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04-28-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 28, 1987 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 Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, City Engineer Eugene Anderson, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Ken Veal. 3. MINUTES The minutes of the regular meeting of April 14, 1987 and bid opening of April 21, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1987 2. PLANNING COMMISSION MINUTES DATED MARCH 17, 1987 3. NURSING HOME BOARD MINUTES DATED MARCH 26, 1987 4. HOSPITAL BOARD MINUTES DATED MARCH 17, 1987 (b) APPOINTMENTS TO BOARDS: 1. CIVIL SERVICE POLICE COMMISSION - DONN HOFFMAN 2. PARK & RECREATION BOARD - LEE COX (c) ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES FOR HUTCHINSON BASEBALL ASSOCIATION The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the minutes and report filed, ratify the appointments and issue li- censes. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY TRACY MEISNER TO COMBINE VACATION AND COMPENSATORY TIME Alderman Torgerson stated that in view of the fact this is a special occasion (wedding), he moved to approve the request. Motion seconded by Alderman Carls and unanimously carried. CITY COUNCIL MINUTES - APRIL 28, 1987 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8495 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8495. Motion unanimously car- ried. (b) RESOLUTION NO. 8502 - RESOLUTION FOR AWARD OF CONTRACT AND AUTHORIZATION FOR EXECUTION OF FORM TP -08112-03 Alderman Torgerson moved to waive reading and adopt Resolution No. 8502. Motion seconded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CHANGE IN CITY POLICY FOR STORM DAMAGE (DEFERRED APRIL 14, 1987) Director Bruce Ericson reported on the proposed changes in the storm damage policy. Following discussion, Alderman Mlinar moved to approve the policy change, with the provision for City clean-up in the event of storm damage. Motion seconded by Alderman Torgerson, who then amended the motion to read "clean-up would be at the discretion of the Street and Park Departments and directors." Amended motion seconded by Alder- man Mlinar and carried four to one, with Alderman Mikulecky voting nay. The main motion carried three to two, with a roll call vote of Aldermen Carls, Mlianr and Torgerson voting aye and Alderman Mikulecky and Mayor Ackland voting nay. (b) CONSIDERATION OF REQUEST FOR CITY OF HUTCHINSON TO SPONSOR FIREWORKS DISPLAY FOR JAYCEE WATER CARNIVAL (DEFERRED APRIL 14, 1987) Following extensive discussion, it was the consensus of the Council that the City donation towards the fireworks display would be reviewed on a yearly basis. Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Carls that the City designate $1,000, or 50% of the $2,000, toward the fireworks dis- play. Mayor Ackland seconded the motion, and the amendment unanimously carried. The main motion carried unanimously. Commodore Mark Erickson reported a different location would be used for the street dance. Alderman Carls moved to award a new permit for the dance at a different location. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR 1987 FOUR WHEEL TURF/BALL DIAMOND MAINTENANCE VEHICLE (DEFERRED APRIL 21, 1987) CITY COUNCIL MINUTES - APRIL 28, 1987 After discussion, Alderman Carls moved to approve the bid of $11,267 for the Cushman Motor Co. maintenance vehicle, with a $200 deduct for trade-in of the 1971 Ford van. 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 as recommended unless other arrangements had been made. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF LAWCON GRANT APPLICATION FOR BASS POND Director Bruce Ericson explained the two options on the LAWCON grant application. Following discussion, Alderman Carls moved to give pre- liminary approval to the LAWCON grant application with the acquisitions as presented by Director Ericson. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF OVERCHARGE FOR WATER/SEWER OF THREE PROPERTIES Finance Director Merrill reported three properties were overcharged for water/sewer due to faulty readings on the 1-1/2 inch water meters. The proposed adjustments were based on the percentage of over -reading, with an error factor on billing of 75% for Maplewood Academy and 53% for Chet & Associates and a 70% error factor for Haukos Bros. Mr. Willard Haukos and his son requested the Council consider a 75% er- ror rate, with interest. It was the legal opinion of the City Attorney that the City was not obligated to pay interest on the overcharge; how- ever, the State Statute policy would be 8% interest. Following discussion, Alderman Carls moved to calculate reimbursement on a 74% error rate and pay interest at 8% for the Haukos account. Mo- tion seconded by Alderman Torgerson. Alderman Carls amended his motion to make reimbursement for the other two properties as stated in the Fi- nance Director's memorandum dated April 24, 1987, with interest at 8%. Amended motion seconded by Alderman Mlinar and unanimously carried. Main motion carried unanimously. (d) CONSIDERATION OF UNDERGROUND EXCAVATIONS ON SHADY RIDGE ROAD AS 1987 PROJECT FOR SUNSET RIDGE ADDITION It was reported that the final plat and subdivision agreement were nec- essary before approval could be given to the project. Since no peti- tion for the project had been submitted, it would require a 4/5 vote of the Council. No public hearing could be held due to the timeframe for the bond sale. 3 CITY COUNCIL MINUTES - APRIL 28, 1987 Bond Consultant Bill Fahey stated the storm sewer improvement could be included in the bond sale if the Council called for a public hearing tonight and set the hearing date for May 26, 1987. It would require 35% of the property owners to sign the petition requesting the improve- ment. After discussion, Alderman Torgerson moved that $73,200 be included in the bond sale for Sunset Ridge Addition improvement project No. 87-33, to set a public hearing on Shady Ridge Road project No. 87-34 for May 26, 1987 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8494, No. 8504, No. 8505 and No. 8506. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF APPROVING REDUCED HOURS IN 1987 FOR HOMER PITTMAN The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the reduced hours. Motion unanimously carried. (f) CONSIDERATION OF APPOINTING JIM MARKA AS CHIEF BUILDING OFFICIAL Alderman Torgerson moved to approve the appointment of Jim Marka. Mo- tion seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY TACO JOHN'S WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8498. Alderman Mikulecky sec- onded the motion and unanimously carried. (h) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY ROGER GILMER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve the conditional use permit and to waive reading and adopt Resolution No. 8499. Motion carried unanimously. (i) CONSIDERATION OF PRELIMINARY PLAT OF SUNSET RIDGE ADDITION SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to approve the preliminary plat and waive read- ing and adopt Resolution No. 8501. Motion seconded by Alderman Carls and unanimously carried. (j) CONSIDERATION OF CONDITIONAL USE PERMIT ON PLANNED UNIT DEVELOPMENT SUBMITTED BY LARRY BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Carls moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8500. Motion seconded by Alderman Mlinar and carried unanimously. 4 CITY COUNCIL MINUTES - APRIL 28, 1987 (k) CONSIDERATION OF FINAL PLAT ON BREEZY MEADOW SUBMITTED BY DONALD AND HAZEL SITZ WITHIN TWO MILE RADIUS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to refer the final plat to the County with no objection. Motion car- ried unanimously. (1) CONSIDERATION OF TEMPORARY PORTABLE SIGN SUBMITTED BY JERRY BROWN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to approve the temporary portable sign. Motion seconded by Alderman Torgerson and unanimously carried. (m) CONSIDERATION OF ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES: 1. LITTLE CROW BOWLING LANES/D'VINCI'S/SPANKY'S 2. CROW RIVER COUNTRY CLUB 3. J'S PIZZA GARTEN 4. COUNTRY KITCHEN 5. GODFATHER'S PIZZA 6. GOLD COIN 7. PIZZA HUT The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and issue licenses. Motion carried unanimously. (n) CONSIDERATION OF OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSES: 1. CASH WISE FOODS 2. ERICKSON FREEDOM STATION - HWY. 7 & HWY. 15 3. GEORGE'S FOOD N FUEL 4. ONE-STOP GAS & GROCERY 5. SOUTHTOWN MOBIL 6. TOM THUMB FOOD MARKET Alderman Mlinar moved to approve and issue licenses. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF PURCHASE OF A COMPUTER-ASSISTED EKG MACHINE FOR HUTCHINSON COMMUNITY HOSPITAL Alderman Mlinar moved to approve the purchase. Motion seconded by Alderman Carls and carried unanimously. (p) CONSIDERATION OF USING LIBRARY SQUARE ON MAY 16, 1987 FOR NATIONAL HOSPITAL WEEK CELEBRATION The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the request. Motion unanimously carried. Ei (q) CONSIDERATION OF USING PARKING LOT NEXT TO PETER'S BY THE PARK TO LAND AND DISPLAY LIFE LINK III HELICOPTER ON MAY 16, 1987 FOR NATIONAL HOSPITAL WEEK Alderman Torgerson moved to approve the request. Motion seconded by Alderman Carls and carried unanimously. (r) CONSIDERATION OF RENAMING TARTAN PARK BASEBALL FIELD TO VETERAN'S MEMORIAL FIELD The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the name change. Motion unanimously carried. (s) CONSIDERATION OF SETTING BID DATE FOR SALE OF 1987 BONDS Bond Consultant Bill Fahey presented bond maturity schedules of 15 and 19 year periods for the wastewater treatment plant and 10 years for the improvement projects. It was his recommendation to open bids on May 26, 1987 at 11:00 A.M. and award the bids at the May 26 Council meet- ing. Following discussion, Alderman Carls moved to waive reading and adopt Resolution No. 8508 relating to the sale of $5,975,000 for general ob- ligation wastewater treatment bonds of 1987 (15 years). Motion second- ed by Alderman Mlinar and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8509 relating to $1,200,000 improvement bonds of 1987. Motion carried unanimously. (t) CONSIDERATION OF INSTALLING STOP SIGNS AT INTERSECTIONS OF FOURTH AVENUE SOUTHWEST AND GROVE STREET AND FOURTH AVENUE SOUTHWEST AND GLEN STREET Alderman Torgerson moved that upon the recommendation of the Interim Police Chief, to waive first reading of Ordinance No. 2/87 and set the second reading for May 26, 1987. Motion seconded by Alderman Mlinar and unanimously carried. (u) CONSIDERATION OF AWARDING CONTRACTS FOR IMPROVEMENT PROJECTS NO. 87-14 AND NO. 87-23 It was the recommendation of the Engineering Department to award the contract for project No. 87-14 to Juul Contracting Co. for $22,388.50 and to Wm. Mueller & Sons for $78,165.00 on project No. 87-23. Following discussion, Alderman Torgerson moved to approve and enter into contracts and to waive readings and adopt Resolutions No. 8496 and No. 8497. Motion seconded by Alderman Mikulecky and carried unani- mously. (v) CONSIDERATION OF INCLUDING WOODRIDGE SUBDIVISION PETITION TO LIST OF 1987 IMPROVEMENT PROJECTS AND BOND SALE A 100% petition for street surfacing on Campbell Lane in Woodridge 0 CITY COUNCIL MINUTES - APRIL 28, 1987 Addition was presented to the Council. It was requested this work be included in the 1987 improvement projects. Following discussion, Alderman Mlinar moved to approve project No. 87-35 and to waive reading and adopt Resolution No. 8503. Motion sec- onded by Alderman Torgerson and carried four to zero. Alderman Miku- lecky abstained from voting since he was a property owner. (w) CONSIDERATION OF TEMPORARY WAGE ADJUSTMENT FOR ACTING POLICE CHIEF The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the temporary wage adjustment. Motion unanimously carried. (x) CONSIDERATION OF PETITION TO WITHDRAW PROJECT NO. 87-24 FROM 1987 IMPROVEMENT PROJECTS It was reported that the property owner, Tyrone Helland, had submitted a petition requesting to withdraw project No. 87-24 from the 1987 im- provements. After discussion, Alderman Torgerson moved to grant the request of withdrawal for project No. 87-24 from the 1987 improvement projects and to waive reading and adopt Resolution No. 8507. Motion seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the timetable for installation of the signal light on Hwy. 7 West and School Road. He also reviewed a map which showed the easements and their locations for the new waste- water treatment plant. It was determined to hold a joint City Council and Hassan Valley Township Board meeting on May 6, 1987 at 7:00 P.M. to discuss obtaining an easement from the township. The airport appraisals have been completed, and the City Attorney is reviewing them. A pre -construction meeting for the new police station has been sched- uled for May 6 at 10:00 A.M. The auditing firm has made recommendations regarding the City's cash policies, and the Council will receive a copy of the report. The County Assessor recommended two dates for the Board of Review. It was the consensus of the Council to meet on June 17, 1987 at 4:30 P.M. The Council was advised that they may be contacted by Dori Johnson re- garding some property she owns which is for sale. 7 CITY COUNCIL MINUTES - APRIL 28, 1987 Mr. Plotz reported the cost of the four air conditioning units for Burns Manor Nursing Home was $300 per unit higher than what was auth- orized by the City Council at its April 14, 1987 meeting. He had instructed the administrator to proceed with the purchase since it was sti 11 low bid. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated the Utilities Commission had received some requests for decorative street lighting in new additions. They would like the Council to adopt a policy establishing the type of pole to be used and the lighting fixtures. The City staff was directed to draft a policy for Council review. (c) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on an Action Alert issued by the League of Cities regarding a proposal of three percent levy limit which has al- ready passed one committee and a cut in LGA's in 1987. He felt the Council should go on record opposing it. Alderman Torgerson moved that the City go on record opposing the Leg- islative proposals. Motion seconded by Alderman Carls and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, 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 10:55 P.M.