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04-24-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 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 David Natwick. 3. MINUTES The minutes of the bid opening dated April 10, 1984 were approved as presented, and the minutes of the regular meeting dated April 10, 1984 were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. MONTHLY FINANCIAL REPORT - MARCH 1984 2. PLANNING COMMISSION MINUTES DATED APRIL 3, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 193 - PROJECT 84-01, PART II, HILLTOP ADDITION (HEARING ADJOURNED APRIL 10, 1984) Alderman Mikulecky stepped down from the Council table and joined the audience. Mayor Stearns called the adjourned hearing to order at 8:00 P.M. Mr. Pat Mikulecky, 385 Connecticut Street, reported the Hilltop Addition neighborhood had met and arrived at an unanimous decision. None of the property owners felt they should be held to a subdivision agreement not everyone was knowledgeable of. An alternative was presented in the form of a petition which proposed that the project be assessed the same as other City assessments. Four property owners would pay $1,373.60 each, six property owners would pay $1,116.05 each, and the five property owners on Shady Ridge Road would be assessed nothing, with the City picking up .91 COUNCIL MINUTES APRIL 24, 1984 the cost of $13,800. It was requested that the Council approve assess- ment roll No. 193 and proceed with the project as requested. During lengthy discussion, it was pointed out that the assessments were being decreased. The citizens of the City would be charged $13,809 ad valorem tax for the assessments dropped from assessment roll No. 193. Alderman Torgerson made the motion to continue the hearing on project 84-01 until the May 8, 1984 Council meeting. Motion seconded by Alder- man Carls and unanimously carried 4-0. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR PARADE PERMIT FOR ANNUAL MEMORIAL DAY PARADE ON MAY 28, 1984 Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and issue the parade permit and to waive the permit fee. Motion approved unanimously. (b) CONSIDERATION OF REQUEST FOR STREET IMPROVEMENT ON THIRD AVENUE NORTHWEST A request was received from Hutchinson Computer Industries, Inc. that oil be placed on the street in front of their building on Third Avenue North- west. orth- west. The City Engineer recommended the request be granted inasmuch as the street was oiled prior to construction in the area. After discussion, it was moved by Alderman Torgerson to approve the street improvement on Third Avenue Northwest. Motion seconded by Alderman Carls and unanimously passed. (c) CONSIDERATION OF COMPENSATION FOR JOINT AIRPORT ZONING BOARD (REQUESTED BY WAYNE OLIVA) Mr. Wayne Oliva stated that although the Joint Airport Zoning Board had completed its task, the board would still continue to exist. It was his opinion that the board members should be compensated for the meetings they attended. County Commissioner Howard Christensen reported he had been contacted re- garding pay per diem. The County would pay a similar board $25 per diem plus necessary expenses. Since the County was asked to appoint someone to serve on the Joint Airport Zoning Board, the City of Hutchinson should pay the compensation inasmuch as they own the airport and requested the zoning. Mr. Melvin Kobow, Chairman of Hassan Valley Township, commented there had been a total of 11 meetings attended, and he felt the board should be com- pensated. They had put in much time and accomplished their goal. IWZ COUNCIL MINUTES APRIL 24, 1984 City Administrator Plotz stated the zoning on the airport dated back sev- eral years to a previous board that had been appointed. The board was re- formed and the membership changed. He pointed out that some cities pay their various boards and commissions while others do not. The City of Hutchinson does not compensate its boards and commissions, with the ex- ception of the Utilities Commission. It would involve a policy change and set a new precedent. Mr. Plotz commented that the airport zoning ordinance had been adopted, and therefore, the Board of Adjustment would hold very few meetings. Following discussion, Alderman Torgerson made the motion to defer the item until the May 8, 1984 City Council meeting for additional input and infor- mation. Alderman Mikulecky seconded the motion, and it carried unanimously. City Administrator Plotz was directed to survey other communities regard- ing their policy for compensation of boards and commissions and to deter- mine what costs the Joint Airport Zoning Board members incurred. (d) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve and issue the requested permits and to waive the fees. Motion approved unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7718 - RESOLUTION RESCINDING A PORTION OF RESOLUTION NO. 7633 ENTITLED "RESOLUTION ADOPTING ASSESSMENT" Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 7718. Mo- tion unanimously carried. (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 TRANS- IENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF" After discussion, Alderman Carls moved to waive the second reading and adopt Ordinance No. 682. The motion was seconded by Alderman Mlinar and unanimously passed. -3- COUNCIL MINUTES APRIL 24, 1984 (c) RESOLUTION NO. 7708 - RESOLUTION FOR PURCHASE Alderman Mikulecky moved to waive reading and adopt Resolution No. 7708. Motion seconded by Alderman Mlinar. Director Bruce Ericson requested to amend the Resolution for Purchase to include purchasing the following for the parks concession stand: echo sno-cone ($420.00), Nachto's chip warmer ($180.00), corn dog fryer ($459.00), and butter dispenser ($199.95) for a total of $1,258.95. Alderman Mikulecky moved to amend the motion to include the above items. Motion seconded by Alderman Mlinar and carried unanimously for the amend- ment. Motion unanimously approved. (d) RESOLUTION NO. 7723 - RESOLUTION OF APPRECIATION FOR JULIE HAAG Mayor Stearns read the Resolution of Appreciation and presented it to Julie Haag with best wishes in her new job. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to adopt Resolution No. 7723. Motion carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING SALE FOR PURCHASE OF BONDS AND ADOPTING RESOLUTIONS: 1. RESOLUTION NO. 7709 - RESOLUTION RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1984, $750,000 GENERAL OBLIGATION LIBRARY BONDS OF 1984 AND $765,000 GENERAL OBLIGATION PARKING IM- PROVEMENT REFUNDING BONDS OF 1984; AWARDING THE SALE THEREOF Mr. Dick Ehlers, President of Ehlers & Associates, stated that three bids were received today, and it was his recommendation to award the sale of the 1984 General Obligation Bonds to First National Bank of Minneapolis. He also stated the amount of the general obligation parking improvement refunding bonds of 1984 was amended from $765,000 to $780,000..since the bond issue was increased. Mr. Ehlers explained the refunding procedure. It was his suggestion that City officials meet with Moody representatives on May 2 when they were in the Twin Cities. Following discussion, the motion was made by Alderman Mlinar to waive reading and adopt Resolution No. 7709 as amended. Motion seconded by Alderman Torgerson and approved unanimously. 2. RESOLUTION NO. 7710 - RESOLUTION RELATING TO $1,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1984; FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION, DELIVERY AND SECURITY THEREOF AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF -4- COUNCIL MINUTES APRIL 24, 1984 After discussion, Alderman Torgerson moved to waive reading and adopt Reso- lution No. 7710. Alderman Mikulecky seconded the motion, and it unanimously carried. 3. RESOLUTION NO. 7711 - RESOLUTION RELATING TO $750,000 GENERAL OBLIGATION LIBRARY BONDS OF 1984; FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR Following discussion, it was moved by Alderman Carls, seconded by Alder- man Mlinar, to waive reading and adopt Resolution No. 7711. Motion unani- mously passed. 4. RESOLUTION NO. 7712 - RESOLUTION RELATING TO $765,000 GENERAL OBLIGATION PARKING IMPROVEMENT REFUNDING BONDS OF 1984; FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION, DELIVERY AND SECURITY THEREOF After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Mikulecky, to waive reading and adopt Resolution No. 7712 and to amend the amount to $780,000. Motion approved unanimously. (b) CONSIDERATION OF LAWSUIT STIPULATION OF SETTLEMENT WITH JAMES G. DEMEYER: 1. RESOLUTION NO. 7713 - RESOLUTION RELATING TO INTER -FUND LOAN AUTHORIZED ON JULY 19, 1979 City Attorney Schaefer explained he had transferred the stipulations of settlement into resolutions and reviewed their contents. Following discussion, Alderman Mlinar moved to waive reading and adopt Resolution No. 7713. The motion was seconded by Alderman Mikulecky and passed unanimously. 2. RESOLUTION NO. 7714 - RESOLUTION RELATING TO TAX INCREMENT AREA FOUR OF DEVELOPMENT DISTRICT NUMBER FOUR OF THE CITY OF HUTCHINSON After discussion, it was moved by Alderman Torgerson, seconded by Alder- man Mlinar, to waive reading and adopt Resolution No. 7714. Motion unani- mously carried. 3. RESOLUTION NO. 7715 - RESOLUTION RELATING TO THE REFUNDING OF THE PARKING IMPROVEMENT BONDS OF AUGUST 1, 1981 Following discussion, the motion was made by Alderman Mlinar to waive reading and adopt Resolution No. 7715. Motion seconded by Alderman Carls and approved unanimously. Q.1M COUNCIL MINUTES APRIL 24, 1984 4. WARRANTY DEED FOR S & L REHAB After discussion, Alderman Mlinar moved to approve signing the warranty deed. Motion seconded by Alderman Carls and unanimously passed. 5. WARRANTY DEED FOR CITIZENS BANK & TRUST CO. It was moved by Alderman Mlinar, seconded by Alderman Carls, to approve signing the warranty deed. Motion carried unanimously. 6. WARRANTY DEED FOR EMMET MCCORMICK Following discussion, the motion was made by Alderman Mlinar to approve signing the warranty deed. Alderman Carls seconded the motion, and it was unanimously approved. City Attorney Schaefer reported the stipulation of dismissal for James G. DeMeyer had been signed by the former, and it would be signed by the City Attorney, which would dismiss the case. (c) CONSIDERATION OF CONTOUR MAPPING FOR CITY During discussion the suggestion was made to advertise for bids on the con- tour mapping work. City Attorney Schaefer referred to the municipal con- tracting statute and stated the law did not require this type of contract to be let out for bids. Alderman Carls moved to defer action for the City Engineer to prepare a report on references of companies that offer contour mapping services. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF SETTING NEW HEARING DATE FOR PROJECT N0. 83-02 It was reported that the Dorsey & Whitney law firm had notified the City of the necessity to set a new hearing for project No. 83-02. The project was approved on June 28, 1983 by a 3-2 vote, but a four-fifths vote of the Council membership was required by law. In addition, six months had elapsed since the hearing was held. After discussion, the motion was made by Alderman Mlinar to approve the hearing for May 8, 1984 at 8:00 P.M. and to waive reading and adopt Reso- lution No. 7724. Alderman Torgerson seconded the motion, and it passed unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS COUNCIL MINUTES APRIL 24, 1984 No one was present to request an extension of the payment period. Upon motion by Alderman Carls, seconded by Alderman Mlinar, it was moved to authorize discontinuation of service at noon on April 30 unless special arrangements had been made. Motion carried unanimously. (b) CONSIDERATION OF ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES: 1. PIZZA HUT 2. J'S PIZZA GARTEN 3. GOLD COIN CHINESE RESTAURANT 4. GODFATHER'S PIZZA 5. CHRISTY'S 6. T. L. SCALAWAGS 7. LITTLE CROW BOWLING LANES 8. CROW RIVER COUNTRY CLUB Following discussion, it was moved by Alderman Mlinar to approve and is- sue the malt liquor licenses. Alderman Mikulecky seconded the motion, and it unanimously carried. (c) CONSIDERATION OF OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSES: 1. HUTCHINSON WAREHOUSE GROCERY 2. HUTCHINSON TOM THUMB FOOD MARKET 3. SOUTHTOWN MOBIL 4. MIKE'S MOBIL 5. ERICKSON'S BIG "D" SUPERMARKET 6. ONE-STOP GAS 'N GROCERY 7. GEORGE'S FOOD AND FUEL After discussion, Alderman Torgerson, seconded by Alderman Carls, moved to approve and issue the off -sale malt liquor licenses. Motion approved unanimously. (d) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY DALE LEE ROSS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Dale Lee Ross submitted an application for a variance to allow a front yard setback for construction of a garage at 706 Hassan Street. Following discussion, the motion was made by Alderman Mikulecky to approve the variance and to waive reading and adopt Resolution No. 7720. Alder- man Torgerson seconded the motion, and it unanimously passed. (e) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR LIBRARY SQUARE EAST SUBMITTED BY RICHARD LARSON BUILDERS WITH FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION -7- COUNCIL MINUTES APRIL 24, 1984 Mr. Richard Larson submitted an application for a preliminary and final plat for Library Square East. It was the recommendation of the Planning Commission to approve the plat. After discussion, Alderman Torgerson moved to approve the preliminary and final plat and to waive reading and adopt Resolution No. 7721. Alderman Mlinar seconded the motion, and it carried unanimously. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HAVTI WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES The Hutchinson Area Vocational Technical Institute requested a condi- tional use permit to allow moving in an additional portable training unit at the school site. A similar request for a training unit was granted in 1982. The Planning Commission recommended approval of the conditional use permit, contingent upon the renewal of the former conditional use permit, that there be 10 feet between the units, and that the permit be reviewed each year, beginning in June of 1985. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the permit and to waive reading and adopt Resolution No. 7719 with contingencies. Motion approved unanimously. (g) CONSIDERATION OF RENEWING CONDITIONAL USE PERMIT TO HAVTI FOR PLACEMENT OF PORTABLE TRAINING UNIT WITH FAVORABLE RECOMMENDATION OF PLANNING COM- MISSION In February of 1982 a conditional use permit was granted to HAVTI to allow moving in a portable training unit on the school property. The Planning Commission recommended approval of renewing said permit, with the permit to be reviewed and renewed each year beginning in June of 1985. After discussion, it was moved by Alderman Torgerson to approve the re- newal of the conditional use permit and to waive reading and adopt Reso- lution No. 7722. The motion was seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF REMOVING METER POSTS AND SELLING METER HEADS Director Ralph Neumann requested permission from the Council to remove parking meter posts and to advertise for bids on the meter heads. Following discussion, Alderman Carls made the motion to approve and auth- orize advertising for bids on the meter heads. Alderman Mlinar seconded the motion, and it unanimously passed. (i) CONSIDERATION OF ENTERING INTO CONTRACT WITH SOIL EXPLORATION COMPANY FOR LIBRARY ADDITION an COUNCIL MINUTES APRIL 24, 1984 During discussion Mayor Stearns suggested taking soil borings at the Lin- den Park site in conjunction with the borings at Library Square. It would save the City money to have the company do both at the same time. Alderman Torgerson moved to approve and authorize entering into a con- tract with Soil Exploration Company for two soil borings at Library Square and three soil borings at the Linden Park site. Alderman Carls seconded the motion, and it unanimously carried. (j) CONSIDERATION OF HELLAND'S FIFTH ADDITION, PROJECT NO. 84-07 The City Engineer reported that in accordance with the subdivision agree- ment, project No. 84-07 included sanitary sewer, watermain, storm sewer and gravel base on School Road from Seventh Avenue to the north line of the plat. In order to proceed with the project, it would be necessary to order the report at an estimated cost of $28,600 and to call for a hearing on May 8, 1984 at 8:00 P.M. After discussion, it was moved by Alderman Torgerson, seconded by Alder- man Mlinar, to approve project 84-07, set the hearing for May 8, 1984 at 8:00 P.M. and to waive readings and adopt Resolutions No. 7725 and No. 7726. Motion approved unanimously. (k) CONSIDERATION OF POLICY CHANGE FOR CONSTRUCTION WATER RATES It was recommended by staff that the City of Hutchinson change its policy on the water rate for temporary and construction water supply from $15 per month to $5 per day of service, with a minimum charge of $15. Following considerable discussion, the motion was made by Alderman Torger- son to approve the policy change and waive first reading of Ordinance No. 5/84 and set second reading for,May 8, 1984. Motion seconded by Alderman Mlinar and carried, with Alderman Mikulecky voting nay. (1) CONSIDERATION OF CIVIC ARENA HEATING SYSTEM Director Bruce Ericson reported two bids were received for a Civic Arena heating system in the bleacher area. It was his recommendation to accept low bid from Specified Mechanical Systems in the amount of $6,936. In addition, the company had given a price of $1,800 to heat the lobby area, with a written guarantee on the price until next year. The City would be under no obligation to purchase at that time. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the heating system at a cost of $6,936. Motion unanimously approved. COUNCIL MINUTES APRIL 24, 1984 (m) CONSIDERATION OF AUTHORIZATION TO SUBMIT PRELIMINARY LAWCON APPLICATIONS Director Bruce Ericson requested authorization from the Council to sub- mit two preliminary LAWCON applications. The first application would be for a renovation project of the ball field at Tartan Park. The second application would provide a surfaced parking lot at the arena site, to include additional parking and fencing necessary for future expansion. The two projects would be on a cost sharing basis with a 50/50 split. Following discussion, Alderman Mlinar made the motion to approve and waive readings and adopt Resolutions No. 7716 and No. 7717. Alderman Mikulecky seconded the motion, and it passed unanimously. (n) CONSIDERATION OF APPOINTING CHIEF OF STAFF TO HOSPITAL BOARD AND AMENDING CITY ORDINANCE, SECTION 235:05 It was reported the City Ordinance, Section 235:05, stated the Chief of Staff of the hospital was an ex -officio, non-voting member of the Hospital Board. The Hospital Board requested an amendment to the Ordinance to al- low the Chief of Staff to serve as a voting member of the board. After discussion, the motion was made by Alderman Carls, seconded by Ald- erman Mikulecky, to ratify the appointment of Dr. William O'Brien, Chief of Staff, as a voting member of the Hospital Board and to waive first read- ing of Ordinance No. 6/84 and set second reading for May 8, 1984. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated the Fire Department would be honoring five retiring firemen at a recognition dinner Saturday night. Therefore, the City Council was requested to adopt Resolutions of Appreciation for Har- land Emans, Sheldon Nies, Wayne Karg, Myron Johnson, and Lowell Peterson. Alderman Mlinar moved to approve the recognition and to waive readings and adopt Resolutions No. 7727 through No. 7731. Motion seconded by Alderman Mikulecky and approved unanimously. Mr. Plotz informed the Council that it would need to appoint an airport zoning administrator in the near future. The position could be filled by the City Engineer, Building Official, City Attorney, or the City Adminis- trator. The Council was told that the April 25 workshop had been canceled. In the past the City Council had met annually with the County Commissioners -10- COUNCIL MINUTES APRIL 24, 1984 and Utilities Commission to discuss mutual concerns. After discussion of dates, May 8 at 4:00 P.M. was selected for the Council workshop and the evening of May 11 for a joint meeting with the County Commissioners. Mention was made that the first Council meeting in June would be on the opening date of the League of Cities Conference in -Duluth. It was the consensus of the Council to reschedule the City Council meeting for Mon- day night, June 11. Mr. Plotz reported that Brown's Greenhouse had requested a temporary sign permit for the month of May. It would be a portable sign and placed on property owned by Northland Beverage. Following discussion, Alderman Mlinar moved to approve the temporary sign permit. Motion seconded by Alderman Mikulecky and unanimously passed. (b) COMMUNICATIONS FROM MAYOR Mayor Stearns commented on the department head and City Council meeting held last week. He stated it was a worthwhile meeting. After discussion, it was decided to change the meeting time to 4:30 P.M. on the third Tues- day of the month. (c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the line item regarding tax increment on the county's tax statement. Administrator Plotz reported he had contacted the county treasurer, and it was her understanding the matter had been handled correctly. Ms. Lorraine Lindeman will contact the Department of Revenue,as well as other counties,regarding this matter. Alderman Carls felt the issue should be clarified. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Carls made the motion to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Mlinar and unani- mously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:37 P.M. -11-