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05-12-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 12, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, 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 Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend John H. Longley. 3. MINUTES The minutes of the bid opening and special meeting of April 22, 1987, regu- lar meeting of April 28, 1987 and joint meeting of May 6, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1987 (b) PARADE PERMIT FOR MEMORIAL DAY PARADE ON MAY 25, 1987 The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to order the report filed and issue the parade permit. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL HEARINGS Mayor Ackland called the public hearing to order at 8:00 P.M. 1. ROLL NO. 224 - PROJECT NO. 85-01-33 & 85-01-35, LETTING NO. 8 There was no one present to be heard regarding Roll No. 224. 2. ROLL NO. 225 - PROJECT NO. 86-13, LETTING NO. 13 There was no one present to be heard regarding Roll No. 225. 3. ROLL NO. 226 - PROJECT NO. 87-01, LETTING NO. 1 Mayor Ackland read letters received from the following individuals who were opposed to the proposed project: Laverna Miller - 505 Larson Street Mark Erickson - 1020 Roberts Road 1 CITY COUNCIL MINUTES - MAY 12, 1987 Martin Briggs - 510 Larson Street David Wiewick - 515 Larson Street Wayne Scott - 525 Larson Street Joseph & Patricia Wesley - 560 Larson Street Roger & Sue Reinhart - 545 Larson Street Dave & Norma Buechele - 535 Larson Street Mr. Deforest Wagner, Minneapolis, inquired if the berm would be a wall. He then informed the Council there was a possibility of de- velopment on his vacant land, and he would know more details in the next three weeks. Therefore, the proposed plans might not be nec- essary or appropriate. Engineer Anderson stated there were three alternative plans design- ed for the area, and bids had been taken for the project. Develop- ment of the land would change the present needs in the area. Joe Wesley, 560 Larson, raised some questions regarding the pro- posal for development of the agricultural land. He also commented about the assessments for the project and inquired of the City En- gineer regarding the planned water fall level. Mr. Wesley stated the system in place does not cover the five-year run-off plan, and the property owners were not getting the benefit. Roger Reinhart, 545 Larson, agreed that no action should be taken until further information was available from Mr. Wagner regarding development. He asked if a person could be for the project but opposed to the method of assessment in reference to the amount of the cost. Mr. Reinhart stated many of the property owners were for the project but against the assessment. Wayne Scott, 525 Larson, inquired about the City's share in the cost of the project. He thought the houses were not built when the storm sewer was put in, and the majority of houses were built after 1970. Mr. Scott asked the Council's feeling of the City paying the entire assessment. Dale Hermann, 550 Larson, felt the people on Kaye and Larson Streets had already "paid their dues", and they still do not have an adequate system. Since the storm sewer is not performing, the residents should not pay extra money to have it performing. Martin Briggs, 510 Larson, said he had been told by several City Councils and City Engineer that the problem would be solved. He has waited 24 years to have the property developed and was willingt to wait longer for the development. He suggested deferring action until Mr. Wagner determines what is going to happen to the vacant land. 2 CITY COUNCIL MINUTES - MAY 12, 1987 4. ROLL NO. 228 - PROJECT NO. 87-08, LETTING NO. 3 There was no one present to be heard regarding Roll No. 228. 5. ROLL NO. 229 - PROJECT NO. 87-10, NO. 87-11 & NO. 87-21, LETTING NO. 4 Mr. Steven Straumann, 595 Roberts Road, inquired how a corner lot would be assessed. He also asked if the street would be black - topped and if work would be done on Sibley as well. Mr. Strau- mann also commented about the fast traffic on Roberts Road and expressed concern for the children in the area. The City Engineer responded that Sibley and Echo Drive would be paved this year; however, anything east of Roberts Road would not be paved in 1987. 6. ROLL NO. 230 - PROJECT NO. 87-17, LETTING NO. 5 It was reported project No. 87-17 would service the new elementary school. Mr. Deforest Wagner would have deferred assessments for part of the project crossing his undeveloped property which is out- side city limits. Mayor Ackland read a letter from the Superintendent of Schools which stated the school district had no objection to the assessment roll for project No. 87-17. Plan A was approved by the City Council. 7. ROLL NO. 232 - PROJECT NO. 87-31, LETTING NO. 7 Mr. Howard Brandon, owner of Brandon Tire, inquired what the bene- fits would be to his business and why he was being assessed. Also, he wanted to know what other businesses were being assessed. He stated his business gets drain -off from the Zabel property as well as other areas. It was his suggestion to contact the State about cleaning out the culvert in the ditch. Mr. Brandon then asked if there were any future plans that would affect the present plan. Engineer Anderson stated the project would drain water from the north and Brandon Tire. There is an existing culvert underneath the highway, and the proposed watermain would intercept it. Mr. Art Zabel, 545 Highway 7 West, asked why the water in the ditch was not removed by the catch basin on Highway 7 and 22. He stated the Highway Department put a drain in near the road next to Hutch Computer Inc. He wondered if the culvert was closed off when the building was erected on the site. 3 CITY COUNCIL MINUTES - MAY 12, 1987 Alderman Carls moved to close the hearings at 9:45 P.M. Motion sec- onded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to defer Roll No. 226 (Project No. 87-01, Letting No. 1) until the June 9, 1987 meeting and defer Roll No. 232 (Project No. 87-31, Letting No. 7) to the May 26 meeting. Motion unanimously carried. Alderman Torgerson moved to approve and adopt Assessment Rolls No. 224, No. 225, No. 228, No. 229, and No. 230 and award contracts for said improvements, and to waive readings and adopt Resolutions No. 8512- 8516, No. 8518-8520, and No. 8523-8525. Motion seconded by Alderman Carls. The motion was amended by Alderman Carls to delete Roll No. 225 (Project No. 86-13) for separate action. Amended motion seconded by Alderman Torgerson and carried unanimously. Main motion unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and adopt Assessment Roll No. 225 and award contract for improvements, to waive reading and adopt Resolution No. 8516. Motion carried three to zero, with Alderman Mikulecky abstaining as a prop- erty owner. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION N0. 8510 - RESOLUTION FOR PURCHASE The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8510. Motion carried unani- mously. (b) ORDINANCE NO. 2/87 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBDIVISION NO. 25 AND NO. 26 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Alderman Carls moved to waive second reading and adopt Ordinance No. 756. Motion seconded by Alderman Torgerson and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FROM BURNS MANOR NURSING HOME FOR ADJUSTMENT IN AIR CONDITIONERS PURCHASE COST It was reported the purchase cost for the air conditioners, previously approved by the City Council, had increased in cost $300 per unit since the quotes were received. Approval was requested for the adjustment. 4 CITY COUNCIL MINUTES - MAY 12, 1987 The motion was made by Alderman Carls, seconded by Alderman Mikulecky, to approve the adjustment. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF BRIAN JAMES BROWN TO HUTCHINSON POLICE DEPARTMENT RESERVE FORCE Alderman Torgerson moved to approve the appointment of Brian James Brown to the Police Department Reserve Force. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR PLANS AND SPECIFICATIONS ON PROJECT NO. 87-35, WOODRIDGE ADDITION Attorney Anderson commented that an assessment hearing was required for projects; however, the Council could proceed with the assumption that there would be no objection to the 100 percent petition. Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to approve the engineer's report, order plans and specifications, and to waive reading and adopt Resolution No. 8512. Motion carried three to zero, with Alderman Mikulecky abstain- ing from voting. (c) CONSIDERATION OF AUTHORIZATION FOR LIQUOR STORE TO PURCHASE THREE DOOR WINE COOLER Alderman Carls moved to approve the purchase. Motion seconded by Ald- erman Torgerson and unanimously carried. (d) CONSIDERATION OF ADOPTION OF 1987 MINNESOTA STATE BUILDING CODE The motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and adopt the 1987 Minnesota State Building Code and to waive first reading of Ordinance No. 3/87 and set second reading for May 26, 1987. Motion carried unanimously. (e) CONSIDERATION OF HASSAN VALLEY TOWNSHIP EASEMENT FOR FORCEMAIN INCLUDING ITEMIZED REIMBURSEMENT REQUEST Mr. Wayne Oliva, Clerk of Hassan Valley Township, presented the Council with an itemized listing of their reimbursement request for attorney fees and attendance at meetings regarding the easement for the waste- water treatment plant forcemain. Administrator Plotz stated the City had two options: 1) proceed with the existing 40 -foot 3M easement and use the county road for vehicles to drive onto the project site; and 2) urge the township to grant the additional easement on their roadway, which would require the City as- sisting with the costs incurred by the township. 5 CITY COUNCIL MINUTES - MAY 12, 1987 Mr. George MacDonald, Resident Engineer for Donohue & Associates, as- sured the Council the 3M easement would be adequate for the project. Attorney Anderson gave the legal opinion that the City had no obliga- tion to pay another governmental body for attending meetings. It would be a matter of choice whether the Council wished to assist with the township legal fees. Following discussion, Alderman Torgerson moved to go with the easement the City already had on 3M property. Motion seconded by Alderman Carls and unanimously carried. (f) CONSIDERATION OF 100% PETITION FOR PROJECT NO. 87-33, SUNSET RIDGE ADDITION The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the engineer's report and improvement project No. 87-33 by petition, to waive readings and adopt Resolutions No. 8513 and No. 8514. Motion carried unanimously. (g) CONSIDERATION OF RETIREMENT OF RALPH NEUMANN, DIRECTOR OF MAINTENANCE SERVICES Alderman Carls moved to accept the retirement of Ralph Neumann with regrets and to waive reading and adopt Resolution No. 8531, Resolution of Appreciation, and have some other type of recognition for services. Motion seconded by Alderman Torgerson and unanimously carried. (h) CONSIDERATION OF COUNTY MUTUAL AID PACT AGREEMENT WITH HUTCHINSON POLICE DEPARTMENT The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and enter into the agreement, to waive reading and adopt Resolution No. 8511. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reminded the Council of the police station ground- breaking scheduled for May 13 at 4:00 P.M. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Anderson requested approval for Change Order No. 1 on project No. 87-08, Letting No. 3, in the amount of $1,316.20 for a design change in sanitary sewer construction. Alderman Torgerson moved to approve Change Order No. 1. Motion sec- onded by Alderman Carls and carried unanimously. 2 CITY COUNCIL MINUTES - MAY 12, 1987 It was also requested that the bids projects No. 87-13 (Letting No. 8), 87-15 (Letting No. 10). be accepted and awarded for No. 87-32 (Letting No. 13), and No. Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Carls, to issue the contract to Wm. Mueller & Sons in the amount of $109,778.60 for project No. 87-13 and to waive read- ing and adopt Resolution No. 8528. Motion unanimously carried. Alderman Carls moved to issue the contract to Wm. Mueller & Sons in the amount of $11,935.00 for project No. 87-32 and to waive reading and adopt Resolution No. 8530. Motion seconded by Alderman Mikulecky and carried unanimously. The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to award the contract for project No. 87-15 to Juul Contracting Company in the amount of $133,690.50 for the gravity system and to waive reading and adopt Resolution No. 8529. Motion unanimously car- ried. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the stop and go lights on Hwy. 7 West and School Road and the recently installed sod which needed watering. He was assured the contractor had a 30 -day obligation to maintain and/or replace the sod. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported he, the City Administrator and Mayor had reviewed the airport appraisals, and the State was sent a copy of the appraisals from Robinson Appraisal Company for review. Nancy Buss' position in the Police Department was addressed. It was the City Attorney's opinion that the Council had taken proper action in the past. It was the Acting Police Chief's recommendation to hire a part-time computer programmer and to classify Nancy Buss' position as police de- partment office secretary, reclassify her 1985 job description, and re- instate her salary to its dissolved level as of March 27, with retro- active pay as of that date. Following discussion, Alderman Torgerson moved to authorize the Police Commission to advertise for a part-time computer operator in the Police Department and classify Nancy Buss as secretary as recommended by staff, with Personnel Coordinator to determine pay grade classifica- tion. Motion seconded by Alderman Carls. ,The motion was amended by Alderman Torgerson to make the salary retro -active to March 27, -1987. Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. 7 CITY COUNCIL MINUTES - MAY 12, 1987 (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he would like to establish a Board of Review for Junker Sanitation on May 20 at 4:00 P.M. The Council concurred, with Alderman Torgerson moving to set a Board of Review on May 20 at 4:00 P.M. Motion seconded by Alderman Carls and unanimously carried. It was reported that Jerry Ross had requested a letter of support from the City Council to assist him in applying for some railroad funding. The Mayor asked the Council to go on record supporting continual up- grading of the railroad and to continue having a railroad in Hutchin- son. Alderman Torgerson moved to support the railroad by adopting Resolution No. 8527. Motion seconded by Alderman Carls and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:27 P.M. D