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03-22-1977 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 22, 1977 1. CALL TO ORDER Vice -Mayor Westlund called the meeting to order at 7:33 P.M. with the follow- ing members present: Aldermen B. Peterson, K. Peterson, and Haag in addition to Vice -Mayor Westlund. Absent: Mayor D. J. Black. 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 Pat Seymour of the St. John's Epis- copal Church. 3. MINUTES On motion by Alderman Haag, seconded by Alderman B. Peterson, the minutes of the Regular Meeting of March 8, 1977 and Special Meeting of March 17, 1977 were unanimously approved. 4. PUBLIC HEARING None 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR CLIFFORD PAULSEN TO ATTEND DUTCH ELM DISEASE AND OAK WILT TREE INSPECTORS SHORT COURSE ON APRIL 12, 1977 Alderman Haag raised a question as to why Clifford Paulsen is being sent to this conference. He understood that Jim Brodd was responsible for this area. City Engineer Priebe replied that Mr. Brodd is in the National Guard and will be gone much of the summer. It was moved by Alderman B. Peterson, seconded by Alderman Haag, that Clifford Paulsen be authorized to attend the Dutch Elm Disease and Oak Wilt Tree Inspectors Short Course on April 12, 1977. Motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR ADMINISTRATIVE ASSISTANT TO ATTEND FOURTH ANNUAL SPRING SEMINAR OF M.F.O.A. ON MAY 18-20, 1977 After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request of the Administrative Assistant to attend the M.F.O.A. Seminar May 18-20, 1977. Motion carried unan- imously. Council Minutes March 22, 1977 (c) CONSIDERATION OF RECOMMENDATION TO PERMANENTLY APPOINT: 1. JEFF MC KAY 2. QUENTIN LARSON 1. Vice -Mayor Westlund called on Alderman K. Peterson for com- ments regarding the permanent appointment of Jeff McKay. She responded that he is doing an excellent job and recommends his appointment. Upon motion by Alderman K. Peterson, seconded by Alderman B. Peterson, it was moved to ratify the permanent appointment of Jeff McKay. Motion carried unanimously. 2. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to ratify the permanent appointment of Quentin Larson with the recommendation of the City Engineer. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR SEWER SERVICE TO PROPERTY TO BE DEVELOPED BY MAX BOYLE City Engineer Priebe reported that the area to be serviced with sewer is on the west side of Highway 15 and across from Frederickson's. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the request for sewer service and call for the preparation of a report for the next Council meeting. Motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR DON PAULEY TO ATTEND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION WORKSHOP ON APRIL 5, 1977 Community Development Director Pauley reported that the one -day workshop is on how to file the form application for next year's funding. The City of Hutchinson is an alternate for 1977-78 funding and could pos- sibly receive funding if another city declines it. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve Community Development Director Pauley to attend the Community Development Block Grant Application Workshop on April 5, 1977. Motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR ROD KEITH TO ATTEND INSTITUTE FOR PRO- FESSIONAL DEVELOPMENT ON APRIL 27-29, 1977 Administrative Assistant Plotz pointed out that the institute is a budgeted item. -2- Council Minutes March 22, 1977 It was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to approve Rod Keith to attend the Institute for Professional Develop- ment on April 27-29, 1977. Motion carried unanimously. (g) CONSIDERATION OF HIRING SEASONAL EMPLOYEE - WILLIAM KARL Vice -Mayor Westlund questioned the request for a 6.67% salary increase for a seasonal employee. City Engineer Priebe responded that William Karl has worked for the City for four years during the summer and recom- mends his employment. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to employ William Karl as a seasonal employee effective April 1, 1977. Motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 5/77 - ORDINANCE REPEALING SECTION 415:00 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON RELATING TO BICYCLE LICENSES City Attorney Schantzen asked that Ordinance No. 5/77 not be read at this time at the request of Chief O'Borsky. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the second reading of Ordinance No. 5/77 until the next Council meeting. Motion carried unanimously. (b) ORDINANCE NO. 6/77 - ORDINANCE REPEALING SECTION 570:20 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINnON RELATING TO BICYCLE LICENSES At the request of Chief O'Borsky, City Attorney Schantzen asked that Ordinance No. 6/77 be deferred to the next Council meeting for the second reading. It was moved by Alderman Haag, seconded by Alderman K. Peterson, to defer the second reading of Ordinance No. 6/77 to the next Council meet- ing. Motion carried unanimously. (c) RESOLUTION NO. 5940 - RESOLUTION COMMENDING DON KRASEN Community Development Director Pauley commented that Mr. Don Krasen had conducted the workshop on heating and air conditioning. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5940. Motion carried unan- imously. -3- Council Minutes March 22, 1977 (d) RESOLUTION NO. 5941 - RESOLUTION COMMENDING ELROY BERDAHL Mr. Elroy Berdahl conducted the workshop on insulation and ventilation, and Community Development Director Pauley recommends that he receive a Resolution of Commendation. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to waive the reading and adopt Resolution No. 5941. Motion carried unan- imously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MINUTES OF BURNS MANOR NURSING HOME DATED FEBRUARY 16, 1977 Vice -Mayor Westlund gave a brief report on the salary increases at Burns Manor. He also reported that Mavis Geier had talked to Admin- istrative Assistant Plotz regarding the problem with the ventilating system project. She has contacted the architect and the architect gave the company seven days ending March 31, 1977 to complete the work at Burns Manor. If the project is not finished in that amount of time, the bonding company will be notified. (b) MINUTES OF HOSPITAL BOARD DATED JANUARY 18 & 28, 1977 AND HOSPITAL BOARD OF DIRECTORS DATED FEBRUARY 15, 1977 Alderman Haag made reference to the beginning of construction on the new Medical Office Building at the hospital site. The minutes were ordered by the Vice -Mayor to be received for filing. (c) MINUTES OF THE COMMUNITY CENTER BOARD DATED MARCH 17 & 19, 1977 Vice -Mayor Westlund made reference to the recommendation of the Com- munity Center Board to hire Mr. Ralph Neumann as the Family Center Coordinator. He further stated that the minutes are to be filed con- tingent upon the approval of the Community Center Board at their next meeting. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HIGHWAY 7 EAST STREET LIGHTING (DEFERRED FROM MARCH 8, 1977) City Engineer Priebe remarked that he did not have a report to present at this time and asked that the item be deferred to the next Council meeting. -4- Council Minutes March 22, 1977 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Administrative Assistant Plotz informed the Council that a letter had been sent out to the account holders giving them the option of appear- ing before the Council at their March 22 meeting or making payment on their delinquent account. Vice -Mayor Westlund then asked if there was anyone present who wished to appear before the Council regarding their delinquent account. No one responded. Alderman Haag asked if it wasn't Junker's obligation to collect the unpaid refuse bills. To this question City Engineer Priebe replied that it is the City's responsibility to collect the amount delinquent. If the bill is not paid by October 1, the City can certify the unpaid amount against the property. Vice -Mayor Westlund wanted to know if the City couldn't discontinue refuse pickup on delinquent accounts. To this query, Alderman K. Peter- son pointed out that the delinquent account holders may just let the garbage pile up and cause health hazards. City Attorney Schantzen referred to the Ordinance Book and stated that the refuse bills can be certified against taxes in October if not paid by then. He did not recommend discontinuing refuse service. Vice -Mayor Westlund suggested that the four names listed for delinquent refuse bills be eliminated from the list under consideration. It was moved by Alderman Haag, seconded by Alderman B. Peterson, to disconnect sewer and water services only on those accounts which are delinquent and no payment has been made. Motion carried unanimously. The following accounts will be disconnected: 1-0125-1-00 4-1105-4-00 9-0330-0-00 11-1030-0-00 3-0210-0-00 5-0550-0-00 9-0535-0-00 12-0010-0-00 4-0815-1-00 6-0070-0-00 10-0155-1-00 12-0750-0-00 4-0850-3-00 7-0120-1-00 10-0240-0-00 13-0225-0-00 4-0910-0-00 7-0120-2-00 11-0160-1-00 20-0065-0-00 4-0930-1-00 7-0790-0-00 11-0580-0-00 26-0165-0-00 29-0135-0-00 It was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to continue water and sewer service for those account holders who have made some payment on their delinquent account until such time as they fail to meet their commitment or delinquency occurs again. Motion carried unanimously. -5- Council Minutes March 22, 1977 (b) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF CLUB LIQUOR LICENSES: 1. V.F.W. POST NO. 906 2. AMERICAN LEGION POST NO. 96 3. CROW RIVER COUNTRY CLUB 4. HUTCHINSON ELKS LODGE Vice -Mayor Westlund referred to the memorandum from Chief of Police O'Borsky regarding the renewal of liquor licenses. He pointed out that Chief O'Borsky does not suggest withholding any licenses at this time but suggests that a close watch be made on the V.F.W. and Dinner Bell inasmuch as he feels they have been in violation of their licenses. It was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, that the club liquor license applications for the V.F.W. Post No. 906, American Legion Post No. 96, Crow River Country Club, and Hutchinson Elks Lodge be approved with the recommendation of Chief of Police and close surveillance on license holders in violation and authorize the issuance of licenses. Also, a letter of warning is to be sent to the V.F.W. Motion carried unanimously. (c) CONSIDERATION OF APPLICATIONS FOR RENEWAL OF LIQUOR LICENSES: 1. THE CHALET SUPPER CLUB 2. DINNER BELL Alderman Haag made reference to the problems that have arisen at the Dinner Bell. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, that the applications for liquor licenses be approved for the Chalet Supper Club and Dinner Bell, with a letter of warning to be sent to the Dinner Bell, and authorize the issuance of licenses. Motion carried unanimously. (d) CONSIDERATION OF REQUEST FOR REDUCED TRASH AND REFUSE RATE After discussion, it was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to approve the request for reduced trash and refuse rate submitted by Mr. Arthur Rahn, 26 S. Franklin. Motion carried unanimously. (e) CONSIDERATION OF DISCUSSION OF PROPOSED COMPREHENSIVE TRANSPORTATION PLAN Administrative Assistant Plotz reported that the letter from Jim Har- rington, Commissioner of the Minnesota Department of Transportation, had been submitted to the Council before as an "Information Only" Council Minutes March 22, 1977 item, but the Mayor felt it should be given further consideration. City Engineer Priebe commented that district highway engineers have told him that old firm highway plans are no longer in effect and the state is starting over. He suggested that the City consider some up- grading of State Highway 7 east and west of Hutchinson as well as an all-weather access to all cities along Highway 7 and a nine -ton load limit for city streets. Alderman Haag remarked that he thought it would be a good idea to widen Highway 7 and have passing lanes. Mr. Bob Otte and Mr. Lyle Koehler of the Transportation Committee of the Hutchinson Chamber of Commerce appeared before the Council. Mr. Koehler recommended that Hutchinson get load limits enforced for trucks traveling into the city. He pointed out that Lester Prairie does not have a nine -ton road into their community and is cut off from the traf- fic of heavy trucks when road restrictions are in force. Mr. Koehler further suggested that the Chamber of Commerce send a representative to the regional hearings on future highway and transportation planning to determine what they plan to do as well as contribute in -put as to what we want. Vice -Mayor Westlund agreed that it would be beneficial to have some- one present at the meetings and suggested that the City and Chamber of Commerce work together on the comprehensive transportation plan. After the Chamber of Commerce and the businesses in Hutchinson have conducted their study, they are to report their findings back to the Council. Alderman K. Peterson raised a question on the old north bypass plan and asked if the Council should go on record for or against such a plan. There was no response. It was moved by Alderman K. Peterson, seconded by Alderman B. Peter- son, to authorize the Chamber of Commerce to prepare a Comprehensive Transportation Study for Council approval at a future date. Motion carried unanimously. (f) CONSIDERATION OF PROBATIONARY PERIOD OF BY SHARPE Vice -Mayor Westlund commented that the Transportation Board has ap- proved staff recommendation regarding the termination of employment of By sharpe, bus driver, and recommends the employment of Darol Wylie as full-time bus driver. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the termination of employment of By Sharpe, effective April 7, 1977, with recommendation of Acting Department Head. Motion carried unanimously. -7- Council Minutes March 22, 1977 It was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the employment of Darol Wylie as full-time bus driver, effec- tive April 9, 1977, for a six-month probationary period. Motion car- ried unanimously. (g) CONSIDERATION OF PRESENTATION OF PLANS AND SPECIFICATIONS BY FIRE CHIEF SMITH FOR A NEW RURAL PUMPER Fire Chief Smith presented the plans and specifications for a new rural pumper fire truck which the Fire Department wishes to purchase. He pointed out that the present fire truck is a 1960 model and needs to be replaced. The new model will cost between $40,000 to $44,000 and will require 18 months for delivery. Money will be available to pay for the rural pumper at the time it arrives. His recommendation is that the bids be opened on Tuesday, May 10, 1977, 8:00 P.M. at the City Council meeting. Alderman Haag asked what relationship the Hutchinson townships have with other towns in the area. To this question Fire Chief Smith re- sponded that Hutchinson is just a little higher than Glencoe or Litch- field. It was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve specifications and call for advertising of bids for Tuesday, May 10, 1977 at 8:00 P.M. at the City Council meeting. Motion carried unanimously. (h) CONSIDERATION OF VACATION OF EASEMENTS SUBMITTED BY ELDRED MILLER AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to waive first reading of Ordinance No. 7/77 entitled An Ordinance to Vacate Easement Lying Along Side Lot Lines of Lot 1 through 10, Block 1, Stoney Point Addition, and set second reading for April 12, 1977. Motion carried unanimously. (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY PRAIRIE HOUSE, INC. AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION CONTINGENT UPON REMOVING FOUR OTHER NON -CONFORMING SIGNS Community Development Director Pauley reported that the Prairie House, Inc. has requested a variance to place a business sign in the front five feet of the setback. The existing conditions comply with the requirements for a variance, with the exception of four other signs which are non -conforming and will have to be removed. It was his recom- mendation to approve the variance contingent upon the removal of the four other signs. Council Minutes March 22, 1977 It was moved by Alderman K. Peterson, seconded by Alderman B. Peterson, to waive reading and adopt Resolution No. 5942 entitled A Resolution Granting Variance from Section 10.05 B.1 of the Zoning Ordinance to Allow the Placement of One Business Sign in the Front Five Feet of the Setback. Motion carried unanimously. (j) CONSIDERATION OF PRELIMINARY PLAT FOR LAKEWOOD TERRACE SECOND ADDITION AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Drawings of the Lakewood Terrace Second Addition were presented to the Council by Community Development Director Pauley. After discussion, it was moved by Alderman K. Peterson, seconded by Alderman Haag, to approve the preliminary plat for Lakewood Terrace Second Addition. Motion carried unanimously. (k) CONSIDERATION OF PRELIMINARY PLAT OF MC CLURE'S FIRST ADDITION AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Community Development Director Pauley presented drawings on the first phase of the proposal for the McClure's First Addition. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the preliminary plat of McClure's First Addi- tion. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY KENTUCKY FRIED CHICKEN AND FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Kentucky Fried Chicken has requested a conditional use permit to under- take exterior and interior remodeling of their building. Since the front overhang extends six inches beyond the allowed 24 inches, the structure does not conform with the 1975 Zoning Ordinance. Alderman Haag moved that the conditional use permit requested by Ken- tucky Fried Chicken be approved and the reading waived and adopt Reso- lution No. 5943 entitled A Resolution Granting Conditional Use Permit Under Section 5.01 of the Zoning Ordinance to Allow for Exterior - Interior Remodeling. Seconded by Alderman B. Peterson, the motion carried unanimously. (m) CONSIDERATION OF APPROVAL OF LEASE RENTAL FOR OCCUPANCY OF OLD ARMORY BY CETA Administrative Assistant Plotz explained that the CETA Office and the City of Hutchinson have had a lease agreement for office space on the second floor of the Old Armory for a period of time. The proposed con- tract is for $100 per month for the next six months, covering the period Council Minutes March 22, 1977 from May 1, 1977 to October 31, 1977, and represents a $10 increase in rent. The additional amount is to help defray the expense of build- ing two portable dividers in the CETA Office at a cost of approximately $100. Vice -Mayor Westlund asked what length of time the previous contracts covered. To this question, Administrative Assistant Plotz replied that they have always been for a six-month period. It was moved by Alderman B. Peterson, seconded by Alderman K. Peterson, to approve the CETA lease with the City of Hutchinson and authorize Mayor Black to sign the lease and to waive reading and adopt Resolu- tion No. 5945 entitled Authorizing Lease Agreement with State of Min- nesota, Government Manpower Office (CETA) for Office Space at the "Old" Armory at First Avenue S.W. Motion carried unanimously. (n) CONSIDERATION OF PURCHASE OF ARTIFICIAL RESUSCITATION EQUIPMENT BY POLICE DEPARTMENT Alderman Haag wondered if the requested artificial resuscitation equip- ment is a duplication of present equipment. Alderman K. Peterson wanted to know if special training would be neces- sary in order to operate the equipment. City Engineer Priebe responded to these questions by pointing out that Michael Monge, Community Services Officer, has had special training in the use of the Ambu-bag and is a certified instructor. Also, all of the police officers are competent in its use. He further commented that the police department is called to all emergency ambulance runs and fires within the City and often are the first on the scene. In a lifesaving situation, the use of this equipment could be very crucial. It was moved by Alderman B. Peterson, seconded by Alderman Haag, to approve the purchase of three resuscitators with mask and airway for a total cost of $225.00 from Ambu. Motion carried unanimously. (o) CONSIDERATION OF EMPLOYMENT OF RALPH NEUMANN AS FAMILY CENTER COORDIN- ATOR EFFECTIVE APRIL 1, 1977 WITH FAVORABLE RECOMMENDATION OF COMMUNITY CENTER BOARD Vice -Mayor Westlund reviewed the hiring of a Family Center Coordinator and reported that the Community Center Board recommends the employment of Ralph Neumann for this position. He would begin work April 1, 1977 on a part-time basis and full-time on May 1, 1977. After discussion, it was moved by Alderman Haag, seconded by Alderman B. Peterson, to approve the employment of Ralph Neumann as Family Center -10- Council Minutes March 22, 1977 Coordinator effective April 1, 1977 on a part-time basis and full-time as of May 1, 1977. Motion carried unanimously. (p) CONSIDERATION OF ESTABLISHING A BOARD OF REVIEW HEARING DATE Administrative Assistant Plotz commented that the County Assessor, Wesley Abram, has proposed the date of Friday, May 27, 1977 at 10:00 A.M. at Hutchinson City Hall for the Board of Review Hearing. He fur- ther pointed out that a different date could be selected, but once the notices are sent out, the date cannot be changed. After discussion, it was moved by Alderman Haag, seconded by Alderman K. Peterson, to approve the date of Friday, May 27, 1977 at 10:00 A.M. for the Board of Review Hearing. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that the city auditors from the firm of Anderson, Lieser & Thorsen are reviewing the city's books this week. If anyone has any changes, recommendations, or suggestions, the auditors would be glad to receive them. Alderman Haag then asked Mr. Plotz if he had any recommendations to make on the Auditor's Report, to which he replied that he would like to wait awhile before suggesting any changes. Administrative Assistant Plotz mentioned the proposed revisions on the "Proposal of Purchase" form and commented that the changes should simplify filling it out. Attention was called to the draft of the lease between the school dis- trict and the city for use of the Family Center. Administrative Assis- tant Plotz remarked that the lease has been submitted to the School Board for their review and consideration. Mention was made by Administrative Assistant Plotz that the Minnesota Municipal Board will be holding a hearing on April 4, 1977 at 10:00 A.M. on the Clifton Heights Annexation. (b) COMMUNICATIONS FROM VICE -MAYOR WESTLUND Vice -Mayor Westlund commented briefly on the minutes of the Safety Council dated February 28, 1977 regarding a street light on Highway 15 and South Grade Road. -11- Council Minutes March 22, 1977 Mr. Westlund also mentioned that Mr. Clarence Simonowicz will present a report on the Housing Study and Downtown Study on April 6, 1977 at 2:15 P.M. (c) COMMUNICATIONS FROM TRANSPORTATION BOARD Chairman Dan Huntwork was called upon to bring a report on the transit system. At this time he commented that the hours of operation are be- ing changed to 9:00 A.M. until 5:30 P.M. Monday through Friday and the Saturday service will be discontinued effective April 11, 1977. The changes will be advertised in the paper and signs posted in the buses to notify the riders. Free rides will be offered to all passengers on Saturday, April 9, as a promotion to ride the bus. The Transportation Board had planned to start a subscription service the first of April with operating hours of 7:00 to 9:00 A.M. and 4:00 to 6:00 P.M. However, since there were only four individuals who signed up for this service, the Board has decided not to begin sub- scription service at this time. Alderman K. Peterson inquired if there have been any requests for inter -connecting service with Glencoe. Community Development Director Pauley responded that the older residents of Hutchinson have asked for this type of service. He is presently checking on tariff requirements. He also commented that since some of the services have been cut back during the summer season, the operating costs should also be reduced. From the inception of the transit system there have been about 10,000 passengers, and also 10,000 miles have been put on the bus. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A motion was made by Alderman Haag, seconded by Alderman B. Peterson, to approve the verified claims and authorize payment from the appro- priate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:15 P.M. on motion by Alderman Haag, seconded by Alderman B. Peterson. Motion carried unanimously. -12-