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05-10-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 10, 1983 1. The Mayor called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman Kenneth Gruenhagen, and Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman John Mlinar. Also present: City Ad- ministrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the bid openings of April 25, 1983 and regular meeting of April 26, 1983 were approved as presented upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) SURFACE IMPROVEMENT OF OAKWOOD LANE IN OAKWOOD ADDITION (CONTINUED FROM APRIL 26, 1983) The public hearing reconvened at 8:10 P.M. to continue discussion of im- provements forOakwood Lane. City Engineer Priebe presented a cost report for sanitary sewer, storm sewer and street construction. He further re- ported the projects would be spread over a three year period. Mr. Ward Haugen stated the property owners were favorable of the proposed work, and they wanted the project to move ahead. The only solution for the water problem would be a new storm sewer in the area. Mr. HaXughi! pointed out the property had been annexed into the City limits at the time of de- velopment, but up until now the City had not provided any services, except for City water and utilities. Following discussion, Alderman Gruenhagen moved to close the hearing at 8:40 P.M. Motion seconded by Alderman Beatty and approved unanimously. The motion was made by Alderman Carls, seconded by Alderman Gruenhagen, to defer action until the next Council meeting. The motion carried, with Ald- ermen Gruenhagen and Carls and Mayor DeMeyer voting aye and Aderman Beatty voting nay. (b) CORRECTION OF ERROR ON PARKING ASSESSMENT FOR CAROLINE ANDERSON, DBA CAROLINE'S BEAUTY SHOP COUNCIL MINUTES MAY 10, 1983 It was moved by Alderman Beatty to close the hearing at 8:42 P.M. Motion seconded by Alderman Carls and unanimously carried. The Mayor explained that prior to adoption of the assessment roll, the homestead information was not known by the City. Therefore, it will be necessary to correct the error in the parking assessment for Caroline's Beauty Shop. He then instructed the City Attorney to research whether a majority vote was required on this issue. Caroline Anderson commented the Assessor's Office had on record that 55% of her property was homesteaded. Alderman Gruenhagen moved to waive reading and adopt Resolution No. 7395 entitled Resolution Revising Parking Assessment for Caroline's Beauty Shop. The motion was seconded by Alderman Beatty and carried, subject to the City Attorney's review, with Aldermen Gruenhagen, Beatty and Carls voting aye and Mayor DeMeyer voting nay. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENT OF SHU-MEI HWANG TO PLANNING COMMISSION Mayor DeMeyer reported that Jim Johnson had resigned from the Planning Com- mission, and it was his recommendation to appoint Shu -Mei Hwang to the Plan- ning Commission. It was moved by Alderman Beatty, seconded by Alderman Carls, to ratify the appointment. Motion carried unanimously. (b) DISCUSSION OF BURLINGTON NORTHERN RAILROAD ABANDONMENT OF SERVICES TO HUTCHINSON (REQUESTED BY ALDERMAN KENNETH GRUENHAGEN) Alderman Gruenhagen stated it had been brought to his attention the Burling- ton Northern Railroad had placed Hutchinson on a classification list for abandonment of services. Messrs. Ray Zimmerman and Julius Rainwater appeared before the Council to report on meetings and events with the Burlington Northern during the past two to three years. The users of the rail line are located between Hutchin- son and Spring Lake Park, with Tonka Toys formerly one of the users. The users recently developed a five-year plan to justify the need for a connec- tor track, but the railroad abandoned the bridge over the Crow River. It was pointed out that the loss of a railroad could affect the economy of the community and future development of industry. Mr. Zimmerman and Rainwater expressed interest in forming an association of users, and it was requested that the Council give support to this task force in its effort to save the railroad line. dAS COUNCIL MINUTES MAY 10, 1983 Following extensive discussion, it was moved by Alderman Beatty that a Council member and/or City staff participate with the association in their venture with the Burlington Northern. Motion seconded by Alderman Gruen- hagen and unanimously carried. Alderman Carls moved to form a joint venture with the Chamber of Commerce and shippers in Hutchinson to implement a meeting advising the Burlington Northern representatives that a task force is being formed and request they not make a decision until this matter has been reviewed with the task force. Motion seconded by Alderman Beatty and approved unanimously. (c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE CHARGE BY ARTHUR MILLER After discussion, Alderman Beatty moved to approve the reduced rate. Mo- tion seconded by Alderman Gruenhagen and carried unanimously. (d) PETITION OF COMPLAINT AGAINST FOUL AIR Mayor DeMeyer reported he had received a petition of complaint about the foul air hovering over Hutchinson. Several of the petitioners were present and verbally reiterated their com- plaint regarding the foul air. It was their opinion that the odor was com- ing from the Pure Culture Products plant. Following discussion, City Engineer Priebe was instructed to research the matter with the State P.C.A. and Health Department and report back to the Council any findings. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 6/83 - AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE It was moved by Alderman Carls, seconded by Alderman Beatty, to waive the second reading and adopt Ordinance No. 662. Motion unanimously approved. (b) ORDINANCE NO. 7/83 - ORDINANCE AMENDING SECTION 520 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED BUILDING PERMIT FEES The motion was made by Alderman Gruenhagen to waive second reading and adopt Ordinance No. 663. The motion was seconded by Alderman Beatty and carried unanimously. (c) ORDINANCE NO. 8/83 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING'REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP -3- COUNCIL MINUTES MAY 10, 1983 Alderman Beatty made the motion to waive the second reading and adopt Ordi- nance No. 664. Motion seconded by Alderman Gruenhagen and unanimously car- ried. (d) RESOLUTION NO. 7389 - RESOLUTION OF APPRECIATION FOR WENDELL MATHEWS Mayor DeMeyer read Resolution No. 7389. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen,to adopt Resolution No. 7389. Motion ap- proved unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S REPORT - APRIL 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF LIBRARY BOARD DATED MAY 2, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF HOSPITAL BOARD DATED MARCH 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF NURSING HOME BOARD DATED MARCH 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 SALE OF CITY -OWNED GARAGE OF BRETZKE PROPERTY (REQUESTED BY ALDERMAN MIKE CARLS) Alderman Carls reviewed the fact that three bids had been received for the Bretzke garage and were rejected. It was his opiniom that this property should be sold and suggested putting it up for re -bid. Following discussion, it was moved by Alderman Carts to advertise for bids to sell the City -owned garage at the Bretzke site. Seconded by Alderman Gruenhagen, the motion carried, with Aldermen Gruenhagen,Carls and Mayor DeMeyer voting aye and Alderman Beatty voting nay. -4- COUNCIL MINUTES MAY 10, 1983 The City Engineer pointed out that any prospective bidder should be aware of and know any restrictions on the building. It was suggested that the proposed use of the building by the bidder and the City requirements by the Building Official should be in writing prior to the bidding process. (b) CONSIDERATION OF SETTLEMENT OF SPECIAL ASSESSMENT APPEAL BY WALT KELLEY City Attorney Schaefer stated that at the City Council Workshop held the previous evening he had presented the general procedure regarding negotia- tions for settlements of lawsuits and the open meeting law. It was his recommendation that the negotiations on assessment appeals be handled in closed session. The procedure for a closed hearing would be to either schedule discussions before or after a regular Council meeting or to hold a special Council meeting. A taped recording would be made of the discus- sion. After discussion, it was the general consensus of the Council that it would be improper to hold a "closed meeting." Alderman Carls moved to defer con- sideration of this item at this time until the next Council meeting. Motion seconded by Alderman Gruenhagen. Upon roll call the motion failed, with Alder- men Gruenhagen and Carls voting aye and Alderman Beatty and Mayor DeMeyer vot- ing nay. Alderman Beatty moved to reject the 60% settlement offer by Walt Kelley and re -state the City's offer of 66% settlement of his assessment. The motion was seconded by Alderman Carls, with the roll call vote of Aldermen Beatty and Carls voting aye and Alderman Gruenhagen and Mayor DeMeyer voting nay. The motion failed. (c) CONSIDERATION OF AWARDING BIDS FOR: 1. LETTING NO. 1 City Engineer Priebe reported two bids were received for Letting No. 1; however, Channel Construction Co., the low bidder, did not submit the re- quired 10% bid bond. The second bid was in the amount of $37,997.50. It was the consensus of the Council that the low bidder had not met the re- quirements, and his bid was unacceptable. Following discussion, Alderman Gruenhagen moved to award the bid for Letting No. 1 to Juul Contracting Co. The motion was seconded by Alderman Beatty and unanimously carried. RECESS: The motion was made by Alderman Carls, seconded by Alderman Gruenhagen, to adjourn for recess at 9:45 P.M. The motion carried. The meeting reconvened at 9:55 P.M. 2. PROJECT 83-01-19 -5- COUNCIL MINUTES MAY 10, 1983 The City Engineer reported on the project and the bids received. It was his recommendation to award the bid to Burress Construction Co., Inc., the low bidder. Alderman Beatty moved to award the bid for Project 83-01-19 to Burress Con- struction Co., Inc. in the amount of $44,936.00. Motion seconded by Alder- man Gruenhagen and unanimously approved. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive readings and adopt Resolutions No. 7391 and No. 7392 entitled Resolution Accepting Bid and Awarding Contract. Motion carried unanimously. (d) CONSIDERATION OF ENGINEER'S REPORT ON STREET MAINTENANCE A report was presented by the City Engineer regarding maintenance improve- ments for City streets. Mr. Priebe recommended changing the public hearing date from June 7, 1983,as stated in the Resolution. After discussion, the motion was made by Alderman Beatty to approve the En- gineer's report. Alderman Carls seconded the motion, and it was unanimously approved. Alderman Beatty moved to waive reading and adopt Resolution No. 7388, en- titled Resolution Receiving Report And Calling Hearing On Improvement, with the date of the public hearing on June 27, 1983 at a location to be desig- nated. Motion seconded by Alderman Carls. The motion was amended by Ald- erman Beatty, seconded by Alderman Carls, to set the time for 7:30 P.M. The motion carried unanimously to amend the motion. The motion unanimously car- ried. (e) CONSIDERATION OF ENGINEER'S REPORT ON STREET IMPROVEMENT PROJECT City Engineer Priebe reported on the roadway conditions and the maintenance repairs that need to be done. He further recommended a watermain be con- structed on Linden Avenue, Miller Avenue, and Milwaukee Avenue between Grove Street and Franklin Street, at an estimated cost of $30,000.00. The total estimated project cost would be $758,000.00. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to approve the Engineer's report as amended to include, construction of a watermadn. Motion approved unanimously. It was moved by Alderman Carls to waive reading and adopt amended Resolu- tion No. 7387 entitled Resolution Receiving Report And Calling Hearing On Improvement, with the public hearing scheduled for May 31, 1983 at 7:30 P.M. Motion seconded by Alderman Gruenhagen and carried unanimously. COUNCIL MINUTES MAY 10, 1983 (f) CONSIDERATION OF AWARDING BID FOR CONSTRUCTION OF BRETZKE PARKING LOT (DEFERRED MAY 4, 1983) The City Engineer stated two bids were received for the improvement of the north 66 feet of the Bretzke property for off-street parking. It was his recommendation to award the bid to J. W. Hanson Construction Co. in the amount of $7,358.00 for Proposal B. After discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to approve and award the contract to J. W. Hanson Construc- tion Co. Motion carried with Aldermen Gruenhagen, Beatty and Carls voting aye and Mayor DeMeyer voting nay. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 7393 entitled Resolution Accepting Bid and Awarding Contract. Motion sec- onded by Alderman Carls and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Mayor DeMeyer voting nay. (g) CONSIDERATION OF AWARDING BID FOR MAINTENANCE OF SOUTH PARK WATER TOWER Engineer Priebe reported on the bids received for maintenance work on the South Park Water Tower. He recommended awarding the bid to Mid-America Pipe Cleaning in the amount of $10,760.00. Following discussion, Alderman Carls moved to approve and award the contract to Mid-America Pipe Cleaning. Motion seconded by Alderman Gruenhagen and approved unanimously. The motion was made by Alderman Carls, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7394 entitled Resolution Acceptit.g Bid and Awarding Contract. Motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF ACCEPTING CONVEYANCE OF HUTCHINSON BASS POND FROM DEPARTMENT OF NATURAL RESOURCES City Administrator Plotz commented that about two years ago the City began the process of securing the bass pond from the Department of Natural Re- sources. The transfer of ownership went through the State Legislature for approval, and now the State is requesting a Resolution from the City to ac- cept the conveyance. After discussion, Alderman Carls moved to approve the conveyance from the Minnesota Department of Natural Resources. Motion seconded by Alderman Beatty and approved unanimously. It was moved by Alderman Beatty, seconded by Alderman Carls, to waive read- ing and adopt Resolution No. 7390 entitled Resolution Accepting Conveyance -7- COUNCIL MINUTES MAY 10, 1983 of Land from the Department of Natural Resources to the City of Hutchinson. Motion carried unanimously. (b) CONSIDERATION OF "LIMITED TIME," PARKING SIGN FOR MEAT 'N CHEESE SHOPPE Pat and Roger Sondergaard, operators of the Meat 'N Cheese Shoppe, appeared before the Council to address a parking problem in front of their business establishment. At present they have a temporary, unauthorized sign request- ing limited parking. During discussion, it was pointed out that a 15 -minute parking sign in an undesignated area could not be enforced; however, the area could be made a 15 -minute parking zone. The business is located in the central business district that is currently unregulated for restricted parking. The motion was made by Alderman Gruenhagen that the City Attorney be in- structed to draft an ordinance for a six-month trial period for 15 -minute parking for the Meat 'N Cheese Shoppe. Motion seconded by Alderman Carls and carried, with Aldermen Gruenhagen and Carls and Mayor DeMeyer voting aye and Alderman Beatty voting nay. Mr. Mike Jaster, operator of Washington Avenue Wash, informed the Council he had a similar parking problem with his laundromat. There are five stalls on the west side of the laundromat designated for customer parking from 6:00 A.M. to 10:00 P.M.; however, they are used by Elks patrons. City Attorney Schaefer stated the City cannot designate parking for a cer- tain business only, but it can designate specific parking time limit at a certain location. After discussion, it was moved by Alderman gruenhagen for the City Attorney to draft an ordinance to designate five stalls on Jefferson Street as two hour parking from 6:00 A.M. to 10:00 P.M. for a six-month trial period, not patroled by the City. Motion seconded by Alderman Carls and carried, with Aldermen Gruenhagen and Carls and Mayor DeMeyer voting aye and Alderman Beatty voting nay. (c) CONSIDERATION OF PROPOSED AGREEMENT MERGING OPERATION OF CROW RIVER REGIONAL LIBRARY AND WESTERN PLAINS LIBRARY SYSTEM The proposed agreement would merge the operation of the Crow River Regional Library and the Western Plains Library System into one library system, ef- fective July 1, 1983. Following discussion, Alderman Beatty moved to approve the merger and auth- orize signing the Agreement for Regional Library Service. Motion seconded by Alderman Gruenhagen and unanimously carried. COUNCIL MINUTES MAY 10, 1983 (d) CONSIDERATION OF LOCATION OF TRANSFORMER PAD ON TEMPLE LODGE PROPERTY City Engineer Priebe reported that he had met with the Utilities regard- ing a transformer in the Masonic Temple parking lot. It was his recommen- dation to approve the location of the transformer pad in the southwest cor- ner of the property. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Carls, to approve the location of the transformer pad. Motion unani- mously approved. Alderman Carts inquired if it would be possible to save some of the trees when the parking lot is made at the Temple Lodge site. City Engineer Priebe stated he would review the layout and report back to the Council in July. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FIRE MARSHAL Fire Marshal Field read a letter from Senator John Bernhagen which addressed the Good Samaritan Law under consideration by the Senate and House of Repre- sentatives. The Fire Department had concerns regarding the proposed changes of the law and felt the Legislators should be contacted. (b) COMMUNICATIONS FROM FIRE CHIEF Fire Chief Henke reported on the need for additional emergency lighting at the Fire Station. Three bids had been received, and it was his recommenda- tion to award the work to Dave Fosland in the amount of $1,263.37. The motion was made by Alderman Beatty to award the work to the low bidder, Dave Fosland. Motion seconded by Alderman Gruenhagen and carried unanimously. (c) COMMUNICATIONS FROM BUILDING OFFICIAL Building Official Pittman stated the Pizza Hut manager had requested to extend the allowed time for a temporary sign from 30 days to 60 days, from May 11 to July 11, 1983. It was moved by Alderman Beatty, seconded by Alderman Carls, to approve the request. Motion approved unanimously. (d) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty commented he had received complaints about the television satellite dish located in a front yard on Main Street South. (e) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN COUNCIL MINUTES MAY 10, 1983 Alderman Gruenhagen requested the Council members to continue to encourage and support the Burlington Northern Railroad issue referred to earlier in the 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 Gruenhagen, seconded by Alderman Beatty, and unani- mously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:15 P.M. upon motion by Alderman Beatty, seconded by'Alderman Carls, and unanimously approved. _ -10-