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02-26-2008 CCMMINUTES REGULAR MEETING – HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 26, 2008 CALL TO ORDER – 5:30 P.M. 1. Mayor Cook called the meeting to order. Members present were Bill Arndt, Casey Stotts Kay Peterson and Jim Haugen. Others present were Ken Merrill, Finance Director, Kent Exner, City Engineer, and Marc Sebora, City Attorney. INVOCATION 2. – Rev. Kaye Brandt, Vineyard United Methodist Church, delivered the invocation. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS 4. Sheryl Martin, 829 Hilltop Drive NE, manager of Deer Park Apartments, presented before the Council. Ms. Martin noted that rental property owners have recently met on the topic of the rental registration program and as a group they have concerns with some of the sections in the proposed ordinance. These sections include Section 3, Subd. 4(G) which seems to be a violation of tenant privacy as a list of tenant names is required to be submitted to the City. The group has concerns with Section 4 and the fact that there are exemptions allowed. Section 9 needs clarification as to the requirements of maintenance of records. Issues with Section 14 and 16 were raised as well. Fire Chief Brad Emans noted that if the rental registration program ordinance is adopted, staff intends on putting on a Meet and Greet with landlords and tenants on March 10, 2008. This session intends to be an informative, question & answer session. Rocky Burge Hamm, Twin Oaks Townhomes, presented before the Council. Ms. Burge Hamm noted that the ordinance does not allow for landlord appeals. Ms. Burge Hamm feels that an appeal process should be included. MINUTES 5. (a)REGULARMEETING OF FEBRUARY 12, 2008 Motion by Stotts, second by Peterson, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA 6. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1.HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 15, 2008 2.PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM JANUARY 7, 2008 3.PLANNING COMMISSION MINUTES FROM JANUARY 15, 2008 4.JOINT PLANNING BOARD MINUTES FROM JANUARY 16, 2008 (b)RESOLUTIONS AND ORDINANCES 1.RESOLUTION NO. 13352 - RESOLUTION FOR PURCHASE (MOWER LEASE, TRANSMISSION, BIODIESEL) 2.RESOLUTION NO. 13353 – RESOLUTION TO SELL SURPLUS PROPERTY 3.ORDINANCE NO. 08-0493 – ORDINANCE ESTABLISHING THE CREEKSIDE ORGANICS CITY COUNCIL MINUTES – FEBRUARY 26, 2008 PROCESSING FACILITY ADVISORY BOARD 4.ORDINANCE NO. 08-0494 – ORDINANCE ABOLISHING TELECOMMUNICATIONS COMMISSION (c)PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW FIVE 8-UNIT BUILDINGS WITH GARAGES UNDER 400 SQUARE FEET IN THE RAVENWOOD CONDO PLAT REQUESTED BY ROGER DERRICK, COTTAGE HOMESTEADS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13354) 2. CONSIDERATION TO AMEND ZONING ORDINANCE SECTION 154.057 TO ALLOW BY RESERVATION SPECIAL EVENTS SPACE IN OWNER-OCCUPIED HOMES IN THE R-2 DISTRICT BY CONDITIONAL USE PERMIT AS REQUESTED BY AUDREY HOLLATZ WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0496 FOR MARCH 11, 2008) (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 3 - LETTING NO. 12, PROJECT NO. 05-14 (REVERSE OSMOSIS SYSTEM PROCUREMENT) AND CHANGE ORDER NO. 11, LETTING NO. 2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) (e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR MCLEOD COUNTY VOITURE 414 40/8 ON APRIL 5, 2008, AT MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON APRIL 12, 2008, AT MCLEOD COUNTY FAIRGROUNDS (g) CONSIDERATION FOR APPROVAL OF SETTING BOARD OF REVIEW HEARING FOR APRIL 30, 2008, AT 4:30 P.M. AT THE HUTCHINSON CITY CENTER (h) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 12, 2008, AT MCLEOD COUNTY FAIRGROUNDS (i) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR MARCH 25, 2008, AT 4:00 P.M. TO REVIEW CITY POLICY HANDBOOK PROPOSED AMENDMENTS/REVISIONS (j) CONSIDERATION FOR APPROVAL OF LIQUOR LICENSE RENEWALS (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)2, 6(b)3, 6(c)1 and 6(i) were pulled for separate action. Motion by Stotts, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)2 had further discussion. Council Member Peterson noted that she wanted to point out that the City is receiving bids on these specialized pieces of equipment. Doug Johnson, Compost Site Manager, explained that the equipment is placed on a specific web site that will ask for bids. The web site is geared toward those groups that use these types of equipment. Motion by Peterson, second by Arndt, to approve Item 6(b)2. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook noted that an advisory committee for Creekside has been in effect for a few years, however a board has not been formally established. Mayor Cook suggested holding off on formally establishing the Creekside Board until after the Policy Governance session. The Policy Governance session may reveal that not all boards and commissions are necessary. So, instead of formally creating this board, the suggestion was made to hold off until after the Policy Governance session is held. In the meantime, the advisory committee should continue meeting as they currently are. 2 CITY COUNCIL MINUTES – FEBRUARY 26, 2008 The same issue will hold true with setting the workshop in reference to the City policies. Motion by Stotts, second by Peterson, to table Item 6(b)3. Council Member Arndt voiced some opposition to this matter as he expressed that the Compost Board is very important. Motion carried unanimously. Item 6(c)1 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers explained that the applicant, Roger Derrick, has some revised plans as to what was originally proposed. Mr. Derrick noted that, as part of his application, he put in the maximum amount of units that are allowed. He noted that the plan may actually call for less units. Mr. Derrick also noted that the number of buildings or building sizes may change, however the number of units will not change. All of the units will remain one level. The suggested language to change in the Resolution is “a maximum of 40 units with not more than eight units” and striking “five 8-unit buildings”. Marc Sebora, City Attorney, noted that perhaps another public hearing be held so the neighbors can have an opportunity to speak on the proposed change to the layout. Motion by Peterson, second by Stotts, to set public hearing for March 11, 2008, at 6:00 p.m. to review a revised plan submitted by Roger Derrick. Motion carried unanimously. Motion by Stotts, second by Peterson to table Item 6(c)1 to March 11, 2008. Motion carried unanimously. Item 6(i) was pulled for separate discussion. Mayor Cook suggested tabling setting a workshop to review the policies until after the Policy Governance session. Motion by Haugen, second by Arndt, to table Item 6(i). Motion carried unanimously. PUBLIC HEARINGS – 6:00 P.M. - NONE 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS 9. (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0482 – AN ORDINANCE REGULATING RENTAL UNIT REGISTRATION AND INSPECTION (SECOND READING AND ADOPTION) Mayor Cook noted that one item that should be changed is Section 3, Subd. 4(G), that the property owners need to provide a list of name of all residents. Fire Chief Brad Emans noted that there is no need for staff to have this information on file. Mayor Cook suggested having language in a new Subdivision 5 that would state that a list of names of all residents will be updated and made available to city staff or inspector if needed. Council Member Haugen also suggested having an appeal process. City Attorney Sebora noted that staff had discussed this and felt that the City Administrator having the final decision was sufficient. An alternative for the tenant/property owner would be a court action to contest a decision. Mayor Cook suggested leaving the ordinance as written and if there is an issue, the ordinance can be changed. The Council noted that they would like to be copied on any suspensions or revocations or non-renewals that the City Administrator would determine. Chief Emans again noted that a “Meet and Greet” session will be held on March 10, 2008, with property owners and tenants. This session will be held at 5:30 p.m. at the Fire Station. Motion by Stotts, second by Arndt, to approve Ordinance No. 07-0482 – Regulating Rental Unit Registration and Inspection, with the revision noted above. Motion carried unanimously. NEW BUSINESS 10. (a) CONSIDERATION FOR APPROVAL ADOPTING CITY OF HUTCHINSON FEE SCHEDULE City Attorney Marc Sebora noted that the fee schedule includes a new annual rental housing registration and inspection fee. This fee is proposed at $10.00/unit which includes an initial inspection and one additional/follow-up inspection. A second additional/follow-up inspection (the third actual inspection) is 3 CITY COUNCIL MINUTES – FEBRUARY 26, 2008 proposed at $50.00/unit. Any subsequent additional/follow-up inspections would be at double the cost of the previous inspection. The other change to the fee schedule is an increase in kennel fees for dogs and cats. Council Member Haugen suggested checking with Chief Hatten to see if administrative citations should be added to the City’s fee schedule as well. Motion by Peterson, second by Stotts, to approve City of Hutchinson fee schedule. Motion carried unanimously. (b) FOLLOW-UP DISCUSSION REGARDING HUTCHINSON CITY ORDINANCE 72.06 – TRUCK PARKING RESTRICTIONS Mayor Cook noted that this item was requested to be placed on tonight’s agenda from the last City Council meeting. Council Member Stotts expressed that he feels there are two issues – hardship on truck owners and the minimum poundage. th Jamie Marx, 481 4 Ave. SW, presented before the Council. Mr. Marx noted that his ¾ ton pickup is 7700 pounds. He noted that the request of truck owners would be at least to bump the weight of the truck to 18,000 pounds. Sheila Ellman, 560 Barley Street, presented before the Council. Ms. Ellman noted that tractors typically only need 5-10 minutes of idle time to get air pressure to their breaks. The winter time does require a little bit longer of idle time. Ms. Ellman again noted that the request of truck/tractor owners is that they are able to park on their private property. The Council discussed parking of trailers on private property. Ms. Ellman also noted that tractor trucks are considered personal vehicles when they are not under dispatch, as opposed to commercial vehicles. Council Member Stotts noted issues that should be considered are public safety and infrastructure damage. Council Member Arndt suggested having a one-year moratorium and allow truck parking in residential areas. If there are no complaints, the ordinance could be abolished. Motion by Peterson, to revise 72.06(E) to read “for a period as needed” (striking 20 minutes) and leave the remainder of the ordinance as is. City Attorney Sebora noted that the language should be worded so it is easy to enforce. He suggested using language from 72.06(B), such as “reasonably necessary for that activity”. Motion seconded by Haugen. Council Member Stotts urged the Council to not pass this ordinance because it is not a public safety or infrastructure issue. Council Member Haugen suggested having a public hearing to see what residents have to say, or instituting a moratorium to see if there are any complaints. Roll call vote: Haugen – aye; Arndt – aye; Peterson – aye; Stotts – nay; Cook – nay. Motion carried 3 to 2. (c) CONSIDERATION FOR APPROVAL OF POLICY GOVERNANCE AGREEMENT Mayor Cook noted that Gary Plotz had provided a memo in the packet outlining the proposed agreement with Out of the Woods Consulting. The agreement is to provide training on the Policy Governance program with a not to exceed amount of $15,000. Motion by Stotts, second by Haugen, to approve Policy Governance Agreement with Out of the Woods Consulting. Council Member Arndt noted that he is not 100% in support of this program mainly because of the cost associated with the program and the different style of governing. Discussion was held related to the pros and cons of a policy governance program. Roll call vote was taken: Haugen – aye; Arndt – aye; Peterson – nay; Stotts – aye; Cook – aye. Motion carried 4 to 1. (d) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION ASSOCIATED WITH NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT Motion by Haugen, second by Arndt, to convene into closed session at 8:00 p.m. Those present Marc Sebora, Jim Haugen, Bill Arndt, Steve Cook, Kay Peterson, Casey Stotts, Ken Merrill, Kent Exner and Melissa Starke. Motion carried unanimously. 4 CITY COUNCIL MINUTES – FEBRUARY 26, 2008 The meeting reconvened at 8:23 p.m. MISCELLANEOUS 11. Rebecca Bowers – Ms. Bowers, Planning/Zoning/Building Director, thanked the IJ Burich Foundation for a grant in the amount of $7300 for renovations to the Evergreen senior dining kitchen. Casey Stotts – Council Member Stotts publicly thanked the owner/manager of Subway on Hwy 7 for opening up his store in the early morning hours last week during a fire response call. Ken Merrill – Mr. Merrill noted that the Council should designate from which fund the Out of the Woods Consulting agreement should be paid from for the policy governance program. Motion by Stotts, second by Cook, to utilize funds from the excess bond fund to pay for the agreement. Motion carried unanimously. Kent Exner – Mr. Exner noted that the new rock spillway in the dam is operating as expected with the little bit of flow that has come through due to the warmer weather. It will take time to see actual flow over the rocks until the siltation is built up. Mr. Exner also thanked Senator Dille for his support with the transportation bill. Mayor Cook asked that Mr. Exner write up a formal thank-you letter to Senator Dille on behalf of the City. Mayor Cook – Mayor Cook asked if the Council would like to set a target for reduction of energy usage. He suggested a 5% reduction. Council Member Peterson suggested having a report back from staff on what their thoughts are on a reasonable reduction percentage. Mayor Cook also suggested encouraging the Hutchinson Utilities Commission to research the feasibility of a local community-based wind power generation facility. Mayor Cook presented a Resolution for the Council to consider and forward to HUC asking that they investigate the feasibility. Council Member Peterson noted that perhaps the HUC should be asked about this prior to forwarding the Resolution to them. Motion by Stotts, second by Cook, to adopt Resolution No. 13356 and pass on to the Hutchinson Utilities Commission. Motion carried unanimously. Mayor Cook lastly noted that a weekend retreat needs to be set to begin the Policy Governance session. April 11 – 13 was recommended. April 11: 12noon – 6:00 p.m.; April 12: 8:00 a.m. – 4:00 p.m.; April 13: 12noon – 4:00 p.m. Motion by Stotts, second by Haugen, to set the above-mentioned dates and times for the Policy Governance retreat at the City Center. Motion carried unanimously. ADJOURN 12. Motion by Peterson, second by Stotts, to adjourn at 8:23 p.m. Motion carried unanimously. ATTEST: _______________________________________ _____________________________________ Steven W. Cook Gary D. Plotz Mayor City Administrator 5