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10-27-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 27, 1981 1. CALL TO ORDER Vice -Mayor Gruenhagen called the meeting to order at 7:30 P.M., with the follow- ing present: Aldermen Carls, Lueneburg, and Beatty, in addition to Vice -Mayor Gruenhagen. Also present: City Administrator Plotz and Assistant City Attorney Schaefer. Mayor Westlund arrived at 7:45 P.M., at which time the Chairmanship was turned over to him. 2. INVOCATION In the absence of a pastor, there was a time for silent prayer. 3. MINUTES The minutes of the Regular Meeting of October 13, 1981 were approved as read upon motion by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 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 (DEFERRED OCTOBER 13, 1981) Following discussion, the motion was made by Alderman Lueneburg to waive the second reading and adopt Ordinance No. 636 entitled Ordinance Amending Section 301:30, Subdivision 3 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Building Permits, Expiration. Seconded by Alderman Beatty, the motion carried unanimously. (b) ORDINANCE NO. 24/81 - ORDINANCE AMENDING SECTION 720 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED PARKING METERS After discussion, Alderman Carls moved to waive reading and adopt Ordinance No. 637 entitled Ordinance Amending Section 720 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Parking Meters. The motion was seconded by Alderman Beatty and unanimously carried. COUNCIL MINUTES OCTOBER 27, 1981 (c) ORDINANCE NO. 25/81 - ORDINANCE AMENDING SECTION 325:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED "SEWER CONNECTIONS REQUIRED" Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Lueneburg and carried unanimously, to waive reading and adopt Ordinance No. 638 entitled Ordinance Amending Section 325:00 of the 1974 Ordinance Code of the City of Hutchinson Entitled "Sewer C onnections Required." (d) ORDINANCE NO. 26/81 - ORDINANCE AMENDING SECTION 751:40, SUBDIVISION 5, OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" Mayor Westlund stated Ordinance No. 26/81 needed further consideration in- asmuch as there are some areas which need 15 -minute parking limits; ie. the post office, service organizations, and City Hall. However, if the Ordi- nance is not adopted tonight, this would mean it could not be enforced for another month. Assistant City Attorney Schaefer reported he could establish such time limits by adding additional language into the present Ordinance; however, he sug- gested adopting Ordinance No. 26/81 as presented and adopting a separate Resolution designating certain areas for limited parking. The motion was made by Alderman Gruenhagen to waive second reading and adopt Ordinance No. 639 entitled Ordinance Amending Section 751:40, Subdi- vision 5, of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Time Limit, Parking Zones." Seconded by Alderman Beatty, the motion unani- mously carried. Mayor Westlund instructed Alderman Beatty to work with the Parking Committee to determine areas for limited parking and to present a Resolution at the next Council meeting. (e) RESOLUTION NO. 6973 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Carls and carried unanimously to waive reading and adopt Resolution No. 6973 entitled Transferring $20,000 from Liquor Store to General Fund. (f) RESOLUTION NO. 6977 - RESOLUTION AUTHORIZING ADDITION TO SUBSTITUTION OF SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6977 entitled Resolution Authorizing Addition to Substitution of Securities to First State Federal Savings & Loan Association of Hutchinson, Minnesota. The motion was seconded by Alderman Lueneburg and unanimously carried. -2- COUNCIL MINUTES OCTOBER 27, 1981 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - SEPTEMBER 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF NURSING HOME BOARD DATED SEPTEMBER 24, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED SEPTEMBER 15, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF HOSPITAL BOARD DATED AUGUST 20, 1981 AND SEPTEMBER 15, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SANITARY SEWER AND WATER SERVICE FOR. OUR SAVIOR'S LUTHERAN CHURCH (DEFERRED OCTOBER 13, 1981) City Administrator Plotz reported this item had been deferred for a legal opinion from the City Attorney on the correct procedure to initiate the project. Assistant City Attorney Schaefer stated the City should bid out the project inasmuch as the cost was over $20,000. He further recommended that the peo- ple living outside the city limits and affected by the project, who will be assessed on a deferred basis, should be notified of the project and the public hearing. They should be informed of any assessments due on their property to be deferred until such time as their property is annexed into the City. Mr. Don Schumacher, representative from the Board of Trustees, stressed the need for the water and sewer service to Our Savior's Lutheran Church. Mr. John Mlinar, member of the church, also stated the need for the service and the problems of the past. They would like to have the project done as soon as possible. Discussion was given to funding of the project, procedure to be followed, and the length of time involved. -3- COUNCIL MINUTES OCTOBER 27, 1981 Alderman Beatty moved to set a public hearing for Project 82-01 on Novem- ber 10, 1981 at 8:00 P.M., and to order the City Engineer's Report. Sec- onded by Alderman Lueneburg, the motion unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to waive reading and adopt Resolution No. 6978 entitled Resolu- tion Ordering Preparation of Report On Improvement, Project 82-01. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and unani- mously carried, to waive reading and adopt Resolution No. 6980 entitled Reso- lution Receiving Report and Calling Hearing on Improvements, Project 82-01. (b) CONSIDERATION OF REQUEST FOR EXTENSION OF ROAD TO COUNTRY CLUB (DEFERRED OCTOBER 13, 1981) Mr. Joe Dansereau, Secretary -Treasurer of the Crow River Country Club, ap- peared before the Council regarding an extension of Colorado Street to the Country Club. He stated it was the understanding of the Club Board that some work would be done this fall on the roads in that area. If Colorado Street was extended to abut the Club property, they would use the road as a new entrance to the Club and abandon the old road. It was pointed out that School Road is being developed to a rough grade this year out to County Road 12. Discussion followed concerning assessments and the fact that Helland's Addition is not being developed at this time. Alderman Beatty made the motion to set a public hearing for Project 82-02 on November 10, 1981 at 8:00 P.M. and to order the City Engineer's Report. The motion was seconded by Alderman Gruenhagen and unanimously carried. The Mayor requested clarification on the City Engineer's Report. Alderman Beatty then moved to order a report for Colorado Street from Seventh Avenue Northwest to South property line of the Country Club (1,000 feet). Alder- man Gruenhagen seconded the motion. Aldermen Beatty and Gruenhagen voted aye, and Aldermen Carls and Lueneburg and the Chair voted nay. The motion died. The motion was made by Alderman Beatty to order the Engineer's Report for School Road from Seventh Avenue Northwest to Eighth Avenue Northwest, Eighth Avenue Northwest from School Road to Colorado Street, and Colorado Street from Eighth Avenue Northwest to South property line of Country Club (1,750 feet). Seconded by Alderman Carls, the motion unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Carls and carried unanimously, to waive reading and adopt Resolution No. 6979 entitled Reso- lution Ordering Preparation of Report on Improvement, Project 82-02. -4- M COUNCIL MINUTES OCTOBER 27, 1981 It was moved by Alderman Beatty, seconded by Alderman Carls, to waive read- ing and adopt Resolution No. 6981 entitled Resolution Receiving Report and Calling Hearing on Improvements, Project 82-02. Motion carried unanimously. (c) CONSIDERATION OF AWARDING BID FOR PHASE II ENERGY MANAGEMENT PROGRAM FOR HUTCHINSON COMMUNITY HOSPITAL (DEFERRED OCTOBER 16, 1981) On October 16, 1981 bids were received for energy conservation at the hos- pital. The actual cost to the hospital for this project will be 50% of the bid, or $16,112.50. The balance (50%) will come from matching federal energy monies. Alderman Gruenhagen made the motion to award the bid to R&E Nelson Plumbing and Heating in the amount of $35,225.00 for energy conservation measures at the Hutchinson Community Hospital. Seconded by Alderman Carls, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter mailed to all delinquent account holders was read by Mayor Westlund. He then inquired if anyone was present who wished to be heard regarding his/her account. No one responded. Alderman Lueneburg made the motion to accept the staff recommendation to discontinue service at 12:00 noon on November 2, 1981, unless otherwise noted, for the following accounts: Account No. 01-0110-2-00, 02-0215-0-00, 02-0280-1-00, 03-0340-2-00, 04-1015-1-00, 06-0280-1-00, 07-0135-1-00, 07- 0860-0-00, and 19-0390-0-00. Seconded by Alderman Gruenhagen, the motion carried unanimously. (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT BY: 1. JOHN MARVAN 2. HANSEN GRAVEL & FILL 3. JUUL CONTRACTING CO. Following discussion, it was moved by Alderman Lueneburg, seconded by Ald- erman Beatty and unanimously carried, to approve the snow removal applica- tions and issue permits to above-named. (c) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY WILLIAM C. LEUNG (GOLD COIN CHINESE RESTAURANT) After discussion, Alderman Beatty moved that with the recommendation of the Police Chief to approve the application and issue license to William C. Leung. The motion was seconded by Alderman Gruenhagen and unanimously carried. -5- r� COUNCIL MINUTES OCTOBER 27, 1981 (d) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY WILLIAM C. LEUNG FOR GOLD COIN CHINESE RESTAURANT Following discussion, the motion was made by Alderman Lueneburg to approve the application and issue a permit to William C. Leung for a Retail "On Sale" Non -Intoxicating Malt Liquor License. Seconded by Alderman Gruenhagen, the motion carried unanimously. (e) CONSIDERATION OF MAINTENANCE CONTRACT WITH MINNESOTA CASH REGISTER FOR LIQUOR STORE REGISTERS AND EQUIPMENT The guarantee on the recently installed electronic cash registers in the liquor store has now expired. It was recommended that a maintenance contract for the data terminal systems be entered into with Minnesota Cash Register. The contract would be for a one year period at a cost of $1,005.20 for serv- ice Monday through Saturday. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Beatty, to approve entering into a contract with Minnesota Cash Register.. Motion unanimously carried. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY PURE CULTURE PRODUCTS, INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A conditional use permit was requested by Pure Culture Products, Inc. to in- stall a product storage tank in a IC -1 zone. Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6974 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 for Installing A Product Stor- age Tank. Seconded by Alderman Gruenhagen, the motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Mr. John Miller requested to move a house from outside the city limits to 475 California Street, adjacent to the location of a house moved into the city about a year ago by Mr. Miller. It was reported the two parking lots would be made one, but the lot could not be surfaced by the deadline since the city is doing improvements in that area. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried, to waive reading and adopt Resolution No. 6975 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 for Moving A House Into City Limits, with the contingency that the exterior of the building and the landscaping be fully completed by June 1, 1982 and the surfacing of the parking lot be com- pleted by July 1, 1982. SZ COUNCIL MINUTES OCTOBER 27, 1981 (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CURTIS ERICKSON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Curtis Erickson made application for a conditional use permit to allow building cluster housing in a R-1 district. The Planning Commission defined the units as duplex, which was not permitted in R-1 district. Also, there was opposition from adjoining property owners. It was the recommendation of the Planning Commission to reject the request for a conditional use permit. Following discussion, the motion was made by Alderman Beatty to reject the conditional use permit for Curtis Erickson upon the recommendation of the Planning Commission. The motion was seconded by Alderman Carls and carried unanimously. (i) CONSIDERATION OF REQUEST BY STAFF TO REZONE ALL OF BLOCKS 19 AND 20 NORTH HALF CITY OF HUTCHINSON AND VACATED PROSPECT STREET LYING BETWEEN SAID BLOCKS 19 AND 20 FROM C-2 TO IC -1, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was recommended by City staff to rezone all of Blocks 19 and 20 North half City and vacated Prospect Street lying between said blocks 19 and 20 from C-2 to IC -1 to allow more flexibility. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 27/81 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map, and set the second reading for November 10, 1981. Seconded by Alderman Lueneburg, the motion unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CHARLES PEARSON (WOODWORKERS FOR JESUS, LTD.) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Mr'. Chuck Pearson submitted an application for a conditional use permit to allow a small wood manufacturing operation with a factory outlet store in a proposed IC -1 zone. It was pointed out the building has been vacant for a period of over six months. Following discussion, it was moved by Alderman Lueneburg, seconded by Ald- erman Gruenhagen, to waive reading and adopt Resolution No. 6976 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zon- ing Ordinance No. 464 for Wood Manufacturing Operation with Factory Outlet Store, with the contingencies that the City Council approve the IC -1 zoning and that the parking and surfacing of the parking lot meet the requirements of the Zoning Ordinance. The motion carried unanimously. -7- COUNCIL MINUTES OCTOBER 27, 1981 (k) CONSIDERATION OF SKETCH PLAN FOR SUBDIVISION PLAN, SECTIONS 2 AND 3, LYNN TOWNSHIP, OUTSIDE OF CITY LIMITS (BERTHA PRIEBE, ETAL.), WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION McLeod County submitted a sketch plan of Sections 2 and 3, Lynn Township, to the City for comments on the layout. There were four areas of concern discussed by the Planning Commission: 1) right-of-way from County Road 82; 2) area to remain mixed use and need for dust -proof surface on road; 3) ease- ments and land -locked land; and 4) no plan for remaining area for future land subdivision. Following discussion, Alderman Beatty moved to approve the recommendation of the Planning Commission. Seconded by Alderman Lueneburg, the motion car- ried unanimously. (1) CONSIDERATION OF SNOW REMOVAL AT BURNS MANOR, HUTCHINSON COMMUNITY HOSPITAL AND AIRPORT AND SNOW HAULING IN DOWNTOWN AREA It was recommended that the quotes received for snow removal at Burns Manor, the hospital and airport from Erickson and Templin for the 1981-82 season be approved as follow: Cat #966 Front End Loader with Operator. . . .$58.00/Hr. Cat 112 Motor Grader with Operator . . . . . . 45.00/Hr. It was further recommended to accept the quote from Gene Birk and Associates in the amount of $25.00 per hour for snow hauling by truck with operator in the downtown area. After discussion, it was moved by Alderman Lueneburg to approve the quotes from Erickson and Templin for snow removal at Burns Manor, Hutchinson Com- munity Hospital and the airport and from Gene Birk and Associates for snow hauling in the downtown area. Seconded by Alderman Gruenhagen, the motion unanimously carried. (m) CONSIDERATION OF SETTING SPECIAL MEETING DATE FOR COUNCIL CANVASS OF ELECTION Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to set November 5, 1981 at 6:30 A.M. for the special Coun- cil meeting date to canvass the election returns of the City general elec- tion held November 3, 1981. Motion carried unanimously. (n) CONSIDERATION OF CHANGE ORDERS FOR FIRE STATION Fire Chief Schlueter reported on the changes made on the fire station and stated there would be an additional $1,500.00 cost for the change orders. III.0 COUNCIL MINUTES OCTOBER 27, 1981 After discussion, the fire station. Tied unanimously. 10. MISCELLANEOUS Alderman Beatty moved to approve the change orders for The motion was seconded by Alderman Lueneb urg and car - (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Assistant City Attorney had researched the question of whether the City should return the bid bond of Advanced Con- tractors for Sidewalk Improvement Project 81-34. Assistant City Attorney Schaefer stated the purpose of a bid bond is for performance of the work done by the bidder and not to punish the bidder if there was an error in the bid. The bond shows the serious intent of the bidder, and it would cover payment to the City for any damages incurred. In the event a mistake was made by the bidder and noted by the City prior to the acceptance of the bid, the bidder is not required to forfeit the bid bond. In this case, the City did not suffer any damage and was only delayed in construction time. City Administrator Plotz further reported that the City Attorney had studied the issue raised regarding an addition to the present public library. Mr. Schaefer commented the issue had been raised whether the City could ex- pand the Public Library in Public Square since the use of Public Square property for a library is inconsistent with the purposes of a Public Square. The south half of the City was dedicated in 1859, but the plat was lost or destroyed. Therefore, in 1879 the Legislature passed a special act to auth- orize a substitute plat to be filed. On the plat are areas marked "park" and "public square." The City Attorney then made reference to a Minnesota State Supreme Court case of Allen vs. the Village of Savage, which had a similar situation. Since there is no specific dedicatory language, the dedication of the Public Square in Hutchinson is a common law dedication rather than a statutory ded- ication. The Library has been in use since 1903 without complaints by the dedicator or any successors in interest, and therefore, the dedicatory has waived all rights. The Library was built by the vote of the people and placed on the Public Square, and it is consistent with such purposes. City Administrator Plotz commented on several up -coming meetings scheduled within the next few days. (b) COMMUNICATIONS FROM ALDERMAN LUENEBURG Alderman Lueneburg stated he had a visit by a representative from RCM. The representative gave a favorable report on the treatment plant being used to COUNCIL MINUTES OCTOBER 27, 1981 its fullest capacity during this past year. (c) COMMUNICATIONS FROM JOHN MLINAR Mr. John Mlinar stated that since his appearance at the previous Council meeting the residents of Clifton Heights had received a letter from the City regarding sewer hookup. He then commented that the lateral storm sewer assessment was almost double the estimated cost and asked if any re- search had been done in this area. Mayor Westlund informed Mr. Mlinar that some policy changes were made dur- ing the past year as recorded in the March or April minutes. The City En- gineer would have a report for the next Council meeting. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, 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 9:20 P.M. upon motion by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried. -10-