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12-11-1979 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 11, 1979 1. CALL TO ORDER The meeting was called to order by Mayor D. J. Black at 7:30 P.M., with the follow- ing members present: Aldermen Westlund, Peterson, Gruenhagen and Huntwork, in addi- tion to Mayor Black. Also present were: Administrative Assistant Plotz, City En- gineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Bob Lounsbury of the Bethany Baptist Church. 3. MINUTES The minutes of the Regular Meeting of November 27, 1979 were approved as presented upon motion by Alderman Peterson, seconded by Alderman Huntwork and unanimously car- ried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR HOMER PITTMAN AND ELDEN WILLARD TO ATTEND NORTH STAR CHAPTER MEETING FOR BUILDING OFFICIALS ON DECEMBER 11, 1979 After discussion, it was moved by Alderman Peterson, seconded by Alderman Hunt - work, and unanimously carried to approve Homer Pittman and Elden Willard at- tending the North Star Chapter Meeting. (b) CONSIDERATION OF REQUEST FOR MARLOW PRIEBE TO ATTEND CITY ENGINEERS ASSOCI- ATION ANNUAL CONFERENCE ON JANUARY 14-17, 1980 Following discussion, the motion was made by Alderman Gruenhagen to approve the request for Marlow Priebe to attend the City Engineers Association Annual Conference. Seconded by Alderman Peterson, the motion carried unanimously. (c) CONSIDERATION OF REQUEST FOR GEORGE FIELD TO ATTEND INTERNATIONAL ASSOCIATION OF ARSEN INVESTIGATORS MEETING AND FIRE MARSHALS ASSOCIATION OF MINNESOTA QUARTERLY MEETING ON DECEMBER 12, 1979 After discussion, Alderman Peterson moved to approve George Field attending the two above named conferences. The motion was seconded by Alderman Hunt - work and unanimously carried. Council Minutes December 11, 1979 (d) CONSIDERATION OF REQUEST FOR HOMER PITTMAN AND ELDEN WILLARD TO ATTEND 24TH ANNUAL BUILDING OFFICIALS MEETING ON JANUARY 9-11, 1980 Following discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to approve Homer Pittman and Elden Willard attending the 24th Annual Meeting. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 15/79 - ORDINANCE AMENDING SECTION 560 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED WATERWORKS AND SEWER DEPARTMENT - RATES AND CHARGES After discussion, the motion was made by Alderman Huntwork, seconded by Alder- man Gruenhagen and carried unanimously, to waive second reading and adopt Ordi- nance No. 588 entitled Ordinance Amending Section 560 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Waterworks and Sewer Department - Rates and Charges. (b) RESOLUTION NO. 6452 - TRANSFERRING $10,000 FROM LIQUOR STORE FUND TO GENERAL FUND Following discussion, Alderman Westlund moved to waive reading and adopt Reso- lution No. 6452 entitled Transferring $10,000 from Liquor Store Fund to Gen- eral Fund. The motion was seconded by Alderman Peterson and carried unanimously. (c) RESOLUTION NO. 6453 - RESOLUTION GIVING APPROVAL OF FINAL PLAT FOR PADEN FIRST ADDITION After discussion, it was moved by Alderman Westlund, seconded by Alderman Pet- erson and carried unanimously, to waive reading and adopt Resolution No. 6453 entitled Resolution Giving Approval of Final Plat for Paden First Addition. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - NOVEMBER 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF NURSING HOME BOARD DATED NOVEMBER 15, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF CIVIC ARENA BOARD DATED NOVEMBER 21, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -2- Council Minutes December 11, 1979 (d) MINUTES OF PARK AND RECREATION BOARD DATED NOVEMBER 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 AWARDING BIDS FOR USED CITY VEHICLES It was requested by the City Engineer/Director of Public Works to defer this matter until the next meeting. (b) CONSIDERATION OF CLOSING ENTRY TO NEAL APARTMENTS (DEFERRED NOVEMBER 27, 1979) Fire Chief Schlueter stated he concurred with the recommendation of the City Engineer to defer action of closing the entrance to the Neal Apartments until such time as the apartment complex is completed and a traffic study has been done. Following discussion, the motion was made by Alderman Gruenhagen to delay clos- ing the entrance to the Neal Apartments until June 1, 1980 and to conduct a study. Seconded by Alderman Westlund, the motion carried unanimously. (c) CONSIDERATION OF CLARIFICATION OF ASSESSMENTS ON LOT IN MCDONALD'S FOURTH ADDITION (DEFERRED NOVEMBER 27, 1979) City Engineer/Public Works Director Priebe reported he and City Attorney Schant- zen had reviewed the assessment question, and they were in agreement that only the north side of the lot (long side) in McDonald's Fourth Addition should be assessed as per said subdivision agreement. After discussion, Alderman Huntwork moved to accept the recommendation of the City Engineer and City Attorney. The motion was seconded by Alderman Gruen- hagen and carried unanimously. (d) CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY HUTCHINSON INDUSTRIAL CORPORATION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED NOVEMBER 27, 1979) Following discussion, it was moved by Alderman Westlund that with the recom- mendation of the Planning Commission to approve the Conditional Use Permit and waive reading and adopt Resolution No. 6449 entitled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Burying Two Underground Storage Tanks for Flammable Solvents at Hutch- inson Industrial Corporation. Seconded by Alderman Gruenhagen, the motion car- ried, with Aldermen Westlund, Peterson, Gruenhagen and Mayor Black voting aye and Alderman Huntwork abstaining from voting. -3- Council Minutes December 11, 1979 (e) CONSIDERATION OF APPROVAL OF 1980 PUBLIC WORKS PROGRAM WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (DEFERRED NOVEMBER 27, 1979) City Engineer/Public Works Director Priebe presented two maps showing streets paved as of December 1, 1979 and proposed surfacing in 1980. Mayor Black commented that due to Supreme Court decision this past year, there was some uncertainty relating to Section 429. He recommended, there- fore, that when 1980 improvement projects were being considered there be a subdivision agreement or all abutting property owners agree to what they want and will accept. Also, the usual procedures should be reversed. The City will not be able to sell bonds with 7% interest limit so the City should take bids, sell bonds and then award contract. Following extensive discussion, it was moved by Alderman Westlund to prepare a detailed report of the 1980 Public Works Program, with the intent to set a public hearing. Seconded by Alderman Huntwork, the motion unanimously carried. (f) CONSIDERATION OF SALARY ADJUSTMENT FOR UTILITY COMMISSIONERS Mayor Black reported the salaries paid Utilities Commissioners are comparable to that paid to Alderman. After discussion, the motion was made by Alderman Westlund to increase the salary to $300.00 per month for Utility Commissioner, effective January 1, 1980. The motion was seconded by Alderman Huntwork and carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Huntwork and unani- mously carried, to waive reading and adopt Resolution No. 6457 entitled Increas- ing Salary of Municipal Utilities Commissioners. 9. NEW BUSINESS (a) PRESENTATION BY RCM OF UPDATE REPORT ON STEP I SEWER PLANT GRANT STUDY Messrs. Jim Welday and Duane Nelson of Rieke Carroll Muller Associates, Inc. presented a report on Step I of the Sewer Plant Grant Study. RCM asked for approval of the report, authorization to submit it to the Minnesota Pollution Control Agency, and approval of the grant amendment package for the Phase II Study in the amount of $74,000. Phase II would be 90% fundable with state and federal monies. After discussion, it was moved by Alderman Westlund to accept the report of RCM as presented and authorize appropriate grant submission to PCA. Seconded by Alderman Huntwork, the motion unanimously carried. -4- Council Minutes December 11, 1979 The motion was made by Alderman Westlund to authorize RCM to prepare and sub- mit a grant amendment for Phase II. The motion was seconded by Alderman Hunt - work and carried unanimously. City Engineer/Public Works Director Priebe reported the new permit from the Pollution Control Agency requires a Sludge Disposal Plan which is due April 1, 1980. This had never been required in the past, and no proposal has been pre- pared to date. It was the consensus of the Council to proceed and prepare a proposal for the Sludge Disposal Plan. RCM stated they could have a proposal ready within the next few days and would send a copy to Mayor Black and the City Engineer. (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT(S): 1. H. H. LEPEL 2. HAROLD MOLLS 3. WALTER CLAY After discussion, the motion was made by Alderman Peterson, seconded by Ald- erman Huntwork and unanimously carried, to issue snow removal permits to the above named individuals. (c) PRESENTATION BY TKDA ON POLICE/FIRE STATION COMPLEX Messrs. Bill Armstrong and Westly Hendrickson of TKDA presented a proposed plan for the police/fire station complex which had been approved by both de- partments. The site would be east of Library Square with the proposed build- ing allowing approximately 8,000 square feet for the Police Department and approximately 10,000 square feet for the Fire Department. The basement would be left unfinished. The estimated total project cost was $1,770,000.00. Following extensive discussion, the motion was made by Alderman Westlund to defer the matter to a later meeting of the Council. Seconded by Alderman Peterson, the motion unanimously carried. (d) DISCUSSION BY CITY ATTORNEY ON WORDING OF BALLOT FOR POLICE/FIRE STATION The motion was made by Alderman Westlund, seconded by Alderman Peterson and carried unanimously, to defer action. (e) UPDATE ON LEAGUE OF CITIES ACTIVITIES BY TOM THELEN, STAFF MEMBER Due to the absence of Mr. Tom Thelen, the update report was deferred. (f) CONSIDERATION OF AUTHORIZING MAYOR AND STAFF TO EXTEND OPTIONS ON PROPOSED MOTEL SITE FOR ADDITIONAL SIX MONTHS -5- Council Minutes December 11, 1979 After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson and carried unanimously, to approve extension of options on the pro- posed motel site for an additional six months. (g) CONSIDERATION OF 1980 OFFICERS FOR HUTCHINSON FIRE DEPARTMENT Following discussion, the motion was made by Alderman Peterson to approve the 1980 officers for the Hutchinson Fire Department. The motion was seconded by Alderman Westlund and carried unanimously. (h) CONSIDERATION OF DEMOLITION AND/OR SALE OF HOUSE AND GARAGE (125 JEFFERSON) Administrative Assistant Plotz reported the property at 125 Jefferson Street South was purchased in 1978 for the proposed elderly high rise site. Mrs. Sophie Jenike has moved out, and the house and/or garage can now be removed or demolished. After discussion, Alderman Westlund moved to authorize advertising for bids to be opened on December 28, 1979 at 2:00 P.M. Seconded by Alderman Huntwork, the motion unanimously carried. (i) CONSIDERATION OF AUTHORIZING PAYMENT TO MEALS ON WHEELS FOR REMAINDER OF 1979 IN AMOUNT OF $700 Administrative Assistant Plotz stated that Meals on Wheels had requested sup- port for their program at the Federal Revenue Sharing Hearing held in August, 1979 in the amount of $700 for the balance of 1979 and $1,800 for 1980. Mon- ies were included in the 1980 budget for the latter request, but no action was taken on the $700. After discussion, the motion was made by Alderman Westlund, seconded by Alder- man Gruenhagen and unanimously carried, to approve the payment of $700 from the 1979 contingency fund to Meals on Wheels. (j) CONSIDERATION OF RESIGNATION OF OFFICER LARRY ALDAPE Following discussion, it was moved by Alderman Westlund to accept the resig- nation of Officer Larry Aldape, effective December 17, 1979. Seconded by Ald- erman Peterson, the motion carried unanimously. It was moved by Alderman Peterson, seconded by Alderman Huntwork and unani- mously carried, to waive reading and adopt Resolution No. 6456 entitled Reso- lution of Appreciation. (k) CONSIDERATION OF APPOINTMENT OF POLICE PATROL OFFICER WITH RECOMMENDATION OF POLICE COMMISSION M Council Minutes December 11, 1979 It was the recommendation of the Police Commission to offer the position of Police Patrol Officer to David Erlandson to fill the vacancy created by Larry Aldape and Ronald Sweitzer to fill a new position effective January 1, 1980. After discussion, Alderman Peterson moved to approve the recommended appoint- ments for Police Patrol Officers. Seconded by Alderman Gruenhagen, the motion carried unanimously. (1) CONSIDERATION OF AWARDING BID FROM LOG SALE TO LYMAN HALL & SON Following discussion, the motion was made by Alderman Peterson, seconded by Alderman Huntwork and unanimously carried, to approve awarding the bid from Dutch Elm diseased logs sale to Lyman Hall & Son of St. Joseph, Minnesota in the amount of $1,200.00. (m) CONSIDERATION OF ADVERTISING FOR BIDS FOR TREE PRUNING City Engineer/Public Works Director Priebe explained the purpose for spring tree pruning was to decrease Dutch Elm disease. The work would be funded through DNR so there would be no cost to the City. After discussion, Alderman Westlund moved to authorize advertising for bids on December 28, 1979, 1:30 P.M. The motion was seconded by Alderman Peterson and carried unanimously. (n) CONSIDERATION OF MILEAGE ALLOWANCE City Accountant Merrill reported the rate of 194 per mile is the current maxi- mum allowed under current State Statute. It was his recommendation to adjust the City's rate of reimbursement from the present 204 to 194 to comply with the Statute. Following discussion, the motion was made by Alderman Peterson to approve the reimbursement rate of 194 for mileage allowance. Seconded by Alderman Gruen- hagen, the motion carried unanimously. (o) CONSIDERATION OF REQUEST TO PURCHASE SLIDE PROJECTOR It was requested that the Fire Inspection and Police Department be authorized to jointly purchase a Singer Caramate #3300 slide projector in the amount of $484.00 and 10-140 slide trays at $61.20 from Century Camera. After discussion, it was moved by Alderman Huntwork, seconded by Alderman Gruenhagen and carried unanimously, to approve the purchase of the above named slide projector and slide trays. (p) CONSIDERATION OF COUNTY TILE REPAIR City Engineer/Public Works Director Priebe reported on the tile repair work done on the west side of Bluff Street, north of the river. The City should -7- Council Minutes December 11, 1979 negotiate with the County as to how the cost would be apportioned. Following discussion, Alderman Westlund moved to authorize the City Engineer to negotiate the cost sharing with the County on the above stated project. Seconded by Alderman Huntwork, the motion unanimously carried. (q) PRESENTATION OF HECHT ASSOCIATES LTD PROJECT BY LAW FIRM OF DORSEY, WINDHORST, HANNAFORD, WHITNEY & HOLLADAY OF MINNEAPOLIS Mr. David McCuskey from the law firm of Dorsey, Windhorst, Hannaford, Whitney & Holladay of Minneapolis appeared before the Council and introduced Mr. Edward Hecht of Hecht Associates, Ltd., Chicago. He then informed the Council that Developers Diversified found they might exceed the $10 million limitation on their industrial revenue bond for the proposed shopping mall. Therefore, they wished to split the project 1/3 and 2/3, with Hecht Associates having the limited partnership and leasing its building and related facilities to K -Mart Corporation. The original project would remain the same in dollar amount, but it would become two projects. The City was asked to issue an industrial revenue bond to Hecht Associates, Ltd. in the amount of $2,200,000 and to amend the bond issued to Developers Diversified from $8,600,000 to $6,400,000. From a legal standpoint, they would be two separate bonds. It would be necessary to hold a public hearing within 15 to 30 days after notice was published in the newspaper. After discussion, the motion was made by Alderman Westlund to set a public hearing for Saturday, December 29, 1979 at 1:30 P.M. at City Hall. Seconded by Alderman Huntwork, the motion unanimously carried. It was moved by Alderman Westlund, seconded by Alderman Huntwork and carried unanimously, to waive reading and adopt Resolution No. 6455 entitled Resolu- tion Relating to a Project Under the Municipal Industrial Development Act and Calling for a Public Hearing Thereon. (r) CONSIDERATION OF WATER BILLING TO JOHN WILD FOR SPORTS HAVEN Administrative Assistant Plotz informed the Council this was a landlord and tenant problem on a delinquent water account where Sports Haven owed a bill from their previous business. Mr. John Wild had paid one-third of the amount, and the two-thirds balance of $342.85 will be paid in two installments on January 2 and February 1, 1980. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen and unani- mously carried, to accept payment of the balance on January 2 and February 1, 1980. (s) CONSIDERATION OF COST OF LIVING WAGE/SALARY INCREASE FOR 1980 Council Minutes 01 December 11, 1979 Following extensive discussion, the motion was made by Alderman Westlund to give a cost of living wage/salary increase of 8% for 1980. The motion was seconded by Alderman Huntwork and carried unanimously. (t) CONSIDERATION OF VARIANCE FROM STATE FIRE MARSHAL'S ORDER FOR USE OF ELEMENTARY SCHOOL BUILDING Ms. Patricia Maloney of the law firm Peterson, Popovich, Knutson & Flynn of St. Paul appeared before the Council on behalf of the Hutchinson School Dis- trict No. 423. Mr. Kenneth Prihoda, Elementary School Principal, was also present. Attorney Maloney pointed out the Minnesota Statute 299F.011, Subd. 5 author- izes the Fire Marshall to grant a variance from the Fire Code after the local governing body has acted on the application. Therefore, the City Council was asked to grant approval of a variance to be submitted to the State Fire Mar- shall for final authority. After discussion, Alderman Westlund moved to grant a variance from the Uni- form Fire Code for the School District No. 423. Seconded by Alderman Gruen- hagen, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported he had met briefly with the represen- tatives from the Police and Fire Departments and TKDA following their earlier presentation, and they would like to meet with the City Council on Tuesday, December 18, 1979 at 7:00 P.M. A forthcoming meeting has been scheduled by the Fire Chief with the town- ships on December 13, 1979 at 8:00 P.M., City Hall, to explain the purpose of the Police/Fire Station referendum. The City Council members were invited to attend. Today there was a meeting with representatives of the Levner Company regard- ing the elderly high rise, and a preliminary agreement was reached. A pro- posal will be prepared and presented to the City Attorney for review. The Levner Company intends to submit an application to HUD the first part of 1980. The Hassan Valley Township Board will be meeting on December 17, 1979, but it was suggested that the Council wait until January to meet with them. Administrative Assistant Plotz reported on an energy seminar he had attended. Council Minutes December 11, 1979 He commented cities were encouraged to conduct a mini -audit on every build- ing, and Hutchinson would have nine buildings eligible for an audit. The grant would be for 100% funding, with no local cash contribution. A preliminary energy report is due by December 31, 1979 and the application on January 5, 1980. It was moved by Alderman Westlund to approve submitting an application for a mini -audit on buildings in Hutchinson. The motion was seconded by Alderman Gruenhagen and unanimously carried. (b) COMMUNICATIONS FROM THE MAYOR Mayor Black commented he had met with the individuals involved concerning the covering of the parking meters in the downtown area. It was determined that there was a misunderstanding in communication. It was the Mayor's recommen- dation that the meters remain covered, and the Council concurred. Mayor Black commented about the traffic situation at the intersection of Roberts Road and School Road. It was his recommendation to make it a four- way stop, with the addition of a stop sign at the corner of Roberts Road (go- ing west). It was moved by Alderman Westlund, seconded by Alderman Huntwork and unani- mously carried, to waive the first reading of Ordinance No. 16/79 entitled Ordinance Amending Section 710:10 of the 1974 Ordinance Code of the City of Hutchinson, Entitled "Stop Streets" By Adding Subdivision No. 13 Thereto, Relative to "Traffic, Local Reguations" and set second reading for December 26, 1979. The Mayor had received communications from the Governor and others regarding energy. Each community has been requested to designate one building as an emergency place for people to stay overnight in the event of need. It was Mayor Black's recommendation to designate the Old Armory as said building, and the Police Department telephone number as an emergency number to call (879-2391). Alderman Westlund moved to approve the Old Armory as the designated emergency building and the Police Department telephone number. Seconded by Alderman Huntwork, the motion carried unanimously. (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schantzen reported on the Undesser lawsuit regarding a house in Stoney Point Addition that was built over the boundary line. The City had been released from the case, but the City's cost was $500. Mr. Schantzen asked for ratification of the fee. -10- Council Minutes December 11, 1979 Alderman Westlund moved to approve the $500 fee for court charges. 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 11:08 P.M. upon motion by Alderman Peterson, seconded by Alderman Gruen- hagen and unanimously carried. -11-