HomeMy WebLinkAbout01-06-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL"
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - January 6, 1992
Agenda
Item
A-1 President Selby called the meeting to order at 2:00 P.M., the
following members being present: President Selby, Aldermen Canfield,
Crawford, Hunziker, McConnell, Petersson. Absent: Alderman Solinger.
President Selby thanked Alderman Solinger for conducting the meeting
on the 18th day of December in her absence.
Canfield moved, Petersson second to approve the minutes.of Dec. 18,
1991 with Alderman Petersson stating that she would like to see
Bob Larson and Paul Allen added to item D-1 relating to the
recognition for work o.n the Flood Control Program. With that additio
vote was taken. Ayes (6), Nays (0).Motion carried.
C-1 McConnell moved, Crawford second to approve the appointment of
Timothy J. Heroff to the postiion of Detective of the Police
Dept. effective Jan. 6, 1992. Ayes (6), Nays (0).Motion carried.
E=1 Hunziker moved, Petersson second to approve the following licenses
and bonds:
AUCTION PERMIT - Taco John's - Jan. 9, 1992 -502 South Bdwy.
TEMP. DANCE - St. Pius X Cath. Church - Feb. 15, 1992.
GAMBLING - PREMISE PERMITS -
Roch. Juvenile Hockey Ass'n for McMurphy's Sports Cafe -
Roch Juvenile Hockey Ass'n for Mugzee's LBT -
Rochester Juvenile Hockey Ass'n for Ground Round Rest.
Rochester Juvenile Hockey Ass'n for CJ's Midtown Lounge
Rochester Juvenile Hockey Assn for North Star Bar
All of the above is for Pulltabs, tipboards, paddlewheels, raffles.
St. Pius Cath. Church - Bingo, Pulltabs, tipboards, paddlewheels and
raffles.
TEMP. ON -SALE 3.2 Beer -
St. Pius'Cath.. Church for Feb. 15, 1992
STREET USE - Martin Luther King Commemorative Parade - Jan. 20,1992.
Courthouse, 2nd St. SW/NW to Mayo Civic Center.
Ayes (6), Nays (0).Motion carried.
E-2 Petersson moved, Canfield second to approve the On -Sale 3.2 Beer
license for Rochester Magic Wok DBA Magic Wok at 121 17th Ave. S.W.
Ayes (6), Nays (0).Motion carried.
E-3 Petersson moved, Hunziker second to approve the transfer of the On -
Sale Wine and On -Sale 3.2 Beer from Excellence Theatres to Westwynn
Theatres, Inc. DBA Galleria Six Theatres, 111 So..Broadway.
Ayes (6), Nays (0).Motion carried.
E-4 Petersson moved, McConnell second to approve the issuance of an on -
sale 3.2 beer license to the Double Dragon Rest. 1107 No. Broadway
Ayes (6), Nays (0).Motion carried.
E-5 Crawford moved, Petersson second to approve the Accounts Payable
in the amount of $920,525.73 - List on file with the City Clerk.
Ayes (6), Nays (0).Motion carried.
03 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
` 844d CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - January 6, 1992
Agenda
Item
E-6 Canfield moved, Crawford second to adopt -Resolutions 1-5-92 approving
the fol l owi ng- i te`ms 4i
Resolution No. 1-92 maintaining a Gen. Acct.'with Marquette Bank., and
Trust Co. and 2-92 with First Bank of Rochester forthe payroll
account. "Both banks will bear facsimile signatures.
The.following.reso:],Utions involve Assignment of Securities -
3-92 - Norwest Bank, Rochester
4-92 - Marquette Bank.and Trust
5-92 - First Bank of Rochester.
Ayes (6), Nays (0).Motion carried.
E-7 Canfield moved, Hunziker second to adopt Resolution No. 6-92
instructing the City Clerk to advertise for bids to be opened at
11-00 A.M. on Jan. 27, 1992 on an electronic total system station
with data collection capability at the Public Services Dept.
Also opening bids at the above given date are Res. 7-92 and 8-92
for a 160 HP articulated frame - 3 cubic yard - front-end loader with
attachments and a 36,000 GVW Dump Truck with hydraulics ( 2 trucks ).
Ayes (6), Nays (0).Motion carried.
E-8 Petersson moved, Crawford second to approve the Wages and Benefits
for City employees not covered by any Labor Agreement/ Meet and
Confer Agreement. Ayes (6), Nays (0).Motion carried:
E-9 Crawford moved, Canfield second to approve the Meet and Confer
Agreement with the Parking Control Officers for 1992-1993. Ayes
(6), Nays (0).Motion carried.
E-10 Crawford moved, Petersson second to adopt Resolution No. 9-92
setting a hearing for Feb. 3•5',1992 on the proposed Council
Initiated vacation of a 10 foot wide utility easement on Lot 25 and
26 Blk 2 Diamond Ridge 3rd. Ayes (6), Nays (0).Motion Carried.
E-11 Petersson moved, Canfield second to adopt Resolution No. 10-92
approving a Metes and Founds Conveyance of unplatted land located
at the NW corner of Alberta Dr. and E Circle Dr. intersection -
Donald Kruger. Ayes (6), Nays (0).Motion carried.
The following condition was also approved. 1. That the property
included in the conveyance be attached to the existing .60 acre
parcel located directly to the east.
E-12 Canfield moved, Crawford second to adopt Resolution No. 11-92
approving the purchase of property lcoated at 224 First St. N E.
for expansion of City Parking Lot No. 17 for $63,000.00.
Alderman Canfield stated that Ron Halling, Public Services -Right-
of-Way Agent and staff should be congratulated . He stated they
showed sensitivity on some members of the staff in how agreements
were reached and how they took care of the needs of the owners of
businesses in contrast to government bullying. All Council members
agreed. Ayes (6), Nays (0).Motion carried.
Agenda
Item
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
3843
Regular Meeting No. 18 - Jan. 6, 1992
Crawford moved, Hunziker second to adopt Resolution No. 12-92 and
13-92 declaring the costs to be assessed and ordering a hearing for
Feb. 3, 1992 on the Project No. 8414-89 J 9111 - New Sidewalk
on Willow Heights Dr. S. W. Ayes (6), Nays: (0).Motion carried.
Hunziker moved, Petersson second to adopt Resolution No. 14-92 and
15-92 declaring the costs to be'assessed and ordering a public
hearing for Feb. 3, 1992 on Project No. 6251 J 8055 - Sehl's
NE Trunkline San. Sewer. Ayes (6), Nays (0).Motion carried.
Crawford moved, Petersson second to adopt Resolution No. 16-92 and
17=92 -declaring the costs to be assessed and ordering a public
hearing on.Feb. 3, 1992 on Project No. 6255-1-70 J 8341 -
San. Sewer and Watermain on E. River Rd. from 27th St. N. E. to 580
Feet South of 24th St. N. E. Ayes (6), Nays (0).Motion carried.
Canfield moved, Crawford second to adopt Resolution No. 18-92 and
19-92 declaring the costs to be assessed and ordering a hearing to
be held on February 18, 1992 on Project No. 9103 J 9179 - Re-
construct Residential Alleys in five locations in Rochester.
Ayes (6), Nays (0).Motion carried.
Petersson moved, Hunziker second to adopt Resolution No. 20-92 & 21
declaring the costs to be assessed and ordering a hearing to be
held on February 3, 1992 on Project 9115- J 9205 - Reconstruct
the East-West Alley between 13th and 16th Avenue and 1st and
2nd St. S. W. Ayes (6), Nays (0).Motion carried.
Canfield moved, Hunziker second to adopt Resolution No. 22-92
for extra work covered by SupplementalAgreement No.l New Sidewalk
Project No. 2-1991 in the amount of $1,921.57. Ayes (6), Nays (0).
Motion carried.
Crawford moved, McConnell second to adopt Resolution No. 23-92
approving a payment for work on Sidewalk Replacement No. 3-1991
in the amount of $1,779.92. Ayes (6), Nays (0).Motion carried.
Crawford moved, Hunziker second to table this request for Speed
Zone change at llth Ave. and 14th St. to later in the day.
Ayes (6), Nays (0)..'Motion carried.
Hunziker moved, Petersson second to adopt Resolution No. 24-92
approving the Transit Development Plan. Ayes (6),Nays (0).
Motion carried.
Hunziker moved, Crawford second to adopt Resolution No. 25-92
approving the move Projects 5 and 9 of the 1992-97 Parking CIP to
the year 1992 and authorize the use of retained earnings to fund the
projects and approve a contract with BKBM for Investigation work
and preparation of Plans and Specs. for Structural repair in the 2nd
St. Ramp. Ayes (6), Nays (0).Motion carried.
3844
Agenda
Item
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G-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - Jan. 6, 1992
An Ordinance Establishing the Salaries of the Mayor, Alderman -At -
Large and Alderman; and Repealing Ord. No. 2717 was given its first
reading. Alderman Petersson stated that the salaries of the
Mayor,Alderman-At-Large and Alderman should be 3% instead of the
4% as the Ordinance was read. She stated that if they want to keep
wages held back and if the leaders are not willing to cut back, the]
can't expect others to follow. Jean McConnell stated that he was
prepared to speak about the same thing, but Alderman Petersson
stated it well and he was in agreement.
Petersson moved and Crawford second to amend the Ordinance to 3%.
Alderman Canfield feels that the Council should leave the 4% in
as was originally read. He feels that the financial condition of
our city is in good condition. Alderman McConnell disagreed that
the!.Council is willing to show the taxpayers in the City that we
are concerned about inflation and general economic condition of
the City and State. With that the Ordinance as amended was given
its first reading.
Crawford moved, Petersson second to remove the request for a speed
zone change on llth Ave. N. W. - 14th St. to E .Frontage Rd. TH 52
from the table. Ayes (6), Nays (0).Motion carried. Wishing to be
heard was Randy Winter of 1452 13th Avenue N. W. He stated that
he would like to keep this zone at 30 MPH. He stated people are
exceeding the speed limit now by 10 miles and it is just too fast
for the area around the schools and the intersection itself.
He urged the Council to let the speed zone remain at 30 MPH.
David Rossman ; Public Services Traffic Eng. stated that people
set a speed that is comfortable in the area they are traveling.
It would not seem reasonable to him to allow this to be 30 MPH
but rather 35 MPH. People would then drive that speed and not 40-
45 MPH as they are doing now. He stated that this is reasonable and
he supports 35 MPH.
Alderman Canfield stated that he agrees with Mr. Rossman and that
35 MPH would seem reasonable and he travels that road every day to
work.
Alderman McConnell stated that he agrees with Mr. Winter. It is too
fast and he thinks that the 30 MPH should be abided by. Police
should give tickets to those excessive of the speed as posted.
President Selby asked if accidents happen there much. Mr. Rossman
stated "Not at this time." Alderman Canfield moved to approve the
change. This motion did not carry because it did not get a second.
Petersson moved, McConnell second to deny the request. Ayes (5),
Nays (1). Alderman Canfield voted nay. Motion carried.
Crawford moved, Petersson second to remove the Licenses and bonds
from the table. Ayes (6), Nays (0).Motion carried.
Petersson moved, Hunizker second to approve the licenses and bonds
as listed.
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Agenda
Item
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ME
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3845
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - Jan. 6, 1992
Gambling --Premise Permits:
Rochester Elks Lodge, 917 15th Ave SE, April 1, 1992 to April 1, 1994.
Rochester Elks Lodge #1091, gambling at the Radisson Hotel Centerplac ,
150 South Broadway, January 1, 1992 to January 1, 1994.
Multiple Sclerosis Society, Gambling at the Hollywood Cocktail Lounge
307 South Broadway, January 1, 1992 to January 1, 1994.
Epilepsy Foundation of Minn., Gambling at C J's Lounge, 2 South Bdwy,
January 1, 1992 to January 1, 1994.
Native American Center of SE Minn, 102 S Broadway, Drawing held at
the Armed Forces Armory, 1715 Marion Road SE, Raffle to be drawn
March 28, 1992.
Multiple Sclerosis Society for the following:
(January 1, 1992 to January 1, 1994)
63 Club, 1726 South Broadway; Mugzee's LBT, 524 11 Ave NW;
Max's on Broadway, 8 South Broadway; East Side Inn, 826 4th St SE.
All are pending departmental approvals, bond and insurance
requirements, submission of all fees and all outstanding debts
with the City of Rochester.
Having no further business Petersson moved, Canfield second to
adjourn the meeting. Ayes (6), Nays (0).Motion carried.
President Selby called the meeting to order at 7:30 P.M., the follow-
ing members being present: President Selby, Aldermen Canfield,
Crawford, Hunziker, McConnell, Petersson and Solinger. Absent: None.
Mayor Hazama introduced Alderman Solinger who wished to speak.
Alderman Peter Solinger, Alderman of the Sixth Ward stated that he
will not be filing for office of Alderman of the Sixth Ward this
coming year. He stated that he would like to "retire" for a year or
two.
A Hearing on the Petition to vacate a 10 foot wide utility easement
along the S.lot line of Lot 9, Blk 2 Village on the Green Sub.
Having no one present that,wished to be heard, President Selby
closed the hearing. Canfield moved, Petersson second to adopt
Resolution No. 26-92 approving the vacation. Ayes (7), Nays (0).
Motion carried.
A Hearing on the Americans with Disabilities Act (ADA) Rochester
Paratransit Plan. Dale Polton 4320 20th Avenue N W. and is
a member of the Citizens Advisory on Transit and SEMCIL. He is
in favor of this and urges the Council to adopt the resolution.
Having no one else present that wished to be heard, President Selby
closed the hearing. Petersson moved, Crawford second to adopt
Resolution No. 27-92.approving the plan. Ayes (7), Nays (0).Motion
carried.
3846 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. IS - janiiary 6, 1992
Agenda
Item
B-3 A Hearing on the Revised General Development for the Special Dist-
rict No. 1 - "The Arboretum". Wishing to be heard was Ron Bailey
of Yaggy-Colby, Inc. and represents Cordul'.landowners and Dev.
of the Arboretum. He stated that this development was approved as
part of the General Dev. Plan in 1981. After that time , different
parcels were sold - off this original land - and other uses were
established. The market now looks favorable toward a shopping
center, as proposed and they would appreciate the Council's adopting
the plan. Mr. Bailey stated that they approve of the conditions
on this as set forth by the Planning and Zoning Commission. He also
mentioned that the Planning and Zoning Commission approved of this
plan.
Alderman McConnell stated that he is concerned about trees being
destroyed and a protective waterway ( Kings -.Run ) being hurt. He
stated that the people in the area are concerned.
Wishing to be heard was Shelly Haugen of 5515 Silas Dent Rd. N.
and is opposed to the traffic this may cause the area. She stated
that the Northern Hills Golf Course is creating more traffic than
they ever had and now with this proposal it will be too much. She
urges the Council to look at this problem before they approve this
development.
Wishing to be heard was Steve Hanson of 5720 Longboat Road and wante
a traffic study done before this is approved.
David Rossman, Traffic Dept. of the City stated that a traffic
study was done by Barton Ashman of Mpls. and they did give him
some items which should be looked at. He hopes to have these items
analyzed and come back with' -.the information later in Jan. 1992.
Wishing to be heard was Jim Lehman of 3612 Villa Rd. He is concerned
about what is going into the shopping center. What will he have
to deal with. Fast food places with debris blowing all over would
not be a good thing to have in;a neighborhood. He would like to have
more information before this is approved.
Wishingto be heard was Venkata Na alla of 5522 Clearwater Rd.
9
and wanted to know if Rochester has a long-term growth plan. He
was told that we do and Jeff Ellerbush,of."tha::Planning Dept.
explained it to him. He was also concerned about Circle Drive.
Wishing to be heard was Isabelle Finseth of 3416 Silas Dent Rd.
She was worried about traffic and if a road would be put thru
their subdivision and information about the traffic patterns in the
area.
Wishing to be heard was Dave Hudson of 5516 Clearwater Rd. He
presented a petition with 160 signatures on it all opposing this
development. It represented 102 homes. He asked if anyone in the
audience was opposed to please stand and approximately 160 people
stood in opposition.
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Agenda
Item
B-3
B-4
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3847
CITY OF ROCHESTER, MINNESOTA
Sul ar Meeting No 18 - January 6, 1992
Wishing to be heard was Al Ziolkowski of 5603 Longboat -Rd. and
has a problem with an easement near his home - he was told at the
time he purchased his home that a petition vacating this easement
was filed. It has not at this time been filed. His deck is on
part of it. He was told that Don Schmidt had done this. Mr. Ellerbu
told him how to go about filing this petition.
Roger Plumb, Public Services Dir. urged the Council to consider
the sidewalk accesses and to include them in the project.
Mr. Plumb stated that he hated to see people wheeling baby carriages
in the public street plus children using the street instead of
sidewalks.
Wishing to be heard was Jim Bennett of 5718 Clearwater Rd. and also
urged this sidewalk be included.
Wishing to be heard was Jeff Newton of 4524 Scarbor.bough Lan. and
he was concerned about the creek that runs along the property and
what would happen to it. and what is the plans for the south side
of this creek. Mr. Ellerbush showed him a map on the uses that
could be put in this area.
Mr. Roger Plumb, Public Services Dir. stated that the State plans to
have a contract this spring and will help with some of the traffic
problems. They will also consider a traffic signal to help with the
traffic problems.
Wishing to be heard again was Jim Lehman of 3612 Villa Rd. N. W.
Mr. Lehman stated that traffic in this area plus the traffic created
with this development is one thing, but Circle Drive is another
matter and those issues should be treated separately:.
Having no one else present that wished to be heard, President Selby
closed the hearing. McConnell moved, Petersson second to table
this until the petitioners and people in the area have had a chance
to review this further and,the Council can get some further informati
on the traffic plan from Public Services.
Ayes (7), Nays (q).Motion carried.
A Hearing on the Project Development Plan Phase - Special District
Proposed Northwest Plaza.
Wishing to be heard was Ron Bailey of'Yaggy Colby - representing
THE-G Rochester Joint Venture --Dev. He stated that this is in the
first phase of a two phase project. He stated that a portion of
The Arboretum was planned 10 years ago as a retail mall and
the county will tell them where the accesses are to go and they do
not want to cause traffic problems in the neighborhood. They worked
with the Planning staff and they helped them form this project.
He is in favor of the conditions and is present for any questions
the Council may have.
h
)n
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0048 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting,No. 18 - January 6,1992
Agenda
Item
B-4 Alderman•McC6nnell stated that this might be a good project, but
the neighbors are against it and he thinks the developer should
listen to the neighbors and their concerns.
Mr. Bailey stated that he met with many professional agencies
and they are abiding by the zoning code and they would like to work
with the people in making this project work.
Alderman Crawford asked about the sidewalk on the south side. Mr.
Bailey stated that they would cooperate in this matter.
Wishing to be heard was Dave Hudson of 5516 Clearwater Rd. N. W.
and he again referred to the petition with 160 names on it against
this project. Approximately 160 people i-n the audience stood up
in opposition.
Wishing to be heard in -opposition was Steve Hanson of 5720
Longboat Rd. He'stated.=that'he did not want this to be a center
that would not have a chance of staying open. He does not want to
see a bunch of empty buildings.
Wishing to be heard was Michael Staenbert of THE-G of."'7700
Clayton Rd. Suite 306 St. Louis Mo. Dev. of the center.He stated that
he is the owner of over 50 shopping centers and they are good and
they stay in business. He would like to meet with the neighbors and
explain exactly what is going to happen and he would like to work
with them in this project. He urged the Council to delay this until
he has had a chance to do this.
Speaking in opposition of this project are the following:
Mary Jane Rasmussen of 5614 Villa Rd. N. W., Steve Cyr of 5745 Long
Boat Rd.; Marilyn Cole of 5616 Longboat Road, Kerry Lindemann of .
3218 Whalers-- Lane , Jim Shadduck of 5734 Longboat Rd.; Michael Pope
of 3300 Whalers Lane N. W. ; Theresa Harwood of 5517 Longboat Rd.
Ron:!Amdahl 5808 Manor Ct. N. W.; Lisa Bowen of 5526 Longboat Rd.N.W.
Cheryl Miller of 3328 Whalers Lane N. W. and Tom Kelly 5627 Longboat
Rd. N. W. Bob Donovan of 5518 Longboat�Rd. N.W. and residents of
5810 55th St. Estates.
These people all were concerned about the project - what was going in
the shopping center, traffic patterns., sidewalks, why some of the
people did not get hearing notices, landscaping of the shopping
center, pollution that may be caused by extra traffic, installing
traffic signals to help with the traffic movement.
Again, wishing to be heard was Michael Staenberg , Developer and
he reassured the people that he would meet with them to iron out
their problems. He stated that this is only one phase and they
would abide by the conditions as listed on the Council request and
that this would be coming back for approval of a "second phase".
He urged the Council to approve this and he promised to work with the
neighbors.
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Agenda
Item
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3849
CITY OF ROCHESTER, MINNESOTA
_Regular Meeting -18 - January 6, 1992
Having no one else wishing to be heard,Pres. Selby closed the hearin(
Based on the testimony from both the neighbors and the developer
Canfield-movedt; Petersson second to adopt -Resolution No. 2GJ.-92
approving the project with the following conditions:
1. Off site roadway and utility improvements necessary to serve
this project be spelled out in the final plan document and how
they will be financed. San. Sewer design within the proejct should
be coordinated with the City Eng.
2. The drainage and grading plan submitted with the final plans
should be designed to incorporate the ideas of the best management
proactices handbook prepared by the Mn PCA. Dry weather uses in
the detention ponds should be addressed in their design. A
complete soil erosion plan should be incorporated into the
grading and drainage plan.
3. The grading and drainage plan should also evaluate the effect
of this project on the 100 year floodplain for King's Run.
This should be designed to not increase upstream flood heights.
Elevations of the structures in this project shall be evaluated
against a 100 year flood elevation of this reach of King's Run. Such
flood elevations should be provided by the developer with DNR review
and acceptance.
4. The uses within this project shall be limited to those permitted
but not otherwise restricted in the B-4 General Bus. ) Dist.
5. The final plans should at least provide landscaping with trees
within the parking lot area in protected planters. Recommended areas
for tree -placements are at the northerly edge of the main parking
lot and along the boulevard area of the main approach into the
parking area.
6. All buildings and parking or driveway areas should be set back
at least 50 feet from the edge ofthe bank of King's Run to provide
an undistrubed shoreland area.
7. The final plans should reflect the most recent roadway alignment
for Circle Dr.
8. A plat of this property will be required to dedicate all necessat
easements.
9. The EAW and ISP processes should be initiated by- the -developer
as soon as possible. The decision on the EAW should be made by the
Council before a Final Site Plan is approved.
10 ( added ) - Include a sidewalk on the south side.of West Cir.
Dr. adjacent to the project.
Alderman McConnell questioned the validity of adopting this B-4
when B-3 was tabled. He would like to see this tabled too.
President Selby stated that if this is adopted the City can still
listen to the wishes of the neighbors and have them work with the
developer. This will come back to us for final approval.
Vote was taken. Ayes (6), Nays (1). Alderman McConnell voted nay.
Motion carried.
Having no further business, Petersson moved, Canfield second to
adjourn the meeting. Ayes (7), Naa (0).Motion carried.
City Clerk