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01-10-1984 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 10, 1984 1. The meeting was called to order by Mayor Stearns at 7:30 P.M., with the fol- lowing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Robert H. Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City At- torney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Manley Swarthout. 3. MINUTES The minutes of the bid opening of December 27, 1983 and regular meeting of December 27, 1983 were approved as presented upon motion by Alderman Carls, seconded by Alderman Torgerson and carried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLLS NO.178 - 185 1. ROLL NO. 178 - PROJECT 83-06 Mayor Stearns called the hearing to order at 8:00 P.M. The City Engineer presented a report on the public hearings being held for the different projects and the procedure followed. Publication No. 3190 was read by Mayor Stearns. It was reported by City Engineer Priebe that this was a state aid project for the improvement of Linden Avenue from Lynn Road to Main Street by the construction of grading, gravel base, bituminous surfacing and appurten- ances. The estimated cost of the project was $87,739.76. Alderman Mlinar moved to close the hearing at 8:07 P.M. Motion seconded by Alderman Carls and unanimously carried. 2. ROLL NO. 179 - PROJECT 84-02 Mayor Stearns read Publication No. 3191 for Assessment Roll No. 179. The Director of Engineering stated this project was also a state aid project, and the street was being widened to meet state aid standards. The proposed improvement would be on California Street from T.H. 7 to COUNCIL MINUTES JANUARY 10, 1984 School Road and School Road from California Street to County Road 12 by construction of grading, gravel base, curb and gutter, surfacing and ap- purtenances, at an estimated cost of $175,160.62. Alderman Torgerson moved to close the hearing for assessment roll No. 179 at 8:11 P.M. The motion was seconded by Alderman Mikulecky and carried unanimously. 3. ROLL NO. 180 - PROJECT 83-06 Publication No. 3192, for Assessment Roll No. 180, was read by Mayor Stearns. The City Engineer reported on the project for improvement of Grove Street from Fifth Avenue S.W. to T.H. 15; Brown Street from Division Avenue to T.H. 15; Glen Street from Fifth Avenue S.W. to Linden Avenue; Franklin Street from Fifth Avenue to T.H. 15; Division Avenue from Grove Street to Glen Street and Milwaukee Avenue and Miller Avenue from Lynn Road to Main Street by construction of grading, gravel base, surfacing and appurten- ances. The estimated cost of the project was $626,746.47. Mr. Glen Engebretson, 560 South Franklin Street, inquired what the assess- ment figures were based on. He also wondered if the road would be done over when the City had already put in gravel base and built it up. City Engineer Priebe responded that the assessment was based on the cost given by the low bidder of the project. He stated the road might have to be redone. Mr. Peter Hall, 635 South Glen Street, was curious why the street would be rebuilt. He stated he had more problems in the alley. He also wanted to know who made the decision concerning the project. City Engineer Priebe explained the improvement program was almost five years behind schedule. The curb and gutter was put in, but the street improvement was never finished. The project had been addressed in 1982 and 1983 by the City Council. The question was raised by Mr. Engebretson as to why the City was leaving out a section in the project. He inquired what was underneath Fourth Street. The City Engineer explained that the City was working on a long-range plan in doing the streets, and it wanted to be certain all underground work was completed before finishing the street surfacing. The area of Fourth Street may need a new sewer line. -2- COUNCIL MINUTES JANUARY 10, 1984 A representative from Grace Lutheran Church, 440 Fifth Avenue S.W., in- quired if the bid was $2.00 lower than the actual assessed cost. He won- dered why the final assessment was higher than the assessment received in June. At that time the church was charged for 198 feet, and the final notice indicated 231 feet. He also pointed out that the church had al- ready been assessed for improvements on Fifth Avenue. The Director of Engineering reported that 33 feet had been omitted from the original assessment. Mr. Floyd Mueller represented the property owners Harry and Harland Emans of 715 Brown Street. He stated it would be a hardship for them to pay assessments since they are elderly and live on social security. Mr. Greg DeWitte of 645 South Grove commented that he understood the assessment was for Grove Street. He wanted to know who would take care of Miller Street. It was not his wishes to be assessed for another street in a year or two. City Engineer Priebe informed him that the City would pay for the cost of Miller Street. The motion was made by Alderman Mlinar to close the hearing at 8:30 P.M. Motion seconded by Alderman Carls and approved unanimously. 4. ROLL NO. 181 - PROJECT 84-02, PART II Mayor Stearns read Publication No. 3193 for Assessment Roll No. 181. It was. reported by the Director of Engineering that the proposed assess- ment for the improvement of Hassan Street from river to Washington Avenue would be for construction of a trunk storm sewer outlet and appurtenances. The estimated cost of the project was $69,377.50. Alderman Carls made reference to the letter received from Al Kramer, owner of Coast to Coast. He pointed out that two of the assessments to which Mr. Kramer was opposed had been dropped and never assessed to the property owners. He instructed the City Administrator to write a letter to Mr. Kramer informing him of same. Mr. Tony Busche, 215 South Hassan, commented about being assessed for street repair and torn up streets during the summer months. City Engineer Priebe responded that the street maintenance project was not adopted. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to close the hearing on assessment roll No. 181 at 8:36 P.M. Motion unanimously carried. -3- COUNCIL MINUTES JANUARY 10, 1984 5. ROLL NO. 182 - PROJECT 83-02 Publication No. 3194 was read by Mayor Stearns. The City Engineer reviewed the three stage improvement of Oakwood Addi- tion by construction of grading, gravel base, curb and gutter and appur- tenances, at an estimated cost of $20,425. Alderman Torgerson moved to close the hearing at 8:38 P.M. Alderman Miku- lecky seconded the motion, and it carried unanimously. 6. ROLL NO. 183 - PROJECT 84-01, PART I Mayor Stearns read Publication No. 3195 for Assessment Roll No. 183. City Engineer Priebe reported on the improvement of Campbell Lane and Connecticut Street in McClure's Addition and Clark's Second Addition by the construction of grading, gravel base, surfacing and appurtenances. The estimated cost was $33,968.55. The motion was made by Alderman Torgerson, seconded by Alderman Carls, to close the hearing at 8:40 P.M. Motion approved unanimously. 7. ROLL NO. 184 - PROJECT 84-02, PART I Publication No. 3196 for Assessment Roll No. 184 was read by Mayor Stearns. A report was presented by the City Engineer on the improvement of Hilltop Drive in Kimberly's Country Estates by the construction of sanitary sewer, watermain, storm sewer and appurtenances. The estimated cost of the proj- ect was $42,024.01. It was moved by Alderman Mlinar to close the hearing at 8:41 P.M. Motion seconded by Alderman Mikulecky and unanimously carried. 8. ROLL NO. 185 - PROJECT 84-02, PART I Mayor Stearns read Publication No. 3197. The City Engineer stated four property owners were involved with the im- provement of Erie Street from First Avenue S.E. to Second Avenue S.E. by construction of sanitary sewer main and appurtenances. The estimated cost of the project was $9,481.25. Alderman Torgerson made the motion to close the hearing on roll No. 185 at 8:42 P.M. Alderman Mlinar seconded the motion, and it carried unanimously. The motion was made by Alderman Torgerson to approve assessment rolls No. 178-185. Alderman Mlinar seconded the motion, and it unanimously carried. -4- COUNCIL MINUTES JANUARY 10, 1984 (b) ASSESSMENT ROLL NO. 186 - PROJECT 83-10 Publication No. 3198 for Assessment Roll No. 186 was read by Mayor Stearns. It was reported by the City Engineer that project 83-10 was for construc- tion of a watermain in the alley to provide service for sprinkler systems for a portion of block 50, north half of the City. The estimated cost of $8,370 was based on summer construction. The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to close the hearing at 8:45 P.M. Motion approved unanimously. Alderman Carls made the motion to approve assessment roll No. 186 and to waive reading and adopt Resolution No. 7633 adopting assessment rolls No. 178-186. Alderman Mlinar seconded the motion, and it unanimously carried. (c) IMPROVEMENT PROJECT 84-04 Mayor Stearns read Publication No. 3189. City Engineer Priebe stated that Mike Liepke had requested sewer and water service to his property. Since the City had a project in the area, it would require extending the sewer from Hassan to the alley and installing service leads to the property. The estimated cost of the improvement on First Avenue N.E. from Hassan Street West to the alley for sanitary sewer main and sewer and water service leads and appurtenances was $3,910. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to close the hearing at 8:47 P.M. Motion approved unanimously. Alderman Mlinar made the motion to approve project 84-04 and to waive reading and adopt Resolution No. 7634. Alderman Torgerson seconded the motion, and it carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY GEORGE QUAST REGARDING AIRPORT ZONING Mr. George Quast stated he was a representative from Hassan Valley Town- ship on the Airport Zoning Board. He reported the Board had been meeting, for some time to review the proposed zoning ordinance and was ready to adopt the amended ordinance. The townships affected were in favor of the zoning ordinance, but they were concerned about how it would be im- plemented. Several individuals living within the airport zones had con- cerns regarding their homestead property. Since the Zoning Board had no -5- COUNCIL MINUTES JANUARY 10, 1984 authorization to make agreements with the property owners, it was sug- gested that the Alderman representing the Airport Commission and the Mayor contact these individuals and listen to their concerns. City Attorney Schaefer commented that the City would not need a fee title to any portion of zone A until such time as the City planned to expand the airport. If state and federal aid were used by the City for airport expansion, it would require fee title to at least the first 1,000 feet of zone A. The second 1,000 feet would need a clear zone easement, and the ownership would remain in the individual's name. (b) PETITION FOR OIL SEAL COAT ON LYNDALE AVENUE SOUTHWEST Mr. Lloyd Nadrehal presented a petition from the residents on Lyndale Ave- nue requesting an oil seal coat be put on their street. The request was referrred to the Engineering Department for proper handl- ing. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7625 - RESOLUTION FOR PURCHASE Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, and unanimously carried to waive reading and adopt Reso- lution No. 7625. (b) RESOLUTION NO. 7626 - RESOLUTION OF APPRECIATION - JAMES G. DEMEYER It was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7626. Motion seconded by Alderman Mikulecky and approved unanimously. (c) RESOLUTION NO. 7627 - RESOLUTION OF APPRECIATION - THEODORE BEATTY The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7627. Motion carried unanimously. (d) RESOLUTION NO. 7628 - RESOLUTION OF APPRECIATION - KENNETH GRUENHAGEN Alderman Carls moved to waive reading and adopt Resolution No. 7628. Mo- tion seconded by Alderman Mlinar and unanimously approved. (e) RESOLUTION NO. 7629 - ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION It was moved by Alderman Carls, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 7629. Motion unanimously carried. !011 COUNCIL MINUTES JANUARY 10, 1984 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - DECEMBER 1983 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED NOVEMBER 17, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY DICK AND JIM MCCLURE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCIES (DEFERRED DECEMBER 27, 1983) Mr. Jim McClure reviewed the background of his proposal for a senior citi- zen retirement center. He then introduced the architect of Northfield's senior center which is similar to McClure's proposed project, and Vern Hackerson, president of the center's homeowner association. Mr. Hackerson commented on the positive features of the Northfield center. He stated that the center's by-laws required the seller of a unit to go through the Board of Directors for approval. The need for a sidewalk was discussed. Also, discussion was given to the location of the garage and the entrance on to Keith Street. Following extensive discussion, Alderman Carls moved to grant preliminary approval to the PUD project, with the following contingencies: 1) there will be 45 units or less; 2) the City Council will proceed with the proper ordinance that there will be no parking on either side of South Grade Road to the west line of the PUD; 3) that the structure will have wood siding; 4) that the air conditioning and heating units on the rooftop will be fenced in and not be visually apparent from the roadway; 5) that the gar- ageswill be under one roof; 6) that one resident of each unit must be age 55 years or older and this stipulation will remain for a minimum of 30 years; 7) that all sales of units must be approved by the Owners Associa- tion; 8) that 1.5 parking spaces per dwelling unit will be required for the PUD; 9) that a sidewalk be installed along the PUD property at the developer's expense; and 10) that the Association include in its by-laws a stipulation that the residents of the PUD be voting members of the As- sociation rather than the unit owners. The motion was seconded by Alder- man Torgerson and approved unanimously. City Attorney Schaefer stated he would prepare a resolution of tentative approval of the PUD for adoption by the Council. -7- COUNCIL MINUTES JANUARY 10, 1984 (b) PRESENTATION BY CITY ADMINISTRATOR OF SURVEY FOR STREET MAINTENANCE (DEFERRED DECEMBER 13, 1983) City Administrator Plotz suggested his survey on street maintenance be discussed at a future Council workshop. Alderman Torgerson made the motion to defer the item to a Council work- shop. Alderman Carls seconded the motion, and it carried unanimously. (c) CONSIDERATION OF TRACT OF LAND SALE BY CROW RIVER COUNTRY CLUB (DEFERRED DECEMBER 27, 1983) It was the recommendation of the City Engineer that the water tower site not be utilized for access to private property. Future use of the site could be jeopardized by granting an easement. If the City would grant an easement, the cost of hookup to sanitary sewer and watermain should be determined as well as the method of payment. The service leads from the mains to the house would be the property owner's responsibility. City Attorney Schaefer stated there were other areas available for access to the tract of land, but Mr. Bill Helland was opposed to the proposed project. Kevin Froemming commented that he might be able to obtain an easement across Larry Bethke's property and would need an easement from the City to cut across a corner of the water tower lot. Following discussion, Alderman Mlinar moved to defer the matter to the next meeting for an actual site drawing of how much would be requested for an easement. Motion seconded by Alderman Carls and approved unani- mously. (d) CONSIDERATION OF ORDERING SPECIFICATIONS FOR DEMOLITION OF PLOWMAN BUILDING SITE City Engineer Priebe commented that since the Plowman building site had been vacated by the renter, the Council may want to consider demolition of the building for construction of a parking lot. After discussion, the motion was made by Alderman Mlinar to order the im- provement and preparation of plans and specifications for demolition of the old Plowman building and to waive reading and adopt Resolution No. 7630. Alderman Torgerson seconded the motion, and it unanimously carried. Maintenance Operations Director Neumann requested permission to salvage the empty building and to advertise for sale any surplus items. Alderman Mlinar amended his motion to include the above request. Alder- man Torgerson seconded the amendment, and it carried with Alderman Miku- lecky abstaining from voting. The motion carried, with Alderman Miku- lecky abstaining. im COUNCIL MINUTES JANUARY 10, 1984 (e) CONSIDERATION OF WATERMAIN IMPROVEMENT REPORT City Engineer Priebe stated his watermain improvement report was for in- formational purposes as a follow-up to the request for a sprinkler system. It would be included in the City's long-range plan for the next 10 years. Mayor Stearns suggested discussing this item at a future Council workshop. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST BY MILT BRINKMAN FOR VARIANCE OF BUSINESS AT 14 MAIN STREET SOUTH Mayor Stearns requested Vice -Mayor Carls to chair this particular item on the agenda. Mr. Milt Brinkman stated he had contacted the State Fire Marshal regarding his new business location at 14 Main Street South. He was told to request a variance from the City. The building was remodeled, and the area in question,would be used as an art gallery in the basement. The pipes for a sprinkler system were installed but the hookup was not available from the City at this point. In order to occupy the building and meet fire code requirements, Mr. Brinkman would need a variance. The Building Official commented that he could not issue a variance, but he could grant a temporary certificate of occupancy for a six-month period. Following discussion, Alderman Torgerson moved to grant a temporary occu- pancy for six months or until sprinklers are available. Motion seconded by Alderman Mikulecky and carried, with Mayor Stearns not voting. (b) CONSIDERATION OF REFUND ON UNUSED PORTION OF INTOXICATING LIQUOR LICENSE FOR SCALAWAGS City Administrator Plotz reported the refund covered the period of time that the new owner took over Scalawags and the business was taken back by the previous owner. After discussion, it was moved by Alderman,Torgerson, seconded by Alderman Mlinar, to approve and issue the refund. Motion unanimously carried. (c) CONSIDERATION OF GROUPING ROUTINE COUNCIL ITEMS FOR JOINT APPROVAL City Administrator Plotz presented a list of proposed routine items that could be adopted in one motion at a Council meeting and thus save on time. Alderman Mlinar stated that Resolutions of Appreciation should receive COUNCIL MINUTES JANUARY 10, 1984 proper recognition and not grouped with other items. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the list of grouped items, with the excep- tion of Resolutions of Appreciation. Motion approved unanimously. (d) CONSIDERATION OF APPROVAL OF 1984 CONFERENCES, SCHOOLS AND SEMINARS Following discussion, it was moved by Alderman Carls to approve the 1984 conferences, schools and seminars and to delete the City Administrator's in -town car allowance for discussion with the 1984 salary adjustment. Motion seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF LIPKE ADDITION, ASSESSMENT ROLL NO. 190, FOR DEFERRED ASSESSMENT City Engineer Priebe reported that assessment roll No. 190 had been com- pleted to activate the deferred assessments for Lipke Addition. It was his recommendation to schedule a public hearing on the assessment for Feb- ruary 14, 1984 at 8:00 P.M. It was moved by Alderman Carls to order the preparation of assessment roll No. 190 and to set a public hearing for February 14, 1984 at 8:00 P.M. and to waive readings and adopt Resolutions No. 7631 and No. 7632. Motion seconded by Alderman Mlinar and approved unanimously. (f) CONSIDERATION OF IMPROVING ONE BLOCK OF FRANKLIN STREET The Director of Engineering stated that Citizens Bank had requested im- provement of Franklin Street in the area of the bank's drive-in facili- ties. Storm sewer improvement will be considered in the future from south side of Washington Avenue North to the river. It was his recommendation that only the block of Franklin Street from Second Avenue S.W. to First Avenue S.W. be constructed prior to the proposed storm sewer improvement. The City Engineer and Finance Director will prepare a report on costs for 1984 improvement projects and present it to the Council. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated that dates needed to be established for holding City Council workshops. It was the consensus of the Council mem- bers to set a workshop for January 19, 1984 at 5:15 P.M. at City Hall. Mr. Plotz commented that salary adjustments are usually made the first of the year. The directors had met with their departmental employees, -10- COUNCIL MINUTES JANUARY 10, 1984 and they were ready to present a report at a Council workshop. The date of January 13, 1984, 5:15 P.M. at City Hall, was established for a City Council and directors workshop to discuss salary adjustments. In conjunction with the Scalawags liquor license refund issued earlier, it would be necessary for the former owner to reapply for an intoxicating liquor license. The City Council was asked to grant approval to said li- cense for Tom Dolder, dba Scalawags. Alderman Carls moved to approve and issue an intoxicating liquor license for Scalawags. The motion was seconded by Alderman Mlinar and approved unanimously. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls expressed concern regarding the intersection of South Grade Road and Highway 15 South. He asked if the intersection could be "signed" as hazardous or dangerous, and perhaps a flashing amber light could be erected. Maintenance Operations Director Neumann requested the speed limit be re- duced to 30 miles an hour going north from Centtry Avenue to the cemetery. The City Engineer stated that the State Highway Department would have to grant approval of these recommendations. After discussion, Alderman Carls moved to instruct the City Attorney to draft a resolution(s),to be delivered to the City Council for approval at their January 13, 1984 Council workshop,requesting the State Highway De- partment to "sign" the intersection of South Grade Road and Highway 15 South as hazardous or dangerous and to erect a flashing amber light at said intersection and to request a reduction of speed to 30 miles an hour for traffic going north on Highway 15 from Century Avenue to the cemetery. Motion seconded by Alderman Mlinar and carried unanimously. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired why the Downtown Development District Advisory Board issue was not on the Council agenda. City Administrator Plotz stated that the resolution establishing the Board tied in with the Downtown District No. 1 and 2. The City Attorney was in- vestigating the legal ramifications of the City eliminating the advisory board. This item would be on the next Council agenda. An inquiry was made by Mr. Mikulecky as to when the library project would begin. -11- COUNCIL MINUTES JANUARY 10, 1984 Alderman Mlinar reported the Library Board had met today, and they are making the necessary arrangements to hire an architect. Construction will be in the spring. The Board will be working with a consultant on the project, and they anticipate having proposals for approval at the next Council meeting. City Engineer Priebe commented that there would be one bond sale to -include improvement projects for 1984 and the library,project. Mr. Plotz stated the library project was one of the items to be discussed at the Council workshop. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz informed the Council that the Minnesota Depart- ment of Health had conducted a test of the quality of air within the Po- lice Department and City Hall and found it to be sub -standard. The City will have two years in which to comply with the citation to correct the ventilation and heating system within the building. It was pointed out that this could be a costly endeavor. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Mlinar, seconded by Alderman Carls, and carried, with Alderman Mikulecky abstaining from voting on the 1981 parking revenue bonds and the 1980 tax increment debt service only. 12. ADJOURNMENT The meeting adjourned at 10:45 P.M. upon motion by Alderman Mlinar, seconded by Alderman Carls and carried unanimously. -12-