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05-10-1988 CCMM i N:iTES REGULAR MEETING - ri'TCnINSON CITY COUNCIL TUESDAY, MAY 10, 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 The invocation was given by the Reverend Randy Chrissis. 3. MINUTES The minutes of the special meeting of April 6, 1988, regular meeting of April 26, 1988 and bid opening of April 29, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 41988 2. NURSING HOME BOARD MINUTES OF MARCH 29 AND MARCH 31, 1988 3. POLICE CIVIL SERVICE COMMISSION MINUTES OF APRIL 26, 1988 4. HOSPITAL BOARD MINUTES OF MARCH 15 AND MARCH 29, 1988 The motion was made by Aidernan Torgerson, seconded by Alderman Miku- leeky, to order the report and minutes filed. Motion unanimously car- ried. 5. PUBLIC HEARING - 8:00 P.M. (a) SET-UP LICENSE FOR BRADLEY L1"ARSON AT LITTLE CROW BOWLING LANES (CONTINUED FROM APRIL 26, 1988) Following discussion, Alderman Torgerson moved to continue the public hearing, to May 24, 1988. Motion seconded by Alderman Mikulecky and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT FROM BURNS MANOR NURSING HOME Administrator Mavib Geier, and Financial Advisor- David Jensen reported that the nursing home did riot need to borrow funds from the City for the months of April and May. Also, the present occupancy was 90%, with only 10 empty beds. The major expenditures were for salaries and in- surance, with utilities costs unpredictable. The income projection for the nursing home is based on the rate approved by the Minnesota Depart-, ment of Welfare as of July 1, 1987, The State determines the charge at i CITY COUNCIL MINUTES - MAY 10, 1988 Burne, Manor. It was anticipated that there would be a 8.7% increase as of July 1, 1988, Board member Ancher Nelsen informed the Council that. a Memorial Commit- tee had been formed to assist with funding for improvements to the facility, it was suggested that the Council consider a bond for re- modeling purposes at Burns Manor. (b) CONSIDERATION OF REQUEST FOR PARADE PERMIT BY AMERICAN LEGION POST #96 FOR MEMORIAL DAY PARADE ON MAY 30, 1988 Alderman Mlinar moved to approve the permit. Motion seconded by Alder- man Carls and unanimously carried. 7. RESOLUTIONS AND QRDINANCES (a) ORDINANCE NO. 8/88 - AN ORDINANCE REGULATING THE ISSUANCE OF SETUP LICENSES FOR THE CONSUMPTION OF INTOXICATING LIQUOR WITHIN THE CITY OF HUTCHINSON City Attorney Anderson commented on the ordinance for setup licenses. He stated it was for a one-time issuance, based on the recommendation of the Police Department and the assumption that the Council did not wish to issue a regular setup license. Following discussion, Aldeiman Carls moved to waive first reading of Ordinance No. 8/88 and bet second reading May 24, 1988. Motion sec- onded by Alderman Mlinar. The notion carried three to two, with Alder- men Carls, Mlinar and Torgerson voting aye and Alderman Mikulecky and Mayor Ackland voting nay. The City Attorney was instructed to prepare a second ordinance for the May 24, 1988 Council meetlhg which would allow the issuance of a regu- lar setup license. (b) ORDINANCE NO. 9/88 - ORDINANCE AMENDING SECTIONS 235:05, 235:15 AND 235:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED HOSPITAL BOARD, AND ADDING SECTION 235:30 TO THE 1974 ORDINANCE CODE OF THE CITY OF I;UTCHINSON Alderman Mlinar moved to waive first reading of Ordinance No. 9/88 and set second reading May 24, 1938. Motion seconded by Alderman Torgerson and unanimously carried. (c) ORDINANCE NO. 10/88 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP Alderman Mikulecky moved to waive ;second reading and adopt Ordinance No. 1.0/88. Motion seconded by Alderman Torgerson. Following discus- sion, the motion failed with a unanimous nay vote. 2 CITY COUNCIL MINUTES - MAY 10, 1988 (d) RESOLUTION NO. 8785 - REk'")OLUT'LON FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8785. Notion seconded by Alderman Torgerson and unanimously carried. 8, UNFINISHED BUSINESS (a) CONSIDERATION OF CHANGING LENGT11 OF TERM ON LIBRARY BOARD FROM THREE YEARS TO FIVE YEARS (DEFERRED MARCH 8, 1988) Following discussion, Alderman Carls moved to approve the change in length of term on the Library Board to five years and to direct the City Attorney to prepare an ordinance. Motion seconded by Alderman Mlinar and unanimously carried. RECESS: The City Council adjourned for recess at 9:45 P.M. (b) CONSIDERATION OF REPORT ON LETTING NO. 3, PROJECT NO. 88-17 (THIRD AVENUE NORTHWEST IMPROVEMENT) (DEFERRED APRIL 26, 1988) Following extensive discus,,�iori, Alderman Torgerson moved to defer assessments against home&.teadod residential property until such time as the use of the property is ac".ivated commercial, at an assessment of $20 per front foot with no interest. Motion seconded by Alderman Carls and unanimously carried. Alderman Torgerson moved to use the maximum amount of state aid funds against the entire project, to give all property owners in the assessed area a credit for past storm sewer assessments, and to assess five cents per square foot to property north of Highway 7. Motion seconded by Alderman Carls arid unaninou,_,ly carried. (c) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE NO. 466, SECTION 5:10, REQUESTED BY PARK BOARD WITH FAVORABLE RECOMMENDATION OF PLANNING COMISSION (DEFERRED APRIL 26, nw) I After lengthy discus,_,ion, Alderman Mikulecky moved to approve the park dedication schedule dated March 4, 1988, with a 25% reduction in the formula of single family and multi -family for cash dedication fee and park land contribution, and to delete item No. 3 regarding commercial/ industrial land, and to waive first reading of Ordinance No. 11/88 and set second reading May 24, 1988. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Carls moved to direct the City Administrator to send a letter of thanks to the sub -committee members for their efforts in preparing the fee schedule. Alderman Mikii'lecky seconded the motion and carried unanimously. (d) CONSIDERATION OF GOLF COURSE PRIVATE INGRESS/EGRESS ROAD LETTING NO. 5, PROJECT NO, 38-OIA (DEFERRED MARCH 22, 1988) 3 CITY COUNCIL MINUTES - MAY 10, 1988 The City Engineer- reported bids were received on April 29, 1988 for, the City project in the area of" the golf course. The costs were estimates for the golf course road. Discubsion followed on how payment would be made if it were included with the bond issue. Mr. Ward Haugen stated the Country Club was working on a site plan with Pellinen. They were interested in obtaining a unit price from the City. The Club would sign a hold harmless agreement for the project. Following discussion, Alder -man Carls moved that the City not authorize inclusion of the Country Club private road in the project for City bond issue inasmuch as the concept of a private project being included with the public sector could set a precedent. Motion seconded by Alderman Mlinar and carried three to two to reject Project No. 88-01A, with Ald- ermen Carls, Mikulecky and Mlinar voting aye and Alderman Torgerson and Mayor Ackland voting nay. 9, NEW BUSINESS (a) CONSIDERATION OF ELECTRO WATCHMAN MONITORING AGREEMENT FOR CAMPBELL LANE LIFT STATION Alderman Carlr-, moved to approve and enter into contract. Motion sec- onded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 88-31, WALLER DRIVE Following discussion, Alderman Mikulecky moved to approve and set the hearing for May 24, 2983 at 8:00 P.M., and to waive reading and adopt Resolution No. 8786. Motion seconded by Alderman Torgerson and unani- mously carried. (c) CONSIDERATION OF MN/DOT PRELIMINARY LAYOUT FOR T.H. 22 PROJECT Director of Engineering Anderson presented the layout plan for T.H. 22 project. Following disoub­,ion, Alderman Carls moved to approve the layout and to waive reading and adopt Resolution No. 8787. Motion sec- onded by Alderman Mlinar and unanimously carried upon roll call vote. (d) CONSIDERATION OF CHANGE ORDER NO. 1 FOR LETTING NO. 10, PROJECT NO. 88-20 Following discussion, Alderman Mikulecky moved to approve change order No. 1. Notion beconded by Alderman Carls and unanimously carried. (e) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING FOR MCCLURE'S SECOND ADDITION IMPROVEMENTS, PROJECT NO. 88-32 Following discussion, Alderman Torgerson moved to approve and set the hearing for May 24, 1983 at 8:00 P.M,, and to waive reading and adopt 4 CITY COUNCIL MINUTES - MAY 10, 1988 Resolutions No. 8788 and No, 87089. Motion seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported his deposition regarding the Junker lawsuit was rescheduled since Junker was not ready. Mr. Plotz stated he would be meeting with Bill Helland, the developer of Helland's First Addition, on May 17. City Attorney Anderson was asked for a legal opinion regarding the city ordinance on non -intoxicating malt liquor licenses as it pertained to the forthcoming H.T.I. picnic. It was determined that no permit would be needed if there was no drinking after 10:00 P.M. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on a recent article in the League of Cities magazine concerning zoning and rezoning. He thought the Planning Com- mission should receive a copy of the article. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the Enna Lake property and wondered if the empty lot could be graded and graveled for a parking lot. The City Administrator and City Engineer were to check into the matter. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky asked about the issue regarding a septic tank for Jim Reid. Administrator Plot -2 reported the ordinance had not been put into effect yet. (e) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson stated that San Ulland had served papers on the City to appeal his lawsuit and move it from the conciliation court to district court, (f) COMMUNICATIONS FROM ENGINEER EUGENE ANDERSON Engineer Anderson commented on Maplewood Academy's connection to the City storm sewer. The issue is being looked into and will be discussed at an upcoming Council meeting. Alderman Torgerson moved to put the Maplewood Academy item on the agenda for the June 14, 1988 Council meeting. Motion seconded by Alderman Carls and unanimouz�ly carried, 5 CITY COUNCIL MINUTES - MAY 10, 1988 The City Engineer reported that there was a request to defer assess- ments on the Santelman property. (g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired about 4 he City's recycling ordinance and what was being done. Administrator Plotz stated it was discussed at dwork- shop, and Junker Sanitation was to be contacted to see if they would cooperate with the program. Alderman Torgerson reported a commercial lawn care business owner had contacted him about dumping grass clippings in the tree dump. It was the consensus of the Council that there should be an area for compost to be dumped at the tree dump. 'I. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Torgerson, 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. 6