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09-09-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 9, 1980 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 8:00 P.M., with the follow- ing members present: Aldermen Peterson, Lueneburg, Gruenhagen and Beatty, in addi- tion to Mayor Westlund. Absent: None. Also present were: City Administrator Plotz, City Engineer Priebe, and City Attorney Schantzen. 2. INVOCATION The Reverend John Harpel, St. Anastasia Catholic Church, presented the invocation. 3. MINUTES The minutes of the Regular Meeting of August 26, 1980 and Special Meeting of August 28, 1980 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:30 P.M. (a) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 86 Mayor Westlund called the hearing to order at 8:35 P.M. and read Publication No. 2331, Notice of Hearing on Proposed Assessment, Assessment Roll 86, Pro- ject 79-02, Clifton Heights. The procedure for paying the assessment costs was explained by City Adminis- trator Plotz. He stated the interest rate per annum on the unpaid balance of the assessment would be 7%, and Assessment Roll No. 86 would be payable in equal annual installments over a 10 year period. City Engineer Priebe reported the project was started in December, 1978 and a public hearing held in April, 1979. The construction of the trunk storm sewer and appurtenances was done during this calendar year. He pointed out that although there were 45 property owners listed on Roll No. 86, many of them will be deferred since they are outside the city limits at this time. John Mlinar of Clifton Heights raised several questions concerning cost and City policy on storm sewers. It was moved by Alderman Lueneburg to declare the hearing closed at 8:52 P.M. Seconded by Alderman Beatty, the motion unanimously carried. It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6615 entitled Adopting Assessment Roll No. 86. Motion unanimously carried. COUNCIL MINUTES SEPTEMBER 9, 1980 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR GEORGE FIELD TO ATTEND MINNESOTA STATE FIRE CHIEFS CONFERENCE OCTOBER 15-18, 1980 (b) (c) Following discussion, the motion was made by Alderman Peterson to approve George Field attending the Minnesota State Fire Chiefs Conference. Seconded by Alderman Beatty, the motion carried unanimously. CONSIDERATION OF REQUEST FOR PRIZES, BANNER AND PROCLAMATION FOR FIRE PREVENTION WEEK Fire Marshal Field reported Fire Prevention Week had been designated for October 5-11, 1980. In conjunction with this week, there will be a poster contest in the elementary schools within the fire coverage area. It was re- quested that cash prizes be made available to the six schools involved. Also, it was requested to purchase a banner for over Main Street at a cost of $50 and publish a Proclamation for National Fire Prevention Week in The Hutchinson Leader. After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Gruenhagen and unanimously carried, to approve the aforementioned requests for Fire Prevention Week. CONSIDERATION OF REQUEST FOR DOUG MEIER, LARRY KARG, DUANE DASHER, AND ELDON BARKEIM TO ATTEND HIGH BOILER PRESSURE SEMINAR Following discussion, Alderman Gruenhagen moved to approve the above-named individuals attending a High Boiler Pressure Seminar to obtain a boiler li- cense. The motion was seconded by Alderman Lueneburg and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 17/80 - AN ORDINANCE TO VACATE AN ALLEY IN BLOCK 15, S 1/2 CITY, N 132' After discussion, it was moved by Alderman Gruenhagen to waive second reading and adopt Ordinance No. 606 entitled An Ordinance to Vacate An Alley In Block 15, S 1/2 City, N 132' and Balance of Alley Vacation Contingent Upon Purchase of Two Properties, and retain an easement for utilities. Seconded by Alder- man Beatty, the motion unanimously carried. (b) RESOLUTION NO. 6613 - RESOLUTION AUTHORIZING SUBSTITUTION OF SECURITIES TO FIRSTATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt -2- COUNCIL MINUTES SEPTEMBER 9, 1980 Resolution No. 6613 entitled Resolution Authorizing Substitution of Securi- ties to Firstate Federal Savings & Loan Association of Hutchinson, Minnesota. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - AUGUST 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF TREE BOARD DATED AUGUST 19, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF TRANSPORTATION BOARD DATED JUNE 18, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ASSESSMENT ROLL N0. 79, ITEM NO. 17, FOR PATRICK M. MIKULECKY (DEFERRED AUGUST 26, 1980) City Engineer Priebe stated that Project 79-03 was handled in the same manner as other city projects for curb and gutter have been done for the past seven years. Pat Mikulecky commented the subdivision agreement did not mention driveway. Also, the Council minutes did not refer to driveway, but rather said curb and gutter only. One year later the description of the project was changed to include "appurtenances." He felt he was not legally notified of a drive- way apron, and he could have saved money by having the work done locally. City Engineer Priebe pointed out that if the structure had been built after the curb and gutter had been put in, it would be up to the property owner to place the apron. The apron is required when there is a curb and gutter pro- ject. At the time the subdivision agreement is worked out, the land is bare. The driveway approach is on City right-of-way. City Attorney Schantzen stated he didn't think the wording of the project was significant; the driveway panel is included as part of the curb and gut- ter project. The notice received by Mikulecky was proper, whether the word "appurtenances" was stated or not. Mr. Mikulecky inquired about the procedure for filing with District Court to) appeal the assessment. -3- COUNCIL MINUTES SEPTEMBER 9, 1980 The motion was made by Alderman Beatty to close the hearing at 9:20 P.M. Seconded by Alderman Beatty, the motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and unani- mously carried, to adopt Assessment Roll No. 79, Item No. 17. (b) 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 AUGUST 26, 1980) City Engineer Priebe presented a report on the Subdivision of Lot 81, Lynn Addition. After reviewing elevation maps prepared by private engineers, it was his recommendation to install a storm sewer system to Milwaukee Avenue from the westerly side of the lot. This would require rebuilding a perma- nent street. The estimated cost would be $8,690. In a similar situation, the property owner paid for the expense of putting in the storm sewer. Fire Marshal Field stated there would be adequate fire protection service to a house on the back lot. Mr. John Swanson expressed concern about a possible drainage problem. Also, the location of the driveway could present snow removal problems. City Engineer Priebe commented a catch basin could prevent water from going into basements in the area. It was the consensus of the Council that the cost of the storm sewer should be the responsibility of Mr. Clarence Freitag. The motion was made by Alderman Gruenhagen to table the matter to the next meeting and have staff meet with Mr. Clarence Freitag to discuss the cost of the storm sewer system. Seconded by Alderman Beatty, the motion unani- mously carried. (c) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT (PUD AMENDMENT) SUBMITTED BY ELDRED MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES (DEFERRED AUGUST 26, 1980) Mayor Westlund stated the developer and members of the Miller Townhouse Asso- ciation had reached an agreement on the PUD amendment since the last Council meeting. He then read the letter received, which stated the Miller Townhouse Association unanimously accepted a basic change in building size. Instead of one building with eight living units, two buildings with two living units and two buildings with three living units would be built. The exterior architec- ture will be similar to the existing two buildings, with design and any changes approved by the Architectural Committee of the Association. -4- COUNCIL MINUTES SEPTEMBER 9, 1980 Mr. Jim McClure, Vice President of Miller, Miller & Mac, commented that the members in the Association have to approve anything done by the developer and builders. He felt this was a fair way to operate. The amended plan will be a "mix" of townhouse and condominium. After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 6599 entitled Resolution Granting Conditional Use Permit Under Sec- tion 6.07, C.5 of Zoning Ordinance No. 464 to Allow A Change In A PUD Develop- ment At Stoney Point Addition. Seconded by Alderman Lueneburg, the motion unanimously carried. (d) DISCUSSION ON CONDITIONAL USE PERMIT ISSUED TO JUNE REDMAN City Engineer Priebe reported he had received complaints regarding construc- tion in the front area of property owned by June Redman which was not in com- pliance with the Conditional Use Permit issued by the City. Therefore, he sent a letter to Mrs. Redman on September 5, 1980 regarding this matter. June Redman appeared before the Council and stated she had received a per- mit from the State in June to allow widening her drive. Also, she had a building permit to widen the approach and entrance and removal of a tree for construction. The City staff had recommended rezoning and suggested a circle drive. The circle drive was then submitted to State for approval and granted. It was also presented to the Planning Commission, where restrictions were added. The plan was unaffordable, so she decided to proceed with the pre- vious plan of a concrete slab for three to four cars in the front of the building. It was pointed out that rezoning was recommended inasmuch as the Redman Real Estate business operation was going to include additional staff members. The restrictions were placed on the circle drive to eliminate off street parking in the front setback and to ensure state highway safety. Mayor Westlund read the stipulations stated in Resolution No. 6557 and stated the City Engineer's letter would stand for correcting the construction to con- form by October 1, 1980. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE BY CAROL FRANSEN Following discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Beatty and carried unanimously, to issue a cigarette license to Carol Fransen. (b) CONSIDERATION OF HIRING PART-TIME CLERK FOR LIQUOR STORE After discussion, Alderman Beatty moved to approve hiring Jeanette Matheny as a part-time clerk for the liquor store. Seconded by Alderman Gruenhagen, the motion unanimously carried. -5- COUNCIL MINUTES SEPTEMBER 9, 1980 (c) CONSIDERATION OF STOP SIGN AT MERRILL AVENUE AND MADSON STREET Chief of Police O'Borsky requested that Merrill Street be made a stop street at the intersection of Madson Avenue to prevent future accidents at this lo- cation. Following discussion, the motion was made by Alderman Beatty to waive the first reading of Ordinance No. 18/80 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" and set second reading for September 23, 1980. The motion was seconded by Alderman Lueneburg and carried unanimously. (d) CONSIDERATION OF PART-TIME PERSONNEL FOR PARKS & RECREATION DEPARTMENT The following were recommended for part-time positions in the Parks and Rec- reation Department: Steve Blake, Kris Pellinen, Nancy Pellinen, Tamie Moeh- ring, Sandra Brozik. After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried, to approve the employment of the above- named part-time personnel for Parks and Recreation Department. (e) CONSIDERATION OF LEASE AGREEMENT WITH DR. KENNETH H. PETERSON, TENANT IN MEDICAL OFFICE BUILDING The Hospital Board approved a lease agreement with Dr. Kenneth H. Peterson, new tenant in the Medical Office Building. It was requested that the Mayor affix his signature in order to execute the lease agreement. Following discussion, Alderman Lueneburg moved to approve the lease agree- ment and authorize the Mayor to sign said lease with Dr. Kenneth H. Peterson. Seconded by Alderman Peterson, the motion carried unanimously. (f) CONSIDERATION OF PUBLIC HEARING ON AMENDING AREA NUMBER 2 OF DEVELOPMENT DISTRICT NUMBER 4 City Administrator Plotz reported it would be necessary to hold a public hearing to extend and amend the boundaries of Development District No. 4, an extension and amendment of its development program and tax increment fi- nancing plan. The boundaries of Area No. 2 of Development District No. 4 proposed to be expanded include: Lots 4, 5, 6 and 7 of Block 14 and Lots 3, 4 and 5 of Block 15 and that portion of Jefferson Street and the first alley west of Jefferson Street, 132 feet north of Second Avenue S.E., all located in South half of City, City of Hutchinson, Minnesota. Mr. Plotz further explained the procedure for notifying the School Board and County regarding the amendment of the Development District No. 4. Im COUNCIL MINUTES SEPTEMBER 9, 1980 The City has received the two options for purchase of parcels belonging to Anthony Forcier and Michael Guetter, with a November 7, 1980 expiration date. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolu- tion No. 6614 entitled Resolution Calling for Public Hearing on Amending Area Number 2 of Development District Number 4 and Tax Increment Financing Plan, and setting public hearing for October 14, 1980 at 8:00 P.M. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -CITY ADMINISTRATOR City Administrator Plotz reported the 1981 budgets are ready for Council re- view. Dates were then set for workshops to go over the budget. Mr. Plotz reported on two recent resignations, namely, Jean Lerberg as HRA Executive Director and Robert Otte from the Planning Commission. Reference was made to the decrease in State aids in the amount of 8.3%. Since the Historical Society will be vacating its building by the end of September, the Society will be in need of storage space for artifacts. Mr. Plotz asked if the City would have any space available to store these items. After discussion, it was decided to consider this matter further at another meeting. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund reminded the Council members of the Regional Meeting of the League of Cities to be held in New Ulm on October 2, 1980. The Mayor asked for an up -date on the assessments for Hands, Inc. and Lynn Card Co. for Project 79-04. He was told by City Administrator Plotz that both parties had been assessed equally for the cost of the storm sewer. A letter had also been received from Hands, Inc. and Lynn Card Co. stating they felt other businesses in the area should also be billed for this assess- ment. It was the consensus of the Council to defer the assessment on Assess- ment Roll No. 82, Project 79-04, Items No. 11 and 46, until the storm sewer line is completed in the area. Mayor Westlund reported the Chamber of Commerce had submitted two requests in conjunction with the Arts and Crafts Festival to be held September 12-13, 1980. First, the Heartmobile will be available to the public behind the bandshell on First Avenue and requires four or five parking meters covered. Second, the Square Dance Club will be performing on Saturday from 2:00 - 3:00 P.M. and requires First Avenue to be blocked off from the alley to Main Street from 1:00 to 3:00 P.M. -7- COUNCIL MINUTES SEPTEMBER 9, 1980 Following discussion, it was moved by Alderman Peterson, seconded by Alder- man Beatty and carried unanimously, to approve the requests of the Chamber of Commerce. (c) COMMUNICATIONS FROM ALDERMAN LUENEBURG Alderman Lueneburg reported he had proposals for repair of the roof on the liquor store. It was decided to discuss this matter at the budget workshop the next day. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg and car- ried 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 10:10 P.M. upon motion by Alderman Lueneburg, seconded by Alderman Peter- son and unanimously carried. so