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03-26-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 26, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing were present: Alderman Mike Carls, Alderman John Mlinar, Alder- man Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz and City At- torney James H. Schaefer. 2. INVOCATION The invocation was given by the Reverend Darrel Thalmann. 3. MINUTES The minutes of the regular meeting of March 12, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS I. FINANCIAL REPORT OF FEBRUARY 1985 AND PRELIMINARY 1984 FINANCIAL REPORT 2. PLANNING COMMISSION MINUTES DATED FEBRUARY 18, 1985 3. LIBRARY BOARD MINUTES DATED MARCH 7, 1985 4. HOSPITAL BOARD MINUTES DATED JANUARY 14 & 29, 1985; FEBRUARY 11 & 19, 1985 Mayor Stearns ordered the report and minutes to be filed. 5. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF F & T JOINT VENTURE (FRANK FAY HOTEL PROJECT) (CONTINUED HEARING FROM FEBRUARY 26, 1985) The public hearing was called to order at 8:00 P.M. by Mayor Stearns. City Administrator Plotz explained the public hearing procedure for the three separate issues on the hotel project. It was reported that Jim Trucker had been dropped from the project. 1. HOUSING REVENUE BONDS AND HOUSING PLAN Developer Frank Fay reported that 20 percent of the lower level of the building had been rented. The present tenants will not relo- cate during rehabilitation of the upper level. Alderman Mikulecky read a letter submitted by James G. De Meyer in which he raised numerous questions regarding the proposed project. 1 r5d COUNCIL MINUTES MARCH 26, 1985 Mr. DeMeyer objected to having the HRA manage the proposed housing units. It was moved by Alderman Carls to close the hearing at 8:22 P.M. The motion was seconded by Alderman Mlinar and unanimously carried. Alderman Carls made the motion to approve the Housing Plan and waive reading and adopt Resolution No. 8007. Alderman Torgerson seconded the motion, and it carried four to one, with Aldermen Carls, Mlinar, Torgerson, and Mayor Stearns voting aye and Alderman Mikulecky voting nay. The motion was made by Alderman Carls, seconded by Alderman Torger- son, to schedule a new public hearing April 23, 1985 at 8:00 P.M. for the Housing Revenue Bonds and to waive reading and adopt Reso- lution No. 8008. Motion carried unanimously. 2. INDUSTRIAL REVENUE BONDS Mayor Stearns opened the hearing at 8:29 P.M. Mr. James G. DeMeyer submitted a letter in which he stated his ob- jections to the use of industrial revenue bonds for this project. Alderman Mlinar moved to close the hearing at 8:30 P.M. Motion seconded by Alderman Torgerson and unanimously carried. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to schedule a new public hearing April 23, 1985 at 8:00 P.M. for In- dustrial Revenue Bonds and to waive reading and adopt Resolution No. 8009. Motion unanimously carried. 3. TAX INCREMENT FINANCING The hearing was opened at 8:31 P.M. by Mayor Stearns. Mr. James G. DeMeyer, in his letter, stated his objection to the provision of tax increment financing or the leasing of any city parking facilities for this project. The motion was made by Alderman Torgerson to close the hearing. Motion seconded by Alderman Mlinar. The motion was amended by Ald- erman Torgerson to continue the hearing to April 23, 1985 at 8:00 P.M. The amended motion was seconded by Alderman Mlinar and car- ried unanimously. The motion unanimously carried. City Administrator Plotz reported the County Commissioners took a neutral stand on the amendment of the tax increment financing as presented at their March 26 meeting. 2 If COUNCIL MINUTES MARCH 26, 1985 Alderman Carls requested Frank Fay to have a complete project re- port for the April 23 public hearing. (b) CONSIDERATION OF IMPROVEMENT PROJECT NO. 85-01-38 The public hearing was called to order at 8:40 P.M. by Mayor Stearns. There was no one present to be heard on project No. 85-01-38. It was moved by Alderman Mlinar to close the hearing at 8:41 P.M. The motion was seconded by Alderman Carls and unanimously carried. Alderman Torgerson moved to approve preparation of plans and spe- cifications for project No. 85-01-38 and to waive reading and adopt Resolution No. 8010. Alderman Mikulecky seconded the motion, and it carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO HOLD EASTER EGG HUNT IN LIBRARY PARK The request was withdrawn from the agenda. (b) PRESENTATION BY CHUCK BARGER OF RCM REGARDING REHABILITATION OF WATER PLANT RESERVOIR AND AUTHORIZATION TO SET BID OPENING Mr. Charles Barger of RCM presented a report on the rehabilitation of the water plant reservoir and requested authorization to adver- tise for bids on the repair work. Following discussion, Alderman Torgerson moved to approve the re- pairs and authorized advertising for bids to be opened April 18, 1985 at 2:00 P.M. The motion was seconded by Alderman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 5/85 - ORDINANCE AMENDING SECTION 4.25 OF THE SUBDI- VISION ORDINANCE NO. 466 OF THE CITY OF HUTCHINSON, ENTITLED FINAL PLAT PROCEDURE After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Carls, to waive the second reading and adopt Ordinance No. 713. Motion carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ESTABLISHING DATE FOR LOCAL BOARD OF REVIEW MEETING (DEFERRED MARCH 12, 1985) 3 1 COUNCIL MINUTES MARCH 26, 1985 The motion was made by Alderman Carls to approve the date of June 3, 1985 at 10:00 A.M. for the local Board of Review meeting. Mo- tion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF BIDS FOR PROJECT NO. 85-01-25 (DEFERRED FEBRUARY 12, 1985) Following discussion, Alderman Carls moved to award the bid to Jun- cewski Masonry in the amount of $53,110 in accordance to the stipu- lations provided by staff, and to waive reading and adopt Resolu- tion No. 8006. Alderman Mlinar seconded the motion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to authorize discontinuation of service at noon on April 1, 1985 unless other arrangements had been made. Mo- tion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF FORMING A BUILDING COMMITTEE FOR POLICE DEPARTMENT CONSTRUCTION PROJECT After discussion, Alderman Carls moved to approve the establishment of a Police Department Construction Project Committee. The motion was seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF ESTABLISHING FIRST TUESDAY OF EVERY MONTH FOR SPECIAL SESSION OF CITY COUNCIL Following discussion, it was moved by Alderman Mlinar that the City Council establish the first Tuesday of every month for a special session of the City Council, when needed, starting the first Tues- day of May at 7:00 P.M. Alderman Torgerson seconded the motion, and it unanimously carried. (d) CONSIDERATION OF THREE-YEAR PLAN FOR TENNIS COURT MAINTENANCE After discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve the first year repair proposal of $3,932, to come out of the contingency fund. The motion carried, with Alderman Carls abstaining from voting. (e) CONSIDERATION OF REQUEST FOR "NO PARKING" SIGNS BETWEEN MERRILL STREET AND HIGHWAY 15 SOUTH ON SOUTH GRADE ROAD Following discussion, Alderman Mikulecky moved to have "No Parking" on the south side of South Grade Road from Highway 15 to "No Park- ing" signs on the west and on the opposite side of the street west of the Fitness Center. Motion seconded by Alderman Torgerson. The 4 COUNCIL MINUTES MARCH 26, 1985 motion failed four to one, with Aldermen Carls, Mlinar, Torgerson and Mayor Stearns voting nay and Alderman Mikulecky voting aye. It was moved by Alderman Mlinar to paint the curb yellow adjacent to the De Meyer Realty driveway as recommended by the Police Chief. The motion was seconded by Alderman Carls and unanimously carried. (f) CONSIDERATION OF VARIANCE AS REQUESTED BY HAROLD JUUL WITH UNFAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to reject the variance request based upon the recommendation of the Planning Commission. Motion unanimously car- ried. (g) CONSIDERATION OF REDUCING CITY REQUIREMENTS FOR INTOXICATING LIQUOR LIABILITY INSURANCE City Administrator Plotz presented background information on the city's requirements for intoxicating liquor liability insurance. At the present time the city's requirements are higher than the State. Following discussion, it was moved by Alderman Mikulecky to have the City Attorney draft the necessary document to amend the city's ordinance to comply with State Statutes on intoxicating liquor lia- bility insurance. Motion seconded by Alderman Torgerson and car- ried unanimously. (h) CONSIDERATION OF APPLICATIONS FOR INTOXICATING LIQUOR LICENSES: 1. T. L. SCALAWAGS 2. LEBISTRO CAFE 3. VELVET COACH 4. O'TO0LE'S PUB 5. GOLD COIN CHINESE RESTAURANT It was moved by Alderman Torgerson, seconded by Alderman Carls, to approve the applications and issue licenses. Motion unanimously carried. (i) CONSIDERATION OF APPLICATIONS FOR CLUB INTOXICATING LIQUOR LICENSES: 1. AMERICAN LEGION POST 496 2. V.F.W. POST #906 3. HUTCHINSON ELKS LODGE #2427 4. CROW RIVER COUNTRY CLUB The motion was made by Alderman Mikulecky to approve the applica- 5 COUNCIL MINUTES MARCH 26, 1985 tions and issue licenses. Motion seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF REPLACEMENT FOR TWO MOTOR POOL VEHICLES Following discussion, Alderman Mikulecky moved to write specifica- tions and advertise for bids for replacement of the front-end loader and two -ton dump truck with plow and sander. The motion was seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF GROUP HEALTH SELF-INSURANCE FOR CITY ENTITIES City Administrator Plotz reported on the group health self-insur- ance program and that the cost would be $648 for Phase I. After discussion, the motion was made by Alderman Carls, seconded by Mlinar, to approve entering into Phase I. Motion carried unan- imously. (1) CONSIDERATION OF REQUEST FOR PURCHASE OF DATA PROCESSING EQUIPMENT AND POLICE/RECREATION MODULES Following discussion, it was moved by Alderman Carls to approve the purchases. Alderman Mikulecky seconded the motion, and it carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the March 21 meeting with the Minnesota Pollution Control Agency regarding the city's proposed wastewater treatment plant. The payment for Phase I should be re- ceived between September 1985 and January 1986. He further re- ported the State was requiring filters in the plant design; how- ever they could be deleted if federal funding was received. A meeting with the management of Hercules Corp. (Pure Culture Prod- ucts) to discuss the pre-treatment contract was scheduled for April 3, 1985. Mr. Plotz commented that CED needs aerial photos of the proposed site for the wastewater treatment plant. He would ask Markhurd to do the photography. The appraisals on the proposed site have not been received yet. The bids for the recreation facility were to be opened April 4; however, Korngiebel Architects had requested a date change to April 16 at 2:00 P.M. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the bid opening date of April 16 at 2:00 P.M. for the recreation facility. Motion carried unanimously. 1.1 r COUNCIL MINUTES MARCH 26, 1985 City Administrator Plotz commented on several other items contained in the Council packet. He stated that Senator John Bernhagen was working on the problem with the tax increment line on the tax statement. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson asked if the one-way alleys could be changed. He had received a phone call from a businessman who has a parking lot on the end, and the customers are ignoring the one-way sign. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired when RCM would complete Phase I of the wastewater treatment plant project. He was informed that CED was not waiting on RCM and that everything necessary had been com- pleted. The plan had been submitted but not accepted to date. Alderman Mikulecky reported he had received calls from residents regarding streets dug up for water or sewer line repair and not restored to their original condition. It was suggested that per- haps the city needed a policy that if underground work was done, the street would be restored to its original condition. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. 7