11-12-1991 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, NOVEMBER 12, 1991
1. The meeting was called to order at 7:30 P.M. by Mayor Ackland.
The following were present: Mayor Paul L. Ackland, Aldermen
Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson.
Also present: City Administrator Gary D. Plotz, City Engineer
John Rodeberg and City Attorney G. Barry Anderson.
2. INVOCATION
The invocation was given by the Reverend Bart Fletcher.
3. MINUTES
The minutes of the regular meeting of October 22, 1991 and
special meeting of October 29, 1991 were approved as dis-
tributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - OCTOBER 1991
2. AIRPORT COMMISSION MINUTES - OCTOBER 14, 1991
3. PARK & RECREATION BOARD MINUTES - SEPTEMBER 25,
1991
(b) APPLICATIONS FOR SNOW REMOVAL PERMITS
1.
STEVE REINER
5.
GENE BETKER 9. ED RETTMAN JR.
2.
RANDY BLAKE
6.
TOM CLABO 10. JERRY EBERT
3.
EDWIN KARG
7.
DENNIS GETZ 11. GENE CARDA
4.
DICK EWERT
8.
DAVID IGL
(c) APPOINTMENT OF CAROL BROWN TO TREE BOARD
The motion was made by Alderman Torgerson, seconded by
Alderman Erickson and unanimously carried, to order re-
port and minutes filed, to issue permits, and to ratify
appointment.
5. PUBLIC HEARING
(a) PETITION OF 3M/MCLEOD AGRICULTURAL ASSOCIATION TO VACATE
STREETS, ALLEYS AND EASEMENTS, EXCEPT FOR SEPARATELY
RECORDED HUTCHINSON MUNICIPAL UTILITY EASEMENTS OF RECORD
WITHIN BOUNDARIES OF REGISTERED LAND SURVEY
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
Mayor Ackland called the hearing to order at 8:00 P.M.
and read Publication No. 4314.
Jeanette Walters, 545 Erie Street SE, stated her father
owned the property next to the property in question. She
asked if it would affect any of his property or the fence
on the property line.
Mayor Ackland stated the Walters' property would not be
affected.
Engineer Rodeberg commented that the existing fence would
serve as a buffer. He reported there were no plans for
the property at present, and all the streets and alleys
were vacated years ago.
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Lenz and unanimously car-
ried, to close the hearing at 8:05 P.M.
The motion was made by Alderman Mlinar, seconded by Ald-
erman Torgerson and unanimously carried, to approve and
to waive first reading of Ordinance No. 91-49 and set
second reading for November 26, 1991.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
None.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9599 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Lenz, seconded by Alder-
man Mlinar and unanimously carried, to waive reading and
adopt.
(b) ORDINANCE NO. 91-45 - AMENDMENT TO ZONING ORDINANCE NO.
464, SECTION 6.07, REGADING GARAGE AND DRIVEWAY SETBACKS
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar and unanimously carried, to waive second
reading and adopt.
(c) ORDINANCE NO. 91-46 -' REZONING FROM R-3 TO C-4 FOR
REGIONAL EYE SPECIALISTS
CITY COUNCIL MINUTES - NOVEMBER 12, 1991
The motion was made by Alderman Lenz, seconded by Alder-
man Mlinar and unanimously carried, to waive second read-
ing and adopt.
(d) ORDINANCE NO. 91-47 - VACATION OF PORTION OF ALLEY
BETWEEN DIVISION AVENUE AND MILWAUKEE AVENUE
The motion was made by Alderman Mlinar, seconded by Ald-
erman Lenz and unanimously carried, to waive second read-
ing and adopt.
(e) ORDINANCE NO. 91-48 - VACATION OF PORTION OF IVY LANE
BETWEEN SIXTH AND SEVENTH AVENUE SE
The motion was made by Alderman Erickson, seconded by
Alderman Torgerson and unanimously carried, to waive
second reading and adopt.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF DIAMOND 5 DEMOLITION SALVAGE RIGHTS AT
DOWNTOWN REDEVELOPMENT SITE (DEFERRED OCTOBER 22, 1991)
Following discussion, the motion was made by Alderman
Erickson that the City had no obligation to Diamond 5,
based on the City Attorney's recommendation. Motion sec-
onded by Alderman Torgerson and unanimously carried.
(b) DISCUSSION OF EVACUATION PLAN AT COUNTRY CLUB TERRACE
MOBILE HOME PARK (DEFERRED OCTOBER 22, 1991)
Attorney Anderson reported the school district had with-
drawn its consent to use the school facility as part of
the evacuation plan. He questioned if any current agree-
ment existed with the school and stated the mobile home
court licensing issues were tied with the evacuation
plan. The City Attorney will discuss this issue with
Police Chief Madson and contact the owner of Country Club
Terrace regarding a written agreement on the erection of
a permanent shelter at the mobile home court. It was
also pointed out that the City Council rejected the evac-
uation plan in July.
The motion was made by Alderman Mlinar to direct the City
Attorney to contact Bill Block. Motion seconded by Ald-
erman Lenz and unanimously carried.
(c) CONSIDERATION OF AGREEMENT WITH HUTCH, INC. FOR COUNTRY
CLUB TERRACE MOBILE HOME PARK
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
Attorney Anderson stated a year had passed since the
mobile home park owner received a copy of the agreement,
and there had been no response from him.
It was the consensus of the Council not to take action.
(d) DISCUSSION OF BILLING QUARTER AND INDIVIDUAL UNIT CHARGES
AT COUNTRY CLUB TERRACE MOBILE HOME PARK
Following discussion of the water billing at Country Club
Terrace, it was the consensus of the Council to take no
action and to base the charges on the master meter, with
no adjustment on winter quarter.
9. NEW BUSINESS
(a) CONSIDERATION OF DRUG-FREE POLICY
Administrator Plotz reported the drug-free policy would
be an appendix to the City Personnel Policy.
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve and to waive reading and adopt Reso-
lution No. 9604.
(b) CONSIDERATION OF 1992 LEASE AGREEMENT FOR SENIOR
NUTRITION PROGRAM, HEARTLAND COMMUNITY ACTION AGENCY
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Erickson and unanimously
carried, to approve staff recommendation of $860 per
quarter and to enter into agreement.
(c) CONSIDERATION OF ADVERTISING FOR BIDS FOR CAR IMPOUNDING
CONTRACT
Following discussion, the motion was made by Alderman
Torgerson•, seconded by Alderman Lenz and unanimously car-
ried, to approve advertising for a two year contract.
(d) CONSIDERATION OF EXTENDING FARM LEASE AGREEMENT WITH KURT
KNUTSON
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Mlinar and unanimously
carried, to approve a one year lease based on 80 acres of
land at $60 an acre.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
(e)
(f)
(g)
(h)
(i)
(J)
CONSIDERATION OF SETTING PUBLIC HEARING FOR MARK
GAARDER'S INTOXICATING LIQUOR LICENSE APPLICATION
Mark Gaarder requested this item be deferred to the
November 26 meeting.
The motion was made by Alderman Mlinar, seconded by Ald-
erman Torgerson and unanimously carried, to defer.
CONSIDERATION OF ESTABLISHING CERTAIN CHANGES TO TRAFFIC
CONTROL DEVICES AND PARKING
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to approve and to waive reading and adopt Reso-
lution No. 9600.
CONSIDERATION OF ACCEPTING DONATED SIGNS AND ENTERING
INTO MAINTENANCE AGREEMENT
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Lenz and unanimously car-
ried, to approve and enter into agreement.
CONSIDERATION OF PURCHASE OF PROPERTY OWNED BY FARMERS
ELEVATOR
Attorney Anderson commented on the agreement and the
buyer's contingtencies listed on pages 5 and 6 of the
purchase and sale agreement. He stated the purchase in-
cluded a small triangle of land.
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve purchase and to enter into agreement.
CONSIDERATION OF APPOINTING AUDITORS FOR 1991 CITY AUDIT
Following discussion, the motion was made by Alderman
Lenz, seconded by Alderman Mlinar and unanimously car-
ried, to approve and enter into agreement with Charles
Bailly & Company.
CONSIDERATION OF ELIMINATING PARKING AREAS ON WASHINGTON
AVENUE AT INTERSECTION OF FRANKLIN STREET
The motion was made by Alderman Erickson to defer.
Motion was seconded by Alderman Mlinar and unanimously
carried.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
(k) CONSIDERATION OF PAY EQUITY RULES
The motion was made by Alderman Torgerson to defer.
Motion seconded by Alderman Lenz and unanimously carried.
(1) CONSIDERATION OF FEE CHANGES
Following, discussion, the motion was made by Alderman
Lenz, seconded by Alderman Mlinar and unanimously car-
ried, to approve fee changes and to waive reading and
adopt Resolution No. 9601.
(m) CONSIDERATION OF SETTING PUBLIC HEARING FOR LIQUOR
LICENSE FEE CHANGES
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to approve and to set a public hearing for De-
cember 10, 1991 at 8:00 P.M.
(n) CONSIDERATION OF SUBDIVISION AGREEMENT FOR PRIEBE
ADDITION
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to approve.
(o) CONSIDERATION OF SUBDIVISION AGREEMENT FOR BETKER SECOND
ADDITION
Following' discussion, the motion was made by Alderman
Lenz, seconded by Alderman Torgerson and unanimously car-
ried, to approve.
(p) DISCUSSION OF CROW RIVER PEDESTRIAN BRIDGE
Engineer Rodeberg reported Bud Daggett wished to donate
a pedestrian bridge structure to the City to cross the
Crow River from the Luce Line Trail to Tartan Park in the
area of the bass pond. Mr. Daggett's contribution will
be about $12,825 for a 115' X 4' single -span bridge.
Since the City would like a six foot wide bridge, the
extra cost to the City would be approximately $11-15,000.
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to accept the donation and proceed with the
project.
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
(q) CONSIDERATION OF MSA ROUTE REVISIONS REGARDING HASSAN
STREET NE AND FIRST AVENUE NE
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve and to waive readings and adopt Reso-
lutions No. 9602 and No. 9603.
(r) CONSIDERATION OF FUND RAISER FOR ARENA IMPROVEMENT
COMMITTEE AT CIVIC ARENA
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to approve the fund raiser, contingent upon the
City Attorney preparing an agreement covering liability
insurance, clean-up, and a donation of $1,000 to City for
a special fund and $600 to Youth Hockey.
(s) CONSIDERATION, OF AUTHORIZING SURVEYING PROCESS OF SITE
FOR DOWNTOWN DEVELOPMENT PHASE II
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Lenz and unanimously car-
ried, to approve surveying.
(t) CONSIDERATION OF TRANSFER OF INTEREST FOR LIBRARY SQUARE
BUILDING
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Lenz and unanimously car-
ried, to approve transfer and to waive first reading of
Ordinance No. 91-50 and set second reading for November
26, 1991.
(u) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND ORDERING
PUBLIC HEARING FOR LETTING NO. 1, PROJECT NO. 92-01
Following' discussion, the motion was made by Alderman
Lenz, seconded by Alderman Mlinar and unanimously car-
ried, to approve the engineer's report, to order a public
hearing for November 26, 1991 at 8:00 P.M., and to waive
readings and adopt Resolutions No. 9594 and No. 9596.
(v) CONSIDERATION OF RECEIVING ENGINEER'S REPORT AND ORDERING
PUBLIC HEARING FOR LETTING NO. 2, PROJECT NO. 92-02
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Torgerson and unanimously
carried, to approve the engineer's report, to order a
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
public hearing for November 26, 1991 at 8:00 P.M., and to
waive readings and adopt Resolutions No. 9595 and No.
9597.
(w) CONSIDERATION OF HUTCHINSON AIRPORT EXPANSION
Mr. Ray Strege of TKDA reported on the proposed airport
expansion and completion of Phase I design. No state
funds would be involved; only federal and local funding
would be used. Mr. Strege recommended proceeding with
the plans and specifications for Phase I and notifying
the State and FAA of the project's status.
It was the consensus of the Council to proceed with the
proposal.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz directed attention to two letters
regarding.sanitary sewer hookups which were distributed
at the meeting. He stated the Council had assured Brad
Olson at a public hearing that he would be given special
consideration for assessments. The City Attorney was di-
rected to send a letter to the Olsons stating the City
would work with them.
Mr. Plotz also commented on the 1992 capital improvement
funds summary.
(b) COMMUNICATION FROM ALDERMAN CRAIG LENZ
Alderman Lenz commented on the Building Official's letter
regarding electrical inspections. Discussion followed on
how the inspection would be handled without adding addi-
tional staff to cover this area.
(c) COMMUNICATION FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson inquired about the property where a
fire occurred in the fall. Attorney Anderson stated the
house would be demolished.
(d) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson asked about the Word of Life situation
and recommended the settled assessments be certified to
the County. The motion was made by Alderman Mlinar,
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CITY COUNCIL MINUTES - NOVEMBER 12, 1991
seconded by Alderman Torgerson and unanimously carried,
to certify assessments for Word of Life.
Attorney Anderson reported he had received no response to
his letter sent to Tim Nelson.
(e) COMMUNICATIONS FROM CITY ENGINEER
Engineer Rodeberg reported there would be some changes in
MN/DOT since there were two positions open.
The City Engineer reported on the Hwy. 7 project. Also,
he gave an update on the Wal-Mart structure.
11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Erickson, seconded by
Alderman Mlinar and unanimously carried, to approve the
claims and authorize payment from appropriate funds.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:35
P.M.
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