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06-28-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 28, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of June 14, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MAY 1994 2. CITY INVESTMENTS REPORT 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF MAY 17, 1994 4. HUTCHINSON HOUSING, INC. MINUTES OF MAY 17, 1994 5. LIGHT TRAFFIC TASK FORCE MINUTES OF JUNE 13, 1994 6. PLANNING COMMISSION MINUTES OF MAY 17, 1994 AND MAY 19, 1994 7. LIBRARY BOARD MINUTES OF JUNE 9, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10257 - RESOLUTION DESIGNATING THE LOCATION OF THE POLLING PLACE AND APPOINTING JUDGES FOR THE MCLEOD COUNTY SPECIAL ELECTION 2. RESOLUTION NO. 10258 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10260 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (c) DELINQUENT WATER AND SEWER ACCOUNTS (d) TRANSIENT MERCHANT PERMIT FOR RYAN BUSHMAN m CITY COUNCIL MINUTES - JUNE 28, 1994 (e) SHORT-TERM RETAIL "ON SALE" NON -INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES AND MCLEOD COUNTY AGRICULTURAL ASSOCIATION (f) LETTING NO. 3, PROJECT NO. 94-03, LAKEWOOD DRIVE > RESOLUTION NO. 10261 - ORDERING PREPARATION OF ASSESSMENT ROLL NO. 294 > RESOLUTION NO. 10262 - ACCEPTING ASSESSMENT ROLL AND CALLING FOR HEARING (JULY 26, 1994 - 8:00 P.M.) (g) LETTING NO. 8/11, PROJECT NO. 94-09/94-20/94-29 (ARCH STREET) > RESOLUTION NO. 10263 - ORDERING PREPARATION OF ASSESSMENT ROLL NO. 296 > RESOLUTION NO. 10264 - ACCEPTING ASSESSMENT ROLL AND CALLING FOR HEARING (JULY 26, 1994 - 8:00 P.M.) > RESOLUTION NO. 10265 - WAIVING HEARING ON ASSESSMENT ROLL NO. 296 FOR PROJECT NOS. 94-20 & 94-29 (h) LETTING NO. 12, PROJECT NO. 94-24 - HUNTERS RIDGE PROJECT NO. 94-28 - FAIRWAY ESTATES > RESOLUTION NO. 10266 - ORDERING PREPARATION OF ASSESSMENT ROLL NO. 295 > RESOLUTION NO. 10267 - WAIVING HEARING ON ASSESSMENT ROLL NO. 295 FOR PROJECT NO. 94-24/94-28 > RESOLUTION NO. 10268 - ADOPTING ASSESSMENT ROLL NO. 295 > RESOLUTION NO. 10269 - ACCEPTING BID AND AWARDING CONTRACT (i) PETITION FOR STREET LIGHTING ON HURON AND ERIE STREETS (REFER TO HUTCHINSON UTILITIES) (j) CONTRACT WITH TWO-WAY COMMUNICATIONS TO INSTALL NEW PUBLIC WORKS ANTENNA AT CITY CENTER (k) CONDITIONAL USE PERMIT FOR PARK AND RECREATION DEPARTMENT TO CONSTRUCT HEATED SHELTER IN KIWANIS PARK WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10249) (1) PRELIMINARY PLAT OF LAKEWOOD ESTATES ON LAKEWOOD DRIVE SUBMITTED BY BRUCE NAUSTDAL AND DIANE SORENSEN WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10250) (m) CONDITIONAL USE PERMIT REQUESTED BY BRENDA ZACKRISON TO MOVE GARAGE WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10251) 2 CITY COUNCIL MINUTES - JUNE 28, 1994 (n) PRELIMINARY AND FINAL PLAT OF BROLL IS FIRST ADDITION SUBMITTED BY DAVID BROLL WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10252) (o) VARIANCE FOR LOT WIDTH ON LOT IN BROLLIS FIRST ADDITION REQUESTED BY DAVID BROLL WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10253) (p) PRELIMINARY AND FINAL PLAT OF OTTER OAKS ADDITION ON LAKEWOOD DRIVE SUBMITTED BY DENNIS KAHL WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10254) (q) REZONING LOTS ON GLEN STREET FROM R-3 TO R-4 AND ONE LOT ON THIRD AVENUE AND FRANKLIN STREET FROM R-3 TO R-2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (WAIVE FIRST READING OF ORDINANCE NO. 94-114 AND SET SECOND READING FOR JULY 12, 1994) (r) PRELIMINARY AND FINAL PLAT FOR PRINCE OF PEACE RETIREMENT LIVING SUBMITTED BY HRA WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10255) (s) VACATION OF PORTION OF GLEN STREET AND THIRD AVENUE REQUESTED BY HRA WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (WAIVE FIRST READING OF ORDINANCE NO. 94-115 AND SET SECOND READING FOR JULY 12, 1994) (t) CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ELDERLY APARTMENT BUILDING COMPLEX REQUESTED BY PRINCE OF PEACE SENIOR APARTMENTS, INC. WITH STAFF RECOMMENDATIONS AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10256) (u) CONSIDERATION OF VARIANCE FOR SETBACK REDUCTIONS IN ACOMA TOWNSHIP (TWO MILE RADIUS) REQUESTED BY JOE DOOLEY WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion to approve the consent agenda, with the exceptions of 4-h which was contingent upon receiving a signed waiver and executed subdivision agreement and 4-u which was pulled and sent back to the Planning Commission for review, was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. C CITY COUNCIL MINUTES - JUNE 28, 1994 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) REVIEW OF PROPERTY AND CASUALTY INSURANCE RENEWALS BY DENNIS POTTER AND MARK FLATEN Dennis Potter and Mark Flaten reviewed some of the coverage changes for the property and casualty insurance renewals. They reported a $1,500.00 savings to the City by eliminating the limited coverage for sidewalk accidents. Following discussion, the motion to approve the renewals without medical coverage was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) WIRELESS COMMUNICATIONS REPORT BY CONSULTANT Consultant Jeff Nelson of W.M. Montgomery & Associates presented a report on the wireless communications system in Hutchinson. He noted the City police, fire, and public works activities are conducted on three primary radio channels licensed by the FCC for government use. These channels are shared with other users which causes disruptive interference to Hutchinson operations. Based on the study, Mr. Nelson presented nine recommendations which included a capital budget of $195,455 with the following breakdown: Radio Upgrades: $33,478; Console & Dispatch Work: $160,397; and Telephone Equipment Installation within the Police Department: $1,580. Following discussion, Council Member Mlinar moved to receive the report and approve its content and to discuss the issue at a future time when the Police Chief provides prioritized items, and the items requiring repair or affecting safety should be taken care of immediately. Motion seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 4 CITY COUNCIL MINUTES - JUNE 28, 1994 8. UNFINISHED BUSINESS (a) PRESENTATION ON HCDC TAX INCREMENT HOUSING DISTRICT PROPOSAL FOR AUGUSTA HOMES, INC. Brian Solsrud and Leonard Kirsch gave a presentation on the Augusta Homes luxury apartments proposal and tax increment financing. Mr. Solsrud showed drawings of the proposed exterior units and interior unit designs. HCDC Executive Director Dick Lennes recommended approval of the Augusta Homes proposal. He noted that the Maxfield Study showed a need for this type of housing. Following discussion, the motion to set a public hearing for August 23, 1994, and to waive reading and adopt Resolution No. 10259 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF COMMITMENT FROM PEACE LUTHERAN CHURCH FOR PRINCE OF PEACE PROJECT FOR INTERIM FINANCING During discussion it was noted that the letter of commitment from Peace Lutheran Church would "hold the City harmless" from any cost arising from the acquisition, relocation, and demolition between the time the City acquires properties in Phase I until the bond issue is sold to proceed with the project, as well as a request to the City to proceed immediately to close on all of the properties in Phase I. The motion to approve the letter of commitment from Peace Lutheran Church was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF HCDC RECOMMENDATION ON LOAN FOR PRINCE OF PEACE SENIOR APARTMENTS, INC. The HCDC Board of Directors recommended the City Council execute a 40 loan for approximately $400, 000 to Prince of Peace Senior Apartments, Inc. combined with Tax Increment Financing to enable repayment of the loan for the land. The HCDC Board also recommended the City continue to negotiate for the empty lot where the Prince of Peace facility will be built. W CITY COUNCIL MINUTES - JUNE 28, 1994 Following discussion, the motion to approve the loan recommendation was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF EXECUTING HRA OPTIONS ON LAND FOR PRINCE OF PEACE PROJECT Following discussion, the motion to approve executing the HRA land options was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (d) CONSIDERATION OF DEVELOPMENT AGREEMENT BETWEEN CITY OF HUTCHINSON AND PRINCE OF PEACE SENIOR APARTMENTS, INC. City Attorney Anderson noted some changes in the submitted development agreement. Following discussion, the motion to approve the development agreement with the City Attorney's recommendations and to waive reading and adopt Resolution No. 10271 was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF NEGATIVE DECLARATION OF OTTER LAKE EAW Engineer Rodeberg stated that Barr Engineering has prepared a document declaring the EAW is accepted and determining an EIS is not required for this project. Following discussion, the motion to approve the document declaring that an EIS is not required and to waive reading and adopt Resolution No. 10270 was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. (f) CONSIDERATION OF ESTABLISHING LIEUTENANTS POSITION IN POLICE DEPARTMENT Following discussion, the motion to approve the establishment of three lieutenants positions in the Police Department was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF INSTALLING NEW TELEPHONE SYSTEM IN POLICE DEPARTMENT Police Chief Steve Madson reported the present telephone system in the Police Department is at capacity and cannot 0 CITY COUNCIL MINUTES - JUNE 28, 1994 be expanded. In addition, the equipment is not directly compatible with the Centrex system installed at City Center or the proposed E911 equipment. The one time installation cost for the ISDN Centrex system is $1,123.00, and the recurring monthly charges for equipment and service is $684.05. Following discussion, the motion to approve installation of the new telephone system in the Police Department was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (h) CONSIDERATION OF AUTHORIZATION TO PURCHASE TWO NEW POLICE VEHICLES A report on the purchase of two cars from the central garage funds was presented by Police Chief Steve Madson. The total cost of the two vehicles is $30,500.00 under Superior Ford State Contract. Following discussion, the motion to approve the purchase was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (i) CONSIDERATION OF SETTLEMENT PROPOSAL FROM HUTCH, INC. City Attorney Anderson discussed the settlement proposal from Hutch, Inc. and stated the City's water department did not recommend acceptance of the offer. Finance Director Kenneth B. Merrill reviewed the billing history for Country Club Terrace mobile home court. Following discussion, the proposal was not accepted by the City Council. No action was taken. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY The City Attorney noted there were two properties in the City of Hutchinson where the connection fees had not been paid for municipal services provided. The properties in question are presently owned by Grant Willmert, located at 1020 Highway 22 South, and Steven Wadsworth, located at 1020 Highway 7 West. Attorney Anderson recommended that the connection fees be charged according to City policy over a ten year period with the interest charge for 1994 improvements. 7 CITY COUNCIL MINUTES - JUNE 28, 1994 The motion to approve the City Attorney's recommendation was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on a population study from the 1970s which predicted Hutchinson's population to be 14,200 by 1980. (c) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson reported the Hospital and Nursing Home Board was requesting approval from the Council to install a new nurse call system at Burns Manor for a cost of $41,600.00 by Special Systems of Moorhead, MN. The motion to approve the nurse call system was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. (d) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz stated Harley Albers received a bill for a water leak repair. He plans to attend the next City Council meeting to review the City's policy on this matter. Administrator Plotz commented on a mediation meeting held June 15, 1994, regarding the Thurn litigation. Another meeting is scheduled. It was suggested that the City Council hold a closed meeting on July 12, 1994, at 7:00 P.M. for a mediation update by the City's legal counsel. The motion to conduct a closed meeting on July 12, 1994, at 7:00 P.M. was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated the agreement with the State Board of Innovation and Cooperation for the tri -agency facility was ready for signature. The City Engineer requested authorization for payment to Mathiowetz Construction to cover 500-. of the airport project. The motion to approve payment to contract for the airport work was made by Council Member Peterson, N. CITY COUNCIL MINUTES - JUNE 28, 1994 seconded by Council Member Erickson and unanimously carried. It was reported that Engineer Rodeberg is working with Sky's the Limit to purchase property off of the airport site and accessible to the taxi runway. The company has averaged 150-200 skydiving jumps on a weekend since starting its Hutchinson operation. They anticipate a balloon aerial by fall. The Otter Lake crossing has been approved by the MPCA so the City is proceeding with plans and specifications. (f) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson commented on the debris left on the Shopko parking lot by the youth who congregate there in the evenings. 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 Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:40 P.M. 0J