Loading...
11-08-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 8, 1983 1. The meeting was called to order by Vice -Mayor Gruenhagen at 8:15 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar and Vice -Mayor Kenneth Gruenhagen. Absent: Mayor James G. DeMeyer and Alderman Ted Beatty. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Keith E. Duehn. 3. MINUTES The minutes of the public hearing of October 17, 1983 and regular meeting of October 25, 1983 were approved as presented upon motion by Alderman Carls, sec- onded by Alderman Mlinar and approved unanimously. 4. PUBLIC HEARING - 8:20 P.M. (a) IMPROVEMENT PROJECT 84-02 (SIDEWALK PORTION) Vice -Mayor Gruenhagen called the hearing to order at 8:20 P.M. City En- gineer Priebe reported project 84-02 was for the improvement of a City sidewalk system and City sidewalk assessment district by the removal, re- placement and construction of sidewalk. The estimated cost of the project was $100,000. The procedure would be to notify the property owner a sec- ond time after bids were taken regarding square footage and cost involved and to offer him/her the opportunity to choose between the City doing the project or the property owner doing the work. No one was present to be heard regarding the project. The motion was made by Alderman Mlinar to close the hearing at 8:26 P.M. Motion seconded by Alderman Carls and carried unanimously. Alderman Mlinar moved to approve the project and waive reading and adopt Resolution No. 7562. Motion seconded by Alderman Carls and unanimously ap- proved. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF A DEVELOPMENT PROPOSAL BY RICHARD SMITH Mr. Richard Smith presented a proposed plan for destruction of all build- ings down to the sewing center in the Cenex block and construction of a two-story, 24,000 square foot building on the corner of Main Street and Second Avenue Southwest. COUNCIL MINUTES NOVEMBER 8, 1983 Concern was expressed by Mr. Smith that the Council had rejected all bids for demolition of the Plowman building, with no new bid date set. He would need the parking space for his proposed plan. In conjunction with demolition on his property, Mr. Smith had received a bid from Kennedy Ex- cavating Co. of Benson, Minnesota to demolish and remove debris from the Plowman site for $9,950. Mr. Smith stated he would be attending the next Planning Commission meeting to present his proposed plan. (b) CONSIDERATION OF REQUEST FOR TEMPORARY SIGN FOR LYLE'S TAXIDERMY STUDIO Mr. Lyle Emme reported the Minnesota DNR had authorized a deer registra- tion station at his place of business, and they had furnished temporary signs to aid deer hunters. He requested permission to post the sign on the boulevard of Highland Park Drive for a 10 day period. City Administrator Plotz stated that placement of signs on City boulevards or right-of-ways required Council action. There was no minimum or maximum size for such signs. Following discussion, Alderman Mlinar moved to approve the temporary sign. Alderman Carls seconded the motion, and it carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 19/83 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON After discussion, it was moved by Alderman Carts, seconded by Alderman Mlinar, to waive second reading and adopt Ordinance No. 675. Motion ap- proved unanimously. (b) ORDINANCE NO. 21/83 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP Following discussion, Alderman Mlinar moved to waive second reading and adopt Ordinance No. 676. The motion was seconded by Alderman Carls and unanimously carried. (c) ORDINANCE NO. 22/83 - AN ORDINANCE TO VACATE SIDELOT EASEMENT LOCATED IN GREENS VIEW ADDITION After discussion, the motion was made erman Mlinar, to waive second reading unanimously approved. -2- by Alderman Carls, seconded by Ald- and adopt Ordinance No. 677. Motion COUNCIL MINUTES NOVEMBER 8, 1983 7. REPORTS OF OFFICERS BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - OCTOBER 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF LIBRARY BOARD DATED OCTOBER 21, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF NURSING HOME BOARD DATED SEPTEMBER 22, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF HOSPITAL BOARD DATED SEPTEMBER 20, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (e) MINUTES OF TREE BOARD DATED AUGUST 16, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF PARKS AND RECREATION BOARD DATED SEPTEMBER 7, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) DISCUSSION OF RELOCATION FOR CAMEO CLEANERS (REQUESTED BY PAT SMITH) Mr. Pat Smith and Attorney Roger Gilmer appeared before the Council re- garding the Cameo Cleaners relocation issue. Atty. Gilmer reviewed the Council action at the previous meeting and the failure of two motions for lack of a second. He stated the Council feared establishing a policy, where in fact, the City had established a relocation policy in 1976 with the adoption of Resolution No. 5779. It was his interpretation of the Minnesota Statutes that said policy was in effect. Based on the guide- line policy, he requested the City to grant relocation benefits to Pat Smith and to consider extending the lease on the Plowman building. Attorney Schaefer stated he had consulted with Attorney Jerry Gilligan of the Dorsey law firm regarding this matter. The question is: Is Cameo -3- COUNCIL MINUTES NOVEMBER 8, 1983 Cleaners displaced because of acquisition or because of some other in- dependent action, ie lease? The Statutes don't deal with the question, and this determination would be by court decision. The City Attorney ques- tioned whether what was adopted in 1976 would still be present federal guidelines. City Administrator Plotz presented a status report on the parking fund. The City had earned interest on funds that could be used at the Council's discretion. Mr. Smith reported there were five companies located in Minneapolis which relocated drycleaning businesses. A cost figure could be obtained from one of them. Attorney Schaefer recommended deferring action until the next Council meeting to allow time for Mr. Smith to contact the movers to determine a cost figure and for the City Attorney to contact the appropriate par- ties to determine if the guidelines were still in effect. Alderman Carls requested the City Engineer and City Attorney to be involved in determining costs for plumbing, heating and electrical work. Also, the City Engineer and Maintenance Operations Director were asked to determine the role the City would play in moving the Cameo Cleaners equipment to its new site. Alderman Mlinar moved to defer action on relocation costs until the next Council meeting and to extend the lease for one month, during which time Pat Smith would hold the City harmless of additional costs or repairs to the Plowman building. Motion seconded by Alderman Carls and unanimously carried. RECESS: Alderman Carls moved to recess for five minutes at 9:32 P.M. Alderman Mlinar seconded the motion and approved unanimously. (b) CONSIDERATION OF PROJECT 84-01, HILLTOP ADDITION (DEFERRED OCTOBER 11, 1983) City Engineer Priebe commented he had presented several options of how the assessments for project 84-01 could be assessed. It was his opinion that the costs should be paid by the property owners. After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Carls, to defer action to the next Council meeting. Motion carried unanimously. (c) CONSIDERATION OF REFUNDS ON ADDITIONAL PAYMENTS FOR CEDAR ACRES SUBD. PARKS AND PLAYGROUND CONTRIBUTIONS (DEFERRED OCTOBER 25, 1983) Following discussion, it was moved by Alderman Mlinar to defer action to the next meeting. Motion seconded by Alderman Carls and approved unani- mously. -4- COUNCIL MINUTES NOVEMBER 8, 1983 (d) CONSIDERATION OF PROPOSED SIDEWALK FOR PARK TOWERS RESIDENTS (DEFERRED SEPTEMBER 13, 1983) City Engineer Priebe reported he had presented to the September HRA meet- ing the proposed plan for a safer sidewalk for Park Towers residents. It was the recommendation of the HRA Board that the City acquire land on the north side of the City parking lot in question and install a sidewalk from the alley to Franklin Street. In addition, the Commissioners recommended removal of the steps on the Park Towers site and construction of a ramp down to the level of the alley where the new sidewalk would be located. After discussion, Alderman Carls moved to defer action. Alderman Mlinar seconded the motion, and it unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF PAYMENT FOR REPAIR WORK ON WATER MAIN The City Engineer stated there was no determination for the cause of the 12 inch water main pipe failing. Therefore, it was his recommendation that the City pay $1,589 as its share of the $2,989 repair cost. Following discussion, it was moved by Alderman Carls to approve payment of $1,589 for water main repair work. Motion seconded by Alderman Mlinar and approved unanimously. (b) CONSIDERATION OF CHANGE ORDER NO. 3 FOR ADDITION TO WATER TREATMENT PLANT A report was presented by Engineer Priebe regarding Change Order No. 3. He stated it covered several items previously approved for construction, for a total amount of $12,839.35. The motion was made by Alderman Mlinar, seconded by Alderman Carls, to ap- prove Change Order No. 3. Motion carried unanimously. (c) CONSIDERATION OF BEACON REFURBISHING PROGRAM FOR HUTCHINSON MUNICIPAL AIRPORT Maintenance Operations Director Neumann reported on the proposed program for the airport beacon light. He stated the savings in the department would cover the cost. Alderman Carls moved to approve the program and enter into an agreement and to waive reading and adopt Resolution No. 7557. Motion seconded by Alderman Mlinar and unanimously carried. -5- COUNCIL MINUTES NOVEMBER 8, 1983 (d) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT 1. MILT HANSON 2. GILBERT LEHMAN It was moved by Alderman Carls, seconded by Alderman Mlinar, to approve and issue snow removal permits. Motion unanimously approved. (e) CONSIDERATION OF CANVASSING ELECTION RETURNS OF CITY ELECTION HELD NOVEMBER 8, 1983 Mr. Kenneth B. Merrill, Election Clerk, presented to the Council the sealed envelopes containing the count of ballots by precinct. The Council members then proceeded to canvass the election returns of November 8, 1983. The motion was made by Alderman Carls to accept the election results as submitted and to waive reading and adopt Resolution No. 7558. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator had nothing to report. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Priebe reported that Larson Excavating had completed the work on demolition of the Masonic Temple structure, and he recommended the Council approve payment to said contractor in the amount of $13,358. Alderman Carls moved to approve payment to Larson Excavating for demoli- tion of the Masonic Temple building. Motion seconded by Alderman Mlinar and approved unanimously. (c) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar commented on the street and alley assessment program and suggested a survey be taken of out -state communities equivalent in size to Hutchinson to determine what guidelines they use, if any. 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 Mlinar and unanimously carried. 12. ADJOURNMENT The meeting adjourned at 10:22 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar and approved unanimously.