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07-25-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 25, 1978 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Westlund, Gruenhagen and Huntwork in addition to Mayor black. Absent was Alderman Peterson. Also present were: Administrative Assis- tant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend John Longley of the First Congregational United Church of Christ. 3. MINUTES The minutes of the Regular Meeting dated July 11, 1978 were approved upon motion by Alderman Westlund, seconded by Alderman Huntwork, and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE ON SEPTEMBER 15-16, 1978 FOR ARTS AND CRAFTS FESTIVAL After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the request for use of Library Square on September 15-16, 1978 for an Arts and Crafts Festival. Motion unanimously carried. (b) CONSIDERATION OF REQUEST FOR DANCE PERMIT BY MARK SCOTT, SKY CORPORATION, ON SEPTEMBER 1, 1978 AT CIVIC ARENA After discussion, it was moved by Alderman Westlund to approve the request for a dance permit by Mark Scott for September 1, 1978 at the Civic Arena upon the recommendation of the Chief of Police. Seconded by Alderman Gruen- hagen, the motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE ON AUGUST 9, 1978 FOR COMMUNITY DANCE After discussion, it was moved by Alderman Huntwork to approve the use of Library Square on August 9, 1978 for a community dance. Seconded by Alder- man Westlund, the motion unanimously carried. Council Minutes July 25, 1978 (d) CONSIDERATION OF REQUEST BY ELDEN WILLARD TO ATTEND NORTH STAR CHAPTER MEETING ON AUGUST 18, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the request of Elden Willard to attend the North Star Chapter Meeting on August 18, 1978. Motion unanimously carried. (e) CONSIDERATION OF REQUEST FOR GARY PLOTZ AND KENNETH MERRILL TO ATTEND ELECTIONS TRAINING CONFERENCE JULY 27, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to approve the request for Gary Plotz and Kenneth Merrill to at- tend the Elections Training Conference on July 27, 1978. Motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6161 - RESOLUTION OF COMMENDATION After discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6161 entitled Resolu- tion of Commendation. Motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JUNE, 1978 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF BURNS MANOR MUNICIPAL NURSING HOME BOARD DATED JUNE, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED JULY 11, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PLANNING COMMISSION DATED JUNE 20, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. it(e) MINUTES OF TRANSPORTATION BOARD DATED JULY 12, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -2- Council Minutes July 25, 1978 (f) MINUTES OF PARK AND RECREATION BOARD DATED JULY 5, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) MINUTES OF HOSPITAL BOARD DATED APRIL 18, 1978, MAY 16, 1978, AND JUNE 20, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) DISCUSSION OF STONEY POINT ADDITION BY HUTCH PROPERTIES RE. SIDEWALK (DEFERRED JULY 11, 1978) Mayor Black commented on the discussion from the last meeting. The matter was referred back to the Safety Council for further study, and a meeting was held on July 24, 1978. It was the decision of the Safety Council to continue with the project as initially recommended with the sidewalk on Stoney Point Road, Roberts Road and between Alan Street and Stoney Point Road. It was, therefore, the recommendation of the Chair that the City Council adopt an ordinance to place the sidewalk on the East side of Stoney Point Road and on the North side of Roberts Road, between Alan Street and Stoney Point Road. There was still a question on how the sidewalk would be paid for, either creating a sidewalk district or assessed against the property owners. Mr. Charles Wilson appeared before the Council and stated he had not changed his opinion on the location of the sidewalk since the last Council meeting. He further suggested that a sidewalk assessment district be established rather than assessing the property owners. Alderman Westlund made the motion to waive the first reading of Ordinance No. 13/78 ordering a sidewalk on the East side of Stoney Point Road and on the North side of Roberts Road between Alan Street and Stoney Point Road, and set second reading for August 8, 1978. Seconded by Alderman Huntwork, the motion unanimously carried. It was moved by Alderman Westlund to defer for study the assessment issue. Seconded by Alderman Gruenhagen, the motion unanimously carried. (b) CONSIDERATION OF RECOMMENDED BID FOR CITY EMPLOYEES GROUP MEDICAL, LONG TERM DISABILITY AND LIFE INSURANCE, EFFECTIVE AUGUST 1, 1978 (DEFERRED JULY 25, 1978, SPECIAL MEETING) It The awarding of contracts was deferred to a special meeting of the City Council to be held at 9:00 A.M. on Thursday, July 27, 1978. -3- Council Minutes July 25, 1978 (c) CONSIDERATION OF RECOMMENDED BID FOR 1978 IMPROVEMENT BONDS (DEFERRED JULY 25, 1978, SPECIAL MEETING) Mr. Bob Sander of Juran & Moody reported he and City Attorney Schantzen had reviewed the bids on the 1978 Improvement Bonds. It is his recommen- dation that the award be made to First National Bank of Minneapolis. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to award the sale of 1978 Improvement Bonds to First National Bank of Minneapolis in the amount of $1,198.202.50 purchase price and re- turn the certified checks to the unsuccessful bidders. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6171 entitled Resolution Relating to $1,210,000 Improvement Bonds of 1978; Awarding the Sale Thereof. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6172 entitled Resolution Relating to $1,210,000 Improvement Bonds of 1978; Fixing the Form and Details, Pro- viding for the Execution and Delivery Thereof and the Security Therefor. Motion carried unanimously. (d) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICE AND RAFFLE LICENSE BY ELKS LODGE (DEFERRED JUNE 14, 1978) Mr. Richard Phillips, Chairman of the Board of Trustees for the Elks Lodge, appeared before the Council and inquired about the new Statute of the State of Minnesota which will take effect August 1, 1978. Representatives from the American Legion and V.F.W. were also present. They wished to know if a license would be required to continue with their present activities under a legal aspect of what the law requires. Mayor Black commented he had a copy of the Statute, but the Council had not reviewed its contents After discussion, it was moved by Alderman Westlund to defer action for fur- ther study of the matter. Seconded by Alderman Huntwork, the motion carried unanimously. (e) CONSIDERATION OF APPLICATION FOR BINGO LICENSE BY ELKS LODGE (DEFERRED JUNE 14, 1978) After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to defer action for further study. Motion unanimously carried. -4- Council Minutes July 25, 1978 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCH BOWL, INC. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the "On -Sale" Non -Intoxicating Malt Liquor License for Hutch Bowl, Inc. and issue a license. Motion carried unanimously. (b) CONSIDERATION OF APPLICATION FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR FALL FESTIVAL OF ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 10, 1978 After discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen, to approve the "On -Sale" Non -Intoxicating Malt Liquor License for St. Anastasia Catholic Church's Fall Festival on September 10, 1978 and issue a license. Motion carried unanimously. (c) CONSIDERATION OF PERMANENT STATUS OF ENGINEERING TECHNICIAN City Engineer/Public Works Director Priebe reported Dan St. Pierre has been funded through a CETA grant for the past year. Inasmuch as the grant period ends this month, he would like to have Mr. St. Pierre added to the City pay- roll as a permanent employee. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve permanent status of Dan St. Pierre as an engineering technician. Motion carried unanimously. (d) CONSIDERATION OF FIVE-YEAR FEDERAL AID URBAN PROGRAM City Engineer/Public Works Director Priebe presented a copy of the Five -Year Federal Aid Urban Program and maps. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the program and set a public hearing for August 8, 1978 at 8:00 P.M. Motion unanimously carried. (e) CONSIDERATION OF FIVE-YEAR MUNICIPAL STATE AID PROGRAM City Engineer/Public Works Director Priebe reported on the Municipal State Aid Program and presented maps. It is a new requirement by the State Aid Division of Minnesota Department of Transportation that each community es- tablish a five-year program. If they do not, they will lose their funds. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the program and set a public hearing for August 8, 1978 at 8:00 P.M. Motion unanimously carried. -5- Council Minutes July 25, 1978 (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT FOR DEN -MAR BUILDING SUBMITTED BY CURT BRADFORD WITH FAVORABLE RECOMMENDATION OF PLANNING COM- MISSION CONTINGENT ON NO FURTHER CHANGES TO STRUCTURE After discussion, Alderman Westlund moved to waive reading and adopt amended Resolution No. 6165 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C-5 of the 1975 Zoning Ordinance to Allow for Changing An Apart- ment Unit to An Office, upon recommendation of Planning Commission. Seconded by Alderman Huntwork, the motion unanimously carried. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARRY SORENSEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION SUBJECT TO MAINTAINING SIX FOOT HEDGE FROM OAKWOOD LANE TO CITY ENTRANCE TO PARK Following discussion, Alderman Huntwork moved to waive reading and adopt Resolution No. 6166 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C-5 of the 1975 Zoning Ordinance to Allow for Sales and Display Areas. Seconded by Alderman Gruenhagen, the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY THEO. WACKER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6167 entitled Resolu- tion Granting Conditional Use Permit under Section 6.07, C-5 of the 1975 Zoning Ordinance to Allow Addition to Existing Garage. Motion unanimously carried. (i) CONSIDERATION OF REQUEST FOR REZONING FROM R-3 TO C-4 SUBMITTED BY GEORGE DRESS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund that upon the recommen- dation of the Planning Commission, the first reading of Ordinance No. 12/78 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map be waived and the second reading set for August 8, 1978. Seconded by Alderman Huntwork, the motion unanimously carried. (j) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY DONALD HECHT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Huntwork moved that upon recommendation of Planning Commission to waive reading and adopt Resolution No. 6168 entitled Resolution Granting Variance from Section 6.05 of the Zoning Ordinance to Allow Construction of Addition to Expand an Attached Single Garage. Seconded by Alderman Westlund, the motion unanimously carried. W CONSIDERATION OF ANNEXATION SUBMITTED BY RONALD WOTHE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6169 entitled Request for Annexation. Motion unanimously carried. (1) CONSIDERATION OF FINAL PLAT FOR BACHMAN'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6170 entitled Resolution Giving Approval of Final Plat for Bachman's First Addition. Motion carried unanimously. (m) CONSIDERATION OF PERMIT TO CROSS BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY FOR PROJECT 78-03 (STORM SEWER IMPROVEMENT) City Engineer/Public Works Director Priebe reported it will be necessary to have a permit to cross the Burlington Northern Railroad right-of-way near the Sewage Treatment Plant with the City's new line on Fifth Avenue S.E. The agreement calls for a payment of $175.00 for the first 10 years. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the permit and enter into an agreement with the Burlington Northern Railroad. Motion unanimously carried. (n) CONSIDERATION OF PAYMENT BOX FOR WATER BILLS IN PAYMENT CENTER Mayor Black commented the Council had considered renting a payment box when the payment center was first installed in Hutchinson, but the Council members had voted negatively. Since that time there has been such a good response to using the payment center that this matter should be re -considered for a means of paying water and refuse bills. Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Huntwork, to approve renting a payment box for water and refuse bills in the payment center. Motion unanimously carried. (o) CONSIDERATION OF RESIGNATION OF RODERICK KEITH Mayor Black commented that Roderick Keith had resigned his position as Rec- reation Director for the City of Hutchinson, effective July 21, 1978. He further recommended a resolution with appropriate wording be issued in appre- ciation of the services performed by Mr. Keith. It was moved by Alderman Westlund to accept the resignation of Roderick Keith and waive reading and adopt Resolution No. 6176 entitled Commending Roderick Keith. Seconded by Alderman Gruenhagen, the motion unanimously carried. (p) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Black read a copy of the letter sent to all delinquent account holders. -7- Council Minutes July 25, 1978 He then inquired if there was anyone present wishing to be heard regarding his/her account. There was no response. It was moved by Alderman Westlund to discontinue service immediately on the following accounts: 1-0670-5-00, 2-0580-8-00, 3-0540-0-00, 6-0750-2-00, 7-0120-7-00, 7-0845-3-00, 7-0870-0-00, 7-0902-4-00, 19-0230-5-00, and 19-0390-0-00; and 42-0300-0-00 if not paid on July 28, 1978 as promised. Seconded by Alderman Gruenhagen, the motion unanimously carried. (q) CONSIDERATION OF PERMANENT STATUS OF GEORGE FIELD After discussion, it was moved by Alderman Westlund to approve the permanent appointment of George Field, Fire Marshal and Inspector. Seconded by Alder- man Gruenhagen, the motion carried unanimously. (r) CONSIDERATION OF MERIT INCREASE FOR KENNETH MERRILL, CITY ACCOUNTANT Following discussion, Alderman Westlund moved to approve the merit increase for Kenneth Merrill. Seconded by Alderman Huntwork, the motion unanimously carried. (s) CONSIDERATION OF 1977 ASSESSMENT ROLLS 1.) ROLL NO. 71 2.) ROLL NO. 72 3.) ROLL NO. 73 City Engineer/Public Works Director Priebe reported the 1977 Assessment Rolls No. 71, 72, and 73 have been completed. He recommends a public hearing be set for August 22, 1978 at 8:00 P.M. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to set a public hearing on the 1977 Assessment Rolls No. 71, 72, and 73 for August 22, 1978 at 8:00 P.M. Motion carried unanimously. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6162 entitled Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment Project: 77-12 and 77-30 and 77-30A. Motion unanimously carried. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6163 entitled Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment Project: 77-35 and 72-33. Motion carried unanimously. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6164 entitled Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment Project: S.P. 133-020-02, S.P. Council Minutes July 25, 1978 133-109-03, S.P. 133-020-01, S.P. 133-119-01. Motion carried unanimously. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6173 entitled For Hearing On Proposed Assess- ment Project: 77-12 and 77-30 and 77-30A. Motion unanimously carried. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6174 entitled For Hearing On Proposed Assess- ment Project: 77-35 and 77-33. Motion unanimously carried. It was moved by Alderman Gruenhagen, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6175 entitled For Hearing On Proposed Assess- ment Project: S.P. 133-020-02, S.P. 133-109-03, S.P. 133-020-01, S.P. 133- 119-01. Motion unanimously carried. (t) CONSIDERATION OF PART-TIME EMPLOYEE FOR MOTOR VEHICLE DEPARTMENT Sheryl Hoffman has been recommended as a part-time employee for the Motor Vehicle Department, working approximately 15 hours a week. Following discussion, Alderman Westlund moved to approve the employment of Sheryl Hoffman as a part-time employee in the Motor Vehicle Department. Seconded by Alderman Huntwork, the motion carried unanimously. (u) CONSIDERATION OF PURCHASE OF PRINTING EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL It is the recommendation of the Hospital Board to replace the Gestetner and Gestofax printing equipment presently in use with the purchase of nevi_ print- ing equipment from Gestetner Corporation in the amount of $4,910.50. After discussion, it was moved by Alderman Westlund that upon recommendation of the Hospital Board to approve the purchase of printing equipment from the Gestetner Corporation in the amount of $4,910.50 for the Hutchinson Community Hospital. Seconded by Alderman Gruenhagen, the motion carried unanimously. (v) CONSIDERATION OF APPLICATION FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR ELKS LODGE, SLOW PITCH TOURNAMENT AUGUST 26 & 27, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the "On -Sale" Non -Intoxicating Malt Liquor License for the Elks Lodge and issue a license. Motion carried unanimously. (w) CONSIDERATION OF LOGIS CONTINGENT LIABILITY COMMITMENT Administrative Assistant Plotz explained that about a year ago the City of Hutchinson joined with LOGIS for computer services, and this trial arrange- ment has worked out very satisfactorily. Recently the staff of LOGIS has -9- Council Minutes July 25, 1978 studied alternatives to controlling costs with the Hennepin County Data Processing Center. As a result of the study, it is their conclusion that the best method to control costs would be to have their own hardware rather than to continue with the present system. Since a method of financing the hardware and software would be needed, all LOGIS members are being asked to remain members for at least five years. The contingent liability program, over a five-year period,would hold the members liable if they dropped their membership prior to this time. It is the recommendation of Mr. Plotz and the City Accountant that the City of Hutchinson agree to the contingent lia- bility commitment. Following discussion, Alderman Huntwork moved to authorize the Mayor and City Clerk to enter into an agreement with LOGIS. Seconded by Alderman Gruenhagen, the motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported he will be out of the office on the morning of July 26 to attend the LOGIS meeting, and he and Ken Merrill will be attending the Election Training Conference on July 27, 1978. At the next Council meeting a list of judges for the up -coming election will be presented. A meeting will be held with them to explain election procedures. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black re -appointed Dr. W. G. Miskoff to a three year term on the Police Civil Service Commission. It was moved by Alderman Westlund to ratify the appointment of Dr. W. G. Miskoff to the Police Civil Service Commission. Seconded by Alderman Hunt - work, the motion carried unanimously. Mayor Black appointed Robert Otte to the Planning Commission to fill an un- expired term until March 31, 1983. It was moved by Alderman Huntwork, seconded by Alderman Westlund, to ratify the appointment of Robert Otte to the Planning Commission. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ap- prove the verified claims and authorize payment from the appropriate funds, -10- Council Minutes July 25, 1978 with the exception of a statement from Madsen Insurance Agency which was withheld. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 9:55 P.M. upon motion by Alderman Westlund, seconded by Alderman Gruen- hagen, and unanimously carried. -11-