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03-12-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL MARCH 12, 2002 1. CALL TO ORDER - 5:30 P.M. Vice President Mlmar called the meeting to order. Council Members present were Jim Haugen, Kay Peterson and Duane Hoversten. Member absent was Mayor Marlin Torgerson. Also present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Rev. Brian Brosz, of Congregational UCC Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF FEBRUARY 26,2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2002 2. HUTCHINSON POLICE COMMISSION MINUTES FROM AUGUST 16,2001 3. HUTCHINSON PUBLIC LIBRARY BOARD MINUTS FROM JANUARY 28,2002 4. BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2002 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11884 - A RESOLUTION ENDORSING THE VISION AND CORRIDOR MANAGEMENT PLAN FOR HIGHWAY 212 2. RESOLUTION NO. 11885 - A RESOLUTION AUTHORIZING THE OPERATION OF A SHOOTING RANGE FOR THE 4-H CLUB 3. RESOLUTION NO. 11886 - A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO CONTRACT WITH STATE OF MINNESOTA 4. RESOLUTION NO. 11889 - A RESOLUTION FOR PURCHASE OF TABLES, CHAIRS, PORTABLE STAGE AND ACCESSORIES FOR HUTCHINSON EVENT CENTER 5. RESOLUTION NO. 11890 - A RESOLUTION ACCEPTING PLEDGED SECURITIES FROM FIRST MINNESOTA BANK ( c) CONSIDERATION FORAPPROV AL OF MASSAGE LICENSES FOR GENESIS SALON AND HUTCHINSON THERAPEUTIC AND MASSAGE CENTER (d) CONSIDERATION FOR APPROVAL OF RENEWAL OF CONSUMPTION & DISPLAY PERMIT FOR LITTLE CROW BOWLING LANES (e) CONSIDERATION FOR OUT-OF-STATE TRAVEL FOR CHRISTIE ROCK TO ATTEND THE NATIONAL AMERICAN PLANNING ASSOCIATION CONFERENCE IN CHICAGO, ILLINOIS FROM APRIL 13 - 17,2002 (f) CONSIDERATION FOR OUT-OF-STATE TRAVEL FOR CHRIS DOBRATZ TO ATTEND THE FORENSIC ASSOCIATION OF COMPUTER TECHNICIANS IN DES CITY COUNCIL MINUTES - MARCH 12, 2002 MOINES, IOWA FROM APRIL 8 - 12, 2002 (g) CONSIDERATION FORAPPROV AL OF ENTERING INTO LEASE AGREEMENT FOR A MULCH COLORIZER FOR CREEKSIDE SOILS (h) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 11891 AND 11892 - ORDERING PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO.3 (PROJECT NO. 02-04, 02-05 AND 02-06) (i) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 11893 AND 11894 - ORDERING PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO.4 (PROJECT NO. 02-07, 02-08, 02-09, 02-13 AND 02-14) (j) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 11895 AND 11896 - ORDERING PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO.5 (PROJECT NO. 02-10, 02-11 AND 02-12) Item 4 (b) 1 and (g) were pulled for further discussion Motion by Peterson, second by Hoversten, to approve consent agenda excluding Items 4(b) 1 and (g). Motion carried unanimously. John Rodeberg, Director of Engineering/Public Works, explained that this resolution presented is to pledge Hutchinson's support ofthe Highway 212 Corridor Management Plan. A representative from MnDOT spoke before the Council and explained that the final phases are being completed for this project. The representative highlighted the outcomes of the Corridor Management Plan. A section of this corridor will be converted into a freeway as well as have upgrades along the highway. The resolution that is being requested for adoption will be part ofthe actual Corridor Management Plan documentation. Year 2025 is the projected completion date of the entire project. Motion by Haugen, second by Peterson to approve Resolution No. 11884. Motion carried unanimously. Gary Plotz, City Administrator, explained the 12-month pro forma for bulk sales of colored mulch. The City currently receives more than 1600 yards of wood per year. The Compost Site charges approximately $6800 to receive wood in. The wood is then turned into mulch at which profit has been approximately $43,000.00. The machine that is being proposed is used and comes with a conveyor system. Mr. Plotz disbursed a brochure that will be distributed to surrounding communities marketing colored mulch as a product of the compost site. Randy DeVries explained that the machine being proposed will also break down peat for potting soil, in addition to being used for colorizmg mulch. Motion by Hoversten, second by Haugen to approve the leasing of a mulch colorizer. Motion carried unanimously. 5. PUBLIC HEARING - 6:00 P.M. (a) CONSIDERATION FOR ORDINANCE NO. 02-307, AMENDING SECTION 4.01 OF THE HUTCHINSON CITY CODE REGARDING BUILDING CODE Julie Wischnack, Director of Planning/Zoning/Building explained that this is an annual 2 CITY COUNCIL MINUTES - MARCH 12, 2002 update and to ensure that all codes are in place that are being enforced in the field. Bill Gilk, 1014 Prairie View Drive SW, presented before the Council. Mr. Gilk explained that a letter was distributed to area contractors regarding WAC/SAC increases in new developments. Mr. Gilk asked the Council the proper procedure to address the increase in rates. John Rodeberg noted that WAC/SAC fees would be increased to $1900.00. Mr. Rodeberg eXplained that changes in rates are reducedlincreased by resolution and does not require a public hearing. Bill Gilk explained that rates have jumped from $1000 to $1750 and now $1900. He has concerns that the procedure be modified and that this issue be addressed. Motion by Peterson, second by Hoversten to close the public hearing. Motion carried unanimously. Motion by Haugen, second by Peterson to approve Ordinance No. 02-307. Motion carried unanimously. 6. COMMUNICATIONS. REQUESTS AND PETITIONS 7. UNFINISHED BUSINESS (a) 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) Julie Wischnack, Director of Planning/Zoning/Building, addressed issues regarding modifications of parking, drainage and size of the structure. A swale will be installed for drainage. Six parking spaces will be available on the lot for vehicles. The structure has been modified to a story and a half structure with additional dormers. Hardship issues were identified as well. Ms. Wischnack informed the Council that her staff was notified today that block was being laid unauthorized at this address. The Building Official instructed the contractor to stop work, which with the contractor complied. Ms. Wischnack explained that the front yard setback and side yard setbacks are required for either a single-home dwelling or a duplex. Ms. Wischnack explained that a revised resolution has been created to approve the two variances for the front and side yard setbacks, yet denying the duplex variance. Marc Sebora, City Attorney, noted that a petition had been circulated by residents in this area requesting that the duplex variance be denied, and according to City Code a 4-0 vote must be made to override the decision of the Planning Commission. Motion by Hoversten, second by Peterson, to approve the first two variances for setbacks and deny the variance for a duplex. Jim Haugen noted that the Planning Commission held more weight on the fact that the previous structure was used as a duplex. Duane Hoversten commented that City Council should not portray that they condone property owners using properties for unintended uses. Motion carried unanimously. (b) ORDINANCE NO. 01-304 - AN ORDINANCE AMENDING CHAPTER 11 ADDING LANGUAGE FOR A NEW ZONING DISTRICT NAMED "GATEWAY ZONING DISTRICT" (SECOND READING AND ADOPTION) 3 CITY COUNCIL MINUTES - MARCH 12, 2002 Julie Wischnack, Director of Planning/Zoning/ Building, explained the changes made to the ordinance as requested by the Council at the previous meeting. Changes were made regarding front yard setbacks, parking and signage. Jim Heikes, property owner, presented before the Council. Mr. Heikes requested that the word "minimum" be included in the section relating to the front yard setbacks (i.e. minimum of a thirty foot front yard setback). Ms. Wischnack agreed that this wording can be added to the section. Ms. Wischnack further explained revisions made to the proposed ordinance regarding permitted signs. Language can be added to define pole or pylon signs. Bob Wier, Yamaha MotorSports, presented before the Council. Mr. Wier was in favor ofthe options that were presented in the revised ordinance. However, he made note that additional expenses were incurred to Yamaha's building plans due to the new ordinance regulations. Mr. Wier requests that the options are adopted as part of the Gateway Ordinance. The biggest opposition Mr. Wier has to the ordinance is the landscaping requirements. Ms. Wischnack explained that there is room for flexibility regarding landscaping and will be addressed on a case by case basis in working with the City Forester. Negotiations will be attempted with each application. Ms. Wischnack further explained that this ordinance allows for room for negotiation in all cases, whether it be cost of the structure, landscaping, etc. Fred Seltz" property owner in the Gateway District, presented before the Council. Mr. Seltz commented that Walmart is a block building, Menards is a a pole shed building and now requirements are being made for the east end of the city that would initially not allow these types of buildings. Mr. Seltz also has issues with his undeveloped property as far as mowing and landscaping and the requirement in the ordinance that states all land must be maintained. Ms. Wi schnack explained that undeveloped land needs to be maintained in some fashion, whether it is grass (must be mowed) or a farm crop. Jay Blake, consultant regarding the Comprehensive Plan, presented before the Council. Mr. Blake explained the goal of an ordinance such as the Gateway District Ordinance is to improve the look of areas, which would include all gateway entrances to the city. Mr. Haugen requested Mr. Blake comment on signage. Mr. Blake explained that pylon signs are generally the least expensive and require the least amount of maintenance. Mr. Blake further explained the most adherent issue should be the size and height ofthe sign. Also, the main issue is to keep the look of the sign unified. He felt that the main issue that should be addressed regarding signs should be the size and height and not so much emphasis put on the pedestal base. The Council was in favor of all of the options presented. Jim Heikes noted that he is uncomfortable with the fact that issues can be taken care of on a case by case basis. New staff, new ideas could change a lot of the facets of this ordinance if they are considered individually. Mr. Heikes also has additional issues with interior landscaping requirements (parking lot islands). Julie Wischnack explained that the requirements are not unreasonable for parking islands. The square footage listed is generally a small area. Jim Haugen requested that grass not be a requirement in the islands. He requested that mulch or rocks be an option in the center of islands. Bob Wier requested that these requirements be incorporated in the gateway areas north, 4 CITY COUNCIL MINUTES - MARCH 12, 2002 south and west of town. Ms. Wi schnack explained that requirements will need to be met in all gateway districts. Mr. Rodeberg noted that islands are in place in the Target area, by the Hutch Mall and Cash Wise, etc. The requirements are not as excessive as they seem. Mr. Wier also has issues with the perimeter landscaping requirements as well. Duane Hoversten noted that the Council is more than willing to work with small businesses to insure that both the needs of the city and the business owners will be met. Mr. Hoversten also noted that a starting place needs to be established and negotiations may be made. Motion by Hoversten, second by Haugen, to adopt changes made in the options of the Gateway Ordinance. Haugen - aye, Peterson - nay, Hoversten - aye, Mlinar- aye. Motion carried 3 to 1. 8. NEW BUSINESS (a) CONSIDERATION FOR APPROV AL OF CAPITAL EXPENDITURE OF RURAL-CITY SHARED FIRE PICK-UP TRUCK Brad Emans, Fire Chief, requested that a 1982 pick-up truck be replaced. The town board voted to replace this pick-up and pay for the entire cost of the truck and request that the city repay the second half of the truck in 2003. Duane Hoversten asked Ken Merrill whether or not it would be out of bounds to purchase the pick-up at this time. Mr. Merrill explained that this item was budgeted for and that funds will be available. In order to receive it at the time of need, it must be ordered now. Mr. Emans explained that the truck will be available in June of 2002. Motion by Peterson, second by Hoversten, to approve the capital expenditure of rural-city fire pick-up truck. Motion carried unanimously. Fire Chief Emans informed the Council that a committee has been formed within the Fire Department to review/evaluate safety issues within the community. 3M has also been working on a similar effort and is working jointly with the fire department on smoke detectors/alarms giveaways. (b) CONSIDERATION OF ORDINANCE NO. 02-308 AMENDING HUTCHINSON CITY ORDINANCE SECTION 10.47 TO INCLUDE PROVISIONS FOR THE LICENSING OF EXCAVATORS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 26, 2002) Marc Sebora, City Attorney, explained that the Utilities Commission requested that due to the amount of excavators intentionally interrupting services, it was recommended that an annual license be obtained by contractors performing excavation work. This license may require contractors posting bonds for excavation work as well. This license will pose restrictions on contractors to prevent these types of interruptions from occurring. John Rodeberg stated that this ordinance covers plumbers, landscapers, etc. The licensing would be issued as an additional license to a contractor's permit. Ms. Wischnack noted that an excavation permit is required from her department for activities such as digging ground for a garage. Motion by Hoversten, second by Haugen, to defer first reading for March 26, 2002. Motion carried unanimously. (c) CONSIDERATION OF ORDINANCE NO. 02-309 AMENDING HUTCHINSON CITY 5 CITY COUNCIL MINUTES - MARCH 12, 2002 ORDINANCE SECTION 5.41 PERTAINING TO LIQUOR SALES AT SPORTS, CONVENTION OR CULTURAL FACILITIES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR MARCH 26, 2002) Marc Sebora, City Attorney, stated that a Hutchinson ordinance already exists pertaining to liquor sales at these specific events. Minor language revisions have been made. Motion by Hoversten, second by Peterson to set second reading for March 26,2002. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF COMPREHENSIVE PLAN Jay Blake, planning consultant, presented before the Council. Mr. Blake stated that housing, economic development, land use and parks and recreation were areas that were reviewed when developing the plan. Mr. Blake stated that the Comprehensive Plan is a guide to aid in decisions regardmg undertaking new projects. This Plan will need to be updated as projects are completed and new ones are undertaken. A major note was the overwhelming cooperation between townships and the City of Hutchinson. Mr. Blake hopes that other communities model themselves after the Hutchinson Plan. Ms. Wi schnack explained that this plan will be continually updated and added to as projects are completed. Ms. Wischnack also informed the Council that an option for individuals to purchase will be via CD, a very affordable option. Motion by Peterson, second by Haugen, to approve the Comprehensive Plan with much gratitude and accolades to the consultant and staff. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ORDERING AN ALTERNATIVE URBAN AREA REVIEW FOR THE CITY OF HUTCHINSON John Rodeberg noted that this review allows for one large environmental study for the community, as opposed to an individual basis. This will need to be updated as changes are made. Motion by Peterson, second by Hoversten, to approve the Alternative Urban Area Review. Jim Haugen questioned whether or not this item was budgeted for. John Rodeberg noted that this is budgeted for each year. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinar noted that Kmart will be closing and many employees will be impacted. Gary Plotz - Mr. Plotz thanked the Council for allowing him and Randy DeVries the opportunity to attend the BioCycle in San Francisco. This trip allowed much educational information to them in the area of mulch and other compost material. Mr. Plotz also informed the Council that a leachate program is being recommended by the County and not a bioreactor project. No water will be added to the process. These are not bireactor projects. A public meeting will be held before it moves forward. John Rodeberg - Mr. Rodeberg noted that McLeod Country approved the project with SEH. Mr. Rodeberg also proposed that Barr Engineering be approved to work on the old dump site. 6 CITY COUNCIL MINUTES - MARCH 12, 2002 Motion by Peterson, second by Hoversten to accept contract with Barr Engineering on the old dump site. The cost will not exceed $50,000 and MPCA will pick up the entire cost. Motion carried unanimously. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson, with Hoversten abstaining to approve and authorize payment ofVenfied Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Hoversten, second by Haugen, to approve and authorize payment of V erified Claims B from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 8:00 p.m. 7