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02-22-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 22, 1977 1. CALL TO ORDER The meeting was called to order by Vice -Mayor Westlund at 7:35 P.M. with the following members present: Aldermen Haag and K. Peterson in addition to Alderman Westlund. Absent were: Mayor Black and Alderman B. Peterson. Also present were: Administrative Assistant Plotz, City Engineer Priebe, Community Development Director Pauley, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend Howard Jones of the Vineyard United Methodist Church. 3. MINUTES On motion by Alderman K. Peterson, seconded by Alderman Haag, the minutes of the Regular Meeting of February 8, 1977 and Special Meeting of February 18, 1977 were unanimously approved. 4. PUBLIC HEARINGS - 8:00 P.M. (a) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 65 At 8:00 P.M. Vice -Mayor Westlund called to order the Public Hearing on the proposed assessment rolls. He then read Publication No. 1896, Notice of Public Hearing on Proposed Assessment Roll No. 65. There being no one present to be heard, the hearing was declared closed at 3;05 P.M. on motion by Alderman Haag, seconded by Alderman K. Peter- son, and carried unanimously. (b) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 66 Vice -Mayor Westlund called the hearing on proposed assessment roll No. 66 with the reading of Publication No. 1897. There being no one present wishing to be heard, the hearing was declared closed at 8:09 P.M. on motion by Alderman Haag, seconded by Alderman K. Peterson, and carried unanimously. (c) CONSIDERATION OF PROPOSED ASSESSMENT ROLL NO. 67 Vice -Mayor Westlund called the hearing on proposed assessment Roll No. 67 with the reading of Publication No. 1890. There being no one present to be heard, the hearing was declared closed at 8:13 P.M. on motion by Alderman Haag, seconded by Alderman K. Peterson, and carried unanimously. 0 Council Minutes, February 22, 1977 Vice Mayor Westlund pointed out that the interest rate per annum on the Assessments will be 70. He further commented that Assessment Rolls No. 65 and 67 shall be payable in equal annual installments extending over a period of ten (10) years, while Assessment Roll No. 66 shall be payable over a period of five (5) years. RESOLUTION NO. 5902 It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5902 entitled Adopting Assess- ment Roll No. 65. Motion carried unanimously. RESOLUTION NO. 5903 It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5903 entitled Adopting Assess- ment Roll No. 66. Motion carried unanimously. RESOLUTION NO. 5904 It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolution No. 5904 entitled Adopting Assess- ment Roll No. 67. Motion carreid unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR APPROVAL TO REPAIR PUBLIC REST ROOMS AT CITY HALL Vice -Mayor Westlund called upon City Engineer Priebe for comments on his memorandum. City Engineer Priebe responded by stating that he had talked to Gene Betker last fall when he was remodeling the upstairs area and requested an estimate for repair work in the rest rooms. Mr. Betker has now presented his estimate, and it is being recommended to the City Council for approval. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the repair work for the public rest rooms at City Hall for a total cost of $395.00 (b) CONSIDERATION OF RECOMMENDATION TO PERMANENTLY APPOINT: 1. Barbara Lamp - Secretary to Community Development Director 2. Homer Pittman - House Doctor 3. Jewel Orr - Dispatcher and Secretary for Recreation Dept. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to ratify the permanent appointments of Barbara Lamp, Homer Pittman, and Jewel Orr. Motion carried unanimously. -2- Council Minutes, February 22, 1977 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 5897 - RESOLUTION COMMENDING KEN ANDERSON Community Development Director Pauley commented that the attendance at the workshops held to date has been very responsive with 75, 48 and 51 individuals participating in the three workshops. He further reported on the upcoming workshops. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5897 entitled Resolution Commending Ken Anderson. Motion carried unanimously. (b) RESOLUTION NO. 5898 - RESOLUTION COMMENDING ED HOFFMAN It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5898 entitled Resolution Commending Ed Hoffman. Motion carried unanimously. (c) RESOLUTION NO. 5900 - RESOLUTION COMMENDING DUWAYNE ANDERSON It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5900 entitled Resolution Commending Duwayne Anderson. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF THE COMMUNITY CENTER BOARD DATED JANUARY 15, 1977 AND FEBRUARY 12, 1977 There being no discussion, the minutes were ordered by the Vice -Mayor received for filing. (b) MINUTES OF THE PLANNING COMMISSION DATED JANUARY 18, 1977 There being no discussion, the minutes were ordered by the Vice -Mayor received for filing. (c) MINUTES OF THE ADVISORY COMMITTEE DATED DECEMBER 16, 1976 There being no discussion, the minutes were ordered by the Vice -Mayor received for filing. (d) MINUTES OF THE BURNS MANOR NURSING HOME DATED JANUARY 20, 1977 Vice -Mayor Westlund commented that a daily rate increase of $2.00 is being considered to take effect April 1 for the Burns Manor residents. A recommendation will be forthcoming from the Burns Manor Board. The minutes were ordered by the Vice -Mayor received for filing. -3- Council minutes, February 22, 1977 (e) MINUTES OF THE TRANSPORTATION BOARD DATED FEBRUARY 15, 1977 Acting Department Head Pauley reported on the transit system and stated that he has been instructed to do a survey of bus riders to determine what fare they are willing to pay. This survey will be conducted at random over the next 30 days. The Transportation Board recommends to the City Council that a request be submitted to the Public Service Commission to raise fares to 504 per one-way trip on Dial -A -Ride with the understand that the fare change would not go into effect until the Transportation Board and the City Council approve the changes in fare. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to request a fare increase to 504 from the Public Service Commission. Motion carried unanimously. It was further recommended by the Transportation Board that the City Council approve a request for an addition $5,000 from the State Department of Transportation for the Hutchinson Transit System. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the request of $5,000 from the State Department of Transporation. Motion carried unanimously. Mr. Pauley commented briefly on the subscription service and indicated that it has had a very poor response to date. A second add will be appearing in the Leader as a follow-up of the initial ad and article. He also reported that the transit deficit has gone down from $10,000 to $5,000. A more detailed report on the transit system will be presented at the Department Head meeting scheduled for Thursday of this week. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF REQUEST FOR REIMBURSEMENT TO THAW FROZEN WATER PIPES UNDER CITY STREET (DEFERRED FROM FEBRUARY 8, 1977) Vice -Mayor Westlund commented on the two requests from the February 8 Council meeting and the question raised as to who is responsible for thawing frozen water pipes. He then called upon City Engineer Priebe for additional comments. City Engineer Priebe reported that the main service line to the Country Club Terrace has frozen. The frost is deeper than normal this year and is thus causing the problems with freezing lines. Alderman Haag asked how many requests have been received fro reim- bursement of frozen water pipes. City Engineer Priebe responded that he did not know. -4- Counicl minutes, February 22, 1977 Alderman K. Peterson remarked that the main belongs to the City and its purpose is to serve some property. The service line of sewer and water is the responsibility of Lhe home owner, and the City should not pay for something that is not theirs. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to reimburse the property owners on Alan Street for the cost of thawing service lines since the storm sewer contributed to the freezing. Motion carried unanimously. It was suggested by Alderman K. Peterson that a policy be established which would clarify the responsibility for service lines. It was then moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5901 entitled Resolution to Reaffirm Policy Established by Resolution No. 2889 Dated May 29, 1969 Designating Responsibility of Water, Sanitary or Storm Sewer Lines. Motion carried unanimously. (b) CONSIDERATION OF 1977 VEHICLE BIDS (DEFERRED FEBRUARY 18, 1977) 1. G.V.W. TRUCK - STREET DEPARTMENT 2. HALF TON PICK-UP TRUCK - SEWER & WATER DEPT. 3. VAN - ENGINEERING DEPARTMENT City Engineer Priebe reported that all three low bids from Wigen's met the specifications, and he recommends the bids be awarded to Wigen's. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, that the three low bids from Wigen's be approved in the amounts of: G.V.W. Truck - $16,315.00; Half Ton Pick-up Truck - $4,284.00; and a Van - $5,526.00. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF INCOME GUIDELINES FOR HOME REHABILITATION GRANTS Community Development Director Pauley was called upon by Vice -Mayor Westlund to report on the guidelines. He commented that they have been adjusted for McLeod County's economic and market analysis per- formed in late 1976. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the guidelines and to waive reading and adopt Resolution No. 5899 entitled Resolution Amending the Policies and Procedures Governing the Operation of Hutchinson's Home Rehabilitation Program under Resolution No. 5780. Motion carried unanimously. -5- Council minutes, February 22, 1977 (b) CONSIDERATION OF HOME REHABILITATION GRANT Vice -Mayor Westlund requested that the names of grant applicants be given, to which Community Development Director Pauley responded that he felt the names should not be revealed and that the grants should be handled in a private manner. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the grant. Motion carried unanimously. (c) CONSIDERATION OF HIRING A FAMILY CENTER COORDINATOR Vice -Mayor Westlund remarked that it is the request of the Family Center Board to be given permission to hire a Coordinator for the new Family Center. The Board has discussed a job description for such a position. Originally it was thought that one person could not fill both jobs, but the two different duties could be performed by one individual if he is qualified. A Coordinator should be hired within the near future so that work can begin on planning for next year's season. It is difficult to determine at this point just how many people will be needed. Alderman Haag commented that the three facilities with which he has had experience hires two people to manage the operation, expect for St. Cloud which has three. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to authorize the request to advertise for a Family Center Coordinator. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY ROBERT HORNICK PURSUANT TO SECTION 5.01 OF 1975 ZONING ORDINANCE AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Community Development Director Pauley reported that Mr. Robert Hornick intends to purchase the Standard Building and operate a fast service gas station. He will also carry a small line of convenience foods. His intentions are to install a steel canopy above the pump islands. The existing tanks have been tested and approved, but the lines still need to be tested. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5905 entitled a Resolution Granting Conditional Use Permit Under Section 5.01 of the 1975 Zoning Ordinance to allow for Re -Opening of Building and Use of Gas Pump Islands. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR REZONING FROM R-2 TO C-2, EAST HALF OF LOT 11, BLOCK 12, NORTH HALF OF CITY AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Council minutes, February 22, 1977 After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive first reading of Ordinance No 1/77 and set second reading for March 8, 1977. Motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR REZONING FROM I-1 AND C-4 TO R-3, ALL OF LOTS 7, 12, & 13; THE SOUTH 338.5 FEET OF LOTS 5, 8 AND 9; THAT PART OF LOT 14 LYING EAST OF DESCRIBED LINE AND FAVORABLE RECOMMEN- DATION OF PLANNING COMMISSION After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive first reading of Ordinance No. 2/77 and set second reading for March 8, 1977. Motion carried unanimously. (g) CONSIDERATION OF REQUEST FOR VACATION OF ALLEY IN BLOCK 52 OF SOUTH HALF OF CITY AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Haag commented that the Peace Lutheran Church is anticipating a construction project to build an addition onto the church but not into the alley. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive first reading of Ordinance No. 4/77. The second reading of the Ordinance will be set after the church has officially decided to undertake construction and agreements with the Utilities Commission and the Telephone Company have been provided to the City Clerk. Motion carried unanimously. (h) CONSIDERATION OF REQUEST FOR REZONING OF PROPERTY FROM R-2 TO R-3 FROM MAX BOYL AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Community Development Director Pauley reported that it is the inten- tion of Mr. Max Boyl to construct eight 24 -unit apartment buildings on the property being rezoned over a considerable period of time. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive first reading of Ordinance No. 3/77 and set second reading for March 8, 1977. Motion carried unanimously. (i) CONSIDERATION OF 1977 IMPROVEMENT PROJECTS City Engineer Priebe presented a brief report on the 1977 Improvement Projects and commented that they represent a total of $746,000. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive reading and adopt Resolutions No. 5906 - No. 5934 entitled, Resolution Approving Plans and Specifications and Ordering Ad for Bids, representing Projects No. 77-01 - 77-09; 77-11, 77-12, 77-14 - 77-22; 77-27 - 77-34, and calling for bids to be opened at 2:00 P.M. on April 6, 1977. Motion carried unanimously. -7- Council minutes, February 22, 1977 City Engineer Pribe called upon Messrs. Bob Robertson and Harry Koutsoumbos fro Rieke, Carroll Muller Associates to present the latest drawings on the School Road Bridge. They showed the proposed plans to the Council and pointed out that there will be three piers down in the river. The bridge could possibly be completed by the end of the year if bids were received on April 6. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive reading and adopt Resolution No. 5935 entitled, Resolution Approving Plans and Specifications and Ordering Ad ofr Bids for School Road Bridge, and calling for bids to be opened at 2:00 P.M. on April 6, 1977. Motion carried unanimously. (j) CONSIDERATION OF HIGHWAY 7 EAST STREET LIGHTING Vice -Mayor Westlund called upon the City Egineer to give a report on street lights. City Engineer Priebe commented that last year it was proposed to place street lights along Highway 7 from the existing railroad tracks crossing by Rockite to L & P Supply. The Utilities proposed to use wooden poles, but the Highway Department would not permit them to be placed near the traveled roadway unless they were steel poles with break -a -way bases. Last week the State Department called to inquire about our plans of proceeding with the project. It is the City Engineer's recommendation that it is cheaper to install steel poles than adding more lights. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the street lighting to the next Council meeting and acquire more data on the subject. Motion carried unanimously. (k) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the request for reduced trash and refuse rate submitted by Anna Malchow of 735 Ivy Lane. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported a short newsletter to the Council on a them informed of his activities. that he is contemplating periodic basis to keep Council minutes, February 22, 1977 (b) COMMUNICATIONS FROM VICE -MAYOR Vice -Mayor Westlund, reminded the Council and audience that Friday, February 25, at 12:30 P.M. will be the groundbreaking for the new Medical Office Building at the hospital site. Everyone is welcome to attend. Reference was made to the Conference on Natural Diasters to be held on March 11, and Vice -Mayor Westlund commented that some of the Council members and the Civil Defense Director should consider attending it. 11. CLAIMS. APPROPRIATIONS. AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman K. Peterson, seconded by Alderman Haag, to approve the verified claims and authorize payment from the approp- riate funds. Motion carried unanimously. (b) CONSIDERATION OF CLAIM AGAINST CITY BY ELVERA E. ZUPFER, 317 DALE STREET (DEFERRED FROM FEBRUARY 8, 1977) Vice -Mayor Westlund summarized the problem deferred from the February 8 Council meeting and called upon City Engineer Priebe for further comments. City Engineer Priebe reported that the City crew had been at the Zuper home on January 29. Perhaps they should have started checking on the line sooner, but weather conditions had some bearing on the work performed. The wind chill factor and cold weather threatened to endanger the breakage of equipment. It was the opinion of Mr. Priebe that from the 19th to the 29th the main was causing the problem. The riser pipe off the main dislodged and fell into the main and started blocking up the main. Alderman K. Peterson asked if the backup had started on the 28th, She pointed out that if the work had been done on the 29th into the main, the backup would not have been so severe and caused so much damage. Mrs. Elvera Zupfer responded that the backup started on the 27th of January and got progressively worse. She carried out pails of water for four days continually, day and night. As a result, the carpeting in one area of the basement was damaged and has to be removed. City Engineer Priebe reported that the city crew rodded the line and put in some acid. AMI and the crew checked the line. The line wasn't backing up in the main and affecting the other homes in the area. Once it got into the main, it started backing up. He further Qs15 Council minutes, February 22, 1977 commented that about two or three years ago Mrs. Zupfer had had some problems with roots in the line and backup. He predicted that the same problem will occur again in the future. Vice -Mayor Westlund stated that AMI and the City felt that it was originally the service line that was plugged and thought the line had been cleaned out. Then the problem went into the main. It is his recommendation that the bill be shared and the City pay $250 to help defray the expense of replacing the damaged carpeting. He felt this would be a fair settlement. Alderman K. Peterson expressed agreement with Vice -Mayor Westlund's recommendation. She felt the city has an obligation to the property owner to see that this type of situation doesn't happen. Alderman Haag pointed out that the original problem started in the service line and the city's line wasn't plugged. He was also in agreement with the city paying $250 toward replacing the damaged carpeting. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to pay Mrs. Elvera Zupfer $250 toward replacing damaged carpeting in her basement. Motion carried unanimously. (c) CONSIDERATION OF CLAIM FOR PAYMENT OF GAS AND ELECTRIC Administrative Assistant Plotz presented a summary of the background circumstances involved. Community Development Director Pauley remarked that he had talked to Mrs. John Geiss, 510 Lyndale, regarding her payment, and he had told her she could contact the Mayor or Council, if she wished. About 20-30 days passed before Mrs. Geiss contacted City Hall again. City Attorney Schantzen commented that he didn't have any definite advice in this situation, except to turn it over to the gas company. Vice -Mayor Westlund requested Administrative Assistant Plotz to contact Mrs. Geiss and talk to her about the payment. If she wishes to pursue the issue, it will be taken up at the next Council meeting. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:35 P.M. on motion by Alderman Haag, seconded by Alderman K. Peterson. Motion carried unanimously. -10- MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL FRIDAY, FEBRUARY 18, 1977 Mayor Black called the meeting to order at 2:00 P.M. Those in attendance were Aldermen B. Peterson, Haag, and K. Peterson in addition to the Mayor. Absent was Alderman Westlund. Also present were Administrative Assistant Plotz and City Engineer Priebe. Publication No. 1891 entitled Invitation for Bids, City of Hutchinson, Minnesota, for a 27,000 Lb. G.V.W. Truck for the Street Department was read by Mayor Black. The following bids were opened and read: Wigen's Wm -James Auto, Inc. Plowman's $16,315.00 16,692.50 or 17,172.50 (Alternate Bid) 16,695.00 or 16,220.00 (Alternate Bid) Delivery 8 Weeks 45-60 Days after Ordered 120 Days After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peter- son, to refer the bids to City staff for consideration and review. Motion passed unanimously. Publication No. 1892 entitled Invitation for Bids, City of Hutchinson, Minnesota, for a Five -Passenger Van for the Engineering Department was read next by Mayor Black. City Engineer Priebe opened the bids and reported as follows: Wigen's $ 5,526.00 3 Months Approx. Wm -James Auto, Inc. 5,815.00 120 Days Approx. after Ordered Trails End, Inc. 6,048.00 8 Weeks Approx. Plowman's 6,395.00 120 Days Approx. after Ordered After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peter- son, that the bids be referred to City staff for consideration and review. Motion carried unanimously. 3. Council Minutes, February 18, 1977 Publication No. 1893 entitled Invitation for Bids, City of Hutchinson, Minnesota, for One -Half Ton Pick -Up Truck for Sewer & Water Department was read by Mayor Black. The following bids were opened and read by City Engineer Priebe: Wigen's $ 4,284.00 30 Days Approx. Wm -James Auto, Inc. 4,375.00 30-60 Days after Ordered Trails End, Inc. Plowman's 4,394.00 7 Weeks Approx. 4,662.00 45 Days after Ordered After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to refer the bids to City staff for review. Motion carried unani- mously. Mayor Black commented that all the bids will be referred to the proper depart- ments for review to see if they meet specifications. Then they will be acted upon at the City Council meeting on February 22, 1977. There being no further business to discuss, the motion was made to adjourn at 2:20 P.M. by Alderman Haag, seconded by Alderman B. Peterson. Motion carried unanimously. -2-