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11-25-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 25, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz and City Attorney James Schaefer. 2. INVOCATION The invocation was given by Father Peter Zafe. 3. MINUTES The minutes of the regular meeting of November 10, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1986 2. AIRPORT COMMISSION MINUTES - NOVEMBER 5, 1986 3. PLANNING COMMISSION MINUTES - OCTOBER 21, 1986 4. NURSING HOME BOARD MINUTES - OCTOBER 23, 1986 5. HOSPITAL BOARD MINUTES - OCTOBER 21, 1986 (b) CHRISTMAS TREE SALES PERMIT: 1. CYNTHIA J. BEADELL 2. LEONARD RIEMANN 3. CHARLES PULKRABEK The motion was made by Alderman Carls, seconded by Alderman Torgerson, to order the minutes and report filed and to issue the permits. Motion unanimously carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF PLAQUE TO DONALD ERICKSON Mayor Ackland presented Donald Erickson with a plaque of appreciation for his years of service on the Planning Commission. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8421 - RESOLUTION AUTHORIZING RELEASE AND SUBSTITUTION OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA 1 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 The motion was made by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8421. Motion unanimously carried. (b) ORDINANCE NO. 27/86 - AN ORDINANCE AMENDING SECTION 1025 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED: NUISANCES PROHIBITED Alderman Torgerson moved to waive first reading of Ordinance No. 27/86 and set the second reading for December 9, 1986. Motion seconded by Alderman Mlinar and carried unanimously. (c) RESOLUTION NO. 8422 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to waive reading and adopt Resolution No. 8422 for purchase of diesel fuel. Motion unanimously carried. (d) RESOLUTION NO. 8427 - TRANSFERRING $560,000 FROM THE GENERAL FUND TO HUTCHINSON POLICE STATION CONSTRUCTION FUND Alderman Torgerson moved to waive reading and adopt Resolution No. 8427. Motion seconded by Alderman Carls and carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HIGHWAY 15 SOUTH IMPROVEMENT - PROJECT NO. 87-06 (DEFERRED NOVEMBER 10, 1986) Two MN/DOT representatives were present to review the proposed layout plan for Highway 15 South. Discussion was given to including a left- hand turn on Echo Drive. Also, the proposed sidewalk commencing at the corner of South Grade Road and extending to the Hutchinson Mall was discussed. A question was raised about funding to pay for the project, and the Council stated no decision had been made. Following extensive discussion, the motion was made by Alderman Mlinar to approve project No. 87-06 contingent upon the inclusion of a left- hand turn on Echo Drive and moving the parking lot as far as possible to the north on the end of Main Street. Motion seconded by Alderman Torgerson and carried unanimously. Alderman Mlinar moved to waive reading and adopt Resolution No. 8430 with the stipulations. Alderman Torgerson seconded the motion and unanimously carried. (b) DISCUSSION OF MAPLEWOOD ACADEMY LATERAL 1/COUNTY DITCH 18/COUNTY BOARD (DEFERRED OCTOBER 14, 1986) City Attorney Schaefer presented an update report. Following discus- sion, Alderman Torgerson moved to authorize the City Attorney to con- tact Maplewood Academy's legal counsel and find out specific details of 2 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 their assumption that the City of Hutchinson should be responsible for their drainage. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF POLICY FOR RECONSTRUCTION OF CITY STREETS (DEFERRED NOVEMBER 10, 1986) Following discussion, Alderman Mlinar moved to defer to the December 9, 1986 Council meeting. Motion seconded by Alderman Mikulecky and car- ried unanimously. (d) CONSIDERATION OF CITY AUDIT COST COMPARISON (DEFERRED NOV. 10, 1986) After discussion, it was the consensus of the Council that the City consider audit proposals for 1987. It was suggested that the City prepare written specifications of what should be done by an auditor. Alderman Mlinar moved to approve the present auditor, Charles Bai11y & Company, for 1986. Motion seconded by Alderman Torgerson. The motion was made by Alderman Mikulecky to amend the motion to set the fee at $14,000. Motion failed for lack of a second. The main motion carried three to two, with Aldermen Mlinar and Torgerson and Mayor Ackland vot- ing aye and Aldermen Carls and Mikulecky voting nay. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Carls to discontinue service unless special arrangements had been made as stated in the memo. Alderman Mikulecky seconded the motion and unanimously carried. (b) CONSIDERATION OF EQUIPMENT MAINTENANCE AGREEMENT WITH PITNEY BOWES FOR ELECTRONIC SCALE Alderman Carls moved to approve and enter into an agreement with Pitney Bowes. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF ESTABLISHING BID DATE FOR ADVERTISEMENT OF NEW TRANSIT BUS (HUTCHMOBILE) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and set the bid date for January 20, 1987. Motion carried unanimously. (d) CONSIDERATION OF 1987 IMPROVEMENT PROJECTS Alderman Carls made the motion to defer. Motion seconded by Alderman Mikulecky and unanimously carried. (e) CONSIDERATION OF RECONVEYANCE OF LAND 3 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 Following discussion of the City obtaining the right-of-way adjacent to the water plant site on the north side of Hwy. 7 East and the east side of Prospect Street, Alderman Carls moved to reject the purchase. Mo- tion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF CAR IMPOUNDING CONTRACT It was reported that the car impounding contract with Plowman's ex- pired the end of November, and Modern Mazda had submitted a proposal for the contract. After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to open it up and advertise for bids. Motion carried unanimously. (g) CONSIDERATION OF MCLEOD COUNTY ANIMAL SHELTER USING LOBBY AREA OF RECREATION CENTER FOR MONTHLY PET ADOPTION DAY City Attorney Schaefer pointed out the animal shelter should provide proof of liability insurance and enter into an agreement to hold the City harmless. Alderman Carls moved to approve the use of the lobby area of the rec- reation center. Motion seconded by Alderman Mikulecky. The motion was amended by Alderman Carls to include the City Attorney's concern for liability insurance and a hold harmless agreement. Amended motion sec- onded by Alderman Mlinar and carried unanimously. Main motion unani- mously carried. (h) CONSIDERATION OF POLICY FOR CHRISTMAS EVE CLOSING OF CITY OFFICES The motion was made by Alderman Carls to approve the policy of closing City Hall at 3:00 P.M. on December 24. Alderman Torgerson seconded the motion and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MICHAEL AND PATTI BLAKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mikulecky made the motion to approve the conditional use per- mit and to waive reading and adopt Resolution No. 8423. Motion sec- onded by Alderman Torgerson and carried unanimously. (j) CONSIDERATION OF REZONING REQUEST BY TYRONE HELLAND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the rezoning and waive first reading of Ordinance No. 28/86 and set second reading December 9, 1986. Motion unanimously carried. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DENNIS RADUENZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to approve the conditional use permit and to 4 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 waive reading and adopt Resolution No. 8424. Motion seconded by Alder- man Carls and carried unanimously. (1) CONSIDERATION OF VARIANCE AND CONDITIONAL USE PERMIT REQUESTED FOR SUPER AMERICA STORE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Super America representatives addressed the concerns for a variance and conditional use permit. After discussion, Alderman Carls moved to ap- prove the variance and conditional use permit and to waive readings and adopt Resolutions No. 8425 and No. 8426. Alderman Mlinar seconded the motion and unanimously carried. (m) CONSIDERATION OF EQUIPMENT FOR RECREATION CENTER The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the purchase. Motion carried unanimously. (n) CONSIDERATION OF CITY POLICIES FOR POLICY BOOK Following considerable discussion, the motion was made by Alderman Mik- ulecky, seconded by Alderman Torgerson, to authorize the City Adminis- trator to be in charge of approving travel, conferences and schools requests, to maintain a log book on all miles for the Police Chief and Investigator's vehicles, and to approve the petty cash policy, cash policy and special events policy. Motion unanimously carried. RECESS: The City Council adjourned at 9:42 P.M. for a recess. (o) CONSIDERATION OF PART-TIME RECEPTIONIST FOR PARKS AND RECREATION DEPARTMENT Following discussion, Alderman Carls moved to approve the recommenda- tion to hire Sue Larson. Motion seconded by Alderman Torgerson and unanimously carried. (p) CONSIDERATION OF TWO SERVICE AGREEMENTS FOR WASTEWATER TREATMENT PLANT The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the service agreements with Power Process for $2,418.75 and with Waldor Pump for $400/year. Motion carried unanimously. (q) CONSIDERATION OF PUBLIC SALE OF HUTCHINSON UTILITIES $3,920,000 ELECTRIC UTILITY REVENUE BONDS OF 1986 The Utilities Commission's bond consultant from Juran & Moody reviewed the bond sale and Resolution No. 8428 with the City Council. The mo- tion was made by Alderman Mlinar to approve the bond sale and to waive reading and adopt Resolution No. 8428. Motion seconded by Alderman Torgerson and carried four to one, with Alderman Mikulecky voting nay. N1 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 (r) CONSIDERATION OF ENTERPRISE FUNDS BUDGET FOR LIQUOR STORE, SEWER/WATER/ REFUSE, AND CENTRAL GARAGE Following discussion, Alderman Carls moved to approve the budgets of the liquor store, sewer/water/refuse and central garage, with the dele- tion of two vehicles from the proposal presented at the special meeting of November 20, 1986, and waive reading and adopt Resolution No. 8429. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported Newell Weed had received the petition form for the Greencastle fire hydrant. It will contain 100 percent signatures of affected property owners. Mr. Weed requested the fire hydrant be installed as soon as possible. Alderman Mlinar moved to give the City Engineer authorization to have the fire hydrant installed. Motion seconded by Alderman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented on a safety problem existing to the south of the elementary school where the no parking zones are located. The Hutchinson Safety Council was requesting the Police Department to pro- vide an officer to be on duty from 7:45 A.M. to 8:15 A.M. and 3:00 P.M. to 3:30 P.M. whenever possible. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky moved that the Council send Resolution No. 8431 to MN/DOT requesting the reduction of the speed limit on Highway 7 West from 50 m.p.h. speed zone to 40 m.p.h., and in the west bound lane that the 55 m.p.h. sign located at School Road be moved west to Shady Ridge Road. Motion seconded by Alderman Mlinar and carried unanimously. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he had received a request for the use of Library Square on December 13, 1986 at 8:30 A.M. for a flag raising ceremony in conjunction with the 350th anniversary of the National Guard. Alderman Mlinar moved to approve the request. Motion seconded by Alderman Carls and unanimously carried. Mayor Ackland commented on the performance review of the City Attorney. Attorney Schaefer stated he had a copy of the review. There was discussion concerning the complaint received regarding local businesses selling "adult" magazines on open display and XXX rated C1 CITY COUNCIL MINUTES - NOVEMBER 25, 1986 videos readily available. City Attorney Schaefer reported he had writ- ten letters to those concerned. It was reported the Mayor and City Administrator had done a performance review of the Police Chief today. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:15 P.M. 7