Carls and unanimously carried, to waive reading and adopt Resolution No. 9002. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST TO OPERATE FOOD CONCESSION IN LIBRARY SQUARE DURING SUMMER MONTHS (DEFERRED MAY 9, 1989) Following discussion of the proposed agreement, Alderman Mlinar moved to approve and enter into agreement with Peter Brynildson. Notion sec- onded by Alderman Mikulecky and unanimously carried. 5 CITY COUNCIL MINUTES - MAY 23, 1989 (b) CONSIDERATION OF PUBLIC PARKING LOT FOR NORTH MAIN STREET UNDER THE DEVELOPMENT DISTRICT PROGRAM/TAX INCREMENT FINANCE PLAN OF 1980 (DEFERRED APRIL 25, 1989) Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to defer. (c) CONSIDERATION OF SEWER AND/OR WATER HOOK-UP FEE POLICY Following discussion, Alderman Mikulecky moved to defer to the next meeting. Lotion seconded by Alderman Mlinar and unanimously carried. (d) REPORT BY CONSULTANT ENGINEER ON SOUTH GRADE ROAD SIDEWALK Engineer Priebe reported on the proposed sidewalk project. It was rec- ommended that a 10 foot easement be obtained across private property on the north side to permit the sidewalk to be installed without moving the trees and possibly a short section of easement on the south side near the highway. Following discussion, Alderman Torgerson moved to direct the Engineer to negotiate easements on the north side and short section on south side of highway and put sidewalk project up for bids. Motion seconded by Alderman Mlinar. Motion amended by Alderman Mikulecky that the City would maintain the sidewalk once it is in. Amended motion seconded by Alderman Mlinar and unanimously carried. Main motion carried unani- mously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to discontinue service as recommended unless other arrangements had been made or other dates were set. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF PROPOSED STREET LIGHT PROJECTS IN 1989 Following discussion, Alderman Torgerson moved to approve the recom- mended list, except for Wagner, New Junior High School, one-half of Hwy. 7/Main to California and Hwy. 7/California to Shady Ridge Road. Motion seconded by Alderman Carls and unanimously carried. (c) CONSIDERATION OF PAYMENT ADJUSTMENT TO MENARDS FOR CONSTRUCTION OF AIRPORT HANGAR The Consultant Engineer recommended retaining five percent of the con- tract with Menards, with a payment of $99,655 and retainage of $5,245. Following discussion, Alderman Mikulecky moved to approve the adjustment and waive reading and adopt Resolution No. 9009. Motion seconded by 6 CITY COUNCIL MINUTES - MAY 23, 1989 Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF REJECTING BIDS FOR LETTING NO. 4, PROJECTS NO, 89-05, 89-06, 89-07 & 89-12 Following discussion, Alderman Carls moved to reject the bids for Let- ting No. 4 since two of the three bids did not meet requirements and waive reading and adopt Resolution No. 9005. Motion seconded by Alder- man Torgerson. The motion failed three to two, with Aldermen Carls and Mlinar voting aye and Aldermen Mikulecky and Torgerson and Mayor Ack- land voting nay. Alderman Mikulecky moved to award the bid to the bidder who complied with the specifications. Motion seconded by Alderman Mlinar and failed three to two, with Mayor Ackland and Alderman Mikulecky voting aye and Aldermen Carls, Mlinar and Torgerson voting nay. Alderman Carls moved to reject all bids, readvertise for bids, and waive reading and adopt Resolution No. 9005. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF AUTHORIZATION FOR TEMPORARY BRIDGE CONSTRUCTION Engineer Priebe reported that Structural Specialties, Inc. had submit- ted a proposal to construct the temporary bridge at a cost of $15,000. McKim Transit, Inc. will be paying for a portion of this cost. Following discussion, Alderman Torgerson moved to approve construction. Motion seconded by Alderman Mikulecky and unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to approve $75 for a permit to the DNR. (f) CONSIDERATION OF ACCEPTING PARKLAND DONATION OF LOT 10 IN BLOCK 21, SOUTH HALF IN TOWNSITE OF HUTCHINSON Following discussion, Alderman Mikulecky moved to approve and accept the parkland donation of the Benton property. Motion seconded by Ald- erman Carls and unanimously carried. (g) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE GARAGE TO 533 HURON REQUESTED BY WILMA ROSS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve and waive r'eadiu- and adopt Resolution No. 9003, Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF REQUEST TO REZONE FROM R-3 TO C-4 PROPERTY IN CASA ADDITION ALONG TEXAS AVENUE AND CALIFORNIA STREET BY JERRY BIRD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 7 CITY COUNCIL MINUTES - MAY 23, 1989 Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson and unanimously carried, to approve and waive first reading of Ordinance No. 8902 and set second reading for June 13, 1989. (i) CONSIDERATION OF VACATION OF UTILITY EASEMENT IN CASA ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mikulecky and unanimously carried, to approve and waive reading of Ordinance No. 8903 and set second reading for June 13, 1989. (j) CONSIDERATION OF VARIANCE REQUESTED BY CLARK MILLER FOR CAR WASH ON HIGHWAY 7 EAST (A&W SITE) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to approve and waive reading and adopt Resolution No. 9004. (k) CONSIDERATION OF LOT SPLIT IN LOT 1, BLOCK 1, CASA ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the lot split. Motion seconded by Alderman Mlinar and unanimously carried. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ROY LUND (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to refer to the County with no objection. Motion seconded by Alderman Mlinar and unanimously car- ried. (m) DISCUSSION OF BURGER KING SITE PLAN WITH RECOMMENDATION OF PLANNING COMMISSION TO DIRECT STAFF TO BEGIN PROCESS OF REZONING PROPERTY Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar and unanimously carried, to begin the rezon- ing process and that no building permits are to be issued unless they meet with the site plan of two years ago. City Attorney Anderson stated the order had been issued and would be served on Mr. Hornick, after which he has 10 days to meet the require- ments. He further reported the yellow house an Hwy. 7 East could be habitable and should be placed back on the tax roll. (n) CONSIDERATION OF JAY FREEDLAND FENCE PROPOSAL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, sec - H., CITY COUNCIL MINUTES - MAY 23, 1989 onded by Alderman Mikulecky, to approve the fence. Alderman Mikulecky amended the motion that approval was subject to DNR and PCA approval. Amended motion seconded by Alderman Mlinar and unanimously carried. Main motion unanimously carried. (o) CONSIDERATION OF BRW UPDATE WITH RECOMMENDATION OF PLANNING COMMISSION TO AUTHORIZE BILL WEBER TO PREPARE ZONING ORDINANCE FOR CODIFICATION Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mikulecky and unanimously carried, to approve pro- posal. (p) CONSIDERATION OF AIRPORT FIXED BASE OPERATOR (FBO) CONTRACT WITH TOM PARKER WITH RECOMMENDATION OF CITY AIRPORT COMMISSION City Administrator Plotz reported on the recommendation of the Airport Commission and the favorable references on Tom Parker. It was recom- mended that the City Attorney prepare a one-year contract, with a hold harmless clause for the City. Following discussion, Alderman Mlinar moved to approve and enter into an agreement and refer to the City Attorney to draw up a contract with Tom Parker. Motion seconded by Alderman Mikulecky and unanimously carried. (q) CONSIDERATION OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND ENGINEER FOR PROFESSIONAL SERVICE Following discussion, Alderman Mlinar moved to approve and enter into the agreement with Priebe Engineering P.A. Motion seconded by Alderman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported that the Mayor was notified regarding the condition of the street by the Milk House. After the storm sewer was put in, the street was left with a gravel surface. Previously it had been blacktop. Two prices had been obtained for surfacing: $3,500 for seal coating or $800 for calcium chloride treatment. Following discussion, Alderman Carls moved to approve putting on cal- cium chloride. Motion seconded by Alderman Mlinar and unanimously car- ried. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported on a request for 15 -minute parking zones on Main Street, by the bank and drug store. 0 CITY COUNCIL MINUTES - MAY 23, 1989 (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson updated the Council on the Ulland situation and mov- ing the trailers out of the Midwest Trailer Court. (d) COMMUNICATIONS FROM CONSULTANT ENGINEER Engineer Priebe reported on the Hwy. 22 South project and stated it would begin at Fair Avenue on May 31. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. 10