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10-12-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 12, 1982 1. CALL TO ORDER Mayor DeMeyer called the meeting to order at 7:30 P.M., with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Absent: None. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, and City Attorney James Schaefer (arrived at 8:00 P.M.) 2. INVOCATION The invocation was given by the Reverend John H. Longley. 3. MINUTES The minutes of the Regular Meeting of September 28, 1982 were approved as pre- sented upon motion by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) CONSIDERATION OF REVISING POLICY ON REFUSE RATES FOR MOBILE HOME COURTS The public hearing was called to order at 8:30 P.M. Messrs. Rick and Neil Junker and Attorney Lee LaBore were present on behalf of Junker Sanitation. It was explained to the mobile home court owners that the proposed revision of policy regarding trailer courts would affect a change in the refuse charges and the billing procedure. Also, the present dumpSters would be eliminated and replaced by individual back -yard pick-up service. Junker Sanitation would bill the court owner on a unit base per mobile home, and the owner would be responsible for collecting from the tenants. The pro- posed refuse charge would be equivalent to the residential charge per unit. City Administrator Plotz reported there was only one water meter for the entire trailer court; therefore, it would be difficult for the City to keep records of occupants in the mobile homes. The City preferred not to be- come involved with the billing process of the mobile home courts. Mr. Darrel McDonald, McDonald's Trailer Court, inquired if the dumpsters were considered commercial instead of residential. If the billing were changed to an individual basis, he wondered why the park operator had to be responsible for collecting from each mobile home occupant. Mr. Mc- Donald further questioned how to absorb the difference in rates since most of the people living in the court already have financial difficulties. Mr. McDonald pointed out the utilities charged the mobile homes for com- mercial rates, and the court owner is taxed for commercial land. C� I COUNCIL MINUTES OCTOBER 12, 1982 Mr. Gordon Hedlund, owner of Country Club Terrace, objected to the refuse rates more than doubling. He felt the City should be responsible for col- lecting the amount due. He stated he had a low-interest HUD loan, and any rate increases had to be approved through the HUD office. In the past, other requests for increase in rates h ad been turned down by HUD. Mr. Hedlund pointed out he was paying Junker the same rate of $250.00 per month that he would pay for another hauler to take his refuse. Attorney LaBore stated the disagreement between Mr. Hedlund and Junker was over the payment of $250.00 per month. This amount was a figure Mr. Hed- lund had come up with and did not have City Council or Junker approval. In fact, Junker was not being paid what was due them. It was the consensus of the Council that there should be a uniform rate for refuse pick-up.. At the present time, the mobile home parks pay a lower refuse rate than private home dwellers, but they have the same services and create the same amount of refuse. Mr. John Hallahan, Manager of Country Club Terrace, inquired what the in- crease in rate would be, and he was informed the rate would go from $4.60 per month to $5.85 per month. Mr. Hallahan then questioned the Council's opinion that the mobile home resident be treated the same as the home owner inasmuch as they do not receive City services for street cleaning and snow removal. The mobile home owner pays a base mobile home tax. Mr. Luther Tschudi, a tenant at Country Club Terrace, commented that the residents shouldn't be penalized just because Junker was having a disagree- ment with Mr. Hedlund. Alderman Beatty moved to close the hearing at 8:45 P.M. Seconded by Alder- man Carls and carried unanimously. It was moved by Alderman Beatty that in each trailer park within Hutchinson each lot be charged $5.00, based on pick-up by Junker for curb -side on a weekly basis, and eliminate the dumpsters. Alderman Gruenhagen seconded the motion, and it unanimously carried. Attorney LaBore reported the problem with Mr. Dale Smith's refuse service had been resolved. Mr. Smith's rate charged was adjusted from $32.00 to $16.00, and he was given a three-month credit. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY SENIOR CENTER COORDINATOR TO ATTEND SENIOR CENTER AND ACCESS SERVICES CONFERENCE ON OCTOBER 19-20, 1982 -2- COUNCIL MINUTES OCTOBER 12, 1982 Following discussion, the motion was made by Alderman Carls to approve the request. Motion seconded by Alderman Mlinar, the motion unanimously approved. (b) CONSIDERATION OF REQUEST BY DIRECTOR OF ENGINEERING TO ATTEND MINNESOTA PUBLIC WORKS ASSOCIATION FALL CONFERENCE ON NOVEMBER 4-5, 1982 After discussion, Alderman Carls moved to approve the Director of Engin- eering attending the Fall Conference. Seconded by Alderman Gruenhagen and carried unanimously. (c) CONSIDERATION OF REQUEST BY FIRE MARSHAL TO ATTEND TWO WEEKEND CONFERENCES Following discussion, it was moved by Alderman Mlinar, seconded by Alder- man Gruenhagen, to approve the Fire Marshal to attend two weekend confer- ences. Motion unanimously carried. (d) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE LIBRARY SQUARE BAND SHELL ON DECEMBER 6 AND 13, 1982 FOR FREE CHRISTMAS CONCERT It was requested that the Hutchinson Downtown Retail Association be per- mitted to use the band shell in Library Square for invited "choraliers" to provide free Christmas music. The choraliers would also carol through- out the downtown area. After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Beatty, to approve the use of Library Square. Motion unanimously approved. (e) CONSIDERATION OF REQUEST BY HUTCHINSON DOWNTOWN RETAIL ASSOCIATION TO USE LIBRARY SQUARE FOR FREE SLEIGH RIDES AND SANTA ARRIVAL A question was raised regarding liability in the event of an accident, and the City staff was instructed to check into this matter. Following discussion, Alderman Beatty moved to approve the use of Library Square for free sleigh rides and Santa arrival. Motion seconded by Alder- man Mlinar and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 12/82 - ORDINANCE AMENDING SECTION 245:12 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED NURSING HOME BOARD RELATING TO POWERS AND DUTIES -3- COUNCIL MINUTES OCTOBER 12, 1982 It was reported the amendment to Section 245:12 pertaining to the Nurs- ing Home Board would increase the purchase and contract limit from $5,000.00 to $10,000.00, the same as the Hospital Board. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Gruenhagen, to waive the first reading of Ordinance No. 12/82 en- titled Ordinance Amending Section 245:12 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Nursing Home Board Relating to Powers and Duties, and set the second reading for October 26, 1982. Motion approved unanimously. (b) RESOLUTION NO. 7277 - ACCEPTING $62,500 FROM THE HUTCHINSON UTILITIES COMMISSION Following discussion, it was moved by Alderman Gruenhagen to waive read- ing and adopt Resolution No. 7277 entitled Accepting $62,500 from the Hutch- inson Utilities Commission. The motion was seconded by Alderman Beatty and unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - SEPTEMBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF BUILDING PERMIT NO. 4311 ISSUED TO WALLY TEICH City Engineer Priebe reported Wally Teich received a building permit in 1979, but to date several items have not been completed. Also, Mr. Teich was requested to apply for a building permit for an unauthorized addition. It will also be necessary for him to apply for a variance and conditional use permit. Following discussion, Alderman Gruenhagen moved to direct the City Attor- ney to take appropriate action. Seconded by Alderman Mlinar, the motion carried unanimously. (b) CONSIDERATION OF APPOINTING COUNCIL REPRESENTATIVE TO ATTEND BURLINGTON NORTHERN RAILROAD MEETING -4- COUNCIL MINUTES OCTOBER 12, 1982 It was requested that a Council representative be appointed to represent the City along with the City Administrator and City Engineer for a meeting with Burlington Northern personnel.to discuss data. It was the consensus of the Council to leave the appointment open so that whoever was available could attend the meeting. Alderman Beatty moved that one Council member would attend the meeting with the Burlington Northern, and that person would be the one available at the time of the meeting. Motion seconded by Alderman Gruenhagen and unanimously carried. (c) CONSIDERATION OF RECOMMENDATION FROM OLD ARMORY RESEARCH COMMITTEE Alderman Beatty moved to take item 9-c first on the Agenda. Seconded by Alderman Mlinar and unanimously approved. Alderman Mlinar reported that the last meeting of the Old Armory Research Committee was held October 7, 1982, at which time they prepared the follow- ing recommendation concerning the Old Armory referendum question for con- sideration by the City Council: "Shall the City be authorized to issue bonds not to exceed $231,500 for the purpose of bringing the Old Armory into compliance with existing codes?" Yes No It was moved by Alderman Mlinar to dissolve the Old Armory Research Com- mittee and for the City to thank each member of the Committee for their participation. Seconded by Alderman Beatty and unanimously approved. Mention was made that Gayle Wick acted as a proxie at the last Committee meeting and should be included in the list of people to receive a thank you letter. A report of happenings and events over the past few months relating to the Old Armory issue was presented by Alderman Mlinar. He further ex- pressed appreciation and support to the Building Official and Fire Marshal for their work in this area. In closing, it was pointed out that Aldermen Mlinar and Gruenhagen's job was to get input from the Old Armory Committee, and they tried to be fair so everyone was heard. Alderman Mlinar moved that the "question" include the total amount of $680,400 to completely renovate the Old Armory building, with a "Yes" or "No." Motion seconded by Alderman Gruenhagen. The motion died, with Aldermen Gruenhagen and Mlinar voting aye and Aldermen Beatty and Carls and Mayor DeMeyer voting nay. -5- COUNCIL MINUTES OCTOBER 12, 1982 The motion was made by Alderman Beatty to accept the "question" as recom- mended by the Old Armory Research Committee. Alderman Carls seconded the motion, and it unanimously carried. (d) CONSIDERATION OF APPLYING $150,000 OF FEDERAL REVENUE SHARING MONEY TOWARDS OLD ARMORY UPDATING AND REDUCING AMOUNT OF INDEBTEDNESS TO BE INCURRED TO $81,500 (REQUESTED BY PAT MIKULECKY) It was moved by Alderman Beatty to defer this item until after the Novem- ber election when the issue has been decided. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar vot- ing aye and Mayor DeMeyer voting nay. (e) CONSIDERATION OF SELECTING A DOWNTOWN VOTING SITE FOR NOVEMBER ELECTION (REQUESTED BY PAT MIKULECKY) During discussion, clarification was requested for using the Old Armory as a voting location. The Fire Marshal stated it cannot be used at the present time. It was the consensus of the Council that the matter had been given research and study prior to choosing the National Guard Armory as a voting site, and the location should remain the same for the general election in November. Concern was expressed about the low voter turnout for the September primary election, and it was felt the location was the cause. City Administrator Plotz reported the 26% turnout was comparable to other years. In the past, the highest recorded turnout was 321 and the lowest 20%. Alderman Gruenhagen moved to leave the voting place as it was in the pri- mary election and to advertise the location and use of the Hutchmobile. The motion was seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the application for a HUD Community De- velopment Block Grant for a Sheltered Workshop in Hutchinson had been com- pleted and mailed today. A reply on the status of the grant should be forthcoming within 60 to 90 days. If the City is turned down, there is another application period in February, 1983. (b) COMMUNICATIONS FROM PARKS AND RECREATION DIRECTOR Director Ericson stated the Parks and Recreation Board would like to have COUNCIL MINUTES OCTOBER 12, 1982 a test done at the Civic Arena to determine the problem in the structure. It would require hiring an engineering firm to analyze the condition of the Arena to determine a solution. After discussion, the motion was made by Alderman Carls to proceed with the testing at the Civic Arena. Seconded by Alderman Mlinar. The motion was amended by Alderman Carls to establish a ceiling cost of $3,000.00 and not to be exceeded. Seconded by Alderman Mlinar and carried unanimously. (c) COMMUNICATIONS FROM FIRE MARSHAL Fire Marshal Field commented that the Planning Commission will be taping certain items for their meetings, and the video tapes will require two tele- vision sets for viewing in the Council Chambers. A 12" black and white set would retail for $79.00 to $109.00. Following discussion, it was moved by Alderman Gruenhagen to have City staff check into purchasing two television sets, and in the meantime to accept Alderman Beatty's offer to have two sets available for the next Planning Commission meeting. Motion seconded by Alderman Carls and unanimously ap- proved. (d) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty reported the firemen are unhappy that they are being charged for heating the old fire station since they no longer use it. After discussion, the matter was referred to the City Accountant. (e) COMMUNICATIONS FROM ALDERMAN MLINAR Further discussion was given to the Old Armory issue and the referendum question. The motion was made by Alderman Carls to request the Leader to publish at least two crucial pages of Lund Associates' report and for the City Admin- istrator and staff to draft a letter for publication, which will be re- viewed at the next City Council meeting. Seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:59 P.M. upon motion by Alderman Carls, seconded by Alderman Mlinar and unanimously carried. -7-