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07-22-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 22, 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, Gruenhagen and Beatty, in addition to Mayor Westlund. Absent: None. Also present: City Administrator Plotz and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend James P. Lauer of the Peace Lutheran Church. 3. MINUTES The minutes of the Regular Meeting of July 8, 1980 were approved as presented upon motion by Alderman Lueneburg, seconded by Alderman Peterson and carried unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF CLAIM AGAINST CITY FOR SEWER BACK-UP On June 20, 1980 Mr. Bill Barrie of 145 Fifth Avenue N.E. had sewer water back up into his basement and main floor bathroom. He submitted a claim for $20.00 to cover damage and labor for clean-up. It was the recommendation of Director Neumann for the City to pay the amount for the claim. Following discussion, it was moved by Alderman Lueneburg to approve payment of $20.00 to Bill Barrie. Seconded by Alderman Beatty, the motion unanimously carried. (b) STATUS REPORT BY PHILIP GRAVES ON ENERGY MAXI -AUDIT FOR HUTCHINSON COMMUNITY HOSPITAL ,.Administrator Graves presented a maxi gpargy audit report for the Hutchinson (-Community Hospital. This report has.b.eyen submitted to the federal government for 50% matching funds to cover expenditures for equipment modifications in the approximate amount of $68,000. Mr. Graves requested approval from the City Council, pending matching funds from the government, to advertise for bids for the purchase of a microprocessor and related equipment modifications recommended in the Maxi Energy Audit. After discussion, the motion was made by Alderman Gruenhagen, seconded by Ald- erman Peterson and carried unanimously, to grant the request. COUNCIL MINUTES JULY 22, 1980 (c) CONSIDERATION OF APPOINTMENTS: 1) LARRY ROMO - PLANNING COMMISSION 2) EUGENE DAGGETT - UTILITIES COMMISSION, EFFECTIVE 9-1-80 Mayor Westlund requested the Council to ratify the appointment of Larry Romo to the Planning Commission to complete the term of Paul Christen and the ap- pointment of Eugene Daggett to the Utilities Commission, effective September 1, 1980. Alderman Peterson moved to ratify the appointment of Larry Romo-to the Planning Commission. The motion was seconded by Alderman Lueneburg and carried unani- mously. Alderman Beatty moved to ratify the appointment of Eugene Daggett to the Utili- ties Commission for a six year term, effective September 1, 1980. Seconded by Alderman Peterson, the motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 15/80 - ORDINANCE AMENDING SECTION 800:45 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED HOURS OF SALE Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to waive the second reading and adopt Ordinance No. 604 entitled Ordinance Amending Section 800:45 of the 1974 Ordi- nance Code of the City of Hutchinson, Entitled Hours of Sale. (b) ORDINANCE NO. 16/80 - ORDINANCE AMENDING SECTION 805:00 (XIII) OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED INTOXICATING LIQUOR Following discussion, Alderman Lueneburg moved to waive the second reading and adopt Ordinance No. 605 entitled Ordinance Amending Section 805:00 (XIII) of the 1974 Ordinance Code of the City of Hutchinson, Entitled Intoxicating Liquor. The motion was seconded by Alderman Peterson and unanimously carried. (c) RESOLUTION NO. 6567 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Peterson, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolution No. 6567 entitled Transferring $10,000 from Liquor Store to General Fund. (d) RESOLUTION NO. 6574 - TRANSFERRING $110,000 FROM BOND OF 1980 FUND TO GENERAL FUND Following discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Gruenhagen and unanimously carried, to waive reading and adopt Resolution No. 6574 entitled Transferring $110,000 from Bond of 1980 Fund to General Fund. -2- COUNCIL MINUTES JULY 22, 1980 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JUNE 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HOSPITAL BOARD DATED JUNE 17, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED JUNE 17, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF NURSING HOME BOARD DATED JUNE 19, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST BY HUTCHINSON ELKS LODGE FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE AND PERMISSION TO BLOCK OFF RIVER ROAD (DEFERRED 7-8-80) Alderman Peterson reported he had been contacted by someone from the Elks Lodge regarding the above stated request. Following discussion, the motion was made by Alderman Gruenhagen to approve the issuance of an "On Sale" Non -Intoxicating Malt Liquor License and accept the recommendation from the Police Chief that snowfencing be used to close in the park area. Seconded by Alderman Peterson, the motion unanimously carried. (b) JUNE REDMAN'S CONDITIONAL USE PERMIT REQUEST REFERRED BACK TO PLANNING COMMISSION BY CITY COUNCIL (DEFERRED JUNE 24, 1980) City Administrator Plotz stated the request for a circle driveway had been referred back to the Planning Commission. It was their recommendation to amend the original recommendation, with the following stipulations: a) No off street parking in front setback, b) Garage be moved as far north as pos- sible, c) No business sign be permitted unless attached to main building, d) applicant provide installation of 6" high concrete curbing surrounding a mini- mum of green area of 20' x 30' and this not to be used as part of the off street parking, and e) "No Parking in Circle Drive" signs be posted in drive- way. -3- COUNCIL MINUTES JULY 22, 1980 After discussion, it was moved by Alderman Gruenhagen to waive reading and adopt Resolution No. 6557 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Utilization of Present Structure for Residence and Real Estate Office and Relocate Existing Garage, contingent on aforementioned stipulations of Planning Commission. The motion was seconded by Alderman Beatty and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF MOTOROLA SERVICE CONTRACT FOR RADIO EQUIPMENT MAINTENANCE IN POLICE DEPARTMENT Chief of Police O'Borsky presented a Service Agreement with Motorola for main- tenance of radio equipment in the Police Department. The contract would be effective July 1, 1980, with no increase in price over the present contract. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried, to approve the Service Agreement with Motorola. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter sent to all delinquent account holders was read by Mayor Westlund. He then inquired if there was anyone present wishing to be heard regarding his/her account. No one responded. After discussion, Alderman Gruenhagen moved to discontinue service on Monday, July 28, 1980 at noon for the following accounts if unpaid by that date, with the exception of account No. 02-0280-1-00 to be paid August 1, 1980: 01-0660-1-00, 02-0125-0-00, 02-0575-2-00, 04-0675-0-00, 05-0765-2-00, 07-0355-3-00, 07-0870- 0-00, 07-0880-6-00, 07-0935-2-00, 12-1015-2-00, 12-1037-0-00, 16-0435-0-00, 25- 0140-2-00, 42-0070-1-00, 10-0475-7-00, and 40-0217-0-00. Seconded by Alderman Lueneburg, the motion carried unanimously. (c) CONSIDERATION OF ADVERTISING FOR BIDS ON HOSPITAL PARKING LOTS Administrator Graves reported on the need for resurfacing two parking lots at the hospital. The bituminous surfacing in the Medical Office Building park- ing lot will have to be replaced with concrete because of ground water prob- lems. The south employee parking lot and regular visitor's parking lot need a one inch coat of bituminous surfacing. Also, Mr. Graves requested permis- sion to inform the design architectural firm of Horty, Elving, and Associates of the hospital's dissatisfaction with the life of the bituminous surfacing of the Medical Office Building parking lot. Following discussion, it was moved by Alderman Gruenhagen to approve adver- tising for bids for additional concrete surfacing in the Medical Office Build- ing parking lot in the approximate amount of $14,500, with bids to be opened at 2:00 P.M. on August 12, 1980. Seconded by Alderman Beatty, the motion unani- mously carried. -4- COUNCIL MINUTES JULY 22, 1980 It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to approve the services of Preferred Paving of Young America to put on the one inch bituminous coat on the south employee parking lot and the regular visitors parking lot in the amount of $8,800. (d) CONSIDERATION OF GROUP HEALTH AND BENEFIT RENEWALS The group health and benefit insurance policies will expire August 1, 1980. It was the recommendation of the City Accountant to approve the proposals re- ceived from the present carriers and sign the appropriate contracts. After discussion, Alderman Gruenhagen moved to approve the group health and benefit renewals and authorize signing the contracts. The motion was seconded by Alderman Beatty and carried unanimously. (e) CONSIDERATION OF ADDITIONAL SUMMER EMPLOYEES FOR FORESTRY The City Forester requested three additional summer employees for the tree in- jection program. The Department of Natural Resources has funds available to reimburse wages for people to help with tree injections. It c�as,therefore, recommended that Barbara Rossing, Russell Willard and Eric Skeie be employed as summer employees. Alderman Beatty moved to approve the employment of the three above-named in- dividuals. Seconded by Alderman Lueneburg, the motion unanimously carried. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY THE BIG C (CHARLES BOETTCHER) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY The City Administrator reported that The Big C had requested a Conditional Use Permit to allow a 12' x 42' addition to an existing building in an IC -1 zone. The Planning Commission recommended approval, with the condition that parking regulations of the zoning ordinance be met and hard surfaced parking be provided. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolution No. 6569 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow 12' x 42' Addition to Existing Build- ing In IC -1 Zone. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY AMOCO FOODS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY After discussion, it was moved by Alderman Gruenhagen to waive reading and -5- COUNCIL MINUTES JULY 22, 1980 adopt Resolution No. 6570 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Installation of Bulk Liquid Oxygen System In IC -1 Zone, with the contingency that the appli- cant maintain housekeeping within 50 feet radius of proposed installation of Class A combustible materials. Seconded by Alderman Beatty, the motion unani- mously carried. (h) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY ERICKSONS DIVERSIFIED CORPORATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY City Administrator Plotz reported a variance was necessary for a rear setback from 50 feet to 25 feet for a residential zone to allow the construction of a new service station building - After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Peterson and carried unanimously, to waive reading and adopt Resolution No. 6571 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 for Rear Setback from Residential Zone to Allow Con- struction of New Service Station Building, contingent upon parking requirements being met and the Fire Marshal inspection and approval. (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CROW RIVER COUNTRY CLUB WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Peterson to waive reading and adopt Resolution No. 6572 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction of Detached Club House Facility In R-1 District. The motion was seconded by Ald- erman Beatty and unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY 3M COMPANY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz reported the 3M Company needed a Conditional Use Per- mit to allow the installation of two underground solvent storage tanks, one with a 20,000 gallon capacity and one with a 13,000 gallon capacity. It was the recommendation of the Planning Commission to approve the Conditional Use Permit, subject to inspection and approval by the Fire Marshal. After discussion, Alderman Beatty moved to waive reading and adopt Resolution No. 6573 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Installation of Two Underground Sol- vent Storage Tanks. Seconded by Alderman Gruenhagen, the motion unanimously carried. (k) CONSIDERATION OF REQUEST BY RONALD W. BURANDT TO MOVE MOBILE HOME ENTRANCE COUNCIL MINUTES JULY 22, 1980 Mr. Ronald W. Burandt requested permission to move a 12' x 14' mobile home entrance addition from the rural area to Lot 19, McDonald's Lakeview Park. The Building Official Willard recommended approval, subject to four stipu- lations. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, to approve moving the mobile home entrance. (1) CONSIDERATION OF REPAIR OF DECKING AND STEPS OF BAND STAND Two bids were received to repair the decking and steps of the band stand in Library Square. It was recommended to accept the low bid from Betker Con- struction Inc. in the amount of $942.00. After discussion, the motion was made by Alderman Lueneburg to award the bid for repairs to Betker Construction Inc. in the amount of $942.00. Seconded by Alderman Gruenhagen, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented he had received a telephone call from a representative of Plaza 15 stating there will be a Farm Produce Sale on Aug- ust 9, 1980 at Plaza 15. No permit would be required. On July 17, 1980 the bond closing for $900,000 was held. Now the City can proceed with the improvement projects. Messrs. Merrill and Plotz attended a meeting on Wednesday, July 21, regarding city parking assessments. They have prepared a formula for parking assessments which is ready for presentation to the Council. The Council members were reminded of up -coming meetings scheduled for Thursday, July 23, 1980. (b) COMMUNICATIONS FROM CHAMBER OF COMMERCE The Chamber of Commerce requested permission to extend the band concert series for an additional Thursday night, namely August 14, 1980, and to use the Li- brary Square for said concert. It was moved by Alderman Gruenhagen, seconded by Alderman Peterson and car- ried unanimously, to grant the request for use of Library Square on August 14, 1980 for a band concert. (c) COMMUNICATIONS FROM CITY ATTORNEY SCHANTZEN The legal opinion of the City Attorney was sought regarding whether the City -7- Y COUNCIL MINUTES JULY 22, 1980 could hold a referendum on a Fire Station only in the amount of $900,000 be- fore waiting a period of one year. City Attorney Schantzen stated a referendum for a Fire Station only could be held prior to a one year waiting period. (d) COMMUNICATIONS FROM THE MAYOR Mayor Westlund reported Paul Berg had resigned from the Library Board, and he asked for Council ratification to appoint Paul Barcenas to complete the unex- pired term. It was moved by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried, to ratify the appointment of Paul Barcenas to the Library Board. (e) COMMUNICATIONS FROM MARK JOHNSON Mark Johnson appeared before the Council to complain about noise in Library Square that continues until early hours in the morning. He stated he lived across the street from the Library Square and wondered if something could be done about it. Mayor Westlund concurred with Mr. Johnson that the noise needed to be con- trolled, and the Police Department would be notified of the problem. 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. A statement from Korngiebel Architects in the amount of $3,622 was submitted for payment to cover architectural fees for the design of the Police/Fire Sta- tion. Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Beatty and carried unanimously, to approve payment to Korngiebel Archi- tects. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:23 P.M. upon motion by Alderman Peterson, seconded by Alderman Beatty and unanimously carried. M-22