02-26-1985 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 26, 1985
1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol-
lowing were present: Alderman Mike Carls, Alderman John Mlinar, Alder-
man Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H.
Stearns. Also present: City Administrator Gary D. Plotz and City At-
torney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Manley Swarthout.
3. MINUTES
The minutes of the regular meeting of February 12, 1985 were approved as
distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - JANUARY 1985
2. LIBRARY BOARD MINUTES DATED JANUARY 23 AND 25, 1985
3. NURSING HOME BOARD MINUTES DATED JANUARY 24, 1985
4. PLANNING COMMISSION MINUTES DATED JANUARY 15, 1985
Mayor Stearns ordered the report and minutes to be filed.
5. PUBLIC HEARING - 8:00 P.M.
(a) F & T JOINT VENTURE (FRANK FAY HOTEL PROJECT)
1. INDUSTRIAL REVENUE BOND
2. TAX INCREMENT FINANCING
The public hearing was called to order at 8:00 P.M. It was the
recommendation of the City Administrator and Finance Consultant
Bill Fahey to continue the public hearing to March 26, 1985.
The motion was made by Alderman Carls to continue the hearing until
March 26, 1985. Alderman Mlinar seconded the motion, and it unani-
mously carried.
(b) ASSESSMENT ROLL NO. 202 - PROJECTS NO. 85-01-27, 85-01-28,
85-01-29, 85-01-30, AND 85-01-31
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FEBRUARY 26, 1985
The public hearing was called to order at 8:16 P.M. Following a
brief discussion, Alderman Mlinar moved to close the hearing at
8:17 P.M. The motion was seconded by Alderman Mikulecky and car-
ried unanimously.
It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to
approve Assessment Roll No. 202. Motion unanimously carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF HEATING SYSTEM PROBLEM IN FIRE STATION
Brad Emans and John Madson represented the fire department to ex-
plain the fire station's existing heating system problem. Follow-
ing discussion, Alderman Mlinar moved to direct the City Adminis-
trator to meet with the architect, engineer of the project, and
fire department representatives to work out the problem. Motion
seconded by Alderman Carls and carried unanimously.
(b) PRESENTATION BY KORNGIEBEL ARCHITECTS ON FINAL SPECIFICATIONS FOR
RECREATION FACILITY
Following a report by Barry Anderson and presentation of drawings
by Korngiebel Architects, the motion was made by Alderman Mlinar to
approve the specifications for the recreation facility and to ad-
vertise for bids on April 4, 1985 at 2:00 P.M. Alderman Torgerson
seconded the motion, and it unanimously carried.
Alderman Mikulecky moved that the City of Hutchinson waive the
building permit fee on the recreation facility project. The motion
was seconded by Alderman Carls and carried unanimously.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 7997 - RESOLUTION FOR PURCHASE
It was moved by Alderman Mlinar to waive reading and adopt Resolu-
tion No. 7997. Alderman Torgerson seconded the motion and carried
unanimously.
(b) ORDINANCE NO. 3/85 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY
OWNED REAL PROPERTY LEGALLY DESCRIBED AS: LOT 12, BLOCK 3, SELCHOW-
JORGENSON SUBDIVISION OF THE CITY OF HUTCHINSON
The motion was made by Alderman Torgerson, seconded by Alderman
Carls, to waive the second reading and adopt Ordinance No. 711.
Motion unanimously carried.
(c) ORDINANCE NO. 4/85 - AN ORDINANCE PROVIDING FOR SEWER RATE
ADJUSTMENTS
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FEBRUARY 26, 1985
Alderman Carls moved to waive second reading and adopt Ordinance
No. 712. The motion was seconded by Alderman Torgerson and carried
unanimously.
(d) RESOLUTION NO. 7998 - RESOLUTION REQUESTING AUTHORIZATION FROM
MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL TEMPORARY TRAFFIC
SIGNAL LIGHT AT INTERSECTION OF HIGHWAY 7 WEST AND SCHOOL ROAD AND
COMPLETE A TURNING MOVEMENT STUDY
It was moved by Alderman Mikulecky, seconded by Alderman Carls, to
waive reading and adopt Resolution No. 7998. Motion unanimously
carried.
(e) RESOLUTION NO. 7999 - RESOLUTION REQUESTING REDUCTION OF SPEED
LIMIT IN THE CITY OF HUTCHINSON
The motion was made by Alderman Carls, seconded by Alderman Miku-
lecky, to waive reading and adopt Resolution No. 7999. The motion
carried unanimously.
Alderman Mikulecky moved to amend the motion to reduce the speed
limit to a maximum of 40 miles per hour. Alderman Torgerson sec-
onded the motion, and the amendment unanimously carried.
RECESS: The City Council adjourned for a five minute recess at 8:50 P.M.
and reconvened at 8:55 P.M.
8. UNFINISHED BUSINESS
(a) DISCUSSION ON PREPARING SPECIFICATIONS FOR NEW SEWAGE TREATMENT
FACILITY (DEFERRED FEBRUARY 12, 1985)
Following brief presentations by Rieke, Carroll, Muller and Con-
sulting Engineers Division/Donohue, the motion was made by Alder-
man Mlinar to authorize Consulting Engineers Division to proceed
with preparing specifications for Phase II of the sewage treatment
plant. Alderman Mikulecky seconded the motion, and it unanimously
carried.
Alderman Mlinar moved that the City Administrator proceed with the
necessary steps for land acquisition for the sewage treatment fa-
cility. Motion seconded by Alderman Torgerson and unanimously car-
ried.
(b) CONSIDERATION OF TAKE HOME VEHICLES IN POLICE DEPARTMENT
(REQUESTED BY ALDERMEN CARLS, TORGERSON AND MLINAR)
(DEFERRED FEBRUARY 12, 1985)
Following lengthy discussion, the recommendation was made that a
police vehicle use agreement be put into writing. No action was
taken.
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(c) CLARIFICATION OF STATUS OF CITY ADMINISTRATOR'S CAR ALLOWANCE
(REQUESTED BY ALDERMEN CARLS, TORGERSON, AND MLINAR)
(DEFERRED FEBRUARY 12, 1985)
After considerable discussion, it was moved by Alderman Mikulecky
that the City Administrator be reimbursed according to the City
Charter at 20.5 cents per mile for city use of his personal ve-
hicle on a monthly appropriation. Alderman Torgerson seconded the
motion, and it carried unanimously.
Alderman Torgerson made the motion to delete the $150 car allowance
for the City Administrator from Resolution No. 7949 and to estab-
lish his salary at 102 percent on the pay plan, including a merit
increase of two percent. The motion was seconded by Alderman
Mikulecky and unanimously carried.
(d) CLARIFICATION OF MERIT PAY INCREASE FOR EMPLOYEES NOT LISTED IN
PREVIOUS MEMORANDUM (REQUESTED BY ALDERMEN CARLS, TORGERSON AND
MLINAR) (DEFERRED FEBRUARY 12, 1985)
Following discussion, it was decided that clarification was needed
to determine the City Administrator's merit increase by the Council
and a better procedure for future handling of the pay plan. No ac-
tion was taken.
(e) CONSIDERATION OF AERIAL PHOTOGRAPHY BY MARKHURD CORP.
Following a report on the proposed Markhurd Corp. contract, it was
moved by Alderman Mlinar to award the bid for aerial photography to
Markhurd Corp. The motion was seconded by Alderman Carls and car-
ried unanimously.
(f) CONSIDERATION OF AWARDING BIDS FOR LETTINGS NO. 1, 2, 3 AND 5
(DEFERRED DECEMBER 10 AND 21, 1984)
After discussion, the motion was made by Alderman Torgerson, sec-
onded by Alderman Carls, to approve and award the bids and to waive
readings and adopt Resolutions No. 7992, No. 7993, No. 7994, No.
7995 and No. 7996. Motion unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
It was moved by Alderman Carls to authorize discontinuation of
service as of March 4 at noon except where arrangements had been
made in individual cases. Alderman Mlinar seconded the motion, and
it carried unanimously.
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(b) CONSIDERATION OF PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS
ON LETTING NO. 9, PROJECT NO. 85-01-36
Following discussion, Alderman Torgerson moved to approve the plans
and specifications for Letting No. 9, Project No. 85-01-36, and to
advertise for bids on March 28, 1985 at 2:00 P.M. and to waive
reading and adopt Resolution No. 7989. The motion was seconded by
Alderman Mlinar and unanimously carried.
(c) CONSIDERATION OF PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS
ON LETTING NO. 7, PROJECT NO. 85-01-24
After discussion, the motion was made by Alderman Mlinar, seconded
by Alderman Carls, to approve the plans and specifications for Let-
ting No. 7, Project No. 85-01-24, advertise for bids on March 28,
1985 at 2:00 P.M., and to waive reading and adopt Resolution No.
7990. Motion carried unanimously.
(d) CONSIDERATION OF REZONING REQUEST (C-2) SUBMITTED BY ROBERT HORNICK
WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Alderman Torgerson moved to reject the rezoning request as recom-
mended by Planning Commission. The motion was seconded by Alderman
Mlinar and unanimously carried.
(e) CONSIDERATION OF REZONING REQUEST (IC -1) SUBMITTED BY ROBERT
HORNICK WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Alderman Torgerson to reject the rezoning
request based on the Planning Commission's recommendation. Alder-
man Mikulecky seconded the motion, and it carried unanimously.
(f) CONSIDERATION OF VARIANCE AS REQUESTED BY ROBERT MCGEE WITH FAVOR-
ABLE RECOMMENDATION OF PLANNING COMMISSION
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky,
to approve the variance and to waive reading and adopt Resolution
No. 7988. Motion unanimously carried.
(g) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY FARID
CURRIMBHOY (MONTESSORI SCHOOL/DAY CARE CENTER) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Alderman Mlinar moved to approve the conditional use permit and to
waive reading and adopt Resolution No. 7987. The motion was sec-
onded by Alderman Carls and unanimously carried.
(h) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE NO. 466,
SECTION 4.25 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
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FEBRUARY 26, 1985
Following discussion, the motion was made by Alderman Mlinar to ap-
prove the subdivision ordinance amendment. Alderman Torgerson sec-
onded the motion, and it carried unanimously.
(i) CONSIDERATION OF PARKING LOT SURFACING AND DRAINAGE AT CIVIC ARENA
AND NEW RECREATION FACILITY
After discussion of the parking lots at the Civic Arena and new
recreation facility, the motion was made by Alderman Torgerson to
authorize going ahead with the plans and specifications and issue
the permit. The motion was seconded by Alderman Carls and carried
unanimously.
(j) CONSIDERATION OF AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND
PUBLISHERS CONTRACT (REQUESTED BY CITY ATTORNEY)
Following a report from the City Attorney regarding copyrighted
music being played over the Civic Arena speakers, it was moved by
Alderman Torgerson to play non-ASCAP music at the Civic Arena in
the future. Alderman Mlinar seconded the motion, and it unani-
mously carried.
(k) CONSIDERATION OF SETTLEMENT OF PARKING APPEALS (REQUESTED BY CITY
ATTORNEY)
City Attorney Schaefer explained the procedure to be implemented
for settlement of the parking appeals. No action was taken.
(1) CONSIDERATION OF COMPENSATION TIME (REQUESTED BY ALDERMAN PAT
MIKULECKY)
Lengthy discussion was given to the topic of compensation time, how
it was accumulated and used by salaried employees. Alderman Miku-
lecky moved that all compensation time for salaried employees be
recorded and turned in to the City Administrator on a monthly
basis. The motion was seconded by Alderman Torgerson and failed,
with Alderman Mikulecky voting aye and Aldermen Carls, Mlinar and
Torgerson and Mayor Stearns voting nay.
(m) CONSIDERATION OF ENGINEER'S REPORT AND SETTING HEARING ON
IMPROVEMENT PROJECT NO. 85-01-38
Following discussion, it was moved by Alderman Mikulecky, seconded
by Alderman Torgerson, to approve the engineering report, set the
public hearing for March 26, 1985 at 8:00 P.M., and to waive read-
ings and adopt Resolutions No. 7985 and No. 7986. Motion carried
unanimously.
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10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reminded the Council members of the lunch-
eon to be held on March 1 honoring retiring Utilities Commissioner
Herb Filk.
Mr. Plotz requested approval for renewal of the M.O.C.A. Auxiliary
of the V.F.W. gambling license. Alderman Mlinar moved to approve
and issue a gambling license. Alderman Mikulecky seconded the mo-
tion, and it carried unanimously.
(b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls inquired about the status of Al Kamrath's request
for a police officer to be present during the distribution of
cheese from the Elks Lodge, starting with the March distribution
date. It was reported that an officer would be available at no
charge.
(c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar inquired about a booklet on adopted city policies
and requested a copy of the policies for the Thursday night Council
meeting.
(d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky suggested that salaried employees prepare a list
of areas requiring compensation time and areas where the policy
could be changed to reduce over -time.
(e) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Schaefer reported the parties involved with the air-
port drainage ditch problem wished to know the status of the situa-
tion.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mlinar, seconded by Alderman Tor-
gerson, to approve the claims and authorize payment from the ap-
propriate funds. Motion carried unanimously.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 12;03 A.M.
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