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03-09-1976 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 9, 1976 1. CALL TO ORDER Vice President Westlund called the meeting to order at 7:30 P.M. Members present: Aldermen Lueneburg and Haag in addition to Vice President Westlund. Members absent: Alderman Peterson and Mayor Black. Also present: Administrative Assistant Fleetham, City Attorney Schantzen, and City Engineer Priebe. 2. INVOCATION Reverend Manley Swarthout of the Calvary Wesleyan Church delivered the invocation. 3. MINUTES No minutes were considered at this meeting due to the absense of two Council members. 4. PUBLIC HEARINGS (a) CONSIDERING AMENDING THE HUTCHINSON CITY CHARTER BY ADOPTION OF: ORDINANCE NO. 5/76 - AMENDING SECTION 7.02 OF THE CITY CHARTER TO READ AS FOLLOWS: THE FISCAL YEAR OF THE CITY SHALL BE FROM JANUARY 1 THROUGH DECEMBER 31 AND ORDINANCE NO. 6/76 - AMENDING SECTION 11.09 OF THE CITY CHARTER TO READ AS FOLLOWS: THE FISCAL YEAR OF THE HUTCHINSON UTILITIES COMMISSION SHALL BE FROM JANUARY 1 THROUGH DECEMBER 31. Vice President Westlund declared the hearing open at 9:22 P.M. as duly advertised with the reading of Publication No. 1757. Vice President Westlund summarized the reasons as to why it would be advantageous for the City to have the Fiscal Year coincide with the Calendar Year. There being no one else present wishing to be heard, the hearing was declared closed at 9:30 P.M on motion by Alderman Lueneburg, seconded by Alderman Haag and carried unanimously. ORDINANCE NO. 5/76 It was then moved by Alderman Lueneburg, seconded by Alderman Haag, to waive first reading and set second reading for March 23, 1976 of Ordinance No. 5/76 entitled, Ordinance Amending Section 7.02 Entitled 9-- Council minutes, March 9, 1976 Fiscal Years of Chapter VII of the City Charter, City of Hutchinson, Relating to Taxation and Finances. Motion carried unanimously. ORDINANCE NO. 6/76 It was then moved by Alderman Lueneburg, seconded by Alderman Haag, to waive first reading and set second reading for March 23, 1976 of Ordinance No. 6/76 entitled, Ordinance Amending Section 11.09 Entitled Fiscal Year of Chapter XI of the City Charter, City of Hutchinson, relating to Public Ownership and Operation of Utilities. Motion carried unamimously. 6. RESOLUTION AND ORDINANCES (a) ORDINANCE NO. 4/76 - AMENDING ORDINANCE NO. 464, SECTION 6.05, RELATIVE TO VARIANCES It was moved by Alderman Lueneburg, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 499, entitled, Amending Ordinance No. 464, Section 6.05, relative to variances. Motion carried unanimously. (b) ORDINANCE NO. 9/76 - AMENDING SECTION 310 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED, FIRE PREVENTION CODE ADOPTED BY REFERENCE It was moved by Alderman Haag, seconded by Alderman Lueneburg, to waive second reading and adopt Ordinance No. 500, entitled, Amending Section 310 of the 1974 Ordinance Code of the City of Hutchinson, entitled, Fire Prevention Code Adopted by Reference. Motion carried unanimously. (c) ORDINANCE NO. 10/76 - ORDINANCE VACATING A PORTION OF SUPERIOR STREET It was moved by Alderman Lueneburg, seconded by Alderman Haag, to waive second reading and adopt Ordinance No. 501, entitled, Ordinance Vacating a Portion of Superior Street. Motion carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - FEBRUARY 1976 There being no discussion, the report was ordered filed by the Vice President. (b) BUILDING OFFICIAL'S MONTHLY REPORT - FEBRUARY 1976 There being no discussion, the report was ordered filed by the Vice President. - 2 - Council minutes, March 9, 1976 (c) MINUTES OF THE PLANNING COMMISSION MEETINGS DATED FEBRUARY 17, 1976 There being no discussion, the minutes were ordered filed by the Vice President. (d) MINUTES OF THE PARK AND RECREATION BOARD MEETING DATED FEBRUARY 4, 1976 There being no discussion, the minutes were orded filed by the Vice President. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF HIGHWAY 7 STREET LIGHTING Administrative Assistant Fleetham proposed that this Spring Street Lights could be installed in the area of Highway 7 East and Michigan Street to the railroad tracks. Said plan calls for wooden poles and underground wiring. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag to authorize installation of the lights and encumber funds from the 1975 Capital Improvements Fund. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST FOR PERMIT TO HOLD PUBLIC DANCE ON APRIL 3, 1976 AT HUTCHINSON HIGH SCHOOL GYM BY J -CROW CHAPTER OF DEMOLAY After discussion, it was moved by Alderman Haag, seconded by Alderman Lueneburg, to approve the application and authorize issuance of the permit. Motion carried unanimously. (b) CONSIDERATION OF DELINQUENT WATER ACCOUNTS Delinquent Water Account No. 200-05, Roger Voss, 510 Monroe Street, in the amount of $28.71, was reviewed. It was noted Mr. Voss indicated the account would be paid in full on March 11, 1976. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag, that services be discontinued if the account was not paid in full by March 11, 1976. Motion carried unanimously. Delinquenet Water Account No. 40-07, Ben Roth, 184 Fourth Avenue N.W., in the amount of $32.15, was reviewed. It was noted Mr. Roth indicated the account would be paid in full on March 12, 1976. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag, that services be discontinued if the account was not paid in full by March 12, 1976. Motion carried unanimously. Delinquent Water Account No. 46-07, Mark Thomton, 187 Third Avenue N.W., in the amount of $26.86 was reviewed. There being no one - 3 - Council minutes, March 9, 1976 present wishing to be heard or to show cause why services should not be discontinued, the services were ordered discontinued immediately on motion by Alderman Lueneburg, seconded by Alderman Haag and carried unanimously. Delinquent Water Account No. 128-07, Jakll Investments, Midwest Mobile Home Park, in the amount of $205.31 was reviewed. There being no one present wishing to be heard or to show cause why services should not be discontinued, the services were ordered discontinued immediately on motion by Alderman Lueneburg, seconded by Alderman Haag and carried unanimously. Delinquent Water Account No. 135A-07, Doug Yerks, 253 Fifth Avenue, N.W. in the amount of $32.66 was reviewed. There being no one present wishing to be heard or to show cause why services should not be discontinued, the services were ordered discontinued immediately on motion by Alderman Lueneburg, seconded by Alderman Haag and carried unanimously. Delinquent Water Account No. 34-08, Woody's Drive Inn, Fourth Avenue, N.E., in the amount of $34.72 was reviewed. There being no one present wishing to be heard or to show cause why services should not be discontinued, the services were ordered disconnected immediately on motion by Alderman Lueneburg, seconded by Alderman Haag and carried unanimously. (c) RECOMMENDATION ON SALARY INCREASES FOR EXEMPT EMPLOYEES Vice President Westlund reviewed the factors used in considering salary increases for Exempt Employees. He then reviewed the recommended salary increases. After discussion, it was moved by Alderman Haag, seconded by Alderman Lueneburg, to adopt the increases as recommended with reviewal at Budget Preparation August. Motion carried unanimously. (d) CONSIDERATION OF RECOMMENDATION OF PARK AND RECREATION BOARD REGARDING RENTAL PRICE FOR TABLES AND CHAIRS A proposed schedule submitted by the Park and Recreation Board was reviewed. It was noted the schedule would be used when City Personnel deliver and set up items for an organization. After discussion, it was moved by Alderman Lueneburg, seconded by Alderman Haag to accept the schedule and initiate use as recommended. Motion carried unanimously. (e) PRELIMINARY REPORT WATER AND SEWER RATE STUDY Mr. Rex Stockwell of Toltz, King, Duvall, Anderson and Associates, Inc. presented a preliminary report on the Water Rate Study and the proposed charges. He also presented a preliminary report on the Sewer Rate Study and the proposed charges. - 4 - Council minutes, March 9, 1976 (f) REQUEST OF HUTCHINSON POLICE OFFICER'S ASSOCIATION TO ADDRESS THE CITY COUNCIL Mr. Neil Jensen, representative of the Hutchinson Police Officer's Association was present and informed the Council that said organization is in the process of withdrawing their petition for Election of Representation and that they would like to negotiate with the City Council outside of the Public Employees Bargaining Act. (g) PETITION AGAINST USE OF OLD FILTER PLANT AS TEMPORARY DOG POUND A petition by the residents of the area surrounding the South Park was presented to the City Council requesting that the Dog Pound not be placed in the Old Filter Plant since it would create an undue hazard for those who use the park. Administrative Assistant Fleetham statedhe felt by placing the pound in this area it would increase the security of the area. He suggested a 90 Day Trial use of the Old Filter Plant. It was also questioned if the Pound could legally be placed on parkland. It was the concensus of the Council that City Attorney Schantzen further investigate this matter. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT I. Requested permission to encur expenses not to exceed $150 for final draft of City Logo. It was then moved by Alderman Lueneburg, seconded by Alderman Haag to authorize said expenditure. Motion carried unanimously. 2. Reminded of the following meetings: Wednesday, March 17, 1976 - 7:30 A.M. Population Committee 11:45 A.M. Land Use Committee (b) COMMUNICATIONS FROM CITY ENGINEER 1. Stated the Farmer's Elevator Association have requested water service to their new site in the Industrial Park in conjunction with their Conditional Use Permit which will be considered by the Planning Commission on March 16, 1976. - 5 - Council minutes, March 9, 1976 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) Verified Claims It was moved by Alderman Lueneburg, seconded by Alderman Haag to approve the verified claims and authorize payment from the appropriate funds. Motion carried unanimously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was declared adjourned at 9:59 P.M. on motion by Alderman Haag, seconded by Alderman Lueneburg and carried unanimously. - 6 -