Loading...
04-26-1988 CCMX X4, -11 �E:avtEa REGULAR MEETING - 113TCHINSON CITY COUNCIL TUESDAY, AFRIL 26, 1988 t. Thu meeting was called to order 1,y Mayor Ackland at 7:30 P.M. The follow- iRg were present: Mayor -Faul L. Ackland, Aldermen John Mlinar, Marlin Tor- gers-on and Pat Mifulecky, Abient: Alderman Mike Carls. Also present: City Administrator Gary D. Plotz, Diructor of Engineering EugElne Anderson, and City Attorney G. Barry Ander&on. 2. INVOCATION The invocation was given by the Reverend Lavern Johnson. 3. MINUTES The minutes of the regular meeting of April 12, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) RETORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL STATEMENT - MARCH 1988 2. SENIOR ADVISORY BOARD MINUTES OF MARCH 16, 1988 3. AIRPORT COMMISSION MINUTES OF MARCH 28, 1988 4. PLANNING COMMISSION MINUTES OF MARCH 15, 1988 (b) CONSIDERATION OF APPOINTMENTS: 1. HRA - PAT MIKvLECKY 2. PLANNING COMMISSION -- ROLAND EBENT 3. LIBRARY BOARD - LINDA WILLMSEN (c) RENEWAL OF NON -INTOXICATING MALT LIQUOR LICENSE(S) ON -SALE LICENSE CROW RIVER COUNTRY CLUB J'S PIZZA GODFATHER'S PIZZA GOLD COIN PIZZA HUT SODBUSTER'S SALOON LITTLE CROW BOWLING LANES OFF -SALE LICENSE CASH WISE FOODS ERICKSON FREEDOM STATION - HWY. 7 & HWY. 15 GEORGE'S FOOD 'N FUEL ONE-STOP GAS & GROCERY SOUTHTOWN MOBIL TOM THUMB FOOD MARKET SUPER AMERICA SODBUSTER'S SALOON The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order they report and miuutc.s filed, ratify the appointments and is- sue the licenbes. Motion unanimoiasl.y carried. CITY COUNCIL MINUTES - APRIL 26, 1988 PRESENTATION OF PLAQUE OF RECOGNITION Mayor Ackland presented Mildred Nelson and Phyllis Hegrenes with plaques of recognition for their service on the HRA Board. 5. PUBLIC HEARING - 8:00 P.M. (a) SET-UP LICENSE FOR BRADLEY LARSON AT LITTLE CROW BOWLING LANES Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3845. Following discussion, Alderman Torgerson moved to continue the hearing to May 10, 1988. Motion seconded by Alderman Mlinar and unanimously carried. (b) ASSESSMENT ROLL NO. 238 - LETTING NO. 2, PROJECT NO. 88-02 Mayor Ackland called the hearing to order at 8:14 P.M. and read Publi- cation No. 3840. No one was present to be heard, Alderman Torgerson moved to close the hearing at 8:17 P.m. Motion beconded by Alderman Mlinar and carried unanimously. Alderman Torgerson moved to approve and adopt Assessment Roll No. 238, to award the contract to Wm. Mueller & Sons, Inc. for $64,171, and to waive readings and adopt Resolutions No. 8763 and No. 8767. Motion seconded by Alderman Mikulecky and unanimously carried. (c) ASSESSMENT ROLL NO. 239 - LETTING NO. 9 Mayor Ackland called the hearing to order at 8:20 P.M. and read Publi- cation No. 3841. No one was present to be heard on Projects No. 88-18, 88-22 and 88-23. The following all opposed Project No. 88-24: LeRoy Hlavka, 925 Ludtke Lane; Mike Woods, 910 Golf Course Road; George Gewerth, 955 Ludtke Lane; Gene & Audrey Cox, 920 Golf Course Road; and Richard Krueger, 935 Ludtke Lane. Alderman Torgerson moved to close the hearing at 8:25 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to adopt Assessment Roll No. 239, with the de- letion of Project No. 88-24, to award the contract to Juul Contracting Co. for $128,215.20, and to waive readings and adopt Resolutions No. 8764 and No. 8769. Motion seconded by Alderman Mikulecky and unani- mously carried. 2 CITY COUNCIL MINUTES - APRIL 26, 1988 (d) ASSESSMENT ROLL NO. 240 - LETTING 10. 10 Mayor Ackland called the hearing to order at 8:25 P.M. and read Publi- cation No. 3842. No one was present to be heard regarding Projects No. 88-20 and No. 88-21. Alderman Torgerson moved to close the hearing at 8:27 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to approve and adopt Assessment Roll No. 240, to award the contract to Juul Contracting Co. for $308,420.55, and to waive readings and adopt Resolutions No. 8765 and No. 8770. Motion seconded by Alderman Mikulecky and unanimously carried. (e) ASSESSMENT ROLL NO. 241 - LETTING NO. 8 Mayor Ackland called the hearing to order at 8:28 P.M. and read Publi- cation No. 3843. No one was present to be heard. Alderman Torgerson moved to close the hearing at 8:29 P.M. Motion seconded by Alderman Mikulecky and unani- mously carried. Alderman Torgerson moved to approve and adopt Assessment Roll No. 241, to award the contract to Juul Contracting Co. for $63,396.85, and to waive readings and adopt Resolutions No. 8766 and No. 8768. Motion seconded by Alderman Mikulecky and unanimously carried. 6. COMMUNICATIONS, REtJESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY BASEBALL ASSOCIATION FOR GRANDSTAND PROPOSAL AT VETERANS MEMORIAL FIELD Mr. Lee Cox represented the Hutchinson Baseball Association and re- quested approval of plans for a three -section grandstand to be erected at Veterans Memorial baseball field at a cost of $20,644 and a roof at $6,000. It was also requested that City employees assist with the erection of the grandstand to reduce the Association's costs. Following discussion, Alderman Mlinar moved to approve the proposal and to authorize the Park & Recreation Director to make the arrangements for help of employees to install the grandstand. Motion seconded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF REQUEST BY BROWN'S GREENHOUSE FOR TWO TEMPORARY SIGNS Following discussion, Alderman Mikulecky moved to approve the signs. Motion seconded by Alderman Torgerson and unanimously carried. r,� CITY COUNCIL MINUTES - APRIL 26, 198; (c) CONSIDERATION OF REQUEST BY CITY ENGINEER FOR SPECIAL CITY COUNCIL MEETING ON MAY 5, 1988 FOR SETTING ASSESSMENT HEARINGS FOR THREE PROJECT LETTINGS The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve a special City Council meeting for May 5, 1988 at 5:30 P.M. Motion unanimously carried. (d) CONSIDERATION OF REQUEST TO SET UP FOOD CONCESSION TRAILER ON JUNE 21 FOR WATER CARNIVAL Following discussion, Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mikulecky and unanimously carried. (e) DISCUSSION OF BITUMINOUS SURFACING ON WALLER DRIVE REQUESTED BY FLOYD HOEL Mr. Floyd Hoel expressed concern that the Waller Drive surfacing proj- ect was not going to be done in 1988. In 1986 he purchased property on this street, and he was told by the City Engineer that the base work would be done in 1986 and the hard surface road would be done in 1987. There was an error in the construction of the street in 1986 and only two foot of gravel, curb and gutter was done so it would not run down onto Bluff Street. At thi:. point the project work stopped, and nothing else was done. The property owners hired Jim Hanson to put in curb and gutter. Mr. Hoel commented on the petition submitted April 4, 1988 and questioned if there was a misunderstanding regarding the poor condition of the street. He stated that the apartment units he manages cannot be competitive with other units in the area when Waller Drive is not kept up. Mr. Hoel requested that the blacktop project not be delayed. He asked if a 'Layer could be put on to eliminate the mud and dust. Mayor Ackland stated the concern was digging up a paved street to put in a storm sewer in the near- future. Additional engineering fees would be involved. Engineer Anderson suggested putting on an initial layer of blacktop and the final layer next year. The north third of Waller Drive would be affected by the proposed storm sewer. Mr. Mark Guggemos, 626 Waller Drive, commented that he built his house in 1981, and he was the only one on the road who cared if there was a permanent surface. He was -told that in two or three years a road would be put in, but the project always seems to be put on the back burner. Mr. Sidney Grams, 56 Selchow Avenue, reported he owned the unit on the north end. He asked if the City could put a dust coat on for a year to control the dust. Mr. Grams inquired how close the street would come to his property line. 4 CITY COUNCIL MINUTES - APRIL 26, 1983 Following discussion, Alderman Torgerson moved to direct the Engineer- ing Department to set a public hearing for May 10, 1988 at 8:00 P.M., to prepare a report on improvement project No. 88-31 for two-thirds of Waller Drive, and -to waive reading and adopt Resolution No. 8778. Mo- tion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8762 - RESOLUTION FOR PURCHASE Alderman Torgerson moved to waive reading and adopt Resolution No. 8762. Motion seconded by Alderman Mlinar and unanimously carried. (b) ORDINANCE NO. 3/88 - AN ORDINANCE ESTABLISHING A SET-UP LICENSE Alder -man Torgerson moved to defer to next meeting. Motion seconded by Alderman MikDlecky and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PROJECT NO, 88-30 - FLORIDA STREET IMPROVEMENT (DEFERRED APRIL 12, 1988) It was reported that a public hearing was held at the last Council meeting, and the majority of the property owners were opposed to the project. The suggestion was made to widen the road to 60 feet, and an alternative would be to gravel the road. Following discussion, Alderman Torgerson directed the City Engineer and City Attorney to obtain easements for the improved street. Motion sec- onded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF REPORT OR LETTING NO. 3, PROJECT NO. 88-17 (THIRD AVENUE NORTHWEST IMPROVEMENT) (DEFERRED APRIL 12, 1988) The notion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to defer to May 10, 1988. Motion unanimously carried. (c) DISCUSSION OF ASSESSING PREVIOUS STORM SEWER COSTS TO TWIN OAKS SUBDIVISION (DEFERRED APRIL 12, 1988) Following discussion, Alder -man Torgerson moved to set a public hearing for May 24, 1988 at 8:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF PURCHASING NEW RADIO FOR REFURBISHED WARD -LA FRANCE PUMPER (DEFERRED APRIL 12, 1988) The notion was made by Alderman MikDlecky, seconded by Alderman Torger- son, to approve the purchase. Motion unanimously carried. 5 CITY COUNCIL MINUTES - APRIL 26, 1988 (e) CONSIDERATION OF CUSTODIAL SERVICES AT NEW POLICE STATION (DEFERRED APRIL 12, 1988) Following discussion, Alderman Mikulecky moved to reject as proposed. Motion seconded by Alderman Mlinar, and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to readvertise to fill a part-time position for City Hall. Mo- tion unanimously carried. (f) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY JEFF MUNSELL FOR CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED MARCH 22, 1988) Following discussion, Alderman Torgerson recommended approval of the conditional use permit and to waive reading and adopt Resolution No. 8729. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to discontinue service at noon on May 2 unless other arrangements had been made. Motion seconded by Alderman Miku- lecky and unanimously carried. (b) CONSIDERATION OF CALCIUM CHLORIDE TREATMENT ON LES KOUBA PARKWAY FOR DUST CONTROL (REQUESTED BY ALDERMAN PAT MIKULECKY) Following discussion, Alderman Mlinar moved to approve. Motion sec- onded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF COMPENSATION TO ALLIED MECHANICAL SYSTEMS FOR ERROR IN POLICE STATION BID AND CHANGE ORDER FOR DUCTWORK IN GARAGE Following discussion, Alderman Torgerson moved to approve payment of $3,775 to Allied Mechanical due to the error in bidding. Motion sec- onded by Alderman Mlinar and unanimously carried. Mr. Clint Knorr of Allied Mechanical Systems reviewed the ductwork problems in the police station garage. Alderman Mlinar moved to approve the $1,248 for ductwork in the garage. Motion seconded by Alderman Torgerson and unanimously carried. Alderman Mlinar moved to approve the $3,696 for attic ductwork changes: Motion seconded by Alderman Mikulecky and unanimously carried. Alderman Mlinar moved to approve the $1,324 for fire protection. Mo- tion seconded by Alderman Torgerson and unanimously carried. 6 CITY COUNCIL MINUTES - APRIL 26, 1988 Mr. Knorr made an offer, that Allied Mechanical would accept 80% of the approved payment to show appreciation. After discussion, it was the consensus of the Council and Mr. Knorr that the change order ductwork in the garage would be done for gratis by Allied Mechanical. (d) REVIEW OF BOND ISSUE COSTS Alderman Mlinar moved to defer to May 10, 1988 meeting. Motion sec- onded by Alderman Mikulecky and carried three to one, with Aldermen Mlinar, Mikulecky and Mayor Ackland voting aye and Alderman Torgerson voting nay. (e) CONSIDERATION OF AWARDING BID FOR RENTAL OF CITY -OWNED FARM LAND It was reported that no bids were received. Also, the County had in- formed the City they would be taxed $20 per acre if the land was rented out. Mr. Bob Billiet, a representative of Pheasants Forever, requested their organization be allowed to use the land for a wildlife habitat. It was the consensus of the Council to work with the organization. RECESS: The City Council adjourned at 11:50 P.M. for a 10 -minute recess. (f) CONSIDERATION OF APPROVAL OF TREATING DRINKING WATER FOR CORROSION PROBLEM Following discussion, Alderman Mlinar moved to approve. Motion sec- onded by Alderman Mikulecky and unanimously carried. (g) CONSIDERATION OF PURCHASE OF ELECTION VOTING EQUIPMENT Finance Director Merrill reviewed the voting machine recommendations. He stated the City would advertise for bids on the new equipment. Following discussion, Alderman Torgerson moved to approve the purchase of five optical scan voting machines. Motion seconded by Alderman Mik- ulecky and unanimously carried. (h) CONSIDERATION OF INSPECTION OF NORTHWEST WATER TOWER DURING PAINTING Following discussion, Alderman Torgerson moved to approve. Motion sec- onded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF LIFESPAN AFFILIATION Following discussion, Alderman Mlinar moved to approve the affiliation. Motion seconded by Alderman Torgerson and unanimously carried. (j) CONSIDERATION OF PURCHASE OF DASSEL MEDICAL CLINIC ASSETS BY HUTCHINSON COMMUNITY HOSPITAL j CITY COUNCIL MINUTES - APRIL 26, 1988 Following discussion, Alderman Mlinar moved to approve the purchase. Motion seconded by Alderman Torgerson and unanimously carried. (k) CONSIDERATION OF LAND RATHER THAN FEES FOR PARK CONTRIBUTION ALONG SCHOOL ROAD (REQUESTED BY MAYOR PAUL L. ACKLAND) Mayor Ackland reported the Park Board wished to have a neighborhood park in the area of School Road and California Street since there were no parks between Glen and Connecticut Street. Also, no park contribu- tion had been made for this parcel of property when it was platted. Atty. John Lubitz was oppoed to the parkland contribution and felt it should have been done at the time of development. He stated he had not received Atty. Anderson's letter dated April 22, 1988 regarding this issue; therefore, he was unaware the matter would be addressed. He further pointed out there were no conditions placed on the zoning for this land. Atty. Anderson expressed some concerns about the timing of this re- quest and stated that parkland dedication should be done at the time of the subdivision. He thought it would be difficult at this point to require a 10% land contribution, and there could be some legal ramifi- cations for unconstitutional taking of park land. However, he was not in a position to give an opinion at this time. The former developer did not follow through on his proposed P.U.D. Following discusbion, Alderman Torgerson moved to approve the project to comply with the development next to R-1, including all park and playground requirements which apply. Motion Seconded by Alderman Mlinar. The motion was amended by Alderman Mikulecky to take 10% of the land on the west end of the property. Amended motion seconded by Alderman Torgerson and unanimously carried. The main motion carried unanimously. (1) CONSIDERATION OF RELEASE OF GENERAL FUND CAPITAL EXPENDITURE FOR 1988 Alderman Mikulecky moved to defer to the next meeting for a breakdown report from the Finance Director showing how the excess funds were received. Motion seconded by Alderman Mlinar and unanimously carried. (m) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY SCOTT HOGREFE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8771. Motion seconded by Alderman Mlinar and unanimously carried. (n) CONSIDERATION OF VARIANCE SUBMITTED BY SCOTT HOGREFE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following- discussion, Alderifan Mikulecky moved to reject the variance 8 CITY COUNCIL MINUTES - APRIL 26, 1988 based on the Planning Commission's recommendation that there was no hardship. Motion seconded by Alderman Mlinar and unanimously carried. (o) CONSIDERATION OF REZONING FROM R-2 TO R-3 SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the rezoning and to waive first reading of Ordinance No. 10/88 and set second read- ing for May 10, 1988. Motion seconded by Alderman Mlinar and carried unanimously. (p) CONSIDERATION OF VARIANCE SUBMITTED BY JERRY EGGERT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved that the variance be denied on the basis of lack of hardship. Motion seconded by Alderman Torger- son and unanimously carried. (q) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE #466 REQUESTED BY PARK BOARD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to defer until May 10, 1988 meeting. Motion sec- onded by Alderman Torgerson and unanimously carried. (r) CONSIDERATION OF REZONING REQUEST FROM R-2 TO R-3 SUBMITTED BY DEFOREST WAGNER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Aider -man Mlinar moved to reject the rezoning based on the unfavorable recommendation of the Planning Commission to comply with the Comprehen- sive Plan. Motion seconded by Alderman Torgerson and unanimously car- ried. (s) CONSIDERATION OF VARIANCE SUBMITTED BY EVERETT HANTGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the variance and waive reading and adopt Resolution No. 8772. Motion seconded by Alderman Mlinar and unanimously carried. (t) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY EVERETT HANTGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8773. Motion unanimously carried. (u) CONSIDERATION OF VARIANCE SUBMITTED BY JAMES GAGNON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. James Gagnon presented a proposal of a garage addition on his prop- erty and submitted a petition signed by six neighbors who supported his WE CITY COUNCIL MINUTES - APRIL 26, 1988 plan. It was pointed out that the Planning Commission rejected the variance based on a lack of hardship. Following discussion, Alderman Mikulecky moved to approve the variance and to waive reading and adopt Resolution No. 8776. Motion seconded by Alderman Torgerson and unanimously car- ried. (v) CONSIDERATION OF CONDITIONAL Uc'E PERMIT SUBMITTED BY JAMES GAGNON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- tional use permit and to waive reading and adopt Resolution No. 8774. Motion seconded by Alderman Mlinar and unanimously carried. (w) CONSIDERATION OF AMENDING SITE PLAN AT SCHOOL ROAD AND GOLF COURSE ROAD SUBMITTED BY TERRY MICK WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mayor Ackland stated the question was whether the developer was meeting all the requirements for R-3 zoning. The City was looking at long-term interests of the residents in the area since increased density was in- volved. Mr. Frank Fay, 970 Rolling Green Lane, stated he represented the Home- owners' Association which was concerned about the increased density in the area and the safety of the neighborhood children. He had been told by Larry Bethke that the development from the corner an would be town- houses. The Association was opposed to the proposed development. Atty. Lubitz asked if the developer would be issued a building permit if he met the zoning requirements. No definite answer was given. No action was taken on the site plan. (See agenda item 9-k) (x) CONSIDERATION OF RESUBMITTAL OF SITE PLAN FOR MUNSELL CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion regarding an easement, Alderman Mikulecky moved to approve the site plan subject to staff recommendations No. 1-7 in the April 7, 1988 memorandum addressed to the Planning Commission. Motion seconded by Alderman Torgerson and unanimously carried. (y) CONSIDERATION OF LOT SPLIT ON BLUFF STREET SUBMITTED BY GENE BROWN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the lot split, contingent upon removal of the non -conforming house. Notion seconded by Alderman Mlinar and unanimously carried. 10 CITY COUNCIL MINUTES - APRIL uCi, 1080 (z) CONSIDERATION OF PRELIMINARi' PLAT OF WOODVIEW ACRES SECOND ADDITION SUBMITTED BY JOEL VINKEMEIER (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to refer the preliminary plat to the County with no objection provided the 40' drainage easement was platted utility as well as drainage. Motion seconded by Alderman Mlinar and unanimously carried. (aa) CONSIDERATION OF SKETCH PLAN SUBMITTED BY BOB BILLIET (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to refer to the County with no objection. Motion seconded by Alderman Mlinar and unanimously carried. (bb) CONSIDERATION OF LOT SPLIT SUBMITTED BY JIM HANSON ON LOT 3 BETKER'S ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the lot split. Motion seconded by Alderman Mlinar and unanimously carried. (cc) CONSIDERATION OF FINAL PLAT OF SIEMSON ESTATES SUBMITTED BY ROGER SIEMSON (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to refer to the County with no objection. Notion seconded by Alderman Mlinar and unanimously carried. (dd) CONSIDERATION OF FINAL PLAT OF MCCLURE'S SECOND ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Engineer Anderson reviewed the background information pertaining to the issue of a 35' easement inside Lot 1 of McClure's Second Addition. There was no record of a signed easement or a recorded document for the storm sewer installed in 1978 on the McClure property. Mr. Jim McClure stated the property owner(s) were requesting $3,000 as monetary reimbursement by the City for the 35' easement. Following discussion, Alderman Torgerson moved to approve the final plat of McClure's Second Addition and to waive reading and adopt Reso- lution No. 8777. Notion seconded by Alderman Mlinar and unanimously carried. (ee) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS SUBMITTED BY GOEBEL FIXTURE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Aideiman Mikulecky moved to approve referral to the Minnesota Municipal Board and to waive reading and adopt Resolu- 11 CITY COUNCIL MINUTES - APRIL 26, 1088 tion No. 8775, Motion seconded by Alderman Torgerson and unanimously carried. (ff) CONSIDERATION OF SUBDIVISION AGREEMENT FOR MCCLURE'S SECOND ADDITION Following discussion, Alderman Torgerson moved to compensate the McClure's $3,000 for an easement on their property. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to direct the Engineering Department to take care of the storm sewer and appurtenances. Motion seconded by Alder- man Mlinar and unanimously carried. Alderman Torgerson moved to approve the subdivision agreement for McClure's Second Addition. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to maintain the present policy on interest which the City has adopted. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported there would be a joint meeting of the Central Prairie Railway Association and McLeod Regional Rail Authority on May 3 at 11:30 A.M. to discuss buy-out of the Dakota Rail. (b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported that Representative. Steve Dille had informed him' the City of Hutchinson had received additional funding for the new wastewater treatment plant. The Council members and affected staff were reminded of the simulated disaster program scheduled for Thursday night, April 27. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson requested the Council to go on record in support of the action the County Board took at their April 10 meeting to withhold payment of $10,000 for the Judicial District. Alderman Mlinar moved to go on record supporting the County Board and their action taken. Motion seconded by Alderman Torgerson and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 12 CITY COUNCIL MINUTES - APRIL 26, 1988 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 1:17 A.M. 13