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07-27-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 27, 1982 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen and Alderman Ted Beatty, in addition to Mayor James G. DeMeyer. Absent: None. Also present: City Administrator Gary D. Plotz, City Attorney James Schaefer and City Engineer Marlow V. Priebe. 2. INVOCATION The invocation was given by the Reverend Robert Lounsbury. 3. MINUTES The minutes of the Bid Openings of July 8, 1982, July 13, 1982 and July 15, 1982 and Special Meetings of July 9, 1982 and July 15, 1982 were approved as presented on a motion by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried. It was pointed out by the Mayor that the minutes of the Regular Meeting of July 13, 1982 reflected a condensed version of the comments regarding the questions submitted to the Dorsey law firm. He, therefore, recommended that the tape re- cordings of the meeting made by the City and Crow River Cable TV be made a part of the record for a two-year time period. Following discussion, the motion was made by Alderman Mlinar to accept the min- utes of the Regular Meeting of July 13, 1982 and to make an addition to the minutes any pertinent documents such as video and tape recordings and/or written communications. Seconded by Alderman Carls, the motion carried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF ISSUANCE OF "ON SALE" INTOXICATING LIQUOR LICENSE TO JIM MCCLURE, OWNER OF LEBISTRO CAFE OF HUTCHINSON, INC. There being no discussion, the motion was made by Alderman Gruenhagen to close the hearing at 8:01 P.M. Seconded by Alderman Beatty, the motion unanimously approved. Alderman Beatty moved that, with favorable recommendation of the Chief of Police, to approve the application and issue an "On Sale" Intoxicating Liq- uor License to Jim McClure for the LeBistro Cafe, pending an opening date for operation. Alderman Mlinar seconded the motion, and it carried unani- mous ly . W COUNCIL MINUTES JULY 27, 1982 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY MABEL RANNOW After discussion, it was moved by Alderman Beatty, seconded by Alderman Carls and unanimously carried, to approve a reduced trash and refuse rate for Mabel Rannow. (b) CONSIDERATION OF REQUEST BY HUTCHINSON WRESTLING ASSOCIATION TO USE CIVIC ARENA ON AUGUST 14, 1982 The Hutchinson Wrestling Association requested permission to use the Civic Arena on August 14, 1982 to hold a benefit for Tom Ruzicka who suffered a swimming accident recently. The Association was agreeable to signing a re- lease of liability for the event, and they were to check into liability in- surance. Alderman Gruenhagen made the motion to grant the request for use of the Civic Arena for a benefit. Alderman Beatty seconded the motion, and it carried unanimously. (c) CONSIDERATION OF REQUEST FOR ADDITIONAL STREET LIGHTING AT LYNN'S AUTO SALES BY LYNN GERNAND Mr. Lynn Gernand requested an additional street light at his place of busi- ness, namely Lynn's Auto Sales. He further agreed to pay $75.00 per year for the additional service. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls and unanimously approved, to approve the request and refer it to Hutchinson Utilities. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 8/82 - AN ORDINANCE AMENDING PARKING ORDINANCE, SECTION 700: 169.34, SUBD. 10 FOR FIRE STATION After discussion, it was moved by Alderman Carls, seconded by Alderman Gruenhagen, to waive the second reading and adopt Ordinance No. 648 entitled An Ordinance Amending Parking Ordinance, Section 700:169.34, Subd. 10 for Fire Station. Motion approved unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JUNE 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. -2- COUNCIL MINUTES JULY 27, 1982 (b) MINUTES OF PLANNING COMMISSION DATED JUNE 15, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF PARK AND RECREATION BOARD DATED JUNE 9, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DENTAL GROUP INSURANCE POLICY RENEWAL City Administrator Plotz reported that Crown Insurance Company had not in- creased the premium for a renewal with their company. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve a dental group insurance policy renewal with Crown Insurance Company, effective August 1, 1982. Motion unanimously ap- proved. (b) CONSIDERATION OF FIRST AVENUE SOUTHWEST, NEMITZ PROPERTY (DEFERRED 7-13-82) The Mayor reported that he and the City Engineer had met with the property owners of Nemitz building. Mr. Benjamin had requested a franchise with the City be drafted for City Council consideration. After discussion, Alderman Gruenhagen moved to defer this subject until the September 14, 1982 City Council meeting. Seconded by Alderman Beatty, the motion carried unanimously. (c) CONSIDERATION OF CHANGE ORDER NO. 3 FOR HUTCHINSON FIRE STATION WITH RECOMMENDATION OF FIRE DEPARTMENT: (DEFERRED JULY 13, 1982) 1. $250 DELETION OF WALL COVERING MURAL 2. $252.09 ADDITION FOR FIRE SPRINKLER LIGHT AND MOVING TELEPHONE Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Mlinar, to approve Change Order No. 3 for the Hutchinson Fire Station. Motion unanimously approved. (d) CONSIDERATION OF FINAL PAY REQUESTS ON FIRE STATION SUBMITTED BY KORNGIEBEL ARCHITECTS (DEFERRED JULY 13, 1982) -3- v COUNCIL MINUTES JULY 27, 1982 Korngiebel Architects submitted a final pay request for the general and electrical contractors for the Fire Station. It was pointed out that their work would be under a one-year warranty. After discussion, Alderman Carls moved to approve the pay request for the general and electrical contractors as submitted by Korngiebel Architects. Alderman Beatty seconded the motion and unanimously approved. (e) DISCUSSION OF THE SALE AND DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON AND HUTCHINSON S&L REHAB, LIMITED PARTNERSHIP (REQUESTED BY ALDERMAN MLINAR AND ALDERMAN BEATTY) Extensive discussion was given to the Sale and Development Agreement for the S&L Project and the misunderstanding that resulted from the name of the wrong partnership (ie, Park Square Co.) being inserted under Section 1.08 Developer. It was clarified that the Developer is, in fact, Hutchidson. S&L Rehab, with Jim and Dick McClure as limited partners. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION BY HUTCHINSON JAYCEES FOR "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR SOFTBALL TOURNAMENT ON JULY 31 AND AUGUST 1, 1982 Mr. Randy Schultz, President of the Hutchinson Jaycees, requested a 3.2 beer license for a softball tournament. He stated the organization would check all I.D.'s and monitor sales to minors, as well as other conditions listed on their application. After discussion, it was moved by Alderman Carls to approve the application and issue the Malt Liquor License to the Jaycees and to request the Police Chief to file a written report with the City Council following the tourna- ment with a report of any problems. The motion was seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY LINDA PETERSON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Linda Peterson was present and requested the Council to defer action until the Council members could view the site as to what she was proposing to do. Her neighbors to the north and south were both present and expressed no ob- jection to the plan. Also, a third neighbor had telephoned each of the Council members to state he had no objection. Following discussion, the motion was made by Alderman Mlinar to defer ac- tion until the next City Council meeting of August 10, 1982. Seconded by Alderman Beatty, the motion carried unanimously. -4- 0 COUNCIL MINUTES JULY 27, 1982 (c) CONSIDERATION OF REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 464 SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (d) (e) City Engineer Priebe explained the amendment to the Zoning Ordinance No. 464 was to cover the requirement of tie -downs on mobile homes in accord- ance with state regulations. This particular item was omitted when the previous amendment was made to the zoning ordinance relating to mobile homes. The motion was made by Alderman Beatty to waive the first reading of Or- dinance No. 9/82 entitled An Ordinance Amending Ordinance No. 464, Sec- tion 8: Zoning Districts and Zoning Map, R-5 Mobile Home Park and set the second reading for August 10, 1982. Seconded by Alderman Carls, the mo- tion unanimously carried. CONSIDERATION OF FINAL PLAT FOR WRIGHT ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reported the preliminary plat was approved some time ago, and the final plat is now ready for approval by the County. The plat is within the two-mile radius of the City. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to approve the final plat for Wright Es- tates. CONSIDERATION OF PRELIMINARY PLAT FOR PRIEVE ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Priebe explained the Prieve Estates is located immediately north of the Wright Estates on the west side of Otter Lake. Following discussion, Alderman Gruenhagen moved to approve the preliminary plat for the Prieve Estates. The motion was seconded by Alderman Beatty and unanimously approved. (f) CONSIDERATION OF REMOVAL OF OLD ALLEY ENTRANCE It was reported by the City Engineer that the City has not removed the al- ley entrance panel and replaced the curb on First Avenue Southeast between Jefferson Street and Adams Street subsequent to vacation of the north 132 feet of the alley. A cost estimate in the amount of $340.00 has been re- ceived from Hanson Construction Company to do this work. After discussion, the motion was made by Alderman Mlinar, seconded by 9611 COUNCIL MINUTES JULY 27, 1982 Alderman Gruenhagen and carried unanimously, to approve the work being done by Hanson Construction Company,to remove the old alley entrance. (g) CONSIDERATION OF REPLACEMENT OF LINE TO WELL NO. 6 AT WATER TREATMENT PLANT Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to approve the replacement of line to well No. 6 at the water treatment plant. Motion unanimously approved. (h) CONSIDERATION OF HAVTI WORK STUDY AGREEMENT FOR 1982-83 SCHOOL YEAR It was reported this is an annual hgreement with HAVTI for the City to hire students for part-time work. After discussion, it was moved by Alderman Gruenhagen to approve and enter into a HAVTI Work Study Agreement for 1982-83. The motion was seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF CUTTING OF FENCE AT 229 FIFTH AVENUE NORTHEAST Rev. R. S. Crouse appeared before the Council concerning a fence on his property that had been cut. He stated that in October 1981 he was told the fence would have to be moved. Then one day he came home to find the fence had been cut. The City Attorney stated a court order by the District Court had instructed the City to install a fence, which became the property of Lowell Otto, in settlement for certain property given to the City by Mr. Otto. The City had not been responsible for cutting Rev. Crouse's fence, but it had placed stakes in the area. A property line discrepancy becomes a legal matter, and the dispute must be settled among the neighbors. The City has nothing to do with it. Following discussion, Alderman Beatty moved to have the City Engineer re view the property survey and report back to the City Council at the next regular meeting. The motion was seconded by Alderman Mlinar and unanimously carried. (j) REVIEW OF LOAN AGREEMENT FOR S&L PROJECT After considerable discussion, it was the consensus of the Council to hold a special meeting on August,2, 1982 at 7:00 A.M. to discuss items relating to the S&L Project. The motion was made by Alderman Mlinar to schedule a special City Council meeting for August 2, 1982 at 7:00 A.M., with Agenda Items 9-j. through 9-0. deferred to this meeting, as well as the Sale and Development Agreement, COUNCIL MINUTES JULY 27, 1982 Property Option Contract, and Awarding of Bid for $135,000 Tax Increment Financing (G.O. Tax Increment Bonds of 1982). Seconded by Alderman Beatty, the motion carried unanimously. (k) REVIEW OF PLEDGE AGREEMENT FOR S&L PROJECT Deferred to August 2, 1982 Special City Council Meeting. (1) REVIEW OF CONSTRUCTION LOAN AGREEMENT FOR S&L PROJECT Deferred to August 2, 1982 Special City Council Meeting. (m) REVIEW OF COMBINATION MORTGAGE AND SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FOR S&L PROJECT Deferred to August 2, 1982 Special City Council Meeting. (n) REVIEW OF ASSIGNMENT OF RENTS AND LEASES Deferred to August 2, 1982 Special City Council Meeting. (o) REVIEW OF FORM OF RESOLUTION Deferred to August 2, 1982 Special City Council Meeting. (p) CONSIDERATION OF CUTTING OF GRASS ON MCLEOD COUNTY FAIR GROUNDS Messrs. Clifford Popp and Wally Vorpahl represented the Fair Board regard- ing the cutting of the grass at the McLeod County Fair Grounds. Mr. Popp reported the Fair Board had been notified the City would no longer cut grass at the Fair Grounds. The Fair Board prepared a report of the bene- fits the City receives from the Fair Grounds being located in Hutchinson. City Attorney Schaefer suggested that perhaps a reciprocal agreement could be worked out between the City and the Fair Board. If it was the consensus of the Council to enter into such an agreement, the City Council could authorize the continued mowing of grass at the Fair Grounds. Alderman Beatty moved to instruct the City Attorney and City Administrator to pursue a reciprocal agreement with the Fair Board similar in nature to that of the National Guard. Seconded by Alderman Mlinar, the motion car- ried unanimously. It was moved by Alderman Mlinar to authorize the City crew to mow grass at the Fair Grounds in the interim before an Agreement can be reached with the Fair Board. The motion was seconded by Alderman Gruenhagen and unani- mously carried. -7- COUNCIL MINUTES JULY 27, 1982 (q) CONSIDERATION OF EHEIM PARK RENOVATION The Parks and Recreation Director requested Council approval to reland- scape Eheim Park. The monies would be available through a Community Ac- tion Benevolence Program. The project would be completed prior to Septem- ber 16, 1982 when the new Little Crow statue will be dedicated. After discussion, the motion was made by Alderman Carls to approve renova- tion of Eheim Park. Seconded by Alderman Mlinar, the motion unanimously approved. (r) CONSIDERATION OF PURCHASE OF BLEACHERS It was requested that approval be granted to purchase four sets of five row bleachers for an approximate cost of $2,800.00 to $3,000.00. Following discussion, Alderman Gruenhagen moved to grant approval to the purchase of bleachers. The motion was seconded by Alderman Mlinar and carried unanimously. (s) REVIEW OF PROPOSED LAYOUTS FOR OFF-STREET PARKING AT HASSAN STREET, THIRD AVENUE SOUTHEAST AND MAIN STREET SURROUNDING THE FAMITH PROPERTIES (REQUESTED BY ALDERMAN MLINAR AND ALDERMAN BEATTY, WITH MR. RICHARD SMITH PRESENT) Alderman Mlinar reported that Mr. Richard Smith had presented a proposal to the Parking Committee at their last meeting. Mr. Smith then displayed his three schemes and stated No. C was favored over the other two. His proposal would increase the parking capacity in the Red Owl block. Alderman Beatty stated a study was being done to determine if the off- street parking funds could be used to assist this project. After discussion, the motion was made by Alderman Gruenhagen to instruct the City Engineer to prepare drawings on the project and report back to the City Council. Seconded by Alderman Mlinar, the motion carried, with Alderman Beatty abstaining from voting. RECESS: A recess was taken at 10:20 P.M. upon motion by Alderman Mlinar, seconded by Alderman Carls and carried unanimously. The Council reconvened at 10:30 P.M. (t) REVIEW OF THE STATUS OF THE PROPOSED OPTIONS FOR OFF-STREET PARKING LOTS (REQUESTED BY ALDERMAN MLINAR AND ALDERMAN BEATTY) The Mayor commented that he and Alderman Gruenhagen had been appointed to work on property options for off-street parking lots. To date the Masonic Temple and First State Federal had been contacted and options will be M0 COUNCIL MINUTES JULY 27, 1982 prepared -for these properties. City Administrator Plotz stated it was the City's intent to hold public hearings on the parking program this summer. Public hearing notices would have to be published and the assessment rolls prepared. Prior to this, how- ever, it will be necessary to adopt a specific formula. It was then de- cided to hold a Parking Committee meeting on Friday, July 30, 1982 at 7:00 A.M. for the purpose of reviewing a formula. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to request the City Engineer to provide drawings and cost estimates for the area of First Avenue Northeast and Washington on Hassan Street for diagonal park- ing. Motion unanimously carried. (u) REVIEW OF THE STATUS OF THE OFF-STREET PARKING FUND BY CITY ACCOUNTANT City Accountant Merrill reported on the status of the off-street parking fund. It was his recommendation to make a temporary transfer of funds from the Liquor Store Fund to the Off -Street Parking Fund in the amount of $2,333.00. A payment is due on August 1, 1982 for the 1968/70 bonds. Pre- payment could be authorized at any time. Alderman Beatty moved to pre -pay the 1968/70 bond fund from the 1981 bond proceeds. The motion was seconded by Alderman Carls. After discussion, Alderman Beatty moved to amend his motion to be contingent upon an opinion from the Dorsey law firm and the drafting of the appropriate documents. Seconded by Alderman Carls. Upon roll call, the following votes were given: Aldermen Gruenhagen and Mlinar and Mayor DeMeyer voted nay and Aldermen Beatty and Carls voted aye. Motion failed. Alderman Gruenhagen moved to instruct the City Accountant to draft the necessary documents for a $2,333.00 transfer from the Liquor Store Fund to the Off -Street Parking Fund and pay the amount due on August 1, 1982. The motion was seconded by Alderman Mlinar and carried, with Aldermen-Carls, Mlinar, Giuenhagen"andABeatty voting aye and Mayor beifeyer voting nay. The City Attorney was instructed to research this matter further. (v) DISCUSSION IN CONNECTION WITH USE OF CITY VEHICLES (REQUESTED BY MAYOR) Mayor DeMeyer stated that some concerned citizens had expressed concern that some City staff are driving City vehicles some distance from town for personal reasons. Following discussion, Alderman Gruenhagen moved to defer this item until the September 14, 1982 City Council meeting. Motion seconded by Alderman Beatty. Alderman Gruenhagen amended the motion to request the drivers of City vehicles to justify their actions. Seconded by Alderman Beatty, the motion carried unanimously. COUNCIL MINUTES JULY 27, 1982 (w) DISCUSSION OF PARKING ASSESSMENT PLAN (REQUESTED BY MAYOR) This item was deleted from the Agenda. (x) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There being no one present regarding his/her account, it was moved by Ald- erman Carts to accept the staff recommendation to discontinue service on August 2, 1982 at 12:00 Noon unless otherwise noted, for the following ac- counts: 02-0125-0-00, 02-0140-4-00, 02-0215-0-00, 02-0280-1-00, 02-0645-3-00, 03-0030-2-00, 03-0340-2-00, 03-0420-2-00, 03-0500-8-00, 04-0920-1-00, 05-0180-0-00, 06-0280-1-00, 06-0470-1-00, 06-0760-2-00, 07-0590-3-00, 07-0860-0-00, 07-0910-1-00, 14-0105-6-00, 42-0070-1-00. Seconded by Alder- man Mlinar, the motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reminded the supervisors that evaluations are to be completed by August 10, 1982. It was determined by Judge Yost that there was no liability to the City for damage to a car caused by poor road conditions on Garden Road. Mr. Plotz informed the Council that August 1, 1982 would be the effective date for the increased refuse rates to go into effect. Junker Sanitation has been informed of the same. Mrs. T. P. Sheppard at 15 Franklin North contacted the City Administrator regarding her property. She would be agreeable to an appraisal of her prop- erty if she could have a life estate. A late request was received for Sgt. Ronald Kirchoff and Police Chief Dean O'Borsky to attend an Annual Criminal Justice Course on August 16-18, 1982. Permission was asked from the Council. It was moved by Alderman Carls, seconded by Alderman Mlinar, to approve attendance at the above-named course. Motion unanimously approved. (b) COMMUNICATIONS FROM CITY ACCOUNTANT City Accountant Merrill commented on the up -coming fall election. He stated he has several possible locations in mind. (c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported there were three spills from Amoco, and the City Engineer is working on the situation. lulls COUNCIL MINUTES JULY 27, 1982 Mr. Neumann stated he had attended a meeting with the Hassan Valley Townw ship prior to the Council meeting. The Township might be willing to give a Conditional Use Permit for each farmer who would have sludge on his land. Permission was requested to move a handicapped sign from in front of Yet- zer's over to Third Avenue. It was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the relocation. Motion unanimously approved. (d) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen reported he had a request from a handicapped person who enjoys softball to be allowed to park his vehicle closer to the ball field. (e) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar commented about the up -coming meeting of the Old Armory Research Committee on July 29, 1982. First there will be a tour of the Old Armory, and then the Committee will review documents and materials re- lated to the issue. 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 Beatty, seconded by Alderman Gruenhagen, and car- ried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:30 P.M. upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. -11-