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10-10-1989 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 10, 1989 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The follow- ing were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Tor- gerson and Pat Mikulecky. Absent: Alderman Mike Carls. Also present: City Administrator Gary D. Plotz, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harry Kelm. 3. MINUTES The minutes of the regular meeting of September 26, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1989 2. PARK & RECREATION BOARD MINUTES - AUGUST 30, 1989 3. AIRPORT COMMISSION MINUTES - SEPTEMBER 25, 1989 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order the report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) PETITION FOR "WATCH FOR CHILDREN" SIGNS ON CAROLINA AVENUE Following discussion of the need for sign(s) in this particular area, the motion was made by Alderman Torgerson to reject the petition. No- tion seconded by Alderman Mlinar and unanimously carried. (b) REQUEST BY FIRE MARSHAL TO ATTEND OUT-OF-STATE REGIONAL CONFERENCE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve the request. (c) DISCUSSION OF SPRINKLING PROGRAM Consultant Engineer Priebe reported on the sprinkling of the buildings in the downtown area to meet the fire code. It was reported there are 1 �, CITY COUNCIL MINUTES - OCTOBER 10, 1989 22 buildings involved for sprinkling in the Small Cities Grant program. A public hearing was held on the issue, and Donohue engineering firm was hired to obtain costs on the project. The City Council will make the final decision on the sprinkling program. Alderman Torgerson made the motion that the City Council hold an in- formal meeting with the Fire Chief, Fire Marshal, City Attorney and other parties to settle the sprinkling matter. Motion seconded by Ald- erman Mlinar and unanimously carried. (d) REPORT ON CITY ENGINEER POSITION Administrator Plotz presented the options for finding an engineer. Following discussion, Alderman Torgerson moved that the City Council approve Option A (hire Verne Meyer of Delacore Personnel at $90/hr., for up to 40 hours, to submit names of candidates) and also contact the - County Commissioners for approval to use the County Engineer one day a - week in the interim until a City Engineer has been hired. Motion - ut:t:cmi3od by Alt W -man' Mlinar and unanimously carried. (e) UPDATE ON CELEBRATE 1990 TRAIL SYSTEM BY PARKS AND RECREATION DIRECTOR Director Dolf Moon presented a video on the development of the Luce Line Trail. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 89-09 - ORDINANCE PROVIDING FOR THE CREATION OF BED AND BREAKFAST ESTABLISHMENTS WITHIN THE CITY OF HUTCHINSON The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive second reading and adopt. (b) RESOLUTION 10. 9082 - RESOLUTION ACCEPTING $112,500 FROM THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to waive reading and adopt. (c) RESOLUTION NO. 9083 - CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt. (d) RESOLUTION NO. 9084 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt. 2 CITY COUNCIL MINUTES - OCTOBER 10, 1989 (e) RESOLUTION NO. 9085 - AUTHORIZATION OF EXECUTION OF THE AGREEMENT AS TO AIRPORT ACQUISITION COSTS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt, with the correc- tions of costs. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SERVICE CONTRACT FOR HEATING AND AIR CONDITIONING AT WASTEWATER TREATMENT PLANT (DEFERRED SEPTEMBER 26, 1989) Following discussion, Alderman Torgerson moved to approve and enter into contract with Harris Mechanical. Notion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF SETTLEMENT FROM MCLEOD COUNTY BOARD ON MAPLEWOOD ACADEMY/COUNTY DITCH 18 WORK Upon the recommendation of the City Attorney, Alderman Mlinar moved to approve the settlement and accept payment of $2,562.02 from the County. Motion seconded by Alderman Mikulecky and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF ESTABLISHING LOCATIONS FOR STOP STREETS AND POSTING STOP SIGNS AT RECOMMENDED INTERSECTIONS Following discussion, Alderman Torgerson moved to approve and waive reading and adopt Resolution No. 9086. Notion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR ICE RESURFACING MACHINE Following discussion, Alderman Mlinar moved to approve the recommenda- tion of the Civic Arena Supervisor and Parks & Recreation Director to purchase the Zamboni 500 for $41,377.40 with trade-in of $13,000. Mo- tion seconded by Alderman Nikulecky. The motion was amended by Alder- man Nikulecky to include approval of the agreement with Citizens Bank & Trust Co. for exclusive rights of advertising on the machine, with the proposed changes by the City Attorney. Amended motion seconded by Ald- erman Mlinar and unanimously carried. Main motion unanimously carried. (c) CONSIDERATION OF CREDIT ON STORM SEWER ASSESSMENT (BLUFF STREET PROJECT) FOR DONALD AND MAVIS RASMUSSEN Following discussion, Alderman Mlinar moved to approve a credit of $90.65 paid on a 1963 storm sewer project assessment toward the Bluff Street assessment. Motion seconded by Alderman Nikulecky and carried unanimously. M CITY COUNCIL MINUTES - OCTOBER 10, 1989 (d) CONSIDERATION OF RESOLUTION REQUESTING MPCA TO INCREASE COPPER EFFLUENT LIMIT FROM HUTCHINSON TECHNOLOGY INC. Following discussion, Alderman Mikulecky moved to approve and waive reading and adopt Resolution No. 9087. Motion seconded by Alderman Mlinar and unanimously carried. (e) CONSIDERATION OF ADDITION OF RAIN GUTTERS TO POLICE BUILDING Following discussion, the motion was made by Alderman Mlinar to ap- prove. Motion seconded by Alderman Mikulecky and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the financial and attendance re- ports from Dry Dock Youth Center. At the next Council meeting an up- date report will be presented by Keith Bloomquist. The Council members were reminded of the Comprehensive Plan workshop scheduled for October 12. A public hearing will be held on the final- ized plan at the October Planning Commission meeting. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson inquired about the status of the Junker litigation. The City Attorney will obtain an update report on the lawsuit. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about his previous request for crosswalks on School Road and California Street. (d) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOW V. PRIEBE Engineer Priebe reported that a City Engineers meeting would be held in New Ulm next week to review the municipal state aid report. He offered to attend to represent Hutchinson. The report for 1990 improvement projects has not been prepared; how- ever, Engineer Priebe could have information ready so that public hearings could be set and held this year. Consultant Priebe reminded the Council that his contract expired on October 31, 1989. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 4 CITY COUNCIL -MINUTES - OCTOBER 10, 1989 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and authorize payment from the ap- propriate funds. 12. ADJOURNMENT There being no further business, the regular meeting adjourned at 9:20 P.M. for a closed meeting. CLOSED MEETING - AIRPORT MATTERS IN LITIGATION The closed meeting was called to order at 9:20 P.M. The following were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Torgerson and Pat Mikulecky; City Administrator Gary D. Plotz, Consultant Engineer Marlow V. Priebe, City At- torney G. Barry Anderson, and Administrative Secretary Marilyn Swanson. The following issues were addressed: 1. Approval of Settlement Amount to Be Extended to: (a) Fred Plath (b) Emmet McCormick (c) Phillip Plaisance 2. Discussion of Remaining Property Owners' Claims In Connection with Eminent Domain Proceedings And Consideration of Appropriateness of Offers 3. Discussion of Upcoming Trial of Special Assessment Appeal Entitled Baumetz vs. City of Hutchinson, et al. (Highway 7 West) with Consideration As to Settlement Demands And Offers Following a presentation by the City Attorney, the closed meeting ended at 9:45 P.M., and the regular meeting reconvened. The motion was made by Alderman Torgerson to approve the settlements as pre- sented by the City Attorney, except for the Schmidtbauer situation. Motion sec- onded by Alderman Mikulecky and unanimously carried. The meeting adjourned at 9:50 P.M. 5