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10-08-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 8, 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 John H. Longley. 3. MINUTES The minutes of the special meetings of August 26, 1985 and August 27, 1985 and regular meeting of September 24, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1985 2. PARKS & RECREATION BOARD MINUTES DATED AUGUST 7, 1985 AND SEPTEMBER 4, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) CONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY SUE MEYER Alderman Mlinar moved to approve the application and issue the permit. Motion seconded by Alderman Torgerson and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) AMEND DEVELOPMENT DISTRICT PROGRAM AND TAX INCREMENT FINANCING PLAN FOR REVOLVING LOAN FUND Mayor Stearns called the hearing to order at 8:00 P.M. City Administrator Plotz reported the State law required that the School District Board and County Commissioners be contacted regarding the proposed amendment to the development district program and tax in- crement financing plan. He had met with the County officials today, and they took no stand on the amendment. A letter from the Board of Education Chairman was read, which stated the School Board took no position of opposition to tax increment financing for the revolving loan fund. Executive Director John Bernhagen reviewed the proposed revolving loan 1 CITY COUNCIL. MINUTES - OCTOBER 8, 1985 fund and how it would be established. Financial Consultant Bill Fahey explained the schedule of bonded in- debtedness. He compared the City of Hutchinson's fund to several other cities. Following extensive discussion, it was moved by Alderman Torgerson to close the hearing at 8:55 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to approve the amendment and to waive reading and adopt Resolution No. 8134. Motion seconded by Alderman Mlinar. Alderman Mikulecky moved to amend the motion to cover only potential use "A" for fire protection in disrtrict areas 1 and 2 through items 1, 2, 3, 4, and 5. The moti on fai 1 ed for 1 ack of a second. The mai n motion carried four to one, with Alderman Mikulecky voting nay. (b) IMPROVEMENT PROJECT NO. 86-04, STORM SEWER STUDY FOR COUNTY DITCH 18 Mayor Stearns called the hearing to order at 9:00 P.M. City Engineer Priebe reported he had attended the County Board meeting on October 1 regarding the storm sewer study for county ditch 18. The estimated cost for the study was $40,000, with $20,000 to be assessed by the County. It was his opinion that the City should also be in- volved in this project. County Board Chairman Lawrence Wendorff stated project No. 86-04 would require long-range planning, and the study was the beginning step. Commissioner Howard Christensen commented that the original price for installing the ditch was $12,607. It was an inadequate ditch and need- ed repair. After discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to close the hearing at 9:22 P.M. Motion carried unanimously. Alderman Mikulecky moved to approve the study and to waive reading and adopt Resolution No. 8137. Motion seconded by Alderman Mlinar and unanimously carried. (c) IMPROVEMENT PROJECT NO. 85-01-40 (WATERMAIN) Mayor Stearns called the hearing to order at 9:25 P.M. City Engineer Priebe reported the State Health Department had notified the City to seal the well in the area of Erie Street and put it out of use. Therefore, it would be necessary to install a watermain for service to the property owners affected. The estimated cost of the project was $2,904. F CITY COUNCIL MINUTES - OCTOBER 8, 1985 Charles Pulkrabek, 103 Erie Street, stated he had heard about the im- provement over the radio and read about it in the paper. He was op- posed to the project and didn't want city water. Mr. Pulkrabek com- mented the well water had been tested, and there was nothing wrong with it. Terry Walters, 106 Erie Street (Hutch Milk House), inquired about the improvement cost and how it would be divided. He asked if the City was not assuming any responsibility for water. City Attorney Schaefer commented that the well in question was on City property, and the State had told the City to seal the well. Therefore, the City didn't have much choice in the matter. Following discussion, Alderman Di1inar moved to continue the hearing and to direct the City Engineer to contact the health Department for an actual examination of the well and a report of their findings. Motion seconded by Alderman Mikulecky and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMAN PROPERTY City Attorney Schaefer reported the Klockman trial had been rescheduled for October 10, 1985. 2. GUTORMSON PROPERTY It was reported that the City was still waiting for a certified re- lease from the property owner to allow demolition of the building. If no release is forthcoming, the City will proceed to tear down the structure. (b) CONSIDERATION OF REQUEST BY V.F.W. POST 906 FOR HANDICAP PARKING SIGN Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve the request for a handicap park- ing sign. Motion carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8132 - RESOLUTION ACCEPTING $75,000 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Carls to waive reading and adopt Reso- lution No. 8132. Motion seconded by Alderman Torgerson and unanimous- ly carried. (b) RESOLUTION NO. 8135 - RESOLUTION FOR PURCHASE 3 CITY COUNCIL MINUTES - OCTOBER 8, 1985 It was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8135. Motion carried unani- mously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ENTERING INTO EASEMENT OF RIGHT-OF-WAY WITH EUGENE SCHIMMEL City Administrator Plotz reported the easement would permit Eugene Schimmel access across City property to his landlocked property. Fol- lowing discussion, Alderman Torgerson moved to approve and authorize signing the easement of right-of-way. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF RECREATION FACILITY FLOORING AND EQUIPMENT Barry Anderson, Building Committee Chairman, reported on the bids re- ceived October 7, 1985 for flooring and equipment in the recreation building. It was the recommendation of the committee to accept the low package bid from Hauenstein and Burmeister Inc. for flooring, basket- ball, volleyball and tennis standards in the amount of $84,998, with a $5,000 deduct for City help, for a total of $79,998 and the low bid from Sports Technology for clothing baskets in the amount of $1,532. City Administrator Plotz reviewed the two sources available for the additional $62,000 needed to cover the cost of the flooring and equip- ment. quip- ment. After discussion, Alderman Mlinar moved to accept the recommendation of the Building Committee for awarding bids and to split the $62,000 bal- ance between the Federal Revenue Sharing Fund ($31,000) and the Gen- eral Fund ($31,000). Motion seconded by Alderman Torgerson and car- ried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF GROUP HEALTH INSURANCE FOR HRA City Administrator Plotz presented background information regarding group health insurance coverage for HRA under the City's policy. The HRA requested to be listed as an "affiliate" in the contract and to split the cost of single coverage insurance for a part-time City/HRA worker. Following discussion, Alderman Torgerson moved to list HRA as an affil- iate in the health coverage contract and to list September Jacobsen as a full -time employee, with the single coverage to be split between the City and HRA. Alderman Carls seconded the motion, and it unanimously carried. 4 CITY COUNCIL MINUTES - OCTOBER 8, 1985 (b) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE TO AMEND DEVELOPMENT DISTRICT PROGRAM AND TAX INCREMENT FINANCING PLAN (RAILROAD TRACK) City Administrator Plotz reported the scope of the project had changed. The cost estimate of the Farmers Elevator track, Industrial Park con- nection, and grading would be $326,057. Jerry Ross, owner of Dakota Rail, explained why the railroad bridge would not be rebuilt. Alderman Mlinar moved to approve and set the public hearing for Octo- ber 22, 1985 at 8:00 P.M. and to waive reading and adopt Resolution No. 8133. Motion seconded by Alderman Torgerson. The motion was amended by Alderman Torgerson to include the cost estimate figure of $326,057 in Resolution No. 8133. Amended motion seconded by Alderman Mlinar and carried unanimously. The main motion unanimously carried. (c) CONSIDERATION OF CITY'S POSITION IN EVENT OF FUTURE ABANDONMENT OF RAILROAD City Administrator Plotz referred to Mayor Stearn's letter of Septem- ber 30, 1985 regarding the City's position on future railroad abandon- ment. After discussion, Alderman Mlinar moved to authorize preparation of a Resolution stating the City's position. Motion seconded by Alder- man Carls and carried unanimously. (d) CONSIDERATION OF INSTALLING MANHOLE AND WATER METER FOR SERVICE TO WILDLIFE SANCTUARY Following discussion, Alderman Mlinar moved to approve the installation of a manhole and water meter at the Wildlife Sanctuary. Motion second- ed by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF CHARLES RANNOW'S DRIVEWAY AT 726 LYNN ROAD It was reported that a boulevard tree had grown under Mr. Rannow's driveway and raised a section of it. After removal of the tree, the property owner had requested repair for damage to his driveway. No public sidewalk goes through the driveway. Following discussion, Alderman Torgerson moved that the City Engineer contact the Maintenance Operations Director to determine if City crew could take care of the problem. Motion seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF OPTIONS FOR PHASING IN NEW COMPENSATORY TIME POLICY FOR SALARIED EMPLOYEES Personnel Coordinator Sitz reviewed the two options for phasing in the new compensatory time policy for salaried employees. Following dis- cussion of job descriptions, the motion was made by Alderman Torgerson CITY COUNCIL MINUTES - OCTOBER 8, 1985 to adopt option No. 2 as presented by the Personnel Coordinator. Ald- erman Carls seconded the motion, and it unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported he had talked to Jim Haugen from Korngiebel Architects regarding the furnace problem at the fire sta- tion. To date it has still not been resolved. After discussion, Ald- erman Torgerson moved to direct the City Administrator to inform Korn- giebel Architects and RCM that if something was not taken care of by the next Council meeting, legal action would be started. The motion was seconded by Alderman Carls and carried unanimously. It was reported that two owners of property abutting Waller Drive had called to inquire about the unfinished storm sewer project and to re- quest a refund of their assessment payment. Following discussion, the motion was made by Alderman Mlinar to refund the assessment payments and to send letters to the other parties involved stating that new no- tices would be sent next year. Motion seconded by Alderman Carls and unanimously carried. Mr. Plotz informed the Council he had written to the Coalition of Out - state Cities stating the City of Hutchinson would not be making a spe- cial assessment payment for 1986 legislative lobbying. Reference was made to the revised edition of the Building Department's informational booklet. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Priebe reported that Richard Larson had submitted a peti- tion for improvements in Kimberly's Country Estates. The extension of utilities would be done in 1985 and the gravel base and curb improve- ment in 1986. No public hearing would be required since 100% of the property owners had petitioned the improvements. Following discussion, Alderman Mlinar moved to approve the improvement and to waive reading and adopt Resolution No. 8136. Motion seconded by Alderman Mikulecky and carried unanimously. It was reported that Faith Lutheran Church had requested approval to remove the existing sidewalk on their property so they could regrade the slope of the sidewalk to match the entrance of the church. The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the request. Motion unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commended the Building Department for putting out a N CITY COUNCIL MINUTES - OCTOBER 8, 1985 good booklet containing building information for the general public. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the recent correspondence from Home Insurance regarding the Darwin Hoeft claim for damage to his property caused by city sewer backup. The City Attorney will contact Home In- surance regarding this item. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the claims and authorize payment from the appropri- ate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:42 P.M. 7