07-14-1987 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 14, 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, 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 Gerrit Molenaar, Jr.
3. MINUTES
The minutes of the regular meeting of June 23, 1987 were approved as amended
and the minutes of the bid opening of June 22, 1987 was approved as distrib-
uted.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JUNE 1987
2. PARKS & RECREATION BOARD MINUTES OF JUNE 3, 1987
3. NURSING HOME BOARD MINUTES OF APRIL 231 1987
4. HOSPITAL BOARD MINUTES OF MAY 19, 1987
(b) NON -INTOXICATING MALT LIQUOR LICENSES:
1. HUTCHINSON JAYCEES - TOURNAMENTS JULY 25-26, 1987
2. MCLEOD COUNTY AGRICULTURE ASSN. - COUNTY FAIR AUGUST 21-25, 1987
(c) LICENSES FOR ST. ANASTASIA PARISH FALL FESTIVAL ON SEPTEMBER 20, 1987
1. BINGO LICENSE
2. GAMBLING LICENSE
3. NON -INTOXICATING MALT LIQUOR LICENSE
The motion was made by Alderman Mlinar to order the report and minutes
filed and issue the licenses. Motion seconded by Alderman Torgerson
and unanimously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) ASSESSMENT ROLL NO. 234 - LETTING 110. 15
Mayor Ackland called the hearing to order at 8:00 P.M. No one was
present to be heard.
Alderman Mlinar moved to close the hearing at 8:01 P.M. Motion sec-
onded by Alderman Torgerson and carried unanimously.
CITY COUNCIL MINUTES - JULY 14, 1987
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky, to approve and adopt Roll No. 234, award the contract for im-
provement to Juul Contracting Company in the amount of $89,894.75, and
to waive readings and adopt Resolutions No. 8574 and No. 8575. Motion
unanimously carried.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) PRESENTATION BY PRESIDENT ERIC SMITH AND TREASURER GARY HEM ON
UPDATING/REVISING BENEFIT LEVEL OF FIRE RELIEF ASSOCIATION
Representatives Eric Smith and Gary Henke presented the actuarial re-
port for the Fire Relief Association. They requested Council approval
of proposal No. 2, effective with the August 1, 1987 pension distribu-
tion, for a pension increase of $1.00 per year of service (to $6.00)
and a death benefit increase to $5,000.
Following discussion, Alderman Torgerson moved to approve proposal
No. 2 as presented. Motion seconded by Alderman Mlinar and carried
unanimously.
(b) CONSIDERATION OF REQUEST FOR STREET LIGHTS ALONG SCHOOL ROAD NEAR WEST
ELEMENTARY SCHOOL
The motion was made by Alderman Mlinar, seconded by Alderman Torgerson,
to approve and refer the request to Hutchinson Utilities. Motion unan-
imously carried.
(c) PETITION TO RE -OPEN HURON STREET AT RAILROAD CROSSING FOR THROUGH
TRAFFIC
A petition containing 80 signatures was received which requested the
City to re -open Huron Street at the railroad crossing for vehicular
traffic. Engineer Anderson reported on the background history of why
the street was closed by Burlington Northern and what procedure would
be necessary to re -open the street. Following discussion, City Attor-
ney Anderson was directed to determine whether the railroad or street
was in place first.
Alderman Mlinar moved to defer to the July 28 meeting. Motion seconded
by Alderman Mikulecky and carried unanimously.
(d) PRESENTATION BY BOB ELLIOT OF PROPOSED USE FOR REAR OVERHEAD DOOR AT
TOWN & COUNTRY TIRES LOCATED AT 31 FIRST AVENUE NORTHEAST
Mr. Bob Elliot explained the use of the rear overhead door. He also
stated he had no intention of blocking the municipal liquor store park-
ing lot; however, on occasion it might be necessary to use the lot tem-
porarily to change tires on a large truck.
CITY COUNCIL MINUTES - JULY 14, 1987
The issue was raised that a curb cut had been made without City author-
ization. The City Attorney was directed to look into the use of the
lot and the acquisition of the property.
The motion was made by Alderman Carls to defer to the July 28 meeting.
Notion seconded by Alderman Xlinar and unanimously carried.
(e) PRESENTATION BY JOHN BERNHAGEN AND DOUG JOST REGARDING ENERGY LOAM FROM
REVOLVING LOAN FUND FOR ELI OTT IS EATERY
Mr. John Bernhagen reviewed the energy loan from the revolving loan
fund. He stated Eliott's Eatery had applied for an energy loan in the
amount of $3,031 to install a heating and cooling unit.
Following discussion, Alderman Xlinar moved to approve the energy loan.
Notion seconded by Alderman Torgerson and unanimously carried.
(f) PRESENTATION BY CHARLES BAILLY & COMPANY ON 1986 CITY AUDIT REPORT
Auditor Larry Jacobson presented a review of the City's 1986 audit re-
port. No action was necessary.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE 10. 4/87 - AN ORDINANCE AMENDING ORDINANCE 10. 464 CONCERNING
ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING
NAP
Alderman Xikulecky moved to waive second reading and adopt Ordinance
No. 758. Notion seconded by Alderman Xlinar and carried unanimously.
(b) ORDINANCE 10. 5/87 - AN ORDINANCE AMENDING SECTION 10.05(C), SUBD. (d)
OF ZONING ORDINANCE 10. 464 CITY OF HUTCHINSON, ENTITLED PORTABLE SIGNS
It was moved by Alderman Torgerson, seconded by Alderman Nikulecky, to
waive second reading and adopt Ordinance No. 759. Motion unanimously
carried.
(c) RESOLUTION NO. 8567 - RESOLUTION ACCEPTING $75,000 FROM HUTCHINSON
UTILITIES COMMISSION
The motion was made by Alderman Xlinar, seconded by Alderman Torgerson,
to waive reading and adopt Resolution No. 8567. Notion carried unani-
mously.
(d) RESOLUTION 10. 8569 - RESOLUTION FOR PURCHASE
Alderman Carls moved to waive reading and adopt Resolution No. 8569,
with the deletion of the sun lounge chairs. Motion seconded by Alder-
man Torgerson. Alderman Mikulecky moved to amend the motion to also
delete the engine overhaul for action on it at the next meeting. No -
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CITY COUNCIL MINUTES - JULY 14, 1987
tion seconded by the Chair. Upon roll call, the amended motion failed
three to two, with Aldermen Mikulecky and Mayor Ackland voting aye and
Aldermen Carle, Mlinar and Torgerson voting nay. The main motion car-
ried four to one, with Alderman Mikulecky voting nay.
The motion was made by Alderman Carls to transfer the remaining con-
struction fund money into the project in which the City designated the
federal revenue monies and from which the City took the federal revenue
monies originally, and that would be the police facility. Motion sec-
onded by Alderman Torgerson and carried unanimously.
(e) RESOLUTION NO. 8571 - DESIGNATION OF ADDITIONAL DEPOSITORIES OF CITY
FUNDS FOR 1987
Alderman Torgerson moved to waive reading and adopt Resolution No.
8571. Motion seconded by Alderman Mikulecky. After discussion, Ald-
erman Mlinar amended the motion to defer to the next meeting. Amended
motion seconded by Alderman Torgerson and carried unanimously. Main
motion unanimously carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF SECOND QUARTER MERIT ADJUSTMENT AND PAY GRADE
CLASSIFICATION CHANGE (DEFERRED JUNE 23, 1987)
It was moved by Alderman Carls to approve the merit recommendations for
second quarter and pay grade change for Larry Karg. Alderman Torgerson
seconded the motion and carried four to one, with Alderman Mikulecky
voting nay.
(b) CONSIDERATION OF BEVERAGES SERVED AT ANNUAL CITY APPRECIATION PICNIC
City Attorney Anderson stated it was his legal opinion that the City
had no liability on the issue of serving alcoholic beer at a City
picnic. Following discussion, Alderman Torgerson moved to approve
serving beverages at the picnic. Motion seconded by Alderman Carls and
unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR HIGH SERVICE BOOSTER PUMP
10. 4 AT WATER TREATMENT PLANT AND ADVERTISE FOR BIDS
Following discussion, Alderman Mikulecky moved to approve plans and
specifications, to open bids August 6, 1987 at 2:00 P.M., and to waive
reading and adopt Resolution No. 8566. Motion seconded by Alderman
Torgerson and unanimously carried.
(b) CONSIDERATION OF PROPOSED SUPPLEMENTAL AGREEMENT FOR PLAZA HEIGHTS
PROJECT
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CITY COUNCIL MINUTES - JULY 14, 1987
After discussion, the motion was made by Alderman Mikulecky, seconded
by Alderman Carls, to approve and enter into the supplemental agree-
ment. Lotion unanimously carried.
(c) CONSIDERATION OF WORK STUDY AGREEMENT WITH HVTI FOR 1987-88 SCHOOL YEAR
Following discussion, Alderman Carls moved to approve and enter into a
work study agreement. Motion seconded by Alderman Miinar and carried
unanimously.
(d) CONSIDERATION OF PROHIBITING TRUCK TRAFFIC ON SIXTH AVENUE SOUTHEAST
After discussion, it was moved by Alderman Carls, seconded by Alderman
Torgerson, to approve and waive reading and adopt Resolution No. 8568.
Motion unanimously carried.
(e) CONSIDERATION OF SUPPLEMENTAL AGREEMENT TO REPAIR DAMAGED CURB AND
PAVEMENT AT NATIONAL GUARD ARMORY
Following discussion, Alderman Mlinar moved to approve and enter into
supplemental agreement. Motion seconded by Alderman Torgerson and
carried unanimously.
(f) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR LETTING NO. 5, PROJECT
NO. 87-17 (WEST ELEMENTARY SCHOOL SANITARY SEWER LIFT STATION)
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Mikulecky, to approve and enter into a supplemental agree-
ment. Motion unanimously carried.
(g) CONSIDERATION OF ESTABLISHING ASSESSMENT HEARING FOR LETTING NO. 16,
PROJECT 10. 87-36, ASSESSMENT ROLL 10. 235
Following discussion, Alderman Mikulecky moved to approve assessment
roll No. 235, set hearing for August 11, 1987 at 8:00 P.M., and to
waive readings and adopt Resolutions No. 8572 and No. 8573. Motion
seconded by Alderman Torgerson and carried unanimously.
(h) CONSIDERATION OF PHP INSURANCE RENEWAL
PHP representatives Jim Breitbach and Sandy Brooks presented a report
on the rate increase and proposed changes in the new contract.
During discussion, the City Attorney was directed to check into the
legality of the City Council placing a cap on the amount of insurance
coverage paid by the City without employee vote.
Alderman Mikulecky moved to defer to the July 28 meeting. Motion sec-
onded by Alderman Torgerson and unanimously carried.
RECESS: The City Council adjourned at 9:25 P.M. for a recess.
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CITY COUNCIL MINUTES - JULY 14, 1987
(i) CONSIDERATION OF PROPOSAL FOR LUND EASEMENT TO FACILITATE HWY. 15 SOUTH
PROJECT
Engineer Anderson stated there was a need for a bigger sewer line on
South Grade Road in the future, which would affect the Lund property.
Following discussion, Alderman Torgerson moved to approve and authorize
preparation and execution of the Lund easement. Motion seconded by
Alderman Mikulecky. After further discussion, Alderman Torgerson moved
to amend the motion to defer to the next meeting and direct the City
Attorney to attempt to re -negotiate the easement agreement with the
Lunds. Amended motion seconded by Alderman Carls and unanimously car-
ried. Main motion carried unanimously.
(j) CONSIDERATION OF RESCHEDULING JULY 22, 1987 SPECIAL CITY COUNCIL
MEETING TO JULY 23, 1987
It was moved by Alderman Mlinar to change the meeting date to July 23,
1987. Alderman Mikulecky seconded the motion and unanimously carried.
(k) CONSIDERATION OF SETTING DATE FOR CITY COUNCIL WORKSHOP IN SEPTEMBER
City Administrator Plotz suggested a workshop should be held to discuss
the merit system, with a consultant present to address alternatives.
Alderman Mlinar moved to set a workshop meeting for September 2, 1987
at 7:00 P.X. Motion seconded by Alderman Torgerson and carried unani-
mously.
(1) CONSIDERATION OF ANNUAL AGREEMENT WITH MN/DOT FOR 1988 TRANSIT
OPERATION
Following discussion, the motion was made by Alderman Carls, seconded
by Alderman Torgerson, to approve and enter into an agreement and to
waive reading and adopt Resolution No. 8570. Motion unanimously car-
ried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz stated the City Attorney had suggested holding
a closed meeting on the airport appraisals and parking assessment
appeals at the July 23 special City Council meeting.
It was reported the Historical Society had requested the City to waive
the temporary construction water cost for the Heritage Center. The no-
tion was made by Alderman Mikulecky to approve waiving the construc-
tion water cost until such time as the certificate of occupancy was
completed for the Heritage Center. Motion seconded by Alderman Mlinar
and unanimously carried.
C.
CITY COUNCIL MINUTES - JULY 14, 1987
Administrator Plotz informed the Council that the footings for the
police facility were poured today. Also, the wastewater treatment
plant project was ahead of schedule.
(b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar inquired about the status of the contracts for the
police station. He was told all but two contracts had been received.
The Director of Engineering was asked to look at the curb in front of
Greencastle located on the south side of the building and the north
side of Century Avenue.
Alderman Mlinar commented that he had received a couple of complaints
regarding children using the wading pool were required to wear swimming
suits. He questioned if there had been a change in policy.
(c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson asked the City Engineer to obtain the plans for the
Highway 15 project for the next Planning Commission meeting.
(d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky commented on a letter received from the Civil Air
Patrol requesting an enclosed hangar at the airport in order to meet
regulations.
An inquiry was made regarding the Hutchinson Community Development Cor-
poration's upcoming retreat and the funding for it.
Alderman Mikulecky requested the 1988 budget be prepared closer to
the actual costs and eliminate extensive cutting by the Council.
An inquiry was made regarding Tax Increment District No. IV. Alderman
Mikulecky asked the City Attorney to determine if the City was in com-
pliance with the agreement between the City and Jim DeXeyer.
(e) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls stated he had talked to Mr. Jon Marshall on Fifth Ave-
nue Northwest, a resident south of Maplewood Academy, regarding the
water problem in that area. The City Engineer was requested to look
into the matter and make a recommendation and estimate the costs to
resolve the issue.
Alderman Carls inquired why Madson Avenue was torn up this year. The
City Engineer commented there was an infiltration problem.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
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CITY COUNCIL MINUTES - JULY 14, 1987
Engineer Anderson stated the sewer line for the new elementary school
should be ready for temporary use in a week and a half.
The City Engineer canvassed the Council for its opinion on making the
Fifth Avenue water and sanitary sewer lines a 1988 project. He stated
the present lines were over 50 years old and needed to be replaced.
Alderman Carls moved to consider the water main and sanitary sewer line
on Main Street South from Fifth Avenue in 1988. Motion seconded by
Alderman Mlinar and carried unanimously.
(g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland inquired about an aerobics class being offered by the
recreation department. He felt it was getting into private business to
offer such a class to adults.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar,
to approve and authorize payment from the appropriate funds. Motion
unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 11:30 P.M.
H.