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10-23-1984 CCMr MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 23, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The following were present: Alderman Mike Carls (arrived at 8:35 P.M.), Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. 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 the Reverend Harold E. Kelm. 3. MINUTES The minutes of the regular meeting of October 9, 1984 and bid opening of October 12, 1984 were approved as presented. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1984 2. PLANNING COMMISSION MINUTES DATED SEPTEMBER 18, 1984 3. TREE BOARD MINUTES DATED SEPTEMBER 26, 1984 4. LIBRARY BOARD MINUTES DATED OCTOBER 8, 1984 AND OCTOBER 16, 1984 (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMITS 1. JIM HAASL 2. RON HANSEN 3. DOUGLAS PETERSON 4. RONALD DORING (c) RESOLUTION NO. 7894 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to accept the report and minutes, to issue snow removal permits, and to waive reading and adopt Resolution No. 7894. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) SUBDIVISION IMPROVEMENT PROJECTS 1 COUNCIL MINUTES OCTOBER 23, 1984 The public hearing was called to order by Mayor Stearns at 8:00 P.M. to consider subdivision improvement projects. 1. PROJECT NO. 85-01-26 City Engineer Priebe reported the improvements would include curb and gutter and appurtenances on the south side of McDonald Drive. It was pointed out that they were part of the subdivision agreement for Clouse Addition. It was moved by Alderman Mlinar to close the hearing at 8:04 P.M. The motion was seconded by Alderman Torgerson and carried unanimously. Alderman Torgerson made the motion to approve Project No. 85- 01-26 and to waive reading and adopt Resolution No. 7902. Alderman Mlinar seconded the motion, and it unanimously carried. 2. PROJECT NO. 85-01-27 It was reported by City Engineer Priebe that John Miller had requested the improvement, which would include sanitary sewer, watermain, storm sewer, grading, gravel sub -base, and area lift station and appurtenances in Clark's Second Addition. The approxi- mate cost would be $29,000. Mr. Jim McClure, 1301 Campbell Lane, inquired about the possi- bility of a 73 unit. He wondered what would happen if someone decided to build one large house on the property. He asked if the deferred assessment was determined by the time of use and if interest charges would begin at time of use. Mr. McClure had no objection to the project. The motion was made by Alderman Torgerson to close the hearing at 8:10 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. Alderman Torgerson moved to approve Project No. 85-01-27 and to waive reading and adopt Resolution No. 7903. The motion was seconded by Alderman Mikulecky and unanimously carried. 3. PROJECT NO. 85-01-28 City Engineer Priebe stated the improvements for Helland's Fifth Addition would include sanitary sewer, watermain, storm sewer, curb and gutter, grading, gravel sub -base, and appurten- ances. It was moved by Alderman Mlinar, seconded by Alderman Torger- son, to close the hearing at 8:15 P.M. Motion carried unani- mously. 2 COUNCIL MINUTES OCTOBER 23, 1984 Alderman Mlinar made the motion to approve Project No. 85-01-28 and to waive reading and adopt Resolution No. 7904. The motion was seconded by Alderman Torgerson and unanimously carried. 4. PROJECT NO. 85-01-29 City Engineer Priebe commented that improvements for Waller's Second Addition would include sanitary sewer, watermain, storm sewer, grade, gravel sub -base and appurtenances. The motion was made by Alderman Torgerson to close the hearing at 8:16 P.M. Seconded by Alderman Mlinar, the motion carried unanimously. It was moved by Alderman Torgerson to approve Project No. 85- 01-29 and to waive reading and adopt Resolution No. 7905. Alderman Mikulecky seconded the motion, and it unanimously carried. 5. PROJECT NO. 85-01-30 City Engineer Priebe reported the Lakewood Terrace Fourth Addition would include improvements of sanitary sewer, water - main, storm sewer, grade, gravel sub -base and appurtenances. Alderman Mlinar made the motion to close the hearing at 8:17 P.M. Alderman Torgerson seconded the motion, and it carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve Project No. 85-01-30 and to waive reading and adopt Resolution No. 7906. Motion unanimously carried. 6. PROJECT NO. 85-01-31 It was reported by City Engineer Priebe that Orchard Park Addi- tion improvements would include sanitary sewer, watermain, storm sewer, gravel sub -base, and appurtenances. The public hearing was closed at 8:20 P.M. upon motion by Ald- erman Torgerson, seconded by Alderman Mikulecky. Motion unani- mously carried. Alderman Torgerson moved to approve Project No. 85-01-31 and to waive reading and adopt Resolution No. 7907. Motion seconded by Alderman Mlinar and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF 1985 REQUEST FOR ASSISTANCE AT FAIR GROUNDS Following discussion, the motion was made by Alderman Torgerson to 3 COUNCIL MINUTES OCTOBER 23, 1984 accept the requests for city assistance as presented by the Fair Association, with the exception of item four, which would be de- termined by the Maintenance Operations Director. Alderman Mlinar seconded the motion, and it unanimously carried. (b) CONSIDERATION OF REQUEST FOR PERSONNEL/TRANSIT COORDINATOR TO ATTEND MINNESOTA PUBLIC TRANSIT CONFERENCE OCTOBER 30, 31 AND NOVEMBER 1 After discussion, it was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the request. Motion carried unani- mously. (c) PRESENTATION FROM RECREATION FACILITY BUILDING COMMITTEE ON RECOMMENDATION OF ARCHITECT FOR RECREATION FACILITY Following a presentation from the Facility Building Committee, it was moved by Alderman Mlinar to approve their recommendation of Korngiebel Architects for the recreation facility project and to express appreciation to the committee for a job well done. Motion seconded by Alderman Torgerson and unanimously carried. (d) CONSIDERATION OF REQUEST TO PURCHASE REPLACEMENT PRINTER FOR ENGINEERING DEPARTMENT After discussion, a motion was made by Alderman Torgerson to ap- prove the purchase of a replacement printer for approximately $1,449. Alderman Mlinar seconded the motion, and it carried unani- mously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7897 - RESOLUTION RELATING TO $500,000 GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF Following discussion, Alderman Mikulecky moved to approve the sale and to waive reading and adopt Resolution No. 7897. The motion was seconded by Alderman Mlinar and unanimously carried 4 to 0, with Alderman Carls absent from voting. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING DEMOLITION BIDS FOR WEST RIVER PARK STRUCTURES (DEFERRED OCTOBER 12, 1984) After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and award the demolition bids as recommended. Motion unanimously carried. m COUNCIL MINUTES OCTOBER 23, 1984 (b) DISCUSSION OF SLIDING SCALE FOR ENGINEERING AND ADMINISTRATION FEES Following discussion, Alderman Carls moved to reduce the reimburse- ment fee from 17 percent to 14 percent. Motion seconded by Alder- man Mikulecky. Alderman Carls amended his motion to instruct the City Administrator to prepare a resolution of policy to be acted upon at the next Council meeting, and further to direct the Finance Director to prepare a financial report showing the impact of the transfer for 1985. Alderman Torgerson seconded the amended motion, and it carried unanimously. The motion unanimously carried. (c) CONSIDERATION OF OPTION ON WENDORFF PROPERTY AT 6 NORTH FRANKLIN STREET After discussion, it was moved by Alderman Mlinar to approve and authorize signing the option contract. Alderman Torgerson seconded the motion, and it carried, with Alderman Mikulecky voting nay. (d) CONSIDERATION OF SEALING WELLS ON LAWCON GRANT PROJECT SITE PRIOR TO DEMOLITION OF STRUCTURES (DEFERRED OCTOBER 9, 1984) Following discussion, the motion was made by Alderman Torgerson to approve sealing the wells on the project site prior to demolition of the structures. Motion seconded by Alderman Mikulecky and car- ried unanimously. (e) CONSIDERATION OF REQUEST BY 45 LIBRARY SQUARE PARTNERSHIP FOR FIVE FOOT EASEMENT TO REAR OF BRETZKE BUILDING FACILITY FOR PROTECTION OF UTILITY METERS AND MAINTAINING ENTRANCE (DEFERRED OCTOBER 9, 1984) After discussion, Alderman Mlinar moved to approve a perpetual easement to the rear of the Bretzke building and to waive the first reading of Ordinance No. 24/84 and set the second reading for November 13, 1984. Alderman Torgerson seconded the motion, and it unanimously carried. (f) CONSIDERATION OF COUNCIL POLICY ON MINUTE -TAKING AT WORKSHOPS AND DIRECTORS MEETINGS Following discussion, it was moved by Alderman Carls to have min- utes summarizing all meetings held by the City Council. Motion seconded by Alderman Torgerson. Alderman Mikulecky moved to limit the debate and vote on the question. The motion was seconded by Alderman Torgerson and failed, with Aldermen Carls, Mlinar and Mayor Stearns voting nay and Aldermen Mikulecky and Torgerson voting aye. The vote on the question carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF VIOLATION OF ZONING ORDINANCE AND OLD SHED AT 895 DALE STREET 5 COUNCIL MINUTES OCTOBER 23, 1984 After lengthy discussion, the motion was made by Alderman Torgerson to direct the City Attorney to proceed with legal prosecution of violation of the city zoning ordinances. Motion seconded by Alder- man Mlinar and carried 4 to 0, with Alderman Carls abstaining from voting. RECESS: The City Council adjourned at 9:55 P.M. for a five minute recess. (b) CONSIDERATION OF TRANSFER OF BOND ISSUANCE AUTHORITY TO CITY OF ORTONVILLE Following discussion, Alderman Carls moved to approve entering in- to an allocation agreement and to waive reading and adopt Resolu- tion No. 7898. The motion was seconded by Alderman Mlinar and car- ried unanimously. (c) CONSIDERATION OF APPOINTMENT OF PERA INTERIM DIRECTOR After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Torgerson, to waive reading and adopt Resolution No. 7900 ex- pressing concern of the appointment of the PERA interim director. Motion unanimously carried. (d) REVIEW OF LIQUOR LICENSE FOR T. L. SCALAWAGS, INC. The motion was made by Alderman Torgerson to defer action on the liquor license for T. L. Scalawags until the next Council meeting. The motion was seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF APPLICATION FOR DEFERRED SPECIAL ASSESSMENTS BY GEORGE LUTHENS Following discussion, the motion was made by Alderman Torgerson to approve the deferred special assessments for George Luthens and file the application with the County Auditor. Alderman Mikulecky seconded the motion, and it unanimously carried. (f) CONSIDERATION OF RENTAL AGREEMENT CONTRACT FOR COMMUNITY DEVELOP- MENT OFFICE After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Torgerson, to approve and authorize signing the rental agree- ment contract. The motion carried unanimously. (g) CONSIDERATION OF TRANSFORMER PAD INSTALLATION ON CITY PARKING LOT (FORMER HAZEL BASEMAN PROPERTY) Following discussion, Alderman Mikulecky moved to approve the transformer pad installation. The motion was seconded by Alderman Torgerson and unanimously carried. C.1 COUNCIL MINUTES OCTOBER 23, 19814 (h) CONSIDERATION OF RECOMMENDATION OF LIBRARY BOARD FOR TEMPORARY FACILITIES AND SIX-MONTH LEASE AT CENTURY 21 BUILDING After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the lease agreement with B & F Investments. The motion carried unanimously. (i) CONSIDERATION OF KEN TENNEY TO INSTALL A STREET OR VACATE STREET RIGHT-OF-WAY Following discussion, Alderman Carls moved to direct the City En- gineer and City Attorney to investigate the right-of-way titles and other action necessary for Gauger Street to become a through street. The motion was seconded by Alderman Mlinar and unanimously carried. (j) CONSIDERATION OF SUBDIVISION AGREEMENT FOR ORCHARD PARK FIRST ADDITION After discussion, it was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to approve and authorize signing the subdivision agreement for Orchard Park First Addition. The motion carried unanimously. (k) CONSIDERATION OF CORRESPONDENCE FROM MINNESOTA COALITION OF OUTSTATE CITIES REGARDING OPTIONS ON LOBBYING Following discussion, the motion was made by Alderman Carls to waive reading and adopt Resolution No. 7901 to deny lobbying. The motion was seconded by Alderman Torgerson and unanimously carried. (1) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GORDON HEDLUND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY After discussion, Alderman Torgerson moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 7885, with contingencies. Alderman Mikulecky seconded the motion, and it carried unanimously. (m) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY KENNETH NORTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Following discussion, it was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the conditional use permit and to waive reading and adopt Resolution No. 7886, with contingencies. The motion unanimously carried. (n) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY VICKI HOEFT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 7 COUNCIL MINUTES OCTOBER 23, 1984 After discussion, the motion was made by Alderman Torgerson to approve the conditional use permit and to waive reading and adopt Resolution No. 7887. The motion was seconded by Alderman Mlinar and carried unanimously. (o) CONSIDERATION OF SIGN VARIANCE SUBMITTED BY B & F INVESTMENTS (CENTURY 21) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following considerable discussion, Alderman Torgerson moved to reject the sign variance based upon the recommendation of the Plan- ning Commission and the reading of the city ordinance. Alderman Mlinar seconded the motion, and it unanimously carried. (p) CONSIDERATION OF VARIANCE AS SUBMITTED BY ERICKSON OIL COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was moved by Alderman Carls to defer action to the next Council meeting. The motion was seconded by Alderman Mlinar and carried unanimously. (q) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY PAUL BETKER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION After considerable discussion, the motion was made by Alderman Carls to approve the conditional use permit, with changes, and to waive reading and adopt Resolution No. 7899. Alderman Mlinar sec- onded the motion, and it carried 4 to 0, with Alderman Torgerson abstaining from voting. It was moved by Ald6rman Torgerson to approve a split of the lot. The motion was seconded by Alderman Mlinar and carried unanimously. (r) CONSIDERATION OF FINAL PLAT FOR HELLAND'S SIXTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the final plat for Helland's Sixth Addition and to waive reading and adopt Resolution No. 7889. The motion was seconded by Alderman Mlinar and unanimously carried. (s) CONSIDERATION OF FINAL PLAT FOR ORCHARD PARK FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to approve the final plat and waive read- ing and adopt Resolution No. 7890. The motion carried unanimously. (t) CONSIDERATION OF FINAL PLAT FOR BETHKE'S ROLLING GREENS THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikuleeky moved to approve the final plat and waive reading and adopt Resolution No. 7891. The motion COUNCIL MINUTES OCTOBER 23, 1984 was seconded by Alderman Torgerson and unanimously carried. (u) CONSIDERATION OF FINAL PLAT FOR LAKEWOOD TERRACE FOURTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve the final plat and waive read- ing and adopt Resolution No. 7892. Motion carried unanimously. (v) CONSIDERATION OF PETITION FOR ANNEXATION AS SUBMITTED BY DENNIS K. ALBERTSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the peti- tion for annexation and waive reading and adopt Resolution No. 7893. The motion was seconded by Alderman Carls and unanimously carried. (w) CONSIDERATION OF REQUEST FOR REZONING OF LOT IN DAVID LEE ACRES SUBMITTED TO COUNTY After discussion, the motion was made by Alderman Mikulecky to ap- prove rezoning of a lot in David Lee Acres. Alderman Torgerson seconded the motion, and it carried unanimously. (x) CONSIDERATION OF MAC'S BLUFF ADDITION (PROJECT NO. 85-01-34) BY ORDERING ENGINEER'S REPORT, RECEIVING REPORT AND SETTING HEARING DATE Following discussion, Alderman Torgerson moved to accept the en- gineer's report, set the hearing for November 13, 1984 at 8:00 P.M., and to waive reading and adopt Resolutions No. 7895 and 7896. The motion was seconded by Alderman Mlinar and unanimously carried. (y) CONSIDERATION OF WATERMAIN ON OAK STREET After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Torgerson, to approve installation of a watermain on Oak Street between College Avenue and Griffin Avenue. Motion carried unanimously. (z) CONSIDERATION OF SANITARY SEWER SERVICE This item was removed from the agenda. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that the delinquent water ac- counts for the month of October needed Council action. It was moved by Alderman Carls, seconded by Alderman Mlinar, to discon- tinue service on October 29, 1984 at noon unless otherwise noted. The motion carried unanimously. 9 • COUNCIL MINUTES OCTOBER 23, 1984 Mr. Plotz reported that the Community Development Corp. has put out a newsletter, which the Council will be receiving. (b) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe stated that the next City Council agenda will contain an item regarding the watermain by Tartan Park. Also, the ground storage reservoir item will be placed back on the agenda. It was suggested that the Council determine a date and time when the Councilmen can visit the Lester Prairie treatment plant. Permission was requested by City Engineer Priebe to attend a Public Works Field Conference on November 14 and 15. The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the con- ference. Motion unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky raised a question regarding building permit fees for construction of a city building. (d) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns inquired if the City Council wished to reconsider the recommendation of merit increases for two program supervisors in the recreation department who are salaried employees. After discussion, Alderman Torgerson moved to reconsider the ques- tion of merit increases for salaried employees. Alderman Carls seconded the motion, and it carried 4 to 1, with Alderman Mikulecky voting nay. Alderman Carls moved to amend the main motion made on October 9, 1984 to include merit increases recommended for the two recreation program supervisors. The motion was seconded by Alderman Torgerson and carried 4 to 0, with Alderman Mikulecky abstaining from voting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:25 P.M. 10