07-28-1992 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 28, 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, and Don Erickson. Absent: Councilman
Marlin Torgerson. Also present: City Administrator Gary D.
Plotz, City Engineer John Rodeberg, and City Attorney G. Barry
Anderson.
2. INVOCATION
No one was present to give the invocation.
3. MINUTES
The minutes of the regular meeting of June 23, 1992 and July
14, 1992 and bid openings of July 20, 1992 were approved as
distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING COMMISSION MINUTES OF MAY 19, 1992 &
JUNE 16, 1992
(b) REPORT OF CITY INVESTMENTS
(c) SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CHURCH FALL
FESTIVAL
The motion was made by Councilman Lenz, seconded by Coun-
cilman Mlinar and unanimously carried, to order the
report and minutes filed and to issue the license.
5. PUBLIC HEARING - 8:00 P.M.
(a) ASSESSMENT ROLL NO. 277, LETTING NO. 4, PROJECT 92-07
(FIRST AVENUE NE)
Mayor Ackland called the public hearing to order at 8:25
P.M. and read Republication No. 4402.
Engineer Rodeberg reported only two properties would be
assessed; namely, Shopko and Simonson Lumber Co.
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Lenz and unanimously car-
ried, to close the hearing at 8:30 P.M.
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CITY COUNCIL MINUTES - JULY 28, 1992
Councilman Erickson moved to approve and adopt assessment
roll No. 277 and to waive reading and adopt Resolution
No. 9771. Motion seconded by Councilman Mlinar and unan-
imously carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) UPDATE PRESENTATION ON PIONEERLAND LIBRARY SYSTEM AND
BUDGET ITEMS
Director John Houlahan presented a report on the Pioneer -
land Library System and its 1992 budget.
(b) CONSIDERATION OF REQUEST TO BEGIN SEARCH FOR
ARCHITECTURAL CONSULTANT FOR REMODELED CITY HALL AT
MORE -4 SITE
During discussion it was suggested to seek an archi-
tectural consultant through a selection process or
negotiate a price with Short, Elliott and Hendrickson
since the firm did a previous study on City Hall.
Councilman Mlinar moved to approve a selection process
with a maximum of five firms. Motion seconded by Coun-
cilman Lenz and unanimously carried.
(c) DISCUSSION OF DEFERRED ASSESSMENTS FOR BEELER/ANDERSON
PROPERTY
Engineer Rodeberg commented on the background of this
issue and recommended retaining the past agreement.
No action was taken.
(d) DISCUSSION ON NEW LIQUOR STORE LAYOUT
Following discussion of the proposed layout, Councilman
Mlinar moved to accept the recommendation of Grinstead &
Associates regarding the liquor store layout for 6,255
square feet, contingent upon MN/DOT approval. Motion
seconded by Councilman Lenz and unanimously carried.
(e) PETITION FOR SUNDAY LIQUOR REFERENDUM
City Attorney Anderson stated there were inconsistencies
on the petitions submitted, and he would need to review
the petitions.
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Following discussion, Councilman Mlinar moved to hold a
special meeting at noon on August 4, 1992. Motion sec-
onded by Councilman Erickson and unanimously carried.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9767 - RESOLUTION FOR PURCHASE
The motion was made by Councilman Mlinar, seconded by
Councilman Erickson and unanimously carried, to waive
reading and adopt.
8. UNFINISHED BUSINESS
(a) DISCUSSION OF HIRING PROCEDURE FOR HCDC EXECUTIVE
DIRECTOR BY PRESIDENT JAMES BULLARD/HCDC BOARD
President James Bullard and Board Member Carol Haukos
reviewed the hiring procedure for a HCDC Executive Direc-
tor. It was their recommendation for the Council to: (1)
approve the HCDC interim appointment of Robert Kennebeck,
with administrative assistance, to be effective August 1,
1992, until year-end; (2) establish time frames for a
task force to accomplish specific goals; and (3) name a
selection committee to recruit necessary personnel.
Following discussion, Councilman Erickson moved to accept
the recommendations of the HCDC Board. Motion seconded
by Councilman Mlinar and unanimously carried.
(b) DISCUSSION OF USE OF MUNICIPAL PARKING LOT FOR ARTS AND
CRAFTS FESTIVAL (DEFERRED JULY 14, 1992)
It was reported the municipal parking lot located behind
the State Theater would be made available for exhibitors
to park their vehicles overnight, if necessary.
Councilman Erickson moved to approve use of the parking
lot. Motion seconded by Councilman Mlinar and unanimous-
ly carried.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
The motion was made by Councilman Lenz, seconded by Coun-
cilman Erickson and unanimously carried, to authorize
discontinuation of service at noon on August 3 unless
other arrangements were made.
(b) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 11,
PROJECT NO. 92-17 (CROW RIVER PEDESTRIAN BRIDGE)
CITY COUNCIL MINUTES - JULY 28, 1992
Following discussion, Councilman Mlinar moved to approve
the plans and specifications, to advertise for bids on
August 21, 1992 at 10:00 A.M., and to waive reading and
adopt Resolution No. 9768. Motion seconded by Council-
man Lenz and unanimously carried.
(c) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 6, PROJECT
NO. 92-10 (CENTURY AVENUE)
Following discussion, Councilman Lenz moved to approve
the plans and specifications, to advertise for bids on
August 21, 1992 at 10:00 A.M., and to waive reading and
adopt Resolution No. 9769. Motion seconded by Councilman
Erickson and unanimously carried.
(d) CONSIDERATION OF ACCEPTING WAIVER OF HEARINGS AND
AWARDING CONTRACT FOR LETTING NO. 12, PROJECT NO. 92-18
(INDUSTRIAL BOULEVARD)
Following discussion, Councilman Mlinar moved to approve
the hearings waiver, to award the contract to R.P. Utili-
ties for $163,869.32, and to waive reading and adopt Res-
olution No. 9770. Motion seconded by Councilman Lenz and
unanimously carried.
(e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FAIR
GROUNDS ADDITION SUBMITTED BY MCLEOD COUNTY AGRICULTURE
ASSOCIATION WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Mlinar moved to approve
the final plat and to waive reading and adopt Resolution
No. 9759. Motion seconded by Councilman Lenz and unani-
mously carried.
(f) CONSIDERATION OF REZONING AREA OF FAIR GROUNDS ADDITION
PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Lenz moved to approve
and to waive first reading of Ordinance No. 92-62 and to
set second reading for August 11, 1992. Motion seconded
by Councilman Mlinar and unanimously carried.
(g) CONSIDERATION OF SETBACK VARIANCE FOR GARAGE
CONSTRUCTION REQUESTED BY CHARLENE ANDERBERG WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Erickson moved to
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CITY COUNCIL MINUTES - JULY 28, 1992
approve and to waive reading and adopt Resolution No.
9760. Motion seconded by Councilman Lenz and unanimous-
ly carried.
(h) CONSIDERATION OF CONDITIONAL USE PERMIT FOR EDUCATION
WING CONSTRUCTION REQUESTED BY SHALOM BAPTIST CHURCH WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Mlinar moved to approve
the permit and to waive reading and adopt Resolution No.
9761. Motion seconded by Councilman Lenz and unanimously
carried.
(i) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE
HOME IN COUNTRY CLUB TERRACE REQUESTED BY BRIAN EASTRIDGE
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Lenz moved to approve
the permit, recognizing the Planning Commission's
recommendations of four conditions, and to waive reading
and adopt Resolution No. 9762. Motion seconded by Coun-
cilman Erickson and unanimously carried.
(j) CONSIDERATION OF VARIANCE TO REDUCE REAR YARD SETBACK FOR
ATTACHED GARAGE CONSTRUCTION REQUESTED BY LARRY MOEHRING
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Mlinar moved to approve
and to waive reading and adopt Resolution No. 9763. Mo-
tion seconded by Councilman Lenz and unanimously carried.
(k) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HUTCHINSON
MALL PLAT 2 SUBMITTED BY DEVELOPERS DIVERSIFIED WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Mr. Don Wetter, President of Coborns, presented drawings
of the proposed Hutchinson Cash Wise store. Engineer
Rodeberg commented on a traffic flow study in the area.
Discussion followed on how the plan for a raised median
could affect the local businesses on the north side of
South Grade Road.
Councilman Lenz moved to table
August 4, 1992 at noon. Motion
Mlinar and unanimously carried.
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to a special meeting on
seconded by Councilman
CITY COUNCIL MINUTES - JULY 281 1992
(1) CONSIDERATION OF VACATION OF UTILITY EASEMENTS LOCATED
IN HUTCHINSON MALL PLAT 2 SUBMITTED BY DEVELOPERS
DIVERSIFIED WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Councilman Lenz moved to table to
a special meeting on August 4, 1992 at noon. Motion sec-
onded by Councilman Mlinar and unanimously carried.
(m) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE
HOME IN COUNTRY CLUB TERRACE REQUESTED BY RICK GIESE WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Councilman Erickson moved to
approve the permit, with four conditions, and to waive
reading and adopt Resolution No. 9765. Motion seconded
by Councilman Mlinar and unanimously carried.
(n) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE HOUSE
REQUESTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, Councilman Mlinar moved to approve
the permit and to waive reading and adopt Resolution No.
9766. Motion seconded by Councilman Lenz and unanimously
carried.
(o) CONSIDERATION OF LOT SPLIT ON SHADY RIDGE ROAD REQUESTED
BY MILTON BRINKMAN WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, Councilman Erickson moved to
approve the lot split, with inclusion of the staff recom-
mendations. Motion seconded by Councilman Mlinar and
unanimously carried.
(p) CONSIDERATION OF FIREWORKS AT MCLEOD COUNTY FAIR
REQUESTED BY MCLEOD COUNTY AGRICULTURE ASSOCIATION
Following discussion, Councilman Erickson moved to
approve. Motion seconded by Councilman Mlinar and unan-
imously carried.
(q) CONSIDERATION OF NEW SHOULDER WEAPONS FOR POLICE
DEPARTMENT
Following discussion, Councilman Mlinar moved to approve.
Motion seconded by Councilman Lenz and unanimously car-
ried.
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CITY COUNCIL MINUTES - JULY 28, 1992
(r) CONSIDERATION OF CONTAMINATED PONDING SURFACE WATER AT
791 CALIFORNIA AVENUE
During discussion it was pointed out the problem was com-
ing from the county line into the city. It was suggested
the city cut off service at the city limits on the north
side of the road. No action was taken.
(s) CONSIDERATION OF INDIVIDUAL WATER/SEWER SERVICES AT
216 FIFTH AVENUE SW
Mr. Dick Lennes reported his neighbor's sewer line ran
through the basement of his property. Mr. Lennes was
willing to give a temporary easement but requested a
solution to the problem.
Following discussion, Councilman Erickson moved that
there be a direct connection on both properties by June
1, 1993. Motion seconded by Councilman Mlinar and unani-
mously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz reported on a meeting with the County
regarding assessment issues. It was the general consen-
sus that after a two or three year period, the delinquent
assessments should be dealt with on an independent basis.
A written City policy dealing with tax forfeiture prop-
erty will be prepared by the City staff and City Attorney
for the Council to review.
Mr. Plotz informed the Council that Dorothy Smith, Motor
Vehicle Registrar, was retiring August 28, 1992. He also
stated the Fire Department was considering reducing the
Fire Marshall position to part-time in the 1993 budget.
A report was given on the interim residential refuse
hauling. The specifications were being prepared for a
three-year contract, effective October 1, 1992, and a
joint meeting of the Refuse Contract Committee and
potential haulers will be held on August 4 to review
them. Mr. Plotz requested authorization to advertise for
bids from refuse haulers.
Motion by Councilman Lenz, seconded by Councilman Erick-
son and unanimously carried, to advertise and open bids
for residential haulers on August 17, 1992 at 10:00 A.M.
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CITY COUNCIL MINUTES - JULY 28, 1992
(b) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson discussed two cost items pertaining to
the downtown development project, namely the telephone
cable and parking improvements.
Following discussion, Councilman Erickson moved to ap-
prove a cost share arrangement of 25 percent City cost,
25 percent telephone company cost, and 50 percent
developer cost for the telephone cable and to assess the
developer for parking improvements. Motion seconded by
Councilman Mlinar and unanimously carried.
(c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg stated the County had requested a Reso-
lution for no parking on Bluff Street from 2:00 A.m. to
6:00 A.M. Councilman Lenz moved to waive reading and
adopt Resolution No. 9772 for no parking on Bluff Street.
Motion seconded by Councilman Mlinar and unanimously
carried.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Councilman Mlinar, seconded by
Councilman Erickson and unanimously carried, to approve
the claims and authorize payment from appropriate funds.
12. ADJOURNMENT
There being no further business, the meeting adjourned at
11:10 P.M.
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