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01-10-1989 CCMMIN'cITEZS REGULAR MEETINCI - HUTCHINSON CITY CCUNCiL TUESDAY, JANUARY 10, 1989 1. Tl -le meeting was called uo order by Mayor Ackland at 7:30 P.M. The Follow-- ing were present: Mayor Pabl L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky, Also present: City Administrator Gary D. Plotz, Director of Engineering- Eugene Andersson and City Attorney G. Barry Anderson. 2. INVOCATION No one was present to give the invocation. 3. MI N ITnc- The minutes of the regular meeting. of December 27, 1988 and bid openings of December 22, 1988 and January 2, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - DECEMBER 1988 2. HUTCHINSON POLICE COMMISSION MINUTES OF DECEMEER 21, 1988 3. PARKS & RECREATION BOARD MINUTES OF NOVEMBER 30, 1988 (b) APPOINTMENTS: PARKS & RECREATION BOARD - RO:(ANNE ENDRES HEALTH BOARD - DR. R0I3ERT IIR'GHNES DR. THOMAS KLE I Ni�AUF DR. GEORGE SMITH The motion was made by Alderman Rlinar, seconded by Alderman Mikulecky, to order the report and minutes filed and ratify the appointments. Mo- tion unanimously carried. 5. PUBLIC HEARING - 8:00 P.R. (a) 1989 IMPROVEMENT PROJECTS Mayor Ackland called the hearing✓, to order at 8:00 P.M. and read Publication No. X948. 1. PROJECT N , 89-01, LET I ISG N0 . 1 t NEty' B CH=)OL IdATERMA I N) Supt. Glenn Matejka spoke in favor of the project. Mr. Ron Hansen, Hansen Gravel, inquired why he had received two letters The house is used as an office. He asked what the assessments would be on the two properties. CITY COUNCIL MINUTES - JANuA1R`>r 10, 1989 Citic Engineer Anderson reported there was a narrow strip of land west of Hansen's house Kays outside the city limits, and than;, assessment would be deferred at this time, Dale Street was not subject to the assessment, The assessment on South Grade .Road would be based on the frontage. Mr. Russell Rickeman, Rt. 4, stated he received a letter; however, he is not in the city limits, Mayor Ackland informed Mr. Rickeman that it would be a deferred assess- ment until such time as the property was annexed into the city. Then it would be assessed. 3, PROJECT NO. 89-05 Mayor Ackland read Publication No. 3957, No one was present to be heard on project No. 89-05, 3, PROJECT NO, 89-06 Mayor Ackland read Publication No. 3958, Mr. Dan Papin, 375 Connecticut Street, inquired about the time sched- ule for the project and street lighting. Engineer Anderson stated the improvement would probably be done in July. It was most likely that street lighting would be installed. 4. PROJECT NO. 89-07 Mayor Ackland read Publication No. 3959. No one was present to be heard on project No. 89-07, 5. PROJECT NO, 89-08 Mayor Ackland read Publication No. 3960, Mr. Ron Jonas, 1055 Jorgenson, commented there were three individuals who purchased lots from Loretta McDonald. He would like to see the project delayed for at least one year until construction was completed in the area. Mayor Ackland read a letter. from Bennie McRaith, _wrier of lot on Park Island Drive, requesting a delay of at least one year on the improve- ment. 6. PROJECT NO. 89-11 Mayor Ackland read Publication No. 3961. 2 CITY COUNCIL MINUTES - JANUARY 10, 1989 No one was present to be heard on project No. 89-11. P ROJE1-T NO. 89-1 �' Mayor Ackland read Publication No. 3962. Ms. Edna Loncorich, 835 Chicago Avenue, asked why they were having surfacing again since a coating; was done last year. She stated that traffic was very minor as there are a limited number of houses in the area. She requested a delay of one year on the improvement inasmuch as she is still paying on the assessment from last year. Ms. Loncorich inquired if everyone would be assessed and asked about street lights. Engineer Anderson stated the entire subdivision would be assessed, and there are about 35 lots. Alderman Torgerson moved to close the hearing at 8:30 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Mlinar moved to approve and order preparation of plans and specifications for the projects, except for project No. 89-08 which was rejected, and to waive readings and adopt Resolutions No. 8934 - No. 8940. Motion seconded by Alderman Torgerson and unanimously carried. G. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR IMPROVEMENT PROJECT ON SOUTH GRADE ROAD AND LYNN ROAD A petition signed by a considerable number of concerned citizens was submitted to request improvements on South Grade Road and Lynn Road. Following discussion, Alderman Torgerson moved that the petition be referred to the State Department of Transportation. Motion seconded by Alderman Carls and unanimously carried. (b) REQUEST BY GLENCOE JAYCEES TO SELL NON -INTOXICATING MALT LIQUOR AND FOOD CONCESSIONS DURING SNO-BREAK '89 Following discussion, Alderman Caris moved to deny the request based on all the reasons given by the Police Chief. Motion seconded by Alderman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 31/88 - AN ORDINANCE ADOPTING MINNESOTA STATUTORY LAW GOVERNING LIBRARY BOARDS OF DIRECTORS Then=otion was Made by Alderman Mlinar, seconded by Alderman Torgerson, to wai ve second f eadinR and adopt o=rdinance No, 7r97. Motion urian1mous- ly carried. 3 r , I CCI.NCIL AINU hb - JANUARY i . �1= li LARD i.LIi AI�:.+�. N=O. v'ti}i•S..i i! - ORD N Tf •�L• n LYDI�F+.i tJ�1T J � ii �7 { T L SAN, A .E ION 10.0 OF �� 'N! ORDINANCE OF THE CITY OF UTCHINS Eb`TITLFD SIGNS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive second reading and adopt Ordinance No. 798. Alderman Miku- lecky amended the motion to leave Section 3 as it was at three square feet (line 3); under 3.b, Lettering, to delete the last sentence re- garding plastic signs; and under 3.e, Illumination, to delete the sen- tence, "Backlit plastic panel signs are not permitted," based on the public input received during the last two weeks. Motion seconded by Mayor Ackland. Amended motion failed four to one, with Aldermen Carls, Mlinar, Torgerson and Mayor Ackland voting nay and Alderman Mikulecky voting aye. The main motion carried four to one, with Alderman Miku- lecky voting nay. (c) RESOLUTION NO. 8941 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8941. Motion unanimously carried. (d) RESOLUTION NO. 8943 - DESIGNATING OFFICIAL NEWSPAPER The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8943. Motion unanimously carried. (e) RESOLUTION NO. 8944 - APPOINTING LEGAL COUNSEL The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8944. Motion unanimously carried. (f)RESOLUTION NO. 8945 - APPOINTING CITY ADMINISTRATOR FOR 1989 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8945. Motion unanimously carried. (g) RESOLUTION NO. 8946 - ENTERING AGREEMENT WITH PIONEERLAND LIBRARY SYSTEM BOARD FOR CALENDAR YEAR 1989 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8946. Lotion unanimously carried. (h) RESOLUTION NO. 8947 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8947. Motion unanimously 4 CITY COUNCIL MINUTES - JANUARY 10, 1989 carried. (i) RESOLUTION NO. 8943 - DESIGNATION OF DEPOSITORY OF CITY FUNDS FEDERAL SAVINGS AND LOAN ASSOCIATIGNS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive read=ing and adopt Resolution No. 3948. Motion unanimously carried. (J) RESOLUTION NO. 8949 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Revolution No. 3949. Lotion unanimously carried. (A) RESOLUTION NO. 3950 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON AS SPONSORING AGENCY OF THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8950. Motion unanimously carried. (1) RESOLUTION NO. 8951 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8951. Motion unanimously carried. (m) RESOLUTION NO. 8952 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST NATIONAL BANK OF HUTCHINSON AS SPONSORING AGENCY OF THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 3952. Motion unanimously carried. (n) RESOLUTION NO. 3953 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS &4 LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 3953. Motion unanimously carried. o. UNFINISHED BUSINESS None. 5 CITY COiINCIL MINUTES - JANUARY 10 f it : k:. OUT r• -, # a? „ 1 �_� U.�AiZ E_ Msi AhC.-_ I dS. ROBERT BA�METZ, ET City Attorney Anderson stated that this item was merely a formality, and it would go into the next phase whether the City Council took ac- tion or not. No action was taken. (b) CONSIDERATION OF AWARDING CONTRACT FOR CAR IMPOUNDING (DEFERRED DECEMBER 13, 1988) Followin discuusioi, Alderman Carls Moved to approve and enter into contract with Modern Mazda. ;lotion seconded by Alderman Torgerson and unanimously carried. (,,) CONST IDEBATION OF AUTHORIZING KJELL NORDLIE TO OFFER 4.7 DEFERRED COMPENSATION PLANS AS VOLUNTARY PAYROLL DEDUCTION Following discussion, Alderman Torgerson moved to approve. Motion sec- onded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF AGREEMENT FOR AIRPORT PROPERTY ACQUISITION COSTS Following discussion, Alderman Mikulecky moved to defer. Motion sec- onded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF 1989 POSITION CLASSIFICATION/PAY PLAN Following discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 894-0. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Mikulecky to remove the merit figures used next year and defer action until input from the County had been obtained. Motion seconded by Alderman Torgerson. The amended motion failed four to one, with Aldermen Carls, Mlinar, Torger- son and Mayor Ackland voting nay and Alderman Mikulecky voting aye. The main motion carried four to one, with Alderman Mikulecky voting nay, (f) SELECT -ON OF COUNCIL'S VICE-PRESIDENT - MIKE CARLS Alderman Mikulecky moved to elect Mike Carls Vice -President. Motion seconded by Alderman Torgerson and unanimously carried. W) DESIGNATION OF COUNCIL REPRESENTATIVES 1. COMMUNITY EDUCATION ADVIE"' COMMiT- TEE - PAUL ACKLAND 2. H`.;T'CH I NSON COMMUNITY DEVELOPMENT CORP. BOARD - JOHN MLI NAR Alderman Carls moved to ratify the Mayor's appointments. Motion sec- onded by Alderman Mikulecky and unanimously carried. [o CITY COUNCIL MINUTES - JANUARY 10, 1989 (h) CONSIDERATION OF ACCEPTING PAYMENT FROM MCLEOD COUNTY FOR CITY CLEANOUT SERVICES OF COUNTY DITCH 18 Following discussion, Alderman Torgerson moved to defer. Motion sec- onded by Alderman Mlinar and unanimously carriedl. (i) C_NSIDERAtION OF STURGES DITCH LITIGATION Following discussion, Alderman Carls moved to accept the financial as- pect of the proposal, as presented in paragraph five of City Attorney Anderson's correspondence dated January 6, 1989, and not commit the City at this point to fill in the ditch at the City's expense. Motion seconded by Alderman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that the City had received a copy of a letter from the Minnesota Department of Health addressed to Sam Ul- land. The letter stated that the manufactured home park license for Midwest Mobile Home Park was denied for the year 1989. Mr. Plotz commented on a letter sent to the downtown business district regarding snow removal on sidewalks. The Council was asked for input on filling the two director positions and the interview proce"s. Reference was made to letters from Richard Danielson regarding a fence between the Danielson and Munsell property. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about street lighting on Connecticut Street and asked if there was a cost differential for decorative lighting. Mr. Plotz reported there would be a cost differential for the type of pole installed on Main Street. The new development areas- would have decora- tive lighting. Alderman Carls questioned the City Engineer and City Attorney if there was a setback requirement for residential construction on the river or any flood plain restrictions. Also, he wondered if there was a State I aw in existence for the Crow River. Since there had been two accidents on December 16, 1988 at the inter- section of Echo Drive and Oakland Avenue, Alderman Carls moved to re- consider the previous decision on the location of a stop sign. Motion seconded by Alderman Mikulecky. The motion failed three to two, with roll call vote of Aldermen Carls and Mikulecky voting aye and Aldermen Mlinar, Torgerson and Mayor Ackland voting nay. 7 CITY COUI. CIL MiNU IES - Jix$o'UAhY 110, (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired if anytaing had been received regarding the fence for the Freedland salvage property along the river. Administra- tor Plotz reported the DNR would not allow a solid fence so he would have to put up a chain link fence. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson asked about the bids for removal of trailers in Mid- west Trailer Park. Attorney Anderson informed him the specifications for advertising were being; prepared and would be ready soon. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Anderson reported on a preliminary improvement design on Bluff Street. It would be available for Council review prior to the County public hearing scheduled for January 25, 1989. 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 9:20 P.M.