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01-14-1986 CCMI MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 14, 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 ar- 1in Torgerson, Alderman Pat M i ku 1 ecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz and City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, no invocation was given. 3. MINUTES The minutes of the regular meeting of December 10, 1985 and special meet- ings of December 5, 1985, December 18, 1985 and January 2, 1986 were ap- proved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - DECEMBER 1985 2. PLANNING COMMISSION MINUTES DATED NOVEMBER 19, 1985 3. FINANCIAL REPORT - NOVEMBER 1985 (b) CONSIDERATION OF APPLICATIONS FOR SNOW REMOVAL PERMITS: 1. CARL CHRISTENSEN 2. STAN RISTOW 3. RICHARD STURGES 4. AL TRAUTMAN (c) APPOINTMENT OF FIRE DEPARTMENT OFFICERS FOR 1986 (d) CONSIDERATION OF APPOINTMENTS TO HEALTH BOARD: 1. DR. GEORGE SMITH 2. DR. ROBERT HEGRENES 3. DR. THOMAS KLEINKAUF Alderman Torgerson moved to file report and minutes, approve applica- tions and issue snow removal permits, and to approve and ratify ap- pointments. Motion seconded by Alderman Mlinar and unanimously car- ried. 5. PUBLIC HEARING None 1 CITY COUNCIL MINUTES - JANUARY 14, 1986 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY City Attorney Schaefer reported the McLeod County Judge had taken Mr. Klockmann's plea of guilty under advisement for 60 days, during which time Mr. Klockmann was to remedy the situation. 2. GUTORMSON PROPERTY City Attorney Schaefer reported that Jean Turner, owner of property located at 895 Dale Street, was willing to enter into an agreement with the City for future removal or demolition of the storage shed at said location. The motion was made by Alderman Torgerson to authorize the Mayor and City Administrator to sign the agreement with Jean Turner. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF REQUEST FOR LIQUOR STORE MANAGER AND ALDERMAN MARLIN TORGERSON TO ATTEND RETAIL LIQUOR CONVENTION FEBRUARY 2-3, 1986 Alderman Mlinar moved to approve the request. Motion seconded by Ald- erman Mikulecky and unanimously carried. (c) DISCUSSION OF CITY ENGINEER'S CORRESPONDENCE REGARDING CITY PROPERTY AT PROSPECT STREET AND HIGHWAY 7 EAST City Administrator Plotz presented background information on the city property, which is adjacent to the water treatment plant, and possible restrictions to use of the property. The memorandum was acknowledged and no action taken. (d) CONSIDERATION OF REQUEST BY POLICE FACILITY TASK FORCE TO RETAIN ARCHITECTURAL FIRM Chairman Chad Piehl presented a report on the architectural contract proposed by Thorbeck & Lambert, Inc. and requested Council approval. Following considerable discussion, the motion was made by Alderman Carls to accept the recommendation of the committee with the contin- gency that the fee be negotiated downwards by the City Council and Administrator; and if negotiations are not successful, the City Coun- cil reserves the right to negotiate with other architects. Motion sec- onded by Alderman Torgerson and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8191 - RESOLUTION ACCEPTING $75,000 FROM HUTCHINSON UTILITIES COMMISSION 2 CITY COUNCIL MINUTES - JANUARY 14, 1986 Alderman Mlinar moved to waive reading and adopt Resolution No. 8191. Motion seconded by Alderman Torgerson and unanimously carried. (b) RESOLUTION NO. 8192 - RESOLUTION OF APPRECIATION - LENARD SCHUFT The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8192. Motion carried unani- mously. (c) RESOLUTION NO. 8193 - RESOLUTION OF APPRECIATION - HELEN PLAISANCE Alderman Torgerson moved to waive reading and adopt Resolution No. 8193. Motion seconded by Alderman Mlinar and unanimously carried. (d) RESOLUTION NO. 8195 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8195. After discussion, the motion was amended by Alderman Mlinar to include all items except the carpets for the recreation building. Amended motion seconded by Ald- erman Mikulecky and carried unanimously. The main motion unanimously carried. (e) RESOLUTION NO. 8196 - RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1986 Alderman Torgerson moved to waive reading and adopt Resolution No. 8196. Motion seconded by Alderman Mlinar and carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST BY FRANK FAY FOR REIMBURSEMENT OF IRB DEPOSIT (DEFERRED DECEMBER 10, 1985) City Administrator Plotz presented background information on the Hutch Hotel project and the request for reimbursement of the $5,000 IRB de- posit. He stated that the present owner of the hotel property, Lowell Wakefield, had an interest in continuing the project. Perhaps the $5,778.58 outstanding costs against the project could be recouped by the City. Following discussion, the motion was made by Alderman Carls to reject the request. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF ESTABLISHING EMPLOYEE ANNIVERSARY DATE FOR MERIT CONSIDERATION (REQUESTED BY ALDERMAN MARLIN TORGERSON) After discussion, Alderman Torgerson moved to set the consideration for merit pay on the employees' anniversary dates. Motion seconded by Alderman Mlinar and carried unanimously. 3 CITY COUNCIL MINUTES - JANUARY 14, 1986 City staff requested clarification as to whether the Council intended for those employees who have been with the City five years or less to be considered for merit at this time rather than wait for their anni- versary dates, as was recommended. Alderman Torgerson moved that the employees with five years or less be given merit review now instead of waiting for anniversary dates. Motion seconded by Alderman Carls and carried three to two, with Aldermen Torgerson, Carls and Mayor Ackland voting aye and Aldermen Mlinar and Mikulecky voting nay. (c) CONSIDERATION OF REPLACING 1977 CHEVROLET VAN FOR ENGINEERING DEPARTMENT (DEFERRED NOVEMBER 26, 1985) Following discussion, Alderman Carls moved to approve replacement and to award the bid of $11,245.88 to Wigen Chevrolet. Motion seconded by Alderman Torgerson and carried four to one, with Alderman Mikulecky voting nay. RECESS: The City Council took a five minute recess at 9:00 P.M. (d) REPORT BY CITY ATTORNEY ON STATUS OF CERTIFICATES OF TITLE FOR DOT AIRPORT APPRAISAL PROJECT City Attorney Schaefer reported McLeod County Recorder's Office, be resubmitted to the Department No action was taken. ie had updated the certificates at the and the certificates of title would of Transportation by certified mail. (e) CONSIDERATION OF ENGINEERING SUPERVISION OF RAILROAD CONNECTOR TRACK AND SPUR TRACK BY GOPHER ENGINEERING, INC. - REPORT BY BERNIE PRUSAK Mr. Bernie Prusak reported the specifications for the railroad track project were near completion and ready for printing. He stated there was a need for full-time engineering supervision during the three to four week construction period, and the cost for his services would be approximately $6,500 to $8,000. Mr. Prusak requested to be named the construction engineer. Following discussion, Alderman Torgerson moved to engage Gopher Engin- eering, Inc. as project consultant at the proposed fees of $35 an hour plus $10 per day for room and board. Motion seconded by Alderman Miku- lecky. During discussion, Mr. Prusak stated he would set the limit at $8,000, providing the contractor did not get into litigation. If that were the case, he would require an additional fee. He also requested a 30 -day cancellation clause in the written contract. Alderman Mikulecky amended the motion to set the maximum amount of $8,000, with the terms discussed. Motion seconded by Alderman Torgerson and amended motion carried unanimously. The main motion unanimously carried. (f) CONSIDERATION OF CONDITIONAL USE WITH FAVORABLE RECOMMENDATION OF (DEFERRED DECEMBER 18, 1985) 4 PERMIT SUBMITTED BY DAKOTA RAIL, INC. PLANNING COMMISSION CITY COUNCIL MINUTES - JANUARY 14, 1986 This item was withdrawn from the agenda. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS (DECEMBER 1985) Alderman Torgerson moved to authorize discontinuation of service as recommended unless other arrangements had been made. Motion seconded by Alderman Carls and carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY RICHARD GOEBEL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the conditional use permit and to waive reading and adopt Resolution No. 8188. Motion unanimously carried. (c) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY RICHARD GOEBEL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the variance and to waive reading and adopt Resolution No. 8189. Motion seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF PRELIMINARY PLAT OF HELLAND'S SEVENTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the preliminary plat and to waive read- ing and adopt Resolution No. 8190. Motion unanimously carried. (e) CONSIDERATION OF RESOLUTION CALLING FOR PUBLIC HEARING FOR SMALL CITIES ECONOMIC DEVELOPMENT PROGRAM - TY'S METAL FINISHING Mr. John Bernhagen, Hutchinson Community Development Director, and Mr. Richard Desens of Ty's Metal appeared before the Council to request a public hearing on application for funding to the State of Minnesota under the Small Cities Economic Development Program for an economic development project. After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve and set the public hearing for January 28, 1986 at 8:00 P.M. and to waive reading and adopt Resolution No. 8197. Motion unanimously carried. (f) CONSIDERATION OF RECERTIFICATION AS "STAR CITY" Director John Bernhagen explained the requirements for recertification of Hutchinson as a "Star City." One item requiring City Council action would be affirmation of participation by adopting a resolution to this effect. 5 CITY COUNCIL MINUTES - JANUARY 14, 1986 Following discussion, Alderman Carls moved to affirm participation as a "Star City" and to waive reading and adopt Resolution No. 8194. Mo- tion seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF ASCAP LICENSE FOR HUTCHINSON CIVIC ARENA After discussion, Alderman Mikulecky moved to reject the ASCAP license. Motion seconded by Alderman Carls and unanimously carried. (h) CONSIDERATION OF CHANGE ORDER NO. 1 FOR 1985 RAILROAD SPUR AND CONNECTOR TRACK GRADING AND GRAVEL SUB -BASE PROJECT There was discussion on soil borings for the project. Alderman Miku- lecky moved to defer this item until the next meeting. Motion seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF ESTABLISHING A BOARD OF APPEALS The Building Official reported that according to the Minnesota Stat- utes, the City of Hutchinson must establish a Board of Appeals to de- termine the suitability of alternate materials and methods of construc- tion. Following discussion, Alderman Carls moved to approve a Board of Ap- peals and referred it to the City Attorney. Motion seconded by Alder- man Mlinar and unanimously carried. (j) CONSIDERATION OF REIMBURSING 1985 REFUSE CERTIFICATION TO ROBERT MCGEE City Attorney Schaefer stated that Robert McGee had appealed his case to the County Court. No action was taken at this time. (k) CONSIDERATION OF AMENDING SECTION 225 OF CITY ORDINANCE ENTITLED "GARBAGE AND REFUSE DEPARTMENT" After discussion, the motion was made by Alderman Mlinar to waive first reading of Ordinance No. 1186, with the exception of the wording "shall" be changed to "may," and to set second reading for January 28, 1986. Motion seconded by Alderman Torgerson and carried unanimously. (1) CONSIDERATION OF PETITION FOR IMPROVEMENTS IN HELLAND'S SEVENTH ADDITION (COLORADO CIRCLE) Following discussion, Alderman Carls moved to defer this item to the January 28, 1986 meeting. Motion seconded by Alderman Mlinar and car- ried unanimously. (m) CONSIDERATION OF INSTALLING SPRINKLERS IN BASEMENT SUPPLY ROOM AT BURNS MANOR NURSING HOME The motion was made by Alderman Mlinar, seconded by Alderman Carls, to L•. CITY COUNCIL MINUTES - JANUARY 14, 1986 approve and enter into a contract for the sprinklers at Burns Manor. Motion unanimously carried. (n) CONSIDERATION OF RECREATIONAL FEE CHANGES After discussion, Alderman Mikulecky moved to approve the fee changes as recommended by the Parks and Recreation Board. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF DOWNTOWN SIDEWALK TREE PLANTINGS Forester Mark Schnobrich reported that the Tree Board recommended an addition to the City ordinance which would address downtown sidewalk tree plantings. Following discussion, the motion was made by Alderman Torgerson to approve the addendum and amend the ordinance, including a liability clause to be drawn up by the City Attorney. Motion seconded by Alder- man Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reviewed the various items in his administra- tive newsletter. He reported the recreation center building committee had met to consider payment of $66,877.68 to Pinske Builders. It was the committee's recommendation to withhold $23,000 from the payment. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about a City ordinance relating to barking dogs. City Attorney Schaefer stated the Police Department could pro- cess complaints regarding barking dogs. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about Donohue's timetable on the wastewater sewage plant. The City Administrator reported things were progressing in a timely order. The four local industries were near completion on their pretreatment agreements with the City. It had not yet been de- termined whether the City would receive state or federal funding for the treatment plant, but Donohue would be preparing a prospectus on the resources available. Alderman Mlinar asked the City Attorney about the status of the off street parking appeals. Attorney Schaefer reported he had recently met with Attorney Bill Haas and implementation was being done. An inquiry was made about the Benjamin-Nemitz dispute with the City. The City Attorney stated a trial in District Court was scheduled for 7 CITY COUNCIL MINUTES - JANUARY 14, 1986 February 6. Since none of the parties involved wished to go to court, the City Attorney and Mayor Ackland will meet with Attorney Ron McGraw to try to work out a proposed settlement. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported he had received a second assessment notice from the Coalition of Outstate Cities for lobbying services. Since he and the City Administrator will be attending a Coalition meeting on Jan- uary 24, he will obtain additional information and report to the Coun- cil at the January 28 meeting. The Pioneerland Library System had requested the Mayor to sign a mutual release of liability for insurance coverage on the contents of the local library. Mayor Ackland asked the Council to give him authoriza- tion to sign the release form. The motion was made by Alderman Torger- son, seconded by Alderman Mlinar, to authorize the Mayor's signature on the release of liability. Motion unanimously carried. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about the status of a flashing light at the intersection of School Road and Highway 7 West. He instructed the City Administrator to contact the utilities regarding installation of the 1 ight. Mr. Mikulecky asked about the termination of insurance coverage on January 20 at the Hutch Bowl. Mr. Plotz stated he would keep the Coun- cil informed. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the claims and authorize payment from the appropriate funds and to withhold $23,000 from the recreation center payment to Pinske Builders. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:25 P.M. E1