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03-28-1988 CCMMINUTES SPECIAL CITY COGNCIL MEETING MONDAY, MARCH 28, 1988 1. The special meeting was called to order by Mayor Ackland at 7:00 P.M. Present were: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, and Marlin Torgerson. Absent: Alderman Pat Mikulecky. Also present: City Administrator Gary D. Plotz and Director of Engineering Eugene Anderson. 2. PUBLIC HEARING (a) PROJECT NO. 88-17 - THIRD AVENUE N.W. IMPROVEMENT Mayor Ackland called the hearing to order and read Publication No. 3821. Atty. Dan Prochnow, representing Hutchinson Manufacturing, stated their objection to the project. The owner does not feel it is a necessary project at this time and questioned if it could be afforded at this time. It would be very expensive from a condemnation viewpoint to ob- tain Hutch. Mfg. property. The City would need to show a benefit to the property owner, and the road would eliminate several parking spots. His client strongly objects to the project. Engineer Anderson stated the proposed project would not go as far as Hutchinson Manufacturing property. Furthermore, the road would not go through their property. Mr. Eugene "Bud" Daggett commented he had no concern regarding the project if it did not affect his land. He would have another access. Mr. Lowell Baumetz, Modern Mazda dealer, stated his property was located across the highway on Fourth Avenue. He didn't see any benefit or reason for him to support the project. Further, he was against put- ting any monies into the storm sewer since there was no necessity for him to pay for a storm sewer on Third Avenue when he is located on Fourth Avenue, which is a block away. Mr. Deane Dietel, 845 Second Avenue S.E., asked if the storm sewer was undersized. He stated he had just finished paying for the present storm sewer in 1986, and it was adequate. He questioned the height of the road and commented that his land was lower than the road. The land to the north is lower than the road, and the water sits there. Mr. Dietel wondered how many inlets would be put in to help the other people. Mr. Dietel wanted to know if the assessment cost was for in- dustrial size sewer. If so, he did not feel it was fair to assess residential property for commercial cost. The City Engineer responded there were some capacity problems. During the heavy rain in August, there was a problem with water flowing down the street. The inlets couldn't take the water, and the storm sewer wasn't big enough to take care of this area. } CITY COUNCIL MINUTES - MARCH 28, 1988 Mr. Deforest Wagner, Minneapolis, remarked that he owned some property north of the area. He had surveyed some land and wanted to know how he would benefit from the project. He inquired why he couldn't hook up on the north side by the Assembly of God Church and go across Hwy. 7. Engineer Anderson commented that the pipe referred to was only 15" or 18" in size and was not sized to pick up the drainage from Wagner's property. To the east there is a 24" culvert. There are both ditch and culvert elevations in that area. The high point in the ditch drainage is the Erickson & Templin property. Mr. Wagner asked how much water fall there would be. He stated the only water from the east would be from Art Zabel's property. He sug- gested going 250' east and hooking up there. Since Zabel has tile go- ing east and west, Mr. Wagner wondered why Zabel was being assessed for this project. There is a storm sewer in the ditch, and he had never seen the ditches filled with water. The only storm sewers are from east of Stearnswood. He questioned why there weren't any from the west. Mr. Wagner inquired where the storm sewer would be located. The City Engineer stated the proposed storm sewer would be located on the south side of the street with the new inlets by Hutch Computer Inc. The pipe from that inlet would go east on Third Avenue. Mr. Bud Daggett commented that he had put in a tile on the west that dumps into the river. Alderman Torgerson stated there was no need for a line under Hwy. 7. However, there is water standing in front of the tire shop most of the time. Mr. Roger Stearns, Stearnswood, reported that water runs down the paved driveway of Modern Mazda and comes across the highway over to Hutch Computer's property. He expressed concern regarding parking area at Stearnswood. He wondered what a curb would do to parking space and how it would affect the trucking that comes into his business. Mr. Stearns was in favor of the project, but he was concerned about adequate open- ings into his property. He assumed it would involve parallel parking. Mrs. Margaret Starks, 406 Third Avenue N.W., asked how many openings there would be into the sewer line. At present, there are none on her side of the street. The water comes onto her property from the street. She inquired what the assessment cost would include. The City Engineer answered that there would be two or three inlets west of the Starks' property. The cost for the storm sewer would be approx- imately 10 cents a square foot or $55 a frontage foot. An additional cost would be the apron at $3 a square foot. He further stated that the grates installed by MN/DOT may not be large enough for the area. Ms. Lorraine Wright, 196 Third Avenue N.W., presented a letter opposing 2 CITY COUNCIL MINUTES - MARCH 28, 1988 the project. She stated she was satisfied with the present storm sewer drains, and she was opposed to the cost of the project. Ms. Wright did not see any benefit to her property; therefore, she was opposed to the project. Mr. Arthur Zabel, 545 Hwy. 7 West, thought the distance to Main Street East was taken care of very well. He had never seen any water problem. The elevation is the same up to Erickson Equipment. He wondered why the stoma sewer wasn't extended when Hwy. 7 was put in and if anyone had checked with the highway department. The storm sewer on Fourth Avenue will take care of any water coming from the north. Mr. Zabel felt there was an adequate intake, and there was no trouble on that piece of road. He didn't think that Third Avenue was ready for this large a project. The land slopes away from the street, and a curb would not hold the water. He had never seen any problem there, and he believed there was a tile drain on Merrill. He felt the project was too costly with no benefit. Mr. Clarence Starks, 406 Third Avenue N.W., stated the City had put in a storm sewer several years ago but no inlets were put in, which did no good. He questioned why another storm sewer was being considered when the present one was just paid for. Mr. Starks didn't feel it would do any good. He commented that he did not have the money to pay the assessments. Something needed to be done on Third Avenue, but it would cost them their home. He did not want to be opposed to something being done and inquired if the project could be done in stages. He felt sorry for those with a water problem. City Administrator Plotz explained the deferred assessment program. Mr. Willard Reiner, Director of the Hutch. Farmers Union Co -Op, asked what would happen with the railroad assessments if they are not paid by the owner. He wondered if the taxpayers of Hutchinson would have to pick up the defaulted payment. Mr. DuWayne Anderson, 755 Hwy. 7 West, inquired if there was any other; alternative of what could be done for water drainage in the ditch. He asked if it was predetermined that something would be done on Third Avenue. Mr. Anderson wondered if it was only once or twice in a summer that there was a water problem, or if it was every time there was rain and runoff. Mr. Don Hantge, 325 Third Avenue N.W., commented that he has a lot of water in front of Tri -County Water building. He hoped something could be done to alleviate the water. Mr. Hantge stated that Third Avenue has a lot of traffic on it. Mr. Howard Brandon, 785 Hwy. 7 East, asked if there were any plans for the frontage road. He would be assessed again for the storm sewer, curb and gutter work if the City put in a future road. 3 CITY COUNCIL MINUTES - MARCH 28, 1988 Mr. Lowell Baumetz commented that, the water coming down the driveway on his property originates from land to the north outside the City limits. The HCI building sits in a low area, but it cannot get water from the east or south because there is plenty of drainage, and the highway is located there. Supervisor Larry Karg reported that right after HCI put up its building and landscaped the grounds, they started having problems with water from the north. Any time there is a two inch or more rain, HCI has a water problem. He thought plugging the 24" tile on the north side would help resolve the situation. The motion was made by Alderman Torgerson to close the hearing at 8:15 P.M. Motion seconded by Alderman Mlinar and unanimously carried. Following discussion, Alderman Mlinar moved to defer Project No. 88-17 until the next Council meeting on April 12, 1988 and to direct the nec- essary questions to the City Attorney. Motion seconded by Alderman Carls and unanimously carried. 3. PRESENTATION BY CITY ATTORNEY REGARDING AIRPORT PROPERTY ACQUISITION City Attorney Barry Anderson submitted a memorandum outlining the approval from two property owners to settle claims regarding the Hutchinson Munici- pal Airport Zoning Ordinance. It was his recommendation to approve payment of $10,000 to Citizens State Bank of Gibbon (former Albertson property) and payment of $5,500 to Jerome Renner when the legal requirements concerning transfer of title has been completed. Following discussion, Alderman Mlinar moved to approve. Motion seconded by Alderman Torgerson and unanimously carried. 4. CONSIDERATION OF SUBDIVISION AGREEMENT FOR CASA ADDITION Developer John Miller objected to some of the stipulations in the proposed subdivision agreement for Casa Addition. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the subdivision agreement. Motion failed with four nays. CITY COUNCIL MINUTES - MARCH 28, 1988 Alderman Mlinar moved to send the proposed agreement back to City staff to work with the developer on the problem. Motion seconded by Alderman Torger- son and unanimously carried. 5. CONSIDERATION OF PETITION FOR STREET SURFACING OF LAKEWOOD TERRACE (TYLER STREET/MCDONALD DRIVE) No action was taken inasmuch as a public hearing will be held on April 12, 4 CITY COUNCIL MINUTES - MARCH 28, 1988 1988 for Project No. 88-04. 6. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR LETTINGS NO. 5 N_0, 6 AND NO. 7 AND ADVERTISING FOR BIDS Following discussion, Alderman Torgerson moved to approve the plans and spe- cifications, to advertise for bids April 29, 1988 at 2:00 P.M., and to waive readings and adopt Resolutions No. 8741, No. 8742 and No. 8743. Motion sec- onded by Alderman Mlinar and unanimously carried. 7. CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON FLORIDA STREET IMPROVEMENT, PROJECT NO. 88-30 Following discussion regarding the width of the street and dead-end, the mo- tion was made by Alderman Torgerson to approve the engineering report, hold public hearing April 12, 1988 at 8:00 P.M., and to waive readings and adopt Resolutions No. 8744 and No. 8745. Alderman Carls seconded the motion and unanimously carried. 8. CONSIDERATION OF ATTENDANCE AT ANNUAL LEAGUE OF MINNESOTA CITIES CONVENTION Mayor Ackland instructed the Council members to inform the Administrative Secretary of their plans to attend the annual League Convention. 9, PRESENTATION AND RECOMMENDATIONS BY CITY ADMINISTRATOR ON ASSESSMENT SEARCH SURVEY This item was deferred to the special City Council meeting scheduled for April 6, 1988 at 4:30 P.M. 10. ADJOURNMENT There being no further business, the meeting adjourned at 9:17 P.M. 5