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08-25-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 25, 1981 1. CALL TO ORDER Mayor Westlund called the meeting to order at 7:30 P.M., with the following mem- bers present: Aldermen Carls, Lueneburg, Gruenhagen and Beatty, in addition to Mayor Westlund. Absent: None. Also present: City Administrator Plotz, City En- gineer Priebe, and Assistant City Attorney Schaefer. 2. INVOCATION The invocation was given by the Reverend Germain Rademacher of St. Anastasia Catholic Church. 3. MINUTES The minutes of the Regular Meeting of August 11, 1981 and Special Meetings of August 20, 1981 were approved as read upon motion by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) 1980 ASSESSMENTS 1. ROLL NO. 111 Mayor Westlund read Publication No. 2783, Notice of Hearing on Proposed Assessment, Assessment Roll No. 111, Project 80-01. He then asked if there was anyone present wishing to be heard. City Engineer Priebe stated this was part of a Subdivision Agreement. There was no one present to be heard. 2. ROLL NO. 112 Mayor Westlund read Publication No. 2784, Notice of Hearing on Proposed Assessment, Assessment Roll No. 112, Project 80-01. City Engineer Priebe reported this was a Subdivision Agreement. There was no one present wishing to be heard. 3. ROLL NO. 113 Mayor Westlund read Publication No. 2785, Notice of Hearing on Proposed Assessment, Assessment Roll No. 113, Project 80-01. The City Engineer stated this too was a Subdivision Agreement. No one was present to be heard. v COUNCIL MINUTES AUGUST 25, 1981 4. ROLL NO. 114 Mayor Westlund called the hearing on proposed Assessment Roll No. 114, Project 80-01, with the reading of Publication No. 2786. The City Engineer again commented this was a Subdivision Agreement. There was no one wishing to be heard. 5. ROLL NO. 115 Mayor Westlund read Publication No. 2787, Notice of Hearing on Proposed Assessment, Assessment Roll No. 115, Project 80-01. There was no one present to be heard. 6. ROLL NO. 116 Mayor Westlund called the hearing on proposed Assessment Roll No. 116, Project 80-01, with the reading of Publication No. 2788. There was no one wishing to be heard. 7. ROLL NO. 117 Mayor Westlund read Publication No. 2789, Notice of Hearing on Proposed Assessment, Assessment Roll No. 117, Project 80-01. There was no one present to be heard. 8. ROLL NO. 118 Mayor Westlund called the hearing on proposed Assessment Roll No. 118, Project 80-01, with the reading of Publication No. 2790. There was no one wishing to be heard. 9. ROLL NO. 119 Mayor Westlund read Publication No. 2791, Notice of Hearing on Proposed Assessment, Assessment Roll No. 119, Project 80-02. City Engineer Priebe reported part of the property is in a Subdivision Agreement and abuts the project. An extension of the facilities was requested.. Mr. Miller's assessments would be deferred, and a second hearing held at such time as when the facilities are used. No assess- ments would be payable until then. -2- COUNCIL MINUTES AUGUST 25, 1981 Leonard Miller He objected to the amount of assessment on Arch Street his property and stated there was no way he could get benefits from the project. The assessment was more than the property was worth as it is located in the flood plain area. The land would have to be built up several feet to the level of the road before anyone could build on it. Mr. Miller stated he could have sold a corner lot several years ago but the City En- gineer gave him reasons why he should not sell it. Marlow V. Priebe The City Engineer reported that in 1966 the City Engineer plat was approved, and the problem started then. There was a request for sewer and water in the industrial park to serve lots not al- ready served. The valuation of Mr. Miller's property was based on "no service," and the ability to build was negative until the services were there. Until such time as it becomes practi- cable to build on the property, there is noth- ing involved except notice that the services are available, with the cost based on construc- tion cost. If the cost would be proven to be too high, the price would have to be adjusted. Jim Schaefer Mr. Schaefer explained what it would cost to Asst. City Attorney have the services put in and assessed to the owner. The City goes by the fair market value instead of the assessed value. The deferred assessment would be based on the construction cost at the time it was installed, with the in- terest accumulative. 10. ROLL NO. 120 Mayor Westlund called the hearing on proposed Assessment Roll No. 120, Project 80-02, with the reading of Publication No. 2792. There was no one present to be heard. 11. ROLL NO. 121 Mayor Westlund read Publication No. 2793, Notice of Hearing on Proposed Assessment, Assessment Roll No. 121, Project 80-02. There was no one present wishing to be heard. ism COUNCIL MINUTES AUGUST 25, 1981 12. ROLL NO. 122 Mayor Westlund called the hearing on proposed Assessment Roll No. 122, Project 80-04, with the reading of Publication No. 2794. City Administrator Plotz commented on the written objection received from Orville and Edna Lund, property owners, for their assessments on Project 80-04. Jim DeMeyer Mr. DeMeyer expressed objection on behalf of Realtor Mr. and Mrs. Orville Lund for Assessment Roll No. 122. He asked the Council members if they had seen a contour drawing regarding the assessed area. He then asked if there were such draw- ings. Mr. DeMeyer stated the Lunds claimed they were never notified of the hearing on this project. The Lunds had been assessed in 1971 on a por- tion of this property for the southwest storm sewer. He pointed out this is an inside piece of property, and there are no outlets. It could be 10-15 years before there is an access. Marlow V. Priebe The City Engineer stated that in 1969 the City City Engineer had some serious drainage problems with the trunk portion in the southwest area of the City. At that time they had to look to future needs. Some of the abutting property was not in the City. When connections are made in the future, it will start a new system for the area. Mr. Priebe commented that the records and pub- lic hearing notices could be referred to to determine if the Lunds were mailed a notice of the hearing. The Lunds' property was not in the City at that time, and they would pay no assessments. They do, however, own other land. 13. ROLL NO. 123 Mayor Westlund read Publication No. 2795, Notice of Hearing on Proposed Assessment, Assessment Roll No. 123, Project 80-03. There was no one present to be heard. -4- COUNCIL MINUTES AUGUST 25, 1981 14. ROLL NO. 124 Mayor Westlund called the hearing on proposed Assessment Roll No. 124, Project 80-07'& 80-08, with the reading of Publication No. 2796. Marlow V. Priebe The City Engineer commented that the total City Engineer assessment for Orville Lund was $1,331.08 as a payment was not recorded. Gary D. Plotz Mr. Plotz stated that certification to the City Administrator County is made October 10 so the property owner has until September 30 to make payment before interest is charged. Jim DeMeyer Mr. DeMeyer asked what would happen with the Realtor assessments if the property owner sued the City. Jim Schaefer The Assistant City Attorney stated the first Asst. City Attorney step would be for the City Council to adopt the Assessment Roll. If it is appealed by the land owner, the City would have to present evi- dence proving the project was beneficial. If the court ruled the City is right, the property owner would pay the assessments. If the court determined the land owner is correct and the assessment is excessive, the assessment cost would be adjusted. If the court said there was no benefit whatsoever, the City could not charge assessments on the property. Mayor Westlund remarked that there were no objections to the Assessment Rolls, with the exception of Roll No. 119 and No. 122. In regard to Roll No. 122, he didn't feel it was necessary for another engineering firm to examine the contour. If it is appealed and goes to court, a contour map may be required at that time. The property owners were notified of the public hearing on the assessment and should have brought forward their grievances then. Following discussion, Alderman Beatty made the motion to close the hear- ing at 9:05 P.M. Alderman Lueneburg seconded the motion, and it carried unanimously. Alderman Beatty moved to adopt the Assessment Rolls No. 111-124, with the exception of the two objectors' parcels in Roll No. 119 and No. 122 to be held for further study, at a 7% interest rate. Seconded by Alder- man Lueneburg, the motion unanimously carried. -5- COUNCIL MINUTES AUGUST 25, 1981 It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6924 entitled Resolution Adopting Assess- ment Roll No. 111, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6925 entitled Resolution Adopting Assess- ment Roll No. 112, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6926 entitled Resolution Adopting Assess- ment Roll No. 113, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6927 entitled Resolution Adopting Assess- ment Roll No. 114, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6928 entitled Resolution Adopting Assess- ment Roll No. 115, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6929 entitled Resolution Adopting Assess- ment Roll No. 116, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6930 entitled Resolution Adopting Assess- ment Roll No. 117, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6931 entitled Resolution Adopting Assess- ment Roll No. 118, Project 80-01. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6932 entitled Resolution Adopting Assess- ment Roll No. 119, Project 80-02, with the exclusion of Accounts No. 7, 8 and 9. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6933 entitled Resolution Adopting Assess- ment Roll No. 120, Project 80-02. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6934 entitled Resolution Adopting Assess- ment Roll No. 121, Project 80-02. Motion carried unanimously. WON COUNCIL MINUTES AUGUST 25, 1981 It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6935 entitled Resolution Adopting Assess- ment Roll No. 122, Project, 80-04, with the exclusion of Acount No. 21. Mo- tion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6936 entitled Resolution adopting Assess- ment Roll No. 123, Project 80-03. Motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Lueneburg, to waive reading and adopt Resolution No. 6937 entitled Resolution Adopting Assess- ment Roll No. 124, Project 80-07 & 80-08. Motion carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY INFLATION FIGHTER TO SELL COUPON BOOKS BY TELEPHONE SOLICITATION City Administrator Plotz commented on the City Ordinance, Section 485 re- garding Soliciting Funds, Goods or Merchandise. He then stated the City had received a request from Inflation Fighter to do telephone solicitation to sell coupon books in Hutchinson. Based on the information obtained about the company, it was his suggestion that if the Council approved the request, they require a bond from Inflation Fighter to cover the salary payments for employees to do the phone soliciting. Alderman Carls moved that, with no one present to answer questions and with the information provided, the Council deny selling coupon books by Inflation Fighter at this time. Seconded by Alderman Beatty, the motion carried unani- mo us ly . (b) CONSIDERATION OF REQUEST TO SOLICIT DOOR-TO-DOOR: 1.) IZORA GOFF - GRAPEFRUIT AND ORANGES 2.) MICHAEL MCGOWAN - MULTI-PURPOSE CLEANER 3.) BOBBY FOSTER - MULTI-PURPOSE CLEANER City Administrator Plotz reported there were three other requests for door- to-door soliciting. He then commented on the increase in requests of this nature. Following discussion, it was moved by Alderman Beatty to deny the requests for door-to-door soliciting. The motion was seconded by the Mayor and car- ried unanimously. -7- COUNCIL MINUTES AUGUST 25, 1981 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6923 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Gruenhagen, to waive reading and adopt Resolution No. 6923 entitled Transferring $10,000 from Liquor Store to General Fund. Motion carried unanimously. (b) ORDINANCE NO. 16/81 - AN ORDINANCE TO ESTABLISH A "SENIOR ADVISORY BOARD" AND TO DEFINE ITS DUTIES AND MEMBERSHIP City Administrator Plotz commented on the new high rise q)artment building and the multi-purpose senior center located in it. It was recommended that a new Senior Advisory Board be established to assist in developing and main- taining a management plan for the senior center, effective November 1, 1981. The Board would be comprised of seven members, namely, three senior citizens, three representatives from management and on-going activities, and one Coun- cil representative. In addition, the HRA Director would be involved on the committee. Personnel Coordinator Sitz reported the existing "Seniors Activity Center" Advisory Board was organized in 1978, specifically to advise the City on the use of the Old Armory. There would no longer be a need for this Board to function. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 16/81 entitled An Ordinance to Establish A "Senior Advisory Board" and to Define Its Duties and Membership and set the second reading for Sep- tember 8, 1981. Seconded by Alderman Lueneburg, the motion unanimously car- ried. The motion was made by Alderman Carls, seconded by Alderman Beatty and car- ried unanimously, to waive first reading of Ordinance No. 19/81 entitled Or- dinance Rescinding Ordinance No. 559 for Dissolution of "Seniors Activity Center" Advisory Board and set second reading for September 8, 1981. (c) RESOLUTION NO. 6942 - RESOLUTION FOR PURCHASE Following discussion, it was moved by Alderman Beatty to waive reading and adopt Resolution No. 6942 entitled Resolution for Purchase. The motion was seconded by Alderman Gruenhagen and carried unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - JULY 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. ml� COUNCIL A AUGUST 25, 1981 (b) MINUTES OF TRANSPORTATION BOARD DATED JUNE 17, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED JULY 21, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF LIBRARY BOARD DATED JULY 27, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BID FOR OLD ARMORY PROPERTY (DEFERRED AUGUST 11, 1981) This item was deleted from the Agenda. (b) CONSIDERATION OF REQUEST BY CROW RIVER COUNTRY CLUB TO TEMPORARILY EXTEND COLORADO STREET TO INTERSECT PRESENT CLUB ROAD (DEFERRED AUGUST 11, 1981) This item was deleted from the Agenda. (c) CONSIDERATION OF $650,000 COMMERCIAL DEVELOPMENT REVENUE BONDS, SERIES 1981, FOR MCCORMICK PROPERTIES AND PRAIRIE HOUSE, INC. City Administrator Plotz reported the City had requested guarantees, state- ments and personal financial statements of principal. They have been pro- vided and found to be favorable. Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 6944 entitled Resolution Relating to A $650,000 Commercial Devel- opment Revenue Note (McCormick Properties Project) (Prairie House, Inc., Lessee); Authorizing the Issuance Thereof Pursuant to Minnesota Statutes, Chapter 474. Seconded by Alderman Lueneburg, the motion carried unanimously. (d) CONSIDERATION OF REQUEST BY MARK LEASE TO OPEN A GAME ROOM IN HUTCHINSON (DEFERRED AUGUST 11, 1981) City Administrator Plotz stated the Police Department had investigated the recreation center operated by Mr. Mark Lease in Litchfield, and they found it to be well managed. A favorable recommendation was, therefore, given to a recreation center in Hutchinson. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman COUNCIL MINUTES AUGUST 26, 1981 Beatty, to approve the request for a game room in Hutchinson and to issue a Recreation Center Permit, at no charge. Motion unanimously carried. (e) CONSIDERATION OF AWARDING CONTRACTS FOR HUTCHINSON FIRE STATION (DEFERRED AUGUST 20, 1981) City Administrator Plotz commented on the expenditures from the fire station bond issue and explained capitalized interest accrued. Mr. John Korngiebel, Architect, recommended the following bids be awarded to: General Construction: Gopher State Contractors, Inc. Rice, Minnesota $288,760.00 - 240 Calendar Days Mechanical: Saxton Plumbing & Heating Alexandria, Minnesota $66,000.00 - 240 Calendar Days w/General Electrical: Wagoner Electric, Inc. Litchfield, Minnesota $22,900.00 - 240 Calendar Days w/General Mr. Jim McClure of Miller, Miller & Mac stated the specifications read that "once the building is enclosed, the City assumes responsibility for heating the building." He felt the City would save money by awarding the bid to his company, second lowest bidder by $1,140, due to the fact that they were local and could do the work in less time (180 calendar days). Therefore, the City would save money on heating expenses. Architect Korngiebel pointed out there had been a discrepancy in the speci- fications regarding heating the building, and it had been stated two ways. The normal procedure is for the contractor to pay for construction heat un- til such time as the building is taken over by the owner. He further stated that Gopher State Contractors' bid was for the company to pay construction heat until such time as the City takes over the building. After discussion, the motion was made by Alderman Beatty to approve the Arch- itect's recommendations and award the above -stated bids for the fire station. The motion was seconded by Alderman Gruenhagen, with Aldermen Beatty, Gruen- hagen, Lueneburg and Mayor Westlund voting aye, and Alderman Carls voting nay. Motion carried. (f) CONSIDERATION OF AWARDING BID FOR COMMERCIAL KITCHEN IN EVERGREEN APARTMENTS (DEFERRED MAY 27, 1981) -10- COUNCIL MINUTES AUGUST 26, 1981 Personnel Coordinator Sitz reported bids were received on May 27, 1981 for an institutional kitchen in the new senior center. The firm of Kraus -Ander- son, St. Paul, was the sole bidder. The awarding of the bid was deferred to revise the amount in the original specifications, and the revised bid total is $47,940.00. Grant assistance in the total amount of $35,000.00 has been received for this project. The remaining costs on the project will come from the tax increment bond fund. After discussion, Alderman Beatty moved to award the bid of $47,940.00 to Kraus -Anderson. Alderman Carls seconded the motion, and it carried unani- mously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS A copy of the letter sent to all delinquent account holders was read by Mayor Westlund. He then inquired if there was anyone present wishing to be heard regarding his/her account. No one responded. Alderman Beatty made the motion to accept staff recommendation to discon- tinue service at 12:00 Noon on August 31, 1981, except where noted, for the following accounts: Account No. 03-0500-6-00, 07-0900-1-00, 08-0370-1-00, 09-0285-1-00, 10-0155-1-00, 10-1050-1-00, 10-1090-0-00, 20-0065-0-00, 26- 0220-0-00. Seconded by Alderman Lueneburg, the motion unanimously carried. (b) CONSIDERATION OF APPLICATION FOR DEFERRED SPECIAL ASSESSMENTS BY MARIE ODEGAARD (DEFERRED AUGUST 11, 1981) Following discussion, it was moved by Alderman Beatty to approve the appli- cation for Deferred Special Assessment by Marie Odegaard and notify the County Auditor accordingly. Seconded by Alderman Lueneburg, the motion car- ried unanimously. (c) CONSIDERATION OF INCREASING SPENDING LIMIT WITH PRIOR APPROVAL OF CITY COUNCIL FROM $5,000 TO $10,000 FOR HUTCHINSON COMMUNITY HOSPITAL Alderman Gruenhagen explained the Hospital Board of Directors was requesting approval to increase the spending limitation from $5,000.00 to $10,000.00 prior to Council approval. This action would require amending Ordinance No. 583, Section 235:15 of the Ordinancd Code. After discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Lueneburg, to approve the request and waive first reading of Ordi- nance No. 18/81 entitled Ordinance Amending Section 235:15 of the 1974 Ordi- nance Code of the City of Hutchinson, Entitled Hospital Board Relating to Powers and Duties, and set second reading for September 8, 1981. Motion car- ried unanimously. -11- j COUNCIL MINUTES AUGUST 25, 1981 (d) CONSIDERATION OF ENTERING INTO SERVICE CONTRACT FOR WATER TREATMENT PLANT Maintenance Operations Director Neumann reported the company of Infilco Deg- remont Inc., with whom the City had a contract, had failed to service the Water Treatment Plant. It was his recommendation to enter into a new con- tract with Power Process Equipment Inc. of Minneapolis at an annual rate of $1,742.00. Following discussion, Alderman Lueneburg moved to approve entering into a contract with Power Process Equipment.Inc. The motion was seconded by Ald- erman Gruenhagen and unanimously carried. (e) CONSIDERATION OF REQUEST BY LEONARD JUNCEWSKI FOR VACATION OF A PORTION OF KOUWE STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Beatty, to accept the Planning Commission's recommendation and waive the first reading of Ordinance No. 17/81 entitled An Ordinance to Vacate A Por- tion of Kouwe Street and set second reading for September 8, 1981. Motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY KENNETH FARLEY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz reported Mr. Kenneth Farley needed a Conditional Use Permit to move a newly constructed storage shed onto his property. Following discussion, the motion was made by Alderman Beatty to waive read- ing and adopt Resolution No. 6938 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Mov- ing A Storage Shed. Seconded by Alderman Lueneburg, the motion unanimously carried. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY TY'S METAL INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz stated the area involved is in an IC -1 zone. The Planning Commission was concerned that a hard surfaced parking lot of 19 spaces be provided with a six inch gravel base and two inches of blacktop. After discussion, Alderman Gruenhagen moved to waive reading and adopt Reso- lution No. 6939 entitled Resolution Granting Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow An Addition to Exist- ing Manufacturing Facility In IC -1 Zone. The motion was seconded by Alder- man Beatty and carried unanimously. (h) CONSIDERATION OF LANDSCAPING PLAN FOR OUTLOT A & B IN HUTCHINSON MALL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION -12- COUNCIL MINUTES AUGUST 25, 1981 City Administrator Plotz presented a map of the landscaping plan for the Hutchinson Mall. Outlot A and B would be a buffer for South Grade Road and would have a berm present. The landscaped buffer would be 50' wide and 4' high. As part of the subdivision agreement, this is required. City Engineer Priebe pointed out that it was in the agreement that this land- scaping plan would be approved by the City Council. Following discussion, it was moved by Alderman Beatty, seconded by Alderman Lueneburg and unanimously carried, to waive reading and adopt Resolution No. 6940 entitled Resolution Giving Approval of Landscaping Plan for Outlot A & B' In Hutchinson Mall. (i) CONSIDERATION OF FINAL PLAT FOR SCHMIDTBAUER'S SECOND ADDITION WITH FAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Beatty to waive reading and adopt Resolution No. 6941 entitled Resolution Giving Approval of Final Plat for Schmidtbauer's Second Addition. The motion was seconded by Alder- man Lueneburg and carried unanimously. (j) CONSIDERATION OF APPLICATION FOR RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE BY ST. ANASTASIA CATHOLIC CHURCH Following discussion, Alderman Lueneburg moved to approve and issue a Re- tail "On Sale" Non -Intoxicating Malt Liquor License to St. Anastasia Catho- lic Church. Seconded by Alderman Beatty, the motion unanimously carried. (k) CONSIDERATION OF SENIOR CITIZENS DEFERRED ASSESSMENTS INCOME GUIDELINES AND ASSET LIMITATIONS City Administrator Plotz commented that in the 1974 City Council Minutes the guidelines for deferred assessments of those 65 years and older were deter- mined. The income limits are established by the City Council, and there has been no up -date on income limits or asset limitations since then. Research was done on the low-income family or person, and it was determined at $5,000.00 per year for one person and $7,000.00 per year for a married couple. The asset limitation would not exceed $25,000.00, excluding the homestead, ac- cording to the federal guideline. After discussion, the motion was made by Alderman Beatty to adopt the fed- eral low income guideline for deferred assessments of $5,000.00 per year for one person and $7,000.00 per year for a married couple and set the asset lim- itation not to exceed $25,000.00, excluding the homestead. Seconded by Ald- erman Carls, the motion carried unanimously. It was moved by Alderman Beatty, seconded by Alderman Carls and unanimously carried, to waive reading and adopt Resolution No. 6943 entitled Resolution -13- COUNCIL MINUTES AUGUST 25, 1981 Establishing Income Guidelines and Asset Limitations for Senior Citizens Deferred Assessments. (1) CONSIDERATION OF REQUEST FOR APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY K -MART CORPORATION After discussion, it was moved by Alderman Lueneburg to approve the appli- cation and issue a cigarette license to the K -Mart Corporation. The motion was seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz made reference to the landowners on Shady Ridge Road privately installing their driveway panels. He reported that since the August 11, 1981 Council meeting, three additional property owners had requested to install their own driveway panels. The City Engineer had con- tacted the contractor regarding this matter, and the contractor was agree- able to private installation of the driveway panels as long as it was a small number. Following discussion, it was moved by Alderman Lueneburg to include the three additional property owners who have requested to do their own drive- way panels on Shady Ridge Road. Seconded by Alderman Beatty, the motion unanimously carried. Mr. Plotz reported there had been deferred assessments for the Clifton Heights area for Project 79-01, Assessment Roll No. 80 and Project 79-02, Assessment Roll No. 86. Now that Clifton Heights has been annexed into the City, it will be necessary to set a public hearing to change the status to a regular assessment. It was recommended the hearing be held September 8, 1981 at 8:00 P.M. and extend the payment deadline without interest to Oc- tober 8, with certification to the county on October 10, 1981. It was moved by Alderman Carls to set a public hearing on activating defer- red assessments for September 8, 1981 at 8:00 P.M. Seconded by Alderman Lueneburg, the motion carried unanimously. The City Council was reminded of a joint meeting with the Utilities Commis- sion on August 27, 1981, 7:00 A.M., at the Prairie House. (b) COMMUNICATIONS FROM ALDERMAN CARLS Alderman Carls reported the Burns Manor Nursing Home has available the amount of $67,193.00 for the bonds payment due January, 1982. -14- V COUNCIL MINUTES AUGUST 25, 1981 (c) COMMUNICATIONS FROM ASSISTANT CITY ATTORNEY The Assistant City Attorney stated he had received a complaint from a resi- dent on Dale Street regarding the construction being done in the area. The property owners would like to be notified when work will be done so they are able to move their cars out of the driveway and not be blocked in. (d) COMMUNICATIONS FROM MAYOR Mayor Westlund reported the City will hold its second City-wide auction on September 14, 1981, starting at 5:30 P.M. The revenue received from vehicles sold will be credited to the Motor Pool Fund. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by alderman Lueneburg, 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 10:15 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously. -15-