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09-09-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 9, 1986 1. The meeting was called to order by Vice -President Carls at 8:00 P.M. The following were present: Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Vice -President Mike Carls. Absent: Mayor Paul L. Ackland. 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 Harry Kelm. 3. MINUTES The minutes of the regular meeting of August 26, 1986 and special meeting of August 28, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - AUGUST 1986 2. HOSPITAL BOARD MINUTES OF JULY 15, 1986 3. AIRPORT COMMISSION MINUTES OF AUGUST 6, 1986 4. PARKS & RECREATION BOARD MINUTES OF JULY 8 AND AUGUST 13, 1986 The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the minutes and report filed. Motion unanimously car- ried. S. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 218 - IMPROVEMENT PROJECT 86-08, LETTING 8 Vice -President Carls called the public hearing to order at 8:01 P.M. No one was present to be heard. The motion was made by Alderman Tor- gerson to close the hearing at 8:02 P.M. Alderman Mikulecky seconded the motion and unanimously carried. Alderman Torgerson moved to adopt assessment roll No. 218 and to waive reading and adopt Resolution No. 8378. Motion seconded by Alderman Mikulecky and carried unanimously. (b) ASSESSMENT ROLL NO. 219 - IMPROVEMENT PROJECT 86-09, LETTING 9 Vice -President Carls called the hearing to order at 8:02 P.M. No one was present to be heard. The motion was made by Alderman Mlinar, sec- onded by Alderman Torgerson, to close the hearing at 8:03 P.M. Motion unanimously carried. Alderman Mlinar moved to adopt assessment roll No. 219 and to waive 1 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 reading and adopt Resolution No. 8379. Motion seconded by Alderman Torgerson and carried unanimously. (c) ASSESSMENT ROLL NO. 220 - IMPROVEMENT PROJECT 85-01-39 Vice -President Carls called the hearing to order at 8:03 P.M. No one was present to be heard. The motion was made by Alderman Mikulecky to close hearing at 8:05 P.M. Motion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Torger- son, to adopt assessment roll No. 220 and to waive reading and adopt Resolution No. 8381. Motion carried unanimously. (d) ASSESSMENT ROLL NO. 221 - IMPROVEMENT PROJECT 86-10, LETTING 10 Vice -President Carls called the hearing to order at 8:05 P.M. Supt. Glenn Matejka presented background information on project No. 86- 10 and stated the City had given the School District an estimate of costs which had been incorporated into the bond fund issue. The re- cent change in policy by the City Council increased the School Dis- trict's cost approximately $6,000, which will now affect the construc- tion plans. He requested the Council to reconsider and not change its policy for this project. Following discussion, Alderman Mlinar moved to close the hearing at 8:11 P.M. Alderman Torgerson seconded the motion and unanimously car- ried. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to adopt amended assessment roll No. 221 and to waive reading and adopt Resolution No. 8380. Motion carried unanimously. NOTE: See agenda item 8-(a) for additional discussion on project No. 86-10. (e) IMPROVEMENT PROJECT 86-13 Vice -President Carls called the hearing to order at 8:19 P.M. Alder- m man Mikulecky excused himself from the agenda item inasmuch as it in- volved him. The motion was made by Alderman Mlinar to close the hearing at 8:20 P.M. Motion seconded by Alderman Torgerson and carried, with Alder- man Mikulecky abstaining. Alderman Mlinar moved to approve project No. 86-13 and to waive read- ing and adopt Resolution No. 8385. Alderman Torgerson seconded the mo- tion and carried with Aldermen Mlinar, Torgerson and Vice -President Carls voting aye and Alderman Mikulecky abstaining. E CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 (f) IMPROVEMENT PROJECT 86-14, LETTING NO. 14 Vice -President Carl called the hearing to order at 8:20 P.M. It was noted that a letter of objection to the improvement project had been received from Doctors Rodney Anderson and Robert Beeler. They believed the project would not benefit their property and that the adjacent property owners had created their own drainage problem by building where they did. Now Anderson and Beeler were being assessed to cor- rect an existing problem. Mr. Wayne Scott, 525 Larson, stated he lived west of the Anderson/ Beeler property. It was mentioned in July that the terrain of the property had been changed by fill leveled off which caused the problem this spring. During the spring thaw there was water standing, which created mosquito breeding. Mr. Roger Reinhart, 545 Larson, reported his property has had diluges of water. In May there was another downpour, and water ran from the east which had not previously gone between the houses. He felt there had been some change to the property, and this was the concern that needed to be resolved. The property owners east of Roberts First Addition commented that fill had been dumped onto their land in piles. The City told them to re- move the house on the property, which was done. Then the dirt was leveled off, with no intent to affect the drainage. Perhaps a solution would be to push the dirt back up into a pile and change the contour. Alderman Torgerson moved to close the hearing at 8:26 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. City Engineer Priebe reported the proposed project came about as an over-all drainage study of Roberts First Addition. The water problem has increased in intensity over the years. The undeveloped area be- tween Roberts First Addition and Town and Country Estates will be a part of the development; therefore, the City could defer the cost until the property was developed. City Attorney Schaefer pointed out that if standing water was removed from property, it was a benefit to put in a drain. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order the improvement, preparation of plans and specifications, and to waive reading and adopt Resolution No. 8382. Motion unanimously carried. (g) IMPROVEMENT PROJECT 86-12 (CONTINUED HEARING) Vice -President Ackland called the continued hearing to order at 8:30 P.M. City Engineer Priebe updated the Council on the meeting held last week with the affected property owners. He recommended proceeding with 3 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 ordering reports on proposals for a 1987 project. Mr. Jerry Hammerel of Big Bear agreed a study was in order. He stated all of the meetings had not developed into anything definite. Alderman Torgerson moved to close the hearing at 8:48 P.M. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to defer action on the temporary service road until the September 23 Council meeting. Motion unanimously carried. Alderman Torgerson moved to approve a combined driveway for Big Bear and Tom Thumb and to refer it for approval to MN/DOT. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson to order the preparation of three reports for a service road, namely: 1) School Road to Tom Thumb property; 2) School Road to Tom Thumb property and between Tom Thumb and Big Bear property and east to California Street; and 3) Between Tom Thumb and Big Bear property and east to California Street, and to waive readings and adopt Resolutions No. 8392, No. 8393 and No. 8394. Mo- tion seconded by Alderman Mlinar and carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR PARKS & RECREATION DIRECTOR TO ATTEND 1986 MINNESOTA RECREATION AND PARK ASSOCIATION CONFERENCE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the request. Motion unanimously carried. (b) CONSIDERATION OF PETITION TO COMPLETE SURFACING OF 600 BLOCK OF ROBERTS ROAD SOUTH Alderman Mlinar moved to approve and include the surfacing in the 1987 Projects. Motion seconded by Alderman Torgerson and carried unani- mously. (c) CONSIDERATION OF PETITION BY PEACE LUTHERAN CHURCH TO POST SIGNS) ON LIGHT POLE AT SOUTHWEST CORNER OF MAIN AND FOURTH AVENUE Following discussion, Alderman Mlinar moved to approve the request, subject to State approval. The motion died for lack of a second. The motion was made by Alderman Mlinar that the sign be smaller in size, approximately 16' X 16'. The motion died for lack of a second. Alderman Torgerson moved to approve the sign as recommended, subject to State approval. Motion seconded by Alderman Mlinar and unanimously carried. 4 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 (d) PETITION FOR SUNDAY LIQUOR REFERENDUM It was reported the petition would be presented at the next Council meeting. Alderman Mlinar moved to defer to the next Council meeting. Motion seconded by Alderman Mikulecky and carried unanimously. (e) CONSIDERATION OF REQUEST TO USE BOULEVARD APRON ON SOUTH AND EAST SIDE OF LIBRARY SQUARE PARK FOR ARTS AND CRAFTS FESTIVAL SEPTEMBER 19-20 Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF REQUEST FOR BUILDING INSPECTOR AND FIRE MARSHAL TO ATTEND SPRINKLER SYSTEMS SEMINAR DECEMBER 4-5, 1986 The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the request. Motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND ANNUAL MINNESOTA FINANCE OFFICERS CONFERENCE OCTOBER 15-17 Alderman Mlinar moved to approve the request. Motion seconded by Ald- erman Mikulecky and unanimously carried. (h) CONSIDERATION OF REQUEST FOR SENIOR CENTER COORDINATOR AND ACTIVITIES SUPERVISOR TO ATTEND ANNUAL SENIOR CENTER CONFERENCE SEPTEMBER 24-25 The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve the request. Motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR CIVIC ARENA MANAGER TO ATTEND ICE ARENA MANAGER'S FALL SEMINAR SEPTEMBER 11-12 Alderman Mlinar moved to approve the request. Motion seconded by Ald- erman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 21/86 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive the second reading and adopt Ordinance No. 747. Motion car- ried unanimously. (b) ORDINANCE NO. 22/86 - AN ORDINANCE AMENDING SECTION 7.09 OF THE ZONING ORDINANCES OF THE CITY OF HUTCHINSON ENTITLED "YARD SPACE ENCROACHMENTS - PROJECTIONS INTO YARDS" 5 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 Alderman Torgerson moved to waive second reading and adopt Ordinance No. 748. Motion seconded by Alderman Mikulecky and unanimously car- ried. (c) RESOLUTION NO. 8373 - RESOLUTION AMENDING RESOLUTION NO. 7854 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR CITIZENS DEFERRED ASSESSMENTS The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8373. Motion carried unani- mously. (d) RESOLUTION NO. 8374 - RESOLUTION FOR PURCHASE Alderman Torgerson moved to waive reading and adopt Resolution No. 8374. Motion seconded by Alderman Mikulecky and unanimously carried. Following discussion regarding the tractor repair, Alderman Mikulecky moved that the City Administrator bring up an in-house policy that would eliminate this problem from occurring again. Motion seconded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CITY POLICY CHANGE FOR ASSESSMENT ON WATER MAIN TO ELEMENTARY SCHOOL SITE (SCHOOL ROAD AREA) Director of Engineering Priebe reported there had been a policy change on the assessment to Hutchinson School District No. 423 for the water - main. The old site presently has service, and the School would be given a credit in the amount of $5,212.86, which the City would have to pick up. Following discussion, it was the consensus of the Council to assess the watermain under the existing policy and credit the School District for $5,212.86. NOTE: See agenda item 5-(d) for action on the assessment roll No. 221. (b) CONSIDERATION OF REQUEST BY VICTOR SWANSON FOR CASH SETTLEMENT ON FENCE DISPUTE City Administrator Plotz presented the background information pertain- ing to the Jablinski mini -storage building issue in 1984. After the City agreed to install a fence on the west property line at its ex- pense, Mr. Swanson did not want the fence erected. He was now request- ing a $1,200 settlement to be applied against his special assessments. Alderman Torgerson moved to approve the $1,200 cash settlement for re- duction on special assessments. Motion seconded by Alderman Mlinar. 6 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 City Attorney Schaefer stated that although the City made an error in issuing a building permit to Mr. Jablinski, the adjoining property owner should provide proof of damages to his property. Following discussion, Alderman Torgerson amended the motion to be con- tingent upon an agreement between the City and Victor Swanson in ac- cordance to the City Attorney drafting an agreement. Motion seconded by Alderman Mlinar and amendment carried unanimously. Main motion unanimously carried. (c) CONSIDERATION OF CORRESPONDENCE FROM VICTOR SWANSON REGARDING WEED CUTTING (DEFERRED AUGUST 26, 1986) Mr. Victor Swanson stated the City had cut his alfalfa crop and ruined a possibe second crop. Therefore, he was asking for $550 to pay for approximately 200 bales of hay. City Forester Schnobrich reported the County Agent gave a lower figure for the value of the hay and the amount that could be produced on a 1.1 acre of land. Following discussion, Alderman Torgerson moved to pay Victor Swanson $265 for two crops lost. Motion seconded by Alderman Mlinar and car- ried unanimously. The motion was made by Alderman Torgerson to eliminate the $125 weed cutting fee billed to Victor Swanson. Motion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF CLEAN UP OF FORD ROLFE THIRD AVENUE PROPERTY (DEFERRED AUGUST 26, 1986) City Attorney Schaefer reported the 20 days given to Ford Rolfe to clean up his property elapsed on September 2. Police Chief O'Borsky had looked at the property and found no improvement. Therefore, At- torney Schaefer requested that the Police Department issue a citation and draft an order directing the removal of junk cars or fencing in the area. Alderman Torgerson moved to support the City Attorney's recommendation for action. Motion seconded by Alderman Mikulecky and carried unani- mously. (e) CONSIDERATION OF AUDITING FIRM REVIEW OF CASH POLICIES IN OTHER CITY DEPARTMENTS Alderman Torgerson moved to defer to next meeting. Motion seconded by Alderman Mlinar and unanimously carried. (f) CONSIDERATION OF PLANS FOR FREEMONT AVENUE CUL-DE-SAC FOR GREENCASTLE SITE (PROJECT NO. 86-15) 7 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 Director of Engineering Priebe presented plans on the proposed cul-de- sac for Greencastle. After discussion, the motion was made by Alder- man Mlinar to approve the plans and specifications, to set a bid date of September 23, 1986 at 2:00 P.M., and to waive reading and adopt Resolutions No. 8375, No. 8376 and No. 8377. Alderman Mikulecky sec- onded the motion and unanimously carried. (g) CONSIDERATION OF ADDITIONAL STUDY REPORT FOR ROBERTS FIRST ADDITION City Engineer Priebe presented two cost studies for construction of an- other storm sewer outlet for Roberts First Addition which would go through the Deforest Wagner property to the trunk line. Five proposals were given for the breakdown of construction costs. Following extensive discussion, the motion was made by Alderman Torger- son to direct the City Engineer to prepare a report on the storm sewer on Larson Street and set public hearing October 14, 1986 at 8:00 P.M., for the City Administrator to provide information requested on previous assessments for Larson Street, and to waive readings and adopt Resolu- tions No. 8390 and No. 8391. Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 86-11, LETTING NO. 11 (WALLER DRIVE) (BIDS OPENED SEPTEMBER 9, 1986) The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and award the contract to low bidder J. W. Hanson Construc- tion Company in the amount of $6,204 for project No. 86-11 and to waive reading and adopt Resoltion No. 8384. Motion unanimously carried. (i) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 86-13, LETTING NO. 13 (WOODRIDGE ADDITION) (BIDS OPENED SEPTEMBER 9, 1986) Alderman Mlinar moved to approve and award the contract to Juul Con- tracting Company in the amount of $56,499.10 for project No. 86-13 and to waive reading and adopt Resolution No. 8385. Motion seconded by Alderman Torgerson and carried, with Alderman Mikulecky abstaining from voting. (j) CONSIDERATION OF MAPLEWOOD ACADEMY DRAINAGE OUTLET TO LATERAL 1 OF COUNTY DITCH 18 Maplewood Academy requested the City to take necessary steps to restore drain service to lateral 1 of county ditch 18. Following discussion, Alderman Torgerson moved that the City Engineer contact the County re- garding county ditch 18 and the Maplewood Academy drainage problem. Motion seconded by Alderman Mlinar and carried unanimously. 9. NEW BUSINESS 1*1 CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 (a) CONSIDERATION OF AMENDING POLICY HANDBOOK ON AGENDA DEADLINES It was requested that the deadline for City Council agenda materials be Wednesday noon prior to the meeting and the Planning Commision dead- line be the last working day of the month. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the amendments to the Policy Handbook. Motion unanimously carried. (b) CONSIDERATION OF MERIT RECOMMENDATION Following discussion, Alderman Torgerson moved to approve the merit recommendation. Motion seconded by Alderman Mikulecky and carried unanimously. (c) CONSIDERATION OF WEED COMPLIANCE After discussion, the motion was made by Alderman Torgerson to refer this item to the City Attorney for an amendment to the City ordinance. Alderman Mlinar seconded the motion and unanimously carried. (d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR PLAZA HEIGHTS Alderman Mlinar moved to approve the subdivision agreement for Plaza Heights. Motion seconded by Alderman Torgerson and carried unani- mously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the status of the appraisals for the Emma Lake property. Realtor Richard Peterson had an appraiser look at the property today, and Century 21 will appraise it tomorrow. Alderman Carls questioned if the City should retain the property for a parking lot since it was supposedly in the parking district. It was decided to put this item on a future agenda after the appraisals have been received. Mr. Plotz commented on a recent correspondence from Jerry Ross regard- ing railroad track usage and his favorable response to the spur line. It was reported there had been an accident involving a truck and rail- road car, but no details were known. The Council was informeed that a written report on sump pumps would be available for the next Council meeting. E CITY COUNCIL MINUTES - SEPTEMBER 9, 1986 (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Director Priebe reported the water tower on Century Avenue (vocational site) was in need of additional maintenance at a cost of $20,000 beyond the bid Maguire Iron, Inc. submitted on August 6, 1986. It was his recommendation to issue a change order on the contract and have Maguire Iron do the work. Following discussion, Alderman Torgerson moved to approve the change order to Maguire Iron, Inc. for $20,000. Motion seconded by Alderman Mlinar and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky stated he felt the service road by-pass on Highway 7 West was still a problem at School Road and California Street. It was his recommendation to adopt a Resolution requesting MN/DOT to install a four-way stop at the intersection. Alderman Mikulecky moved to send Resolution No. 8383 to MN/DOT request- ing a four-way stop at School Road and California Street at the by- pass. Motion seconded by Alderman Torgerson and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:02 P.M. 10