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08-12-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 12, 1980 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 7:30 P.M., with the follow- ing members present: Aldermen Lueneburg, Gruenhagen and Beatty, in addition to Mayor Westlund. Absent: Alderman Peterson. 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 Regular Meeting of July 22, 1980 and Special Meetings of July 31, 1980, August 1, 1980, August 8, 1980 and August 12, 1980 were approved as presented upon motion by Alderman Lueneburg, seconded by Alderman Beatty and unanimously car- ried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR GARY PLOTZ TO ATTEND THE MINNESOTA PROJECT CONFERENCE It was the consensus of the Council that City Accountant Merrill would also benefit from attending the above -stated conference. The motion was made by Alderman Beatty to approve both Gary Plotz and Kenneth Merrill attending the Minnesota Project Conference. Seconded by Alderman Gruenhagen, the motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATES BY ERIC BRAUN Discussion was given to the fact that Mr. Eric Braun's annual income was more than the $5,000 limit per year allowed for a reduced rate on trash and refuse service. It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and unani- mously carried, to reject the request. (c) CONSIDERATION OF APPOINTMENTS: COUNCIL MINUTES AUGUST 12, 1980 1) EVERETT HANTGE - HRA 2) DR. D. S. CHERNAUSEK - ( 3) DONALD FALCONER - ( PARK & RECREATION BOARD 4) ROLLAND JENSEN - Mayor Westlund reappointed Everett Hantge to the Housing and Redevelopment Authority for a five year term; and Donald Falconer and Dr. D. S. Chernausek were also reappointed to the Park and Recreation Board for three year terms. Rolland Jensen was appointed to the Park and Recreation Board to complete the unexpired term of "Bud" Daggett. The Council was then asked for ratification of the aforementioned appointments. Alderman Beatty moved to ratify the appointments of Everett Hantge, Dr. D. S. Chernausek, Donald Falconer, and Rolland Jensen to their respective boards. The motion was seconded by Alderman Lueneburg and carried unanimously. (d) CONSIDERATION OF REQUEST FOR FINLEY MIX TO ATTEND WATER WORKS SEMINAR Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried, to approve the request for Finley Mix to attend the Seminar on September 16-18, 1980. (e) CONSIDERATION OF REQUEST FOR CHIEF O'BORSKY TO ATTEND NATIONAL CHIEFS OF POLICE CONVENTION After discussion, the motion was made by Alderman Lueneburg to approve the at- tendance of Police Chief O'Borsky at the National Chiefs of Police Convention in September. The motion was seconded by Alderman Beatty and carried unani- mously. (f) CONSIDERATION OF RESIGNATION OF EUGENE "BUD" DAGGETT FROM THE PARK AND RECREATION BOARD Mayor Westlund commented that a letter of resignation had been received from "Bud" Daggett terminating his term on the Park and Recreation Board inasmuch as he was recently appointed to the Hutchinson Utilities Commission. Alderman Lueneburg moved to accept the resignation of Eugene "Bud" Daggett from the Park and Recreation Board. Seconded by Alderman Gruenhagen, the mo- tion unanimously carried. (g) CONSIDERATION OF REQUEST FOR GIRL SCOUTS TO USE BANDSHELL IN LIBRARY SQUARE Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, to approve the use of the band - shell in Library Square by the Girl Scouts on August 26, 1980. -2- COUNCIL MINUTES AUGUST 12, 1980 (h) CONSIDERATION OF REQUEST TO PURCHASE POLICE PATROL VEHICLE The Chief of Police requested authorization from the Council for the Police Department to purchase a patrol vehicle in 1980 to replace one of the Plymouth Volares. Since no trade-in was made when the first vehicle was purchased in 1980, the budget is $2,200.00 short of funds. Therefore, it was requested that $2,200.00 be transferred from the contingency fund to provide for the difference. From the price quotes received for a police vehicle, it was recom- mended to accept the quote from Wigen's Chevrolet for a four -door Malibu in the amount of $5,906.89, which included the trade-in of the Volare. After discussion, it was moved by Alderman Gruenhagen to approve the purchase of the Malibu from Wigen's Chevrolet and to transfer $2,200.00 from the con- tingency fund. Seconded by Alderman Lueneburg, the motion unanimously carried. (i) CONSIDERATION OF REQUEST FOR RALPH NEUMANN TO ATTEND PUBLIC WORKS CONGRESS SEPTEMBER 13-18, 1980 Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen and carried unanimously, to approve the request for Ralph Neumann to attend the Public Works Congress. (j) CONSIDERATION OF REQUEST FOR BRUCE ERICSON AND MARV HAUGEN TO ATTEND MINNESOTA ICE ARENA MANAGER'S FALL CONFERENCE SEPTEMBER 10-11, 1980 After discussion, Alderman Beatty moved to approve Bruce Ericson and Mary Haugen attending the Fall Conference on September 10-11, 1980. The motion was seconded by Alderman Gruenhagen and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6575 - RESOLUTION OF APPRECIATION (PAUL BERG) The motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried, to waive reading and adopt Resolution No. 6575 en- titled Resolution of Appreciation (Paul Berg). (b) RESOLUTION NO. 6576 - RESOLUTION AUTHORIZING SUBSTITUTION OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MN Alderman Beatty moved to waive reading and adopt Resolution No. 6576 entitled Resolution Authorizing Substitution of Securities to First National Bank of Hutchinson, Minnesota. The motion was seconded by Alderman Gruenhagen and unanimously carried. -3- COUNCIL MINUTES AUGUST 12, 1980 (c) RESOLUTION NO. 6577 - RESOLUTION OF APPRECIATION (EUGENE "BUD" DAGGETT) Following discussion, the motion was made by Alderman Lueneburg to waive read- ing and adopt Resolution No. 6577 entitled Resolution of Appreciation (Eugene "Bud" Daggett). Seconded by Alderman Gruenhagen, the motion carried unani- mously. (d) RESOLUTION NO. 6578 - TRANSFER OF GENERAL REVENUE SHARING FUNDS FOR SUPPORT OF HUTCHINSON GENERAL FUND After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried, to waive reading and adopt Resolution No. 6578 entitled Transfer of General Revenue Sharing Funds for Support of Hutchinson General Fund. (e) RESOLUTION NO. 6579 - RESOLUTION SETTING ELECTION, TIME, PLACE LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR STATE PRIMARY ELECTION AND STATE GENERAL ELECTION Following discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 6579 entitled Resolution Setting Election, Time, Place Locations of Precincts, and Appointing of Judges for State Primary Election and State Gen- eral Election. The motion was seconded by Alderman Gruenhagen and carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - JULY 1980 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF TREE BOARD DATED JUNE 17, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED JUNE 3, 1980 AND JULY 1, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PARK AND RECREATION BOARD MEETING DATED JUNE 4, 1980 AND JULY 2, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -4- COUNCIL MINUTES AUGUST 12, 1980 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUESTS FOR STREET LIGHTING AS PROPOSED BY HUTCH UTILITIES (DEFERRED JULY 8, 1980) City Engineer Priebe presented a report on the petitions received for street lighting and the location of the areas involved. Most of the work was lo- cated on South Adams Street, Highway 7 East and and the School Road area. The estimated cost for the work was $14,954, with the funds to come from the 1980 Bond Improvement Fund. After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Gruenhagen and unanimously carried, to authorize the installation of the street lights,with payment from the 1980 Bond Improvement Fund. (b) CONSIDERATION OF AWARDING BIDS FOR HOUSES AND/OR GARAGE(S) (DEFERRED 8-1-80) Juul Contracting was the low bidder for demolition of the buildings at the following sites: 25 Franklin Street North $400.00 45 Second Avenue Northeast 350.00 65 Second Avenue Northeast 275.00 The provision was that the City would haul the debris from the site and back- fill the excavations. It was further recommended that the sewer and water services be disconnected at the main inasmuch as the bid price did not include this work. Also, it was recommended the work not begin for a two week period to allow the sale of the house at 65 Second Avenue Northeast and the garage at 25 Franklin Street North. The bids for the demolition work at Main and Second Avenue Northeast (North Star Service Station) and 25 Second Avenue Northeast were not recommended at this time. The low bidder will not withdraw his bid for an additional 60 days. Following discussion, it was the consensus of the Council that the garage at 25 Franklin Street North should be relocated at the Street Department site and continued to be used for fire department storage. Also, it was recommended that Juul Contracting demolish the house on the Weseloh property at 35 Second Avenue Northeast for $350.00. The motion was made by Alderman Beatty to award the bids to Juul Contracting, contingent upon the work being done on the additional house in the amount of $350.00. Seconded by Alderman Lueneburg, the motion carried unanimously. -5- COUNCIL MINUTES AUGUST 12, 1980 9. NEW BUSINESS (a) CONSIDERATION OF CETA FUNDED EMPLOYEE - HAVTI STUDENT SECRETARY The CETA Public Service Employment program has made available the employment of a student secretary, with full cost reimbursed by CETA. It was recommended to hire Elaine Kadlec on a part-time basis in the Street Department office - through December, 1980. After discussion, Alderman Gruenhagen moved to approve the employment of a CETA funded employee. Seconded by Alderman Beatty, the motion unanimously carried. (b) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY ST. ANASTASIA CATHOLIC CHURCH Following discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Beatty and carried unanimously, to issue an "On Sale" Non -Intoxicating Malt Liquor License to St. Anastasia Catholic Church for their Fall Festival. (c) CONSIDERATION OF PERMANENT STATUS OF RANDY HANKE, LIQUOR STORE CLERK After discussion, the motion was made by Alderman Gruenhagen to approve the permanent employment of Randy Hanke. The motion was seconded by Alderman Lueneburg and carried unanimously. (d) CONSIDERATION OF 1979 ASSESSMENT ROLLS NO. 79, 80, 81, 82, 83, 84 AND 85 City Engineer Priebe reported the 1979 Assessment Rolls No. 79, 80, 81, 82, 83, 84 and 85 have been completed. He, therefore, recommended setting a pub- lic hearing for August 26, 1980 at 8:00 P.M. Alderman Gruenhagen made the motion to set a public hearing on the 1979 Assess- ment RollA No. 79, 80, 81, 82, 83, 84 and 85 for August 26, 1980 at 8:00 P.M. Seconded by Alderman Beatty, the motion unanimously carried. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6580 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 79, Project 79-03. Seconded by Alder- man Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6581 entitled For Hearing on Proposed Assessment, Assessment Roll No. 79, Project 79-03. Seconded by Alderman Lueneburg, the motion carried unanimously. so COUNCIL MINUTES AUGUST 12, 1980 It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6582 entitled Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment, Assessment Roll No. 80, Project 79-01 & 79-07. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6583 entitled For Hearing on Proposed Assessment, Assessment Roll No. 80, Project 79-01 & 79-07. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6584 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 81, Project 79-02 & 79-08. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6585 entitled For Hearing on Proposed Assessment, Assessment Roll No. 81, Project 79-02, & 79-08. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6586 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 82, Project 79-04. Seconded by Alder- man Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6587 entitled For Hearing on Proposed Assessment, Assessment Roll No. 82, Project 79-04. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6588 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 83, Project 78-05. Seconded by Alder- man Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6589 entitled For Hearing on Proposed Assessment, Assessment Roll No. 83, Project 78-05. Seconded by Alderman Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6590 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 84, Project 79-05. Seconded by Alder- man Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6591 entitled For Hearing on Proposed Assessment, Assessment Roll No. 84, Project 79-05. Seconded by Alderman Lueneburg, the motion carried unanimously. -7- COUNCIL MINUTES AUGUST 12, 1980 It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6592 entitled Declaring Cost to Be Assessed and Ordering Preparation of Pro- posed Assessment, Assessment Roll No. 85, Project 79-06. Seconded by Alder- man Lueneburg, the motion carried unanimously. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6593 entitled For Hearing on Proposed Assessment, Assessment Roll No. 85, Project 79-06. Seconded by Alderman Lueneburg, the motion carried unanimously. (e) CONSIDERATION OF ARCHITECT FOR MCDONALD'S PARK Parks and Recreation Director Ericson reported that three presentations were made on July 31, 1980 regarding architectural fees and designs for McDonald's Park. It was his recommendation to hire the architect services of Saunders- Thalden & Associates, Inc. Mr. Ericson further pointed out the park develop- ment will be done through a grant. After discussion, Alderman Gruenhagen made the motion to accept the recommen- dation of the Parks and Recreation Director for architect services at McDonald's Park. The motion was seconded by Alderman Beatty and unanimously carried. (f) CONSIDERATION OF ONE-TIME INCREASE IN LEVY LIMITATION City Accountant Merrill presented a report on the City's levy limit. A one- time adjustment of 10% (3.4 mills) for taxable year 1981 would result in an increase of approximately $105,507.00. The State puts a limit on the dollar amount available to the City; since it is questionable if the revenue sharing will be continued, the City's 1981 budget has been prepared without these funds. An adjustment of the levy limit would require: 1) adoption of a resolution of intent and setting a public hearing date; 2) publication of a hearing notice in the newspaper for four consecutive weeks prior to the hearing; 3) stating the amount of the 10% levy increase; 4) a 30 -day waiting period for petitions; 5) a referendum held if 5%, or 2,000 signatures, of last fall's election were presented; 6) if there were no petitions, the levy would be implemented. Following discussion, the Mayor pointed out that the adopted resolution could be rescinded if the funds were not needed by the City. The motion was made by Alderman Beatty to waive reading and adopt Resolution No. 6594 entitled Resolution Determining Amount and Setting Public Hearing of Levy Limit Adjustment, and set public hearing for September 23, 1980. Seconded by Alderman Gruenhagen, the motion unanimously carried. am COUNCIL MINUTES AUGUST 12, 1980 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the progress of the elderly high rise project. Groundbreaking is scheduled for November if the time schedule can be met. It will be necessary for the bidding to transpire between the de- veloper and contractor before September 15, 1980. The vacation of an alley will be required for the high rise, and the Planning Commission will be act- ing on this matter at a special meeting on August 25, 1980. Mr. Plotz stated a notice was received from the Department of Transportation informing the City their application for proposed Hutchmobiles had been ap- proved. Also, the operating funds had been increased. Mention was made of the Appreciation Picnic to be held August 27, 1980 at Riverside Optimist Park. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund informed the Council that Arnie Carlson, State Auditor, would be in the City Hall Auditorium on August 13, 1980, 10:00 A.M. He suggested they stop in for a visit. (c) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported Clarence Freitag had requested permission to split a 299 -foot lot on Lynn Road to give a utility easement through the front half to serve the west half. This action would require Council approval. Following discussion, it was moved by Alderman Gruenhagen to refer the ease- ment question to the Planning Commission. Seconded by Alderman Lueneburg, the motion carried unanimously. (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schantzen stated the School Road Bridge lawsuit had been set- tled out-of-court on Monday afternoon. The City will receive $65,000 from the general contractor's bonding company and retain $33,000,plus interest, which was withheld from payments. This money will be used to pay for the re- surfacing of the bridge, clearing of the river channel and other work pre- viously authorized to complete the project. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS -9- COUNCIL MINUTES AUGUST 12, 1980 12. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. (b) STATEMENT OF LEGAL FEES FOR DEVELOPERS DIVERSIFIED VS. CITY OF HUTCHINSON LAWSUIT City Attorney Schantzen commented that a statement from Briggs & Morgan had been submitted to the insurance company to cover attorney fees for prelimin- ary hearings on the Developers Diversified vs. City of Hutchinson lawsuit, prior to the insurance company appointing legal counsel for the City. Also, a statement for legal fees from Keefe & Schantzen was submitted for payment. Both bills were rejected by Forum Insurance. Mr. Schantzen suggested writing a letter to the insurance company. Two al- ternatives could be considered: 1) the City pay Briggs & Morgan and sue the insurance company, or 2) let Briggs & Morgan sue the City and bring in the insurance company as a third party, hoping they will be forced to pay the bill. Following discussion, the motion was made by Alderman Gruenhagen to table the matter. The motion was seconded by Alderman Lueneburg and carried unani- mously. AT1.T(1TTRNW..NT There being no further business to come before the Council, the meeting adjourned at 8:45 P.M. upon motion by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried. -10-