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12-08-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 8, 1981 1. CALL TO ORDER The meeting was called to order by Mayor Westlund at 7:30 P.M., with the follow- ing 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 In the absence of the pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting of November 24, 1981 were amended and th-e Minutes of the Special Meetings of November 30, 1981 and December 1, 1981 were ap proved as read upon motion by Alderman Lueneburg, seconded by Alderman Beatty and unanimously carried. City Administrator Plotz pointed out the minutes of the Downtown Development Ad- visory -Board dated November 24, 1981 would also have to be amended regarding the legal description for the Old Armory: Lots 9 and 10, Block 12, South Half City. It was moved by Alderman Lueneburg to amend the Downtown Development Advisory Board minutes. Seconded by Alderman Beatty, the motion carried unanimously. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF STATUS REVIEW OF DRIVEWAY PANELS IN SHADY RIDGE AND CONNECTICUT STREET AREA Attorney Schaefer reported that 11 people appealed the driveway panel in- stallation in Shady Ridge Road and Connecticut Street area. The appeal was based on the price charged and the fact that the notice was not properly given. The first notice to the property owner stated improvement for curb and gutter, while the second notice said assessment hearing for curb, gutter, and appurtenances. The Judge of District Court determined driveway panels are not a part of curb and gutter, and it is not within the City's power to install them as a special assessment. This portion will have to be removed from the assessment IN v COUNCIL MINUTES ]DECEMBER 8, 1981 rolls, and the City will stand the cost of the driveway panels in the amount of $6,000.00. The Assistant City Attorney did not recommend the City appeal the case, but rather discontinue installing driveway panels as part of the improvement project for curb and gutter. City Engineer Priebe stated the driveway panels have been installed with the projects since 1969, but they will be dropped in the future. (b) DISCUSSION OF REFUSE COMPLAINT FROM GORDON HEDLUND (COUNTRY CLUB TERRACE MOBILE HOME PARK) Mr. Gordon Hedlund, owner of the Country Club Terrace Mobile Home Park, ap- peared before the Council with an objection to the refuse charges made by Junker Sanitation. He requested permission from the Council to hire a pri*ate hauler. Mayor Westlund stated the City has a contract with one hauler for refuse within the City limits. He then instructed Mr. Hedlund to submit his com- plaints and request in writing to the City Council, and they will reach a decision. 6. RESOLUTIONS AND ORDINANCES None 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - NOVEMBER 1981 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HOSPITAL BOARD DATED OCTOBER 20, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF DOWNTOWN DEVELOPMENT ADVISORY BOARD DATED NOVEMBER 11, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF TWO PROPOSALS FOR S WMASONIC TEMPLE SITE -2- FA COUNCIL MINUTES DECEMBER 8, 1981 Two proposals were submitted to the City Council for development of an of- fice building/restaurant on First Avenue South and Main Street by Richard Smith and Ken Lever. It was the consensus of the Council to select Mr. Lever's proposal. The motion was made by Alderman Beatty to proceed toward a development agree- ment with Mr. Ken Lever, Hutchinson Redevelopment, for the S&L/Masonic Tem- ple site. Seconded by Alderman Carls, the motion carried unanimously. Jim and Dick McClure informed the Council they had an interest in purchas- ing the old S&L building and turning it into a retail store on the first floor and office space above. They wondered if the Council would consider issuing a revenue bond for their project. They stated they would have a presentation ready for the December 22, 1981 Council meeting. (b) CONSIDERATION OF AWARDING BID FOR IMPROVEMENT PROJECT 82-01 (DEFERRED DECEMBER 1, 1981) City Engineer Priebe reported one bid was received for Project 82-01 from Juul Contracting Company with a base bid and alternate bid. It was his recom- mendation to accept the alternate bid in the amount of $42,105.00. Alderman Beatty moved to accept the bid and award the contract to Juul Con- tracting Company for $42,105.00. The motion was seconded by Alderman Luene- burg and unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to waive reading and adopt Resolution No. 7044 entitled Resolu- tion Accepting Bid and Awarding Contract. (c) CONSIDERATION OF SELECTION OF SENIOR CENTER COORDINATOR It was reported that five candidates were interviewed for the position of Senior Center Coordinator. The interviewing committee recommended Barb Haugen for the position. Alderman Lueneburg moved that on the recommendation of the interviewers to approve Barb Haugen as Senior Center Coordinator. The motion was seconded by Alderman Beatty and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY A. J. BRETZKE FOR THE PRAIRIE HOUSE (HIGHWAY 15 SOUTH) Following discussion, the motion was made by Alderman Lueneburg and seconded by Alderman Gruenhagen to approve and issue a cigarette license to The Prai- rie House. Motion unanimously carried. -3- COUNCIL MINUTES DECEMBER 8, 1981 (b) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT: 1. JOE DOOLEY 2. H. H. LEPEL (7 -EAST REALTY) 3. TOM DAHL After discussion, it was moved by Alderman Carls to approve the applications and issue snow removal permits to the above-named. The motion was seconded by Alderman Lueneburg and unanimously carried. (c) CONSIDERATION OF APPLICATION FOR CHRISTMAS TREE SALES PERMIT: 1. JERRY BROWN (BROWN'S GREENHOUSE) 2. CHARLES PULKRABEK Following discussion, Alderman Gruenhagen made the motion to approve and is- sue christmas tree sales permits to the two above-named individuals. Sec- onded by Alderman Beatty, the motion carried unanimously. (d) CONSIDERATION OF APPROPRIATIONS FOR FUTURE CHRISTMAS DECORATIONS REPLACEMENT City Administrator Plotz reported that each year $2,500.00 is set aside for Christmas decoration replacement. The reserve fund requires Council author- ization. After discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Beatty, to approve the appropriations for Christmas decorations replacement. Motion unanimously carried. (e) CONSIDERATION OF PAID -IN -FULL SPECIAL ASSESSMENT BOND FUNDS City Administrator Plotz reported that state statute allows the transfer of monies from one bond fund to a similar fund. Therefore, it was requested to transfer the balances from the Bonds of 1968, 1969, 1969 Storm Sewer and 1970 to the Special Assessment Bonds of 1976, effective December 31, 1981. Following discussion, Alderman Beatty moved to approve transferring the out- standing balances and to waive reading and adopt Resolution No. 7043 entitled Resolution Clearing and Closing the Special Assessment Bond Funds of 1968, 1969, 1969 Storm Sewer and 1970 and Transferring Any Balance to the Special Assessment Bond Fund of 1976. The motion was seconded by Alderman Carls and carried unanimously. (f) CONSIDERATION OF ORDINANCE CONCERNING TRANSACTION ON OLD ARMORY Discussion was given to an Ordinance which would authorize the conversion of the Old Armory site to a public parking lot. Also contained within the -4- COUNCIL MINUTES DECEMBER 8, 1981 Ordinance was acceptance of the $200,000.00 donation by Citizens Bank and granting of certain limited property rights. Two changes were recommended for the proposed Ordinance. The fair market value was changed from $200,000.00 to $204,680.00, which was the actual ap- praised value. Also, the title of the Ordinance was changed to read: An Or- dinance Authorizing Conversion of Certain City Property to Public Parking, Acceptance of Donation and Granting of Limited Property Rights. After discussion, it was moved by Alderman Lueneburg to waive the first reading of Ordinance No. 28/81 entitled An Ordinance Authorizing Conversion of Certain City Property to Public Parking, Acceptance of Donation and Grant- ing of Limited Property Rights, with the change of title and change of ap- praised amount, and set the second reading for December 22, 1981. The mo- tion was seconded by Alderman Carls and carried, with Aldermen Carls, Luene- burg and Beatty and the Mayor voting aye, and Alderman Gruenhagen voting nay. (g) CONSIDERATION OF LIQUOR STORE 1982 BUDGET A presentation of the liquor store 1982 budget was made by City Accountant Merrill and Chuck Nelson, Liquor Store Manager. Following discussion, the motion was made by Alderman Lueneburg, seconded by Alderman Gruenhagen, to adopt the Liquor Store 1982 Budget. The motion unanimously carried. (h) CONSIDERATION OF SEWER/WATER 1982 BUDGET City Accountant Merrill presented the Sewer/Water 1982 Budget to the Council. After discussion, Alderman Lueneburg moved to adopt the Sewer/Water 1982 Bud- get. The motion was seconded by Alderman Beatty. The motion was withdrawn for a rate study to be prepared. It was moved by Alderman Lueneburg to defer this item to the next meeting for a rate study report. Seconded by Alderman Beatty, the motion carried unanimously. (i) CONSIDERATION OF 1981 ELM TREE SUBSIDY In 1980 and 1981 the City received 100% state and federal subsidy for tree removal. This year, however, there has been a cut-back in funds. There- fore, the Tree Board has recommended three alternatives for billing back the cost to the homeowner. Following discussion, it was moved by Alderman Gruenhagen to accept the recommendation of the Tree Board to bill the homeowner $63/tree removed. The motion was seconded by Alderman Beatty and unanimously carried. -5- COUNCIL MINUTES DECEMBER 8, 1981 The motion was amended by Alderman Gruenhagen to include a 1-1/2% per month (18% annual) finance charge if not paid within 30 days of billing. Seconded by Alderman Beatty, the motion carried unanimously. (j) CONSIDERATION OF PURCHASE OF 32 -YARD BODY FLAT BED TRUCK FOR STREET DEPARTMENT Maintenance Operations Director Neumann reported the insert snowbody fits inside the flatbed truck, which the City already owns. He requested per- mission to purchase two of the 32 -yard units at a price of $3,765.00 each. After discussion, it was moved by Alderman Lueneburg to approve the purchase. Seconded by Alderman Beatty, the motion unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that he, Marlow Priebe, and Don Erickson would be attending a planning conference on Thursday and Friday of this week. Interviews with architects for the athletic facility are scheduled for Fri- day, December 11, starting at 3:30 P.M. TKDA requested to present a writ- ten proposal instead of a formal presentation. It was requested that a meeting with the DNR be held at 3:30 P.M. to dis- cuss the problem with the gate on the dam.during the allotted time for TKDA on Friday. (b) COMMUNICATIONS FROM THE MAYOR Mayor Westlund re -appointed Rolland Jensen and Kathy McGraw to the Park and Recreation Board and asked for Council ratification. It was moved by Alderman Beatty, seconded by Alderman Carls, to ratify the appointment. Motion unanimously carried. Mr. Paul Ackland was re -appointed to the HRA by Mayor Westlund, upon Council ratification. It was moved by Alderman Carls to ratify the appointment of Paul Ackland. Seconded by Alderman Beatty, the motion carried unanimously. Mayor Westlund reported that Kathy McGraw's term on the Crow River Regional Library Board had expired, and Albert Linde will replace her as a regional representative. ISO COUNCIL MINUTES DECEMBER 8, 1981 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:55 P.M. upon motion by Alderman Beatty, seconded by Alderman Lueneb urg and carried unanimously. -7-