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08-23-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 23, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M. with the following members present: Aldermen K. Peterson and Westlund in addition to Mayor Black. Absent: Aldermen Haag and B. Peterson. Also present were: Admin- istrative Assistant Plotz, City Engineer/Public Works Director Priebe, Com- munity Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION In the absence of a pastor to give the invocation, Mayor Black called for a time of silent prayer. 3. MINUTES On motion by Alderman Westlund, seconded by Alderman K. Peterson, the minutes of the Regular Meeting of August 9, 1977 and Special Meeting of August 17, 1977 were unanimously approved. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERING THE ISSUANCE OF "ON -SALE" INTOXICATING LIQUOR LICENSE TO DAROLD STUTELBERG, OWNER OF CHALET SUPPER CLUB Mayor Black opened the Public Hearing at 8:00 P.M. by reading the Notice of Hearing, Publication No. 1973, Considering the Issuance of an "On - Sale" Intoxicating Liquor License to Darold Stutelberg, Owner of the Chalet Supper Club. There being no one present wishing to be heard, the hearing was declared closed at 8:03 P.M. on motion by Alderman Westlund, seconded by Alder- man K. Peterson, and carried unanimously. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the application and issue a license for "On -Sale" Intoxicating Liquor License to Darold Stutelberg for the period August 15, 1977 to March 31, 1978, contingent upon a surety bond and liability insurance coverage being provided and the required pro -rated license fee paid. Motion carried unanimously. (b) CONSIDERING USE OF GOVERNMENTAL REVENUE SHARING ENTITLEMENT FUNDS At 8:05 P.M. Mayor Black called to order the Public Hearing for Publi- cation No. 1974, Consideration of Possible Uses of Government Revenue Sharing Entitlement Funds. Council Minutes August 23, 1977 There being no one present wishing to be heard, the hearing was de- clared closed at 8:06 P.M. on motion by Alderman Westlund, seconded by Alderman K. Peterson, and carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY ERIC SMITH TO TRANSFER $2,700 AS BUDGETED TO FIRE RELIEF After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the transfer of $2,700 to the Fire Re- lief fund. Motion carried unanimously. (b) CONSIDERATION OF REQUEST TO ATTEND CHIEFS -OF -POLICE CONVENTION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the request of Chief of Police O'Borsky to attend the IACP annual conference in Los Angeles October 1-6, 1977. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 24/77 - ORDINANCE AMENDING SECTION 550:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED PLUMBING PERMIT FEES After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive second reading and adopt Ordinance No. 545 entitled Ordinance Amending Section 550:00 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Plumbing Permit Fees. Motion car- ried unanimously. (b) ORDINANCE NO. 25/77 - AN ORDINANCE RESTRICTING THE USE AND ACTIVITIES IN THE WEST RIVER PARK, IN THE CITY OF HUTCHINSON, MINNESOTA After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive second reading and adopt Ordinance No. 546 entitled An Ordinance Restricting the Use and Activities in the West River Park, in the City of Hutchinson, Minnesota. Motion carried unan- imously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - JULY 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. -2- Council Minutes August 23, 1977 (b) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED JULY 19, 1977 AND AUGUST 1, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF COMMUNITY DEVELOPMENT ADVISORY COMMITTEE DATED MAY 19, 1977, MAY 26, 1977 AND JULY 19, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF BURNS MANOR MUNICIPAL NURSING HOME DATED JULY 20, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HANDICAP RAMPS ON MAIN STREET City Engineer Priebe reported that no funds are available in this year's budget to cover the expense of construction of handicap ramps on Main Street. It is his recommendation, therefore, to consider these ramps among the 1978 projects. (b) DISCUSSION OF DOWNTOWN DEVELOPMENT PROGRAM Alderman Westlund commented that most of the people present at the Public Hearing held August 17, 1977 regarding the Downtown Study were in favor of the project. It was suggested that a timetable be prepared to outline each phase of the program. A special meeting of the City Council will be held on September 1, 1977 at 8:00 A.M., City Hall, to act on the Downtown Development Program. 9. NEW BUSINESS (a) CONSIDERATION OF REPORT ON TRAFFIC STUDY BY GLENN GRAHN Mr. Glenn Grahn of the Minnesota State Highway Department presented a traffic study report. His study showed that areas where the City would like lower speed limits (Highway 7 West in particular - now 50 mph) do not need lower limits, using the study methods standard to the Highway Department. The City Council and City Engineer disagreed strongly with -3- Council Minutes August 23, 1977 these findings since safety and prevention of fatalities are the con- cern. Mr. Grahn said, however, that these findings will not likely be changed. Mayor Black requested a written copy of the map and traffic studies for the City's records and thanked Mr. Grahn for his report. (b) CONSIDERATION OF ANNUAL CONTRACT FOR ASSESSING IN 1978 The 1978 Annual Contract for Assessing has been proposed at $12,500. Mayor Black noted that this was a substantial increase from 1977 and instructed Administrative Assistant Plotz to write Wes Abram, County Assessor, to ask for justification of this increase. Also, Mr. Plotz should determine what comparable communities in McLeod are paying. Alderman Westlund further directed Mr. Plotz to check other cities of comparable size elsewhere in Minnesota to find their method of receiv- ing assessing services. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to defer action until the above information is available. Motion car- ried unanimously. (c) CONSIDERATION OF ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN Administrative Assistant Plotz briefly explained the Deferred Compen- sation Plan. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the plan and waive reading and adopt Resolu- tion No. 6004 entitled A Resolution Establishing a Deferred Compensation Plan for Employees of the City of Hutchinson. Motion carried unanimously. (d) CONSIDERATION OF COMMUNITY DEVELOPMENT PROPERTY ACQUISITION Community Development Director Pauley informed the Council that three parcels of property (all 66 x 132) near Park Towers have been appraised. In addition, one owner backed out of an appraisal agreement. If the Council approves, the City would offer appraised price to the owners, subject to their acceptance and negotiation based on other appraisal at their request. Mayor Black inquired if such an offer by the City might set a bench- mark for future acquisition. Mr. Pauley replied that the properties were set at different values due to the quality of structures on them, and this would vary in the future as well. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the property acquisition and waive reading and adopt Resolution -4- Council Minutes August 23, 1977 No. 6003 entitled Resolution Establishing Just Compensation. Motion carried unanimously. (e) CONSIDERATION OF INFRA -RED PHOTO DISSEMIkIATION Community Development Director Pauley reported there had been a very poor turn -out for the dissemination workshops. It seemed that only the homeowners with homes in good condition showed up. Mr. Pauley recommended a resolution of appreciation be adopted for all the assis- tance given by the Mrs. Jaycees at the Workshops. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6008 entitled Commending Hutchinson Mrs. Jaycees. Motion carried unanimously. (f) CONSIDERATION OF 1978 BID SPECIFICATIONS FOR POLICE VEHICLE The bid specifications for a 1978 police patrol vehicle were presented to the Council. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the specifications and authorize advertis- ing for bids on a 1978 police vehicle to be opened Tuesday, September 27, 1977 at 2:00 P.M. Motion carried unanimously. (g) CONSIDERATION OF SETTING ZONING FOR 1977 ANNEXATION IN CLIFTON HEIGHTS AREA WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive first reading of Ordinance No. 26/77 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 September 13, 1977. Motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR SIGN VARIANCE SUBMITTED BY HUTCHINSON CIVIC ARENA WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive reading and adopt Resolution No. 6009 entitled A Resolution Granting Variance from Section 10.05 of the Zoning Ordi- nance to Place Sign on Hutchinson Civic Arena. Motion carried unani- mously. (i) CONSIDERATION OF REQUEST FOR SIGN VARIANCE SUBMITTED BY DAKTRONICS, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive reading and adopt Resolution No. 6010 entitled -5- Council Minutes August 23, 1977 A Resolution Granting Variance from Section 10.05 of the Zoning Ordi- nance to Allow a Roof Sign. Motion carried unanimously. (j) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT LOREN'S THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6011 entitled Resolution Giving Approval of Preliminary and Final Plat of Loren's Third Addition. Motion carried unanimously. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY FORD ROLFE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive reading and adopt Resolution No. 6012 entitled A Resolution Granting Conditional Use Permit under Section 6.07 of the 1975 Zoning Ordinance to Allow for Placement of New Basement under Struc- ture. Motion carried unanimously. (1) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SUBMITTED BY LEONARD MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive first reading of Ordinance No. 27/77 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson to Allow for Public and Private Recreational Facilities and set second reading for September 13, 1977. Motion carried unanimously. (m) CONSIDERATION OF VAC -JET MACHINE City Engineer/Public Works Director Priebe explained the need for a Vac -Jet machine and pointed out that there would be no need to contract for sewer cleaning services if the City owned its own machine. He re- quested authorization from the Council to prepare specifications for a Vac -Jet machine. After discussion; it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to authorize the preparation of specifications for a Vac -Jet machine. 'Motion carried unanimously. (n) CONSIDERATION OF APPLICATION FOR LAWCON GRANT FOR OUTDOOR TENNIS COURTS Alderman Westlund stated that more information is needed on the cost of new tennis courts before a decision can be made to apply for a LAWCON Grant. Although Mayor Black and Alderman Westlund have reservations as to the real need for more tennis courts, Alderman K. Peterson stated that "l0 Council Minutes August 23, 1977 the Park and Recreation Board as well as some citizens feel they are needed. Assistant Public Works Director Roberts commented that new courts would need better planning for access than the present ones. The consensus of the Council was that more information is needed before a decision can be reached. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to defer action on outdoor tennis courts. Motion carried unanimously. (o) CONSIDERATION OF RESIGNATION OF DONALD PAULEY Mayor Black made reference to the resignation letter from Community Development Director Pauley and indicated it was received with regret. He extended the best wishes of the Council to Mr. Pauley as he takes the position of City Coordinator for Stewartville, Minnesota. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to accept the resignation of Donald F. Pauley as Community Development Di- rector for the City of Hutchinson, effective September 30, 1977. Motion carried unanimously. (p) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS After discussion, it was decided that City Engineer/Public Works Director Priebe will mail three different letters to owner/renter, owner occupied, and new owner of property with delinquent account informing them that services will be disconnected if payment is not received by September 15, 1977. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to disconnect water services if payment is not received by September 15, 1977. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on the Basic Budgeting Course that he and Ken Merrill, City Accountant, had attended on August 18, 1977. The requested changes within the contract for the Civic Arena have now been made, and a meeting will be held on August 25, 1977 at 2:30 P.M. with Ralph Neumann and Dale Birkeland to hopefully finalize the arrange- ments. Mr. Plotz and Dorothy Smith will be attending a refresher course on election procedures for this fall's elections in Litchfield on August 24, 1977. -7- Council Minutes August 23, 1977 On August 11, 1977 Mr. Plotz and Ken Merrill made a presentation to the Intergovernmental Information System Advisory Council requesting state funding of telephone expenses and first year membership, associated with the LOGIS system. The request was subsequently approved by the State Commissioner of Administration, and the City of Hutchinson has been awarded a grant totaling $13,500 for a one-year funding for operating membership expenses and a two-year grant for funding of long distance telephone expenses. Mr. Plotz reported that the computer terminal should be installed at City Hall on or about September 1, 1977. Mention was made that the Third Annual Appreciation Picnic will be held August 24, 1977, starting at 5:30 P.M. As in the past, employees, boards, commissions, and their spouses (or guests) have been invited. Approxi- mately 250 individuals have indicated they will be coming. City Attorney Schantzen, City Engineer/Public Works Director Priebe and Mr. Plotz will be meeting soon to discuss the City's policy on de- linquent water accounts. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black announced with regrets the resignation of the following three members of the Housing and Redevelopment Authority: Glen Engwall, L. D. "Tip" Mills, and J. Harold Beytien. Mayor Black appointed, subject to Council ratification, the following individuals to the Housing and Redevelopment Authority: Warren Macemon for a full five-year term to 8-11-82 Everett Hantge to term of 8-11-80 (fills unexpired term of Glen Engwall) Paul Ackland to term of 8-11-81 (fills unexpired term of J. Harold Beytien) It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to ratify the appointment of Warren Macemon for a five-year term to August 11, 1982. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to ratify the appointment of Everett Hantge to fill the unexpired term to August 11, 1980. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to ratify the appointment of Paul Ackland to fill the unexpired term to August 11, 1981. Motion carried unanimously. Council Minutes August 23, 1977 (c) COMMUNICATION FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported that he has received two proposals for the removal of the brick house at West River Park. Bachman Construction 1. Demolish house and remove debris, not including basement or foundation $1,100.00 2. Demolish house, remove debris, base- ment and foundation 1,275.00 3. If backfill is required, add to bid 175.00 Juul 1. Demolish house and haul to landfill dump (not including basement walls and fill) $1,250.00 2. Demolish house and haul to landfill dump, including removing basement walls and floor, but no fill for basement 1,400.00 Mr. Priebe recommended Bachman as low bidder, if fill is considered, and it will be needed after the house is removed. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to accept the bid of Bachman Construction in the amount of $1,450.00 to remove the brick house at West River Park. Motion car- ried unanimously. (d) COMMUNICATION FROM NEIL TESSMER Neil Tessmer of 145 North Glen appeared before the Council and gave a brief verbal explanation of his request to place a fence across the dike on City property adjoining his own. He had written a letter re- questing permission and thought the item would be on the Council agenda, which it was not. The Council told Mr. Tessmer his request would be considered at the next Council meeting. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Ma Council Minutes August 23, 1977 A motion was made by Alderman Westlund, seconded by Alderman K. Peter- son, to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. Administrative Assistant Plotz requested that the Unemployment Compen- sation claims not be paid at this time inasmuch as the City plans to contest one of them. 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 K. Peterson. Motion carried unanimously. -10-