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09-22-1981 CCMV MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 22, 1981 1. CALL TO ORDER c Mayor Westlund called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Carls, Lueneburg, and Gruenhagen, in addition to Mayor Westlund. Absent: Alderman Beatty. Also present: City Engineer Priebe, City Accountant Merrill, and Assistant City Attorney Schaefer. 2. INVOCATION The invocation was given by the Reverend Maynard Johnson of the Shalom Baptist Church. 3. MINUTES The minutes of the Regular Meeting of September 8, 1981 and Special Meeting of September 15, 1981 were approved as read upon motion by Alderman Lueneburg, sec- onded by Alderman Gruenhagen and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF 1982 BUDGET Mayor Westlund called to order at 8:00 P.M. the public hearing on the 1982 Budget and read Publication No. 2819. The Mayor then commented on the prep- aration of the budget and stated it must be adopted prior to October 10; therefore, it will be necessary to hold a special Council meeting for this purpose. Clarice Coston, Executive Director of the Chamber of Commerce, appeared be- fore the Council. She reported the Chamber has been working with the McLeod County Park Department and DNR to develop an inexpensive brochure on recre- ation facilities and amenities within the Hutchinson area and McLeod County. The brochure would be a compilation of the lakes in the area, showing what type of fishing, recreational and camping facilities and county parks are available. The new Lake Marion Campground would also be included. She further reported several different sources would be approached for fund- ing, with approximately $2,500.00 allocatted for 25,000 copies of a two-color brochure. The City was asked to consider a contribution of $400 - $600 to- ward this project. The motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg, to close the hearing at 8:20 P.M. The motion carried unanimously. 91W 4--e COUNCIL MINUTES SEPTEMBER 22, 1981 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR BRUCE ERICSON TO ATTEND OUTDOOR ATHLETIC RECREATIONAL FACILITIES INSTITUTE ON OCTOBER 5-6, 1981 This item was deleted from the Agenda at the request of Bruce Ericson. (b) CONSIDERATION OF REQUEST FOR STOP SIGN ON MONROE STREET AT THIRD AVENUE S.E. Police Chief O'Borsky requested a stop sign be placed on Monroe Street at the intersection of Third Avenue Southeast to avoid further accidents at this location. Following discussion, it was moved by Alderman Carls to waive the first reading of Ordinance No. 22/81 entitled Ordinance Amending Sec-tion-710:10-- of ection710:10of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Stop Streets" by Adding Subdivision No. 16 Thereto, Relative to "Traffic, Local Regula- tions" and set second reading for October 13, 1981. Alderman Lueneburg seconded the motion, and it unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 20/81 - ORDINANCE AMENDING SECTION 301:30, SUBDIVISION 3, OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED BUILDING PERMITS, EXPIRATION Mayor Westlund stated there had been problems in the past whereby a building permit had been issued and the construction work not completed within a rea- sonable amount of time. Alderman Carls addressed the issue that the Uniform State Building Code states 180 days for work to commence from issuance of building permit where- by the City says 120 days. Considerable discussion was given to this subject. Assistant City Attorney Schaefer reported the amendment to the Ordinance was a change in the wording for clarification of contents already there. The builder would have 120 days from the date of issuance of the building permit to start the project, and a one-year period to complete it. The motion was made by Alderman Lueneburg to waive the first reading of Or- dinance No. 20/81 entitled Ordinance Amending Section 301:30, Subdivision 3, of the 1974 Ordinance Code of the City of Hutchinson, Entitled Building Per- mits, Expiration, with the amended change from 120 days to 180 days, and set the second reading for October 13, 1981. The motion was seconded by Alder- man Gruenhagen and carried unanimously. (b) RESOLUTION NO. 6954 - RESOLUTION OF APPRECIATION - DOUGLAS HEDIN -2- (% COUNCIL MINUTES SEPTEMBER 22, 1981 After discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Carls, to waive reading and adopt Resolution No. 6954 entitled Resolution of Appreciation for Douglas Hedin. The motion carried unani- mously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - AUGUST 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED MARCH 10, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED AUGUST 18, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF TREE BOARD DATED AUGUST 19, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- aeived for filing. (e) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED AUGUST 4, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) 14INUTES OF PARK AND RECREATION BOARD DATED AUGUST 5, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR PROJECT NO. 81-34 (DEFERRED SEPTEMBER 14) City Engineer Priebe reported two errors had been discovered in the bids re- ceived for sidewalk Project 81-34 opened on September 14, 1981. Burress Con- struction had incorrectly added Sections A and B, which resulted in a reduc- tion of the total bid from $103,087.86 to $97,107.86. Also, Adcon, Inc., low bidder, had omitted the cost of concrete in the sidewalk portion in the amount of $22,432.60, which would have made the total bid $97,103.70 instead of $74,671.10. Mr. Priebe then explained what options the City had in regard -3- COUNCIL MINUTES SEPTEMBER 22, 1981 to the bids. He pointed out the specifications require 60 days before the contractor can withdraw his bid(s). Following extensive discussion, the motion was made by Alderman Lueneburg that with the legal counsel of the Assistant City Attorney, to award the bid for Project 81-34 to the low bidder, Adcon, Inc., in the amount of $74,671.10. The Chair seconded the motion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Westlund read a copy of the letter mailed to all delinquent account holders. He then inquired if anyone was present who wished to be heard re- garding his/her account. No one responded. Alderman Lueneburg moved to accept staff recommendation to discontinue serv- ice at 12:00 Noon on September 28, 1981, with two exceptions. Seconded by Alderman Gruenhagen, the motion unanimously carried for the following ac- counts: Account No. 03-1130-2-00, 03-1150-1-00, 04-0290-0-00, 04-1015-1-00, 04-1100-5-00, 12-0170-0-00, 12-0750-8-00, 12-1165-0-00, 15-0197-0-00, and 16-0535-7-00. (b) CONSIDERATION OF SETTING PUBLIC HEARING FOR PROPOSED $700,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (TRAVEL HOST MOTOR INN) Messrs. Glen Moen of Travel Host Motel and Bob Willette, investment broker from First Corporate Services and representative of Travel Host, appeared before the Council. Mr. Willette outlined the plans for the proposed 40 -unit Travel Host Motel in Hutchinson, which would be located adjacent to the Casa de Campa on Highway 7 West. The land would consist of 1.5 acres with park- ing space for 119 cars. The project would include the building, equipment, fixtures, blacktopping and landscaping. Approximately 12 full and part-time employees would be on the payroll. After discussion, Alderman Lueneburg moved to set a public hearing for Oc- tober 13, 1981 at 8:00 P.M. Seconded by Alderman Gruenhagen, the motion unanimously carried. It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6956 entitled Resolution Relating to A Project Under the Municipal Industrial Development Act; Calling for A Public Hearing Thereon. Motion carried unanimously. (c) CONSIDERATION OF ENTERING INTO CONTRACT WITH DNR FOR FEDERAL DUTCH ELM DISEASE DEMONSTRATION PROGRAM -4- COUNCIL MINUTES SEPTEMBER 22, 1981 City Forester Schnobrich reported the Department of Natural Resources had appropriated $12,500.00 to the City of Hutchinson for use in the Federal Dutch Elm Disease Demonstration Progra m, with the exception of planting new trees. This is the fourth year of the proposed five-year program. Following discussion, it was moved by Alderman Carls to authorize the Mayor and City Administrator to sign and enter into contract with the DNR. The motion was seconded by Alderman Gruenhagen and unanimously carried. (d) CONSIDERATION OF REQUEST BY DR. KUEHL TO REZONE PROPERTY FROM R-2 MULTIPLE FAMILY RESIDENCE TO C-4 FRINGE COMMERCIAL DISTRICT WITH FAVORABLE RECOMMEN- DATION OF PLANNING COMMISSION Dr. Kuehl appeared before the Council and requested to rezone his residence at 225 Shady Ridge Road from R-2 to C-4 to allow him to move his chiroprac- tor practice into his home. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Carls, to waive first reading of Ordinance No. 21/81 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 October 13, 1981. Motion carried unanimously. (e) CONSIDERATION OF REQUEST BY STEPHEN HOBBS AND JAMES PAULSEN TO REZONE PROPERTY FROM R-2 MULTIPLE FAMILY RESIDENCE TO C-4 FRINGE COMMERCIAL DISTRICT WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION A request was submitted by Stephen Hobbs and James Paulsen to rezone property on South Grade Road across from the Civic Arena from R-2 to C-4 to allow a bank to be constructed. Several neighboring property owners had voiced ob- jection to the rezoning at the Planning Commission meeting. Also, the Pla n- ning Commission had found the requested change in zoning was not compatible with the City's Comprehensive Plan. Therefore, it was recommended by the Planning Commission to deny the request. With the recommendation of the Planning Commission, it was moved by Alder- man Lueneburg to reject the request for rezoning. Seconded by Alderman Carls, the motion carried,,with Alderman Gruenhagen abstaining from voting. (f) CONSIDERATION OF FINAL PLAT FOR KIMBERLY'S COUNTRY ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reported the final plat for Kimberly's Country Estates had been submitted by the developer with the final roadways and park in place. It had been approved by the Planning Commission for final recording with the county. The issues of filing a covenant and the zero lot line were raised regarding this project. The City Engineer explained the developer has the option of -5- COUNCIL MINUTES SEPTEMBER 22, 1981 filing a covenant, and Mr. Larson does not plan to file one; however, it must be filed prior to the filing of the permit of occupancy. The first ownership does not necessitate the filing of the covenant. Mr. John Mlinar, 704 Hilltop Drive, commented that at the Planning Commission the question on the covenant had been referred to the City Attorney for a legal opinion. This is probably the first time this matter has been addressed and a zero lot line involved. He then inquired if the street utilities were indicated on the final plat. Mr. Jim DeMeyer pointed out the zO-ro lot line is something new to everyone and an area that should be dealt with carefully. It should be researched so that something is not incorporated into a sale arrangement after the fact. Mayor Westlund recommended turning the two points of the covenant and the zero lot line over to the City Attorney and City Administrator for further research. It was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg, to de- fer action until the next meeting. Motion carried unanimously. (g) CONSIDERATION OF PHASE II ENERGY MANAGEMENT PROGRAM FOR HUTCHINSON COMMUNITY HOSPITAL Alderman Gruenhagen reported the Hutchinson Community Hospital had received a federal grant for an energy management program. The Hospital would now like to bid the second phase of the program,which deals entirely with modi- fications to the major air handling units throughout the hospital. The es- timated cost would be $30,000.00, with $15,000.00 of that amount paid from the depreciation fund of the hospital and the remainder from the federal grant monies. The Hospital was requesting permission to advertise for bids on the second phase of the energy management program. After discussion, Alderman Gruenhagen moved to approve the request and authorize advertising for bids on the second phase of the energy management program. The motion was seconded by Alderman Carls and unanimously carried. (h) CONSIDERATION OF SPECIAL COUNCIL MEETING TO ADOPT 1982 BUDGET AND SET MILL LEVY Mayor Westlund stated it would be necessary to hold a special Council meet- ing to adopt the 1982 budget and set the mill levy. The Council would need to establish the date for said meeting. Following discussion, the motion was made by Alderman Carls to hold a special Council meeting on Friday, October 9, 1981 at 3:30 P.M. Seconded by Alder- man Gruenhagen, the motion carried unanimously. so COUNCIL MINUTES SEPTEMBER 22, 1981 (i) CONSIDERATION OF FINAL APPLICATIONS FOR TWO LAWCON GRANTS Parks & Recreation Director Ericson reported the City had preliminary ap- proval for two LAWCON grants, and the final applicatiors due on October 2, 1981 would require two resolutions,for McDonald's Park Phase II and West River Park Phase IV. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried, to waive reading and adopt Resolution No. 6957 entitled Resolution of Applicant Authorizing Filing of Application and Execution of Grant Project Agreements to Develop Open Space Under the Provision of the Federal Land and Water Conservation Fund Act and the State Natural Resource Fund. It was moved by Alderman Lueneburg to waive reading and adopt Resolution No. 6958 entitled Resolution of Applicant Authorizing Filing of Application and Execution of Grant Project Agreements to Acquire Open Space Under the Pro- vision of the Federal Land and Water Conservation Fund Act and the State Na- tural Resource Fund. Seconded by Alderman Gruenhagen, the motion carried unanimously. (j) CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATION The City has received state aid for airport maintenance and operation in previous years. The new agreement, effective through June 30, 1983, would provide reimbursement to the municipality for 2/3 of the direct, actual main- tenance and operation costs not reimbursed by any other source, not to ex- ceed $4,500.00 of state aid for each fiscal year. Following discussion, the motion was made by Alderman Lueneburg to enter in- to agreement and waive reading and adopt Resolution No. 6959 entitled Reso- lution for State Aid for Maintenance and Operation. The motion was seconded by Alderman Carls and unanimously carried. (k) CONSIDERATION OF ELMWOOD UTILIZATION PROJECT City Forester Schnobrich reported on the elmwood utilization project and recommended that, in cooperation with the McLeod County Parks, the City im- plement a wood utilization program consisting of purchasing and applying the insecticide Dursban 2E to potential elm firewood. After the wood is treated, it would be available to the public for purchase under a cost/per- mit system. Each permit issued would be subject to an expiration date and the use of the chemical insectitice Dursban would be restricted to use by municipal and county personnel. The question was raised if private citizens could bring elm firewood to be sprayed which would enable it to be brought into and stored within the City -7- a COUNCIL MINUTES SEPTEMBER 22, 1981 limits. The Assistant City Attorney responded that it had been their inten- tions this would apply only to trees and wood cut by the City. They hadn't considered private property owners having trees and wood sprayed, but it could be an option. It was pointed out that an amendment to Ordinance No. 578, Section 1021, would allow elmwood with bark intact to be stored within the City limits if properly treated and the individual had a permit to do so. The City would have to establish a permit system for this program. Following discussion, the motion was made by Alderman Carls to waive the first reading of Ordinance No. 23/81 and set the second reading for October 13, 1981. The motion was seconded by Alderman Lueneburg and unanimously car- ried. (1) CONSIDERATION OF STORM SEWER LINE REPAIR ON T.H. 7 AND 22 City Engineer Priebe reported the storm sewer line crossing T.H. 7 and 22 west of the junction of Main Street is in need of repair. In checking the manhole, it was found the pipe had collapsed and there were -cracks�­iAnzthe visible lines. The line in question is part of the McLeod County Ditch No. 31; therefore, the County Commissioner Wendorff was informed of the problem with the line. It needs to be resolved who will be responsible for the re- pair. Mayor Westlund suggested the City wait for a response from the County Com- missioners before making a decision on the matter. (m) CONSIDERATION OF DOWNTOWN PARKING METERS AND RULES AND REGULATIONS FOR DOWNTOWN PARKING DISTRICT Assistant City Attorney Schaefer commented on the downtown parking meters and stated he had established a downtown parking district within Section 720:00 of the Ordinance Book. He stated that basically the same rules and regulations would apply without the parking meters. The fine for parking longer than the limited time of two hours between 9:00 A.M. and 5:00 P.M., except on Sunday, will be $3.00 if paid within three days and $5.00 fee if not paid within five days. He pointed out the parking time limit was not stated in the ordinance inasmuch as it should be by resolution to make it easier to amend. The Chief of Police would determine the method of enforce- ment. Chief O'Borsky stated he had a few questions regarding the ordinance, but they could be resolved with the City Attorney prior to the first reading of Ordinance No. 24/81. M COUNCIL MINUTES SEPTEMBER 22, 1981 Mayor Westlund commented on the term of "downtown Parking district" and stated there already was such a district. Therefore, another name should be used. The City Attorney stated he would call it the "off-street park- ing district." The Mayor remarked that in order to put into effect the parking without meters on October 1, the ordinance would need a first reading at this meet- ing and a second reading prior to October 15. Without the first reading on this date, there would be a month of "grace" period. Chief O'Borsky stated the Police Department would write complimentary tickets to those violating tSd'two-hour parking time until the ordinance became effective. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen, to defer action for further study. The motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ACCOUNTANT City Accountant Merrill reported the filings for Mayor and two Aldermen opened today and candidates can file until 5:00 P.M. on October 13, 1981. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund commented on several up -coming meetings. (c) COMMUNICATIONS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Schaefer reported that at the next Council meeting he will have a legal opinion regarding the Orville and Edna Lund assessment. (d) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported on changes in Project 81-32 and stated they go beyond the limits of the original public hearing. The contractor was contacted regarding canceling the project for 1981 construction, and the contracting company had no objection. New specifications will be prepared and the bid let early next year, with completion in 1982. Another hearing will also be held on Project 81-32, with the revised plans. Since the project has already been funded, it would not be included with the 1982 projects. After discussion, it was moved by Alderman Gruenhagen to drop Project 81-32 from the 1981 projects, and to waive reading and adopt Resolution No. 6960 entitled Resolution Withdrawing Project No. 81-32 from 1981 Projects, con- tingent upon written release from the contractor of the City from all obli- gations. Seconded by Alderman Carls, the motion unanimously carried. MGM F2 COUNCIL MINUTES SEPTEMBER 22, 1981 It was moved by Alderman Lueneburg, seconded by Alderman Carls, to withdraw Project 81-32 from the Assessment Roll and to waive reading and adopt Reso- lution No. 6961 entitled Resolution Withdrawing Project No. 81-32 from Assess- ment and Rescinding Assessment Roll No. 110. Motion carried unanimously. The City Engineer reported on a telephone call from the Minnesota Depart- ment of Transportation regarding state approval of the City's request for a seasonal and temporary 10 -ton route on Michigan Street between Highway 7 and Arch Street, and Arch Street between Michigan Street and the Farmers Elevator. He stated this designation will allow the route to be used by trucks with loads up to 34,000 pounds and total gross weights of 80,000 pounds. (e) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann reported the State Highway Department had requested the City issue no parking on Main Street South from Fifth Avenue to Franklin Street between the hours of 2:00 A.M. to 6:00 A.M. from November 1 to May 1 for the purpose of snow removal. City Attorney Schaefer stated he would prepare the appropriate Ordinance for first reading at the next Council meeting. (f) COMMUNICATIONS FROM JOHN MLINAR John Mlinar questioned whether it was necessary for storm sewer hook-up in the Clifton Heights area at this time if the present system works. A delay of hook-up would help offset some of the other assessment costs to the resi- dents. City Engineer Priebe stated the City Ordinance requires connection to the City storm sewer if the line is available, but it does not state a definite time frame. He further stated the residents had been informed they could hire anyone to do the work of connecting the City line to the house. Mayor Westlund commented that the Council would make the decision on the reasonable amount of time for Clifton Heights to be connected to the sewer line, and a decision would be forthcoming within the next few weeks. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Carls, seconded by Alderman Lueneburg 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 9:55 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Lueneburg and unanimously carried. -10-