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03-22-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 1983 1. CALL TO ORDER 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 Engineer Marlow V. Priebe, City Attorney James Schaefer, and City Ac- countant Kenneth B. Merrill. 2. INVOCATION The invocation was given by the Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of March 8, 1983 were approved as presented upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously ap- proved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR REDUCED REFUSE CHARGE BY AUGUSTA HANKE Following discussion, Alderman Gruenhagen moved to approve the reduced refuse charge. Motion seconded by Alderman Beatty and carried unanimously. (b) COMMENDING POLICE OFFICERS RON KIRCHOFF AND MIKE HOGAN FOR OUTSTANDING SERVICES Mayor DeMeyer read a letter from Fire Chief Orlin Henke in which he com- mended Sgt. Ronald Kirchoff and Officer Michael Hogan for their outstand- ing services beyond the call of duty at the time of a two car head-on col- lision. Through their efforts, they saved a life. It was moved by Alderman Mlinar, seconded by Alderman Carls, to adopt Resolutions No. 7357 and No. 7358, Resolution for Commendation of Serv- ices. Motion unanimously carried. (c) DISCUSSION OF ROBERTS RULES OF ORDER BY GAYLE WICK This item was deleted from the agenda. 4� 1 COUNCIL MINUTES MARCH 22, 1983 (d) COMMUNICATIONS FROM RESIDENT ON NORTH HIGH DRIVE Mayor DeMeyer read a letter from a resident on North High Drive in which she expressed concern for the safety of persons living at Burns Manor Nursing Home. The traffic is heavy and fast on this street, and it was suggested that it have a lower speed limit or have signs posted indicat- ing "slow - quiet zone." The letter was referred to the Police Department for review and a recom- mendation. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 3/83 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOTS 9 & 10, BLOCK 12, SOUTH HALF OF THE CITY OF HUTCHINSON The Chair stated it was his opinion that Ordinance No. 3/83, authorizing the sale of municipally owned property, was drafted after the fact and, therefore, the document and deed were null and void. Following several attempts by Council members to carry on discussion and being called "out of order," Alderman Mlinar moved to appeal the Mayor's ruling. The motion was seconded by Alderman Beatty and carried, with Ald- ermen Gruenhagen, Beatty, Carls and Mlinar voting aye. The Chair did not vote. City Attorney Schaefer stated that the question regarding the Ordinance pertained to the order of events as they occurred. It was his legal opin- ion that there was no question the Ordinance was valid. Both of the at- torneys for the purchasers of the Old Armory building had been contacted, and they were satisfied with the conditions as they exist. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive the second reading of Ordinance No. 657 and adopt it. The motion carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (b) 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 City Engineer Priebe reported the City had been notified that it would be necessary to restrict parking on the south side of Second Avenue SE be- tween Adams Street and HuxonnStreet to meet the requirements for municipal state aid streets. -2- COUNCIL MINUTES MARCH 22, 1983 Following discussion, the motion was made by Alderman Carl8 to waive the first reading of Ordinance No. 4/83 and set the second reading for April 12, 1983. Motion seconded by Alderman Beatty and unanimously approved. (c) RESOLUTION NO. 7352 - RESOLUTION FOR PURCHASE After discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 7352. The motion was seconded by Alderman Mlinar and carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL STATEMENT - FEBRUARY 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED FEBRUARY 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF PARKS AND RECREATION BOARD DATED FEBRUARY 2, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF TREE BOARD DATED FEBRUARY 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ARTHUR BENJAMIN SR. (DEFERRED FEBRUARY 22, 1983) Mr. Arthur Benjamin, Jr. discussed with the Council the two franchises to allow a loading dock and underground storage facility for Nemitz Paint, Wallpaper and Glass store. He specifically made reference to Section 2(C) in Ordinance 1/83 and expressed concern that any Council would be able to interfere with the business operation in the future. City Attorney Schaefer stated that after the adoption of the two Ordi- nances, Mr. Arthur Benjamin, Sr. would have 30 days in which to file with the City Clerk his written acceptance of the Ordinances and the conditions. stated. -3- COUNCIL MINUTES MARCH 22, 1983 Following discussion, Alderman Beatty moved to approve and enter into a franchise agreement between the City of Hutchinson and Arthur Benja- min Sr. for a period of 20 years. Motion seconded by Alderman Gruenhagen and unanimously carried. Alderman Beatty made the motion to waive the first reading of Ordinance No. 1/83 entitled An Ordinance Granting Permission to Arthur Benjamin, Sr. Doing Business In the City of Hutchinson, Minnesota, to Operate and Main- tain A Below Ground Storage Area On First Avenue Southwest In the City of Hutchinson and set the second reading for April 12, 1983. Motion seconded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to waive the first reading of Ordinance No. 2/83 entitled An Ordinance Granting Per- mission to Arthur Benjamin, Sr., Doing Business In the City of Hutchinson, Minnesota, to Operate and Maintain A Loading Ramp Within the Street Right - of -Way on Franklin Street In the City of Hutchinson and set the second reading for April 12, 1983. Motion unanimously approved. (b) DISCUSSION OF ORDINANCE REGARDING TRANSIENT MERCHANTS (REQUESTED BY JOHN BRINKMAN) (DEFERRED FEBRUARY 22, 1983) After discussion, the motion was made by Alderman Beatty to defer this item to one of the two scheduled City Council Workshops. Alderman Mlinar seconded the motion, and it was approved unanimously. (c) CONSIDERATION OF GUIDELINES FOR CITY COUNCIL PROCEEDINGS It was the Mayor's opinion that Alderman Mlinar's comments on the proposed guidelines did not address the municipality, and he ruled it out of order. After discussion, Alderman Carls moved to appeal the Mayor's ruling. Mo- tion seconded by Alderman Beatty and carried with a 4-0 vote, with the Chair not voting. The question was raised if the Chair had the power to declare an ordinance or agenda item null or void and if it was necessary to appeal his ruling before the Council members could address the issue. The City Attorney re- sponded that the procedure followed was correct. When the Chair makes a ruling, it must be appealed and seconded, with a vote of all non -Chair mem- bers. The Mayor stated he was following Section 100, Subd. 2 of the City Ordinance Book. Following discussion, Alderman Beatty instructed the City Attorney to in- vestigate the action of the Mayor declaring an ordinance (agenda item 6-a) and agenda item (8-c) as "out of order." Motion seconded by Alderman Mlinar and unanimously carried. -4- COUNCIL MINUTES MARCH 22, 1983 Alderman Beatty moved that the guidelines question be made an agenda item for the City Council Workshop. Alderman Mlinar seconded the motion, and it was unanimously approved. (d) REVIEW OF QUESTIONS SUBMITTED TO COUNCIL ON FEBRUARY 14, 1983 BY PAT MIKULECKY, TOM STIBAL, GAYLE WICK, AND HELGA NEILSON (REQUESTED BY ALDERMAN JOHN MLINAR) (DEFERRED MARCH 8, 1983) Alderman Mlinar addressed the questions presented to the Council by the four authors on February 14, 1983, and he presented an answer to each is- sue. (e) CONSIDERATION OF FRANKLIN STREET IMPROVEMENT City Engineer Priebe requested the Council to reconsider the street im- provement on Franklin Street. Following discussion, Alderman Beatty moved to direct the City Engineer to prepare a cost esti"j to or both temporary and permanent streets in the area of Franklin Southwest to Second Avenue.and report to the next Council meeting. Alderman Carls second the motion and unanimously carried. RECESS; Alderman Carls moved to recess for 10 minutes at 9;35 P.M. Motion seconded by Alderman Beatty and unanimously approved. (f) CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS FOR 1983 IMPROVEMENT PROJECTS AND ADVERTISE FOR BIDS The City Engineer reported on the plans and specifications for approved 1983 improvement projects. It was recommended that the bids be opened on April 25, 1983 at 2:00 P.M. After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve the plans and specifications. Motion approved unani- mo us ly . Alderman Beatty made the motion, seconded by Alderman Carls, to waive reading and adopt Resolution No. 7353 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Motion carried unanimously. (g) CONSIDERATION OF APPOINTMENTS TO PUBLIC FACILITIES COMMITTEE (DEFERRED FEBRUARY 8, 1983) The two Council representatives and City Administrator recommended names of appointees to the Public Facilities Committee. Mayor DeMeyer voiced -5- COUNCIL MINUTES MARCH 22, 1983 an objection to appointing individuals living outside the city limits who are not voters of the city. He felt the final decision on this is- sue should be made by tax payers within the city limits. After discussion, Alderman Beatty moved that the Council approve the names under the Areas of Industry and Commerce and Other Representation from which these people are selected to participate and instruct the City staff to contact the people invited, with the exception of those living outside the corporate limits, who are to be replaced by someone within the city limits. Motion seconded by the Chair. Alderman Beatty moved to amend the motion to exclude the Police Chief from inclusion in the previous motion of those to be removed from the list. The Chair seconded the motion, and it carried with Aldermen Beatty and Carls and Mayor DeMeyer voting aye, and Aldermen Gruenhagen and Mlinar voting nay. Alderman Beatty made the motion to recommend a budget of $3,000.00 from the contingency fund to cover operating expenses of the committee. Mo- tion seconded by Alderman Carls. Following discussion, the motion was amended by Alderman Beatty that the budgeted $3,000.00 be taken from the revenue sharing funds. Motion seconded by Alderman Carls and unanimously approved. It was pointed out that two women had been removed from the list of com- mittee members. Alderman Carls moved that the City Administrator make sure that of the five replacements, at least two are female. Motion sec- onded by Alderman Gruenhagen and carried unanimously. It was moved by Alderman Carls, seconded by Alderman Mlinar, that the City Administrator extend an invitation to five women residing in each of the five precincts in town to be added to the committee. Motion ap- proved unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to accept the staff recommendation of accounts to have discontinued service at 12:00 noon on March 28, 1983. Motion carried unanimously. (b) CONSIDERATION OF 1983 PLANNING DATA BY HANSEN, THORP & PELLINEN INC. City Engineer Priebe reported that the cost for section breakdowns by Hansen, Thorp & Pellinen would not exceed $1,300.00, which was a budgeted item. COUNCIL MINUTES MARCH 22, 1983 Following discussion, Alderman Gruenhagen moved to approve the firm. Motion seconded by Alderman Beatty and approved unanimously. (c) CONSIDERATION OF RESOLUTION TO ALLOW FOR PROPERTY SPLIT FOR DARREL BECKER The property being considered for a lot split is located both within the City and township. It was the recommendation of the County Zoning Admin- istrator that the property go under the jurisdiction of the City regula- tions. City Engineer Priebe stated there would be no further considera- tion of continuing Keith Street, now known as Neal Avenue, through this property. After discussion, it was moved by Alderman Beatty to approve the split of the property. Motion seconded by Alderman Gruenhagen and unanimously car- ried. Alderman Gruenhagen moved to waive reading and adopt Resolution No. 7356 entitled Resolution Granting Permission Under Section 1.70 of Subdivision Ordinance No. 466 to Allow the Sale of Property By Metes and Bounds. Ald- erman Beatty seconded the motion, and it carried unanimously. (d) CONSIDERATION OF ESTABLISHING DATE OF MAY 6, 1983 FOR BOARD OF REVIEW Following discussion, Alderman Gruenhagen made the motion to approve the date of May 6, 1983 at 10:00 A.M. for the local Board of Review. Motion seconded by Alderman Mlinar and unanimously approved. (e) CONSIDERATION OF APPLICATION FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES: 1. AMERICAN LEGION POST 496 2. CROW RIVER COUNTRY CLUB 3. HUTCHINSON ELKS LODGE 4. V.F.W. POST NO. 906 City Attorney Schaefer made reference to the March 1983 edition of Minne- sota Cities in which an article appeared regarding liquor licenses and the dram shop law. He stated that effective March 1, 1982 every person licensed to sell at retail intoxicating liquor or non -intoxicating malt liquor at on -sale or off -sale shall demonstrate proof of financial respon- sibility. The state statute exempted from the insurance provision beer and wine licenses with sales of less than $10,000.00 annually. It was the suggestion of the City Attorney that the applicants be required to provide proof of financial responsibility through a certificate of in- surance listing the policy number, base amount of policy, and the insurer. The applicants of a beer or wine license, with under $10,000.00 annual business, should provide an affidavit by the owner that the amount is under $10,000.00 and a letter from the applicant's accountant stating -7- COUNCIL MINUTES MARCH 22, 1983 that sales in the preceding year did not exceed $10,000.00. The City Clerk would submit it to the Liquor Control Division. Mayor DeMeyer commented the provision should be included that the insur- ance policy should not be terminated without notifying the city. After discussion, Alderman Carls moved to approve the applications for Club On -Sale Liquor Licenses and authorize the issuance of licenses, with the consideration given to the City Attorney's and Mayor's comments on conditions as recorded on the cassette tape of the meeting. Motion seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF APPLICATION FOR RENEWAL OF ON -SALE INTOXICATING LIQUOR LICENSES 1. T. L. SCALAWAGS, INC. 2. VELVET COACH, INC. 3. TIMOTHY O'TOOLE'S PUB 4. LEBISTRO CAFE Following discussion, it was moved by Alderman Beatty to approve the On - Sale Intoxicating Liquor License applications and issue licenses, with the same stipulations as stated in item 9-e. Alderman Gruenhagen seconded the motion, and it unanimously carried. (g) CONSIDERATION OF APPLICATION FOR RENEWAL OF ON -SALE WINE LICENSE 1. GOLD COIN CHINESE RESTAURANT City Attorney Schaefer pointed out that the statute exempts from the in- surance requirement beer and wine licenses with sales of less than $10,000 annually. However, the City can make the requirements more stringent than what the State law requires. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to grant the On -Sale Wine License under the same condi- tions as the other groups,requiring a certificate of insurance for beer and wine. Motion approved unanimously. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GEORGE THELEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. George Thelen requested a Conditional Use Permit to allow the construc- tion of a convenience grocery/gas store in a C-4 zone. Following discussion, Alderman Gruenhagen moved to approve the Conditional Use Permit. Motion seconded by Alderman Beatty and carried unanimously. Ma COUNCIL MINUTES MARCH 22, 1983 It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7354 entitled Resolution Granting Con- ditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction Of A Grocery/Gas Convenience Store. Motion unani- mously approved. (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY GEORGE THELEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, CONTINGENT UPON STAFF RECOMMENDATIONS Mr. George Thelen requested a variance to allow the construction of the proposed grocery/gas convenience store with a five foot setback from the rear property line rather than the 15 foot setback required. It was recom- mended to approve the variance, contingent that the 101.5 feet average depth and 114 feet width meet the parcel size requirements, all black - topped area meet city requirements for blacktopped parking lots, and the city draft easement to the alley as shown on the site plan. Following discussion, the motion was made by Alderman Beatty to approve the variance with the contingencies. Motion seconded by Alderman Mlinar and unanimously carried. Alderman Beatty moved to waive reading and adopt Resolution No. 7355 en- titled Resolution Granting Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 to Allow Construction of Food and Fuel Structure with Setback. The motion was seconded by Alderman Carls and approved unani- mously. (j) CONSIDERATION OF REQUEST FOR ZONING RECLASSIFICATION SUBMITTED BY LARRY SORENSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Larry Sorenson requested to rezone property located at 305 Bluff Street from C-2 to IC -1. After discussion, Alderman Mlinar made the motion to approve the rezon- ing. Motion seconded by Alderman Beatty and carried unanimously. It was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive the first reading of Ordinance No. 5/83 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson And the Official Zoning Map and set the second reading for April 12, 1983. Motion carried unanimously. (k) CONSIDERATION OF ANNUAL REVIEW OF COMPREHENSIVE PLAN WITH FAVORABLE APPROVAL FROM PLANNING COMMISSION City Engineer Priebe reviewed the City's Comprehensive Plan. He explained proposed future developments, although no changes were made on the map. COUNCIL MINUTES MARCH 22, 1983 The motion was made by Alderman Mlinar, seconded by Alderman Pruenhagen, to approve the report. Motion unanimously approved. (1) CONSIDERATION OF REVISED PRELIMINARY PLAT FOR WOOD VIEW ACRES AS SUBMITTED BY DENNIS ALBERTSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported that the word "Oak" was deleted from the plat name and proposed streets. The new name of "Wood View Acres" and proposed street names were approved by the Planning Commission. Following discussion, Alderman Carls moved to approve the preliminary plat for Wood View Acres. The motion was seconded by Alderman Gruenhagen and unanimously carried. (m) CONSIDERATION OF PREPARING SPECIFICATIONS AND ADVERTISING FOR BIDS: 1. MID-SIZE PICKUP WITH PLOW 2. COMPACT SIZE STATION WAGON 3. PAINT WATER TOWER AT SOUTH PARK After discussion, it was moved by Alderman Mlinar to approve preparing specifications and authorize advertising for bids. Motion seconded by Alderman Gruenhagen and carried unanimously. (n) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL SUBMITTED BY JIM MCCLURE FOR LEBISTRO RESTAURANT After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty, to approve the cigarette license for LeBistro Cafe. Motion approved unanimously. (o) CONSIDERATION OF PURCHASE OF A LAWN GENIE FOR PARK DEPARTMENT Following discussion, Alderman Carls moved to approve the purchase of a lawn genie in the amount of $1,895.00 from Minnesota Toro, Inc. Motion seconded by Alderman Mlinar and unanimously carried. (p) CONSIDERATION OF 1983 DUTCH ELM DISEASE PROGRAM City Forester Mark Schnobrich reported on the 1983 Dutch elm disease pro- gram and how it has changed in recent years. It was moved by Alderman Mlinar, seconded by Alderman Gruenhagen, to ap- prove the program and advertise for bids to be opened April 4, 1983 at 1:30 P.M. Motion unanimously approved. -10- COUNCIL MINUTES MARCH 22, 1983 (q) CONSIDERATION OF PURCHASING A GRASS SEEDER It was the recommendation of the Parks and Recreation Department to pur- chase an Olathe 642 aerator and 1642 seeder from Minnesota Toro, Inc. in the amount of $1,815.00. After discussion, the motion was made by Alderman Gruenhagen to approve the purchase. Motion seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported that the City has attempted to collect a double payment from Snyder Bros. Tree Service for the past two years. He requested authorization to initiate a collection action against them. Alderman Beatty moved to approve and authorize the City Attorney to pursue collection. Motion seconded by Alderman Carls and unanimously approved. (b) COMMUNICATIONS FROM ALDERMAN GRUENHAGEN Alderman Gruenhagen stated that he felt some special recognition should be given to the two police officers mentioned in agenda item 5-b for their heroic act. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, that the City Administrator and Police Chief deter- mine an appropriate meritorious award for the two police officers and re- port back to the Council regarding this matter. Motion carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Carls moved to approve the claims and authorize payment from the appropriate funds. Motion seconded by Alderman Mlinar and carried, with the Chair abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:00 P.M. upon motion by Alderman Mlinar, seconded by Alderman Carls and unanimously carried. -11-