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11-14-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 14, 1989 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. 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. Platz, County Engineer Richard B. Kjonaas, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold Kelm. 3. MINUTES The minutes of the regular meeting of October 24, 1989 and special meetings of October 31, 1989 and November 7, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1989 2. PARKS & RECREATION BOARD MINUTES - SEPTEMBER 27, 1989 3. LIBRARY BOARD MINUTES - OCTOBER 24, 1989 4. HOSPITAL BOARD MINUTES - SEPTEMBER 19, 1989 5. AIRPORT COMMISSION MINUTES - OCTOBER 30, 1989 (b) SNOW REMOVAL PERMIT: 1. OTTO TEMPLIN, ERICKSON & TEMPLIN CONTRACTING 2. JIM HAASL 3. CRAIG JOHNSON 4. JERRY EBERT 5. GENE BETKER 6. DICK SMYKALSKI 7. RHONDA CROTTEAU (c) CHRISTMAS TREE SALES PERMIT - CHARLES PULKRABEK The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to order the report and minutes filed and issue the permits. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REQUEST FOR STREET LIGHT ON HURON STREET BETWEEN SECOND AVENUE AND THIRD AVENUE 1 �; CITY COUNCIL MINUTES - NOVEMBER 14, 1989 The motion was made by Alderman Mikulecky to approve and refer the re- quest to Hutchinson Utilities. Motion seconded by Alderman Mlinar. Alderman Torgerson amended the motion to include a request for Kouwe Street (last street on Hwy. 7 West). Amended motion seconded by Alder- man Carls and unanimously carried. Main motion unanimously carried. (b) REPORT ON CITY RECYCLING PROGRAM BY DOUG YERKS, D.J. ENTERPRSIES Mr. Doug Yerks and Stuart Hamilton, President of Python's, presented a report on recycling in general and the status of the Hutchinson pro- gram in particular. Newspapers are no longer being collected, and the stack stored behind Mr. Yerks' house will be removed by December 1. The other materials behind his house will be removed by November 17 to be in compliance with City codes. (c) CORRESPONDENCE FROM CONSULTANT ENGINEER REGARDING PROJECT NO. 89-03, DOWNTOWN SPRINKLER PROJECT Following discussion, no action was taken. (d) REQUEST BY MAINSTREET TO USE LIBRARY SQUARE ON DECEMBER 2, 1989 FOR HAYRIDES AROUND LIBRARY SQUARE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the request. Alderman Carls amended the motion to approve and include the Police Chief's recommendations. Amended motion second- ed by Alderman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 89-11 - AN ORDINANCE IN THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (ANNEXATION OF MCDONALD PROPERTY) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive first reading and set second reading for November 28, 1989. (b) ORDINANCE NO. 89-12 - AN ORDINANCE IN THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (ANNEXATION OF HANSEN PROPERTY) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, and unanimously carried, to waive first reading and set second reading for November 28, 1989. (c) RESOLUTION NO. 9132 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Torgerson 2 CITY COUNCIL MINUTES - NOVEMBER 14, 1989 and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF QUIT CLAIM DEED WITH R & T COMPANY (DEFERRED 10-31-89) Following discussion on the legal description, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously car- ried, to table to next meeting. 9. NEW BUSINESS (a) CONSIDERATION OF CONTRACT WITH COUNTY HIGHWAY ENGINEER TO ACT AS INTERIM CITY ENGINEER Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to approve and enter into contract. (b) CONSIDERATION OF CONTRACT FOR JOINT CITY/COUNTY EMERGENCY SERVICES DIRECTOR Following discussion, the motion was made by Alderman Torgerson, second- ed by Alderman Mikulecky and unanimously carried, to approve and enter into contract for one year. (c) CONSIDERATION OF IMPROVEMENT PROJECT FOR CURB CUT AT 230 LYNN ROAD AND 6 GROVE STREET Following discussion, Alderman Mlinar moved to approve curb cut for 1990 improvement project. Motion seconded by Alderman Torgerson and unanimously carried. (d) CONSIDERATION OF AMENDMENT TO CITY ORDINANCE, CHAPTER 2, SECTION 2.57, SUBD. 4, REGARDING NURSING HOME BOARD Following discussion, Alderman Carle moved to approve the amendment and waive first reading of Ordinance No. 89-13 and set second reading for November 28, 1989. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF STOP SIGNS AT CORNER OF SOUTH ROBERTS ROAD AND MCDONALD DRIVE REQUESTED BY HUTCHINSON PUBLIC SCHOOLS Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar and unanimously carried, to approve and waive reading and adopt Resolution No. 9131. (f) DISCUSSION OF JURISDICTIONAL TRANSFER AND CHANGE OF ROAD STATUS OF MUNICIPAL AND COUNTY STATE AID ROADWAYS 3 CITY COUNCIL MINUTES - NOVEMBER 14, 1989 Following discussion, Alderman Torgerson moved to table for a meeting with County Board for additional input. Motion seconded. by Mlinar and unanimously carried. (g) CONSIDERATION OF ROAD WORK ON HURON STREET BETWEEN SECOND AVENUE AND THIRD AVENUE Following discussion, it was the consensus of the Council for the En- gineering Department to prepare a report for a public hearing and for the City Administrator to contact the petitioner regarding a possible street project in 1990. No action was taken. (h) CONSIDERATION OF WAIVER OF STORM SEVER REQUIREMENT FOR SCHOOL DISTRICT Following discussion, Alderman Torgerson moved to defer to the next meeting to obtain a cost estimate to hook up to the nearest storm sewer and to do a meter reading to determine the water volume involved which is going into the storm sewer. Motion seconded by Alderman Carls and unanimously carried. (i) CONSIDERATION OF IMPROVEMENT PROJECT NO. 90-18 Following discussion, Alderman Torgerson moved to approve engineer's report, set hearing for December 12, 1989 at 8:00 P.M., and waive read- ings and adopt Resolutions No. 9129 and No. 9130. Motion seconded by Alderman Mlinar and unanimously carried. (j) CONSIDERATION OF ESTABLISHING DATE FOR PUBLIC HEARING ON TRUTH IN TAXATION Finance Director Kenneth B. Merrill presented a report on the Truth In Taxation and stated the State law requires a public hearing prior to the adoption of the City budget. The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to approve the hearing date of December 12, 1989 at 8:00 P.M. (k) CONSIDERATION OF PRELIMINARY 1990 TAX LEVY Following a report by the Finance Director, Alderman Torgerson moved to approve the maximum preliminary 1990 tax levy of $2,535,579. Motion seconded by Alderman Mlinar and unanimously carried. It was the consensus of the Council to hold a budget review meeting on December 4, 1989 starting at 5:00 P.M. (1) CONSIDERATION OF SUPPLEMENTAL AGREEMENTS NO. 1-4 FOR BLUFF STREET PROJECT, LETTING NO, 5 Following discussion, Alderman Mlinar moved to approve the supplemental 4 CITY COUNCIL MINUTES - NOVEMBER 14, 1989 agreements. Motion seconded by Alderman Torgerson and unanimously car- ried. (m) CONSIDERATION OF ADDENDUM 10. 1 FOR 3M PILOT PLANT STUDY FROM DONOHUE & ASSOCIATES Rick Ford, Donohue & Associates, and Glen Bloomer, 3M Magnetic Plant Manager, were present to report on the pilot plant study. It was re- ported the original estimate by Donohue for the 3M study was $12,400. The addendum would authorize the increased cost to $20,375. Following discussion, Alderman Torgerson moved to amend the agreement with Donohue and approve the cost of the over -run. Motion seconded by Alderman Carts and unanimously carried. (n) CONSIDERATION OF LOCAL GOVERNING UNIT SUPPORTING LINDA HEATON'S APPLICATION FOR FINANCING THROUGH SOUTHWEST MINNESOTA INITIATIVE FUND'S PARTNERSHIP WITH STATE OF MINNESOTA CHALLENGE GRANT PROGRAM FOR A BED AND BREAKFAST PROJECT During discussion, City Attorney Anderson reviewed the application re- quirements of the Bed and Breakfast Ordinance and reported that the City Council action on October 24, 1989 included not only the approval of the conditional use permit but also the permit to operate a bed and breakfast establishment by Linda Heaton for a one-year period. The motion was made by Alderman Torgerson to approve the financing ap- plication and waive reading and adopt Resolution No. 9133. Motion sec- onded by Alderman Mikulecky and unanimously carried. (o) CONSIDERATION OF PROPOSED TEMPORARY ROUTE FOR DESIGNATED MULTI-PURPOSE RECREATIONAL TRAIL A representative from the DNR reported the proposal was for a temporary route inasmuch as they had difficulty obtaining approval from the rail- road. The trail would be used for snowmobiles and cross country ski- ing. Upon the recommendation of the City Attorney, Alderman Torgerson moved to defer until the next meeting. Motion seconded by Alderman Carls and unanimously carried. (p) CONSIDERATION OF PURCHASE OF OPERATING ROOM TABLE FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Carls moved to approve the purchase. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR 5 CITY COUNCIL MINUTES - NOVEMBER 14, 1989 Administrator Plotz reminded the Council members of the 4:30 P.M. meet- ing regarding downtown sprinkling and 6:00 P.M. interview(s) for city engineer on November 15, 1989. Attention was called to the City Attorney's letter regarding liquor sales on New Year's Eve, which is a Sunday evening. Mr. Plotz mentioned that the Senior Advisory Board had submitted a check for $3,000 to the Senior Building Fund. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls commented it bothered him that so much old newspapers were going to the landfill instead of being recycled. In response, the Mayor suggested that government entities use recycled paper. Since many copy machines cannot copy on recycled paper, he asked City staff to review this issue and see if a demand can be found for recycled paper. Also, the Mayor requested that styrofoam cups no longer be used inasmuch as they create a toxic in the air when burned. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the City Attorney's remark regarding supervised living housing. Small group homes for mentally retarded or handicapped people can't be rezoned out of existence. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the status of the Junker litigation and the statute on time limitation. The City Attorney stated there was no timeframe, and hopefully the lawsuit would be resolved within the next year. Also, Alderman Torgerson asked about the status of the street lights on Hwy. 7 and the replacement of the broken light on Hwy. 15 South. It was reported that the Utilities had talked to the Mayor regarding the timeframe, The low bidder, quade's Electric, would not be able to in- stall the lights until next year. It was the suggestion of the Coun- cil that the lights from Kouwe to California be installed this year, and the remainder be done in 1990. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the letter from the Senior Advisory Board concerning the Senior Center building fund. He suggested that perhaps the City should budget $5,000 toward that fund. (f) COXMUNICATIONS FROM ACTING CITY ENGINEER Engineer Richard B. Kjonaas recommended that the City consider budget- ing a computer for the Engineering Department since the State will be 1A CITY COUNCIL MINUTES - NOVEMBER 14, 1989 funding part of the cost. It would be hooked up with the County com- puter system. Engineer Kjonaas inquired if the Fire Department could pump water out for the school problem discussed earlier in the meeting. He also ad- dressed the deferred item concerning transfer of City and County prop- erty. 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 ap- propriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 P.M. 7