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11-28-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 28, 1989 1. The meeting was called to order at 7:80 P.M. by Mayor Ackland. 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 and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold Kelm. 3. MINUTES The minutes of the regular meeting of November 14, 1989 were approved as amended. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1989 2. SENIOR ADVISORY BOARD MINUTES - OCTOBER 18, 1989 3. PLANNING COMMISSION MINUTES - OCTOBER 17, 1989 (b) SNOW REMOVAL PERMIT - DICK EVERT, JR. The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to order the report and minutes filed and issue permit. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT ON CELEBRATE 1990 TRAIL SYSTEM BY PARKS AND RECREATION DIRECTOR Director Dolf Moon showed a video of the completed Luce Line Trail. (b) REQUEST BY MINNESOTA ARMY NATIONAL GUARD FOR STREET LIGHTS) ON HWY. 22 SOUTH IN FRONT OF ARMORY The motion was made by Alder -man Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and refer to the Utilities. (c) UPDATE BY BUILDING OFFICIAL REGARDING CLEAN-UP EFFORTS BY D.J. ENTERPRISES The Building Official presented a written report on D.J. Enterprises. No action was taken. 1 CITY COUNCIL MINUTES - NOVEMBER 28, 1989 (d) REQUEST FOR PERMISSION TO POST "FLEA MARKET" SIGN IN LIBRARY SQUARE Following discussion, Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 89-11 - AN ORDINANCE IN THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (ANNEXATION OF MCDONALD PROPERTY) The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to waive second reading and adopt Ordi- nance No. 89-11. (b) ORDINANCE 10. 89-12 - AN ORDINANCE IR THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (ANNEXATION OF HANSEN PROPERTY) The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive second reading and adopt Ordinance No. 89-12. (c) ORDINANCE NO. 89-13 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MN, AMENDING CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING A PROVISION RELATING TO THE FUNDS, ACCOUNTING AND PAYMENT OF ACCOUNTS OF THE NURSING HOME BOARD; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to waive second reading and adopt Ordinance No. 89-13. (d) RESOLUTION N0. 9134 - TRANSFERRING $50,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Carls, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF QUIT CLAIM DEED WITH R & T COMPANY (DEFERRED 11-14-89) Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar and unanimously carried, to approve and enter into agreement. 2 I CITY COUNCIL MINUTES - NOVEMBER 28, 1989 (b) DISCUSSION OF TRUCK TRAFFIC ALONG MCLEOD AVENUE AND SIXTH AVENUE N.E. TO/FROM BREMIK CONCRETE COMPANY Mr. Marty Barnes, Manager of the Bremix Concrete Company, reported that there would be no truck traffic on Sixth Avenue between 10:00 P.M. and 6:00 A.M. This action would reduce the traffic about 40% by using Hwy. 7 during this period of time. Following discussion, Alderman Carls moved to direct the City Adminis- trator to inform the petitioners that traffic would be reduced by 40%, with no loads hauled on Sixth Avenue N.E. between 10:00 P.M. and 6:00 A.M., and that next summer there would be heavy traffic because of Hwy. 7 East construction project. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF PROPOSED TEMPORARY ROUTE FOR DESIGNATED MULTI-PURPOSE RECREATIONAL TRAIL (DEFERRED NOVEMBER 14, 1989) Following discussion, Alderman Torgerson moved to approve the temporary route as set up within a two-week timeframe while other preparations are being made for the railroad right-of-way. Motion seconded by Ald- erman Mikulecky and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to discontinue service at noon on Decem- ber 4 unless other arrangements had been made. (b) CONSIDERATION OF FINAL PAYMENT FOR WASTEWATER TREATMENT PLANT TO ROBERT L. CARR CO. AND ARCON INC. AND UPDATE BY PROJECT ENGINEER GEORGE MACDONALD OF DONOHUE & ASSOCIATES Engineer George MacDonald reported the projects had been brought to a close for Robert L. Carr Co. and Arcon Inc. They met the July 1, 1989 operation deadline and had gone through a one-year certification with the State. Following discussion, Alderman Mikulecky moved to approve the final payment. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF RAILROAD CROSSINGS LEASES BETWEEN CITY OF HUTCHINSON AND DAKOTA RAIL, INC. The City Attorney reported that an agreement was reached with Dakota Rail; however, the State of Minnesota must approve it before any agree- ments are signed. Following discussion, Alderman Torgerson moved to table until a clearer 3 CITY COUNCIL MINUTES - NOVEMBER 28, 1989 picture is available of the railroad crossings situation. Motion sec- onded by Alderman Mikulecky and unanimously carried. (d) CONSIDERATION OF TEMPORARY SIGN PERMIT FOR BROWN'S GREENHOUSE TO ADVERTISE CHRISTMAS TREES The motion was made by Alderman Mlinar, seconded by Alderman Carls and unanimously carried, to approve the sign permit. (e) CONSIDERATION OF FULL-TIME CANINE PROGRAM AT POLICE DEPARTMENT Following discussion, Alderman Mlinar moved to defer to the budget meeting. Motion seconded by Alderman Mikulecky and unanimously car- ried. (f) CONSIDERATION OF CONDUCT POLICY FOR ELECTED OFFICIALS Following discussion, the City Attorney stated he would prepare a policy for review at the next Council meeting. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON SCHOOL DISTRICT (WEST ELEMENTARY) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the condi- tional use permit and waive reading and adopt Resolution No. 9135. Motion seconded by Alderman Mikulecky and unanimously carried. (h) CONSIDERATION OF SKETCH PLAN SUBMITTED BY SAN MONTGOMERY (TWO MILE RADIUS) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to reject the sketch plan for the reasons given by the Planning Commission. Motion seconded by Alderman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that John Rodeberg had accepted the City Engineer position, with a starting date of January 29, 1990. The Council was informed that the firm of Short -Elliott -Hendrickson had completed its feasibility study of City Hall and the old fire station and was ready for a presentation to the City Council. It was the con- sensus of the Council to set a meeting for December 11, 1989 at 5:00 P.M. Administrator Platz stated he had obtained the prices to haul news- papers, and it would be discussed at the budget meeting. 4 41 CITY COUNCIL MINUTES - NOVEMBER 28, 1989 It was reported that Linda Heaton had called the City Administrator re- garding the sale of wine and possibly other specialty liquors at her bed and breakfast establishment, Discussion followed whether she com- plied with the City ordinance and if this could be done in a residen- tial area. The question was raised whether the Council wished to meet on December 26, the day after Christmas, It was the consensus of the Council to cancel the second meeting in December and hold the organizational meet- ing on January 2, 1990. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls moved to rescind Resolution No. 7515, adopted September 13, 1983 which prohibited the purchase of Soviet -made liquor, by adopt- ing Resolution No. 9136. Motion seconded by Alderman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported he would be meeting with the new City Council member to review procedures, etc. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize payment from the ap- propriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 P.M. 5