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09-23-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 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 Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer (arrived at 7:40 P.M.). 2. INVOCATION The invocation was given by the Reverend Harry Kelm. 3. MINUTES The minutes of the special meeting of September 3, 1986, regular meeting of September 9, 1986 and bid opening of September 9, 1986 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1986 2. PLANNING COMMISSION MINUTES OF AUGUST 19, 1986 3. HOSPITAL BOARD MINUTES OF AUGUST 19, 1986 (b) CONSIDERATION OF GAMBLING LICENSE FOR HUTCHINSON JAYCEES AT O'TOOLES PUB The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the minutes and report filed and to issue the gambling license. Motion unanimously carried. 5. PUBLIC HEARING 8:00 P.M. (a) CONSIDERATION OF 1987 CITY BUDGET Mayor Ackland called the hearing to order at 8:00 P.M. No one was present to be heard. The motion was made by Alderman Mlinar to close the hearing at 8:02 P.M. Motion seconded by Alderman Carls and car- ried unanimously. Finance Director Kenneth B. Merrill reviewed the 1987 City budget. Administrator Plotz inquired if the unpaid tax increment for S & L Rehab could be certified against the property and added to the tax list at this time. Also, there was discussion regarding assessing the de- linquent water account for Midwest Trailer Court and certifying it to the property owner's taxes. It was the City Attorney's opinion that this was the best alternative for eventual payment to the City. The Finance Director was then asked to obtain information from the County 0 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 on the status of the property owner's tax payments, with discussion at the next Council meeting. Alderman Torgerson moved to waive reading and adopt Resolution No. 8395 to certify assessments of the City to the County, with inclusion of the delinquent tax increment for S & L Rehab. Motion seconded by Alderman Mikulecky and unanimously carried. Alderman Torgerson moved to waive reading and adopt Resolution No. 8396 approving the 1987 tax levy. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to waive reading and adopt Resolution No. 8397 adopting the 1987 General Fund Budget. Motion seconded by Alderman Mlinar and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR SUNDAY LIQUOR REFERENDUM City Administrator Plotz reported there were approximately 200 names submitted, which was not enough to meet the petition requirements. The City would need 30 days prior to the election date to prepare the ballot. No action was taken. (b) PRESENTATION BY POLICE DEPARTMENT BUILDING COMMITTEE It was reported the presentation would be made at the October 14 meet- ing. (c) CONSIDERATION OF REQUEST FOR STREET LIGHTS: 1. CORNER OF ONTARIO STREET & FIFTH AVENUE S.E. (ALLEY) 2. CURVE OF BRADFORD STREET IN OAK PARK SECOND ADDITION Following discussion, Alderman Torgerson moved to approve the lights and refer the requests to the Hutchinson Utilities. Motion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF PENALTY POLICY FOR LATE PAYMENT Administrator Plotz reported the City received a complaint from a resi- dent who was charged late penalty because he was on vacation. He pointed out that if the City was notified, the penalty would be waived. This individual had not contacted City Hall. In addition, he was not being billed for sewer service. Following discussion, it was suggested that a notice be sent out to the residents reminding them that arrangements for payment can be made if they are to be away for a period of time. FA CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8386 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8386. Motion unanimously carried. (b) RESOLUTION NO. 8387 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA Alderman Carls moved to waive reading and adopt Resolution No. 8387. Motion seconded by Alderman Mikulecky and carried unanimously. (c) ORDINANCE NO. 23/86 - AN ORDINANCE AMENDING SECTION 635:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED WEED ELIMINATION Alderman Mlinar moved to waive first reading of Ordinance No. 23/86 and set second reading October 14, 1986. Motion seconded by Alderman Tor- gerson and carried unanimously. (d) RESOLUTION NO. 8389 - RESOLUTION OF APPRECIATION TO KAYE LINK The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8389. Motion unanimously car- ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF IMPROVEMENT PROJECT NO. 86-12 Engineer Priebe stated the latest information on project 86-12 was received today. There would be no problem with access for a service road. A letter had been sent to all property owners regarding an ease- ment, and Plowman's lot would be used on a temporary basis. Mr. Arlie Schlecht of Plowman's commented they were only in favor of a very temporary service road until the highway project was completed. Following discussion, Alderman Torgerson moved to reject the project and to waive reading and adopt Resolution No. 8401. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF CLEAN UP OF FORD ROLFE THIRD AVENUE PROPERTY Attorney Schaefer reported a citation was issued, and Mr. Rolfe was ordered to remove classic cars from his property. Mr. Ford Rolfe appeared before the Council and stated he was attempt- ing to clean up the area, but he was in conformity with his neighbors' 3 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 property. The wood piled up was for burning, and the cars contained motors he wished to take out before removing them from the property. Alderman Torgerson and Mr. Rolfe agreed to review the area in question the following day. It was the consensus of the Council that as long as the problem was being taken care of, no further action was necessary. (c) CONSIDERATION OF AUDITING FIRM REVIEW OF CASH POLICIES IN OTHER CITY DEPARTMENTS (DEFERRED SEPTEMBER 9, 1986) City Administrator Plotz reported on the scope of the audit to be done by Charles Bailly & Co. to review the cash policies of eight to ten City departments. The proposed total fee would be $2,500 to $3,000, which included the $750 to $1,000 fee for the police department cash fund review now in progress. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the audit review and enter into a con- tract with Charles Bailly & Co. Motion unanimously carried. (d) CONSIDERATION OF WASTEWATER TREATMENT PLANT PHASE III ENGINEER AND FEES (REQUESTED BY ALDERMAN JOHN MLINAR) The three options for scope of services provided by Donohue & Associ- ates was reviewed, as well as the fixed fee. Following lengthy dis- cussion, it was the consensus of the Council to negotiate with Dono- hue for a $75,000 fixed fee and option No. 3, including the survey work, for a 17 -month construction on the wastewater treatment plant. Alderman Mlinar moved to authorize the City Administrator to negotiate with Donohue on the proposed $75,000 fixed fee and option No. 3 with survey work. Motion seconded by Alderman Carls and unanimously car- ried. (e) CONSIDERATION OF FIFTH AVENUE NORTHWEST/MAPLEWOOD ACADEMY STORM DRAINAGE PROBLEM Engineer Priebe presented his storm drainage study in three sections and explained the related costs. Following discussion, Alderman Torgerson moved to approve the report and set a public hearing for project No. 87-05 on October 14, 1986 at 8:00 P.M. Motion seconded by Alderman Mlinar and carried unanimously. Alderman Carls requested the information be available for the next meeting of the amount Maplewood Academy has paid over the years to the County for maintenance of lateral 1. 4 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to authorize discontinuation of service on Sep- tember 29, 1986 at noon unless other arrangements were made. Motion seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF MAINTENANCE SERVICE AGREEMENT WITH BENNETT OFFICE SUPPLIES, INC. FOR COPIER IN RECREATION CENTER The motion was made by Alderman Mlinar to approve the service agree- ment. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF ALARM SYSTEM CONTRACTS WITH ELECTRO WATCHMAN, INC. FOR CAMPBELL LANE LIFT STATION, RECREATION CENTER AND MUNICIPAL LIQUOR STORE Alderman Torgerson made the motion to approve the alarm system con- tracts. Motion seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF PERSONAL INJURY CLAIM SUBMITTED BY DUANE ARNDT City Administrator Plotz reviewed the background of the personal in- jury claim submitted in the amount of $83. The City's insurance com- pany denied the claim; however, the City was negligent in not having proper equipment available for participants in the sports program. Following discussion, Alderman Mlinar moved to approve payment of the claim and directed the City Attorney to prepare the proper documents for a release of liability. Motion seconded by Alderman Carls and car- ried unanimously. (e) CONSIDERATION OF REZONING SUBMITTED BY HELLAND/BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the rezoning and waive first reading of Ordinance No. 24/86 and set second reading October 14, 1986. Motion unanimously carried. (f) REVIEW OF CONDITIONAL USE PERMIT GRANTED TO HAVTI FOR PORTABLE TRAINING UNITS (ANNUAL REVIEW) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Carls moved to approve the conditional use permit reviewal. Motion seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF VARIANCE SUBMITTED BY DR. JAMES KUEHL TO MCLEOD COUNTY (WITHIN TWO MILE RADIUS) WITH DENIAL FROM PLANNING COMMISSION 5 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 Alderman Torgerson reported the Planning Commission's reasons for denial were based on the fact that it was not a hardship due to lot size and neither the City nor County could act without DNR approval. Following discussion, Alderman Torgerson moved to reject the variance for the reasons stated by the Planning Commission. Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 86-14, LETTING NO. 14, AND ADVERTISEMENT FOR BIDS After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the plans and specifications for project No. 86-14, to open bids October 13, 1986 at 2:00 P.M., and to waive reading and adopt Resolution No. 8388. Motion carried unanimously. (i) CONSIDERATION OF WATER SUPPLY TO GOPHER CAMPFIRE SANCTUARY Engineer Priebe reported that about a year ago Gopher Campfire request- ed water usage to the sanctuary. The volume of water used was more than anticipated, and there was consideration of putting in a well. Alderman Carls moved to defer consideration of the water supply and to direct the City Administrator to write a letter to Gopher Campfire re- questing a representative be present at the next Council meeting. Mo- tion seconded by Alderman Torgerson and unanimously carried. (j) CONSIDERATION OF LEASING AIRPORT LAND FOR PRIVATE CONSTRUCTION OF HANGARS BY DOUG MCGRAW This item was removed from the agenda. (k) CONSIDERATION OF SERVICE CONTRACT WITH MAGUIRE IRON FOR INSPECTION OF WATER TOWER Following discussion, Alderman Carls moved to defer until more infor- mation was available. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported Chuck Barger of RCM would give a report on copper service leads at the next Council meeting. It was reported that the energy grant application was approved. Mr. Plotz will attend the September 29 Utilities Commission Meeting to re- view the grant with the Commissioners. The City has received a proposed liquor store layout for the vacant M CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 site adjacent to County Market in Plaza 15. A report on a satellite site for a liquor store will be on the next Council agenda. The Administrator stated Larry Bethke had requested a special meeting of the City Council to act on the Sunday liquor referendum if the re- quired names on a petition were obtained by September 30. City Attor- ney Schaefer commented that sufficient names of petition would require the issue to go on the ballot; however, the City Council was not re- quired to hold a special meeting to act on the petition. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported he had received a complaint regarding the con- ditional use permit issued for a board and lodging home. It appeared that some of the residents were not elderly. Attorney Schaefer stated that age did not necessarily determine the need for this type of lodg- ing. There had been an inquiry about sidewalk being put in from Roberts Park complex east and west to the development of homes by the lake and along School Road to the new elementary school site. Engineer Priebe stated the sidewalk would be put in when the need was there. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar raised a question regarding drawing up duties of the City Administrator position. It had been talked about for several years, but nothing had been done. He suggested the City Administrator could be doing some of the management without a major change in the form of City government. City Administrator Plotz remarked that there were four alternatives being considered by the Charter Commission. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if copies were on file of the City Administrator and City Attorney's reviews which were done months ago. The answer was "no." The two reviewal committees were instructed to do so. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about the City's liability and insurance coverage for the park and recreation programs. (f) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented on the demolition bid for the new police station site and stated the two houses would be demolished this fall. A snow fence would then be put around the area for safety purposes. The bid lettings would be early next year. The Police Station Bulding Committee will present the proposed building design and costs at the October 14 Council meeting. 7 CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 (g) COMMUNICATIONS FROM CITY ATTORNEY JAMES SCHAEFER Attorney Schaefer reported he had contacted 11 property owners regard- ing easements for the proposed wastewater treatment plant. Four addi- tional names of out -lot property owners were also obtained and con- tacted. Since the 3M Company gave an easement to the utilities, he didn't foresee any problem with the City getting one from the company. It was determined Attorney Schaefer should attempt to obtain both sur- face and underground easements from the property owners, but the under- ground easement was most crucial at this point. The City Attorney sug- gested the Council consider what action would be taken if one or more property owners refused to give an easement. It was his suggestion to use eminent domain proceedings, if time permitted. (h) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING MARLOW V. PRIEBE Engineer Priebe reported there was some additional survey work to be done for some of the wastewater treatment plant easements and request- ed to hire Pellinen Land Surveying for the survey. Alderman Carls moved to direct the City Engineer to take care of the survey. Motion seconded by Alderman Torgerson and unanimously carried. It was reported that bids were received today for project No. 86-15, and Engineer Priebe recommended awarding the bid to Wm. Mueller, low bidder, at the amount of $24,076.78. The motion was made by Alderman Carls to award the bid to Wm. Mueller. Motion seconded by Alderman Mlinar and unanimously carried. City Administrator Plotz stated that today he had received a legal opinion from Newell Weed's attorney stating the City's subdivision ordinance regarding cul-de-sacs did not apply to Greencastle, and their proposal had met all requirements. It was his recommendation to con- tinue the awarding of bid to the next meeting and take no action at this time. Alderman Carls withdrew his motion. The City Engineer commented that the curb and gutter section recently replaced on Century Avenue did not retain its proper alignment and grade and will have to be replaced. The Greencastle management was informed the correction should be done this construction season. The Council was informed that TKDA will be presenting the costs study for County Ditch 18 to the County Board on September 30. Today Engineer Priebe received a layout from MN/DOT for the Hwy. 15 South improvement project, with a July 1987 letting. The layout will require Council approval. It was the consensus of the Council to in- vite the affected property owners to a public hearing with a MN/DOT representative present at the meeting. Alderman Torgerson moved to set a public hearing for October 28, 1986 at 8:00 P.M. and waive readings and adopt Resolutions No. 8408 and No. 8409 for Project No. 87-06. Motion seconded by Alderman Carls and unanimously carried. CITY COUNCIL MINUTES - SEPTEMBER 23, 1986 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. 2