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05-14-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 14, 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, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend David Natwick. 3. MINUTES Following discussion, the motion was made by Alderman Mikulecky to ap- prove the minutes of the bid openings of April 18, 1985, April 22, 1985, April 30, 1985, and May 8, 1985 and the regular meeting of April 23, 1985 with the addition of the items listed in Alderman Mikulecky's memorandum. There was no second to the motion, and it failed. Alderman Torgerson moved to approve the minutes of the bid openings of April 18, 1985, April 22, 1985, April 30, 1985 and May 8, 1985 and the regular meeting of April 23, 1985 as distributed. The motion was sec- onded by Alderman Mlinar and carried four to one, with Alderman Miku- lecky voting nay. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1985 2. LIBRARY BOARD MINUTES DATED APRIL 23 AND APRIL 30, 1985 3. NURSING HOME BOARD MINUTES DATED MARCH 28, 1985 4. PARK & RECREATION BOARD MINUTES DATED APRIL 3, 1985 5. TREE BOARD MINUTES DATED APRIL 3, 1985 Mayor Stearns ordered the report and minutes to be filed. (b) RESOLUTION NO. 8038 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8038. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. 1 CITY COUNCIL MINUTES MAY 14, 1985 (a) CONSIDERATION OF "ON SALE" INTOXICATING LIQUOR LICENSE FOR LARRY BETHKE AT VICTORIAN INN The public hearing was called to order at 8:00 P.M. by Mayor Stearns. No one was present to object to the issuance of an "on sale" in- toxicating liquor license to Larry Bethke. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to close the hear- ing at 8:02 P.M. Motion unanimously carried. Alderman Carls moved to approve and issue an "on sale" intoxicating liquor license to Larry Bethke. The motion was seconded by Alder- man Mlinar and carried unanimously. (b) BUDGET HEARING OF FEDERAL REVENUE SHARING The budget hearing was called to order by Mayor Stearns at 8:03 P.M. City Administrator Plotz commented on the proposed federal revenue sharing expenditures. The motion was made by Alderman Mlinar to close the hearing at 8:04 P.M. Alderman Mikulecky seconded the motion, and it unanimously carried. It was moved by Alderman Torgerson to approve the federal revenue sharing budget and to waive reading and adopt Resolution No. 8039. The motion was seconded by Alderman Mikulecky and carried unani- mously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR CITY ADMINISTRATOR TO ATTEND ANNUAL MANAGERS AND ADMINISTRATORS CONFERENCE MAY 15-17, 1985 Alderman Mlinar moved to approve the request. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF REQUEST FOR TRANSIT COORDINATOR TO ATTEND SPRING PUBLIC TRANSIT CONFERENCE JUNE 6-7, 1985 It was moved by Alderman Carls, seconded by Alderman Torgerson, to approve the request. Motion carried unanimously. (c) UPDATE BY CITY ADMINISTRATOR ON MN/DOT MEETING REGARDING AIRPORT APPRAISALS City Administrator Plotz reported on the May 9 meeting with MN/DOT representative regarding airport appraisals. The City was required to provide a "certified survey"; however, the engineering depart - 2 CITY COUNCIL MINUTES MAY 14, 1985 ment could not conduct the survey at this time. After discussion, Alderman Carls made the motion to authorize the City Administrator to obtain a price estimate on the cost of sur- veying the airport property and to report at the next City Council meeting. Motion seconded by Alderman Mlinar and unanimously car- ried. (d) CONSIDERATION OF REQUEST FOR MUSICAL GROUP TO PLAY IN WEST RIVER PARK (SHELTER B) DURING SENIOR CLASS PARTY JUNE 2, 1985 Following discussion, Alderman Torgerson moved to approve the re- quest. Alderman Mlinar seconded the motion. Alderman Carls amend- ed the motion that there be adult supervision consisting of at least two parents present at the gathering. The amended motion was seconded by Alderman Torgerson and unanimously carried. The main motion carried unanimously. (e) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE JUNE 4-6, 1985 FOR AMERICAN CANCER SOCIETY FUND RAISING PROJECT This item was withdrawn from the agenda. (f) PETITION FROM NEIGHBORS REQUESTING CLEAN-UP OF PROPERTY City Attorney Schaefer explained the legal procedure for handling complaints of this nature. Following discussion, Alderman Mlinar moved to refer the petition to the City Attorney. Motion seconded by Alderman Torgerson. The motion was amended by Alderman Carls to request immediate action and a report from the City Attorney at the next Council meeting, and all ensuing meetings until the problem has been resolved. Alderman Torgerson seconded the amended motion, and it unanimously carried. The main motion carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 7/85 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOT 11, BLOCK 3, SELCHOW- JORGENSON SUBDIVISION TO THE CITY OF HUTCHINSON It was moved by Alderman Carls, seconded by Alderman Torgerson, to waive the first reading and set the second reading of Ordinance No. 7/85 for May 28, 1985. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REPORT BY CITY ATTORNEY ON EASEMENT FROM ARTHUR BENJAMIN City Attorney Schaefer commented on the material provided to the 3 CITY COUNCIL MIUTES MAY 14, 1985 Council members regarding the status of the ongoing easement issue. Following discussion, Arthur Benjamin, Jr. stated he would prepare a draft easement and present it to the City Attorney this week. (b) CONSIDERATION OF COUNCIL APPROVAL FOR SALE OF PARCEL B PROPERTY ON LEWIS AVENUE ACCORDING TO CITY SUBDIVISION ORDINANCE (DEFERRED APRIL 23, 1985) After lengthy discussion, Alderman Mikulecky moved to approve the sale of Parcel B property on Lewis Avenue and to order the prepar- ation of a Resolution. Alderman Torgerson seconded the motion, and it carried four to one, with Alderman Mlinar voting nay. (c) CONSIDERATION OF AWARDING BID FOR 1985 STREET DEPARTMENT MAINTENANCE MATERIALS (DEFERRED MAY 8, 1985) Following discussion, the motion was made by Alderman Mikulecky, seconded by Alderman Carls, to approve and award the bid to Koch Asphalt Co. for $1.0385 per gallon. Motion unanimously carried. (d) CONSIDERATION OF RELOCATING TRANSFORMER ON WIGEN PARKING LOT It was reported that the estimated cost would be $744 to relocate the transformer on the Wigen parking lot. Following discussion, Alderman Carls moved to direct the Mayor to carry out negotiations with the Utilities Commission to resolve the Wigen parking lot problem. Motion seconded by Alderman Torgerson and unanimously carried. Alderman Torgerson made the motion to approve the relocation of the transformer on the Wigen parking lot. The motion was seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF STREET RESURFACING FOR PROJECT NO. 85-01-24 City Engineer Priebe reported on the costs for project No. 85-01- 24. After discussion, Alderman Mlinar moved that the City assess the property owner $3.00 per front foot and the City absorb $2.38 per front foot for project No. 85-01-24. Alderman Torgerson sec- onded the motion, and it carried four to one, with Alderman Miku- lecky voting nay. (f) CONSIDERATION OF SIGN COMPLIANCE FOR CAMEO CLEANERS It was reported the Planning Commission will be addressing this is- sue at their May 21 meeting. Following discussion, the motion was made by Alderman Carls to refer the sign compliance problem to the City Attorney with the contingency that he will report back to the Council at the next meeting and all ensuing meetings until the problem has been resolved. Alderman Torgerson seconded the motion, and it carried unanimously. T CITY COUNCIL MINUTES MAY 14, 1985 (g) CONSIDERATION OF STATUS REPORT BY CITY ATTORNEY ON GUTORMSON PROPERTY COMPLAINT City Attorney Schaefer presented a status report on the complaint against the Gutormson property. He stated the property owner had assured him the old shed would be removed within two weeks. A fol- low up report will be presented at the May 28 Council meeting. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR WINE LICENSE BY BRUCE SANTELMAN FOR COUNTRY KITCHEN The motion was made by Alderman Mlinar to set the wine license pub- lic hearing for May 28, 1985 at 8:00 P.M. Alderman Torgerson sec- onded the motion, and it unanimously carried. (b) CONSIDERATION OF AUTHORIZATION TO PROCEED ON CITY PARKING LOTS FORMERLY KNOWN AS WIGEN PROPERTY AND PLOWMAN PROPERTY City Engineer Priebe and Architect John Korngiebel presented the proposed plans for the layout of the Wigen and Plowman parking lots. It was reported there will be a transformer on the Plowman parking lot also. A negotiation meeting will be held with First State Federal Savings & Loan regarding parking for their new build- ing. City Engineer Priebe was directed to meet with the property owners prior to commencing work on the parking lots. No action was taken. (c) CONSIDERATION OF CONTINUED MEMBERSHIP WITH COALITION OF OUTSTATE CITIES City Administrator Plotz presented a report on membership benefits of the Coalition of Outstate Cities. Following discussion, Alder- man Mlinar moved that the City of Hutchinson pay its assessment fee. Motion seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF TIMEFRAME FOR 1986 IMPROVEMENT PROJECTS Following discussion, Alderman Carls made the motion to approve the schedule on 1986 improvement projects. Alderman Mikulecky seconded the motion, and it unanimously carried. (e) CONSIDERATION OF CONCEPT OF RETURNING A PORTION OF FUTURE TAX INCREMENTS PAYABLE TO VARIOUS GOVERNMENTAL JURISDICTIONS AND REVIEW OF FUTURE INCREMENTS ON ANNUAL BASIS THEREAFTER After a report by City Administrator Plotz on the concept of re- turning a portion of future tax increments payable to the various governmental jurisdictions, it was moved by Alderman Mlinar to 5 CITY COUNCIL MINUTES MAY 14, 1985 refer the item to the City Attorney and Bond Counsel. Motion seconded by Alderman Torgerson and carried unanimously. (f) CONSIDERATION OF LIBRARY BOARD RECOMMENDATION TO APPROVE CHANGE ORDER NO. 1 FOR LIBRARY ADDITION PROJECT Following discussion, the motion was made by Alderman Mlinar, sec- onded by Alderman Torgerson, to approve Change Order No. 1 for the Library Addition project. Motion unanimously carried. (g) CONSIDERATION OF AUTHORIZING MASTER PLAN FOR DEVELOPMENT OF PROPERTIES KNOWN AS SATTERLEE PIT, BOLDT PROPERTY, KADELBACH PROPERTY AND PRESENT CITY STREET GARAGE SITE TO BE PREPARED BY CITY ENGINEER, DIRECTOR OF MAINTENANCE OPERATIONS AND SITES AND BUILDING COMMITTEE OF COMMUNITY DEVELOPMENT CORPORATION Preceded by comments from the City Administrator on the Master Plan, the motion was made by Alderman Torgerson to authorize the City Ad- ministrator to proceed with the Master Plan. The motion was sec- onded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF REQUEST FOR TAXI CAB LICENSE BY THOMAS CLABO After discussion, Alderman Mlinar moved to approve the request and to issue a taxi cab license to Thomas Clabo. Alderman Torgerson seconded the motion. The motion was amended by Alderman Carls to request that a copy of Mr. Clabo's insurance policy be submitted before issuing the license. The amended motion was seconded by Alderman Torgerson and carried unanimously. The main motion unan- imously carried. (i) CONSIDERATION OF SETTING DATE FOR OPENING BIDS ON 1985 GENERAL OBLIGATION IMPROVEMENT BONDS, 1985 GENERAL OBLIGATION TAX INCREMENT BONDS AND 1985 SEWER REVENUE GENERAL OBLIGATION BONDS Financial Consultant Bill Fahey presented an amended Resolution for the bond sale and reviewed the revised amounts. Following discus- sion, Alderman Carls made the motion to approve the changes and to open bids on June 11, 1985 at 10:30 A.M., and to waive reading and adopt Resolution No. 8040 as amended. Alderman Mlinar seconded the motion, and it carried unanimously. (j) CONSIDERATION OF ASSESSMENT HEARING FOR IMPROVEMENT PROJECT NO. 85-01-38, LETTING NO. 10 After discussion, it was moved by Alderman Torgerson, seconded by Alderman Carls, to approve Assessment Roll No. 204 and to set a public hearing June 11, 1985 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8036 and No. 8037. Motion unanimously carried. N CITY COUNCIL MINUTES MAY 14, 1985 (k) CONSIDERATION OF ISSUING UNIFORM ALLOWANCE FOR POLICE DISPATCHERS AND SECRETARY The motion was made by Alderman Carls to approve the issuance of the uniform allowance. Alderman Mlinar seconded the motion, and it carried unanimously. (1) CONSIDERATION OF ASSESSMENT HEARING FOR IMPROVEMENT PROJECT NO. 85-01-36 (CARLISLE STREET), LETTING NO. 9 Following discussion, Alderman Carls moved to approve Assessment Roll No. 203 and set public hearing June 11, 1985 at 8:00 P.M. and to waive readings and adopt Resolutions No. 8034 and No. 8035. Alderman Mlinar seconded the motion, and it unanimously carried. (m) CONSIDERATION OF REQUEST BY T. L. SCALAWAGS TO CHANGE LOCATION FOR INTOXICATING LIQUOR LICENSE Mr. Gary Miller reported that one of the reasons for relocating was the need for additional parking space. Also, the old bowling alley building would enable food service during the entertainment and the expansion of the menu. It was the owners' intention to provide a variety of entertainment with big bands and possibly teen dances. After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Mikulecky, to approve the relocation of T. L. Scalawag's liq- uor license. Motion carried unanimously. Mayor Stearns directed Mr. Miller and Mr. Tom Dolder to submit a letter to the City explaining the type of operation that will be in the new location. (n) CONSIDERATION OF COMPLAINT REGARDING PUBLIC NUISANCE PROPERTY It was moved by Alderman Carls to defer this item until the next City Council meeting. The motion was seconded by Alderman Mlinar and unanimously carried. (o) CONSIDERATION OF REQUEST TO PURCHASE TWO COPY MACHINES The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the purchase of two copy machines. Motion carried unan- imously. (p) CONSIDERATION OF REQUEST BY CITIZENS BANK TO CLOSE ALLEY FROM 10:00 A.M. TO 4:00 P.M. ON JUNE 1, 1985 Following discussion, Alderman Mlinar moved to approve the bank's request. Motion seconded by Alderman Carls and unanimously car- ried. 7 CITY COUNCIL MINUTES MAY 14, 1985 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Hospital Board had been ap- proached by a developer about developing land next to the hospital. The Council members were reminded of two upcoming meetings, namely the May 20 joint meeting between the City Council and County Board and the May 22 Board of Review with Junker Sanitation. It was reported that the Recreation Director had requested an ex- tension to May 20 to notify the City of his employment intentions. Alderman Carls suggested that the Council might want to review this position. (b) COMMUNICATIONS FROM MICHAEL BARNES Mr. Michael Barnes appeared before the Council to inquire about the rules and regulations for a storm sewer in a trailer court. He stated he lived in Country Club Terrace, and there was no provision for tenants to find shelter during a storm. Mr. Barnes had dis- cussed this issue with the owner of the court and the Civil Defense Director and had received no satisfactory answer. Following discussion, Mayor Stearns directed the City Attorney, Planning Commission, and City staff to research the issue, with a formal report from the City Attorney at the next Council meeting. (c) COMMUNICATIONS FROM MAYOR STEARNS Mayor Stearns suggested the aldermen notify the City Administrator of their vacation plans to ensure a quorum at Council meetings dur- ing the summer months. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented he had received a proposal to have an additive put on the outside of the liquor store siding. This item will be placed on the May 28 Council agenda. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported he had received a letter of pro- posed settlement concerning the lawsuit of Harald Hendricksen vs. the City of Hutchinson and the airport mechanic. Mr. Hendricksen was willing to release the City of Hutchinson and Jim Weckman for a settlement payment of $5,000. It was the recommendation of the City Attorney to offer the plaintiff $500 for release since he did not have a just claim against the City and airport mechanic. The D CITY COUNCIL MINUTES MAY 14, 1985 payment would not indicate any liability on the City's part. After discussion, Alderman Torgerson moved to authorize the City Attorney to negotiate a $500 settlement with Harald Hendricksen. The motion was seconded by Alderman Mlinar and failed three to two, with Aldermen Carls, Torgerson and Mayor Stearns voting nay and Aldermen Mikulecky and Mlinar voting aye. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Priebe commented on the recent railroad meeting. He stated some small business loans might be available for the Rail- road Association if they are able to reach an agreement with the Burlington Northern. However, the business loan would require a Resolution through the Council in order to make fund application. Additional details will be obtained regarding the inter -connect line. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Tor- gerson, to approve the claims and authorize payment from the appro- priate funds. The motion carried, with Alderman Mikulecky voting nay based on the $1,500 payment to John Bernhagen. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:08 P.M. 0