12-21-2004 PCM
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, December 21,2004
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: Jim Haugen, Mike Flaata, Farid Currimbhoy,
Robert Hantge and Chairman Kirchoff. Absent: Lynn Otteson and Brandon
Fraser Also present: Julie Wischnack, AICP, Planning Director, Kent Exner,
City Engineer and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated November 16,2004
Mr. Hantge moved to approve the minutes of November 16, 2004 as
submitted. Seconded by Mr. Flaata. The minutes were approved
unanimously.
3. PUBLIC HEARINGS
a) RECONSIDERATION OF CONDITIONAL USE PERMIT GRANTED TO
STEARNSWOOD REGARDING PAVING OF ACCESS AREAS
Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of
publication #7279 as published in the Hutchinson Leader on December 9,
2004.
Mr. Hantge questioned the need for a public hearing on enforcement
issues.
Ms. Wischnack explained the past reconsideration of non-compliance
issues and amending the Conditional Use Permit. Mr. Hantge stated he
did not think the Planning Commission should be dealing with
enforcements issues.
Discussion followed on the temporary permit issued.
Ms. Wischnack commented on the options of enforcement which would
include review by the Planning Commission and Council and/or the City
Attorney. She explained the Planning Commission could amend the
Conditional Use Permit to extend the time line for the paving to June 30,
2005.
Mr. Stearns, property owner, commented on the major problem of paving.
He stated he has scheduled a contractor for the paving. He explained the
problems with the ground and the need for the ground to settle before
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Planning Commission - December 21, 2004
Page 2
paving. Mr. Stearns stated he has be bid from the contractor which is
$17,000.
Discussion followed on the extension of the requirement in the previous
Conditional Use Permit. Mr. Stearns stated he would like an extension of
the requirement to June 30, 2005. He presented the contractor's
estimate and a drawing of the scope of work. Discussion followed on the
Planning Commission review of non-compliance issues.
Mr. Flaata made a motion to close the hearing. Seconded by Mr. Haugen
the hearing closed at 5:50 p.m. Mr. Flaata made a motion to recommend
approval of the request to extend the requirement to June 30, 2005.
Seconded by Mr. Haugen. The motion carried with Mr. Hantge voting nay.
Ms. Wischnack stated this item will be placed on the City Council regular
agenda at their meeting held December 28, 2004 in the Council
Chambers at 5:30 p.m.
4. NEW BUSINESS
a) CONSIDERATION OF LOT SPLITS LOCATED AT 230 AND 245
OTTAWA AVE. S.E. SUBMITTED BY PAUL BETKER
Ms. Wischnack explained the request being the same as last month only
different lots. She stated all the requirements were met and commented
on the conditions requested by staff as follows:
1. The applicant/owner is responsible for filing all appropriate
deeds and recording of the lot splits.
2. All assessments will be split according to the document
provided November 5, 2004 (indicates a 50/50 split).
Ms. Wischnack reported a variance was granted for lot coverage.
Mr. Flaata made a motion to recommend approval of the lot splits with
staff recommendations. Seconded by Mr. Haugen. The motion carried
unanimously. Ms. Wischnack stated this item will be forwarded to the
City Council consent agenda for the meeting to be held at 5:30 p.m. on
December 28. 2004.
b) PRESENTATION OF THE WELLHEAD PROTECTION PLAN
Ms. Wischnack commented on the committee formed to draft a Wellhead
Protection Plan. Dick Nagy, Water Systems Supervisor, explained the
plan is required by the MN Dept. of Health. He reported the first phase is
completed and the second phase is more complicated. He explained the
plan is required for the protection of the city water supply. Ms. Wischnack
summarized the plan and explained they utilized information from the
State of MN. The City must verify the wells in operation and abandoned.
Mr. Nagy stated the City hired a consultant to identify the well
management area. They have determined there is a non-vulnerable
aquifer in this area. He stated Planning and Zoning will control or police
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Planning Commission - December 21, 2004
Page 3
the plan. He commented on the map showing the size of the aquifer. He
explained accurate data was difficult to acquire. There will be a public
hearing on the plan.
Discussion followed on the sealing of abandoned wells. Ms. Wischnack
stated this is a nonfunded mandate from the State. She commented on
the possibility of and overlay zoning ordinance for the City and Joint
Planning area.
c) DISCUSSION OF PAVED PARKING REQUIREMENT
Ms. Wischnack explained the present paving requirement at the time of
sale or permit application. She commented on the recent requests which
triggered the paving requirement. She explained the staff consensus was
to leave the ordinance as it is and to identify the properties in
noncompliance. She stated there should be communication with the
realtors and property owners regarding the requirement. She stated she
used cost estimates as used at Creek Side.
Mr. Exner stated the minimum extent of paving is required.
Ms. Wischnack stated the cost runs around $10,000 according to the sq.
ft. costs at Creek Side.
Mr. Exner stated the ordinance allows a 2 inch depth. He stated the
compost facility is 3 inches. The key is what is underneath.
Discussion followed on the MPCA stormwater management
requirements.
Mr. Hantge stated he would rather have property owners attend their
public hearing than the applicant who is renting. Ms. Wischnack stated a
note can be added to the application stating the property owner must be
present at the public hearing.
Discussion followed on the present paving ordinance. Chairman Kirchoff
stated the present ordinance is acceptable. Enforcement of the
ordinance should be defined and possibly go to the council directly. It
was the consensus of the Planning Commission to leave the ordinance as
is. Mr. Hantge stated it would be a good idea to inform realtors and have
the information at the closing.
Ms. Wischnack stated the assessment search would be a good way to
inform the property owner. She commented on using the web site. She
stated she will provide an inventory of properties involved for the Planning
Commission.
d) DISCUSS TOUR AND JOINT MEETING WITH CITY COUNCIL
Ms. Wischnack stated there will be a joint Hwy 7 work session with the
Council on January 18, 2005 at 4:15 p.m. She reported a February joint
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Planning Commission - December 21, 2004
Page 4
meeting with the City Council will be held and the Council will chose a
date. She explained the Planning Commission should present a list of
discussion items with the Council.
5. OLD BUSINESS
Ms. Wischnack stated there is a plan of action from the property owner on
the 2nd Ave. dilapidated garage.
6. COMMUNICATION FROM STAFF
Ms. Wischnack commented on the agenda items for next month which
will include the Water Treatment Plant Conditional Use Permit for their
expansion project.
7. ADJOURNMENT
There being no further the meeting adjourned at 6:45 p.m.