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08-28-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 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 Torgerson, Alderman Pat Mikulecky and Mayor Robert Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe and City Attorney James Schaefer. 2. INVOCATION The invocation was given by Reverend Larry Bauman. 3. MINUTES The minutes of the Special Meeting of August 7, 1984, the Regular Meeting of August 14, 1984, the Bid Opening of August 13, 1984, and the Bid Opening of August 21, 1984 were approved as written. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. Financial Report - July, 1984 2. Planning Commission Minutes - July -, 1984 There being no discussion, the report and minutes were ordered by the Mayor to be received for filing. (b) ORDINANCE NO. 20/84 AMENDING SEC. 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE-WAY TRAFFIC Motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously to waive second reading and adopt Ordinance_ No. 697. 5. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FRANK FAY Mayor Stearns opened the hearing at 8 p.m. City Administrator Plotz explained that the City's bond counsel is now of the opinion that the City cannot use General Revenue Sharing interest earnings to pay for the proposed police station project and therefore there is no need for a public hearing on the proposal. Hearing was closed on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BONDS TO F & T PROJECT Mayor Stearns opened the hearing. John Bernhagen representing -1- 4� 1 COUNCIL MINUTES AiJGUST 28, 1984 Hutchinson Community Development Corporation and Michael Saxton and Frank Fay of F & T Joint Ventures were present to summarize the proposal for the Parkview Plaza project at 4 Main Street South (Hutch Hotel) and 40 Washington Avenue West (old fire station), involving acquisition, renovation and rehabilitation, and requiring $400,000 in Industrial Revenue Bonds. There was discussion of the fact that a developer's agreement guaranteeing the tax increment will be entered into. City Attorney Schaefer stated that if a preliminary resolution for the project is passed, no obligation exists on the City's part. The City Attorney presented the proposed "non -suit" contract between the City and F & T Joint Ventures. Michael Saxton responded that the developers have no problem with such an agreement and are in favor of it. The hearing was closed on a motion by Alderman Torgerson, seconded by, Alderman Mlinar and carried unanimously. Based on the verbal agreement discussed, a motion was made by Alderman Torgerson to enter into an Agreement with F & T Joint Ventures for the issuance of indistrial development bonds, contingent upon a favorable tax increment plan. Motion was seconded by Alderman Mlinar and carried unanimously. Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to adopt Resolution No. 7844, Giving Preliminary Approval to a Project and its Financing under MN Ind. Rev. Act; and Referring Proposal to MN Energy & Ec. Dev. Auth. (c) CONSIDERATION OF AMENDING TAX INCREMENT FINANCING PLAN (DIST. 4) Mayor Stearns opened the hearing. City Administrator Plotz recommended that the hearing be continued to September 25 at 8:00 p.m. Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to continue the hearing for amending tax increment financing plan until September 25, 1984. (d) CONSIDERATION OF ASSESSMENT ROLLS 187 AND 188 - MAC'S BLUFF ADDITION Mayor Stearns opened the hearing. There being no one present to be heard, the hearing was closed on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. Resolutions No. 7842 and 7843 Adopting Assessment Rolls 187 and 188 were passed on a motion by Alderman Mlinar, seconded by Alderman Carls and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CLARA STURGES FOR SENIOR CITIZEN REFUSE RATE The request was approved on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. -2- COUNCIL MINUTES AUGUST 28, 1984 (b) PRESENTATION REGARDING LOCAL__ ACCESS TO CABLE TV - BY HAVTI REPRESENTATIVES LARRY FRAZER AND MIKE GOEDE HAVTI representatives Frazer and Goede explained that the vocational school would like to coordinate local programming, which would also provide training for students: They requested a committee be appointed to coordinate the effort. Mayor Stearns responded that the Council and representatives from cable television and HAVTI should meet first to discuss plans. A motion was then made by Alderman Mlinar to direct Attorney Schaefer to draw up necessary documents to address the three major points needed in an agreement; hiring a director, providing equipment, and setting up the transmission center at HAVTI. Motion was seconded by Alderman Mikulecky. The motion was amended by Alderman Carls to have the agreement drawn up after a meeting has taken place. The amendment was seconded by Alderman Torgerson. The motion to have agreement drawn up after a meeting of council, cable television and HAVTI was then carried unanimously. Larry Frazer was directed to set up the meeting. (c) REQUEST FOR AUTHORIZATION TO PURCHASE A MAMMOGRAPHY UNIT FOR HUTCHINSON COMMUNITY HOSPITAL Hospital Administrator Phil Graves presented the request for the mammography unit costing $40,000, which request was aLthorizai by the Hospital Board of Directors. Request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (d) REPORT ON APPRAISAL OF VISION CENTER AND WENDORFF PROPERTY (BY GARY PLOTZ) City Administrator Plotz reported that the full appraisal documents have now arrived and will be provided to the Council. In summary, the Vision Center appraised value is $46,300. The Wendorff property appraised value is $134,000; the land value is $4.75/sq. ft, totaling $76,500, the house and garage total $57,500. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION AMENDING PARKING REGULATIONS FOR MUNICIPAL OFF-STREET PARKING LOTS TO ALLOW ALL -DAY PARKING PERMITS Motion was made by Alderman Mlinar to waive reading and adopt Resolution 7840. Motion seconded by Alderman Carls and carried unanimously. -3- COUNCIL MINUTES AUGUST 28, 1984 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ENGINEER'S REPORT ON OPTIONS FOR STORM SEWER AT GOEBEL FIXTURE CO. Engineering Director Priebe reported there is no record of when and by whom the old storm sewer in the affected area was constructed. The line is quite flat. New line would be 15" in diameter and installed 2 feet deeper. Public hearing would show if there are objections to storm sewer assessment in the area. Mayor Stearns directed that Engineer Priebe and representatives from Goebel's should work out details of a proposed method of serving the area with storm sewer. The matter will be discussed again at the September 11, 1984, Council meeting. (b) CONSIDERATION OF ENGINEER'S REPORT ON MEETING IN OWATONNA CONCERNING CCBA PROCESS Engineering Director Priebe reported Owatonna is considering dropping the idea of the CCBA demonstration wastewater treatment project. Alderman Carls requested that Dr. Harrison, the developer of the process, be invited back to appear before the Council before Hutchinson would end efforts to cooperate in the demonstration. Mayor Stearns directed Engineer Priebe to invite Dr. Harrison again. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Motion was made by Alderman Carls, seconded by Alderman Mlinar and carried unanimously to authorize discontinuation of service. (b) (ITEM DELETED) (c) DISCUSSION OF IMPROVEMENTS TO HANSON DRIVE (REQUESTED BY FLOYD NOEL) Floyd Hoe1 and Mike Tucker appeared to request that hard surface street be provided on Hanson Drive and asked that the Council consider doing this at the same time the Lyndale Avenue improvement is done. After discussion, it was decided the improvement should be considered along with 1985 projects. (d) CONSIDERATION OF ENGINEER'S REPORT FOR 1985 PUBLIC WORKS PROJECTS Engineering Director Priebe summarized improvements he recommends for 1985 in projects 85-01-1 to 85-01-25. Attorney Schaefer will check concerning the requirement for two entrances per subdivision agreement on project 85-01-21. After discussion on all projects, -4- COUNCIL MINUTES AUGUST 28, 1984 Alderman Carls requested that the City Engineer provide information for the next Council meeting on the total cost of projects for each of the past ten years. Motion was then made by Alderman Carls that action on project 85-01-24 be deferred until September 11, 1984 when cost information will be available. Motion was seconded by Alderman Torgerson and carried by a 4-1 vote, with Alderman Mlinar voting No. Motion was made By Alderman Carls to adopt Resolution No. 7839 Receiving Report and Calling Hearing on Improvement for September 25, 1984, at 8 p.m., for projects as listed only: 85-01-1, 2, 4, 7(from Main Street to Hassan), 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 25. Motion was seconded by Alderman Torgerson and carried unanimously. (e) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WALLER'S SECOND ADDITION Motion to approve Subdivision Agreement was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (f) CONSIDERATION OF BID OPENING DATE OF SEPTEMBER 20 AT 2 P.M. FOR LIBRARY PROJECT Architect John Korngeibel appeared stating he would like to have bids"taken also for Hassan Street improvements which are related to the library project. Motion was made by Alderman Carls to set library bid opening date for September 20 at 2 p.m. Motion was seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF ACTIVATING DEFERRED ASSESSMENT FOR BERNARD C. BRECHT Due to construction on the Bernard C. Brecht property, the deferred assessment was activated on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (h) CONSIDERATION OF AWARDING BIDS FOR TWO PICKUP TRUCKS Communication was received from Maintenance Director Ralph Neumann recommending that the low bid from Wigen Chevrolet Co. be accepted for the two pickup trucks, in the amount of $8383.60 for a 31 ton and $13628.02 for a 3j4 ton. The Wigen bid was accepted on a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF RESERVING 1984 INDUSTRIAL REVENUE BOND ALLOCATION (PRESENTED BY JOHN BERNHAGEN OF COMMUNITY DEVELOPMENT CORP.) Information was presented by Mr. Bernhagen concerning the use of Industrial Revenue Bonds. Hutchinson may reserve its -5- COUNCIL MINUTES AUGUST 28, 1984 entitlement amount based on past usage of the bonds by making a 1% deposit fee of the entitlement amount to the MN Department of Energy and Economic Development. The City may make use of the funds locally or choose to allocate part of the entitlement to another city in future years through a joint powers agreement. Hutchinson's entitlement for 1984 is $2,484,533. Motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 7846 Relating to MN Industrial Revenue Act and to to deposit 1% of the 1984 entitlement with the Department of Energy and Economic Development. Motion was seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF AUTHORIZING SOLICITATION OF BIDS FOR SALE OF STRUCTURES FROM LAWCON GRANT PROJECT; AND IN THE ALTERNATIVE TO SOLICIT BIDS FOR DEMOLITION OF SAID BUILDINGS, WITH BID OPENING DATE SEPTEMBER 20, 2 P.M. (REQUESTED BY MIKE CARLS) After discussion, authorization was given for the City Administrator to solicit bids for sale or demolition of structures in LAWCON grant (West River Park Phase IV) project. Motion was made by Alderman Carls, seconded by Alderman Mlinar, and carried unanimously. (k) CONSIDERATION OF APPOINTING BUILDING COMMITTEE FOR RECREATION FACILITY/SWIMMING POOL Mayor Stearns suggested names of some individuals who might be interested in serving on a building committee. He will contact them to request they serve, with names to be copfirmed at meeting of September 11, 1984. (1) CONSIDERATION OF AUTHORIZING BUILDING COMMITTEE FOR RECREATION FACILITY/SWIMMING POOL TO INTERVIEW ARCHITECTS AND FORWARD RECOMMENDATION'TO CITY COUNCIL Authorization was given to the building committee to interview architects and recommend to the City Council, on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (m) CONSIDERATION OF REQUEST FOR A SIGN VARIANCE AS SUBMITTED BY S&L REHAB WITH RECOMMENDATIONS BY PLANNING COMMISSION The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously, and Resol. No. 7849 adopted. (n) CONSIDERATION OF REQUEST FOR A VARIANCE SUBMITTED BY KEN STAPLETON WITH FAVORABLE RECOMMENDATION OF THE PLANNING COMMISSION. The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously, and Resol. No. 7850 adopted. -6- COUNCIL MINUTES AUGUST 28, 1984 (o) CONSIDERATION OF PRELIMINARY AND -FINAL PLAT TO BE KNOWN AS "SANTELMAN'S SECOND ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. Resol. No. 7851 was unanimously adopted. (p) CONSIDERATION OF PLAT TO BE KNOWN AVORCHARD PARK FIRST ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously, and Resol. No. 7852 adopted. (q) CONSIDERATION OF PLAT TO BE KNOWN AS "ROLLING OAKS FIFTH ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously, and Resol. No. 7853 adopted. (r) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS "DAVID LEE ACRES" SUBMITTED BY JIM REID TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The plat was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (e) CONSIDERATION OF PRELIMINARY PLAT FOR PETERSON ESTATES SUBMITTED TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reviewed the status of the streets in the plat and his recommendation concerning through streets. After discussion, the plat was approved on a motion by Alderman Mikulecky, seconded by Alderman Torgerson and carried unanimously. (t) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JAMES HEIKES TO COUNTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION. The request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (u) CONSIDERATION OF ACCEPTING REIMBURSEMENT FOR OUT OF TOWN TRAVEL BY POLICE CHIEF A reimbursement check for out of town travel expenses in the amount of $222.56 was received from the police Chief. A motion was made by Alderman Mlinar to accept the reimbursement. Motion was seconded by Alderman Torgerson. After discussion, motion was made by Alderman Mlinar to call the question, seconded by Alderman Torgerson. The motion carried on a roll call vote of 4-1, with Alderman Mikulecky voting No. The motion to accept the reimbursement then passed on a roll call vote of 4-1, with Alderman Mikulecky voting No. Alderman Mikulecky stated he believed the amount to be inadequate. -7- COUNCIL MINUTES AUGUST 28, 1984 (v) CONSIDERATION OF REQUEST FOR EQUIPMENT PURCHASE FOR WASTEWATER PLANT. Motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously to approve-and:waive.reading and adopt Resolution No. 7841 authorizing purchase. (`a) CONSIDERATION OF REQUEST FOR FUNDS TO COMPLETE INFORMATION SIGN AT FIREMAN'S PARK Park/Recreation Director Bruce Ericson requested that an additional $500 be authorized to complete the project, for which the total cost will be about $1,000. Request was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (x) CONSIDERATION OF ADDING OR DELETING 1985 IMPROVEMENT PROJECTS BEFORE NOTICES ARE MAILED OUT This item was discussed along with 9-d - Engineer's Report for 1985 Public Works Projects and certain projects were deleted in that item of business. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz discussed the fact that the City precincts have different County commissioners. It would be helpful to publish a map showing voters which commissioner represents each precinct prior to the elections, as a public service. Motion was made to have such a map published, by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. (b) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls noted reports of recent disturbances in the Public Square and the downtown area. After discussion, it was determined the police department will be able to deal with the situation. (c) COMMUNICATIONS FROM CITY ATTORNEY SCHAEFER The City Attorney reported that Attorney Roger Gilmer has contacted him concerning settlement of the Anderson -River Valley lawsuit. In answer to a question, Attorney Schaefer reported he would check: on whether the City may allow burning of leaves. COUNCIL MINUTES AUGUST 28, 1984 (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING PRIEBE Director of Engineering Priebe advised that the Council is invited to tour the new Lester Prairie wastewater treatment plant. There was agreement the Council would like to take such a tour after budget hearings are completed. He further reported study is being done on the Hutch Agri -Tech sewer hookup. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) Verified Claims Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to approve claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:45 p.m.