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05-22-1990 CCMr MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 22, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ack- land. 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 the Reverend Walter Marth. PRESENTATION OF PLAQUES Mayor Ackland presented appreciation plaques to Donald Bonniwell and Arnold Rotzien for serving on City boards. 3. MINUTES The minutes of the regular meeting of May 8, 1990 and bid openings of May 7, 1990 and May 15, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1990 2. BUILDING OFFICIAL'S REPORT - APRIL 1990 3. AIRPORT COMMISSION MINUTES - APRIL 30, 1990 4. PLANNING COMMISSION MINUTES - APRIL 17, 1990 5. NURSING HOME BOARD MINUTES - APRIL 26, 1990 6. HOSPITAL BOARD MINUTES - APRIL 17, 1990 7. SENIOR ADVISORY BOARD MINUTES - APRIL 18, 1990 (b) NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCH HUSKIES AMATEUR BASEBALL ASSOCIATION FROM MAY 20 TO SEPT. 1 The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to order the report and minutes filed and issue the malt liquor li- cense according to the same policy as last year. I 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 257 - LETTING NO. 3, PROJECT 90-09, 90-10, 90-11, 90-12 Mayor Ackland called the hearing to order and read Pub- lication No. 4111. ASESSMENT ROLL NO. 257A - LETTING #3, PROJECT #90-10 DALE STREET FROM SOUTH GRADE ROAD TO 400' NORTH OF LINDEN AVENUE Mr. Marlow Priebe, Alamo, Texas and property owner in Wagner Addition, submitted a letter of objection to the proposed assessments. He stated he had no problem with the project, but Mr. Priebe wished to review the sub- division agreement and projected costs with City staff. Mr. Wesley Wagner, 760 Dale Street, asked how the fig- ures were broken down to arrive at the amount assessed. He was being assessed for street and curb. Engineer Rodeberg stated Mr. Wagner was not being assessed for water and sanitary sewer services or driveway; only for street. An Aveyron Home representative, 851 Dale Street, stated it would be a hardship for the Home to pay the assess- ment as they had no funds to cover it. Since the Home is tax exempt, their budget is based on Rule 53, and the assessments must be put into the budget. It would take 18 months to receive the rate adjustment. Mr. Bob Schaefer, 860 Dale Street, commented that his assessment was for $8,400, and the property has a $32,000 appraisal. He was opposed to the project and would find it difficult to pay the assessment. Mr. Percy Anderson, 861 Dale Street, asked what footage of his property was being assessed. Mr. Jim Duhamel, 890 Dale Street, asked on which side of the street the sidewalk would be located and who would be responsible for keeping it clean. Mr. Duhamel wondered how much room there would be betwen the curb and sidewalk. He also inquired about the poles on the property line. Engineer Rodeberg responded that the property owner would be responsible for cleaning the sidewalk. Mr. Duhamel had already been assessed for sewer and water -2- r main; this assessment would be for street, driveway, and water/sewer services. Mr. Dale Annis, 871 Dale Street, reported that in 1981 he had curb and gutter put in. It was only seven years old, but he was being assessed for sidewalk again. Alderman Mlinar moved to close the hearing at 8:30 P.M. Motion seconded by Alderman Lenz. The motion and sec- ond were withdrawn. ASSESSMENT ROLL NO. 257E - LETTING #3, PROJECT #90-11 WAGNER'S ADDITION No one was present to be heard regarding this project. ASSESSMENT ROLL NO. 257C - LETTING #3, PROJECT #90-12 STILLINGS-HOEFT ADDITION No one was present to be heard regarding this project. The motion was made by Alderman Mlinar to close the hearing at 8:38 P.M. Motion seconded by Alderman Tor- gerson and unanimously carried. Mayor Ackland read a letter received from Doris Matej- ka, President of the Aveyron Home Board of Directors. Also a letter from Robert Schaefer was read. Alderman Torgerson moved there was no objection to a deferral of principal and interest for the Aveyron Home, subject to: (1) the sale of property; (2) change in the use of the property to other than a handicapped facility; or (3) deferred assessment until a rate ad- justment can be approved by the State. Motion seconded by Alderman Lenz and unanimously carried. It was noted that option No. 3 was preferred, and the City Administrator was directed to write a letter to the Aveyron Home. The motion was made by Alderman Torgerson to approve and adopt Assessment Roll No. 257, award contract to Wm. Mueller & Sons in the amount of $313,166.80, and to waive readings and adopt Revised Resolution No. 9240 and Resolutions No. 9260 and No. 9261. Motion seconded by Alderman Erickson and unanimously carried. Alderman Mlinar moved to approve the City clean snow off the sidewalk on Dale Street from Roberts Road to South Grade Road. Motion seconded by Alderman Torger- -3- I 6. 7. son and unanimously carried. The City Council reaffirmed a previous decision to have the City clean the sidewalk on South Grade Road from Main Street to the new school. (b) ASSESSMENT ROLL NO. 258 - LETTING NO. 8, PROJECT 90-16 Mayor Ackland called the hearing to order and read Pub- lication No. 4116. It was reported that the City would pay 97 percent of the storm sewer cost. Mr. Russell Christensen, 326 Hwy. 7 East, wondered why his assessment was higher than his neighbor's assess- ment. He inquired if one service line could be shared by two properties. Engineer Rodeberg stated the City wanted separate serv- ice for each property. Mrs. Christensen asked if there could be separate shut- offs on the line. Engineer Rodeberg responded that it would come up on private property if that were done. By using one trench, the City can save money. The motion was made by Alderman Erickson to close the hearing at 8:55 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Mlinar moved to approve and adopt Assessment Roll No. 258, to waive reading and adopt Resolution No. 9262. Motion seconded by Alderman Lenz and unanimously carried. COMMUNICATIONS. REQUESTS AND PETITIONS None. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 90-20 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 3.01 DEFINING UTILITY SERVICE; 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 Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive sec- ond reading and adopt. -4- (b) RESOLUTION NO. 9263 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS 4 (a) CONSIDERATION OF RATE ADJUSTMENTS REQUESTED BY JUNKER SANITATION Following discussion of the proposed rate adjustments, the motion was made by Alderman Mlinar to defer action until the Board of Review on June 11, 1990. Motion seconded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF REQUEST BY JUNKER SANITATION FOR RATE INCREASE FOR YARDAGE USE AT LANDFILL Following discussion, Alderman Torgerson moved to ap- prove a $2.20 rate increase effective June 1, 1990. Motion seconded by Alderman Mlinar and unanimously car- ried. (c) CONSIDERATION OF ESTABLISHING DATE FOR JUNKER SANITATION BOARD OF REVIEW IN JUNE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to set the Board of Review for June 11, 1990 at 5:00 P.M. (d) CONSIDERATION OF SANITARY SERVICE FOR CARLIE KARG AND DON GILBERTSON Engineer Rodeberg reported that there was a 100% peti- tion for the service, and only one property owner would be assessed. Following discussion, Alderman Torgerson moved to auth- orize the Engineering Department to obtain bids for the project. Motion seconded by Alderman Lenz and unani- mously carried. (e) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 5, PROJECT NO. 90-05, 90-06, 90-07, 90-13, 90-14, 90-18 -5- Following discussion, Alderman Mlinar moved to approve the assessment roll preparation, to hold a public hear- ing June 26, 1990 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9264 and No. 9265. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF REQUEST TO MARK PARKING SPACES ON FIRST AVENUE SOUTHEAST FROM MAIN STREET TO HASSAN STREET FOR FARMER'S MARKET Following discussion, Alderman Erickson moved to recom- mend approval for this year to determine how it works out for Wednesday and Saturday morning Farmer's Market. Motion seconded by Alderman Mlinar and unanimously car- ried. (g) CONSIDERATION OF AWARDING BID FOR 1990 FRONT-END LOADER Following discussion, Alderman Mlinar moved to approve and award contract to Case Power And Equipment for a net price of $63,963, which includes trade-in of City's used 1972 Michigan front-end loader and a five-year guaranteed maintenance program. Motion seconded by Alderman Lenz and unanimously carried. (h) CONSIDERATION OF POLICE CHIEF ATTENDING F.B.I. SCHOOL IN JANUARY 1991 During discussion it was the consensus of the Council that a pay -back plan should be established in the event that the Police Chief would leave the employment of the City within a couple of years after the school. Alder- man Torgerson moved to approve attendance at the F.B.I. School as requested. Motion seconded by Alderman Mlinar and unanimously carried. (i) CONSIDERATION OF RESULTS OF ADDITIONAL SIGNATURES OF PETITIONS FOR SUNDAY LIQUOR Administrator Plotz reported that 68 additional signa- tures on new petitions submitted were verified. A total of 240 signatures have now been verified, and 221 signatures were needed. Following discussion, the petitions were referred to the City Attorney for review of Chapter 5 to determine appropriate Council action. (j) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made, seconded and unanimously carried, to authorize discontinuation of service on May 29 at noon unless other arrangements were made. (k) ITEM DELETED FROM AGENDA (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY AMERICAN LEGION TO MOVE 10 x 12 UTILITY SHED WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the permit and waive reading and adopt Resolution No. 9266. (m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HARVEY GETZ TO MOVE 10 x 16 UTILITY SHED WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to table until staff could do further study on utility sheds and act on permit at the June 11, 1990 Council meeting. Motion seconded by Alderman Mlinar and unanimously car- ried. (n) CONSIDERATION OF SKETCH PLAN ON ADREY JOHNSON ESTATE REQUESTED BY DAVE LORENCE (TWO MILE RADIUS) WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Appraiser Dave Lorence and Atty. Richard Peterson stated they represented the estate of Adrey Johnson. Following discussion, the motion was made by Alderman Torgerson to refer to County with no objection and to request the City Engineer and County Engineer to recti- fy road and plat alignments. Motion seconded by Ald- erman Mlinar and unanimously carried. (o) CONSIDERATION OF FINAL PLAT OF MILLER TOWNHOUSE SIXTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to ap- prove final plat and to wavie reading and adopt Reso- lution No. 9267. Motion seconded by Alderman Lenz and unanimously carried. (p) PRESENTATION REGARDING MOBILE SCRAP YARDS BY JAY FREEDLAND Mr. Jay Freedland objected to outsiders coming into town and conducting a mobile scrap yard which did not meet the requirements he had to meet for his business. -7- Following discussion, Alderman Torgerson moved to recommend that the City Attorney research the issue and come back to the Council with a recommendation. Motion seconded by Alderman Mlinar and unanimously carried. (q) DISCUSSION OF MUNICIPAL CODE REVISIONS, CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING) BY CITY ENGINEER Engineer Rodeberg presented the revisions for Chapter 12. Following review, no action was taken. (r) CONSIDERATION OF TRAILER COURT WATER USAGE Mr. Bill Block, owner of the Country Club Terrace, ap- peared before the Council with concerns of water usage at the trailer court. He suggested putting individual water meters on each lot in the park. Mr. Block also mentioned he owed a late charge of almost $1,000 on his water bill due to an error in the mailing address. Following discussion, Alderman Erickson moved to drop the penalty charge if the bill was paid up to date, based on a service charge on 3,921 gallons and $1,000 penalty fee. Motion seconded by Alderman Mlinar and unanimously carried. (s) CONSIDERATION OF EVACUATION PLAN FOR COUNTRY CLUB TERRACE MOBILE HOME PARK City Attorney Anderson stated that State law required an evacuation plan for a place to go during a disaster or severe storm. Therefore, a facility in the immedi- ate area should have available space for a shelter. No action was taken, and discussion was continued to the June 11 Council meeting. Attorney Anderson also addressed the issue of cable TV service in the trailer court. Mr. Block reported the matter had been resolved. RECESS: The City Council adjourned for a five-minute recess at 11:00 P.M. (t) CONSIDERATION OF REPAIR TO FIRE DEPARTMENT LADDER TRUCK The motion was made, seconded and unanimously carried, to approve repair. (u) CONSIDERATION OF STREET LIGHT RELOCATION ON MAIN STREET Engineer Rodeberg explained the request for relocation of the street light. Following discussion, Alderman Torgerson moved to approve the City and Fahey Sales Agency each pay one-half the cost to relocate the street light(s) and Fahey pay for the required concrete work. Motion seconded by Alderman Erickson and unani- mously carried. (v) CONSIDERATION OF AMENDMENT NO. 1 TO SITE PURCHASE AGREEMENT FOR SHOPKO PROJECT Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize signing amendment No. 1. Attorney Anderson commented on the Environmental Indem- nity Agreement in conjunction with the Shopko project and requested Council approval. Following discussion, Alderman Torgerson moved to ap- prove and enter into agreement with Twin City Testing. Motion seconded by Alderman Lenz and unanimously car- ried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on meetings with property owners regarding relocation for the Shopko project. The Council was informed that a full-time liquor store clerk will be retiring. They were asked to consider whether the person should be replaced with a part-time or full-time employee. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz commented that most of the Hwy. 7 East business people were satisfied as a result of the meet- ing with City staff regarding road construction. It was reported that the landscaping project for the Hwy. 7 & 15 intersection had been postponed until fall. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar stated that a petition had been pre- sented to the Park and Recreation Board requesting that a skateboard park be established. Alderman Mlinar commented about chickens and roosters being allowed within the city limits. An inquiry was made about the status of the railroad car removal by the deadline date. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported the School District was not opposed to the Glen Street project being done in 1991. They will remove the tree on the site where the house is located, and the City will take out the stump. Engineer Rodeberg stated that the Council had approved a $3,000 contract limit for American Petrographic Serv- ices, Inc. to do coring and testing services on the dam project. Recently they submitted another proposal for a $3,669 fee and containing limitations on liability. Following discussion, Alderman Torgerson moved to ap- prove the increase in limit to $3,500 without contrac- tor limitation on negligence. Motion seconded by Ald- erman Mlinar and unanimously carried. It was reported by Engineer Rodeberg that Project No. 90-16, Letting No. 8 (Hwy. 7 East) would require sup- plemental agreements for $37,000 to cover cost for ad- ditional utility work. Following discussion, Alderman Mlinar moved to approve a supplemental agreement with Duininck Bros. in the amount of $26,978 for sanitary sewer and water main improvements and a supplemental agreement with Juul Contracting in the amount of $10,000 for lowering the existing 6" watermain. Motion seconded by Alderman Torgerson and unanimously carried. 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 and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:45 P.M. -10-