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10-13-1987 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 13, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls (arrived at 8:34 P.M.), John Mlinar, Marlin Torgerson, and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Director of Engineering Eugene Anderson, and City Attorney G. Barry Anderson. 0 3. 4. INVOCATION The invocation was given by the Reverend John Langley. MINUTES The minutes of the regular meeting of September 22, 1987 and bid openings of September 21, 1987 and September 25, 1987 were approved as distributed. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1987 2. AIRPORT COMMISSION MINUTES OF SEPTEMBER 28, 1987 3. TREE BOARD MINUTES OF SEPTEMBER 2, 1987 4. PARKS & RECREATION BOARD MINUTES OF SEPTEMBER 2, 1987 AND SEPTEMBER 10, 1987 (b) APPOINTMENT: 1. PARKS & RECREATION BOARD - LINDA MARTIN The motion was made by Alderman Torgerson, seconded by Alderman Mikulecky, to approve the report and minutes and ratify the appointment of Linda Mar- tin. Motion unanimously carried. PUBLIC HEARING - 8:00 P.M. None. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR NATIONAL GUARD ARMORY TO USE CITY PROPERTY FOR TRAINING PURPOSES Alderman Mikulecky moved to approve the use of City property and to waive reading and adopt Resolution No. 8631. Motion seconded by Ald- erman Torgerson and unanimously carried. (b) POLICE STATION STATUS REPORT BY VERGIL FLORHAUG OF CAN Mr. Vergil Florhaug presented an update report on the budget and sched- 1 Z CITY COUNCIL MINUTES - OCTOBER 13, 1987 ule for the police station. It was his opinion that the deadline goal dates could still be reached irregardless of the delay. He further recommended approval of the following five change orders: Pinske Builders - Addition of 6 steel lintels $360.00 McNerney Electric - Two audio monitors 422.00 McNerney Electric - Garage door lock & release system 342.00 McNerney Electric - Wiring for cypher locks on two doors 318.00 McNerney Electric - Three camera outlets to monitor cells 328.00 Following discussion, Alderman Mlinar moved to approve the change order recommendations. Motion seconded by Alderman Torgerson and carried unanimously. It was reported that the City was handling the furniture, fixtures and equipment for the police station. Also, CAM had helped obtain the CCTV contract but was no longer involved with it. Mr. Florhaug commented on the future expansion of Franklin Street. Mr. Florhaug requested something in writing stating the City did not intend to pay the two invoices for $2,500 each so that CAM could pur- sue it further. It was pointed out that the conctract called for pay- ment within 10 days after statements were mailed; if not paid within that period of time, CAM could file within seven days and cancel the contract for lack of payment. City Attorney Anderson inquired if CAM carried errors and omissions insurance coverage, and the response was negative. There was discus- sion regarding arbitration. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION 10. 8630 - RESOLUTION ACCEPTING $75,000 FROM HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to waive reading and adopt Resolution No. 8630. Motion unanimously carried. (b) ORDINANCE NO. 9/87 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTIING THEREON (ANNEXATION FOR HUTCHINSON TECHNOLOGY) Alderman Torgerson moved to waive second reading and adopt Ordinance No. 763. Motion seconded by Alderman Mlinar and carried unanimously. (c) RESOLUTION NO. 8632 - TRANSFERRING $66,884 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1980 TAX INCREMENT CONSTRUCTION FUND The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, E CITY COUITCIL MINUTES - OCTOBER 13, 1987 to waive reading and adopt Resolution No. 8632. Motion unanimously carried. (d) RESOLUTION NO. 8633 - TRANSFERRING $23,718 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND Alderman Torgerson moved to waive reading and adopt Resolution No. 8633. Motion seconded by Alderman Mlinar and carried unanimously. (e) RESOLUTION NO. 8634 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky, to waive reading and adopt Resolution No. 8634. Motion unanimously carried. (f) RESOLUTION NO. 8635 - RESOLUTION IN OBJECTION TO PROPOSED REGULATIONS) DOCKET #86-038P AND #86-037P Alderman Torgerson moved to waive reading and adopt Resolution No. 8635. Motion seconded by Alderman Mlinar and carried unanimously. (g) ORDINANCE NO. 11/87 - ORDINANCE AMENDING SECTION 120:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED SALARIES, MAYOR AND ALDERMEN Alderman Torgerson made the motion to waive first reading and set sec- ond reading of Ordinance No. 11/87 for October 27, 1987. Motion sec- onded by Alderman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF 1988 ASSESSING SERVICE AGREEMENT VITH COUNTY The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar, to approve and enter into the agreement. Motion carried unanimously. (b) CONSIDERATION OF CHANGE ORDER NO. 2 FOR SANITARY SEVER IMPROVEMENT PROJECT Resident Engineer George MacDonald reported on the two-part change order No. 2 for the sanitary sewer improvement project. Following discussion, Alderman Mlinar moved to approve the change order. Motion seconded by Alderman Mikulecky and unanimously carried. (c) CONSIDERATION OF AIRPORT COMMISSION RECOMMENDATION FOR CONSTRUCTION OF HANGAR BUILDING, FLOOR AND TAXI WAY AT AIRPORT 3 CITY COUNCIL MINUTES - OCTOBER 13, 1987 It was the recommendation of the Mayor, City Administrator and Finance Director to refer this request to the City Attorney for review to de- termine whether or not it was a revenue item which would require a referendum. Alderman Torgerson moved to defer until the next Council meeting. No- tion seconded by Alderman Mlinar and carried unanimously. (d) CONSIDERATION OF CHANGE ORDERS 10. 2 AND NO. 3 FOR WASTEWATER TREATMENT PLANT Following discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve change order No. 2. Motion car- ried unanimously. Alderman Mlinar moved to approve change order No. 3. Motion seconded by Alderman Torgerson and unanimously carried. (e) CONSIDERATION OF HUTCHINSON COMMUNITY HOSPITAL PURCHASING UROLOGY INSTRUMENTS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the purchase. Motion carried unanimously. (f) CONSIDERATION OF ESTABLISHING DATE OF OCTOBER 28, 1987 FOR JOINT MEETING OF ALL CITY COUNCILS REGARDING SARA TITLE III ACT, HAZARDOUS MATER I ALS Following discussion of the requirements involved under the SARA Title III Act, it was the consensus of the Council that they should attend the joint meeting scheduled for October 28, 1987. (g) CONSIDERATION OF AWARDING BID FOR SALE OF ADAMS STREET PROPERTY City Administrator Plotz reported one bid was received in the amount of $7,500 for the purchase of the vacant lot located at 325 Adams Street South, with the conditions that the City pay any assessments due and any back taxes and taxes due in 1987. Following discussion, Alderman Torgerson moved to approve the sale and award the bid to David A. Whiting and to waive first reading of Ordi- nance No. 12/87 and set the second reading for October 27, 1987. No- tion seconded by Alderman Mlinar and carried unanimously. (h) CONSIDERATION OF POLICY CHANGE FOR AIRPORT GAS KEY DEPOSIT After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the policy change. Motion unanimously carried. 4 CITY COUNCIL MINUTES - OCTOBER 13, 1987 (i) CONSIDERATION OF PARKING RESTRICTIONS IH AREA OF JUIIOR/SENIOR HIGH SCHOOL Following discussion, Alderman Mlinar moved to approve the parking re- strictions and to waive first reading of Ordinance No. 10/87 and set the second reading for October 27, 1987. Motion seconded by Alderman Torgerson and carried unanimously. (j) CONSIDERATION OF USING 1987 IMPROVEMENT BOND FUNDS FOR STOCKPILING GRAVEL City Engineer Anderson explained the use of the stockpiled gravel. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the request. Motion unanimously carried. (k) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 2 FOR LETTING NO. 14, PROJECTS 87-101 87-11 AND 87-21 Following discussion, Alderman Torgerson moved to approve and authorize signing supplemental agreement No. 2 for Letting No. 14. Motion sec- onded by Alderman Mlinar and carried unanimously. (1) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 3 FOR LETTING NO. 5, PROJECT 87-17 After discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and authorize signing supplemental agreement No. 3 for Letting No. 5. Motion unanimously carried. (m) CONSIDERATION OF DEFEASANCE OF 1984 PARKING BONDS City Administrator Plotz reported it may be possible to defease the 1984 parking bonds at this time. A study of the market and report would be available, if authorized, from Bill Fahey of Ehlers & Associ- ates at the next Council meeting. Following discussion, Alderman Mlinar moved to authorize a feasibility study only by Ehlers & Associates. Motion seconded by Alderman Carls and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented that one of the budget items con- sidered was a salary change for the Mayor and Aldermen. The effective date would be January 1, 1988. (See agenda item 7-g) It was reported that Mr. Plotz had fixtures for the police station which exceeded $15,000. The amount of $20,000 had been budgeted for these items. Since there were no specifications for the furniture, the 5 CITY COUNCIL MINUTES - OCTOBER 13, 1987 Council members were asked to participate in the selection. Alderman Torgerson volunteered to assist with the selection process. (b) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Director Anderson commented on the letter received from MN/DOT regard- ing speed zones on T.H. 7/22 West. DOT did not agree with the request- ed reduced speed of 45 mph to the west of Shady Ridge Road. However, DOT was favorable to the request for a traffic signal at T.H. 7 and Bluff Street. DOT will also be reviewing left turn lanes for east and west bound traffic at the intersection of T.H. 7/15. The Council was requested to approve an easement agreement with Lloyd and Frances Engelsma for the frontage road on the Plaza 15 shopping center site. After discussion, Alderman Mlinar moved to approve enter- ing into the easement agreement. Motion seconded by Alderman Carls and carried unanimously. It was reported that the water tower on the northwest site was in- spected today, and a report should be forthcoming in the next few weeks. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about parking stickers for cars of the res- idents who live in the downtown area. It was reported that Supervisors Meier and Karg are preparing a recommendation on this subject for Coun- cil consideration. Alderman Mikulecky commented on the memorandum from the Building Offi- cial regarding marketing the City property known as the "hole in the hill." (d) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported he had been asked to review the amount assessed to taxes for 101 Park Place building (S & L Rehab). In 1985 the City certified to taxes the shortfall on the tax increment. Attor- ney Anderson inquired if there was statutory law to cover this. Barry Anderson questioned if he should be filing for arbitration re- garding CAM's unpaid statements. He had reviewed the existing contract between the City and CAM, and CAM could choose to withdraw from the project upon seven days notice. Then the City would be faced with finding another construction manager in the middle of the project. The contract has provision that statements are payable even though arbitra- tion is underway; therefore, the City must act on the request for pay- ment. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND M CITY COUNCIL MINUTES - OCTOBER 13, 1987 Mayor Ackland reported that 13 applicants for the police chief position were tested on Monday. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds, including payment of the two invoices of $2,500 each from CAN, with no interest rate. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:45 P.X. 7