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01-26-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 26, 1988 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. INVOCATION There was no invocation due to the absence of a pastor. 3. MINUTES The minutes of the regular meeting of January 12, 1988 and special meeting of January 19, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - DECEMBER 1987 2. PLANNING COMMISSION MINUTES OF DECEMBER 15, 1987 3. PARK & RECREATION BOARD MINUTES OF DECEMBER 2, 1987 4. TREE BOARD MINUTES OF DECEMBER 2, 1987 5. HOSPITAL BOARD MINUTES OF NOVEMBER 17, 1987 AND DECEMBER 15, 1987 (b) APPLICATIONS FOR SNOW REMOVAL PERMIT 1. MARVIN WILLHITE 2. DON GLAS 3. CARL CHRISTENSEN (c) APPOINTMENTS 1. PIONEERLAND LIBRARY SYSTEM BOARD - BILL SCHERER 2. SENIOR ADVISORY BOARD - MARIE KAPING (1989) DON BONNIWELL (1990) ARNOLD ROTZIEN (1990) VERNA HINTZ (1991) LLOYD MUELLER (1991) The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to order the report and minutes filed, issue the permits, and ratify the appointments. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) 1988 IMPROVEMENT PROJECTS CITY COUNCIL MINUTES - JANUARY 26, 1988 Mayor Ackland called the public hearing to order at 8.00 P.M. 1. PROJECT 88-01 Mayor Ackland read Publication No. 3773 for Project No. 88-01. There was no one present to be heard. 2. PROJECT 88-02 Mayor Ackland read Publication No. 3774 for Project No. 88-02. Ms. Colleen Willhite, 1230 8th Avenue N.W., had a question on the map and wondered why one area was excluded. She also asked what she was being assessed for. City Engineer Anderson reported the subdivision agreement stated which area would be included, and one area was not included in the agreement. The lot was being assessed for frontage on School Road, and the area to the west of the assessment buondary was not being assessed. All lots in Helland's Seventh Addition were being assessed. 3. PROJECT 88-08 Mayor Ackland read Publication No. 3775 for Project No. 88-08. Mr. Gary Graham, 655 Hillcrest Road, commented his street was graveled at present, but he assumed Hillcrest would be resurfaced. He asked if this was correct. Mr. Graham was concerned that the project would be done, then it would be torn out shortly there- after, and he would pay for it a second time. Engineer Anderson commented that the street was 25 years old. The proposed wearing surface would be maintenance free. Mayor Ackland read a letter from Anthony Machtemes of Franklin, MN in which he stated his opposition to the proposed project. 4. PROJECT 88-09 Mayor Ackland read Publication No. 3776 for Project No. 88-09. Mr. Henry Ewald, 226 Shady Ridge Road, commented that semi -trucks pull up at the printing press and truck stop. Therefore, the heavy vehicles which use the street should be taken into consideration when the surfacing is put in. The road was not built for this type of traffic. The Director of Engineering stated the City was aware of this situ- ation. The south half of the project is commercial, and the north half is residentially zoned so there would be two different rates. 2 CITY COUNCIL MINUTES - JANUARY 26, 1988 5. PROJECT 88-10 Mayor Ackland read Publication No. 3777 for Project No. 88-10. Mr. Harlow Stillings, 562 Graham Street, asked to have the project postponed. He stated there were three lots in the development to the south and only one lot was being developed at this time. The cost would be cheaper if a larger area was being developed. Ms. Vickie Hoeft, 604 Graham Street, was opposed to the project for the same reason as Mr. Stillings. 6. PROJECT 88-11 Mayor Ackland read Publication No. 3778 for Project No. 88-11. Mrs. Wm. Backen, 825 Chicago Avenue, commented on the distribution of the assessment. She asked what type of approach would be put on the driveways and how much elevation would be on the curb. Engineer Anderson reported that a mountable curb would be used. 7. PROJECT 88-12 Mayor Ackland read Publication No. 3779 for Project No. 88-12. Mr. Paul Graupmann, Board Member of Hutch. Co -Op Cenex, commented that he thought the road needed to be realigned as a safety proj- ect. Vehicles entering Cenex would benefit as well as the City. Cenex would give up about 4,000 square feet of commercial property, for which they thought they should be compensated by the City. It might not be necessary to put in the curb, gutter, etc. Engineer Anderson reported the project would shift the roadway 60' south at the intersection and curb the roadway. Paving the curb was necessary because of dust and maintenance. The curb was need- ed for drainage and to protect the mat. The easement would still be the property of the owner. Mr. Randy Schuetz, Hutch Sports Equipment on Hwy. 7 West, stated he requested the project because of a dust problem in the area. How- ever, if the road is paved only to the Luce Line Trail, it will not solve the dust problem. He thought moving the road over would probably be okay, and he asked where his approach would be if the road was redone. It was Mr. Schuetz's understanding that curb and gutter went along with the blacktopping. He was in favor of dust control but not in favor of paying for a road that should have been done at the same time the road was put through. He suggessted putting tar on all of it. 3 CITY COUNCIL MINUTES - JANUARY 26, 1988 Mr. Schuetz asked if a traffic count had been done in the area. He commented that the amount of road use had changed and the design need had changed. MN/DOT should have reworked the road when it did the highway project. Mr. Schuetz inquired about the assessment and stated some of his land would be taken for the project. He was concerned that a piece of property could not be used, and it would affect the property value. Engineer Anderson reported a traffic count was recently done, and it recorded 400 cars a day. Both of the driveways into the busi- ness of Mr. Schuetz would be left open. It would cost approxi- mately $10,000 to move the road over, with half the cost City ex- pense and the other half assessed equally to the two affected prop- perty owners. 8. PROJECT 88-15 Mayor Ackland read Publication No. 3780 for Project No. 88-15. Mr. Lyndon Peterson, 631 Second Avenue SW, expressed several con- cerns about the project. He addressed who would pay for the rest of the project cost after state aid funds and county funding was deducted. Mr. Peterson asked why the work wasn't done at the time when the street was half dug up for another project. The Director of Engieering stated the street was done 25 years ago. A two inch mat would be put in rather than a good street. State aid dollars would be available this year, as well as county parti- cipation. Mr. Ken Cain, 204 Grove Street South, commented on the number of cars going through now. He questioned that if the vehicle traffic is going to double, will that cause a new street to be put in. He suggested waiting on the project to see what the actual traffic will be. Mr. Cain asked what the length of the project would be. Engineer Anderson stated that it was over a 20 -year project period the traffic would double. The pavement would not last that long. The project would cover approximately 2500 feet. Mr. Don Forbes, 120 Grove Street South, asked if the City was going to be included in the cost or would only the residents be assessed since school property was involved in the project. Mr. Tom Benson, 646 Second Avenue SW, inquired about the water service and if the water line would run from the main to the prop- erty owner. Dr. Robert Prochnow, 200 Franklin Avenue S., asked if the water project would be done in the area of his office building and assessed to the property owners. If so, would it be assessed 4 CITY COUNCIL MINUTES - JANUARY 26, 1988 commercial. He asked what the difference was between residential and commercial costs. Dr. George Smith, 740 Second Avenue SW, inquired if any consider- ation had been given to moving the county road to another area if traffic was so great. He stated the city had moved south with the mall, and some of the streets would be more direct to the mall and high school than Second Avenue is today. Dr. Smith asked what size water main would be put in and what was the largest water main the fire trucks could handle. He wondered when the project would be done and commented that he already had these assessments before. Dr. Smith inquired if additional funds could be obtained to reduce the residential costs and asked about the restrictions on state aid funds. He pointed out that the heavy traffic on Second Avenue SW was because it was a county road. Mr. Bill Ward, 626 Second Avenue SW, questioned if it would be bet- ter to wait for the life of the curb and gutter already in place and not replace it before necessary. Mr. Ward pointed out that if the project was pulled, it would be at the property owners' re- quest. Therefore, they should realize that the condition of the road was their responsibility. Ms. Jean Ward, 626 Second Avenue SW, asked if the assessment would be a one-time cost or per year for so many years. Cheryl Dooley, 750 Harmony Lane, expressed concern regarding a curb and gutter that was replaced last year. She wondered if they would have to pay for curb and gutter put in east of their property and not be assessed differently than anyone else. Ms. Dooley was not in favor of a $5,000 - $5,500 cost to them when the curb in front of their property was new. She asked who was responsible for see- ing that the work was done in a timely manner and the property left in the same condition as before. The Second Avenue side of their property was torn up in May of 1987 and the boulevard was sodded in September or October. In the meantime, they had to live with the mess. Mr. Joe Dooley, 750 Harmony Lane, stated that if the grade of the road was raised, the water would run into his shop. He was opposed to the project based on the estimates of the costs. They already have a good street, curb and gutter. Ms. Linda Miller, 635 Second Avenue SW, commented she didn't want to live with the dust and mess from the project. She asked where the property owners would park during the project. Ms. Lucille Arlt, 612 Second Avenue SW, remarked about paying for her own apron. She was opposed to having it ripped out, and she didn't want to pay for someone else's apron. R CITY COUNCIL MINUTES - JANUARY 26, 1988 Mr. Elroy Dobratz, 603 Second Avenue SW, had a question on raising the road. He asked why the crown would not be taken out of the middle. Mayor Ackland read a letter received from property owners on Sec- ond Avenue SW in which 50 signatures stated disapproval of some of the proposed improvements for Project No. 88-15. 9. PROJECT 88-18 Mayor Ackland read Publication No. 3781 for Project No. 88-18. No one was present to be heard regarding the project. 10. PROJECT 88-19 Mayor Ackland read Publication No. 3782 for Project No. 88-19. No one was present to be heard regarding the project. 11. PROJECT 88-20 Mayor Ackland read Publication No. 3783 for Project No. 88-20. No one was present to be heard regarding the project. 12. PROJECT 88-21 Mayor Ackland read Publication No. 3784 for Project No. 88-21. Mrs. Wm. Backen, 825 Chicago Avenue, asked if the surface would be permanent. Engineer Anderson reported the first layer of blacktop mat would be installed. Then next year the final surface would be put in. There will also be some cost for street lighting. 13. PROJECT 88-22 Mayor Ackland read Publication No. 3785 for Project No. 88-22. No one was present to be heard regarding the project. 14. PROJECT 88-25 Mayor Ackland read Publication No. 3786 for Project No. 88-25. Mr. Mark Keehr, 726 South Main Street, asked if only $37,000 would be assessable for sewer and water service to the homes and would the line go to the property line. 6 CITY COUNCIL MINUTES - JANUARY 26, 1988 Mr. Bob Evans, 516 South Main Street, asked about the storm sewer and its condition. Ms. Dorothy Braun, 526 South Main Street, inquired about the plans for the Main Street project. Engineer Anderson stated no bids had been taken yet so the City was not sure of its cost. The work may start in the middle of May, and the project will be coordinated with MN/DOT. Mr. Roger Vorlicek, 570 South Main Street, asked about the cost per foot. Ms. June Wick, 535 South Main Street, commented about her concern of hazardous wastes and suggested a ring road around town for the heavy traffic. Alderman Carls moved to close the hearing at 10:07 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to reject projects 88-10 and 88-15 and revise project 88-12 for just the intersection. Motion unanimously carried. itAlderman Torgerson moved to approve the remainder of the projects and to waive readings and adopt Resolutions No. 8699 and No. 8702. Motion seconded by Alderman Carls and carried unanimously. RECESS: The City Council adjourned for a 15 -minute recess. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION BY C.A.M. REGARDING STATUS OF POLICE STATION AND PROPOSAL REQUESTS NO. 8, NO. 9, NO. 10 AND NO. 11 Mr. Vergil Florhaug of C.A.M. reviewed the budget update and presented the following proposal requests regarding the police station: Proposal #8 - Add on to Baril's Company Contract $ 49.00 Base on Walls for Room 114 Dispatch Proposal #9 - Deduct on Berg Drywall Contract 850.00 Deduct on R & H Painting Contract 1,035.00 Paint or Spray Texture from Ceilings & Exterior Stucco Paint Proposal #10 - Add on to Allied Mechanical 133.92 Change for Electrical Work Proposal #11 - Add on to Allied Mechanical 1,056.00 Fire Dampers In Secure Area 7 CITY COUNCIL MINUTES - JANUARY 26, 1988 Following discussion, Aldernan Torgerson moved to approve the proposals requests 48, #9, #10 and #11, plus the cast aluminum lettering at $822, for a total of +$175.92. Motion seconded by Alderman Carle and unani- mously carried. City Administrator Plotz inquired if the payment to the architect should be held due to some concerns about their errors. Mr. Florhaug answered in the affirmative. (b) PRESENTATION BY REPRESENTATIVE STEVE DILLE Representative Dille informed the Council he would try to help the City obtain additional funding for the wastewater treatment plant project. Also, he addressed the issue of levy limits. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 1/88 - ORDINANCE AMENDING SECTION 635:05 OF CITY ORDINANCE REGARDING SIDEWALK SNOW REMOVAL The motion was made by Alderman Mikulecky, seconded by Alderman Carle, to waive second reading and adopt Ordinance No. 769. Motion carried unanimously. (b) ORDINANCE NO. 2/88 - ORDINANCE AMENDING SECTION 715:40 OF 1974 ORDINANCE CODE - ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 11 THERETO The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 770. Motion carried unanimously. (c) ORDINANCE NO. 3/88 - ORDINANCE AMENDING ORDINANCE NO. 630 CHANGING TERMS OF OFFICE FOR SENIOR ADVISORY BOARD The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to waive second reading and adopt Ordinance No. 771. Motion unanimously carried. (d) RESOLUTION NO. 8695 - RESOLUTION ESTABLISHING 24-HOUR PARKING FOR DOWNTOWN RESIDENTS WITH PARKING PERMITS Following discussion, Alderman Carle moved to waive reading and adopt Resolution No. 8695 with amendment. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Carle moved to further amend the Resolution authorizing the City Administrator to designate the applicable municipal parking lots and number of spaces under Section 6, Alderman Mlinar seconded the motion and carried unanimously. y- CITY COUNCIL MINUTES - JANUARY �6, 1988 (e) RESOLUTION NO. 8698 - RESOLUTION DEDICATING PUBLIC RIGHT-OF-WAY FOR THE FRONTAGE ROAD ON THE EAST SIDE OF TRUNK HIGHWAY 15 FROM FREEMONT AVENUE TO CENTURY AVENUE The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8698. Motion unanimously car- ried. (f) RESOLUTION NO. 8700 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8700. Motion unanimously car- ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF TWIN OAKS/HOLMQUIST ASSESSMENT ISSUE City Attorney Anderson reported on the status of insurance coverage on the disputed assessment and stated he was waiting for a reply from the insurance company. Following discussion, Alderman Carls moved to defer to the next meet- ing. Motion seconded by Alderman Torgerson and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to discontinue water service on Monday, February 1 at noon, unless other arrangements have been made. Motion seconded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF REIMBURSEMENT FOR CROP DAMAGE CAUSED FROM FORCE MAIN INSTALLATION Following discussion, the motion was made by Alderman Carls to approve payment of $100 written out to both Milan Joecks and Chris Kadelback. Alderman Torgerson seconded the motion and unanimously carried. (c) CONSIDERATION OF UTILITY OVERCHARGE FOR HAUKOS/BRADFORD BUILDING Following discussion, Alderman Torgerson moved that the City make an offer of $5,000 from the water/sewer fund. Motion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GRANT HATTEN FOR WHOLESALE/RETAIL MEAT MARKET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mikulecky moved to approve the condi- w CITY COUNCIL MINUTES - JANUARY 26, 1988 tional use permit and waive reading and adopt Resolution No. 8693. Motion seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY GERALD WOLSKE TO MOVE A MOBILE HOME WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Carls moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8694. Motion seconded by Alderman Torgerson and carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY LARRY BETHKE AND KOOSMAN/RICE TO CHANGE PUD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson to ap- prove the conditional use permit and waive reading and adopt Resolution No. 8692, subject to the recommendation of the Planning Commission re- garding hydrant location, building and utility setbacks, the sewer is- sue, cul-de-sac width and covenants; also, that the curb openings re- main the same, meeting with engineer approval as long as there are turn arounds. Motion seconded by Alderman Carls and carried unanimously. (g) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JOEL VINKEMEIER (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to refer the sketch plan to the County with no objection. Motion seconded by Alderman Mikulecky and unanimously car- ried. (h) CONSIDERATION OF ESTABLISHING DATE FOR CITY COUNCIL SPECIAL MEETING/ WORKSHOP IN FEBRUARY Following discussion, Alderman Mlinar moved to set the date of Febru- ary 24 at 5:30 P.M. Motion seconded by Alderman Mikulecky and carried unanimously. Administrator Plotz reported that the joint meeting with the County Commissioners would be held either February 3 or February 8. (i) CONSIDERATION OF ESTABLISHING SALARY FOR HUTCHINSON UTILITIES COMMISSION MEMBERS Following discussion, the motion was made by Alderman Torgerson to refer back to the Utilities Commission for a recommendation. Motion seconded by Alderman Carls and unanimously carried. (j) CONSIDERATION OF CONTRACT WITH AMERICAN RISK SERVICES Alderman Carls moved to approve and enter into contract with American Risk Services. Motion seconded by Alderman Mlinar and unanimously car- ried. 10 CITY COUNCIL MINUTES - JANUARY 26, 1988 (k) CONSIDERATION OF RESOLUTION REGARDING EMMA LAKE ESTATE Attorney Anderson reported he had met with the joint parties involved regarding the estate. Adoption of Resolution No. 8701 would release the funds and close the files. Alderman Mikulecky moved to waive reading and adopt Resolution No. 8701. Motion seconded by Alderman Carls and unanimously carried. (1) CONSIDERATION OF REPAIR OF FIRE PROTECTION SYSTEM AT CIVIC ARENA Following discussion, the motion was made by Alderman Carls to approve the repair as requested by the Fire Marshal. Motion seconded by Alder- man Mlinar and carried unanimously. (m) CONSIDERATION OF ENERGY COUNCIL RECOMMENDATION FOR AGREEMENT WITH ENERGY COORDINATOR Alderman Carls moved to approve and enter into an agreement recommended by the Energy Council. Motion seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF ORDERING PREPARATION OF REPORT ON IMPROVEMENT FOR PROJECT NO. 88-13 AND NO. 88-14 Following a report by the Director of Engineering, the motion was made by Alderman Mlinar to approve ordering the report and to waive reading and adopt Resolution No. 8696. Motion seconded by Alderman Torgerson and unanimously carried. (o) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR 1988 PROJECTS Alderman Torgerson moved to approve the report and waive reading and adopt Resolution No. 8697 calling for a hearing on• February 9, 1988 at 8:00 P.M. Alderman Mlinar seconded the motion and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the special Planning Commission meeting held January 25 to discuss a new Comprehensive Plan. The firm of BRW will coordinate the plan and interview key business and govern- ment officials as well as the larger property owners and/or developers who have vacant land inside and outside the city limits. It was reported that an informal hearing would be held in Glencoe at 9:00 A.M. on January 29, 1988 regarding the closing of the Hutchinson division of court. 11 CITY COUNCIL MINUTES - JANUARY 26, 1988 Mr. Plotz commented that the Community Development economic grant for the Small Cities Development Program would be delivered tomorrow. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about private snow removal and blocking off roads. Also, some of the businesses are pushing snow onto the street, which creates a problem. Alderman Mlinar asked if part of the workshop would address the amended City Charter and the City Administrator's job description. It was sug- gested that a special workshop be held in March to discuss these items. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the development across from the Catho- lic Church and stated new plans would be presented. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated he had met with Sam Ulland and the Judge last week. The court ordered Mr. Ulland to meet the requirements of the court order. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unan- imously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11.15 P.M. 12