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08-22-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 22, 1978 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following members present: Aldermen Westlund, Huntwork and Gruenhagen in addition to Mayor Black. Absent: Alderman Peterson. Also present were: City Engineer/Public Works Director Priebe and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Manley Swarthout of the Wesleyan Church. 3. MINUTES The minutes of the Regular Meeting dated August 8, 1978 and Special Meeting dated August 22, 1978 were approved upon motion by Alderman Westlund, seconded by Alder- man Huntwork, and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) 1977 ASSESSMENT ROLLS 1. ROLL NO. 71 2. ROLL NO. 72 3. ROLL NO. 73 1. At 8:00 P.M. Mayor Black called to order the Public Hearing on the pro- posed 1977 assessment rolls and read Publication No. 6084, Notice of Hear- ing on Proposed Assessment Project: 77-12 and 77-30 and 77-30A, Roll No. 71. There being no one present to be heard, the hearing was declared closed at 8:05 P.M. on motion by Alderman Westlund, seconded by Alderman Gruen- hagen, and carried unanimously. 2. Mayor Black called the hearing on proposed assessment Roll No. 72 with the reading of Publication No. 2085, Notice of Hearing on Proposed Assess- ment Project: 77-35 and 77-33. There being no one present wishing to be heard, it was moved by Alderman Westlund to close the hearing at 8:08 P.M. Seconded by Alderman Huntwork, the motion unanimously carried. 3. Council Minutes August 22, 1978 3. Mayor Black opened the hearing on proposed assessment Roll No. 73 with the reading of Publication No. 2086, Notice of Hearing on Proposed Assess- ment Project: S.P. 133-020-02, S.P. 133-109-03, S.P. 133-020-01, S.P. 133-119-01. The hearing was opened to the public for remarks. Mr. Emanuel Albrecht, owner of Albrecht Oil Co. at the corner of Second Avenue S.E. and Jefferson Street, inquired about two assessment notices received. He was informed by the City Engineer/Public Works Director that the assess- ment notices covered two separate projects, one on Jefferson Street and the other on Second Avenue S.E. There being no one else present wishing to be heard, it was moved by Alder- man Westlund to close the hearing at 8:15 P.M. Seconded by Alderman Hunt - work, the motion unanimously carried. Mayor Black pointed out the interest rate per annum on the unpaid balance of Assessments will be 7%. He further explained the procedure for paying the assessment costs. Assessment Rolls No. 71, 72 and 73 shall be payable in equal annual installments extending over a period of ten (10) years. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to set the rate of interest on Assessment Rolls No. 71, 72 and 73 at 7%. Motion unanimously carried. RESOLUTION NO. 6187 It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6187 entitled Adopting Assessment Roll No. 71. Motion unanimously carried. RESOLUTION NO. 6188 It was moved by Alderman Westland, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6188 entitled Adopting Assessment Roll No. 72. Motion unanimously carried. RESOLUTION NO. 6189 It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6189 entitled Adopting Assessment Roll No. 73. Motion unanimously carried. (b) 1978 IMPROVEMENTS - PROJECT 78-05 Mayor Black opened the hearing by reading Publication No. 2089, Notice of Hearing for 1978 Improvements, Project 78-05. -2- Council Minutes August 22, 1978 Mayor Black commented on the background of Project 78-05 and pointed out that the opening of the School Rcad Bridge had made it necessary for a sidwalk in this area. It was the recommendation of the Safety Council to install a side- walk on Stoney Point Road from School Road to Roberts Road and Roberts Road from Alan Street to Stoney Point Road. Mr. Charles Wilson appeared before the Council and presented a proposal for sidewalk districts and an over-all plan for sidewalks in Hutchinson. He sug- gested credit be given to those property owners who have already paid on a previous sidewalk assessment. He further pointed out that some of the present sidewalk will need repair in the near future. Mayor Black responded that people who own abutting property have already paid for their sidewalk so it would not be fair to assess them for additional side- walk. He also commented on a survey of other cities regarding sidewalk assess- ment which had been taken by City Engineer/Public Works Director Priebe. The majority had been assessed on a front foot basis. The Mayor was not in favor of changing the City's present policy in this particular instance. Mr. Richard Smith of Hutch Properties, Minneapolis, and a developer of Stoney Point, wanted to know who else had been notified of the hearing. He stated there are only two individuals involved. It was his opinion that a sidewalk is not necessary and will be of no benefit to the property owners. Individuals who live across the river will benefit from the sidewalk, and it is his belief that the cost should be divided. He felt the best location for the sidewalk had not been explored. Mr. Jim Olson, 715 Dale, commented on the letter he received which stated the sidewalk was being put in for children going to school. He did not feel he would benefit from the sidewalk and wondered why the City shouldn't pay for it since it involved so many people. There being no one else present wishing to be heard, it was moved by Alder- man Westlund to close the hearing. Seconded by Alderman Huntwork, the motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6190 entitled Ordering Improvement and Prepar- ation of Plans. Motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to waive reading and adopt Resolution No. 6191 entitled Approving Plans and Specifi- cations and Ordering Advertisement for Bids (September 13, 1978, 2:00 P.M.). Motion unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY MINNIE FIELDS =11 Council Minutes August 22, 1978 After discussion, it was moved by Alderman Gruenhagen to approve the request for reduced trash and refuse rate by Minnie Fields. Seconded by Alderman Hunt - work, the motion unanimously carried. (b) CONSIDERATION OF REQUEST FOR DOROTHY SMITH AND EILEEN TORRY TO ATTEND DEPUTY REGISTRAR CONFERENCE ON OCTOBER 24, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve Dorothy Smith and Eileen Torry attending a Deputy Registrar Conference on October 24, 1978. Motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR USE OF OLD ARMORY BASEMENT ON SEPTEMBER 6, 1978 BY HUTCHINSON GIRL SCOUTS After discussion, it was moved by Alderman Westlund to approve the Hutchinson Girl Scouts to use the Old Armory Basement on September 6, 1978 and waive the rental fee. Seconded by Alderman Huntwork, the motion unanimously carried. (d) CONSIDERATION OF PETITION FOR ADDITIONAL STREET LIGHTING ON SOUTH ADAMS STREET Mayor Black commented that it was his opinion this area had equal lighting with the rest of the City. However, an arbor of trees blocks off the lighting. It was his recommendation to refer the matter to the Utilities Commission. After discussion, it was moved by Alderman Westlund to refer the request for additional lighting on South Adams Street to the Utilities Commission. Sec- onded by Alderman Gruenhagen, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR CITY ENGINEER TO ATTEND E.P.A. SEMINAR ON AUGUST 30-31, 1978 After discussion, it was moved Gruenhagen, to approve the City August 30-31, 1978 in Chicago. 6. RESOLUTIONS AND ORDINANCES by Alderman Huntwork, seconded by Alderman Engineer attending an E.P.A. Seminar on Motion unanimously carried. (a) RESOLUTION NO. 6183 - TRANSFERRING $110,000 FROM BOND OF 1978 FUND TO GENERAL FUND After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6183 entitled Transferring $110,000 from Bond of 1978 Fund to General Fund. Seconded by Alderman Gruenhagen, the motion carried unanimously. (b) RESOLUTION NO. 6186 - TRANSFER OF GENERAL REVENUE SHARING FUNDS FOR SUPPORT OF HUTCHINSON GENERAL FUND Iffl! Council Minutes August 22, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6186 entitled Transfer of General Revenue Sharing Funds for Support of Hutchinson General Fund. Motion carried unanimously. (c) RESOLUTION NO. 6192 - RESOLUTION OF APPRECIATION TO DOROTHY BRAUN After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6192 entitled Resolution of Appreciation to Dorothy Braun. Motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JULY 1978 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF HUTCHINSON CIVIC ARENA BOARD DATED AUGUST 2, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED AUGUST 1, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF TRANSPORTATION BOARD DATED AUGUST 9, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF BURNS MANOR MUNICIPAL NURSING HOME DATED JULY 20, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICE AND RAFFLE LICENSE BY ELKS LODGE (DEFERRED JULY 25, 1978) Mayor Black referred to the Minnesota Statute (H.F. No. 405, Chapter No. 507) recently adopted by State Legislature which relates to gambling and gambling devices. It is his opinion that the City of Hutchinson should not adopt an ordinance permitting this type of activity and continue with the policy they have maintained in the pastthat allows one fund-raising event a year. -5- Council Minutes August 22, 1978 Mr. Richard Phillips, Board of Trustees Chairman for the Elks Lodge, expressed his concern that the Elks comply with the City's regulations on gambling. In the past they have always upheld the laws, and plan to do so in the future. Following further discussion, it was moved by Alderman Westlund to defer this item. Seconded by Alderman Huntwork, the motion unanimously carried. (b) CONSIDERATION OF APPLICATION FOR BINGO LICENSE BY ELKS LODGE (DEFERRED JULY 25, 1978) Following discussion, this item was also deferred upon motion by Alderman Westlund, seconded by Alderman Huntwork, and unanimously carried. (c) CONSIDERATION OF INDUSTRIAL REVENUE BOND FOR PLANT EXPANSION OF HUTCHINSON INDUSTRIAL CORPORATION (DEFERRED APRIL 25, 1978) Mr. Jon Geiss, President of Hutchinson Industrial Corporation, informed the Council that the feasibility study by A. D. Little had been completed, and the proposed $6 million expansion seemed feasible. He further reported that industrial revenue bond financing could not be used so arrangements for fi- nancing was made with the Farmers Home Administration. It would be necessary for the Council to adopt a resolution approving minor changes in the previous industrial revenue bond agreements and releasing 1.7 acres of land. Mr. Richard Solum, of the law firm Henson & Efron in Minneapolis, was intro- duced to the Council. He then presented the various exhibits in connection with the request for purchase of a parcel of undeveloped land from the City of Hutchinson. After discussion, it was moved by Alderman Westlund to authorize the Mayor and City Clerk to enter into an agreement and waive reading and adopt Reso- lution No. 6195 entitled City of Hutchinson, Minnesota, Certificate of Reso- lution Regarding the Sale of Unimproved Land to Hutchinson Industrial Cor- poration, and Other Matters Relating Thereto. Seconded by Alderman Gruen- hagen, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT FOR UNITED BUILDING CENTER WITH FAVORABLE RECOMMENDATION OF PLANKING COMMISSION After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6184 entitled Resolution Granting Conditional Use Per- mit under Section 6.07, I/C-1 of the 1975 Zoning Ordinance to Allow Putting Up Fence Completely Around Lot with Access Gate. Seconded by Alderman Hunt - work, the motion unanimously carried. Council Minutes August 22, 1978 (b) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR HELLAND'S THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, CONTINGENT UPON PROPER PARKS AND PLAYGROUND CONTRIBUTION After discussion, it was moved by Alderman Huntwork to waive reading and adopt Resolution No. 6185 entitled Resolution Giving Approval of Preliminary and Final Plat for Helland's Third Addition. Seconded by Alderman Gruenhagen, the motion unanimously carried. (c) CONSIDERATION OF LEASE/PURCHASE AGREEMENT FOR XEROX COPY MACHINE The Xerox Company has a new program of purchase for the 3107 copy machine which the City is presently renting. It is the recommendation of the City Accountant that the City enter into a lease/purchase agreement and full service maintenance agreement. After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to approve the lease/purchase agreement and full service mainten- ance agreement and enter into the contract with Xerox Company. Motion unani- mously carried. (d) CONSIDERATION OF ESTABLISHING DATE FOR FIRST COUNCIL MEETING IN SEPTEMBER Inasmuch as the Primary Elections will be held on September 12, 1978, it is necessary to establish a different meeting date for the City Council. After discussion, it was moved by Alderman Westlund to establish the date of Wednesday, September 13, 1978 for the first Council meeting in September. Seconded by Alderman Gruenhagen, the motion unanimously carried. (e) CONSIDERATION OF PURCHASE OF USED MOTOR GRADER City Engineer/Public Works Director Priebe requested permission to make an offer in the amount of $2,900.00 for purchase of a small used motor grader from Tri-State Machinery Company in Bloomington. It would be used for work in alleys and small grading projects. Following discussion, it was moved by Alderman Huntwork to authorize the City Engineer to make an offer of $2,900.00 for a used motor grader. Seconded by Alderman Westlund, the motion unanimously carried. (f) CONSIDERATION OF INSTALLATION OF SANITARY SEWER AND WATER SERVICE FOR RONALD WOTHE The property of Ronald Wothe is in the process of being annexed into the City, and Mr. Wothe has requested installation of sanitary sewer and water service to his property. It is the recommendation of the City Engineer that the request be granted prior to finalization of annexation. The cost for -7- Council Minutes August 22, 1978 these services would, by policy, be at the expense of the property owner. Following discussion, it was moved by Alderman Westlund to approve the in- stallation of service for Ronald Wothe at the cost of property owner. Sec- onded by Alderman Huntwork, the motion unanimously carried. (g) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter sent to all delinquent account holders was read by Mayor Black. He then asked if there was anyone present who wished to be heard regarding his/her account. No one responded. It was moved by Alderman Westlund to discontinue service immediately on the following accounts: 10-0155-1-00, 10-0265-0-00, and 39-0022-1-00; and 20-0065-0-00 if not paid by September 1, 1978 as promised. Seconded by Alderman Huntwork, the motion carried unanimously. (h) CONSIDERATION OF RECOMMENDED BID FOR USED TRUCK Bids for a used truck were received and opened this afternoon at 2:00 P.M. After review it was the recommendation of the City Engineer to approve the purchase of a 1972 International Model F 1800 used truck with a 10 cubic yard box in the amount of $10,000 from Johnson Motors in Glencoe. Delivery date would be September 1, 1978. After discussion, it was moved by Alderman Westlund to authorize the pur- chase of the above truck and accept the bid from Johnson Motors in the amount of $10,000. Seconded by Alderman Gruenhagen, the motion carried unanimously. (i) CONSIDERATION OF GYMNASTIC INSTRUCTORS FOR FALL RECREATION PROGRAM Approval is requested to hire the same four or five high school students as instructors for the fall gymnastics program as were involved in the winter program, or to make substitution as necessary. After discussion, it was moved by Alderman Westlund to approve the instruc- tors for the fall gymnastics program. Seconded by Alderman Gruenhagen, the motion carried unanimously. (j) CONSIDERATION OF EMPLOYEE(S) FOR PARK DEPARTMENT Since several temporary Park Department employees are returning to school, it is necessary to fill these positions. It was requested, therefore, that Steve Lueneberg be approved for temporary employment until winter and one additional temporary employee be hired when available. After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to approve the employment for the Park Department. Motion carried unanimously. M Council Minutes August 22, 1978 (k) CONSIDERATION OF RECO14MENDATION OF DOWNTOWN DEVELOPMENT COMMITTEE TO SET DATE FOR PUBLIC HEARING TO ESTABLISH BOUNDARIES OF DOWNTOWN DEVELOPMENT DISTRICT NO. 1 AND NO. 2 Mayor Black reported briefly on the Downtown Development Committee meeting held at noon today and the necessity of adopting the proposed resolutions. After discussion, it was moved by Alderman Gruenhagen to set a public hear- ing for October 10, 1978 at 8:00 P.M. and publish Notice of Hearing. Sec- onded by Alderman Westlund, the motion carried unanimously. It was moved by Alderman Gruenhagen, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6193 entitled Resolution Calling for Hearing to Establish Boundaries of Downtown Development Districts Number 1 & 2. Motion carried unanimously. (1) CONSIDERATION OF RECOMMENDATION OF DOWNTOWN DEVELOPMENT COMMITTEE TO REFER COPIES OF DOWNTOWN DEVELOPMENT COMMITTEE REPORT AND DEVELOPMENT DISTRICT PROGRAM TO CITY STAFF, CITY PLANNING COMMISSION, SCHOOL BOARD, COUNTY BOARD, BOND COUNSEL, CITY ATTORNEY, AND OTHERS FOR REVIEW AND RECOMMENDATIONS ON OR BEFORE PUBLIC HEARING DATE After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6194 entitled Resolution Calling for Distribution of Downtown Development Committee Report and Development District Program. Seconded by Alderman Huntwork, the motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT There was no report from the Clerk -Administrative Assistant. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black pointed out that there is a state law and City ordinance pro- hibiting political campaign signs to be posted on public property. He in- structed the City Engineer and his staff to see that those in violation are removed. Mayor Black reported the Utilities Commission would be agreeable to a right- of-way for the railroad to cross their property in Industrial Park if the railroad relocates its tracks in connection with the Downtown Development Plan. Council Minutes August 22, 1978 The term of Herb Filk on the Utilities Commission will expire in September, 1978. Mayor Black commented that these appointments are restricted to two six-year terms. Mr. Filk has indicated he would be willing to serve on the Commission for another term if re -appointed. A question was raised on Mr. Filk's eligibility to serve another term. It was then moved by Alderman Westlund, seconded by Alderman Gruenhagen, to defer appointment until the September 26 Council meeting. Motion carried unanimously. Mayor Black re -appointed Randall Buboltz to the Airport Commission for an- other five-year term and asked for Council ratification. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to ratify the appointment of Randall Buboltz to the Airport Commission. Motion carried unanimously. Mayor Black reported the base coat on Highway 7 was being laid this evening. The official opening of the School Road Bridge will take place on September 20 at 1:30 P.M. with a special program planned. He further remarked that stop signs need to be placed on School Road at the intersection of Roberts Road to eliminate truck traffic in this area. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to waive first reading of Ordinance No. 14/78 entitled Ordinance Amending Section 710:10 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Stop Streets" by Adding Subdivision No. 12 Thereto, Relative to "Traffic, Local Regulations," and set second reading for September 13, 1978. Motion unani- mously carried. (c) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen reported the Hospital Board will be advertising for bids to start a Pharmacy in the Medical Clinic. It will be operated pri- vately by the successful bidder, and the office space will be rented from the hospital under a lease arrangement. (d) COMMUNICATIONS FROM RICHARD SCHMIDTBAUER Mr. Schmidtbauer requested additional street lighting on Echo Circle. He was informed the request would be referred to the Utilities Commission. Mr. Schmidtbauer further complained about refuse service at his apartment building. He has had no refuse pick-up for three months, although he has received statements. There is no dumpster but instead garbage cans within a building, and Junker workmen refuse to pick them up. -10- Council Minutes August 22, 1978 Mayor Black responded he was aware of the problem with refuse pick-up and hopes to get it resolved with Junker. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ap- prove the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 9:22 P.M., upon motion by Alderman Westlund, seconded by Alderman Hunt - work, and unanimously carried. -11-