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02-25-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 25, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman John M l i nar, Alderman Marlin Torgerson, Alder- man lder- man Pat Mikulecky and Mayor Paul L. Ackland. Absent: Alderman Mike Car 1 s. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Gerrit Molenaar, Jr. 3. MINUTES The minutes of the regular meeting of February 11, 1986 and special joint meeting of February 12, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1986 2. TREE BOARD MINUTES DATED DECEMBER 4, 1985 AND JANUARY 8, 1986 3. PARKS & RECREATION BOARD MINUTES DATED DECEMBER 4, 1985 AND JANUARY 8, 1986 4. PLANNING COMMISSION MINUTES DATED JANUARY 21, 1986 5. NURSING HOME BOARD MINUTES DATED JANUARY 23, 1986 6. HOSPITAL BOARD MINUTES DATED JANUARY 22, 1986 7. CHARTER COMMISSION MINUTES DATED FEBRUARY 11, 1986 Alderman Torgerson moved to order the report and minutes filed. Mo- tion seconded by Alderman Mikulecky and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 209 - PROJECT NO. 86-01 & 86-02 Mayor Ackland called the hearing to order at 8:00 P.M. There being no one present to be heard, Alderman Torgerson moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve assessment roll No. 209 and to waive reading and adopt 1 CITY COUNCIL MINUTES - FEBRUARY 25, 1986 Resolution No. 8230. Motion carried unanimously. (b) ASSESSMENT ROLL NO. 210 - PROJECT NO. 86-03 Mayor Ackland called the hearing to order at 8:02 P.M. No one was present to be heard regarding the project. Alderman Miku- lecky moved to close the hearing at 8:03 P.M. Motion seconded by Ald- erman Torgerson and unanimously carried. The motion was made by Alderman Mikulecky, seconded by Alderman Tor- gerson, to approve assessment roll No. 210 and to waive reading and adopt Resolution No. 8231. Motion carried unanimously. (c) ASSESSMENT ROLL NO. 211 - PROJECT NO. 86-01 Mayor Ackland called the hearing to order at 8:04 P.M. There being no one present to be heard, Alderman Torgerson moved to close the hearing at 8:05 P.M. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve assessment roll No. 211 and to waive reading and adopt Resolution No. 8232. Motion carried unanimously. (d) ASSESSMENT ROLL NO. 212 - PROJECT NO. 86-01 Mayor Ackland called the hearing at order at 8:06 P.M. No one was present to be heard regarding the project. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to close the hearing at 8:07 P.M. Motion unanimously carried. Alderman Mlinar moved to approve assessment rol l No. 212 and to waive reading and adopt Resolution No. 8233. Motion seconded by Alderman Mikulecky and carried unanimously. (e) ASSESSMENT ROLL NO. 213 - PROJECT NO. 86-01 Mayor Ackland called the hearing to order at 8:08 P.M. There being no one present to be heard, Alderman Mlinar moved to close the hearing at 8:09 P.M. Motion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve assessment roll No. 213 and to waive reading and adopt Res- olution No. 8234. Motion carried unanimously. E CITY COUNCIL MINUTES - FEBRUARY 25, 1986 (f) ASSESSMENT ROLL NO. 214 - PROJECT NO. 86403 Mayor Ackland called the hearing to order at 8:10 P.M. Mr. Jerry Homan, 1116 Randall Road, objected to the assessment of his property in the amount of $751.07 since his lot was located on a curve. He requested the frontage of lot 38 be divided in half and assessed on a corner lot basis. City Engineer Priebe reported that in 1969 the street improvement was assessed on a corner lot basis per Council approval. Based on previous Council action, Mr. Homan could receive a credit of $208.57, for a net charge of $542.50 if the Council approved it. Mayor Ackland read a letter from James G. DeMeyer, 364 Larson Street, stating his objection to the project. Alderman Mlinar moved to close the hearing at 8:30 P.M. Motion sec- onded by Alderman Torgerson and carried unanimously. The motion was made by Alderman Torgerson to credit account No. 109, lot 38, block 1, Oak Park Second Addition, address 1116 Randall Road, to receive the same credit as based on previous action (1969) of 59.59 feet. Motion seconded by Alderman Mikulecky and unanimously carried. Alderman Mlinar moved to approve assessment roll No. 214 as corrected and to waive reading and adopt Resolution Mo. 8235. Motion seconded by Alderman Torgerson and carried unanimously. (g) ASSESSMENT ROLL NO. 215 - PROJECT NO. 86-02, 86-03 & 86-05 Mayor Ackland called the hearing to order at 8:34 P.M. No one was present to be heard regarding the project. It was moved by Alderman Mlinar to close the hearing at 8:35 P.M. Mo- tion seconded by Alderman Torgerson and unanimously carried. Alderman Mlinar moved to approve assessment roll No. 215 and to waive reading and adopt Resolution No. 8236. Motion seconded by Alderman Torgerson and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS OF CITY PROPERTY LOCATED AT PROSPECT AND HIGHWAY 7 EAST (REQUESTED BY ALDERMAN PAT MIKULECKY) Alderman Mikulecky stated that since the property located at Hwy. 7 East and Prospect Street was no longer a potential site for the pro- posed police station, it should be transferred from the liquor fund to the water/sewer fund. 3 CITY COUNCIL MINUTES - FEBRUARY 25, 1986 Following discussion, the motion was made by Alderman Torgerson to di- rect the City Attorney to draft a Resolution of transfer for the next City Council meeting. Motion seconded by Alderman Mlinar and carried unanimously. (b) REPORT BY CITY ATTORNEY ON ROBERT MCGEE LAWSUIT (DEFERRED FEBRUARY 11, 1986) City Attorney Schaefer reported he had not received a response from the attorney for Junker Sanitation. A March 26 court date had been sched- uled. (c) REPORT BY CITY ATTORNEY ON STATUS OF BENJAMIN-NEMITZ AND CITY OF HUTCHINSON PARKING LOT DISPUTE (DEFERRED JANUARY 28, 1986) The City Attorney stated that since the last Council meeting he had not received any signed agreement from the Benjamins. No court date had been scheduled; therefore, Attorney McGraw would have to petition the court to reschedule a hearing. (d) UPDATE REPORT BY DIRECTOR OF ENGINEERING ON WATER DEPARTMENT IMPROVEMENT PROGRAM City Engineer Priebe reported on the improvement program for the water department. He stated the water needs report should be updated, but it was not a budgeted item for 1986. Following discussion, Alderman Torgerson moved to direct the City En- gineer to proceed with plans and cost figures for the three projects that are already budgeted and to submit a formal process bid for the water needs report. Motion seconded by Alderman Mikulecky and carried unanimously. (e) CONSIDERATION OF REQUEST FOR CITY ATTORNEY TO ATTEND MISDEMEANOR AND GROSS MISDEMEANOR SEMINAR ON APRIL 4, 1986 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the request. Motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 4/86 - ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE WAY TRAFFIC It was moved by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive second reading and adopt Ordinance No. 732. (b) RESOLUTION NO. 8226 - RESOLUTION SUPPORTING GOVERNMENT FUNDING PROGRAMS 4 CITY COUNCIL MINUTES - FEBRUARY 25, 1986 Alderman Torgerson moved to waive reading and adopt Resolution No. 8226. Motion seconded by Alderman Mikulecky and carried unanimously. (c) RESOLUTION NO. 8228 - RESOLUTION ACCEPTING STEP 2 ADVANCE OF ALLOWANCE FROM STATE OF MINNESOTA FOR WASTEWATER TREATMENT PLANT The motion was made by Alderman Mikulecky, seconded by Alderman Tor- gerson, to waive reading and adopt Resolution No. 8228. Motion unani- mously carried. (d) RESOLUTION NO. 8229 - RESOLUTION FOR PURCHASE It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8229. Motion carried unani- mously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PLATTING FOR CONDOMINIUM SITES (DEFERRED FEBRUARY 11, 1986) City Attorney Schaefer remarked that it was his intention to meet with the City Administrator and City Engineer to review subdivision and zon- ing ordinances. No action was taken. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson to authorize discontinuation of service as recommended unless prior arrangements had been made. Mo- tion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF WATER SOFTENER FOR RECREATION CENTER Following discussion, Alderman Mlinar moved to approve the purchase of a Culligan water softener for $3,366.50 from the construction fund. Motion seconded by Alderman Mikulecky and carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GARY MILLER FOR CROW RIVER COUNTRY CLUB WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following considerable discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the conditional use permit and to waive reading and adopt Resolution No. 8227. Motion unanimously carried. (d) CONSIDERATION OF REZONING REQUEST SUBMITTED BY JOHN KORNGIEBEL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 5 CITY COUNCIL MINUTES - FEBRUARY 25, 1986 After discussion, Alderman Mlinar moved to approve the rezoning and to waive first reading of Ordinance No. 5/86 and set the second reading March 11, 1986. Motion seconded by Alderman Torgerson and carried unanimously. (e) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 6.09 FEE SCHEDULE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the amendment for fee schedule and to waive first reading of Ordinance No. 6/86 and set second reading March 11, 1986. Motion unanimously carried. (f) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GERALD GASSMAN TO MCLEOD COUNTY (WITHIN TWO MILE RADIUS) WITH NO OBJECTION FROM PLANNING COMMISSION Alderman Torgerson moved to recommend the sketch plan to the County with no objection. Motion seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF "911 SERVICE" IN POLICE DEPARTMENT The motion was made by Alderman Mlinar to defer to the March 11 Council meeting to have someone present regarding this item. Alderman Torgerson seconded the motion and unanimously carried (h) CONSIDERATION OF APPLICATIONS FOR GAMBLING DEVICES LICENSE 1. AMERICAN LEGION POST NO. 96 2. V.F.W. POST NO. 906 Alderman Mikulecky moved to approve the applications and issue licenses to the American Legion and V.F.W. Motion seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF APPLICATIONS FOR CLUB INTOXICATING LIQUOR AND WINE LICENSES) 1. CROW RIVER COUNTRY CLUB 2. ELKS CLUB 3. AMERICAN LEGION 4. V.F.W. 5. COUNTRY KITCHEN Alderman Torgerson moved to approve the applications and issue licenses. Motion seconded by Alderman Mlinar and unanimously carried. (j) CONSIDERATION OF STATE HIGHWAY 22 BETWEEN GLENCOE AND HUTCHINSON City Administrator Plotz reported the City of Glencoe would like the CITY COUNCIL MINUTES - FEBRUARY 25, 1986 City of Hutchinson to adopt a resolution requesting the Minnesota De- partment of Highways to rebuild State Highway 22 between Glencoe and Hutchinson in 1987. Following discussion, Alderman Mlinar moved to approve the request and to waive reading and adopt Resolution No. 8237 to rebuild the highway between Hutchinson and Glencoe. Motion seconded by Alderman Mikulecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the Police Station Building Com- mittee meeting scheduled for February 28. It was reported the communication in the packet from John Korngiebel was to fulfill the requirement for F.H.A. financing. The City Council was to be informed of his plans to do the apartment project. The HRA had no objection and intended to send a letter stating the same. Dis- cussion followed concerning subsidized housing units in Hutchinson and a survey conducted by HRA. Mayor Ackland requested the City Adminis- trator to obtain information regarding F.H.A. requirements and the study done by HRA. Mr. Plotz reported on a meeting held with MPCA concerning state fund- ing for the Hutchinson wastewater treatment plant. He stated that limited money was available from the state so perhaps federal funding would be a better option. Sample plaques made of red elm wood were displayed. Mr. Plotz report- ed the board cost $10 without a picture or engraving added. After dis- cussion, Alderman Torgerson moved to defer this item to the next Coun- cil meeting. Motion seconded by Alderman Mikulecky and carried three to one, with Alderman Mlinar voting nay. City Administrator Plotz commented on the railroad right-of-way and reported Hutchinson Utilities had submitted its agreement today. Dis- cussion followed regarding the specifications and bids for the connec- tor track and elevator spur. Some of the Council members felt the project should be done in two phases. The motion was made by Alder- man Mikulecky that the language be such that it distinguished the con- nector track of approximately $200,000 and the elevator spur of approx- imately $100,000 may be bid separately. Motion seconded by Alderman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe reported he had met with the County Board today regard- ing the McCuen Creek. There was some interest in draining the ditch, and Attorney Olson was going to contact the affected property owners CITY COUNCIL MINUTES - FEBRUARY 25, 1986 east and west of the highway to set up a meeting to discuss the issue. The City Engineer informed the Council that the maps distributed were ordered by the State Municipal Board concerning orderly annexation. It was recommended that the agreement include a zoning board consisting of Township, County and City representatives to cover the area outside of city limits in the orderly annexation area for zoning control. ll. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the claims and authorize payment from the appropri- ate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 P.M. D