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06-27-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 27, 1989 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, Consultant Engineer Marlow V. Priebe 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 (hearing) of May 10, 1989, Board of Re- view minutes of May 24, 1989, regular meeting of June 13, 1989, special meeting of June 19, 1989 and bid opening minutes of June 20, 1989 were ap- proved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1989 2. PLANNING COMMISSION MINUTES OF MAY 16, 1989 3. HRA MINUTES OF MAY 16, 1989 ` 4. POLICE COMMISSION MINUTES OF JUNE 14, 1989 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF PLAQUES TO AFS STUDENTS Mayor Ackland presented plaques to the 1988-89 AFS students Juliana Nacif, Brazil, and Luis Duran, Spain. (b) REQUEST BY PROPERTY OWNERS TO INSTALL CURB AND GUTTER ON GRAHAM STREET Consultant Engineer Priebe commented on past City policy regarding pri- vate construction of curb and gutter. He stated the policy has been that the property owner(s) would be required to pay the engineering fees up to 10%; if they have someone use the City plan and stake it, CITY COUNCIL MINUTES - JUNE 27, 1989 the charge would be 5%, if the City crew stakes it, the charge would be 10%. Following discussion, Alderman Torgerson moved to approve Jim Hanson installing curb and gutter at the property locations of 601, 602 and 603 Graham Street. Motion seconded by Alderman Carls and unanimously carried. (c) CONSIDERATION OF REQUEST BY CHRIST THE KING LUTHERAN CHURCH TO USE LIBRARY SQUARE FOR CHURCH RALLY ON SEPTEMBER 10, 1989 The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to approve the request. (d) STATUS REPORT ON LEASE AGREEMENT FOR YOUTH CENTER Inasmuch as the City Attorney was still in the process of preparing the lease agreement, this item was deferred to the next Council meeting. (e) REQUEST FROM PURE CULTURE PRODUCTS, INC. FOR TEMPORARY STREET CLOSING ON ADAMS STREET Following discussion of the temporary closing on a designated section of Adams Street for July 19, 1989 from 1:00 to 4:00 P.M., Alderman Carls moved to approve the request. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 89-01, SECOND SERIES - AN ORDINANCE ADOPTING A REVISION AND CODIFICATION WITH CERTAIN ADDITIONS AND DELETIONS, OF ALL ORDINANCES OF THE CITY OF HUTCHINSON, MINNESOTA The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to waive second reading and adopt Ordi- nance No. 89-01. (b) RESOLUTION NO. 9021 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt Resolution. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SELECTING SHORT-ELLIOTT-HENDRICKSON AS ARCHITECTURAL FIRM TO PREPARE STUDY ON REMODELING OR REPLACEMENT OF CITY HALL WITH RECOMMENDATION FROM SUB -COMMITTEE (DEFERRED JUNE 13, 1989) City Administrator Platz reported the sub -committee recommended Short - Elliott -Hendrickson as the architectural firm to do the City Hall study. Following discussion, Alderman Torgerson moved to approve the 2 CITY COUNCIL MINUTES - JUNE 27, 1989 recommendation and execute an agreement with Short -Elliott -Hendrickson as the architectural firm. Motion seconded by Alderman Mlinar and car- ried unanimously. (b) CONSIDERATION OF AWARD FOR SECTION II FOR WATER TREATMENT FACILITIES FILTER REHABILITATION AND CONTROL SYSTEM MODIFICATION PROJECT (DEFERRED JUNE 13, 1989) Mr. Chuck Barger of RCM recommended the City award the Section II con- tract to Quade's Inc. and use Consolidated Electric Co. equipment, with an increased cost of $5,000. Following discussion, Alderman Carls moved to approve and enter into contract as recommended by the consultant. Motion seconded by Alder- man Mlinar and unanimously carried. (c) CONSIDERATION OF PRELIMINARY COST ESTIMATE FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES FOR DOWNTOWN WATER SERVICES AND SPRINKLING BY DONOHUE & ASSOCIATES (DEFERRED JUNE 13, 1989) Consultant Engineer Priebe reported Phase I of the Donohue preliminary study would cost $4,500. The revised costs for Part II had increased. Following discussion, Alderman Mlinar moved to approve and enter into agreement with Donohue & Associates, with clarification of wordage that the City could stop after Phase 1 and would not have to enter into Phase(s) II and III. Motion seconded by Alderman Mikulecky and unani- mously carried. (d) CONSIDERATION OF WAIVING BUILDING PERMIT FEE FOR RCM PROJECT 14007.01 (DEFERRED JUNE 13, 1989) It was reported that the specifications included the building permit fee; therefore, the bidder would pay the building fee. Alderman Mikulecky moved to approve and waive fee. Motion seconded by Alderman Torgerson. Following discussion, Mikulecky and Torgerson withdrew their motion and second respectively. Alderman Torgerson moved to reject. Motion seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Alderman Mikulecky moved to discontinue service at noon on July 3 unless other arrangements had been made. Motion sec- onded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF CROW RIVER ARTS GUILD GRANT 3 CITY COUNCIL MINUTES - JUNE 27, 1989 The Crow River Arts Guild presented a grant proposal to the Council. The terms of the grant were a 50/50 cost share for a three year period commencing in 1990, with the total City outlay being $30,000, to estab- lish a fine arts program within the park and recreation department. Following discussion, Alderman Mlinar moved to approve the request for $10,000 per year over a three year period and designate the Crow River Arts Guild as the official organization for arts. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF AGREEMENTS WITH GREEN THUMB PROGRAM AND WORK STUDY WITH TECHNICAL INSTITUTE OF HUTCHINSON FOR SUBSIDIZED EMPLOYMENT Following discussion, Alderman Carls moved to approve and enter into agreements. Motion seconded by Alderman Mlinar and unanimously car- ried. (d) CONSIDERATION OF AWARDING BID FOR MID-SIZE VAN Following discussion, Alderman Carls moved to approve purchase of a used 1989 van for $12,659 from Plowman's, Inc. and enter into contract as recommended by Supervisor Doug Meier. Motion seconded by Alderman Mlinar and unanimously carried, (e) CONSIDERATION OF ABOLISHING COMMUNITY SERVICES OFFICER POSITION AND ESTABLISHING AN ADDITIONAL PATROL POSITION IN POLICE DEPARTMENT Following discussion, the motion to approve was made by Alderman Carls, seconded by Alderman Mikulecky and unanimously carried. (f) CONSIDERATION OF PHYSICAL FITNESS PROGRAM POLICY FOR POLICE DEPARTMENT The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the policy. Following discussion of granting a reward of 10 hours comp. time to each officer who attained a superior score per the six month evaluation period, Alderman Mikulecky amended the motion to delete item No. 5 from the policy. Amended motion seconded by Alderman Torgerson and failed unanimously. Main motion unanimously carried. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DALE RANNOW TO CONSTRUCT A GARAGE IN FLOOD FRINGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar to approve the permit and waive reading and adopt Resolution No. 9022. Motion seconded by Alderman Carls and unanimously carried. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL TO MOVE IN MODULAR UNIT FOR DANCE STUDIO WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 4 CITY COUNCIL MINUTES - JUNE 27, 1989 Following discussion, Alderman Torgerson moved to approve permit and to waive reading and adopt Resolution No. 9023. Motion seconded by Alder- man Mlinar and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAN HUDSON TO CONSTRUCT DRIVE THRU WINDOW AT "SUBWAY" RESTAURANT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion of the City Attorney drafting an agreement for the street right of way, Alderman Mikulecky moved to approve permit and to waive reading and adopt Resolution No. 9024. Motion seconded by Alder- man Carls and unanimously carried. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CAR WASH AT 690 SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve permit and to waive reading and adopt Resolution No. 9025. Motion seconded by Alder- man Mikulecky and unanimously carried. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVE ROSSMAN FOR ADDITION TO GARAGE AT 604 HASSAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve permit and to waive reading and adopt Resolution No. 9026. Motion seconded by Alder- man Mikulecky and unanimously carried. (1) CONSIDERATION OF FAVORABLE RECOMMENDATION BY PLANNING COMMISSION TO ADOPT FLOOD PLAIN ORDINANCE WITH CODIFICATION Following discussion, Alderman Mlinar moved to approve, Motion sec- onded by Alderman Mikulecky and unanimously carried. (m) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT GRANTED TO TECHNICAL INSTITUTE OF HUTCHINSON FOR PORTABLE TRAINING UNITS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the extended conditional use permit. Motion seconded by Alderman Carls and unani- mously carried. (n) CONSIDERATION OF RECYCLING SPECIFICATIONS During discussion, it was determined that Precinct 4 would be used as the pilot area for the six-month curbside recycling test program. Alderman Carls moved to refer this item to the City Attorney to prepare a document with D.J. Enterprises for the July 11 Council meeting. Mo- tion seconded by Alderman Mlinar and unanimously carried. 5 CITY COUNCIL MINUTES - JUNE 27, 1989 (o) REVIEW OF CORRESPONDENCE FROM CITY ATTORNEY CONCERNING CONSTRUCTION ANALYSIS MANAGEMENT Attorney Anderson reported on his listing of problems with Construction Analysis Management concerning the new police station. An expert in professional construction services (Delpro Corporation) had reviewed the management of C.A.M. and presented an analysis. Following discussion, Alderman Torgerson moved to authorize the City Attorney to enter into negotiation with C.A.M. regarding the Gopher State contract and request C.A.M. to pay all of the City's damages. Motion seconded by Alderman Mikulecky and unanimously carried. (p) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 5, BLUFF STREET PROJECT Following discussion, Alderman Carls moved to approve the preparation of Assessment Rolls No. 252, No. 253, and No. 254, hold a public hear- ing on July 26, 1989 at 7:00 P.M. in the Jr./Sr. High School Cafeteria, and to waive readings and adopt Resolutions No. 9027-9032. Motion sec- onded by Alderman Torgerson and unanimously carried. (q) CONSIDERATION OF FIXED BASE OPERATOR AGREEMENT WITH TOM PARKER Following discussion concerning item No. 5 in the agreement, it was the consensus of the Council to delete it at this time and review the re- quest for a separate entrance in six months. Alderman Mikulecky moved to approve and enter into an agreement with Tom Parker, with the deletion of item No. 5. Motion seconded by Alder- man Mlinar and unanimously carried. (r) CONSIDERATION OF INSURANCE RENEWAL Mr. Dennis Potter, agent for Insurance Planners, presented a report on property and casualty renewal and workers compensation. Following dis- cussion, Alderman Torgerson moved to renew the various insurance con- tracts for 1989-90. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated that Dave Mooney was being nominated to the Minnesota Amateur Baseball "Hall of Fame." Therefore, it was re- quested that the Council adopt a Resolution of Appreciation for Dave Mooney as Nominee. Alderman Carls moved to adopt Resolution No. 9033. Motion seconded by Alderman Mlinar and unanimously carried. It was reported that the annual City picnic will be held on August 23. L CITY COUNCIL MINUTES - JUNE 27, 1989 (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls inquired about the reference to title for City Council members in the new City Code Book. Upon being informed it was "Coun- cil Member," he requested new name plates for the Council table. Alderman Carls reported he had received feedback from the County re- garding roofing and siding permits. Following discussion, it was re- quested that the Building Official prepare a report to address this is- sue. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented about the building construction underway. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson requested the Consultant Engineer to contact Mr. Gilbertson at 385 Connecticut Street regarding when the street will be completed. It was noted that the mosquitoes were increasing greatly. The question was raised by Alderman Carls as to how the mosquito spray affected bird life. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky mentioned that the sodding along Third Avenue which was laid last year needed to be watered. (f) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported the Midwest Trailer Court owner had contacted him regarding moving trailers into the park. The owner was informed that he must meet all rules and regulations to comply before any trailers could be moved into the park. (g) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOW V. PRIEBE Consultant Priebe reported that the proposed curb and gutter at the Pet Hospital could be installed, without building additional catch basins, at an estimated cost of $3,400. It was suggested that this amount be taken out of the downtown parking fund. Alderman Torgerson moved to approve the project and take funding out of the downtown parking monies. Motion seconded by Alderman Mikulecky and unanimously carried. Engineer Priebe stated that letters were mailed to affected property owners concerning the sidewalk on South Grade Road from T.H. 15 to Dale Street. Only three property owners on Keith Street responded that they CITY COUNCIL MINUTES - JUNE 27, 1989 would give the City an easement. The Engineer stated that if there was no easement along South Grade Road, the boulevard trees would be removed and the sidewalk placed on the boulevard right-of-way. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.K. 9