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11-22-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 22, 1983 1. Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, Alderman Ted Beatty and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz and City Engineer Marlow V. Priebe. 2. INVOCATION The invocation was given by the Reverend Keith E. Duehn. 3. MINUTES The minutes of the regular meeting of November 8, 1983 were approved as pre- sented upon motion by Alderman Carls, seconded by Alderman Gruenhagen and car- ried unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR MAYOR -ELECT ROBERT STEARNS TO ATTEND MINNESOTA MAYORS ASSOCIATION CONFERENCE DECEMBER 9-10, 1983 Following discussion, it was moved by Alderman Gruenhagen to approve the request. Motion seconded by Alderman Beatty and approved unanimously. (b) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE LIBRARY SQUARE AND ADJOINING SIDE STREETS FOR CHRISTMAS SLEIGH/HAY RIDES The Hutchinson Downtown Retail Association requested permission to use Library Square and adjoining side streets for Christmas sleigh/hay rides on November 26, December 5 and December 11. After discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to approve the request for use of Library Square. Motion unanimously carried. (c) CONSIDERATION OF REQUEST BY HUTCHINSON AREA CHAMBER OF COMMERCE TO POST HIGHWAY SIGNS REGARDING TRANSIENT MERCHANT ORDINANCE It was requested by the Retail Committee of the Hutchinson Area Chamber of Commerce that the City post signs at the entrance to the City on High- way 7 East and West, Highway 15 North and South and Highway 22 South to M. COUNCIL MINUTES NOVEMBER 22, 1983 alert transient merchants of the ordinance in place. Following discussion, Alderman Beatty moved to authorize posting said signs, subject to approval from the Minnesota State Highway Department. Alderman Carls seconded the motion, and it carried unanimously. (d) CONSIDERATION OF HOOK-UP FOR WATER SPRINKLERS IN BUILDING LOCATED AT MAIN STREET NORTH AND WASHINGTON AVENUE WEST (REQUESTED BY LORRAINE MEYER) Lorraine Meyer informed the Council that she was in the process of install- ing a sprinkler system in her building located at the corner of Main Street North and Washington Avenue West to comply with the City fire code. The lower level will be rented to the Masonic Temple Lodge No. 59. Juul Con- tracting had told her it would cost more money to run a water line across Main Street than to hook up to the line in the alley behind the building. The estimated cost to bring the water service to her building was $5,630. It was her contention that the City was obligated to provide water service to the lot line. Ms. Meyer also raised a question regarding ownership and maintenance of the line and asked if the building next door could hook in- to her line. City Engineer Priebe stated that all service leads to property lines are assessed to the property owner. He pointed out that when Main Street was redone the present codes were not in effect, and it was not common 15 years ago to install sprinkling systems. Engineer Priebe commented he was not in favor of a line from the alley and recommended placing the proposed line under the sidewalk in front of the building. This would eliminate the need for easements and would make repair work easier. He also recom- mended two 10" lines instead of one 20" line. It was pointed out that a franchise agreement would be required to go across the alley with a serv- ice line. Following lengthy discussion, it was moved by Alderman Beatty to defer to the next Council meeting and to instruct the City Engineer to prepare a report on the location and size of the water main lines and to make a recom- mendation on hook-up to the building in question. Motion seconded by Ald- erman Mlinar and approved unanimously. (e) PRESENTATION BY ATTORNEY ROBERT HALVORSON REGARDING MAYOR DEMEYER'S CONCERNS Mayor DeMeyer requested to defer this item since inclement weather had prevented Attorney Halverson from attending the meeting. (f) CONSIDERATION OF REQUEST FOR BROWNIE GIRL SCOUT TROOPS TO USE LIBRARY SQUARE ON DECEMBER 18, 1983 After discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar and unanimously carried, to approve the request. -2- COUNCIL MINUTES NOVEMBER 22, 1983 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7568 - TRANSFERRING $126,995 FROM 1983 SPECIAL ASSESSMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES Following discussion, it was moved by Alderman Carls to waive reading and adopt Resolution No. 7568. Motion seconded by Alderman Beatty and unani- mously approved. (b) RESOLUTION NO. 7569 - TRANSFERRING $44,000 FROM FEDERAL REVENUE SHARING FUND TO CENTRAL GARAGE FUND Finance Director Kenneth B. Merrill presented a report on the transfer of funds. After discussion, Alderman Beatty made the motion to waive reading and adopt Resolution No. 7569. Alderman Mlinar seconded the motion, and it carried unanimously. (c) RESOLUTION NO. 7570 - RESOLUTION FOR PURCHASE Following discussion, it was moved by Alderman Mlinar, seconded by Alder- man Carls, to waive reading and adopt Resolution No. 7570. Motion ap- proved unanimously. (d) RESOLUTION NO. 7571 - TRANSFERRING $51,362 FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO 1981 PARKING IMPROVEMENT FUND After discussion, the motion was made by Alderman Beatty to waive reading and adopt Resolution No. 7571. The motion was seconded by Alderman Mlinar and carried, with Aldermen Carls, Mlinar, Gruenhagen and Beatty voting aye and Mayor DeMeyer voting nay. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - OCTOBER 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED OCTOBER 18, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF HOSPITAL BOARD DATED OCTOBER 18, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. -3- COUNCIL MINUTES NOVEMBER 22, 1983 Vice -Mayor Gruenhagen assumed Chairmanship while Mayor DeMeyer left the room due to a bad cold. 8. UNFINISHED BUSINESS (a) DISCUSSION OF RELOCATION FOR CAMEO CLEANERS (DEFERRED NOVEMBER 8, 1983) Attorney Roger Gilmer and Pat Smith appeared before the Council to resume discussion of relocation for Cameo Cleaners. Attorney Gilmer stated that tenant Pat Smith had provided the City with a Notice of Intention to Move from the City -owned premises of the Plowman building in accordance with the relocation guidelines. At the last Coun- cil meeting his client had been requested to provide firm figures of re- location costs. Mr. Smith had subsequently prepared a bid proposal list in the amount of $21,864.67, copies of which were provided to Council members. In his concluding remarks, Attorney Gilmer stated the lease had been extended for one month to December 31, 1983, but the Council needed to reach a conclusion regarding the relocation benefits to Mr. Smith. Mr. Smith commented that the former owner had given him an oral agreement for a three-year lease extension. Therefore, his drycleaning equipment had been installed for permanent residency, but now the City was forcing him out of the building. Vice -Mayor Gruenhagen remarked that some of the relocation figures pre- sented were for remodeling costs in the new location. He didn't feel the City should pay for this expense. Discussion followed regarding the amount of money in the parking fund. In the absence of the City Attorney to answer legal questions, it was the consensus of the Council to hold a special meeting to resolve this issue. Alderman Carls moved to set a special meeting for November 29, 1983 at 7:00 P.M. regarding Cameo Cleaners. Motion seconded by Alderman Mlinar and unanimously approved. (b) CONSIDERATION OF PROJECT 84-01, HILLTOP ADDITION (DEFERRED NOVEMBER 8, 1983) City Engineer Priebe presented a report on Project 84-01, Hilltop Addition. It was his suggestion to notify all the affected property owners of the intended cost in the public hearing notice. Following discussion, Alderman Carls moved to approve assessing the 15 par- cels in Hilltop Addition on the basis of the subdivision agreement, with the assessed amount to be included in the public hearing notice. Motion seconded by Alderman Beatty and carried unanimously. -4- COUNCIL MINUTES NOVEMBER 22, 1983 Alderman Beatty noted that the public hearing notice should be corrected to delete the word "abutting" property and changed to read "benefited" property. The motion was made by Alderman Beatty to set a public hearing on Project 84-01 for December 27, 1983 at 8:00 P.M. and to waive reading and adopt Reso- lution No. 7572.' Motion seconded by Alderman Carls and approved unanimously. (c) CONSIDERATION OF REFUNDS ON ADDITIONAL PAYMENTS FOR CEDAR ACRES SUBD. PARKS AND PLAYGROUND CONTRIBUTIONS (DEFERRED NOVEMBER 8, 1983) The Director of Engineering reported that two property owners had made additional payments for parks and playground that would require repayment in accordance with the Council action of October 25, 1983. Said repay- ments would be $350 to John W. Korngiebel and $425 to G & H Co. - Partner- ship. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar to approve refund payments. The motion carried, with Alderman Gruenhagen abstaining from voting. Mayor DeMeyer resumed the Chair for the remainder of the meeting. (d) CONSIDERATION OF PROPOSED SIDEWALK FOR PARK TOWERS RESIDENTS (DEFERRED NOVEMBER 8, 1983) Director Priebe stated that the HRA Commissioners recommended acquisition of the land on the north side of the City parking lot in question and in- stallation of a sidewalk from the alley to Franklin Street at that loca- tion. Also, the Commissioners recommended that the steps on the Park Towers site be removed and a ramp constructed down to the level of the alley at the point where the new sidewalk would be located. Following discussion, Alderman Beatty moved to follow HRA's recommendation and instruct the City Engineer to obtain the cost figures and contact the property owners regarding an agreement of putting in a sidewalk on the north side of the parking lot. The motion was seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Realtor Cheryl Faye Dooley requested an extension on payment for account No. 09-0545-2-00 (945 Osgood Avenue). The previous owner of the property moved to Florida in July, and she would need additional time to try to col- lect the over -due amount. Ms. Dooley expressed concern regarding the length of time involved before accounts become delinquent. This has cre- ated problems in the past for realty closings. -5- COUNCIL MINUTES NOVEMBER 22, 1983 City Administrator Plotz stated that the new water billing system recently put into effect would reduce the amount of time by one month. He further pointed out that the State law required a hearing for delinquent accounts. It was moved by Alderman Gruenhagen to discontinue service on November 29, 1983 at Noon, with the exception of account No. 09-0545-2-00, with a one month extension. Motion seconded by Alderman Mlinar. Alderman Gruenhagen amended his motion to discontinue service on November 28, 1983 at Noon. Amended motion seconded by Alderman Mlinar and carried unanimously. Mo- tion approved unanimously. Alderman Carls directed the City Administrator and Finance Director to study the method of water/sewer billing and report back to the next Coun- cil meeting. Alderman Mlinar seconded the motion, and it unanimously car- ried. (b) CONSIDERATION OF RESOLUTION ENTERING INTO CONTRACT WITH MN/DOT FOR TRANSPORTATION SERVICE (HUTCHMOBILE) 1984 It was requested that the Council adopt Resolution No. 7563 for renewal of the annual contract with the State of Minnesota Department of Trans- portation for Hutchmobile service. The 1984 contract covered a total ex- penditure of $91,480, with a local share of 40 percent. After discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to enter into a contract and waive reading and adopt Resolution No. 7563. Motion unanimously approved. (c) CONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES PERMIT 1. CYNTHIA BEADELL 2. LEONARD RIEMANN Following discussion, Alderman Mlinar moved to approve the applications and issue permits for Christmas tree sales. Motion seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF APPOINTMENT OF CHARLES BAILLY & COMPANY FOR 1983 YEAR-END AUDIT City Administrator Plotz reported the City's auditing firm of Thorsen, Campbell, Rolando & Lehne had merged with the firm of Charles Bailly & Company. Although the name changed, the same employees would work on the City audit. It was proposed that the 1983 audit fee would not ex- ceed $18,870. Mayor DeMeyer commented on his concerns and recommended a State procedural and compliance audit of the City's books. " COUNCIL MINUTES NOVEMBER 22, 1983 Alderman Mlinar stated the Council had requested the Mayor to put some of his concerns in writing, but to date this information had not been provided to them. After discussion, Alderman Beatty moved to approve the Bailly firm for the year-end audit and to enter into an agreement. Motion seconded by Alderman Gruenhagen and carried, with the Chair voting nay. The Mayor requested the records to show that he believed legal processes were in- volved, and the City was in need of a State audit. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 84-01, NORTH OF HILLTOP ADDITION, AND PROJECT 84-02, SIDEWALK SECTION AND ORDERING ADVERTISEMENT FOR BIDS City Engineer Priebe reported the plans and specifications had been com- pleted for Projects 84-01 and 84-02. It was his recommendation to approve same and set a bid date for December 12, 1983. Following discussion, it was moved by Alderman Carts, seconded by Alder- man Beatty, to approve the plans and specifications for Projects 84-01 and 84-02 and call for bids on December 12, 1983 and to waive readings and adopt Resolutions No. 7566 and No. 7567. Motion approved unanimously. (f) CONSIDERATION OF POSTING STREET SIGNS CONCERNING BICYCLE RIDING ON DOWNTOWN SIDEWALKS The Hutchinson Safety Council expressed concern regarding bicycle riding on the sidewalks in the downtown area and the safety hazard it created. It was the recommendation of the Safety Council to post street signs pro- hibiting bicycles in designated areas. It was the opinion of both the Police Chief and Maintenance Operations Director that additional signs in the downtown area would not solve the problem. Chief O'Borsky suggested referring the issue to him for a joint effort with the Safety Council to resolve the matter. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Carls, to refer the bicycle riding issue to the Chief of Police. Motion unanimously carried. (g) CONSIDERATION OF UPDATING POLICY ON SAFETY SHOES It was recommended to change the safety shoes policy to allow reimburse- ment of $20 for safety shoes or $30 for safety boots, with purchase of boots every third year or after a pair of boots had been worn for two years. Winter safety boots would receive the same reimbursement, with replacement time every fourth year or after three years had expired. -7- COUNCIL MINUTES NOVEMBER 22, 1983 Following discussion, Alderman Beatty moved to accept the recommendation for policy change on safety shoes. Motion seconded by Alderman Mlinar and unanimously approved. (h) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT 1. DOUGLAS PETERSON 2. HAROLD JUUL - JUUL CONSTRUCTION 3. JAMES HAASL 4. OTTO TEMPLIN - ERICKSON & TEMPLIN After discussion, the motion was made by Alderman Carls, seconded by Ald- erman Beatty, to approve and issue permits. Motion carried unanimously. (i) CONSIDERATION OF REQUEST BY MCDONALD'S TO EXTEND SIGN PERMIT 30 DAYS McDonald's requested a 30 -day extension on a sign permit for a temporary non-flashing,lighted portable sign. It was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to ap- prove the extension. Alderman Beatty stated the City Zoning Ordinance required a 60 day waiting period before a temporary sign permit could be reissued. Alderman Mlinar moved to amend his motion and deny the request. Motion seconded by Alderman Carls and approved unanimously. (j) CONSIDERATION OF REQUEST FOR WATER AND SEWER HOOK-UP AT LIEPKE'S AUTO REPAIR City Engineer Priebe reported there was no water/sewer service to the property in question. It would be included in the 1984 improvement proj- ects and assessed accordingly. After discussion, the motion was made by Alderman Carls to refer the request to City staff for consideration in the 1984 improvement program. Alderman Mlinar seconded the motion and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the letter received from the Parks and Recreation Grants Unit, Minnesota Department of Energy and Economic Development, regarding lack of compliance to post the required sign ack- nowledging federal/state participation in park funding for West River Park. He stated the necessary sign would be installed. so COUNCIL MINUTES NOVEMBER 22, 1983 Reference was made to a letter written by the City Attorney regarding an on -sale liquor license and its conditions for Scalawags. Mr. Schaefer is trying to determine whether or not the license issued to the new owner, Allan Otremba, authorizes the serving of alcoholic beverages on the prem- ises of the Hutch Bowl. Mr. Plotz reported that the City's insurance consultant, Dwight Tange, had submitted a preliminary feasibility report on group health insurance for the employees of Burns Manor. It was reported that a response had been received from the State Parks and Recreation Grants Section regarding the questions posed on the West River Park program and acquisition of lots. Senator John Bernhagen responded that he concurred with the City Council's Resolution regarding cable television rates and has worked toward that end to pass legislation. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Carls, seconded by Alderman Beatty and carried, with Mayor DeMeyer abstaining from voting. 12. ADJOURNMENT The meeting adjourned at 10:08 P.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously.