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11-22-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 22, 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 Mlinar, 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 John Longley. 3. MINUTES The minutes of the regular meeting of November 7, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT OF OCTOBER 1988 2. LIBRARY BOARD MINUTES OF NOVEMBER 10, 1988 3. PLANNING COMMISSION MINUTES OF OCTOBER 18, 1988 4. NURSING HOME BOARD MINUTES OF OCTOBER 20 AND 27, 1988 (b) SNOW REMOVAL PERMIT 1. RHONDA CROTTEAU - C & C SNOW REMOVAL 6. RICHARD EWERT JR. 2. RICHARD SMYKALSKI 7. RODNEY RAUCH 3. JERRY EBERT 8. DARROLD ZIEGLER - JUUL 4. RON HANSEN - HANSEN GRAVEL, INC. CONTRACTING CO. 5. CARL CHRISTENSEN 9. EDWIN KARG (c) CHRISTMAS TREE SALES PERMIT 1. CHARLES E. PULKRABEK 2. CINDY BEADELL The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the report and minutes filed and issue the permits. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) "CELEBRATE MINNESOTA 1990" GRANT APPLICATION PROPOSAL Mayor Ackland called the hearing to order at 8:00 P.M. Director Bruce Ericson presented the grant proposal and stated the City cost would be $19,368, including donated labor. He introduced the 2 1 CITY COUNCIL MINUTES - NOVEMBER 22, 1988 following four fifth -grade students who spoke on behalf of the project! Chad Moehring - tree planting; Rebecca Bangreuenhos - nature trail in Millers' woods; Justin Barrick - walkway/bikeway portion along Luce Line Trail; and Gwen Thul - cost of project. Representatives of the following organizations spoke in favor of the project: Chad Brill - President, Kiwanis Club Lee Cox - President, Hutchinson Baseball Association Ralph Johnson - Sixth Grade Teacher; President, Rotary Club Keith Kamrath - President, Hutchinson Lions Club Jay Beytien - President, Hutchinson Optimists Dave Westlund - President, Hutchinson Jaycees Alderman Torgerson moved to close the hearing at 8:13 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the grant application and waive reading and adopt Resolution No. 8901. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR PARKING SPACE(S) ON SECOND AVENUE FOR THE MEDICINE SHOPPE Following discussion of stricter enforcement of parking time limits, Alderman Torgerson moved to deny the request. Motion seconded by Alderman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8895 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to waive reading and adopt Resolution No. 8895. Motion unanimous- ly carried. (b) RESOLUTION NO. 8896 - TRANSFERRING $40,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive reading and adopt Resolution No. 8896. Motion unani- mously carried. (c) RESOLUTION NO. 8897 - TRANSFERRING $22,643 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8897. Motion unanimously 2 CITY COUNCIL MINUTES - NOVEMBER 22, 1988 carried. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Mikulecky moved to discontinue service at noon on Monday, No- vember 28, unless other arrangements were made. Motion seconded by Alderman Torgerson. Alderman Mikulecky amended the motion to exempt the Tiger's Den (formerly known as Big C) from turn-off. Amended mo- tion seconded by Alderman Torgerson and unanimously carried. Main no- tion unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to certify the delinquent water and sewer account for the Tiger's Den to taxes. Motion unanimously carried. (b) CONSIDERATION OF INSTALLATION OF FOUR LAMP POSTS IN LIBRARY SQUARE Following discussion, Alderman Torgerson moved to approve the installa- tion. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF CONTRACT FOR PROFESSIONAL SERVICES FOR HOME ENERGY CHECK-UP PROGRAM AUDITS/COMMERCIAL CHECK-UP PROGRAM AUDITS City Administrator Platz reported this program was 90 percent funded by the State. The new energy audit consultant will be paid on a per audit basis. Following discussion, Alderman Carls moved to approve and enter into contract. Motion seconded by Alderman Torgerson and unanimously car- ried. (d) CONSIDERATION OF PARCEL SEIZED BY COUNTY FOR NON PAYMENT OF REAL ESTATE TAXES Following discussion, Alderman Carls moved to inform the County that the City was not interested. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF AWARDING BID FOR PURCHASE OF LOGS AND LIMBS Following discussion, Alderman Carls moved to accept the City For- ester's recommendation of $550 from Shirley Otto for limbs and to re- ject all bids on saw logs. Motion seconded by Alderman Torgerson and unanimously carried. 9 CITY COUNCIL MINUTES - NOVEMBER 22, 1988 (f) CONSIDERATION OF RETAINING CHARLES BAILLY & COMPANY FOR 1988 CITY AUDIT Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve. Motion unanimously carried. (g) CONSIDERATION OF REQUEST TO REFUND INTEREST PAID ON ASSESSMENT ROLL 229 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the interest refund of $504.28. Motion unanimously carried. (h) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 89-01, LETTING NO. 1 (NEW SCHOOL WATERMAIN) Following discussion, Alderman Mikulecky moved to approve and set hear- ing for January 10, 1989 at 8:00 P.M., to waive readings and adopt Res- olutions No. 8898 and No. 8899. Motion seconded by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 20, PROJECT NO. 88-36 (STORM WATER INLET GRATES) Following discussion, Alderman Mlinar moved to approve the plans and specifications and advertise for bids and to waive reading and adopt Resolution No. 8900. Motion seconded by Alderman Torgerson and unani- mously carried. (j) CONSIDERATION OF REZONING PROPERTY IN HELLAND'S FIRST ADDITION FROM R-3 TO R-2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION Alderman Torgerson moved to approve rezoning and waive first reading of Ordinance No. 29/88 and set second reading December 13, 1988. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF REZONING PROPERTY ON CALIFORNIA STREET IN CALIFORNIA ADDITION AND CALIFORNIA SECOND ADDITION FROM R-4 TO R-2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve rezoning and waive first reading of Ordinance No. 30/88 and set second reading December 13, 1988. Motion seconded by Alderman Mikulecky and unanimously carried. (1) CONSIDERATION OF FINAL PLAT OF COUNTRY CLUB ESTATES NO. 3 REQUESTED BY L & G ENTERPRISES OF HUTCHINSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 8902. Motion seconded by Alderman Mikulecky and unanimously carried. n CITY COUNCIL MINUTES - NOVEMBER 22, 1988 (m) CONSIDERATION OF PAYMENT FOR GOOD NEIGHBOR STUDY OF BURNS MANOR NURSING HOME Following discussion, Alderman Carls moved to approve payment of $9,900 from City funds. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported there had been no accidents to date at the intersection of Echo Drive and Oakland. It was reported that 1,300 surveys had been returned as of today, and the deadline is November 30. The Highway 22 easement that MN/DOT is requesting from the City is for a strip of land from the area of the bridge south past the wastewater treatment plant. They have made an offer of $2,000 fee interest. The easement would only be good if no trees are cut down, and there is no guarantee from MN/DOT. It was suggested that the Robinson Appraisal Company do an appraisal of the property. Alderman Torgerson made the motion that the City ask for the replace- ment if any trees are destroyed accidentally and that MN/DOT replace said trees of a similar size. Motion seconded by Alderman Carls and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the letter received tonight from Mavis Geier, Director of Burns Manor Nursing Home. He stated the City Coun- cil would have to make a decision in the near future regarding the Good Neighbor proposal. (c) ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the progress of remodeling plans at City Hall. Mr. Plotz informed him a report would be presented to the Council at a future meeting. (d) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney stated he had submitted a report to the Council on the Judge's ruling regarding the Hinde/Burns Manor litigation. It was essentially a complete victory for the City, The Sam Ulland case will go before the Judge tomorrow. The City is trying to remove the trailers from the mobile home park. I CITY COUNCIL MINUTES - NOVEMBER 22, 1988 (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland had a request from the Heritage Center for City assis- tance with snow removal in 1988. It was the consensus of the Council that this item would have low priority for snow removal by the City crew. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8;30 P.M. I