09-08-1981 CCM1%
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 8, 1981
1. CALL TO ORDER
The meeting was called to order by Mayor Westlund at 7:30 P.M., with the follow-
ing members present: Aldermen Carls, Lueneburg, Gruenhagen and Beatty, in addi-
tion to Mayor Westlund. Absent: None. Also present: City Administrator Plotz,
City Engineer Priebe, and Assistant City Attorney Schaefer.
2. INVOCATION
The invocation was given by the Reverend Maynard Johnson of the Shalom Baptist
Church.
3. MINUTES
The minutes of the Regular Meeting of August 25, 1981 were approved as amended
and the Special Meeting of September 1, 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) ACTIVATING DEFERRED ASSESSMENTS
1. ASSESSMENT ROLL NO. 80 (CLIFTON HEIGHTS AREA)
2. ASSESSMENT ROLL NO. 86 (CLIFTON HEIGHTS AREA)
City Engineer Priebe stated Assessment Roll No. 80 (Project 79-01) was for
construction of a sanitary sewer, watermain and appurtenances and Roll No.
86 (Project 79-02) was for a trunk storm sewer line installed prior to an-
nexation of Clifton Heights. The assessments were deferred at that time.
Now that the area has been annexed, the assessments will need to be activated.
The property owners will have 30 days from this date to pay by October 8
without interest, with certification on October 10.
John Mlinar Inquired if the trunk sewer had been deferred.
704 Hilltop Drive
Marlow Priebe Stated that five properties were deferred.
City Engineer
Roman Haas Raised a question regarding the existing county
113 Mark Drive tile line behind the homes in the area and
wanted to know what is going to happen to it.
C5 #
COUNCIL MINUTES
SEPTEMBER 8, 1981
Mayor Westlund Stated he preferred not to discuss this mat-
ter during the hearing, but the staff would
answer the question later in the evening.
Richard Holt Asked what area was covered in the project.
108 Garden Road Wanted to know if he would still have to pay
a county tile assessment now that the trunk
line had been constructed. Inquired why he
had received two notices.
City Engineer The City Engineer drew a map on the chalk-
board showing the area involved. He commented
one notice was a preliminary and the second
was the final notice. Another letter had been
sent to property owners informing them of an
additional 30 days for payment of assessments.
John Mlinar Commented that since Clifton Heights is now in
the City, they should no longer be assessed for
county tile. Made reference to the change in
Project 81-10, Section B,and the reduction of
cost per square foot. Wanted to know if there
would also be a reduction of cost on this proj-
ect. Stated he was not speaking against the
two projects but only had concerns about them.
Stated the trunk installed in 1980 is at its
capacity. Expressed concern about foresight
of additional area draining into that storm
sewer.
City Engineer Reported the fringe area to the north was
changed due to opposition by property owners
to the project. The cost design reduced the
cost of the project.
Roman Haas Expressed concern about laterals. Wanted to
know if the laterals were large enough to
handle excessive water on Highway 7.
Mayor Westlund summarized that these two assessment rolls were being con-
sidered for activation inasmuch as Clifton Heights has been annexed. The
two alternatives would be to not activate the rolls or to adopt the two as-
sessment rolls.
The motion was made by Alderman Beatty to close the hearing at 8:30 P.M.
Seconded by Alderman Gruenhagen, the motion carried unanimously.
-2-
COUNCIL MINUTES
SEPTEMBER 8, 1981
It was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to acti-
vate the deferred Assessment Rolls No.,80 and No. 86. Motion unanimously
carried.
It was moved by Alderman Beatty to waive reading and adopt Resolution No.
6952 entitled Resolution Activating Deferred Assessments, Assessment Roll
No. 80. The motion was seconded by Alderman Gruenhagen and carried unani-
mously.
It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and unani-
mously carried, to waive reading and adopt Resolution No. 6953 entitled Reso-
lution Activating Deferred Assessments, Assessment Roll No. 86.
5. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST BY MARK SCHNOBRICH TO ATTEND DUTCH ELM DISEASE
SYMPOSIUM OCTOBER 5-9, 1981
Following discussion, Alderman Beatty moved to approve Mark Schnobrich at-
tending the Dutch Elm Disease Symposium. Seconded by Alderman Gruenhagen,
the motion unanimously carried.
6. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 16/81 - AN ORDINANCE TO ESTABLISH A "SENIOR ADVISORY BOARD"
AND TO DEFINE ITS DUTIES AND MEMBERSHIP
After discussion, the motion was made by Alderman Lueneburg to waive the
second reading and adopt Ordinance No. 630 entitled An Ordinance to Estab-
lish A "Senior Advisory Board" and to Define Its Duties and Membership. The
motion was seconded by Alderman Beatty and carried unanimously.
(b) ORDINANCE NO. 17/81 - AN ORDINANCE TO VACATE A PORTION OF KOUWE STREET
Following discussion, Alderman Beatty made the motion, seconded by Alder-
man Lueneburg, to waive the second reading and adopt Ordinance No. 631 en-
titled An Ordinance to Vacate A Portion of Kouwe Street. Motion unanimously
carried.
(c) ORDINANCE NO. 18/81 - ORDINANCE AMENDING SECTION 235:15 OF 1974 ORDINANCE
CODE OF CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD RELATING TO POWERS AND
DUTIES
After discussion, it was moved by Alderman Gruenhagen, seconded by Alderman
Lueneburg and carried unanimously, to waive second reading and adopt Ordi-
nance No. 632 entitled Ordinance Amending Section 235:15 of 1974 Ordinance
Code of City of Hutchinson, Entitled Hospital Board Relating to Powers and
Duties.
-3-
COUNCIL MINUTES
SEPTEMBER 8, 1981
(d) ORDINANCE NO. 19/81 - ORDINANCE RESCINDING ORDINANCE NO. 559 FOR DISSOLUTION
OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD
Following discussion, the motion was made by Alderman Beatty to waive the
second reading and adopt Ordinance No. 633 entitled Ordinance Rescinding
Ordinance No. 559 for Dissolution of "Seniors Activity Center" Advisory
Board. The motion was seconded by Alderman Carls and unanimously carried.
(e) RESOLUTION NO. 6947 - RESOLUTION OF APPRECIATION - FRED ROBERTS
Mayor Westlund reported that Fred Roberts would be retiring effective Sep-
tember 30, 1981,after 22 years of employment with the City.
After discussion, Alderman Gruenhagen moved to waive reading and adopt Reso-
lution No. 6947 entitled Resolution of Appreciation - Fred Roberts. Seconded
by Alderman Carls, the motion carried unanimously.
(f) RESOLUTION NO. 6948 - RESOLUTION OF APPRECIATION - ED ONDRACHEK
Mayor Westlund stated Ed Ondracheck would also be retiring after 20-1/2
years working for the City.
Following discussion, it was moved by Alderman Beatty, seconded by Alderman
Gruenhagen, to waive reading and adopt Resolution No. 6948 entitled Resolu-
tion of Appreciation - Ed Ondracheck. Motion carried unanimously.
(g) RESOLUTION NO. 6949 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND
After discussion, the motion was made by Alderman Lueneburg to waive read-
ing and adopt Resolution No. 6949 entitled Transferring $10,000 from Liquor
Store to General Fund. The motion was seconded by Alderman Beatty and unani-
mously carried.
(h) RESOLUTION NO. 6950 - RESOLUTION FOR PURCHASE
Following discussion, Alderman Carls made the motion, seconded by Alderman
Beatty, to waive reading and adopt Resolution No. 6950 entitled Resolution
for Purchase. Motion carried unanimously.
7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(a) BUILDING OFFICIAL'S MONTHLY REPORT - AUGUST 1981
There being no discussion, the report was ordered by the Mayor to be re-
ceived for filing.
(b) MINUTES OF HOSPITAL BOARD DATED JULY 21, 1981
ME41
a
COUNCIL MINUTES
SEPTEMBER 8, 1981
There being no discussion, the minutes were ordered by the Mayor to be re-
ceived for filing.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF PROPOSED ASSESSMENT FOR ORVILLE AND EDNA LUND (ROLL N0. 122)
4DEFERRED AUGUST 25, 1981)
Assistant City Attorney Schaefer reported he had met with the City Adminis-
trator and City Engineer regarding this item, and it was not yet resolved
whether the notice was adequate to the Orville Lunds. He requested this
matter be deferred until the next meeting to allow him more time for fur-
ther study.
Realtor Jim DeMeyer expounded on some of the background for this particular
assessment.
(b) CONSIDERATION OF AWARDING BIDS FOR REMOVAL/DEMOLITION OF HOUSE AT 45 FRANKLIN
STREET NORTH AND DEMOLITION OF WIGEN BUILDING (DEFERRED SEPTEMBER 1, 1981)
Maintenance Operations Director Neumann stated it was a decision of the City
versus the contractor hauling and disposing of debris from the demolition
site. He felt it was important that the contractor use his trucks for this
purpose and leave the City vehicles available for other work. It was his
recommendation to award both contracts to Erickson & Templin Contracting,
low bidder, with the contractor doing the hauling, as follows:
Wigen Building (Demolition) $4,949.00
House at 45 Franklin Street N. 995.00
(Demolition)
Following discussion, Alderman Carts moved to award the two above contracts
to Erickson & Templin Contracting. Seconded by Alderman Beatty, the motion
carried unanimously.
9. NEW BUSINESS
(a) CONSIDERATION OF OUT-OF-TOWN MILEAGE
City Administrator Plotz reported he had done a survey on the allowance for
out-of-town mileage, and the current range is 22(,s to 281 per mile. It was
recommended by the local entities that 230, per mile be authorized.
After discussion, it was moved by Alderman Lueneburg, seconded by Alder-
man Gruenhagen, to approve 23(,� per mile for out-of-town mileage. Motion
unanimously carried.
-5-
COUNCIL MINUTES
SEPTEMBER 8, 1981
(b) CONSIDERATION OF PURCHASE OF RIVER FRONT PROPERTY SOUTH OF SECOND AVENUE
FROM LEONARD MILLER
Mayor Westlund stated that Mr. Leonard Miller had property in the flood plain
along the river with deferred assessments on it. The City had decided to pur-
chase this property, but the final agreement with Mr. Miller had not been
agreed upon. Therefore, this item was deferred at this time.
(c) CONSIDERATION OF ENGINEERING AND ADMINISTRATION COST RECOVERY
City Administrator Plotz commented that the Council had previously reviewed
a policy change regarding recovery of General Fund expenses. The policy
change would provide a 20% recovery from the bond issues for engineering and
administration work. The old practice was to transfer a flat amount.
Following discussion, it was the consensus of the Council that more study
should be given this matter.
It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried
unanimously, to defer action.
(d) CONSIDERATION OF RESOLUTION INITIATING CONDEMNATION OF WEST 62.7' OF LOT 6
AND WEST 62.7' OF SOUTH 4' OF LOT 7, BLOCK 8, SOUTH 1/2 CITY (NEMITZ PROPERTY)
Mayor Westlund reported that the Nemitz property had been under consideration
to be used for off-street parking. It was the consensus of the Council to
initiate condemnation for said purpose.
After discussion, the motion was made by Alderman Lueneburg to waive reading
and adopt Resolution No. 6951 entitled Authorizing the Office of the City
Attorney of Hutchinson to Initiate Certain Condemnation Proceedings. The
motion was seconded by Alderman Beatty and unanimously carried.
(e) CONSIDERATION OF REMOVAL OF PARKING METER HEADS BY OCTOBER 1 ON A SIX-MONTH
TRIAL BASIS
Mayor Westlund stated it would be appropriate for the City to remove the
downtown parking meter heads effective October 1, 1981 in accordance with
the off-street parking program. A meeting had been held with the Police
Chief to determine a procedure for patroling the downtown parking, and a de-
cision will be made next week. From October 1-15, the police will issue a
complimentary parking ticket to anyone parked longer than two hours, and
after October 15 a regular parking ticket will be issued. The first read-
ing of an Ordinance to this effect will be read at the next Council meeting.
Alderman Beatty recommended a one-year period for free downtown parking to
give it a full four -seasons trial. He had discussed this matter with other
M
COUNCIL MINUTES
SEPTEMBER 8, 1981
downtown businessmen, and they felt one year would be a better time frame.
Alderman Carls moved to approve the removal of the parking meter heads, ef-
fective October 1, 1981, for a one-year trial basis. Seconded by Alderman
Beatty, the motion carried unanimously.
(f) CONSIDERATION OF BUILDING INSPECTOR'S VEHICLE REPLACEMENT
City Administrator Plotz reported that the replacement of the Building In-
spector's vehicle was budgeted for 1981. Proposals were received for said
vehicle, and it was recommended to purchase a 1981 Pontiac T1000 from Swanke
Motors in the amount of $4,957.33, with immediate delivery.
Following discussion, Alderman Lueneburg made the motion, based on recommen-
dation, to approve the replacement 1981 Pontiac T1000 from Swanke Motors.
The motion was seconded by Alderman Beatty and unanimously carried.
(g) CONSIDERATION OF CHANGE OF LOCATION OF LICENSED PREMISES FOR GODFATHER'S
PIZZA
City Administrator Plotz stated the Godfather's Pizza is relocating from
Highway 7 to the Hutchinson Mall. The City Ordinance Code, Section 400:48,
requires City Council approval for an "On Sale" Non -Intoxicating Malt Liquor
license to change location of the establishment.
After discussion, the motion was made by Alderman Beatty, seconded by Alder-
man Lueneburg, to approve the Godfather's Pizza license for relocation. Mo-
tion carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported that prior to the September 22 Council meet-
ing, the City would place a public notice in the Leader to enable the public
to have input for the 1982 budget.
The Council members were reminded of several up -coming meetings during the
next week, including budget review.
Mention was made that the LAWCON Grant application is due prior to October 1.
(b) COMMUNICATIONS FROM ALDERMAN CARLS
Alderman Carls inquired if the 1981 improvement projects would be completed
this year. He was assured by the City Engineer that they should be finished,
but the weather conditions have caused delay in the schedule.
IC
V.
COUNCIL MINUTES
SEPTEMBER 8, 1981
(c) COMMUNICATIONS FROM CITY ENGINEER
City Engineer Priebe asked about minor changes in the design for the down-
town project located by Citizens Bank and Braun's. He also inquired if the
sidewalk should remain or be improved. The City Engineer was instructed by
the Mayor to determine the various costs involved.
Mr. Priebe addressed the question raised regarding a county tile line in
Clifton Heights. He reported the present private storm sewer line will be
left in place and present intakes taken off.
Roman Haas wanted to know what is going to happen, and if the line will be
damaged when the lines are going through.
The City Engineer responded that if any sections are damaged, they will be
replaced.
John Mlinar then inquired if the Council had approved the final plat for
Clifton Heights and if any changes had been made since the properties were
annexed. He further asked about drawings of where the utilities would be
installed, the plat of water mains, sewers, etc., and the final grade of the
road. He made reference to the topography.
The City Engineer reported the final plat was approved years ago when the
area was developed. The County has the recorded plats, and no hearing was
necessary. No change can be made on a recorded plat. The grade of the
street will be changed slightly where needed, but the change in elevation
will be minor.
Mr. Mlinar asked if a new well could be dug in Clifton Heights. He also in-
quired about running in the services to the houses from the City line and
the OSHA requirements.
City Engineer Priebe answered that he thought new wells could be dug. The
cost of same could be too high to be practicable.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
It was moved by Alderman Lueneb urg, seconded by Alderman Gruenhagen and car-
ried unanimously, to approve the verified claims and authorize payment from
the appropriate funds.
12. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 9:15 P.M. upon motion by Alderman Beatty, seconded by Alderman Gruenhagen, and
unanimously carried.