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08-25-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 25, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.H. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, and Pat Mikulecky. Absent: Alderman Marlin Torgerson. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given. 3. MINUTES The minutes of the regular meeting of August 11, 1987 and bid opening of August 18, 1987 were approved as distributed. 4. ROUTINE ITEMS 5. J (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BURNS MANOR NURSING HOME BOARD MINUTES OF JULY 23, 1987 2. PLANNING COMMISSION MINUTES OF JULY 21, 1987 3. FINANCIAL REPORT FOR JULY 1987 (b) APPOINTMENTS 1. PARK & RECREATION BOARD - PEGGY SHAFFER 2. NURSING HOME BOARD - KAY PETERSON 3. AIRPORT COMMISSION - DAVE SKAAR The motion was made by Alderman Mlinar, seconded by Alderman Carls, to order the report and minutes filed and ratify the appointments. Motion carried unanimously. PUBLIC HEARING None. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED REFUSE RATE FOR SENIOR CITIZEN Alderman Mikulecky moved to approve the request for reduced refuse rate. Motion seconded by Alderman Carls and unanimously carried. (b) DISCUSSION OF CONDEMNATION, ASSESSMENTS & PARKING ON HIGHWAY 15 AND SOUTH GRADE ROAD (REQUESTED BY JAMES DEMEYER) Mr. James DeMeyer appeared before the Council regarding his concern of the property owned by the Lunds and the City action for condemnation. 1 CITY COUNCIL MINUTES - AUGUST 25, 1987 It was agreed that negotiation would continue between the Lunds, the City Attorney and City Engineer. No action was taken. (c) CONSIDERATION OF REQUEST TO WAIVE BUILDING PERMIT FEE FOR JOSEPH R. PAFFEL Following discussion, Alderman Mikulecky moved to waive the building permit fee. Motion seconded by Alderman Carls and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 6/87 - ORDINANCE EXTENDING CORPORATE LIMITS OF THE CITY OF HUTCH I NSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORIES BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON Alderman Mikulecky moved to waive second reading and adopt Ordinance No. 760. Motion seconded by Alderman Mlinar and carried unanimously. (b) ORDINANCE NO. 7/87 - ORDINANCE AMENDING SECTION 715:10, SUBDIVISION 1 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATING TO ANGLE PARKING AREAS The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive second reading and adopt Ordinance No. 761. Motion carried unanimously. (c) RESOLUTION NO. 8600 - RESOLUTION FOR PURCHASE Alderman Mikulecky moved to defer to the next meeting for further re- view. Motion seconded by Alderman Mlinar and unanimously carried. (d) RESOLUTION 10. 8601 - RESOLUTION REQUESTING TRANSFER OF FUNDS FROM BONDS OF 1987 TO GENERAL FUND FOR REIMBURSEMENT OF ENGINEERING AND ADMINISTRATION FEES The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8601. Motion carried unani- mously. (e) RESOLUTION NO. 8599 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION Alderman Mlinar moved to waive reading and adopt Resolution No. 8599. Motion seconded by Alderman Mikulecky and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ENCLOSED HANGAR FOR C.A.P. PLANE (DEFERRED AUGUST 11, 1987) Following discussion, Alderman Mlinar moved to defer. There was no P� CITY COUNCIL MINUTES - AUGUST 25, 1987 second, and Alderman Mlinar amended his motion to remove the item from the agenda until the Airport Commission presented a recommendation. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF RECOMMENDATION FOR BIDS FOR WATER DEPARTMENT TRUCK (DEFERRED AUGUST 18, 1987) Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve awarding the bid to Wigen Chevrolet for $9,548 for a 1988 full-size pickup truck. Motion carried unani- mously. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST FOR CONSTRUCTION PROJECT TO ALLEVIATE STORMWATER RUNOFF PROBLEM AT 37 FIFTH AVENUE NORTHWEST It was reported that the Maplewood Academy stormwater runoff went into the rear yard of property at 37 Fifth Avenue Northwest. The City Engineer suggested an improvement to correct the problem. Following discussion, Alderman Mlinar authorized the City Engineer to move ahead with a report and drawings for improvement project No. 87-37 on Fifth Avenue Northwest, to set a public hearing for September 8, 1987 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8602 and No. 8603. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF RECOMMENDATION BY POLICE CIVIL SERVICE COMMISSION TO APPROVE HIRING PART-TIME POLICE CLERK The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the hiring of the part-time police clerk as recommended by the Police Civil Service Commission. Following discussion, the motion unanimously failed. Alderman Carls moved to refer the recommendation back to the Police Civil Service Commission for proper format of three names in accordance with State Statute. Motion seconded by Alderman Mikulecky and carried unanimously. RECESS: The City Council adjourned at 9:05 P.M. for a 10 minute recess. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON PUBLIC SCHOOLS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the permit and waive reading and adopt Resolution No. 8594. Motion carried unanimously. 3 CITY COUNCIL MINUTES - AUGUST 25, 1987 (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TERRY FROEXMING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the permit and waive reading and adopt Resolution No. 8595. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF VARIANCE REQUESTED BY BERNIE KNUTSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve variance and waive reading and adopt Resolution No. 8596. Motion carried unanimously. (f) CONSIDERATION OF REZONING FROM R-2 TO C-2 PROPERTY LOCATED AT 29 FOURTH AVENUE NW, 35 FOURTH AVENUE NW AND 402 MAIN NORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mayor Ackland stated there was a request to defer this item to the Sep- tember 8, 1987 meeting. Alderman Mlinar moved to defer. Motion sec- onded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF SKETCH PLAN SUBMITTED BY RONALD AND ANGEL WHITE (WITHIN TWO MILE RADIUS) The motion was made by Alderman Xlinar, seconded by Alderman Xikulecky, to refer to the County with no objection. Motion unanimously carried. (h) CONSIDERATION OF ANNEXATION PROPOSED BY HUTCH TECHNOLOGY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mikulecky approved referral to the Minnesota Municipal Board and to waive reading and adopt Resolution No. 8597. Motion seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF FINAL PLAT AND SUBDIVISION AGREEMENT OF DOBRATZ ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Carls, to approve the final plat and subdivision agreement and to waive reading and adopt Resolution No. 8598. Motion unanimously carried. (j) CONSIDERATION OF REVISED SKETCH PLAN SUBMITTED BY ALFRED KOGLIN (TWO MILE RADIUS) Alderman Mlinar moved to refer the sketch plan to the County with no objection. Motion seconded by Alderman Carls and carried unanimously. (k) CONSIDERATION OF PROPOSED SUPPLEMENTAL AGREEMENT FOR SANITARY SEWER PROJECT NO. 87-16, LETTING NO. 11, ON HARMONY LANE !I CITY COUNCIL MINUTES - AUGUST 25, 1987 Following discussion, Alderman Mlinar moved to approve the supplemental agreement No. 1 to the Juul Contracting Company contract for $►2,590. Motion seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the delinquent water and sewer bills had been omitted from the agenda and needed action. Alderman Carls moved to discontinue service as recommended unless other arrangements had been made. Motion seconded by Alderman Mlinar and carried unanimously. The Council was reminded that the City Attorney had been appointed for a six month period of January 1, 1987 to June 30, 1987. Alderman Carls moved to approve the appointment of the City Attorney, G. Barry Ander- son, for the last six months of 1987 and to waive reading and adopt Resolution No. 8609. Motion seconded by Alderman Mlinar and unani- mously carried. There will be a City/township meeting on August 27, at 7:30 P.K., to discuss an orderly annexation agreement. On September 2 the Council will hold a special workshop meeting to discuss the pay plan and merit system. Since the consultant cannot come on that date, the Personnel Coordinator could make a presentation. A written communication from the State will be forthcoming. Mr. Plotz made reference to his letter addressed to C.A.M. dated Aug- ust 12 and the relationship of Tom Christensen to the project. There are 39 separate contractors, with subcontractors under them. Mayor Ackland suggested the City obtain a lien waiver on the first payment. There was discussion of performance bonds for two contracts. The City Attorney stated he did not know their status. Mention was made of the Building Official's memorandum regarding daily inspections of the police station facility. The project is three weeks behind schedule due to delay of block delivery. No payments will be made until the performance bonds are received. The City is still wait- ing for the carpentry and roofing contracts. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls commented on the memorandum from the Street Supervisor regarding additional funding for street maintenance work. After dis- cussion, Alderman Mikulecky moved to approve the request that funds of $6,000 be available in the department's budget. Motion seconded by Ald- erman Carls and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY E CITY COUNCIL MINUTES - AUGUST 25, 1987 Alderman Xikulecky commented that the Airport Commission was inquiring about the airport appraisals. City Attorney Anderson stated he had not received a response from the State. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired about the parking assessment appeals. The City Attorney stated there was nothing new to report. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Xikulecky and unanimously carried, to approve and authorize payment from the ap- propriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:59 P.M. 141