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HomeMy WebLinkAbout04-06-1992RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Reqular Meetinq No. 25 -.April 6. Agenda Item OF THE COMMON COUNCIL MINNESOTA 3885 1992 A-1 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell ( Arrived at 2:07 P.M.), Petersson and Solinger. Absent: None. Petersson moved, Crawford second to approve the minutes of the March 16, and 23, 1992 meetings. Ayes (6), Nays (0).Motion carried. C-1-3 I The appointments will be considered at the evening session. No action was taken at this time. E-1 Crawford moved, Hunziker second to adopt Resolution No. 162-92 authorizing the City Clerk to advertise for bids on new restaurant kitchen equipment J 6952 for the Rochester Municipal Airport. Bids to be opened at 11:00 A.M. on April 24, 1992. Ayes (6), Nays (0).Motion carried. E-2 IPetersson moved, Crawford second to adopt the following resolutions as adopted by the Rochester Public Utility Board: Resolution No. 163-92 approving a purchase order with Petersen-Wisdoi for cable in the amount of $456,797.88. Resolution No. 164-92 approving a purchase order for steel poles. and deadends from Meyer Industriers in the amount of $57,365.00. Ayes (6), Nays (0).Motion carried. E-3 Hunziker moved, Crawford second to Instruct the City Attorney to prepare an Ordinance making an amendment to Rochester Code of Ordinance 38.13 Housing Code making the change. Ayes (6), Nays (0). Motion carried. E-4 ISolinger moved, Petersson second to approve the following licenses and bonds: GAMBLING - Roch.Civic Music Guild -Raffle 10-24-92. HEATING CONTRACTOR - Grubb Ref. /G. and L. Rest. Requipment. MASTER INSTALLER- Lawrence Doherty SEWER AND DRAIN - BMG Excavating - Mantorville, Mn. - Friedrich Consi Roch. Mn. and Severson Construction, Hayfield, Mn. SIDEWALK -Cement - Pencille Constt. Inc. Oronoco, Mn. MISC. ACTIVIITES - State Am.Legion-Parade - Am. Legion Post 92 Roch. on July 17, 1992. Knights of Columbus - Tootsie Roll Fund Raiser on April 24-26 1992 at Roch.Shopping Center. March of Dimes Foundation WalkAmerica Event on April 25, 1992 at Willow Creek Jr. High Rochester Meth. Hosp. 13th Annual Life Run May 2, 1992 at Willow Cre( Jr. High - Olmsted Co. Memorial Assoc. - Memorial Day Parade -May 25, 1992 in Central Park to Soldiers Field - Rochester Track Club - Running Road Race - May 16, 1992 Essex Park B.ike Path. The following°Ori-Sale Intoxciating Liquor Licenses (36) (see list attached ) and Sunday On -Sale Intoxicating Liquor (42) - On -Sale Non - Intoxicating Malt Liquor (33) ; Off -Sale Non -Intoxicating Malt Liquo7 (16);Dance (21) Bowling (3) ; Over the Counter Cigarettes (95) and Vending Mach.Cig.(69). Ayes (6), Nays (0).Motion carried. !L Agenda Item E-5 E-6 E-7 E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 6, 1992 Petersson moved, Crawford second to adopt'Resolution No. 165-92 ordering a feasibility report from the Public Services Dept. on a petition that the proposed llth Avenue N. W. in Bel Aire Addition, First Reply, be put thru and improved as a street and dedicated as a public ROW. This was requested by the Seventh Day Adventist Church. Ayes (6), Nays (0).Motion carried. The Accounts Payble will be considered at.the evening meeting. No action was taken at this time. Petersson moved, Solinger second to adopt Resolution No. 166-92 awarding the bids for Rapid Cure cutback asphalt to Kock Material Co. and 166A-92 Nothern States Asphalt Co. for Cationic asphalt umulsion. Ayes (6), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 167-92 approving the low bid of Rochester Sand and Gravel, ROch. Mn. for Plant Mixed Bituminous - #2341 mix. F.O.B. plant $15.20 per ton - hauling 2341 - $.15/ton mile and 2341 mix. del. and rolled into.place $17.85 per ton. Ayes'(6), Nays (0)'; Motion carried. Solinger moved, Petersson second to adopt Resolution No. 168-92 and 168A-92 and 168E -1992 as follows: 168-92 - Rochester Sand and Gravel for washed sand del. $3.60 per ton 168A-92 Shamrock Enterprises - Washed sand dev. $4.69 / ton Pi- run gray. F.O.B. pit $1.75/ton - pit run gravel del. $3.75 per toi 3/4" crushed rock de. $4.59 / ton 4-6" oversize rock FOB quarry $2.65/ ton and del. $4.49/ton. Res. 16813-92 to Quarve-ANderson for 3/4 crushed'.rock FOB quarry $3.00/ton and 1/4" rock sealing chips quarry $6.00/ton and dev. $8.00/ton Ayes (6), Nays (0).Motion carried. E-10 Canfield moved, Hunziker second to adopt Resolution No. 169-92 authorizing the execution of the revised contract with the Mn. Higher Education Coordinating Board titled "Agreement on Use of OCLO. Ayes (6), Nays (0).Motion carried. Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Meeting No. 25 - April 6, Alderman McConnell arrived at 2:07 P.M. OF THE COMMON COUNCIL MINNESOTA 433887 1992 Crawford moved, Hunzike_r second to adopt Resolution No. 170-92 approving the=acquisition':of4.10 acres of land from the School District 535 for the amount of $34,977.10. Ayes (7),Nays (0).Motion carried. This is for Elmcroft Park. Canfield moved, Crawford second to adopt Resolution No. 171-92 approving the Labor Agreement - 1992-1993 Painter's Local 681. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 172-92 setting forth the City's declaration on the EAW adequacy on need for an Impact Statement for the Northwest Plaza Shopping Center Dev- elopment. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to adopt Resolution No. 173-92 approving the minor adjustments to the Precinct and Wards in the City of Rochester. These are needed to better facilitate the future annexations. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 174-92 setting a hearing for May 4, 1992 on the proposed vacation of all Easements ( Drainage and Utility)on Lots 5-8, Blk 3, Lots 1-4, Blk 4, Lots 1-9 Block 5 and Outlot B of Rolling Meadows Sub. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to refer the Amendment to Land Development Manual on Appeals to the staff and Planning Commission and conduct a hearing on said proposal. This would be referred to the Planning Commission first and then to the City Council. Ayes (7), Nays (0).Motion carried. Solinger moved, Petersson second to adopt Resolution No. 175-92 approving the Cooperative Construction Agreement with Mn/DOT and instructing the Mayor and City Clerk to execute the agreement for replacement of the 37th St. N. W. Bridge over TH 52, ramps, traffic control systems, etc. Ayes (7), Nays (0).Motion carried. Petersson moved, Solinger second to table the Revocable Permit/Mayo Clinic Telecommunications until the evening meeting. Ayes (7), Nays (0).Motion carried. More information about where the line was going is needed from Public Services. Crawford moved, McConnell second to adopt Resolution No. 176-92 designating the Municipal State Aid Streets for the City of Rochester in 1992. This is sutject to the approval of the Mn. Dept. of Trans. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to adopt Resolution No. 177-92 approving the Maintenance Agreement with Olmsted County for 9.71 miles of Co. raods within the City limits. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 6, 1992 Agenda Item E-21 Solinger moved, Crawford second to adopt Resolution No. 178-92 approving the Mn/DOT Plans for the Replacement of the 37th Street N. W. Bridge over TH 52. Bids on this project were opened on March 27, 1992. Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, Petersson second to table the Revocable Permit application by the Mayo Clinic Communications Conduit and Cables to the evening session. Aldermen wanted more information on where this would be installed. Ayes (7), Nays (0).Motion carried. E-23 Crawford moved, Petersson second to adopt Resolution No. 179-82 and 180-92 declaring the costs to be assessed and ordering a public hearing for May'4,*1992 on Project No. 9010-91 J 9170 - Basic Street Construction on Essex Parkway N. W. from Approx. 150 feet 'south of Canterbury Court N. W. to West River Parkway N. W. Ayes (7), Nays (0).Motion carried. E-24 Canfield moved, Petersson second to adopt Resolution No. 181-92 authorizing the City.Clerk to advertise for bids on.Project J 4883- 2A - D-emolition of the Adler Building located at 36-38 4th St. S.E. and, Demolition of the Taco John Buil'di.ng located at 502 South Broadwa; Bids to be opened at 11:00 A.M. on April 29, 1992. Ayes (7), Nays (0).Motion carried. E=25 Crawford moved, McConnell second to adopt Resolution No. 182-92 authorizing the'City Clerk to advertise for bids on Project No. 9116- J 4360 - Reconstruct Drop Structure near the Water.Reclamation Plant. Bids to be opened at 11:00 A.M. on April 29, 1992. Ayes (7), Nays (0).Plotion.carried. E-26 Petersson moved, McConnell second to adopt Resolution No. 183-92 authorizing the City Clerk to advertise for bids on Project No. 9118- J 9211 -Construction of Curb and Gutter, Sidewalk, Driveway Approache. and Watermai.n in lst Ave. NE and lst St. NE Adjacent to Civic Square. Bids to be opened at 11:00 A.M. on April 29, 1992. Ayes (7), Nays (0).Motion carried. "E-27 Crawford moved, Petersson second to adopt Resolution No. 184-92 and 185-92 declaring the costs to be assessed and ordering a public hearing to be held on May 4, 1992 on Project No. 7301-7301A- Northwest Trunkline San. Sewer ( previously.postponed.) Ayes (7), Nays (0).Motion carried. E-28 Hunziker moved, Petersson second to adopt Resolution No. 186-92 adding para. 206.5 to Sec. B No Parking Zones as follows: (206.5) - 14th Ave. N. E. on the west side from 14th St. N. E. So. 60 feet more or less at all times. Ayes (7), Nays (0).Motion carried. E-29- Crawford moved, Petersson second to adopt Resolution No. 187-92 amending the Comp Traffic. Parking Resolution Book Sec. C Special Parking Zones to read as follows: Add - (l.t) West Center St. on the N. Side from lst Ave. 100 Ft. W. (4 stalls H/C Parking). 1 �I 1 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3889 Regular Meeting No. 25 - April 6, 1992 Agenda Item E-29 Modify - (3.7) 2nd Ave. S. W: on the E side from 50' N of 2nd St. to the mid -block crosswalk (2 stalls H/C Parking.). Sec. H Zone A - 12 min. parking - (7) 1st Ave. N. W.' on the W. side from Center St. to 100 feet N. (4 stalls ) - Sec. I Zone A - (7) lst Avenue N.. W. on the W. side from Center Street to 100 feet north (4 stalls ). Ayes (7), Nays (0).Motion carried. E-30 Solinger moved, Hunziker second to adopt Resolution No. 188-92 authorizing the City Clerk to advertise for bids onJ 2588 - Project 8215-12-91 Expansion of Civic Center North Lot -# 17 - Bids to be opened at 11:00 A`.M. on April 29, 1992. Ayes (7), Nays (0) Motion carried. E-31 McConnell moved, Crawford second to adopt Resolution No. 189-92 authorizing the City. Clerk to advertise for bids to be opened at 11-00 A.M. on April 29, 1992 on Project No. 8215-14-92 - J 2594 Second Street Ramp 1992 Repairs. This also grants the authorizing of no sale for monthly,passes during May and June to reduce the number of parkers.in the ramp during this construction. Ayes (7), Nays (0).Motion carried.. E-32 Petersson moved, Crawford second to award the low bid to H & H Electric of Rochester, Mn. in the amount of $43,826.00 for Project 9251 J 6360 - Traffic Signal Interconnect on Civic Center Dr. from 4th Avenue to 16th Avenue. Ayes (7), Nays (0).Motion carried. Resolution 190-92 was adopted. E-33 Solinger moved, Crawford second to adopt Resolution No. 191-92 scheduling a hearing for May 4, 1992 on the Fare and Service Changes for Rochester City Lines. Ayes (7), Nays (0).Motion carried. E-34 Canfield moved, Petersson second to adopt Resolution No. 192-92 scheduling a hearing for May 4, 1992 on the Operating Policies and Guidelines for ZIPS Dial -A -Ride at 7:30 P.M. on May 4, 1992. Ayes (7), Nays (0).Motion carried. E-35 Petersson moved, Solinger second to adopt Resolution No. 193-92 approving the Contract Modification No. 5 from Bor-Son Construction Inc. for the Solids Handling Improvements at the Water Reclamation Plant in the amount of an additional $10,680.49. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Amending the Rochester Code of Ord. No. 38.13 —relating to late payment of Housing Registration Renewal fees. This was given its first reading. F-1 An Ordinance Creating Chapter 113A of the RCO Relating to the keeping of Chickens in the City of Rochester, Mn. was given its second readin, Petersson moved, Solinger second to adopt the Ordinance as read. Ayes (6), Nays (1). President Selby voted nay. Motion carried. F-1 An Ordinance Repealing Sub. 4b of Sec. 98.03 of the Roch.Code of Ord. Relating to the Construction of .a Sub. during an Interim Service Period was given its second reading. Solinger moved, Petersson second to adopt the Ord. as.read.-Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3890 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 6, 1992 Agenda Item F-1 An Ordinance Repealing_Chap. 36 of the Roch. Code of Ord. relating to the Required connection of Water and Sewer Mains; and amending Sub. 5 of Sec. 76.04 of the RCO Relating to the req. connection to a Public Sewer System. This was given its second reading. Petersson moved, Hunziker.second to adopt the Ordinance as read. Ayes (6), Nays (1) Alderman Canfield voted nay. Motion carried. F-1 An Ordinance Amending Sub. 4 of Sec. 125A.04 and Sub. 3-of Sec. 125A. 21 of the RCO Relating to Sunday Sales of Intoxicating Liquor was given its second reading. Solinger moved, Petersson second to adopt the Ordinance as -read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending -the Home Rule Charter of the City of Roch. by Changing all references to Alderman and Alderman -At -Large to Councilmember and Councilmember -at -Large was given its second read- ing. Upon Roll call vote, Aldermen Canfield, Crawford , Hunziker, McConnell, Solinger and President Selby voted aye. Ayes (6), Alderman Petersson voted nay. Nays (1). Motion carried and the Ordinance was adopted. F-1 An Ordinance Amending Sec. 5.03 of the Home Rule Charter of the City of Rochester pertaining to the scheduling of meetings by the P 9 9 9 Common Council was given its second reading. Solinger moved, McConne second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance amending Sub. 1 of Sec. 13.03 of the Home Rule Charter of the City of Rochester, Mn. pertaining to the bonding requirement for the Library. Board Seca was given its second reading. Canfield moved, Crawford second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance on the.annexation of 12.58 acres of land situated in portions of Sec. 15, Roch. Township to the City of Rochester was given its second reading. McConnell moved, Petersson second to adopt the Ordinance as read. Ayes (7)'; Nays (0).Motion carried.. - evening meetin . F 1 The rest of the items were considered at the v g g G-1 The tabled item on the revised General Dev. for the Special Dist. No. 1 "The Arboretum/remained on the table. This will be voted on at the evening session. Having no further business, Solinger moved, Petersson second to adjoin the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby,Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None. B-1 A Hearing on the Request for Industiral Dev. Bond from the Mayo Foundation - $150,000,000.00. Wishing to be heard was Harry Hoffman of the Mayo Foundation and was present for any questions the Council may have. Having no further persons that wished to be heard, Presid- ent Selby closed the heari,ng.. Petersson moved, McConnell second RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3891 Rpqular Meeting No 2S - April 6. 19A2 Agenda Item B-1 to adopt Resolution No. 194-92 giving preliminary approval of the Mayo Foundation/ Mayo Medical Center project and its financing; referring the proposal to the Minnesota Dept. of Trade and Economic Dev.; and authorizing the Mayor and the City Clerk to execute the documents on behalf of the City. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Petition to vacate the easterly 1' of the 10' wide utility easement located in Blk 1, Lot 2, Cimarron Seven. ( Timothy J. Covalt petitioner.) Having no one present that wished to be heard, President Selby closed the hearing. Alderman Canfield asked the Public Services Dir. if 9' easement would be sufficient. Mr: Roger Plumb, Public Services Dir. stated that it is O.K. Canfield moved, McConnell second to adopt Resolution No. 195-92 approving the request. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Zone Change request by Western Walls, Inc. from the B-4 Dist to the B-2 Dist. Wishing to be heard was Chuck DeWitz of 602 llth Avenue N. W. and was present for any questions the Council may have. A question of the Council on whether the parkland ded- ication was based on R-2 or R-1 - Jane Kansier of the Planning Dept. stated that it was based on R-2 and that they need the covenants yet,.but otherwise this is O.K. Having no one else present that wish ed'to be heard, President Selby closed the hearing. Petersson moved, McConnell second to instruct the City Attorney to prepare the Ordinance making this,a law. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Final PI -at to be known as Cimarron 15. Wishing to be heard was Chuck DeWitz of 602 llth Avenue N. W. and approved and accepted the conditions as was p:latted on the plat. He was also present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, McConnell second to.adopt Resolution No. 196-92 approving the Final Plat. Ayes (7), Nays (0)-.Motion•:car.ried. B-5 A Hearing on the Final Plat'of Foxcroft North Second Sub. Wishing to be heard was Mike Nigbuhr of McGhie and Betts, Inc..and was present for any questions the Council may have. He stated that he has no problems of..the conditions that were placed on this before it is recorded. Having no-one else present that wished to be heard, President Selby closed the hearing. Solinger'moved, Crawford second to adopt Resolution No. 197-92 with the conditions as placed on by the Planning and Zoning -Dept. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Final Plat of Dimaond Ridge Four. Wishing to be heard.was Chuck DeWitz of 602_ llth Avenue N. W. and was present for any questions the Council may have. Having no further persons that wished to be heard, President Selby closed the hearing. Crawford moved, McConnell second to adopt Resolution No. 1.98-92 along with the conditionsas listed in the -report by --the Planning and Zoning Dept. Ayes (7); Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3892 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 6, 1992 Agenda Item B-7 A Hearing on the Final Plat of Manor Woods West Fifth Sub. A representative of Land Consultants.was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, McConnell second to adopt Resolution No. 199-92 with the four conditions as place on the request by. the. -Planning Dept. Ayes (7), Nays (0).Motion carried. B-8 A Hearing on the Final.Plat of Baihly.Estates. Ron Bailey of Yaggy=Colby was present and represented the Dev. He spoke to the conditions and basically stated that they were done or would be completed soon. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Canfield second to adopt'Resolution No. 200-92 approving the plat with the conditions'a-s listed on the report from the Planning and Zoning Dept. Ayes (7), Nays (0).Motion carried. B-9 A Hearing on the Land Sub. Permit Type III Phase II Application preliminary plat for the South Park 3rd Sub. Wishing to be heard was Harvey Ratzlaff of 2040 Viola Rd. N.E. and stated that he agrees with.the conditions as set forth and urged the Council to approve this. Having no one else present and after Council discussion, President Selby closed the hearing. Alderman Crawford was concerned about the drainage in the area and the effects it may have on other subdivisions. Ms. Kansier of the Planning Dept. stated that the drainage problem should be taken care of in this plat. Mr. Ra.tzlaff stated that he knows the house that Alderman Crawford is referring and stated that it is not yet complete but the drainage should be improved. Petersson moved, Solinger second to accept the findings of Fact..with the seven conditions as listed by the Planning Dept. The City Attorney to prepare the Findings of Fact. Ayes (7), Nays (0).Motion carried. B-10 A Hearing on the Revision to Sunday Li.quor Ord. 10 A.M. starting time. Wishing to be heard was Chuck Leone of 1828 14th St. N. W. and he urged the Council to adopt the 10:00.A.M.starting time. He stated that bowling leagues come to town and would like to celebrate a victory after bowling early in the morning. Also the other establist ments in the .city would appreciate being able to offer champagne brunches etc. Mayor Hazama also .promoted the adoption of this. He stated that it is a good promotion tool when we are trying to get more conventions -in to Rochester. Having no orte else present that wished to be heard,-Presiderlt Selby closed the hearing . Solinger moved., Petersson second to approve the opening at 10:00`A.M. Upon roll call vote, Aldermen Canfield, Crawford, Hunziker, McConnell and President Selby voted nay. Nays (5), Aldermen Petersson and Solinger voted 'aye. Ayes (2),Motion did -not carry. After further discussion, Alderman Crawford stated that she is opposed to this opening at 10:00'A.M. She also thinks three months is long for a special event. Petersson moved; Solinger second to approve the City Attorney to prepare an Ordinance amending the liquor license Ord. allowing for Sunday sale of liquor starting at 10:00 A.M. for specific events and times only at the approval of the Council. Ayes.(6), Nays...(1) Alderman.Hunzi_ker voted nay. Motion carried. I I� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular -:,Meeting No. 25 - April 6, 1992 Agenda Item . B-11 A Hearing on the Proposed installation of a Sidewalk and Curb and Gutter along 37th St. N. W., TH 52 to 1200 Ft. East of 15th Ave. N. W. Wishing to be heard was Heinz Pelke of 2016 37th St. N. W. and wanted more information about this project. The Public Services Dept. furnished him with this information. Wishing to be heard was Todd Humphrey of 2003 37th St. N. W. and was concerned about the safety of vehicles during construction and genoral information. Mr. Plumb also furnished him with information. Mike Sheehan, of the Olmsted Co. Public Services Dept. was present for help to questions regarding this hearing. After discussion by the Council, President Selby closed the hearing. Petersson moved, Canfield second to adopt Resolution No. 201-92 approving the project. Ayes (7), Nays (0) Motion carried. B-12 A Hearing on the Final; Site Plan for the Northwest Plaza Shopping Center Phase I and II in the Arboretum Special Dist. SD-13. Wishing to be.heard was Ron Bailey of Yaggy Colby representing the Dev. He went over all the conditions and is in agreement with them. He urged the Council to approve this project. Wishing to speak in opposition regarding the traffic patterns and changing the developmen such as access.,is not acceptable by the following persons: Dr. Anthony Sinkiewicz of 3856 Chesapeake Lane N. W. Elzo Peske of 5603 Longboat Rd. Jean Nordly of 5758 Longboat Rd. Scott Becker of 3864 Chesapeake Lane; Shelly Haugen of 5515 Harborage; Tom Rasmussen of 55th St. Estates; Bob Ronnington of 55th St. Estates; Lisa Bowen of Longboat Rd. N. W.; Tom Podulke of the area of the Harborage.. Dan Helger of 3859 Chesapeake -Lane. Concerns were voiced by -the Council and Charlie Reiter of the Planning Dept. -went over the details of the road patterns and how this was arrived at.Also present and involved in the area is Mike Sheehan of the County Public Services Dept. They feel that the accesses as.well as the traffic pattern as looked at in this development is good and will work. Ron Bailey of Yaggy Colby also stated that he'did not or does not have the power to change road accesses or traffic patterns he was advised by the County that this would be the recommendation from them. Alderman McConnell stated that -he does not understand how the County can dictate to the City on such matters. Mr: Reiter showed slides and.plans of the various merges, etc. on the traffic which would be generated with this plan. Having no one else present that wished to be heard, President Selby closed the hearing. After discussion by the Council, Hunziker moved, Petersson second to accept the Final Site Plan for the Northwest Plaza Shopping Center Phase I and II_ in the Arboretum Special -Dist. SO -13. with the 14 recommendations as made by the Planning staff. This includes the Site entrance on 55th Street. Alderman McConnell stated that he cannot support this and is discouraged by the Council not willing to accept the compromise of -the people in the area. President Selby stated that she too is concerned about the problem of the people and the road situation and suggested that the County and the Township look at this and put the topic on the City's Committee of the Whole so that more study can be made.on this problem 33894 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting'No. 25 = April 6, 1992 Agenda Item B-12 without stopping the current project. The City Administrator stated that he would try to get this information by the April 20, 1992 Committee of the Whole Meeting.. Vote was taken - Ayes (6), Nays (1).- Alderman McConnell voted nay. Motion carried. It is noted that approximately 30 .people from the area presented a petition stating the concerns about traffic and traffic.signs, etc. C=1 Canfiel"d moved., Petersson second to�remove Vurnis Allen'Franklin from the Human Rights .Commission due to the fact that he missed 20% of the meetings without an excused absence. Ayes (7), Nays (0). Motion carried.- Petersson moved, Crawford second to approve the appointment of LuAnne DiMatteo of 402 31st St. N.E. for a term to run to May 1,.1995. Ayes (7), Nays (0).This.is contingent upon her filing the ethics documents with the City Clerk. C-2 McConnell moved, Crawford second to approve the Appointment by Mayor Hazama of Edward P. Weir of 2015 18th St. N. W. to the Urban Design Task Force. Ayes (7), Nays (0).Motion carried. C-3 Solinger moved, Canfield second to approve the Mayor's appointments to the Planning and Zoning Commission of Charles P. Blekre of 2018 7th Avenue N. E. to fill the unexpired term of Roy Rogers - term to run to December, 1993. Also the reappointments of Dan Berndt, Thomas Bellinger and Dorothy Combs - to the Planning Commission - tern to expire December, 1994. Upon Roll call vote, Alderman Crawford, Hunziker, McConnell and President Selby voted nay. Nays (4). Alderman Canfield, Petersson and Solinger voted aye. Ayes (3). Motion did not carry. Alderman McConnell stated that he thinks the Planning and Zoning is topped with Realtors. Alderman Solinger stated that he too was worried about this but thinks if there is a conflict the person may want to withdraw or resign. Steve Kvenvold, City Administrator stated.'that as far as conflict with the applicants for zoning related items, any appraiser may have been chosen by whoever at one time or another. McConnell moved, Solinger second to approve the appointments subject the them filing their ethics documents with the City Clerk. Ayes (7), Nays (0).Motion carried. E-6 Petersson moved, McConnell second to approve the Accounts Payable in the amount of $1,559,886.52 on file with the City Clerk. Ayes (7), Nays (0).Motion.carried. E-18 The request for a Revocable Permit for the Mayo Clinic Telecommunicat- ions in"4th Ave. between 2nd St. S.W. and 4th St. S. W. and in 4th St. S.W. between 4th Avenue and loth Avenue S. W. will remain on the table. is ANNUAL RENEWAL LICENSE The following renewal licenses are submitted for your consideration and/or approvals. All are pending departmental approvals, the required insurance and fees and all outstanding debts with the City of Rochester. NAME OF LICENSE NUMBER OF LICENSE On -Sale Intoxicating Liquor 36 Psomas Restaurant Corp. DBA AVIARY RESTAURANT Equity Hotel Corp DBA BAIHLY'S PUB Owen, Inc. DBA BROADSTREET CAFE & BAR ** BROTHERS BAR & GRILL, INC. ** Bainter, Inc. DBA C.J.'S MIDTOWN LOUNGE Kahler Corp. DBA CLINIC VIEW INN & SUITES Charles Brannon DBA CROWN RESTAURANT & LOUNGE Colonial Lanes, Inc. DBA BRASS LANTERN Christensen Food & Mercantile Co. DBA EDWARDO'S OF ROCHESTER Rochester Restaurant, Inc. DBA ESTABAN'S RESTAURANT Pa Ro Enterprises, Inc. DBA FIRST CLASS RESTAURANT JSR Rochester, Inc. DBA GROUND ROUND RESTAURANT CMZ, Inc. DBA HENRY WELLINGTON'S/NEWTS Kahler Corp. DBA HKIDAY INN DOWNTOWN Sonor Hotel Corp. DBA HOLIDAY INN SOUTH ** HOLLYWOOD LOUNGE, INC. Anthony Danh DBA HUNAN CHINESE RESTAURANT Hunan Garden of Rochester DBA HUNAN GARDEN RESTAURANT ** Tropic Lounge, Inc. DBA IN CAHOOTS LOUNGE/ELBO ROOM Kahler Corp. DBA KAHLER HOSPITALITY SERVICES Kahler Corp DBA KAHLER HOTEL Kahler Corp. DBA KAHLER PLAZA HOTEL Khosa, Inc. DBA MAX'S ON BROADWAY ** Dooley's, Inc. DBA MC MURPHY'S SPORT CAFE Michael's Suppr Club, Inc. DBA MICHAEL'S RESTAURANT ** LTB., Inc. DBA MUGZEES ** C.J.C. Enterprises, Inc. DBA NORTH STAR BAR BDG5 Limited Partnership DBA RADISSON HOTEL CENTERPLACE J & R Lodging Services, Inc. DBA-RAMADA INN - RECREATION LANES, INC. General Mills Restaurants, Inc. DBA RED LOBSTER #439 — Masters Restaurant Associates, Inc. DBA RUBY'S SOUTHWESTERN GRILL Cattle Company, Inc. DBA SIR JOHN BARLEY CORNE Great Western Fair, Inc. DBA SMILING MOOSE WILLOW CREEK GOLF COURSE Wong's Cafe Westside, Inc. DBA THE WILLOWS RESTAURANT Sunday On -Sale Intoxicating Liquor 42 On -Sale Non -Intoxicating Malt Liquor 33 Off -Sale Non -Intoxicating Malt Liquor 16 Dance 21 A Agenda Item E-22 F-1 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA "895 Regular Meeting No. 25 - April 6, 1992 Solinger moved, McConnell second to remove the request for a .Revocable Permit for the Mayo Clinic - Communications - Conduit and Cables in 2nd St. S.W. just east of 6th Avenue S. W. from the table. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to approve the request and adopt Resolution No. 202-92 approving the permit. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning property to R-2 on Lot 1, Blk 1 Pennington Business Park Sixth `1 .51 acres. -This. -;is on. from Western''Walls; Inc. This.was given its first reading: A request was received to suspend the rules and give this a second reading. Alderman Petersson voted nay and it takes unanimous vote of the Council to give an Ordinance a second reading under the suspension of rules. This was only allowed a first reading at this meeting. Solinger moved, Canfield second to adopt Resolution No. 203-92 approving an owner contract with McGhie and Betts, Inc. for Basic Construction in Diamond Ridge Four J 9332 -Western Walls. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to adopt Resolution No. 204-92 approving an owner contract with McGhie and Betts, Inc. for Basic Construction in Cimarron 15th J 9229 - This is with Western Walls, Inc. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to approve the owner contract with Maier Stewart and Assoc. Inc. for Basic Construction in Manorwoods West 5th J 9209 - Drake Forbrook and Assoc. Ayes (7), Nays (0).Motion carried. Hunziker moved, Crawford -second to remove the Revised General Develop- ment for the Special District No. 1 "The Arboretum" from the table Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second tc approve the revised General Dev. with the conditions as approved by the Planning Commission. Ayes (7), Nays (0).Motion carried. Having no further business, Canfield moved, Petersson second to adjourn the meeting until April 9, 1992 to approve the Canvass vote of the -April 7, 1992 election. Ayes (7), Nays (0).Motion carried. IMM, CITY CLE