Loading...
09-10-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 10, 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 Pat Mikulecky, Alderman Marlin Torgerson, 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 Tom Johnson. 3. MINUTES The minutes of the regular meeting of August 27, 1985 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - AUGUST 1985 2. LIBRARY BOARD MINUTES DATED AUGUST 26, 1985 Mayor Stearns ordered the minutes to be filed. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 86-02 (CONTINUED FROM AUGUST 27, 1985) Mayor Stearns called the continued hearing to order at 8:00 P.M. Alderman Mikulecky inquired who had requested the 900 foot improvement on McDonald Drive. The City Engineer stated no one had requested it; the project was a routine improvement in the order of sequence. Alan Deleeuw, 545 Jackson Street, reported he was the spokesman for the group, and it was the consensus that they were under no obligation to pay for project No. 86-02, or any future projects, except for the street they live on. This decision was based on: 1) the subdivision agreements were not recorded and available to the property owners; 2) the subdivision agreements were still not recorded; and 3) precedent had been established in a similar situation with Hilltop Addition. Mayor Stearns asked if the developer of McDonald's Fifth and Sixth Addition had been contacted regarding his moral and legal obligation to inform the property purchasers of the existence of the subdivision agreements. CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 John Gi11ard, 555 Jackson Street, inquired if the City Attorney would interpret paragraph one of the subdivision agreement for McDonald's Sixth Addition. He felt the wording was ambiguous. Dave Dressel, 540 Lakeview Lane, asked how the assessment was done on Jackson Street and Lakeview Lane. City Engineer Priebe explained the method that was used to determine the assessments. Richard Martin, 1235 McDonald Drive, stated he owned Lot 2, Block 1 on McDonald Drive. He asked if there would be another hearing and asses- ment for Jackson Street. The motion was made by Alderman Torgerson to close the hearing at 8:43 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. After lengthy discussion, Alderman Torgerson moved to approve project No. 86-02 and order preparation of the plans and specifications, to waive reading and adopt Resolution No. 8108, and to direct the City En- gineer to draft a resolution clarifying the assessments for properties in McDonald's Fifth and Sixth Addition. Motion seconded by Alderman Mlinar and carried unanimously. (b) ASSESSMENT ROLL NO. 206 - PROJECT NO. 83-01-04, LETTING NO. 1 (WALLER'S SECOND ADDITION) Mayor Stearns called the hearing to order at 8:55 P.M. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to close the hearing at 8:56 P.M. Motion unanimously carried. Alderman Torgerson moved to approve activating deferred assessment roll No. 206 and to waive reading and adopt Resolution No. 8111. Motion seconded by Alderman Mikulecky and carried unanimously. (c) ASSESSMENT ROLL NO. 24A - PROJECT NO. 14-2 (ORCHARD PARK FIRST ADDITION - 1964) Mayor Stearns called the hearing to order at 8:56 P.M. Alderman Mlinar moved to close the hearing at 8:57 P.M. Motion sec- onded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve activating deferred assessment roll No. 24A and to waive read- ing and adopt Resolution No. 8112. Motion carried unanimously. (d) ASSESSMENT ROLL NO. 207 - 1984 PROJECT (CARLISLE STREET) Mayor Stearns called the hearing to order at 8:57 P.M. E CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 Alderman Carls moved to close the hearing at 8:58 P.M. Motion seconded by Alderman Torgerson and unanimously carried. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to approve assessment roll No. 207 and to waive reading and adopt Reso- lution No. 8113. Motion carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY 2. GUTORMSON PROPERTY City Attorney Schaefer reported a petition was submitted to the Court that Mr. Klockmann's charge be changed from demeanor to petty misde- meanor. It was determined that the entire building would be demolished on the Gutormson property, and the City Attorney will submit a letter of that intent. Bids for demolition of the building will be obtained. (b) CONSIDERATION OF REQUEST FOR POLICE CHIEF TO ATTEND MINNESOTA POLICE CHIEFS FALL CONFERENCE SEPTEMBER 26-27 The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the request. Motion unanimously carried. (c) CONSIDERATION OF REQUEST REGARDING HASSAN STREET FOR ARTS AND CRAFTS FESTIVAL After discussion, Alderman Torgerson moved to close Hassan Street from Washington Avenue East to First Street on September 20-21, 1985. Mo- tion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF REQUEST BY PAM WOODS TO HOLD SIDEWALK SALE SEPTEMBER 20-21, 1985 Following discussion, it was moved by Alderman Torgerson, seconded by Alderman Carls, to reject the request. Motion unanimously carried. (e) UPDATE REPORT ON RECREATIONAL FACILITY City Administrator Plotz reported there were three items in conjunc- tion with the recreational facility that needed to be addressed, name- ly: 1) the exterior siding on the building, 2) the peaks on the north and south end of the building, and 3) the interior insulation. Barry Anderson, building committee chairman, stated that the peaks were part of the original design and were approved by the committee. The insulation was reviewed by the committee, and they felt it was not a 3 CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 problem. The indentations in the exterior siding was first noticed last week. Architect John Korngiebel, contractor E. J. Pinske, and John Wade, the metal company representative, were all present to explain to the Coun- cil the reason for the "pillowing" effect of the metal panels on the building. After extensive discussion, Alderman Carls moved to direct the build- ing committee to review the pillowing on the siding. Alderman Mlinar seconded the motion, and it carried unanimously. Administrator Plotz reported the contractor had requested payment of $295,450 for completed work on the recreational building, including the siding in question. Following discussion, Alderman Torgerson moved to pay the invoice from E. J. Pinske for $295,450, based on the recommen- dation of the City Attorney. Motion seconded by Alderman Mlinar and unanimously carried. RECESS: The City Council adjourned at 9:50 P.M. for a 10 -minute recess. (f) REPORT ON STATUS OF RAILROAD LINE Mayor Stearns dismissed himself from chairing the meeting due to a con- flict of interest and turned the Chair over to Vice -Mayor Carls. It was reported that Jerry Ross had purchased from Burlington Northern the 44 -mile railroad line between Hutchinson and Wayzata. Discussion was given to the City pursuing the construction of a connector track to the Farmers Elevator. Following lengthy discussion, Alderman Torgerson moved to authorize the City Engineer to prepare plans and specifications for the grading of track through the industrial park and Farmers Elevator and grading for a spur line through the elevator property, to advertise for bids for October 8, 1985, and to waive reading and adopt Resolution No. 8117. Motion seconded by Alderman Mlinar and carried unanimously. Mayor Stearns resumed the Chair. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 13/85 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED PROPERTY OWNED BY AND ABUTTING UPON THE LIMITS OF THE CITY Alderman Carls moved to waive second reading and adopt Ordinance No. 721. The motion was seconded by Alderman Mikulecky and unanimously carried. (b) ORDINANCE NO. 14/85 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN HELLAND'S THIRD ADDITION 4 CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 It was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to waive the second reading and adopt Ordinance No. 722. Motion carried unanimously. (c) ORDINANCE NO. 15/85 - AN ORDINANCE TO VACATE STREET RIGHT-OF-WAY The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive second reading and adopt Ordinance No. 723. Motion unani- mously carried. (d) RESOLUTION NO. 8114 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8114. The motion was seconded by Alderman Torgerson and carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST TO RESTORE DRAIN SERVICE TO MAPLEWOOD ACADEMY (DEFERRED AUGUST 13, 1985) Following a report by Director of Engineering Priebe, it was moved by Alderman Carls to defer this item to the next Council meeting and, if necessary, to notify residents on Ninth Avenue from Highway 15 North to Elm Street that the resurfacing project might not occur in 1985 due to a storm sewer problem in the area. Alderman Mlinar seconded the mo- tion, and it unanimously carried. (b) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION FURNACE WARRANTY Fire Chief Orlin Henke reported he had met with the architect regard- ing the furance warranty. Also, there were problems with the relay and noisy exhaust fans. Architect John Korngiebel stated a carrier representative would be out to review the furnace, and the utilities would also look at it. (c) CONSIDERATION OF ENGINEER'S REPORT FOR IMPROVEMENT PROJECT NO. 86-04, STORM SEWER STUDY, FOR COUNTY DITCH 18 City Engineer Priebe reported the county ditch 18 project would be handled in accordance with the 429 procedure. After discussion, Ald- erman Torgerson moved to approve the engineer's report, to set a pub- lic hearing for October 8, 1985 at 8:00 P.M., and to waive reading and adopt Resolutions No. 8109, No. 8110 and No. 8098. Motion seconded by Alderman Mikulecky and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF SEALING FLOOR AND PAINTING OVERHEAD DOORS AT FIRE STATION 61 CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 After discussion, it was moved by Alderman Carls, seconded by Alder- man Mlinar, to approve the sealing and painting. Motion unanimously carried. (b) CONSIDERATION OF SHADY HAVEN SUBDIVISION AGREEMENT Following discussion, the motion was made by Alderman Mlinar to approve and authorize signing the subdivision agreement for Shady Haven. Mo- tion seconded by Alderman Mikulecky and carried unanimously. (c) CONSIDERATION OF PARKING SPACES FOR LIBRARY PATRONS After discussion, Alderman Mlinar moved to approve the requested park- ing spaces at the library entrance, with one space marked for handi- capped parking. Alderman Mikulecky seconded the motion, and it car- ried unanimously. (d) CONSIDERATION OF SETTING PUBLIC HEARING ON 1986 CITY BUDGET FOR SEPTEMBER 24, 1985 AT 8:00 P.M. It was moved by Alderman Carls, seconded by Alderman Mlinar, to set a 1986 city budget hearing for September 24, 1985 at 8:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF INSTALLING HANDRAIL ALONG SIDEWALK ON NORTH SIDE OF THIRD AVENUE FROM PARK TOWERS PROPERTY TO FRANKLIN STREET Following discussion, the motion was made by Alderman Carls to direct the City Engineer to prepare a report of the estimated cost for the handrail and for the City Administrator to recommend a method of fund- ing the project. Alderman Mlinar seconded the motion, and it carried unanimously. (f) CONSIDERATION OF AUTHORIZATION TO ADVERTISE FOR BIDS FOR FLOORING AND EQUIPMENT AT RECREATIONAL FACILITY After discussion, Alderman Mikulecky moved to approve advertising for bids on October 7, 1985 at 10:00 A.M. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF ABANDONING OLD WELL ON CITY PROPERTY AT 103 ERIE STREET AND PROVIDING CITY WATER TO PROPERTY Following discussion, it was moved by Alderman Carl s, seconded by Ald- erman Torgerson, to approve abandonment of old well. Motion carried unanimously. Alderman Mlinar moved to order City Engineer's report for watermain project No. 85-01-40 and to waive reading and adopt Resolution No. 8115. Motion seconded by Alderman Mikulecky and unanimously carried. N CITY COUNCIL MINUTES - SEPTEMBER 10, 1985 The motion was made by Alderman Mikulecky, seconded by Alderman Tor- gerson, to approve the report, to set a public hearing for October 8, 1985 at 8:00 P.M., and to waive reading and adopt Resolution No. 8116. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported a request had been received for Mar- vin Haugen to attend a conference September 18-20. The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve the re- quest. Motion unanimously carried. Mr. Plotz submitted a request from Fire Marshal George Field for per- mission to use sick leave as well as vacation time during the duration of his wife's hospitalization. After discussion, it was moved by Ald- erman Torgerson to grant George Field the time requested, with the pos- sible use of sick leave. Motion seconded by Alderman Carls and car- ried unanimously. Administrator Plotz stated there would be a meeting September 11 at Hutchinson Technology regarding the treatment plant metals. A repre- sentative from Donohue would be present at the meeting. It was pointed out that the overlay project assessment notices stated payment could be made before October 1 without an interest charge. In the event the project was not completed by that date, it would be placed on the October agenda for Council consideration. Mention was made that the regional meeting of the League of Minnesota Cities would be held on September 17 in Winthrop. Mr. Plotz reported that Dwight Tange was given an October deadline for a self-insurance proposal. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING MARLOW PRIEBE City Engineer Priebe reported the contractor had started the overlay project today. 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 appropriate 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 11:50 P.M. 7