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08-09-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 9, 1983 1. Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: Assistant City Clerk Kenneth B. Merrill, City Engineer Marlow V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend James P. Lauer. 3. MINUTES The minutes of the bid openings of July 19 and July 26, 1983 were approved as presented, and the minutes of the regular meeting of July 26, 1983 were approved as amended, upon motion by Alderman Carls, seconded by Alderman Mlinar and car- ried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 167 - PROJECT 83-03 The public hearing was called to order at 8:00 P.M. with the reading of Publication No. 3102, Notice of Hearing On Proposed Assessment, Assessment Roll No. 167, by Mayor DeMeyer. City Engineer Priebe reported on the improvement of Franklin Street from Second Avenue Southwest to 66 feet South of Third Avenue Southwest by the construction of grading, gravel base, bituminous wear, curb and gutter and appurtenances. He stated the estimated cost of $47,718.63 was under the original estimated figure for the project. Mrs. Al Cheney, 236 Franklin South, inquired if the new owner of their property, which is for sale, would pay the assessments. She expressed ap- preciation to the Council that the assessment amount had been reduced. Also, Mrs. Cheney asked if plans of the project were available for review. Alderman Mlinar moved to close the hearing at 8:12 P.M. Motion seconded by Alderman Beatty and unanimously carried. (b) ASSESSMENT ROLL NO. 168 - PROJECT 83-04 Mayor DeMeyer read Publication No. 3103, Notice of Hearing On Proposed Assessment, Assessment Roll No. 168. City Engineer Priebe stated the im- provement of parking on the east side of Franklin Street from Second Ave- nue Southwest to 66 feet south of Third Avenue Southwest for construction 0 COUNCIL MINUTES AUGUST 9, 1983 of bituminous base, bituminous wear and appurtenances only involved two property owners; namely, developer Richard Smith and the Hutchinson Tele- phone Company. The estimated cost of the improvement was $6,100.88. The motion was made by Alderman Carls, seconded by Alderman Beatty, to close the hearing at 8:09 P.M. Motion approved unanimously. (c) ASSESSMENT ROLL NO. 169 - PROJECT 83-05 Publication No. 3104, Notice of Hearing On Proposed Assessment, Assess- ment Roll No. 169, was read by Mayor DeMeyer. The City Engineer reported the five -ton residential street improvement was located on Franklin Street from 66 feet south of Third Avenue Southwest to Fourth Avenue Southwest for construction of grading, gravel base, bitumin- ous base, bituminous wear and appurtenances. It was stated the estimated cost had been reduced to $13,789.44. Alderman Beatty moved to close the hearing at 8:10 P.M. Motion seconded by Alderman Carls and carried unanimously. (d) STORM SEWER IMPROVEMENT PROJECT 83-08 Mayor DeMeyer read Publication No. 3099, Notice of Hearing On Improvement, Project No. 83-08. A report was presented by the City Engineer that the project would involve extending a storm sewer line to the Jr./Sr. High School property, for an estimated cost of $3,000.00. The only two parties involved would be the school district and the City. Mr. Dick Lennes, a representative of the school district, stated the school had requested the storm sewer project. They desired affirmative action. It was moved by Alderman Carls, seconded by Alderman Mlinar, to close the hearing at 8:12 P.M. Motion unanimously approved. Alderman Beatty moved to approve the assessment rolls. Motion seconded by Alderman Mlinar. Alderman Beatty amended his motion to include Assessment Rolls No. 167, 168 and 169. The amended motion was seconded by Alderman Gruenhagen. The amended motion unanimously carried. The motion approved unanimously. Alderman Carls moved to order the improvement and the preparation of plans and specifications and waive reading and adopt Resolution No. 7471. Mo- tion seconded by Alderman Beatty and unanimously carried. -2- COUNCIL MINUTES AUGUST 9, 1983 City Engineer Priebe stated there was no basic objection to projects 83-03, 83-04 and 83-05 on Franklin Street. He requested the Council to award the contract for the work to Wm. Mueller & Sons, Inc. in the amount of $53,100.50. Following discussion, Alderman Beatty moved to approve the bid and award the contract by waiving the reading and adopting Resolution No. 7474. Mo- tion seconded by Alderman Carls and unanimously approved. The motion was made by Alderman Beatty to waive readings and adopt Reso- lutions No. 7468, No. 7469, and No. 7470.for Assessment Rolls No. 167, 168 and 169. Motion seconded by Alderman Gruenhagen and carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY BILL BRODD FOR MCLEOD COUNTY FAIR BOARD Secretary Bill Brodd and President Curtis Halvorson, representing the McLeod County Fair Board, appeared before the Council to express apprecia- tion to the City for all the work done to renovate the fair ground after the tornado. Special thanks was extended to Building Official Homer Pitt- man, Maintenance Operations Director Ralph Neumann, and Fire Marshal George Field for their extra efforts. (b) CONSIDERATION OF REQUEST FOR SGT. RON KIRCHOFF TO ATTEND CRIMINAL JUSTICE COURSE AUGUST 29-31, 1983 After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Mlinar, to approve the request. Motion approved unanimously. (c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY MARTIN KOHLS Following discussion, Alderman Carls moved to approve a reduced trash and refuse rate for Mr. Martin Kohls. Motion seconded by Alderman Mlinar and unanimously carried. (d) FOLLOW-UP ON PETITION OF COMPLAINT AGAINST FOUL AIR On May 10, 1983 a petition was presented to the Council regarding the foul air in Hutchinson. Dianne Hagen inquired if any follow-up had been done on this matter. Mayor DeMeyer stated that an inspection report had been received from the Minnesota Pollution Control Agency. They had found Pure Culture Products to be in compliance with all PCA rules. ✓ (e) CONSIDERATION OF REQUEST FROM CLYDE GREGOR FOR CITY TO PAY COST OF DAMAGES RESULTING FROM SEWER BACK-UP -3- COUNCIL MINUTES AUGUST 9, 1983 In April the City sewer backed up into Clyde Gregor's basement. Mr. Gre- gor requested that the City reimburse the $571 of damage costs resulting from this problem. Assistant City Clerk Merrill reported that a claim had been turned in to the insurance carrier. He would check with the insurance agent to deter- mine the status of the claim and report back to the Council. Alderman Mlinar moved to direct the Assistant City Clerk to obtain infor- mation from the insurance carrier and put the item back on the Council agenda. Motion seconded by Alderman Beatty and approved unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7465 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND It was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution. Motion unanimously carried. (b) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF City Attorney Schaefer commented that Section 5 of the proposed Ordinance had been revised according to the Council's direction. He further pointed out that the Ordinance was drafted after a sample copy obtained from the League of Minnesota Cities. After extensive discussion on the wording in the Ordinance, it was the consensus of the Council that Attorney Schaefer should prepare an amended copy of the Ordinance for review at the next Council meeting, with action to be taken on it at the first meeting in September. Alderman Gruenhagen moved to table this item until the first regular Coun- cil meeting of September, giving each Council member and the Mayor a chance to review the Ordinance. Motion seconded by the Chair. The motion failed upon roll call vote of Alderman Gruenhagen and Mayor DeMeyer voting aye and Aldermen Beatty, Carls and Mlinar voting nay. It was moved by Alderman Beatty to defer action to the first meeting in September and to instruct the City Attorney to take into account tonight's discussion to present some alternatives of the Ordinance at the next meet- ing for the Council's consideration. Alderman Mlinar seconded the motion, and it carried unanimously. (c) ORDINANCE NO. 13/83 - ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE WAY TRAFFIC -4- COUNCIL MINUTES AUGUST 9, 1983 Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to waive the second reading and adopt Ordinance No. 668. Motion unanimously approved. (d) ORDINANCE NO. 14/83 - AN ORDINANCE GRANTING TO HUTCH AGRI-TECH THE RIGHT TO MAINTAIN A STRUCTURE UPON CERTAIN CITY OWNED RIGHT OF WAYS IN THE CITY OF HUTCHINSON, STATE OF MINNESOTA Alderman Gruenhagen moved to waive second reading and adopt Ordinance No. 669. Motion seconded by Alderman Beatty and unanimously carried. (e) ORDINANCE NO. 15/83 - 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 After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive second reading and adopt Ordinance No. 670. Motion ap- proved unanimously. (f) 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, the motion was made by Alderman Beatty to waive the first reading of Ordinance No. 16/83 and set the second reading for August 23, 1983. Motion seconded by Alderman Carls and carried unanimously. (g) ORDINANCE NO. 17/83 - AN ORDINANCE PERTAINING TO UNLAWFUL DISPLAY TO MINORS OF INDECENT PUBLICATIONS, PICTURES OR ARTICLES After discuspion, Alderman Carls made the motion to waive the first read- ing of Ordinance No. 17/83 and set the second reading for August 23, 1983. Motion seconded by Alderman Mlinar and approved unanimously. (h) RESOLUTION NO. 7466 - RESOLUTION FOR PURCHASE It was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7466. Motion unanimously carried. (i) RESOLUTION NO. 7467 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST BANK OF MINNEAPOLIS The motion was made by Alderman Gruenhagen to waive reading and adopt Reso- lution No. 7467. Motion seconded by Alderman Beatty and unanimously ap- proved. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS -5- COUNCIL MINUTES AUGUST 9, 1983 (a) BUILDING OFFICIAL'S MONTHLY REPORT - JULY 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF LIBRARY BOARD DATED JULY 21, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF NURSING HOME BOARD DATED JUNE 23, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) PRESENTATION BY CITY ATTORNEY CONCERNING APPRAISALS FOR PARKING ASSESSMENT SETTLEMENT (DEFERRED JULY 26, 1983) City Attorney Schaefer reported he had talked to appraiser Gerald McKinzie, Attorney Bill Haas, and Attorney Roger Gilmer regarding the appraisals for the 13 properties involved in the parking assessment settlement. They were all in agreement that the costs should be kept to a minimum and that a full report would not be needed. Further, Mr. McKinzie could prepare his ap- praisal at 20 percent less than the estimated fee of $9,100. Following discussion, the motion was made by Alderman Beatty to approve and authorize the appraisals. Motion seconded by Alderman Mlinar and car- ried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. It was noted that the Mayor was opposed due to the fact the process had not been established. (b) DECISION ON DEFERRED RULING REGARDING VARIANCE FOR CHARLES MILLER Mayor DeMeyer reported the City Attorney had researched the number of votes necessary to approve a variance. It was the City Attorney's legal opinion that a three -to -two vote would be sufficient to approve a variance under State Statute, City Charter and Ordinances. The Chair then ruled that the motion carried from the July 27, 1983 Council meeting. 9. NEW BUSINESS (a) CONSIDERATION OF REPLACING FIRE MARSHAL VEHICLE Authorization was requested from the Council to replace the Fire Marshal's present vehicle with a used 1978 Buick, nine -passenger station wagon from Swanke Motors for $4,500. Im COUNCIL MINUTES AUGUST 9, 1983 After discussion, Alderman Mlinar moved to approve the replacement vehicle. Motion seconded by Alderman Beatty and carried, with Alderman Gruenhagen abstaining from voting. (b) CONSIDERATION OF USE OF HUTCHMOBILE FOR SPECIAL PURPOSES (REQUESTED BY TRANSPORTATION BOARD - ALDERMAN KENNETH GRUENHAGEN) Alderman Gruenhagen reported there had been two requests to use the Hutch - mobile for special purposes. Radio Station KDUZ wished to use the bus to shuttle people back and forth from a designated parking lot to the station for an open house on August 27 and 28. The Hutchmobile would be included in the advertising promotion, and the City would be paid an agreed upon fee for its service. The Transportation Board recommended approval of the re- quest. The second request was from the Hutchinson Public School Adult Education Office for the use of the bus service for a Saturday morning adult class tour in October. It was the recommendation of the Transportation Board to charge a per hour fee for the Hutchmobile. In conjunction with the KDUZ open house, it was recommended to distribute to the passengers an informational leaflet containing a coupon redeemable for a half-price ride on the Hutchmobile during regular service hours. It was also recommended by the Transportation Board that shuttle service be free on two Fridays in August to promote new ridership. Following discussion, the motion was made by Alderman Beatty to approve all four above -stated items, with the stipulations of the Transportation Board. Motion seconded by Alderman Carls and unanimously carried. (c) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY EASTERN STAR AND MASONS AT MCLEOD COUNTY FAIR It was moved by Alderman Gruenhagen, seconded by Alderman Carls, to approve and issue the license. Motion approved unanimously. (d) CONSIDERATION OF NO PARKING ON SERVICE ROAD IN HIGHLAND PARK AREA City Engineer Priebe reported on the service road on the north side of Hwy. 7 East in Highland Park area and recommended signing it for "no parking." After discussion, the motion was made by Alderman Beatty to approve "no parking" and authorize the drafting of an appropriate Ordinance. There was no second, and the motion died. Alderman Carls moved to defer action to the next Council meeting. Motion seconded by Alderman Gruenhagen and carried unanimously. -7- COUNCIL MINUTES AUGUST 9, 1983 V (e) CONSIDERATION OF APPOINTMENTS TO PARK AND RECREATION BOARD: 1. DON FALCONER 2. LYLE BLOCK Mayor DeMeyer requested ratification from the Council to appoint Don Fal- coner and Lyle Block to the Park and Recreation Board. He further sug- gested expanding the size of the Board with the addition of two more mem- bers. Alderman Carls stated he would bring the recommendation to the Park and Recreation Board at the September meeting. It was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to ratify the appointments. Motion unanimously approved. (f) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE: 1. AMERICAN LEGION 2. SONS OF AMERICAN LEGION City Attorney Schaefer stated that any subdivision of an organization which operated independently as a separate unit must obtain its own gambling li- cense. The motion was made by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the applications and issue the licenses. Motion unanimously approved. (g) CONSIDERATION OF APPLICATION FOR BINGO LICENSE BY ELKS CLUB FOR MCLEOD COUNTY FAIR GROUNDS Following discussion, Alderman Gruenhagen moved to approve the bingo license. Motion seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE: 1. HUTCHINSON JAYCEES - AUGUST 13-14, 1983 2. MCLEOD COUNTY AG. ASSN. - AUGUST 19-23, 1983 3. LYONS CLUB - AUGUST 20-21, 1983 Sgt. John Gregor commented he had talked to representatives from all three groups, and they are aware of the rules and regulations for selling malt liquor. It was moved by Alderman Beatty, seconded by Alderman Carls, to approve and issue the licenses. Motion unanimously carried. COUNCIL MINUTES AUGUST 9, 1983 10. MISCELLANEOUS (a) COMMUNICATIONS FROM ASSISTANT CITY CLERK Assistant City Clerk Merrill reported he had contacted Jim Junker regard- ing scheduling a board of review meeting. Mr. Junker would not be avail- able until September. Mr. Merrill called attention to several informational items in the packet. He pointed out that within the next week the City should know the amount of 1984 funding that will be available from the State. Also, mention was made of the letter received from appraiser Gerald McKinzie regarding the rear adjacent parking of the Bretzke property. The Municipal Board held a hearing on August 4 regarding annexation of the Machtemes property. It was reported that due to opposition from the Hutch- inson Township of annexing the northern portion of the property, a compro- mise agreement was reached. Approximately 22 acres in the southern area will be annexed and developed. (b) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe stated that two of the improvement projects required removing the parking meter posts. He inquired if the posts should be re- placed once the project was completed. Alderman Carls moved that the meter posts not be replaced after the con- struction of the street was completed. Motion seconded by Alderman Mlinar and carried unanimously. It was reported that the assessment roll for street maintenance was being prepared. The tentative dates of September 26 or September 28 were chosen for a special public hearing on Project 83-07, to be held in the elementary school auditorium. City staff was directed to confirm the date and use,of the school facility. Mr. Priebe commented that one bid was received for Project 83-09, Third Ave- nue Northwest. No public hearing would be required since only one property owner (Hutch Computer) was involved. It was his recommendation to award the contract to J. W. Hanson Construction Co. in the amount of $5,740. The motion was made by Alderman Beatty to waive reading and adopt Resolution No. 7473, accepting bid and awarding contract. Motion seconded by Alderman Mlinar and approved unanimously. Three bids were received today for demolition of the structures on the John McLaughlin property. The removal cost would be assessed to property taxes as a special assessment. It was recommended to award the contract to Juul I COUNCIL MINUTES AUGUST 9, 1983 Contracting, Inc. in the amount of $1,450. Alderman Beatty moved to approve awarding the contract to Juul Contracting, subject to District Court order. Motion seconded by Alderman Mlinar and unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7472. Motion approved unanimously. City Engineer Priebe commented on the Industrial Park work remaining from last year and displayed a sample of slurry kote which will be placed on "B" type streets. (c) COMMUNICATIONS FROM ALDERMAN TED BEATTY Alderman Beatty made reference to the letter received from appraiser Gerald McKinzie and requested the garage portion of the Bretzke property be placed on the agenda for the next Council meeting. (d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the procedure of notifying residents affected prior to action by the City Council regarding "no parking" areas. He felt it was in the best interest of the people involved to be notified. Following discussion, Alderman Mlinar made the motion that the City Attor- ney prepare a Resolution of policy pertaining to advanced notice of "no park- ing" signs to be installed on streets of affected property owners. Motion seconded by Alderman Beatty and carried unanimously. City Attorney Schaefer was asked to comment on his memorandum regarding im- provement vs. maintenance. It was reported that the Charles Miller swimming pool had already been in- stalled without proper authorization from the Council. The utility lines were moved by the Hutchinson Utilities. It appears there was no hardship to require a variance. City Engineer Priebe stated he would investigate the matter and report back to the Council. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Gruenhagen, seconded by Alderman Mlinar and car- ried, with the Chair abstaining from voting. 12. ADJOURNMENT The meeting adjourned at 10:20 P.M. upon motion by Alderman Beatty, seconded by Alderman Carls and approved unanimously. BIZ'