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10-10-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 10, 1978 1. CALL TO ORDER The meeting was called to order at 7:30 P.M. by Mayor Black, with the following members present: Aldermen Westlund, Peterson, Gruenhagen, and Huntwork, in addi- tion to Mayor Black. Absent: None. Also present were: Administrative Assistant Plotz and Acting City Attorney Curt Bradford. 2. INVOCATION The Reverend James Lauer of the Peace Lutheran Church gave the invocation. 3. MINUTES The minutes of the Regular Meeting dated September 26, 1978 and Special Meeting dated October 6, 1978 were approved upon motion by Alderman Westlund, seconded by Alderman Gruenhagen, and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) ESTABLISH BOUNDARIES OF DOWNTOWN DEVELOPMENT DISTRICTS NO. 1 & 2 Mayor Black read the Notice of Public Hearing, Publication No. 2101, calling for a public hearing to establish the tax increment boundaries of the Down- town Development Districts No. 1 & 2. He then presented a brief background on the changes that have occurred in the city since the Comprehensive Plan of 1959 was prepared. An update of the Comprehensive Plan, as well as several other studies, has been done. Mr. Clarence Simonowicz of C.R.S. has been work- ing with the city to improve the downtown area and try to attract more busi- nesses in this area rather than on the outskirts of the city. The Tax Increment Law enables the city to acquire land and then turn it over to a developer. Research has been done on the legal aspects of the tax in- crement districts, and all tax entities affected have been advised of the city's plans, i.e., County Board of Commissioners and the Board of Education. These two boards have been asked to respond by adoption of a resolution either supporting or opposing the tax increment districts. Mayor Black reported the response of the County Board was passive, but the Board of Education adopted a resolution of support at their meeting this evening. Mr. Clarence Simonowicz of C.R.S. presented a report on the Downtown Develop- ment Districts No. 1 & 2 and pointed out the various areas on prepared draw- ings. He further commented that cities the size of Hutchinson can form a dis- trict based on one of three criteria: (1) 1% of total acreage per district (3% total acreage), (2) 5% of market value per district (10% total market value), and (3) one district no more than 6 acres. F a', Council Minutes October 10, 1978 Mayor Black commented that it is not the intent of the city to go into develop- ment projects to acquire any property, do any demolition, or other activity without first having a firm commitment with security from a developer. If and when the city reaches this stage, the acquisition would be done through nego- tiations with the property owner and an acquisition price established. Re- location funds would be available for those who need to move. Mr. Clifford Popp, Fifth District County Commissioner, reported the County Board of Commissioners was neutral on the tax increment boundaries. Mrs. Orval Satterlee inquired about the time schedule for projects inasmuch as she lives in the development area. She also wondered how long a period of time the property owner would have to relocate and if the property would be used for parking rather than a swimming pool as first planned. Mayor Black responded that no definite time schedule has been established. Once there is assurance that a project will be going on a particular site, the site preparation begins. If and when these developments occur, the city will be helpful and compassionate with the people concerned. Mr. Simonowicz stated that if the city purchased property, it would pay the value at the time of purchase. Home owners could receive up to $15,000 in addition to the value of their home for relocation costs and the city cannot take possession until the property owner has found another suitable location. Mrs. Erick Riesberg inquired where the Community Center would be located. Mayor Black responded the tentative location is Second Avenue and Glen Street, but this could be changed. It was moved by Alderman Westlund to close the hearing at 8:35 P.M. Seconded by Alderman Gruenhagen, the motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Peterson, to waive the reading and adopt Resolution No. 6224 entitled Creating Development Dis- trict Boundaries. Motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to waive the reading and adopt Resolution No. 6238 entitled Requesting Certification of Base Assessed Valuation. Motion unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY THE BIG "C" DRIVE-IN TO HAVE REFUSE PRIVATELY HAULED -2- Council Minutes October 10, 1978 Mayor Black referred to the contract held with Junker Sanitation for refup^ hauling. It was his opinion that the city could not issue a second permit for private hauling, but the Big "C" Drive In could haul their own refuse. The letter was then referred to Alderman Westlund for him to contact Junker. Mr. Merrill Johnson, owner of a 8-plex apartment building, raised a grievance against Junker regarding his fees for sanitation service. This matter was also referred to Alderman Westlund for contact with Junker. (b) CONSIDERATION OF REQUEST BY HUTCHINSON EDUCATIONAL AIDES AND OFFICE EDUCATION ASSOCIATION TO USE LIBRARY SQUARE ON OCTOBER 16, 1978 FOR ANNUAL ROCK-A-THON After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to approve the request of the Hutchinson Educational Aides and Of- fice Education Association to use Library Square on October 16, 1978 for their annual Rock-A-Thon. Motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6218 - ACCEPTING $50,000 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive the reading and adopt Resolution No. 6218 entitled Accept- ing $50,000 from the Hutchinson Utilities Commission. Motion unanimously car- ried. (b) RESOLUTION NO. 6223 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Peterson, seconded by Alderman Huntwork, to waive the reading and adopt Resolution No. 6223 entitled Trans- ferring $10,000 from Liquor Store to General Fund. Motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - SEPTEMBER 1978 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON CIVIC ARENA BOARD DATED SEPTEMBER 20, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED SEPTEMBER 19, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. -3- Council Minutes October 10, 1978 8. UNFINISHED BUSINESS (a) CONSIDERATION OF APPOINTMENT OF BRUCE ERICSON AS RECREATION DIRECTOR Following discussion, a motion was made by Alderman Peterson to approve the appointment of Bruce Ericson as Recreation Director. Seconded by Alderman Westlund, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSED 1979 PUBLIC WORKS IMPROVEMENTS (PROJECTS 79-01, 79-02, 79-03, 79-04, 79-05 AND 79-06) Alderman Huntwork raised several questions on the proposed 1979 projects, to which the Mayor responded. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6212 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-01). Motion unani- mously carried. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6213 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-02). Motion unani- mously carried. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6214 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-03). Motion unani- mously carried. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6215 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-04). Motion unani- mously carried. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6216 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-05). Motion unani- mously carried. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6217 entitled Resolution Ordering Preparation of Report on Improvements (Project 79-06). Motion unani- mously carried. -4- Council Minutes October 10, 1978 (b) CONSIDERATION OF OVERDUE CEMETERY ACCOUNTS Continuous billings have had no affect on securing payments on overdue cemetery accounts. Therefore, the Director of Public Works requested a recommendation from the Council on the matter. It was the recommendation of the Mayor to defer this matter and refer it to the City Attorney for review. A motion was made by Alderman Peterson, seconded by Alderman Huntwork, to defer action on the overdue cemetery accounts. Motion unanimously carried. (c) CONSIDERATION OF APPLICATION FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR GODFATHER'S PIZZA Following discussion, it was moved by Alderman Peterson to approve the appli- cation by the Godfather's Pizza and issue an "On -Sale" Non -Intoxicating Malt Liquor License. Seconded by Alderman Westlund, the motion unanimously carried. (d) CONSIDERATION OF REQUEST FOR VARIANCE FOR MODERN BUILDING SYSTEMS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, a motion was made by Alderman Peterson, that with favorable recommendation of the Planning Commission, to waive reading and adopt Resolu- tion No. 6219 entitled Resolution Granting Variance from Section 6.05, B-3 of the Zoning Ordinance No. 464 for Sideyard Setback for Construction of a Build- ing. Seconded by Alderman Westlund, the motion unanimously carried. (e) CONSIDERATION OF TRANSFERRING EMPLOYEE FROM PARK DEPARTMENT TO CEMETERY DEPARTMENT Following discussion, it was moved by Alderman Westlund to approve the trans- fer of Floyd Groehler from Park Department to Cemetery Department, effective October 15, 1978. Seconded by Alderman Huntwork, the motion unanimously car- ried. (f) CONSIDERATION OF DEMOLITION OF CITY -OWNED HOUSE Since the tenants in the city -owned house at 26 Franklin Street North have moved out, it is the recommendation of the City Engineer to have this house demolished by Harold Juul at a cost of $200, with the city staff assisting in hauling rubbish. After discussion, Alderman Westlund made the motion to approve the demolition of the house at 26 Franklin Street North, with work to be done by Juul Con- tracting at a cost of $200. Seconded by Alderman Peterson, the motion unani- mously carried. -5- Council Minutes October 10, 1978 (g) CONSIDERATION OF PART-TIME POLICE DISPATCHER After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Westlund, to approve the hiring of Kathleen Christensen as a part-time police dispatcher. Motion unanimously carried. (h) CONSIDERATION OF APPLICATION FOR CETA FUNDS Region 6E has informed the city that CETA funds should be available for the next funding cycle and are soliciting project applications. If approved, the funds could be used in the Public Works Department and the Civic Arena. After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to authorize the filing of a CETA application for funds. Motion unanimously carried. (i) CONSIDERATION OF RESIGNATION OF JAMES BRODD Following discussion, Alderman Peterson made the motion to accept the resig- nation of James Brodd, effective October 23, 1978. Seconded by Alderman West- lund, the motion unanimously carried. It was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6231 entitled Resolution of Appreciation. Motion unanimously carried. (j) CONSIDERATION OF RETIREMENT DATE EXTENSION FOR CLYDE DRAHOS Clyde Drahos of the Water Department has requested an extension of retirement from September 2, 1979 to October 1, 1979 so he can achieve 21 years of em- ployment with the city. Following discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to approve the extension of retirement date for Clyde Drahos. Mo- tion unanimously carried. (k) CONSIDERATION OF REQUEST FOR AN EXCLUSIVE OFF -SALE WINE AND CHEESE STORE IN HUTCHINSON Mr. Chuck Whitmore of Algona, Iowa requested permission to open an exclusive Off -Sale Wine and Cheese Store in Hutchinson, which would require an off -sale liquor license. It was the consensus of the City Council that such an operation would be in competition with the municipal liquor store. A motion was made by Alderman Westlund, seconded by Alderman Huntwork, to Council Minutes October 10, 1978 reject the request for opening an exclusive Off -Sale Wine and Cheese Store in Hutchinson. Motion unanimously carried. (1) CONSIDERATION OF ADDITIONAL SERVICES FOR COMPREHENSIVE PLAN BY T.K.D.A. Consultant Westly Hendrickson from T.K.D.A. informed the City Council that additional services will be required by his firm to make necessary changes in the Comprehensive Plan Report during the Comprehensive Plan adoption process. The maximum fee for the work will not exceed $350.00. Following discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to authorize the signing of the contract with T.K.D.A. Motion unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the Hutchinson Airport is no longer delinquent in zoning with the Minnesota Department of Aeronautics, and the city has met all the requirements. Word was also received today that the preliminary draft of the Zoning Ordinance was approved and paperwork has been started on the non -directional beacon. Officials came out on October 6, 1978 to select the site for the beacon at the airport. It will be about 12 months before the beacon is installed and operating. Mr. Plotz made mention that Dean Nelson, Airport Manager, had reported he has another job offer and might consider leaving Hutchinson. If such a decision is made, he will give a 30 -day written notice to the city. Mr. Plotz showed pictures of the ditch line on School Road and Roberts Road before the improvement work was done in that area. A problem has come up where curb was installed and fill put on lots for about 40 feet in depth. One property owner had just sodded his front lawn, and now it is covered with dirt. Mayor Black felt that since the city had disrupted the property, it should be put back into order. After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, that wherever private property is damaged by city crews, it is to be put back into order at the expense of the city. Motion unanimously carried. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black reported that Erwin Haag had resigned from the "Seniors Activity Center" Advisory Board. He then appointed Erna (Mrs. John) McKenzie from the Senior Citizens Club to fill the unexpired term. -7- Council Minutes October 10, 1978 It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ac- cept the resignation of Erwin Haag. Motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Huntwork, to ratify the appointment of Erna McKenzie to the "Seniors Activity Center" Advisory Board. Motion unanimously carried. Mayor Black further appointed Joan Phillips, as representative of the Nutri- tion for the Elderly, to be on the "Seniors Activity Center" Advisory Board. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ratify the appointment of Joan Phillips. Motion unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, 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 9:00 P.M. upon motion by Alderman Westlund, seconded by Alderman Gruen- hagen, and unanimously carried. �S�