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06-28-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 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 Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION In the absence of a clergyman, there was a moment of silent meditation. 3. MINUTES The minutes of the regular meeting of June 14 were approved as amended on a motion by Alderman Mlinar, seconded by Alderman Beatty and approved unanimously. 4. PUBLIC HEARING (a) Project 83-02 - Oakwood Lane 1. Sanitary Sewer 2. Storm Sewer 3. Grading, Gravel Base, Curb and Gutter Upon opening of the public hearing, Ward Haugen asked about the amount of deferred assessments for the project. City Engineer Priebe explAined that the deferments would stand until development occurred in the undeveloped areas. Ron Horswell stated that he opposes annexation of his property and questions the value of the entire project. Any assessments would cost a substantial amount for the frontage involved. There being no further comments from the public, the hearing was closed on a motion by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously. A motion was made by Alderman Gruenhagen and seconded by Alderman Beatty to waive reading and adopt Resolution No. 7427 Ordering Improvement and Preparation of Plans and Specifications. Upon roll call, the motion carried, with Aldermen Gruenhagen, Beatty and Mlinar voting aye and Mayor DeMeyer and Alderman Carls voting nay. Mayor DeMeyer stated he Ojects because the deferred assessments are not recognized at this time. On a motion by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, Resolution No. 7428, Resolution Receiving Report on Project 83-02 was adopted. COUNCIL MINUTES JUNE 28, 1983 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO USE STREET AREA ON FIRST AVENUE SOUTHWEST NEXT TO LIBRARY SQUARE FOR FARMER'S MARKET ON SATURDAYS DURING SUMMER SEASON Communication was submitted by the Hutchinson Downtown Retail Association requesting street area to be closed off during the hours of the "Farmer's Market". On a motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously, the request was approved. (b) CONSIDERATION OF REQUEST BY MICK WIGEN TO HOLD A PICNIC/BLOCK PARTY IN ROLLING OAKS PARK FROM 3-10 P.M. ON JULY 9, 1983 City Attorney Schaefer reviewed the warranty deed and its restrictive covenants whereby.Rolling Oaks Park had been donated to the City. The park is to be maintained in its wild state with no motorized vehicles, furnishings or organized events on the property. Based on these restrictions, the request ,for t -_a block party in Rolling Oaks Park was rejected on a motion by Alderman Mlinat, seconded by Alderman Gruenhagen and carried unanimously. The Council directed that the Parks and Recreation Department should put up signs or use some method of informing the public of the allowable uses of the park. (c) CONSIDERATION OF REQUEST FOR CHIEF WASTEWATER PLANT OPERATOR TO ATTEND MINNESOTA WASTEWATER OPERATORS ASSOCIATION INSTITUTE AUGUST 3-5, 1983 The request was approved on a motion by Alderman Carls, seconded by Alderman Beatty and carried unanimously. (d) REPORT ON DISASTER PROCEDURE EVALUATION MEETING BY ALDERMAN TED BEATTY Report was deferred, awaiting final report from Police Chief O'Borsky. (e) CONSIDERATION OF PETITION FOR ORDINANCE CONCERNING PUBLIC DISPLAY -MINOR LAW Petition was received requesting adoption of an ordinance which would require retailers to keep objectionable publications off public display and under counters. Judy Kopesky stated that Minnesota has no state law governing this, but the supreme court has ruled that a state may restrict display by ordinance similar to the model provided, which defines objectionable materials. Motion was made that the City Attorney draft such an ordinance. Motion seconded by Alderman Mlinar and carried unanimously. 6. RESOLUTIONS AND ORDINANCES None -2- COUNCIL MINUTES JUNE 28, 1983 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) Monthly Financial Statement - May 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) Minutes of Planning Commission dated May 17, 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. (c) Minutes of Library Board dated June 10, 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) Review of Refuse Survey Requested by City Council and Presented by City Administrator City Administrator Plotz reviewed the information gathered on refuse rates in several cities. (b) Consideration of Report -and Recommendation from Police Chief Regarding Downtown Parking (DEFERRED APRIL 12, 1983) Chief O'Borsky recommended parking solutions based on a study by the Police Department: (1) 3 hour parking remain in effect in lots. (2) Develop a system of parking permits to be issued for a fee. (3) Arrange a "courtesy parking" system which would allow short term parking for special needs, to be distributed on request by Chamber of Commerce. (4) Continue to enforce 2 hour on -street parking. Dale Smith commented he is opposed to 3 hour parking in lots at outer edges of downtown; tenants and customers need longer times. There was further discussion from the audience and statement from the Council that the recommended permit system should help alleviate the problems. Mayor DeMeyer expressed the hope this matter could be discussed again if needed. On a motion by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, the report of Chief O'Borsky was accepted. (c) CONSIDERATION OF REQUEST BY JUNKER SANITATION FOR INCREASED RESIDENTIAL REFUSE RATES EFFECTIVE JULY 1, 1983 (DEFERRED JUNE 14, 1983) Representatives of Junker Sanitation requested a $.65 per month increase in residential refuse rates due to increased costs. 19911 COUNCIL MINUTES JUNE 28, 1983 Following discussion, Alderman Beatty moved to authorize an increase in rates to $6.50 (from the present $6 rate), with 15,� of this increase being retained by the City. The motion died for the lack of a second. Alderman Carls then moved to set the rate effective July 1 at $6.15 per month for residential accounts, keeping the City's administrative fee at its present 15s,� per account; this 150, increase to be applied to commercial accounts as well. Motion was seconded by Alderman Mlinar. Upon roll call vote, Aldermen Curls, Mlinar, Gruenhagen and Mayor DeMeyer voted aye and Alderman Beatty voted nay. Motion carried. (d) CONSIDERATION OF RECOMMENDATIONS FOR INSURANCE PROGRAM AS PRESENTED BY DWIGHT TANGE, INSURANCE CONSULTANT Mr. Tange reviewed the policy changes being recommended by Risk Control, Inc. Four bidders had participated in the bidding process, with Madsen Agency/Home Insurance being low bidder; an annual savings in premium of about $43,000 had been achieved. The recommendations of Dwight Tange/Risk Control, Inc., were accepted on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF INSTALLING STREET LIGHTS ON BOULDER STREET AND BOULDER CIRCLE Hutchinson Utilities reported that the estimated cost of installing three street lights would be $1,650. New lights are financed from the annual bond issue. Installation of street lights was approved on a motion by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously. (f) CONSIDERATION OF REQUEST FROM CITIZENS BANK FOR BEAUTIFICATION ON FIRST AVENUE SOUTHWEST The matter was deferred to the meeting of July 12, 1983, on a motion by Alderman Carls, seconded by Alderman Beatty and carried unanimously. (g) CONSIDERATION OF AWARDING BID FOR GARAGE PORTION OF BRETZKE PROPERTY (DEFERRED JUNE 21, 1983) The bid was rejected on a motion by Alderman Beatty, seconded by Alderman Mlinar, and carried unanimously. Following lengthy discussion a motion was made by Alderman Beaty end seconded by Alderman Mlinar, instructing the City Engineer to prepare plans, including closing up the area left exposed by removal of the garage, to convert the garage area to parking. On a roll call vote, Aldermen Beatty and Mlinar voted aye and Aldermen Gruenhagen, Carls and Mayor DeMeyer voted nay. Motion failed. -4- COUNCIL MINUTES JUNE 28, 1983 Alderman Gruenhagen made a motion to instruct city staff to prepare information on the garage property: (1) if privately owned, how much real estate taxes would be generated? (2) cost of demolition (3) cost of blacktopping (4) cost of maintenance if used as parking lot Following discussion, the motion was amended by Alderman Beatty to include the question: (5) what would be the changed value of the Piehl property (45 Library Square) with or without the garage. Motion as amended was seconded by Alderman Carls. On roll call vote, Aldermen Gruenhagen, Beatty, Carls and Mlinar voted aye and Mayor DeMeyer voted nay. Motion carried. Upon questioning, City Attorney Schaefer stated he is not sure if the action taken to reject the bid can be rescinded. However, real estate sales may be dealt with other than by the bid process. Attorney &chaefer will report on the impact changed use of the building will have . 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Discontinuation of service was authorized on a motion by Alderman Beatty, seconded by Alderman Carls and approved unanimously. (b) CONSIDERATION OF TRANSFERRING FUNDS FROM CONTINGENCY ACCOUNT TO POLICE DEPARTMENT ACCOUNT FOR OVERTIME PAY DURING TORNADO The fund transfer was approved on a motion by Alderman Gruenhagen, seconded by Alderman Carls and carried unanimously. (c) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY PURE CULTURE PRODUCTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Gruenhagen, seconded by Alderman Carls and carried unanimously to waive reading and adopt Resolution No. 7429. (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY HUTCHINSON FARM SERVICE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously to waive reading and adopt Resolution No. 7430. (e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY JOHN AND HARRIET TEWES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously to waive reading and adopt Resolution No. 7431. (f) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY JOHN AND HARRIET TEWES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION -5- COUNCIL MINUTES .TUNE 28, 1983 Motion was made by Alderman Beatty, seconded by Alderman Carls and carried unanimously to waive reading and adopt Resolution No. 7432. (g) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY RUSSELL FISCHER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Carls, seconded by Alderman Mlinar and carried unanimously to waive reading and adopt Resolution No. 7433. (h) CONSIDERATION OF HORSWELL PROPERTY ANNEXATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously to approve and waive reading and adopt Resolution No. 7434 and to request public hearing by Minnesota Municipal Board. (i) CONSIDERATION OF EXPIRATION OF ORDERLY ANNEXATION AGREEMENT WITH TOWNSHIPS WITH RECOMMENDATION FROM PLANNING COMMISSION Motion was made by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously to refer the agreement to the City Attorney. (j) CONSIDERATION OF AUTHORIZATION TO EXECUTE WEST RIVER PARK GRANT, PHASE IV Parks and Recreation Director Bruce Ericson presented a report on West River Park grants. Following discussion, approval to execute park grant was given on a motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. (k) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH GRANT FOR EXERCISE•; TRAIL AT ROBERTS PARK Parks and Recreation Director Ericson reported that grants from Aid Association for Lutherans and Wells Fargo will provide 100 percent funding for this project. Authorization to proceed was given, contingent upon the Wells Fargo assistance, on a motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. (1) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH GRANT FOR PLAYGROUND EQUIPMENT AT NORTH PARK Parks and Recreation Director Ericson reported that Aid Association for Lutherans and other organizations will provide assistance with this project. Authorization to proceed was given on a motion by Alderman Beatty, seconded by Alderman Carls, and carried unanimously. (m) CONSIDERATION OF NEW WOOD SALE PERMIT SYSTEM COUNCIL MINUTES JUNE 28, 1983 City Forester Mark Schnobrich reviewed the proposed new wood sale permit system. After discussion, the new system was approved on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. (n) CONSIDERATION OF PENSION INCREASE FOR HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION Eric Smith and Gary Henke of the Fire Relief Association presented the request for the pension increase for retired members, to be effective July 1, 1983. Request was approved on a motion by Alderman Gruenhagen, seconded by Alderman Mlinar and carried unanimously. (o) CONSIDERATION OF RECOMMENDATION OF PUBLIC FACILITIES TASK FORCE/ PUBLIC BUILDINGS SUBCOMMITTEE TO SELECT A SITE OF OLD FIRE STATION AND ADJACENT LAND TO SOUTH FOR POLICE STATION AND TO NEGOTIATE PURCHASE OPTION SOUTH OF FIRE STATION City Administrator Plotz reported on the recent meeting of the subcommittee at which this recommendation was developed. Approval for selecting this site and negotiating a purchase option for the land adjoining was given on a motion by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously. (p) CONSIDERATION OF AUTHORIZING APPRAISAL OF PROPOSED POLICE STATION ADDITION ADJACENT TO OLD FIRE STATION Appraisal was authorized on a motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. (q) CONSIDERATION OF EQUIPMENT FOR SEWAGE PLANT Maintenance Director Ralph Neumann reported the need for this equipment to comply with PCA standards for testing. Purchase was approved on a motion by Alderman Mlinar, seconded by Alderman Gruenhagen and carried unanimously. (r) CONSIDERATION OF PUBLIC HEARING NOTICES RECEIVED FROM COUNTY The Planning Commission referred request for conditional use permit for William H. Arndt and Duinick Bros. & Gilchrist for gravel excavation in McLeod County, per the public hearing process. Planning Commission recommended to approve requests. Request was approved on a motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously. (s) CONSIDERATION OF DRAINAGE DITCH LOCATED ON WEST SIDE OF AIRPORT -7- COUNCIL MINUTES JUNE 28, 1983 Paul Martens spoke requesting the drainage ditch which serves his property as well as city and airport drainage be cleaned out. Philip Plaisance spoke objecting to deepening the ditch which also runs into his land, or taking restrictors out,•since this would cause too heavy a flow through his property. Maintenance Director Neumann stated that he had looked over the ditch last winter and began cutting some trees, but discontinued the work due to questions that arose. City Engineer Priebe explained that part of the runoff from the Hutch Mall shopping center drains south via a tile system to the ditch, and part is in the southwest storm sewer district. Some work has been done in cleaning out the ditch, but it is not clear whether this should be considered a creek, private ditch, or otherwise;-, and whether or not the DNR must be involved in any changes. The matter was referred to the City Engineer to determine the legal status and to make cost estimates on ditch improvements on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. (t) CONSIDERATION OF RENEWAL FOR GROUP HEALTH INSURANCE (PRESENTATION BY DWIGHT TANGE) Mr. Tange reported that the city's loss experience for the past several years has been very high. He therefore felt that the 17.3% increase proposed by Blue Cross/Blue Shield was fair and recommended acceptance of the proposal of the Madsen Agency. Renewal was approved on a motion by Alderman Mlinar, seconded by Alderman Gruenhagen and carried unanimously. (u) UPDATE BY INSURANCE CONSULTANT ON BIDDING GRODP DENTAL, LONG TERM DISABILITY AND LIFE INSURANCE Mr. Tange stated that the group dental specifications were prepared on the basis of benefits paid on the "usual and customary basis" rather than the outdated unit factor basis; therefore to anticipate a substantial inarease in premiums of up to 500. Mr. Tange reported that the bid opening for the three insurance coverages will be held on July 19, 1983. (v) CONSIDERATION OF RENEWAL OF QUOTATION FOR HOSPITAL AND NURSING HOME MALPRACTICE INSURANCE Mr. Tange recommended the proposal of the St. Paul Companies for malpractice insurance be accepted. This was approved on a motion by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously. COUNCIL MINUTES JUNE 28, 1983 (w) CONSIDERATION OF RECOMMENDATION BY HOSPITAL ADMINISTRATOR CONCERNING RELOCATION AND PURCHASE OF REPLACEMENT FACILITY TO OPERATE THRIFT SHOP (PRESENTATION BY PHIL GRAVES AND DORIE JOHNSON) Mr. Graves and Mrs. Johnson reported that the Thrift Shop site had been destroyed by the tornado of June 13, 1983. The Hospital Auxiliary has a sufficient fund balance to justify purchasing their own property rather than to continue renting. Proceeds from Thrift Shop sales have provided sizeable donations to the hospital over the years. City Attorney Schaefer stated that the Hospital Auxiliary may make such a purchase with Council approval. Alderman Beatty made a motion to approve purchase of a building on Main Street for not more than $50,000, contingent upon approval by the Hospital Board. Motion was seconded by Alderman Mlinar. Alderman Beatty, Mlinar, Carls and Mayor DeMeyer voted aye. Alderman Gruenhagen abstained. Motion carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the Burlington Northern Task Force. meetings. (b) COMMUNICATIONS FROM CITY ENGINEER a recent organizational meeting of He reviewed dates of various future City Engineer Priebe requested authorization to take bids for an S-type curb on Franklin Street. Request was approved on a motion by Alderman Gruenhagen, seconded by Alder- man Mlinar and carried unanimously. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer requested authorization for Gary Plotz to sign a document relating to sale of Hecht Associates and Developers Diversified properties. Approval was granted on a motion by Alderman Mlinar, seconded by Alderman Gruenhagen and carried unanimously. (d) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls recommended the city establish a resource library for future use of Council members. He recommended purchase of several tapes and sur- vey materials at this time. Approval for purchase was granted on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. COUNCIL MINUTES JUNE 28, 1983 (d) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar recommended a meeting to review the concerns expressed at the recent public hearing on street maintenance assessments. A Council workshop date was set for Monday, July 18, at 6:00 P.M. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Payment was authorized on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 12:10 A.M. -10-