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10-14-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 14, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carl s, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Paul L. Ackland. Absent: Alderman John Mlinar. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Tim Maland. 3. MINUTES The minutes of the regular meeting of September 23, 1986 and bid opening of September 23, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1986 2. AIRPORT COMMISSION MINUTES OF SEPTEMBER 15, 1986 3. POLICE CIVIL SERVICE COMMISSION/POLICE DEPT. MINUTES 4. NURSING HOME BOARD MINUTES OF AUGUST 21, 1986 S. PARK & RECREATION BOARD MINUTES OF SEPTEMBER 3, 1986 6. TREE BOARD MINUTES OF SEPTEMBER 3, 1986 7. CHARTER COMMISSION MINUTES OF SEPTEMBER 24, 1986 (b) CONSIDERATION OF APPOINTMENTS 1. LIBRARY BOARD - LARRY LADD 2. PLANNING COMMISSION - BRUCE DRAHOS The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to order the minutes and report filed and to ratify the appoint- ments to the Library Board and Planning Commission. Motion carried unanimously. 5. PUBLIC HEARING - 8:00 P.M. (a) ROBERTS FIRST ADDITION - PROJECT NO. 87-01 Mayor Ackland called the hearing to order at 8:15 P.M. Mr. Joe Wesley, 560 Larson Street, asked if it was necessary to put in four catch basins and, if so, why. He also inquired about the slope of the berm. He wanted to know how many gallons of water will be pushed down. Mr. Wesley further inquired if it would be possible to run the trunk line at the end of Larson Street adjacent to the property under- neath the anticipated berm and run the catch basin under the berm. He 1 CITY COUNCIL MINUTES - OCTOBER 14, 1986 wondered if the City had made wrong assumptions regarding future de- velopment in the area when elevation studies were done in 1964. Mr. Wesley questioned if the City assumed some responsibility. City Attorney Schaefer stated the City was not negligent or responsi- ble. It made determinations based on the information available at the time. Engineer Priebe explained the reason for the four catch basins. He stated that berms do not have adequate inlet capacity for the system, and a smooth berm would be put in that would not be objectionable to anyone. The south end is the higher portion. The problem with running the line as suggested was that it would be under personal property and would have to be dug up in the event of a problem with the line. It was reported that the project would be designed using two different methods, and bids would be taken both ways. Then a decision would be made based on the actual figures received from bidders. Mr. Wayne Scott, 525 Larson, stated he was in favor of getting rid of the water, but he questioned who was responsible for the water. He ob- jected to the cost of the project and felt he would not benefit that greatly. Mr. Scott commented that the storm sewer drain in front of his mailbox was too small, and the storm sewer was not put in the street. The square footage cost of the project was reviewed by Engineer Priebe. He stated the project would be assessed in the normal manner. Mr. Roger Reinhart, 545 Larson, inquired if the City Council had con- sidered sharing in the cost of the project and deferring assessment costs to Mr. Wagner, owner of the undeveloped land. He did not feel the job had been done properly to handle past problems. Mayor Ackland stated that the Council had not given any consideration to sharing in the cost of the project. He pointed out that develop- ment of the vacant field would help eliminate some of the water prob- lems. Alderman Carls inquired if the assessment cost of the project would af- fect the desire for completion of the project. Mr. Dave Wieweck, 515 Larson, inquired about the berm on the east side of Roberts First Addition. He asked if Roberts Road would be able to handle the extra water if the drain ran north to Roberts Road. He thought the storm sewer was overtaxed on the amount of water being handled now. Mr. Wieweck asked if the proposed plan would take the water to the street or would it still pond up. The motion was made by Alderman Torgerson to close the hearing at 9:02 P.M. Motion seconded by Alderman Mikulecky and carried unanimously. 2 CITY COUNCIL MINUTES - OCTOBER 14, 1986 Alderman Torgerson moved to approve project No. 87-01 with alternatives and to waive reading and adopt Resolution No. 8403. Alderman Mikulecky seconded the motion and unanimously carried. (b) FIFTH AVENUE NORTHWEST AND MAPLEWOOD ACADEMY - PROJECT NO. 87-05 Mayor Ackland called the public hearing to order at 9:07 P.M. Ms. Nancy Marshall, 37 Fifth Avenue N.W., presented a petition signed by property owners requesting the project to be completed. She asked why no drainage was required when Maplewood Academy did their build- ing and why they could run their water off onto private property for so many years. Ms. Marshall inquired who was responsible for putting in the small drain in her backyard which goes to the park. Ms. Delores Saar, 45 Fifth Avenue N.W., submitted pictures showing the water situation in her backyard. She then commented on the tile run- ning across her back yard and inquired if it could be dug up. Ms. Saar stated that when Maplewood Academy expanded their facilities in the 1960's, the water problem increased. The excavation created a run-off onto the adjoining properties. She asked if it was legal to change the contour of land to better one's own property. Ms. Saar requested that the water problem be resolved and suggested building the proposed berm so that the water would remain on Academy property. Mr. Chuck Nelson, 105 Fifth Avenue N.W., stated he had lost his garden from water run-off, and his yard was too wet to mow until about June. He felt that Maplewood Academy had created the problem and should have to take care of resolving it. Mr. Jon Marshall, 37 Fifth Avenue N.W., felt he had the only private drain in the City from Maplewood Academy and -wanted it taken care of. Atty. Curt Bradford stated he was representing Maplewood Academy, and it was his client's position that they were not a benefited party to the project and did not intend to pay any assessment. He pointed out that the public hearing was for a 429 assessment project, but the real issue was a dispute between property owners, which should be settled through civil court action to determine to what degree the Academy and the City were at fault. It was his suggestion to table the matter for a one month period to allow the parties time to attempt to work out a solution to the problem. City Engineer Priebe stated a 429 project was the basic avenue to do the project but other alternatives were possible. Mayor Ackland asked the legal counsel if the City had some legal obli- gation to attempt to resolve the water problem. City Attorney Schaefer responded it did not. Alderman Torgerson moved to close the hearing at 9:40 P.M. Motion 3 CITY COUNCIL MINUTES - OCTOBER 14, 1986 seconded by Alderman Carls and unanimously carried. The motion was made by Alderman Carls to approve project No. 87-05 and to waive reading and adopt Resolution No. 8404. Alderman Torgerson seconded the motion and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT BY CHUCK BARGER OF RCM RE. COPPER SERVICE LEADS Mr. Chuck Barger of RCM reported on the study regarding copper service leads and the recommendations made to alleviate the problem. Following discussion, Alderman Carls moved to direct the City Adminis- trator and City Engineer to make a recommendation on resolving the problem. Motion seconded by Alderman Torgerson and unanimously car- ried. (b) PRESENTATION BY POLICE DEPARTMENT BUILDING COMMITTEE Chairman Dick Burgart presented an update report on the progress of the Police Department Building Committee. The conceptual design of the building had been reduced to 9,118 square feet at an estimated cost of $808,422 and a contingency fee of $68,000. The basement would not be finished off during construction. It was the recommendation of the committee to proceed with working drawings and to advertise for bids, with spring construction. After discussion, the motion was made by Alderman Torgerson, seconded by the Chair, to proceed with working drawings and the bidding process and address additional cuts in the future. Motion unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 23/86 - AN ORDINANCE AMENDING SECTION 635:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED WEED ELIMINATION The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive second reading and adopt Ordinance No. 749. Motion carried unanimously. (b) ORDINANCE NO. 24/86 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP Alderman Carls moved to waive second reading and adopt Ordinance No. 750. Motion seconded by Alderman Torgerson and unanimously carried. 4 CITY COUNCIL MINUTES - OCTOBER 14, 1986 (c) RESOLUTION NO. 8402 - RESOLUTION ACCEPTING $75,000 FROM THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Torgerson to waive reading and adopt Resolution No. 8402. Motion seconded by Alderman Carls and carried unanimously. (d) RESOLUTION NO. 8405 - RESOLUTION TRANSFERRING $20,968 FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND Alderman Torgerson moved to waive reading and adopt Resolution No. 8405. Alderman Carls seconded the motion and unanimously carried. (e) RESOLUTION NO. 8406 - RESOLUTION AUTHORIZING TRANSFER OF $554,819 AND ANY ACCRUED INTEREST FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive reading and adopt Resolution No. 8406. Motion carried unanimously. (f) RESOLUTION NO. 8407 - RESOLUTION FOR PURCHASE Alderman Carls moved to waive reading and adopt Resolution No. 8407 for four regular purchases and an emergency need. Motion seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 86-15 (FREEMONT AVENUE CUL-DE-SAC) (DEFERRED SEPTEMBER 23, 1986) City Attorney Schaefer commented on the letter received from Retirement Living's legal counsel stating the City Ordinance did not require a cul-de-sac at the end of Freemont Avenue and that the driveway turn- around met the definition of a cul-de-sac. Upon review, it was Attor- ney Schaefer's legal opinion that there was no need for a cul-de-sac. Fire Chief Henke commented on the Uniform Fire Code, 1982 edition. He stated that Greencastle did not comply with the verbal agreement made with the Fire Marshal and Building Official regarding a trade-off. Specifically, the trade-off was to require the developer to move the fire hydrant to the end of Freemont Avenue and to install a cul-de-sac in lieu of not putting in the two and one-half inch pipe throughout the building with a fire department hook-up. Following discussion, Alderman Mikulecky moved to defer the awarding of bid to the next City Council meeting. Motion seconded by Alderman Tor- gerson and unanimously carried. 11 CITY COUNCIL MINUTES - OCTOBER 14, 1986 (b) ITEM DELETED FROM AGENDA (c) CONSIDERATION OF APPRAISALS FOR EMMA LAKE PROPERTY The motion was made by Alderman Carls to defer. Motion seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF WATER SUPPLY TO GOPHER CAMPFIRE SANCTUARY (DEFERRED SEPTEMBER 23, 1986) Alderman Torgerson moved to defer. Motion seconded by Alderman Miku- lecky and unanimously carried. (e) CONSIDERATION OF SERVICE CONTRACT WITH MAGUIRE IRON FOR INSPECTION OF WATER TOWER (DEFERRED SEPTEMBER 23, 1986) Following discussion, Alderman Torgerson moved to approve the contract with Maguire Iron. Alderman Carls seconded the motion and carried unanimously. (f) CONSIDERATION OF ENGINEERING CONTRACT FOR PHASE III WASTEWATER TREATMENT PLANT Donohue & Associates representatives Mike Hoff and Jim Miller reported on the engineering contract for Phase III of the wastewater treatment plant. It was stated that Donohue would accept the City's offer of a $128,000 fixed fee, a 17 -month construction project, and survey work to be done by Donohue, for a total of $1,075,300. After extensive discussion, Alderman Carls moved to enter into an en- gineering contract for Phase III with Donohue & Associates in the amount of $1,075,300. Motion seconded by Alderman Torgerson and unani- mously carried. City Attorney Schaefer reported on the status of the easements for the wastewater treatment plant site. 9. NEW BUSINESS (a) CONSIDERATION OF ENTERING INTO 1987 ASSESSMENT AGREEMENT BETWEEN CITY AND COUNTY Following discussion, the motion was made by Alderman Torgerson to approve and enter into contract. Motion seconded by Alderman Carls and carried unanimously. (b) ITEM DELETED FROM AGENDA (c) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SANTELMAN'S SECOND ADDITION Mr. Kenneth Santelman requested the Council to reduce or eliminate the CITY COUNCIL MINUTES - OCTOBER 14, 1986 amount of the deferred improvement assessments under No. 9, page two, of the subdivision agreement. He was concerned that the interest could be higher than the value of the property in a period of 10 years. Following discussion, Alderman Carls moved to defer action on the sub- division agreement for Santelman's Second Addition until the next regu- lar scheduled meeting. Motion seconded by Alderman Torgerson and car- ried unanimously. (d) CONSIDERATION OF AIRPORT COMMISSION RECOMMENDATION FOR GAS POLICY It was the recommendation of the Airport Commission to establish a gas fuel mark-up policy for both 80 and 100 octane fuel by using the formu- la of taking the cost of fuel plus freight, adding a 15% mark-up, plus aviation fuel tax, plus $.05 per gallon. After discussion, the motion was made by Alderman Torgerson to approve the recommendation of the Airport Commission. Motion seconded by Ald- erman Mikulecky and unanimously carried. (e) CONSIDERATION OF AIRPORT COMMISSION RECOMMENDATION FOR PRIORITY USE OF HANGAR SPACE AT AIRPORT The recommendation of the Airport Commission regarding allocation of hangar space was that residents living within city limits would have priority in obtaining space, and all others would be on a waiting list with the individual at the top of the list being first to acquire hangar space. No fee would be charged for open air tie -down space. Following discussion, Alderman Torgerson moved to approve the recommen- dation of the Airport Commission. Alderman Mikulecky seconded the mo- tion and carried unanimously. (f) CONSIDERATION OF APPLICATION BY HUTCHINSON JAYCEES FOR GAMBLING LICENSE AT SPANKYS The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the application and issue the license. Motion unan- imously carried. (g) CONSIDERATION OF REQUEST FOR RATE ADJUSTMENT FOR HUTCHINSON UTILITIES (PRESENTED BY UTILITIES STAFF) Mr. Ivan Larson reported that the Hutchinson Utilities Commission wished to reduce its power factor requirements from 98% to 94%, effec- tive with the October billing. This reduction in rate would affect the intermediate/small business. Following discussion, Alderman Torgerson moved to approve the rate ad- justment as presented by the Utilities Commission and to waive reading and adopt Resolution No. 8411. Motion seconded by Alderman Carls and 7 CITY COUNCIL MINUTES - OCTOBER 14, 1986 carried unanimously. (h) CONSIDERATION OF REQUEST FOR SENIOR CITIZEN DEFERRED ASSESSMENT BY LOUIS HENKE The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve the request. Motion unanimously carried. (i) CONSIDERATION OF UPDATING POLICY FOR RENTAL OF CITY HALL After discussion, Alderman Torgerson moved to approve the policy, with the deletion of local religious groups. Motion seconded by Alderman Mikulecky and carried unanimously. (j) CONSIDERATION OF CONTINUATION OF INSURANCE CONSULTANT AGREEMENT Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve continuing the agreement with Ameri- can Risk Services. Motion unanimously carried. (k) DISCUSSION OF STRENGTHENING CONTROL OF JUNK CARS BY ORDINANCE Alderman Mikulecky moved to defer to next Council meeting. Motion seconded by Alderman Carls and carried unanimously. (1) CONSIDERATION OF MAILING NOTICES FOR CLEAR WATER (SUMP PUMP) HOOKUP TO SANITARY SEWER The motion was made by Alderman Carls to approve mailing notices. Mo- tion seconded by Alderman Torgerson and unanimously carried. (m) DISCUSSION OF MAPLEWOOD ACADEMY/LATERAL 1/COUNTY DITCH 18/COUNTY BOARD Alderman Torgerson moved to defer to next Council meeting. Motion seconded by Alderman Carls and carried unanimously. (n) CONSIDERATION OF RECOMMENDATION FROM PARK BOARD RE. USER FEE POLICY CHANGE Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the policy change. Motion carried unanimously. (o) CONSIDERATION OF POLICY FOR EXTRAORDINARY WASTEWATER RELEASES (EXAMPLE: LACTOSE) Alderman Carls moved to defer to next Council meeting. Alderman Miku- lecky seconded the motion and unanimously carried. CITY COUNCIL MINUTES - OCTOBER 14, 1986 (p) CONSIDERATION OF A RESOLUTION INCREASING AUTHORITY OF UTILITIES COMMISSION FOR PURPOSES OF A "POWER AUTHORITY" Attorney Richard Peterson reported the Hutchinson Utilities wished to sell a $4 million bond in order to provide a $600,000 a year savings for the Hutchinson customers. The Utilities was, therefore, request- ing approval from the Council of a Power Agency Resolution. Administrator Plotz stated that the City's bond consultant, Ehlers & Associates, was concerned about selling another large bond at this time as it could hinder the wastewater treatment plant bond. It was recom- mended that the City work out an overall plan to reduce the interest rate. It was agreed that the Utilities staff and City staff, as well as bond consultants, meet to discuss the issue. No action was taken. (q) CONSIDERATION OF MAINTENANCE AGREEMENT WITH RETAIL DATA SYSTEMS FOR CASH REGISTERS AT LIQUOR STORE Following discussion, Alderman Torgerson moved to approve the mainten- ance agreement. Motion seconded by Alderman Mikulecky and carried unanimously. (r) DISCUSSION OF STATE DOT APPRAISALS FOR HWY. 7 WEST SERVICE ROAD City Engineer Priebe reported the State will participate to some ex- tent with the Highway 7 West service road. It will be necessary to prepare some studies and drawings. Since the right-of-way will be in- volved, it will also be necessary to obtain appraisals. After discussion, Alderman Mikulecky moved to contact the State for a range of what the appraisals might cost and to send letters to the af- fected property owners showing the range and asking if they would pay for the costs. Motion seconded by Alderman Carls and unanimously carried. (s) CONSIDERATION OF RESOLUTION ACTIVATING RAIL CROSSINGS IN CITY Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mikulecky, to approve and waive reading and adopt Resolution No. 8410. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported a request was received for a Police Dis- patcher to attend a seminar. Alderman Carls moved to approve the re- quest. Motion seconded by Alderman Mikulecky and unanimously carried. E CITY COUNCIL MINUTES - OCTOBER 14, 1986 It was reported that the auditor's report on the police department findings would be ready early next week. Therefore, a date for a special meeting should be established. It was the consensus of the Council to hold a special meeting on October 22, 1986 at 6:30 P.M. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated he had been contacted by Lloyd Allen regard- ing a complaint of four junk tractors parked next to his property on Third Avenue Southeast. He requested proceedings be started for their removal. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky requested the minutes from the Hutchinson Community Development Corporation meeting held in St. Cloud be placed in the next Council packet. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (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 1:10 A.M. WE