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05-27-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 1980 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 7:30 P.M., with the follow- ing members present: Aldermen Peterson, Lueneburg, and Gruenhagen, in addition to Mayor Westlund. Absent: Alderman Beatty. Also present were: City Administrator Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting of May 13, 1980 and Special Meeting of May 15, 1980 were approved as presented upon motion by Alderman Peterson, seconded by Ald- erman Gruenhagen and carried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) TRANSFER OF CABLE TELEVISION FRANCHISE FROM NORTH AMERICAN COMMUNICATIONS CORPORATION TO MICKELSON MEDIA, INC. OF NEW ULM Mayor Westlund opened the hearing at 8:02 P.M. and read Publication No. 2282, Notice of Hearing, Transfer of Cable Television Franchise. He commented that representatives were present from North American Communications Corp. and Mickelson Media, Inc. He further mentioned a letter had been received from "Tip" Mills of The Hutchinson Leader regarding the use of two channels of cable television be reserved for the news media. Mr. Arlen Muenzhuber, North American Communications Corp., explained the pur- pose of the hearing was to amend Ordinance No. 576, Section 22, Transfer of Franchise from North American Communications Corp. to Mickelson Media, Inc. of New Ulm. The present franchise is under three companies; however, Hutch- inson is the only one being sold. Mr. Hubertus Sarrazin of Mickelson Media, Inc. reported he had been with the company for six months. Prior to that he worked for North American Communi- cations Corp. and, therefore, was very familiar with the Hutchinson operation. He felt the company would be able to offer the community an attractive pack- age of cable television. It is their intent to run a full-fledged, model cable television system in Hutchinson, and Mr. Greg Curry has been hired as Manager in Hutchinson. The uncompleted work will be completed, and he will attend a future Council meeting to present further details. It is the com- pany's goal to have 60% of the residents on cable within three years. N... COUNCIL MINUTES MAY 27, 1980 Mr. Richard Schmidtbauer questioned why the cost had gone up. Mr. Sarrazin explained the present movie package will be dropped and other channels will be added, including children's programs. They hope to have the programs worked out in June. Mr. "Tip" Mills requested the City to take what action may be necessary to guarantee exclusive access at no cost to at least two cable channels with two-way capability by The Hutchinson Leader for future newspaper services. It was his belief such action would help insure wide and uninterrupted pub- lic communication service and would thus be in the public interest. He made reference to Public Access Section 17(b). Mayor Westlund asked if this was normal procedure. To this, Mr. Sarrazin responded they had no objection to the two channels, but their objection was to the free channels. They did not feel their company could give away trans- mission media. Mickelson Media was willing to work with the media, but the cost would have to be discussed at a later date. It was recommended by Mayor Westlund to amend the Ordinance during the next month, and he instructed the City Administrator to work on this matter. The motion was made by Alderman Gruenhagen to close the hearing. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Lueneburg to approve the transfer of the Hutchinson cable television franchise and waive reading and adopt Resolution No. 6545. The motion was seconded by Alderman Peterson and unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATES: 1. CLARENCE FALLING 6. HELEN DE WITT 2. ELENORA SLYTER 7. LULU HAGEN 3. MRS. LENA PLESS 8. MARTHA D. MCGILTON 4. STANLEY LORENCE 9. LUELLA BOTTOMLEY 5. JOE PESSEK 10. MRS. HELEN VLCEK After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Peterson and carried unanimously, to approve reduced trash and refuse rates for the above-named individuals. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 10/80 - SECTION 200 - CITY ADMINISTRATOR -2- COUNCIL MINUTES MAY 27, 1980 Following discussion, Alderman Lueneburg moved to waive the second reading and adopt Ordinance No. 599 entitled An Ordinance Amending Section 200 - City Administrator. Seconded by Alderman Peterson, the motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - APRIL 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED APRIL 17, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF CITY TREE BOARD DATED APRIL 9, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. OLD BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF HIRING SEASONAL TREE INSPECTORS After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to approve the employment of Mary Schantzen and David Flink as seasonal tree inspectors. (b) CONSIDERATION OF PURCHASE OF DICTAPHONE MACHINE FOR POLICE DEPARTMENT The Police Department requested permission to purchase a Dictamaster dicta - phone, Model 1550, from Marco Business Products, Inc. for $375.00. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Peterson and carried unanimously, to approve the purchase of dic- taphone machine for the Police Department. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Westlund read a copy of the letter sent to all delinquent account holders. He then inquired if there was anyone present wishing to be heard regarding his/her account. -3- COUNCIL MINUTES MAY 27, 1980 Mr. Richard Schmidtbauer, owner of rental property at 619 Lynn Road, re- sponded to Account No. 10-1110-2-00. He stated he intends to contact the former renter to collect payment, but this party is out of state. There- fore, Mr. Schmidtbauer asked for a month's extension on the account. After discussion, Alderman Lueneburg moved to discontinue service on June 2, 1980 at 1:00 P.M. for the following accounts, with the exception of 10-1110- 2-00 and 10-0265-0-00: 05-0765-2-00, 08-0370-1-00, 10-0295-2-00, and 20- 0065-0-00. Seconded by Alderman Gruenhagen, the motion carried unanimously. (d) CONSIDERATION OF APPLYING FOR SECTION 18 TRANSIT GRANT MONIES Administrative Assistant Plotz reported there are additional transit monies available under a new transit grant known as "Section 18." He then explained the two proposals. The one new program would reduce the City's soft -match requirement to 1/6 of the entire cost and utilize less budget dollars. It is recommended by staff to apply for these monies that would result in a retro- active funding from January 1, 1980 through December 31, 1980, for a savings of approximately $5,672 in 1980. Mr. Ray Olson, state transit representative, suggested the City apply for 80% federal monies for the purchase of two bus replacements. He further recom- mended the City keep one bus for back-up purposes and trade in the second bus. Mayor Westlund commented that in 1976 when the bus service started, the recom- mendation was for three buses, two for in -use and one for back-up. He had been opposed to a three bus system because of the cost involved and not being sure of the income from the buses or the use of them. Therefore, two buses were purchased at that time. The operation expense had not been as great as anticipated, and it has been a great service for the community. Mayor West- lund recommended keeping one bus for back-up and purchasing two new buses, assuming the City is the recipient of the grant. The motion was made by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried, to approve the grant application. (e) CONSIDERATION OF RESIGNATION OF STEVE JENSEN Following discussion, Alderman Peterson moved to accept the resignation of Steve Jensen, effective July 25, 1980. Seconded by Alderman Gruenhagen, the motion carried unanimously. It was moved by Alderman Peterson, seconded by Alderman Lueneburg and unani- mously carried, to waive reading and adopt Resolution No. 6540 entitled Reso- lution of Appreciation. N -A! COUNCIL MINUTES MAY 27, 1980 (f) CONSIDERATION OF ANNEXATIONS RECOMMENDED BY CITY STAFF: 1. CLIFTON HEIGHTS ) WITH FAVORABLE RECOMMENDATION 2. JEFFERSON STREET) OF PLANNING COMMISSION 3. GOLF COURSE ROAD) WITH UNFAVORABLE RECOMMENDATION (RON HORSWELL) ) OF PLANNING COMMISSION Alderman Lueneburg commented the issue of annexing Clifton Heights has been going on for a number of years, and there is a lot of interest in it. He then stated he didn't have time to read the Planning Commission minutes since they just came in the packet addition tonight. It was moved by Alderman Lueneburg to table the consideration of annexations until the July 8, 1980 Council meeting. Seconded by Alderman Gruenhagen, the motion unanimously carried. Mr. Roman Haas of Clifton Heights commented on the figures discussed at the previous Planning Commission meeting and stated he had discussed this matter with the City Engineer. He further stated that the additional expense to pay for improvements would put a burden on new families moving into the area. Mrs. Steven Iverson stated she was one of the new young families moving in to Clifton Heights. They had been told the area might be annexed into the City, and it was her thinking the cost would only rise in the future. Alderman Gruenhagen inquired about the time frame for all the improvements to be installed in Clifton Heights. City Engineer Priebe reported on the figures used to determine the cost and the schedule for improvements from 1981 through 1983. Barb (Mrs. Gene) Betker of Clifton Heights stated most people have been told the area would be annexed into the City. The costs won't get any cheaper. She wondered how long they would have to wait for decent streets and services. She commented there will always be a turn -over of owners in the area. Mr. Gene Betker stated 12 new families had moved in to Clifton Heights since the last consideration of annexation. His property has already been annexed into the City, and they would like to have the streets put in. Mr. Lee Stritesky, resident of Clifton Heights, stated he could not see any requirements for Clifton Heights to be in the City within the next three years. He was satisfied with what is there; the gravel roads are fine with him. The major complaint is the drainage in Clifton Heights, but the City also has problems with its storm sewer system. -5- COUNCIL MINUTES MAY 27, 1980 Mayor Westlund reminded the audience this was not a public hearing, and he was sure the Council would make a wise decision at their meeting in July. (g) CONSIDERATION OF REZONING AREA BETWEEN THIRD AVENUE N.W. AND FOURTH AVENUE N.W. FROM C-4 TO IC -1 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Lueneburg and carried unanimously, to waive the first reading of Ordi- nance No. 11/80 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map. and set the second reading for June 10, 1980. (h) CONSIDERATION OF REQUEST FOR (PUD) CONDITIONAL USE PERMIT SUBMITTED BY MARLOW PRIEBE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES City Engineer Priebe presented a drawing of the proposed area for a Planned Unit Development. It was his plan to construct 32-34 condominiums over a 10 -year period. He further commented he had discussed the fire protection with the Fire Department, and they will be discussing it further. After discussion, Alderman Lueneburg moved to waive reading and adopt Reso- lution No. 6541 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow A Planned Unit Devel- opment, with the contingency of two hydrants, each with 4" water service, and a possible loop street. The motion was seconded by Alderman Peterson and carried unanimously. (i) CONSIDERATION OF AMENDING ZONING ORDINANCE NO. 464 CONCERNING PARKING REGULATIONS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Planning Commission reviewed the parking regulations and made their recom- mendation based on the national average. Following discussion, it was moved by Alderman Peterson to table this matter until the next Council meeting. Seconded by Alderman Gruenhagen, the motion unanimously carried. (j) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY RICHARD SCHMIDTBAUER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg and carried unanimously, to waive reading and adopt Reso- lution No. 6542 entitled Resolution Giving Approval of Preliminary Plat for Schmidtbauer's First Addition. COUNCIL MINUTES MAY 27, 1980 (k) CONSIDERATION OF VARIANCE SUBMITTED BY MCLEOD COUNTY FAIR BOARD WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Following discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Gruenhagen and unanimously carried, to waive reading and adopt Resolution No. 6543 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 for Zero Setback On North Side of Proposed Structure Located at McLeod County Fairgrounds, contingent upon the proposed structure meeting the building code requirements, specifically: a) Sprinkler system in- stallation, b) North wall, with minimum setback, shall be concrete block con- struction, and c) North wall, with minimum setback, shall have no openings. (1) CONSIDERATION OF SETBACK REQUIREMENTS REFERRED BACK TO PLANNING COMMISSION, WITH FAVORABLE RECOMMENDATION, CONTINGENT ON EXCEPTIONS City Engineer/Public Works Director Priebe reported the setback requirements were again reviewed by the Planning Commission. It was their recommendation that the two areas already platted, namely McDonald's Sixth Addition and Town & Country Estates, should be exempt from the proposed 8' side setback build- ing to lot line for a period of 18 months. These two plats would then have two years in which to build. Also, it was the Planning Commission's recommendation that Lots 1, 3, 4, 7", and 8 of Block 2, Cedar Acres and Lots 2, 3, 4, 5 and 6 of Block 1, Boyle's Addition should be exempt from the minimum lot area per dwelling for a period of 18 months inasmuch as plans for these particular lots have already been made and money invested in the development. Alderman Gruenhagen stated he saw no reason for this action on setbacks and couldn't follow the reasoning of the Planning Commission. Following discussion, Alderman Peterson made the motion to table the matter until the June 24, 1980 Council meeting. The motion died for lack of a second. Alderman Gruenhagen requested that with the present reasoning given by the Planning Commission, the City Council look for more valid reasons than those given. The staff was instructed to provide additional information on lot size requirements,and the Planning Commission minutes from the May 20, 1980 meeting be made available for review by the Council. The motion was made by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried, to defer action until June 24, 1980. -7- COUNCIL MINUTES MAY 27, 1980 (m) CONSIDERATION OF A SPECIAL PURPOSE SHADE TREE GRANT Administrative Assistant Plotz reported the State Department of Agriculture has funding available through shade tree grants. Since the City has funds available from DNR for a wood utilization program (debarking and log split- ting), the staff felt the program could be complemented by applying for two projects: 1) Fencing around the perimeter of two separate areas for the wood utilization program, and 2) Loading deck to assist in the debarking activity. Both of these items would be 50% funded, and the applications are due by June 1, 1980. After discussion, it was moved by Alderman Lueneburg to approve the grant application, contingent upon approval by the City Council before it is sub- mitted to the State Department of Agriculture. The motion was seconded by Alderman Peterson and unanimously carried. (n) CONSIDERATION OF SHADE TREE POLICY: 1) APPROVE THREE-YEAR PLANNING CONCEPT 100% SUBSIDY FOR REMOVAL OF DISEASED ELMS 2) APPROVE POLICY OF 100% SUBSIDY FOR SANITATION OF ELM TREES FOR 1980 3) POLICY TO USE CITY CONTRACTOR TO BE ELIGIBLE FOR DUTCH ELM SUBSIDY Administrative Assistant Plotz reported on the proposed City Tree Policy and explained each of the three areas. He pointed out that Steve Cook, the fed- eral shade tree representative had requested the City to approve the concept of a 100% subsidy for removal of diseased elms through the calendar year 1982 and beyond. The 100% subsidy, however, would be contingent upon changes in the number of tree losses or year-to-year examination of appropriation from the City budget. In 1979 the City Shade Tree Policy was based on 100% subsidy for the removal of diseased elm trees. The 1980 budget provides monies ($50,000) to continue this policy. Based on an estimated loss of 400 trees on private property, the established bid price for removal in 1980, and continuation of a 100% subsidy policy, the City share of the total expense in 1980 is projected at $19,908 for trees on private property. The staff recommends favorable ap- proval of 100% subsidy for 1980. In the past there have been problems with allowing the resident to select one of several contractors to remove diseased Dutch elm trees. Therefore, the staff recommends the utilization of only the City bid contractor for a resident to be eligible for the 100% subsidy program. Following extensive discussion, the motion was made by Alderman Gruenhagen to approve the Shade Tree Policy. Seconded by Alderman Lueneburg, the mo- tion carried unanimously. COUNCIL MINUTES MAY 27, 1980 (o) CONSIDERATION OF SPECIAL PERMIT FOR USE OF BOULEVARD BY SWANKE MOTORS, INC. FOR DISPLAY OF VEHICLES Administrative Assistant Plotz reported that Swanke Motors, Inc. presently has a Special Permit to display cars on City right-of-way, but it is a dif- ferent location. They are requesting permission to extend the display of new vehicles on Jefferson Street directly east of the Body Shop and contin- uing south to the main building. After discussion, Alderman Gruenhagen moved to table this item and request recommendation from the Police Department. The motion was seconded by Alder- man Peterson and carried unanimously. (p) CONSIDERATION OF ADVERTISING FOR BIDS ON PORTABLE X-RAY MACHINE FOR HUTCHINSON COMMUNITY HOSPITAL Alderman Gruenhagen reported the Hospital Board is requesting authorization to advertise for bids for a portable X-ray machine with power assist for the hospital in the amount of approximately $25,000. Following discussion, it was moved by Alderman Gruenhagen, seconded by Ald- erman Lueneburg and unanimously carried, to authorize advertising for bids on a portable X-ray machine,to be opened on June 10, 1980 at 2:00 P.M. (q) CONSIDERATION OF COMPLETION OF MINI -AUDIT REPORTS Administrative Assistant Plotz stated he was certified as a mini -auditor at the completion of a Grants and Mini -Audit Workshop he attended last November. The State Department of Energy has requested the completion of a mini -audit before June 30, 1980, and he would be agreeable to performing the audit dur- ing vacation time, if acceptable with the Council. It would take approxi- mately ten days to complete both the inspections and reports, and the build- ing audit would be funded by the State. After discussion, Alderman Gruenhagen made the motion to authorize Gary Plotz to perform the mini -audits on City buildings during vacation time. Seconded by Alderman Lueneburg, the motion carried unanimously. (r) CONSIDERATION OF HIRING SUMMER EMPLOYEE FOR PARK DEPARTMENT Following discussion, the motion was made by Alderman Peterson to approve the employment of Steve Meier as a summer employee in the Park Department. The motion was seconded by Alderman Gruenhagen and unanimously carried. (s) CONSIDERATION OF RENEWING SIX INSURANCE POLICIES OF THE CITY -9- COUNCIL MINUTES MAY 27, 1980 10. Administrative Assistant Plotz informed the Council that the City had re- quested advance notice of any changes in the insurance rates presently in effect. The City had received word there would be no increase in the rates. Also, the public liability insurance rate will remain the same inasmuch as the City is in a giant pool with other cities. The only possible change would be if the values of City buildings increase due to inflation. The policies are up for renewal July 1, 1980, and there is no obligation to re -bid the policies since there are no changes in the premiums. The policies also cover the other entities of the City. After discussion, Alderman Lueneburg moved to approve renewal of the six insurance policies of the City. The motion was seconded by Alderman Gruen- hagen and carried unanimously. (t) CONSIDERATION OF APPLICATION FOR TEMPORARY SIGN PERMIT FOR T. L. SCALAWAGS Sue Larson, Manager of T. L. Scalawags, appeared before the Council and re- ported they are in the process of getting a sign for the building. In the meantime they would like to advertise in the Tartan Park for a one month period. This temporary sign would be removed each evening after the games and parked in Scalawag's parking lot. Mayor Westlund stated the City had never given any thought to advertising in the parks or other outdoor places. It was his thinking that the temporary sign should be confined to the parking lot of T. L. Scalawags for the month of June. Following further discussion, the motion was made by Alderman Peterson to waive the fee for a Sign Permit and authorize a 30 -day temporary sign on the property of T. L. Scalawags. Seconded by Alderman Gruenhagen, the motion unanimously carried. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz commented on the ordinance pertaining to weeds and grass, with an 8 inch maximum height. An article will be published in the newspaper reminding people to keep their weeds and grass cut, and the City Engineer/Director of Public Works will do a survey and notify those not in compliance. After five days of notification, the City will cut weeds and/ or grass and charge the property owner for the work. On Monday, June 2, 1980 Mr. Tom Fellan, representative from the Minnesota League of Cities, will be in Hutchinson. The City Council members were in- vited to have lunch with him. -10- COUNCIL MINUTES MAY 27, 1980 The Council members were reminded of several up -coming meetings, including a Board of Review with Jim Junker and individual businessmen on June 24, 1980 at 10:00 A.M. Mr. Plotz informed the Council that WCCO-TV had been in Hutchinson this morning shooting portions of a program which will be aired on June 23, 1980 at 9:00 P.M. Applicants for the two open positions with the City, namely Motor Pool Super- visor and Recreation Supervisor, need to be interviewed. It was the consen- sus of the Council to set the date of May 29, 1980 from 7:00 to 8:00 A.M., followed by a Department Head meeting at 8:00 A.M. (b) COMMUNICATION FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR It was the City Engineer/Public Works Director Priebe's recommendation to advertise for bids for a used and new sludge disposal machine and open bids on June 24, 1980. At that time the final recommendation for purchase would be made. Payment for the machine would be taken from the sewer and water fund inasmuch as it was not included in the budget. Following discussion, it was moved by Alderman Lueneburg to authorize ad- vertising for bids on June 24, 1980 for a used and a new machine. Seconded by Alderman Gruenhagen, the motion carried unanimously. Mr. Priebe requested an amendment to Resolution No. 6529, Request for Annex- ation by Richard Schmidtbauer, inasmuch as three tracts (I, J and K) had in- advertently been omitted from the legal description. Alderman Gruenhagen moved to waive reading and adopt Resolution No. 6544 entitled Resolution Amending Resolution No. 6529, Request for Annexation. Seconded by Alderman Lueneburg, the motion carried unanimously. (c) COMMUNICATION FROM JAKE LAMP Mr. Jake Lamp appeared before the Council and requested permission to sell stationery for Camp Courage in Hutchinson. He stated he would sell at sev- eral of the stores which gave him space for this purpose. Mr. Lamp also in- vited the Mayor to participate in a Ride -In scheduled for September. It was the consensus of the Council that Mr. Lamp would not need permission or a permit to sell in Hutchinson since he would be selling in space pro- vided by the various stores. (d) COMMUNICATION FROM MARGARET KNUTSON Mrs. Margaret Knutson commended Fred Roberts and his crew for the outstand- ing work they had done in preparing the cemetery and park for the Memorial Day Service. -11- COUNCIL MINUTES MAY 27, 1980 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneburg, seconded by Alderman Peterson and unani- mously carried, 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 10:05 P.M. upon motion by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried. -12-