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02-08-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 8, 1977 1. CALL TO ORDER The meeting was called to order by Mayor Black at 7:32 P.M. with the follow- ing members present: Aldermen Westlund, B. Peterson, Haag, and K. Peterson in addition to Mayor Black. Members absent: None. Also present were: Ad- ministrative Assistant Plotz, City Engineer Priebe, Community Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Germain P. Rademacher of the St. Anastasia Catholic Church. 3. MINUTES On motion by Alderman Haag, seconded by Alderman K. Peterson, the minutes of the Regular Meeting of January 25, 1977 were unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REQUEST FOR BUILDING PERMIT REFUND FOR TOM SAVAGE Alderman Haag raised a question and wondered if Mr. Savage would be charged for these fees again by the township or county. Mayor Black replied that the Building Inspector had spent considerable time review- ing this matter and that the City has already paid the state fee, which is not refundable. After discussion, it was moved by Alderman Westlund, seconded by Alder- man B. Peterson, to approve the refund of $275 to Mr. Tom Savage with the recommendation of the Building Official. Motion carried unanimously. (b) REQUEST FOR REIMBURSEMENT TO THAW FROZEN WATER PIPES UNDER CITY STREET Mayor Black introduced the topic of frozen water pipes and called upon Donald J. Cady of 318 Alan Street to appear before the Council. At this time Mr. Cady presented his problems of frozen water pipes under the street. He told the Council he is not seeking a decision at this meeting; they can discuss the issue and give him an answer at a later time. Council Minutes, February 8, 1977 The City Engineer was called upon by the Mayor for comments. City En- gineer Priebe responded that the extreme cold weather and deep frost are causing the problems. Some of the lines that are frozen have crossed the street and some haven't but are still beyond the shut-off. Still other lines are beyond the shut-off and main. He further commented that cold air was blowing into the line, which is a new experience to him. City Engineer Priebe pointed out that some businesses have had problems with frozen lines twice. The frost is going down in the ground and will continue downward before it comes out of the ground. Mayor Black explained that the service from the main itself and into the house is the responsibility of the owner. Risers are put on for deep sewers (15 feet deep) and brought into the owner's house at a grad- ual grade. This year's difficulties with frozen lines are unique due to weather conditions and make it difficult to determine whether the freeze is from the main and into the shut-off valve. He further com- mented that the problem is not in one area of town but all over town. In every instance the owner is going to claim that the freezing is from the main and out in the street before they check the shut-off to the house. Alderman K. Peterson expressed her opinion that if the freezing oroblem continues with all the homes along the street, then there is something wrong with the system. She felt that the City has an obligation to check into the matter and determine a solution to the problem. Alderman Westlund asked what would be done in the northeast area of town where freezing does not seem to be a problem. Alderman Haag remarked that it looks like the City might be negligent to some extent; but if the City starts paying for thawing pipes, where does it draw the line. The City would be obligated to give some help, even if it is on a shared part. It was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to defer action until the next Council meeting to allow time for a more detailed study of the situation. Motion carried unanimously. (c) CONSIDERATION OF RECOMMENDATION TO PERMANENTLY APPOINT KATHIE STADLER After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the permanent appointment of Kathie Stadler, water billing clerk, with the recommendation of the Administrative Assis- tant. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR AUTHORIZATION TO ATTEND PLANNING AND ZONING SEMINAR FEBRUARY 24 & 25, 1977 -2- Council Minutes, February 8, 1977 After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the request of Gary D. Plotz to attend the Planning and Zoning Seminar. Motion carried unanimously. (e) CONSIDERATION OF REQUEST BY TOM SCHON TO HOLD PUBLIC DANCE AT NEW ARMORY ON APRIL 1, 1977 After discussion, it was moved by Alderman Westlund, seconded by Alder- man B. Peterson, to approve the request to hold a public dance upon recommendation of the Chief of Police. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES None 7. REPORT OF OFFICERS. BOARDS AND COMMISSIONS (a) MINUTES OF TRANSPORTATION BOARD DATED JANUARY 31, 1977 Alderman Westlund reported on the Transportation Board's recommendation for the Dial -A -Ride schedule to be changed to operating hours of 9:00 A.M. to 5:30 P.M. Monday through Friday and 9:00 A.M. to 3:00 P.M. Saturday and to begin Subscription Service with operating hours of 6:30 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. Monday through Friday, no later than April 4, 1977. Alderman Westlund further reported that the Transportation Board recom- mends an increase of rates from 35( to 505, for all individuals, with no action to be taken at this time. Community Development Director Pauley commented that he had talked to the State Department of Transportation. They are agreeable to provide additional funds to the grant upon written request. Mr. Pauley also discussed the change of hours with the State Transportation Department, and they will approve the changes upon proper notification. It was moved by Alderman Westlund, seconded by Alderman K. Peterson, to notify the State Department of Transportation of the change in hours of service. Motion carried unanimously. (b) BUILDING OFFICIAL'S MONTHLY REPORT - JANUARY, 1977 There being no discussion, the minutes were ordered by the Mayor received for filing. (c) MONTHLY FINANCIAL REPORT - JANUARY, 1977 There being no discussion, the minutes were ordered by the Mayor received for filing. -3- Council Minutes, February 8, 1977 (d) MINUTES OF PARK AND RECREATION BOARD DATED JANUARY 5, 1977 AND FEBRUARY 2, 1977 There being no discussion, the minutes were ordered by the Mayor received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF DELINQUENT WATER ACCOUNTS (DEFERRED FROM JANUARY 25, 1977) Mayor Black commented on his review of the list of delinquent water ac- counts prepared for the January 25, 1977 Council meeting. He further reported that he has received many comments and phone calls regarding the increase of utility rates. He felt that a moratorium on discontin- uance of service until April 1 should be put on the delinquent water ac- counts. This would give the people more time to pay their bills. Alderman Westlund responded that he didn't think the City should forego collecting on the delinquent accounts until April 1. He pointed out that many of the bills were already six -months past due, and some effort should be made to collect at least some payment. A notice was sent out to delin- quent account holders, but no response has been made. His opinion was that where residents still live at the same address, some action should be taken. He further commented that delinquent accounts used to be brought to the Council every one or two months for review, to which the Mayor re- sponded that the delay of receiving delinquent water account lists is partly due to going on computer. Alderman Haag remarked that April 1 is not a good time to request payment on delinquent accounts since income tax is due then. Also, another water bill will be issued about that time. Alderman K. Peterson stated that she would rather see more effort made to collect payments than put a moratorium on the accounts. She suggested that the list of delinquent accounts be dealt with in a different manner inasmuch as some individuals have moved. City Engineer Priebe reported that he had found the majority of the peo- ple who are past due on their accounts are now owners of the property. He felt the property owners should be contacted of the amount due and assessed if it is not collected. Following discussion, Mayor Black recommended that a second notice be sent to all property owners and delinquent account holders. They would be given 15 days in which to pay the bill and an opportunity to appear at the next City Council meeting. It was moved by Alderman Westlund, seconded by Alderman Haag, to send a second letter of notice to the property owner and account holder of de- linquent bills. Motion carried unanimously. -4- Council Minutes, February 8, 1977 (b) CONSIDERATION OF OFF-STREET PARKING ASSESSMENT FORMULA Mayor Black remarked that he had requested the City Engineer to prepare the Off -Street Parking Assessment Formula so that it would be available for future reference to determine what had been agreed upon when Ordi- nance No. 513 was adopted. City Engineer Priebe commented that the Mayor had asked for the Assess- ment Formula three or four months ago, but it had taken this length of time to prepare it. After discussion, it was moved by Alderman Westlund, seconded by Alder- man K. Peterson, to approve the Off -Street Parking Assessment Formula and adopt Resolution No. 5896 entitled Resolution Setting Forth Park- ing Assessment Formula for Ordinance No. 513. Motion carried unanimously. (c) CONSIDERATION OF SCHOOL ROAD BRIDGE SCHEDULE City Engineer Priebe reported on the plans for the School Road Bridge and commented that it has been changed from a five span to a four span. The plans have been sent in for review, and we should be receiving something back for approval by February 22. No action is required at this time on the bridge schedule. City Attorney Schantzen mentioned that the Department of Natural Resources should be issuing a revised permit to the City soon. The revised permit should be received before bids are accepted on the new design. He further commented that the Supreme Court action is not holding up construction. It was moved by Alderman Haag, seconded by Alderman Westlund, to approve the School Road Bridge schedule. Motion carried unanimously. (d) CONSIDERATION OF APPOINTMENT OF GARY D. PLOTZ AS DEPUTY MOTOR VEHICLE REGISTRAR (DEFERRED FROM JANUARY 11, 1977) After discussion, it was moved by Alderman K. Peterson, seconded by Alder- man Westlund, to approve the appointment of Gary D. Plotz and adopt Reso- lution No. 5895 entitled Resolution Appointing Deputy Motor Vehicle Regis- trar. Motion carried unanimously. (e) CONSIDERATION OF MEMBERSHIP IN MINNESOTA DEPUTY REGISTRARS ASSOCIATION (DEFERRED FROM JANUARY 11, 1977) Upon the basis of research done on the Minnesota Deputy Registrars Asso- ciation and the activities they have been involved in, it is the Adminis- trative Assistant's recommendation that Hutchinson forego membership in this Association for 1977. -5- Council Minutes, February 8, 1977 After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to reject membership in the Minnesota Deputy Registrars Association for the year 1977. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST FOR SNOW REMOVAL PERMIT APPLICATION FOR OTTO E. TEMPLIN After discussion, it was moved by Alderman Westlund, seconded by Alder- man Haag, to approve the snow removal permit application. Motion car- ried unanimously. (b) CONSIDERATION OF PAYMENT OF MOTOROLA STATEMENT Mayor Black commented briefly on previous meetings held with Motorola regarding problems with the contract the City has with Motorola. The City turned in an encoder for full value for a better model. He pointed out that the statement under consideration is uncorrelated to the contract. After consultation by the Mayor with Fire Chief Smith and Chief of Police O'Borsky, they both feel the claim should be paid in full. Alderman Westlund asked if paying the statement would have any bearing on the encoder problem. He was assured it would not. It was moved by Alderman Westlund, seconded by Alderman Haag, to ratify payment of $15,654.62 to Motorola. Motion carried unanimously. (c) CONSIDERATION OF MUTUAL TERMINATION OF LEASE AND OF OPTION TO PURCHASE Mayor Black briefly reviewed the lease and pointed out that the tenant would leave the back ramp in tact but remove the front ramp at the Old Armory. Loren's Rollercade will also restore the floor to its original condition. Alderman K. Peterson mentioned that Alderman Haag had expressed concern regarding the finish to be used on the gym floor. She commented that the sealer to be used is being purchased from Nemitz in Hutchinson. She had tried to contact the custodian of the school to determine what type of sealer he would recommend, but he was not available. Rod Keith had told Alderman K. Peterson that he felt the sealer selected would provide a good finish for the floor as well as give it an easy maintenance surface. Alderman Haag remarked that his main concern was that the product put on the floor would be easily obtainable for future application. He commented that the schools use epoxy and/or urethane which are compatible on gym floors. I mo Council Minutes, February 8, 1977 After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Westlund, to approve the termination of the lease with Loren's Rollercade, Inc., effective February 1, 1977. Motion carried unani- mously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported on the need for improved security at City Hall. He pointed out that a large amount of cash is kept in a drawer at the front counter for a one -day period, and Joleen Runke's duties are such that she is away from her desk at various times during the day. Also, the cash is counted at the front desk. The Chief of Police recommends better security for the front counter. The following security measures are recommended: 1. Large amounts of cash shall not be kept in the cashier's drawer 2. A lock shall be installed on the cash drawer 3. All cash shall be counted out of view of the public 4. All bank deposits shall continue to have a police escort It is further recommended that a cash register be considered for the front counter. The purchase of such item is allocated in the 1977 budget. Police Chief O'Borsky has suggested a physical barrier be put up, prefer- ably plexiglass, which would accommodate two small openings at the bot- tom of the glass for the exchange of money. Also, the installation of a door to replace the existing free -swinging panel may be advantageous. Mayor Black responded in the affirmative to proceed to obtain quotations on cash registers and to take other security measures recommended above. (b) COMMUNICATIONS FROM MAYOR Mayor Black called attention to the Fire Department's 1976 Annual Report which had been recently completed and reported on a meeting held recently with the Fire Department and Town Board to review the Annual Report. He then asked for comments, to which Alderman Haag responded by commending Eric Smith for the outstanding job he had done in preparing the report. On February 22 there is going to be a legislative conference supported by the League of Cities in St. Paul. Municipal officials are invited to attend, and leaders of Legislature will be present, with a reception and lunch in the evening. Mayor Black would like to attend this conference. Alderman Haag responded with an affirmative recommendation that Mayor Black attend said conference. -7- Council Minutes, February 8, 1977 (c) COMMUNICATION FROM ALDERMAN K. PETERSON Alderman K. Peterson reported that she has received phone calls every day regarding the ice skating rinks and the fact that children are not able to skate after dark. She pointed out that after the rinks are re- opened in March, the skating season will be coming to an end. She, therefore, wondered if some of the lights could be turned on to comply with the energy crisis. She felt that there should be a policy deter- mining the closing of the skating rinks when the temperature reaches a certain point. Alderman Westlund commented that although we should look at the season, we still need to be concerned about the energy situation. He suggested that in about two or three more weeks some of the lights be turned back on. Mayor Black remarked that it seems to be the children who suffer in the end from the energy crunch by cutting down on athletic programs, etc. He then instructed the Recreation Department to turn the lights back on at the ice skating rinks. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schantzen reported on a recent phone call from Mr. Philip Graves, Administrator of the Hutchinson Community Hospital, regarding the arrangements made with First State Federal Savings & Loan Assn. in connection with the bonds for the new Medical Center. Since there is no approval of any collateral for funds with First State Federal Savings & Loan Assn., the City Council will have to approve the securities. Alderman Haag raised the question of why the bonds were being handled by First State Federal Savings & Loan Assn. instead of one of the other banks. The reply of Mr. Schantzen was that the hospital had received bids, and the Savings & Loan had the highest bid. Mayor Black posed the question as to limitations of funds for savings and loan offices. City Attorney Schantzen responded that a statute has been passed which allows bonds to be processed through savings and loan offices. Mayor Black entertained a motion to approve collateral from First State Federal Savings & Loan Assn. in the amount of $500,000 Federal Home Loan Bank Consolidated Bonds and $200,000 Federal Land Bank. It was so moved by Alderman Westlund, and seconded by Alderman B. Peterson. Motion car- ried unanimously. (e) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported that in October, 1976, the City received a Council Minutes, February 8, 1977 letter from Burlington Northern notifying us of a raise in rental for the bulk plant site and unloading rack. After giving approval to Mil- ler, Miller & Mac to move the tanks onto City property and to cancel the lease with Burlington Northern, the matter was reconsidered. It is now City Engineer Priebe's recommendation that the City renew the Lease No. 209,918 with Burlington Northern in the amount of $200 for a one-year period. Mayor Black felt that it would be to the City's advantage to continue to rent the site by the railroad tracks for at least another year. Alderman Haag questioned the City's justification for the cost of rent- ing the property. He would, however, approve renewing the lease for a one-year period but suggests obtaining more data on the situation. It was moved by Alderman Westlund, seconded by Alderman Haag, to enter into a one-year lease with Burlington Northern in the amount of $200. Motion carried unanimously. (f) COMMUNICATIONS FROM COMMUNITY DEVELOPMENT DIRECTOR Community Development Director Pauley reported that the City had been denied two grant applications, but he is hopeful for future approval. The library grant was denied at this time inasmuch as the library is up for designation as a federal historic building and will then be eligible for federal money. The Land Use Planning Grant was denied, however re- submittal of the application for a second funding period may be possible. Mr. Pauley commented that the first Home Repair Workshop held last Wed- nesday was very well attended with 75 people present. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Westlund, seconded by Alderman B. Peterson, to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. (b) CONSIDERATION OF CLAIM AGAINST CITY A letter was received by the City from Elvera E. Zupfer of 317 Dale Street for a claim of $350 to cover damage from sewer backup in her basement. Alderman Haag pointed out that the $350 would not cover the cost of re- moving the damaged carpeting. City Engineer Priebe concurred with the memo written by Finley Mix and v Council Minutes, February 8, 1977 stated that it was difficult to locate the sewage problem. The property of Zupfers was upstream from the line. Some solution was put in the line to clean out roots. The original problem was in the service line and then got down into the main. Perhaps the sewer department should have gone into the main sooner, but the problem wasn't there at the be- ginning. The situation in the service line changed during the course of the backup. Mayor Black felt that the Water and Sewer Department was slow in resolv- ing the backup problem and that action could have been taken sooner. City Attorney Schantzen stated that if the City was given notice of a sewage problem and failed to take reasonable action, the City is at fault. Alderman B. Peterson made the motion to defer action until determination has been made as to when the City was notified by the property owner of the sewage problem. Alderman Westlund seconded the motion, and it unan- imously carried. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:35 P.M. on motion by Alderman Westlund, seconded by Alderman B. Peterson. Motion carried unanimously. -10-