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03-08-1977 CCM0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 8, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:35 P.M. with the following members present: Aldermen B. Peterson and Haag in addition to Mayor Black. Absent were: Aldermen Westlund and K. Peterson. Also present were: Admin- istrative Assistant Plotz, City Engineer Priebe, Community Development Di- rector Pauley and City Attorney Schantzen. 2. INVOCATION Due to the absence of a pastor to give the invocation, Mayor Black called for a time of silent prayer. 3. MINUTES On motion by Alderman Haag, seconded by Alderman B. Peterson, the minutes of the Regular Meeting of February 22, 1977 and Special Meeting of February 28, 1977 were unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF RECOMMENDATION TO PERMANENTLY APPOINT: 1. MARILYN SWANSON After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to ratify the permanent appointment of Marilyn Swanson, Secretary to Administrative Assistant, with the recommendation of the Administrative Assistant. Motion carried unanimously. (b) CONSIDERATION OF REQUEST TO ATTEND WATER OPERATORS SCHOOL AND CITY ENGINEER'S CONFERENCE After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the attendance of Finley Mix and Clyde Drahos to the Water Operators School and Marlow Priebe to the City Engineer's Conference. Motion carried unanimously. FQ Council Minutes March 8, 1977 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 3/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (MR. MAX BOYL) Community Development Director Pauley presented a brief report of the area to be rezoned. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive second reading and adopt Ordinance No. 525 entitled An Ordinance Amending Ordinance No. 464 Con- cerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map. Motion carried unanimously. (b) ORDINANCE NO. 2/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERN- ING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZON- ING MAP (MR. KEN SANTLEMAN) After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive second reading and adopt Ordinance No. 524 en- titled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regu- lations in the City of Hutchinson and the Official Zoning Map. Motion carried unanimously. (c) ORDINANCE NO. 1/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (MR. ROBERT HORNICK) After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 523 en- titled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regu- lations in the City of Hutchinson and the Official Zoning Map. Motion carried unanimously. (d) RESOLUTION NO. 5936 - RESOLUTION ESTABLISHING JUST COMPENSATION FOR LOTS 14, 15 AND 16, BLOCK 3, SELCHOW-JORGENSON SUBDIVISION After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5936 entitled Resolution Establishing Just Compensation for Lots 14, 15 and 16, Block 3, Selchow-Jorgenson Subdivision. Motion carried unanimously. (e) RESOLUTION NO. 5937 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5937 entitled Transferring $10,000 from Liquor Store to General Fund. Motion carried unanimously. -2- Council Minutes March 8, 1977 (f) RESOLUTION NO. 5938 - TRANSFERRING OF FUNDS FROM 1976 BOND ISSUE TO GENERAL FUND FOR ENGINEERING SERVICES AND TO CAPITAL IMPROVEMENT FUND Mayor Black called upon City Engineer Priebe for an explanation of the transferring of funds. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Reso- lution No. 5938 entitled Transferring of Funds from 1976 Bond Issue to General Fund for Engineering Services and to Capital Improvement Fund. Motion carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - FEBRUARY, 1977 There being no discussion, the report was ordered by the Mayor received for filing. (b) MONTHLY FINANCIAL REPORT - FEBRUARY, 1977 There being no discussion, the report was ordered by the Mayor received for filing. (c) MINUTES OF PARK AND RECREATION BOARD DATED FEBRUARY 2, 1977 AND MARCH 2, 1977 Alderman Haag raised a question regarding the March 2, 1977 minutes where it states "Rod Keith and Jeff McKay have refinished the floor of the Armory and reported it is now'in excellent condition again." It was Alderman Haag's understanding that Loren's Rollercade was to restore the floor in the Old Armory to its original condition. Administrative Assistant Plotz stated that Messrs. Keith and McKay had only helped with the work. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HIGHWAY 7 EAST STREET LIGHTING (DEFERRED FROM FEBRUARY 22, 1977) City Engineer Priebe was called upon for a report on the street light- ing. He commented that there was an additional cost of about $3,000 that the Utilities had looked into, raising the total price to approxi- mately $10,000. The new type of lights with breakaway poles, which are required by the state, would be installed. Alderman Haag inquired if there is money available to pay for install- ation of the lights. He then moved to defer action until the next -3- Council Minutes March 8, 1977 Council meeting to allow time to check on the amount in the budget for this project. Seconded by Alderman B. Peterson, the motion car- ried unanimously. (b) CONSIDERATION OF DELINQUENT WATER ACCOUNTS - (DEFERRED FROM FEBRUARY 8, 1977) City Engineer Priebe told the Council that letters had been mailed to all delinquent account holders and property owners requesting they ap- pear at the March 8, 1977 Council meeting or make proper payment prior to that date. In the case where a new renter has moved in, he is not responsible for the bill of a former tenant at the same address. The delinquent bill would then become the responsibility of the property owner. Mayor Black indicated that proper notice had been given to all parties involved, and he asked if there was anyone present who wished to be heard. Eldon Willard, property owner of 504 Bluff Street, stated that he would take the responsibility of the delinquent account from a previous renter. He was then informed that the bill had already been paid by the former tenant. City Engineer Priebe remarked that a letter had been sent to the wrong property owner for 605 Third Avenue S.E. A new letter will be mailed to the proper owner, and no action will be taken on Delinquent Account No. 4-0930-1-00 at this time. Delinquent Water Account No. 1-0645-0-00, Alton Wickland, 605 Main Street S., in the amount of $47.58 was reviewed. It was noted that Mr. Wickland has been making weekly payments on his account since Feb- ruary 7, 1977. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to accept the weekly payments and continue water service. Motion carried unanimously. Delinquent Water Account No. 4-0265-0-00, James Deragon, 540 Monroe Street S., in the amount of $116.13 was reviewed. It was noted that Mr. Deragon had paid $50 on March 7, 1977 and promised to pay $50 in two weeks, with the balance to be paid in April. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to accept the above stated arrangements for payment. Motion carried unanimously. Delinquent Water Account No. 4-0290-0-00, Roger Voss, 510 Monroe Street S., in the amount of $43.92 was reviewed. It was noted that a payment of $30 had been made on February 15, 1977. After discussion, it was -4- Council Minutes March 8, 1977 moved by Alderman Haag, seconded by Alderman B. Peterson, to continue water service since a recent payment had been made on the account. Motion carried unanimously. Delinquent Water Account No. 10-0265-0-00, Mrs. Ruth Piehl, 621 Juul Road, in the amount of $39.24 was reviewed. It was noted that a pay- ment of $20 was made on February 16, 1977. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to continue water service inasmuch as payment had been made recently. Motion car- ried unanimously. Delinquent Water Account No. 20-0065-0-00, Eugene Duesterhoeft, 715 Harrington Avenue, in the amount of $56.37 was reviewed. It was noted that Mr. Duesterhoeft has made payments on his account. After dis- cussion, it was moved by Alderman Haag, seconded by Alderman B. Peter- son, to continue water service since payments had been made. Motion carried unanimously. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to im- mediately discontinue water service for all delinquent accounts, with the exception of the five above accounts where partial payments have been made and the one account where the wrong property owner was noti- fied. Motion carried unanimously. 9. NEW BUSINESS (a) DESIGNATION OF PARKING METERS FOR HUTCHMOBILE Acting Director Pauley had received a memo from Police Chief O'Borsky regarding the problem of parking space for the Hutchmobile. His recom- mendation was that the Council vacate two meters on the east side of Franklin Street closest to City Hall for the purpose of "bus parking only." Mr. Pauley requested the Council to approve this recommendation. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the above designated parking meters for the Hutchmobile with the recommendation of Chief O'Borsky. Motion carried unanimously. (b) PRESENTATION TO COUNCIL - ZONING BOARD OF APPEALS; CONSIDERATION OF BUILDING PERMIT FOR ADDITION TO COKE PLANT BY DUANE BUSKE Duane Buske, owner of the Coca Cola Plant, appeared before the Council and presented a sketch of proposed plans. He pointed out that the present 10' single dock is 10 or 11 years old and a wooden structure which is in need of change. At the present time a canvas door is being used. The proposed plans would call for two 20' docks from the north and an entry door on the east side of the plant. A large overhead door -5- Council Minutes March 8, 1977 would come down over the entrance and docks to enclose the area and conserve on heat. Mr. Buske is requesting a variance. Community Development Director Pauley reported that Mr. Buske had met with him and Bud Willard to discuss the proposal. At that time Mr. Pauley had suggested he appear before the Council. Inasmuch as the Coca Cola Plant is located in a R-2 Zone, a variance would not help the situation. He, therefore, recommends rezoning of the area. Mayor Black remarked that he did not feel the City should restrict a business from expanding and should consider rezoning an area if it is necessary. Alderman Haag concurred with the Mayor and pointed out that one of the reasons for the remodeling is an effort to save on heat. He further felt that the City should help Mr. Buske achieve his goal. City Engineer Priebe asked what would be considered for rezoning and suggested that perhaps consideration should be given to a total area rather than just one business. Mayor Black recommended a hearing be set for April to consider the re- zoning of the area around the Coca Cola Plant after the Planning Com- mission has considered rezoning. It was moved by Alderman B. Peterson, seconded by Alderman Haag, to refer the consideration of rezoning to the Planning Commission. Motion carried unanimously. (c) CONSIDERATION OF RECOMMENDATION OF AIRPORT COMMISSION REGARDING AIRPORT STUDY Community Development Director Pauley reported that the Airport Com- mission had met to discuss the development recommendation and the Air- port Master Plan. It is the Commission's wish to meet with the City Council and receive their approval before they proceed further. Mayor Black instructed Mr. Pauley to make the arrangements for setting up a meeting between the Council members and Airport Commission. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to defer action to a special meeting of the Airport Commission with the City Council. Motion carried unanimously. (d) CONSIDERATION OF WEST RIVER PARK OPERATING RULES It was felt that the operating rules for the West River Park should be kept to a minimum. The following list of policies was approved by the Council Minutes March 8, 1977 Parks and Recreation Board on March 2, 1977: 1. Season Dates: May 1 to September 15 (weather permitting) 2. Maximum Length of Stay: 1 week without prior City approval 3. Rates: Water and Sewer Hook -Up - $1.00/night Electrical Hook -Up - $2.00/night Electrical & Water & Sewer- $3.00/night 4. Payments will be made through the use of a deposit box and envelopes. The box will be emptied on a regular basis by the Police or a Super- visor. 5. Reservations will not be taken during this first season. 6. A pay phone and garbage dumpsters will be placed in specified locations. The cost of the pay phone, $12.50/month less calls made, and dump- sters, $16.50/month each, will be offset by the profits hopefully to be made on the rates. 7. All park buildings will be open 24 hours a day during the season. 8. The park will be maintained by Park Department personnel. Alderman Haag asked about the policy of collecting fees. He wondered if campers would be honest and deposit their money in the collection box. Mayor Black remarked that many state parks are operated in this manner, and most campers make their deposits in the box. Community Development Director Pauley reported that he had written to five municipal camp grounds in the state. He received replies from three out of the five, and they run their camp ground in this way. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the above stated operating rules for the West River Park. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on his telephone conversation with Mrs. John Geiss regarding her outstanding claim. He pointed out that there is no way of knowing who waited on Mrs. Geiss and what date she came into City Hall to pay her bills. Mr. Plotz asked the Council what action they wished to take on this matter. Alderman Haag commented that this was his first experience with this type of situation and moved to consider the account paid and verify -7- Council Minutes March 8, 1977 the claim. Seconded by Alderman B. Peterson, the motion carried unan- imo us ly . Administrative Assistant Plotz reported on the new requirements of the State of Minnesota, Department of Public Safety, effective March 1, 1977, which require the Motor Vehicle Office to accept applications for bicycle registration, issue stickers, receive fees and make daily re- ports, and maintain records on registration. The State law will super - cede any present law the City has on bicycle registration. Until such time as the Council passes an Ordinance requiring mandatory registra- tion, it will be on a voluntary basis for those wishing to have their bicycles registered. He pointed out that a mandatory law would re- quire about 1,000 bicycles to be registered and present additional work for the office workers. Of the amount collected for bicycle registration ($3.50), only 50t per registration goes to the City. Mayor Black commented that he felt the appropriate action at this time would be to repeal the City's present Ordinance requiring mandatory registration for bicycles and require State law by reference. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive first reading of Ordinance No. 5/77 entitled Ordinance Repealing Section 415:00 of the 1974 Ordinance Code of the City of Hutchinson Relating to Bicycle Licenses and set second reading for March 22, 1977. Motion carried unanimously. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive first reading of Ordinance No. 6/77 entitled Ordinance Repealing Section 570:20 of the 1974 Ordinance Code of the City of Hutchinson Relating to Bicycle Licenses and set second reading for March 22, 1977. Motion carried unanimously. Administrative Assistant Plotz made reference to his memo regarding a federal funding program for personnel through CETA. He indicated that Hutchinson has been allocated one position for an employee in a special program. Although we have not made a firm commitment for the program, it is his consideration of hiring a person under this program to in- stall outdoor meter readers. Mr. Plotz then asked the Council for their thoughts regarding this CETA program. City Engineer Priebe responded by stating that he sees a real need for the City to accomplish the installation of outdoor meter readers as soon as possible. Once the entire City has outdoor meters, the sewer and water billing can be put on a monthly basis instead of quarterly as at present. Alderman Haag asked what kind of response had been received on the in- stallation of outdoor meters. Council Minutes March 8, 1977 Mayor Black remarked that the City should speed up the process so that the meters get installed in the near future. The cost of installing meters is rising, and it is a waste of manpower to have two men going around reading meters when one person could do the job. He further stated that he was in favor of the CETA program and authorized the Ad- ministrative Assistant to proceed with the CETA funding program. (b) COMMUNICATIONS FROM MAYOR Mayor Black commented on the ventilating system project at Burns Manor which had been let on January 13, 1976 to Peterson Sheet Metal of Alex- andria. The vent hood installation in the kitchen has not been completed, and the work is not satisfactory. He further reported that Mr. Roger W. Patch, architect of Patch Erickson Madson Inc., recommends that the bond- ing company be contacted for fulfillment of the contract. City Attorney Schantzen was called upon for legal counsel. His recom- mendation was to contact the bonding company, although he had some ques- tion on the amount of time which has elapsed since the letting. Mr. Schantzen also indicated that the bonding company might not be involved inasmuch as this is a matter of guarantee on work performed. Mayor Black authorized City Attorney Schantzen to contact the bonding company for completion of the work. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to authorize City Attorney Schantzen to contact the contractor for comple- tion of the project. Motion carried unanimously. Mayor Black commended the Motor Vehicle Office for the high rating it received on the annual performance evaluation report from the Depart- ment of Public Safety. He further stated that he felt a Resolution of Commendation should be sent to the Motor Vehicle Office and staff. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive the reading and adopt Resolution No. 5939 entitled Resolution Commending the Motor Vehicle Office. Motion carried unanimously. Mayor Black made reference to the letter and financial report received from Hands, Inc. Mayor Black noted that the term of June Otterness expires March 31, 1977, and she has completed the maximum number of years of service on the Hos- pital Board. He appointed Rollis Balke to fill the vacancy. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the appointment of Rollis Balke to the Hospital Board for a five year term. Motion carried unanimously. Council Minutes March 8, 1977 Don Glas was named to the Community Development Advisory Board to re- place Paul Yancey who has moved from the community. A new Municipal Facilities Study Committee was organized to work with the planning consultants. The following people were named to said committee: Ralph Bergstrom Milton Lueneberg Les Linder Dean O'Borsky Gary Plotz Marlow Priebe Lloyd Schlueter Mrs. Elaine Hopkins Mrs. Ben Piehl D. J. Black Ralph Westlund Mrs. Kay Peterson Gene Hippe, Executive Director of Region 6E, was called upon by Mayor Black, at which time he presented the Council with copies of the Annual Report of the Six East Regional Development Commission. He also gave a summary of some of their activities. (c) COMMUNICATIONS FROM ALDERMAN HAAG Alderman Haag commented on the Administrative Assistant's first issue of a newsletter and remarked that he'll be looking forward to future copies. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Four claims were held out for payment to determine further explanation for the expense. A motion was made by Alderman Haag, seconded by Alderman B. Peterson, to approve the verified claims and authorize payment from the appro- priate funds, with the exception of the four claims withheld. Motion carried unanimously. (b) CONSIDERATION OF FINAL PAYMENT FOR SLUDGE DEWATERING EQUIPMENT City Engineer Priebe referred to a letter received from Rieke Carroll Muller Associates Inc. and remarked that it is his recommendation that the City accept the sludge dewatering equipment and make final payment for same. He also commented that the final analysis on the new belts from R. B. Carter Co. is that they are not working as well as the old ones and will be returned. -10- �v Council Minutes March 8, 1977 It was moved by Alderman Haag, seconded by Alderman B. Peterson, to accept the sludge dewatering equipment as installed and release the remaining retainage. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:05 P.M. on motion by Alderman Haag, seconded by Alderman B. Peterson. Motion carried unanimously. -11-