Loading...
03-25-1986 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 25, 1986 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The fol low- ing were present: Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat M i ku 1 ecky and Mayor Paul L. Ackland. Absent: Alderman Mike Car 1 s. Also present: Director of Engineering Marlow V. Priebe, City Attorney James Schaefer, and Finance Director Kenneth B. Merrill. 2. INVOCATION The invocation was given by the Reverend Gerrit Molenaar. 3. MINUTES The minutes of the regular meeting of March 11, 1986 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - FEBRUARY 1986 2. PLANNING COMMISSION MINUTES DATED FEBRUARY 18, 1986 3. NURSING HOME BOARD MINUTES DATED FEBRUARY 20, 1986 4. HOSPITAL BOARD MINUTES DATED FEBRUARY 18, 1986 5. LIBRARY BOARD MINUTES DATED MARCH 20, 1986 (b) CONSIDERATION OF APPOINTMENT TO PLANNING COMMISSION (c) CONSIDERATION OF APPLICATION TO SELL CIGARETTES AT RETAIL BY CASH WISE FOODS Alderman Torgerson moved to order the report and minutes filed, to ratify the appointment of Spencer Beytien, and to approve and issue a cigarette license. Motion seconded by Alderman Mlinar and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF INTOXICATING LIQUOR LICENSE FOR TOM DOLDER AND GARY MILLER, OWNERS OF T. L. SCALAWAGS AND HUTCH BOWL AND SPORTS COMPLEX, INC. Mayor Ackland called the hearing to order at 8:00 P.M. No one was present, and Alderman Mlinar moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Torgerson and carried unanimously. 1 CITY COUNCIL MINUTES - MARCH 25, 1986 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and issue the intoxicating liquor license. Motion carried unanimously. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT BY CITY ATTORNEY ON ROBERT MCGEE LAWSUIT (DEFERRED MARCH 11, 1986) City Attorney Schaefer reported he had drafted an answer to the McGee lawsuit, naming Junker Sanitation as third party defendent. The case was scheduled for trial on March 27, 1986, but a new date will be set. (b) REPORT BY CITY ATTORNEY ON STATUS OF BENJAMIN-NEMITZ AND CITY OF HUTCHINSON PARKING LOT DISPUTE (DEFERRED MARCH 11, 1986) Attorney Schaefer stated the Benjamins had executed a lease agreement with the City of Hutchinson for a 10 -year period beginning January 1, 1986, with options, which was ready for signature by the Mayor and City Administrator. Following discussion, Alderman Torgerson moved to approve the lease and authorize the signatures. Motion seconded by Alderman Mlinar and car- ried unanimously. (c) CONSIDERATION OF REQUEST BY KURT KNUTSON FOR REDUCTION OF 1985 LAND RENT (DEFERRED MARCH 11, 1986) During discussion Alderman Mikulecky reported the Airport Commission's recommendation was to reject any reduction in land rent inasmuch as the City was not accountable for a wet season. The City Attorney stated the City had not been negligent in maintaining the ditch properly. The motion was made by Alderman Mikulecky, seconded by Alderman Tor- gerson, for no reduction in land rent be granted. Motion unanimously carried. (d) CONSIDERATION OF REQUEST FOR POLICE OFFICERS TO ATTEND DWI SEMINAR APRIL 23-25, 1986 The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve the request. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR POLICE OFFICERS TO ATTEND CHILD ABUSE COURSE MAY 13-15, 1986 Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mikulecky and unanimously carried. (f) CONSIDERATION OF REQUEST BY DIRECTOR OF ENGINEERING TO ATTEND MINNESOTA PLANNING CONFERENCE APRIL 25-26, 1986 2 CITY COUNCIL MINUTES - MARCH 25, 1986 The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the request. Motion carried unanimously. (g) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE FOR SUMMER BAND CONCERTS WITH PARK BOARD RECOMMENDATION Alderman Torgerson moved to approve the request. Motion seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF REQUEST BY CHAMBER OF COMMERCE TO USE LIBRARY SQUARE ON MAY 10, 1986 FOR NINTH ANNUAL COMMUNITY CLEAN UP It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the request. Motion carried unanimously. (i) DISCUSSION OF JOINT ZONING BOARD IN ORDERLY ANNEXATION AREA WITH RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe reported there was no planning in the orderly an- nexation area, and a joint zoning board consisting of township, city and county members would give direction for present and future use of the land. It was the recommendation of the Planning Commission to ap- point said board. The townships had shown a positive reaction to same. The motion was made by Alderman Torgerson to accept the recommendation of the Planning Commission that a joint zoning board be established to consider rezoning applications in the orderly annexation area. Motion seconded by Alderman Mlinar and unanimously carried. (j) DISCUSSION ON PROPOSED CEMETERY ORDINANCE Director Ralph Neumann reported the adopted ordinance would be prepared in booklet form, with a map of the cemetery, and distributed to the ap- propriate individuals. At present there is no cemetery board or asso- ciation to enforce the cemetery rules and regulations. Following discussion, Alderman Torgerson moved to waive the first read- ing of Ordinance No. 9/86 and to set the second reading for April 8, 1986. Motion seconded by Alderman Mikulecky and carried unanimously. (k) CONSIDERATION OF REQUEST BY MAINTENANCE OPERATIONS DIRECTOR TO ATTEND AIRPORT CONFERENCE APRIL 9-11, 1986 It was moved by Alderman Mikulecky, seconded by Alderman Mlinar, to approve the request. Motion unanimously carried. (1) PRESENTATION BY TOM HELGESON OF DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT REGARDING COMMUNITY ENERGY COUNCIL Mr. Tom Helgeson presented background information regarding the office of Energy and Economic Development and its program for promoting energy 3 CITY COUNCIL MINUTES - MARCH 25, 1986 conservation in Hutchinson. It was his recommendation that the city form a Community Energy Council. Following discussion, the motion was made by Alderman Mlinar to estab- lish a Community Energy Council and to waive reading and adopt Resolu- tion No. 8249. Motion seconded by Alderman Torgerson and unanimously carried. (m) CONSIDERATION OF REQUEST TO GIVE SPECIAL RECOGNITION TO RETIRING FIREFIGHTERS After discussion, Alderman Mlinar moved to give special recognition to the retiring firemen, namely: Clinton Gruett, Daryl Lade, Conrad Hel- gemo, and Loren Rannow. Motion seconded by Alderman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8247 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8247. Motion carried unani- mously. (b) RESOLUTION NO. 8248 - A RESOLUTION AUTHORIZING REPAYMENT OF INTER -FUND LOAN Alderman Torgerson moved to waive reading and adopt Resolution No. 8248. Motion seconded by Alderman Mlinar and carried unanimously. (c) RESOLUTION NO. 8219 - RESOLUTION FOR TRANSFER OF MUNICIPAL STATE AID (MSA) FUND S.P. 4308-21 (T.H. 22) After discussion, it was moved by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt the new format for Resolution No. 8219. Motion unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF RESOLUTION REQUESTING ADOPTION OF SPECIAL LEGISLATION FOR TRANSFERRING FIRE FACILITY BOND PROCEEDS AND ACCRUED INTEREST EARNINGS TO A POLICE FACILITY CONSTRUCTION ACCOUNT, AND CONTINGENT AUTHORIZATION TO IMPLEMENT SAID TRANSFER (REQUESTED BY MAYOR ACKLAND AND ALDERMAN TORGERSON) (DEFERRED MARCH 11, 1986) Following discussion, Alderman Torgerson moved to set a special elec- tion for May 20, 1986 and order preparation of a resolution calling the question. Motion seconded by Alderman Mikulecky and unanimously car- ried. 4 CITY COUNCIL MINUTES - MARCH 25, 1986 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson to authorize discontinuation of service unless other arrangements had been made. Motion seconded by Alderman Mikulecky and carried unanimously. (b) CONSIDERATION OF ESTABLISHING A PUBLIC HEARING ON APRIL 8, 1986 TO AMEND FRANCHISE AGREEMENT BETWEEN CITY OF HUTCHINSON AND NORTH AMERICAN COMMUNICATIONS CORPORATION After discussion, Alderman Mlinar moved to approve and set a public hearing April 8, 1986 at 8:00 P.M. Motion seconded by Alderman Torger- son and unanimously carried. (c) CONSIDERATION OF PURCHASE OF SAI COMPUTER SYSTEM FOR HUTCHINSON COMMUNITY HOSPITAL Administrator Philip Graves and Computer Analyst Frank Sievert explain- ed the SAI computer system proposed for purchase at a cost of $164,569 plus a $10,000 special installation fee to McGladrey Hendrickson and Pullen, for a total cost not to exceed $174,569. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the purchase. Motion unanimously carried. (d) CONSIDERATION OF UPDATING WATER NEEDS REPORT BY RCM Director of Engineering Marlow Priebe reported on the need to have RCM update the water needs report. Following discussion, it was moved by Alderman Torgerson to approve the RCM proposal. Motion seconded by Mayor Ackland. Alderman Torgerson and Mayor Ackland voted aye, and Aldermen M1inar and Mikulecky voted nay. Motion failed. The motion was made by Alderman Mlinar to contact Donohue and obtain a proposal from their firm on the same identical report. Motion seconded by Alderman Mikulecky. Motion passed. (e) CONSIDERATION OF AWARDING BID FOR LIBRARY STORM WINDOWS After discussion, Alderman Mlinar moved to approve and award the bid to E.J. Pinske Builders for $860. Alderman Torgerson seconded the motion and unanimously carried. (f) DISCUSSION ON NOTICE OF VIOLATION FROM MPCA It was reported that City staff was preparing a response to the MPCA notice of violation regarding the wastewater treatment facilities. 5 CITY COUNCIL MINUTES - MARCH 25, 1986 (g) CONSIDERATION OF APPLICATIONS FOR INTOXICATING LIQUOR LICENSES: 1. THE GOLD COIN 2. D.J. MAC'S 3. THE VELVET COACH INN 4. THE VICTORIAN INN 5. O'TOOLE'S PUB The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son, to approve the applications and issue liquor licenses. Motion carried unanimously. (h) CONSIDERATION OF APPLICATION FOR NON -INTOXICATING OFF -SALE LIQUOR LICENSE BY COBORN'S INC./CASH WISE FOODS Alderman Mlinar moved to approve the application and issue the license. Motion seconded by Alderman Mikulecky and unanimously carried. (i) CONSIDERATION OF 1986 MERIT FOR DIRECTOR OF ENGINEERING Following discussion, Alderman Torgerson moved to defer action. Mo- tion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FINANCE DIRECTOR Finance Director Kenneth B. Merrill commented on a March 24, 1986 letter from the Minnesota Department of Revenue regarding local govern- ment assistance programs. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson reported that the property owner of lots 2 and 3, block 9, south half City, was willing to sell this property to the city. Following discussion, Alderman Torgerson moved to authorize the City Administrator to proceed with negotiations and to obtain two or three realtors' appraisals on what the property was worth. Alderman Mlinar seconded the motion and unanimously carried. It was suggested that another parking space could be available in front of the old fire hall which was marked yellow for fire trucks to exit. A complaint was received from a businessman that city vehicles park in front of his business for long periods of time and take up customer parking spaces. It was suggested that city vehicles park in designated parking areas. [.1 CITY COUNCIL MINUTES - MARCH 25, 1986 (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky requested an explanation of the letter in the Coun- cil packet regarding property purchased for park land. City Attorney Schaefer stated he had written the former property owner and explained that the LAWCON funding was for the purchase of park land; however, the acquisition did not mean the park would be developed immediately. The City will proceed with development when funds become available. Reference was made to the letter from the League of Minnesota Cities concerning support for retention of general revenue sharing. Alder- man Mikulecky moved to adopt Resolution No. 8250 in support of keeping the general revenue sharing funds and send a copy to Congressman Vin Weber. Motion seconded by Alderman Mlinar and unanimously carried. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING City Engineer Marlow Priebe gave an update report on the request from Alderman Carls regarding Highway 7 West. MN/DOT proposes to hold a July 1986 letting on the project. In response to Alderman Mlinar's concern of a drainage problem on Kay Street, it was reported there was an on-site water problem on Larson Street; however, it was not as serious as last year. The City Engineer reported he had checked the water back-up problem at 934 Merrill which Alderman Torgerson had mentioned, and the plugged drain had been cleared. Engineer Priebe distributed a letter from Supt. Glenn Matejka regarding water and sewer service to the new elementary school site. He then re- viewed the Engineering Department's proposed schedule. It was Engineer Priebe's recommendation that liquidated damages be set at $5,000 per day and that early completion award be $1,000 per day. Maps will be prepared and presented to the Council. Mayor Ackland inquired if the Vineyard Methodist Church would like water and sewer services since it would be available to them. The City Engineer stated he would contact the church. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:20 P.M. N