02-26-1991 CCMe
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 26, 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 Brian Brosz.
3. MINUTES
The minutes of the regular meeting of February 12, 1991 were
approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - JANUARY 1991
2. PLANNING COMMISSION MINUTES OF JANUARY 15, 1991
3. AIRPORT COMMISSION MINUTES OF FEBRUARY 20, 1991
(b) REQUEST FOR REDUCED REFUSE RATE
The motion was made by Alderman Mlinar, seconded by Ald-
erman Lenz and unanimously carried, to order report and
minutes filed and approve reduced rate.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) REVIEW OF CONDITIONS OF ON -SALE INTOXICATING LIQUOR
LICENSE FOR UNDERGROUND BAR & GRILL
Following a positive six-month review and recommendation
from the Police Department, Alderman Torgerson moved to
approve renewal of license at expiration. Motion sec-
onded by Alderman Lenz and unanimously carried.
(b) REQUEST FROM MARCH OF DIMES TO HOLD WALKAMERICA IN
HUTCHINSON ON MAY 19, 1991
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Lenz and unanimously car-
ried, to approve.
(c) PRESENTATION BY BILL SCHERER REGARDING HUMIDIFICATION
SYSTEM FOR LIBRARY
Mr. Bill Scherer, chairman of Library Board, presented a
report on the two bids received for installation of the
humidifier system in the library. It was the recommen-
dation of Architect John Korngiebel to accept the bid
from Tek -Mechanical for $6,992.
Following discussion, the motion was made by Alderman
Lenz, seconded by Alderman Mlinar and unanimously car-
ried, to approve the bid from Tek -Mechanical.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9430 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Torgerson, seconded by
Alderman Erickson and unanimously carried, to waive read-
ing and adopt.
(b) RESOLUTION NO. 9431 - RESOLUTION AMENDING RESOLUTION
NO. 9424, RESOLUTION RECEIVING REPORT AND CALLING HEARING
ON IMPROVEMENT
The motion was made by Alderman Torgerson, seconded by
Alderman Lenz and unanimously carried, to waive reading
and adopt.
(c) RESOLUTION NO. 9432 - RESOLUTION AMENDING RESOLUTION
NO. 9425, RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT/ROLL NO. 264
AND NO. 265
The motion was made by Alderman Torgerson, seconded by
Alderman Lenz and unanimously carried, to waive reading
and adopt.
(d) RESOLUTION NO. 9433 - RESOLUTION AMENDING RESOLUTION
NO. 9426, RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ROLL NO. 264 AND NO. 265
The motion was made by Alderman Torgerson, seconded by
Alderman Lenz and unanimously carried, to waive reading
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
and adopt.
(e) ORDINANCE NO. 91-31 - ORDINANCE AMENDING SECTION 6.40,
LODGING TAX
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Torgerson and unanimously
carried, to amend the ordinance to extend the date for 30
days from March 1,- 1991 to April 1, 1991.
8. UNFINISHED BUSINESS
None.
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 on March 4 at noon, unless other arrange-
ments had been made.
(b) CONSIDERATION OF LOTTERY AT LIQUOR STORE
Following discussion, the motion, was made by Alderman
Erickson to continue the lottery at the liquor store for
the rest of the year and review at year-end. Motion sec-
onded by Alderman Mlinar and carried four to one, with
Alderman Lenz voting nay.
(c) CONSIDERATION OF TEMPORARY LOCATION FOR CITY LIQUOR STORE
City Administrator Plotz reported on potential sites for
a temporary liquor store. It was his recommendation to
approve the location of the old fire station.
Following discussion, the motion was made by Alderman Don
Erickson, seconded by Alderman Mlinar and unanimously
carried, to have the liquor store on a temporary basis at
the old fire barn.
(d) CONSIDERATION OF ECONOMIC DEVELOPMENT TOOLS RECOMMENDED
BY HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION
HCDC Director John Bernhagen reported on the two economic
development tools, namely, the loan fund and the land
write-down criteria.
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
Following discussion, the motion was made by Alderman
Torgerson to approve HCDC as the agency to administer the
development fund and loan program. Motion seconded by
Alderman Mlinar and unanimously carried.
The motion was made by Alderman Mlinar, seconded by Ald-
erman Torgerson and unanimously carried, to approve the
criteria for the land write-down for community develop-
ment.
(e) CONSIDERATION OF LEASE AGREEMENT WITH DNR FOR UNUSED
WASTEWATER TREATMENT FACILITY
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve and enter into lease agreement with
DNR.
(f) CONSIDERATION OF AMENDMENT TO LOGIS JOINT AND COOPERATIVE
AGREEMENT
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Lenz and unanimously car-
ried, to approve the amendment and enter into agreement
and waive reading and adopt Resolution No. 9429.
(g) CONSIDERATION OF SETTING DATE FOR BOARD OF REVIEW
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve the date of May 23, 1991 at 4:30 P.M.
(h) CONSIDERATION OF 1990 WATER/SEWER FUND REIMBURSEMENT TO
GENERAL FUND
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Lenz and unanimously car-
ried, to approve the reimbursement.
(i) CONSIDERATION OF YOUTH CENTER FUND TRANSFER
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Torgerson and unanimously
carried, to approve the transfer and waive reading and
adopt Resolution No. 9434.
(j) CONSIDERATION TO ,CONTINUE NEGOTIATIONS FOR AIRPORT
CONSULTANT WITH THREE SELECTED FINALISTS
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
Following a report by the City Engineer, Alderman Torger-
son moved to approve continuing consultant negotiations.
Motion seconded by Alderman Mlinar and unanimously car-
ried.
(k) CONSIDERATION OF RECOMMENDATION BY AIRPORT COMMISSION TO
ADOPT RECOMMENDED AIRPORT DEVELOPMENT PROGRAM
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Lenz and unanimously car-
ried, -to approve the airport development program.
(1) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GALEN HOUK
(TWO MILE RADIUS - HWY. 7 EAST) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Lenz and unanimously car-
ried, to refer to the County with no objection.
(m) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ARTHUR KROEGER
(TWO MILE RADIUS - HUTCHINSON TOWNSHIP) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Erickson and unanimously
carried, to refer to the County with no objection.
(n) CONSIDERATION OF REZONING SUBMITTED BY JIM HEIKES (TWO
MILE RADIUS - HASSAN VALLEY TOWNSHIP) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Lenz and unanimously car-
ried, to refer to the County with no objection.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz asked if the City Council wished to
hold another workshop with the Directors to review the
remaining annual reports. It was the consensus of the
Council to meet at 6:00 P.M. prior to the March 12, 1991
regular meeting.
(b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
Alderman Lenz inquired about the excavation hole located
behind the Gas Hutch on the Hornick property. Following
discussion, Alderman Torgerson moved to give Robert Hor-
nick 20 day notice to complete filling in the dangerous
excavation hole. Motion seconded by Alderman Lenz and
unanimously carried.
During discussion, the City Attorney recommended that the
City Council refer to the Planning Commission the recom-
mendation to consider rezoning procedures for the prop-
erty. Mr. Hornick will be sent a letter advising him
that there will be discussion of the developmental sta-
tus of the property, with rezoning from R-2 to C-2 to be
considered.
(C) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar commented on the revised Zoning Ordinance
Book being prepared by Bill Weber.
(d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON
Alderman Erickson asked about the status of the demoli-
tion for Shopko Phase I. Attorney Anderson reported that
MPCA had denied the contractor a permit so he is looking
for another demolition site. The contractor will be sent
a letter giving him 10 days to obtain the required per-
mit(s).
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson reported that he had received the en-
vironmental remediation plan and filed it with the MPCA.
It was stated that Pick Industries of Cokato appeared at
the February Planning Commission meeting and requested
approval to use railroad property behind Stearnswood to
do railroad box car rehabilitation work. Following dis-
cussion, Alderman Torgerson moved to approve an agree-
ment with appropriate legal terms and conditions to be
established by the City Attorney. Motion seconded by
Alderman Lenz and unanimously carried.
It was suggested that the Gopher Campfire be contacted
regarding this matter.
Attorney Anderson reported on the Junker litigation.
.Last week Junker's attorney requested a meeting with City
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CITY COUNCIL MINUTES - FEBRUARY 26, 1991
Council representatives to see if some of the issues
could be resolved out of court. Aldermen Mlinar and Tor-
gerson were appointed to represent the Council at an ar-
ranged meeting with Junker's legal counsel.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg informed the Council that Esther Froem-
ming, 505 Hwy. 7 East, had problems with excessive ground
water for several years. During the winter of 1989-90,
her sump pump ran dozens of times an hour. Following ex-
cessive testing, it was determined that her problems were
related to a leaking watermain next to her property
caused during construction by Juul Contracting. Since
the City's and Juul's insurance agents denied the claim
for damages, it was recommended that the total claim of
$1,508.25 be divided between the City and Juul. There-
fore, the City's share would be $754.13.
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar and unanimously carried, to authorize
payment to Esther Froemming of one-half the damage cost.
It was reported by Engineer Rodeberg that the Klabunde
duplex was for sale at $26,000. Following discussion,
the motion was made by Alderman Torgerson, seconded by
Alderman Erickson and unanimously carried, to approve to
offer an option to purchase on the Klabunde property.
Engineer Rodeberg commented that the County and State
were reviewing the possibility of combining maintenance
facilities in Hutchinson. He inquired if the City would
be interested in obtaining information on this venture.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, 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
9:22 P.M.