cp09-15-1993 cL�
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M E M O R A N D U M
SPECIAL CITY COUNCIL MEETING
September 15, 1993
Mayor Paul L. Ackland has called a special meeting of the
Hutchinson City Council for Wednesday, September 22, 1993, at 7:30
P.M. in the Council Chambers of City Hall.
The purpose of the meeting is to consider a request for a time
extension of a previously approved Conditional Use Permit issued on
March 23, 1993 to McLeod County.
Paul L. Ackland
Mayor
/mjs
• City Hall Parks & Recreation
37 Washington Avenue West 900 Harrington Street
(612) 587 -5151 (612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on wcycled paper -
Police Department
10 Franklin Street South
(612) 587 -2242
CSI
M E M O R A N D U M
DATE: September 22, 1993
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT
REQUESTED BY MCLEOD COUNTY FOR CONSTRUCTION OF HOUSEHOLD
HAZARDOUS WASTE FACILITY
After much discussion the Planning Commission recommended to
approve the extension of the conditional use permit requested.
is
• City Hall Parks & Recreation Police Departinent
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
- Printed on recycled paper -
nAVm B. ARxoLa.
• UAAT D. MCDOWRL
STEVEN A. ANDERSON
O. RABAT ANDERSON
STEVEN S. HOOE
LAVRA E. PRETEND
DAVID A. BRUEOOEMANN
PAUL D. DOVE -
JOSEPH N. PAIEMENTI
RICHARD O. MCOEE
CATHRYN D.REHER
OINA N. RHANDT
BRETT D. AHNOLD
1 AliO aD %]TI'ED IN TEES .. NEW TORE
�A1S0 AD%IT7ED IN WIS SIN
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September 16, 1993
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
5881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 56418 -149P
Gary D. Plotz
Hutchinson City Administrator
37 Washington Ave. W.
Hutchinson, MN 55350
(6121545-9000
HN TOLL FREE 600 -3 -4546
FAX 162:1 646 -1193
RE: Conditional Use Permit - Household Hazardous Waste
Our File No. 3188 -87001
Dear Gary:
OP COU%f!L
NICELY N. CAHEHON
RATHOND C. CALCIFY
601 SOUTH FOURTH STREET
PRINCETON, HDRNESOTA 66371
16HD 369 -2214
FAX 16181 389 -6606
101 PARE PLACE
HUTCHINSON, MINNESOTA 66360
16121 667 -7576
FAX 16121 587 -4096
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SEP1993
RECEIVED
er
At your request, I have reviewed Minn. Stat. §462.357 and Minn. Stat. §462.3595. As to the
subject of conditional use permits, the duration is specifically set by statute in the sense that
it defers on this issue to local choice:
A conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, but nothing in this section shall prevent a municipality from
enacting or amending official controls to change the status of conditional uses.
Minn. Stat. §462.3595 (1993).
Further, with respect to notice, the only requirement is one of notice at the time of the original
hearing to all property owners within 350 feet of the property. The statute also specifically
observes "the failure to give mailed notice to individual property owners, or defects in the
notice shall not invalidate the proceedings, provided a bonified attempt to comply with this
subdivision has been made." Minn. Stat. §462.357 Subd. 3.
Under the circumstances, I believe it is appropriate to extend the permit in question by having
the matter considered by the Planning Commission and thereafter approved or disapproved by
the City Council, as is the normal City of Hutchinson procedure.
'CERTIFIED AS A CML TRIAL SPECIALIST BY THE MINNESOTA SPATE RAH ASSOCIATION
'CERTIFIED AS A REAL PROPEATT EM SPECIALIST BY THE MINNESOTA STATE RAR ASSOCIATIDN
Gary D. Plotz
September 16, 1993
Page 2
If you need additional information or have questions, please do not hesitate to contact me.
Very truly yours,
ARNOLD & McDOWELL
'2f• 4.�
G. Barry Andersda/
GBA/pb
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Section 8.13
I/C District
• 8.13 I/C INDUSTRIAL /COMMERCIAL DISTRICT
PURPOSE
It is the purpose of the I/C District to allow for development of
areas where there is a transition in use occurring, but sites are
not available which would allow for compliance with other district
requirements. Industrial or Commercial development will be allowed
only as a Conditional Permitted use to (1) ease land use
transition, (2) control development so that it is compatible with
surrounding property, and (3) establish dimensional requirements on
an individual basis.
PERMITTED USES
There are no Permitted Principal Uses in the I/C District:
Any accessory use, building or structure customarily incidental
to a permitted conditional use listed below, and located on the
same lot therewith not to exceed 320 square
feet.
Parking and loading facilities, as regulated in Section 10.
Signs as regulated in Section 10.
• CONDITIONAL USES
Buildings or land may be used for the following if granted a
Conditional Use Permit, and provided further that any objectionable
features normally associated with these uses, such as those deemed
to be hazardous, offensive or objectionable by reason of odor,
dust, cinders, gas, fumes, noise, vibration, radiation, refuse
matter or water - carried waste, shall be ameliorated, controlled or
eliminated through design, mechanical devices, screen planting
and /or walls or other measures as specified by the Planning
Commission, and authorized that the use and its day to day activity
will not be unreasonably hazardous, noxious or offensive.
Trade and Services:
Any retail store, personal service or business service
establishments, subject to all regulations and such
permits and licenses as may be required by law,
including the following and other similar uses.
Automobile or trailer sales and service establishments
Building materials and hardware, retail sales /repairs
Business and professional offices.
Cultural, entertainment and recreational establishments
General merchandising, apparel and accessories and
establishments
Car wash operations, including automated lanes (See Section
• 10.03)
Catering establishments
Churches and houses of worship and related facilities
8 -33
Convenience
square feet
Dog kennels
Drive -In or
like.
Section 8.13
I/C District
goods and food shops, subject to a maximum of 5,000
of sales area.
Drive -Up restaurants, banking facilities, and the
Employment agencies
Furniture, home furnishing and equipment, sales and display
Hotels and motels
Manufacturing:
Any light manufacturing or process including repairs,
assembling, fabricating, altering, converting,
finishing, processing, treating, testing, packaging or
bottling, except any use or process herein after
specifically excluded or which would not be in keeping
with the purpose of the District as stated above. Such
determination shall be made by the Zoning Administrator
upon review of the building permit application.
Motor vehicle body shops
Post offices and other public service operations
Publishing, job printing, and blue printing
Nurseries, garden supply centers.
Restaurants
Service stations, automobile repair shops (See Section 10.05)
Taverns
Trade and business schools
Theaters
Warehousing, Storage and Wholesaling:
The storage, handling, assembly and distribution of
goods and materials for retail, wholesale or on -site
use. This does not include truck terminals, which are
not allowed in this District. Recyclable Materials
Collection Centers.
ACCESSORY USES
Any accessory use, building or structure customarily incidental to
a Permitted Principal Use and located on the same lot as the
Permitted Principal Use.
Parking and loading facilities as regulated by Section 10.
Signs as regulated by Section 10.
RECOMMENDED DIMENSIONAL GUIDELINES - Subject to building code
requirements
A. Setbacks (feet):
Principal or Accessory
Building Setback From:
Street Right -of -Way
30
Interior Lot Line
20
8 -34
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Many people do not realize that many commonly used household products often contain the same
chemicals as hazardous industrial wastes. If these materials are disposed of improperly (trash),
they can significantly damage environment by entering the drinking water. We have worked for
several years to plan the best possible program to collect and safely remove these materials from
the waste stream. After a great deal of research, a decision was made in late 1992 by the Solid
Waste Advisory Committee and the County Board that a year -round facility located at the new
county fair grounds provides the best possible program for the public.
THE MAJOR FUNCHONS OF THE HHW FACIH17Y WILL BE
•: Repackaging usable materials (paints, stains, and other material) for recycling.
Residents can have this material free of charge.
• • Bulking and packing unusable materials for shipment to approved HHW
reclamation or disposal facilities.
HOUSEHOLD HAZARDOUS WASTES TO BE ACCEPTED INCLUDE
(Materials are hazardous if they are flammable, corrosive, reactive or toxic.)
Latex or oil based paints and stains
Lead based paint
Unusable aerosols
Paint thinners and other household solvents
Paint strippers
Adhesives (Glues, rubber cement, putty, carpet adhesives)
Antifreeze
Household Cleaners (acidic, basic, and other)
Wood preservatives
Household and garden pesticides (herbicides, insecticides, fungicides, etc)
Household batteries
Used motor oil and lubricants'
Fluorescent light tubes'
isC to be collected in the future)
The proposed Mcleod County HHW Collection and Recycling Facility will g x accept chemical •
wastes from residences. NQ industrial wastes, explosives, or unknown materials will be accepted
at, this facility. Additionally, no processing (except packing_ or bulking for safe transport or
reuse), disposal, or incineration will be done at the facility.
Did you know that ...........
• When household chemicals are thrown in the trash they become a threat to trash
haulers and can cause safety and pollution problems at landfills, incinerators and
compost sites?
• When household chemicals are dumped on the ground they can seep down and
contaminate the groundwater?
• When househQld chemicals are poured down storm sewers they travel directly into
lakes and rivers without treatment?
• When many household chemicals are thrown in the sanitary sewer system they are
not be broken down by the wastewater treatment process and escape untreated into
lakes and rivers?
• Mixing some chemicals together can cause explosions? Also, chemicals stored for
a long period of time may deteriorate their containers, and the chemicals that leak •
can pose a fire hazard.
Managing Household Hazardous Wastes - What Ym Can Do.
• Conservative Shopping - Make sure you need a chemical before you buy one. Purchase
only the amount of product needed for the job at hand, and use up the chemicals you
have before buying more.
• Use Non - hazardous Alternatives - Many common kitchen ingredients such as vinegar and
baking soda can substitute for chemical cleaners.
• Give Left - overs Away - Instead of throwing away unwanted chemicals, try giving left
overs to neighbors, businesses, or bring them to a household hazardous waste collection
site.
• Recycle - Used motor oil and batteries are just a couple of recyclable household products
containing hazardous chemicals.
• Avoid Buying Aerosols - Buy pump sprays instead.
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HUTCHINSON PLANNING COMMISSION MINUTES
9/21/93
(e) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT
REQUESTED BY MCLEOD COUNTY FOR CONSTRUCTION OF
HOUSEHOLD HAZARDOUS WASTE FACILITY
City Administrator Gary Plotz explained the history of the conditional
use permit request and location of the facility. He explained the notification
requirement by the State and the property owners that originally were notified.
He commented on notification of property owners within 1000' as a courtesy
for this meeting. He also commented on a diagram of the facility and the
setbacks from the R -3 district.
County Zoning Administrator Ed Homan commented on the proposal applied
for in March. He stated there has been a delay in the building and bidding
process. Mr. Homan stated the building would be an architectural design and
a task force has been in place for 2 years researching the concept of the
facility. He presented pictures of the St. Cloud facility.
City Administrator Gary Plotz commented on the present zoning of the
property and allowable uses conditionally permitted in that zoning district.
• Mr. Butch Irvin, 400 Northwoods, a member of Word of Life Ministries,
commented on the County Commissioners meeting and the concerns of the
public. He stated users would not be in favor of the facility. Mr. Irvin asked
about the location and the reasons for the choice.
Ll
Mr. Craig commented on the Planning Commission and their duties
establishing land use.
Mr. Paul Melchoir, County Environmentalist, commented on the public
concerns and research leading to the decision of the type of facility and
location. He explained the fair grounds choice was a positive accessibility
decision. The area is close to the shopping area for people who come to
Hutchinson from other communities.
County Commissioner Eloi Hamre commented on the board of commissioners
vote and explained all the commissioners sit on the Solid Waste committee,
only one commissioner has a vote.
Mr. Gruett again explained the duties of the Planning Commission as it
makes a decision on this request.
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HUTCHINSON PLANNING COMMISSION MINUTES
• 9/21/93
Building Official Jim Marka commented on the type of products found in the
facility and the fact these products are all found in any hardware `store.
Ms. Esther Christensen, Hutchinson Twp., questioned the use and length of
time the products would be in the facility.
Fire Marshal Mike Palm explained the use of the facility and that these
products will not be in the facility indefinitely but moved for proper disposal.
He state he will inspect the facility monthly. Hazardous Household wastes
are illegal to dispose of In a landfill.
Mr. Ed Homan stated Minnesota presently has 23 facilities and 13 proposed
currently.
Mr. David Broll, 547 Milwaukee, asked why not consider a mobile facility and
he again questioned the noticing of property owners.
Mr. Plotz again explained the State Statute and City Code governing the
requirement of public notices. He also stated the planning commission would
be looking at the land use issue.
• Mr. Ed Homan commented he would be happy to meet with the public on
costs and funding of the facility.
Ms. Julie Schaffer, Century Ave., commented on the county meeting
regarding single county use or regional use.
Mr. Melchoir explained the expansion could be in use not the facility.
Mr. Plotz stated a physical expansion would have to come back for another
conditional use permit.
Mr. Barry Schaffer, Century Ave., asked if public opinion would change the
Planning Commission's decision.
Mr. Lenz again stated the Planning Commission advises the City Council on
land use items and does the research and follows the ordinances regarding
land use.
Mr. Craig made a motion to recommend approval of the 6 month extension,
seconded by Mr. Gilmer.
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RESOLUTION NO. 10053
• RESOLUTION SUPPORTING A PERMANENT COLLECTION
LOCATION FOR HOUSEHOLD HAZARDOUS WASTE
WHEREAS, a household hazardous waste collection program is
needed for residents,
WHEREAS, there has been considerable discussion, debate, and
media coverage of other collection alternatives, including a mobile
trailer /tractor,
WHEREAS, the concept of a trailer /tractor collection vehicle
only increases the risks toward a spill, by virtue of a vehicular
accident,
WHEREAS, a permanent site offers the advantage of both
explosive proof construction and collection basins for any
potential spills,
NOW THEREFORE, be it resolved that the elected officials of
the City of Hutchinson, duly elected by the citizens, strongly
support: (1) a permanent collection site, and (2) believe the
• proposed site within the McLeod County Fairground Plat (east 200
feet of Lot 2) is an exceptional site; convenient to shoppers
- throughout McLeod County and, also, having the proper zoning,
specifically light industrial zoning.
Adopted by the City Council this 22nd day of September, 1993.
ATTEST:
Gary D. Plotz
City Administrator
•
Paul L. Ackland
Mayor
MANCS ORDER
(itrtruetions on mvem fide)
•
PROJECT El.eyated Mater Tower
DATE OFISSUANCE ,;4P.tP!'IpRT..��,..199 ...
EFFECTIVE DATE A!P.tembgr l2e „�99 } ..............
OWNER. &JAY.- d- HutchinM ..............................................
........ ............ . :.................
OWNZR's Cornet No. ....; LY.. rQJ*G1<.93-A......
CONTRACTOR . CBI.Ktt- Gon .................
ENGINEER Ri,eke.J<aSrA7.l.1!<tl l.er..As°At...I]le..
you are directed to make the fallowint Champ in the Contract Documents,
Description: See attached
Reason for Champ Order. See attached
Amchmena: (Ust documents suppoMW chance)
See attached
CHANGE IN CONTRACT PRICE:
CX4NGZ IN CONT)+ACT TIM13:
0610nel Comma Rice
off comma rmw
558.100.00
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Itob for Orel µanew:
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Net ehaeeee from PwA*w Cheep Orden No. —L to No. J.._
Not cbw nem pmv*m Chwv Ord es No.
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Cornet Tlew pw to oh chew O der
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No line r (doemewl ddeb Ck f Order
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Cornet Prlee ta+h ar efpwed Chew Orden
Cnwer Twee wo v Approved CM w Were
562.851.40
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September 11. 1993 perk,
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FJCDC No. 1910.4 -a (1990 6diftl)
Iti.pered by tlr Lt�nwe lobe Gannet Daweatte CamdNee eed eMre.d by rim Ameoeiatrd CgfmW COW eetrn of A0000116
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Item #1
Description: Abandonment of Well No. 1; delete from contract.
Total ($6,980.00)
Reason for Change: Well was found to be previously capped.
Item #2
Description: Deletion of exterior tower flood lighting from tht contract.
Total: ($2,600.00)
Reason for Change: City decision to delete lighting.
Item #3
Description. Request by Hutchinson Utilities to, in conjuncti m with the water
tower project, consolidate electrical service Lt the park and
provide new transformers.
Total: $9,931.40 (includes 15% overhead and prc 5t for C$I).
Reason for Change: Agreement by the City that the proposed modif cations were also
in the City's best interest.
Attachments: April 13, 1993 memorandum from Sheldon Sor .nson of Kaeding
and Associates and September 17, 1993 lever from Quades
Electric.
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OUADE'S
INC.
Electrical Contractors
35 - 4th Ave. N.E.
Hutchinson. Mn. 55350
1612) 587 -3030
SEPTEMBER 17, 1993
DUANE KRAMER
RMC
10901 RED CIRCLE DR.
MINNETONKA, MN 55343
SUBJECT: HUTCHINSON WATER TOWER
NEW SERVICE FEEDERS
DEAR SIR:
AS PER THE HUTCHINSON U71LIfIE5 REQUEST AND THE KAEDING
b ASSOCIATES LETTER (SEE ATTACHED), OUADE S IS PLEASED TO
QUOTE TO YOU THE SUM OF $8636.00 FOR A COMPLETE INSTALLATION.
THE LABOR AND MATERIAL BREAKDOWN IS AS FOLLOWS:
MATERIAL, TRENCHING, MISC. _ $4930.00
LABOR
PLEASE NOTE THAT THE KAEDING LETTER IS VERY SPECIFIC AS
TO THE MATERIAL NEEDED TO COMPLETE THIS PROJECT. IF YOU HAVE
ANY QUESTIONS REGARDING THIS QUOTATION OR BREAKDOWN, PLEASE
FEEL FREE TO CONTACT ME.
P 7RU Y,
S IUCKENHIRN
MM/YS
• Kaeding and Associates, Inc.
7300 France Avenue South
Suite 330
Minneapolis, Minnesota 55435
(612) 831 -0317
XIIKORANDUM
TO: chuck Barger: RCM
FROM: Sheldon Sorensen
DATE: April 13, 1993
RB: Hutchinson, Minnesota
Water Tower
I met at the project site on April 8th with Mark Muckenhirn
(Quades) and Butch Wentworth (Hutchinson Utilities). we reviewed
the changes to the project design that are prolosed by the
Hutchinson Utilities.
To accomplish the desired changes, the following text should be
• issued to the Contractor as a proposal request:
1. Hutchinson Utilities will remove existing tran:;formers from
inside wellhouse No. 2. contractor shall remcve abandoned
secondary conduit and cable.
2. Hutchinson Utilities will furnish and install a 120/208 VAC,
3- phase, 4 -wire, pad -mount transformer approximittely 10 feet
south of Wellhouse No. 2.
3. Contractor shall furnish and install a 400 Amp, 120/208 VAC,
3- phase, 4 -wire service entrance using 4- 1 /c- #5oOMCM -311 R.S.
conduit, from the transformer into the building. Furnish
and install a 400 Amp C.T. cabinet inside the 15rellhouse for
Hutchinson Utilities' use. coordinate metering requirements
with Hutchinson Utilities. Ground the new service per
N.B.C. 250.
4. Furnish and install a 400 Amp, 120/208 VAC, 3- phase, 4-wire
circuit breaker panelboard in wellhouse No. 2. Panelboard
shall have a 400 Amp main breaker, U.L. service entrance
label, and branch circuit breakers as follows:
A. 200 Amp /3 -pole (Well Pump No. 2)
b. 200 Amp /3 -pole (Tower)
C. 30 Amp /2 -pole (Park Lighting - confirm ampucity)
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Mr. Chuck Barger
April 13, 1993
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5. Re -feed the well pump No. 2 starter using 3- 1/c- #3/0 -2" R.S.
conduit.
6. Furnish and install a 200 Amp, 120/208 VAC, ;angle -phase
service from welihouse No. 2 to the new tower lighting panel
LP. Circuit shall consist of 3- 1 /c - #3/0 and 1- 1 /c - #4 ground
type RHW or USE direct burial cable.
7. Delete utility metering at the new tower.
S. Connect the existing park lighting to the new Wallhouse No.
2 pane?3oa- -d using 2- 4 /c- #6 -RHW. Confirm circuit- voltage.
9. Add a 30 Amp /2 -pole circuit breaker to tower panel LP and
re -feed the existing Shelter Building (north o:' the Tower)
using 3- 1 /c - #6 RHW.
10. Provide rigid steel conduit entrances to buildings.
Direct - buried cable shall be 30" deep. Coordinate routing
with Owner to avoid tree roots.
Please contact us if you have any questions or comments.
• cc: Butch Wentworth: Hutchinson Utilities
Mark Muckenhirn: Quades
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CROW RIVER ARTS. INC.
44 Washington Avenue West
P.O. Box 282
Hutchinson, Minnesota 55350
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