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11-26-1991 CCMr MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 26, 1991 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. 3. 4. 5. INVOCATION In the absence of a pastor, there was no invocation. MINUTES The minutes of the regular meeting of November 12, 1991, special meetings of November 4, 1991 and November 5, 1991, and bid opening of November 19, 1991 were approved as distributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - OCTOBER 1991 2. SENIOR ADVISORY BOARD MINUTES - OCTOBER 24, 1991 3. PLANNING COMMISSION MINUTES - OCTOBER 15, 1991 (b) CHRISTMAS TREE SALES PERMIT 1. CHARLES PULKRABEK 3. FRANK BARRUS 2. HOWARD BRANDON 4. JAMES REILEIN (c) APPLICATIONS FOR SNOW REMOVAL PERMITS 1. DICK SMYKALSKI 2. CRAIG SCHMELING 3. ROLAND EBENT 4. HANSEN GRAVEL INC. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed and to issue permits. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 1, PROJECT NO. 92-01 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4318. He stated the hearing was for the purpose of determining if there should be a proj- ect and if the engineering department should prepare a N CITY COUNCIL MINUTES - NOVEMBER 26, 1991 design on the project. Another hearing would be held after the bids were received, and the bids would deter- mine the assessment costs for each parcel. For individ- uals over 65 years of age who meet the criteria, deferred assessments would be available. Engineer Rodeberg reviewed the project and reported the condition of the street was unrepairable. There was an inadequate storm sewer in the area around Osgood, Lake, Hayden and Lewis. The proposed project would bring a new storm sewer into the area, but some properties would re- main connected to the northwest storm sewer and would not be assessed again. The city would be replacing hydrants, adding valves, and realigning the storm sewer. It was reported that when the sanitary sewer lines were televised, it revealed roots in some of the lines. The intersection cost, sideyard cost, and sanitary sewer re- placement cost would be city expense. Some drains may be assessed to the property owners, but they will only be assessed once. The front foot cost would be about $38 to $46 per front foot, and the sanitary sewer cost would run about $600-800 per parcel. Engineer Rodeberg stated all three streets run between 40 feet to 44 feet in width. A standard street size is 36 feet, while some run as narrow as 32 feet. A 32 foot width is recommended in the City Comprehensive Plan. The Engineer commented this was a good time to do the project since there were low bond rates, low interest rates, and a liberal city assessment policy. He stated that all of those items were bound to change, increasing future costs. He reviewed the deferred assessment policy and the tax roll. Mr. Leroy Reinert, 946 Thomas Avenue, commented the proj- ect was based on the condition of the streets. He in- quired when improvement on Thomas was last done. Engineer Rodeberg stated the street was 28 years old and starting to crack. The city was considering doing the whole area at one time. The four inch water main project could possibly be done later. There was a problem with the size of the lines and water on the street. Mr. Richard Wagner, 945 Thomas Avenue, was opposed to what was being proposed. He couldn't see any reason to F CITY COUNCIL MINUTES - NOVEMBER 26, 1991 come up with money to pay for a project resulting from neglect in this area. He said nothing had been done to the road for years. Engineer Rodeberg commented that Thomas Avenue does not have a surface. It does not work to seal coat the road. He reported that 20-25 years was the life expectation for streets, and many streets are replaced after 20-30 years. Mr. Charles Johnson, 955 Thomas Avenue, commented on the condition of the street. Mr. Randy Buboltz, 956 Osgood Avenue S.W., inquired about the crown of the road and if it would be changed if the project proceeded. He commented that cars scrape on it. Mr. Buboltz asked about the cost estimate between 44 feet and 32 feet and inquired if the Engineer recommended a narrow road. He also wondered about the storm sewer be- hind the residential house and if he would have to pay for a lateral line if it did not affect him. He had al- ready paid for a southwest storm sewer assessment. The City Engineer responded a four inch crown was stand- ard for a road. He reported the cost difference between a 44 foot street and 32 foot street would be about $4-5 per foot. The property owner was not usually assessed for a lateral if there was no benefit. Engineer Rodeberg commented that a narrower road would reduce traffic speed. Mr. Tom Pohlen, 975 Thomas Avenue, referred to the 44 foot versus 32 foot roadway. He asked about the driveway panel and if the City would hook it up to his property. Mr. Pohlen requested clarification regarding the water service and for information on a four inch water line. He inquired about the six percent assessment interest charge and stated it should be included in the statement. Engineer Rodeberg stated some people do the driveway panel construction privately, but the City would include it. Mr. Rodeberg explained that some water service had lead in it, which needed to be replaced. If there was a known water problem, it would require a different line. The installation of a larger line would be City cost. The Engineer stated the minimum size had changed to an eight inch line since a four inch line was not large enough for fire protection. Mr. Gordon Schierman, 365 Lake Street, asked if Lake 3 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Street would be cut back at the intersection of Osgood. He commented he did not see standing water very often, and there was no problem with water on his property. He could not see any property benefit. Engineer Rodeberg commented the answer was "no" regard- ing cutting back the Osgood/Lake intersection. He stated Osgood was in bad shape because it lacked proper drain- age. Each concrete curb and gutter section was poured separately, and they shift around. Once the seal was broken, the life was gone. In the City, Osgood showed the highest street maintenance costs. Mr. John Orvis, 926 Thomas Avenue, stated his property came to a point. He wondered if there was any differen- tial on assessments. Engineer Rodeberg stated Mr. Orvis would get a reduced rate, and the parcel would be squared off. Ms. Margaret Theis, 405 Lake Street, could not see any need for the project. Mr. Earl Hanson, 949 Hayden Avenue, inquired about sewer problems and wanted to know if anyone was complaining. He did not think there was any problem. Engineer Rodeberg responded the problem was an undersized sewer and inadequate drainage. Mr. Steve Wick, 500 Fischer Street, asked how much was being spent yearly on these streets. He was willing to pay for seal coating. The residents get angry when the City does not do maintenance, and they have to pay a large amount for street improvements. The City Engineer reported $5-8,000 a year was spent on the Hayden/Osgood/Lake area. The City cannot properly maintain streets without permanent surfaces. Engineer Rodeberg stated the City could not afford to keep main- taining temporary surfaces which are not gaining any life. The seal coat only covers the surface but does not add any strength to the surface. He stated it is becom- ing extremely difficult to maintain these streets since no good quality blacktop exists to pave and patch against. Ms. Carol Wagner, 945 Thomas Avenue, stated she did not have a water problem. However, the Plaza 15 mall and 4 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Cash Wise have the water which prevents cars from getting up to Thomas. Engineer Rodeberg commented that the City was not encour- aging sidewalks since the City pays for them. He stated the Thomas Avenue residents paid for their street in 1964, and it has lasted 28 years. He commented that more and more costs were being assessed, and people may soon have to pay for maintenance costs as an assessment. The project could be delayed, but there were certain costs which would be borne by the residents later if the project was not done. Earl Hanson asked where the sanitary sewer problems were located. Engineer Rodeberg responded it had collapsed in two spots, and there were tree roots in the line in several areas. He was surprised the residents had not experi- enced sanitary sewer backup problems. Mrs. Garfield Krasean, 205 Lake Street, stated they have had water in their basement which came from Lake Street. Mayor Ackland stated that if the residents were opposed to the project, the City would not proceed with it. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to close the hearing at 8:50 P.M. The motion was made by Alderman Torgerson to reject Proj- ect No. 92-01, Letting No. 1. Motion seconded by Alder- man Lenz and unanimously carried. (b) LETTING NO. 2, PROJECT NO. 92-02 Mayor Ackland called the hearing to order and read Publi- cation No. 4319 for Letting No. 2, Project No. 92-02. Engineer Rodeberg reviewed the project and reported that none of the area streets had permanent surface or curb and gutter. Also, the storm sewer was undersized. A 4" line comes up from Washington and across the residents' back yards. It was necessary to replace any water service with lead in it. In some areas the sanitary sewer line runs behind the houses. The City would pay the replacement cost for the water main and sanitary sewer lines, but the water and sewer services themselves 5 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 would be assessed to the benefitted property. The City was proposing concrete curb and gutter the entire proj- ect, with 321wide to 40' wide streets. Engineer Rodeberg mentioned lems in the area, including during heavy rainfall. The lated on the bids received. yard costs. alley construction and prob- flooding at the liquor store assessments would be calcu- The City would pay the side Mr. Bruce Mortenson, 375 First Avenue N.W., asked how far the project would go. A lady with a corner lot inquired if she was connected to the sewer and water line from Washington Avenue. She wondered if her narrow 8' driveway on a corner lot (60' X 1001) could be made wider. The City. Engineer stated the property owner would be assessed for the short side of a corner lot. She could not be assessed for a project the second time. Mr. David Glesne, 36 Franklin Street N.W., commented he had lived at his present address one year. He thought the street looked in good shape. He asked if the City planned to pave the parking lot next to his house since it was the only heavily used parking lot that was not paved. Mr. Glesne stated they could not open the windows in the summer because of the dust. Cars drove fast through the lot. He inquired if a hedgerow could be put in. Mr. Glesne asked how old the water service was. Engineer Rodeberg reported there were no permanent streets, and the City had a downtown parking plan. He then discussed some proposed plans in the area. The City would pick up most of the cost. Mr. Eugene Doucette, 35 N.W. Glen Street, asked if the project would go through the alley of Glen Street. He wondered if he would be assessed for the water and sewer service which was upgraded by his'property. The water line in his basement was abandoned, and he would like to get rid of it and eliminate one line. The City Engineer responded the work on the alley south of Washington Avenue had been done by the City because of police use of the alley. There were no plans on paving alleys unless the residents wanted to pay for it. 2 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Mr. Jerry Kockelman, 234 First Avenue N.W., commented on the width of the street. He asked if it would match up with the other street. Mr. Kockelman was not in favor of widening out the street as he would lose some trees; how- ever, he would approve a curb and gutter project. Engineer Rodeberg stated the City would try and design the project to save trees, and provide a reasonable level of service. Dr. Jim Kuehl, 85 First Avenue N.W., inquired about the area outlined which would receive the proposed projects. He asked if the street surface would be bituminous. Fol- lowing discussion of lot 7, property of the City, Dr. Kuehl wondered if it would be blacktopped at some future time. An unidentified man inquired about the alley and what would be done with it. The City Engineer reported there was no proposal at this time. Ms. Audrey Field, 46 Franklin Street N.W., stated her property was a commercial lot. She inquired about de- ferred assessments. Engineer Rodeberg stated a thicker street would be put in at a higher cost than residential streets. The project would be assessed on the basis of the existing use of the property. A deferred assessment would have to be paid at some future time if the use changed. Atty. Roger Gilmer, 315 First Avenue N.W., commented on the narrowness of the street running north and south. He asked about the curb and gutter going past his property and if anything would be done on both sides of Lots 6 and 7. He also inquired about parking on Cedar Avenue. Engineer Rodeberg stated the project would be assessed on the basis of the parcel and not the lot. Dr. Jim Kuehl asked if he would be assessed for both sides of his property. The City Engineer answered the assessment would be for the 661 side. 7 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Mr. Jerry Kockelman wondered how he would be assessed since his lot was not very deep but wide. Mr. Bruce Mortenson asked about the deadend driveway and stated it was in rough shape. Engineer Rodeberg reported the public right-of-way went into Mortenson's driveway, but the City wouldn't put in a curb and gutter that far back. He proposed to stop after the last intersecting driveway. Mr. Eugene Doucette asked if Glen Street would be the same size. Mr. Ray Kamrath, 246 Cedar Avenue N.W., inquired how wide the street would be. He stated he had the newest curb in the area. Engineer Rodeberg replied the street would be 32' wide. Mr. John Gregor, 266 First Avenue N.W., commented his property was a corner lot. He questioned if he would be assessed on the Cedar Avenue or First Avenue side. The City Engineer stated the assessment would be based on the short side of the parcel. The motion was made by Alderman Torgerson to close the hearing at 9:30 P.M. Alderman Erickson seconded the mo- tion and unanimously carried. The motion was made by Alderman Erickson, seconded by Alderman ,Torgerson and unanimously carried, to order plans and specifications and to waive reading and adopt Resolution No. 9611. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REPORT ON BOND ISSUE BY UTILITIES MANAGER Mr. Clarence Kadrmas, Hutchinson Utilities Manager, pre- sented a report on the upcoming utilities bond issue. 7. RESOLUTIONS AND ORDINANCES 8 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 (a) ORDINANCE NO. 91-49 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING CERTAIN STREETS AND UTILITY EASEMENTS LOCATED WITHIN THE CITY OF HUTCHINSON; AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Lenz, seconded by Alder- man Torgerson and unanimously carried, to waive second reading and adopt. (b) ORDINANCE NO. 91-50 - ORDINANCE TO AUTHORIZE TRANSFER OF INTEREST FOR LIBRARY SQUARE BUILDING The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to waive second reading and adopt. (c) RESOLUTION NO. 9607 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9608 - RESOLUTION TRANSFERRING $55,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive read- ing and adopt. (e) RESOLUTION NO. 9609 - TRANSFERRING $152,479 FROM 1991 IMPROVEMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9612 - RESOLUTION AMENDING RESOLUTION NO. 8373 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR CITIZENS DEFERRED ASSESSMENTS AND SENIOR CITIZENS REDUCED REFUSE RATE The motion was made by Alderman Erickson, seconded by Alderman Mlinar, to waive reading and adopt. Adlerman Erickson moved to amend Resolution No. 9612, motion sec- onded by Alderman Mlinar and unanimously carried. Main motion unanimously carried. N CITY COUNCIL MINUTES - NOVEMBER 26, 1991 8. 9. (g) RESOLUTION NO. 9613 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MINNESOTA - The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. UNFINISHED BUSINESS None. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to discontinue service at noon on December 2 unless other arrangements had been made. Following discussion of the Country Club Terrace delin-. quent account, the motion was made by Alderman Torgerson to exclude Country Club Terrace from the shut-off list. Motion seconded by Alderman Mlinar and unanimously car- ried. (b) CONSIDERATION OF SETTING PUBLIC HEARING FOR MARK GAARDER'S INTOXICATING LIQUOR LICENSE APPLICATION Mr. Mark Gaarder reported he intended to open a restaur- ant and bar in the Hwy. 15 West site of the former Papa Vern's and Spanky's. The restaurant was scheduled to, open mid-December and the bar around the first of January 1992, following issuance of an intoxicating liquor license. Following discussion, the motion was made by Alderman Torgerson to set a public hearing on December 17, 1991 at 4:30 P.M. Motion seconded by Alderman Mlinar and unani- mously carried. (c) CONSIDERATION OF 1992 SOLID WASTE FUND APPROPRIATION AND FUNDING AGREEMENT Following, discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into agreement. 10 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 (d) DISCUSSION OF PLATTING CITY PROPERTY ON T.H. 22 SOUTH Engineer Rodeberg requested that all city property located along T.H. 22 South be platted. The estimated platting cost would be $2,500 to $3,500. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve property survey. (e) DISCUSSION OF STURGES PROPERTY AND COUNTY FAIR SITE Following discussion, the City Attorney was directed to contact the property owner and purchaser that the City will assess for drainage improvements carried on the City records when the property comes into the City limits. (f) CONSIDERATION OF AWARDING BID FOR ONE DUMP BODY, HOIST, HYDRAULICS, SANDER AND BOX VIBRATOR Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve the bid of J -Craft Inc. for $11,543, including installation of equipment. (g) CONSIDERATION OF AWARDING BID FOR TWO NEW 1992 ONE TON DUMP TRUCKS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and award bid to Plowman's for two new 1992 . Crysteel body dump trucks for net price of $47,134, with trade-in of 1981 Chevrolet dump truck and 1980 HMC pickup retained for future City auction. (h) CONSIDERATION OF VARIANCE REQUESTED FOR AWNING BY EVERETT HANTGE, HANTGE FUNERAL CHAPEL, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9605. (i) CONSIDERATION OF VARIANCE REQUESTED BY CITY FOR NONCONFORMING LOT VACATED ON SCHOOL ROAD NORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman 11 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Erickson, seconded by Alderman Lenz and unanimously carried, to approve and to waive reading and adopt Resolution No. 9606. (j) CONSIDERATION OF FINAL PLAT SUBMITTED BY FRED SCHMOLL WITHIN TWO MILE RADIUS (LYNN TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to refer to the County with no objection. (k) CONSIDERATION OF CHANGE IN INVESTMENT POLICY Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve. (1) DISCUSSION OF REDISTRICTING CITY OF HUTCHINSON PRECINCTS Mayor Ackland explained the city would be redistricted into two precincts with two commission areas. The city would be divided into two equal parts. After adoption, the redistricting would be in effect for 10 years. City Attorney Anderson was directed to prepare an ordi- nance for the December 10 meeting. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz inquired about a recommendation for the 1992 annual wage adjustment and the method to be used. Following discussion, it was the unanimous consensus of the Council to wait until the Governor/ Legislature deter- mine to what extent the municipalities throughout Minne- sota may be affected by reductions in local government aid revenue. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz commented about the letter received from the bowling alley owner. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR 12 CITY COUNCIL MINUTES - NOVEMBER 26, 1991 Alderman Mlinar asked the City Attorney about the agree- ment for 'Christmas tree sales on city property at the Civic Arena. The agreement was being prepared. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented that a date for mid-December court had been set to obtain permission to demolish the house and clean up the Starks property. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:30 P.M. 13