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05-27-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 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 ar- 1in Torgerson, and Mayor Paul L. Ackland. Absent: Alderman Pat M i ku 1 ecky. 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 13, 1986 were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1986 2. LIBRARY BOARD MINUTES DATED MAY 19 1986 3. PLANNING COMMISSION MINUTES DATED APRIL 15, 1986 4. NURSING HOME BOARD MINUTES DATED APRIL 24, 1986 AND MAY 1, 1986 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to order the report and minutes filed. (b) CONSIDERATION OF APPOINTMENTS: 1. POLICE COMMISSION - JEFF HAAG 2. COMMUNITY ENERGY COUNCIL - BUTCH WENTWORTH, GLENN MATEJKA, JAY BEYTIEN, HUGH FOSTER, KEN PRIHODA 3. POLICE STATION BUILDING CONSTRUCTION COMMITTEE: CHAIRMAN DICK BURGART, NORM TULMAN, PAT DURFEE, MARLIN TORGERSON, PAT MIKULECKY, EX -OFFICIO DEAN O'BORSKY 4. TREE BOARD - ROY JOHNSEN AND MURRAY SWENSON Alderman Mlinar moved to defer appointment to the Police Commission and to ratify the other appointments. Motion seconded by Alderman Torger- son and carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) WINE LICENSE FOR SHAKEY'S PIZZA Mayor Ackland called the public hearing to order at 8:10 P.M. CITY COUNCIL MINUTES - MAY 27, 1986 City Attorney Schaefer stated he would obtain a legal opinion from the Liquor Control Board regarding the arrangements for operation between Scalawags and Shakey's Pizza. The motion was made by Alderman Mlinar to close the hearing at 8:11 P.M. Motion seconded by Alderman Torgerson and unanimously carried. Following discussion, Alderman Torgerson moved to approve and issue a wine license to Shakey's Pizza. Motion seconded by Alderman Mlinar and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF PETITION FOR IMPROVEMENTS OF STILLINGS-HOEFT ADDITION (SEE AGENDA NO. 9-N) After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve calling for an engineer's report and to waive reading and adopt Resolution No. 8294. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8281 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8281. Motion seconded by Alderman Torgerson and carried unanimously. (b) RESOLUTION NO. 8292 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST BANK OF MINNESOTA The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8292. Motion unanimously carried. (c) ORDINANCE NO. 13/86 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 19 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" The motion was made by Alderman Torgerson, seconded by Alderman Carls and carried unanimously, to waive second reading and adopt Ordinance No. 737. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REZONING AS REQUESTED BY CITY STAFF (WASTEWATER TREATMENT PLANT SITE) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED MAY 13, 1986) Engineer Priebe reported on the R-2 zoning and the proposed buffer. Following discussion, Alderman Mlinar moved to approve the rezoning and CITY COUNCIL MINUTES - MAY 27, 1986 to waive first reading of Ordinance No. 11/86 and set the second read- ing for June 10, 1986. Motion seconded by Alderman Torgerson and car- ried unanimously. (b) CONSIDERATION OF DEFERRED REQUESTS FOR CITY FUNDING 1. LIGHT STANDARDS FOR TARTAN PARK (2-11-86) Mr. Lee Cox, representing the Hutchinson Baseball Association, re- viewed the previous request for City funding in the amount of $7,860 to purchase light standards (poles) for Tartan Park. He stated the Asso- ciation would pay for the cost of installing the lights. City Administrator Plotz reported funds from the Public Site Trust Fund could be used for the purpose of park land acquisition and improvement. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the use of $7,860 from the Public Site Trust Fund to purchase the light standards. Motion unanimously car- ried. 2. TENNIS COURT IMPROVEMENT (4-22-86) Following discussion, Alderman Carls moved to approve the tennis court improvements on a share cost of 50% by the City and 50% by the School District. Motion seconded by Alderman Mlinar and carried unanimously. 3. MERIT RECOMMENDATIONS (1-28-86) Personnel Coordinator Sitz reviewed the merit recommendations being submitted by the directors for employees in their departments. She stated one part-time employee in the Park Department had been omitted from the list and requested a two percent merit increase for same. During discussion, it was the consensus of the Council that the City Administrator should make the recommendation(s) for directors' merit adjustments. After extensive discussion, Alderman Torgerson moved to approve the merit recommendations as presented by the Personnel Coordinator and City Administrator. Motion seconded by Alderman Carls and carried three to one, with Aldermen Car1s and Torgerson and Mayor Ackland vot- ing aye and Alderman Mlinar voting nay. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to defer consideration of the City Administrator's merit increase until the next Council meeting. Motion unanimously carried. It was reported that the Fire Marshal/Safety Coordinator and Building Official had both requested a job reclassification. Following discus- sion, the motion was made by Alderman Mlinar to approve the request for the committee to reevaluate the classifications of Fire Marshal/Safety 3 CITY COUNCIL MINUTES - MAY 27, 1986 Coordinator, Building Official, and any others pending. Motion sec- onded by Alderman Torgerson and carried unanimously. (c) INSTALLATION OF HANDICAP RAMP NEAR ENTRANCE OF PUBLIC LIBRARY (REQUESTED BY ALDERMAN MIKE CARLS) (DEFERRED MAY 13, 1986) The City Engineer presented four options and cost estimates from Han- son Construction Company to install a handicap ramp near the entrance of the public library. It was his recommendation to locate it in the middle of the median, which was the City's original choice. The cost for the work could be taken out of the library construction fund. Following discussion, Alderman Torgerson moved to accept option No. 1, using a concrete surface, at a cost of $566.50. Motion seconded by Alderman Carls and unanimously carried. Alderman Carls moved to direct the City Administrator and City Attor- ney to pursue the City Engineer's recommendation to contact the archi- tect regarding the additional cost of changing the ramp. The motion was seconded by Alderman Mlinar and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to authorize discontinuation of service as recommended unless other arrangements have been made. (b) CONSIDERATION OF JOINT HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON POLICY FOR USE OF FACILITIES City Administrator Plotz reported a joint school/city committee had established a policy and fees for the use of facilities. Fol 1 owing discussion, Alderman M1 inar moved to approve the pol icy. Alderman Carls seconded the motion and unanimously carried. (c) CONSIDERATION OF LEASE FOR CIVIC ARENA BETWEEN CITY OF HUTCHINSON AND SCHOOL DISTRICT NO. 423 After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the lease agreement. Motion carried unan- imously. (d) CONSIDERATION OF ELEVATOR MAINTENANCE CONTRACT FOR LIBRARY Following discussion, Alderman Carls moved to approve the elevator maintenance contract for the public library at a rate of $53 per month, effective July 1, 1986. Motion seconded by Alderman Mlinar and unani- mously carried. 4 CITY COUNCIL MINUTES - MAY 27, 1986 (e) CONSIDERATION OF DISSOLUTION OF POLICE STATION BUILDING COMMITTEE It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to ratify the executive order by the Mayor to dissolve the Police Station Building Committee and to send letters of appreciation for services rendered to the City of Hutchinson. Motion unanimously carried. (f) CONSIDERATION OF ADVERTISING FOR MOTOR POOL REPLACEMENT VEHICLES Director Ralph Neumann requested authorization to write specifications and advertise for bids for the following equipment: one used back hoe for the cemetery, one used tandem truck for the Street Department, and one new one and one-half ton flat bed truck (or equivalent) for the Park Department. The motion was made by Alderman Torgerson to approve advertising for bids. Motion seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF CONTINUING CONSULTING SERVICES WITH AMERICAN RISK SERVICES, INC. City Administrator Plotz reviewed the background of the City's insur- ance consultant firms and stated the contract with American Risk Serv- ices would expire May 31, 1986. The proposed contract was for $800 per month, with an option to cancel by August 31, 1986. The fee would be split equally among the four entities. It was not advisable to change consulting firms when the City was in the process of securing a new carrier. Following discussion, Alderman Mlinar moved to approve the consulting services proposal of American Risk Services, Inc. for $800 per month and to pursue checking into other available consulting firms. Motion seconded by Alderman Torgerson and unanimously carried. (h) CONSIDERATION OF ESTABLISHING DATE OF JUNE 5, 1986 AT 4:00 P.M. FOR BOARD OF REVIEW FOR REFUSE SERVICES BY JUNKER SANITATION SERVICE The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the date for the Board of Review. Motion unanimously carried. (i) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR SHAKEY'S PIZZA BY RICHARD WESTLUND Alderman Torgerson moved to approve the application and issue the li- cense. Motion seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GERALD AND CHARLEEN BLOCK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STIPULATION Following discussion, it was moved by Alderman Mlinar to approve the 5 CITY COUNCIL MINUTES - MAY 27, 1986 conditional use permit and to waive reading and adopt Resolution No. 8282. Alderman Carls seconded the motion, and it unanimously carried. (k) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY DAVID MCGRAW WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz provided information regarding the denial of the request by the Planning Commission. After discussion, the motion was made by Alderman Mlinar to deny the variance request based on the fact that the test of reasonable use was not met and that the property could be put to other use. Motion sec- onded by Alderman Torgerson and carried unanimously. (1) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY JON OTTESON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the conditional use permit and to waive reading and adopt Resolution No. 8283. Motion unanimously car- ried. (m) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY JON OTTESON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the variance and to waive reading and adopt Resolution No. 8284. Motion seconded by Alderman Carls and carried unanimously. RECESS: The City Council adjourned for a five minute recess at 9:00 P.M. (n) CONSIDERATION OF PRELIMINARY PLAT OF STILLINGS-HOEFT ADDITION SUBMITTED BY HARLOW STILLINGS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson to ap- prove the preliminary plat and to waive reading and adopt Resolution No. 8285, with the stipulation that prior to approval of the final plat, a subdivision agreement must be executed and parks and playground contribution in the amount of $406.56 be paid. Motion seconded by Ald- erman Mlinar and unanimously carried. (o) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 6.03, 6.05 AND 6.08 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the amendment and to waive the first reading of Ordinance No. 12/86 and set the second reading for June 10, 1986. Motion seconded by Alderman Carls and car- ried unanimously. [-1 CITY COUNCIL MINUTES - MAY 27, 1986 (p) CONSIDERATION OF REVIEW OF COMPREHENSIVE PLAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Engineer Priebe reported the Comprehensive Plan would be updated for 1987 for an annual review by the Planning Commission. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the Comprehensive Plan. Motion unanimously carried. (q) CONSIDERATION OF FINAL PLAT OF HELLAND'S SEVENTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve the final plat and subdivision agreement and to waive reading and adopt Resolution No. 8293. Motion seconded by Alderman Torgerson and carried unanimously. (r) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY GERALD GASSMAN TO MCLEOD COUNTY (WITHIN TWO MILE RADIUS) FOR "TARADIDDLE ACRES" WITH NO OBJECTION FROM PLANNING COMMISSION After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to recommend the preliminary plat to the County with no objection. Motion unanimously carried. (s) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY GEORGE HERBERT TO MCLEOD COUNTY (WITHIN TWO MILE RADIUS) FOR NORTHERN VIEW ACRES WITH NO OBJEC- TION FROM PLANNING COMMISSION Following discussion, Alderman Carls moved to recommend the preliminary plat to the County with no objection. Motion seconded by Alderman Tor- gerson and carried unanimously. (t) CONSIDERATION OF REZONING TARADIDDLE ACRES WITH NO OBJECTION FROM PLANNING COMMISSION After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to recommend the rezoning to the County with no objec- tion. Motion unanimously carried. (u) CONSIDERATION OF REZONING NORTHERN VIEW ACRES WITH NO OBJECTION FROM PLANNING COMMISSION Following discussion, it was moved by Alderman Carls, seconded by Ald- erman Torgerson, to recommend the rezoning to the County with no ob- jection. Motion carried unanimously. (v) CONSIDERATION OF LOANING MONEY FOR EXPANSION OF MEDICAL OFFICE BUILDING Administrator Phil Graves reported on the proposed expansion project of the Medical Office Building to construct a 3,000 square foot addition to the east of its present location at an estimated cost of $160,000. 7 CITY COUNCIL MINUTES - MAY 271 1986 The Medical Center would revert ownership of space back to the hospital after a five year period. He stated the hospital had proposed a fi- nancing arrangement and lease agreement to the Hutchinson Medical Cen- ter to construct its additional space, with authorization from the City Council to use hospital funds in this manner. City Attorney Schaefer stated that State Statute limited the types of investments municipal hospitals could participate in. However, the hospital could act as a lending institution, loaning the money to the Medical Center at a negotiated rate of interest, to be paid back over a certain length of time. The facilities would then be given back to the hospital in return for lease credits for a negotiated number of years. The current lease would be in force and effect and carry over into the lease of the new building. Following discussion, Alderman Mlinar moved to approve loaning money for expansion of the Medical Office Building. Motion seconded by Ald- erman Carls and unanimously carried. (w) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON TRAVELERS BASEBALL CLUB After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the application, issue the license and waive the fee, based on the Police Chief's recommendations. Motion carried unanimously. (x) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON IMPROVE- MENT PROJECT NO. 86-08 City Engineer Priebe presented an engineer's report on project No. 86-08. Following discussion, Alderman Torgerson moved to approve the engin- eer's report on project No. 86-08, to set a public hearing for June 10, 1986 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8286 and No. 8287. Motion seconded by Alderman Carls and unanimously car- ried. (y) CONSIDERATION OF DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL NO. 216 AND SETTING PUBLIC HEARING After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to order preparation of Assessment Roll No. 216, to set public hearing June 10, 1986 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8288 and No. 8290. Motion carried unani- mously. (z) CONSIDERATION OF DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL NO. 217 AND SETTING PUBLIC HEARING CITY COUNCIL MINUTES - MAY 27, 1986 Following discussion of the water drainage problem in the area of Maplewood Academy, Alderman Torgerson moved to order preparation of Assessment Roll No. 217, to set public hearing June 10, 1986 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8289 and No. 8291. Motion seconded by Alderman Mlinar and unanimously carried. (a -a) CONSIDERATION OF DRAINAGE AT CIVIC ARENA Engineer Priebe reported that the estimated cost for construction of a storm sewer line from the Civic Arena parking lot to the 60" trunk line on Linden Avenue would be $12,635. He then requested approval of Change Order No. 1 for the 1986 Letting No. 3 to include this work. Alderman Torgerson moved to approve Change Order No. 1 at the reduced amount proposed. Motion seconded by Alderman Mlinar and unanimously carried. (b -b) CONSIDERATION OF WARD/PRECINCT BOUNDARIES APPROVED FOR 1990 CENSUS City Administrator Plotz reported the Minnesota State Planning Agency had submitted a slight change in the ward/precinct boundaries along South Grade Road from Merrill to Hwy. 15. Instead of the boundary go- ing through the shopping center, it would follow South Grade Road. Following discussion, Alderman Carls moved to approve the one block area on the ward/precinct boundaries map. Motion seconded by Alder- man Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that he, the Finance Director and Community Development Director John Bernhagen would be meeting on May 28 with the Minnesota Economic and Energy Department regarding the grant for New Dimension Plating. It was reported that the City Administrator and Mayor would be attend- ing a Coalition of Outstate Cities Legislative Conference on May 29 and 30 in Brainerd. The Council members were reminded of the joint meeting with the County Commissioners on May 28 at Maplewood Academy to address the water drainage problem in that area of town. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported on a complaint he received regarding a city facility being left open at Jaycee Park. Further concern was expressed regarding the water situation on Miller 0 k CITY COUNCIL MINUTES - MAY 27, 1986 Street, east of the Bethlehem United Methodist Church. On the night of the recent downpour of rain, several people in the area had the sanitary sewer line in their basement floors back up. The City Engineer stated the line was overloaded and backed up due to the heavy rain coming into the sewer line. Alderman Carls recommended that the City do a check on sump pumps to determine if they are being connected to the sanitary sewer, which is il- legal. Mayor Ackland suggested enforcing the ordinance against sump pump hook-up into the sanitary sewer and charge offenders a fine. The City Engineer recommended a written notice be sent to the public through the water billing statements informing them what the ordinance stated and that it would be enforced. Administrator Plotz suggested having the City Attorney prepare a policy on fines and enforcement, and present his recommendation to the City Council. Alderman Carls moved to approve directing the City Attorney to prepare a policy. Motion seconded by Alderman Mlinar and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson expressed concern regarding weed control and unmowed grass within the City limits. City Administrator Plotz explained the procedure for dealing with this issue and what the City ordinance states on the matter. After discussion, Alderman Torgerson moved to publish an article in the newspaper regarding weed cutting and what procedure would be followed if not taken care of. Motion seconded by Alderman Carls and carried unanimously. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe reported that a study was being done regarding the sewer system in the City. He also addressed the Larson Street area. Alderman Carls suggested that the residents in the Larson Street area be contacted to attend the June 24 Council meeting. In addition to a letter, they should receive a copy of the cost estimate and proposed map. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, 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 10:45 P.M. 10