04-28-1992 CCMMINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 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, Marlin Torgerson and Don Erickson.
Also present: City Administrator Gary D. Plotz, City Engineer
John Rodeberg, and Assistant City Attorney Joseph Paiement.
2. INVOCATION
The invocation was given by the Reverend Harold McGowan.
3. MINUTES
The minutes of the bid openings of March 17, 1992 and April
13, 1992, continued regular meeting of March 20, 1992, special
meeting of April 1, 1992, and regular meeting of April 14,
1992 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - MARCH 1992
2. SENIOR ADVISORY BOARD MINUTES OF FEB. 13, 1992
3. PLANNING COMMISSION MINUTES OF MARCH 17 & MARCH 24,
1992
4. AIRPORT COMMISSION MINUTES OF MARCH 2, 1992
5. PARK & RECREATION BOARD MINUTES OF FEB. 26, 1992
6. REPORT OF CITY INVESTMENTS
(b) RECONFIRMATION OF APPROVED GAMBLING LICENSE FOR ELKS
LODGE AS REQUESTED BY STATE GAMBLING BOARD
(c) APPLICATIONS FOR ON -SALE NON -INTOXICATING MALT LIQUOR
LICENSES
1. CROW RIVER COUNTRY CLUB
2. GOD FATHER'S PIZZA
3. GOLD COIN
4. PIZZA HUT
5. LITTLE CROW BOWLING LANES
6. LAMPLIGHTER'S LOUNGE II
7. J'S SPORTS BAR
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CITY COUNCIL MINUTES - APRIL 28, 1992
(d) APPLICATIONS FOR OFF -SALE NON -INTOXICATING MALT LIQUOR
LICENSES
1. CASH WISE FOODS
2. ERICKSON FREEDOM STATION (HWY. 7 & 15)
3. GEORGE'S FOOD & FUEL
4. CITGO-QUIKMART
5. SOUTHTOWN MOBIL
6. TOM THUMB FOOD MARKET
7. SUPERAMERICA
(e) APPLICATION FOR PARADE PERMIT
1. AMERICAN LEGION POST 96 - MAY 25, 1992
2. MARCH OF DIMES - MAY 17, 1992
The motion was made by Councilman Mlinar, seconded by
Councilman Lenz and unanimously carried, to order report
and minutes filed, with noted correction to February 26,
1992 Park & Recreation Board Minutes, and to reconfirm
and issue licenses and permits, with the exception of J's
Sports Bar.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL
PERMITS:
1. PARADE PERMIT
2. DANCE PERMIT
3. FIREWORKS PERMIT
4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Torgerson and unanimous-
ly carried, to approve and issue permits and waive fees
and rentals.
(b) CONSIDERATION OF REQUEST FOR NON -INTOXICATING LIQUOR
LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL,
JUNE 18-21, 1992
Following discussion, the motion was made by Councilman
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CITY COUNCIL MINUTES - APRIL 28, 1992
Torgerson, seconded by Councilman Erickson and unanimous-
ly carried, to approve and issue license and waive fees.
(c) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE
WATER CARNIVAL
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried, to approve a $2,000.00 donation to 1992 Water
Carnival.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 92-54 - SUBDIVISION ORDINANCE, PUBLIC SITE
AND OPEN SPACES
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Lenz and unanimously
carried, to waive first reading and set second reading
for May 12, 1992.
(b) RESOLUTION NO. 9698 - REQUESTING MN/DOT FOR COST
PARTICIPATION ON T.H. NO. 22 IMPROVEMENTS, LETTING NO. 3,
PROJECT NO. 92-05
The motion was made by Councilman Lenz, seconded by Coun-
cilman Mlinar and unanimously carried, to waive reading
and adopt.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF WELLNESS PROGRAM PROPOSAL
(DEFERRED JANUARY 14, 1992)
Finance Director Kenneth B. Merrill and Robin Erickson of
the hospital staff reviewed the wellness program. Fol-
lowing discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried, to approve the proposal.
(b) CONSIDERATION OF TRANSFER OF CABLE TELEVISION FRANCHISE
(DEFERRED JANUARY 28, 1992)
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Mlinar and unanimously
carried, to set May 26, 1992 at 8:00 P.M. for the public
hearing.
Dave Roselle of D. D. Cable Partners requested the hearing
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CITY COUNCIL MINUTES - APRIL 28, 1992
be held on May 12, 1992 since the company would be clos-
ing on the sale the end of May. He was informed the City
must advertise 10 days prior to a public hearing, and
there would not be adequate time to meet the paper's pub-
lication deadline.
(c) UPDATE STATUS OF WORD OF LIFE ISSUES
The motion was made by Councilman Erickson, seconded by
Councilman Lenz and unanimously carried, to defer.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
The motion was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried, to authorize
discontinuation of service on May 4 at noon unless other
arrangements had been made.
(b) CONSIDERATION OF AWARDING BIDS FOR:
1. $605,000 GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1992
Following a presentation by Bond Consultant Bill Fahey,
the motion was made by Councilman Erickson to award the
bid to Park Investment Corporation and to waive reading
and adopt Resolution No. 9707. Motion seconded by
Councilman Lenz and unanimously carried.
2. $325,000 GENERAL OBLIGATION REFUNDING RECREATION
CENTER BONDS, SERIES 1992
Based on Mr. Fahey's recommendation, the motion was made
by Councilman Mlinar to award the bid to FBS Investment
Services and to waive reading and adopt Resolution No.
9708. Motion seconded by Councilman Torgerson and
unanimously carried.
3. $1,200,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT
BONDS, SERIES 1992
Based on Mr. Fahey's recommendation, the motion was made
by Councilman Torgerson to award the bid to Norwest
Investment Services and to waive reading and adopt Reso-
lution No. 9709. Motion seconded by Councilman Mlinar
and unanimously carried.
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CITY COUNCIL MINUTES - APRIL 28, 1992
(c) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE
TO MARK GAARDER, DBA THE HANGAR BAR & GRILL; FLYER'S
NIGHT CLUB
Mayor Ackland reviewed the issues concerning the license.
Mark Gaarder stated he had hired a management company to
operate the liquor establishment, and it was headed by
Tom Dolder.
Building Official Jim Marka commented on a parking prob-
lem at the restaurant/bar. He also stated the proposed
sliding glass door would require a building permit. If
the owner intended to serve liquor outside the establish-
ment, he would need a variance on his liquor license.
Also, liquor could not be consumed in the volleyball
court area outside the building.
No action was required at this time.
(d) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE
TO STEVE PICHA, DBA HUTCH PIZZA, INC.; J'S PIZZA GARTEN/
SPORTS BAR
Mayor Ackland commented on concerns expressed at the last
Council meeting in addition to recent information. He
suggested a public hearing to revoke the license from be-
ing issued and to make it null and void.
Mark Carrigan, attorney for Steve Picha, requested that
the Council delay any action to enable him to pursue the
matter.
Following discussion, the motion was made by Councilman
Torgerson to set a public hearing for May 26, 1992 at
8:00 P.M. and to direct the City legal counsel and Mr.
Picha's legal counsel to meet and discuss the concerns.
Motion seconded by Councilman Mlinar and unanimously car-
ried.
(e) REVIEW OF 1992 GENERAL FUND BUDGET ADJUSTMENTS
Finance Director Merrill reported on the 1992 legislative
tax bill and the addition of a 6.5% sales tax on all city
and county purchases, effective June 1, 1992. He then
requested the Council rescind the actions of the March 10
meeting relating to the City budget.
Following discussion, the motion was made by Councilman
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CITY COUNCIL MINUTES - APRIL 28, 1992
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve the request pertaining to areas 1-3
and recommendations in 4 as presented and contained in
the Finance Director's memorandum dated April 23, 1992.
(f) CONSIDERATION OF LICENSING FOR REFUSE HAULERS
Wayne Albrecht, Junker Sanitation manager, inquired about
the pickup of white goods and hard goods as well as the
potential of multiple haulers for the City.
Following discussion of the proposed licensing ordinance,
Councilman Torgerson moved to approve and waive first
reading of Ordinance No. 92-57 and set second reading for
May 12, 1992. Motion seconded by Councilman Mlinar and
unanimously carried.
(g) CONSIDERATION OF AUTHORIZING STAFF TO ADVERTISE FOR BIDS
FOR INTERIM GARBAGE PICKUP FOR SERVICE BETWEEN JULY 1,
1992 TO OCTOBER 1, 1992
City Administrator Plotz stated the advertisement would
be for the same type of service as the City presently
had.
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried, to approve advertising.
(h) DISCUSSION OF POLICY ALTERNATIVES FOR DELINQUENT AND
DEFERRED ASSESSMENTS
The motion was made by Councilman Lenz to defer. Motion
seconded by Councilman Mlinar and unanimously carried.
(i) CONSIDERATION OF POLICY ON TAX FORFEITURE ASSESSMENTS
The motion was made by Councilman Torgerson to defer.
Motion seconded by Councilman Erickson and unanimously
carried.
(j) CONSIDERATION OF ADVERTISING FOR BIDS TO PURCHASE
COMBINATION JET AND VACUUM TRUCK
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Erickson and unanimous-
ly carried, to approve advertising for bids.
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CITY COUNCIL MINUTES - APRIL 28, 1992
RECESS: The City Council adjourned at 9:55 P.M. for a recess and
reconvened at 10:10 P.M.
(k) DISCUSSION OF HUTCHINSON AREA TRANSPORTATION SERVICES
FACILITY REPORT
Engineer Rodeberg reported on the proposed joint facility
between city/county/state and the potential savings. He
requested authorization to proceed to the next step of
site selection to do soils and environmental studies.
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Mlinar and unanimously
carried, to approve proceeding to next step.
(1) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT FOR LETTING NO. 9, PROJECT NO. 92-14 & 92-15
Following Engineer Rodeberg's report on the project, the
motion was made by Councilman Torgerson to approve and
accept the engineer's report, to do work on project No.
92-14 only, and to waive reading and adopt Resolution
setting a hearing. Motion seconded by Councilman Lenz.
The motion was withdrawn.
Councilman Torgerson moved to accept the waiver for a
hearing, to order plans and specifications for project
No. 92-14, and to waive readings and adopt Resolutions
No. 9699 and No. 9700. Motion seconded by Councilman
Mlinar and carried, with Councilman Erickson abstaining
from voting.
(m) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 4, PROJECT
NO. 92-07
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried, to approve plans and specifications, to adver-
tise for bids, and to waive reading and adopt Resolution
No. 9701.
(n) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT
NO. 92-01
Following discussion, the motion was made by Councilman
Lenz, seconded by Councilman Mlinar and unanimously car-
ried, to approve preparation of Assessment Roll No. 275A,
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CITY COUNCIL MINUTES - APRIL 28, 1992
to hold a hearing on May 12, 1992 at 8:00 P.M., and to
waive readings and adopt Resolutions No. 9702 and No.
9703.
(o) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL
AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT
NO. 92-03 AND NO. 92-04
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Lenz and unanimously
carried, to approve preparation of Assessment Roll No.
275B, to hold a hearing on May 12, 1992 at 8:00 P.M., and
to waive readings and adopt Resolutions No. 9704 and No.
9705.
(p) CONSIDERATION OF AWARDING LETTING NO. 1/PART B FOR
PROJECT NO. 92-03, PRIEBE ADDITION AND PROJECT NO. 92-04,
BETKER'S SECOND ADDITION
The motion was made by Councilman Mlinar, seconded by
Councilman Lenz and unanimously carried, to table.
(q) CONSIDERATION OF APPROVING MN/DOT TRAFFIC CONTROL SIGNAL
AGREEMENT FOR LETTING NO. 5, PROJECT NO. 92-08, MAIN
STREET (TH 15) TRAFFIC CONTROL AND SIGNAL IMPROVEMENTS
Following discussion, the motion was made by Councilman
Torgerson, seconded by Councilman Erickson and unanimous-
ly carried, to approve and enter into agreement and to
waive reading and adopt Resolution No. 9710.
(r) DISCUSSION OF GIS/GPS DEVELOPMENT
Engineer Rodeberg reported on the study for development
of a geographic information system data base map and
system. The Hutchinson Utilities Commission provided
funding to complete the GIS data base map ($27,500 esti-
mated total cost), with the understanding that the City
would pay for its share of the costs at some future time.
No action was required.
(s) DISCUSSION OF TREBELHORN/BRANDT ENCROACHMENT AND DRAINAGE
ISSUE
Mr. & Mrs. Robert Brandt, 735 Church Street, stated their
neighbor had violated his building permit with a two foot
encroachment onto the Brandt property.
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CITY COUNCIL MINUTES - APRIL 28, 1992
The Assistant City Attorney stated there were three vio-
lations: (1) a trespass claim against Trebelhorn, (2)
violation of building permit, with potential of an in-
junction to remove the additional concrete, and (3)
drainage onto the Brandt property.
Following discussion, the motion was made by Councilman
Mlinar, seconded by Councilman Torgerson and unanimously
carried, to begin legal proceedings against Trebelhorn.
(t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
FRANCIS CONDON ON HWY. 15 NORTH FOR MINI -STORAGE WITH
UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Lenz and unanimously
carried, to approve the recommendation to reject.
(u) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
RICHARD SMITH ON ROBERTS ROAD WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Lenz and unanimously
carried, to approve the recommendation to reject.
(v) CONSIDERATION OF VACATION OF UTILITY EASEMENT REQUESTED
BY RICHARD SMITH IN STONEY POINT THIRD ADDITION WITH
UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Lenz and unanimously
carried, to approve the recommendation to reject.
(w) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF
MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY. 7 WEST WITH
UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Erickson, seconded by Councilman Lenz and unanimously
carried, to approve the recommendation to reject.
(x) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FIRST
ADDITION TO PETERSON TERRACE SUBMITTED BY REDMAN REAL
ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, the motion was made by Councilman
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CITY COUNCIL MINUTES - APRIL 28, 1992
Mlinar, seconded by Councilman Lenz and unanimously car-
ried, to approve the final plat and to waive reading and
adopt Resolution No. 9706.
(y) CONSIDERATION OF PRELIMINARY PLAT OF GOLF VIEW
SUBDIVISION SUBMITTED BY KEVIN COMPTON WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, the motion was made by Councilman
Lenz to approve the preliminary plat and to waive reading
and adopt Resolution No. 9711. Motion seconded by Coun-
cilman Torgerson and carried, with Councilman Erickson
abstaining from voting.
(z) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY SKIP
QUADE, ACOMA TOWNSHIP, TWO MILE RADIUS, WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Skip Quade appealed the Planning Commission's recommenda-
tion to reject his preliminary plat. During discussion
Engineer Rodeberg expressed concerns about future prob-
lems with the septic system and the small lot size.
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to approve
the preliminary plat and refer to the County with the
stipulations that there be a subdivision agreement and
certified septic systems installed by certified install-
ers.
(aa) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DAN HUEBERT,
ACOMA TOWNSHIP, TWO MILE RADIUS, WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to refer to
the County with no objection.
(bb) CONSIDERATION OF ONE-TIME SIX MONTH VARIANCE EXTENSION
FOR CEDAR CREST ESTATE WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Mlinar and unanimously carried, to approve.
(cc) CONSIDERATION OF REZONING FROM AGRICULTURAL TO
RESIDENTIAL REQUESTED BY SKIP QUADE, TWO MILE RADIUS,
WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
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CITY COUNCIL MINUTES - APRIL 28, 1992
The motion was made by Councilman Torgerson, seconded by
Councilman Mlinar and unanimously carried, to refer to
the County with a favorable recommendation.
(dd) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEED LOT
REQUESTED BY TIM ALBRECHT, TWO MILE RADIUS, WITH
UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Councilman Erickson, seconded by
Councilman Torgerson and unanimously carried, to refer to
the County with unfavorable recommendation.
(ee) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE
HOME REQUESTED BY OLIVER JOHNSON WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
The motion was made by Councilman Lenz, seconded by Coun-
cilman Erickson and unanimously carried, to refer to the
County with no objection.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz commented on a recycling problem
at the Civic Arena and suggested several solutions. The
motion was made by Councilman Erickson to eliminate the
recycling bins from the present site and locate them at
the compost site through the summer, with a monitor. Mo-
tion seconded by Councilman Mlinar and unanimously car-
ried.
(b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR
Councilman Mlinar commented on the recent meeting regard-
ing the dam and commended the Director of Engineering on
how he handled it.
(c) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON
Councilman Torgerson mentioned the discussion of pigeons
in the downtown area at the Safety Council meeting. He
stated something needed to be done.
(d) City Attorney Anderson reported he would prepare some
material on the Word of Life issue for the next meeting.
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CITY COUNCIL MINUTES - APRIL 28, 1992
(e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
Engineer Rodeberg commented on the layout for the Adams
Street project. He stated the County Board authorized
the north two blocks of Jefferson as a temporary county
road during the detour. Therefore, the County will do
repair work on it, and there was a written agreement be-
tween the state and county regarding maintenance.
The Director of Engineering stated two bids were received
to seal the well located at the Dairy Queen. Twin City
Testing submitted a bid for $1,500, and L.T.P. had a bid
for $150.
The motion was made by Councilman Torgerson, seconded by
Councilman Erickson and unanimously carried, to award the
bid to L.T.P.
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
11:25 P.`M.
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