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12-26-1978 CCM (2)MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 26, 1978 1. CALL TO ORDER The meeting was called to order by Mayor Black at 7:42 P.M., with the following members present: Aldermen Westlund, Peterson, Gruenhagen and Huntwork, in addi- tion to Mayor Black. Absent: None. Also present were: City Engineer/Public Works Director Priebe and City Attorney Schantzen. 2. INVOCATION In the absence of the Reverend E. David Natwick, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting dated December 12, 1978 and Special Meetings dated December 14, 1978, December 19, 1978 and December 26, 1978 were approved upon motion by Alderman Westlund, seconded by Alderman Peterson, and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) 1979 IMPROVEMENT PROJECTS 1) 79-01 4) 79-04 2) 79-02 5) 79-05 3) 79-03 6) 79-06 Mayor Black opened the Public Hearing at 3:00 P.M. by commenting on the 1979 improvements that will be taxed back to the abutting property owners and ex- plained the procedure for improvements and assessments. 1) 1979 IMPROVEMENT PROJECT (79-01 Mayor Black read Publication No. 2110, Notice of Hearing, Project 79-01 for the installation of sanitary sewer and watermain for the following areas: a) An Extension of Clifton Heights b) Roberts Road South of Sibley Drive c) Rolling Oaks Lane d) Michael Court e) Seventh Avenue N.W. from Shady Ridge Road to School Road f) School Road From North Line of Rolling Oaks Third Addition to Seventh Avenue N.W. g) Sherwood Circle h) Lakeview Lane from School Road to Roberts Road Council Minutes December 26, 1978 The estimated cost is $234,000.00. City Engineer/Public Works Director Priebe showed the location of the various projects by means of an overhead projector. He stated that some assessments would be deferred and borne by the City since this area is undeveloped. Mayor Black asked if there was anyone present who wished to be heard There was no response. 2) 1979 IMPROVEMENT PROJECT (79-02) Mayor Black read Publication No. 2111, Notice of Hearing, Project 79-02 for the installation of storm sewer for the following areas: a) An Extension of Clifton Heights b) Roberts Road South of Sibley Drive c) Rolling Oaks Lane d) Seventh Avenue N.W. from Shady Ridge Road to School Road e) Sherwood Circle f) Echo Drive Area The estimated cost is $118,000.00. Following the City Engineer/Public Works Director's presentation, Mayor Black opened the hearing to the public and asked if there was anyone present wishing to be heard. The following were present and made inquiries regarding Project 79-02: John Horrocks Asked if the storm sewer would be put in 710 Shady Ridge Road at the same time as sewer and water serv- ice is installed or if it would be done separately. Marlow Priebe Although it is a continuous project, the City Engineer work would be done at different times, and perhaps by different contractors, but dur- ing the same construction year. 3) 1979 IMPROVEMENT PROJECT (79-03 Mayor Black read Publication No. 2112, Notice of Hearing, Project 79-03 for the installation of curb and gutter in the following areas: a) Hassan Street from Third Avenue S.E. to Sixth Avenue S.E. b) High Street from Fourth Avenue N.E. to T.H. 7 East c) Hilltop Lane in Hilltop Addition -2- Council Minutes December 26, 1978 d) Connecticut Street from the South Line of Hilltop Addition to Campbell Lane e) Campbell Lane from Connecticut Street to Shady Ridge Road f) Shady Ridge Road from South Line of Rolling Oaks Lane to South Line of Shady Ridge Addition The estimated cost is $155,000.00. Mayor Black asked if there was anyone present who wished to be heard. The following were present and made inquiries regarding Project 79-03: Unidentified Man Asked about the project on Hassan Street Hassan Street and stated there is nothing wrong with the present curbing and sewer so sees no need for this work when it is okay now. Doesn't feel the property owners should have to pay for the project when curb and gutter are still in good condition. Tom Stibal Commented on condition of curbing on Fifth 526 Hassan Street S.E. and stated there is no crack in the curbing. Asked if it is being proposed that the pres- ent curbing would be broken off or an addi- tion put on to it. Marlow Priebe Commented that it is more reasonable to re - City Engineer move the present curbing and replace it. Kenneth Koehler Asked if credit would be given for any curb 43 Sixth Avenue S.E. and gutter in good condition. John Horrocks Asked for cost per foot of curb and gutter 710 Shady Ridge Road on High Street. Stated he just recently paid for water service to the apartments. Feels the additional costs are hurting his business operation. Marlow Priebe Responded that the high cost for the last City Engineer assessment made for curb and gutter was $6.83 per foot. Mrs. Minnie Albrecht Doesn't see how she can pay for the cost 428 High Street N.E. of the assessment on the project as she is a senior citizen. Doug Van Orden Feels the project is a losing proposition Agent for Gavin, on the property. Gavin & Olson Ltd. -3- Council Minutes December 26, 1978 Mrs. Tim Saulsbury Stated she did not receive a letter re - 419 Connecticut Street garding the public hearing. Could not pay for the curb and gutter assessment. Asked what good it does to oppose a project as the City will do as it wants. Marlow Priebe Reported that the City has never established City Engineer a construction time for Shady Ridge Road as has been done for other subdivisions since too many subdivisions are involved. Some individuals have asked about the road in this area, and it is going to require curb and gutter at some future time. John Miller Directed an inquiry to Alderman Huntwork 714 Shady Ridge Road regarding his personal tour of the proposed improvement project areas and asked if the area around Hutchinson Industrial Corpora- tion had been considered for improvements or if Jon Geiss was getting special favors. Alderman Huntwork Informed the audience that he toured all the proposed projects to justify the need for each of the projects. He felt Shady Ridge Road was in need of work done on it, but he didn't feel it should be done over the objections of the property owners in the area. No special favors have been given in any instance. Jim McClure Stated he had attended last year's hearing 1301 Campbell Lane for storm sewer. He had understood that curb and gutter project would be put off for several years. At the hearing for storm sewer, some of the people were quiet while others felt it should be dropped. Wondered why a section in the middle of a road is being done instead of the whole thing. Asked for the response of the Council mem- bers regarding this matter. Mayor Black Responded that in the Council minutes it shows this project was held over and after considerable debate, a motion was made to proceed with the storm sewer in the area, and improvement of curb and gutter would be deferred for a considerable period. When the Council first considered the project -4- Council Minutes December 26, 1978 list, the area under discussion tonight, he had asked that it be removed from the project list. At a later date it was asked to be put back on the list of 1979 projects. That is why it is on the list again for consideration. The street needs curb and gutter but the Council said this type of improvement would be deferred for a reason- able period of time (i.e. five years) so storm sewer would be paid. Robert Carney Last year he thought all the Council mem- 465 Shady Ridge Road bers felt there was no need for a storm sewer. There was one or more Aldermen who thought this project should be put in so got curb and gutter. Wanted to know who is asking for curb and gutter in this area. Marlow Priebe Commented that two operations should not be City Engineer done for road - curb and gutter. Tf the road is moved, the curb should be put in at the same time. Robert Carney All forms of government seems to be telling 465 Shady Ridge Road the citizen what to do and what is best for them. Finish off the storm sewer and let it go at that. Assess the property owners and quit at that point. Gary Miller Commented he is developing north end of Con - 1215 Hwy. 7 West necticut Street. Wondered if he could be permitted to wait until the land is all built up and then put in curb and gutter. Tom Dolder Would like to see the property owners who 425 Shady Ridge Road built houses this last year be able to de- velop their property before curb and gutter are put in. Harley Albers Would like to wait for development of land. 405 Shady Ridge Road Dick McClure Stated he is against curb and gutter. Could 522 Shady Ridge Road get along with hard surface. Has requested three times for the Police Department to pa- trol the street. Have had to stop speeders and turn them in to Police Department. Will patrol the street themselves if necessary. Many of the speeders are from the area. -5- Council Minutes December 26, 1978 Don Glas Talked with people who live on the property 475 Shady Ridge Road and have to pay for the assessment. Thought this project was going to be held off for three to five years. Mayor Black Commented that he didn't know if they had offered to put out a warrant against the speedster, but this is law and required be- fore the Police Department can do anything. Pointed out that last year's decision made by one Council is not binding on another Council. Robert Carney Agreed that the previous decision was not 465 Shady Ridge Road binding on this Council. The people are giving the Council their input so please hear them. Mayor Black The Council wants the input from the public; however, they have the right to make the de- cision, but it is not binding to them. Alderman Westlund Felt that storm sewer was necessary. Has no feeling about curb and gutter in Shady Ridge. Alderman Peterson Feels that curb and gutter should be done in the future. He also wanted to go on record that if he ever gives special treat- ment to certain groups or individuals, he will quit the Council. Alderman Gruenhagen Certain projects have to be done each year in order to maintain order. The people at the hearing last year approved the storm sewer but not curb and gutter. Felt they should grant and honor their wishes. Dick McClure Why does the curb and gutter stop before it 522 Shady Ridge Road gets to Rolling Oaks? What about the bot- tle neck? Do it at once so it won't be torn up again later. Marlow Priebe Stated the property south of Hilltop Addi- City Engineer tion down to Crow River Press is owned by Mr. Ziemer and is undeveloped. Do not have right-of-way to property. Council Minutes December 26, 1978 Harley Albers 405 Shady Ridge Road Alderman Huntwork Pat Mikulecky 385 Connecticut Street Don Erickson 731 Shady Ridge Road 4) 1979IMPROVEMENT PROJECT (79-04 There are two bad spots at the end of the road. Commented he has not heard any argument applied about saving money or dust or chuck holes. Most of the people are young groups who are not financially established yet. Pointed out there was some opposition on projects last year. Mayor Black read Publication No. 2113, Notice of Hearing, Project 79-04 for the installation of bituminous surfacing in the following areas: a) Rose Lane in Johnson's Terrace b) Michigan Street from Arch Street to 600' North c) Seventh Avenue S.E. from Main Street to Hassan Street d) Sixth Avenue S.E. from Main Street to Jefferson Street e) Lakeview Lane from Roberts Road to McDonald's Drive f) Roberts Road West of Lakeview Lane g) Third Avenue S.E. from Hassan Street to Adams Street h) Hassan Street from Sixth Avenue S.E. to Oakland Avenue i) Ivy Lane from Seventh Avenue S.E. to Oakland Avenue The estimated cost is $294,000.00. Mayor Black reported he had received a petition signed by 13 individuals re- garding the project on Hassan Street from Sixth Avenue S.E. to Oakland Avenue for the installation of bituminous surfacing on Hassan. He then asked if there was anyone present wishing to be heard. The following were present and made inquiries regarding Project 79-04: Alton Wicklund Sees no problem on the road. There is no 605 Main Street S. need for trucks to travel on it, and the surface is good enough for cars. Mrs. William Nelson Commented her property is on Main Street 597 Main Street S. but abuts Sixth Avenue South. Feels the surface is pretty good and other streets in town need work done more than this one. Marlow Priebe Reported there is only a temporary gravel City Engineer surface on Michigan Street from Arch Street to 600' North. There have been complaints of dust. -7- Council Minutes December 26, 1978 5) 1979 IMPROVEMENT PROJECT (79-05) Mayor Black read Publication No. 2114, Notice of Hearing, Project 79-05 for grading and installation of gravel base in the following areas: a) Seventh Avenue N.W. from Shady Ridge Road to School Road b) School Road from T.H. #7 West to Seventh Avenue N.W. The estimated cost is $42,000.00. Mayor Black asked if there was anyone present who wished to be heard. The following were present and made inquiries regarding Project 79-05: Waldo Haag 420 School Road 6) 1979 IMPROVEMENT PROJECT (79-06) Inquired about the grading for his road. Mayor Black read Publication No. 2115, Notice of Hearing, Project 79-06 for the installation of curb and gutter and bituminous surfacing in the follow- ing areas: a) East Highland Park Drive from Service Road to North Termini b) Highland Park Area Service Drive c) Oakland Avenue Service Drive Widening d) Hospital Parking Lot The estimated cost is $139,000.00. Mayor Black asked if there was anyone present who wished to be heard. The following were present and made inquiries regarding Project 79-06: Rolland Jensen Asked about the cost of assessing this 534 E. Highland Park project. Mrs. Ed Froemming Wondered about assessment when property 505 Hwv. 7 East is on a corner lot. Mayor Black Stated that curb and gutter assessment for a corner lot is for each side of the road. Bituminous surfacing is based on the long side, and the City pays for the cost of the short side. The property owner is not assessed on both sides if the surfacing was put in at a prior time on the short side and long side is put in at this time. The property would be given credit for the assessment on the short side. Unidentified Man Highland Park Drive Asked about the cost involved. Council Minutes December 26, 1978 Marlow Priebe City Engineer Steve Horky 525 Highland Park Drive .john Horrocks 710 Shady Ridge Road Mayor Black Ken Santelman 620 Hwy. 7 East Mr. Priebe broke the cost down as follows: $7.85 for curb and $22.15 for surfacing for a total 1979 estimate of $30 per front foot. Asked about paying off assessment and period of time. Wanted to know who pays for the cost of surface road. Responded that the City pays for the curb and gutter out of the general funds. The property from Michigan to Clifton Heights is undeveloped and mainly farmland. Wanted to know about assessments if it is never used. Mayor Black Stated the cost would be deferred until such time as the first platted lost is sold. No assessment is due until first lot is sold, and then it would be assessed. Ken Santelman 620 Hwy. 7 East How would you go through this area? Mayor Black Responded it would require an easement from the property owner. Oversizing is not charged against the property. Pay only for surfacing used. John Horrocks Felt the Council should consider that the 710 Shady Ridge Road part being considered for curb and gutter has been satisfactory up until the time that the road was dug up for surface. The road should be satisfactory for many more years. Carries very little more traffic than it did before houses were added. Mayor Black Commented that one of the problems is that of leapfrog development. Services have not been put in and development has been helter- skelter. He feels he would have to defend the City policy because decisions were made where there was opposition. Commented about some streets some years back which broke up in the spring and made it almost impossible to get around town. Unless a certain amount of work is done each year, the project will not get done. Council Minutes December 26, 1978 Robert Carney 465 Shady Ridge Road John Horrocks 710 Shady Ridge Road Pat Mikulecky 385 Connecticut Street Mayor Black Marlow Priebe City Engineer Tom Dolder 425 Shady Ridge Road Mayor Black The people are only asking for a good road, but it doesn't have to be extra fancy. Feels oil coating was fine. If curb and gutter goes through, when will the paved street be put in? Commented that improvement projects are spaced out over five-year periods. In subdivisions it is up to the developer as to how much is put in at one time. If curb and gutter are put in, would not surfacing be put in? Stated a dust coat would be put on until such time as permanent surfacing is put on. There being no one else present wishing to be heard regarding the 1979 Improve- ment Projects, Alderman Westlund made the motion to close the hearing at 10:00 P.M., seconded by Alderman Huntwork, and unanimously carried., Mayor Black commented that the questions, comments and suggestions received at the public hearing should be taken into consideration for the improvement projects under discussion. After discussion, it was moved by Alderman Huntwork, seconded by Alderman Peterson, to approve Improvement Project 79-01 and waive reading and adopt Resolution No. 6252 entitled Ordering Improvement and Preparation of Plans. Motion unanimously carried. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson, to approve Improvement Project No. 79-02 and waive reading and adopt Resolution No. 6253 entitled Ordering Improvement and Preparation of Plans. Motion unanimously carried. After discussion, it was moved by Alderman Huntwork to delete the following from the 79-03 Project: Hassan Street from Third Avenue S.E. to Sixth Avenue S.E., High Street from Fourth Avenue N.E. to T.H. 7 East, and Shady Ridge Road from South Line of Rolling Oaks Lane to South Line of Shady Ridge Addition and to retain the other three projects. It was further moved to waive read- ing and adopt Resolution No. 6254 entitled Ordering Improvement and Prepara- tion of Plans. Seconded by Alderman Gruenhagen, the motion unanimously car- ried. -10- Council Minutes December 26, 1978 After discussion, it was moved by Alderman Westlund, seconded by Alderman Huntwork, to delete the following from the 79-04 Project: Seventh Avenue S.E. from Main Street to Hassan Street, Sixth Avenue S.E. from Main Street to Jef- ferson Street, Hassan Street from Sixth Avenue S.E. to Oakland Avenue, and Ivy Lane from Seventh Avenue S.E. to Oakland Avenue, and to retain the other four projects. It was further moved to waive reading and adopt Resolution No. 6255 entitled Ordering Improvement and Preparation of Plans. Motion unani- mously carried. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson and unanimously carried, to approve Improvement Project 79-05 and waive reading and adopt Resolution No. 6256 entitled Ordering Improvement and Preparation of Plans. After discussion, it was moved by Alderman Westlund, seconded by Alderman Peterson and unanimously carried, to approve Improvement Project 79-06 and waive reading and adopt Resolution No. 6257 entitled Ordering Improvement and Preparation of Plans. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR DICK WAAGE TO ATTEND JUVENILE OFFICER'S INSTITUTE JANUARY 31 - FEBRUARY 2, 1979 After discussion, it was moved by Alderman Peterson to approve the request of Dick Waage to attend the Juvenile Officer's Institute. Seconded by Alder- man Huntwork, the motion unanimously carried. (b) CONSIDERATION OF HOMER PITTMAN AND ELDEN WILLARD ATTENDING ANNUAL INSTITUTE FOR BUILDING OFFICIALS JANUARY 3-5, 1979 Following discussion, Alderman Gruenhagen made the motion to approve Homer Pittman and Elden Willard attending the Annual Institute for Building Of- ficials. Seconded by Alderman Westlund, the motion unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 16/78 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP After discussion, the motion was made by Alderman Westlund, seconded by Alder- man Peterson and unanimously carried, to waive the second reading of Ordi- nance and adopt Ordinance No. 571 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Offi- cial Zoning Map. -11- Council Minutes December 26, 1978 (b) RESOLUTION NO. 6249 - RESOLUTION FOR LAYOUT APPROVAL After discussion, the motion was made by Alderman Westlund and seconded by Alderman Gruenhagen to waive the reading and adopt Resolution No. 6249 en- titled Resolution for Layout Approval. Motion unanimously carried. (c) RESOLUTION NO. 6251 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, Alderman Peterson made the motion to waive reading and adopt Resolution No. 6251 entitled Transferring $20,000 from Liquor Store to General Fund. Seconded by Alderman Huntwork, the motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSTONS (a) MONTHLY FINANCIAL REPORT - NOVEMBER, 1978 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON PLANNING COMMISSION DATED NOVEMBER 21, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PARK AND RECREATION BOARD DATED DECEMBER 6, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED DECEMBER 12, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED DECEMBER 21, 1978 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF SELECTING CONSULTING FIRM FOR SEWAGE TREATMENT PLANT STUDY -12- Council Minutes December 26, 1978 Mayor Black reported that the City had received proposals from seven con- sulting firms relative to the Sewage Treatment Plant Study. Interviews were conducted with three firms earlier this evening, namely McCombs -Knutson Asso- ciates, Inc.; Henningson, Durham & Richardson, Inc.; and Rieke, Carroll, Muller Associates, Inc. Since a meeting will be held in St. Cloud on Jan- uary 3, 1979 regarding this study, it: is necessary to make the selection of a consulting firm this evening. It is his personal preference to select Rieke, Carroll & Muller inasmuch as they have performed work for the City since 1967 or 1968, and the work has been very satisfactory in the past. After considerable discussion, it was the consensus of Aldermen Westlund, Gruenhagen, and Huntwork to accept Rieke, Carroll, Muller, with Alderman Peterson favoring Henningson, Durham & Richardson, Inc. The motion was made by Alderman Westlund to accept the proposal of Rieke, Carroll, Muller Associates, Inc. at a cost of`p$60,000 for the Sewage Treat- ment Plant Study and to waive reading and adopt Resolution No. 6250 entitled Resolution Appointing Rieke, Carroll, Muller Associates, Inc. As Consulting Firm for Sewage Treatment Plant Study. Seconded by Alderman Gruenhagen, the motion carried, with Alderman Peterson opposed. (b) CONSIDERATION OF RECOMMENDED BID FOR RADIO CONSOLE AND MOBILE RADIOS Action was deferred until the next Council meeting upon request of Chief of Police O'Borsky. 9. NEW BUSINESS (a) CONSIDERATION OF APPLICATIONS FOR CIGARETTE AND POPCORN STAND LICENSE It was moved by Alderman Westlund, seconded by Alderman Peterson, and unani- mously carried, to approve the list of applicants for cigarette and popcorn stand licenses and to issue said licenses. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There were none to be presented for the Council meeting. (c) CONSIDERATION OF PROPOSED 1979 SEWER AND WATER BUDGET After discussion, Alderman Huntwork made the motion to approve the 1979 Sewer and Water Budget. Seconded by Alderman Westlund, the motion carried unani- mously. -13- Council Minutes December 26, 1978 (d) CONSIDERATION OF PROPOSED 1979 LIQUOR STORE BUDGET After discussion, Alderman Westlund made the motion to approve the 1979 Liquor Store Budget. Seconded by Alderman Peterson, the motion unanimously carried. (e) CONSIDERATION OF PROPOSED 1979 PARKING FUND BUDGET After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen, to approve the 1979 Parking Fund Budget. Motion carried unani- mously. nani- mously. (f) CONSIDERATION OF RESIGNATION OF BARBARA LAMP Following discussion, the motion was made by Alderman Westlund to accept the resignation of Barbara Lamp and to waive reading and adopt Resolution "To. 6248 entitled Resolution of Appreciation. The motion was seconded by Alderman Peterson and unanimously carried. (g) CONSIDERATION OF PERMANENT STATUS FOR MARY ROSE, CASHIER/RECEPTIONIST After discussion, Alderman Peterson moved to approve the permanent status of Mary Rose as Cashier/Receptionist. Seconded by Alderman Gruenhagen, the mo- tion unanimously carried. (h) CONSIDERATION OF REQUESTING UTILITIES COMMISSION TO ASSIST IN JOINT PURCHASING OF FUEL OIL The Housing Authority has requested the Utilities Commission to assist in purchasing fuel oil in order to save approximately 4� per gallon. The Utili- ties Commission has indicated they would be willing to do so upon Council rat- ification. Following discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to approve the joint purchasing of fuel oil. (i) CONSIDERATION OF AMENDING SECTION 560 OF 1974 ORDINANCE CODE CONCERNING SEWER/WATER CHARGES AND RATES Mayor Black reported that a rate study was made in 1975, and no adjustments have been put into effect since that time. It now appears necessary to make an adjustment inasmuch as the water and sewer budget shows a deficit of 21-22%. It is, therefore, his recommendation to increase the rates in a step -phase, with a 10% increase at this time. After discussion, it was the motion of Alderman Westlund to approve a 10% rate and charge increase for sewer and water. Seconded by Alderman Gruenhagen, the motion carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Gruenhagen and carried -14- Council Minutes December 26, 1978 unanimously, to waive the first reading of Ordinance No. 17/78 entitled Ordi- nance Amending Section 560 of the 1974 Ordinance Code of the City of Hutchin- son, Entitled Waterworks and Sewer Department - Rates and Charges and to set the second reading for January 9, 1979. (j) CONSIDERATION OF REQUEST FOR REZONING AS SUBMITTED BY NIEL AND LINDA DUESTER- HOEFT FROM R-2 TO C-3 (315 FRANKLIN SOUTH) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Richard Peterson appeared before the Council and requested approval for the rezoning of the lot owned by Niel and Linda Duesterhoeft from R-2 to C-3. He pointed out that First National Bank has an interest in purchasing this prop- erty for future expansion. After discussion, it was moved by Alderman Westlund that upon the recommenda- tion of the Planning Commission to waive the first reading of Ordinance No. 18/78 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regu- lations In the City of Hutchinson and the Official Zoning Map and set the second reading for January 9, 1979. Upon a second by Alderman Gruenhagen, the motion unanimously carried. (k) GENERAL DISCUSSION OF PLANNING COMMISSION PROCEDURES BY JIM DEMEYER Action on this matter was deferred. (1) CONSIDERATION OF TEMPORARY AIRPORT CUSTODIAN/CARETAKER The names of Martin Dreyer for weekdays and Michael Schmalz for Saturdays and Sundays are recommended as temporary Airport Custodian/Carketaker. After discussion, Alderman Westlund made the motion to approve employment of the two above named, with the recommendation of the Airport Commission. The motion was seconded by Alderman Gruenhagen and unanimously carried. (m) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT BY H. H. LEPEL Following discussion, it was moved by Alderman Peterson to approve the Snow Removal Permit for H. H. Lepel. Seconded by Alderman Huntwork, the motion unanimously carried. (n) CONSIDERATION OF HIRING WARMING HOUSE ATTENDANTS The following have been recommended by the Recreation Director as Warming House Attendants: -15- Council Minutes December 26, 1978 Jerome Kreckow John Madson Loren Krienke *George Butcher Darrell Torry *Kim Nelson *Work -Study Students Following discussion, Alderman Peterson made the motion to approve the hiring of the above-named individuals as Warming House Attendants. Seconded by Alder- man Huntwork, it carried unanimously. (o) CONSIDERATION OF PUBLIC WORKS DEPARTMENT WEEKEND SCHEDULES City Engineer/Public Works Director Priebe explained the past procedure for weekend scheduling for the Sewer and Water Department and Street and Park De- partment. He then requested approval to continue with one person on duty for Sewer and Water and for only one person, instead of the previous two, for Street and Park Department. Also, to establish the same weekend duty time of 5:00 P.M. on Friday to 8:00 A.M. on Monday for both departments. He further requested that the employee on duty be paid for 6 hours per day rather than the present 5 hours due to the weekend duty time period and amount of time required for daily duties, to be effective January 1, 1979. Mayor Black felt that for the amount of time involved for weekend duty, the 6 hours of pay was not adequate and recommended increasing the paid hours per day to 8. After discussion, the motion was made by Alderman Westlund to approve the pro- posed requests and increase the paid hours per day for weekend duty to 8 hours, effective January 1, 1979. The motion was seconded by Alderman Huntwork and unanimously carried. (p) CONFIRMATION OF EMPLOYMENT OF CIVIC ARENA EMPLOYEES The status of CETA funding for 1979 will not be known until some time in Jan- uary so the Civic Arena Coordinator would like to confirm employment for the following Civic Arena employees: Part-time student employee (to be filled by January 1, 1979) Robert Riebe - full-time employee Following discussion, Alderman Westlund made the motion to approve the em- ployment of Civic Arena employees as recommended. Seconded by Alderman Peter- son, the motion carried unanimously. (q) CONSIDERATION OF EMPLOYMENT OF DIANE OLSEN AS SECRETARY -16- Council Minutes December 26, 1978 After discussion, it was moved by Alderman Westlund to approve the employ- ment of Diane Olsen as secretary, effective January 3, 1979. The motion was seconded by Alderman Huntwork and unanimously carried. (r) CONSIDERATION OF SHADE TREE REIMBURSEMENT TO PRIVATE LAND OWNERS Steve Cook, Tree Inspector for the Department of Natural Resources, made a presentation to the Council regarding the Shade Tree (Dutch Elm) Program. He reported that 549 trees on private property were eligible for subsidy and 331 trees on City property were removed due to Dutch Elm disease, for a total of 880 trees. Last year the City's formula of reimbursement was for "two-thirds (2{3) of the total cost for removal to a maximum of $50 per tree." With the additional monies (approximately $12,000) appropriated under the DNR Grant Program to the City of Hutchinson, the subsidy to prop- erty owners could be increased above the prior year. The selling of logs to a contractor netted another additional $1,580. The Council will need to approve the formula for 1978. Mayor Black commented on last year's program and felt it should be followed again this year without making any change. The federal grant monies would be an addition available for 1978. Following discussion, Alderman Westlund made the motion to approve the same formula as used in 1977, with the federal monies added to the "two-thirds (2/3) of total cost for removal to a maximum of $50 per tree." Seconded by Alder- man Huntwork, the motion unanimously carried. (s) CONSIDERATION OF EXTENDED CONTRACT AGREEMENT WITH CLARENCE SIMONOWICZ FOR DOWNTOWN DEVELOPMENT PLAN The contract agreement with Clarence Simonowicz for Downtown Development ac- tivities expires on December 31, 1978. It will require Council action to extend the contract with C.R.S. & Associates through December 31, 1979. After discussion, it was moved by Peterson and unanimously carried, dates through December 31, 1979. 10. MISCELLANEOUS Alderman Westlund, seconded by Alderman to extend the contract with C.R.S. & Asso- (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz was on vacation so there was no communication from him. (b) COMMUNICATION FROM MAYOR BLACK Mayor Black commented that he has received many calls and comments from people who are going to be gone from town for a period of time and want their refuse service discontinued. He stated the policy is that water -17- Council Minutes December 26, 1978 service also has to be discontinued in order to stop refuse service. Following discussion, it was moved by Alderman Westlund to reaffirm the policy for discontinuance of water and refuse service, i.e., no charge for water or refuse if disconnected for a period of two months or more; $5.00 reconnect charge if for a period of less than two months. Seconded by Alder- man Peterson, the motion unanimously carried. Mayor Black mentioned a Government Training Service Conference to be held on Saturday, January 27, 1979 in Bloomington for newly elected officials. He suggested that some of the Council members may be interested in attend- ing and mentioned he will be participating in the program. (c) COMMUNICATION FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported that a review had been made of the water meters in town, and it was discovered that 10 properties have been incorrectly billed. In all but two cases the rate will increase. Since this was the City's error, they will be notified but not back -charged. The two overcharged will be given credit. Following discussion, it was moved by Alderman Huntwork to accept the recom- mendation of the City Engineer as stated above. Seconded by Alderman West- lund, the motion unanimously carried. (d) COMMUNICATION FROM CITY ATTORNEY City Attorney Schantzen reported that the court case with Lowell Otto had been settled,and the City now owns the agreed-upon property purchased for $1,000. He further commented that it will be necessary to contact two prop- erty owners adjacent to the Otto property. City Engineer/Public Works Director Priebe reported he will evaluate the situation and determine if the property can be cleaned of debris at this time. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Peterson and unani- mously carried, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 11:05 P.M. upon motion by Alderman Peterson, seconded by Alderman West- lund, and unanimously carried. -18-