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08-14-1984 CCMA M MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 14, 1984 1. The meeting was called to order by Vice -Mayor Carls at 7:30 p.m. The following were present: Alderman John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky and Vice -Mayor Michael Carls. Absent: Mayor Robert Stearns. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe and City Attorney James Schaefer. 2. INVOCATION The invocation was given by Reverend Larry Bauman. 3. MINUTES Alderman Mikulecky made a motion that the tape recording of item 8(d) of the July 24, 1984, City Council meeting - Discussion of Use of City Vehicle - be entered into the minutes. There being no second to the motion, it failed. Motion was made by Alderman Torgerson and seconded by Alderman Mlinar to approve the minutes as written. Motion carried 3 to 1, with Alderman Mikulecky opposed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. Building Official's Report - July 1984 2. Nursing Home Board Minutes dated June 21, 1984 3. Parks and Recreation Board Minutes dated May 2, 1984 and May 30, 1984 There being no discussion, the report and minutes were ordered by the Vice -Mayor to be received for filing. (b) RESOLUTION NO.,'7828 - RESOLUTION TO PURCHASE Motion was made by Alderman Mikulecky, seconded by Alderman Torgerson and carried unanimously to waive reading and adopt Resolution No. 7828. (c) RESOLUTION NO. 7829 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Motion was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously to waive reading and adopt Resolution No. 7829. (d) CONSIDERATION OF APPOINTMENT OF MILDRED NELSON TO HRA BOARD Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to ratify appointment of Mildred Nelson for a 5 year term to the HRA Board. C:�: f COUNCIL MINUTES AUGUST 14, 1984 (e) CONSIDERATION OF RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR MCLEOD COUNTY FAIRGROUNDS BEER GARDEN AUGUST 17-21, 1984 Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to approve application and issue license. (f) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY EASTERN STAR AUGUST 17-21, 1984 Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to approve application and issue license. 5. PUBLIC HEARING - 8:00 P.M. (a) OUNS:ZERATION OF ISSUING INDUSTRIAL DEVELOPMENT REVENUE BONDS TO AG SYSTEMS, INC. Vice -Mayor Carls opened the hearing at 8 p.m. City Attorney Schaefer stated that a public hearing was held by McLeod County on August 7, since the project is outside the city limits. He further stated that Ag Systems has submitted all required documents and they have been reviewed and found in order. The issuance of Industrial Development Revenue bonds places no liability on the city, but rather gives tax exempt status to the financing. City Administrator Plotz reported that in the opinion of Charles Bailly & Company, Certified Public Accountants, the company's current position is adequate to support the $600,000 additional debt of the bonds. There was no one present to be heard so the hearing was closed at 8:05 p.m. on a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. Motion was made to approve issuing Industrial Development Revenue Bonds to Ag Systems, Inc. and to waive reading and adopt Resolution No. 7830, by Alderman Mlinar. Motion was seconded by Alderman Mikulecky and carried unanimously. (b) ASSESSMENT ROLL NO. 197 - PROJECT NO. 84-04 Vice -Mayor Carls opened the hearing. There being no one present to be heard, the hearing was closed on a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. Motion was made by Alderman Torgerson to approve assessment roll and adopt Resolution No. 7831. Motion seconded by Alderman Mikulecky and carried unanimously. -2- COUNCIL MINUTES AUGUST 14, 1984 (c) ASSESSMENT ROLL NO. 198 - PROJECT NO. 84-05 Vice -Mayor Carls opened the hearing. City Engineer Priebe reported that of the total cost of the improvement ($52,375.62) about $17,000 is assessable. There being no one present,to be heard, the hearing was closed on a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. A motion was made by Alderman Torgerson to approve the assessment roll and waive reading and adopt Resolution No. 7832. Motion seconded by Alderman Mlinar and carried unanimously. (d) ASSESSMENT ROLL NO. 199 - PROJECT NO. 84-07 Vice Mayor Carls opened the hearing. There being no one present to be heard, the hearing was closed on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. Motion was made by Alderman Mikulecky, seconded and carried unanimously to approve the assessment roll and waive reading and adopt Resolution No. 7833. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CITY FORESTER TO ATTEND ARBORICULTURAL CONFERENCE SEPTEMBER 19-21, 1984 Following discussion, motion was made by Alderman Mikulecky, seconded by Alderman Torgerson and carried unanimously to approve request to attend conference. (b) CONSIDERATION OF CUSTOMER COURTESY PARKING TICKET (PRESENTATION BY DICK MCCLURE) Mr. McClure spoke on behalf of the Downtown Retail Association and Chamber of Commerce requesting that the City Council amend the parking regulation for off-street parking to allow all -day permits for downtown business customers who require more than 3 hours parking time for special functions. The permits would be administered by the Chamber of Commerce. This would be similar to special parking permits that were used when parking meters were still in effect. It could be done on a 3 to 6 month trial basis. Alderman Mlinar moved to grant the request and have City Attorney prepare a resolution incorporating the details of the request. Motion was seconded by Alderman Torgerson and carried unanimously. (c) CONSIDERATION OF REQUEST FOR FIRE MARSHALL TO ATTEND EMPLOYEE RIGHT TO KNOW WORKSHOP ON AUGUST 21, 1984 After discussion, motion was made by Alderman Mlinar,_seconded by Alderman Torgerson to approve the request. Motion carried unanimously. -3- COUNCIL MINUTES AUGUST 14, 1984 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/84 - AN ORDINANCE TO VACATE A PORTION OF HASSAN STREET BETWEEN FIRST AVENUE S.E. AND WASHINGTON AVENUE EAST Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to waive second reading and adopt Ordinance No. 694. (b) ORDINANCE NO. 17/84 - AN ORDINANCE AMENDING ORDINANCE NO. 464 ZONING REGULATIONS OF THE CITY OF HUTCHINSON, SECTION 8, SUBDIVISION SECTION 8.03, R-2 MULTIPLE FAMILY RESIDENCE DISTRICT Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to waive second reading and adopt Ordinance No. 695. (c) ORDINANCE NO. 18/84 - AN ORDINANCE AMENDING ORDINANCE NO. 464 ZONING REGULATIONS OF THE CITY OF HUTCHINSON, SECTION 9, TABULATION - DIMENSIONAL REQUIREMENTS FOR ZONING DISTRICTS. Motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously to waive second reading and adopt - Ordinance No. 696. (d) RESOLUTION NO. 7834 - RESOLUTION SETTING ELECTION, TIME, PLACE LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR STATE PRIMARY ELECTION AND STATE GENERAL ELECTION. After discussion, motion was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously to waive reading and adopt Resolution No. 7834. Text will read: "All Polling Places Will Be In the "New" Armory." 8. UNFINISHED BUSINESS (a) CONSIDERATION OF INTEREST RATE ON 1984 BOND ISSUE (DEFERRED JULY 24, 1984) There was discussion of whether any delinquencies on assessments should be made up through higher interest rate on improvement bonds or by ad valorem taxes, since either method is legal. Consensus of the Council was that the ad valorem method is preferred. Following this discussion, motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously to set the interest rate on the 1984 improvement bond issue at 8.4%. (b) CONSIDERATION OF SCHOOL BUS PARKING AT ELEMENTARY SCHOOL (DEFERRED 6-11-84) Police Chief O'Borsky stated he would discuss the enforcement of the parking ordinance with school authorities to develop reasonable guidelines in dealing with parking by residents of the affected street. Motion was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously to waive first reading of school bus parking ordinance and set second reading for August 28, 1984. -4- COUNCIL MINUTES AUGUST 14, 1984 (c) CONSIDERATION OF ESTABLISHING DATES FOR COUNCIL BUDGET MEETINGS Meeting dates of August 20, 23, 29 and September 24 were approved on a motion by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF FAULTY STORM SEWER AT GOEBEL FIXTURE COMPANY In response to communication from Goebel Fixture Company, 11, City Engineer Priebe responded that the storm sewer capacity in the area is too small. It could be remedied by building an auxiliary line from Roberts Road/Kay Street to Lake Street. Some properties in the area have been assessed for trunk lines only and lateral line would still be assessable. It had been considered to make this improvement in the future when Roberts Road might need to be resurfaced rather than to do it as a separate project. However, additional development in the area has exaggerated the drainage problem recently. Motion was made by Alderman Mlinar that staff study the area and present alternatives for solving the problem in a report. Motion was seconded by Alderman Torgerson and carried unanimously. City Administrator Plotz was directed to send Goebel's a letter of explanation. (b) CONSIDERATION OF REQUEST BY FIRST NATIONAL BANK, HUTCHINSON, TO CHANGE ALLEY BETWEEN THIRD AND FOURTH AVENUE TO TWO-WAY TRAFFIC. City Administrator Plotz reported that the bank's building project including drive -up banking facility will make a change in the one-way traffic pattern adopted earlier. This could be alleviated by ending the one-way restriction a block farther north than is presently in effect. Motion was made by Alderman Mikulecky to waive first reading of Ordinance No. 20/84 Amending Section 710:00 of the 1974 Ordinance Code df the City of Hutchinson, Entitled One -Way Traffic, and to set second reading for August 28, 1984. Motion was seconded by Alderman Torgerson and carried unanimously. (c) CONSIDERATION OF APPLICATION FOR GAMBLING DEVICES LICENSE SUBMITTED BY ST. ANASTASIA CATHOLIC CHURCH Motion was made by Alderman Mlinar, seconded by Alderman Torgerson, and carried unanimously to approve application and issue license. -5- COUNCIL MINUTES AUGUST 14, 1984 (d) CONSIDERATION OF APPLICATION FOR BINGO LICENSE SUBMITTED BY ST. ANASTASIA CATHOLIC CHURCH Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to approve application and issue license. (e) CONSIDERATION OF SET-UP LICENSE FOR CROW RIVER COUNTRY CLUB Police Chief O'Borsky stated that the State of Minnesota would allow the issuance of a setup license by the City. The Country Club has traditionally provided setups but the question of a license has not been addressed previously. City Attorney Schaefer reported he has had inquiry concerning setups and Sunday liquor from a bottle club. The question appears to be one of allowing serving of liquor on Sunday in public. After discussion, motion was made by Alderman Mlinar to defer the request until the next meeting. On a roll call vote, Aldermen Mlinar, Mikulecky and Torgerson voted "yes", Vice - Mayor Carls voted "no". Motion carried. (f) CONSIDERATION OF SUBDIVISION AGREEMENT FOR CLOUSE ADDITION After discussion, motion was made by Alderman Torgerson to approve subdivision agreement. Motion was seconded by Alderman Mikulecky and carried unanimously. (g) CONSIDERATION OF CITY CUTTING WEEDS AT HERITAGE CENTER SITE ON HIGHWAY 7 WEST (REQUESTED BY HERITAGE CENTER PROMOTERS) City Administrator Plotz stated that the McLeod County Historical Society has requested that the City cut the grass on the right of way and 25 feet in from the property line at the Heritage Center site. After discussion, motion was made by Alderman Mlinar to approve the request for grass cutting for the remainder of 1984 and through the 1985 season. Motion was seconded by Vide-Mayor%`Carls. Motion was subsequently amended by Alderman Torgerson, seconded by Alderman Mikulecky to provide mowing for the remainder of 1984 only. Amendment carried with Alderman Mlinar voting "no". The motion to provide mowing for 1984 then carried unanimously. (h) CONSIDERATION OF USE OF LIBRARY SQUARE FOR FOOD CONCESSION ON SEPTEMBER 14-15, 1984, BY HUTCHINSON AMBASSADORS Motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, and carried unanimously to approve the request. rem COUNCIL MINUTES AUGUST 14, 1984 (i) CONSIDERATION OF EMPLOYING PART TIME ACTIVITIES SUPERVISOR AT SENIOR CENTER Request was made by Carol Haukos and Barb Haugen that September Davidson be employed for 20 hours a week to the end of 1984 as activities supervisor. Request for 1985 employment may be considered later with 1985 budget request. Motion to approve 1984 employment was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously. (j) CONSIDERATION OF SETTING PUBLIC HEARING FOR ASSESSMENT ROLLS NO. 187 AND No. 188 FOR MAC'S BLUFF ADDITION After discussion, motion was made by Alderman Torgerson to approve and set public hearings for August 28, 1984, at 8:00 p.m. Motion was seconded by Alderman Mlinar and carried unanimously. Motion was made to waive reading and adopt Resolutions No. 7835 and No. 7838 by Alderman Mlinar. Motion was seconded by Alderman Torgerson and carried unanimously. (k) CONSIDERATION OF ADDITIONAL MINOR LANDSCAPING IMPROVEMENTS TO OLD WIGEN AND PLOWMAN PARKING LOTS (PRESENTATION BY DICK MCCLURE OF COMMUNITY DEVELOPMENT BEAUTIFICATION COMMITTEE) The recommendation of the Beautification Committee is that trees, lights, and changes in curbing and sidewalk be provided Whet( the parking lots are paved. City Engineer Priebe commented that bids were taken for the paving on August 13, 1984, and that it might be necessary to delay awarding bids until it is known whether the changes will add to the cost. The request for landscaping improvements was approved on a motion by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that the schedule for budget meetings is being set up. He reminded the Council of the City Picnic scheduled for August 22. He reported progress on the Frank Fay project and on the revenue sharing audit. (b) COMMUNICATIONS FROM DIRECTOR OF -ENGINEERING Engineering Director Priebe reported that all businesses have responded to the questionnaire which the City sent them concerning sidewalk needs with the exception of James Swanke of Swanke Motors. He recommended that the City Attorney contact Swanke. Motion was made by Alderman Mlinar, seconded by Alderman Mikulecky i - and carried unanimously to direct the City Attorney to contact James Swanke concerning the sidewalk question. -7- COUNCIL MINUTES AUGUST 14, 1984 (b) (continued) Engineering Director Priebe reported he has had contact with the City of Owatonna regarding the experimental CCBA sewer project being proposed for Owatonna and Hutchinson. The PCA will not fund such a project but recommends the two communities should join forces to study the project and that a MN registered engineer should submit a report. Presently Owatonna is interviewing engineers, and Engineer Priebe requests to sit in on the interview process. Motion was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously to authorize Engineer Priebe to sit in on Owatonna's interviews. Engineer Priebe further reported that the question of the easement on the Benjamin property is in Attorney Schaefer's hands for continued negotiation. (c) COMMUNICATIONS FROM CITY ATTORNEY SCHAEFER Attorney Schaefer reported that he is obtaining estimates for the codification of ordinances. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky requested that public facilities building materials be in a future packet. (e) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar requested an update on the Bretzke garage and was advised by City Administrator Plotz thatthe owners of.the property have�rec-eived_no bids for demolition to date but will work on it in coming weeks. (f) COMMUNICATIONS FROM VICE -'MAYOR MIKE CARLS Vice -Mayor Carls requested that the City Administrator write a letter to Congressman Vin Weber to be signed by the Council, informing him regarding the CCBA treatment status and requesting that he use his clout to find experimental funds for this project. The request was made a motion by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS After discussion, motion was made by Aldmerman Mlinar, seconded by Alderman Torgerson and carried unanimously to approve claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:05 p.m. a