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12-29-1982 CCMV", MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, DECEMBER 29, 1982 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: Alderman Mike Carls. Also present: City Attorney James Schaefer and City Accountant Kenneth B. Merrill. 2. INVOCATION In the absence of a pastor, there was a moment of silent prayer. 3. MINUTES The minutes of the Bid Opening of December 13, 1982 and Regular Meeting of December 14, 1982 were approved as presented upon motion by Alderman Gruenhagen, secQu,ded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING None. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION BY RCM OF HUTCHINSON SEWER SYSTEM EVALUATION SURVEY REPORT AND UPDATE OF STEP I STUDY OF WASTEWATER TREATMENT PLANT Messrs. James Welday and Francis Osborne from Rieke, Carroll, Muller Asso- ciates, Inc. presented a report on Phase II, Step I,Hutchinson sewer system. It was pointed out the City will need to determine how it wants to proceed on the rehabilitation of the sewer system. They outlined further action recommended by their firm, which included: 1) adoption of a Resolution to be submitted to the EPA and MPCA for their approval, 2) a letter of auth- orization from the City for RCM to proceed with the plan, and 3) a meet- ing of the Public Participation Committee to review alternative methods. Following discussion, the motion was made by Alderman Beatty to accept the RCM report for staff review and recommendation and to adopt a Resolution at a future date. Motion seconded by Alderman Mlinar. Alderman Beatty amended his motion to place this item on the Agenda for the first City Council meeting in February. Motion seconded by Alderman Mlinar and carried unanimously. 0 COUNCIL MINUTES DECEMBER 29, 1982 (b) CONSIDERATION OF REQUEST FOR PARKING SIGN(S) IN FRONT OF MEAT 'N CHEESE SHOPPE Police Chief O'Borsky recommenddd that the City Council wait for the report on the six-month trial period for the two-hour parking limit before taking any action on this request. He would not, however, have any objection to business owners placing signs in front of their establishments requesting a shorter time limit for parking. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Beatty, that the request be denied for 15 -minute parking in front of the Meat 'N Cheese Shoppe. Motion unanimously approved. (c) CONSIDERATION OF REQUEST FOR ADDITIONAL PARKING BY USE OF COURTESY PARKING TICKET Police Chief O'Borsky stated he had no objection to the concept and felt it merited further review. The motion was made by Alderman Gruenhagen to defer this item to the next City Council meeting. Motion seconded by Alderman Mlinar and carried unani- mously. (d) CONSIDERATION OF REQUEST FOR CITY ATTORNEY TO ATTEND "UPDATE FOR CITY ATTORNEYS" SEMINAR JANUARY 21-22, 1983 Following discussion, Alderman Mlinar moved to approve the request. Motion seconded by Alderman Beatty and unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/82 - ORDINANCE AMENDING SECTION 715:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "NO PARKING AREAS" BY ADDING SUBDIVISION NO. 12 THERETO, RELATIVE TO "PARKING, LOCAL REGULATIONS" After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Beatty, to waive second reading and adopt Ordinance No. 654 entitled Ordinance Amending Section 715:20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "No Parking Areas" By Adding Subdivision No. 12 Thereto, Relative to "Parking, Local Regulations." Motion unanimously approved. (b) RESOLUTION NO. 7310 - TRANSFERRING INTEREST EARNED FROM WATER/SEWER FUND TO GENERAL FUND -2- COUNCIL MINUTES DECEMBER 29, 1982 Following discussion, the motion was made by Alderman Beatty to waive reading and adopt Resolution No. 7310 entitled Transferring Interest Earned from Water/Sewer Fund to General Fund. The motion was seconded by Alder- man Mlinar and carried, with Aldermen Gruenhagen, Beatty and Mlinar voting aye and Mayor DeMeyer voting nay. (c) ORDINANCE NO. 17/82 - AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO AND RAFFLES AND THE USE OF PADDLEWHEELS, TIPBOARDS, PULL -TABS OR TICKET JARS AND PROVIDING A PENALTY FOR VIOLATION Police Chief O'Borsky stated it is currently illegal in the State of Min- nesota to gamble on a liquor licensed premise. A solution to the problem would be to enact ordinances allowed by State law which provide for the licensing of Bingo, paddle wheels, tip boards, and pull -tabs. City Attorney Schaefer pointed out the proposed ordinance states the regu- lations for the three types of licenses, namely, bingo license, gambling devices license, and combination license. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 17/82 and set the license fees at $10 for a bingo license, $25 for a gambling devices license, and $20 for a combination license. There was no second and the motion failed. Alderman Gruenhagen moved to waive first reading of Ordinance No. 17/82 and to set the license fees at $10 for a bingo license, $25 for a gambling devices license, and $35 for a combination license, with a December 31 ex- piration date for all three licenses. Motion seconded by Alderman Beatty and unanimously approved. (d) ORDINANCE NO. 18/82 - AN ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 11 THERETO City Attorney Schaefer stated the proposed three-hour time limit for park- ing in municipally owned parking lots would be for a six-month trial per- iod. After review at the end of that time frame, the Ordinance could be repealed if desired. After discussion, it was moved by Alderman Beatty to set the second read- ing for Ordinance No. 18/82 for January 11, 1983, with an amendment of the days to Monday through Friday. Alderman Gruenhagen seconded the mo- tion, and it unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL STATEMENT - NOVEMBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. -3- V COUNCIL MINUTES DECEMBER 29, 1982 (b) MINUTES OF AIRPORT COMMISSION DATED SEPTEMBER 13, 1982 AND NOVEMBER 8, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF PLANNING COMMISSION DATED NOVEMBER 16, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) DISCUSSION OF ALDERMAN MLINAR'S REQUEST OF WHAT CAN BE DONE CONCERNING QUESTIONS REGARDING THE CITY (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer stated that after the last Council meeting, he had given much thought to Alderman Mlinar's stated questions and concerns regarding the City. Considerable time was then spent reviewing these various areas. The City Administrator and City Accountant were instructed to survey other cities for positive uses of tax increment financing. (b) CONSIDERATION OF OPTION CONTRACTS: 1. PLOWMAN'S BUILDING $175,000 2. BRETZKE PROPERTY 103,800 3. MASONIC TEMPLE 163,000 Alderman Beatty reported that the owners of the Bretzke property had chosen not to sign an addendum to the option contract. It was his recommendation to use the interest money from the bonds to make up the difference on the Bretzke assessment. It was moved by Alderman Beatty to direct the Mayor and City Administrator to execute the options. Alderman Gruenhagen seconded the motion. The mo- tion failed with a tie vote of Aldermen Beatty and Mlinar voting aye and Alderman Gruenhagen and Mayor DeMeyer voting nay. (c) DISCUSSION OF HANDICAPPED CODES AS IT RELATES TO STATE OF MINNESOTA, AS IT PERTAINS TO USE OF PUBLIC BUILDINGS AND AS IT RELATES TO GOVERNMENT FUNDING PROGRAMS (REQUESTED BY MAYOR DEMEYER) (DEFERRED NOVEMBER 9, 1982) Building Official Pittman presented a report on handicapped codes for the State of Minnesota and their application to the City of Hutchinson. The motion was made by Alderman Beatty, seconded by the Chair, to accept the report. Motion unanimously approved. -4- COUNCIL MINUTES DECEMBER 29, 1982 (d) REVIEW OF BUILDING OFFICIAL'S LETTER REGARDING HANDICAPPED CODE UPDATES, INCLUDING DISCUSSION OF FIRST AND SECOND FLOOR OF CITY HALL AND LIBRARY (REQUESTED BY MAYOR DEMEYER) (DEFERRED NOVEMBER 9, 1982) Following discussion, Alderman Beatty moved to accept the report of the Building Official. Motion seconded by the Chair and carried unanimously. (e) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE TO CORRECT ERROR ON PARKING ASSESSMENT: 1. HOME BAKERY (ALICE LOVALD) 2. J & J FINDINGS (JOAN RUSTOM) City Accountant Merrill explained that in these two cases an error was made in not giving proper credit on the parking assessment roll when it was adopted. In order to correct the errors, it would be necessary to hold a public hearing. After discussion, the motion was made by Alderman Beatty to set a public hearing for January 25, 1983 at 8:00 P.M. Motion seconded by Alderman Gruenhagen and carried, with Mayor DeMeyer abstaining from voting. (f) CONSIDERATION OF ESTABLISHING PUBLIC HEARING ON JANUARY 11, 1983 FOR INDUSTRIAL REVENUE NOTE REQUESTED BY HUTCH COMPUTER INDUSTRIES It was reported that the law firm of Briggs and Morgan had notified the City that a 15 -day notice prior to a public hearing was required for this item. Since the City did not meet the requirement for the hearing held on December 14, 1982, it would be necessary to schedule another hearing for Hutch Computer Industries. Following discussion, Alderman Beatty moved to set a public hearing date for January 25, 1983 at 8:00 P.M. Motion seconded by Alderman Gruenhagen and carried unanimously. The Council was informed that the 15 -day notice would be met for a January 11, 1983 public hearing. Therefore, Alderman Beatty moved to rescind his previous motion to set the public hearing for January 25, 1983 and set the public hearing for Hutch Computer Industries for January 11, 1983 at 8:00 P.M. Motion seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF 1983 IMPROVEMENT PROJECTS (PROJECT 83-01) (DEFERRED DECEMBER 14, 1982) -5- COUNCIL MINUTES DECEMBER 29, 1982 After discussion of the 1983 improvement -projects, Alderman Beatty moved to approve Sections 5 through 10 and 18 of Project 83-01 as recommended by the City Engineer. Motion seconded by Alderman Mlinar and carried unanimously. It was moved by Alderman Beatty to approve Sections 1, 2 and 4 of Project 83-01. Alderman Gruenhagen seconded the motion, and it unanimously carried. The motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to approve Section 19 of Project 83-01. The motion carried, with Alder- men Gruenhagen, Beatty and Mlinar voting aye and Mayor DeMeyer voting nay. It was recommended by the City Engineer for the Council to consider grading, base, permanent surfacing, sidewalk, curb and gutter on Franklin Street from Second Avenue Southeast to Fourth Avenue Southeast. Discussion was given to the matter, but no action was taken at this time. Alderman Gruenhagen made the motion to include Section 16 in the program for Project 83-01. The motion was seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty and Mlinar voting aye and Mayor DeMeyer abstaining from voting. The motion was made by Alderman Beatty to include Section 15 in the program for Project 83-01, contingent upon the future of the Old Armory property. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruen- hagen, Beatty and Mlinar voting aye and Mayor DeMeyer abstaining. It was moved by Alderman Gruenhagen, seconded by Alderman Mlinar, to ap- prove Section 14 of Project 83-01 and to set a public hearing for the first Council meeting in February, 1983. The motion failed for lack of a major- ity vote, with Aldermen Gruenhagen and Mlinar voting aye and Alderman Beatty and Mayor DeMeyer voting nay. The motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7311 entitled Resolution Ordering Improvement and Preparation of Plans and Specifications, Project 83=01. Moti-on unanimously carried. (h) CONSIDERATION OF GUIDELINES FOR CITY COUNCIL PROCEEDINGS (DEFERRED DECEMBER 14, 1982) Alderman Mlinar moved to defer this item to the January 25, 1983 Council meeting. Motion seconded by Alderman Beatty and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND 6E COMMUNITY ACTION AGENCY FOR RENTAL OF NUTRITION SITE AT SENIOR CENTER Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Mlinar, to approve and enter into contract with 6E. Unanimously approved. COUNCIL MINUTES DECEMBER 29, 1982 (b) CONSIDERATION OF RECYCLING REQUESTS: 1. WEST CENTRAL INDUSTRIES, INC. OF WILLMAR 2. RONALD THOMPSON OF HUTCHINSON Messrs. John Walsh and Gary Nielsen, West Central Industries, explained their plans for expanding a recycling plant operation into the four coun- ties of McLeod, Renville, Meeker and Kandiyohi. The materials to be re- cycled would include corrugated materials, aluminum cans, newsprint and office paper, and possibly clear and colored glass. A fee would be paid for these items. City Attorney Schaefer raised a question concerning Junker Sanitation's contract with the City for hauling refuse. It was suggested the City Ad- ministrator or City Attorney in Willmar be contacted regarding any problems, licenses, permits, etc., relating to recycling. Mr. Ronald Thompson from Hutchinson appeared before the Council and re- quested permission to set up containers at certain sites within the City limits for the collection of materials that could be recycled. No fee would be paid for the materials deposited in the containers. Following discussion, Alderman Mlinar moved to direct the City Attorney and City Administrator to investigate the recycling possibility in Hutchinson, for action at a later time. Alderman Gruenhagen seconded the motion, and it unanimously carried. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS No one was present to request an extension of the payment period. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to accept the staff recommendation to discontinue service at 12:00 Noon on January 5, 1983, unless otherwise indicated, for the following: Account No. 03-1115-2-00, 04-0095-1-00, 04-0220-1-00, 04-0240-0-00, 04-0290-0-00, 04-0370-2-00, 04- 0375-4-00, 04-0625-2-00, 04-0850-6-00, 04-0855-9-00, 11-0630-7-00, 11- 1165-3-00, 11-1222-3-00, 12-0170-0-00, 12-0415-0-00, 12-0715-2-00, 12- 0750-0-00, 12-0750-1-00, 12-1000-2-00, 12-1165-0-00, 12-1325-0-00, 16- 0388-1-00, 16-0560-1-00, 17-0065-0-00, 41-0052-2-00. Motion unanimously approved. (d) CONSIDERATION OF STATEMENTS FOR VARIOUS LEGAL SERVICES FROM DORSEY & WHITNEY LAW FIRM After discussion, the motion was made by Alderman Beatty to approve payment to Dorsey & Whitney law firm. The motion was seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, and Mlinar voting aye and Mayor DeMeyer voting nay. -7- I/ COUNCIL MINUTES DECEMBER 29, 1982 (e) CONSIDERATION OF APPLICATIONS FOR CIGARETTE LICENSES FOR 1983 Following discussion, it was moved by Alderman Mlinar to approve the appli- cations and issue cigarette licenses for 1983. The motion was seconded by Alderman Gruenhagen and carried, with Alderman Beatty abstaining from vot- ing. (f) CONSIDERATION OF REQUEST FOR HUD GRANT FOR HUTCH HOTEL BY FRANK FAY Mr. Frank Fay requested assistance from the City to apply for an Urban and Housing Grant for the Hutch Hotel. The firm of Professional and Develop- ing Company in Mankato will be assisting with the grant application. After discussion, the motion was made by Alderman Gruenhagen to set a pub- lic hearing for January 25, 1983 at 8:00 P.M. Motion seconded by Alderman Beatty and carried unanimously. (g) CONSIDERATION OF FUND REIMBURSEMENT City Accountant Merrill reported on the costs incurred by the City prior to the bond issue and the construction of the new fire station. The total expenditures amounted to $37,117.55. He further reported it would be pos- sible to receive reimbursement from the bond fund to recover some of these expenses. Following discussion, Alderman Beatty moved to approve the fund reimburse- ment. Motion seconded by Alderman Gruenhagen and unanimously approved. (h) CONSIDERATION OF REVIEW OF FINAL PLAT FOR PRIEVE ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the Prieve Estates plat is located within the two-mile radius of the City. After discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the final plat. Motion unanimously carried. (i) CONSIDERATION OF REVIEW OF FINAL PLAT FOR PETERSON ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Peterson Estates plat is also located within the two-mile radius of the City. Following discussion, it was moved by Alderman Mlinar to approve the final plat. Motion seconded by Alderman Beatty and carried unanimously. COUNCIL MINUTES DECEMBER 29, 1982 (j) CONSIDERATION OF REVIEW OF FINAL PLAT OF PHASE I AND COVENANTS FOR LARRY BETHKE'S ROLLING GREENS, CONTINGENT UPON REVIEW OF COVENANTS BY CITY ATTORNEY AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Attorney Schaefer reported he had examined the covenants and rules and regulations pertaining to Rolling Greens. Everything was in proper order for the type of housing contemplated, and he recommended approval of the PUD. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7312 en- titled Resolution Giving Approval of Final Plat of Phase I, Rolling Greens (PUD). Motion carried unanimously. RECESS: The motion was made by Alderman Mlinar to recess for 10 minutes at 10:00 P.M. Motion seconded by Alderman Gruenhagen and unanimously approved. The meeting reconvened at 10:10 P.M. (k) CONSIDERATION OF REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT SUBMITTED BY HUTCH COMPUTER INDUSTRIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A Conditional Use Permit was granted to Hutch Computer Industries in July 1982. They are requesting an extension of the permit time limit. It was the recommendation of the Planning Commission to extend the Conditional Use Permit six months from the expiration date. After discussion, Alderman Gruenhagen moved to approve the extension for six months. Motion seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ACCOUNTANT City Accountant Merrill reported that he had been informed the local cable television station is going to be sold the first of the year, along with the Minnesota company of Mickelson Media. The City Council was requested to approve a Sludge Truck Rental Agreement between the City of Hutchinson and the City of Glencoe. It was moved by Alderman Gruenhagen, seconded by Alderman Mlinar, to ap- prove and enter into an agreement. Motion unanimously approved. (b) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen moved that the Mayor and City Accountant be authorized to negotiate a 30 -day extension on the three option contracts, with the COUNCIL MINUTES DECEMBER 29, 1982 exception of $75,000 for the Bretzke property, and to report back to the next City Council meeting. The motion was seconded by Alderman Mlinar and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Beatty, seconded by Alderman Mlinar, and carried with the Mayor abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 1:10 A.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and unanimously carried. -10-