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09-13-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 13, 1983 1. The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the fol- lowing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Accountant Kenneth B. Merrill. 2. INVOCATION The invocation was given by the Reverend John Longley. 3. MINUTES The minutes of the regular meeting of August 23, 1983 were approved as pre- sented upon motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT NO. 84-01 City Engineer Priebe reported on improvement project No. 84-01 and stated the work in this area has been done in steps. Bonnie Brown Ms. Brown stated the notice she received 410 Shady Ridge Road mentioned "abutting property." Her property was not abutting to the work being done, but rather to Shady Ridge Road. She inquired about the sub -division agreement and reported it was not recorded with her abstract or with the County. She had received a copy of the sub -division from City Hall, but she noted it was not notarized. This was the first she was aware of an agreement. Ms. Brown was opposed to the assessment and felt she should not have to pay it. Marlow V. Priebe City Engineer Priebe explained that Ms. Brown City Engineer was being assessed for her share of the total cost of the street project in the sub -division. The agreement required spreading the assess- ment cost equally among all the lots in the sub -division. Judy Kopesky Ms. Kopesky commented that the key was "abut - 430 Shady Ridge Road ting" Shady Ridge Road. Several of her neigh- bors had not received a hearing notice. This was the first she was aware of a sub -division agreement also. It was pointed out that some of the lots are bigger than others, and the ,_4 COUNCIL MINUTES SEPTEMBER 13, 1983 assessment was unfair. James Schaefer City Attorney Schaefer stated he had not re - City Attorney viewed the sub -division agreement, but the fact that it was not notarized would not af- fect the validity of the agreement. The agreement had been,signed by the Mayor and City Clerk. It was the responsibility of the developer to file the sub -division agree- ment with the County and to provide a notice to the purchasers of lots. It was the opin- ion of the City Attorney that the wording in the hearing notice should have been stated differently. Pat Mikulecky Mr. Mikulecky remarked that he also did not 385 Connecticut St. have a sub -division agreement with his ab- stract. He inquired about the costs for a gravel base and asked if all the cost was assessable to the lots in the development or if the City had any share. Marlow V. Priebe The City Engineer reported that in 1972 the City Engineer plat was approved,and the sub -division agree- ment was signed. The original owner sold the lanxi, and it was subsequently developed by Duane Dicke. The City would be assessed for the park frontage located in Clark Second Ad- dition. The gravel base and surfacing _. project would be scheduled for early spring, with an assessment hearing to be held after the bids were received. Unidentified Man A gentleman asked if the City could not go back to the developer and require him to put in the improvements. Barry Anderson Mr. Anderson commented that he was not aware 492 Connecticut St. of a sub -division agreement when he purchased his property last November. He inquired why the sub -divider was not assessed. His prop- erty on Connecticut was never assessed for improvements on Shady Ridge Road so he won- dered why the total cost was now being lumped together and divided out. The motion was made by Alderman Gruenhagen to close the hearing at 9:02 P.M. Motion seconded by Alderman Beatty and carried unanimously. -2- COUNCIL MINUTES SEPTEMBER 13, 1983 Alderman Gruenhagen inquired if any of the charges for improvements were before homes were built or after homes were built. He felt the City could not charge for assessments prior to construction. City Engineer Priebe stated the assessments were after the homes were built. During discussion the suggestion was made that the properties be assessed according to benefits from the project. It was also suggested by the City Engineer to hold another public hearing. It was moved by Alderman Beatty to reject improvement project 84-01. The motion was seconded by Alderman Mlinar and approved unanimously. Alderman Beatty moved to follow through with the petition and to proceed with a new hearing and preparation of a new report based on the present City street assessment policy, outside of the sub -division agreement. Mo- tion seconded by Alderman Mlinar and unanimously carried. The City Attorney was instructed to do legal research on the matter of sub- division agreements. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR CITY ADMINISTRATOR TO ATTEND MINNESOTA SMALL CITIES DEVELOPMENT GRANT WORKSHOP ON SEPTEMBER 16, 1983 Following discussion, Alderman Gruenhagen moved to approve the request. Motion seconded by Alderman Beatty and approved unanimously. (b) CONSIDERATION OF REQUEST FOR CITY ACCOUNTANT TO ATTEND MFOA FALL CONFERENCE OCTOBER 12-14, 1983 After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve attendance of the conference. Motion carried unani- mously. (c) CONSIDERATION OF REQUEST BY FIRE MARSHAL TO ATTEND THREE CONFERENCES Following discussion, Alderman Gruenhagen moved to approve the three con- ferences. Motion seconded by Alderman Mlinar and unanimously approved. (d) CONSIDERATION OF CABLE TV RATE ADJUSTMENT REQUESTED BY MICKELSON MEDIA (PRESENTATION BY DAN KEMNITZ AND BILL MICKELSON) Messrs. Dan Kemnitz, vice-president of KNUJ radio in New Ulm, and Bill Mickelson, president of Mickelson Media, appeared before the Council to request a rate increase from $7.95 to $9.95 for cable TV basic service in Hutchinson, to be effective October 1. It was reported the Mickelson Media headquarters moved to Santa Fe, New Mexico in early spring, and the -3- COUNCIL MINUTES SEPTEMBER 13, 1983 Crow River Cable TV business was being sold to a sister corporation, KNUJ. When the present owner purchased the Crow River Cable TV in 1980, the franchise agreement rate of $9.95 was reduced to $7.95. Since that time the number of subscribers has increased from 300 to 1,769. Also, the in- stallation of cable lines was completed throughout the city. The rate increase would allow for additional services. When asked his legal opinion regarding the rate increase, City Attorney Schaefer stated that as long as the increase was within the $9.95 rate as agreed upon in the franchise agreement, it would not require City Coun- cil approval. However, if the increase went beyond $9.95, it would re- quire Council approval and a public hearing. After extensive discussion, the motion was made by Alderman Mlinar to in- crease the rate to $9.95 a month according to the franchise agreement. Motion seconded by Alderman Beatty and carried, with roll call vote of Aldermen Beatty, Carls and Mlinar and Mayor DeMeyer voting aye and Alder- man Gruenhagen voting nay. V 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 18/83 - AN ORDINANCE RELATING TO THE REGULATION OF THE SALE OF GOODS AND MERCHANDISE UPON THE STREETS, SIDEWALKS, ALLEYWAYS OR PARKING LOTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Mayor DeMeyer read the proposed Ordinance No. 18/83, which regulated the use of streets, sidewalks, alleyways, or parking lots within the city limits. Alderman Beatty made the motion to defer continued action until after the public hearing scheduled for 8:00 P.M. Motion seconded by Alderman Carls and unanimously approved. Discussion continued following the public hearing. It was the suggestion of the City Attorney to consider Ordinance No. 12/83 (6-b) at the same time. Following lengthy discussion, Alderman Beatty moved to waive first read- ing of Ordinance No. 18/83 and set second reading for September 27, 1983, providing there was no similar ordinance already on the city books. Alder- man Gruenhagen seconded the motion, and it carried, with roll call vote of Aldermen Gruenhagen, Beatty and Mayor DeMeyer voting aye and Aldermen Carls and Mlinar voting nay. City Administrator Plotz reported that there was, in fact, a similar or- dinance already in force. Therefore, the proposed ordinance died. -4- COUNCIL MINUTES SEPTEMBER 13, 1983 (b) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF (DEFERRED AUGUST 9, 1983) Ms. Clarice Coston, Executive Vice President of the Chamber of Commerce, commented that the City of Hutchinson was known as an "easy mark" for transient merchants. The original intent of the proposed transient mer- chant ordinance was to protect the consumer from transient merchants who sell faulty merchandise and leave town. By requiring registration with the City, the merchant can be located later. The City Attorney pointed out that 98 percent of the wording in the ordi- nance was provided by the League of Cities, with various changes at the request of the Council. After extensive discussion, Alderman Beatty moved to waive the first read- ing of Ordinance No. 12/83 and set the second reading for September 27, 1983, with the following fees: Solicitors per day, $25; Solicitors per year, $200; Transient Merchants per day, $25; Transient Merchants per year, $200; Peddlers per day, $25; Peddlers per year, $200. Motion seconded by Alderman Mlinar. Upon roll call, the motion failed, with Alderman Beatty voting aye and Aldermen Gruenhagen, Carls and Mlinar and Mayor DeMeyer vot- ing nay. Alderman Mlinar moved to direct the City Attorney to redraft Ordinance No. 12/83, taking into consideration the discussion at tonight's meeting and incorporating it into the Ordinance. Alderman Carls seconded the motion, and it unanimously carried. (c) RESOLUTION NO. 7496 - RESOLUTION FOR PURCHASE Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7496. Motion approved unanimously. (d) RESOLUTION NO. 7497 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Carls to waive reading and adopt Resolution No. 7497. Motion seconded by Alderman Mlinar and carried unani- mously. (e) ORDINANCE NO. 19/83 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON City Administrator Plotz stated the Planning Commission needed to act on the Zoning Ordinance amendment before the Council gave it consideration. -5- COUNCIL MINUTES SEPTEMBER 13, 1983 Alderman Carls moved to direct Ordinance No. 19/83 to the Planning Com- mission for a public hearing. Motion seconded by Alderman Mlinar and unanimously approved. RECESS: Alderman Beatty moved to take a five-minute recess at 10:20 P.M. Motion seconded by Alderman Carls and carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - AUGUST 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF SENIOR ADVISORY BOARD DATED JUNE 8, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF HOSPITAL BOARD DATED APRIL 19, 1983; MAY 17, 1983; MAY 18, 1983; JUNE 21, 1983; AND JUNE 30, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF NURSING HOME BOARD DATED JULY 21, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (e) MINUTES OF AIRPORT COMMISSION DATED AUGUST 31, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF PARK & RECREATION BOARD DATED JULY 6, 1983 AND AUGUST 3, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF NO PARKING ON SERVICE ROAD IN HIGHLAND PARK AREA (DEFERRED AUGUST 23, 1983) City Engineer Priebe presented a report on the response received from the property owners involved. COUNCIL MINUTES SEPTEMBER 13, 1983 It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to ap- prove and authorize the City Attorney to draft an ordinance for no park- ing on the service road in the Highland Park area. Motion failed with roll call vote of Aldermen Gruenhagen and Beatty voting aye and Aldermen Carls and Mlinar and Mayor DeMeyer voting nay. Alderman Mlinar moved to restrict parking from 6:00 A.M. to 6:00 P.M. on the north and south sides of the service road. Motion seconded by Alder- man Gruenhagen and unanimously approved. (b) CONSIDERATION OF AWARDING BID FOR TWO CITY AUTOMOBILES Maintenance Operations Director Neumann reported on the bids received for 1984 automobiles. It was his recommendation to purchase two compact six - cylinder Chevy Citations from Wigen Chevrolet at $8,545.49 each for the City Engineer and Police Investigator. It was further recommended to spend an additional $700 per car for air conditioning. Following discussion, Alderman Beatty moved to approve and award bid to Wigen Chevrolet for two Chevy Citations at $8,545.49 each. The Chair seconded the motion. Upon roll call, Alderman Beatty and Mayor DeMeyer voted aye, Aldermen Carls and Mlinar voted nay, and Alderman Gruenhagen abstained from voting. The motion failed for lack of a majority vote. Alderman Mlinar moved to purchase one six -cylinder Chevy Citation from Wigen Chevrolet at $8,545.49. Motion seconded by Alderman Carls and car- ried, with Alderman Gruenhagen abstaining from voting. Alderman Mlinar moved to prepare plans and specifications for a used car for the City Engineer for the next Council meeting on September 27, 1983. Motion seconded by Alderman Carls and carried, with Alderman Gruenhagen abstaining from voting. (c) CONSIDERATION OF WATER RUN-OFF PROBLEM (DEFERRED AUGUST 23, 1983) Building Official Pittman reported that Paul Betker of Betker Builders had constructed the structure in question. The original plan called for drain- age to the front of the property; however, the grading had not been done according to the proposal. Therefore, the water runs from the southeast corner of the lot and drains onto the adjoining back lot of Harley Albers at 405 Shady Ridge Road. The Council was presented with a proposed draw- ing to correct the drainage problem. Following discussion, Alderman Gruenhagen moved to accept the drainage drawing, to be accomplished within 30 days according to the plan submitted. Motion seconded by Alderman Beatty and unanimously carried. -7- COUNCIL MINUTES SEPTEMBER 13, 1983 (d) CONSIDERATION OF PROPOSED SIDEWALK FOR PARK TOWERS RESIDENTS City Engineer Priebe presented two proposed locations for a sidewalk ad- dition to the existing City parking lot. It was his recommendation to remove the steps on the Park Towers site and have the senior citizens cross Franklin Street at a cross -walk on the Third Avenue sidewalk. After discussion, the motion was made by Alderman Gruenhagen to refer the City Engineer's plan to remove the steps and route the residents of Park Towers to the sidewalk on Third Avenue to the Park Towers management. Motion seconded by Alderman Beatty and approved unanimously. (e) CONSIDERATION OF AWARDING BID FOR DEMOLITION OR MOVING OF MASONIC TEMPLE STRUCTURE City Engineer Priebe reported on the bids received for demolition of the Masonic Temple. No bids were received for moving the structure. Following discussion, it was moved by Alderman Beatty to approve and award the demolition bid to Larson Excavating for $13,358, and to waive reading and adopt Resolution No. 7516. The motion was seconded by Alderman Gruen- hagen and carried, with the Chair abstaining from voting. 9. NEW BUSINESS (a) REPORT ON 1984 PUBLIC IMPROVEMENTS AND SET PUBLIC HEARING DATE This agenda item was acted upon under 9-(n). (b) CONSIDERATION OF ADVERTISING FOR BIDS TO DEMOLISH PLOWMAN BUILDING After discussion, Alderman Beatty moved to authorize advertising for bids on October 4, 1983 at 2:00 P.M. Motion seconded by Alderman Gruenhagen and carried, with the Chair abstaining from voting. (c) CONSIDERATION OF SEWER RATE ADJUSTMENT FOR MCDONALD'S MOBILE PARK City Engineer Priebe stated the City had received a letter from the owners of McDonald's Mobile Park regarding an adjustment of sewer rate for the mobile park. Their winter quarter useage increases, and this is the quar- ter used to determine the sewer rate. City Administrator Plotz pointed out that during the winter the water goes through the sewer and requires seder treatment. It was suggested that per- haps the next quarter's useage could be used as a basis for sewer charges, as recommended by the City Accountant.in his memorandum to the Council. -8- COUNCIL MINUTES SEPTEMBER 13, 1983 It was moved by Alderman Carls to adopt the recommendation of the City Accountant. Motion seconded by Alderman Gruenhagen. Following discus- sion of the City Ordinance pertaining to sewer charges, the motion failed upon roll call vote of Alderman Carls voting aye and Aldermen Gruenhagen, Beatty and Mlinar and Mayor DeMeyer voting nay. (d) CONSIDERATION OF 50 PERCENT REIMBURSEMENT TO TKDA FOR EXTRA MEETINGS NEEDED TO IMPLEMENT AIRPORT ZONING ORDINANCE City Administrator Plotz reported that it was necessary to hold additional meetings and hearings relative to the development and zoning of the Hutch- inson Municipal Airport. The contract between the City and TKDA covered attendance by TKDA at three meetings or hearings. Therefore, the Supple- mental Agreement No. 1 would recover the costs for extra work expended by TKDA on a 50% state/50% local rate. The City share would be $450. Alderman Beatty made the motion to approve and authorize signing Supple- mental Agreement No. 1. Alderman Gruenhagen seconded the motion, and it unanimously carried. (e) CONSIDERATION OF CHANGE ORDER NO. 1 FOR MAC'S BLUFF ADDITION (PROJECT 83-06 AND 83-09) City Engineer Priebe informed the Council that the owner of Mac's Bluff Addition had requested extension of services, grading and gravel base for his sub -division. In order to include this work in Project 83-06 and 83-09, it will require approval of Change Order No. 1. Following discussion, the motion was made by Alderman Gruenhagen to approve Change Order No. 1 for Mac's Bluff Addition. Motion seconded by Alderman Beatty and approved unanimously. (f) CONSIDERATION OF APPLICATION FOR "ON SALE" INTOXICATING LIQUOR LICENSE BY WILLIAM LEUNG, GOLD COIN INC. Mr. William Leung, owner of the Gold Coin, Inc., submitted an application for an intoxicating liquor license. At the present time Mr. Leung is the holder of a wine license. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Beatty, to approve the application and set a public hearing for Sep- tember 27, 1983 at 8:00 P.M. Motion carried unanimously. (g) CONSIDERATION OF ESTABLISHING POLICY OF NOT HAVING THE CITY LIQUOR STORE OR ANY OTHER DEPARTMENT PURCHASE ITEMS FROM THE SOVIET UNION OR ANY OTHER ITEMS FROM PUPPET COUNTRIES OF THE SOVIET UNION (REQUESTED BY ALDERMAN MIKE CARLS) COUNCIL MINUTES SEPTEMBER 13, 1983 Alderman Carls moved that the City liquor store, or any other department, not purchase products produced in the Soviet Union, Afghanistan, Cuba, and the East European Communist Bloc countries. Motion seconded by Alderman Beatty and unanimously carried. The motion was made by Alderman Beatty to waive reading and adopt Resolu- tion No. 7515 and to send a copy to the following: U.S.S.R. Ambassador of the Soviet Embassy in Washington, D.C.; U.S.S.R. Ambassador to the United Nations in New York City; The White House in Washington, D.C.; Minnesota Senators and Representatives; and the Congressmen. The motion was sec- onded by Alderman Gruenhagen and approved unanimously. (h) CONSIDERATION OF HOLDING A BUDGET HEARING It was recommended that the Council hold a budget hearing to allow citi- zen input regarding the 1984 budget. Following discussion, it was moved by Alderman Carls, seconded by Alder- man Beatty, to set a budget hearing for September 27, 1983 at 8:00 P.M. Motion carried unanimously. (i) CONSIDERATION OF LOCATION FOR CITY GENERAL ELECTION ON NOVEMBER 8, 1983 City Accountant Merrill reported that the National Guard Armory would be available for the November 8 election. He requested authorization to rent said facility for the election. Alderman Beatty moved to authorize City staff to rent the National Guard Armory for the November 8, 1983 election. The motion was seconded by Alderman Gruenhagen and unanimously approved. (j) CONSIDERATION OF REQUEST TO PURCHASE RED LIGHT BARS FOR FIRE MARSHALL VEHICLE Fire Marshall Field informed the Council that the McLeod County Sheriff's Department had used red light bars available for $75 each. He requested permission to purchase this equipment with money from the contingency fund. After discussion, Alderman Gruenhagen made the motion to approve the pur- chase of one set of red light bars for $75. Motion seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY MISTER DONUT Following discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the application and issue a cigarette license. Motion approved unanimously. -10- COUNCIL MINUTES SEPTEMBER 13, 1983 (1) CONSIDERATION OF PLANS AND SPECIFICATIONS FOR PARKING LOT AT MASONIC TEMPLE SITE City Engineer Priebe reported on the proposed layout for the parking lot at the Masonic Temple site. He stated the plans and specifications were completed for Council approval and to be advertised for bids on October 6, 1983 at 2:00 P.M. After discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the plans and specifications and to waive reading and adopt Resolution No. 7498, orderin,gthe advertisement for bids on October 6, 1983 at 2:00 P.M. Motion carried, with the Chair abstaining. (m) CONSIDERATION OF ENTERING INTO EARNEST MONEY CONTRACT OF SALE FOR JOHN JORGENSON PROPERTY FOR WEST RIVER PARK PROJECT City Attorney Schaefer reported he had begun to contact the property owners in the West River Park project area regarding the possible purchase of their property. It was his recommendation to enter into an earnest money contract of sale with John Jorgenson at this time. Following discussion, the City Attorney suggested including an amended agreement which would state the sale of property would be contingent upon the City being able to acquire sufficient park property and that the final payment of monies would be authorized by the State agency through a grant. It was moved by Alderman Gruenhagen to authorize the City Attorney to enter into an agreement with John Jorgenson, to include the amended agreement. Motion seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF PROJECT 84-02 BY ORDERING ENGINEER'S REPORT, RECEIVING REPORT AND SETTING HEARING DATE A report was presented by the City Engineer on the proposed projects for 1984. Alderman Gruenhagen moved to waive reading and adopt Resolution No. 7494 ordering report on improvement project No. 84-02. Motion seconded by Ald- erman Beatty and approved unanimously. The motion was made by Alderman Beatty, seconded by Alderman Carls, to receive the report and set the hearing for October 11, 1983 at 8:00 P.M. and to waive reading and adopt Resolution No. 7495. Motion unanimously carried. (o) CONSIDERATION OF AUTHORIZING PLACEMENT OF A $750,000 BOND ISSUE FOR THE HUTCHINSON PUBLIC LIBRARY IN THE NOVEMBER 8, 1983 ELECTION -11- COUNCIL MINUTES SEPTEMBER 13, 1983 Alderman Mlinar reported the Public Facilities Task Force and the Library Board have gone on record to recommend a $700,000 bond and referendum for an addition to the Hutchinson Public Library. City Attorney Schaefer explained the additional $50,000 was to cover the attorney fees of the bond consultants and the bond sale. Following discussion, Alderman Mlinar moved to approve the question for a library bond issue and to waive reading and adopt Resolution No. 7499. Motion seconded by Alderman Beatty and approved unanimously. (p) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLLS AND SETTING ASSESSMENT HEARING FOR PROJECT 83-02 City Engineer Priebe reviewed the assessment rolls for project 83-02 in Oakwood Addition. During discussion, it was the consensus of the Council to delete Assess- ment Rolls No. 173 and No. 178. The motion was made by Alderman Beatty to waive readings and adopt Reso- lutions No. 7500, 7504, 7506, 7508 and 7510, declaring the cost to be assessed and ordering the preparation of the assessment. The motion was seconded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive readings and adopt Resolutions No. 7501, 7505, 7507, 7509 and 7511, set- ting the hearing for the proposed assessment on October 11, 1983 at 8:00 P.M. Motion unanimously approved. (q) CONSIDERATION OF REQUEST BY LEBISTRO CAFE TO SELL COFFEE, BREADS AND PASTRIES ON CITY SIDEWALK DURING ARTS AND CRAFTS FESTIVAL LeBistro Cafe requested permission to sell coffee, breads and pastries on the sidewalk in front of their building from 8:00 A.M. to 12 Noon during the Arts and Crafts Festival. Alderman Beatty stated the Arts and Crafts Committee had no objection to the request by LeBistro. It would not be in competition with the conces- sion stand operated by the Hutchinson Ambassadors. Alderman Mlinar moved to approve the request. Alderman Beatty seconded the motion, and it unanimously carried. (r) CONSIDERATION OF INCREASED CITY FUNDING FOR SUMMER BAND CONCERTS -12- COUNCIL MINUTES SEPTEMBER 13, 1983 The Chamber of Commerce requested consideration of additional funding for the 1984 band concerts and tourism advertising in the total amount of $2,500. It was pointed out that the costs had gone up since the City ini- tially budgeted $1,500 for concerts and promotion of the community. Alderman Beatty made the motion to consider this item at budget time. Motion seconded by Alderman Mlinar and approved unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR It was reported that Barbara Whittenberg will be retiring from the Hutchin- son Public Library after 19 years as head librarian. Mayor DeMeyer then read a Resolution of Appreciation for Ms. Whittenberg. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to adopt Resolution No. 7514. Motion carried unanimously. City Administrator Plotz reminded the Council of the Municipal Board annex- ation hearing scheduled for September 14 at 1:00 P.M. in City Hall per- taining to the Ronald Horswell property. The Council was extended an invitation to attend the annual meeting of the Community Development Corporation on September 22, 1983 at 7:00 P.M. in the lounge of the Senior Center. (b) COMMUNICATIONS FROM THE MAYOR Mayor DeMeyer read a letter of complaint against neglect of property at 235 Fifth Avenue Southwest, owned by Melvin Klockmann. A petition of 22 signatures was attached to the letter. The motion was made by Alderman Beatty to direct the Building Official and Fire Marshal to address the issue. The motion was seconded by Alder- man Gruenhagen and carried unanimously. The Mayor reported the Council had received an offer from Swanke Motors to rent the five -stall Bretzke garage for $100 per month. It was mentioned during discussion that the north wall of the building would have to be closed off,at an estimated cost of $3,050. The suggestion was made to use the garage for cold storage by the City. Alderman Beatty moved to deny the request for rental of the five -stall garage. Alderman Mlinar seconded the motion, and it carried, with Ald- erman Gruenhagen abstaining from voting. -13- COUNCIL MINUTES SEPTEMBER 13, 1983 (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer made reference to agenda item 9(f) and stated the current City Ordinance requirement for a restaurant applying for a liquor license is to provide one parking space for each three customers. A ques- tion was raised that the downtown parking assessment waived the parking requirement for the downtown area. It was the City Attorney's recommen- dation to amend the Ordinance parking requirements for the downtown park- ing district. Alderman Gruenhagen made the motion to direct the City Attorney to draft an amendment to the Ordinance for the Downtown Parking District. Motion seconded by Alderman Mlinar and approved unanimously. The Final Note Resolution had been received for the Hutch Computer project, and it met with the City Attorney's approval. He requested Council action on it. Alderman Carls moved to adopt the Final Note Resolution. Motion seconded by Alderman Beatty and unanimously carried. (d) COMMUNICATIONS FROM CITIZENS BANK & TRUST CO. Citizens Bank presented the City with a proposed plan for the sidewalk to be installed at their cost. After review, Alderman Beatty moved to approve the plan. Motion seconded by Alderman Gruenhagen and carried unanimously. (e) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported he was making plans for the up -coming fall auc- tion but no location had been determined. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Gruenhagen, seconded by Alderman Mlinar, and car- ried, with the Chair abstaining from voting. 12. ADJOURNMENT The meeting adjourned at 12:20 A.M. upon motion by Alderman Carls, seconded by Alderman Mlinar, and approved unanimously. -14-