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04-24-1979 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 1979 1. CALL TO ORDER Mayor Black called the meeting to order at 7:30 P.M., with the following members present: Aldermen Westlund, Peterson, Gritenhagen and Huntwork, in addition to Mayor Black. Absent: None. Also present were: Administrative Assistant Plotz, City Engineer/Public Works Director Priebe, and City Attorney Schantzen. 2. INVOCATION The invocation was given by the Reverend James Lauer of the Peace Lutheran Church. 3. MINUTES The minutes of the Regular Meeting dated April 10, 1979 were approved upon motion by Alderman Peterson, seconded by Alderman Westlund, and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) 79-01 - SANITARY SEWER & WATERMAIN (b) 79-02 - STORM SEWER (c) 79-03 - CURB AND GUTTER (d) 79-04 - BITUMINOUS SURFACING (e) 79-05 - GRADE AND GRAVEL (f) 79-06 - CURB, GUTTER AND BITUMINOUS SURFACING (g) 79-07 - SANITARY SEWER AND WATERMAIN (h) 79-08 - STORM SEWER Mayor Black opened the Public Hearing at 8:00 P.M. and commented that a re -hearing of the 1979 improvement projects was being held. Updated information had become available since the December 26, 1978 public hearing was held so it was necessary to call for another hearing on the projects. (a) 79-01 - SANITARY SEWER & WATERMAIN Mayor Black read Publication No. 2151, Notice of Hearing, Project 79-01 for the installation of sanitary sewer and watermain for the following areas: 1) An Extension of Clifton Heights 2) Roberts Road South of Sibley Drive 3) Rolling Oaks Lane 4) Michael Court � �Y Council Minutes April 24, 1979 5) Seventh Ave. N.W. from Shady Ridge Road to School Road 6) School Road from North Line of Rolling Oaks Third Addition to Seventh Ave. N.W. 7) Sherwood Circle 8) Lakeview Lane from School Road to Roberts Road The estimated cost is $306,000.00. Mayor Black asked if there was anyone present who wished to be heard. There was no response. (b) 79-02 - STORM SEWER Mayor Black read Publication No. 2152, Notice of Hearing, Project 79-02 for the installation of storm sewer for the following areas: 1) An Extension to Clifton Heights 2) Roberts Road South of Sibley Drive 3) Rolling Oaks Lane 4) Seventh Avenue N.W. from Shady Ridge Road to School Road 5) Sherwood Circle 6) Echo Drive Area The estimated cost is $176,800.00. Mayor Black asked if there was anyone present who wished to be heard. There was no response. (c) 79-03 - CURB AND GUTTER Mayor Black read Publication No. 2153, Notice of Hearing, Project 79-03 for the installation of curb and gutter for the following areas: 1) Hilltop Lane in Hilltop Addition 2) Connecticut Street from the South Line of Hilltop Addition to Campbell Lane 3) Campbell Lane from Connecticut Street to Shady Ridge Road The estimated cost is $64,600.00. Mayor Black opened the hearing to the public and asked if there was anyone present wishing to be heard. The following were present and made inquiries regarding Project 79-03: Unidentified Man Thought Hilltop Lane and Campbell Lane should not be put into same project. In the north area there was no street until last fall. In order to put in driveway at a later date, it will be -2- Council Minutes April 24, 1979 necessary to tear up curb and gutter. Sewer and water are not in all the way. Marlow Priebe Reported there have been problems in keeping City Engineer up the road for those living there. Curb and gutter improvements are according to the schedule. Unidentified Man Stated he was in favor of curb and gutter being Hilltop Addition put in as the cost will never get any cheaper. Felt it would help with the problem of water in the spring time. (d) 79-04 - BITUMINOUS SURFACING Mayor Black read Publication No. 2154, Notice of Hearing, Project 79-04 for the installation of bituminous surfacing for the following areas: 1) Rose Lane in Johnson's Terrace 2) Michigan Street from Arch Street to 600' North 3) Lakeview Lane from Roberts Road to McDonalds Drive 4) Roberts Road West of Lakeview Lane 5) Third Avenue S.E. from Hassan Street to Adams Street The estimated cost is $190,400.00. Mayor Black asked if there was anyone present who wished to be heard. The following were present and made inquiries regarding Project 79-04: Walter Retzloff Inquired about Rose Lane improvement. His ad - 46 Fifth Ave. N.E. dress is Fifth Avenue N.E. but back yard abuts Rose Lane. Wondered if he would be assessed. Marlow Priebe Stated there would be no assessment for the Rose City Engineer Lane improvement as a former agreement had been made with the party. Unidentified Man Asked who would pay for the rest of the project. Mayor Black Explained the assessment procedure for paying for improvements. Unidentified Man Asked if the cost for each street is divided separately. Inquired as to the kind of surface being put on. Norman Tulman Commented on the condition of the road in the 710 Lakewood Dr. summer time and children playing in the trailer court near by. -3- Council Minutes April 24, 1979 (e) 79-05 - GRADE AND GRAVEL Mayor Black read Publication No. 2155, Notice of Hearing, Project 79-05 for installation of gravel base and grading for the following areas: 1) Rolling Oaks Lane 2) Seventh Avenue N.W. from Shady Ridge Road to School Road 3) School Road from T.H. #7 West to Seventh Avenue N.W. The estimated cost is $48,600.00. Mayor Black asked if there was anyone present wishing to be heard. There was no response. (f) 79-06 - CURB, GUTTER AND BITUMINOUS SURFACING Mayor Black read Publication No. 2156, Notice of Hearing, Project 79-06 for installation of curb and gutter and bituminous surfacing for the following areas: 1) East Highland Park Drive from Service Road to North Termini 2) Highland Park Area Service Drive 3) Oakland Avenue Service Drive Widening 4) Hospital Parking Lot The estimated cost is $162,000.00. Mayor Black asked if there was anyone present who wished to be heard. The following were present and made inquiries regarding Project 79-06: Unidentified Man Asked about the cost per foot for improvements on Oakland Avenue (south side) and if there would be any cost to the property owner. Marlow Priebe Commented that no notice had been sent to the City Engineer property owners in this area when the first hear- ing was held. Considering putting in a right - turn lane and widening for a left -turn lane. No reply had been received from the State on this project. The City Council will have to de- cide if the project should be included in the assessments. The cost will be approximately $20 per foot for the south side of Oakland Avenue. Unidentified Man Asked about widening the street on the highway side only. Already being assessed so wondered if he would be assessed again. -4- Council Minutes April 24, 1979 Marlow Priebe Reported that if there is new work done, there City Engineer can be other assessments by law. (g) 79-07 - SANITARY SEWER AND WATERMAIN Mayor Black read Publication No. 2157, Notice of Hearing, Project 79-07 for installation of sanitary sewer and watermain for the following areas: 1) Town and Country Addition 2) McDonald's Sixth Addition The estimated cost is $55,000.00. Mayor Black asked if there was anyone present wishing to be heard. There was no response. (h) 79-08 - STORM SEWER Mayor Black read Publication No. 2158, Notice of Hearing, Project 79-08 for installation of storm sewer for the following areas: 1) Town and Country Addition 2) McDonald's Sixth Addition The estimated cost is $40,000.00. Mayor Black asked if there was anyone present who wished to be heard. There was no response. There being no one else present wishing to be heard regarding the 1979 im- provement projects, Alderman Westlund made the motion to close the hearing at 8:28 P.M., seconded by Alderman Peterson, and unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6312 entitled Resolution Ordering Improvement and Preparation of Plans (79-01). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6313 entitled Resolution Ordering I m provement and Preparation of Plans (79-02). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6314 entitled Resolution Ordering Improvement and Preparation of Plans (79-03, 04, 05 & 06). Motion unanimously carried. -5- Council Minutes April 24, 1979 After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6315 entitled Resolution Ordering Improvement and Preparation of Plans (79-07). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6316 entitled Resolution Ordering Improvement and Preparation of Plans (79-08). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6317 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids (79-01). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6318 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids (79-02). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6319 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids (79-03, 04, 05 & 06). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6320 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids (79-07). Motion unanimously carried. After discussion, it was moved by Alderman Peterson, seconded by Alderman Westlund, to waive reading and adopt Resolution No. 6321 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids (79-08). Motion unanimously carried. The motion was made by Alderman Peterson, seconded by Alderman Westlund and unanimously carried, to advertise for bids on the 1979 Improvement Projects to be received May 21, 1979 at 1:30 P.M. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR GEORGE FIELD TO ATTEND MINNESOTA STATE FIRE SCHOOL MAY 18-20, 1979 After discussion, it was moved by Alderman Westlund to approve the request for George Field to attend the Minnesota State Fire School. Seconded by Alderman Peterson, the motion carried unanimously. Council Minutes April 24, 1979 (b) CONSIDERATION OF REQUEST FOR GEORGE FIELD TO ATTEND FIRE INSTRUCTOR'S ASSOCIATION OF MINNESOTA SPRING CONFERENCE MAY 5-6, 1979 After discussion, the motion was made by Alderman Peterson, seconded by Alder- man Gruenhagen and unanimously carried, to approve the request for George Field to attend the Fire Inspector's Conference. (c) CONSIDERATION OF REQUEST FOR PARADE BY AMERICAN LEGION Following discussion, Alderman Westlund made the motion to approve the Ameri- can Legion's Memorial Service Parade on May 20, 1979, and to waive the parade permit fee. Seconded by Alderman Huntwork, the motion unanimously carried. (d) CONSIDERATION OF REQUEST BY AMERICAN LEGION FOR USE OF LIBRARY SQUARE FOR MEMORIAL SERVICE ON MAY 20, 1979 After discussion, it was moved by Alderman Peterson to approve the use of Library Square by the American Legion for a Memorial Service on May 20, 1979. The motion was seconded by Alderman Gruenhagen and carried unanimously. (e) CONSIDERATION OF REQUEST FOR PARADE PERMIT BY AMERICAN LEGION POST 96 FOR MAY 28, 1979 Following discussion, the motbn was made by Alderman Gruenhagen, seconded by Alderman Westlund and carried unanimously, to approve a parade permit by the American Legion Post 96 for the Memorial Day Parade on May 28, 1979, and to waive the parade permit fee. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6323 - TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Westlund to waive reading and adopt Resolution No. 6323 entitled Transferring $10,000 from Liquor Store to General Fund. Seconded by Alderman Peterson, the motion carried unanimously. (b) ORDINANCE NO. 5/79 - SECTION 1021 - HAZARDOUS WOOD Mr. Steve Cook, DNR Regional Coordinator, explained the purpose of the ordi- nance on hazardous wood and how storage of firewood will be handled. Following discussion, Alderman Peterson made the motion to waive reading of Ordinance No. 5/79 entitled Section 1021 - Hazardous Wood,and set the second reading for May 8, 1979. The motion was seconded by Alderman Huntwork and unanimously carried. -7- Council Minutes April 24, 1979 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - MARCH 1979 There being no discussion, the report was ordered by the Mayor to be received for filing. (b) MINUTES OF HUTCHINSON CIVIC ARENA BOARD DATED MARCH 21, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF BURNS MANOR NURSING HOME BOARD DATED MARCH 13, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF AIRPORT COMMISSION DATED MARCH 22, 1979 AND APRIL 11, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED APRIL 3, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF PLANNING COMMISSION OF SPECIAL MEETING DATED MARCH 20, 1979, REGU- LAR MEETING DATED MARCH 20, 1979 AND REGULAR MEETING DATED APRIL 17, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (g) MINUTES OF DOWNTOWN DEVELOPMENT DISTRICT ADVISORY BOARD DATED APRIL 17, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (h) MINUTES OF TRANSPORTATION BOARD DATED APRIL 11, 1979 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF INDUSTRIAL REVENUE BOND FINANCING FOR DEVELOPERS DIVERSIFIED (DEFERRED APRIL 10, 1979) S Council Minutes April 24, 1979 Mayor Black summarized that at the last City Council meeting the motion was made for reconsideration to be given to revenue bond financing for Developers Diversified, contingent upon their willingness to work with the City on the Downtown Development Project. Developers Diversified was subsequently re- quested to prepare a presentation, and Mr. John McGill was then called upon. Mr. McGill reported he had met with their market research firm and reviewed the Hutchinson downtown plan. After looking at the proposed square footage to be added onto existing buildings and the parking situation, it was their conclusion that the plan is short 600 parking spaces to accommodate the amount of added space. Further, it was their conclusion that there is no room for any additional space downtown. Tenants would also be needed to support 70,000 square feet, and the lack of adequate parking and poor visibility would pro- hibit attracting national chain tenants. The first step would be to eliminate the additional square footage behind the buildings and put the plan onto Main Street. The development should attract the consumer; therefore, the total area, plus some other possible areas for parking rather than retail, should be taken into consideration. It was the proposal of Mr. McGill that their planner be allowed to conduct a detailed survey of the merchants along Main Street to determine what they want, what they will spend on development, and whether they plan to stay downtown. A small boutique mall downtown could be a consideration. After the survey was completed, a proposal would be the outcome of the results. Mayor Black remarked that the downtown project has been in progress for two years. He asked if Mr. McGill was stating the proposed downtown plan was not valid. Consultant Clarence Simonowicz emphasized that he didn't feel the issue was adequate parking, but rather which project should be supported. Norman Tulman Asked how many downtown projects Developers Di- Tulman's Fashion Shop versified had done or was he going by research done. Also asked if McGill was aware that con- crete malls are detrimental to society. John McGill Replied his company had been involved in two Developers Diversified downtown projects, but neither one had developed. His company does commercial development, but they will work on feasible downtown plans. Frank Fay Asked if there was a question before the City Frank Fay Realty Council whether they were going to allow indus- trial revenue bonds for the mall south of town or if the question was whether we are support- ing downtown project or the proposed mall. Fur- ther, he could not understand why any company Council Minutes April 24, 1979 had to depend on government to secure money for financing. Mr. Fay pointed out adequate funds are available to financially solid companies. He did not feel it was right to use the tax pay- ers' money to develop private business. Mayor Black Responded that the question is on issuance of industrial revenue bonds for the mall south of town, but Clarence Simonowicz had hit on the real issue. He then explained how industrial revenue bonds are issued. John McGill Pointed out that revenue bonds are not tax payers' money. Further, his company is sound and could borrow from other sources. John Miller Commented he had read about previous Council pro - 714 Shady Ridge Road ceedings and action on this matter. Pointed out industrial revenue bonds were for the purpose of bringing in industry and never intended to finance a business that would compete with established businesses. Alderman Huntwork Pointed out the Council is on record of favoring business with issuance of industrial revenue bonds, ie., Holiday Inn. Also, the downtown project will be using bonds and tax increment financing. Jim DeMeyer Commented that improving is one thing and creating DeMeyer Realty is another thing. It is necessary to complete with the money market. Ted Beatty Felt one project could succeed, but not both. Hutchinson Drug Must ask whether financing would be given to one or the other. He was not in favor of issuing an industrial revenue bond for the proposed mall. Ward Haugen Inquired if the City's credit rating would be GTC Auto Parts used to purchase industrial revenue bonds. What would it cost the City to go from one rating to another? Would the City's credit rating be af- fected if the project failed? Bob Carney Stated that from the tax payer's viewpoint, it ap- Crow River Warehouse peared that if a shopping center went in south of town, the downtown would probably deteriorate and the tax base would go down. In the end it would cost the property owner money. If a shopping center were built downtown and didn't work, it would cost the tax payer money; but if it did work, it would save him money because the tax base would go up. -10- Council Minutes April 24, 1979 Frank Fay Asked the cost to the City to put in streets, Frank Fay Realty curbs, etc., if the bonds were approved for the proposed mall. Mayor Black Statedthe question was not germane to the issue. When the City first knew of plans for the mall, it was the City's intent not to stand in the way of its progress, but neither would the City do anything to encourage or support its development. If private financing was used, he would be agree- able to the mall proceeding. However, he does not feel the City should be used to finance the project and draw business away from the downtown area. The question is whether the downtown project is going to be continued or if attention will be turned to the mall on the south edge of town. Alderman Westlund Commented on when the denial was given to the request two months ago, and he didn't see any change now. He didn't feel Developers Diversi- fied had presented a proposal for the downtown project. The motion was made by Alderman Westlund to decline the request by Developers Diversified for industrial revenue bonds. Chairman Black seconded the motion, with Alderman Westlund and Mayor Black voting aye, and Aldermen Peterson, Gruen- hagen and Huntwork voting nay. Mayor Black commented that no financial statement on Developers Diversified had been received by the City. He wanted to know if the mall would be a de- velopment to be done by them, or would it be sold, leased or handled by some other organization. Mr. McGill responded that the mall would be built, developed and maintained by Developers Diversified. The outer lying edges of the property might be leased or sold to tenants, but the mall itself would be on a lease basis. It was moved by Alderman Gruenhagen to grant an industrial revenue bond to Developers Diversified and request financial stature of company be issued to the City or City Attorney. There being no second, the motion died. Alderman Huntwork expressed exasperation of having to make a major decision with information unavailable on which to base it. He concurred with Mr. Mc- Gill on his comments regarding lack of parking space, and commented it may not be possible to develop anything downtown in terms of a retail center. He further pointed out that if the industrial revenue bond was denied, the City may wind up with neither project. The downtown idea becomes shaky if healthy shopping along Main Street was not the goal. -11- Council Minutes April 24, 1979 City Attorney Schantzen requested Developers Diversified to present some financial facts and data to the City for their review, as well as a list of prospective tenants in the proposed mall. Alderman Gruenhagen pointed out that the downtown project has gone on for two to three years, and they aren't any closer to doing anything than they were before. The merchants need to work together to get something going. Develop- ers Diversified has indicated they are willing to do something in Hutchinson. If too much time is taken to reach a decision, the City may lose a good shop- ping center. Alderman Peterson raised a few questions regarding the proposed mall. He thanked Mr. McGill for being honest and stating the proposed downtown plan would not work. He himself had felt dissatisfied with certain aspects of the plan. He further pointed out that competition will come in and compete with the downtown, in one form or another. Mr. McGill stated his company was still willing to have their firm come in to Hutchinson and get involved by doing a study. He felt something could be done in the downtown area. Developers Diversified had already done a study when they decided to build a mall in Hutchinson. McGill stated his company will follow through on its commitment, and they will work on the project. Mayor Black stated he would like to leave the door open on the issue. Since there was nothing before the Council at this point, the only option would be for Developers Diversified to prepare a package and present it to the City Council at a future meeting. 9. NEW BUSINESS (a) CONSIDERATION OF REPAIR ON RAW SEWAGE PUMPS, SEWAGE TREATMENT PLANT City Engineer/Public Works Director Priebe reported the lift station installed in 1969 is in need of repair by replacing the impellers and sleeves at a cost of $2,834.50. After discussion, it was moved by Alderman Westlund, seconded by Alderman Gruenhagen and unanimously carried, to approve the repair. (b) CONSIDERATION OF REPAIR ON LIFT STATION City Engineer/Public Works Director Priebe reported the 10 -year old lift sta- tion needs new impellers and shaft seals at a cost of $923.00. City staff will take care of the installation. Following discussion, the motion was made by Alderman Gruenhagen to approve the repair on the lift station. Seconded by Alderman Peterson, the motion carried unanimously. -12- Council Minutes April 24, 1979 (c) CONSIDERATION OF ON -SALE MALT LIQUOR LICENSES: 1. LEONARD ODEGAARD - CHRISTY'S 2. JOHN BUYTARET - J'S PIZZA GARTEN 3. CROW RIVER COUNTRY CLUB 4. JACK ANDERSON - JACK'S TAVERN 5. LARRY KREIGH/DON WURZBERGER - PIZZA HUT 6. TOM DOLDER - T. L. SCALAWAGS, INC. (NOT RENEWING LICENSE) 7. LARRY CORNWELL - HUTCH BOWL 8. WM. CLARK, MANAGER - GODFATHER'S PIZZA 9. LUZ CAMPA, JR. - LA CASA DE CAMPA 10. JEROME EISCHENS - THE FRONTIER HOUSE After discussion, it was moved by Alderman Westlund to approve the on -sale malt liquor applications and issue licenses to the above-named applicants. Seconded by Alderman Peterson, the motion unanimously carried. (d) CONSIDERATION OF OFF -SALE MALT LIQUOR LICENSES: 1. JAHNKE'S RED OWL 2. ERICKSON'S OIL PRODUCTS 3. NATIONAL FOOD STORE 4. JOHNSON'S SUPER VALU 5. HUTCHINSON WAREHOUSE GROCERY 6. GAS HUTCH AND DISCOUNT DAIRY Following discussion, Alderman Peterson made the motion to approve the off - sale malt liquor applications and issue licenses to the above-named applicants. The motion was seconded by Alderman Huntwork and carried unanimously. (e) CONSIDERATION OF APPLICATION FOR TAXICAB LICENSE BY JAMES AND DOLLIE HESSE After discussion, the motion was made by Alderman Peterson, seconded by Alder- man Gruenhagen and unanimously carried, to approve a taxicab license for James and Dollie Hesse. (f) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY CLARENCE STARKS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, it was moved by Alderman Huntwork to waive reading and adopt Resolution No. 6324 entitled Resolution Granting Conditional Use Per- mit under Section 6.07, C-5 of Zoning Ordinance No. 464 to Allow Construction of Garage. Seconded by Alderman Westlund, the motion unanimously carried. (g) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY DELMAR PITTMAN - AMENDMENT TO AND EXTENSION OF PUD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION -13- Council Minutes April 24, 1979 City Engineer/Public Works Director Priebe reported the PUD was first ap- proved in 1975, but because of a minor modification in the plan and time expiration it was necessary to secure a Conditional Use Permit. He also pointed out the plan would be short one parking space if the proposed en- trance and existing entrance on Neal Avenue were closed and placed on Dale Street instead. Mrs. Robert Ringstrom submitted to the City Council a petition signed by approximately 20 surrounding property owners. The petition requested place- ment of no parking signs on the south side of Neal Avenue off Dale Street and a fence constructed at Mr. Pittman's expense across the entire east property line, along South Grade Road, and Neal Avenue. Robert Ringstrom Opposed the expansion of the apartment complex 924 Keith Street and felt it would be of no value to the neighbor- hood. He felt that those who attended the Plan- ning Commission public hearing received a cold reception and their comments were not considered. He requested the petition submitted tonight be given consideration. Michael Carls Asked if it is not the power of the Council to 915 Neal Avenue deny permission. Mayor Black Responded that it is within the Council's power to deny permission. They have tried to be fair and took into consideration the amount of money invested in the project. Adm. Asst. Plotz Reported there have been two renewals on this project. The request for extension must be within an 18 -month period, which was the case here. Michael Carls Asked at what point the citizens are listened to. 915 Neal Avenue Felt there should be a disclosure ordinance to tell property owners of apartment buildings be- ing planned in an area. Inquired what the invest- ment value was for the property in the area. Mayor Black Stated the PUD was platted and planned for the area since 1975. Since it had originally been planned and platted, it should be allowed. He wasn't sure if the City had an obligation to in- form each property owner (purchaser) of plans for an area. Mayor Black was not sure of the dollar investment amount of the project. -14- Council Minutes April 24, 1979 James DeMeyer Commented that the property buyer should check DeMeyer Realty into the zoning ordinance for the area where his prospective property is located. Michael Carls Asked if there was a zoning requirement per foot - 915 Neal Avenue age for a 25 -unit building. How many are needed? Also asked if the same land would provide property for the garage. City Engineer Priebe Replied the tract is large enough for 80 units, with three floors of 40'. Mike Jaster Had been thinking about this matter and felt if 815 Dale S-treet the property owner couldn't put up the building �. Iin three years time, it would never be done. James DeMeyer Reported this property had been sold once or DeMeyer Realty twice since 1975. Once the land is zoned, it stays the same until changed. Mayor Black Commented that the land could be re -platted and re -zoned. Ron Pribyl Asked realtor about property when he bought his 915 S. Grade Rd. home, and he was told there would be no apartment building in the area. Dale Annis Was told a survey had been made of traffic in 871 Dale the area. Asked when it was done. Felt this was a heavily traveled area with much traffic. City Engineer Priebe Reported a survey was done by the State in 1975. Another one will be made this year or next year. The motion was made by Alderman Westlund that with the action taken in 1975 and requirements following, and recommendation of the Planning Commission, to close both accesses on Neal Avenue and put a single opening on Dale Street as recommended. Seconded by Alderman Gruenhagen, the motion unanimously carried. Alderman Huntwork moved to amend the resolution by adding the requirement of a privacy fence along the east property line of Lot 7, in said Albert's First Addition. The motion was seconded by Alderman Westlund and carried unanimously. It was moved by Alderman Westlund, seconded by Alderman Peterson and unani- mously carried, to waive reading and adopt amended Resolution No. 6325 en- titled Resolution Granting Conditional Use Permit under Section 6.07, C-5 of Zoning Ordinance No. 464 for Amendment To and Extension of PUD. -15- Council Minutes April 24, 1979 (h) CONSIDERATION OF REQUEST FOR VARIANCES) SUBMITTED BY PAUL HAAG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mayor Black raised a question on the dock facilities and asked City Engineer/ Public Works Director Priebe to give a report. Mr. Priebe reported there is a loading dock within the building which is to be moved to another location. Since the building was constructed prior to the present ordinance, it is grandfathered. Following discussion, the motion was made by Alderman Huntwork, seconded by Alderman Gruenhagen and carried unanimously, to waive reading and adopt Reso- lution No. 6326 entitled Resolution Granting Variance(s) from Section 6.05, B-3 of the Zoning Ordinance No. 464 for Sideyard Setbacks. (i) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY PAUL HAAG WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, Alderman Huntwork moved to waive reading and adopt Resolu- tion No. 6327 entitled Resolution Granting Conditional Use Permit Under Sec- tion 6.07, C-5 of Zoning Ordinance No. 464 to Allow An Addition to Present Non -Conforming Building, with the amendment that the completion date be Novem- ber 1, 1979 for paving the parking lot. Seconded by Alderman Westlund, the motion carried unanimously. (j) CONSIDERATION OF REQUEST FOR ANNEXATION SUBMITTED BY RICHARD SCHMIDTBAUER Following discussion, the motion was made by Alderman Westlund to waive read- ing and adopt Resolution No. 6328 entitled Request for Annexation. Seconded by Alderman Peterson, the motion carried unanimously. (k) CONSIDERATION OF FINANCIAL ASSISTANCE FOR NUTRITION PROGRAM FOR THE ELDERLY Mr. James D. Carlson, Project Director for the Nutrition Program for the Elderly, appeared before the Council to request financial assistance for the Hutchinson program. He stated there had been a cut in Minnesota funds for fiscal year 1979 on a national level, effective in November. He, there- fore, suggested the City contribute $1,385.00 to the program. Other project area cities would likewise be contributing additional funds. Alderman Westlund remarked this was a government program, and now they were putting the burden on the City by cutting funds. He had reservations about granting this amount of money for the program. Mayor Black concurred with Alderman Westlund in that he was not sure he total- ly endorsed the program. The program was imposed on the City and then funds cut back so it falls on the City to support it. The City is on levy limits so there is nothing in the budget to cover this amount. -16- Council Minutes April 24,. 1979 Mr. Carlson suggested the amount could be reduced if some funds would be available for the program. He pointed out participation had increased 26% in the last year. When asked by Alderman Huntwork if the program could seek private support, Mr. Carlson responded he had not yet approached any private foundations. The motion was made by Alderman Gruenhagen to deny the request for financial assistance to the Nutrtion Program for the Elderly. The motion was seconded by Alderman Westlund. Alderman Huntwork moved to amend the motion that the City Council grant the request for $1,385.00 on a one-time only basis. Seconded by Alderman Peter- son, the motion unanimously carried. (1) CONSIDERATION OF HIRING PART-TIME EMPLOYEE FOR MOTOR VEHICLE OFFICE After discussion, it was moved by Alderman Peterson, seconded by Alderman Gruenhagen and unanimously carried, to approve the employment of Mrs. Odella Radtke as part-time employee in the Motor Vehicle Office. (m) CONSIDERATION OF BICYCLE SAFETY GRANT AGREEMENT Administrative Assistant Plotz explained the grant is a soft -match and no additional funding will be required. It was moved by Alderman Westlund to authorize the Mayor and City Clerk to sign the agreement and to waive reading and adopt Resolution No. 6322 en- titled Resolution Entering Into Agreement with State of Minnesota, Depart- ment of Public Safety. Seconded by Alderman Huntwork, the motion carried unanimously. (n) CONSIDERATION OF SELECTING BUILDING SITE FOR PROPOSED MUNICIPAL BUILDING (FIRE/POLICE/CITY) Mayor Black reported on a joint meeting of the City Council, Planning Com- mission and Fire Department Building Committee to consider a site for the proposed municipal building. It is the recommendation of the Municipal Fa- cilities Committee that the site be located immediately east of Library Square on the South 4/5 of the block. The next step would then be to select an architect to design the building. The motion was made by Alderman Huntwork to adopt the tentative site for the Municipal Building East of Library Square on the South 4/5 of said block. Seconded by Alderman Gruenhagen, the motion carried unanimously. (o) CONSIDERATION OF SOLICITATION OF PROPOSALS FOR SELECTION OF ARCHITECT FOR MUNICIPAL BUILDING (FIRE/POLICE) -17- Council Minutes April 24, 1979 10. Following discussion, Alderman Westlund moved to solicit proposals for selection of an architect, with the proposals due June 1, 1979. Seconded by Alderman Gruenhagen, the motion carried unanimously. (p) CONSIDERATION OF AUTHORIZING DRAWING AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR AN ICE RESURFACING MACHINE After discussion, the motion was made by Alderman Westlund to approve draw- ing and specifications for an ice resurfacing machine for the Civic Arena, with bids to be opened May 18, 1979 at 12:00 Noon. Seconded by Alderman Huntwork, the motion unanimously carried. (q) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mayor Black read a copy of the letter sent to all delinquent account holders. He then inquired if there was anyone present wishing to be heard regarding his/her account. No one responded. After discussion, Alderman Peterson moved to discontinue service on May 1, 1979 for the following accounts if not paid by that date, with the exception of accounts No. 03-0405-0-00, 06-0505-2-00, and 42-0070-0-009 02-0450-5-00, 03-0210-1-00, 07-0305-5-00, 19-0230-5-00, and 07-0905-5-00. The motion was seconded by Alderman Westlund and unanimously carried. (r) CONSIDERATION OF HIRING SUMMER EMPLOYEE IN PARK DEPARTMENT After discussion, the motion was made by Alderman Westlund to approve the employment of Norman Wright as summer employee in the Park Department. The motion was seconded by Alderman Peterson and unanimously carried. (s) CONSIDERATION OF AUTHORIZATION FOR RECREATION DIRECTOR TO BID ON PICK-UP TRUCK Following discussion, Alderman Westlund moved to authorize the Recreation Director to bid on a pick-up truck. Seconded by Alderman Huntwork, the mo- tion carried unanimously. MISCELLANEOUS (a) COMMUNICATIONS FROM CLERK -ADMINISTRATIVE ASSISTANT Administrative Assistant Plotz reported that a 10:00 A.M. meeting on Wed- nesday, April 25, 1979, is scheduled with the railroad officials regarding the possibility of removing the railroad tracks for the motel site. On Thursday morning, April 26, the student who prepared the proposal for the Hutchinson fire/police station will be presenting his drawing at a meeting scheduled for 7:30 A.M. Mr. Plotz reminded the Council of the two interviews of applicants for the Council Minutes April 24, 1979 forester position scheduled for 9:00 and 10:00 A.M. on Saturday, April 28. Mention was made of the Coalition of Outstate Cities meeting on May 3 in St. Paul. Both Mayor Black and Administrative Assistant Plotz plan to at- tend. Mr. Plotz made reference to the fact that April 25 is National Secretary's Day, and flowers will be given to all the girls in the office. (b) COMMUNICATIONS FROM CITY ENGINEER/PUBLIC WORKS DIRECTOR City Engineer/Public Works Director Priebe reported on P.C.A. permit require- ments. He then requested permission to have R.C.M. staff help to resolve the problem. The estimated cost of the assistance will be $3,000.00. After discussion, it was moved by Alderman Westlund to approve the assistance of R.C.M. Seconded by Alderman Huntwork, the motion unanimously carried. It was reported that Fred Roberts contacted Hutchinson Landscaping and re- ceived an estimate of $2,256 to seed around the School Road Bridge. This amount was not budgeted. Following discussion, Alderman Westlund moved to approve the request for seeding and ask for a recommendation from the Park Department as to their plan for the area. Seconded by Alderman Gruenhagen, the motion carried unanimously. (c) COMMUNICATIONS FROM MAYOR Mayor Black made note that the City of Hutchinson had won a commendable award from the Minnesota Safety Council for Traffic Safety Law Enforcement. Reference was made to the upcoming Annual Conference of the League of Min- nesota Cities to be held in Bloomington June 13-15, 1979. He pointed out the Friday noon highlight would be a luncheon banquet with Governor Quie as speaker. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Westlund, seconded by Alderman Peterson and unani- mously carried, to approve the verified claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business to come before the Council, the meeting was ad- journed at 11:04 P.M. upon motion by Alderman Westlund, seconded by Alderman Hunt - work, and unanimously carried. -19-