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.
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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
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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
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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.
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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
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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-
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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.
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CITY COUNCIL MINUTES - JUNE 11, 1985
12. ADJOURNMENT
There being no further business, the meeting adjourned at 12;55 A.M.
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