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05-12-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 12, 1981 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 Lueneburg, Gruenhagen and Beatty, in addition to Mayor Westlund. Absent: Alderman Peterson. Also present: City Administrator Plotz, City Engineer Priebe, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Manley Swarthout of the Wesleyan Church. 3. MINUTES The minutes of the Special Meeting of April 9, 1981 and Regular Meeting of April 28, 1981 were approved as read upon motion by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERING THE ISSUANCE OF "ON -SALE" INTOXICATING LIQUOR LICENSE TO VERLA JOHANNING, MAX'S Mayor Westlund called the public hearing to order at 8:03 P.M. and read Publication No. 2420, Notice of Public Hearing for Issuance of "On -Sale" Intoxicating Liquor License to Verla Johanning, Max's. City Administrator Plotz commented briefly on the requirements by City Or- dinance for an Intoxicating Liquor License. Following discussion, the motion was made by Alderman Lueneburg to close the hearing. The motion was seconded by Alderman Beatty and carried unani- mously. It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen, to grant the issuance of an Intoxicating Liquor License to Verla Johanning for Max's. Motion unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY ELKS LODGE FOR TWO ON -SALE NON -INTOXICATING MALT LIQUOR LICENSES FOR SOFTBALL TOURNAMENTS ON JUNE 6-7, 1981 AND JUNE 21-22, 1981 N.- COUNCIL MINUTES MAY 12, 1981 After discussion, Alderman Beatty moved to approve the request by the Elks Lodge upon the recommendation of the Chief of Police and to issue two On - Sale Non -Intoxicating Malt Liquor Licenses. Seconded by Alderman Gruen- hagen, the motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 2/81 - AN ORDINANCE TO ESTABLISH, DESIGNATE, ACQUIRE, PROVIDE, REGULATE, MAINTAIN AND IMPROVE AN OFF-STREET PARKING SYSTEM WITHIN A CENTRAL BUSINESS OFF-STREET PARKING DISTRICT, AND TO LEVY SPECIAL ASSESSMENTS AND TAXES AND TO ISSUE BONDS FOR THAT PURPOSE Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty, to waive second reading and adopt Ordinance No. 616 en- titled An Ordinance to Establish, Designate, Acquire, Provide, Regulate, Maintain and Improve An Off -Street Parking System Within A Central Business Off -Street Parking District, and To Levy Special Assessments and Taxes and To Issue Bonds for That Purpose. Motion unanimously carried. (b) ORDINANCE NO. 3/81 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (ANNEXED SCHMIDTBAUER PROPERTY) After discussion, Alderman Beatty moved to waive the second reading and adopt Ordinance No. 617 entitled An Ordinance Amending Ordinance No. 464 Concern- ing Zoning Regulations In the City of Hutchinson and the Official Zoning Map (Annexed Schmidtbauer Property). The motion was seconded by Alderman Gruen- hagen and carried unanimously. (c) ORDINANCE NO. 4/81 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS AND THE OFFICIAL ZONING MAP (ANNEXED CLIFTON HEIGHTS) Mr. John Mlinar spoke on behalf of the Clifton Heights residents and ex- pressed appreciation to the Council for zoning the area R-2 and keeping it residential. It was moved by Alderman Lueneburg, seconded by Alderman Beatty, to waive the second reading and adopt Ordinance No. 618 entitled An Ordinance Amend- ing Ordinance No. 464 Concerning Zoning Regulations and the Official Zoning Map (Annexed Clifton Heights). Motion carried unanimously. (d) ORDINANCE NO. 5/81 - AN ORDINANCE TO VACATE A PARK LANE IN BLOCK 2, HELLAND'S FOURTH ADDITION Following discussion, the motion was made by Alderman Beatty to waive the second reading and adopt Ordinance No. 619 entitled An Ordinance to Vacate A Park Lane in Block 2, Helland's Fourth Addition. Seconded by Alderman Lueneburg, the motion unanimously carried. -2- 0 COUNCIL MINUTES MAY 12, 1981 (e) ORDINANCE NO. 6/81 - AN ORDINANCE TO VACATE UTILITY AND DRAINAGE EASEMENT IN HELLAND'S THIRD AND FOURTH ADDITION After discussion, it was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive second reading and adopt Ordinance No. 620 entitled An Ordinance to Vacate Utility and Drainage Easement In Helland's Third and Fourth Addition. Motion unanimously carried. (f) RESOLUTION NO. 6770 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, the motion was made by Alderman Lueneburg to waive reading and adopt Resolution No. 6770 entitled Transferring $10,000 from Liquor Store to General Fund. The motion was seconded by Alderman Beatty and carried unanimously. (g) RESOLUTION NO. 6771 - RESOLUTION AUTHORIZING SUBSTITUTION OF SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 6771 entitled Resolution Authorizing Substitution of Securities to First State Federal Savings & Loan Association of Hutchinson, Minnesota. Seconded by Alderman Lueneburg, the motion unanimously carried. (h) RESOLUTION NO. 6773 - RESOLUTION OF APPRECIATION (JOSEPH A. GETZ) Appreciation was expressed to Joseph Getz for the 16 years of service he has given to the City as an employee in the Park Department. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6773 entitled Resolution of Appreciation. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - APRIL 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PARK AND RECREATION BOARD DATED APRIL 1, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF NURSING HOME BOARD DATED APRIL 23, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -3- COUNCIL MINUTES MAY 12, 1981 (d) MINUTES OF "SENIORS ACTIVITY CENTER' ADVISORY BOARD DATED APRIL 7, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF AIRPORT COMMISSION DATED APRIL 21, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF IMPROVEMENT FOR LOT 3, BLOCK 2, MADSON ADDITION (DEFERRED APRIL 28, 1981) The City Engineer reported he was waiting for a response from the property owner. The item was, therefore, deferred. (b) CONSIDERATION OF REVISIONS TO ZONING ORDINANCE NO. 464, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED APRIL 28, 1981) Alderman Beatty reported the proposed revisions in Section 9 were a culmin- ation of work done by the Planning Commission over a number of months. The material came from various sources and included parking requirements for all zones as well as setbacks. A question was raised by Alderman Gruenhagen regarding the changes in mini- mum lot area and setbacks for Zone R-3 in Section 9. He pointed out the proposed minimum would reduce the number of units to be built on a lot and increase the cost per unit. City Administrator Plotz explained the following reasons for the addi- tional setbacks: 1) to increase green space, 2) to be responsive to com- plaint the Planning Commission receives on the positioning of apartment complex, such as Clinton House, and 3) to have a greater distance between buildings for fire safety. Fire Chief Schlueter commented that the Fire Department could probably per- form its work without the additional setback, but he recommended that sprink- ler systems be installed in buildings over one-story high. Jim DeMeyer stated he was opposed to the proposed change in Section 9. Following extensive discussion, the Mayor made the recommendation to ap- prove the revised Zoning Ordinance No. 464, with the exception of Section 9 and to have the Planning Commission review it one more time. The motion was made by Alderman Lueneburg to accept the amendments to Zon- ing Ordinance No. 464, with the exception of Section 9, and refer it back to the Planning Commission for further recommendation. Seconded by Alder- man Beatty, the motion unanimously carried. -4- COUNCIL MINUTES MAY 12, 1981 It was moved by Alderman Lueneburg, seconded by Alderman Beatty, to waive the first reading of Ordinance No. 7/81 entitled Amending Zoning Ordinance No. 464 and set second reading for May 26, 1981. Motion carried unanimously. 9. New Business (a) CONSIDERATION OF ADVERTISING FOR BIDS FOR COMMERCIAL KITCHEN FOR EVERGREEN APARTMENTS City Administrator Plotz reported the City would receive $32,500.00 in grant assistance from Region 6E for equipment and furnishings in the Senior Center and kitchen located in Evergreen Apartments. It was recommended to adver- tise for bids to be received on May 27, 1981 at 2:00 P.M. After discussion, Alderman Beatty moved to authorize advertising for bids for a commercial kitchen in Evergreen Apartments to be opened May 27, 1981 at 2:00 P.M. The motion was seconded by Alderman Gruenhagen and carried unanimously. (b) CONSIDERATION OF AL BRINKMAN'S SKETCH PLAN OF SECTION 32 OF HUTCHINSON TOWNSHIP TO SPLIT PRESENT LOT INTO TWO PARCELS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reported the County and Township are asking the City to consider Al-Brinkman's sketch plan of Section 32, Hutchinson Township, to split the present lot into two parcels. He pointed out that the abutting property, Our Savior's Lutheran Church, will be requesting annexation into the City. Therefore, it was his recommendation to request a letter from the present property owner of Section 32 stating it will be annexed into the City when Our Savior's Lutheran Church or any other surrounding property owner requests annexation. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Lueneburg, to approve the sketch plan of Al Brinkman, with the con- tingency of annexation. Motion unanimously carried. (c) CONSIDERATION OF NEW FIRE TRUCK FOR FIRE DEPARTMENT Fire Chief Schlueter requested authorization from the Council for the Fire Department to advertise for bids to replace a 1942 fire truck with a new one. He stated that with the present building going on in the City, the additional pumping capacity was needed. The Fire Chief further stated that there was $23,000.00 in the bank and $20,000.00 had been budgeted for the Fire Department, with a total of $43,000.00 available toward the purchase of the new fire truck. -5- COUNCIL MINUTES MAY 12, 1981 Fireman Jim Brodd presented the estimated costs for a proposed 1250 G.P.M. conventional pumper as submitted by four manufacturers. He stated there would be a 12% increase each 6 -months on the proposed cost. After considerable discussion, it was the general consensus of the Council that the first priority should be building the new fire station. Then they would consider a new fire truck. Following the Mayor's statement that available funds for the pumper were questionable at this time, Jim Brodd stated the Firemen's Relief Associa- tion would be willing to loan the City money from their funds on a percent- age basis agreeable to both parties. The Mayor questioned the legality of funding the truck in this manner. Alderman Lueneburg made the motion to defer action on the fire truck until the new fire station is completed and then consider this matter at budget time. Seconded by Alderman Gruenhagen, the motion carried unanimously. (d) CONSIDERATION OF SETTING PUBLIC HEARING FOR PROPOSED $650,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (MCCORMICK PROPERTIES PROJECT/PRAIRIE HOUSE, INC., LESSEE) City Administrator Plotz reported that an industrial revenue bond was being requested by McCormick Properties and the Prairie House, Inc. The required financial statements were being forwarded to the City's auditing firm for review. The $1,000.00 application fee has been received, which is non- refundable. It was recommended to set a public hearing for June 9, 1981 at 8:00 P.M. Following discussion, the motion was made by Alderman Beatty to waive read- ing and adopt Resolution No. 6772 entitled Resolution Relating to A Project Under the Municipal Industrial Development Act; Calling for A Public Hearing Thereon, and set public hearing for June 9, 1981 at 8:00 P.M. The motion was seconded by Alderman Gruenhagen and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that he had attended a meeting this morn- ing with the School Board regarding replacing the Old Armory with a new gym- nasium. The City is negotiating with Citizens Bank for the purchase of the Old Armory and the Wigens building. He anticipated that a committee would be appointed shortly to work on this project. Mention was made that the Fire Department Committee would be meeting on Mon- day, May 18, at 7:00 A.M. to further discuss the design of the new fire sta- tion. mom COUNCIL MINUTES MAY 12, 1981 The Parking Committee recently met and arrived at some proposed parking spaces in the downtown area. A windshield appraisal will be done of some property,and then a recommendation will come from the Downtown Development District Advisory Board to the City Council. It will be approximately an- other week before the appraisals are received. The Joint Litchfield/Hutchinson Airport Committee will be meeting May 14, 1981 at 8:00 P.M. in the Litchfield City Hall. The Committee has already met with the township officials and County Commissioners. This meeting will be with land owners and the public to discuss proposed sites for the new airport. (b) COMMUNICATIONS FROM THE CITY ATTORNEY City Attorney Schantzen reported that Attorney Ronald McGraw should be con- tacted for a tender of defense and hold harmless agreement regarding the lawsuit filed against the City, Ralph D. Westlund, Gary D. Plotz, by Lor- raine A. Meyer, Plaintiff and W. E. Reyerson, Attorney for Plaintiff. It was moved by Alderman Beatty to enter into an agreement with Attorney Ronald McGraw as recommended by the City Attorney. Seconded by Alderman Gruenhagen, the motion unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:45 P.M. upon motion by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously. -7-