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12-09-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 9, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikulecky and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and Acting City Attorney Ron Batty. 2. INVOCATION The invocation was given by Reverend E. David Natwick. Mayor Ackland read a letter from City Attorney James Schaefer in which he re- quested a leave of absence until such time as the allegations against him had been resolved. In the interim, Mayor Ackland requested the Council to approve the appointment of Ronald Batty of the LeFevre, Lefler, Kennedy, O'Brien & Drawz law firm as acting city attorney. Alderman Mlinar moved to approve the leave of absence and interim appointment. Motion seconded by Alderman Torgerson and car- ried unanimously. 3. MINUTES The minutes of the special meeting of November 20, 1986 and regular meeting of November 25, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - NOVEMBER 1986 (b) SNOW REMOVAL PERMITS: 1. ED KARG 8. LYLE LARSON 2. MARTY BARNES 9. ED RETTMAN, JR. 3. RON HANSEN 10. LARRY MCDONALD 4. ROD KRASEN 11. BRUCE RAHN 5. JOE SCHULZ 12. CARL CHRISTENSEN 6. KERRY KRUEGER 13. DARROLD ZIEGLER - JUUL CONTRACTING 7. MILT HANSON 14. DALE STURGES (c) RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR D'VINCI'S OF HUTCHINSON The motion was made by Alderman Torgerson to order the minutes and re- port filed and to issue the permits and license. Motion seconded by Alderman Mikuiecky and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 223 - IMPROVEMENT PROJECT NO. 86-14 1 CITY COUNCIL MINUTES - DECEMBER 9, 1986 Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing regarding Project No. 86-14. There being no one present to be heard, Alderman Mikulecky moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Mlinar and carried unani- mously. Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Carls, to adopt assessment roll No. 223 and to waive reading and adopt Resolution No. 8434. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 27/86 - AN ORDINANCE AMENDING SECTION 1025 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED: NUISANCES PROHIBITED Alderman Mikulecky moved to waive second reading and adopt Ordinance No. 753. Alderman Torgerson seconded the motion and unanimously car- ried. (b) ORDINANCE NO. 28/86 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive second reading and adopt Ordinance No. 754. Motion carried unanimously. (c) RESOLUTION NO. 8432 - TRANSFERRING $276,465 FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1984 PARKING IMPROVEMENT FUND During discussion, Alderman Carls requested to add the topic of tax increment districts to the agenda of the next workshop or Council meet- ing. Alderman Carls moved to waive reading and adopt Resolution No. 8432. Motion seconded by Alderman Torgerson and unanimously carried. (d) RESOLUTION NO. 8433 - RESOLUTION CONCURRING IN THE ACTION OF THE HUTCHINSON UTILITIES COMMISSION OF THE CITY OF HUTCHINSON IN ACCEPTING BID ON SALE AND PROVIDING FOR THE ISSUANCE OF $3,920,000 ELECTRIC UTILITY REVENUE BONDS OF 1986 The Utilities Commission's bond consultant from Juran & Moody reported on the bids received today and reviewed Resolution No. 8433. Follow- ing discussion, the motion was made by Alderman Mlinar to waive reading and adopt Resolution No. 8433. Motion seconded by Alderman Torgerson and carried, with Alderman Mikulecky abstaining from voting. 1 CITY COUNCIL MINUTES - DECEMBER 9, 1986 8. UNFINISHED BUSINESS (a) CONSIDERATION OF POLICY FOR RECONSTRUCTION OF CITY STREETS (DEFERRED NOVEMBER 25, 1986) Director of Engineering Priebe reviewed his memorandum regarding the reconstruction of streets. Following discussion, Alderman Torgerson moved to adopt the policy of reconstruction of 20 percent of the cost to properties based on the short side frontage. Motion seconded by the Chair. The motion was amended by Alderman Torgerson to be a minimum of 20 percent. Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. (b) CONSIDERATION OF 1987 IMPROVEMENT PROJECTS (DEFERRED NOV. 25, 1986) Engineer Priebe reported on the 1987 improvement projects. It was the consensus of the Council to delete projects 87-18 and 87-25 through 87-30. A final report will be presented at the next Council meeting. (c) CONSIDERATION OF ESTABLISHING BID DATE FOR DEMOLITION/REMOVAL OF HOUSE AT 115 FRANKLIN STREET NORTH Following discussion, the motion was made by Alderman Torgerson to approve opening bids on December 15, 1986 at 2:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH BIDDING PROCESS FOR WASTEWATER TREATMENT PLANT Mr. Mike Hoff of Donohue & Associates clarified the intent of some of the actions from the last Council meeting and reviewed the bidding process for the wastewater treatment plant. The City will be respon- sible for the bidding cost of approximately $67,500. Following discussion, Alderman Torgerson moved to approve authorization for Donohue & Associates to proceed with the bidding process for the wastewater treatment plant. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve advertising for bids on December 18, 1986 and to open bids January 29, 1987 at 3:00 P.M. Motion unanimously carried. The request was made by Mr. Hoff that Don Roecker be reimbursed for the $3,000 expended to submit the grant to the MPCA. After discussion, the motion was made by Alderman Mlinar to authorize $1,500 toward this amount. Motion seconded by Alderman Mikulecky and carried three to two, with roll call vote of Aldermen Mlinar, Torgerson and the Mayor voting aye and Aldermen Carls and Mikulecky voting nay. 3 CITY COUNCIL MINUTES - DECEMBER 9, 1986 (b) CONSIDERATION OF FIRE DEPARTMENT SELLING FOUR PAGERS AND PURCHASING TWO NEW PAGERS Alderman Carls moved to approve the transaction. Motion seconded by Alderman Mikulecky and carried unanimously. (c) CONSIDERATION OF REQUEST FOR BUILDING FUND FOR SENIOR CITIZENS Following discussion of establishing a fund for senior citizens, the motion was made by Alderman Carls to defer until the December 23 meet- ing. Alderman Torgerson seconded the motion and unanimously carried. (d) CONSIDERATION OF NOTICE OF ORDER TO REPAIR OR REMOVE STRUCTURE LOCATED AT 239 FIFTH AVENUE SOUTHWEST After discussion, Alderman Torgerson moved to authorize signing the order. Motion seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF EXTENDING POLICE PATROLMAN'S LONGEVITY PAY PLAN Police patrolman representatives requested the longevity pay plan be extended from 13 years of service to 23 years of service, with a five percent pay increase. Following discussion, the motion was made by Alderman Torgerson to adopt the longevity pay plan extension from 13 years to 23 years for a total of five percent as presented. Motion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FOR ANNUAL WAGE ADJUSTMENT Personnel Coordinator Sitz reviewed the annual wage adjustment and recommended a 3.5 percent wage adjustment for 1987. Following discus- sion, Alderman Carls moved to defer action on the annual wage adjust- ment until the December 23 meeting, with direction that the Personnel Coordinator provide the information requested. Motion seconded by Alderman Torgerson and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the bond financial consultant specifica- tions had been prepared. The Council was asked if they wished to be involved in the bidding process and selection. Alderman Carls was directed to work with City staff. It was suggested that a proposal form be mailed to all local attorneys for selection of a city attorney appointment in January. Alderman Carls moved to authorize the proposal. Motion seconded by Alderman Torgerson and unanimously carried. 4 CITY COUNCIL MINUTES - DECEMBER 9, 1986 City Administrator Plotz commented on the meeting notice received from the Police Civil Service Commission for December 16, 1986 at 6:30 P.M. The City Council was requested to attend. Following discussion, Alder- man Mlinar moved to set a special Council open meeting in City Hall for 5:30 P.M. on December 16, 1986. Alderman Torgerson seconded the motion and carried unanimously. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that the Fire Department was interested in one of the used squad cars for a Fire Chief's vehicle when it is re- placed. An inquiry was made regarding the status of the easements for the wastewater treatment plant site. Administrator Plotz stated that Jim Schaefer would summarize the status of the easements for follow-up by the LeFevre law firm. Alderman Torgerson inquired about the availability of the Hutchmobile for use by the Lions Club. Mr. Plotz stated the City preferred to let the private market provide this type of service. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked about Hutchmobile bus service on New Year's Eve. He was told the bus would be available for free transportation, and a notice would be sent to all the local liquor establishments. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe inquired if the Freemont Avenue cul-de-sac was a dead issue. He further stated the contractor needed to be contacted regard- ing his bid on the project. Mayor'Ackland stated it was a dead issue unless the City pursued it, which could result in a lawsuit. Alderman Carls moved to reject the bids on the cul-de-sac. Motion sec- onded by Alderman Mikulecky. Motion failed four to one, with Alderman Torgerson casting the one aye vote. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported the LeFevre law firm did not wish to handle the City's police prosecution cases. Therefore, he had contacted the County Attorney's office and Attorney Roger Gilmer regarding this mat- ter. It was the consensus of the Council that someone from outside the community should be hired on an interim basis. Alderman Torgerson moved to authorize the City Administrator to hire an interim attorney from outside the area. Motion seconded by Alderman Carls and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 5 CITY COUNCIL MINUTES - DECEMBER 9, 1986 (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion unan- imously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:03 P.M. N