09-22-1992 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 22, 1992
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 (7:55
P.M.).
2. INVOCATION
The invocation was given by the Reverend Thor Skeie.
PRESENTATION: 011i -Matti Suominen, exchange student from Finland,
presented Mayor Ackland and the Council members with a book
and a letter from the Mayor of his hometown, Hameenlinna,
Finland.
3. MINUTES
The minutes of the regular meeting of September 8, 1992, bid
openings of September 11, 1992 and September 14, 1992 were
approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - AUGUST 1992
2. SENIOR ADVISORY BOARD MINUTES OF SEPTEMBER 10, 1992
3. PLANNING COMMISSION MINUTES OF AUGUST 18, 1992
(b) REPORT OF CITY INVESTMENTS
The motion was made by Councilman Lenz, seconded by Coun-
cilman Mlinar and unanimously carried, to order the
reports and minutes filed.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) DISCUSSION OF ACCESS TO COAST TO COAST STORE BUILDING
Al Kramer, owner of Coast to Coast Store, reported Erick -
son's was requesting payment from him of $1,300 plus a
CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
maintenance fee to surface the vacated alley behind his
store. Otherwise, Erickson's proposed to install a con-
crete divider between the two lots.
Following discussion, it was decided the City would send
a letter to Erickson's expressing its concern of two
driveways coming into one area.
(b) CONSIDERATION OF REQUEST AND CORRESPONDENCE FROM
MAINSTREET ASSOCIATION REGARDING A SPECIAL SERVICE
DISTRICT
Following discussion, it was the consensus of the Council
to hold a public hearing regarding a special service dis-
trict prior to adoption of an ordinance.
(c) CONSIDERATION OF REQUEST FROM CROW RIVER ARTS GUILD FOR
ADDITIONAL ALLOCATIONS FROM CITY
Director Bernard Schulte reported the Arts Guild was ex-
periencing financial difficulties. He suggested some
alternative courses of action which included joint use of
city -owned facilities.
Following discussion, Councilman Mlinar moved to appoint
an ad hoc committee to study the joint -use concept.
Motion seconded by Councilman Torgerson and unanimously
carried.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 92-67 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, CHANGING THE BOUNDARIES OF
ELECTION PRECINCTS AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and unanimously carried, to waive second
reading and adopt.
(b) RESOLUTION NO. 9801 - RESOLUTION FOR PURCHASE
The motion was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried, to waive
reading and adopt.
(c) RESOLUTION NO. 9802 - RESOLUTION CHANGING HUTCHINSON
PLANNING COMMISSION MEETING TIME
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
The motion was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried, to waive read-
ing and adopt.
(d) RESOLUTION NO. 9816 - RESOLUTION ADOPTING ASSESSMENT
ROLLS AND CERTIFYING UNPAID BILLS
The motion was made by Councilman Torgerson, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(e) RESOLUTION NO. 9817 - A RESOLUTION AMENDING RESOLUTION
NO. 9593, PERSONNEL POLICY DATED NOVEMBER 12, 1991
The motion was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried, to waive
reading and adopt.
(f) RESOLUTION NO. 9815 - RESOLUTION ADOPTING GENERAL RECORDS
RETENTION SCHEDULE
The motion was made by Councilman Erickson, seconded by
Councilman Mlinar and unanimously carried, to waive read-
ing and adopt.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF DUMPSTER LOCATION FOR 101 PARK PLACE
(DEFERRED SEPTEMBER 8, 1992)
Following discussion, the motion was made by Councilman
Mlinar to defer. Motion seconded by Councilman Lenz and
unanimously carried.
(b) CONSIDERATION OF MAC'S BLUFF ASSESSMENT AGREEMENT WITH
HRA/GARY HASSE (DEFERRED SEPTEMBER 8, 1992)
Following discussion, Councilman Torgerson moved to
table. Motion seconded by Councilman Mlinar and unani-
mously carried.
(c) CONSIDERATION OF HEALTH AND DENTAL INSURANCE RENEWALS
(DEFERRED SEPTEMBER 8, 1992)
Following discussion, Councilman Torgerson moved to
approve the insurance renewals effective January 1, 1993.
Motion seconded by Councilman Mlinar and unanimously car-
ried.
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
(d) CONSIDERATION OF NEW PETRO FUND REIMBURSEMENT APPLICATION
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Following discussion, Councilman Torgerson moved to auth-
orize discontinuation of service at noon on September 28
unless other arrangements had been made. Motion seconded
by Councilman Lenz and unanimously carried.
(b) CONSIDERATION OF REQUEST BY AAGARD WEST REGARDING CHANGES
IN DESIGNATED DAY FOR REFUSE PICKUP
Following discussion, Councilman Torgerson moved to
approve the changes to be effective November 1, 1992.
Motion seconded by Councilman Mlinar and unanimously car-
ried.
(c) CONSIDERATION OF INTERIM REFUSE HAULING AGREEMENT FOR
MONTH OF OCTOBER WITH AAGARD WEST
Administrator Plotz reported on negotiations with refuse
haulers Witte Sanitation and Aagard West. Aagard's
charge will be $15.75 for October. However, the City
will not make any rate adjustment for only one month.
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve and enter into contract with Aagard.
(d) DISCUSSION OF NPDES PERMITS AT AIRPORT, STREET GARAGE AND
WASTEWATER FACILITY
Engineer Rodeberg reported a new federal mandate required
a permit application by October which may limit future
use.
(e) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
NO. 278 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 6,
PROJECT NO. 92-10 (CENTURY AVENUE)
Following discussion, Councilman Torgerson moved to
approve preparation of Roll No. 278, to hold a public
hearing at 8:00 P.M. on October 13, 1992, and to waive
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
readings and adopt Resolutions No. 9803 and No. 9804.
Motion seconded by Councilman Erickson and unanimously
carried.
(f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
NO. 281 AND ACCEPTING WAIVER OF HEARINGS FOR LETTING NO.
13, PROJECT NO. 92-19 (HASSE HILLS FIRST ADDITION)
Following discussion, Councilman Torgerson moved to
approve and accept Roll No. 281, to waive hearings, and
to waive readings and adopt Resolutions No. 9805 and No.
9806. Motion seconded by Councilman Lenz and unanimously
carried.
(g) CONSIDERATION OF ADOPTING ASSESSMENT ROLL NO. 281 AND
AWARDING CONTRACT FOR LETTING NO. 13, PROJECT NO. 92-19
(HASSE HILLS FIRST ADDITION)
Following discussion, Councilman Lenz moved to approve
and adopt Roll No. 281, to award contract to Juul Con-
tracting Company for $146,641.92, and to waive readings
and adopt Resolutions No. 9807 and No. 9808. Motion sec-
onded by Councilman Torgerson and unanimously carried.
(h) DISCUSSION OF AIRPORT APPRAISAL
Engineer Rodeberg reported the appraisals for acquisition
of property required for the airport improvement con-
struction had been completed. He requested an appraisal
by Dave Lorence, at a cost not to exceed $350, of the
remaining property south of CSAH 8 which belongs to the
Fair Association. This parcel was an uneconomic remnant.
Following discussion, Councilman Lenz moved to approve
the appraisal. Motion seconded by Councilman Torgerson
and unanimously carried.
(i) DISCUSSION OF FRANKLIN AVENUE PARKING REQUESTED BY
HUTCHINSON TELEPHONE COMPANY
During discussion it was pointed out that Second Avenue
had been vacated on the alley side. Both Marquette Bank
and Richard Smith need to be notified that the City will
not be removing snow in this area. No action was taken.
(j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM
DAGGETT, HUTCHINSON MANUFACTURING, WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
Following discussion, Councilman Mlinar moved to approve
the permit and to waive reading and adopt Resolution No.
9798. Motion seconded by Councilman Lenz and unanimously
carried.
(k) CONSIDERATION OF VACATION OF UTILITY EASEMENT IN CASA
ADDITION REQUESTED BY BARRY BARTON WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Mlinar moved to approve
the vacation, to waive the first reading of Ordinance No.
92-68, and to set second reading for October 13, 1992.
Motion seconded by Councilman Erickson and unanimously
carried.
(1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
ROGER STEARNS, STEARNSWOOD, WITH FAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
Following discussion, Councilman Erickson moved to
approve the permit, to waive reading and adopt Resolu-
tion No. 9799. Motion seconded by Councilman Lenz and
unanimously carried.
(m) CONSIDERATION OF VARIANCE REQUESTED BY PETER HOEGER FOR
NON -CONFORMING DRIVEWAY AND CONSTRUCTION OF GARAGE WITH
FAVORABLE/UNFAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Lenz moved to approve
the driveway variance as recommended by the Planning
Commission and to waive reading and adopt Resolution No.
9818. Motion seconded by Councilman Erickson and unani-
mously carried.
Councilman Lenz moved to approve rejecting the garage
variance as recommended by the Planning Commission. Mo-
tion seconded by Councilman Mlinar and unanimously car-
ried.
(n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
JEANETTE HARRIS TO MOVE 1972 MOBILE HOME TO MCDONALD'S
TRAILER COURT WITH FAVORABLRE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Erickson moved to
approve the permit, with the stipulation that the
requirements of the Life Safety Code be met, and to waive
reading and adopt Resolution No. 9800. Motion seconded
P,
CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
by Councilman Mlinar and unanimously carried.
(o) CONSIDERATION OF FINAL PLAT OF SIOUX HILLS NO. 2
SUBMITTED BY SKIP QUADE (TWO MILE RADIUS--ACOMA TOWNSHIP)
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Mlinar moved to refer
the final plat to the County with the two stipulations
that certified installers and inspectors review the
septic systems and a subdivision agreement be recorded
with the plat. Motion seconded by Councilman Lenz and
unanimously carried.
(p) CONSIDERATION OF SKETCH PLAN SUBMITTED BY MICHAEL ROSE
(TWO MILE RADIUS--ACOMA TOWNSHIP) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to refer
to the County with stipulations recommended by Planning
Commission. Motion seconded by Councilman Mlinar and
unanimously carried.
(q) CONSIDERATION OF PRELIMINARY PLAT OF HUEBERT'S
SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS--
ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Lenz moved to refer to
the County with recommendations of Planning Commission.
Motion seconded by Councilman Mlinar and unanimously car-
ried.
(r) CONSIDERATION OF PRELIMINARY PLAT OF HUEBERT'S SECOND
SUBDIVISION SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS--
ACOMA TOWNSHIP) WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Torgerson moved to refer
to the County with recommendations of Planning Commis-
sion. Motion seconded by Councilman Lenz and unanimously
carried.
(s) CONSIDERATION OF ANNEXATION PROCEEDINGS REQUESTED BY
HUTCHINSON TECHNOLOGY, INC. WITH FAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
During discussion it was suggested Mick Wigen's property
should also be annexed since it is surrounded on three
sides by the City.
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
Councilman Erickson moved to approve and refer the annex-
ation request to the Minnesota Municipal Board. Motion
seconded by Councilman Mlinar and unanimously carried.
(t) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEED LOT
REQUESTED BY KURT REINER (TWO MILE RADIUS--HUTCHINSON
TOWNSHIP) WITH UNFAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Torgerson moved to refer
to County with unfavorable recommendation since the prop-
erty was not large enough to support a feed lot. Motion
seconded by Councilman Mlinar and unanimously carried.
(u) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
NO. 279, WAIVING HEARING AND ADOPTING ROLL FOR LETTING
NO. 9, PROJECT NO. 92-14
Following discussion, Councilman Torgerson moved to
approve and adopt Roll No. 279, to waive hearing, and to
waive readings and adopt Resolutions No. 9809, No. 9810,
and No. 9811. Motion seconded by Councilman Mlinar and
unanimously carried.
(v) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
NO. 280, WAIVING HEARING AND ADOPTING ROLL FOR LETTING
NO. 12, PROJECT NO. 92-18
Following discussion, Councilman Lenz moved to approve
and adopt Roll No. 280, to waive hearing, and to waive
readings and adopt Resolutions No. 9812, No. 9813 and No.
9814. Motion seconded by Councilman Torgerson and unani-
mously carried.
(w) CONSIDERATION OF SIGN POLICY TO INSTALL "NO PARKING"
SIGNS
Following discussion, Councilman Mlinar moved to approve.
Motion seconded by Councilman Lenz and unanimously car-
ried.
(x) CONSIDERATION OF RELEASE OF COLLATERAL FOR HUTCHINSON
TECHNOLOGY BONDS
Following discussion, Councilman Erickson moved to
approve release. Motion seconded by Councilman Mlinar
and unanimously carried.
CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
(y) CONSIDERATION OF CONTRACTUAL AGREEMENT BETWEEN CITY OF
HUTCHINSON AND AAGARD WEST FOR RESIDENTIAL REFUSE SERVICE
During discussion it was determined the City would desig-
nate the pickup location for refuse.
Councilman Torgerson moved to approve and enter into a
three year contract with Aagard West, including the
Mayor's recommended amendment, to be effective November
1, 1992. Motion seconded by Councilman Lenz and unani-
mously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz reported landfill proposals were
opened today, and it was his recommendation to award a
three year contract to McLeod County Landfill.
Councilman Mlinar moved to enter into a three year con-
tract with McLeod County Landfill. Motion seconded and
unanimously carried.
(b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ
Councilman Lenz commented on the City of Fairfax with-
drawing from the Pioneerland Library System. Discussion
followed concerning whether or not a city had to belong
to a regional system. It was recommended to have the
County do research on the library system issue.
(c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR
Councilman Mlinar stated he would like a copy of minutes
from the long-range planning meeting held this morning.
He also reported on a conversation with Jay Freedland re-
garding purchase of property in the location of the farm-
ers elevator to relocate his salvage business.
(d) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON
Councilman Erickson inquired about the water/sewer delin-
quent bills. He stated one property was sold so the
former owner was listed on the delinquent list, but the
present owner would have the water shut off.
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CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson reported on a drainage problem between
two adjoining lots on California Street. The affected
parties have reached an agreement which will require the
City to consent to the hookup of a sump pump discharge
pipe to the storm sewer located adjacent to the Koelln
residence. Since this is an invasion of the storm sewer
on a line, City Council consent is required.
Councilman Torgerson moved to permit the hookup of a sump
pump discharge pipe to the storm sewer on California
Street if the appropriate agreement was entered into and
to waive reading and adopt Resolution No. 9819. Motion
seconded by Councilman Lenz and unanimously carried.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg stated the signal lights on Main Street
were being installed, and the street light painting would
begin on September 27. He also commented there was an
error on the pedestrian bridge. The DNR required an
additional 20 feet which would be a $8-10,000 additional
cost.
(g) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland referred to a letter from the Hospital/
Nursing Home Board requesting a reduction in the number
of members from nine to seven. He directed the City
Attorney to prepare an ordinance to amend the present
ordinance.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Councilman Torgerson, seconded by
Councilman 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
10:10 P.M.
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