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08-27-1985 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 27, 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Absent: Alderman Marlin Torgerson. 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 Gary Galchutt. 3. MINUTES The minutes of the regular meeting of August 13, 1985 and bid opening of August 12, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JULY 1985 2. PLANNING COMMISSION MINUTES DATED JULY 16, 1985 3. NURSING HOME BOARD MINUTES DATED JULY 25, 1985 4. PARKS & RECREATION BOARD MINUTES DATED JULY 10, 1985 5. TREE BOARD MINUTES DATED JULY 2, 1985 6. HOSPITAL BOARD MINUTES DATED JULY 16, 1985 Mayor Stearns ordered the minutes to be filed. (b) CONSIDERATION OF APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE 1. MCLEOD COUNTY HISTORICAL SOCIETY 2. T. L. SCALAWAGS The motion was made by Alderman Miinar, seconded by Alderman Carls, to approve the applications and issue dance permits. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 86-02 Mayor Stearns called the public hearing to order at 8:00 P.M. CITY COUNCIL MINUTES - AUGUST 27, 1985 Director of Engineering Priebe explained the improvements and assessed cost for project No. 86-02. The subdivision agreement for McDonald's Fifth and Sixth Addition stated assessment was to be on a per lot basis. Dave Dressel, 540 Lakeview Lane, commented that he purchased his house five years ago, and at that time he had done an assessment search for a street project. Since he was not previously aware of the existing agreement, he did not feel he owed the City anything. Only the prop- erty owners along Lakeview Lane were assessed when the street was put in, but now they were being asked to help pay for the other street. It was pointed out by City Administrator Plotz that it's the responsi- bility of the developer to file the subdivision agreement with the County. At the present time the City is filing the agreements to en- sure they are recorded. An unidentified man asked if new curb was included in the assessment. Engineer Priebe answered that new curb was only in the Clouse Addition, and it would be assessed this year. City Attorney Schaefer suggested the public hearing be continued and that the affected property owners meet to come up with a recommenda- tion to the Council on how to deal with the issue. Larry Smith, 530 Lakeview Lane, stated he was not aware of the sub- division agreement. Jody Rosenow, 560 Lakeview Lane, inquired about the assessment for a corner lot. Gail Gillard, 555 Jackson Street, pointed out that two homes facing McDonald's Drive had not paid into the assessment. She wondered if the assessments took into account that some property owners had already paid in for their street. The others had not paid anything for their street, but they had already been assessed for two projects. John Gillard, 555 Jackson Street, asked if the Council would be agree- able to a compromise if the neighbors could come up with a recommenda- tion. Alderman Carls moved to continue the hearing to the September 10, 1985 City Council meeting. Motion seconded by Alderman Mlinar and carried unanimously. (b) "ON SALE" INTOXICATING LIQUOR LICENSE FOR KEVIN LAMSON AT T.L. SCALAWAGS AND HUTCH BOWL Mayor Stearns called the hearing to order at 8:55 P.M. N CITY COUNCIL MINUTES - AUGUST 27, 1985 City Attorney Schaefer reported he had talked to the Liquor Control Board regarding the arrangement of the corporate management of Scala- wags and Hutch Bowl, and he had requested a written consent from the Board concerning this situation. Alderman Mlinar moved to close the hearing at 9:00 P.M. Motion sec- onded by Alderman Carls and carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve and issue an "On Sale" Intoxicating Liquor License to Kevin Lamson, contingent upon the City Attorney's requirements for operation of the establishment. Motion unanimously carried. RECESS: The City Council adjourned for a five minute recess. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY: 1. KLOCKMANN PROPERTY 2. GUTORMSON PROPERTY City Attorney Schaefer stated Mr. Gutormson had contacted him and was agreeable to having the work done. Mr. Klockmann appeared in court today, and he requested a jury trial. The City Attorney may declare it a misdemeanor. (b) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE FOR ANNUAL ARTS AND CRAFTS FESTIVAL SEPTEMBER 20-21, 1985 It was moved by Alderman Mikulecky, seconded by Alderman Carls, to approve the request. Motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR DIRECTOR OF ENGINEERING TO ATTEND MIDWEST ENGINEERS CONFERENCE AND EXPOSITION OCTOBER 9-10, 1985 The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the request for the conference in Minneapolis. Motion unani- mously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8099 - TRANSFERRING $142,273 FROM 1985 SPECIAL ASSESSMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES Alderman Mlinar moved to waive reading and adopt Resolution No. 8099. The motion was seconded by Alderman Carls and carried unanimously. 3 CITY COUNCIL MINUTES - AUGUST 27, 1985 (b) ORDINANCE NO. 13/85 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED PROPERTY OWNED BY AND ABUTTING UPON THE LIMITS OF THE CITY It was moved by Alderman Mlinar, seconded by Alderman Carls, to waive the first reading of Ordinance No. 13/85 and set the second reading for September 10, 1985. Motion unanimously carried. (c) RESOLUTION NO. 8101 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8101. Motion carried unani- mously. (d) RESOLUTION NO. 8103 - RESOLUTION FOR POLICE OFFICER Alderman Carls moved to waive reading and adopt Resolution No. 8103. The motion was seconded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REPORT BY CITY ENGINEER CONCERNING COUNTY DITCH 18 (DEFERRED AUGUST 13, 1985) City Attorney Schaefer reported on the procedure to allow the City to expend money outside the city limits. It was suggested by the Mayor that the work on the county ditch be included in a 1986 bond sale. No action was taken. (b) DISCUSSION OF CITY CHARTER AND APPOINTMENT OF CHARTER COMMISSION Discussion was given to the criteria of selecting members for appoint- ment to the Charter Commission. Since the actual appointments will be made by the Chief Justice of the District Court, it was agreed that each Council member would submit the names of four qualified members at the September 11 special Council meeting. It was moved by Alderman Mikulecky to defer this item to the special meeting on September 11, 1985. Motion seconded by Alderman Mlinar and carried unanimously. (c) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION FURNACE WARRANTY Architect John Korngiebel was unable to attend the meeting. It was moved by Alderman Carls, seconded by Alderman Mlinar, to defer until the September 10 Council meeting. Motion unanimously carried. (d) CONSIDERATION OF REAFFIRMING GVW TRUCK BID AWARDED TO PLOWMAN'S Following discussion, Alderman Mlinar moved to reaffirm awarding the bid for a GVW truck to Plowman's. Motion seconded by Alderman Carls and carried unanimously. 4 CITY COUNCIL MINUTES - AUGUST 27, 1985 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS It was moved by Alderman Carls to authorize discontinuation of service on September 3 at noon unless otherwise noted. Alderman Mlinar second- ed the motion, and it unanimously carried. (b) CONSIDERATION OF ENGINEER'S REPORT ON IMPROVEMENT FOR ADDITIONAL 1986 PROJECTS - PROJECT NO. 86-03 Director of Engineering Priebe reported on project No. 86-03. Alder- man Carls moved to approve the engineer's report, except for only a portion of the Civic Arena parking lot to be done, to set the public hearing for September 24, 1985 at 8:00 P.M., and to waive reading and adopt Resolution No. 8100. Motion seconded by Alderman Mlinar and car- ried unanimously. (c) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE TO AMEND DEVELOPMENT DISTRICT PROGRAM AND TAX INCREMENT FINANCING PLAN FOR REVOLVING LOAN FUND Following discussion, Alderman Mikulecky moved to defer action to the September 10 Council meeting and to include the proposal of the plan in the Resolution. Motion seconded by Alderman Mlinar. Aldermen Miku- lecky and Mlinar voted aye, and Alderman Carls and Mayor Stearns voted nay. The motion failed. The motion was made by Alderman Mlinar to note in the Resolution that copies of the plan would be available at City Hall, the Library, and the Community Development Corp. office, to set the public hearing for October 8, 1985 at 8:00 P.M., and to waive reading and adopt Resolu- tion No. 8102. Motion seconded by Alderman Carls and carried three to one, with Aldermen Carls, Mlinar and Mayor Stearns voting aye and Ald- erman Mikulecky voting nay. (d) CONSIDERATION OF FEDERAL REVENUE SHARING AUDIT BY CHARLES BAILLY & CO. After discussion, it was moved by Alderman Carls, seconded by Alderman Mikulecky, to approve the federal revenue sharing audit by Charles Bailly & Co. Alderman Mikulecky seconded the motion, and it carried unanimously. (e) CONSIDERATION OF PARTY WALL AGREEMENT BETWEEN CITY OF HUTCHINSON AND HUTCHINSON TECHNOLOGY INCORPORATED Following discussion, Alderman Mlinar moved agreement with Hutchinson Technology. Motion ulecky and unanimously carried. 5 to approve and enter into seconded by Alderman Mik- CITY COUNCIL MINUTES - AUGUST 27, 1985 (f) CONSIDERATION OF FINAL PLAT AND SUBDIVISION AGREEMENT FOR HASSAN HEIGHTS (WITHIN TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Mikulecky to approve the final plat for Hassan Heights and to authorize signing the subdi- vision agreement, noting that the subdivision agreement had been signed and will be recorded with the plat. Motion seconded by Alderman Mlinar. Alderman Carls amended the motion that in item No. 11 it state the instrument be recorded by the developer or subdivider. Amended motion seconded by Alderman Mlinar. After further discussion, Alder- man Carls amended the amendment that the City will record the subdi- vision agreement. Amended motion seconded by Alderman Mlinar and car- ried unanimously. Main motion unanimously carried. (g) CONSIDERATION OF VACATION OF EASEMENT AS PETITIONED BY PAT SPAUDE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to approve the vacation of easement and to waive the first reading of Ordinance No. 14/85 and set second reading September 10, 1985. Motion seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF VACATION OF STREET AS PETITIONED BY PURE CULTURE PRODUCTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Mlinar, seconded by Alder- man Carls, to approve the street vacation and to waive the first read- ing of Ordinance No. 15/85 and to set the second reading for Septem- ber 10, 1985. Motion unanimously carried. (i) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY GAIL PLAISANCE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Mlinar, to approve the variance and to waive read- ing and adopt Resolution No. 8104. Motion carried unanimously. (j) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF SHADY HAVEN PROPOSED BY RICHARD AND LINDA MARTIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES After discussion, Alderman Carls moved to approve the final plat for Shady Haven and to waive reading and adopt Resolution No. 8106. Mo- tion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY SUMIKO NELSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the variance and to waive reading and 0 CITY COUNCIL MINUTES - AUGUST 27, 1985 adopt Resolution No. 8105. Motion carried unanimously. (1) CONSIDERATION OF GEORGE HERBERT SKETCH PLAN (WITHIN TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Carls moved to approve the concept of the sketch plan to the County. Motion seconded by Alderman Mikulecky and unanimously carried. (m) CONSIDERATION OF CONDITIONAL USE PERMIT FOR RETAIL SALES IN B-1 HIGHWAY DISTRICT (WITHIN TWO MILE RADIUS) WITH NO OBJECTION FROM PLANNING COMMISSION Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Mlinar, to approve the conditional use permit to the County. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on a street light request for the east end of the Cold Storage building. The motion was made by Alder- man Mlinar, seconded by Alderman Mikulecky, to refer the street light request to the Utilities Commission. Motion unanimously carried. It was reported the engineering firm for the proposed wastewater treat- ment plant was meeting this week with City staff and the three affected Hutchinson companies. They will prepare a value engineering report on ways to save money on the plant construction. Reference was made to the City Attorney's memorandum regarding filing dates for Alderman and Mayor to run in the upcoming election. Administrator Plotz suggested the City Council and Township officials hold a joint meeting this fall to discuss the Orderly Annexation Agree- ment and other mutual topics. It was the consensus of the Council to establish a late October or early November meeting date. In conjunction with value engineering, the pretreatment for industry is involved. The primary problem is metals in the effluent. Therefore, it is necessary to do some sampling for metals at the water plant be- fore the September 24 public hearing. The estimated cost for sampling tests is $7,000 to $9,000. Alderman Carls moved to authorize the City Administrator to obtain a quote on metal sampling. Motion seconded by Alderman Mlinar and unanimously carried. City Administrator Plotz referred to John Bernhagen's correspondence regarding industrial revenue bonds entitlement and the one percent fee required to preserve the entire entitlement allocation, due by Septem- ber 1, 1985. Alderman Carls moved to authorize the City to preserve 7 CITY COUNCIL MINUTES - AUGUST 27, 1985 its entitlement allocations in the amount of $25,124 (1%), which would be refundable to the City. Motion seconded by Alderman Mlinar and car- ried unanimously. It was reported that Larry Bethke had submitted the Resolution for final approval of his industrial revenue bond. The interest rate would be determined at the time of the closing in late September or early October. It was moved by Alderman Mikulecky to waive reading and adopt Resolution No. 8107 for the Bethke project. Motion seconded by Alderman Mlinar and unanimously carried. Mr. Michael Wilhelmson submitted a letter stating he was willing to re- lease his industrial revenue bond allocation for the Americ Inn expan- sion project and that the City consider refunding his $1,000 deposit fee and $850 auditor's fee. Discussion was given to refunding the fees collected on the application. The motion was made by Alderman Carls, seconded by Alderman Mikulecky, not to refund the money to Mr. Michael Wilhelmson. Motion carried unanimously. City Administrator Plotz stated the insurance consultant, Dwight Tange, had recommended a 60 day extension on general liability insurance and the health insurance include the hospital aware program. Following discussion, Alderman Carls moved to adopt the recommendation of the in- surance consultant for extension and the hospital aware program. The motion was seconded by Alderman Mlinar and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the date when the street overlay project would begin. The City Engineer reported that inclement weather had de- layed the project, but it was scheduled to begin next week. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, 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 10:40 P.M. D