Loading...
05-25-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 25, 1982 1. CALL TO ORDER The meeting was called to order by Vige-Mayor Gruenhagen at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, and Alderman Ted Beatty, in addition to Vice -Mayor Kenneth Gruenhagen. Absent: Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe. 2. INVOCATION In the absence of a pastor to give the invocation, there was a time of silent prayer. 3. MINUTES The minutes of the Special Meeting dated April 21, 1982 and Regular Meeting dated May 11, 1982 were approved as presented upon motion by Alderman Beatty and seconded by Alderman Mlinar. Motion unanimously approved. 4. PUBLIC HEARING (a) 8:00 P.M. AMENDMENT OF TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT NO. 4 Vice -Mayor Gruenhagen read the Notice of Public Hearing, Publication No. 2922, regarding an amendment to the original Tax Increment Financing Plan as adopted and amended in order to accomplish specific modifications. He then inquired if there was anyone present to be heard. Mr. Gayle Wick inquired if District No. 4 was, in fact, considered a re- development district. The answer was in the affirmative. Mr. Wick then questioned the bond consultant and finance consultant regarding their in- volvement with a lawsuit in Eden Prairie concerning a redevelopment dis- trict. He asked for a differentiation between development and redevelop- ment districts. Mr. Wick pointed out that in his opinion what was being termed "redevelopment" should perhaps be classified as "development" in Hutchinson. It was moved by Alderman Beatty to close the public hearing at 8:09 P.M. Seconded by Alderman Mlinar, the motion unanimously carried. Discussion was given to the four cost options of the S&L project presented at the S&L Rehabilitation Workshop held May 24, 1982. NJ COUNCIL MINUTES MAY 25, 1982 Alderman Beatty moved to approve the amendment to the tax increment plan and finance plan under Option No. 3 in the amount of $145,000.00. The motion died for lack of a second. Alderman Carls moved to proceed with the basic building in Option No. 1 in the amount of $125,000.00 and include burying the electric service for an additional $10,000.00, for a total amount of $135,000.00. The motion was seconded by Alderman Beatty. Mr. Bill Fahey of Ehlers & Associates pointed out that the bond issue amount was proposed at $175,000.00 for the amendment to the Tax Increment Financ- ing Plan for Development District No. 4 (Draft No. 2). It was his sugges- tion to delete Utility Service for $10,000.00, delete Beautification (light- ing,,sidewalk and trees) for$40,000.00 and include relocation of electric service for $10,000.00, for a total amount of $135,000.00. It was moved by Alderman Carls to amend his motion to read as stated by Mr. Fahey. Seconded by Alderman Beatty, the motion unanimously carried. Mr. Fahey informed the Council that on the first page of the Amendment to the Tax Increment Financing Plan for Development District No. 4 (Draft No. 2), it showed the original assessed value of the S&L building at $36,206.00. The current value of $35,497.00 was last year's figure (1981), and the 1982 assessed value was $21,840.00. The motion was made by Alderman Beatty to instruct the City Administrator to sign the necessary documentation, including Resolution No. 7140 entitled Amendment to Tax Increment Financing plan for Development District No. 4 of Citn odf Hutchinson, ?Minnesota. Seconded by Alderman Mlinar and unanimously car ie . (b) 8:30 P.M. INDUSTRIAL REVENUE BOND/NOTE FOR REHABILITATION AND RENOVATION OF PROPERTY LOCATED AT LOT 10, BLK 13, SOUTH 1/2 CITY, AND CURRENTLY OWNED BY THE PARK SQUARE COMPANY, RON MCGRAW AND EDWARD MCCORMI CK, GENERAL PARTNERS, HEREAFTER --- - - T -REFERRED AS THE S & L PROJECT. 4 `�--� Vice -Mayor Gruenhagen read, the Notice of Public earing, u ication No. 2921 regarding A Proposed Project and the Issuance of Industrial Develop- ment Revenue Bonds Under the Municipal Industrial Development Act, Minne- sota Statutes, Chapter 474, As Amended. He inquired if anyone wished to be heard, and there was no response. It was moved by Alderman Beatty to close the public hearing at 8:36 P.M. Seconded by Alderman Mlinar and unanimously approved. Alderman Beatty moved to approve an Industrial Revenue Bond/Note for Re- habilitation and Renovation of the S&L Project in the amount of $900,000.00 and to authorize the City Administrator to sign the necessary documentations including Resolution No. 7139 entitled Resolution Giving Preliminary Approval to A Project Under the Municipal Industrial Development Act; Referring -2- COUNCIL MINUTES MAY 25, 1982 Proposal to Commissioner of Energy, Planning and Development for Approval; and Authorizing Preparation of Necessary Documents. The motion was seconded by Alderman Mlinar and carried unanimously. (c) 9:00 P.M. IMPROVEMENT PROJECT 82-48 Vice -Mayor Gruenhagen called the hearing to order and read Publication No. 2925, Notice of Hearing on Improvement, Project 82-48. He then inquired if anyone was present who wished to be heard. There was no response. City Engineer Priebe reported this project would be for the construction of curb and gutter and bituminous surfacing for safety lane at the inter- section of Dale Street and South Grade Road. The estimated cost is $5,000.00. It would also require a transfer of title on a warranty deed from Mr. Del- mar Pittman to the City of Hutchinson. The motion was made by Alderman Mlinar to close the public hearing at 9:06 P.M. Seconded by Alderman Beatty and unanimously approved. It was moved by Alderman Carls to waive reading and adopt Resolution No. 7128 entitled Resolution Ordering Improvement and Preparation of Plans, Project 82-48. Seconded by Alderman Beatty, the motion unanimously carried. It was moved by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously, to authorize the City Attorney to proceed with the warranty deed for transfer of title. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION BY SIX EAST REGIONAL DEVELOPMENT COMMISSION (DEFERRED 5-11-82) Mr. Eugene Hippe of Region 6-E and Mr. Homer Bach, Mayor of Atwater and Regional Commission Chairman, appeared before the City Council. Mr. Hippe reviewed the background of the Regional Commission which was im- plemented in this area in 1973 and serves a four -county region. There are 20 members on the Commission, which is maximum. Part of the Commission's function is to review and comment on all applications for state assistance. By state law, they are also required to develop a Comprehensive Development Plan. The Commission also gets involved in some short-term transportation contracts with the State of Minnesota. A newsletter is mailed out which lists information on programs, deadlines and accomplishments of Region 6-E. Mr. Hippe stated the levy is limited by law to 1/6 of a mill, and just over $100,000.00 will be raised for next year's budget. Over one-third of the proposed budget will be designated for the area of technical assistance. -3- COUNCIL MINUTES MAY 25, 1982 Alderman Mlinar moved to direct the City Administrator to formulate an itemized list of grants received through Region 6-E and the ramifications of losing Region 6-E support. Seconded by Alderman Beatty and carried unanimously. In closing, Mr. Hippe pointed out that even if Hutchinson supported the county to dissolve Region 6-E, it would not have the 51% support needed. If the matter went to public hearing, the outcome would determine whether or not the Six East Regional Development Commission was performing in ac- cordance to what it was set up to accomplish. Alderman Beatty moved to defer the topic to the next City Council meeting. Seconded by Alderman Carls, the motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR USE OF STREET FOR FIRE STATION OPEN HOUSE ON JUNE 6, 1982 Following discussion, the motion was made by Alderman Beatty to approve use of the street for the Fire Station Open House. Seconded by Alderman Carls, the motion unanimously carried. (c) CONSIDERATION OF APPOINTMENTS: 1. MRS. DALE EWALD - HOSPITAL BOARD 2. DR. ROBERT PROCHNOW - POLICE CIVIL SERVICE After discussion, it was moved by Alderman Beatty, seconded by Alderman Carls, to ratify the appointments of Mrs. Dale Ewald to serve another term on the Hospital Board and Dr. Robert Prochnow to serve another term on the Police Civil Service. Motion unanimously approved. (d) CONSIDERATION OF REQUEST FOR TRANSIT COORDINATOR TO ATTEND SPRING TRANSIT CONFERENCE ON MAY 26-27, 1982 Following discussion, Alderman Beatty moved to approve attendance at the Spring Transit Conference for the Transit Coordinator. Seconded by Alder- man Carls, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR CARSON & BARNES CIRCUS AT MCLEOD COUNTY FAIRGROUNDS ON JULY 5, 1982 After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Carls, to approve the Carson & Barnes Circus at the McLeod County Fairgrounds. Motion unanimously carried. (f) CONSIDERATION OF ESTABLISHING THE POLICY OF UTILIZING ONLY TAX INCREMENT REVENUE BONDS FOR FINANCING ANY TAX INCREMENT FINANCING PROJECTS (REQUESTED BY MAYOR DEMEYER AND PAT MIKULECKY) -4- COUNCIL MINUTES MAY 25, 1982 Mr. Pat Mikulecky requested either the bond consultant or finance consul- tant to explain the difference between tax increment revenue bonds and tax increment general obligation bonds and what each pertains to. Attorney Jerry Mahoney of the Dorsey law firm then gave an explanation. Mr. Mikulecky inquired if the S&L project would have to be self-support- ing. Attorney Mahoney responded that the City would not be obligated to pay from any other source. It is legally possible to finance with indus- trial revenue bonds and tax increment bonds which could be general revenue bonds or general obligation bonds. (g) CONSIDERATION OF REQUEST FOR USE OF LIBRARY SQUARE ON JUNE 18, 1982 Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Carls, to authorize use of Library Square on June 18, 1982 by the Word of Life for a Christian band concert. Motion unanimously approved. (h) PRESENTATION BY ATTORNEYS JERRY MAHONEY AND JERRY GILLIGAN, DORSEY LAW FIRM, ON QUESTIONS REGARDING TAX INCREMENT FINANCING SUBMITTED APRIL 29, 1982 Vice -Mayor Gruenhagen made reference to the letter received from the Dorsey law firm dated May 20, 1982 which addressed the questions submitted for clar- ification pertaining to past City bond issues. Attorney Jerry Mahoney stated that subsequent to his May 20 letter, he sent another letter on May 21, 1982 to explain the perspective from which he ap- proached the questions as bond consultant. In the capacity as Bond Consul- tant to the City of Hutchinson, the Dorsey firm performs a fairly narrow and specific function. He further stated he could answer questions relat- ing to past experience and whether it was general practice to do certain things. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7134 - RESOLUTION FOR PURCHASE After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 7134 entitled Resolution for Purchase. Seconded by Alderman Carls, the motion carried unanimously. (b) RESOLUTION NO. 7136 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, it was moved by Alderman Beatty, seconded by Alderman Carls and unanimously carried, to waive reading and adopt Resolution No. 7136 entitled Transferring $10,000 from Liquor Store to General Fund. -5- COUNCIL MINUTES MAY 25, 1982 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - APRIL 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED APRIL 20, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF OUTSIDE SIGN FOR SENIOR CENTER City Administrator Plotz reported the Senior Advisory Board had recommended a sign to be placed on the exterior south face of the building for the Sen- ior Center. The Developer's Agreement requires coordination with the de- veloper prior to placement of a sign. The City received two quotes on cost for the sign, and it was recommended to purchase the sign from Mid - state Sign Co. in Willmar in the amount of $593.00 (less 5% if cash paid with order) . Following discussion, Alderman Carls moved to approve the sign for the Seniof Center and authorized ordering the sign from Midstate Sign Co. The motion was seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS This item was deferred until the next City Council meeting. (c) CONSIDERATION OF NON -INTOXICATING MALT LIQUOR LICENSE FOR BLUE GRASS FESTIVAL AT MCLEOD COUNTY FAIR GROUNDS ON JUNE 12, 1982 The Chief of Police submitted a memorandum recommending that no one under 19 years of age be admitted to the Blue Grass Festival, with ID checked at the gate. After discussion, it was moved by Alderman Beatty to grant a non -intoxi- cating malt liquor license for the Blue Grass Festival, with no one under 19 years of age to be admitted and ID checked at the gate. Alderman Carls seconded the motion, and it carried unanimously. COUNCIL MINUTES MAY 25, 1982 (d) CONSIDERATION OF ACQUIRING A HP -125 MICRO COMPUTER/WORD PROCESSOR Accountant Kie n Merrill reported on the HP -125 Micro Computer/Word Pro- cessor., Since the budget does not have money available for purchase, it was recommended to lease the equipment with an option to purchase at a later date. The purchase price of the equipment would be $8,275.00 (plus maintenance and installation) and leasing would be $350/month for 36 months or $245/month for 60 months. Following discussion, the motion was made by Alderman Carls to approve ac- quisition of the HP -125 Micro Computer/Word Processor, contingent upon no, recommendation to increase the mill levy for funding. Seconded by Alder- man Beaty, and carried, with Aldermen Beatty and Carls and Vice -Mayor Gruen- hagen voting aye and Alderman Mlinar voting nay. (e) CONSIDERATION OF FIXED ASSET MODULE ON COMPUTER SYSTEM Accountant Ken Merrill stated the City's auditing firm has recommended an asset module on the computer system for some time inasmuch as the City does not have a good method of maintaining its fixed assets. LOGIS has avail- able a new module for updating and maintaining a fixed asset system on the computer. The cost would be a base charge of $50/month plus transaction cost. The charges would not begin until the equipment was operational. After discussion, it was moved by Alderman Mlinar to approve the fixed asset module on the computer system. Seconded by Alderman Carls, the motion car- ried unanimously. (f) CONSIDERATION OF PROPOSED 1982 STREET MAINTENANCE PROGRAM It was rep6rted that a survey was taken of the condition of streets within the City, and specific areas have been determined for need of repair. A pro- posed 1982 street maintenance program was presented, with an option to de- lay the slurry seal on Century Avenue and spot seal repair work done in 1981 and 1982 to reduce the cost. Following discussion, Alderman Beatty moved to approve the 1982 improvement plan with the option to delay the slurry seal on Century Avenue and to ob- tain funds for work on other than permanent streets. The motion was seconded by Alderman Mlinar and unanimously carried. (g) CONSIDERATION OF PROJECT 82-41 City Engineer Priebe reported Project 82-41 was the proposed City/County overlay project on Second Avenue Southwest from Franklin Street to Dale Street; Dale Street from Second Avenue Southwest to Fourth Avenue Southwest; North High Drive from T.H. 15 to Maple Street and Fifth Avenue Northwest from T.H. 15 to Kouwe Street. Since it would not be feasible to construct -7- COUNCIL MINUTES MAY 25, 1982 the overlay as proposed, it was the recommendation of the County Engineer and City Engineer to reject the project for 1982. Alderman Carls moved to reject Project 82-41. Seconded by Alderman Mlinar, the motion carried unanimously. (h) CONSIDERATION OF 1982 IMPROVEMENT PROGRAM City Engineer Priebe reported on the procedure for implementing the 1982 improvement projects. After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve the plans and specifications for all the 1982 projects and set a bid date for June 21, 1982 at 2:00 P.M. Motion unanimously ap- proved. It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7128 entitled Resolution Ordering Improvement and Preparation of Plans. Motion unanimously carried. It was moved by Alderman Carls to waive reading and adopt Resolution No. 7129 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Letting No. 1. Seconded by Alderman Mlinar, the motion unanimously carried. It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7130 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Letting No. 2. Motion carried unanimously. It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7131 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Letting No. 3. Motion unanimously approved. It was moved by Alderman Carls to waive reading and adopt Resolution No. 7132 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Letting No'. 4. Seconded by Alderman Mlinar, the motion unanimously carried. It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7133 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Letting No. 5. Motion unanimously approved. (i) CONSIDERATION OF 1983 IMPROVEMENT PROGRAM M COUNCIL MINUTES MAY 25, 1982 The Director of Engineering presented a schedule for the 1983 improvement program and requested approval of same. Following discussion, the motion was made by Alderman Mlinar to approve the 1982 improvement program schedule. Seconded by Alderman Carls, the motion carried unanimously. (j) CONSIDERATION OF FIRST AVENUE SOUTHWEST, NEMITZ PROPERTY The Director of Engineering reported on the poor condition of the sidewalk in front of the Nemitz Building and stated it was in need of repair. It was recommended that the openings from the basement of the structure into the old storage area under the public sidewalk be closed off and filled in, under the right-of-way. The project could be included in the overall street program. If the vault were to remain, it would require legal opinion from the City Attorney. It was suggested that the property owner have someone examine the building for structural soundness. Art Benjamin, Jr. was present and stated he was aware the sidewalk needed work done on it. He felt further study should be done and that the side- walk work be done in conjunction with the street improvement so it would blend together. He also pointed out that part of the brick wall in the building rests on the frontage of the sidewalk. Mr. Benjamin stated he wanted to retain the vault for storage and would prefer to repair rather than fill in the area. He wished to obtain figures of cost from competi- tive bidders. Mr. Benjamin was asked if he would enter into a franchise agreement with the City for the vault under the City right-of-way. He responded he would be able to answer after he receives additional information. Alderman Beatty moved to consider the Nemitz property in the 1983 sidewalk improvement projects. Alderman Carls seconded the motion, and it was unani- mously opposed. It was moved by Alderman Beatty to put the Nemitz property into the 1982 sidewalk improvement projects. Seconded by Alderman Carls, the motion was rejected, with Alderman Beatty voting aye and Aldermen Carls and Mlinar and Vice -Mayor Gruenhagen voting nay. The motion was made by Alderman Carls to defer action to the next City Council meeting and have the cost for sidewalk replacement available, with Mr. Art Benjamin Jr.'s approval. Seconded by Alderman Beatty. Alderman Carls amended his motion to include an opinion from the City At- torney on a franchise for the right-of-way. Seconded by Alderman Mlinar, the motion unanimously carried. V COUNCIL MINUTES MAY 25, 1982 (k) CONSIDERATION OF AMENDMENT OF PERSONNEL POLICY Personnel Coordinator Hazel Sitz reported the present personnel policy al- lows an employee to bank 40 hours of earned overtime hours. The amendment to the comp. time policy would allow 80 hours of banked time. This action would require adoption of a Resolution. Following discussion, Alderman Beatty moved to approve the amendment and waive reading and adopt Resolution No. 7135•entitled A Resolution Amending Section 9, Paragraph 2 of City Personnel Policy (Overtime). The motion was seconded by Alderman Mlinar and carried unanimously. (1) CONSIDERATION OF REQUESTr FOR PRELIMINARY PLAT FOR LIPKE ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Attorney Pat Flynn, representing Mr. John Lipke, stated the preliminary plat had been submitted to include the dedication of the extension of Sun- set Street across the platted property of Lipke Addition. The City Engin- eer felt the dedication of Sunset Street was necessary for future develop- ment to the south. However, the property owner did not feel he benefitted from the street dedication and was, therefore, requesting compensation as follows: 1) Future assessments, relating to Sunset Street, be offset in a dollar amount equal to the acquisition cost of the present owners, based upon total square footage of purchase and square footage to be dedicated; 2) Future assessment along dedicated Sunset Street in Lipke Addition be deferred until adjacent property has been developed; and 3) The require- ments of open space and parks be waived in consideration of the deadica- tion of Sunset Street. After discussion, it was moved by Alderman Beatty to uphold the findings of the Planning Commission to approve the Preliminary Plat for Lipke Addi- tion and that the developer not be compensated for dedication of Sunset Street. Seconded by Alderman Mlinar, the motion carried, with Aldermen Carls and Beatty and Vice -Mayor Gruenhagen voting aye and Alderman Mlinar voting nay. It was moved by Alderman Beatty, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7137 entitled Resolution Giving Approval of Preliminary Plat for Lipke Addition. The motion carried with Aldermen Carls and Beatty and Vice -Mayor Gruenhagen voting aye and Alderman Mlinar voting nay. (m) CONSIDERATION OF REVIEW OF PRELIMINARY PLAT FOR WRIGHT ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Wright Estates is located within the two-mile radius of the City limits and was, therefore, submitted to the Planning Commission and City Council for consideration. -10- COUNCIL MINUTES MAY 25, 1982 Following discussion, Alderman Beatty moved to approve the preliminary plat for Wright Estates. Seconded by Alderman Carts, the motion carried unanimously. (n) CONSIDERATION OF STREET LIGHTS The Hutchinson Utilities Commission requested authorization to proceed with the following three projects: 1) Graham Street (2 lights) at a cost of $1,200.00; 2) Paden Addition (Atlanta Avenue and Boston Street) (3 lights) at a cost of $1,800.00; and 3) Shady Ridge Road at a cost of $6,000.00. After discussion, it was moved by Alderman Beatty, seconded by Alderman Carls and unanimously carried, to approve installation of the above street lights. (o) CONSIDERATION OF SOUTHWEST CORNER OF DALE STREET AND SOUTH GRADE ROAD The Director of Engineering reported the City had the opportunity to obtain a triangular piece of property from Christ the King Church at no cost to the City. At some future time the City could build an island and approach to South Grade Road for eastbound traffic on South Grade Road. The Church was requesting approval for a warranty deed transfer of said property. Following discussion, the motion was made by Alderman Beatty to approve the transfer of property. The motion was seconded by Alderman Mlinar and carried unanimously. (p) CONSIDERATION OF RE -DESIGNATION OF 10 -TON ROUTE TO SERVE FARMERS ELEVATOR Last year the City adopted a Resolution designating Michigan Avenue from T.H. 7 to Arch Street and Arch Street East of Michigan Avenue as a 10 -ton route to allow the Farmers Elevator access to T.H. 7 with larger loads of grain. When road restrictions were put into effect this spring by the Department of Transportation, the routing was terminated. Therefore, it will be necessary to adopt another Resolution for said designation. After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 7134 entitled Resolution Giving Approval of 10 -Ton Route in City of Hutchinson. Seconded by Alderman Carls, the motion unanimously carried. (q) CONSIDERATION OF WEED NOTICES Permission was requested to advertise for bids for the purpose of cutting weeds on private property. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Carls, to authorize advertising for bids. Motion unanimously approved. -11- COUNCIL MINUTES MAY 25, 1982 (r) CONSIDERATION OF AUTHORIZING BIDS FOR REPAIR OF OLD ARMORY BUILDING TO MEET STATE BUILDING, HANDICAPPED AND FIRE CODES (REQUESTED BY JOHN MLINAR) Alderman Mlinar stated that one of the items that came up at the Old Armory Research Committee meeting was the cost of meeting the state building, han- dicapped and fire codes to repair the Old Armory. In order to have figures available, it would be necessary to authorize bids for repair to meet these codes. The use of the building would be as it was when closed, and the specifications would require meeting the three state codes. Following discussion, the motion was made by Alderman Beatty to authorize advertising for bids for the repair of the Old Armory building. Alderman Mlinar seconded the motion, and it unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported he had attended one of the two days of the Minnesota Star Cities Conference relating to community development corporations. It was pointed out that Clara Slama had made an offer to sell her property to the -City at a reduced purchase price. Mr. Plotz stated the City had been issued a summons on three separate law- suits this past week. Building Constructors Inc. and Eugene Burch both sued the City relative to the awarding of bid for the water treatment plant addition. The third lawsuit pertained to a vehicle that received damage on a street in the Clifton Heights area. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING The Director of Engineering stated that the City could not move forward on the water treatment plant addition until the court action has been re- solved. Mr. Orville Larson of the Burlington Northern contacted the City staff re- garding the condition of the railroad track where it crosses the City streets. It will be necessary to replace ties and ballast by the railroad and do some street resurfacing by the City. Drawings have been prepared for a joint venture, and the estimated cost for bituminous material is $2,840.00. Alderman Beatty moved to approve the railroad repair projects contingent upon the Burlington Northern repairing the track at the three areas and to approve the overlay of tracks from the contingency fund. Seconded by Alderman Carls, the motion unanimously carried. -12- COUNCIL MINUTES MAY 25, 1982 Engineer Priebe reported that the City had been notified by the P.C.A. that it must either lower the water level or limit the fill area to above the water level at the Satterlee pit. The high water is due to a beaver dam, and the Game Warden has granted permission to remove the dam. He then re- quested authorization to contact Erickson & Templin to do this work at a cost of approximately $200 to $350. It was moved by Alderman Carls to approve the expenditure to remove the beaver dam. Motion seconded by Alderman Beatty and unanimously approved. It was reported that the crushed gravel stockpile at the City garage site has been depleted and needs to be restocked soon. Two quotes to do the work have been received, and the estimated cost to screen and crush an es- timated 5,000 cubic yards is $7,500.00. The motion was made by Alderman Beatty to approve crushing and screening of gravel by Wm. Mueller & Sons at a cost of $1.50 per cubic yard. Second- ed by Alderman Mlinar, the motion carried unanimously. The City Engineer reported the 1981 sidewalk construction project was near- ing completion. However, one property owner, Mark Benton at 633 Second Avenue Southwest, did not like the way the sidewalk was rolled down for the driveway and up to meet his walkway from the house. He requested the mat- ter be brought to the attention of the City Council. It was the consensus of the(Council that driveway panels are the responsibility of the property owner,and the City has no involvement with it. (c) COMMUNICATIONS FROM DIRECTOR OF MAINTENANCE OPERATIONS Director Ralph Neumann commented there are private contractors who are not putting the streets back in good condition following repair work. He re- quested the backing of the Council to be firm with these contractors. The motion was made by Alderman Carls to authorize the Director of Mainten- ance Operations to "get tough" with private contractors. Seconded by Ald- erman Beatty, the motion carried unanimously. (d) COMMUNICATIONS FROM FIRE MARSHAL Fire Marshal Field remarked that there had been some comments at the Old Armory Research Committee meeting regarding slides of the Old Armory. He requested authorization from the Council for the Building Official and Fire Marshal to take slides of the Old Armory to be available for the next meet- ing of the committee. It was the consensus of the Council that the Fire Marshal and Building Of- ficial could prepare a slide presentation on the Old Armory building. -13- COUNCIL MINUTES MAY 25, 1982 dv COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar inquired who was authorized to enter the Old Armory at this point since it has been closed. Vice -Mayor Gruenhagen stated he had discussed this matter with the City Attorney. Two members of City staff, specifically the Fire Marshal and Building Official, and one of the City Council representatives on the Com- mittee (John Mlinar or Kenneth Gruenhagen) should be with anyone going into the building. The City would be responsible since the building is officially closed. The City Council members concurred with this arrangement. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Carls, seconded by Alderman Beatty 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 11:43 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar and unanimously carried. —14—