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04-10-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 1984 1. The meeting was called to order at 7:30 P.M. by Mayor Stearns. The following were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Tor- gerson, Alderman Pat Mikulecky and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of March 27, 1984 were approved as pre- sented. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S MONTHLY REPORT - MARCH 1984 2. PLANNING COMMISSION MINUTES DATED FEBRUARY 21, 1984 3. TREE BOARD MINUTES DATED FEBRUARY 15, 1984 4. PARK & RECREATION BOARD MINUTES DATED MARCH 14, 1984 AND FEBRUARY 1, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. (b) CONSIDERATION OF APPOINTMENTS TO LIBRARY BOARD: 1. JOHN HORROCKS 2. ELAINE CLAY 3. SUE O'BRIEN It was moved by Alderman Mlinar to ratify the appointments to the Library Board. Motion seconded by Alderman Carls and carried unanimously. (c) RESOLUTION NO. 7692 - RESOLUTION FOR PURCHASE After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 7692. Motion unanimously approved.. COUNCIL MINUTES APRIL 10, 1984 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 193 - PROJECT 84-01, PART II, HILLTOP ADDITION Mayor Stearns called the hearing to order at 8:00 P.M. Alderman Mikulecky stated he would be speaking as a citizen during the hear- ing and ncrt as a Council member. He then stepped down from the Coun- cil table and joined the audience. City Engineer Priebe explained the procedure for calculating the total cost of the assessment on project 84-01, part II. He stated it was City policy to include in the assessment the costs for engineering services, administration and capitalized interest, not to exceed 25 percent. Mr. Pat Mikulecky, 385 Connecticut, raised a question regarding Resolu- tion No. 7670. He wanted to know why the residents were being assessed $26,000, which was in excess of the bid price; .and further, if there was a Resolution authorizing this over -charge by the City. Mr. Mikulecky also questioned the amount of the fee charged for engineering services. He commented that a resident had put in a street at 40 percent less than City cost. The City Engineer responded that engineering and administrative fees and capitalized interest were allowable charges under Statute 429. He further commented that the street referred to had no engineering cost involved, and it was approved by the previous City Council, not the City Engineer. Atty.. Bill Haas stated he was present to represent his three clients, namely: Mr. and Mrs. Richard Bautch, Bonnie Brown and Judy Kopesky. He reminded the Council members of the discussion at the March 27, 1984 City Council meeting and commented that the position of his clients had not changed. He then asked the City Attorney about the 15 lots in the subdi- vision and the validity of the subdivision agreement. Attorney Schaefer stated that the subdivision agreement could not be en- forced if it were treated as a contract since it was not filed and did not contain clauses binding the signees of the subdivision. There is no requirement for a specific method of assessment, and the City can change its method as long as it is uniform and does not exceed the benefit to the individual property. Mayor Stearns made an offer to divide the cost from the three assessed properties in question between the City and the 12 property owners in Hilltop Addition if they would agree to sign a waiver with the City. Then the project could go forward. IWAI COUNCIL MINUTES APRIL 10, 1984 Ms. Judy Kopesky, 430 Shady Ridge Road, stated the problem was with the subdivision agreement. She hoped that in the future subdivision agree- ments would be properly recorded. Mr. Mikulecky commented he was agreeable to paying his assessment and to deleting the property owners on Shady Ridge Road. However, he didn't feel he should pay for extra assessments due to someone's error 13 or 14 years ago. Following discussion, Alderman Carls requested the residents in Hilltop Addition to meet and work out an agreement for paying the assessment costs on the street project. It was moved by Alderman Torgerson to adjourn the hearing at 8:48 P.M. until the April 24, 1984 meeting at 8:00 P.M. Motion seconded by Alder- man Mlinar and unanimously approved. (b) IMPROVEMENT PROJECT NO. 84-05, FRANKLIN STREET (ONE BLOCK) City Engineer Priebe reported on project 84-05. The estimated cost for the improvement on Franklin Street from Second Avenue Southwest to First Avenue Southwest by the construction of grading, gravel base, bituminous base, bituminous wear course, curb and gutter and appurtenances was $39,000. The question was raised if the cost of project No. 84-05 had been included in the bond sale. The answer was "no." However, Richard Larson's project No. 84-02, Kimberly Country Estates, would be deleted from the bond sale. Therefore, the $38,421.75 allocated funds would be available for the Frank- lin Street project. After discussion, Alderman Mlinar made the motion to close the hearing at 8:52 P.M. Alderman Torgerson seconded the motion, and it carried unani- mously. Alderman Torgerson moved to approve project No. 84-05 and to waive read- ing and adopt Resolution No. 7696. The motion was seconded by Alderman Mikulecky and passed unanimously. (c) IMPROVEMENT PROJECT NO. 84-06, LYNDALE AVENUE AND HANSON DRIVE The City Engineer commented that two proposals were submitted to the Coun- cil. The improvement project will consist of construction of grading, gravel base, bituminous base, wearing surface, curb and gutter and appur- tenances on Lyndale Avenue from Merrill -Street to Lynn Road and Hanson Drive from Lyndale Avenue to south termini. The estimated cost of the im- provement is $15,400. Mr. Lloyd Nadrehal, 515 Lyndale Avenue, raised a question regarding curb and gutter and the cost for the overlay. 99z COUNCIL MINUTES APRIL 10, 1984 Mr. Floyd Hoel, 870 Hanson, inquired about the expense on Hanson Drive. It was his opinion that the street needed a wear course to save the street. He did not sign the petition, but he was in favor of the project on Han- son Drive. Ms. Arlene Schuette, 870 Lynn Road, stated she lived on the corner of Lynn and Lyndale. She asked about the assessment for a corner lot. Ms. Schuette had signed the petition under the belief that the City would pay the project cost. Since it was signed under untrue facts, she requested her name be removed from the petition. Mr. Don Steffen, 175 Arch, questioned why the street was being changed from a "B" to a "C" classification. During discussion it was pointed out that money was not included in the bond sale to cover project No. 84-06. Bond consultant Bill Fahey stated that the amount for the Kimberly Country Estates project No. 84-02 could be used to pay for this project. Alderman Torgerson moved to close the hearing at 9:15 P.M. Motion seconded by Alderman Mlinar and unanimously approved. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to ap- prove project No. 84-06 and to waive reading and adopt Resolution No. 7697. Motion approved unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TWO SIGNS ON SHADY RIDGE ROAD It was requested that a "Slow - Watch Out for Children" sign be placed on each end of Shady Ridge Road for the safety of the children in the area. Following discussion, Alderman Torgerson made the motion to approve the request for two signs. Motion seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF REQUEST BY RICHARD LARSON TO DEFER IMPROVEMENT PROJECT NO. 84-02, KIMBERLY COUNTRY ESTATES City Engineer Priebe reported that Richard Larson had requested to delay the improvements for project No. 84-02, Kimberly Country Estates, until 1985. The allocated funds would remain in the bond sale, and the contract would be in effect. After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Mikulecky, to approve deferment of project No. 84-02 until 1985. Mo- tion passed unanimously. -4- COUNCIL MINUTES APRIL 10, 1984 (c) REPORT ON LIBRARY ADDITION Mr. John Horrocks, a member of the library building committee, reported that Korngiebel Architects had met with the State Historical Society architects. The firm was advised that the original design of a plaza effect on the front and side of the building and addition underground would interfere with the listing as a historical site. Therefore, a new design was being drafted to expand to the rear and sides of the existing building on grade level. The present lower level would not be used by the public, except perhaps for restrooms. The question was posed whether there would be enough money from the ref- erendum to meet the expenses of the new design. It was reported that the final cost for the new drawings had not yet been determined, and it would be approximately six weeks before the working design would be available. Construction would be delayed until 1985. (d) REPORT ON SWIMMING POOL AND RECREATION FACILITIES Director Bruce Ericson presented a drawing of the proposed recreational facility. He stated that Korngiebel Architects estimated the cost to be $782,580 for a field house and $225,000 for a 7,000 square foot outdoor pool. An additional $75,000 would include a stainless steel walls and bottom in the swimming pool. A wading pool would cost $8,000, and solar heat would be approximately $20,000. During discussion, it was suggested that the proposed meeting room and weight room be eliminated from the plan. With these two deletions, the cost of the proposed project would be reduced to approximately $700,000. City Engineer Priebe recommended soil borings be taken of the proposed site area to determine if additional costs would be required for fill, etc. Mayor Stearns suggested holding a workshop in the near future to discuss the proposed recreational facility and to invite representatives from various organizations to be present. (e) REPORT ON ALTERNATIVES FOR RELOCATION OF POLICE DEPARTMENT FACILITIES Police Chief Dean O'Borsky reviewed the four proposed sites for reloca- tion of the police department. He requested the Council to allocate the funds from the federal revenue sharing account for the new police station. Mayor Stearns stated the Council was not ready to take said action at this time. During discussion, Alderman Mikulecky suggested an alternative site of the City parking lot on Franklin Street and the adjoining lot at 16 Franklin Street South. Further review will be given to the proposed sites at a Council workshop. -5- COUNCIL MINUTES APRIL 10, 1984 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7691 - RESOLUTION ACCEPTING $62,500 FROM HUTCHINSON UTILITIES COMMISSION After discussion, it was moved by Alderman Carls to waive reading and adopt Resolution No. 7691. Motion seconded by Alderman Torgerson and approved unanimously. (b) ORDINANCE NO. 4/84 - AN ORDINANCE AMENDING SECTION 1(C) OF ORDINANCE NO. 673 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF" Following discussion, Alderman Torgerson made the motion to approve the amendment and to waive the first reading of Ordinance No. 4/84 and set the second reading for April 24, 1984. Alderman Mlinar seconded the mo- tion, and it carried unanimously. (c) RESOLUTIONS NO. 7698 THROUGH NO. 7705 - RESOLUTIONS OF APPRECIATION FOR VOLUNTEERS: 1. ADAIR PAULSON 2. SUE WETTERLING 3. HOLLY JONES 4. LEISA SIMONS 5. KAREN GREVE 6. JILL DAHLE 7. MICHELLE COX 8. STEPH MUMM It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to waive readings and adopt Resolutions No. 7698 through No. 7705. Motion passed unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR PURCHASE OF BONDS Consultant Bill Fahey, Ehlers & Associates, stated that bonds were not sold today as scheduled due to a default in meeting the advertisement deadline. Therefore, the Council would need to adopt a resolution post- poning the sale and rescheduling it for April 24, 1984 at 11:30 A.M. Since the federal reserve had increased the discount rate last Friday, the rates should be lower by the time of the sale. Alderman Mlinar moved to postpone the sale of bonds and to reschedule the sale for April 24, 1984 at 11:30 A.M. and to waive reading and adopt Im COUNCIL MINUTES APRIL 10, 1984 Resolution No. 7706. Motion seconded by Alderman Torgerson and unan- imously approved. Mr. Fahey reported the Council would also need to adopt a resolution to repeal Resolution No. 7667 for the sale of the bonds. It was moved by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution.No. 7707 to repeal Resolution No. 7667. The motion carried, with Alderman Mikulecky abstaining from voting. Mr. Fahey stated the City of Hutchinson had received an "A" rating from Moody Rating Services, and a credit report will be forthcoming from them which will list the City's weaknesses. He felt the City should pursue an "A-1" rating and suggested that he and several City officials travel to New York to visit with Moody officers. It was reported by Mr. Fahey that a new program was available to create a housing/loan pool for an interest rate reduction program. He will put together a package of material for presentation to the Council. (b) CONSIDERATION OF AWARDING BID FOR PURCHASE OF TWO PICK-UP TRUCKS Director Ralph Neumann reported on the bids received and recommended awarding the bid for two pick-up trucks to Swanke Motors, low bidder, in the amount of $7,625.74 each. Following discussion, the motion was made by Alderman Carls to approve the contract for two City vehicles to Swanke Motors for the price quoted. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF PHYSICAL FITNESS PROGRAM FOR POLICE DEPARTMENT (DEFERRED FEBRUARY 28, 1984) Police Chief O'Borsky commented on the proposed physical fitness program for the police department. The program will be mandatory for the licensed police personnel and will be on a voluntary basis for the other personnel. The approximate cost of the equipment and physical exams ($165 per person) would be $4,200. After discussion, Alderman Mikulecky moved to approve the physical fitness program. The motion was seconded by Alderman Torgerson and unanimously ap- proved. 9. NEW BUSINESS (a) CONSIDERATION OF ESTABLISHING DATE OF JUNE 1, 1984 FOR BOARD OF REVIEW -7- COUNCIL MINUTES APRIL 10, 1984 It was reported that the County Assessor's office had established the date of June 1, 1984 for the local Board of Review. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to set the date of June 4, 1984 for the Board of Review. Motion unani- mously carried. The City Administrator would contact the County Assessor regarding the change of date. (b) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JIM REID TO MCLEOD COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Planning Commission recommended approval of the sketch plan submitted by Jim Reid for property located within the two mile radius of the City, contingent upon it remaining residential or agricultural and approved by the State Highway Department and County. Following discussion, Alderman Torgerson moved to recommend approval of the sketch plan to McLeod County. Alderman Carls seconded the motion.. Alderman Torgerson amended his motion that the land remain residential and the sketch plan be approved by the township and County. The motion was seconded by Alderman Carls and the amendment unanimously passed. The motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY V.F.W. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A request was submitted by the V.F.W. Post 906 for a conditional use per- mit to allow moving a house located at 26 Adams Street to the lot immedi- ately north of 645 Franklin Street South (Lot 7, Block 10 Bonniwell's Sec- ond Addition). It was the recommendation of the Planning Commission to grant the conditional use permit. After discussion, it was moved by Alderman Mikulecky, seconded by Alder- man Carls, to approve the conditional use permit and to waive reading and adopt Resolution No. 7693. Motion approved unanimously. (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY RITEWAY AUTOWASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The owner of Riteway Autowash requested a conditional use permit to allow construction of a 37' by 40' addition to the north end of an existing non- conforming structure located at 595 South Jefferson Street. The Planning Commission recommended approving the request. Following discussion, Alderman Carls made the motion to approve the condi- tional use permit and to waive reading and adopt Resolution No. 7694. The motion was seconded by Alderman Mikulecky and passed unanimously. COUNCIL MINUTES APRIL 10, 1984 (e) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY RITEWAY AUTOWASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A variance was requested by the owner of Riteway Autowash to allow a 20' front yard setback for the construction of a 37' by 40' addition to the north end of an existing non -conforming structure located at 595 South Jefferson Street. The recommendation of the Planning Commission was to grant the variance. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the variance and to waive reading and adopt Resolution No. 7695. Motion unanimously carried. (f) CONSIDERATION OF REQUEST SUBMITTED TO MCLEOD COUNTY FOR PLACEMENT AND OPERATION OF BITUMINOUS PLANT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported that William Arndt and Mathilda Radunz had submitted to the County a request for conditional use permits for the placement and operation of a bituminous plant within the two mile radius of the City. The Planning Commission recommended approval of same. Following discussion, Alderman Torgerson moved to approve the application to the County. Motion seconded by Alderman Mikulecky and passed unanimously. (g) CONSIDERATION OF CONTOUR MAPPING FOR CITY City Engineer Priebe reported the State had requested data and contour mapping of the City in conjunction with the water treatment plant sites. The present maps are about 20 years old; and he, therefore, requested per- mission to have new mapping done. The cost could be included in the 1985 budget. Mr. Priebe will prepare information and make a presentation at a future Council meeting. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that at the February 28, 1984 Council meeting a request by Faith Lutheran Church for additional alley lighting had been referred to Hutchinson Utilities. The utilities had informed him the cost for installing the light would be $150 to $200. Also, the cost for additional alley lighting must be paid by the requestee. The church would be informed of this matter. After discussion, Alderman Carls moved to approve the alley lighting. Motion seconded by Alderman Torgerson and unanimously approved. COUNCIL MINUTES APRIL 10, 1984 During discussion it was determined that a City Council workshop to discuss the proposed recreation facility/swimming pool and new police station would be held on April 25, 1984 at 7:00 P.M. in City Hall. Mr. Plotz commented that a recognition award presentation would be held on April 30, 1984 at 5:00 P.M. in Le Bistro's meeting room to honor the retired City Council members and former Mayor. Invitations would be forthcoming. (b) COMMUNICATIONS FROM MAYOR STEARNS Mayor Stearns reported that signed papers for the stipulation of settle- ment on the lawsuit between the City of Hutchinson and James G. DeMeyer were received for signature. The lawsuit had cost the taxpayers approx- imately $2,000 in time and taxes. The necessary resolution(s) would be adopted at a future Council meeting. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the recent meeting of the Highway Depart- ment. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson requested the Council's opinion on extending the re- modeling on the exterior of the liquor store to the end of the building. It would cost approximately $1,800 to continue the project. During dis- cussion, it was suggested the additional funding should be spent on car- peting. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported the County Recorder had contacted him re- garding Wally Teich's sketch plan for Section 12, Lynn Township. The Coun- cil approved the sketch plan on May 24, 1983, but to date the sketch plan had not been recorded with the County. If not filed within 60 days, it would be considered void. The County Recorder, therefore, requested reaf- firmation from the City that it was not voiding the plat. Following discussion, the motion was made by Alderman Carls to approve the plat located on South Grade Road and notify County of same. Motion seconded by Alderman Mlinar and unanimously passed. (f) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported the final plat for Helland's Fifth Addition had been signed. Further reports will be forthcoming. -10- COUNCIL MINUTES APRIL 10, 1984 Mr. Priebe mentioned there might be funding available from the Corps of Engineers to do channel work. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Mikulecky raised several questions regarding bills submitted for payment. After discussion, the motion was made by Alderman Mlinar to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Carls and approved unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:45 P.M. -11-