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HomeMy WebLinkAbout01-19-1994Agenda Item B-1 B-2 r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4219 Adjourned Meeting No. 19 - January 19, 1994 President Selby called the meeting to order at 7:00 P.M., the follow. ing members being present: President Selby, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom, and Senjem. Absent: None. A Hearing on the proposed Project No. 6350-4-94 J 9293 - St. Impts. to 50th Avenue N.W. from,55th St. N.W. to 1500 Ft. South of 55th St. N.W. Wishing to be heard was Mr. Kocher of 5707 55th St. N.W. and represents Holy Spirit Catholic School and Church and is in support of this project. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Canfield second to adopt Resoluti 21-94 accepting the project. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed protect No.'5260_Jr2235--Watermain_Ext._on E_-..Side of.- Marion Rd. from Eastwood .Rd to Approx..84a Feet South_. Wishing to be heard was Don Krahn of 2904 Knollwood Dr. S.E. and was questioning his assessment. He already was assessed for one side of his street and now another assessment is being put on the other side. He objects to this. Don MacGillivray of the Public Works Dept. explained the assessment policy to him and stated that he would be getting back to him on the exact footage of this assessment and explain our city polfoies in this case to him. Having no one -,else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Evans second to adopt Resolution No. 22-94 approving the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed project No. 6204 1/2-4-93 J 9264 - Street Reconstruction, Con. Curb and Gutter, Sidewalk and Watermain on 4 1/2 St. N.W. from llth Ave. N.W. to 13th Avenue N.W. and 13th Ave. N.W. from 4 1/2 St. N.W. to 5th Place N.W. Wishing to be heard in opposition to the "Sidewalk" portion of this project was the following: Lyle Solum of 122.1 20th St. N.W. Richard Zimmy of 1256 4 1/2 St. N.W., Roger Wilson of 1246 4 1/2 St. N.W., Rebecca Wilson of 1226 4 1/2 St. N.W. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Evans second to adopt Resolutio No. 22A-94 approving the project but eliminating the "sidewalk" in the project. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessments on Project No. 6202-3-92 J 9219 Pedestrian Lighting 2nd St. S.W. Broadway to 1st Ave.S.W. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Myhrom second to adopt Resolution No. 23-94 accepting the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessments on Proejct No. 9304-A J 9287 Reconstruction of E-W Alley in Blk 12 West Zumbro Addn from 19th Ave. S.W. to approx. 330 Ft. West. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, McConnell second to adopt Resolution No. 24-94 accepting the assessments. Ayes (7), Nays (0).Motion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4.2 2 0' Adjourned Meeting No. 19 - Jan. 19, 1994. Agenda Item B-7 A Hearing on the proposed assessments on Proejct 9304 J 9283 Reconstruction of various alleys in the City of Rochester - 7 locations. Wishing to be heard was David Heller of 121 7th Ave. S.E. and stated that he should not have to pay for alley reconstruction. He thinks taxes should pay for the entire projects. Public Works explained the assessment policy to him. Wishing to be heard was Tom Wolter of 210 6th Avenue S.E. and stated that the construction of the alley was not done very well. He has a lower driveway (approach ) then the alley and he is afraid water and dirt, etc. will drain into his driveway. He stated that others in this project are stating that they have the same problems. President Selby informed Public Works to go out and look:at this situation and others that may have the same problem. Wishing to be heard was Micahel Undebert of 109 7th Avenue S. E. and objects to this assessment:.He has no use for the alley and does not like to pay for it. He also stated that other renters in an apt. bldg should have to pay their fair share because they use the alley. Councilmember Canfield stated that 2/3 of the alley cost is paid for by the City. Councilmember Evans stated that during a session of setting goals in the future this topic came up and will be looked at in the future Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Myhrom second to adopt Res. 25-94 accepting the assessments. Ayes (6), Nays (1). Councilmember Evans voting nay. Motion carried. It is noted that a letter from Mr. and Mrs. Dahm objecting to this assessment,., was received by the Council. A Hearing on the 1994 ADA Paratransit Update. Mr. Tony Knauer of the Traffic Division of the Public Works Dept. was present and stated that a signer was present in the event that anyone wished to be heard who might need to use a signer. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resolution No. 26-94 approving the update. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation of the 50' wide drainage easement located on the south side of 55th St. N.W. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Evans second to adopt Resolution No. 27-94 approving the vacation. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4221 Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item B-9 A Hearing on the proposed ,vacation of a portion of the 7th St. N.E. Right -of -Way. Wishing to be heard was Tom Lawler of 1220 7th St. N.E. and wanted to know just exactly where this vacation was relative to the fence that is in the area now. Jane Kansier, Planning Dept. explained,the location to Mr. Lawler. Having no one else present that wished to be heard, President Selby closed the hearing. Evans moved, Hunziker second to approve the vacation. Evans moved Hunziker second to amend the original motion to include the conditioi as recommended by the Planning Dept. Ayes (7), Nays (0).Motion carril The original motion as amended was now voted on. Ayes (7), Nays (0). Motion carried. Res. 28-94 was adopted. B-10 A Hearing on the.Liquor License applicants for the remaining On - Sale Exclusive Intoxicating Liquor Licenses. Three applicants submitted their applications prior to the deadline of Nov. 9,1993. Those applicants are: Karen Koster DBA TK's Place - Diane Kay O'Conner, DBA O'Conner's Pub and Hinck Lounge, Incorporated (Louise Hinck) DBA RochesCheer Pub and Grill. A Fourth application arrived in the City Clerk's Office late afternoon of Jan. 19, 1994. It was submitted by Jack Prow. Council asked that each applicant come forth for any questions the Council may have. Paul,Cri►ide, Attorney for the Corporation of Louise Hinck - Hinck Lounge, Inc. was present and urged the Council to approve their application. ,lie stated that -they complied,with'City:-;requirements andvsbittd.a etter.telling.the City 'Council'what food will be se:rved,,�who will -be mahaging:'the."establ'ishment.- °They intend to =use_':both: parts.:of.this building for their establishment and will include music natured after the Country Western style. He stated that they have the business experience and the desire to make this a successful business. He urged the Council to grant the license to them. Mr. Terry Adkins, City Attorney asked who would be running the busini He was told by Mr.C.rinde that it would be Tracy and Steve Hinck. Mr. Adkins asked who will be responsible for the day to day business. Mr. Crinde stated the Louise Hinck is the principle and Tracey and Steven and Sherry Hinck will work on the premise: Mr. Adkins asked who would be responsible for the day to day business. Mr. Crinde stated that Louise Hinck is responsible for the corporation and Tracey and Steven on the day to day. Mr. Adkins asked if anyone has ever been convicted of a felony or willful violation of a federal or state law or a city ordinance dealing with alcoholic beverages? Mr. Crinde stated that Louise Hinck has not, Tracey Hinck can address this. Tracey Hinck was convicted of a misdemeanor in Winona County. He can address this. Mr. Adkins - Have any of those people that you have identified ever possessed an indoxicating liquor or non -intoxicating liquor license which has been revoked? Mr. Crinde - Louise Hinck has not, Steven Hinck as not, Sherry Hinck has not, you will have to ask Tracey Hinck whether or not any licenses have been revoked. is A. S. 4222 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item B-10 Terry Adkins asked - Can I assume that they are all over the age of 21. Mr. Crinde - "correct". Mr. Adkins - That is all I have at this time. President Selby asked Mr. Crinde that she thought Steven and Tracey were going to manage this business. Mr. Crinde stated that Louise Hinck will be managing this - Tracey Hinck will be involved in the daytime operation and Steven will be involved at night. Sherry will be involved as a waitress. Louise Hinck of 1622 3rd St. N.E. was present and answered questions posed to her by the Council. One of the questions posed to her was by Councilmember McConnell who asked her what part of the business if any would have dancing and what kind. Ms Hinck stated that she would have live music and maybe public dancing. Councilmember Evans asked her if she was planning to do any changes to the outside structure. She stated that maybe next summer. Councilmember Senjem asked her what kind of activities would be included in this bar. She stated tha.t..Country Western atmosphere - she wants this to be a friendly type bar. President Selby asked who would manage the bar and Ms. Hinck stated that Tracey would do most of the bar manage ment. Further discussion was held by the Council at this time. Wishing to speak before the Council was Tracey Hinck of 621 2nd Ave. S.W. Councilmember Myhrom asked Mr. Hinck why he wanted to go into this type of. business. Mr. Hinck stated that he liked Country Western music and he enjoys bars. Tracey. Hinck stated that in 1981 he purchased a business and got behind in his sales tax. He was charged for this in the Winona County,Court. He closed this business in Hammond because of getting behind in sales tax. He staed that he was not affiliated with the former Happy Warrior Bar ( Rochester ). Councilmember Hunziker wanted to know what business background Mr. Hinck has had. Mr. Hinck stated that he was acting manager of the Tropic Bowl in Rochester. He was with the Tropic Bowl from 1975 to 1981. He was with the Hidden Cove (fromer Jakes on the Lake) and sold Real Estate for one year. He was in Albert Lea for three years ( street bar) and finally Hammond, Mn. ( Bar ).Currently he is looking for work. Discussion was held by the Council on the problems that Mr. Hinck had. Diane Kay O'Conner DBA O'Conner's Pub was also an applicant for this license and was asked to be heard by the Council. Ms. O'Conner lives at 1915 Marion Rd. S.E. She stated that she will manage this bar along with her husband Pat and they will appeal to an older crowd in setting up this bar. She stated that they will have sandwiches and a piano bar and just a place for people to come in and sit and relax. This will be a small nice place. Councilmember Hunziker asked her if they will have Pull - Tabs. She stated that they would. After Council discussion Ms. O'Conner stated that she would do her best to run a nice bar. She urged the Council to give this to her. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4223 Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item B-10 Terry Adkins, City Attorney asked Ms. O'Conner the following questions. Since both you and your husband have been identified as the applicants, the questions I will ask you will apply to both of you. Have either of you ever been convicted of any federal or state:law or City Ordinance concerning alcoholic beverages. 'Ms. O'Conner stated that as for herself, she hasn't, she doesn't think he has, but she does not know for sure. Mr. Adkins " You.are not sure about your husband? Ms. O'Conner "no" Mr. Adkins - Have any of you ever had an intoxicating (l,iquor)or non intoxicating license revoked? Ms. O'Conner "no". Thank you. Wishing to be heard was Karen Koster of 302 llth Avenue Stewartville Mn. She will be the manager -owner and will have one full-time employee and her daughter will be part-time as a waitress. They will be running the larger side of the VFW place. They will be serving light sandwiches and chips - that sort of light menu. They don't know if they will have pull -tabs or not at this point. Councilmember Myhrom wanted to know why they want to run this-busine and the reply was " We just want to 'run a business". They may have a band'in•the future but as of this hearing, they are not certain. They would have to purchase a bar and other types of furniture and machines if they are granted this license. After Council discussion, Mr. Terry Adkings, City Attorney asked if they have ever been convicted of any federal or state law or City Ordinances concerning alcoholic beverages. Ms. Koster stated "no". Have any of you ever had an intoxicating or non -intoxicating liquor license revoked? Ms. Koster stated "no".Are you both over 21 "yes" was the answer. After Council discussion, another application was turned in and the Council granted permission to include this in the three listed on the Request for Council Action. Wishing to be heard was Jack Prow of Prow Companies, Rochester, Mn. He would like to have this license to be located at 921 Civic Dr. and King Crossing area. They want to develop this area and need a street bar business in the area. They would like to have a piano bar type establishment and will invest $25-$40,000. in the business. Councilmember:Hunziker stated that they have managed the business at the Carlton Hotel and do have experience running the bar business. President Selby mentioned that this is a new location and not the same place as the other three applicants. After Council discussion, Mr. Terry Adkins, City Attorney asked the applicant if he had ever been convicted of any federal or state1 aw or City Ordinances concerning alcoholic beverages? Mr. Prow stated "no". Have you ever had -an intoxicating or non -intoxicating liquor license revoked? Mr. Prow stated "no" Are you over 21 years of age. Mr. Prow "yes". President Selby asked him if he will manage the bar or who would. Mr. Prow stated that the corporate offices will be across the street and they will manage the bar but they would have a working manager too. Councilmember Senjem asked what style of bar they would have and Mr. Prow stated an older crowd -piano bar type. Councilmember Hunziker stated that at this time he would like to see this tabled and ask all four applicants to bring in specific plans for further consideration. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4224 Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item B-10 President Selby stated that she doesn't think we have all the questions answered and in order to be fair to everyone, we should have them answered in the future meeting (time). Councilmember McConnell stated that he agreed, he would like to see this tabled. Councilmember Canfield mentioned that the City Council received letters from Mark Anderson of the Holiday Inn South and he claims that the Holiday Inn South has the last Exclusive (bar) license and if that was the case, they would not have any available. He would like to have this researched.Having further discussion, and having President Selby closing the hearing. Evans moved, Myhrom second to grant the license to Hinck Lounge, Inc. Upon roll call vote, Councilmembers Evans, Myhrom voted aye. Ayes (2), Councilmembers Canfield, Hunziker, McConnell, Senjem and President Selby voted nay. Nays (5), Motion did not carry. After further discussion, the Council indicated they would like to have the above questions answered and brought back to the Council at another meeting. Hunziker moved, McConnell second to table this and have Mr. Adkins draft perimeters on which the Council may base their decision on. This would be brought back on February 23, 1994. Upon roll call vote, Councilmember Hunziker, McConnell Senjem and President Selby voted aye. Ayes (4), Councilmembers Canfield, Evans, and Myhrom voted nay. Nays (3). Motion carried. C-1-11 Hunziker moved, McConnell second to approve the following items 1-11 of the Consent Agenda: C-1 Approval of the minutes of the Jan. 7, 1994 meeting. C-2 Approve the following licenses and bonds: ANNUAL GAMBLING - Moose Lodge 2128 - Elks Lodge TEMPORARY GAMBLING - Rochester Area Council for the Arts March 5, 1994 at Riverland Tech. College Rochester Art Center - Whole Earth Auction at Kahler Hotel 2-26-94 ANNUAL DANCE - Christensen Food and Mercantile, Inc. DBA Ed's Attic. C-3 Approve the Accounts Payble in the amount of $3,166,222.08 - list on file with the City Clerk. C-4 Adopt Resolution No. 29-94 closing completed Improvement projects and transferring unexpended balances in the amount of $48,640.79. C-5 Approve of the appointment of Michael L.Schultz as Firefighter sub. to the passing of a background investigation and med. and ,,,psychological examination. C-6 Approval of Bradley J. Funke as Firefighter sub. to passing the background check and med. and.psyeho;ogical examinations. C--7 Approval of Gregory J. Neumann of Firefighter subject to the passing the background check and med. and pbychological-'examinations. 1 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4225 Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item C-8 Approve the agreement between the City and County for Law Enforcemen Testing. Adopt Resolution No. 30-94. C-9 Approve the filling of the Power Plant operator in the Public Utility Dept. - vacation due to early retirement. Resolution No. 31-94 is also included in C-10. C-10 Approve the filling of Meter/Service Worker in the Public Utility Dept. ( Res. 31-94 as approved in C-9 ) is applicable. C-12 Adopt Res. 31-94 ( See C-9) filling'the position of Senior Clerk Typist in the Records Div. of the Police Dept. C-11 Adopt Resolution No. 32-94 setting a public hearing for Feb. 23, 1994 on a proposed vacation of the alley adjacent to Christ United Methodist Church. Ayes (7), Nays (0).Motion carried. E-1 Adopt Resolution No. 33-94 setting a public hearing for the enlargement of Development District No. 3 and amendment of the related Dev. Program and Tax. Increment Financing plan. Senjem move Evans second to adopt said Resolution. Ayes (7), Nays (0).Motion carried. E-2 McConnell moved, Hunziker second adopt Resolution No. 34-94 supporting. -the application to the SE Mn.Initiative Fund/ Challenge Grant Loan Program. This is the application of Azotic Coating Technology, Inc. Ayes (7),Nays (0).Motion carried. E-3 Canfield moved, Hunziker second to adopt Resolution No. 35-94 approving the proposal of TSP Architects and Eng. to provide the I necessary design services and a new Animal Shelter for a basic fee of $29,500. Councilmember McConnell stated that he is in favor of the low bidder of Yaggy Colby. They have always did good work for the City. Upon Roll call vote, Councilmember Canfield,Hunziker, Senjem and President Selby voted aye. Ayes (4), Councilmember Evans, McConnell and Myhrom voted nay. Nays (3).Motion carried. E-4 Hunziker moved, Evans second to approve the soliciting for bids for Library Construction. Staff of the Library will proceed with the advertisement for bids. Ayes (7), Nays (0).Motion carried. Resoluti0n;No..-35A was adopted. E-5 Canfield moved, Hunziker second to adopt Resolution No. 36-94 approving a resolution of the Public Utility Board on a contract with Mechanical.'Systems, Inc. for purchase of a continuous emission monitoring system for the Silver Lake -Plant Unit 4: Ayes (7), Nays (0)..Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4226 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item E-6 Senjem moved, Evans second to approve the transfer of the on -sale intoxicating liquor license for Owen, Incorporated DBA Broadstreet Cafe to Creative Cuisine, Inc. DBA Broadstreet Cafe/Redwood Room effective Feb. 1, 1994. Ayes (7), Nays (0).Motion carried. E-7 Canfield moved, Hunziker second to approve the transfer of the Off - Sale Intoxicating Liquor License from Elton Hills, Inc. DBA Red's Liquor to Larry Wood effective immediately. Ayes (7), Nays (0). Motion carried. E-8 McConnell moved, Evans second to adopt Resolution No. 37-94 approvin, the award of proposals for fuel at the pump to Greenway as follows: Regular , unleaded and super -unleaded at .0465 over the CPC price for unleaded gas ( super unleaded at 90% unleaded and 10% ethanol price.) Low -sulfur prem. diesel at.0365 and low -sulfur No. 1 diesel at .0475 over the CPC price on low -sulfur # 1 diesel. Ayes (7), Nays (0).Motion carried. E-9 Myhrom moved, Evans second to table the Performance Appraisal y PP Program for 154 employees who represent the Management staff of the City. Ayes (7), Nays (0).Motion carried. E-10 Myhrom moved, Senjem second to table the Job Reclassifications as listed on Request for Council Action E-10 for further information Ayes (6), Nays (1), President Selby voted nay. Motion carried. E-11 McConnell moved to table the Meet and Confer Agreement with the Painters Local 681. This did not have a second and did not pass. Canfield moved, Hunziker second to adopt Resolution No. 38-94 approving the three year contract. Ayes (7), Nays (0).Motion carried. E-12 Canfield moved, Hunziker second to adopt Resolution No. 39-94 approving the Labor Agreement with AFSCME - Local 319 - three year contract. Ayes (7), Nays (0).Motion carried. E-13 Senjem moved, Canfield second to adopt Resolution No. 40-94 approving the Labor Agreement - IUOE 49 with Street and Alley. Ayes (7), Nays (0).Motion carried. E-14 Hunziker moved, Evans second to adopt Resolution No. 41-94 authorizi the acquisition of 1,084 sq. ft. in permanent easement for $3,400. from Mark Saucke located at 1117 4th Avenue N. W.— Flood Control Project Stage 3. Ayes (7), Nays (0).Motion carried. E-15 Evans moved, Myhrom second to adopt Resolution No. 42-94 authorizing the acquisition of 3,584.85 sq. ft. in temporary easement for $625.00 from Lawler Transfer Company for 19th St. N.W. Widening Project City No. 6219-4-93 J 9269. Ayes (7), Nays (0).Motion carried. E-16 Evans moved, Myhrom second to adopt Resolution No. 43-94 approving the sale of the Excess ROW to American Legion Post 92 from the Mayo Civic Center to the Park Headquarters. The will be located L'7 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4227 Adjourned Meeting No. 19 - Jan. 19, 1994 Agenda Item E-16 at a temporary place - old Health Center Building - until the final move to the park headquarters. Ayes (7), Nays (0).Motion carried. E-17 Myhrom moved, McConnell second to adopt Resolution No. 44-94 executing the lease agreement for the property at 504 llth St. N.W. Ayes (7), Nays (0).Motion carried. E-18 Hunziker moved, Evans second to adopt Resolution No. 45-94 approving the assessment agreement for Randy Schacht at 305 Highland Ct. S.W. Rochester, Mn. Ayes (7), Nays (0).Motion carried. E-19 Canfield moved, Senjem second to adopt Resolution No. 46-94 retaining BKBM Engineers to provide Structural Eng. Services for City Parking Ramps. Ayes (7), Nays (0).Motion carried. E-20 Canfield moved, Senjem-second to instruct the City Attorney to prepare an Ordinance amending the Truck Route Ordinance making the changes as listed on the Request for Council Action 1-19-94. Ayes (7), Nays (0).Motion carried. E-21 Senjem moved, McConnell second to adopt Resolution No. 47-94 requesting the establishment of a Board Innovation and Cooperation of the State grant a waiver which would allow a fee to be charged for handgun permit processing. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance.Amending Chapter 135 of the Rochester Code of Ordinance! Relating to Truck Routes was given its first reading. F-1 An Ordinance Rezoning to R-1 Mix. Single Fam. 2.67 acres of land located in that part of the E 1/2 of Sec. 16 T 107N R 14W - at the W end of 48th St. N.W., W of 24th Ave. N.W. and E of the car deal.ers alg the E. Frontage Rd. for Highway 52 was given its second -reading. McConnell moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 75.01 of the Rocehster Code of Ordinances Relating to the anmes of the streets platted in Baihly Heights Seventh Sub. was given its second reading. Senjem moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Senjem moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk