09-24-1985 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 24, 1985
1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow-
ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar-
lin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also
present: City Administrator Gary D. Plotz, Director of Engineering Marlow V.
Priebe, and City Attorney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Larry Baumann.
3. MINUTES
The minutes of the regular meeting of September 10, 1985 were approved as
amended, and the minutes of the special meeting of September 11, 1985 were
approved as distributed.
The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to
amend the September 10, 1985 minutes, item 6-E, for the motion to read:
"Following discussion, Alderman Torgerson moved to pay the invoice from E.
J. Pinske for $295,450, based on the recommendation of the City Attorney.
Motion seconded by Alderman Mlinar an unanimously carried." Motion
unanimously carried.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - AUGUST 1985
2. AIRPORT COMMISSION MINUTES DATED AUGUST 20, 1985
3. LIBRARY BOARD MINUTES DATED SEPTEMBER 4, 1985
4. PLANNING COMMISSION MINUTES DATED AUGUST 20, 1985
5. HOSPITAL BOARD MINUTES DATED AUGUST 20, 1985
Mayor Stearns ordered the minutes to be filed.
(b) CONSIDERATION OF APPOINTMENT TO AIRPORT COMMISSION
1. DOUG MCGRAW - 5 -YEAR TERM
2. JOHN MILLER - 5 -YEAR TERM
The motion was made by Alderman Carls, seconded by Alderman Mlinar, to
ratify the appointments to the Airport Commission. Motion carried
unanimously.
CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
(c) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE BY JOHN R.
STARK, SR.
Alderman Mlinar moved to approve the request. Motion seconded by Ald-
erman Mikulecky and unanimously carried.
(d) CONSIDERATION OF GAMBLING LICENSE APPLICATION BY HUTCHINSON BASEBALL
ASSOCIATION
This item was withdrawn from the agenda.
5. PUBLIC HEARING - 8:00 P.M.
(a) ADOPTION OF INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE
Mayor Stearns called the hearing to order at 8:00 P.M.
City Administrator Plotz explained why it would be necessary to re-
schedule the hearing to November.
The motion was made by Alderman Torgerson to close the hearing at 8:01
P.M. Alderman Mlinar seconded the motion and unanimously carried.
Alderman Torgerson moved to reschedule the public hearing for November
26, 1985 at 8:00 P.M. Motion seconded by Alderman Mlinar and carried
unanimously.
(b) IMPROVEMENT PROJECT NO. 86-03
Mayor Stearns called the public hearing to order at 8:02 P.M.
City Engineer Priebe reviewed the costs for the project.
Mr. Michael Olson, 670 Southview, inquired about the assessment for a
park and if it would be assessed the same as for home owners. He was
informed the City pays this cost.
Mr. Richard Schmidtbauer, 120 Century Avenue, asked what the average
cost would be. He stated the original assessment was not paid yet, and
he felt the street was not in need of repair. City Engineer Priebe
stated the other properties paid their assessments about seven years
ago. Only Mr. Schmidtbauer's area was being assessed at this time be-
cause the assessments were deferred.
Mr. John Peterson, 725 Sunset, inquired if the assessment would be bas-
ically the same per foot frontage as what was quoted by the Engineer.
The answer was "yes."
Mr. Clifford Popp, 902 Hassan S., asked if an area on Hassan Street was
overlay or dug out. Engineer Priebe responded it was a 1-1/2" overlay
except where it was patched. Mr. Popp reported a problem with car
bumpers hitting the street when backing out of driveways. He asked the
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
City Engineer to look at the street in front of his house to determine
what could be done about the dragging. The Engineer stated the problem
was caused by a reduced setback.
Mr. Ivan Larson, 665 Southview Drive, inquired if the curb would be re-
placed at the property owner's expense or the City's, and how it would
match.
Mr. Larry Lange, 948 Jorgenson, asked what the street load limit would
be. He inquired how trucks could be kept off the street. The Mayor
stated the City was in the process of establishing truck routes.
Ms. Lucille Arlt, 612 Second Avenue S.W., inquired when the project
would begin.
Mr. Duane Jindra, 334 Larson Street S.W., asked if the estimate was
broken down by street and if that was the cost for the previous prop-
erty owners. The City Engineer commented that the overlay cost was
figured separately street by street, and the cost estimate was on a
front foot basis.
Alderman Torgerson moved to close the hearing at 8:26 P.M. Motion sec-
onded by Alderman Carls and unanimously carried.
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Carls, to approve project 86-03, with only grading and curb
for the Civic Arena parking lot, to order the preparation of plans and
specifications, and to waive reading and adopt Resolution No. 8129.
Motion carried unanimously.
(c) CONSIDERATION OF 1986 CITY BUDGET
Mayor Stearns called the hearing to order at 8:28 P.M.
City Administrator Plotz commented on the City budgeting process. The
Finance Director, Kenneth B. Merrill, reported on the different areas
and departments of the budget.
Alderman Mlinar moved to close the hearing at 8:34 P.M. Motion sec-
onded by Alderman Torgerson and unanimously carried.
Alderman Pat Mikulecky presented a revised proposal for further cuts
in the 1986 general fund budget. Following extensive discussion, the
motion was made by Alderman Mlinar to cut $10,000 from the proposed bud-
get for the Park Department's new full-time employee and $5,000 from
the street maintenance/streets and alleys budget. Motion seconded by
Alderman Carls and carried unanimously.
Alderman Torgerson moved to waive reading and adopt the revised Reso-
lution No. 8124. Motion seconded by Alderman Mlinar and carried four
to one, with Alderman Mikulecky voting nay.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
It was moved by Alderman Carls, seconded by Alderman Mlinar, to amend
the motion for the previously adopted Resolution No. 8124 to reflect
the reduction in taxes of $15,083 and to set the final 1986 City bud-
get at $3,487,967. Motion carried four to one, with Alderman Mikulecky
voting nay.
The motion was made by Alderman Mlinar to waive reading and adopt Reso-
lution No. 8125. Motion seconded by Alderman Carls and unanimously
carried.
Alderman Mlinar moved to waive reading and adopt Resolution No. 8126.
Motion seconded by Alderman Torgerson. The motion was amended by Ald-
erman Carls to reflect a reduction of $15,083 in the 1986 tax levy.
Motion seconded by Alderman Mlinar and amended motion carried four to
one, with Alderman Mikulecky voting nay. The main motion carried four
to one, with Alderman Mikulecky voting nay.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY:
1. KLOCKMANN PROPERTY
City Attorney Schaefer reported a hearing date had been set for Octo-
ber 3, 1985.
2. GUTORMSON PROPERTY
It was reported by the City Attorney that two bids ($670 and $1,200)
for proposals to remove the building had been received.
(b) CONSIDERATION OF REQUEST BY PERSONNEL COORDINATOR TO ATTEND PAY EQUITY
CONFERENCE OCTOBER 17-19 AND TRANSIT CONFERENCE OCTOBER 28-30
Alderman Mlinar moved to approve the request. Motion seconded by Ald-
erman Mikulecky and carried unanimously.
(c) REPORT ON RECREATIONAL FACILITY BY CHAIRPERSON BARRY ANDERSON
Chairperson Barry Anderson reported the building committee had met with
all parties involved in construction of the recreational building to
discuss the siding problem. The contractor had installed 2 X 2 pieces
of wood between the metal and side of building, which had flattened out
the indentations. He felt the problem was being resolved.
It was further reported that the proposed opening date for the recrea-
tional facility would be December 1 due to the inclement weather.
(d) CONSIDERATION OF REQUEST FOR DEFERRED ASSESSMENT
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
lecky, to approve the deferral for Selda E. Hantge (W 1/2 of Lot 12,
Bonniwell's Second Addition, Subd. of Block 18). Motion unanimously
carried.
(e) UPDATE AND QUESTION/ANSWER SESSION ON REGION 6E WITH EUGENE HIPPE
Eugene Hippe and Bob Overby of Region 6E explained the operation of
their office and the services available to the cities within their jur-
isdiction.
(f) REPORT BY POLICE DEPARTMENT BUILDING COMMITTEE
Chairperson Chad Piehl reported the proposed city property on Highway 7
East would be a suitable site for a new police station. The estimated
cost of a new structure was $1,088,560, which posed a problem for fi-
nancing. It was suggested that public or private financing be con-
sidered.
Architect Robert Lambert presented a printed report on the proposed
police station.
Mayor Stearns suggested that the building committee refine its pro-
posal and costs and present a revised recommendation to the Council.
(g) DISCUSSION OF STATUS OF GREENCASTLE PROJECT
President Newell Weed presented an update report on the Greencastle
project. He requested a Resolution authorizing right of access to the
land which is under an option to purchase between the City and Retire-
ment Living.
Following discussion, Alderman Mlinar moved to waive reading and adopt
Resolution No. 8131. Motion seconded by Alderman Torgerson and carried
unanimously.
(h) CONSIDERATION OF REQUEST FROM HUTCHINSON COMMUNITY HOSPITAL TO PURCHASE
AUTOMATIC X-RAY FILM PROCESSOR
After discussion, it was moved by Alderman Mlinar, seconded by Alder-
man Carls, to approve the purchase of an automatic x-ray film processor
for $13,050 from Northern X -Ray Company. Motion unanimously carried.
(i) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND FINANCE
OFFICERS CONFERENCE OCTOBER 23-25, 1985
The motion was made by Alderman Carls to approve the request. Motion
seconded by Alderman Mlinar and carried unanimously.
(j) CONSIDERATION OF REQUEST BY GOPHER CAMPFIRE FOR CITY TO RUN WATER TO
WILDLIFE SANCTUARY
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
Mr. Bob Gehlen requested that the City extend the watermain into the
Gopher Campfire sanctuary to maintain the wildlife there. Their organ-
ization would pay $1,300 of the cost incurred, and City cost would be
$4,825.
Following discussion, Alderman Torgerson moved to approve the request
and proceed with the project. Motion seconded by Alderman Mlinar and
unanimously carried.
(k) CONSIDERATION OF REQUEST BY MARK MUCKENHIRN FOR STREET LIGHTING IN
FOURTH ADDITION TO LAKEWOOD TERRACE
After discussion, the motion was made by Alderman Carls, seconded by
Alderman Torgerson, to approve the request and refer it to the Utili-
ties Commission. Motion carried unanimously.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 8118 - A RESOLUTION REQUESTING APPOINTMENT OF MEMBERS TO
THE HUTCHINSON CHARTER COMMISSION
It was noted that Lyle Koehler would be unable to serve on a Charter
Commission, and the name of Walter Clay was submitted. Alderman
M1 i nar moved to waive reading and adopt Resolution No. 8118. Motion
seconded by Alderman•Caris and unanimously carried.
The motion was made by Alderman Mikulecky to direct the City Adminis-
trator to prepare a questionnaire for the nominees to include such
items as: 1) number of years a resident in City; 2) Vocation/Job; 3)
Qualifications; 4) Government Experience; and 5) Community Activities.
Motion seconded by Alderman Torgerson and unanimously carried.
(b) RESOLUTION NO. 8120 - RESOLUTION FOR PURCHASE
Alderman M 1 i nar moved to waive reading and adopt Resolution No. 8120.
Motion seconded by Alderman Mikulecky and carried unanimously.
(c) RESOLUTION NO. 8121 - TRANSFERRING $20,000 FROM LIQUOR STORE TO
GENERAL FUND
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
waive reading and adopt Resolution No. 8121 transferring $20,000 to the
general fund. Motion unanimously carried.
(d) RESOLUTION NO. 8122 - RESOLUTION RELATING TO CITY PERSONNEL AND
ESTABLISHING A BASIC PERSONNEL POLICY
Following extensive discussion, Alderman Carls moved to waive reading
and adopt Resolution No. 8122, with a change in Section 9: "Earned time
off shall accrue for not more than four weeks and establish policy that
compensatory time may not be combined with vacation time"; and in Sec -
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
tion 11: "Salaried employees may utilize ..., or a combination of va-
cation and compensatory time" be deleted, with the intent of the policy
to remain that in special situations where an individual wants to com-
bine compensatory time with vacation he/she may submit a written appeal
to the City Administrator. Motion seconded by Alderman Mlinar and car-
ried four to one, with Mayor Stearns voting nay.
(e) RESOLUTION NO. 8123 - RESOLUTION REQUESTING EXEMPTION FROM THE FAIR
LABOR STANDARDS ACT OVERTIME PAY REQUIREMENTS FOR LOCAL EMPLOYEES
It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive
reading and adopt Resolution No. 8123. Motion unanimously carried.
(f) RESOLUTION NO. 8127 - RESOLUTION CLARIFYING ASSESSMENTS, PROJECT
NO. 86-02
Alderman Torgerson moved to waive reading and adopt Resolution No.
8127. Motion seconded by Alderman Mikulecky and carried unanimously.
(g) RESOLUTION NO. 8128 - RESOLUTION SETTING ELECTION, TIME, PLACE
LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE CITY
GENERAL ELECTION
The motion was made by Alderman Torgerson, seconded by Alderman Carls,
to waive reading and adopt Resolution No. 8128. Motion unanimously
carried.
(h) RESOLUTION NO. 8130 - CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON
TO THE COUNTY OF MCLEOD
Discussion to delete one bi11 for refuse charges was rejected by the
Council and remained as listed. Alderman Torgerson moved to waive
reading and adopt Resolution No. 8130 certifying assessments. Motion
seconded by Alderman Mikulecky and carried unanimously.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF REQUEST TO RESTORE DRAIN SERVICE TO MAPLEWOOD
ACADEMY (DEFERRED SEPTEMBER 109 1985)
Director of Engineering Marlow Priebe reported on the drainage problem
at Maplewood Academy and recommended obtaining additional data. It was
moved by Alderman Torgerson to approve the engineer's report and to
continue the investigation. Motion seconded by Alderman Mlinar and
unanimously carried.
Engineer Priebe reported the overlay project No. 85-01-24 would not be
completed until 1986 due to adverse weather conditions. He recommended
the property owners on Ninth Avenue N.E., Peterson Circle, Bradford
Street, and part of Harrington Street be notified of the construction
delay and that payment be delayed one year, with new notices to be
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
mailed in 1986. Alderman Carls moved to notify the property owners for
the recommended account numbers and streets listed on the assessment
roll that the assessment would be delayed for one year, with a notice
to be mailed out in 1986. Motion seconded by Alderman Mlinar and
carried unanimously.
(b) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION FURNACE WARRANTY
It was reported that someone would be out to look at the furnace burn-
ers. The City Administrator was directed to request a report from
Korngiebel Architects for the next meeting.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Alderman Torgerson moved to authorize discontinuation of service at
noon on September 30 unless other arrangements had been made. Motion
seconded by Alderman Mlinar and unanimously carried.
(b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY QUENTIN LARSON
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH CONTINGENCY
Following discussion, it was moved by Alderman Mlinar, seconded by
Alderman Carls, to approve the permit and to waive reading and adopt
Resolution No. 8119. Motion carried unanimously.
(c) CONSIDERATION OF AMENDMENT TO SUBDIVISION AGREEMENT REQUESTED BY
MCDONALD'S OF HUTCHINSON
After discussion, Alderman Torgerson moved to approve the amended sub-
division agreement, with the stipulation presented by the Planning Com-
mission to the City Council. Motion seconded by Alderman Carls and
unanimously carried
(d) CONSIDERATION OF ISSUANCE OF EQUIPMENT CERTIFICATE
Finance Director Merrill reported on the equipment certificate. The
motion was made by Alderman Carls to approve the issuance. Alderman
Mlinar seconded the motion, and it carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported today was the closing for filings for
office. Two individuals had filed for Mayor and four for Alderman.
Today Sherry Bethke informed the City the Victorian Inn project would
not be using industrial revenue bond financing since they were forming
a limited partnership
CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
It was reported the City staff was working on a UDAG grant.
Mr. Plotz made reference to the correspondence regarding the County's
action on the joint study for ditch 18.
An application for a cigarette license was received from Clayton Shoutz
for 7 -West Wash & Dry. The motion was made by Alderman Torgerson, sec-
onded by Alderman Mlinar, to approve and issue the license. Motion
unanimously carried.
(b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls inquired about repairs or changes on the overlay project
on Harrington Street.
(c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky commented on a street (Northwoods) that didn't
receive overlay. The City Engineer reported on the 1965 improvements
on the east end of Northwoods. He stated 1986 would be the earliest a
project could be done in that area, but he could prepare a report for
the next meeting and start proceedings on it. Alderman Mikulecky di-
rected Engineer Priebe to write a letter to the property owner for a
written statement of what he wants done on the street.
An inquiry was made by Alderman Mikulecky as to the status of the First
State Federal project. He pointed out that gravel was piled in the
Plowman parking lot. Engineer Priebe stated the City parking lot was
being used on a day-to-day basis.
Alderman Mikulecky inquired when the Wigen parking lot would be sur-
faced. It was reported that the contractor had requested an extension
on the completion date for both the Wigen and Plowman off-street park-
ing lots. The excavation and gravel base would be done this fall, and
installation of curb and gutter and bituminous surfacing would be com-
pleted early 1986. Following discussion, Alderman Torgerson moved to
grant the extension on the completion date for the Wigen and Plowman
off-street parking lots. Motion seconded by Alderman Mikulecky and
carried unanimously.
The City Attorney was asked to address the five requests received for a
Sunday liquor referendum on the November 5 election ballot. Attorney
Schaefer stated it must be done according to the Minnesota Statutes.
After discussion, the motion was made by Alderman Mikulecky, seconded
by Alderman Torgerson, to put the question of Sunday liquor on the No-
vember 5 ballot as requested by the American Legion, V.F.W., Victorian
Inn, Crow River Country Club, and the Gold Coin. The motion failed,
with Aldermen Torgerson and Mikulecky voting aye and Aldermen Carls,
Mlinar and Mayor Stearns voting nay.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1985
(d) COMMUNICATIONS FROM CITY ATTORNEY JAMES SCHAEFER
City Attorney Schaefer reported the City was successful in being award-
ed 100 percent of the damages incurred from a car accident with the
Hutchmobile. Upon receipt of payment from the insurance company, the
small claims court action will be released.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, seconded by Alderman Mlinar,
to approve the claims and authorize payment from the appropritae funds.
Motion unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 11:37 P.M.
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