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06-11-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 11, 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 Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Absent: Alderman John Mlinar. 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 Reverend Wesley Vagle. 3. MINUTES The minutes of the regular meeting of May 28, 1985 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1985 2. NURSING HOME BOARD MINUTES DATED APRIL 22, 1985 3. LIBRARY BOARD MINUTES DATED JUNE 3, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) CONSIDERATION OF APPOINTMENT OF LINDA WILLMSEN TO LIBRARY BOARD It was moved by Alderman Torgerson, seconded by Alderman Carls, to ratify the appointment of Linda Willmsen to the Library Board. Mo- tion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 203 - PROJECT NO. 85-01-36, LETTING NO. 9 The public hearing was called to order by Mayor Stearns at 8:00 P.M. No one was present regarding the project. Alderman Torgerson moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Carls and unanimously carried. The motion was made by Alderman Torgerson to approve assessment roll No. 203, to award contract to Erickson & Templin Contracting for $8,7241.50, and to waive readings and adopt Resolutions No. 8051 and No. 8055. Alderman Carls seconded the motion, and it car- ried unanimously. 1 CITY COUNCIL MINUTES - JUNE 11, 1985 (b) ASSESSMENT ROLL NO. 204 - PROJECT NO. 85-01-38, LETTING NO. 10 City Engineer Marlow Priebe reported on project No. 85-01-38. There being no one present for the hearing, Alderman Torgerson moved to close the hearing at 8:10 P.M. The motion was seconded by Alderman Carls and carried unanimously. Alderman Carls moved to approve assessment roll No. 204, to award contract to Gaub, Inc. for $53,827.00, and to waive readings and adopt Resolutions No. 8052 and No. 8054. Alderman Mikulecky sec- onded the motion, and it unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMAN PROPERTY 2. GUTORMSON PROPERTY 3. CAMEO CLEANERS SIGN 4. STORM SHELTER RULES AND REGULATIONS City Attorney Schaefer gave a brief report on the status of the above items and stated that court action had been delayed for com- pliance by the parties involved. A report will be presented at the next Council meeting. (b) REPORT FROM POLICE STATION BUILDING COMMITTEE Chairman Chad Piehl and Phyllis Hegrenes presented reports on the committee's progress and its recommendation for a police station site at School Road and Highway 7 West, which is city owned prop- erty. The committee also requested a $5,000 allocation of funds to continue their study. No action was taken, and the item will be considered at the June 25 Council meeting. (c) REPORT FROM RECREATION FACILITY BUILDING COMMITTEE ON WADING POOL Chairman Barry Anderson reported on the recreation facility and the wading pool. The contractor had extended the deadline to July 15 for including a wading pool in the project. To date, several local organizations have raised over $5,000 toward paying for a wading pool. It was the recommendation of the committee to include an additional $2,000 cost for pool lighting standard bases. Also, there would be an additional cost for equipment in the recreation facility. No action was taken on these two items. (d) CONSIDERATION OF REQUEST FOR USE OF SIDEWALK FOR SIDEWALK/GARAGE SALE 2 CITY COUNCIL MINUTES - JUNE 11, 1985 Alderman Torgerson moved to approve the request. The motion was seconded by Alderman Carls and carried unanimously. (e) CONSIDERATION OF REQUEST FOR POLICE SECRETARY TO ATTEND SEMINAR JUNE 14, 1985 The motion was made by Alderman Carls, seconded by Alderman Miku- lecky, to approve the request. Motion unanimously carried. (f) CONSIDERATION OF COMPLAINT CONCERNING STRAY CATS Following discussion, it was moved by Alderman Carls to direct the City Administrator to obtain additional information. Alderman Tor- gerson seconded the motion, and it carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 8/85 - ORDINANCE ADOPTING 1985 MINNESOTA STATE BUILDING CODE Alderman Carls made the motion to waive the second reading and adopt Ordinance No. 716. The motion was seconded by Alderman Tor- gerson and unanimously carried. (b) RESOLUTION NO. 8056 - A RESOLUTION PRESENTATION OF PLANS AND SPECIFICATIONS TO HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Carls to waive reading and adopt Resolution No. 8056 calling for plans and specifications in com- mercial zones to be given to the Hutchinson Utilities Commission. Alderman Torgerson seconded the motion and carried unanimously. (c) RESOLUTION NO. 8057 - RESOLUTION OF APPRECIATION FOR BRUCE ERICSON It was moved by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8057. During discussion, it was reported that Bruce Ericson had requested to return to his former position with the city. After lengthy discussion, the motion was made by Alderman Carls to hire Bruce Ericson back as Parks and Recreation Director, effective immediately. Motion seconded by Alderman Torgerson. Alderman Carls amended his motion that Bruce Ericson would pay the cost for advertising the position, return at the same salary, and delay the third week of vacation until the eighth year of employment rather than the seventh year of eligibility. Alderman Torgerson seconded the amended motion, and it carried three to one with Alderman Mik- ulecky voting nay. The main motion carried three to one with Ald- erman Mikulecky voting nay. 8. UNFINISHED BUSINESS 3 CITY COUNCIL MINUTES - JUNE 11, 1985 (a) CONSIDERATION OF RECOMMENDATION FROM HOSPITAL BOARD TO LIQUIDATE PORTION OF HOSPITAL PROPERTY ON EAST FOR CONDOMINIUM DEVELOPMENT (DEFERRED MAY 28, 1985) Following discussion, Alderman Carls moved to sell the hospital property (4.5 acres) to Retirement Living Communities, Inc. for $104,175, contingent upon the property being rezoned and the de- veloper be responsible for the costs in developing the cul de sac on Freemont so that there would be no city cost or cost assessed out to any other party for the cul de sac. The motion was sec- onded by Alderman Torgerson. Alderman Mikulecky amended the mo- tion for the selling price to be $138,000, fair market value. Ald- erman Carls seconded the motion. The amended motion failed with a split vote of Aldermen Torgerson and Mikulecky voting aye and Ald- erman Carls and Mayor Stearns voting nay. The motion was amended by Alderman Mikulecky to have a six month option amount of $2,000 and to be deducted from the purchase price. Alderman Carls second- ed the amended motion, and it carried unanimously. The main motion unanimously carried. (b) PRESENTATION BY ATTORNEY RONALD MCGRAW FOR ARTHUR BENJAMIN REGARDING DEED INSTEAD OF EASEMENT FOR PROPERTY ALONG NEMITZ BUILDING IN EXCHANGE FOR ONE DEDICATED PARKING SPACE (DEFERRED MAY 28, 1985) Following discussion, Alderman Torgerson moved to reject the pro- posal of a 10 -year lease instead of an easement. Motion seconded by Alderman Carls and unanimously carried. (c) CONSIDERATION OF AUTHORIZATION TO PROCEED ON CITY PARKING LOTS FORMERLY KNOWN AS WIGEN AND PLOWMAN PROPERTY (DEFERRED MAY 28) After discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to proceed with the Wigen parking lot plan and to reactivate the assessment for the Nemitz building. Motion carried unanimously. No action was taken on the Plowman property parking lot. (d) CONSIDERATION OF FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION PURCHASING 18 FOOT STRIP OF LAND ON PLOWMAN PARKING LOT (DEFERRED MAY 28, 1985) Following a presentation by the City Engineer on alternate parking plans for the Plowman parking lot, it was moved by Alderman Torger- son to approve the sale of the 18 foot land strip to First State Federal for the figure of $5,000, with the money to be designated to the parking fund. The motion failed for lack of a second. Alderman Torgerson moved to leave the 18 foot strip a green space and go with the original configuration. The motion failed for lack of a second. 4 CITY COUNCIL MINUTES - JUNE 11, 1985 It was moved by Alderman Carls, seconded by Alderman Mikulecky, to defer this item to the next Council meeting. Motion carried three to one, with Mayor Stearns voting nay. (e) REVIEW OF COMPREHENSIVE PLAN MAP (DEFERRED MAY 28, 1985) This item was deferred to the next Council meeting. (f) CONSIDERATION OF AWARDING BID FOR 1985 BONDS (DEFERRED JUNE 11, 1985) Financial consultant Bill Fahey reported four bond bids were re- ceived, and he recommended awarding the bid to Cronin & Marcotte Inc. The motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 8058 awarding the sale of the bond to Cronin & Marcotte Inc. Alderman Carls seconded the motion, and it carried unanimously. It was moved by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8059. Motion unanimously carried. Alderman Torgerson made the motion to waive reading and adopt Reso- lution No. 8060. The motion was seconded by Alderman Carls and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8061. Motion car- ried unanimously. (g) CONSIDERATION OF FLOODING IN AREA OF FIFTH AVENUE SOUTHWEST AND GROVE STREET SOUTH (DEFERRED APRIL 9, 1985) Director of Engineering Marlow Priebe presented a report on the flooding problem. A follow-up report will be given at the next Council meeting regarding a proposed improvement for the area. (h) CONSIDERATION OF AWARDING CONTRACT FOR LETTING NO. 6 (DEFERRED JANUARY 7, 1985) It was moved by Alderman Mikulecky to approve and award the con- tract to Juul Contracting Company in the amount of $255,066.95, and to waive reading and adopt Resolution No. 8053. Alderman Torgerson seconded the motion, and it unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF COMMERCIAL AND RESIDENTIAL REFUSE RATES FOR JUNKER SANITATION 5 CITY COUNCIL MINUTES - JUNE 11, 1985 Joanne Keilen, manager of Hardee's, presented a complaint regarding the refuse rate at the Hutchinson store. Wayne Kenning reported that a storage building was damaged by Junk- er's hauler during a pickup at a dumpster next to it. Also, on March 4 Junker skipped pickup for the day and resumed service the next week; however, no adjustment was made for one week without service. After discussion, Alderman Torgerson moved to reject the rate in- crease requested by Junker Sanitation. Alderman Mikulecky seconded the motion, and it unanimously carried. (b) CONSIDERATION OF ACCEPTING SETTLEMENT FROM AMERICAN FAMILY INSURANCE GROUP Following discussion, the motion was made by Alderman Torgerson to reject the offer of settlement from American Family Insurance. Mo- tion seconded by Alderman Mikulecky and carried unanimously. (c) CONSIDERATION OF SALE PROPOSAL FOR SCHIMMEL PROPERTY OR AN EASEMENT City Administrator Plotz explained the Schimmel property was not required for the new wastewater treatment plant site. Realtor Al Battig, representing the Schimmel family, reported the land would become landlocked; therefore, they requested an easement from the City to make the property accessible. After discussion, it was the consensus of the Council that the Schimmels could use city property to reach their property in the rear. Also, the city would enter into a "gentleman's agreement" with the Schimmels that the City Council would be contacted for first option of purchase of land in the future. (d) CONSIDERATION OF RIVER BANK IMPROVEMENT After discussion, Alderman Carls moved to remove the fence on the river bank at the old bath house location near the dam and for a river bank improvement plan to be prepared for approval. Alderman Torgerson seconded the motion and unanimously carried. (e) CONSIDERATION OF FIRE HYDRANT RELOCATION The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve relocation of the fire hydrant on private prop- erty north of 218 Main Street North. Motion carried unanimously. (f) CONSIDERATION OF CITY FUNDING FOR T.H. 15 SOUTH, T.H./22 AND 7 WEST, AND T.H. 7 EAST Following a report by the City Engineer, the motion was made by CITY COUNCIL MINUTES - JUNE 11, 1985 Alderman Carls to thank the Engineer for his report. Motion sec- onded by Alderman Torgerson and unanimously carried. (g) CONSIDERATION OF TWO-WAY ALLEY BETWEEN SECOND AVENUE AND THIRD AVENUE ON EAST SIDE OF MAIN STREET After discussion, it was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to make a two-way alley on the east side of Main Street between Second Avenue and Fourth Avenue. Motion car- ried unanimously. (h) CONSIDERATION OF REQUEST TO PLACE BARRICADES ON CITY SIDEWALKS DURING EXCAVATION FOR NEW FIRST STATE FEDERAL BUILDING Alderman Torgerson moved to approve the request. Motion seconded by Alderman Carls and unanimously carried. (i) CONSIDERATION OF RENEWING CONTRACT WITH D. A. TANGE COMPANY Following a report by Dwight Tange, the motion was made by Alderman Torgerson to approve renewing the contract with D. A. Tange and to have it approved by the other entities involved. Alderman Miku- lecky seconded the motion, and it carried unanimously. (j) CONSIDERATION OF ONE YEAR CONTRACT WITH D. A. TANGE COMPANY FOR ONGOING RISK MANAGEMENT SERVICES It was moved by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize Insurance Planners to negotiate on behalf of the City of Hutchinson and for the City to issue an agent of record letter. Motion seconded by Alderman Carls and unanimously carried. (k) CONSIDERATION OF ENGINEER'S REPORT FOR IMPROVEMENT PROJECT NO. 86-01 Following a report by the City Engineer, Alderman Torgerson moved to approve the engineer's report, to set a public hearing for July 9, 1985 at 8:00 P.M., and to waive reading and adopt Resolution No. 8050. Alderman Mikulecky seconded the motion, and it carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that sewer, water and storm sewer services for the recreational facility were not included in the specifications and plans. A bid had been received for $15-16,000. The motion was made by Alderman Carls, seconded by Alderman Torger- son, to proceed with the sewer, water and storm sewer to the rec- 7 CITY COUNCIL MINUTES - JUNE 11, 1985 reational building. Motion unanimously carried. It was reported that the Region 6-E had requested to meet with the City Council at a July 2 workshop. The consensus of the Council was to put the discussion on the agenda of a regular Council meet- ing. A letter of complaint was received from three residents on Highway 7 West regarding property that needed the lawn mowed and debris in the yard. City Administrator Plotz stated that the City Hall receptionist, Mary Rose, had resigned. He requested adoption of a Resolution of Appreciation for her. It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8062. Motion unanimously carried. Mention was made that Attorney Bill Haas had recommended the City change appraisers for the airport property appraisals. (b) COMMUNICATIONS FROM CHAMBER OF COMMERCE Mr. Mark Myers requested a transfer of funds from the City to the Hutchinson Community Video Network fund. He reported the organiza- tion had hired a coordinator for the program and would begin full operations with the Water Carnival. The motion was made by Alderman Carls, seconded by Alderman Torger- son, to transfer the accrued public access coordinator fund to the account of the Hutchinson Community Video Network. Motion carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson requested that the dead fish be removed from the area of the dam and that the garbage can be emptied. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about a banner for the school referen- dun vote. He also asked about the money designated for the airport dedication brochure. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the claims and authorize payment from the appro- priate funds. Motion carried unanimously. FP CITY COUNCIL MINUTES - JUNE 11, 1985 12. ADJOURNMENT There being no further business, the meeting adjourned at 12;55 A.M. E