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03-23-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 23, 1982 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Kenneth Gruenhagen. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Keith Duehn of the Bethlehem United Meth- odist Church. 3. MINUTES The minutes of the special meetings of February 19, 1982, February 23, 1982 and March 16, 1982 were approved as read upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. The minutes of the regular meeting of March 9, 1982 were approved as amended up- on motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously. 4.. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENTS: 1) PLANNING COMMISSION - ELSA YOUNG 2) HOSPITAL BOARD - ROLLIS BALKE Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar, to ratify the appointment of Elsa Young to the Planning Com- mission for another five-year term. Motion unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously, to ratify the appointment of Rollis Balke to the Hospital Board for another five-year term. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7089 - RESOLUTION FOR PURCHASE After discussion, Alderman Beatty moved to waive the reading and adopt Reso- lution No. 7089 entitled Resolution for Purchase. The motion was seconded by Alderman Carls and carried unanimously. a COUNCIL MINUTES MARCH 23, 1982 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - FEBRUARY 1982 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED FEBRUARY 18, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED FEBRUARY 16, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PARKS AND RECREATION BOARD DATED FEBRUARY 3, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) UPDATE REPORT ON PUBLIC BUILDINGS MEETING BUILDING CODE AND FIRE CODE (DEFERRED MARCH 9, 1982) 1. CITY HALL 2. LIBRARY 3. LIQUOR STORE Fire Marshal Field reported on the inspections of the City Hall, Library and Liquor Store. He stated the three electrical items in the Liquor Store were minor and could be handled internally -since they were administrative in nature. The Fire Marshal further reported that the district representative from the State Fire Marshal's office has not been available to do a review of the inspection of the Old Armory and City Hall. After discussion, Alderman Carls moved that Fire Marshal George Field be authorized to carry out internal compliance in City Hall and the Library with as many items as possible and report back to the City Council the esti- mated costs, with no outlay of money, the items that could not be done in- ternally. Seconded by Alderman Beatty, the motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES: -2- / I COUNCIL MINUTES MARCH 23, 1982 1. AMERICAN LEGION POST #96 2. CROW RIVER COUNTRY CLUB 3. HUTCH ELKS, INC. 4. V.F.W. POST #906 After discussion, the motion was made by Alderman Beatty, that with the recom- mendation of the Police Chief, to approve the above-named applications and issue Club On -Sale Liquor Licenses. The motion was seconded by Alderman Carls and carried unanimously. (b) 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. Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty and unanimously carried, to approve the above-named applications and issue On -Sale Liquor Licenses, with recommendation of Police Chief. (c) CONSIDERATION OF APPLICATION FOR RENEWAL OF ON -SALE WINE LICENSE 1. GOLD COIN CHINESE RESTAURANT After discussion, Alderman Carts moved to approve the above-named applica- tion a - ad issue an On -Sale Wine License. Seconded by Alderman Mlipar, the motion carried unanimously. (d) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter sent to all delinquent account holders was read by Mayor DeMeyer. He then inquired if there was anyone present who wished to be heard regarding his/her account. No one responded. Alderman Beatty moved to accept staff recommendation to discontinue service at 12:00 Noon on March 29, 1982, unless otherwise noted for the following accounts: 04-0265-0-00, 04-0370-2-00, 04-0375-4-00, 04-0625-2-00, 07-0135-1- 00, 07-0360-0-00, 11-1160-0-00, 12-0170-0-00, 12-0300-4-00, 12-0365-3-00, 12-0750-8-00, 12-0785-0-00, 12-0860-1-00, 15-0133-0-00, 27-0025-1-00. Sec- onded by Alderman Carls, the motion carried unanimously. (e) CONSIDERATION OF CHANGING BOARD OF REVIEW TO MAY 20, 1982 The County Assessor notified the City Council that due to a conflict, it would be necessary to change the date for the Hutchinson Board of Review to May 20, 1982. Following discussion, Alderman Mlinar made the motion to approve the change of date for the Board of Review to May 20, 1982. The motion was seconded by Alderman Beatty and unanimously carried. -3- COUNCIL MINUTES MARCH 23, 1982 (f) CONSIDERATION OF REQUEST FOR REZONING FROM R-2 MULTIPLE FAMILY RESIDENCE TO C-4 FRINGE COMMERCIAL DISTRICT SUBMITTED BY ARVIN ANDERSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Mr. Gerald Amundson of 589 Hassan Street stated he would like to know the main purpose for rezoning from R-2 to C-4. Mr. Roy Clabo of 675 Fourth Avenue S.W. responded that he had requested re- zoning in order to continue a business that has been in operation for 53 years in the same building. He pointed out the business was there long be- fore the other houses were built. It was his intent to upgrade the building to code for an automotive and woodworking business. Mr. Clabo further stated there was C-4 zoning across the street, and the rezoning would grant him pro- tection in the event of fire or tornado to permit rebuilding. An inquiry was made by Wally Higgins, 592 Jefferson Street South, if the busi- ness could continue to operate as is with the present R-2 zoning. He stated he had no "qualms" about the business; however, if the property goes to C-4 zoning, it will be a "foot in the door." In the event the building would be destroyed, there would be a total area of residential property with an empty lot. It would make more sense to replace it with a house. City Administrator Plotz explained the City Zoning Ordinance states that no repair exceeding 10% of the current market value in any period of 12 consec- utive months can be done to a structure except to strengthen or restore a build- ing to a safe condition or update it to meet building codes. Mr. Clabo could make the improvements within the zoning requirements, but the building could not be replaced under the present zoning. Mr. Darwin Mause of 545 Hassan Street South stated he lives behind the busi- ness. He had no particular complaint, except the building could stand some improving and "sprucing up." When he purchased his property, he wanted a residential area. The idea of commercial zoning made him nervous, and he was leery of it. The neighbors felt they would like to see the business left residential. A neighbor of Mr. Mause wanted to know how it could be avoided if other prop- erty in the area wanted to rezone to commercial. Alderman Beatty commented that the Planning Commission had placed a condi- tion on the rezoning so that the use of the property could not be changed in the event the property was damaged or destroyed. If it was not returned to its designated use, the property would return to R-2 zoning. The rezon- ing would not only allow Mr. Clabo to upgrade the building, but it would also be a protection to him. Alderman Mlinar stated he had received several telephone calls regarding this issue. Both John Tews of 569 Hassan South and Neil Wegner of 574 Jefferson S. -4- COUNCIL MINUTES MARCH 23, 1982 were opposed to the rezoning. They felt the value of surrounding property would depreciate if the business were zoned commercial. Also, additional traffic would be a concern with young children in the neighborhood. City Attorney Schaefer remarked this is the City's first attempt at condi- tional zoning. It is a new area, and there aren't any Minnesota cases that have been tested in court. The State of California has used this type of zoning. The condition is on the building remaining the same. In the event the building would be destroyed, the property owner would have to come back to the City Council for a building permit, etc. If the use was changed, the City would be aware of it and revert the zoning back to R-2. Mr. Schaefer expressed concern about other areas of industrial activity that may have been overlooked and grandfathered in. Alderman Mlinar alluded to the Comprehensive Plan and asked if it was being disregarded for this rezoning. He also asked about other areas with the same situation. He thought perhaps a precedent would be established and that fur- ther research should be given to the matter. City Engineer Priebe commented that the zoning over -rides the Comprehensive Plan. While the Plan is only a guide, the zoning is actual land use. The Comprehensive Plan came into being after the zoning in that area. Paul Clabo stated the property to be rezoned was owned by Arvin Anderson, an uncle. He further pointed out the business is located on the edge of a com- mercial district so the City would not be making a big change in the Compre- hensive Plan. It was his opinion that the neighborhood needed to have the building upgraded, and the compromise reached by the Planning Commission was a good one. The City Council has the authority to make a decision on rezon- ing of the property. The business is operated low-key so there would be lit- tle traffic. While the automotive portion is a one-person operation, the woodworking part would possibly hire one or two additional workers. There were no definite plans for the future. Eileen Torry of 559 Hassan Street stated she had talked to 12 neighbors, and there were only two in favor of the proposed rezoning. Alderman Mlinar moved to postpone a decision for further research on condi- tional rezoning. Seconded by the Mayor, the motion failed, with Alderman Mlinar and Mayor DeMeyer voting aye and Alderman Carls and Alderman Beatty voting nay. It was then moved by Alderman Beatty to waive the first reading of Ordinance No. 3/82 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map, and set second reading for April 13, 1982. Seconded by Alderman Carts, the motion failed, with Alderman Beatty and Alderman Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. -5- COUNCIL MINUTES MARCH 23, 1982 Attorney Schaefer stated that with two motions voted down by a 2-2 vote, he would research the matter and report back at the next City Council meet- ing. He also wanted to determine if failure to pass a motion would make it necessary to go through the whole procedure again. Alderman Carls commented that all that was being done was granting the owner an insurance policy. He pointed out most of the residents were not opposed to the business as it presently exited. He then suggested a covenant be worked out with the property owner. Mr. Roy Clabo responded that they would be agreeable to a covenant. It was not important to them what the requirements were, but rather that they be allowed to operate a business where one has existed for 53 years. The City Council has every control over the business, as well as the Fire Marshal, City Engineer, etc. Most of the neighbors are agreeable to upgrading the business so all they request is permission to go ahead. Mr. Paul Clabo pointed out that they would have to check with the property owner, Mr. Arvin Anderson, before they could give an answer regarding cove- nants. (g) CONSIDERATION OF REQUEST FOR AS -BUILT SURVEY OF EVERGREEN APARTMENT SITE A request was received for the City Engineer's office to conduct an as -built survey of Evergreen Apartments in accordance with the specifications of the Minnesota Housing Finance Agency. The time and cost involved would be paid for by the developer. City Engineer Priebe reported there would be staff available to do the sur- vey, and the estimated cost would be $714.96, which would go into the City's general fund. Following discussion, it was moved by Alderman Beatty to approve the request for an as -built survey of Evergreen Apartment site by the City Engineer's Of- fice,inasmuch as the City has an interest in the project and the survey is required by Minnesota Housing Finance Agency. Seconded by Alderman Carts, the motion carried, with Aldermen Beatty, Carls, and Mlinar voting aye and Mayor DeMeyer voting nay. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Old Armory gym would be closed to the public on March 24. He further stated there has been vandalism in the build- ing, and it will probably be a potential problem. Mr. Plotz commented that the 10 voting machines have been stored in the Old Armory, and he expressed concern about their safety since each machine is valued at $7,000 - $10100. It was his recommendation to move them into the old fire station where two rooms have locks on the doors. V COUNCIL MINUTES MARCH 23, 1982 It was moved by Alderman Carls to authorize moving the City's voting machines from the Old Armory to the old fire station. Seconded by Alderman Mlinar, the motion unanimously carridd. It was reported that an appraiser from C. R. Pelton & Associates did appraisals on March 22 for the S&L building, the Masonic Temple and the properties owned by the First State Federal Savings & Loan. He will have an appraisal report ready within 10 days. Park land appraisals on property down by the bass pond were prepared by Larry Thulin and Richard Peterson. The report has been submitted to the State. Mr. Plotz commented on the progress of legislature for the easement of the bass pond. The Bill was approved by both houses and awaiting signature by the Governor. April 8, 1982 has been set as the tentative date for the City Council Work- shop. The City Administrator will prepare a proposed agenda for the Workshop. On April 6 at 6:30 P.M., a representative from R.C.M. will give a presenta- tion to the Council regarding the addition to the sewer plant. Attention was drawn to a letter requesting the City Street Department to remove snow from the Evergreen Apartments parking lots and bill the cost to the developer. It was pointed out that the City will be removing snow from the Senior Center's parking lot and vacated alley, as well as doing street sweeping. After discussion, the motion was made by Alderman Beatty to instruct the de- veloper to hire private snow removal and street sweeping services. Seconded by Alderman Carls, the motion carried unanimously. City Administrator Plotz stated that a concerned citizen had inquired about the lease for the Senior Center. He reported that the lease is contained within the "Developer's Agreement and Conveyance" and covers a 50 -year use of building (pages 12-13 of Agreement). It was pointed out that the Minne- sota Housing Finance Agency had recommended the wording in Agreement and determined the number of years it would apply. (b) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe commented on a letter received from Rieke, Carroll & Mueller regarding bids on the addition to the water treatment plant. The apparent low bidder had been requested to submit additional information in order to determine if the company was qualified for the project. The City Engineer reported the City had received two public hearing notices from the County regarding County rezoning within the two mile limit. The -7- COUNCIL MINUTES MARCH 23, 1982 first parcel belonging to Larry Sorenson was to be changed from agricultural to highway business. The property would not be affected by the Comprehen- sive Plan, and he saw no reason to object to the requested rezoning. The other piece of land is located near Otter Lake and would be rezoned to rural residential. Last year the City had received a plan for platting in this area. There was no reason to oppose this rezoning either. The County Zoning Administrator had requested a recommendation from the City Council regarding these two parcels. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, not to object to the requested County rezoning. Motion carried unani- mo us ly . Mr. Priebe referred back to agenda item 9-f. and requested Alderman Mlinar to submit in writing the items he wanted researched regarding rezoning. (c) COMMUNICATIONS FROM MAYOR Mayor DeMeyer read a letter received from the Hutchinson Safety Council ex- pressing appreciation to the Street Department for the good job of snow re- moval during the winter months. The Mayor requested individual written recommendations to the Planning Com- mission from the City Administrator, City Attorney, City Engineer, Fire Mar- shal and Building Official for the agenda items of the the Planning Commission. meeting each month. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer stated that the City has been recently involved in two lawsuits. The Freitag case has been dismissed from court. The Christen- sens have filed against the City of Hutchinson and Hutchinson Utilities Com- mission regarding the rate structure for electricity customers. Attorney Schaefer pointed out that the City does not control the rates applied to in- dividual rate customers. A request was made by the City Attorney to attend a Non -Consent D.W.I. Sem- inar on April 5, 1982 at a cost of $45.00. With the new laws recently passed relating to drunk drivers, he felt it was important to attend. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve the City Attorney to attend the Seminar on April 5, 1982. Motion unanimously carried. (e) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Ralph Neumann mentioned that the Hassan Valley Township had approved COUNCIL MINUTES MARCH 23, 1982 a permit to mine gravel and a land fill permit. (f) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls expressed concern about ava:Uable space for the recreation program. He felt the problem of the Old Armory needed to be addressed. (g) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar stated the Library is in need of repair for the eaves, and there is money in the budget to cover this expense. It was requested that the estimated costs for repair be submitted to the City Council for approval. A request was made that the minutes of the last Planning Commission meeting be made available to the City Council for background on the recommendations from the Commission. City Administrator Plotz indicated that it would be difficult for the Planning Commission secretary to prepare her minutes with- in such a short time -frame. It was then suggested by the City Engineer that the City Council extend the time for action on the Planning Commission items until the first meeting of the month or for one month. Alderman Mlinar commended Director Ralph Neumann and his crew for the good work done in the Clifton Heights area. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Carls and carried unani- mously, to approve the verified claims and authorize payment from the appro- priate funds. 12. ADJOURNMENT There being no further business to come before at 10:22 P.M. upon motion by Alderman Beatty, mously carried. the Council, the meeting adjourned seconded by Alderman Carls and unani-