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11-13-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 13, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing were present: Alderman Mike Carls, 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 Tim Maland. 3. MINUTES The minutes of the regular meeting of October 23, 1984 were approved as presented. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1984 2. NURSING HOME BOARD MINUTES DATED SEPTEMBER 27, 1984 3. HOSPITAL BOARD MINUTES DATED SEPTEMBER 18, 1984 Mayor Stearns ordered that the report and minutes be received for filing. (b) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY MABEL REITER The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the request for a reduced trash and refuse rate. Motion unanimously carried. (c) CONSIDERATION OF APPOINTMENTS: 1. TERRI EILERTSON TO LIBRARY BOARD 2. ROBERT DURFEE TO HOSPITAL BOARD It was moved by Alderman Carls to ratify the appointments. The motion was seconded by Alderman Mlinar and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) 1985 IMPROVEMENT PROJECTS: 1. PROJECT NO. 85-01-24 1 COUNCIL MINUTES NOVEMBER 13, 1984 Mayor Stearns called the public hearing to order at 8:00 P.M. for consideration of 1985 improvement projects. City Engineer Priebe reported the condition of city streets had been reviewed, and it was recommended that a plant mix overlay be applied to the proposed streets. The estimated cost of the improvement project would be $145,000, or $5 a front foot. The property owner would be given a $2 front foot credit for seal coating and assessed $3 a front foot for the overlay. He then explained the difference between A, B and C streets and stated type B streets were being considered for the hearing. Mr. Cyril Hatten, 655 Milwaukee, stated that in 1976 he was assessed for a base coat and top coat on Milwaukee. He was op- posed to paying for a second top coat. Mr. Melvin Bipes, 805 Maple, made reference to a corner lot on Ash and College that he owned in 1968. He was assessed for the long side of the property, but the present owner was being assessed for the short side of the lot. Mr. Bipes felt he should receive a refund for his previous College Avenue assess- ment. He inquired how many years the overlay would last. City Administrator Plotz informed the property onwers that the city recently changed its assessment policy. Corner lot assessments are now based on a per front foot of the short side of the property. The city pays for the cost of the long side of a corner lot and intersections. City Engineer Priebe stated that the city pays for seal coat- ing. It was anticipated the overlay would last about 20 years. Mr. Brad Larson, 135 10th Avenue N.E., commented that about seven or eight years ago a top coat was put on his street, and it didn't need any upgrading at this time. It was pointed out by Maintenance Operations Director Neumann that Mr. Larson's portion of 10th Avenue N.E. was not included in the improvement project. Mr. Clarence Kohls, 545 Lynn Road, inquired what type of top coat was put on Fourth Avenue by the park. It was his opinion that a street with an overlay would last longer. Mr. Kohls asked if the overlay was the same mix put on the street by the Coca Cola plant. He received an affirmative answer. Rev. Tim Maland, 855 Spruce, stated he was looking at the long run. He believed the city would be overlooking the property owners' needs if it applied a seal coat layer. He approved of an overlay. ro 4 COUNCIL MINUTES NOVEMBER 139 1984 Alderman Torgerson made the motion to close the hearing at 8:28 P.M. The motion was seconded by Alderman Mlinar and carried unanimously. Following discussion, Alderman Carls moved to defer a decision on the project until the November 27, 1984 City Council meet- ing. Alderman Torgerson seconded the motion, and it unani- mously carried. 2. PROJECT NO. 85-01-34 The hearing on Project No. 85-01-34 was called to order at 8:48 P.M. for consideration of gravel base, curb and gutter, and ap- purtenances on Walnut Street and Hillcrest Road in Mac's Bluff Addition. The estimated cost of the improvement was $18,850. There being no one present for the hearing, Alderman Mlinar moved to close the hearing at 8:50 P.M. The motion was sec- onded by Alderman Torgerson and carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve Project No. 85-01-34 and to waive reading and adopt Resolution No. 7908. Motion unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION ON SPENDING CITY MONIES BY CLARENCE KOHLS Mr. Clarence Kohls came before the Council to inquire about several current and future city projects. If the projects defaulted, he wondered who would pay off the bonds. He also raised a question regarding the difference in property valuation from one end of town to the other. Mr. Kohls wanted to know if the increase to the 1985 budget would affect the property owner in taxes. (b) REPORT ON PARKVIEW PLAZA PROJECT BY FRANK FAY Mr. Frank Fay reported he was working with two developers on two different plans, ie., rentals or condominiums. He hoped to have his plans finalized by the first of the year. Although he was still interested in including the old fire hall, Mr. Fay had no tie to the property at this time. RECESS: The City Council adjourned at 9:45 P.M. for a five minute recess. (c) REVIEW OF GASOLINE PURCHASED BY CITY (REQUESTED BY ALDERMAN PAT MIKULECKY) Alderman Mikulecky inquired why the city had not advertised for competitive bidding for gasoline. 3 a COUNCIL MINUTES NOVEMBER 13, 1984 City Administrator Plotz reported the Cenex service was being used on a trial basis. This company was able to provide both 24-hour service and an accounting system. Following discussion, the Council requested a report on the Cenex service from Director Ralph Neumann. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 24/84 - AN ORDINANCE GRANTING AN EASEMENT TO CERTAIN MUNICIPALLY OWNED PROPERTY Alderman Carls moved to waive first reading and set second reading for November 27, 1984. The motion was seconded by Alderman Mlinar. After discussion, Alderman Mlinar moved to rescind his prior motion. Motion seconded by Alderman Carls and unanimously carried. The motion was made by Alderman Mlinar to waive the second reading and adopt Ordinance No. 702. Alderman Carls seconded the motion, and it carried unanimously. It was further moved by Alderman Mlinar, seconded by Alderman Carls, to waive the first reading of Ordinance No. 26/84 to grant a gas line easement and to set second reading for November 27, 1984. Motion unanimously carried. (b) ORDINANCE NO. 25/84 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRI- TORIES BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON It was moved by Alderman Torgerson, seconded by Alderman Carls, to waive the first reading of Ordinance No. 25/84 and set second read- ing for November 27, 1984. Motion unanimously carried. (c) RESOLUTION NO. 7912 - RESOLUTION FOR PURCHASE Alderman Mikulecky made the motion to waive reading and adopt Reso- lution No. 7912. The motion was seconded by Alderman Torgerson and carried unanimously. (d) RESOLUTION NO. 7913 - RESOLUTION ENTERING INTO CONTRACT WITH MN/DOT FOR PUBLIC TRANSPORTATION FOR 1985 The motion was made by Alderman Carls, seconded by Alderman Torger- son and unanimously carried, to waive reading and adopt Resolution No. 7913. (e) RESOLUTION NO. 7915 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND It was moved by Alderman Mlinar to waive reading and adopt Resolu- tion No. 7915. The motion was seconded by Alderman Carls and car- ried unanimously. 4 COUNCIL MINUTES NOVEMBER 13, 1984 (f) RESOLUTION NO. 7918 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7918. Motion unanimously carried. (g) RESOLUTION NO. 7919 - RESOLUTION AUTHORIZING SUBSTITUTION OF SECUR- ITIES TO CITIZENS BANK & TRUST It was moved by Alderman Torgerson to waive reading and adopt Reso- lution No. 7919. Alderman Mikulecky seconded the motion, and it carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF VARIANCE AS SUBMITTED BY ERICKSON OIL COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED OCTOBER 23, 1984) Following discussion, the motion was made by Alderman Carls to defer action until the next City Council meeting for a written agreement between Erickson Oil Company and the abutting property owners. Motion seconded by Alderman Torgerson and unanimously car- ried. (b) REVIEW OF LIQUOR LICENSE FOR T. L. SCALAWAGS, INC. After a report from the City Attorney, it was moved by Alderman Torgerson to hold a hearing on the liquor license at the November 27, 1984 Council meeting. Alderman Carls seconded the motion, and it unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR DEMOLITION AT 515 FIRST AVENUE SOUTHEAST It was moved by Alderman Carls, seconded by Alderman Mlinar, to award the demolition bid to Rettman Construction. Motion carried unanimously. (d) CONSIDERATION OF AWARDING BID AND SALE FOR $500,000 GENERAL OBLIGA- TION RECREATION CENTER BONDS, SERIES 1984 Following a report by Bonding Consultant Bill Fahey, the motion was made by Alderman Mlinar to award the bid and sale of the bond to Allison -Williams Company and to waive reading and adopt Resolution No. 7914. The motion was seconded by Alderman Torgerson and car- ried unanimously. 5 COUNCIL MINUTES NOVEMBER 13, 1984 9. NEW BUSINESS (a) CONSIDERATION OF AGREEMENT FOR ESTATE OF LOUIS WALLER FOR WALLER'S SUBDIVISION After discussion, Alderman Mlinar moved to approve and authorize entering into an agreement. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF WATER AND SEWER FOR LOT 15, BLOCK 3, SELCHOW- JORGENSON SUBDIVISION Following discussion, the motion was made by Alderman Carls to ap- prove water and sewer service to lot 15, block 3, Selchow-Jorgenson Subdivision, with the owner of record paying for the service lines out 40 feet from his property line. Alderman Torgerson seconded the motion, and it carried unanimously. (e) CONSIDERATION OF WINTER INTERMENT AND SPRING BURIAL AT CEMETERY The Reverend Jon Lindekugel represented the local ministerial re- garding winter interment and spring burial at the Hutchinson ceme- tery. Also, the difference in burial cost was discussed. After a lengthy discussion, it was moved by Alderman Mlinar, sec- onded by Alderman Carls, to defer action until the next Council meeting. Motion unanimously carried. (d) CONSIDERATION OF WATERMAIN IMPROVEMENT PROJECT NO. 85-01-33 BY ORDERING AND RECEIVING REPORT AND SETTING HEARING DATE Following discussion, Alderman Torgerson made the motion to accept the report and set a public hearing for November 27, 1984 at 8;00 P.M. The motion was seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7916 and No. 7917. Motion carried unanimously. (e) CONSIDERATION OF GROUND STORAGE RESERVOIR AT WATER TREATMENT PLANT After discussion, the motion was made by Alderman Carls to approve alternate No. 2 (cost estimate of $153,000) for repair of the ground storage reservoir and authorization to proceed with the design. Alderman Mlinar seconded the motion, and it unanimously carried. 9 COUNCIL MINUTES NOVEMBER 13, 1984 (f) CONSIDERATION OF ESTABLISHING DATE OF DECEMBER 18 OR DECEMBER 20 FOR SECOND REGULAR CITY COUNCIL MEETING IN DECEMBER 1984 It was moved by Alderman Torgerson, seconded by Alderman Mlinar, that the City Council meet on December 20, 1984, 7:30 P.M., for their second regular meeting in December. Motion carried unani- mously. (g) CONSIDERATION OF ESTABLISHING DATE AND TIME FOR TOUR OF LESTER PRAIRIE TREATMENT PLANT After discussion, it was the consensus of the Council to postpone the tour indefinitely. (h) CONSIDERATION OF ENTERING INTO CAR ,IMPOUNDING CONTRACT WITH PLOW- MAN'S, INC. The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve and enter into a two year contract with Plowman's, Inc. The motion carried unanimously. (i) CONSIDERATION OF MAINTENANCE AGREEMENTS FOR LIQUOR STORE Alderman Torgerson moved to approve and enter into maintenance agreements for the liquor store. The motion was seconded by Ald- erman Mlinar and unanimously carried. (j) CONSIDERATION OF REMOVAL OF SPECIAL ASSESSMENTS ON UNITED STATES POST OFFICE Following discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve removal of special assessments on the U.S. Post Office. Motion carried unanimously. (k) CONSIDERATION OF SUBDIVISION AGREEMENT FOR CALIFORNIA SECOND ADDITION After discussion, the motion was made by Alderman Torgerson to ap- prove and authorize signing the subdivision agreement for Cali- fornia Second Addition. Alderman Mikulecky seconded the motion, and it unanimously carried. (1) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON APPROVED 1985 IMPROVEMENT PROJECTS Following discussion, Alderman Carls moved to approve the plans and specifications and to advertise for bids on December 10, 1984 at 2:00 P.M., and to waive readings and adopt Resolutions No. 7910 and No. 7911. The motion was seconded by Alderman Torgerson and car- ried unanimously. 7 COUNCIL MINUTES NOVEMBER 13, 1984 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz requested the Council to take action on a cigarette license application received from Coast to Coast. Alder- man Carls moved to approve the application and issue a cigarette license. The motion was seconded by Alderman Mikulecky and carried unanimously. Mr. Plotz referred to various items contained in his Administrative Newsletter. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported on the current status of several pending legal matters. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on a complaint regarding dogs and snow birds. (d) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS Mayor Stearns stated Ward Haugen had inquired about the condition of the road in front of his business. The City Engineer reported the road could be dust coated in the spring. The Mayor commented a Cable TV Commission was to be formed, and he hoped to have names for appointment at the next Council meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the claims and authorize payment from the ap- propriate funds. Motion unanimously carried. 12. ADJOTIRNMF.NT There being no further business, the meeting adjourned at 11;08 P.M.