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07-28-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 28, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.X. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, Marlin Tor- gerson, and Pat Xikulecky. Absent: Alderman John Xlinar. 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 Gerrit Xolenaar, Jr. 3. MINUTES The minutes of the special meeting of June 26, 1987, bid opening of July 7, 1987 and regular meeting of July 14, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1987 2. NURSING HOME BOARD MINUTES OF JUNE 25, 1987 3. TREE BOARD MINUTES OF MAY 6, 1987 4. PLANNING COMMISSION MINUTES OF JUNE 16, 1987 (b) LICENSES: 1. ELKS - GAMBLING LICENSE FOR MCLEOD COUNTY FAIR 2. PAPA VERN'S NEIGHBORHOOD GRILL - CIGARETTE LICENSE (c) APPOINTMENT: 1. MCLEOD COUNTY SOLID WASTE MANAGEMENT COMMITTEE - EUGENE ANDERSON The motion was made by Alderman Torgerson to order the report and minutes filed, issue the licenses and ratify the appointment. Notion seconded by Alderman Xikulecky and unanimously carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF OPTIONS FOR SEPTEMBER 2, 1987 CITY COUNCIL WORKSHOP REGARDING PAY PLAN/MERIT SYSTEM Following a review of the options offered to the Council, Alderman Xikulecky moved to select option three for the workshop meeting. Ald- erman Torgerson seconded the motion and carried unanimously. CITY COUNCIL MINUTES - JULY 280 1987 (b) CONSIDERATION OF APPLICATION FOR NON -INTOXICATING HALT LIQUOR LICENSE FOR SPAM IS ON AUGUST 2, 1987 During discussion Alderman Carls moved to amend the rule to add an agenda item. Notion seconded by Alderman Torgerson and unanimously carried. Alderman Torgerson moved to recommend approval of the license with the restrictions as made by the Police Chief. Notion seconded by Alderman Nikulecky and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8571 - DESIGNATION OF ADDITIONAL DEPOSITORIES OF CITY FUNDS FOR 1987 (DEFERRED JULY 14, 1987) Following discussion, Alderman Carls moved to waive reading and adopt amended Resolution No. 8571 which would allow the deposit of City funds in the depositories mentioned only if the interest rate was in excess of .005 of the City financial institutions and only for those monies from proceeds of bond sales not yet expended or grant reimbursement monies. Notion seconded by Alderman Torgerson and unanimously carried. (b) RESOLUTION 10. 8576 - RESOLUTION AUTHORIZING RELEASE AND SUBSTITUTION OF SECURITIES TO CITIZENS BANK & TRUST CO. OF HUTCHINSON, MINNESOTA It was reported that Citizens Bank & Trust had requested an additional release and substitution of pledged securities totaling $3 million. The motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 8576 with the changes as presented. Notion seconded by Alderman Nikulecky and carried unanimously. (c) RESOLUTION NO. 8577 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8577 to approve the purchase of water meters. Motion seconded by Alderman Tor- gerson and unanimously carried. 8. UNFINISHED BUSINESS (a) PETITION TO REOPEN HURON STREET AT RAILROAD CROSSING FOR THROUGH TRAFFIC (DEFERRED JULY 14, 1987) Engineer Anderson reported that the owner of Dakota Rail was willing to absorb the $3,000 cost to reopen the railroad track. The City cost would be approximately $2,000 to pave across the railroad track cross- ing. If gravel were put across the track, there would be an additional cost to the railroad for required planking. Following discussion, Alderman Carls moved for the City to provide up to $1,000 toward the cost of planking for gravel across the railroad 2 CITY COUNCIL MINUTES - JULY 28, 1987 track. Notion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF PROPOSED USE FOR REAR OVERHEAD DOOR AT TOWN & COUNTRY TIRES LOCATED AT 31 FIRST AVENUE NORTHEAST (DEFERRED JULY 14, 1987) City Attorney Anderson commented on the City's ordinance regarding parking lots and their use. No action was taken. (c) CONSIDERATION OF PHP INSURANCE RENEWAL (DEFERRED JULY 14, 1987) During discussion, the City Attorney was directed to obtain a legal opinion from the Attorney General regarding State Statute. The motion was made by Alderman Torgerson to approve renewal and enter into a contract with PHP. Alderman Mikulecky seconded the motion and carried unanimously. (d) CONSIDERATION OF PROPOSAL FOR LUND EASEMENT TO FACILITATE HIGHWAY 15 SOUTH PROJECT (DEFERRED JULY 14, 1987) Following discussion, Alderman Torgerson moved to authorize administra- tion to acquire the Lund property through direct negotiations or emi- nent domain and to waive reading and adopt Resolution No. 8586. Notion seconded by Alderman Carls and carried three to one, with Aldermen Carls, Torgerson and Mayor Ackland voting aye and Alderman Nikulecky voting nay. (e) CONSIDERATION OF AUTHORIZING SETTLEMENT ON PARKING ASSESSMENT APPEALS After discussion, the motion was made by Alderman Torgerson to author- ize the City Attorney to negotiate a settlement. Motion seconded by Alderman Mikulecky. Alderman Carls amended the motion for a 50 percent settlement level. Amended motion seconded by Alderman Torgerson and unanimously carried. The main motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to approve discontinuation of service unless other arrangements had been made. Motion seconded by Alderman Miku- lecky and carried unanimously. (b) CONSIDERATION OF RECOMMENDATIONS FROM POLICE CIVIL SERVICE COMMISSION Following discussion, Alderman Torgerson moved to approve the recommen- dation of the time line for selection process of a police chief. No- tion seconded by Alderman Carls and unanimously carried. Alderman Carls moved to approve the job description and qualifications for the police chief. Motion seconded by Alderman Torgerson and car- ried unanimously. 3 CITY COUNCIL MINUTES - JULY 28, 1987 Alderman Carla moved to approve the 10 -week leave of absence for Peter Flucke. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF PRELIMINARY PLAT OF DOBRATZ ADDITION SUBMITTED BY DONALD DOBRATZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carla moved to approve the preliminary plat and waive reading and adopt Resolution No. 8579. Motion seconded by Alderman Mikulecky and unanimously carried. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THOMAS DAGGETT, HUTCH MANUFACTURING, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8580. Motion seconded by Alderman Torgerson and carried unanimously. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY VIRGIL VOIGHT, CROW RIVER VETERINARY CLINIC, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carla moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8581. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF REZONING FROM R-1 TO R-3 ON GOLF COURSE PROPERTY ABUTTING HELLAND'S FIRST ADDITION SUBMITTED BY TERRY NICK AND DAN FENEIS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Terry Mick and Dan Feneis presented drawings of the proposed apartment building. Following discussion, Alderman Carla moved to uphold the Planning Commission's recommendation and reject the request. Motion seconded by Alderman Torgerson and carried unanimously. (g) CONSIDERATION OF FINAL PLAT SUBMITTED BY LARRY BETHKE FOR TOWNHOUSES ON PUD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the final plat and to waive reading and adopt Resolution No. 8582. Motion sec- onded by Alderman Mikulecky and unanimously carried. (h) CONSIDERATION OF REGISTERED LAND SURVEY NO. 20 SUBMITTED BY LARRY BETHKE FOR TOWNHOUSES ON PUD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Carla, seconded by Alderman Torgerson, to approve the Registered Land Survey No. 20. Motion carried unani- mously. 4 CITY COUNCIL MINUTES - JULY 28, 1987 (i) CONSIDERATION OF LOT SPLIT ON CARLISLE STREET REQUESTED BY JOHN KEEFE JR. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the lot split. Motion seconded by Alderman Carle and unanimously carried. (j) CONSIDERATION OF SKETCH PLAN SUBMITTED BY LOWELL BRECHT WITHIN TWO MILE RADIUS Alderman Torgerson moved to refer the sketch plan to the County with no objection. Motion seconded by Alderman Carla and carried unanimously. (k) CONSIDERATION OF RENEWALS OF LONG-TERM DISABILITY AND LIFE INSURANCE Following discussion, Alderman Carla moved to approve the renewals and accept the proposals. ]lotion seconded by Alderman Torgerson and car- ried unanimously. RECESS: The City Council adjourned at 9:16 P.X. for a 10 -minute recess. (1) CONSIDERATION OF 1988 BUDGET DATES AND GUIDELINES The following dates were established for budget meetings: August 31. . September 2. September 9. September 22 . 8:00 P.K. . 6:00 P.M. . . 9:00 P.X. . . 8:00 P. X. (Public Hearing) (m) CONSIDERATION OF REVISED SUBDIVISION AGREEMENT FOR SUNSET RIDGE ADDITION Following discussion, Alderman Torgerson moved to approve the subdi- vision agreement. Motion seconded by Alderman Xikulecky and carried unanimously. (n) CONSIDERATION OF SUBDIVISION AGREEMENT FOR FIFTH ADDITION TO LAKEWOOD TERRACE Following discussion, Alderman Torgerson moved to approve the subdi- vision agreement. Motion seconded by Alderman Carla and unanimously carried. (o) CONSIDERATION OF SUPPLEMENTAL AGREEMENT 10. 2 FOR LETTING NO. 5, PROJECT NO. 87-17 Following discussion, Alderman Carla moved supplemental agreement. Motion seconded by ried unanimously. 5 to approve and enter into Alderman Mikulecky and car - CITY COUNCIL MINUTES - JULY 28, 1987 (p) CONSIDERATION OF FUTURE LAND SALE ADJACENT TO WATER TREATMENT PLANT SITE Following discussion, Alderman Carls moved to approve the land sale. Notion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to direct the City Administrator to contact the developers of Burger King and the apartment building units regarding the sale of City prop- erty. Notion unanimously carried. (q) CONSIDERATION OF ENCLOSED HANGAR FOR CIVIL AIR PATROL PLANE This item was withdrawn from the agenda until the August 11, 1987 meet- ing. (r) CONSIDERATION OF DELEGATING AUTHORIZATION FOR LOAN COMMITMENTS FOR REVOLVING LOAN FUND TO HCDC FOR LOANS 85,000 OR LESS Following discussion, Alderman Carls moved to approve and waive read- ing and adopt Resolution No. 8583. Notion seconded by Alderman Torger- son and carried unanimously. (s) CONSIDERATION OF ERECTING "INDUSTRIAL PARK EAST" SIGN ON CITY OR STATE PROPERTY Following discussion, Alderman Mikulecky moved to approve the sign. Motion seconded by Alderman Carls and unanimously carried. (t) CONSIDERATION OF AUTHORIZING HUTCHINSON COMMUNITY DEVELOPMENT CORP. TO PROCEED WITH PREPARATION OF COMMUNITY DEVELOPMENT GRANT FOR DOWNTOWN RENOVAT I ONS Following discussion, Alderman Carls moved to approve preparation of the grant and to waive reading and adopt Resolution No. 8584. Notion seconded by Alderman Mikulecky and carried unanimously. (u) CONSIDERATION OF APPOINTING A COUNCIL REPRESENTATIVE TO HCDC BOARD Alderman Carls moved to defer. Motion seconded by Alderman Mikulecky and unanimously carried. (v) CONSIDERATION OF ADOPTING FINAL OPERATION PLAN FOR WASTEWATER TREATMENT FACILITY The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the plan. Motion carried unanimously. (w) CONSIDERATION OF AUTHORIZATION TO PUBLICIZE PROPOSED CITY CHARTER Following discussion, Alderman Carls moved to authorize publication C.1 CITY COUNCIL MINUTES - JULY 28, 1987 with the two changes authorized. Notion seconded by Alderman Torger- son and unanimously carried. (x) CONSIDERATION OF SCHEDULING ELECTION DATE ON CITY CHARTER CHANGES Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to set the special election for the City Char- ter for September 17, 1987. Notion unanimously carried. Alderman Torgerson moved to authorize the City Attorney to draw up the question on the ballot. Motion seconded by Alderman Mikulecky and car- ried unanimously. (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on the memorandums from the Motor Pool which clarified the engine overhaul of the Terex front-end loader and from the Director of Parks and Recreation regarding the policy and dress code in the swimming pool area and $150 cost to move the fence. It was reported there was a letter to the editor in today's edition of the Leader regarding playing ball while it was lightning outside. The Recreation Director will be sending a memo to those involved regarding the policy. An audit report on the wastewater treatment plant project will be pre- sented Thursday morning, July 30, at 10:00 A.M. A joint meeting of City staff and township representatives will be held on July 30 to discuss a Joint orderly annexation agreement and joint planning board. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the status of the police station project. He was informed by the City Engineer that one tree at the site would have to be removed. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported a neighbor on Fifth Avenue had complained about the weeds going to seed on adjacent property. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson commented that the Midwest Trailer Court had been tax -forfeited to the State in July for three years of delinquent taxes amounting to $10,000. The City could have the option to purchase the property for a public purpose. Attorney Anderson had been in touch lei CITY COUNCIL MINUTES - JULY 28, 1987 with the Xinnesota Department of Health regarding the conditions in the trailer park, and he was hoping for some action from them. It was reported the "answer" had been filed by Junker Sanitation re- garding the pending lawsuit against the City. It will be September or October before any depositions will be available. The real estate contract and closing statement for purchase of property at 325 Adams Street was sent to the Fannie Xae office in Chicago. At- torney Anderson was waiting to receive the quick claim deed. Upon its receipt, the building could be demolished. (e) COXXUNICATIONS FROX DIRECTOR OF ENGINEERING Engineer Anderson reported that on Thursday of this week the sewer and storm sewer project would be in operation at the new elementary school. The City Engineer commented that for his 1988 budget, he may need to obtain some figures from RCX regarding the water plant project. 11. CLAIMS. ,APPROPRIATIONSN NCO TRACT PAYMENTS (a) VERIFIED CLAIXS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Xotion unanimously carried. 12. ADJOURNXENT There being no further business, the meeting adjourned at 10:50 P.X. T