08-25-1992 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 25, 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 (7:50 P.M).
2. INVOCATION
The invocation was given by the Reverend Richard Gross.
3. MINUTES
The minutes of the regular meeting of August 11, 1992, special
meetings of August 4, 7 & 17, 1992 and bid openings of August
17, 1992 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES OF JULY 21, 1992
2. AIRPORT COMMISSION MINUTES OF JULY 27, 1992
3. HOSPITAL/NURSING HOME BOARD MINUTES OF MAY 19, 1992;
JUNE 16, 1992; JULY 28, 1992
(b) REPORT OF CITY INVESTMENTS
(c) APPOINTMENTS
1. POLICE CIVIL SERVICE COMMISSION - JOHN DECKER
2. PARKS & RECREATION BOARD - MICHAEL SCHALL
3. UTILITIES COMMISSION - ROGER GILMER
4. AIRPORT COMMISSION - TIM MILLER
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and unanimously carried, to order the
report and minutes filed and to ratify appointments.
5. PUBLIC HEARING
None.
CITY COUNCIL MINUTES - AUGUST 25, 1992
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) REPORT ON OLD WASTEWATER TREATMENT FACILITY BY GENE
JESERITZ (AQUA FOODS)
Gene Jeseritz reported a feasibility study was conducted
on finding alternative uses for the facility. Two areas
researched were raising fish or mushrooms in the old
wastewater building. Since the one-year option to lease
the facility had expired and no definite use for the
facility had been determined, he would not be exercising
the option to lease the building.
(b) COMMUNICATION FROM EARL FITZLOFF CONCERNING SOUTH GRADE
ROAD/LYNN ROAD STREET PROJECT
Earl Fitzloff expressed concern about the Lynn Road traf-
fic flow design and the difficulty of access to his busi-
ness. He had contacted the Willmar MN/DOT office, and
they were willing to work with the City to resolve the
problem. Mr. Fitzloff thought the present intersection
layout should be reviewed and altered at the same time
the South Grade Road project was done.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 92-63 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 8.09,
SUBD. 2(H) AND ADDING THERETO ADDITIONAL SUBDIVISION AND
BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION
2.99 WHICH, AMONG OTHER THINGS, CONTAINED PENALTY
PROVISIONS (SNOWMOBILE)
The motion was made by Councilman Mlinar, seconded by
Councilman Lenz and unanimously carried, to table for
amendments.
(b) ORDINANCE NO. 92-64 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF
MUNICIPALLY OWNED REAL ESTATE 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 Mlinar and unanimously carried, to table for
legal description.
(c) ORDINANCE NO. 92-65 - AN ORDINANCE TO VACATE UTILITY
EASEMENT IN HUTCHINSON MALL PLAT 2
V,
CITY COUNCIL MINUTES - AUGUST 25, 1992
The motion was made by Councilman Lenz, seconded by Coun-
cilman Torgerson and unanimously carried, to waive second
reading and adopt.
(d) RESOLUTION NO. 9776 - RESOLUTION SETTING ELECTION,
LOCATION OF ALL PRECINCTS (ONE, TWO & THREE) AND
APPOINTING OF JUDGES FOR THE STATE PRIMARY AND GENERAL
ELECTIONS
The motion was made by Councilman Erickson, seconded by
Councilman Mlinar and unanimously carried, to waive read-
ing and adopt.
(e) RESOLUTION NO. 9778 - RESOLUTION FOR PURCHASE
The motion was made by Councilman Mlinar, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(f) RESOLUTION NO. 9779 - RESOLUTION ACCEPTING BID AND
AWARDING CONTRACT, LETTING NO. 9, PROJECT NO. 92-14
The motion was made by Councilman Mlinar, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(g) RESOLUTION NO. 9780 - RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS,
LETTING NO. 13, PROJECT NO. 92-19
The motion was made by Councilman Torgerson, seconded by
Councilman Lenz and unanimously carried, to waive reading
and adopt.
(h) RESOLUTION NO. 9788 - RESOLUTION RELEASING PLEDGED
SECURITIES TO CITIZENS BANK & TRUST CO.
The motion was made by Councilman Lenz, seconded by Coun-
cilman Torgerson and unanimously carried, to waive read-
ing and adopt.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
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CITY COUNCIL MINUTES - AUGUST 25, 1992
Councilman Torgerson moved to recommend service be dis-
continued on August 31 at noon unless other arrangements
had been made. Motion seconded by Councilman Erickson
and unanimously carried.
(b) CONSIDERATION OF CROSS EASEMENT AGREEMENT BETWEEN SHOPKO
STORES, INC. AND CITY OF HUTCHINSON (PHASE I - HUTCHINSON
DOWNTOWN REDEVELOPMENT PROJECT)
The motion was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried, to defer.
(c) CONSIDERATION OF AWARDING BID FOR MOTOR GRADER WITH
ATTACHMENTS
The motion was made by Councilman Mlinar, seconded by
Councilman Erickson and unanimously carried, to approve
and award contract to Road Machinery & Supplies Co. for
a total price after trade-in of $108,093.
(d) CONSIDERATION OF AWARDING BID FOR LETTING NO. 6, PROJECT
NO. 92-10
Following discussion, Councilman Lenz moved to defer.
Motion seconded by Councilman Torgerson and unanimously
carried.
(e) CONSIDERATION OF AWARDING BID FOR LETTING NO. 11, PROJECT
NO. 92-17 (CROW RIVER PEDESTRIAN BRIDGE)
Following discussion, Councilman Lenz moved to defer.
Motion seconded by Councilman Torgerson and unanimously
carried.
(f) CONSIDERATION OF HRA PARTICIPATION IN HOME RENTAL
REHABILITATION PROGRAM
Following discussion, Councilman Mlinar moved to approve
and to waive reading and adopt Resolution No. 9777. Mo-
tion seconded by Councilman Torgerson and unanimously
carried.
(g) CONSIDERATION OF AUTHORIZING COMMITTEE OF CITY COUNCIL
AND STAFF TO NEGOTIATE WITH VARIOUS LANDFILLS IN AREA
Following discussion, Councilman Mlinar moved to approve
the appointment of John Mlinar and Marlin Torgerson to
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CITY COUNCIL MINUTES - AUGUST 25, 1992
negotiation committee. Motion seconded by Councilman
Erickson and unanimously carried.
(h) CONSIDERATION OF LEASE AGREEMENT WITH MINNESOTA
DEPARTMENT OF PUBLIC SAFETY; DRIVER AND VEHICLE SERVICES
Following discussion, Councilman Erickson moved to
approve and to enter into agreement. Motion seconded by
Councilman Lenz and unanimously carried.
(i) CONSIDERATION OF AMENDMENTS TO ZONING ORDINANCE NO. 464
REQUESTED BY STAFF WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, Councilman Lenz moved to approve
and to waive first reading of Ordinance No. 92-66 and to
set second reading for September 8, 1992. Motion sec-
onded by Councilman Torgerson and unanimously carried.
(j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
BARRY BARTON FOR STORAGE UNITS ON TEXAS AVENUE WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9781. Motion seconded
by Councilman Mlinar and unanimously carried.
(k) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HASSE
HILLS FIRST ADDITION SUBMITTED BY GARY HASSE WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9782. Motion seconded
by Councilman Mlinar and unanimously carried.
(1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
ALLIED MECHANICAL TO MOVE TEMPORARY OFFICE SPACE ONTO
PROPERTY LOCATED AT 340 MICHIGAN STREET WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9783. Motion seconded
by Councilman Mlinar and unanimously carried.
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CITY COUNCIL MINUTES - AUGUST 25, 1992
(m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
MCLEOD COUNTY AGRICULTURE ASSOCIATION TO CONSTRUCT AND
MOVE BUILDINGS ON FAIRGROUNDS PLAT WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9784. Motion seconded
by Councilman Mlinar and unanimously carried.
(n) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF CITY OF
HUTCHINSON STREET RIGHT-OF-WAY PLAT NO. 1 SUBMITTED BY
CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9785. Motion seconded
by Councilman Mlinar and unanimously carried.
(o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
CRAIG EMERY TO MOVE MOBILE HOME INTO COUNTRY CLUB TERRACE
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9786. Motion seconded
by Councilman Mlinar and unanimously carried.
(p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
ALLEN BROWN TO MOVE GARAGE WITH FAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
Following discussion, Councilman Torgerson moved to
approve Planning Commission recommendation and to waive
reading and adopt Resolution No. 9787. Motion seconded
by Councilman Mlinar and unanimously carried.
(q) CONSIDERATION OF AWARDING 1992 IMPROVEMENT BONDS
Dave Maroney of Ehlers & Associates reported on the bids
received and recommended award to low bidder, First Bank
System (FBS). He stated the City was assigned a Baa 1
rating by Moody's Investors Service to the 1992 bonds.
Following discussion, Councilman Mlinar moved to approve
First Bank System and to waive reading and adopt Resolu-
tion No. 9789. Motion seconded by Councilman Torgerson
and unanimously carried.
CITY COUNCIL MINUTES - AUGUST 25, 1992
(r) CONSIDERATION OF ESTABLISHING A TAX LEVY GUIDELINE
Finance Director Kenneth B. Merrill requested the Council
establish a 1993 tax levy as a guide for preparation of
the 1993 budget. Following discussion, the Council left
it to City staff expertise to prepare a proposed 1993
budget.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz reported on the status of the refuse
hauling. He also commented on a joint meeting with the
County regarding a joint County/City/State public works
and highway facility. It was noted the Lenneman building
was available for purchase.
(b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR
Councilman Mlinar inquired about continued City pickup of
branches after a storm. He commented on the quantitative
use of the West River camp site this season.
(c) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland mentioned a September 22 meeting of the
Joint Maintenance Facility Committee and the County Com-
missioners to determine the location of the building.
(d) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ
Councilman Lenz commented on the denial of the applica-
tion for well protection funding and suggested the City
Engineer reapply next year.
(e) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON
Councilman Torgerson remarked that a no parking sign was
needed on Pishney Lane between Second Avenue SW and Third
Avenue SW. Engineer Rodeberg stated a Resolution would
be adopted at the next meeting.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg made reference to a proposed agreement
for the Cash Wise project in the Hutchinson Mall Plat 2.
It was the City Engineer's recommendation to wait until
1993 to complete the street project on South Grade Road
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CITY COUNCIL MINUTES - AUGUST 25, 1992
since Cash Wise would have access from Hwy. 15.
It was pointed out that although Northland Beverage had
received a permit to spread contaminated soil, the prop-
erty no longer belonged to them.
Engineer Rodeberg commented on street striping and paint-
ing the downtown street lights.
(g) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson commented on the telephone line reloca-
tion for the Festival Foods/Liquor Store project. The
Mayor and City Administrator had met with the telephone
company President and were assured the work would be
done.
The City Attorney stated the Phase II Downtown Redevelop-
ment project closing was held last week, and all the
documents were recorded.
Upon the City Attorney's recommendation, Councilman
Mlinar moved to set a special closed meeting at 6:30 P.M.
on September 8, 1992, to discuss Junker litigation.
Motion seconded and unanimously carried.
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 9:55
P.M.
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