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01-27-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 27, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman John Mlinar, Alderman Marlin Torgerson, Alder- man Pat Mikulecky and Mayor Paul L. Ackland. Absent: Alderman Mike Carls. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by Reverend Thor Skeie. 3. MINUTES The minutes of the regular meeting of January 13, 1987 and bid openings of January 20, 1987 and January 21, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1986 2. PLANNING COMMISSION MINUTES DATED DECEMBER 16, 1986 (b) APPOINTMENTS TO BOARDS: 1. SENIOR ADVISORY BOARD - MILDRED CARRIGAN NORINE RIESBERG ELSA YOUNG 2. PIONEERLAND LIBRARY BOARD - LINDA WILLMSEN The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the minutes and report filed and to ratify the appointments. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) 1987 IMPROVEMENT PROJECTS Mayor Ackland called the public hearing to order at 8:00 P.M. and read the Notice of Hearing On Improvement, 1987 Projects. Project 87-07 - No one was present to be heard. Project 87-08 - No one was present to be heard. Project 87-09 - No one was present to be heard. Project 87-10 - Mr. Ken Fennell, 640 Roberts Road, inquired when the project would take place and how the cost would be split up. The City 1 �, CITY COUNCIL MINUTES - JANUARY 27, 1987 Engineer responded the project would be done sometime between June 1 and August 30. The cost would be divided between the lots; otherwise, it would be on a front foot basis. Project 87-11 - No one was present to be heard. Project 87-13 - No one was present to be heard. Project 87-14 - No one was present to be heard. Project 87-15 - No one was present to be heard. Project 87-16 - No one was present to be heard. Project 87-17 - Mr. De Forest Wagner, Stewart, MN, asked where the lift station would go and how the project would be put in. He asked about an itemization of the breakdown of costs on the project. The City Engineer reported the project would run from the lift station west to the school site. The project was needed for the new school, but everything tied in with Mr. Wagner's layout and would not inhibit development of the area. Project 87-20 - No one was present to be heard. Project 87-21 - Mr. Marvin Wil lhite, 465 High Street, questioned if the project had been moved up from 1988 and if the cost would be on a frontage basis. He also inquired about grading and pointed out the present problem in making a right-hand turn. Mr. Willhite wondered if the approach to Highway 7 would be widened as there is a safety fac- tor to be considered. Engineer Priebe stated the project cost would be $35 a front foot. He also commented that the right-of-way could be improved for the ap- proach. Project 87-23 - No one was present to be heard. Project 87-24 - No one was present to be heard. Project 87-31 - Mr. Dick Desens, owner of New Dimension Plating, asked if any consideration was being given to the drainage problem. The City Engineer commented the project could be tied in with the Third Avenue project. Mr. Forest De Wagner inquired where and when the Third Avenue project would start. Engineer Priebe stated the project would start east of the Wagner property and was capable of future extension. The project would begin this summer. CITY COUNCIL MINUTES - JANUARY 27, 1987 Mayor Ackland read a letter received from Hutchinson Computer Indus- tries stating they were in favor of project 87-31. Project 87-32 - No one was present to be heard. Alderman Torgerson moved to close the hearing at 8:40 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the 1987 projects, call for plans and specifications, and to waive reading and adopt Resolution No. 8458. Motion carried, with Ald- erman Mikulecky abstaining since he was a property owner on project No. 87-09. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHTING 1. BETHANY BAPTIST CHURCH - LINDEN AVENUE & LYNN ROAD 2. ENTRANCE OF HAVTI & HUTCHINSON COMMUNITY HOSPITAL Alderman Mikulecky moved to approve and refer the requests to the Hutchinson Utilities. Motion seconded by Alderman Mlinar and carried unanimously. (b) PETITION OF COMPLAINT REGARDING PROPERTY ON OAK STREET After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to refer the complaint to the Police Department. Motion unanimously carried. (c) OBJECTION TO SPECIFICATIONS FOR WASTEWATER TREATMENT PLANT PROJECT NOT INCLUDING USE OF PLASTIC PIPE Mr. William Nightingale, a representative of J & M Manufacturing, in- formed the Council that his company objected to the City not consider- ing the use of plastic pipe for the proposed wastewater treatment plant project. He had been in contact with both Mayor Ackland and the Dono- hue firm regarding this matter, but no satisfactory answer had been given for deleting the plastic pipe consideration. City Administrator Plotz reported he had written a letter to Mr. Ed Nevers of Donohue & Associates, but to date the City had not received a response on the matter. 7. RESOLUTIONS AND ORDINANCES None. 8. UNFINISHED BUSINESS 3 CITY COUNCIL MINUTES - JANUARY 27, 1987 (a) CONSIDERATION OF AUTHORIZING HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION AND ENERGY COUNCIL TO IMPLEMENT REVOLVING LOAN FUND (DEFERRED JANUARY 13, 1987) Mr. Art Cooper addressed the procedure to be used for implementation of the revolving loan fund, with a cap not to exceed $100,000. Following discussion, Alderman Torgerson moved to authorize the Hutchinson Com- munity Development Corporation and the Energy Council to implement the revolving loan fund. Motion seconded by Alderman Mlinar. Alderman Mikulecky amended the motion to drop the origination fee and set the interest rate at two percent. The amended motion died for lack of a second. Main motion carried unanimously. (b) CONSIDERATION OF POLICY ON GIFTS (DEFERRED JANUARY 13, 1987) Following discussion on the gift policy, the motion was made by Alder- man Mikulecky to take it under advisement and act on the policy in Feb- ruary 1987. Motion seconded by Alderman Mlinar and unanimously car- ried. (c) CONSIDERATION OF GRADE CLASSIFICATION REVIEW FOR PART-TIME POLICE DISPATCHERS (DEFERRED JANUARY 13, 1987) It was the legal opinion of City Attorney Anderson that the City Council had the authority and responsibility to determine compensation for relief dispatchers. After discussion, Alderman Torgerson moved to authorize the City Admin- istrator and Personnel Coordinator to review the part-time dispatcher classification and make any changes deemed appropriate and bring it back to the City Council. Motion seconded by Alderman Mlinar and car- ried unanimously. (d) CONSIDERATION OF AWARDING BID FOR MOTOR FUELS FOR CITY VEHICLES (DEFERRED JANUARY 21, 1987) Following discussion, the motion was made by Alderman Torgerson to award the bid to Hutchinson Co -Op as fuel supplier for regular, un- leaded, and diesel at $.025 over the base and to Albrecht Oil Co. to supply the wastewater treatment plant vehicles with unleaded ethanol gas at $.064 over the Kock fuel base price. Motion seconded by Alder- man Mikulecky and unanimously carried. (e) CONSIDERATION OF RECOMMENDATION TO REJECT BID FOR TRANSIT BUS AND AUTHORIZE STAFF TO SET NEW BID DATE (DEFERRED JANUARY 20, 1987) After discussion, Alderman Mlinar moved to reject the bid for a transit bus and set a new bid date. Alderman Torgerson seconded the motion and unanimously carried. 4 CITY COUNCIL MINUTES - JANUARY 27, 1987 RECESS: The City Council adjourned at 9:05 P.M. for a 10 -minute recess. 9. NEW BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY DICK GOEBEL OF GOEBEL FIXTURE COMPANY WITH FAVORABLE APPROVAL BY PLANNING COMMISSION Following discussion of the Planning Commission's contingencies for the permit, Alderman Torgerson moved to approve the conditional use per- mit and to waive reading and adopt Resolution No. 8457. Motion sec- onded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF LOT SPLIT ON BOULDER STREET WITH FAVORABLE APPROVAL BY PLANNING COMMISSION After discussion, the motion was made by Alderman Mikulecky to approve the lot split. Alderman Torgerson seconded the motion and unanimously carried. (c) CONSIDERATION OF WAGE ADJUSTMENT FOR HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION SECRETARY Following discussion, Alderman Mikulecky moved to reject the wage ad- justment for the CDC secretary since they are not City employees. Motion seconded by Alderman Torgerson and failed three to one, with Alderman Mikulecky voting aye. Alderman Torgerson moved that CDC be allowed to do with its budget as they see fit. Motion seconded by Alderman Mlinar and carried three to one, with Alderman Mikulecky voting nay. (d) CONSIDERATION OF WAGE ADJUSTMENT FOR TREASURER OF FIRE DEPARTMENT This item was removed from the agenda. (e) CONSIDERATION OF EXTENDING PAYMENT PERIOD FOR PAST WATER USAGE FOR MIDWEST TRAILER COURT AND DIRECT CITY ATTORNEY TO DRAW UP WRITTEN AGREEMENT Mayor Ackland reported that Mr. Sam Ulland had offered to pay $1,000 to- ward his delinquent water bill and Mr. Eldor Mathews offered payment of $1,100 toward said bill and to enter into an agreement for a monthly payment schedule on the balance owing. It was the consensus of the Council to accept the partial payment. Alderman Torgerson moved to authorize the City Attorney to draw up an agreement between the City, Mr. Sam Ulland and Mr. Eldor Mathews. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson to approve extension of the payment period. Alderman Mlinar seconded the motion and carried unani- mously. 5 CITY COUNCIL MINUTES - JANUARY 27, 1987 (f) CONSIDERATION OF ESTABLISHING A WORKSHOP/SPECIAL CITY COUNCIL MEETING ON 1987 GOALS AND OBJECTIVES Following discussion, Alderman Mlinar moved to set a workshop/special Council meeting for February 12 at 5:30 P.M. Motion seconded by Alder- man Torgerson and unanimously carried. (g) CONSIDERATION OF ASSESSMENT SEARCH FORM AND DELETING DISCLAIMER STATEMENT (REQUESTED BY ALDERMAN PAT MIKULECKY) City Attorney Anderson stated the City would still be liable in the event of an error even though the disclaimer statement appeared at the bottom of the assessment search form. He felt it was a policy question rather than a legal question. Following discussion, no action was taken. (h) CONSIDERATION OF WITHHOLDING 2.5 PERCENT PAY ADJUSTMENT FOR POLICE CHIEF UNTIL RESOLUTION OF STATUS OF CHARGES AGAINST POLICE CHIEF (REQUESTED BY MAYOR PAUL L. ACKLAND) Mayor Ackland commented that the Police Chief's pay increase should be withheld until the charges against him had been resolved. The payroll with the wage adjustments had not been issued yet, and to take away pay could be considered disciplinary action. The City Attorney stated he would look into the legal aspect of it. It was the consensus of the Council to continue tonight's meeting un- til tomorrow night, January 28, at 5:10 P.M. to vote on the issue. (i) CONSIDERATION OF LEAF COMPOSTING PROJECT AND RECOMMENDATIONS FROM HUTCHINSON SOLID WASTE MANAGEMENT COMMITTEE Chairman Mark Schnobrich presented two recommendations to the City Council regarding leaf composting, namely: 1) adopt a mandatory policy to separate leaves from regular garbage and have a regular pick-up schedule for the leaves; 2) consider requiring biodegradeable bags for leaves and grass clippings. It was decided that the Mayor and City Administrator would meet with Jim Junker to review his contract and discuss the project and the Solid Waste Management Committee would check into biodegradeable bags. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to defer to the second meeting in February. Motion unanimously car- ried. (j) CONSIDERATION OF REVIEW OF PROPOSALS FROM FINANCIAL CONSULTANTS This item was deferred to the continued meeting on January 28, 1987. CITY COUNCIL MINUTES - JANUARY 27, 1987 (k) CONSIDERATION OF PURCHASE OF ANESTHESIA MACHINE FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve the purchase. Motion seconded by Alderman Torgerson and unanimously carried. (1) CONSIDERATION OF PURCHASE OF LABORATORY EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve the purchase. Motion seconded by Alderman Torgerson and unanimously carried. (m) CONSIDERATION OF PAYMENT OF FORMER CITY ATTORNEY EXPENSES FROM $5,000 RETAINED FROM PARKVIEW PLAZA LTD. (REQUESTED BY JAMES SCHAEFER) City Administrator Plotz explained the $5,000 payment was the one per- cent deposit on $500,000 which was sent to the Department of Energy And Economic Development for the Parkview Plaza bond. The money was re- turned to the City when the project failed to go forward. The ap- praisal fee was paid by the City. Mr. Plotz stated the arrangement for legal services regarding the Parkview Plaza project was between Attor- ney James Schaefer and Frank Fay. Also, Mr. Fay has not paid the Dor- sey & Whitney law firm for their legal fees. City Attorney Anderson suggested contacting Mr. Fay for consent of the $5,000 being retained by the City to be used for partial or total pay- ment of outstanding bills against his development project. He stated that all legal bills are a private issue between the developer and the other party(s). Otherwise, the City would do nothing on the matter. Alderman Mlinar moved to authorize the City Administrator to contact Frank Fay for consent to pay a portion of the bills from the $5,000 or else it would remain status quo. Motion seconded by Alderman Mikulecky and carried unanimously. (n) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson to recommend discontinuation of service on Monday, February 2, 1987 at noon unless other arrange- ments had been made. Motion seconded .by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the various topics covered in his newsletter. He pointed out that the Police Department vehicle usage reports were distributed for Council review. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to authorize the City Administrator to inform the Police Chief and Police 7 CITY COUNCIL MINUTES - JANUARY 27, 1987 Investigator of the need to be more specific on mileage usage report. Motion unanimously carried. It was reported that a meeting was held on January 22 with the "review" appraiser on the airport appraisals. If requested by the Council, a second opinion could be provided by another MN/DOT appraiser. Then a reviewer would evaluate the two appraisals. After discussion, Alderman Mlinar moved to direct the City Administra- tor to obtain the cost of additional review appraisals for commercial property from MN/DOT and other sources. Motion seconded by Alderman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe reported the State was interested in a detour route for the Hwy. 15 South project. He then outlined their recommendation. Following discussion, Alderman Mikulecky moved to approve the detour as outlined by MN/DOT. Motion seconded by Alderman Torgerson and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT Alderman Mikulecky moved to adjourn the meeting at 10:40 P.M. until 5:10 P.M. on January 28, 1987. Motion seconded by Alderman Mlinar and carried unanimously. 8