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06-08-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, JUNE 8, 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 Carls, John Mlinar, and Pat Mikulecky. Absent: Alderman Marlin Torgerson. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of May 26, 1987 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1987 (b) GAMBLING LICENSE FOR AMERICAN LEGION AUXILLIARY AND HUTCH HOCKEY ASSOCIATION AT PETER'S BY THE PARK (c) NON -INTOXICATING MALT LIQUOR LICENSE FOR TOURNAMENTS JUNE 19-21 AND JULY 11-12 BY SPANKY'S (d) USE OF FIREMAN'S PARK FOR MUSIC CONCERT ON JUNE 20, 1987 (e) DANCE PERMIT FOR FARM & HOME 25TH ANNIVERSARY ON AUGUST 14, 1987 (f) APPOINTMENT TO HUTCHINSON COMMUNITY ENERGY COUNCIL: 1. BARBARA BONNIWELL 2. BRENDA MAIERS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to order the report filed, issue the license and permit, approve the concert and ratify the appointments, with the exclusion of item (c) on the list. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) ROLL NO. 226 - PROJECT NO. 87-01, LETTING NO. 1 (HEARING CONTINUED FROM MAY 12, 1987) Mayor Ackland reopened the continued hearing at 8:00 P.M. He stated the affected property owners were in favor of the project; however, no one wanted to be assessed. He could not see the City doing the project 1 e�' CITY COUNCIL MINUTES - JUNE 8, 1987 if it was not assessed. Following discussion, Alderman Mlinar made the motion to continue the hearing until the next meeting, pending hearing from property owners. Motion seconded by Alderman Mikulecky and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF ASSESSMENT TO WALLY TEICH Attorney Ronald McGraw represented Wally Teich regarding assessment to property he formerly owned. Mr. Teich's position was that he overpaid for a 1979 project assessment. It was reported the City changed its policy on assessing corner lot property in 1980 after the Teich assessment was done. Following discussion, Alderman Mlinar moved to defer to the June 23, 1987 meeting. Motion seconded by Alderman Mikulecky and unanimously carried. (b) PRESENTATION BY SPANKY'S REGARDING INTOXICATING LIQUOR LICENSE Mr. Pat May, representing Spanky's, reported that D'Vinci's restaurant closed on June 1 and broke its 10 -year lease with the owner of the building. He then requested a two-week extension to June 19 for set- ting up a menu to comply with the ordinance to sell food with a liquor license. It was the City Attorney's legal opinion that a two week delay would present no problem, but the ordinance would have to be enforced. The City Council concurred with the recommendation and no action was taken. (c) CONSIDERATION OF REQUEST FOR STREET LIGHT ON CIRCLE DRIVE Alderman Mlinar moved to approve and refer the request to the Utilities Commission. Motion seconded by Alderman Mikulecky and unanimously car- ried. (d) PRESENTATION BY CITY ATTORNEY ON STATUS OF AIRPORT APPRAISALS Attorney Anderson reported he was still waiting to hear from the State regarding the status of the airport appraisals. Alderman Carls moved to defer until June 23, 1987. Motion seconded by Alderman Mlinar and carried unanimously. (e) PRESENTATION BY CONSTRUCTION ANALYSIS & MANAGEMENT INC. REGARDING POLICE FACILITY President Vergil Florhaug of CAM presented an update report on the status of the police facility project. He stated a letter of intent 2 CITY COUNCIL MINUTES - JUNE 8, 1987 had been sent to the low bidders on the project notifying them a con- tract would be forthcoming; however, the 30 day time limit has lapsed. It was reported that Gopher State Contracting had withdrawn its bid but would consider doing the project for a $10,000 increase in bid price. Also, several contractors wished to raise their prices due to an omis- sion in the bids. Attorney Anderson commented on the issue of negotiating with the low bidder. It was not necessary to reject the low bid to take the next lowest bid as long as it is under the next low bidder. Mr. Florhaug stated the Penske bid had been adjusted by changing the prices on concrete in the wall. There was discussion regarding the plans for the building and the two versus four hour wall requirement. Building Official Marka stated he had received a letter from the State Building Department accepting the two hour wall, but it was not signed by the architect. The State made an error, and the four hour wall is required according to State Build- ing code. Mr. Florhaug requested someone be put in charge of the project as a contact person so he would not have to go through City Council meet- ings on all items. He will have a report prepared by Friday concern- ing budget revision and status of bidders. Alderman Carls moved to schedule a special City Council meeting on Mon- day, June 15, 1987 at 8:00 P.M. to review the reports submitted by CAM. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8550 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8550. 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) Administrator Plotz reported he was waiting for a response from Jim DeMeyer regarding this item. Alderman Carls moved to defer until a future meeting. Motion seconded by Alderman Mlinar ande carried unan- imously. 9. NEW BUSINESS (a) CONSIDERATION OF ENERGY COUNCIL APPLICATION 3 CITY COUNCIL MINUTES - JUNE 8, 1987 Doug Jost and Glenn Matejka presented the application for a Community Energy Council Grant covering a two year period. The City's local match cost would be $1,800 the first year and $900 the second year. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the grant application and waive reading and adopt Resolution No. 8553. Motion carried unanimously. (b) CONSIDERATION OF STATUS OF GROVE STREET AND FOURTH AVENUE SURFACING The City Engineer presented a report on the restoration of Second Avenue. City cost for a two inch mat on Second Avenue would be $5,000. He also gave four alternatives for street restoration on the relief sewer project for Fourth Avenue Southwest to Grove Street. After discussion, Alderman Mlinar moved to approve alternative No. 4 for Grove Street and Fourth Avenue Southwest for 1988. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF EASEMENT FOR PAMIDA PROPERTY AND ASSOCIATED LEGAL FEES The City Engineer reported the City needed easements from the Plaza 15 shopping center and the owner of the former Pamida property for the service road along Highway 15 South. Following discussion, Alderman Mlinar moved to defer to the June 15, 1987 special Council meeting. Motion seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF NORTH PARK TENNIS COURT LIGHTING WITH RECOMMENDATION OF PARK & RECREATION BOARD Director Bruce Ericson presented two options for lighting of the North Park tennis courts. The Park & Recreation Board recommended option A, to provide light fixtures and install on existing poles at a cost of $5,600, with the money to come from the park dedication fund. After discussion, Alderman Mikulecky moved to have the item of the ten- nis court lighting put into the 1988 budget. Motion seconded by Alder- man Carls and unanimously carried. (e) CONSIDERATION OF GRADE STATUS OF CIVIC ARENA/POOL MANAGER Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the reclassification to grade "F" for the Civic Arena/Pool Manager. Motion carried unanimously. (f) CONSIDERATION OF PROPERTY AT 325 ADAMS STREET SOUTH Fire Marshal Field reported the owner of the property at 325 Adams Street South wanted to sell the house and property to the City for one 4 CITY COUNCIL MINUTES - JUNE 8, 1987 dollar. It was his recommendation to purchase the property, demolish the building(s) and sell the lot. After discussion, Alderman Mlinar moved to authorize purchase of the property and to advertise for bids to demolish the structures. Motion seconded by Alderman Carls and unanimously carried. (g) CONSIDERATION OF CHANGES WITHIN ORGANIZATION CHART AND JOB DESCRIPTIONS RELATING TO RETIREMENT OF DIRECTOR OF MAINTENANCE OPERATIONS Following discussion, the motion was made by Alderman Carls to approve the organizational changes. Motion seconded by Alderman Mikulecky and carried unanimously. (h) CONSIDERATION OF ANNUAL APPRECIATION PICNIC City Attorney Anderson stated he was checking into the insurance rami- fications of the City serving beer at the picnic. The Council concurred to hold the annual appreciation picnic August 19 at the Civic Arena and cater the food as in the past. RECESS: The Council adjourned for a 10 minute recess at 10:25 P.M. (i) CONSIDERATION OF AWARDING CONTRACT FOR PROJECT NO. 87-16, LETTING 11 City Engineer Anderson recommended awarding the contract for Project No. 87-16 to the only bidder, Juul Contracting Company, in the amount of $16,055.80. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve and award the contract to Juul Contracting Company, to waive reading and adopt Resolution No. 8551. Motion unanimously carried. (j) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 87-36 The City Engineer presented a report on the sanitary sewer and appur- tenances improvement project at an estimated cost of $55,000. Realtor Jim Fahey commented that the assessment search on property sold on Oakwood Lane did not have complete information regarding the sani- tary sewer, and as a consequence his business may be liable for the additional cost involved. The City Attorney stated the responsibility rested with the seller, and City staff should not be responsible for recording certain information on the assessment search. Following discussion, Alderman Mlinar moved to approve the engineer's report, set a hearing for June 23, 1987 at 8:00 P.M., to waive reading and adopt Resolution No. 8549. Motion seconded by Alderman Carls and carried unanimously. 5 CITY COUNCIL MINUTES - JUNE 8, 1987 (k) CONSIDERATION OF SANITARY SEWER ON GROVE STREET NORTH OF WASHINGTON AVENUE After discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve City control of the sanitary sewer and to waive reading and adopt Resolution No. 8552. Motion unanimously car- ried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated Director Bruce Ericson had submitted a report on the expenses and revenue for the concert held at the Civic Arena. Also, the Finance Director had prepared a report on the three property owners who received refund payments for meter over -charge on water/ sewer bills. It was reported that Acting Police Chief Kirchoff had presented several alternatives to resolve the parking problem at the high school. Atten- tion was also directed to the memorandum from Engineer Gene Anderson regarding the traffic control signal at the intersection of T.H. 7/22 and School Road. The owner of the Sheep Shedde complained to the City Administrator about the high rates for refuse hauling in Hutchinson compared to Olivia and Willmar where he also owns restaurants. Administrator Plotz stated he would have a report on goals and objec- tives ready for the next meeting. The EPA will be in Hutchinson for four days during July to conduct an audit on the wastewater treatment plant files. (b) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about the status on parking assessments. He was contacted by Russ Meade regarding this matter. Mr. Meade was concerned about cars parked on the street in front of commercial busi- nesses instead of in the city lot which does not allow over -night park- ing. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11;25 P.M. 6