07-27-1993 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 27, 1993
1. The meeting was called to order at 7:30 p.m. by Mayor
Ackland. The following were present: Mayor Paul L. Ackland,
Councilmen 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 Max Myers.
3. MINUTES
The minutes of the July 13, 1993 meeting were not available.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. REPORT OF CITY INVESTMENTS AND FINANCE REPORT
2. PLANNING COMMISSION MINUTES OF JUNE 15, 1993
3. HHRA AND HUTCH HOUSING INC. MINUTES OF JUNE 15,
1993
(b) APPOINTMENTS
1. TREE BOARD - LAURA POSER
2. UTILITIES COMMISSION - MIKE CARLS - EFFECTIVE
SEPTEMBER 1, 1993
Motion was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried, to order
report and minutes filed and ratify appointments.
5. PUBLIC HEARING - None
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) DISCUSSION OF FIFTH AVENUE BY LEON JASTER
Leon and Mike Jaster expressed concern for dusty
conditions on Fifth Avenue SE. Engineer Rodeberg
explained that the street will be paved to just beyond
Ontario Street as a 1993 project.
0
CITY COUNCIL MINUTES - JULY 27, 1993
(b) REQUEST FOR LIGHTING IN ALLEY BEHIND FIRSTATE FEDERAL
The request was referred to Hutchinson Utilities on a
motion by Councilman Mlinar, seconded by Councilman
Lenz and carried unanimously.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 10006 - RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
(LETTING NO. 9, PROJECT NO. 93-18)
RESOLUTION NO. 10007 - RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
(LETTING NO. 9, PROJUECT NO. 93-19)
RESOLUTION NO. 10008 - RESOLUTION ORDERING PREPARATION
OF REPORT ON IMPROVEMENT (LETTING NO. 9, PROJECT NO.
93-21)
RESOLUTION NO. 10009 - RESOLUTION RECEIVING REPORT AND
WAIVING HEARING ON IMPROVEMENT (LETTING NO. 9, PROJECT
NO. 93-21)
RESOLUTION NO. 10010 - RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS (LETTING
NO. 9, PROJECT NO. 93-21)
RESOLUTION NO. 10011 - RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
(LETTING NO. 9, PROJECT NO. 93-21)
The motion was made by Councilman Torgerson, seconded
by Councilman Lenz and carried unanimously to waive
readings and adopt Resolutions and order advertisement
for bids for August 16, 1993 at 2:00 P.M.
(b) ORDINANCE NO. 93-90 - AN ORDINANCE INCORPORATING AND
ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE
CITY OF HUTCHINSON
The motion was made by Councilman Erickson, seconded by
Councilman Mlinar and carried unanimously to waive
first reading and set second reading for August,10,
1993.
2
CITY COUNCIL MINUTES - JULY 27, 1993
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF REQUEST FOR HCVN-TV TO LOCATE IN NEW
CITY HALL, AND PARTNERS IN FRIENDSHIP LOCATION
(DEFERRED JULY 13, 1993)
Mayor Ackland discussed the possibility of Partners in
Friendship using the old Motor Vehicle area during
daytime hours, and at some cost to Partners in
Friendship. Attorney Anderson discussed the need for
an agreement with HCVN-TV concerning rent and terms.
Drawings/designs should be provided by HCVN-TV by the
August 10 council meeting to determine costs and rent.
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and carried unanimously to defer the
matter to August 24, 1993.
(b) CONSIDERATION OF ELECTRIC SERVICE CONDEMNATION
(DEFERRED JULY 13, 1993)
Attorney Anderson stated he will present revised
documents for approval at the August 24 council
meeting. The matter was deferred to August 24.
9. NEW BUSINESS
(a) CONSIDERATION OF AUTHORIZING HCDC BOARD TO ADVERTISE
FOR PERMANENT PART TIME EXECUTIVE DIRECTOR
Jim Bullard of HCDC commented on the need for a new
permanent part time executive director to replace Bob
Kenneback effective January, 1994. Total budget,
including other staff, would be about $45,000. City
Administrator Plotz reported that 109,5 of the proceeds
from tax increment funds (approximately $25,000) can be
used for administration, thereby reducing the amount
needed from the city general fund. It was the consensus
of the council that they are in favor of such an
arrangement. HCDC was asked to present its proposed
budget to the council in mid-August.
On a motion by Councilman Torgerson, seconded by
Councilman Mlinar and carried unanimously, the HCDC was
authorized to begin preparations for advertising for an
executive director, contingent on budget approval by
the city.
3
CITY COUNCIL MINUTES - JULY 27, 1993
(b) CONSIDERATION OF ACCEPTING RECOMMENDATION FROM HCDC AND
HOUSING AUTHORITY TO PURCHASE COMPUTER AND SOFTWARE
Connie Mangan reported that she has found software
adequate to track HCDC loans, with half of the cost to
be paid from the revolving loan fund. The computer
equipment would also be used by HRA, which would pay
the other half of the cost.
The purchase was authorized on a motion by Councilman
Mlinar, seconded by Councilman Torgerson and carried
unanimously.
(c) CONSIDERATION OF AUTHORIZING HOUSING AND REDEVELOPMENT
TAX LEVY
Representatives of HRA requested a levy of 0.13101 of
taxable market value to enable a continuation of the
extra work the HRA has been doing in 1993 with a full
time director and other staff. Total budget needs are
$57,112. Council members spoke favorably of the
expanded activities of the HRA but want to consider
some other funding method than the tax levy. It was
the consensus of the council that they would review
method of funding and amount of tax levy at the August
10, 1993 council meeting.
(d) CONSIDERATION OF APPLICATION BY MCLEOD COUNTY
AGRICULTURAL ASSOCIATION FOR ON -SALE NON -INTOXICATING
MALT LIQUOR LICENSE FOR AUGUST 20-24 MCLEOD COUNTY FAIR
Motion was made by Councilman Torgerson, seconded by
Councilman Lenz and carried unanimously to issue the
license.
(e) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Discontinuation of service was authorized on a motion
by Councilman Torgerson, seconded by Councilman
Erickson and carried unanimously.
(f) CONSIDERATION OF REISSUANCE OF GAMBLING LICENSE TO VFW
POST 906
The motion was made by Councilman Torgerson, seconded
by Councilman Mlinar and carried unanimously to reissue
the VFW gambling license.
H
CITY COUNCIL MINUTES - JULY 27, 1993
(g) CONSIDERATION OF ADOPTION OF CITY DRUG TESTING POLICY
Personnel Coordinator Hazel Sitz reported there may be
different regulations applicable to bus drivers than to
other employees and that this should be reviewed by the
attorney who drafted the drug policy.
The matter was deferred to August 10, 1993.
(h) CONSIDERATION OF INCLUDING VOLUNTEER FIREMEN IN THE
CITY PERSONNEL POLICY AS IT RELATES TO DRUG TESTING
Pending final approval of the drug testing policy, the
matter was deferred to August 10.
(i) CONSIDERATION OF AUTHORIZING BIDS FOR REPLACEMENT OF
WOOD AND BRUSH CHIPPER
Staff reported that F.E.M.A. funding may be available
to assist with the purchase. Bids were authorized on a
motion by Councilman Mlinar, seconded by Councilman
Torgerson and carried unanimously.
(j) DISCUSSION OF RECREATION CENTER ROOF REPAIR
Parks & Recreation Director Dolf Moon reported that the
contractors want satisfactory conclusion of the matter
and will be meeting with staff to arrange repair.
(k) PRESENTATION OF 1992 AUDIT REPORT
The representative of Charles Bailly & Co. presented
the report and management letter which gave a favorable
evaluation of the city's financial records.
(1) CONSIDERATION OF BIDS ON IMPROVEMENT BONDS
Steve Apfelbacher, President of Ehlers & Associates,
presented the bond documents for general obligation
improvement bonds of $1,770,000 (10 years) and general
obligation water revenue bonds of $580,000 (15 years).
On a motion by Councilman Torgerson, seconded by
Councilman Mlinar and carried unanimously, Resolutions
No. 10027 and 10028 providing for the sale of the bonds
were adopted.
5
CITY COUNCIL MINUTES - JULY 27, 1993
(m) CONSIDERATION OF RESOLUTION TO PURCHASE
Motion was made by Councilman Erickson, seconded by
Councilman Lenz and carried unanimously to approve,
waive reading and adopt Resolution No. 10015.
(n) DISCUSSION OF BUILDING DEPARTMENT CONTACTING
INDIVIDUALS WITH SEPTIC TANKS TO HOOK UP TO CITY SYSTEM
Building Official Jim Marka reviewed the status of
properties within the city that have private septic
systems. He requested direction from the council on
enforcement of codes requiring hookup to city systems
by May 1, 1994. Consensus of the council was that
hookups should be ordered to meet code by May 1, 1994
where no hardship exists. Individual situations should
be reviewed.
(o) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR
PARKSIDE FIRST ADDITION (HASSE HILLS)
The subdivision agreement was approved on a motion by
Councilman Mlinar, seconded by Councilman Torgerson and
carried unanimously.
(p) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1 AND FINAL
PAYMENT FOR CITY CENTER (MORE 4) ASBESTOS ABATEMENT
(LETTING NO. 8, PROJECT NO. 93-20)
Engineer Rodeberg explained a change order was needed
due to a variance in cost of the project. The
agreement was approved on a motion by Councilman
Erickson, seconded by Councilman Mlinar and carried
unanimously.
(q) CONSIDERATION OF APPROVING ORDERLY ANNEXATION AGREEMENT
(LYNN TOWNSHIP)
The agreement was approved on a motion by Councilman
Torgerson, seconded by Councilman Mlinar and carried
unanimously to waive reading and adopt Resolution No.
10025. It will be referred to the Lynn Town Board and
thereafter to the Minnesota Municipal Board.
(r) DISCUSSION OF F.E.M.A. DISASTER ASSISTANCE
Engineer Rodeberg informed the council that he is
presently completing the paperwork for the disaster
assistance for spring flooding.
C.1
CITY COUNCIL MINUTES - JULY 27, 1993
(s) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT
APARTMENT DWELLING IN WALNUT RIDGE ESTATES REQUESTED BY
RALPH SCHMITZ WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10016 was made by Councilman Mlinar,
seconded by Councilman Torgerson and carried
unanimously.
(t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
MARK SCHILLING TO MOVE GARAGE ONTO PROPERTY LOCATED AT
142 - 3RD AVE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10017 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
(u) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
JUNACE GEHRKE TO MOVE GARAGE ONTO PROPERTY LOCATED AT
625 HARMONY LANE WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10018 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
(v) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT AN
ADDITION TO MACHINE SHOP LOCATED AT 106 ERIE REQUESTED
BY ROBERT MALONE, 3-D CNC, INC. WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10019 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
(w) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
MCLEOD COUNTY FAIR ASSOCIATION TO MOVE BUILDING ONTO
FAIRGROUNDS WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10020 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
7
CITY COUNCIL MINUTES - JULY 27, 1993
(x) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
ROGER STEARNS, STEARNSWOOD, TO MOVE STORAGE BUILDING
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10021 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
(y) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 1974
MARSHFIELD MOBILE HOME ONTO LOT IN MCDONALD'S LAKEVIEW
TERRACE OR COUNTRY CLUB TERRACE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10022 was made by Councilman Erickson,
seconded by Councilman Torgerson and carried
unanimously.
(z) CONSIDERATION OF FINAL PLAT OF "WALNUT RIDGE ESTATES"
SUBMITTED BY RALPH SCHMITZ WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion to approve and waive reading and adopt
Resolution No. 10023, contingent upon a change to one
plat for all residences, was made by Councilman Lenz,
seconded by Councilman Torgerson and carried
unanimously.
(aa) CONSIDERATION OF PRELIMINARY PLAT OF "KOELLN'S
SUBDIVISION" SUBMITTED BY GERALD KOELLN, HUTCHINSON
TWP., 2 MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and carried unanimously to refer
to the County with no objection.
(bb) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF
MCPHERSON'S SUBDIVISION SUBMITTED BY JOSEPH MCPHERSON,
HASSAN VALLEY TWP., 2 MILE RADIUS, WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and carried unanimously to refer
to the County with no objection.
0
CITY COUNCIL MINUTES - JULY 27, 1993
(cc) CONSIDERATION OF FINAL PLAT OF "BERNHAGEN'S
SUBDIVISION" SUBMITTED BY JOHN BERNHAGEN, HUTCHINSON
TWP., 2 MILE RADIUS WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and carried unanimously to refer
to the County with no objection.
(dd) CONSIDERATION OF VARIANCE REQUESTED BY LEONARD
RUTLEDGE, HASSAN VALLEY TWP., 2 MILE RADIUS TO REDUCE
REAR AND SIDE YARD SETBACK WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and carried unanimously to refer
to the County with no objection.
(ee) CONSIDERATION OF REINSTATEMENT OF ASSESSMENTS AGAINST
TAX FORFEITED PROPERTIES
Assessments were reinstated on a motion by Councilman
Lenz, seconded by Councilman Mlinar and carried
unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
(1) Administrator Plotz explained a Resolution
supporting a 2 -position enhanced 911 system needed
by the City of Hutchinson when McLeod County takes
bids on the E-911 system. Resolution No. 10026
Supporting the 2 -position 911 System was adopted
on a motion by Councilman Torgerson, seconded by
Councilman Mlinar and carried unanimously.
(2) Administrator Plotz explained that an additional
funded position for a permanent employee needs to
be authorized for the police dispatch area. The
position was authorized on a motion by Councilman
Torgerson, seconded by Councilman Lenz and carried
unanimously.
(3) Administrator Plotz reported a meeting with the
library board and Pioneerland Library System. At
this time it seems financially advantageous for
the City of Hutchinson to remain with Pioneerland
Library System.
E
CITY COUNCIL MINUTES - JULY 27, 1993
(4) Administrator Plotz reported that Jay Freedland is
discussing trade of property with Goebel's and
Farmer's Elevator for possible relocation of
Hutch Iron and Metal.
(b) COMMUNICATION FROM COUNCILMAN MLINAR
Councilman Mlinar inquired about the status of water
problems in town and was informed Engineer Rodeberg is
working on them.
(c) COMMUNICATION FROM COUNCILMAN TORGERSON
Councilman Torgerson discussed the McKimm property
status with regard to annexation. Engineer Rodeberg
reported the matter is on the agenda at Hassan Valley
Township's next meeting, with utilities questions being
worked on.
(d) COMMUNICATIONS FROM CITY ATTORNEY ANDERSON
Attorney Anderson report that Ellie Mills - Dakota Rail
has accepted the city council proposal for special
assessments in Block 39.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Payment was authorized from appropriate funds on a motion by
Councilman Mlinar, seconded by Councilman Torgerson and
carried unanimously.
12. ADJOURNMENT
There being no further business, the meeting was adjourned
at 10:30 p.m.
10