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07-26-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 1983 1. The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, 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 Eldon Albin. 3. MINUTES The minutes of the regular meeting of July 12, 1983 were approved as presented, upon motion by Alderman Mlinar, seconded by Alderman Beatty and carried unani- mo us ly . 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY T. L. SCALAWAGS FOR A DANCE PERMIT AND LICENSE TO SELL "ON SALE" NON -INTOXICATING MALT LIQUOR ON AUGUST 14, 1983 A representative for T. L. Scalwags reported he had been advised by the Police Department to obtain a 3.2 beer license to sell on the parking lot during the time a dance was conducted at T. L. Scalawags. Following discussion, it was moved by Alderman Mlinar to approve the appli- cations contingent upon a written acceptance by the Police Department and that the request meet the standards of the Fire Marshal and fire codes. Motion seconded by Alderman Carls and approved unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 11/83 - AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PREMISES WITHIN THE CITY OF HUTCHINSON, MINNESOTA AND PROVIDING PENALTIES FOR VIOLATION After discussion, Alderman Gruenhagen moved to waive second reading and adopt Ordinance No. 667. The motion was seconded by Alderman Beatty and unanimously carried. NO COUNCIL MINUTES JULY 26, 1983 (b) ORDINANCE NO. 12/83 - AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar, to defer action. Motion unanimously approved. (c) ORDINANCE NO. 13/83 - ORDINANCE AMENDING SECTION 710:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED ONE WAY TRAFFIC The City Attorney commented that the wording for Subdivisions 3 and 4 of Ordinance No. 13/83 had been slightly revised for easier understanding. After discussion, it was moved by Alderman Beatty, seconded by Alderman Carls, to waive the first reading and set second reading of Ordinance No. 13/83 for August 9, 1983. Motion carried unanimously. (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 It was reported that a portion of a structure belonging to Hutch Agri -Tech extends onto City right-of-way. Therefore, it would be necessary for the City to grant a franchise authorizing the right to maintain a structure upon the City owned right-of-way for a 20 year period. Following discussion, Alderman Beatty made the motion to waive the first read- ing of Ordinance No. 14/83 and set second reading for August 9, 1983. Motion seconded by Alderman Carls and approved unanimously. (e) RESOLUTION NO. 7457 - RESOLUTION FOR PURCHASE After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Carls, to waive reading and adopt Resolution No. 7457. Motion unanimously carried. (f) 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 It was pointed out that the wording "abutting the west 75 feet of Lot 10 in Block 13, South Half City" should read "east 75 feet." Following discussion, it was moved by Alderman Beatty to waive the first read- ing of Ordinance No. 15/83 as amended and set the second reading for August 9, 1983. Motion seconded by Alderman Mlinar and approved unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS -2- COUNCIL MINUTES JULY 26, 1983 (a) MONTHLY FINANCIAL REPORT - JUNE 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED JUNE 21, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF FIRE DEPARTMENT DATED JUNE 6, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF TREE BOARD DATED JUNE 21, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF PARK & RECREATION BOARD DATED JUNE 1, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF AIRPORT ZONING BOARD DATED MAY 25, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR 1983 IMPROVEMENT BONDS Mr. Bill Fahey of Ehlers & Associates reviewed the five bids received this afternoon and recommended Dain Bosworth, Inc. as low bidder at $474,937.50, with a net interest rate of 8.0497%, for the 1983 improvement bonds. After discussion, Alderman Gruenhagen moved to approve and waive reading and adopt Resolution No. 7462. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Beatty made the motion that the affidavits were approved and ordered on file in the office of the City Administrator. Motion seconded by Alder- man Mlinar and approved unanimously. -3- COUNCIL MINUTES JULY 26, 1983 (b) CONSIDERATION OF AWARDING BID FOR PROJECT 83-01-16 (DEFERRED JUNE 14, 1983) City Engineer Priebe reported on the bids received for Project 83-01-16. He recommended awarding the contract to Aero Asphalt, Inc. in the amount of $75,455.00. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve awarding the contract to Aero Asphalt and to waive reading and adopt Resolu- tion No. 7455. Motion unanimously approved. (c) CONSIDERATION OF PARKING LOT LAYOUT FOR MASONIC TEMPLE SITE (DEFERRED JUNE 14, 1983) The four proposed plans for the Masonic Temple parking lot were discussed. It was determined to amend plan "A" for 50 parking spaces. Alderman Beatty moved to approve plan "A" as amended to save the ash tree, two -foot bush, and two spruce trees in the northeast corner -of- the parking lot, for a total of 50 parking spaces. The motion was seconded by Alderman Mlinar and carried, with roll call vote of Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and the Chair abstaining from voting. (d) CONSIDERATION OF REQUEST FROM CITIZENS BANK FOR BEAUTIFICATION ON FIRST AVENUE SOUTHWEST (DEFERRED JULY 12, 1983) This item was withdrawn from the agenda. (e) CONSIDERATION OF AWARDING BIDS) FOR GROUP LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT, LONG-TERM DISABILITY AND DENTAL INSURANCE (DEFERRED JULY 19, 1983) Mr. Dwight Tange of Risk Control, Inc. summarized the bids received for group insurance. It was his recommendation to award the following: 1) group life insurance to Minnesota Mutual Life Insurance Company for one year; 2) long-term disability to Schools Insurance Fund, underwritten by Fireman's Fund Insurance Company with Phil Stewart Insurance Agency of Albert Lea as agent of record,for one year;, and 3) group dental insurance to Bob Martin and Associates of Minneapolis, underwritten by Canada Life Insurance Com- pany, for one year. Following discussion, upon motion by Alderman Beatty it was moved to award the group insurance bids as recommended by insurance consultant Dwight Tange. Motion seconded by Alderman Carls and carried unanimously. (f) CONSIDERATION OF STREET MAINTENANCE PROGRAM, PROJECT 83-07 -4- COUNCIL MINUTES JULY 26, 1983 City Engineer Priebe reported on the projected assessment for the street maintenance.program of project 83-07. A lengthy discussion followed re- garding justification for the assessments and the benefits received. Ref- erence was made to the City of Bloomington, which utilizes an assessment program. The City Attorney was asked to prepare a report on the cul de sacs. The motion was made by Alderman Beatty to approve the project and order preparation of the assessment roll based on the following recommendations: 1) reduce all highway frontages to 10q� per front foot with the exception of those properties on Highway 22 between Washington and Fair Avenue; 2) reduce the assessments on gravel surface streets to 50(,� per foot; 3) reduce the maximum front footage on A, B and C streets to 100 foot residential lot; and 4) the cul de sacs be assessed so that the total cost of the cul de sac divided by the number of lots in that cul de sac would be paid on the lot by lot basis rather than a front foot basis; contingent upon a report from the City Attorney regarding definitions of the City Charter vs. improvement vs. maintenance. Motion seconded by Alderman Carls and carried with roll call vote of Aldermen Gruenhagen, Beatty, Carls and Mayor DeMeyer voting aye and Alderman Mlinar voting nay. RECESS: Alderman Carls moved to adjourn for a five-minute recess at 9:40 P.M. Mo- tion seconded by Alderman Gruenhagen and carried unanimously. The meeting reconvened at 9:45 P.M. (g) CONSIDERATION OF JOHN MCLAUGHLIN PROPERTY City Attorney Schaefer requested authorization to seek bids for the removal of a structure located on the John McLaughlin property. He indicated the bid advertisement should be subject to rejection of any and all bids and that the bidder would be required to hold the bid(s) open for at least 30 days. The City would be able to obtain any necessary court approval to re- move the structure in that amount of time. After discussion, Alderman Beatty moved to approve and call for bids. Mo- tion seconded by Alderman Gruenhagen and approved unanimously. (h) PRESENTATION BY CITY ATTORNEY CONCERNING APPRAISALS FOR PARKING ASSESSMENT SETTLEMENT The City Attorney requested to defer this matter to the next Council meeting. Upon motion by Alderman Beatty, seconded by Alderman Mlinar, it was approved to defer action to the next Council meeting. Motion unanimously carried.. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS No one was present to request an_extension of the payment period. It was -5- COUNCIL MINUTES JULY 26, 1983 moved by Alderman Beatty, seconded by Alderman Mlinar, to authorize dis- continuation of service as recommended by City staff, unless otherwise stated. Motion approved unanimously. (b) CONSIDERATION OF REQUEST FOR HUTCHINSON FIRE MARSHALL TO INSPECT MCLEOD COUNTY JAIL Sheriff Kopesky requested approval from the City Council to allow the Hutch- inson Fire Marshall to inspect the McLeod County Jail.on a quarterly basis. The local fire department official had a conflict of interest and could not perform the required inspection. Following discussion, it was moved by Alderman Gruenhagen to approve the request, with the inspection to be performed on City time, and the City of Hutchinson to bill McLeod County for the Fire Marshall's services. Alder- man Mlinar seconded the motion and unanimously approved. (c) CONSIDERATION OF REQUEST BY HUTCHINSON AMBASSADORS FOR FOOD CONCESSIONS STAND PERMIT IN LIBRARY SQUARE PARK FOR ARTS AND CRAFTS FESTIVAL After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Beatty, to approve a food concession stand. Motion carried unanimously. (d) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE AND BINGO LICENSE BY ELKS CLUB , The Elks Club submitted applications for gambling devices and bingo licenses, with the request to waive the bonding requirement and to run bingo at the McLeod County Fair in addition to the Club site. It was the recommendation of Sgt. John Gregor to waive the bonding requirement and to require a separ- ate bingo license for the McLeod County Fair Grounds. Following discussion, Alderman Beatty moved to approve the licenses as out- lined in the requests and based on the statements from Sgt. Gregor. Motion seconded by Alderman Gruenhagen and approved unanimously. (e) CONSIDERATION OF HANDICAP SIGN ON NORTHWEST SIDE OF BUILDING AT 101 PARK PLACE After discussion, the motion was made by Alderman Carls to approve one han- dicap sign, at 101 Park Place. Alderman Beatty seconded the motion, and it unanimously carried. (f) CONSIDERATION OF PRELIMINARY GRANT APPLICATION FOR FORMER "ANTIQUE SHOP" SITE_ (WESELOH PROPERTY) Parks and Recreation'Director Ericson requested permission to submit a pre- liminary application through LAWCON for acquisition of the Weseloh property. The total cost of the property would be $26,000. COUNCIL MINUTES JULY 26, 1983 Following discussion, Alderman Mlinar moved to approve that the City pro- ceed with grant application for the former antique shop site. Motion sec- onded by Alderman Beatty and carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7463. Motion unanimously approved. (g) CONSIDERATION OF PRELIMINARY GRANT APPLICATION FOR DEVELOPMENT OF BASS POND AREA Director Ericson reported the bass pond area was being considered for swim- ming and ice skating. He requested authorization to submit a preliminary grant application for its development, at an estimated cost of $353,000. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to authorize City staff to submit a grant application. Motion unanimously carried. Alderman Beatty moved to waive reading and adopt Resolution No. 7464. Motion seconded by Alderman Gruenhagen and approved unanimously. (h) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY ERICKSON BIG "D" AND VALU DRUG Following discussion, it was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to approve the cigarette license. Motion carried unanimously. (i) CONSIDERATION OF APPLICATION FOR "OFF SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR ERICKSON BIG "D" AND VALU DRUG Alderman Carls made the motion to approve the application and issue the non -intoxicating malt liquor license. Motion seconded by Alderman Beatty and unanimously approved. (j) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY HUTCHINSON JAYCEES FOR JULY 31, 1983 It was moved by Alderman Mlinar, seconded by Alderman Carls, to approve and issue the license. Motion unanimously carried. (k) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY EUGENE HAVELKA WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Eugene Havelka appeared before the Council to appeal the recommendation of the Planning Commission. He presented a drawing of the proposed layout for construction of a garage. Alderman Beatty stated the Planning Commission could not find a hardship to require a variance, and therefore, denied the request. -7- COUNCIL MINUTES JULY 26, 1983 The motion was made by Alderman Beatty to uphold the Planning Commission's decision and to deny the request. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY MERLIN EGGERSGLUESS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Merlin Eggersgluess requested permission to move in a garage next to an existing garage at 945 Luedtke Lane. Following discussion, Alderman Gruenhagen moved to approve the conditional use permit. Motion seconded by Alderman Beatty and carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7458. Motion approved unanimously. (m) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY PURE CULTURE PRODUCTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES Pure Culture Products requested a conditional use permit to allow the instal- lation of a product storage tank at 35 Adams Street North. The Planning Com- mission recommended approval, contingent upon approval from the DNR and a statement from the PCA indicating emissions were acceptable. After discussion, Alderman Gruenhagen moved that with the recommendation of the Planning Commission, to approve the conditional use permit and to waive reading and adopt Resolution No. 7459, contingent upon approval from the DNR and a statement from the PCA. Motion seconded by Alderman Beatty and approved unanimously. (n) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY GEORGE THELEN WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. George Thelen requested a variance to amend a previous variance. It was the recommendation of the Planning Commission to deny the variance. Alderman Beatty moved to uphold the Planning Commission's recommendation and deny the request for a variance. Motion seconded by Alderman Mlinar and carried unanimously. (o) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT FOR MAC'S BLUFF ADDITION AS SUBMITTED BY ANTHONY MACHTEMES City Engineer Priebe presented a proposed plan for Mac's Bluff Addition. It was noted that the final plat would be subject to approval of annexation at the hearing on August 4, 1983. COUNCIL MINUTES JULY 26, 1983 Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to approve the preliminary and final plat and waive reading and adopt Resolution No. 7460. Motion unanimously approved. (p) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY CHARLES MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Charles Miller requested a variance for reduction of the sideyard set- back to install a below grade swimming pool at 486 Shady Ridge Road. After discussion, Alderman Beatty moved to approve the variance and waive reading and adopt Resolution No. 7461. Motion seconded by Alderman Carls. Upon roll call, Aldermen Beatty and Carls and Mayor DeMeyer voted aye and Aldermen Gruenhagen and Mlinar voted nay. The Chair deferred the ruling until the vote could be reviewed by the City Attorney. (q) CONSIDERATION OF PROPERTY OWNERS COMPLAINT ABOUT DOG KENNEL City Attorney Schaefer reported on the background regarding the dog kennel complaint. The owner of the dog kennel was contacted by Officer Bakken and given one week in which to comply with the City's zoning ordinance. No ac- tion would be required of the Council at this time. Attorney Schaefer sug- gested amending the ordinance to better control dog kennels. Alderman Beatty moved to defer this item until such time as notification has been received regarding the dog owner and to instruct the City Attorney to draft an amended ordinance for review at the next Council meeting. Motion seconded by Alderman Mlinar and carried unanimously. (r) CONSIDERATION OF MERIT ADJUSTMENTS FOR HOURLY EMPLOYEES Following discussion, the motion was made by Alderman Mlinar to approve the merit adjustments for hourly employees. Motion seconded by Alderman Carls and approved unanimously. 10. MISCELLANEOUS (a) RESOLUTION OF APPRECIATION FOR ATTORNEY JOHN E. KEEFE Mayor DeMeyer read Resolution No. 7456 which expressed appreciation for Attorney John E. Keefe's services as Assistant City Attorney from January 1982 to June 1983. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to adopt Reso- lution No. 7456. Motion unanimously carried. COUNCIL MINUTES JULY 26, 1983 (b) CONSIDERATION OF APPLICATION FOR "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY HEATWOLE THRESHING ASSOCIATION FOR AUGUST 13, 1983 AT THE CIVIC ARENA Sgt. John Gregor reported that in the past no license was issued for "family" events at the Civic Arena. It was his recommendation to deny the request. After discussion, Alderman Beatty moved to deny the request for a malt liquor license at the Civic Arena. Motion seconded by Alderman Carls and approved unanimously. (c) COMMUNICATIONS FROM ASSISTANT CITY CLERK Assistant Clerk Merrill reported the League of Cities had submitted an opin- ion regarding the use of city funds for a picnic for city employees and mem- bers of city boards and commissions. Based on the League's letter, the City could proceed to schedule a picnic. The date of August 24 was selected for this event. Mention was made of the levy limit meeting scheduled for August 4. Mr. Mer- rill reported he planned to attend. The Council was asked if the Directors would be considered for merit adjust- ment. No definite decision was reached, but the comment was made that the increased insurance costs might be taken out of the merit fund. (d) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Director Neumann stated there had been a request to use the City's steamer and portable box office at a special event to be held this week at the Gopher Camp Fire. It was his recommendation to require a signed hold harmless agree- ment. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar, to approve the use of City equipment and to instruct the City Attorney to prepare an agreement. Motion carried unanimously. It was reported by Director Neumann that there was an old over -head exhaust system in the Bretzke garage. He requested authorization to remove it and move the system to the street garage. Alderman Beatty moved to approve the request. Motion seconded by Alderman Gruenhagen and unanimously approved. (e) COMMUNICATIONS FROM BUILDING OFFICIAL Building Official Pittman stated that while he was on vacation, there would be no one to do inspections the week of August 15. He requested authoriza- tion for the City Engineer to do inspections in his absence -during that period of time. -10- COUNCIL MINUTES JULY 26, 1983 It was moved by Alderman Gruenhagen to authorize the City Engineer to do building and plumbing inspections during the second week the Building Offi- cial was away on vacation. Motion seconded by Alderman Beatty and unani- mously carried. (f) COMMUNICATIONS FROM FIRE MARSHAL Fire Marshal Field reported that he and the Fire Chief would be attending a fire code school in Woodbury, Minnesota from August 15 to 19. (g) COMMUNICATIONS FROM PERSONNEL COORDINATOR Personnel Coordinator Sitz reported that Mark Schnobrich had attended a library conference in Minneapolis. He received some good information. (h) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar suggested scheduling a board of review meeting to allow commercial establishments to review their commercial rates and/or services with the City Council and Junker Sanitation. 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 Gruenhagen and carried, with the Chair abstaining from voting. 12. ADJOURNMENT The meeting adjourned at 11:05 P.M. upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously approved. -11-