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03-22-1988 CCMYX I N-,,7 T REG7ULAR MEETING '�:-TTC*-:'NSON CITY COUNCIL 1— 111 1 TUESDAY 22, 1938 i. The meeting was called to or -der ty Xayor Ackland at 7:30 P.M. The follow- ing were prEisent: Mayor Paul L. Ackland, Aldermen Mike. Carls, John Mlinar, Marlin Torgerson and Pat Xikulecky, Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend David Anderson. 3. MIN -JE` The minutes of the regular meeting of March 8, 1988 and bid openings of March 4, 1988 and MarGh 15, 1938 were approved as distributed, 4, ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS I DD A I 1. FINANCIAL REPORT - FEBRUARY 1988 2. MINUTES PLANNING COXMISSION XT OF FEPRUARY 16, 1988 4j A - r 3. SENIOR ADVISORY BOARD MINUTES OF JANUARY 20 AND FEBRUARY 24, 1988 4. TREE BOARD MINUTES OF FEEPTARY 3, 19188 5. PARK & RECREATION BOARD MINUTES OF FEBRUARY 3, 1988 G. HOSPITAL BOARD MINUTES OF FEBRUARY 16, 1.983 7. AIRPORT COMMISSION MINUTES OF MARCH 14, 1988 (b) REQUEST TO USE LIBRARY SQUARE ON APRIL 23, 1988 FOR SPRING CLEAN-UP (c) APPLICATION FROM 'HUTCH. HOCKEY ASSOCIATION FOR GAMBLING LICENSE 1. PETER'S RESTAURANT & LOUNGE 2. SODBUSTIER SALOON (d) APPLICATIONS FOR INTOXICATING 1,1QUOR, LICENSE 1. WTOOLE'Sp 2. SHEEP SHEDDE 3, VICTORIAN INN 4. GOLD COIN The motion was made by Alderman Torgerson, seconded by Alderman Ylinar, to order report and minutes filed, approve the use of Library Square, and issue licenses. Notion unanimously carried. 5. PUBLIC HEARING - 8:00P.X. - - --------- (a) INTOXICATING LIQUOR LICENSE APPLICATIONS: 4. CITY COUNCIL MINUTES - MARCH 22, 1938 i. VERN SHOWALTER -SPANKY'S h 2. Pe 1E B R Y N I L Ls = 171 _.,_'t3: E" A N.- 0 U -:a I U, Mayor Ackland called the- hearing to order an(J. read the notices of public hearing. No one wa:3 present to be heard. Alderman Torgerson moved to _-Ione- the hearin=g at 8,03 P.M. Motion sec- onded by Alderman Mlinar and unanimously carried. City Attorney Anderson rotated that since Tom Dolder no longer holds the intoxicating liquor license for Spanky's, there will no longer be any sale of intoxicating liquor into the bowling alley through the window. 1 -U 1 -JI Muvefi to approve and issue the licensesandto send I Ml to Spanky's. Motion seconded by Alderman Torgerson and unanimously carried, (b) IMPROVEMENT PROJECT NO, 88-07 Mayor Ackland called the hearing to order at 8:04 P.M. and read Publi- cation No. 381-01 Yr. Gerald Zimmer -man, 16 Cleittury Avenue, ;:Mated that a month ago he had' spoken in opposition to the project. A petition had been submitted, and the project. was rejected by the Council. Plow they had received an- other notice of public hearing on the same project. He raised a ques- tion on some work that was supposed to have been done in 1985. Mayor Ackland reported that the Council wag i not aware of the 1981 sub- division agreement and its stipulations- at the time the February 9, 1988 hearing was held. Mr. Mike Becker had informed the Council that he was the only one affected by the project. However, he had paid as- sessments for the Bradford Street improvement, and he deserved to havel his gravel ,:,treet paved. Mr. Ed Wegscheid, 14 Century Avenue, commented that he was not aware of any subdivision agreoment or payment for streets in the area. It look- ed to him like an extension of a street going further. He felt the people who benefited from the project should pay for it. Mr. Richard Schmidtbauer, developer, stated the subdivision agreement was written in 1981. No one had objected to the Bradford Street im- provement, but now everyone is objecting to this project. The water and sewer was installed and paid for by the developer. A gentleman at 62 Century Avenue remarked that he bought his property in August or September of 1937. He was tole, all assessments were paid, and there would be no future assessments. An assessment search was done in Glencoe, but there was a discrepancy on it. The search showed $3,000 due, and there would be an additional $600 assessment. 2 CITY COUNCIL MINUTES - MARCH 22, 1988 Mr. Mike Becker, 56 Century Avenue, stated he was the individual who the road would pertain to most. When he built his house, he was told that all the City appurtenances would be put. in within two years and the street paved. After that period of time, he talked to the City Engineer. The City planned to pave Bradford and Sherwood Streets, but only Bradford Street was dune. In February a petition was passed around against the project. He has waited five years for his street to be paved. Alderman Torgerson moved to close the hearing. Motion seconded by Alderman Carls and unanimously carried. Alderman Torgerson moved to approve project No. 88-07, to order prep- aration of plans and specifications and to waive reading and adopt Resolution No. 8735, Notion seconded by Alderman Mikulecky and unani- mously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT FROM MECHANICAL ENGINEER OF THORBECK 'a LAMBERT, INC. ON POLICE STATION PROJECT (DEFERRED MARCH 8, 1988) This item was deferred to the next Council meeting, pending the sched- uled meeting regarding the police station. During discussion, it was the consensus of the Council to withhold pay- ment of $2,500 to Thorbeck & Lambert architectural firm and $5,000 to C.A.M. until the City received answers to itr-, questions regarding the police facility. Alderman Carls moved to reconsider the payment of $5,000 to C.A.M. and defer payment until some future date. Motion seconded by Alderman Torgerbon and unanimously carried. (b) PRESENTATION BY COMMUNITY AFFAIRS TASK FORCE Ms. Cheryl Dooley, Task Force President, and Gary Blythe, Executive Vice -President of the. Chamber of Commerce, appeared before the Council to express concerns regarding the City's policy on purchasing. A Reso- lution adopted by the Task Force, and endorsed by the Chamber's Board of Directors, was presented to the Council. Following discussion, Alderman Carls moved to accept the Resolution as information at this time. Motion seconded by Alderman Torgerson and unanimously carried. (c) DISCUSSION OF PROPERTY LOCATED AT 35 FRANKLIN AVENUE NORTH City Administrator Plotz reported that Franklin Avenue North was for sale. At ested in it for a future building site. the property located at 35 one time the City was inter- CITY COUNCIL MINUTES - MARCH 22, 1988 Following discussion, Alderman Car -Is moved to communicate to the prop- erty owner representative -chat, the City appreciated being made aware of the fact the property was for sale, but at this point in time there was no need to purchase the property. Notion seconded by Alderman Mlinar and unanimously carried. (d) PETITION FOR FLORIDA STREET !XPROVENENT Mr. Richard D. Danielson submitted a petition requesting grading, curb and gutter, and aggregate base on Florida Street during 1988. The City Engineer suggested an engineering report be submitted for the next Council meeting and an improvement project public hearing be held. Following discussion, Alderman Torgerson moved to direct the City En- gineer to have an engineering report ready for the special Council meeting to be held March 28, 1988, to hold a public hearing for April 12, 1988 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8744 and No. 8745 for, Project No. 88-30. Motion seconded by Alderman Mikulecky and unanimously carried. RECESS: The City Council adjourned for a 15 -minute recess at 9:40 P.M. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8727 RESOLUTION TO DECERTIFY TAX SHORTFALL IN CITY TAX INCREMENT DISTRICT FOR S&L REHAB The notion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8727. Motion unanimously carried, (b) RESOLUTION NO. 8728 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8728. Motion unanimously carried. (c) RESOLUTION NO. 8736 - RFS00TION TO ENDORSE HUTCHINSON LOCATION FOR 1990 AMERICAN LEGION DISTRICT CONVENTION The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 87.36. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING QUOTATION FOR 19088 GASOLINE AND DIESEL FUEL FOR CITY VEHICLES (DEFERRED MARCH 15, 1988) Following discussion, Alderman Torgerson moved to approve and award thq 4 CITY COUNCIL MINUTES - MARCH 22, 1988 ouotation for bid to Hutchinson Co -Op for the price per gallon over base price of $ .04 per, gallon over Koch fuel price. Motion seconded by Alderman Mlinar and carried four to one, with Mayor Ackland voting nay. (b) CONSIDERATION OF AWARDING B D F jR STORIWATER I N'LET GRATES - LETTING NO, 1.3, PROJECT NO. 88-29 (DEFERRED MARCH 18, 1988) Following discussion, Alderman C:arls moved to award the bid to the low bidder, Neenah Foundry in the amount of $14,665.00, and to waive read- ing and adopt Resolution No. 8738, motion seconded by Alderman Miku- lecky and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR LETTING NO. 1, PROJECT NO. 88-25 (DEFERRED MARCH 18, 1988) Following discussion, Alderman Torgerson moved to award the bid to low bidder, S & L Excavating in the amount of $224,352,06, to hold a public hearing for Aril 12, 1988 at 8:00 P.M. on Assessment Roll No. 237, and to waive readings and adopt Resolutions No. 8739 and No. 8740. Motion seconded by Alderman Mikulecky and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Carls moved to di6continue service, on Monday, March 28, 1988 on the listed accounts urile.sc,; other arrangements had been made. Motio4 seconded by Alderman Torger,bon and unanimously carried. (b) CONSIDERATION OF SURFACING ON TYLER STREET AND MCDONALD DRIVE - PROJECT NO. 88-04 Following discussion, Alderman Carls moved to approve the report and project No. 88-04, to hold a public hearing April 12, 1988 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8725 and No. 8726. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF PARKING LIMITS ON OFF-STREET PARKING LOTS Following; discussion, no action was taken. (d) CONSIDERATION OF DOWNTOWN PARKING ENFORCEMENT AREA ALONG HASSAN AVENUE AND FRANKLIN AVENUE Following discussion, it was the consensus of the Council to drop any parking requirement time periods and enforcement along the west side of Hassan and the east side of Franklin Streets. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve the amendment and to waive first reading of Ordinance No. 5 CITY COUNCIL MINUTES - MARCH 22, 1988 6188 and set second reading for April 12, 1988. Lotion unanimously carried. (e) CONSIDERATION OF CONDITIOBAL USE PERMIT SUBMITTJFD BY JEFF MUNSELL FOR A CAR WASH WITH FAVORABLE RECONNENDATION OF PLANNING COMMISSION It was reported that a revli:,ed site plan was being prepared. Mr. Richard Danielson expre�.sed concern about railroad ties being used as curbing and the plantings around the proposed building. During discussion, it was requested to obtain a legal opinion from the City Attorney on a definition of "curbing." Alderman Torgerson moved to have the City staff come back with a recom- mendation of a definition of "curbing." Motion seconded by Alderman Carls and unanimously carried. Alderman Nlinar moved to defer to the next meeting. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF REVISED PRELIMINARY AND FINAL PLAT OF CASA ADDITION SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the prelim- inary and final plat for Casa Addition and to waive reading and adopt Resolution No, 8730. Motion seconded by Alderman Nikulecky and unani- mously carried. ' (g) CONSIDERATION OF PRELIMINARY PLAT OF OAK HILLS SUBNITTED BY GERRIT SMITH (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was the recommendation of the Planning Commission to suggest the name of the plat be changed inasmuch as there are several additions, streets, etc. using the name "Oak" within City limits. The motion was made by Alderman Mikulecky, seconded by Alderman Carls, to refer to the County with no objection. Motion unanimously carried. (h) CONSIDERATION OF PRELIMINARY PLAT OF MCCLURE'S SECOND ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Nlinar moved to approve the preliminary plat and to waive reading and adopt Resolution No. 8731. Motion sec- onded by Alderman Mikuiecky and unanimously carried. (i) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ROLFE'S ADDITION SUBMITTED BY FORD ROLFE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 6 CITY COUNCIL MINUTES - MARCH 22, 1988 Following discussion, Alderman Torgerson moved to approve the prelim- inary and final plat, waive the park and playground contribution, and waive reading and adopt Resolution No. 8732. Motion seconded by Alder- man Mlinar, and unanimously carried. (j) CONSIDERATION OF REZONING REQUEST FROM R-2 TO R-3 ON GLEN STREET REQUESTED BY JOHN KORNGIEBEL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar moved to approve the rezoning and to waive first reading of Ordinance No. 7/88 and set second reading for April 12, 1088. Motion, seconded by Alderman Torgerson and unanimously carriea. (k) CONSIDERATION OF A PLANNED UNIT DEVELOPMENT/CONDITIONAL USE PERMIT REQUESTED BY JOHN KORNGIEBEL WITH FAVORABLE RECOMMENDATIONN OF PLANNING COMMISSION Following discussion, Alderman Torgerson moved to approve the PUD/ Conditional Use Permit and to waive reading and adopt Resolution No. 8733. Motion seconded by Alderman Mikulecky and unanimously carried. (1) CONSIDERATION OF SUBDIVISION AGREEKENTS REGARDING TREE POLICY REQUESTED BY CITY FORESTER WITH FAVORABIJE RECOMMENDATION OF PLANNING COMMISSION The City Forester presented d proposed tree ,policy for the boulevard area concerning subdivision agreements. The cost would be $25 per tree for two trees per lot, with the trees available from the City. Following discussion, Alderman Torgerson moved to approve the policy. Motion seconded by Alderman Carls. After further discussion, Alderman Carls amended the motion to direct the propoc�al back to the City Engin- eer and City Forester, for a report on costs. Amended motion seconded by Alderman Torgerson and unanimously carried. Main motion carried unanimously. (m) CONSIDERATION OF SUBDIVISION AGREEMENT FOR ROLFE'S ADDITION Following discussion, the motion was made by Alderman Mikulecky, sec- onded by Alderman Mlinar, to approve the subdivision agreement. Motion unanimously carried. (n) CONSIDERATION OF QUOTATION FOR CRUSHING AGGREGATE BASE Following discussion, Alderman Mlinar moved to approve the quotation from Wm. Mueller & Sons, Inc. in the amount of $2.27 per cubic yard for a maximum of 6,000 cubic yards of crushed material ($13,620). Motion seconded by Alderman Mikulecky and unanimously carried. (o) CONSIDERATION OF REQUEST FOR SPECIAL CITY COUNCIL ?KEETING 7 CITY COUNCIL MINUTES - MARCH 22, 1983 Following discussion, Alderman Torgerson moved to hold a special meet- ing on April ci, 1988 at 4.30 P.M., followed by a joint meeting with the School Board Committee at 7:00 F.M. Motion seconded by Alderman Miku- lecky and unanimously carried. (p) CONSIDERATION OF RESOLUTION ENDORSING STATE LEGISLATURE TO PROVIDE ADDITIONAL FUNDING FOR TRAtiSPORTATION PROJECTS Following discussion, Alderman Carls moved to approve and waive read- ing and adopt Resolution No. 8734. Motion seconded by Alderman Tor- gerson and unanimously carried. (q) CONSIDERATION OF APRIL 1, 1938 AS CUT-OFF DATE FOR 1988 IMPROVEMENT PROJECTS Following discussion, Alderman Torgerson moved to approve. Motion sec- onded by Alderman Carls and unanimously carried. (r) CONSIDERATION OF REQUEST TO PURCHASE TYPEWRITER The motion was made by Aider -man Carls, seconded by Alderman Torgerson, to honor the recommendation of the City Administrator and approve the purchase. Motion unanimously carried. (s) CONSIDERATION OF GOLF COURSF, 'PRIVATE INGRESS/EGRESS ROAD City Administrator Plotz presented background information regarding the Country Club project. All the engineering work would be done by a pri- vate firm, but the bid would be included with the City's projects and City bond issue, with the Country Club paying all the costs involved. The Director of Engineering ,;t.ated a waiver of trespass or temporary construction easement would be required if the City contractor did the work since it would be on private property. Following- discussion, Alderman Torgerson moved to approve the project process for the necessary paperwork and to order plans and specifica- tions. Motion seconded by Alderman Mlinar. Alderman Torgerson amended the motion that the project be brought back to the City Council on May 10, 1988. Alderman Mlinar amended the motion and unanimously carried. The main motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on a letter from Donohue regarding a change order for a sludge hopper at the new wastewater treatment plant. Time limitations made it necessary to proceed prior to approval, but a change order request will be forthcoming. 8 CITY COUNCIL MINUTES - MARCH 22, 1938 It was reported that a reque,,,t had been received to change the part- time secretarial position in the Building Official's office to a full- time status, Money was available in the budget for a temporary full- time position through November. Following discussion, Alderman Carls moved to approve the temporary full-time position until November and come back to the Council with a report. Motion seconded by Alderman Mlinar and unanimously carried. Mr. Plotz stated there was an objection from residents in the area to the proposed 80 -units to be located by the water tower. In October 1986 the site plan showed four 16 -unit apartments, which were approved for R-3 zoning. Now the developer is requesting 80 units. It was sug- gested that a voluntary public hearing be held on the issue. Alderman Mlinar, moved that. the Planning Commission hold a public hear- ing on April 19, 1988 and forward a recommendation to the City Council. Motion seconded by Alderman Torgerson and unanimously carried. MN/DOT has provided the City with the plans for the Hwy. 15 south im- provement project. The State will be taking bids in two weeks, and the City's share of the project cost is estimated to be $166,738.74. The Federal Aid Urban funds will cover the City's share. Alderman Torger- son moved to approve and enter into Agreement No. 64470 with the State of Minnesota and to waive reading and adopt Resolution No. 87137. Mo- tion seconded by Alderman Mikulecky and unanimously carried. Last week the City Administrator and City Engineer attended the School District meeting regarding the location of the new school. Alterna- tives to extend Linden Avenue to School Road were reviewed. The Mayor proposed an east/west road through the school property on Linden Ave- nue; however, the school is opposed to it, Therefore, a joint meeting of the City Council and School Board to review road layouts has been suggested for April 6, 1988. Alderman Torgerson moved to set up a joint meeting on April 6, 1938. Motion seconded by Alderman Mikulecky and unanimously carried, (b) COMMUNICATION FROM ALDERNAli MIKE CARLS Alderman Carls raised a concern regarding the disposal of used motor oil. The City Attorney will check into the matter. Alderman Carls inquired about the notices sent out for public hearings. He suggested that only the items pertaining to the project be included on the hearing notice. The City Engineer responded that all. items are listed as a safeguard so that the property owner was made aware of all areab. (c) COMMUNICATION FROM ALDERMAN "COHN MLINAR Alderman Mlinar commented about two people who live on the end of X CITY COUNCIL MINUTES - MARCH 22, 1988 Washington and have a problem with 'Leaky water'. When they returned from a weekend trip, their water had been shut off. They have a com- mon service between two parties. One of the shut -offs is located under a concrete driveway. The City Engineer recommended separate service and split the cost. (d) COMMUNICATION FROM CITY ATTORNEY The City Attorney stated two of the airport properties had been set- tled. One was settled this week, and the other one the Council already knew about. A more detailed report will be presented at the March 28, 1988 Council meeting. 11, CLAIA,5, AEPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The not -Ion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:25 P.M. 1v