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09-22-1987 CCMM I NUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 22, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. 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, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold Kelm. 3. M I NUTES The minutes of the regular meeting of September 8, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - AUGUST 1987 2. PLANNING COMMISSION MINUTES OF AUGUST 18, 1987 3. AIRPORT COMMISSION MINUTES OF AUGUST 31, 1987 4. NURSING HOME BOARD MINUTES OF AUGUST 20, 1987 (b) LICENSE APPLICATIONS BY PETER ADAMS, DBA SODBUSTER SALOON 1. CIGARETTE LICENSE 2. ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE 3. OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSE (c) APPOINTMENT TO HOUSING & REDEVELOPMENT AUTHORITY Mayor Ackland reported he did not have a recommendation for appointment to the Housing & Redevelopment Authority at this time. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the reports and minutes and issue the licenses. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 87-36, LETTING NO. 16 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 3734. Scott Plowman, 1204 Oakwood Lane, stated that six out of 10 property owners signed the second petition and that John Bergerson of 1203 Oakwood Lane had written a letter in favor of the project. Also, Dr. CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 Robert Beeler of 1205 Oakwood Lane was for the sewer project. There was one vacant lot, and Jim Swanke did not sign the petition. Warren Dunlap of Farm Credit Services remarked he was not aware of the sanitary sewer line and requested additional information on the project. The City Engineer then presented an overhead map of the area affected. Lyndon Gernand, 1292 Rolling Oaks Lane, stated he was led to believe the project was going through and had been awarded out on bids. He lives in the City limits and pays high real estate taxes; therefore, he felt the residents deserved the services from the City. Mrs. Frank Johnson, Route 3, commented she was not acquainted with the project, but the sewer line would go through her farm property. She wanted to know how it would affect her farm and if the line would interfere with the tiling system. City Engineer Anderson responded the Johnson farm would not be affected. The Zine would run on the east side of the County right-of-way to connect with the,existing sewer under the County road. At the present time 10 homes would be hooked up to the service, with a potential of 74 homes in the future. Anyone living outside the city limits would have a deferred assessment and interest would accrue on it. However, a property owner could not pay more than the cost of the project when it was installed. Ron Horswell, Route 3, stated he had received notice of the deferred assessment. He inquired how the assessments were computed for the various lots since he would be charged five percent of the total cost of the project. Anna Krsiean, Krsiean Acres, objected to the assessment on her property located outside City limits. Tim Krasen, 1200 Oakwood Lane, stated he owned the empty lot in Oakwood Addition, and it was his intent to build on it. Mr. Krasen was in favor of the project and felt the property owners deserved the service. Sharon Daniels, Route 3, stated it was not a question whether the prop- erty owners in Oakwood Addition should have the service or not, but rather, a concern about paying for the project when they are outside the City limits. She stated part of her property would be dug up for the line, and she questioned if it would be restored by the City. She felt it should not concern the residents outside City limits for a small area within City limits to be serviced and obligate them for a part of the project cost. Doris Horswell, Route 3, stated they were forced into annexation when they did not really want to be a part of the City. Bob Beeler, 1205 Oakwood Lane, asked if the project would be put out for bids again and if the original bids were void. He inquired if this was the final hearing on the project. 2 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 Realtor Janet Kilian stated there was a letter from John Bergerson, a property owner, to be read. Mayor Ackland then read John Bergerson's letter for the record. Alderman Torgerson moved to close the hearing at 8:45 P.K. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to order improvement project No. 87-36, Letting No. 16, and to waive reading and adopt Resolution No. 8617. Motion unanimously carried. (b) 1988 CITY BUDGET Mayor Ackland called the hearing to order at 8:50 P.M. and read Pub- lication No. 3737. There was no one present to be heard on the proposed City budget. Ald- erman Mlinar moved to close the hearing at 8:52 P.M. Motion seconded by Alderman Torgerson and unanimously carried. During discussion, Finance Director Kenneth B. Merrill commented on the dollar amount of the proposed budget and the three corresponding Reso- lutions to be adopted. Alderman Torgerson moved to waive readings and adopt Resolutions No. 8623, No. 8624 and No. 8625. Motion seconded by Alderman Carls and carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHTS ON SHADY RIDGE ROAD Alderman Mlinar moved to approve and refer to the Utilities. Motion seconded by Alderman Mikulecky and unanimously carried. (b) DISCUSSION OF WATER METER UPDATE Director Randy DeVries and Water Plant Operator Dick Nagy of the Water Department presented an update on the survey completed for indoor and outdoor water meters. It was reported that a complete check of all meters would be completed within a three year period. Three recommen- dations were presented which should resolve any water meter problems. No action was taken. (c) CONSIDERATION OF REQUEST FOR STREET LIGHT ON EAST HIGHLAND PARK The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and refer to the Utilities. Motion carried unanimously. 3 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 (d) RECOMMENDATIONS FROM THE POLICE CIVIL SERVICE COMMISSION Acting Police Chief Ronald Kirchoff reported the Police Commission met on September 18, 1987, and it was their recommendation to enter into a contract with Professional Police Services for testing materials and assistance in correcting the tests taken by candidates for the position of police chief for a total fee of $1,500. Also, the Police Commission requested consideration of the incurring expenses for the remaining candidates to return for oral interviews and subsequent visits. Chief Kirchoff suggested that the testing and oral exam be the candidates expense; however, the City could perhaps reim- burse some of the expense for the finalists. Following discussion, Alderman Carls moved to approve expenditure of $1,500 for the purpose of testing candidates for the position of police chief and enter into contract with Professional Police Services. No- tion seconded by Alderman Mlinar and unanimously carried. After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to establish a maximum of $200 for reimbursement ex- pense for each final candidate. Motion carried unanimously. (e) UPDATE ON CITY CHARTER AMENDMENT BY CHARTER COMMISSION Chairman Charles Carlson stated the members of the Charter Commission had met earlier this evening to discuss the defeat of the City Charter amendment. The majority of the Commission members (8 to 2) felt the same Charter should be presented at the November 3 general election, with a stronger educational promotion to inform the public of the changes in the Charter. Fallowing lengthy discussion, the motion was made by Alderman Torger- son, seconded by Alderman Mlinar, to put the question back on the bal- lot for the November 3, 1987 general election as presented by the Char- ter Commission. The motion carried four to one, with Aldermen Carls, Mlinar, Torgerson and Mayor Ackland voting aye and Alderman Mikulecky voting nay. The City Attorney stated he would contact Attorney Stan Peskar of the League of Minnesota Cities and discuss with him again the wording of the question on the ballot, specifically the form of government. RECESS: The City Council adjourned for a recess at 9:40 P.M. (f) COMPLAINT REGARDING JUNKER SANITATION SERVICE Ken Giles appeared before the Council and expressed dissatisfaction with the service of Junker Sanitation. Mr. Giles stated he was haul- ing his own refuse but was still billed for the pickup service. He wondered what could be done about it and inquired when Junker's con - 4 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 tract would expire. Administrator Plotz stated a base charge was included with the water bill irregardless of whether or not the service was used. The Junker contract would be up for renewal in 1988, with an option to renew for four years. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE 10. 8187 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP Craig Reese appeared before the Council regarding the issues of re- questing the Burger King developer to: (1) install a 12 foot solid wooden fence on the south and west perimeter of property, rather than the six foot fence height stated in the City zoning ordinance; (2) plant 76 three-foot plantings along the property line; and (3) locate the fence so that the Reese driveway would remain as it now exists. Mr. Reese requested direction from the City Council. City Attorney Anderson stated the Council had not put restrictions on the rezoning approved at the September 8, 1987 meeting. He felt the conditions presented by Mr. Reese could not be enforced by the Council, and the parties involved must work out an agreement between themselves. A 12 -foot fence would require Planning Commission action for a vari- ance, with a public hearing required, and be referred back to the City Council. The Council could not take any action to make the requests binding on the developer or Reeses. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive second reading and adopt Ordinance No. 762. Motion unanimously carried. After discussion, Alderman Mlinar moved that the affected parties work together with the developer and follow the proper procedure to accom- plish a solution regarding the fence, plantings and property line. No- tion seconded by Alderman Mikulecky and carried unanimously. (b) RESOLUTION NO. 8615 - RESOLUTION FOR PURCHASE Alderman Mlinar moved to waive reading and adopt Resolution No. 8615. Motion seconded by Alderman Mikulecky and unanimously carried. (c) RESOLUTION NO. 8616 - RESOLUTION CANVASSING ELECTION RETURNS OF CITY SPECIAL ELECTION HELD SEPTEMBER 17, 1987 Election Clerk Kenneth Merrill presented to the Council the sealed en- velopes containing the count of ballots by precinct. The Council mem- bers proceeded to canvass the election returns of September 17, 1987. G1 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 The motion was made by Alderman Carls to accept the election results as submitted and to waive reading and adopt Resolution No. 8616. Motion seconded by Alderman Mlinar and carried unanimously. (d) ORDINANCE NO. 9/87 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON (ANNEXATION FOR HUTCHINSON TECHNOLOGY) It was noted that the Hutchinson Township Board had no objection to the annexation and had signed a waiver for the 90 -day waiting period before a City ordinance can be adopted. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive the first reading of Ordinance No. 9/87 and set the second reading for October 13, 1987. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR PROJECT 87-37, LETTING 10. 17 (DEFERRED SEPTEMBER 21, 1987) After discussion, Alderman Torgerson moved to approve awarding the contract to Juul Contracting Company in the amount of $9,774.10 and to waive reading and adopt Resolution No. 8626. Notion seconded by Ald- erman Mikulecky. The motion was amended by Alderman Carts that the six parties notified of the public hearing and benefited by the project would be assessed. Amended motion seconded by Alderman Mlinar and car- ried unanimously. Main motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Carls, seconded by Alderman Kinar, to discontinue water service at noon on September 28, 1987 unless other arrangements had been made. Motion carried unanimously. (b) CONSIDERATION OF 1988 BUDGET FOR PIONEERLAND LIBRARY SYSTEM Following discussion, Alderman Carls moved to honor the budget request made by Pioneerland Library System for the 1988 budget. Motion sec- onded by Alderman Xlinar and unanimously carried. (c) CONSIDERATION OF INSPECTION OF NORTH WATER TOWER Alderman Carls moved to approve and enter into contract with AEC Engin- eers & Designers at a cost not to exceed $1,715 as recommended. Motion seconded by Alderman Xikulecky and carried unanimously. 2 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 (d) CONSIDERATION OF AUTHORIZING CITY FINANCE DIRECTOR TO SET UP RESERVE FOR ALL RENTAL AND NET SALES INCOME AT HUTCHINSON AIRPORT FOR CAPITAL IMPROVEMENTS Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to authorize the City Finance Director to set up a special fund of all hangar and maintenance building rentals for capital improvements at the airport, beginning 1988. Motion unanimously car- ried. (e) CONSIDERATION OF VARIANCE REQUESTED BY MARK WESTMILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Carls moved to approve the variance and waive reading and adopt Resolution No. 8619. Motion seconded by Alder- man Mlinar and carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NATIONAL GUARD ARMORY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the conditional use permit and waive reading and adopt Resolution No. 8620. Motion unanimously carried. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM NEXITZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Torgerson moved to approve the conditional use permit and waive reading and adopt Resolution No. 8621. Motion seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAKOTA RAIL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls to approve the conditional use permit and waive reading and adopt Resolution No. 8622. Motion seconded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF LOT SPLIT IN WALLER'S SUBDIVISION REQUESTED BY PAUL BETKER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Mlinar moved to approve the lot split. Mo- tion seconded by Alderman Mikulecky and carried unanimously. (j) CONSIDERATION OF LOT SPLIT REQUESTED BY KEN SANTELMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the lot split. Motion unanimously car- ried. 7 CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 (k) CONSIDERATION OF PRELIMINARY PLAT OF JONATHAN'S SUBDIVISION SUBMITTED BY PAUL BETKER (WITHIN TWO MILE RADIUS) After discussion, Alderman Torgerson moved to refer the preliminary plat to the County with no objection. Motion seconded by Alderman Carls and carried unanimously. (1) CONSIDERATION OF SENIOR CENTER PREAPPLICATION FOR FUNDING FOR PURCHASE OF VAN Following discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve the preapplication for funding. No- tion unanimously carried. (m) CONSIDERATION OF TRAFFIC CONTROL SIGNAL AT T.H. 7 EAST AND BLUFF STREET After discussion, Alderman Mlinar moved to approve the signal and waive reading and adopt Resolution No. 8618. Motion seconded by Alderman Carls and carried unanimously. (n) DISCUSSION OF ADMINISTERING MERIT INCREASES Personnel Coordinator Hazel Sitz stated it was the consensus of the Council at a workshop meeting to authorize the City Administrator to administer the merit adjustments according to the guidelines already established. Following discussion, Alderman Carls moved to approve the City Adminis- trator to handle the merit adjustments. Motion seconded by Alderman Torgerson and carried four to one, with Alderman Mikulecky voting nay. (o) CONSIDERATION OF ORDINANCE CODIFICATION PROPOSALS City Attorney Anderson recommended the services of Municipal Ordinance Codifiers, Inc. at a cost of $11,700 which would be due on delivery of the Master Copy to the City. It was anticipated completion would take 10 to 14 months. Following discussion, Alderman Carls moved to designate $5,000 from the 1987 contingency fund toward codification of City ordinances and to authorize the City officials to enter into a contract with Municipal Ordinance Codifiers, Inc. Motion seconded by Alderman Mikulecky and carried unanimously. (p) CONSIDERATION OF CONTOUR MAPPING OF CITY Finance Director Kenneth B. Merrill recommended the $17,176 cost for the contour mapping project by MarkHurd be taken from the 1987 special assessment bond issue. After discussion, the motion was made by Alderman Carls, seconded by M CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 Alderman Torgerson, to approve the contour mapping from the 1987 bond sale. Motion unanimously carried. (q) CONSIDERATION OF WATER LINE REPLACEMENT AT GOLD COIN Following discussion, Alderman Mlinar moved to approve payment to Juul Contracting Co. in the amount of $2,498.32 from the City water and sewer fund for water line repair at Gold Coin. Motion seconded by Alderman Torgerson and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Platz reported there was a request to hold Scouts Caber Days in Library Square on October 10. Alderman Carls moved to approve the request. Motion seconded by Alderman Mlinar and carried unanimously. Mr. Plotz commented that he attended an earlier meeting tonight with downtown merchants to discuss repairs to Main Street water service lines and basement sprinkling systems as well as an application by HCDC for a small cities development grant. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported the City had received the quit claim deed for the property located at 325 Adams Street South. It was his recommendation to advertise for bids to sell the property, and put it on the next City Council agenda. Following discussion, Alderman Carls moved to approve advertising for bids. Motion seconded by Alderman Mlinar and unanimously carried. Mention was made that the Klockmann case will be going to court in October. Also, the Lund easement dispute was resolved based upon the guidelines established by the City Council at the closed meeting of September 8, 1987. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Anderson commented on communications with MN/DOT regarding a visibility problem with the traffic control signal at the intersection of T.H. 7/22 and School Road and the reduced speed zone request in that area. Also, speed studies had been completed, and it was his opinion that 40 mph was a reasonable speed. It was reported that a survey had been taken in the residential area north of the Junior/Senior High School to address the parking com- plaints on Boulder Circle. E CITY COUNCIL MINUTES - SEPTEMBER 22, 1987 (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired if the two inch lip on the Madson Street project done two years ago would be completed this year. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Carls and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:33 P.X. 10