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10-13-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 13, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, and Marlin Torgerson. Absent: Coun- cilman Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson (7:40 P.M.). 2. INVOCATION The invocation was given by Mr. Paul Otte. 3. MINUTES The minutes of the regular meeting of September 22, 1992 and bid opening of September 22, 1992 were approved as distrib- uted. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 2. HOSPITAL/NURSING HOME BOARD MINUTES OF AUGUST 18, 1992 3. FINANCIAL REPORTS - JUNE, JULY & AUGUST (b) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY JOAN TURCK The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order the reports and minutes filed and issue permit. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 278 --LETTING NO. 6, PROJECT NO. 92-10 (CENTURY AVENUE) Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of hearing, Publication No. 4442. Engineer Rodeberg reviewed the location of the project and breakdown of costs. He reported the project would be started this fall and be completed in 1993. CITY COUNCIL MINUTES - OCTOBER 13, 1992 David Broll, 547 Milwaukee Avenue SW, expressed concern about the Word of Life property. The subdivision agree- ment stated there were 10 lots, but now the City was dividing it into 14 lots. He questioned the subdivision agreement being changed and being charged for additional assessments because of redistribution of costs. The City Attorney questioned how binding a 1980 agreement would be on a new project. He also stated the original agreement was not clear, and the circumstances for the subdivision never developed. It was Attorney Anderson's opinion that the court would favor a more equitable dis- tribution of costs. For the 8.77 acres of property the Word of Life Church purchased, it has received more than its dollar amount of benefit from the project. In the early stages of discussions with the Word of Life Church they were made aware of improvements. The City never made any statement that assessments would be for only one lot. Engineer Rodeberg reported the subdivision agreement was never recorded with the County, and it was a poorly platted subdivision. He stated it was a fairness issue to subdivide the one lot since it was the size of the other nine lots but paid the same cost. Howard Rekstad, owner of Super 8 Motel, stated he owned lots 1 and 6. He questioned the fairness relating to his property and stated he was opposed to the proposed assessment. The City Engineer stated the City was trying to be con- sistent. Councilman Mlinar moved to close the hearing at 8:27 P.M. Motion seconded by Councilman Lenz and unanimously car- ried. Councilman Torgerson moved to approve and adopt assess- ment roll No. 278, to award contract to Juul Contracting Company for $324,727.80, and to waive readings and adopt Resolutions No. 9823 and No. 9824. Motion seconded by Councilman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY CHUCK BARGER OF RCM REGARDING WATER STORAGE TANK 2 CITY COUNCIL MINUTES - OCTOBER 13, 1992 Mr. Chuck Barger presented the proposed plans for the South Park water tower to be completed by next fall. He stated bids would be received for two different types of tanks. Following discussion, Councilman Mlinar moved to approve the plans and specifications, to order advertisement for bids on November 25, 1992, at 2:00 P.M., and to waive readings and adopt Resolutions No. 9825 and No. 9826. Motion seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF REQUEST TO REVIEW STREET LIGHTING IN SHADY RIDGE AREA Following discussion, Councilman Torgerson moved to refer to Hutchinson Utilities. Motion seconded by Councilman Mlinar and unanimously carried. (c) UPDATE ON DAKOTA RAIL BY KIMBERLY HUGHES Ms. Kimberly Hughes reported on Dakota Rail's progress since purchasing the Hutchinson railroad line and its future plans for a rehabilitation program. (d) DISCUSSION OF DAKOTA RAIL CONNECTOR ISSUE Attorney Anderson presented background information on the issue. He stated the "Y" property would be dedicated to public use, and the railroad would gain expansion room in Industrial Park. Following discussion, Councilman Torgerson moved to refer to Hutchinson Community Development Corporation for a report. Motion seconded by Councilman Mlinar and unani- mously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9820 - RESOLUTION ACCEPTING $156,250 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive read- ing and adopt. (b) RESOLUTION NO. 9821 - RESOLUTION FOR PURCHASE 3 CITY COUNCIL MINUTES - OCTOBER 13, 1992 The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to waive read- ing and adopt. (c) RESOLUTION NO. 9822 - RESOLUTION SUBSTITUTING PLEDGED SECURITIES FOR FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (d) ORDINANCE NO. 92-68 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN CASA ADDITION The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive second reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MAC'S BLUFF ASSESSMENT AGREEMENT WITH GARY HASSE (DEFERRED SEPTEMBER 22, 1992) Following discussion, Councilman Mlinar moved to remove from agenda. Motion seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF COUNTY REQUEST TO USE GOLF COURSE WATER TOWER Deputy Al Cheney requested permission to locate a county antenna and repeater system on top of the city's north water tower. During discussion it was reported the Hutchinson Police Department anticipated placing an antenna on the water tower also. It was the consensus that the two law enforcement agencies would work together to find locations for their antennas. (b) CONSIDERATION OF APPOINTING COMMITTEE TO REVIEW HANDICAP PARKING IN DOWNTOWN HUTCHINSON Donald Dodnem requested a committee be appointed to review the handicap parking situation in the downtown area. Following discussion, Councilman Mlinar moved to approve appointing a committee. Motion seconded by Coun- cilman Lenz and unanimously carried. 4 CITY COUNCIL MINUTES - OCTOBER 13, 1992 (c) CONSIDERATION OF FARM LAND LEASE RENEWAL FOR KURT KNUTSON Kurt Knutson submitted a proposal to renew his farm land lease for three years based on a rate of $60 per acre. Following discussion, Councilman Lenz moved to approve a three year contract at $60 per acre and for city staff to review the specific wordage, with a contingency regarding potential road work. Motion seconded by Councilman Mlinar and unanimously carried. (d) CONSIDERATION OF PLACING HUTCHINSON INDUSTRIAL PARK DIRECTIONAL SIGN ON BOULEVARD OF PROPERTY LOCATED AT NORTHEAST CORNER OF SECOND AVENUE AND ADAMS It was reported the sign had already been placed on Hwy. 22 right-of-way. No action was required. (e) DISCUSSION OF CITY SIDEWALK POLICY BY STEVE AND BRAD WICK The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to defer to the . next meeting. (f) DISCUSSION OF 1993 LIBRARY BUDGET Librarian Mary Henke reported on the 1993 Hutchinson and Pioneerland Library System budget. Following lengthy discussion, Councilman Torgerson moved to approve the 14 percent increase. Motion seconded by Councilman Lenz and carried three to one, with Councilman Mlinar voting nay. Councilman Mlinar moved to form a committee to research further options concerning the library system. Motion seconded by Councilman Torgerson and unanimously carried. (g) DISCUSSION ON SELECTING DATE FOR CITY BUDGET WORKSHOP Councilman Lenz moved to set the meeting date for Novem- ber 2, 1992, at 5:15 P.M. Motion seconded by Councilman Torgerson and unanimously carried. (h) DISCUSSION OF PRESENT CITY HALL BUILDING Councilman Torgerson suggested an open house and a public meeting for input on possible use of the old City Hall building and to inform the public of the consultant's 5 3 CITY COUNCIL MINUTES - OCTOBER 13, 1992 estimates for upgrading to code. He also thought local realtors should be contacted for possible sale of the building. No action was taken. (i) CONSIDERATION OF HOLDING CITY-WIDE AUCTION AND CONTRACTING WITH AUCTIONEER Following discussion, Councilman Lenz moved to approve and enter into contract with Hotovec Auction Service. Motion seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF CITY FUNDING FOR 1993 JAYCEE WATER CARNIVAL Tim Ulrich, 1993 Commodore for Jaycee Water Carnival, re- quested $1,500 city funding for the 51st Carnival. Fol- lowing discussion, Councilman Mlinar moved to refer to the budget workshop meeting. Motion seconded by Coun- cilman Torgerson and unanimously carried. (k) CONSIDERATION OF DETERMINING COST FOR EXTRA REFUSE BAG STICKER CHARGE Following discussion, Councilman Lenz moved to charge $2.00 for extra refuse bag stickers for a 32 gallon bag size and 30 pound weight limit, effective November 1, 1992. Motion seconded by Councilman Mlinar and unani- mously carried. 11. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on Broker Frank Fay's letter in which he indicated a prospect was interested in purchasing the lot south of Shopko. Following discus- sion, Councilman Torgerson moved to have appraiser David Lorenz do an appraisal on the property. Motion seconded by Councilman Lenz and unanimously carried. The City Administrator reported on the schedule for the compost site. He stated Aagard West was picking up leaves during October and the week of November 9. Mr. Plotz commented the second long-range planning meeting was held last week, and the Policy Handbook will be re- vised. The City Hall Committee will meet on October 14 at 10:30 A.M. to review proposals. 0 CITY COUNCIL MINUTES - OCTOBER 13, 1992 (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz inquired how long the booms would be across the Crow River. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the number of city prop- erties available for sale and requested a list be pre- pared. He further commented that Mr. Carrigan on Hill- top had a tree to be replaced. Councilman Mlinar asked about the snowmobile trail routes. Councilman Mlinar inquired about the Cash Wise negotia- tions. He was told that no water meter would be installed until the park contribution was paid and the plat recorded with the county. Councilman Mlinar commented on the Hutchinson Utilities handout which showed the contributions made to the City from 1942 to 1992. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson inquired if HTI had been commended for the honor received last week. If not, a letter should be sent from the City. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the good appearance of the Main Street stop lights. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented The Hangar Restaurant had closed. He instructed the City Administrator to contact the mana- ger of the bar to determine their plans. The Council would terminate the license at the next meeting if they were no longer open. Councilman Mlinar moved to direct the City Administrator to contact The Flyer bar and report back to the Council. Motion seconded by Councilman Torgerson and unanimously carried. 7 V a CITY COUNCIL MINUTES - OCTOBER 13, 1992 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS The motion was made by Councilman Torgerson, seconded by Coun- cilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 P.M. 8