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04-12-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:35 P.M. with the following members present: Alderman Westlund, Haag, and K. Peterson in addition to Mayor Black. Absent: Alderman B. Peterson. Also present were: Adminis- trative Assistant Plotz, City Engineer Priebe, Community Development Direc- tor Pauley and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Ray F. Daniel of the Seventh Day Adventist Church. 3. MINUTES On motion by Alderman Westlund, seconded by Alderman K. Peterson, the minutes of the Regular Meeting of March 22, 1977 and Special Meeting of April 6, 1977 were unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF HIRING SEASONAL EMPLOYEE - NORMAN WRIGHT Alderman Haag commented that it would be advantageous to the city to seek the employment of Norman Wright as a full-time employee at some future date. Upon motion by Alderman Haag, seconded by Alderman Westlund, it was moved to approve the hiring of Norman Wright as a seasonal employee in the Park Department effective around April 15, 1977. Motion carried unanimously. (b) CONSIDERATION OF REQUEST BY MARINUS FRANK KAUFFMANN FOR APPLICATION FOR AUCTIONEERS LICENSE Mayor Black called on Administrative Assistant Plotz to comment on the application for an Auctioneers License. Mr. Plotz explained the City's ordinance regarding issuing such a license, and noted one such license can be issued per 10,000 citizens. Mayor Black then remarked about an experience the City had with an individual who was in violation. No license is needed to sell house- hold items, but other items sold at auction do require a license. Since no taxes are paid, the only expense involved is for the rent and a license. Council Minutes April 12, 1977 Alderman Haag compared the auctioneers license to a beer or liquor license and pointed out that it mizht be abused. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the issuance of an auctioneers license to Marinus Frank Kuaffmann. Motion carried unanimously. (c) CONFIRMATION OF HIRING CETA EMPLOYEE - RICHARD EBERT After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to approve the employment of Richard Ebert, with the recommendation of City Engineer Pribe, as a Utility worker under the CETA program effective the middle of April. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR DON PAULEY TO ATTEND NORTH CENTRAL REGION 1977 ANNUAL CONFERENCE ON MAY 10-12, 1977 Community Development Director Pauley was asked for details on the conference he is requesting to attend. To this inquiry, he reported that the theme of the conference is "Housing and Redevelopment" and will cover such subjects as housing rehabilitation, homesteading, relocation, community services, downtown redevelopment, housing management, and public information. He further commented that there are funds in the budget to cover his attending the conference. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve Don Pauley to attend the North Central Region 1977 Annual Conference on May 10-12, 1977. Motion carried unanimously. (e) CONSIDERATION OF HIRING PART-TIME WORKER, MICHAEL TUCKER, FOR WATER DEPARTMENT After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the hiring of Michael Tucker as a part-time employee in the Water Department effective mid-April. Motion carried unanimously. (f) CONSIDERATION OF RECOMMENDATION TO PERMANENTLY APPOINT DOROTHY BRAUN After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to approve the permanent appointment of Dorothy Braun and to change her title to Transit System Coordinator with recommend- ation of Transportation Board. Motion carried unanimously. -2- Council Minutes April 12, 1977 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 5/77 - ORDINANCE REPEALING SECTION 415:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATING TO BICYCLE LICENSES City Attorney Schantzen reported that he and Chief of Police O'Borsky had discussed Ordinance No. 5/77 and agreed to defer the second reading until the Council meeting of April 26, 1977. It was moved by Alderman Westlund, seconded by Alderman Haag, to defer the second 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 to the City Council meeting of April 26, 1977. Motion carried unanimously. (b) ORDINANCE NO. 6/77 - ORDINANCE REPEALING SECTION 570:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATING TO BICYCLE LICENSES Chief of Police O'Borsky had requested that Ordinance No. 6/77 not be adopted at this time. It was moved by Alderman Westlund, seconded by Alderman Haag, to defer the second 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 to the City Council meeting of April 26, 1977. Motion carried unanimously. (c) RESOLUTION NO. 5944 - RESOLUTION COMMENDING ED BODEY After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 5944 entitled Resolution Commending Ed Bodey. Motion carried unanimously. (d) ORDINANCE NO. 7/77 - AN ORDINANCE TO VACATE EASEMENT LYING ALONG SIDE LOT LINES OF LOT 1-10, BLOCK 1, ST014EY PONT ADDITION City Engineer Priebe gave a more detailed explanation regarding the easements. He reported that there will be new easements after the area is replatted. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive the second reading and adopt Ordinance No. 528 entitled An Ordinance to Vacate Easement Lying Along Side Lot Lines of Lot 1-10, Block 1, Stoney Point Addition. Motion carried unanimously. -3- Council Minutes April 12, 1977 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - MARCH 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MONTHLY FINANCIAL REPORT - MARCH 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (c) MINUTES OF PLANNING COMMISSION DATED FEBRUARY 15, 1977 AND SPECIAL MEETING DATED FEBRUARY 28, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (d) MINUTES OF THE HUTCHINSON ADVISORY COMMITTEE, SPECIAL MEETING, DATED MARCH 1, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (e) MINUTES OF THE HUTCHINSON COMMUNITY DEVELOPMENT ADVISORY DATED FEBRUARY 10, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing (f) MINUTES OF THE TRANSPORTATION BOARD DATED MARCH 21, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HIGHWAY 7 EAST STREET LIGHTING (DEFERRED FROM MARCH 8, 1977) City Engineer Pribe presented a report on the Highway 7 East Street lighting. His main concern was the maintenance of the poles. He further commented that there seemed to be more interest in security lighting than actually lighting up the road itself. To Alderman Westlund's question regarding the number of lights being considered, City Engineer Priebe replied that about 12 lights would be installed. -4- Council Minutes April 12, 1977 Alderman Haag questioned the maintenance of the wood pole. He pointed out that any individual who hits a pole is responsible to pay for the repair or replacement. Alderman Westlund commented that the street lighting on Highway 7 East had been deferred at the March 8, 1977 meeting to determine if funds were available for either the break -away -pole or the wood pole. City Engineer Priebe responded that money is available for either type of pole. It was moved by Alderman Westlund, seconded by Alderman Haag, to approve the installation of wood poles for street lighting along Highway 7 East at an installation cost of approximately $7,010.00 with the recommendation of the City Engineer. Motion carried unanimously. (b) CONSIDERATION OF REPORT FOR SEWER SERVICE TO PROPERTY TO BE DEVELOPED BY MAX BOYLE (CONTINUED FROM MARCH 22, 1977 MEETING) City Engineer Priebe reported that the lift station and force main improvement Project No. 77-35 will affect the area where Mr. Max Boyle is requesting sewer service. After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to approve the report for sewer service to the property of Max Boyle. Motion carried unanimously. (c) CONSIDERATION OF BIDS FOR 1977 PUBLIC WORKS IMPROVEMENT CONTRACTS: 1. LETTING NO. 2 2. LETTING NO. 3 3. LETTING NO. 4 4. LETTING NO. 5 City Engineer Priebe gave a report on the low bidders for the 1977 Public Works Improvements Projects and recommended bids be accepted and contracts awarded to: 1. Letting No. 2 - J. W. Hanson Construction Co. - $ 63,136.35 2. Letting No. 3 - Wm. Mueller and Sons - 134,362.05 3. Letting No. 4 - Juul Contracting Co. - 194,972.30 4. Letting No. 5 - L. N. Sickels Co. - 19,206.00 It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5959 entitled Resolution Accept- ing Bid, 1977 Improvements, Letting No. 2. Motion carried unanimously. -5- Council Minutes April 12, 1977 It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5960 entitled Resolution Accept- ing Bid, 1977 Improvements, Letting No. 3. Motion carried unanimously. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5961 entitled Resolution Accept- ing Bid, 1977 Improvements, Letting No. 4. Motion carried unanimously. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5962 entitled Resolution Accept- ing Bid, 1977 Improvements, Letting No. 5. Motion carried unanimously. -5-1/2- Council Minutes April 12, 1977 (d) CONSIDERATION OF BID FOR SCHOOL ROAD BRIDGE Mayor Black inquired of City Engineer Priebe if there were adequate finances to pay for the School Road Bridge project. City Engineer Priebe responded that Rieke Carroll and Muller had provided a final cost estimate for the bridge and the utility systems and each funding amount has been listed separately. The Contractor's preliminary construction schedule projects to have the bridge completed by May of 1978. The roadway plans would be ready in December for approval and the bid letting in January. The construc- tion work would be ready for May 1978 and completed in October 1978. City Engineer Priebe further remarked that the public hearing would be held in August 1977 to complete the required paperwork. Alderman Haag commented that he has received remarks from town people that they wish the bridge was in operation right now. City Engineer Priebe recommended that the low bid from R. A. Krueger, Inc. in the amount of $661,562.75 be accepted for the School Road Bridge Project. It was moved by Alderman Haag, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 5963 entitled Resolution Accepting Bid, 1977 Improvements, School Road Bridge. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF RECOMMENDATION FOR ROAD ENGINEERING CHANGE AND INSTALL- ATION OF STOP SIGN Mayor Black presented a brief background regarding the area where the proposed stop sign would be installed. City Engineer Priebe commented that his only concern would be stopping up -hill, especially during the winter months when it is icy. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the installation of a stop sign at Second Avenue S.E. and Michigan and waive the first reading of Ordinance No. 8/77 entitled An Ordinance Amending Section 710:10 of the 1974 Ordinance Code of the City of Hutchinson Entitled "Stop Streets" By Adding Subdivision No. 11 Thereto, Relative to "Traffic, Local Regulations" and set second reading for April 26, 1977. Motion carried unanimously. I Me Council Minutes April 12, 1977 Chief of Police O'Borsky had requested a road engineering change at the entrance on the south side of the service road to Fifth Avenue N.W. and Highway 15. He would like to see this service road marked as a "One Way" or "Do Not Enter". After discussion, it was decided that further study needs to be done on this matter. Therefore, City Engineer Priebe, Chief of Police O'Borsky and Fred Roberts will present a recommendation to the Council at their next meeting. (b) CONSIDERATION OF COMMUNITY DEVELOPMENT HOME REHABILITATION GRANTS After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the Community Development Home Rehabilitation Grants with the recommendation of the Community Development Advisory Committee. Motion carried unanimously. (c) CONSIDERATION OF PLACING A STREET LIGHT IN THE AREA OF WEST PISHNEY LANE AND THIRD AVENUE S.W. Mayor Black commented that the usual procedure is to have a petition from the residents in the area requesting a street light. City Engineer Priebe reported that he wasn't sure of the exact location where the street light would be installed. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the request for a street light in the area of West Pishney Lane and Third Avenue S.W. to the next Council meeting so more inform- ation could be obtained. Motion carried unanimously. (d) CONSIDERATION OF DIRECTOR OF PUBLIC WORKS - APPOINTMENT City Engineer Priebe commented that he has talked to Clyde Drahos, Fred Roberts, and Finley Mix. Alderman Haag wanted to know if a change in title would also alter Mr. Priebe's position so that the City would have to hire another City Engineer. City Engineer Priebe responded by stating that at the present time the Engineering Department has adequate staff so it shouldn't require an additional person. Alderman Westlund raised a question about Calvin Rice's title on the organization chart and wondered if it would change as he moves into a different role. Mr. Priebe responded by saying, Mr. Rice would not be considered a department head, as his responsibility will not significantly change. -7- Council Minutes April 12, 1977 It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the appointment of Marlow Priebe as Director of Public Works/City Engineer. Motion carried unanimously. Administrative Assistant Plotz reported that he and Personnel Coord- inator Sitz had discussed a salary increase for Marlow Priebe as he takes on more responsibility. It was their recommendation that his salary be increased by 5% or $100 a month. Upon motion by Alderman Westlund, seconded by K. Peterson, it was unanimously passed to approve an increase of $100 per month for Marlow Priebe and to consider it for next year's budget. (e) CONSIDERATION OF LIFT STATION AND FORCE MAIN IMPROVEMENT PROJECT NO. 77-35 City Engineer Priebe reported that the lift station would be located in the area north of County Road 76 and West of Highway 15. The total cost will be $22,620.00. The lift station would be at a point where the only gravity line would be 50 feet for the first painting. The gravity line ends just east of the highway. The gravity line extension would be in the future. The pumps would take care of the next five to 10 years of expansion in that area. The base unit is always the same. It was moved by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5947 entitled Resolution Receiving Report and Calling Hearing on 1977 Improvement Project and set hearing for April 26, 1977, 8:00 P.M. Motion carried unanimously. (f) CONSIDERATION OF ERECTING A BASEBALL BACK -STOP AT LINDEN PARK WITH APPROVAL OF PARK AND RECREATION BOARD ON APRIL 6, 1977 Alderman K. Peterson reported that the Park and Recreation Board received a petition signed by 92 residents in the Linden Park area requesting some softball diamonds. Backstops were the only necessity requested at this time. Mr. Lloyd Nadrehal had offered to pay for one backstop, if necessary, to keep the children off the streets in that area. City Engineer Priebe reported that he and Fred Roberts had looked at tyre area and considered the best possible location for a backstop to be in the northeast and northwest corners. Council Minutes April 12, 1977 Mayor Black commented that this location is close to a busy street and this fact should be taken into consideration_ when placing the backstop. Perhaps a cross walk could be painted in at the intersection. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the erection of a backstop at Linden Park and consider erecting a second backstop that might be donated by Mr. Lloyd Nadrehal. Motion carried unanimously. (g) CONSIDERATION OF ADVERTISEMENT FOR THE POSITION OF CITY ACCOUNTANT/ CONTROLLER Mayor Black called upon Administrative Assistant Plotz for a report on the position of City Accountant/Controller. At this time, Mr. Plotz told the Council that he and Personnel Coordinator Sitz had revised the job description for City Accountant/Controller. He further reported that the Utilities, specifically Rufus Alexander, had expressed an interest in sharing the services and expenses for an accountant to spend on�-third (1/3) of his time for Utilities. Mr. Alexander was planning to submit his proposal to the Utilities Commission at their meeting on April 11, 1977 for approval; however, the subject was not discussed. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the advertisement for the position of City Accountant/Controller. Motion carried unanimously. (h) CONSIDERATION OF FIREWORKS PERMIT FOR JAYCEES -SPONSORED WATER CARNIVAL Administrative Assistant Plotz informed the Council that he had discussed the use of fireworks with Fire Chief Smith to determine the procedure to be used. A meeting was also held between Mr. Robert Wohlford of the Hutchinson Jaycees and Fred Roberts, Eric Smith, and Dean O'Borsky to determine a good location for the discharge of fireworks and other safety considerations. It was mutually agreed that the southwest corner of the West River Park would be satis- factory for the fireworks display. Mr. Wohlford reported that Dennis Johnson will be responsible for the discharge of fireworks again this year, and he had had three years of experience as a Demolition Specialist in the U.S. Army. Subsequent to Council action, the Jaycees will proceed to obtain a permit from the supplier of the fireworks which will require the signature of Chief of Police O'Borsky. The State of Minnesota must also issue a permit to the Jaycees. Alderman Westlund raised a question regarding insurance to cover the discharge of fireworks. Council Minutes April 12, 1977 Mr. Robert Otte, Executive Vice President of the Chamber of Commerce, commented that more than likely this item would be covered under the insurance coverage carried by the Jaycees. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the fireworks permit for the Jaycees -sponsored Water Carnival with recommendation of Administrative Assistant Plotz and the stipulation that the Safety Guidelines be followed and adequate liability insurance carried for the fireworks and parade. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz called attention to his Newsletter dated April 12, 1977 and reported on the meeting of the Minnesota Municipal Finance Officers Assocation which he had attended on April 11, 1977. (b) COMMUNICATIONS FROM MAYOR Mayor Black announced the appointment of Mrs. Elsie Young to the Planning Commission for a term of five years form April 1, 1977 to March 31, 1982, to fill the expired term of Marlin Torgerson. It was moved by Alderman Haag, seconded by Alderman Westlund, to ratify the appointment of Mrs. Elsie Young to the Planning Commission for a five-year term. Motion carried unanimously. It was reported by Mayor Black that the Reverend Walter D. Marth had submitted his resignation from the Community Advisory Committee. No appointment was made for the vacancy at this time. Upon motion by Alderman Haag, seconded by Alderman K. Peterson, it was moved to accept the resignation of Reverend Walter D. Marth from the Community Advisory Committee and waive reading and adopt Resolution No. 5948 entitled A Resolution Commending Reverend Walter D. Marth. Motion carried unanimously. Mayor Black made reference to an area in Hutchinson where a house is in very poor condition and suggested that something be done for rehabilitation. The owner is living at Burns Manor Nursing Home. City Engineer Priebe commented that an individual is interested in purchasing the above mentioned property if it meets the zoning regulations, which it does. -10- Council Minutes April 12, 1977 Community Development Director Pauley then reported that Building Inspector Willard had done an inspection of the property but didn't advise rehabilitation inasmuch as the building isn't sound enough. Mayor Black called attention to a special meeting of the municipalities within McLeod County which has been set by the McLeod County Planning Commission to be held on April 13, 1977, at 8:00 P.M. at the Court- house in Glencoe. The purpose of the meeting will be to discuss items including amendments to the County Zoning Ordinance, urban expansion and uniformity among township, county and municipal regulations. The State Review Board will meet on April 20, 1977, 7:00 P.M., in St. Paul to consider the nomination of the Hutchinson Public Library, among others, to the National Register of Historic Places, Since the Mayor will be unable to attend this public meeting, he has asked Mr. Ralph Bergstrom to attend as a representative of the Library Board. (c) COMMUNICATION FROM ALDERMAN K. PETERSON Alderman K. Peterson reported that the Park and Recreation Advisory Board had received a request from the Opportunity Education Associa- tion, an organization from the Vocational School, to use the Library Square Park for fund raising purposes on April 25, 1977 from 8:00 A,M. to 9:00 P.M. The Rockathon will consist of individuals rocking in chairs to raise money for udnerprivileged and retarded children. The Park and Rec- reation Board recommends approval of this request. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the request of the Opportunity Education Association to use the Library Square Park on April 25, 1977 from 8:00 A.M. to 9:00 P.M. for a Rockathon. Motion carried unanimously. Alderman K. Peterson also reporte that Mr. James Corson is resigning from the Park and Recreation Board so someone else will need to be appointed to fill this vacancy. (d) COMMUNICATIONS FROM ALDERMAN WESTLUND Alderman Westlund suggested that a check be done on the demolition of the building at the intersection of Highways 7 and 15. It has taken a long period of time to tear down and clear away the debris, and it is hazardous to the area. Perhaps a snow fence should be put around the property. Community Development Director Pauley reported that the firm doing the demolition has a salvage permit which does not require any time limit for the work to be completed. -11- Council Minutes April. 12, 1977 Alderman Westlund then commented that he felt in the future something should be done to establish a time limit on salvage permits. (e) COMMUNICATIONS FROM ALDERMAN HAAG Alderman Haag made reference to an accident that happened Saturday, April 9, where the young people involved were supposedly not of age and had been at the V.F.W. prior to the accident. Mayor Black remarked that he will approve the suspension of any liquor license when necessary. (f) COMMUNICATIONS FROM COMMUNITY DEVELOPMENT DIRECTOR PAULEY Community Development Director Pauley called attention to a warehouse located at Linden and Merrill where scrap lumber is stored both inside and outside of the building. Since it is zoned as a warehouse, the material should all be inside. This same individual has a garage at 5th and Monroe which has lumber stored both inside and outside. Mayor Black instructed City Engineer Priebe to check both locations and see what can be done about the situation. (g) COMMUNICATIONS FROM CITY ENGINEER PRIEBE City Engineer Priebe reported the public access to the park from Maple Street is being used as off-street parking. He wondered if it should be blocked off or put up a chain on two posts. Mayor Black responded that he did not feel the street should be blocked off since it givesthe appearance of public property now. Alderman Haag commented that one individual would like to see the snow fence taken down so he can get his trailer onto his lot. City Engineer Priebe remarked that a lady at Milwaukee and Brown wondered why only her evergreen tree was trimmed and not others along the block that obstruct the view of traffic. It was moved by Alderman Westlund, seconded by Alderman Haag, to recommend to the Safety Committee that they review the above matter. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman Haag, to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. -12- Council Minutes April 12, 1977 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9.15 P.M. on motion by Alderman Westlund, seconded by Alderman Haag. Motion carried unanimously. -13-