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03-25-1980 CCMI MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 25, 1980 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 8:10 P.M., with the follow- ing members present: Aldermen Peterson, Lueneburg and Gruenhagen, in addition to Mayor Westlund. Absent: Alderman Beatty. Also present were: Administrative Assis- tant Plotz, City Engineer/Public Works Director Priebe, and Acting City Attorney Jim Schaefer. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting of March 11, 1980 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Lueneburg and carried unani- mously. 4. PUBLIC HEARING - 8:00 P.M. (a) 80-03 - CURB, GUTTER, GRAVEL BASE, BITUMINOUS SURFACING, APPURTENANCES (b) 80-04 - STORM SEWER AND APPURTENANCES City Engineer/Public Works Director Priebe explained the two projects. A request was made by Realtor Jim DeMeyer,on behalf of John McGill of Developers Diversified, to continue the hearing to the next meeting. After discussion, the motion was made by Alderman Gruenhagen to continue the public hearing for 80-03 and 80-04 to the Council meeting on April 8, 1980. The motion was seconded by Alderman Peterson and unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR ELDEN WILLARD TO ATTEND MOBILE HOME SEMINAR ON APRIL 9, 1980 Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Peterson and carried unanimously, to approve Elden Willard attend- ing the PZobile Home Seminar. (b) CONSIDERATION OF ELDEN WILLARD ATTENDING EARTH SHELTER HOUSING CONFERENCE AND EXHIBITION ON APRIL 10, 1980 COUNCIL MINUTES MARCH 25, 1980 After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to approve attendance by Elden Willard at the Earth Shelter Housing Conference. (c) CONSIDERATION OF REQUEST FOR DICK NAGY AND RANDY DEVRIES TO ATTEND WASTEWATER OPERATORS SCHOOL ON APRIL 22-24, 1980 Following discussion, the motion was made by Alderman Peterson to give ap- proval to Dick Nagy and Randy DeVries attending the Wastewater Operators School. The motion was seconded by Alderman Lueneburg and carried unani- mously. (d) CONSIDERATION OF PETITION FOR CURB AND GUTTER IMPROVEMENT City Engineer/Public Works Director Priebe reported a petition had been re- ceived from all of the property owners for'curb and gutter improvement on the East side of Shady Ridge Road in Hel,'and's Subdivision. Since some of the construction would involve the same/property as Project 80-01, a public hearing would not be required. It was'Mr. Priebe's recommendation to approve the project as 80-07. After discussion, Alderman Lueneburg moved to waive reading and adopt Reso- lution No. 6503 entitled Resolution Declaring Adequacy of Petition and Order- ing Preparation of Report. Secondad by Alderman Gruenhagen, the motion unani- mously carried. Alderman Lueneburg moved to waive reading and adopt Resolution No. 6504 en- titled Resolution Ordering Improvement and Preparation of Plans. Seconded by Alderman Gruenhagen, the motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6500 - RESOLUTION APPOINTING ADMINISTRATIVE ASSISTANT AS RESPONSIBLE AUTHORITY UNDER THE MINNESOTA GOVERNMENT DATA PRACTICES ACT Following discussion, the motion was made by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to waive reading and adopt Reso- lution No. 6500 entitled Resolution Appointing Administrative Assistant As Responsible Authority Under the Minnesota Government Data Practices Act. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - FEBRUARY 1980 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. IWAI COUNCIL MINUTES MARCH 25, 1980 (b) MINUTES OF NURSING HOME BOARD DATED FEBRUARY 21, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED MARCH 4, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF REFUSE BILLING PQLICY It was requested that this matter dropped ,'from the agenda at this time. (b) CONSIDERATION OF CONTRACT AGREEMENT IRITH C,.'R.S. & ASSOCIATES Administrative Assistant Plotz explain4'4"the purpose of the contract agree- ment with C.R.S. & Associates and spelj, d out the changes. Several questions were raised on the,`agre�ment during discussion so Mayor Westlund instructed the AdministratXve Ass*stant to arrange a meeting with Clarence Simonowicz and the Council to discVss the contract. It was moved by Alderman Lueneburg to table the item. Seconded by Alderman Gruenhagen, the motion unanimously carried. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACc6VNTS A copy of the letter sent to all delinquent accoun� holders was read by Mayor Westlund. He then inquired if there was anyone present wishing to be heard regarding his/her account. There was no response. After discussion, Alderman Gruenhagen moved to discontinue service on April 4, 1980 by 5:00 P.M. for any unpaid accounts as follow: 04-0095-0-00, 04-0370-1- 00, 04-0810-8-00, 04-1105-7-00, 16-0352-1-00, and 16-0560-1-00. Seconded by Alderman Peterson, the motion carried unanimously. (d) CONSIDERATION OF HIRING POLICE OFFICER It was the recommendation of the Police Civil Service Commission and Chief of Police to approve employment of Scott Webb as a police officer, to be effective March 31, 1980. -3- COUNCIL MINUTES MARCH 25, 1980 After discussion, Alderman Peterson moved that with the recommendation of the Police Commission and Police Chief, to approve the employment of Scott Webb as a police officer. Seconded by Alderman Gruenhagen, the motion car- ried unanimously. (e) CONSIDERATION OF UPDATING BUILDING PERMIT ORDINANCE Administrative Assistant Plotz reported that a discussion was held at a Department Head meeting regarding the problem of poor installation of wood burning stoves and/or proper vents and dampers. The City staff was instructed by the Council to look into amending the City building permit ordinance to include this item. In doing research, it was found that the State of Min- nesota required a building permit fee for vents and dampers. Also, the State law showed that building permits were required for all changes to "erect, construct, alter, repair, move, improve, remove, convert...." Since the present municipal code does not comply, it was recommended to amend it to include the State code requirements. Following lengthy discussion, the motion was made by Alderman Peterson to table the matter for further research. Seconded by Alderman Gruenhagen, the motion unanimously carried. (f) CONSIDERATION OF APPOINTMENTS 1. NURSING HOME BOARD - LARRY GRAF 2. HOSPITAL BOARD - MRS. NORA MULLM 3. PLANNING COMMISSION - PAUL W. CHRIS - CLINTON TRACY 4. "SRS. ACTIVITY CENTER ADVISORY BOARD - EVERETT RIESBERG TH S J. STIBAL Mayor Westlund made the above stated appointment and asked for Council rat- ification. It was moved by Alderman Lueneburg, seconded by Alderman Peterson and car- ried unanimously, to ratify the appointments of the abovie,named individuals to said boards and commissions. (g) CONSIDERATION OF BROWNTON BASEBALL ASSOCIATION SOLICITING FOR ADVERTISING IN STATE TOURNAMENT BROCHURE Administrative Assistant Plotz stated the City Ordinance requires approval from the City Council for an outside individual(s) or organization to solicit the sale of goods or merchandise within the City limits. The City has been approached for permission to solicit advertising from local business for a brochure to be printed by the Brownton Baseball Association in conjunction with their state tournament. -4- COUNCIL MINUTES MARCH 25, 1980 Following discussion, Alderman Peterson moved to approve solicitation of ad- vertising from local businessmen by the Brownton Baseball Association after the date of May 1, 1980. The motion was seconded by Alderman Gruenhagen and unanimously carried. (h) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES: 1. AMERICAN LEGION POST 496 2. CROW RIVER COUNTRY CLUB 3. HUTCHINSON ELKS, INC. 4. V.F.W. POST #906 After discussion, the motion was made by Alderman Peterson, seconded by Ald- erman Gruenhagen and carried unanimously, to table the applications until a special meeting of the City Council on March 27, 1980 at 3:00 P.M. (i) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF ON -SALE LIQUOR LICENSES: 1. FRONTIER HOUSE 2. LA CASA DE CAMPA 3. T. L. SCALAWAGS, INC. 4. VELVET COACH, INC. After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to table the applications until a special meeting of the City Council on March 27, 1980 at 3:00 P.M. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JOHN MILLER FOR PUD FOR ROLLING OAKS FOURTH ADDITION, WITH FAVORABLE RECOMMEN- DATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Peterson and carried unanimously, to waive reading and adopt Reso- lution No. 6505 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Planned Unit Develop- ment for Rolling Oaks Fourth Addition. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JOHN MILLER FOR PUD FOR ROLLING OAKS THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Peterson and unanimously carried, to waive reading and adopt Reso- lution No. 6506 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Planned Unit Develop- ment for Rolling Oaks Third Addition. -5- COUNCIL MINUTES MARCH 25, 1980 (1) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HUTCHINSON INDUSTRIAL CORPORATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Peterson that with the recommen- dation of the Planning Commission to waive reading and adopt Resolution No. 6507 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 On Building Design and Construction Under Specific District Regulations In I-1 District. Seconded by Alderman Gruenhagen, the motion carried unanimously. (m) CONSIDERATION OF REQUEST TO AMEND ZONING ORDINANCE SUBMITTED BY HELLAND (FROM R-1 TO R-3) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Lueneburg moved to wgive first reading of Ordinance No. 6/80 and set second reading for April 8, 1980. The motion was seconded by Alderman Gruenhagen and unanimously carried. (n) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR HELLANDS FOURTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Ayderman Peterson, seconded by Alderman Lueneburg and carried unanig►ousl , to waive reading and adopt Reso- lution No. 6508 entitled Resolution GXvi# Approval of Preliminary and Final Plat for Helland's Fourth Addition. / (o) CONSIDERATION OF REQUEST FOR CONDITIO$ALSE PERMIT SUBMITTED BY MILLER, MILLER & MAC WITH FAVORABLE RECOMMENbATION OF PLANNING COMMISSION Following discussion, it was moved by Alder n Peterson to waive reading and adopt Resolution No. 6509 entitled Resol tion Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordi ance No. 464 to Allow Remodel- ing of Non -Conforming Building. The motion w s seconded by Alderman Luene- burg and unanimously carried. (p) CONSIDERATION OF REQUEST FOR VARIANCE(S) SUBMITED BY MILLER, MILLER & MAC WITH FAVORABLE RECOMMENDATION OF PLANNING COMMI ION After discus$ion, Alderman Gruenhagen made the motion, seconded by Alderman Peterson and carried unanimously, to waive reading and adopt Resolution No. 6510 entitled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Rear Setback and Side Yard Setback. (q) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR SANTELMAN'S ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lueneburg to waive reading and adopt Resolution No. 6511 entitled Resolution Giving Approval of Preliminary and Final Plat for Santelman's Addition. Seconded by Alder- man Gruenhagen, the motion unanimously carried. COUNCIL MINUTES MARCH 25, 1980 (r) CONSIDERATION OF REQUEST TO AMEND ZONING ORDINANCE SUBMITTED BY RALPH CLASEN (FROM R-2 TO IC -1) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Peterson to waive the first read- ing of Ordinance No. 7/80 and set second reading for April 8, 1980. The mo- tion was seconded by Alderman Lueneburg and carried unanimously. (s) CONSIDERATION OF REQUEST TO AMEND ZONING ORDINANCE SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, SUBJECT TO CONTINGENCIES City Engineer/Public Works Director Priebe showed a map of the areas involved for rezoning and explained the purpose for it. He further informed the Coun- cil that a petition was presented at the public hearing by adjoining neigh- bors, but a compromise was reached at the Planning Commission meeting. It was agreed that the S 1/2 of the NW 1/4 of the NW 1/4 of the NE 1/4 of Sec- tion 12 township 116 N, Range 30 W would be rezoned from R-2 to R-3. Following discussion, Alderman Lueneburg moved to waive first reading of Ordinance No. 8/80 and set second reading for April 8, 1980. Seconded by Alderman Westlund, the motion carried unanimously. (t) CONSIDERATION OF REQUEST TO AMEND ZONING ORDINANCE (SETBACK REQUIREMENTS) SUBMITTED BY CITY STAFF, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer/Public Works Director Priebe reported on the City staff pro- posal to amend Section 9 of the Zoning Ordinance No. 464, Zone R-2, 3b. Mr. Duane Dickey of DuMax Inc. stated he had an interest in the area being proposed for rezoning. He had planned to build an 18 -unit apartment complex based on 1,800 square feet and wondered if the amended ordinance would af- fect this plan. Mr. Priebe responded the lot was too small for the building unit. There was no open space on the lot, and the rezoning would allow for an easement. Also, it would allow additional space for fare trucks to enter in the event of a fire. Mr. Jim DeMeyer mentioned other properties would probably be affected by the rezoning as well as Mr. Dickey. Following extensive discussion, it was the motion of Alderman Gruenhagen to refer the matter back to the Planning Commission for further study and re- view. Seconded by Alderman Lueneburg,the motion carried unanimously. (u) CONSIDERATION OF ORDERLY ANNEXATION RECOMMENDED BY CITY STAFF, WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION -7- COUNCIL MINUTES MARCH 25, 1980 10. City Engineer/Public Works Director Priebe showed on a map the three areas involved for recommended annexation, namely, South Jefferson area, Highway 7 East, and Golf Course Road. The State Municipal Board would conduct a public hearing on the annexed properties. Mayor Westlund thought the involved property owners should be contacted and a public hearing conducted prior to referring it to the State Board. Following discussion, the motion was made by Alderman Lueneburg to refer the recommended annexations back to the Planning Commission for a public hearing. The motion was seconded by Alderman Gruenhagen and carried unani- mously. (v) CONSIDERATION OF REQUEST FOR EXTENSION OF VARIANCES) BY MCLEOD COUNTY FAIR BOARD FOR ADDITIONAL SIX MONTHS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Administrative Assistant Plotz reported the McLeod County Fair Board re- ceived variances on April 2, 1979 to construct two separate buildings on the McLeod County Fair Grounds. The necessary work was not done within the six month period, and they were asking for an extension of the variance for an additional six months. It was the recommendation of the Planning Com- mission to extend the variances to September 25, 1980. After discussion, it was moved by Alderman Gruenhagen to waive reading and adopt Resolution No. 6513 entitled Resolution Granting Extension of Variances from Section 6.05, B-3 of the Zoning Ordinance No. 464 to Construct Two Sep- arate Buildings On the,kcLeod County Fair Grounds. Seconded by Alderman Peterson, the motion'16"nimously carried. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported the election results were in and asked the Council to approve the canvassing. The election results were then presented to the Mayor and Council by City Accountant Merrill. It was moved by Alderman Lueneburg, seconded by Alderman Peterson and unani- mously carried, to waive reading and adopt Resolution No. 6514 entitled Reso- lution Canvassing Election Returns of City Special Election Held March 25, 1980. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Gruenhagen, seconded by Alderman Peterson and r COUNCIL MINUTES MARCH 25, 1980 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 10:00 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Peterson, and unanimously carried.