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03-08-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 8, 1983 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, 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 pastor, there was a time of silent prayer. 3. MINUTES Following lengthy discussion, Alderman Beatty moved to approve the minutes of the special meeting of February 28, 1983 as presented and the minutes of the regular meeting of February 22, 1983 as amended under agenda item No. 5, first paragraph, with the addition of the names of Gayle Wick, Tom Stibal and Helga Nielson along with thatof Pat Mikulecky, with the last sentence in the paragraph to be struck from the minutes; and the addition of Chuck Nelson's comment on the liquor store under agenda item No. 8-e. Motion seconded by Alderman Gruen- hagen and carried unanimously. Attorney Schaefer stated he had provided Dr. Paul H. Cashman, professor at the University of Minnesota, with a copy of the letter in question received on Feb- ruary 14, 1983, and the protion of the city ordinance pertaining to communica- tion, requests and petitions. He then proceeded to read the letter received from Dr. Cashman, which stated his interpretation of communication as it related to the Council meeting of February 14, 1983. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY POLICE CHIEF TO ATTEND ANNUAL SPRING INSTITUTE MARCH 22-24, 1983 After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve attendance. Motion unanimously approved. (b) CONSIDERATION OF APPOINTMENTS TO NURSING HOME BOARD: 1. GLORIA DANSEREAU 2. KEITH DUEHN 00 COUNCIL MINUTES MARCH 8, 1983 Following discussion, the motion was made by Alderman Gruenhagen to ratify the appointments of Gloria Dansereau and Keith Duehn to the Nursing Home Board for another term. Motion seconded by Alderman Beatty and unanimously carried. (c) CONSIDERATION OF APPOINTMENTS TO LIBRARY BOARD: 1. RALPH W. BERGSTROM 2. PAUL ACKLAND 3. SALLY CONE After discussion, Alderman Mlinar moved to ratify the appointments of Ralph W. Bergstrom, Paul Ackland, and Sally Cone for another term on the Library Board. Seconded by Alderman Gruenhagen, the motion carried unanimously. (d) CONSIDERATION OF REQUEST BY POLICE CHIEF TO ATTEND DISASPER CONTROL SEMINAR MARCH 19, 1983 The motion was made by Alderman Carls, seconded by Alderman Mlinar, to ap- prove the Police Chief attending the Disaster Control Seminar. Motion unan- imously approved. (e) CONSIDERATION OF REQUEST BY PARKS AND RECREATION DIRECTOR AND RECREATION SUPERVISOR TO ATTEND MINNESOTA RECREATIONAL SPORTS FEDERATION ANNUAL CON- FERENCE MARCH 25-26, 1983 It was moved by Alderman Carls to approve the annual conference. Motion sec- onded by Alderman Gruenhagen and approved unanimously. (f) CONSIDERATION OF REQUEST BY DICK EBERT TO ATTEND ADVANCED WATER OPERATORS SCHOOL APRIL 26-28, 1983 The request to attend an advanced school was approved by Alderman Gruenhagen, seconded by Alderman Beatty, and unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7348 - RESOLUTION OF APPRECIATION - ROY CLABO Following reading of the Resolution, Alderman Beatty moved to adopt Resolu- tion No. 7348. Motion seconded by Alderman Gruenhagen and carried unani- mously. (b) RESOLUTION NO. 7349 - RESOLUTION OF APPRECIATION - REV. JOHN LONGLEY After reading of the Resolution, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to adopt Resolution No. 7349. Motion unanimously approved. -2- COUNCIL MINUTES MARCH 8, 1983 (c) RESOLUTION NO. 7350 - RESOLUTION FOR PURCHASE After discussion, the motion was made by Alderman Gruenhagen to approve the purchase and waive reading and adopt Resolution No. 7350. Motion seconded by Alderman Beatty and unanimously carried. (d) RESOLUTION NO. 7351 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST STATE FEDERAL SAVINGS AND LOAN ASSOCIATION OF HUTCHINSON, MN After discussion, Alderman Carls moved to waive reading and adopt Resolution No. 7351. Motion seconded by Alderman Gruenhagen and unanimously approved. (e) ORDINANCE NO. 3/83 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOTS 9 & 10, BLOCK 12, SOUTH HALF OF THE CITY OF HUTCHINSON City Attorney Schaefer stated the City Charter requires an Ordinance for the sale of city -owned property, and the proposed Ordinance No. 3/83 meets the requirement for the sale of the Old Armory. Following discussion, Alderman Gruenhagen made the motion to waive the first reading and set the second reading for March 22, 1983.for Ordinance No. 3/83. Motion seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. It was noted for the record that Mayor DeMeyer felt the Ordinance was after the fact, and the issue should be addressed from the beginning. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - FEBRUARY 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED JANUARY 20, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF HOSPITAL BOARD DATED JANUARY 18, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ARTHUR BENJAMIN SR. (DEFERRED FEBRUARY 22, 1983) -3- COUNCIL MINUTES MARCH 8, 1983 City Attorney Schaefer reported this item was withdrawn from the agenda inasmuch as Mr. Benjamin could not be present this evening. (b) CONSIDERATION OF PROPOSAL FROM NEW OWNERS OF BRETZKE BUILDING REGARDING REAR GARAGE PORTION OF BUILDING (REQUESTED BY CHAD PIEHL) Chad Piehl and John Korngiebel represented the 45 Library Square project (formerly Bretzke building), which was purchased March 1, 1983. They re- ported plans were to renovate and develop the property. It was their re- quest that the City remove the garage building for parking along with the area adjacent to the north and running east to west from Hassan Street to the alley. Inasmuch as the gas meter is presently attached to the north- west corner of the garage, it would be necessary for an easement to run the gas line to the Bretzke building from the parking lot. The off-street parking assessment to the Bretzke building was discussed. The co-partners stated they expected to pay their share of assessments. Then Mayor DeMeyer inquired if Messrs. Piehl and Korngiebel had in inter- est in purchasing the five -stall garage property. They responded that al- though they preferred not to purchase the garage to tear it down, they would consider buying it to prevent some other use of the building. Following considerable discussion, Alderman Carls moved to defer action un- til after the Council heard agenda item 8-c. Motion seconded by Alderman Gruenhagen and carried unanimously. (c) DISCUSSION OF SALE OF REAR GARAGE PORTION OF BRETZKE PROPERTY TO CAMEO CLEANERS ON CONTRACT FOR DEED (REQUESTED BY ALDERMAN KENNETH GRUENHAGEN) (DEFERRED FEBRUARY 22, 1983) Mr. Pat Smith and Atty. Roger Gilmer presented to the Council an offer to purchase the five -stall garage located behind the Bretzke building for the appraisal value of $27,500.00, to be paid monthly in contract for deed in- stallments over a five-year period, at which time a balloon payment would be due, with a 20 -year amortization schedule at 9 percent interest. The proposal was conditioned on Mr. Smith's offer to vacate the Cameo Dry Clean- ers site on May 1, 1983 in exchange for payment in kind, such as labor, materials, equipment or assistance in moving his equipment to a new suit- able site and/or payment of a sum of money for early vacation ($11,250.00). It was pointed out that early vacation of the Plowman building would enable the City to implement its parking program during the 1983 construction year. An inquiry was made regarding the City's procedure for selling property and if the City could, in fact, sell a piece of property on contract for deed. City Attorney Schaefer responded there was no legal or City Charter require- ment to put property up for sale by the bidding process. Mr. Smith reported the cost to remodel the garage would be approximately $13,000.00. Other suitable locations for the Cameo Cleaners were discussed, -4- COUNCIL MINUTES MARCH 8, 1983 and the Ziemer property on Main Street was suggested as a possibility. Building Official Homer Pittman made reference to dry cleaning being a hazardous business and the fire code regulations involved. It was pointed out by Mr. Smith that he presently rents a building from the City that is in the same condition as the proposed Bretzke garage. Alderman Beatty moved that following Alderman Mlinar`s question and recom- mendation on the building to meet codes, the Council instruct City staff to get estimates of cost for the Plowman building to meet codes to satisf-c- tion of the leasee. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Beatty to include the Bretzke garage in the study. Mo- tion seconded by Alderman Mlinar and carried, with Aldermen Beatty, Carls, Mlinar and Mayor DeMeyer voting aye and Alderman Gruenhagen voting nay. Alderman Beatty then made the motion that the City not sell the garage por- tion of the Bretzke property. The motion was seconded by Alderman Mlinar and carried, with Aldermen Beatty and Mlinar voting aye and Aldermen Gruen- hagen and Carls and Mayor DeMeyer voting nay. The motion was made by Alderman Beatty to advertise for bids to sell the garage portion of the Bretzke property. Motion seconded by Alderman Gruen- hagen and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. RECESS: Alderman Gruenhagen moved to recess for 10 minutes at 10:25 P.M. Motion seconded by Alderman Carls and unanimously carried. The method of payment from the successful bidder was discussed. Alderman Beatty moved to set the date for bid opening at 2:00 P.M. on March 28, 1983 with two ways of bidding: 1) cash price and/or 2) contract for deed price. The motion was seconded by Alderman Gruenhagen. Following discussion, it was the consensus of the Council to let the bidder determine the terms for purchase. Alderman Beatty requested to withdraw his motion, and Alderman Gruenhagen consented to withdraw his motion. Motion died upon unanimous approval. Alderman Beatty moved to advertise for bids on the garage portion of the Bretzke property to be opened at 2:00 P.M. on March 28, 1983. Motion sec- onded by Alderman Carls. The motion was amended by Alderman Beatty to in- clude that the City Council can accept or reject any and all bids. Motion seconded by Alderman Carls and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. (d) CONSIDERATION OF DECORATIVE LIGHTING OF ONE TREE IN LIBRARY SQUARE PARK (DEFERRED FEBRUARY 22, 1983) -5- COUNCIL MINUTES MARCH 8, 1983 Mr. John Alrick stated the cost of purchasing the lights for a tree in Library Square would be handled by the Downtown Retail Association, and the cost of operating the lights would be included with the street lights. It would cost $15.00 for the seven month period the lights would be turned on. The one lighted tree would be located in the northwest corner of the park. After discussion, the motion was made by Alderman Mlinar to approve the decorative lighting of one tree in Library Square Park. Motion seconded by Alderman Beatty and unanimously approved. (e) CONSIDERATION OF RECONVEYANCE OF EXCESS RIGHT-OF-WAY ADJACENT TO CITY PROPERTY (BLOCK 14, N 1/2 CITY) (DEFERRED FEBRUARY 22, 1983) City Attorney Schaefer reported on the City's right of access to Highway 7 from the property to be conveyed from the State of Minnesota to the City. The City Engineer was instructed to draft drawings showing two accesses to the highway along the southeasterly and westerly borders, which are permis- sible under the conveyance. It was moved by Alderman Carls to defer action until this item is put back on the agenda by the City Engineer. Alderman Gruenhagen seconded the mo- tion, and it carried unanimously. (f) CONSIDERATION OF AWARDING BID FOR MOWER AND SNOWBLOWER FOR PARK DEPARTMENT (DEFERRED FEBRUARY 28, 1983) Following discussion, Alderman Carls made the motion to award the bid for a mower and snowblower to Minnesota Toro, Inc. in the amount of $11,855.00. Motion seconded by Alderman Beatty and approved unanimously. (g) CONSIDERATION OF APPROVING NEW STATE AID ROUTES (DEFERRED DECEMBER 14, 1982) City Engineer Priebe reported on the three municipal state aid streets, which are being considered. After discussion, the motion was made by Alderman Beatty to approve and waive readings and adopt Resolutions No. 7345, 7346 and 7347 entitled Resolution Establishing Municipal State Aid Street. The motion was seconded by Alder- man Carls and unanimously approved. (h) REVIEW OF QUESTIONS SUBMITTED TO COUNCIL ON FEBRUARY 14, 1983 BY PAT MIKULECKY, TOM STIBAL, GAYLE WICK AND HELGA NEILSON (REQUESTED BY ALDERMAN JOHN MLINAR) Mayor DeMeyer commented that the four authors of the "questions" had re- quested a written response from the Mayor and City Council. The City COUNCIL MINUTES MARCH 8, 1983 Attorney stated that if the answers to the "questions" were submitted in writing, there would be no need for further discussion. He further sug- gested that any discussion on the "questions" be limited in time and scope. Due to the fact that none of the parties were present for this portion of the meeting, Alderman Mlinar moved to defer action to the March 22, 1983 Council meeting. Alderman Beatty seconded the motion, and it carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. 9. NEW BUSINESS (a) CONSIDERATION OF INDEPENDENT REVIEW OF INSURANCE POLICIES COVERING CITY OF HUTCHINSON, COMMUNITY HOSPITAL, BURNS MANOR NURSING HOME, AND HUTCH UTILITIES BY RISK CONTROL INC. (RECOMMENDED BY PHILIP GRAVES, MAVIS GEIER, RUFUS ALEXANDER, AND GARY PLOTZ) Mr. Dwight Tange from Risk Control, Inc. explained to the Council the serv- ices his firm would be offering to the four entities regarding insurance policies in effect or obtained in the next year. The proposed contract would be based on an hourly rate of $50.00 per hour of actual time spent subject to an annual maximum of $4,400.00. Following discussion, it was moved by Alderman Beatty to approve and enter into a contract with Risk Control Inc. Motion seconded by Alderman Mlinar and carried unanimously. (b) COMMENTS AND REPORT BY MAYOR DEMEYER REGARDING MEMORANDUM DATED MARCH 2, 1983 FROM ALDERMAN JOHN MLINAR Mayor DeMeyer read a statement in response to the items listed in Alderman Mlinar's memorandum. It was requested that the Mayor provide each Council member with a copy of the response. The Mayor refused to comply, stating it was on tape for the record. Alderman Carls moved to direct the Council Secretary to transcribe from the cassette tape a copy of the document under question to be available to the City Council members,and the newspaper and radio media. Motion seconded by Alderman Beatty and unanimously approved. (c) COMMENTS AND REPORT IN CONNECTION WITH LETTER DATED JANUARY 10, 1983 REGARDING PROPOSED REVIEW OF TAX INCREMENT MATERIALS SUBMITTED TO STATE AUDITOR (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer read a letter received from Thomas M. Gilbertson, legal coun- sel in the State Auditor's office. No action was taken. 10. MISCELLANEOUS LiC COUNCIL MINUTES MARCH 8, 1983 (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that Alderman Mlinar would not be able to attend the scheduled March 15 workshop/meeting and suggested changing the date. It was the consensus of the Council to change the date to March 14, 1983 at 6:00 P.M. in City Hall. It was reported that the requested appraisals for city-owned.property would be delayed inasmuch as the appraiser was on vacation. The Council members were reminded of the up -coming Council Workshops to be held March 30 and April 13 at 6:00 P.M. in the Fire Station Conference Room. The County Commissioners will meet with the Council on March 30. (b) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR Director Bruce Ericson made reference to the comments of Gayle Wick at the previous Council meeting pertaining to the Rochester National Guard Armory. He stated the Armory is not used by the City of Rochester for its recrea- tional program. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer updated the Council on action taken regarding Melvin Klockman and Bernard Stolpman. A letter was sent to Mr. Klockman concerning his demolition deposit. He was given seven days in which to clean up the property in question or forfeit his deposit. Also, Mr. Stolpman had been contacted and a letter sent. At this time the contract for deed had not been cancelled; therefore, the city will follow standard procedures on water billing. (d) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty referred to page 22 of Roberts Rules of Order concerning "point of order" in response to Gayle Wick's previous remarks. (e) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen stated he did not plan to provide anyone with written response. His comments would be a part of the Council record and in the minutes. (f) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls requested a written interpretation of Chapter 12, Section 4 in the City Charter, "Sales of Real Property," from the City Attorney. v COUNCIL MINUTES MARCH 8, 1983 An inquiry was made regarding the status of the Masonic Temple property. It was reported that the members had voted to sell the property to the City, with vacation on October 15, 1983. The closing will take place in the near future. The City Engineer was asked if the surfacing of the off-street parking lots was included in the parking program funds. Mr. Priebe responded that it was included. The question was raised regarding the need for an ordinance to change the useage in the parking district. (g) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar requested that street improvements be included on the agenda for one of the up -coming Council workshops. He felt there were certain areas that needed to be further discussed. It was suggested that the City staff work on a plan to streamline the process for developers to give them some direction. Mention was made of a local bus- iness that may relocate in Young America. A city assessment questionnaire distributed by the League of Cities was al- luded to by Alderman Mlinar. He thought it should be circulated among staff for evaluation purposes. Reference was made to a recent article in the Corporate Report which featured the City of Hutchinson and its problems with tax increment financing. The suggestion was made that some response should be made to the article. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Beatty moved to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Carls and unanimously ap- proved. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:45 A.M. upon motion by Alderman Carls, seconded by Alderman Gruenhagen and carried unanimously.