03-27-1980 CCMMINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
THURSDAY, MARCH 27, 1980
The special meeting of the City Council was called to order at 9:04 A.M. by Mayor
Westlund, with the following members present: Aldermen Lueneburg, Beatty and Gruen-
hagen, in addition to Mayor Westlund. Absent: Alderman Peterson. Also present were:
Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, City At-
torney Schantzen, and Sgt. Kirchoff.
A. UNFINISHED BUSINESS
1. CONSIDERATION OF APPLICATIONS FOR RENEWAL OF CLUB ON -SALE LIQUOR LICENSES:
a.) AMERICAN LEGION POST #96
b.) CROW RIVER COUNTRY CLUB
c.) HUTCHINSON ELKS, INC.
d.) V.F.W. POST #906
2. CONSIDERATION OF APPLICATIONS FOR RENEWAL OF ON -SALE LIQUOR LICENSES:
a.) FRONTIER HOUSE
b.) LA CASA DE CAMPA
c.) T. L. SCALAWAGS, INC.
d.) VELVET COACH, INC.
Mr. Jerry Eischens appeared before the Council with his application for an
intoxicating liquor license for the Frontier House.
Discussion was given to the ordinance requirement that the manager of a liquor
establishment live within the City limits. It was the suggestion of Alder-
man Gruenhagen to amend the ordinance to require a Hutchinson mailing address.
Alderman Lueneburg moved to approve the applications and issue liquor licenses,
with the exception of T. L. Scalawags, as listed above and to review the City
liquor ordinance within 60 days regarding the requirement for the manager to
be a resident of the City. The motion was seconded by Alderman Beatty and car-
ried unanimously.
Sgt. Kirchoff informed the Council of an existing problem where intoxicating
liquor is being served and consumed within the bowling alley. It was pointed
out this is a violation and an illegal operation.
After discussion, it was decided to meet with Tom Dolder, owner of T. L.
Scalawags, to try to resolve the issue on April 1, 1980 at 3:00 P.M.
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MARCH 27, 1980
The motion was made by Alderman Gruenhagen, seconded by Alderman Beatty
and unanimously carried, that an intoxicating liquor license not be issued
to T. L. Scalawags until such time as the violation has been resolved.
B. NEW BUSINESS
1. CABLE TV BOARD
Mayor Westlund mentioned that Mr. Robert Zeller of the Minnesota Cable Com-
munications Board had contacted him regarding cable television in Hutchinson.
He was informed that the City must have a Board and approve a system for fran-
chise. A local Cable TV Board was appointed about four or five years ago,
but due to inactivity the members had resigned and the Board dissolved. It
was his recommendation that the City Council comprise the required Board and
submit the statement for the State's approval.
Alderman Beatty moved that the Hutchinson City Council make up the Cable TV
Board. Seconded by Alderman Gruenhagen, the motion unanimously carried.
2. FIRE/POLICE STATION REFERENDUM
Mayor Westlund reported on a meeting held March 27, 1980 with representatives
from the Fire and Police Dep'grtments. Discussion centered on the referendum
vote of March 25, 1980 and reasons why it was defeated by such a low count.
Three options were then presented by the Mayor:
1.) The situation was presented to the residents, and the majority turned
the referendum down. Although the facilities are needed, the majority
was not in favor of it so the issue is dead.
2.) The referendum should be brought to the public again at a later date.
The State Statute requires 180 days before it can be re -voted in the
same form. Another referendum could be held in the fall.
3.) If the proposal was changed, it would be possible to have another refer-
endum prior to 180 days. The proposal could be split into two parts,
with separate buildings for the Police and Fire Departments.
The location of the site would remain the same in the event the referendum
issue would be split. Inasmuch as the Fire Department spent so many man-hours
working on the referendum and there were costs for architectural fees, it
might be a good idea to bring the issue up again for a vote. A decision would
then have to be made as to which department would be placed on the referendum.
It was pointed out that in the fall or winter the School District intends to
place a referendum before the residents. Therefore, it would not be wise to
put the City referendum before the public at the same time.
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MARCH 27, 1980
Sgt. Kirchoff reported he had contacted the Chief of Police who is on vaca-
tion, and it was Chief O'Borsky's preference to have the referendum brought
back as one combined building sometime in the fall or at the time of the No-
vember election. It was also his feeling that with the margin being so close,
the issue should not be dropped.
Following extensive discussion on the referendum and alternatives, the Mayor
instructed Administrative Assistant Plotz to contact Westly Hendrickson of
TKDA to arrange a meeting for next week to further discuss the referendum.
3. SCHOOL ROAD BRIDGE LAWSUIT
Mayor Westlund reviewed the background on the School Road Bridge lawsuit and
the work not meeting specifications as well as uncompleted work in the channel.
There is the possibility that the consultant engineers, RCM, might be brought
into the case.
City Engineer Priebe stated he didn't believe RCM should be included in the
lawsuit since the problem didn't result from the design of the bridge or in-
spection of work done. No one seems to have a solution why the problem on
the deck has occurred. The sub -contractor performed the work, and the con-
tractor is responsible for his performance.
Mayor Westlund commented that in the 10715 years the City has worked with RCM,
there has never been a problem with thehr work. The question is whether or
not the City wants to bring RCM into the lawsuit.
ri
City Attorney Schantzen reported t'he'icourt trial has been set for August,
1980. The law firm of Zahr, Tamb6ri, et al. will be representing the City.
The law firm showed concern that a ju y might find RCM negligent in some way
in their handling of the inspection'o the project. If this would happen,
the City would have to sue RCM and re ry the case. If RCM would be involved
in the trial, all the issues could be,presented to the jury. He didn't think
there would be any ill will between tle City and RCM if they were involved
since they weren't negligent. The contractor had a bonding company so they
could be sued for settlement.
Following lengthy discussion, it was the consensus of the Council to leave
the decision to the discretion of the representative law firm to handle the
case in the manner they felt was best.
4. STATEMENT FROM BRIGGS & MORGAN LAW FIRM
City Attorney Schantzen made reference to the statement received from Briggs
& Morgan law firm in the amount of $10,969.54 for legal servies to prepare
for the preliminary hearing on February 14, 1980 concerning Developers Diver-
sified and Hecht Associates vs. the City of Hutchinson and Three Defendants.
It was his recommendation that the City pay the bill and submit a claim to
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MARCH 27, 1980
Forum Insurance Company. The City has a $1,000.00 deductible policy.
After discussion, it was the consensus of the Council to submit the entire
statement to the insurance company for payment.
5. HRA PUBLIC HEARING
Administrative Assistant Plotz commented on the 2:00 P.M: public hearing
regarding the HRA county -wide establishment. He furthgt reported that
neither Executive Director Lerberg nor any of the HR,�'representatives plan-
ned to attend the hearing.
Mayor Westlund requested the Administrative Assistant to attend the public
hearing on behalf of the City. He also invade re.1ference to future meetings
with the County Commissioners, the four Townsblp Boards, and Hutchinson
Utilities.
There being no further business, the meeting adjourned at 10:24 A.M.
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