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02-25-1992 CCMY MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 25, 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 Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson (arrived at 9:30 P.M.) 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of February 13, 1992 and special meeting of February 18, 1992 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1992 2. PLANNING COMMISSION MINUTES OF JANUARY 21, 1992 3. SENIOR ADVISORY BOARD MINUTES OF JANUARY 9, 1992 4. REPORT OF CITY INVESTMENTS (b) RENEWAL OF CLUB LIQUOR LICENSE FOR AMERICAN LEGION The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to order re- port and minutes filed and to issue license. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 3, PROJECT NO. 92-05 & NO. 92-06 Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of hearing. Engineer Rodeberg explained the project and the improve- ments to be constructed. He reported the proposed air- port road was to be constructed this year and County Road 89 upgraded. The Engineer stated the City planned to Ar CITY COUNCIL MINUTES - FEBRUARY 25, 1992 completely replace the watermain and sanitary sewer that runs out to the properties. The curb would be removed and replaced all along the line. It is over 40 years old and showing wear. There are problems in making the grades with the curb on the side and in matching and run- ning the service under the concrete. Therefore, the street will be completely replaced. The City Engineer reviewed the estimated assessment costs and stated the residential street improvement costs would be approxi- mately $34 and $40 per front foot. The water and sewer services would be replaced at approximately $500-700 each. Some of the highway costs would be paid by MN/DOT. An assessment hearing would be held after the bids were received. Brian Roegge, Branch Manager of Minne-Mine Credit Union, 560 Adams Street S.E., inquired about the starting date and if the project would be completed at one time. Engineer Rodeberg responded work would begin by July 1 and be done in one project. Most of the blacktop would be layed this year, with the final wear -course probably being placed in 1993. The City would allow access to properties during construction, but Minne-Mine would be the hardest area for access. Russell Meade, 226 Adams Street S.E., stated he owned a 66 foot lot. The City Engineer reported this was an expensive highway to build, and the City picks up some of the costs. The final wear course cannot be put on after early fall so it may be done in 1993. The City hoped to have the road open to traffic by mid-October 15. Otto Rettig, 516 Adams Street S.E., reported he had walked down both sides of Adams and found the surface worn but sound with no crumbling. The patches had stayed in place. 'Some blocks of concrete were replaced on Fifth and Adams. He questioned where the debris from the proj- ect would be hauled. Mr. Rettig stated he had lived in his house 37 years and only had problems in the house. He had called 25 people to encourage them to attend the meeting. Only three of these individuals mentioned sewer problems, and one person thought she had tree roots in the line to the street. Wichmans had a flooded basement, but it was televised by the City so they know where the problem is. Many of the people contacted said they could not afford the assessment. Mr. Rettig stated he would 2 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 still pay for the project as a taxpayer regardless of whether it was a City or State project. Mayor Ackland commented that MN/DOT funding came from a gas tax. If the money was not spent in Hutchinson, it would be given to another community. He mentioned deferred assessments were available for anyone over 65 years of age. Ralph Wichman, 537 Adams Street S.E., mentioned he had a four inch water main. He stated there were seven busi- nesses located on Adams besides the fair grounds, and the school buses used the roadway. The county fair will be held in August. Jefferson Street will be designated the detour route, but he was not sure it could handle the traffic. There would be no problem to fix one sewer problem. Mr. Wichman asked people in the audience how many had experienced problems. Gwen Wichman asked what the other past assessment covered. The City Engineer reported it was for a storm sewer. He disagreed with the statement on the street's condition and commented it was in very poor condition. The City would recycle bituminous and crush it to be reused for gravel. Engineer Rodeberg stated MN/DOT would cover the cost of surface on Jefferson Street. The City ran a camera down the sanitary sewer line, and it showed the failures in the line. There also is potential of lead in the water line. Russell Meade complimented the City Engineer on his pre- sentation, but stated the retired people on his block could not afford the project. He had not seen anyone do work on the shoulders or water work. Mr. Meade suggested the City consider delaying the project until a better time. Mayor Ackland read a letter received from Edith Hopkins, owner of 425 Adams Street S.E., who was in favor of the project. Ralph Clasen, 115 Adams Street S.E., inquired why the City wanted to narrow the street width. He stated he had paid twice for storm sewers since he purchased the prop- erty. 3 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 Engineer Rodeberg reported MN/DOT would pay for most of the storm sewer replacement. The City would save the existing trees, and the standard width for a highway is 44 feet. Merrill Johnson, 315 Adams Street S.E., commented he heard the City Engineer say that MN/DOT would pay for certain costs. The City Engineer stated the storm sewer portion of the project not picked up by the State would be paid by the City. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to close the hearing at 8:43 P.M. After discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously car- ried, to approve and order preparation of plans and spe- cifications and to waive reading and adopt Resolution No. 9664. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY PARTNERS IN FRIENDSHIP FOR 1992 FUNDING IN AMOUNT OF $5,000 Representatives of Partners In Friendship presented in- formation on the mentor program for youth who are at risk or at need. They requested a $5,000 contribution from the City to expand the program. Following discussion, no action was taken. (b) DISCUSSION OF OBTAINING LEGAL COUNSEL FOR POLICE CIVIL SERVICE COMMISSION FOR GRIEVANCE HEARING Following discussion, the motion was made by Councilman Mlinar to table. Motion seconded by Councilman Erickson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9665 - RESOLUTION FOR PURCHASE The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive reading and adopt. 4 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 (b) RESOLUTION NO. 9668 - RESOLUTION SETTING ELECTION, LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE CITY PRESIDENTIAL PRIMARY ELECTION TO BE HELD APRIL 7, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) HUTCH, INC. - COUNTRY CLUB TERRACE MOBILE HOME PARK The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to table to March 10, 1992. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to discontinue service on March 2, 1992 at noon unless other arrange- ments were made. (b) CONSIDERATION OF ESTABLISHING LOCAL BOARD OF REVIEW FOR MAY 14, 1992 AT 4:30 P.M. The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve. (c) CONSIDERATION OF PROPOSAL FROM INSPEC, INC. FOR TENNIS COURT REHABILITATION WITH HUTCHINSON PUBLIC SCHOOLS Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to table to March 10, 1992. (d) CONSIDERATION OF ASSESSMENT REDUCTION REQUEST FOR MODERN MAZDA PROPERTY Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimous- ly carried, to accept staff recommendation to leave the deferred special assessment at $2,324.00 and to drop the accrued interest rate. 5 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 (e) CONSIDERATION OF AWARDING CONSULTANT CONTRACT FOR SURFACE WATER MANAGEMENT PLAN Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve and enter into contract with Barr Engineering Company as recommended by staff, for cost not to exceed $23,000.00 without Council authorization and an additional $9,000.00 to cover additional work related to existing problem areas and study areas. (f) CONSIDERATION OF AWARDING CONSULTANT CONTRACT FOR LETTING NO. 3, ADAMS STREET (T.H. 22) Engineer Rodeberg reported on the proposals received and recommended entering into contract with SEH/Pauly Olsen on a time and materials basis at a cost not to exceed $73,520.00 without prior written approval of the Council. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve staff recommendation and enter into contract with SEH/Pauly Olsen. (g) CONSIDERATION OF SETTING PUBLIC HEARING FOR INTOXICATING LIQUOR LICENSE APPLICATION AT HUTCH PIZZA INC./J'S SPORTS BAR, STEVE PICHA OWNER Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously car- ried, to set a public hearing for March 10, 1992 at 8:00 P.M. (h) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CLASSROOM ADDITIONS AT HUTCHINSON MIDDLE SCHOOL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve and issue conditional use permit and to waive reading and adopt Resolution No. 9669. (i) CONSIDERATION OF ANNEXATION PROCEEDINGS FOR PROPERTY OWNED BY MCLEOD COUNTY AGRICULTURAL ASSOCIATION ON HWY. 22 SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously 21 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 carried, to approve and refer to the Minnesota Municipal Board. (j) CONSIDERATION OF REQUEST FOR LOT SPLIT BY BUD MAYNARD ON HWY. 15 NORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Erickson and unanimously carried, to approve with contingencies. (k) CONSIDERATION OF REVIEW DRAFT SHORELAND ORDINANCE AND ADOPT RESOLUTION FOR SHORELAND GRANT APPLICATION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimous- ly carried, to approve and to waive reading and adopt Resolution No. 9666. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported the Knights of Columbus had requested permission to place a portable sign on Hwy. 7 East and Hwy. 22 South on City right-of-way to advertise their organization's upcoming fish fry. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve two portable signs. Mr. Plotz stated representatives from Winkelman met with City staff this afternoon and presented a price on prop- erty for the proposed liquor store. It was suggested that the remaining directors present their annual reports prior to the March 10 Council meet- ing, starting at 5:00 P.M. (b) COMMUNICATIONS FROM FARMERS ELEVATOR REPRESENTATIVES Bruce Anderson, representing Farmers Elevator, discussed some of the problems and additional costs encountered be- cause of the City's strict building codes. He stated the June 1, 1992 deadline was no longer feasible. Building Official Jim Marka stated he had contacted OSHA and the grain elevator's insurance company. The latter 7 CITY COUNCIL MINUTES - FEBRUARY 25, 1992 would not give any reductions for dusting. The City was going by the code, including dust control and sprinkling requirements, but it did not want to increase the costs. Following discussion, it was the consensus of the Farmers Elevator group to hire a licensed independent engineer to do an analysis of the mill and make a recommendation. (c) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson commented on a letter received from the State Patrol regarding the Governor's visit in Hutch- inson on February 11, 1992. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented that MN/DOT wondered if the City wanted to put down tape on the Main Street cross- walks while they were working on the intersection. The City cost would be $11,500.00. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:52 P.M. 8