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07-12-1983 CCMt MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 12, 1983 1. 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 Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City At- torney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Eldon Albin. 3. MINUTES The minutes of the bid openings of June 21, 1983 and July 7, 1983; public hear- ing of June 27, 1983; and regular meeting of June 28, 1983 were approved as pre- sented, upon motion by Alderman Beatty, seconded by Alderman Mlinar and unani- mously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 166 The public hearing was called to order at 8:30 P.M. City Engineer Priebe reported on the state aid project No. 83-01-16 for Second Avenue Southeast between Adams Street and Huron Street. He stated the estimated total cost of the improvement would be $94,320. The motion was made by Alderman Beatty, seconded by Alderman Mlinar, to close the hearing at 8:32 P.M. Motion unanimously carried. It was moved by Alderman Beatty to approve Assessment Roll No. 166 and to waive reading and adopt Resolution No. 7454. Motion seconded by Alderman Mlinar and approved unanimously. Ms. Lucile Ulrich, 205 Adams, inquired why the property owners were being assessed again for the street, curb and gutter when they had already been assessed for the same project. The curb and gutter was removed and redone within a short time after installation. She also wondered why the property owners had to pay for truck traffic. The City Engineer responded that the property owners would be assessed for residential street costs, while the city would pay for the truck route. Mr. Keith Griebie, 1010 Lewis Avenue, questioned why only two blocks were being made a nine -ton street. He wondered if it was feasible to do two blocks at this time. 0 s COUNCIL MINUTES JULY 12, 1983 City Engineer Priebe reported that corner lots are assessed on the short side, and therefore, the assessment would be for 66 feet. He pointed out it would not be feasible to build the street as a nine -ton street at this time, but it will become a nine -ton street up to the Industrial Park on the east. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE CITY SIDEWALKS FOR CRAZY DAY SALE ON JULY 20, 1983 Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously approved, to grant permission for the use of city sidewalks for Crazy Day. (b) CONSIDERATION OF APPOINTMENT OF REV. THOR SKEIE TO HOSPITAL BOARD It was moved by Alderman Carls, seconded by Alderman Beatty, to ratify the appointment of Rev. Thor Skeie to the Hospital Board. Motion approved unan- imously. (c) CONSIDERATION OF PARKING IN FRONT OF LE BISTRO CAFE Mayor DeMeyer reported he had received an unsigned letter from a Hutchinson resident who expressed concern regarding parking in front of the Le Bistro Cafe. The Mayor asked the City Clerk to check with the Police Department regarding parking in this area, with a report to be presented at the next Council meeting. City Engineer Priebe stated that diagonal parking throughout the block by Le Bistro Cafe was approved by the Council, but it was not in the plan for parking in front of the cafe. It was his suggestion to mark the area "no parking." The City Attorney was directed to draft an Ordinance for the no parking zone at Le Bistro Cafe for the July 26 meeting. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7440 - RESOLUTION OF APPRECIATION FOR BUELL FOGG Following the reading of Resolution No. 7440, Alderman Beatty moved to adopt said Resolution. Motion seconded by Alderman Mlinar and unanimously carried. (b) RESOLUTION NO. 7437 - RESOLUTION ADOPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7437. Motion approved unanimously. -2- COUNCIL MINUTES JULY 12, 1983 (c) ORDINANCE NO. 11/83 - AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PREMISES WITHIN THE CITY OF HUTCHINSON, MINNESOTA,AND PROVIDING PENALTIES FOR VIOLATION City Attorney Schaefer commented that this Ordinance addresses the door- to-door salesman. No peddler or solicitor shall be allowed to enter in or upon any premise bearing a sign or placard stating "Peddlers and Soli- citors Prohibited." Following discussion, Alderman Beatty moved to waive the first reading and set second reading for July 26, 1983. Motion seconded by Alderman Carls and carried unanimously. (d) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF There was a lengthy discussion concerning the wording in the Ordinance, especially relating to the requirement in section 5 for local groups and/ or individuals to register at City Hall prior to selling door-to-door. It was pointed out the purpose of the Ordinance was to protect the local residents from merchants selling faulty merchandise. The motion was made by Alderman Beatty to waive the first reading and set the second reading for July 26, 1983. Motion seconded by Alderman Mlinar, with Aldermen Beatty and Mlinar voting aye and Alderman Carls and Mayor DeMeyer voting nay. Motion failed. After further discussion, Alderman Carls moved to direct the City Attorney to amend the transient merchant Ordinance byetaking into account the discus- sion of this evening and to put together a section on the exemptions that would be more acceptable as brought out in dialogue. Motion seconded by Alderman Beatty and unanimously carried upon roll call. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S REPORT - JUNE 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED MAY 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS -3- COUNCIL MINUTES JULY 12, 1983 (a) CONSIDERATION OF ONE-WAY ALLEYS IN DOWNTOWN AREA (DEFERRED MAY 24, 1983) City Administrator Plotz presented a report on the results of the alley survey taken in the downtown area. After discussion, Alderman Beatty moved to instruct the City Attorney to draft an Ordinance adopting one-way alleys on the west side of Main Street, between Main Street and Franklin Street from the river to Fourth Avenue Southwest and that the alleys be one-way from the south to the north; and on the east side of Main Street from the river to Fourth Avenue Southeast, the alleys be one-way from the north to the south. Motion seconded by Alderman Mlinar and unanimously approved. (b) CONSIDERATION OF REQUEST FROM CITIZENS BANK FOR BEAUTIFICATION ON FIRST AVENUE SOUTHWEST (DEFERRED JUNE 28, 1983) This item was deferred until the next Council meeting. (c) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 83-06 (DEFERRED JULY 7, 1983) City Engineer Priebe reported on the non -assessable underground work in the area approved for street construction between Main Street South and Fifth Avenue Southwest. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to approve and awxd bid to Juul Contracting Co. in the amount of $72,022. Motion unanimously carried. It was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7442. Motion seconded by Alderman Beatty and approved unanimously. (d) CONSIDERATION OF AWARDING BID FOR PROJECT 83-01-15 (DEFERRED APRIL 25, 1983) The City Engineer presented a report on project No. 83-01-15 for improve- ment on First Avenue Southwest for construction of curb and gutter, street surfacing, sidewalk and appurtenances. It was his recommendation to award the contract to Buffalo Bituminous, low bidder, in the amount of $56,564.50. After discussion, Alderman Beatty moved to approve and award the bid to Buffalo Bituminous. Motion seconded by Alderman Mlinar and carried unani- mously. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7441. Motion approved unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION WS i` COUNCIL MINUTES JULY 12, 1983 City Administrator Plotz reported the State would reimburse the city two- thirds of the direct, actual maintenance and operation costs for the air- port not reimbursed by any other source, not to exceed $5,000 of State aid for each fiscal year. The agreement would be in effect until June 30, 1985. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Carls, to approve the agreement and waive reading and adopt Resolution No. 7436. Motion approved unanimously. (b) CONSIDERATION OF RESIGNATION OF ASSISTANT CITY ATTORNEY It was reported that Attorney John Keefe had submitted his resignation as Assistant City Attorney. His services had only been used once during the past two years. Attorney Keefe would, however, be available on an on-call basis. Alderman Beatty moved to accept the resignation of the Assistant City At- torney. Motion seconded by Alderman Carls and carried unanimously. (c) REVIEW OF TRUCK ROUTES THROUGH CITY BY CITY ENGINEER City Engineer Priebe presented a proposed truck route through the city of Hutchinson. It was suggested that signs be posted to mark the various truck routes. Mr. Priebe reported he had talked to Bob Peterson of Rockite Silo regarding the speed of his drivers in the area of Northside Grocery. Since Prospect Street is a state aid street, it would not be possible to re -direct traffic. After discussion, the motion was made by Alderman Beatty to approve the proposed streets as truck routes. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Beatty to instruct the City Attorney to draft an Ordinance to establish truck routes.as presented. Motion to amendment seconded by Alderman Beatty and carried. The motion unanimously carried. (d) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE BY V.F.W. POST NO. 906 Following discussion, Alderman Mlinar moved to approve the application and issue a gambling devices license to the V.F.W. Motion seconded by Alderman Beatty and approved unanimously. (e) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE; 1. HUTCHINSON JAYCEES 2. LYONS CLUB -5- COUNCIL MINUTES JULY 12, 1983 The Hutchinson Jaycees and Lyons Club submitted applications to sell non - intoxicating malt liquor co ve ring several dates. It was determined by the Council, with the recommendation of the Police Department, that each application date be approved on a one-time basis. Following lengthy discussion, it was moved by Alderman Beatty to grant a license to the Hutchinson Jaycees for the dates of July 23-24, 1983 at the Roberts Park. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Beatty to grant a license to the Lyons Club for the dates of August 20 and August 27. There was no second, and the motion failed. Alderman Carls moved to grant a license to the Lyons Club for the dates of July 23-24, 1983 at the Fair Grounds. Motion seconded by Alderman Beatty and carried unanimously. (f) CONSIDERATION OF STORM SEWER IMPROVEMENT PROJECT 83-08 City Engineer Priebe presented a report on the improvement project 83-08. He stated that $1,500 of the cost would be assessed to the school district, with an estimated total cost of $3,000. After discussion, Alderman Mlinar moved to accept the report and call for a hearing on August 9, 1983 at 8:00 P.M. Motion seconded by Alderman Beatty and approved unanimously. The motion was made by Alderman Beatty, seconded by Alderman Carls, to waive readings and adopt Resolutions No. 7438 and No. 7439. Motion unani- mously approved. (g) CONSIDERATION OF REQUEST FOR CURB AND GUTTER ON THIRD AVENUE NORTHWEST The City Engineer reported he had received a letter of request from the owners of Hutch Computer Industries, Inc. for curb and gutter improvement work on their property on Third Avenue Northwest and Highway 7 West. The estimated cost for project 83-09 would be $5,200. Following discussion, it was moved by Alderman Beatty to waive reading and adopt Resolution No. 7450. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously, to waive reading and adopt Resolution No. 7451. Alderman Beatty made the motion to waive reading and adopt Resolution No. 7452. Motion seconded by Alderman Mlinar and carried unanimously. COUNCIL MINUTES JULY 12, 1983 The motion was made by Alderman Beatty, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7453, setting a bid opening for August 9, 1983 at 2:00 P.M. Motion approved unanimously. (h) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLLS AND SETTING ASSESSMENT HEARING FOR PROJECTS 83-03, 83-04 and 83-05 City Engineer Priebe reported that projects 83-03, 83-04 and 83-05 pertain to improvements on Franklin Street. After discussion, it was moved by Alderman Carls, seconded by Alderman Beatty and carried unanimously, to waive readings and adopt Resolutions No. 7443-7448, and schedule public hearings for 8:00 P.M. on August 9, 1983. (i) CONSIDERATION OF APPRAISALS FOR PARKING ASSESSMENT SETTLEMENT PROCEDURE City Attorney Schaefer stated the court action was eliminated through the settlement approach agreed upon by the Council regarding the downtown park- ing assessment appeals. A certified appraiser will do the research and pre- sent an appraisal of "before and after" valuation of the 13 properties in- volved. The appellants and City will each hire an appraiser, and there could be a third appraiser involved. It was the City Attorney's opinion that the same appraisal report as required by court would not be needed, and therefore, the city might realize a savings on the appraisal fees. it was suggested that Attorney Schaefer meet with Bill Haas, attorney for the appellants, to determine the amount of information necessary on the appraisals. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to authorize City Attorney Schaefer to approach Attorney Bill Haas in an attempt for a workable solution to minimize the appraisal costs. The motion carried, with Aldermen Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. It was noted that the Mayor felt this item dealt with a process whereby the procedure was still in question and had not been resolved. (j) CONSIDERATION OF RESOLUTION AUTHORIZING SALE AND ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS FOR 1983 IMPROVEMENT PROGRAM Mr. Bill Fahey, bond consultant with Ehlers & Associates, presented the resolution for the sale of the $950,000 improvement bonds of 1983. He pointed out that Norwest Bank Minneapolis had been appointed to act as bond registrar, transfer agent and paying agent. It was Mr. Fahey's recom- mendation to open bids on the bonds at 3:00 P.M. on July 26, 1983. After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 7449. Motion seconded by Alderman Mlinar and approved unanimously. -7- COUNCIL MINUTES JULY 12, 1983 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that a date should be set for the an- nual city appreciation picnic for the employees and members of various boards and commissions. Mayor DeMeyer requested the City Administrator and City Attorney to contact the League of Cities to determine if there were any statutorial limitations on using city funds for a picnic. Alderman Carls stated the city appreciation picnic was one of the few ways in which the city could express thanks to the employees and board members who have put forth time and effort on behalf of the city. The motion was made by Alderman Beatty to authorize a_city appreciation picnic, contingent upon the findings from the League of Cities. Motion seconded by Alderman Mlinar and carried unanimously. (b) COMMUNICATIONS FROM RANDALL ROBERTS FOR TRANSIENT PERMIT An application was received from Randall Roberts, dba Glover Produce, to allow door-to-door selling of oranges and grapefruits from July 12-21. Following discussion, the motion was made by Alderman Mlinar to accept the application and issue a solicitation permit. Motion seconded by Alderman Carls and approved unanimously. (c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported he had received two requests for the use of City equipment. The first request would be a joint venture between the City and State Highway Department for the rental of a vacuum machine for the period of one week. After discussion, Alderman Beatty moved to approve rental of the machine. Motion seconded by Alderman Carls and unanimously carried. The Fair Board requested to use the City street sweeper to clean the fair grounds of debris resulting from the tornado. Use of the machine would be on a gratis basis. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve use of the street sweeper. Motion approved unanimously. (d) COMMUNICATIONS FROM CITY ENGINEER COUNCIL MINUTES JULY 12, 1983 City Engineer Priebe reported that on May 4, 1983 the City received bids for the 1983 maintenance of South Park water tower. The contract was awarded to Mid-America Pipe Cleaning in the amount of $10,760. To date, no signed contract has,been received, and the company has disconnected its telephone. Since 30 days has expired from the date of bid, it was recom- mended to award the contract to the second lowest bidder, Maguire Iron, Inc. in the amount of $12,250. Following discussion, Alderman Beatty moved to rescind the bid to Mid- America Pipe Cleaning and award the bid to second lowest bidder, Maguire Iron, Inc. in the amount of $12,250. Motion seconded by Alderman Carls and unanimously carried. Cost estimates on the south portion of the Bretzke parking lot were pre- sented by the City Engineer. (e) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the task force visit to Bloomington for the purpose of reviewing that city's street maintenance program. He then di- rected the City Administrator to contact the League of Cities for a report on other cities that utilize the special assessment method to finance street maintenance. (f) COMMUNICATIONS FROM MAYOR JAMES G. DEMEYER Mayor DeMeyer commented he had received petitions relative to the assess- ments for street maintenance on Hilltop, Connecticut and Campbell Streets. City Engineer Priebe responded that this project would be a part of the 1984 improvements, and a public hearing would be held subsequent to a re- port submitted to the Council. It was the recommendation of the Mayor to refund and/or waive the City por- tion of building permit fees to those property owners who suffered damage from the tornado. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to waive the City fees for building permits for those property owners who occurred damage from the tornado. Motion approved unanimously. 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 10:45 P.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and unanimously approved.