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01-28-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 28, 2014 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Mary Christensen, Bill Arndt, Gary Forcier and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JANUARY 14, 2014 Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Pin pose: only for items requiring Council approval by external entities that would other -vise have been delegated to the City Administrator. Traditionalli items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14235 - RESOLUTION ESTABLISHING NO PARKING RESTRICTIONS (JEFFERSON STREET SE — OAKLAND TO CENTURY) 2. RESOLUTION NO. 14236 - RESOLUTION ESTABLISHING NO PARKING RESTRICTIONS (WASHINGTON TO CLINTON) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW DRIVEWAY SETBACK TO BE ZERO FEET FROM THE SIDE PROPERTY LINE ON LOTS 2, 3, 4 AND 5 IN FAIRWAY ESTATES THIRD ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14234) (c) CONSIDERATION FOR APPROVAL OF THE 2014 CITY OF HUTCHINSON PAY EQUITY REPORT (d) CONSIDERATION FOR APPROVAL OF SNOW REMOVAL SERVICES AGREEMENT WITH HASSAN VALLEY TOWNSHIP (e) CONSIDERATION FOR APPROVAL OF MOVE MINNESOTA CAMPAIGN SUPPORT FORM CITY C'OUNC'IL MINUTES JANUARY 28, 2014 (f) CONSIDERATION FOR APPROVAL OF CHANGES TO VERIZON WIRELESS FRANCHISE AND LEASE AGREEMENT (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSES - MCLEOD COUNTY PHEASANTS FOREVER ON MARCH 22, 2014 - MINNESOTA DEER HUNTERS ASSOCIATION ON APRIL 5, 2014 (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Items 7(a) 1, 7(a)2, and 7(i) were pulled for separate discussion. Motion by Arndt, second by Forcier, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Items 7(a) I and 7(a)2 had further discussion. Kent Exner, City Engineer, noted that the Resolution in Item 7(a) I had a typographical error in the approval date and should be changed from February 11, 2014, to January 28, 2014. Motion by Christensen, second by Forcier, to approve Item 7(a) I with the correction noted. Motion carried unanimously. Item 7(a)2 had two typographical errors — the approval date as well as the restriction is on the west side as opposed to the east side. Motion by Arndt, second by Christensen, to approve Item 7(a)2 with the corrections noted. Motion carried unanimously. Item 7(i) had further discussion. Council Member Forcier noted he will be abstaining from voting on this item. Motion by Arndt, second by Czmowski, with Forcier abstaining, to approve Item 7(i). Motion carried unanimously. Item 7(d) had further discussion. Kent Exner, City Engineer, explained that with the construction of the new roundabout on Hwy 15 South/CSAH 18, a new entrance point was created to a service road that serves approximately 12 homes along Hwy 15 South. A cooperative agreement was entered into pertaining to snow removal for this stretch of roadway. 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS, REOUESTS AND PETITIONS (Puipose: to provide Council with information necessrny to craft wise policy. Always looking toward the fixture, not monitoring past) (a) UPDATE ON MCLEOD COUNTY'S PROGRESS TOWARDS TRANSITIONING TO SINGLE SORT RECYCLING McLeod County Board Chair Paul Wright presented before the Council. Commissioner Wright provided an update to the Council on the County's progress towards a single sort recycling program. Commissioner Wright provided an overview of the various recycling services provided and who is served along with the recycling rate. Commissioner Wright explained that not only does the facility support McLeod County it also serves a regional purpose stretching out to surrounding counties. 2 CITY COUNCIL MINUTES JANUARY 28, 2014 Commissioner Wright reviewed the recycling facility operating expenses. The facility is offered and operated as a quality service and not operated as a for - profit business. Commissioner Wright reviewed the 2013 operating expenses and revenues as well as a history of the financials back to 2009. A review was provided of the tons received in to the facility which was over 6000 tons in 2013. The projection is to collect over 10,000 tons upon implementation of a single sort system. Sarah Young, Solid Waste Coordinator, explained what the abatement fund is. Ms. Young explained that the abatement fund is similar to a host fee that the State allows the facility to collect. There is no cost to McLeod County residents for the operation of the facility. Commissioner Wright introduced each staff member of the facility and their function. Commissioner Wright also noted that the facility uses many volunteers from WCI Industries, ATHC and sentence to service workers. Commissioner Wright explained that March 4, 2014, is scheduled for the county board to consider The single sort program. This will mean constructing an addition to the facility and perhaps some additional pieces of equipment and employees. Commissioner Wright spoke of the consultant being used for the design of the program and construction of the addition to the facility. No levy dollars are being used, but rather abatement funds only will be utilized for the additions. It was clarified that when this program is implemented, all the material is intended to be housed indoors. Discussion was held on odor issues with a higher capacity. The Council will consider a formal Resolution of support for the single sort program. (b) FACILITIES COMMITTEE UPDATE Dan Jochum, Facilities Committee Representative, presented before the Council. Mr. Jochum provided an overview of the schedule of projects in various city facilities and the priorities of them. Mr. Jochum explained the process used when evaluating various facility projects and the criteria used when priority lists are established. Mr. Jochum provided an overview of the projects completed /approved in 2013. Mr. Jochum then reviewed the projects scheduled for 2014, 2015, 2016, 2017 and 2018. A very lame project in 2014 includes a $2 million project at the civic arena. Mr. Jochum stressed that the scoring system determines the project needs and it is not determined on a department by department need or rotation. Jeremy Carter, City Administrator, reviewed the funding plan for the capital projects facilities plan. Mr. Carter reviewed a five year plan that has been established for facility projects. Mr. Carter reviewed a facility plan and a non - facility plan. Discussion was held on how these plans were put together and the use of LGA funding. The funding sources are working well. It was noted that a funding source has not been identified before for capital projects and the excess LGA funds have benefitted this program. Mr. Jochum reviewed some of the major projects completed /to be completed which include the Parks garage, historic band shell renovation, civic arena improvements, VMF ballpark, and Rec Center basketball backboards. Mr. Jochum reviewed how projects are implemented using quotes /bids dependent on the project cost. John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the City had applied for a grant in Summer 2013 for a solar energy project. Last week, he and Mr. Carter attended a State Public Utilities Commission hearing at which the Commission authorized allocating grant dollars to the City for a solar energy project. 10. UNFINISHED BUSINESS (a) REVIEW OF CHICKEN ORDINANCE (FIRST READING, SET PUBLIC HEARING AND SECOND READING AND ADOPTION FOR FEBRUARY 11, 2014) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter reviewed a draft CITY C'OUNC'IL MINUTES JANUARY 28, 2014 ordinance which allows for the harboring of chickens within city limits. Mr. Carter explained that he and City Attorney Marc Sebora met with John Dietel and other interested parties to review the draft ordinance and heard their feedback pertaining to the ordinance. Marc Sebora, City Attorney, reviewed the draft ordinance as provided in the Council packet. Key points of the ordinance include the necessity of a license. In addition, license requirements would include such items as properties in R -1 zones only, coops, fencing, maximum of four chickens, 20 foot setback/no front yards, neighbor approval and impounding. The ordinance also spells out licensing procedures and appeal hearing procedures should a license be revoked. General discussion was held on coops and setbacks. John Dietel presented before the Council and spoke about the size of coops and the necessity of the size for housing chickens. He suggested perhaps a 20 foot setback is excessive when a permanent structure only requires a five foot setback. Attorney Sebora explained that this ordinance is a big departure from its animal ordinance and the goal is to minimize nuisance conditions and neighbor complaints. Mayor Cook commented that perhaps a public hearing wouldn't be necessary as part of the licensing process if the abutting neighbors sign off on approval. Council Members Czmowski and Christensen suggested striking language from the draft ordinance requiring a public hearing as part of the licensing process, however keeping language that the abutting property owners sign off on approval. Council Member Arndt commented that perhaps an ordinance isn't required at all. The City allows Gopher Campfire to have thousands of geese and turkeys and there are no issues. Mayor Cook noted that the intention is to protect chicken owners and chicken neighbors and an ordinance needs to be put in place to regulate both sides. Discussion was held that perhaps the neighbors only sign off upon the initial application, but not annually. Attorney Sebora explained that some of the feedback received with interested parties was having a an overall license fee and not a fee per animal. The interested parties also suggested that chickens be allowed in areas zoned other than R -1. Other discussion items included fencing, the maximum number allowed, coop size, reduced setback requirements, and impounding issues. The Council will hold a public hearing on this matter at the next Council meeting. The following keypoints were noted that the Council would like addressed with the chicken ordinance: require abutting neighbor approval; no public hearing required as part of license process; 10 foot setback instead of 20 foot setback; chickens allowed in backyards only; coop height requirements; chicken coop structure enclosed year round required; little larger than 10 sq ft for each chicken (such as 15 sq ft per bird); perhaps Ianguage such as "no crowing birds" in addition to or instead of "no roosters "; rescue operations could be considered instead of or as part of impounding; language noting that chickens are contained in chicken runs only therefore no need to address fencing requirements; maximum number of six chickens instead of four. The revised ordinance will be considered a first reading at the next meeting and a public hearing hearing will be held. Motion by Forcier, second by Christensen, to set first reading and public hearing of Ordinance No. 14 -721 for February 11, 2014. Motion carried unanimously. 11 CITY C'OUNC'IL MINUTES JANUARY 28, 2014 (b) REVIEW OF ORDINANCE AMENDING SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT — ELECTIVE OFFICERS (FIRST READING, SET SECOND READING AND ADOPTION) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that over the last couple of months the mayor along with the Charter Commission and City Council have discussed increasing the mayoral terms from two years to four years. Before the Council tonight is a proposed ordinance for the Council to consider amending the Charter language increasing the term to four years. A revised ordinance has been distributed clarifying that the proposed change would not take place until the 2016 mayor's term. Motion by Czmowski, second by Forcier, to set second reading and adoption of Ordinance No. 14- 720 for February 11, 2014. Christensen — aye; Arndt — nay; Forcier — aye; Czmowski — aye; Cook — aye. Motion carried 4 to 1. 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF TRANSPORTATION ALTERNATIVES PROGRAM GRANT APPLICATION (SCHOOL ROAD SW MULTI -USE PATHWAY) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is in the process of preparing a final grant application for the potential construction of a multi -use pathway along School Road from the bridge to Roberts Road. MnDOT is distributing funds that would be allocated in 2017 or 2018. Mr. Exner distributed a final draft of the grant application. The project scope will include an off - street trail facility beginning at the south side of the bridge that will carry along the west side to Roberts Road. This trail will _the gap that is open in the trail system. Several trees will need to be removed within the project, however they will be replaced where they can be. Mr. Exner explained that the 2017 estimated construction cost of the project is $487,704.83. Approximately $147,000 would be eligible from these grant dollars to go towards the project. The City would be required to match 20% of the grant dollars, or $29,387.00. Motion by Arndt, second by Christensen, to approve transportation alternatives program grant application, which includes adopting Resolution Nos. 14238 and 14239 and approving the 20% funding match in the amount of $29,387.00. Motion carried unanimously. Council Member Arndt asked if a hangar could be constructed along the bridge itself. Mr. Exner noted that options could be considered. 12. GOVERNANCE (Puipose: 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) CITY SNOW REMOVAL REPORT FOR NOVEMBER AND DECEMBER 2013 (b) SIDEWALK SNOW REMOVAL MONTHLY REPORT FOR DECEMBER 2013 (c) PUBLIC ARTS COMMISSION MINUTES FROM DECEMBER 12, 2013 (d) PLANNING COMMISSION MINUTES FROM DECEMBER 3, 2013 (e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM DECEMBER 17, 2013 CITY COUNCIL MINUTES JANUARY 28, 2014 13. MISCELLANEOUS Bill Arndt — Council Member Arndt commented that a WinterFest event is being held this Saturday at the McLeod County Fairgrounds. Gary Forcier — Council Member Forcier commented that he would like staff to work with vets on assisting with licensing dogs and cats. Kent Exner — Mr. Exner mentioned that staff is putting together a grant application for Safe Routes to School in conjunction with the School District. Mayor Cook — Mayor Cook noted that a code of conduct discussion should be held. He suggested scheduling a workshop to review /establish a code of conduct policy. The Ends statements were updated at the last workshop and they should be formally adopted at the next Council meeting. Council Member Arndt also suggested having a meeting with the state legislators before the session starts. Mayor Cook noted that it has been suggested for a universal meeting to be held with all entities within the county and area legislators to review common themes amongst local jurisdictions. Jeremy Carter noted that he is working with the Silver Lake City Administrator on contacting other cities in the county and putting together a list of the top items to be discussed with the legislators. The hope is to have the meeting in mid - February. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 8:40 p.m. Motion carried unanimously. Steven W. Cook Mayor ATTEST: Jeremy J. Carter City Administrator