Loading...
01-12-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 12, 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 Jim DeMeyer. Absent: None. Also present: City Administrator Gary D— Plotz and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Robert Lounsbury of the Bethany Baptist Church. 3. MINUTES The minutes of the Regular Meeting of December 22, 1981 and Special Meetings of December 23, 1981 and December 31, 1981 were approved as read upon motion by Ald- erman Beatty, seconded by Alderman Gruenhagen and carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY LIDA BLOCK FOR REDUCED TRASH AND REFUSE CHARGE Following discussion, the motion was made by Alderman Beatty to approve the reduced trash and refuse charge for Lida Block. Seconded by Alderman Mlinar, the motion carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 29/81 - ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS" After discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen and carried, to waive the second reading and adopt Ordinance No. 641 entitled Ordinance Amending Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "No Parking Areas". (b) ORDINANCE NO. 30/81 - AMENDMENT OF HUTCHINSON ZONING ORDINANCE NO. 464 AND ORDINANCE NO. 621 Following discussion, the motion was made by Alderman Carls to waive the v COUNCIL MINUTES JANUARY 12, 1982 second reading and adopt Ordinance No. 642 entitled Amendment of Hutchinson Zoning Ordinance No. 464 and Ordinance No. 621. The motion was seconded by Alderman Beatty and carried. (c) RESOLUTION NO. 7069 - ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, Alderman Gruenhagen moved to waive reading and adopt Reso- lution No. 7069 entitled Accepting $62,500 from the Hutchinson Utilities Com- mission. Seconded by Alderman Mlinar, the motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY REPORT OF BUILDING OFFICIAL - DECEMBER 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF TREE BOARD DATED NOVEMBER 18, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF INVOICE FOR JOINT GYMNASIUM PROJECT Alderman Gruenhagen presented background information regarding the joint gym- nasium project. He and former Mayor Westlund represented the City on a joint committee,with two representatives from the School District. Korngiebel Arch- itects was contacted by the committee, with approval from both entities, to prepare a schematic sketch of a proposed gym, not to exceed $500.00 in cost. The school contracted Stegner -Hendrickson Architects for additional services on the gymnasium project, for a total billing of $9,840.60. The City Council had never authorized the involvement of Stegner -Hendrickson with the project, but it was suggested by the school that the City pay one-half the fee. It was Alderman Gruenhagen's opinion that the City should not be obligated to pay on the invoices received from Stegner -Hendrickson. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Carls, to appoint the City Attorney to determine authorization for the bill- ing received from Stegner -Hendrickson. Motion carried. (b) RE -CONSIDERATION OF RESOLUTION NO. 7058, APPOINTING LEGAL COUNSEL (REQUESTED BY ALDERMAN CARLS AND ALDERMAN BEATTY) City Attorney Schaefer stated he was satisfied with the six-month appointment as City Attorney, with a review and re -appointment at the end of this period. -2- COUNCIL MINUTES JANUARY 12, 1982 Alderman Carls inquired how being City Attorney affected Mr. Schaefer's reg- ular work load. City Attorney Schaefer responded that he does misdemeanor prosecution on behalf of the City. As a result, neither he nor anyone in his office can defend anyone charged with such an offense in Hutchinson. Alderman Carls then inquired if the City had a contract with the City At- torney so there was an obligation for his salary in the event the City dis- continued his services. Mr. Schaefer stated he wasn't aware of any contract, but rather his appointment was by Resolution. Therefore, the Council could terminate his services at any time. It was the consensus of the Council that a review process or procedure should be established for the City Attorney and that he should be notified two months prior to re -appointment or termination. Alderman Gruenhagen moved that on or before May 1, 1982, the City Attorney should be notified of re -appointment for 1982 or termination of services. Seconded by Alderman Beatty, the motion carried. (c) RE -CONSIDERATION OF RESOLUTION NO. 7057, APPOINTING CITY OFFICERS FOR 1982 (REQUESTED BY ALDERMAN CARLS AND ALDERMAN BEATTY) Mayor DeMeyer commented on several changes made in Resolution No. 7057 re- garding 1982 appointments of City Officers. He felt there was a need for backup personnel in four departments; therefore, four positions were created as Assistant to the Director. Alderman Carls expressed reservations about the titles used and was concerned about job descriptions and additional salary. He would like to continue with the same system used last year. Alderman Beatty stated that having a person designated as backup for a direc- tor could create problems with a title. He suggested the Personnel Coordina- tor write job descriptions. Alderman Mlinar thought someone needed to be appointed to be responsahle when the Director was gone. Alderman Carls made the motion to return to the 1981 list of officers which would delete the positions of Assistant Director of Parks & Recreation, Assis- tant Liquor Store Manager, Assistant Water Plant Operator. The motion was seconded by Alderman Beatty, with Aldermen Carls, Gruenhagen and Beatty vot- ing aye and Alderman Mlinar and Mayor DeMeyer voting nay. Motion carried. Alderman Carls then moved to amend the motion to include the position of Assistant Wastewater Plant Operator. Seconded by Alderman Beatty, the mo- tion carried. -3- COUNCIL MINUTES JANUARY 12, 1982 Marilyn Kensey-Ward commented that she works in the Recreation Department. In the absence of the Director, there would be four individuals she would report to for directions if no Assistant was appointed for the department. Helga Nielsen stated she could see both positions, but she felt it would take a big load off the Director if the Council appointed an Assistant. The position would be appointed, and the Director wouldn't have to make the de- cision. Personnel Coordinator Sitz stated she couldn't see any problems with who is in chain of command. In one case the Assistant is under paid because of his length of employment with the City. Perhaps there is a need to look at the weak links in the chain of command. Alderman Mlinar moved to look into the policy or guidelines for when the Director is not present for any length of time. Seconded by Alderman Gruen- hagen, the motion carried. 9. NEW BUSINESS (a) REVIEW OF EMPLOYMENT STATUS OF ELDEN WILLARD, BUILDING OFFICIAL The motion was made by Alderman Gruenhagen, seconded by Alderman Carls, to defer this item to the next Council meeting. Motion carried. (b) CONSIDERATION OF SNOW REMOVAL POLICY Maintenance Operations Director Neumann reported the verbal City snow removal policy has been put into written form. After discussion, the motion was made by Alderman Beatty to approve the snow removal policy. The motion was seconded by Alderman Gruenhagen and carried. (c) CONSIDERATION OF TWO MEMOS DATED DECEMBER 30, 1981 FROM JOHN KORNGIEBEL REGARDING FIRE STATION John Korngiebel informed the Council that an option to the fire station would be to increase the number of sprinkler heads in the barn area for a lower in- surance rate. The cost proposal for the change would be $2,700.00. City Administrator Plotz reported the City insurance carrier, Madsen Insur- ance, had stated there would be a $50.00 per year savings. Fire Chief Schlueter stated he reviewed the original plan, which meets the fire code requirements. There had to be a determination of whether the fire station was a garage or storage shed. A garage would require 42 sprinkler heads, while a storage shed would call for 62. It was determined the fire station was a garage. -4- COUNCIL MINUTES JANUARY 12, 1982 It was the consensus of the Council that this option did not present a big enough savings to install additional sprinkler heads in the fire station. Alderman Beatty inquired about problems with the vent and air supply by lowering the ceiling. Fire Chief Schlueter responded that the suspended ceiling would require some work to be done, which the firemen could do for approximately $150.00. Alderman Carls moved to rescind previous Council action to refuse to change the duct work in the fire station. Seconded by Alderman Gruenhagen, the mo- tion carried. Alderman Carls made the motion to authorize the firemen to complete the duct work changes as planned, with a maximum cost of $200.00 to cover the changes. The motion was seconded by Alderman Mlinar and carried. (d) CONSIDERATION OF ESTABLISHING POLICY ON DEADLINES FOR COUNCIL AGENDA AND DROPPING SUPPLEMENTAL AGENDA The City Council members felt it was difficult to review the items listed on the Supplemental Agenda and reach a decision in such a limited amount of time. Therefore, they preferred to delete the Supplemental Agenda and es- tablish a deadline for the Council Agenda. City Administrator Plotz pointed out there could be several items to be added to a Supplemental Agenda due to the time limitations; ie., cigarette license, 3.2 beer (short-term) license, snow removal permit, or a notice to the Coun- cil for a special meeting. Also, Mr. Plotz commented on the open agenda policy, which would allow any Council member, the Mayor, or City staff to enter items on the Agenda. Alderman Gruenhagen moved to direct the City Administrator and Administrative Secretary to establish a cut-off date for the regular Council meetings and special Council meetings of 10:00 A.M. on the Friday prior to the scheduled meeting for Agenda items, but if a request is received after the cut-off date and prior to the meeting time, the Council members should be made aware of it and determination made if it should be acted upon. Seconded by Alderman Mlinar, the motion carried. (e) CONSIDERATION OF RESCINDING PREVIOUS ACTION ON ORDINANCE NO. 28/81 CONCERNING CONVERSION OF CERTAIN CITY PROPERTY TO PUBLIC PARKING, ACCEPTANCE OF DONATION AND GRANTING OF LIMITED PROPERTY RIGHTS City Attorney Schaefer summarized the contents of Ordinance No. 28/81 and stated it has had two readings; however, the Ordinance has not become effec- tive inasmuch as it has not been published. He further pointed out a peti- tion was filed on December 22, 1981, calling for a repeal of the Ordinance and a referendum. The City Charter calls for this matter to be brought before -5- 5 COUNCIL MINUTES JANUARY 12, 1982 the Council at tonight's meeting. He then explained the alternatives the Council could take. It was his opinion that he could draft a referendum question that would cover both questions and cover all the recent legal controversy. Mayor DeMeyer reported he had received a petition with approximately 200 signatures which requested the City to proceed with its plans for the sale of the existing Armory and the replacement of the Armory with a new struc- ture. City Administrator Plotz reported he had verified the signatures on the Dec6m- ber 22, 1981 petition, and they exceeded the required 15% of legal voters from the last City General Election. Tom Stibal read a copy of the petition submitted to the Council at their December 22, 1981 meeting. He made reference to franchise rights, and he stated the Ordinance No. 28/81 passed by the Council was not in accordance with the City Charter. The electors are going to demand to follow the Char- ter. Dave Fransen asked if the petitioners were against tearing down the Old Armory or just the legality involved. Tom Stibal responded that if it is feasible to build a recreational center, he would be for it. He is not for tearing down the Old Armory just because of it. Mayor DeMeyer read a letter received from the Downtown Retail Association in which they requested the City to engage in the purchase of the Old Armory in order to gain badly needed parking facilities downtown. Helga Nielsen remarked that some people want the recreational facility and some don't want the Old Armory torn down. This issue must be resolved by the people; the City Council cannot resolve it. A referendum is the only way to settle the matter. She then stated that on behalf of the petitioners she was putting the Council on notice that they had sought legal counsel and were advised to inform the Council that an injunction or restraining order in due process time would be served on them regarding the Old Armory, which is not acceptable to them. Skip Quade stated there was very little opposition to the program, but air rights were involved. He questioned a referendum to handle something that will be an administrative act and not require a referendum. Assuming the action is an administrative act and the Attorney General's ruling is such, the people are not putting into the hands of those elected the job for which they were elected. Also, assuming the referendum is held, the Armory building is not up to code and will cost money to update. The proposed rec- reational facility would not use tax payers dollars; however, to bring the X COUNCIL MINUTES JANUARY 12, 1982 building up to code will involve money from the tax payers.and another ref- erendum. The citizens are being given an opportunity to do something with dollars that will be for the betterment of the community and mean additional facilities. Gayle Wick inquired where the non -tax dollars were coming from. He com- mented that Skip Quade is not a voter and did not elect the Council. He wanted to make it very clear where the bond money was coming from and whose money would be spent to knock down the Armory. Don't destroy a building and say you are improving the City. He commented on the four development dis- tricts or tax increment districts and that the money goes into the parking fund. Mr. Wick stated the City already has more than its share of parking spaces. He favored retaining the Armory and building a recreational facility. Mayor DeMeyer reiterated it would be at the tax payers expense to tear down the Old Armory. The people are asking for a vote on the issue. He stated that if the Bank wishes to donate $200,000.00 with "no strings attached," the vehicle could be done somewhere else. The Mayor wanted clarification of what a "gift" is. He expressed concern in developing what has been planned. Skip Quade reported the City meets its parking needs; however, most of the public buildings do not. He was of the opinion that there have been park- ing committees in existence in Hutchinson for the past 15 years, with money spent on various studies. Now the Parking Committee is being asked to place the parking. The Old Armory does not meet the fire codes and handicapped codes, and it will cost dollars to bring it up to code. Also, there is a need for a larger facility for the activities held in the Armory. Why not take advantage of the money available from the $200,000.00 donation and the parking fund. Mayor DeMeyer said he took exception that the Armory site was ever intended for parking. It does not show up in City plans. He questioned how the City could justify assessing businesses in other locations for the cost of the Old Armory since it was never considered as part of the City affairs. Skip Quade responded that certain lots were never indicated for parking. As particular lots became available for sale, they were purchased. The Ar- mory was bought when it was going to be torn down, and it was considered only a temporary building. The downtown businessmen are paying for the parking. Alderman Beatty remarked that he was involved with the parking program. He then explained the assessment plan for the parking program and stated public hearings were held on it. The plan was to develop the designated number of parking spaces plus a few additional ones that might be needed. Mr. Beatty stated that every dollar spent by the City is tax money. IWa COUNCIL MINUTES JANUARY 12, 1982 Ward Haugen stated he was present at the first Council hearing at which the proposed parking program was set at $2 million. There was opposition to it, and he and Frank Fay were appointed to serve on the Parking Committee with other representatives. The Committee was able to develop a compromise which was approved by the majority of the downtown businessmen and the Council. Since then several lots have been acquired through the Downtown Parking Plan. He further stated that he didn't see Gayle Wick at any of the hearings. Mayor DeMeyer commented that businessmen on the east side of Main Street are bitter that the downtown parking money has been spent on a very limited area located on the west side of Main Street. Alderman Beatty responded that all the property on the west side of Main Street was available for purchase, which has not been the case on the east side of Main Street. It will take time to accomplish parking on both sides of Main Street. Alderman Beatty moved to rescind Ordinance No. 28/81. Seconded by Alderman Carls, the motion carried. The motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to table discussion on the Old Armory until such time as the City hears from the Attorney General regarding his opinion on this issue. Aldermen Carls, Mlinar, Gruenhagen and Beatty voted aye; Mayor DeMeyer voted nay. Motion carried. Alderman Beatty made the motion to instruct the City Attorney to negotiate with the three property owners, namely: Mary E. Goede, Clara M. Slama, and M. H. Tesch, for an extension of the options which expire January 28, 1982. Seconded by Alderman Carls, the motion carried, with Aldermen Carls, Mlinar, Gruenhagen and Beatty voting aye, and Mayor DeMeyer voting nay. Parks and Recreation Director Ericson stated it was his understanding that if the school district did not enter into a joint venture with the City for a gymnasium, the new facility would be built at the Civic Arena site. He felt this was the best location and would coordinate the facilities with the Arena. The recreational program has outgrown the Old Armory, and the City has been renting facilities from Maplewood Academy rather than the elementary school due to better hours available. There are also many things in the Old Armory building that need repair. (f) CONSIDERATION OF AUTHORIZING A BROCHURE FOR LES KOUBA DEDICATION OF NEW LITTLE CROW STATUE Alderman Mlinar reported he had recently visited with Les Kouba, and he was told the dedication of the new Little Crow statue might be held during the 1982 Water Carnival. There are historical meanings to the design on the jacket of Little Crow, and it was suggested that a brochure be published regarding the background of the statue. a 4� COUNCIL MINUTES JANUARY 12, 1982 City Administrator Plotz stated that unallocatted monies could be used for the brochure. Mr. Kouba would need authorization from the Council to begin working on narrative for the brochure. Mr. Ward Haugen commented that Fred Roberts and Bud Daggett were working on the base for the new statue. It was planned to dedicate the statue at the 1981 Water Carnival, but it was not ready then. Alderman Gruenhagen made the motion to approve a maximum sum of $500.00 for publication of a brochure on Little Crow statue. Seconded by Alderman Carls, the motion carried. (g) CONSIDERATION OF CONFERENCES AND SCHOOLS FOR BUDGET YEAR 1982 Alderman Carls remarked that the City should give consideration to the state aid cuts for local municipalities, and the area of conferences and schools could be considered for cutting. It was his recommendation to defer this matter until such time as the City received information on state aid,to mu- nicipalities., Alderman Carls further inquired if there was any policy on how many times national conventions were attended. It was his thinking that a policy should be established and accountab:Uity of reporting on meetings attended required. City Administrator Plotz commented that if the Council approved deferral at this time, the Directors would have to select which meetings to attend under the revised budget. Alderman Carls moved to table action on conferences and schools for budget year 1982. The motion was seconded by Alderman Beatty, with the following voting aye: Aldermen Carls and Beatty; Aldermen Gruenhagen and Mlinar and Mayor DeMeyer voted nay. Alderman Carls moved to amend the motion to establish the date of January 26, 1982 when the Council would take action, contingent on information received from the State of Minnesota on state aid. The motion was seconded by Alder- man Beatty, with the following vote: Aldermen Carls, Beatty and Gruenhagen voted aye; Alderman Mlinar and Mayor DeMeyer voted nay. Motion carried. Following discussion, the motion was amended by Alderman Carls to delete from the list the Winter City and County Engineers Conference to be attended by City Engineer Priebe and the National Finance Officers Convention to be attended by City Accountant Merrill. Seconded by Alderman Beatty, the motion carried. Maintenance Operations Director Neumann pointed out that certain employees in his department have to attend specific conferences to enable them to re- new their licenses. �v COUNCIL MINUTES JANUARY 12, 1982 (h) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT 1. CURTIS PAULSEN 2. CARL CHRISTENSEN After discussion, it was moved by Alderman Beatty to approve the applica- tions and issue permits for snow removal. Seconded by Alderman Gruenhagen, the motion carried. (i) CONSIDERATION OF SNOWMOBILE PATROL Mr. Chuck Brill appeared before the Council to represent the Police Depart- ment. He stated he would be in charge of the proposed snowmobile patrol. The Driftriders Snowmobile Club members have volunteered to assist with pa- troling in adverse weather. Following discussion, the motion was made by Alderman Gruenhagen to approve the Snowmobile Patrol. Seconded by Alderman Beatty, the motion carried. (j) CONSIDERATION OF WINE LICENSE FOR GOLD COIN CHINESE RESTAURANT Discussion was given to the rate of fee to be charged for an on -sale wine license and whether it was considered an intoxicating liquor license. Mr. William Leung, owner of the Gold Coin Chinese Restaurant, stated he would sell wine Monday through Saturday. Mayor DeMeyer stated that with the favorable recommendation from the Police Chief, he recommended the Council issue a one-year license and review it at the end of that time. It was moved by Alderman Beatty to grant an on -sale wine license to the Gold Coin Chinese Restaurant at a fee of $500.00 for one year. The motion was seconded by Alderman Mlinar and carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported he was restarting his newsletter called "Administrative Update." Mr. Plotz stated he was requested to research the requirements for a City franchise to the Hutchinson Telephone Company for them to utilize City streets, boulevards and right-of-ways. It was determined that the Minnesota Public Utilities Commission reserves all exclusive rights to grant the installation of telephone facilities in all municipalities. This is provided for in the Minnesota State Statutes, which supersedes the City Charter in this area. -10- COUNCIL MINUTES JANUARY 12, 1982 The Minnesota Land Exchange Board has informed the City that they no longer have authority over the bass pond property. The Land Exchange Board has recommended the City again contact the Department of Natural Resources, Fisheries Section, for further procedure. City Administrator Plotz stated he was instructed by the former City Council to proceed with appraisals on property associated with the East River Park Extension. This included 10 parcels of land south of the bass pond. Ap- praisals are being prepared by Doug VanOrden, Larry Thulin and Richard J. Peterson. The final documentation and close-out papers for the six parcels of land adjacent to the east of the Main Street Bridge have been submitted to the State. The Hutchinson Community Development Corporation has been incorporated and the five incorporators appointed. The Articles of Incorporation and By -Laws will be implemented by the appointment of 25 members to the corporation some- time in January. The Minnesota State Legislature adopted a bill to reduce state aid to local municipalities. As soon as the size of reductions are known, it will be necessary for the Council to hold a special meeting to discuss the status of the City budget and possible cutbacks. Also, a workshop will be held with new Council members to discuss the existing City budget for 1982. Mention was made that the Coalition of Outstate Cities would be meeting on January 21, 1982 at the Capp Towers Best Western in St. Paul. Also, the League of Cities Conference will be held January 27, 1982. (b) COMMUNICATIONS FROM THE MAYOR MAayor DeMeyer asked for Council ratification to appoint Mike Carls as Coun- cil representative on the Tree Board. Alderman Gruenhagen moved to ratify the appointment of Mike Carls to the Tree Board. Seconded by Alderman Beatty, the motion carried. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported the Development Corporation meeting will be held January 13, 1982 at 7:30 A.M. At that time the 25 appointments to the corporation will be made. It was requested that the City Council establish a formal policy on the is- suance of industrial revenue bonds for the purpose of coordinating financing for new industries coming into the community. -11- COUNCIL MINUTES JANUARY 12, 1982 The City Attorney made reference to a memorandum from the Fire Marshal re- garding notices sent to owners of sub -standard property. He and the Fire Marshal had recently reviewed the notices and toured the properties not yet in compliance. The next step would be to issue citations; however, prior to this being done, the City Council might wish to visit the properties in question. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the verified claims and authorize payment from the appropriate funds. Motion carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:17 P.M. upon motion by Alderman Beatty, seconded by Alderman Gruenhagen and carried. The meeting was re -opened by Mayor DeMeyer. He stated that Bill Backen had sub- mitted his resignation from the Planning Commission. - It was moved by Alderman Beatty to accept the resignation with regret and waive reading and adopt Resolution No. 7076 entitled Resolution of Appreciation. Sec- onded by Alderman Gruenhagen, the motion carried. The meeting adjourned at 11:18 P.M. upon motion by Alderman Beatty, seconded by Alderman Gruenhagen and carried. -12-