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04-25-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 25, 1978 1. CALL TO ORDER The meeting was called to order by Mayor Black at 7:30 P.M., with the following Council members present: Aldermen Westlund, B. Peterson, and Gruenhagen, in addi- tion to Mayor Black. Absent: Alderman K. Peterson. Also present were: Adminis- trative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION Due to the absence of Reverend Rademacher, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting dated April 11, 1978 and Special Meeting dated April 18, 1978 were unanimously approved upon motion by Alderman B. Peterson, and seconded by Alderman Westlund. 4. PUBLIC HEARING None 5. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY EVA CRAWFORD After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman B. Peterson, to approve the request of Eva Crawford for reduced trash and refuse rate. Motion unanimously carried. (b) CONSIDERATION OF REQUEST BY MARLOW PRIEBE TO ATTEND A.P.W.A. CHAPTER CONFERENCE ON MAY 18-19, 1978 Alderman B. Peterson made the motion to approve the request of Marlow Priebe to attend the A.P.W.A. Chapter Conferepce. The motion was seconded by Alder- man Westlund and unanimously carried. , 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6113 - COMMENDING TOM CONE It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to waive the reading and adopt Resolution No. 6113 entitled Commending Tom Cone. Mo - IP tion unanimously carried. (b) RESOLUTION NO. 6114 - COMMENDING HAROLD JUUL Council Minutes April 25, 1978 It was moved by Alderman B. Peterson, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6114 entitled Commending Harold Juul. Motion unanimously carried. 1 (c) RESOLUTION NO. 6115 - COMMENDING JEWEL ORR It was moved by Alderman Gruenhagen, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6115 entitled Commending Jewel Orr. Motion unanimously carried. (d) RESOLUTION NO. 6119 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 6119 entitled Transferring $10,000 from Liquor Store to General Fund. Motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS , (a) MINUTES OF PARK AND RECREATION BOARD DATED APRIL 5, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF TRANSPORTATION BOARD DATED APRIL 12, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. i (c) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED MARCH i 21, 1978 There being no discussion, the minute were ordered by the Mayor to be re- ceived for filing. j (d) MINUTES OF BURNS MANOR NURSING HOME DLTED MARCH 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF DOWNTOWN DEVELOPMENT COITLLIFE DATED APRIL i 18, 1978 There being no discussion, the minutesiwere ordered by the Mayor to be re- ceived for filing. t 8. UNFINISHED BUSINESS (a) CONSIDERATION OF GUIDELINES FOR SHOOTING RANGE AT OLD ARMORY WITH FAVORABLE APPROVAL OF PARK AND RECREATION BOARD (DEFERRED MARCH 14, 1978) -2- Council Minutes April 25, 1978 Administrative Assistant Plotz provided background information pertaining to the shooting range in the Old Armory. Guidelines for use of the shooting range were presented to the Council on March 14, 1978 and referred to the Park and Recreation Board for approval. The Board has approved the guidelines and is recommending the City Council to give them final approval. After discussion, it was moved by Alderman B. Peterson to approve the Guide- lines for Shooting Range at Old Armory. Seconded by Alderman Gruenhagen, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter mailed to all delinquent account holders was read by Mayor Black. He then inquired if anyone present wished to be heard regard- ing his/her account. There was no response. Alderman Westlund made the motion to discontinue service on accounts No. 1-0320-0-00, 2-0125-0-00, 7-0120-7-004, 7-0585-0-00, and 7-0870-0-00 if not paid by May 1, 1978; and to discontin e service on accounts No. 2-0280-1-00 and 3-0405-0-00 if payment is not rectived as previously arranged. Seconded by Alderman B. Peterson, the motion uganimously carried. (b) PRESENTATION BY HUTCHINSON INDUSTRIAL�CORPORATION REGARDING NEW PLANT EXPANSION Mr. Jon Geiss, President, appeared before the Council and gave a presentation on the expansion plans of Hutchinson Industrial Corporation. The present plant has 70,000 square feet, and it is their intent to add another 40,000 square feet to the north and change the entrance to the plant. A study is presently being conducted by A. D. Little, which should determine the real needs of the company. If the expansion is not funded through a City revenue bond, it will be necessary for them to seek another means of financing. It was the general consensus of the Council that Hutchinson Industrial Corpor- ation has been an asset to the community, and the Council will give consider- ation to a sound arrangement for financing the proposed expansion of the com- pany. i (c) CONSIDERATION OF ON -SALE MALT LIQUOR LICENSES: 1. LEONARD ODEGAARD - CHRISTY'S 2. JOHN BUYTARET - J'S PIZZA GARTEN 3. CROW RIVER COUNTRY CLUB 4. JACK ANDERSON - JACK'S TAVERN 5. CURTIS ERNST - DINNER BELL 6. LARRY KREIGH/DON WURZVERGER - PIZ?A HUT 7. TOM DOLDER - T. L. SCALAWAGS, INC. -3- Council Minutes April 25, 1978 After discussion, it was moved by Alderman Westlund to issue On -Sale Malt Liquor Licenses to the afore -named establishments upon the recommendation of Police Chief O'Borsky. Seconded by Alderman Gruenhagen, the motion unan- imously carried. (d) CONSIDERATION OF OFF -SALE MALT LIQUOR LICENSES: 1. GIBSON'S DISCOUNT CENTER 2. JAHNKE'S RED OWL 3. ERICKSON'S OIL PRODUCTS 4. NATIONAL FOOD STORE 5. JOHNSON'S SUPER VALU 6. HUTCHINSON WAREHOUSE GROCERY It was noted that Gibson's Discount Center will not be renewing their Off - Sale Malt Liquor License for this year. Alderman Westlund made the motion to issue Off -Sale Malt Liquor Licenses to the above-named establishments, with the exception of Gibson's Discount Cen- ter, upon the recommendation of Police Chief O'Borsky. Seconded by Alder- man B. Peterson and carried unanimously. (e) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY CHUCK PEARSON WITH FAVOR- ABLE APPROVAL OF PLANNING COMMISSION,INCLUDING THE THREE CONTINGENCIES City Engineer/Public Works Director Priebe pointed out the Planning Commission approved the request for variance contingent upon Mr. Charles Pearson fulfill- ing the following requirements: 1. Trailer on property be removed permanently 2. West side be cleaned up permanently 3. Parking area be put to use as�off street parking After discussion, it was moved by Alderman Westlund to waive the first reading and adopt Resolution No. 6116 entitled A Resolution Granting Variance from Section 9 of the Zoning Ordinance to Allow Construction of Addition to Exist- ing Building, including the three contingencies. Seconded by Alderman B. Peterson, the motion unanimously carried. (f) CONSIDERATION OF REQUEST FOR ZONING CHANGE FROM R-1 TO R-2 SUBMITTED BY JAMES MCCLURE WITH FAVORABLE APPROVAL OF PLANNING COMMISSION After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Westlund, to waive the first reading of Ordinance No. 8/78 entitled An Ordi- nance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map and set second reading for May 9, 1978. Motion unanimously carried. -4- Council Minutes April 25, 1978 (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY NORTH CENTRAL FOODS SYSTEM INVESTMENT, CO. (FOR HARDEES RESTAURANT) WITH FAVORABLE APPROVAL OF PLANNING COMMISSION AS RECOMMENDED Mr. Paul Gray, representing North Central Toods System Investment Co., ap- peared before the Council and presented a drawing of the proposed Hardees Restaurant to be constructed on Highway 7. He informed the members that the restaurant would seat 132 people, with a drive-by window for fast food service. In addition, they plan to construct 20 off-site parking spaces at the owner's expense. City Engineer/Public Works Director Priebe reported it is the recommendation of the Planning Commission to grant the Conditional Use Permit for the con- struction of the building since it is above the Flood Protection Elevation, for the construction of curb and gutter and bituminous surfacing on the right- of-way of Glen Street for on -street parking, said improvement to be at prop- erty owner's expense, and for the variance required to build the canopy with- in the regular sideyard setback, as shown on plans on file with the City of Hutchinson. After discussion, it was moved by Alderman Westlund to approve the Conditional Use Permit upon the recommendation of the Planning Commission and to waive reading and adopt Resolution No. 6117 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C 5 of the 1975 Zoning Ordinance to Allow Con- struction of a Fast Food Restaurant to Be Known as Hardees. Seconded by Alder- man B. Peterson, the motion unanimously carried. (h) CONSIDERATION OF REQUEST TO VACATE EASEMENTS FOR ALBERT'S FIRST ADDITION WITH FAVORABLE APPROVAL OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruen- hagen, to waive the first reading of O�dinance No. 9/78 entitled An Ordinance to Vacate Utility and Drainage Easemen"s on Lots 1 and 2 of Block 1, Along the Lot Line Common to Said Lots, In Alber 's First Addition, and set second read- ing for May 9, 1978. Motion unanimous ty carried. (i) CONSIDERATION OF REQUEST FOR PRELIMINA4Y AND FINAL PLAT FOR THIRD ADDITION TO LAKEWOOD TERRACE SUBMITTED BY EARL MCD NALD WITH FAVORABLE APPROVAL OF PLAN- NING COMMISSION CONTINGENT UPON PARKS END PLAYGROUND CONTRIBUTION ACCORDING TO THE LATEST SCHEDULE '. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6118 entitled Resolution Giving Approval of Preliminary and Final Plat for Third Addition to Lakewood Terrace. Motion carried unanimously. -5- Council Minutes April 25, 1978 (j) CONSIDERATION OF RESIGNATION OF BARBARA HARDING (LIQUOR STORE EMPLOYEE) The motion was made by Alderman Westlund, seconded by Alderman Gruenhagen, to accept the resignation of Barbara Harding, effective May 6, 1978. Motion unanimously carried. (k) CONSIDERATION OF APPROVAL OF HIRING CETA EMPLOYEE NORMAN WRIGHT Alderman Westlund made the motion to confirm employment of Norman Wright as a CETA employee, effective April 17, 1978. Seconded by Alderman Gruenhagen, the motion unanimously carried. (1) CONSIDERATION OF EMPLOYMENT OF STEVEN JENSEN AS RECREATION FACILITY ATTENDANT Mayor Black inquired if the employment of Steven Jensen had been confirmed with the Park and Recreation Board, as well as the change in the job descrip- tion. Administrative Assistant Plotz responded that personnel matters below manage- ment level have not been referred to advisory boards in the past. He then explained the job description change. After discussion, it was moved by Alderman B. Peterson to defer action until the Park and Recreation Board has reviewed the matter. Seconded by Alderman Westlund, the motion unanimously carried. (m) CONSIDERATION TO RELOCATE BUILDING Mr. Timothy D. Anderson has requested permission to move a utility building at 255 6th Avenue N.E. to part of Lot 3, Aud. Plat of Section 7, apartment building on Jefferson Street also cjwned by Mac Co. Investments. It is the recommendation of the Building Official to grant approval for relocation of the utility building. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to grant approval of the request to relocate a building, upon recommendation of Building Official Willard. Motion unanimously carried. I (n) CONSIDERATION OF BID RECOMMENDATIOIS BY CITY ENGINEER 1. PROJECT 78-03 - STORM SEWER IMPROVEMENTS 2. PROJECT 78-04 - SEWER & WATER IMPROVEMENTS 3. BITUMINOUS MATERIAL 4. TREE AND STUMP REMOVAL Mayor Black commented on questions raised regarding the bond indebtedness and wondered if the City should take on these improvement debts right now. Q Council Minutes April 25, 1978 1. It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to defer Project 78-03 to the next Council meeting. Motion unanimously carried. 2. It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to defer Project 78-04 to the next Council meeting. Motion unanimously carried. 3. After discussion, it was moved by Alderman Westlund, seconded by Alder- man B. Peterson, to approve entering into a contract with L. N. Sickles Co. in the amount of $9,262.50 for the purchase of bituminous material. Motion carried unanimously. 4. City Engineer/Public Works Director Priebe explained that an error had been made in preparing the specifications. It is, therefore, his recom- mendation to reject the bids received on April 18, 1978 and set a new bid date for May 9, 1978 at 2:00 P.M. It was moved by Alderman B. Peterson, seconded by Alderman Gruenhagen, to reject the bids received on April 18, 1978 and re -set bid date for May 9, 1978 at 2:00 P.M. upon recommendation of City Engineer. Motion unanimously carried. (o) CONSIDERATION OF APPLICATION FOR PERMITS AND LICENSES SUBMITTED BY HUTCHINSON JAYCEE WATER CARNIVAL COMMITTEE: 1. STREET USE 2. KIDDIE DAY PARADE PERMIT 3. GRAND PARADE PERMIT 4. DANCE PERMIT FOR QUEEN'S BALL 5. RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE 6. SQUARE DANCE PERMIT d Mr. Robert Carney, 1978 Commodore, presented a fireworks permit application to the Council which had been omitted frog the initial letter of application for permits and licenses. He reported th same individual will be discharg- ing the fireworks this year as last year. The same parade route will be fol- lowed as in the past. a It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to approve the requests listed above and authorize the issuance of required permits and licenses, upon favorable recommendation from Police Chief O'Borsky. Motion unanimously carried. It was moved by Alderman Westlund to issue a fireworks permit with the point of discharge being at Kouba Point and in a westerly direction. Seconded by Alderman Gruenhagen, the motion unanimously carried. -7- Council Minutes April 25, 1978 (p) CONSIDERATION OF NEW BLOWER FOR SEWAGE TREATMENT PLANT City Engineer/Public Works Director Priebe reported the need for a new blower for the aeration tank in the sewage treatment plant. The cost for the new blower is $5,295.00. After discussion, it was moved by Alderman Westlund, seconded by Alderman B. Peterson, to authorize the purchase of a new blower at a cost of $5,295. Motion unanimously carried. (q) CONSIDERATION OF RESIGNATION OF MIKE BURICH (LIQUOR STORE EMPLOYEE) Alderman Westlund made the motion to accept the resignation of Mike Burich, effective May 9, 1978. Seconded by Alderman B. Peterson, the motion unani- mously carried. (r) CONSIDERATION OF RATES FOR 400 AMP. SERVICE BY RUFUS ALEXANDER Utilities Manager Rufus Alexander presented to the Council a rate schedule for utility service charges proposed by the Utilities Commission. This change • would effect large users with 400 amperes or more service. He explained that it is becoming costly to provide service from the transformer to the build- ing. In the future, primary service will be provided to the transformer, and the customer will be responsible for all maintenance to the service lines. This change will pertain only to new customers and not present users. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the change recommended by the Utilities Commission. Motion unanimously carried. (s) CONSIDERATION OF REQUEST BY ARNOLD ROSENAU TO MOVE BUILDING Mr. Arnold H. Rosenau has requested permission to move a steel utility build- ing from an abutting rear yard to the rear yard of his property at 105 11th Avenue N.E. It is the recommendation of the Building Official to grant the request. After discussion, it was moved by Alderman B. Peterson, seconded by Alderman Westlund, to approve the request for Arnold Rosenau to move the steel utility building. Motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on the Day Activity Center Board meet- ing he and Brian Buchmayer attended on April 17, 1978. At that time they Council Minutes April 25, 1978 presented the joint School District/City proposal for the DAC in Hutchinson. Mr. Plotz has requested an opportunity to present the proposal to the McLeod County Association of Retarded Citizens during their May meeting. It was noted that a May 15 deadline has been given Winsted to find favorable financ- ing for the DAC. Four, or possibly five, of the County Commissioners will be in attendance at a luncheon during the Council Workshop on Friday, April 28, 1978. A copy of the Agenda for the Workshop has been attached to the Council packet materials. Mr. Plotz called attention to a notice received from the State Commissioner of Agriculture, Mr. Bill Walker, stating that effective April 24, 1978, there will be a quarantine that prohibits the movement of all elm wood, including elm firewood, into any home rule charter or statutory city or any shade tree disease control area in the unincorporated areas of any county. Mr. Plotz mentioned that he had been invited to become involved in an Indus- trial/Economic Steering Committee. The first meeting will be held next week. There will be a delay in the selection of a site for the non -directional beacon at the airport until the City appoints an Airport Zoning Board. Since there is a legal question on whether there is an official Airport Zoning Board in existence, City Attorney Schantzen is looking into this matter. (b) COMMUNICATION FROM THE MAYOR Mayor Black gave recognition to Nancy Kurth who has been selected as an A.F.S. student for next year. The American Legion has extended an invitation to the Hutchinson City offi- cials to participate in the parade and services at Veteran's Park for the Memorial Day Services. The City of Hutchinson will be presented with a traffic education and safety award at the Governor's Safety Awards Banquet on May 18, 1978. Chief of Police O'Borksy will receive the award on behalf of the City. Mayor Black re -appointed the Reverend Howard Jones to the Nursing Home Board until such time as he moves from Hutchinson in July, 1978. It was moved by Alderman Westlund, seconded by Alderman B. Peterson, to ratify the appointment of the Reverend Howard Jones to the Nursing Home Board. Mo- tion unanimously carried. (c) COMMUNICATION FROM CITY ATTORNEY City Attorney Schantzen reported on the terms of agreement for purchase of the Hazel Baseman property. The total purchase price is $40,000, with a down 160 Council Minutes April 25, 1978 payment of $8,000. The remaining balance will be paid over a four-year period at $8,000 per year, payable on June"l and December 1 of each year. Interest will be at the rate of 8%. It is agreed that the City could pre -pay the con- tract at any time. June 1, 1978 has}been established as the possession date, with interest to start as of that satin date. After discussion, it was moved by Alderman Westlund to authorize entering into a contract for deed with Hazel Baseman in accordance with the terms out- lined above. Seconded by Alderman GrUenhagen, the motion unanimously carr=ied. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMEN' (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ap- prove the verified claims and authoriz payment from the appropriate fund. Motion unanimously carried. 12. ADJOURNMENT There being no further business to come befgre the Council, the meeting was ad- journed at 9:40 P.M. upon motion by Alderma Westlund, seconded by Alderman B. Peterson, and unanimously carried. -10-