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09-23-1980 CCMri MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 1980 1. CALL TO ORDER Mayor Westlund called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Peterson, Lueneburg, Beatty and Gruenhagen, in addition to Mayor Westlund. Absent: None. Also present were: City Administrator Plotz, City Engineer Priebe, and City Attorney Schantzen. Alderman Peterson left the meeting early at 9:30 P.M. 2. INVOCATION The invocation was presented by the Reverend Germain Rademacher of St. Anastasia Catholic Church. 3. MINUTES The minutes of the Regular Meeting of September 9, 1980 and Special Meeting of September 16, 1980 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) LEVY LIMIT ADJUSTMENT - ITEM DELETED FROM AGENDA (b) CONSIDERATION OF 1981 BUDGET Mayor Westlund opened the public hearing at 8:30 P.M. and read Publication No. 2341, 1981 Budget Public Hearing. He then commented that the Council had been reviewing the budget, and it will be certified at a special meeting on October 8, 1980. The City will receive less state aid, and Congress has not made a final decision on federal revenue sharing. Also, funds from the Shade Tree Program have been cut. Mayor Westlund asked for comments from the public on the 1981 budget, and there was no response. It was moved by Alderman Beatty, seconded by Alderman Peterson and carried unanimously, to close the public hearing at 8:35 P.M. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENTS_: 1. JOHN MILLER - AIRPORT COMMISSION 2. DOUGLAS MCGRAW - AIRPORT COMMISSION 4. COUNCIL MINUTES SEPTEMBER 23, 1980 3. ROLAND EBENT - PLANNING COMMISSION 4. ARNOLD RUTZIEN - "SENIORS ACTIVITY CENTER" ADVISORY BOARD Mayor Westlund re -appointed John Miller and Douglas McGraw for five year terms each on the Airport Commission and appointed Roland Ebent to the Plan- ning Commission to complete the term of Robert Otte, which expires March, 1983. Arnold Rutzien was not appointed to the "Seniors Activity Center"'Advisory Board inasmuch as he lives outside the City limits. Another appointment will be made at a future meeting. It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to ratify the appointment of John Miller and Douglas McGraw to the Airport Commission. It was moved by Alderman Lueneburg, seconded by Alderman Beatty and unani- mously carried, to ratify the appointment of Roland Ebent to the Planning Commission. (b) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY BEN H. FISCHER Following discussion, the motion was made by Alderman Beatty to approve the reduced trash and refuse rate for Ben H. Fischer. The motion was seconded by Alderman Gruenhagen and carried unanimously. (c) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE ON OCTOBER 13, 1980 BY FIRE DEPARTMENT The Fire Department requested permission to use Library Square the evening of October 13, 1980 for a fire prevention demonstration in conjunction with National Fire Prevention Week. After discussion, Alderman Beatty moved to approve the use of Library Square by the Fire Department. Seconded by Alderman Gruenhagen, the motion unani- mously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 18/80 - ORDINANCE AMENDING SECTION 710:10 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED " STOP STREETS" BY ADDING SUBDIVISION NO. 14 THERETO, RELATIVE TO "TRAFFIC, LOCAL REGULATIONS" Following discussion, it was moved by Alderman Beatty to waive the second reading and adopt Ordinance No. 607 entitled Ordinance Amending Section 710:10 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Stop Streets" by Adding Subdivision No. 14 Thereto, Relative to "Traffic, Local Regulations." The motion was seconded by Alderman Lueneburg and unanimously carried. -2- COUNCIL MINUTES SEPTEMBER 23, 1980 (b) RESOLUTION NO. 6616 - RESOLUTION OF APPRECIATION - ROBERT OTTE After discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt Resolution No. 6616 entitled Resolution of Appreciation - Robert Otte. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - AUGUST 1980 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF HOSPITAL BOARD DATED JULY 15, 1980 AND AUGUST 19, 1980 AND SEPTEMBER 2, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF NURSING HOME BOARD DATED AUGUST 21, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF TRANSPORTATION BOARD DATED AUGUST 27, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF PLANNING COMMISSION DATED AUGUST 19, 1980 AND AUGUST 25, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF PARKS AND RECREATION BOARD DATED AUGUST 6, 1980 AND SEPTEMBER 3, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (g) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED AUGUST 5, 1980 AND SEPTEMBER 2, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -3- COUNCIL MINUTES SEPTEMBER 23, 1980 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST BY CLARENCE FREITAG TO SELL WESTERLY 150 FEET OF LOT 81, LYNN ADDITION WITH EASEMENT FOR INGRESS AND EGRESS TO LYNN ROAD (DEFERRED SEPTEMBER 9, 1980) City Engineer Priebe reported he and Mr. Clarence Freitag had met to discuss the costs for installation of a catch basin and storm sewer if Mr. Freitag proceeded to build a house on the back lot of his property. At the present time there is no existing water problem; however, development on the lot would reduce the surface area and water would gather. Mr. Clarence Freitag appeared before the Council and stated the storm sewer cost was too expensive. Further, he didn't think he should have to pay the entire amount since others would benefit from the storm sewer. During the six years he had owned the property there had been no drainage problem until now when he was considering building. Mr. John Swanson stated there was standing water on the east side of his house and also on the north side of the property in question. It was the consensus of the Council that there might be a water problem with the erection of a house on the back lot of Clarence Freitag's property. Mayor Westlund stated he couldn't understand why Mr. Freitag should pay for the storm sewer and be penalized for building on his own lot. He then re- quested the City Engineer to review the area in question and determine the cost for a storm sewer. The motion was made by Alderman Lueneburg to table this item until the next meeting. Seconded by Alderman Beatty, the motion unanimously carried. (b) CONSIDERATION OF EXTENSION ON CONDITIONAL USE PERMIT FOR JUNE REDMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION June Redman requested an extension on a recent Conditional Use Permit to put in a Circle Drive in the spring of 1981. The Planning Commission gave approval to the request, contingent that no further extensions be given and all work be completed by June 1, 1981. It was pointed out that the Council did not want to set a precedent with this particular situation. A date for completion of the work had been established, and it must be complied with. After discussion, Alderman Beatty moved to approve the extension of the Con- ditional Use Permit for June Redman. Seconded by Alderman Lueneburg, the motion unanimously carried. -4- COUNCIL MINUTES SEPTEMBER 23, 1980 9. NEW BUSINESS (a) PRESENTATION BY GREG CURRY REGARDING HUTCHINSON CROW RIVER CABLE FRANCHISE This item was withdrawn from the Agenda. (b) CONSIDERATION OF INCREASING HUTCHMOBILE FARES The Transportation Board recommended the City increase the Hutchmobile fares effective November 1, 1980. The Shuttle Service and Advance Reservation would be increased from $.25 to $.50, and the Same Day Reservation would be increased from $.50 to $.75. The Coupon Books would continue to be sold with one 25�- free coupon per book, and the senior citizens and handicapped would be allowed an additional 25G discount on coupon books. After discussion, Alderman Beatty moved to approve the Hutchmobile fare in- creases. The motion was seconded by Alderman Gruenhagen and carried unani- mously. (c) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MCLEOD FINANCIAL RESOURCES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Charles Gersdorf, representative for the Church of Jesus Christ of Latter - Day Saints, appeared before the Council and requested a variance to allow the reduction of off-street parking spaces from 15 to four. His church group will be purchasing the property owned by McLeod Financial Resources and using it as a church for a temporary period until a chapel is built elsewhere. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg and carried unanimously, to approve the variance and waive reading and adopt Resolution No. 6617 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Re- duction of Off Street Parking Spaces. (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GRACE LUTHERAN CHURCH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION,WITH CONTINGENCY The Planning Commission approved a Conditional Use Permit for Grace Lutheran Church to allow an addition to a non -conforming building in its zone, with the contingency that a time schedule be agreed upon between the City and ap- plicant for completion of a surfaced parking lot. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg and unanimously carried, to waive reading and adopt Resolution No. 6618 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Addition to Non -Conforming Building, with above -stated contingency. -5- COUNCIL MINUTES SEPTEMBER 23, 1980 (e) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GRACE LUTHERAN CHURCH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Planning Commission approved a Variance for Grace Lutheran Church to allow the construction of an addition to the present structure and to re- duce the front yard setback from 25 feet to five feet. Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6619 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 for Reduction of Front Yard Setback to Allow Construction of Addition to Present Structure. Seconded by Alderman Gruen- hagen, the motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY ALBRECHT OIL CO. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg and unanimously carried, to waive reading and adopt Reso- lution No. 6620 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Install 15,000 Gallon Under- ground Tank and Expansion of Pump Island to Non -Conforming Building, with the contingency that the property owner agree to place all existing above -ground storage tanks underground by October 1, 1985. (g) CONSIDERATION OF AMENDING ZONING ORDINANCE NO. 464 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz reported the amendments to Ordinance No. 464 were made to comply with state and federal regulations concerning the flood plain district. Since the Planning Commission approved the amendments, six sec- tions have been deleted upon the recommendation of the Minnesota Department of Natural Resources. Following discussion, Alderman Beatty made the motion to waive first reading of Ordinance No. 19/80 entitled Ordinance Amending Zoning Ordinance No. 464, City of Hutchinson, Minnesota, and set second reading for October 14, 1980. Seconded by Alderman Lueneburg, the motion unanimously carried. (h) CONSIDERATION OF AMENDING SUBDIVISION ORDINANCE NO. 466 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz stated Subdivision Ordinance No. 466 was also being amended to comply with state and federal regulations relative to the flood plain district. Likewise, it had deletions since approved by the Planning Commission. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 20/80 entitled Ordinance Amending Section 5.03 of Subdivision Ordi- nance No. 466, City of Hutchinson, Minnesota, and set second reading for Oc- tober 14, 1980. Seconded by Alderman Lueneburg, the motion carried unanimously. M -M COUNCIL MINUTES SEPTEMBER 23, 1980 (i) CONSIDERATION OF SPECIAL MEETING TO ADOPT 1981 BUDGET The 1981 Budget has to be certified with the County by October 10, 1980, but the next regular meeting of the Council is scheduled for October 14, 1980. Therefore, it is necessary to establish a date for a special meeting of the Council to adopt the 1981 Budget. It was the consensus of the Council to hold a special meeting at 12:00 Noon on October 8, 1980. The motion was made by Alderman Gruenhagen to set a special meeting to adopt the 1981 Budget on October 8, 1980 at 12:00 Noon. Seconded by Alderman Luene- burg, the motion unanimously carried. (j) CONSIDERATION OF LIQUOR STORE CLERK It was recommended that Kendall Rekstad be hired as liquor store clerk, ef- fective September 25, 1980. Following discussion, Alderman Lueneburg moved to approve the employment of Kendall Rekstad. The motion was seconded by Alderman Beatty and carried unanimously. (k) CONSIDERATION OF ADDITIONAL SWIMMING INSTRUCTORS Two swimming instructors, namely Ellen Kammischke and Karla McCue, were recom- mended as temporary employees for the swimming program. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried, to approve the employment of the above-named swimming instructors. (1) CONSIDERATION OF AUTHORIZING PREPARATION OF SPECIFICATIONS AND ADVERTISEMENT OF BIDS FOR HEAVY EQUIPMENT IN STREET DEPARTMENT Ralph Neumann, Director of Maintenance Operations, reported the 1980 budget provided for the purchase of several pieces of heavy equipment. He requested authorization to prepare specifications and advertise for bids on a new front- end loader with snow blower, a one -ton truck, and a two -ton truck. Following discussion, Alderman Gruenhagen made the motion to authorize pre- paration of specifications for above-named equipment and advertise for bids. The motion was seconded by Alderman Lueneburg, and unanimously carried. (m) PRESENTATION BY BILL FAHEY, EHLERS & ASSOCIATES, REGARDING PROPOSED TAX INCREMENT BOND PROGRAM AND REVISED AMENDMENT TO INCREMENT PLAN -7- COUNCIL MINUTES SEPTEMBER 23, 1980 Mr. Bill Fahey, financial consultant from Ehlers & Associates, presented a report on the proposed tax increment bond program and revised amendment to the increment plan. He pointed out a public hearing will be held October 14, 1980, at which time changes in the plan will be approved. Also, a Bond Reso- lution will be adopted. Therefore, the Council must decide what items are to be included in the bond. Mr. Ray Zimmermann, Manager of the Farmers Elevator Association, informed the Council he had been contacted by representatives of the Burlington Nor- thern Railroad. The Railroad will not approve a spur line installation un- less an agreement is reached between the City and Elevator on land trade and easement across Elevator property for a connecter track. The cost to the City for the easement would be $100,000. City Engineer Priebe presented a map of the area under discussion and showed where the proposed tracks would be located. It was the consensus of the Council to hold a special meeting at 6:30 A.M. on September 25, 1980 to discuss the railroad track issue and determine bond inclusions. Attorney Neil Jensen and Bernard Knutson, representatives of a local non- profit group, introduced Tony Vavolous of Knutson Companies. They reported a survey was conducted in Hutchinson to determine there was a need for moder- ate -income housing. Therefore, the Knutson Companies was contacted since they build condominium -type apartment buildings. Mr. Vavolous stated the assured loan through HUD required a local non-profit sponsor. Once the 60 -units are sold by purchase of shares and owned by a cooperative, the Knutson Companies would no longer be involved with owner- ship of the building. Persons 60 and over with an income of $8,500 or more per year would qualify. One of the sites selected for the cooperative liv- ing center is where the proposed motel was to be built. The spur track and flood plain are two foreseen problems in connection with the $3 million project. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the final draft of the land purchase agree- ment and lease agreement for the Senior Citizens Center had been received, and it is being reviewed by the City's financial consultant. The MHFA will have the final word on the type of lease that will be used, ie. long-term or fee interest. COUNCIL MINUTES SEPTEMBER 23, 1980 (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund reported he had received a telephone call concerning the need for a stop sign from the north onto Century Avenue. Attention was called to the fact that the week of October 19, 1980 is United Nations Week. The Mayor appointed Jay Beytien as chairman of activities for this particular week. (c) COMMUNICATIONS FROM ASST. DIRECTOR OF MAINTENANCE OPERATIONS Assistant Director Roberts reported the gross total sales from the City Auc- tion held September 18, 1980 came to $4,259.01. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schantzen stated the Title Insurance Company had raised a ques- tion on the lot where the McLeod Historical Society was located. They re- quested a signed indemnification agreement on title by the City. Following discussion, the motion was made by Alderman Beatty to authorize the City Clerk and Mayor to sign the necessary papers to clear the site for the high rise. Seconded by Alderman Lueneburg, the motion carried unani- mously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:30 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Lueneburg and unanimously carried.