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08-09-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 9, 1977 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M. with the following members present: Aldermen Westlund, Haag, and K. Peterson in addition to Mayor Black. Absent: Alderman B. Peterson. Also present were: Adminis- trative Assistant Plotz, City Engineer/Public Works Director Priebe, Com- munity Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION In 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 July 26, 1977 and Special Meeting of August 5, 1977 were unanimously approved and the minutes of Special Meeting of July 29, 1977 were approved as amended. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR KENNETH MERRILL AND GARY D. PLOTZ TO ATTEND BASIC BUDGETING FOR MUNICIPALITIES ON AUGUST 18, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to authorize the expenditure for Kenneth Merrill and Gary D. Plotz to attend the Basic Budgeting for Municipalities Workshop on Aug- ust 18, 1977. Motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR DOROTHY BRAUN TO ATTEND FOURTH ANNUAL MINNESOTA TRANSIT CONFERENCE ON AUGUST 25 AND 26, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to authorize the expenditure for Dorothy Braun to attend the Transit Conference in St. Cloud on August 25-26, 1977. Motion carried unanimously. Council Minutes August 9, 1977 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 18/77 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERN- ING ZONING REGULATIONS IN CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Haag, to waive second reading and adopt Ordinance No. 539 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in City of Hutchinson and the Official Zoning Map. Motion carried unanimously. (b) ORDINANCE NO. 20/77 - AN ORDINANCE PROHIBITING THE CONSUMPTION OR POSSES- SION OF INTOXICATING LIQUOR OR NONINTOXICATING MALT LIQUOR WITHIN OR UPON THE PUBLIC PARKS AND PLAY GROUNDS OF THE CITY OF HUTCHINSON BETWEEN CER- TAIN HOURS WITHOUT WRITTEN PERMIT After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive second reading and adopt Ordinance No. 541 en- titled An Ordinance Prohibiting the Consumption or Possession of Intoxi- cating Liquor or Nonintoxicating Malt Liquor within or Upon the Public Parks and Play Grounds of the City of Hutchinson between Certain Hours without Written Permit. Motion carried unanimously. (c) ORDINANCE NO. 21/77 - ORDINANCE AMENDING SECTION 806:15 OF THE 1974 ORDI- NANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED INTOXICATING LIQUOR, AD- MINISTRATION After discussion, it was moved by Alderman Haag, seconded by Alderman West- lund, to waive second reading and adopt Ordinance No. 542 entitled Ordi- nance Amending Section 806:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Intoxicating Liquor, Administration. Motion carried unanimously. (d) ORDINANCE NO. 22/77 - ORDINANCE AMENDING SECTION 1015 OF THE 1974 ORDI- NANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED DOGS After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive second reading and adopt Ordinance No. 543 entitled Ordinance Amending Section 1015 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Dogs. Motion carried unanimously. (e) ORDINANCE NO. 23/77 - ORDINANCE AMENDING SECTION 720:60 OF THE 1974 ORDI- NANCE CODE OF THE CITY OF HUTCHINSON ENTITLED PARKING METERS - VIOLATIONS After discussion, it was the general consensus of the Council members that Ordinance No. 23/77 should be deferred for further study and discussion. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to defer action on Ordinance No. 23/77 entitled Ordinance Amending Section 720:60 of the 1974 Ordinance Code of the City of Hutchinson Entitled Parking Meters - Violations. Motion carried unanimously. -2- Council Minutes August 9, 1977 (f) RESOLUTION NO. 5998 - COMMENDING GERALD FISHER After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive reading and adopt Resolution No. 5998 entitled Commending Gerald Fisher in recognition of the many years of service he has given the City as Municipal Liquor Store Manager. Motion carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF HUTCHINSON COMMUNITY CENTER BOARD DATED JULY 27, 1977 Alderman Westlund commented that progress has slowed down at the Civic Arena since the last minutes were written. A question was raised regarding a bill for the Arena. It was necessary to place a sealer over the concrete blocks due to moisture problems, and this expense was not a part of the original contract. Alderman Westlund repprted that the lights have been installed and the heaters are in the process of being installed. There won't be any sched- uled activity in the building until ice this fall. Ralph Neumann, Arena Coordinator, has prepared a current budget which is lower than last year. Mayor Black inquired about the status of the contract between the City and School District No. 423 for use of the Arena. Administrative Assis- tant Plotz responded that he is still working on the contract but should have it completed soon. (b) MONTHLY FINANCIAL REPORT - JULY 1977 There being no discussion, the report was ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY J. L. SELLE CONTINUED FROM'JUNE 21, 1977 PUBLIC HEARING, WITH FAVORABLE RECOM- MENDATION OF PLANNING COMMISSION (DEFERRED JULY 26, 1977) Community Development Director Pauley reported that he and City Engineer/ Public Works Director Priebe had held two meetings with Mr. J. L. Selle, and both times he did not present the required proposal. Mr. Pauley further pointed out that the 30 -day period will have expired if this request for a Conditional Use Permit is deferred again. Mr. Selle appeared before the Council and presented his attorney, Mr. Richard D. Genty of Winsted. -3- Council Minutes August 9, 1977 Attorney Genty pointed out that Mr. Selle is quite anxious to begin operation of his used car sales lot and negotiated to meeting the re- quirements of putting in a driveway and surfacing the car lot on or be- fore September 1978. Mr. Genty did not feel the fence was necessary. City Attorney Schantzen commented that Mr. Selle`s neighbors had re- quested the fence be put up, but the staff had left this requirement open. Following further deliberation, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 6001 entitled A Resolution Granting Conditional Use Permit under Section 5.01 of the 1975 Zoning Ordinance to Allow a Used Car Sales Lot, with the stip- ulation that the driveway to the used car sales lot be completed by Octo- ber 1, 1977 and the blacktop surfacing of the parking lot be completed by September 1, 1978. Motion carried unanimously. (b) CONSIDERATION OF BIDS FOR TWO-WAY RADIO (DEFERRED AUGUST 5, 1977) City Engineer/Public Works Director Priebe requested an additional remote control unit be installed in City Hall at an additional cost of $248.28 for installation and $18.00 for second year maintenance. It is his recom- mendation to award the two-way radio contract to Comm -Co for the follow- ing total cost: Installation $14,912.97 Second Year Maintenance $ 1,443.00 After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Westlund, that with the recommendation of City Engineer/Public Works Director Priebe, the bid be approved and contract awarded to Comm -Co as set forth above. Motion carried unanimously. (c) CONSIDERATION OF HANDICAP RAMPS ON MAIN STREET City Engineer/Public Works Director Priebe reported that the estimated cost for removal and installation per ramp is $300. Based on four ramps per intersection and five intersections under consideration, the total estimated cost for handicap ramps on Main Street would be $6,000. Mayor Black inquired if funds are available in the budget for this project. Mr. Priebe will bring a report to the next Council meeting. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer action on the handicap ramps until the next Council meeting. Motion car- ried unanimously. 9. NEW BUSINESS (a) OPENING OF BIDS FOR BRICK HOUSE AT WEST RIVER PARK - 8:00 P.M. -4- Council Minutes August 9, 1977 Mayor Black opened the letting at 8:10 P.M. by reading Publication No. 1964, Bids for Purchase and Removal of Brick House at West River Park. There being no bids received, the Mayor closed the hearing at 8:12 P.M. City Engineer/Public Works Director Priebe recommended receiving prices for demolition of the brick house at West River Park. (b) CONSIDERATION OF REQUEST FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY ST. ANASTASIA CHURCH FOR FALL FESTIVAL After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request and issue a license. Motion carried unanimously. (c) CONSIDERATION OF APPLICATION FOR "ON -SALE" INTOXICATING LIQUOR LICENSE SUBMITTED BY DAROLD STUTELBERG (CHALET SUPPER CLUB) (TRANSFER FROM BOB LYNCH) After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to set a public hearing for August 23, 1977, 8:00 P.M. Motion carried unanimously. (d) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY DAROLD STUTELBERG (CHALET SUPPER CLUB) (TRANSFER FROM BOB LYNCH) After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Haag, to approve application and issue license. Motion carried unan- imously. (e) CONSIDERATION OF CETA GRANT (GOVERNOR'S MANPOWER OFFICE) EMPLOYEES After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve and hire the CETA-funded applicants. Motion carried unanimously. (f) CONSIDERATION OF APPLICATION FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY ELKS LODGE FOR SOFTBALL GAMES After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve application and issue license. Motion carried unanimously. (g) CONSIDERATION OF APPLICATION FOR RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE SUBMITTED BY ELKS LODGE FOR BENEFIT DANCE After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve application and issue license. Motion carried unanimously. -5- Council Minutes August 9, 1977 (h) CONSIDERATION OF PLUMBING PERMITS AND INSPECTIONS Building Official Willard reported that previously the plumbing permit fees for 1975, 1976 and through June 30, 1977 have averaged $15.00 for each permit issued by a fee schedule which was established more than 10 years ago. With the appointment of a plumbing inspector, it will no longer be necessary for the person requiring inspections to provide trans- portation for the inspector to and from the work to be inspected. Also, he will be available to do the required final inspection by the State and Plumbing Code inspection. Mr. Willard then presented his recommendations for the plumbing permit application fees and inspections beginning September 1, 1977. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to amend the Ordinance, Section 550:00, Plumbing Per- mit Fees, as recommended by Building Official Willard and waive first reading of Ordinance No. 24/77 entitled Ordinance Amending Section 550:00 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Plumbing Permit Fees, and set second reading for August 23, 1977. Motion carried unanimously. (i) CONSIDERATION OF 1978 IMPROVEMENT PROJECT - 78-01 City Engineer/Public Works Director Priebe presented an Engineer's Re- port for 1978 Improvement Project 78-01, School Road, for curb and gut- ter, bituminous surfacing and sidewalk from McDonald Drive to T.H. #7 and recommended a public hearing date be set for September 13, 1977, 8 P.M. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5999 entitled Order- ing Preparation of Report on 1978 Improvements. Motion carried unani- mously. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 6000 entitled Reso- lution Receiving Report and Calling Hearing for 1978 Improvement Projects. Motion carried unanimously. (j) CONSIDERATION OF EMPLOYMENT OF MARY WEIS IN RECREATION DEPARTMENT Personnel Coordinator Sitz reported that Mary Weis worked for the City last year, and she is replacing Dan Goede in the summer swimming staff. After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Westlund, to confirm the employment of Mary Weis. Motion carried unanimously. (k) CONSIDERATION OF EMPLOYMENT OF JANELL SWANSON AS RECEPTIONIST/CASHIER EFFECTIVE AUGUST 10, 1977 Alderman Westlund reported that this morning he, Rufus Alexander, Gary Plotz, and Hazel Sitz had met with the two finalists for the position of a Me Council Minutes August 9, 1977 Receptionist/Cashier, and it is their recommendation to hire Janell Swanson. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the employment of Janell Swanson as Receptionist/Cashier, effec- tive August 10, 1977. Motion carried unanimously. (1) CONSIDERATION TO SET A PUBLIC HEARING FOR AUGUST 23, 1977 ON THE USE OF REVENUE SHARING FUNDS Mayor Black asked if proposals would be ready to hand out at the public hearing, or if the meeting would be open for comments. Administrative Assistant Plotz responded that no proposals will be ready for the hear- ing. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to set a public hearing for August 23, 1977 on the Use of Revenue Sharing Funds. Motion carried unanimously. (m) CONSIDERATION OF RECOMMENDATION FOR PERMANENT STATUS FOR GARY D. PLOTZ AS CITY CLERK -ADMINISTRATIVE ASSISTANT Personnel Coordinator Sitz reported to the Council that as of August 1, 1977, Administrative Assistant Plotz has been employed by the City for six months and has completed his probationary period. After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to permanently appoint Gary D. Plotz as City Clerk -Administra- tive Assistant, with a 5% salary increase effective August 1, 1977. Motion carried unanimously. (n) CONSIDERATION OF REQUEST TO SELL EDUCATIONAL BOOKS IN HUTCHINSON Mayor Black read a memorandum from Dan Sudweeks requesting permission to sell children's educational books within the city limits of Hutchinson for a period of approximately three weeks. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the request, contingent upon a police investigation report on Dan Sudweeks. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the City has received the policy for Public Officials' Liability coverage from Madsen Insurance Agency as bid. The majority of the proposed City budgets have been turned in, and Kenneth Merrill, City Accountant/Controller, and Gary Plotz are meet- ing with the department heads to finalize the budgets. -7- Council Minutes August 9, 1977 Later this week Kenneth Merrill and Gary Plotz will be meeting with Roger Ocel of Anderson, Lieser & Thorsen to review the audit ending December 31, 1976. Regarding the auditors, Alderman Haag raised a question about discussion from a previous Council meeting whereby it was suggested local auditors be given the opportunity to audit the City books, if they qualify. Mr. Plotz suggested some investigating be done before any decision is made on this matter. He further commented that Kenneth Merrill will be do- ing some of the work that we are presently paying the auditors to do. On August 3, 1977, Kenneth Merrill and Gary D. Plotz attended an Admin- istrators and Finance Directors meeting in Crystal. At that time the 15 municipalities represented unanimously voted to approve the City of Hutchinson into LOGIS membership. Another meeting will be held on Aug- ust 11, 1977 to obtain state funding for telephone and membership ex- penses for the City of Hutchinson. The State Municipal Board held a hearing on August 4, 1977 regarding the Jeff Munsell annexation. No objections were raised to the annexation. (b) COMMUNICATIONS FROM COMMUNITY DEVELOPMENT DIRECTOR Community Development Director Pauley reported a letter was received to- day from the State regarding the Dutch Elm disease program. The City underestimated its costs when it applied for funding and will run short of money for State participation. Mayor Black informed the Council that several color photographs have been taken of Main Street and Hassan Street to portray what it looks like at present with all the trees intact. He then asked for suggestions of a good location to store the pictures so they would not get misplaced. Mayor Black requested a report be prepared stating the number of trees removed and the number of claims to be filed. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, that Community Development Director Pauley present a recommendation on the Dutch Elm Subsidy Pro- gram at the October 11, 1977 Council meeting. Motion carried unanimously. Mr. Pauley reported that he and Administrative Assistant Plotz had a meeting with HUD regarding an extension of the Community Development grant. HUD was very agreeable to the request and gave an extension to December 31, 1977. The contingency fund under the Community Development grant, amounting to $17,000, will be transferred to Planning and Manage- ment. Mr. Pauley asked the Countil for approval of this budget change. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the transfer of monies as recommended by Community Development Director Pauley. Motion carried unanimously. Council Minutes August 9, 1977 Mr. Pauley commented on the Public Hearing scheduled for Wednesday, August 17, 1977 at 7:30 P.M. in the Elementary School Auditorium re- garding the Downtown Study. Mr. Pauley reported a second application was submitted for state land use money, but funding was again denied. Community Development Director Pauley requested a special meeting of the Council following the Public Hearing on August 17, 1977, at which time consideration will be given to planning grant money from the fed- eral government. He has prepared a grant application in the amount of $14,000. (c) COMMUNICATION FROM THE MAYOR Mayor Black inquired about the status of the new policy being written on delinquent water accounts. City Engineer/Public Works Director Priebe responded that the parties involved had not held a meeting yet to establish a policy but would do so within the next week. Three "Certificates of Appreciation" have been issued to private citi- zens by the Police Department in recognition of special service per- formed in helping apprehend hit-and-run drivers. Recipients of the awards are: Marcella Santelman, Carol Fransen, and George Kennan. Mayor Black mentioned that the League of Cities has extended an invi- tation to attend a farewell reception for Dean A. Lund. Also, the Lea- gue Conference will be held October 13, 1977 in Glencoe. On Friday, August 12, 1977, a Coalition of Outstate Cities meeting will be held in Owatonna with the main topic pertaining to tax increment fi- nancing. Since Mayor Black is unable to attend, he suggested either Don Pauley or Gary Plotz plan to go to the meeting. (d) COMMUNICATION FROM ALDERMAN K. PETERSON Alderman K. Peterson reported the Park and Recreation Board, in conjunc- tion with the Police Department, is requesting an ordinance be written regarding West River Park covering the following four items: 1. Length of stay of two weeks limit, with extensions through City Hall. 2. State by ordinance that burning is to be done only in designated area. 3. Animals should be leashed and cleaned up after. 4. Vehicles without campers attached shall be parked on the road or in designated area. Council Minutes August 9, 1977 It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to waive first reading of Ordinance No. 25/77 and set second reading for August 23, 1977. Motion carried unanimously. There are monies available on a 50-50 basis for building tennis courts, but a time limit is involved for applying. The Park Board has asked Rod Keith to prepare a proposal of expenses and make a presentation to the City Council. Alderman Westlund requested that a report on the use of the tennis courts be included. 11. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman Haag, to approve 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 adjourned at 10:00 P.M. on motion by Alderman Westlund, seconded by Alderman Haag. Motion carried unanimously. -10-