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06-26-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 1990 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, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of June 11, 1990 and Board of Review of June 11, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1990 2. PLANNING COMMISSION MINUTES - MAY 15, 1990 3. NURSING HOME BOARD MINUTES - MAY 23 & JUNE 5, 1990 4. HOSPITAL BOARD MINUTES - JUNE 7, 1990 (b) REDUCED TRASH AND REFUSE RATE The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order the report and minutes filed and approve the reduced rate. (c) PRESENTATION OF CERTIFICATE OF RECOGNITION Mayor Ackland presented Kenneth Jensen with a Certificate of Recognition for being selected "Mr. Hutchinson" as part of the Water Carnival activities. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 260 - LETTING NO. 4, PROJECT NO. 90-03 Mayor Ackland called the hearing to order at 8:00 P.M. 1 6�1 CITY COUNCIL MINUTES - JUNE 26, 1990 and read Publication No. 4132. Engineer Rodeberg reported that the property owners for lots one through four had submitted a letter objecting to the project. Mr. Lloyd Hemmah, 1310 Delaware Street, stated he would like to see city water main put in; however, it would destroy the street and his backyard. He thought the project should be rebid to justify some of the excessive costs. Engineer Rodeberg stated that it was a long water main for a few users so perhaps the project could be looked at again. Only one property was having a water problem. Alderman Torgerson moved to close the hearing for Roll No. 260 on Project No. 90-03 at 8:10 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to reject Roll No. 260, Letting No. 4, Project No. 90-03 and to waive readings and adopt Resolutions No. 9279 and No. 9280. (b) ASSESSMENT ROLL NO. 259 - LETTING NO. 5, PROJECT NO. 90-05, 90-06, 90-07, 90-13, 90-14, 90-18 Mayor Ackland called the hearing to order and read Pub- lication No. 4129. 1. PROJECT NO. 90-05 - CARLISLE STREET The City Engineer explained the project cost was on a front foot basis, except for the cul-de-sac which was assessed per lot. All the costs would be divided out on each project. Mr. Burnell Sell, 540 Carlisle, stated that on De- cember 12, 1989 when the first hearing was held, they were led to believe that the total costs would be divided between 14 lots on the street and evenly divided. He expressed two concerns, namely the diameter of the cul-de-sac and how much area would be allowed between the house and the curb and gutter. He wanted to know the minimum amount. E CITY COUNCIL MINUTES - JUNE 26, 1990 Engineer Rodeberg responded the minimum would be a 96 foot diameter. There would be a $950 differ- ence per lot, with the driveway panel making up the difference. The contractor doing the Hwy. 7 East project will be doing Project No. 90-05. 2. PROJECT NO. 90-06 - FLORIDA & ILLINOIS STREETS The City Engineer reported the streets were small- er than normal. The estimated cost on Illinois was $40.58 per square foot and $23.80 driveway cost. The Florida Street assessment would be on a per lot basis because of the shape of the cul -du - sac. However, the costs would be about the same for both projects. Mr. John Reynolds, 140 Illinois, commented that at the December hearing, the property owners request- ed the two projects be separated. Since Illinois is a dead-end street, it doesn't need a heavy sur- face. He felt the two streets should be separate and not one project. Mayor Ackland stated that the project could move forward for one street if the second street didn't want the project. Mr. Art Lenzen, owner of apartment building on Florida Street, stated he was opposed to the proj- ect. Engineer Rodeberg reported that several property owners had stopped in his office and called on the phone regarding the project and opposition to it. They all thought it was too expensive. 3. PROJECT NO. 90-07 - HILLTOP DRIVE, PAULS ROAD,. LINDY LANE, MARK DRIVE, GARDEN ROAD Engineer Rodeberg reported on the project costs and commented on the different subdivision agree- ments in the area. Atty. Bill Haas represented Harold Thompson, owner of the 7 -Hi Motel. Haas stated his client's ob- jection to the project was that the value of the 3 CITY COUNCIL MINUTES - JUNE 26, 1990 property would not increase because of the pro- ject, and therefore, was not assessable. The street was useless for the motel and of no bene- fit. Atty. Haas asked about the assessment on the front of the lot and what it was for. His client had submitted a written objection to the proposed assessment. The City Engineer responded the assessment was for sewer and water. Mr. Ken Santelman, 106 Pauls Road, stated he had addressed this situation last December, although he never received a meeting notice. He had no quarrel with the project for Clifton Heights, but he did for Pauls Road and Hilltop Drive. There is no street surface on Hilltop Drive. Mr. Santelman wasn't sure how it was going to be platted when developed, and he owns all the property on both sides. He suggested a good dust coat for a few years would serve the purpose for some time. The area isn't going to develop any more traffic. Also, Mr. Santelman recommended forgetting about curb and gutter on Pauls Road down to Michigan. Engineer Rodeberg stated that in the future Mr. Santelman would have to cut in where the project was completed. It could be left as a rural sec- tion and pave up to the curb. At this time he did not know how it would be developed. The City could put in a 24 foot wide temporary road as it would be a wasted situation to put in a full road at this time. However, there would have to be some method of control of the water going down the hill. Mr. Lee Stritesky, 709 Hilltop Drive, commented he would appreciate a street to get over to Michigan. He would like to see the road paved, which would alleviate the sand problem. At the fall meeting, he brought up a fact about street lighting, and he would like to see the same lighting put in on Hilltop Drive as in the nearby area. Mr. Strites- ky also asked for an explanation of the crest of Hilltop Drive. He thought dust coating would be to the City's advantage and cut down on grading 4 CITY COUNCIL MINUTES - JUNE 26, 1990 required. Engineer Rodeberg stated the hill would be cut down. The width of the road is close to the right of way. The street would be the same width, but the right-of-way narrows down. Mr. Willis Wolff, 112 Mark Drive, asked about the assessments and when the project would be done. He was in favor of the project being done at the earliest date possible. Mr. Roman Haas, 113 Mark Drive, commented about annexation of the area. He thought the property owners were being billed for something they were - not getting if Santelman was compensated. He won- dered if the City was going to do the project right or only half -way. 4. PROJECT NO. 90-13 - MCCLURE'S SECOND ADDITION No one was present to be heard for Project 90-13. 5. PROJECT NO. 90-14 - LAKEWOOD TERRACE FIFTH ADDN. No one was present to be heard for Project 90-14. 6. PROJECT NO. 90-18 - LIND STREET No one was present to be heard for Project 90-18. Alderman Mlinar moved to close the hearing at 9:07 P.M. Motion seconded by Alderman Torgerson and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve Proj- ect No. 90-05. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve Project No. 90-06, contingent on granting of easement for the street. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve Project No. 90-07, with Hilltop Drive to be done with a CITY COUNCIL MINUTES - JUNE 26, 1990 shoe curb on the edge and the street to be normal stan- dards. The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve Proj- ects No. 90-13, No. 90-14 and No. 90-18, to adopt Roll No. 259, to award contract to Duininck Bros. for $384,797 and to waive readings and adopt Resolutions No. 9281 and No. 9282. (c) ASSESSMENT ROLL NO. 261 - LETTING NO. 13, PROJECT NO. 90-23 Mayor Ackland called the hearing to order and read Pub- lication No. 4131. Mr. James Chalupsky, former property owner at 1205 Jef- ferson Street, contested the project. He stated his money was tied up in escrow. Ms. Gloria Paul, 1135 Jefferson Street, stated that 23 years ago the City took trees and obtained an easement. She asked about a letter stating they would not be assessed again. Atty. Anderson commented there could be a release because there were no other expected assesments in the area. Alderman Torgerson moved to close the hearing at 9:30 P.M. Motion seconded by Alderman Mlinar and unanimous- ly carried. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and adopt Assessment Roll No. 261 and waive reading and adopt Resolution No. 9286. (d) IMPROVEMENT NO. 90-20, LETTING NO. 10 (SOUTH FORK CROW RIVER DAM) Mayor Ackland called the hearing to order and read Pub- lication No. 4130. No one was present to be heard for Project No. 90-20. The motion was made by Alderman Erickson, seconded by N CITY COUNCIL MINUTES - JUNE 26, 1990 Alderman Mlinar and unanimously carried, to close the hearing at 9:31 P.M. Following discussion, Alderman Lenz moved to approve Option A, to order preparation of plans and specifi- cations, and to waive reading and adopt Resolution No. 9285. Motion seconded by Alderman Erickson and unani- mously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) UPDATE BY DIRECTOR OF ENGINEERING REGARDING RIGHT-OF- WAY ACQUISITION FOR "HOLE IN HILL" PROPERTY Engineer Rodeberg reported that MN/DOT did not want to give up any rights to right-of-way until it was advised of what would be done on the site. However, it might consider 75' up to the property. Following discussion, Alderman Torgerson moved to direct the City Engineer to write to the MN/DOT Design Engineer to pursue a 75' right-of-way. Motion seconded by Alderman Mlinar and unanimously carried. (b) REVIEW OF WORKMAN'S COMPENSATION AND LIABILITY INSURANCE COVERAGES BY AGENT DENNIS POTTER Insurance Agent Dennis Potter and Consultant Mark Fla - ten presented the 1990-91 workman's compensation and liability/property premium renewals. Following discussion, Alderman Torgerson moved to elim- inate the $1 million umbrella coverage from the premi- um. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the proposal for renewal of the property/casualty policies and continuation of the workman's compensation under the "retro" program. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9288 - RESOLUTION ADOPTING 457 GENERIC DEFERRED COMPENSATION PLAN 7 CITY COUNCIL MINUTES - JUNE 26, 1990 The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to waive read- ing and adopt. (b) ORDINANCE NO. 90-21 - ORDINANCE AMENDING CHAPTER 12, SUBDIVISION REGULATIONS (PLATTING) The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive second reading and adopt. (c) ORDINANCE NO. 90-22 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.26, SUBD. 3(E) GOVERNING BINGO; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to waive first reading and set second reading for July 10, 1990. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HUTCHINSON HUSKIES BASEBALL ASSOCIATION PROPOSAL TO OPERATE A BEER CONCESSION AT ROBERTS PARK DURING SOFTBALL SEASON (DEFERRED 6-11-90) Mayor Ackland read a letter from the Hutchinson Huskies Baseball Association requesting to withdraw its propos- al from the agenda. (b) CONSIDERATION OF RATE ADJUSTMENTS REQUESTED BY JUNKER SANITATION (DEFERRED JUNE 11, 1990) Atty. Lee LaBore represented Junker Sanitation. Fol- lowing discussion, Alderman Erickson moved to approve a residential rate of $15.99 per month, effective July 1, 1990, which includes the 28 cents McLeod County tipping fee which also begins July 1, 1990. Seconded by Alder- man Mlinar and unanimously carried. Following discussion of trailer parks and commercial service, Alderman Torgerson moved to increase the com- mercial rate $4.00/month/container and that the trailer parks be required to pay their fair share. Motion sec- onded by Alderman Erickson and unanimously carried. 8 CITY COUNCIL MINUTES - JUNE 26, 1990 A discussion on trailer court rates was deferred to a future meeting. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, Alderman Mlinar moved to author- ize discontinuation of service at noon on July 2 unless other arrangements were made. Motion seconded by Ald- erman Lenz and unanimously carried. (b) PRESENTATION BY JAY BEYTIEN AND DIRECTOR DOLF MOON ON PURCHASE OF CHRISTMAS DECORATIONS Mr. Jay Beytien and Director Dolf Moon presented the Christmas decorations proposal. The Committee recom- mended two contracts for decorations from Display Sales: (1) Refurbish the present Christmas decorations for $5,200, and (2) purchase new wreaths, banners and signs for $13,090. It was also proposed to purchase 36 sets of brackets from Zins Manufacturing at an approxi- mate cost of $1,500. The remaining balance of the $21,000 available for decorating purposes would be spent for additional decorations in Library Square. Following discussion, Alderman Mlinar moved to approve the proposals and enter into two contracts with Display Sales and one with Zins Manufacturing. Motion seconded by Alderman Erickson and unanimously carried. (c) CONSIDERATION OF NAME CHANGE OF ORCHARD PARK TO ELKS PARK Following discussion, Alderman Torgerson moved to approve the name change and to waive reading and adopt Resolution No. 9289. Motion seconded by Alderman Lenz and unanimously carried. (d) CONSIDERATION OF ACCEPTING BID PACK ONE FOR HOSPITAL EXPANSION PROJECT Mr. Peter Worthington, Project Manager for M. A. Mor- tenson Company, reported on the hospital expansion project. He presented contracts with Northwest As- phalt, Inc. for earthwork and paving (contract cate- 0 CITY COUNCIL MINUTES - JUNE 26, 1990 gories 2 & 4) at a base bid of $252,300 and with Val- ley -Rich Company, Inc. for site utilities construction work (contract categories 3) at a base bid of $43,300. Following discussion, Alderman Mlinar moved to approve and award contracts to the two lowest bidders for bid pack one for the hospital expansion project. Motion seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF SPECIAL CITY COUNCIL MEETING ON JULY 24, 1990 TO OPEN BIDS FOR 1990 IMPROVEMENT PROJECTS AND HOSPITAL BONDS Following discussion, Alderman Mlinar moved to approve a special meeting on July 24, 1990. Motion seconded by Alderman Lenz and unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FOR 1990 DEPARTMENTAL BUDGET CUTS Following discussion, Alderman Mlinar moved to accept the proposed budget cuts of $21,297 with the remaining amount of the estimated $58,000 to come out of the fund balance, subject to review this fall. Motion seconded by Alderman Lenz and unanimously carried. (g) CONSIDERATION OF TIME TABLE FOR 1991 BUDGET Finance Director Kenneth B. Merrill presented a sched- ule for 1991 budget preparation. Following discussion, it was the consensus of the Council to have a balanced budget prior to September 1, 1990 certification by the County. No action was taken. (h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 7 Following discussion, Alderman Mlinar moved to approve preparation of assessment roll No. 262, to hold hearing on July 10, 1990 at 8:00 P.M., to waive readings and adopt Resolutions No. 9283 and No. 9284. Motion sec- onded by Alderman Torgerson and unanimously carried. (i) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MANUFACTURED HOME REQUESTED BY NORM PONSFORD WITH SPLIT VOTE OF PLANNING COMMISSION 10 CITY COUNCIL MINUTES - JUNE 26, 1990 During discussion it was determined by the Council that the applicant no longer had control of the property for which the conditional use permit was requested. There- fore, no action was taken. (j) CONSIDERATION OF CONDITIONAL USE PERMIT FOR GARAGE ADDITION REQUESTED BY BOB HALL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve permit and waive reading and adopt Resolution No. 9287. Motion seconded by Alderman Lenz and unanimously car- ried. (k) CONSIDERATION OF VARIANCE TO REDUCE FRONTYARD SETBACK FOR DECK ADDITION WITH ROOF REQUESTED BY VERN BRELJE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to re- ject the variance based on the Planning Commission's recommendation that there was no hardship. Motion seconded by Alderman Lenz and unanimously carried. (1) CONSIDERATION OF TEMPORARY RECYCLING SITE COLLECTION WITH RECOMMENDATION OF PLANNING COMMISSION Building Official Jim Marka reported on the recommenda- tion of the Planning Commission to allow staff 60 days in which to draft an ordinance to address temporary re- cycling centers. Mr. Jim Henning, owner of Henning Metal & Recycling, inquired what ordinance had been violated by his busi- ness. City Attorney Anderson stated there were three issues involved. Mr. Jay Freedland, owner of Hutchinson Iron & Metal, defined scrap and stated other dealers should comply to the same ordinance requirements that he does. Following discussion, Alderman Torgerson moved to re- ject the Planning Commission's recommendation. Motion seconded by Alderman Mlinar and carried four to one, with roll call vote of Aldermen Lenz, Mlinar, Torgerson and Mayor Ackland voting aye and Alderman Erickson vot- ing nay. 11 CITY COUNCIL MINUTES - JUNE 26, 1990 Alderman Torgerson moved that the existing ordinance be enforced and that staff prepare recommendations for a revised ordinance. Motion seconded by Alderman Mlinar and unanimously carried. (m) CONSIDERATION OF LOT SPLIT IN WOODVIEW ACRES REQUESTED BY ROXANNE KOKESH (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to refer to County with no objection. (n) CONSIDERATION OF ACCEPTING BID FOR ULTRASOUND EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve purchase. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF ACCEPTING ANESTHESIA BID WITH RELATED MONITORING EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Alderman Mlinar moved to approve purchase. Motion seconded by Alderman Torgerson and unanimously carried. (p) CONSIDERATION OF REQUEST FOR FUNDING FROM BAND BOOSTERS Mr. Doug Yerks, representative of the Band Boosters, requested the City contribute $250 to help defray the summer transportation costs for the Hutchinson Marching Band. Mayor Ackland stated the City would take the request under advisement for the 1991 budget; however, the City didn't have any extra funds for this year. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz presented an update report on the Shopko project. It was reported that a proposed City logo had been de - 12 CITY COUNCIL MINUTES - JUNE 26, 1990 signed and would be presented to the Council at the next meeting. Also, mention was made that the annual City picnic would be held on August 22. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz inquired about the bids for demolition or removal of the house on Glen Street. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar asked about the detours around town. He also commented on the Ludtke Lane sewer project and wondered who would pay for the cost of it. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson questioned if during the construc- tion process the hospital could accept bids without ap- proval from the City Council. Attorney Anderson stated the Council was the final authority. Alderman Torgerson inquired about the status of the Hornick project. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer John Rodeberg had received a request from UBC to do some building on Monroe Street. It would involve widening the driveway and putting in diagonal parking at their expense. No variance or conditional use per- mit would be required. The City Engineer reported on a request by Havemeier for water service to lot 1. It will be considered as an improvement project in 1991. The City Administrator suggested the property owner put in a new well. Engineer Rodeberg stated the water main work at the hospital needed to be done in the next two weeks. He questioned how it would be paid. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 13 CITY COUNCIL MINUTES - JUNE 26, 1990 The motion was made by Alderman Lenz, seconded by Ald- erman Mlinar and unanimously carried, to approve and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:07 P.M. 14