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11-09-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 9, 1982 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen and Alderman Ted Beatty. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City At- torney James Schaefer. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Bid Opening of October 26, 1982 and Regular Meeting of October 26, 1982 were approved as presented upon motion by Alderman Mlinar, seconded by Alderman Carls and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR CITY CONTRIBUTION TO DRUG INVESTIGATION UNIT Mr. Chet Wiener, Director of the Drug Investigation Unit, made a presenta- tion on the operation of the Region E Unit, which covers an 18 county area. The City of Hutchinson was asked to contribute $200.00 toward maintaining the program. Police Chief O'Borsky recommended support of the program. He further stated that their department had used the D.I.U. equipment in the past and will continue to do so in the future. Following discussion, the motion was made by Alderman Carls to approve a contribution of $200.00 to the Drug Investigation Unit. Seconded by Ald- erman Mlinar and carried unanimously. (b) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO TURN ON HOLIDAY STREET DECORATIONS NOVEMBER 26, 1982 AT 4:30 P.M. After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the holiday street decorations being turned on at 4:30 P.M. on November 26, 1982. Motion unanimously approved. COUNCIL MINUTES NOVEMBER 9, 1982 (c) CONSIDERATION OF REQUEST BY CITY ADMINISTRATOR TO ATTEND STATE SMALL CITIES WORKSHOP ON NOVEMBER 10, 1982 Following discussion, Alderman Mlinar moved to approve attendance at the State Small Cities Workshop. The motion was seconded by Alderman Carls and unanimously carried. (d) CONSIDERATION OF REQUEST BY PERSONNEL COORDINATOR TO ATTEND TRANSIT CONFERENCE NOVEMBER 16-18, 1982 After discussion, the motion was made by Alderman Carls to approve the Personnel Coordinator to attend the Transit Conference. Motion seconded by Alderman Mlinar and unanimously approved. 6. RESOLUTIONS AND ORDINANCES None 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - OCTOBER 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 SEPTEMBER 23, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF 1983 IMPROVEMENT PROJECTS (DEFERRED SEPTEMBER 14, 1982) City Engineer Priebe commented that the reports on the 1983 improvement projects were distributed during the summer months, and it would be neces- sary to establish a public hearing date on December 14, 1982 to meet the time schedule. An alternative design report was presented, which deleted Franklin Street south of Fourth Avenue to T.H. No. 15. Following discussion, Alderman Carls moved to waive reading and adopt Reso- lution No. 7291 entitled Resolution Ordering Preparation of Report On Im- provement, Project 83-01, and set the public hearing date for December 14, 1982 at 8:00 P.M. for the 1983 improvement projects, with 1he exception of Franklin Street south of Fourth Avenue to T.H. No. 15. The motion was sec- onded by Alderman Mlinar and carried unanimously. -2- COUNCIL MINUTES NOVEMBER 9, 1982 (b) CONSIDERATION OF APPLYING $150,000 OF FEDERAL REVENUE SHARING MONEY TOWARDS OLD ARMORY UPDATING AND REDUCING AMOUNT OF INDEBTEDNESS TO BE INCURRED TO $81,500 (REQUESTED BY PAT MIKULECKY) (DEFERRED OCTOBER 12, 1982) Mayor DeMeyer read a copy of a letter received from Pat Mikulecky, in which he accused the City Council of denying him the right to speak at the Oc- tober 12, 1982 meeting. The Council was further accused of not wanting the public to be informed that the amount of the bond issue for the Old Armory could have been $81,500 with the use of revenue sharing funds. Mr. Mikulecky felt the election results would have been different if this in- formation had been made available prior to the election. The Mayor stated that subsequent to Mr. Mikulecky's request, the election results present a different situation; and the issue is closed until such time as the City Council reaches a decision on the Old Armory. Alderman Mlinar thought there should be a response from the Council to the accusations being made, and the Mayor was requested to contact Mr. Miku- lecky regarding this matter. (c) DISCUSSION OF HANDICAPPED CODES AS IT RELATES TO STATE OF MINNESOTA, AS IT PERTAINS TO USE OF PUBLIC BUILDINGS, AND AS IT RELATES TO GOVERNMENT FUNDING PROGRAMS (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer requested this item, as well as 8-d, be deferred until such time as the Building Official received a response from the state offices. (d) REVIEW OF BUILDING OFFICIAL'S LETTER REGARDING HANDICAPPED CODE UPDATES, INCLUDING DISCUSSION OF FIRST AND SECOND FLOOR OF CITY HALL AND LIBRARY (REQUESTED BY MAYOR DEMEYER) This item was deferred. (e) CONSIDERATION OF LEMANS FAMILY FUN CENTER AT HUTCHINSON MALL (DEFERRED OCTOBER 26, 1982) Mr. Robert Johnson, Manager of the game center in Hutchinson, informed the Council that LeMans operates 49 other centers in various states and enforces strict regulations. After a lengthy discussion, the motion was made by Alderman Mlinar to ap- prove the request and to grant a game center permit to LeMans Family Fun Center. Motion seconded by Alderman Carls and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CAR IMPOUNDING CONTRACT WITH PLOWMAN'S, INC. -3- COUNCIL MINUTES NOVEMBER 9, 1982 Following discussion, Alderman Mlinar moved to extend the present contract with Plowman's, Inc. for a period of two years. The motion was seconded by Alderman Carls and carried unanimously. (b) CONSIDERATION OF RESOLUTION TO ENTER INTO CONTRACT WITH STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION Transit Coordinator Sitz reported the contract was a renewal for an on-going program with the State of Minnesota for the public transportation service in Hutchinson. After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7288 entitled Resolution to Enter Into Contract with State of Minnesota, Department of Transporta- tion. Motion unanimously approved. (c) CONSIDERATION OF SERVICE AND MAINTENANCE CONTRACTS Following discussion, the motion was made by Alderman Mlinar to approve and enter into contracts for service and maintenance. Motion seconded by Alderman Carls and unanimously carried. (d) CONSIDERATION OF APPLICATIONS FOR SNOW REMOVAL PERMIT: 1. CURT PAULSEN 2. LESLIE JOHNSON 3. GENE BETKER 4. EDWIN KARG After discussion, Alderman Carls, seconded by Alderman Mlinar, moved to approve applications and issue permits to the above-named. Motion unani- mously approved. (e) CONSIDERATION OF RENEWING AIRPORT FARM LAND CONTRACTS WITH EUGENE BIRK AND GRANT KNUTSON City Administrator Plotz reported that Eugene Birk and Grant Knutson pre- viously rented airport farm land from the City. Both parties wish to renew their contracts for another three-year period. Following discussion, it was moved by Alderman Carls to approve and enter into contracts with Eugene Birk and Grant Knutson. Motion seconded by Ald- erman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR -4- COUNCIL MINUTES NOVEMBER 9, 1982 City Administrator Plotz reminded the Council he would be attending the State Small Cities Workshop on November 10 -and that City Hall would be closed for Veterans Day on Thursday, November 11. Mr. Plotz reported that Mr. Terry Brown, a free lance writer, had inter- viewed him regarding tax increment in Hutchinson. Mr. Brown hopes to pub- lish an article relating to this issue. Jim and Dick McClure, Hutchinson S & L Rehab, Limited Partnership, have requested that the necessary documents for the closing on the S & L prop- erty be prepared within the next week. A definite closing date has not been established. (b) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann commented that at the last meeting of the Hutchinson Safety Council the increased pedestrian/jogger use of the Oakland Avenue service road was discussed. The City Council was asked to explore plac- ing a sidewalk in the area or proper control of the pedestrian usage of the road.for safety reasons. City Engineer Priebe responded that he would prepare a report with the recommendation of a walkway along the service road of Oakland Avenue onto Echo Drive. The proposed walkway would become a part of the 1983 sidewalk construction program. (c) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney reported that in the lawsuit involving Elmer V. Johnson versus Daniel Wiifahrt and the City of Hutchinson, Dave Erlandson, and Hutchinson Police Department, the City, Officer Erlandson and the Police Department have been dismissed' from the lawsuit. (d) COMMUNICATIONS FROM THE MAYOR Mayor DeMeyer suggested establishing some guidelines for industrial revenue notes and asked the City Attorney to prepare something in writing for the Council to review. City Administrator Plotz pointed out that the City already had guidelines stating the procedure and process to be followed. In addition, the City's auditing firm should review the applicant's financial statements to deter- mine if the project is feasible prior to a public hearing. Following discussion, Alderman Carls ments for Hutch Computers to the City Mlinar and unanimously approved. -5- moved to submit the financial state - auditors. Seconded by Alderman COUNCIL MINUTES NOVEMBER 9, 1982 (e) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar inquired about unfair campaign practices during an election. He was told by the City Attorney that the County Attorney's office would be in charge of this matter, and he would check into it further. Alderman Mlinar requested that copies of a League of Minnesota Cities bro- chure entitled Validity of Expenditures for Specific Purposes, A Discus- sion of Legal Principles and Examples, be ordered for the Council members. In further comments, Alderman Mlinar made reference to the fact that Cummins Auction Company had been denied a public auction permit by the City, but they were holding an auction at the Hutch Auction Barn outside City limits. City Administrator Plotz stated the City ordinances regulate City property but not private property. Clarice Coston injected into the conversation the fact that the Chamber of Commerce Retail Committee is investigating City ordinances pertaining to transient merchants. This area has become a growing problem with various kinds of merchandise being sold. It was felt there should be some kind of control, and the Committee wants to work with the City on this project. (f) CITY COUNCIL WORKSHOP ON DOWNTOWN PARKING PLAN It was the consensus of the Council members that a City Council Workshop on the downtown parking plan should be scheduled for Monday, November 15, 1982 at 3:30 P.M. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:50 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar and unanimously carried.