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11-23-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 23, 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 Carts, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, Alderman Ted Beatty (arrived late at 8:25 P.M.), and Mayor James G. De - Meyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by Reverend Germain Rademacher. 3. MINUTES The minutes of the Special Meeting of October 29, 1982 and November 3, 1982 and Regular Meeting of November 9, 1982 were approved as presented upon motion by Alderman Mlinar, seconded by Alderman Carls and carried unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY EDNA NASS FOR REDUCED TRASH AND REFUSE RATE Following discussion, the motion was made by Alderman Carls to approve the reduced trash and refuse rate. Motion seconded by Alderman Gruenhagen and unanimously carried. (b) CONSIDERATION OF REQUEST FOR PERSONNEL COORDINATOR AND ADMINISTRATIVE SECRETARY TO ATTEND MUNICI-PALS WINTER WORKSHOP ON DECEMBER 3, 1982 After discussion, it was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to approve attendance at the workshop. Motion unanimously ap- proved. (c) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION FOR HELICOPTER TO LAND IN MUNICIPAL PARKING LOT FOR ARRIVAL OF SANTA CLAUS Following discussion, Alderman Gruenhagen moved to approve the request. Motion seconded by Alderman Carls and carried unanimously. 30 COUNCIL MINUTES NOVEMBER 23, 1982 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7292 - RESOLUTION RELATING TO AN $500,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (HUTCH S&L REHAB, LIMITED PARTNERSHIP PROJECT); AMENDING RESOLUTION NO. 7238, DATED AUGUST 2, 1982 (REQUESTED BY JIM AND DICK MCCLURE) Developer Jim McClure reported that some of the legal work on the project had not been completed so a final closing date had not been scheduled. He, therefore, requested a special meeting of the Council at a later date to consider Resolution No. 7292. Alderman Carls moved to defer action until a later special meeting of the City Council. The motion was seconded by Alderman Mlinar and unanimously carried. (b) RESOLUTION NO. 7294 - RESOLUTION ADDING SUB -PARAGRAPH A TO MINNESOTA STATUTE 168.041 SUBD. 3 Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7294 entitled Resolution Adding Sub -Paragraph A to Minnesota Statute 168.041 Subd. 3. Motion unanimously approved. (c) RESOLUTION NO. 7296 - RESOLUTION FOR PURCHASE After discussion, it was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7296 entitled Resolution for Purchase. Motion sec- onded by Alderman Carls and carried unanimously. (d) RESOLUTION NO. 7297 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, Alderman Gruenhagen made the motion, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7297 entitled Transferring $20,000 from Liquor Store to General Fund. Motion unanimously approved. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - OCTOBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED OCTOBER 19, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. -2- COUNCIL MINUTES NOVEMBER 23, 1982 (c) MINUTES OF TREE BOARD DATED OCTOBER 19, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PARKS & RECREATION BOARD DATED OCTOBER 6, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF STATUS OF OLD ARMORY 1. HEATING OF BUILDING DURING WINTER MONTHS Following discussion, Alderman Carls moved to continue heating the Old Armory building to a safe level throughout the winter, if neces- sary. Motion seconded by Alderman Gruenhagen and unanimously carried. 2. REPAIR OF LEAKING ROOF Maintenance Operations Director Neumann reported that after the first snow fall of the season, it became apparent there was a leak in the roof of the Old Armory building. At such time as the roof dries off, some tar will be placed over the leaking area. 3. ADVERTISING FOR BIDS The City Attorney stated the City could put the building to other use, but it was his recommendation to advertise it for bids to be sold, with wide coverage. Following discussion, Alderman Mlinar moved to advertise for bids to sell the Old Armory building using the normal bidding procedure. Mo- tion seconded by Alderman Gruenhagen and carried unanimously. Alderman Gruenhagen moved to have the bid opening on January 18, 1983 at 2:00 P.M. The motion was seconded by Alderman Mlinar and unanimously approved. It was further moved by Alderman Gruenhagen to not exceed an expendi- ture of $250 for advertising the Old Armory building. Motion seconded by Alderman Carls and unanimously carried. (b) CONSIDERATION OF AUTHORIZING CITY STAFF TO SET PUBLIC HEARING DATE FOR INDUSTRIAL REVENUE 140TE REQUESTED BY HUTCH COMPUTER INDUSTRIES (DEFERRED NOVEMBER 3, 1982) M911 V/ COUNCIL MINUTES NOVEMBER 23, 1982 It was reported to the Council that the financial statements for Hutch Computer Industries were ready to be sent to the City's auditor for re- view. A project data sheet and blueprints of the proposed project were presented and reviewed by the Council. Also, the required $1,000 escrow deposit for an industrial revenue note application was given to the City Clerk. Mention was made that the law firm of Briggs and Morgan would be handling the legal work for this project. After discussion, the motion was made by Alderman Mlinar to set a public hearing for December 14, 1982 at 8:00 P.M. Motion seconded by Alderman Gruenhagen and unanimously carried. It was moved by Alderman Gruenhagen, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7298. Motion unanimously approved. (c) REMOVED FROM AGENDA (d) CONSIDERATION OF ADOPTING PARKING ASSESSMENT ROLL AS AMENDED UNDER PLAN A OR B (REQUESTED BY ALDERMAN BEATTY) Mayor DeMeyer stated a public hearing, a special meeting and a workshop had been held on the issue of off-street parking. It was pointed out that the objections expressed by affected property owners to the parking program were reviewed. City Accountant Merrill presented an amended parking assessment plan that included Plan A, B and C. The various program costs were reviewed. Men- tion was made that there was a potential buyer for the Bretzke building, which would save the City demolition costs on that site. The City would then acquire only the bare land. City Administrator Plotz reported on parking assessment appeals. He stated that 130 notices were sent out on the public hearing, and 40 letters of ap- peal were received -in response. It was the Mayor's opinion that there would have to be another public hear- ing on the parking program prior to adoption of the amended assessment roll. The City Attorney stated that as long as the assessmentcaas less than the figure given in the original notice, there was no requirement for a second hearing. RECESS: Alderman Beatty moved to take a 10 -minute recess at 10:05 P.M. Seconded by Alderman Mlinar and unanimously carried. The meeting reconvened at 10:15 P.M. It was the consensus of the Council members that the audience should be allowed to speak on this issue. Alderman Beatty made the motion to consider - 4- COUNCIL MINUTES NOVEMBER 23, 1982 comments from the floor. Alderman Carls seconded the motion, and it car- ried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. Frank Fay commented this was the first meeting he had attended where a per- son could not speak. He stated the City Administrator had made reference to their discussion earlier today. Mr. Fay wanted to clarify that he was not opposed to the program, but rather was opposing the fact that it was not economically feasible for everyone involved. About five years ago the City shut down approximately 60% of the hotel building, which reduced his income. The taxes on the building are being increased and the market value reduced. He felt the assessments were out of line but would work with the City on a compromise. Irvin Burich stated the question tonight is on the City Council procedure. First there was a hearing, which was closed. Then plans A, B and C are presented, as well as appeals and compromises to the program. Either the assessments should be put into force or abandoned. He felt there was a basis for a new hearing. Also, Mr. Burich thought there should be limits of parking time on public parking lots. Chuck Brill looked more favorably at the amended program, although he still felt there was ample parking at present. He expressed concern of a parking lot located in back of the theater, whereby cars might come through the al- ley and hit theater customers. Dick Smith commented that his million dollar project was in jeopardy, de- pending on the plan adopted. He then presented a proposal in support of plan A with certain modifications. Alderman Beatty moved to amend parking assessments to encompass Plan A and to instruct the City Accountant to prepare a new assessment roll, with figures of the objectors, for a special meeting of the City Council to be held next week for the purpose of adopting said assessment roll. Motion seconded by Alderman Carls and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay, with his objec- tion based on the matter not being handled in the proper order. Alderman Beatty moved to set a special meeting for 4:00 P.M. on Tuesday, November 30, 1982 to review and adopt the amended assessment roll. Mo- tion seconded by Alderman Carls and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye, and Mayor DeMeyer voting nay. (e) CONSIDERATION OF ENGINEER'S REPORT FOR 1983 IMPROVEMENT PROJECTS City Engineer Priebe presented the requested engineer's report for the 1983 improvement projects, known as Project 83-01. It was his recommendation to 5611 COUNCIL MINUTES NOVEMBER 23, 1982 schedule a public hearing on the project for December 14, 1982 at 8:00 P.M. Following discussion, it was moved by Alderman Gruenhagen to approve the engineer's report. Motion seconded by Alderman Mlinar and unanimously ap- proved. Alderman Gruenhagen made the motion, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7293 entitled Resolution Receiving Report and Calling Hearing on Improvement, Project 83-01. Motion carried unani- mously. (f) CONSIDERATION OF FINAL PAY REQUEST FOR MECHANICAL CONTRACTOR ON NEW FIRE STATION (DEFERRED SEPTE[ABER 14, 1982) The Fire Department recommended final payment to the mechanical contractor for work on the new fire station. After discussion, the motion was made by Alderman Mlinar to approve the final payment to the mechanical contractor. The motion was seconded by Alderman Gruenhagen and unanimously approved. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR PERMITS: 1. CHRISTMAS TREE SALES: a) CHARLES PULKRABEK b) VIVIAN P. VARLAND c) LEONARD RIEMANN The motion was made by Alderman Gruenhagen to approve the applications and issue Christmas Tree Sales Permits to the above-named individuals. Motion seconded by Alderman Mlinar and unanimously carried. 2. SNOW REMOVAL: a) LLOYD CHRISTENSEN b) EVELYN HANSEN c) DON GLAS It was moved by Alderman Gruenhagen, seconded by Alderman Mlinar, to ap- prove the applications and issue Snow Removal Permits to the above-named individuals. Motion unanimously approved. (b) CONSIDERATION OF 1982 YEAR-END AUDIT City Accountant Merrill presented the 1982 year-end audit proposal from COUNCIL MINUTES NOVEMBER 23, 1982 Thorsen, Campbell, Rolando & Lehne, in the amount not to exceed $15,500. It was his recommendation to approve and enter into a contract. Following discussion, Alderman Carls moved to approve the 1982 year-end audit and enter into a contract with the auditing firm. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS No one was present to request an extension of the payment period. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to accept the staff recommendation to discontinue service at 12:00 Noon on December 1, 1982, unless otherwise indicated, for the following: Account No. 08-0370-1-00, 09-0295-1-00, 10-0265-0-00, 10-0545-4-00, 10-0569-1-00, 10-0670-0-00, 20- 0065-0-00, 24-0280-1-00, 26-0215-0-00, 36-0062-4-00, 38-0005-0-00, 39- 0096-0-00, and 10-1050-1-00. Motion unanimously approved. (d) CONSIDERATION TO DRAFT A TWO-HOUR PARKING LIMIT ON MUNICIPAL LOTS ONE BLOCK OFF MAIN STREET BETWEEN HASSAN AND FRANKLIN (REQUESTED BY JOE WESLEY) Joe Wesley expressed concern about downtown parking inasmuch as the park- ing lots are filled all day by business renters, apartment renters, and employees` cars. No room is left for the public and customers. He pointed out that today's shopper demands easy, convenient parking. He stated the Downtown Retail Association adopted a Resolution requesting the business employees to park on blocks east and west of Main Street. It was Mr. Wes- ley's suggestion that there be a two-hour limit on municipal parking lots. Instead of the parking assessment, the City could rent spaces to businesses that want to provide parking to their patrons. He was opposed to paying an assessment so that employees could park close to the door. Arthur Benjamin, Jr. confirmed that Mr. Wesley had pointed out some perti- nent information; however, on Saturday and Sunday there are plenty of park- ing spaces available. After discussion, the motion was made by Alderman Carls to direct the City Attorney to confer with the Police Chief to draft an Ordinance to be pre- sented to the City Council at their meeting of December 14, 1982. Motion seconded by Alderman Beatty and carried unanimously. (e) CONSIDERATION OF PURCHASE OF NEW PATROL CARS Following discussion, it was moved by Alderman Gruenhagek to authorize ad- vertising for bids for two new patrol cars. Motion seconded by Alderman Mlinar and unanimously approved. (f) CONSIDERATION OF SNOW DAY POLICY -7- COUNCIL MINUTES NOVEMBER 23, 1982 It was recommended that the present policy regarding snow days be revised so that employees will receive regular pay only for time actually worked on a snow day. Time away from work may be paid by use of banked comp, time or vacation time. After discussion, Alderman Gruenhagen moved to approve the snow day policy. Seconded by Alderman Beatty, the motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GORDON HEDLUND WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY Mr. Gordon Hedlund requested a Conditional Use Permit to allow the initia- tion of phase II for the Country Club Terrace, which would permit the addi- tion of 96 mobile home spaces to the existing mobile home park. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, that with the recommendation of the Planning Commission, to waive reading and adopt Resolution No. 7295 entitled Resolution Grant- ing Conditional Use Permit Under Section 6.07, B.1 (b) of Zoning Ordinance No. 464 for Phase II of Country Club Terrace, with the contingency the owner plant trees on the westerly edge of the property, which will be a continua- tion of trees planted in the present park. Motion unanimously approved. (h) CONSIDERATION OF REZONING EXISTING MOBILE HOME PARKS TO R-5, MOBILE HOME PARKS, IN ACCORDANCE WITH ZONING ORDINANCE NO. 464 WITH FAVORABLE RECOMMEN- DATION OF PLANNING COMMISSION Since mobile home parks are zoned R-5 in the Zoning Ordinance, it was recom- mended to rezone all of the existing mobile home parks in accordance with the existing Ordinance. After discussion, it was moved by Alderman Beatty to waive the first read- ing of Ordinance No. 13{82 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map, and to set the second reading for December 14, 1982. Motion seconded by Alderman Gruenhagen and carried unanimously. (i) CONSIDERATION OF ROADWAY PRESERVATION ON EXTENSION OF CENTURY AVENUE AND EXTENSION OF SUNSET STREET UNDER MAPS STREET ACT WITH RECOMMENDATION OF PLANNING COMMISSION The City Engineer commented that roadway right-of-way preservation should be considered for the westerly extension of Century Avenue from the Hutch- inson Mall Subdivision to the west line of the east half of Section 12, T116N, R30W and the southerly extension of Sunset Street from the Lipke Addition to the proposed extension of Century Avenue. COUNCIL MINUTES NOVEMBER 23, 1982 Following discussion, Alderman Mlinar moved to authorize City staff to proceed under the Maps Street Act. Motion seconded by Alderman Beatty and unanimously carried. (j) CONSIDERATION OF GUIDELINES FOR CITY COUNCIL PROCEEDINGS After discussion, Alderman Mlinar made the motion to defer action until the December 14, 1982 meeting for review of material received from the Mayor this evening. Seconded by Alderman Beatty and unanimously approved. (k) CONSIDERATION OF PURCHASING AUDIO-VISUAL EQUIPMENT FOR COUNCIL CHAMBERS The City Administrator reported the Fire Department has equipment for mak- ing video tapes which can be viewed on a television screen. The City needs two screens for use at the Planning Commission meetings. Recently the Hos- pital Administrator informed him that the hospital had two 19" black -and - white television sets which would be available for $25.00 each. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the purchase of two used television sets. Mo- tion carried unanimously. (1) CONSIDERATION OF SETTING A REVENUE SHARING BUDGET HEARING FOR DECEMBER 14, 1982 After discussion, Alderman Beatty moved to set a revenue sharing budget hearing for December 14, 1982 at 8:00 P.M. The motion was seconded by Ald- erman Gruenhagen and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator commented he had nothing to report at this time. (b) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported that the Utilities had installed two new sodium street lights on Main Street in the location of the post office. He sug- gested the Council members look at them to help determine if that was the type of street lighting they wanted along Main Street. It was stated that the county would be holding a public hearing on enact- ing a new ordinance regarding gravel pits. However, this action will not affect the City inasmuch as we own our gravel pit. M J COUNCIL MINUTES NOVEMBER 23, 1982 (c) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls reported that the Nursing Home Board had approved the pur- chase of a new van for Burns Manor. The vehicle will be equipped for the handicapped to enable transporting residents. One proposal for a Chevro- let chassis in the amount of $25,000 had been received. City Administrator Plotz stated that any purchase over $10,000 would have to be put out for bids according to State Statute. Alderman Carls was in- structed to inform the Nursing Home Board of this procedure. 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 Beatty, seconded by Alderman Gruenhagen, and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:07 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. -10-