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10-26-1982 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 1982 1. CALL TO ORDER The meeting was called to order at 6:00 P.M. by Mayor DeMeyer at the high school cafeteria, with the following present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruenhagen, Alderman Ted Beatty, and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe, City Attorney James Schaefer, and City Accountant Kenneth B. Merrill. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Special Meeting of October 4, 1982 and Regular Meeting of October 12, 1982 were approved as presented upon motion by Alderman Carls, seconded by Alderman Gruenhagen and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) PROJECT 82-49 - STORM SEWER LINE & APPURTENANCES Mayor DeMeyer read Publication No. 2990, Notice of Hearing on Improvement, Project 82-49, for construction of a storm sewer line and appurtenances in the area between Bradford Street on the East, Echo Drive on the West and Century Avenue on the South and Oakland Avenue (service drive) on the North. The estimated cost of the improvement is $13,980.20. No one was present to voice objection to the project. Alderman Beatty moved to close the hearing at 8:01 P.M. Motion seconded by Alderman Mlinar and unanimously approved. It was reported by the City Engineer that one bid had been received, and his recommendation was to award the contract to Juul Contracting Co. in the amount of $8,513.10. After discussion, it was moved by Alderman Mlinar, seconded by Alderman Beatty, to waive reading and adopt Resolution No. 7284 entitled Resolution Ordering Improvement and Preparation of Plans, Project 82-49. Motion car- ried, with Alderman Gruenhagen abstaining from voting. The motion was made by Alderman Beatty to approve the project and waive reading and adopt Resolution No. 7285 entitled Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Project No. 82-49. Motion seconded by Alderman Mlinar and carried, with Alderman Gruenhagen abstaining from voting. C;� J. COUNCIL MINUTES OCTOBER 26, 1982 Alderman Mlinar made the motion to waive reading and adopt Resolution No. 7286 entitled Resolution Accepting Bid and Awarding Contract, Project 82-49. The motion was seconded by Alderman Beatty and carried, with Alderman Gruen- hagen abstaining from voting. (b) HEARING ON PROPOSED DOWNTOWN PARKING IMPROVEMENT Mayor DeMeyer called the hearing to order and read Publication No. 2992, Notice of Hearing On Proposed Assessment, Downtown Parking, Assessment Roll No. 152. He then proceeded to establish guidelines of procedure for the hearing. The Mayor reported approximately 25 letters had been received expressing objection to the proposed downtown parking program. He further pointed out the importance of submitting a written objection at tonight's meeting if anyone intended to appeal the assessment. The Mayor then stated he would read aloud the letters received to date. Alderman Beatty made the motion to waive the reading of the letters. The motion failed for lack of a second. Mr. Frank Fay requested that his letter not be read aloud. Upon a majority vote of the people present, the Mayor read the letters aloud. The follow- ing made a verbal response. Irvin Burich He stated the bank owned three pieces of Citizens Bank & Trust Co. property that were assessed as separate par- cels. Since the three properties are con- nected, they should be treated as one. He had no objection to the assessment on the two parcels, but the drive-in portion had a park- ing requirement of 20 parking spaces. It was pointed out a drive-in does not require park- ing. Therefore, an adjustment would need to be made on the spaces credited to the bank. Charles Brill, Mgr. Mr. Brill reported the assessment letter and State Twin Theater Publication No. 2992 had been sent to the Min- neapolis office, and he was not aware a let- ter of appeal had to be presented at this time. The owner of the theater was not fav- orable with the assessment, and he was sub- miting a letter tonight until such time as their attorney can represent the theater. Skip Quade Mr. Quade commented he was the chairman of Quade's the Downtown Parking Committee. He then gave -2- COUNCIL MINUTES OCTOBER 26, 1982 Russell Meade Meade's 66 Station Clarice Coston, Exec. V.P. Chamber of Commerce a presentation on the history of the parking program. It was reported the program began in the 1950's with an awareness of the prob- lem. In 1968 the City Council appointed a committee to study the parking problem. Then in 1977 a $2,500,000 parking program was pro- posed, with no action taken. In 1980 a pro- posal of $1,500,000 was made but again no ac- tion. Also, in 1980 the Downtown Parking District was established. A downtown parking plan for $1,250,000 was proposed in 1981, and this is the program now being considered. A public hearing was held in January 1981 and continued in March 1981. It was estimated the current need for parking was 387 stalls. He stated he felt some alternatives to the program should be discussed. Mrs. Coston inquired about the cost for angle parking and the number of parking spaces it would provide. Marlow Priebe The City Engineer reported he had reviewed City Engineer the area and found 650 existing parking spaces. He estimated a total of 1,065 spaces in the proposal. The total street construction cost for the four -phased project would be approxi- mately $1,000,682. Alderman Beatty Alderman Beatty remarked that Mrs. Coston's question was, how much of the assessment would be used for on -street parking. The answer was $300,000. Irvin Burich Mr. Burich commented on the parking fund and Citizens Bank & Trust Co. the additional amount for the on -street park- ing plan. Someone had stated there would be no cost, but he wasn't sure who there would be no cost to. It might come under the head- ing of special assessments. Russell Meade Mr. Meade stated there still hadn't been any Meade's 66 Station alternatives presented. He objected to the assessment in total, but he would be willing to contribute if it was ironed out and fairly done. -3- COUNCIL MINUTES OCTOBER 26, 1982 Bernard Stolpman Mr. Stolpman commented that he was disap- Property Owner pointed Mr. Smith was not allowed to speak since the people were interested in his pro- posal. If Smith's plan materialized, addi- tional parking spaces would be provided at no cost to the City or downtown merchants. The downtown parking left a "bad taste" be- cause it was a Main Street group working on the proposal. The representatives did not take into consideration the feelings or re- marks made by those merchants located off of Main Street. It is a wonderful thing for a downtown business to get a parking lot in its back yard (i.e., S & L project) when others had to provide their own parking spaces and maintain the lots. It makes those located off Main Street feel bad. It would be better to move off Main Street. People shop at the outer business area locations. He felt no one listened to what he had to say. Robert Rozmarynowski Mr. Rozmarynowski asked if consideration had Wash Tub been given to all the new lands put into the assessment. The out -lying areas contain bus- inesses that have already spent dollar amounts on parking spaces, but they have not been given consideration. He further commented that a year ago hearings were held, and people voiced objection against the parking program. Still they have not been listened to so the City will have to deal with court actions. Jay Alrick Mr. Alrick pointed out he came to Hutchinson Alrick's Men's Clothiers to establish a retail business. However, there are other shopping areas to compete with. If there is going to be a strong downtown, there is a need for downtown parking close to the businesses. He stated he was in agreement with the assessed amount for his business and was willing to pay that figure, which would amount to about $2.00 a day. Mr. Alrick ex- pressed surprise that more people weren't in support of the downtown parking. Skip Quade Mr. Quade stated his business probably has all Quade's Plumbing, Heating the parking spaces required, and there is no & Electric problem with on -street parking because of his location. However, he is still willing to pay -4- COUNCIL MINUTES OCTOBER 26, 1982 the assessment since he feels future growth requires parking to bring more business into the downtown. He further agreed there may be some inequities in the assessment formula. Some of the people voicing objection are not against parking but rather the dollars being assessed. Milburn Henke Mr. Henke made reference to Bernard Stolpman's Property Owner comment about the downtown parking program benefitting all of Main Street. He pointed out many of the merchants have been against the entire concept of the downtown parking from the very beginning, and they did not feel it was needed. He felt that if a poll was taken, it would go down 3 to 1. Since the money has already been borrowed, he must as- sume it is all cut and dried. Nothing said tonight will be heard. Mr. Henke stated he had four parking spaces behind the building but was only credited for two. Arle Schlecht Mr. Schlecht asked if there could be court Plowman's, Inc. action on the downtown parking or if it was cut and dried. Sandy Lennes Mrs. Lennes commented her business was started Hickory Lane six years ago, and it was felt this was a good area for it. However, there is a need for more parking space. Perhaps there have been several inequities, but this has been an issue for so many years. She wished the City Council would move ahead with the downtown parking, and per- haps they should re-evaluate the assessment method. Lorraine Meyer Mrs. Meyer stated the Meat IN Cheese Shop was Property Owner in her backyard, and she felt the assessment was in excess. Also, the building owned down- town had no need for additional parking. She was objecting to the assessments. Joe Wesley Mr. Wesley thought there were some interesting Wesley Pharmacy points made at the:meeting. He felt the City Council needed to address the inequities, but there were some good points to consider. An assessment program was needed that would be more fair and consider each merchant individ- ually. There is a need for convenient downtown parking for many of the businesses. -5- COUNCIL MINUTES OCTOBER 26, 1982 Richard Smith Mr. Smith remarked that he was not objecting Property Owner & to the assessment on his property but to the Developer method being used. He then asked several ques- tions relating to the parking plan as well as the proposed on -street angl& parking. In closing, Mr. Smith stated he was in full sup- port of additional downtown parking. Jerry Mengle Mr. Mengle pointed out that if it had been Planning Consultant determined there was a need of 387 parking spaces and angle parking produced a net gain of 415 spaces, there would be over 600 parking spaces to meet a net need of 387. He then inquired if the over-all need was well estab- lished and correct. On the surface, it would appear that the City could solve its entire parking need by implementing the on -street program at an approximate cost of $300,000. Dr. Lester Schuft Dr. Schuft stated he could recognize the 45 Third Avenue SE City's position and could realize the need for parking, but there must be some way to adjust the assessment figures. If the assess- ment went through, he would have a difficult time holding on to his building. The indi- vidual situation must be considered. Dr. Schuft stressed that 60% of the amount will come from assessment to downtown property owners and 40% from the City, which means he will be paying again. Following Council discussion, the motion was made by Alderman Beatty to close the hearing at 10:40 P.M. Motion seconded by Alderman Gruenhagen and carried unanimously. Alderman Mlinar moved to hear Richard Smith's downtown proposal. Seconded by Alderman Gruenhagen and carried, with Alderman Beatty voting nay. Alderman Carls moved to waive the rules and hear the proposal. Alderman Mlinar seconded the motion, and it carried. Mr. Richard Smith stated he had recently acquired property on Main Street from the Cenex station down to the Hutchinson Sewing Center. He proposed to build a 20,000 square foot complex in the area of the old Plowman's building on Second Street Southeast just off Main Street. The buildings on Main Street would be demolished and the area used for parking. mom f COUNCIL MINUTES OCTOBER 26, 1982 The owners of the Hutchinson Sewing Center and Brinkman's Studio were con- tacted and agreeable to relocating in the new center. The Firstate Federal building would remain intact but relocate its entry. The proposal would include tax increment financing to purchase the property and the use of the City's off-street parking funds. The City would gain 82 parking spaces at a cost of $3,780. A drawing of the proposed facility was presented by Jeff Pelling, architect for Miller Construction in St. Cloud. The City has made application for a Sheltered Workshop to be located in the old Plowman building. Mr. Smith researched the possibility of build- ing a new facility on five acres of free land at the vocational site. (c) AMENDING 1981 PARKING BOND ISSUE TO ALLOW FOR ON -STREET AND ON -BOULEVARD IMPROVEMENTS Mayor DeMeyer called the hearing to order at 11:05 P.M. City Attorney Schaefer explained the purpose of the hearing was to amend the 1981 parking improvement bonds to authorize the use of the proceeds to finance on -street and on -boulevard improvements. After discussion, it was moved by Alderman Gruenhagen to close the hear- ing at 11:10 P.M. Motion seconded by Alderman Beatty and unanimously car- ried. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 7260 entitled Resolution Relating to $1,250,000 Parking Improvement Bonds; Authorizing the Use of the Proceeds Thereof for On -Street Parking Improve- ments In the City. The motion was seconded by Alderman Carls and carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY MINNIE SCHULZE FOR REDUCED TRASH AND REFUSE RATE Following discussion, Alderman Carls moved to approve the reduced trash and refuse rate. Motion seconded by Alderman Beatty and approved unani- mous ly . 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 12/82 - ORDINANCE AMENDING SECTION 245:12 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED NURSING HOME BOARD RELATING TO POWERS AND DUTIES ME COUNCIL MINUTES OCTOBER 26, 1982 Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to waive second reading and adopt Ordinance No. 652 en- titled Ordinance Amending Section 245:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Nursing Home Board Relating to Powers and Duties. Motion unanimously approved. (b) RESOLUTION NO. 7278 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND After discussion, it was moved by Alderman Gruenhagen to waive reading and adopt Resolution No. 7278 entitled Transferring $20,000 from Liquor Store to General Fund. Motion seconded by Alderman Beatty and carried unanimously. (c) RESOLUTION NO. 7279 - A RESOLUTION REPEALING RESOLUTION NO. 2993 AND ESTABLISHING REVISED REGULATIONS FOR SNOW REMOVAL Following discussion, Alderman Beatty made the motion to waive reading and adopt Resolution No. 7279 entitled A Resolution Repealing Resolution No. 2993 and Establishing Revised Regulations for Snow Removal. The motion was seconded by Alderman Carls and unanimously carried. (d) RESOLUTION.NO. 7283 - TRANSFERRING $58,400 FROM SPECIAL ASSESSMENT BONDS OF 1982 FUND TO GENERAL FUND After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to waive reading and adopt Resolution No. 7283 entitled Trans- ferring $58,400 from Special Assessment Bonds of 1982 Fund to General Fund. Motion approved unanimously. 7. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS (a) MONTHLY FINANCIAL REPORT - SEPTEMBER 1982 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF PLANNING COMMISSION DATED SEPTEMBER 21, 1982 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) MINUTES OF SENIOR ADVISORY BOARD DATED AUGUST 11, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. COUNCIL MINUTES OCTOBER 26, 1982 (d) MINUTES OF HOSPITAL BOARD DATED JUNE 15, 1982; JUNE 23, 1982; JULY 20, 1982; AUGUST 17, 1982; AND SEPTEMBER 21, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF PARKS AND RECREATION BOARD DATED SEPTEMBER 1, 1982 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) DISCUSSION IN CONNECTION WITH USE OF CITY VEHICLES (REQUESTED BY MAYOR DEMEYER) (DEFERRED SEPTEMBER 14, 1982) Mr. Clarence Freitag inquired about the tax exempt license on city vehicles driven to and from work by employees. He further pointed out that two em- ployees drive city vehicles outside the county to their homes. He had no objection to the use of vehicles by those who deal with emergencies, but he felt it was the city taxpayers who paid for the gas. Mr. Leonard Lewandowski reiterated the comments of Mr. Freitag. He stated there are two cops and one other city employee who live out of town. The gas for the use of the vehicles they drive home comes out of the taxpayers' pocket. The City Attorney stated that as long as the vehicles were used by city employees who were on-call, the exempt status was justified. It was the Mayor's contention that the Chief of Police should be allowed to drive a city vehicle outside the city limits to his home due to his position. An exception should be made, but he didn't feel a vehicle should be provided for those employees who choose to live outside city limits. Several employees from the Street Department questioned whether those on- call really get called out. It was reported that they are on-call but not provided a vehicle. Each employee drives to and from the garage and re- ceives no reimbursement for gas or mileage. During the winter months they are called out early in the morning and on weekends to work long hours in adverse conditions for snow removal. They receive no over -time pay and are required to take time off at the supervisor's discretion. They felt there should be an equal and fair policy for the use of city vehicles. After discussion, the motion was made by Alderman Carls that all employees who respond to on-call keep a record during the months of November and De- cember of the number of hours involved for on-call and the specific duty, with the Council to be informed at the end of December. Motion seconded by Alderman Beatty and unanimously carried. COUNCIL MINUTES OCTOBER 26, 1982 (b) CONSIDERATION OF INSTALLING STREET LIGHT IN MIDDLE OF 600 BLOCK OF JUUL ROAD The Hutchinson Utilities Commission reported installation of a street light in the middle of the 600 block of Juul Road would cost approxi- mately $675.00. Permission had been obtained from the property owner to install the underground conductors along the west property line to serve the street light. After discussion, the motion was made by Alderman Beatty to approve the installation of the street light. Motion seconded by Alderman Gruenhagen and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF CIVIC ARENA RENTAL POLICY A proposed rental policy for the Civic Arena was presented, with the favor- able recommendation of the Parks and Recreation Board. Following discussion, Alderman Gruenhagen moved to approve the rental policy. Motion seconded by Alderman Beatty and unanimously approved. (b) CONSIDERATION OF SETTING SPECIAL MEETING DATE FOR COUNCIL CANVASS OF ELECTION After discussion, it was moved by Alderman Gruenhagen to set a special election canvass meeting on November 3, 1982 at 4:00 P.M. The motion was seconded by Alderman Beatty and carried unanimously. (c) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS There was no one present to request an extension of the payment period. It was moved by Alderman Carls, seconded by Alderman Mlinar, to accept the staff recommendation to discontinue service at 12:00 Noon on November 1, 1982, unless otherwise indicated, for the following: Account No. 01-0140- 1-00, 01-0430-1-00, 02-0125-0-00, 02-0280-1-00, 02-0645-3-00, 03-0500-8-00, 05-0180-0-00, 06-0700-1-00, 07-0120-4-00, 07-0900-3-00, 07-0905-1-00, 07- 0910-9-00, 09-1105-1-00, 11-1010-0-00, 12-0750-0-00, and 42-0070-1-00. Motion unanimously approved. (d) CONSIDERATION OF ESTABLISHING A POLICY AND FEE FOR PHOTOCOPYING CITY DOCUMENTS Following discussion of the appropriate amount to charge for photocopying services at City Hall, the motion was made by Alderman Carls to set a single copy fee of 20r,� for non -elected officials and to ask the City staff to -10- COUNCIL MINUTES OCTOBER 26, 1982 maintain a record during the months of November and December of the copies duplicated by City Council members. Motion seconded by Alderman Mlinar and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (e) CONSIDERATION OF APPLICATION FOR PUBLIC AUCTION PERMIT BY CUMMINS AUCTION COMPANY It was the general consensus of the Council that this company was coming in from out of town and state to compete with the local dealers. Also, a representative would not be available following the auction in the event the tools were defective. Alderman Beatty moved to deny the public auction permit. The motion was seconded by Alderman Gruenhagen and carried, with Aldermen Gruenhagen, Beatty and Carls voting aye and Alderman Mlinar and Mayor DeMeyer voting nay. (f) CONSIDERATION OF LEMANS FAMILY FUN CENTER AT HUTCHINSON MALL Following discussion of the fun center, the motion was made by Alderman Beatty to instruct the City Police Department to investigate the background of the LeMans Company and to prepare a recommendation to the Council, as well as have a representative attend the meeting. Motion seconded by Ald- erman Carls and unanimously approved. (g) CONSIDERATION OF WAIVING PAYMENT FOR BUILDING PERMIT FEE FROM GRIDOR CONSTRUCTION, INC. AND RCM The Building Official stated that although the building permit would cover a city project, all ether city entities have had to pay the fee for a build- ing permit. Therefore, Gridor Construction and RCM should be no exception. After discussion, it was moved by Alderman Carls to reject the request to waive the payment for a building permit fee. Motion seconded by Ald- erman Gruenhagen and carried unanimously. (h) CONSIDERATION OF EXPENDITURE FOR TAPES BY MAYOR DEMEYER (REQUESTED BY ALDERMAN GRUENHAGEN) The Mayor was questioned regarding cassette tapes purchased and charged to the City. It was the consensus of the Council members that this expen- diture should come out of the $300.00 monthly payment made to the Mayor in addition to his regular salary of $450.00 a month as Mayor. Following discussion, Alderman Carls moved that in the future the Mayor take his supply expenses out of the monthly allowance created for that purpose. Motion seconded by Alderman Beatty and carried, with the Chair abstaining from voting. -11- COUNCIL MINUTES OCTOBER 26, 1982 (i) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY JEROME KOCKELMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION A variance was requested by Jerome Kockelman to allow the construction of a five foot walkway from the present house to a newly constructed garage. Following discussion, Alderman Beatty moved to approve the variance and to waive reading and adopt Resolution No. 7280 entitled Resolution Grant- ing Variance from Section 6.05, B.3 of the Zoning Ordinance No. 464 from Existing Front Yard Setback. Motion seconded by Alderman Gruenhagen and approved unanimously. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LOUIS BRUNNER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. Louis Brunner requested a Conditional Use Permit to allow moving in a 24' x 24' garage onto an existing concrete slab at 125 Glen Street South. The Planning Commission approved the permit, with the provision a new roof be added. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Carls, to waive reading and adopt Resolution No. 7281 entitled Resolu- tion Granting Conditional Use Permit Under Section 6.07, B.1 (b) of Zoning Ordinance No. 464 to Allow Moving In A Garage, with stated provision. Mo- tion unanimously carried. (k) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY HUTCHINSON PUBLIC SCHOOLS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Hutchinson Public Schools made application for a Conditional Use Per- mit to allow construction of a wood -framed garage as an accessory building to a concrete block building in a I-1 zone. Following discussion, the motion was made by Alderman Mlinar to waive read- ing and adopt Resolution No. 7282 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction of A Wood -Framed Garage, with the stipulations the building be moved off of the site upon sale of the land, the building have a foun- dation, and the color combination be the same as the main existing building. The motion was seconded by Alderman Beatty and carried unanimously. (1) CONSIDERATION OF PROTECTION OF FUTURE ROADWAY EAST OF KIMBERLY COUNTRY ESTATES WITH RECOMMENDATION OF PLANNING COMMISSION When the final plans for Kimberly Country Estates were approved, there was concern by the residents that there be a future roadway to Highway 7. The City staff was requesting authorization to begin the necessary proced- ures of the Maps Street Act. -12- COUNCIL MINUTES OCTOBER 26, 1982 After discussion, the motion was made by Alderman Mlinar to direct the staff to start procedures under the Maps Street Act. Motion seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (m) CONSIDERATION OF CORRECT REZONING SOUTH OF SOUTH GRADE ROAD AND WEST OF MALL It was reported that several errors were made in the legal description of the property south of South Grade Road and west of the Mall at the time rezoning was done of said property. The proper legal description was recorded in the Planning Commission Minutes dated March 18, 1980, and the request was to accept said Minutes as the correct description. Following discussion, Alderman Carls moved to accept the Planning Commis- sion Minutes of March 18, 1980 as correct for the legal description. Motion seconded by Alderman Beatty and carried unanimously. (n) REVIEW OF FINAL SITE PLAN FOR BETHKE'S PUD (ROLLING GREENS TOW N H OUSES) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe stated Mr. Bethke had submitted the final develop- ment plan which showed the existing easements,and met all the require- ments of the subdivision ordinance. After discussion, it was moved by Alderman Beatty, seconded by Alderman Gruenhagen, to approve the final site plan for Bethke's PUD, Rolling Greens Townhouses. Motion unanimously approved. (o) CONSIDERATION OF PRELIMINARY PLAT FOR PETERSON ESTATES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH RESTRICTIONS City Engineer Priebe reported the county required platting of land under 10 acres that was being subdivided. The Peterson Estates will be divided into two lots. Mr. Priebe recommended four restrictions for the prelim- inary plat. Following discussion, the motion was made by Alderman Mlinar to table until the next meeting any action so a proper map could be obtained. The City Engineer pointed out the County would be holding a public hearing regard- ing this matter prior to the next Council meeting. Alderman Mlinar then withdrew his motion. It was moved by Alderman Mlinar to approve the preliminary plat for Peter- son Estates, with the suggested restrictions. Motion seconded by Alder- man Beatty and carried unanimously. -13- COUNCIL MINUTES OCTOBER 26, 1982 (p) REVIEW OF SKETCH PLAN FOR VIRGIL JORGENSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe stated the County required platting due to the size of the lots involved, which are less than 10 acres. After discussion, the motion was made by Alderman Beatty, seconded by Ald- erman Mlinar, to approve the sketch plan. Motion unanimously approved. (q) CONSIDERATION OF CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT ADDITION City Engineer Priebe reported on the changes for the water treatment plant addition. The net increase to the contract will be $14011.00. Following discussion, it was moved by Alderman Gruenhagen, seconded by Alderman Mlinar to approve the Changer Order No. 2. Motion carried unani- mously. RECESS: Alderman Carls moved to adjourn at 7:50 P.M. for a 10 -minute recess prior to the Public Hearings scheduled for 8:00 P.M. Motion seconded by Alder- man Mlinar and carried unanimously. The meeting reconvened at 8:00 P.M. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported that Jim Fahey, Fahey Sales Agency, had requested permission to block off a portion of Grove Street to conduct an auction on November 6, 1982. Following discussion, approval was granted upon motion by Alderman Beatty, seconded by Alderman Gruenhagen and unanimously carried. (b) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Schaefer commented that he had received favorable comments regarding the use of a video presentation over closed-circuit television screens at the last Planning Commission meeting. He felt this was some- thing that should be continued. (c) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty objected to the Mayor of the way he had handled the pub- lic hearing by dragging out its length and using the podium to promote his own personal programs. -14- 1 COUNCIL MINUTES OCTOBER 26, 1982 (d) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar made reference to the draft of a letter that was prepared by City staff to be published in the paper regarding the Old Armory issue. It was the consensus of the majority of the Councilmen that they were ready to sign it for publication. Alderman Carls requested an addition to the section referring to the mo- tion of the Park and Recreation Board on October 6, 1982. He felt it should reflect the motion passed unanimously, with Alderman Carts abstain- ing from voting. Following discussion, Alderman Mlinar moved to request the Leader to pub- lish the drafted letter signed by the Council members, with the addition As recommended. The motion was seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye, and Mayor DeMeyer voting nay. Mr. Skip Quade inquired of the Mayor if he had ever thought of demolishing the Old Armory. He pointed out that in 1975 the Mayor had signed his name to a petition that was in favor of putting in a parking lot on the site of the Old Armory and was promoting downtown parking. Mr. Quade stated he was concerned about the 1800 degree turn -around the Mayor had taken on this issue. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon a motion by Alderman Gruenhagen, seconded by Alderman Beatty and car- ried unanimously. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:45 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Beatty and unanimously carried. -15-