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.
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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.
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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.
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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.
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(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.
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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.
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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.
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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