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02-09-1988 CCMop MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 9, 1988 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlianr, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2, INVOCATION The invocation was given by the Reverend Thor Skeie. 1") . MINUTES The minutes of the regular meeting of January 26, 1988 and bid opening of February 1, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1988 2. AIRPORT COMMISSION MINUTES OF JANUARY 25, 1988 3. NURSING HOME BOARD MINUTES OF DECEMBER 22, 1987 4. PARKS & RECREATION BOARD MINUTES OF JANUARY 13, 1988 5. TREE BOARD MINUTES OF JANUARY 13, 1988 (b) APPLICATION FOR SNOW REMOVAL PERMIT 1. GREG JENSEN 2. DOUGLAS PETERSON The motion: was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the report and minutes filed and issue the permits. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) 1988 IMPROVEMENT PROJECTS Mayor Ackland called the public hearing to order at 8:00 P.M. 1, PROJECT 88-03 Mayor Ackland read Publication No. 3787 for Project No. 88-03. Engineer Anderson reported that an error was made when the notice of public hearing was prepared. The property abutting Connecticut Street would not be assessed for proposed surfacing on Campbell Lane. The Connecticut Street property owners paid the entire costs for the project on Connecticut Street, but the property owners on ' 1 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 Campbell Lane paid nothing. Mr. Nike Ribich, 1350 Campbell Lane, asked if there was a date for the bids. He commented about development and wondered if the de- veloper would be assessed. Also, he inquired if the three McClure lots on the edge of Campbell Lane would be included in the assess- ment and wondered how the portion, of the assessment would be di- vided. Engineer Anderson stated the McClure property would be assessed an equitable portion for the project; however, that portion would be deferred at this time since the lots are not platted. They would be assessed on a frontage basis for raw lapid. An unidentified lady on Campbell Lane asked when the project would take place. Mr. Paul Western, 479 Campbell Lane, inquired if the cost included street lights. A petition was submitted by property owners in Clark's Second Addi- tion, opposing Project No. 88-03 since the improvement did not abut and benefit their property. 2. PROJECT 88-04 Mayor Ackland read Publication No. 3788 for Project No. 88-04. Mr. Daniel Noga, 635 Tyler Street, requested the project be delayed for awhile. He asked what the plan was for the area to the south. The City Engineer stated the property was presently outside the city limits; therefore, he had no information from the developer. Mr. Steve Straumann, 595 Roberts Road, commented he lived close to the storm sewer. He inquired when it would be joined up. Mr. Raymond Otto, 620 Tyler Street, requested the City to wait an- other year before any more assessments were added. He was still paying on previous assessments. Mr. Wayne Plombon, 615 Tyler Street, stated he had the same feel- ings as the other neighbors. Director Anderson reported that sand and dirt washes into the sewer. There will be la to 14 property owners assessed for the cost of the project. 3. PROJECT 88-05 Mayor Ackland read Publication No. 3789 for Project No. 88-05. 2 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 Mr. Lyle Mullins, 1275 Lakeview Lane, inquired if the cost would be. divided among all the property owners. He asked if the corner lots on School Road and Roberts Road would share in the cost of the im- provement. Engineer Anderson answered in the affirmative. Mr. Jack Alfredson, 1235 Roberts Road, commented that his property did not abut Lakeview Lane but was being assessed. He didn't un- derstand why since his was the second lot in on Roberts Road. Mr. Alfredson inquired if the property owners were informed of the subdivision agreements. Engineer Anderson reported that a subdivision agreement for McDon- ald's Second Addition determined the assessments, and all costs would be shared equally within the subdivision. Mayor Ackland read a letter received from Citizens Bank & Trust Co. regarding the project and their opposition to the assessment. 4. PROJECT 88-06 Mayor Ackland read Publication No. 3790 for Project No. 88-06. A representative of the Hutchinson Baptist Church, 705 Fifth Avenue S.W., spoke for the project. They church had purchased two lots to be used for church property, but they are now up for sale. He com-, mented that lot two did not have sewer and water on it since it would have been used for a parking lot. Ms. Jody Lerdol, 833 Hilltop Drive, asked how much of the cost was for water and sewer services and how much of the $36,000 was in- volved in water and sewer. She inquired how many lots in the sub- division were affected by the project, how each lot would be as- sessed, and how much her assessment would be. Ms. Lerdol asked how the City determined who got the contract for the work. The City Engineer responded that 18 lots would be affected by the project, and the cost would be $2,000 per lot. The assessment would not be figured on a per square foot basis. 5. PROJECT 88-07 Mayor Ackland read Publication No. 3791 for Project No. 88-07. Mr. Gerald Zimmerman, 16 Century Avenue, said his main question was how and why he would pay for a street 600 feet from his lot. He had learned there was a subdivision agreement, of which he was not aware. He didn't feel it was right that he be assessed when some other property owners did not get assessed. He had contacted 10 neighbors, and nine had signed a petition opposing the project. 3 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 The property owners in Schmidtbauer Second Addition were opposed to a project for finishing a street going nowhere and of no use. Mr. Dick Waage, 1210 Bradford Street, agreed with Mr. Zimmerman's comments that the street went nowhere. Since it is a dead end street, he suggested putting off the project until there was de- velopment in the area. Mr. Waage stated he did not sign the peti- tition because he was exempt due to a special agreement with Rich- ard Schmidtbauer, the developer, regarding assessments. A copy of the agreement was submitted to the City Council. Mr. Mike Becker, 56 Century Avenue, stated he owned lot one on the corner. He inquired if the park in the area would be finished in the near future. The proposed street would be the only access to it. Last spring the park was tiled, and he wondered if the tiling system was hooked up to the main system. Mr. Becker said he was the only one who would benefit from the street; how -ever, he was assessed for Bradford Street. Engineer Anderson stated the tile was hooked up to the system and drained into the main system. There would be no assessment for the park. Mr. Ed Wegscheid, 14 Century Avenue, reported he had moved in next door to Mr. Zimmerman the first of the year. He was not aware of the subdivision agreement. He was opposed to the project. Mr. Tim Halvorson, 44 Century Avenue, asked about Schmidtbauer's Second Addition. He had not received a letter from the City re- garding the hearing although he had owned his property for two .years. Mr. Halvorson inquired if the property owners would pay for the improvement of road, curb and gutter when the development was done around the park. It did not seem correct to him that other property owners are paying for Schmidtbauer's street improve- ments. 6. PROJECT 88-13 Mayor Ackland read Publication No. 3792 for Project No. 88-13. Mr. Martin Prieve, 55 Fifth Avenue N.E., asked why it was necessary to do the proposed project. There had never been a problem so why did the storm sewer on Grove Street need to be replaced. The City Engineer stated the present surface was only temporary and not permanent. The City was trying to eliminate this type of street and make it a permanent surface. Mayor Ackland read a letter received from Mabel Kreft, 345 Glen Street South, who was opposed to the project. 4 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 7. PROJECT 88-14 Mayor Ackland read Publication No. 3793 for Project No. 88-14. Mr. Ken Cain, 204 Grove Street South, asked about the estimate of the project for City cost. He also inquired about the water main service on Main Street from Fourth Avenue. He commented the street was torr, up a couple summers. Mr. Cain stated he would welcome a paved street since the dust had been bad. He wondered about the three separate projects and if dropping the storm sewer project would change the assessment cost. 8. PROJECT 88-16 Mayor Ackland read Publication No. 3794 for Project No. 88-16. Mr. Art J. Benjamin, 108 Grove Street South, commented that it was his understanding from previous discussion that the street on the long side was paid for by the owner and the street on the short side was paid for by the other taxpayers. His property is on a corner. He inquired if the City had any plans for angle parking for the east and west side to the existing sidewalk. Mr. Wayne Kasich, 45 Fourth Avenue N.W., represented the Ink Spots and the Hutchinson Leader buildings. He asked about parking lot approaches. He stated there has been a problem with water seepage for the past two years. Mr. Kasich thought there was a line under -the parking lot that was draining into their property. He wonder- ed if the property owner .had a choice to eliminate one line and hook up to the one in front of the building. He inquired about subdivision agreements and how they were filed with the City. 9. PROJECT 88-23 Mayor Ackland read Publication No. 3795 for Project No. 88-23. No one was present to be heard regarding the project. 10. PROJECT 88-24 Mayor Ackland read Publication No. 3796 for Project No. 88-24. Mr. LeRoy Llavka, 925 Ludtke Lane, asked what portion of the $58,000 amount he would have to pay. He inquired how many prop- erties would be assessed. The City Engineer responded that eight properties would be assessed about $7,200 each. Ids. Carol Vanort, 930 Ludtke Lane, inquired how the City would assess the project cost if the property owner did not hook up to 5 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 the line. She asked if there were plans for in the circle. Mr, Mike Vanort, 930 Luditke Lane, asked for a breakdown for the water and sewer and why the project was so expensive. Mr. Vanort was in favor of the project, but he felt the cost was high. He inquired if other property owners would also be assessed. He fur- ther commented about water drainage on to his property since de- velopment took place on California Street. He wondered if the developer had a responsibility for changing the water flow. An unidentified man questioned if it would be cheaper to wait to do the project until the property to the south was developed. He felt the Woods and Cox properties on Golf Course Road were bringing the cost up and asked if they could be taken out of the project. 11. PROJECT 88-26 Mayor Ackland read Publication No. 3797 for Project No. 88-26. No one was present to be heard regarding the project. 12. PROJECT 88-27 Mayor Ackland read Publication No. 3798 for Project No. 88-27. No one was present to be heard regarding the project. Alderman Torgerson moved to close the hearing at 10:00 P.M. Motion seconded by Alderman Carls and unanimously carried. The notion was made by Alderman Torgerson, seconded by Alder -man Carls, to approve Projects 88-03, with the deletion of Connecticut Street, 88- 05, 88-06, 88-13, 88-14, 88-16, 88-23, 88-24, 88-26 and 88-27 and to omit Projects 88-04 and 88-07. Motion unanimously carried. 6. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST TO U.SE LIBRARY SQUARE BY ASSEMBLY OF GOD CHURCH Alderman Mlinar moved to approve the request. Motion seconded by Ald- erman Mikulecky and carried unanimously. (b) UPDATE REPORT ON STATUS OF POLICE STATION PROJECT BY VERGIL FLORHAUG OF C.A.M. Mr. Vergil Florhaug reported on the status of the electrical work at the police station and the McNerney situation. He had been contacted by the consultant of the bonding company, and a contract with a new electrical company will be forthcoming. Nuessmeier Electric, Inc. will finish the work on a time and material basis, not to exceed $17,200. 6 CITY COUNCIL MINUTES - FEBRUARY 9, 1088 Alderman Torgerson moved to authorize C.A.M. to enter into a contract with the City and Nuessmeier Electric, Inc. to finish the electrical work for $17,200. Motion seconded by Alderman Mlinar and unanimously carried. Mr. Florhaug reviewed some of the changes in the budget for the police station. He stated less than Ralf of the general conditions had been spent in the total period of construction,,and there should be some dollars left. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, for C.A.M. to prepare a budget update report for the next City Council meeting. Motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8705 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to waive reading and adopt Resolution No. 8705 for water meters. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR 1988 POLICE PATROL CAR (DEFERRED FEBRUARY 1, 1988) City Attorney Anderson reported the state law required the lowest re- sponsible bid to be accepted if it met the specifications. Further, any purchase under $15,000 did not require the public bid process. Instead, the City could take sealed proposals. Following lengthy discussion, Alderman Torgerson moved to reject all bids. Motion seconded by Alderman Mikulecky and carried three to two, with Aldermen Mlinar, Torgerson and Mikulecky voting aye and Alderman Carls and Mayor Ackland voting nay. The notion was made by Alderman Torgerson, seconded by Alderman Mlinar, to direct the City Administrator and City Attorney to take care of the proposal process for bids on Friday, February 12, 1988 at 11:30 A.M. Notion unanimously carried. (b) CONSIDERATION OF TWIN OAKS/HOLMQUIST ASSESSMENT ISSUE (DEFERRED JANUARY 26, 1988) The City Attorney recommended settlement of the Twin Oaks/Holmquist and Assembly of God Church matter with the following terms and conditions, as stated in his February 4, 1988 letter: (1) The City will not seek to collect assessment and interest on Assessment Roll No. 33 as it relates to the Assembly of God 7 CITY COUNCIL MINUTES - FEBRUARY 9, 1988 property and the Holmquist property. (2) The City will accept the sum of $5,000 from National Casualty Company in exchange for a full, final and complete release as to this particular transaction. (3) Settlement of these two claims will not effect the Assembly of God obligation to pay deferred assessments in excess of $8,000 which were agreed to for Assessment Roll No. 176 (Project 83-02). Attorney Anderson made reference to correspondence received from the former City engineer and his comments regarding the Assembly of God property. The recommendation made by the City Attorney still stood; however, he recommended deleting the church property from any action. The issue now related only to the Holmquist property. They were two separate issues for two different properties. Following discussion, Alderman Mikulecky moved to accept the City At- torney's recommendation in his letter of February 4, 1988 of item No. 1 and item No. 2 as it related to the insurance area, but it would be re- stricted solely to the Holmquist issue. Motion seconded by Alderman Carls and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF 1988 POSITION CLASSIFICATION/PAY PLAN The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve and waive reading and adopt Resolution No. 8703. Motion unanimously carried. (b) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR PAINTING NORTHWEST WATER TOWER Following discussion, Alderman Carls moved to approve the plans and specifications, order advertisement for bids on March 4, 1988 at 2:00 P.M, and to waive reading and adopt Resolution No. 8704. Motion sec- onded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF MULTI -JURISDICTIONAL DRUG TASK FORCE Following discussion, the notion was made by Alderman Carls, seconded by Alderman Mlinar, to approve payment of $3,435.28 to McLeod County. Motion carried unanimously, (d) CONSIDERATION OF CHANGING DATE FOR FEBRUARY 23, 1988 CITY COUNCIL MEETING Alderman Carls moved to change the City Council date to Monday, Feb- ruary 22, 1988. Motion seconded by Alderman Mlinar and unanimously carried. CITY COUNCIL MINUTES - FEBRUARY 9, 1988 (e) CONSIDERATION OF PURCHASING CABINETS/EQUIPMENT FOR NEW POLICE FACILITY Sgt. John Gregor presented a list of cabinets and equipment needed for the new police facility and requested authorization to purchase them. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the low bid for cabinets from Clyde Gregor for $2,875.00, the Sears bid of $1,393.99 for three refrigerators and a microwave, and the Allen Office Supply price quote of $576.00 for a credenza, $327.00 for bookshelves, and $415.00 for eight chair mats. Motion unanimously carried. Sgt. Gregor presented a list of miscellaneous items at an estimated cost of $2,600.90 which were also needed in the new facility. Following discussion, Alderman Carls moved to take the $2,600.90 out of the fund balance rattier than out of the 1988 contingency fund or out of possible surplus of 1987. Motion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF AMENDING ORDINANCE NO. 735 FOR CHANGES IN RULES AND REGULATIONS AT OAKLAND CEMETERY Following discussion, Alderman Mlinar moved to approve the changes and to waive first reading of Ordinance No. 4/88 and set the second reading for February 22, 1988. Motion seconded by Alderman Torgerson and car- ried unanimously. (g) CONSIDERATION OF INSTALLING POLICE COMPUTER COMMUNICATION AND CABLING IN NEW POLICE FACILITY Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the purchase and installation out of the general conditions fund. Motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator reported two dates were suggested for the Coun- cil to meet with the County Board, namely February 22 and February 24. It was the consensus of the Council to meet at 5:30 P.M. on February 24 in the fire station. Then the Council would review the directors' an- nual reports at 7:00 P.M. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson commented on the closing of the Hutchinson di- vision of district court. He suggested that the City adopt a Resolu- tion requesting justification of the $19,000 figure for the cost of court in Hutchinson and that the County Board be asked to adopt a Q CITY COUNCIL MINUTES - FEBRUARY 9, 1988 similar Resolution. After discussion, Alderman Carls moved to adopt Resolution No. 8708 for a response with clarification of the $19,000 figure for Hutchinson's district court. Motion seconded by Alderman Mlinar and unanimously carried. Attorney Anderson reported that the Sam Ulland case would be heard in court on February 12, 1988 at 9:30 A.M. 11, CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:42 P.M. 10