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04-09-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 9, 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, Alder- man Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Gerrit Molennar Jr. 3. MINUTES Following discussion, Alderman Mikulecky moved to amend the March 26, 1985 minutes to include the entire letter from James G. De Meyer. The motion was seconded by Alderman Torgerson and failed four to one, with Alderman Mikulecky voting aye and Aldermen Carls, Mlinar and Torgerson and Mayor Stearns voting nay. Alderman Carls made the motion to approve the March 13, 1985 special meeting minutes as distributed and the March 26, 1985 regular meeting minutes as amended. The motion was seconded by Alderman Mlinar and car- ried four to one, with Alderman Mikulecky voting nay. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1985 2. NURSING HOME BOARD MINUTES DATED FEBRUARY 28, 1985 3. TREE BOARD MINUTES DATED MARCH 6, 1985 4. PARKS AND RECREATION BOARD MINUTES DATED MARCH 6, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) RESOLUTION NO. 8013 - RESOLUTION FOR PURCHASE Following discussion, it was moved by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8013 for the purchase of grader tires, construction materials, and air paks with spare tanks and holders. Motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY AGNES SITZ After discussion, the motion was made by Alderman Carls to approve the reduced trash and refuse rate. Alderman Mlinar seconded the motion, and it unanimously carried. 1 COUNCIL MINUTES APRIL 9, 1985 (d) CONSIDERATION OF APPOINTMENTS: 1. CITY TREE BOARD - JERRY BROWN 2. HOSPITAL BOARD - DORI JOHNSON 3. LIBRARY BOARD - ALBERT LINDE AND KATHY MCGRAW 4. NURSING HOME BOARD - LARRY GRAF 5. PLANNING COMMISSION - LARRY ROMO AND DR. THOMAS LYKE 6. POLICE CIVIL SERVICE COMMISSION - DR. ROBERT PROCHNOW 7. POLICE STATION BUILDING COMMITTEE - DEAN O'BORSKY, JOHN GREGOR, CHUCK JONES, CHAD PIEHL, DICK BURGART, PAT DURFEE, PHYLLIS HEGRENES, KENNETH GRUENHAGEN, NORMAN TULMAN, AND RUSSELL MEADE Following discussion, it was moved by Alderman Torgerson, seconded by Alderman Mlinar, to ratify the above-named appointments. Motion carried four to one, with Mayor Stearns voting nay. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 85-01-37 The public hearing was called to order at 8:00 P.M. by Mayor Stearns. Director of Engineering Priebe reported there was a drainage problem in the area north of Fifth Avenue Northwest west of Main Street. It was his recommendation to construct a storm sewer service and appurtenances at an estimated cost of $13,192. Mr. Priebe stated it would be necessary to obtain an easement from the Saar property on the east. Mayor Stearns stated that Mr. and Mrs. Arthur Saar, 45 Fifth Avenue N.W., had submitted a letter in opposition of the improvement assessment on the Fifth Avenue Northwest project. Mr. Jon Marshall, 37 Fifth Avenue N.W., stated that when it rains, it becomes like a flash flood. The water comes down the swell and hits the lower ground. The present drain cannot handle the water, and during the spring thaw the drain plugs up. Mrs. Art Saar commented that when Maplewood Academy started build- ing, the school changed the contour of the land; therefore, the drainage from the other buildings comes down into the property owners' yards. Mrs. Jon Marshall reiterated that between the Nelson and Peterson properties there is a constant flow of water. It was suggested 2 COUNCIL MINUTES APRIL 9, 1985 that drains be placed on Maplewood property and behind the Nelson property out to the street. The problem needed to be taken care of. City Engineer Priebe thought perhaps the tile had collapsed or was plugged up during the winter months. It is an old tile in the area that hooks up with county tile. Mr. Marshall reported the City Engineer had been out to look at the area about a year ago, but the problem was getting worse. Mr. Charles Nelson, 105 Fifth Avenue N.W., concurred and hoped some- thing could be done about the situation. A representative from Maplewood Academy stated the school had not done any landscaping in the past eight years. Mrs. Art Saar responded that the excavation at the school had been done 20 years ago when heavy equipment came in and moved dirt. City Engineer Priebe pointed out the city didn't have full-time staff to monitor the problem when the building was done; also, the city had no zoning and building codes at that time. It was his recommendation to combine the two areas and resolve the problem. Mr. Jon Marshall believed that during the time he owned his prop- erty, the neighbors had been assessed for square footage. They did not have a problem with water, but it seems to come from the north or northwest. He didn't feel the property owners should be assessed since it was not their problem. Mrs. Jon Marshall stated there was a valley from the school build- ings where the water ran, and their drain cannot handle the amount. The motion was made by Alderman Carls to close the hearing at 8:30 P.M. Alderman Mlinar seconded the motion, and it unanimously car- ried. Alderman Carls moved to reject the plan for improvement project No. 85-01-37 and to waive reading and adopt Resolution No. 8011 reject- ing the plan. The motion was seconded by Alderman Mlinar and car- ried unanimously. It was moved by Alderman Carls to direct the City Engineer to re- view the area and come up with a new plan. Alderman Torgerson sec- onded the motion, and it unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR DIRECTOR OF ENGINEERING TO ATTEND MINNESOTA PUBLIC WORKS ASSOCIATION SPRING CONFERENCE MAY 15-17, 1985 3 COUNCIL MINUTES APRIL 9, 1985 Following discussion, the motion was made by Alderman Mlinar, sec- onded by Alderman Carls, to approve the request. (b) CONSIDERATION OF REQUEST FOR LIQUOR STORE IMPROVEMENT OF NEW CARPET AND REFINISHING SIDES OF BUILDING After discussion, Alderman Torgerson moved to accept the low bid of Waldo's Floor Service in the amount of $1,154.64 for new carpeting in the liquor store. Motion seconded by Alderman Mlinar and car- ried unanimously. Alderman Mikulecky moved to defer the refinishing of the sides of the building until the next City Council meeting. Alderman Mlinar seconded the motion, and it unanimously carried. (c) CONSIDERATION OF REQUEST FOR PARADE PERMIT FOR ANNUAL MEMORIAL DAY PARADE ON MAY 27, 1985 After discussion, Alderman Carls made the motion to approve and is- sue the parade permit. Motion seconded by Alderman Mikulecky. the motion was amended by Alderman Carls to include waiving the parade permit fee. Alderman Mlinar seconded the amended motion, and it carried unanimously. The motion unanimously carried. (d) CONSIDERATION OF COMMUNICATION REGARDING FLOODING IN AREA OF FIFTH AVENUE SOUTHWEST AND GROVE STREET SOUTH Following discussion, it was moved by Alderman Carls to defer this item until the next Council meeting. Alderman Mlinar seconded the motion, and it carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8015 - RESOLUTION ACCEPTING $75,000 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Mlinar to waive reading and adopt Resolution No. 8015. Motion seconded by Alderman Torgerson and unanimously carried. (b) RESOLUTION NO. 8016 - RESOLUTION OF APPRECIATION TO WESLEY GREVE It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8016. Motion carried unanimously. (c) RESOLUTION NO. 8017 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM CITIZENS BANK & TRUST CO. Alderman Carls moved to waive reading and adopt Resolution No. M COUNCIL MINUTES APRIL 9, 1985 8017. The motion was seconded by Alderman Mlinar and unanimously carried. (d) ORDINANCE NO. 6/85 - ORDINANCE AMENDING SECTION 806:15 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED INTOXICATING LIQUOR, ADMINISTRATION The motion was made by Alderman Mlinar, seconded by Alderman Tor- gerson, to waive first reading of Ordinance No. 6/85 and set the second reading for April 23, 1985. Motion carried unanimously. (e) RESOLUTION NO. 8020 - RESOLUTION RELATING TO AN $275,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (LYKE AND GILLARD PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 It was moved by Alderman Mlinar to waive reading and adopt Resolu- tion No. 8020. The motion was seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BIDS FOR LIBRARY FURNISHINGS Following discussion, Alderman Mlinar moved to approve and award the bids for library furnishings to E. J. Pinske ($7,445.00), Metro Systems Furniture ($7,750.00), DMO Inc. ($25,231.00), and PM John- son's Inc. ($14,245.46). Alderman Mikulecky seconded the motion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF EXTENDING CITY WATERMAIN, STORM SEWER AND SANITARY SEWER TO HUTCHINSON PUBLIC SCHOOL SITE LOCATED SOUTH OF EXISTING HIGH SCHOOL ALONG SCHOOL ROAD The City Engineer presented a report on the area involved. The mo- tion was made by Alderman Torgerson to direct the City Engineer to prepare preliminary cost estimates on the project, including costs that would be assessed to the school, costs deferred, ad valorem taxes, and other pertinent information. The motion was seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF ADVERTISING FOR BIDS FOR ROAD OILS AND TV PHOTOGRAPHS OF UNDERGROUND LINES FOR MAINTENANCE After discussion, Alderman Mlinar moved to approve advertising for bids on road oils and TV photographs of underground lines. The mo- tion was seconded by Alderman Torgerson and carried unanimously. 5 COUNCIL MINUTES APRIL 9, 1985 (c) CONSIDERATION OF AUTHORIZING ADVERTISEMENT FOR BIDS ON PARK TRACTOR Following discussion, the motion was made by Alderman Carls to ad- vertise for bids on a park tractor in time for a bid opening on April 22, 1985 at 2;00 P.M. and also get a firm estimate on the overhaul cost on the existing John Deere 2020 tractor and the trade-in value of the old tractor. Alderman Mlinar seconded the motion, and it unanimously carried. (d) CONSIDERATION OF REQUEST TO INCREASE POLICE DEPARTMENT CLOTHING ALLOWANCE After discussion, it was moved by Alderman Carls to approve the clothing allowance increase by $50 to $350 per year. Motion sec- onded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF GENERAL FUND REIMBURSEMENT City Administrator Plotz explained the fund transfer of $20,000 from the water and sewer fund to the 1984 general fund. Following discussion, Alderman Carls moved to approve the general fund reim- bursement. The motion was seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF AUTHORIZING PREPARATION OF PROPOSAL FOR REVOLVING LOAN FUND FROM EXCESS TAX INCREMENTS OF AREAS 1 AND 2 DOWNTOWN AND AREA 3 OF DISTRICT NO. 4 The motion was made by Alderman Torgerson to approve preparation of the revolving loan fund proposal. Alderman Mlinar seconded the mo- tion. During discussion Aldermen Carls and Mikulecky requested a status report on the tax increment fund to be available at the pub- lic hearing. Motion unanimously carried. (g) CONSIDERATION OF ESTABLISHING JUST COMPENSATION OF PROPERTY OWNED BY MRS. GILBERT BOLDT Following discussion, Alderman Mikulecky moved to contact Consult- ing Engineers Diversified for them to look at the green area site on the map and to contact the MPCA and other authorities if this site is feasible for the wastewater treatment plant for the next Council meeting. Motion seconded by Alderman Torgerson and car- ried unanimously. (h) CONSIDERATION OF ESTABLISHING JUST COMPENSATION OF PROPERTY OWNED BY HENRY "CHRIS" KADELBACH Alderman Mikulecky moved to defer action until the next Council meeting. Alderman Torgerson seconded the motion, and it unani- mously carried. N. COUNCIL MINUTES APRIL 9, 1985 (i) CONSIDERATION OF ESTABLISHING JUST COMPENSATION OF PROPERTY OWNED BY MR. & MRS. EUGENE SCHIMMEL Alderman Mikulecky moved to defer action until the next Council meeting. Alderman Torgerson seconded the motion, and it carried unanimously. (j) CONSIDERATION OF UTILITIES AND SERVICE ROAD FOR LARRY BETHKE'S MOTEL PROJECT City Engineer Priebe reported that Larry Bethke had 100 percent ownership of the property to be assessed; therefore, no public hearing would be necessary. Alderman Mlinar moved to approve the project and order the engin- eer's report and to waive reading and adopt Resolution No. 8014. The motion was seconded by Alderman Carls and unanimously carried. (k) CONSIDERATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS ON PROJECT NO. 85-01-38 Following discussion, it was moved by Alderman Torgerson to approve the plans and specifications for project No. 85-01-38, to open bids April 30, 1985 at 2:00 P.M., and to waive reading and adopt Resolu- tion No. 8012. Alderman Mikulecky seconded the motion, and it car- ried unanimously. (1) REVIEW OF MUNICIPAL STATE AID STREET SYSTEM BY CITY ENGINEER The City Engineer presented a report on the municipal state aid street system. Alderman Mlinar moved to approve the recommended changes and to waive reading and adopt Resolutions No. 8018 and No. 8019. The motion was seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on a meeting held today with officials of Pure Culture Products (Hercules), CED, and city staff. The city was informed that Pure Culture will be reducing its flow into the new wastewater plant by approximately 17 percent, which will affect the proposed size of the structure. A smaller plant will require a change in Phase I of RCM's plan. Also, Pure Culture requested adoption of a resolution at the next Council meeting that would identify the type of funding to be used for the construction of the new sewage treatment plant. It was reported that the City of New Hope had offered $163,000 IRB 7 COUNCIL MINUTES APRIL 9, 1985 allotment to Hutchinson to meet its commitment for the Frank Fay hotel project. Mr. Plotz commented on the State Planning Association Conference which he and the Mayor had recently attended. One of the seminars addressed the land fill problem with the burning of refuse. It was suggested that the City Council and County Board meet to dis- cuss this mutual concern. On April 4 the City Administrator, City Finance Director and Sena- tor John Bernhagen met with the State Commissioner of Finance to discuss the problem on tax statements where the tax increment is listed. A different method of listing was recommended. The Coun- cil should meet with the County Board to discuss this issue. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar requested the use of the Hutchmobile on June 16 to transport the public to the airport dedication program and to waive the usual fee. No action was taken, and the item will be put on the Council agenda for April 23. Mr. Mlinar expressed concern about some neighborhoods cluttered up with various items. (c) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns stated he would like to discuss the function of Region 6-E with the County Board. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Pat Mikulecky commented on waiving the fee for the recrea- tion facility building permit. He pointed out there is a State surcharge that must be paid. (e) COMMUNICATIONS FROM CITY ATTORNEY JAMES SCHAEFER City Attorney Schaefer explained the procedure for the legal pro- cess of a "public nuisance." It can't just be an eye sore. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING MARLOW V. PRIEBE Engineer Priebe reported that Richard Schmidtbauer had requested consideration of work on Bradford Street for this year's improve- ment projects. The improvement would be assessable to the property owner, and he would have until May 1, 1985 to submit his request to the Council. It was the consensus of the Council that they would consider the project for this year. COUNCIL MINUTES APRIL 9, 1985 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10;22 P.M. p