Loading...
05-08-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 8, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. 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 Eldon Albin. 3. MINUTES The minutes of the bid openings of April 24, 1984 and May 1, 1984 and the regular meeting of April 24, 1984 were approved as presented. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1984 2. PARKS & RECREATION BOARD MINUTES DATED APRIL 4, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. (b) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL AT ROBERTS PARK CONCESSION STAND Following discussion, Alderman Torgerson moved to approve and issue a cigarette license to the Parks and Recreation Department and to waive said fee. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR AND CITY ENGINEER TO ATTEND FINANCIAL AND MANAGEMENT CAPABILITY WORKSHOPS ON MAY 15-16, 1984 After discussion, the motion was made by Alderman Carts, seconded by Alderman Mlinar, to approve attendance at the workshops. Motion passed unanimously. (d) RESOLUTION NO. 7746 - RESOLUTION FOR PURCHASE Following discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Torgerson, to waive reading and adopt Resolution No. 7746. Motion unanimously approved. 0 COUNCIL MINUTES MAY 8, 1984 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT 83-02 Mayor Stearns called the hearing to order at 8:00 P.M. City Engineer Priebe explained why the second hearing was required on project 83-02. He then reported that the improvement included sanitary sewer, storm sewer, and grading, gravel base and curb and gutter at an estimated cost of $240,000. None of the affected property owners were present for the hearing. Ald- erman Torgerson moved to close the hearing at 8:07 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson made the motion to approve the project and waive read- ing and adopt Resolution No. 7748. The motion passed unanimously, with a second by Alderman Mlinar. (b) IMPROVEMENT PROJECT 84-07 City Engineer Priebe reported on project 84-07 and stated all the costs were assessable to the property owners. The improvement on School Road from Seventh Avenue to the north line of the plat would be for construc- tion of sanitary sewer, watermain, storm sewer, gravel base and appurten- ances. The estimated cost of the project is $28,600. Following discussion, Alderman Torgerson moved to close the hearing at 8:10 P.M. Alderman Mlinar seconded the motion, and it carried unani- mously. It was moved by Alderman Torgerson, seconded by Alderman Carls, to ap- prove the project No. 84-07 and to waive reading and adopt Resolution No. 7747. Motion unanimously approved. (c) ASSESSMENT ROLL NO. 193 - PROJECT 84-01, PART II, HILLTOP ADDITION (HEARING ADJOURNED APRIL 24, 1984) Alderman Mikulecky stepped down from the Council table to join the aud- ience. Mr. Pat Mikulecky, 385 Connecticut Street, commented the only fair way to assess the affected property owners in Hilltop Addition was according to the City's present policy. After discussion, Alderman Mlinar made the motion to close the hearing at 8:24 P.M. Motion seconded by Alderman Carls and unanimously carried. -2- COUNCIL MINUTES MAY 8, 1984 The City Attorney stated a new hearing would be required if the assess- ments were increased to cover the additional cost for the three proper- ties dropped on Shady Ridge Road. He pointed out the Council could ap- prove the project, delete from the assessment roll the three assessments for lots 2, 3 and 4 of Block 2, Hilltop Addition, and approve the bal- ance of assessment roll No. 193, with the option to cancel the project at a later date. It was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7749 and to approve assessment roll No. 193, with the deletion of assessments for the three properties on Shady Ridge Road, namely: lots 2, 3 and 4 of Block 2, Hilltop Addition. Alderman Carls seconded the motion, and it was approved unanimously 4-0. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY GREEN GIANT COMPANY TO USE LIBRARY SQUARE PARK ON JUNE 22, 1984 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the request for use of Library Square. Motion unanimously passed. (b) UPDATE ON LIBRARY ADDITION BY JOHN KORNGIEBEL Architect John Korngiebel presented a proposed design for the addition to the library. He stated the timetable for the project would be design development in May, working drawings in June and July, bidding for work in August, and construction in September, with a completion date of March, 19 85 . (c) CONSIDERATION OF REQUEST TO HOLD "ANGEL FLIGHT" ROAD RACE FROM HUTCHINSON After discussion, it was moved by Alderman Mlinar to approve the road race. Motion seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF APPLICATION BY HUTCHINSON JAYCEES FOR NON -INTOXICATING MALT LIQUOR LICENSE ON JUNE 17, 1984 Following discussion, Alderman Carls moved to approve the non -intoxicating malt liquor license according to the terms stated in the Police Chief's memorandum. Motion seconded by Alderman Torgerson and unanimously approved. (e) DISCUSSION OF CARNIVAL LOCATION AND PARADE ROUTE FOR 1984 JAYCEE WATER CARNIVAL (REQUESTED BY COMMODORE PETE KASAL) Commodore Pete Kasal discussed with the Council members the proposed -3- COUNCIL MINUTES MAY 8, 1984 parade route and carnival location for the Jaycee Water Carnival. The Jaycees felt there was a loss of revenue with the carnival located so far back from Main Street, and they requested to move it closer to High- way 15. After discussion, the motion was made by Alderman Mlinar to accept the suggested site near Highway 15. Motion seconded by Alderman Mikulecky. The motion was amended by Alderman Carls that approval was contingent upon receiving a letter from the Utilities Commission regarding the electrical wiring in the area and safety of the location. Alderman Tor- gerson seconded the motion, and the amendment unanimously carried. The motion passed unanimously. Mr. Kasal requested the City to pay the total cost of the porta potties for the Water Carnival. In the past the cost was split 50/50 between the two entities. Following discussion, Alderman Torgerson moved to ap- prove the City paying total cost for the porta potties during the 1984 Water Carnival. Alderman Carls seconded the motion, and it unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 5/84 - AN ORDINANCE AMENDING SECTION 560:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "TEMPORARY WATER USE" It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive the second reading and adopt Ordinance No. 683. The motion carried, with Alderman Mikulecky voting nay. (b) ORDINANCE NO. 6/84 - ORDINANCE AMENDING SECTION 235:05 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD RELATING TO APPOINTMENTS AND TERMS Alderman Mikulecky made the motion to waive second reading and adopt Or- dinance No. 684. Alderman Mlinar seconded the motion, and it unanimously passed. (c) RESOLUTION NO. 7732 - RESOLUTION OF APPRECIATION FOR ELDEN "BUD" WILLARD The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 7732. Motion unanimously car- ried. (d) RESOLUTION NO. 7733 - RESOLUTION OF APPRECIATION FOR STANLEY KOEHLER It was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7733. Motion seconded by Alderman Torgerson and approved unanimously. -4- COUNCIL MINUTES MAY 8, 1984 (e) RESOLUTION NO. 7745 - TRANSFERRING $55,786 FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1981 PARKING IMPROVEMENT FUND Alderman Mlinar moved to waive reading and adopt Resolution No. 7745. Alderman Mikulecky seconded the motion, and it passed unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF COMPENSATION FOR JOINT AIRPORT ZONING BOARD (REQUESTED BY WAYNE OLIVA) (DEFERRED APRIL 24, 1984) City Administrator Plotz stated he had done some research regarding com- pensation, and it was his recommendation to defer the matter until the joint City Council and County Commissioner meeting had been held. The motion was made by Alderman Carls to defer until after the meeting with the County Board. Motion seconded by Alderman Torgerson and car- ried unanimously. (b) CONSIDERATION OF AWARDING BID FOR 1984 STUMP REMOVAL (DEFERRED MAY 1, 1984) It was reported that four bids were received for 1984 stump removal. The low bidder was Ken's Landscaping of Glencoe in the amount of $1.40 per inch. Following discussion, Alderman Torgerson moved to award the contract to low bidder, Ken's Landscaping. Alderman Mlinar seconded the motion, and it unanimously passed. 9. NEW BUSINESS (a) CONSIDERATION OF PROJECT NO. 83-09 - ASSESSMENT ROLL NO. 189 City Engineer Priebe reported project No. 83-09 was completed in 1983. After discussion, Alderman Carls made the motion to order the prepara- tion of assessment roll No. 189 and set the hearing for June 11, 1984 at 8:00 P.M., and to waive readings and adopt Resolutions No. 7735 and No. 7741. Motion seconded by Alderman Torgerson and approved unanimously. (b) CONSIDERATION OF DEFERRED ASSESSMENTS FOR SIDEWALK IN SIDEWALK DISTRICT - SUPPLEMENT TO ASSESSMENT ROLL NO. 171 The City Engineer stated the assessments for the sidewalk located in the sidewalk district were omitted from assessment roll No. 171 when it was prepared last year. It would be necessary to adopt the supplement to the assessment roll to enter the information on the computer. -5- COUNCIL MINUTES MAY 8, 1984 Following discussion, by Alderman Carls, to ment roll No. 171 and to waive readings and unanimously carried. the motion was made by Alderman Mlinar, seconded order the preparation of the supplement to assess - set the hearing for June 11, 1984 at 8:00 P.M. and adopt Resolutions No. 7734 and No. 7740. Motion (c) CONSIDERATION OF ACTIVATING DEFERRED ASSESSMENTS ON SCHMIDTBAUER'S PROPERTY AND SCHMIDTBAUER'S FIRST AND SECOND ADDITION - ASSESSMENT ROLL NO. 194 City Engineer Priebe commented that the projects were done in 1962 and 1969, and the property was annexed into the City in 1962. It was his recommendation to activate assessments for the properties sold. Mr. Richard Schmidtbauer stated part of the property was still agricul- tural, but he planned to sell it next year. He requested the Council to defer the assessments. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Torgerson, to order preparation of the assessment roll No. 194 and to set hearing for June 11, 1984 at 8:00 P.M. and to waive readings and adopt Resolutions No. 7736 and No. 7742. Motion approved unanimously. (d) CONSIDERATION OF ACTIVATING DEFERRED ASSESSMENTS ON BETHKE'S ROLLING GREENS FIRST AND SECOND ADDITION - ASSESSMENT ROLL NO. 195 Mr. Priebe reported on activating the deferred assessments for Bethke's Rolling Greens First and Second Addition. Following discussion, Alderman Mlinar moved to order the preparation of assessment roll No. 195 and set hearing for June 11, 1984 at 8:00 P.M. and to waive readings and adopt Resolutions No. 7738 and No. 7743. The motion was seconded by Alderman Torgerson and unanimously passed. (e) CONSIDERATION OF ACTIVATING DEFERRED ASSESSMENTS ON LEWIS AVENUE BETWEEN LARSON STREET AND SCHOOL ROAD - ASSESSMENT ROLL NO. 196 City Attorney Schaefer stated improvement projects done outside the City limits cannot be assessed until the property becomes part of the City. The area of Lewis Avenue between Larson Street and School Road was an- nexed but never assessed. It was his recommendation to have the Finance Director determine the amount of interest that accrued after annexation and only assess the interest accrued up to the time of annexation. He further suggested that once a year at a designated time the City Engineer review deferred assessments and determine which, if any, should be acti- vated. Alderman Carls moved to defer action to the next meeting. Alderman Mlinar seconded the motion and requested additional information. Motion carried unanimously. TZ COUNCIL MINUTES MAY 8, 1984 (f) CONSIDERATION OF STOP SIGNS INSTALLED ON CLINTON AVENUE It was the recommendation of the Police Chief to install stop signs on Clinton Avenue at the intersection of Merrill Street. After discussion, Alderman Carls made the motion that upon the recommen- dation of Police Chief to approve the stop signs and to waive the first reading of Ordinance No. 7/84 and set the second reading for May 22,• 1984. Motion seconded by Alderman Mikulecky and unanimously approved. (g) CONSIDERATION OF CONSULTING SERVICES FOR PERSONNEL City Administrator Plotz stated the City Council had directed the Per- sonnel Coordinator and him to work on establishing salary ranges for all salaried employees. Two proposals for consulting services had been received, and it was their recommendation to accept the proposal from Robert Fjerstad in the amount of $1,200. Following discussion, it was moved by Alderman Carls, seconded by Alder- man Mlinar, to approve the proposal of Robert Fjerstad. Motion carried unanimously. (h) CONSIDERATION OF 1974 ORDINANCE CODE RECODIFICATION City Attorney Schaefer requested authorization from the City Council to obtain the costs for codification of the City of Hutchinson's Ordinance Book. The ordinances were last revised and compiled in 1974, and there have been many changes since then. Alderman Mlinar moved to authorize the City Attorney to obtain codifica- tion costs. Motion seconded by Alderman Torgerson and unanimously passed. (i) CONSIDERATION OF APPOINTMENT OF AIRPORT ZONING ADMINISTRATOR After discussion, the motion was made by Alderman Carls to appoint Gary D. Plotz, City Administrator, as the Airport Zoning Administrator. Alder- man Torgerson seconded the motion, and it unanimously carried. (j) CONSIDERATION OF PERPETUAL EASEMENT FROM CITY FOR SOUTH 30 FEET OF LOT 17 Mr. James Hanson requested preliminary approval from the City Council for a perpetual easement to the south 30 feet of Lot 17 in Park Subdivision to reach his landlocked property on Lot 13 of Lot G Subdivision. Following discussion, Alderman Torgerson moved to grant preliminary approval for a perpetual easement. Motion seconded by Alderman Carls and approved unanimously. Alderman Mikulecky requested the City Attorney to investigate if the City could issue a perpetual easement. -7- COUNCIL MINUTES MAY 8, 1984 (k) CONSIDERATION OF REQUEST FROM HUTCHINSON PUBLIC SCHOOLS REGARDING WATER LINES City Engineer Priebe explained the background of the water services to the high school area. He stated the school was requesting the City to extend the east -west water line from its present location near the ten- nis courts east to Kay Street, with the work to be completed this sum- mer. Also, the school asked for authorization to vacate the north - south water lines at the high school site. After discussion, it was moved by Alderman Torgerson, seconded by Alder- man Mlinar, to approve the request. Motion carried, with Alderman Carls abstaining from voting. (1) CONSIDERATION OF RENEWING SPECIAL USE PERMIT FOR SWANKE MOTORS, INC. Alderman Mlinar moved to approve the renewal and issue the permit. Mo- tion seconded by Alderman Torgerson. During discussion, City Engineer Priebe commented on the proposed sidewalk program which would include installing a sidewalk along Washington Avenue to Highway 22 on property passing in front of the used car lot. He point- ed out that renewal of the permit would delay the project one year. At the call of the question, zero voted aye and five voted nay. The mo- tion unanimously failed,and the permit was rejected. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the May 11, 1984 date selected for a joint meeting of the City Council and County Commissioners would not work out so another date would be selected. Several dates had been suggested by the Utilities Commission for a joint meeting with the City Council. Following discussion, the date of May 22, 4:30 P.M., was chosen to meet with the Utilities Commission. Mr. Plotz stated all parties involved had been dismissed from the lawsuit of Wilfahrt vs. City of Hutchinson, Hutchinson Police Department, and David Erlandson. The City recently re c e ived notice that it might be involved in pending litigation for Mr. Lorance Hillman. (b) COMMUNICATIONS FROM MAYOR Mayor Stearns read a letter of invitation for the City Council to parti- cipate in the Memorial Day parade to be held May 28. COUNCIL MINUTES MAY 8, 1984 (c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported he had received a request from a group of volun- teers to use the old fire hall two days a month for distribution of food products. The next date for food distribution would be May 22. It was pointed out that the Civil Defense stored equipment in the build- ing, and the City had its voting machines in the old fire hall. Follow- ing discussion, no action was taken. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky stated Mr. Harvey Kemper had contacted him regarding the sale of the south section of Lot 7, Waller Addition. Mr. Kemper had submitted an offer for purchase of the property at the appraised value, and he wondered when he could make the purchase. Following discussion, it was the consensus of the Council to hold a bid opening on May 22, 1984 during the City Council meeting for the south section of Lot 7, Waller Addition. Alderman Mikulecky inquired about the Bretzke parking lot. He suggested using the trees left from Arbor Day for beautification of the parking lot. (e) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe presented the City Council with maps showing the area involved for the sidewalk project. Mr. Priebe reported the Public Participation Committee would hold a pub- lic hearing at 7:00 P.M. on May 31 regarding the wastewater treatment plant. He recommended the City Attorney be authorized to obtain a one year option for the proposed site of the plant. City Attorney Schaefer was directed by the Council to negotiate for an option to be reviewed by the Council. Three property owners on Grove Street requested the City to take action to gurantee they would not be assessed for construction on Highway 15 in addition to the City street improvement assessment for Grove Street. The City Engineer commented he did not foresee any assessments inasmuch as Highway 15 was a state project; however, the plans were not finalized. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS COUNCIL MINUTES MAY 8, 1984 Alderman Torgerson made the motion to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Mlinar and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M. -10-