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11-10-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, NOVEMBER 10, 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 City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of October 28, 1986 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1986 2. HOSPITAL BOARD MINUTES OF SEPTEMBER 18, 1986 (b) SNOW REMOVAL PERMITS: 1. GENE BETKER 6. JIM HAASL 2. DEL CROTTEAU - C & C SNOW REMOVAL 7. CALVIN JOHNSON 3. LLOYD CHRISTENSEN 8. MARK SHOUTZ 4. JAMIE EMANS 9. RICHARD SMYKALSKI 5. DICK EWERT 10. FLORIAN THODE The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the minutes and report filed and to issue the permits. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REPLACEMENT DRAINAGE FOR AFFECTED PROPERTY AT MAPLEWOOD ACADEMY City Attorney Schaefer stated that in the event of a lawsuit, it would have to be proven that the drainage line was severed and at what point. Following discussion, Alderman Carls moved to direct the City Attorney and City Engineer in a cooperative effort to research the titles of the properties where it is suspected or known the line has run and report back to the City Council at the next meeting and for the City Attorney CITY COUNCIL MINUTES - NOVEMBER 10, 1986 to shed some information on this case and the City's chances of winning a lawsuit if it goes to court. Motion seconded by Alderman Mlinar and carried unanimously. (b) PRESENTATION OF PLAQUE TO JOSEPH DANSEREAU Mayor Ackland presented Joseph Dansereau with a plaque of appreciation for his years of service on the Police Civil Service Commission. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 25/86 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 21 - NO. 24 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Mikulecky moved to waive second reading and adopt Ordinance No. 751. Motion seconded by Alderman Torgerson and unanimously car- ried. (b) RESOLUTION NO. 8415 - RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN The motion was made by Alderman Torgerson, seconded by Alderman Carl s, to waive reading and adopt Resolution No. 8415. Motion unanimously carried. (c) RESOLUTION NO. 8416 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8416. Motion seconded by Alderman Carls and carried unanimously. (d) RESOLUTION NO. 8417 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8417. Motion unanimously carried. (e) RESOLUTION NO. 8418 - RESOLUTION APPOINTING CITY ADMINISTRATOR AS CONTACT PERSON FOR SEWAGE TREATMENT PLANT CONSTRUCTION GRANT Alderman Mikulecky moved to waive reading and adopt Resolution No. 8418. Motion seconded by Alderman Torgerson and carried unanimously. (f) ORDINANCE NO. 26/86 - AN ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 14 THERETO The motion was made by Alderman Carls, seconded by Alderman Torgerson, 2 CITY COUNCIL MINUTES - NOVEMBER 10, 1986 to waive the second reading and adopt Ordinance No. 752. Motion car- ried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DEFERRED ASSESSMENTS City Administrator Plotz presented a proposed policy on determining the costs payable at the time deferred assessments were activated. He stated the principal plus accumulated interest charges can never exceed the present day cost of installing the improvement project. The rate of interest charged in assessments would remain during the life of the bond and five percent per annum thereafter. After discussion, Alderman Torgerson moved to accept the deferred assessments policy as presented. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SANTELMAN'S SECOND ADDITION (DEFERRED OCTOBER 14, 1986) Following discussion, the motion was made by Alderman Mlinar to approve the subdivision agreement, including the date change to 1987 under item No. 2, page one. Motion seconded by Alderman Carls. The motion was amended by Alderman Torgerson to defer Assessment Rolls No. 58, No. 59 and No. 73. Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. (c) CONSIDERATION OF SETTING ASSESSMENT HEARING DATE FOR PROJECT NO. 86-14, ASSESSMENT ROLL NO. 223 Following discussion, Alderman Torgerson moved to set a hearing date of December 9, 1986 at 8:00 P.M. for Assessment Roll No. 223 and to waive reading and adopt Resolutions No. 8419 and No. 8420, with reduced cost as presented and the clearing of the area and common berm as recommend- ed by City Engineer. Motion seconded by Alderman Carls and carried unanimously. (d) DISCUSSION OF STRENGTHENING CONTROL OF JUNK CARS BY ORDINANCE (DEFERRED OCTOBER 28, 1986) After discussion, Alderman Carls moved to direct the City Attorney to prepare a draft of Matthews Municipal Ordinance for the next City Council meeting. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF HIGHWAY 15 SOUTH IMPROVEMENT - PROJECT NO. 87-06 The Council discussed approval of only a portion of the project. In answer to a question raised about the proposed sidewalk in front of the Mall, Engineer Priebe reported the City would be responsible for main - 3 CITY COUNCIL MINUTES - NOVEMBER 10, 1986 taining the sidewalk. Following discussion, Alderman Carls moved that Mr. Gene Setrum of the Willmar DOT office and an official from the State MN/DOT headquarters attend the next City Council meeting to answer questions on project No. 87-06. Motion seconded by Alderman Torgerson and carried unanimously. RECESS: The City Council adjourned at 9:05 P.M. for a five-minute recess. 9. NEW BUSINESS (a) CONSIDERATION OF REPLACING MICROWAVE OVEN FOR SENIOR CENTER The motion was made by Alderman Carls, seconded by Alderman Miinar, to approve the request. Motion unanimously carried. (b) CONSIDERATION OF SUBDIVISION AGREEMENT FOR CAMPBELL LAKE ADDITION Following discussion, Alderman Torgerson moved to approve the subdi- vision agreement for Campbell Lake Addition. Motion seconded by Ald- erman Mlinar and carried unanimously. (c) CONSIDERATION OF AUTHORIZING INSTALLATION OF FAN AND BLOWER FOR AERATION AT WATER PLANT The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the installation of a fan and blower. Motion unanimously carried. (d) CONSIDERATION OF DISBURSEMENT OF FORESTRY REVENUE City Forester Schnobrich reported the Tree Board was recommending the Council allow future forestry revenues to be used for additional tree purchases instead of going into the general fund. Following discussion, no action was taken by the Council. However, the City Forester was directed to check into shared ownership of a tree spade with the Crow River Country Club, McLeod County, or some other community and also the possibility of a tree nursery in Hutchinson. (e) CONSIDERATION OF APPOINTING CHARLES BAILLY & COMPANY AS 1986 AUDITORS The motion was made by Alderman Carls that the City Administrator con- tact five cities approximately the size of Hutchinson to determine what they pay for audit fees, with a report to the Council. Motion seconded by Alderman Mikulecky and unanimously carried. (f) CONSIDERATION OF FIRE HYDRANTS It was reported that a public hearing would be necessary if the cost for fire hydrants was assessed. Mr. Newell Weed had offered to pay 4 CITY COUNCIL MINUTES - NOVEMBER 10, 1986 through the assessment method for the fire hydrants at Greencastle and to obtain a petition from the other affected property owners. After discussion, Alderman Torgerson moved to direct Newell Weed to get a petition signed and to submit it to City staff. Motion seconded by Alderman Carls and carried unanimously. (g) CONSIDERATION OF ELECTRO WATCHMAN AGREEMENTS FOR SEWER AND WATER DEPARTMENT AND OUR SAVIOR LIFT STATION The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve and sign the agreements. Motion unanimously carried. (h) CONSIDERATION OF AMENDING DENTAL INSURANCE COVERAGE TO INCLUDE 25 -YEAR OLD STUDENTS Following discussion, Alderman Mikulecky moved to reject the amendment to the dental insurance coverage. Motion seconded by Alderman Carls and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on several upcoming meeting dates. He reported the State Fire Marshall would be in Hutchinson on November 17 to determine the requirement of a stand pipe in the Greencastle building. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the action being taken regarding the junk truck at Second Avenue and Erie. The City Attorney stated he was drafting a complaint on the issue. Alderman Torgerson asked about the County waste. Engineer Priebe re- ported the Solid Waste Committee had met, and he was waiting for a re- port which will be discussed at the next Council meeting. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired if the City Administrator had been in con- tact with the State regarding the airport appraisals. Mr. Plotz re- sponded that he had some additional information, and he would be call- ing the State office. Alderman Mikulecky asked the City Attorney about his report on the parking appeals from the downtown parking program. (d) COMMUNICATIONS FROM CITY ATTORNEY 5 CITY COUNCIL MINUTES - NOVEMBER 10, 1986 City Attorney Schaefer reported that the City should have a decision from the District Court by the end of the week regarding the closed meeting held by the City Council. He also commented on the correspon- dence received from John Miller and James DeMeyer regarding park land. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on the audio problem that Cable TV was exper- iencing in taping the Council meetings and asked for Council opinion on the City's responsibility to have the public view the meetings. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion car- ried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 P.M. J,