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05-22-2001 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 22, 2001 1. CALL TO ORDER- 5:30 P.M. Mayor Torgerson called the meeting to order at 5:30 p.m. Council members Jim Haugen, John Mlinar, Kay Peterson, and Duane Hoversten were present. Also present were Dick Schieffer, City Attorney, Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works, and Julie Wischnack, Director of Planning, Zoning and Building Enforcement. 2. INVOCATION - Dr. Jerry Fluth, Hunter's Ridge Community Church, gave the invocation. 3. MINUTES (a) REGULAR MEETING OF MAY 8, 2001 (b) BID OPENING OF MAY 14,2001, FOR THE SALE OF THE FIRE DEPARTMENT LADDER AND RESCUE TRUCKS The minutes were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT FOR APRIL 2001 2. CERTIFICATES OF DEPOSIT AS OF APRIL 30, 2001 3. HUTCHINSON AREA HEAL TH CARE BALANCE SHEET AS OF APRIL 30, 2001 4. HUTCHINSON AREA HEALTH CARE STATEMENT OF REVENUES AND EXPENSES FOR PERIOD ENDING APRIL 30, 2001 5. HUTCHINSON AIRPORT COMMISSION MINUTES OF MAY 14,2001 6. HUTCHINSON PLANNING COMMISSION MEETING MINUTES OF APRIL 17, 2001 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 01-291 - ORDINANCE AMENDING THE HUTCHINSON CITY CODE REGARDING SECTION 3.03 AND SUMP PUMP CONNECTIONS TO THE SANITARY SEWER SYSTEM (WAIVE SECOND READING AND ADOPT) 2. ORDINANCE NO. 01-292 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE, DISPOSITION OR TRANSFER OF CERTAIN REAL ESTATE FROM HUTCHINSON COMMUNITY DEVELOPMENT COMMISSION - EDA TO DUANE MICHAEL HAEFNER AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS (WAIVE SECOND READING AND ADOPT) 3. RESOLUTION NO. 11730 - RESOLUTION OF APPRECIATION FOR JANET BERRYHILL AND SIG SCHEURLE OF THE MINNESOTA OFFICE OF ENVIRONMENTAL ASSISTANCE FOR THEIR EFFORTS WITH THE HUTCHINSON COMPOST/ORGANICS COLLECTION PROECT (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CITY COUNCIL MINUTES - MAY 22,2001 EDOUARDVERDON AND MARTINE FORTIN TO PUT UP A6' PRIVACY FENCE IN THE FRONT YARD AT 715 SHILOH STREET NW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11722) 2. CONSIDERATION OF A VARIANCE REQUESTED BY DWAYNE ANDERSON TO HAVE MORE THAN ONE ACCESSORY BUILDING IN A R-1 DISTRICT LOCATED AT 1455 SOUTH GRADE ROAD SW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11723) 3. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CARLIE KARG TO CONSTRUCT A 50' X 80' POLE BUILDING LOCATED AT 546 2ND AVENUE SE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11724) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY CRAIG GILL TO REPLACE AN EXISTING GARAGE WITH A GARAGE EXCEEDING 1000 SQUARE FEET LOCATED AT 405 HURON STREET SE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11725) 5. CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY TO APPROVE A PROPOSED SITE ENTRANCE AND SECURITY BUILDING CONSTRUCTION (WHICH INVOLVES GRADING IN THE 100 YEAR FLOOD PLAIN) LOCATED AT 905 ADAMS STREET SE WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11726) 6. CONSIDERATION OF A VARIANCE REQUESTED BY MURPHY OIL (WAL- MART) TO INCREASE THE MAXIMUM CANOPY SIZE ALLOWANCE AND A 48 SQUAREFOOTVA~CEFROMTHENU0U~TOTALSQUAREFOOTAGE ALLOWED IN A C-4 DISTRICT WITH UNFAVORABLE RECOMMENDATION TO REJECT (ADOPT RESOLUTION 11727) 7. CONSIDERATION OF A LOT SPLIT REQUESTED BY THE CITY OF HUTCHINSON LOCATED AT HWY 15 SOUTH AND FREEMONT AVENUE (PLAZA 15) WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11728) 8. CONSIDERATION OF A LOT SPLIT REQUESTED BY EARL OLSON LOCATED AT 1125 CHEYENNE STREET SW WITH FAVORABLE RECOMMENDATION AND STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 11729) (d) APPLICATION FOR SHORT TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY FOR RAFFLE ON AUGUST 21, 2001 (e) APPLICATION FOR TEMPORARY ON-SALE LIQUOR LICENSE FOR THE AMERICAN LEGION POST 96 FOR EVENT JUNE 7-9, 2001 (f) APPLICATION FOR PEDDLERS LICENSE FOR MARVIN WILLHITE TO SELL PRODUCE (g) DANCE PERMIT APPLICATIONFORJAKEBANDEMIERFOR THE POLKA FEST AT THE MCLEOD COUNTY FAIRGROUNDS JUNE 7 - 9 (APPROVAL RECOMMENDED BY THE HUTCHINSON POLICE DEP AR TMENT) (h) CONSIDERATION TO SELL CITY EQUIPMENT (STREET DEPARTMENT AUSTIN- WESTIN MOTOR GRADER) 2 CITY COUNCIL MINUTES - MAY 22,2001 (i) CONFIRMATION OF SETTING CONTINUATION OF COUNCIL WORKSHOP FOR FRIDAY, MAY 25,2001, AT 8:30 A.M. AT THE BEST WESTERN VICTORIAN INN (j) INVESTMENT AUTHORIZATION (k) CONSIDERATION OF REQUEST BY HUTCHINSON AREA HEALTH CARE (HAHC) TO AUTHORIZE $375,000 EXPENDITURE FOR THE PHYSICAL PLANT AND NETWORK SECURITY, $153,000 EXPENDITURE TO MODIFY SPACE AT THE PLAZA 15 SHOPPING CENTER TO RELOCATE THE HAHC BUSINESS OFFICE, $39,609 EXPENDITURE FOR THE PURCHASE OF LOTUS NOTES UPGRADE, AND $67,162.39 EXPENDITURE TO PURCHASE AN ANESTHESIA MACHINE Item 4(C) 1 and item 4(C) 6 were pulled for separate action. Motion by Mlinar, second by Haugen to approve the consent agenda with the exception of item 4(C)1 and item 4(C)6. Item 4(C) 1. Martine Fortin, 715 Shiloh Street NW, approached the Council regarding her conditional use permit request. She is requesting that the Council consider allowing her to place the fence up to the southerly property line, rather than the 5' setback from the right-of- way recommended for approval by the Planning Commissiog. It was noted that a stop sign will be erected at the intersection of Shiloh Street NW and 7 Street NW in the near future. Ms. Fortin provided photographs to show where her proposed fence would be placed and commented on how she believes it will affect the site lines at the intersection. The City is concerned that proper site lines be maintained. If placed up to the property line, the 6' fence will affect the site lines and the City is uncomfortable with the safety issues if the fence is placed per the property owner's request. Motion by Mlinar, second by Hoversten to approve the Conditional Use Permit request and Resolution No. 11722 with the Planning Commission recommendations. The motion passed unanimously. Item 4(C)6 - Mr. Dan Weese of CEI Engineering approached the Council regarding the Variance request. Mr. Weese explained that the recommendation only allows for one price sign and this places them at a competitive disadvantage in regards to other local gas establishments. The Murphy Oil design incorporates a kiosk style building rather than a larger building similar to other establishments. He asked that the Council consider what the ordinance allows, if it could be revised, and if the variance request that was recommended for denial by the Planning Commission be reconsidered for approval by the Council. Ms. Wischnack explained the two variances that have been requested - one for the canopy size and the second for the amount of signage allowed. The sign ordinance addresses sign size limits for canopies and how they are determined based on building size. Mr. Haugen, who serves on the Planning Commission, noted that the discussion at the Planning Commission centered around the requirement of the applicant to demonstrate a hardship. Mr. Schieffer stated that the Planning Commission also struggled with the size of the building and the code. The City code and State Statutes state that a variance cannot be issued if the hardship is created by the applicant or property owner. Sending this item back to the Planning Commission will not necessarily change the recommendation, but they can review the ordinance requirements and possible amendments regarding this issue. Ms. Wischnack also noted that if the item is sent back to the PC, a waiver will be needed from the applicant per the 60-day rule. Mr. Glen Roy, Murphy Oil of Franklin, TN, spoke to a possible solution based on allowing sign size based on the face of the canopy. 3 CITY COUNCIL MINUTES - MAY 22,2001 Mr. Schieffer recommended that the issue be sent back to the Planning Commission for review provided the applicant agrees to an extension of the 60-day rule. The applicant verbally agreed. Motion by Mlinar, second by Peterson to accept a waiver to the 60-day rule per the applicant and to refer the item back to the Planning Commission for further review. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS - NONE 7. UNFINISHED BUSINESS (a) LETTING NO. 2/PROJECTNO.Ol-11 (BLOCK 26 ALLEY); AND CONSIDERATION OF RESOLUTION NO. 11720, RESOLUTION ADOPTING ASSESSMENT AND RESOLUTION NO. 11721, RESOLUTION ACCEPTING BID AND AWARDING CONTRACT (DEFERRED FROM MA Y 8,2001) Mr. Rodeberg explained the progress of the project to date and the deferment from last meeting. Currently, there is not a majority of owners against the project. Another meeting was held with the owners on Wednesday, May 15,2001, to further discuss the project. At the meeting, four (4) owners stated they are in favor of the proj ect. Mr. Rodeberg noted that the quotes for the project are favorable and the City is willing to contribute to the costs because the design and concrete construction is anticipated to provide a cost saving to the City for future mamtenance. John Lofdahl, 542 Jefferson Street SE, Charles Brill, 222 Jefferson St. SE, and Brad Lueneburg, owner ofthe property at 237 Hassan Street SE, all stated that they is are in favor of the proJect. Alice Gehrke, 144 2nd Avenue SE, stated she is opposed to the project and noted that she obtained the signatures from other owners opposed to the project. She feels that 50% of the owners who signed her petition are also opposed. Mr. Rodeberg noted that one of the owners who had previously indicated they were not in favor ofthe project changed their mind. As a result, there is no longer a majority opposed to the project. Motion by Hoversten, second by Mlinar to approve and adopt Resolution No. 11720 and Resolution No. 11721. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION TO AWARD THE BID FOR SALE OF THE FIRE DEPARTMENT RESCUE TRUCK #2335 AS RECOMMENDED BY THE FIRE DEPARTMENT Motion by Mlinar, second by Peterson to approve the bid for the sale of the Fire Department rescue truck #2335. Motion carried unanimously. (b) CONSIDERATION OF A VARIANCE REQUESTED BY BRUCE SCHULTZ TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6' TO 2' FOR THE CONSTRUCTION OF A GARAGE ADDITION LOCATED AT 545 MAIN STREET SOUTH WITH RECOMMENDATION TO REJECT Ms. Wischnack explained the variance application that requests a reduction of the side and rear property lines. She also explained the discussion and vote on the item at the Planning Commission level. The hardship criteria were also discussed. Mayor Torgerson asked if granting the variance would affect the neighborhood in that other 4 CITY COUNCIL MINUTES - MAY 22,2001 structures or lots may be affected in the future. Ms. Wischnack talked about the fire code separation of six feet (6') which could affect where buildings can be built on other properties. The applicant, Bruce Schultz, 545 Main Street South, approached the Council and explained that there are trees and telephone/cable TV utilities located on his lot that he feels prohibit him from placing the garage and/or an addition on another location on the lot. He stated that he thinks It is unwise to build a garage that would require entry from and exit onto Main Street. Council member Hoversten asked if Mr. Schultz considered moving the garage to another location to the south on the lot that would allow him to retain access from the alley. Mr. Schultz stated that he could, but that would probably mean that the utilities would need to be moved, and it would be difficult to enter and exit at the resulting angle from the alley. Ms. Peterson asked ifhe could move the entire garage and addition approximately two feet (2') to the south of the present garage location. Mr. Schultz stated that he felt he could. Mr. Rodeberg noted that there are concerns regarding the alley maintenance and snow removal issues and how a new structure, if damaged, may affect City liability. There was additional discussion regarding the movement ofthe garage four feet (4') from the current location so that the side yard setback would not need a variance for reduction. Mr. Schultz asked if the utility boxes can be moved. Ms. Wi schnack responded that this is generally done at the property owner's expense. June Wick, an adjacent neighbor at 535 Main Street South, does not feel that a hardship has been established. She feels that placement of the garage will restrict her from doing any additional building or making improvements to her lot. Ms. Wick recommends that the City ordinances be followed, and she stated she is opposed to the variance. Motion by Peterson, second by Hoversten to grant a variance for the placement of the garage two feet (2') from the alley with the condition that the applicant adhere to the six foot (6') side yard setback. The hardship is that any other configuration would require that a tree be removed. The motion passed unanimously. (c) CONSIDERATION OF ORDINANCE NO. 01-293 GRANTING THE HUTCHINSON DOWNTOWN ASSOCIATION THE RIGHT TO LOCATE A POPCORN WAGON OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE LIBRARY SQUARE, IDENTIFIED AS THE LIBRARY AND PARK TRACT BETWEEN BLOCKS 7 AND 8, SOUTH ONE HALF OF THE CITY OF HUTCHINSON (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 12, 2001) Motion by Mlinar, second by Haugen to set second reading and adoption of Ordinance No. 01-293 for June 12,2001. The motion carried unanimously. (d) CONSIDERATION OF ORDINANCE NO. 01-294 GRANTINO LINDO MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON SECOND AVENUE SOUTHWEST (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 12, 2001) Mr. Rodeberg noted that the property has been reviewed by the planning, engineering, and police departments. There should be sufficient room for movement on the sidewalk, and the items on the sidewalk will be able to be removed in a short period of time, if necessary. Staff is of the opinion that the eating area proposed will create a nice ambience in the downtown area. If there are any special events, the applicant is open to removing items for that period oftime. Tables will not be taken offthe sidewalk each night, and they are heavy enough to tolerate high winds. 5 CITY COUNCIL MINUTES - MAY 22,2001 Ms. Peterson stated that the City should consider some general standards for sidewalk use that do not require a franchise. Motion by Mlinar, second by Haugen to set second reading and adoption of Ordinance No. 01-294 for June 12,2001. The motion carried unanimously. (e) CONSIDERATION OF ORDINANCE NO. 01-295 GRAN,TING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE PUBLIC RIGHT OF WAY ON 18 MAIN STREET SOUTH (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 12, 2001) Mr. Rodeberg noted that the coffee shop proposal has also been reviewed by staff and should pose no safety or movement issues. The tables can be removed in a short period of time, if necessary. It IS planned that the tables will not be on the sidewalk during the winter months. Motion by Mlinar, second by Haugen to set second reading and adoption of Ordinance no. 01-295 for June 12,2001. The motion passed unanimously. (f) CONSIDERATION OF APPRAISAL SERVICES FOR THE LIQUOR STORE EXPANSION Gary Plotz, City Administrator, noted that direction was given at the last Council meeting for staff to obtain appraisal cost information. He also noted that it is still the City's intent to maintain a presence in the downtown area with the liquor store but also to explore other future options. The cost estimated for the appraisals is $4,500. Motion by Hoversten, second by Peterson to accept the appraisal proposal from Robinson Appraisals for the properties to be evaluated for the Liquor Store expansion. The motion passed unanimously. (g) CONSIDERATION OF SETTING A COUNCIL WORKSHOP FOR TUESDAY, JUNE 26, 2001, AT 4:00 P.M. AT CITY CENTER REGARDING THE FINDINGS OF THE HUTCHINSON WATER SYSTEM REVIEW Mr. Rodeberg noted that this is Earthtech' s response to the work they have done on the City water system. This includes information on the results of how the various water treatment applications can be applied to the water system. Motion by Peterson, second by Haugen to set a council workshop for 4:00 p.m. on Tuesday, June 26, 2001, at City Center to discuss the findings ofthe Hutchinson water system review. The motion carried unanimously. (h) CONSIDERATION OF PAYMENT OF TEMPORARY AND PERMANENT STREET AND UTILITY EASEMENTS FOR THE EDMONTON AVENUE PROJECT John Rodeberg updated the Council on the status of this matter. Motion by Mlinar, second by Haugen to accept and authorize the payment of the temporary and permanent street and utility easements for the Edmonton Avenue project. The motion carried unanimously. (i) CONSIDERATION OF RE~UESTS FROM THE HUTCHINSON AREA CHAMBER OF COMMERCE FOR THE 27 ANNUAL ARTS AND CRAFTS FESTIVAL TO BE HELD ON SEPTEMBER 14 - 15,2001 · USE OF LIBRARY SQUARE FOR EXHIBITORS · CLOSING OF DESIGNATED STREETS AND MUNICIPAL PARKING LOTS · CLOSING OF PARKING AREAS ON STREETS FOR EXHIBITOR LOADING AND UNLOADING 6 CITY COUNCIL MINUTES - MAY 22,2001 Motion by Haugen, second by Mlinar to approve the requests from the Hutchinson Area Chamber of Commerce for the 27ili Annual Arts and Crafts Festival to be held on September 14 - 15,2001. The motion passed unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS Gary Plotz, City Administrator - Mr. Plotz updated the Council on the items discussed at the Leadership Team Meeting earlier in the day. The removal of the foundation of the elevator near Tartan Park and information on the awarding of the bid were discussed. The Council is inquiring if a workshop can be held to discuss the status of the Biosolids Facility fire and insurance activity. Mr. Schieffer noted that the status of the claims is that the general contractor's attorney has agreed orally to assume responsibility for the loss. They do reserve the right, if investigation shows need, to make a clmm against the city. There have been four meetings at the site with legal counsel and computer and fire experts retained by the various subcontractors at the site. This has proven to be a long and complicated process. Mr. Schieffer recommends that a workshop not be held in the event that anything that is stated could be used as evidence against the City if a future suit is brought. City Attorney Marc Sebora and Mr. Schieffer will discuss the workshop proposal and will look into data practices issues with holding a workshop and the ability to hold a closed meeting. Mr. Haugen asked ifthere is a time line for bringing the plant back up on line. Mr. Schieffer noted that reconstruction and clean-up has been allowed to begin since the review ofthe site by legal counsel and other parties has been completed. The City has put the contractors on notice about the odor, particulate emissions, and drying issues that need to be corrected. A meeting was held on Friday, May 18 with representatives of the Hutchinson Schools, McLeod County, and the City. The purpose of the meeting was to discuss a possible coordination of efforts to manage the fairgrounds facilities. Additional utilization of the facility is available and additional staff to maintain it is also needed. The issue of the transition from the odd to even year elections was raised, but will be discussed later. Mr. Plotz spoke about the progress at the Compost Facility. The BioCycle Conference has offered the opportunity for attendees to view the site tomorrow, May 23. Forty-five conference attendees will be present, as will many other dignitaries and interested parties. Recognition for the Office of Environmental Assistance will also be part of the event. An additional community open house will be held later in June for the general public. Duane Hoversten inquired about the liquor violation hearings, and they were confirmed for May 24,2001. Mr. Hoversten also reported that the Southwest Minnesota Foundation was awarded a $7 mill grant by the McKnight Foundation. Mr. Hoversten extended his congratulations to them. Kay Peterson reported that the groundbreaking ceremony for the County Veterans Memorial was held on May 18. Ms. Peterson also noted that the Council previously declared Mayas the month ofthe challenged child. A fund-raising event was held on Saturday, May 19 sponsored by the Foundation for Challenged Children. Over 450 motorcycles and classic cars were involved with the event. John Mlinar spoke the Duluth Smoking ban article that appeared in the Minneapolis Star/Tribune. He noted that the League of Minnesota Cities conference is in Duluth in June and asked if the Council could do some informal research when they are there. Mayor Torgerson spoke with the Council members and legal counsel about the transition from odd to even year elections per the recent city charter amendments. He recommends a special election in 2001 for a one-year term for the mayor and council seats affected, and a 7 CITY COUNCIL MINUTES - MAY 22,2001 second election in 2002 for regular terms. The Mayor also noted that the Charter Commission is currently reviewing the charter. Any changes would require an election. Other issues that could be voted on include a smoking ban, hospital bonding, and a park/ballfield complex. This election issue will be discussed later. Richard Schieffer presented a Declaration of Easement, Covenants, and Common Wall Agreement for the Plaza IS/Hospital property. This declaration is a requirement of the grant agreement for the $1 million dollars for the Community/Conference Center as provided by the state. Mr. Schieffer requested that the Council approve the declarations and authorize the Mayor and City Administrator to execute the documents. Motion by Hoversten, second by Peterson to approve the document and to authorize the execution of the documents. The motion passed unanimously. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS ( a) VERIFIED CLAIMS Motion by Haugen, second by Peterson with Hoversten abstaining to approve and authorize payment of verified claims A from the appropriate funds. The motion carried unanimously. Motion by Haugen, second by Peterson to approve and authorize payment of verified claims B. The motion carried unanimously 11. ADJOURN With no further business to discuss, the meeting adjourned at 7: 15 p.m. 8