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02-27-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MONDAY, FEBRUARY 27, 1978 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Westlund, Gruenhagen, and K. Peterson in addition to Mayor Black. Absent: Alderman B. Peterson. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The Reverend Darrel F. Thalmann of the Our Savior's Lutheran Church gave the invocation. 3. MINUTES The minutes of the Regular Meeting dated February 14, 1978 and Special Meeting dated February 23, 1978 were approved upon motion by Alderman K. Peterson, seconded by Alderman Westlund. 4. PUBLIC HEARING - 8:00 P.M. (a) S.E. DRAINAGE AREA IMPROVEMENT (PROJECT 78-03) Mayor Black opened the Public Hearing at 8:00 P.M. by reading Publication No. 2028, Notice of Hearing, Project 78-03. This improvement project will be for storm sewer and appurtenances of the following areas: Southeasterly Drainage District Outlet School Road and T.H. 7 West Drainage System Loren's Third Addition Drainage System Shady Ridge Road Area Drainage System Following an explanation of the procedure for public improvement under Section 429.011 to 429111 of the Minnesota Statutes, Mayor Black called upon City Engineer/Public Works Director Priebe to present his proposal for Project 78-03. Mr. Priebe commented that a previous Public Hearing for Project 78-03 was held on December 13, 1977. No definite decision was reached regarding this project, and since that time additional property has been included in the improvement project area, thus calling for another hearing. The new proposed outlet route will include a 42 -inch outlet pipe for the southeast drainage district from Hassan Street South easterly on Fifth Avenue Southeast and then Is through the sewage treatment plant property to the river. The estimated cost of the project is about one cent per square foot of property affected. .0'# Council Minutes February 27, 1978 Mayor Black opened the hearing to the public and asked if anyone present wished to be heard. The following made inquiries regarding Project 78-03: Leslie Smith Inquired what work was done on Fifth Avenue 346 Monroe South last year. Asked when curb and gutter will be put in on Monroe. City Engineer/Public Works Director Priebe responded that last year sanitary sewer was put in, and the year before it was a lateral line. A new line was put in on Monroe in- stead of curbing. There being no one else present wishing to be heard regarding Project 78-03, it was moved by Alderman Westlund to close the hearing at 8:10 P.M. Seconded by Alderman K. Peterson, the motion unanimously carried. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the Improvement Project 78-03 and waive reading and adopt Resolution No. 6093 entitled Ordering Improvement and Preparation of Plans. Motion unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY FRED SCHMIDT After discussion, it was moved by Alderman Westlund to approve the request for reduced trash and refuse rate made by Fred Schmidt. Seconded by Alder- man K. Peterson, the motion unanimously carried. (b) CONSIDERATION OF REQUEST FOR FINLEY MIX TO ATTEND ANNUAL WASTEWATER OPER- ATIONS SEMINAR ON MARCH 29-31, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the request of Finley Mix to attend the Annual Waste- water Operations Seminar on March 29-31, 1978. Motion unanimously carried. (c) CONSIDERATION OF REQUEST FOR JEAN LERBERG AND GARY PLOTZ TO ATTEND HUD ACQUISITION AND RELOCATION CONFERENCE ON MARCH 1-2, 1978 Following discussion, it was moved by Alderman Westlund to approve the at- tendance of Jean Lerberg and Gary Plotz at the Hud Acquisition and Reloca- tion Conference on March 1-2, 1978. Seconded by Alderman K. Peterson, the motion unanimously carried. -2- Council Minutes February 27, 1978 (d) CONSIDERATION OF REQUEST FOR "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR MARCH 17-19, 1978 AT CIVIC ARENA Both Mayor Black and City Attorney Schantzen had reservations about the City issuing itself a malt liquor license to sell beer at the Civic Arena for a broomball tournament to be held March 17-19. Mr. Schantzen pointed out that there would be a liability problem which would require additional insurance coverage for the Arena. Chief of Police 0`Borsky raised questions regarding the percentage of spec- tators and players in attendance who would be under the age of 19 and also the negative influence that 3.2 beer could have on crowd behavior. It was the consensus of the Council that the City should not issue itself a malt liquor license, but if another organization leased the Arena and applied for such a license, the application would be given favorable con- sideration. Alderman Westlund asked to withdraw the request for an "On -Sale" Non -Intox- icating Malt Liquor License on behalf of the Civic Arena Board. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 1/78 - ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS" BY ADDING SUB- DIVISION NO. 7 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS" After discussion, it was mpved by Alderman Westlund to waive the second reading and adopt Ordinance. No. 557 entitled Ordinance Amending Section 715:20 of the 1974 Ordinanc� Code of the City of Hutchinson, Entitled "No Parking Areas" By Adding Subdivision No. 7 Thereto, Relative to "Parking, Local Regulations." Seconded by Alderman Gruenhagen, the motion unanimously carried. i 1. (b) ORDINANCE NO. 2/78 - ORDINANC NAMING STREET ALONG WEST RIVER PARK "LES KOUBA PARKWAY" AND PORTION OF�EST RIVER PARK "LES KOUBA POINT" City Attorney Schantzen requested the second reading of Ordinance No. 2/78 be deferred until the Council meting to be held March 14, 1978. (c) ORDINANCE NO. 3/78 - AN ORDINANCE\TO ESTABLISH A "SENIORS ACTIVITY CENTER" ADVISORY BOARD AND TO DEFINE ITS DUTIES AND MEMBERSHIP Mayor Black explained the background leading up to the development of a Seniors Acktivity Center Advisory Board. After discussion, it was moved by Alderman K. Peterson to waive the first reading of Ordinance No. 3/78 entitled An Ordinance to Establish a "Seniors -3- Council Minutes February 27, 1978 Activity Center" Advisory Board and To Define Its Duties and Membership and to set the second reading for March 14, 1978. Seconded by Alderman Westlund, the motion unanimously carried. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED JANUARY 17, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (b) MINUTES OF AIRPORT COMMISSION DATED FEBRUARY 15, 1978 There being no discussion, tte minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF TRANSPORTATION BOARD DATED FEBRUARY 15, 1978 There being no discussion, the'�minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF BURNS MANOR NURSING OME DATED JANUARY 19, 1978 There being no discussion, the m nutes were ordered by the Mayor to be received for filing. (e) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED FEBRUARY 21, 1978 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MAINTENANCE CONTRACT FOR POLICE DEPARTMENT RADIO EQUIPMENT (DEFERRED JANUARY 24, 1978) Administrative Assistant Plotz reported on a meeting held by all the en- tities interested in a radio maintenance contract. A representative from Mankato Mobile Radio presented a proposal. The maintenance contract for the Police Department as reviewed at the January 24, 1978 Council meeting would not be changed regardless of whether or not the other entities enter into an agreement with Mankato Mobile Radio. It is, therefore, Police Chief O'Borsky's request to accept the contract for a one-year period with a re- fund provision. After discussion, it was moved by Alderman Westlund to approve the main- tenance contract and enter into an agreement with Mankato Mobile Radio for a one-year period, with a refund provision, for the Police Department. Seconded by Alderman K. Peterson, the motion unanimously carried. -4- Council Minutes February 27, 1978 9. NEW BUSINESS (a) PRESENTATION BY KATHY BAUE;R OF REGION 6E REGARDING NON -ACCESSIBLE BUILDINGS FOR HANDICAPPED PEOPLE Miss Kathy Bauer, a member of the Region 6E staff, explained the Region 6E "Access Project" to the Council. She then presented a slide presentation on architectural barriers that prevent access to buildings and other areas by handicapped people. Mayor Black informed Miss Bauer that the City Council has already given consideration to some of the problems confronting handicapped people, and this year during the construction season curb cuts are to be put in along Main Street for accessibility to retail stores. (b) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GERALD FISHER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to waive reading and adopt Resolution No. 6094 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C-5 of 1975 Zoning Ordinance to Allow Remodeling of Existing Garage. Motion unani- mously carried. (c) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY F. W. (JIM) SCHAEFER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson to waive reading and adopt Resolution No. 6095 entitled Resolution Granting Variance from Section 6.05, B-3 of Zoning Ordinance to Allow An Addition to Home. Seconded by Alderman Gruenhagen, the motion unanimously carried. (d) CONSIDERATION OF PARK CONTRIBUTION SCHEDULE AS SUBMITTED BY MARLOW PRIEBE City Engineer/Public Works Director Priebe reported that recently he had recommended to the Planning Commission that the park contribution schedule be updated. The proposed schedule has been adjusted to be in line with the present land values in and around the City of Hutchinson. The general feeling of the Council was that a 40% increase in the park con- tribution schedule was too high. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to refer the Park Contribution Schedule back to City Engineer/Public Works Director Priebe for further review and recommendation. Motion unanimously carried. -5- Council Minutes February 27, 1978 (e) CONSIDERATION OF REVIEW USAGE OF BUILDING AT CORNER OF SECOND AVENUE AND FRANKLIN STREET WITH RECOMMENDATION BY PLANNING COMMISSION OF STRONG ACTION City Engineer/Public Works Director Priebe reported that the property owner had requested a zoning change some time back when work was done to convert one apartment unit into commercial. The building is located in a C-3 zone and was built prior to the ordinance in 1962. The building is being grad-- ually converted over to commercial use, and it does not meet the parking standards. Mr. Jim DeMeyer appeared before the Council and stated that he felt there was adequate parking with parking meters on one end of the building, a park- ing lot behind the building, and parking on one end of the building. He questioned what was being objected to. Mr. Priebe pointed out that the problem goes back to the building permit and that the building does not comply with the present code for the cur- rent use of the building. Every time remodeling is done to the building, it changes the conformity with the code and puts a strain on parking. It was moved by Alderman Westlund to request that the City Engineer, Ad- ministrative Assistant, and Building Official meet with the owner of the building to reach an agreement that can be presented to the Council at a later meeting. Seconded by Alderman K. Peterson, the motion unanimously carried. (f) CONSIDERATION OF APPROVAL OF FINAL PLAT FOR BOYLE'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Administrative Assistant Plotz distributed a drawing showing Boyle's First Addition. City Engineer/Public Works Director Priebe recommended that the plat be approved, subject to the parks and playground contribution schedule. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 6096 entitled Reso- lution Giving Approval of Final Plat of Boyle's First Addition, subject to the parks and playground contribution schedule. Motion unanimously carried. (g) CONSIDERATION OF FIRE LANE PARKING VIOLATIONS Fire Inspector Field commented that there are frequent violations in the fire lanes so he feels the parking fine should be increased from the pre- sent fee of $1.00 to possibly $5.00. Alderman K. Peterson made the motion to establish the fire lane parking violation fee at $5.00 and to waive the first reading of Ordinance No. 4/78 and set second reading for March 14, 1978. Seconded by Alderman Westlund, the motion passed unanimously. Council Minutes February 27, 1978 It was moved by Alderman K. Peterson, seconded by Alderman Westlund, to authorize George Field, Fire Inspector, to write tickets for fire lane violations. Motion unanimously carried. (h) CONSIDERATION OF REQUEST BY HUTCHINSON COMMUNITY HOSPITAL BOARD OF DIRECTORS FOR AUTHORIZATION TO PROCEED WITH BIDDING STATE OF INTENSIVE CARE -CORONARY CARE UNIT Hospital Administrator Graves presented the plans and specifications for the intensive care -coronary care unit at the hospital. Estimates are $3Q000 for electrical work, $5,000 for mechanical work, and $5,000 for general construction, with some of the general carpenter work to be per- formed by hospital maintenance staff. Mr. Graves requested that the Coun- cil give authorization to proceed with the bidding stage of the Intensive Care -Coronary Care Unit. 1 After discussion, it was moved by Alderman K. Peterson to approve the plans and specifications and authorize advertising for bids to be opened on March 28, 1978 at 2:00 P.M. n City Hall. Seconded by Alderman West- lund, the motion passed unanimo sly. (i) CONSIDERATION OF REQUEST FOR CU4B, GUTTER AND BLACKTOP STREETS IN STONEY POINT ADDITION I f The developers of Stoney Point Addition have requested that three streets within the development be includd in the City's bids for curb, gutter and blacktop streets when they do construction in the area this year. The full cost of the work will be paid by'the developer upon completion. I City Attorney Schantzen remarkedlthat a letter of credit will be required, and he will prepare a contract. After discussion, it was moved b! Alderman Westlund to include the project in Stoney Point Addition in the plans and specifications for bid letting by the City and request a letter{of credit from the developers and contract from City Attorney. Seconded by Alderman Gruenhagen, the motion unanimously carried. (j) CONSIDERATION OF STONEY POINT -HIGH SCHOOL AREA SIDEWALK City Engineer/Public Works Director Priebe pointed out on a map the area to be included for the proposed sidewalk. The Safety Council has requested the construction of a sidewalk from Highway 7, over the bridge, to Stoney Point Road, and along Stoney Point Road to Roberts Road. Following discussion, it was the consensus of the Council that a sidewalk -7- Council Minutes February 27, 1978 along Stoney Point Road, rather than along School Road, was a better idea. Mayor Black recommended that the location of sidewalk in this area be designated before any construction begins. A public hearing will be required. Alderman K. Peterson made the motion to approve the concept of the side- walk in the Stoney Point -High School area and include it in the plans and specifications for School Road Project from Highway 7 to Stoney Point Road, and on Stoney Point Road from School Road to Roberts Road, and on Roberts Road from Stoney Point Road to the east line of Lot 1, Block 4 in Stoney Point Addition, and on Lot 24 in said block which will be constructed sub- sequent to a public hearing. Seconded by Alderman Westlund, the motion unanimously carried. (k) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter mailed to all delinquent account holders was read by Mayor Black. He then asked if there was anyone present wishing to be heard regarding his/her account. No one responded. Alderman Westlund made the motion to discontinue service on accounts 8-0370-1-00, 8-0545-0-00, 10-0265-0-00, and 10-1145-0-00, and to discontinue service on accounts No. 9-0765-0-00, 11-0250-0-00, and 36-0001-0-00 if pay- ment is not received as promised. Seconded by Alderman K. Peterson, the motion passed unanimously. (1) CONSIDERATION OF PART-TIME BUS DRIVER FOR HUTCHMOBILE Marvin Latzig would be available as a part-time driver for the Hutchmobile during the afternoon hours until 5:00 P.M. His availability would make possible late -day service with two buses when needed. It was moved by Alderman K. Peterson, seconded by Alderman Gruenhagen, to approve Marvin Latzig as a part-time driver for the Hutchmobile. Elation unanimously carried. (m) CONSIDERATION OF LOGIS LIQUOR INVENTORY CONTROL STUDY Alderman Westlund reported on the Liquor Inventory Control Study to be con- ducted by LOGIS. The difference in the amount between the grant and actual costs are to be paid by the cities participating in the program, which is not to exceed $500 payable in August or September, 1978. Liquor Store Man- ager Neumann is interested in having this study done and the proposed method used for the Hutchinson Municipal Liquor Store. It was moved by Alderman Westlund to authorize the expenditure of $500 to LOGIS for the Liquor Inventory Control Study. Seconded by Alderman K. Peter- son, the motion unanimously carried. Council Minutes February 27, 1978 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on a supplemental program for the shade tree program. Six out of 10 cities were chosen to participate in this program, with Hutchinson being one of them. It is a 100% funded pro- gram to prevent the spreading of Dutch Elm disease and includes pruning, trenching, and treating with special chemicals. A resolution will be pre- sented at the next Council meeting for establishing a Total Dutch Elm Dis- ease Sanitation Program. (b) COMMUNICATIONS FROM MAYOR BLACK Mayor Black commented on the recent complaints received by the Council regarding debris and abandoned automobiles and inquired of the City At- torney what is being done about these situations. City Attorney Schantzen responded that two letters have been mailed and four more are to be sent within the next few days. Mayor Black reported that he and Public Works Director/City Engineer Priebe had attended the Public Hearing of the County Zoning Board on Wednesday, February 22, 1978. He testified before the Board concerning the City of Hutchinson's objection to the, property on South Grade Road being granted a special use permit. Since the Zoning Board was considering a time limit on the special use permit but needed to check the legality, the hearing was adjourned until the evening of, February 23, 1978. Mayor Black also attended this meeting, and at that time the County Zoning Board approved a special use permit, without a time limit, with recommendation to the County Commissioners. Mayor Black then asked if he should attend the County Commissioners meeting to further protest the issuance of a special use permit. City Attorney Schantzen reported that under State law, the City cannot take over the two-mile radius zoning if the county has its own zoning or- dinance. (c) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe remarked that he had received a telephone call from Mr. Irvin Burich, President of Citizens Bank, regard- ing the service road south and east of Highway 15. His concern is the nar- rowness of Oakland Avenue inasmuch as the bank is making application for permission to establish a drive-in detached facility at Oakland Avenue and Echo Drive. City Engineer/Public Works Director Priebe reported that a traffic count had been taken in that area in October, 1973, but this is a bad time of the year to conduct a current one. The service road is presently 25 feet IRN Council Minutes February 27, 1978 wide but should be widened to 30 feet. State Highway Department officials had informally told Mr. Priebe that it shouldn't present any difficulty to take two and one-half feet off the highway right-of-way. The Council authorized City Engineer/Public Works Director Priebe to make formal contact with the Highway Department Regional Office in Willmar to obtain a firm commitment from them and to determine financing for the street. Also, a traffic count should be taken in the Oakland Avenue area as soon as weather permits. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the verified claims and ,authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business to come be-�ore the Council, the meeting was adjourned at 10:00 P.M. upon motion by Alderman Westlund, seconded by Alderman K. Peterson, and unanimously carried. -10-