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04-14-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 14, 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, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold McGowan. 3. MINUTES The minutes of the public hearing of February 25, 1992, regular meetings of March 10, 1992 and March 24, 1992, and continued regular meeting of March 13, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1992 2. AIRPORT COMMISSION MINUTES OF MARCH 30, 1992 3. REFUSE CONTRACT COMMITTEE MINUTES OF APRIL 2, 1992 (b) USE OF LIBRARY SQUARE ON APRIL 25, 1992 FOR GREEN -UP CLEAN-UP DAY (c) RECONFIRMATION OF APPROVED GAMBLING LICENSE FOR 40 & 8 AT AMERICAN LEGION AS REQUESTED BY STATE GAMBLING BOARD The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order report and minutes filed, approve the request and recon- firm license. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE APPLICATION FOR J'S PIZZA/ SPORTS BAR, STEVE PICHA OWNER Mayor Ackland called the hearing to order and read the notice of hearing. CITY COUNCIL MINUTES - APRIL 14, 1992 Councilman Erickson moved to close the hearing at 8:01 P.M. Motion seconded by Councilman Torgerson and unani- mously carried. Mr. Steve Picha stated Hutch Pizza, Inc. was dissolved, and he would be the operator of both operations. Following considerable discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to approve and issue a one-year license. (b) LETTING NO. 2, PROJECT NO. 92-09 (OLD IVY LANE CONCRETE APRON IMPROVEMENT) Mayor Ackland called the hearing to order at 8:18 P.M. and read the notice of hearing. Engineer Rodeberg expressed concern regarding the speed of traffic in the area. He stated a petition was re- ceived from 11 of the 12 property owners opposing the project. The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried, to close the hearing at 8:20 P.M. Jerry Nass, 625 Main St. S. , stated he attended two other meetings regarding the alley project. He stated narrow- ing up the apron would not cure the problem. The problem started when Main Street was redone. Mr. Nass said he understood the City would take care of the alley, but now there was a cost involved. He questioned how the City could assess residents without an Ivy Lane address for an alley improvement. The people living on the street are on fixed income. He signed the petition because he did not feel the residents should pay the assessment. Mr. Nass wanted it left the way it was, with the frost boils dug out. He commented something should be done for street control and divert some of the traffic. The City Engineer reported the area was vacated to an alley because no one was using it as a street. The land was returned to the private property owners. It did not look like a street since other streets had a 30 foot apron. He stated someone had to pay for the assessment. Engineer Rodeberg commented it would cost $3,000 for the work the City could not do itself. Pa CITY COUNCIL MINUTES - APRIL 14, 1992 Mr. Bloom, 605 Main St., questioned why he should pay for the assessment. Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to reject the project and to waive reading and adopt Resolution No. 9696. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO CONDUCT CROP WALK FOR THE HUNGRY ON MAY 2, 1992 Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92-56 - SHORELAND MANAGEMENT ORDINANCE; CITY CODE: CHAPTER 11, APPENDIX A The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive second reading and adopt. (b) RESOLUTION NO. 9692 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LETTING NO. 1, PROJECT NOS. 92-01, 92-03 & 92-04 The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9693 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LETTING NO. 2, PROJECT NOS. 92-02 & 92-09 The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9694 - RESOLUTION ACCEPTING $156,250 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. K CITY COUNCIL MINUTES - APRIL 14, 1992 (e) RESOLUTION NO. 9695 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICE The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF SETTING PUBLIC HEARING FOR INTOXICATING LIQUOR LICENSE APPLICATION AT LAMPLIGHTER LOUNGE II LOCATED AT PLAZA 15, GARY LANDREVILLE OWNER Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to approve and set a public hearing for April 28, 1992 at 8:00 P.M. (b) CONSIDERATION OF REQUEST BY KEITH GUNDERSON FOR ASSESSMENT PAYMENT SCHEDULE FOR LOT LOCATED BY VICTORIAN INN Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to table. (c) DISCUSSION OF MAINSTREET REQUEST FOR POPCORN WAGON IN LIBRARY SQUARE Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve and authorize the City Attorney to prepare a franchise agreement. (d) DISCUSSION OF LOCATING FARMERS MARKET BY LIBRARY SQUARE FOR 1992 SEASON Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve location. (e) CONSIDERATION OF AWARDING FUEL CONTRACT FOR 1992-93 Following discussion, the motion was made by Councilman 4 CITY COUNCIL MINUTES - APRIL 14, 1992 Erickson, seconded by Councilman Mlinar and unanimously carried, to award contract to low bid of Cenex. (f) CONSIDERATION OF AWARDING BID FOR VIBRATORY ASPHALT COMPACTOR Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unani- mously carried, to award bid for $18,500 to Vermeer Sales and Service. (g) CONSIDERATION OF CRACKFILLING EQUIPMENT PURCHASE Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve $21,070 for the purchase of crack - filling equipment. (h) CONSIDERATION OF 1991 WATER/SEWER FUND REIMBURSEMENT TO GENERAL FUND Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to approve reimbursement. (i) CONSIDERATION OF ESTABLISHING MAY 1 DEADLINE FOR PROPOSAL FROM JUNKER SANITATION FOR REFUSE SERVICE City Attorney Anderson stated the City had to comply with the Statute of a 90 -day waiting period to negotiate with the present hauler, Junker Sanitation. He suggested a date of May 15. Attorney Anderson reported there was a bill before the Legislature to extend the interim hauling until October 1. On January 1, 1993 there will be an ordinance to license all haulers. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to give Junker until May 15, and then proceed. (j) CONSIDERATION OF AWARDING WATER STORAGE TANK ENGINEERING CONTRACT Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to approve and award the contract to RCM. 5 CITY COUNCIL MINUTES - APRIL 14, 1992 (k) DISCUSSION OF OLD MUNICIPAL LANDFILL MITIGATION Engineer Rodeberg reported on the background of the issue. He stated it would cost $8,800 to complete the preliminary study and mitigation. The City had requested funding from the McLeod County Solid Waste Abatement Fund to help defray the cost of the study and to meet MPCA re- quirements. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve subject to County funding. (1) CONSIDERATION OF SETTING HEARING DATE REGARDING CROW RIVER DAM OPERATION AND MAINTENANCE PLAN Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously car- ried, to approve and set hearing for April 22, 1992 at 7:00 P.M. (m) DISCUSSION OF 1992 AIRPORT IMPROVEMENT The Director of Engineering reported on the proposed air- port expansion. He stated Federal Transportation funding might be available later this year, with matching City funds, to cover the $150,000 cost of the improvement. The City Engineer requested approval of three items to proceed with the project. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the three items. (n) CONSIDERATION OF MCLEOD COUNTY PURCHASE OF PROPERTY FOR CONSTRUCTION OF CSAH 8 (AIRPORT ROAD) (DEFERRED JANUARY 28, 1992) Engineer Rodeberg recommended the easements be given to McLeod County at a one dollar sum and the "other good and valuable considerations" noted in the easements be nego- tiated with the County. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve the recommendation and enter into temporary slope easement with the County. 0 CITY COUNCIL MINUTES - APRIL 14, 1992 (o) CONSIDERATION OF RESOLUTION REGARDING SPEED LIMITS ALONG AIRPORT ROAD The Director of Engineering commented on the speed limit along the fringe road. He did not want it to be a resi- dential speed or reduced less than 45 m.p.h. It would require State approval to reduce the speed limit. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve and to waive reading and adopt Resolution No. 9697. (p) CONSIDERATION OF AWARDING BID FOR RENTAL OF FARM LAND BY WASTEWATER TREATMENT PLANT Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried, to approve and enter into lease with Don Sitz. (q) DISCUSSION OF REORGANIZATION OF LEGAL AFFAIRS FOR CITY OF HUTCHINSON City Attorney Anderson stated the bulk of the routine issues were related to the Police Department. It was his firm's proposal that the City increase its budget by $10,000 for city attorney activities in 1992 and in sub- sequent years. An assistant city attorney would be hired by the law firm of Arnold & McDowell, including benefits, but have an office in the Police Department. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to approve $10,000 a year for an assistant city attorney and to provide staff support and an office in the Police Department. (r) CONSIDERATION OF EASEMENT RELEASE FOR BRUCE AND TRACI FENSKE Engineer Rodeberg stated the easement did not effect the Fenske parcel and could be released. Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to approve and sign the release of easement. 7 CITY COUNCIL MINUTES - APRIL 14, 1992 (s) CONSIDERATION OF PURCHASE AGREEMENT FOR CONDOMINIUM (LIQUOR STORE) The City Attorney reported he was waiting for the final copy of the agreement. No action was taken. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the joint Council and Utilities Commission meeting held last night. He commented that the Utilities had offered the City a suburban van and lawn mower tractor in exchange for free mowing services. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to approve and enter into agreement. (b) COMMUNICATIONS FROM FAIR BOARD REPRESENTATIVES Tim Ulrich and Jim Haugen presented a drawing of the pro- posed fair grounds layout. Discussion followed regarding some of the concerns related to the project. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the letter from Briggs and Morgan. He asked if there was some concern regarding the members of the Refuse Committee. Councilman Mlinar also inquired about the cable television issue. (d) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson stated it was brought to his atten- tion that Pishney Lane had parking on both sides of the street. Since emergency vehicles could not get through, it was his suggestion to limit parking to one side of the street. (e) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson commented on the letter received from Word of Life. He inquired about the status of the issue. 0 CITY COUNCIL MINUTES - APRIL 14, 1992 (f) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney reported he had met with D.D. Cable. It appeared the company qualified from a legal stand- point. Attorney Anderson stated a disciplinary hearing would be held on May 5. The Police Commission chairman requested authorization to hire legal counsel for the Commission. The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to approve the re- quest, subject to $5,000. City Attorney Anderson commented on the Dakota Rail is- sues. He presented a two-part settlement with the Les Kouba Parkway and the utilities land. The City could take two approaches: (1) go back to Dakota Rail with the suggestion of assessments as previously discussed as a settlement offer, or (2) go to Dakota Rail with condem- nation to enforce the original option. The City Attorney requested the City hire Dorsey & Whitney as legal counsel in a lawsuit since he could be called upon as a witness. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve Dorsey & Whitney as legal counsel. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported he was working with the County to rebuild the street after the detour was removed. An agreement between the County and State would make it a state aid highway while the detour is in effect. The City Engineer stated McDonald Drive, which goes past the trailer court, was being platted and would be re- corded. The property owner would dedicate the land to the City at no cost if the City would do the platting. (h) COMMUNICATIONS FROM MAYOR Mayor Ackland expressed concern regarding a newly opened restaurant/bar which was not operating according to ordi- nance requirements. He also questioned the name which was different than the one given on the application. 2 CITY COUNCIL MINUTES - APRIL 14, 1992 Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to establish the date of April 17 for food to be served or the operation would be shut down. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar 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. 10