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05-28-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 28, 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. INVOCATION The invocation was given by Father Richard Gross. 3. MINUTES The minutes of the regular meeting of May 14, 1991 and bid opening of May 20, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1991 2. PLANNING COMMISSION MINUTES - APRIL 16, 1991 3. PARK & RECREATION BOARD MINUTES - MARCH 27, 1991 4. AIRPORT COMMISSION MINUTES - APRIL 27, 1991 5. SR. ADVISORY BOARD MINUTES - APRIL 4, 1991 6. NURSING HOME BOARD MINUTES - APRIL 25, 1991 (b) APPOINTMENT TO HRA - LYLE VANHALE The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to order report and minutes filed and ratify appointment. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 15 - PROJECT NO. 91-22 & 91-23 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4255. He commented there would be a 10 -year payment period at 6.5% - 7% interest for owners placing the improvement assessment on the tax roll. Also, a deferred special assessment was available for persons over 65 who qualified. r� r CITY COUNCIL MINUTES - MAY 28, 1991 Engineer Rodeberg presented an overhead of the area and commented that 10 lots would be assessed according to the subdivision agreement at $2,100 per lot. PROJECT NO. 91-22 No one was present to be heard regarding improvement of Cheyenne Street in Plaza Heights Addition, Project No. 91-22. PROJECT NO. 91-23 Engineer Rodeberg reported on the proposed project. Gary Graham, 655 Hillcrest Road N.E., asked for an esti- mated cost to his property and inquired why the project was being done. He commented that when new houses are built in the area, the street will be torn up for utilities installation. He has a hole in the front yard where the water was shut off before. Mr. Graham thought there was little maintenance on the road. Engineer Rodeberg reported the utility replacement would be City cost. He explained the project and stated the existing curb and gutter would be left in place with a blacktop surface. Evelyn Heilman, 624 Hillcrest Road N.E., stated she owned lot one and asked about the timeframe for the project. The City Engineer commented that Ms. Heilman's property would only be assessed for the short side on a corner lot. The assessed cost would be about $2,400, and the project was scheduled for late fall. Pat Machtemes, 700 Walnut Street, commented it would take over 10 years to pay for the assessment. Out of the six lots, four lots were owned by the County and had not been purchased in two years. Therefore, the City will receive money only from him and another property owner. The City Engineer stated the people living in the area deserved to have the roads finished. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to close the hearing at 8:26 P.M. 2 CITY COUNCIL MINUTES - MAY 28, 1991 Alderman Erickson moved to proceed with project No. 91-22 by ordering plans and specifications, to drop project No. 91-23, and to waive reading and adopt Resolution No. 9500. Motion seconded by Alderman Mlinar and unanimously carried. (b) PROPOSED TRAFFIC CONTROL REVISIONS Mayor Ackland called the hearing to order at 8:27 P.M. and read Publication No. 4246. Engineer Rodeberg presented an overhead of the proposed downtown traffic control revisions along Main Street (T.H. 15), from the Crow River bridge to Oakland Avenue, and encompassing the area of Jefferson Street, Hassan Street, and Franklin Street. He stated the majority of accidents occur on Main Street and Hwy. 15, Third and Hwy. 15, and First and Hwy. 15. June Wick, 535 S. Main, objected to a stop light on Main Street at Fifth Avenue S. as it would ruin the aesthetic appearance of the highway. Also, the noise of coming to a stop would be unpleasant. Ms. Wick didn't think a stop light should be in a residential area. Although safety is important and a primary concern, she felt the traffic could be handled. She thought the fast traffic was not obeying the speed limit, and there should be more patrol at peak hours. Some drivers would go down alleys to avoid the stop light. Ms. Wick commented that when the homes were built on Main Street, this was not the main route. She suggested getting the ring road in place as the city needs one more artery road besides Main Street. Engineer Rodeberg responded that the City was being progressive and trying to provide another east/west road. The City Engineer disagreed that traffic could be controlled without a stop light. Mayor Ackland stated the proposals would have to meet the MN/DOT's approval. There may be a higher traffic count on Main Street. He pointed out Grove and Jefferson are also residential areas. The City cannot stop people from using the alleys. June Wick presented a petition with 29 signatures to re- quest construction of a Hwy. 15 by-pass around town and a petition with 32 signatures opposing a stop light on Main Street at Fifth Avenue S. 3 CITY COUNCIL MINUTES - MAY 28, 1991 Kay Allen, 505 Main Street S., stated she lived on the corner that would have the proposed stop light. She didn't believe the problem was at that corner. Ms. Allen commented that since Third and Second were the major accident corners, the light should be installed there. She also suggested switching the truck traffic. Most of the trucks turn south at Main and Fifth Street, and very few turn north. She inquired if a stop light at Fifth and Main would include turning lanes and no parking. Mayor Ackland commented the problem with a truck by-pass was that it would be a longer route. Therefore, it would not be used. An unidentified gentleman stated that he lived on the east end of town and used Fifth Avenue. He thought the maintenance department neglected the street, except for early in the morning, so that a car could slide out into the intersection. Some cars back up and go down the alley. Randy Chrissis, 441 Main Street S., asked if the City would be creating a bottle neck with a stop light in its attempt to make traffic flow north to south. There would be longer waits and people driving down the alleys. The purpose of the truck route was to get trucks through town without shifting down many times. Instead, trucks will be backed up at the light and add to the congestion down- town. Mr. Chrissis said he lived at the corner and was concerned about the flow of traffic as well as the safety of children. He wanted to see safety emphasized. Engineer Rodeberg stated the City was trying to deal with both congestion and traffic flow. The stop light was needed for east/west flow onto Main street. The City Engineer stated there was no perfect solution. The town was not created for traffic flow. Police Chief Steve Madson stated the proposed traffic control revisions would provide a wider spreading of traffic flow. The City was discussing with MN/DOT how to alleviate some of the high traffic volume going through the community. Rettig Otto, 516 Adams Street S . E . , commented that anyone who suggested routing more traffic onto Adams didn't live 4 L1 CITY COUNCIL MINUTES - MAY 28, 1991 on the street. When 3M shifts let out, there is lots of traffic. He thought a route around town would help for big trucks and reduce the traffic on Adams. He was op- posed to four-way stops. Mayor Ackland reported he was working with 3M officials for an alternative truck route to reduce traffic on Adams. They were considering Michigan Street. Bob Evans, 516 Main Street S., asked the Police Chief what the speed limit was in alleys. He thought it was time to enforce alley speed limits and to have flashing lights at school areas. Mr. Evans asked what the recent traffic count was on Fifth Avenue going east or west. Randy Chrissis expressed appreciation of the time put into the study. He suggested an inspection of the alley situation and the number of children involved. The prop- erty owners need access to their garages and property. The motion was made by Alderman Erickson to close the hearing at 9:19 P.M. Motion seconded by Alderman Torger- son and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to send the pro- posed traffic control revisions back to the City staff for further review. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY ECONOMIC RESEARCH CORPORATION REGARDING LIQUOR STORE PROPOSAL President Ralph Chiodo and Consultant Kathy Roland pro- posed two phases for the new liquor store to be located in the downtown area. Following discussion, no action was taken. (b) CONSIDERATION OF REQUEST BY CHRIST THE KING LUTHERAN CHURCH TO USE LIBRARY SQUARE ON SEPTEMBER 8, 1991 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve request. 5 t CITY COUNCIL MINUTES - MAY 28, 1991 (c) CONSIDERATION OF REQUEST BY BUILDING OFFICIAL TO ATTEND NATIONAL I.C.B.O. CONFERENCE IN SPOKANE, WASHINGTON SEPTEMBER 8-13, 1991 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the conference. (d) DISCUSSION OF WAL-MART FINAL PLAT Since the signed Wal-Mart final plat was delivered to City Hall, no action was taken. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9499 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REVISION TO DESCRIPTION OF AREA FOR ANNEXATION OF DOUG DOBRATZ PROPERTY (LAKEWOOD DRIVE) The revised legal description was presented which in- cluded the right-of-way on Lakewood Drive and that por- tion of property from the 180' depth of the lot to the lake, with an area acreage of approximately 322.5' X 301' or 2.2 acres. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve and refer to the Municipal Board. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve discontinuation of service at noon on June 3 unless other arrangements were made. M a CITY COUNCIL MINUTES - MAY 28, 1991 (b) CONSIDERATION OF ASBESTOS CHANGE ORDERS NO. 2, 3 & 4 FOR COLD STORAGE BUILDING WITH ENVIRONET, INC. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve change orders. (c) CONSIDERATION OF PAINTING CURB NUMBERS ON PARKING STALLS FOR FARMERS MARKET Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve. (d) CONSIDERATION OF RATE INCREASE FOR JUNKER SANITATION SERVICE TO COVER LANDFILL TIPPING FEES INCREASE Following discussion of the City's refuse formula, the City Administrator was directed to obtain figures from Junker showing the monthly cubic yard hauling. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to table. (e) CONSIDERATION OF CIGARETTE VENDING MACHINE AT THE UNDERGROUND Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to deny the request for a cigarette vending machine at The Underground. (f) CONSIDERATION OF AWARDING BID FOR LETTING NO. 14, PROJECT NO. 91-21 (COLD STORAGE BUILDING/LIQUOR STORE) Following discussion, Alderman Erickson moved to approve awarding bid to Kennedy Excavating Company for $124,500, contingent upon review by City Attorney of contractor's insurance, performance bond and well drilling license, and to waive reading and adopt Resolution No. 9507. Motion seconded by Alderman Torgerson and unanimously carried. (g) CONSIDERATION OF HUTCHINSON COMMUNITY HOSPITAL CONSTRUCTION PROJECT BIDS FOR H -ALT WALL CONSTRUCTION AND EXTERIOR AND INTERIOR SIGNAGE 7 CITY COUNCIL MINUTES - MAY 28, 1991 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and award bid for the H -Alt wall construction to Olympic in the amount of $117,500, the bid for interior signage to ASI in the amount of $16,992, and the bid for exterior signage to Serigraphics for $27,721. (h) CONSIDERATION OF APPLICATION FOR DEFERRED SPECIAL ASSESSMENT Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried to approve the deferred special assessment for David W. Tewes, E 1/2 of Lots 6 & 7, Block 9 S 1/2 City, for $4,264.09. (i) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 4, PROJECT 91-04, 91-05, 91-06 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve assessment roll preparation, hold hearing June 25,{1991 at 8:00 P.M., and to waive read- ings and adopt Resolutions No. 9501 and No. 9504. (j) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 7, PROJECT NO. 91-13, 91-14 Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Erickson and unanimously car- ried, to approve assessment roll preparation, hold hear- ing June 25, 1991 at 8:00 P.M. , and to waive readings and adopt Resolutions No. 9502 and No. 9505. (k) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 10, PROJECT NO. 91-11 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve assessment roll preparation, hold hearing June 25, 1991 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9503 and No. 9506. 8 CITY COUNCIL MINUTES - MAY 28, 1991 (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LYLE FALLING FOR GARAGE ADDITION LOCATED AT 849 SECOND AVENUE S.W. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve conditional use permit and to waive reading and adopt Resolution No. 9493. (m) CONSIDERATION OF VARIANCE REQUESTED BY LYLE FALLING FOR GARAGE ADDITION LOCATED AT 849 SECOND AVENUE S.W. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve variance and to waive reading and adopt Resolution No. 9494. (n) CONSIDERATION OF VARIANCE REQUESTED BY CINDY NORTON TO CONSTRUCT GARAGE AT 557 MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve variance and to waive reading and adopt Resolution No. 9495. (o) CONSIDERATION OF VARIANCE REQUESTED BY RON PAGEL FOR GARAGE ADDITION LOCATED AT 1341 CAMPBELL LANE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar to approve the Planning Commission's unfavorable recommendation. Motion seconded by Alderman Torgerson and carried four to one, with Alderman Lenz voting nay. (p) CONSIDERATION OF VARIANCE REQUESTED BY HENRY EWALD TO REDUCE PARKING SPACES AT CEDAR CREST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously car- ried, to approve variance of .5 spaces per resident and contingent upon a minimum five year lease for staff parking spaces. 7 CITY COUNCIL MINUTES - MAY 28, 1991 (q) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DUANE BUSKE FOR CAR WASH LOCATED AT HWY. 7 WEST AND SCHOOL ROAD N. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar to approve conditional use permit and to waive reading and adopt Resolution No. 9497. Motion seconded by Alderman Lenz and carried four to zero, with Alderman Erickson abstaining from voting. Upon the City Attorney's recommendation, the motion was made by Alderman Mlinar to approve vacation of easement and to waive first reading of Ordinance No. 91-34 and set second reading for June 10, 1991. Motion seconded by Alderman Lenz and carried four to zero, with Alderman Erickson abstaining from voting. (r) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY WESLEY BRUNS FOR FENCE LOCATED AT 800 COLORADO WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson that due to the unique corner lot and no violation of the zoning ordinance, to approve the six foot fence, to reject the recommendation of the Planning Commission, and to waive reading and adopt Resolution No. 9498. Motion seconded by Alderman Erickson and unani- mously carried. (s) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARK BRUNS FOR FENCE LOCATED AT 380 CONNECTICUT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to reject the unfavorable recommendation of the Planning Commission. Alderman Torgerson moved to withdraw the motion. Alderman Erickson seconded the motion and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the Planning Commission recommendation for denial of a six foot fence. 10 fA CITY COUNCIL MINUTES - MAY 28, 1991 The motion was made by Alderman Lenz, seconded by Alder- man Erickson and unanimously carried, to approve the amended fence height of 30" at center and 36" at posts in eight foot sections which meets requirements and to waive reading and adopt Resolution No. 9508. (t) CONSIDERATION OF PRELIMINARY PLAT OF LYNN VIEW SUBDIVISION IN LYNN TOWNSHIP SUBMITTED BY PETE KASAL (TWO MILE RADIUS) WITH NO RECOMMENDATION The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to refer to the County with no objection. (u) CONSIDERATION OF PRELIMINARY PLAT OF LBK ACRES IN HUTCHINSON TOWNSHIP SUBMITTED BY ARTHUR KROEGER (TWO MILE RADIUS) The motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to refgr to the County with no objection. (v) CONSIDERATION OF PRELIMINARY PLAT OF HOUK'S SECOND SUBDIVISION IN HUTCHINSON TOWNSHIP SUBMITTED BY GALEN HOUK (TWO MILE RADIUS) The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to refer to the County with no objection. (w) CONSIDERATION OF LOT SPLIT REQUESTED BY ROBERT SANDSTEDE AND FRED KOTTEN ON FIFTH AVENUE NW The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve the lot split subject to verifying the easement, setback and water and sewer hookups. (x) CONSIDERATION OF SKETCH PLAN IN HASSAN VALLEY TOWNSHIP SUBMITTED BY CRAIG WHITE (TWO MILE RADIUS) WITH NO RECOMMENDATION The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to refer to the County with no recommendation. 11 • CITY COUNCIL MINUTES - MAY 28, 1991 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported there was no recommen- dation to date regarding Shopko Phase II. It was reported the liquor store had relocated and planned to open for business on May 30, 1991. The lettering on the building will be a bronze color. Administrator Plotz stated there were two vending machines the liquor store manager would like to place outside the building on city right-of-way. Following discussion, Alderman Torgerson moved to allow a tempor- ary west location for the vending machines. Motion seconded by Alderman Erickson and unanimously carried. Mention was made that the zoning ordinance had been up- dated and suggestions sent to Bill Weber of BRW. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the liquor store site in the Phase II project. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on Sam Ulland's request for dismissal of the federal district court litigation against the City. The City Attorney reported on a meeting with Bud Daggett and Gene Jeseritz regarding the old wastewater facility. Since they have no plan for use of the building, Attorney Anderson felt there was no need to carry insurance on the facility. It was reported that the petro fund application for reimbursement on the Shopko project was near completion. Following discussion, it was the consensus of the Council to hold a special meeting on Friday, May 31 regarding the Junker rate increase. The petro fund application could also be acted on at that time. Attorney Anderson stated that Dr. Rannow had presented a 12 CITY COUNCIL MINUTES - MAY 28, 1991 proposal for $24,000 and vacancy of the building by May 31. Following discussion, Alderman Torgerson moved to stand fast at $23,000. Motion seconded by Alderman Erickson and unanimously carried. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on phone calls received regard- ing mosquito spraying in town. It was the consensus of the Council not to spray if funding did become available because of the inclement weather. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT The motion was made by Alderman Torgerson to continue the meeting to 5:00 P.M. on Friday, May 31, 1991. Motion seconded by Alderman Lenz and unanimously carried. 13