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cp05-09-1972 cAGENDA HUTCHINSON CITY COUNCIL REGULAR MEETING, TUESDAY, MAY 9, 1972 1. CALL TO ORDER: 7:30 p.m. 2. INVOCATION: REVEREND HECKSELL 3. CONSIDERATION OF MINUTES OF PREVIOUS MEETING: REGULAR MEETING OF APRIL 25, 1972 4. CONSIDERATION OF CURRENT BILLS 8:00 P.M. PUBLIC"HEAR.ING: PROJECT 72-31 8:10 P.M. PUBLIC HEARING: PROJECT 72-32 5. FIRST READING OF ORDINANCE NO. 416 - ANNEXATION OF SANTLEMAN PROPERTY 6. RECEIPT OF REPORT AND ORDERING HEARING - PROJECT 72-33 (Santleman Property) 7. FIRST READING OF ORDINANCE NO. 417 - ANNEXATION OF NORTH WATER TOWER SITE 8. CONSIDERATION OF PROPOSED AMENDMENT - ORDINANCE 330, ELECTRICAL FEES 9. AUTHORIZATION OF POLICE CHIEF TO APPLY FOR REIMBURSEMENT FOR TRAINING COSTS 10. MAYOR'S APPOINTMENT TO HOSPITAL BOARD 11. PLANNING COMMISSION RECOMMENDATION - GIBSON STORES, INC. 12. CONSIDERATION OF TWO TRASH & REFUSE REDUCED RATE AFFIDAVITS 13. CONSIDERATION OF CHIEF BRODERIUS' RECOMMENDATION FOR RENTAL OF BRETHALYZER EQUIPMENT 14. CONSIDERATION OF RESIGNATION OF LUCILLE MISCAVAGE 15. CONSIDERATION OF SATERLEE CONTRACT. OLD BUSINESS 16. CONSIDERATION OF PLANS AND SPECIFICATIONS - 72 WATER AND SEWER PROJECTS 17. RECOMMENDATIONS ON PROPOSED PARKING MALL - 3RD AVENUE SW 18. ADJOURNED HEARINGS - ASSESSMENT ROLLS 41 AND 42 REPORTS 19. NURSING HO BOARD MINUTES 20. NOTICE OF ASS SED VALUE INCREASE - AIRPORT LAND 21. SAFETY COUNCIL TES APPLICATIONS 22. CIGARETTE LICENSE: PA DE STORES, INC. ADJOURNMENT REGULAR COUNCIL MEETING APRIL 25, 1972 The meeting was called to order by Mayor Kost at 7:30 p.m. Reverend Crouse delivered the invocation. Members present were: Aldermen Westlund, Linder, Black and Alrick in addition to Mayor Kost. Also present were Administrative Assistant Mealey, City Engineer Priebe and City Attorney Schantzen. Minutes of the regular meeting of April 11, 1972 were approved as submitted on motion by Alderman Black. second by Alderman Linder. The current bills were approved as submitted on motion by Alderman Linder, second by Alderman Black. (List attached) Mayor lost informed the Council that upon recommendation by the Planning Commissop and subject to confirmation by Council, Marlin Torgerson is appointed"to the Planning Commission replacing W. Vorpahl whose term is expired. Alderman Black moved that the appointment be confirmed. Alderman Alrick seconded the motion and it was carried. A recommendation from Rieke Carroll Muller for approval to advertise for bids for Phase II 'of Project 72-01 (WS-MINN-117), construction of watermains, pump and well at such time as approval is received from HUD was duly considered. Alderman Slack moved that the Consulting Engineer and Administrative Assistant be authorized to so advertise at a time convenient to DHUD. Alderman Westlund seconded the motion and it was carried by affirmative vote of all members. The planning Commission's recommendation for approval of the proposed Virgil Krsiean Plat was considered. Alderman Black moved that the plat be approved in accordance with the County Zoning Ordinance. Alderman Linder seconded the motion and it was carried. Rolling Oaks Third Addition preliminary plat was considered. On recommenda- tion by Engineer Priebe and Administrative Assistant Mealey, Alderman Black moved that the subject -be tabled pending further application of developer. Alderman Linder seconded the motion and it was carried. A proposed preliminary plat and plan of final plat was received for McDonald's Fourth Addition. Alderman Westlund moved that the City Clerk be directed to advertise public hearing to be held at the next regular meeting of the Planning Commission, May 16, 1972 at a time convenient to the Planning Commission. Alderman Alrick s conded the motion and it was carried. Engineer Priebe presented a proposed preliminar plat and plan of final plat for David Clark and recommended hearing be s t. And Black moved that the City Clerk be directed to advertise ublic hearing to be held at the next regular Planning Commission Meeting, May 16, 1972 at a time convenient to the Planning Commission. Alderman Westlund seconded the motion and it was carried. REGULAR COUNCIL MEETING General Fund April 25, 1972 Janice Kruse motor vehicle labor $ 50.44 William Wegner police reserve 124.00 Harvey Daharsh police dispatch 72.00 Dorothy Hassman police dispatch 108.00 Charles Stombaugh police reserve 16.00 D. J. Black Minn. City Manager's Assn. U. S: ',Leasing Corp. Pitney $owes Burroughs Corporation Culligan Water Conditioning Grams Insurance,,Agency McLeod Co. Sanitary Landfill Recreation Dept. Roxanne Gregor Water & Sewer Fund Wm. Karl Ralph Tucker Finley E.Mix Clyde Drahos Finley E. Mix Clifford W. Paulsen Burroughs Corporation Burroughs Corporation Westman Silo Co. Road & Bridge Fund League meeting membership dues postage meter machine rental postage meter rental supplies services for May insurance coverages balance due on contract labor labor prof. serve es Water school expenses Water school ensues Waste Water Ope ,ators School maintenance agre0ent on add.mach. supplies 1965 Chev. Truck Tractor 12.00 15.00 22.27 25.50 119.95 5.00 721.00 4,252.Z2 57 65.60 48.00 100.00 220.00 26.55 29.45 25.30 33.50 134.95 4,500.00 $ 5,117.75 Martin Dreyer snow removal labor 21.96 Gale Boelter snow removal labor 28.00 S 79--9q -2 - Off Street Parki William Pokladnik parking meter maint. 80.80 Hilda Bergs c/d payment S 136.00 Harvey Daharsh parking meter maint. 34.88 Sinking Fund #11 lst National Bank of Mpls inte f est due on $850,000. 20,738.00 ssue t Const. Acct. Dammann Const CO. final payment 567-74 Liquor Store Fund I Distillers Distb. Co. 1* uor 811.43 Johnson Bros. Co. liq or Xliquo 958.52 Ed. Phillips & Sons Co. 1,030.60 New Ulm Grocery Co. supplie 2.80 Junker Sanitation Service services 14.00 Grams Insurance Agency insurance\ 105-00 Go F. Nemitz' Sons supplies 8.95 Hutchinson Leader Inc. publication c)Rsts 6.30 Griggs, Cooper & Co. Inc. liquor 1,706.78 Johnson Bros. Wholesale Co. liquor 349-58 Ed. Phillips & Sons Co. liquor 536.30 Herb. Hoffman supplies 8.75 Anne Stoeckman, Reg. of Deeds abstract costs 13.25 Ed Hoerner purchase of liquor store 4,000.00 40,552.26 REGULAR MEETING OF CITY COUNCIL -2- APRIL 25, 1972 A recommendation by Engineer Priebe for purchase of 3000 cubic yards of Class 5 gravel at a price of $1.30 per cubic yard was considered. Engineer Priebe pointed out that this price is nineteen cents per yard less than the price paid in 1970 and that the material will be needed. After due deliberation, Alderman Linder moved that the recommendation be approved, and that Engineer Priebe be authorized to order the gravel at the price quoted. Alderman Black seconded the motion and it was carried. Mayor Kost presented a proposal from the League of Minnesota Municipalities for conduct of a study of the dram shop insurance coverage at a reasonable premium cost. The problem being that very few companies carry this kind of coverage. It is proposed that an independent insurance consultant, be engaged for the purpose of conducting the studyto consist of examination of the information available concerning the coverages provided, premiums charged and losses experienced and to develop an insurance program which would provide adequate coverage and explore alternative ways in which this coverage could be provided at reasonable cost, and finally develop a specific recommendation for a plan and its implementation. A suggested contribution schedule was submitted on the basis of 1970 net income from Municipal Liquor Operations by which the City of Hutchinson share would be $100. After due deliberation, Alderman Black introduced the following resolution and moved its adoption. Alderman Linder seconded the motion and vote being taken all members voted "ayeT1 and said resolution was declared adopted: RESOLUTION NO. 5060 AUTHORIZING PARTICIPATION IN DRAM SHOP INSURANCE STUDY (TEXT ATTACHED) Mayor Kost called for consideration of further recommendations by the Planning Commission. J. Korngeibel presented a proposed plat for the Hutchinson Industrial property in Ahren's Highland Park which would revise the original plat and reduce it to one lot. He additionally requested vacation of the portion of East Highland Park Drive North of Hackberry Avenue, all on behalf of Hutchinson Industrial Corp. Alderman Black moved that in accordance with request by Planning Commission, Hearings beet VWey�� for May 16, 1972 for the preliminary plat and plan of final platjandlor vacation of a portion of East Highland Park Drive at a.time convenient to the Planning Commission. Alderman Westlund seconded the motion and it was carried. \ Planning Commission's recommendation that Mayor Kost's re est for special use.permit to construct a combination office -apartment building at the Northeast corner of Third Avenue and Hassan Street be approv d. Mayor Kost elaborated on his plan for the building which will be in acco�dance with the provisions of Ordinance 245. After due consideration, Alderman Linder moved that the special use permit be granted as outlined and recommended. Alderman Westlund seconded the motion and it was carried. COUNCIL MEETING - 3 - APRIL 25, 1972 Alderman Black informed the Council that several applicants were scheduled for interview for the vacancy in the Water Department and requested authority to hire a man subject to ultimate approval by Council. Alderman Linder moved that such authority be granted. Alderman Westlund seconded the motion and it was carried. On the subject of the proposed vacation of Third Avenue SW for construction of a parking mall, Alderman Black reiterated his statements to the Planning Commission that it would be well to get an Attorney5ft&Adlftllc 4w_ on it. He pointed out that in most instances where city streets have been vacated for pedestrian or parking use, the city retains title to the property so that its use is restricted to the intended purpose and cannot at some -future time be converted to undesirable purposes and that if needs change, the City still has control without going through condemnation procedures. Alderman Black recommended that this procedure be followed and agreed to have an Attorney General's opinion to present to Council at the earliest possible time. Recommendations from the Chairman of the HRA. were received and considered as follows: Begin proceedings for vacation of Glen Street from the South line of lot 10, Block 29, South half City, to the North right of way line of Third Avenue Southwest as required for the plan approved for construction of low rent housing for elderly on the site of the old hospital; That proceedings be initiated for amendment of Ordinance No. 245 to eliminate the height restriction for buildings constructed or controlled by any operat- ing agency of the City of Hutchinson, State of Minnesota, County of McLeod, Independent School District or any other governmental subdivision; Rezoning of lots 9 through 6, Block 29, South Half City from R-1 residential; to R-2, multiple dwelling for the same purpose; and further that authority be given to the Mayor and Clerk to give option to the proper agency to purchase the old hospital site for a price not less than the appraised value of $96,000.00. It was the concensus that these requests have been well discussed and agreed upon in principal through meetings with HRA and that in view of the announce- ment of approval of the City's request for federal funds for construction of the low rent elderly apartment building, it would,be well to establish the basic requirements for the selected site. Therefobe, Alderman Black moved that the City Clerk be directed to advertise public hearings as required by ordinance and City Charter to be held before the Planning Commission at a convenient hour on May 16, 1972. Alderman Westlund seconded the motion and it was carried. Administrative Assistant Mealey reported on negotiations and preparations to exercise option to purchase the building housing the Municipal Liquor Store. After due deliberation, Alderman Alrick moved that the City Clerk be directed to issue a check in the amojnt of $35,000 from Municipal Liquor Store funds for purchase of the building. Alderman Black seconded the motion and it was carried. REGULAR COUNCIL MEETING - 4 - APRIL 25, 1972 At 8:00 P.M. Mayor Kost called to order public hearing for assessment roll no. 41 as duly advertised, and asked if anyone was present to be heard concerning the proposed assessment for installation of watermain, project 71-03. Three persons were present for the hearing and no objections to the proposed charges were forthcoming. Administrative Assistant Mealey advised the Council that meetings with the property owners have been held and that the roll as originally prepared has been adjusted to conform to correct property lines which were in question. He further stated that the revised costs would be mailed to the property owners forthwith and recom- mended,.that the adoption of the roll be post poned pending response by those affected by the changes. Alderman Black moved that the hearing be adjourned to the next regular Council meeting. Alderman Westlund seconded the motion and it was carried. At 8:15 p.m. Mayor Kost called to order public hearing for assessment roll no. 42 as duly advertised and announced that any person who so wished would be heard at this time. Approximately 21 people were present. 7& uod Administrative Assistant Mealey reported on Roll Ndi� 88, Willis A. Buss and stated that this property was previously served as a corner lot. He asked that a policy statement be made concerning water and sanitary sewer service to corner properties and whether it is valid to assess on the same basis as for street surfacing, and what would be the policy in the event of service established on two sides of a property at the same time. Extended discussion followed and the question was referred to City Attorney Schantzen who said that once a property is assessed for water and sewer services, no further benefit can accrue to that property. Alderman Black then introduced the following resolution and moved its adoption. Alderman Westlund seconded the motion and there being no further discussion, vote was taken and all members voted "aye" whereupon said resolution was declared adopted: RESOLUTION NO., 5061 ESTABLISHING POLICY FOR ASSESSING CORNER LOTS FOR WATER AND SEWER INSTALLATION 70 & nd Alderman Westlund then moved that roll noSA 88, Lot 16, Hanson's Addition, Willis A. Buss be deleted from the assessment roll. Alderman Black seconded the motion and it was carried by affirmative vote of all members. Seven property owners from Shady Ridge were present to question the basis on which their assessments for sewer and water were made.' They referred to the meeting of April 12, 1971 at which time it had been agreed to assess the work on the basis of equal distribution among 18 property owners. Engineer Priebe explained that the proposed distribution of costs hAd been based on 20 lots rather than 18 because a number of people in the aria had changed their minds about the equity of distribution of charges. John Horrocks reviewed the many informal meetings which have been held on this subject over the past two years and stated that there is considerable confusion among the property owners as to why and how the computations were made as presented. RESOLUTION NO. 5061 ESTABLISHING POLICY FOR ASSESSING CORNER LOTS FOR WATER AND SEWER INSTALLATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That in cases where water or sewer improvements are made and the installation of the mains is made so that the mains are extended past both sides of a corner lot and the installation is made in the course of one project,.the assessment shall be calculated in the following manner: The sides shall be measured in linear feet and the measurement of both sides shall be added and an average of the two sides shall be struck. The assessment to the lot shall then be calculated by multiplying the assessment per front foot by the average so struck. Adopted by the City Council this 25th day of April, 1972. Don 0. Rost, Mayor Thomas E. Mealey, City Clerk REGULAR. COUNCIL MEETING - 5 - APRIL 25, 1972 Mayor Kost stated that although a projected price had been agreed upon, it was only an estimate and that it would have been impossible for the City to guarantee a price in advance. Engineer Priebe stated that the most economical plan had been used and that the final computations included the hook up charges which had not at first been included. Further, that if the original price had been adhered to, the hook-up charges would have been additional as well as additionally expensive with the passage of time. K. Anderson remarked that they had agreed to put in their own hook ups and Engineer Priebe replied that it worked out to be less expensive this way, including the hook-ups in the original construction. Mayor Kost, after further discussion, informed the Shady Ridge people that further study would be made and additional information would be made available at the next Council meeting. The property owneb%r� listed in Section I -D of the proposed assessment roll were present to prottest the extensive charges due to oversize lots on High Street and 4th Avenuesh. It was the concensus of the Council that for so few property owners perhaps a way could be found to alleviate some of the charges, particularly on` ots not served. Considerable discussion was held on individual circumstance and Engineer Priebe was directed to determine whether a redistribution of osts might be computed. Administrative Assistant Meal reported on roll numbers 261, 262, 266 and 267, sewer and water to Lots 3 d 4, Jacobsen's Lakeview subdivision owned by Gladys Sneesby and Elva orton who were present at the hearing. There are two platted lots, the mo t northerly lot (4) drops steeply to the river and the house is built on bot lots so that there is no possibility for building another house on the pr erty. It was recommended that in accordance with past policy, holdings so built as to be not divisible for additional building should be treated one unit and assessed as one lot. Engineer Priebe concurred with this rec mendation. After due deliberation and discussion with the property owners, lderman Linder moved that the recommendations be approved as presented. lderman Black seconded the motion and it was carried. Mayor Kost stated that no further decisions canbe made at this time pending additional recommendations by City Engineer. Al rman Black moved that the hearing be adjourned to the Mayor's call. Alderma Westlund seconded the motion and it was carried. The hearing was declare .adjourned at 9:46 p.m. A report and recommendation by D. Skaar, Director of Bans, concerning summer marching and concerts was received and considered. Alderman Linder moved that the marching band be retained as a "City Band" during the summer months, that the park concerts be abandoned for lack of general interest. Alderman Black seconded the motion and it was carried. Is REGULAR COUNCIL MEETING - 6 - APRIL 25, 1972 Sewer charges to Mid -America's Hutchinson plant were considered. A letter from them stating that $500 per month would be an equitable charge until the plant becomes more stable, was received. It was the concensus that the suggested charge is equitable and Alderman Linder moved that they be so billed, the matter to be reviewed annually. Alderman Black seconded the motion and it was carried. Engineer Priebe's recommendations concerning 72 improvement projects was studied and considered in detail. Having completed study of the list, Alderman Black introduced the following resolution and moved its adoption. Alderman Westlund seconded the motion. There being no further discussion, vote was taken and all members voted "aye" whereupon said resolution was declared adopted as follows: RESOLUTION NO. 5062 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS 1972 Projects Minutes of the Safety Council meeting were received for filing without comment. Applications for 3.2 beer on and off sale licenses were received. Alderman Alrick moved they be approved subject to payment of applicable fees. Alderman Linder seconded the motion and it was carried. (list attached) A discussion of the need for burning certain vegetable materials at the tree dump was initiated by Administrative Assistant Mealey. Alderman Black moved that authorization be granted to burn accumulated matter at the site as required. Alderman Westlund seconded the motion and it was carried. Engineer Priebe reported that the developers of Hilltop and Westview Acres have requested extension of sewer and water services to their new_plats. --- The matter was considered in accordance with previously received recommenda- tions and Alderman Westlund introduced Resolution No. 5063 and moved its adoption. Alderman de Linr seconded the motion and upon vote being taken all members voted "aye" and said resolution was declared adopted as follows: RESOLUTION NO. 5063 ORDERING PREPARATION OF REPORT PROJECTS 72-31 AND 72-32 t Engineer Priebe then presented to the Council for consideration\the computa- tions he had prepared for the work on the foregoing projects. This report was received and duly considered after which Alderman ]Kinder introduced Resolution No. 5064 and moved its adoption. Alderman Westlund seconded the motion and upon vote being taken all members voted "aye" and said resolution was declared adopted as follows: RESOLUTION NO. 5064 RECEIVING REPORT AND ORDERING IMPROVEMENT PROJECTS 72-31 AND 72-32 REGULAR COUNCIL MEETING - 7 - APRIL 252 1972 A preliminary report was received on the need for trunk watermain (811) from Hassan Street to T. H. 22 on Oakland Avenue with future extensions along T. H. 22. It was recommended that this work be done before the improvement of Oakland Avenue. After due deliberation, Alderman Linder introduced Resolution No. 5065 and moved its adoption. Alderman Black seconded the motion. There being no further discussion, vote was taken and it was found that all members present voted "aye" wherepon said reso- lution was declared adopted as follows: RESOLUTION NO. 5065 ORDERING PREPARATION OF REPORT PROJECT NO. 72-36 Administrative Assistant Mealey presented form of lease to Crow River Country Club for its use of the one acre of land acquired by the City of Hutchinson for construction of water tower, along with City Attorney's recommendation for approval. After due deliberation, and in consideration of prior concensus, Alderman Alrick moved the Mayor and Clerk be authorized to enter into said ]ease agreement with the Crow River Country Club as recommended. Alderman Buck seconded the motion and it was carried. C�There being no further business before the Council, the meeting was adjourned 1:15 p.m. y Engineer Priebe made a preliminary b,,erbal report to the Council concern- ing need for water facilities to the SantYe'man property and discussion followed concerning alternate routes. Aldeiinan Black then introduced the following resolution and moved its adoption.\ Alderman Linder seconded the motion. Vote being taken, all members present\,voted "aye" and said resolution was declared adopted. RESOLUTION NO. 5066 ORDERING PREPARATION OF REPORT - PROJ$CT 72-33