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10-27-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 27, 1987 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 Carl s, John Mlinar, Marlin Torgerson and Pat Mikulecky. 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 John Longley. 3. MINUTES The minutes of the regular meeting of September 13, 1987, special meeting of October 5, 1987 and bid opening of October 12, 1987 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1987 2. NURSING HOME BOARD MINUTES OF SEPTEMBER 24, 1987 3. PLANNING COMMISSION MINUTES OF SEPTEMBER 15, 1987 4. CIVIL SERVICE POLICE COMMISSION MINUTES OF OCTOBER 21, 1987 (b) APPOINTMENT OF JOHN PAULSEN TO HOUSING & REDEVELOPMENT AUTHORITY (c) GAMBLING LICENSE FOR COOTIES AT VFW POST #906 The motion was made by Alderman Mlinar to approve the report and minutes, with a correction to the Planning Commission minutes, to ratify the appoint- ment and to issue the gambling license. Motion seconded by Alderman Torger- son and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 236 - PROJECT NO. 87-36, LETTING NO. 16 Mayor Ackland called the hearing to order at 8:00 P.M. and read the public hearing notice. Mr. John Bergerson, 1203 Oakwood Lane, spoke in favor of the project. Alderman Torgerson moved to close the hearing at 8:02 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the project and adopt assessment roll No. 236, award the contract to Juul Contracting Company in the amount of $48,179.50, and 1 5, CITY COUNCIL MINUTES - OCTOBER 27, 1987 to waive readings and adopt Resolutions No. 8639 and No. 8640. Motion carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF FEASIBILITY STUDY ON DEFEASANCE OF 1984 PARKING IMPROVEMENT BONDS BY BILL FAHEY Consultant Bill Fahey presented a report on the defeasance of the 1984 improvement parking bonds. He further commented on the present status of the stock market after its recent collapse and questioned whether the City should proceed at this time. Following discussion, Alderman Car Is moved to defer any establishment of targets for the 1984 parking improvement bonds until the first meet- ing in November. Motion seconded by Alderman Torgerson and carried unanimously. (b) CONSIDERATION OF REQUEST FOR REDUCED REFUSE RATE FOR SENIOR CITIZEN The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the request. Motion unanimously carried. (c) PRESENTATION ON HOUSING SHORTAGE AND DISCRIMINATION AGAINST TECHNICAL INSTITUTE OF HUTCHINSON STUDENTS A presentation was made by the Student Senate advisor and two students regarding the shortage of housing for students. Also, it was pointed out that there was discrimination on the part of landlords to rent to vocational students. There was concern that the community had the wrong image of the students. It was pointed out that over $2 million was spent annually by the students in the local community. (d) CONSIDERATION OF CHANGE ORDER FOR POLICE STATION PROJECT Officer Chuck Jones reported a change order was required to install the base for a communication tower at the new police station. The cost would be $758, with the work to be done by Peter's Construction. The tower itself had been obtained free of cost. Following discussion, Alderman Torgerson moved to approve the change order. Motion seconded by Alderman Mikulecky and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 10/87 - ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATED TO TIME LIMIT PARKING ZONES The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to waive second reading and adopt Ordinance No. 764. Motion 2 CITY COUNCIL MINUTES - OCTOBER 27, 1987 carried unanimously. (b) ORDINANCE NO. 11/87 - ORDINANCE AMENDING SECTION 120:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED SALARIES, MAYOR AND ALDERMEN Alderman Carls moved to waive second reading and adopt Ordinance No. 765. Motion seconded by Alderman Mlinar and unanimously carried. (c) ORDINANCE NO. 12/87 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOT 8, BLOCK 36, SOUTH HALF CITY OF HUTCHINSON The motion was made by Alderman Carls to waive second reading and adopt Ordinance No. 766. Motion seconded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PROHIBITING PARKING ON SOUTH SIDE OF SOUTH GRADE ROAD FROM T.H. 15 TO MERRILL STREET (DEFERRED MAY 26, 1987) Following discussion, Alderman Mikulecky approved the designated no parking, waived first reading of Ordinance No. 13/87 and set second reading for November 10, 1987. Motion seconded by Alderman Torgerson and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to authorize discontinuation of service unless other arrangements had been made. Motion seconded by Alderman Miku- lecky and unanimously carried. (b) CONSIDERATION OF OVERNIGHT PARKING IN DESIGNATED MUNICIPAL PARKING LOTS Following discussion, the motion was made by Alderman Torgerson to ap- prove the designated areas. Alderman Mlinar seconded the motion and carried unanimously. (c) DISCUSSION OF STATUS OF MIDWEST MOBILE HOME PARK Building Official Jim Marka reported the State Health Department had removed the license from the park, and no one was living there. After 90 days without use the mobile home park would no longer be grandfathered in so it must be platted for future use. An inspection report was prepared by County Auditor Ed Ide shortly after the County took over the property, and an inspection was done by the Building Of- ficial and Fire Marshal after Sam Ulland regained ownership. It was reported the trailers in the park were not habitable; therefore, the 3 CITY COUNCIL MINUTES - OCTOBER 27, 1987 Building Official recommended proceedings for condemnation under City Ordinance, Section 1025:20. City Administrator Plotz commented that Mr. Ulland had received a weed notice to cut the weeds on his property, and the notice had been ex- tended twice. The City had hired someone to cut the weeds within the next day. City Attorney Anderson stated the action would be statutory to remove personal property, ie trailers, that are a health hazard. If not cleaned up, the City would exercise its power to enforce the order. Alderman Torgerson moved to approve the request from the Building Of- ficial regarding City Ordinance, Section 1025, for 30 days to clean up the property, including removal of the trailers, or the City would take action. Motion seconded by Alderman Mlinar and carried unanimously. RECESS: The City Council adjourned for a recess at 9:30 P.M. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HELLAND'S EIGHTH ADDITION Following discussion, Alderman Mikulecky moved to approve the subdivi- sion agreement. Motion seconded by Alderman Torgerson and unanimously carried. (e) DISCUSSION OF PLACING EXEMPT SIGN ON RAILROAD CROSSING LOCATED ON HIGHWAY 7 EAST IN FRONT OF ROCKITE SILO After discussion, the motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve installation of exempt crossing signs and to waive reading and adopt Resolution No. 8638. Motion carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8643. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF TWIN OAKS ADDITION SUBMITTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the plat and waive reading and adopt Resolution No. 8641. Motion carried unanimously. (h) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HELLAND'S EIGHTH ADDITION SUBMITTED BY TYRONE HELLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 4 CITY COUNCIL MINUTES - OCTOBER 27, 1987 Following discussion, Alderman Torgerson moved to approve the plat and waive reading and adopt Resolution No. 8644. Motion seconded by Alder- man Mlinar and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT STEARNS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously, to approve the conditional use permit and waive reading and adopt Resolution No. 8645. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID WHITING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8646. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF ANNEXATION SUBMITTED BY DEFOREST WAGNER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve referral to the Minnesota Municipal Board and to waive reading and adopt Resolution No. 8637. Motion car- ried unanimously. (1) CONSIDERATION OF FINAL PLAT OF TRACT C, COUNTRY CLUB ESTATES NO. 2, SUBMITTED BY LARRY BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the final plat and waive reading and adopt Resolution No. 8647. Motion seconded by Alderman Mlinar and unanimously carried. (m) CONSIDERATION OF PROPOSAL FROM CHARLES BAILLY & COMPANY FOR CITY'S 1987 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT After discussion, the motion was made by Alderman Carls to approve and enter into an agreement with Charles Bailly & Company. Motion seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF ADVERTISING TO SELL 1976 MODEL CITY BUS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve advertising and open bids November 9, 1987 at 2:00 P.M. Mo- tion unanimously carried. (o) CONSIDERATION OF ROAD WAY EASEMENT ALONG SOUTH BORDER OF CITY WATER TOWER PROPERTY FOR KEVIN FROEMING Following discussion, Alderman Torgerson moved to defer action for 5 CITY COUNCIL MINUTES - OCTOBER 27, 1987 further information from the City Engineer. Motion seconded by Alder- man Torgerson and carried unanimously. (p) CONSIDERATION OF SEXUAL HARASSMENT POLICY After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the policy. Motion unanimously carried. (q) DISCUSSION OF COMMUNITY SIGNAGE RECOMMENDED BY HUTCHINSON TOURISM TASK FORCE Following discussion, Alderman Carls moved to refer the recommendation to the City Engineer. Motion seconded by Alderman Mlinar and carried unanimously. (r) CONSIDERATION OF HOLDING SPECIAL CITY COUNCIL MEETING FOR CANVASSING CITY ELECTION RESULTS Alderman Carls moved to approve a special City Council meeting for No- vember 4, 1987 at 7:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. (s) CONSIDERATION OF RENEWAL OF MAINTENANCE AGREEMENT WITH RETAIL DATA SYSTEMS FOR LIQUOR STORE The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and enter into a contract. Motion carried unanimously. (t) CONSIDERATION OF BID DATE FOR POLICE STATION RECORDING DEVICE Alderman Torgerson made the motion to approve the bid date of November 18, 1987 at 2:00 P.M. Alderman Carls seconded the motion and carried unanimously. (u) CONSIDERATION OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN CITY OF HUTCHINSON AND ORVILLE J. AND EDNA LUND; PERMANENT EASEMENT AND CONSTRUCTION EASEMENT Following discussion, Alderman Torgerson moved to approve the settle- ment agreement. Motion seconded by Alderman Mikulecky and unanimously carried. (v) CONSIDERATION OF ASSESSMENTS FOR HIGH STREET SURFACING PROJECT, LETTING NO. 4, AMENDED ASSESSMENT ROLL NO. 229 It was reported that the amended Assessment Roll No. 229 reflected re- duced assessments for Letting No. 4 and would not require a public hearing. After discussion, the motion was made by Alderman Torgerson to approve the amended Assessment Roll No. 229, to waive readings and adopt Reso- 0 CITY COUNCIL MINUTES - OCTOBER 27, 1987 Iutions No. 8649 and No. 8650. Motion seconded by Alderman Carls and carried unanimously. (w) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR WELL AND WELL HOUSE NO. 7 AND ADVERTISING FOR BIDS Alderman Carls made the motion to approve the plans and specifications and advertise for bids on November 25, 1987 at 2:00 P.M., to waive reading and adopt Resolution No. 8642. Alderman Torgerson seconded the motion and unanimously carried. (x) CONSIDERATION OF GRANTING EASEMENTS TO MN/DOT FOR PROPOSED T.H. 15 CONSTRUCTION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve granting the easements and to waive reading and adopt Resolution No. 8648. Motion carried unanimously. (y) DISCUSSION OF COMMUNITY SURVEY City Administrator Plotz commented on community surveys other cities had done. He had received one sample survey, and two more will be forthcoming. The Council members were asked to give thought to pos- sible questions that could be used in a similar survey. (z) CONSIDERATION OF SUBDIVISION AGREEMENT FOR TWIN OAKS ADDITION City Engineer Anderson reported the subdivision agreement had been re- vised to show a different name of the subdivider, a request for the City to install the public improvements in the street right of way, and a phrase "cost not to exceed" be included pertaining to the park and playground contribution. It was also pointed out that an error had been made in the June 24, 1987 assessment search whereby a deferred assessment from September 1970 had been omitted. It was the recommendation of the City Attorney to defer action on the deferred assessments to allow all parties involved an opportunity to meet and resolve the issue. Following discussion, Alderman Carls moved to approve the subdivision agreement and defer any action on the disputed deferred assessment stipulation in the agreement. Motion seconded by Alderman Torgerson and unanimously carried. (aa) CONSIDERATION OF AUTHORIZATION TO PURCHASE VEHICLE FOR HUTCHINSON COMMUNITY HOSPITAL The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the purchase. Motion carried unanimously. (bb) DISCUSSION OF PARKING AT TECHNICAL INSTITUTE OF HUTCHINSON 7 CITY COUNCIL MINUTES - OCTOBER 27, 1987 Following discussion, Alderman Mlinar moved to refer the item to the City Attorney for further research. Motion seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that the Director of Engineering had completed his six-month probation period. Alderman Carls moved to de- fer a six-month salary increase for 60-90 days until the City works out and settles the situation regarding the Twin Oaks Addition deferred assessment. Motion seconded by Alderman Mlinar and carried unani- mously. (b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if the Klockmann house on Fifth Avenue had been torn down. The Fire Marshal reported that Diamond 5 had a permit to demolish the house by October 31. The Mayor commented on the upcoming oral reviews of police chief can- didates scheduled for November 23 and 24. He suggested the Council begin thinking about the method to use for interviewing the three final candidates. Mayor Ackland requested that a tape recording be made of the Police Commission interviews of the seven candidates for the City Council to review. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reminded the Council of the SARA Title III meeting in Glencoe on October 28. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked if all the necessary outside work on the police station had been completed before it freezes. (e) COMMUNICATIONS FROM FIRE MARSHAL GEORGE FIELD Fire Marshal Field reported that People to People had invited him to join a tour group to China scheduled for 1988. The trip would be for three weeks. The trip received favorable response from the Council, and it was the general consensus that the Fire Marshal would be allowed time off, with pay, if the appropriate funding was obtained for the trip. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS CITY COUNCIL MINUTES - OCTOBER 27, 1987 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:07 P.M. v