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02-12-2002 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 12, 2002 1. CALL TO ORDER - 5:30 P.M. Mayor Marlm Torgerson called the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Gary Plotz, City Administrator and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION - Due to the absence of Rev. Jim Hall, Word of Life Outreach Center, the invocation was dispensed. 3. MINUTES (a) REGULAR MEETING OF JANUARY 22,2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. UTILITIES COMMISSION FINANCIAL REPORT FOR NOVEMBER 2001 2. UTILITIES COMMISSION FINANCIAL REPORT FOR DECEMBER 2001 3. HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR JANUARY 2002 4. BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2002 5. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM DECEMBER 6,2001 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-305 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR PROPERTY (RA VENWOOD DEVELOPMENT) TO BE REZONED FROM R4 TO R3 2. ORDINANCE NO. 02-306 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PORTION OF PROPERTY (MODERN MAZDA) TO BE REZONED FROM Rl TO I/C 3. RESOLUTION NO. 11874 - A RESOLUTION ESTABLISHING LOCATIONS FOR TRAFFIC CONTROL DEVICES 4. RESOLUTION NO. 11875 - A RESOLUTION ESTABLISHING PUBLIC MATCH, RESPONSIBILITY AND SIGNATOR FOR CENTRAL MINNESOTA EMERGENCY SERVICES TRAINING CENTER GRANT 5. RESOLUTION NO. 11876-ARESOLUTION AUTHORIZING PARTICIPATION IN HOME RENTAL REHABILITATION PROGRAM 6. RESOLUTION NO. 11877 - A RESOLUTION FOR PURCHASE OF SEMI- TRACTOR (c) CONSIDERATIONFORAPPROV AL OF TEMPORARY ON-SALE LIQUOR LICENSE FOR GOPHER CAMPFIRE CLUB ON FEBRUARY 22, 2002 (d) CONSIDERATION FOR APPROV AL OF STATE PREMISE PERMIT RENEWAL FOR CITY COUNCIL MINUTES - FEBRUARY 12,2002 ELKS LODGE 2427 (e) DESIGNATION OF DEPOSITORY RELATIONSHIP FOR PAYMENT LOCK BOX PROCESSING WITH AMERICANA NATIONAL BANK IN ALBERT LEA, MN (f) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR RENEE SCHMELING (g) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR RANDY DEVRIES, DOUG JOHNSON, GARY PLOTZ AND MARLIN TORGERSON TO CHICAGO, ILLINOIS FROM FEBRUARY 24 - 26,2002, TO VIEW COMPOST MIXING EQUIPMENT (h) CONSIDERATIONFORAPPROV AL OF OUT-OF-STATE TRAVEL FORLISAGRINA TO DETROIT, MICHIGAN FROM FEBRUARY 19 - 20 TO EVALUATE LOGIS SOFTWARE PACKAGE (i) CONSIDERATION FOR APPOINTMENT TO PLANNING COMMISSION Mayor Marlin Torgerson appointed Kathy Hanneman to the Planning Commission. Motion by Mlinar, second by Hoversten, to approve consent agenda, with exception ofItem 4(g). Motion carried unanimously. Item 4(g) was pulled for further discussion. Randy DeVries, Director of Water/Wastewater/Resource Recovery, presented that the equipment being evaluated in Chicago is needed to mix specific products at the compost site. This piece of equipment is needed to progress further in the project ofthe compost site. The main reason for out-of-state travel is due to the fact that there are no other municipalities that use this type of equipment, therefore it is necessary for city staff to travel to locations that have the appropriate, up-to-date equipment. Gary Plotz, City Administrator, noted that trips such as these have been very productive in the past for reviewing various pieces of equipment. An alternative to traveling to the site would be to hire an engineering firm to evaluate the types of equipment needed. Mr. Plotz further noted that by having city staff evaluate and sample the equipment, hands-on, it gives them a better idea as to how the equipment will operate. Randy DeVries stated that the entire trip will cost approximately $1000 and has been budgeted in the capital plan of the Compost fund. Mayor Torgerson noted that he has asked city staff to present a synopsis ofthe compost site project in April to educate the public on the products and services that are and will be available in the near future. Motion by Mlinar, second by Haugen, to approve out-of-state travel for Randy DeVries, Gary Plotz, Doug Johnson and Marlin Torgerson to Chicago, Illinois to view compost mixing equipment. Duane Hoversten motioned, second by Peterson to amend the motion to allow up to four people to attend this trip. Motion carried unanimously. 2. PUBLIC HEARING - 6:00 P.M. - NONE 3. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION BY "HIS STANDARDS" Representatives from "His Standards" presented before the Council. This group voiced concerns regarding adult-oriented (pornographic) materials supplied in local gas stations. The group stated that they would like the community "cleaned up" and have this material 2 CITY COUNCIL MINUTES - FEBRUARY 12,2002 removed from the area. They also voiced concerns that the current city ordinance is not being enforced. They stated that they had contacted the local police department with the enforcement issues and felt that they were "blown off' with no action being considered. They are requesting that the ordinance either be revised or actively enforced. The group has also developed a petition to remove pornography from the area. They also voiced opinions and statistics that these types of materials aid in the development of criminal activity, abuse, divorce, etc. and are very degrading towards women. John Mlinar asked the group what they would like to see changed in the ordinance. The representatives stated that the ordinance currently states that the material must be in an opaque cover with only the title shown. However, these materials are not in such a cover and show the entire front cover of the material, which usually show a lude picture of women. They either want this enforced or they want the material pulled from the shelf if it is not enforced. Mayor Marlin Torgerson assured the group that the local ordinance will be enforced and the Council has the power to make sure that that happens. Marc Sebora, City Attorney, stated that the representatives are correct in their understanding of the ordinance. Mr. Sebora offered to meet with the group to speak about the ordinance and those businesses in violation as well as discuss with them the response they received from local law enforcement. John Mlinar noted that a similar issue was brought up approximately nine years ago and as time goes by, enforcement tends to lax. He thanked the group for addressing the Council with this issue. 4. UNFINISHED BUSINESS 8. NEW BUSINESS (a) CONSIDERATION FOR SETTING CONTINUATION OF VISIONING WORKSHOP FOR FEBRUARY 19,2002, AT 12:00 NOON (b) CONSIDERATION FOR SETTING JOINT MEETING WITH UTILITIES COMMISSION FOR FEBRUARY 19,2002, AT 3:00 P.M. (c) CONSIDERATION FOR SETTING CLOSED MEETING TO DISCUSS MELIN LITIGATION Motion by Haugen, second by Peterson to set closed meeting for February 19,2002, at 11 :30 a.m., Visioning Workshop for February 19,2002, at 12:00noon and Utilities Meeting for February 19,2002, at 3:00 p.m. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH DONOHUE & ASSOCIATES FOR ADDITIONAL ENGINEERING SERVICES FOR BIOSOLIDS DRYING FACILITY Randy DeVries, Director of Water /Wastewater/Resource Recovery, stated that a sprinkler system, as well as a few other items, need to be added to the original Biosolids design plan. This agreement encompasses the design ofthe fire suppression equipment. Duane Hoversten questioned why the engineering firm did not originally include this in the plans. Randy DeVries stated that the original plan received an acceptable rating, that did not include the fire suppression equipment. After an additional rating, it has been made mandatory that this equipment be installed. Marc Sebora noted that this agreement is to approve the design of the fire suppression 3 CITY COUNCIL MINUTES - FEBRUARY 12,2002 equipment, not the actual equipment. Duane Hoversten stated that he feels that Donohue & Associates should pay for at least half of these services, due to the fact they probably should have included them in the original plan. John Mlinar asked for clarification whether or not the equipment inside the building will operate appropriately. Randy DeVries assured the Council that the equipment will operate appropriately. Marc Sebora stated that the City is in a Catch 22 position. In order to open the Biosolids facility again, this equipment will need to be installed. Motion by Peterson, second by Haugen, to approve the engineering services agreement. Duane Hoversten requested that negotiations be made with Donohue & Associates to reduce the cost of the design fee to the City. Motion by Hoversten, second by Mlinar, to amend the motion to request that the maximum amount not exceed $6500. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinar noted that the last meeting of the 212 Corridor was held last month. A resolution is being requested by the cities along Hwy 212, and Hutchinson will be included in the approval ofthis resolution. Hutchinson is involved with this project because of the value of the Hwy 22 connection with Hwy 212. This resolution will be on the next council agenda for approval. Mr. Mlinar commended Terry Davis on the information he provided regarding the railroad. This presentation will be on the local access channel in the near future. Gary Plotz - Mr. Plotz noted that the he, Ken Merrill and the Mayor took part in the legislative hearing at the Capitol. This group presented to legislature the drastic reduction in funding as compared to other cities in Minnesota. A bill was proposed to increase local government aid by $500,000 to Hutchinson. Mayor Torgerson made it very apparent at the hearing that Hutchinson is definitely on the "short hand of the stick". John Rodeberg - The Crow River Dam preliminary designs have been presented. Mr. Rodeberg requested that one council member be part of an organized group to brainstorm ideas as far as what they would like this area to look like. Kay Peterson and Marlin Torgerson volunteered to be part of this group. The Central Minnesota Emergency Training Center is in the design phase of the development ofthis project. The MPCA has permitted the City of Hutchinson to lead Phase II ofthis project, with the MPCA covering all expenses. This will allow for better control of the timing of the project. The City is working on a contract with Barr Engineering and a Joint Powers Agreement with the MPCA. Mayor Torgerson noted that Representative Ness assured him that funds are available for this project. Neighborhood meetings are being planned for those residents in areas where improvement projects are planned. Notices will be sent to those affected. The state faces the possibility of losing $100 million in federal highway funding. Mr. Rodeberg noted that this may directly affect the City of Hutchinson regarding future development, in particular proposed improvements to TH7 in 2006 & 2007. 4 CITY COUNCIL MINUTES - FEBRUARY 12,2002 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, with Hoversten abstaining to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Mlinar, second by Haugen, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 11. ADJOURN With no further business to discuss, the meeting adjourned at 6:30 p.m. 5