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05-26-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 26, 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, City Attorney G. Barry Anderson, and Finance Director Kenneth B. Merrill. 2. INVOCATION The invocation was given by the Reverend Lavern Johnson. 3. MINUTES The minutes of the regular meeting of May 12, 1987, bid opening of May 20, 1987, Board of Review of May 20, 1987 and special City Council meeting of May 20, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1987 2. LIBRARY BOARD MINUTES DATED MAY 5, 1987 3. PLANNING COMMISSION MINUTES DATED APRIL 21, 1987 4. HOSPITAL BOARD MINUTES DATED APRIL 10 AND APRIL 21, 1987 (b) GAMBLING LICENSE FOR HUTCHINSON JAYCEES AT GOLD COIN (c) REQUEST FOR REDUCED TRASH AND REFUSE RATE The motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to order the minutes and report filed, issue the license and approve the rate reduction. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 87-34 - SHADY RIDGE ROAD Mayor Ackland called the hearing to order at 8:00 P.M. There was no one present to be heard regarding project No. 87-34. Alderman Torgerson moved to close the hearing at 8:03 P.M. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve project 87-34 and the plans and specifications, to advertise for bids on June 8, 1987 at 2:00 P.M., and to waive readings and adopt Resolutions No. 8538 and No. 8539. Motion carried unanimously. 1 CITY COUNCIL MINUTES - MAY 26, 1987 (b) ASSESSMENT ROLL NO. 232 - PROJECT NO. 87-31, LETTING NO. 7 (CONTINUED HEARING FROM MAY 12, 1987) Mayor Ackland reopened the continued hearing at 8:04 P.M. Mr. Art Zabel, 545 Highway 7 West, stated at the May 12 hearing he had asked the Council and City Engineer to look at the present storm sewer drainage on Third and Fourth Avenues. He asked why it wasn't adequate and why the City couldn't save money by getting a larger intake. Mr. Zabel thought the project was a waste of money, and it could be put to better use. There had never been water in the ditch running in front of his house. Hutch Computer Inc. built in a swamp area next to the culvert which has poor drainage. It was his suggestion to extend the Third Avenue sewer line, for which Mr. Zabel would be willing to pay an assessment on the project. Mr. Deforest Wagner, 745 Highway 7 West, commented that the water must go west and not east. He couldn't get through the road because of standing water, and the existing sewer didn't drain Third Avenue. Engineer Anderson remarked that the drainage problem should be resolved if the line on Third Avenue was made larger. It could be considered as an 1988 improvement project. Alderman Torgerson moved to close the hearing at 8:30 P.M. Motion sec- onded by Alderman Carls and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to reject project 87-31. Motion unanimously carried. (c) ASSESSMENT ROLL NO. 227 - PROJECT NO. 87-07 & NO. 87-09, LETING NO. 2 Mayor Ackland called the hearing to order at 8:31 P.M. There was no one present to be heard regarding Roll No. 227. Alderman Mlinar moved to close the hearing at 8:33 P.M. Motion sec- onded by Alderman Torgerson and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and adopt Assessment Roll No. 227, award contract for im- provement, set the assessment hearing on Project No. 87-35 for the sup- plemental agreement for June 23, 1987 at 8:00 P.M., and to waive read- ings and adopt Resolutions No. 8540-8544. Motion carried four to zero, with Alderman Mikulecky abstaining from voting as a property owner. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TRANSIENT MERCHANT LICENSE BY DAVID A. KRIEDLER 2 CITY COUNCIL MINUTES - MAY 26, 1987 Alderman Torgerson moved, that upon the recommendation of the Police Chief, to reject the application. Motion seconded by Alderman Carls and carried unanimously. (b) CONSIDERATION OF REQUEST FOR DANCE PERMIT AT SPANKYS FOR JUNE 21, 1987 The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to to approve the request and issue the dance permit. The motion was amended by Alderman Torgerson to include approval of the Police Chief. Amended motion seconded by Alderman Mikulecky and unani- mously carried. Main motion carried unanimously. (c) CONSIDERATION OF PETITION FOR SANITARY SEWER TO SERVE OAKWOOD LANE Engineer Anderson commented on the sanitary sewer line on Oakwood Lane and reported it did not connect to the City's sewer system. Fifty five feet of the line would be a City cost of approximately $55,000. Mr. John Bergerson, 1203 Oakwood Lane, stated he had paid on assess- ments for his sanitary sewer line and was not in favor of paying for someone else's line. Following discussion, Alderman Mlinar moved to authorize the City En- gineer to proceed and adopt Resolution No. 8537. Motion seconded by Alderman Torgerson and unanimously carried. Alderman Mlinar moved to approve the petition and the preparation of the engineering report on project No. 87-36. Motion seconded by Alder- man Torgerson and carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8532 - RESOLUTION FOR RELEASE OF PLEDGED SECURITIES TO CITIZENS BANK & TRUST CO. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8532. Motion unanimously carried. (b) ORDINANCE NO. 3/87 - ORDINANCE ADOPTING 1987 MINNESOTA STATE BUILDING CODE Alderman Carls moved to waive second reading and adopt Ordinance No. 757. Motion seconded by Alderman Mlinar and carried unanimously. 8. UNFINISHED BUSINESS (a) DISCUSSION BY CITY ATTORNEY OF CITY'S CONTRIBUTION TO JAYCEE WATER CARNIVAL Attorney Anderson reported the insurance consultant had informed him CITY COUNCIL MINUTES - MAY 26, 1987 the City would need insurance coverage if it became involved with fire- works. Therefore, it was his recommendation to adopt a resolution of clarification that the City's contribution would go into the Water Carnival general expenses. Following discussion, Alderman Mlinar moved to adopt Resolution No. 8548 for clarification of the City's contribution to the general ex- penses of the Water Carnival. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR DEMOLITION AND REMOVAL OF STRUCTURE (DEFERRED MAY 20, 1987) The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and award the bid of $1,500 to Diamond 5 Wrecking. Motion carried unanimously. Attorney Anderson requested the building not be demolished before Thursday so he could contact Mr. Klockman's attorney. (c) CONSIDERATION OF COMMERCIAL AND RESIDENTIAL GARBAGE RATES (DEFERRED MAY 20, 1987) Alderman Torgerson presented a report on the landfill costs and stated there will be an increase of $2.40 per cubic yard. During discussion it was pointed out that Junker Sanitation had not of- ficially served the City on a pending lawsuit. It was the consensus of the Council not to provide a cost of living adjustment at this time and to request from Junker a list of charges assessed against all commer- cial businesses without dumpsters. It was moved by Alderman Torgerson that the City grant $1.45 increase per month to cover the landfill increase, effective July 1, 1987, with said increase to be approximately three cents higher than the landfill contract. Motion seconded by Alderman Mikulecky and unanimously car- ried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to discontinue service on June 1 at noon un- less prior arrangements had been made. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF CHANGING DATE FOR FIRST COUNCIL MEETING OF MONTH TO MONDAY, JUNE 8, 1987 AT 7:30 P.M. It was moved by Alderman Mlinar, seconded by Alderman Carls, to approve the change of meeting date to June 8. Motion unanimously carried. 4 CITY COUNCIL MINUTES - MAY 26, 1987 (c) CONSIDERATION OF AWARDING BIDS ON $1,200,000 G.O. IMPROVEMENT BONDS OF 1987 AND $5,975,000 G.O. WASTEWATER TREATMENT BONDS OF 1987 Bond Consultant Bill Fahey presented a report on the bond sales and bids received. He reported the City was given an "A" bond rating. Following discussion, Alderman Torgerson moved to approve and award the bid on the $1,200,000 G.O. Improvement Bond to First Bank Minneapolis at a price of $550,100 with 6.6277 percent interest and to waive read- ing and adopt Resolution No. 8546. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Mlinar moved to approve and award the bid on the $5,975,000 G.O. Wastewater Treatment Bond to Manufacturers Hanover Trust Company at a price of $4,471,923.75 with 7.1039 percent interest and to waive reading and adopt Resolution No. 8547. Motion seconded by Alderman Torgerson and carried unanimously. (d) WITHDRAWN FROM AGENDA (e) CONSIDERATION OF WRITING SPECIFICATIONS AND ADVERTISING FOR BIDS FOR REPLACEMENT OF PICKUP TRUCK IN WATER DEPARTMENT The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve writing the specifications and advertising for bids. Mo- tion unanimously carried. (f) CONSIDERATION OF REPAINTING POLICE SQUAD CAR, UNIT NO. 4 Following discussion, it was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to reject repainting the squad car. Motion carried three to two, with Aldermen Carls, Mlinhar and Mikulecky voting aye and Alderman Torgerson and Mayor Ackland voting nay. (g) CONSIDERATION OF REPAINTING 1981 CHEVROLET PICKUP, POLICE UNIT NO. 6 After discussion, Alderman Carls moved to approve awarding the bid to Wigen Chevrolet at $930 for repair and repaint work. Motion carried unanimously. RECESS: The Council adjourned for a five minute recess at 9:40 P.M. (h) CONSIDERATION OF ADDITIONAL WATERMAIN IMPROVEMENTS ON RELIEF SANITARY SEWER PROJECT Engineer Anderson recommended replacing most of the watermains along the route of the sanitary sewer project while the streets are under construction. It was reported the pipes were over 50 years old. The estimated City cost would be $256,200, with the funding to come from the water and sewer fund and bond reimbursement in 1988. 5 CITY COUNCIL MINUTES - MAY 26, 1987 Concern was expressed that the present improvement work on Second Avenue may not be completed by the date of the Jaycee Water Carnival, and additional work would make it impossible for the parade to go down Second Avenue. Following discussion, Alderman Torgerson moved to approve obtaining prices for the additional work and to call for bids. There was no second to the motion, and Alderman Torgerson withdrew his motion. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to reject the project. Motion unanimously carried. (i) CONSIDERATION OF GRANTING EASEMENTS TO MN/DOT FOR PROPOSED T.H. 15 CONSTRUCTION After discussion, Alderman Mlinar moved to approve and grant temporary easements, pending approval from the appropriate property owners, and to waive reading and adopt Resolution No. 8545. Motion seconded by Alderman Torgerson and carried unanimously. (j) CONSIDERATION OF PROHIBITING PARKING ON SOUTH SIDE OF SOUTH GRADE ROAD FROM T.H. 15 TO MERRILL STREET Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to defer action. Motion unanimously carried. (k) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY CROW RIVER COUNTRY CLUB WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Carls moved to approve the permit and to waive reading and adopt Resolution No. 8533. Motion seconded by Alderman Torgerson and carried unanimously. (1) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GILBERT HAMMER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the permit and waive reading and adopt Resolution No. 8534. Motion unanimously carried. (m) CONSIDERATION OF PRELIMINARY PLAT OF FIFTH ADDITION TO LAKEWOOD TERRACE SUBMITTED BY LORETTA MCDONALD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Carls moved to approve the preliminary plat and waive reading and adopt Resolution No. 8535. Motion seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF REQUEST BY SUPER AMERICA FOR TIME EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE GRANTED NOVEMBER 1986 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 2 CITY COUNCIL MINUTES - MAY 26, 1987 The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the time extension. Motion unanimously carried. (o) WITHDRAWN FROM AGENDA (p) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ALFRED KOGLIN WITHIN TWO MILE RADIUS After discussion, Alderman Carls moved to refer the sketch plan to the County with no objection. Motion seconded by Alderman Mikulecky and carried unanimously. (q) CONSIDERATION OF SKETCH PLAN SUBMITTED BY SIEMSEN/LARAWAY WITHIN TWO MILE RADIUS Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, that upon the recommendation of the Acoma Town Board, to deny the sketch plan. Motion unanimously carried. (r) CONSIDERATION OF FINAL PLAT FOR SUNSET RIDGE ADDITION SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve the final plat and waive reading and adopt Resolution No. 8536. Motion seconded by Alderman Carls and carried unanimously. (s) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SUNSET RIDGE ADDITION It was moved by Alderman Torgerson to approve the subdivision agree- ment. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz made reference to the fact that Homer Pittman's re- tirement would be effective the end of this week. He also stated that Building Official Marka had established a scheduling plan for inspec- tions and in-house hours. It was requested that the Council approve a change order for the waste- water treatment plant on a deduct of $11,763 for pre -insulated pipe. Harris Mechanical would like to substitute PVC jacketed material for a cost savings. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the change order. Motion unanimously car- ried. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls commented on the issue of "no parking" during school hours along Boulder Street. He suggested restricted hours to allow for 7 CITY COUNCIL MINUTES - MAY 26, 1987 mail delivery. Also, a survey could be done of the residents in the area and a letter sent to the school district. Alderman Carls request- ed this item be discussed at the second Council meeting in June. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the pull tabs gambling at 40 -Hour Week and the requested follow-up report from Family Plus. He was informed that the business was no longer in operation. The City Engineer was directed to look into the ordinance regarding hooking up to the City sewer line. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson gave an update report on the airport appraisals. He commented he had been in contact with the State, and they will have a response to him within a week. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he had received a complaint regarding the property at 545 Franklin. He would like either the Building Official or City Forester to investigate a big hole in the back yard and high weeds on the premises. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve and authorize payment from the appropriate funds. Mo- tion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:05 P.M.