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04-12-1983 CCMA - MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 12, 1983 1. CALL TO ORDER Mayor DeMeyer called the regular meeting to order 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, and City At- torney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Tim Maland. 3. MINUTES The minutes of the special meetings of March 16, 1983 and April 1, 1983, regular meeting of March 22, 1983 and bid openings of March 28, 1983 and April 4, 1983 were approved as presented upon motion by Alderman Beatty, seconded by Alderman Mlinar and unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENTS: 1. DAVID DOELGER - HOSPITAL BOARD 2. ROLAND EBENT - PLANNING COMMISSION 3. ROY JOHNSEN - TREE BOARD 4. IVAN LARSON - TREE BOARD 5. LORRAINE DUMMER - TRANSPORTATION BOARD It was moved by Alderman Carls, seconded by Alderman Beatty, to ratify the above -stated appointments. Motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR REDUCED SPEED ZONE ON NORTH HIGH DRIVE Police Chief O'Borsky reported that a change in the speed zone on North High Drive would require an engineering and traffic investigation by the Highway Department. It was his recommendation to direct the Street Depart- ment to erect appropriate signs in the area of Burns Manor Nursing Home which would warn drivers of any potential hazard. In addition, the Police Department would patrol the area and enforce the speed limit on that street. COUNCIL MINUTES APRIL 12, 1983 Following discussion, Alderman Carls moved to approve the recommendation of the Police Chief to direct the Street Department to erect signs on North High Drive. Motion seconded by Alderman Mlinar. The motion was amended by Alderman Carls to direct Director Ralph Neumann to consult with Administrator Mavis Geier at Burns Manor to determine the wording on the signs. Alderman Mlinar seconded the motion, and it unanimously carried. (c) CONSIDERATION OF PETITION FOR SURFACE IMPROVEMENT ON OAKWOOD LANE BY PROPERTY OWNERS The City Engineer reported the City had received a petition from all the property owners on Oakwood Lane requesting a permanent surfaced road. The estimated cost for the project would be $12,350.00 After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Gruenhagen, to approve surface improvement on Oakwood Lane. Motion approved unanimously. It was moved by Alderman Mlinar to waive readings and adopt Resolution No. 7360 entitled Resolution Declaring Adequacy of Petition and Ordering Prepa- ration of Report and Resolution No. 7361 entitled Resolution Receiving Re- port and Calling Hearing On Improvement for April 26, 1983 at 8:00 P.M. Motion seconded by Alderman Beatty and carried unanimously. (d) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE AND BANDSHELL AND ASSISTANCE FROM STREET DEPARTMENT ON MAY 7, 1983 FOR SPRING COMMUNITY CLEAN-UP The fifth spring community clean-up will be held on May 7, 1983. The Cham- ber of Commerce has requested permission to use the bandshell in Library Square and assistance from the Street Department to remove bags of litter. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve the request. Motion unanimously approved. (e) CONSIDERATION OF PETITION TO REMOVE TIMED PARKING LIMIT IN PARKING LOTS BEHIND MAIN STREET A petition containing 79 signatures of downtown employees was presented to the City Council. The petitioners requested the three hour time limit in parking lots behind Main Street be removed. Iverne Hartsuiker reported a traffic survey was taken during the month of March which revealed there was parking available on Main Street while some of the parking lots sat empty. In response to the question of why the time limit was put on the parking -2- COUNCIL MINUTES APRIL 12, 1983 lots, it was pointed out that the parking restrictions were implemented based upon input from store owners. After discussion, Alderman Beatty moved to turn the matter over to the Police Chief for a study and recommendation to the Council. Motion seconded by Ald- erman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. It was noted that the Mayor did not object to presenting the issue to the Police Department, but he felt it should be addressed to the property owners -and community. (f) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE CHARGE BY HARTWILL LACK It was moved by Alderman Mlinar, seconded by Alderman Beatty, to approve the request. During discussion it was noted that the income exceeded the allowed income. The motion and second were withdrawn and the motion died. Alderman Carls moved to direct the City Administrator to seek further in- formation on the application and report back to the City Council at the next meeting. Motion seconded by Alderman Mlinar and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 1/83 - AN ORDINANCE GRANTING PERMISSION TO ARTHUR BENJAMIN, SR., DOING BUSINESS IN THE CITY OF HUTCHINSON, MINNESOTA TO OPERATE AND MAINTAIN A BELOW GROUND STORAGE AREA ON FIRST AVENUE SOUTHWEST IN THE CITY OF HUTCHINSON The motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to waive the second reading and adopt Ordinance No. 658. Motion approved unani- mously. (b) ORDINANCE NO. 2/83 - AN ORDINANCE GRANTING PERMISSION TO ARTHUR BENJAMIN, SR., DOING BUSINESS IN THE CITY OF HUTCHINSON, MINNESOTA, TO OPERATE AND MAIN- TAIN A LOADING RAMP WITHIN THE STREET RIGHT-OF-WAY ON FRANKLIN STREET IN THE CITY OF HUTCHINSON Alderman Beatty moved to waive the second reading and adopt Ordinance No. 659. Motion seconded by Alderman Gruenhagen and unanimously carried. (c) ORDINANCE NO. 4/83 - 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 Gruenhagen, seconded by Ald- erman Beatty, to waive second reading and adopt Ordinance No. 660. Motion carried unanimously. -3- COUNCIL MINUTES APRIL 12, 1983 (d) ORDINANCE NO. 5/83 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP After discussion, the motion was made by Alderman Mlinar to waive second reading and adopt Ordinance No. 661. The motion was seconded by Alderman Carls and unanimously carried. (e) RESOLUTION NO. 7359 - ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION It was moved by Alderman Carls, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7359. Motion approved unanimously. (f) RESOLUTION NO. 7362 - RESOLUTION OF APPRECIATION FOR LILA WESTPHAL Following discussion, Alderman Beatty moved to adopt Resolution No. 7362. Motion seconded by Alderman Mlinar and carried unanimously. The motion was made by Alderman Mlinar, seconded by Alderman Gruenhagen, to approve the retirement of Lila Westphal effective June 15, 1983. Motion unanimously approved. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S REPORT - MARCH 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF TRANSPORTATION BOARD DATED SEPTEMBER 15, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF NURSING HOME BOARD DATED FEBRUARY 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) REPORT ON FRANKLIN STREET IMPROVEMENT BY CITY ENGINEER (DEFERRED MARCH 22, 1983) The City Engineer presented cost estimates for the Franklin Street improve- ment -project. -4- COUNCIL MINUTES APRIL 12, 1983 After discussion, Alderman Beatty moved to adopt a Resolution ordering preparation of a report on Franklin Street. The motion failed for lack of a second. Alderman Carls moved to direct the City Engineer to report back at the next Council meeting with additional information of cost to the property owners if the City uses state aid approach and also proposed changes in the existing policy so that residenxial used property is not assessed com- mercial rate for a nine -ton street even though zoned commercial. Motion seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF AWARDING BID FOR GARAGE PORTION OF BRETZKE PROPERTY (DEFERRED MARCH 28, 1983) Mayor DeMeyer reviewed the three bids received for the garage portion of the Bretzke property. Building Official Homer Pittman cautioned the bidders that the wall to the north of,the five overhead doors was too close to the property line. There- fore, the building code would not allow an opening. However, an overhead door could be installed on the east side of the building. It was reported by City Attorney Schaefer that he had contacted the League of Cities and received an affirmative response that the City could sell property on contract for deed. Following extensive discussion, Alderman Beatty moved to reject all three bids and continue with the present intended use for parking. Motion sec- onded by Alderman Mlinar. The motion was amended by Alderman Beatty to reject all three bids for the property. Alderman Mlinar declined to second the amended motion as presented. The motion was then amended by Alderman Beatty that the City reject all three bids on the garage portion of the Bretzke property. Alderman Mlinar seconded the amendment,and the motion unanimously carried.to amend the motion. The motion carried unanimously to reject the bids. (c) DISCUSSION OF SALE OF TWO VACANT LOTS (LOTS 11 & 12, BLOCK 3, SELCHOW- JORGENSON SUBDIVISION) (REQUESTED BY ALDERMAN KENNETH GRUENHAGEN) (DEFERRED MARCH 16, 1983) The item was withdrawn from the agenda. (d) CONSIDERATION OF AGREEMENT BETWEEN TEMPLE LODGE NO. 59 AND THE CITY OF HUTCHINSON The site of the Masonic Temple Lodge No. 59 had been proposed as part of the parking program. The agreement between the Lodge and the City of Hutch- inson states the terms and conditions of the purchase agreement previously entered into by both parties. -5- COUNCIL MINUTES APRIL 12, 1983 Mr. Jim Hanson requested that the Masonic Lodge be granted permission to keep the cornerstone from the building when it is demolished.for a parking lot. Alderman Gruenhagen moved that the cornerstone from the Lodge building be turned over to the former owner at the time of demolition. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls, and Mlinar voting aye and Mayor DeMeyer voting nay. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve and authorize the Mayor and City Administrator to sign the agreement between the Temple Lodge No. 59 and the City of Hutchinson. The motion carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (e) CONSIDERATION OF LIQUOR STORE REMODELING (REQUESTED BY ALDERMAN TED BEATTY) Manager Chuck Nelson reported the roof on the liquor store needed repair. He presented five estimates to fix the leaking roof. After discussion, the motion was made by Alderman Mlinar to accept the pro- posal from McDonald's Roofing in the amount of $6,242.50 to insulate and waterproof the roof, with a five-year guarantee. Motion seconded by Alder- man Gruenhagen and unanimously carried. (f) CONSIDERATION OF ADVERTISEMENT FOR BIDS FOR MEDIUM-SIZED PICKUP WITH TOPPER FOR RECREATION DEPARTMENT City Administrator Plotz reported the City Council had authorized advertis- ing for a station wagon for the Recreation Department. However, it was felt that a pickup would have more use than a station wagon. Following discussion, Alderman Beatty moved to approve and authorize adver- tising for bids on a pickup for the Recreation Department. Alderman Gruen- hagen seconded the motion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF HIRING TWO PART-TIME POLICE OFFICERS The motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve hiring two part-time police officers. Motion unanimously approved. (b) CONSIDERATION OF REQUEST BY PROPERTY OWNERS TO INSTALL BITUMINOUS SURFACING FOR PERMANENT STREET IMPROVEMENTS Im COUNCIL MINUTES APRIL 12, 1983 All of the abutting property owners on Sherwood Cirlce from Jorgenson Street to the boundary requested permission to hire a private contractor to put in bituminous surfacing for a permanent street improvement. The improvements would be paid by the property owners. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Beatty, to approve the project. Motion approved unanimously. Alderman Beatty moved that the Engineering Department keep a record of time spent on the project and bill the project for said amount of time and work involved. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty, and Mlinar and Mayor DeMeyer voting aye and Alderman Carls voting nay. (c) CONSIDERATION OF AUTHORIZING CITY STAFF TO SUBMIT A CONDITIONAL USE PERMIT FOR A FENCE ALONG SOUTH SIDE OF WASHINGTON AVENUE PURSUANT TO SCHOOL DISTRICT REQUEST The City Attorney stated the City would have to request a conditional use permit since it is city -owned property where the school wished to place a fence. The fence would be erected for safety reasons to protect school children, and the cost of the fence and maintenance would be paid by the school district. It was his opinion that placing a fence along the pro- posed area would not impair the area as a park. Following discussion, the motion was made by Alderman Mlinar to approve authorization to proceed with a public hearing on the required Conditional Use Permit for the proposed fence. The motion was seconded by Alderman Carls and carried unanimously. (d) CONSIDERATION OF RESERVING PARKING PLACE FOR LIQUOR STORE EMPLOYEE(S) (REQUESTED BY ALDERMAN TED BEATTY) Alderman Beatty commented on a proposal to reserve parking spaces behind the liquor store for employees to park. It was moved by Alderman Beatty to turn the request over to the Police De- partment for a study and recommendations along with the parking petition. Motion seconded by Alderman Gruenhagen and carried, with Aldermen Gruen- hagen, Beatty, and Mlinar voting aye and Alderman Carls and Mayor DeMeyer voting nay. (e) CONSIDERATION OF RECOMMENDATION OF INSURANCE CONSULTANT REGARDING AUTHORIZATION FOR BIDDING PROCEDURE, BID OPENING AND BID AWARD DATE City Administrator Plotz reported the insurance consultant from Risk Control, Inc. submitted a recommendation on the bidding procedure for insurance poli- cies. An advertisement for bids would be placed in the local newspaper -7- COUNCIL MINUTES APRIL 12, 1983 immediately and bids opened on June 21, 1983. The specifications would be available on or about April 15, 1983, and the award of bid would be made at the Council meeting of June 28, 1983. Alderman Gruenhagen made the motion to approve and authorize advertising for bids on June 21, 1983. Motion seconded by Alderman Carls and carried unanimously. (f) CONSIDERATION OF OLD PLOWMAN BUILDING CORNERSTONE In 1946 James Williams built the building now known as the old Plowman build- ing. One of his sons requested the cornerstone from the building when it is demolished for a parking lot. Following discussion, the motion was made by Alderman Beatty to give the cornerstone to the son of Mr. Williams. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (g) CONSIDERATION OF SPECIAL USE PERMIT FOR SWANKE MOTORS, INC. Swanke Motors requested continued use of the City boulevard fronting Wash- ington Avenue at the junction of Washington and Adams Street for a one-year period. Alderman Mlinar moved to approve and issue a special use permit to Swanke Motors. The motion was seconded by Alderman Carls and unanimously approved. (h) CONSIDERATION OF RUNNING EVENT ON JUNE 5, 1983 After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Carls, to approve the running event, contingent upon securing proper permission where private property is crossed. Motion approved unanimously. (i) CONSIDERATION OF ESTABLISHING DATE FOR ORGANIZATIONAL MEETING OF PUBLIC FACILITIES TASK FORCE COMMITTEE It was reported that the woman from precinct 5 will be unable to serve and must be replaced. Also, a representative of the Parks and Recreation Board should be included on the committee. A motion was made by Alderman Beatty to set the date for the organizational meeting for April 25, 1983 at 7:30 P.M. Motion seconded by Alderman Gruen- hagen and unanimously carried. Alderman Carls moved that the City Council appoint Mrs. Bob (Pat) Durfee as representative for precinct 5 and Mrs. Ron (Kathy) McGraw as a represen- tative from the Parks and Recreation Board. Motion seconded by Alderman COUNCIL MINUTES APRIL 12, 1983 V Mlinar and approved unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that it will be necessary for Jim Johnson to resign from the Planning Commission. He, therefore, recommended'adopt- ing a Resolution of Appreciation for Mr. Johnson. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to ap- prove and adopt a Resolution of Appreciation, with regrets. Motion carried unanimously. Mr. Plotz stated the Minnesota Council of Airports will hold its first an- nual meeting on April 28 and 29. The Chairman of the Airport Commission would like to attend the conference. The motion was made by Alderman Beatty to approve attendance at the meeting. Motion seconded by Alderman Mlinar and unanimously approved. It was reported that the Airport Zoning Board would be meeting April 14, 1983 at 7:30 P.M. in City Hall. All of the property owners in the area of the airport h ad been contacted and invited to attend the informational meeting. (b) COMMUNICATIONS FROM RUFUS ALEXANDER Mr. Rufus Alexander requested permission from the City to cross Library Square property with buried utility lines to service the area from First Avenue Southeast to Second Avenue Southeast. The estimated cost was $4,000. If the electrical lines were to go around the perimeter of the park, there would be an additional charge of $2,500. The $4,000 cost will be absorbed by the Hutchinson Utilities Commission. Following discussion, Alderman Beatty moved to approve the Utilities' pro- posed plan to cross Library Square as long as it does not interfere with library expansion to the west. Alderman Mlinar seconded the motion, and it unanimously carried. (c) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe requested authorization to advertise for bids for grad- ing, gravel base, surfacing, curb and gutter and appurtenances on the Bretzke parking lot. He recommended to open bids on May 4, 1983 at 2:00 P.M. Alderman Carls moved to authorize advertising for bids on May 4, 1983 for the Bretzke parking lot project. Motion seconded by Alderman Beatty and COUNCIL MINUTES APRIL 12, 1983 carried, with Aldermen Gruenhagen, Beatty, Carls, and Mlinar voting aye and Mayor DeMeyer voting nay. (d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the report received from the State Auditor. He also remarked about the 100 cities or towns in Minnesota that have some form of tax increment and thought perhaps it should be reviewed at a fu- tu r -e Council workshop. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Beatty moved to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Gruenhagen and carried, with Mayor DeMeyer abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:38 P.M. upon motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. -10-