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06-28-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M. with the following members present: Aldermen B. Peterson and Haag in addition to Mayor Black. Absent: Aldermen Westlund and K. Peterson. Also present were: Administra- tive Assistant Plotz, City Engineer/Public Works Director Priebe, Community Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Howard F. Jones of the vineyard United Methodist Church. 3. MINUTES On motion by Alderman Haag, seconded by Alderman B. Peterson, the minutes of the Regular Meeting of June 14, 1977 and Special Meeting of June 22, 1977 were approved unanimously. 4. PUBLIC HEARINGS (a) CONSIDERING THE ISSUANCE OF "ON -SALE" INTOXICATING LIQUOR LICENSES: 1. VELVET COACH Mayor Black opened the public hearing at 8:03 P.M. by reading the Notice of Hearing, Publication No. 1946, Considering the Issuance of an "On - Sale" Liquor License to the Velvet Coach, Inc. There being no one present wishing to be heard, the hearing was declared closed at 8:05 P.M. on motion by Alderman Haag, seconded by Alderman B. Peterson, and carried unanimously. The Chair entertained a motion to issue an "On -Sale" Intoxicating Liquor License to the Velvet Coach for the period of July 1, 1977 to March 31, 1978. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the application and issue said license for above stated period of time to the Velvet Coach, Inc. Motion carried unanimously. 2. TOM DOLDER - THE FOOD & BEVERAGE COMPANY (TENTATIVE NAME OF RESTAURANT) At 8:05 P.M. Mayor Black called to order the Public Hearing for Publi- cation No. 1947, Considering the Issuance of an "On -Sale" Liquor License to The Food and Beverage Company (tentative name), Thomas Dolder and Larry Quinnell, Partners. Council Minutes June 28, 1977 Mr. Tom Dolder appeared before the Council and presented revised proposals of the restaurant he intends to open this fall in conjunc- tion with the bowling alley. He pointed out that the restaurant will seat 143 individuals and will have a full kitchen facility cap- able of preparing all types of meals, including sandwiches. Also, intoxicating liquor will be sold. The parking lot will accommodate 158 parking spaces. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to close the hearing at 8:15 P.M. Motion carried unanimously. Administrative Assistant Plotz reported that the liquor license would not be effective until approximately September 1, 1977 and that receipt of the surety bond, liability insurance policy, and liquor license fee would be required prior to the license being effective. The Chair entertained a motion to issue an "On -Sale" Intoxicating Liquor License to Tom Dolder for the period September 1, 1977 to March 31, 1978 (pro -rated), contingent upon the required surety bond, lia- bility insurance policy, and liquor license fee being provided. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to ap- prove the application and issue the license upon the recommendations stated above. Motion carried unanimously. Administrative Assistant Plotz informed the Council that the City's Liquor Ordinance requires a higher liability insurance coverage than the local insurance agencies provide. Consideration should be given to either amending the Ordinance or requiring higher liability insurance coverage from those private establishments already holding a license. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to defer action until a survey has been taken of liability insurance coverage requirements in other towns for an intoxicating on - sale liquor license. Motion carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF RECOMMENDATION TO APPOINT KATHY (MRS. RON) MC GRAW TO THE PARK AND RECREATION BOARD Mayor Black reported that the Park and Recreation Board has recommended the appointment of Kathy (Mrs. Ron) McGraw to fill the unexpired term of James Corson to August, 1978. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the appointment of Kathy (Mrs. Ron) McGraw to the Park and Recre- ation Board for the above mentioned unexpired term. Motion carried unanimously. -2- Council Minutes June 28, 1977 (b) CONSIDERATION OF EMPLOYEES' PROBATIONARY PERIOD: 1. BASIL BELL 2. FLOYD GROEHLER 3. DOUGLAS MEIER Due to an arthritic condition, Mr. Basil Bell will be seeking different employment but will continue to work for the City on a temporary basis without the benefits of sick leave, paid vacation or paid holidays until such time as another position is found. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the permanent appointment of Floyd Groehler in the Park Department. Motion carried unanimously. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the permanent appointment of Douglas Meier in the Street Department. Motion carried unanimously. (c) CONSIDERATION OF RECOMMENDATION TO APPOINT MRS. DALE EWALD TO HOSPITAL BOARD The Hospital Board has recommended the appointment of Mrs. Dale Ewald to fill the five-year term of the sixth board member created in Ordi- nance No. 533 (amending Ordinance No. 288). After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the appointment of Mrs. Dale Ewald to the Hos- pital Board for a five-year term to expire March, 1983. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 10/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERN- ING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZON- ING MAP (DEFERRED JUNE 14, 1977) City Engineer/Public Works Director Priebe reported that the required easement still has not been received in his office. Mayor Black deferred Ordinance No. 10/77 until such time as the ease- ment has been received by the City Engineer/Public Works Director. (b) RESOLUTION NO. 5977 - COMMENDING JAN CUMMING After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5977 entitled Commending Jan Cumming. Motion carried unanimously. -3- Council Minutes June 28, 1977 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF TRANSPORTATION BOARD DATED MAY 16, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF BURNS MANOR NURSING HOME DATED MAY 19, 1_977 There being no discussion, the report was ordered by the Mayor to be received for filing. (c) MINUTES OF PARK AND RECREATION BOARD DATED JUNE 1, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PROPOSED AMENDMENT TO COUNTY ZONING ORDINANCE WITH PRESENTATION BY ED HOMAN Mr. Ed Homan appeared before the Council and presented the Agricultural Land Retainment for Urban Expansion District proposal. After considerable discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, that the Hutchinson City Council go on record as approving the concept of the County Zoning Ordinance proposal and agree to meet with the Township Boards and Planning Commission to eval- uate the feasibility of the proposal. (b) CONSIDERATION OF BID FOR INSURANCE FOR INSURABLE RISKS FOR THE CITY OF HUTCHINSON (DEFERRED JUNE 22, 1977) City Attorney Schantzen reported that he, Gary Plotz, Philip Graves, Mavis Geier, and Bill Rosenow had met with Howard Madsen to review the bid submitted by Madsen Insurance Agency on June 22, 1977. Consultant William Peet had also reviewed the proposed bid. Since both the hos- pital and Burns Manor already have a malpractice policy, it was their recommendation to reject the bid for malpractice as well as public of- ficial liability for these two organizations. The Utilities will be working directly with the Madsen Agency regarding their particular needs on insurance coverage. It was the recommendation of City Attorney Schantzen, Administrative Assistant Plotz, and Insurance Consultant William Peet to accept the bid submitted by the Madsen Insurance Agency, Inc. for city risk insur- ance, with the exception of public official liability and malpractice insurance to cover the Hutchinson Community Hospital and Burns Manor Nursing Home. The Utilities coverage would be left open until such time -4- Council Minutes June 28, 1977 as Rufus Alexander had been consulted. Howard Madsen expressed to the Council that he felt he had been treated unfairly in presenting his bid on the specifications released by the City and then have part of the "package" withdrawn. Also, he pointed out that none of the local insurance agents had been consulted for help in preparing the specifications, which he felt were difficult to follow. Mayor Black commented that the next time the City prepares insurance specifications for bid, it will consult with local insurance agents. The motion was made by Alderman Haag, seconded by Alderman B. Peterson, that the bid submitted by Madsen Agency, Inc. for city risk insurance be approved, with the exception of malpractice and public official lia- bility insurance coverage for the Hutchinson Community Hospital and Burns Manor Nursing Home and that the Utilities Commission work with Madsen Agency to determine their particular needs. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR FUNDING UNDER MINNESOTA DEPARTMENT OF AGRICULTURE SHADE TREE PROGRAM Community Development Director Pauley reported that this year's program has two types of funding. The sanitation program on public properties is for $15,900, and the state pays 45% of the cost. The replanting pro- gram is for $3,500, of which the state pays 50% of the cost. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the application and waive reading and adopt Resolution No. 5978 entitled Resolution Authorizing the Submission of An Application for Funding under the Minnesota Department of Agriculture Shade Tree Program. Motion carried unanimously. (b) CONSIDERATION OF CIVIL DEFENSE SIREN BID BOND EVALUATION Chief of Police O'Borsky reported in a memorandum to the Council that he had been in contact with the bidder of the siren contract, Weber & Troseth Company. He was told that nothing more could be done to speed up the process of making the City's civil defense siren system opera- tional. Mr. Wayland of Weber & Troseth Company promised Chief O'Borsky that the siren system would be completely operational by July 13, 1977. It is the recommendation of Chief of Police O'Borsky to "patiently" wait. (c) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY SHELL SERVICE STATION After discussion, it was moved by Alderman Haag, seconded by Alderman -5- Council Minutes June 28, 1977 B. Peterson, to approve the application by Shell Service Station and issue a cigarette license. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR RETAIL "OFF -SALE" NON -INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY HUTCHINSON WAREHOUSE GROCERY After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the application by Hutchinson Warehouse Grocery and issue an "Off -Sale" Non -Intoxicating Malt Liquor License. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY HUTCHINSON WAREHOUSE GROCERY After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to approve the application by Hutchinson Warehouse Grocery and issue a cigarette license. Motion carried unanimously. (f) CONSIDERATION OF AIRPORT CONTRACT RENEWAL FOR THREE YEARS WITH FAVOR- ABLE RECOMMENDATION OF AIRPORT COMMISSION Following discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to approve the renewal of the Airport Contract with fav- orable recommendation of the Airport Commission and to enter into a con- tract with New Ulm Flight Service, Inc. for a three year period. Motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GORDON FRANK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Gordon Frank appeared before the Council and reported that his proposed used car sales lot would be at the present location of Woody's Drive In. His intention is to do minor remodeling to the restaurant and use it as a maintenance repair area. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5979 entitled A Resolution Granting Conditional Use Permit Under Section 5.01 of the 1975 Zoning Ordinance to Allow for Used Car Sales Lot. Motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HILTON SCHUETTE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After consideration, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5980 entitled A Resolution Granting Conditional Use Permit Under Section 5.01 of the 1975 Zoning Ordinance to Allow for Garage Expansion. Motion carried unanimously. Council Minutes June 28, 1977 (i) CONSIDERATION OF REQUEST FOR REZONING FROM R-2 TO C-4 SUBMITTED BY H. H. LEPEL AND CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Haag, seconded by Alder- man B. Peterson, to waive first reading of Ordinance No. 16/77 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map (H. H. Lepel), and set second reading for July 12, 1977. Motion carried unanimously. (j) CONSIDERATION OF REQUEST FOR AMENDMENT TO ZONING ORDINANCE TO ALLOW VARIANCES FOR SIGNS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Community Development Director Pauley explained that there is a need for an amendment to the Zoning Ordinance inasmuch as it does not make allowances for variances for signs. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive first reading of Ordinance No. 17/77 entitled Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchin- son and Official Zoning Map to Allow Variances for Signs, and set second reading for July 12, 1977. Motion carried unanimously. (k) CONSIDERATION OF MUNSELL'S PRELIMINARY AND FINAL PLAT SUBMITTED BY JEFF MUNSELL AND DENNIS RIEDEL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5981 entitled Resolution Giving Approval of Final Plat of Munsell Property. Motion carried unanimously. (1) CONSIDERATION OF REFUSE CONTRACT WITH JAMES JUNKER SANITATION SERVICE Mayor Black reported that over the past two or three months the City has contacted all parties showing an interest in providing sanitation service for the City of Hutchinson. Four different groups presented a proposal to the City Council, but they felt Junker Sanitation offered the best service. The three-year contract includes an optional renewal caluse with renegotiable rates and a provision to provide arbitration of disputes. Also, a 500, per month increase over three years (from $3.25 to $3.75 per month) is included in the contract. Following discussion, it was moved by Alderman Haag, seconded by Alder- man B. Peterson, to authorize the Mayor and City Clerk to sign the three-year contract with James Junker Sanitation Service. Motion car- ried unanimously. City Engineer/Public Works Director Priebe requested that a meeting be held between City staff, City Attorney and Junker Sanitation Service to determine details on water billing. -7- Council Minutes June 28, 1977 City Attorney Schantzen suggested that calls from residents be reported to City Hall so that someone could follow-up on missed pick-up or com- plaints. (m) CONSIDERATION OF REQUEST FOR REZONING OF LOTS 11, 12 AND 15 OF AUDITOR'S PLAT BY COKE PLANT WITHOUT FAVORABLE APPROVAL OF PLANNING COMMISSION After considerable discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to reject the request for rezoning upon the recommendation of the Planning Commission. Motion carried unanimously. (n) CONSIDERATION OF IMPROVEMENTS TO FRONT COUNTER AT CITY HALL Administrative Assistant Plotz recommended the quotation for improve- ments to the front counter at City Hall that did not include the Dutch door, in the amount of $880.50. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the quotation of $880.50 without the Dutch door and proceed with the improvements to the front counter. Motion carried unanimously. (o) CONSIDERATION TO ADVERTISE FOR BIDS ON GROUP INSURANCE COVERAGE FOR CITY EMPLOYEES Administrative Assistant Plotz reported that State Statute requires ad- vertising for bids every five years before entering into a contract. Ne, therefore, recommended the City advertise for bids on group insur- ance coverage for City employees. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to authorize the City Clerk to advertise for bids on group insurance coverage for City employees. Motion carried unanimously. (p) CONSIDERATION OF REQUEST FOR SALARY INCREASE FOR MRS. JILL (DAVE) NELSON AND JEFF MCKAY Rod Keith, Director of Recreation, requested a salary increase for Mrs. Jill Nelson who is teaching in the youth tennis program. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the salary increase for Mrs. Jill (Dave) Nelson upon the recommendation of the Recreation Director. Motion carried unanimously. Mayor Black presented the recommendation of Rod Keith, Recreation Direc- tor, for a salary increase for Jeff McKay, Assistant Recreation Director. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to approve the salary increase for Jeff McKay upon the recommendation of the Recreation Director. Motion carried unanimously. Council Minutes June 28, 1977 (q) CONSIDERATION OF PEDESTRIAN CROSSWALKS IN AREA OF HIGHWAY 15 SOUTH City Engineer/Public Works Director Priebe reported that the request submitted by the Hutchinson Safety Council for pedestrian crosswalks in the area of Highway 15 South should be referred to the State Depart- ment. epart- ment. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to refer the request of the Hutchinson Safety Council to the City Engineer for proper action. Motion carried unanimously. (r) CONSIDERATION OF PURCHASE OF BLOOD CHEMISTRY ANALYZER MACHINE BY COMMUNITY HOSPITAL IN THE AMOUNT OF $14,875 Alderman Haag commented on the blood analyzer machine that the hospital wishes to purchase and pointed out that it can do more procedures at a faster rate than the present staff can do. The instrument was budgeted so funds are available to pay for the purchase. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the purchase of the blood chemistry analyzer machine in the amount of $14,875.00 from Electro -Nucleonics, Inc., Fairfield, New Jersey, upon the recommendation of the Hospital Board and the City Attorney. Motion carried unanimously. (s) CONSIDERATION OF PROJECT 76-01, SAFETY LANE IMPROVEMENTS, TRUNK HWY. 15 City Engineer/Public Works Director Priebe reported that the work on Project 76-01 is finished. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to authorize partial payment of the $55,989.70 total amount due on Project 76-01, Safety Lane Improvements, Trunk Highway 15. Motion carried unan- imously. (t) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY WOODY'S DRIVE-IN After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the application and issue a cigarette license to Woody's Drive -In. Motion carried unanimously. (u) CONSIDERATION OF LEASE TO RENT OFFICE SPACE TO MCLEOD COUNTY SHERIFF'S OFFICE IN OLD ARMORY After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to authorize the City Clerk to sign a lease with the McLeod County Sheriff for office space in the Old Armory. Motion carried unanimously. Mem Council Minutes June 28, 1977 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the City has received notification that the City's population figure of 9,546 for the year 1977 has not been approved by the State Demographer's Office. The State presently cites the 1975 revenue sharing estimate of 8,267. He and Clarence Simonowicz are planning to meet with Hazel Reinhardt, State Demographer. Mr. Plotz commented that interviews have been held with several candi- dates for the Liquor Store Manager position. Most likely a recommen- dation will be presented to the next Council meeting. He further re- ported that interviews for City Accountant/Controller will be held on Friday, July 1, 1977. Administrative Assistant Plotz informed the Council that Mr. Jerry Brown of Brown Greenhouse has applied for a sign permit. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black drew attention to a petition received from property owners in the area of the Linden Avenue and Merrill Street warehouses in which a request is presented that the City Council have the warehouses removed. He then commented that the owner can be forced to clean up around the building, but nothing else can be done unless the owner wishes to sell his property. Mayor Black instructed City Attorney Schantzen and City Engineer/Public Works Director Priebe to meet with the owners of the two warehouses and see what agreement can be reached. A report will be brought to the City Council at a future meeting. (c) COMMUNICATIONS FROM ALDERMAN HAAG Alderman Haag reported that the new medical facility at the Hospital will be ready for an October 1, 1977 opening. The completion date is ahead of schedule. (d) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported that the Street Department needs to order 300 trees at approximately $9.50 a tree. A part of the cost will be covered by the grant funds received by the City. Mr. Priebe informed the Council that he will be receiving a resignation in the Engineering Department, and he hopes to have a recommendation for a replacement for the next Council meeting. The first pour was made at the School Road Bridge on Monday, June 27, -10- Council Minutes June 28, 1977 1977. Also, the underground work was completed at Second Avenue and Jefferson, and the schedule calls for going in this week to shoot the area with oil to cut the dust until the road is finished. (e) COMMUNICATIONS FROM LITTLE CROW ARCHERY CLUB FOR'. RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE A representative of the Little Crow Archery Club appeared before the Council and requested a license to sell "on -sale" non -intoxicating malt liquor during their State Meet of Target Championship July 9 and 10, 1977, to be held at the West River Park. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the application and issue a license contingent upon the required fee being paid and all safety requirements being met. Motion carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 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. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:45 P.M. on motion by Alderman Haag, seconded by Alderman B. Peterson. Motion carried unanimously. -11-