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07-26-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 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 Dan Cloeter. 3. MINUTES The minutes of the regular meeting of July 12, 1988 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1988 2. AIRPORT COMMISSION MINUTES OF JULY 10, 1988 3. NURSING HOME BOARD MINUTES OF JUNE 28, 1988 4. PLANNING COMMISSION MINUTES OF JUNE 21, 1988 (b) APPLICATION FROM V.F.W. COOTIES FOR GAMBLING LICENSE (c) APPLICATIONS FROM HUTCHINSON TRAVELERES BASEBALL ASSOCIATION FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the report and minutes filed and issue licenses. Mo- tion unanimously carried. PRESENTATION OF PLAQUES OF RECOGNITION Mayor Ackland presented the following individuals with plaques in recognition of serving on city boards and commissions: Jerry Brown - Tree Board Albert Linde - Library Board Dr. Robert Prochnow - Police Commission Donn Hoffman - Police Commission 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 246 - PROJECT NO. 87-38, LETTING N0, 18 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3887. No one was present to be heard on Letting No. 18. CITY COUNCIL MINUTES - JULY 26, 1988 The motion was made by Alderman Mlinar to close the hearing at 8:03 P.M. Motion seconded by Alderman Carls and unanimously carried. Ald- erman Carls moved to adopt Assessment Roll No. 246 and waive reading and adopt Resolution No. 8836. Motion seconded by Alderman Mlinar and unanimously carried. (b) ASSESSMENT ROLL NO. 247 - PROJECT 10. 88-32, LETTING 10. 16 Mayor Ackland called the hearing to order at 8:04 P.M. and read Publi- cation No. 3888. No one was present to be heard on Letting No. 16. Alderman Torgerson moved to close the hearing at 8:05 P.M. Motion sec- onded by Alderman Carls and unanimously carried. Alderman Mlinar moved to adopt Assessment Roll No. 247, to award the contract to Rickert Excavating, Inc. for $45,921.75, and to waive read- ings and adopt Resolutions No. 8839 and No. 8840. Motion seconded by Alderman Carls and unanimously carried. (c) ASSESSMENT ROLL NO. 248 - PROJECT NO. 88-31, LETTING NO. 15 Mayor Ackland called the hearing to order at 8:06 P.M. and read Publi- cation No. 3889. Mr. Sid Grams, 645 Waller Drive, stated he had been in City Hall last week to discuss the project and assessments. He was concerned about where the improved street would end. His end of the street was sched- uled to be finished next year or later. Mr. Grams questioned how he could be assessed for a street that was not going to be finished until the storm sewer project was completed. He would be paying assessments for something that was not done. City Engineer Anderson reported that the east side of Waller Drive was covered by the subdivision agreement which tells how the lots are to be assessed. The pipe line will be installed up to Bluff Street this year, and next year Waller Drive will be paved. Mr. Mark Guggemos, 626 Waller Drive, inquired if he was included in the same agreement. Engineer Anderson replied that the Guggemos property was not in the Waller Subdivision. Mr. Robert Hoel, 215 Waller Drive, commented that he thought Rockite Silo was the subdivider. Following discussion and consensus of the Council that Waller Drive be completed next year, Alderman Carls moved that the City be committed to the underground work necessary on the unpaved stretch of Waller Drive and include paving of Waller Drive in the 1989 projects. Motion sec- onded by Alderman Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - JULY 26, 1988 Mayor Ackland read a letter received from Alvin Exsted, 215 Sixth Ave- nue N.E., in which he objected to the project assessment. Engineer Anderson stated that Mr. Exsted was being assessed for bituminous sur- facing on the short side of his property and not for curb and gutter. Alderman Torgerson moved to close the hearing at 8:30 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. Alderman Torgerson moved to adopt Assessment Roll No. 248, to award the contract to Wm. Mueller & Sons, Inc. for $9,867.00, and to waive read- ings and adopt Resolutions No. 8837 and No. 8838. Motion seconded by Alderman Carls and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO CLOSE FIRST AVENUE SOUTHEAST BETWEEN MAIN STREET AND HASSAN FOR ARTS AND CRAFTS FESTIVAL ON SEPTEMBER 16-17, 1988 The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the request. Motion unanimously carried. (b) CONSIDERATION OF REQUEST FROM CHAMBER OF COMMERCE FOR APPROVAL OF LEASE CONTRACT FOR HUTCHINSON CIVIC EVENTS PROJECT(S) Alderman Mlinar moved to approve the lease contract. Motion seconded by Alderman Torgerson and unanimously carried. (c) CONSIDERATION OF REQUEST FROM CHAMBER OF COMMERCE FOR APPROVAL OF COMMUNITY MARQUEE GUIDELINES Alderman Mlinar moved to approve the guidelines. Motion seconded by Alderman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8833 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No, 8833. Motion seconded by Alderman Carls and unanimously carried. (b) ORDINANCE 10. 11/88 - AN ORDINANCE AMENDING SECTIONS 5.101, 5.102, 5.103, 5.104 AND 5.105 TO THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON Alderman Carls moved to waive second reading and adopt Ordinance No. 785. Motion was seconded by Alderman Torgerson and unanimously car- ried. (c) ORDINANCE NO. 20/88 - AN ORDINANCE APPROVING AND REGULATING THE SALE 01 LIQUOR BY WAY OF SET-UP LICENSE M CITY COUNCIL MINUTES - JULY 26, 1988 Following discussion, Alderman Carls moved to defer until the August 9, 1988 meeting. Motion seconded by Alderman Mlinar and unanimously car- ried. (d) RESOLUTION NO. 8834 - RESOLUTION AUTHORIZING RELEASE AND SUBSTITUTION OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON Alderman Carls moved to waive reading and adopt Resolution No. 8834. Motion seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ARENA AND FACILITY AGREEMENTS WITH SCHOOL DISTRICT (DEFERRED JULY 12, 1988) Following discussion, Alderman Carls moved to enter into an agreement with the School District, excluding the tennis courts section. Motion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF RAILROAD IMPROVEMENTS IN CONJUNCTION WITH THIRD AVENUE NORTHWEST FOR JAMES STREET ABANDONMENT (DEFERRED JULY 12, 1988) Following discussion, Alderman Carls moved that the James Street cross- ing of the tracks remain in the project and to waive reading and adopt Resolution No. 8827. Motion seconded by Alderman Mikulecky and car- ried four to one, with Alderman Torgerson voting nay. (c) CONSIDERATION OF CONTRACT FOR PEST CONTROL AT POLICE STATION It was suggested that all City contracts for various buildings and entities be under one contract. Alderman Mikulecky moved to defer. Motion seconded by Alderman Carls and unanimously carried. (d) CONSIDERATION OF DEFERRING ASSESSMENTS ON SANTELMAN'S ADDITION (DEFERRED JUNE 28, 1988) Following discussion, Alderman Mlinar moved to defer. Motion seconded by Alderman Carls and unanimously carried. (e) CONSIDERATION OF ASSESSMENTS ON TWO PARCELS OF LAND OWNED BY DR. ROBERT BEELER (DEFERRED JULY 12, 1988) Following discussion, Alderman Mlinar moved to defer. Motion seconded by Alderman Carls and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to discontinue service at noon on August 1 unt less other arrangements had been made. Motion seconded by Alderman 4 CITY COUNCIL MINUTES - JULY 26, 1988 Carls and unanimously carried. (b) CONSIDERATION OF PURCHASE OF OFFICE FURNISHINGS FOR NEW WASTEWATER TREATMENT FACILITY Following discussion, Alderman Torgerson moved to approve the purchase of office furnishings for approximately $6,000. Motion seconded by Alderman Carls and unanimously carried. (c) CONSIDERATION OF DESIGN OF REHABILITATION OF ORIGINAL 1959 FILTERS AND PUMP CONTROLS BY RCM FOR WATER TREATMENT FACILITY It was reported that work must begin now to be operational by 1990. The design work will cost approximately $28,000. Following discussion, Alderman Torgerson moved to approve RCM's proposal. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS REQUESTED BY HUTCHINSON SCHOOL DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve referral to the Minnesota Municipal Board. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF SUBDIVISION AGREEMENT FOR CASA ADDITION The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the subdivision agreement. Motion unanimously car- ried. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON TECHNOLOGY, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mikulecky moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8841. Motion seconded by Ald- erman Mlinar and unanimously carried. (g) CONSIDERATION OF VARIANCE REQUESTED BY HUTCHINSON CONGREGATION OF JEHOVAH WITNESSES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve the variance and to waive reading and adopt Resolution No. 8842. Motion seconded by Alderman Carls and unanimously carried. (h) CONSIDERATION OF CONDITI01WAL USE PERMIT REQUESTED BY CLARK MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mikulecky moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8843, with stipulations. Motion seconded by Alderman Torgerson and unanimously carried. 5 CITY COUNCIL MINUTES - JULY 26, 1988 (i) CONSIDERATION OF REVISED FINAL PLAT OF CASA ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve the final plat and waive reading and adopt Resolution No. 8844. Motion seconded by Alderman Mikulecky and unanimously carried. (j) CONSIDERATION OF FINAL PLAT OF WAGNER DEVELOPMENT CORPORATION SUBMITTED BY DEFOREST WAGNER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mikulecky moved to approve the final plat and waive reading and adopt Resolution No. 8845. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF PRELIMINARY PLAT OF OTTER ACRES SUBMITTED BY JOHN MYLLYKANGAS (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Carls moved to refer to the County with no objection. Motion seconded by Alderman Mlinar and unanimously carried. (1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY RICK HEIDECKER (TWO DILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the Planning Commission had no comment on the plan. Following discussion, Alderman Carls moved to uphold the Planning Com- mission's decision and send it on to the County with no comment. Mo- tion seconded by Alderman Torgerson and unanimously carried. (m) CONSIDERATION OF FINAL PLAT OF BRECHT RIVERSIDE (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Mlinar moved to refer to the County with no objection. Mo- tion seconded by Alderman Torgerson and unanimously carried. (n) CONSIDERATION OF ROADWAY BETWEEN THIRD AVENUE AND LES KOUBA PARKWAY WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to abandon maintaining the roadway joining Third Avenue and Les Kouba Parkway. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF AWARDING CONTRACT FOR LETTING NO. 11, PROJECT NO, 88-26 Following discussion, Alderman Torgerson moved to approve and award contract to Insituform Central, Inc. for $69,803 and to waive reading and adopt Resolution No. 8846. Motion seconded by Alderman Carls and unanimously carried. L CITY COUNCIL MINUTES - JULY 26, 1988 (p) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR PROJECT NO. 88-34, LETTING NO. 18 (HANGAR AT AIRPORT) Following discussion, Alderman Carts moved to approve the plans and specifications, to advertise for bids, and to waive reading and adopt Resolution No. 8835, with the City to provide the balance of the needed funds from an inter -city fund (water/sewer fund) at an interest rate currently vested and repayable from the rental fund of the hangars. Motion seconded by Alderman Mlinar and unanimously carried. (q) CONSIDERATION OF ORDINANCE SETTING CLOSING TIME FOR LIBRARY PARK AT 11:00 P.M. (REQUESTED BY ALDERMAN PAT MIKULECKY) Stanley Koci, 525 Fourth Avenue S.W., inquired what the reasoning was behind the request to close the library park at 11:00 P.M. He stated it was a meeting place for young people to gather and talk later in the evening. The majority of the youth are from surrounding areas and not from Hutchinson. Councilmen Torgerson and Mikulecky stated that the downtown residents have complained about the noise and some businessmen have had damage done to their place of business. Following discussion, Mayor Ackland suggested forming a Task Force to review the issue(s) and bring a recommendation to the Council in Novem- ber. Alderman Mikulecky moved to table agenda items 9. (q) and (r) pending the outcome of the Task Force. Motion seconded by Alderman Mlinar and unanimously carried. (r) CONSIDERATION OF ORDINANCE ESTABLISHING NO PARKING ON MAIN STREET FROM 11:00 P.M. TO 6:00 A.M. BETWEEN WASHINGTON AVENUE AND SECOND AVENUE SW (REQUESTED BY ALDERMAN PAT MIKULECKY) Tabled - See 9. (q). (s) CONSIDERATION OF APPLICATION FOR DEFERRED SPECIAL ASSESSMENT Alderman Torgerson moved to approve the deferral. Motion seconded by Alderman Carls and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on a meeting with Mr. W. R. Block re- garding a contribution for a proposed park north of the Country Club Terrace. Also, there was a meeting today with the new owner of the Victorian Inn to discuss some building code problems. 7 CITY COUNCIL MINUTES - JULY 26, 1988 It was reported that the pre -final inspection of the wastewater treat- ment plant was held this week. Any change orders are to be considered and evaluated no later than September. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated that property at 400 Lynn Road needed to be cleaned up. Also, he had received a telephone call from an individual who was concerned about boulevard trees being killed as a result of the telephone company digging on the boulevard. It was the consensus of the Council that the trees would be replaced if they died. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the Main Street Task Force and suggest- ed that the Police Chief or a police department representative be on the committee as well as some youth and business people. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported on an ordinance codification meeting held last week. The Council was presented with a Notice of Order to Fill Hazardous Excavation to be served on Melvin Klockmann to fill in a hole in his back yard. The motion was made by Alderman Torgerson to authorize the City Attorney to proceed with the Notice of Order. Motion seconded by Alderman Mikulecky and unanimously carried. The City Attorney suggested a closed meeting on the airport situation be held for the last Council meeting in August. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented that anyone who wished to serve on the Task Force should contact him. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson to approve and authorize pay- ment from the appropriate funds. Motion seconded by Alderman Mikulecky and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:42 P.M. W