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06-09-1992 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 9, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen John Mlinar, Marlin Torgerson and Don Erickson. Absent: Coun- cilman Craig Lenz. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION No pastor was present for the invocation. 3. MINUTES The minutes of the regular meetings of April 28, 1992 and May 12, 1992 and special meeting of May 20, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1992 2. HOSPITAL/NURSING HOME BOARD MINUTES OF APRIL 21, 1992 3. PARKS & RECREATION BOARD MINUTES OF APRIL 29, 1992 4. PLANNING COMMISSION MINUTES OF APRIL 21, 1992 (b) APPLICATION FOR ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE BY HUTCHINSON HUSKIES AMATEUR BASEBALL ASSOCIATION FOR SUMMER MONTHS AT VETERANS MEMORIAL PARK (c) APPOINTMENT TO TREE BOARD: JAY BEYTIEN AND VIRGIL VOIGT (d) USE OF LIBRARY SQUARE ON AUGUST 23, 1992 BY BETHLEHEM UNITED METHODIST CHURCH The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order report and minutes filed, issue license, ratify appoint- ments, and approve use of park. 5. PUBLIC HEARING --8:00 P.M. (a) ASSESSMENT ROLL NO. 276, LETTING NO. 2, PROJECT NOS. 92-02 & 92-09 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4383. PROJECT NO. 92-02 Engineer Rodeberg explained the location and scope of the project. He stated driveways could be done by private contractors if the City was presented with a written let- ter. Mike Jaster, 46 Glen Street S., commented he received a letter in the mail regarding the driveway. He already had a driveway apron out to the tar which was replaced a couple of years ago. Mr. Jaster did not want to pay for something just put in. Some people did not have aprons, and he considered it foolish to take out something just put in a few years ago. The former owner paid for the previous sidewalk project done in 1986 or 1987. He re- ported the sidewalk was on the east side of the street but not on the west. He inquired if he would receive curb and gutter service although there was none. The City Engineer stated there was no curb and gutter so the City would not take out more than necessary. Mayor Ackland questioned whether the City put in aprons and suggested the previous owner may have installed the driveway apron. Administrator Plotz commented that when the City puts in a sidewalk, the contractor contacts the property owners to coordinate the work being done. Bruce Mortenson, 375 First Avenue N.W. , stated he had not received an assessment notice. Engineer Rodeberg informed Mr. Mortenson he was not being assessed since the project would not include his prop- erty. However, he could figure the cost up to the house and assess the cost if the property owner desired it. Jerry Kockelman, 234 First Avenue N.W., asked how the City would proceed with the project and, also, if the property owners would have access to their houses. He wondered what the project timeframe would be. Mr. Kock- elman asked what the City would do since the curb stop is in his front sidewalk and steps. Engineer Rodeberg explained the project would be done in stages so property access would be periodically changing. The project would begin soon and take about three months to complete. He reported the City would replace the steps removed because of the project. CITY COUNCIL MINUTES - JUNE 9, 1992 Dale Rannow, 135 Glen Street N.W., inquired about the sidewalk plans to his house located by the river. He also asked if there would be any alley work. The City Engineer reported there would be no alley work with this project. Glen Rix, 104 Main Street N., asked how much would be torn out at the apron and the assessment cost for the apron replacement. He also inquired if the sidewalk would be removed at the property owner's expense. The City Engineer responded the sidewalk was not included in the project, and the City would cover the cost. Eugene Doucette, 35 Glen Street N.W., commented the serv- ice used to come in from the back but now it was in the front. He requested the shut-off located in the backyard of his property be removed. Kristi Glesne, 36 Franklin Street N., asked if the curb- ing on First Avenue and Franklin Street would be removed. Engineer Rodeberg stated the curb would be removed. Since there was no grade, it was causing a problem. PROJECT NO. 92-09 Engineer Rodeberg explained the proposed project and stated there were options A and B. The grades will be almost identical to the present ones. June Wick, 535 Main Street S., commented she favored the paving and felt it would reduce the dust problem. She expressed concern about the curb. She intended to put in a curb at her own expense. Ms. Wick asked if the prop- erty owners across the street would be assessed for a sidewalk. The City Engineer remarked drainage was important and was a benefit of the project. He stated there would be no assessment for the sidewalk. Ed Rettman, 564 Hassan Street S., inquired if the mat could be flattened out instead of installing a storm sewer. He asked how far the mat would be from the prop- erty line. Mr. Rettman said the project would take care of his water problem, but there would be a problem down the hill. He wondered if it would be better to have two storm sewers rather than one. 3 CITY COUNCIL MINUTES - JUNE 9, 1992 Engineer Rodeberg stated there would be a standard type section on each side with a higher maintenance and in- creased cost. The City was trying to address the issue at the best cost. He reported the mat would be a couple of feet from each side of the street. The purpose of the project was to correct the drainage problem in the area. It would require a new storm sewer to obtain proper water runoff to the north, although it would not take care of every storm. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to close the hearing at 8:47 P.M. Councilman Torgerson moved to approve option 2 and to adopt Assessment Roll No. 276, to award contract to Duininck Bros., Inc. for $526,979.80, and to waive readings and adopt Resolutions No. 9737 and No. 9738. Motion seconded by Councilman Mlinar and unanimously carried. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR POLICE DEPARTMENT SECRETARY TO ATTEND OUT-OF-STATE SEMINAR Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve request. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9734 - RESOLUTION TO RENAME FISCHER HILL TO BOY SCOUT PARK The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (b) RESOLUTION NO. 9735 - RESOLUTION AUTHORIZING APPLICATION FOR SERVE AMERICA NATIONAL AND COMMUNITY SERVICE ACT FUNDS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. 4 CITY COUNCIL MINUTES - JUNE 9, 1992 (c) RESOLUTION NO. 9736 - RESOLUTION SPECIFYING AND APPROVING THE APPLICATION FORM FOR COLLECTING, HAULING, OR CONVEYING OF GARBAGE, OTHER REFUSE, MIXED MUNICIPAL SOLID WASTE OR RECYCLABLE MATERIALS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. S. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) ITEM WITHDRAWN (b) CONSIDERATION OF RESCHEDULING SPECIAL CITY COUNCIL MEETING ON JUNE 15, 1992, REGARDING DISPATCH SERVICE Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to set July 8, 1992, 7:00 P.M., for the special Council meeting to be held at the Hutchinson high school cafeteria. (c) CONSIDERATION OF PROPOSED HCDC AND HRA CHANGES IN ORGANIZATIONAL STRUCTURE AND EMPLOYMENT OF FULL-TIME DIRECTOR HCDC Executive Director John Bernhagen and board member Carol Haukos presented a proposed organizational struc- ture for HCDC. It was recommended a full-time Executive Director be hired who would also administer economic development authority areas. It was the consensus of the Council to have City staff prepare a proposal for the next Council meeting. (d) CONSIDERATION OF APPLICATION TO MINNESOTA POLLUTION CONTROL AGENCY TO ACCEPT LEACHATE FROM MCLEOD COUNTY LANDFILL Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve application. 5 CITY COUNCIL MINUTES - JUNE 9, 1992 (e) CONSIDERATION OF LEASE AGREEMENTS WITH SCHOOL DISTRICT Following discussion, the motion was made by Councilman Mlinar to approve the lease agreement for the Civic Arena and other recreational facilities. Motion seconded by Councilman Torgerson and unanimously carried. Director Dolf Moon was instructed to provide a report regarding the proposed building to be constructed in Tar- tan Park in lieu of the $600 per year rental payment by the school district. (f) CONSIDERATION OF DOWNTOWN LIFE SAFETY GRANT PROGRAM Connie Mangan, Small Cities Project Coordinator, pre- sented a status report on the structures in the program. She requested authorization to advertise for bids. Following discussion, Councilman Torgerson moved to approve preparation of plans and specifications and advertisement for bids. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF CITY REMOVING INTEREST CHARGES ON REPAYMENT OF LOAN FOR BURNS MANOR NURSING,HOME Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve the City not charge interest on the loan. (h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 4, PROJECT NO. 92-07 (FIRST AVENUE N.E.) Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve preparation of assessment roll No. 277 and hold hearing July 14, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9739 and No. 9740. (i) CONSIDERATION OF RECEIVING REPORT AND WAIVING HEARING AND APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 12, PROJECT NO. 92-18 (HUTCHINSON UTILITIES) Following discussion, the motion was made by Councilman Mlinar to approve and accept report, plans and specifica- 0 CITY COUNCIL MINUTES - JUNE 9, 1992 tions and advertise for bids on Letting No. 12, and to waive readings and adopt Resolutions No. 9741, No. 9742, and No. 9743. Motion seconded by Councilman Erickson and unanimously carried. (j) PETITION FOR IMPROVEMENT AT PLAZA HEIGHTS Frank Fay presented a petition for improvement from 100 percent of the property owners at Plaza Heights. They were requesting improvement for curb, gutter, and bitum- inous surface. Following discussion, the motion was made by Councilman Mlinar to waive a public hearing and to order preparation of plans and specifications and to authorize advertising for bids. Motion seconded by Councilman Torgerson and unanimously carried. (k) DISCUSSION OF EVACUATION PLAN AND STORM SHELTER FOR COUNTRY CLUB TERRACE MOBILE HOME PARK City Attorney Anderson reiterated that there were legal proceedings against Hutch, Inc. to revoke its license for failure to construct an appropriate storm shelter as re- quired by Minnesota state law. He reported the State Li- censing Department had requested the City collect rents from the tenants at Country Club Terrace and expend the funds collected for the purpose of constructing a storm shelter. The City would serve as a trustee in this mat- ter. It was his recommendation that the City be willing to serve in this capacity. Following discussion, the motion was made by Councilman Torgerson to approve and to waive reading and adopt Res- olution No. 9744. Motion seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Shopko grand open- ing was scheduled for July 18, 1992 at 9:00 A.M. Administrator Plotz requested approval of Addendum No.1 to the original refuse hauling Request for Proposal. The motion was made by Councilman Mlinar, seconded by Coun- cilman Erickson and unanimously carried, to approve Addendum No. 1. 7 CITY COUNCIL MINUTES - JUNE 9, 1992 (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the Aqua Foods opera- tion. He was told that northern fish growers cannot compete in this area. It was reported there was a request for no parking on the north side of Hilltop Drive between Paul's Road and Mark Drive. The motion was made by Councilman Mlinar, sec- onded by Councilman Torgerson and unanimously carried, to receive a recommendation from the City Engineer and the Police Chief. Councilman Mlinar commented on rocks from the corner retaining wall lying on the boulevard. Engineer Rodeberg stated Tom Carrigan would agree to removal of the wall if the City would resod his lawn. The City Engineer was directed to negotiate with Mr. Carrigan to work out an agreement. (c) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson expressed a complaint regarding overhead cable television wires. It was his understand- ing they were to be removed. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to take the cable television wires down and to remove the pole(s). Councilman Torgerson asked about the accident site on Hwy. 7 and commented repainting had not been done. (d) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson inquired about the downtown stop light and the marking on Main Street. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported on the costs of the downtown project. He commented Shopko had requested the telephone company to relocate the conduit, but it would be a big cost to comply. Shopko was trying to improve the aes- thetics along Main Street. The City Engineer was uncertain that the Adams Street project would be completed this year. The proposed proj- 8 CITY COUNCIL MINUTES - JUNE 9, 1992 ect was at the MN/DOT office for approval, but it may not be awarded until late August. Engineer Rodeberg stated the Utilities Manager had asked about the three street lights for Adams Street, First Avenue N.E., and Roberts Road. The Council confirmed they were to be decorative street lights at an estimated cost of approximately $34,000. (f) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson requested action on the four points in Junker's proposal for an extended contract. There were specific findings of why the Hutchinson refuse service should be out for a formal bidding process. Following discussion, Councilman Torgerson made a formal motion to reject Junker's proposal. Motion seconded by Councilman Mlinar and unanimously carried. The City Attorney will bring formal findings to the next meeting for Council approval. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 P.M. 9