12-16-2003 PCM
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, December 16, 2003
Hutchinson City Council Chambers
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with
the following members present: Brandon Fraser, Jim Haugen, Lynn Otteson,
Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff.
Absent: None Also present: Julie Wischnack, AICP, Planning Director, Marc
Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated November 18, 2003
Mr. Hantge questioned the wording in two areas of the minutes. Ms.
Baumetz will listen to the taped minutes and make the changes. Mr.
Hantge moved to defer the action on the minutes until the next meeting
to provide time to review the revised minutes. Seconded by Mr. Flaata.
The motion carried.
3. PUBLIC HEARINGS
a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
OUR SAVIOR'S LUTHERAN CHURCH TO CHANGE USE OF EXISTING
PARSONAGE TO A CHURCH OPERATED CHILD CARE FACILITY
LOCATED AT 810 BLUFF ST NE
Ms. Wischnack stated the applicant would request to delay action on the
submittal. She explained there are some building code related concerns.
The church will review the concerns which include accessibility and fire
code.
Mr. Haugen moved to table the hearing to the January 20, 2004 meeting.
Seconded by Ms. Otteson. The motion carried unanimously.
b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
RED MCMONAGLE TO RESTORE THE STATE THEATER SIGN TO
ORIGINAL LOOK PROJECTING ABOVE THE ROOF LOCATED AT 35
WASHINGTON AVE
Chairman Kirchoff opened the hearing at 5:44 p.m. with the reading of
publication #7129 as published in the Hutchinson Leader on December 4,
2003.
Minutes
Planning Commission - December 16, 2003
Page 2
Ms. Wischnack commented on the request and stated the restored tower
will not be as tall as the original. There were pictures presented of the
theater in the past, present and future. Ms. Wischnack stated the
marquee will project over the right of way and must be at least 8 feet from
the sidewalk. The ticket booth proposed to protrude into the right of way
will require a franchise agreement with the city.
Ms. Wischnack commented on the following staff recommendations:
1. Any encroachment into the right of way at grade level
must be reviewed through the franchise process.
2. The marquee and design of the signage must follow
the drawings submitted with the application dated
11/17/03.
3. The projection shall be reviewed for building code
compliance to ensure safety of the structure.
Discussion followed on flashing lights on the signs. Flashing lights are
prohibited in the City.
Mr. Hantge made a motion to close the hearing. Seconded by Mr.
Currimbhoy. The hearing closed at 5:50 p.m. Ms. Otteson made a motion
to recommend approval of the request with staff recommendations and
the addition of a fourth recommendation stating "no flashing lights are
allowed on the building or marquee". Seconded by Mr. Flaata. The
motion carried unanimously. Ms. Wischnack stated this item will be
placed on the City Council agenda at their meeting held December 23,
2003 in the Council Chambers at 5:30 p.m.
4. NEW BUSINESS
a) DISCUSSION OF NOTICE FROM HENNEPIN COUNTY REGIONAL
RAIL AUTHORITY REGARDING EXEMPT ABANDONMENT IN
MCLEOD, CARVER AND HENNEPIN COUNTIES
John Rodeberg, Director of Engineering, commented on tbhe
abandonment of the rail road line. He explained the line was purchased
by Hennepin County. He commented on the notice of abandonment and
the letter from Atty. McGraw. He stated the motion should include
verbage from Atty. McGraw's letter 'to preserve as a future transportation
corridor" .
Mr. Rodeberg stated the removal of the tracks will be clarified. He
explained the McLeod County Rail Authority will own the main corridor
and the City will own the industrial area portion.
Mr. Hantge made a motion to approve the abandonment which is
consistent with our plans to have the corridor preserved as a future
transportation corridor. Seconded by Mr. Fraser. The motion carried
unanimously. This item will be placed on the City Council agenda for
their December 23,2003, meeting at 5:30 p.m.
Minutes
Planning Commission - December 16, 2003
Page 3
b) DISCUSSION OF NUISANCE ORDINANCE
Ms. Wischnack explained the City is in the process of codifying the City
Code. One of the sections deals with nuisances. She stated there are
three categories as follows: Health, Morals and Decency and Peace and
Safety. She explained the enforcement team was created to
communicate between departments in a more cohesive manner. Ms.
Wischnack pointed out the top nuisances as dogs, odor, weeds, junk,
property line disputes, noise, rental property and drainage. The section of
abating the enforcement was discussed. It was the consensus of the
planning commissioners the property owners should have the opportunity
to go to the City Council.
Ms. Wischnack stated she will rewrite the ordinance for review next
month.
Atty. Sebora stated there should be a definition of public nuisance and
define considerable number of the public.
c) EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY
MENARDS
Ms. Wischnack commented on a request by Menards to extend their
Conditional Use Permit to February, 2005. She reminded the Planning
Commissioners of the original request for and new entrance and a pole
type storage area on the south side of the lot. She stated the staff has no
concerns with the extension.
Mr. Hantge made a motion to recommend approval of the request.
Seconded by Mr. Currimbhoy. The motion carried unanimously. Noting
Ms. Otteson was not present.
d) DISCUSSION OF LETTER FROM ORLlN HENKE REGARDING
NEIGHBORING SNOW FENCE
Ms. Wischnack commented on the letter from Mr. Henke, 410 School Rd
N. She explained the steps taken by staff regarding the snow fence put
up by the property owners at 400 School Rd. N. It was the consensus of
the Planning Commission to forward the item to the City Council for their
decision on the matter.
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
a) Tour and Joint Meeting with City Council - ??Wednesday, January 28,
2004 - 3:30 p.m. to 6:00 p.m. ??
Ms. Wischnack stated the meeting will be public noticed. She asked the
Commissioners to call with ideas for the tour. The agenda will be in the
January 20 packet.
Minutes
Planning Commission - December 16, 2003
Page 4
7. ADJOURNMENT
There being no further the meeting adjourned at 6:45 p.m.