02-18-1992 CCMMINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 18, 1992
1. The meeting was called to order at 12:00 noon by Mayor
Ackland. The following were present: Mayor Paul L. Ackland,
Councilmen Marlin Torgerson and Don Erickson. Absent: Coun-
cilmen Craig Lenz and John Mlinar. Also present: City Admin-
istrator Gary D. Plotz, City Engineer John Rodeberg, Finance
Director Kenneth B. Merrill, Director Dolf Moon, and City At-
torney G. Barry Anderson.
UNFINISHED BUSINESS --DEFERRED FEBRUARY 13, 1992
2. CONSIDERATION OF ENTERING INTO DEVELOPMENT AGREEMENT WITH
ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN
REDEVELOPMENT
City Attorney Anderson reviewed proposed changes in the agree-
ment. Following discussion, the motion was made by Council-
man Torgerson to approve and enter into contract with Erick -
son's Diversified. Motion seconded by Councilman Erickson and
unanimously carried.
3. CONSIDERATION OF ENTERING INTO EXCHANGE AGREEMENT WITH
ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN
REDEVELOPMENT
Following discussion, the motion was made by Councilman Erick-
son to approve and enter into contract. Motion seconded by
Councilman Torgerson and unanimously carried.
4. CONSIDERATION OF ENTERING INTO PURCHASE AGREEMENT WITH
ERICKSON'S DIVERSIFIED CORPORATION FOR PHASE II DOWNTOWN
REDEVELOPMENT
Following discussion, the motion was made by Councilman Tor-
gerson to approve the purchase agreement contingent upon other
existing conditions in the development agreement. Motion sec-
onded by Councilman Erickson and unanimously carried.
5. CONSIDERATION OF EXERCISING OPTION FOR TWO PROPERTIES IN
DOWNTOWN REDEVELOPMENT AREA
Attorney Anderson requested authorization for exercise of op-
tion relative to downtown redevelopment for the two properties
belonging to Dakota Rail, Inc. and Marquette Bank.
Following discussion, Councilman Torgerson moved to approve
the exercise of option and to enter into purchase agreements
with Dakota Rail, Inc. and Marquette Bank Hutchinson. Motion
seconded by Councilman Erickson and unanimously carried.
6. CONSIDERATION OF RESOLUTIONS OF SUPPORT FOR LAWCON AND OUTDOOR
RECREATION GRANTS
Following discussion, Councilman Torgerson moved to approve
and waive reading to adopt Resolution to lobby for expansion
of the LAWCON Fund Program and that the City did not support
the Minnesota Park and Recreation Association outdoor recrea-
tion grants. Motion seconded by Councilman Erickson and unan-
imously carried.
7. CLOSED MEETING --DISCUSSION OF COURT DECISION REGARDING JUNKER
LITIGATION
The following were present for the closed meeting: Mayor Paul
L. Ackland and Councilmen Marlin Torgerson and Don Erickson,
City Administrator Gary D. Plotz, Finance Director Kenneth B.
Merrill, City Attorney G. Barry Anderson, and Administrative
Secretary Marilyn Swanson.
The closed meeting was conducted under Attorney/client privi-
lege to consider matters pertaining to the court's decision
regarding the Junker litigation and whether the City should
appeal the trial court decision.
Following a teleconference with Attorney Morgan Godfrey, the
special meeting reconvened at 1:05 P.M.
The motion was made by Councilman Torgerson to authorize the
Attorney Morgan Godfrey, on behalf of the City, to prepare and
file documents for findings. Motion seconded by Councilman
Erickson and unanimously carried.
8. ADJOURNMENT
There being no further business, the meeting adjourned at 1:07
P.M.