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09-08-1981 CCM1% MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 8, 1981 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 7:30 P.M., with the follow- ing members present: Aldermen Carls, Lueneburg, Gruenhagen and Beatty, in addi- tion to Mayor Westlund. Absent: None. Also present: City Administrator Plotz, City Engineer Priebe, and Assistant City Attorney Schaefer. 2. INVOCATION The invocation was given by the Reverend Maynard Johnson of the Shalom Baptist Church. 3. MINUTES The minutes of the Regular Meeting of August 25, 1981 were approved as amended and the Special Meeting of September 1, 1981 were approved as read, upon motion by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) ACTIVATING DEFERRED ASSESSMENTS 1. ASSESSMENT ROLL NO. 80 (CLIFTON HEIGHTS AREA) 2. ASSESSMENT ROLL NO. 86 (CLIFTON HEIGHTS AREA) City Engineer Priebe stated Assessment Roll No. 80 (Project 79-01) was for construction of a sanitary sewer, watermain and appurtenances and Roll No. 86 (Project 79-02) was for a trunk storm sewer line installed prior to an- nexation of Clifton Heights. The assessments were deferred at that time. Now that the area has been annexed, the assessments will need to be activated. The property owners will have 30 days from this date to pay by October 8 without interest, with certification on October 10. John Mlinar Inquired if the trunk sewer had been deferred. 704 Hilltop Drive Marlow Priebe Stated that five properties were deferred. City Engineer Roman Haas Raised a question regarding the existing county 113 Mark Drive tile line behind the homes in the area and wanted to know what is going to happen to it. C5 # COUNCIL MINUTES SEPTEMBER 8, 1981 Mayor Westlund Stated he preferred not to discuss this mat- ter during the hearing, but the staff would answer the question later in the evening. Richard Holt Asked what area was covered in the project. 108 Garden Road Wanted to know if he would still have to pay a county tile assessment now that the trunk line had been constructed. Inquired why he had received two notices. City Engineer The City Engineer drew a map on the chalk- board showing the area involved. He commented one notice was a preliminary and the second was the final notice. Another letter had been sent to property owners informing them of an additional 30 days for payment of assessments. John Mlinar Commented that since Clifton Heights is now in the City, they should no longer be assessed for county tile. Made reference to the change in Project 81-10, Section B,and the reduction of cost per square foot. Wanted to know if there would also be a reduction of cost on this proj- ect. Stated he was not speaking against the two projects but only had concerns about them. Stated the trunk installed in 1980 is at its capacity. Expressed concern about foresight of additional area draining into that storm sewer. City Engineer Reported the fringe area to the north was changed due to opposition by property owners to the project. The cost design reduced the cost of the project. Roman Haas Expressed concern about laterals. Wanted to know if the laterals were large enough to handle excessive water on Highway 7. Mayor Westlund summarized that these two assessment rolls were being con- sidered for activation inasmuch as Clifton Heights has been annexed. The two alternatives would be to not activate the rolls or to adopt the two as- sessment rolls. The motion was made by Alderman Beatty to close the hearing at 8:30 P.M. Seconded by Alderman Gruenhagen, the motion carried unanimously. -2- COUNCIL MINUTES SEPTEMBER 8, 1981 It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to acti- vate the deferred Assessment Rolls No.,80 and No. 86. Motion unanimously carried. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6952 entitled Resolution Activating Deferred Assessments, Assessment Roll No. 80. The motion was seconded by Alderman Gruenhagen and carried unani- mously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and unani- mously carried, to waive reading and adopt Resolution No. 6953 entitled Reso- lution Activating Deferred Assessments, Assessment Roll No. 86. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY MARK SCHNOBRICH TO ATTEND DUTCH ELM DISEASE SYMPOSIUM OCTOBER 5-9, 1981 Following discussion, Alderman Beatty moved to approve Mark Schnobrich at- tending the Dutch Elm Disease Symposium. Seconded by Alderman Gruenhagen, the motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/81 - AN ORDINANCE TO ESTABLISH A "SENIOR ADVISORY BOARD" AND TO DEFINE ITS DUTIES AND MEMBERSHIP After discussion, the motion was made by Alderman Lueneburg to waive the second reading and adopt Ordinance No. 630 entitled An Ordinance to Estab- lish A "Senior Advisory Board" and to Define Its Duties and Membership. The motion was seconded by Alderman Beatty and carried unanimously. (b) ORDINANCE NO. 17/81 - AN ORDINANCE TO VACATE A PORTION OF KOUWE STREET Following discussion, Alderman Beatty made the motion, seconded by Alder- man Lueneburg, to waive the second reading and adopt Ordinance No. 631 en- titled An Ordinance to Vacate A Portion of Kouwe Street. Motion unanimously carried. (c) ORDINANCE NO. 18/81 - ORDINANCE AMENDING SECTION 235:15 OF 1974 ORDINANCE CODE OF CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD RELATING TO POWERS AND DUTIES After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg and carried unanimously, to waive second reading and adopt Ordi- nance No. 632 entitled Ordinance Amending Section 235:15 of 1974 Ordinance Code of City of Hutchinson, Entitled Hospital Board Relating to Powers and Duties. -3- COUNCIL MINUTES SEPTEMBER 8, 1981 (d) ORDINANCE NO. 19/81 - ORDINANCE RESCINDING ORDINANCE NO. 559 FOR DISSOLUTION OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD Following discussion, the motion was made by Alderman Beatty to waive the second reading and adopt Ordinance No. 633 entitled Ordinance Rescinding Ordinance No. 559 for Dissolution of "Seniors Activity Center" Advisory Board. The motion was seconded by Alderman Carls and unanimously carried. (e) RESOLUTION NO. 6947 - RESOLUTION OF APPRECIATION - FRED ROBERTS Mayor Westlund reported that Fred Roberts would be retiring effective Sep- tember 30, 1981,after 22 years of employment with the City. After discussion, Alderman Gruenhagen moved to waive reading and adopt Reso- lution No. 6947 entitled Resolution of Appreciation - Fred Roberts. Seconded by Alderman Carls, the motion carried unanimously. (f) RESOLUTION NO. 6948 - RESOLUTION OF APPRECIATION - ED ONDRACHEK Mayor Westlund stated Ed Ondracheck would also be retiring after 20-1/2 years working for the City. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6948 entitled Resolu- tion of Appreciation - Ed Ondracheck. Motion carried unanimously. (g) RESOLUTION NO. 6949 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, the motion was made by Alderman Lueneburg to waive read- ing and adopt Resolution No. 6949 entitled Transferring $10,000 from Liquor Store to General Fund. The motion was seconded by Alderman Beatty and unani- mously carried. (h) RESOLUTION NO. 6950 - RESOLUTION FOR PURCHASE Following discussion, Alderman Carls made the motion, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 6950 entitled Resolution for Purchase. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - AUGUST 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF HOSPITAL BOARD DATED JULY 21, 1981 ME41 a COUNCIL MINUTES SEPTEMBER 8, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PROPOSED ASSESSMENT FOR ORVILLE AND EDNA LUND (ROLL N0. 122) 4DEFERRED AUGUST 25, 1981) Assistant City Attorney Schaefer reported he had met with the City Adminis- trator and City Engineer regarding this item, and it was not yet resolved whether the notice was adequate to the Orville Lunds. He requested this matter be deferred until the next meeting to allow him more time for fur- ther study. Realtor Jim DeMeyer expounded on some of the background for this particular assessment. (b) CONSIDERATION OF AWARDING BIDS FOR REMOVAL/DEMOLITION OF HOUSE AT 45 FRANKLIN STREET NORTH AND DEMOLITION OF WIGEN BUILDING (DEFERRED SEPTEMBER 1, 1981) Maintenance Operations Director Neumann stated it was a decision of the City versus the contractor hauling and disposing of debris from the demolition site. He felt it was important that the contractor use his trucks for this purpose and leave the City vehicles available for other work. It was his recommendation to award both contracts to Erickson & Templin Contracting, low bidder, with the contractor doing the hauling, as follows: Wigen Building (Demolition) $4,949.00 House at 45 Franklin Street N. 995.00 (Demolition) Following discussion, Alderman Carts moved to award the two above contracts to Erickson & Templin Contracting. Seconded by Alderman Beatty, the motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF OUT-OF-TOWN MILEAGE City Administrator Plotz reported he had done a survey on the allowance for out-of-town mileage, and the current range is 22(,s to 281 per mile. It was recommended by the local entities that 230, per mile be authorized. After discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Gruenhagen, to approve 23(,� per mile for out-of-town mileage. Motion unanimously carried. -5- COUNCIL MINUTES SEPTEMBER 8, 1981 (b) CONSIDERATION OF PURCHASE OF RIVER FRONT PROPERTY SOUTH OF SECOND AVENUE FROM LEONARD MILLER Mayor Westlund stated that Mr. Leonard Miller had property in the flood plain along the river with deferred assessments on it. The City had decided to pur- chase this property, but the final agreement with Mr. Miller had not been agreed upon. Therefore, this item was deferred at this time. (c) CONSIDERATION OF ENGINEERING AND ADMINISTRATION COST RECOVERY City Administrator Plotz commented that the Council had previously reviewed a policy change regarding recovery of General Fund expenses. The policy change would provide a 20% recovery from the bond issues for engineering and administration work. The old practice was to transfer a flat amount. Following discussion, it was the consensus of the Council that more study should be given this matter. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to defer action. (d) CONSIDERATION OF RESOLUTION INITIATING CONDEMNATION OF WEST 62.7' OF LOT 6 AND WEST 62.7' OF SOUTH 4' OF LOT 7, BLOCK 8, SOUTH 1/2 CITY (NEMITZ PROPERTY) Mayor Westlund reported that the Nemitz property had been under consideration to be used for off-street parking. It was the consensus of the Council to initiate condemnation for said purpose. After discussion, the motion was made by Alderman Lueneburg to waive reading and adopt Resolution No. 6951 entitled Authorizing the Office of the City Attorney of Hutchinson to Initiate Certain Condemnation Proceedings. The motion was seconded by Alderman Beatty and unanimously carried. (e) CONSIDERATION OF REMOVAL OF PARKING METER HEADS BY OCTOBER 1 ON A SIX-MONTH TRIAL BASIS Mayor Westlund stated it would be appropriate for the City to remove the downtown parking meter heads effective October 1, 1981 in accordance with the off-street parking program. A meeting had been held with the Police Chief to determine a procedure for patroling the downtown parking, and a de- cision will be made next week. From October 1-15, the police will issue a complimentary parking ticket to anyone parked longer than two hours, and after October 15 a regular parking ticket will be issued. The first read- ing of an Ordinance to this effect will be read at the next Council meeting. Alderman Beatty recommended a one-year period for free downtown parking to give it a full four -seasons trial. He had discussed this matter with other M COUNCIL MINUTES SEPTEMBER 8, 1981 downtown businessmen, and they felt one year would be a better time frame. Alderman Carls moved to approve the removal of the parking meter heads, ef- fective October 1, 1981, for a one-year trial basis. Seconded by Alderman Beatty, the motion carried unanimously. (f) CONSIDERATION OF BUILDING INSPECTOR'S VEHICLE REPLACEMENT City Administrator Plotz reported that the replacement of the Building In- spector's vehicle was budgeted for 1981. Proposals were received for said vehicle, and it was recommended to purchase a 1981 Pontiac T1000 from Swanke Motors in the amount of $4,957.33, with immediate delivery. Following discussion, Alderman Lueneburg made the motion, based on recommen- dation, to approve the replacement 1981 Pontiac T1000 from Swanke Motors. The motion was seconded by Alderman Beatty and unanimously carried. (g) CONSIDERATION OF CHANGE OF LOCATION OF LICENSED PREMISES FOR GODFATHER'S PIZZA City Administrator Plotz stated the Godfather's Pizza is relocating from Highway 7 to the Hutchinson Mall. The City Ordinance Code, Section 400:48, requires City Council approval for an "On Sale" Non -Intoxicating Malt Liquor license to change location of the establishment. After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Lueneburg, to approve the Godfather's Pizza license for relocation. Mo- tion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that prior to the September 22 Council meet- ing, the City would place a public notice in the Leader to enable the public to have input for the 1982 budget. The Council members were reminded of several up -coming meetings during the next week, including budget review. Mention was made that the LAWCON Grant application is due prior to October 1. (b) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls inquired if the 1981 improvement projects would be completed this year. He was assured by the City Engineer that they should be finished, but the weather conditions have caused delay in the schedule. IC V. COUNCIL MINUTES SEPTEMBER 8, 1981 (c) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe asked about minor changes in the design for the down- town project located by Citizens Bank and Braun's. He also inquired if the sidewalk should remain or be improved. The City Engineer was instructed by the Mayor to determine the various costs involved. Mr. Priebe addressed the question raised regarding a county tile line in Clifton Heights. He reported the present private storm sewer line will be left in place and present intakes taken off. Roman Haas wanted to know what is going to happen, and if the line will be damaged when the lines are going through. The City Engineer responded that if any sections are damaged, they will be replaced. John Mlinar then inquired if the Council had approved the final plat for Clifton Heights and if any changes had been made since the properties were annexed. He further asked about drawings of where the utilities would be installed, the plat of water mains, sewers, etc., and the final grade of the road. He made reference to the topography. The City Engineer reported the final plat was approved years ago when the area was developed. The County has the recorded plats, and no hearing was necessary. No change can be made on a recorded plat. The grade of the street will be changed slightly where needed, but the change in elevation will be minor. Mr. Mlinar asked if a new well could be dug in Clifton Heights. He also in- quired about running in the services to the houses from the City line and the OSHA requirements. City Engineer Priebe answered that he thought new wells could be dug. The cost of same could be too high to be practicable. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneb urg, seconded by Alderman Gruenhagen and car- ried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:15 P.M. upon motion by Alderman Beatty, seconded by Alderman Gruenhagen, and unanimously carried.