02-12-1991 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 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 Brian Brosz.
3. MINUTES
The minutes of the regular meeting of January 22, 1991, closed
meeting of January 22, 1991 and Joint City/County meeting of
January 14, 1991 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JANUARY 1991
2. PARK & RECREATION BOARD MINUTES OF DECEMBER 19,
1990
3. NURSING HOME BOARD MINUTES OF DECEMBER 20, 1990
(b) CLUB INTOXICATING LIQUOR LICENSES
1. ELKS
2. V.F.W.
3. AMERICAN LEGION
4. CROW RIVER COUNTRY CLUB
(c) RENTAL "OFF SALE" NON -INTOXICATING MALT LIQUOR LICENSE
FOR MICHAEL COMMERFORD, DBA MIKE'S SOUTHTOWN MOBIL
(d) SNOW REMOVAL PERMIT FOR JIM HAASL
The motion was made by Alderman Torgerson, seconded by
Alderman Mlinar and unanimously carried, to order report
and minutes filed and issue permit/licenses.
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
5. PUBLIC HEARING
None.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST FOR TRAILER FRAME ON SHOPKO SITE
PROPERTY
Marcus Karels requested to purchase for $15 a trailer
frame left on the property located at First Avenue SW and
Jefferson Street. Following a legal opinion from the
City Attorney, Alderman Torgerson moved to sell the
trailer frame for $15 as a quit claim arrangement, with
the City taking no representation of ownership, and
ordered the City Attorney to prepare the necessary agree-
ment paper. Motion seconded by Alderman Erickson and
unanimously carried.
(b) REQUEST FOR MARION GRAHAM TO ATTEND LABORATORY SCHOOL IN
WISCONSIN
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Lenz and unanimously car-
ried, to approve the laboratory school.
(c) DISCUSSION OF PROPERTY AT 130 - 140 WASHINGTON AVENUE E.
(APARTMENT BUILDING)
Administrator Plotz reported that the owner of the build-
ing located at 130 - 140 Washington Avenue East offered
to sell the property to the City. Following discussion,
it was the consensus of the Council that there was no in-
terest on behalf of the City. No action was taken.
(d) CONSIDERATION OF REQUEST FROM EMIL RIX TO RENT CITY LOT
LOCATED BEHIND TWO-WAY COMMUNICATIONS
It was reported by Administrator Plotz that Emil Rix
wished to rent the lot given to the City from the Emma
Lake estate. It would be used for parking U -Haul rental
trucks.
Following discussion, the motion was made by Alderman
Erickson, seconded by Alderman Mlinar and unanimously
carried, to authorize the City Attorney to draw up a
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
rental lease agreement on a month-to-month basis.
(e) COMMUNICATIONS FROM GENE JESERITZ REGARDING USE OF OLD
WASTEWATER TREATMENT FACILITY
Mr. Gene Jeseritz stated the City should try to find an
alternative use for the old wastewater treatment facil-
ity rather than demolish it. Since the DNR had an inter-
est in using it as a fishery, he suggested giving them a
six-month trial period for experimental work at the site,
with the possibility of future purchase.
Following discussion, Alderman Torgerson moved to direct
the City Attorney to draw up a lease agreement of $1.00
with the DNR for a six-month period to experiment with a
fishery on the old wastewater treatment facility site.
Motion seconded by Alderman Mlinar and unanimously car-
ried.
(f) COMMUNICATIONS FROM TOM CARRIGAN REGARDING RETAINAGE WALL
• Mr. Tom Carrigan requested that the Council reconsider
reimbursing him for half the rental cost for a bobcat
used to construct the retainage wall on his property at
105 Pauls Road. He stated the wall was built jointly
with the City.
City Attorney Anderson stated he would prepare an agree-
ment with Carrigan which would hold him responsible for
the maintenance of the wall and moving a portion of the
wall from City property, if necessary, to remove any lia-
bility from the City. The document would be recorded at
the court house.
The motion was made by Alderman Erickson, seconded by
Alderman Torgerson and unanimously carried, that the City
pay one-half of the $517.28 rental cost for the bobcat.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9418 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Lenz, seconded by Alder-
man Mlinar and unanimously carried, to waive reading and
adopt.
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
(b) RESOLUTION NO. 9420 - RESOLUTION DECLARING PART-TIME
POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND
FIRE FUND (GLENN KUPHAL)
The motion was made by Alderman Erickson, seconded by
Alderman Mlinar and unanimously carried, to waive reading
and adopt.
(c) RESOLUTION NO. 9421 - RESOLUTION DECLARING PART-TIME
POLICE PATROL OFFICERS ELIGIBLE FOR THE PERA POLICE AND
FIRE FUND (SAMUEL PRIEVE)
The motion was made by Alderman Mlinar, seconded by
Alderman Erickson and unanimously carried, to waive
reading and adopt.
(d) RESOLUTION NO. 9422 - AUTHORIZING SUBSTITUTION OF PLEDGED
SECURITIES FROM CITIZENS BANK & TRUST CO. OF HUTCHINSON,
MINNESOTA
The motion was made by Alderman Lenz, seconded by Alder-
man Mlinar and unanimously carried, to waive reading and
adopt.
(e) RESOLUTION NO. 9423 - RESOLUTION OF AFFIRMATION BY THE
CITY OF HUTCHINSON TO CONTINUE AS A "STAR CITY" FOR THE
PURPOSE OF ECONOMIC DEVELOPMENT
The motion was made by Alderman Erickson, seconded by
Alderman Mlinar and unanimously carried, to waive read-
ing and adopt.
(f) ORDINANCE NO. 91-30 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL
ZONING MAP (WAL-MART)
The motion was made by Alderman Torgerson, seconded by
Alderman Erickson and unanimously carried, to waive sec-
ond reading and adopt.
8. UNFINISHED BUSINESS
(a) DISCUSSION BY ATTORNEY NEIL JENSEN REGARDING SPECIAL
ASSESSMENTS ON PROPERTY AT BLOCK 3, LOT 1, PADEN'S
ADDITION (WORD OF LIFE CHURCH)
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
This item was removed from the agenda.
9. NEW BUSINESS
(a) CONSIDERATION OF ACCEPTING GIFT OF HUTCHINSON SIGNAGE
FROM HUTCHINSON AMBASSADORS AND AGREEMENT TO MAINTAIN
AND INSURE SIGNAGE
It was reported that the Hutchinson Ambassadors wished to
gift two erected signs to the City of Hutchinson. Fol-
lowing discussion, the motion was made by Alderman Tor-
gerson to approve the gift and waive reading and adopt
Resolution No. 9419. Motion seconded by Alderman Mlinar
and unanimously carried.
(b) CONSIDERATION OF AGREEMENT BETWEEN HUTCHINSON TECHNOLOGY,
INC. AND CITY OF HUTCHINSON REGARDING HUTCHINSON SIGN
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to approve and enter into agreement with Hutch-
inson Technology, Inc.
(c) CONSIDERATION OF 1991 BUDGET FOR CONVENTION AND VISITORS
BUREAU
Mr. Bob Mlynar presented the 1991 budget for the Conven-
tion and Visitors Bureau. Following discussion, Alderman
Mlinar moved to approve the budget. Motion seconded by
Alderman Erickson and unanimously carried.
Administrator Plotz stated that according to the Sunset
Provision, there is a March 1, 1991 deadline to extend
the tourism/convention program. It would require a 80%
approval from the local lodging proprietors and Council
approval to continue the program. The existing ordinance
would also have to be amended.
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to approve a two-year extension and to waive
first reading of Ordinance No. 91-31 and set second read-
ing for February 26, 1991.
(d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR WAL-MART
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
Engineer Rodeberg stated there was some wordage in the
agreement that needed to be clarified with Wal-Mart prior
to approval.
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Erickson and unanimously
carried, to defer to the next meeting, pending clarifi-
cation of the proposed changes.
(e) CONSIDERATION OF PARTIAL RELEASE OF EASEMENT FOR CURTIS
REITER
It was reported there was an error in the legal descrip-
tion of the drainage easement for Dr. & Mrs. Reiter. The
partial release would restrict it to the Reiter property.
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Erickson and unanimously
carried, to approve and execute partial release of ease-
ment.
(f) CONSIDERATION OF SETTING PUBLIC HEARING/ASSESSMENT
HEARING DATE FOR 1990 MISCELLANEOUS PROJECTS
Following discussion, the motion was made by Alderman
Torgerson to receive the Engineer's report and hold hear-
ing on March 12, 1991 at 8:00 P.M. for Projects No. 90-
11B, 90-16B, 87-08B, 90-15B, Assessment Roll No. 35 to
activate deferred assessment and Assessment Roll No. 264
at 8:15 P.M., and to waive readings and adopt Resolutions
No. 9424, 9425 and 9426. Motion seconded by Alderman
Lenz and unanimously carried.
(g) REVIEW OF CONSTRUCTION COST ESTIMATE FOR DAM REPAIR -
PHASE A
Engineer Rodeberg reported that the estimated cost for
safety improvements on dam repair were less than $20,000.
No action was taken.
(h) DISCUSSION OF DOWNTOWN SPRINKLING PROJECT
Engineer Rodeberg stated that the proposed Letting No. 3
for sprinkling of 12 downtown building basements had been
re-evaluated regarding costs and practical application.
It was recommended that a policy for future code compli-
CITY COUNCIL MINUTES - FEBRUARY 12, 1991
ance criteria be established and that each of the 12 pro-
posed buildings be inspected and evaluated on its own
merit to determine if it was reasonable to install sprin-
kling. A formula for payment would need to be deter-
mined. No action was taken.
(i) CONSIDERATION OF TRANSPORTATION TASK FORCE
RECOMMENDATIONS
Engineer Rodeberg reported on the January 24, 1991 meet-
ing of the Task Force and its recommendations regarding
CSAH 8, T.H. 7, T.H. 15 and T.H. 22.
Following discussion, the motion was made by Alderman
Torgerson, seconded by Alderman Mlinar and unanimously
carried, to waive reading and adopt Resolution No. 9428
supporting the Transportation Task Force recommenda-
tions.
(j) CONSIDERATION OF SETTING BID DATE AND CALLING FOR SALE OF
$6,500,000 GENERAL OBLIGATION MEDICAL FACILITIES REVENUE
BONDS, SERIES 1991B AND $495,000 GENERAL OBLIGATION
MEDICAL FACILITIES REVENUE REFUNDING BONDS, SERIES 1991B
Bond Consultant Bill Fahey presented information on the
proposed bond sale. Following discussion, Alderman Tor-
gerson moved to approve and set the bid date for March
19, 1991 at 3:30 P.M., to waive reading and adopt Resolu-
tion No. 9427, and to hold a special City Council meeting
at 5:30 P.M. on March 19 to award bid. Motion seconded
by Alderman Erickson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported that the temporary
liquor store location was still being researched.
(b) COMMUNICATIONS FROM ALDERMAN CRAIG LENZ
Alderman Lenz commented on the striping along Hwy. 7.
(c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar suggested holding a workshop with the
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
Directors to review their departmental 1990 year-end
reports and 1991 goals and objectives. Following dis-
cussion, Alderman Mlinar moved to meet with the Directors
at 6:00 P.M. on February 26. Motion seconded by Alderman
Lenz and unanimously carried.
Alderman Mlinar also inquired about a joint meeting with
the County Commissioners, Townships and City entities.
It was the consensus of the Council to hold a meeting on
March 11, 1991 with the HCDC at 6:00 P.M., Utilities Com-
mission at 6:30 P.M., and County Commissioners and Town-
ship Boards at 7:00 P.M.
(d) COMMUNICATIONS FROM ALDERMAN DON ERICKSON
Alderman Erickson asked about the progress of the pro-
posed Wal-Mart project.
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson commented on the Junker litigation and
suggested proceeding with negotiations as discussed at
the closed meeting.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg reported on a meeting with F.A.A. and
MN/DOT regarding airport improvements. City staff and
the Airport Commission will be meeting with several con-
sultants within the next week, and a selection will be
made soon.
(g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland stated he was contacted by the individuals
putting up the yellow ribbons around town. They request-
ed permission to place ribbons on the street lights along
Hwy. 15 South.
Following discussion, the motion was made by Alderman
Mlinar, seconded by Alderman Torgerson and unanimously
carried, to approve the request, pending approval from
MN/ DOT .
The Mayor inquired about striping on Main Street, and he
suggested that MN/DOT be contacted.
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CITY COUNCIL MINUTES - FEBRUARY 12, 1991
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mlinar, seconded by Ald-
erman 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
9:30 P.M.
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