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cp09-15-1993 cL� C 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 • • 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 ��a • * _moo 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 • • 11 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 • U • r- -I L 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. n U 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. 3 R 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. • 4 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 1 setottw Ctm maim. Itob for Orel µanew: • „- Net ehaeeee from PwA*w Cheep Orden No. —L to No. J.._ Not cbw nem pmv*m Chwv Ord es No. t 4.400.gg - Contra Rice Mw to ehb chow Order Cornet Tlew pw to oh chew O der s 5%500-00 &*vumlr C.m wkdm lwdr Per firs PeYewx —�. Not lnenew egpess>sfifr tide Cheep Order No line r (doemewl ddeb Ck f Order t 351.40 Cornet Prlee ta+h ar efpwed Chew Orden Cnwer Twee wo v Approved CM w Were 562.851.40 f Compledec Rte ly for nerd pgeret brow ■ Rer:CQM � ApPOYT �r A D °r. T,, �CTs °y N .r September 11. 1993 perk, 9/_ �ls1 •, 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 • n U • 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. L • • var iv. .. ay.aa ' t I 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) 11 a. �r Mr. Chuck Barger April 13, 1993 • Page 2 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 • r� U CROW RIVER ARTS. INC. 44 Washington Avenue West P.O. Box 282 Hutchinson, Minnesota 55350 s 93 et,. /q/(v /Clam.. ,04,Z U l S.O-c . -�C �192o2,�za2 s RECEIVED z9 '* )�e— areq"Jc� �- 4 — kal Ce�-- ; �