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10-22-1974 CCMREGULAR COUNCIL MEETING OCTOBER 22, 1974 Mayor Black called the meeting to order at the hour of 7:30 P.M. Reverend Norval Curry delivered the invocation. Members present were: Aldermen Westlund, Lueneburg, Haag and Ackland in addition to Mayor Black. Members absent were: None Also present were: Administrative Assistant Mealey, City Attorney Schantzen and City Engineer Priebe. On motion by Alderman Westlund, seconded by Alderman Ackland, the minutes of the regular meeting of October 8, 1974 were approved upon correction. On motion by Alderman Ackland, seconded by Alderman Westlund, the current bills were approved. (LIST) Delinquent Water Account No. 180-01, Don Dressel, 814 Merrill Street, was reviewed. It was noted there was no one present to be heard or to show cause why services should not be dis- continued. After discussion, Alderman Westlund moved services be discontinued immediately. Alderman Haag seconded the motion and it carried. In regards to the 1974 Improvement Projects, City Engineer Priebe reported that curb and gutter construction is completed; bituminous surfacing construction is near completion; one section of watermain is left to be installed. In conjunction with the Notice of Claim received from Mr. H.R. Johnson, City Engineer Priebe reported that said tree had been removed and that the curb had been repaired. City Engineer Priebe submitted recommendations for the 1975 Improvement Projects and an estimated cost of said recommendations. The Engineer's recommendations were reviewed and discussed after which Alderman Westlund introduced Resolution No. 5435 (ORDERING PREPARATION OF REPORT ON 1975 IMPROVEMENTS) and moved its adoption. Alderman Lueneburg seconded the motion and upon vote being taken, all members voted "aye", whereupon said resolution was declared adopted. (TEXT) Alderman Westlund then introduced Resolution No. 5436 (RECEIVING REPORT AND CALLING FOR HEARING ON 1975 IMPROVEMENTS) and moved its adoption. Alderman Lueneburg seconded the motion, and upon vote being taken, all members voted "aye", whereupon said resolution was declared adopted. (TEXT) Alderman Westlund then introduced Ordinance No. 12/74 (REPEALING ALL INCONSISTANT ORDINANCES) and moved its adoption. Alderman Lueneburg seconded the motion and upon vote being taken, all members voted "aye", whereupon said ordinance was declared adopted upon its second and final reading. (TEXT) REGULAR COUNCIL MEETING General Fund Harold Synstelien Hazel Sitz Ruth Sturges Virgene Wendorff Iolonda Brinkman Dorothy Hassman Gale Boelter Ed Westphal Norman Wright Diane Nelson Bill Karl Mark Larson D. J. Black Thomas E. Mealt:y Keefe,Schantzen & Bradford H. Horace Burry Pitney Bowes Chapin Publishing Northwestern Bell Minnesota Valley Testing Lab. McLeod County Auditor U.S. Leasing Joe Getz Randy Devries LMM-FLSA Trust Fund Water and Sewer Fund Sinking Fund #12 Off Street Par1ring October 22, 1974 Electrical inspections $102.00 City clerk office labor 120.00 Motor vehicle labor 35.00 Motor vehicle labor 81.00 Dispatch 200.00 Dispatch 88.00 Street department 85.00 Park department 87.50 Park department 176.00 Recreation office labor 80.00 Engineer department labor 262.50 Engineer department labor 101.67 Mileage 21.00 Mileage 21.30 Proffessional fees 1720.00 Codification Bound Copies 200.00 Postage meter rental 30.00 Publication costs 51.46 Teletype service 212.25 Testing 147.80 Prisoners board 3rd Quarter 238.00 Machine rental 22.27 % safety shoes 5.00 Labor (building construction) 40.00 Contribution 50.00 4177.75 Transfer of funds 8220.20 Harvey Daharsh Servicing meters 146.25 2- October 22, 1974 Municipal ',iquor Store Quades Ink Supplies 33.36 Ed Phillips And sons Liquor 5173.72 Twin City Wine Co. Wine 278.91: Midwest Wine Company Wine 384.81 Johnson Bros. Company Liquor 1389.70 Griggs Cooper & Company Liquor 5004.60 Famous Brands Inc. Liquor 127736 Junker Sanitation Garbage pickup 23.00 United Building Centers Supplies 25.94 New Ulm Grocery Company Supplies 17.00 Twin City Home Juice Juice 14.36 Ed Phillips and sons Liquor 2475.o -i Old Peoria Co., Inc. Liquor 407.40 McKesson Liquor Company Liquor 633.51 Griggs, Couper and Co. Liquor 2223.30 Distillers Distibutor-Co. Liquor 1488.49 20850.50 REGULAR COUNCIL MEETING -2- OCTOBER 22, 1974 Alderman Ackland then introduced Ordinance No. 13/74 (ADOPTING 1974 CODIFICATION OF ORDINANCES) and moved its adoption. Alderman Westlund seconded the motion and upon vote being taken, all members voted "aye", whereupon said ordinance was declared adopted upon its second and final reading. (TEXT) A letter was received from Hutchinson Utilities Commission recommending that a utility rate adjustment of a .00006 increase in electrical rates and of a 6� per thousand cubic feet total increase in natural gas rates. After disucssion, Alderman Westlund moved to approve said recommendation from Hutchinson Utilities Commission. Alderman Haag seconded the motion and it carried. Acknowledged was a Notice of Claim, filed against the County of McLeod, City of Glencoe, City of Hutchinson and City of Biscay, by Mrs. Janice Kruse, for negligence in handling the arrest of Mr. Walter Kruse in October of 1973. Alderman Ackland then introduced Resolution No. 5380 (COMMENDING JOHN MILLER FAMILY) and moved its adoption. Alderman Haag seconded the motion and upon vote being taken, all members voted "aye", whereupon said resolution was declared adopted. (TEXT) A letter was received from Dr. Kenneth Peterson requesting that parking meters be installed on South first one-half block of Washington Avenue West north to Franklin Street South. After discussion, Alderman Haag moved to table further discussion until additional information could be obtained. Mayor Black at 8:02 P.M. called to order Public Hearing on Proposed Subdivision and Zoning Ordinance, as duly advertised with the reading of Publication No. 1630. Mayor Black and Planning Commission Chairman Cone then gave a background of the two (2) proposed ordinances. Mayor Black then inquired if there was anyone present who had any questions regarding the proposed subdivision and zoning ordinances. Building Official Elden Willard,,24 Tenth Avenue, N.E. was present to inquire if there should be a specific number of feet designated for rear yard and side yard setbacks for detached accessory buildings and also, if there should be provisions made for the erection of fences. There being no one else present to be heard, Alderman Westlund moved at 8:30 P.M., the hearing on the Proposed Subdivision and Zoning Ordinance be closed. Alderman Ackland seconded the motion and it carried. REGULAR COUNCIL MEETING -3- OCTOBER 22, 1974 Alderman Westlund introduced Ordinance No. 14/74 (REPEALING SECTION 330:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCH- INSON ENTITLED SUBDIVISION REGULATIONS) and moved its adoption. Alderman Lueneburg seconded the motion and upon vote being taken all members voted "aye", whereupon said ordinance was declared adopted on its first reading. Alderman Westlund then introduced Ordinance No. 15/74 (REPEALING ORDINANCE NO. 245 ENTITLED AN ORDINANCE ADOPTING ZONING MAP AND ZONING REGULATIONS LOCATED IN APPENDIX I OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON) and moved its adoption. Alder- mand Lueneburg seconded the motion and upon vote being taken, all members voted "aye", whereupon said ordinance was declared adopted on its first reading. Mayor Black recessed the meeting at 8:30 P.M. for five (5) minutes. At 8:40 P.M., Mayor Black reconvened the meeting. Mayor Black read the following letter from Mr. G. Jack Kiland as follows: (TEXT) After discussion, Mayor Black entertained a motion that Mr. G. Jack Kiland's resignation be accepted with regret. Alderman Lueneburg so moved. Alderman Westlund seconded the motion and it carried. After further discussion, Alderman Lueneburg introduced Resolution No. 5434 (COMMENDING G. J. KILAND) and moved its adoption. Alderman Haag seconded the motion and upon vote being taken, all member voted "aye", whereupon said resolution was declared adopted. (TEXT) Mayor Black then appointed Reverend Thor Skeie to the Planning Commission to fill the unexpired term of G. Jack Kiland. After discussion, Alderman Haag moved the appointment be ratified by the Council. Alderman Lueneburg seconded the motion and it carried. Acknowledged was a letter from the Minnesota Pollution Control Agency concerning the proposed sludge disposal facilities. City Engineer Priebe informed that he would be contacting Mr. Edwin Karg, owner of said site and negotiating an agreement with him for said site. A letter was received from Mr. James Reid, requesting permission to move the lot line of Lot 6, Black 3, Sioux 2nd Addition nine (9) feet south of present line. It was noted this would, require the City to vacate its easement and establish a new one amounting to substantial cost. After discussion, Mayor Black entertained a motion to grant permission contingent upon intent given by REGULAR COUNCIL MEETING -4- OCTOBER 22, 1974 petitioneer to cover all expenses in Alderman Westlund so moved. Alderman motion and it carried. changing said easement. Lueneburg seconded the Received was a letter from the League of Minnesota Municipalities concerning the Federal Fair Labors Standard Act Litigation. Alderman Westlund moved the subject be removed from the table. Alderman Lueneburg seconded the motion and it carried. After discussion, Alderman Westlund moved a $50 contribution be made to said litigation. Alderman Lueneburg seconded the motion and it carried. After reviewing all proposals for snow removal, City Engineer Priebe recommended that the City accept the proposal of Erickson- Templin Co. of Hutchinson to rent a motor grader in the amount of $24 per hour. After discussion, Alderman Westlund moved to accept said proposal. Alderman Ackland seconded the motion and it carried. As requested by the Council, Mr. Richard Greenley of Rieke Carroll Muller Associates presented two (2) alternate designs for the proposed West River Bridge. Bridge Design A-1 is a 460 ft. bridge consisting of two (2) spans at 100 ft. and two (2) at 130 ft. with three (3) piers. Said bridge would be constructed with steel girders at a total approximate cost of $889,250. Bridge Design D-1 is 400 ft. bridge consisting of five (5) 80 ft. spans and four (4) piers. Said bridge would be construced of pre- stressed girders at a total approximate cost of $728,350. Mayor Black then thanked Mr. Greenley for presenting said designs for their consideration. Mr. Jon Geiss, Chairman of "Citizens for a Better Hutchinson" appeared to ask the City to withdraw its countersuit. He con- tended that the City is bluffing and really has no case and, in fact, has no basis for making the claims cited in the answer and suit. He stated that members of the "Citizens for a Better Hutchinson" have been withdrawing from the organization for fear that they would be publicly known as members. Mr. Geiss then asked whether the Mayor and Council were aware of and had formally authorized the City Attorney to enter the Counterclaim? Mayor Black indicated that the City Attorney was acting according to the charge given him by the Mayor and Council and asked the Council whether or not any of them had disagreement with the action and whether or not any of the members cared, to move for withdrawal of the action? No member indicated desire to with- draw the action. There was further discussion about the opposing actions at law and Mr. Geiss indicated that he would consult with the Attorneys for his group about the possiblit�,of discon- tinuing their action against the City. REGULAR COUNCIL MEETING -5- OCTOBER 22, 1974 After further discussion on the proposed designs for the West River Bridge, it was the concensus of the Council that a decision as to which bridge design is desired be made by the next regplar Council Meeting. Alderman Westlund then moved that a Pilblic Hearing on the Proposed West River Bridge be held on Tuesday, November 19, 1974 at 8:00 P.M. at the Hutch- inson High school Auditorium. Alderman Haag seconded the motion and it, carried. Mr. Erwin Schramm submitted a Preliminary Plat of a parcel of land to be known as Schramm's First Addition. After discussion, Alderman Luenebur'g moved the Preliminary Plat be referred to the Planning Commission at their regular meeting of November 20, 1974 for Public Hearing at their convenience. Alderman Westlund seconded the motion and it carried. Acknowledged was a Comparative Income Statement from the Municipal Liquor Store. An Application for Permit to Hold Public Dance was received from Hutchinson Elks Lodge No. 2427, by Duane Buske, to be held November 9, 1974 at the Hutchinson Armory. After discussion, Alderman Westlund moved said appliation be approved and permit be granted. Alderman Lueneburg seconded the motion and it carried. Alderman Haag inquired as to the progress on the repair of the damage done to the Park Shelter Building by Madson Stell Building. Administrative Assistant Mealey informed he had written to them but to date had received no reply. Mayor Black reminded of the City Council -Department Head meeting on Thursday, October 24, 1974 at 8:00 A.M. in the City Council Chambers. Administrative Assistant Mealey asked the council to consider establishing a fee for anyone who wishes to' -purchase a copy of the 1974 Codification of Ordinances. There being no further business to come before',the Council, the meeting was declared adjourned at 10:00 P.M. on motion by Alderman Westlund, seconded by Alderman Haag and carried.