09-08-1987 CCMv
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 8, 1987
1. The meeting was called to order by Mayor Ackland at 7:30 P.K. The follow-
ing were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Tor-
gerson, Pat Mikulecky and Nike Carls (arrived at 8:45 P.M.). Also present:
City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson
and City Attorney G. Barry Anderson.
2. INVOCATION
The invocation was given by the Reverend Harold Kelm.
3. MINUTES
The minutes of the regular meeting of August 25, 1987 were approved as dis-
tributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - AUGUST 1987
2. HOSPITAL BOARD MINUTES OF JULY 21, 1987
3. PARKS & RECREATION BOARD MINUTES OF JULY 29, 1987
4. TREE BOARD MINUTES OF AUGUST 5, 1987
(b) APPOIHTMEHT OF ROGER HAGGENMILLER TO PARKS & RECREATION BOARD
(c) LICENSE APPLICATIONS BY PETER ADAMS, DBA SODBUSTER SALOON
1. CIGARETTE L I CENSE
2. ON -SALE HON -INTOXICATING MALT LIQUOR LICENSE
3. OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSE
The motion was made by Alderman Nlinar to approve the reports and minutes in
item (a) and ratify the appointment in item (b) and to defer action on item
(c) license applications. Motion seconded by Alderman Mikulecky and unani-
mously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) IMPROVEMENT PROJECT NO. 87-37
Mayor Ackland called the hearing to order at 8:00 P.M. and read the
notice of hearing for project No. 87-37.
Ms. Delores Saar, 45 Fifth Avenue N.W., asked for an explanation of the
project and inquired who would pay for it. The City Engineer reported
the City would pay the $10,000 cost for the temporary new storm sewer
and two inlets to be installed on the Marshall property. A permanent
project in the future would be assessed, and this project could be
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CITY COUNCIL MINUTES - SEPTEMBER 8, 1987
added to the assessment at that time.
Following discussion, Alderman Torgerson moved to close the hearing at
8:08 P.M. Motion seconded by Alderman Mlinar and carried unanimously.
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky, to approve the plans and specifications, advertise for bids on
September 21, 1987 at 2:00 P.M., and to waive readings and adopt Res-
olutions No. 8604 and No. 8605. Motion unanimously carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST FOR STREET LIGHT ON SOUTH END OF KAY STREET
Alderman Mikulecky moved to approve and refer to the Utilities. Mo-
tion seconded by Alderman Torgerson and carried unanimously.
(b) PETITION FOR COMPLETION OF SANITARY SEWER IN OAKWOOD ADDITION
(PROJECT NO. 87-36, LETTING NO. 16)
City Administrator Plotz reported on the background of the petition for
the project and that the City Council rejected the project at a public
hearing held August 11, 1987. A second petition was submitted for com-
pletion of the project, but it did not contain 100 percent signatures
of the property owners.
Following discussion, the motion was made by Alderman Torgerson, sec-
onded by Alderman Mlinar, to set a public hearing for project No. 87-
36, Letting No. 16, for September 22, 1987 at 8:00 P.M. Motion amended
by Alderman Mikulecky to approve the engineer's report and call for a
hearing September 22, 1987 at 8:00 P.M., to approve the plans and spec-
ifications and advertise for bids, and to waive readings and adopt
Resolutions No. 8610, No. 8611, No. 8612, and No. 8613. Amended motion
seconded by Alderman Torgerson and carried unanimously. Main motion
unanimously carried.
(c) CONSIDERATION OF REQUEST FOR HUTCHMOBILE DRIVER TO ATTEND DEFENSIVE
DRIVING COURSE
Following discussion, Alderman Torgerson moved to approve the request.
Motion seconded by Alderman Mikulecky and unanimously carried.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 8606 - RESOLUTION AUTHORIZING RELEASE AND ACCEPTING
PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION
The motion was made by Alderman Torgerson, seconded by Alderman Mlinar,
to waive reading and adopt Resolution No. 8606. Motion carried unani-
mously.
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CITY COUNCIL MINUTES - SEPTEMBER 8, 1987
(b) RESOLUTION 10. 8607 - TRANSFERRING 520,000 FROM LIQUOR STORE TO
GENERAL FUND
Alderman Mlinar moved to waive reading and adopt Resolution No. 8607.
Motion seconded by Alderman Mikulecky and unanimously carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF RECOMMIENDATION BY POLICE CIVIL SERVICE COMMISSION TO
APPROVE HIRING PART-TIME POLICE CLERK (DEFERRED AUGUST 25, 1987)
Following discussion, the motion was made by Alderman Mlinar, seconded
by Alderman Torgerson, to approve hiring Sharon Zieman as clerk. No-
tion carried unanimously.
(b) CONSIDERATION OF REZONING FROM R-2 TO C-2 PROPERTY LOCATED AT 29 FOURTH
AVENUE NV, 35 FOURTH AVENUE NV AND 402 MAIN NORTH VITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION (DEFERRED AUGUST 25, 1987)
Mayor Ackland reconvened the Council meeting at 8:55 P.M. to discuss
the rezoning issue.
Property owner Bob Hornick, franchise holder Wayne Thompson, and Attor-
ney Ronald McGraw presented the proposed site plan for the Burger King
to be located at the intersection of Highways 7 and 15. They also
stated their arguments as to why the property should be rezoned to
allow this business to materialize.
Attorney Pete Kasal, Craig and Peggy Reese presented counter -arguments
as to why the property should not be rezoned as commercial and left as
residential. The Reeses showed a video of their property and existing
neighborhood.
Mr. Ronald Shun, 515 Hassan Street S.E., stated there was a safety
problem with the Highway 7 traffic being slowed down to turn into the
proposed Burger King driveway. Also, additional cars would be added to
the intersection, creating a safety hazard. He couldn't imagine having
a business located next to a residential area.
Mr. Vayne Kasich, 45 Fourth Avenue N.Y., commented that the City En-
gineer didn't think it was a good location for the Burger King because
of traffic problems. He foresaw a traffic hazard for himself and
others. Mr. Kasich felt the long-range effects had to be considered.
Alderman Torgerson stated the Planning Commission had approved the re-
zoning by a six to one vote. He then moved to approve the rezoning and
waive first reading of Ordinance No. 8/87 and set second reading for
September 22, 1987. Motion seconded by Alderman Carls and unanimously
carried five to zero.
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CITY COUNCIL MINUTES - SEPTEMBER 8, 1987
9. NEW BUSINESS
(a) CONSIDERATION OF PURCHASING TERMINAL EQUIPMENT FOR POLICE DEPARTMENT
Following discussion, Alderman Mikulecky moved to approve the purchase
and to take the money from the contingency fund. Motion seconded by
Alderman Torgerson and unanimously carried.
(b) CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AND OPERATION
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Mlinar, to approve and enter into an agreement and to waive
reading and adopt Resolution No. 8608. Motion carried unanimusly.
(c) CONSIDERATION OF PURCHASE OF CLOSED CIRCUIT TV SYSTEM FOR NEW POLICE
FACILITY
Following discussion, Alderman Torgerson made the motion to approve the
purchase in the amount of $11,915, including alternate one and two, and
award the bid to Videotronix Inc. Motion seconded by Alderman Miku-
lecky and unanimously carried.
(d) CONSIDERATION OF PURCHASE OF SOFTWARE FOR OUTPATIENT ABSTRACTING SYSTEM
AT HUTCHINSON COMMUNITY HOSPITAL
The motion was made by Alderman Mlinar, seconded by Alderman Torgerson,
to approve the purchase. Motion carried unanimously.
(e) CONSIDERATION OF ORDINANCE CODIFICATION PROPOSAL(S)
The City Attorney commented on the proposal received and his recommen-
dation. No action was required at this time since the matter was under
budget consideration.
(f) CONSIDERATION OF LEAF COMPOSTING PROJECT
Chairman Mark Schnobrich presented the Solid Waste Management Commit-
tee's proposals for the leaf composting project. The Council was asked
to authorize the opening and closing of the City tree dump for the de-
posit of leaves.
Following discussion, Alderman Torgerson moved to authorize the Solid
Waste Management Committee to proceed with its proposal and to set up
dates when the tree dump would be open. Alderman Mlinar seconded the
motion and unanimously carried.
(g) CONSIDERATION OF MONITORING AGREEMENT WITH ELECTRO WATCHMAN INC. FOR
WASTEWATER TREATMENT PLANT
After discussion, the motion was made by Alderman Mikulecky, seconded
by Alderman Torgerson, to approve and enter into contract with Electro
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CITY COUNCIL MINUTES - SEPTEMBER 8, 1987
Watchman Inc., adding the word "West" to Elementary School. Notion
carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported the progress of the wastewater treat-
ment plant project was on schedule. Also, the printout for the police
station was in order; however the project was three to four weeks be-
hind schedule.
Mr. Plotz reported the filing for office closed today. Three candi-
dates filed for the position of alderman, including the two incumbents,
and two for the office of Mayor, including the incumbent.
(b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar commented on the informational memorandum received from
George Field.
(c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson stated he had talked to Supervisor Doug Meier re-
garding over -night parking for residents who live in the downtown area.
He requested that Supervisors Meier and Karg prepare a recommendation
to the City Council regarding this item.
It was reported that the Safety Council was concerned about preventing
accidents at Bluff Street and Highway 7. Perhaps a traffic study
should be done by MN/DOT at Highways 7, 15 and 22.
(d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky commented on his on-going concerns regarding the
speed limit on Highway 7/22 West, and he made the motion to send a
letter and Resolution No. 8614 to MN/DOT requesting to reduce the speed
limit on Highway 7/22 West from 50 to 40 miles per hour from Third
Avenue Northwest to west of Shady Ridge Road and to move the posted
speed sign west to Shady Ridge Road. Alderman Torgerson seconded the
motion and unanimously carried.
(e) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Anderson reported he had a meeting with one of the air-
port property owners, and he hoped to have a purchase agreement ready
for a future City Council meeting.
(f) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland commented on a memorandum from the Building Official re -
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CITY COUNCIL MINUTES - SEPTEMBER 8, 1987
garding a change in the building permit fee for reshingling and resid-
ing of one and two family homes. It was the opinion of the Council
that a change in fees would require Council action, and the item
should be placed on the agenda for a future meeting.
RECESS: The City Council adjourned for a short recess at 8:42 P.M.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar
and unanimously carried, to approve and authorize payment from the ap-
propriate funds.
12. ADJOURNMENT
The regular meeting adjourned at 10:20 P.M. for a closed meeting to discuss
the potential or pending litigation pertaining to the easement from the Lunds
for the State Highway 15 improvement project.
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