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05-24-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 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 Kenneth Gruen- hagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Ad- ministrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Gary Brooks. 3. MINUTES The minutes of the bid openings of May 4, 1983 and May 12, 1983 were approved as presented and the minutes of the regular meeting of May 10, 1983 as amended upon motion by Alderman Carls, seconded by Alderman Beatty and approved unani- mously. 4. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT HEARING 1. LETTING NO. 2 The City Engineer reported briefly on the proposed projects 83-01-5, 83-01-6, 83-01-7, 83-01-8, 83-01-9, 83-01-10, and 83-01-18. There being no one present to be heard, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to close the hearing at 8:04 P.M. Motion unanimously carried. Alderman Beatty moved to waive readings and adopt Resolutions No. 7412 through No. 7417 and No. 7419 entitled Resolution Approving Assessment Roll (Rolls No. 158-163 and No. 165). Seconded by Alderman Mlinar and carried unanimously. 2. PROJECT 83-01-15 City Engineer Priebe reported on project 83-01-15. It was pointed out that although the project would remain the same, there would be a reduction in the assessment for curb and gutter based on the new assessment policy adopt- ed after the hearing notices were mailed out. A second hearing would not be required since the assessment amount would be decreased rather than increased. Mr. Irvin Burich, Citizens Bank & Trust Co., raised several questions regard- ing the project and clarification of the method used for assessment. He —91 COUNCIL MINUTES MAY 24, 1983 also questioned the assessment on the long side of the Old Armory property. Mr. Burich commented he was not at the hearing to complain since he was not opposed to the project. It was moved by Alderman Beatty to close the hearing at 8:25 P.M. Motion seconded by Alderman Carls and approved unanimously. City Engineer Priebe commented that the statement in the letter received from Braun's, Inc. was not correct. The property owner had not been assessed for sidewalk on First Avenue inasmuch as the proposed project was never car- ried through. Alderman Beatty moved to waive reading and adopt Resolution No. 7418 en- titled Resolution Adopting Assessment Roll No. 164, as amended. Seconded by Alderman Gruenhagen and unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENT OF JOSEPH C. DANSEREAU, JR. TO POLICE CIVIL SERVICE COMMISSION The motion was made by Alderman Beatty, seconded by Alderman Mlinar, to ratify the appointment of Joseph C. Dansereau, Jr. to the Police Civil Serv- ice Commission. Motion approved unanimously. (b) CONSIDERATION OF REQUEST FOR STREET LIGHTS ON BOULDER STREET AND PARKERS POINT, CUL DE SAC City Engineer Priebe stated there was no recorded street known as "Parkers Point" and suggested the owner be contacted to clarify the area being dis- cussed. The correct platted names are Boulder Circle and Boulder Street. Alderman Beatty moved to request the utilities to review the request on Boulder Circle and Boulder Street. Motion seconded by Alderman Mlinar and carried unanimously. (c) DISCUSSION OF ONE-WAY ALLEYS IN DOWNTOWN AREA (REQUESTED BY ALDERMAN BEATTY) Alderman Beatty commented on the congestion in various alleys downtown and inquired about the Council's thinking on one-way alleys in the downtown dis- trict. This idea had been addressed previously. He further pointed out that in the University of Minnesota architectural plan for downtown renovation project, it showed one-way alleys, with some closed off. Mayor DeMeyer suggested conducting a survey of property owners in the down- town area to determine their thoughts on this matter. -2- COUNCIL MINUTES MAY 24, 1983 Following discussion, the motion was made by Alderman Beatty to instruct City staff to send an inquiry to property owners abutting alleys located east and west of Main Street to determine their feelings about one-way alleys, with continued discussion at the June 28 City Council meeting. Seconded by Alderman Mlinar, the motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR PARADE PERMIT FOR ANNUAL MEMORIAL DAY PARADE After discussion, Alderman Carls moved to waive the permit fee and issue a parade permit. Motion seconded by Alderman Gruenhagen and unanimously approved. (e) CONSIDERATION OF APPLICATION FOR DANCE PERMIT BY T. L. SCALAWAGS The T. L. Scalawags requested permission to conduct a public dance in their parking lot on June 19, 1983. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the application and issue dance permit. Motion ap- proved unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7396 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Beatty, to'e.dopt Resolution No. 7396. Motion unanimously carried. (b) ORDINANCE NO. 10/83 - ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED TIME LIMIT, PARKING ZONES City Attorney Schaefer presented the first reading of Ordinance No. 10/83. After considerable discussion, Alderman Carls moved to accept the first read- ing of Ordinance No. 10/83 and set the second reading for June 14, 1983. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Carls and Mayor DeMeyer voting aye and Aldermen Beatty and Mlinar voting nay. (c) RESOLUTION NO. 7405 - RESOLUTION OF APPRECIATION TO MARGARET KNUTSON Mayor DeMeyer presented the Resolution of Appreciation to Margaret Knutson. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to adopt Resolution No. 7405. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL STATEMENT - APRIL 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED APRIL 19, 1983 -3- COUNCIL MINUTES MAY 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SURFACE IMPROVEMENT, STORM SEWER AND SANITARY SEWER FOR OAKWOOD LANE IN OAKWOOD ADDITION (DEFERRED MAY 10, 1983) Mayor DeMeyer stated the public hearing on the improvement project had been closed at the May 10, 1983 Council meeting, but action was deferred until there was an entire Council present to reach a decision. After considerable discussion, the motion was made by Alderman Carls to instruct City Engineer Priebe to prepare a report on the improvement, in- cluding sanitary sewer, storm sewer, and street construction, and to set the public hearing for June 28, 1983. Motion seconded by Alderman Beatty and unanimously carried. It was moved by Alderman Carls, seconded by Alderman Beatty, to waive read- ing and adopt Resolution No. 7406 entitled Resolution Ordering Preparation of Report on Improvement. Motion approved unanimously. Alderman Carls made the motion to waive reading and adopt Resolution No. 7407 entitled Resolution Receiving Report and Calling Hearing On Improvement. Motion seconded by Alderman Beatty and carried unanimously. (b) CONSIDERATION OF AWARDING BID FOR 1983 STREET DEPARTMENT MAINTENANCE MATERIALS (DEFERRED MAY 12, 1983) Following discussion, the motion was made by Alderman Beatty to approve and award the bid to Koch Asphalt Company in the amount of $30,870.00. Motion seconded by Alderman Mlinar and unanimously approved. (c) CONSIDERATION OF REQUEST BY LARRY SORENSON TO MOVE SECURITY FENCE It was reported that Larry Sorenson had requested permission to move the security fence to the outside of the parking area and to blacktop the boule- vard he was granted permission to use in 1975. The Planning Commission had granted approval to the request. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve the request by Larry Sorenson. Motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS No one was present"to request an extension of the payment period. It was moved by Alderman Carls to authorize discontinuation of service on Monday, May 31, 1983 at 12:00 noon, unless otherwise stated. Motion seconded by Alderman Beatty and approved unanimously. -4- COUNCIL MINUTES MAY 24, 1983 (b) CONSIDERATION OF RECOMMENDATIONS OF RISK CONTROL, INC. ON BIDDING GROUP DENTAL AND GROUP LIFE INSURANCE It was the recommendation of the insurance consulting firm, Risk Control, Inc., that the City of Hutchinson seek competitive bids for group dental and group life insurance. Alderman Carls moved to approve and authorize the preparation of specifica- tions and establishing a bid opening date. Motion seconded by Alderman Mlinar. Alderman Carls amended his motion to include advertising for group long-term disability insurance. Alderman Mlinar seconded the amendment, and the motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CROW RIVER GLASS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Crow River Glass, Inc. requested a conditional use permit to allow the oper- ation of a glass business located in an IC -1 zone and in the flood fringe area. Two contingencies were recommended by the Planning Commission. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to approve and waive reading and adopt Resolution No. 7397 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow A Glass Business In An IC -1 Zone Located In Flood Fringe Area, with contingencies. Motion approved unani- mously. (d) CONSIDERATION OF REQUEST FOR VARIANCES) SUBMITTED BY ANCHER NELSON AND CLIFF POPP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Messrs. Ancher Nelsen and Cliff Popp requested variances for the reduction of sideline setback, rearline setback and frontline setback for construction of a duplex and two -car garage. After discussion, Alderman Mlinar moved to approve the variances. Motion seconded by Alderman Beatty and carried unanimously. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive read- ing and adopt Resolution No. 7398 entitled Resolution Granting V ariance(s) From Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Reduction of Sideline Setback, Rearline Setback and Frontline Setback. Motion unani- mously approved. (e) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HUTCH S & L REHAB, LIMITED PARTNERSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A request was made that the S & L Rehab be granted a variance to allow the installation of awnings/flags which would extend 12 feet over the sidewalk on the north side of the building located at 101 Main Street South. -5- COUNCIL MINUTES MAY 24, 1983 Following discussion, the motion was made by Alderman Carls to approve the variance. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Carls, seconded by Alderman Beatty, to waive read- ing and adopt Resolution No. 7399 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Installation of Awnings/Flags That Extend Over Sidewalk On North Side of Building. Motion approved unanimously. (f) CONSIDERATION OF REQUEST FOR REZONING SUBMITTED BY KENNETH GRUENHAGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Kenneth Gruenhagen requested rezoning from R-2 to C-4 for property lo- cated at 125 Water Street. After discussion, the motion was made by Alderman Mlinar to waive the first reading of Ordinance No. 9/83 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map and set the second reading for June 14, 1983. Motion seconded by Alderman Beatty and carried, with Alderman Gruenhagen abstaining from voting. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY KENNETH GRUENHAGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES A request was made by Mr. Kenneth Gruenhagen for a conditional use permit to allow the construction of a warehouse and storage operation on property located at 125 Water Street. Following discussion, Alderman Carls moved to approve and waive reading and adopt Resolution No. 7400 entitled Resolution Granting Conditional Use Per- mit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construc- tion of Warehouse and Storage Operation In C-4 District, with contingencies. Motion seconded by Alderman Mlinar and carried, with Alderman Gruenhagen ab- staining from voting. (h) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY KENNETH GRUENHAGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Application was made by Mr. Kenneth Gruenhagen for variance(s) to allow the reduction of setbacks on the north side and east side of the property located at 125 Water Street. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve and waive reading and adopt Resolution No. 7401 entitled Resolution Granting Variance(s) from Section 6.07, C.5 of the Zoning Ordi- nance No. 464 to Allow Reduction of Setback On North Side And East Side of Property. Motion carried, with Alderman Gruenhagen abstaining from voting. ME COUNCIL MINUTES MAY 24, 1983 (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCH AGRI-TECH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Hutch Agri -Tech made application for a conditional use permit to allow the operation of a soap manufacturing business in an IC -1 zone located in the flood fringe area at 15 Monroe Street. Following discussion, the motion was made by Alderman Beatty to approve and waive reading and adopt Resolution No. 7402 entitled Resolution Granting Con- ditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Soap Manufacturing Business In IC -1 Zone In Flood Fringe Area, with contingencies.' Motion -seconded by.'Aldermah Gruenhagen and unanimously carried. (j) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY DOUGLAS AND SHARON WULKAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The application for a variance was made to allow the reduction of a sideyard setback on the property located at 736 Glen Street. After discussion, Alderman Carls moved to approve and waive reading and adopt Resolution No. 7403 entitled Resolution Granting Variance from Section 6.07, C.5 of the Zoning Ordinance No. 464 to Allow Reduction of Sideyard Set- back. Motion seconded by Alderman Beatty and approved unanimously. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY SWANKE MOTORS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Swanke Motors requested a conditional use permit to allow moving in a sales office to the center of the car lot. Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to approve and waive reading and adopt Resolution No. 7404 en- titled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Moving In A Sales Office On Car Dealer Lot. Motion unanimously approved. (1) CONSIDERATION OF FINAL PLAT FOR WOOD VIEW ACRES SUBMITTED BY DENNIS ALBERTSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the Wood View Acres final plat was located within the two- mile radius of the City limits. After discussion, the motion was made by Alderman Beatty to approve the final plat. Motion seconded by Alderman Gruenhagen and carried unanimously. (m) REVIEW OF SKETCH PLAN FOR WALLY TEICH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION -7- COUNCIL MINUTES MAY 24, 1983 The Wally Teich sketch plan was within the two-mile radius of the City. Following discussion, Alderman Mlinar moved to approve the sketch plan. Motion seconded by Alderman Beatty and approved unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported he had forwarded to the City Council a copy of a letter received from the Adventist Health System in which they expressed an interest in leasing the Burns Manor Nursing Home. Alderman Carls commented that the Nursing Home Board had passed a resolu- tion stating the nursing home was not for lease or sale and requested the City to adopt a similar resolution. After discussion, the motion was made by Alderman Carls, seconded by Alder- man Mlinar, to adopt Resolution No. 7420 entitled Resolution Relating to Sale And/Or Lease Of Burns Manor Nursing Home. Motion carried unanimously. Mr. Plotz stated the appraisals had been received for the old fire hall and parcels of City -owned property. He further reported the public hearing for airport zoning would be held May 25, 1983,and the Public Buildings Sub -Com- mittee of the Task Force would also meet on May 25. A report was given on the meeting held with Mr. Pat Smith, owner of the Cameo Cleaners. Also, mention was made of the memorandum from Attorney Jim Schaefer regarding the Charter Commission and its function. The Com- missioners are appointed every four years, whether the group is active or not. A concerned citizen has questioned the operation of the utilities and expressed the need for a referendum to change the Charter. (b) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Ralph Neumann reported 3M had contacted the City with a request to rent City equipment to do clean-up work at their plant. There were no com- mercial businesses with large equipment available. The work would be done on a weekend, and several City employees had. volunteered to operate the equipment. Following discussion, it was moved by Alderman Carls, seconded by Alderman Beatty, to grant permission for one-time use of City equipment by 3M. Mo- tion unanimously approved. Mr. Neumann inquired if any maintenance work should be done on some of the streets along the parade route of the Water Carnival. Several of the areas are pending improvement hearings. im COUNCIL MINUTES MAY 24, 1983 Following discussion, the motion was made by Alderman Mlinar to authorize the Street Department to repair at minimal cost the streets along the parade route to prevent injury, using discretion of which streets to repair. Motion seconded by Alderman Carls and unanimously,carried. (c) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney called the Council's attention to the abandoned property of John McLaughlin located at 136 Huron Street. The heirs are all deceased, and no one has a large enough share to maintain the property. Attorney Schaefer requested permission to publish an order to remove or repair the property. In the event the heirs did not respond, the City could legally proceed to remove or repair the property and charge the costs back to the assessment on the property. He pointed out the taxes have not been paid, and the property will soon be sold for back taxes. Alderman Beatty moved to authorize the City Attorney to proceed with an order on the McLaughlin property. Motion seconded by Alderman Gruenhagen and car- ried unanimously. (d) COMMUNICATIONS FROM ALDERMAN TED BEATTY Alderman Beatty inquired about the deferred rulings of one item from the May 10, 1983 Council meeting and two items from the April 26, 1983 meeting. City Attorney Schaefer stated a report would be given at the next Council meeting. 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 carried, with Mayor DeMeyer abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:50 P.M. upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried.