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11-25-1980 CCMLI F J MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 25, 1980 1. CALL TO ORDER Mayor Westlund called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Peterson, Lueneburg, Gruenhagen and Beatty, in addition to Mayor Westlund. Absent: None. Also present were: City Administrator Plotz, City Engineer Priebe and City Attorney Schantzen. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Special Meeting of November 7, 1980, Regular Meeting of No- vember 12, 1980 and Special Meeting of November 21, 1980 were approved as read upon motion by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF PETITION FOR FURTHER HEARING ON RICHARD SCHMIDTBAUER ANNEXATION City Administrator Plotz reported that subsequent to the July 2, 1980 annex- ation hearing held by the Minnesota Municipal Board, the Board had a confer- ence call meeting on October 14, 1980. At that time the Board made a prelim- inary decision to deny annexation of the entire requested area for Richard Schmidtbauer and approve only a portion of land into the City limits. Mr. Plotz further reported he has had telephone conversations with the Board, and he requested a re -hearing. A Petition for Further Hearing has been sub- mitted by Richard Schmidtbauer, and Resolution No. 6640 confirms the Council's support of said Petition. Following discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Lueneburg and carried unanimously, to waive reading and adopt Resolution No. 6640 entitled Resolution Supporting Petition for Further Hearing on Rich- ard Schmidtbauer Annexation. C� I COUNCIL MINUTES NOVEMBER 25, 1980 (b) CONSIDERATION OF APPOINTMENTS TO TRANSPORTATION BOARD: 1. JACK KJOS 2. MRS. RALPH D. (GERALDINE) JOHNSON Mayor Westlund appointed Jack Kjos and Mrs. Ralph D. (Geraldine) Johnson to three-year terms on the Transportation Board. The motion was made by Alderman Lueneburg to ratify the appointments of Jack Kjos and Mrs. Ralph D. (Geraldine) Johnson to the Transportation Board. Sec- onded by Alderman Gruenhagen, the motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6638 - RESOLUTION AUTHORIZING FILING OF GRANT APPLICATION WITH MN/DOT FOR 1981 TRANSPORTATION ASSISTANCE City Administrator Plotz informed the Council that the application was the same proposal submitted for 1980. After discussion, it was moved by Alderman Peterson, seconded by Alderman Lueneburg and unanimously carried, to waive reading and adopt Resolution No. 6638 entitled Resolution Authorizing Filing of Grant Application with MN/DOT for 1981 Transportation Assistance. (b) RESOLUTION NO. 6639 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, the motion was made by Alderman Lueneburg to waive reading and adopt Resolution No. 6639 entitled Transferring $10,000 from Liquor Store to General Fund. The motion was seconded by Alderman Peterson and carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - OCTOBER 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED SEPTEMBER 16, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -2- COUNCIL MINUTES NOVEMBER 25, 1980 (c) MINUTES OF HOSPITAL BOARD DATED OCTOBER 21, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF NURSING HOME BOARD DATED OCTOBER 21, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MAIN STREET LIGHT POLES AND STREET BANNERS (DEFERRED NOVEMBER 12, 1980) City Engineer Priebe reported that the street banners over -load the capacity of the light poles, and the present bases could not be used. Therefore, it would be necessary to relocate them. The estimated cost for putting in new bases for the light poles would be $5-6,000.00. It was suggested by Maintenance Operations Director Neumann that some type of sign(s) be erected near the Chamber of Commerce building, perhaps in the park. Mayor Westlund directed Chamber President Ted Beatty to consider the sign(s) as a project for the Chamber of Commerce. It was moved by Alderman Peterson to defer action at this time. Seconded by Alderman Lueneburg, the motion carried unanimously. (b) CONSIDERATION OF PRIORITY RATING FOR 1981 PROJECTS (DEFERRED NOVEMBER 12, 1980) City Engineer Priebe reported the maps had not arrived; therefore, he re- quested the 1981 projects be reviewed at the next Council meeting. The motion was made by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried, to defer action until the next Council meeting. (c) CONSIDERATION OF BRIGGS & MORGAN LEGAL FEES STATEMENT FOR DEVELOPERS DIVERSIFIED LAWSUIT (TABLED AUGUST 12, 1980) Alderman Lueneburg reported he had requested some research regarding the lawsuit with Developers Diversified. From the information provided, he felt there had been a long lapse of time between when the insurance company was notified of the lawsuit and when they responded to the City (32 days). Therefore, he was reluctant to accept the denial of Forum Insurance to pay the claim by Briggs & Morgan for legal fees. -3- 1 COUNCIL MINUTES NOVEMBER 25, 1980 City Attorney Schantzen stated that between the time the summons was served on the City and the time of the hearing, he had telephoned the insurance company four times. Also, the local agent had called twice, with no commit- ment from Forum. Briggs & Morgan had also called Forum twice. It was his recommendation for the City to pay the Briggs & Morgan statement for legal fees and sue Forum Insurance Company for settlement. Following discussion, Alderman Lueneburg moved to approve payment to Briggs & Morgan law firm in the amount of $10,969.54 and for the City to sue Forum Insurance Company for the denied claim. The motion was seconded by Alder- man Beatty and unanimously carried. (d) CONSIDERATION OF STREET DEPARTMENT TRUCK BID (DEFERRED NOVEMBER 21, 1980) City Engineer Priebe reported on the bids received November 21, 1980. He recommended the two bids for City -owned trucks be rejected and sell the trucks at a spring auction, and accept the bid from Swanke Motors, Inc. for a one ton truck with plow and spreader. After discussion, the motion was made by Alderman Beatty to accept the bid from Swanke Motors, Inc. in the amount of $17,562.00 for a one ton truck with plow and spreader, with no trade. Seconded by Alderman Gruenhagen, the motion carried unanimously. The motion was made by Alderman Beatty to reject the two bids for City -owned 1951 Chevrolet dump truck and 1972 International pickup. The motion was seconded by Alderman Peterson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF AUTHORIZATION FOR HUTCHINSON COMMUNITY HOSPITAL TO ADVERTISE FOR BIDS ON ENERGY COMPUTER Hospital Administrator Philip Graves informed the Council that the Hospital Board had approved staff requests for four items which needed Council ap- proval for purchase. The first item is an energy conservation computer at a cost of $38,000, with $24,000 to be covered by a federal grant. Following discussion, it was moved by Alderman Gruenhagen, seconded by Ald- erman Lueneburg and carried unanimously, to approve advertising for bids on an energy computer for the Hutchinson Community Hospital. (b) CONSIDERATION OF AUTHORIZATION FOR HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE TWO CARDIAC MONITORS Z! COUNCIL MINUTES NOVEMBER 25, 1980 It was requested that the Hutchinson Community Hospital be authorized to purchase two cardiac monitors from International Medical Equipment at a cost not to exceed $6,400. The motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg and carried unanimously, to approve the purchase of two cardiac monitors. (c) CONSIDERATION OF AUTHORIZATION FOR HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE 15 REPLACEMENT COLOR TV SETS It was requested that the Hutchinson Community Hospital be authorized to purchase 15 replacement color TV sets from GTE Sylvania at a cost of approx- imately $5,300. Alderman Peterson moved to approve the purchase of 15 replacement color TV sets for the Hutchinson Community Hospital. The motion was seconded by Alderman Gruenhagen and unanimously carried. (d) CONSIDERATION OF AUTHORIZATION FOR HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE FIVE HOSPITAL BEDS WITH ATTACHMENTS It was requested that the Hutchinson Community Hospital be authorized to purchase five hospital beds with attachments (Borg-Warner) at a cost of ap- proximately $6,000. It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen and car- ried unanimously, to approve the purchase of five hospital beds with attach- ments for the Hutchinson Community Hospital. (e) CONSIDERATION OF PART-TIME POLICE OFFICER It was recommended by the Chief of Police that Carol Schmidtbauer be hired as a part-time police officer for the Hutchinson Police Department. After discussion, Alderman Gruenhagen made the motion to approve the employ- ment of Carol Schmidtbauer as a part-time police officer. The motion was seconded by Alderman Peterson and unanimously carried. (f) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Westlund read a copy of the letter sent to all delinquent account holders. He then inquired if anyone was present wishing to be heard re- garding his/her account. Mr. and Mrs. Francis Bartz appeared before the Council and requested con- sideration for an extension on their delinquent account. Mr. Bartz has been unable to work due to a work-related accident. -5- 1 COUNCIL MINUTES NOVEMBER 25, 1980 It was the recommendation of the Mayor that Mr. and Mrs. Bartz review their water and sewer account with the City Administrator on a monthly basis until such time as it is paid in full. Alderman Gruenhagen moved to discontinue service on December 1, 1980 at 12:00 Noon as recommended by staff for the following, with the exception of accounts 10-0265-0-00 and 24-0275-0-00: 01-0570-0-00, 04-0675-0-00, 09-0760- 3-00, and 20-0065-0-00. The motion was seconded by Alderman Lueneburg and unanimously carried. (g) CONSIDERATION OF RESIGNATION BY PAM ISAACSON After discussion, the motion was made by Alderman Lueneburg to accept the resignation of Pamela Isaacson, effective December 1, 1980, and further to waive reading and adopt Resolution No. 6641 entitled Resolution of Apprecia- tion. Seconded by Alderman Gruenhagen, the motion carried unanimously. (h) CONSIDERATION OF CETA EMPLOYEE The CETA Program has available an individual, namely Aaron Lietzau, who could be employed as a public works laborer for the City. It was the recom- mendation of the Personnel Coordinator that he be hired. Following discussion, Alderman Peterson moved to approve the employment of Aaron Lietzau. Seconded by Alderman Lueneburg, the motion unanimously car- ried. (i) CONSIDERATION OF PURCHASE OF FILE CABINETS FOR POLICE DEPARTMENT Chief of Police O'Borsky requested permission to purchase two file cabinets for the Police Department. After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Peterson and carried unanimously, to approve the purchase of file cabinets for the Police Department. (j) CONSIDERATION OF REQUEST FOR SNOW REMOVAL PERMIT: 1. WALTER CLAY 2. EDWIN KARG 3. CURTIS W. PAULSEN 4. H. H. LEPEL Alderman Peterson moved to approve the applications and issue Snow Removal Permits for the above-named individuals. The motion was seconded by Alder- man Lueneburg and unanimously carried. M COUNCIL MINUTES NOVEMBER 25, 1980 (k) CONSIDERATION OF AUDITING FIRM FOR 1980 YEAR END AUDIT The firm of Thorsen, Campbell, Rolando & Lehne submitted their audit fee proposal for the year ended December 31, 1980. The audit fee would not exceed $13,000. This figure represents a $250 increase over the 1979 year end audit. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Peterson and carried unanimously, to approve the audit proposal from Thorsen, Campbell, Rolando & Lehne. (1) CONSIDERATION OF ADVERTISING FOR BIDS FOR SALE AND/OR DEMOLITION OF TWO HOUSES AND/OR GARAGES ON PROPERTY ADJACENT TO ELDERLY HIGH RISE SITE (FORCIER AND GUETTER) City Administrator Plotz reported the two properties were purchased with salvage rights granted to the owners. There have been inquiries about the sale of the two houses so it was his recommendation to advertise for bids to remove and/or demolish the houses and/or garages after December 1, 1980. After discussion, it was moved by Alderman Gruenhagen to advertise for bids on December 8, 1980 at 2:00 P.M. for the sale and/or demolition of the two houses and/or garages formerly owned by Anthony Forcier and Michael Guetter. The motion was seconded by Alderman Peterson and unanimously carried. (m) CONSIDERATION OF UPGRADINGTELEPHONE SYSTEM AT CITY HALL City Administrator Plotz reported on the proposed PABX telephone system for City Hall which would be installed the first part of 1981. The monthly rent- al for the new equipment would cost $160 more than the City presently pays for telephone service. The new phones will have touch dial, with the capa- bility for conference calls. Also, the system can be coordinated with the Police Department telephones. After discussion, Alderman Peterson moved to authorize installation of the telephone system and to enter into a contract with the Hutchinson Telephone Company. Seconded by Alderman Beatty, the motion unanimously carried. (n) CONSIDERATION OF 1981 SHADE TREE APPLICATION City Administrator Plotz stated the Department of Agriculture has requested all cities to submit their applications for the 1981 Diseased Shade Tree Program by December 1, 1980. The City will continue with the same subsidy program as offered to private owners in the past. Following discussion, the motion was made by Alderman Peterson, seconded by Alderman Beatty and carried unanimously, to approve the 1931 Shade Tree dE 4 COUNCIL MINUTES NOVEMBER 25, 1980 application and to waive reading and adopt Resolution No. 6642 entitled Resolution Giving Approval of Application for 1981 Diseased Shade Tree Pro- gram Sanitation/Reforestation Grant -In -Aid. (o) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY ORVILLE MARTIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 6643 entitled Resolution Granting Conditional Use Permit under Sec- tion 6.07, C.5 of Zoning Ordinance No. 464 to Allow An Addition to A Non - Conforming Structure In A R-2 Zone. The motion was seconded by Alderman Gruenhagen and unanimously carried. (p) CONSIDERATION OF REQUEST FOR REZONING SUBMITTED BY THE CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz explained the vacant lot located on the northeast corner of Second Avenue and Glen Street was being rezoned to C-3 and will be used by the City as a public parking lot,with the owner's permission. Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Lueneburg and carried unanimously, to waive first reading of Ordinance No. 22/80 entitled An Ordinance Amending Ordinance No. 464 Concerning Zon- ing Regulations In the City of Hutchinson and the Official Zoning Map and set the second reading for December 9, 1980. (q) CONSIDERATION OF LAND TRANSFER TO LORRAINE A. MEYER City Attorney Schantzen requested this item be deferred until he had re- viewed the matter. It was moved by Alderman Lueneburg to defer action until the next Council meeting. Seconded by Alderman Peterson, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM THE CITY ADMINISTRATOR City Administrator Plotz reported he had received a memorandum from the Chief of Police requesting a shooting range site. He and the City Engineer had reviewed the site and the City Ordinance Book regarding municipal shoot- ing range. There was nothing in the Ordinance Book on shooting ranges; there- fore, it would require temporary approval from the Council. After discussion, the motion was made by Alderman Beatty to approve a tem- porary shooting range for the Police Department, subject to approval from the Department of Natural Resources. Seconded by Alderman Peterson, the motion carried unanimously. Im Y COUNCIL MINUTES NOVEMBER 25, 1980 It was reported that November 21, 1980 was the closing date on the high rise project. Due to changes requested by the HRA, it was necessary to sign a change order. The money to cover the changes has been budgeted. The ground- breaking ceremony for the elderly high rise will be held at noon on Decem- ber 2, 1980. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund commented that the question had been raised if the Council wished to go on record to endorse or oppose the school bond issue, or should it be on an individual basis. After discussion, it was the consensus of the Council that the school bond issue should be on an individual basis and not a group action. (c) COMMUNICATIONS FROM MAINTENANCE OPERATIONS DIRECTOR Maintenance Operations Director Neumann stated that he and Fred Roberts had walked the downtown area and reviewed the situation of the sidewalks there. In some places the levels have settled, and as a result 20 people in the downtown area will be notified of sidewalks in need of repair. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. (b) STATEMENT FROM KEEFE & SCHANTZEN It was moved by Alderman Lueneburg, seconded by Alderman Beatty and carried unanimously, to authorize payment from the appropriate funds for the state- ment from Keefe & Schantzen in the amount of $3,027.75. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:40 P.M. upon motion by Alderman Peterson, seconded by Alderman Beatty and unanimously carried.