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05-13-1980 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 13, 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. Absent: none. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Di- rector 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 Meetings of April 1, 1980 and April 28, 1980; Regular Meeting of April 22, 1980; Special Meetings of May 1, 1980, May 6, 1980 and May 8, 1980 were approved as presented upon motion by Alderman Peterson, seconded by Ald- erman Beatty and unanimously carried. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR OFFICER BILL MATTSFIELD AND SGT. JOHN GREGOR TO ATTEND CONFERENCE ON MAY 19-20, 1980 Following discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Beatty and carried unanimously, to approve the above-named to attend a conference on sexual victimization of children. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 9/80 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (FREDRICKSON'S) After discussion, Alderman Gruenhagen moved to waive the second reading and adopt Ordinance No. 598 entitled An Ordinance Amending Ordinance No. 464 Con- cerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map. The motion was seconded by Alderman Lueneburg and carried unanimously. (b) ORDINANCE NO. 10/80 - SECTION 200 - CITY ADMINISTRATOR Following discussion, the motion was made by Alderman Gruenhagen, seconded COUNCIL MINUTES MAY 13, 1980 by Alderman Peterson and unanimously carried, to waive the first reading and set second reading of Ordinance No. 10/80 entitled Section 200 - City Administrator,for May 27, 1980. (c) RESOLUTION NO. 6535 - TRANSFERRING $15,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Peterson, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolution No. 6535 entitled Transferring $15,000 from Liquor Store to General Fund. (d) RESOLUTION NO. 6536 - RESOLUTION AUTHORIZING PLANNING AND ACTION RELATIVE TO DEVELOPING JOINT PROPOSALS FOR SCHOOL AND CITY FACILITIES DEVELOPMENT Following discussion, the motion was made by Alderman Gruenhagen to waive reading and adopt Resolution No. 6536 entitled Resolution Authorizing Plan- ning and Action Relative to Developing Joint Proposals for School and City Facilities Development. The motion was seconded by Alderman Lueneburg and unanimously carried. (e) RESOLUTION NO. 6538 - RESOLUTION SETTING ELECTION, TIME, PLACE LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR CITY SPECIAL ELECTION The Mayor made reference to the referendum defeated on March 25, 1980 in which a $1,700,000 bond for a new Fire/Police Station was presented to the voters. He pointed out that unless a revision was made in the referendum, the City would be required to wait 180 days before presenting the same ques- tion. It had, therefore, been decided by the Council to engage a different architect and make changes in the facilities, thus reducing the cost of the building to $1,500,000. A new date of June 24, 1980 was set for a City spe- cial election. It was moved by Alderman Beatty to set the City special election for June 24, 1980 and waive reading and adopt Resolution No. 6538 entitled Resolution Set- ting Election, Time, Place Locations of Precincts, and Appointing of Judges for City Special Election. Seconded by Alderman Gruenhagen, the motion unan- imously carried. (f) RESOLUTION NO. 6539 - RESOLUTION ESTABLISHING THE QUESTION FOR A FIRE/POLICE BUILDING BOND ISSUE After discussion, Alderman Lueneburg moved to waive reading and adopt Reso- lution No. 6539 entitled Resolution Establishing The Question for A Fire/ Police Building Bond Issue. The motion was seconded by Alderman Beatty and carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS -2- COUNCIL MINUTES MAY 13, 1980 (a) BUILDING OFFICIAL'S MONTHLY REPORT - APRIL 1980 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED APRIL 1, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED FEBRUARY 12, 1980 AND FEBRUARY 25, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF HOSPITAL BOARD DATED FEBRUARY 19, 1980 AND MARCH 18, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF CIVIC ARENA BOARD DATED APRIL 16, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR HANDICAPPED PARKING SPACES FOR GRACE EVANGELICAL LUTHERAN CHURCH (DEFERRED APRIL 22, 1980) It was the recommendation of the Police Department to approve the requested handicapped parking spaces and installation of two signs in front of the Grace Evangelical Lutheran Church at the designated locations. It was moved by Alderman Peterson, seconded by Alderman Gruenhagen and car- ried unanimously, to approve the request for handicapped parking spaces.. (b) CONSIDERATION OF VARIANCE FOR SHOOTING RANGE FOR POLICE DEPARTMENT (DEFERRED APRIL 22, 1980) Item withdrawn from Agenda at this time. (c) CONSIDERATION OF AWARDING BID(S) FOR HOSPITAL ELECTRICAL GENERATOR AND TRANSFER SWITCH FOR EMERGENCY POWER SYSTEM (DEFERRED APRIL 8, 1980) -3- COUNCIL MINUTES MAY 13, 1980 Alderman Gruenhagen explained that bids were received on April 8, 1980 for the emergency generator and transfer switches for the emergency power system at the Hospital. The Hospital Board had reviewed the bids,and it was their recommendation to: 1) Recommend bid package A be rejected and the Hospital be given authorization to readvertise for bids to be obtained directly from the manufacturers to effect a savings of approximately $2,500. 2) Allow Hoffman Electric of St. Paul to withdraw its bid packages A & B for reasons stated in their letter of April 23, 1980. 3) Accept second low bidder of Quade's, Inc. of Hutchinson for bid package B in the amount of $32,974, for electrical construction. 4) Accept Miller, Miller & Mac of Hutchinson for general construc- tion work, bid package C, in the amount of $24,982. It was pointed out the low bid on the electrical generator and transfer switches (bid package A) would not exceed $40,000. Following discussion, the motion was made by Alderman Gruenhagen to approve the above -stated recommendations and set a bid opening date of June 4, 1980 at 2:00 P.M. for bid package A (electrical generator and transfer switches). Seconded by Alderman Beatty, the motion unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST TO CONSTRUCT SPLIT RAIL FENCE ON CITY RIGHT-OF-WAY BY RIVERSIDE PROPERTIES CO. M r. Jim Cavanaugh, representing Riverside Properties Co., came before the Council and requested permission to construct a split rail fence on the City right-of-way of Lot 5, Block 41, North half of City. The vacant lot had pre- viously been used as an employee parking lot by the Hutchinson Medical Center. The property has now been landscaped, but people continue to drive their cars on it. He felt a decorative fence would eliminate the problem and beautify the area; however, it falls in the City street right-of-way. The City Engineer stated the fence could be erected in the City right-of- way but should be erected on the property subsequent to curb and gutter on both sides of the property. After discussion, Alderman Lueneburg moved to approve the erection of a fence on the City right-of-way along the corner of First Avenue NW and Franklin Street N. Seconded by Alderman Beatty, the motion carried unanimously. -4- COUNCIL MINUTES MAY 13, 1980 (b) CONSIDERATION OF ESTABLISHING BOARD OF REVIEW MEETING ON MONDAY, JUNE 16, 1980 AT 10:00 A.M. A new date for the Board of Review has been set for Monday, June 16, 1980 at 10:00 A.M. at which time property owners will be given the opportunity to discuss assessed valuation and real estate with the County Assessor. It was moved by Alderman Gruenhagen to approve the date and time for the Board of Review meeting. The motion was seconded by Alderman Beatty and carried unanimously. (c) CONSIDERATION OF $900,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 Mr. Bob Sander of Juran & Moody, Inc. appeared before the Council and pre- sented the 1980 G.O. Improvement Bonds in the amount of $900,000. He stated the bonds would be dated July 1, 1980 and would be an 11 -year bond issue. He further suggested the date of June 10, 1980 for sale of the bonds, with bids to be opened at 4:00 P.M. in City Hall. Following discussion, Alderman Beatty moved to waive reading and adopt Resolution No. 6534 entitled Resolution Relating to $900,000 Improvement Bonds of 1980; Authorizing The Issuance And Public Sale Thereof. Seconded by Alderman Gruenhagen, the motion unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and car- ried unanimously, to approve the date of June 10, 1980 at 4:00 P.M. to open bids for the 1980 G.O. Improvement Bonds. (d) CONSIDERATION OF APPLICATION FOR PERMITS AND LICENSES SUBMITTED BY HUTCHINSON JAYCEES WATER CARNIVAL COMMITTEE: 1. STREET USE 2. KIDDIE DAY PARADE PERMIT 3. GRAND PARADE PERMIT 4. SQUARE DANCE PERMIT 5. CONCERT PERMIT 6. RETAIL "ON -SALE" NON -INTOXICATING MALT LIQUOR LICENSE 7. RUNNING RACES ON JUNE 21, 1980 After discussion, the motion was made by Alderman Peterson to approve the applications and issue permits and license where applicable,for the Hutchin- son Jaycees Water Carnival. The motion was seconded by Alderman Beatty and carried unanimously. (e) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Westlund read a copy of the letter sent to all delinquent account holders and inquired if there was anyone present to be heard regarding his/her account. There was no response. -5- COUNCIL MINUTES MAY 13, 1980 After discussion, Alderman Gruenhagen moved to discontinue service on May 30, 1980 at 8:00 A.M. for the following accounts if unpaid by that date: 01-0660-1-00, 02-0125-0-00, 02-0260-0-00, 02-0450-8-00, 02-0580- 7-00, 07-0900-1-00, and 42-0070-1-00. Seconded by Alderman Lueneburg, the motion unanimously carried. (f) CONSIDERATION OF APPOINTMENTS: 1. LIBRARY BOARD - (3 YEARS) PAUL ACKLAND RALPH BERGSTROM SALLY CONE 2. POLICE CIVIL SERVICE COMMISSION - (3 YEARS) JOSEPH C. DANSEREAU It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously, to ratify the appointments of Paul Ackland, Ralph Berg- strom and Sally Cone for a three-year term on the Library Board. It was moved by Alderman Peterson to ratify the appointment of Joseph C. Dansereau to the Police Civil Service Commission for a three-year term. The motion was seconded by Alderman Beatty and unanimously carried. (g) CONSIDERATION OF REQUEST BY MCLEOD COUNTY HISTORICAL SOCIETY FOR EXTENSION OF TIME FOR MUSUEM TO REMAIN ON PRESENT PROPERTY Administrative Assistant Plotz reported the McLeod County Historical Society was having difficulty finding a new location for the McLeod County Museum. Therefore, they are asking for an extension of time to remain at 105 South Jefferson. Mr. Ken Lever, Developer for Levner Company, had told Mr. Plotz he had no objection of the extension since he hoped to hear from HUD by Aug - us t . Following discussion, the motion was made by Alderman Beatty to approve an extension of time to July 1, 1980 for the McLeod County Musuem to remain on present property. Seconded by Alderman Lueneburg, the motion unanimously carried. (h) CONSIDERATION OF APPOINTMENT OF CHARLES NELSON AS LIQUOR STORE MANAGER, EFFECTIVE JULY 1, 1980 After discussion, Alderman Peterson made the motion, seconded by Alderman Lueneburg and carried unanimously, to approve the appointment of Charles Nelson as Liquor Store Manager. (i) CONSIDERATION OF RALPH NEUMANN AS DIRECTOR OF MAINTENANCE OPERATIONS, EFFECTIVE JULY 1, 1980 Following discussion, it was moved by Alderman Lueneburg to approve the appointment of Ralph Neumann as Director of Maintenance Operations. The motion was seconded by Alderman Peterson and unanimously carried. (j) CONSIDERATION OF MERIT INCREASE FOR SALARIED EMPLOYEES After discussion, the motion was made by Alderman Lueneburg to approve the recommended merit increases for salaried employees. Seconded by Alderman Beatty, the motion carried unanimously. (k) CONSIDERATION OF AMENDMENT TO AFFIDAVIT FOR REDUCED TRASH AND REFUSE RATES Administrative Assistant Plotz commented the Council had amended the affi- davit at the last meeting to increase the income requirements and the amount of the reduction charge. This amendment would include disability as defined by the Social Security Administration. Following discussion, Alderman Beatty moved to approve the amendment to the affidavit for reduced trash and refuse rates. Seconded by Alderman Gruen- hagen, the motion unanimously carried. (1) CONSIDERATION OF REQUEST FOR COMPLETION OF PROBATION FOR POLICE SERGEANT JOHN GREGOR It was reported Sgt. John Gregor had completed his six month probation period and had completed the supervisory course. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Peterson and carried unanimously, to approve completion of Sgt. John Gregor's probation. (m) CONSIDERATION OF PHYSICALS FOR FIREMEN Fire Chief Schlueter reported the Fire Department had been looking at a physical program for some years. They would like to require new firemen to have a physical. The Hutchinson Medical Center had submitted a price breakdown on physicals for the firemen. Following extensive discussion, Mayor Westlund directed Alderman Beatty to work with the Fire Department on this matter and bring a recommendation to the Council at a later date. It was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg and car- ried unanimously, to table the item. (n) CONSIDERATION OF ROADWAY AT WEST RIVER PARK City Engineer/Public Works Director Priebe reported the area for the camp- ing trailers at West River Park is very dusty due to through traffic. It was recommended the roadway be barricaded on the east end by the Sanctuary -7- COUNCIL MINUTES MAY 13, 1980 and be signed on the west "Dead End - Campers Only." After discussion, the motion was made by Alderman Peterson to approve the recommendation for the roadway at West River Park. The motion was seconded by Alderman Beatty and carried unanimously. (o) CONSIDERATION OF LETTING DATE FOR 1980 IMPROVEMENT PROJECTS It was recommended by the City Engineer/Public Works Driector Priebe to receive and open bids for the 1980 improvement projects on June 10, 1980 at 2:00 P.M. Following discussion, it was moved by Alderman Peterson, seconded by Alder- man Gruenhagen and unanimously carried, to approve the letting date of June 10, 1980 at 2:00 P.M. for 1980 Improvement Projects. (p) CONSIDERATION OF DRIVEWAY ENTRANCES AND SIDEWALK City Engineer/Public Works Director Priebe reported on the condition of the driveway entrances and sidewalks in the 300 block on Dale Street. It was his opinion that the property owners should be notified of their responsi- bility for the approaches and sidewalk on their property and be given 30 days in which to correct the situation. Mayor Westlund questioned why only certain approaches and sidewalks were being considered for repair when other existing sidewalks are in need of improvement and are dangerous. He felt there was also a need for some new sidewalks in the City. Alderman Beatty commented the Planning Commission had recently discussed a policy on sidewalks, but no agreement was ever reached and the issue was dropped. After discussion, Mayor Westlund instructed the City Engineer to have the staff do a study of the City and determine areas in need of sidewalk im- provements. A report should then be ready by September for presentation to the Council. The improvements would be considered for the next construc- tion season. It was moved by Alderman Peterson that the home owner who contacted the City be notified of the City policy regarding driveway entrances and side- walks. Seconded by Alderman Beatty, the motion unanimously carried. (q) CONSIDERATION OF UNRETURNED RAW WATER KEY BY GREEN GIANT City Engineer/Public Works Director Priebe informed the Council that the missing water key was for untreated water. The use of the key is charged by the month, and the fee of $120 is based on the eight months the key has been unreturned by Green Giant. Green Giant has informed the City the key me COUNCIL MINUTES MAY 13, 1980 was lost, and they have offered to pay $50.00 in settlement. Following discussion, Alderman Gruenhagen moved that the City accept the $50.00 payment from Green Giant for the unreturned raw water key and con- sider it paid in full. The motion was seconded by Alderman Beatty and car- ried unanimously. (r) CONSIDERATION OF WATERLINE REPAIR AT WEST RIVER PARK (MILLER, MILLER & MAC) City Engineer/Public Works Director Priebe reported Miller, Miller & Mac has never responded to the billing in the amount of $408.00 sent to them in February, 1979 for waterline repair at West River Park. It was his recom- mendation to refer this matter to the City Attorney for legal action. After discussion, it was moved by Alderman Peterson, seconded by Alderman Beatty, to refer the above stated billing to the City Attorney. (s) CONSIDERATION OF HIRING SUMMER EMPLOYEES FOR RECREATION DEPARTMENT Following discussion, Alderman Beatty made the motion to approve the hiring of the recommended summer employees for the Recreation Department. Seconded by Alderman Gruenhagen, the motion unanimously carried. (t) CONSIDERATION OF TEMPORARY EMPLOYEES FOR SUMMER WORK After discussion, the motion was made by Alderman Peterson, seconded by Alderman Lueneburg and carried unanimously, to approve employing the recom- mended temporary employees for summer work. (u) CONSIDERATION OF PERMANENT STATUS OF FULL-TIME EMPLOYEES Following discussion, it was moved by Alderman Gruenhagen to approve the permanent employment of Roger Bakken and Larry Huhn. Seconded by Alderman Beatty, the motion unanimously carried. It was moved by Alderman Gruenhagen, seconded by Alderman Lueneburg and car- ried unanimously, to extend the probationary period through August 13, 1980, for an additional three months due to an attendance problem* for Randall Hanke. (v) CONSIDERATION OF EMPLOYMENT OF CRAIG REESE FOR STREET MAINTENANCE After discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried, to approve the employment of Craig Reese for street maintenance. COUNCIL MINUTES MAY 13, 1980 (w) CONSIDERATION OF AUTHORIZING INSTALLATION OF TAPE RECORDING SYSTEM IN COUNCIL CHAMBERS Administrative Assistant Plotz reported the Police Department has a tape recording system that is not being used. It will record for a period of four hours, and the tapes can be erased and re -used. It was his recommen- dation to tape record the Planning Commission and Council meetings. Following discussion, Alderman Gruenhagen moved to approve using a tape recording system and to keep the tapes on file for a period of six months. Seconded by Alderman Beatty, the motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported there would be a meeting regarding the fire/police station project on Thursday, May 15, 1980 at 8:00 A.M. Mr. Plotz stated there have been several complaints regarding the commer- cial refuse charges so Mr. Jim Junker would like to meet with the City Coun- cil and the complaintees. A meeting has been scheduled for Friday, May 23, 1980 at 10:00 A.M. A meeting with the County Board was held today regarding the tax increment districts. The Council will also need to meet with the School Board, and the date of Thursday, May 29, 1980 at noon in the Central District Services Office has been established. The Council was reminded of a Department Head meeting on Thursday, May 29, 1980 at 7:30 A.M., followed by an audit review with the auditors at 8:30 A.M. A letter was received from the McLeod County Township Association inviting the Council to an informal meeting with the Executive Board and four town- ships on Thursday, May 22, 1980 at 8:30 P.M. Since this was not a good date for most of the members, the date of June 4, 1980 at 8:30 P.M. was suggested as an alternate. - Mr. Plotz mentioned he had received a request from West Central Community Service Center for one handicapped parking space on Main Street. He had discussed it with the Chief of Police, and they felt the space could be made available. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund commented he had received a letter from the Chamber of Com- merce and Elks regarding Flag Day on June 12, 1980. He and the Council mem- bers were invited to the festivities, but he would be unable to attend due to the League Conference that week. The Chamber of Commerce requested permission to use the Library Square every Thursday night until August for outdoor band concerts. In the event -10- COUNCIL MINUTES MAY 13, 1980 of rain, they would like permission to use the Old Armory for the concerts. It was moved by Alderman Beatty to approve the requests of the Chamber of Commerce regarding the band concerts. Seconded by Alderman Lueneburg, the motion carried unanimously. Mayor Westlund reported the School District was concerned about the School Road Bridge being closed for repair during the time of summer school. It would create a problem for the school buses. The School was hopeful the bridge could be closed after the middle of July and be opened in time for school in September. (c) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty reported the Park Towers had requested handicapped entrances to the high rise building. (d) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe stated he had received a letter from Butch Wentworth of Hutchinson Utilities. The cost for the light on Monroe Street would be $185, with the payment charged to the individuals served. The City would pay for the energy used. He had contacted the property owner who requested the light, and seven parties would be involved. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried, to approve the verified claims, including the permit fee of $325.00 to Burlington Northern (Permit No. 234,160), and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:45 P.M. upon motion by Alderman Peterson, seconded by Alderman Luene- burg and carried unanimously. -11-