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10-28-1986 CCME MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 28, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikulecky and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the bid openings of October 13 and 21, 1986 and regular meet- ing of October 14, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1986 2. LIBRARY BOARD MINUTES OF OCTOBER 6, 1986 3. NURSING HOME BOARD MINUTES OF SEPTEMBER 25, 1986 4. PLANNING COMMISSION MINUTES OF SEPTEMBER 16, 1986 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the minutes and report filed. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) MN/DOT HIGHWAY 15 SOUTH IMPROVEMENT - PROJECT NO. 87-06 Mayor Ackland adjourned the meeting at 8:00 P.M. to reconvene in the City Hall Auditorium at 8:10 P.M., at which time he read Publication No. 3626. Mr. Gene Setrum of MN/DOT reviewed the background of the 1984 plan for the Highway 15 South improvement project which had been presented to the Council for approval and some changes were subsequently made. He then commented on the revised plan and showed on the wall map where entrances and turn lanes would be added. Mr. Setrum explained the method for determining the City and State costs for the project. He reported the project would be let for bids in July 1987 and start construction in 1988. Mr. Dick Lennes, representing HAVTI, asked which streets would be closed during construction and the accessibility to various areas. He was told there might be a two-week period during which the road would be closed; however, there would be access by some other means. 1 N CITY COUNCIL MINUTES - OCTOBER 28, 1986 Atty. Bill Haas, 102 Main Street South, questioned how Main Street would be rated after it was resurfaced. He was told it would become a 10 -ton roadway. Mr. Haas then asked if the character of the road would be changed or just have a different surface. MN/DOT responded that the street width would remain the same, ie., a two lane roadway. At pres- ent the downtown area is restricted to seven ton, but it would become a 10 -ton street and increase the load capacity. Atty. Haas then ques- tioned if there were a need to resurface the street other than to do the project. He felt the surface was adequate at the present time and did not need to be resurfaced. Mr. Setrum pointed out there would be a gap that would not allow the trucks to move through town. MN/DOT did not want to come back in a few years to complete a small stretch of roadway. Mr. Haas stated Seventh to Fifth was for truck traffic. It was his opinion that the road was being upgraded for service of the highway and not for the benefit of the area or property owners. He, therefore, did not favor the resurfacing of the Main Street area be- cause it was not for the benefit of the property owners in that area, but rather to move the traffic on Highway 15 South. Mr. Setrum stated there would be a three inch overlay which would re- sult in reducing the shoulder width by one foot. Without replacing part of the surface to get back to the original grading, DOT would lose the line of the roadway across the curb and gutter. Mayor Ackland stated that the City Council was not in favor of the Main Street project, but they also did not want to see the Main Street area done five years from now. Atty. Haas remarked the City would have to prove a need and benefit if the project was questioned. The improvement was to the commercial property to the south. It could not be considered a City street or residential street but rather a highway designed to service the entire City. Therefore, it was not unreasonable to ask the entire City to pay for the assessment. City Engineer Priebe reported he had broken down the project into nine different letters to address the individual property owner's situation. An unidentified lady inquired if the City would assess for benefit to the property owner. Six months out of the year she cannot use her front lot due to no parking. Also, the City snow plows blow snow back onto the sidewalk so that it has to be cleaned frequently. The highway did not benefit her, but the alley was her main roadway for traveling. She also inquired about the plans for a by-pass around the City. Engineer Priebe commented the State abandoned the by-pass in 1967. Mr. Mark Keehr, 726 Main Street South, stated he had a tree that might be removed because of the project and wondered if it would be necessary to take it out. He questioned if the road had to be widened at that point. Mr. Keehr commented on the Highway 7 West project and asked if 2 CITY COUNCIL MINUTES - OCTOBER 28, 1986 reducing the speed on the Highway 15 South curve would be considered. Mr. Gene Setrum reported the first two trees on the corner would be affected by the construction. The design speed would come down to 30-35 m.p.h. because of the restrictions put there. Ms. Janel Reiter, Hutchinson Mall Coordinator, inquired what provision would be made to continue the traffic flow to and from the Mall. She also asked what portion would be Mall expense. Mr. Setrum stated that alternate traffic routes would be provided. A frontage road and construction of lanes would be considered. City Engineer Priebe remarked that the cost had not been determined. The final cost to the City would be relative to the area, and the sub- division agreement with Developers Diversified regarding what portion can be assessed will be reviewed. He stated the assessment hearing would be held after the State had taken bids and notified the City of its costs for the project. They would not be acquiring any new right- of-way for building. Mr. Mary Gieseke of MN/DOT commented the street would be in better con- dition than before when it is used for a service road. Mr. Roger Lund, a representative of Edna Lund at 1016 Hwy. 15 South, commented that no sidewalk was previously mentioned. He wondered what benefit the sidewalk would be when people walk on the other side of the road. He questioned why the sidewalk wasn't on the median. An unidentified lady stated she owned property from South Grade Road to the Mall entrance. She wondered who would clean off the snow from the proposed sidewalk. A gentleman who lived on Main Street South asked for a reason to widen the street and go around the bend on Main Street. The proposed street would cut into the existing service road. He pointed out that the speed limit drops from 40 m.p.h. to 30 m.p.h. in this area. He felt the street was wide enough and did not want his frontage reduced. At present the snow plow throws slush up onto his house. It was his sug- gestion to slow down the traffic. Mr. Setrum responded the intent of the design was to slow the traffic down by dividing the traffic. The speed is based on the car ahead of it. He stated there was no problem on the curve after Seventh Avenue to Franklin Street for passing, other than the speed limit. The new bridge would reduce the amount of truck traffic through the downtown area. Ms. Darlene Murphy, 827 Main Street South, reported she was losing a street due to the highway design and questioned if this could be done. She would have a boulevard but no street. 3 CITY COUNCIL MINUTES - OCTOBER 28, 1986 Mr. Mark Schnobrich, City Forester, asked if the trees could be saved by eliminating the median. He also inquired if the trees involved at the South Grade Road and Century Avenue medians would be removed or saved. Mayor Ackland inquired if at one time the plan had been to have an entrance onto the highway at Echo Drive. He felt it would take the pressure off the intersection. Engineer Priebe reported the plan was removed to eliminate the purchase of property, but perhaps it could be done at a later date. Mr. Bob Evans, 516 Main Street South, stated he had owned his property for 30 years. He did not use Main Street. He had a car totaled out that was parked in front of his property. Mr. Evans complained about snow removal along Main Street. He asked what would be involved in the reconstruction of the street and if he would be assessed. City Engineer Priebe explained state aid streets and funding available for the cost of the project. Mr. Tom Nelson commented he felt it was a good project. Regarding the cemetery outlet, he thought the traffic should be considered. Also, the crowning in the road created a problem. The road would have to be improved to be a 80,000 pound roadway. Mr. Nelson stated the City would be wasting money not to do the road properly and extend the proj- ect to Main Street South. Following extensive discussion, Alderman Mlinar moved to close the hearing at 10:16 P.M. Motion seconded by Alderman Torgerson and car- ried unanimously. No action was taken on the project. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN BUSINESS ASSOCIATION REGARDING SPECIAL EVENTS IN LIBRARY SQUARE DURING HOLIDAY SEASON Ms. Carol Haukos outlined the proposed special events for the holiday season to be held in Library Square and the cost for each event. She requested approval from the City to allow the events to take place in Library Square, to have the Parks and Recreation Department coordinate the events, and to provide funding to the Association to help defray some of the costs of the projects. During discussion, it was pointed out that the City cannot own a nativ- ity scene. Alderman Mlinar moved to approve the special events and $750 for the purchase of lights for the two spruce trees facing Main Street. Motion seconded by Alderman Mikulecky and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, that the Parks and Recreation Department be responsible for the light- ing and that the lights be City -owned. Motion carried unanimously. 4 CITY COUNCIL MINUTES - OCTOBER 28, 1986 (b) CONSIDERATION OF REQUEST FOR STREET LIGHT ON THIRD AVENUE NORTHWEST Following discussion, Alderman Mikulecky moved to approve the request and refer it to the Hutchinson Utilities. Motion seconded by Alderman Carls and unanimously carried. (c) UPDATE OF WASTEWATER TREATMENT PLANT PROJECT BY DONOHUE & ASSOCIATES Mr. Jim Miller of Donohue & Associates presented an update on the wastewater treatment plant project. He reported on a reduction of Step III engineering fees due to the removal of the filters from the plan and specifications, an amendment to Step II Engineering Agreement for increased costs, and the establishment of an advertisement date in mid December with bid opening in late January and construction start by April 1, 1987. Following discussion, Alderman Carls moved to approve Amendment No. 1 to Step II Engineering Agreement increasing the City's cost from $633,- 000 to $657,000. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Carls moved to approve the Engineering Agreement for Step III Construction and Operation Related Services with the new figure quoted by Donohue for a reduction to the City of $1,054,000 (including a fixed fee of $128,000). Motion seconded by Alderman Mlinar and carried unani- mously. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to proceed with the next step of preparing the plans and specifications for advertising for bids, with a cap of $30,000. Motion unanimously carried. Mr. Miller commented that there would be an upper limit of an addi- tional $3,000 cost to finalize the draft grant package for grant ap- proval by November 24. This cost would be non -fundable from MPCA. Following discussion, no action was taken by the Council. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8412 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8412. Motion seconded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF APPRAISALS FOR EMMA LAKE PROPERTY (DEFERRED 10-14-86) Following discussion, Alderman Torgerson moved to authorize advertising for bids to remove or demolish the house at 115 Franklin North. Motion seconded by Alderman Carls and carried unanimously. 5 CITY COUNCIL MINUTES - OCTOBER 28, 1986 (b) CONSIDERATION OF WATER SUPPLY TO GOPHER CAMPFIRE SANCTUARY (DEFERRED OCTOBER 14, 1986) This agenda item was tabled. (c) DISCUSSION OF STRENGTHENING CONTROL OF JUNK CARS BY ORDINANCE (DEFERRED OCTOBER 14, 1986) Alderman Mlinar moved to defer action. Motion seconded by Alderman Torgerson and unanimously carried. (d) CONSIDERATION OF POLICY FOR EXTRAORDINARY WASTEWATER RELEASES (EXAMPLE: LACTOSE) (DEFERRED OCTOBER 14, 1986) Discussion was given to the treating of waste from Hercules and the cost involved. It was recommended to implement the following policy regarding waste releases: "The City shall be reimbursed the actual costs of treating the waste; plus fines, if any; plus a surcharge of $500 or 10% of the (actual cost plus fine), whatever is greater." Alderman Torgerson moved to accept the policy regarding wastewater re- leases. Motion seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF RESOLUTION INCREASING AUTHORITY OF UTILITIES COMMISSION FOR PURPOSES OF A "POWER AUTHORITY" (DEFERRED 10-14-86) Attorney Richard Peterson and Ivan Larson reported on a meeting held with City staff and bond consultants to discuss the utilities bond sale. It was pointed out that the proposed Resolution No. 8414 re- quested bonding authorities beyond what was listed in the City Char- ter and was for continuous authority for an indefinite period of time. Attorney Peterson stated that if the Council chose to rescind the auth- ority given under Resolution No. 8414, it could do so in the future. Following extensive discussion, Alderman Torgerson moved to adopt Reso- lution No. 8414, Resolution Concurring In Resolution Of Municipal Power Commission Authorizing The Exercise Of Certain Powers Of A Municipal Power Agency Under Minnesota Statutes, Sections 453.51 to 453.62, ex- pressly eliminating Minnesota Statute, Section 453.57 referred to in Minnesota Statute, Section 453.55, Subdivision 8, with the inclusion of the proposed revision: "except, however, for that part of Minnesota Statute, Section 453.55, Subdivision 7, which authorizes the sale of bonds or notes at private sale." Motion seconded by Alderman Mlinar and carried four to one, with roll call vote of Aldermen Carls, Mlinar, Torgerson, Mayor Ackland voting aye and Alderman Mikulecky voting nay. (f) DISCUSSION OF AIRPORT APPRAISALS City Administrator Plotz reported on the appraisals received for the airport land. After discussion, Alderman Mikulecky moved to authorize the City Administrator to contact the State for advice on proceeding 6 CITY COUNCIL MINUTES - OCTOBER 28, 1986 with this issue. Motion seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF AWARDING BID FOR CEMETERY BACKHOE (DEFERRED 10-21-86) Director Ralph Neumann reported the low bid from Teply Equipment was for a 1982 unit which did not meet the specifications. Therefore, it was his recommendation to award the bid to the second lowest bidder, Carlson Lake State Equipment Company in the amount of $24,439, less a $1,000 trade-in. Alderman Torgerson moved to approve and award bid to Carlson Lake State Equipment Company. Motion seconded by Alderman Carls and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to authorize discontinuation of service on Monday, November 39 1986 except where special arrangements were made. Motion carried unanimously. (b) CONSIDERATION OF SEWER CHARGES FOR WASTEWATER TREATMENT PLANT Alderman Mikulecky moved to defer for a revised report. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF SETTING NEW MEETING DATE FOR NOVEMBER 11, 1986 CITY COUNCIL MEETING DUE TO VETERAN'S DAY Following discussion, the motion was made by Alderman Torgerson to set the Council meeting date for Monday, November 10, 1986 at 7:30 P.M. Motion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF TRAFFIC SIGNS 1. NORTH EXIT OF COUNTRY CLUB TERRACE AND CALIFORNIA STREET 2. SEVENTH AVENUE N.W. AND SCHOOL ROAD 3. EIGHTH AVENUE N.W. AND SCHOOL ROAD 4. ROLLING OAKS LANE AND SCHOOL ROAD 5. NO PARKING SIGN ON SCHOOL ROAD NORTH Alderman Carls moved to approve the traffic signs, waive first reading of Ordinances No. 25/86 and No. 26/86, set second reading November 10, 1986. Alderman Torgerson seconded the motion and unanimously carried. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR CAMPBELL LAKE ADDITION REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the final 7 CITY COUNCIL MINUTES - OCTOBER 28, 1986 plat and waive reading and adopt Resolution No. 8413. Motion seconded by Alderman Carls and carried unanimously. (f) CONSIDERATION OF VARIANCE SUBMITTED BY KDUZ/KNJR TO COUNTY (WITHIN TWO MILE RADIUS) WITH NO OBJECTION FROM PLANNING COMMISSION After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to recommend to the County with no objection. Mo- tion unanimously carried. (g) CONSIDERATION OF MERIT INCREASE REQUESTS FOR SEPTEMBER AND OCTOBER Following discussion, Alderman Torgerson moved to approve the recommen- dations of the Directors. Motion seconded by Alderman Carls and car- ried unanimously. (h) CONSIDERATION OF NAMING EHLERS & ASSOCIATES AS FINANCIAL CONSULTANT FOR WASTEWATER TREATMENT PLANT PROJECT After discussion, Alderman Mikulecky moved to solicit proposals from several financial consultant firms for the wastewater treatment plant project. Alderman Mlinar seconded the motion and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the State had been contacted regard- ing the Midwest Mobile Home Court. The owner has operated without a license for some time, and the Department of Health would assist in closing down the court providing the City notified all occupants that they had 60 days to move prior to water shut-off in the court. Alder- man Torgerson moved to authorize the City Administrator to write let- ters to owners and/or occupants of the court that they have 60 days to look for a new location or remain if the owner of the court paid the delinquent water bill. Motion seconded by Alderman Mlinar and carried unanimously. Mr. Plotz suggested the Council hold a special meeting to discuss the 1987 budget for enterprise funds, liquor store fund and sewer and water fund, in addition to a report on the satellite liquor store, the sanc- tuary well, and Tax Increment District No. 4. It was the consensus of the Council to meet on November 20, 1986 at 7:00 P.M. Mention was made that the City Charter Commission wished the City Coun- cil to attend their next meeting scheduled for November 199 1986, at which time the Commission will be discussing the City Manager's role. Administrator Plotz requested retroactive permission for officer Ring- strom to attend a special course on October 27-28. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the re- Rl CITY COUNCIL MINUTES - OCTOBER 28, 1986 quest for Police Officer Ringstrom to attend the course. Motion car- ried unanimously. Mr. Plotz stated he had contacted MN/DOT regarding the cost for apprai- sals on the service road property along Highway 7 West, and they could not give him a price. Alderman Mikulecky moved to direct the City Ad- ministrator and City Engineer to contact the property owners on Highway 7 West for consideration of the service road easements for a $1.00 do- nation. Motion seconded by Alderman Mlinar and unanimously carried. It was reported that the Mayor, City Attorney, City Administrator, City Engineer, and Donohue & Associates representative would attend the Has- san Valley Township meeting at the Biscay Town Hall on October 29 to discuss the easements required for the new wastewater treatment plant si te. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar informed the Council that he had talked to Newell Weed today regarding the Greencastle project. Mr. Weed had shown some will- ingness to pay for the installation costs of the fire hydrants on the south and north by the assessment method. The sunken curb and gutter was being worked on. (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented he had received a call regarding the Klockmann property. City Attorney Schaefer reported he was working on it and waiting for the time limit to expire. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky requested a report from the City Attorney on the parking appeals from the downtown parking program. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe asked for permission to attend the M.P.W.A. Conference November 19-21 in Minneapolis. Alderman Mlinar moved to approve the request. Motion seconded by Alderman Carls and unanimously carried. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated the City Attorney had determined the City Council could hold a closed meeting to discuss how to proceed with the police station situation. The date of October 30, 1986 at 5:15 P.M. was es- tablished for the meeting, with the Council members, City Administrator and City Attorney in attendance. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 0 CITY COUNCIL MINUTES - OCTOBER 28, 1986 (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 1:03 A.M. 10