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09-27-1977 CCMe MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 27, 1977 1. CALL TO ORDER The meeting was called to order by Mayor Black at 7:30 P.M. with the follow- ing 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 Attorney Schantzen and Assistant Director of Public Works Roberts, as well as Clarence Simonowicz of C.R.S. Associates. 2. INVOCATION The invocation was given by the Reverend Ray Hinsch of the Bethany Baptist Church. 3. MINUTES On a motion by Alderman K. Peterson, seconded by Alderman Haag, the minutes of the Regular Meeting of September 13, 1977 and Special Meeting of Septem- ber 27, 1977 were unanimously approved. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF PROPOSED 1978 BUDGET The public hearing was called to order at 8:30 P.M. by Mayor Black. He pointed out that there have been additions to the 1978 budget as staff has increased and also previous grants and other types of revenues are no longer available. Mayor Black asked if there was anyone present who wished to be heard. There being no one, it was moved by Alderman Westlund, seconded by Alder- man Haag, to close the hearing at 8:35 P.M. Motion carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY GARY PLOTZ TO ATTEND ICMA CONFERENCE IN ATLANTA, GEORGIA OCTOBER 30 - NOVEMBER 3, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the request of Gary Plotz to attend the ICMA Conference in Atlanta, Georgia from October 30 to November 3, 1977. Mo- tion carried unanimously. (b) CONSIDERATION OF REQUEST TO HOLD FREE TEEN DANCE AT ELKS LODGE ON OCTOBER 7, 1977 Council Minutes September 27, 1977 After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request for a free teen dance to be held at the Elks Lodge on October 7, 1977. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6024 - COMMENDING HAZEL BASEMAN After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6024 en- titled Commending Hazel Baseman. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED AUGUST 16, 1977 AND SPECIAL MEETING DATED AUGUST 29, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (b) MINUTES OF PARK AND RECREATION BOARD DATED SEPTEMBER 7, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS DATED AUGUST 23, 1977 Alderman Haag reported on the progress of the Medical Office Building and commented that they are hopeful of moving into the building about October 15, 1977. Some of the doctors will be moving in on November 1, 1977. (d) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED SEPTEMBER 16 AND 20, 1977 Administrative Assistant Plotz reported that the Downtown Development Committee held a meeting to adopt some key motions relating to the de- velopment plan. The Committee's recommendations to the Council are on how to advertise and select a developer, with approximately October 1, 1977 as the target date to advertise. Upon motion by Alderman Westlund, seconded by Alderman K. Peterson, it was unanimously adopted to include the recommendations of the Downtown Committee to the Council Agenda for action. Clarence Simonowicz of C.R.S. & Associates distributed to the Council a summary booklet of downtown objectives that will be mailed to developers who wish to submit proposals. A flow chart was also passed out, showing -2- Council Minutes September 27, 1977 various actions necessary in selecting and working with developers. He further pointed out that November 30, 1977 will be the cut-off date for developers to submit their resume. The proposals received will be reviewed by the City Council, Downtown Development Committee, Planning Commission, and Housing and Redevelopment Authority. After the reviewal has been completed by December 31, 1977, the recommendation for a developer will be submitted in early January, 1978. Mr. Simonowicz suggested the following recommendations to the Council: 1. Approve the selection of a development process 2. Authorize the advertisement for solicitation for developer interest with cut-off date of November 30, 1977. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to adopt the Selection of a Development process. Mo- tion carried unanimously. Moved by Alderman Westlund, seconded by Alderman K. Peterson, it was adopted to advertise for a developer within the time -frame presented, approximately October 1, 1977. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to authorize Mayor Black to sign the form letter which will be sent to all potential developers. Motion carried unanimously. (e) MONTHLY FINANCIAL REPORT - AUGUST, 1977 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR LIQUOR LICENSE FEE REFUND BY ROBERT LYNCH (DEFERRED SEPTEMBER 13, 1977) City Attorney Schantzen reported that there is a statute on the law books regarding liquor license refunds; also, the Attorney General be- lieves that a refund must be issued for unused portions of a liquor li- cense. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to refund the fee for the unused liquor license pro -rata to Mr. Robert Lynch. Motion carried unanimously. (b) CONSIDERATION OF PARKING METERS Mayor Black pointed out that consideration needs to be given to seeking additional means to increase the revenues from parking meters to pay for the off-street parking lots. -3- Council Minutes September 27, 1977 Mayor Black read a letter from the Downtown Council opposing the change in the parking meter fines. He then asked where the money is to come from to pay for the operating expenses and meet the payments on the revenue bonds for the off-street parking lots. Doug Flaa, President of the Downtown Council, felt that the Downtown Development plan can do a lot for the downtown of Hutchinson, but in- creasing the fines on the parking meters could do a lot of harm to the downtown. Increasing the fines as an interim situation will only create ill -will. Mayor Black remarked that in 1976 there was a $8,000 deficit, and there will be another on this year unless something is done. The meters are not being enforced and the fee is too low for a fine. Credibility is involved in making payments on the bond since the public was promised this expense would be paid by revenues from parking meters. Both Aldermen Westlund and K. Peterson agreed that no action should be taken at this time. Rather, the Council should wait until the downtown development program gets underway and determine what needs to be done at that time. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to defer the second reading of Ordinance No. 544 entitled Ordinance Amend- ing Section 720:60 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Parking Meters - Violations and table further action at this time. The following voted yes: Aldermen Westlund, K. Peterson, and Haag; Mayor Black voted no. Motion carried with vote of 3-1. (c) CONSIDERATION OF ANNUAL CONTRACT FOR ASSESSING IN 1978 After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to authorize Mayor Black and Administrative Assistant Plotz to enter into contract with the McLeod County Assessing Office in the amount of $12,500 to do 1978 county assessing for Hutchinson. Mo- tion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF IMPROVEMENT PROJECT, JEFFERSON STREET In a memorandum from the City Engineer/Public Works Director Priebe, it was pointed out that two gas pumps on the Albrecht Oil Company property will have to be moved out of the right-of-way before the federal funds on this project will be approved. The cost of moving same is $4,278, and Mr. Albrecht has requested financial assistance from the City. In Mayor Black's opinion, this expense should be a shared cost between the City and Albrecht. -4- Council Minutes September 27, 1977 Aldermen Haag and Westlund were in agreement that the shared cost should be on a 50-50 basis. It was moved by Alderman Westlund, seconded by Alderman Haag, to share the cost of moving the two gas pumps on a 50-50 basis between the Citv of Hutchinson and Mr. Albrecht of Albrecht Oil Company with work to be done in the fall of 1977. Motion carried unanimously. (b) CONSIDERATION OF CITY -OWNED PROPERTY AT 26 FRANKLIN STREET NORTH A question was raised regarding billing for sewer service line work per- formed at 26 Franklin Street North by Mr. Carlie Karg. It was the consensus of the Council that the City would be responsible for paying the bill inasmuch as this is city -owned property. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to authorize payment by the City for the work performed by Carlie Karg at 26 Franklin Street North. Motion carried unanimously. (c) CONSIDERATION OF DUTCH ELM PROGRAM In a memorandum from Community Development Director Pauley he explained the need to cut back on the Dutch Elm program. It is his opinion that subsidy alternative Option E is the most reasonable and fair. It reads as follows: Provide a subsidy of 2/3 cost of removal up to a maximum of $50/tree. This alternative would result in City costs of slightly over $8,000 for 200 trees. This option is provided as the maximum of $50/tree is considered to be a reasonable subsidy for an average removal cost of $117/tree. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to adopt Option E as stated above and waive reading and adopt Resolution No. 6025 entitled Resolution Establishing 1977 Dutch Elm Sub- sidy Program. Motion carried unanimously. (d) CONSIDERATION OF HUD 701 GRANT, REVISED WORK PROGRAM The HUD 701 Grant Program was awarded to Hutchinson, but it is requested that the study be revised as the amount must be reduced by 15%. After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to approve the revision of the HUD 701 Grant and enter into contract with the Minnesota State Planning Agency and waive reading and adopt Resolution No. 6020 entitled A Resolution Authorizing the Filing of a Revised Work Program for a 701 Planning Grant and Entering into a Contract with the Minnesota State Planning Agency. Motion carried unani- mously. -5- Council Minutes September 27, 1977 (d) CONSIDERATION OF TRANSPORTATION BOARD RECOMMENDATIONS: 1. TRANSFER RESPONSIBILITY OF TRANSIT COORDINATOR TO ADMINISTRATIVE ASSISTANT 2. RECLASSIFICATION OF DOROTHY BRAUN AS BUS DRIVER 3. CHANGE HOURS OF BUS SERVICE 9:00 A.M. TO 5:00 P.M. EFFECTIVE OCTOBER 1, 1977 Alderman Westlund presented the three recommendations of the Transpor- tation Board as listed above. He pointed out that the costs of trans- it service are being cut considerably. Also, there will be no bus serv- ice from 12:00 noon to 1:00 P.M. during the lunch hour. Inter -connecting bus service is still being considered for the future. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the three above -stated recommendations of the Transportation Board. Motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MELVIN DOERING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Haag, with recommendation of Planning Commission to waive reading and adopt Resolution No. 6026 entitled A Resolution Granting Conditional Use Permit under Section 6.07 of the 1975 Zoning Ordinance to Allow for Con- struction of an Addition to Existing Detached Garage. Motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY FORD ROLFE WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, with recommendation of Planning Commission to waive reading and adopt Resolution No. 6027 entitled A Resolution Granting Variance from Section 6.05 of the Zoning Ordinance to Construct Addition to Truck Garage. Motion carried unanimously. (h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE TO CREATE I/C-1 DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION With favorable recommendation of the Planning Commission, it was moved by Alderman Westlund, seconded by Alderman Haag, to waive first reading of Ordinance No. 28/77 entitled Ordinance Amending Ordinance 464 of the City of Hutchinson and set second reading for October 11, 1977. Motion carried unanimously. Council Minutes September 27, 1977 (i) CONSIDERATION OF AMENDMENT TO PLAN DEVELOPMENT AGREEMENT FOR ALBERT'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Administrative Assistant Plotz presented a drawing of Albert's First Addition. Upon favorable recommendation of the Planning Commission, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6029 entitled Resolution Amending Planned Develop- ment Agreement for Albert's First Addition under Section 8.10 of 1975 Zoning Ordinance. Motion carried unanimously. (j) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY CLIFFORD H. RUSCH- MEYER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION The property in question is located in the northeast section of town. Mr. Ruschmeyer wants to construct a two -car garage where a one -car garage now exists. If this were permitted, it would only allow a three- foot variance from the garage to the side -yard boundary. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to reject the request for a variance. Motion carried unanimously. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY COLLEEN K. WILLIAMS WITH FAVORABLE RECO111MENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Westlund, to waive reading and adopt Resolution No. 6028 entitled A Resolution Granting Conditional Use Permit under Section 6.07 of the 1975 Zoning Ordinance to Allow for Construction of a Private Recreational Facility. Motion carried unanimously. (1) CONSIDERATION OF REZONING AREA NEAR HILLTOP ADDITION FROM R-1 TO R-2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive first reading of Ordinance No. 29/77 entitled An Ordi- nance Amending Ordinance No. 464 Concerning Zoning Regulations in City of Hutchinson and Official Zoning Map (Hilltop and Clark's Addition), and set second reading for October 11, 1977. Motion carried unanimously. (m) CONSIDERATION OF REQUEST FOR PETITION TO VACATE EASEMENT SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The request for a petition to vacate an easement was withdrawn. -7- Council Minutes September 27, 1977 (n) CONSIDERATION OF AMENDMENT TO PERSONNEL POLICY After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 6023 entitled Amending Resolution No. 2927, Personnel Policy. Motion carried unani- mously. (o) CONSIDERATION OF HIRING GARY FALK AS PART-TIME EMPLOYEE AT CIVIC ARENA After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the employment of Gary Falk as a part-time employee at the Hutchinson Civic Arena effective the week of September 26, 1977. Motion carried unanimously. (p) CONSIDERATION OF REQUEST FOR 1977 CHRISTMAS DECORATIONS After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to approve the request of the Chamber of Commerce for 1977 Christmas decorations in the downtown area. Motion carried unanimously. (q) CONSIDERATION OF DOWNTOWN CHRISTMAS SHOPPING AND FREE PARKING Alderman K. Peterson commented that it was a good idea, but the City cannot afford to lose the revenue from parking meters for a full month. Alderman Haag expressed regrets that the financial situation of the park- ing revenue and expenses do not permit approval of such a request. Mr. Doug Flaa asked if it would be possible for the merchants to rent a meter(s) for a certain period of time and put a meter bag over the head for free parking. Mayor Black responded that it had never been done before, but he thought the Council would be agreeable to such a plan and determine a fee if the businessmen were interested. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to reject the request for free parking in the downtown area during the Christmas -shopping period of November 25 to December 25. Motion carried unanimously. (r) CONSIDERATION TO ESTABLISH DATE FOR ADOPTION OF 1978 BUDGET, CERTIFICA- TION OF LOCAL TAX LEVY, CERTIFICATION OF SPECIAL ASSESSMENTS, AND CERTI- FICATION OF DELINQUENT WATER, SEWER AND REFUSE ACCOUNTS Administrative Assistant Plotz reported that the 1978 budget should be forwarded to the County Auditor by October 7, 1977. Council Minutes September 27, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to hold a special meeting of the City Council on Thursday, October 6, 1977 at 8:00 A.M. in City Hall for the above stated purpose. Motion carried unanimously. (s) CONSIDERATION OF 40 -HOUR WORK WEEK EMPLOYEE FOR TWO-MONTH PERIOD AT CIVIC ARENA Alderman Westlund commented that there are still some things that need to be completed at the Civic Arena to get it ready for the hockey sea- son, and the employment of an employee full-time for about a two-month period should accomplish this goal. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to approve hiring a full-time employee for two-month period at the Civic Arena. Motion carried unanimously. (t) CONSIDERATION OF INCREASING FIREMEN'S RELIEF PENSION AND REDUCING RETIREMENT AGE Messrs. Ray Plath and Roger Bluhm appeared before the Council on behalf of the Hutchinson Fire Department Relief Association. At the regular meeting of the Association, it was requested to increase the benefits for qualified retired firemen from $2.00 per month per year of service to $3.00 per month per year of service. Also, the maximum amount of years of service eligible for benefits was raised from 30 to 40 years. They would like to request the approval of the Council for these changes in the Hutchinson Fire Department Relief Association. Mayor Black asked if funds are available to support the requested changes. Mr. Bluhm responded that they are considering having an Actuarial Report prepared inasmuch as it is required to make a change in the pension. This report costs $200 and would have to be approved by the City Council. Mayor Black remarked that if there aren't sufficient funds, the City might have to levy more funds. He would prefer to see the actuarial survey first to make sure that the funds are available for the next few years before approval is given. Aldermen Haag and K. Peterson agreed that if the survey indicates funds are available, the Council will grant approval. Mr. Bluhm pointed out that the increase from 30 to 40 years requires State Legislature approval as well as City Council approval. Mayor Black instructed the Hutchinson Fire Department representatives for the Relief Association to advise the meeting on Wednesday evening that 082 Council Minutes September 27, 1977 the City Council would be favorable to the change on the relief pen- sion after the Actuarial Report has been received. The Council will defer action at this time. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the City Charter requires a change be made in the date published for filing the Affidavit of Can- didacy for City elections. The date of November 18, 1977 will be pub- lished in the Leader and posted on the front door of City Hall. Because of a revised description on the Munsell property, the State Municipal Board has chosen to hold a second hearing on September 30, 1977. (b) COMMUNICATIONS FROM MAYOR Mayor Black brought attention to a letter received from several mer- chants complaining about the condition of the property and building formerly owned by Glenn Getzke. He instructed City Attorney Schantzen to contact the owner to take care of cleaning up the property. The meeting date for the League of Minnesota Cities has been changed to October 26, 1977. Mayor Black was hopeful that some of the Council members will be able to attend. Mayor Black read a letter received from the Department of Housing and Urban Development and signed by Thomas T. Feeney, Area Director. He commented that the Aaron Wendt property acquisition needs to be con- summated in the near future. City Attorney Schantzen will work on this matter. Since bids for a 1978 police car vehicle were received this afternoon, Mayor Black asked if any recommendation was being made to the Council. It was reported that the Chief of Police and Administrative Assistant are still in the process of reviewing the bids. It was moved by Alderman Westlund, seconded by Alderman Haag, that con- tingent upon the recommendation of Chief of Police O'Borsky and Adminis- trative Assistant Plotz, the City Council approves the low bid of Plow- man's for a 1978 LTD Ford in the amount of $5,365, which includes the trade-in of a 1975 Ford police car. Motion carried unanimously. Mayor Black commented on a letter received from Clara Slama, 115 Glen South, regarding sale of her property. He has talked to her before -10- Council Minutes September 27, 1977 about the downtown plan of acquiring property, which would include hers, but no definite time can be placed on the acquisition. It was suggested by Alderman Westlund that Administrative Assistant Plotz write a letter to Mrs. Slama. (c) COMMUNICATIONS FROM ROY THOMPSON Mr. and Mrs. Roy Thompson appeared before the Council and expressed con- cern for handicap curb cuts to be placed in the downtown area of Hutch- inson. Since Mrs. Thompson is confined to a wheelchair, she had talked to Mayor Black previously about this matter and asked that it be in- cluded in the 1978 budget. Mayor Black commented on the previous conversation he had had with Mrs. Thompson and gave a brief report on what the City Council had discussed on this issue. City Engineer Priebe determined that the cost for curb cuts from First Avenue North up to First National Bank would be about $6,000. Since there were no funds available to cover this expense, it was decided to put the item into the 1978 improvement project. Mr. Thompson presented Administrative Assistant Plotz with a copy of the Uniform Building Code, Chapter 55, Facilities for the Handicapped for reference and the file. 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. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:58 P.M. on motion by Alderman Westlund, seconded by Alderman Haag. Motion carried unanimously. -11-