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04-22-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 22, 1980 1. CALL TO ORDER The meeting was called to order at 7:30 P.M. by Mayor Westlund, with the following members present: Aldermen Peterson, Lueneburg and Beatty, in addition to Mayor West- lund. Absent: Alderman Gruenhagen. Also present were: Administrative Assistant Plotz and City Engineer/Public Works Director Priebe. 2. INVOCATION The invocation was given by the Reverend John H. Longley of the First Congregational United Church of Christ. 3. MINUTES The minutes of the Regular Meeting of April 8, 1980 and Special Meetings of April 14, 1980 and April 16, 1980 were approved as presented and the Special Meeting of April 8, 1980 was- approved as amended, upon motion by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR HAZEL SITZ TO ATTEND MINNESOTA TRANSIT MEETING ON MAY 7-8, 1980 Following discussion, it was moved by Alderman Peterson, seconded by Alderman Beatty and carried unanimously, to approve the request for Hazel Sitz to attend the Minnesota Transit Meeting. (b) CONSIDERATION OF REQUEST FOR HANDICAPPED PARKING SPACES FOR GRACE EVANGELICAL LUTHERAN CHURCH The Grace Evangelical Lutheran Church requested handicapped parking spaces and signs to be installed in front of the church along Fifth Avenue Southwest. Following discussion, Alderman Beatty moved to refer the request to the Police Department for a recommendation to the next Council meeting. Seconded by Ald- erman Peterson, the motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR RAYMOND L. VLCEK TO MOVE STRUCTURE INTO CITY Building Official Willard reported on the structure to be moved by Raymond COUNCIL MINUTES APRIL 22, 1980 Vlcek from outside the City to Country Club Terrace, to be used as an entrance enclosure on his mobile home. He recommended approval, with the stipulations that application for moving and installation permits be made, the structure be placed on adequate foundation and anchored, and the required inspections be made prior to occupancy. It was moved by Alderman Beatty to approve moving the structure into the City, with the above stated stipulations. The motion was seconded by Alderman Luene- burg and carried unanimously. (d) CONSIDERATION OF PETITION FOR STREET LIGHTING IN ALLEY City Engineer/Public Works Director Priebe stated a petition had been received for the installation of a street light in the alley in the area of 511 Monroe Street. As in the past, the property owners benefiting from the light would be billed for the installation. If this would be acceptable to them, the Util- ities would install the said street light. After discussion, the motion was made by Alderman Peterson to refer the re- quest to the Utilities for a cost breakdown. Seconded by Alderman Lueneburg, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR HOMER PITTMAN AND ELDEN WILLARD TO ATTEND MINNESOTA BUILDING OFFICIALS ASSOCIATION SOUTHWEST REGION MEETING ON APRIL 23, 1980 Following discussion, Alderman Peterson moved to approve the request for Homer Pittman and Elden Willard to attend said Building Officials Meeting. The motion was seconded by Alderman Beatty and unanimously carried. (f) CONSIDERATION OF REQUEST FOR JAYCEES TO SPONSOR FIRE WORKS DISPLAY FOR ANNUAL WATER CARNIVAL ON JUNE 2210 1980 After discussion, the motion was made by Alderman Peterson, seconded by Ald- erman Lueneburg and carried unanimously, to approve the fire works display in conjunction with the Annual Water Carnival. 6. RESOLUTIONS AND ORDINANCES None 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - MARCH 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. -2- COUNCIL MINUTES APRIL 22, 1980 (b) MINUTES OF PLANNING COMMISSION DATED MARCH 18, 1980; APRIL 1, 1980 AND APRIL 7, 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 MARCH 20, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF CIVIC ARENA BOARD DATED MARCH 19, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF TRANSPORTATION BOARD DATED APRIL 9, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HUTCHINSON CABLE TELEVISION FRANCHISE BY ARLEN MUENZHUBER (DEFERRED APRIL 8, 1980) Mr. Arlen Muenzhuber of North American Communications Corp. made reference to the Council meeting of April 8, 1980 and discussion thereof. It had been the recommendation of the City Attorney to set a public hearing date of May 27, 1980, with two notices published in the newspaper, following his review of the franchise,agreeinent with the City. Following discussion, the motion was made by Alderman Beatty to approve and set a public hearing date of May 27, 1980, 8:00 P.M. Seconded by Alderman Peterson, the motion carried unanimously. (b) CONSIDERATION OF INTOXICATING LIQUOR LICENSE FOR T. L. SCALAWAGS Mayor Westlund commented that the T. L. Scalawags had been issued an intoxi- cating liquor license for a period of 30 days, with review by the end of the month. The City Attorney had reviewed the license and met with the parties involved to work out a satisfactory agreement. The following stipulations apply to the intoxicating liquor license for T. L. Scalawags: 1) License shall cover the Hutch Bowl, except the game room; 2) Hutch Bowl shall terminate its 3.2 beer license; and 3) Whenever drinks are consumed in the bowling alley -3- COUNCIL MINUTES APRIL 22, 1980 proper, licensee shall employ someone to monitor the activity in the bowling alley to insure that no minors are consuming liquor therein. After discussion, it was moved by Alderman Beatty to approve and issue an intoxicating liquor license to T. L. Scalawags to cover an eleven month period. Seconded by Alderman Lueneburg, the motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ON -SALE MALT LIQUOR LICENSES: 1. LEONARD ODEGAARD - CHRISTY'S 2. JOHN BUYTARET - J'S PIZZA GARTEN 3. CROW RIVER COUNTRY CLUB 4. LARRY KREIGH/DON WURZBERGER - PIZZA HUT 5. BRAD LARSON/LARRY STENMARK - HUTCH BOWL, INC. 6. WM. CLARK, MANAGER - GODFATHER'S PIZZA 7. LUZ CAMPA, JR. - LA CASA DE CAMPA 8. JEROME EISCHENS - THE FRONTIER HOUSE 9. RICK WAGENER & JON DRESSEN - TIN PAN DELI It was reported that the Godfather's Pizza and La Casa de Campa would not be renewing their malt liquor license at this time, and The Frontier House would be submitting their application and payment within the next few days. Following discussion, the motion was made by Alderman Beatty to approve the above stated applications and issue licenses for On -Sale Malt Liquor, with the exception of Godfather's Pizza and La Casa de Campa, and The Frontier House license being contingent upon receipt of payment. The motion was sec- onded by Alderman Peterson and unanimously carried. (b) CONSIDERATION OF OFF -SALE MALT LIQUOR LICENSES: 1. JAHNKE'S RED OWL 2. ERICKSON'S OIL PRODUCTS 3. NATIONAL FOOD STORE 4. JOHNSON'S SUPER VALU 5. HUTCH. WAREHOUSE GROCERY 6. GAS HUTCH & DISCOUNT DAIRY 7. TOM THUMB FOOD MARKET It was reported that Erickson's Oil Products will not be renewing its license at this time. After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg and carried unanimously, to approve the applications and issue Off -Sale Malt Liquor Licenses to the above named businesses, with the excep- tion of Erickson's Oil Products. -4- COUNCIL MINUTES APRIL 22, 1980 (c) CONSIDERATION OF POLICE BICYCLE SAFETY OFFICER A grant in the amount of $5,000.00 was received from the State to fund this program. Since it was very successful last year, the Police Department would like to continue the program again this year. Following discussion, Alderman Lueneburg made the motion to approve a Police Bicycle Safety Officer. Seconded by Alderman Beatty, the motion carried unanimously. (d) CONSIDERATION OF FRANCHISE FOR GOLDEN GLOVES BOXING (e) (f) (g) The Park and Recreation Board received a recommendation that Earl Whitthus of the Golden Gloves Boxing program be allowed to have a Golden Gloves fran- chise in Hutchinson. The Golden Gloves boxers have been working out at the Old Armory Building in Hutchinson, but in order to hold matches in the City there must be a franchise approved by the Golden Gloves Boxing Association and AAU Boxing. Prior to application for a franchise, it must have approval from the City Council. There would be no costs or liabilities connected with the approval of the franchise by the City. After discussion, Alderman Peterson moved to approve the franchise for Golden Gloves Boxing. The motion was seconded by Alderman Lueneburg and carried unanimously. CONSIDERATION OF VARIANCE FOR SHOOTING RANGE FOR POLICE DEPARTMENT The above item was tabled at this time. CONSIDERATION OF HIRING TEMPORARY SUNNIER EMPLOYEES It was recommended that the following three individuals be employed for the summer season: Martin Dreyer, Norman Wright and Roger Jensen. Following discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Peterson and unanimously carried, to approve the above said summer em- ployees. CONSIDERATION OF RENEWAL OF CONTRACT WITH ELECTRO WATCHMAN Administrative Assistant Plotz reported on the contract with Electro Watch- man for alarm protection at the liquor store. The cost for the two-year con- tract is $84.00 a quarter. It was recommended the contract be renewed. After discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to approve renewal of the two-year contract with Electro Watchman. -5- COUNCIL MINUTES APRIL 22, 1980 (h) CONSIDERATION OF AMENDING AFFIDAVIT FOR REDUCED TRASH AND REFUSE CHARGE Mayor Westlund commented the Affidavit for reduced trash and refuse charge was out of date and needed to be increased to an income of less than $5,000 per year, with a reduction charge of $1.50. This rate would be effective July 1, 1980. Following discussion, Alderman Beatty moved to approve the amendments to the Affidavit and set the effective date as July 1, 1980. Seconded by Ald- erman Lueneburg, the motion unanimously carried. (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY RALPH CLASEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Lueneburg and carried unanimously, to waive reading and adopt Resolution No. 6522 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Service Garage In IC -1 Zone, contingent upon the building being built no closer than three feet from the alley and three feet from all property lines. (j) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MIDCONTINENT THEATRE OF MINNESOTA WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Peterson, seconded by Alder- man Lueneburg and unanimously carried, to waive reading and adopt Resolution No. 6523 entitled Resolution Granting Variance from Section 6.05, B.2 of the Zoning Ordinance No. 464 to Add Lighted Sign Above Existing Marque, contin- gent upon the present sign being updated by repair and repainting by August 1, 1980. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MIKE'S MOBIL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Lueneburg moved to waive reading and adopt Resolu- tion No. 6524 entitled Resolution Granting Conditional Use Permit under Sec- tion 6.07, C.5 of Zoning Ordinance No. 464 to Allow Non -Conforming Building to Present Zoning Ordinance and Expansion of Pump Island. The motion was seconded by Alderman Peterson and carried unanimously. (1) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY MIKE'S MOBIL WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried, to waive reading and adopt Reso- lution No. 6525 entitled Resolution Granting Variance from Section 10.03 A. a, b, c, AND f OF ZONING ORDINANCE NO. 464, with the stipulation that the south end of the pump island not be closer than ten (10) feet to the north edge of the sidewalk. Me* COUNCIL MINUTES APRIL 22, 1980 (m) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MIKE'S MOBIL (SOUTHSIDE TERRACE) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Beatty, seconded by Alderman Luene- burg and carried unanimously, to waive reading and adopt Resolution No. 6526 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction of Self -Service Gas Station In C-4 Zone. (n) CONSIDERATION OF PRELIMINARY PLAT AND FINAL PLAT FOR OAKS ONE, TOWNHOUSE SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Peterson made the motion to waive reading and adopt Resolution No. 6527 entitled Resolution Giving Approval of Preliminary and Final Plat for Oaks One, Townhouse, Rolling Oaks Third Addition. The mo- tion was seconded by Alderman Lueneburg and unanimously carried. (o) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY FIRST STATE FEDERAL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Lueneburg, seconded by Ald- erman Peterson and carried unanimously, to waive reading and adopt Resolution No. 6528 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 for Side Setback. (p) CONSIDERATION OF REQUEST FOR REZONING PROPERTY KNOWN AS "FREDRICKSON'S" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried, to waive the first reading of Ordinance No. 9/80 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regu- lations In the City of Hutchinson and the Official Zoning Map, and set the second reading for May 13, 1980. (q) CONSIDERATION OF ADOPTION OF REVISED COMPREHENSIVE PLAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Peterson, seconded by Ald- erman Lueneburg and unanimously carried, to adopt the revisions to the Com- prehensive Plan as recommended by the Planning Commission. (r) CONSIDERATION OF REQUEST FOR ANNEXATION BY RICHARD SCHMIDTBAUER WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Beatty to waive read- ing and adopt Resolution No. 6529 entitled Request for Annexation. The mo- tion was seconded by Alderman Lueneburg and carried unanimously. -7- COUNCIL MINUTES APRIL 22, 1980 (s) CONSIDERATION OF APPLICATIONS BY HUTCHINSON ELKS, INC., POST 42427 FOR THREE SHORT-TERM RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSES After discussion, Alderman Peterson moved to approve the applications by Hutchinson Elks, Inc. and issue "On -Sale" Non -Intoxicating Malt Liquor Li- censes. Seconded by Alderman Lueneburg, the motion unanimously carried. (t) CONSIDERATION OF BURLINGTON NORTHERN AGREEMENT FOR 21" STORM SEWER UNDER - CROSSING AND OCCUPANCY City Engineer/Public Works Director Priebe explained the purpose of the agree- ment with Burlington Northern. Following discussion, it was moved by Alderman Lueneburg to authorize the Mayor and City Clerk to sign said agreement with Burlington Northern. The motion was seconded by Alderman Beatty and carried unanimously. (u) CONSIDERATION OF RECOMMENDATION FROM DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD TO AUTHORIZE ADMINISTRATIVE ASSISTANT AND CONSULTANT CLARENCE SIMONOWICZ TO PREPARE A TAX INCREMENT DISTRICT WHICH WOULD INCLUDE SHOPPING CENTER SOUTH OF TOWN Administrative Assistant Plotz reported on the noon meeting of the Downtown Development District Advisory Board and stated three major recommendations resulted from it. The first recommendation was to authorize a Tax Increment District which would merge and consolidate the three existing districts 1, 2 and 3 and include the area of the proposed shopping center south of town. The second recommendation was to approve a joint planning agreement between the City and J. E. Parranto, Inc. The third item regarded downtown parking, which is not on the present agenda. Consultant Clarence Sitmnowicz presented details on the Tax Increment Plan. He also showed a map of the proposed parking lots in the downtown area. He stated it was the intent to capture taxes from the new shopping center to help offset some of the costs for the downtown project. Mayor Westlund commented that about 10 years ago the City realized the need for additional off-street parking. A committee was therefore established and met for a number of years to deal with the problem. As a result, various ideas and formulas were established, but the formula was never put into use. No decision has been made at the present time as to how much of the tax fi- nancing will be used for the proposed program. After discussion, it was moved by Alderman Beatty to approve and authorize the preparation of the Tax Increment District Number 4. Seconded by Alder- man Lueneburg, the motion carried unanimously. COUNCIL MINUTES APRIL 22, 1980 (v) CONSIDERATION OF RECOMMENDATION FROM DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD TO APPROVE JOINT PLANNING AND DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON AND J. E. PARRANTO, INC. Mr. Mark Parranto appeared before the Council and presented a proposal for a downtown project. The 40,000 square feet of retail area would have the same style of building as previously presented, with an enclosed, climate controlled mall. He stated the developer would have 60 days in which to pre- pare a detailed design proposal and 90 days in which to prepare a financing plan. The joint agreement would not obligate the City to spend any money at this time, but it would be needed for the developer to contact clients for occupancy in the mall. Realtor Jim DeMeyer inquired if the project was based on tax increment fi- nancing. Also, would there be costs to the City after a certain point. Mr. Parranto responded that no financing base had been determined for the project. The City would be required to accumulate the parcels of property, and then the developer would purchase the land from the City for development. Costs would be repaid to the City by the owner of the project. Mr. DeMeyer commented that if no competitive bidding was taken on the project, the tax payer could be taking on an additional burden. He suggested placing funds in escrow for the project. Consultant Simonowicz stated the contract pointed out the entire cost of the project was on the developer. The developer would be obligated to repay the City in the event the project did not proceed. Following discussion, Alderman Beatty moved to authorize the Mayor and City Clerk to sign the Joint Planning and Development Agreement between the City and J. E. Parranto, Inc. Seconded by Alderman Lueneburg, the motion unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported flowers had been ordered for the girls in the office for National Secretary's Week. A phone call was received from the County Assessor informing Mr. Plotz the date for the Board of Review on May 2, 1980 had been canceled. A new date had not yet been established. (b) COMMUNICATIONS FROM THE MAYOR IRM COUNCIL MINUTES APRIL 22, 1980 Mayor Westlund commented on a letter received from Dennis Hukriede, on be- half of the Oakwood Lane Association, which thanked the Council for the re- cently installed street lighting on Oakwood Lane. A letter from George Field requested a change in meeting time with the Coun- cil for merit review. It was suggested his scheduled time be changed to 9:00 A.M. Thursday or, if necessary, re -scheduled for the following Monday. The Council was reminded of a meeting Thursday morning, April 24, 1980, at 7:00 A.M. prior to the Department Head meeting at 7:30 A.M. Then the merit reviews would begin at 7:50 A.M. (c) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported the 1980 improvement projects are ready to be let for bids. It was his recommendation to receive bids on May 28, 1980 at 2:00 P.M. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and unani- mously carried, to waive reading and adopt Resolution Approving Plans and Specifications and Ordering Advertising for Bids (Projects 80-01, 80-02, 80-03, 80-04, 80-05, 80-06, 80-07, and 80-08), Resolution No. 6537. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to approve the verified claims, including the $10.00 dues for 1980 membership to the Minnesota Building Officials Association Southwest Re- gion, and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:55 P.M. upon motion by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried. -10-