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02-25-1976 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, FEBRUARY 25, 1976 1. CALL TO ORDER Mayor Black called the meeting to order at 8:06 P.M. Members present: Aldermen Westlund, Lueneburg, Haag, and Peterson. Members absent: None. Also present: Administrative Assistant Fleetham, City Attorney Schantzen, and City Engineer Priebe. 2. INVOCATION Due to the absense of Reverend Howard Jones the Invocation was dispensed with. 3. MINUTES The minutes of the regular meeting of February 10, 1976 and the special meeting of February 19, 1976 were reviewed. Mayor Biack then entertained a motion that the minutes be approved. Motion carried unanimously. 4. PUBLIC HEARING (a) 8:00 P.M. - CONSIDERATION OF 1976 IMPROVEMENT PROJECTS At 8:06 P.M. Mayor Black declared the hearing open on the 1976 Improvement Projects as duly advertised with the reading of Publication No. 1751. Mayor Black gave an explanation of the Street Improvement System and also, what a M.S.A. Street is and the method of payment for said streets. He also explained the assessment payment procedure and the deffered assessment program for the Elderly. The following were present to be heard regarding the proposed improvements: Project No. 76-02 - Curb, Gutter, Bituminous Surfacing, and Appurtenances Mayor Black gave an explanation of M.S.A. Streets and the construction of this type of street. Richard Carlson 574 Jefferson Vernon Larson 592 Jefferson St. - Inquired what amount of surfacing on Jefferson Street would be paid for by the residents. Inquired if there was a hearing on the 1975 Improvement Projects. - Inquired what the front footage costs are for the 1975 Sanitary and Storm Sewer Projects. r3- Council minutes, February 25, 1976 Project 76-03 - Curb and Gutter, Bituminous Surfacing, and Appurtenances Norman Pendergast 133 - 2nd Avenue S.E. - Inquired what the cost difference is between a 9 and a 5 ton road. Inquired if it is necessary to put a 9 ton road in a residental area. Inquired if there is a business establishment in this residental area, do they pay for a 9 ton street. Inquired if the existing curb and gutter is in the right location would it have to be removed. Ed Hoffman - Inquired what type of road would 430 Glen N. be constructed and the approximate construction costs. He further requested that the curb and gutter be constructed at the sidewalk to allow for diagonal parking. Project 76-04 - Curb, Gutter, Bituminous Surfacing, and Appurtenances Mayor Black acknowledged a letter from Northland Beverage in favor of the project. Project 76-05 - Curb, Gutter, Bituminous Surfacing and Appurtenances Wes Wagner - Stated that he was not against 744 Dale the project but needed some time between projects since this is the third consecutive year for projects. Project 76-06 - Curb, Gutter, Bituminous Surfacing and Appurtenances Ed Hoffman - Inquired as to the exact location 430 Glen N. of the project. James Haasl - Inquired when the connecting roads 535 Lakewood Drive would be completed. Inquired what the construction cost would be. Stated they already have assessments for water and sewer and now would be assessed for this improvement. -2- Council minutes, February 25, 1976 Project 76-07, 76-08 and 76-09 - Curb, Gutter, Bituminous Surfacing and Appurtenances Don Lickfelt 315 Griffin - Questioned the assessment procedure on a corner lot and the construction cost per front foot. Richard Larson - Stated he favored the project. Route 3 Stated that he was lead to believe that all lots will be considered equally and not assessed on a front footage basis. Project 76-10 - Curb, Gutter, Bituminous Surfacing and Appurtenances Carl Fratzke - Questioned how much of the street 1148 S. Jefferson would be redone and the approximate cost. Mrs. Laurence Mattsfield - Inquired what the construction costs 146 - 5th Avenue S.E. are for curb and gutter and bituminous surfacing. Richard Larson - Requested a cost comparison between Route 3 the 1974 and the proposed 1976 projects. Mrs. Laurence Mattsfield - Inquired if the residents would have 146 - 5th Avenue S.E. to pay for the appurtenances on a County Road. Richard Larson - Inquired that when the projects are Route 3 bid, does the City get a firm quote from the contractor. Mr. Ed Hoffman - Inquired what the construction cost 430 Glen Street No. would be for Project 76-03. Project 76-11 - Bituminous Surfacing and Appurtenances Mrs. Otto Stewart - Inquired why in new developments, 425 Rose Lane the assessments are made according to lots rather than on a front foot basis. Inquired if there is anything that could be done to revoke a Subdivision Agreement. Inquired why other property owners will have to pay the assessment for a property owner with a corner lot. -3- Council minutes, February 25, 1976 Mr. Lyle Burge 440 Rose Lane - Stated there is no need for the street at this time. Project 76-12 - Bituminous Surfacing and Appurtenances No one present to be heard. Project 76-13 - Bituminous Surfacing and Appurtenances Leslie Elder 834 Church Street Mr. Richard Larson Route 3 Mr. John Dickenson - Stated he favored the project and inquired when street lights would be installed in that area. Inquired how the Council decides which projects to continue and which to drop. - Requested that trees be planted in the Sunset Street and Craig Avenue area. - Requested that the project be completed. Project 76-14 - Bituminous Surfacing and Appurtenances No one present to be heard. Project 76-15 - Bituminous Surfacing and Appurtenances No one present to be beard. Project 76-16 - Bituminous Surfacing and Appurtenances No one present to be heard. Project 76-17 - Curb, Gutter and Appurtenances No one present to be heard. Project 76-18 - Curb, Gutter and Appurtenances Alvin Exted - Opposed the project. Stated he felt Route 1 the street is in fine condition now. Silver Lake, MN Project 76-19 - Watermain and Appurtenances No one present to be heard. Project 76-20 - Watermain and Appurtenances Richard Larson Route 3 IE49 - Favored the project. Council minutes, February 25, 1976 Project 76-21 - Sanitary Sewer and Appurtenances Don Peterson Jefferson St. S. Tim Krasen 555 Lyndale John Miller Shady Ridge - Favored the project. - Favored the project. - Favored the project. Project 76-22 - Sanitary Sewer, Watermain and Appurtenances Richard Larson Route 3 - Favored the project. Project 76-23 - Sanitary Sewer, Watermain and Appurtenances It was noted said project was requested by the property owner. Project 76-24 - Sidewalk No one was present to be heard. Project 76-25 - Sidewalk No one was present to be heard. Richard Larson - Inquired if any of the projects requested, could be deleted. Mayor Black declared a five minute recess at 9:25 P.M. At 9:32 P.M. Mayor Black reconvened the meeting. There being no one else present wishing to be heard regarding the proposed 1976 Improvement Projects, Mayor Black entertained a motion that the hearing be closed at 9:32 P.M. Alderman Westlund so moved, Alderman Lueneburg seconded the motion and it carried unanimously. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson to delete the following projects from the 1976 Improvement Projects: PPn-TROT NA STRRRT FROM TO 76-05 West side of Dale Street Linden Avenue 300 feet North 76-10 Jefferson Street on East side from South City Limits to existing Curb and on West side from Century Avenue to existing Curb by construction of curb, gutter, bituminous surfacing and appurtenances 76-11 Rose Lane -5- Fifth Avenue, N.E. South Terminus Council minutes, February 25, 1976 by construction of bituminous surfacing and appurtenances. It was then moved by Alderman Westlund seconded by Alderman Peterson, to waive reading and adopt Resolution Nos. 5642 through 5662, entitled, Ordering Improvement and Preparation of Plans. The following voted "aye": Alderman Westlund, Lueneburg, Haag and Peterson and Mayor Black. The following vote "nay" None. Motion carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 7/76 - REPEALING SECTION 530 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED ELECTRICAL PERMIT FEES It was moved by Alderman Haag, seconded by Alderman Lueneburg to waive second reading and adopt Ordinance No. 497, entitled, Repealing Section 530 of the 1974 Ordinance Code of the City of Hutchinson, entitled, Electrical Permit Fees. Motion carried unanimously. (b) ORDINANCE NO. 8/76 - REPEALING SECTION 305 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED ELECTRICAL CODE ADMINISTRATION. It was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive second reading and adopt Ordinance No. 498 entitled, Repealing Section 305 of the 1974 Ordinance Code of the City of Hutchinson, entitled Electrical Code Administration. Motion carried unanimously. (c) ORDINANCE NO. 4/76 - AMENDING ORDINANCE NO. 464, SECTION 6.05 RELATIVE TO VARIANCES It was moved by Alderman Lueneburg, seconded by Alderman Peterson, to waive first reading and set second reading for March 9, 1976 of Ordinance No. 4/76, entitled Amending Ordinance No. 464, Zoning Regulations of the City of Hutchinson, Section 6.05, Relative to Variances. Motion carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BURNS MANOR NURSING HOME BOARD OF DIRECTOR'S MEETING MINUTES DATED JANUARY 13, 1976 There being no discussion, the minutes were ordered by the Mayor received for filing. (b) MINUTES OF THE HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTOR'S MEETING DATED JANUARY 20, 1976 AND FEBRUARY 6, 1976 There being no discussion, the minutes were ordered by the Mayor received for filing. Council minutes, February 25, 1976 8. UNFINISHED BUSINESS (a) REQUEST FOR NON -INTOXICATING MALT LIQUOR LICENSE - CARL PETERSON (DEFERRED FROM FEBRUARY 10, 1976) It was noted said application was approved by Chief O'Borsky. It was then moved by Alderman Lueneburg, seconded by Alderman Haag that the application be approved and the permit be granted. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSED AMENDMENT TO ORDINANCE NO. 560 MODIFYING WATERWORKS AND SEWER DEPARTMENTS - RATES AND CHARGES After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg to set public hearing to consider the Proposed Amendment for March 23, 1976. Motion carried unanimously. (b) CONSIDERATION OF REQUEST TO VACATE A PORTION OF SUPERIOR STREET AND FAVORABLE RECOMMENDATION OF THE PLANNING COMMISSION After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg, to waive first reading and set second reading for March 9, 1976 of Ordinance No. 10/76, entitled, An Ordinance to Vacate a Portion of Superior Street. Motion carried unanimously. (c) CONSIDERATION OF RECOMMENDATION OF THE PLANNING COMMISSION THAT THE PARKS AND PLAYGROUNDS CONTRIBUTION SCHEDULE BE MODIFIED Alderman Lueneburg stated the reason on which they based their decision. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag to accept the recommendation of the Planning Commission and adopt the Contribution Schedule as presented. Motion carried unanimously. (d) APPOINTMENTS TO BOARDS AND COMMISSIONS (a) Burns Manor Nursing Home Board Mayor Black then reappointed Mr. Les Linder to the Board for a full five year term upon Council ratification. Adlerman Westlund moved to ratify said appointment. Alderman Lueneburg seconded the motion and it carried unanimously. Mayor Black informed that Mr. Myron Johnson's 8 year term expires on March 25, 1976. It was then moved by Alderman Westlund, seconded by Alderman Haag,to waive reading and adopt Resolution No. 5641, entitled Resolution of Appreciation - Myron Johnson. Motion carried unanimously. -7- Council minutes, February 25, 1976 Mayor Black then appointed Mr. Elred Miller to the Board to fill the unexpired term of Myron Johnson upon Council ratification. Alderman Westlund moved to ratify said appointment. Alderman Haag seconded the motion and it carried unanimously. (b) CATV Advisory Board Mayor Black informed the Chairman of the Board is surveying possible members and will submit a recommendation to the Council. (e) CONSIDERAITON OF ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE Discussion was held on the advantages of having this ordinance in effect for the City. After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund to waive first reading and set second reading for March 9, 1976 of Ordinance No. 9/76 entitled, Ordinance Amending Section 310 of the 1974 Ordinance Code of the City of Hutchinson, entitled Fire Prevention Code Adopted by Reference. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT 1. Stated that the City Long Range Water Plan call for an addition to the Water Treatment Plant in 1979. He further stated that there new Federal Funding Programs being drafted, but if the project is not ready to being construction within 90 days after federal funding is available, we will not be eligible for funding. He stated if the Council desired to go ahead, the first step would be to update the 1969 Water Study. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to proceed with the updating of the 1969 Water Study with expenditures not to exceed $2,000. Motion carried unanimously. 2. Alderman Westlund and Administrative Assistant Fleetham reviewed the present Liquor Store salaries and procedures. After discussion, Mayor Black entertained a motion to adopt the proposal as presented by Alderman Westlund. Alderman Westlund so moved. Alderman Lueneburg seconded the motion and it carried unanimously. 3. Reminded of the March 17th meeting on the Airport Master Plan. 4. Reviewed the Second Avenue Street Lighting. He stated that the trees along the Avenue would be trimmed and he had received a proposal from the Utilities Commission to convert the present light standards to pressurized sodium at a cost of approximately $200 per standard. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag, to authorize the expenditure to install pressurized sodium lights on Second Avenue. Motion carried unanimously. Council minutes, February 25, 1976 5. Informed he had discussed with the Utilities Commission personnel a possible street lighting plan for the South Grade Road Area. 6. Discussion was held on a letter received from Burlington Northern offering to sell the property of the Wye Track area adjacent to Riverside Park for $10,000. It was the concensus of the Council that $10,000 was too high of a price for said property and directed the Administrative Assistant to continue negotiations for a possible yearly lease on the property. 7. Reminded of the Fire and Construction Code Seminar to be held Thursday, February 26, 1976 at the Crow River Country Club. (b) COMMUNICATIONS FROM MAYOR BLACK 1. Reminded of the City Council - Department Head Meeting on Thursday, February 26, 1976 at 8:00 A.M. (c) COMMUNICATIONS FROM CITY ATTORNEY SCHANTZEN 1. Reviewed the status of the Bridge condemnation preceedings in regards to the South Bridge approach right-of-way. After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5663, entitled, Authorizing Purchase of Dobratz Property for Bridge Approaches. Motion carried unanimously. (d) COMMUNICATIONS FORM CITY ENGINEER PRIEBE 1. City Engineer Priebe reviewed the possible utilities extensions in the area of the Crow River Country Club and the Industrial Park. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion by Alderman Haag, seconded by Alderman Peterson, to approve the claims and authorize payment from their approporiate accounts. Motion carried unanimously. 12. ADJOURNMENT There bing no further discussion, the meeting was declared adjourned at 10:55 P.M. on motion by Alderman Lueneburg, seconded by Alderman Haag, and carried unanimously.