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02-26-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL FEBRUARY 26, 2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - The invocation was dispensed due to the absence of Rev. Jim Hall, Word of Life Outreach Center. 3. MINUTES (a) REGULAR MEETING OF FEBRUARY 12,2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM DECEMBER 13, 2001 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JANUARY 15, 2002 3. PLANNING COMMISSION MINUTES FROM JANUARY 15,2002 4. CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT FOR JANUARY 2002 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11878-RESOLUTIONTOAPPROPRIATE/SELLAT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 11879 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 3. RESOLUTION NO. 11880 - RESOLUTION TO AMEND THE CITY OF HUTCHINSON FLEXIBLE BENEFIT PLAN, HEALTH CARE REIMBURSEMENT PLAN AND DEPENDENT CARE REIMBURSEMENT PLAN (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 24 FEET TO CONSTRUCT A DETACHED GARAGE ON PROPERTY LOCATED AT 705 CHURCH STREET AS REQUESTED BY DAVID TIFFT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11881) 2. CONSIDERATION OF A VARIANCE TO REDUCE FRONT AND CORNER SIDE YARD SETBACK AND LOT AREA TO REPLACE A DEMOLISHED STRUCTURE LOCATED AT 605 BROWN STREET AS REQUESTED BY JEFF HAMILTON WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11882) CITY COUNCIL MINUTES - FEBRUARY 26, 2002 3. CONSIDERATION OF A FINAL PLAT TO BE KNOWN AS SUMMERSET SECOND ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11883) (d) CONSIDERATION FOR APPROVAL OF 2002 GAMBLING LICENSES AND 2002 TOBACCO LICENSE (e) CONSIDERATION FOR APPROVAL OF PAYMENT TO WM MUELLER AND SONS FOR SCHOOL ROAD SW STREET REPAIRS (f) CONSIDERATION FOR APPROV AL OF DANCE PERMIT FOR EUGENIO TREJO ON MARCH 23, 2002 (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT APPLICATION FOR T.A.P. ENTERPRISES ON MAY 25,2002 (h) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.3, LETTING NO.8, PROJECT NO. 01-21 (i) CONSIDERATION FOR APPROVAL OF FEE SCHEDULES (POLICY NO. 2.22) FOR CITY OF HUTCHINSON HANDBOOK (j) CONSIDERATION FOR APPROVAL FOR OUT-OF-STATE TRAVEL FOR JULIE WISCHNACK TO ATTEND THE NATIONAL CONFERENCE OF THE AMERICAN PLANNING ASSOCIATION IN CHICAGO, ILLINOIS FROM APRIL 14 - 17,2002 (k) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB ON APRIL 27, 2002 (I) CONSIDERATION FOR APPROVAL TO PURCHASE 15 REPLACEMENT BEDS AS REQUESTED BY HUTCHINSON AREA HEALTH CARE (m)RE-APPOINTMENT OF BOB PETERSON TO HUTCHINSON AREA HEALTH CARE BOARD TO 2006 Item 4( c)2 was pulled for further discussion. Motion by Mlinar, second by Haugen, to approve consent agenda, with the exception of Item 4(c)2 and (m). John Mlinar noted that the beds at the hospital are being replaced for the safety of patients. Motion carried unanimously. Hoversten motion, second by Mlinar, with Peterson abstaining to approve Item (m). Motion carried unanimously. Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council regarding the variance requests by Jeff Hamilton on 605 Brown Street. Ms. Wischnack explained that the applicant has applied for three variances for setbacks to the property to construct a duplex in an R2 district. A few modifications have been made to the original application since receiving the site plan from the applicant. In addition, a revised resolution has been provided to the Council to address issues raised by residents in the neighborhood. Specific issues addressed were parking restrictions and number of units within the duplex. Barry Greive, Building Official, explained that egress windows would need to be installed in the basement ifbedrooms would be constructed. However, Mr. Greive further explained that it would be in violation to construct additional living quarters in the basement. Mayor Torgerson noted that the Council could not deny an application if it is not in violation 2 CITY COUNCIL MINUTES - FEBRUARY 26, 2002 of City Ordinance. Mayor Torgerson also noted that he had received a phone call expressing opposition to this variance application. Jim Haugen read letters opposing the approval of these variance requests. Ms. Wischnack eXplained that the revised resolution has attempted to address concerns raised by concerned area residents. Ms. Wischnack also offered that the Council does have the authority to table this item until March 12,2002, for further research to be conducted. John Mlinar expressed that he feels one ofthe major concerns/issues is in relation to parking availability. Ms. Wi schnack explained that there is ample parking space between the garages and the public right-of-way for one-car length. Jim Haugen noted that the existing foundation and the proposed construction meet all setback requirements. This is a larger than normal lot that is being requested, yet the structure is shorter than what is typically allowed. Mayor Torgerson expressed that he feels it appears that the main issue here is Mr. Hamilton not being a "good neighbor". This would not be a stable reason to deny the variances. Duane Hoversten noted that he was made aware of construction being done before variances being approved. Ms. Wi schnack explained that Mr. Hamilton had a permit to demolish and cap the existing foundation. Further work was done in excess of the capping and the Building Official informed Mr. Hamilton that he had to cease work on the structure, and Mr. Hamilton complied. Ms. Wi schnack explained that there is adequate space for at least six vehicles to park around the structure. Ms. Wischnack also explained that there is adequate parking between the alley and the existing garage as well. The current parking availability does comply with the current ordinance. Nancy Murphy, 570 Brown Street, addressed the Council. Ms. Murphy questioned the lot size requirement of 5000 sq. ft. for more than one unit. Ms. Murphy has issues with the size of the proposed structure. She feels that the replaced structure should be the same type of dwelling that was removed. Ms. Wischnack stated that, in 1997, the lot size requirement was changed. She noted that the information she was able to obtain showed that the Planning Commission surveyed surrounding communities and the area lot ranges were from 4000 - 6000 square feet. Jeff Hamilton, applicant, addressed the Council. Mr. Hamilton stated that he is not asking for anything above and beyond current city regulations. He feels that most ofthe complaints have to do more with personal issues and not the structure itself. Marc Sebora, City Attorney, explained that the main issue for the Council to consider is whether or not a hardship exists. Mr. Sebora stated this area is zoned for this type of structure. Lorie Loomis, 626 Brown Street, addressed the Council. Ms. Loomis raised issues regarding the architecture of the proposed structure. She does not feel that the proposed structure will "fit in" with the current structures. Ms. Loomis asked the Council if they would like a structure of that size next to their house. Marlin Torgerson stated that whether or not a Councilmember would "like it" does not constitute justification for denial. Motion by Peterson, second by Mlinar to table this item until March 12,2002 - parking, drainage, design and hardship issues will be further researched. Motion carried unanimously. Jim Haugen noted that the only variance that would be required for a single-family dwelling 3 CITY COUNCIL MINUTES - FEBRUARY 26, 2002 ~pplication would be for the yard setbacks, however the size of the structure would not be at issue. 5. PUBLIC HEARING - 6:00 P.M. - NONE 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REQUEST TO OPEN SHOOTING RANGE FOR 4-H GROUP Bob Schlueter, resident of Hutchinson, requested of the Council the ability to operate a shooting range in the basement of a building downtown for a 4-H group. Mr. Schlueter explained that he has addressed all safety issues and building regulations. Mr. Schlueter also noted that he had spoken to the police department regarding this issue, and they requested that Mr. Schlueter acquire City Council approval, due to City Ordinance banning shooting within city limits. Mr. Schlueter further explained that fire-armed trained, adult supervisors would be required to be in attendance at all times when shooting is taking place. John Mlinar feels that a policy needs to be established to address various issues. Jim Haugen stated that he had spoken with Police Chief Madson who has no issues with this request, other than the fact that it violates current City Code. Marc Sebora, City Attorney, stated that city ordinance defines BB guns as firearms. Kay Peterson requested that the City Attorney draft an ordinance/policy to address these issues for groups/programs such as 4-H. (b) E-DEMOCRACY PRESENTATION Tom Kloss, Director of Information Technology, addressed the Council. He stated that Council member Haugen had requested Mr. Kloss research the possibility of an e-democracy web site to provide civic information. Mr. Kloss researched other city's sites and shared his findings with the Council. This web site will also be used as a "bulletin board" type for concerned citizens that city officials and staff could review and respond to. This web site is being considered for sponsorship by the Hutchinson Leader. The City will not be sponsoring this site. (c) UPDATE ON EVENT CENTER An update will be given at the March 26, 2002 meeting. 7. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATION OF JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA AND CONSIDERATION OF ENTERING INTO AGREEMENT WITH CONSULTING FIRM John Rodeberg, Director of Engineering /Public Works, explained that the City of Hutchinson is requesting from the MPCA that the old city dump site be used as a public safety training site. The MPCA is in favor ofthe City of Hutchinson leading Phase II ofthe environmental review of the site. Two consultants are being considered for this proj ect. Mr. Rodeberg will seek the MPCA's approval of which consultant to use. Motion by Hoversten, second by Peterson, to approve Joint Powers Agreement with the State of Minnesota. Motion carried unanimously. Motion by Haugen, second by Peterson to negotiate and enter into an agreement with the chosen consulting firm. Motion carried unanimously. (b) CONSIDERATION OF SETTING BOARD OF EQUALIZATION MEETING FOR MAY 4 CITY COUNCIL MINUTES - FEBRUARY 26, 2002 9,2002, AT 4:30 P.M. Motion by Peterson, second by Hoversten, to set Board of Equalization Meeting for May 9, 2002, at 4:30 p.m. at the City Center. Motion carried unanimously. John Mlinar proposed that this meeting be televised. Mr. Mlinar explained that the County Assessor is in attendance and it is in an opportune time for citizens to bring forth questions regarding their tax statements. (c) CONSIDERATION FOR APPROVAL OF 2002 COMPREHENSIVE PLAN Julie Wischnack, Director of Planning/Zoning/Building, explained to the Council that Open Houses were held last week and that the final approval will be requested in March. No action is required tonight. Maps will be provided to the townships for them to in turn provide to their residents. John Mlinar requested that a presentation be made at the March 12,2002, Council meeting. (d) CONSIDERATION OF ORDINANCE NO. 01-304 AMENDING CHAPTER 11 (ZONING ORDINANCE) ADDING LANGUAGE FOR A NEW ZONING DISTRICT NAMED "GATEWAY ZONING DISTRICT" (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 12, 2002) Julie Wischnack, Director of Planning/Zoning/Building, addressed the Council with the proposed ordinance. This ordinance pertains to the newly annexed area along Highway 7 East. Ms. Wischnack requested any comments from the Council regarding the ordinance. Duane Hoversten thanked staff and landowners for the hard work spent on this issue. Mr. Hoversten stated that the goal of this ordinance is to provide tools and specifications for businesses in gateway areas to conform to and "look good", yet not apply financial hardships to business owners to comply. Mayor Torgerson noted that this is not a new ordinance in general. This type of ordinance is in place in many communities, yet it is a new requirement for Hutchinson. John Mlinar commented on the requirement of no parking on the side of Highway 7. Ms. Wischnack explained that a revision has been made to the proposed ordinance stating that a deviation from this parking request needs to be approved by the Planning Commission. Ms. Wischnack reminded the Council that this issue originated from the question of what types of businesses should be allowed in areas without water/sewer service. Motion by Mlinar, second by Hoversten, to defer this item to March 12, 2002. Motion carried unanimously. (e) CONSIDERATIONFORAPPROV AL OF CHANGE ORDERNO. 3 FOR HUTCHINSON EVENTS CENTER Motion by Mlinar, second by Peterson, to approve Change Order No.3 for Hutchinson Events Center. Motion carried unanimously. (f) CONSIDERATION FOR SETTING COUNCIL WORKSHOP ON MARCH 26, 2002, AT 4:00 P.M. TO DISCUSS HDR WATER PLANT STUDY John Rodeberg noted that there are various items for presentation on March 26,2002. Julie Wi schnack offered to present the Comprehensive Plan on March 12,2002. Motion by Peterson, second by Mlinar, to set council workshop for March 26,2002, at 4:00 p.m. to discuss HDR water treatment plant study. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS 5 CITY COUNCIL MINUTES - FEBRUARY 26, 2002 John Mlinar - April 1 will be the approval date for the Highway 22 Bypass Resolution. The February 12,2002, Council minutes should reflect this date. Mr. Mlinar also noted that he had attended an open forum at Ridgewater College where the Chancellor delivered a presentation. Mr. Mlinar presented to the Chancellor a key to the city. Gary Plotz - Gary Plotz briefed the Council on the very informative trip to Chicago, Illinois to review a bagging facility. Mayor Torgerson, Randy DeVries, Doug Johnson and Gary Plotz traveled to Chicago to review the equipment and methods used of a bagging plant and to review how Hutchinson can possibly operate a similar-type plant. A presentation will be made in April regarding the Compost Site. John Rodeberg - Mr. Rodeberg requested that a change order be approved for a reduction in the cost of paving the parking lot on Hassan Street (lot behind 101 Park Place). Motion by Peterson, second by Haugen to approve Change Order No.1. Mr. Rodeberg informed the Council that work is going to be conducted at the dam located along Main Street. The DNR is in support of the work being proposed by the City. The Annual Contractors meeting was held this morning. Rate changes, building permits, etc. were discussed at this meeting. It was a very positive meeting. Marlin Torgerson - Mayor Torgerson commented on the amount of information that was received at the plant that was visited in Chicago. The company will be very helpful in the progression of Hutchinson's compost site. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Mlinar, to approve and authorize payment of V erified Claims A from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 7: 10 p.m. 6