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09-14-1993 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 14, 1993 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: Councilman Craig Lenz. Also present: City Administrator Gary D. Plotz, Finance Director Kenneth B. Merrill, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of August 24, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - AUGUST 1993 2. HUTCHINSON POLICE COMMISSION MINUTES OF JUNE 25, 1993 AND SEPTEMBER 1, 1993 3. AIRPORT COMMISSION MINUTES OF AUGUST 23, 1993 4. LIBRARY BOARD MINUTES OF AUGUST 18, 1993 5. HOSPITAL/NURSING HOME BOARD MINUTES OF JUNE 15, 1993 AND JULY 20, 1993 (b) APPOINTMENT TO HOSPITAL/NURSING HOME BOARD --TOM DAGGETT The motion to order the report and minutes filed and to ratify the appointment was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY AMERICAN LEGION TO USE LIBRARY SQUARE FOR FLAG DESTRUCTION CEREMONY 1*1 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 The motion to approve the request was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF REQUEST TO USE LIBRARY SQUARE AS STARTING POINT FOR "TAKE BACK THE NIGHT" MARCH ON SEPTEMBER 27, 1993 The motion to approve the request was made by Councilman Erickson, seconded by Councilman Torgerson and unani- mously carried. (c) CONSIDERATION OF REQUEST FOR STREET LIGHTING ON CONNECTICUT STREET The motion to approve the request was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93-91 - AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE (MCKIMM PROPERTY) The motion to waive first reading and set second reading for September 28, 1993 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (b) RESOLUTION NO. 10047 - PRELIMINARY 1994 TAX LEVY FOR CITY OF HUTCHINSON Finance Director Merrill reviewed the tax increases for a preliminary 1994 tax levy. Following discussion, the motion to waive reading and adopt Resolution No. 10047 setting the preliminary tax levy at 15o was made by Councilman Erickson, seconded by Councilman Torgerson and carried three to one, with roll call vote of Mayor Ackland, Councilmen Torgerson and Erickson voting aye, and Councilman Mlinar voting nay. (c) RESOLUTION NO. 10048 - RESOLUTION REJECTING BID, LETTING NO. 4, PROJECT NO. 93-05 The motion to waive reading and adopt Resolution No. 2 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 10048 was made by Councilman Torgerson, seconded by Coun- cilman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR HCVN-TV TO LOCATE IN NEW CITY HALL (DEFERRED AUGUST 24, 1993) Following discussion, the motion to defer to the September 28, 1993 meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (b) DISCUSSION OF COSTS FOR PARTNERS IN FRIENDSHIP SPACE IN NEW CITY HALL Following discussion, no action was taken. 9. NEW BUSINESS (a) DISCUSSION OF HEALTH INSURANCE RENEWAL Withdrawn from agenda. (b) CONSIDERATION OF WORKERS COMPENSATION MANAGER CARE SERVICES Withdrawn from agenda. (c) DISCUSSION OF SETTLEMENT WITH STRUCTURAL SPECIALTIES Following discussion, the motion to direct the City Attorney to contact the attorney for Structural Specialties and to defer to the September 28, 1993 City Council meeting was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (d) DISCUSSION OF WATER RATES Following discussion of a preliminary meeting with 3M officials and City staff regarding water rate increases, no action was taken. (e) CONSIDERATION OF AWARDING BID FOR 1994 ONE-HALF TON PICKUP FOR WATER DEPARTMENT Following discussion, the motion to approve and to award the bid to Myron Wigen Motor Co. for $11,400 was made by Councilman Erickson, seconded by Councilman Mlinar and 3 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 unanimously carried. (f) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR WALNUT RIDGE ESTATES Following discussion, the motion to approve the sub- division agreement with original wordage and deletion of paragraph 10 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (g) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR SANTELMAN'S THIRD ADDITION The motion to defer to the September 28, 1993 City Council meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF APPROVING ADDENDUM TO SCHMIDTBAUER'S FOURTH ADDITION SUBDIVISION AGREEMENT FOR VILLAGE COOPERATIVE The motion to defer to the September 28, 1993 City Council meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (i) CONSIDERATION OF G.I.S. COORDINATOR POSITION Following discussion, the motion to approve the position, effective September 27, 1993, was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried. (j) DISCUSSION OF PROPOSED 1994 CONSTRUCTION PROGRAM Engineer Rodeberg reported on the proposed 1994 improve- ment projects. No action was taken. (k) CONSIDERATION OF CONTRACT WITH RUST ENGINEERING FOR SOUTHWEST AREA OTTER LAKE UTILITY CROSSING Following the engineer's explanation of the project, the motion to approve and enter into a contract with RUST Engineering was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 4 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 (1) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 287, WAIVING HEARING AND ADOPTING ASSESSMENT ROLL, AND AWARDING CONTRACT FOR LETTING NO. 9, PROJECT NO. 93-16, 93-18, 93-19, AND 93-21 Following discussion, the motion to approve assessment roll No. 287, to waive a public hearing, to award the contract to Juul Contracting Company for $147,055.10, and to waive readings and adopt Resolutions No. 10049, 10050, and 10051 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS 1. ELECTRICAL SERVICE CONDEMNATION Attorney Anderson requested an amendment to Resolu- tion No. 10000 adopted August 24, 1993, to show that all of the subject property is within the 1974 bound- aries. Following discussion, the motion to adopt the amended Resolution No. 10000 was made by Councilman Torger- son, seconded by Councilman Mlinar and unanimously carried. 2. WIRING CONTRACT FOR NEW CITY HALL It was reported vendor bid proposals were received for doing the voice, radio, network and LOGIS cabling in the new City Hall. LOGIS evaluated the bids and recommended the firm of Jurgens/Ebright Communica- tions at a cost of $15,536.12. Following discussion, the motion to approve and award the contract to Jurgens/Ebright was made by Council- man Torgerson, seconded by Councilman Erickson and unanimously carried. 3. CHANGE ORDER FOR NEW CITY HALL It was reported the existing PVC rain leaders needed to be replaced with 6" cast iron piping to comply with code requirements of plenum space at a cost of $3,394.00. 5 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 Following discussion, the motion to approve the replacement item was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 4. CHAMBER OF COMMERCE LETTER REGARDING ARTS & CRAFTS FESTIVAL The Chamber letter outlining the arrangements for the arts and crafts festival was reviewed. Engineer Rodeberg will check with the Chamber regarding addi- tional parking. 5. NOTICE TO REPAIR OR REMOVE The City Attorney reported the property located at 167 Third Avenue NW was in need of repair or should be razed. Following discussion, the motion to approve the Notice to Repair or Remove as prepared by the City Attorney was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 6. REHABILITATION OF SHEPPARD HOUSE AT 15 FRANKLIN STREET NORTH Administrator Plotz reported the Housing & Community Development Coordinator had estimated the cost of rehabilitation of the Sheppard House to be $20,300. He also stated the advertisement and specifications for the purchase, removal and relocation, and/or repair of the house had been prepared. 7. COMMUNICATION FROM DON TODNEM Don Todnem inquired about enforcement of handicap codes. He noted the bathrooms at the Underground restaurant were not handicap accessible. 8. COMMUNICATIONS FROM CITY ADMINISTRATOR The City Administrator stated Junker's deposition was today. Attorney Morgan Godfrey has reviewed the City's records regarding the litigation. It was reported the delay in the brick order has changed the occupancy date for the new City Hall to 0 CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 the end of December. The HCDC meeting was held last night. The HCDC Board has narrowed down the list of candidates for the HCDC Director position. Mr. Plotz stated the Crow River Quality Council would hold a breakfast meeting tomorrow. It was noted the County Commissioners discussed a household hazardous waste building to be located in Hutchinson. Some of the property owners in the area had been contacted, and about 70 citizens attended the meeting. The County's conditional use permit to construct the facility will expire September 23, 1993, and an extension of the permit will require Planning Commission action. 9. COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about the status of the retaining wall on Tom Carrigan's property. He also commented on the future use of the old City Hall building. The motion to put the City Hall building up for sale and/or demolition was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. 10. COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson asked about the status of the City/County/State joint facility. He was informed the County was looking at estimates, and the City site was a potential location. 11. COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson commented on cars parked over night on a City street. He requested that the Police Department review the matter. 12. COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson reported the Court had issued the order on the Klockmann property. Perhaps at the VA CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 next meeting the City Council can award the bid for demolition. 13. COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested approval of the plans and specifications and advertising for bids on Letting No. 1, Project No. 94-01. The motion to approve the plans and specifications, to advertise for bids, and to waive reading and adopt Resolution No. 10052 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. The City Engineer briefed the Council on the upcoming "Bicycle and Pedestrian Friendly Development" seminar to be held in Hutchinson on October 18-19, 1993. A delegation will come from Finland, Washington, D.C., and Sister Cities of Kerava and Oulu, Finland. Approximately 150-200 participants are expected. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Councilman Torger- son, seconded by Councilman Mlinar and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 10:05 P.M. 0