05-26-1992 CCMf
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 26, 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
John Mlinar, Marlin Torgerson and Don Erickson. Absent: Coun-
cilman Craig Lenz. Also present: City Administrator Gary D.
Plotz, City Engineer John Rodeberg and City Attorney G. Barry
Anderson.
2.
3.
4.
5.
INVOCATION
The invocation was given by the Reverend Robert Brauer,
Seventh Day Adventist Church
CONSIDERATION OF MINUTES
The minutes of the special meeting of May 5, 1992, and bid
openings of May 4, May 6 and May 8, 1992 were approved as
distributed.
ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - APRIL 1992
2. FIRE DEPARTMENT MINUTES - APRIL 6 & 13, MAY 4 & 11,
1992
(b) REPORT OF CITY INVESTMENTS
The motion was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried, to order the
reports and minutes filed.
PUBLIC HEARING - 8:00 P.M.
(a) REVOCATION OF ISSUANCE OF LIQUOR LICENSE TO STEVE PICHA
DBA HUTCH PIZZA, INC.; J'S PIZZA GARTEN/SPORTS BAR
Mayor Ackland called the hearing to order at 8:00 P.M.
City Attorney Anderson reported on a telephone conversa-
tion with an IRS representative regarding non-payment of
delinquent taxes. The City received a letter from the
Department of Revenue stating they presently had no ob-
jection to the issuance of an intoxicating liquor license
for Steven R. Picha, dba J's Pizza Garten/Sports Bar.
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CITY COUNCIL MINUTES - MAY 26, 1992
Attorney Mark Carrigan, representing Mr. Picha, stated
Mr. Doherty had made arrangements concerning the unpaid
taxes. He requested Mr. Picha's license be made avail-
able at this time. He reported Hutch Pizza, Inc. was
dissolved, and the business now went under the name of
J's Sports Bar, which was not incorporated.
The motion was made by Councilman Erickson to close the
hearing at 8:05 P.M. Motion seconded by Councilman Tor-
gerson and unanimously carried.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to issue
liquor license.
(b) LETTING NO. 6, PROJECT NO. 92-10 & 92-11
Mayor Ackland called the hearing to order at 8:06 P.M.
and read Publication No. 4382.
Engineer Rodeberg reported on the proposed project and
its costs.
PROJECT NO. 92-10
No one was present to be heard.
Engineer Rodeberg stated there were drainage problems
because the property owner built too low for the site.
Councilman Torgerson moved to close the hearing at 8:10
P.M. Motion seconded by Councilman Mlinar and unanimous-
ly carried.
The motion was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried, to approve
Project No. 92-10 and to order preparation of plans and
specifications.
PROJECT NO. 92-11
No one was present to be heard.
The motion was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried, to close the
hearing at 8:15 P.M.
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CITY COUNCIL MINUTES - MAY 26, 1992
The motion was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried, to delete
Project No. 92-11 and to waive reading and adopt Reso-
lution No. 9733.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) PRESENTATION BY EUGENE HIPPE, MID -MINNESOTA DEVELOPMENT
COMMISSION
Executive Director Eugene Hippe presented a report on the
technical assistance and services the Commission has
provided to all the cities in the region, and specificly
Hutchinson.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 9726 - RESOLUTION ADOPTING POSITION
CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1992
The motion was made by Councilman Mlinar, seconded by
Councilman Erickson and unanimously carried, to waive
reading and adopt.
(b) RESOLUTION NO. 9731 - RESOLUTION FOR PURCHASE
The motion was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried, to waive read-
ing and adopt.
(c) ORDINANCE NO. 92-58 - ORDINANCE GRANTING MAIN STREET
ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON IN
LIBRARY SQUARE
During discussion the City attorney suggested the City
restrict use of the facility during specified events.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to waive
second reading and adopt.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
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CITY COUNCIL MINUTES - MAY 26, 1992
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to discon-
tinue service on June 1 at noon unless other arrangements
had been made.
(b) CONSIDERATION OF AMENDMENT TO LIQUOR LICENSE FOR MARK
GAARDER FOR SERVING INTOXICATING LIQUOR ON PROPOSED PATIO
During discussion the City Attorney stated the amendment
was an experiment, and the City Council would reserve the
right to revoke the permit at any time without cause and
for any reason.
Councilman Torgerson moved to approve the amendment.
Motion seconded by Councilman Mlinar and unanimously
carried.
(c) CONSIDERATION OF LETTER OF INTENT TO AWARD AIRPORT
IMPROVEMENT PROJECT BID
Engineer Rodeberg reported the letter of intent may be a
bidding document. He stated the City had a 50/50 chance
for funding within a two month period. No action was
taken.
(d) CONSIDERATION OF SUBDIVISION AGREEMENT FOR SIXTH GREEN
ESTATES SUBDIVISION
It was noted by the Director of Engineering that the name
of the plat was changed from Golf View Subdivision to
Sixth Green Estates Subdivision.
Following discussion, the motion was made by Councilman
Torgerson to approve. Motion seconded by Councilman
Mlinar and carried, with Councilman Erickson abstaining
from voting.
(e) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS --LETTING NO. 9, PROJECT
NO. 92-14, SIXTH GREEN ESTATES
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve the plans and specifications, to
order advertising for bids, and to waive reading and
adopt Resolution No. 9732.
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CITY COUNCIL MINUTES - MAY 26, 1992
(f) CONSIDERATION OF ASSESSMENTS ON THIRD AVENUE
Following discussion, Councilman Torgerson moved to drop
the 1968 assessments of $1,596. Motion seconded by Coun-
cilman Mlinar and unanimously carried.
(g) CONSIDERATION OF REQUEST FOR AUTHORIZATION OF INTERFUND
LOAN FOR PURCHASE OF STREET MAINTENANCE EQUIPMENT
Following discussion, the motion was made by Councilman
Torgerson to approve, seconded by Councilman Erickson and
unanimously carried.
(h) CONSIDERATION OF CONVERSION OF LONG DISTANCE TELEPHONE
SERVICE TO MCI
Following discussion, the motion was made by Councilman
Torgerson to approve, seconded by Councilman Erickson.
Motion failed three to one, with Councilman Torgerson
voting aye and Mayor Ackland and Councilmen Mlinar and
Erickson voting nay.
(i) CONSIDERATION OF REQUEST FOR OUT-OF-STATE TRAVEL BY RANDY
DEVRIES
Following discussion, the motion was made by Councilman
Erickson to approve, seconded by Councilman Torgerson and
unanimously carried.
(j) ITEM WITHDRAWN
(k) CONSIDERATION OF REQUEST FOR PURCHASE - LEASE OF UTILITY
VEHICLES
Director Dolf Moon reported the 1992 budget included
$15,000 to replace a vehicle in the Park & Recreation
Department. It was his recommendation to purchase two
John Deere AMTS ($7,991.90) and to enter into a lease
arrangement with L & P Supply for two vehicles at an
annual cost of $1,200 through 1997.
Following discussion, the motion was made by Councilman
Torgerson to approve, seconded by Councilman Mlinar and
unanimously carried.
(1) CONSIDERATION OF LEASE AGREEMENT FOR DRY DOCK
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Erickson and unanimously
carried, to approve a six-month lease at $750 per month.
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CITY COUNCIL MINUTES - MAY 26, 1992
(m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM
DAGGETT, HUTCHINSON MANUFACTURING, WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Mlinar to approve and issue permit and to waive reading
and adopt Resolution No. 9727. Motion seconded by Coun-
cilman Torgerson and unanimously carried.
(n) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
BRIAN WENDLANDT FOR CONSTRUCTION OF BUILDING FOR TREE
EQUIPMENT STORAGE AND DOG GROOMING ROOM LOCATED ON THIRD
AVENUE N.W. WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, the motion was made by Councilman
Erickson to approve and issue permit and to waive reading
and adopt Resolution No. 9728. Motion seconded by Coun-
cilman Mlinar and unanimously carried.
(o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DON
ERICKSON REPRESENTING HRA WITH FAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Mlinar to approve and issue permit and to waive reading
and adopt Resolution No. 9729. Motion seconded by Coun-
cilman Torgerson and carried, with Councilman Erickson
abstaining from voting.
(p) CONSIDERATION OF FINAL PLAT OF SIXTH GREEN ESTATES
(FORMERLY GOLFVIEW SUBDIVISION) SUBMITTED BY DON ERICKSON
AND KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Torgerson to approve and to waive reading and adopt Reso-
lution No. 9730. Motion seconded by Councilman Mlinar
and carried, with Councilman Erickson abstaining from
voting.
(q) CONSIDERATION OF EXTENSION OF VARIANCE REQUESTED BY LARRY
DEGROTE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve and issue extension of variance given
in Resolution No. 9588 adopted October 22, 1991.
CITY COUNCIL MINUTES - MAY 26, 1992
(r) DISCUSSION OF DISPATCH AND 911 SERVICES
It was reported that the City Administrator, Finance
Director, Councilman Torgerson and Mayor Ackland met with
County Commissioners today to discuss the dispatch and
911 services in Hutchinson. The County was looking for
direction as to whether the City wished to consolidate
with the County or to continue with separate services.
Following discussion of proposed costs and equipment, the
motion was made by Councilman Mlinar to hold a special
Council meeting on June 15, 1992, at 7:00 P.M., subject
to the availability of the consultant. Motion seconded
by Councilman Erickson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz reported on the interim refuse haul-
ing services in Hutchinson and recommended advertising
for bids on residential hauling to be opened on June 23,
1992. He stated composting should be included.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson, and unanimously carried, to approve
advertising for bids.
Mr. Plotz stated the Everest Group would be in town later
this week to discuss the proposed liquor store.
(b) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson reported the closing and acquisition of
the last condemned property owned by Janousek had been
completed. The only remaining property to be acquired
was the Simonson property. He reported Farm Service had
closed its operation.
The City Attorney commented on the proposal received from
Attorney John Cairns regarding settlement with Junker
Sanitation. It was his recommendation to hold a closed
meeting to discuss the proposal.
The motion was made by Councilman Mlinar, seconded by
Councilman Torgerson and unanimously carried, to meet for
a closed meeting on June 9, 1992, at 6:30 P.M.
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CITY COUNCIL MINUTES - MAY 26, 1992
It was reported by Attorney Anderson that an agreement
with the Word of Life had been signed.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Councilman Erickson, 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
10:25 P.M.
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