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12-23-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 23, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikul ecky, and Mayor Paul L. Ackland. Al so present: City Administrator Gary D. Plotz and Acting City Attorney Ron Batty. 2. INVOCATION The invocation was given by Reverend Jon Lindekugel. 3. MINUTES The minutes of the regular meeting of December 9, 1986 and special meeting of December 16, 1986 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - NOVEMBER 1986 2. PLANNING COMMISSION MINUTES DATED NOVEMBER 18, 1986 3. PARKS & RECREATION BOARD MINUTES DATED NOVEMBER 5, 1986 4. TREE BOARD MINUTES DATED NOVEMBER 5, 1986 (b) 1987 CIGARETTE LICENSE APPLICATIONS (c) GAMBLING LICENSE APPLICATIONS: 1. AMERICAN LEGION POST 96 2. ELKS LODGE 3. HUTCH BOWL - LIONS CLUB 4. V.F.W. (d) BINGO LICENSE APPLICATION FOR ELKS LODGE (e) APPOINTMENT OF 1987 OFFICERS FOR FIRE DEPARTMENT The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to order the minutes and report filed, to issue licenses and to approve the appointments. 5. PUBLIC HEARING - 8:00 P.M. None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS None. C9 CITY COUNCIL MINUTES - DECEMBER 23, 1986 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8438 - RESOLUTION ESTABLISHING BUILDING FUND FOR SENIOR CITIZENS Following discussion, Alderman Torgerson moved to adopt Resolution No. 8438 as amended. Motion seconded by Alderman Carls and carried unani- mously. (b) RESOLUTION NO. 8435 - TRANSFERRING $30,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 8435. Motion unanimously car- ried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RECOMMENDATION FOR ANNUAL WAGE ADJUSTMENT (DEFERRED DECEMBER 9, 1986) Alderman Torgerson made the motion to defer. Motion seconded by Alder- man Mlinar and carried unanimously. (b) CONSIDERATION OF ORDERING REPORTS ON 1987 IMPROVEMENT PROJECTS The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to approve preparation of reports on 1987 improvement projects and to waive reading and adopt Resolution No. 8437. Motion unanimously car- ried. (c) CONSIDERATION OF CAR IMPOUNDING CONTRACT (DEFERRED NOVEMBER 25, 1986) Following discussion of the contract proposals, it was moved by Alder- man Mlinar to defer until the next meeting and resolve the semi -truck issue and size of enclosure. Motion seconded by Alderman Mikulecky and carried unanimously. (d) CONSIDERATION OF AWARDING CONTRACT FOR PROJECT NO. 86-14, LETTING #14 City Engineer Priebe reported the bid of $5,727.50 submitted by Juul Contracting Company had been reduced by $1,200 for city work, for a net bid of $4,527.50. Alderman Torgerson moved to approve the contract for project No. 86-14 and to waive reading and adopt Resolution No. 8436. Motion seconded by Alderman Carls and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS F CITY COUNCIL MINUTES - DECEMBER 23, 1986 The motion was made by Alderman Carls, seconded by Alderman Mlinar, to authorize discontinuation of service on Tuesday, December 30, 1986 at noon unless other arrangements had been made. Motion unanimously car- ried. (b) CONSIDERATION OF ADVERTISING FOR SUPPLIER OF MOTOR FUELS WITH PRESENTATION BY MCLEOD COUNTY CORN GROWERS ASSOCIATION Mr. John Ball, representative of the McLeod County Corn Growers Associ- ation, made a presentation on the use of ethanol gas in vehicles. Fol- lowing discussion, Alderman Mlinar moved to accept the proposal of Ralph Neumann to advertise for motor fuels and to use the wastewater treatment plant vehicles for a one year trial period for ethanol. Mo- tion seconded by Alderman Torgerson and carried unanimously. (c) CONSIDERATION OF ALTERNATIVES IN ENDING TAX INCREMENT COLLECTIONS FOR TAX INCREMENT AREA IV OF DISTRICT IV AND DISCUSSION OF STATUS OF TAX INCREMENT FUND BY ATTORNEY JERRY GILLIGAN AND CONSULTANT BILL FAHEY Finance Director Kenneth Merrill presented a report on the tax incre- ment district. Bond Consultant Bill Fahey and Attorney Jerry Gilligan addressed whether or not the City could delete Tax Increment Area IV and the procedure to be followed. It was stated the City could adopt a resolution to return the 1987 Area IV collected tax increments to the County and other jurisdictions. Following discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 8439. Motion seconded by Alderman Mikulecky and unanimously carried. RECESS: The City Council adjourned at 9:10 P.M. for a recess. (d) CONSIDERATION OF VARIANCE REQUESTED BY TIMOTHY HALVERSON WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Carls to uphold the Planning Commission's recommendation to deny the variance. Motion sec- onded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF PRELIMINARY PLAT OF BREEZY MEADOW SUBMITTED BY DON AND HAZEL SITZ (WITHIN TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Carls moved to refer the preliminary plat to the County with no objection. Motion seconded by Alderman Torgerson and unanimously carried. (f) CONSIDERATION OF MERIT RECOMMENDATIONS FOR NOVEMBER AND DECEMBER Following discussion, Alderman Mikulecky moved to approve the merit re- quests, with the following alternatives: the Building Department recom- 3 CITY COUNCIL MINUTES - DECEMBER 23, 1986 mendation be reduced to two percent and the second name in the Police Department be omitted. Motion seconded by Alderman Torgerson and car- ried unanimously. (g) CONSIDERATION OF AIRPORT MAINTENANCE CONTRACT FOR H -MARKER WITH STATE AERONAUTICS DIVISION After discussion, the motion was made by Alderman Carls, seconded by Alderman Torgerson, to approve and enter into the contract. Motion unanimously carried. (h) CONSIDERATION OF PURCHASE OF NURSE -CALL SYSTEM FOR HUTCHINSON COMMUNITY HOSPITAL Alderman Carls moved to approve the purchase of the nurse call system. Motion seconded by Alderman Mlinar and carried unanimously. (i) CONSIDERATION OF PURCHASE OF ADDRESS -O -GRAPH CARD WRITER FOR HUTCHINSON COMMUNITY HOSPITAL The motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve the purchase of a card writer. Motion unanimously carried. (j) CONSIDERATION OF PROPOSED EDUCATIONAL POLICY Following discussion, Alderman Carls moved to defer action. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the sewage treatment plant ease- ments and stated two easements were ready to act on. Following discus- sion, Alderman Torgerson moved for Acting City Attorney Batty to pro- ceed with acquisition of the two easements. Motion seconded by Alder- man Carls and unanimously carried. Attorney Batty reported on the status of the other easements and com- mented condemnation papers had been prepared for one property that was not available due to lack of cooperation by the owner. He stated his fee was $80 per hour for municipal work. Alderman Torgerson moved to continue with the present legal counsel in regards to condemnation proceedings. Motion seconded by Alderman Carls. Alderman Torgerson moved to amend the motion to include all easement negotiations in the motion. Amended motion seconded by Alderman Carls and unanimously carried. Main motion carried unanimously. Administrator Plotz alluded to a special City Council meeting for Jan- uary 2, 1987 for the purpose of appointing a city attorney and 1987 officers' appointments. Alderman Mlinar moved to set a special meeting 4 CITY COUNCIL MINUTES - DECEMBER 23, 1986 for 5:15 P.M. on January 2, 1987 for the purpose of appointments and selecting legal counsel. Motion seconded by Alderman Carls and carried unanimously. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls stated he had received a request for a sidewalk on the south and east side of Highway 15 South, adjacent to Oakland, due to the amount of bike traffic and joggers in the area. It was suggested that perhaps MN/DOT would consider installing its proposed sidewalk on that side of the street. The motion was made by Alderman Carls to di- rect the City Administrator to contact the State for a letter of in- quiry regarding the sidewalk. Motion seconded by Alderman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar raised a question regarding the notice for a special City Council meeting. He also asked if it was considered a special Council meeting when a quorum was present at the Police Commission meeting. The legal counsel was asked to give an opinion regarding the open meeting law and City Council meetings with other groups. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated James Schaefer had submitted a letter of resigna- tion from his position of City Attorney. Alderman Carls moved to ap- prove the resignation of James Schaefer as City Attorney. Motion sec- onded by Alderman Mikulecky and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Carls, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:50 P.M. 5