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01-11-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 11, 1983 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the following present: Alderman John Mlinar, Alderman Ted Beatty, Alderman Mike Carls, and Mayor James G. DeMeyer. Absent: Alderman Ken Gruenhagen. Also present: City Attorney James Schaefer and City Administrator Gary Plotz. 2. INVOCATION The Reverend Richard Coston led the invocation. 3. MINUTES The minutes of the Regular Meeting of December 29, 1982 were approved as presented upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. 4. PUBLIC HEARING (a) INDUSTRIAL REVENUE NOTE REQUESTED BY HUTCH COMPUTER INDUSTRIES Publication No. 3008, Notice of Public Hearing, was read by Mayor DeMeyer. After discussion, it was moved by Alderman Mlinar to close the hearing. Motion seconded by Alderman Beatty and carried unanimously. On a motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously, Resolution No. 7307 was adopted. (b) PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS Publication No. 3007, Hearing on Proposed Use of Revenue Sharing, was read by Mayor DeMeyer. City Accountant Ken Merrill stated that the unappropriated revenue sharing funds available are $179,319 and that citizen comments are solicited on their use. There being no citizen comments, it was moved by Alderman Beatty to close the hearing. Motion seconded by Alderman Mlinar and carried unanimously. COUNCIL MINUTES JANUARY 11, 1983 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF APPOINTMENTS TO HEALTH BOARD One-year appointments to the Health Board were made for 1. Dr. George Smith 2. Dr. Robert Hegrenes 3. Dr. Thomas Kleinkauf Appointments were ratified on a motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously. (b) CONSIDERATION OF FIRE MARSHAL TO ATTEND CONFERENCE JANUARY 18, 1983 After discussion, the Fire Marshal's request to attend conference was approved on a motion by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 17/82 - AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO AND RAFFLES AND THE USE OF PADDLEWHEELS, TIPBOARDS, PULL -TABS OR TICKET JARS AND PROVIDING A PENALTY FOR VIOLATION. Following discussion, a motion was made by Alderman Beatty, seconded by Alderman Carls and carried unanimously to waive second reading and adopt Ordinance No. 17/82. (b) ORDINANCE NO. 18/82 - AN ORDINANCE AMENDING SECTION 715:40 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED "TIME LIMIT, PARKING ZONES" BY ADDING SUBDIVISION NO. 11 THERETO. After discussion, a motion was made by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously to waive second reading and adopt Ordinance No. 18/82. (c) RESOLUTION NO. 7313 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS After discussion, a motion was made by Alderman Beatty, seconded by Alderman Carls and approved unanimously to waive reading and adopt Resolution No. 7313. (d) RESOLUTION NO. 7314 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS - FEDERAL SAVINGS AND LOAN ASSOCIATIONS Following discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously to waive reading and adopt Resolution No. 7314. (2) COUNCIL MINUTES JANUARY 11, 1983 (e) RESOLUTION NO. 7315 - DESIGNATING OFFICIAL NEWSPAPER After discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar to waive reading and adopt Resolution No. 7315 designating the Hutchinson Leader as the official newspaper. Motion was unanimously approved. (f) RESOLUTION NO. 7316 - APPOINTING CITY OFFICERS FOR 1983 After discussion, a motion was made by Alderman Mlinar to appoint city officers for 1983, making the appointments for City Attorney and Assistant City Attorney 12 months in length instead of the 6 months originally listed. Motion was seconded by Alderman Beatty. City Attorney Schaefer responded to a question from Alderman Carls stating that there is no contract involved and no requirement to compensate the City Attorney for a full year in the event of early severance. Mayor DeMeyer referred to the uncertainties of the City Attorney's work load and stated he prefers not to be tied to a full year. Alderman Mlinar remarked that a one-year appointment is a matter of formality. The motion to appoint city officers was carried, with Alderman Carls, Mlinar and Beatty voting aye and Mayor DeMeyer voting nay. (g) RESOLUTION NO. 7317 - APPOINTING LEGAL COUNSEL City Attorney Schaefer commented that in light of the action taken in adopting Resolution No. 7316, the wording in Resolution No. 7317 would change to appoint the City Attorney for a one-year period. He further noted changes he is recommending for this year concerning legal services for tax increment bond/note issues and collecting legal obligations -owing the City. Alderman Carls made a motion to adopt Resolution No. 7317, including the City Attorney's first recommended change (tax increment bond/note issues) and deleting the second recommended change (collecting legal obligations). The motion failed for lack of a second. After further discussion, Alderman Beatty moved to adopt Resolution No 7317 with the City Attorney's recommended change on tax increment bond/ note issues, and to change the second portion of the resolution to state that legal action initiated to collect obligations owing the City or its agencies is included in the aforementioned ceiling up to $4500; after the ceiling is reached, remuneration will be on a contingent fee basis for any amounts received for such actions. Alderman Beatty amended his motion to include appointing the City Attorney for a one- year period. The motion as amended was seconded by Alderman Mlinar. The motion to appoint legal counsel was carried, with Alderman Carls, Mlinar and Beatty voting aye and Mayor Demeyer voting nay. (3) COUNCIL MINUTES JANUARY 11, 1983 (h) RESOLUTION NO. 7318 - ENTERING INTO AGREEMENT WITH CROW RIVER REGIONAL LIBRARY FOR CALENDAR YEAR 1983 After discussion, a motion was made by Alderman Carls, seconded by Alderman Beatty and carried unanimously to waive reading and adopt Resolution No. 7318. (i) RESOLUTION NO. 7325 - RESOLUTION OF APPRECIATION FOR MILTON D. SCHANTZEN After discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously to waive reading and adopt Resolution No. 7325. (j) RESOLUTION NO. 7319 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK & TRUST CO. OF HUTCHINSON Following discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar and approved unanimously to waive reading and adopt Resolution No. 7319. (k) RESOLUTION NO. 7320 -RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON ms sipo-sores Aei"tj 0 r- 'tl-tl %k4 G �t t NSU�/ti. 04 11. 17-(15 4! OVYv`r� t S ✓, After discussion, a motion was made by Alderman Mlinar, seconded by Alderman Beatty and approved unanimously to waive reading and adopt Rdsolution No. 7320. (1) RESOLUTION NO.7321 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST NATIONAL BANK OF HUTCHINSON Following discussion, a motion was made by Alderman Beatty, seconded by Alderman Carls and carried unanimously to waive reading and adopt Resolution No. 7321. (m) RESOLUTION NO. 7322 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST NATIONAL BANK OF HUTCHINSON AS SPONSORING AGENCY OF THE HUTCHINSON UTILITIES COMMISSION After discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously to waive reading and adopt Resolution No. 7322. (n) RESOLUTION NO. 7323 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS AND LOAN ASSOCIATION OF HUTCHINSON, MN After discussion, a motion was made by Alderman Mlinar, seconded by Alderman Beatty and carried unanimously to waive reading and adopt Resolution No. 7323. (4) COUNCIL MINUTES JANUARY 11, 1983 (o) RESOLUTION NO. 7324 - RESOLUTION APPROVING, SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MN AS SPONSORING AGENCY FOR HUTCHINSON UTILITIES COMMISSION After discussion, a motion was made by Alderman Carls, seconded by Alderman Beatty and carried unanimously to waive reading and adopt Resolution No. 7324. (p) RESOLUTION NO. 7326 - RESOLUTION ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION After discussion, a motion was made by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously to waive reading and adopt Resolution No. 7326. (q) RESOLUTIONS OF APPRECIATION FOR JULIE HAAG AND MARGARET KNUTSON. Alderman Carls stated that Leader reporter Julie Haag and KDUZ reporter Margaret Knutson have devoted long hours covering the controversial City Council meetings of the past year. In view of their efforts, Alderman Carls made a motion introducing resolutions of appreciation to commend Julie Haag and Margaret Knutson for their work, Motion was seconded by Alderman Mlinar and carried unanimously to adopt Resolutions No. 7327 and 7328. 7. R.E P O R T'_S_ OF OFFICERS. BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - DECEMBER 1982 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF AIRPORT COMMISSION DATED DECEMBER 15, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF NURSING HOME BOARD DATED NOVEMBER 18, 1982 and NOVEMBER 19, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF LIBRARY BOARD DATED DECEMBER 14, 1982_. There being no discussion, the minutes were ordered by the Mayor to be received for filing. (5) COUNCIL MINUTES JANUARY 11, 1983 (e) MINUTES OF PARK AND RECREATION BOARD DATED NOVEMBER 16, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF TREE BOARD DATED NOVEMBER 16, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 8. UNFINISHED BUSINESS (a) RESPONSE TO QUESTIONS POSED TO CITY ATTORNEY -BY MAYOR DEMEYER AT COUNCIL MEETING OF DECEMBER 29, 1982 Attorney Schaefer stated that he has contacted the League of Cities concerning the Mayor's question on the statute governing assessable portion of actual improvement costs in the case of the parking bonds. He has received no response yet and will forward the response when it is received. Further, he will respond in writing when he receives answers from the League of Cities on other questions that have been asked. Attorney Schaefer stated it is important to understand the difference between an attorney's taking a position and being an advocate. He is bothered by the implication in the Mayor's questions that there may have been some wrongdoing by the City Attorneys. Mayor DeMeyer responded by reading a statement commenting on the news coverage of Council meetings. He stated that the City Attorney has not objected to a State procedural and compliance audit or to having all concerns fully investigated by outside legal counsel. He said the opinions of men and attorneys vary and should not be construed with their character. Attorney Schaefer responded that he hopes to take the statement to mean there are no questions about wrongdoing, conflicts of interest or unethical conduct. Mayor DeMeyer replied that he is not making any accusations against City Attorney Schaefer. City Attorney Schaefer then stated that it is acceptable for attorneys to disagree and that an incorrect or wrong opinion does not imply unethical or illegal action. (b) CONSIDERATION OF REQUEST FOR ADDITIONAL PARKING BY USE OF COURTESY PARKING TICKET (DEFERRED 12-29-82) Police Chief Dean O'Borsky stated that the proposal will be brought to the attention of the downtown business community. When they come (6) COUNCIL MINUTES JANUARY 11, 1983 up with a proposal, he will bring it to the attention of the Council. On a mmthn by Alderman Beatty, seconded by Alderman Mlinar, the matter of courtesy parking tickets was tabled until brought back to the attention of the City Council by Chief O'Borsky. Motion was carried unanimously. (c) (d) (ITEMS WITHDRAWN) (e) REPORTS BY KEN MERRILL AND MAYOR DEMEYER ON NEGOTIATIONS OF OPTION CONTRACTS FOR PARKING PROGRAM City Accountant Merrill reported bn his negotiations on the three options: 1. First State Federal would extend their option for 30 days. 2. Masonic Temple may still accept an offer under terms of the old option. 3. Bretzke Property - not interested in reduced price, but may still be receptive to terms of old option. (f) (g) (h) CONSIDERATION OF OFFER TO PURCHASE FIRST STATE FEDERAL, BRETZKE AND MASONIC TEMPLE PROPERTIES Alderman Beatty moved that the City Administrator and Mayor be authorized to sign necessary documents to purchase the First State Federal Property, Parcels A & B (Plowman Building) at $175,000. Motion was seconded by Alderman Mlinar. After considerable discussion concerning possible legal problems and the necessity to acquire all three properties for the parking program, Alderman Beatty amended his motion to include the purchase of the Bretzke Property,(Including Lots 2 & 3, Excepting South 20 ft. of West 55 ft.; North Half City, Block 49) at $103,800 and the Masonic Temple Property at $163,000. The amended motion was seconded by Alderman Mlinar. The motion was passed, with Aldermen Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. Mayor DeMeyer requested that the minutes should note he objects to the action. 9. NEW BUSINESS (a) CONSIDERATION OF PURCHASE OF STREET SWEEPER Maintenance Director Ralph Neumann reported that the street sweeper was due for replacement two years ago. Due to good care it has lasted this long, but xiow needs replacement. (7) COUNCIL MINUTES JANUARY 11, 1983 Alderman Beatty moved to approve purchase of a street sweeper and advertise for bids. Motion was seconded by Alderman Mlinar and carried unanimously. (b) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE FOR 1983 BY NATIONAL FOOD STORE Alderman Beatty moved to approve the application and issue license. Motion was seconded by Alderman Carls and carried unanimously. (c) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMITS: 1. Don Sitz 2. Florian Thode 3. Tom Dahl Alderman Mlinar made a motion to approve application and issue permits. Motion was seconded by Alderman Beatty and carried unanimously. (d) CONSIDERATION OF 1983 TRAVEL, SCHOOLS AND CONFERENCES The Council received and noted the requests of the various departments for the use of 1983 Travel, Schools and Conference funds. (e) CONSIDERATION OF 1983 LIQUOR STORE AND WATER/SEWER BUDGETS Liquor Store Manager Chuck Nelson stated that the liquor store budget requires an additional $2000 for repairs to the roof and carpet. The 1983 liquor store and water/sewer budgets were accepted on a motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF REQUEST TO PURCHASE BOULEVARD TREES City Forester Mark Schnobrich requested that $2000 unexpended funds from 1982 budget be used along with 1983 budgeted funds for the purchase of boulevard trees. Alderman Beatty moved and Alderman Mlinar seconded to approve the request to purchase boulevard trees. Motion was unanimously carried. (g) CONSIDERATION OF CHANGING OF MEETING PROCEDURE WITH CITY COUNCIL AND EMPLOYEES (8) COUNCIL MINUTES JANUARY 11, 1983 City Administrator Plotz reported that the contact between individual Council representatives a W the various departments might be improved if the Council member overseeing a particular department would meet separately with employees of the department on a scheduled basis, rather than having the whole Council sit in on department meetings. After discussion, Alderman Carls made a motion to approve this change in procedure. Motion was seconded by Alderman Beatty and carried unanimously. (h) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION The public hearing for Frank Fay's proposed grant application had previously been set for January 25. Due to legal requirements of the application process it has been necessary to change the date to an earlier one. After discussion, Alderman Beatty made a motion to set the public hearing for 7:00 p.m. on Monday, January 17. Motion was seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR LIQUOR LICENSE ISSUANCE City Administrator Plotz reported that Glenn J. Kiland has requested the issuance of an "On -Sale" Intoxicating Liquor License for Timothy O'Toole's Pub (formerly known as the Frontier House). A public hearing should be held prior to such issuance. Alderman Beatty made a motion to set public hearing for ' 8:00 p.m., Januaryr 25, 1983. Motion was seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF HOLDING COUNCIL WORKSHOP City Administrator Plotz reported that a Council workshop should be held for the purpose of discussing 1983 employee salary adjustments and reviewing parking assessment appeals. Alderman Beatty made a motion to hold the Council workshop on Monday, January 17, following the 7:00 p.m. public hearing. Motion was seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR (9) COUNCIL MINUTES JANUARY 11, 1983 City Administrator Plotz reviewed two upcoming meeting dates. January 26 will be a League of Cities legislative meeting; February 4 and 5 a meeting for newly elected officials. (b) COMMUNICATIONS FROM ALDERMEN BEATTY, MLINAR AND CARLS Alderman Beatty brought up the Mayor's allegations of conflict made at the last Council meeting and asked City Administrator Plotz how much money the City had spent to date on that project. The response that there have been no expenditures except of staff time. Alderman Mlinar stated that the City should be working with developers. After further discussion, Alderman Carls asked for a copy of the Mayor's statement regarding the City Attorney's concerns. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Alderman Carls made a motion to approve claims and authorize payment. Motion was seconded by Alderman Beatty. Motion carried with Alderman Carls, Beatty and Mlinar voting aye and Mayor DeMeyer abstaining. The Mayor stated that he feels the payment on bonds is a conflict of position for him. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:43 p.m. upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. (10)