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12-22-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 22, 1981 1. CALL TO ORDER Mayor Westlund called the meeting to order at 7:30 P.M., with the following present: Aldermen Carls and Beatty, in addition to Mayor Westlund. Absent: Aldermen Lueneburg and Gruenhagen. Also present: City Administrator Plotz, City Engineer Priebe and Assistant City Attorney Schaefer. 2. INVOCATION The invocation was given by the Reverend Peter Ramstad of Vineyard United Metho- dist Church. 3. MINUTES The minutes of the Special Meeting of December 18, 1981 were amended and the minutes of the Regular Meeting of December 8, 1981 and Special Meetings of No- vember 19, 1981 and December 8, 1981 were approved as read upon motion by Alder- man Carls, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) HEARING ON IMPROVEMENT PROJECTS 82-03 THROUGH 82-42 The Council meeting recessed at 8:00 P.M. to meet upstairs in the Auditorium for the public hearing and reconvened at 8:05 P.M. Mayor Westlund made opening remarks on the 1982 improvement projects. He stated that in 1969 a 10 -year plan was established for all city streets to be permanent streets within that time frame. Although this has not been realized, it is still hoped that it can be accomplished. Each year the city issues bonds in the amount of $1 million to $1.5 million to cover the cost of the improvement projects. Last year a new policy was used on the projects, and it is being continued this year. In March 1982 the City Engineer will prepare the specifications for the projects. City Administrator Plotz explained the procedure for the financing of the projects, and reported the second hearing would be held next year prior to the projects being done. City Engineer Priebe commented that in March 1981 a capital improvement policy was approved by the Council. This policy addressed improvements of all types throughout the City in addition to improvements in new subdivisions. The City will be using this guide in the future. IN V COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-03 Mayor Westlund read Publication No. 2842, Notice of Hearing on Improvement Project 82-03, construction of 8" watermain and appurtenances for the fol- lowing area: Boston Street from Atlanta Avenue to Baltimore Avenue in Paden's First Addition. The estimated cost is $12,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-03 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-04 Mayor Westlund read Publication No. 2843, Notice of Hearing on Improvement Project 82-04, construction of 8" watermain and appurtenances for the fol- lowing area: Baltimore Avenue from Atlanta Avenue to T.H. 15 in Paden's First Addition. The estimated cost is $20,000.00. Mayor Westlund inquired if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-04 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-05 Mayor Westlund read Publication No. 2844, Notice of Hearing on Improvement Project 82-05, construction of 12" watermain and appurtenances for the fol- lowing area: T.H. 15 from Atlanta Avenue to Baltimore Avenue in Paden's First Addition. The estimated cost is $14,000.00. Following the City Engineer's presentation, the Mayor asked if there was any- one present wishing to be heard. There was no response. The hearing on Project 82-05 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-06 Mayor Westlund read Publication No. 2845, Notice of Hearing on Improvement Project 82-06, construction of 8" watermain and appurtenances for the fol- lowing area: Bradford Street in Schmidtbauer's Second Addition. The estimated cost is $4,350.00. -2- V/ COUNCIL MINUTES DECEMBER 22, 1981 Mayor Westlund inquired if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-06 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-07 Mayor Westlund read Publication No. 2846, Notice of Hearing on Improvement Project 82-07, construction of 6" watermain and appurtenances for the fol- lowing area: Lindy Lane in Kimberly's Country Estates Subdivision. The es- timated cost is $8,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-07 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-08 Mayor Westlund read Publication No. 2847, Notice of Hearing on Improvement Project 82-08, construction of 10" sanitary sewer and appurtenances for the following area: Boston Street from Atlanta Avenue to Baltimore Avenue in Paden's First Addition. The estimated cost is $12,000.00. Mayor Westlund inquired if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-08 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-09 Mayor Westlund read Publication No. 2848, Notice of Hearing on Improvement Project 82-09, construction of 8" sanitary sewer and appurtenances for the following area: Baltimore Avenue from Boston Street to T.H. 15 in Paden's First Addition. The estimated cost is $15,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-09 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. -3- COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-10 Mayor Westlund read Publication No. 2849, Notice of Hearing on Improvement Project 82-10, construction of 8" sanitary sewer and appurtenances for the following area: Bradford Street in Schmidtbauer's Second Addition. The esti- mated cost is $3,000.00. Mayor Westlund inquired if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-10 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-11 Mayor Westlund read Publication No. 2850, Notice of Hearing on Improvement Project 82-11, construction of 8" sanitary sewer and appurtenances for the following area: Lindy Lane in Kimberly's Country Estates Subdivision. The estimated cost is $8,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-11 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-12 Mayor Westlund read Publication No. 2851, Notice of Hearing on Improvement Project 82-12, construction of 15" trunk sanitary sewer and appurtenances for the following area: Second Avenue S.E. from N.W. Trunk to Huron Street. The estimated cost is $36,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-12 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-13 Mayor Westlund read Publication No. 2852, Notice of Hearing on Improvement Project 82-13, construction of 15" trunk sanitary sewer and appurtenances -4- COUNCIL MINUTES DECEMBER 22, 1981 for the following area: Huron Street from Second Avenue S.E. to First Ave- nue S.E. The estimated cost is $18,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-13 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-14 Mayor Westlund read Publication No. 2853, Notice of Hearing on Improvement Project 82-14, construction of 8" sanitary sewer and appurtenances for the following area: Grove Street from Milwaukee Avenue to Miller Avenue. The estimated cost is $17,000.00. City Engineer Priebe reported there was a problem with the sanitary sewer on Miller Avenue, and the system will have to be replaced. The new line to be laid will go north instead of east. No public hearing notices were sent out inasmuch as this is a City project, and the cost will be 100% City ex- pense. The hearing on Project 82-14 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-15 Mayor Westlund read Publication No. 2854, Notice of Hearing on Improvement Project 82-15, construction of 18" storm sewer and appurtenances for the following area: Baltimore Avenue from Boston Street to T.H. 15 in Paden's First Addition. The estimated cost is $30,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-15 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-16 Mayor Westlund read Publication No. 2855, Notice of Hearing on Improvement Project 82-16, construction of 15" storm sewer and appurtenances for the following area: Sherwood Street between Schmidtb auer's First and Second Ad- dition. The estimated cost is $6,500.00. -5- COUNCIL MINUTES DECEMBER 22, 1981 Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-16 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-17 Mayor Westlund read Publication No. 2856, Notice of Hearing on Improvement Project 82-17, construction of 15" storm sewer and appurtenances for the following area: Bradford Street in Schmidtbauer's Second Addition. The es- timated cost is $13,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-17 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-18 Mayor Westlund read Publication No. 2857, Notice of Hearing on Improvement Project 82-18, construction of 12" storm sewer and appurtenances for the following area: Extension North of Miller Avenue in Block 7 of Bonniwell's Second Addition. The estimated cost is $7,500.00. City Engineer Priebe stated this is another City project, with the City bear- ing the total expense. The hearing on Project 82-18 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-19 Mayor Westlund read Publication No. 2858, Notice of Hearing on Improvement Project 82-19, construction of grading and appurtenances for the following area: Grading of Baltimore Avenue from Boston Street to T.H. 15 in Paden's First Addition. The estimated cost is $24,500.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-19 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. M COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-20 Mayor Westlund read Publication No. 2859, Notice of Hearing on Improvement Project 82-20, construction of grading and appurtenances for the following area: Sherwood Street between Schmidtbauer's First and Second Addition. The estimated cost is $2,000.00. Mayor Westlund inquired if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-20 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-21 Mayor Westlund read Publication No. 2860, Notice of Hearing on Improvement Project 82-21, construction of grading and appurtenances for the following area: Bradford Street in Schmidtbauer's Second Addition. The estimated cost is $4,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-21 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-22 Mayor Westlund read Publication No. 2861, Notice of Hearing on Improvement Project 82-22, construction of grading and appurtenances for the following area: Lindy Lane in Kimberly's Country Estates Subdivision. The estimated cost is $6,500.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-22 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-23 Mayor Westlund read Publication No. 2862, Notice of Hearing on Improvement Project 82-23, construction of grading and appurtenances for the following area: Hilltop Drive from Michigan Street to Paul's Road in Santelman's Addi- tion. The estimated cost is $11,000.00. -7- COUNCIL MINUTES DECEMBER 22, 1981 City Engineer Priebe reported this project had been deferred. The grad- ing and graveling were separated into two projects to eliminate another hearing. The hearing on Project 82-23 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-24 Mayor Westlund read Publication No. 2863, Notice of Hearing on Improvement Project 82-24, construction of gravel base and appurtenances for the fol- lowing area: Baltimore Avenue from Boston Street to T.H. 15 in Paden's First Addition. The estimated cost is $10,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-24 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-25 Mayor Westlund read Publication No. 2864, Notice of Hearing on Improvement Project 82-25, construction of gravel base and appurtenances for the follow- ing area: Boston Street from Atlanta Avenue to Baltimore Avenue in Paden's First Addition. The estimated cost is $7,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-25 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-26 Mayor Westlund read Publication No. 2865, Notice of Hearing on Improvement Project 82-26, construction of gravel base and appurtenances for the follow- ing area: Sherwood Street between Schmidtbauer's First and Second Addition. The estimated cost is $2,500.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-26 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. am COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-27 Mayor Westlund read Publication No. 2866, Notice of Hearing on Improvement Project 82-27, construction of gravel base and appurtenances for the follow- ing area: Bradford Street in Schmidtbauer's Second Addition. The estimated cost is $5,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-27 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-28 Mayor Westlund read Publication No. 2867, Notice of Hearing on Improvement Project 82-28, construction of gravel base and appurtenances for the follow- ing area: Lindy Lane in Kimberly's Country Estates Subdivision. The esti- mated cost is $6,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-28 was then closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. PROJECT 82-29 Mayor Westlund read Publication No. 2868, Notice of Hearing on Improvement Project 82-29, construction of gravel base and appurtenances for the follow- ing area: Hilltop Drive from Michigan Street to Paul's Road in Santelman's Addition. The estimated cost is $10,000.00. Mayor Westlund asked if there were any inquiries concerning this project. The following were present and made inquiries regarding Project 82-29. Dave Bruzek One or two years ago this project was brought 111 Mark Drive up with the Clifton Heights annexation. It was mentioned then that this street would be 5-10 years in the future, but now it is being proposed. Mr. Bruzek wanted to know what caused it to be pushed up in the time schedule and who would be financially responsible for the street. He asked who would be assessed for the project; would it be Ken Santelman, Rich- ard Larson or the residents. COUNCIL MINUTES DECEMBER 22,, 1981 City Engineer Priebe This project was put on for consideration to grade and gravel the street in 1982. Mr. Ken- neth Santelman is aware that the street could be opened up as an avenue of egress from Clif- ton Heights to Michigan. It is part of the Santelman subdivision so he would be assessed. Dave Bruzek At this time an additional road into the area would not only provide access to Clifton Heights but would also give people access to the Velvet Coach. He would be strongly op- posed to outside traffic coming through the area that would not need to do so. The hearing on Project 82-29 was closed on motion by Alderman Carls, second- ed by Alderman Beatty and carried unanimously. PROJECT 82-30 Mayor Westlund read Publication No. 2869, Notice of Hearing on Improvement Project 82-30, construction of gravel base and appurtenances for the follow- ing area: California Street from School Road to 2,000 feet South. The esti- mated cost is $25,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-30 was closed on motion by Alderman Carls, seconded by Alderman Beatty and unanimously carried. 4 . PROJECT 82-31 Mayor Westlund read Publication No. 2870, Notice of Hearing on Improvement Project 82-31, construction of gravel base and appurtenances for the follow- ing area: School Road from Seventh Avenue N.W. to County Road 12. The esti- mated cost is $27,500.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present who wished to be heard. There was no response. The hearing on Project 82-31 was closed on motion by Alderman Carls, seconded by Alderman Beatty and carried unanimously. -10- COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-32 Mayor Westlund read Publication No. 2871, Notice of Hearing on Improvement Project 82-32, construction of bituminous surfacing and appurtenances for the following area: Graham Street from Roberts Road to Milwaukee Avenue in Town and Country Estates. The estimated cost is $20,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-32 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. PROJECT 82-33 Mayor Westlund read Publication No. 2872, Notice of Hearing on Improvement Project 82-33, construction of bituminous surfacing and appurtenances for the following area: Milwaukee Avenue in Town and Country Estates Subdivision. The estimated cost is $6,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present to be heard. There was no response. The hearing on Project 82-33 was closed on motion by Alderman Carls, seconded by Alderman Beatty and carried unanimously. PROJECT 82-34 Mayor Westlund read Publication No. 2873, Notice of Hearing on Improvement Project 82-34, construction of bituminous surfacing and appurtenances for the following area: Linden Avenue from Lynn Road to Main Street. The esti- mated cost is $150,000.00. Mayor Westlund asked if there were any questions concerning this project. The following were present and made inquiries regarding Project 82-34. Rev. Robert Lounsbury He stated he was objecting to the project on Bethany Baptist Church behalf of the Church Board, and they were op- posed to resurfacing the street. Mrs. Owen Knacke Stated she was opposed to resurfacing the 805 Franklin S. street. Rose Meyer She pointed out this project involves 19 houses with big lots, and some houses are on corner lots. In 6 or 7 of the houses, the occupants -11- COUNCIL MINUTES DECEMBER 22, 1981 are employed while the others are retired people. She asked what would be done for the older property owners who cannot afford the project cost. She commented that last year gravel trucks used the road. She won- dered why the project cost was $150,000 and was higher than the other project. City Engineer Priebe One is a state aid project, and the differ- ence in cost is made up in state aid funds. According to the City policy, assessment is to be the same for the same amount of front- age. The cost is based on regular residen- tial street. More money is being spent but no more money is being assessed because bas- ically it is the same frontage. Mayor Westlund The older people could apply for deferred assessment. Larry Ashwill Stated he never received a notice of the hear - 216 Linden ing. He came to the hearing last year and didn't recall any mention made of the street being a state aid street. He wanted to know why there was a difference of $100000 to $150,- 000 from one year to the next. City Engineer Priebe It was a state aid street last year also. The project was dropped early in the discussion so they never got into detail on the project. The hearing on Project 82-34 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. PROJECT 82-35 Mayor Westlund read Publication No. 2874, Notice of Hearing on Improvement Project 82-35, construction of bituminous surfacing and appurtenances for the following area: Miller Avenue from Lynn Road to Main Street. The esti- mated cost is $99,000.00. Mayor Westlund asked if there were any inquiries concerning this project. The following were present and inquired regarding Project 82-35. Ralph Wagner Route 4 Stated he owned a house at 646 Glen Street and wanted to know the estimated cost per foot on the Miller project. City Engineer Priebe Responded the cost is estimated to be $26/foot. -12- COUNCIL MINUTES DECEMBER 22, 1981 George Quast 406 Main S. Inquired if this was a county road. Unidentified Man Stated he would like to see consideration given to the financial condition of the coun- try at the present time. Felt the project should be held off for a little while. Th he m ri on Project 82-35 was r1 sed omot'on by Alderman Carls, sec- onaed Dy Rfderman Project and carried unanimously. PROJECT 82-36 Mayor Westlund read Publication No. 2875, Notice of Hearing on Improvement Project 82-36, construction of bituminous surfacing and appurtenances for the following area: Milwaukee Avenue from Lynn Road to Main Street. The estimated cost is $99,000.00. Mayor Westlund asked if there were any questions concerning this project. The following were present and made inquiries regarding Project 82-36. Unidentified Man Stated he lived on a corner lot and was against the project. Joe Kenney Commented on the money from the state and 605 Brown St. whether the City would receive it. Stated he owned the long side along the street and asked if he would only pay on 66 feet. Very few properties face Milwaukee Street. He wondered how the people could afford the project. City Engineer Priebe Explained what he had said earlier about cor- ner lots and assessment charges. Stated the City would give credit for payment on the short side. Unidentified Man Asked what the project was going to cost. He didn't feel they needed the road that bad to pay that much for it. Lillian Clapp She commented that the road by Milwaukee and 595 Franklin Grove has never been a truck route, but it has been used this past year by trucks. If the street is in bad shape,.it isn't the fault of the residents. Mary Arndt 580 Glen Street Said she objected to surfacing the street. The hearing on Project 82-36 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. -13- COUNCIL MINUTES DECEMBER 22, 1981 PROJECT 82-37 Mayor Westlund read Publication No. 2876, Notice of Hearing on Improvement Project 82-37, construction of bituminous surfacing and appurtenances for the following area: Atlanta Avenue from Boston Street to T.H. 15. The esti- mated cost is $40,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-37 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. PROJECT 82-38 Mayor Westlund read Publication No. 2877, Notice of Hearing on Improvement Project 82-38, construction of bituminous surfacing and appurtenances for the following area: Boston Street from Century Avenue to Atlanta Avenue. The estimated cost is $20,000.00. Mayor Westlund inquired if there was anyone present wishing to be heard. There was no response. The hearing on Project 82-38 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and carried unanimously. PROJECT 82-39 Mayor Westlund read Publication No. 2878, Notice of Hearing on Improvement Project 82-39, construction of bituminous surfacing and appurtenances for the following area: Franklin Street from Fourth Avenue S.W. to T.H. 15. Estimated cost is $140,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. The following were present and inquired regarding Project 82-39. George Skorpik Stated he owned a corner lot on Franklin and 746 S. Franklin the curbing was put in 8 years ago. Asked what would be done with the existing curbing. City Engineer Priebe Responded that only the street surfacing would be done at this time. He then explained the City policy for billing a corner lot. Glen Engebretson He said there was nothing wrong with the street 560 Franklin S. so why go through the work of putting in a new one. Would have to cut it down. Questioned why money should be spent at this time when money is tight. Asked if the City would put in streets if they were needed or not. Mayor Westlund The City Council and Planning Commission re- viewed the sites of the projects, and they felt this project should be considered. -14- COUNCIL MINUTES DECEMBER 22, 1981 Vermont Riebe 596 Franklin Kenneth Harren 825 Franklin Grace Sanstead 425 Franklin S. Owen Knacke 805 Franklin He felt that with the present economy, it would be wise not to do anything to the street. There is no problem with the street; it doesn't have any potholes, low spots or water gathering. There is no need to have it fixed. Stated she agreed with the previous statement. He didn't feel the street needed to be re- placed,or repaired. Asked if this could be put to the vote of the property owners. Scott Plowman Commented he moved in four years ago. There 736 Franklin S. is no need for surfacing, but there is a prob- lem where Miller and Franklin intersect. Last spring there was a dip; and after the run-off and freeze, it backed up. He wondered if it could be taken care of by the City. City Engineer Priebe No grading_ of the__xoadway was__done at tizhe of _ _curb and gutter on adjustment_ of surface to ccon- form tocurb. This was done as a stop -gap for five years, and we have gone past the five years. Curt Dahl Agreed with the others on the condition of 835 Franklin S. the road. It didn't need repair. Rita Bentz Stated she agreed with the other previous 826 Franklin S. comments made. Jon Lindekugel In the area marked for improvement, the streets 726 Franklin seem to be okay. What he considered bad roads was not included in the project. There are bad chuck holes. Unidentified Lady Objected to the proposed project. The hearing on Project 82-39 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. PROJECT 82-40 Mayor Westlund read Publication No. 2879, Notice of Hearing on Improvement Project 82-40, construction of bituminous surfacing and appurtenances for -15- COUNCIL MINUTES DECEMBER 22, 1981 the following area: Monroe Street from Second Avenue S.E. to Fair Avenue. The estimated cost is $175,500.00. Mayor Westlund asked if there were any inquiries concerning this project. The following were present and inquired regarding Project 82-40. Mayor Westlund stated two letters had been received with objection to the project. Leslie Smith He stated he was also representing Albina 346 Monroe St. Probst at 405 Monroe Street. Asked why the City was putting in surfacing before curb and gutter. Wanted to know what appurten- ances are. City Engineer Priebe Stated the proposal was for curb, gutter and bituminous surfacing. Another hearing will be held, at which time curb and gutter will be considered. Ralph Bergstrom He read a letter from the Fair Board in which Rep. Fair Board a motion was made to go on record that the association is against Monroe improvement for 1982.for the following reasons: 1) condition of economy today; 2) without curb and gutter, no permanent street installed; and 3) would not increase in value. Floyd Anderson He had attended a meeting when curb and gutter 326 Monroe was considered, and the street was condemned in 1968. The City Engineer would not be aware of this since he was not here at that time. The Mayor said he wanted Monroe Street com- pletely done, but it was condemned and still has not been done. Second Avenue would have to be torn up to put in sanitary sewer from Second Avenue to Third Avenue. City Engineer Priebe The line from Third to Fifth was replaced, and Fifth South was replaced since they flow from the main on Fifth. He had never seen a report on Second to Third. If there is a problem, the City would want to take care of it. The policy is to complete all the under- ground work before putting a surface on it. Selmer Jessen Stated they could not afford the project fi- 542 Monroe nancially and did not feel they needed a new street. He had attended a meeting some time -16- COUNCIL MINUTES DECEMBER 22, 1981 ago and understood it would be five years be- fore curb and gutter would be put in and 10 years before the street would be constructed. City Engineer Priebe There could have been a time schedule on the project, but he wasn't sure 10 years had been mentioned. Thought had been given to separat- ing curb and gutter from the surfacing projects. The hearing on Project 82-40 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and carried unanimously. PROJECT 82-41 Mayor Westlund read Publication No. 2880, Notice of Hearing on Improvement Project 82-41, construction of bituminous overlay and appuretenances for the following area: Second Avenue S.W. from Franklin Street to Dale Street; and D&le Street from Second Avenue S.W. to Fourth Avenue S.W.; and North High Drive from T.H.15 (Main Street) to Maple Street. The estimated cost is $200,000.00. Mayor Westlund asked if there was anyone present wishing to be heard con- cerning this project. The following were present and inquired regarding Project 82-41. Jon Marshall Asked what the cost would be on lineal feet. 37 Fifth Ave. NW City Engineer Priebe Commented the county would be involved in the project. The project cost is based on the cost for material. The 1982 estimated cost is $5.50 front foot. Unidentified Man Asked about cars dragging on the street when they come out of the driveways. There is a 40 foot bituminous on the street now, but if it is raised any more the property owners will have trouble coming out of their drive- ways. Patricia Turnbull Asked if they were considering sewers or 52 Fifth Ave. NW anything else. Unidentified Man Asked if the property owner would have to pay separately for the approach. -17- COUNCIL MINUTES DECEMBER 22, 1981 City Engineer Priebe Rev. Manley Swarthout McDonald's Trlr.Ct. It would have to be worked out with the con- tractor direct. Asked if the City Administrator had said it would involve a public building, and the City would pick up the cost. The hearing on Project 82-41 was closed on motion by Alderman Carts, sec- onded by Alderman Beatty and unanimously carried. PROJECT 82-42 Mayor Westlund read Publication No. 2881, Notice of Hearing on Improvement Project 82-42, construction of sidewalk and appurtenances for the following area: Hassan Street from Second Avenue N.E. to Sixth Avenue S.W.; and Frank- lin Street from First Avenue S.W. to Milwaukee Avenue; and Main Street from Fourth Avenue S.E. to Milwaukee Avenue. The estimated cost is $100,000.00. Following the City Engineer's presentation, Mayor Westlund asked if there was anyone present wishing to be heard. The following were present and in- quired regarding Project 82-42. Boli Rozmarynowski Asked what was proposed for this project. 446 Glen S. He owns commercial property in the area. City Engineer Priebe This is a City project for sidewalk replace- ment. There would be no assessment for home- steaded property but commercial property would be assessed. The zoning in the area is com- mercial. The hearing on Project 82-42 was closed on motion by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried. John Mlinar Asked if any storm sewer was planned for area 704 Hilltop Drive east of Clifton Heights. City Engineer Priebe Responded that it was not at this time. Alderman Carls moved to close the public hearing at 9:23 P.M. Seconded by Alderman Beatty, the motion unanimously carried. The meeting recessed to adjourn to the Council Chambers to resume the Regular Council Meeting. am COUNCIL MINUTES DECEMBER 22, 1981 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 28/81 - AN ORDINANCE AUTHORIZING CONVERSION OF CERTAIN CITY PROPERTY TO PUBLIC PARKING, ACCEPTANCE OF DONATION AND GRANTING OF LIMITED PROPERTY RIGHTS Extensive discussion was given to Ordinance No. 28/81 and whether the ac- tion taken by the City Council regarding the Old Armory was administrative or legislative in nature. The Assistant City Attorney was awaiting an opin- ion from the State Attorney General's Office on this issue. Mayor Westlund reported this would be the second reading for the Ordinance. Since the first reading on December 8, 1981 a petition had been circulated to repeal the Ordinance and call for a referendum regarding demolition of the Old Armory. Mr. Jim DeMeyer pointed out that Citizens Bank is one of the City's deposi- tory banks. It was also successful bidder on bond monies. He felt there was a conflict of interest for Citizens Bank to have any involvement with the City in the purchase of the Old Armory building. Mr. Tom Stibal presented to the Council a petition of 940 signatures to repeal Ordinance No. 28/81 and hold a referendum on the Old Armory. A com- mittee of five people, namely Tom Stib al, Pat Mikulecky, Helga Nielsen, Nell Gehrke and John Reynolds initiated the petition. It was moved by Alderman Beatty, seconded by Mayor Westlund and unanimously carried, to waive the second reading of Ordinance No. 28/81 entitled An Ordi- nance Authorizing Conversion of Certain City Property to Public Parking, Acceptance of Donation and Granting of Limited Property Rights. Assistant City Attorney Schaefer pointed out the Ordinance takes effect at such time as it is published in the newspaper. Publication will be with- held at this time. (b) RESOLUTION NO. 7045 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND Following discussion, the motion was made by Alderman Carls to waive reading and adopt Resolution No. 7045 entitled Transferring $20,000 from Liquor Store to General Fund. The motion was seconded by Alderman Beatty and carried unan- imously. -19- COUNCIL MINUTES DECEMBER 22, 1981 (c) RESOLUTION NO. 7046 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA After discussion, Alderman Beatty moved to waive reading and adopt Resolu- tion No. 7046 entitled Resolution Authorizing Release of Securities to First National Bank of Hutchinson, Minnesota. Seconded by Alderman Carls, the motion unanimously carried. (d) RESOLUTION NO. 7047 - RESOLUTION AUTHORIZING RELEASE OF SECURITIES TO FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA Following discussion, it was moved by Alderman Carls, seconded by Alderman Beatty and carried unanimously, to waive reading and adopt Resolution No. 7047 entitled Resolution Authorizing Release of Securities to First State Federal Savings & Loan Association of Hutchinson, Minnesota. (e) RESOLUTION NO. 7049 - TRANSFERRING INTEREST EARNED FROM WATER/SEWER FUND TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Carls and carried unanimously, to waive reading and adopt Resolution No. 7049 entitled Transferring Interest Earned from Water/Sewer Fund to General Fund. (f) RESOLUTION NO. 7052 - RESOLUTION FOR PURCHASE Following discussion, Alderman Beatty made the motion to waive reading and adopt Resolution No. 7052 entitled Resolution for Purchase. Seconded by Alderman Carls, the motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - NOVEMBER 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PARK AND RECREATION BOARD DATED NOVEMBER 4, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PLANNING COMMISSION DATED NOVEMBER 17, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. -20- COUNCIL MINUTES DECEMBER 22, 1981 (d) MINUTES OF NURSING HOME BOARD DATED NOVEMBER 19, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF LIBRARY BOARD DATED DECEMBER 8, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF HOSPITAL BOARD DATED NOVEMBER 17, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ARCHITECTURAL FIRM FOR ACTIVITY CENTER (DEFERRED 12-11-81) This item was deferred at this time. (b) CONSIDERATION OF SEWER/WATER 1982 BUDGET (RATE STUDY) Following discussion, the motion was made by Alderman Beatty to adopt the 1982 Water/Sewer Budget. Seconded by Alderman Carls, the motion carried unanimously. (c) CONSIDERATION OF NEW FIRE TRUCK (DEFERRED DECEMBER 8, 1981) Fire Chief Schlueter and Fireman Jim Brodd appeared before the Council re- garding the new fire truck for the Fire Department. About three years ago the department began setting aside funds for the new truck, and on Decem- ber 8, 1981 bids were received. It was the recommendation of the Fire De- partment to award the bid to American LaFrance for a total cost of $143,008.00. Alderman Beatty moved that based upon the recommendation of the Fire Depart- ment to award the bid for a new fire truck to American LaFrance in the amount of $143,008.00. Seconded by Alderman Carls, the motion unanimously carried. 9. NEW BUSINESS (a) PRESENTATION BY JIM MCCLURE ON PROPOSED RE -DEVELOPMENT OF S&L BUILDING Mr. Jim McClure presented a drawing of the proposed plan for the S&L build- ing. He reported the old structure would be retained and the inside gutted to update and bring it up to code. A second story would be added on to the other half of the building and an elevator installed for the handicapped. -21- COUNCIL MINUTES DECEMBER 22, 1981 The interior would include a public lobby of 1,100 square feet and an open stairway to the second floor with skylighting. Only the old foundations and brick floor in the basement would be kept.in tact. It was his opinion that the present building conforms to the size and appearance of the other buildings in the area. The total area available would be approximately 17,250 square feet. Rental would be about $5.50 to $7.00 per square foot a year. It was felt there was adequate parking on First Avenue, and they would not be looking at the Masonic Temple site. The total cost of the project would be $550,000.00 and financed with indus- trial revenue bonds through private placement within Hutchinson. The project is contingent upon receiving revenue bonds from the City. Once the Council has made a commitment, the property owner will enter into a purchase agree- ment with the McClures. The developers stated all the paperwork and final working drawings for the architect and purchase from owner could be accomplished within 60 days. (b) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Westlund read a copy of the letter mailed to all delinquent account holders. He then inquired if there was anyone present wishing to be heard regarding his/her account. There was no response. Alderman Beatty made the motion to accept the staff recommendation to dis- continue service at 12:00 Noon on December 29, 1981, unless otherwise noted for the following accounts:•Account No. 04-0220-1-00, 04-0240-0-00, 04-0290- 0-00, 04-0370-2-00, 04-0625-3-00, 04-0860-3-00, 12-0170-0-00, 12-0750-8-00, 15-0172-1-00, 15-0188-0-00, 15-0197-0-00, 16-0540-9-00, and 41-0030-0-00. Seconded by Alderman Carls, the motion carried unanimously. (c) CONSIDERATION OF ESTABLISHING CITY COUNCIL ORGANIZATIONAL MEETING DATE OF JANUARY 4, 1982 After discussion, the motion was made by Alderman Carls to establish Jan- uary 4, 1982 at 4:00 P.M. as the date for the organizational meeting of the City Council. The motion was seconded by Alderman Beatty and unani- mously carried. (d) CONSIDERATION OF AUTHORIZING FUNDS TO ESTABLISH COMMUNITY DEVELOPMENT CORPORATION AND NECESSARY STAFF TIME Mayor Westlund stated the Community Development Corporation was being estab- lished for the purpose of bringing industry into the community. Five Direc- tors have been appointed to the Corporation, and they will be forming a -22- COUNCIL MINUTES DECEMBER 22, 1981 corporation and establishing a charter. Adoption of Resolution No. 7048 will authorize City staff to spend time working with the Corporation. Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Carls and carried unanimously, to waive reading of Resolution No. 7048 entitled Resolution Authorizing Certain City Employees to Assist In the Planning, Creation, and Management of A Hutchinson Community Development Corporation and Authorizing Expenditures of City Funds to Aid In the In- corporation of A Non -Profit Hutchinson Community Development Corporation, with said Resolution authorizing the expenditure of not more than $600.00 of City funds for incorporation. (e) CONSIDERATION OF 1982 SALARY ADJUSTMENT This item was removed from the Council Agenda. (f) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT: 1. DON GLAS 2. DICK EWERT, JR. After discussion, the motion was made by Alderman Carls, seconded by Alder- man Beatty and unanimously carried, to approve the applications and issue snow removal permits. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY STEARNSWOOD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz reported that Stearnswood requested a Conditional Use Permit for an addition to the factory to allow the burning of wood chips and to remodel a portion of the former lumber yard. The Planning Commission held a public hearing with no objections and recommend approval. Following discussion, Alderman Beatty moved to waive reading and adopt Reso- lution No. 7051 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 for Allowing Addition of Wood Burning Plant to Manufacturing Building and Major Remodeling to Interior. Seconded by Alderman Carls, the motion carried unanimously. (h) CONSIDERATION OF APPLICATIONS FOR CIGARETTE LICENSES FOR 1982 After discussion, it was moved by Alderman Carls, seconded by Mayor West- lund, to approve the applications and issue cigarette licenses. The motion carried, with Alderman Carls and Mayor Westlund voting aye and Alderman Beatty abstaining from voting. (i) CONSIDERATION OF 1982 OFFICERS FOR HUTCHINSON FIRE DEPARTMENT -23- COUNCIL MINUTES DECEMBER 22, 1981 Following discussion, the motion was made by Alderman Beatty to approve the 1982 officers for the Hutchinson Fire Department. The motion was sec- onded by Alderman Carls and carried unanimously. (j) CONSIDERATION OF AMENDING ZONING ORDINANCE NO. 464, SECTION 4, DEFINITIONS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Administrator Plotz explained an addition had been made to the require- ments of all zoning districts listed in Section 8 under Conditional Per- mitted Uses. After discussion, Alderman Beatty moved to waive the first reading of Ordi- nance No. 30/81 entitled Amendment of Hutchinson Zoning Ordinance No. 464 and Ordinance No. 621,and set the second reading for January 12, 1982. The motion was seconded by Alderman Carls and unanimously carried. (k) CONSIDERATION OF PARKING ON LEWIS AVENUE BETWEEN DALE STREET AND LAKE STREET City Administrator Plotz reported on the problem with parking on Lewis Ave- nue between Dale Street and Lake Street. It was the recommendation of the Police Department to limit parking to the north side of the street only. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty and carried unanimously, to waive the first reading of Or- dinance No. 29/81 entitled Ordinance Amending Section 715.20 of the 1974 Ordinance Code of the City of Hutchinson, Entitled No Parking Areas, and set second reading for January 12, 1982. (1) REVIEW OF JOINT DEVELOPMENT AGREEMENT WITH KEN LEVER This item was deferred. (m) CONSIDERATION OF TRAFFIC COUNT ON MUNICIPAL STATE AID STREETS FOR MINNESOTA DEPARTMENT OF TRANSPORTATION City Engineer Priebe reported that the City is required to provide traffic counts on its municipal state aid streets every five years to the Minnesota Department of Transportation. The State has the equipment available to do the traffic count for an estimated cost of $828.00. After discussion, Alderman Beatty made the motion to approve the traffic count by the Minnesota Department of Transportation and waive reading and adopt Resolution No. 7050 entitled Authorization Request and Obtain from Minnesota Department of Transportation Needed Traffic Counts on City MSA Streets. Seconded by Alderman Carls, the motion carried unanimously. (n) CONSIDERATION OF 1982 TREE PLANTING POLICY -24- COUNCIL MINUTES DECEMBER 22, 1981 Alderman Carls reported on the action taken by the Tree Board regarding tree planting policy, which has four steps. Item No. 2 would be amended to read that the City would plant the trees on residential boulevards and the homeowner would be charged $5.00 per tree. Mr. Richard Schmidtbauer questioned whether this policy would apply to sub- divisions also. After discussion, Alderman Carls moved to table this item until the Tree Board meets again and makes a recommendation to the Council. Seconded by Alderman Beatty, the motion carried unanimously. (o) CONSIDERATION OF EXERCISING OPTIONS TO PURCHASE PROPERTY: 1. MARY E. GOEDE (146 FIRST AVENUE S.W.) 2. CLARA M. SLAMA (115 GLEN STREET S.) 3. M. H. TESCH (136 FIRST AVENUE S.W.) This item was deferred. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on the Special Council Meeting scheduled for 6:30 A.M. on December 23, 1981. A decision would need to be made on transferring funds from the 1981 bond fund to the City general fund. (b) COMMUNICATIONS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Schaefer reported he had received an opinion from Mike Gallager of the Attorney General's Office regarding the Library addi- tion. It was his opinion that the City could proceed with a referendum and expansion at the present location. (c) COMMUNICATIONS FROM MAYOR WESTLUND Mayor Westlund stated the terms for Clarice Coston and Eric Johnson on the Transportation Board had expired, and he requested Council ratification to appoint both of them for another term. It was moved by Alderman Beatty, seconded by Alderman Carls and carried unanimously, to ratify the appointments of Clarice Coston and Eric Johnson to the Transportation Board. The Mayor further stated that Dennis Hukriede had recently resigned from -25- COUNCIL MINUTES DECEMBER 22, 1981 the Downtown Development Advisory Board. It was his recommendation to issue a Resolution of Appreciation for his service on the Board. It was moved by Alderman Carls to waive reading and adopt Resolution No. 7053 entitled Resolution of Appreciation to Dennis Hukriede. Seconded by Alderman Beatty, the motion carried unanimously. In closing, Mayor Westlund reminisced about the past 10 years he has spent on the Council as an Alderman and Mayor and of the changes that have taken place over the years. He also commented on the accomplishments made dur- ing those years. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Carls, seconded by Alderman Beatty and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:50 P.M. upon motion by Alderman Beatty, seconded by Alderman Carls and unanimously carried. -26-