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04-13-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 13, 1982 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: None. Also present: City Administrator Gary D. Plotz, City Engineer Marlow Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend E. David Natwick of the Christ the King Lutheran Church. 3. MINUTES The minutes of the bid openings dated March 18, 1982 and March 19, 1982 and special meeting dated April 2, 1982 were approved as read upon motion by Alder- man Beatty, seconded by Alderman Gruenhagen and unanimously carried. The minutes of the regular meeting of March 23, 1982 were approved as read up- on motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR STREET LIGHTING ON GRAHAM STREET It was pointed out that Graham Street is a new street, and there is no lighting on it. Following discussion, the motion was made by Alderman Carls to refer the request for street lighting on Graham Street to the Hutchinson Utilities. The motion was seconded by Alderman Beatty and unanimously carried. (b) CONSIDERATION OF APPOINTMENTS: 1) DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD - DICK LENNES DUWAYNE PETERSON 2) TREE BOARD - JERRY BROWN COUNCIL MINUTES APRIL 13, 1982 3) LIBRARY BOARD - ALBERT LINDE KATHY MCGRAW GINA IVERSON Mayor DeMeyer raised a question whether Dick Lennes could serve on the Downtown Development Board inasmuch as he lives outside the City limits. It was the consensus of the other Council members and City Attorney that he could since this Board is comprised of downtown businessmen. The motion was made by Alderman Beatty, seconded by Alderman Carls, to ratify the appointment of Dick Lennes and DuWayne Peterson to the Downtown Development District Advisory Board. The motion carried with a 4-1 vote, with Mayor DeMeyer voting nay. It was moved by Alderman Beatty to ratify the appointment of Jerry Brown to the Tree Board. Seconded by Alderman Mlinar, the motion carried unani- mously. Alderman Carls moved to ratify the appointments of Albert Linde, Kathy Mc- Graw and Gina Iverson to the Library Board. The motion was seconded by Alderman Beatty and carried unanimously. (c) CONSIDERATION OF TWO POLICE DISPATCHERS ATTENDING OFFICER SURVIVAL SEMINAR ON MAY 8, 1982 After discussion, the motion was made by Alderman Carls, seconded by Ald- erman Mlinar and unanimously carried, to approve the two police dispatchers attending the Officer Survival Seminar. (d) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE AND BANDSHELL ON MAY 1, 1982 FOR SPRING COMMUNITY CLEAN-UP The date of May 1, 1982 was established for the spring community clean-up, with an alternative date of May 15 in case of inclement weather. It was requested that the Community Development Committee be allowed to use the Library Square and bandshell for a control center. Also, it was requested that one city truck and driver be available to haul filled trash bags to the landfill. Following discussion, Alderman Gruenhagen moved to approve the request. Seconded by Alderman Mlinar, the motion unanimously carried. It was pointed out that May 8 is not the opening date of fishing season and, therefore, the decision was made to use May 8 as the alternate date for clean-up. The motion was made by Alderman Beatty to amend the motion to change the alternate date to May 8 for use of the Library Square and bandshell. Sec- onded by Alderman Gruenhagen, the motion carried unanimously. -2- COUNCIL MINUTES APRIL 13, 1982 (e) CONSIDERATION OF REQUEST BY FIRE MARSHAL TO ATTEND GOVERNOR'S COUNCIL ON FIRE PREVENTION AND CONTROL ON APRIL 15, 1982 After discussion, it was moved by Alderman Mlinar to approve the Fire Mar- shal attending the Governor's Council. Seconded by Alderman Carls, the motion unanimously carried. (f) CONSIDERATION OF REQUEST BY FIRE MARSHAL TO ATTEND SPRING CONFERENCE OF MINNESOTA FIRE INSTRUCTORS ASSOCIATION ON APRIL 17-18, 1982 Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar, to approve the request for the Fire Marshal to attend the Spring Conference. Motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR ALL DOWNTOWN STREET LIGHTS TO BE TURNED ON MONDAY AND THURSDAY EVENINGS It was requested by the Chamber of Commerce and Hutchinson Downtown Retail Association that all downtown street lights be turned on Monday and Thurs- day evenings for the consideration and safety of pedestrians. Mayor DeMeyer stated that the action taken to turn off one-half the street lights in the downtown business district and along Highway 7 east and west was done as a budgetary measure to save money. It was not just a matter of turning the lights on and off, and they could not be turned on for special nights only. The Utilities Commission is researching a different type of lights which would be less expensive to operate. Following discussion, the motion was made by Alderman Carls to continue with lighting in the present condition of every other light and reconsider on August 15, 1982. Seconded by Alderman Mlinar, the motion unanimously car- ried. (h) CONSIDERATION OF REQUEST FOR CITY ENGINEER TO ATTEND MINNESOTA CHAPTER PUBLIC WORKS ASSOCIATION SPRING CONFERENCE ON MAY 13, 1982 After discussion, Alderman Beatty moved to approve the City Engineer to at- tend the spring conference. Seconded by Alderman Gruenhagen, the motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7090 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7090 entitled Transferring $20,000 from Liquor Store to General Fund. Motion unanimously approved. -3- COUNCIL MINUTES APRIL 13, 1982 (b) RESOLUTION NO. 7091 - ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, the motion was made by Alderman Beatty to waive reading and adopt Resolution No. 7091 entitled Accepting $62,500 from the Hutchin- son Utilities Commission. The motion was seconded by Alderman Carls and carried unanimously. (c) RESOLUTION NO. 7092 - RESOLUTION OF APPRECIATION - DR. CRIS REMUCAL Following discussion, Alderman Mlinar made the motion, seconded by Alder- man Beatty, to waive reading and adopt Resolution No. 7092 entitled Reso- lution of Appreciation - Dr. Cris Remucal. Motion unanimously approved. (d) RESOLUTION NO. 7093 - RESOLUTION FOR PURCHASE The Parks and Recreation Director reported the Resolution covered the pur- chase of playground equipment for Fred Roberts Park, in the amount of $7,565.70. He then presented drawings of the proposed equipment. He fur- ther stated that the purchase price was $500.00 over budget, but adjustments would be made for the difference. After discussion, it was moved by Alderman Mlinar to waive reading and adopt Resolution No. 7093 entitled Resolution for Purchase. Seconded by Alderman Gruenhagen, the motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S REPORT - MARCH 1982 The Building Official requested to have the March 1982 report deferred until the next Council meeting. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to defer the Building Official's March Report. Motion unanimously carried. (b) MINUTES OF SENIOR ADVISORY BOARD DATED FEBRUARY 24, 1982 There being no discussion, the minutes were ordered to be received for filing by the Mayor. (c) MINUTES OF HOSPITAL BOARD DATED FEBRUARY 16, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. -4- COUNCIL MINUTES APRIL 13, 1982 (d) MINUTES OF TREE BOARD DATED FEBRUARY 17, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (e) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED FEBRUARY 9, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF NURSING HOME BOARD DATED MARCH 18, 1982 It was pointed out that the March 18, 1982 Nursing Home Board minutes had not been approved, and it was requesteld they be deferred. The motion was made by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously, to defer the minutes of the Nursing Home Board. (g) MINUTES OF PARKS & RECREATION BOARD DATED MARCH 39 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR REZONING FROM R-2 MULTIPLE FAMILY RESIDENCE TO C-4 FRINGE COMMERCIAL DISTRICT SUBMITTED BY ARVIN ANDERSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCIES (DEFERRED 3-23-82) City Attorney Schaefer stated he had given additional thought to this mat- ter, and it was his opinion that inasmuch as the City Council was at a stale- mate in reaching a decision, the request for rezoning should be referred back to the Planning Commission. It was suggested by the City Engineer that Mr. Roy C1abo obtain a survey of the land showing the location of the buildings on the property and the property lines -prior to reconsideration by the Planning Commission. (b) CONSIDERATION OF AWARDING BID FOR TREE AND STUMP REMOVAL (DEFERRED 3-19-82) Parks and Recreation Director Ericson stated it was his recommendation to award the bid for 1982 tree and stump removal to Hutchinson Landscaping & Tree Removal in the amount of $30,415.00. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Gruenhagen and unanimously carried, to award the bid for tree and stump removal to Hutchinson Landscaping & Tree Removal. -5- COUNCIL MINUTES APRIL 13, 1982 (c) CONSIDERATION OF AWARDING BID FOR 1982 CONCESSION STAND CONTRACTS (DEFERRED 3-19-82) Bruce Ericson, Parks and Recreation Director, reported the Parks and Rec- reation Board recommended to reject the one bid received for concession stands and re -bid. After discussion, Alderman Beatty moved to accept the recommendation of the Parks & Recreation Board and reject the bid and re -bid for 1982 con- cession stand contracts. Seconded by Alderman Carls, the motion carried unanimously. (d) CONSIDERATION OF PROJECT 81-32, FIRST AVENUE S.W. IMPROVEMENT It was pointed out that Project 81-32 had been deferred for further study since the Nemitz project was indefinite at that time. City Engineer Priebe presented five proposed plans for the project, as well as the estimated cost for each. Three property owners would be assessed for the project, namely Braun's, Citizens Bank and Nemitz Paint, Wallpaper & Glass. Following discussion, it was the consensus of the Council that Project 81-32 should be referred to the Downtown Development District Advisory Board for review prior to Council action. The motion was made by Alderman Mlinar, seconded by Alderman Beatty, to defer action on Project 81-32. Mo- tion unanimously approved. (e) CONSIDERATION OF FIRE CODE UPDATE COSTS FOR CITY HALL AND PUBLIC LIBRARY (DEFERRED 3-23-82) Fire Marshal Field presented a report on the estimated costs from building and electrical contractors to upgrade the City Hall and Public Library to fire code. After discussion, the motion was made by Alderman Carls to defer action on this item until the Special City Council Meeting scheduled for April 15, 1982. Seconded by Alderman Gruenhagen, the motion carried unanimously. (f) CONSIDERATION OF 1982 COST OF LIVING ADJUSTMENT FOR DIRECTOR OF ENGINEERING City Engineer Priebe stated that when salary adjustments were considered in December 1981 a cap of $36,000.00 was placed on his salary, and he had not received an equal cost of living increase as the lower paid employees. He was, therefore, requesting reconsideration of an adjustment. Following lengthy discussion, the motion was made by Alderman Beatty, sec- onded by Alderman Carls, to let stand the decision made by the City Council on December 18, 1981 regarding cost of living increases. Motion unanimously carried. MGM J COUNCIL MINUTES APRIL 13, 1982 (g) CONSIDERATION OF RE -OPENING TABLED DISCUSSION ON OLD ARMORY (REQUESTED BY ALDERMAN MIKE CARLS) The motion was made by Alderman Mlinar to re -open the tabled discussion on the Old Armory issue. Seconded by Alderman Beatty, the motion unanimously carried. Alderman Carls stated that he had presented a six-page memorandum regard- ing the Old Armory at the City Council Workshop held April 8, 1982. His compromise proposal was to replace the Old Armory with an activities build- ing adjacent to the Civic Arena on City -owned property, with construction in 1983. The key to financing would come from 1982 federal revenue sharing taxes in the amount of $217,000.00, transfer of $204,000.00 from the park- ing fund (removal of Old Armory for a parking lot), and 1983 revenue shar- ing funds of approximately $100,000.00, if still available. By late 1983 there would be approximately $520,000.00 in the fund. Alderman Carls pointed out that one key factor to consider is that it would not increase the mill rate. Alderman Beatty reported he too had presented a proposal on the Old Armory at the Workshop. His suggestion was to convert the Old Armory property to public parking and transfer $204,000.00 from the parking funds, use 1982 revenue sharing funds, and put a question to the voters that the Armory be replaced by another facility located downtown by the elementary school, with a bond issue for the remaining cost of the project. Alderman Mlinar commented that the recent "brainstorming" had brought forth several possible ideas for the solution to the problem, and it was his recom- mendation to appoint an advisory committee to evaluate the issue and bring it to the people for a vote. Fire Marshal Field presented a memorandum for clarification of the use of the Old Armory if it were to be used only for volleyball and other recrea- tion needs of a similar nature. He pointed out it would be difficult to open the door and clearly define which areas were occupied and which closed in the building. Gayle Wick inquired how long George Field had been Fire Marshal and how long the Old Armory had been in its present condition. Tom Stibal stated that it was apparent to him the City Council was still not in agreement regarding the Old Armory. He further commented the citi- zens had requested a referendum, and it had been swept under the carpet. He suggested the Council settle the issue as the people have the right to expect that. -7- VJ/ COUNCIL MINUTES APRIL 13, 1982 Ira Kenney asked why the Council couldn't get the issue settled. He also inquired why they wanted to start another building before the money was available. Mr. Kenney pointed out that if Citizens Bank had given the City $200,000.00, the Old Armory would have stood at its present location for two more years. He wanted to know how the building got so bad that it had to be condemned and closed up suddenly. Mayor DeMeyer stated he felt it was feasible to salvage the Armory building. He would like to see a referendum on the question: "Shall the City of Hutch- inson save the Old Armory?" Yes or No. Perhaps another question could be put on the ballot along with it. Following discussion, the motion was made by Alderman Beatty to appoint Alderman Mlinar and Alderman Gruenhagen and City staff to research the is- sue of the Old Armory and come back to the Council with a recommendation for a referendum. Seconded by Alderman Carls, the motion was unanimously approved. RECESS: A recess was taken at 10:00 P.M., and the Council reconvened at 10:10 P.M. (h) CONSIDERATION OF PAYMENT TO KRAUS-ANDERSON FOR STATEMENT REGARDING EVERGREEN APARTMENT SITE Mr. Ken Lever appeared before the Council and stated he was representing Hutchinson Partners, as one of the two general partners, for payment to' Kraus -Anderson regarding the Evergreen Apartment site. Also with Mr. Lever were Barry Jaeger of Kraus -Anderson and Joseph Becker, project superinten- dent. The City of Hutchinson and Hutchinson Partners entered into a Land Acquisi- tion Agreement for the high rise project whereby the City was responsible for clearing the land for excavation. However, during construction, it was discovered there was rubble left from removal of a house on the site and a cistern in another location. They were requesting reimbursement for the cost incurred to remove the man-made objects from the construction site, fill for replacement, and frost ripping in the amount of $10,464.50 for sub -soil correction. After discussion, Alderman Beatty made the motion to reimburse Kraus -Ander- son in the amount of $10,464.50 from the 1980 Tax Increment Bond Fund. The motion was seconded by Alderman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DEMOLITION PERMIT FOR HOUSE AND GARAGE AT 336 HASSAN STREET, SUBMITTED BY RALPH JOHNSON Mr. Dan Scheer reported to the City Council that he and Ralph Johnson were requesting an extension on the time length for a demolition permit to allow V COUNCIL MINUTES APRIL 13, 1982 them to salvage materials out of a house and garage they were demolishing at 336 Hassan Street. They were considering a five to six month period for demolition. City Engineer Priebe stated that any time period over 30 days must be ap- proved by the City Council. It was his recommendation that a snow fence be placed around the structure during demolition for safety purposes. It was further recommended that a September 15, 1982 deadline be established for completion of the project. Following discussion, it was moved by Alderman Beatty to grant a Demolition Permit with a September 15, 1982 completion date. Seconded by Alderman Carls, the motion unanimously carried. (b) CONSIDERATION OF 10 -YEAR LEASE CYLINDER AGREEMENT WITH AMERICAN WELDING SUPPLIES FOR PARK GARAGE After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Mlinar, to approve and enter into a lease with American Welding Supplies. Motion unanimously approved. (c) CONSIDERATION OF PAGER MODIFICATION It was requested by the Police Department to update their paging system with the addition of 14 page frequencies, which would include McLeod Civil Defense, all County Fire Departments, and all ambulances. The cost would be $90.00, with the expense to come from the Fire Department budget since they would benefit most from it. With the pager modifications, the Hutch- inson paging unit could be used as backup for McLeod County. Following discussion, Alderman Carls moved to approve the pager modification. The motion was seconded by Alderman Gruenhagen and carried unanimously. (d) CONSIDERATION OF WATERMAIN IMPROVEMENT, PROJECT 81-03 City Engineer Priebe explained the nature of the project would be to re- place the temporary oiled surface on Hassan Street from Third Avenue SE to Oakland Avenue since the watermain has been installed. It was his recom- mendation that all material costs for the surface replacement be paid from the water and sewer fund. Also, the sanitary sewer relocation in this area would cost approximately $6,282.00, which would come out of the sewer and water fund. Completing the storm sewer connection would require bonding at approximately $15,323.00. After discussion, Alderman Gruenhagen made the motion to approve the water - main improvement, Project 81-03, with payment to come from funds recommended by the City Engineer. Seconded by Alderman Beatty, the motion unanimously carried. COUNCIL MINUTES APRIL 13, 1982 (e) CONSIDERATION OF APPLICATION FOR PERMITS SUBMITTED BY HUTCHINSON JAYCEES WATER CARNIVAL COMMITTEE: 1. STREET USE 2. KIDDIE DAY PARADE PERMIT 3. GRAND PARADE PERMIT 4. SQUARE DANCE PERMIT Following discussion, it was moved by Alderman Gruenhagen to approve and issue the above-named permits for the Hutchinson Jaycees Water Carnival to be held June 18-20, 1982. The motion was seconded by Alderman Beatty and carried unanimously. Fire Marshal Field stated that the Jaycees would also need a Fireworks Permit and requested approval of same. It was moved by Alderman Carls, seconded by Alderman Mlinar, to approve and issue a Fireworks Permit. Motion unanimously approved. Alderman Beatty moved to waive the fees charged for the approved permits. Seconded by Alderman Gruenhagen, the motion unanimously carried. (f) CONSIDERATION OF APPLICATION FOR POPCORN/CONCESSION STAND PERMIT AND FRANCHISE AT LIBRARY SQUARE BY MARK MCGRAW City Attorney Schaefer explained the one-year franchise for the popcorn stand in Library Square, as well as other liabilities and requirements. He further stated it would be necessary to hold a public hearing prior to adoption of the Ordinance granting a franchise to Mark McGraw. After discussion, the motion was made by Alderman Gruenhagen to set a pub- lic hearing for April 27, 1982 at 8:00 P.M. to consider a franchise for Mark McGraw to maintain a popcorn/concession stand at the southwest corner of Library Square. Seconded by Alderman Mlinar, the motion carried unani- mously. (g) CONSIDERATION OF AUTHORIZATION TO PUBLISH CEMETERY REGULATIONS IN NEWSPAPER Maintenance Operations Director Neumann requested authorization from the City Council to publish the cemetery regulations in the local newspaper. Following discussion, it was moved by Alderman Carls to authorize publica- tion of the City's cemetery regulations in the newspaper. The motion was seconded by Alderman Beatty and unanimously carried. -10- COUNCIL MINUTES APRIL 13, 1982 (h) CONSIDERATION OF REPAIR OF OLD ARMORY ROOF The roof of the Old Armory is in need of repair, and it was estimated that it would cost $520.00 to fix it. The Parks and Recreation Director felt the repair work should be done to prevent further damage to the building. Following discussion, Alderman Beatty made the motion to approve the re- pair of the Old Armory roof at a cost of $520.00. The Chair seconded the motion, and it unanimously carried. Mayor DeMeyer requested a review of the roof to determine if City crew could do the repair and save on labor cost. The motion was made by Alderman Beatty to amend his previous motion to limit the roof repair cost at $520.00. Alderman Carls seconded the mo- tion, and it unanimously carried. (i) CONSIDERATION OF RADIO MAINTENANCE CONTRACT FOR AIRPORT "H" MARKER City Administrator Plotz reported that a monthly service on the airport "H" marker is required. It was his recommendation to enter into contract with Minnesota Central Communication for a $15.00 per month service charge, with the cost of repairs on a time and material basis. After discussion, it was moved by Alderman Carts, seconded by Alderman Beatty, to approve the service contract and authorize signing it. Motion unani- mously approved. (j) CONSIDERATION OF PURCHASE OF CARTON COOLER FOR LIQUOR STORE It was requested to purchase a cooler to keep cold pop at the Liquor Store for a cost of $1,320.00. Following discussion, the motion was made by Alderman Carls to approve the purchase of a cooler for the Liquor Store. The motion was seconded by Ald- erman Mlinar and carried unanimously. (k) CONSIDERATION OF CLAIM FOR WATER BACK-UP BY EMMA HOMAN Alderman Beatty reported that the Fire Department had flushed a tank full of water down the sanitary sewer at the new fire hall. The water sewer line was frozen and backed up into Emma Homan's basement. After discussion, Alderman Gruenhagen moved to approve paying a $30.00 claim to Emma Homan for the water back-up in her house. Seconded by Alderman Beatty, the motion unanimously carried. -11- COUNCIL MINUTES APRIL 13, 1982 (1) CONSIDERATION OF REASSIGNING DUTIES OF BUILDING CUSTODIAN With the closing of the Old Armory, it will be necessary to reassign the duties of Lila Westphal, building custodian. After discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the reassignment of duties for the building cus- todian. Motion unanimously approved. (m) CONSIDERATION OF ADVERTISING FOR BIDS FOR STREET MAINTENANCE MATERIAL City Engineer Priebe requested authorization to advertise for bids on 1982 Street Department maintenance materials, with bids to be opened on April 26, 1982 at 2:00 P.M. Following discussion, the motion was made Alderman Mlinar, to approve and authorize maintenance materials to be received and P.M. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR by Alderman Carls, seconded by advertising for bids for street opened on April 26, 1982 at 2:00 City Administrator Plotz reported the appraisals on the S&L building and bass pond property had been received. They will be discussed at the spe- cial meeting of the City Council on April 15, 1982. Mr. Plotz stated it would be necessary to re -schedule a meeting with Bill Fahey, bonding consultant from Ehlers & Associates,since he would not be available next week. It was the consensus of the Council that a date of April 21, 1982 at 3:00 P.M. should be established to meet with Mr. Fahey. It was reported that Gary Plotz and Bruce Ericson, Parks and Recreation Di- rector, attended a LAWCON grants workshop regarding tennis courts. The Tennis Association has offered a 50% match with the LAWCON's 50% funding if the City would apply for a grant. The Airport Commission will meet on April 14, 1982, at which time airport zoning will be discussed. (b) COMMUNICATIONS FROM CITY ENGINEER City Engineer Priebe reported on recent communication from Rieke, Carroll & Muller regarding the addition to the water treatment plant. He requested this item be placed on the next City Council meeting agenda. -12- COUNCIL MINUTES APRIL 13, 1982 (c) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer reported on a seminar he recently attended rela- tive to the new drunk driving laws. Attorney Schaefer stated that the notice of claim received by the City has turned into a lawsuit by the plaintiff, William Kyes Odland. He will not- ify the insurer and inquire if the insurance company will tender a defense for the case. Mr. Schaefer further commented that the City might be involved in another lawsuit as a third party defendant,which would name a police officer and the City of Hutchinson. A hearing date of April 19, 1982 has been estab- lished for this case. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:55 P.M. upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. -13-