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12-26-1979 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 26, 1979 1. CALL TO ORDER The meeting was called to order by Mayor D. J. Black at 7:30 P.M., with the follow- ing members present: Aldermen Westlund, Peterson, Gruenhagen and Huntwork, in addi- tion to Mayor Black. Absent: None. Also present were: City Engineer/Public Works Director Priebe and City Attorney Schantzen. 2. INVOCATION The invocation time was given to silent prayer due to the absence of a pastor. 3. MINUTES The minutes of the Regular Meeting of December 11, 1979 and Special Meeting of December 18, 1979 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Huntwork and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TWO HANDICAPPED PARKING SIGNS AT ENTRANCE OF NATIONAL GUARD ARMORY Mayor Black stated that the request received from the Nutrition for the Elderly for installation of two handicapped parking signs directly in front of the en- trance at the National Guard Armory would have to be directed to the National Guard for action. This is federal property and out of the jurisdiction of the Council. (b) CONSIDERATION OF REQUEST FOR A FUND RAISING "FUN RUN" ON MAY 10, 1980 After discussion, it was moved by Alderman Westlund to approve a fund raising "Fun Run" on May 10, 1980 on behalf of the American Heart Association, Minne- sota Affiliate, Inc. The motion was seconded by Alderman Peterson and unani- mously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/79 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "STOP STREETS" BY ADDING SUBD. NO. 13 THERETO RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" 0 Council Minutes December 26, 1979 Following discussion, the motion was made by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to waive the second reading and adopt Ordinance No. 589 entitled Ordinance Amending Section 710:10 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Stop Streets" by Adding Subd. No. 13 Thereto Relative to "Traffic, Local Regulations." (b) RESOLUTION NO. 6463 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, Alderman Peterson moved to waive reading and adopt Resolution No. 6463 entitled Transferring $10,000 from Liquor Store to General Fund. Sec- onded by Alderman Westlund, the motion unanimously carried. (c) RESOLUTION NO. 6462 - TRANSFERRING INTEREST EARNED FROM WATER/SEWER FUND TO GENERAL FUND Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt Resolution No. 6462 entitled Transferring Interest Earned from Water/Sewer Fund to General Fund. (d) RESOLUTION NO. 6458 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT to PROJECT 80-01 After discussion, the motion was made by Alderman Huntwork to waive reading and adopt Resolution No. 6458 entitled Resolution Ordering Preparation of Re- port on Improvement Project 80-01. The motion was seconded by Alderman Gruen- hagen and carried unanimously. (e) RESOLUTION NO. 6460 - RESOLUTION RECEIVING REPORT AND CALLING HEARING ON PROJECT 80-01 Following discussion, Alderman Westlund moved to waive reading and adopt Reso- lution No. 6460 entitled Resolution Receiving Report and Calling Hearing on Project 80-01. Seconded by Alderman Gruenhagen, the motion unanimously carried. (f) RESOLUTION NO. 6459 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT 80-02 After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to waive reading and adopt Resolution No. 6459 entitled Resolution Ordering Preparation of Report on Improvement Project 80-02. (g) RESOLUTION NO. 6461 - RESOLUTION RECEIVING REPORT AND CALLING HEARING ON PROJECT 80-02 Following discussion, the motion was made by Alderman Peterson to waive read- ing and adopt Resolution No. 6461 entitled Resolution Receiving Report and -2- Council Minutes December 26, 1979 Calling Hearing on Project 80-02. The motion was seconded by Alderman Hunt - work and unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF NURSING HOME BOARD DATED NOVEMBER 29, 1979 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (b) MINUTES OF HOSPITAL BOARD DATED NOVEMBER 20, 1979 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MONTHLY FINANCIAL REPORT - NOVEMBER 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (d) MINUTES OF TRANSPORTATION BOARD DATED NOVEMBER 14, 1979 AND DECEMBER 12, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED NOVEMBER 20, 1979 AND SPECIAL MEETING OF DECEMBER 4, 1979 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF DOWNTOWN DEVELOPMENT BOARD DATED NOVEMBER 20, 1979 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BIDS FOR USED CITY VEHICLES (DEFERRED DECEMBER 11, 1979) City Engineer/Public Works Director Priebe reported bids were received today for used city vehicles, and it was his recommendation to award bids to the following: -3- Council Minutes December 26, 1979 Willard Exsted, Glencoe Donald Farenbaugh, Hutchinson James Stueber, Cosmos Wayne Kenning, Hutchinson 1947 Ford 1-1/2 Ton $157.50 (Old Oiler) 1957 Ford 1-112 Ton 226.00 1955 Ford 1-1/2 Ton 402.00 1970 Dodge Pickup 180.07 Following discussion, the motion was made by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried, to approve selling the used city vehicles and award bids to the above named individuals. (b) DISCUSSION BY CITY ATTORNEY ON REFERENDUM FOR POLICE/FIRE STATION (DEFERRED DECEMBER 11, 1979) Discussion on the referendum for the Police/Fire Station was deferred at this time. (c) CONSIDERATION OF SLUDGE DISPOSAL PLAN City Engineer/Public Works Director Priebe reported on the details provided by RCM on the sludge disposal plan. The total cost for RCM services will not exceed $4,000 without prior City approval, with additional services requested but not covered in the agreement to be invoiced. It was his recommendation to approve the agreement with RCM. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Peterson and carried unanimously, to approve the sludge disposal plan and enter into agreement with RCM. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATIONS FOR CIGARETTE AND POPCORN STAND LICENSE(S) Following discussion, the motion was made by Alderman Peterson to approve the applications for cigarette and popcorn stand licenses and issue said licenses. The motion was seconded by Alderman Gruenhagen and unanimously carried. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter sent to all delinquent account holders was read by Mayor Black. He then inquired if there was anyone present who wished to be heard regarding his/her account. There was no response. After discussion, Alderman Westlund moved to discontinue service on January 2, 1980 for the following accounts: 04-0095-0-00, 04-0370-0-00, 04-0810-7-00, 12-1396-0-00, 15-0645-1-00, 16-0352-1-00, and 16-0560-1-00. Seconded by Ald- erman Gruenhagen, the motion unanimously carried. -4- Council Minutes December 26, 1979 (c) CONSIDERATION OF PRIVATE DUTCH ELM TREE REIMBURSEMENT It was reported the total cost for all private diseased elm tree removal was $18,802.85. It was recommended the City reimburse the owners 100%, with the following funding breakdown: 1/3 of total cost by City, 1/3 of total cost by State Shade Tree Program, and 1/3 of total cost by DNR Program. Following discussion, the motion was made by Alderman Huntwork to proceed with reimbursement of private Dutch elm tree removal as recommended above. Seconded by Alderman Gruenhagen, the motion carried unanimously. (d) CONSIDERATION OF CAPITAL EQUIPMENT FUND After discussion, Alderman Huntwork moved to table the establishment of a Capital Equipment Fund. The motion was seconded by Alderman Peterson and unan- imously carried. It was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and carried unanimously, to transfer the funds in the amount of $13,034 which were allocat- ted for the Capital Equipment Fund to the Fire Department Fund. (e) CONSIDERATION OF INTER -CONNECT BUS SERVICE The Jefferson Bus Lines presented to the Transportation Board a proposal for inter -connect service on a daily basis between Hutchinson and Minneapolis. It was the recommendation of the Transportation Board that the City Council sup- port the general concept of the inter -connect service and request the State Department of Transportation to provide assistance in developing a plan. Following discussion, the motion was made by Alderman Gruenhagen to waive read- ing and adopt Resolution No. 6467 entitled Resolution Endorsing Support of Inter -Connect Service between Hutchinson and Minneapolis by Jefferson Bus Lines, and further to submit a copy of the Resolution to the appropriate people at the State Department of Transportation. Seconded by Alderman Huntwork, the motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY TOM DOLDER FOR "HUTCH BOWL" (CORNER OF FIFTH AVENUE AND WATER STREET) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Huntwork moved to approve the Conditional Use Per- mit for "Hutch Bowl" and to waive reading and adopt Resolution No. 6465 en- titled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Reuse of Building. The motion was seconded by Alderman Peterson and unanimously carried. -5- Council Minutes December 26, 1979 (g) CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY THE OWNER OF "COUNTRY CLUB TERRACE" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt Resolution No. 6466 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Redesignate the Recreational Area to Main- tain Area Requirements for Mobilhome Parks, contingent upon the development of a recreation area being completed by June 1, 1980. (h) CONSIDERATION OF REQUEST FOR REZONING SUBMITTED BY OWNER FOR A PORTION OF "COUNTRY CLUB TERRACE" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Gruenhagen, seconded by Ald- erman Peterson and unanimously carried, to waive first reading of Ordinance No. 17/79 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 January 8, 1980. (i) CONSIDERATION OF INSTALLATION OF POST OFFICE DROP BOX ON ONE-WAY STREET OF "GROVE" WEST OF ELEMENTARY SCHOOL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Huntwork moved to approve the request for a post office drop box on Grove Street and to refer it to the U.S. Post Office for action. The motion was seconded by Alderman Peterson and carried unani- mously. (j) CONSIDERATION OF NAMING COUNTY ROAD #12 IN JOHNSON COURT ADDITION "GOLF COURSE ROAD" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer/Public Works Director Priebe commented that a new resident wanted a street address, but Johnson Court Addition is located on County Road No. 12. Therefore, the Planning Commission recommended naming County Road No. 12 "Golf Course Road." After discussion, it was moved by Alderman Gruenhagen to name County Road No. 12 in Johnson Court Addition with the dual name of Fifth Avenue N.W. and Golf Course Road. Seconded by Alderman Westlund, the motion carried unanimously. (k) UPDATE ON LEAGUE OF CITIES ACTIVITIES BY TOM THELEN, STAFF MEMBER Mr. Tom Thelen from the League of Minnesota Cities presented a report on the various activities of the League. There are six committees meeting at present to put together the legislative policy for the 1981-82 sessions. Council Minutes December 26, 1979 (1) CONSIDERATION OF YEAR END WRITE-OFFS City Accountant Merrill requested permission from the Council to write off bad checks and checks still outstanding on City payroll and disbursement ac- counts. There have been no write-offs since 1976. After discussion, the motion was made by Alderman Westlund, seconded by Ald- erman Huntwork and carried unanimously, to approve write-offs for year end. (m) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT FOR ROGER SIEMSEN Following discussion, it was moved by Alderman Gruenhagen to approve the ap- plication of Roger Siemsen and issue a Snow Removal Permit. Seconded by Ald- erman -Peterson, the motion carried unanimously. (n) CONSIDERATION OF ROOM RATE INCREASE FOR BURNS MANOR MUNICIPAL NURSING HOME WITH FAVORABLE RECOMMENDATION OF NURSING HOME BOARD Mayor Black reported no action was needed on this matter. (o) CONSIDERATION OF INDUSTRIAL PRETREATMENT PROGRAM City Engineer/Public Works Director Priebe reported the Minnesota Pollution Control Agency had informed the City that the Industrial Pretreatment Program would be required in conjunction with the present study under EPA Grant No. C271363-01. The additional cost for said program will be $22,707.95, of which $20,437.16 (90%) would be grant eligible through state and federal fund- ing. The cost to the City would be $2,270.79. After discussion, Alderman Westlund moved to approve the grant program. The motion was seconded by Alderman Huntwork and unanimously carried. (p) CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUND It was reported that the Community Development Block Grant project had been completed and audited. Therefore, permission was requested to clear and close the Grant Fund. Following discussion, the motion was made by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to authorize closing the Community Development Block Grant Fund. (q) CONSIDERATION OF RECOMMENDATION TO APPROVE AGREEMENT BETWEEN STAFF AND DEVELOPER, LEVNER COMPANY, FOR SALE OF PROPERTY FOR HIGH RISE, SUBJECT TO FINAL WORDING OF AGREEMENT BY CITY ATTORNEY, MAYOR AND STAFF -7- Council Minutes December 26, 1979 Consultant Simonowicz reported on the agreement between City staff and de- veloper of the high rise, the Levner Company, with the final wording still to be worked out. The developer would have a two year period to put together financing for the five -story building and community center. If the project failed to materialize during that time, the City would have the right to with- draw its approval and take back the land. It was the recommendation of Mr. Simonowicz to enter into a land sale contract to sell property to the con- tractor, with the City retaining plan approval of design and size of build- ing. After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to approve the agreement with the Levner Company and waive reading and adopt Resolution No. 6468. (r) CONSIDERATION OF RECOMMENDATION THAT DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD GIVE SUPPORT TO PROGRAM PRESENTED BY MR. MARK PARRANTO (LIBRARY SQUARE PLAZA) FOR DOWNTOWN DEVELOPMENT AND THAT CITY ATTEMPT TO LOCATE ALTERNATE SITE FOR POLICE/FIRE STATION Skip Quade, Chairman of the Downtown Development District Advisory Board, in- troduced Mr. Mark Parranto. Mr. Parranto then commented he was hired by the downtown group to determine if a site could be found and developed for a down- town project. He had spent 90 days on the project and arrived at a design for a downtown shopping center consisting of two and one-half blocks located east of Library Square. In order to proceed with the proposal, it would be necessary for the Council to find an alternate site for the proposed Police/Fire Station. Following extensive discussion, it was the general consensus of the Council that another location could be found for the proposed Police/Fire Station. The motion was made by Alderman Westlund to approve the recommendation of the Downtown Development District Advisory Board for the Council to give the down- town program support and locate an alternate site for the Police/Fire Station. Seconded by Chairman Black, the motion carried unanimously. (s) CONSIDERATION OF RECOMMENDATION THAT CONCEPT PLAN FOR "LIBRARY SQUARE PLAZA" BE DISTRIBUTED TO CITY STAFF, CITY COUNCIL, PLANNING COMMISSION, CITY ATTORNEY, CONSULTANT SIMONOWICZ FOR REVIEWAL AND COMMENT WITHIN THREE WEEKS AND THAT OWNERSHIP IDENTITY BE IDENTIFIED WHICH WILL NEGOTIATE PURCHASE OF PROPERTY Council Minutes December 26, 1979 After discussion, the motion was made by Alderman Westlund to distribute the Concept Plan for "Library Square Plaza" as recommended and that ownership iden- tity should be identified which will negotiate purchase of property. The mo- tion was seconded by Alderman Huntwork and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FIRE DEPARTMENT Fire Chief Schlueter requested permission from the Council to acquire an immed- iate appraisal on property selected for the new Police/Fire Station site. Following discussion, it was moved by Alderman Westlund to approve the above stated request. The motion was seconded by Alderman Huntwork and carried unanimously. (b) COMMUNICATIONS FROM MAYOR -ELECT WESTLUND Mayor -Elect Westlund reported the organizational meeting of the new City Coun- cil will be held January 2, 1980 at 6:00 P.M. The Oath of Office will be given to all new members, appointments of Commissioners and Council representatives made at that time. Following the meeting, a dinner honoring D. J. Black and Dan Huntwork will be held at the Velvet Coach. (c) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reminded the Council of the bid openings scheduled for 2:00 P.M. on Friday, December 28, 1979. (d) COMMUNICATIONS FROM MAYOR Mayor Black extended words of appreciation to the present City Council and previous Council, as well as staff, for the good working relationship. He further thanked the people of Hutchinson for the cooperation that has been shown to him over the years. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen and unani- mously carried, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:45 P.M. upon motion by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried.