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05-11-1976 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 11, 1976 1. CALL TO ORDER Mayor Black called the meeting to order at 7:32 P.M. with the following members present: Aldermen Westlund, Lueneburg, Haag and Peterson in addition to Mayor Black. Members absent: None Also present: Administrative Assistant Fleetham, City Engineer Priebe and City Attorney Schantzen. 2. INVOCATION Reverend R. S. Crouse of the Assembly of God Church delivered the invocation. 3. MINUTES On motion by Alderman Westlund, seconded by Alderman Lueneburg, the minutes of the regular meeting of April 27, 1976 and the special meeting of May 7, 1976 were unanimously approved. 4. PUBLIC HEARINGS (a) GAINING PUBLIC INPUT AND OPINION CONCERNING APPLICATION FOR FEDERAL ASSISTANCE THROUGH A COMMUNITY DEVELOPMENT BLOCK GRANT At 7:33 P.M., Mayor Black declared the hearing open with the reading of Publication No. 1784. Administrative Assistant Fleetham presented the Final Application to the City Council. He then gave a background of the program and reviewed the goals and objectives of said program. Mayor Black then inquired if there was anyone present wishing to be heard. There being no one else present wishing to be heard, the hearing was declared closed at 7:48 P.M. on motion by Alderman Westlund, seconded by Alderman Haag and carried unanimously. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson to waive reading and adopt Resolution No. 5697, entitled, Authorizing of Filing of Application for Community Development Block Grant. Motion carried unanimously. Mayor Black then stated that the City Council is in the process of interviewing applicants interested in being the administrator of the program. Council minutes, May 11, 1976 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REQUEST OF HUTCHINSON AREA CHAMBER OF COMMERCE PARKING COMMITTEE TO ADDRESS THE CITY COUNCIL Mr. Dennis Hukriede, President of the Chamber of Commerce addressed the Council thanking them for their cooperation and the assistance of the City Attorney and City Engineer. Mr. Don Abbott, representing the parking committee, addressed the City Council, referring to the Parking Committee Report which the Council received earlier, and requested that the City Council adopt an ordinance including the off street parking assessment formula as presented. Mayor Black questioned the justification for assessing property owners equal assessments for property equal distance from a parking lot when it is probable one property owner will benefit more than the other. Mayor Black suggested a formula which would have higher assessments for those property owners which benefit directly in proportion to their property value. Considerable discussion was held on the Mayor's questions and the proposed assessment formula. After further discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson, to accept the recommendation of the parking committee and authorize the City Attorney to draft the appropriate documents for Council consideration. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 11/76 - AMENDING ORDINANCE NO. 464, ZONING REGULATIONS, CITY OF HUTCHINSON, SECTION 5, SUBDIVISION SECTION 5.01, NONCONFORMING LOTS, USES AND STRUCTURES After discussion, it was moved by Alderman Peterson, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 508, entitled, Amending Ordinance No. 464, Zoning Regulations, City of Hutchinson, Section 5, Subdivision Section 5.01, Nonconforming Lots, Uses and Structures. Motion carried unanimously. (b) ORDINANCE NO. 28/75 - ORDINANCE ESTABLISHING FLOOD PLAIN REGULATIONS FOR THE CITY OF HUTCHINSON Alderman Lueneburg reviewed the input at the hearings held by the Planning Commission. He further informed that after questions raised by Mr. Neil Jensen and the input by the City Staff and State department of Natural Resources, he felt we have a workable ordinance. City Engineer Priebe stated that if the City had not adopted a Flood Plain Regulations Ordinance, the State could enact one for us and it would contain the same Flood Plain Map as the one presented. - 2 - Council minutes, May 11, 1976 He then reviewed the permitted uses for the Floodway and Flood Fringe Areas. Administrative Assistant Fleetham stated that he believed the aajority of the problems for property owners questioning the ordinance would be with the regular zoning ordinance and building codes rather than Flood Plain Regulations. After further discussion, it was moved by Alderman Haag, seconded by Alderman Peterson to waive first reading and set second reading for May 25, 1976 of Ordinance No. 28/75, entitled, Establishing Flood Plain Regulations for the City of Hutchinson. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT There being no discussion, the minutes were ordered by the Mayor received for filing. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST BY THE HUTCHINSON UTILITIES COMMISSION FOR AN ELECTRIC AND NATURAL GAS UTILITY RATE INCREASE Mr. Clint Tracy, Vice President of the Utilities Commission, presented a proposal to the City Council which calls for an across the board 6% natural gas and electrical rate increase, except in the case of large industrial gas users which would call for a 10% increase. \ Discussion was held on the proposed increase in comparison to the rates of other cities. After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to adopt the proposed rate increases as recommended by the Utilities Commission. Motion carried unanimously. (b) CONSIDERATION OF RECOMMENDATION BY ACCOUNTANTS AND CITY CLERK TO CLOSE CEMETARY FUND INTO THE GENERAL FUND After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to waive reading and adopt Resolution No. 5698, entitled, Closing Cemetary Fund into the General Fund. Motion carried unanimously. (c) CONSIDERATION OF PROPOSED PLAN FOR STREET LIGHTING IN THE SOUTH GRADE ROAD AREA Mayor Black inquired if there would be sufficient funds to install - 3 - Council minutes, May 11, 1976 said lights. Administrative Assistant Fleetham indicated there would be. Alderman Westlund inquired if street lighting could be made part of Subdivision Agreements. City Engineer Priebe indicated it could be done. After further discussion, it was moved by Alderman Westlund, seconded by Alderman Lueneburg, to approve the plan as presented. Motion carried unanimously. (d) CONSIDERATION OF REPORT ON SANITARY SEWER AND WATERMAIN IMPROVEMENT PROJECT - 76-26 City Engineer Priebe stated this project would be temporarily financed through the Water and Sewer Fund. After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5699 entitled, Receiving Report and Calling for Hearing on Project 76-26. Motion carried unanimously. (e) CONSIDERATION OF REPORT ON WATERMAIN IMPROVEMENT PROJECT - 76-27 City Engineer Priebe stated this project was requested by the owner of Oakwood Addition. It was then moved by Alderman Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5700, entitled, Receiving Report and Calling for Hearing on Project 76-27. Motion carried unanimously. (f) CONSIDERATION OF REPORT ON GRADE AND GRAVEL IMPROVEMENT PROJECT - 76-28 After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5701, entitled, Receiving Report and Calling for Hearing on Project 76-28. Motion carried unanimously. (g) CONSIDERATION OF REPORT OF CITY ENGINEER REGARDING ASSESSMENT ROLL NO. 62, CONCRETE CURB AND GUTTER City Engineer Priebe reviewed the assessr,ient formula used by the County Assessor regarding properties of irregular size. It was the concensus o -F the Council that was the nroner anproac". (h) CONSIDERATION OF RECOMMENDATION OF CITY ENGINEER PRIEBE REGARDING AWARDING OF CONTRACTS FOR 1976 IMPROVEMENT PROJECTS, LETTING NO. 2, LETTING NO. 3, AND LETTING NO. 4 Mayor Black reviewed the possiblity of litigation regarding the Water and Sewer Rates. He further stated that upon further review of the situation by City Attorney Schantzen, it was his opinion that there is no basis for any litigation. Upon further discussion, it was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5702, entitled, Resolution Accepting the Bid, Letting No. 2. Motion carried unanimously. - 4 - Council minutes, May 11, 1976 It was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5703, entitled, Resolution Accepting Bid - Letting No. 3. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5704, entitled, Resolution Accepting Bid - Letting No. 4, Section A. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5705, entitled, Resolution Accepting Bid - Letting No. 4, Section B. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5706, entitled, Resolution Accepting Bid - Letting No. 4, Section C. Motion carried unanimously. (i) REQUEST OF FIRE DEPARTMENT FOR THE ELIMINATION OF THE FIRST TWO PARKING METERS ON THE SOUTH SIDE OF THE FIRE HALL ON FRANKLIN STREET Chief Smith request that said parking meters be removed to allow for staff parking similar to that of City Hall. He further stated that their present parking places are a traffic hazard. After further discussion, it was moved by'Alderman Haag, seconded by Alderman Peterson, to waive reading and adopt Resolution No. 5708, entitled, Removal of Parking Meters. Motion carried unanimously. (j) REQUEST OF FIRE DEPARTMENT TO CLOSE OFF FRANKLIN STREET FROM WASHINGTON AVENUE TO FIRST AVENUE, S.W. ON MONDAY, JUNE 14, 1976 Chief Smith stated this day is scheduled for Open House at the Fire Hall. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson, to authorize closing of said street. Motion carried unanimously. (k) CONSIDERATION OF RECOMMENDATION OF FIRE CHIEF AND ADMINISTRATIVE ASSISTANT REGARDING AWARDING OF CONTRACT FOR RADIO PAGING DEVICES Administrative Assistant Fleetham gave a breakdown of the bid contents and reviewed the proposed uses of the pagers. After further discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund to accept the bid of Motorola, Inc. in the amount of $15,654.62. Motion carried unanimously. (1) CONSIDERATION OF APPLICATION FOR PARADE PERMIT SUBMITTED BY THE AMERICAN LEGION POST NO. 96 It was moved by Alderman Haag, seconded by Alderman Westlund, to approve the application and authorize issuance of the permit. Motion carried unanimously. - 5 - Council minutes, May 11, 1976 (m) CONSIDERATION OF REQUEST FOR SHORT TERM RETAIL "ON -SALE" NON - INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY MR. JACK POWERS FOR HUTCH TRAVELER'S BASEBALL TEAM After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson, to approve the application and authorize issuance of the license contingent that the appropriate fees are paid and a schedule of events is furnished. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT 1. Informed more applicants will be available next week for the Community Development Director. 2. Reviewed the status of applicants for Director of Maintenance Services. 3. Informed of a meeting on Wednesday, June 16, 1976 at 6:00 P.M. with the Hospital Board to review the status of the Proposed Clinic. 4. Reminded of the 10:00 A.M. Hearing by the State Municipal Commission on the Request for Annexation by the Crow River Country Club and Mr. Robb Totesek. 5. Reminded of the League of Minnesota Municipalities Convention from June 9, 1976 to June 11, 1976. 6. Informed he would be attending a Minnesota Managers Association Spring Conference in Brainerd from May 12-14, 1976. (b) COMMUNICATIONS FROM MAYOR BLACK 1. Informed those present that the next regular meeting, May 25, 1976 conflicts with the Hutchinson High School Commencement Ceremony. After considerable discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson, to cancel the Public Hearing on proposed Assessment Rolls No. 61, 62, and 63 scheduled for May 25, 1976 and reschedule it for Wednesday, June 16, 1976 at 8:00 P.M. Motion carried unanimously. It was then moved by Alderman Haag, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 5707, entitled, Change of Regular Meeting Time. Motion carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN PETERSON 1. Alderman Peterson informed the Park and Recreation Board has received opposition to the Non -Resident Athletic Fee charged by the Recreation Department. She further informed that it if the recommendation of the Park and Recreation Board that - 6 - Council minutes, May 11, 1976 the boundaries be changed from the City Limits to the School District #423 boundaries. After discussion, Mayor Black entertained a motion to exclude all persons within the School District #423 boundaries from the non-resident athletic fee and ask Recreation Director Keith to survey the surrounding communities to see if they have such a fee. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion by Alderman Haag, seconded by Alderman Peterson, the verified claims were approved and payment was authorized from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was declared adjourned at 9:59 P.M. on motion by Alderman Haag, seconded by Alderman Peterson and carried unanimously. - 7 -