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10-23-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 23, 1990 1. The meeting was called to order at 7:35 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Craig Lenz, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Don Kinzer. 3. MINUTES The minutes of the regular meeting of October 9, 1990 and bid opening of October 16, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - SEPTEMBER 1990 2. PLANNING COMMISSION MINUTES OF SEPTEMBER 18, 1990 3. NURSING HOME BOARD MINUTES OF SEPTEMBER 14, 1990 AND OCTOBER 4, 1990 4. TREE BOARD MINUTES OF SEPTEMBER 26, 1990 (b) SNOW REMOVAL PERMITS: 1. GENE C. BETKER 3. DICK EWERT 2. RHONDA CROTTEAU 4. JOHN PRIEVE (c) REDUCED TRASH AND REFUSE RATE (d) GAMBLING LICENSE FOR HUTCHINSON JAYCEES AT UNDERGROUND BAR & GRILL (e) APPOINTMENTS: 1. LIBRARY BOARD - ROY THOMPSON 2. CABLE TV ADVISORY COMMITTEE - MARK GUGGEMOS The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to order re- port and minutes filed, issue permits, approve reduction 1 L CITY COUNCIL MINUTES - OCTOBER 23, 1990 of rate, ratify appointments and defer item (d) until a later date. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REPORT BY BOND CONSULTANT BILL FAHEY REGARDING REFINANCING OF CITY DEBT TO REDUCE TAX LEVIES Bond Consultant Bill Fahey reported the interest rates are high at this time. Therefore, it was his recommenda- tion to wait until spring to refinance the existing city debt. No action was taken. (b) REVIEW OF WATER AND SEWER RATES FOR COUNTRY CLUB TERRACE BY MANAGER BILL BLOCK Manager Bill Block discussed the method used by the city to charge the sewer fee and the present billing system. He stated there was a water leakage problem at the mobile home park which was causing the water bill to be high. Mr. Block suggested the park be allowed a 10 percent loss for sewage use going through the water meter and that in- dividual water meters be placed on each home in the park. Attorney Anderson stated that inasmuch as the land is owned by Block and the mobile homes are individually owned, there should be a guarantee payment of bills to the city, and if not paid, the city would have the right to file a lien against the premises as it does with other utility bills. Director Randy DeVries stated he was opposed to the city reading 175 plus water meters when there is no meter that is presently accurate. There would also be problems of meters going off of trailers moving out of the park. He suggested the park put in its own meters, maintain them and read them. Also, it was his recommendation that the sewer charge be figured on the winter quarter to conform with the rest of the city billing system. Director DeVries offered to check the park's water lines and find the leak, which would reduce the cost for loss. The re- pair cost would be Block's expense. 2 14 CITY COUNCIL MINUTES - OCTOBER 23, 1990 Following discussion, Alderman Torgerson moved to allow the installation of individual water meters to be read by the park's own staff and the bill to be from the master meter and total off of his meters will be billed for sewage charge. Motion seconded by Alderman Mlinar and unanimously carried. Attorney Anderson recommended drafting an agreement be- tween the City and Hutch, Inc. to put into record form that the mobile home park would be billed for the actual reading of each quarter. The sum of the individual meters would be used to determine the winter quarter sewer charge. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to bill Country Club Terrace for the actual water reading of each quarter. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9344 - RESOLUTION RELEASING PLEDGED SECURITIES TO MARQUETTE BANK OF HUTCHINSON, MN The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive read- ing and adopt. (b) RESOLUTION NO. 9345 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON, MN The motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously carried, to waive read- ing and adopt. (c) RESOLUTION NO. 9350 - RESOLUTION TRANSFERRING $50,000 FROM LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Lenz, seconded by Alder- man Mlinar and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9351 - RESOLUTION FOR PURCHASE The motion was made by Alderman Lenz, seconded by Alder- man Torgerson and unanimously carried, to waive reading 3 0 CITY COUNCIL MINUTES - OCTOBER 23, 1990 and adopt. (e) RESOLUTION NO. 9352 - RESOLUTION REDESIGNATING DALE STREET AND SECOND AVENUE SOUTHWEST The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to authorize discontinuation of service unless other arrangements have been made. (b) CONSIDERATION OF EXTENDING HOSPITAL BOND ISSUE SALE DATE FROM OCTOBER 23, 1990 TO NOVEMBER 13, 1990 Following discussion, Alderman Lenz moved to defer the bond sale to March to coincide with other hospital bonds sale. Motion seconded by Alderman Torgerson and unani- mously carried. (c) CONSIDERATION OF RECOMMENDATION OF CITY ADMINISTRATOR AND UTILITY MANAGER TO ADOPT SECTION 125 PLAN, EFFECTIVE JANUARY 1, 1991 Administrator Plotz reported on the Section 125 Plan. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the 125 Plan. (d) CONSIDERATION OF AWARDING CONTRACT FOR BUS It was reported that the low bidder did not meet all the specifications. Therefore, the recommendation was to award the bid to the next lowest bidder. Following discussion, Alderman Torgerson moved to enter 4 CITY COUNCIL MINUTES - OCTOBER 23, 1990 into contract with Minnesota Body & Equipment Co. in the amount of $35,474, next lowest bidder for the reasons specified. Motion seconded by Alderman Mlinar and unani- mously carried. (e) CONSIDERATION OF ADOPTION OF 1988 MN UNIFORM FIRE CODE AND STATE ADOPTED AMENDMENTS BY REFERENCE Following discussion of whether or not the City had to formally adopt the Uniform Fire Code, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to defer to next meeting. (f) CONSIDERATION OF AWARDING BID FOR LANDSCAPING/ IRRIGATION WORK AT HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and enter into contract with Midland Nursery, Inc. in the amount of $73,297. (g) CONSIDERATION OF REJECTING BIDS FOR WALL CONSTRUCTION WORK AT HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve the rejection of all bids for wall construction work and obtain new bids based upon addi- tional information provided. (h) CONSIDERATION OF SOLICITING REQUEST FOR PROPOSALS FOR PHASE II SHOPKO PROJECT HCDC Executive Director John Bernhagen reported on the Phase II of Shopko for proposals from a developer/owner for a downtown development project. The proposals would be due at City Hall on January 8, 1991. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve solicitation for proposals. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE, CAR WASH, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 5 CITY COUNCIL MINUTES - OCTOBER 23, 1990 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve permit and waive reading and adopt Resolution No. 9346. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ARTHUR BENJAMIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve permit and waive reading and adopt Res- olution No. 9347. (k) CONSIDERATION OF VARIANCE REQUESTED BY ARTHUR BENJAMIN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve variance and waive reading and adopt Resolution No. 9348. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCH CO-OP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Erickson and unanimously car- ried, to approve permit and waive reading and adopt Reso- lution No. 9349. (m) CONSIDERATION OF LOT SPLIT REQUESTED BY WARD HAUGEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the lot split. Alderman Torgerson amended the motion to include the contingencies regarding the plat agreement. Amended motion seconded by Alderman Lenz and unanimously carried. (n) CONSIDERATION OF LOT SPLIT REQUESTED BY GALEN HOUK (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman C CITY COUNCIL MINUTES - OCTOBER 23, 1990 Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the lot split. (o) CONSIDERATION OF MUTUAL AID AGREEMENTS WITH MEEKER COUNTY FOR FIRE PROTECTION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve and enter into contract. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented that the Hutchinson Jaycees was requesting the City to amend the gambling ordinance to allow a license at more than one location. Mr. Plotz reported that Short -Elliott -Hendrickson had sent a letter stating it was their opinion that remodel- ing the second and third floor of the Hutch Hotel was not feasible. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the problems with the sod laid in Clifton Heights. Engineer Rodeberg stated the specifications were very specific about the requirements, and no payment would be made until the problems were cor- rected. (C) COMMUNICATIONS FROM ALDERMAN DONALD ERICIKSON Alderman Erickson inquired about the future site of the municipal liquor store. He also asked when Fifth Avenue Northeast would be completed. (d) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported the cracks in the dam had been sealed. This weekend there will be clean-up below the dam from Main Street to Second Avenue. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland requested the Council members to give their 7 ti CITY COUNCIL MINUTES - OCTOBER 23, 1990 opinion to the City Attorney regarding Junker Sanitation litigation. Mayor Ackland commented that the signage regarding Les Kouba could not be posted along the state highway right- of-way . Today the Mayor was contacted by an individual who has a son stationed in Saudi Arabia. He requested that the community participate in a "ribbon campaign" to remember the armed forces in the Middle East by decorating a tree in Library Square with red ribbons. The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to approve the use of Library Square for a "ribbon campaign." 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:22 P.M. 8