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02-12-2013 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 12, 2013 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Gary Forcier. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY The Council congratulated the winter high school sports teams on their accomplishments. Discussion was held on use of microphones in the Council Chambers to ensure that the sound can be amplified across the public access channel. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JANUARY 22, 2013 Motion by Arndt, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14099 — A RESOLUTION REVISING 2013 CITY OF HUTCHINSON FEE SCHEDULE PERTAINING TO AIRPORT, WASTEWATER AND STORMWATER FEES 2. RESOLUTION NO. 14107 — A RESOLUTION FOR PARKING RESTRICTIONS OF TH 15 AND CSAH 115 FROM SOUTHERN CITY LIMITS TO DENVER AVENUE ALONG TH 15 AND 950 FEET WEST AND 1300 FEET EAST OF TH 15 ALONG CSAH 115 FOR THE CITY OF HUTCHINSON, MINNESOTA 3. ORDINANCE NO. 13 -0706 - AN ORDINANCE AMENDING SECTION 73.17 OF THE HUTCHINSON CITY CODE PERTAINING TO MOTORIZED SCOOTERS (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 13 -0707 — AN ORDINANCE REPEALING CHAPTER 34 OF THE HUTCHINSON CITY CODE — ADMINISTRATIVE PENALTIES (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL REQUEST FOR DAN JOCHUM TO ATTEND THE NATIONAL PLANNING CONFERENCE IN CHICAGO, ILLINOIS APRIL 14 — 17, 2013 CITY COUNCIL MINUTES FEBRUARY 12, 2013 (c) CONSIDERATION FOR APPROVAL OF PRIVATE AIRPORT HANGAR LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND JAMES WECKMAN (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR TRUNK HWY 15 /CSAH 115 ROUNDABOUT PROJECT (LETTING NO. 4, PROJECT NO. 13 -04) (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR WATER TREATMENT PLANT REVERSE OSMOSIS MEMBRANE REPLACEMENT PROJECT (LETTING NO. 7, PROJECT NO. 13 -07) (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR RAILROAD DEPOT SITE IMPROVEMENTS PROJECT (LETTING NO. 8, PROJECT NO. 13 -08) (g) CONSIDERATION FOR APPROVAL OF SETTING BOARD OF EQUALIZATION FOR APRIL 17, 2013, AT HUTCHINSON CITY CENTER (h) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSES: - MCLEOD COUNTY PHEASANTS FOREVER ON MARCH 23, 2013, AT MCLEOD COUNTY FAIRGROUNDS - MINNESOTA DEER HUNTERS ASSOCIATION ON APRIL 6, 2013, AT MCLEOD COUNTY FAIRGROUNDS - HUTCHINSON ROTARY FOUNDATION ON APRIL 19, 2013, AT CROW RIVER GOLF CLUB (i) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON CENTER FOR THE ARTS ON FEBRUARY 16, 2013 (j) CONSIDERATION OF APPOINTMENTS /REAPPOINTMENTS TO CITY OF HUTCHINSON BOARDS /COMMISSIONS (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(e), 7(f), 7(g) and 7(k) were pulled for separate discussion Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(e) had further discussion. Council Member Christensen asked how often these skid systems are replaced. Council Member Christensen asked if these replacements could be staggered instead of them all at one time due to the large payment. Kent Exner, City Engineer, explained the operational implications if these were replaced on staggered years. Jeremy Carter, City Administrator, spoke to the financial benefit for replacing the skids at the same time. Mr. Exner spoke to the life cycle of the skids and what effects them. Motion by Christensen, second by Arndt, to approve Item 7(e). Motion carried unanimously. Item 7(f) had further discussion. Council Member Arndt asked if this project was going to be worked in with another project or if it is a standalone project. Kent Exner noted that the item being considered is for the site work and remediation work on the depot site itself. However, the Jefferson Street project may bring in a fill material for the project. Motion by Arndt, second by Cook, to approve Item 7(f). Motion carried unanimously. 2 CITY COUNCIL MINUTES FEBRUARY 12, 2013 Item 7(g) had further discussion. Mayor Cook noted that the Board of Equalization is proposed to be held by the County Assessor for a 4:30 p.m. start time, however the Mayor is suggesting that the meeting start a bit later. Jeremy Carter, City Administrator, noted that he had spoken to the assessor and a later start time is acceptable. Motion by Czmowski, second by Forcier, to set Board of Equalization at 5:30 p.m. on April 17, 2013. Motion carried unanimously. Item 7(k) had further discussion. Council Member Forcier noted he would be abstaining from this item due to him have a bill being approved on the register. Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Item 7(k). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. Always looking toward t e uture, not monitoring past) (a) PRESENTATION ON POLICE OFFICER MEMORIAL PARK Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the park is proposed to be placed along 3rd Avenue NW between the street and the Luce Line Trail. The park is proposed southeast of James Street, south of Hwy 7 and along the river. Chief Hatten provided a landscaping proposal for the park Sgt. Joe Nagel described the layout of the park, which will include brick/stone laying in the shape of a badge. In addition, a statute is proposed, as well as a memorial. Chief Hatten reviewed the steps taken to establish the concept of the Police Memorial Park, which includes input from the Public Arts Commission and community members. Fund raising will take place for the park with the anticipated target completion in Summer /Fall 2014. A $2500 grant has been received from the Hutchinson Community Foundation and will be the fiscal agent for the park. The group intends to raise $75,000- $100,000. Sgt. Nagel clarified that this Park is not solely dedicated to Officer Michael Hogan, who died in the line of duty in 1989, but rather a park honoring all of law enforcement. Mayor Cook noted that the Council should be approving the dedication of the land as a park as outlined in Chief Hatten's timeline. Also, Mayor Cook felt that the City should be a financial partner in the project. Dan Jochum, Planning /Zoning /Building Director, presented before the Council. Mr. Jochum noted that City code requires a 30-day public comment period and suggested that period begin next week. The powerpoint presentation given tonight will be on the City's web site. 10. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this ordinance was first discussed at the last Council meeting. Mr. Sebora noted that he has incorporated revisions into the ordinance based on the discussion from the last meeting. These revisions include the definition of a mobile food vehicle. Mr. Sebora also included language requiring copies of state licenses and insurance requirements. In addition, no table or chairs would be permitted with a food vendor's business. Mr. Sebora also addressed signage and parking requirements. He also included language allowing a food vendor to operate within 100 feet of a restaurant if the restaurant is open and written consent is obtained from the restaurant owner. In addition, a food vendor would be allowed within 500 feet of any event or festival if the sponsor approves. Language has been added to not allow food vendors on public property or adjacent parking lots to a concession stand and not on public parking lots, sidewalks or trails. Chief Hatten raised a scenario that suggested perhaps a time limit should be part of the ordinance to CITY COUNCIL MINUTES FEBRUARY 12, 2013 coincide with other areas of the City code, such as no vendors after 10:00 p.m. Upon further discussion, the Council agreed that vendors could only be allowed in commercial areas after 10:00 p.m. Council Member Czmowski raised concerns with overregulating food vendors. The Council directed the city attorney to have this ordinance in proper form for a first reading at the next Council meeting. (b) CONSIDERATION OF ORDINANCE NO. 13 -0705 — AN ORDINANCE AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE — ANIMALS Mayor Cook noted that at the last Council meeting the Council had discussed amending the City's animal ordinance. One of the proposed amendments is to limit the number of dogs and cats a household may have. The proposal at last meeting was a limit of four animals, with no more than three being of the same species. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora reviewed the proposed amendments from both the last Council meeting and those amendments made to the ordinance based on the discussion at the last meeting. The revisions include reference to state law for dangerous dog designations. In addition, in the animal limits section, state licensed humane societies are proposed to be exempt and the limit applies to households versus to a person. Other changes include owners being able to control their animals with an electronic device rather than a leash only. Other changes include allowing animals at the McLeod County Fairgrounds and not allowing farm animals on city trails. Mayor Cook suggested adding "sidewalks" to the City trails revision. Mayor Cook noted that he has received several comments from residents on the animal limit proposal. Four dogs are allowed in City code in kennels only, which are allowed in industrial/commercial zoned areas of the city. Mayor Cook explained that the purpose of the proposed limit is to better handle nuisances and other issues that arise with multiple animals. Mayor Cook noted that after speaking to residents and staff, that perhaps the animal limit per household should be seven. Council Member Forcier noted that he has an issue with limiting the number of animals per household. Council Member Christensen noted that the animal limit is not so much the issue, but the nuisances are what needs to be addressed. Larry Sorensen, 1104 Lewis Avenue, presented before the Council. Mr. Sorensen asked if pets are Living inside someone's house, can the City limit the number and come in and take the animals that are above the limit. Discussion was held on enforcement of animal owners that might be above a limit that might be set. Robin Kashuba, 115 2nd Avenue SE, presented before the Council. Ms. Kashuba has multiple dogs and is a foster animal owner. Ms. Kashuba noted that nuisances need to be addressed — barking, running at large, waste, dangerous designations — and not set a limit. Mayor Cook noted that several cities allow exceptions for fostering. Ms. Kashuba suggested ways to handle ordinance violations. Cheryl Mose, 448 California Street, presented before the Council. Ms. Mose expressed that if a companion animal is well -cared for, an animal limit should not be set. Jack Yates, 20404 2051' Court, presented before the Council. Mr. Yates spoke to nuisance issues that animals bring. Mr. Yates spoke to the necessity of fostering within homes. Mr. Yates spoke to exceptions that become part of regulations. Mr. Yates would appreciate if there was no number limit, but rather have ordinances that are strong enough to address nuisance and health issues. Marilyn Laine, 448 California Street, presented before the Council. Ms. Laine spoke that animals are like family to many animal owners and setting a limit would be very harmful to animal owners. If a limit is set, Ms. Laine requested that those animal owners that are over the limit be grandfathered in. CITY COUNCIL MINUTES FEBRUARY 12, 2013 Mayor Cook noted that the limit would come into effect more if there is an issue with a household. It is not meant for staff to be counting the numbers of animals at each household. Council Member Czmowski expressed that he feels residents won't follow an ordinance regardless of a limit set. He doesn't feel that residents currently follow the licensing ordinance and they aren't going to get rid of any animals above a proposed limit. Chief Hatten noted that the City spends $6000 -$8000 per year on housing and euthanizing stray animals. If a limit is set on the number of animals, costs may be increased to the police department for stray unclaimed animals. Discussion was held on pet licensing. Mayor Cook asked the Council Members how they felt about grandfathering in pet limits above the set limit. Bemidji is a city that allowed grandfathering in. Fostering will need to be incorporated into the proposed ordinance if the Council wishes to have that exception. With grandfathering, a limit will need to be set to grandfather from. Discussion was held regarding microchipping dogs and possibly incorporating that into a proposed ordinance. The ordinance will be brought forth at the next meeting with further revisions and additional proposed language. Motion by Forcier, second by Arndt, to table this item until the next Council meeting. Motion carried unanimously. 11. NEW BUSINESS 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items) (a) HUTCHINSON UTILITIES COMMISSION MINUTES FROM JANUARY 2 AND 15, 2013 (b) HUTCHINSON LIBRARY BOARD MINUTES FROM OCTOBER 22, 2012 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2013 (d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM DECEMBER 3, 2012 13. MISCELLANEOUS Bill Arndt — Council Member Arndt noted that on February 23, 2013, at 8:00 p.m. at the Event Center the senior citizens are holding a 50s & 60s event. Event organizers asked if the City Council could usher at the event. Senior citizens are putting on this event to raise funds to keep the Senior Center open five days per week. Motion by Arndt, second by Christensen, to set February 23, 2013, at 7:00 p.m. at Event Center as public meeting for this event. Motion carried unanimously. Jeremy Carter — Mr. Carter requested that a workshop be set for February 26, 2013, to discuss the transportation plan and on March 26, 2013, to discuss the outdoor pool. Motion by Arndt, second by Cook, to set February 26, 2013, at 4:30 p.m. to discuss the transportation plan and March 26, 2013, at 4:00 p.m. to discuss the outdoor pool. Motion carried unanimously. Mayor Cook — Mayor Cook asked that Jeremy Carter provide an update on the Burns Manor property. Mr CITY COUNCIL MINUTES FEBRUARY 12, 2013 Carter explained that a private owner has purchased the Burns Manor property and the owner /contractor is gaining licensure for asbestos removal. Upon asbestos removal and any other requirements, plans are to demolish the property. City permits are also required as part of the demolition process. The plan is to begin demolition processing in March. Mayor Cook noted that other redevelopment offers were brought forward, however the City and hospital were not comfortable with the offers /plans, therefore the hospital sold the property to a private owner who intends to turn the land into farmable property. Mr. Carter also explained a grant opportunity that became available for healthy communities. Mr. Carter and Mr. Exner have been working with Heart of Hutch on a letter of intent to apply for grant dollars in the amount of $145,000 to be used for trails, bicycle activities, and other healthy community activities. Mayor Cook noted that the Council had discussed placing bicycle racks in the downtown and other high - usage areas, such as near the river. He asked Mr. Carter to check into this. Mayor Cook also suggested placing historic street signs in the downtown district. He asked the Council if they would agree to researching what a project like that would entail. With the Council's consent, Kent Exner will do some research and determine the scope of the project. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:45 p.m. Motion carried unanimously. rol