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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 - 3 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 4 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. M 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 VA 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.