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01-24-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 24, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torger- son, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Manley Swarthout. 3. MINUTES The minutes of the special organizational meeting of January 3, 1984 were ap- proved as amended and the regular meeting of January 10, 1984 as presented, up- on motion by Alderman Mlinar, seconded by Alderman Torgerson and unanimously approved. 4. ROUTINE ITEMS (a) CONSIDERATION OF APPOINTMENT OF SUE O'BRIEN TO LIBRARY BOARD The motion was made by Alderman Carls to ratify the appointment of Sue O'Brien to the Library Board to fill an unexpired term. Motion seconded by Alderman Mlinar and carried unanimously. (b) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION DATED DECEMBER 20, 1983 2. PARKS AND RECREATION BOARD DATED DECEMBER 7, 1983 3. TREE BOARD DATED DECEMBER 21, 1983 4. AIRPORT ZONING BOARD DATED DECEMBER 1, 1983 5. LIBRARY BOARD DATED JANUARY 10, 1984 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE FOR AMERICAN LEGION, PROMENADE OF VOITURE 414 It was moved by Alderman Carls, seconded by Alderman Mlinar and approved unanimously, to approve the application and issue a gambling devices li- cense. i- cense. e? 0 COUNCIL MINUTES JANUARY 24, 1984 (d) CONSIDERATION OF APPOINTMENT OF JOHN HORROCKS TO PIONEERLAND LIBRARY SYSTEM BOARD Alderman Carls moved to ratify the appointment of John Horrocks to the Pioneerland Library System Board. Motion seconded by Alderman Mlinar and unanimously carried. (e) RESOLUTION NO. 7638 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7638. Motion approved unanimously. (f) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT FOR RICHARD STWEGER It was moved by Alderman Carls to approve the application and issue snow removal permit. Alderman Mlinar seconded the motion, and it carried unani- mously. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 191 Mayor Stearns called the hearing to order at 8:00 P.M. and read Publica- tion No. 3200 for a proposed assessment for the improvement of Boulder Street from Roberts Road to School Road by the construction of street sur- facing and appurtenances. City Engineer Priebe reported on the proposed project and stated the esti- mated cost of the improvement was $13,761.45. Alderman Mlinar made the motion to close the hearing at 8:06 P.M. Motion seconded by Alderman Mikulecky and approved unanimously. (b) ASSESSMENT ROLL NO. 192 Publication No. 3201 for assessment roll No. 192 was read by Mayor Stearns. It was reported by the Director of Engineering that the proposed assessment for the improvement of Boulder Circle would be for the construction of grading, gravel base, surfacing and appurtenances. The total cost of the project was estimated at $9,291.30. The motion was made by Alderman Torgerson to close the hearing at 8:07 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. Alderman Torgerson moved to approve assessment rolls No. 191 and No. 192 and to waive reading and adopt Resolution No. 7643. Motion seconded by Alderman Mikulecky and unanimously approved. -2- COUNCIL MINUTES JANUARY 24, 1984 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY BERNIE KNUTSON REGARDING TASK FORCE FOR THE ELDERLY Mr. Bernie Knutson, chairman of the Task Force for the Elderly, presented a report on the activities of the Task Force. He then reviewed the con- tents of a report prepared by Health Planning and Management Resources Inc., a firm contracted by the City of Hutchinson to assist the Task Force with their study. The areas covered in the study included housing, community services, institutional services, volunteer services, and financial con- siderations. Special emphasis was placed on maximizing the independence of the elderly citizens. Mayor Stearns commended the Task Force for its input and requested the committee to continue to function on an on-call basis. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7636 - RESOLUTION OF TENTATIVE APPROVAL OF PLANNED UNIT DEVELOPMENT PROPOSED BY RICHARD AND JAMES MCCLURE Alderman Carls requested to amend the contingency under condition No. 4 of Resolution No. 7636 to read: "That the air conditioning and heating units on the rooftop will be fenced in to improve visual appearance and enhance noise abatement." After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7636 as amended. Motion unanimously carried. (b) RESOLUTION NO. 7639 - RESOLUTION REQUESTING AUTHORIZATION FROM MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL FLASHING AMBER DEVICE AT OR NEAR THE INTERSECTION OF HIGHWAY 15 AND SOUTH GRADE ROAD WITHIN THE CITY LIMITS OF THE CITY OF HUTCHINSON, MINNESOTA It was moved by Alderman Carls to waive reading and adopt Resolution No. 7639. Motion seconded by Alderman Mikulecky and approved unanimously. (c) RESOLUTION NO. 7640 - RESOLUTION REQUESTING AUTHORIZATION FROM MINNESOTA DEPARTMENT OF TRANSPORTATION TO POST A DANGEROUS INTERSECTION SIGN ON OR NEAR THE INTERSECTION OF HIGHWAY 15 AND SOUTH GRADE ROAD WITHIN THE CITY LIMITS OF THE CITY OF HUTCHINSON, MINNESOTA Alderman Carls moved to waive reading and adopt Resolution No. 7640. The motion was seconded by Alderman Torgerson and carried unanimously. -3- COUNCIL MINUTES JANUARY 24, 1984 (d) RESOLUTION NO. 7641 - RESOLUTION REQUESTING AUTHORIZATION FROM MINNESOTA DEPARTMENT OF TRANSPORTATION TO REDUCE SPEED LIMIT ON HIGHWAY 15 GOING NORTH FROM CENTURY AVENUE TO CITY CEMETERY WITHIN THE CITY LIMITS OF THE CITY OF HUTCHINSON, MINNESOTA The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7641. Motion unanimously approved. 8. UNFINISHED BUSINESS (a) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD (JOHN MLINAR) AND REPORT BY CITY ATTORNEY ON STATUS OF COMMITTEE (DEFERRED JANUARY 3, 1984) (b) (c) City Attorney Schaefer reported that the Downtown Development District Ad- visory Board was not mandatory, but it was established under Minnesota State Statute when the tax increment district(s) was created. The Hutch- inson Community Development Corporation had assumed many of the duties of the Downtown Board. Therefore, it was the City Attorney's recommendation to disband the Downtown Board if the Community Development Board would as- sume all the duties of the prior Board. Mr. Schaefer stated he would con- tact the Community Development Board regarding this matter. Alderman Mlinar moved to defer action to the next City Council meeting. Motion seconded by Alderman Torgerson and unanimously carried. CONSIDERATION OF IMPROVING ONE BLOCK OF FRANKLIN STREET (DEFERRED JANUARY 10, 1984) City Engineer Priebe stated he would have a report regarding the Franklin Street project for the next Council meeting. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to defer to the next Council meeting. Motion approved unanimously. CONSIDERATION OF TRACT OF LAND SALE BY CROW RIVER COUNTRY CLUB (DEFERRED JANUARY 10, 1984) Mr. Kevin Froemming presented the Council with a site drawing of the area under discussion. He stated he was able to obtain an easement across Larry Bethke's property to reach his proposed lot. Therefore, he would need an easement from the City for access across one corner of the water tower lot. After discussion, it was moved by Alderman Torgerson to approve the land sale and an easement for access across one corner of the City's water tower site. Motion seconded by Alderman Mlinar and carried unanimously. -4- COUNCIL MINUTES JANUARY 24, 1984 (d) CONSIDERATION OF PROPOSED IMPROVEMENT OF T.H. 7 EAST City Engineer Priebe reported on a letter received from the Minnesota De- partment of Transportation regarding a proposed improvement on T.H. 7 east of Fifth Avenue N.E. It was his recommendation to hold a public hearing on February 28, 1984 at 8:00 P.M., with notification sent to all adjacent property owners. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to set a public hearing for February 28, 1984 at 8:00 P.M. Motion unanimously approved. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. Upon motion by Alderman Carts, seconded by Alderman Mlinar, it was moved to authorize discontinuation of service on January 30, 1984 unless other- wise stated. Motion carried unanimously. (b) CONSIDERATION OF APPLICATION FOR WIND LICENSE BY LEBISTRO CAFE Alderman Torgerson made the motion to approve the application and issue a wine license for LeBistro Cafe. The motion failed for lack of a second. After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to reject the application. The motion carried with Aldermen Carls and Mlinar and Mayor Stearns voting aye and Aldermen Torgerson and Miku- lecky voting nay. The issue of Sunday liquor will be discussed at a future City Council work- shop. (c) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH BIDDING FOR PROPOSED RESCUE UNIT Fire Chief Henke presented a request for replacing the present rescue unit which is 22 years old. The committee determined the estimated cost would be $50,000 or less. It was recommended to purchase the new unit jointly by the rural association and the Hutchinson Fire Department on a 50/50 basis. Following discussion, the motion was made by Alderman Torgerson to approve advertising for bids on a rescue unit. Motion seconded by Alderman Mlinar and unanimously carried. SO COUNCIL MINUTES JANUARY 24, 1984 (d) CONSIDERATION OF AGREEMENT FOR MCLEOD COUNTY MUTUAL AID ASSOCIATION The proposed agreement for the McLeod County Mutual Aid Association was reviewed by Fire Chief Henke. It was his recommendation for Hutchinson to enter into an agreement with the communities of Brownton, Glencoe, Les- ter Prairie, Plato, Silver Lake, Stewart and Winsted. After discussion, Alderman Mikulecky moved to enter into an agreement with the McLeod County Mutual Aid Association. Alderman Carls seconded the motion, and it carried unanimously. (e) CONSIDERATION OF STORM DAMAGE POLICY City Forester Schnobrich reviewed the Parks and Recreation Board's revised storm damage policy. Following discussion, it was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the storm damage policy. Motion approved unanimously. (f) CONSIDERATION OF ADJUSTMENT OF ACCOUNT NO. 139, ASSESSMENT ROLL NO. 180 City Engineer Priebe reported that the Grace Evangelical Lutheran Church had requested a review of its assessment at the assessment roll hearing. Instead of being assessed for 231 feet of frontage in the amount of $5,- 188.26, the church should have been assessed $4,447.08, based on 198 feet of frontage. He requested approval to adjust account No. 139 prior to final approval and final notice to property owner. It was moved by Alderman Carls to approve the adjustment of account No. 139, assessment roll No. 180. Motion seconded by Alderman Mlinar and car- ried unanimously. (g) CONSIDERATION OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND 6E COMMUNITY ACTION AGENCY FOR PROVIDING A MEAL SITE FOR SENIOR NUTRITION PROGRAM City Administrator Plotz reported that the HRA Board recommended approval of the one-year agreement with Region 6E Community Action Agency, Inc. After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve and enter into a one-year agreement. Motion approved unanimously. (h) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR PROJECT 84-01, PART II, HILLTOP ADDITION AND ADVERTISING FOR BIDS City Engineer Priebe stated that project 84-01, part II, would be included in the 1984 improvement projects for the bond issue. He reported the plans Im COUNCIL MINUTES JANUARY 24, 1984 and specifications were completed and, therefore, recommended advertis- ing for bids at 2:00 P.M. on February 28, 1984. Following discussion, Alderman Torgerson made the motion to approve the plans and specifications for project 84-01, part II, and to advertise for bids. Motionlseconded by Alderman Mlinar and carried, with Alderman Mikulecky abstaining since he was a property owner in the project area. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt,Resolution No. 7635. Motion carried, with Alderman Mik- ulecky abstaining''. (i) CONSIDERATION OF PROPOSED LOCATION FOR HUTCHINSON UTILITIES LINE The Hutchinson Utilities requested approval from the City Council to cross City property with a proposed underground power line. The line would pro- vide additional service to the 3-M plant. After discussion,'the motion was made by Alderman Mlinar to approve the line location. Aderman Mikulecky seconded the motion, and it unanimously carried. (j) CONSIDERATION OF ADOPTION OF MINNESOTA UNIFORM FIRE CODE BY CITY OF HUTCHINSON Alderman Mikulecky moved to defer this item to the City Council workshop and place it back'on the agenda after reviewal. Motion seconded by Ald- erman Torgerson and carried unanimously. (k) CONSIDERATION OF JANUARY 1, 1984 FIVE PERCENT COMPENSATION ADJUSTMENT OF CITY PAY PLAN AND APPROVAL OF CONTINUATION OF CITY ADMINISTRATOR'S CAR ALLOWANCE i Following lengthyldiscussion, the motion was made by Alderman Mlinar to waive reading and'iadopt Resolution No. 7637 approving a five percent com- pensation adjustment and to include the City Administrator's car allow- ance in the City Pay plan. The motion was seconded by Alderman Torger- son and carried, with Aldermen Carls, Mlinar, Torgerson and Mayor Stearns voting aye and Alderman Mikulecky voting nay as he was opposed to the method used.for the adjustment. City Administrator Plotz and Personnel Coordinator Sitz were directed to prepare a salary range for the salaried employees based on their job responsibilities.; (1) CONSIDERATION OF COMPENSATION OF $100 PER MONTH FOR MAINTENANCE/SECURITY PERSON AT SENIOR CENTER =2 COUNCIL MINUTES JANUARY 24, 1984 City Administrator Plotz commented that the maintenance/security person at the Senior Center was currently paid $50 per month. The HRA Board had recommended his salary be increased to $100 per month. Following discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Torgerson, to approve the salary increase. Motion approved unani- mously. (m) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED BY WILLIAM HELLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reported on the preliminary and final plat for Hel- land's Fifth Addition. The parks and playground contribution would be stipulated in the subdivision agreement. It was pointed out that one platted street was not named, and the Planning Commission recommended the City Council name the street as per staff recommendation. Following discussion, the motion was made by Alderman Torgerson to approve the preliminary and final plat and to waive reading and adopt Resolution No. 7642. Motion seconded by Alderman Mikulecky and approved unanimously. (n) CONSIDERATION OF SETTING BID DATE FOR BOND SALE FOR LIBRARY, 1984 SPECIAL ASSESSMENT BONDS AND ADVANCE REFUNDING OF 1981 PARKING BONDS Mr. Bill Fahey of Ehlers & Associates reviewed the proposed resolution for the sale of bonds. He stated that $100,000 was included for street main- tenance. Mr. Fahey requested to remove the advance refunding of 1981 park- ing bonds from the proposed resolution and present a corresponding resolu- tion regarding this item at the February 14, 1984 Council meeting. There was a recent change in arbitrage regulations he wanted to investigate prior to adoption. After discussion, the Council members requested that the $100,000 for street maintenance be removed from the bond sale. It was reported by Mr. Fahey that the amended resolution would include the sale of $1,050,000 general obligation improvement bonds of 1984 and $750,- 000 general obligation library bonds of 1984. He further recommended that the bids be opened on March 12, 1984 at 11:30 A.M. Alderman Mlinar moved to approve the amended bond sale and to advertise for bids on March 12, 1984 at 11:30 A.M. and to waive reading and adopt Resolution No. 7644 as amended. The motion was seconded by Alderman Tor- gerson and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR COUNCIL MINUTES JANUARY 24, 1984 City Administrator Plotz commented on the upcoming City Council workshop scheduled for February 2. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Mikulecky stated that in the future he would be abstaining from voting on the 1980 tax increment debt service and 1981 parking bonds until the pending litigation had been settled. He then moved to approve and auth- orize payment from the appropriate funds except for the 1980 tax increment debt service and 1981 parking bonds. The motion failed for lack of a sec- ond. It was moved by Alderman Mlinar to approve for payment from the appropri- ate funds and seconded by Alderman Carls. The motion carried, with Alder- man Mikulecky voting nay on the two above stated items. 12. ADJOURNMENT The meeting adjourned at 10:15 P.M. upon motion by Alderman Mikulecky, seconded by Alderman Torgerson and unanimously carried. I=