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12-11-1990 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 11, 1990 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Tim Caspers. 3. MINUTES The minutes of the regular meeting of November 27, 1990, joint meeting of November 27, 1990 and special meeting of December 3, 1990 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - NOVEMBER 1990 2. PARK & RECREATION BOARD MINUTES OF OCTOBER 24, 1990 3. AIRPORT COMMISSION MINUTES OF NOVEMBER 26, 1990 4. HOSPITAL BOARD MINUTES OF OCTOBER 16, 1990 5. NURSING HOME BOARD MINUTES OF OCTOBER 25, 1990 6. LIBRARY BOARD MINUTES OF DECEMBER 4, 1990 7. SENIOR ADVISORY BOARD MINUTES OF SEPTEMBER 19, 1990 (b) CIGARETTE LICENSES FOR 1991 (c) BINGO LICENSE RENEWALS (d) CHARITABLE GAMBLING LICENSE RENEWALS (e) SNOW REMOVAL PERMIT 1. RANDY BLAKE 2. DAVID BLAKE 3. BUD REINERT 4. DENNIS GETZ 5. DOUGLAS PETERSON IN CITY COUNCIL MINUTES - DECEMBER 11, 1990 The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to order the re- port and minutes filed and issue the licenses/permits. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF WATER AND SEWER RATES FOR COUNTRY CLUB TERRACE (DBA HUTCH, INC.) BY MANAGER BILL BLOCK Mr. Bill Block discussed the water billing for Country Club Terrace. He stated that the charges were for more water than the amount going through the meter. He claim- ed there was a $1,374 over -charge, and for the last four quarters the court was billed for 917,000 more gallons of water than actually used. Mr. Block felt the court should be billed for less than actual use since 100 per- cent of the water used does not go into the sewer. He requested fair treatment and thought a 90 percent rate would be fair. Alderman Erickson stated that he thought this whole issue was resolved at the October 23 Council meeting. The cor- rection was to be made when the individual water meters were installed in the park and actual use could be deter- mined. Mr. Block stated that the individual water meters would be put in June of 1991. However, the park had been over- charged for all of 1990. He further commented that changing the billing quarter for sewer use did not work. Finance Director Merrill commented the City would have to manually adjust for billing. He pointed out the wording in the City ordinance regarding billing policy. Director Randy DeVries stated that the winter quarter is the only way to base the sewer use charge, and it's fair. He was available to check the meter lines in the park to determine if there was any leakage. Following discussion, Alderman Torgerson moved to charge the actual 1990 water usage on sewer charges based on the winter quarter until the individual water meters are in- stalled June 1, 1991. Motion seconded by Alderman Erick- CITY COUNCIL MINUTES - DECEMBER 11, 1990 (b) (c) (d) son. Motion amended by Alderman Torgerson to amend mo- tion to forgive late fees. Amended motion seconded by Alderman Erickson and unanimously carried. Main motion unanimously carried. REPORT BY JOE DEJAEGHERE OF DNR REGARDING LUCE LINE TRAIL ROUTES IN HUTCHINSON Mr. Joe DeJaeghere reported on the progress of connecting the Luce Line Trail to the City recreational trail. Ap- proval was requested to designate a route along Arch Street to Second Avenue, subject to approval of affected property owners. The motion was made by Alderman Lenz, seconded by Alder- man Erickson and unanimously carried, to approve and des- ignate the proposed stretch of Arch Street as a snow- mobile route, subject to permission of the property owners. COMPLAINT BY ARLYS KENDALL REGARDING CAR TOWED FROM STREET Ms. Arlys Kendall stated that one of her three cars was towed away from in front of her house, located at the corner of First Avenue S.E. and Adams, following a light snowfall. She reported there was no place to park but on the street. Ms. Kendall requested information regarding parking restrictions and snow plowing policy. Mayor Ackland informed Ms. Kendall that a City ordinance stated there was a time limit of 24 hours in which a ve- hicle may be parked on a public street. DISCUSSION OF NON -CONFORMING SEPTIC SYSTEM ON DELAWARE STREET Realtor John Paulson reported a meeting was held with the property owners, City Engineer and Building Official to discuss the issue of the septic system on Delaware Street. A buyer wished to purchase a house at 1318 Dela- ware, and the bank needs to close on it by the end of the year. Therefore, permission was requested to allow the buyer to occupy the house before year-end and prior to installation of a new system of either a mound system or City sewer and water services. Following discussion, Alderman Erickson moved to give CITY COUNCIL MINUTES - DECEMBER 11, 1990 permission to occupy the property while the City de- termines the system to be used. Motion seconded by Alderman Mlinar and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9366 - RESOLUTION ESTABLISHING ONE HOUR PARKING AREA The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. (b) RESOLUTION NO. 9367 - TRANSFERRING $60,000 FROM THE LIQUOR STORE TO GENERAL FUND The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive read- ing and adopt. (c) RESOLUTION NO. 9383 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS (DEFERRED NOVEMBER 27, 1990) Engineer Rodeberg reported on the changes for municipal state aid streets. Following discussion, Alderman Mlinar moved to approve and waive readings and adopt Resolutions No. 9355 and No. 9356. Motion seconded by Alderman Erickson and unanimously carried. 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 had been made, with the exception of Carol's Cafe. (b) CONSIDERATION OF FLEX SECTION 125 BENEFIT PLAN CITY COUNCIL MINUTES - DECEMBER 11, 1990 Atty. Anderson reported on the -changes for the Flex Plan. Following discussion, Alderman Mlinar moved to approve the plan and changes. Motion seconded by Alderman Lenz and unanimously carried. (c) CONSIDERATION OF UPGRADED TELEPHONE SYSTEM FOR CITY HALL Mr. Walt Clay, President of Hutchinson Telephone Company, explained the Centrex system which is recommended for City Hall. Following discussion, the motion was made by Alderman Mlinar to accept the Centrex proposal from the Hutchin- son Phone Company. Motion seconded by Alderman Torger- son and unanimously carried. Mayor Ackland suggested holding a public forum to address the feasibility study of consolidated communications system in April after Police Chief Madson returns from the FBI Academy training. (d) CONSIDERATION OF 1991 IMPROVEMENT PROJECTS NO. 91-01 - NO. 91-14 Engineer Rodeberg reviewed the proposed improvement proj- ects for 1991. It was recommended that Project 91-17 be put on hold. The Engineer reported that a meeting with MN/DOT representatives would be held on December 12 to discuss future routing of state highways, and he, the City Administrator and Mayor would be in attendance. Mention was made of a future need for an additional water tower. Engineer Rodeberg suggested hiring a consultant to determine the location. Ms. Connie Mangan, Small Cities Project Coordinator, re- viewed the downtown sprinkling project. It was recom- mended to sprinkle only the basements of buildings with second floor apartments which were being rehabilitated with the Small Cities Development Program funding. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and hold hearings on January 8, 1991 at 8:00 P.M., except for Lettings No. 3 and No. 4 to be held the second City Council meeting in January, and to waive readings and adopt Resolutions No. 9369 - No. 9382. CITY COUNCIL MINUTES - DECEMBER 11, 1990 (e) CONSIDERATION OF 1991 BUDGET FOR DRY DOCK YOUTH CENTER Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the use of any 1989 left -over balance to be applied to the 1990 budget. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to approve the 1991 budget. (f) CONSIDERATION OF BUILDING PERMIT FEE SCHEDULE FOR 1991 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve and waive reading and adopt Resolution No. 9368. (g) CONSIDERATION OF REQUEST BY HUTCHINSON COMMUNITY DEVELOPMENT CORP. TO AMEND RESOLUTION NO. 8134 RELATING TO TAX INCREMENT FINANCING ACCOUNT Administrator Plotz explained that the amendment to Reso- lution No. 8134 would allow for tax increment financing dollars to be available for Phase I and II of the Shopko project. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and waive reading and adopt Resolu- tion No. 9384. (h) CONSIDERATION OF 457 DEFERRED COMPENSATION PLAN Administrator Plotz reported that the City's 457 Generic Deferred Compensation Plan was submitted to the IRS, and they had made minor modifications to the language in the plan. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the changes and waive reading and adopt Resolution No. 9385. (i) CONSIDERATION OF REQUEST BY HUTCHINSON AIRPORT COMMISSION TO ADVERTISE FOR AIRPORT CONSULTANT PROPOSAL Following discussion, the motion was made by Alderman CITY COUNCIL MINUTES - DECEMBER 11, 1990 Torgerson, seconded by Alderman Erickson and unanimously carried, to approve advertising for consultant. (j) CONSIDERATION OF MERIT INCREASE FOR CITY ADMINISTRATOR Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve a 1990 merit increase of 1.25%, the same as last year. (k) CONSIDERATION OF ANNUAL WAGE ADJUSTMENT FOR JANUARY 1, 1991 Mayor Ackland suggested that Aldermen Torgerson and Mlinar meet with the Directors at 7:30 A.M. on December 18 at City Hall to discuss the 1991 wage adjustment. The motion was made by Alderman Mlinar, seconded by Ald- erman Torgerson and unanimously carried, to table. (1) CONSIDERATION OF AGREEMENT BETWEEN CITY OF HUTCHINSON AND HAROLD L. AND LENNIE L. THOMPSON Following a report by the City Attorney, Alderman Erick- son moved to approve and enter into agreement. Motion seconded by Alderman Torgerson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that bids would be re- ceived on December 28 for demolition or removal of struc- tures at the proposed Shopko site. All of the tenants will be out by January 1, 1991. The asbestos has been removed in two of the buildings and more work will be done. It was requested to approve a $1,000 claim for rent de- posit and miscellaneous moving costs from Laurie Sorega- roli. The motion was made by Alderman Mlinar to approve payment. Motion seconded by Alderman Lenz and unanimous- ly carried. Mr. Plotz stated the car impounding contract expired De- cember 31, 1990. Therefore, he requested authorization to advertise for bids. The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously CITY COUNCIL MINUTES - DECEMBER 11, 1990 carried, to approve advertising for bids. Administrator Plotz inquired about the closing time of City offices on Christmas Eve and New Year's Eve. After discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to close on December 24 at 3:00 P.M. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unan- imously carried, to close on New Year's Eve at 4:00 P.M. (b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ Alderman Lenz commented on the memorandum regarding holi- day Hutchmobile service and made"the motion to make it City policy to operate on Veteran's Day and Thanksgiving Friday, in addition to President's Day and Martin Luther King Day. Motion seconded by Alderman Mlinar and unani- mously carried. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about a joint meeting in January with the County Commissioners and other entities. Following discussion, it was the consensus of the Council to hold a meeting with the County Commissioners and County officials on January 14, 1991 at 7:00 P.M. at the Victorian Inn. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the progress of the demolition at the Shopko site. Administrator Plotz re- ported that by December 21 everything would be out of the buildings to be demolished. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported he had talked to the County Attorney regarding reapportionment by district. The City Attorney stated the same acquisition procedures used for Phase I of the Shopko project would be used for Phase II. Discussion followed regarding the use of a third party for negotiations and the involvement of John Bernhagen. The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to give the City Attorney and City Administrator, in addi- CITY COUNCIL MINUTES - DECEMBER 11, 1990 tion to a third party, authorization to begin some type of negotiations. (f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated that the Police Department had re- quested that on December 15 all the Christmas lights in town be turned on at 7:00 P.M. and the church bells ring simultaneously in remembrance of Officer Mike Hogan who was shot and killed while on duty one year ago. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the remembrance of Mike Hogan. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:15 P.M.