Loading...
11-24-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 24, 1987 Prior to the City Council meeting, a presentation was made at 7:00 P.M. by rep- resentatives of Business Records Corporation, Minnesota regarding its optical scan voting system on voting machines. 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, Marlin Torger- son and Pat Mikulecky. Absent: Alderman John Mlinar. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Wesley Vagle. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of November 10, 1987 and bid opening of November 18, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1987 2. NURSING HOME BOARD MINUTES OF OCTOBER 22, 1987 3. PLANNING COMMISSION MINUTES OF OCTOBER 20, 1987 4. HUTCHINSON POLICE COMMISSION MINUTES OF NOVEMBER 9, 1987 (b) APPLICATION FOR CHRISTMAS TREE SALES PERMITS 1. LEONARD RIEMANN 2. CYNTHIA BEADELL 3. CHARLES PULKRABEK (c) APPLICATION FOR SNOW REMOVAL PERMITS 1. RON HANSEN 6. DALE STURGES 2. RICHARD SMYKALSKI 7. KERRY KRUEGER 3. FLORENCE MADSEN - DIAMOND 5 WRECKING 8. JEROME EBERT 4. GENE CARDA 9. GENE BETKER 5. JOE SCHULTZ 10. JIM HAASL 11, ED RETTMAN, JR. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the report and minutes and to issue permits. Motion carried unanimously. (d) HUTCHMOBILE ADVERTISING FUNDED BY MN/DOT 1 —5 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 Alderman Carls moved to approve the advertising which is 100 percent reimbursable by MN/DOT. Motion seconded by Alderman Torgerson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. T (a) REFINANCING OF INDUSTRIAL REVENUE BONDS FOR DEVELOPERS DIVERSIFIED,LTD. Mayor Ackland called the hearing to order at 8:00 P.M. and explained that Developers Diversified wished to refinance the industrial revenue bonds for that portion of the Hutchinson Mall under the name of Hecht Associates, Ltd. The latter had assigned its rights in the project and in the loan documents relating to the Series 1982 Bonds to Developers Diversified, Ltd. No one was present to be heard. Alderman Torgerson moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Carls and carried unanimously. Following discussion, the motion was made by Alderman Carls to author- ize signing the documents and waive reading and adopt Resolution No. 8660. Alderman Torgerson seconded the motion and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUESTED CHANGE ORDERS FOR POLICE STATION Alderman Torgerson moved to approve the change orders. Notion seconded by Alderman Carls. During discussion Sgt. John Gregor reported that four of the five items on the change order could be deleted at this time, and only the frosted windows on the cell exterior needed to be approved. Alderman Carls moved to amend the motion to approve only item No. one in the change order for frosted windows. Alderman Torger- son seconded the amended motion and unanimously carried. Main motion carried unanimously. (b) CONSIDERATION OF REQUEST OF MONTH-TO-MONTH EXTENSION OF SENIOR NUTRITION LEASE It was reported the Senior Nutrition Program was considering the option of private catered contract bidding which would affect the existing central kitchen system. Additional information would be available by the first of the year. Following discussion, Alderman Carls moved to approve and authorize signing the lease on a month-to-month basis. Motion seconded by Alder- man Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES 2 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 (a) ORDINANCE 10. 14%87 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON (DEFOREST WAGNER ANNEXATION) The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to waive first reading of Ordinance No. 14187 and set second reading December 8, 1987. Motion unanimously carried. (b) RESOLUTION NO. 8658 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8658. Motion seconded by Alderman Torgerson and carried unanimously. (c) RESOLUTION NO. 8659 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8659. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ROAD WAY EASEMENT ALONG SOUTH BORDER OF CITY WATER TOWER PROPERTY FOR KEVIN FROEMING (DEFERRED NOVEMBER 10, 1987) Following discussion, Alderman Torgerson moved to defer until the next City Council meeting. Motion seconded by Alderman Mikulecky and car- ried unanimously. (b) CONSIDERATION OF SET-UP LICENSE AT SODBUSTER SALOON (DEFERRED NOVEMBER 10, 1987) Acting Police Chief Kirchoff reported that the City does not have any established regulations regarding set-up licenses. Therefore, it was his recommendation to reject the request. Alderman Torgerson moved that upon the recommendation of the Police Chief, to disapprove the set-up license. Motion seconded by Alderman Carls and carried three to one, with Aldermen Carls, Torgerson and Mayor Ackland voting aye and Alderman Mikulecky voting nay. (c) CONSIDERATION OF AWARDING BID FOR POLICE DEPARTMENT RECORDING SYSTEM (DEFERRED NOVEMBER 18, 1987) Following discussion, the motion was made by Alderman Torgerson to award the bid to Dictaphone Corp. in the amount of $32,230. Motion seconded by Alderman Mikulecky and unanimously carried. 9. NEW BUSINESS 3 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Mikulecky moved to discontinue service on November 30 at noon unless other arrangements had been made. Motion seconded by Alderman Torgerson and carried unanimously. (b) CONSIDERATION OF PARTY WALL AGREEMENT BETWEEN HUTCHINSON TECHNOLOGY, INC. AND CITY OF HUTCHINSON Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to approve and enter into agreement. Mo- tion unanimously carried. (c) CONSIDERATION OF REIMBURSEMENT FOR CROP DAMAGE CAUSED FROM FORCE MAIN INSTALLATION After discussion, Alderman Carls moved to approve crop damage payment of $300 to Roger Karstens. Motion seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SORENSEN'S ADDITION The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the subdivision agreement. Motion unanimously car- ried. (e) CONSIDERATION OF PURCHASE AGREEMENT FOR AIRPORT PROPERTY City Attorney Anderson reported the City would purchase approximately one acre of land from Citizens State Bank of Gibbon and compensate for an avigational clear zone easement for Zone A property. Following discussion, Alderman Carls moved to approve and enter into purchase agreement for the sum of $10,000. Motion seconded by Alderman Torgerson and carried unanimously. (f) CONSIDERATION OF CHANGE ORDER NO. 4 TO INSTALL FLOW EQUALIZATION BASIN FENCE ADDITION AT WASTEWATER TREATMENT PLANT Project Engineer George MacDonald reported that the Minnesota Pollution Control Agency had recommended a fence be installed around the basin and had indicated the cost of $8,328 for a 8' high cyclone fence would be grant eligible. The City cost would be about 45 percent. Following discussion, Alderman Carle moved to approve installation of the fence around the basin. Motion seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF CHANGE ORDERS NO. 1, NO. 3, NO. 4 AND NO. 5 FOR SANITARY SEWER PROJECT 4 CITY COUNCIL MINUTES - NOVEMBER 24, i987 1. CHANGE ORDER 10. 1 - FORCEMAIN REALIGNMENT INCREASE OF 511,831.02 2. CHANGE ORDER NO. 3 - UTILITY CONFLICTS - DIFFERING SITE CONDITIONS INCREASE OF $3,844.00 3. CHANGE ORDER NO. 4 - WATERMAIN INTERFERENCE - DIFFERING SITE CONDITIONS INCREASE OF $3,040.96 4. CHANGE ORDER NO. 5 - RESCHEDULE BITUMINOUS PAVING ON GROVE & FOURTH NO CHANGE IN PRICE - JUNE 28, 1988 Following discussion, Alderman Mikulecky moved to approve the change orders. Motion seconded by Alderman Carle and unanimously carried. (h) CONSIDERATION OF STORM SEWER LINE PROBLEM AT HEALTH CLUB City Engineer Anderson reported on previous problems with backup water running into the basement of the Health Club. It was his recommenda- tion to enclose the handicap ramp into the basement, which would re- quire a variance from the Planning Commission. To action was taken, but the City Engineer was instructed to advise the property owner of the solution to the problem. (i) CONSIDERATION OF MERGER OF NORTH AMERICAN CABLE SYSTEMS AND STAR MIDWEST INC. President Hubertus Sarrazin and Keith Olson of forth American Cable Systems explained the merger process. North American will be the sur- viving company, and Star Midwest will own the majority of the stock. The City Council will need to approve the transfer. Alderman Mikulecky moved to approve the merger of Worth American Cable Systems and Star Midwest Inc. Motion seconded by Alderman Torgerson. During discussion, Attorney Anderson suggested that some of the commun- ities being served by the Wisconsin firm be contacted, Alderman Tor- gerson moved to defer to the next meeting. Motion seconded by Alderman Carle and unanimously carried. (j) CONSIDERATION OF FIRST JUDICIAL DISTRICT COURT ORDER TO CLOSE HUTCHINSON DIVISION OF COURT After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8655. Motion unanimously carried. (k) CONSIDERATION OF INSTALLATION OF FIRE HYDRANT ON FREEMOWT AVENUE - IMPROVEMEWT PROJECT NO. 87-38 5 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 Fire Marshal Field commented on previous efforts to install the fire hydrant on Freemont Avenue which would service the Greencastle units. It was his recommendation to install it this fall before the ground completely freezes. Alderman Torgerson moved to approve installation. Motion seconded by Alderman Carle. During discussion, City Attorney Anderson recommended that the City attempt to assess the cost to the affected parties, which would require a public hearing. Alderman Torgerson amended his motion to set a public hearing on improvement project No. 87-38 for December 11, 1987 at 5:00 P.M. and to waive readings and adopt Resolutions No. 8661 and No. 86,62. Amended motion seconded by Alderman Carle and unanimously carried. Main motion carried unanimously. (1) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF SORENSEN'S ADDITION SUBMITTED BY LARRY SORENSEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve the final plat and waive reading and adopt Resolution No. 8656. Notion unanimously carried. (m) CONSIDERATION OF VARIANCE REQUESTED BY V.F.W. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STIPULATION Following discussion, Alderman Torgerson moved to approve the variance with the stipulation that other properties purchased by the VFW within that block would be turned into parking area also and to waive reading and adopt Resolution No. 8657. Alderman Carle seconded the motion and unanimously carried. (n) CONSIDERATION OF FINAL PLAT OF JONATHAN'S SUBDIVISION SUBMITTED BY PAUL BETKER (WITHIN TWO MILE RADIUS) Alderman Mikulecky moved to refer to the County with no objection. No- tion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GERRIT SMITH (WITHIN TWO MILE RADIUS) Alderman Mikulecky moved to refer to the County with no objection. Mo- tion seconded by Alderman Torgerson and unanimouslay carried. (p) CONSIDERATION OF SKETCH PLAN SUBMITTED BY MIKE COMMERFORD (WITHIN TWO MILE RADIUS) Alderman Mikulecky moved to refer to the County with no objection. No- tion seconded by Alderman Torgerson and unanimously carried. (q) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ROGER SIEMSON (WITHIN TWO MILE RADIUS) 2 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 Alderman Mikulecky moved to refer to the County with no objection. No- tion seconded by Alderman Torgerson and unanimously carried. (r) CONSIDERATION OF PRELIMINARY PLAT OF KAMLIN VIEW SUBMITTED BY AL KOGLIN (WITHIN TWO MILE RADIUS) Alderman Mikulecky moved to refer to the County with no objection. Mo- tion seconded by Alderman Torgerson and unanimously carried. RECESS: The City Council adjourned at 9:10 P.M. for a 15 minute recess. (s) CONSIDERATION OF STREET LAYOUT SYSTEM AND NAMING AS PRESENTED BY BUILDING OFFICIAL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson to ap- prove the system and naming. Motion seconded by Alderman Carls and carried unanimously. (t) CONSIDERATION OF AUTHORIZING BRW FIRM TO UPDATE COMPREHENSIVE PLAN WITH PLANNING COMMISSION RECOMMENDATION Following discussion, Alderman Carls moved to approve the BRW firm. Alderman Torgerson seconded the motion and unanimously carried. (u) CONSIDERATION OF SUBDIVISION AGREEMENT FOR KAMLIN VIEW Following discussion, the motion was made by Alderman Torgerson to ap- prove the subdivision agreement. Alderman Mikulecky seconded the mo- tion and carried unanimously. (v) CONSIDERATION OF SUBDIVISION AGREEMENT FOR JONATHAN'S SUBDIVISION Following discussion, Alderman Carls moved to approve the subdivision agreement. Motion seconded.by Alderman Mikulecky and unanimously car- ried. (w) DISCUSSION OF SECOND HANDICAPPED ENTRANCE TO POLICE STATION City Administrator Plotz reported the rear entrance to the new police facility met the handicapped requirements. The front entrance is two feet above the curb due to the water level 10 feet below the surface. Options are being researched for a handicapped entrance to the front of the building. No action was taken. (x) CONSIDERATION OF AUTHORIZING KORNGIEBEL ARCHITECTS TO PREPARE SPECIFICATIONS AND MAKE RECOMMENDATIONS ON FURNITURE FOR POLICE DEPARTMENT It was reported that Korngiebel Architects would prepare the specifi- cations and make a recommendation on the bids received for a cost not to exceed $500. After discussion, Alderman Carls moved to approve 16 CITY COUNCIL MINUTES - NOVEMBER 24, 1987 authorization. Motion seconded by Alderman Torgerson and unanimously carried. (y) CONSIDERATION OF ESTABLISHING DATE OF DECEMBER 1, 1987 FOR SPECIAL CITY COUNCIL MEETING/WORKSHOP Following discussion, Alderman Torgerson moved to set a meeting date of December 2, 1987 at 5:30 P.M. Notion seconded by Alderman Mikulecky and carried unanimously. (z) CONSIDERATION OF POLICE COMMISSION RECOMMENDATION OF THREE FINALISTS FOR POSITION OF POLICE CHIEF Police Commission members Jeff Haag and Donn Hoffman submitted the fol- lowing three names as finalists for consideration as police chief: Steven Madson of Mason City, Iowa; Timothy Taylor of Cannon Falls, NN; and Stephen Sullivan of Oakdale, MN. After discussion, it was the consensus of the Council to interview the finalists on December 9, 1987 in the hospital conference room, start- ing at 5:30 P.M. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on a meeting he attended this week regarding additional funding for the wastewater treatment plant proj- ect. A lobbying group will be formed to try to obtain the additional funds for many cities involved in the same project. A meeting was held today regarding city street lighting. The City En- gineer is working on a recommendation of the areas in the city that need lighting. Also, Butch Wentworth from the utilities will survey the community and determine where street lights are needed. A report will be sent to the Council at a later time. It was reported that Charles Pulkrabek had requested permission to put up a temporary sign at the intersection of Hwy. 7 East and Bluff Street to advertise Christmas trees for sale. The general opinion of the Council was that this would be a bad location for a sign. (b) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired of the City Attorney what had been for- warded to the Airport Commission. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the District Court Judge had ruled that Sam Ulland was entitled to present his testimony. Therefore, the court 0 CITY COUMCIL MIMUTES - MOVEMBER 24, 1987 date has been set for December 8, 1987 at 1:30 P.M. There was a request from the developer and financer of the S & L proj- ect regarding a tax issue. The development agreement provided that if there was a shortfall in tax increment revenue and 25 percent short- fall of interest, the developer was to make up that difference. The amount has been billed and not paid; therefore, in 1985 the City Attor- ney certified to taxes about $5,000. After doing research and talking to the City's bond consultant, Attorney Anderson did not find any stat- utory authority to certify the bill to taxes. It is a situation where taxes have been paid. Therefore, if the Council would agree with the recommendation to decertify the $5,000 sum, the party who paid the taxes can accrue the penalty. Alderman Carls requested a legal opin- ion from the City Attorney for the December 8, 1987 meeting. (d) COMMUMICATIOMS FROM DIRECTOR OF ENGINEERING City Engineer Anderson commented on the community signs requested and stated that MM/DOT does not look favorably upon signs posted on their property. There is a problem of sign pollution and site distance. The Director of Engineering requested Council approval of a $50 payment for a DMR permit for outfall from the wastewater treatment plant into the river. The motion was made by Alderman Carls, seconded by Alder- man Mikulecky, to approve the payment. Motion unanimously carried. 11. CLAIMS, APPROPRIATIONS AID CORTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:30 P.M. V]