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06-11-1984 CCMi MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, JUNE 11, 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 Gary Brooks. 3. MINUTES The minutes of the May 22, 1984 meeting were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1984 2. HOSPITAL BOARD MINUTES DATED APRIL 17, 1984 AND APRIL 26, 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) SUPPLEMENT TO ASSESSMENT ROLL NO. 171 - SIDEWALK IN SIDEWALK DISTRICT Mayor Stearns called the hearing to order at 8:00 P.M. and read Publica- tion No. 3242, Notice of Hearing On Proposed Assessment, Supplement to Assessment Roll No. 171. City Engineer Priebe stated the assessment roll was for deferred assess- ments and covered only a portion of the project for improvements of Jef- ferson Street from Washington Avenue to Third Avenue Southeast; Washing- ton Avenue Southeast, First Avenue Southeast, Second Avenue Southeast and Third Avenue Southeast from Hassan Street to Adams Street and Adams Street from Washington Avenue Southeast to Fair Avenue by construction of sidewalk and appurtenances. The total cost of the improvement was $58,416.80. The supplement to the assessment roll was for private prop- erty within the sidewalk district. Alderman Torgerson moved to close the hearing. The motion was seconded by Alderman Mlinar and unanimously carried. 1.1 COUNCIL MINUTES JUNE 113, 1984 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve assessment roll No. 171 and to waive read- ing and adopt Resolution No. 7764. Motion unanimously passed. (b) ASSESSMENT ROLL NO. 189 - PROJECT NO. 83-09 Publication No. 3243, Notice of Hearing On Proposed Assessment, Assessment Roll No. 189, was read by Mayor Stearns. Engineer Priebe reviewed the improvement project on Third Avenue Northwest for construction of grading, gravel base, curb and gutter and appurtenances at a total cost of $8,200. It was moved by Alderman Carls, seconded by Alderman Mlinar, to close the hearing. Motion approved unanimously. After discussion, Alderman Carls moved to approve assessment roll No. 189 and to waive reading and adopt Resolution No. 7766. Alderman Mlinar sec- onded the motion, and it carried unanimously. (c) ASSESSMENT ROLL NO. 194 - SCHMIDTBAUER'S PROPERTY AND SCHMIDTBAUER'S FIRST AND SECOND ADDITION Mayor Stearns read Publication No. 3253, Notice of Hearing On Proposed As- sessment, Assessment Roll No. 194. City Engineer Priebe reported the assessment roll had been revised accord- ing to the new City policy on interest charge. He further stated that some of the assessments were for property recently platted, while three properties on the roll, namely tracts Q, R and S, were not part of the First and Second Addition and not platted land. Mr. Richard Schmidtbauer requested the assessments be deferred until such time as all the land was platted. The motion was made by Alderman Carls to close the hearing. The motion was seconded by Alderman Mlinar and passed unanimously. Following discussion, it was moved by Alderman Carls to approve assess- ment roll No. 194, excluding unplatted parcels Q, R and S. Alderman Mlinar seconded the motion, and it was unanimously adopted. Alderman Carls moved to waive reading and adopt Resolution No. 7763. Mo- tion seconded by Aldet+man Mlinar and unanimously carried. (d) ASSESSMENT ROLL NO. 195 - BETHKE'S ROLLING GREENS FIRST AND SECOND ADDITION -2- COUNCIL MINUTES .TUNE 11, 1984 Publication No. 3245, Notice of Hearing On Activating Deferred Assessments, Assessment Roll No. 195, was read by Mayor Stearns. City Engineer Priebe reported the deferred assessment was for the improve- ment of Bethke's Rolling Greens First and Second Additions by the construc- tion of watermain and appurtenances. The total cost of the improvement was $8,151.21. It was moved by Alderman Mlinar to close the hearing. Motion seconded by Alderman Torgerson and approved unanimously. After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson, to approve the assessment roll No. 195 and to waive read- ing and adopt Resolution No. 7767. Motion unanimously adopted. (e) ASSESSMENT ROLL NO. 196- LEWIS AVENUE BETWEEN LARSON STREET AND SCHOOL ROAD Mayor Stearns read Publication No. 3252, Notice of Hearing On Proposed Assessment, Assessment Roll No. 196. The City Engineer stated that assessment roll No. 196 was to activate the deferred assessments for improvement of Lewis Avenue between Larson Street and School Road by the construction of gravel base and appurtenances. The total cost of the improvement was $1,309.56. The property was outside the City limits at the time graveling was done in 1970. Then in 1973 the land was annexed into the City, but the assessments were deferred until the road- way was surfaced. Through an oversight, the deferred assessments were never brought forward,after the completion of the surfacing project. Mr. Robert Hall, 1113 Lewis Avenue, presented an oral and written objec- tion to the deferred assessment. He stated that in 1976 he requested an assessment search from the City, and it failed to show any deferred assess- ments against the property. Mr. Hall questioned whether the City Clerk was bound by the information given on a search. He objected to the assess- ment based on the fact that the City had ample opportunity in the past to activate the deferred assessment. Alderman Mikulecky moved to close the hearing. The motion was seconded by Alderman Mlinar and passed unanimously. Following discussion, it was moved by Alderman Mikulecky, seconded by Alderman Carls, to reject assessment roll No. 196. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS -3- COUNCIL MINUTES JUNE 11, 1984 (a) CONSIDERATION OF REQUEST FOR SNYDER DRUG TO USE SIDEWALK FOR COMMERCIAL GARAGE SALE ON JUNE 20, 1984 After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the request. Motion unanimously approved. (b) CONSIDERATION OF COMMUNICATION REGARDING GROVE STREET IMPROVEMENTS (REQUESTED BY ALDERMAN PAT MIKULECKY) Mayor Stearns stated a letter was received from three individuals regard- ing proposed street improvements on Grove Street. This matter had been discussed at a previous Council meeting, and there was no way of deter- mining the assessing policy at this time since the State plans for T.H. 15 south were not finalized. Harvey Popp, 875 Grove Street, requested a written agreement from the City stating the three property owners would not be assessed a second time. The driveways of Popp and Gregor Hennen, 870 Grove Street, might be affected by the improvement. Also, if the street was lowered from his driveway to the highway, it would require removing the curb. Mr. Popp commented there had been a petition against the Grove Street project when Jim DeMeyer was mayor, but the Council approved the project. City Engineer Priebe reported there would be some change in the grade for a reduced speed limit on T.H. 15 south, but he had not received notifica- tion from the State. The City did not pave past the highway right-of-way where the work will be done. He further pointed out that a public hearing would be required before an assessment could be issued to affected property owners,on Grove Street. Mr. Bernard Stolpman, 860 Grove Street, stated he would accept the Council minutes as adequate record regarding this matter. Following discussion, it was the consensus of the Council that the members would vote against a second assessment for residents on Grove Street, but they would not sign a written agreement to that effect since the State plans were not final. (c) CONSIDERATION OF REQUEST FOR STREET LIGHTS HOOK-UP ON SCHOOL ROAD NORTH The residents on School Road North requested the hook-up of street lights. The light poles are already in place. After discussion, the motion was made by Alderman Torgerson to approve the street lights hook-up on School Road North and to refer it to the Hutchin- son Utilities. The motion was seconded by Alderman Mlinar and unanimously approved. -4- COUNCIL MINUTES JUNE 11, 1984 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7762 - RESOLUTION FOR PURCHASE Following discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7762. Motion carried unanimously. (b) ORDINANCE NO. 8/84 - AN ORDINANCE AMENDING SECTION 800:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "CONDITIONS OF LICENSES" After discussion, Alderman Mlinar moved to waive the first reading of the amended Ordinance No. 8/84 and set second reading for June 26, 1984. Mo- tion seconded by Alderman Torgerson and approved unanimously. (c) ORDINANCE NO. 9/84 - AN ORDINANCE AMENDING SECTION 806:35 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "CONDITIONS OF LICENSE" It was moved by Alderman Torgerson, seconded by Alderman Carls, to waive the first reading of Ordinance No. 9/84 and to set the second reading for June 26, 1984. Motion adopted unanimously. (d) ORDINANCE NO. 10/84 - AN ORDINANCE AMENDING SECTION 710 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "TRAFFIC, LOCAL REGULATIONS" Alderman Mlinar made the motion to waive the first reading of Ordinance No. 10/84 and to set the second reading for June 26, 1984. The motion was seconded by Alderman Mikulecky and unanimously passed. (e) ORDINANCE NO. 11/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (SOUTHERLY PARCEL) Through a bidding process between two abutting property owners, the City determined to award the sale of the southerly parcel of Lot 7, Block 1, Waller's Subdivision -to Mark C. Guggemos in the amount of $3,611. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to waive the first reading of Ordinance No. 11/84 and set the second read- ing for June 26, 1984. Motion unanimously carried. (f) ORDINANCE NO. 12/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (CENTER PARCEL) It was moved by Alderman Carls, seconded by Alderman Torgerson, to waive the first reading of Ordinance No. 12/84 for the sale of the center parcel -5- COUNCIL MINUTES JUNE 11, 1984 of Lot 7, Block 1, Waller's Subdivision to Edward and Ethel Klima in the amount of $1,800, and to set the second reading for June 26, 1984. Motion unanimously adopted. (g) ORDINANCE NO. 13/84 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS LOT 7, BLOCK 1, WALLER'S SUB- DIVISION (NORTHERLY PARCEL) Alderman Torgerson moved to waive the first reading of Ordinance No. 13/84 for the sale of the northerly parcel of Lot 7, Block 1, Waller's Subdivision to Donald and Leona Janke in the amount of $500. The motion was seconded by Alderman Carls and passed unanimously. (h) ORDINANCE NO. 14/84 - ORDINANCE AMENDING SECTION 710:10 OF 1974 ORDINANCE CODE OF CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO 18 THERETO RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" It was the recommendation of the Police Chief to erect stop signs on Graham Street at the intersection of Roberts Road and Goebel Circle at the inter- section of Roberts Road. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive the first reading of Ordinance No. 14/84 and set the second reading for June 26, 1984. Motion unanimously approved. (i) RESOLUTION NO. 7761 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST BNAK MINNEAPOLIS It was moved by Alderman Carls to waive reading and adopt Resolution No. 7761. Motion seconded by Alderman Torgerson and carried unanimously. 8. UNFINISHED BUSINESS (a) DISCUSSION OF WATER SERVICE FOR SPRINKLER SYSTEMS The Building Official commented on the temporary occupancies issued to Lor- raine Meyer and Milton Brinkman. The water service for sprinkler systems should be put in place as soon as possible for these two buildings. It was further reported that a presentation would be made on a City plan at the next Council meeting. (b) REVIEW OF PROPOSED SETTLEMENT REGARDING ANDERSON -RIVER VALLEY TREE SERVICE VS. CITY OF HUTCHINSON LITIGATION City Attorney Schaefer reviewed the proposed settlement of the lawsuit with Anderson -River Valley. It was his recommendation to accept the settlement. Following discussion, Alderman Mikulecky moved to approve the settlement. Motion seconded by Alderman Mlinar and unanimously adopted. COUNCIL MINUTES JUNE 11, 1984 (c) CONSIDERATION OF PURCHASING SOD FOR MASONIC TEMPLE PARKING LOT SITE The City Engineer recommended the purchase of sod to complete the land- scaping of the Masonic Temple parking lot. The estimated cost was $118.80, with the City crews laying the sod in place. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Carls, to approve the purchase of sod. Motion unanimously carried. (d) CONSIDERATION OF ENFORCEMENT OF OFF STREET PARKING LOT TIME LIMITS During discussion it was pointed out that the Police Department was en- forcing the parking lot time limits by issuing parking tickets and remov- ing vehicles that were parked beyond the allotted hours. Discussion was given to where downtown employees should park their cars. It was felt they could walk a few blocks and leave the off-street parking lots open for the customers. Also, mention was made that tenants who live in upstairs apartments on Main Street have no place to park, especially during the winter months. Mayor Stearns directed the City Administrator, Maintenance Operations Director and Police Chief to prepare a winter park- ing plan for the Main Street tenants and to present it to the Council at a future date. (e) CONSIDERATION OF COMPENSATION FOR JOINT AIRPORT ZONING BOARD (REQUESTED BY WAYNE OLIVA) (DEFERRED MAY 8, 1984) Mayor Stearns reviewed the request for compensation to the Joint Airport Zoning Board members. He stated it was City policy not to compensate com- mittee members. Following discussion, Alderman Mikulecky moved to draft Resolutions of Ap- preciation to the members of the Joint Airport Zoning Board. Motion sec- onded by Alderman Mlinar and passed unanimously. The motion was made by Alderman Torgerson to reject compensation based on research done by the City Administrator. Alderman Mlinar seconded the mo- tion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF HUTCHINSON WASTEWATER TREATMENT FACILITIES, STEP I FACILITIES PLAN -7- COUNCIL MINUTES JUNE 11, 1984 City Engineer Priebe reported the City had started working on Step I in 1979 with the formation of a committee. Also, two public hearings were held, with the final hearing on May 31, 1984. If the City Council approved the Step I facilities plan, it would be sent to the PCA for approval. Step II would be the design of the facilities, and Step III would be the construction. Two representatives from RCM reviewed the procedure and presented the pro- posed plans for the Hutchinson wastewater treatment facilities. They stated the City had until 1988 to meet the compliance deadline. However, the deadline for filing the facility plan and adopted Resolution was July 1, 19$4. Since the government had recently changed its grant system, RCM was uncertain as to the amount of grant monies the City could receive. Alderman Mlinar moved to approve the Step I facilities plan. The motion was seconded by Alderman Carls and approved unanimously. It was moved by Alderman Mlinar, seconded by Alderman Carls, to waive read- ing and adopt Resolution No. 7758. Motion unanimously passed. (b) CONSIDERATION OF COMMERCIAL AND RESIDENTIAL REFUSE RATES FOR JUNKER SANITATION Following discussion, Alderman Torgerson made the motion to table action until the June 26, 1984 Council meeting. Alderman Carls seconded the mo- tion, and it carried unanimously. (c) CONSIDERATION OF APPOINTING OFFICER IN CHARGE AT HAZARDOUS MATERIALS INCIDENTS After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the appointment of the Fire Chief as the of- ficer in charge at hazardous materials incidents. Motion unanimously ap- proved. (d) CONSIDERATION OF REQUEST FOR MN/DOT TO STUDY IMPROVEMENTS OF T.H. 7 AND 22 FROM KOUWE STREET TO WEST CITY LIMITS AT CAMPBELL LAKE City Engineer Priebe stated there had been several requests submitted to the State for speed checks in the area of School Road, but they had been denied in the past. The City was now petitioning the State to improve traffic and safety conditions on State Highway 7 and 22 from Kouwe Street to the west City limits (Campbell Lake). Following discussion, it was moved by Alderman Torgerson to waive reading and adopt Resolution No. 7760 petitioning for improvements on a portion of State Highway 7 and 22. Motion seconded by Alderman Carls and unani- mously adopted. IRZ COUNCIL MINUTES JUNE 11, 1984 (e) CONSIDERATION TO ADVERTISE FOR BIDS ON HEAVY DUTY RESCUE UNIT The Hutchinson Fire Department requested authorization to advertise for bids on a heavy duty rescue unit, with bids to be received at 4:00 P.M. on June 25, 1984. After discussion, Alderman Mlinar made the motion to approve advertise- ment for bids on a heavy duty rescue unit. The motion was seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF UPGRADE OF MEMBERSHIP IN LOGIS City Administrator Plotz explained the development of the LOGIS member- ship. He stated the upgrade of membership would not cost the City any additional money but would give it more voice in voting. It was moved by Alderman Carls, seconded by Alderman Torgerson, to approve the upgrade and to waive reading and adopt Resolution No. 7759. Motion passed unanimously. (g) CONSIDERATION OF AUGUST REFERENDUM FOR RECREATIONAL FACILITY AND OUTDOOR SWIMMING POOL The funds available to the City for construction of the recreational fa- cility and swimming pool were reviewed. Alderman Mikulecky objected to using $135,000 of 1985 federal revenue sharing funds since the City was not certain what amount would be allocatted until late in the year. He felt the City should use existing funds. It was pointed out that the figures were estimates at this point. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve a referendum in August. Motion unanimously adopted. Alderman Mlinar moved to strike "1985" from the line item of the proposed figures and to state "federal revenue sharing" to make up the total of $958,399. The motion was seconded by Alderman Mikulecky and approved unanimously. It was moved by Alderman Torgerson to waive reading and adopt Resolution No. 7765, using example 2, with the additional wording of "outdoor swim- ming pool," to read as follows: "Shall the City of Hutchinson issue its General Obligation Bonds in the aggregate principal amount of $500,000, said funds to be combined with other funds available to the City of Hutch- inson and utilize for the construction of a municipally owned recrea- tional facility and outdoor swimming pool?" Alderman Carls seconded the motion, and it unanimously carried. COUNCIL MINUTES JUNE 11, 1984 The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to set Tuesday, August 7, 1984 as the date for the referendum. Motion unanimously adopted. (h) CONSIDERATION OF OPTION FOR PURCHASE OF BOLDT PROPERTY (PROPOSED WATER TREATMENT FACILITY SITE) City Engineer Priebe reported that several sites had been considered for the future sewage treatment plant. It was his recommendation to accept the option for purchase of the Boldt property at a total selling price of $250,000. He further reported that some of the 50 acres contained gravel resource which could be used by the City. During discussion, the City's tree dump site was recommended as a possible location for the treatment plant. It was determined that the City should investigate moving further south with the site, getting an appraisal on the Boldt property, and not enter into an option for purchase at this time. Alderman Carls moved to table the option item for two months and to di- rect the City Engineer to report back to the Council on other possible locations for a water treatment facility. Motion seconded by Alderman Mlinar and passed unanimously. (i) CONSIDERATION OF SCHOOL BUS PARKING AT ELEMENTARY SCHOOL The Safety Council requested the School District and City to address a safety issue on Grove Street where the elementary children load and un- load from the buses. it was recommended to restrict traffic to buses only for two hours a day from 7:30 to 8:30 A.M. and 2:30 to 3:30 P.M. Monday through Friday. Several residents on Grove Street voiced their objections to being re- stricted from entering the area during certain hours of the day. It was pointed out that the safety problem was not being caused by the residents but by others entering the area. Following discussion, the motion was made by Alderman Mlinar to table the matter for further recommendation from the Safety Council and to direct them to consult with the Police Chief and City Attorney. Motion seconded by Alderman Torgerson and unanimously carried. (j) REVIEW OF COMPREHENSIVE PLAN The Director of Engineering reviewed the Comprehensive Plan with the Coun- cil. He pointed out the various zoning areas and discussed future expan- sion of the City. 10. MISCELLANEOUS -10- COUNCIL MINUTES JUNE 11, 1984 (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reminded the Council of the scheduled workshop on June 19 at 4:00 P.M. for a meeting with consultant Bob Fjerstad. Mr. Plotz reported that on June 18 a Star City presentation would be made to representatives from the State Department of Economic Development. At that time the City of Hutchinson will be rated. It was reported that the City of Owatonna voted against the proposed treat- ment plant designed by the 3M scientist. The plan would not meet certain Minnesota standards. The City Administrator suggested the Council hold a workshop to review the audit report with the City's auditing firm. The date of July 16 at 6:00 P.M. was chosen for said workshop. (b) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR Director Bruce Ericson reported that a Louise Mandrell concert was being scheduled at the Civic Arena for the first part of August. The $5,500 deposit was being divided between a sponsor (75%) and the City (25%). Ap- proximately 1,340 tickets would have to be sold to break even on the costs involved. The majority of the work is done by volunteers from the Hockey Association,.which cuts down on City expense. (c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Ralph Neumann reported he had received,a telephone call regard- ing helicopter rides during the Water Carnival. The City would receive 10 percent of the take on the rides. He recommended the area between the ball park and river as a suitable landing strip. (d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar expressed concern regarding the water standing in the field north of Maplewood Academy. Some digging had been done, which had caused a problem with the neighbors. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired when the City Administrator would have City policies in writing. The City Attorney was asked if any response had been received from the At- torney General regarding the serving window in the bowling alley. The answer was "no" but it should be forthcoming. -11- COUNCIL MINUTES JUNE 11, 1984 Alderman Mikulecky inquired about the meetings held at the League of Cities Annual Conference. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Priebe inquired if any objection had been received regard- ing the Hilltop Addition street assessment. Since no written objection had been received within the 30 days, he was instructed to put the item on the Council agenda for the next meeting. Mr. Priebe reminded the Council that the Assessment Roll No. 190 for Lipke Addition had a continued hearing from the February 14, 1984 Council meet- ing. This deferred assessment was to be placed on the June 26, 1984 Coun- cil agenda also. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the claims and authorize payment from the appropriate funds. The motion carried, with Alderman Mikulecky voting against payment of the State Theater tickets. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:55 P.M. -12-