06-26-2001 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JUNE 26,2001
1. CALL TO ORDER- 5:30 P.M.
Mayor Torgerson called the meeting to order at 5:30 p.m. Council members Jim Haugen, John
Mlinar, Kay Peterson and Duane Hoversten were present. Others present were Gary Plotz, City
Administrator, John Rodeberg, Director of Engineering/Public Works, and City Attorneys Marc
Sebora and Richard Schieffer.
2. INVOCATION - Rev. Randy Chrissis of Christ the King Lutheran Church gave the invocation.
3. MINUTES
(a) REGULAR MEETING OF JUNE 12,2001
The minutes were approved as presented.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PARKS, RECREATION, AND COMMUNITY EDUCATION ADVISORY BOARD
MINUTES OF MAY 3,2001
2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR
BOARD MEETING MINUTES OF MAY 15,2001
3. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES OF APRIL 19,
2001
4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2001
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 11753 - RESOLUTION ADOPTING REVISED ASSESSMENT
FOR ASSESSMENT ROLL NO. 5050, LETTING NO.4, PROJECT NOS. 01-07/01-
08/01-10 (GROVE STREET NW, THOMAS AVENUE SW AND SHERWOOD
STREET SE)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF A VARIANCE REQUEST TO REDUCE THE SIDE YARD
SETBACK FROM 6' TO l' FOR THE CONSTRUCTION OF A NEW GARAGE AS
REQUESTED BYMARKREINARTS LOCATED AT 446 GLEN STREET SWWITH
DENIAL RECOMMENDED BY THE PLANNING COMMISSION
2. CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A
GARAGE 3' FROM THE SIDE PROPERTY LINE AS REQUESTED BY MARK
REINARTS LOCATED AT 446 GLEN STREET SW WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION
NO. 11741)
3. CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE A PRIMARY
BUILDING (10' X 12') ON A LOT THAT IS ZONED C-5 AS REQUESTED BY
CROW RIVER VETERINARY CLINIC LOCATED AT 1644TH AVENUE NW WITH
FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT
RESOLUTION NO. 11742)
4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A
CITY COUNCIL MINUTES - JUNE 26, 2001
CHIROPRACTIC OFFICE ON A LOT THAT IS ZONED C-5 AS REQUESTED BY
GUY CASPERS AND LOCATED AT 103 3RD AVENUE NWWITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION
NO. 11743)
5. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS JACOB'S
FIRST ADDITION LOCATED EAST OF JAMES STREET AND NORTH OF 3RD
AVENUE NW AS REQUESTED BY GUY CASPERS WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION
NO. 11744)
6. CONSIDERATION OF A CONDITIONAL USE PERMIT TO MOVE THE
CHAMBER OF COMMERCE BUILDING FROM THE PRESENT LOCATION TO
145 GLEN STREET SW AS REQUESTED BY RICH WESTLUND WITH
FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT
RESOLUTION NO. 11745)
7. CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A POLE
CONSTRUCTED BUILDING IN AN 1-2 DISTRICT AND A VARIANCE TO
DECREASE THE REQUIRED SIDE YARD SETBACK FROM 20' TO 10' AS
REQUESTED BY NRG, LLC LOCATED AT 1025 5TH AVENUE SE WITH
FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT
RESOLUTION NO. 11746)
8. CONSIDERATION OF A LOT SPLIT FOR PROPERTY LOCATED AT 1150 13TH
AVENUE NW AS REQUESTED BY HAZEL DANIELS WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION
NO. 11747)
9. CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 6'
PRIVACY FENCE IN THE FRONT YARD AS REQUESTED BY LEONARD
FISCHER LOCATED AT 850 WALNUT STREET NE WITH FAVORABLE
RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION
NO. 11748)
(d) APPLICATION FOR OFF-SALE NON-INTOXICATING LIQUOR LICENSE FOR TWIN
CITIES A V ANTI STORES, LLC, DOING BUSINESS AS TOTAL MART
(e) APPLICATION FOR RETAIL TOBACCO LICENSE FOR TWIN CITIES AVANTI
STORES, LLC, DOING BUSINESS AS TOTAL MART
(f) REQUEST TO SET THE DATE FOR THE 27TH ANNUAL CITY APPRECIATION
PICNIC FOR WEDNESDAY, AUGUST 22, 2001
(g) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO.1, LETTING NO.3,
PROJECT NO. 01-09
(h) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO.2, LETTING NO.6,
PROJECT NO. 00-17
Motion by Haugen, second by Mlinar, to approve the consent agenda. The mayor asked for
a clarification of the staff recommendation for item4(C)9. The motion passed unanimously.
5. PUBLIC HEARING - 6:00 P.M. - NONE
6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE
7. UNFINISHED BUSINESS
(a) DISCUSSION OF EASEMENT ACQUISITION FOR SOUTH GRADE ROAD TRUNK
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CITY COUNCIL MINUTES - JUNE 26, 2001
(LETTING NO.5/PROJECT NO. 01-18) (DEFERRED FROM JUNE 12,2001)
Mr. Rodeberg explained the easement acquisition and the associated improvement project to
the Council. In most cases, the pieces of property on which easement are to be acquired are
relatively small. This project includes a large trunk sewer line that will serve the southwest
area of the City. The lme will run on the north side of the road in the ditch area for most of
the project. The road in this area will be retained in a rural state, similar to what currently
exists.
Motion by Hoversten, second by Mlinar, to approve the easement acquisition process. The
motion passed unanimously.
8. NEW BUSINESS
(a) CONSIDERATION OF RESOLUTION NO. 11754 A SPONSORING UNIT OF
GOVERNMENT RESOLUTION REGARDING THE CEDAR CREST PROJECT
SUBMITTED TO THE SOUTHWEST MINNESOTA FOUNDATION'S PARTNERSHIP
WITH THE STATE OF MINNESOTA CHALLENGE LOAN PROGRAM
Ms. Roz Ewald of Cedar Crest explained that the resolution is in to express City support
required for the grant funding that Cedar Crest has received from the Southwest Minnesota
Foundation.
Motion by Mlinar, second by Haugen, to approve Resolution No. 11754. The motion passed
unanimously.
(b) LETTING NO.1, PROJECT NO. 01-01 (MUNICIPAL STATE AID PROJECT NO. 133-
117-11/SCHOOL ROAD SW)
· RESOLUTION NO. 11749 - RESOLUTION ORDERING PREPARATION OF
REPORT ON IMPROVEMENT
· RESOLUTION NO. 11750 - RESOLUTION RECEIVING REPORT, WAIVING
HEARING AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS
AND SPECIFICATIONS
· RESOLUTION NO. 11751 - RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
Mr. Rodeberg explained the improvement project that includes resurfacing of School Road
South. This project will be paid for 100% by State Aid funding. Bids will not be taken for
the project for approximately 3 to 4 weeks.
Motion by Peterson, second by Hoversten, to approve Resolution No. 11749, Resolution No.
11750, and Resolution No. 11751. The motion carried unanimously.
(c) RESOLUTION NO. 11752 - RESOLUTION ACCEPTING BID AND AWARDING
CONTRACT FOR LETTING NO.5, PROJECT NO. 01-18 (SOUTH GRADE ROAD)
Mr. Rodeberg noted that the contractor recommended to be awarded the bid for this project
has not worked previously in the City. He stated that the references have been checked and
the recommendations received have been stellar.
Motion by Mlinar, second by Haugen, to approve Resolution No. 11752. The motion carried
unanimously.
(d) CONSIDERATION OF THE PURCHASE OF A COMBINATION SEWER
MAINTENANCE JETTER/V ACUUM TRUCK
Mr. Rodeberg commented on the quotations that were received for the truck. The staff
recommendation is to award the bid to the higher priced vehicle. He noted that these types
of vehicles are not identical and cannot be compared as such. The recommendation is to
award the purchase to McQueen. The resale value and the maintenance costs associated with
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CITY COUNCIL MINUTES - JUNE 26, 2001
this vehicle are perceived to be higher and lower, respectively, than the other bid received.
Mr. Rodeberg offered to further review the matter and present his findings to the Council at
the July 10,2001, meeting.
Motion by Mlinar, second by Peterson to defer the item to the July 10, 2001, meeting. The
motion carried unanimously.
(e) CONSIDERATION OF SETTING A COUNCIL WORKSHOP FOR 4:00 P.M. ON
TUESDAY, JULY 10, 2001, FOR THE REVIEW OF THE CITY FINANCIAL
STATEMENTS
Mr. Plotz noted that the purpose of the workshop is to review the City audit results.
Motion by Mlinar, second by Haugen, to set a workshop for 4:00 p.m. on Tuesday July 10,
2001. The motion carried unanimously.
9. MISCELLANEOUS
(a) COMMUNICATIONS
Jim Haugen - Mr. Haugen commented on the League of Minnesota Cities (LMC) Conference
that was held in Duluth June 19 - 22. He noted that the conference seminars were informative.
John Mlinar - Mr. Mlinar reiterated that the LMC Conference provided good information,
especially in regards to technological advancements for cities. Mayor Torgerson also noted that
the City of Hutchinson seems to be on the forefront of issues.
Kay Peterson - Ms. Peterson also commented on the LMC Conference and that the City seems
to be knowledgeable of the issues that were discussed. The City appears to be well into
implementation or the planning phase to address most major issues raised at the conference.
Ms. Peterson also noted that on July 24,2001, the Hutchinson Foundation and the Hutchinson
Public Library will hold a ribbon cutting ceremony at 3:30 p.m. for the new automatic doors that
have been installed at the library.
Duane Hoversten - Mr. Hoversten echoed the comments of the other Council members
regarding the City being up to speed on the issues affecting cities. He commended the directors
for their work in this area. He too noted that the sessions presented at the LMC Conference were
issues we have already dealt with or are addressing.
Gary Plotz - Mr. Plotz reported that an Open House for the general public will be held at the
Creekside Compost Facility from 1:00 p.m. to 7:00 p.m. on Wednesday, June 27, 2001.
Refreshments and guided tours will be available. He encouraged anyone who is interested to
attend.
Mr. Plotz also noted that a retirement party for Marilyn 1. Swanson is scheduled for Wednesday,
June 27 at 2:30 p.m. at City Center. Ms. Swanson has been employed with the City of
Hutchinson for over twenty years in the Administration and Motor Vehicle departments.
Melissa Starke, the new Administrative Secretary, was introduced by Mr. Plotz. He also thanked
Brenda Ewing, Human Resources Coordinator, for her efforts during the time the position of
administrative secretary position was vacant.
Mr. Plotz requested that the Council meet regarding the BioSolids Facility. He recommends that
the Council be updated on both the status of the facility and a threat of potential litigation
regarding the fire at the facility. It was requested that a closed meeting session be held in the
near future to discuss this, and Mr. Plotz asked the Council to consider setting the closed
meeting for July 24,2001, at the end of the regular Council meeting.
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CITY COUNCIL MINUTES - JUNE 26, 2001
Motion by Peterson, second by Haugen to hold a closed continuation of the regular July 24,
2001, Council meeting as a closed meeting to discuss subject matter limited to the BioSolids
facility. The motion passed unanimously.
John Rodeberg - Mr. Rodeberg spoke to the possible State shutdown. We are not certain of
the impact a shutdown will have at the shared HATS facility. He noted that there may be some
annoyances and some projects that the City may need to pick up. A second issue related to the
shutdown are the payments for State Aid Funded projects.
Mr. Rodeberg also reported on a trench collapse with the improvement project on Sherwood
Street Southeast. OSHA has been out and reviewed the site and the accident. The project
contract places all responsibility for safety issues on the contractor.
An open house for the Southwest Bypass will be held from 5-8 p.m. on Monday, July 9,2001.
The consultant will be present and public input will be obtained. This informatiOn will then be
presented to the County Commissioners and the City Council for review.
A meeting of Jefferson Street Task Force will be held on Thursday, July 12,2001, at 4:30 p.m.
Surveys of the area residents regarding their septic systems have been completed and compiled.
The task force members have expressed support of a proposal that does not include annexation to
the City but rather that residents attempt to resolve their situations on their own. There are a
number of health and safety issues in the area. The City has exposure to liability and the costs
that could be incurred with this situation. The County is the jurisdiction that will be enforcing
the septic laws in this area.
The City will continue to review our potential liability with this issue and work to diminish our
exposure. As the enforcement begins, these residents will be coming to the City for assistance.
From the survey results, 75% of the systems in the area are definitely non-compliant.
Mayor Torgerson directed Mr. Rodeberg to work with legal counsel to better determine any City
liability associated with our knowledge of the situation, tile lines in the area, and our efforts to
deal with it.
Mr. Plotz also updated the Council on the efforts of the Charter Commission. The Commission,
at their meeting of June 25, 2001, appointed two subcommittees as follows:
1. A three-member committee to meet to further discuss the language related to Hutchinson
Utilities. This sub-committee will also be meeting with representatives of the Utilities
Commission.
2. A three member ad-hoc committee to address issues regarding financial and budgetary
language. The sub-committee members are Gary Plotz, Phil Graves ofHAHC, and City
legal counsel.
Richard Schieffer, City Attorney - Mr. Schieffer reported on the status ofthe Highway 7 East
Annexation proceedings. Mr. Schieffer met with the township's attorney to resolve financing
issues. He believes the remaining issues have been resolved in an advantageous manner for the
City in regards to utility extension. The annexation resolution has been redrafted and will be
before the Council for consideration at the next regular meeting.
10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
( a) VERIFIED CLAIMS
Motion by Mlinar, second by Peterson, to approve and authorize payment of Verified Claims
from appropriate funds. The motion carried unanimously.
11. ADJOURN
With no further business to discuss, the meeting adjourned at 6: 15 p.m.
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