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01-22-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 22, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Keith Duehn. 3. MINUTES The minutes of the bid opening of January 7, 1985 and the regular meet- ing of January 8, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1984 2. LIBRARY BOARD MINUTES DATED JANUARY 7, 1985 3. AIRPORT COMMISSION MINUTES DATED JANUARY 16, 1985 Mayor Stearns ordered the report and minutes to be received for filing. (b) CONSIDERATION OF APPLICATION FOR BINGO LICENSE BY KNIGHTS OF COLUMBUS The motion was made by Alderman Carls to approve and issue the bingo license. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF APPLICATION FOR GAMBLING LICENSE BY KNIGHTS OF COLUMBUS Alderman Mlinar moved to approve and issue the gambling license. The motion was seconded by Alderman Mikulecky and unanimously car- ried. (d) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMITS 1. DAVID BLAKE 2. DON GLAS 3. EDWIN KARG 1 COUNCIL MINUTES JANUARY 22, 1985 It was moved by Alderman Carls, seconded by Alderman Torgerson, to approve and issue the snow removal permits. Motion carried unani- mously. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 85-01-36 Mayor Stearns called the public hearing to order at 8:00 P.M. for consideration of an improvement project on Carlisle Street. City Engineer Priebe reported the proposed construction of grading, gravel base and appurtenances would cost approximately $11,797.40. There being no one present for the hearing, Alderman Mlinar moved to close the hearing at 8:05 P.M. The motion was seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve project No. 85-01-36 and to waive reading and adopt Resolution No. 7970. Motion carried unanimously. (b) ASSESSMENT ROLL NO. 200 - LETTINGS NO. 2 AND 3 Engineer Priebe reviewed the improvement projects for construction of grading, base, surfacing and appurtenances, at a total cost of $548,565.68. The public hearing was closed at 8:10 P.M. upon motion by Alderman Torgerson, seconded by Alderman Mlinar. Motion carried unanimously. Alderman Carls moved to approve assessment roll No. 200 and to waive reading and adopt Resolution No. 7971. The motion was sec- onded by Alderman Mlinar and unanimously carried. (c) ASSESSMENT ROLL NO. 201 - LETTING NO. 5 Engineer Priebe reported the total cost was $32,930.30 for con- struction of gravel base, curb and gutter and appurtenances for improvement projects No. 85-01-26, No. 85-01-28 and No. 85-01-34. Mr. Francis Machtemes stated he was owner of the one house in Mac's Bluff Addition. Therefore, he requested the project be deferred until 1986 when more development had occurred. It was moved by Alderman Torgerson to close the hearing at 8:15 P.M. Alderman Mlinar seconded the motion and carried unanimously. The motion was made by Alderman Torgerson to approve assessment roll No. 201, with the deletion of project No. 85-01-34 from the 2 COUNCIL MINUTES JANUARY 22, 1985 roll, and to waive reading and adopt Resolution No. 7972. Alderman Mlinar seconded the motion, and it unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE FEBRUARY 8-10, 1985 FOR WINTER FESTIVAL Alderman Mlinar made the motion to approve the request. The motion was seconded by Alderman Torgerson and carried unanimously. (b) REPORT FROM CABLE TV ADVISORY COMMITTEE Representative Barry Anderson presented a report on cable tele- vision. He requested Council authorization for the committee to spend $300 for North Coast Communication Inc. to present an open forum February 7, 1985, 7:00 to 10:00 P.M., at HAVTI. Alderman Carls moved to approve the $300 expenditure for the serv- ices of North Coast Communication Inc. Motion seconded by Alderman Mlinar and unanimously carried. (c) DISCUSSION OF ENFORCEMENT OF DOGS AT LARGE (REQUESTED BY ALDERMAN MARLIN TORGERSON) Following a report by Sgt. John Gregor regarding stray dogs proced- ure, it was moved by Alderman Torgerson to set the dog impounding fee at $10 per day. Alderman Carls seconded the motion, and it carried unanimously. (d) DISCUSSION ON PREPARING SPECIFICATIONS FOR NEW SEWAGE TREATMENT FACILITY RCM representatives Charles Barger and James Welday presented a re- port on the proposed Hutchinson sewage treatment facility. Following lengthy discussion, the motion was made by Alderman Carls to defer a decision until the February 12 Council meeting and to direct City staff to contact P.C.A. for affirmation of RCM's quali- fications and quality of their work. Alderman Mlinar seconded the motion, and it unanimously carried. (e) DISCUSSION OF COST PROJECTIONS FOR PROPOSED SEWAGE TREATMENT PLANT, INCLUDING ESTABLISHING A RESERVE FUND After discussion, Alderman Torgerson moved to amend the existing ordinance in line with the 1985 - 1987 sewer rate increase sched- ule and set the first reading of the ordinance for February 12, 1985. The motion was seconded by Alderman Mikulecky and carried unanimously. 3 COUNCIL MINUTES JANUARY 22, 1985 (f) CONSIDERATION OF REQUEST TO ATTEND MUNICI-PALS WINTER WORKSHOP It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the request. Motion unanimously carried. (g) CONSIDERATION OF REQUEST FROM CITY FORESTER TO ATTEND HORTICULTURAL CONFERENCE JANUARY 29-31, 1985 Alderman Mikulecky moved to approve the request. Alderman Carls seconded the motion, and it carried unanimously. (h) DISCUSSION OF PARKVIEW PLAZA PROJECT Developers Frank Fay and Jim Trucker and Architect Richard Strong presented revised plans for the Parkview Plaza project. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and set a public hearing for February 26, 1985 at 8:00 P.M. and to waive readings and adopt Resolutions No. 7973, No. 7974, and No. 7975. Motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 1/85 - ORDINANCE AMENDING SECTION 635:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED WEED ELIMINATION It was moved by Alderman Carls, seconded by Alderman Torgerson, to waive second reading and adopt Ordinance No. 709. Motion carried unanimously. (b) RESOLUTION NO. 7966 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM CITIZENS BANK & TRUST CO. Alderman Carls made the motion to waive reading and adopt Resolu- tion No. 7966. The motion was seconded by Alderman Mlinar and car- ried unanimously. (c) RESOLUTION NO. 7967 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Tor- gerson, to waive reading and adopt Resolution No. 7967. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF BIDS FOR PROJECT 85-01-25 Following discussion, Alderman Carls moved to defer action until a later Council meeting. Alderman Mlinar seconded the motion, and it carried unanimously. 4 COUNCIL MINUTES JANUARY 22, 1985 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to authorize discontinuation of service at noon on January 28 unless other arrangements were made. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY DR. TOM LYKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the conditional use permit and to waive reading and adopt Resolution No. 7964. Motion carried unanimously. (c) CONSIDERATION OF PETITION TO VACATE PARK LANE AS SUBMITTED BY PAT SPAUDE/BRUCE DRAHOS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and waive first reading of Ordinance No. 2/85 and set the second reading for February 12, 1985. Motion unanimously carried. (d) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY FARID CURRIMBHOY (HUTCH ABC MONTESORRI SCHOOL) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to reject the condi- tional use permit as requested, based upon the Planning Commis- sion's recommendation for denial. Alderman Mikulecky seconded the motion, and it carried unanimously. (e) CONSIDERATION OF VARIANCE AS REQUESTED BY FARID CURRIMBHOY (HUTCH ABC MONTESORRI SCHOOL) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was moved by Alderman Carls, seconded by Alderman Torgerson, to reject the variance request for the same reason as given by the Planning Commission for denial. Motion unanimously carried. (f) CONSIDERATION OF CONDITIONAL USE PERMIT FOR PUD AS REQUESTED BY LARRY BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson to approve the condi- tional use permit and to waive reading and adopt Resolution No. 7965. The motion was seconded by Alderman Mlinar and carried unanimously. 5 COUNCIL MINUTES JANUARY 22, 1985 (g) CONSIDERATION OF CONTRACT CHANGES FOR 1985 WITH COMMUNITY ACTION AGENCY SENIOR NUTRITION PROGRAM It was moved by Alderman Carls, seconded by Alderman Mlinar, to ap- prove and enter into a contract. Motion unanimously carried. (h) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HELLAND'S SIXTH ADDITION Alderman Torgerson moved to approve and authorize signing the sub- division agreement for Helland's Sixth Addition. The motion was seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF FIRE DEPARTMENT EQUIPMENT Following discussion, the motion was made by Alderman Carls to ap- prove the purchase of fire department equipment. Alderman Mlinar seconded the motion, and it unanimously carried. After discussion, Alderman Carls moved to approve the expenditure of $580 for labor and materials from the proceeds of the fire sta- tion bond fund. The motion was seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF SEWER RATE INCREASE See agenda item 6-e. (k) CONSIDERATION OF REFUND ON SPECIAL ASSESSMENTS PAYMENT Following discussion, it was moved by Alderman Torgerson to refund the money incorrectly paid by Ronald and Evelyn Hansen on Special Assessment Roll No. 59 and to activate assessment against the cor- rect property owner, and to waive reading and adopt Resolution No. 7976. Alderman Carls seconded the motion, and it unanimously car- ried. (1) CONSIDERATION OF OFFER FROM BUTCH WENTWORTH TO PURCHASE SELCHOW- JORGENSON LOT FROM CITY After discussion, the motion was made by Alderman Mlinar to accept the bid of $10,000 for Lot 12, Block 3, Selchow-Jorgenson Subdivi- sion and to direct the City Attorney to prepare the necessary ordi- nance. Motion seconded by Alderman Torgerson and carried unani- mously. (m) CONSIDERATION OF PLACEMENT OF EMPLOYEES IN COMPARABLE WORTH PLAN, MARKET ADJUSTMENT, AND MERIT EVALUATION Following a review of the proposed pay plan by City Administrator Plotz, the motion was made by Alderman Mlinar to make the market 9 COUNCIL MINUTES JANUARY 22, 1985 and merit adjustment 4.5% for 1985. The motion failed for lack of a second. Alderman Torgerson moved to expand the pay plan matrix to add pay ranges to 115% and adopt the merit and market adjustment as pre- sented. The motion failed for lack of a second. The motion was made by Alderman Carls, seconded by Alderman Torger- son, to expand the pay plan matrix to 115% and to adopt the compar- able worth plan according to the line rates per the guideline. (All employees with over five years service were placed at mid- point - 100% level of range; employees of less than five years were placed at 95% or less.) Motion carried 3 to 2, with Aldermen Carls and Torgerson and Mayor Stearns voting aye, and Aldermen Mlinar and Mikulecky voting nay. Alderman Carls moved to make the market adjustment 4.5% for 1985, retroactive to January 1, 1985. The motion failed for lack of a second. It was moved by Alderman Mlinar to have the market adjustment 3.5% for 1985. The motion failed for lack of a second. Alderman Mikulecky moved to defer the market increase adjustment until the next Council meeting. Alderman Torgerson seconded the motion, and it failed 4 to 1, with Alderman Mikulecky voting aye and Aldermen Carls, Mlinar, Torgerson and Mayor Stearns voting nay. The motion was made by Alderman Torgerson to set the market adjust- ment at 4% for 1985, retroactive to January 1, 1985. Alderman Mlinar seconded the motion, and it carried 3 to 2, with Aldermen Carls, Mlinar and Torgerson voting aye and Alderman Mikulecky and Mayor Stearns voting nay. Alderman Carls moved to allow a merit adjustment, of which the total impact would not exceed 5/10 of 1% of impact. The motion was seconded by Alderman Torgerson and carried 3 to 2, with Aldermen Carls, Mlinar and Torgerson voting aye and Alderman Mikulecky and Mayor Stearns voting nay. Alderman Carls moved that the 1986 salary considerations be placed on the City Council agenda at the first meeting of December 1985. Motion seconded by Alderman Torgerson and carried 4 to 1, with Ald- erman Mikulecky voting nay. The motion was made by Alderman Torgerson that the part-time Senior Center Activities Supervisor be placed on the pay plan at grade III, 90% of range. Alderman Carls seconded the motion, and it car- ried unanimously. 7 COUNCIL MINUTES JANUARY 22, 1985 (n) CONSIDERATION OF ASSESSMENT HEARING FOR IMPROVEMENT PROJECTS NO. 85-01-27, 85-01-28, 85-01-29, 85-01-30, AND 85-01-31 Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to approve assessment roll No. 202 and to set a public hearing for February 26, 1985 at 8:00 P.M., and to waive reading and adopt Resolutions No. 7968 and No. 7969. Motion unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR None. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls recommended that the Minnesota Department of Trans- portation be contacted about the possibility of reducing the speed limit to 40 MPH on Highway 7 East and West. It was moved by Alderman Carls to waive reading and adopt Resolu- tion No. 7977. Alderman Mlinar seconded the motion, and it carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about signs in the downtown area. 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 ap- propriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:03 A.M.