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09-26-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 26, 1978 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following members present: Aldermen Westlund, Peterson, Gruenhagen, and Huntwork, in addition to Mayor Black. Absent: None. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The Reverend R. S. Crouse of the Assembly of God Church gave the invocation. 3. MINUTES The minutes of the Regular Meeting dated September 13, 1978 were approved upon motion by Alderman Westlund, seconded by Alderman Huntwork, and unanimously carried. 4. PUBLIC HEARING - 9:00 P.M. (a) CONSIDERATION OF PROPOSED 1979 BUDGET Clarice Coston, Executive Vice President of the Chamber of Commerce, pre- sented to the Council numerous letters requesting summer band concerts be resumed in Library Square. Mrs. Coston asked that the expense of such con- certs be included in the 1979 budget. Mayor Black reported that the concerts had been discontinued due to a lack of interest on the part of the citizens. After attendance declined, the appro- priated $1,000 for band concerts was dropped from the budget. Mrs. Bruce Kopesky inquired about the functions of the Bike Safety Patrol Officer and expressed concern about the money expended for this position. Personnel Coordinator Sitz informed Mrs. Kopesky that the Bike Safety Patrol Officer is a work-study student from HAVTI, and the City pays only 20% of his hourly wage. The motion to close the hearing was made by Alderman Westlund, seconded by Alderman Peterson, and unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO AUTHORIZE HAZEL SITZ TO ATTEND ANNUAL MEETING OF MINNESOTA PUBLIC TRANSIT ASSOCIATION OCTOBER 11-12, 1978 After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen, to approve the request of Hazel Sitz to attend the annual meeting of the Minnesota Public Transit Association. Motion unanimously carried. 9. Council Minutes September 26, 1978 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6204 - RESOLUTION AMENDING RESOLUTION NO. 6177, PRECINCT #5 ELECTION JUDGES, STATE GENERAL ELECTION ON TUESDAY, NOVEMBER 7, 1978 Following discussion, it was moved by Alderman Westlund, seconded by Alder- man Peterson, to waive reading and adopt Resolution No. 6204 entitled Reso- lution Amending Resolution No. 6177, Precinct #5 Election Judges, State Gen- eral Election on Tuesday, November 7, 1978. Motion unanimously carried. (b) RESOLUTION NO. 6209 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6209 entitled Transferring $10,000 from Liquor Store to General Fund. Seconded by Alderman Gruenhagen, the motion unanimously carried. (c) RESOLUTION NO. 6210 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6210 entitled Resolu- tion Authorizing Release of Securities to First National Bank of Hutchinson, Minnesota. Motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF PARK AND RECREATION BOARD DATED SEPTEMBER 6, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED SEPTEMBER 5, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MONTHLY FINANCIAL REPORT - AUGUST, 1978 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF SPECIAL MEETING OF HUTCHINSON PLANNING COMMISSION DATED SEPT. 5, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -2- Council Minutes September 26, 1978 (e) MINUTES OF TRANSPORTATION BOARD DATED SEPTEMBER 13, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AMENDING RESOLUTIONS NO. 6122, 6123, 6124, AND 6125 INCREASING OFFER VALUES AS RECOMMENDED BY THE CERTIFIED APPRAISER Administrative Assistant Plotz reported that the three court-appointed ap- praisers for the friendly condemnation suit were unable to agree on valua- tions of the property for the elderly high rise. The City's appraiser, C. R. Pelton & Associates, re-evaluated the property and increased the amounts by 10%. The property owners were agreeable to the amended appraisal figures, and City Attorney Schantzen has prepared purchase agreements. Mr. Schantzen commented that two of the purchase agreements have been signed. The McLeod County Historical Society will be allowed one year to remove the historical musuem to a new site, with a closing date of November 1, 1979. It was moved by Alderman Westlund to accept the amended appraisals and ap- prove the purchase agreements for the elderly high rise site properties. Seconded by Alderman Peterson, the motion unanimously carried. Alderman Westlund moved to waive reading and adopt Resolution No. 6205 en- titled Resolution Amending Resolution No. 6122 Establishing Just Compensa- tion for Lots 1 & 2, Block 15, South Half of City. Seconded by Alderman Pet- erson, the motion unanimously carried. Alderman Westlund moved to waive reading and adopt Resolution No. 6206 en- titled Resolution Amending Resolution No. 6123 Establishing Just Compensa- tion for Lots 9 & 10, Block 15, South Half of City. Seconded by Alderman Peterson, the motion unanimously carried. Alderman Westlund moved to waive reading and adopt Resolution No. 6207 en- titled Resolution Amending Resolution No. 6124 Establishing Just Compensa- tion for Lot 8, Block 15, South Half of City. Seconded by Alderman Peterson, the motion unanimously carried. Alderman Westlund moved to waive reading and adopt Resolution No. 6208 en- titled Resolution Amending Resolution No. 6125 Establishing Just Compensa- tion for Lots 6 & 7, Block 15, South Half of City. Seconded by Alderman Pet- erson, the motion unanimously carried. -3- Council Minutes September 26, 1978 (b) CONSIDERATION OF SELECTING A MOTEL PROPOSAL Mayor Black summarized past action relating to motel proposals. The Council had adopted Resolution No. 6159 which established guidelines for a motor inn/ motel type proposal and called for proposals to be due at City Hall at noon on September 12, 1978. Two proposals were received on that date, namely, Frank Fay Realty representing Travel Host and A & P Group representing Holi- day Inn. The Mayor further remarked he would like to go on record with a resolution in favor of working with the A & P Group to locate a Holiday Inn in Hutchin- son, with arrangements that would be economically feasible. Information on the status of a franchise should be available within the next 30 days. Alderman Westlund pointed out that the Travel Host had not submitted a de- tailed proposal as requested in the resolution. Holiday Inn had met the re- quirements, and it would work in with the downtown development plan. He felt, however, that the Travel Host should not be turned away in the event the franchise did not materialize for the Holiday Inn. It was moved by Alderman Westlund to accept the A & P Group's proposal and to waive reading and adopt Resolution No. 6211 entitled Selection of Holiday Inn Motel Proposal. Seconded by Alderman Huntwork, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF FUTURE PLANS FOR NUTRITION PROGRAM FOR THE ELDERLY IN HUTCHINSON Mr. James D. Carlson, Project Director for the Nutrition Program for the Elderly, reported to the Council that their present site is no longer available inas- much as the West Central Community Services needs the space for additional offices. Negotiations are being made with the National Guard Armory to use their facility for the next year or two. After that time the program will again be in need of a location. Mr. Carlson pointed out that Title V Grants are available for remodeling existing buildings for senior program uses and are set up on a 90-10 match basis. He would like to see a permanent site established in Hutchinson since the program has grown from 1974 when it ini- tially began. A Senior Citizen Center could provide many different services, and the nutrition program would be just one phase. Mayor Black thanked Mr. Carlson for his presentation and commented that in the downtown development plan there is a project for a community building which would have facilities available for a senior citizens program. No date, however, has been set for construction. -4- Council Minutes September 26, 1978 (b) CONSIDERATION OF FUNDING FOR MINNESOTA PIONEERLAND PRESENTED BY LLOYD VOLLMER Mr. Lloyd Vollmer, Executive Director of Minnesota Pioneerland, gave a presen- tation to the Council regarding his publication. He has met with the Cham- ber of Commerce in the past, but he needs money appropriated by the City in order to obtain state matched funding and to advertise the City of Hutchinson in the publication. A new Agri -Tour Guide is being produced which will in- clude Hutchinson regardless of whether or not it contributes funds. Mr. Vollmer suggested the City appropriate $300 to Minnesota Pioneerland, and the Chamber of Commerce has agreed to give an equal amount, for a half page ad. After discussion, it was the consensus of the Council that Hutchinson should be included in this publication, but a final decision would be made after the budget meeting on Friday morning. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to defer action on this matter. Motion unanimously carried. (c) CONSIDERATION OF BIRD ISLAND JOINING CROW RIVER REGIONAL LIBRARY The City of Bird Island has requested to join the Crow River Regional Library System, and it is the recommendation of the Crow River Regional Library Board that the request be approved by the other participating cities. After discussion, it was moved by Alderman Westlund to approve Bird Island joining the Crow River Regional Library System and authorize the Mayor and City Clerk to enter into signing the agreement. Seconded by Alderman Hunt - work, the motion unanimously carried. (d) CONSIDERATION OF REIMBURSEMENT EXPENSE OF EMPLOYEE COURSE Personnel Coordinator Sitz attended a class at the Metropolitan State Uni- versity and has requested reimbursement for one-half of her total expense ($80.00). After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to approve reimbursement of one-half the expense to Hazel Sitz. Motion unanimously carried. (e) CONSIDERATION OF EXTENDING DOWNTOWN DEVELOPMENT CONTRACT WITH C.R.S. & ASSOC. The contract with C.R.S. & Associates expired on August 31, 1978, and it is requested that the professional services for the Downtown Development Plan be extended to December 31, 1978. -5- Council Minutes September 26, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to approve extending the professional services contract with C.R.S. & Associates to December 31, 1978. Motion unanimously carried. (f) CONSIDERATION OF REFUND TO FARMER'S INSURANCE GROUP On November 22, 1977 a fire hydrant was damaged as a result of an accident. The estinate to repair the hydrant was for $800.00, and payment in this amount was received from Farmer's Insurance Group. When repair work was done on the hydrant, the actual cost was $241.45. It is, therefore, recom- mended that a refund of $558.55 be returned to Farmer's Insurance Group. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to refund the amount of $558.55 to Farmer's Insurance Group. Mo- tion unanimously carried. (g) CONSIDERATION OF DELINOUENT WATER AND SEWER ACCOUNTS Mayor Black read a copy of the letter sent to all delinquent account holders. 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 on October 2, 1978 for the following accounts: 4-0545-0-00, 4-0850-8-00, 11-1155-2-00, 12-0170- 0-00, 12-0175-2-00, 12-0690-0-00, 12-1165-0-00, and 16-0362-1-00; and 12-0815- 2-00 to be discontinued October 10, 1978 if not paid as promised. Seconded by Alderman Gruenhagen, the motion unanimously carried. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MADELINE SCHULTZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund to approve the Condi- tional Use Permit upon recommendation of Planning Commission and to waive reading and adopt Resolution No. 6197 entitled Resolution Granting Condi- tional Use Permit under Section 6.07, C-3 of the 1975 Zoning Ordinance to Allow Improvements on Property. Seconded by Alderman Huntwork, the motion unanimously carried. (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GOEBEL FIXTURE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Westlund moved that upon recommendation of Plan- ning Commission to approve the variance and waive reading and adopt Resolu- tion No. 6198 entitled Resolution Granting Variance from Section 6.05, B-3 of the Zoning Ordinance No. 464 to Construct A Warehouse Addition for Stor- age of Wood Products. Seconded by Alderman Huntwork, the motion unanimously carried. Council Minutes September 26, 1978 (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT FOR TEXGAS CORP. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6199 entitled Resolution Granting Conditional Use Per- mit Under Section 6.07, IC -1 of the 1975 Zoning Ordinance to Allow Construc- tion of Office Building. Seconded by Alderman HLntwork, the motion carried with Alderman Peterson abstaining from voting. (k) CONSIDERATION OF REQUEST FOR PLANNED UNIT DEVELOPMENT FOR STONEY POINT THIRD ADDITION WITH PRELIMINARY PLAT TO INCLUDE A MAXIMUM OF TWO UNITS PER LOT, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer/Public Works Director Priebe explained that a Planned Unit Development would allow constructed duplexes to be sold separately. After discussion, it was moved by Alderman Westlund that with favorable recom- mendation of the Planning Commission to waive reading and adopt Resolution No. 6200 entitled Resolution Granting Approval to Final Plan for P.D. 78-1 for Stoney Point Third Addition Submitted by Richard Smith. Seconded by Alderman Peterson, the motion unanimously carried. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY BETHLEHEM UNITED METHODIST CHURCH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Peterson moved that with favorable recommendation of the Planning Commission to waive reading and adopt Resolution No. 6201. entitled Resolution Granting Conditional Use Permit Under Section 6.07, C-5 of the 1975 Zoning Ordinance to Operate A Nursery School Program. Seconded by Alderman Westlund, the motion carried unanimously. (m) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY DR. W. W. WHITE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Westlund that with favorable recom- mendation of the Planning Commission to waive reading and adopt Resolution No. 6202 entitled Resolution Granting Variance from Section 6.05, B-3 of the Zoning Ordinance No. 464 for Reduction In the Required Amount of Off -Street Parking. Seconded by Alderman Peterson, the motion carried unanimously. (n) CONSIDERATION OF CHAMBER OF COMMERCE POSITION STATEMENT ON SOLICITATIONS DURING COMMUNITY SPONSORED FUNCTIONS Administrative Assistant Plotz reported on the background of instances dur- ing this year's Crazy Days where outsiders tried to sell merchandise which led to the issuance of a Position Statement by the Chamber of Commerce. The -7- Council Minutes September 26, 1978 Chamber, therefore, wishes to have the City enforce its ordinance regarding use of public streets and sidewalks. Mayor Black remarked that it is required for the Chamber of Commerce to re- quest permission from the City Council to sell merchandise and goods on pub- lic sidewalks during Crazy Days. This action would prevent outside sellers from participating. He further commented that no action needs to be taken on the Position Statement, but the Police Department will be instructed to enforce the ordinance under discussion. (o) CONSIDERATION OF PUBLIC TRANSIT AID CONTRACT AMENDMENT Administrative Assistant Plotz reported that he and the City Accountant had requested the Department of Transportation extend the existing Transit Aid Contract through December 31, 1978 to coordinate with the City's calendar fiscal year. The request was approved by the Department of Transportation, and the contract amendment needs Council approval. Following discussion, Alderman Westlund made the motion to authorize the Mayor and City Clerk to sign the amended Public Transit Aid Contract. Sec- onded by Alderman Huntwork, the motion unanimously carried. (p) CONSIDERATION OF SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS Mayor Black summarized the background of the lawsuit in which the City of Richfield is challenging the compulsory binding arbitration provisions of the Minnesota Public Employees Labor Relations Act. He further stated that he favors the City of Hutchinson supporting Richfield by signing the proposed resolution and contributing $100 toward the cost of appealing this lawsuit to the Minnesota Supreme Court. Following discussion, Alderman Westlund moved to authorize a $100 contribu- tion to the City of Richfield and to waive reading and adopt Resolution No. 6203 entitled Resolution Supporting City of Richfield Lawsuit Contesting PELRA Compulsory Binding Arbitration Provisions. Seconded by Alderman Gruen- hagen, the motion unanimously carried. (q) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY T. L. SCALAWAGS Following discussion, it was moved by Alderman Gruenhagen to approve the application by T. L. Scalawags for a cigarette license. Seconded by Alder- man Peterson, the motion unanimously carried. (r) CONSIDERATION OF APPOINTMENT OF MARY SCHMALZ AS RECREATION DIRECTOR Council Minutes September 26, 1978 Mayor Black reported the applicant, Mary Barrick Schmalz, had telephoned prior to the Council meeting to inform them she would be unable to accept the position due to family complications. Discussion followed on an alternative choice for Recreation Director. It was moved by Alderman Peterson to offer the position of Recreation Direc- tor to Jeff Hoeft. Seconded by Alderman Westlund, the motion unanimously carried. (s) CONSIDERATION OF RESIGNATION OF DOUGLAS TEN EYCK Following discussion, it was moved by Alderman Westlund, seconded by Alder- man Gruenhagen, to accept the resignation of Douglas Ten Eyck effective September 22, 1978. Motion unanimously carried. (t) CONSIDERATION OF APPOINTMENT TO UTILITIES COMMISSION FOR SIX-YEAR TERM Mayor Black re -appointed Herb Filk to the Utilities Commission for another six-year term and asked for Council ratification. The motion was made by Alderman Huntwork, seconded by Alderman Westlund, and unanimously carried, to ratify the appointment of Herb Filk to the Utilities Commission. (u) CONSIDERATION OF EMPLOYMENT OF TWO POLICE RESERVE OFFICERS Police Chief O'Borsky has requested the employment of Don Pankake and Tim Schloeder as Police Reserve Officers. After discussion, Alderman Peterson moved to approve the employment of the two above-mentioned Police Reserve Officers. Seconded by Alderman Westlund, the motion unanimously carried. (v) CONSIDERATION OF HIRING PART-TIME BUS DRIVER Following discussion, it was moved by Alderman Peterson to approve the em- ployment of Juanita J. Rea as a part-time bus driver. Seconded by Alderman Gruenhagen, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on a recent meeting of the Airport Zoning Board. After the Board reviewed the proposed Airport Zoning Ordi- nance for Hutchinson, they instructed the consultant from TKDA to send a draft to the Division of Aeronautics for the Commissioner's approval. Con- tingent upon his approval, the Zoning Board will set a public hearing date Wom Council Minutes September 26, 1978 in Novmber when they meet on October 19, 1978. Mr. Plotz commented on a meeting held today with the County Board to dis- cuss tax increment plans. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black commented on a Council and HRA Board meeting held at noon on September 25, 1978 to discuss methods of development for the senior high rise. The general consensus of the HRA Board was to have the project developed by a private developer, but they would like to have input on the planning of the facility. No official action was taken on the matter. The consensus of the Downtown Development Committee is also to have the high rise developed by a developer. A funding date is coming up in the near future so it will be necessary to authorize someone to enter into some kind of negotiation so an agreement can be reached. Mayor Black then suggested the Council authorize an individual to enter into discussion with the A & P Group regarding development of the high rise. It was moved by Alderman Westlund to authorize Mayor Black to enter into negotiations with the A & P Group regarding the senior high rise development. Seconded by Alderman Gruenhagen, the motion unanimously carried. Mayor Black made reference to the bridge opening on September 20 and read two letters received after the event occurred from Don Kost and Frank Fleet - ham. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schantzen informed the Council that the jury trial for Lowell Otto vs. the City will begin on Wednesday, September 27, 1978. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Huntwork, to approve the verified claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 10:00 P.M. upon motion by Alderman Westlund, seconded by Alderman Hunt - work, and unanimously carried. -10-