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02-11-2014 CCMMINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 11, 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 Paul Baker, Bethlehem United Methodist, 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 28, 2014 Motion by Christensen, second by Forcier, 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. 14240 — A RESOLUTION IN SUPPORT OF MCLEOD COUNTY SINGLE SORT RECYCLING PROGRAM 2. ORDINANCE NO. 14 -720 - AN ORDINANCE AMENDING SECTION 2.04 OF HUTCHINSON CITY CHARTER — FORM OF GOVERNMENT — ELECTIVE OFFICERS (SECOND READING AND ADOPTION) (b) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON JANUARY 28, 2014 (c) APPOINTMENT OF BECKY FELLING AS CITY REPRESENTATIVE TO HUTCHINSON HEALTH BOARD TO DECEMBER 2015 (FILLING UNEXPIRED TERM OF ERIC YOST) (d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B Item 7(e) was pulled for separate action. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 7(e). Motion carried unanimously. Motion by Czmowski, second by Arndt, with Forcier abstaining, to approve Item 7(e). Motion carried unanimously. CITY C'OUNC'IL MINUTES TEBR UARY 11, 2014 8. PUBLIC HEARINGS — 6:00 P.M. (a) ORDINANCE NO. 14 -721 - AN ORDINANCE ALLOWING THE HARBORING OF CHICKENS WITHIN CITY LIMITS (FIRST READING, SET SECOND READING AND ADOPTION FOR FEBRUARY 25, 2014) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that at the last Council meeting, several suggestions were brought forth to the draft ordinance pertaining to harboring chickens. These suggested changes have been incorporated into the latest draft of the ordinance and include such things as no fencing requirements due to the coops being enclosed, changing maximum number of chickens from four to six, not allowing crowing birds versus roosters, changing the size of the coop and run area, decreasing setback to 10 feet, removing language pertaining to impounding, not requiring a public hearing before a license is granted and adding a section on fostering chickens. Mayor Cook mentioned that he reviewed other ordinances and spoke to other cities regarding their chicken ordinances. Mayor Cook learned from other cities that their restrictions included the following: coop /run being at least 35 feet from adjoining residential structures, four birds max was the average, no roosters or crowing birds, no chickens over four weeks old in the house or garage, no butchering, no breeding, no cockfighting, no commercial use /purpose — on or off premises, owners of chickens has to live on the property, food stored outside needs to be contained in a covered metal animal proof container, maximum coop size 10 sq ft, maximum run size 20 sq ft per bird, minimum coop size 2 sq ft and run 10 sq ft per bird, maximum height of coop or run six feet above ground, minimum height of coop and run is four feet, coop needs to be 12 " -24 ", coop should have window that can open for ventilation, detailed site plan drawn to scale, located in well drained area, birds kept in enclosed coop or enclosed run at all times, birds kept in coop from sunset to sunrise, bi- annual license, requires sign off by neighbors each time or alternative could be one year for first renewal and then two years thereafter, license approved by administrator /staff if meets requirements. Other items the mayor learned from other cities of things to consider were: should screening be required, composting of feces and discarded feed, dead animals disposal, four chickens equals one dog on relation to animal limit, limit on number of permits, rescue bird provision ok, but limits to 8 birds and only on large lot size, neighbor consent forms, license applications /with requirements listed, points of interest /warnings. Mayor Cook mentioned that the cities he spoke with had minimal issues with chicken harboring. John Dietel, 185 Arch Street, presented before the Council. Mr. Dietel commented that he was comfortable with the suggested changes from the last meeting, however he does not feel that more regulations need to be added from the proposed list. Mr. Dietel did comment that he is opposed to the neighbors' consent requirement when it is not necessary to get neighbors' consent for owning a dog. If roosters are not allowed, there is no need to have language restricting cock fighting or breeding. Mr. Dietel also noted he is in favor of a mobile coop so that chickens have a fresh place each day. Mr. Dietel also commented that he feels a 10 foot setback is more than ample. Council Member Czmowski noted he was in favor of a maximum number of six chickens as opposed to four. Council Member Christensen noted that she has heard many comments of residents opposed to allowing chickens within city limits. Council Member Arndt noted that he has received feedback of residents opposed to allowing chickens as well. Council Member Czmowski noted that he has received various feedback both for and against. Council Member Czmowski noted that he feels the neighbors' consent is an important piece of the ordinance. Council Member Forcier explained that provisions need to be put in place that chicken owners will follow. Jan Brown, 445 Hassan Street, presented before the council. Ms. Brown expressed that she is opposed to allowing chickens in city limits. Ms. Brown asked questions about the neighbors' consent and clarified the term adjoining neighbors. Ms. Brown also raised concerns with the health of the animals. Ms. Brown felt that allowing chickens would lead to allowing other farm animals in city limits. Ms. Brown also clarified that foster residents would need neighbors' approval as well. Ms. Brown asked if a neighbor had approved chickens and then wanted to rescind that approval. Mayor Cook noted that would be part of the application/renewal process. Ms. Brown expressed that allowing chickens on top of all other types of nuisances is problematic. CITY COUNCIL MINUTES TEBRUARY II, 2014 Council Member Christensen expressed that if chickens are allowed, very strict regulations must be put in place such as no roosters or crowing birds should be included in the ordinance. Coop height minimums and maximums need to be put in place. Coop setbacks need to be set. Motion by Arndt, second by Forcier, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Christensen, to reject chicken ordinance. Roll call vote: Christensen — aye; Arndt — aye; Forcier — nay; Czmowski — nay; Cook — aye. Motion carried 3 to 2. 9. COMMUNICATIONS, REQUESTS AND PETITIONS (Pui pose: to provide Council with information necessrny to craft wise policy. Always looking toward the future, not monitoring past) (a) DISCUSSION ON USING FUTURE ADDITIONAL LOCAL GOVERNMENT AID APPROPRIATIONS IN THE GENERAL FUND Mayor Cook mentioned that now would be a good time to discuss how to utilize additional LGA funds that are not earmarked for facilities capital expenditures. Mayor Cook suggested using some of this money to help reduce the levy in 2015 since there will most likely be a 5% debt levy increase. By using some additional LGA funds, the levy could be kept flat for 2015. Another use suggested was creating a fund for miscellaneous construction repairs such as sidewalk repairs, street lighting, etc. Jeremy Carter, City Administrator, noted that he would like direction from the Council on how the additional LGA funds can be utilized for in the general fund. Mayor Cook expressed that using funds for capital projects is a great way to use the funds, however any additional LGA funds should be utilized to reduce tax levies. Council Member Christensen would like the funds used to reduce the tax levy. Council Member Czmowski expressed the same. It was clarified that not all of the funds would be used, but a portion of the funds. Council Member Arndt asked about a funding source for automatic meter reading. Mr. Carter noted that this could be funded from enterprise funds or capital funds. General budget dollars are not ideal for this type of project. However, Mayor Cook mentioned that the additional 2014 LGA dollars have not been earmarked, so potentially they could be put towards this project. Council Member Forcier noted that he would like the funds utilized to lessen the tax burden. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ESTABLISHMENT OF PART -TIME RECREATION FACILITY MAINTENANCE TECHNICIAN POSITION AND ELIMINATION OF ARENA/REC CENTER MAINTENANCE SPECIALIST POSITION Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that due to the early retirement incentive program, a position remains vacant. Based on a review of the department, staff is recommending a restructuring within the department. The restructure would consist of reclassifying the position to a Grade 2 position and reducing the number of hours to 32 per week. Other positions within the department will resume some duties of the position that has been vacated and the new position will focus mainly on custodial duties and operation duties at the arena and recreation center. The position will fluctuate between indoor and outdoor duties based on the season and the needs of the department. Motion by Czmowski, second by Forcier, to approve establishment of part -time Recreation Facility Maintenance Technician position. Motion carried unanimously. CITY COUNCIL MINUTES TEBRUARY 11, 2014 Motion by Czmowski, second by Forcier to eliminate the Arena /Rec Center Maintenance Specialist position. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO PRE- DESIGN /DESIGN A NEW REFRIGERATION SYSTEM FOR THE CIVIC ARENAS John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the Facilities Committee has been working with Parks /Recreation staff on the needs of the civic arena facilities. This project has moved up on the priority list due to demands of the use of the facility and equipment needs. The variety of specialized projects within the arenas required that a technical assessment be completed by an outside entity with the appropriate qualifications. Stevens Engineers, Inc. was selected in late 2012 to complete a site assessment and provide project estimates and different options for replacing outdated facility components and failing equipment. Stevens Engineering completed a report and the recommendations and project phasing has been incorporated into the Facilities Plan over the next four years. In 2013, major ice system mechanical failures and system problems occurred and were expensive and significant to the risk of losing sheets of ice. Because of these issues, the Facilities Committee determined that system replacements should occur sooner than later. The agreement before the Council is to create plans and specifications for the first phase of civic arena improvements. The project includes replacement of the R -22 refrigeration system, which will no longer be produced by 2020, with an ammonia system. Other items included in the first project phase design include refrigeration room improvements, ventilation, plumbing, electrical, mold remediation and waste heat recovery enhancements. The not to exceed amount is $115,960. Mayor Cook expressed that he would like a better chance to review the study since it was sent out today and has a lot of information included in it. Mayor Cook noted that with projects of this size, perhaps a workshop should be held. Mayor Cook suggested that, if this project is approved this evening, that a workshop be held prior to the next meeting. Mr. Carter suggested holding a workshop after the predesign work is done so the Council can review it. The timeline would be reviewed and revised as needed as the project moves along. It will be beneficial for the plans and specifications phase 1 design work to be completed. Mayor Cook would like the workshop to review options to plans. Mr. Carter noted that there most likely will be items that will be able to be done in -house to save costs. Motion by Czmowski, second by Forcier, to approve professional services agreement with Stevens for a new refrigeration system at the civic arenas. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ENDS STATEMENTS Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the Council held a workshop on January 14, 2014, to review the Ends Statements that were last revised in July 2012. These ends statements include the main goals of the six core areas including public safety, health and recreation, transportation and mobility, economic development, environment and good government. In addition, long term goals are established as part of the ends statements along with a list of completed ends. The revised document before the Council this evening includes long term Ends that were revised or completed. Mayor Cook mentioned that EconoFoods needed to be added to the list of on -going long term ends.. Another workshop will need to be set to finish reviewing the long term ends. CITY C'OUNC'IL MINUTES TEBR UARY 11, 2014 Motion by Czmowski, second by Christensen, to approve revised Ends Statements. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS CODE OF ETHICS POLICY Mayor Cook noted that establishing a code of ethics policy has been on the Council's ends statements since 2010. Mayor Cook noted this is not being reviewed because of any current problems, but rather more as a reminder to staff and board members to be cognizant of and how to best protect themselves. Motion by Christensen, second by Arndt, to approve setting Council workshop for March 25, 2014, at 4:00 p.m. to discuss code of ethics policy. Motion carried unanimously. 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) HUTCHINSON EDA BOARD MINUTES FROM NOVEMBER 27, 2013 AND DECEMBER 19, 2013 (b) HUTCHINSON UTILITIES COMMISSION BOARD MINUTES FROM JANUARY 2, 2014 (c) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM DECEMBER 23, 2013 (d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 4, 2013 (e) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR DECEMBER 2013 13. MISCELLANEOUS Bill Arndt — Council Member Arndt mentioned that McLeod For Tomorrow held a well - attended Winter Fest event. Gary Forcier — Council Member Forcier stated that he has noticed around town that fire hydrants are buried. Council Member Forcier asked residents to "adopt a fire hydrant" and clean them out from the snow. Council Member Arndt also asked that mailboxes be kept clear of snow as well. Jeremy Carter — Mr. Carter mentioned that a legislative platform meeting is being held this week with other municipal entities to establish a list of items to discuss with legislators. Council Member Arndt and Mayor Cook will be attending the meeting. Mr. Carter also mentioned that a workshop should be set for the Council to review the tree diversification policy. Motion by Arndt, second by Cook, to set Council workshop for February 25, 2014, at 4:30 p.m. to review tree diversification policy. Motion carried unanimously. Mr. Carter also noted that the Council will need to finish reviewing the Ends Statements document. He asked the Council to keep in mind a workshop dates within the next couple of months. Kent Exner — Mr. Exner explained that he received communication from MnDOT that the number of applications for the Transportation Alternatives grant is on the low side. Therefore, more funding will be available to those who have submitted applications. These funds are earmarked to be available in 2017 and 2018. Mr. Exner is proposing to add a Roberts Road trail system from CITY COUNCIL MINUTES TEBRUARY 11, 2014 Roberts /School to the Roberts Park entrance. This additional piece is estimated at $100,000. This would be delivered as one project, most likely in 2018. Mr. Exner is presenting this Friday on the project to MnDOT. He requested that the Council act on this item granting authorization to apply for additional funding. The City would be responsible for 20% match of the grant application. Motion by Forcier, second by Cook, to include Roberts Road trailway in the Transportation Alternatives grant application. Motion carried unanimously. Mayor Cook — Mayor Cook mentioned that he sits on a regional telecommunications board. A federal engineering group reviewed the ARMER radio system and is now looking at the next generation of 911. The Board approved a report for 911 upgrades over the next 15 years. The Board is recognizing additional costs to local and state agencies, and this topic should be discussed with state legislators. 14. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:20 p.m. Motion carried unanimously. Steven W. Cook Mayor rol ATTEST: Jeremy J. Carter City Administrator