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10-28-2003 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 28, 2003 1. CALL TO ORDER - 5:30 P.M. Vice President Kay Peterson called the meeting to order. Members present were Jim Haugen, Duane Hoversten, and Bill Arndt. Member absent was Mayor Marlin Torgerson. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/ Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 14,2003 Motion by Arndt, second by Haugen, to approve the minutes. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM SEPTEMBER 8, 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MEETING MINUTES FROM SEPTEMBER 16,2003 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 16, 2003 4. PLANNING COMMISSION MINUTES FROM SEPTEMBER 16, 2003 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2003 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2003 7. CITY OF HUTCHINSON GENERAL FUND, WATER AND WASTEWATER FINANCIAL REPORTS FOR SEPTEMBER 2003 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12276 - RESOLUTION CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD 2. RESOLUTION NO. 12283 - RESOLUTION TO SELL AT AUCTION COMPUTER EQUIPMENT DECLARED UNUSEABLE BY THE CITY 3. RESOLUTION NO. 12284 - RESOLUTION FOR PURCHASE (c) PLANNING COMMISSION ITEMS CITY COUNCIL MINUTES - OCTOBER 28, 2003 1. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY STEPHANIE GUGGISBERG FOR DRIVE THRU STACKING AT A 10' X 18' COFFEE KIOSK LOCATED IN THE MENARDS PARKING LOT AT 1525 MONTREAL STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12277) 2. CONSIDERATION OF A PETITION TO ANNEX CITY OWNED PROPERTY (WETHERELLPROPERTY - 21.66 ACRES) FOR INDUSTRIAL USE LOCATED IN HASSAN VALLEY TOWNSHIP REQUESTED BY THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 03-360 FOR NOVEMBER 12,2003) 3. CONSIDERATION OF A FINAL PLAT TO BE KNOWN AS ROLLING MEADOWS EAST SUBMITTED BY BRUCE NAUSTADAL WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12278) (d) ASSESSMENT ROLL NO. 5015 - LETTING NO.7, PROJECT NO. 97-25 (ACTIVATING DEFERRED ASSESSMENT) (e) ASSESSMENT ROLL NO. 5061- LETTING NO.1, PROJECT NO. 03-01 (ADOPTING REVISED ASSESSMENT) (f) LETTING NO.5, PROJECT NOS. 03-12 & 03-19 (APPROVAL OF CHANGE ORDER NO.1) Item 5(b) and 5( c)3 were pulled from the consent agenda for further discussion. Motion by Haugen, second by Hoversten, to approve consent agenda with the exception if Items 5(b)3 and 5(c)3. Motion carried unanimously. Item 5(b)3: Duane Hoversten stated that there needs to be better structure at the compost facility before approving this purchase. Mr. Hoversten stated that he would like a definite, separate structure built for the compost site, such as the way the liquor store is structured. Mr. Hoversten stated he would like to approve this purchase, however schedule a meeting within the next week to build a structure for the compost site and to comprise an advisory committee. Motion by Hoverstsen, second by Arndt, to approve the purchase with the idea that a structure will be built for the compost site. Motion carried unanimously. Item 5(c)3: John Rodeberg stated that the plat of this area needs to be revised due to the roundabout that will be included in the area. The developer has been informed and has no issues with replatting. The plat will basically be reconfigured. Due to the replatting, a public hearing will need to be held and will then come back to the Council at the second meeting in November. Motion by Arndt, second by Haugen, to defer this item to the November 25,2003, City Council meeting. Motion carried unanimously. 2 CITY COUNCIL MINUTES - OCTOBER 28, 2003 6. PUBLIC HEARINGS - 6:00 P.M. (a) PRINCE OF PEACE SENIOR APARTMENTS, INC. PROJECT - AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF HOUSING FACILITIES REFUNDING REVENUE BONDS Ken Merrill, Finance Director, explained to the Council that this item was brought before the Council previously, however the public hearing is being held again to meet publication requirements. Mr. Merrill explained that the money being received from this sale will be going to the Hutchinson EDA for future use. Motion by Hoversten, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Arndt, to approve the issuance and sale of housing facilities refunding revenue bonds for Prince of Peace, approving Resolution No. 12285. Motion carried unanimously. Ken Merrill noted that this property is located in a tax increment finance district and this will continue in a "pay as you go" plan. 7. COMMUNICATIONS. REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON MANUFACTURING, REFERRED BACK TO PLANNING COMMISSION BY CITY COUNCIL FOR FURTHER CLARIFICATION WITH UNFAVORABLE RECOMMENDATION Julie Wischnack, Planning Director, presented before the Council. Ms. Wischnack explained that Mr. Daggett had informed her that he would be withdrawing the conditional use permit application. Although he has not formally done so, to comply with the 60 day rule, the Planning Commission is requestmg that the City Council deny this apphcation. Mr. Daggett would then need to reapply ifhe would like to move forward with this request. If no action is taken within 60 days, the conditional use permit will be approved. Attorney Sebora recommended rejecting this conditional use permit due to the disagreement between the applicant and the Planning Commission on the conditions placed on the permit. Motion by Hoversten, second by Arndt, with Haugen abstaining, to deny this conditional use permit with a reapplication fee being waived, should Mr. Daggett apply again for this same conditional use permit. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FORAPPROV AL OF ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN HUTCHINSON AREA HEALTH CARE AND PRESBYTERIAN HOMES Phil Graves, Hutchinson Area Health Care CEO, presented before the Council. Mr. Graves informed the Council that the hospital is progressing with meeting the needs of senior care housing. Jay Christensen, Faegre & Benson, presented before the Council. Mr. Christensen explained the Memorandum of Understanding, which is a nonbonding document between Hutchinson Area Health Care and Presbyterian Homes to progress with the project of providing senior care services in Hutchinson. In addition, a Board would be established comprising ofthree members from HAHC and three from Presbyterian Homes. The Hospital has approved the Memorandum of Understanding and three members were appointed to serve on a transaction committee. This is a beginning point for the venture and final documents will be brought before the Council for approval. 3 CITY COUNCIL MINUTES - OCTOBER 28, 2003 Motion by Hoversten, second by Haugen, to approve Resolution No. 12286. Motion carried unanimously. Motion by Hoversten, second by Arndt, to approve adopting memorandum of understanding between Hutchinson Area Health Care and Presbytenan Homes. Motion carried unanimously. (b) CONSIDERATION TO DETACH PROPERTY FROM CITY LIMITS REQUESTED BY DIANE AND KON SORENSEN (5 ACRES) WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (PLANNING COMMISSION 6-1 VOTE) (ADOPT RESOLUTION NO. 12279) Julie Wischnack, Director of Planning, presented before the Council. Ms. Wischnack explained that a detachment is the opposite of an annexation. Ms. Wi schnack further explained that the applicant is requesting that two vacant parcels be detached from their property. The Planning CommissiOn voted 6-1 and staff is recommending denial of this detachment. The applicants have expressed that they are unable to receive city services and therefore would like to be detached. Storm water charges are assessed on these two vacant parcels that the property owners pay. Duane Hoversten questioned whether or not there is a way to address the storm water charges. Ms. Wischnack stated that she would need to confer with other staff members. Duane Hoversten stated that all members of the Council need to be present in order to vote against the Planning Commission. Motion by Hoversten, second by Arndt, to defer this item to the November 12,2003, City Council meeting.. Motion carried unanimously. (c) CONSIDERATION TO VACATE DRAINAGE AND UTILITY EASEMENTS REQUESTED BY MIKE MCNELIS AT 1344 HERITAGE AVENUE NW WITH UNFAVORABLE RECOMMENDATION Julie Wischnack, Director of Planning, presented before the Council. Ms. Wischnack explained that staff has realized that there is a very large telephone line on this property and the applicants have the option to pay for moving the line. Motion by Arndt, second by Haugen, to defer this item until the applicant follows up with the Planning Staff. Motion carried unanimously. (d) CONSIDERATION OF ACCEPTING TAX FORFEITED LAND FROM MCLEOD COUNTY FOR THE PURPOSE OF ESTABLISHING A HISTORICAL INTERPRETIVE CENTER DolfMoon, Director of Parks, Recreation, Community Education, presented before the Council. Mr. Moon explained that this is a follow-up from a Leadership Team Meeting held a couple of weeks ago. Mr. Sebora explained that this property is located on Washington Avenue and the County is offering this parcel to the City of Hutchinson as a tax forfeiture property as long as the City uses it for historical purposes. If the City is interested, the City must submit an application to the County by November 16,2003. Mr. Sebora explained that there are no tax liens on the property that the City needs to be concerned with. Mr. Sebora presented a resolution for the Council's consideration to acquire the tax forfeited property. Motion by Arndt, second by Hoversten, to apply for tax forfeited land from McLeod County for the purpose of establishing a historical interpretive center. Motion carried unanimously. (e) PRESENTATION BY BRAD EMANS, FIRE CHIEF, ON FEE FOR SERVICE Brad Emans, Fire Chief, presented before the Council. Mr. Emans stated that his main goal is to provide information to the public regarding this issue and is not seeking any specific action from the Council. Mr. Emans explained that this is an idea he is pursuing in order to generate more revenue for 4 CITY COUNCIL MINUTES - OCTOBER 28, 2003 the City. Mr. Emans explained the idea of the fee for service, which would entail charging for fire services by billing insurance companies. Mr. Emans stressed the fact that services would still be provided to all residents and would not be denied for any reasons. Payment issues would be between the City and the insurance companies and would not involve the home owners. The fire department's hope would be to receive approximately 50% of the bill, which would accumulate to approximately $40,000. Mr. Emans would like to receive feedback from the public and the City Council. Mr. Emans continued to state that this is not a new idea in other areas. (f) CONSIDERATION OF SETTING DATE FOR CANVASSING RESULTS FROM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2003 Motion by Arndt, second by Haugen, to set November 5, 2003, at 8:30 a.m. to canvass city and school district election results. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING BUDGET INFORMATIONAL MEETING FOR NOVEMBER 12, 2003 Motion by Arndt, second by Haugen, to set budget informational meeting for November 12,2003, at 4:00 p.m. Motion carried unanimously. 10. COMMUNICATIONS Melissa Starke, Administrative Secretary, stated that the VFW had submitted a one-day gambling application for November 26,2003, that required the Council's approval. Motion by Haugen, second by Arndt, to approve the VFW one-day gambling license. Motion carried unanimously. Gary Plotz explained that at an informational meeting the Council had requested that staff research ways to handle the telephone services at the City Center. Mr. Plotz explained that the responsibility of answering the main line of the City Center will be answered by a live person and the duties would be distributed amongst four current employees. Hours of the City Center will be expanded to be open from 8am-4pm, with the front doors being locked at 4:30 p.m. Motion by Arndt, second by Haugen, to approve the proposed plan for City Center phone services and hours. Motion carried unanimously. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Hoverssten, second by Haugen, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further items to discuss, the meeting adjourned at 6:50 p.m. 5