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05-28-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 28, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing ol-lowing were present: Alderman Mike Carls, Alderman John Mlinar (arrived at 8:32 P.M.), Alderman 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 In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the special meeting of May 7, 1985, regular meeting of May 14, 1985, joint City Council/County Board meeting of May 20, 1985 and Board of Review of May 22, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT OF APRIL 1985 2. AIRPORT COMMISSION MINUTES DATED APRIL 30, 1985 3. HOSPITAL BOARD MINUTES DATED APRIL 16, 1985 4. PARKS & RECREATION BOARD MINUTES DATED MAY 1, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) RESOLUTION NO. 8049 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Tor- gerson, to waive reading and adopt Resolution No. 8049. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF WINE LICENSE FOR BRUCE SANTELMAN, OWNER OF COUNTRY KITCHEN The public hearing was called to order at 8:00 P.M. by Mayor Stearns. No one was present to object to the issuance of a wine license to Bruce Santelman. Following discussion, the motion was made by Ald- erman Carls to close the hearing at 8:10 P.M. The motion was sec- onded by Alderman Torgerson and unanimously carried. 1 CITY COUNCIL MINUTES MAY 28, 1985 Alderman Torgerson moved to approve and issue a wine license to Bruce Santelman at the established fee of $500. Alderman Carls seconded the motion, and it carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION FOR CRAZY DAY ON JULY 24, 1985 Following discussion, it was moved by Alderman Carls, seconded by Alderman Torgerson, to approve proposal No. 3 concerning no park- ing on Main Street from 6:00 A.M. to 5:00 P.M. on July 24, 1985. Motion unanimously carried. (b) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY Mr. Klockmann had contacted the City Attorney and stated he was physically unable to clean up his property at this time. The City Attorney had requested Mr. Klockmann to submit a letter giving a date when the property would be cleaned up. If not complied with, he will be taken to court in two weeks. 2. GUTORMSON PROPERTY City Attorney Schaefer reported he had informed Tom Gutormson that his rental property was not zoned for keeping all the autos he had on the premises. It was his suggestion that in lieu of court ac- tion, Mr. Gutormson give the City Council an acceptable date when the cars would be either housed or removed to some other location. After discussion, Alderman Torgerson moved that a court date of two weeks from today be set and if the matter was resolved before that time, the action be dropped. The motion was seconded by Alderman Carls and carried unanimously. The City Attorney stated that Mr. Gutormson intended to tear down the old shed and build a new one. The motion was made by Alderman Torgerson that the property owner be notified that there would be a court date set in two weeks if the shed was not torn down prior to that time. Alderman Carls seconded the motion, and it unanimously carried. 3. CAMEO CLEANERS SIGN It was reported this issue had been discussed at the May Planning Commission meeting. The City Attorney had sent Pat Smith a letter informing him to remove the sign. If not complied with, court ac- tion would be in two weeks. 2 CITY COUNCIL MINUTES MAY 28, 1985 4. STORM SHELTER RULES AND REGULATIONS The City Attorney stated he could not find a State Statute regard- ing shelters. However, mobile home parks with over 50 units should have a manager available at all times in case of an emergency and a posted plan for evacuation and/or safe keeping of residents during the time of an emergency. Each mobile home park is required to provide a community building. The Civil Defense Director and City Attorney were planning to meet with the mobile home park owners concerning an emergency plan. (c) CONSIDERATION OF REQUEST FOR ATTENDANCE AT ANNUAL LEAGUE OF MINNESOTA CITIES CONFERENCE JUNE 12-14, 1985 Following discussion, the motion was made by Alderman Mlinar, sec- onded by Alderman Carls, to approve attendance at the conference. Motion unanimously carried. (d) CONSIDERATION OF REQUEST FOR CITY ADMINISTRATOR AND COMMUNITY DEVELOPMENT EXECUTIVE DIRECTOR TO ATTEND COMMUNITY DEVELOPMENT WORKSHOP JUNE 6-7, 1985 After discussion, Alderman Mlinar moved to approve the request. The motion was seconded by Alderman Carls and carried four to one, with Alderman Mikulecky voting nay. (e) CONSIDERATION OF REQUEST BY CITIZENS BANK & TRUST CO. TO PROVIDE HAYRIDES DURING GRAND OPENING JUNE 1, 1985 It was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the request. Motion carried unanimously. (f) UPDATE BY INSURANCE CONSULTANT DWIGHT TANGE ON CITY/UTILITIES/ HOSPITAL/BURNS MANOR INSURANCES Consultant Dwight Tange reported on the anticipated increases for insurance rates. It was his recommendation to wait for a report from Home Insurance before making a decision on insurance cover- age. (g) PRESENTATION BY RUFUS ALEXANDER REGARDING COMMUNICATION FROM HUTCHINSON UTILITIES COMMISSION Manager Rufus Alexander reported the Hutchinson Utilities planned to bury all overhead electric lines in the community. He request- ed the City Council to adopt a Resolution requiring every developer of commercial property to provide plans and specifications to the Hutchinson Utilities Commission before a building permit was issued by the city to allow for placement of underground facilities. 3 CITY COUNCIL MINUTES MAY 28, 1985 Following discussion, it was moved by Alderman Torgerson to approve the request and order the preparation of a Resolution. The motion was seconded by Alderman Mikulecky and unanimously carried. (h) CONSIDERATION OF REQUEST FOR USE OF SIDEWALK DURING OPEN HOUSE OF THE WINDOW SHOP After discussion, Alderman Carls welcomed the new business to town and moved to approve the request. Motion seconded by Alderman Mik- ulecky and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 7/85 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOT 11, BLOCK 3, SELCHOW-JORGENSON SUBDIVISION TO THE CITY OF HUTCHINSON It was moved by Alderman Carls, seconded by Alderman Mikulecky, to waive the second reading and adopt Ordinance No. 715. Motion car- ried unanimously. (b) RESOLUTION NO. 8041 - A RESOLUTION AUTHORIZING DIVISION OF A PIECE OF PROPERTY INTO TWO SEPARATE PARCELS The motion was made by Alderman Mikulecky to waive reading and adopt Resolution No. 8041. Alderman Torgerson seconded the mo- tion, and it unanimously carried. (c) RESOLUTION NO. 8042 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Alderman Mlinar moved to waive reading and adopt Resolution No. 8042. The motion was seconded by Alderman Mikulecky and unani- mously carried. (d) ORDINANCE NO. 8/85 - ORDINANCE ADOPTING 1985 MINNESOTA STATE BUILDING CODE The motion was made by Alderman Carls, seconded by Alderman Miku- lecky, to waive first reading and set second reading of Ordinance No. 8/85 for June 11, 1985. Motion carried unanimously. (e) RESOLUTION NO. 8048 - RESOLUTION FOR FUNDING OF BURLINGTON NORTHERN SPUR LINE IMPROVEMENTS It was moved by Alderman Torgerson to waive reading and adopt Resolution No. 8048. The motion was seconded by Alderman Mlinar and unanimously carried. L9 CITY COUNCIL MINUTES MAY 28, 1985 8. UNFINISHED BUSINESS (a) REPORT BY CITY ADMINISTRATOR ON COST FOR AIRPORT PROPERTY SURVEY City Administrator Plotz reported he had contacted the State of Minnesota and was informed the City of Hutchinson would need an airport property survey of zone A. The estimated cost for the certified survey would be $4,000 to $5,000 by Hansen Thorp Pel li- nen & Olson. Following discussion, Alderman Mikulecky moved to hire Hansen Thorp Pellinen & Olson to survey zone A as described. Motion sec- onded by Alderman Mlinar and 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 14, 1985) Attorney Ronald McGraw suggested that a lease be drawn up instead of an easement for the property along the Nemitz building. He will prepare the proper wording and present it to the Council at a later meeting. (c) CONSIDERATION OF COMPLAINT REGARDING PUBLIC NUISANCE PROPERTY (DEFERRED MAY 14, 1985) The motion was made by Alderman Carls, seconded by Alderman Mlinar, to defer action. Motion carried unanimously. (d) CONSIDERATION OF AUTHORIZATION TO PROCEED ON CITY PARKING LOTS FORMERLY KNOWN AS WIGEN PROPERTY AND PLOWMAN PROPERTY (DEFERRED MAY 14, 1985) Director of Engineering Marlow Priebe presented a report on the two city parking lots. No action was taken and the item was de- ferred to the next Council meeting. (e) CONSIDERATION OF AWARDING BID FOR 1985 TREE STUMP REMOVAL (DEFERRED APRIL 30, 1985) After discussion, Alderman Mikulecky moved to award the bid for 1985 tree stump removal to Crystal Tree Service at $1.35 per di- ameter inch. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS CITY COUNCIL MINUTES MAY 28, 1985 It was moved by Alderman Torgerson, seconded by Alderman Miku- lecky, to authorize discontinuation of service on June 1, 1985, unless other arrangements had been made. Motion carried unani- mously. (b) CONSIDERATION OF FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION PURCHASING 18 FOOT STRIP OF LAND ON PLOWMAN PARKING LOT President Donald A. Glas offered $3,000 from First State Federal Savings & Loan Association to purchase the 18 foot strip of unim- proved land on the Plowman parking lot which would become a part of the parking lot for their new building. Following discussion, it was moved by Alderman Mlinar to postpone action and obtain other options for the next Council meeting. Alderman Carls sec- onded the motion, and it unanimously carried. (c) CONSIDERATION OF ADDITIVE ON SIDING AT LIQUOR STORE After discussion, the motion was made by Alderman Torgerson to ap- prove $500 expenditure for a stain additive on the liquor store siding. Motion seconded by Alderman Mikulecky and carried unani- mously. (d) CONSIDERATION OF PAYMENT FOR DAMAGE TO PART TIME POLICE OFFICER'S VEHICLE Following discussion, Alderman Carls moved to approve payment of $249.11 and to direct the City Attorney to attempt to collect the damages. The motion was seconded by Alderman Torgerson and unani- mously carried. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KEN NORTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY After discussion, it was moved by Alderman Torgerson to approve the conditional use permit and to waive reading and adopt Resolution No. 8047, with contingency. The motion was seconded by Alderman Carls and carried unanimously. (f) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED TO COUNTY BY HERB FILK (HASSAN HEIGHTS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, sec- onded by Alderman Carls, to approve the preliminary plat and to recommend approval to the County. Motion unanimously carried. (g) CONSIDERATION OF SIGN REQUEST SUBMITTED BY JERRY BROWN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION CITY COUNCIL MINUTES MAY 28, 1985 After discussion, it was moved by Alderman Mikulecky to approve the sign request. Alderman Torgeson seconded the motion and carried unanimously. (h) REVIEW OF COMPREHENSIVE PLAN MAP The motion was made by Alderman Mikulecky to defer action to the June 11, 1985 Council meeting. Motion seconded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR BRUCE SANTELMAN, OWNER OF COUNTRY KITCHEN Following discussion, Alderman Carls moved to approve the applica- tion and issue an "on sale" non -intoxicating malt liquor license. Alderman Torgerson seconded the motion and carried unanimously. (j) CONSIDERATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS ON PROJECT N0. 85-01-39 It was moved by Alderman Mlinar, seconded by Alderman Carls, to ap- prove the plans and specifications and open bids for project No. 85-01-39 on June 20, 1985 at 2:00 P.M., and to waive reading and adopt Resolution No. 8043. Motion unanimously carried. (k) CONSIDERATION OF ASSESSMENT HEARING FOR IMPROVEMENT PROJECT NO. 85-01-24 The motion was made by Alderman Torgerson to approve Assessment Roll No. 205 and set a public hearing June 25, 1985 at 8:00 P.M. and to waive readings and adopt Resolutions No. 8044 and No. 8045. The motion was seconded by Alderman Carls and carried unanimously. (1) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON IMPROVEMENT FOR 1986 PROJECTS Alderman Carls made the motion to approve ordering the engineer's report and to waive reading and adopt Resolution No. 8046. Motion seconded by Alderman Mikulecky and unanimously carried. (m) WITHDRAWN FROM AGENDA (n) CONSIDERATION OF AUTHORIZATION TO PURCHASE VAN FOR MOBILE IMAGING SERVICES AT HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mikulecky moved to approve the pur- chase of a van and conversion cost for approximately $14,000. The motion was seconded by Alderman Torgerson and carried unanimously. 7 CITY COUNCIL MINUTES MAY 28, 1985 (o) CONSIDERATION OF REQUEST TO PURCHASE ULTRASOUND MACHINE FOR HUTCHINSON COMMUNITY HOSPITAL After discussion, it was moved by Alderman Carls, seconded by Ald- erman Torgerson, to approve the purchase of an ultrasound machine at an estimated cost of $75,000. Motion unanimously carried. (p) CONSIDERATION OF REQUEST TO PURCHASE HEMATOLOGY CELL COUNTER FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the purchase of a hema- tology cell counter for approximately $37,800. Motion carried unanimously. (q) CONSIDERATION OF RECOMMENDATION FROM HOSPITAL BOARD TO LIQUIDATE PORTION OF HOSPITAL PROPERTY ON EAST FOR CONDOMINIUM DEVELOPMENT A presentation was given on the proposed use of 4.5 acres of the hospital's easternmost property for the Greencastle retirement con- dominium project. Following lengthy discussion, the motion was made by Alderman Tor- gerson to approve the potential sale of 4.5 acres of hospital land. Alderman Carls seconded the motion. Alderman Carls amended the mo- tion to delay action until the next Council meeting. The motion was seconded by Alderman Mlinar. Alderman Torgerson moved to with- draw his motion. Alderman Carls seconded the motion. The motion was made by Alderman Carls to table until the June 11, 1985 Council meeting. Motion seconded by Alderman Mlinar and unanimously car- ried. (r) CONSIDERATION OF SURVEY OF SEWAGE TREATMENT PLANT SITE After discussion, Alderman Torgerson moved that the seller provide the City of Hutchinson with an updated survey prior to the closing date. Motion seconded by Alderman Mikulecky. Alderman Torgerson amended the motion for a June 11, 1985 deadline. The amended mo- tion was seconded by Alderman Mikulecky and carried unanimously. The main motion unanimously carried. After further discussion, Alderman Carls moved to reconsider the item. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Carls that the City of Hutchinson pay the fee for the survey. Alderman Mlinar seconded the motion, and it carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR 9 CITY COUNCIL MINUTES MAY 28, 1985 City Administrator Plotz commented on a complaint regarding a stor- age shed which was damaged when the dumpster next to it was being emptied by Junker Sanitation. It was reported that the committee working on the airport dedica- tion for June 16 wished to print a brochure publicizing the event. Alderman Mikulecky made the recommendation to approve the airport dedication brochure. Motion seconded by Alderman Mlinar and car- ried unanimously. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the debris lying in the trail behind Happy Chef. (c) COMMUNICTIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the city's policy regarding street lights. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky reported he had received telephone calls from neighbors regarding trucks using Harrington Street to work on the new recreation center. The weight of the trucks was tearing up the road. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the claims and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:15 P.M. 0