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08-10-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 10, 1982 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Mike Carls. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend James Lauer. 3. MINUTES The minutes of the Regular Meeting of July 27, 1982 were approved as amended upon motion by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to ap- prove the minutes of the Special Meeting of August 2, 1982 as presented. Motion unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE ON SEPTEMBER 9-11, 1982 FOR YOUTH RALLY Following discussion, the motion was made by Alderman Beatty to approve the use of Library Square for a Youth Rally on September 9-11, 1982. The motion was seconded by Alderman Gruenhagen and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 9/82 - AN ORDINANCE AMENDING ORDINANCE NO. 464, SECTION 8: ZONING DISTRICTS AND ZONING MAP, R-5 MOBILE HOME PARK After discussion, Alderman Beatty moved to waive the second reading and adopt Ordinance No. 649 entitled An Ordinance Amending Ordinance No. 464, Section 8: Zoning Districts and Zoning Map, R-5 Mobile Home Park. Seconded by Alderman Gruenhagen, the motion unanimously carried. (b) RESOLUTION NO. 7240 - RESOLUTION OF APPRECIATION - CLINTON TRACY Mayor DeMeyer read the Resolution of Appreciation in its entirety. It was moved by Alderman Gruenhagen to adopt Resolution No. 7240 entitled W COUNCIL MINUTES AUGUST 10, 1982 Resolution of Appreciation for Clinton Tracy. Seconded by Alderman Beatty, the motion carried unanimously. (c) RESOLUTION NO. 7239 - RESOLUTION SETTING ELECTION, TIME, PLACE LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR STATE PRIMARY ELECTION AND STATE GENERAL ELECTION City Administrator Plotz reported six locations had been considered for a voting place, and the choice was narrowed down to two. The New Armory was available and had storage space for the voting machines between elections. The one disadvantage was the location on the edge of town, but the Hutchmo- bile could be utilized to transport voters. Peace Lutheran Church had two areas available for placing the voting machines, but approval would have to be obtained from the church Trustees to rent the space. Following discussion, a motion was made by Alderman Beatty to approve the New Armory as a polling place and waive reading and adopt Resolution No. 7239 entitled Resolution Setting Election, Time, Place Locations of Pre- cincts, and Appointing of Judges for State Primary Election and State Gen- eral Election. Seconded by Alderman Gruenhagen, motion unanimously approved. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - JULY 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED JUNE 17, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PARKS AND RECREATION BOARD DATED JULY 7, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CUTTING OF FENCE AT 229 FIFTH AVENUE NORTHEAST (DEFERRED JULY 27, 1982) City Engineer Priebe reported he had mailed Rev. Crouse a copy of the memor- andum addressed to the City Council, and he had received no response. It was established that the existing fence was not located on the property line as deeded. A surveyor does not have the authority to deviate the occupancy lines and property lines; it must be resolved by legal action. -2- COUNCIL MINUTES AUGUST 10, 1982 After discussion, it was moved by Alderman Gruenhagen that the subject be dropped. Motion seconded by Alderman Beatty and unanimously carried. (b) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY LINDA PETERSON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED JULY 27, 1982) Mayor DeMeyer reported that Linda Peterson had requested this item be deferred until the next City Council meeting. It was moved by Alderman Mlinar to defer this item until August 24, 1982. Seconded by Alderman Beatty and carried unanimously. (c) REVIEW OF PROPOSED LAYOUTS FOR OFF-STREET PARKING AT HASSAN STREET, THIRD AVENUE SOUTHEAST AND MAIN STREET SURROUNDING FAMITH PROPERTIES (DEFERRED JULY 27, 1982) A review was made of the proposals submitted at the last Council meeting relating to parking on Franklin Street, Hassan Street, and Mr. Richard Smith's parking proposal for angle on -street parking along Franklin Street. City Engineer Priebe had reviewed angle parking and estimated it would cost ap- proximately $10,000.00 to make the change. Mr. Smith reported he also expected to add parking spaces in the vicinity of the office complex on Main Street by removing the telephone booth and payment center presently located in the parking lot and implement angle parking. A bumper curb would be installed along Main Street in front of the office building, which would allow for four additional spaces. The project would be financed by special assessments to the property owners unless it was determined that off-street parking bond funds could be used for on -street parking. The City Attorney will contact the Dorsey law firm regarding a legal opinion on this matter. Mr. Smith was requested to submit to the City a petition for the improve- ment. Following discussion, it was moved by Alderman Beatty to waive reading and adopt Resolution No. 7244 entitled Resolution Ordering Preparation of Report on Improvement. The motion was seconded by Alderman Mlinar and unanimously carried. Alderman Beatty moved to waive reading and adopt Resolution No. 7245 en- titled Resolution Receiving Report and Calling Hearing On Improvement, and set the public hearing date for August 30, 1982 at 8:00 P.M. Seconded by Alderman Mlinar, the motion unanimously approved. The Council was informed by Mr. Smith that just today he had completed the acquisition of the Cenex property, Gingerbread House, Farmer's Union build- ing, and a vacant structure. He further stated he was willing to offer this property to the City for an off-street parking lot on Main Street which would accommodate approximately 50 parking spaces. m9a 0 COUNCIL MINUTES AUGUST 10, 1982 It was the consensus of the Council that Mr. Smith's proposal should be referred to the Parking Committe. Alderman Beatty moved to refer Mr. Smith's off-street parking proposal to the Parking Committee. Seconded by Alderman Mlinar, the motion carried unanimously. City Engineer Priebe presented.two layouts for improvements on Hassan Street. Alderman Gruenhagen suggested leaving the ingress and egress on the north side of the Bretzke building to allow utilization of the big doors if the building was retained and a parking lot constructed behind it. Alderman Beatty moved to waive reading and adopt Resolution No. 7246 en- titled Resolution Ordering Preparation of Report on Improvement. Seconded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 7247 entitled Resolution Receiving Report and Calling Hearing on Improvement and set the public hearing date for August 30, 1982 at 8:00 P.M. Motion seconded by Alderman Mlinar and unanimously approved. (d) CONSIDERATION OF REQUEST FOR ALL DOWNTOWN STREET LIGHTS TO BE TURNED ON MONDAY AND THURSDAY EVENINGS (DEFERRED APRIL 13, 1982) City Administrator Plotz reported the Hutchinson Utilities had determined the cost for street lights to be manually turned off and on for Monday and Thursday evenings in the downtown area would be $400.00 per month for labor and an additional two extra days of electrical cost. An alternative would be to replace the present lights with a high or low pressure sodium lights in the downtown area. The savings would be gained over a period of a few years. Replacement of the lights will be considered in the 1983 budget. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, that all street lights presently turned off be turned on again November 1, 1982. Motion unanimously approved. (e) CONSIDERATION OF REPORT ON EMPLOYMENT BY PERSONNEL COORDINATOR Following discussion, Alderman Beatty moved to accept the Report on Employ- ment and commend the Personnel Coordinator for the report. Seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF ISSUING FINAL PAYMENT FOR SENIOR CENTER TO KRAUS-ANDERSON It was reported that the final items in the interior of the Senior Center and kitchen had been completed by Kraus -Anderson, and it would be appropriate to make final payment of $3,000.00 on the kitchen contract at this time. After discussion, it was moved by Alderman Mlinar to make the final payment of $3,000.00 for the kitchen contract to Kraus -Anderson. Motion seconded by Alderman Beatty and carried unanimously. -4- COUNCIL MINUTES AUGUST 10, 1982 (g) CONSIDERATION OF AWARDING BID FOR $490,000 IMPROVEMENT BONDS OF 1982 AND $1,275,000 GENERAL OBLIGATION WATER REVENUE BONDS OF 1982 Mr. Bill Fahey of Ehlers & Associates reported on the bids received for the 1982 bonds. It was his recommendation to award the sale to Cronin & Mar- cotte, Inc. He further commented that the City of Hutchinson had main- tained an "A" rating. The rating could have gone up to "A-1" if the State's economic condition would have been more favorable. Following discussion, the motion was made by Alderman Beatty to waive read- ing and adopt Resolution No. 7241 entitled Resolution Relating to $490,000 Improvement Bonds of 1982 and $1,275,000 General Obligation Water Revenue Bonds of 1982; Awarding the Sale Thereof. Seconded by Alderman Mlinar, the motion unanimously approved. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7242 entitled Resolution Relating to $490,000 Improvement Bonds of 1982; Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor. Motion carried unanimously. The motion was made by Alderman Mlinar to waive reading and adopt Resolution No. 7243 entitled Resolution Relating to $1,275,000 General Obligation Water Revenue Bonds of 1982; Authorizing the Issuance and Prescribing the Form and Details Thereof, and Providing for Their Payment. The motion was seconded by Alderman Beatty and unanimously approved. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE: 1. FAIR BOARD 2. MASONS & EASTERN STARS After discussion, Alderman Beatty moved to approve the applications and issue cigarette licenses. Seconded by Alderman Gruenhagen and unanimously carried. (b) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE: 1. FAIR BOARD - AUGUST 20-24, 1982 2. JAYCEES - AUGUST 14-15, 1982 Following discussion, it was moved by Alderman Mlinar, seconded by Alder- man Gruenhagen, to approve the applications and issue licenses. Motion unanimously approved. -5- COUNCIL MINUTES AUGUST 10, 1982 (c) CONSIDERATION OF TEMPORARY ROAD SIGN AT HUTCHINSON MALL The Promotion Coordinator at the Hutchinson Mall requested a permit to al- low a temporary road sign on the Mall property for a period of six months. A permanent sign is being designed for The Mall. City Engineer Priebe stated that if the sign was on the highway right-of-way, it would require permission from the State. However, it it were placed in the 25 foot platted road right-of-way, the sign could be placed with City approval.and not involve the State. Following discussion, Alderman Gruenhagen moved to grant the request to have a temporary sign at the Hutchinson Mall, contengent upon the road sign being placed within the 25 foot road right-of-way area. Seconded by Alder- man Mlinar, the motion unanimously approved. (d) CONSIDERATION OF SIDEWALK RENOVATION PROJECT City Engineer Priebe reported that sidewalk renovation was scheduled for 1982 in the area of Hassan Street between First and Second Avenue North. Two petitions were received requesting the project be dropped. It was the consensus of the Council not to include this area in the 1982 sidewalk projects at this time. The motion was made by Alderman Mlinar to drop the sidewalk renovation project on Hassan Street between First and Second Avenue North from the 1982 projects. Motion seconded by Alderman Gruenhagen and carried unanimously. (e) CONSIDERATION OF ESTABLISHING DATE TO REVIEW AIRPORT ZONING WITH AIRPORT ZONING BOARD AND AIRPORT COMMISSION City Administrator Plotz reported that the State reimbursement for main- tenance and operations costs incurred from July 1, 1981 through June 30, 1982 will be held until such time as the City indicates progess has been made in zoning the airport. It was recommended that a joint meeting of the Airport Zoning Board and Airport Commission be scheduled to address the issue. Alderman Gruenhagen moved to authorize the City Administrator to set up a joint meeting with the necessary people present. Seconded by Alderman Beatty, the motion unanimously carried. (f) CONSIDERATION OF "NO PARKING" SIGNS AT ENTRANCE TO FRED ROBERTS PARK Chief of Police O'Borsky recommended that "No Parking Signs" be posted at the emergency vehicle entrance and in the parking lot of Fred Roberts Park. COUNCIL MINUTES AUGUST 10, 1982 The motion was made by Alderman Gruenhagen to post two "No Parking" signs at the entrance to Fred Roberts Park. The motion was seconded by Alder- man Beatty. After discussion, it'was) determined that four signs were be- ing requested. Alderman Beatty moved to post two "No Parking" signs on either side of the entrance at the fence and two "No Parking" signs in the parking lot of Fred Roberts Park. The motion was seconded by Alderman Mlinar and carried unanimously. (g) CONSIDERATION OF REQUEST BY JOHN KORNGIEBEL TO DISCUSS OLD ARMORY ARCHITECTURAL SERVICES Mr. John Korngiebel of Korngiebel Architects appeared before the Council regarding a recent decision made by the City Council to hire an out-of-town architectural firm for a study to upgrade the Old Armory. He stated his firm was interested in performing the architectural services required. For background information, it was stated the Old Armory Research Committee had recommended hiring an architect. There was strong feeling on the part of the Committee that an outside firm be hired to avoid bias, partiality or discrepancy of the facts presented. Also, some individuals have questioned the Building Official's interpretation of the codes. Therefore, on August 4, 1982 the Council made the motion to engage an out-of-town firm. In order to present a referendum to the voters on the Old Armory, it is necessary to obtain accurate figures of cost to upgrade the building. Mr. Korngiebel remarked that there were no interpretations of the codes, and his firm would not be biased. He further asked for reconsideration for Korn- giebel Architects to perform the architectural services for the Old Armory. (h) CONSIDERATION OF OPTION AGREEMENT FOR $100 FOR LOTS 4 & 5 IN BLOCK 14, SOUTH HALF CITY An option to purchase agreement had been received from Mr. and Mrs. Roger Mies and Mr. and Mrs. Roger J. Dummer for property located at 145 Second Avenue Southwest, Hutchinson, for a purchase price of $45,000.00. A tenant presently occupies the house. Following discussion, Alderman Beatty moved to refer the option agreement to the Parking Committee for a recommendation. Seconded by Alderman Mlinar, the motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator had nothing to report. -7- COUNCIL MINUTES AUGUST 10, 1982 (b) PRESENTATION OF FLAG FROM COAST TO COAST STORE On behalf of the Coast to Coast store, Mrs. Clarice Coston presented to the City a new American flag. It was moved by Alderman Beatty to instruct the City Administrator to send a letter of appreciation to the owners of the Coast to Coast store. Sec- onded by Alderman Gruenhagen, the motion unanimously approved. (c) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported on a visit to Bloomington by the City Admin- istrator, City Attorney and City Engineer to obtain information on the City of Bloomington's maintenance assessment policy. The Building Official, Alderman Gruenhagen and City Engineer met with the owners of the Midwest Trailer Park regarding the need for the lots to be surveyed and laid out. (d) COMMUNICATIONS FROM ALDERMAN TED BEATTY Alderman Beatty made reference to a recent report received from the League of Minnesota Cities regarding pending legislation for Cable TV. He felt the Council should adopt a Resolution opposing legislation so that the City would have control over local Cable TV. It was moved by Alderman Beatty that the City Council go on record opposing passage of Bill S. 2172 in the U.S. Senate. Seconded by Alderman Mlinar, the motion unanimously carried. (e) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar stated the City Council had authorized $500.00 for the pur- pose of printing a brochure on the Little Crow statue. For an additional amount of $138.00, the City could purchase twice as many brochures (1,000). After discussion, the motion was made by Alderman Gruenhagen to authorize the additional $138.00 for 1,000 brochures. Seconded by Alderman Mlinar and unanimously approved. It was pointed out by Alderman Mlinar that the Parks and Recreation Direc- tor will be assisting Bud Daggett and Fred Roberts in preparing the site and base for the new Little Crow statue. It was moved by Alderman Beatty to authorize the use of equipment and labor necessary for the provisions of the Little Crow statue. The motion was sec- onded by Alderman Gruenhagen and carried unanimously. ME COUNCIL MINUTES AUGUST 10, 1982 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds on a motion by Alderman Gruenhagen, seconded by Alderman Beatty and unani- mously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 P.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously.