08-13-2002 CCM
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
AUGUST 13, 2002
1. CALL TO ORDER - 5:30 P.M.
Mayor Marlm Torgerson called the meeting to order. Council Members present were John
Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City
Administrator, Marc Sebora, City Attorney and John Olson, Assistant Public Works Director
2. INVOCATION - Rev. Jon Lindekugel, of Christ the King Church, delivered the invocation.
3. MINUTES
(a) REGULAR MEETING OF JULY 23,2002
(b) BID OPENING MINUTES FROM AUGUST 2, 2002
Motion by Mlinar, second by Peterson to approve the minutes as presented. Motion carried
unanimously.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. HUTCHINSON UTILITIES FINANCIAL STATEMENT FOR JUNE 2002
2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 24, 2002
3. HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2002
4. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR JUNE 2002
5. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JUNE 20, 2002
6. BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2002
7. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2002
8. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM
JUNE 6, 2002
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 12001 - RESOLUTION APPROVING A LICENSE
AGREEMENT GRANTING RIGHTS TO THE HUTCHINSON UTILITIES
COMMISSION
2. RESOLUTION NO. 12002 - RESOLUTION FOR PURCHASE OF PEAT AND
TRUCKING SERVICES
3. RESOLUTION NO. 12003 - RESOLUTION ESTABLISHING LOCATION OF
TRAFFIC CONTROL DEVICES
4. RESOLUTION NO. 12004-RESOLUTIONESTABLISHING MUNICIPAL STATE
AID STREET (EDMONTON AVENUE)
(c) LETTING NO.7, PROJECT NO. 02-16 (lST ADDITION TO RA VENWOOD)
DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT
CITY COUNCIL MINUTES - AUGUST 13, 2002
WAIVING HEARING ON PROPOSED ASSESSMENT
ADOPTING ASSESSMENT
ACCEPTING BID
(d) LETTING NO. 13, PROJECT NO. 02-20 (SOUTH FORK CROW RIVER BANK
STABILIZATION)
ORDERING PREPARATION OF REPORT ON IMPROVEMENT (REVISED)
RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT
(REVISED)
( e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR
MCLEOD ALLIANCE FOR VICTIMS OF DOMESTIC VIOLENCE ON OCTOBER 23,
2002
(f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR
HOMIER DISTRIBUTING ON AUGUST 26 - 27, 2002, AT NATIONAL GUARD
ARMORY
(g) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR REJUVENATING
CENTER
(h) CONSIDERATION OF HRA BOARD APPOINTMENT
(i) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR MARION
GRAHAM TO ATTEND THE WASTEWATER LABORATORY EXAM WORKSHOP IN
PROVIDENCE, RHODE ISLAND FROM SEPTEMBER 13 - 16, 2002
(j) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR DOUG
JOHNSON TO BALDWIN, WISCONSIN FROM AUGUST 12 - 16,2002
(k) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR
DUCKS UNLIMITED ON SEPTEMBER 4,2002, AT CROW RIVER COUNTRY CLUB
(I) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR
HUTCHINSON AREA FOUNDATION FOR HEAL TH CARE ON OCTOBER 26,2002,
AT CROW RIVER COUNTRY CLUB
Items 4 (c) and (h) were pulled for separate discussion.
Item 4 (c): John Olson explained that all waivers of acceptance have not been received for
the Ravenwood Project, therefore the project should not be awarded at this time. Staff is
requesting that the preparation of assessment be approved and order hearing to be set for the
first Council meeting in September.
Item (h): Jean Ward, HRA Director, explained that this item should be tabled until the next
Council meeting for appointment. The HRA Board will be considering adding another
member to the Board and therefore may be appointing two members.
Motion by Peterson, second by Hoversten, to defer action on appointing HRA Board
member. Motion carried unanimously.
Motion by Mlinar, second by Haugen, to prepare assessment and set assessment hearing for
Ravenwood Project for first meeting in September. Motion carried unanimously.
Motion by Mlinar, second by Haugen, to approve consent agenda with the exception of items
4( c) and (h). Motion carried unanimously.
5. PUBLIC HEARING- 6:00 P.M.
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CITY COUNCIL MINUTES - AUGUST 13, 2002
(a) CONSIDERATION FOR APPROVAL OF SUNDAY INTOXICATING LIQUOR
LICENSE FOR ALL OCCASIONS CATERING
Motion by Mlinar, second by Peterson to close the public hearing. Motion carried
unanimously.
Motion by Haugen, second by Peterson to approve the Sunday Intoxicating liquor license for
All Occasions Catering. Motion carried unanimously.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) REQUEST BY ERLAND JABLINSKI REGARDING VFW PARK
Marc Sebora, City Attorney, explained that the J ablinskis had made a request to the Council
to consider adopting an ordinance that regulates the hours of city parks. This request stems
from a complaint they have regarding two young adults playing basketball near their home at
the VFW park during early morning hours. Mr. Sebora explained that there is no current
ordinance that addresses the hours of the parks. He further commented that some city parks
have state trails that run through them and require accessibility at all hours. Mr. Sebora
further explained that there is a city ordinance that governs nuisances, which would need to
be determined on a case by case basis. John Mlinar expressed that he feels the police need to
enforce current ordinances that are already in place and have the police possibly speak to the
individuals using the park to see if there are any other alternatives for them. Marc Sebora
will track the activity regarding this request.
(b) CONSIDERATION FOR APPROV AL OF FUNDING REQUEST BY MCLEOD COUNTY
FAIR BOARD
Marc Sebora, City Attorney, explained that the McLeod County Fair Board had made a
financial request to Hutchinson Area Health Care to make a $1000 contribution for the
County Fair. Mr. Sebora's findings show that the hospital is statutorily unable to provide
funding to such organizations. However, the City is able to make such a donation. Kay
Peterson expressed that she feels the City offers various services throughout the Fair that
more than make up for monetary donations. Gary Plotz noted that the City provides services
such as street sweeping, water truck services, Fire & Rescue, etc.
Motion by Peterson, second by Mlinar, to reject the request of donating to the McLeod
County Fair Board. Motion carried unanimously.
7. UNFINISHED BUSINESS
8. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ACCEPTING FRANKLIN-GROVE
NEIGHBORHOOD SMALL CITIES REHABILITATION GRANT
Jean Ward, HRA Executive Director, explained that there are final applications and
approved resolutions that need to be completed to obtain the Minnesota state grant for the
Franklin-Grove neighborhood. Ms. Ward explained the program to the Council (geographic
area, income requirements of applicants, loan amounts, etc). Ms. Ward explained that the
main purpose of the program is to rehabilitate the homes in this area and to address health
and safety issues. Ms. Ward requested that the Council approve the contracts and resolutions
provided in the packet.
Motion by Peterson, second by Hoversten, to approve the contracts, agreements and
resolutions required to obtain the Franklin-Grove Neighborhood grant. Motion carried
unanimously.
(b) CHARTER AMENDMENTS ELECTION CONSIDERATIONS (STEVE COOK)
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CITY COUNCIL MINUTES - AUGUST 13, 2002
Steve Cook explained that he would like to provide more information to citizens to avoid
any confusion regarding the Charter amendments that will be on the same ballot as the
proposed City Charter at the November election. Mr. Cook explained that Amendment #2 is
to change the number of signatures required to petition the City. Mr. Cook further explained
that with elections changmg to even years, there is a larger voter turnout because the
elections are held in conjunction with state and federal elections. The amendment is to
propose changing the required number of signatures from 20% to 10%. Amendment #1
proposes having a primary municipal election and also to have designated Council seats.
Each Council seat would have a number assigned to it (i.e. #1, #2, #3, etc.) and each
candidate would have to designate which seat they are running against. Mr. Cook expressed
that the designated seats option would allow candidates to run against only those that they
choose to, and not all members at large, as it is currently stated in the Charter. Mr. Cook
explained that the designated seats would be voted on at a municipal primary election, with
the top two vote getters proceeding to the general election in November.
Steve Cook addressed possible confusion at the election between the proposed City Charter
and the amendments. Mr. Cook clarified that the Charter Commission will have the
proposed (revised) Charter on the ballot and the amendments will be listed separately as
amendments to the proposed Charter. Mr. Cook proposed that only the changes be
addressed on the ballot to avoid any confusion. He also explained that the proposed
amendments do not effect any of the changes that are being proposed by the Charter
Commission. Mr. Cook does not feel that a special election should be held only for the
charter amendments, due to the cost of the election. Mr. Cook went on to explain that at the
June 25, 2002, City Council meeting it was stated that the time had expired to acquire the
language on the pnmary ballot. However, Mr. Cook researched the fact that the deadline to
submit language to McLeod County was July 23,2002, and he and Mr. Michael Ribich had
informed each council member of that. Alas, the language was not included on the primary
ballot.
Marc Sebora stated that the Council has 12 weeks to set an election from the receipt of the
petition. Kay Peterson expressed that her understanding is that once the petition is received,
it is automatically set for the general election. Marc Sebora went on to explain that the
Council has the option to set the date of the election. They do not have the power to decide
whether or not it is voted on - that is automatic once the petitions are received.
Motion by Peterson, second by Mlinar, to publicly receive the petition and authorize City
Administrator to authenticate the signatures at the McLeod County Auditor's office. John
Mlinar suggested renumbering the additional section in Amendment #1 to coincide with the
numbering system already placed in the Charter. Duane Hoversten noted that this Council
action is not approving the amendments, however simply publicly accepting them. Motion
carried unanimously.
Motion by Mlinar, second by Peterson, to set charter amendments for the general election on
November 5,2002. Duane Hoversten voiced that he is not in favor of the timing of this. He
feels it is last minute. Mayor Torgerson voiced that he feels that the general election is the
most appropriate time for the amendments to be voted on, where there is most likely the
highest voter turnout. Michael Ribich noted that the Council will ease any confusion to the
voters in the wording ofthe questions regarding the amendments. A roll call vote was taken
for the motion. Haugen - Aye; Mlinar - Aye; Peterson - Aye; Hoversten - Nay; Torgerson
- Aye. Motion carned 4 to 1.
( c) PRESENTATION OF PETITION FOR HUTCHINSON CITY CHARTER AMENDMENTS
This action was taken with Item 4(b).
(d) CONSIDERATION OF RE-SETTING SEPTEMBER 10, 2002, CITY COUNCIL
MEETING DUE TO PRIMARY ELECTION
Motion by Peterson, second by Mlinar, to change the September 10,2002, Council meeting
to September 9,2002, due to the primary election. Motion carried unanimously. Motion by
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CITY COUNCIL MINUTES - AUGUST 13, 2002
Peterson, second by Mlinar, to reject re-setting the Council meeting to September 9, 2002,
due to a school board meeting on the same date. Motion carried unanimously.
Motion by Peterson, second by Mlinar, to set the first Council meeting in September to
September 12,2002. Motion carried unanimously.
(e) CONSIDERATION OF SETTING BUDGET WORKSHOP PRECEDING FIRST CITY
COUNCIL MEETING IN SEPTEMBER
Motion by Haugen, second by Hoversten, to set budget workshop for September 12, 2002..
Motion carried unanimously.
Motion by Mlinar, second by Haugen, to amend Resolution No. 12008 to set assessment
hearing for Ravenwood project for September 12,2002. Motion carried unanimously.
9. MISCELLANEOUS
(a) COMMUNICATIONS
John Mlinar - Mr. Mlinar introduced Olar Opar from Astonia. Mr. Opar explained that he
is from the dairy industry in Astonia visiting the United States. Mr. Opar explained that he
is on his town council in Astonia and that is why he is visiting Hutchmson's City Council
meeting tonight. He is curious to see how Hutchinson's City Council handles city issues and
problems.
Mr. Mlinar also noted that a flyer was distributed with the compost bags. A change noted on
the flyer is that the tree limb diameter accepted is one-quarter inch. Any limbs larger than
that may damage the equipment used to grind them up. Mr. Mlinar also noted that a list of
acceptable items was included in the flyer.
John Mlinar also commented on the 20 mph speed zone on Second Avenue that runs past
Park Elementary. Mr. Mlinar feels that the wording ofthe sign regarding "when children are
present" can be confusing and he asked that staff review possibly obtaining a sign that is
more clear. John Olson commented that the words ""when children are present" is set by the
state. Mr. Olson stated that he will research possibly placing a placard underneath the
wording to better clarifY when the speed zone should be enforced. Mr. Olson also
commented that center signs could be placed in the middle of the road during school hours.
Mayor Torgerson noted that a resolution was passed earlier this evening to establish traffic
control devices on Jefferson Street and Sunset Street. Mayor Torgerson also asked that staff
review again Lewis Avenue for parking restrictions. John Olson will follow-up with the
Mayor's request.
Duane Hoversten - Mr. Hoversten thanked all police, fire and other city staff for their
assistance with National Night Out.
Gary Plotz - Mr. Plotz requested that a resolution be approved for Creekside Soils with the
Office of Environmental Assistance. The resolution is for a grant for additional hours to
label compost bags and to apply standards to the industry. This grant provides a soft match
for the additional hours needed to apply the standards.
Motion by Peterson, second by Hoversten to accept Resolution No. 12009 accepting the
grant for Creekside Soils. Motion carried unanimously.
Mr. Plotz reviewed the items discussed at the Team Leadership meeting earlier in the day: 1.
Update on Fairgrounds situation between McLeod County and the City of Hutchinson; 2.
Ice Arena contract with Hutch Hockey Association; 3. Weed notice procedure; 4. Update
on the police storage building; 5. Update on storm damage claims for storm sewer and/or
sanitary sewer; 6. Update on $5000 MPCA fine for a City/EDA project; 7. Update on
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CITY COUNCIL MINUTES - AUGUST 13, 2002
potential liquor store sites. Hutchinson will be receiving full payment from the McLeod
County Solid Waste Committee as requested from the County, as well as funding for
compost monitors. Mr. Plotz also explained that the compost site is seeking request for
proposals to obtain leaves from other cities for processing. Mr. Plotz wanted to make the
Council aware that they are taking part in this procedure, as it will be a revenue maker
10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS A
Motion by Mlinar, second by Haugen, with Hoversten abstaining, to approve and authorize
payment of Verified Claims A from appropriate funds. Motion carried unanimously.
(b) VERIFIED CLAIMS B
Motion by Haugen, second by Peterson, to approve and authorize payment of Verified
Claims B from appropriate funds. Motion carried unanimously.
11. ADJOURN
With no further business to discuss, the meeting adjourned at 7:00 p.m.
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