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06-28-1988 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 1988 1. The meeting was called to order by Mayor Ackland at 7:30 p.m. The following 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. 3. MINUTES The minutes of the regular meeting of June 14, 1988, special meeting of June 17 1988 and bid opening of June 17, 1988 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF MAY 17, 1988 2. FINANCIAL REPORT The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to order the minutes and report filed. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 245 - PROJECT NO. 88-17, LETTING NO. 3 Mayor Ackland called the hearing to order at 8:00 p.m. and read Publication No. 3877. Attorney Mike Gavin, representing Modern Mazda, Brandon Tire, DeForest Wagner and Art Zabel, spoke and presented written objection. He asserted the properties would receive no benefit from the proposed storm sewer, since they are on the north side of the highway on high ground. If the assessment is adopted, the parties must appeal to district court. He asked that the project be reconsidered. Ford Rolfe stated he is in favor of the improvement. Mayor Ackland commented that assessments may be requested to be deferred by individuals over age 65. 3, 1 CITY COUMCIL MIBUTES - JUNE 28, 1988 Roger Stearns, Stearnswood, stated he favors the improvement but stated he believes a full curb on 3rd Avenue creates a burden to the businesses in the area which have previously had open access to their properties. He requested consideration for a drive -over curb. Engineer Anderson commented that on similar state aid wide streets, MN/DOT customarily requires a full curb. Hike Gavin asked how assessment for storm sewer was calculated. Staff responded that the assessment had been reduced from $.10/ft. to $.05/ft. on the north side of the highway, but not on the south side. Bob Stearns, Stearnswood, asked that a drive -over curb be provided along the street. Ford Rolfe stated he would also want a drive -over curb. Lowell Baumetz, Modern Mazda, asked on which side of the street the new storm sewer would be. Engineer Anderson responded it would be on the south side, with a large inlet at the end of the culvert that goes up the highway ditch. Margaret Stark asked if the dollars stated in assessment notice are actual or estimated. Response was they are actual. There being no further questions, Alderman Torgerson moved to close the hearing at 8:30 p.m. Motion was seconded by Alderman Mlinar and carried unanimously. Mayor Ackland instructed Engineer Anderson to set up a meeting with the State regarding curb options and to notify interested property owners of the meeting. Alderman Carls asked about benefit to properties on the higher north side of the highway. Attorney Anderson responded the City must prove benefit. Using state aid monies and reducing the original assessment on the north side should help with proving benefit. Engineer Anderson stated that allowances are not usually made for higher elevations. Engineer Anderson commented that for improvements on rail crossings, the property owner usually does the work, but it could be bid out if the railroad agrees. The railroad has made no objection to the assessment notice. Contract should be awarded now, but further research could be done on method for making improvement on railroad. 2 CITY COUNCIL MINUTES - JUNE 28, 1988 Motion to adopt assessment Roll No. 245, award contract and waive readings and adopt Resolutions No. 8825, 8826, and 8827 was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (b) LIQUOR LICENSE AT VICTORIAN INR FOR DR. CHESTER ANDERSON Xayor Ackland called the hearing to order at 8:52 p.m. and read Publication No. 3878. No one was present to be heard. Motion was made to close the hearing at 8:55 p.m. by Alderman Mlinar, seconded by Alderman Torgerson, carried unanimously. Motion was made to issue license by Alderman Xlinar, seconded by Alderman Torgerson, carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR SENIOR CITIZEN REDUCED REFUSE RATE Following discussion, the request of Harry Zumach, 979 Hayden Avenue, was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (b) CONSIDERATION OF REQUEST BY ASSEMBLY OF GOD CHURCH TO USE LIBRARY SQUARE BANDSTAND ON JULY 23 AND 24 Following discussion, the request was approved on a motion by Alderman Torgerson, seconded by Alderman Mlinar, and carried unanimously. (c) CONSIDERATION OF REQUEST BY RESIDENTS FOR OILING OF STREETS (HURON STREET & 3RD AVE SE) Engineer Anderson reported that the cost of oiling the sections of streets would be approximately $3500. There was discussion that city policy has been not to do such projects. Motion was made by Alderman Torgerson to reject the request. Seconded by Alderman Mlinar, it carried unanimously. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE 10. 8/88 - ORDINANCE REGULATING THE ISSUANCE OF SETUP LICENSES FOR THE CONSUMPTION OF INTOXICATING LIQUOR WITHIN THE CITY OF HUTCHINSON Action was deferred to the July 26, 1988, meeting. (b) ORDINANCE NO. 17/88 - ORDINANCE AMENDING SEC. 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIXIT, PARKING ZONES," BY ADDING SUBD. NO. 18 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS." KI CITY COUNCIL MINUTES - JUNE 28, 1988 Motion was made by Alderman Torgerson to waive first reading and set second reading for July 12, 1988. Seconded by Alderman Mlinar, the motion carried unanimously. (c) ORDINANCE N0. 16/88 - SEVER USE AND SEVER SERVICE CHARGE ORDINANCE After discussion, motion was made by Alderman Torgerson to waive sec- ond reading and adopt Ordinance No. 781. Motion seconded by Alderman Carls and carried unanimously. (d) ORDINANCE NO. 11/88 - AN ORDINANCE AMENDING SUBD. ORD. 10. 566, SEC. 5:10 - PARK CONTRIBUTIONS Action was deferred to the July 12, 1988, meeting. (e) RESOLUTION FOR PURCHASE Motion was made by Alderman Mlinar, seconded by Alderman Carls, and carried unanimously to waive reading and adopt Resolution No. 8816. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF JUNKER SANITATION REFUSE RATES (DEFERRED 6-14-88) The item was deferred to the July 12, 1988, meeting at the request of Junker Sanitation. RECESS: A 10 -minute recess was taken at 9:45 p.m. (b) CONSIDERATION OF DEFERRING ASSESSMENTS ON SANTELMAN'S ADDITION (DEFERRED MAY 24, 1988) The item was deferred to the July 26, 1988, meeting. 9. NEW BUSINESS (a) CONSIDERATION OF SETTING DATE FOR ANNUAL APPRECIATION PICNIC FOR AUGUST 24 The date was set on a motion by Alderman Carls, seconded by Alderman Mlinar, and carried unanimously. (b) CONSIDERATION OF A RECYCLING SITE AS RECOMMENDED BY VOLUNTEER SOLID WASTE MANAGEMENT COLI I TTEE Mark Schnobrich represented the volunteer committee in discussing the request. After discussion, Mr. Schnobrich was authorized to find a suitable site in conjunction with the city garage on a motion by Alderman Torgerson, seconded by Alderman Mlinar, and carried unanimously. 4 CITY COUNCIL MINUTES - JUNE 28, 1988 (c) CONSIDERATION OF RENEWAL OF LEASE OF WATER TOWER SPACE BY MOTOROLA The lease was renewed on a motion by Alderman Nlinar, seconded by Alderman Carls, carried unanimously. (d) CONSIDERATION OF RECOMMENDATION OF DESIGN COMMITTEE FOR COMMUNITY STREET LIGHTING Administrator Plotz summarized the recommendations of the design committee. A portion of the cost of the ornamental lights would be paid by funds now in the bond issue and a substantial portion would need to come from contingency. A motion was made by Alderman Torgerson to direct Hutch Utilities to prepare specifications and bid for the lighting. Notion was seconded by Alderman Carls and carried unanimously. (e) CONSIDERATION OF RECOMMENDATION FOR HOOKUP OF ALARM SYSTEMS TO THE POLICE STATION. Approval for hookup of the alarm systems was given on a motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF RENEWAL OF CITY FIRE AND AUTO LIABILITY INSURANCE, ETC. Dennis Potter and Mark Flaten presented renewal information for all municipal entities, stating the city's share would be the same as previously. Mr. Flaten recommended the city continue with retrospective rating for worker's compensation coverage. Liquor liability will increase from $500,000 to $1 million. Mr. Potter requested the city work with the League of Cities to provide binding authority for local agent in adjusting coverages. Motion was made by Alderman Torgerson to renew coverage, including the retrospective rating program. Motion was seconded by Alderman Nlinar and carried unanimously. (g) RECONSIDERATION OF ASSESSMENT ON CORNER OF LAKEVIEW LANE AND SCHOOL ROAD - SCHOOL DISTRICT After discussion, the assessment was dropped on a motion by Alderman Carls, seconded by Alderman Torgerson, carried unanimously. (h) CONSIDERATION OF OF AUTHORIZATION TO PAY TRANS -AMERICA INSURANCE CO. THE BALANCE OF ELECTRICAL CONTRACT Payment was approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. E CITY COUNCIL MINUTES - JUNE 28, 1988 (i) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE A HOUSE REQUESTED BY W. G. BOOSALIS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMMISSION Permit was approved, reading was waived and Resolution No. 8814 was adopted on a motion by Alderman Torgerson, seconded by Carls, carried unanimously. (j) CONSIDERATION OF VACATION OF ALLEY BETWEEN COLLEGE AVENUE AND GRIFFIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Torgerson to approve, waive first reading of Ordinance 18/88 and set second reading for July 12, 1988. Seconded by Alderman Mlinar, carried unanimously. (k) CONSIDERATION OF VACATION OF EASEMENT IN TENPART ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Carls to approve, waive first reading of Ordinance 19/88 and set second reading for July 12, 1988. Seconded by Alderman Mlinar, carried unanimously. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LOUIS KING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Carls to approve, waive reading and adopt Resolution No. 8815. Seconded by Alderman Mlinar, carried unanimously. (m) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JOHN SLYTER (2 MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Mlinar to refer to the County with no objection. Motion was seconded by Alderman Torgerson and carried unanimously. (n) CONSIDERATION OF FINAL PLAT OF OAK HILLS SUBMITTED BY GERRIT SMITH (2 MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Torgerson to approve, subject to the name being changed. Motion was seconded by Alderman Carls, carried unanimously. (o) CONSIDERATION OF FINAL PLAT OF KAMLIN VIEW SUBMITTED BY AL KOGLIN (2 MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Mlinar to refer to the County with no objection. Notion was seconded by Alderman Torgerson, carried unanimously. (p) CONSIDERATION OF REVISED PRELIMINARY PLAT OF BRECHT RIVERSIDE SUBMITTED BY LOWELL BRECHE (2 MILE RADIUS) WITH FAVORABLE RECOMMENDATTON OF PLANNING COMMISSION ,l CITY COUNCIL MINUTES - JUKE 28, 1988 Notion was made by Alderman Torgerson to refer to the County with no objection. Notion seconded by Alderman Carls and carried unanimously. (q) CONSIDERATION OF SKETCH PLAN OF BREEZY MEADOW FIRST ADDITION SUBMITTED BY DONALD SITZ (2 MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Torgerson to refer to the County with no objection. Motion was seconded by Alderman Mlinar and carried unanimously. (r) CONSIDERATION OF LOT SPLIT SUBMITTED BY REDMAN REAL ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY Notion was made by Alderman Torgerson to approve with stipulation regarding curb cuts. Seconded by Alderman Mlinar, carried unanimously. (s) CONSIDERATION OF ALLOWING USE OF FEDERAL AID URBAN FUNDS FOR TRUNK HIGHWAY 22 IMPROVEMENTS Notion was made by Alderman Torgerson to approve, waive reading and adopt Resolution No. 8817. Notion was seconded by Alderman Carls and carried unanimously. (t) CONSIDERATION OF BIDS FOR LETTING NO. 16, PROJECT NO. 88-32 Motion was made.by Alderman Nlinar to approve, waive reading and adopt Resolutions No. 8818 and 8819 and set public hearing for July 26, 1988 at 8:00 p.m. Motion was seconded by Alderman Torgerson and carried unanimously. (u) CONSIDERATION OF BIDS FOR LETTING NO. 15, PROJECT 88-31 Motion was made by Alderman Carls to approve, waive reading and adopt Resolutions No. 8820 and 8821 and set public hearing for July 26, 1988, at 8:00 p.m. Motion was seconded by Alderman Torgerson and carried unanimously. (v) CONSIDERATION OF FREEMONT AVENUE HYDRANT INSTALLATION Motion was made by Alderman Mlinar to approve, waive reading and adopt Resolutions No. 8822 and 8823. Seconded by Alderman Torgerson, carried unanimously. (w) CONSIDERATION OF LETTING 10. 11 - PROJECT 88-26 Motion was made by Alderman Torgerson to approve, waive reading and adopt Resolution No. 8824 setting bid opening for July 26 at 2 p.m. Motion was seconded by Alderman Carls, carried unanimously. 7 CITY COUNCIL MINUTES - JUNE 28, 1988 (x) CONSIDERATION OF SUBDIVISION AGREEMENT FOR BRECHT SUBDIVISION Motion was made to approve by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously. (y) CONSIDERATION OF SUBDIVISION AGREEMENT FOR OAK HILLS PLAT (2 MILE RADIUS) The item was deferred until such time as the name of the plat is changed, on a motion by Alderman Mikulecky, seconded by Alderman Carls, carried unanimously. (z) CONDSIDERATION OF RENEWAL OF ALARM NOTIFICATION CONTRACT Contract was renewed on a motion by Alderman Mikulecky, seconded by Alderman Carls, carried unanimously. (aa) CONSIDERATION OF AUTHORIZING STAFF TO ADVERTISE FOR HEALTH INSURANCE BIDS After discussion, motion was made by Alderman Carls to authorize staff to advertise for health insurance bids and to extend the present coverage for one month. Motion was seconded by Alderman Mlinar and carried unanimously. (bb) CONSIDERATION OF OWNERSHIP TRANSFER OF COMMUNITY MARQUEE (PRESENTATION BY CHAMBER MARQUEE TASK FORCE) After presentation of recommended agreement by Chamber Task Force, motion was made by Alderman Torgerson to accept ownership transfer as stated in the agreement. Motion was seconded by Alderman Mlinar and carried unanimously. (cc) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Motion was made by Alderman Carls to discontinue service unless other arrangements have been made. Motion seconded by Alderman Mikulecky and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM THE CITY ADMINISTRATOR City Administrator Plotz reported that the new wastewater treatment facility is fully operational this week, as scheduled. Sludge drying will begin later. Remodeling is complete on the motor vehicle office and the move into it will be made this week. CITY COUNCIL MINUTES - JUNE 28, 1988 Information on the conduct of public hearings is in the council packet. City Administrator and Mayor will work on a recommendation to the council for providing this information to citizens at hearings. The annual audit is complete and the auditor could appear at July 26 council meeting to review the report. LOGIS will be invited to present options and alternatives for computer use at a July council meeting. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported a complaint he has received concerning debris in a yard at 456 Prospect Street. There has been a modification in the purchase arrangements of the hospital for the Dassel clinic. Originally, the price was $60,000 with a $20,000 promissory note. The hospital now wishes to change this to $70,000 with a $10,000 promissory note. Council is requested to approve this modification. Council approved the request on a motion by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar requested that additional follow-up be done on removal of Junk cars from a yard at 226 Erie Street. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that Gopher Campfire has requested the city to spray for mosquitoes. Request was approved on a motion by Alderman Torgerson, seconded by Alderman Mlinar, and carried unanimously. Gopher Campfire would make use of a large old steam engine which the city owns but does not use. Motion was made by Alderman Torgerson to sell the steam engine to Gopher Campfire for $1 with the understanding they would give the city first right to purchase it if they were ever to sell it. Motion was seconded by Alderman Mikulecky and carried unanimously. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky requested staff to make sure it is clearly understood that no trees are to be cut during decorative street lighting installation. L" CITY COUNCIL MINUTES - JUNE 28, 1988 (f) COMMUNICATIONS FROM ATTORNEY BARRY ANDERSON Attorney Anderson commented on park ordinance which was distributed for review. City Engineer and Building Official may have comments. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Director of Engineering Anderson reported the State Dept. of Transportation has informed him the first chance for a permanent installation of a signal at Highway 7 East and Bluff Street will be 1990. McLeod County wants the signal installed this year. Cost would be about $20,000. After discussion, motion was made by Alderman Torgerson to authorize $10,000 from City funds to pay 1/2 the cost of a signal and to request the County pay the other half. Motion was seconded by Alderman Mlinar and carried unanimously. Director Anderson reported the airport commission is requesting another hangar to be built this year. A State loan would pay 2/3 of the cost and the city's portion would be 1/3, or about $20,000. City's cost would be for the apron. Airport commission feels hangar rentals would produce the revenue for repayment of costs. An inter - fund loan from water/sewer fund could be the source of local funding. Notion was made by Alderman Carls to authorize payment of hangar apron from an interfund loan, with the rental income from the hangar to repay this amount and the state loan. Notion was seconded by Alderman Torgerson and carried unanimously. The airport commission is directed to present a written proposal to the City outlining terms of repayment. Director Anderson further reported he has received communication from the school district that the tennis courts are in need of repair, with the school district requesting the city participate in the repair. Mayor Ackland appointed a committee consisting of John Mlinar, Bruce Ericson and Gary Plotz to work on the question. Appointment was ratified on a motion by Alderman Carls, seconded by Alderman Mikulecky and carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a). VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls to approve and authorize payment from the appropriate funds. Notion carried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 p.m. 10