02-09-1993 CCMA
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 9, 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, Marlin Torgerson, and Don Erickson. Also present:
Finance Director Kenneth B. Merrill, City Engineer John
Rodeberg, and City Attorney G. Barry Anderson. Absent:
Councilman John Mlinar and City Administrator Gary D. Plotz.
2. INVOCATION
The invocation was given by the Reverend Jim Hall.
3. MINUTES
The minutes of the regular meeting and special closed meeting
of January 26, 1993 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JANUARY 1993
2. TREE BOARD MINUTES OF NOVEMBER 18, 1992
3. HOSPITAL/NURSING HOME BOARD MINUTES OF OCTOBER 20,
NOVEMBER 17 & DECEMBER 15, 1992
4. AIRPORT COMMISSION MINUTES OF JANUARY 26, 1993
5. PARK & RECREATION BOARD MINUTES OF OCTOBER 28, 1992
AND DECEMBER 16, 1992
(b) RENEWAL OF REFUSE HAULING LICENSES
1. AAGARD WEST. INC.--COMMERCIAL/RESIDENTIAL/RECYCLING
2. JUNKER SANITATION SERVICE, INC. --COMMERCIAL
3. KUBASCH & SONS, INC. --COMMERCIAL
4. MCKIMM MILK TRANSIT, INC. --COMMERCIAL
5. WITTE SANITATION, INC.--COMMERCIAL/RECYCLING
(c) APPOINTMENTS
1. SENIOR ADVISORY BOARD: RUBY KRUEGER, LESLIE SMITH
�3 1
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
2. TREE BOARD: SCOTT PETERSON
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and unanimously carried, to order report
and minutes filed, to issue licenses, and to ratify
appointments.
5. PUBLIC HEARING - 8:00 P.M.
(a) LETTING NO. 2, PROJECT NO. 93-02 (SCHOOL ROAD)
Mayor Ackland called the hearing to order at 8:00 P.M.
and read the notice of hearing for project No. 93-02.
Engineer Rodeberg reviewed the project location between
McDonald Drive and South Grade Road. The roadway will go
from a rural to urban section. A sidewalk is proposed to
go past the elementary school. The Engineer reported the
assessments would be in the range of $95 - $100 per foot
for the improvements. It was noted the City did not plan
to assess Loretta McDonald's property since it is
unbuildable wetland. Engineer Rodeberg reviewed the
payment of assessments over a 10 -year period.
Dean Braulick, 1400 McDonald Drive, wondered if the
property owners on McDonald Drive or the school would be
taxed for the project.
The City Engineer responded the assessments would be to
the school property, Vineyard Methodist Church, and some
personal property.
Rev. Robert Gamble, pastor of Vineyard Methodist Church,
asked if the church would be assessed for the water line.
They already have water coming in from one side. He also
inquired if the sanitary sewer would run along South
Grade Road. He stated it would save the church many
dollars if the church could hook on at South Grade Road.
Engineer Rodeberg stated there would be no assessment to
the church since the water lines are all around the
property. The City was proposing to build the sanitary
sewer line up to South Grade Road so he would work with
the church on options available.
Jeff Bennin, 745 Wagner Street, wondered if there was
proposed building in the wetland area.
The City Engineer noted the City was storing some
2
c
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
material there at present, but it will be removed by next
year. The wetland area is not supposed to be filled.
The fill is on high ground and is permitted.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to close
the hearing at 8:15 P.M.
Councilman Torgerson moved to approve and to order the
improvement and preparation of plans and specifications,
and to waive reading and adopt Resolution No. 9892.
Motion seconded by Councilman Erickson and unanimously
carried.
(b) LETTING NO. 6, PROJECT NO. 93-09 - 93-13
Mayor Ackland called the hearing to order and read the
notice of hearing for projects No. 93-09 - 93-13.
Project No. 93-09
Engineer Rodeberg stated the project would be for
construction of bituminous wear course and appurtenances
in the Wagner Development Plats 1 & 2, Stillings-Hoeft
Addition, Priebe Addition, and School District Plat. The
typical assessments will be $450 - $620 per lot.
Kevin Cowles, 1105 Goebel Street, asked if the assess-
ments would be based on the original subdivision agree-
ment prior to when the School District Plat was prepared.
He inquired about the timeframe for the project.
The City Engineer responded the City would do wear
course paving in the spring. He planned to follow the
subdivision agreement as much as possible.
Project No. 93-10
Engineer Rodeberg noted the typical assessments for wear
course paving in Schmidtbauers Fourth Addition would be
$450 - $620.
Raymond Otto, 75 10th Avenue NE, requested the project be
delayed until fall.
The City Engineer noted nothing was legally binding until
after the public hearing was held. He noted that this
project could be the last scheduled, so it would not
affect housing construction.
3
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
Project No. 93-11
Engineer Rodeberg stated the subdivision agreement would
determine the assessments on the project for North Oak
Ridge and Hellands Third and Seventh.
No one was present to be heard regarding the project.
Project No. 93-12
Engineer Rodeberg explained the typical assessment for
Plaza Heights (blocks 3, 4, 5, & 6) would be $1,200 -
$2,500.
No one was present to be heard regarding the project.
Project No. 93-13
Engineer Rodeberg reported the typical assessment for
Mac's Bluff would be $2,600 - $4,500.
No one was present to be heard regarding the project.
The motion was made by Councilman Lenz, seconded by Coun-
cilman Torgerson and unanimously carried, to close the
hearing at 8:27 P.M.
Councilman Lenz moved to approve and to order the
improvement and preparation of plans and specifications,
and to waive reading and adopt Resolution No. 9893.
Motion seconded by Councilman Erickson and unanimously
carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) DISCUSSION OF YOUTH CENTER SURVEY
John Arlt presented the youth center survey which will be
distributed through the school to students in grades 6 -
11. The survey results will be available in March.
(b) CONSIDERATION OF REQUEST BY KNIGHTS OF COLUMBUS FOR TWO
PORTABLE SIGNS TO ADVERTISE ANNUAL FISH FRY
Following discussion, Councilman Erickson moved to
approve the two portable signs without charge. Motion
seconded by Councilman Torgerson and unanimously carried.
4
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
(c) CONSIDERATION OF REDUCING FENCE HEIGHT AT 533 HURON
STREET
Following discussion, Councilman Torgerson moved to
direct the City Attorney to review the situation and
report back. Motion seconded by Councilman Lenz and
unanimously carried.
(d) DISCUSSION BY SHARON DEZIEL OF MULTIPLE SCLEROSIS SOCIETY
OPERATING PULL TABS AT HUTCH BOWL
Sharon Deziel requested approval to put pull tabs in the
Hutch Bowl. The City would receive 10 percent directly
from the income of the pull tabs, and the funds could be
used for worthwhile projects in the community.
The City Attorney stated the City ordinance would have to
be amended to allow an outside organization to obtain a
local gambling license. Attorney Anderson recommended
the City Administrator talk to the other license holders.
Then the topic would be discussed again at the March 9,
1993 Council meeting.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to defer to
the March 9, 1993 meeting.
(e) DISCUSSION OF DOLLAR RAISE IN MIDWEST CABLEVISION FEES
Following discussion, Councilman Torgerson moved to
reject the one dollar fee increase and to refer to City
Attorney regarding the legality of the increase. Motion
seconded by Councilman Lenz and unanimously carried.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9887 - RESOLUTION FOR PURCHASE
The motion was made by Councilman Torgerson, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(b) RESOLUTION NO. 9888 - RESOLUTION RELATING TO FINANCING A
WATER STORAGE TOWER TO BE UNDERTAKEN BY THE CITY OF
HUTCHINSON; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to waive
6
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
reading and adopt.
(c) RESOLUTION NO. 9889 - 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 Councilman Lenz, seconded by
Councilman Erickson and unanimously carried, to waive
reading and adopt.
(d) RESOLUTION NO. 9890 - RESOLUTION ACCEPTING PLEDGED
SECURITIES FROM MARQUETTE BANK OF HUTCHINSON, MINNESOTA
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to waive
reading and adopt.
(e) RESOLUTION NO. 9891 - RESOLUTION ADOPTING YOUTH CENTER
BUDGET FISCAL YEAR 1993
The motion was made by Councilman Torgerson, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(f) ORDINANCE NO. 93-74 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL
ZONING MAP (HTI PROPERTY)
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to waive
second reading and adopt.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF SUPPLEMENTAL CONSULTANT AGREEMENT WITH
SHORT ELLIOTT HENDRICKSON INC. FOR ADAMS STREET/TH 22
RECONSTRUCTION (DEFERRED JANUARY 26, 1993)
City Engineer Rodeberg presented a report on the project.
He suggested terminating the SEH agreement and allowing
MN/DOT to do the project according to their schedule.
Engineer Rodeberg will meet with MN/DOT officials and
report back to the Council.
A petition was received by the Council which contained 50
signatures out of 66 property owners opposed to the Adams
Street project.
0
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
No action was taken, and Engineer Rodeberg will report
back to the Council at a future meeting.
(b) DISCUSSION OF COUNTRY CLUB TERRACE MOBILE HOME PARK
Director Randy DeVries reviewed the MVTL Laboratories
wastewater survey of flow data for the Country Club
Terrace Mobile Home Park which covered the period of
January 29 to February 5, 1993. He stated the purpose of
the flow study was to monitor the wastewater discharged
from the Country Club Terrace trailer court.
No action was taken. The City Attorney will meet with
Director DeVries, Bill Block, and Mr. Block's attorney
next week to discuss the issue.
9. NEW BUSINESS
(a) CONSIDERATION OF RECOMMENDATION FOR PURCHASE OF POLICE
DEPARTMENT VEHICLE
During discussion, it was the consensus of the Council
that acceptance of the second lowest bid from Plowman
Ford justified the $446 difference in cost of the low bid
by the time and expense incurred for City employee(s) to
drive back and forth to Superior Ford in Plymouth for
service on the vehicle.
The motion was made by Councilman Torgerson to accept the
quote from Plowman Ford for $14,114.00 for the police
car. Motion seconded by Councilman Erickson and unani-
mously carried.
(b) CONSIDERATION OF APPROVAL FOR USE OF VACATED OLD FIRE
STATION BUILDING
Following discussion, Councilman Lenz moved to have City
staff review use of the old fire station building and
bring back suggestions. Motion seconded by Councilman
Torgerson and unanimously carried.
(c) CONSIDERATION OF WORKERS COMPENSATION INSURANCE CHANGE
Insurance agent Dennis Potter presented the workers'
compensation retrospective rating program of the League
of Minnesota Cities Insurance Trust. He recommended the
City change from its current guaranteed cost plan to the
League's conservative retrospective rating plan to be
effective February 1, 1993.
7
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
Following discussion, Councilman Erickson moved to
approve the terms of they League of Minnesota Cities
Insurance Trust, effectiv` February 1, 1993. Motion
seconded by Councilman Torgerson and unanimously carried.
(d) DISCUSSION OF ADAMS STREET (TH 22) COOPERATIVE AGREEMENT
WITH MN/DOT
This item was deferred (see 8-a).
(e) CONSIDERATION OF AIRPORT CONSULTANT AGREEMENT WITH TKDA
REGARDING AIRPORT CONSTRUCTION SERVICES
Engineer Rodeberg stated the TKDA supplemental agree-
ment for construction services and contract closeout was
necessary to proceed with the airport improvements.
Following discussion, Councilman Lenz moved to approve
the supplemental agreement with TKDA. Motion seconded by
Councilman Torgerson and unanimously carried.
(f) CONSIDERATION OF SUPPLEMENTAL AGREEMENT FOR OTTER LAKE
(CROW RIVER) SEDIMENT ANALYSIS WITH BARR ENGINEERING
The City Engineer reported Barr Engineering's Phase I
project expenditures will total $14,000. They are
requesting an additional $4,500 to include sediment core
sampling and analyses, for a total of $18,500.
Following discussion, Councilman Torgerson moved to
approve the agreement with Barr Engineering. Motion
seconded by Councilman Lenz and unanimously carried.
(g) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR
INTOXICATING LIQUOR LICENSE APPLICATION FROM DAVID M.
SOWERS AND RICHARD S. BLACK FOR THE FLYERS/HI TOPS BAR &
GRILL
During discussion, it was the consensus of the Council to
inform the current liquor license holder to submit a
notice of intent to surrender his liquor license before
the hearing. Also, the applicants will be notified of
the requirement to have a restaurant license by the date
of the public hearing.
Following discussion, Councilman Torgerson moved that the
applicants have a restaurant license in hand at the time
of the public hearing on February 23, 1993, at 8:00 P.M.
0
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
Motion seconded by
carried.
10. MISCELLANEOUS
Councilman Lenz and unanimously
(a) COMMUNICATIONS FROM PSI RECYCLING
Gary Bergemann submitted an application for a temporary
recyclable material collection license. Following
discussion, Councilman Lenz moved to deny the license.
Motion seconded by Councilman Torgerson and unanimously
carried.
(b) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson presented a Findings regarding Junker
litigation which required Council approval. Since
Junker Sanitation Services did not file any further
appeals on the first lawsuit, he was confident the
lawsuit was near completion.
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and unanimously carried, to approve the
findings.
The City Attorney reported the appraisal on the Sheppard
property had been received. He will present it at the
next Council meeting.
(c) COMMUNICATIONS FROM DIRECTOR OF FINANCE
Director Kenneth B. Merrill reported on a telephone call
regarding Erickson's quote for the liquor store cooler.
Since there was no communication on the height of the
cooler, a 10 foot cooler at $30,000 was ordered instead
of the authorized 6 foot cooler at $26,000. It was the
consensus of the Council to honor the quoted price from
Erickson's for the approved cooler.
Mr. Merrill stated a tire recycling day will be held in
Hutchinson on April 17 and in Glencoe on April 24 by BFI
Tire Recyclers. There will be a nominal charge for each
tire dropped off.
The Council was reminded of upcoming meetings with the
HCDC Board at 7:00 P.M. and the Utilities Commission at
8:15 P.M. on February 22 at the Hutchinson Community
Hospital Conference Room.
D
CITY COUNCIL MINUTES - FEBRUARY 9, 1993
It was reported the City's vision statement had been
prepared by Kathleen Skarvan. It will be reviewed by the
directors on February 16.
Since the Finance Director was not able to present his
annual report, Councilman Lenz moved to hold a special
meeting February 23, 1993 at 6:00 P.M. for the Finance
Director and City Administrator's annual reports. Motion
seconded by Councilman Torgerson and unanimously carried.
(d) COMMUNICATIONS FROM COUNCILMAN TORGERSON
Councilman Torgerson reported on a telephone call regard-
ing a smashed garbage can. He referred the caller to
City Hall.
(e) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ
Councilman Lenz commented on a problem with the special
garbage bag sticker not adhering to the bag.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg commented on the recent meeting in
Glencoe with the County Commissioners and legislators.
He suggested the City consider lobbying for funding.
(g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland stated he attended the Pioneerland Regional
Library System meeting in Glencoe on February 8.
The Mayor requested the City Attorney to prepare an
amended ordinance regarding the number of members serving
on the Hospital/Nursing Home Board.
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Councilman Torgerson, seconded by
Councilman 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 9:50
P.M.
10