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02-14-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 14, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M., with the _ following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz and City Attorney James Schaefer. 2. INVOCATION In the absence of a minister, there was no invocation. 3. MINUTES The minutes of the regular meeting of January 24, 1984, were approved unanimously. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. Building Official's Monthly Report - January 1984 2. Planning Commission Minutes dated January 17, 1984 3. Library Board Minutes dated January 30, 1984 4. Nursing Home Board Minutes dated December 22, 1983 5. Fire Department Minutes dated January 16, 1984 There being no discussion, the minutes were orderdd by the Mayor to be received for filing. (b) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY FRED GAUGER It was moved by Alderman Miinar,_ recon-ded by Alderman.Carls,_carried unanimously, to approve the request for reduced trash and refuse rate. (c) RESOLUTION NO. 6755 - RESOLUTION FOR PURCHASE It was moved by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously, to waive reading and adopt Resolution No. 6755. 5. PUBLIC HEARING - 8:00 P.M. Mayor Stearns called the hearing to order at 8:00 P.M. and read publication No. 32051or assessment roll No. 190 - Lipke Addition. There was no one present to be heard. 19 COUNCIL MINUTES FEBRUARY 14, 1984 City Administrator Plotz noted that this is the first time the council is activating a deferred assessment and that several alternatives can be considered in making the assessment. Questions should be discussed with City Engineer Priebe before adopting the assessment roll. City Attorney Schaefer suggested the public hearing can be adjourned now and reconvened later with the engineer present. Alderman Mlinar made a motion to continue the public hearing to a later date. Motion was seconded by Alderman Torgerson and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES None 8. UNFINISHED BUSINESS (a) Consideration of Adoption of Minnesota Uniform Fire Code by City of'' Hutchinson (DEFERRED JANUARY 24, 1984) After discussion, a motion was made by Alderman Torgerson to approve the adoption of the Minnesota Uniform Fire Code and set public hearing for March 13, 1984, at 8:00 P.M. Motion was seconded by Alderman Carls and carried unanimously. (b) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD (JOHN MLINAR) AND REPORT BY CITY ATTORNEY (DEFERRED JANUARH 24, 1984) City Attorney Schaefer reported that the Downtown Development District Advisory Board can be disbanded, since the Community Development Corporation has assumed its duties. He has drafted a resolution which would dissolve the board. A motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 7656 Dissolving the Downtown Development District Advisory Board. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF IMPROVING ONE BLOCK OF FRANKLIN STREET, PROJECT 84-05 (DEFERRED JANUARY 24, 1984) Discussion on this project reviewed the fact that it is not included in the 1984 project total for bonds and that it can be done by interim financing and included in a later bond issue either in 1984 or in 1985. Residents have requested the improvement due to the condition of the street; improvements on the adjacent section of Franklin Street are not scheduled for immediate consideration. -2- COUNCIL MINUTES FEBRUARY 14, 1984 Alderman Torgerson made a motion to approve the improvement and set public hearing for April 10, 1984 at 8:00 P.M. Motion was seconded by Alderman Mikulecky and carried unanimously. Alderman Torgerson made a motion to waive reading and adopt Resolutions No. 7645 and 7646. Motion was seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF ADVANCE REFUNDING OF 1981 PARKING BONDS (DEFERRED JANUARY 24, 1984) City Administrator Plotz advised that the city is awaiting reports which are needed to study this question. The council requests that bonding consultant Bill Fahey be present when the matter is discussed. On a motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously, the matter was tabled indefinitely. City Administrator Plotz stated that, in the opinion of the Dorsey law firm, this matter would have no effect on any pending litigation. (e) CONSIDERATION OF PROJECT 84-06 FOR LYNDALE AVENUE AND HANSON DRIVE (DEFERRED JANUARY 10, 1984) After discussion, a motion was made by Alderman Mlinar to approve the project including both Lyndale Avenue and Hanson Drive and to set public hearing for April 10, 1984, at 8:00 P.M. Motion was seconded by Alderman Mikulecky. Motion was made by Alderman Carls to waive reading and adopt Resolutions No. 7657 and 7658. Motion seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF PROJECT 83-10, ASSESSMENT ROLL NO. 186 The owner of the only affected property, Lorraine Meyer, wants to do the watermain improvement herself. There was discussion of whether a franchise is necessary in such an instance and whether a number of such private installations would have an adverse effect on the city's long range plan. The City Engineer is working on a plan to make water service for sprinkling systems more accessible to all affected properties. Alderman Torgerson made a motion to waive reading and adopt Resolution No. 7659 Rescinding a Portion of Resolution No. 7633 Entitled "Resolution Adopting Assessment". Motion was seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF PURCHASING WESELOH PROPERTY, 228 MAIN ST. N. (FORMERLY SUNNY'S ANTIQUES LOCATION) (REQUESTED BY ALDERMAN MIKULECKY) It was the consensus of the council that the city is not interested in purchasing this property and that no formal action is necessary. (3) COUNCIL MINUTES FEBRUARY 14, 1984 (h) CONSIDERATION OF PURCHASING ALLEN PROPERTY FOR LIQUOR STORE EXPANSION (REQUESTED BY ALDERMAN MIKULECKY) It was the consensus of the council that the city is not interested in purchasing this property and that no formal action is necessary. 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSED CLOSING OF HUTCHINSON COURT Police Chief Dean O'Borsky requested that this item be dropped from the agenda since he and Clerk of Court Lloyd Lipke are discussing it privately. (b) CONSIDERATION OF AWARDING CONTRACT FOR ARCHITECTURAL SERVICES TO KORNGIEBEL ARCHITECTS, WITH INCLUSION OF CONSULTANT SERVICES OF DAVID R. SMITH, FOR LIBRARY PROJECT (SEE ITEM 4-a (3)) The library board recommends approval of an amended contract which includes the consultant services of David R. Smith. Additional services will be at no extra charge. Alderman Mlinar made a motion to approve and enter into contract for architectural services with Korngiebel Architects, with inclusion of consultant services of David R. Smith. Motion was seconded by Alderman Carls and carried unanimously. (c) CONSIDERATION OF ADOPTING THREE YEAR PLAN FOR SPRINKLING Fire Marshall George Field submitted a sample letter which could be sent to affected property owners informing them of a three year time frame for complying with the fire code sprinkling requirements. Mayor Stearns commented he wishes it could be held off longer while means of helping merchants financially could be investigated. The Community Development Corp. could perhaps help develop a "package" combined with the alley beautification which would help soften the impact of the required improvements. Alderman Torgerson commented he knows as a fireman that many basements are bad, but we can't spring it on people too fast. State Fire Marshal says as long as the city is starting on the problem, this is acceptable. City Attorney Schaefer advised that if we don't send the letter now, it should not be tabled for too long a time. City Administrator Plotz stated he is trying for tax increment financing assistance. No formal action was taken. (d) CONSIDERATION OF APPROVING SPECIFICATIONS FOR DEMOLITION OF PLOWMAN BUILDING AND ADVERTISING FOR BIDS After discussion, Alderman Carls made a motion to approve specifications and advertise for bids for March 6, 1984 at 2:00 P.M. Motion was seconded by Alderman Mlinar and carried. Alderman Mikulecky abstained from voting because of pending litigation. (4) COUNCIL MINUTES FEBRUARY 14, 1984 (e) CONSIDERATION OF AWARDING CONTRACTS FOR 1984 IMPROVEMENT PROJECTS After discussion, a motion was made by Alderman Torgerson to award contracts and waive reading and adopt Resolutions 7645, 7646, 7647, 7648, 7649, 7650, 7651, 7652, 7653 and 7654. Motion was seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HELLAND'S FIFTH ADDITION City Administrator Plotz noted that past subdivision agreements have not been formally approved by the council. It is felt that it is better procedure to have such agreements approved for the record. Alderman Torgerson made a motion to approve and authorize signing the agreement. Motion was seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF WASTEWATER TREATMENT PLANT MODIFICATIONS Maintenance Director Ralph Neumann informed the council that Hutchinson Technology is installing pretreatment facilities which will help reduce our present overload. Other industries are also involved in modifying their output of waste materials. The modifications suggested for the new plant would help make it more efficient. It was noted that the new facility is projected to have a 20 year life. Alderman Mlinar made a motion to approve the treatment plant modifications recommended by Maintenance Director Neumann. Motion was seconded by Alderman Carls and carried unanimously. (h) CONSIDERATION OF TRANSFERRING $59,000 OF THE PROCEEDS FROM THE SALE OF THE OLD ARMORY INTO A SEPARATE INTEREST BEARING ACCOUNT. (REQUESTED! BY ALDERMAN MIKULECKY) Alderman Mikulecky's opinion is that the annual $7000 payment to retire the incurred debt on the new armory shall be made from a separate interest bearing account per city charter. City Attorney Schaefer's opinion is that the old armory and new armory are independent actions and are not linked. The city agreed to assist the National Guard in building a new facility and in a separate action bought their old facility for use as a community facilities/senior activity building. City Administrator Plotz and Mayor Stearns stated their similar understanding of the situation. When the old armory was sold, proceeds of the sale were designated for similar community facility use. Alderman Mikulecky made a motion to transfer $59,000 of the proceeds from the sale of the old armory into a separate account. There was no second to the motion and it failed. No further action was taken. (5) COUNCIL MINUTES FEBRUARY 14, 1984 (i) CONSIDERATION OF FIRE DEPARTMENT PURCHASE OF MISCELLANEOUS ITEMS Alderman Torgerson reviewed the fact that there are funds remaining in the construction bond fund to finish the parking lot and purchase these additional needed items. Any surplus remaining in the bond fund after December 31, 1984, must be returned. After discussion, Alderman Mlinar made a motion to authorize expenditure of $10,747.82 for the items listed. Motion was seconded by Alderman Torgerson. Motion was then amended by Alderman Carls to authorize expenditure of $10,500 for the purchase of the miscellaneous items listed. Seconded by Alderman Torgerson. The expenditure of $10,500 was carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz discussed the key system for the gas pumps used by the city and the school district. It is recommended that an alternative method be used on an experimental basis due to the high maintenance costs and security problems associated with the aging present system. The city would experiment with a card system which would record vehicle, driver and usage. Gasoline could be purchased for 4 14�/gal above cost and no additional maintenance cost. The city would do this with 10 vehicles for about 2 months. Alderman Torgerson made a motion to authorize this trial method for two months. Motion was seconded by Alderman Mlinar and carried unanimously. Future workshop times were established. Council workshop will be held Thursday, February 16, 1984, from 5:15 P.M. to 7:55 P.M. at City Hall. Crow River Cable will be included in the agenda. On Thursday, March 1, 1984, at 5:30 P.M. the council will meet with the Community Development Corp. at the Fire Hall to discuss tax increment financing. (b) COMMUNICATIONS FROM ALDERMAN MIKULECKY Alderman Mikulecky inquired as to the status of the pending litigation against the city. City Attorney Schaefer responded he has not yet been advised by our insurance company as to the name of the attorney who has been assigned to the case. The Dorsey law firm must also provide an opinion on whether we can proceed with tax increment projects at this time. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Alderman Carls made a motion to approve claims except for two, and authorize payment from appropriate funds. Motion seconded by Alderman Mlinar and carried. Alderman Mikulecky abstained from voting on parking bond funds. 12. ADJOURNMENT The meeting adjourned at 9:55 P.M. (6)