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HomeMy WebLinkAbout03-21-1994Agenda Item Eft B-1 MA B-3 C RECORD OF 'OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA247 Adjourned Meeting No. 23 - March 21, 1994 President Selby called the meeting to order at 7:00 P.M., the follow• ing members being present: President Selby,Councilmembers Canfield Arrived at 7:08 P.M.),Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. A Hearing on the Preliminary Approval for Issuance of HealthCare Facilities Revenue Bonds of $6,000,000. for Olmsted Medical Group. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, Hunziker second to adopt Resolutio No. 112-94 approving the issuance of $6,000,000 in Revenue Bonds. Ayes (6), Nays (0),Motion carried. A Hearing on the Type III Phase II Land Subdivision Permit 94-2 Preliminary Plat of Lincolnshire Sixth Subdivision. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt the Findings of Fact in approving this permit with the seven conditions as listed on the Request for Council Action. Ayes (6),Nays (0).Motion carried. A Hearing on the Land Subdivision Permit - Preliminary Plat for Schuster East Subd. Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. and he represented the developer. He stated that conditions 3 and 4 have been completed and conditions 1 and 2 they have no problems with. Wishing to be heard was Bill Birmingham , Chief Financial Officer with Waters Instruments. He stated that Waters does not approve of this request. He was concerned about the expansion of 15th St. and the future of it. Ms. Kansier of the Planning and Zoning Dept. stated. that the 15th St. expansion is not considered at this time. Wishing to be heard was Tom Hexum of Rochester, Mn. and is appearing on behalf of Waters, Inc. and was pleased to see the 15th St. withdrawn from the plat.They are not objecting to S and L Platting their property,,that is to the north. 15th St. is Waters property. He is present this evening to oppose this and deny the proposal to vacate 15th St. N.W. They feel with this vacation, their property value would -.be adversly affected if this vacation was approved. He would like this information for the Record. President Selby again stated that the 15th St. subject was withdrawn from the request. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell = ved, Myhrom second to adopt the Findings of Fact with the conditions as listed on the Request for Council Action. Ayes (6), Nays (0).Motion carried. Councilmember Canfield arrived - 7:08 P.M. Agenda Item B-4 B-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 23 - March 21, 1994 A Hearing on the Land Subdivision Permit 94-4 (Preliminary Plan) for Bandel Hills Seventh Sub. :Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. representing the applicant and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, McConnell second to approve the Findings of Fact accepting the project. Ayes (7), Nays (0).Motion carried. A Hearing on the Land Sub. Permit.94-5 (Preliminary Plat) for Bel Air Eighth Sub. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. and was present for any questions the Council may have. Mr. Tointon went over a brief history of the area and had, no object- ions to the five conditions as listed on the Request for Council Action. Wishing to be heard was Greg Cooper of 1103 34th St. N.W. He represents the neighbors.. They are requesting that the Land Subdivision Permit 94-5 (sectioning of one B-1 zoned property, into three B-1 properties) so that only a private road driveway is allowed. They have concerns with subdividing the property But will be impacted if the proposed driveway connecting all three businesses with llth Ave. N. W. ( Res. street ) is permitted to be a public street. The neighbors have no concerns with subdividing the one B-1 zone into three zones, and are asking the Rochester Council to only allow a private road access to the businesses to assure intended usage of the land. Wishing to be heard was Ken Meyer of 1102 34th St. N.W. The neighbors do not want the kind of traffic that the new businesses will generate in the area. He is opposed. Wishing to be heard was John Modry of 1211 34th St. N.W. and he stated that it boils down to a matter of trust - the neighbors,.' do not trust the developers. They do not want fast food places or gas stations in the area. Wishing to be heard was Dorothy Holcomb of 1123 Knoll Ct. She would like the proposed road to be a private road, not a public road. She does not want a Kwik Trip store or any other such fast food place. She is in favor of a dental office, real estate office etc. Why add another public road to be maintained -by the City? Councilmember McConnell asked Mr. Bill Tointon why the developer can't go with a private road? Mr. Tointon stated that public access is needed for businesses to go into an area - they feel this is a problem with a private road. Mr. Tointon reminded the Council that whatever will go into the area will generate traffic. He also reminded them that this is only a "Preliminary'Plat"not a "use" in the area. After further Council discussion, and no one else present that wished to be heard, President Selby closed the hearing. After further lengthy discussion, the motion was made by Senjem and second by McConnell to table this for two weeks and have further discussion n RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4249 Adjourned Meeting No. 23 - March 21, 1994 Agenda Item B-5 on the request. This will be brought back to the Council on Apri,li 4, 1994. Upon Roll call vote, Councilmembers Hunzi.ker, McConnell, Senjem and President Selby voted aye. Ayes (4), Council - members Canfield, Evans and Myhrom voted nay. Nays (3). Motion to table was approved. B-6 A Hearing on the Land Sub. permit 94-6 (Preliminary Plat ) for Innsbruck 8th Sub. Wishing to_be heard was David Morrill of McGhie and Betts, Inc. appearing for the owner and urged the Council to approve this request. Having.no one else present that wished to be heard,President Selby closed the hearing. Senjem moved, Myhrom second to approve the Findings of Fact including the conditions as listed,on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Special Zoning Dist. for Arboretum (SD-1) Project Dev. Plan Phase to allow the construction of a commercial bank building in the Special Dist. 1- (Arboretum) Zoning Dist. Having no one present that wished to be heard', President Selby closed the hearing. Myhrom moved, Evans second to adopt Resolution No. 112A-94 approving the request. Ayes (7), Nays (0).Motion carried. B-8 A Hearing on the Final Plat to be known as Diamond Ridge 7th Sub. Wishing to be heard was Bob DeWitz of 607 llth Ave. N.W. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Evans second to adopt Resolution No. 113-94 approving the plat. Ayes (7), Nays (0).Motion carried. C-1-8 McConnell moved, Evans second to approve the following consent agenda 1 C-1 Approve the minutes of the March 7, 1994 meeting. C-2 Approve the Accounts Payable in the amount of $851,914.49. List is on file with the City Clerk. C-3 Adopt Resolution No. 114-94 authorizing the,City Clerk to advertise for bids`on a 1994 35,000 GWV truck dhassis and oil distributor. Bids to be opened at 11:00 A.M. on April 7, 1994. C-4 Adopt Resolution No. 115-94 authorizing the City Clerk to advertise for bids on plant mixed bituminous, cutback asphalt and emulsion sand, gravel and various size crushed rock. Bids to be opened at 11:00 A.M. on April 7; 1994. Res. 116-94 and 116A-94 was also adop. C-5 Adopt Resolution No. 117-94 approving a family leave of absence for Elizabeth Jones, Water Operator -at RPU from 3-29-94 until 5-26 94. C-6 Adopt Resolution No. 118-94 setti.ng a hearing date for April 18, 1994 on the proposed vacation by Janette Sampson and Doug Berninger for 4308 13th Avenue N.W. -garage encroachment. :ed. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4250 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 21, 1994 Agenda Item C-7 Adopt Resolution No. 119-94 authorizing the City Clerk to advertise for bids on Project No. 6204 112 -4-93 J 9264 - Reconstruct 4 112 St. N.W. from llth Avenue N. W. to 13th Ave. N.W. from 4 112 St. N.W. to 5th Place N.W. Bids to be opened at 11:00 A.M. on April 15, 1994. C-8 Appoint the following to the Public Facility Re -Use Committee: John Benike; Migon Broadwater; Steve Colbeck; Ruth Crawford, Ron Fiscus; Gary Hayden, Hal Henderson, John Kruesel; Susan Lemke, Suzanne Ramthun; and Rex Savage. Ayes (7), Nays (0).Motion carried. E-1 Discussion was held on the request for contributing to the City of Coates' legal fees. Councilmember Senjem stated that this is a serious item and that they are trying to defend an," ordinance that was patterned after our own ordinance. IF they lose this case, then he feels that the City of Rochester's Ordinance would be in jepardy too. For that reason he is asking the Council to consider the possibility of giving them some money to help fight this case. Councilmember Canfield also stated that the need to help them defend an ordinance that could help us as well as other cities in the State of Mn. would be beneficial to everyone. If the City of Rochester leads the way, maybe other cities would help too. Councilmember Myhrom stated that he thinks the League of Mn. Cities should get involved and help them, not individual cities. Councilmember McConnell stated that he is not in favor of nude dancing and there is no question that this is a good cause, however, he cannot see spending our taxpayers money for this defense of anothe city. Councilmember Evans stated that he does not think we should spend our taxpayers money either, he thinks that the Council should sponsor a chili feed, pancake breakfast, or some other means of financing them but on a volunteer basis. Councilmember Canfield stated that the City should really do some- thing to protect the ordinance on its first attack. Councilmember Hunziker stated that this may be perceived as a ban on nude dancing and for that we may be sued anyway. He is in favor of raising the money elsewhere than using taxpayers money. Mayor Hazama stated that the City of Rochester has made efforts to clean up Broadway and eliminate certain book stores. We should continue to support those who are trying to keep cities clean and this could well affect our city as well. Councilmember Senjem moved to strike this from the Agenda and it was second by Councilmember Hunziker. Senjem stated that he wanted unanimous support for this and he does not feel he has that support. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4251 Adjourned Meeting No. 23 - March 21, 1994 Agenda Item E-1 Wishing to be heard was Randy Schacht of 305 Highland Ct. He is a member of a couple of organizations who donate money to the City. He is opposed to giving money to other cities when they are busy giving money to us for things such as police radios etc. Councilmember Canfield stated that Action Delayed Can Be Very Expensive! ". Ayes (7), Nays (0).Motion to strike this from the agenda was approved. E-2 Evans moved, Hunziker second to adopt Resolution No. 120-94 approving the support of Rochester ISTEA Enhancement Funding for four projects as follows: The Skyway to the Govt. Center, the CGW RR Depot project, a Trailway alg King's Run Creek N.W. Roch. from Essex Park to the Douglas Trail and a Trail alg the DM&E RR from Silver Lake to Quarry Hill Park. Ayes (7), Nays (0).Motion carried. E-3 Discussion was held on the Request by Willow Creek Estates owners for Preliminary approval to apply for a Housing Revenue Bond Allocations of $6,750,000.00. ( Jay Bagne ). Wishing to be heard was Debbie Danson of 204124th St. S.E. and lives in the area. She is opposed. Wishing to be heard was Randall Knutzman of 2024 24th St. S.E.; Michael Tri of 2034 24 112 Lane S.E.; Randolph Berg of 2020 24th St. S.E.; Mark Keeling of 2030 23 112 Street S.E.; Joseph Kane of 2006 23 112 St. S.E. and they are opposed to this project. Gary Neumann, Assistant City Adm. reminded the Council that if this is denied, then Mr. Bagne could build this on his -own. Jeff Ellerbush of the Planning Dept. stated that it is zoned Family Residential, but this item is not a zoning issue, only a Revenue Bonds issue. Mr. Bayne wished to be heard and stated that the City has no liability connected with these bonds. He stated that there -'is a need for this type of housing and only a percent is allocated to low cost housing. Rents range in,the-$500 + a month plus some utilities. These will be two story buildings and he urged the Council to approve setting a hearing for issuance of the bonds. President Selby asked Mr. Bagne who his target group is. Mr. Bagne stated it would be family oriented. Councilmember Myhrom stated that he sees no need for this. Rochester has an abundance of rental units anyway and they rent in the range that Mr. Bagne's rental units would be. Councilmember Senjem asked if Mr. Bagne had checked on the impact of the development would be in the Pinewood School. Since this is family oriented, there could be a lot of children. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4252 CITY OF ROCHESTER, MINNESOTA -Adjourned Meeting No- 23 - March 21, 1994 Agenda Item E-3 E-4 E-5 E-6 Mr. Bagne stated that the area is growing and the impact is already there. Councilmember Hunziker asked Mr. Bagne how much he has spent getting this development to this point. Mr. Bagne stated about $67,000. total to this point. He would have invested $167,000 by the time of the hearing April 18, 1994. Councilmember Hunziker stated that IF this is approved, and the developer continues, then at the hearin the Council hears an argument " Well, we have spent x number of dollars and we can't turn back now." He wanted to make clear a point that IF the Council sets a hearing date, that this argument is not used because that is just what it means a hearing and the developer would lose his funds at that point IF it is denied. Councilmember Hunziker also was wondering about the water problems. If this is built, what about basements flooding, etc. The Council hears about problems in this area too. Mr. Ellerbush of the Planning Dept. stated that we do not regulate ground water. Mr. Bagne stated that excacation is needed and the project will have a holding pond to help in this area. Councilmember McConnell stated that he would wait for the public hearing to make further comments. Myhrom moved to deny. This motion did not carry due to a lack of a second. McConnell moved, Evans second to adopt Resolution No. 121-94 setting a hearing date for April 18, 1994 on the above project. Councilmember Myhrom moved, Senjem second to table this. Tabling motion taking precedent Roll Call vote was taken on that motion. Councilmembers Canfield, Evans, Hunziker, McConnell and President Selby voted nay. Nays (5), Councilmembers Myhrom and Senjem voted aye. Ayes (2), Motion did not carry. The original motion to order a public hearing was voted on with Ayes (5), Nays (2). Councilmembers Canfield, Evans, Hunziker, McConnell and President Selby voted aye. Ayes (5), Nays (2). Councilmembers Myhrom and Senjem voted; Nay. Motion carried. This item will have a public hearing on April 18, 1994 McConnell moved, Evans second to allow TCI to share time with the Government announcements on Channel 19 on a temporary basis until the rebuild is functioning or no later than Dec. 31, 1994. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to approve the request of the Volunteer Recognition Coalition to decorate the 1st Ave. S.W. and 2nd St. S.W. skyway between April 11 and 15, 1994. Ayes (7),Nays (0).Motion carried. Canfield moved, Hunziker second to approve the following resolutions as approved by the Public Utility*Board. Resolution No. 12'2-94 approving a purchase order for a cable and conductor in the amount of $110,784.03 with Petersen-Wisdorf. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4253 Adjourned Meeting No. 23 - March 21, 1994 Agenda Item E-6 Adopt Resolution No. 123-94 authorizing a medical leave of absence for Allen Klennert , Field Customer Service Rep. from March 18, 1994 to May 13, 1994. Ayes (7), Nays (0).Motion carried. E-7 McConnell moved, Senjem second to approve the transfer stock ownersh to John W. Brockman, Jr. of Rochester for John-Hardy's Bar-B-Q of Rochester Inc. for the two locations of 1940 S. Broadway and 929 West Frontage Rd. Hwy 52 North. Ayes (7), Nays (0).Motion carried. E-8 Hunziker moved, Senjem second to approve the transfer of the on - sale intoxicating liquor and Sunday liquor licenses from JSR, Inc. DBA Peanuts Bar and Grill to ROCL Incorporated DBA Rookies located at 1201 South Broadway effective April 1, 1994. Ayes (7), Nays (0).Motion carried. E-9 Senjem moved, Canfield second to approve the transfer of the on - sale intoxicating(exclusive) liquor and Sunday Liquor licenses to Gary Allen David , KRG Partnership DBA Kings Crossing Bar and Grill effective immediately. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, Evans second to approve the issuance of on -sale non -intoxicating malt liquor licenses to Bob Hanson's Rest. and Catering, Inc. for :Soldier's Field Clubhouse, 800 Soldiers Field i Dr. S.W.and Eastwood Clubhouse, 3603 Eastwood Rd. S.E. Ayes (7), Nays (0).Motion carried. E-11 McConnell moved, Senjem second to approve the transfer of corporate shares of CJC Enterprises, Inc. DBA North Star Bar to Joseph F. Guzinski for 33 1/3 share of corporate stock. Ayes (7), Nays (0).Motion carried. E-12 Senjem moved, Evans second to remove the name of Mr. Stephen Wong from Wong's Cafe Westside, Inc. DBA the Willows on -sale intoxicating and Sunday liquor licenses and on -sale wine and 3.2 beer for Wong's Cafe. Ayes (7), Nays (0).Motion carried. E-13 Hunziker moved, Myhrom second to approve the transfer of the on - sale intoxicating liquor and Sunday Liquor licenses for the Recreati Lanes, Inc. DBA Recreation Lanes from George Glorvigen to requested family members and to authorize financial investigation of the new ownership and waive the $500.00. This did not have a second and after further discussion, Staff recommended that since these would be new people taking over, and because investigations and fees were always done in the past, fee charge is recommended. After further discussion, Hunziker moved; Myhrom second to approve the transfer and order the investigation and the $500.00 be paid. Ayes (6), Nays (1). Councilmember Evans voted nay. Motion carried. n :he RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4�5� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 21, 1994 Agenda Item E-14 E-15 E-16 E-17 E-18 Hunziker moved, Senjem second to approve the issuance of an Off - Sale Non -Intoxicating Malt Liquor License to Kunthary Phy and Sin Roum for Oriental Food Located•at 603 6th Avenue N. W. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to approve the following licenses and bonds: The four requests that had questions were not included in this motion. DANCE - Ed's Attic (New annual) 530 llth Ave. N.W. HEATING CONTRACTOR - Schwickert Co. Mankato, Mn. Fore Mechanical,Inc 1360 Terrace Dr. Rosemount, Mn. MASTER INSTALLER - Steven D. Kidrowski of Isanti, Mn ; Keven J. Green of Wyoming, Mn.; Ted Clavel, North Mankato, Mn. SEWER AND DRAIN Allen Clement DBA A.L.C. Concrete Construction, Chatfield, Mn. SIDEWALK CONSTRUCTION - Kraemer Brothers, Inc. Plain, Wis. MISC. STREET USE - Annual Poppy Days May 6 - 7, 1994. ANNUAL LICENSES - list on the back of the Council minutes. Ayes (7), Nays (0).Motion carried. After Council discussion, the remaining four license applications had serious tax debts and other outstanding bills. Canfield moved,Myhrom second to approve the licenses for Red Lobster , Hoffman House, Ed's Attic and Minotti's at Ramada Inn. They are given 90 days in which to comply with the tax and other debts that are outstanding, which would give them a temporary license. After discussion, Canfield withdrew the motion and Myhrom the second. Hunziker moved, Canfield second to only consider the Red Lobster for a 90 day Temporary in order for them to get their bills paid. After numerous discussion such as giving these businesses a fair chance in giving them all 90 days in order for them to comply. Ayes (6), Nays (1). Councilmember Senjem voted nay. Senjem stated that he would vote aye on the Red Lobster, but he thought this was all of the four. After further discussion, Hunziker moved, Canfield second to approve all the other three for 90 days temporary licenses Ayes (7), Nays (0).Motion carried. Hunziker moved, Myhrom second to instruct the City Attorney to prepare an Ordinance annexing 3 acres of land located at 6233 Bandel Road N.W. ( Thomas and David Senst.) Ayes (7), Nays (0). Motion Carried. The request for the City -to pay the township the equivalent of three years of property taxes was not approved. Senjem moved, Hunziker second to adopt.Resolution No. 124-94 approv- ing the purchase of US Army Corps of Eng. Flood Control Project Parcel 241 Former Taco Bell - 711 S. Broadway in the amount of $30,000.00 from Stanley Maass. Ayes (7), Nays (0).Motion carried. Canfield moved, Myhrom second to adopt Resolution No. 125-94 directing the City Attorney to initiate eminent Domain for the purpose of acquiring land for the Marion Rd. S.E. Reconstruction Project. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4255 Adjourned Meetinq No. 23 - March 21. 1994 Agenda Item E-19 Senjem moved, McConnell second to adopt Resolution No. 126-94 requesting Mn/DOT to conduct a Speed Zone Study and rezone Bamber Valley Rd. from Salem. Rd. to Institutional Drive. Ayes (7), Nays (0).Motion carried. E-20 Hunziker moved, Evans second to adopt Resolution No. 127-94 issuing a revokable permit for the placement of a sign and light pole in the utility easement abutting the west line of Trunk Highway 53 in Lot 3, Block 10 Golden Hill Addition. Ayes (7), Nays (0).Motion carried. E-21 Myhrom moved, Canfield second to adopt Resolution No. 128-94 approving the plans and specifications for the Reconstruction of CSAH 36 ( Marion .Road) within the limits of the City of Rochester. Ayes (7), Nays (0).Motion carried. E-22 Myhrom moved, Canfield second to adopt Resolution No. 129-94 approving Construction Plans and Specifications for Bridge Reconstruction on Trunk Highway 14. Ayes (7), Nays (0).Motion Carried. E-23 Senjem moved, Hunziker second to adopt Resolution No. 130-94 appropriating the sum of $200,000 from our Municipal State Aid Funds for the Construction of Co. State Aid Highway 36 and request the Comm. of Transp. to approve the authorization. Ayes (7), Nays (0).Motion carried. E-24 I The Request for Traffic Impt. for US Auto and Marine Red. Project, was withdrawn. No action was taken. F-1 An Ordinance annexing 3.62 acres of lands situated in the E 1/2 of the.NW 1/4 of Sec. 9, T107N R14W, Rochester, Mn. was given its first reading. F-1 McConnell moved, Evans second to adopt Resolution No. 131-94 approving the Owner Contract for Basic Construction in North Park Sixth Sub. - Phase IV to serve Lots 26-29, Blk 4, Lots 1-4 and Lots 20-35 Blk 5 and Lots 5-7, Block 6, Scott Lampland and S.L. Contracting. Ayes (7), Nays (0).Motion carried. H-1 Katy Colbenson of KWWK was present and wished to urge the Council to look into the traffic problem on the intersection by Rainbow Foods and the Car Wash. This has become a problem and_cars back up during rush hour as well as other times when the people are grocery shopping as well as getting their car washed. The Council took this under advisement. No other action was taken. Having no further business, Senjem moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk