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12-22-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 22, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2, INVOCATION The invocation was given by the Reverend Ken Veal. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of December 8, 1987, special meeting of December 11, 1987 and bid opening of December 17, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - NOVEMBER 1987 2. NURSING HOME BOARD MINUTES OF NOVEMBER 19, 1987 3. PLANNING COMMISSION MINUTES OF NOVEMBER 17, 1987 (b) APPLICATIONS FOR RENEWAL OF 1988 GAMBLING LICENSE (c) APPLICATIONS FOR RENEWAL OF 1988 CIGARETTE LICENSE (d) APPLICATIONS FOR SNOW REMOVAL PERMIT 1. MARTIN BARNES 2. FLORIAN THODE 3. STAN RISTOW 4. STEVE STURGES 5. RANDY BLAKE 6. RODNEY ROUCH The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the report and minutes filed and to issue permits. Mo- tion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) 1988 SMALL CITIES DEVELOPMENT PROGRAM APPLICATIONS FOR FUNDING Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3765. Director John Bernhagen presented the Small Cities Development Program. After lengthy discussion, it was his recommendation to take action on adopting the "Slum And Blight" Resolution, the Design Committee Resolu- tion, and the program formula. 1 CITY COUNCIL MINUTES - DECEMBER 22, 1987 Alderman Mlinar moved to close the hearing at 8:26 P.M. Motion sec- onded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8674 determining the project area meeting the slum and blight definition. Motion unanimously car- ried. It was moved by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8666 for a Review Committee. Motion carried unanimously. (See 8-b) The following formula was recommended: - New 4" water entrances to all buildings, and repair costs to street and sidewalks at no cost to building owner. - Sprinkling of all basements in all buildings up to 1,500 square feet at no cost to building owner. For square footage within building(s) in excess of 1,500 square feet, the following formula would apply: - If nothing is done on rehab to the rest of the building, the building owner would pay the first $.50/sq. ft. for sprinkling the basement. - If first and second floors are sprinkled, the building owner would pay the first x.25/sq. ft. for sprinkling the basement. - If $5,000 of rehab is spent, the building owner would pay the first $.15/sq. ft. for sprinkling the basement. - If $10,000 of rehab is spent, the building owner would pay nothing for sprinkling the basement. - All of the rehab would need to be grant eligible under the guidelines. Alderman Torgerson moved that the City back up the cost of the first 1,500 square feet of sprinkling of all buildings and apply the formula up to the limit of $140,000 from the water fund and the remainder from other funds allocated to. Motion seconded by Alderman Mikulecky and carried three to two, with Aldermen Torgerson, Mikulecky and Mayor Ackland voting aye and Aldermen Carls and Mlinar voting nay. RECESS: The City Council adjourned at 9:55 P.M. for a 15 minute recess. 6. COMMUNICATIONS, REQUESTS AND PETITIONS 2 CITY COUNCIL MINUTES - DECEMBER 22, 1987 (a) RECOGNITION OF STEARNSWOOD AND HUTCHINSON TELEPHONE COMPANY FOR CONTRIBUTION TO PURCHASE EQUIPMENT FOR HUTCHINSON POLICE DEPARTMENT This item was removed from the agenda. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8670 - TRANSFERRING $30,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8670. Motion carried unani- mously. (b) RESOLUTION NO. 8671 - RELEASE OF PLEDGED SECURITY TO FIRST BANK OF MINNESOTA Alderman Mlinar moved to waive reading and adopt Resolution No. 8671. Motion seconded by Alderman Carle and unanimously carried. (c) RESOLUTION 10. 8672 - RESOLUTION ADOPTING FEDERAL REVENUE SHARING AND ECONOMIC DEVELOPMENT LOAN FUND BUDGETS FOR FISCAL YEAR 1987 The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive reading and adopt Resolution No. 8672. Motion carried unanimously. (d) RESOLUTION NO. 8663 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8663. Motion seconded by Alderman Mikulecky. Following discussion of future oil prices, the motion unanimously failed. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR FURNISHINGS IN POLICE STATION (DEFERRED DECEMBER 17, 1987) Following discussion, the motion was made by Alderman Carle to approve and award the bid to Allen Office Products for $17,374. Motion second- ed by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF ESTABLISHING AN ADVISORY COMMITTEE ON "DESIGN REVIEW" PRIOR TO BUILDING PERMIT ISSUANCE IN DOWNTOWN AREA (DEFERRED 12-8-87) During discussion the City Attorney stated the project area boundaries covered Districts 1 and 2; However, the area could be expanded by reso- lution at a future time. The motion was made by Alderman Torgerson, seconded by Alderman Carle, to waive reading and adopt Resolution No. 8666. Motion unanimously 3 CITY COUNCIL MINUTES - DECEMBER u2, 1985 carried. (c) CONSIDERATION OF JOB DESCRIPTION AND GRADE CLASSIFICATION FOR 1988 BUDGETED EMPLOYEE IN PARK & RECREATION DEPARTMENT (DEFERRED 12-8-87) Following discussion, Alderman Mlinar moved to approve job description and grade classification. Motion seconded by Alderman Carls and car- ried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Carls, seconded by Alderman Torgerson, to authorize discontinuation of service on December 29 at noon unless other arrangements were made. Motion unanimously carried. (b) CONSIDERATION OF MCLEOD COUNTY HERITAGE AND CULTURAL CENTER REQUESTS Mr. Everett Hantge, President of the McLeod County Historical Society, requested assistance from the City to cut and trim the grass and remove snow on the driveway and parking lot of the Heritage and Cultural Cen- ter as well as financial assistance of $5,000 for two years. Following discussion, Alderman Torgerson moved to approve $5,000 for one year and assistance with snow removal on an on-call basis and grass cutting later on. Motion seconded by Alderman Carls and carried unani- mously. (c) CONSIDERATION OF IMPROVEMENTS ON T.H. 22 FROM FAIR AVENUE TO BISCAY Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and waive reading and adopt Resolu- tion No. 8673. Motion unanimously carried. (d) CONSIDERATION OF PUD/CONDITIONAL USE PERMIT SUBMITTED BY KOOSMAN & RICE CO. WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the applicant had requested this item be deferred to the next meeting. A PUD requires 30 -day action after notice has been received. Alderman Mlinar moved to table and talk to the Chairman of the Planning Commission. Motion seconded by Alderman Carls and carried unanimously. (e) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY LOWELL BRECHT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (WITHIN TWO MILE RADIUS) The motion was made by Alderman Torgerson, seconded by Alderman Carls and unanimously carried, to reject the preliminary plat. rN CITY COUNCIL MINUTES - DECEMBER 22, 1987 (f) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY ROGER SIEMSEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (WITHIN TWO MILE RADIUS) Alderman Carls moved to refer to the County with no objection. Notion seconded by Alderman Nikulecky and carried unanimously. (g) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SIENSEN ESTATES The motion was made by Alderman Carls, seconded by Alderman Nlinar, to approve the subdivision agreement. Motion unanimously carried. (h) CONSIDERATION OF JOINT MEETING BETWEEN HOSPITAL BOARD AND CITY COUNCIL TO CONSIDER MULTI HOSPITAL AFFILIATIONS Alderman Carls moved to set the joint meeting date for January 19, 1988 at 6:00 P.M. Notion seconded by Alderman Mlinar and carried unani- mously. (i) CONSIDERATION OF RECOMMENDATION FOR ANNUAL WAGE ADJUSTMENT The motion was made by Alderman Mlinar to defer to the second meeting in January. Motion seconded by Alderman Mikulecky. Following discus- sion, Alderman Mlinar amended his motion to defer to the first meeting in January. Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. (j) CONSIDERATION OF DESIGNATING 1985 FORD SQUAD CAR AS POLICE CHIEF'S UNMARKED CAR AND AUTHORIZING PREPARATION OF SPECIFICATIONS AND BIDDING PROCESS FOR 1988 SQUAD CAR Following discussion, Alderman Carls moved to approve designation and bidding process. Motion seconded by Alderman Torgerson and carried unanimously. (k) CONSIDERATION OF PURCHASING FOUR TRANSCRIBER RECORDERS AND FOUR HAND HELD TAPE RECORDERS FOR POLICE DEPARTMENT Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the purchase. Motion unanimously carried. (1) CONSIDERATION OF RECO NNENDATION OF MCLEOD REGIONAL RAIL AUTHORITY FOR $2,500 ANNUAL PAYMENT TOWARDS STATE/FEDERAL GRANT Mr, Sheldon Nies, Chairman of the McLeod Regional Rail Authority, and a state representative appeared before the Council to request $25,000 over a 10 -year period ($2,500 annually) from the City for rehabilita- tion and assistance for acquisition cost of the railroad property from Burlington Northern. F CITY COUNCIL MINUTES' - DECEMBER 22, 1987 After lengthy discussion, Alderman Torgerson moved to approve the $25,000. Motion seconded by the Chair. The motion was amended by Alderman Mikulecky that the City's contribution be contingent upon a donation by Lester's of $50,000, 3M of $50,000, Hercules of $25,000, McLeod County of $25,000 and Lester Prairie of $25,000. Motion sec- onded by Alderman Torgerson. Following discussion, Alderman Mikulecky withdrew the motion and Alder -man Torgerson withdrew his second. Alderman Torgerson amended the motion that the other entities donate $175,000. The motion failed for lack of a second to the amended mo- tion. The main motion failed four to one with Aldermen Carls, Mlinar, Miku- lecky and Mayor Ackland voting nay and Alderman Torgerson voting aye. (m) CONSIDERATION OF DECERTIFYING PREVIOUSLY CERTIFIED TAX DEFICIENCIES FOR 1986 AND 1988 COLLECTION FOR S & L REHAB (101 PARK PLACE) City Attorney Anderson stated the City did not have any authority to certify the tax deficiencies for S & L Rehab project to the County. This is one area that cannot be certified to taxes since it is a form of taxation. The option to collect the shortfall would be litigation. Alderman Torgerson moved to decertify the shortfall. Motion seconded by Mayor Ackland and unanimously carried. Alderman Carls moved to direct the City Attorney to proceed with the preliminary stages of litigation. Motion seconded by Alderman Miku- lecky and carried unanimously. (n) CONSIDERATION OF SURFACING FOR T.H. 7 EAST IMPROVEMENTS Following discussion, the motion was made by Alderman Torgerson to agree with the City Engineer to install concrete surfacing. Motion seconded by Alderman Mlinar and unanimously carried. (o) CONSIDERATION OF ESTABLISHING SPECIAL CITY COUNCIL MEETING FOR JANUARY 4, 1988 AT 5:15 P.M. Alderman Mlinar moved to approve the special meeting on January 4, 1988 at 5:15 P.M. Motion seconded by Alderman Carls and unanimusly carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the City had received an offer re- garding the parking assessments dispute. Attorney Anderson stated the City offer was for a settlement of 50 percent of the City appraised value. The attorney for the property owners had stated his clients wanted a 40 percent settlement, but they had now agreed to a 45 percent 6 CITY COUNCIL MINUTES - DECEMBER 22, 1987 counter offer. The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve the offer. Motion unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar requested clarification regarding agenda item 5-a from tonight. He was told that Director John Bernhagen would bring back figures and a Resolution for adoption at the next Council meeting. It was reported that Alderman Mlinar had received complaints about snowmobiles going across lawns of private property. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson requested that someone look into the downtown park- ing problem for renters in downtown apartments. Some of these people work shifts so they need parking space during daytime hours. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:25 A.M. 7