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04-02-1979 CCMMINUTES ADJOURNED REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, APRIL 2, 1979 1. CALL TO ORDER The meeting was called to order by Mayor Black at 12:10 P.M., 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 City Attorney Schantzen. 2. INVOCATION There was a time of silent prayer due to the absence of a pastor. 3. MINUTES The minutes of the Regular Meeting dated March 13, 1979 and Regular Meeting dated March 27, 1979 were approved upon motion by Alderman Peterson, seconded by Alder- man Huntwork and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHTING AT INTERSECTION OF HIGHWAY 22 AND FAIR AVENUE Following discussion, Alderman Peterson moved to refer the request for street lighting to the Utilities Commission. Seconded by Alderman Huntwork, the mo- tion unanimously carried. (b) CONSIDERATION OF COMPLAINT ON BILLING AND REFUSE SERVICE FOR ARCTIC REFRIG- ERATION SERVICE BY ROBERT MCGEE Mayor Black commented that Mr. Robert McGee had appeared at the March 27, 1979 Council meeting and expressed a complaint regarding his refuse service for Arctic Refrigeration Service. Alderman Westlund made mention of some additional accounts being reviewed for addition to the refuse billing list and suggested Arctic Refrigeration be in- cluded with them. It was moved by Alderman Westlund to defer action and review the Arctic Re- frigeration Service account with the other accounts on the list. The motion was seconded by Alderman Peterson and unanimously carried. .. Council Minutes April 2, 1979 (c) CONSIDERATION OF COMPLAINT ABOUT DEBRIS IN NEIGHBOR'S YARD A letter of complaint was received from Timothy Byer in which he complained about debris in his neighbor's yard at 420 Connecticut Street. Mayor Black commented that similar instances have come up in the past and recommended the Police Department handle the situation. The motion was made by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried, to refer the complaint to the Police Department. (d) CONSIDERATION OF REQUEST FOR FRED ROBERTS AND LARRY KARG TO ATTEND THE ANNUAL NORTH AMERICAN SNOW CONFERENCE ON APRIL 9-11, 1979 Following discussion, it was moved by Alderman Westlund to approve the request for Fred Roberts and Larry Karg to attend the Snow Conference. Seconded by Alderman Peterson, the motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 3/79 - REPEALING ORDINANCE NO. 459 AND AMENDING A CABLE TELEVISION FRANCHISE IN THE CITY OF HUTCHINSON, MINNESOTA AND RULES GOVERN- ING OPERATION OF SAME (DEFERRED MARCH 13, 1979) Mayor Black reported that the one item inadvertently omitted from the ordi- nance which pertained to franchise fee payment to the City had now been in- serted into the copy. After discussion, Alderman Westlund moved to waive reading and adopt Ordinance No. 576 entitled Repealing Ordinance No. 459 and Amending A Cable Television Franchise In the City of Hutchinson, Minnesota and Rules Governing Operation of Same. The motion was seconded by Alderman Peterson and unanimously carried. (b) RESOLUTION NO. 6291 - RESOLUTION OF APPLICANT AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE OPEN SPACE UNDER PROVISION OF FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND After discussion, the motion was made by Alderman Westlund, seconded by Alder- man Huntwork and unanimously carried, to waive reading and adopt Resolution No. 6291 entitled Resolution of Applicant Authorizing Filing of Application for Grant to Acquire Open Space under Provision of Federal Land and Water Con- servation Fund Act and the State Natural Resource Fund. (c) RESOLUTION NO. 6292 - RESOLUTION OF APPLICANT REVISING THE FIVE-YEAR ACTION PLAN Following discussion, it was moved by Alderman Peterson to waive reading and adopt Resolution No. 6292 entitled Resolution of Applicant Revising the Five - Year Action Plan. The motion was seconded by Alderman Gruenhagen and unani- mously carried. iris Council Minutes April 2, 1979 (d) RESOLUTION NO. 6293 - ACCEPTING $50,000 FROM THE HUTCHINSON UTILITIES COMMISSION Following discussion, Alderman Peterson made the motion to waive reading and adopt Resolution No. 6293 entitled Accepting $50,000 from the Hutchinson Utili- ties Commission. Seconded by Alderman Huntwork, the motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - FEBRUARY 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON CIVIC ARENA BOARD DATED FEBRUARY 21, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS DATED JANUARY 2.3, 1979 AND FEBRUARY 20, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CITY COUNCIL APPROVAL GIVEN TO PRELIMINARY PLAN OF TOWN- HOUSE DEVELOPMENT BY DUMAX, INC. City Attorney Schantzen reported that the action taken on February 13, 1979 to adopt Resolution No. 6284 granting approval of a PUD for DuMax, Inc. did not meet the requirement of 2/3 vote of all City Council members to over -ride a negative recommendation by the Planning Commission. Therefore, Mr. Duane Dickey will have to start his proceedings over with the Planning Commission. Mayor Black instructed Administrative Assistant Plotz to notify the applicant of this decision. It was moved by Alderman Westlund to rescind Resolution No. 6284 and waive reading and adopt Resolution No. 6294 entitled Resolution Rescinding Resolu- tion No. 6284. Seconded by Alderman Huntwork, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES: -3- Council Minutes April 2, 1979 1. AMERICAN LEGION POST #96 2. CROW RIVER COUNTRY CLUB 3. HUTCHINSON ELKS, INC. 4. V.F.W. POST #906 Mayor Black pointed out that the Chief of Police has requested the Council to direct all the private clubs in Hutchinson with club on -sale liquor licenses to provide a copy of their articles of incorporation and bylaws as well as the name and address of the manager to determine if violations of the licenses occur. Following discussion, it was moved by Alderman Westlund to approve the appli- cations and authorize issuance of club on -sale liquor licenses, with the stip- ulation that the clubs are to provide the requested information. Seconded by Alderman Huntwork, the motion unanimously carried. (b) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF ON -SALE LIQUOR LICENSES: 1. FRONTIER HOUSE 2. LA CASA DE CAMPA 3. T. L. SCALAWAGS, INC. 4. VELVET COACH, INC. Mayor Black made reference to questions raised as to whether the Scalawags was in compliance with the City ordinance on liquor licenses. The Chief of Police did an investigation, and the City Attorney was consulted on this matter. It was the Mayor's conclusion that the establishment was being operated as in- tended and no actual violation of the ordinance existed. After discussion, Alderman Gruenhagen made the motion to approve the applica- tions and authorize issuance of on -sale liquor licenses to the above named. The motion was seconded by Alderman Westlund and carried unanimously. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS After reading a copy of the letter sent to all delinquent account holders, Mayor Black inquired if there was anyone present wishing to be heard regard- ing his/her account. No one responded. After discussion, Alderman Westlund made the motion to discontinue service on April 5, 1979 for the following accounts if not paid by that date: 4-0095-0-00, 4-0240-0-00, and 16-0388-1-00. Seconded by Alderman Peterson, the motion car- ried unanimously. (d) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY ORLIN HENKE -4- Council Minutes April 2, 1979 Following discussion, it was moved by Alderman Peterson, seconded by Alder- man Huntwork and unanimously carried, to approve the application and issue a cigarette license to Orlin Henke. (e) CONSIDERATION OF PERMANENT APPOINTMENT FOR PATROL OFFICER CHARLES JONES After discussion, Alderman Peterson moved to approve the permanent appoint- ment of Patrol Officer Charles Jones. The motion was seconded by Alderman Huntwork and carried unanimously. (f) CONSIDERATION OF AMENDING PLUMBING FEES Following discussion, the motion was made by Alderman Westlund to approve the amended plumbing fees from $15.00 per inspection and reinspection to $3.00 per opening plus rough -ins for future plumbing fixtures. It was fur- ther moved to waive the first reading of Ordinance No. 4/79 entitled Ordinance Amending Section 550:05 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Plumbing Permit Fees, and set second reading for April 10, 1979. Seconded by Alderman Peterson, the motion unanimously carried. (g) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MCLEOD COUNTY FAIR BOARD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Huntwork made reference to an unresolved issue concerning the sani- tary sewer line which serves a portion of the 3M complex and located in the area of the proposed buildings. He felt the variance should be granted with the stipulation that in the event the sanitary sewer line is within 30 feet of the proposed building, the line would be relocated at the expense of the McLeod County Fair Board prior to construction of the buildings, as recom- mended by the City Engineer. It was the general consensus of the Council that cost for relocation of the sanitary sewer line should be borne by the Fair Board. Alderman Huntwork made the motion to waive reading and adopt Resolution No. 6287 entitled Resolution Granting Variances from Section 6.05, B-3 of the Zoning Ordinance No. 464 to Construct Two Separate Buildings on the McLeod County Fair Grounds, as amended to include the stipulation regarding reloca- tion of sanitary sewer line as stated above. Seconded by Alderman Westlund, the motion unanimously carried. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MAPLEWOOD ACADEMY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Huntwork to waive reading and adopt Resolution No. 6288 entitled Resolution Granting Conditional Use Per- mit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Construc- tion of New Building at Maplewood Academy. The motion was seconded by Alder- man Westlund and carried unanimously. -5- Council Minutes April 2, 1979 (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY WAGNER SERVICE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Gruenhagen to waive reading and adopt Resolution No. 6289 entitled Resolution Granting Condi- tional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow An Additional Thirty Feet to Front and 97.5 Feet to Rear of Present Structure. Seconded by Alderman Huntwork, the motion unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY M & R ENTERPRISES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mrs. Arthur Saar appeared before the Council and expressed concern that the property to be occupied by M & R Enterprises be kept clean and orderly. Mayor Black responded that this condition is stated in the resolution,and it could be withdrawn if the condition is not met by the property owner. Following discussion, it was moved by Alderman Westlund that with the recom- mendation of the Planning Commission, to waive reading and adopt Resolution No. 6290 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Sales of New and Used Mobile Homes As Well As Modular Homes. The motion was seconded by Alderman Gruen- hagen and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported he had received a letter of credit from Eugene Daggett guaranteeing reimbursement of appraisals for the motel site. The appraisals should be completed by April 17, 1979. Mr. Plotz informed the Council of new legislation before the State Legisla- ture (Senate File No. 513 and House File No. 490) which would eliminate 3.2 beer in the State of Minnesota and permit the sale of beer by different estab- lishments, other than liquor stores. This bill would have an effect on muni- cipalities inasmuch as 50% of liquor store sales are for strong beer. Also, it would be difficult to control sales if the law goes through. Ralph Neu- mann, Liquor Store Manager, has requested the Council to take some action in opposition of the bill and contact the State Legislators. Mayor Black remarked he had two objections to this legislation. First, the cut in city revenue by making beer readily available; and second, the diffi- culty in controlling sales from other establishments. He felt a strong letter of concern should be sent to the two Legislators, as well as some personal contact. aMe Council Minutes April 2, 1979 Alderman Westlund asked Police Chief O'Borsky for his opinion on this matter. He responded by stating that at the Annual Police Chief's Spring Institute held March 28-30, 1979, the officers cast a vote against the bill. It was moved by Alderman Westlund to authorize the Mayor to submit a letter of opposition for Bill 4513 to the Legislators. Seconded by Alderman Hunt - work, the motion carried unanimously. Mr. Plotz reported the County has given full cooperation in submitting a let- ter for the LAWCON Grant Application for the West River Park Extension. Administrative Assistant Plotz mentioned that sand bags had been put in along the river bank to prevent flooding. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black reported the term of office for Virgil Goebel on the Hospital Board has expired and asked for ratification to appoint him for another term. Alderman Peterson moved to ratify the appointment of Virgil Gobel for another five year term on the Hospital Board. Seconded by Alderman Huntwork, the motion carried unanimously. Mayor Black also asked for ratification to re -appoint William Backen for a five year term and Clinton Tracy for a one year term on the Planning Commission. The motion was made by Alderman Westlund, seconded by Alderman Peterson and unanimously carried, to ratify the appointments of William Backen and Clinton Tracy on the Planning Commission. (c) COMMUNICATIONS FROM ALDERMAN WESTLUND Alderman Westlund reported that the 1978 revenues for the Hutchinson Civic Arena were very favorable. The Arena received more rent income than had been budgeted. Mr. Westlund asked the Administrative Assistartfor a report on applications for the city forester position. Mr. Plotz commented that 25 applications have been received, and they are being narrowed down to six qualified candidates. After the committee has interviewed the six, the applicants will be narrowed down further to three or four for Council interviews. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Gruenhagen, seconded by Alderman Peterson and unani- mously carried, to approve the verified claims and authorize payment from the appropriate funds. -7- Council Minutes April 2, 1979 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 12:58 P.M. upon motion by Alderman Westlund, seconded by Alderman Peterson, and unanimously carried.