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07-23-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 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 In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the regular meeting of July 9, 1985 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1985 2. BUILDING OFFICIAL'S REPORT - JUNE 1985 3. PLANNING COMMISSION MINUTES DATED JUNE 18, 1985 4. TREE BOARD MINUTES DATED MAY 1, 1985 5. PARKS & RECREATION BOARD MINUTES DATED JUNE 12, 1985 6. HOSPITAL BOARD MINUTES DATED JUNE 18, 1985 Mayor Stearns ordered the minutes to be filed. 5. PUBLIC HEARING - 8:00 P.M. (a) ARTHUR J. BENJAMIN PARKING ASSESSMENT (NEMITZ PAINT STORE) The public hearing was called to order by Mayor Stearns. Arthur Benjamin, Jr. and Attorney Ronald McGraw presented a petition opposing the corrected parking assessment for the Nemitz building. It was pointed out by legal counsel that the Benjamins had paid an assess- ment to the City two years ago, and there was a misunderstanding be- tween the two parties regarding the use of the property. The Benja- mins would take whatever steps were necessary if the City pursued the parking assessment. The property owner had no objection to the area being blacktoped and used by the City, but he wanted to be able to re- claim ownership when a different use arose in the future. 1 CITY COUNCIL MINUTES - JULY 23, 1985 City Attorney Schaefer stated it would require total assessment of property value if the City did not obtain an easement from the Benja- mins. The proposed agreement was reviewed. Attorney McGraw offered an acceptable agreement of one-half the assess- ment and use of the Benjamin property, with no guarantee to the City. It was moved by Alderman Mlinar to close the hearing at 8:15 P.M. Mo- tion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson to approve the parking assessment and to order preparation of a Resolution to correct the Benjamin parking assessment. The motion carried four to one, with Alderman Mikulecky voting nay. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY The City Attorney reported there had been some progress in cleaning up the property, but he planned to ask for a court date to be set up. Alderman Torgerson moved to set a court hearing for August 6, 1985 for the Klockmann property. Motion seconded by Alderman Mikulecky and unanimously carried. 2. GUTORMSON PROPERTY It was reported the building in question would be removed in the near future. 3. CAMEO CLEANERS SIGN Attorney Schaefer stated the letters had been removed from the sign, and it is no longer in violation of the City's sign ordinance. 4. STORM SHELTER RULES AND REGULATIONS A solution was reached on this issue. 5. 616 HARMONY LANE - MARTIN PRIEVE The property was reviewed today, and most of the material had been re- moved from the property owner's yard. It will not be pursued further. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8074 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8074 to purchase a motor and water meters. The motion was seconded by 2 CITY COUNCIL MINUTES - JULY 23, 1985 Alderman Mlinar and carried unanimously. (b) RESOLUTION NO. 8080 - RESOLUTION ENTERING INTO CONTRACT WITH MN/DOT TO CONTINUE PUBLIC TRANSPORTATION IN HUTCHINSON FOR 1986 The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8080. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF COMPLAINT CONCERNING STRAY CATS (DEFERRED JUNE 25, 1985) It was moved by Alderman Torgerson to waive the first reading of Ordi- nance No. 12/85 and set second reading for August 13, 1985. Motion seconded by Alderman Carls and carried unanimously. (b) CONSIDERATION OF HEATING SYSTEM PROBLEM IN FIRE STATION (DEFERRED FEBRUARY 261, 1985) City Administrator Plotz reported that RCM had given a verbal report by telephone, but nothing had been received from Korngiebel Architecture. Alderman Torgerson moved to table the item until the next Council meet- ing. Alderman Mlinar seconded the motion, and it unanimously carried. (c) CONSIDERATION OF VARIANCE AS SUBMITTED BY ERICKSON OIL COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED NOVEMBER 27, 1984) It was reported that the problem with the driveway right-of-way had been resolved, and the variance could be acted upon at this time. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the variance to Erickson Oil Company and to waive reading and adopt Resolution No. 8075. Motion carried unanimously. (d) CONSIDERATION OF HASSAN STREET BETWEEN FOURTH AND FIFTH AVENUES (PROJECT 86-01) Following a report by the Director of Engineering, Alderman Mlinar moved to approve project 86-01 for Hassan Street between Fourth and Fifth Avenues, to order preparation of the plans and specifications, and to waive reading and adopt Resolution No. 8086. The motion was seconded by Alderman Carls and unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 85-01-39, LETTING NO. 12 It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to approve awarding the contract to the lowest bidder, Bethke Construc- tion, in the amount of $92,170.70 and to waive reading and adopt Reso- lution No. 8082. Motion carried unanimously. 3 CITY COUNCIL MINUTES - JULY 23, 1985 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson to authorize discontinua- tion of service on July 29 at noon unless other arrangements had been made. Alderman Carls seconded the motion, and it unanimously carried. (b) CONSIDERATION OF BASEBALL FIELD RENOVATION AT TARTAN PARK Lyle Block, Chairman of the Parks and Recreation Board, presented a recommendation to renovate the Tartan Park baseball field. Following discussion of the additional $2,500 funding needed to complete the project, the motion was made by Alderman Carls to approve the project contingent upon the necessary funds being taken from the existing 1985 Parks and Recreation budget. Alderman Torgerson seconded the motion, and it carried unanimously. (c) CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR BIDS TO SURFACE ROBERTS PARK PARKING LOT Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve advertising for bids to surface the parking lot at Roberts Park. Motion unanimously carried. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST SUBMITTED BY GLEN & ROXANN SLADEK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8076. Motion seconded by Ald- erman Carls and carried unanimously. (e) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY GLEN & ROXANN SLADEK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was moved by Alderman Mlinar, seconded by Alderman Carls, to ap- prove the variance and to waive reading and adopt Resolution No. 8077. Motion unanimously carried. (f) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY ERICKSON OIL PRODUCTS, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY The motion was made by Alderman Torgerson to approve the variance and to waive reading and adopt Resolution No. 8078. Alderman Carls sec- onded the motion, and it carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST SUBMITTED BY HUTCH AGRI-TECH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY 4 CITY COUNCIL MINUTES - JULY 23, 1985 Alderman Torgerson moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8079, contingent upon DNR ap- proval. The motion was seconded by Alderman Mikulecky and unanimous- ly carried. (h) CONSIDERATION OF ANNEXATION OF BOLDT, KADELBACH, SATTERLEE AND SCHIM MEL PROPERTIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson to approve the annexations and to waive reading and adopt Resolution No. 8085. Motion seconded by Alderman Mlinar. Mr. and Mrs. Schimmel presented a petition opposing annexation of their property and requested it remain agricultural. Alderman Torgerson amended his motion to eliminate the Schimmel prop- erty from the annexation. Alderman Mlinar seconded the amended motion and it carried unanimously. The main motion unanimously carried. Mr. Schimmel requested a written agreement from the City that he would have access to his property across City -owned property. (i) CONSIDERATION OF ERROR ON "PENDING ASSESSMENT" FOR OVER -LAY STREET PROJECT City Administrator Plotz explained that two assessment searches were done on Lot 16, Hanson's Addition. The first search was correct, but the second search deleted a pending assessment. Following discussion, the motion was made by Alderman Carls to drop the assessment for the 1985 street overlay project from the property in question. Motion seconded by Alderman Mlinar and unanimously carried. (j) CONSIDERATION OF CONTINUANCE OF CITY'S GENERAL PLAN TO CONSTRUCT AND/OR UPGRADE BURLINGTON NORTHERN RAILROAD LINE WITHIN CITY LIMITS AND RETAIN RIGHT-OF-WAY OWNERSHIP City Administrator Plotz reported on the status of the railroad. It was his recommendation to postpone adopting the Resolution until the dollar amount had been obtained. Alderman Carls moved to defer action until the proper information is available. Motion seconded by Alderman Mlinar and carried unanimously. RECESS: The City Council adjourned at 9:00 P.M. for a recess and reconvened at 9:15 P.M. (k) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION 5 CITY COUNCIL MINUTES - JULY 23, 1985 It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the application and issue the gambling license. Motion car- ried unanimously. (1) CONSIDERATION OF AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING STATE AID FOR AIRPORT MAINTENANCE AND OPERATION Following discussion, the motion was made by Alderman Mikulecky to approve entering into a contract with MN/DOT and to waive reading and adopt Resolution No. 8081. Alderman Torgerson seconded the motion, and it unanimously carried. (m) CONSIDERATION OF SALE OF 1962 FORD RESCUE PERSONAL CARRIER Alderman Carls moved to approve the sale of the 1962 Ford carrier and to award the bid to the Hector Fire Department for $2,500. The mo- tion was seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF ENGINEER'S REPORT FOR IMPROVEMENT PROJECT NO. 86-02 After discussion, it was moved by Alderman Mlinar, seconded by Alder- man Torgerson, to approve the engineer's report and set a public hear- ing for August 27, 1985 at 8:00 P.M. and to waive reading and adopt Resolution No. 8083. Motion unanimously carried. (o) CONSIDERATION OF APPLICATION BY HUTCHINSON JAYCEES FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR SOFTBALL TOURNAMENT JULY 27- 28, 1985 The motion was made by Alderman Torgerson to approve the application and issue the malt liquor license. Alderman Mikulecky seconded the motion, and it carried unanimously. (p) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE FOR ST. ANASTASIA PARISH It was moved by Alderman Mlinar, seconded by Alderman Carls, to approve the application and to issue the gambling license. Motion unanimously carried. (q) CONSIDERATION OF APPLICATION FOR BINGO LICENSE FOR ST. ANASTASIA PARISH Alderman Mlinar moved to approve the application and to issue the bingo license. Motion seconded by Alderman Carls and carried unanimously. (r) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA PARISH'S FALL FESTIVAL The motion was made by Alderman Carls to approve the application and issue the malt liquor license. Alderman Mlinar seconded the motion, and it unanimously carried. 6 CITY COUNCIL MINUTES - JULY 23, 1985 (s) CONSIDERATION OF APPLICATION FOR INTOXICATING LIQUOR LICENSE BY DURWOOD AIRHART FOR D. J. MAC'S, INC. (FORMERLY LEBISTRO) Following discussion, the motion was made by Alderman Torgerson to set the public hearing for August 13, 1985 at 8:00 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the painting of a car previously used by the police department. Attention was directed to the memorandum regarding calcium chloride on Hassan Street. Also, an estimated price was given for putting oil on Hassan Street. Alderman Mikulecky moved to seal coat one-half of the area affecting Hassan Street (First Avenue S.E. to Fourth Avenue S.E.) with the money to come out of the bonding fund where available. Mo- tion seconded by Alderman Torgerson. After discussion, Alderman Tor- gerson amended the motion to do one block between Washington Avenue East and First Avenue S.E. The amended motion was seconded by Alder- man Carls and carried unanimously. The main motion unanimously car- ried. Mention was made that the auditing firm would be coming out soon to re- view the City's 1984 audit. It was the consensus of the Council to meet at 5:00 P.M. on August 6, 1985 in the Fire Station conference room. (b) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the pending lawsuit between Robert Schwanke and Junker Sanitation. He suggested the Council consider adopting a Resolution that would require refuse to be placed outside the garage to prevent this situation from happening again. (c) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns reported that Jim Junker would be meeting with the City Council sometime in September. The suggestion was made that all City boards and commissions have a limited term to enable a turn -over of members on the boards/commissions. This change would require an amendment to the ordinance. (d) COMMUNICATIONS FROM CITY ATTORNEY JAMES SCHAEFER City Attorney Schaefer reported he had talked to several codifiers, and it was his suggestion that they meet with the Council on August 6. 7 CITY COUNCIL MINUTES - JULY 23, 1985 It was reported that Mr. Schaefer would be prepared to discuss the Char- ter Commission issue at the August 6 meeting. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING MARLOW V. PRIEBE Engineer Priebe stated he had received a complaint concerning weeds. It was his recommendation to spray the weeds and disc the property at the proposed wastewater plant site. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to authorize the Director of Engineering to take care of the weed prob- lem on the recently purchased property. Motion unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, 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 9:40 P.M.