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cp04-01-1987 c4 0 AGENDA SPECIAL MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, APRIL 1, 1987 1. Call to Order - 6:00 P.M. at Victorian Inn 2. Consideration of Adopting Resolution No. 8475 - Resolution Of Appreciation to Larry Huhn w Action - Motion to reject - Motion to waive reading and adopt 3. Consideration of Request for Use Of Library Square for Arbor Day And Spring Clean -Up On April 25, 1987 Action - Motion to reject - Motion to approve request 4. Consideration of Project No. 87 -20 - Excavation of Topsoil And Overburden On Boldt Property Outside of New Wastewater Treatment Plant Construction Area • Action - Motion to reject - Motion to authorize and approve sale of gravel 5. Consideration of MN /DOT Agency Agreement and Resolution No. 8476 Action - Motion to reject - Motion to approve agreement and adopt Resolution 6. Presentation By Construction Analysis And Management Incorporated On Police Station Bids Received March 18, 1987 Action - 7. Consideration of Merit Adjustment for Director of Engineering Action - Motion to reject - Motion to approve 8. Consideration of Appointment of New City Engineer Action - 9. Adjournment a �J • r -� --ZiA 1 RESOLUTION NO. 8475 WHEREAS, Lanny Huhn has zen.ved the City west as an Eng.ineeAing Technician bon.the past seven (7) yeau and boun (4) months; WHEREAS, Lanny Huhn has served ba.ithbuUy and diUgentty giving ob his time and tatents .toward the betttenmennt ob the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, deep appreciation is hereby expressed to La4Ay Huhn bon. his aboaementi.oned say.ices, and the gratitude ob Hutchinson and its citizens is hereby conveyed. Adopted by the City Councit this 1s-t day ob Apx,if, 1987. Gary D. Peo.tz City Ctetk 1 — L'�17_'� /10 7 r C' h �P Ft i+! h O L, d as�Ce mv�r/ • _ - -- oc CITIZENS BA &-., TRUST CO. March _'b, 1481 Hutchinson City Council City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: Arbor Day and Clean -Up Dear Sirs: The Hutchinson Optimist Club has agreed to take over the Spring Clean -Up which, as you remember, was a Chamber of Commerce event • in the past. In conjunction with this clean -up which is scheduled for the 25th of April, we will be having a brief program in Library Square. • We would like to reserve Library Square on this date from 9:00 a.m. until noon. Please act upon this request at your earliest convenience. If you have any further questions, please do not hesitate to contact me at 587 -2233. JCK /jml i_ 1Z nt urs trulyf oel C. Kraft u chinson Optimist Chairperson OFFICES: 102 MAIN ST. SO: • HIGHWAY 15 SO. • HUTCHINSON, MINNESOTA 55350 • PHONE. 612:587 -2233 r� r 'ki r y 0 DATE: March 30, 1987 TO: Gary D. Plotz, City Administrator FROM: Director of Engineering RE: Project No. 87 -20 This project is for the excavation of topsoil and overburden, together with excavation and stockpiling of granular material. The excavation is to take place on the Boldt property outside of the New Wastewater Treatment Plant Construction Area. At this time, it is anticipated that the sub - contractor for the New Treatment • Plant will purchase some or all of the overburden and some of the granular material for fill. The average purchase price for this type of inplace material, is $0.50 per cubic yard. It would be the purchasers responsibility to remove the material and dewater the site. Enclosed is the form the Contractor proposed to submit for purchase. MVP /pv enc. cc: Cal Rice 2�Y-4� Marlow V. Priebe Director of Engineering HIQwARTlRI V A T E G0 AIDING RAVFL DOZING DITCHING 1� ""'('EWpRK C'RTHAULING k TVRCSC. SITE WORK AILCc NsERVAr,oN WORK MATHIOWETZ CONST. CO. ROAOCONTRACTORS— LOCATEDATLEAVENWOPTH.MN OFFICE OF LEAVENWORTH SILAGE CO BRIAN MATHIOWETZ, Vice President APEACODE za ROUTE: SC x M, SLEEPY EVE. MN SdOflS PHONE No 1v1 7tz cons "Clion coo CONTRACTING G DITCHING SLEEPY EYE, Ai NN. 56oas AGREEMEN` r.EP TAK.IN A':^ PI'RniASIN' EARTH :':ATE?: •:; THIS AGREEMENT, made this day o: by and between of of County, party of the First part, Telephone No. to • TR4pMenR: S6epr ETR 13071 796.6170 and Mathiowetz Construction Co., Sleepy Eye, Minnesota, a corporation, party of the Second part, WITNESSETH that, WHEREAS, First party is the owner of the following described real estate in County, Minnesota, to -wit: In Section Township Range IT IS AGREED AS FOLLOWS: • 1. Second party is hereby granted the privilege of going upon said real estate for the purpose of removing and materials therefrom, if found thereon and suitable for use. 2. In the event materials are removed from said premises, second party agrees to pay first party for said materials at the following rate and according to engineer's figures. At the rate of ¢ per yard of for project. At the rate of ¢ per acre of for project. 3. Stripping of topsoil or overburden from area is to be spread as first party directs. 4. Access road to project concerned is included in price. 5. Number or name of project concerned IN WITNESS WHEREOF, We have hereunto subscribed our names this day of 19 Witness for First Party Witness for Second Party Agreement in effect from to First Party • Second Party r t Ask p March 18, 1987 tIEbIOR A NDU'l TO: MAYOR AND CITY COUNCIL FROM: HAZEL SITZ, PERSONNEL COORDINATOR IE= RE: MERIT REQUESTS FOR FIRST QUARTER OF 1987 Department heads have made reconriendations for merit adjustments for the first three months of 1987, as listed below. ADMINISTRATI(Xi by Gary Plotz Marlow irector of En ineering 2$ (see memo) Geome Field, Fire Marshal MARLOW PRIEBE • Marlow has not received a n rit increase in many years. Marlow has been very cooperative with me since our last performance review, and especially the last six mcnths. Therefore, I can see a 28 merit. It would not be a significant amount of money; however, this cooperation plus future offer of being available and helpful in upccming months causes me to conclude it is a "reasonable" reconrandation of mine. 7 • 11 (612) 587 -5151 37 WASHINGTON AVENUE WEST HUTC 55350 SPECIAL MEETING MARCH 27, 1987 COUNCIL AGENDA ( "1. Consideration of Resolution No. 8473 - Resolution of agreement with Chief of Police. 2. Consideration of Resolution No. 2*7-9 - Release of all claims 3. Consideration of special legislation removing Chief of Police of Hutchinson from Civil Service Rules and Regulations. Resolution No. 847)5* 4. Consideration of repealing promotion of Nancy Buss to office supervisor 5. Consideration of requesting Civil Service Commission to advertise and interview for position of office supervisor 6. Consideration of appointment of acting chief - Mayor's recommendation 7. Miscellaneous • RESOLUTION NO. 8474 The City of Hutchinson respectfully requests that appropriate legislation be introduced in the Minnesota Legislature during the current session permitting the City to remove the position of Chief of Police from the jurisdiction of the Hutchinson Police Civil Service Commission. Attest: Asst. City Clerk Mayor 0 RESOLUTION NO. 8473 RESOLUTION RELATING TO CERTAIN PROCEEDINGS INVOLVING THE CHIEF OF POLICE; AUTHORIZING SETTLEMENT OF CLAIMS. BE IT RESOLVED By the City Council of the City of Hutchin- son, Minnesota, as follows: Section 1. Findings. 1.01. The City of Hutchinson, through its City Council, prepared and served a Notice of Charges with the Hutchinson Police Civil Service Commission on January 2, 1987, alleging various problems and deficiencies in performance against Dean O'Borsky which matter has been set for hearing on April 20, 1987. 1.02. Dean O'Borsky, through his attorney, Dan Prochnow, in a press conference, alleged various causes of action against the City of Hutchinson, its Mayor and Councilmembers, City Adminis- trator, and various unknown others on February 24, 1987. 1.03. Dean O'Borsky denies the allegations raised by the Notice of Charges referenced above. 1.04. The City of Hutchinson, its Mayor and Councilmembers, City Administrator, and various unknown others deny the allega- tions made by Dean O'Borsky through his attorney, Dan Prochnow. 1.05. The City Council has reviewed and considered all the facts surrounding the dispute between the City and Dean O'Borsky. and finds and determines that it is in the best interests of the orderly administration of City government that the differences between O'Borsky and the City be settled amicably without further confrontation or litigation. Sec. 2. Settlement: Authorization. 2.01. Special counsel to the City has prepared and submit- ted to the Council the form of an agreement (Agreement) now on file with the City Administrator setting out the terms and conditions of settlement of the dispute between O'Borsky and the City. 2.02. Counsel for O'Borsky has advised this Council that the terms and conditions of the Agreement are acceptable to O'Borsky. • 2.03. The City Council has reviewed the terms and condi- tions of the Agreement and finds those terms acceptable. 2.04. The form of the Agreement is approved. The mayor and the City Administrator are authorized and directed to execute and deliver the Agreement on behalf of the City. Attest: Asst. City Clerk H1:2811REO1.F16 Mayor CITY OF HUTCHINSON PRESS RELEASE The City of Hutchinson, its Mayor, Council and Administrator in their official capacities and as individuals, have entered into an agreement with Dean O'Borsk: to provide for his resignation from employment with the C 4 -v effective 'larch 27, 1987, in exchange for $55,400, which amount approximates Dean O'BOrskv's salary and benefits for a one year period. In addition, Mr. O'Borskv will receive the sum of $7649.39 less applicable deductions, which amount reflects accrued unused vacation and cash out, per city policy, of accumulated sick leave. The City agreed to drop charges and release all alleged claims of any nature against Dean O'Borsky. Dean O'Borsky released all alleged claims of any nature against the City and individuals. The parties have agreed to maintain the confidentiality of the terms of the Agreement, except as required by law. The parties and their attorneys have agreed to refuse to discuss the underlying dispute, except as required by law. • The parties all wish to put the matter behind them. They believe that this settlement will benefit the City and Dean O'Borsky by not prolonging the disputes through a public hearing and any subsequent litigation. Resolving the disputes in this manner will be significantly less costly for the City in the long run. The City has incurred attorney's fees and would continue to be responsible for the fees of special counsel Nolan, as well as the fees for counsel for the Police Civil Service Commission and the fees for the Hearing Examiner hired to conduct the hearing. In addition, substantial costs would be incurred by the City, for itself, officials and employees to defend any subsequent litigation, regardless of the outcome. Further costs include City employee and official's time and energies in preparation for and presentation at the hearing and in any litigation. The Police Department morale, productivity and efficiency have been affected and could be expected to continue to be affected throughout the process. • The focus needs to be brought back to providing effective service to the citizens of Hutchinson.