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08-28-1979 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 28, 1979 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following members present: Aldermen Westlund, Peterson, Gruenhagen and Huntwork, in addition to Mayor Black. Absent: None. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION There was a time of silent prayer due to the absence of a pastor. 3. MINUTES The minutes of the Regular Meeting of August 14, 1979 were approved as presented upon motion by Alderman Huntwork, seconded by Alderman Peterson and unanimously carried. 4. PUBLIC HEARING (a) PROPOSED USES OF FEDERAL REVENUE SHARING FUNDS - 8:00 P.M. At 8:00 P.M. Mayor Black called to order the public hearing and read Publi- cation No. 2208, Notice of Public Hearing on Proposed Use of Revenue Sharing. He further commented that since the inception of the revenue sharing program, the City has participated and considered these funds to be the same as any other tax derived funds. The funds have been allocatted to various depart- ments and used for various things. The Chair then opened the meeting to the public for comments and suggestions. Mrs. Dorie Johnson, representing Meals -On -Wheels, appeared before the Council and requested consideration of funding for their program. She recommended an amount of $700 for the remainder of 1979 and $1,800 for 1980, for a total of $2,500. JoAnn Gehlen and Betty Witcher, representatives for the Community Services Board for the Elderly, appeared before the Council. It was explained the program was established in 1974 and was under a three year grant, now in its second year. The services offered under their program are financed by the grant, with some help from the county and United Fund. In the third year of the grant (1980-81), it would be required that 60% of the total budget come from local funding, and by 1981-82 the program must be self-supporting. They, therefore, requested consideration of $5,000 funding for the Community Services Board for the Elderly. Council Minutes August 28, 1979 It was moved by Alderman Westlund to close the hearing at 8:30 P.M. Seconded by Alderman Peterson, the motion unanimously carried. (b) TAX INCREMENT FINANCE PLAN (DEVELOPMENT DISTRICTS 1, 2 & 3) - 8:30 P.M. Mayor Black called to order the public hearing at 8:30 P.M. and read Publi- cation No. 2209, Notice of Public Hearing. He then explained the background whereby two tax increment districts 1 and 2 had been established. It was found that there would not be sufficient tax increments available, and it was necessary to establish a third district in the Industrial Park. A report was prepared by CRS & Associates on development districts 1, 2 and 3. Consultant Clarence Simonowicz reported that the estimated $1,700,000 proposed construction in the industrial area and the building of the motel would cover the railroad and site acquisition costs. It was pointed out that the bond counsel had requested 75 days in which to raise any bond necessary for the motel or railroad. Mr. "Bud" Daggett reported the investment group for the motel have applied for Holiday Inn and Perkins franchises. They are fairly certain that both franchises will be granted. They wish to cooperate with the City and will not be seeking financing until the necessary certificate has been received. The motion was made by Alderman Westlund, seconded by Alderman Gruenhagen and unanimously carried, to close the hearing at 8:38 P.M. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6398 entitled Creating Development District Boundaries. The motion was sec- onded by Alderman Huntwork and carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Huntwork and unanimously carried, to waive reading and adopt Resolution No. 6399 entitled City Council Findings - Redevelopment District. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6400 entitled Adopting Tax Increment Financing Plan. The motion was seconded by Alderman Huntwork and unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to waive reading and adopt Resolution No. 6401 entitled Request- ing Certification of Base Assessed Valuation and Payment of Tax Increments. It was moved by Alderman Westlund to waive reading and adopt Resolution No. 6402 entitled Assigning Administrative Responsibility of Development Districts. Seconded by Alderman Peterson, the motion carried unanimously. -2- Council Minutes August 28, 1979 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR INVESTIGATOR WAAGE TO ATTEND 4TH NATIONAL CONFERENCE ON CHILD ABUSE AND NEGLECT, OCTOBER 7-10, 1979 Following discussion, the motion was made by Alderman Huntwork, seconded by Alderman Gruenhagen and unanimously carried, to approve the attendance of Investigator Waage at the National Conference. (b) CONSIDERATION OF REQUEST TO ENTER INTO SERVICE CONTRACT WITH MOTOROLA BY POLICE DEPARTMENT After discussion, it was recommended by the Chair to defer action at this time. The motion was made by Alderman Westlund to defer action until the next Council meeting. Seconded by Alderman Huntwork, the motion unanimously car- ried. (c) DISCUSSION OF PROCEDURES TO DETERMINE POSSIBLE STRUCTURAL DEFECTS OF PRIVATELY OWNED BUILDINGS IN CITY Following considerable discussion of three privately owned buildings with structural defects, it was the consensus of the Council that Alderman West- lund should contact two of the three owners and discuss the issue with them privately before any further correspondence be sent. It was moved by Alderman Peterson to defer action at this time. Seconded by Alderman Westlund, the motion carried unanimously. (d) CONSIDERATION OF REQUEST BY BENNETT SCHAEFFER, CENEX OIL ASSOC., TO MOVE WAREHOUSE BUILDING It was the recommendation of the Building Official to approve the request to move a warehouse building, with certain stipulations designated. After discussion, Alderman Westlund moved to approve the request to move a warehouse building as recommended by the Building Official. The motion was seconded by Alderman Gruenhagen and unanimously carried. (e) DISCUSSION OF LIGHTING ALONG OAKWOOD LANE Dennis Hukriede appeared before the Council and reported he had conferred with the Hutchinson Utilities regarding the request for special street lights on Oakwood Lane. The City would provide two lights but seven poles were recom- mended for their area; however, the residents felt five poles would be ade- quate. -3- Council Minutes August 28, 1979 The City Engineer/Public Works Director expressed concern on energy consump- tion and the extra cost of $3.00 per month for the additional lights. A dis- cussion followed on installation and monthly lighting costs. The motion was made by Alderman Peterson to refer the issue back to the peti- tioners for review and recommendation. Seconded by Alderman Huntwork, the motion unanimously carried. (f) CONSIDERATION OF REQUEST FOR STREET LIGHTS ON STONEY POINT ROAD A request was received for street lights on Stoney Point Road, and it was pointed out that it is dark along the newly installed sidewalk. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen and unanimously carried, to refer the request to the Utilities Commission. 6. RESOLUTIONS AND ORDINANCES None 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JULY 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HOSPITAL BOARD DATED JULY 17, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED JULY 17, 1979 AND SPECIAL MEETING DATED JULY 31, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED AUGUST 7, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AMENDING CITY ORDINANCE, SECTION 235:15 ENTITLED "POWERS AND DUTIES" FOR HOSPITAL BOARD (DEFERRED AUGUST 14, 1979) -4- Council Minutes August 28, 1979 Mayor Black gave background information on the establishment of the original limits for single capital item of purchase requiring Council approval. It was his recommendation to increase the amount from $2,500 to $5,000, and ac- cordingly increase the amount for the Nursing Home Board. It was further recom- mended that the terms of office on the Nursing Home Board be amended to coin- cide with those of the Hospital Board, ie., two consecutive five-year terms. The motion was made by Alderman Huntwork to waive reading of Ordinance No. 10/79 entitled Ordinance Amending Section 235:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Hospital Board Relating to Powers and Duties and set second reading for September 11, 1979. The motion was seconded by Alder- man Westlund and unanimously carried. The motion was made by Alderman Huntwork to waive reading of Ordinance No. 11/79 entitled Ordinance Amending Section 245:05 and Section 245:12 of the 1974 Ordi- nance Code of the City of Hutchinson, Entitled Nursing Home Board Relating to Appointment and Terms and Powers and Duties and set second reading for Septem- ber 11, 1979. The motion was seconded by Alderman Westlund and unanimously carried. (b) CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATE ADMINISTRATIVELY FOR PLANNING COMMISSION ITEMS (DEFERRED AUGUST 14, 1979) The Ordinance amending Section 6.08 of the 1974 Zoning Ordinance No. 464 was presented for first reading. Following discussion, it was the consensus of the Council that the wording should be more specific and delegate authority for setting Planning Commission public hearings to the Administrative Assistant rather than to the City staff. It was moved by Alderman Westlund to waive the first reading, with amendment, of Ordinance No. 12/79 entitled Ordinance Amending Section 6.08 of the 1974 Zoning Ordinance No. 464 of the City of Hutchinson, Entitled Public Hearings and set the second reading for September 11, 1979. The motion was seconded by Alderman Peterson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST BY TRAILS END, INC. FOR SPECIAL PERMIT TO DISPLAY NEW AND USED CARS ON BOULEVARD It was requested that this item be deferred until the next Council meeting. (b) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CITY OF HUTCHINSON IN THE FLOODWAY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The City of Hutchinson filed for a Conditional Use Permit to allow the deposit of fill in McDonald's Park, which is located in the floodway. -5- Council Minutes August 28, 1979 Following discussion, it was moved by Alderman Huntwork, seconded by Alderman Westlund and unanimously carried, to waive reading and adopt Resolution No. 6403 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Deposit of Fill In McDonald's Park Located In Floodway. (c) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GOEBEL FIXTURE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH THREE CONTINGENCIES Alderman Huntwork reported that a sound level reading will be conducted in the area of Goebel Fixture, but the Planning Commission did not determine who should do the reading. It was further pointed out that one of the three con- tingencies requires action from the City to restrict truck traffic on Thomas Avenue. After discussion, Alderman Westlund moved that with the recommendation of the Planning Commission and the three contingencies, to waive reading and adopt Resolution No. 6404 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Light Manufacturing and Storage of Wood and Wood Products In Present Warehouse of Goebel Fixture Com- pany. The motion was seconded by Alderman Peterson and carried unanimously. (d) CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT SUBMITTED BY DENNIS ALBERTSON TO BE KNOWN AS "PADEN FIRST ADDITION" WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mayor Black made the recommendation that every preliminary plat should be re- quired to submit a drainage plan. Following discussion, it was moved by Alderman Westlund that with the recom- mendation of the Planning Commission to waive reading and adopt Resolution No. 6405 entitled Resolution Giving Approval of Preliminary Plat for Paden First Addition, contingent upon a drainage plan being submitted. Seconded by Alder- man Huntwork, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARRY SCHANZENBACH AND MICHAEL D. OLESON (TACO JOHN'S) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Westlund moved that with recommendation of Planning Commission to waive reading and adopt Resolution No. 6406 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow "Taco John's" Restaurant In Non -Conforming Building. The motion was seconded by Alderman Huntwork and unanimously carried. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY RIVERSIDE PROPERTIES (FORMER MEDICAL CENTER) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Council Minutes August 28, 1979 Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Huntwork and unanimously carried, to waive reading and adopt Resolution No. 6407 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Internal Remodeling for Offices In Former Medical Building. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LAVERNE WYLIE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Huntwork moved that with favorable recommendation of the Planning Commission to waive reading and adopt Resolution No. 6408 en- titled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Addition of Patio to Garage and Exit from Basement. Seconded by Alderman Westlund, the motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY HUTCHINSON UTILITIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY Hutchinson Utilities requested a variance to allow for the construction of a metal building instead of concrete. It was the recommendation of the Planning Commission to approve the request, contingent upon an attempt being made to blend the color of the new building with the existing building. Following discussion, the motion was made by Alderman Westlund to waive read- ing and adopt Resolution No. 6409 entitled Resolution Granting Variance from Section 6.05, B-3 of the Zoning Ordinance No. 464 to Allow Construction of A Metal Building for Hutchinson Utilities, with contingency. The motion was seconded by Alderman Huntwork and carried, with Alderman Peterson abstaining from voting. (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCHINSON UTILITIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY After discussion, Alderman Gruenhagen moved to waive reading and adopt Resolu- tion No. 6410 entitled Resolution Granting Conditional Use Permit under Sec- tion 6.07, C-5 of Zoning Ordinance No. 464 to Allow Storage of Combustible Materials In Warehouse, contingent upon the building being built according to fire code specifications. The motion was seconded by Alderman Huntwork and carried, with Alderman Peterson abstaining from voting. (j) CONSIDERATION OF APPROVAL OF FINAL PLAT OF MCDONALD'S SIXTH ADDITION Following discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork and unanimously carried, to waive reading and adopt Resolution No. 6411 entitled Resolution Giving Approval of Final Plat for McDonald's Sixth Addition, contingent upon a drainage plan being submitted. (k) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCH BOWL, INC. -7- Council Minutes August 28, 1979 After discussion, the motion was made by Alderman Peterson, seconded by Alder- man Westlund and unanimously carried, to approve the application and issue a Malt Liquor License to Hutch Bowl, Inc. (1) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE BY HUTCH BOWL, INC. Following discussion, it was moved by Alderman Peterson to approve the applica- tion and issue a cigarette license to Hutch Bowl, Inc. The motion was seconded by Alderman Gruenhagen and carried unanimously. (m) CONSIDERATION OF VARIANCE FROM STATE UNIFORM FIRE CODE FOR HUTCHINSON PUBLIC SCHOOLS Brian Buchmeyer, Business Manager of Hutchinson Public Schools, reported to the Council that on July 6, 1979 the School District received a notice from the City Fire Marshal stating they must install an automatic fire alarm system in each school building, directly connected to the police and fire dispatch center. They were requesting a variance on the grounds the school had com- plied with the fire codes, and it would present an undue hardship on the school in budget, time, etc. They further requested time to allow the installation of a complete system. It was hoped that funds would be secured to finance the necessary system through the school referendum bond. Mayor Black called on Fire Marshal Field for a report. The Fire Marshal stated he did not feel the school had complied with the fire codes. The code required the reporting of all fires. He then cited several instances when the Fire De- partment was not called to fires at the school or there was a delay in report- ing it. He further reported there had been no response to several letters sent to the School District. In 1978 the School Board had requested a delay so the alarm system could be included in the 1979 budget, but this was not ful- filled. A recent meeting was held with school officials to discuss the issue. In January Electro Watchman had provided estimated costs of $1,000 for installa- tion of the alarm system, and the Fire Marshal didn't feel the minimal fee would present a hardship to the school. Mr. Buchmeyer stated the cost would be closer to $2,000 for the three build- ings involved, and he didn't think the school could work with Electro Watchman. Mayor Black raised questions on items No. 2 and 3 in the letter received from the school. He asked if the concern for fire applied only to personal safety. He further inquired if the installation of the alarm system was included in the 1979 budget. Mr. Buchmeyer responded that the school was growing and, therefore, had an in- creasing expense so there was little money left over. They did not see the alarm system as a high priority item. Council Minutes August 28, 1979 At this point Mayor Black asked if the school was putting itself in charge of determining what was important, even over the laws and professionals in the field. He pointed out the problem had been before the School Board for a year and one-half. Mr. Buchmeyer responded the Board would give further considerationto the $2,000 expense plus the monthly fees. School Board Chairman Ulrich commented they had not been forced to install the fire alarm equipment and wished to ask for a variance until the new school had been built and a new system installed. Superintendent Birkeland commented that 10 years ago HAVTI installed its fire system, and the school has had problems with it. Therefore, the School Dis- trict wanted to be sure the equipment installed in the public schools was adequate. Mayor Black asked that assuming the referendum passed, what date could the system be installed, and assuming the referendum did not pass, at what date could it be installed. The response was that if the referendum passed, work would begin probably over the next summer. There was no definite answer to the second question. It was the general consensus of the Council that the fire alarm system should be installed by the School District, and the motion was made by Alderman West- lund to reject the request for a variance from the State Uniform Fire Code. The motion was seconded by Alderman Peterson and carried unanimously. Mayor Black stated the Hutchinson Public Schools would be granted a specific time to comply with the procedures and installation to bring the school into compliance with the fire code. If it did not comply, a citation would be issued by the Fire Marshal. It was moved by Alderman Peterson, seconded by Alderman Westlund, to set Oc- tober 1, 1979 as the date of compliance for work to be under contract. After discussion, the motion was withdrawn. The motion was made by Alderman Huntwork to reconsider the previous action on granting a variance and reconsider a variance until October 1, 1979. The motion was seconded by Alderman Westlund and carried unanimously. Following further discussion, it was moved by Alderman Huntwork to issue a temporary variance to expire on October 1, 1979, and if compliance or sub- stantial achievement of said compliance was not achieved by said date, the Fire Marshal would be authorized to issue a citation against the Hutchinson Public Schools. The motion was seconded by Alderman Westlund and carried unanimously. (n) CONSIDERATION OF REQUEST BY HUTCHINSON AREA CHAMBER OF COMMERCE TO USE LIBRARY SQUARE FOR FIFTH ANNUAL ARTS AND CRAFTS FESTIVAL ON SEPTEMBER 14-15, 1979 Council Minutes August 28, 1979 (o) (P) (q) After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson and carried unanimously, to approve the use of Library Square for the Fifth Annual Arts & Crafts Festival on September 14 and 15, 1979. CONSIDERATION OF REQUEST BY HUTCHINSON AMBASSADORS TO OPERATE FOOD CONCESSION STAND IN PUBLIC SQUARE FOR ARTS AND CRAFTS FESTIVAL ON SEPTEMBER 14-15, 1979 Following discussion, the motion was made by Alderman Peterson to approve the request for the Hutchinson Ambassadors to operate a food concession stand in the Public Square during the Arts and Crafts Festival, September 14 and 15, 1979. Seconded by Alderman Westlund, the motion unanimously carried. DISCUSSION OF CONVEYING A PORTION OF LAND TO HUTCHINSON INDUSTRIAL CORPORATION Mr. Jon Geiss, President of Hutchinson Industrial Corporation, appeared before the Council and requested the release of land near the present warehouse on the west side of the properly to allow a 7,500 square foot, three -bay produc- tion plant for IBM work. City Attorney Schantzen informed the Council he had reviewed the papers, and everything seemed to be in order. Following discussion, the motion was made by Alderman Westlund to approve the sale of unimproved land to Hutchinson Industrial Corporation, subject to the favorable approval of the City Attorney and Trustee. The motion was seconded by Alderman Peterson and carried, with Alderman Huntwork abstaining from voting. It was further moved by Alderman Westlund, seconded by Alderman Peterson and carried, to waive reading and adopt Resolution No. 6413 entitled City of Hutch- inson, Minnesota, Certificate of Resolution Regarding the Sale of Unimproved Land to Hutchinson Industrial (brporation, and Other Matters Relating Thereto, with Alderman Huntwork abstaining from voting. CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATION After discussion, Alderman Westlund made the motion to enter into an agreement with the State of Minnesota and waive reading and adopt Resolution No. 6397 entitled Resolution for State Aid for Maintenance and Operation. Seconded by Alderman Peterson, the motion carried unanimously. (r) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Black read a copy of the letter sent to all delinquent account holders. He then inquired if there was anyone present wishing to be heard regarding his/her account. There was no response. After discussion, Alderman Westlund moved to discontinue service on September 4, -10- Council Minutes August 28, 1979 1979 for the following accounts if payment was not received by said date: 04-0850-2-00, 08-0450-2-00, 10-0155-1-00, 14-0135-2-00, 15-0325-0-00, 20- 0065-0-00, and 26-0220-0-00. Seconded by Alderman Huntwork, the motion car- ried unanimously. (s) CONSIDERATION OF APPROVAL OF FINAL PLAT FOR CLOVERDALE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer/Public Works Director Priebe reported Cloverdale is located outside the City limits. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson and carried unanimously, to waive reading and adopt Resolution No. 6412 entitled Resolution Giving Approval of Final Plat for Cloverdale. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported preliminary discussions had been held with HUD representatives, and it appears an application for funding a sheltered workshop would be given favorable consideration. Meetings with the three City representatives on the County Board and City Council, followed by a second meet- ing with the entire County Board, will be set up. Also, Mr. Plotz will be con- tacting Hands, Inc. to discuss the sheltered workshop. In conjunction with the Downtown LAWCON Grant, the first parcel of land was acquired on August 15, 1979 from Mr. and Mrs. Sam Flom, with vacation to be within the next 30 days. Mr. Don Oleson of Holiday Inn informed Mr. Plotz that the Perkins Steak & Shake requested the developers to include Second Avenue Northeast in the site plan and the removal of tracks adjacent to the proposed Perkins. The building will be redesigned based on the franchise requirement. In addition, more space for parking will be needed to meet the City's parking ordinance. (b) COMMUNICATIONS FROM ROBERT MCGEE, ARCTIC REFRIGERATION Mr. Robert McGee appeared before the Council and stated he is billed for refuse service for his business that he does not use. Alderman Westlund will meet with Mr. McGee to discuss the problem and see if it can be resolved. -11- Council Minutes August 28, 1979 (c) COMMUNICATIONS FROM THE MAYOR Mayor Black reported the term of Mrs. Walter (Mildred) Nelson on the Housing and Redevelopment Authority had expired, and he reappointed her to a five year term, with Council ratification. It was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unani- mously carried, to ratify the appointment of Mrs. Walter Nelson to the Housing and Redevelopment Authority for five years. (d) COMMUNICATION FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported he had met with RCM re- garding update improvements at the sewage treatment plant. He was informed that a full-scale work plan had to be prepared, and the City is behind sched- ule on Step I. It will be necessary to appoint a Coordinator and a 8 -member advisory committee to review reports from the engineers and guide the work, as required by new federal regulations. Hearings will also be involved. It was projected this would take about a year, and additional costs will occur. Mr. Priebe also informed the Council of new requirements on pre-treatment, with the first progress report due by November 30, 1979. This work will cost $15,000, with 90% grant eligible. The Council then authorized the City En- gineer and RCM to apply for a new grant for this study. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt Resolutions No. 6414 and 6415, engaging the RCM firm and authorizing said firm to submit grant application. It was requested that Dick Nagy and Dick Ebert be granted approval to attend a one -day seminar. The motion was made by Alderman Peterson, seconded by Alderman Westlund and unanimously carried, to approve the attendance of Dick Nagy and Dick Ebert at a seminar. City Engineer/Public Works Director Priebe told the Council a single proposal for repair work on the School Road Bridge was received at a higher rate than anticipated. It was the recommendation of RCM and the City Engineer to adver- tise for bids, with the work to be done in the spring of 1980. Also included will be the cleanout of the river channel. City Attorney Schantzen reported the City retained $30,000 from the contractor to help defray the repair costs. Also, the City is involved in a lawsuit be- tween the contractor, sub -contractor and bonding company. The contractor has filed bankruptcy. Mr. Schantzen requested permission to bring in a co -counsel lawyerr`to aid him with the case. -12- Council Minutes August 28, 1979 The motion was made by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to accept and approve plans and specifications and ad- vertise for bids on bridge repair work to be opened September 24, 1979 at 2:00 P.M. It was moved by Alderman Gruenhagen to authorize the City Attorney to retain a co -counsel for any litigation involving the bridge lawsuit. The motion was seconded by Alderman Westlund and unanimously carried. (e) COMMUNICATION FROM ALDERMAN WESTLUND At the opening of the Council meeting, Alderman Westlund withdrew his letter of resignation from the City Council. It was moved by Alderman Huntwork to decline the resignation of Alderman Westlund. Seconded by Alderman Gruenhagen, the motion carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Gruenhagen and unani- mously carried, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 10:59 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Huntwork and unanimously carried. -13-