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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 Fj 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 -2- 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. -3- 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 -4- 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. -5- 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. -7- 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. M 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. -10- `�r 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. -11-