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09-14-1976 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 14, 1976 1. CALL TO ORDER Mayor Black called the meeting to order at 7:35 P.M. with the following members present: Aldermen Westlund, B. Peterson, Haag and K. Peterson in addition to Mayor Black. Members absent were none. Also present were: Administrative Assistant Fleetham, City Attorney Schantzen, City Engineer Priebe, and Community Development Director Pauley. 2. INVOCATION Reverend John Longley of the First Congregational United Church of Christ delivered the invocation. 3. MINUTES On motion by Alderman Haag, seconded by Alderman K. Peterson, the minutes of the Special Meeting of August 17, 1976, Regular Meeting of August 24, 1976, the Special Meeting of September 1, 1976, and the Special Meeting of September 8, 1976 were all approved with the correction that Paul Haag be marked absent from the August 17 meeting. 4. PUBLIC HEARING 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REQUEST FOR LIMITED PARKING IN AREA OF "OLD ARMORY" ON NOVEMBER 17, 18 AND 19, 1976 FOR SWINE FLU CLINIC After discussion, it was moved by Alderman Westlund, seconded by Alderman B. Peterson, that the parking lot to the West of the "Old Armory" as well as parking meters in the area be reserved for the Swine Flu Clinic. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 19/76 - VACATE A PORTION OF FOURTH AVENUE S.E. AND A PORTION OF SUPERIOR STREET After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive the second reading and adopt Ordi- nance No. 512 entitled Vacate a Portion of Fourth Avenue S.E. and a Portion of Superior Street. Motion carried unanimously. M Council Minutes, September 14, 1976 (b) RESOLUTION NO. 5776 - RESOLUTION CONCURRING IN THE ACTION OF THE HUTCHINSON UTILITIES COMMISSION OF THE CITY IN PROVIDING FOR THE ISSUANCE AND SALE OF $4,500,000 LIGHT AND POWER PLANT REVENUE BONDS OF 1976, AND ACCEPTING BID ON SALE OF SAID BONDS AND FIXING THE INTEREST RATE THEREON After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5776 entitled Resolution Concurring in the Action of the Hutchinson Utilities Commission of the City in Providing for the Issuance and Sale of $4,500,000 Light and Power Plant Revenue Bonds of 1976, and Accepting Bid on Sale of Said Bonds and Fixing the Interest Rate Thereon. Motion Carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - AUGUST 76 There being no discussion, the report was ordered by the Mayor received for filing. (b) MONTHLY FINANCIAL REPORT - AUGUST 76 There being no discussion, the minutes were ordered by the Mayor received for filing. (c) MINUTES OF THE PLANNING COMMISSION MEETING DATED AUGUST 17, 1976 There being no discussion, the minutes were ordered by the Mayor received for filing. (d) MINUTES OF THE BURNS MANOR NURSING HOME BOARD OF DIRECTORS MEETING DATED AUGUST 12, 1976 Following a brief discussion of the transportation needs at the Burns Manor, the minutes were ordered by the Mayor received for filing. 8. UNFINISHED BUSINESS (a) RECOMMENDATION OF THE OFF-STREET PARKING COMMITTEE REGARDING ORDINANCE TO ESTABLISH PARKING LOTS IN CENTRAL BUSINESS DISTRICT Mayor Black reviewed the many steps that had been taken prior to this action. After discussion, City Engineer Priebe was asked to present more information. The map the City Engineer presented which showed the -2- Council Minutes, September 14, 1976 areas affected was indicated to be the Preliminary Parking Plan and dated September 13, 1976. Mayor Black made the recommendation that the assessment,of parking lots already in use and not paved be waived and only apply to new lots. The discussion was opened to the public. Mr. Robert Otte of the Chamber of Commerce presented reasons for not exempting unsurfaced lots from the Ordinance. A question was raised by Dr. W. W. White as to who would be in authority to decide on the future lots. Mayor Black responded by indicating that the merchants would have to take the initiative to begin Council action, and that action could only take place follow- ing a Public Hearing. It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to waive the first reading and set second reading for September 28 of Ordinance No. 17/76 entitled Recommendation of the Off -Street Park- ing Committee Regarding Ordinance to Establish Parking Lots in Central Business District with the deletion of the phrase "having a bituminous or concrete surface." Motion carried unanimously. (b) RECOMMENDATION OF STAFF TO ADVERTISE FOR BIDS FOR REHABILITATION OF THE EXISTING HOUSE AT WEST RIVER CAMPGROUND After discussion, it was moved by Alderman Haag, seconded by Alder- man B. Peterson, that authorization be given to advertise for bids for rehabilitation of the existing house at West River Campground, with the bids to be opened at 1:45 P.M. on October 12. Motion car- ried unanimously. (c) RECOMMENDATION OF STAFF TO ADVERTISE FOR CONSTRUCTION OF A NEW HOUSE UPON THE FOUNDATION AT WEST RIVER CAMPGROUND After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to authorize the advertising for bids of a new house at West River Campground to be opened at 1:45 P.M. on October 12. Motion carried unanimously. (d) CONSIDERATION OF MAKING APPLICATION FOR TRANSIT SYSTEM FOR THE CITY OF HUTCHINSON Mayor Black reviewed the history of the proposal and urged the Council to take action at this meeting. During the course of discussion, it was pointed out that Burns Manor is in need of a new vehicle and the bus service would perhaps elim- inate the purchase of a new van. -3- Council Minutes, September 14, 1976 Mayor Black presented a petition he had received from the Hutchinson Business & Professional Women's Club which was endorsed with 23 sig- natures of the members and stated that this Club recommends not less than three buses, with one bus available for trips to Glencoe to connect with the commercial bus service in that city. Alderman Westlund called upon Mavis Geier, Nursing Home Administrator, for comments regarding the needs of Burns Manor. She stated the need for a van to be parked at the Nursing Home and available for the han- dicapped. They would prefer to furnish their own driver. She also wanted to know if one bus would be for the handicapped and the other one or two buses to be used for other purposes. Others from the audience who had comments were: Dan Huntwork - Both buses should be available during the middle of the day to justify the cost of the service. Betty Witcher - Two buses will be very busy so there should be consideration of a back-up bus. Grace Underwood - She asked if any trips would be made into Minneapolis. Marion Kruse - She wanted to know what type of bus is being considered and commented that people are interested in out-of-town transportation. Dr. W. W. White - He inquired about a back-up bus and com- mented he felt there should be one. Mrs. Herbert Krebsbach - She asked how often the bus would go to Glencoe. Mrs. Esther Bieber - She pointed out that there are other areas that need transportation as well as Park Towers. A motion was made by Alderman Westlund, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5777 entitled Consider- ation of Making Application for Transit System for the City of Hutch- inson regarding filing for the final application for the State of Minnesota Transportation Demonstration Program for two small commer- cial passenger transit -type coaches, one with a wheel chair lift. Motion carried unanimously. A second motion was made by Alderman Haag, seconded by Alderman K. Peterson, to authorize advertising for bids on two motor coaches Council Minutes, September 14, 1976 to be opened at 1:15 P.M. on October 12. The motion passed unan- imously. (e) CONSIDERATION OF REQUEST FOR CONSTRUCTION OF ICE RINK ON ST. ANAS- TASIA CHURCH GROUNDS Mr. Schoederl reported that the Knights of Columbus and St. Anastasia have committed $400 to defray costs to the rink site. After discus- sion, a motion was made by Alderman Haag, seconded by Alderman K. Peterson, to proceed with construction of the ice rink on the St. Anastasia Church Grounds with the balance of the cost to be paid by the City. Motion was unanimously adopted. 9. NEW BUSINESS (a) REQUEST OF IiOSPITAL TO ERECT A RADIO ANTENNA ON TOP OF THE WATER TOWER After a presentation by Mr. Phil Graves, Hospital Administrator, Mayor Black requested that a check on clearance light regulations be made and that the Hospital Board bring back to the City Council a recommendation. (b) CONSIDERATION OF PURCHASE OF ADDITIONAL LAND - SATTERLEE GRAVEL PIT After discussion, City Engineer Priebe recommended purchase of said land. Alderman Westlund made the motion to purchase one acre of land from Satterlee at $2,000 as described. Seconded by Alderman B. Peter- son, the motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE After discussion, it was moved by Alderman Haag, seconded by Alder- man K. Peterson, to approve the request for reduced trash and refuse rate submitted by Mr. Theophil Grunewaldt. Motion carried unanimously. (d) CONSIDERATION OF REPORT FROM UTILITIES COMMISSION REGARDING STREET LIGHTING IN AREA OF FREEMONT AVENUE AND SOUTHVIEW COURT After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to authorize the Utilities Commission to install two street lights. Motion carried unanimously. (e) APPOINTMENTS TO BOARDS AND COMMISSIONS 1. Mayor Black reappointed Clinton Tracy to the Hutchinson Utilities Commission for a six year term upon Council ratification. Alder- man Westlund moved to ratify said appointment. Seconded by Alder- man B. Peterson, the motion was unanimous. -5- Council Minutes, September 14, 1976 (f) CONSIDERATION OF RECOMMENDATION OF HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS THAT THE BIDS OF AUGUST 10, 1976 FOR THE HOS- PITAL MEDICAL OFFICE BUILDING BE REJECTED After discussion, a motion was made by Alderman Haag, seconded by Alderman Westlund, to reject the bids of August 10, 1976. Motion carried unanimously. (g) CONSIDERATION OF RECOMMENDATION OF HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS TO ADVERTISE FOR BIDS TO BE OPEN ON THE HUTCHIN- SON MEDICAL OFFICE BUILDING ON OCTOBER 12, 1976 After discussion, it was moved by Alderman Haag, seconded by Alder- man Westlund, to authorize readvertising for bids on the Medical Office Building to be opened at 2:00 P.M. on October 12. Motion carried unanimously. (h) CONSIDERATION OF THE VACATION OF HACKBERRY AVENUE EAST AND WEST OF EAST HIGHLAND PARK DRIVE AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Neil Jensen appeared before the Council and presented Hutchinson In- dustrial's plan of vacation and discussed the September 7, 1976 memo which listed recommendations relative to replatting, rezoning, and street vacation. Mr. Jensen stated that his client would agree to all points except those concerning assessments and completion date of surfacing. He stated his client wished to meet all city ordinances but questioned the staff interpretation. The Mayor and staff replied to Mr. Jensen's question, and the Mayor then requested Mr. Jensen to return to his client and find out if all the conditions would be agreeable to him. Then he should return to the City Council at a future meeting for consideration. A motion was made by Alderman Westlund deferring the question until 9:00 A.M. on Thursday, September 16, 1976. Seconded by Alderman B. Peterson, the motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR REZONING OF LOTS 6, 7, 8 AND 9 OF AHREN'S HIGHLAND PARK SUBDIVISION FROM R-2, MULTIPLE FAMILY RESIDENTS DIS- TRICT TO I-1, LIMITED INDUSTRIAL PARK DISTRICT AND FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION A motion was made by Alderman Westlund deferring the question until 9:00 A.M. on Thursday, September 16, 1976. Seconded by Alderman B. Peterson, the motion carried unanimously. Council Minutes, September 14, 1976 (j) CONSIDERATION OF PRELIMINARY PLAT FIRST ADDITION TO HUTCHINSON INDUSTRIAL CORPORATION AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A motion was made by Alderman Westlund deferring the question until 9:00 A.M. on Thursday, September 16, 1976. Seconded by Alderman B. Peterson, the motion carried unanimously. (k) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MR. ROBERT EVANS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A motion was made by Alderman Haag, seconded by Alderman Westlund, to waive the reading and adopt Resolution No. 5771 granting said variance. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HARRIS PINE MILLS UNDER THE 1974 ZONING ORDINANCE DUE TO SETBACKS IN COMPLIANCE WITH THE 1962 ZONING ORDINANCE AND FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION Alderman Westlund made the motion to waive reading and adopt Resolu- tion No. 5773 granting Conditional Use Permit. Alderman B. Peterson seconded the motion, and it carried unanimously. (m) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HARRIS PINE MILLS TO ALLOW A 48.5 REARYARD SETBACK INSTEAD OF THE REQUIRED 50 FOOT SETBACK AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A motion was made by Alderman Haag, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 5772 granting said variance. Motion carried unanimously. (n) CONSIDERATION OF APPLICATIONS FOR DEFERRED ASSESSMENTS A motion was made by Alderman Westlund, seconded by Alderman Haag, to defer payments on Lot 10 of Elizabeth A. Meyers and Block 2, Lot 17 of Emma B. Schultz. Motion carried unanimously. It was noted that the request of Mr. Julius F. Radunz would not be eligible due to his income being in excess of the maximum allowable. (o) CONSIDERATION OF SETTING PUBLIC HEARING FOR EXTENSION OF WATER MAIN TO JOHNSON COURT FIRST ADDITION After discussion, a motion was made by Alderman K. Peterson, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5774 entitled Ordering Preparation of Report on Watermain Improvement. Motion carried unanimously. After discussion, a motion was made by Alderman K. Peterson, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5775 entitled Resolution Receiving Report and Calling for Hearing on Project 76-26 - Change Order No. 1. Motion carried unanimously. -7- Council Minutes, September 14, 1976 (p) REQUEST OF THE HUTCHINSON KIWANIS CLUB TO TRANSFER PREVIOUS RECREA- TION CONTRIBUTION TO THE FAMILY CENTER Upon the recommendation of the City Attorney Schantzen, a motion was made by Alderman K. Peterson and seconded by Alderman Westlund that the Savings Certificate be returned to the Kiwanis Club to be used by them in any manner in which they may choose. Motion carried unanimously. (q) REQUEST OF HUTCHINSON H.R.A. TO ALLOW PAYMENT OF PRINCIPAL WITH NO INTEREST COSTS OF INITIAL FUNDING OF SENIOR CITIZEN HIGH RISE Upon motion by Alderman Westlund, seconded by Alderman Haag, it was moved to approve request and eliminate the interest charges. Motion carried unanimously. (r) CONSIDERATION OF PLANNING REPORT SUBMITTED BY TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED AND C.R.S. AND ASSOCIATES It was moved by Alderman B. Peterson, seconded by Alderman Haag, to accept the final report of Toltz, King, Duvall, Anderson and Associates, Incorporated and C.R.S. and Associates. Motion car- ried unanimously. (s) PROJECT 76-29 - APPROACH FILLS, SCHOOL ROAD BRIDGE A motion was made by Alderman Haag to accept City Engineer Priebe's recommendation to enter into a contract with Wm. Mueller and Sons as low bidder. Alderman K. Peterson seconded the motion, and it carried unanimously. (t) COLD STORAGE BUILDING After discussion, it was moved by Alderman K. Peterson to reject the bids received and modify specifications to call for steel frame con- struction. It was seconded by Alderman B. Peterson and carried unan- imously. Alderman Westlund moved to advertise for new bids to be opened at 1:30 P.M. on October 12. The motion was seconded by Alderman B. Peterson and carried unanimously. (u) REPAIR OF LIBRARY ROOF The City Engineer reported that the Don Peterson Construction was the apparent low bidder. Alderman Ralph Westlund moved to table the item and refer it to the City Attorney for his review for a conflict of interest. The motion was seconded by Alderman Haag and carried unanimously. Council Minutes, September 14, 1976 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT 1. Commented on an invitation to attend the Regional Meeting of the League of Minnesota Cities to be held at the Willmar Country Club in Willmar on September 29, 1976, at 6:30 P.M. 2. Displayed the plaque from the Bicentennial Committee to the City Council. (b) COMMUNICATIONS FROM COMMUNITY DEVELOPMENT DIRECTOR 1. Don Pauley reported that final approval had been received for the Community Development Grant and funds can now be drawn down. (c) COMMUNICATIONS FROM CITY ENGINEER PRIEBE 1. County Assessor's Formula - The City Engineer notified the Council that one of the Assessments from the Third Avenue N.W. Storm Sewer was corrected to conform with the Assessor's procedures on irregu- lar lors. 2. The City Engineer presented a drawing of future plans for Hutch- inson's Family Center. A motion was made by Alderman Westlund to authorize the use of pit gravel for the foundation of the Family Center. The motion was seconded by Alderman B. Peterson and unanimously carried. (d) COMMUNICATIONS FROM MAYOR BLACK 1. The Mayor reported that if modification of precinct boundaries was desired, it must be done between November 2, 1976 and Jan- uary 1, 1977. 11. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to verify the claims. Motion passed unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was declared adjourned at 11:00 P.M. on motion by Alderman Haag and sec- onded by Alderman B. Peterson upon a unanimous vote. IRM