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07-26-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 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, Haag, and K. Peterson in addition to Mayor Black. Absent: Alderman Westlund. Also present were: Adminis- trative Assistant Plotz, City Engineer/Public Works Director Priebe, Com- munity Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend James Leschensky of the Faith Luth- eran Church. 3. MINUTES On motion by Alderman K. Peterson, seconded by Alderman Haag, the minutes of the Special Meeting of July 12, 1977, Regular Meeting of July 12, 1977 and Special Meeting of July 25, 1977 were approved unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 5987 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5987 entitled Transferring $10,000 from Liquor Store to General Fund. Motion carried unanimously. (b) ORDINANCE NO. 19/77 - ORDINANCE AMENDING SECTION 302:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED FIRE ZONES AND BURN- ING REGULATIONS After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive second reading and adopt Ordinance No. 540 entitled Ordinance Amending Section 302:00 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Fire Zones and Burning Regu- lations. Motion carried unanimously. N Council Minutes July 26, 1977 (c) ORDINANCE NO. 20/77 - (ORDINANCE PROHIBITING THE CONSUMPTION OF NON - INTOXICATING MALT LIQUOR AND/OR ALCOHOLIC BEVERAGES IN CITY PARKS AFTER 10:00 P.M.) City Attorney Schantzen requested the second reading of Ordinance No. 20/77 be deferred. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the second reading of Ordinance No. 20/77 to the August 9, 1977 Council meeting. Motion carried unanimously. (d) RESOLUTION NO. 5988 - COMMENDING LAUREL OLSON After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5988 entitled Commending Laurel Olson. Motion carried unanimously. (e) RESOLUTION NO. 5990 - RESOLUTION AUTHORIZING STEP -GRADE CLASSIFICATION CHANGE After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5990 entitled Resolution Authorizing Step -Grade Classification Change. Motion car- ried unanimously. (f) RESOLUTION NO. 5991 - RESOLUTION ACCEPTING BID, 1977 IMPROVEMENTS, PROJECT 77-35 After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5991 entitled Resolution Accepting Bid, 1977 Improvements, Project 77-35. Motion car- ried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF BURNS MANOR MUNICIPAL NURSING HOME DATED JUNE 23, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON PLANNING COMMISSION SPECIAL MEETING DATED JUNE 6, 1977, JUNE 21, 1977 AND SPECIAL MEETING JULY 6, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF HUTCHINSON COMMUNITY HOSPITAL DATED MAY 17, 1977, SPECIAL MEETING MAY 24, 1977, AND JUNE 21, 1977 -2- Council Minutes July 26, 1977 Alderman Haag reported that the new addition on the hospital is almost finished, and the driveway and parking area is to be blacktopped this week. The completion date is set for August 15, and no later than Sep- tember 1, 1977. The Hospital received an excellent review from the Board of Review dur- ing their recent inspection, especially on an area in the kitchen which received outstanding mention. Alderman Haag commented that the new ambulance is supposed to be de- livered Thursday or Friday of this week. Also, a decision was made not to include a pharmacy in the new addition of the hospital. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PARKING METER STUDY A parking meter study revealed that the parking meter revenue and fines have been declining over the past three years while the costs have been increasing. After considerable discussion, it was the consensus of the Council that the fine schedule be revised as follows: if paid within 48 hours, $1.00; if not paid within 48 hour period, $3.00; if not paid within five days after reminder letter is sent from Police Department, $6.00. Revenue from the parking meter fund goes toward paying off the bonds for the two off-street parking lots on Franklin Street South, and at present the revenue received is not adequate to serve this purpose. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive first reading of Ordinance No. 23/77 entitled Ordinance Amending Section 720:60 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Parking Meters - Violations, and set second reading for Aug- ust 9, 1977. Motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR REZONING FROM R-2 TO C-4 THE 40 ACRE PROPERTY ACROSS FROM PLAZA 15 SHOPPING CENTER WITH FAVORABLE RECOMMEN- DATION OF PLANNING COMMISSION (DEFERRED JULY 12, 1977) After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive first reading of Ordinance No. 18/77 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map and set second reading for August 9, 1977. Motion carried unanimously. (c) CONSIDERATION OF PROPOSED CHANGES IN SCHOOL SIGNS AROUND ELEMENTARY SCHOOL Chief of Police O'Borsky presented a follow-up report to the Council on the prices of signs as proposed for Step I of the school safety survey. He further recommended the Scotchlite sign over the beaded- reflectorized sign inasmuch as it is more visible. The cost of the -3- Council Minutes July 26, 1977 signs, approximately $692.90, would be split three ways between the City, school and county. The signs would read "25 M.P.H. When Child- ren Are Present in School Zone." After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the proposed changes in school signs around the Elementary School. Motion carried unanimously. (d) CONSIDERATION OF BIDS FOR INTEREST ON "1977 BONDS", CLOSING, AND PLEDGED SECURITIES Administrative Assistant Plotz reported that the Citizens Bank & Trust of Hutchinson bid the same interest rate as the two Twin Cities banks. He and City Attorney Schantzen made the closing for the 1977 bonds on July 14, 1977. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5989 entitled Resolution Approving Securities for Collateral from Citizens Bank & Trust Co. of Hutchinson, Minnesota. Motion carried unanimously. (e) CONSIDERATION OF LIQUOR LIABILITY INSURANCE SURVEY Administrative Assistant Plotz presented the results of a liquor lia- bility insurance survey that was taken of 12 towns in Minnesota. Hutch- inson was considerably higher in its requirements. After due deliberation, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to amend the City's liquor ordinance by reducing the liability insurance policy coverage requirements to $100,000 per injured person and $300,000 per accident or occurrence, and waive first reading of Ordinance No. 21/77 entitled Ordinance Amending Section 806:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Intoxi- cating Liquor, Administration. The second reading will be set for Aug- ust 9, 1977. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF AMENDING DOG ORDINANCE Chief of Police O'Borsky requested the dog ordinance be amended to in- clude a statement that the owner produce proof of vaccination, includ- ing rabies and distemper, at time dog license is purchased. Also, he thought a statement should be added about impounding biting dogs at owner's expense for a period of not less than 10 days. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the amendment of the dog ordinance and waive first reading of Ordinance No. 22/77 entitled Ordinance Amending Sec- tion 1015 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Dogs. The second reading was set for August 9, 1977. Motion carried unanimously. -4- Council Minutes July 26, 1977 (b) CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATION WITH FAVORABLE RECOMMENDATION OF AIRPORT COMMISSION Community Development Director Pauley reported that the Airport Com- mission recommends adoption of the agreement and resolution for state aid for airport maintenance and operations for fiscal year 1978 and 1979. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the recommendation of the Airport Commission and waive reading of Resolution No. 5993 entitled Resolution for State Aid for Maintenance and Operation of Airport and enter into agreement. Motion carried unanimously. (c) CONSIDERATION OF CITY WELLS City Engineer/Public Works Director Priebe reported that every five years the City's wells are inspected due to the high iron content, and well No. 4 is due for an inspection. Funds are available in the budget that could be used for this purpose. He requested the Council's author- ization to proceed with the inspection at a cost of approximately $6,500. Mayor Black recommended that the well inspections be made a part of the budget for expenses and budgeted every year on a regular basis. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to ap- prove the request for inspection of well No. 4. Motion carried unani- mously. (d) CONSIDERATION OF REMODELING IN POLICE DEPARTMENT Chief of Police O'Borsky expressed a need for more space and privacy in the Police Department. He then presented a remodeling proposal which would add three private office spaces with doors to the Police Department. An estimate of $2,700 for the work had been received from Clyde Gregor of Hutchinson, and the remodeling would begin September 1, 1977. Mayor Black commented that the City Council had approved remodeling in the Police Department at a meeting in May, 1976, but the work was never started. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to grant approval to the remodeling of the Police Department at an esti- mated cost of $2,700. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY J. L. SELLE, CONTINUED FROM JUNE 21, 1977 PUBLIC HEARING, WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION -5- Council Minutes July 26, 1977 Community Development Director Pauley reported that inasmuch as Mr. Selle had not met with the staff yet as instructed by the Planning Commission, the request for a Conditional Use Permit will be deferred at this time. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the above stated request for a Conditional Use Permit to the next Council meeting. Motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HUTCHINSON CHAMBER OF COMMERCE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5994 entitled Resolution Granting Variance from Section 7.09 of Zoning Ordinance to Install a Canopy on Front of Chamber of Commerce Building. Motion car- ried unanimously. (g) CONSIDERATION OF REQUEST FOR REVISED FINAL PLAT - STONEY POINT SECOND ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5995 entitled Resolution Giving Approval of Final Plat of Stoney Point Second Addition. Motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY INDE- PENDENT SCHOOL DISTRICT NO. 423 WITH FAVORABLE RECOMMENDATION OF PLAN- NING COMMISSION The Independent School District No. 423 has purchased the old Utilities garage on Highway No. 7 to be used for educational purposes. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5996 entitled Resolution Granting Conditional Use Permit under Section 6.07B of 1975 Zoning Ordinance to Allow Independent School District No. 423 to Use Old Utilities Commission Garage on Hwy. 7 for Educational Purposes. Motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR LUND'S FIRST ADDITION SUBMITTED BY ORVILLE LUND ET AL WITH FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION Community Development Director Pauley presented a drawing of the plat under consideration. Mayor Black objected to the screening berm being considered as a parks and playgrounds contribution. The developers then agreed to provide the berm in addition to the full contribution. Council Minutes July 26, 1977 10. It was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5997 entitled Resolution Giv- ing Approval of Preliminary and Final Plat for Lund's First Addition. Motion carried unanimously. (j) CONSIDERATION OF REPLACEMENT PUMPS AT STONEY POINT LIFT STATION City Engineer/Public Works Director Priebe reported that when the orig- inal pumps were installed at Stoney Point eight years ago, it was anti- cipated they would have to be replaced with larger pumps as development progressed in that area. The replacement pumps will cost $4,571.85, and Mr. Priebe recommends they be installed this year before develop- ment is completed. It was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve the installation of replacement pumps at the Stoney Point lift station. Motion carried unanimously. (k) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY MCLEOD COUNTY AGRICULTURE SOCIETY After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the application and issue a cigarette license. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY MCLEOD COUNTY AGRICULTURE SOCIETY After discussion, it was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to approve application and issue license. Motion carried unanimously. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the State of Minnesota has raised the motor vehicle license fees from $1.00 to $1.50. This will give the City additional revenue. Another employee will be added to the City Clerk's office to fill the vacancy created when Lillian Michaels transferred to water billing clerk and will have the responsibility of receptionist/cashier. Mr. Plotz commented that Kenneth Merrill, City Accountant/Controller, began his duties on Monday, July 25, 1977. On Wednesday, July 27, 1977, Mr. Plotz and Kenneth Merrill will be attending a meeting in Crystal of the LOGIS Board of Directors, at which time they will be voting on Hutchinson's membership in the com- puter system. -7- Council Minutes July 26, 1977 The budget worksheets have been distributed to all of the department heads, and they are to be completed by Wednesday, August 3. Mr. Plotz reported that a log of refuse complaints is being kept, and 30 complaints have been received since June 29. A special City Council meeting will need to be called for Thursday morning, July 29, at 9:00 A.M. to discuss the bids recently received for employee group insurance. (b) VISIT OF JAPANESE STUDENTS A delegation of Japanese students from Kimitsu, Japan, visited the Council meeting. While one student read a greeting from their mayor in Japanese, another student read an English translation. Mayor Black was presented with a gift of a Japanese fan and several booklets on their city. (c) COMMUNICATION FROM MAYOR Mayor Black commented on the emphasis being placed on facilities for the handicapped and addressed City Engineer/Public Works Director Priebe on his findings regarding the cost of curbs for handicapped. Mr. Priebe responded that he didn't have figures yet but should have them by the next meeting. Discussion was given to a suitable location for marked parking spaces for the handicapped. The parking space in front of the Hutchinson Hotel which is marked for bus loading was considered as a possible site. Also, consideration was given to space along Washington just off Main Street. Mayor Black made reference to the memorandum written by City Engineer/ Public Works Director Priebe regarding storm sewer water problems dur- ing the heavy rainfall on July 23. He commented that during the con- struction season the City should consider working on the area of Fifth Avenue S.E. and construct a larger trunk line. Mention was made of the Coalition of Outstate Cities meeting on Aug- ust 12, 1977, in Owatonna. The topic for discussion will cover tax increment finance. Mayor Black recommended the appointment of Paul W. Christen to the Planning Commission to fill the unexpired term of Laurel Olson to March 31, 1980. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the appointment of Paul W. Christen to the Planning Commission for the above stated unexpired term. Motion carried unanimously. Council Minutes July 26, 1977 (d) COMMUNICATION FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported that the engineer- ing van has been delivered. However, the light for on top of the van has not come yet, but the company wants a release of the check the City is holding. Mr. Priebe asked for authorization to release said check. It was the consensus of the Council that the check should be released. Assistant Public Works Director Roberts has been test driving a used 1966 Chevrolet pick-up. The truck costs $750 from Myron Wigen Chev- rolet and is in good condition. It is Mr. Priebe's recommendation that the City purchase this truck for use in the cemetery. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the purchase of a 1966 Chevrolet pick-up at $750 from Myron Wigen Chevrolet. Motion carried unanimously. City Engineer/Public Works Director Priebe requested adoption of a resolution to call for a report on improvement of School Road from McDonald's Drive to T.H. #7 for construction of curb and gutter, bitum- inous surfacing and sidewalk improvements. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5992 entitled Resolution Ordering Preparation of Report on Improvement. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:25 P.M. on motion by Alderman Haag, seconded by Alderman K. Peterson. Motion carried unanimously. 1ROM