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02-28-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 28, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M., with the fol- lowing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend David Natwick. 3. MINUTES The minutes of the regular meeting of February 14, 1984 were approved unani- mously. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MINUTES DATED JANUARY 31, 1984 2. MONTHLY FINANCIAL REPORT - JANUARY 1984 3. AIRPORT ZONING BOARD MINUTES DATED JANUARY 12, 1984 4. PARK & RECREATION BOARD MINUTES DATED JANUARY 4, 1984 5. PLANNING COMMISSION MINUTES DATED JANUARY 17, 1984 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (b) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY ANNE M. GROEHLER Following discussion, it was moved by Alderman Carls, seconded by Alder- man Mlinar, to approve the request for reduced trash and refuse rate. Motion approved unanimously. (c) RESOLUTION NO. 7664 - RESOLUTION FOR PURCHASE After discussion, the motion was made by Alderman Carls to waive read- ing and adopt Resolution No. 7664. Motion seconded by Alderman Mlinar and carried unanimously. N COUNCIL MINUTES FEBRUARY 28, 1984 5. PUBLIC HEARING - 8:00 P.M. (a) PROPOSED RECONSTRUCTION OF T.H. 7 FROM FIFTH AVENUE NE TO EAST CITY LIMITS Mr. Gene Setrum from the Minnesota Department of Transportation presented a preliminary plan of the proposed project for Highway 7 East which would be done in 1985. The estimated cost was $650-700,000, with the City pay- ing 60% and the State 40%. He stated the purpose of the project was to reduce speed and improve drainage in the area. Several businessmen who have businesses located on Highway 7 East expressed opposition to the project. They questioned how speed would be reduced by reconstructing the road. It was felt that there was no problem with drain- age, and the road only needed to be resurfaced. The main objection to the project was the time involved when the highway would be closed off, which would hurt their business. Following lengthy discussion, the motion was made by Alderman Torgerson to close the hearing at 8:40 P.M. Motion seconded by Alderman Mlinar and carried unanimously. Alderman Carls moved to approve the Minnesota Department of Transportation to proceed with the study for the improvement of T.H. 7 East and to waive reading and adopt Resolution No. 7665. Alderman Torgerson seconded the motion, and it unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF EXPANDING THE PARKING ASSESSMENT DISTRICT IN LIEU OF PROVIDING OFF STREET PARKING UNDER THE CITY'S ZONING ORDINANCE FOR A NEW DEVELOPMENT Mr. Richard Larson presented a proposal for a one-story commercial build- ing on the corner of Hassan Street and First Avenue Southeast. He re- quested the City to include this property into the downtown parking assess- ment district. City Administrator Plotz explained the formula and policy used to assess the downtown parking district. He stated the area could be enlarged by authorizing the City Attorney to prepare a resolution and/or ordinance which would allow the inclusion in the district and enlarge the assessment district to accommodate the project. It was moved by Alderman Mlinar to approve the policy and refer it to the City Attorney to draw up a resolution and/or ordinance to enforce it. Mo- tion seconded by Alderman Torgerson and carried, with Alderman Mikulecky abstaining from voting. -2- COUNCIL MINUTES FEBRUARY 28, 1984 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7660 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PROJECT NO. 84-03 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 7660. Motion approved unanimously. (b) RESOLUTION NO. 7662 - RESOLUTION OF APPRECIATION ON RETIREMENT OF FINLEY MIX After discussion, it was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7662. Motion seconded by Alderman Torgerson and unanimously carried. (c) RESOLUTION NO. 7663 - RESOLUTION OF APPRECIATION FOR MARK KAPING Following discussion, Alderman Mikulecky made the motion to waive reading and adopt Resolution No. 7663. Alderman Carls seconded the motion, and it carried unanimously. S. UNFINISHED BUSINESS (a) CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR STREET NAME IN HELLAND'S FIFTH ADDITION It was the recommendation of the Planning Commission for the unnamed street in Helland's Fifth Addition to be named Carolina Avenue. After discussion, the motion was made by Alderman Carls to approve the name of Carolina Avenue. Motion seconded by Alderman Mlinar and unani- mously carried. (b) CONSIDERATION OF RECOMMENDATION OF PUBLIC FACILITIES TASK FORCE Chairman Dick Burgart presented a final report on the activities of the Public Facilities Task.Force. He stated that trying to prioritize six different items was next to impossible, and no one item had top priority. Therefore, the committee was divided into two sub -committees. Some of the items were logical conclusions as a result of their study. Mr. Donn Hoffman, Chairman of the Recreation Sub -Committee, summarized the committee's meetings and motions made. He stated the recreation fa- cility issue was approached from the viewpoint of "what would serve the most purposes and what are the greatest needs?" The civic arena site was chosen for a location of the facility. Korngiebel Architects was -3- COUNCIL MINUTES FEBRUARY 28, 1984 asked to prepare a preliminary plan, and it was the recommendation of the sub -committee to include segments A and B of the plan in the new struc- ture. The approximate cost would be $1,000,000 to $1,300,000, less avail- able city funds. The proposed facility would be presented to the public as a bond issue. The inclusion of a swimming pool would be an additional $600,000. Mr. Chad Piehl, Chairman of the Public Buildings Sub -Committee, gave a re- port regarding the library, police station, old fire hall, city hall, and city property. It was the conclusion of the sub -committee that the Library Board had done a thorough study, and the outcome would be determined by a referendum. Several possibilities were considered for the police station. The sub- committee decided the best alternative was to utilize the old fire hall and build onto it. The estimated cost was $400-500,000 for the building, without land acquisition. It was felt that the police department should remain downtown. Mr. Piehl reported that City Hall was poorly designed for its present use. It was the sub -committee's recommendation to renovate the building, start- ing with the ventilation system and roof repair, do an energy upgrade and long-term maintenance. Regarding city -owned property, the sub -committee recommended selling it and putting the money into the city funds. Mayor Stearns commented that he hoped the Council would take these reports into consideration for future action. Alderman Carls directed the City Administrator to send a letter of appre- ciation to the members of the Public Facilities Task Force for the work they have done. (c) CONSIDERATION OF REFUNDING 1981 PARKING BONDS AND REFUNDING 1980 TAX INCREMENT BOND ISSUE (EVERGREEN APTS. & MISCELLANEOUS) AND REFUNDING S&L TAX INCREMENT BONDS Mr. Bill Fahey of Ehlers & Associates informed the City Council how the City could save money by refunding the parking improvement bonds and the tax increment bonds of 1980 and adjusting the maturity schedule. Two reso- lutions were presented for adoption. The first one, Resolution No. 7666, would repeal Resolution No. 7644 adopted January 24, 1984, and provide for the public sale of $1,050,000 general obligation improvement bonds of 1984, $750,000 general obligation library bonds of 1984, and $765,000 general obligation parking improvement refunding bonds of 1984. Resolution No. 7667 related to the $600,000 general obligation tax increment refunding bonds of 1984 and public sale. The bids for the aforementioned would be opened on April 10, 1984 at 11:30 A.M. -4- COUNCIL MINUTES FEBRUARY 28, 1984 Following discussion, Alderman Carls moved to waive reading and adopt Resolution No. 7666. Motion seconded by Alderman Mlinar and carried, with Aldermen Carls, Mlinar, Torgerson and Mayor Stearns voting aye and Alderman Mikulecky voting nay. After discussion, it was moved by Alderman Torgerson, seconded by Alder- man Mlinar, to approve and waive reading and adopt Resolution No. 7667. Motion carried, with Aldermen Carls, Mlinar, Torgerson and Mayor Stearns voting aye and Alderman Mikulecky voting nay. It was noted that Alderman Mikulecky was in favor of the savings but questioned the sale of bonds with the pending litigation. City Attorney Schaefer stated there was no legal problem with selling the bonds, but no one may want to buy them with an unresolved litigation. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER & SEWER ACCOUNTS No one was present to request an extension of the payment period. Upon motion by Alderman Carls, seconded by Alderman Mikulecky, it was moved to authorize discontinuation of service at noon on March 5, 1984 unless other arrangements were made as noted in the memorandum. Motion carried unani- mo us ly . (b) CONSIDERATION OF REMODELING EXTERIOR OF MUNICIPAL LIQUOR STORE AND PURCHASING COOLER Manager Chuck Nelson reported on the two bids received for a cooler at the liquor store. It was his recommendation to accept the lower bid from Su- perior Products in the amount of $2,015. The trucker who hauls the City's beer supply will deliver the cooler from St. Paul at a charge of $1.70 per 100 pounds. The cooler weighs 682 pounds. The motion was made by Alderman Carls to approve the purchase of the cooler for the lower price. Motion seconded by Alderman Torgerson and approved unanimously. Mr. Nelson stated that two bids were received for remodeling the front of the liquor store. Alderman Mlinar commented that a City employee was cap- able of doing the remodeling work and cut the cost. Following discussion, Alderman Torgerson moved that the Parks and Recrea- tion Department employee(s) be authorized to do the remodeling project at the liquor store. Alderman Mlinar seconded the motion. The motion was amended by Alderman Mikulecky to not exceed $2,500 expenditure on the project. Alderman Torgerson seconded the amended motion, and it carried with Alderman Carls voting nay. The motion carried with Alderman Carls voting nay. -5- COUNCIL MINUTES FEBRUARY 28, 1984 Alderman Carls moved that the budgets for the liquor store and water/ sewer fund be considered at the same time as the City budget and start work on the budgets in August. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF PHYSICAL FITNESS PROGRAM FOR POLICE DEPARTMENT After discussion, it was moved by Alderman Carls, seconded by Alderman Torgerson, that the program be tabled indefinitely. Motion unanimously approved. (d) CONSIDERATION OF REPEALING ORDINANCE NO. 518 RELATING TO TRANSPORTATION BOARD Following discussion, the motion was made by Alderman Torgerson to approve repealing Ordinance No. 518 and to waive first reading of Ordinance No. 1/84 to dissolve the Transportation Board and to set the second reading for March 13, 1984. Alderman Mikulecky seconded the motion, and it car- ried unanimously. (e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCH AGRI-TECH WITH FAVORABLE RECOMMENDATION OF THE PLANNING COMMISSION WITH CONTINGENCIES An application was received from Hutch Agri -Tech for a conditional use permit to allow the construction of a 48' by 112' addition to an existing structure in an IC -1 zone. A revised plan was submitted to the Council which provided for the requested six parking spaces to the rear of the building. After discussion, Alderman Torgerson moved to approve the conditional use permit and to waive reading and adopt Resolution No. 7661. Alderman Miku- lecky seconded the motion, and it unanimously carried. (f) CONSIDERATION OF SKETCH PLAN SUBMITTED TO MCLEOD COUNTY BY GERALD GASSMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Torgerson to approve the sketch plan with favorable recommendation of the Planning Commission. Motion seconded by Alderman Mlinar and approved unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED TO MCLEOD COUNTY BY SUE CALLIER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to recommend approval to McLeod County. Motion car- ried unanimously. M COUNCIL MINUTES FEBRUARY 28, 1984 (h) CONSIDERATION OF ESTABLISHING SEMI-ANNUAL PAYMENTS FOR ON SALE LIQUOR LICENSES (REQUESTED BY ALDERMAN MIKULECKY) Alderman Mikulecky requested that the payment for intoxicating liquor licenses be payable on a semi-annual basis on April 1 and October 1. He pointed out it was a large fee to pay at one time. Following discussion, it was moved by Alderman Mikulecky to authorize the City Attorney to draft an amendment authorizing semi-annual restaurant on -sale intoxicating liquor licenses with semi-annual payments due on April 1 and October 1, contingent upon approval from the Attorney Gen- eral's office. The motion was seconded by Alderman Torgerson and car- ried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the three resolutions adopted by the City Council regarding the South Grade Road area. The State Depart- ment had reviewed the resolutions, and the only one accepted was for a stop light. The State would provide all the hardware for the lights and the City would provide four wood poles and labor. The suspended temporary lights would be installed in May or June with authorization from the Coun- cil. After discussion, the motion was made by Alderman Carls to proceed with the next step and have a contract drawn up with the State for the tempor- ary signal lights. Motion seconded by Alderman Mlinar and approved unani- mously. The Council was reminded of a workshop to be held March 1, 1984 at 5:30 P.M. in the fire station conference room, at which time tax increment financing would be discussed with the Community Development Corporation members. Later that same evening another meeting with the Community Development Cor- poration and Main Street businessmen will be held at LeBistro Cafe. Since sprinkling has been a high priority, Mr. Plotz requested the Fire Marshal to be present for a presentation. Administrator Plotz suggested another Council workshop be scheduled to meet with the HRA and LeBistro's management to further discuss their re- quest for a wine license. It was the consensus of the Council to schedule a workshop for March 15, 1984 at 5:15 P.M. in the fire station conference room. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported that the Church Council of Faith Lutheran Church was requesting a street light behind the church property. -7- COUNCIL MINUTES FEBRUARY 28, 1984 Following discussion, Alderman Torgerson moved to refer the request to Hutchinson Utilities Commission. Motion seconded by Alderman Mlinar and unanimously carried. Maintenance Operations Director Ralph Neumann commented that this request was unusual since it involved alley lighting. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Mlinar made the motion to approve the claims and authorize pay- ment from appropriate funds. Motion seconded by Alderman Carls and car- ried, with Alderman Mikulecky abstaining from voting on the 1981 parking bonds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:25 P.M. ON 2