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07-26-1994 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 26, 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. The invocation was given by the Rev. Brian Brosz. 3. MINUTES The minutes of the regular meeting of July 12, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1994 CITY INVESTMENTS REPORT 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF JUNE 21, 1994 3. HUTCHINSON HOUSING, INC. MINUTES OF JUNE 21, 1994 4. TELECOMMUNICATIONS COMMISSION MINUTES OF JUNE 29, 1994 5. PLANNING COMMISSION MINUTES OF JUNE 21, 1994 6. PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JUNE 2, 1994 7. HOSPITAL/NURSING HOME BOARD MINUTES OF JUNE 21, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10277 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 2. RESOLUTION NO. 10289 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10292 - RESOLUTION AMENDING POLICY IN HUTCHINSON HANDBOOK ON COUNCIL POLICIES, PROCEDURES AND PRACTICES, AND ADMINISTRATIVE ORDERS TO PROHIBIT PETS WITHIN VETERANS MEMORIAL BASEBALL FIELD 6� r CITY COUNCIL MINUTES - JULY 26, 1994 (C) SOLICITORS PERMIT FOR HOWARD KEITH MERRILL (d) CHANGE ORDER NO. 2 FOR LETTING NO. 10, PROJECT NO. 94-19 (e) CHANGE ORDER NO. 1 FOR LETTING NO. 10, PROJECT NO. 94-25 (f) GAMBLING LICENSE APPLICATION FOR ST. ANASTASIA CHURCH'S FALL FESTIVAL (g) USE OF LIBRARY SQUARE FOR "TAKE BACK THE NIGHT RALLY" ON SEPTEMBER 12, 1994 (h) APPRAISAL OF PROPERTY LOCATED AT 35 FRANKLIN STREET NORTH (i) VARIANCE REQUESTED BY NEIL WHALEN TO REDUCE SIDEYARD SETBACK ON PROPERTY LOCATED AT 546 HASSAN STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10282) (j) CONDITIONAL USE PERMIT REQUESTED BY TIM EAKINS, SKYDIVE HUTCHINSON, FOR CONSTRUCTION OF BUILDING IN I/C DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10283) (k) VARIANCE REQUESTED BY BRUCE NAUSTDAL FOR REDUCTION OF LOT SIZE ON FOUR LOTS IN LAKEWOOD ESTATES PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10284) (1) CONDITIONAL USE PERMIT REQUESTED BY MIKE JASTER TO MOVE 20' X 24' GARAGE TO PROPERTY LOCATED AT 230 LYNN ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10285) (m) PETITION BY DAVID BROLL TO VACATE EASEMENTS LOCATED IN NEWLY PLATTED BROLL'S FIRST ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE AND SET SECOND READING FOR AUGUST 9, 1994) (n) PRELIMINARY AND FINAL PLAT OF CENTURY COURT LOCATED NORTH OF FAIR GROUNDS SUBMITTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORP., WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10286) 2 CITY COUNCIL MINUTES - JULY 26, 1994 (o) CONDITIONAL USE PERMIT REQUESTED BY BRIAN SOLSRUD FOR CONSTRUCTION OF SEVEN EIGHT-PLEX UNITS LOCATED IN CENTURY COURT PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10287) (p) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.04, 8.05, 8.06 AND 10.03 REGARDING MINIMUM GARAGE SQUARE FOOTAGE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (q) VARIANCE FOR SETBACK REDUCTIONS IN ACOMA TOWNSHIP (TWO MILE RADIUS) REQUESTED BY JOE DOOLEY WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (r) FINAL PLAT OF SOUTH LAKEWOOD ESTATES SUBMITTED BY BRUCE NAUSTDAL WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10288) (s) HOLD PUBLIC HEARING ON AMENDMENT TO SUBDIVISION ORDINANCE NO. 466 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (t) DELINQUENT WATER AND SEWER ACCOUNTS The motion to approve the consent agenda, with the addition to 4(0) that a landscaping design be provided for City approval, with the denial of the solicitors permit in 4 (c) , and to refer 4(p) back to the Planning Commission, was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) HOUSING PLAN FOR CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:00 P.M. and read the notice of public hearing on a Housing Plan. No one was present to be heard. Council Member Mlinar moved to close the hearing at 8:02 P.M. Motion seconded by Council Member Erickson and unanimously carried. The motion was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried, to approve the housing plan and to waive reading and adopt 3 CITY COUNCIL MINUTES - JULY 26, 1994 Resolution No. 10290. (b) HOUSING PROGRAM FOR CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:03 P.M. and read the notice of public hearing for a Housing Plan and a Housing Program for the City of Hutchinson, MN. No one was present to be heard. Council Member Erickson moved to close the hearing at 8:05 P.M. Motion seconded by Council Member Peterson and unanimously carried. The motion was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried, to approve the housing program. (c) PROPOSED AMENDMENTS TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4, CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 8:07 P.M. and read the notice of public hearing. June Redman, 255 Hwy. 7 E., raised a question regarding the City's financial situation with the bonding company. Administrator Plotz explained that there was a $10 million credit limit per calendar year that could be sold, and it limited the number of bidders. This project fit under the bonding cap. Council Member Erickson stated housing was a priority, and the Council wanted it covered. Richard Schmidtbauer, 15848 St. Hwy. 15, expressed his opposition to tax increment financing and requested future TIF be limited. He noted the average home owner pays for the tax increment financing. Dick Lennes, HCDC Executive Director, pointed out that there must be clarification between housing and redevelopment. Council Member Erickson moved to close the hearing at 8:15 P.M. Motion seconded by Council Member Peterson and unanimously carried. CITY COUNCIL MINUTES - JULY 26, 1994 The motion to approve the amendments to the tax increment financing plan or District No. 4 and to waive reading and adopt Resolution No. 10291 was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) ASSESSMENT ROLL NO. 294, LETTING NO. 3, PROJECT NO. 94-03 (LAKEWOOD DRIVE) Mayor Torgerson called the hearing to order at 8:16 P.M. and read the notice of hearing. Engineer Rodeberg explained the location of the project. He noted the two objections from property owners who are most affected by the project are the method used for calculating the assessment on a per lot basis instead of a per front foot basis, and a credit be given for previous work on the present road. The City Engineer commented that the City would be acquiring the Cedar Mills Rod & Gun Club on the west, and the east side would be deferred until the land is developed according to City policy. The City Engineer stated that since the lots are different sizes, it is difficult to determine the cost on a front foot basis. He suggested that inasmuch as the owners of the two smaller lots are paying more assessments, perhaps they should receive a reduction on cost. Mayor Torgerson read two letters received on the project. Jerome Hoikka, 960 Lakewood Drive, and Richard Wanzek, 980 Lakewood Drive, both objected to the proposed assessment. June Redman, 255 Hwy. 7 East, inquired if the interest on a deferred assessment started the day the assessment was due. Mayor Torgerson explained the policy on deferred assessments. Bob Meyers, 920 Lakewood Drive SW, asked what can be deferred. Engineer Rodeberg stated that recertified septic systems, sewer and well can be deferred until such time as City hook up occurs. Vern Hahn, 880 Lakewood Drive SW, reported he owns three lots in the middle of the project, and he is being assessed $35,500. He asked on behalf of the entire 5 11 CITY COUNCIL MINUTES - JULY 26, 1994 neighborhood for a deferment of assessments. Mr. Hahn objected to the fact that the cost of the project had gone up, and there is nothing wrong with the present street. Council Member Erickson moved to close the hearing at 8:43 P.M. The motion was seconded by Council Member Mlinar and unanimously carried. Following discussion of assessing double and triple lots, Council Member Peterson moved to hold a special meeting at 5:30 P.M. on August 2, 1994. Motion seconded by Council Member Mlinar and unanimously carried. (e) ASSESSMENT ROLL NO. 296, LETTING NO. 8, PROJECT NO. 94-09 (ARCH STREET) Mayor Torgerson called the hearing to order at 8:50 P.M. and read the notice of hearing. The City Engineer reported the project would include sanitary sewer, watermain, storm sewer, and street repair on Arch Street. Deane Dietel, 845 Second Avenue SE, stated he had water and sewer connection on Second Avenue and inquired if he would receive a credit. Mr. Dietel wanted Arch Street blocked off since it was not accessible by the police. He noted Arch Street was a minimum maintenance road with an old seal coat and that trucks used it. Engineer Rodeberg commented he had no record that Mr. Dietel had paid a water and sewer assessment on Second Avenue. Council Member Mlinar moved to close the hearing at 9:17 P.M. Motion seconded by Council Member Peterson and unanimously carried. The motion to consider assessment roll No. 296 at the August 2, 1994, special meeting was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. (f) CABLE SERVICES BY MIDWEST CABLEVISION WITHIN CITY OF HUTCHINSON Mayor Torgerson called the hearing to order at 9:18 P.M. and read the notice of hearing. Gy CITY COUNCIL MINUTES - JULY 26, 1994 Fran Graupmann, 115 Jefferson Street SE, asked why Hutchinson does not have the sports channel when other local communities have it. Rob Gordon, Area Manager for Midwest Cablevision, stated he was working with the Telecommunications Commission, and he was not prepared to discuss MSC at this time. Council Member Erickson raised questions on the following items: (1) length of new contract; (2) sports channel; (3) full-time manager in the office; (4) lead time for connecting up to cable; and (5) minimum price on cable. Mr. Gordon reported some personnel changes were made in the Hutchinson cable office. There were three persons in the office, and a full-time technician was added whose position became full-time chief engineer/manager the first quarter of this year. Mr. Gordon further reported that additional help would be brought in, if needed, for lead time. The company is making some changes in their customer service. It was reported there are two levels of cable service, namely, limited channel (basic cable package) at $8.75 and full service, including satellite service, except HBO, at $19.95. A lady inquired how much the sports package would cost. Mr. Gordon responded that the specific cost had not been determined, but Midwest is in the process of negotiating with MSC. Chairperson Paul Ackland commented on the July 13, 1994 meeting of the Telecommunications Commission with the City's legal counsel and cable's attorney regarding negotiation on the cable franchise contract. He stated the committee is not interested in a 15 year contract with cable. He further stated that MSC is on the top of the agenda and has to be part of the franchise agreement. Council Member Mlinar asked if all residents can obtain access to cable service and if the trailer parks have access. He also commented on interference problems. Manager Gordon stated he did not have information available regarding local access. He noted the trailer park issue was discussed at the July 13 meeting of the Telecommunications Commission. Mr. Gordon mentioned the FCC regulations and stated Midwest would be in compliance with the federal regulations. 7 CITY COUNCIL MINUTES - JULY 26, 1994 Mr. Ackland noted the new technician has done monitoring, and the cable service has improved. Also, new areas of service have been added, ie., South Grade Road. Mr. Ackland reported that one of the trailer courts is acting as a franchise holder, but the City is not receiving a fee. There could be some FCC violations involved. It was reported that Attorney Creighton should have a draft copy of the cable contract available by late September or early October. Council Member Mlinar moved to close the hearing at 9:40 P.M. Motion seconded by Council Member Erickson and unanimously carried. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY CITY FORESTER TO ATTEND OUT-OF-STATE MIDWEST URBAN FORESTRY COORDINATORS ANNUAL MEETING Following discussion, the motion to approve the request was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF ACQUIRING PROPERTY FOR CONSTRUCTION OF FIFTH AVENUE SE BRIDGE AND LUCE LINE TRAIL EXTENSION TO 3M Following discussion, the motion to approve the purchase of land was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (b) CONSIDERATION OF WAIVER OF CONFLICT ON PART OF BOND COUNSEL DORSEY & WHITNEY Following discussion, the motion to approve the waiver of conflict was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 0 CITY COUNCIL MINUTES - JULY 26, 1994 (c) CONSIDERATION OF "THRU-THE-FENCE" AGREEMENT WITH SKYDIVE HUTCHINSON AT HUTCHINSON MUNICIPAL AIRPORT Following discussion, the motion to defer to the next City Council meeting was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (d) CONSIDERATION OF APPROVAL FOR USE OF CONSULTANT ROBERT FJERSTAD TO REVIEW CITY PAY PLAN CLASSIFICATIONS Following discussion, the motion to approve the use of Consultant Robert Fjerstad was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (e) CONSIDERATION OF MARIE THURN SETTLEMENT Following discussion, the motion to approve the settlement agreement and to authorize payment of $49,000.00 from City funds was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (f) CONSIDERATION OF RECOMMENDATION FOR TAX INCREMENT FINANCING ASSESSMENT FOR AUGUSTA HOMES It was recommended that Augusta Homes be required to pay an assessment of $5,000.00 prior to the August 23, 1994 public hearing. Following discussion, the motion to approve the $5,000.00 assessment was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF EQUIPMENT REPLACEMENT FOR PARKS DEPARTMENT Following discussion, the motion to approve and enter into a lease agreement was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (h) CONSIDERATION OF EXTENDING COMMUNICATIONS CONSULTING AGREEMENT WITH W.M. MONTGOMERY AND ASSOCIATES Following discussion, the motion to defer to the next meeting was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. E CITY COUNCIL MINUTES - JULY 26, 1994 (i) CONSIDERATION OF ENCLOSED BILLBOARD SIGN ON BOULEVARD IN FRONT OF CHAMBER OF COMMERCE BUILDING Following discussion, the motion was made by Council Member Erickson to recommend approval of the billboard sign, with the stipulation that the Police Department review the area for a traffic hazard and the Downtown Sign Committee review the site. Motion seconded by Council Member Peterson and unanimously carried. (j) CONSIDERATION OF EMERGENCY REQUEST TO PURCHASE A REPLACEMENT AUTOCLAVE (STERILIZER) FOR HOSPITAL SURGERY DEPARTMENT It was noted that the hospital staff requested purchase of the higher quoted sterilizer for safety reasons at a cost of $35,125.98 from the American Sterilizer Company. Following discussion, the motion to approve the purchase was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Fair Board issue. He requested Mayor Torgerson to sign a purchase agreement for a lot in question which the Council had approved in June. (b) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig mentioned the many forms of taxation. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on feedback to the Directors regarding their reports and presentations at the Council workshops. The City Administrator reviewed the items in his Update report. (d) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson read a portion of an article in News & Views regarding the first utility application of the GE LM 6000 turbine, and the first highly -efficient combined cycle design using that system, at the new Hutchinson 10 CITY COUNCIL MINUTES - JULY 26, 1994 utilities plant. He recommended the Council adopt a Resolution commending the Hutchinson Utilities Commission, Manager and staff for the innovative project. The motion to adopt Resolution No. 10293 was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and to 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 10:04 P.M. 11