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09-28-1976 CCMMINUTES REGULAR MEETING- HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 28, 1976 CALL TO ORDER Mayor Black called the meeting to order at 7:32 P.M. with the following members present: Aldermen Westlund, B. Peterson, and Haag, in addition to Mayor Black. Alderman K. Peterson arrived at 7:35 P.M. Also present were: City Attorney Schantzen, Accountant Ron Meyer, and Community Development Director Pauley. 2. INVOCATION The invocation was delivered by the Reverend John Longley of the First Congregational United Church of Christ. 3. MINUTES On motion by Alderman minutes of the Regular of September 15, 1976 unanimously approved. 4. PUBLIC HEARINGS Westlund, seconded by Alderman B. Peterson, the Meeting of September 14, 1976, Special Meeting and Special Meeting of September 16, 1976 were (a) CONSIDERATION OF THE PROPOSED 1977 BUDGET At 8:00 P.M. Mayor Black called the hearing to order with the reading of Publication No. 1857. Mayor Black commented on the budget and pointed out that although the 1977 budget is one of the largest the City of Hutchinson has had, the figures represent inclusion of the Community Development Grant. The Mayor further remarked that there will be a reduction in the total mill levy for this year and, there- fore, the tax levy will be reduced. In closing, the Mayor pointed out that the City Council has met several times going over the budget in giving it tentative approval. He then inquired if there was anyone present wishing to be heard regarding the Proposed 1977 Budget. There being no one present wishing to be heard, the hearing was declared closed at 8:05 P.M. on motion by Alderman Haag, seconded by Alderman B. Peterson ar.j carried unanimously. RESOLUTION NO. 5782 - RESOLUTION ADOPTING BUDGET FOR FISCAL YEAR 1877 AND AMENDING 1976 BUDGET AS ADOPTED BY RESOLUTION NO. 5586 AND AMENDED BY RESOLUTION NO. 5665• After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5782 entitled, Resolution Adopting Budget for Fiscal Year 1977 and Amending 1976 Budget as Adopted by Resolution No. 5586 and Amended by Resolution No. 5665. Motion carried unanimously. LWA Council Minutes, September 28, 1976 2. RESOLUTION NO. 5784 - RESOLUTION APPROVING 1976 TAX LEVY, COLLECTIBLE IN 1977• Alderman K. Peterson moved to waive reading and adopt Resolution No. 5784 entitled, Resolution Approving 1976 Tax Levy, Collectible in 1977. Seconded by Alderman Haag, the motion carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REQUEST OF HUTCHINSON YOUTH HOCKEY ASSOCIATION REGARDING RESOLUTION NO. 5743 - RESOLUTION ACCEPTING HOCKEY ARENA Mr. Curt Bradford appeared before the City Council and presented the amended Resolution No. 5786 entitled Resolution Amending Resolution No. 5743 entitled, Resolution Accepting Hockey Arena. Following discussion, Alderman Westlund moved that Resolution No. 5786 be adopted. The motion was seconded by Alderman B. Peterson and carried unanimously. (b) REQUEST OF DOWNTOWN RETAIL COUNCIL FOR REGULATION ON LIGHTING FOR CHRISTMAS DECORATIONS. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the request of the Downtown Retail Council that the Christmas decorations be lighted every night from November 26 through Christmas night, December 25, 1976, between the hours of sundown and 9:00 P.M. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 21/76 - VACATE PORTION OF HACKBERRY AVENUE IN AHREN'S HIGHLAND PARK SUBDIVISION After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 515 entitled, Vacate Portion of Hackberry Avenue in Ahren's Highland Park Subdivision. Motion carried unanimously. (b) ORDINANCE NO. 20/76 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to waive second reading and adopt Ordinance No. 514 entitled, An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map as revised by the City Council at a special meeting held September 16, 1976. Motion carried unanimously. -2- Council Minutes, September 28, 1976 (c) RESOLUTION NO. 5783 - RESOLUTION AUTHORIZING REPORTING RESPONSIBILITIES FOR THE COMMUNITY DEVELOPMENT PROGRAM. The motion was made by Alderman K. Peterson to approve and adopt Resolution No. 5783 entitled, Resolution Authorizing Reporting Responsibilities for the Community Development Program. Seconded by Alderman Haag, the motion carried unanimously. (d) RESOLUTION NO. 5781 - RESOLUTION IDENTIFYING SITES FOR ACQUISITION BY THE COMMUNITY DEVELOPMENT PROGRAM. After discussion, it was recommended by the Mayor to table Resolution No. 5781 entitled, Resolution Identifying Sites for Acquisition by the Community Development Program. A motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to table Resolution No. 5781 as above stated. Motion carried unanimously. (e) ORDINANCE NO. 17/76 - AN ORDINANCE TO ESTABLISH, DESIGNATE, ACQUIRE, PROVIDE, REGULATE, MAINTAIN AND IMPROVE AN OFF-STREET PARKING SYSTEM WITHIN A CENTRAL BUSINESS OFF-STREET PARKING DISTRICT, AND TO LEVY SPECIAL ASSESSMENTS AND TAXES AND TO ISSUE BONDS FOR THAT PURPOSE. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive second reading and adopt Ordinance No. 513 entitled, An Ordinance to Establish, Designate, Acquire, Provide, Regulate, Maintain and Improve an Off -Street Parking System within a Central Business Off -Street Parking District, and to Levy Special Assessments and Taxes and to Issue Bonds for that Purpose. Motion carried unanimously. (f) ORDINANCE NO. 24/76 - AN ORDINANCE TO ESTABLISH A TRANSPORTATION BOARD AND TO DEFINE ITS DUTIES AND MEMBERSHIP The Mayor explained the duties of the Transportation Board, which will include bringing matters to the Council. A motion was made by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive first reading and set second reading for October 12, 1976, for Ordinance No. 24/76 entitled, An Ordinance to Establish a Transportation Board and to Define Its Duties and Membership. Motion carried unanimously. The Mayor appointed the following to serve on the Transportation Board upon Council ratification: Dan Huntwork 3 -Year Term Emma Lake 3 -Year Term Mrs. Frances Gruhn 2 -Year Term Rick Johnson 2 -Year Term Carly Hoeft 1 -Year Term Brian Buchmayer 1 -Year Term Ralph Westlund Council Representative -3- Council Minutes, September 28, 1976 A motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to ratify above -stated appointments to the Transportation Board. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE DATED AUGUST 3, 1976 AND SEPTEMBER 16, 1976. There being no discussion, the minutes were ordered by the Mayor received for filing. (b) MINUTES OF THE HUTCHINSON PLANNING COMMISSION DATED AUGUST 31, 1976 AND SEPTEMBER 3, 1976. There being no discussion, the minutes were ordered by the Mayor received for filing. (c) MINUTES OF THE HUTCHINSON PARK & RECREATION BOARD DATED SEPTEMBER 1, 1976. There being no discussion, the minutes were ordered by the Mayor received for filing. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATIONS FOR DEFERRED ASSESSMENTS. A motion was made by Alderman Westlund, seconded by Alderman B. Peterson, to defer payments on Nl_ of Lot 3, Block 25 NZ City of Gertrude Jorgenson and Lot 8, Block 22, NZ City of Frieda Mayer. Motion carried unanimously. (b) CONSIDERATION OF COMMUNITY DEVELOPMENT LAND ACQUISITION POLICY AND PLAN WITH FAVORABLE RECOMMENDATION OF ADVISORY COMMITTEE. Community Development Director Pauley explained the land acquisition policy and plan and gave definitions for certain terms referred to. After discussion, it was the consensus of the Council that a change in the policy should be made so that the owner of property is contacted prior to any public announcements by radio or newspaper of land acquisition by the City. A motion was made by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5778 entitled, Resolution Adopting Land Acquisition Policy and Plan for Community Development Program. Motion carried unanimously. -4- Council Minutes, September 28, 1976 (c) CONSIDERATION OF COMMUNITY DEVELOPMENT RELOCATION POLICY AND PLAN WITH FAVORABLE RECOMMENDATION OF ADVISORY COMMITTEE Community Development Director Pauley explained the relocation policy and plan and presented a chart. He pointed out the law is very specific about relocation, and HUD requires that displaced individuals and families be presented with a packet explaining relocation procedures. The Mayor raised the question of available property for relocation. Director Pauley replied that they consider property replacement before they consider property acquisition. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5779 entitled Resolution Adopting Relocation Policy and Plan for Community Development Program. Motion carried unanimously. (d) CONSIDERATION OF COMMUNITY DEVELOPMENT POLICIES AND PROCEDURES GOVERNING THE OPERATION OF HUTCHINSON'S HOME REHABILITATION PRO- GRAM WITH FAVORABLE RECOMMENDATION OF ADVISORY COMMITTEE Homer Pittman, House Doctor, made a presentation of the Home Rehabilitation Program and answered questions raised. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5780 entitled, Resolution Adopting Policies and Procedures Governing the Operation of Hutchinson's Home Rehabilitation Program. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR VACATION OF ALLEY IN BLOCK 40 WEST OF GLEN STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive first reading and set second reading for October 12, 1976 for Ordinance No. 23/76 entitled, An Ordinance to Vacate an Alley in Block 40 West of Glen Street, Motion carried unanimously. (f) CONSIDERATION OF PRELIMINARY PLAT OF MCDONALD'S FIFTH ADDITION SUBMITTED BY EARL MCDONALD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION. A question was raised as to why half the street was left off the plat. Inasmuch as City Engineer Priebe was absent from the meeting, he will be asked to make an explanation at the next Council meeting. After discussion, a motion was made by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve above stated Preliminary Plat. Motion carried unanimously. -5- Council Minutes, September 28, 1976 (g) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY CROW RIVER COUNTRY CLUB WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Community Development Director Pauley recommended approval of the Preliminary Plat submitted by Crow River Country Club with the request that deferrment of Parks and Playground Contribution be made until the title is transferred. After discussion, a motion was made by Alderman Haag, seconded by Alderman K. Peterson, to approve said Preliminary Plat. Motion carried unanimously. (h) CONSIDERATION OF PRELIMINARY PLAT OF KLEINKAUF ADDITION SUBMITTED BY THOMAS KLEINKAUF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Attorney Neil Jensen appeared before the City Council on behalf of the Kleinkaufs and requested approval of the Preliminary Plat of Kleinkauf Addition. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve said request. Motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MR. BEN BENJAMIN WITH RECOMMENDATION OF PLANNING COMMISSION TO REJECT REQUEST After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag, to deny variance request as recommended by Planning Commission. Motion carried unanimously. (j) CONSIDERATION OF REGISTERED LAND SURVEY - WEST RIVER PARK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve the West River Park Registered Land Survey. Motion carried unanimously. (k) CONSIDERATION OF REZONING FROM C-4 AND 1-1 TO R-2, ALL LAND BETWEEN CHICAGO AND NORTHWESTERN RAILROAD TRACKS AND THE SOUTH FORK OF CROW RIVER AS ITS NORTH -SOUTH BOUNDARIES AND MAIN STREET AND THE RIVER- SIDE ADDITION AS ITS EAST -WEST BOUNDARIES WITH FAVORABLE RECOMMENDA- TION OF PLANNING COMMISSION After discussion, a motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to waive first reading and set second reading for October 12, 1976 for Ordinance No. 22/76 entitled, An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Offical Zoning Map. Motion carried unanimously. Council Minutes, September 28, 1976 (1) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FIRST ADDITION TO LAKEWOOD TERRACE SUBMITTED BY HARRY BACHMAN WITH FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman B. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5785 entitled Resolution Giving Approval of Final Plat of Lakewood Terrace First Addition. Motion carried unanimously. (m) CONSIDERATION OF ENTERING INTO A CONTRACT WITH ROY FRENTZ AND COMPANY OF MANKATO ASACQUISITION PROJECT APPRAISER WITH FAVORABLE RECOMMENDATION OF ADVISORY COMMITTEE After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to table consideration until property to be acquired is formally identified. Motion carried unanimously. (n) CONSIDERATION OF ENTERING INTO A CONTRACT WITH CRS, INC. AS ACQUI- SITION PROJECT REVIEWER WITH FAVORABLE RECOMMENDATION OF ADVISORY COMMITTEE After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to table consideration until property to be acquired is formally identified. Motion carried unanimously. (o) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request for reduced trash and refuse rate submitted by Mr. Otto E. Marquardt. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM ALDERMAN WESTLUND 1. Alderman Westlund moved that a final $299.02 payment be made to the Bicentennial Committee. It was seconded by Alderman B. Peterson, and passed unanimously. 2. After discussion of liability insurance for a three-year period to cover the Burns Manor Nursing Home Board, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the agreement for liability insurance for said Board. Motion carried unanimously. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the agreement for liability insurance to cover the Hutchinson Community Hosipital Board., Motion carried unanimously. -7- 3. Alderman Westlund pointed out the parking problems at Burns Manor Nursing Home, and he suggested the City gravel the north side of the present drive. It would require approximately seven yards of gravel 3" thick and would cost about $400 to $500. After discussion, it was moved by Alderman Westlund, seconded by Alderman Haag,to gravel said area for a parking lot at Burns Manor Nursing Home. Motion carried unanimously. (b) COMMUNICATIONS FROM ALDERMAN KAY PETERSON 1. Alderman Peterson made the suggestion that some kind of recog- nition should be given to property owners who have done considerable improving of their homes. Community Development Director Pauley then suggested that the Community Development Department prepare a "Commendation" Certificate to be signed by the Mayor and presented to home owners who have exhibited efforts in home beautification. It was the consensus of the Council that this be done. (c) COMMUNICATIONS FROM COMMUNITY DEVELOPMENT DIRECTOR 1. Community Development Director Pauley made the suggestion that a class for the public should be offered on home improvement and repair. Mayor Black was favorable to the suggestion. (d) COMMUNICATIONS FROM MAYOR BLACK 1. Mayor Black commented on the luncheon he had attended Monday at the Crow River Cooperative Center which was given for various city officials. He pointed out that Mr. Shukle had given tribute to the City Council for their assistance. 11. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNME14T There being no further business to come before the Council, the meeting was declared ajourned at 9:45 P.M. on motion by Alderman Ralph Wesltund, seconded by Alderman Haag, and upon a unanimous vote.