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04-12-1988 CCMM I MUTES REGULAR MEETING - HUTC:HINSON CITY COUNCIL TUESDAY, APRIL 12, 1988 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 and City Attorney G. Barry Anderson, 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of March 22, 1988, special meeting of March 28, 1988, and bid openings of March 18, 1988, March 25, 1988, April 1, 1988 and April 5, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MARCH 1988 2. NURSING HOME BOARD MINUTES OF FEBRUARY 25, 1988 3. HRA MINUTES OF FEBRUARY 24, 1988 4. PARK & RECREATION BOARD MINUTES OF MARCH 2, 1988 5, TREE BOARD MINUTES OF MARCH 2, 1988 (b) REQUEST FOR REDUCED REFUSE CHARGE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the report and minutes filed and approve the reduced rate. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 6 - PROJECT N0, 88-04 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3824. Mr. Arnold Nass, 1575 McDonald Drive, asked if the City would start on the east or west side when the project was begun. City Engineer stated no decision had been reached. Mr. Nass questioned if the property owners would have to pay for water and sewer again. Mr. Raymond Otto, 75 10th Avenue N.E., commented there had been a meet- ing regarding this project before, and the Council had decided not to do it. He wondered why it was back on the agenda. Mayor Ackland reported there was a petition for the project, and it was CITY COUNCIL MINUTES - APRIL 12, 198 in conformance with the subdivision agreement to be blacktopped. Mr. Otto stated hehad seen in the paper that the project was going to be done. He asked if project 88-04 could be deferred until the other project was done to keep from breaking up the pavement. Mr. Rick Peterson, 1565 McDonald Drive, was concerned about heavy equipment going through McDonald Drive to work on the lots in that area. He asked how thick the blacktop would be put on in comparison to a heavily traveled road. Also, he questioned what kind of damage the the heavy equipment would do. Engineer Anderson stated the blacktop would be standard thickness, and it would be based on traffic and soils to determine the thickness. During the summer months there should be no damage done by the heavy equipment. Mr. Steve Straumann, 595 Roberts Road, remarked that this was the sec- ond time he had come to a meeting on this project. He stated there was exposed gravel right in front of his property. He asked if it would be patched or repaired. He suggested the work could be done when the equipment was in the area. Engineer Anderson thought it was a temporary pavement on Roberts Road; therefore, a patch job of seal coat could be done. For the record, the Mayor read the petition signed by seven property owners who requested the project. Alderman Torgerson moved to close the hearing at 8:10 F.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to approve project No. 88-04, order plans and specifications, and waive reading and adopt Resolution No. 8759. Mo- tion seconded by Alderman Mlinar and unanimously carried. tb> PROJECT NO. 88-30 - FLORIDA STREET IMPROVEMENT Mayor Ackland called the hearing to order and read Publication No. 3823, Mr. Bob Lenz, 168 Florida, stated that originally there was a driveway down to his garage. There are no public drive-throughs; therefore, he saw no reason for the improvement. Mr. Jeff Munsell, commented he had property on the east side of Flori- da Street. He had a lot of expense for nothing at this point. A gentleman representing the owner of a four-plex stated that if the property owner planned to put a multiple -dwelling behind the car wash, he would want a street so that it would not be landlocked. He would n G CITY COUNCIL MINUTES - APRIL 12, 1988 not be able to use the road ire the future unless it was widened now. Alderman Torgerson moved to close the hearing at 8:16 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. Mayor Ackland questioned how much of the property could be assessed. The City Engineer reported that approximately 50 percent could be assessed to the property on the east. The Mayor then questioned the benefit of a cul-de-sac to the property owners on the east. The City Attorney stated most developers prefer a cul-de-sac. Following discussion, the Mayor suggested tabling the project until after the Planning Commission meeting on April 19 to see the outcome for the car wash issue. Alderman Mlinar moved to defer to the next regular, Council meeting. Motion seconded by Alderman Torgerson and unanimously carried. (c) ASSESSMENT ROLL NO. 237 - LETTING NO. 1, PROJECT NO. 88-25 Mayor Ackland called the hearing to order and read Publication No. 3825, Ms. Judy Kopesky, Rt. 4, asked about the need for the assessment. She wondered what would happen if' the project did not go through. Mayor Ackland explained the need for the utility upgrade and that the Hwy. 15 improvement tied in with this project. The City Engineer reported that the water lines were about 50 years old in this area, and there were numerous places where the pipe is cracked and joint problems. It would be costly to replace the pavement at a later time. The City would be assessing the service and not the water and sewer main. Atty. Bill Haas, 505 South Main, stated he also represented his son who lives in the 400 block of Main Street. He questioned why it was cost- ing him so much for a service that presently works. It would be an upgrade service that he will be assessed for. He commented he owned two and one-half lots and would be assessed on front footage. Atty. Haas remarked the benefit was measured by fair market value of the property assessed. He wondered if any consideration had been given to that question. The City would be repairing a service he already had, and he didn't see how his property value would be increased. Atty. Haas submitted two objections to the assessment, one for himself and one for his son, Bill Haas, 415 Main Street South. City Attorney Anderson stated the increase in fair market value would be the service. It was cheaper to replace it now. Engineer Anderson reported there was one sewer and one water service for his lot and also the same for empty, buildable lots. The same 3 CITY COUNCIL MINUTES - APRIL 12, 1988 people would be serviced by the. 12" main as were serviced by the 6" main. Mr. Bob Evans, 516 Main Street South, stated the other neighbors were all being charged the came amount for the assessment. He questioned if the storm sewer would be replaced at the time the highway was done. Mayor Ackland reported the City intended to pay the cost for the storm sewer project. Alderman Torgerson moved to close the hearing at 8:56 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Carls moved to approve and adopt Assessment Roll No. -237, to award the contract to S & L Excavating for $224,352.06 (corrected bid), and to waive readings and adopt Resolutions No. 8758 and No. 8760. Motion seconded by Alderman Torgerson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR BITUMINOUS SURFACING ON WALLER DRIVE A petition signed by six property owners requested bituminous surfacing on Waller Drive in 1988. Following discussion, Alderman Torgerson moved to postpone the project until 1989. Motion seconded by Alderman' Carls and unanimously carried. (b) CONSIDERATION OF REQUEST FROM HUTCHINSON HEALTH & FITNESS CLUB FOR REIMBURSEMENT TO DISCONNECT STORM LINES TO BUILDING The Health Club requested reimbursement from the City in the amount of $550 to resolve their stormwater backup problem. Following discussion, Alderman Carls moved that the City extend an offer to the Health and Fitne:�s Club owners to pay 50 percent of the $550 cost. Motion seconded by Alderman Torgerson and unanimously car- ried. (c) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE Following discussion, Alderman Torgerson moved to approve and issue the permits and waive the fees and rentals. Motion seconded by Alderman Mikulecky and unanimously carried. (d) CONSIDERATION OF REQUEST FOR NON -INTOXICATING MALT LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 18-19, 1988 4 CITY COUNCIL MINUTES - APRIL 12, 1.980 7. Following discussion, Alderman Torgerson moved to approve and issue the license and waive the fee. Motion seconded by Alderman Mikulecky and unanimously carried. (e) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE WATER CARNIVAL Following discussion, Alderman Carls moved to approve payment of $1,000 -Lo the Hutchinson Jaycees out of the contingency fund. Motion seconded by Alderman Mlinar and unanimously carried. �; ESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 6/88 - ORDINANCE AMENDING ORDINANCE NO. 637, SECTION 720, OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED DOWNTOWN PARKING ENFORCEMENT AREA The motion was made by Aldernan Mikulecky, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 774. Motion unani- mously carried. (b) ORDINANCE NO. 7/88 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 775. Motion unanimous- ly carried. (c) RESOLUTION NO. 8754 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8754. Lotion unanimously carried. (d) RESOLUTION NO. 8757 - RESOLUTION ACCEPTING $75,000 FROM THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8757. Motion unanimously car- ried. UNFINISHED BUSINESS (a) CONSIDERATION OF LETTING NO. 3, PROJECT NO. 88-17 (THIRD AVENUE N.W. IMPROVEMENT (DEFERRED MARCH 28, 1988) Alderman Carls moved to defer to the next meeting. Motion seconded by Alderman Mlinar. After discussion, Alderman Carls amended the motion to direct the City Attorney to prepare a letter regarding the assessment to the railroad and benefit to the property north of Hwy. 7, the City Engineer determine what the assessments would be to the property north, 5 CITY COUNCIL MINUTES - APRIL 12, 1988 of Hwy 7, to the railroad and what City costs would be without assess- ment, and prepare the plans and specifications for the project, and the City Administrator prepare a letter addressing the assessments to residential property owners on Third Avenue, and waive readings and adopt Resolutions No. 8755 and No. 8756. Amended motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR 1988 HALF -TON PICKUP TRUCK FOR WASTEWATER DEPARTMENT (DEFERRED APRIL 5, 1988) Following discussion, Alderman Torgerson moved to approve the bid of Wigen Chevrolet for $10,357.99 and the bid of Gale Boelter of $360 for the 1977 Chevrolet truck. Motion seconded by Alderman Carls and unani- mously carried. (c) CONSIDERATION OF SUBDIVISION AGREEMENTS REGARDING TREE POLICY REQUESTED BY CITY FORESTER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED MARCH 22, 1988) The City Forester reported on the cost of planting trees on the boule- vards of subdivisions. Following discussion, Alderman Carls moved to set a City tree policy in the new subdivision agreement(s) which would state that there will be trees planted in the boulevard and the City will provide and plant the tress, and the Council will look at the $3,750 cost for the 1989 bud- get. Motion seconded by Alderman Torgerson and unanimously carried. (d) DISCUSSION OF ASSESSING PREVIOUS STORM SEWER COSTS TO TWIN OAKS SUBDIVISION (DEFERRED MARCH 8, 1988) The motion was made by Alderman Carls, seconded by Alderman Torgerson, to defer to the next meeting-. Motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CHANGE ORDER NO. 6 FOR WASTEWATER TREATMENT PLANT - SLUDGE HOPPER Following a report from Project Engineer George MacDonald, Alderman Mlinar moved to approve change order No. 6. Motion seconded by Alder- man Torgerson and unanimously carried. (b) CONSIDERATION OF LEASE AGREEMENT FOR SENIOR NUTRITION PROGRAM Following discussion, Alderman Carls moved to approve and enter into the contract. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF SETTING PUBLIC HEARING FOR SET-UP LICENSE AT LITTLE CROW BOWLING LANES 6 CITY COUNCIL MINUTES - APRIL 12, 1988 Alderman, Mikulecky moved to set a public hearing for April 26, 1988 at 8:00 P.M. Motion seconded by Alderman Torgerson and unanimously car- ried. (d) CONSIDERATION OF PURCHASING CLEANING/MAINTENANCE EQUIPMENT FOR NEW POLICE STATION Police Chief Madson presented a list of equipment items needed for the new police station. Following discussion, Alderman Carls moved to approve $1,433 out of the general fund. Motion seconded by Alderman Mlinar and unanimously car- ried. (e) CONSIDERATION OF PURCHASING NEW RADIO FOR REFURBISHED WARD-LAFRANCE PUMPER The motion was made by Alderman Carls, seconded by Alderman Mlinar, to defer to the next meeting. Motion unanimously carried. (f) CONSIDERATION OF AUTHORIZING BORROWING AUTHORITY OF UP TO $100,000 FOR BURNS MANOR NURSING HOME Administrator Mavis Geier, Financial Advisor David Jensen, President Larry Graf, and Board Member Jim Dills appeared before the Council and presented a report on the financial condition of Burns Manor. It was their request that the City loan the nursing home up to $100,000 on a monthly basis, Mayor Ackland suggested that other uses and options of the facility be considered. It was further recommended that an outside consultant be obtained to review alternatives and a business plan for Burns Manor. Following discussion, Alderman Torgerson moved to loan to Burns Manor $25,000 from the water/sewer fund at a 6.5% interest rate. Motion sec- onded by Alderman Carls. Alderman Torgerson amended the motion to a $30,000 loan. The amended motion was seconded by Alderman Carls and unanimously carried. Alderman Carls moved to direct the nursing home Administrator to pre- sent a business plan at the May 10 Council meeting which would address both drained analyses of expenses and a review of the occupancy side of the equation. Motion seconded by Alderman Torgerson and unanimously carried. (g) CONSIDERATION OF APPROVING RECOMMENDATIONS REGARDING ASSESSMENT SEARCHES AS PRESENTED BY CITY ADMINISTRATOR Following discussion, Alderman Mikulecky moved to approve the recom- mendations. Motion seconded by Alderman Mlinar and unanimously car- ried. CITY COUNCIL MINUTES - APRIL 12, 1088 (h) CONSIDERATION OF HUTCHINSON TECHNOLOGY INC.'S USE OF RECREATION FACILITIES FOR EMPLOYEE PICNIC AND DISCUSSION OF SET-UP LICENSE The Park & Recreation Board recommended approval of HTI using the City's recreation facilities for an employee picnic on July 16 at a charge of $2,000. Discussion followed regarding a set-up license and 3.2 beer at the picnic. It was pointed out that the City would be considered the secondary party on HTI's liability insurance policy. Following discussion, Alderman Torgerson moved to approve the use of the facilities and the fees recommended by the Park & Recreation Board. Motion seconded by Alderman Mlinar and unanimously carried. (i) REVIEW OF PRESENT CITY PURCHASING POLICY No action was required. (j) CONSIDERATION OF APPOINTMENT OF ASSISTANT CITY ATTORNEY It was the recommendation of the City Attorney to appoint Joseph M. Paia_ment as Assistant City Attorney. The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve the appointment. Motion unanimously carried. (k) CONSIDERATION OF CUSTODIAL SERVICES AT NEW POLICE STATION Following discussion, Alderman Carls moved to table this item to the next Council meeting for a report on the exact figures of cost and where the money would come from and to approve payment for a part-time employee to do custodial work in the interim period. Motion seconded by Alderman Mikulecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator reported that Chris Kadeibach had called him re- garding the City farm land he has been farming by the wastewater treat- ment plant. Mr. Kadelbach wished to renew his arrangement with the City to keep the weeds cut in exchange for no rent charged to him. Following discussion, Alderman Carls moved to place an ad for bids on the farm land. Motion seconded by Alderman Mikulecky and unanimously carried. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls raised a question regarding the letter received from Atty. Steve Ward concerning the Assembly of God assessment. He re- quested the City Attorney to respond to it. 9 CITY COUNCIL MINUTES - APRIL 12, 1988 (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked about the sound system in the Council Cham- bers. When he was told that the sound was so poor that Cable TV could not record the meetings, the City staff was directed to have the system repaired. City Attorney Anderson stated that all future Planning Commission and City Council meetings were to be taped. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Anderson commented that MN/DOT had informed him the City could install a temporary signal light, if they so desired. A perma- nent light would be in the 1990 State budget. He inquired if he should prepare a design for the signal. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if the City Council should be meeting with the City Attorney regarding the pending Junker Sanitation lawsuit. City Administrator Plotz reported he had been subpoenaed for a deposition, and the City files are to be reviewed by the legal counsel. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carts, seconded by Alderman Mikulecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further, business, the meeting adjourned at 11:00 P.M. 9