09-24-1991 CCMr
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MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 24, 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 Jon Lindekugel.
3. MINUTES
The minutes of the regular meeting of September 10, 1991 and
bid opening of September 17, 1991 were approved as distrib-
uted.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL STATEMENT - AUGUST 1991
2. PLANNING COMMISSION MINUTES OF AUGUST 20, 1991
3. SENIOR ADVISORY BOARD MINUTES OF MAY 9, 1991
(b) REQUEST FOR REDUCED REFUSE RATE
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar and unanimously carried, to order report
and minutes filed and approve reduced refuse rate.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) CONSIDERATION OF PETITION REGARDING PARKING PROBLEM ALONG
CLINTON AVENUE
Mr. Ed Mitchell, 555 Clinton Avenue, read a letter of
petition signed by six area residents regarding parked
cars along Clinton Avenue.
Mr. Brian Lenz, 865 Merrill Street, stated he often
picked up refuse, and there was noise outside his house
late at night. The Clinton House tenants used his drive-
way to turn around and park on the street. In the winter
many of the cars were left parked and never started up.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
Mr. Lenz had talked to the Clinton House manager, and she
had instructed the residents not to park on the north
side of the street. He stated the bus driver had a prob-
lem making the turn at the -corner.
During discussion, it was suggested there be no parking
on the north side of Clinton Avenue starting at
Mitchell's house.
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar, to adopt Resolution No. 9576 banning
parking on the north side of Merrill to Clinton and no
parking from 6:00 P.M. to 6:00 A.M. on the south side.
The motion was amended by Alderman Torgerson to ban
parking from crest of the hill to the corner. Amended
motion seconded by Alderman Mlinar and unanimously car-
ried. Main motion carried unanimously.
(b) DISCUSSION ON RECYCLING WITH PAUL MELCHIOR, MCLEOD COUNTY
ENVIRONMENTALIST
Mr. Paul Melchior presented a recycling report for Jan-
uary through August, 1991 and answered questions about
the program.
(c) PRESENTATION OF EMPLOYEE INSURANCE RENEWALS FOR SELF-
INSURED HEALTH AND DENTAL PROGRAMS BY AGENT DENNIS POTTER
AND CONSULTANT MARK FLATEN
Agent Potter and Consultant Flaten presented an annual
report on the employee self-funded program and stated the
self-insured medical and dental plans were cumulatively
under budget. It was recommended to increase medical
rates by five percent, and no increase in dental rates.
Following discussion, the motion was made by Alderman
Torgerson', seconded by Alderman Lenz and unanimously
carried, to accept the recommendations as presented.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9573 - DESIGNATION OF DEPOSITORIES OF CITY
FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS
The motion was made by Alderman Mlinar, seconded by Ald-
erman Erickson and unanimously carried, to waive reading
and adopt.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
(b) RESOLUTION NO. 9574 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Lenz, seconded by Alder-
man Torgerson and unanimously carried, to waive reading
and adopt.
(c) RESOLUTION NO. 9575 - AUTHORIZING RELEASE OF PLEDGED
SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON,
MINNESOTA
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar and unanimously carried, to waive read-
ing and adopt.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF POLICY MANUAL CHANGES FOR POLICE
DEPARTMENT (DEFERRED SEPTEMBER 10, 1991)
Following discussion, the motion was made by Alderman
Erickson to approve, seconded by Alderman Lenz and
unanimously carried.
(b) DISCUSSION OF WORD OF LIFE OUTREACH CENTER, PADEN'S FIRST
ADDITION (LOT 1, BLOCK 3) SPECIAL ASSESSMENTS
Mayor Ackland reported he and Alderman Mlinar had met
with Word of Life representatives. They came to terms of
7.5% interest rate over 7 years and one-half payment of
the approximate $14,000 owed the City by October 15,
1991. In 1992 the City will certify the special assess-
ments to the County. It was recommended that the City
Attorney prepare an agreement stating that if the prop-
erty were sold, the buyer would have to pay all delin-
quent assessments against the property immediately.
Following discussion, Alderman Torgerson moved to approve
the recommendation. Motion seconded by Alderman Mlinar
and unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
The motion was made by Alderman Erickson, seconded by
Alderman Torgerson and unanimously carried, to discon-
tinue service unless other arrangements had been made.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
(b) CONSIDERATION OF REQUEST FOR CITY FORESTER TO ATTEND
NATIONAL URBAN FORESTRY CONFERENCE IN LOS ANGELES, CA.
The motion was made by Alderman Erickson to approve,
seconded by Alderman Lenz and unanimously carried.
(c) CONSIDERATION OF POLICY TO ALLOW SALE OF AGRICULTURAL
PRODUCE WITHOUT LICENSE
Following discussion, the City Attorney was directed to
draft an ordinance regarding the requirement of a license
to sell agricultural produce.
(d) DISCUSSION OF 16" WELL AT DOWNTOWN REDEVELOPMENT SITE
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Erickson and unanimously
carried, to approve the sum of up to $9,200 for well work
by LTP Enterprises.
(e) CONSIDERATION OF SUPPORTING FURTHER STUDY OF HUTCHINSON
AREA MAINTENANCE FACILITY FOR CITY/COUNTY/STATE
Following a report by the City Engineer, the motion was
made by Alderman Mlinar, seconded by Alderman Lenz and
unanimously carried, to approve further study and to
waive reading and adopt Resolution No. 9577.
(f) CONSIDERATION OF RATE INCREASE FOR SNOW REMOVAL PERMIT
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to increase the rate to $10 for snow season.
(g) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1, TH 15 TURN
LANE AT LYNN ROAD, LETTING NO. 11, PROJECT 90-21
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to approve supplemental agreement for work com-
pleted in amount of $1,408.60 by Hanson and Vasek Con-
struction.
(h) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 2, DOWNTOWN
DEMOLITION (COLD STORAGE/LIQUOR STORE), LETTING NO. 14,
PROJECT 91-21
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Lenz and unanimously car -
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
ried, to approve supplemental agreement for work on addi-
tional wells on Shopko site by Kennedy Excavating Company
for $145,838.00.
(i) CONSIDERATION OF CONTRACT TERMINATION, LETTING NO. 5,
PROJECT 89-15 AND LETTING NO. 5, PROJECTS 90-05, 90-07,
90-13, 90-14 AND 90-18 W
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Torgerson and unanimously
carried, to table.
(j) CONSIDERATION OF RECOMMENDATION TO PURCHASE 1992 3/4 TON
PICKUP TRUCK
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Mlinar and unanimously
carried, to approve purchase from Plowman's Inc. for
$17,450.00, with no trade-in of 1979 1/2 ton pickup which
will be sold at City auction.
(k) CONSIDERATION OF VARIANCE REQUESTED BY ROBERT HORNICK AT
QUIK-MART WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
It was reported that Robert Hornick would install a perm-
anent curb at Quik -Mart. Following discussion, the
motion was made by Alderman Mlinar, seconded by Alderman
Lenz and unanimously carried, to approve variance and
waive reading and adopt Resolution No. 9572.
(1) CONSIDERATION OF REZONING PROPERTY FROM R-2 TO R-1 IN
SCHMIDTBAUER'S FOURTH ADDITION REQUESTED BY RICHARD
SCHMIDTBAUER WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Erickson and unanimously
carried, to approve and waive first reading of Ordinance
No. 91-41 and set second reading for October 8, 1991.
(m) CONSIDERATION OF VARIANCE FOR SIGN REQUESTED BY PHILLIP
BURKS LOCATED AT 4 11TH AVENUE N.E. WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Lenz, seconded by Alderman Erickson and unanimously car-
ried, to reject the sign variance based on the Planning
Commission's recommendation there was no hardship.
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CITY COUNCIL MINUTES• SEPTEMBER 24, 1991
(n) CONSIDERATION OF VACATION OF ALLEY LOCATED BETWEEN
MILWAUKEE AND DIVISION STREET REQUESTED BY WARREN DEMUTH
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Lenz, seconded by Alderman Mlinar and unanimously car-
ried, to approve and waive first reading of Ordinance No.
91-42 and set second reading for October 8, 1991.
(o) CONSIDERATION OF VACATION OF EASEMENT REQUESTED BY STEVE
WADSWORTH LOCATED ON LEWIS AVENUE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to approve and waive first reading of Ordinance
No. 91-43 and set second reading for October 8, 1991.
(p) CONSIDERATION OF SKETCH AND PRELIMINARY PLAT IN LYNN
TOWNSHIP REQUESTED BY FRED SCHMOLL (TWO MILE RADIUS)
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Mlinar and unanimously
carried, to refer to County with no objection.
(q) CONSIDERATION OF REZONING FROM AGRICULTURAL TO INDUSTRIAL
IN HUTCHINSON TOWNSHIP REQUESTED BY LOUISE SCHLUETER
(TWO MILE RADIUS)
Following discussion, the motion was made by Alderman
Lenz, seconded by Alderman Torgerson and unanimously car-
ried, to refer to County with no objection but with con-
tingencies that the County consider well head protection
and request conditional use for commercial and industrial
zoning.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported the Finance Director
was working on the 1992 budget. There have been two re-
quests for City funding. The Hutchinson Jaycees request-
ed $2,000 for the 1992 Water Carnival. The Tennis Asso-
ciation requested the tennis court blacktop be replaced
at an estimated cost of $60-65,000, with a 50/50 split
between the City and school.
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
(b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ
Alderman Lenz commented on the City Attorney's memorandum
regarding the cemetery perpetual care fund.
(c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar stated Tom Carrigan needed a retaining
wall agreement with the City. He commented on the up-
coming City auction to be held October 17 at the Hutchin-
son Technical College parking lot.
(d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON
Alderman Erickson expressed some concern regarding Dry
Dock and its future program plans.
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson stated Judge McCarthy will be contact-
ing the involved parties of the Junker litigation for a
settlement conference to try to settle the dispute out of
court. He will keep the Council informed.
The City Attorney reported he was ready to final out the
Shopko site demolition contractor. It was his recommen-
dation that the Council approve the final payment in ac-
cordance with the contract terms, conditioned on a waiver
from Shopko for any delays which were not the fault of
the contractor.
The motion was made by Alderman Lenz, seconded by Alder-
man Mlinar and unanimously carried, to approve the recom-
mendations.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg commented that the weather had delayed
construction this summer, and all City projects were be-
hind schedule. He reported on streets that have been
paved and the completed grading on Colorado Street.
The City Engineer reported the recent high level of water
had done minimal damage to the dam, and all the scaffold-
ing was still in place.
(g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland questioned the City Administrator section
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CITY COUNCIL MINUTES - SEPTEMBER 24, 1991
in the revised City personnel policy book. He also asked
about including the Fire Department officers in the
policy book and requested the City Attorney to review
this matter.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, seconded by
Alderman Lenz and unanimously carried, to approve the
claims and authorize payment from appropriate funds.
12. ADJOURNMENT
There being no further business, the meeting adjourned at
10:21 P.M.
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