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04-26-1983 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 26, 1983 1. CALL TO ORDER The meeting was called to order by Mayor DeMeyer at 7:30 P.M., with the follow- ing present: Alderman Mike Carls, Alderman John Mlinar, Alderman Kenneth Gruen- hagen, Alderman Ted Beatty (absent from 8:20 P.M. to 8:38 P.M.) and Mayor James G. DeMeyer. Also present: City Administrator Gary D. Plotz, City Engineer Mar- low V. Priebe, and City Attorney James Schaefer. 2. INVOCATION The invocation was given by the Reverend Thor Skeie. 3. MINUTES The minutes of the regular meeting of April 12, 1983 were approved as presented upon motion by Alderman Carls, seconded by Alderman Mlinar and approved unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) SURFACE IMPROVEMENT OF OAKWOOD LANE IN OAKWOOD ADDITION City Engineer Priebe reported a signed petition was received from 100% of the property owners requesting the surface improvement of Oakwood Lane in Oakwood Addition. He further explained the program and timeframe for the area. The estimated cost for the project would be $12,350.00. Mr. Ward Haugen, a resident in Oakwood Addition, requested the hearing be continued to the next Council meeting to allow the residents time to review the assessed costs involved. Following discussion, the motion was made by Alderman Carls to continue the public hearing to the next City Council meeting of May 10, 1983. Motion seconded by Alderman Mlinar and carried unanimously. 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST BY FIRE MARSHAL TO ATTEND TWO CONFERENCES After discussion, it was moved by Alderman Beatty, seconded by Alderman Mlinar, to approve the Fire Marshal attending two conferences. Motion ap- proved unanimously. (b) CONSIDERATION OF REQUEST BY PARKS & RECREATION BOARD FOR APPRAISAL OF SUNNY'S ANTIQUES PROPERTY Parks and Recreation Director,Bruce Ericson, reported Mr. Datlof Weseloh had met with the Parks and Recreation Board regarding property he owns COUNCIL MINUTES APRIL 26, 1983 adjacent to Girl Scout Park. The property is for sale, and Mr. Weseloh wondered if the City would be interested in purchasing it for park pur- poses. The Board recommended an appraisal be done to determine the value of the property. Subsequent to the appraisal, the Board would review the site and make a recommendation regarding purchase.of the property. Following discussion, Alderman Beatty moved to consult Mr. Datlof Weseloh for a purchase price of the Sunny's Antiques property and to pursue an ap- praisal of the property after that. Alderman Mlinar seconded the motion, and it unanimously carried. (c) CONSIDERATION OF RECOMMENDATION BY PARKS & RECREATION BOARD TO HOLD 1983 ROLLER SKATING IN CIVIC ARENA It was reported that the Cokato roller rink offered to rent roller skates and mu.§ic to the City at a cost of $2,000 for the 1983 roller skating sea- son. Skating would be held Monday and Thursday evenings in the Civic Arena. After discussion, the motion was made by Alderman Beatty, seconded by Alder- man Carls, to approve 1983 roller skating in the Civic Arena. Motion unani- mously approved. (d) CONSIDERATION OF REQUEST BY CITY ENGINEER TO ATTEND MINNESOTA PUBLIC WORKS ASSOCIATION SPRING CONFERENCE ON MAY 19-20, 1983 Following discussion, Alderman Beatty moved to approve attendance at the conference. Motion seconded by Alderman Carls and carried unanimously. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 7378 - RESOLUTION FOR PURCHASE Maintenance Operations Director, Ralph Neumann, reported that instead of rebuilding a pump for the sewer plant, a new pump had been purchased for $2,234, which was less money. Therefore, the figure needed to be changed on the Resolution for Purchase. Alderman Beatty made the motion to waive reading and adopt Resolution No. 7378 as amended. Motion seconded by Alderman Gruenhagen and approved unani- mous ly . (b) RESOLUTION NO. 7379 - TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND It was moved by Alderman Carls, seconded by Alderman Beatty, to waive read- ing and adopt Resolution No. 7379. The motion unanimously carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS -2- COUNCIL MINUTES APRIL 26, 1983 (a) MONTHLY FINANCIAL STATEMENT - MARCH 1983 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF SENIOR ADVISORY BOARD DATED JANUARY 14, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF AIRPORT ZONING BOARD DATED MARCH 24, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF PLANNING COMMISSION DATED MARCH 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF TREE BOARD DATED MARCH 15, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF PARK & RECREATION BOARD DATED MARCH 2, 1983 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING BIDS) FOR TWO PICK-UP TRUCKS (DEFERRED APRIL 25, 1983) It was reported two bids were received for pick-up trucks, and Director Ralph Neumann recommended accepting the low bid from Wigen Chevrolet for a two -wheel drive pick-up truck in the amount of $7,685.72 and a four-wheel drive pick-up with snow plow in the amount of $10,615.88. Following discussion, Alderman Beatty moved to approve the two bids from Wigen Chevrolet. Motion seconded by Alderman Gruenhagen and unanimously approved. (b) CONSIDERATION OF AWARDING BID FOR 1983 TREE REMOVAL AND STUMP REMOVAL (DEFERRED APRIL 4, 1983) Director Bruce Ericson reported only one bid was received for 1983 tree re- moval and stump removal. -3- COUNCIL MINUTES APRIL 26, 1983 After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Beatty, to approve and award the contract to Carr's Tree Service, Inc. Motion carried unanimously. (c) CONSIDERATION OF PETITION TO REMOVE TIMED PARKING LIMIT IN PARKING LOTS BEHIND MAIN STREET (DEFERRED APRIL 12, 1983) Mayor DeMeyer commented that the petition had been referred to the Police Department, and it was the recommendation of the Police Chief to wait until the six-month trial period was over before reaching a decision on the park- ing lots. At that time Chief O'Borsky will present a report and evaluation to the Council. It was the Mayor's opinion that the issue should be ad- dressed to the downtown business people. Following discussion, Alderman Beatty moved to defer action until the trial period was up and to receive the Police Chief's report. The motion was sec- onded by Alderman Mlinar and unanimously carried. (d) REPORT ON FRANKLIN STREET IMPROVEMENT BY CITY ENGINEER (DEFERRED MARCH 22, 1983) City Engineer Priebe reported on the three phases of the Franklin Street project. After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to waive reading and adopt Resolution No. 7364 entitled Resolution Ordering Preparation of Report on Improvement, Project No. 83-03. Motion approved unanimously. Alderman Carls made the motion to waive reading and adopt Resolution No. 7367 entitled Resolution Receiving Report and Calling Hearing On Improvement, Project No. 83-03. Motion seconded by Alderman Gruenhagen and unanimously approved. It was moved by Alderman Carls, seconded by Alderman Gruenhagen, to waive reading and adopt Resolution No. 7365 entitled Resolution Ordering Prepara- tion of Report On Improvement, Project No. 83-04. Motion carried unanimously. The motion was made by Alderman Carls to waive reading and adopt Resolution No. 7368 entitled Resolution Receiving Report and Calling Hearing On Improve- ment, Project No. 83-04. The motion was seconded by Alderman Mlinar and unanimously carried. Alderman Carls moved to waive reading and adopt, with description, Resolu- tion No. 7366 entitled Resolution Ordering Preparation of Report On Improve- ment, Project No. 83-05. Motion seconded by Alderman Gruenhagen and approved unanimously. -4- COUNCIL MINUTES APRIL 26, 1983 It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive read- ing and adopt Resolution No. 7369 entitled Resolution Receiving Report and Calling Hearing On Improvement, Project No. 7369. Motion unanimously ap- proved. (e) CONSIDERATION OF RESERVING PARKING PLACE FOR LIQUOR STORE EMPLOYEE(S) (DEFERRED APRIL 12, 1983) The motion was made by Alderman Beatty to defer action until Police Chief O'Borsky's report is received on the six-month trial period for off-street parking lots. Motion seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF SETTING BID DATE FOR SECOND AVENUE STREET IMPROVEMENT (STATE AID PROJECT) City Engineer Priebe reported the plans and specifications for the Second Avenue project had received State approval. It was his recommendation to advertise for bids on May 31, 1983. Following discussion, Alderman Beatty made the motion to waive reading and adopt Resolution No. 7382 entitled Resolution Approving Plans and Specifi- cations And Ordering Advertisement for Bids, Project No. 83-01-16. Motion seconded by Alderman Gruenhagen and approved unanimously. 9. NEW BUSINESS (a) 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 Mlinar, seconded by Alderman Beatty, to accept the staff recommendation to discontinue service, except as noted, at 12:00 noon on May 2, 1983. Motion unanimously carried. (b) CONSIDERATION OF ASSESSMENT POLICY FOR STREET IMPROVEMENTS City Engineer Priebe explained the street surfacing assessment policy would pertain to property not covered by a Subdivision Agreement. It was his recom- mendation to approve Option II: interior lots based on lot frontage and cor- ner lots based on shortest lot frontage. After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Mlinar, to approve the assessment policy for street improvements accord- ing to the City Engineer's recommendation of Option II. The motion was amended by Alderman Gruenhagen to include waiving reading and adopting Reso- lution No. 7385. Alderman Mlinar seconded the amendment, and the motion carried unanimously to amend the motion. The motion unanimously carried. -5- COUNCIL MINUTES APRIL 26, 1983 (c) CONSIDERATION OF ASSESSMENT POLICY ON CURB AND GUTTER IMPROVEMENTS The curb and gutter assessment policy for property not covered by a Sub- division Agreement was presented by City Engineer Priebe. It was his recom- mendation to approve Option II: interior lots based on lot frontage and cor- ner lots based on shortest lot frontage. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to approve Option II for the assessment policy on curb and gutter improvements in the form of Resolution No. 7386. Motion unani- mously approved. (d) CONSIDERATION OF ADOPTION OF STATE BUILDING CODE AND NEW FEE SCHEDULE Building Official Pittman reported on the Minnesota State Building Code and the new fee schedule which are to be adopted by reference as part of the building code. After discussion, Alderman Beatty moved to waive first readings of Ordinance No. 6/83 entitled An Ordinance Adopting the Minnesota State Building Code and Ordinance No. 7/83 entitled Ordinance Amending Section 520 of the 1974 Ordi- nance Code of the City of Hutchinson, Entitled Building Permit Fees, and set second readings for May 10, 1983. The motion was seconded by Alderman Mlinar and carried unanimously. (e) CONSIDERATION OF PROJECT 83-01-15, FIRST AVENUE SOUTHWEST The street improvement project proposed for First Avenue Southwest was dis- cussed. Mr. Arthur Benjamin, Jr. reported it was their desire to work with the City on the sidewalk repair in front of Nemitz Paint, Wallpaper & Glass store so the work would be coordinated. City Engineer Priebe pointed out that information and plans would be needed from the contractor so the Coun- cil could approve it. Mr. Benjamin agreed to provide the required plans within a month. Following discussion, Alderman Beatty moved that Mr. Arthur Benjamin, Jr. provide the City with plans and specifications to be presented at the first Council meeting in June. Motion seconded by Alderman Gruenhagen and approved unanimously. (f) CONSIDERATION OF APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL BY RODNEY & CAROL HORRMANN After discussion, it was moved by Alderman Carls, seconded by Alderman Beatty, to approve the application and issue a cigarette license. Motion unanimously approved. (g) CONSIDERATION OF ADVERTISING FOR STREET DEPARTMENT MAINTENANCE MATERIAls I Me COUNCIL MINUTES APRIL 26, 1983 Following discussion, Alderman Gruenhagen moved to approve and authorize advertising for bids on street department maintenance materials. Motion seconded by Alderman Beatty and carried unanimously. (h) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY GARY AND JOAN PLOTZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Attorney Ronald McGraw represented Gary and Joan Plotz for a request for a conditional use permit to allow the construction of a doughnut and fuel store in a C-4 zone (Mister Donut). After discussion, the motion was made by Alderman Mlinar, seconded by Ald- erman Beatty, to approve and waive reading and adopt Resolution No. 7370 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Construction Of A Doughnut And Fuel Store. Motion approved unanimously. (i) CONSIDERATION OF REQUEST FOR SIGN VARIANCE(S) SUBMITTED BY GARY AND JOAN PLOTZ WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported by Attorney Ronald McGraw that three sign variances would be required for construction of a Mister Donut shop: 1) standard building signage of 198 square feet, 2) duo -pole plyon sign of 392 square feet (both sides), and (3) a directional and private traffic control sign on Century Avenue right-of-way of 9 square feet per surface. Following discussion, it was moved by Alderman Gruenhagen, seconded by Ald- erman Carls, to approve and waive reading and adopt Resolution No. 7371 en- titled Resolution Granting Variance(s) From Section 6.07, B.2 of the Zoning Ordinance No. 464 For Aggregate Signage Area Allowed. The motion was amended by Alderman Gruenhagen to include the wording "standard building signage'of 198 square feet" in the Resolution. The motion was seconded by Alderman Carls to amend the Resolution, and the motion carried unanimously to amend the motion. The motion approved unanimously. Building Official Pittman pointed out that a 40 foot curb cut for ingress and egress to the property was approved by the Planning Commission.for safety reasons. Alderman Beatty made the motion to allow a 40 foot curb cut for safety in- gress and egress to the parcel. The motion was seconded by Alderman Carls and unanimously carried. (j) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MILLER PROPERTIES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported that Miller Properties had requested a Conditional Use Per- mit to change a Planned Unit Development in Stoney Point Addition from one building of eight units to two buildings of two units and two buildings of three units. -7- COUNCIL MINUTES APRIL 26, 1983 After discussion, Alderman Beatty moved to approve and waive reading and adopt Resolution No. 7372 entitled Resolution Granting Conditional Use Per- mit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Change Planned Unit Development In Stoney Point Addition. Motion seconded by Alderman Carls and unanimously approved. (k) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED BY LORETTA MCDONALD FOR MCDONALD'S SEVENTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to approve and waive reading and adopt Resolution No. 7373 entitled Resolution Giving Approval of Preliminary and Final Plat for Mc- Donald's Seventh Addition. Motion carried unanimously. (1) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY LARRY SORENSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION, WITH CONTINGENCY Mr. Larry Sorenson requested a Conditional'Use Permit to allow for remodel- ing, building expansion and a security fence on his property located in an IC -1 zone. The Planning Commission granted approval, with the stipulation that the proposed parking areas be surfaced by July 1, 1984 and that con- struction meet flood plain area requirements. After discussion, it was moved by Alderman Gruenhagen that with the recom- mendation of the Planning Commission, to approve the Conditional Use Permit with the contingency, and to waive reading and adopt Resolution No. 7374 en- titled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 464 to Allow Remodeling, Building Expansion And Security Fence In An IC -1 Zone. Motion seconded by Alderman Mlinar and approved unani- mously. (m) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED BY JOHN MILLER FOR CALIFORNIA ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Alderman Mlinar made the motion to approve and waive reading and adopt Resolution No. 7375 entitled Resolution Giving Approval of Preliminary and Final Plat for California Addition. Motion seconded by Alderman Beatty and unanimously approved. (n) CONSIDERATION OF REQUEST FOR ZONING RECLASSIFICATION AS SUBMITTED BY JOHN MILLER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Mr. John Miller requested to rezone property in Tract B of Registered Land Survey No. 15, McLeod County, from R-3 to R-4. COUNCIL MINUTES APRIL 26, 1983 Alderman Gruenhagen moved that with the recommendation of the Planning Com- mission, to waive first reading of Ordinance No. 8/83 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutch- inson And the Official Zoning Map, and to set the second reading for May 10, 1983. The motion was seconded by Alderman Beatty and carried unanimously. (o) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT AS SUBMITTED BY CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported that the City of Hutchinson needed a Conditional Use Permit to allow construction of a 10 -foot chain link fence in North Park. After discussion, the motion was made by Alderman Gruenhagen that with favor- able recommendation of the Planning Commission, to approve and waive reading and adopt Resolution No. 7376 entitled Resolution Granting Conditional Use Permit Under Section 6.07, C.5 of Zoning Ordinance No. 474 to Allow Construc- tion Of A Ten Foot Chain Link Fence. The motion was seconded by Alderman Beatty and approved unanimously. (p) CONSIDERATION OF REQUEST FOR ANNEXATION BY ANTHONY W. MACHTEMES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Engineer Priebe presented a map showing the area being considered for annexation into the City limits. It was also recommended that the part of Lot 9 of Auditors Plat of the South Half of Section 30 and the North Half of Section 31, T117N, R29W, which is not presently annexed, be included in the annexation inasmuch as it will be surrounded by the City. Following discussion, it was moved by Alderman Mlinar to approve and waive reading and adopt Resolution No. 7377 entitled Request for Annexation, in- cluding stated portion of Lot 9. Motion seconded by Alderman Beatty and unanimously carried. The motion was made by Alderman Mlinar, seconded by Alderman Beatty, to re- quest a public hearing by the Minnesota Municipal Board. Motion unanimously approved. (q) CONSIDERATION OF RECOMMENDATION BY PARKS AND RECREATION DIRECTOR FOR INSTALLATION OF FENCE AT NORTH PARK Director Bruce Ericson reported two bids were received for installing the fence at North Pairk. It was his recommendation to accept the low bid from Yardmen Fence Company for $2,148. After discussion, Alderman Gruenhagen moved to approve the bid from Yardmen Fence Company, contingent upon the required Conditional Use Permit being approved when acted upon later in the meeting,(item 9-o). Motion seconded by Alderman Beatty and unanimously carried. COUNCIL MINUTES APRIL 26, 1983 (r) CONSIDERATION OF NAMING PARK IN SCHMIDTBAUER'S SECOND ADDITION It was reported that Mr. Richard Schmidtbauer had recommended the name of "Orchard Park" for the three acre park located in the development south of Century Avenue. The name would coincide with the name of the develop- ment. The Parks and Recreation Board had given unanimous approval to the proposed name. Following discussion, Alderman Gruenhagen made the motion to approve the name of "Orchard Park." Motion seconded by Alderman Beatty and approved unanimously. (s) CONSIDERATION OF PROPOSED 1984 STREET IMPROVEMENTS AND 1983-87 MAINTENANCE IMPROVEMENT ASSESSMENT City Engineer Priebe reported on street improvements to all of the unim- proved streets in an area bounded on the north by Fifth Avenue Southwest, on the south by T.H. 15, on thexest by Lynn Road and on the east by Main Street. It was recommended that the improvements be scheduled for comple- tion in 1984, with possibly some of the work completed in 1983. Also, it was recommended that the City consider assessment for maintenance of all streets at a fixed cost per year. After discussion, Alderman Gruenhagen moved to waive readings and adopt Reso- lution No. 7383 and No. 7384 entitled Resolution Ordering Preparation Of Report --On Improvement for Projects No. 83-06 and 83-07. Motion seconded by Alderman Beatty and unanimously carried. (t) CONSIDERATION OF APPEALS FOR ASSESSMENT ROLL 152 (PARKING ASSESSMENT APPEALS) City Attorney Schaefer reported on the documents necessary to stay the 1983 payment of the special assessment due from individuals who appealed the assessment levied by special assessment roll 152. He requested authoriza- tion from the Council to sign the stipulation on behalf of the City of Hutch- inson which would authorize the McLeod County Auditor not to collect any amount of the assessment until a compromise or settlement had been reached. This action would save the City from paying interest in the event a ruling was made in favor of any of the appellants. Following discussion, the motion was made by Alderman Beatty to approve the stay of 1983 payment as amended by,the City Attorney and to authorize sign- ing the stipulation by the City Attorney. The motion was seconded by Alder- man Mlinar, with the following vote: Aldermen Beatty, Carrs -and Mlinar voted aye and Alderman Gruenhagen and Mayor DeMeyer voted nay. The City Attorney was requested to research if a simple majority or two-thirds (4-1) vote was required to pass the motion. The Chair deferred the ruling for advisement from legal counsel. -10- COUNCIL MINUTES APRIL 26, 1983 (u) CONSIDERATION OF STIPULATION ON KABLE-THOMPSON-SAAR SPECIAL ASSESSMENT APPEALS City Attorney Schaefer informed the Council that he and the appellants' attorney had been working on negotiations for settlement of the special assessment appeals. It was his recommendation for the Council to author- ize the Mayor and City Clerk to sign the stipulation. After extensive discussion, no action was taken by the Council and the issue died. (v) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLLS AND SETTING ASSESSMENT HEARING FOR 1983 CONSTRUCTION PROJECTS City Engineer Priebe presented the 1983 construction projects that are ready for preparation of the assessment rolls and an assessment hearing. He further stated he had received a letter from Citizens Bank & Trust Co. informing the City they are agreeable to paying their share of the cost on the First Avenue Southwest project. Following discussion, the motion was made by Alderman Carls, seconded by Alderman Beatty, to waive readings and adopt Resolution No. 7380 entitled Resolution Declaring Cost To Be Assessed And Ordering Preparation Of Proposed Assessment, and Resolution No. 7381 entitled Resolution for Hearing On Pro- posed Assessment. Motion unanimously approved. (w) CONSIDERATION OF PARKING ASSESSMENT FOR CAROLINE ANDERSON Caroline Anderson appeared before the Council regarding her parking assess- ment. It was pointed out that although her business, Caroline's Beauty Shop, is located at 34 Main Street North, she resides in and has homestead of the first floor rear portion of the building. She had not been given credit for her private residence. City Attorney Schaefer stated it would be necessary to hold a public hearing to correct the error in the assessment. After discussion, Alderman Gruenhagen moved to set a public hearing for the next Council meeting. Motion seconded by Alderman Beatty and carried, with Aldermen Gruenhagen, Beatty, Carls and Mlinar voting aye and Mayor DeMeyer voting nay. (x) DISCUSSION OF SPECIAL ASSESSMENT APPEAL BY WALT KELLEY Attorney Roger Gilmer, representing Walt Kelley, appealed to the City Coun- cil to reduce his client's special assessment by one-half, on the,,basis that the special assessment was greater than the benefits received. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Mlinar, to offer to reduce the special assessment by one-third. Roll call was taken, with the following vote: Aldermen Beatty, Carls, and -11- COUNCIL MINUTES APRIL 26, 1983 Mlinar voted aye and Alderman Gruenhagen and Mayor DeMeyer voted nay. The Chair deferred the ruling until such time as the City Attorney can de- termine whether the vote required a two-thirds majority or simple major- ity for the motion to pass. Attorney Gilmer stated he would contact his client regarding the Council's offer of settlement. RECESS: Alderman Carls made the motion to recess for seven minutes at 10:03 P.M. Motion seconded by -.Alderman Gruenhagen and unanimously carried. (y) CONSIDERATION OF OFF -SALE MALT LIQUOR LICENSES: 1. MIKE'S MOBIL 2. THE GAS HUTCH 3. SOUTHTOWN MOBIL 4. APPLEBAUM'S, INC. 5. TOM THUMB 6. WAREHOUSE GROCERY After discussion, it was moved by Alderman Carls, seconded by Alderman Mlinar, to approve and issue licenses. Motion approved unanimously. (z) CONSIDERATION OF ON -SALE MALT LIQUOR LICENSES: 1. CROW RIVER COUNTRY CLUB 2. CHRISTY'S 3. GODFATHER PIZZA 4. GOLD COIN RESTAURANT 5. J'S PIZZA GARTEN 6. T. L. SCALAWAGS 7. PIZZA HUT, INC. Following discussion, the motion was made by Alderman Mlinar to approve the applications and issue licenses. Motion seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported the Public Facilities Task Force had held its organizational meeting, and Mr. Dick Burgart was elected Chairman. The group was divided into two sub -committees, namely,recreation and public buildings. The sub -committees will be meeting in the near future. -12- COUNCIL MINUTES APRIL 26, 1983 It was reported the Airport Zoning Board would be meeting with the land owners surrounding the airport on Wednesday evening, April 27. This would be an informational -type meeting. Mr. Plotz stated it would be necessary to hold one more Council Workshop for the purpose of discussing financing. A representative from Ehlers & Associates could be available to provide information to the Council members. Unanimous consensus of the Council was to schedule a Workshop for Monday, May 9, 1983, 6:00 P.M. at City Hall. (b) COMMUNICATIONS FROM FIRE MARSHAL Fire Marshal Field reported his contract with the State for hotel/motel inspections had expired. He requested authorization to renew it for a three-year period at a cost of $295, with cost refunded by the State. The motion was made by Alderman Beatty, seconded by Alderman Mlinar, to approve renewal of contract. Motion approved unanimously. (c) COMMUNICATIONS FROM ALDERMAN MLINAR Alderman Mlinar made reference to agenda item 9-x and asked that the min- utes reflect the consideration was to find a workable solution to the issue and not admission of guilt or fault on the part of the City. Alderman Carls concurred with the comments. (d) COMMUNICATIONS FROM MAYOR DEMEYER Mayor DeMeyer reported he had received a request from Swanke Motors for a Conditional Use Permit to allow moving in a building. He referred to the proper channels for handling, and no action was taken. (e) COMMUNICATIONS FROM ALDERMAN BEATTY Alderman Beatty stated that he, too, would like for the minutes to show that regarding agenda item 9-x, his motion was merely an attempt to compro- mise in a lawsuit and not any indication that he felt Mr. Kelley's assess- ment was incorrect, unlawful, or at fault in any manner. Alderman Carls concurred with the remarks. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The verified claims were approved for payment from the appropriate funds upon motion by Alderman Gruenhagen, seconded by Alderman Carls, and carried, with Mayor DeMeyer abstaining from voting. 12. ADJOURNMENT There being no further business, the meeting adjourned at 12:00 P.M. upon motion by Alderman Beatty, seconded by Alderman Mlinar and carried unanimously. -13-