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05-09-1978 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 9, 1978 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following Council members present: Aldermen Westlund, Gruenhagen, and K. Peterson, in addition to Mayor Black. Absent: Alderman B. Peterson. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Howard Jones. 3. MINUTES The minutes of the Regular Meeting dated April 25, 1978 and Special Meetings dated April 27, 1978 and May 9, 1978 were unanimously approved upon motion by Alderman K. Peterson, and seconded by Alderman Westlund. 4. PUBLIC HEARING (a) SEWER AND WATER SERVICE FOR WALLER'S SUB -DIVISION (WALLER DRIVE) City Engineer/Public Works Director Priebe reported that the above project is not ready for a public hearing to be held at this time and recommended setting a new hearing date. It was moved by Alderman Westlund to set a new public hearing date of June 13, 1978, 8:00 P.M. Seconded by Alderman Gruenhagen, the motion unan- imously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR GEORGE FIELD TO ATTEND MINNESOTA STATE FIRE SCHOOL ON MAY 19-21, 1978 After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Westlund, to approve the request of George Field to attend the Minnesota State Fire School. Motion unanimously carried. (b) CONSIDERATION OF REQUEST BY GEORGE FIELD TO ATTEND HAZARDOUS MATERIALS SAFETY SEMINAR ON MAY 10-11, 1978 After discussion, it was moved by Alderman K. Peterson to approve the re - It quest of George Field to attend the Hazardous Materials Safety Seminar. Seconded by Alderman Gruenhagen, the motion unanimously carried. ' Council Minutes May 9, 1978 (c) CONSIDERATION OF REQUEST FOR HAZEL SITZ AND KEN MERRILL TO ATTEND MINNESOTA TRANSIT CONFERENCE ON MAY 11-12, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the request of Hazel 'Sitz and Ken Merrill to attend the Minnesota Transit Conference. Motion unanimously carried. (d) CONSIDERATION OF REQUEST FOR PARADE PERMIT BY AMERICAN LEGION POST 96 FOR MAY 29, 1978 Following discussion, it was moved by Alderman Westlund to approve the parade permit for the American Legion Post 96 for May 29, 1978. Seconded by Alder- man Gruenhagen, the motion unanimously cArried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 8/78 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN CITY OF HUTCHINSON AND OFFICIAL ZONING MAP The motion was made by Alderman Westlund to waive the second reading and adopt Ordinance No. 564 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations in City of Hutchinson and Official Zoning Map. Seconded by Alderman Gruenhagen, the motion unanimously carried. (b) ORDINANCE NO. 9/78 - AN ORDINANCE TO VACATE UTILITY AND DRAINAGE EASEMENTS ON LOTS 1 AND 2 OF BLOCK 1, ALONG LOT LINE COMMON TO SAID LOTS, IN ALBERT'S FIRST ADDITION The motion was made by Alderman Westlund to waive second reading and adopt Ordinance No. 565 entitled An Ordinance to Vacate Utility and Drainage Ease- ments on Lots 1 and 2 of Block 1, Along Lot Line Common to Said Lots, in Albert's First Addition. Seconded by Alderman K. Peterson, the motion unani- mously carried. (c) RESOLUTION NO. 6121 - RESOLUTION FOR M.S.A. ADVANCED FUNDING FOR 1978 SCHOOL ROAD PROJECT It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 6121 entitled Resolution for M.S.A. Advanced Funding for 1978 School Road Project. Motion unanimously carried. (d) RESOLUTION NO. 6089 - SPECIFICATIONS AND DIRECTIONS FOR NUMBERING BUILDING ADDRESS (DEFERRED FEBRUARY 14, 1978) Alderman Westlund made the motion to defer Resolution No. 6089 to the next meeting to allow more time for review. Seconded by Alderman K. Peterson, it the motion unanimously carried. -2- Council Minutes May 9, 1978 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - APRIL 1978 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF DOWNTOWN DEVELOPMENT COMMITTEE DATED MAY 2, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED MAY 4, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PARK AND RECREATION BOARD DATED MAY 3, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF BID RECOMMENDATIONS BY CITY ENGINEER (DEFERRED APRIL 25, 1978) 1. PROJECT 78-03 - STORM SEWER IMPROVEMENTS 2. PROJECT 78-04 - SEWER AND WATER IMPROVEMENTS City Engineer/Public Works Director Priebe reported that the two above- named projects were deferred until the City bond consultant had been con- tacted to determine if the bonding level can be increased this year. Juran & Moody gave the City an affirmative response. Mayor Black commented he had received several comments regarding Project 78-03 in the Shady Ridge Area. He referred to the project improvements schedule and pointed out that it calls for an early improvement of Shady Ridge Road for curb and gutter and bituminous surfacing. He questioned if this would not put a heavy burden on the people. He wondered if the City Council would agree not to proceed with permanent street improvements for a reasonable time or until requested by property owners once the storm sewer improvements have been completed. He stressed, however, that one City Council cannot bind future City Councils on a policy. Bob Carney - Sees no real need for the type of street pro - Shady Ridge posed for this area. Most of the people are It not objecting to a storm sewer, but they do not want permanent streets. Inquired why -3- Council Minutes May 9, 1978 Shady Ridge Circle is not included in the plan. Asked how the storm sewer will be assessed. Don Glas - Remarked the street is inevitable. Residents Shady Ridge Road might want a street 10 to 15 years from now. The storm sewer is agreeable to him, but he can't go along with several assessments within a short period of time. Taxation is already high in the area. Dick McClure - He has lived on Shady Ridge Road for almost 30 Shady Ridge Road years. He feels many of the drainage problems have been created by the people themselves. Commented that curb and gutter would put a bur- den on the people. Questioned if the Shady Ridge Road would be moved over to the east when the storm sewer is put in. Commented on the last contractor hired by the City who put in the sanitary sewer in the Shady Ridge area. It was the consensus of the Council that they would not proceed with street improvements in the Shady Ridge Area for a reasonable period of time. Alderman Westlund made the motion to approve Project 78-03 and Project 78-04 and authorize the City Engineer to enter into contract. Alderman Gruenhagen seconded the motion, Motion carried, with Alderman K. Peterson abstaining. (b) CONSIDERATION OF BID RECOMMENDATIONS BY CITY ENGINEER (DEFERRED MAY 9, 1978) 1. PROJECT 78-01 (M.S.A.P. 133-117-03) 2. PROJECT 78-01 & 78-02 3. STONEY POINT ADDITION 4. AERIAL BUCKET 5. TREE AND STUMP REMOVAL 1. After discussion, it was moved by Alderman Westlund to approve the City Engineer's recommendation and enter into contract with low bidder, Buf- falo Bituminous of Buffalo, Minnesota, in the amount of $272,156.92, for construction of curb and gutter, bituminous surfacing, sidewalk and ap- purtenances on School Road from Roberts Road to T.H. No. 7. Seconded by Alderman Gruenhagen, the motion carried. Alderman K. Peterson ab- stained from voting. It 2. After discussion, it was moved by Alderman Westlund to approve the City Engineer's recommendation for Project 78-01 & 78-02 and enter into -4- Council Minutes May 9, 1978 contract with low bidder, Atkinson Blacktop of Litchfield, Minnesota, in the amount of $154,188.90, for construction of curb and gutter, bituminous surfacing, sidewalk and appurtenances on School Road, Roll- ing Oaks Service Road and other locations. Seconded by Alderman Gruen- hagen, the motion carried. Alderman K. Peterson abstained from voting. 3. Following discussion, it was moved by Alderman Westlund to defer the Stoney Point Addition Project until the developer can provide sufficient method of cash escrow. Seconded by Alderman Gruenhagen, the motion car- ried unanimously. 4. Following discussion, Alderman Westlund made the motion to defer award- ing contract for bids on the truck mounted aerial bucket to provide more time for review of the bids. Seconded by Alderman Gruenhagen, the mo- tion unanimously carried. 5. After discussion, it was moved by Alderman Westlund to accept the low bid of Hutchinson Landscaping, Hutchinson, for tree and stump removal in the amount of $18,100.00; $ .95 per inch for private stump removal and $ .65 per inch for public stump removal. Seconded by Alderman K. Peterson, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF REPRINTING CITY PERSONNEL POLICY After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Gruenhagen, to waive reading and adopt Resolution No. 6099 entitled A Resolution to Establish A Basic Personnel Policy for City of Hutchinson. Motion carried unanimously. (b) CONSIDERATION OF PERMANENT APPOINTMENT OF STANLEY KOEHLER Following discussion, Alderman Westlund made the motion to approve the permanent appointment of Stanley Koehler. Seconded by Alderman Gruenhagen, the motion unanimously carried. (c) CONSIDERATION OF REQUEST TO REVISE ORDINANCE NO. 557 BY HUTCHINSON SAFETY COUNCIL Discussion was given to Ordinance No. 557 adopted February 27, 1978 which established no parking areas on Roberts Road. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to refer the request of the Hutchinson Safety Council to Chief of Police O'Borsky for review and a recommendation. Motion unanimously carried. -5- Council Minutes May 9, 1978 (d) CONSIDERATION OF APPLICATION FOR RETAIL "OFF -SALE" MALT LIQUOR LICENSE BY INDEPENDENT OIL (DBA GAS HUTCH & DISCOUNT DAIRY STORE) Alderman Westlund made the motion that with the recommendation of Chief of Police O'Borsky to approve the application, the license for an "Off - Sale" Malt Liquor be issued to the Gas Hutch & Discount Dairy Store. Seconded by Alderman Gruenhagen, the motion unanimously carried. (e) CONSIDERATION OF LETTER CONCERNING TAXATION OF MEDICAL OFFICE BUILDING A letter and resolution were received from the Hutchinson Community Hospital Board of Directors indicating why the Medical Office Building should be under a tax-free status. They were recently informed by the McLeod County Assessor's Office that portions of the Medical Clinic under lease by physi- cians would be placed on the tax assessment rolls for the City of Hutchin- son. Mayor Black remarked that three years ago when the Medical Office Building was being considered,all the ramifications involved with it were discussed. It was pointed out at that time there was the possibility of taxation, and all parties concerned were aware of this probability. Inasmuch as the Med- ical Office Building produces revenue, there is no reason why it should not be taxed. The City pays taxes on all other City -owned properties which are revenue producing. Although the letter is addressed to the City Council, they have no authority over the area of real estate taxation. Therefore, no action is necessary on this matter. (f) CONSIDERATION OF EMPLOYMENT OF THREE LIQUOR STORE EMPLOYEES: 1. GILBERT HAMMER - FULL TIME CLERK 2. JOYCE NELSON - PART TIME CLERK 3. THOMAS WIPRUD - PART TIME CLERK It was moved by Alderman Westlund to approve the employment of the three above-named liquor store employees, with Gilbert Hammer beginning employ- ment May 4, 1978, and Joyce Nelson and Thomas Wiprud beginning employment on May 10, 1978. Seconded by Alderman Gruenhagen, the motion unanimously carried. (g) CONSIDERATION OF APPROVAL OF SPECIFICATIONS FOR MAINTENANCE WORK ON WATER TOWER IN SOUTH PARK After discussion, it was moved by Alderman K. Peterson to approve the spe- cifications for maintenance work on the Water Tower in South Park and set it the bid opening date for June 5, 1978 at 2:00 P.M. Seconded by Alderman Gruenhagen, the motion carried unanimously. Council Minutes May 9, 1978 (h) CONSIDERATION OF RECREATION SUMMER PROGRAM EMPLOYEES After discussion, it was moved by Alderman Westlund to approve the employ- ment of Mary Weis, Peter Skeie, Judy Anderson, Lee Fratzke, Mike Getzke, and Allan Koglin for the recreation summer program. Seconded by Alderman Gruenhagen, the motion unanimously carried. (i) CONSIDERATION OF RECOMMENDATION BY COMMUNITY DEVELOPMENT ADVISORY COMMITTEE TO MAKE OFFERS ON ELDERLY SITE Administrative Assistant Plotz reported that HUD has approved the sites being considered for location of the high rise. Also, the appraisal guide- lines have been followed and all property owners have been contacted re- garding acquisition. Purchase offers will be made to the property owners after the proper resolutions are adopted by the City Council. Each party involved will be given 60 days, and preferably 30 days, from the point of making the offer to give a decision on selling. Any demolition costs would be paid for from the HUD grant. City Attorney Schantzen pointed out that each purchase of property would be subject to the City being able to acquire all the properties in the site. Also, he stressed the need to get a good title to all of the property. All of the following motions were made contingent upon the City being able to acquire all the properties located in the selected site. After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6122 entitled Resolution Establishing Just Compensation for Lots 1 & 2, Block 15, South Half of City. Seconded by Alderman Gruen- hagen, the motion unanimously carried. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6123 entitled Resolution Establishing Just Compensation for Lots 9 & 10, Block 15, South Half of City. Seconded by Alderman Gruenhagen, the motion unanimously carried. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6124 entitled Resolution Establishing Just Compensation for Lot 8, Block 15, South Half of City. Seconded by Alderman Gruenhagen, the motion unanimously carried. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6125 entitled Resolution Establishing Just Compensation for Lots 6 & 7, Block 15, South Half of City. Seconded by Alderman Gruenhagen, the motion unanimously carried. (j) CONSIDERATION OF APPOINTMENTS TO LIBRARY BOARD: IF 1. JOHN HORROCKS 2. ELAINE CLAY 3. PAUL BERG -7- Council Minutes May 9, 1978 Mayor Black re -appointed John Horrocks and Elaine Clay for a three-year period, and appointed Paul Berg to replace Jay Alrick on the Library Board for a three-year term. It was moved by Alderman Westlund to ratify the appointments of John Horrocks, Elaine Clay, and Paul Berg to the Library Board. Seconded by Alderman Gruen- hagen, the motion unanimously carried. (k) CONSIDERATION OF REPLACEMENT OF TENNIS NETS ON HIGH SCHOOL TENNIS COURTS The Hutchinson Public Schools has requested the City to assist in replacing eight tennis nets on the high school tennis courts at an approximate cost of $600. After discussion, it was moved by Alderman K. Peterson to authorize the City to pay one-half the cost, specifically $300 of the $600 expense for replace- ment of eight tennis nets, from the contingency fund. Seconded by Alderman Westlund, the motion unanimously carried. (1) CONSIDERATION OF RECOMMENDATION BY PARK AND RECREATION BOARD TO APPROVE HUTCHINSON TENNIS ASSOCIATION PROJECT Mr. Neil Jensen appeared before the Council to represent the Hutchinson Ten- nis Association. He explained the Association's project of resurfacing and fencing the elementary tennis courts located in North Park. The cost of the project is to be borne by the Association, with no expense to either the City or School District #423. It was the consensus of the Council to cooperate with the Hutchinson Ten- nis Association, subject to all contracts for work performed to be reviewed by City Attorney Schantzen. The motion was made by Alderman K. Peterson to waive reading and adopt Res- olution No. 6126 entitled Resolution Authorizing Hutchinson Tennis Associa- tion to Resurface and Fence Elementary Tennis Courts In North Park of City. Seconded by Alderman Westlund, the motion unanimously carried. (m) CONSIDERATION OF BURGLAR ALARM CONTRACT RENEWAL The contract with Electro -Watchman, Inc. for a burglar alarm system in the Municipal Liquor Store is up for renewal. The contract covers a one- year period at a rate of $300, payable quarterly. After discussion, it was moved by Alderman Westlund to approve renewal of the contract with Electro -Watchman, Inc. for a one-year period at $300. Seconded by Alderman Gruenhagen, the motion unanimously carried. Council Minutes May 9, 1978 (n) CONSIDERATION TO PLACE WALL SIGN ON OLD ARMORY BUILDING The "Seniors Activity Center" Advisory Board at their first meeting of May 4, 1978, discussed the need for a wall sign above the front door of the Old Armory. The sign would read "Senior Activity Center." The con- struction cost of the sign will be borne by the Community Service Board for the Elderly, with no cost to the City except for installation by the City crew. After discussion, it was moved by Alderman K. Peterson to approve the re- quest for a wall sign and waive the sign permit fee. Seconded by Alderman Westlund, the motion unanimously carried. (o) CONSIDERATION OF SPECIFICATIONS FOR VACUUM MACHINE AND SEWER JET After discussion, it was moved by Alderman Westlund to approve the speci- fications for a vacuum machine and sewer jet and set the letting date for June 5, 1978 at 2:00 P.M. Seconded by Alderman Gruenhagen, the motion unani- mously carried. (p) CONSIDERATION OF ATTENDING ANNUAL CONFERENCE - LEAGUE OF CITIES Administrative Assistant Plotz reported that four individuals who attended the Annual Conference for the League of Cities in 1977 will not be attend- ing this year. Therefore, he requested Kenneth Merrill be permitted to at- tend the full conference, and Hazel Sitz and Ralph Neumann attend the ses- sions on Friday only, with topics of special interest to them on that day. After discussion, it was moved by Alderman Westlund, seconded by Alderman K. Peterson, to approve the attendance of Kenneth Merrill, Hazel Sitz and Ralph Neumann to the Annual Conference of the League of Cities on the days stated above. Motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported the audit reports will be received by the City this week. The auditors would like to make a presentation of the report so it is necessary to determine a date and time. It was decided to schedule a luncheon meeting at City Hall on May 30, 1978, and invite the auditors to attend. The Downtown Development Committee at their meeting last week took a posi- tion that there should be a stronger commercial/retail element to the pro- posed plan of the A & P Group. Mr. Clarence Simonowicz and Mr. Plotz re- ported this information to Mr. Alfred Albert and gave the A & P Group 60 days in which to come up with a revised and stronger plan. Council Minutes May 9, 1978 The Council was reminded that the Board of Review will convene at 10:00 A.M. on Friday, May 19, 1978, to hear the public regarding property assessments. A meeting was held with Ron McGraw and Don Falconer to review the appraisals representing six of the seven properties involved in the elderly site. Mr. Plotz met with Mrs. Sophie Jenike today. A delegation from Hutchinson, Kansas will be visiting the community on Wed- nesday, May 10, 1978, and a reception in their honor will be held at the Crow River Country Club in the evening. Mr. Plotz reported he had asked Brian Buchmayer to compile some facts re- garding the Day Activity Center and figures on retarded students in the nine school coop. Out of the total 99 EMR students, 52 are from Hutchinson and 24 from Glencoe; only one is from Winsted. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black commented on the study of electrical rates conducted in Hutchin- son and various other cities in southwestern Minnesota. He noted that Hutch- inson ranked seven out of 13. (c) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe presented the following estimates for putting in handicap ramps in front of City Hall and the Police Station: $182 Remove step section in front of Police Station and have slope to sidewalk from stoop $178 Slope from step in front of City Hall Lobby to sidewalk (does not meet State criteria) $256 Remove existing stoop and have slope to sidewalk $381 Remove 4 ft. section of sidewalk After discussion, it was moved by Alderman Westlund to authorize the expen- diture of $360 ($182 for Police Station and $178 for City Hall Lobby) for handicap ramps at City Hall and Police Station as bid by Hanson Construction Co. Seconded by Alderman Gruenhagen, the motion unanimously carried. Mr. Priebe reported that the county level situation came up today. The sketch plan for a plat had gone to the township and Planning Board, but they tabled it and referred it back to the City inasmuch as they had not seen it. He wondered if a policy could be adopted which would provide for the City receiving a sketch plan for review and action before it goes to the County Board. -10- Council Minutes May 9, 1978 It was moved by Alderman Westlund to transfer the aforementioned informa- tion to the County Board by letter. Seconded by Alderman Gruenhagen, the motion unanimously carried. (d) COMMUNICATIONS FROM ALDERMAN K. PETERSON Alderman K. Peterson presented a letter of resignation to be effective May 22, 1978. She explained that due to a conflict of interest, it is nec- essary for her to resign from the City Council. Mayor Black and the other Council members expressed their regrets that she would no longer be on the Council. The letter of resignation will be ac- cepted at the next Council meeting on May 23, 1978. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to ap- prove the verified claims and authorize payment from the appropriate fund. Motion unanimously carried. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 9:30 P.M. upon motion by Alderman Westlund, seconded by Alderman Gruen- hagen, and unanimously carried. -11-