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05-24-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:35 P.M. with the following mem- bers present: Aldermen Westlund, Haag, and K. Peterson in addition to Mayor Black. Absent: Alderman B. Peterson. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, Community Develop- ment Director Pauley, and City Attorney Schantzen. 2. INVOCATION Due to the absence of a pastor to give the invocation, Mayor Black called for a time of silent prayer. 3. MINUTES On motion by Alderman Westlund, seconded by Alderman Haag, the minutes of the Regular Meeting of May 10, 1977 were approved as amended. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF TRANSFER OF CITY EMPLOYEE FROM PARK DEPARTMENT TO CEMETERY DEPARTMENT Alderman Westlund questioned if Jim Brodd would still be working with the Dutch Elm disease, to which City Engineer/Public Works Director Priebe responded that he would be. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the transfer of Jim Brodd from the Park Department to the Ceme- tery Department effective June 1, 1977 with the recommendation of City Engineer/Public Works Director. Motion carried unanimously. (b) CONSIDERATION OF REQUEST TO MOVE BUILDING INTO CITY SUBMITTED BY FRED ALBERTS, JR. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, with the recommendation of City Engineer and Building Offi- cial, to approve the request of Fred Alberts, Jr. to move a 10' x 15-1/2' new wood frame utility building into the west side yard of his property at Lot 30, Lynn Addition, 934 Second Avenue S.W. Motion carried unani- mously. Q Council Minutes May 24, 1977 (c) CONSIDERATION OF REQUEST TO ACQUIRE ONE -CHANNEL 3M TAPE RECORDER FROM MC LEOD COUNTY SHERIFF'S OFFICE FOR HUTCHINSON POLICE DEPARTMENT Mayor Black commented that Chief of Police O'Borsky had discussed this opportunity with him, and they both feel the 3M tape recorder is worth acquiring for the cost of installation, which will be minimal. The tape recorder would be used to record incoming messages and dispatches in the Police Department. It was moved by Alderman Westlund, seconded by Alderman Haag, to auth- orize Chief of Police O'Borsky to notify the McLeod County Sheriff's Office of the Hutchinson Police Department's interest in acquiring the one -channel 3M tape recorder. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 9/77 - ORDINANCE AMENDING SECTION 520:15 - PLAN -CHECKING FEES After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to waive second reading and adopt Ordinance No. 530 entitled Ordinance Amending Section 520:00 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Building Permit Fees Relating to Building Permit Fees and Plan -Checking Fees. Motion carried unanimously. (b) ORDINANCE NO. 10/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP City Engineer/Public Works Director Priebe requested that the second reading of Ordinance No. 10/77 be deferred until he had received in his office the easement on the property to be rezoned. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the second reading of Ordinance No. 10/77 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in the City of Hutchinson and the Official Zoning Map until the next Council meeting. Motion car- ried unanimously. (c) ORDINANCE NO. 11/77 - ORDINANCE AMENDING SECTION 6.09 OF ORDINANCE NO. 464, ZONING ORDINANCE OF THE CITY OF HUTCHINSON RELATING TO FEES, CHARGES AND EXPENSES After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive second reading and adopt Ordinance No. 532 entitled Ordinance Amending Section 6.09 of Ordinance No. 464, Zoning Ordinance of the City of Hutchinson Relating to Fees, Charges and Ex- penses. Motion carried unanimously. -2- Council Minutes May 24, 1977 (d) ORDINANCE NO. 12/77 - ORDINANCE AMENDING SECTION 235:05 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD RELATING TO APPOINTMENTS AND TERMS After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive second reading and adopt Ordinance No. 533 entitled Ordinance Amending Section 535:05 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Hospital Board Relating to Appoint- ments and Terms. Motion carried unanimously. (e) ORDINANCE NO. 13/77 - AN ORDINANCE REQUIRING A PERMIT FOR THE DEMOLITION OF BUILDINGS AND STRUCTURES Mayor Black pointed out that Ordinance No. 534 will establish a Demoli- tion Permit, but the required deposits, penalties and permit fees will be listed in a Resolution. It was moved by Alderman Westlund, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 534 entitled An Ordinance Requiring A Permit for the Demolition of Buildings and Structures. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5964 entitled Resolution Establishing Deposit, Penalty, and Permit Fees for Ordinance No. 534 Entitled An Or- dinance Requiring a Permit for the Demolition of Buildings and Structures. Motion carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED APRIL 19, 1977 AND MAY 3, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF PARK AND RECREATION BOARD DATED MAY 4, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (c) MINUTES OF BURNS MANOR NURSING HOME DATED APRIL 21, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. (d) MINUTES OF COMMUNITY DEVELOPMENT ADVISORY DATED MARCH 29, 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. -3- Council Minutes May 24, 1977 8. UNFINISHED BUSINESS (a) CONSIDERATION OF 1976 FAU PROJECTS (DEFERRED FROM MAY 10, 1977) City Engineer/Public Works Director Priebe commented on the memorandum that had been submitted to the Council and stated that he needs the assistance from these two agencies. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to authorize the City Engineer/Public Works Director to enter into contract with Rieke Carroll & Muller for general supervision and record keeping services in the amount of $7,200.00 and with Instant Testing Co. for testing services in the amount of $5,200.00 for the FAU Projects. Motion carried unanimously. (b) CONSIDERATION OF APPROVAL OF FIRE DEPARTMENT'S RECOMMENDATION OF BIDS FOR PURCHASE OF RURAL PUMPER FIRE TRUCK BY FIRE CHIEF SMITH (DEFERRED MAY 10, 1977) Fire Chief Smith presented a report on the bids received for a rural pumper fire truck and reported the Townships approved the following recommendations: Plowman's - Truck Chassis $11,372.00 FMC Corporation (Mid -Central Fire & Safety) - Body and Pump 30,000.00 Change Order for Second Pump 4,000.00 It was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the recommended bids of Fire Chief Smith and award contracts to Plowman's for a truck chassis in the amount of $11,372.00 and to FMC Corporation for a body and pump in the amount of $30,000.00 and for a Change Order for a second pump in the amount of $4,000.00. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSES BY HUTCHINSON ELKS NO. 2427: 1. Tartan Park - June 18 & 19, 1977 2. Riverside Park - June 18 & 19, 1977 3. Tartan Park - August 27 & 28, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the request and authorize the issuance of licenses. Motion carried unanimously. -4- Council Minutes May 24, 1977 (b) CONSIDERATION OF REQUEST FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY VERNON HAGEN FOR SIX SUNDAY AFTERNOONS After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request and authorize the issuance of license. Motion carried unanimously. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Black read a copy of the letter mailed to delinquent account holders and asked if there was anyone present wishing to be heard. Mr. Deforest Wagner of Minneapolis appeared before the Council regard- ing the delinquent account in the name of Darryle Krussow for 750 Dale Street. He pointed out that an error had been made in the amount billed to the account and also wondered if a payment had been received from Mr. Krussow. City Engineer/Public Works Director Priebe informed Mr. Wagner that the billing error had been corrected and that a new statement will be sent. He further pointed out that a copy of the same letter mailed to the de- linquent account holder is also mailed to the property owner to keep the owner informed of the status of the delinquent account. Alderman K. Peterson commented on delinquent account No. 8-0840-0-00, which is now her property. She further questioned if service is given an individual who moves from one address to another and has a delinquent account. Alderman Westlund asked City Engineer/Public Works Director Priebe what procedure would be followed where the account holder no longer lives at the address where the bill is owing. City Engineer/Public Works Director Priebe commented on the problems of rental property and stated that water is not turned off if a new tenant is living at that address. The Mayor then stated that service should not be given when a delinquent account exists at a former address, but the City has not been following this practice. City Attorney Schantzen commented that the City needs to adopt a new policy on the procedures to be followed in dealing with delinquent ac- counts. The landlord is responsible for the bill, and the water will either be turned off or the amount owing added to the tax assessment roll. There are too many exceptions, and the City is presently acting as a collection bureau on the delinquent accounts. The property owner can protect himself by requiring a deposit from the tenant. Alderman Haag concurred that the City is in need of such a policy. -5- Council Minutes May 24, 1977 City Attorney Schantzen suggested that Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and he get together to pre- pare a recommendation for the City Council on a new policy for delin- quent water accounts. It was moved by Alderman Westlund, seconded by Alderman Haag, to take the necessary action to collect delinquent accounts. Motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Haag, to auth- orize Administrative Assistant Plotz, City Engineer/Public Works Direc- tor Priebe, and City Attorney Schantzen to prepare a policy for water and sewer delinquent accounts. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY DR. HERBERT BILLMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5965 entitled A Resolution Granting Conditional Use Permit Under Section 5.01 of the 1975 Zoning Ordinance to Allow for Construction of a Combination Office - Apartment Building. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JAMES WENDORFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5966 entitled A Resolution Granting Conditional Use Permit Under Section 5.01 of the 1975 Zoning Ordinance to Allow for Residential Use In a Commercial Structure. Motion carried unanimously. (f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE - SECTION 8.02 (HOME OCCUPATIONS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mayor Black commented on the inconsistencies which exist in the present Zoning Ordinance and felt they need to be amended. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive first reading of Ordinance No. 14/77 entitled Ordinance Amending Ordinance No. 464 of the City of Hutchinson and set second reading for June 14, 1977. Motion carried unanimously. (g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE - SECTION 10.05 (WALL SIGNS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Ulm Council Minutes May 24, 1977 Community Development Director Pauley pointed out that there is a con- tradiction in the Ordinance that needs to be amended. It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive first reading of Ordinance No. 15/77 entitled Ordinance Amend- ing Ordinance No. 464 of the City of Hutchinson and set second reading for June 14, 1977. Motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR ANNEXATION SUBMITTED BY JEFF MUNSELL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer/Public Works Director Priebe reported that Mr. Jeff Munsell has submitted a petition for annexation for property West of Kouwe Street and South of Fifth Avenue Northwest. The property owner's plan is to sub -divide it into four lots. It was moved by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5967 entitled Request for Annexation. Motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY R. C. HORNICK After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request and authorize the issuance of a cigarette license. Motion carried unanimously. (j) CONSIDERATION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT Community Development Director Pauley reported that the application for a Community Development Block Grant is a continuation of the present grant. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the application and waive reading and adopt Resolution No. 5958 entitled Resolution Authorizing Filing of Application for Community Development Block Grant. Motion carried unanimously. (k) CONSIDERATION OF RECOMMENDATION OF EMPLOYEES FOR PUBLIC WORKS DEPARTMENT Mayor Black called on Assistant Public Works Director Roberts for com- ments regarding the summer employees to be hired, to which he responded. After discussion, it was moved by Alderman Haag, seconded by Alderman Westlund, to approve the hiring of the following summer employees. Motion carried unanimously. -7- Council Minutes May 24, 1977 STREET/PARKS/CEMETERY MAINTENANCE Steve Lueneburg James DuHamel Dan Prochnow Douglas Ten Eyck Matthew Griebie John Miller Craig McLain RNP_T NFRR T N_ Joel Bernhagen (E) (E) (E) (E) (N) (N) (N) WATER/SEWER METER INSTALLATION William Haas (E) Ron Tulman (E) Philip Meier (E) Robert Tapper (E) Catherine Duehn (N) (To replace Mike Field who was previously approved.) Those students with past work experience (E) be paid $3.00 per hour and new employees (N) be paid $2.75. One or more of these students will be eligible for CETA assistance. (1) CONSIDERATION OF PROPERTY ACQUISITION Alderman Haag requested more details of the property to be appraised for acquisition. Community Development Director Pauley responded by report- ing the lots are Lots 3, 4, 5 and 10 in Block 29 near Park Towers. It is his recommendation that the City enter into a contract with Roy Frentz and Company to appraise the properties at $175.00 each. Mr. Pauley further commented that HUD has an interest in helping to finance addi- tional housing in Hutchinson to meet a shortage. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to ap- prove the appraisals for property acquisition of Lots 3, 4, 5 and 10 in Block 29 and to authorize the Community Development Director to enter into a contract with Roy Frentz and Company to appraise the properties at $175.00 each. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the Financial Statements and Accountants' Report for the Nine Months Ended December 31, 1976 from the City's auditors, Anderson, Lieser & Thorsen of Minneapolis, were now available. Copies had been distributed to the Council mem- bers, and the auditor had offered to come and answer any questions on the report. Attention was called to the Ordinance, Section 410:00, regarding Auc- tioneers. Mr. Plotz pointed out that there is a limitation of only Ma Council Minutes May 24, 1977 one license for the first 10,000 or less population. This could pre- sent a problem in having any auctions in the new Civic Arena or Armory. A change in the Ordinance could free up more opportunities for sched- uling and increases in revenue for the City. One license has already been secured by Marinus Frank Kauffmann of Minneapolis. An alternative solution to an annual license would be to issue a one -day temporary permit for auctioneers. Mayor Black speculated that the original Ordinance was adopted in tact from one provided from an outside source. He doesn't see any reason why the City has to limit itself in this area. The one sentence could be eliminated and a one -day license be made available at a lesser fee. City Attorney Schantzen commented that he thought the Ordinance was written up in this manner because at the time there was a question about a request. Alderman Westlund remarked that Ralph Neumann, Civic Arena Coordinator, has a concern in this matter since he is interested in scheduling var- ious activities for the Arena. Mayor Black commented that there has to be a control on auctions. He, therefore, recommended that the Auctioneer Ordinance be reviewed and written to offer a short-term license. Administrative Assistant Plotz passed out a drawing of the proposed changes at the front counter of City Hall which was prepared by Don Peterson Constructionfor an estimated cost of $1,087.87. Some suggested changes have been made since the drawing was presented. After due deliberation, the Council instructed the Administrative Assis- tant to request a new quotation on the basis of the proposed changes in the drawings for the front counter. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black reported that he had received a letter of resignation from Rev. Thor Skeie from the Planning Commission and Hutchinson Redevelop- ment Authority. It was moved by Alderman Westlund, seconded by Alderman Haag, to accept the resignation of Rev. Thor Skeie from the Planning Commission and the Hutchinson Redevelopment Authority. Motion carried unanimously. Mayor Black appointed Donald E. Erickson to the Planning Commission to fill the unexpired term of Rev. Thor Skeie to March 31, 1981, and asked for suggestions for the HRA Board. Council Minutes May 24, 1977 It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to ratify the appointment of Donald E. Erickson to the Planning Commis- sion for the unexpired term of March 31, 1981. Motion carried unani- mously. Mayor Black reported that he had surveyed the scene of the recent acci- dent of the Hutchmobile and a motorcycle. He commented that he thought the 50 M.P.H. speed limit in that area was too high and should be re- duced to 40 M.P.H. out to Shady Ridge Road. Alderman Westlund pointed out that this same request has been made be- fore, to no avail. City Engineer/Public Works Director Priebe commented that he had dis- cussed the matter with district highway officials, but they are more concerned with moving the traffic. The first step toward getting action would be a formal request for a speed study, and he thought it should include all state highways in the City. Mr. Priebe, therefore, recom- mended a resolution requesting a traffic study by the Minnesota Depart- ment of Transportation. It was moved by Alderman Westlund, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5968 entitled Resolution Requesting Traffic Study by Minnesota Department of Transportation. Motion car- ried unanimously. Mayor Black commented on the recent annexation of the Clifton Heights area on Highway 7 East and stated it will be effective May 31, 1977. (c) COMMUNICATIONS FROM ALDERMAN WESTLUND Alderman Westlund referred to the Airport Master Plan, Alternative 5 (4,000 feet) which was adopted -it the May 10, 1977 Council meeting. He then re -opened the discussion on the airport and commented on Johnson Bros. Corporation's interest in bringing the company jet into the Hutch- inson airport or else going to Willmar. He felt this would help bring in other businesses. Alderman Westlund wondered if the City should meet the needs of Johnson Bros. He felt that if the City had accommo- dations, perhaps 3M and other businesses would use the facilities as well. Mr. Westlund suggested that the planners be consulted before we proceed. Community Development Director Pauley responded that the planners were aware of the interest Johnson Bros. Corporation of Litchfield had in the airport plans and had taken this into consideration when the study was done. 3M was also surveyed, and they indicated no need for a run- way longer than that proposed (4,000 feet). A longer runway (5,000 feet) would present problems with the Vineyard Methodist Church and other properties in the area and would. require relocating the present one. -10- Council Minutes May 24, 1977 Then easements would have to be purchased, which would not be reim- bursed by state or federal funds. Mr. Pauley felt there was no jus- tification for the additional 1,000 feet and the additional acquisition of property. He further pointed out that the adopted Master Plan and crosswind runway met the requirements for securing funding for the air- port. Mayor Black commented that St. Paul is too close to Hutchinson to make it feasible for 3M to use the Hutchinson airport for their corporate jet. Alderman Westlund commented that he had asked Administrative Assistant Plotz to write Johnson Bros. Corporation and ask what their needs are. He stated that several people have told him that the City Council should consider this request as it could mean a lot to the community. (d) COMMUNICATIONS FROM ALERMAN HAAG Alderman Haag reported that the appointment of the seventh member to the Hospital Board was not part of the business at the last Hospital Board meeting, but a member will be appointed soon. Mr. Haag commented on the report prepared showing parking revenue and expenses. He pointed out that there is not enough money coming in to repair the parking meters and felt that a study should be done on this matter. Alderman Haag inquired about the Annual Employees Picnic and wondered if the City planned to have one this year. It was the general consen- sus of the Council members that there should be a picnic again this year. (e) COMMUNICATIONS FROM ALDERMAN K. PETERSON Alderman K. Peterson announced that the Minnesota News carried an article on the new Hutchinson West River Park Campground. Mayor Black then asked if there would be signs posted in West River Park directing campers to the camping grounds. Community Development Direc- tor Pauley reported that the signs are in the process of being prepared. He further commented that about $30 a weekend has come in since the camp site was opened, and campers are from all over the state as well as out- of-state. Alderman K. Peterson said she has received some comments about the new City Directory being prepared and wondered if it is a legitimate book. She was informed that the Polk Directory is put out by a reputable firm, and the City has purchased previous copies. -11- Council Minutes May 24, 1977 (f) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR PRIEBE City Engineer/Public Works Director Priebe presented a bill which had been presented by the Vietnamese renters of the City -owned house. They had requested a discount of $18.71 on their rent for the next month to cover the cost of the statement for repairs. Mayor Black felt that since the statement covered service for normal maintenance, it should not be reimbursed. Mr. Priebe made reference to the two lots for sale in the flood fringe which the Council had authorized him to purchase at the May 10, 1977 meeting if funds were available. He reported that funds are on hand for the two lots at $1,500 per lot, and that the abstract has been received for drawing up a deed. Mr. Priebe further reported that one property owner has not been cooper- ative in allowing the installation of an outside water meter. A letter has been sent requesting a designated time and date for installation, but no response has been received to date. Several calls have been received regarding Dutch Elm disease on trees. Actually the trees are going through a heavy seeding cycle and in most cases do not have the disease, but samples are being sent in for test- ing. Mayor Black commented that Legislature recently passed a Dutch Elm Disease Bill for grants, and the City should find out about getting funds through this program. 11. CLAIMS. APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman K. Peterson, to approve the verified claims and authorize payment from the appropri- ate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:30 P.M. on motion by Alderman Westlund, seconded by Alderman Haag. Motion carried unanimously. -12-