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08-23-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 23, 1983 1. The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the fol- lowing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, City Attor- ney James Schaefer, and City Accountant Kenneth B. Merrill (arrived later in meeting). 2. INVOCATION The invocation was given by the Reverend James P. Lauer. 3. MINUTES The minutes of the bid opening of August 9, 1983 and regular meeting of Aug- ust 9, 1983 were approved as presented upon motion by Alderman Carls, seconded by Alderman Mlinar and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF INTEREST IN MINNESOTA MAIN STREET INFORMATIONAL WORKSHOP City Administrator Plotz reported on an informational workshop to be held August 24, 1983. He inquired if the Council had any interest for him to attend the workshop. The motion was made by Alderman Beatty, seconded by Alderman Carls, to allow the City Administrator to attend the workshop. Motion approved unanimously. (b) CONSIDERATION OF REQUEST BY CHAMBER OF COMMERCE TO USE CITY TRUCK FOR ANNUAL FALL CLEAN-UP ON SEPTEMBER 24, 1983 The Chamber of Commerce requested the use of a City truck to haul litter collected during the annual fall clean-up on September 24, 1983. Following discussion, Alderman Gruenhagen moved to approve the request. Motion seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES ON AUGUST 27-28, 1983 Wj COUNCIL MINUTES AUGUST 23, 1983 After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve and issue the license. Motion unanimously approved. (d) PRESENTATION BY CITIZENS BANK OF PROPOSED BEAUTIFICATION ON FIRST AVENUE SOUTHWEST Mr. Irvin Burich, President of Citizens Bank & Trust Co., presented a proposed drawing of the long-range plan for the former Old Armory property and motor bank on Franklin Street. He stated the Bank requested permis- sion to install a sidewalk similar to that at 101 Park Place, and the Bank would pay the difference in cost. Alderman Mlinar moved to approve the plan, contingent on additional costs over and above assessment be paid by the Bank. Motion seconded by Alder- man Beatty and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/83 - AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES AND OTHER VEHICLES ON CERTAIN STREETS OF THE CITY OF HUTCHINSON, MINNESOTA AND PROVIDING PENALTY FOR VIOLATION THEREOF Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Gruenhagen, to waive second reading and adopt Ordinance No. 671. Mo- tion approved unanimously. (b) ORDINANCE NO. 17/83 - AN ORDINANCE PERTAINING TO UNLAWFUL DISPLAY TO MINORS OF INDECENT PUBLICATIONS, PICTURES OR ARTICLES After discussion, Alderman Carls moved to waive second reading and adopt Ordinance No. 672. The motion was seconded by Alderman Gruenhagen and unanimously carried. (c) RESOLUTION NO. 7475 - RESOLUTION OF APPRECIATION FOR DR. D. S. CHERNAUSEK Mayor DeMeyer read Resolution No. 7475. The motion was made by Alderman Gruenhagen to adopt Resolution No. 7475. Motion seconded by Alderman Mlinar and unanimously approved. (d) RESOLUTION NO. 7485 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO CITIZENS BANK & TRUST CO. OF HUTCHINSON, MINNESOTA It was moved by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolution No. 7485. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JULY 1983 -2- COUNCIL MINUTES AUGUST 23, 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED JULY 19, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF TRANSPORTATION BOARD DATED MARCH 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a)' CONSIDERATION OF NO PARKING ON SERVICE ROAD IN HIGHLAND PARK AREA (DEFERRED AUGUST 9, 1983) The City Engineer requested this item be deferred. It was moved by Alderman Carls, seconded by Alderman Mlinar, to defer this matter. Motion approved unanimously. (b) CONSIDERATION OF GARAGE PORTION OF BRETZKE PROPERTY City Administrator Plotz reported that appraiser Gerald McKinzie had done an analysis of the Bretzke property and had estimated the value of the raw land under the attached garage at $9,200. It would cost approximately $15,250 to remove the existing garage and put in a paved parking lot. The Co -Partnership of 45 Library Square had offered to purchase the garage por- tion of property for $9,120, with the intention of deeding it back to the City after a one-year period. Following discussion, Alderman Mlinar moved to enter into negotiations of this property with the owners of the 45 Library Square, Co -Partnership. Motion seconded by Alderman Beatty. During discussion, it was the consen- sus of the Council that the City negotiate with the potential purchasers that they would be responsible for demolition of the garage, repairs to the main building, and construction of a surfaced parking lot prior to deeding it to the City. The motion carried with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (c) CONSIDERATION OF OPTION OF ESTABLISHING TRUCK ROUTES OR SETTING LOAD LIMITS City Engineer Priebe stated the Council had a choice of going through the State for approval of truck routes within the City limits or the Council setting local load limits on City streets. Signing for load li mits would require a cost of $4,240 for additional signs. Since the City has no -3- COUNCIL MINUTES AUGUST 23, 1983 established truck routes, the weighing for load limits would be done at the elevator scale. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to petition the State for truck routes in the City of Hutchinson. Motion unanimously approved. (d) CONSIDERATION OF REQUEST FROM CLYDE GREGOR FOR CITY TO PAY COST OF DAMAGES RESULTING FROM SEWER BACK-UP (DEFERRED AUGUST 9, 1983) Mr. Clyde Gregor requested reimbursement from the City to cover damages resulting from a sewer back-up in April, 1983. City Attorney Schaefer commented the insurance company had denied coverage for the claim. He further stated the City was not liable for a problem with the sewer un- less it had done something to deliberately create the problem. Alderman Gruenhagen made the motion that the request be denied. Motion seconded by Alderman Beatty and carried, with the Chair abstaining from voting. (e) CONSIDERATION OF REFUND TO ANTHONY MACHTEMES FOR ANNEXATION FEE OVER -CHARGE City Engineer Priebe reported that the Anthony Machtemes property was under an Orderly Annexation Agreement and, therefore, should have been charged accordingly. It was recommended that the City refund the fee over -charge in the amount of $120. The motion was made by Alderman Mlinar, seconded by Alderman Beatty, to refund the over -charge. Motion approved unanimously. (f) REVIEW OF REQUESTS FOR HUTCHMOBILE USEAGE (REQUESTED BY MAYOR DEMEYER) Mayor DeMeyer commented that he had received a telephone call from Leslie Linder regarding the availability of his bus service to provide the school with transportation. It was reported the School District had decided not to use the Hutchmobile. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. Upon motion by Alderman Carls, seconded by Alderman Beatty, it was moved to authorize discontinuation of service on August 29, 1983 at 12:00 noon, unless otherwise stated. Motion unanimously carried. (b) CONSIDERATION OF REQUEST TO REMOVE SIDEWALK ON IVY LANE -4- COUNCIL MINUTES AUGUST 23, 1983 The City Engineer reported that seven out of eight properties had side- walk, which was in poor condition. It was his understanding that the property owners wanted the sidewalk repaired, and it was to be included in the 1984 projects. Following discussion, Alderman Carls moved to replace the sidewalk on Ivy Lane in the 1984 projects. Motion seconded by Alderman Beatty and carried unanimously. (c) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL ON SEPTEMBER 18, 1983 After discussion, it was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to approve the application and issue the license. Motion approved unanimously. (d) CONSIDERATION OF BUILDING REMOVAL AT MASONIC TEMPLE SITE The City of Hutchinson will obtain ownership of the Masonic Temple site as part of the parking program on October 15, 1983. City Engineer Priebe reported that specifications have been completed for demolition of the building, and it was his recommendation to call for bids on September 12, 1983 at 2:00 P.M. Following discussion, the motion was made by Alderman Gruenhagen to approve and advertise for bids as recommended. Motion seconded by Alderman Mlinar. During discussion Alderman Beatty suggested that the building be moved for possible use by the Historical Society, and he amended the motion to in addition obtain bids for moving said structure as well as demolishing it. Amended motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen,-Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. Motion carried. Alderman Mlinar moved to waive reading and adopt amended Resolution No. 7478. Motion seconded by Alderman Gruenhagen and carried, with the Chair abstaining from voting. (e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS ON PROJECT 83-02 It was the recommendation of the City Engineer to advertise for bids on Project 83-02 (Oakwood Addn.) for September 12, 1983 at 2:00 P.M. After discussion, Alderman Beatty moved to approve advertising for bids and to waive reading and adopt Resolution No. 7481. Motion seconded by Alderman Gruenhagen and unanimously approved. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR PROJECT 83-01-19 -5- COUNCIL MINUTES AUGUST 23, 1983 City Engineer Priebe reported that Assessment Roll No. 171 had been com- pleted. He, therefore, recommended setting a public hearing for Septem- ber 27, 1983 at 8:00 P.M. for Project 83-01-19 (sidewalk project). Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Gruenhagen, to waive readings and adopt Resolutions No. 7479 and No. 7480. Motion unanimously carried. (g) CONSIDERATION OF ENGINEER'S REPORT ON PROJECT 84-01 AND SETTING HEARING FOR STREET IMPROVEMENT On June 27, 1983 the City received a petition from property owners for street improvement.on Hilltop Lane, Connecticut Street and Campbell Lane. It was the recommendation of the City Engineer to accept the engineer's report and set a public hearing for Project No. 84-01 on September 13, 1983 at 8:00 P.M. After discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to accept the petition and waive reading and adopt Resolution No. 7476. Motion approved unanimously. The motion was made by Alderman Beatty to waive reading and adopt Resolu- tion No. 7477. Motion seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF 1984 PUBLIC IMPROVEMENTS The City Engineer presented a time schedule for the 1984 public improve- ments and suggested presenting a report at the September 13, 1983 Council meeting. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to order an engineer's report for the September 13, 1983 Council meeting. Motion unani- mously approved. (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY HUTCH ABC MONTESORRI SCHOOL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Hutch ABC Montesorri School requested a conditional use permit to al- low the operation of a Day Care Center,from 11:30 A.M. to 5:00 P.M. It was the recommendation of the Planning Commission to approve the permit, subject to the applicant complying with the fire and building codes for a day care operation. Following discussion, Alderman Carls made the motion to approve and waive reading and adopt Resolution No. 7482. Motion seconded by Alderman Beatty and unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY QUENTIN LARSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION COUNCIL MINUTES AUGUST 23, 1983 Mr. Quentin Larson applied for a conditional use permit to allow construc- tion of an addition to an existing non -conforming structure at 570 Glen Street. The Planning Commission recommended granting the request. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to approve the permit and waive reading and adopt Resolution No. 7483. Motion approved unanimously. (k) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY GOEBEL FIXTURES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Goebel Fixtures requested a variance to construct an enclosed loading dock on the south side of the building. Mr. Earl Haarstad, 936 Thomas Avenue, questioned the loading dock coming out to the sidewalk with semis driving in and out. He stated there are a number of children in the area, and he was concerned about their safety. He also wondered about visibility during the winter months when snow was piled up. Joan Schimml, 986 Thomas Avenue, stated her main concern was that the Coun- cil look at the overall picture and the company's future plans. She pointed out that Goebels already had three entrances coming off three dif- ferent streets, and now they are proposing another addition. The company is becoming landlocked in its present location. Another concern was truck traffic and the noise of trucks at late hours. She also mentioned the aesthetic view of the area when some of the existing lilac bushes are re- moved. Carolyn Pohlen appeared before the Council on behalf of the St. Anastasia Church. The church was concerned about the children's safety with the truck traffic going into Goebels, and the only sidewalk for the children to use runs alongside their building. It was the consensus of the Council that City staff and Goebel represen- tatives meet to discuss the future plans and goals of the company and to consider a possible new location where the company could expand. Alderman Beatty moved to approve granting the variance as requested and upholding the Planning Commission's findings and that Goebel Fixtures would be responsible to remove snow from the sidewalk in front of their building and to put in greenery along the structure. Motion seconded by Alderman Gruenhagen. Alderman Carls moved to amend the motion to stipu- late the variance be granted with a three foot setback from the sidewalk on the east and west side of the building. The motion died for lack of a second. The original motion unanimously carried. Alderman Beatty moved to waive reading and adopt Resolution No. 7484. Alderman Mlinar seconded the motion, and it was approved unanimously. -7- COUNCIL MINUTES AUGUST 23, 1983 (1) CONSIDERATION OF OFF-STREET PARKING AT PLOWMAN SITE City Engineer Priebe commented on the off-street parking at the Plowman site. It was his recommendation to issue a 90-,&y notice to the renters in the building that their lease would expire on November 30, 1983. Also, the Council would need to establish a date for demolition of the building so that bid specifications could be prepared. In order to include bitum- inous surfacing of the parking lot in the 1984 improvement projects, he would need authorization to proceed with plans and specifications for said project. Following discussion, it was moved by Alderman Beatty to direct the City Administrator to provide 90 -day notice of expiration of leases to renters at the Plowman site. Motion seconded by Alderman Gruenhagen and carried, with the Chair abstaining from voting. Alderman Beatty moved to advertise for bids for the demolition of the Plowman building, with said demolition to be on December 5, 1983. Alder- man Mlinar seconded the motion, and it carried, with the Chair abstaining from voting. The motion was made by Alderman Beatty, seconded by Alderman Carls, to order plans and specifications for bituminous surfacing for the Plowman site for 1984. The motion carried, with the Chair abstaining from voting. (m) CONSIDERATION OF WATER RUN-OFF PROBLEM Mr. Harley Albers of 405 Shady Ridge Road presented to the Council a run- off problem that had developed subsequent to the construction of a building and the landscaping on the adjoining property. Water collects on the back corner of Albers' lot due to the way the abutting lot waselevated. Bldg. Official Pittman stated he had viewed the property in question and had suggested a change in the run-off. After discussion, it was moved by Alderman Beatty to direct the City En- gineer and Building Official to bring this agenda item back to the next City Council meeting. Motion seconded by Alderman Gruenhagen and approved unanimously. (n) CONSIDERATION OF PROPOSED SAFETY WALK FOR SENIOR CITIZENS Dolores Brunner stated she was concerned for the safety of senior citi- zens who cut through the City parking lot in back of Park Towers. It was her recommendation to convert the strip of City land running along the parking lot into a sidewalk. Following discussion, Alderman Carls made the motion to direct the City Engineer to prepare plans for a sidewalk to alleviate the dangerous situa- tion. Motion seconded by Alderman Beatty and unanimously carried. IF -111 COUNCIL MINUTES AUGUST 23, 1983 RECESS: The motion was made by Alderman Carls, seconded by Alderman Mlinar, to adjourn for recess at 9:45 P.M. for a five minute period. Motion approved unanimously. (o) CONSIDERATION OF APPOINTMENT OF PHYLLIS HEGRENES TO HRA BOARD It was moved by Alderman Carls to ratify the appointment of Phyllis Heg- renes to the HRA Board for a five-year term. Motion seconded by Alderman Gruenhagen and carried unanimously. x 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz referred to the September.26 date for the main- tenance assessment hearing and requested to hold the hearing at a later date. Several alternative dates in October were then suggested. After discussion, Alderman Beatty moved to set the public hearing on main- tenance assessment for October 17, 1983. Alderman Gruenhagen seconded the motion, and it unanimously carried. Inquiries have been received regarding the filing dates for offices of Mayor and Alderman. The filing will open on September 27 at 9:00 A.M. and close on October 11, with the election on November 8. Mention was made that the Council meeting time would be changed to 8:00 P.M. on the date of the election. City Administrator Plotz presented three 1981 projects (Assessment Rolls No. 153, No. 154 and No. 157) and one 1982 project (Assessment Roll No. 156). which require assessment hearings prior to being certified this year. Mr. Plotz explained that Assessment Roll No. 153 (Project 81-34) was for the 1981 sidewalk project in the Downtown Parking District. The motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7486. Motion unanimously approved. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 7490. Motion seconded by Alderman Carls and carried unanimously, setting a public hearing for September 27, 1983 at 8:00 P.M. Assessment Roll No. 154 included miscellaneous 1981 construction for im- provement of Rolling Oaks Fourth Addition and Madson Addition. Alderman Beatty moved to waive reading and adopt Resolution No. 7487. Mo- tion seconded by Alderman Gruenhagen and approved unanimously. COUNCIL MINUTES AUGUST 23, 1983 Upon motion by Alderman Carls, seconded by Alderman Mlinar, it was moved to waive reading and adopt Resolution No. 7491, setting a public hearing for September 27, 1983 at 8:00 P.M. Motion unanimously carried.. Assessment Roll No. 156 (Project 82-42) pertained to the 1982 sidewalk con- struction in the Downtown Parking District. Motion made by Alderman Beatty, seconded by Alderman Carls, to waive read- ing and adopt Resolution No. 7489. The motion approved unanimously. Alderman Carls, seconded by Alderman Gruenhagen, moved to waive reading and adopt Resolution No. 7493, setting a public hearing for September 27, 1983 at 8:00 P.M. Motion carried unanimously. Assessment Roll No. 157 (Project 81-03) included the improvement on Hassan Street for a 1981 watermain project. Alderman Beatty moved to waive reading and adopt Resolution No. 7488. Mo- tion seconded by Alderman Mlinar and unanimously approved. The motion was made by Alderman Carls, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7492, setting a public hearing for September 27, 1983 at 8:00 P.M. The Council was reminded of the City Appreciation Picnic to be held the following night. r ' (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported he had been requested to represent the State of Minnesota in a civil lawsuit concerning a vehicle in violation of road weight limits. He requested permission from the Council to pro- ceed in the civil action and stated the City of Hutchinson would receive one-third of the civil fines collected for its general budget. Alderman Beatty moved to approve the City Attorney to prosecute this par- ticular matter and to thereby share in any of the proceeds collected. Mo- tion seconded by Alderman Gruenhagen and carried, with the Chair abstain- ing from voting. (c) COMMUNICATIONS FROM CITY ACCOUNTANT City Accountant Kenneth B. Merrill inquired about establishing meeting dates at which time the Council could review the 1984 budget. After Sep- tember 7, 1983, all the boards and commissions would have completed their budget reviews. It was the consensus of the Council to set a 1984 budget review meeting for September 12, 1983 at 7:00 P.M. in City Hall. -10- COUNCIL MINUTES AUGUST 23, 1983 (d) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Ralph Neumann reported two vehicles would be replaced within the 1983 budget, namely those of the City Engineer and Investigation Officer. He requested Council authorization to prepare specifications to advertise for two new mid-size cars. Alderman Beatty moved to approve preparing specifications and advertising for bids,in lieu of the requirement. Motion seconded by Alderman Mlinar. During discussion Alderman Carls amended the motion to advertise for bids on a 6 -cylinder car and 4 -cylinder car. Amended motion seconded by Alder- man Beatty, and the amended motion unanimously carried. The motion approved unanimously. (e) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe presented a report on the unencumbered fund balance with MN/DOT. Attention was called to the minutes in the Council packet from the Central Prairie Railway Association. It was pointed out that in order to cover the expenses of the organization, governmental units were requested to contribute $500 toward their support. Alderman Beatty moved to approve granting payment of $500 to support the Association in its efforts to preserve the railroad in Hutchinson. Motion seconded by Alderman Gruenhagen and unanimously carried. (f) COMMUNICATIONS FROM ALERMAN MLINAR Alderman Mlinar pointed out that October 15 is the deadline for the library grant application. He, therefore, requested the City staff to proceed with preparing the grant application. It was moved by Alderman Mlinar to authorize application for said library grant. Motion seconded by Alderman Carls and unanimously approved. City Administrator Plotz stated that in order for the library addition to be a referendum question on the November ballot, it would be necessary for this item to be on the September 13, 1983 City Council agenda. (g) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty reported that the Chairman of the School District desired to meet with the City Administrator and/or staff to discuss a possible school referendum for this fall. -11- ` COUNCIL MINUTES AUGUST 23, 1983 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Beatty, seconded by Alderman Mlinar, and approved unanimously. 12. ADJOURNMENT The meeting adjourned at 11:00 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar, and carried unanimously. -12-