05-22-1979 CCMA
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 22, 1979
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 invocation was given by the Reverend Darrel F. Thalmann of the Our Savior's
Lutheran Church.
3. MINUTES
The minutes of the Regular Meeting of May 8, 1979 were approved as amended, and
the minutes of the Special Meetings of May 18, 1979 and May 21, 1979 were approved
as presented upon motion by Alderman Westlund, seconded by Alderman Peterson, and
unanimously carried.
4. PUBLIC HEARING
None
5. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST TO ATTEND ICMA WORKSHOP BY HAZEL SITZ
After discussion, it was moved by Alderman Peterson to approve the request
for Hazel Sitz to attend the ICMA Workshop on May 30, 1979. Seconded by Alder-
man Gruenhagen, the motion carried unanimously.
(b) CONSIDERATION OF REQUEST FOR HUTCHINSON ELKS LODGE NO. 2427 TO USE LIBRARY
SQUARE BAND SHELL ON JUNE 14, 1979
Following discussion, Alderman Westlund made the motion to approve the use
of the Library Square Band Shell by the Hutchinson Elks Lodge No. 2427 on
June 14, 1979. The motion was seconded by Alderman Peterson and unanimously
carried.
6. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 6/79 - AN ORDINANCE PERTAINING TO THE REGISTRATION AND LICENSING
OF BICYCLES IN THE CITY OF HUTCHINSON
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Council Minutes
May 22, 1979
After discussion, Alderman Westlund moved to waive second reading and adopt
Ordinance No. 579 entitled An Ordinance Pertaining to the Registration and
Licensing of Bicycles in the City of Hutchinson. Seconded by Alderman Gruen-
hagen, the motion unanimously carried.
(b) RESOLUTION NO. 6335 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND
Following discussion, the motion was made by Alderman Gruenhagen, seconded by
Alderman Peterson and unanimously carried, to waive reading and adopt Resolu-
tion No. 6335 entitled Transferring $10,000 from Liquor Store to General Fund.
(c) RESOLUTION NO. 6334 - TRANSFERRING $59,680.72 FROM GENERAL FUND TO SPECIAL
ASSESSMENT FUNDS
After discussion, it was moved by Alderman Westlund to waive reading and adopt
Resolution No. 6334 entitled Transferring $59,680.72 from General Fund to
Special Assessment Funds. The motion was seconded by Alderman Huntwork and
carried unanimously.
7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(a) MONTHLY FINANCIAL REPORT - APRIL 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 APRIL 18, 1979
There being no discussion, the minutes were ordered by the Mayor to be re-
ceived for filing.
(c) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED MAY 1, 1979
There being no discussion, the minutes were ordered by the Mayor to be re-
ceived for filing.
(d) MINUTES OF BURNS MANOR NURSING HOME BOARD DATED APRIL 19, 1979
There being no discussion, the minutes were ordered by the Mayor to be re-
ceived for filing.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF HUTCHINSON INDUSTRIAL CORPORATION INDUSTRIAL DEVELOPMENT
REVENUE BONDS
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Council Minutes
May 22, 1979
Mr. Jon Geiss, President of Hutchinson Industrial Corporation, appeared be-
fore the Council and requested adoption of a resolution for issuance of the
sale of industrial development revenue bonds in the amount of $3,000,000. He
pointed out it would be necessary to return to the June 12, 1979 meeting to
secure approval of the interest rate on the bonds.
City Attorney Schantzen reported he had reviewed the Resolution and found it
acceptable.
Following discussion, the motion was made by Alderman Westlund to waive read-
ing, authorize the signing and adoption of Resolution No. 6338 entitled Reso-
lution Authorizing the Sale and Issuance of Industrial Development Revenue
Bonds under the Minnesota Municipal Industrial Development Act to Finance A
Project Thereunder, Secured By A Mortgage on the Project, Payments to Be Re-
ceived Pursuant to A Loan Agreement and A Pledge and Assignment of the City's
Interest In the Loan Agreement and Payments Thereunder to A Trustee, and
Authorizing the Execution of Documents. Seconded by Alderman Gruenhagen, the
motion unanimously carried. (It is noted that Alderman Huntwork was not present
during discussion of item 8-a and did not vote.)
(b) CONSIDERATION OF CITY UTILITY RELOCATION COSTS FOR PROPOSED MOTEL SITE
(DEFERRED MAY 8, 1979)
City Engineer/Public Works Director Priebe reported this has been a problem
area for years, and the hotel/motel site proposal has moved ahead the time
schedule. The choice is to relocate the utility line in the area or to cross
the river and rebuild the line to the east with a smaller line. It would be
most economical to cross the river.
During discussion, Alderman Huntwork requested maps of the area.
It was moved by Alderman Gruenhagen, seconded by Alderman Peterson and unani-
mously carried, to defer the matter until the June 12 meeting.
(c) CONSIDERATION OF AWARDING CONTRACT FOR ICE RESURFACER MACHINE
(DEFERRED MAY 18, 1979)
Alderman Westlund reported it was the recommendation of the Civic Arena Board
to award the contract for an ice resurfacing machine to the Zamboni & Co Inc.
of Paramount, California in the amount of $24,100.00, with a delivery date of
90 to 120 days after ordered.
Mayor Black read a letter from Attorney Ron McGraw stating an agreement where-
by the Citizens Bank & Trust Co. of Hutchinson would make a gift to the City
in the sum of $16,100.00 towards the purchase of the ice resurfaces, and the
City in return would agree to give the Bank sole and exclusive advertising
rights on and upon said ice resurfacer.
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Council Minutes
May 22, 1979
(d)
(e)
After discussion, Alderman Westlund moved to award the contract for an ice
resurfacer machine to Zamboni & Co. Inc. in the amount of $24,100.00. Sec-
onded by Alderman Gruenhagen, the motion unanimously carried.
CONSIDERATION OF AWARDING CONTRACTS FOR 1979 IMPROVEMENT PROJECTS
(DEFERRED MAY 21, 1979)
City Engineer/Public Works Director Priebe reported he had reviewed the bids
received on May 21, 1979 for 1979 improvement projects and recommended award-
ing contracts to the following contractors:
Project 79-01 &
79-07
Project 79-02 &
79-08
Project 79-03, 79-04,
79-05 & 79-06
Juul Contracting Company
$310,856.00
Juul Contracting Company
$198,122.50
Atkinson Blacktop Service Inc.
$365,638.25
Following discussion, it was moved by Alderman Peterson to award contracts to
the above-mentioned contractors for said projects in the amount stated and to
waive reading and adopt Resolution No. 6339 entitled Accepting Bid and Award-
ing Contract, Project 79-01 & 79-07, Sanitary Sewer & Watermain. Seconded by
Alderman Gruenhagen, the motion carried unanimously.
It was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unani-
mously carried, to waive reading and adopt Resolution No. 6340 entitled Accept-
ing Bid and Awarding Contract, Project 79-02 & 79-08, Storm Sewer.
It was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unani-
mously carried, to waive reading and adopt Resolution No. 6341 entitled Accept-
ing Bid and Awarding Contract, Project 79-03, 79-04, 79-05 & 79-06, Curb &
Gutter, Bituminous Surfacing and Grade & Gravel.
CONSIDERATION OF AWARDING CONTRACT FOR TREE REMOVAL AND STUMP REMOVAL
(DEFERRED MAY 21, 1979)
City Engineer/Public Works Director Priebe reported he had verified the ref-
erences for the low bidder, Anderson -River Valley Tree Service of St. Peter,
Minnesota, and found they have adequate equipment for the job of tree and stump
removal in Hutchinson.
During discussion Mark Schnobrich, City
in the total bid figure. Based on the
the total should have been $147,255.81
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Forester, called attention to an error
unit price per tree diameter, he stated
instead of $147,696.18.
Council Minutes
May 22, 1979
The motion was made by Alderman Westlund to award the contract to Anderson -
River Valley Tree Service with the bid price based on the tree diameter fig-
ure. Seconded by Alderman Peterson, the motion carried unanimously.
9. NEW BUSINESS
(a) CONSIDERATION OF APPLICATION FOR CIRCUS PERMIT BY CARSON & BARNES CIRCUS
After discussion, the motion was made by Alderman Westlund to approve the
application for permit to allow Carson & Barnes Circus to perform on July 27,
1979 at the McLeod County Fairgrounds, contingent upon a $500 deposit being
received. The motion was seconded by Alderman Huntwork and unanimously carried.
(b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Mayor Black read a copy of the letter sent to all delinquent account holders.
He then inquired if there was anyone present who wished to be heard regarding
his/her account. There was no response.
After discussion, Alderman Westlund moved to discontinue service on June 1,
1979 for the following accounts if no payment had been received by that date:
09-1035-1-00, 10-0265-0-00, and 20-0065-0-00. Seconded by Alderman Huntwork,
the motion unanimously carried.
(c) CONSIDERATION OF REQUEST FOR DETERMINING FRONT AND SIDE YARDS FOR LOT 9,
STONEY POINT THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Alderman Huntwork reported the shape of Lot 9 was not square; therefore, the
house would fit better on the side of the lot. It was the recommendation of
the Planning Commission to approve changing the front yard on Lot 9, Stoney
Point Third Addition, to Boulder Street rather than School Road.
The motion was made by Alderman Westlund to approve the change of the front
yard on Lot 9, Stoney Point Third Addition. The motion was seconded by Alder-
man Huntwork and carried unanimously.
(d) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GRACE LUTHERAN CHURCH
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Alderman Huntwork informed the Council that Grace Lutheran Church had applied
for two variances, front yard setback and side yard setback. The side yard
variance was denied. The Planning Commission approved the front yard variance,
contingent upon the adjacent parking area entrance being used as an "in" en-
trance only.
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Council Minutes
May 22, 1979
Following discussion, it was moved by Alderman Huntwork to approve the var-
iance for a front yard setback and waive reading and adopt Resolution No.
6329 entitled Resolution Granting Variance from Section 6.05, B-3 of the
Zoning Ordinance No. 464 to Allow Reduction of Front Yard Setback. The mo-
tion was seconded by Alderman Westlund and unanimously carried.
(e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GRACE
LUTHERAN CHURCH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Huntwork moved to approve the conditional use
permit for Grace Lutheran Grace and to waive reading and adopt Resolution No.
6330 entitled Resolution Granting Conditional Use Permit under Section 6.07,
C-5 of Zoning Ordinance No. 464 to Allow An Addition to Grace Lutheran Church.
Seconded by Alderman Gruenhagen, the motion carried unanimously.
(f) CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT SUBMITTED BY DUMAX, INC.
(TOWN & COUNTRY ESTATES) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
After discussion, the motion was made by Alderman Westlund that with the recom-
mendation of the Planning Commission to approve the preliminary plat for Town
& Country Estates, contingent upon a 10 foot utility easement being given to
the City; it was further moved to waive reading and adopt Resolution No. 6331
entitled Resolution Giving Approval of Preliminary Plat for Town & Country
Estates. The motion was seconded by Alderman Huntwork and unanimously carried.
(g) CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT SUBMITTED BY DUMAX, INC.
(MCDONALD'S SIXTH ADDITION) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, it was moved by Alderman Westlund, seconded by Alderman
Peterson and unanimously carried, to approve the preliminary plat for Mc-
Donald's Sixth Addition, contingent upon a 10 foot utility easement being
given to the City; it was further moved to waive reading and adopt Resolu-
tion No. 6332 entitled Resolution Giving Approval of Preliminary Plat for
McDonald's Sixth Addition.
(h) CONSIDERATION OF REQUEST FOR REVISION OF ANNEXATION FILING FEE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
City Engineer/Public Works Director Priebe reported the State of Minnesota
Municipal Board had informed the City of their filing fee rate for annexa-
tion. He recommended the City revise its annexation filing fee accordingly
and establish a filing fee of $12.50 plus $.50 per acre with a minimum of
$25.00 and a maximum of $112.50.
After discussion, Alderman Westlund moved to approve the revised annexation
filing fee. The motion was seconded by Alderman Huntwork and unanimously
carried.
Council Minutes
May 22, 1979
(i) CONSIDERATION OF PARK AND PLAYGROUND CONTRIBUTION WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
City Engineer/Public Works Director Priebe informed the Council that he had
learned that many cities have an additional dwelling unit charge for Park and
Playground Contributions. It was his recommendation that the present sched-
ule be for no more than one dwelling unit, and any additional dwelling units
would require payment of $25.00 per unit at the time of issuing a building
permit.
Following discussion, the motion was made by Alderman Peterson, seconded by
Alderman Westlund and unanimously carried, to approve the revised Park and
Playground Contribution Schedule.
(j) CONSIDERATION OF REQUEST FOR ANNEXATION SUBMITTED BY RICHARD SCHMIDTBAUER
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
It was reported by City Engineer/Public Works Director Priebe that Richard
Schmidtbauer had decided to annex another small section of land along with
property already approved for annexation. One hearing would be held for
both areas.
After discussion, it was moved by Alderman Westlund, seconded by Alderman
Peterson and unanimously carried, to waive reading and adopt Resolution No.
6333 entitled Request for Annexation.
(k) CONSIDERATION OF HIRING SUMMER STAFF FOR RECREATION DEPARTMENT
A recommended list of summer staff for the Recreation Department was presented
to the Council for approval. After review, a question was raised about an in-
dividual living outside of Hutchinson. It was the consensus of the Council
that summer employees should be local residents, and it was requested that
her name be removed from the list.
It was moved by Alderman Westlund to approve the Recreation Department summer
staff, with the deletion of one name. Seconded by Alderman Peterson, the mo-
tion unanimously carried.
(1) CONSIDERATION OF HIRING LIQUOR STORE CLERK
After discussion, the motion was made by Alderman
employment of Donald Broten as liquor store clerk.
by Alderman Gruenhagen and unanimously carried.
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Peterson to approve the
The motion was seconded
Council Minutes
May 22, 1979
(m) CONSIDERATION OF APPROVAL OF MCDONALD'S PARK PLAN
A proposed plan for McDonald's Park was presented to the Park and Recreation
Board at their May meeting, and it was requested the Council approve it as a
Master Plan for McDonald's Park.
Following discussion, Alderman Westlund made the motion to defer action un-
til the next meeting. Seconded by Alderman Peterson, the motion unanimously
carried.
(n) CONSIDERATION OF PERMANENT APPOINTMENT OF NANCY BUSS
After discussion, it was moved by Alderman Westlund, seconded by Alderman
Peterson and unanimously carried, to approve the permanent status of Nancy
Buss.
(o) CONSIDERATION OF APPLICATION FOR DANCE PERMIT SUBMITTED BY ARTHUR K. HAGEN
(MODERN BUILDING SYSTEMS)
Following discussion, Alderman Peterson made the motion, seconded by Alder-
man Westlund and unanimously carried, to approve a dance permit for Arthur
K. Hagen.
(p) CONSIDERATION OF APPLICATION FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR
LICENSE FOR ARTHUR K. HAGEN (MODERN BUILDING SYSTEMS)
After discussion, it was moved by Alderman Peterson, seconded by Alderman
Huntwork and unanimously carried, to issue an "on -sale" non -intoxicating
malt liquor license to Arthur K. Hagen.
(q) CONSIDERATION OF TEMPORARY EMPLOYEES FOR PUBLIC WORKS DEPARTMENT
Following discussion, the motion was made by Alderman Gruenhagen, seconded by
Alderman Peterson and unanimously carried, to approve the employment of temp-
orary employees recommended for the Public Works Department.
(r) CONSIDERATION OF GUIDELINES FOR INDUSTRIAL AND COMMERCIAL DEVELOPMENT
REVENUE FINANCING
Mr. Steve Mattson of Juran & Moody, Inc. presented proposed guidelines for
industrial and commercial development revenue financing. He commented that
some cities have established a minimum amount of escrow deposit at the time
of application.
After considerable discussion, Alderman Westlund moved to adopt the guide-
lines, with "$1,000 minimum" added to item No. 10, and to waive reading and
adopt Resolution No. 6342 entitled Resolution Establishing Guidelines for In-
dustrial and Commercial Development Revenue Financing. The motion was sec-
onded by Alderman Huntwork and carried unanimously.
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Council Minutes
May 22, 1979
(s) CONSIDERATION OF HIRING SEASONAL TREE INSPECTOR
Following discussion, it was moved by Alderman Westlund, seconded by Alder-
man Huntwork and unanimously carried, to approve the employment of Wendell
W. Mathews as seasonal tree inspector.
(t) CONSIDERATION OF POLICE INTERN FOR BICYCLE SAFETY AND LICENSING PROGRAM
In conjunction with the Bicycle Safety and Licensing Program, it was request-
ed by the Chief of Police that Carol Schmidtbauer be hired as a summer in-
tern to administer the program. Her salary would be paid through State Funds
on a reimbursement system, and employment would be effective June 11, 1979.
After discussion, Alderman Westlund moved to approve employment of Carol
Schmidtbauer. Seconded by Alderman Gruenhagen, the motion unanimously carried.
(u) CONSIDERATION OF APPLICATIONS FOR RETAIL "ON -SALE" NON -INTOXICATING MALT
LIQUOR LICENSE BY:
1. STREET RODS UNLIMITED
2. RICHARD G. ANDERSON
Following discussion, the motion was made by Alderman Peterson, seconded by
Alderman Westlund and unanimously carried, to issue malt liquor licenses,
subject to approval by the Chief of Police.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT
Administrative Assistant Plotz reminded the Council of the Department Head
meeting to be held this coming Thursday morning. He further made reference
to a special assessment computer program meeting held with LOGIS and com-
mented he would be attending another one Thursday morning. On May 23, 1979
Bruce Ericson and Mr. Plotz will be attending a meeting in Alexandria.
Mention was made of a meeting held on May 15, 1979 with Juran & Moody, Inc.
and Clarence Simonowicz, City Attorney Schantzen, and City staff of City En-
gineering/Public Works Director Priebe, Mayor Black, and Mr. Plotz.
Council Minutes
May 22, 1979
(b)
(c)
COMMUNICATIONS FROM MAYOR BLACK
It was reported by Mayor Black that the term of Robert Prochnow on the
Police Civil Service Commission expired, and he appointed Mr. Prochnow to
another three-year term.
It was moved by Alderman Westlund, seconded by Alderman Peterson and unani-
mously carried, to ratify the appointment of Robert Prochnow.
Mayor Black commented that some cities have gone to a 20G per mile mileage
allowance for private vehicles and recommended the City of Hutchinson approve
an increase from 15� to 20� per mile.
After discussion, the motion was made by Alderman Westlund to authorize an
increase to 20(,' per mile allowance for use of private vehicles. Seconded by
Alderman Huntwork, the motion carried unanimously.
Mayor Black called attention to a letter received from Gary Winter of the
League of Minnesota Cities regarding an economic feasibility study of the
downtown redevelopment project. The computer calculations would cost an esti-
mated $2,500.
Discussion was given to who would be responsible for the cost of the study.
It was determined that if the project is feasible and"proceeds, the developer
would bear the cost of the study; if the project is not feasible and fails,
the City would bear the cost.
The motion was made by Alderman Westlund to enter into an agreement with the
Technical Assistance & Research Service of the League of Minnesota Cities to
conduct a feasibility study, and further to establish guidelines for tax in-
crement financing. Seconded by Alderman Huntwork, the motion carried unani-
mously.
COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Schantzen reported the two resolutions for the 1979 improvement
bonds were ready for adoption and signing.
It was moved by Alderman Westlund to waive reading and adopt Resolution No.
6336 entitled Resolution Consolidating Improvements. The motion was seconded
by Alderman Huntwork and unanimously carried.
It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive
reading and adopt Resolution No. 6337 entitled Resolution Providing for Issu-
ance and Public Sale of $1,050,000 Improvement Bonds of 1979. Motion carried
unanimously.
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Council Minutes
May 22, 1979
(d) COMMUNICATIONS REGARDING SWIMMING POOL PROPOSAL
Mrs. Mike Mercer and Mrs. Arnold Kaiser presented a proposal on an outdoor
swimming pool to be located in Linden Park. They would like to see a refer-
endum put before the residents on this issue. An inquiry was made on other
means of financing such a project besides taxes.
Mayor Black remarked there was a desirability for a swimming pool, but he
wondered if the group was aware of the cost involved and method of financing
it. He felt the idea required further thought before the Council could give
an answer on possibilities and probabilities of a swimming pool.
Alderman Gruenhagen requested the group promoting an outdoor swimming pool
to present a list of petitioners to the Council to indicate the interest in
this project.
Mrs. Mercer asked if the City Council could determine what communities have
built swimming pools in the last five years. Mayor Black instructed Admin-
istrative Assistant Plotz to obtain this information.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
It was moved by Alderman Westlund, seconded by Alderman Peterson and unani-
mously carried, to approve the verified claims and authorize payment from
appropriate funds.
12. ADJOURNMENT
There being no further business to come before the Council, the meeting was ad-
journed at 10:02 P.M., upon motion by Alderman Westlund, seconded by Alderman Gruen-
hagen and unanimously carried.
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