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06-10-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 10, 1986 1. The meet ng was ca 1 1 ed to order by Mayor Ack 1 and at 7:30 P.M. The fo 11 ow- ing were present: Alderman Mike Carls, Alderman Marlin Torgerson, Alderman Pat M i ku 1 ecky, and Mayor Paul L. Ackland. Absent: Alderman John M 1 i nar. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of May 27, 1986 were approved as amended on page 10; the bid opening of May 20, 1986 and Board of Review of June 5, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. LIBRARY BOARD MINUTES DATED MAY 12, 1986 2. HOSPITAL BOARD MINUTES DATED APRIL 15, 1986 3. SENIOR ADVISORY BOARD MINUTES DATED APRIL 16, 1986 4. BUILDING OFFICIAL'S REPORT - MAY 1986 The motion was made by Alderman Torgerson, seconded by Alderman Carls, to order the report and minutes filed. Motion unanimously carried. (b) CONSIDERATION OF APPOINTMENT: 1. POLICE COMMISSION - JEFF HAAG Alderman Carls moved to ratify the appointment of Jeff Haag. Motion seconded by Alderman Torgerson and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT 86-08 Mayor Ackland called the public hearing to order at 8:20 P.M. and read the public hearing notice for project No. 86-08. No one was present regarding the improvement project. Alderman Torger- son moved to close the hearing at 8:21 P.M. Motion seconded by Alder- man Carls and unanimously carried. 1 CITY COUNCIL MINUTES - JUNE 1010 1986 The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve project No. 86-08 and waive reading and adopt Resolution No. 8295. Motion carried unanimously. (b) ASSESSMENT ROLL NO. 217 - IMPROVEMENT PROJECT 86-07 (LETTING NO. 7) Mayor Ackland called the hearing to order at 8:22 P.M. and read the public hearing notice. The Council had received a petition signed by residents in the area who objected to draining the Maplewood Academy property into the city storm sewer on Ninth Avenue Northeast. Mr. Darrell Summerfield acted as spokesman on their behalf. He presented pictures of evidence which showed the water problems in the area. Mr. Summerfield stated the storm sewer system was not adequate to handle the water situation. Mr. Lyndon Furst, Principal of Maplewood Academy, reported the Academy had requested use of lateral one of the ditch 18 system from the County. The school would like to have its water drained, but they do not want to cause other residents to have flooding as a result. A lady living at 835 Oak stated an employee from the City water depart- ment told her it was a 'once in a life -time occurrence" when it rained so hard in May and caused flooding of basements and yards. She dis- agreed and stated the problem existed frequently. Alderman Carls inquired where the water would drain if Maplewood Acad- emy developed the farm land. The City Engineer stated that an adequate storm drainage was required for development. He suggested that addi- tional storm sewers be put in. Engineer Priebe commented that under a 429 project, it was questionable if the County could be assessed for part of the cost. Principal Furst reported the County had told him the City had cut the access; therefore, they were responsible to restore the service. En- gineer Priebe stated that a developer had cut the access line. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to close the hearing at 8:50 P.M. Motion unanimously carried. Alderman Carls moved to reject project No. 86-07. Motion seconded by Alderman Torgerson and carried unanimously. City Attorney Schaefer was directed to meet with the County Attorney to try to resolve the water drainage problem. (c) ASSESSMENT ROLL NO. 216 - IMPROVEMENT PROJECT 86-06 (LETTING NO. 6) Mayor Ackland called the hearing to order at 8:51 P.M. and read the public hearing notice. 2 CITY COUNCIL MINUTES - JUNE 105 1986 Alderman Torgerson reported he had been contacted by Rev. Tim Maland, 855 Spruce in Hillcrest Addition, regarding his assessment. The owner was being assessed for the long side of a corner lot, but he owned two lots. The second lot was sub -standard and unbuildable with a 44 foot frontage. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to close the hearing at 8:59 P.M. Motion unanimously carried. Alderman Torgerson moved to approve Assessment Roll No. 216, with the exception of the unbuildable lot of Rev. Tim Maland, and to waive read- ings and adopt Resolutions No. 8296 and No. 8297. Motion seconded by Alderman Carls and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON DRUG STORE TO HOLD SIDEWALK SALE ON WEDNESDAY, JUNE 18, 1986 After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, and unanimously carried to approve the request. (b) CONSIDERATION OF REQUEST BY HUTCHINSON JAYCEE WATER CARNIVAL FOR NON - INTOXICATING MALT LIQUOR LICENSE FOR SATURDAY, JUNE 21 AND SUNDAY, JUNE 22 AT ROBERTS PARK AND ALSO SUNDAY, JUNE 22 AT FAIRGROUNDS, WITH FEE WAIVED After discussion, Alderman Carls moved to approve the request, with the fee waived and the restrictions placed by the Police Department. Mo- tion seconded by Alderman Torgerson and carried unanimously. (c) CONSIDERATION OF REQUEST BY CITIZENS BANK & TRUST TO USE PUBLIC SQUARE FOR WEEKEND OF SEPTEMBER 131, 1986 After discussion, it was moved by Alderman Carls, seconded by Alderman Torgerson, and unanimously carried, to approve the request. (d) CONSIDERATION OF REQUEST BY COUNTRY CHAPEL (FIRST APOSTOLIC CHURCH) TO USE LIBRARY PARK AND BAND SHELL WITH ELECTRICAL ON SATURDAY, JUNE 28 Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Carls, to approve the request. Motion carried unani- mously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 14186 - AN ORDINANCE AMENDING SECTION 1015 OF THE ORDINANCE OF THE CITY OF HUTCHINSON ENTITLED "DOGS" A petition was received from residents in the Rose Lane and Fifth Avenue Northeast area of town regarding the nuisance of barking dogs. 3 CITY COUNCIL MINUTES - JUNE 109 1986 City Attorney Schaefer reported the present ordinance on dogs did not specifiy "barking" dogs as a nuisance so it was impossible for the Police Department to prosecute the owners. He then explained how the proposed amendment to the ordinance would remedy the situation. The public nuisance of barking dogs would become a misdemeanor offense with a maximum of 90 days in jail, $700 fine, or both, by the owner. After discussion, Alderman Torgerson moved to waive the first reading of Ordinance No. 14/86 and to set the second reading for the special Council meeting on June 16, 1986. Motion seconded by Alderman Carls and unanimously carried. (b) RESOLUTION NO. 8305 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8305. Motion carried unani- mously. (c) RESOLUTION NO. 8304 - RESOLUTION SETTING INTEREST RATE AND PAYMENT SCHEDULE FOR 1986 ASSESSMENT ROLLS NUMBERS 208, 209, 210, 211, 212, 213, 214, 215, 216 AND 217 Alderman Carls moved to waive reading and adopt Resolution No. 8304, establishing the interest rate at 6.2%. Motion seconded by Alderman Mikulecky and carried unanimously. (d) RESOLUTION NO. 8303 - TRANSFERRING $162,207 FROM 1986 SPECIAL ASSESSMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES It was moved by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8303. Motion unanimously car- ried. (e) RESOLUTION NO. 8302 - TRANSFERRING $8,852 FROM PUBLIC SITES TRUST FUND TO RECREATION & POOL CONSTRUCTION FUND Alderman Torgerson moved to waive reading and adopt Resolution No. 8302. The motion was seconded by Alderman Mikulecky. Following dis- cussion, the motion and second were withdrawn. The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to defer to the next Council meeting. Motion carried unanimously. (f) RESOLUTION NO. 8301 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Alderman Carls moved to waive reading and adopt Resolution No. 8301. Motion seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS 4 CITY COUNCIL MINUTES - JUNE 10, 1986 (a) CONSIDERATION OF REZONING AS REQUESTED BY CITY STAFF (WASTEWATER TREATMENT PLANT SITE) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls to waive the second reading and adopt Ordinance No. 738. Motion seconded by Alderman Torgerson and carried unanimously. (b) CONSIDERATION OF MERIT RECOMMENDATION FOR CITY ADMINISTRATOR (DEFERRED MAY 27, 1986) Alderman Torgerson moved to recommend a one percent merit increase for the City Administrator. Motion seconded by Alderman Carls and carried unanimously. (c) CONSIDERATION OF COMMUNICATION FROM DIRECTOR OF ENGINEERING CONCERNING RAILROAD SPUR LINE AND CONNECTOR TRACK Engineer Priebe reported on possible problems for the railroad con- struction and additional costs that were not anticipated. Slope grad- ing was added, and the gravel base is ready to be put on. No action was taken. 9. NEW BUSINESS (a) CONSIDERATION OF SURVEY OF BUILDING PERMIT FEES BY BUILDING DEPARTMENT The Assistant Building Official, Jim Marka, reported the figures in the survey were based on 1982 fees; however, there will be an increase in 1986. It was his recommendation that the City maintain the 1982 fee schedule. During discussion, Alderman Carls suggested the Building Department contact other cities in the state with a population of 9-11,000 to se- cure a survey of their building fees. Alderman Mikulecky was directed to work with the Building Department for a recommendation to the Coun- cil. No action taken. RECESS: The City Council adjourned for a 10 minute break at 9:40 P.M. (b) CONSIDERATION OF ENGINEER'S REPORT AND RESOLUTION ORDERING IMPROVE- MENT AND PREPARATION OF PLANS FOR PROJECT NO. 86-09 After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the engineer's report, waive read- ing and adopt Resolution No. 8300 ordering plans and specifications. Motion unanimously carried. (c) ITEM DELETED FROM AGENDA (d) ITEM DELETED FROM AGENDA 9 CITY COUNCIL MINUTES - JUNE 109 1986 (e) ITEM DELETED FROM AGENDA (f) CONSIDERATION OF REPORTS OF POLICE CHIEF AND CITY FORESTER CONCERNING UNSIGHTLY PROPERTIES City Attorney Schaefer discussed a revision of the City ordinance which would prohibit the parking of semi -trucks or old cars on the street. Alderman Torgerson moved to refer to the City Attorney a review of the public nuisance ordinance for revision. Motion seconded by Alderman Carls and carried unanimously. (g) CONSIDERATION OF REQUEST BY JUNKER SANITATION FOR A RATE INCREASE City Administrator Plotz reported that Junker Sanitation was requesting a $3.00 landfill increase and a total increase of $5.50. Following lengthy discussion of the City's contract with Junker Sanitation, and specifically page four regarding the landfill rate increase, the motion was made by Alderman Mikulecky to increase the rate increase by $1.00 per month in complying with the contract that states the increase will be identical with landfill rates and County figures of one cubic yard per month accumulated. Motion seconded by Alderman Carls and failed, with Aldermen Carls and Mikulecky voting aye and Alderman Torgerson and Mayor Ackland voting nay. Alderman Torgerson moved to defer action to the June 24 Council meet- ing. Motion seconded by Alderman Carls and carried unanimously. The City Administrator was directed to contact Junker Sanitation for information regarding his costs, insurance, etc. (h) CONSIDERATION OF PLAN FOR CUL-DE-SAC AND DRIVE ON EAST FREEMONT FOR GREENCASTLE PROJECT Mr. Newell Weed, developer of the Greencastle project, requested the Council to consider a parking lot in lieu of a cul-de-sac at the end of Freemont Avenue. The City would be given an easement for emergency vehicles and, if there was additional future development, Greencastle would put in a cul-de-sac. It was noted that the City Council minutes of June 11, 1985 read that a Greencastle was to provide a cul-de-sac at the Greencastle site. City Attorney Schaefer suggested two separate easements from Green- castle: 1. Easement for the use of the parking lot as proposed for emergency vehicles; 2. An easement that would allow the City to put in a cul-de-sac at some future time. Mr. Robert Stearns stated that the Owners Association would be respon- sible for costs after all the units are sold, but until such time, the builder would be assessed. N CITY COUNCIL MINUTES - JUNE 109 1986 Engineer Priebe suggested that the parking lot be built to conform to a future cul-de-sac. Alderman Torgerson moved to accept the proposals as presented, with two easements that were discussed. The motion failed for lack of a second. The motion was made by Alderman Torgerson, seconded by the Mayor, to accept the plan as presented, with requested easements of City Engineer if a future cul-de-sac was required. Alderman Torgerson and Mayor Ack- land voted aye and Aldermen Carls and Mikulecky voted nay. The motion failed. Mr. Weed requested to work with the City Attorney and City Engineer to prepare a new proposal for the Council. Alderman Torgerson moved to defer the item to the June 24 meeting to allow Mr. Weed time to work out something with the City Engineer and City staff. Motion seconded by Alderman Carls and carried unanimously. (i) CONSIDERATION OF REQUEST BY NEWELL WEED TO SPREAD DIRT ON CEMETERY PROPERTY Following discussion, the motion was made by Alderman Carls, that based on the recommendations of City staff, to deny the request. Motion sec- onded by Alderman Torgerson and unanimously carried. (j) CONSIDERATION OF BIDS FOR GROUP HEALTH INSURANCE (DEFERRED 5-15-86) Alderman Carls moved to defer action. Motion seconded by Alderman Mikulecky and carried unanimously. (k) CONSIDERATION OF BIDS FOR GROUP LIFE INSURANCE (DEFERRED 5-15-86) Alderman Carls moved to defer action. Motion seconded by Alderman Mikulecky and carried unanimously. (1) CONSIDERATION OF CALLING FOR BIDS AND SETTING BID OPENING DATE FOR JULY 17, 1986 AT 2:00 P.M. FOR DENTAL INSURANCE After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to call for bids on dental insurance and open bids July 17, 1986 at 2:00 P.M. Motion unanimously carried. (m) CONSIDERATION OF ESTABLISHING SPECIAL COUNCIL MEETING FOR MONDAY, JUNE 16 AT 9:00 P.M. FOR FOLLOW-UP TO PLANNING COMMISSION ITEMS) It was moved by Alderman Torgerson, seconded by Alderman Carls, to ap- prove the special City Council meeting date of June 16, 1986 at 9:00 P.M. Motion carried unanimously. (n) CONSIDERATION OF ADOPTING CITY POLICY HANDBOOK rA CITY COUNCIL MINUTES - JUNE 1011 1986 Following discussion of the revised policies in the handbook, the mo- tion was made by Alderman Carls to adopt the manual with the two changes mentioned: deleting the section regarding Employment Hiring Procedure and the second to last sentence under Personnel Records Keeping. Motion seconded by Alderman Torgerson and unanimously car- ried. (o) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HELLANDS SEVENTH ADDITION After discussion, Alderman Torgerson moved to approve the subdivision agreement for Helland's Seventh Addition. Alderman Carls seconded the motion and unanimously carried. (p) CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY RELATIVE TO UNFINISHED ITEMS City Attorney Schaefer reported he had submitted a written response to the City Administrator for distribution to the Council for future dis- cussion and explanation at the June 16 special meeting. Alderman Carls moved to defer consideration of the communication from the City Attorney to the meeting of June 16, 1986. Motion seconded by Alderman Torgerson and carried unanimously. (q) CONSIDERATION OF REQUEST FOR 60 -DAY EXTENSION OF STARTING DATE FOR CONSTRUCTION OF RAILROAD CONNECTOR TRACK AND ELEVATOR SPUR LINE Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, that due to circumstances beyond the company's control, to give a 60 -day extension. Motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reviewed items listed on the Administrative Update. He pointed out that Florence Satterlee had offered the City the purchase of additional property adjacent to the Satterlee pit. It was recommended by Alderman Carls that the Maintenance Operations Di- rector review the property and determine if the City had a need for it. (b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on the weed notices and asked if there was a set price charged for the City cutting grass on private property. He suggested the fee should be high enough to discourage repeats each year. An administrative fee should be added to the amount paid the contractor. A motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, that there be a $50 surcharge to cover administrative costs plus PIP CITY COUNCIL MINUTES - JUNE 10, 1986 the cost of mowing. Motion unanimously carried. The City Administrator was requested to find out the status of the air- port appraisals. Mayor Ackland inquired if the newly appointed Police Station Building Construction Committee had held a meeting. (c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the follow-up regarding the open park shelter building at North Jaycee Park. The City Administrator will provide a report at the next City Council meeting. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson asked about an answer to Mike's Mobil regarding the repair of the water service line. Following discussion, Alderman Carls moved to defer this matter to the next Council meeting. Motion second- ed by Alderman Torgerson and carried unanimously. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the letter in the Council packet from Hutchinson Computers, Inc. requesting improvements on Third Avenue Northwest. He directed the City Administrator to find out if the com- pany still wanted to follow through on the request. It was asked when the Nemitz parking lot would be completed. City En- gineer Priebe responded it would be done as soon as possible. Alderman Mikulecky suggested that in the 1987 budget process to keep the dollars for 1987 the same as the amount of money spent in 1986 and request the department heads to list other requests beyond that amount. (f) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer stated he had submitted a memorandum in answer to the previous discussion on sump pumps. He had received several ordinances of other cities from the League of Minnesota Cities. The only way to enforce the ordinance would be to terminate water service if someone was in violation of the ordinance. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe inquired about the overlay project from Ninth Avenue Northeast and referred to Maplewood Academy's water problem. After discussion, it was the Council's consensus to delay action at this time for an overlay project. The Commissioner of Streets was asked to work with the City Engineer on CITY COUNCIL MINUTES - JUNE 10, 1986 the Greencastle cul-de-sac issue. The Director of Engineering reported that Greencastle had not been charged a park and playground contribution for its dwelling units. It was his recommendation to refer it to the Parks & Recreation Board and City Attorney for review. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Torgerson, 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