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06-25-1991 CCMF .11 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 25, 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 Atty. Joe Paiement of Arnold & McDowell law firm. 2. INVOCATION The invocation was given by the Rev. Thor Skeie. 3. MINUTES The minutes of the regular meeting of June 10, 1991 and bid openings of June 17 and June 18, 1991 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1991 2. AIRPORT COMMISSION MINUTES - JUNE 10, 1991 3. PLANNING COMMISSION MINUTES - MAY 21, 1991 The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING - 8:00 P.M. (a) LUDTKE LANE - LETTING NO. 16, PROJECT NO. 91-24 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4259. The Mayor outlined the deferred special assessments procedure for owners over 65 years. Engineer Rodeberg presented an overhead of two project options and explained the assessment costs. He stated this project was rejected last year. The sewer service would run only to manhole 5. Audrey Cox, 920 Golf Course Road, inquired about the cost A, Q4 CITY COUNCIL MINUTES - JUNE 25, 1991 to Ludtke Lane. She wondered if the service to the man- hole made any difference in cost. When the property was purchased she was told the sewer and water would be put in back of the lots. Mrs. Cox stated it didn't matter to them as long as they were not assessed again. Engineer Rodeberg responded that the assessment was based on the lot size. The service was only going to the man- hole which made a difference in the cost. The City En- gineer commented it could be cheaper to run a service line along the back lots. Since they would not be served now, they would not be assessed until service is pro- vided. Don Gilbertson, 950 Ludtke Lane, stated he had a lot of bitterness regarding this project. He was told by the City Council he could not fix his drain field. When a public hearing was held on this project the residents op- posed it. Mr. Gilbertson then reapplied for a building permit to put in a drain field. He commented that two properties were assessed on side footage, but he was assessed on front footage. If the project is approved he will pay for it twice. He was against the project. Mayor Ackland commented that the project price was cheap- er this year. The Council and Engineer had spent a lot of time on this project. Mrs. Don Gilbertson asked why the Council didn't come to that conclusion last year before they replaced their sep- tic system. It wasn't their choice to put in a new drain field, but they were forced to do so because the Council rejected a building permit to repair it. She -wondered why this project was brought up now. Engineer Rodeberg stated it was state law to go through the hearing process. He stated the Gilbertsons would be credited on assessment costs since they put in a septic system at their own cost. The project was based on feasibility, and due to opposition last year, it was de- termined to be unfeasible. Dan Schrader, 910 Golf Course Road, inquired if there were any plans to plat the back lot and, if so, where it would come from. Engineer Rodeberg stated that there was no current plan to do so. 2 CITY COUNCIL MINUTES - JUNE 25, 1991 Leroy Hlavka, 925 Ludtke Lane, expressed concern about digging up the lot and the problem with water again. He asked about dropping a line. Mrs. Don Gilbertson asked what the City Engineer meant by "somewhat" credited for the cost to their septic system. She also commented on the average of four sides. Engineer Rodeberg stated the City Council would have to determine what was reasonable, but he had recommended that the credit relate to their cost last year. He also noted that he would check their frontage length. Carol VanOrt, 930 Ludtke Lane, asked about the timing of the project. She has a serious problem that needs to be resolved by fall. Engineer Rodeberg stated there would be a project assess- ment hearing at the first Council meeting in August. If approved the work would be done by October. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to close the hearing at 8:25 P.M. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve the plans and specifications, to order advertisement for bids on July 26, 1991 at 10:00 A.M., and to waive readings and adopt Resolutions No. 9524 and No. 9526. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve a credit for 100 percent cost of the new septic system to Don Gilbertson. (b) ASSESSMENT ROLL NO. 269 - LETTING NO. 4, PROJECT NO. 91-04, 91-05, 91-06 Mayor Ackland called the hearing to order at 8:30 P.M. and read Publication No. 4256. PROJECT NO. 91-04 Engineer Rodeberg presented an overhead of the project and explained the cost breakdown. This area was located 3 CITY COUNCIL MINUTES - JUNE 25, 1991 in the road grading system and required much maintenance. The total assessment cost would be $227,384. He reported a petition was received from 17 property owners request- ing blacktopping of the alley between Main Street S. and Hassan Street S. between Fifth Avenue S.E. and Sixth Avenue S.E. Ron Shun, 515 Hassan Street S.E., presented a petition with 28 signatures from owners and residents on Hassan Street requesting that the project not be approved. All but four residents had signed the petition. He stated it was a high maintenance street and was redone as a tem- porary street which lasted about seven years. There was no water problem where he lived. The water and alley problems are separate issues and do not affect the east side of the street. The present street is serviceable, and he didn't see any need for the project which would cost a lot for what would be received. Engineer Rodeberg commented that Glen Street was further damaged during this last winter. The street was hard to plow, the catch basin didn't take all the water, and it was hard to clean. The maintenance costs on this street were the highest in town. Rick Larson, 535 Hassan Street S.E., stated that Hassan picks up all the water that runs down from other sur- rounding streets, and the residents in this area are ex- pected to pick up the cost. It would take a minimum of a 30" storm sewer to handle the water problem. Hassan Street has been torn up twice. He commented the front yards disappear under water. He asked if the Council could guarantee this would not happen. Engineer Rodeberg reported the street damage problem was caused by water in the street. The City would not be constructing a whole new storm sewer. There would still be storm sewer and ponding problems, but the City hoped to reduce it to a non -dangerous level. Kelmer Stroklund, 526 Hassan Street S.E., commented it did not make much difference what was there when it was full of leaves, etc. Catherine McGinnis, 505 Main Street S., questioned the legality of including an alley project when it was not 4 CITY COUNCIL MINUTES - JUNE 25, 1991 included in the previous notice. She was surprised when she received an assessment for alley work when the resi- dents were not asked if it was needed. Dr. McGinnis did not think it was fair to charge the land owners along the whole block when only a few people were benefitted. She commented on the way alley work was done in the Twin Cities. Engineer Rodeberg commented that one side of the alley would be higher than the other side, and a "V" shaped alley wouldn't match the existing elevations of yards and driveways. Floyd Miller, 560 Hassan Street S., stated he had written a question and answer sheet covering a period of time. Mrs. Emanuel Kock, 586 Hassan Street S., commented it would be nice to have the alley paved since there is a need for improvement with curb and gutter. There is a drainage problem, and the water runs off the alley into her garage and over the street when it rains. She stated alley traffic was terrible. Jon Otteson, 558 Hassan Street S., inquired about side- walks and if all the sidewalks would be replaced. He asked the reason for not doing the complete street proj- ect and questioned the double cost on some of the proj- ects. Engineer Rodeberg stated only sidewalks needing replace- ment would be replaced. He reported the project costs this year were the lowest they have been for some time. The City Engineer stated that since temporary surfaces only last five to 10 years, the City has to look at its serviceable life. June Wick, 535 Main Street S., asked if there are always storm sewers in alleys. She expressed concern that her garage might not line up with the curb. Engineer Rodeberg stated it The 4" curb on the east side water from running over. was an extra long alley. of the alley was to keep the Dr. Catherine McGinnis inquired about a drain in' the mid- dle of the alley rather than a curb. She stated the curb 5 CITY COUNCIL MINUTES - JUNE 25, 1991 would create a bump to drive over for access to the garage. She wondered if there was a way to satisfy the two property owners to get the water out of their yards. Engineer Rodeberg reported there were some utilities cables in the alley that were to be replaced so some lines would be buried under the alley. Floyd Miller asked about the difference in cost if the project was done in phases. He stated there would be extra cost to go back in so do it all at one time. Darwin Maus, 545 Hassan Street S.E., reported he had called earlier for information regarding the project. Cathy Hoff, 566 Hassan Street S.E., asked about the trees. Engineer Rodeberg stated the City would go down the center of the street and leave the trees in tact. He recommended dropping the alley from the project and considering it as a project next year. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to close the hearing at 9:12 P.M. PROJECT NO. 91-05 No one was present to be heard on Project No. 91-05. PROJECT NO. 91-06 No one was present to be heard on Project No. 91-06. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to close the hearings at 9:15 P.M. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve and adopt Assessment Roll No. 269, to award contract to Wm. Mueller & Sons, Inc. for $189,487.10, deleting cost of the alley, and to waive readings and adopt Resolutions No. 9516 and No. 9519. 3 CITY COUNCIL MINUTES - JUNE 25, 1991 Mayor Ackland read a letter from Ruth Schroeder, 725 Hassan Street S., opposing project No. 91-04. (c) ASSESSMENT ROLL NO. 270 - LETTING NO. 7, PROJECT NO. 91-13, 91-14 Mayor Ackland called the hearing to order at 9:30 P.M. and read Publication No. 4257. No one was present to be heard on Projects No. 91-13 or 91-14. The motion was made by Alderman Erickson to close the hearing at 9:31 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Mayor Ackland read a letter from the Word of Life Out- reach Center appealing the assessment amount on Project No. 91-13 based on the subdivision agreement. Engineer Rodeberg reported the subdivision agreement was not recorded or had been followed in the past. The assessments were based on the current City policy on assessments. He stated Wal-Mart agreed to pay for half of Baltimore Avenue. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and adopt Assessment Roll No. 270, to award contract to Wm. Mueller & Sons, Inc. for $45,372.50, and to waive reading and adopt Resolutions No. 9517 and No. 9520. (d) ASSESSMENT ROLL NO. 271 - LETTING NO. 10, PROJECT NO. 91-11 Mayor Ackland called the hearing to order at 9:35 P.M. and read Publication No. 4258. Carol Stark, 545 Lynn Road S.W., questioned the proposed assessment figure given in the notice of hearing. Brian Stark, 545 Lynn Road S.W., asked if the assessments were actual cost. He inquired if his corner lot would be subject to any additional assessments before building. Engineer Rodeberg responded the cost was on a per lot basis. 7 CITY COUNCIL MINUTES - JUNE 25, 1991 Steph Schumaci, 834 Brown Street S., questioned when the curb and gutter would be installed. Engineer Rodeberg stated it was difficult to determine a time due to weather. The motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to close the hear- ing at 9:40 P.M. The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to*approve and adopt Assessment Roll No. 271, award contract to Quam Construc- tion Company for $150,189.40, and waive reading and adopt Resolutions No. 9518 and No. 9521. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY MARK FLATEN AND DENNIS POTTER OF CITY'S LIABILITY AND WORKMAN'S COMPENSATION COVERAGES Insurance agent Dennis Potter and insurance consultant Mark Flaten presented a report on the City's liability and workman's compensation coverages. It was reported the major change from the past year was that the hospital and nursing home workers' compensation coverage would be written through Lumberman's Insurance Company. The City and utilities coverage would remain with the League of Minnesota Cities program under a retrospective rating plan. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve renewal. (b) CONSIDERATION OF PETITION FOR STREET LIGHTING AT ROLLING GREENS LANE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz, to refer to the Utilities. During discussion Engineer Rodeberg questioned the City paying for lighting on private property. Three street lights would comply with City policy, and the other two lights would be at a per month cost to the property owners for the light and pole. 8 CITY COUNCIL MINUTES - JUNE 25, 1991 Alderman Mlinar amended his motion that the City pay for three street lights on City right-of-way, and the other two street lights be charged to the property owners. Alderman Lenz seconded the amended motion and unanimously carried. The main motion unanimously carried. (c) CONSIDERATION OF REQUESTS FOR ARTS AND CRAFTS FESTIVAL SEPTEMBER 13-14, 1991 Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the requests. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 91-35 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, REPEALING SECTION 2.57 OF THE CITY CODE AND AMENDING SECTION 2.58 GOVERNING HOSPITAL AND NURSING HOME OPERATIONS AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive second reading and adopt amended Ordi- nance No. 91-35. (b) RESOLUTION NO. 9522 - RESOLUTION ESTABLISHING CERTAIN TRAFFIC CONTROL DEVICE LOCATIONS The motion was made by Alderman Erickson, seconded by Alderman' Torgerson and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RATE INCREASE FOR JUNKER SANITATION SERVICE TO COVER LANDFILL TIPPING FEES INCREASE (DEFERRED JUNE 10, 1991) The City Administrator commented on the City's request for Junker to provide a breakdown on yardage taken to the landfill. Based on Junker's data, Administrator Plotz stated a 44 cent monthly adjustment per account would be a sufficient landfill increase. It would not include 2 CITY COUNCIL MINUTES - JUNE 25, 1991 cost of living since Junker had not justified an opera- tional cost increase. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve a landfill tipping fee increase of 44 cents per month/per account, retro -active to May 1, 1991. (b) CONSIDERATION OF LEASE AGREEMENT FOR OLD WASTEWATER PLANT Mr. Gene Jeseritz presented a proposed lease agreement to rent the old wastewater plant. He stated the research would be performed by Agriculture Utilization Research Institute. During discussion it was stated the City would like to store its jetter in the old plant. The motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously carried, to defer to the next meeting. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve discon- tinuation of service unless other arrangements were made. (b) CONSIDERATION OF ADVERTISING FOR BIDS ON HOCKEY DASHER BOARDS AT CIVIC ARENA Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve advertisement for hockey dasher boards. (c) CONSIDERATION OF AWARDING BID FOR LETTING NO. 10, PROJECT NO. 90-20, CROW RIVER DAM REPAIR Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve bid from All Tech Engineering for $23,820 and to waive reading and adopt Resolution No. 9525. 10 CITY COUNCIL MINUTES - JUNE 25, 1991 (d) CONSIDERATION OF FINAL DRAFT OF CITY'S COMPREHENSIVE PLAN Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to approve the plan. (e) DISCUSSION OF PROPOSED WALKING BRIDGE OVER SOUTH FORK CROW RIVER BETWEEN LUCE LINE TRAIL AND TARTAN PARK It was reported that a resident had offered to donate a pedestrian bridge to the City. The City would pay for the footings, approaches and installation. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to get a cost estimate from Barr Engineering. (f) CONFIRMATION OF QUIT CLAIM DEED TO CURTIS ERICKSON FOR LAND ON SOUTHWEST SCHOOL ROAD BRIDGE APPROACH PURCHASED FROM CITY FEBRUARY 24, 1981 Curtis Erickson purchased land from the City in 1981; however, he apparently never received a quit claim deed. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize signature on deed. (g) CONSIDERATION OF REQUEST BY BUILDING OFFICIAL TO HIRE MARK HENSEN AS FULL-TIME BUILDING INSPECTOR AND TO EXPAND SECRETARIAL HOURS TO HALF-TIME Building Official Jim Marka requested to change the status of the Building Inspector position from part-time to full-time and to increase the secretarial hours to half-time. During discussion it was the consensus of the Council that the Building Inspector's hours would be reduced back to part-time if the workload declined. The secretarial position will be reviewed at budget time. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to hire Mark Hensen as full-time Building Inspector with a review after one year. 11 CITY COUNCIL MINUTES - JUNE 25, 1991 (h) CONSIDERATION OF APPOINTMENTS TO NEW HOSPITAL AND NURSING HOME BOARD ONE YEAR TERM (1991-92) - REV. THOR SKEIE TWO YEAR TERM (1991-93) - DORI JOHNSON, JIM MILLS THREE YEAR TERM (1991-94) - ELAINE BLACK, RICHARD MYERS FOUR YEAR TERM (1991-95) - MIKE CARLS, ROGER GILMER MEMBERS AT LARGE: CITY COUNCIL REPRESENTATIVE (ANNUAL APPOINTMENT) - MARLIN TORGERSON; CHIEF OF MEDICAL STAFF (TWO YEAR APPOINTMENT) - DR. DEAN NISSEN The motion was made by Alderman Mlinar, seconded by Ald- erman Erickson and unanimously carried, to ratify the appointments. (i) CONSIDERATION OF VARIANCE REQUESTED BY DICK REGINEK FOR GARAGE CONSTRUCTION WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve the unfavorable recommendation of Planning Commission. (j) CONSIDERATION OF VARIANCE REQUESTED BY DAVID REECE FOR GARAGE CONSTRUCTION WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION During discussion it was reported the lot width was sub- standard with no alley on the property line. The motion was made by Alderman Torgerson, seconded by Alderman Erickson, to approve the recommendation of plan- ning staff and grant a variance due to 50 foot yard hard- ship. The motion was amended by Alderman Torgerson to reject the Planning Commission recommendation and to ap- prove the planning staff recommendation for a variance of three foot sideyard and three foot rear yard setbacks due to uniqueness of lot size and to waive reading and adopt Resolution No. 9527. Amended motion seconded by Alderman Erickson and carried four to one, with Alderman Lenz vot- ing nay. Main motion carried unanimously. 12 CITY COUNCIL MINUTES - JUNE 25, 1991 (k) CONSIDERATION OF REVISED PRELIMINARY AND FINAL PLAT REQUESTED BY HUTCHINSON SCHOOL DISTRICT OF THE "SCHOOL DISTRICT PLAT" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz reported the school district submitted a letter stating it will pay 50 percent of the existing and future assessments attributable to the park, per the original subdivision agreement. The motion was made by Alderman Mlinar, seconded by Alderman Lenz, to approve the final plat and to waive reading and adopt Resolution No. 9450. Motion carried four to zero, with Alderman Erickson abstaining from voting. (1) CONSIDERATION OF REZONING ON HWY. 7 EAST REQUESTED BY CITY STAFF WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the unfavorable recommendation of the Planning Commission. (m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DALE WRIGHT TO MOVE IN A SHED WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the permit and to waive reading and adopt Resolution No. 9523. (n) CONSIDERATION OF FINAL PLAT OF LYNN VIEW SUBDIVISION SUBMITTED BY PETE KASAL (TWO MILE RADIUS) WITH NO RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to refer to the County with no recommendation. (o) CONSIDERATION OF REVISED SITE PLAN SUBMITTED BY ROBERT HORNICK WITH NO ACTION BY PLANNING COMMISSION Building Official Marka stated the Hornick site plan was 13 M CITY COUNCIL MINUTES - JUNE 25, 1991 for the new canopy and islands only, and it did not ad- dress areas of concern regarding curb cuts, drainage, and green space to the east and south. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz, to require a com- plete site plan for the gas station property which ad- dressed the concerns. Alderman Torgerson amended the motion to withdraw Hornick's building permit if the re- vised site plan was not presented to the City. Amended motion seconded by Alderman Lenz and unanimously carried. Main motion carried unanimously. (p) CONSIDERATION OF REVISING PLANNING FEE SCHEDULE FOR SERVICES Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve staff recommendations for increased fees. (q) CONSIDERATION OF FARM LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND STEVEN HAHN Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve a three year lease with Steven Hahn. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the contractor's insurance terminated on the metal building to be demol- ished on the Shopko site. An extended policy would cost $1,300, and the contractor was willing to pay $400 toward the insurance cost. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the insurance terms. Administrator Plotz commented on the survey questions being put together by the City's intern. 14 10 CITY COUNCIL MINUTES - JUNE 25, 1991 (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the sod situation in Clifton Heights and the dirt and stones on Seventh Avenue. Engineer Rodeberg stated the Clifton Heights work was be- ing , completed by the contractor, and Otto Templin will be cleaning up the street at Seventh Avenue. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. The motion was made by Alderman Mlinar, seconded by Ald- erman Erickson and unanimously carried, to approve pay- ment of $1,000.00 to Diamond 5. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:50 P.M. 15