10-27-1987 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 27, 1987
1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow-
ing were present: Mayor Paul L. Ackland, Aldermen Mike Carl s, John Mlinar,
Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary
D. Plotz, Director of Engineering Eugene Anderson, and City Attorney G.
Barry Anderson.
2. INVOCATION
The invocation was given by the Reverend John Longley.
3. MINUTES
The minutes of the regular meeting of September 13, 1987, special meeting of
October 5, 1987 and bid opening of October 12, 1987 were approved as dis-
tributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - SEPTEMBER 1987
2. NURSING HOME BOARD MINUTES OF SEPTEMBER 24, 1987
3. PLANNING COMMISSION MINUTES OF SEPTEMBER 15, 1987
4. CIVIL SERVICE POLICE COMMISSION MINUTES OF OCTOBER 21, 1987
(b) APPOINTMENT OF JOHN PAULSEN TO HOUSING & REDEVELOPMENT AUTHORITY
(c) GAMBLING LICENSE FOR COOTIES AT VFW POST #906
The motion was made by Alderman Mlinar to approve the report and minutes,
with a correction to the Planning Commission minutes, to ratify the appoint-
ment and to issue the gambling license. Motion seconded by Alderman Torger-
son and carried unanimously.
5. PUBLIC HEARING - 8:00 P.M.
(a) ASSESSMENT ROLL NO. 236 - PROJECT NO. 87-36, LETTING NO. 16
Mayor Ackland called the hearing to order at 8:00 P.M. and read the
public hearing notice.
Mr. John Bergerson, 1203 Oakwood Lane, spoke in favor of the project.
Alderman Torgerson moved to close the hearing at 8:02 P.M. Motion sec-
onded by Alderman Mlinar and unanimously carried.
The motion was made by Alderman Torgerson, seconded by Alderman Carls,
to approve the project and adopt assessment roll No. 236, award the
contract to Juul Contracting Company in the amount of $48,179.50, and
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
to waive readings and adopt Resolutions No. 8639 and No. 8640. Motion
carried unanimously.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) PRESENTATION OF FEASIBILITY STUDY ON DEFEASANCE OF 1984 PARKING
IMPROVEMENT BONDS BY BILL FAHEY
Consultant Bill Fahey presented a report on the defeasance of the 1984
improvement parking bonds. He further commented on the present status
of the stock market after its recent collapse and questioned whether
the City should proceed at this time.
Following discussion, Alderman Car Is moved to defer any establishment
of targets for the 1984 parking improvement bonds until the first meet-
ing in November. Motion seconded by Alderman Torgerson and carried
unanimously.
(b) CONSIDERATION OF REQUEST FOR REDUCED REFUSE RATE FOR SENIOR CITIZEN
The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar,
to approve the request. Motion unanimously carried.
(c) PRESENTATION ON HOUSING SHORTAGE AND DISCRIMINATION AGAINST TECHNICAL
INSTITUTE OF HUTCHINSON STUDENTS
A presentation was made by the Student Senate advisor and two students
regarding the shortage of housing for students. Also, it was pointed
out that there was discrimination on the part of landlords to rent to
vocational students. There was concern that the community had the
wrong image of the students. It was pointed out that over $2 million
was spent annually by the students in the local community.
(d) CONSIDERATION OF CHANGE ORDER FOR POLICE STATION PROJECT
Officer Chuck Jones reported a change order was required to install the
base for a communication tower at the new police station. The cost
would be $758, with the work to be done by Peter's Construction. The
tower itself had been obtained free of cost.
Following discussion, Alderman Torgerson moved to approve the change
order. Motion seconded by Alderman Mikulecky and carried unanimously.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 10/87 - ORDINANCE AMENDING SECTION 715:40 OF THE 1974
ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATED TO TIME LIMIT PARKING
ZONES
The motion was made by Alderman Mikulecky, seconded by Alderman Torger-
son, to waive second reading and adopt Ordinance No. 764. Motion
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
carried unanimously.
(b) ORDINANCE NO. 11/87 - ORDINANCE AMENDING SECTION 120:00 OF THE 1974
ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED SALARIES, MAYOR AND
ALDERMEN
Alderman Carls moved to waive second reading and adopt Ordinance No.
765. Motion seconded by Alderman Mlinar and unanimously carried.
(c) ORDINANCE NO. 12/87 - ORDINANCE AUTHORIZING SALE OF MUNICIPALLY OWNED
REAL PROPERTY LEGALLY DESCRIBED AS: LOT 8, BLOCK 36, SOUTH HALF CITY
OF HUTCHINSON
The motion was made by Alderman Carls to waive second reading and adopt
Ordinance No. 766. Motion seconded by Alderman Mlinar and unanimously
carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF PROHIBITING PARKING ON SOUTH SIDE OF SOUTH GRADE ROAD
FROM T.H. 15 TO MERRILL STREET (DEFERRED MAY 26, 1987)
Following discussion, Alderman Mikulecky approved the designated no
parking, waived first reading of Ordinance No. 13/87 and set second
reading for November 10, 1987. Motion seconded by Alderman Torgerson
and carried unanimously.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Alderman Torgerson moved to authorize discontinuation of service unless
other arrangements had been made. Motion seconded by Alderman Miku-
lecky and unanimously carried.
(b) CONSIDERATION OF OVERNIGHT PARKING IN DESIGNATED MUNICIPAL PARKING LOTS
Following discussion, the motion was made by Alderman Torgerson to ap-
prove the designated areas. Alderman Mlinar seconded the motion and
carried unanimously.
(c) DISCUSSION OF STATUS OF MIDWEST MOBILE HOME PARK
Building Official Jim Marka reported the State Health Department had
removed the license from the park, and no one was living there.
After 90 days without use the mobile home park would no longer be
grandfathered in so it must be platted for future use. An inspection
report was prepared by County Auditor Ed Ide shortly after the County
took over the property, and an inspection was done by the Building Of-
ficial and Fire Marshal after Sam Ulland regained ownership. It was
reported the trailers in the park were not habitable; therefore, the
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
Building Official recommended proceedings for condemnation under City
Ordinance, Section 1025:20.
City Administrator Plotz commented that Mr. Ulland had received a weed
notice to cut the weeds on his property, and the notice had been ex-
tended twice. The City had hired someone to cut the weeds within the
next day.
City Attorney Anderson stated the action would be statutory to remove
personal property, ie trailers, that are a health hazard. If not
cleaned up, the City would exercise its power to enforce the order.
Alderman Torgerson moved to approve the request from the Building Of-
ficial regarding City Ordinance, Section 1025, for 30 days to clean up
the property, including removal of the trailers, or the City would take
action. Motion seconded by Alderman Mlinar and carried unanimously.
RECESS: The City Council adjourned for a recess at 9:30 P.M.
(d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR HELLAND'S EIGHTH ADDITION
Following discussion, Alderman Mikulecky moved to approve the subdivi-
sion agreement. Motion seconded by Alderman Torgerson and unanimously
carried.
(e) DISCUSSION OF PLACING EXEMPT SIGN ON RAILROAD CROSSING LOCATED ON
HIGHWAY 7 EAST IN FRONT OF ROCKITE SILO
After discussion, the motion was made by Alderman Carls, seconded by
Alderman Mikulecky, to approve installation of exempt crossing signs
and to waive reading and adopt Resolution No. 8638. Motion carried
unanimously.
(f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOHN MILLER WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve the condi-
tional use permit and to waive reading and adopt Resolution No. 8643.
Motion seconded by Alderman Mlinar and unanimously carried.
(g) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF TWIN OAKS ADDITION
SUBMITTED BY JAMES JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Mlinar, to approve the plat and waive reading and adopt
Resolution No. 8641. Motion carried unanimously.
(h) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HELLAND'S EIGHTH
ADDITION SUBMITTED BY TYRONE HELLAND WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
Following discussion, Alderman Torgerson moved to approve the plat and
waive reading and adopt Resolution No. 8644. Motion seconded by Alder-
man Mlinar and unanimously carried.
(i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT STEARNS
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Mlinar and carried unanimously, to approve the conditional
use permit and waive reading and adopt Resolution No. 8645.
(j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID WHITING WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve the condi-
tional use permit and to waive reading and adopt Resolution No. 8646.
Motion seconded by Alderman Mlinar and unanimously carried.
(k) CONSIDERATION OF ANNEXATION SUBMITTED BY DEFOREST WAGNER WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
After discussion, the motion was made by Alderman Torgerson, seconded
by Alderman Mlinar, to approve referral to the Minnesota Municipal
Board and to waive reading and adopt Resolution No. 8637. Motion car-
ried unanimously.
(1) CONSIDERATION OF FINAL PLAT OF TRACT C, COUNTRY CLUB ESTATES NO. 2,
SUBMITTED BY LARRY BETHKE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Alderman Torgerson moved to approve the final
plat and waive reading and adopt Resolution No. 8647. Motion seconded
by Alderman Mlinar and unanimously carried.
(m) CONSIDERATION OF PROPOSAL FROM CHARLES BAILLY & COMPANY FOR CITY'S 1987
COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT
After discussion, the motion was made by Alderman Carls to approve and
enter into an agreement with Charles Bailly & Company. Motion seconded
by Alderman Mlinar and carried unanimously.
(n) CONSIDERATION OF ADVERTISING TO SELL 1976 MODEL CITY BUS
The motion was made by Alderman Torgerson, seconded by Alderman Carls,
to approve advertising and open bids November 9, 1987 at 2:00 P.M. Mo-
tion unanimously carried.
(o) CONSIDERATION OF ROAD WAY EASEMENT ALONG SOUTH BORDER OF CITY WATER
TOWER PROPERTY FOR KEVIN FROEMING
Following discussion, Alderman Torgerson moved to defer action for
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
further information from the City Engineer. Motion seconded by Alder-
man Torgerson and carried unanimously.
(p) CONSIDERATION OF SEXUAL HARASSMENT POLICY
After discussion, the motion was made by Alderman Carls, seconded by
Alderman Mlinar, to approve the policy. Motion unanimously carried.
(q) DISCUSSION OF COMMUNITY SIGNAGE RECOMMENDED BY HUTCHINSON TOURISM
TASK FORCE
Following discussion, Alderman Carls moved to refer the recommendation
to the City Engineer. Motion seconded by Alderman Mlinar and carried
unanimously.
(r) CONSIDERATION OF HOLDING SPECIAL CITY COUNCIL MEETING FOR CANVASSING
CITY ELECTION RESULTS
Alderman Carls moved to approve a special City Council meeting for No-
vember 4, 1987 at 7:00 P.M. Motion seconded by Alderman Mlinar and
unanimously carried.
(s) CONSIDERATION OF RENEWAL OF MAINTENANCE AGREEMENT WITH RETAIL DATA
SYSTEMS FOR LIQUOR STORE
The motion was made by Alderman Mlinar, seconded by Alderman Carls, to
approve and enter into a contract. Motion carried unanimously.
(t) CONSIDERATION OF BID DATE FOR POLICE STATION RECORDING DEVICE
Alderman Torgerson made the motion to approve the bid date of November
18, 1987 at 2:00 P.M. Alderman Carls seconded the motion and carried
unanimously.
(u) CONSIDERATION OF SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN CITY
OF HUTCHINSON AND ORVILLE J. AND EDNA LUND; PERMANENT EASEMENT AND
CONSTRUCTION EASEMENT
Following discussion, Alderman Torgerson moved to approve the settle-
ment agreement. Motion seconded by Alderman Mikulecky and unanimously
carried.
(v) CONSIDERATION OF ASSESSMENTS FOR HIGH STREET SURFACING PROJECT,
LETTING NO. 4, AMENDED ASSESSMENT ROLL NO. 229
It was reported that the amended Assessment Roll No. 229 reflected re-
duced assessments for Letting No. 4 and would not require a public
hearing.
After discussion, the motion was made by Alderman Torgerson to approve
the amended Assessment Roll No. 229, to waive readings and adopt Reso-
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
Iutions No. 8649 and No. 8650. Motion seconded by Alderman Carls and
carried unanimously.
(w) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR WELL AND WELL
HOUSE NO. 7 AND ADVERTISING FOR BIDS
Alderman Carls made the motion to approve the plans and specifications
and advertise for bids on November 25, 1987 at 2:00 P.M., to waive
reading and adopt Resolution No. 8642. Alderman Torgerson seconded the
motion and unanimously carried.
(x) CONSIDERATION OF GRANTING EASEMENTS TO MN/DOT FOR PROPOSED T.H. 15
CONSTRUCTION
Following discussion, the motion was made by Alderman Mlinar, seconded
by Alderman Torgerson, to approve granting the easements and to waive
reading and adopt Resolution No. 8648. Motion carried unanimously.
(y) DISCUSSION OF COMMUNITY SURVEY
City Administrator Plotz commented on community surveys other cities
had done. He had received one sample survey, and two more will be
forthcoming. The Council members were asked to give thought to pos-
sible questions that could be used in a similar survey.
(z) CONSIDERATION OF SUBDIVISION AGREEMENT FOR TWIN OAKS ADDITION
City Engineer Anderson reported the subdivision agreement had been re-
vised to show a different name of the subdivider, a request for the
City to install the public improvements in the street right of way, and
a phrase "cost not to exceed" be included pertaining to the park and
playground contribution. It was also pointed out that an error had
been made in the June 24, 1987 assessment search whereby a deferred
assessment from September 1970 had been omitted.
It was the recommendation of the City Attorney to defer action on the
deferred assessments to allow all parties involved an opportunity to
meet and resolve the issue.
Following discussion, Alderman Carls moved to approve the subdivision
agreement and defer any action on the disputed deferred assessment
stipulation in the agreement. Motion seconded by Alderman Torgerson
and unanimously carried.
(aa) CONSIDERATION OF AUTHORIZATION TO PURCHASE VEHICLE FOR HUTCHINSON
COMMUNITY HOSPITAL
The motion was made by Alderman Carls, seconded by Alderman Mlinar, to
approve the purchase. Motion carried unanimously.
(bb) DISCUSSION OF PARKING AT TECHNICAL INSTITUTE OF HUTCHINSON
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CITY COUNCIL MINUTES - OCTOBER 27, 1987
Following discussion, Alderman Mlinar moved to refer the item to the
City Attorney for further research. Motion seconded by Alderman Carls
and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported that the Director of Engineering had
completed his six-month probation period. Alderman Carls moved to de-
fer a six-month salary increase for 60-90 days until the City works out
and settles the situation regarding the Twin Oaks Addition deferred
assessment. Motion seconded by Alderman Mlinar and carried unani-
mously.
(b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland inquired if the Klockmann house on Fifth Avenue had been
torn down. The Fire Marshal reported that Diamond 5 had a permit to
demolish the house by October 31.
The Mayor commented on the upcoming oral reviews of police chief can-
didates scheduled for November 23 and 24. He suggested the Council
begin thinking about the method to use for interviewing the three final
candidates. Mayor Ackland requested that a tape recording be made of
the Police Commission interviews of the seven candidates for the City
Council to review.
(c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson reminded the Council of the SARA Title III meeting
in Glencoe on October 28.
(d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky asked if all the necessary outside work on the
police station had been completed before it freezes.
(e) COMMUNICATIONS FROM FIRE MARSHAL GEORGE FIELD
Fire Marshal Field reported that People to People had invited him to
join a tour group to China scheduled for 1988. The trip would be for
three weeks.
The trip received favorable response from the Council, and it was the
general consensus that the Fire Marshal would be allowed time off, with
pay, if the appropriate funding was obtained for the trip.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
CITY COUNCIL MINUTES - OCTOBER 27, 1987
The motion was made by Alderman Torgerson, seconded by Alderman Mlinar,
to approve and authorize payment from the appropriate funds. Motion
unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 11:07 P.M.
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