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08-13-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 13, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin 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 Gary Galchutt. 3. MINUTES The minutes of the regular meeting of July 23, 1985, bid opening of August 2, 1985, and special meeting of August 6, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1985 2. LIBRARY BOARD MINUTES DATED JULY 30, 1985 3. NURSING HOME BOARD MINUTES DATED JUNE 27, 1985 Mayor Stearns ordered the minutes to be filed. (b) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE: 1. MIRIAM CHAPTER #27 - EASTERN STAR AT MCLEOD COUNTY FAIR 2. ERICKSON'S OIL PRODUCTS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the applications and issue licenses. Motion unanimously car- ried. (c) CONSIDERATION OF APPLICATION FOR RETAIL "OFF SALE" NON -INTOXICATING MALT LIQUORS LICENSE FOR ERICKSON'S OIL PRODUCTS Alderman Mikulecky moved to approve the application and issue license. The motion was seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUORS LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to approve the application and issue license. Motion unanimously carried. 1 �, CITY COUNCIL MINUTES - AUGUST 13, 1985 (e) CONSIDERATION OF APPOINTMENT: 1. HRA - DON KRASEN (5 -YEAR TERM) 2. PARKS & RECREATION BOARD - BETSY CONNELLY (UNEXPIRED 1 -YEAR TERM) - G. BARRY ANDERSON (3 -YEAR TERM) - ROY JOHNSEN (3 -YEAR TERM) Alderman Torgerson moved to ratify the appointments. Motion seconded by Alderman Carls and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) "ON SALE" INTOXICATING LIQUOR LICENSE FOR DURWOOD L. AIRHART AT D.J. MAC'S, INC. Following discussion, the motion was made by Alderman Mlinar to close the hearing at 8:02 P.M. Alderman Mikulecky seconded the motion, and it unanimously carried. Alderman Mlinar moved to approve and issue a liquor license to Durwood Airhart. The motion was seconded by Alderman Torgerson and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY City Attorney Schaefer reported a complaint had been signed against the Klockmann property and a court appearance will be scheduled. 2. GUTORMSON PROPERTY It was suggested by the City Attorney that the City obtain several bids to remove the building from private property and certify the cost to taxes. Alderman Mlinar moved to request three quotes be obtained by the City Attorney or City Administrator for removal of the building. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF REQUEST FOR SERGEANTS KIRCHOFF AND GREGOR TO ATTEND CRIMINAL JUSTICE SEMINAR AUGUST 26-28, 1985 The motion was made by Alderman Mlinar, seconded by Alderman Torger- son, to approve the request. Motion carried unanimously. (c) CONSIDERATION OF REQUEST TO RESTORE DRAIN SERVICE TO MAPLEWOOD ACADEMY E CITY COUNCIL MINUTES - AUGUST 13, 1985 City Engineer Priebe reported he had discussed the issue with the par- ties involved. After discussion, Alderman Carls moved to refer the request to the City Engineer for investigation and a report on the causes. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND CASH MANAGEMENT COURSE SEPTEMBER 4-5, 1985 Alderman Mikulecky moved to approve the request. Motion seconded by Alderman Torgerson and carried unanimously. (e) COMMUNICATION FROM ALDERMAN PAT MIKULECKY CONCERNING CITY CHARTER Alderman Mikulecky referred to his memorandum concerning the City Charter. No action taken. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 12185 - ORDINANCE AMENDING SECTION 1010 OF THE ORDINANCES OF THE CITY OF HUTCHINSON ENTITLED "ANIMALS AND BIRDS RUNNING AT LARGE" It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive the second reading and adopt Ordinance No. 720. Motion carried unan- imously. (b) RESOLUTION NO. 8087 - RESOLUTION FOR PURCHASE It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8087. Motion unanimously car- ried. (c) RESOLUTION NO. 8088 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA The motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 8088. Alderman Mlinar seconded the motion, and it car- ried unanimously. (d) RESOLUTION NO. 8098 - RESOLUTION OF THE MCLEOD COUNTY BOARD AND THE HUTCHINSON CITY COUNCIL CONCERNING COUNTY DITCH 18 Following discussion, Alderman Torgerson moved to table action until the August 27 Council meeting. Motion seconded by Alderman Carls and unanimously carried. 8. UNFINISHED BUSINESS (a) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION HEATING SYSTEM (DEFERRED JULY 23, 1985) 3 CITY COUNCIL MINUTES - AUGUST 13, 1985 Architect Korngiebel reported a back draft damper was incorrectly in- stalled and was causing the problem with the heating system in the fire station. RCM claimed the error was noticed in 1983, but it was not corrected at that time. The RCM firm will rewire the system within the next month, but they did not assume responsibility for the damage to the furnace. The warranty on the furnace is being investigated. (b) CONSIDERATION OF AWARDING BID FOR GVW TRUCK (DEFERRED AUGUST 2, 1985) After lengthy discussion on the specifications and awarding of bid for the GVW truck, it was moved by Alderman Carls to approve and award bid upon the recommendation of City staff for the Ford truck from Plowman's for the amount of $39,724.80. The motion failed for lack of a second. Following further discussion, the motion was made by Alderman Mlinar to approve the Plowman bid of $39,724.80 on a Ford truck. Alderman Miku- lecky seconded the motion, and it unanimously carried. Maintenance Operations Director Neumann requested authorization to sell a 1968 Chevy dump truck at the school district auction on August 14 for a minimum bid of $300-500. It was the consensus of the Council to ap- prove the sale of the truck. (c) CONSIDERATION OF SIDEWALK REPLACEMENT ON EAST AND WEST PISHNEY LANE City Engineer Priebe reported the original sidewalk in this area was installed by the developer, and it was located on private property due to the narrow street right-of-way. Four alternatives for sidewalk replacement were presented to the residents present at the meeting. After discussion, Alderman Torgerson moved to accept alternative No. 2 for sidewalk replacement in Meadow Park Addition. The motion was sec- onded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO. 8, PROJECT NO. 85-01-33 AND NO. 85-01-35 The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve awarding the contract to Juu1 Contracting in the amount of $25,428.45 and to waive reading and adopt Resolution No. 8091. Motion unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR SURFACING OF ROBERTS PARK (DEFERRED AUGUST 12, 1985) It was moved by Alderman Carls to approve awarding the contract to Atkinson Blacktop for $23,680. Motion seconded by Alderman Mlinar and carried unanimously. 9. NEW BUSINESS 4 CITY COUNCIL MINUTES - AUGUST 13, 1985 (a) CONSIDERATION OF SPLITTING EMPLOYEE BENEFITS FOR SEPTEMBER DAVIDSON AS REQUESTED BY HRA HRA Chairman Paul Ackland requested the City to consider a 50/50 split of employee benefits for September Davidson who would be employed 20 hours by the Senior Center and 20 hours by HRA. Following extensive discussion, it was moved by Alderman Mlinar to approve the recommen- dation of HRA for employment of September Davidson until January 1, 1986 and reevaluate the situation at that time. Alderman Torgerson seconded the motion. The motion failed three to two with Aldermen Carls, Torgerson and Mikulecky voting nay and Alderman Mlinar and Mayor Stearns voting aye. (b) CONSIDERATION OF SURFACING BALANCE OF BRETZKE PARKING IOT TO REAR OF 45 LIBRARY SQUARE City Engineer Priebe reported on the project and recommended complet- ing the surfacing. It was moved by Alderman Mlinar to approve the sur- facing. Motion seconded by Alderman Torgerson and unanimously carried. (c) DISCUSSION OF SWIMMING POOL/GYMNASIUM/CIVIC ARENA PARKING LOT SURFACING AS PART OF 1986 IMPROVEMENT PROJECTS City Engineer Priebe stated this project was included with the 429 projects for 1986 under item 9-e. on the agenda. (d) CONSIDERATION OF FIVE YEAR STATE AID PROGRAM Following a report on the program by Engineer Priebe, it was moved by Alderman Carls to approve the program and waive reading and adopt Res- olution No. 8089. Alderman Mlinar seconded the motion, and it carried unanimously. (e) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON IMPROVEMENT FOR ADDITIONAL 1986 PROJECTS After discussion, Alderman Torgerson moved to approve ordering an en- gineer's report and to waive reading and adopt Resolution No. 8090. The motion was seconded by Alderman Mikulecky and unanimously carried. (f) CONSIDERATION OF DEFERRED ASSESSMENT HEARING FOR PROJECT NO. 83-01-04, LETTING NO. 1 (WALLER'S SECOND ADDITION) Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to approve assessment roll No. 206, to set a public hearing for September 10, 1985 at 8:00 P.M., and to waive reading and adopt Resolutions No. 8096 and No. 8097. Motion carried unanimously. (g) CONSIDERATION OF DEFERRED ASSESSMENT HEARING FOR PROJECT NO. 14-2 (ORCHARD PARK FIRST ADDITION - 1964) 5 CITY COUNCIL MINUTES - AUGUST 13, 1985 After discussion, it was moved by Alderman Torgerson, seconded by Ald- erman Mlinar, to approve assessment roll No. 24A, to set a public hearing for September 10, 1985 at 8:00 P.M., and to waive reading and adopt Resolutions No. 8094 and No. 8095. Motion unanimously carried. (h) CONSIDERATION OF ASSESSMENT HEARING FOR 1984 PROJECT - CARLISLE STREET Following discussion, Alderman Carls moved to approve assessment roll No. 207, to set a public hearing for September 10, 1985 at 8:00 P.M., and to waive reading and adopt Resolutions No. 8092 and No. 8093. Mo- tion seconded by Alderman Torgerson and carried unanimously. (i) CONSIDERATION OF CHANGE ORDER NO. 2 FOR RECREATIONAL FACILITY FROM KORNGIEBEL ARCHITECTS Architect John Korngiebel presented Change Order No. 2 for the recrea- tional facility. It was moved by Alderman Mlinar, seconded by Alder- man Torgerson, to approve Change Order No. 2 for the recreational fa- cility. Motion unanimously carried. (j) DISCUSSION OF CITY CHARTER AND APPOINTMENT OF CHARTER COMMISSION After discussion, the motion was made by Alderman Torgerson to instruct the City Attorney to prepare a Resolution asking the Judge of District Court to appoint a Charter Commission. Motion seconded by Alderman Mliinar and carried four to one, with Alderman Mikulecky voting nay. (k) DISCUSSION OF CODIFICATION OF CITY ORDINANCE BOOK Following discussion, Alderman Mlinar moved to table discussion for the budget preparation meetings. Motion seconded by Alderman Mikuecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the following items had been sub- mitted late for the agenda: 1. STREET LIGHT REQUEST BY ROLLING GREENS TOWNHOUSE ASSOCIATION After discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Torgerson, to refer the request to the Utilities Commission. Motion carried unanimously. 2. APPLICATION FOR INTOXICATING LIQUOR LICENSE BY KEVIN LAMSON FOR T.L. SCALAWAGS AND HUTCH BOWL Following discussion, Alderman Mlinar moved to set a public hearing on August 27, 1985 at 8:00 P.M. Alderman Torgerson seconded the 0 CITY COUNCIL MINUTES - AUGUST 13, 1985 motion, and it unanimously carried. 3. REQUEST FOR TRANSIENT MERCHANTS LICENSE ON SEPTEMBER 6-7, 1985 BY DWAYNE KNIGGE After discussion, it was moved by Alderman Carls, seconded by Ald- erman Torgerson, to approve and issue the license. Motion carried unanimously. 4. INDEMNITY AGREEMENT BETWEEN CITY OF HUTCHINSON AND CHRIS KADELBACH City Administrator Plotz explained the purpose of the agreement. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to accept and enter into the agreement. Motion unanimously carried. 5. APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUORS LICENSE FOR JAYCEES It was moved by Alderman Carls to approve and issue the license. The motion was seconded by Alderman Mlinar and unanimously carried. 6. SCHEDULING OF SEPTEMBER CITY COUNCIL WORKSHOP City Administrator Plotz presented suggested topics to be covered at the September Council workshop. It was the consensus of the Council to establish the date of September 11, 1985 at 7:00 P.M., Fire Hall conference room, for the workshop. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired when the street overlay project would be com- pleted. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked about the completion date for the Wigen and Plowman parking lots. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson questioned when the street behind the library would be surfaced. (e) COMMUNICATIONS FROM PERSONNEL COORDINATOR HAZEL SITZ Coordinator Sitz inquired if the City wished to offer free bus service to the McLeod County Fair as in the past. After discussion, it was moved by Alderman Mikulecky to approve free transportation to and from the Fair at specified times. Motion seconded by Alderman Mlinar and carried unanimously. 7 ''CITY COUNCIL MINUTES - AUGUST 13, 1985 (f) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns asked about the status of the Dennis Albertson annexa- tion. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the claims and authorize payment from the approprite funds. The motion carried, with Alderman Mikulecky voting nay on John Bern- hagen's payment. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:40 P.M. 0