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HomeMy WebLinkAbout12-05-1994rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4386 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - December 5, 1994 Agenda Item B-1 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, Myhrom, Seniem and Stobaugh. Absent: Councilmember McConnell. A Hearing on the proposed Final Plat to be known as Leisure Court N.W. Common Int. Community Number 132. Wishing to be heard was James Burke of 4201 Manorwood Dr. and is representing the Developer. Would like to address a couple of conditions as placed on this by the Park Dept. and No. 1 is a request for a bikepath on the southerly edge of the property from the vacated Third Avenue to the West River Parkway. There is already an existing bikepath approx. 500 feet to the south that is being maintained by the City that is in the ROW or drainageway and feel that an additional bikepath 500 ft. away might be a little excessive. There is also an expense of having to fill that area to provide for that bikepath. He also felt that not many people use that area for biking/hiking and may not be needed in the first place. The other thing that Mr. Burke wanted to discuss was the parkland assessment. The piece they are developing is divided into two pieces. That to the west of the develpment. That to the west of Third Avenue, which is the actual portion that they are developing and that to the east of the vacated Third Avenue which is acutally a remnant parcel that was obtained from a former land owner that felt it was a rather difficult piece because it is part of the former City Landfill therefore could not be utilized for any type of development whether it would be buildings or otherwise. Their intent was simply to clear the land and grass it down so it could be used by all the neighborhood. The Park Dept. has indicated that they are not interested in accepting this as part of the parkland itself therefore they are taking this onto themselves to clear this up, sod it down and provide usage. They are being assessed a parkland assessment and do not think that this is right. They have no problem with the parkland assessment for the developable area. ( W. of vacated Third Ave.). Those are the two major points he is concerned about. Dave Rossman of the Traffic Dept. City of Roch. stated that they have a path in place from the Chalet Dr. to the shopping center and this is a straight path. They would lose this if the developer did not keep this area open. Councilmember Myhrom asked that '.if this path was considered and committed now and the pedestrian traffic warranted it, then it would be sure to be done. Mr. Burke stated that they would do it if.the traffic ( pedestrian ) needed to use it. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 15-.DprPmhPr 5, 1994 4387 Agenda Item B-1 ICouncilmember Senjem stated that putting a bike path in so close to the other one does not seem logical. Wishing to be heard was Michael Sell of 619 Chalet Dr. N.W. He stated that they do not want street -traffic to come thru_the area. Wishing to be heard was John Weidenbach of 5th Avenue N.W. He stated that he would like to have a street opened that would exit thru the development and this would give him and other residents in the area a straight road to Hy-Vee, etc. He would like to see Third Avenue opened up again. Having no one else present that wished to be heard, President Hunziker closed the hearing. After Council discussion, Canfield mov Stobaugh second to approve the plat. Resolution No. 631-94 was adopted. This resolution contains the nine conditions as placed on this by the Planning Department. The conditions are listed in the Request for Council Action. After further discussion, Canfield moved, Stobaugh second to add additional wording to condition No. 9. The new condition reads as follows: (9). This development shall provide and construct an 8' wide bituminous pedestrian walkway on a 10' wide easement from the West River sidewalk (somewhere in)Outlot A of this plat. The walkway easement can be dedicated across Outlot A by a spearate document recorded prior to the Final Plat(or within one year thereafter) . The plat can then show the easement on its face across Outlot A by reference to the recorded easement. (The Association will have the responsibility of maintaining the walkway.). Ayes (6), Nays (0). Motion carried. The first motion was now voted on. Ayes (6), Nays (0).Motion carried. B-2 A Hearing on the proposed vacation of Lot 1, Blk 2, Lincolnshire Sixth Sub. ( 20' of a 30' wide drainage easement ). Having no one present that wished to be heard, President Hunziker closed the hearin( Canfield moved, Senjem second to adopt Resolution No. 632-94 approving the vacation. Ayes (6), Nays (0).Motion carried. B-3 A Hearing on the Truth -In -Taxation for 1995 budget and Tax Levy. Stevan E. Kvenvold, City Administrator went over the budget with the members of the Common Council and the interested parties in the Council Room. He stated that the 1995 budget contains expenditures of $93,188,017.00 and would require a HACA adjusted property tax levy of $13,810,000. This is a reduction of $140,000 from the preliminary levy certified to the County Auditor in Sept. Facts and figures are printed in a "budget book" and are available in City Hall for further information. Wishing to be heard was Norm Nelson of 5618 26th Avenue N. W. and was concerned about the percentage of increase overall. He is a taxpayer who is urging the Council not to increase taxes. He had questions and Stevan Kvenvold would address them later. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4388 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - December 5, 1994 Agenda Item B-3 B-4 B-5 Mayor Hazama also answered Mr. Nelson in that our City has maintained No. 1 and 2 rating nationwide and our city is responsive to growth because of it. Due to this atmosphere, we have to have people to handle city business and that costs money. D Wishing to be heard was Bob Borst of 2625 Riverside Lane N.E. He had concerns about his taxes going up a lot. It was noted to him that he was out of the City and when he was annexed the taxes went up and this increase was spread over three years. It should level off at that point. Wishing to be heard was John Weidenback of 2001 5th Avenue.N.W. and stated that he likes to save money, therefore he is opposed to any increase in taxes. Wishing to be heard was Marie Sandok of 1516 13thAvenue N. E. She stated that she is happy with the efforts of the Park and Rec. Dept. She urged the City to keep planting trees, etc. Mayor Hazama stated that Rochester is kn^wn as "Tree City" and we hope to keep that recognition. Wishing to be heard was Fred Stussey of 32nd St. N.E. and was not happy at the amount of taxes he has to pay. Wishing to be heard was Paul Michael of 1317 8th St. S.W. and was disgruntled about the "system". Also wishing to be heard was Chris Samuels of 2106 36th St. N.W. and stated that he has rental property and the taxing of rental properties is out of this world. He would like to see this stopped. U Having no one else wishing to be heard, President Hunziker closed the hearing. No action will be taken on this until Dec. 19, 1994 in order for the Council to receive input on the budget. A Hearing on the proposed vacation of a 20' wide utility easement located alg the common lot lines of Lots 1-3, Blk 1 Elton Hills Business Park. Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Canfield second to.adopt Resolution No. 633-94 approving the vacation. Ayes (6), Nays (0).Motion carried. A Hearing on the on the Issuance of On -Sale Exclusive Liquor License. Wishing to be heard was Mark Deets of Michaels , Seeger and Dunlap Law firm and he is representing G.P.K for opening a business into the former OTTO'S at 307 S. Broadway. The business is owned by Gus and Peter Chafos and Kathleen Dittrich. Mr. Deeter stated that they all have business experience and have been Rochester citizens for years and would operate this as Kathy's Pub. They would be doing major renovations and urged the Council to approve their request. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 15 - December 5, 1994 4 38 9 Agenda Item B-5 Councilmember Myhrom stated that the applicants of the potential Kathy's Pub would have management owners in the building. That would be a plus to him. Wishing to be heard was Peter Henderson of St. Charles Mn. operator of Hondo Brewing Co. located at 11 Second St. S.W. ( Old Tinkler's Rest.). He wanted to secure this license in the event that the restaurant part of his business not be a success. The Exclusive license would then allow him to stay in business without food being involved. After Council discussion, Canfield moved, Senjem second to approve the Findings of Fact granting the license to Kathy's Pub. The parties are in good financial condition. Strong accounting and other forms of business management. It is in a different part of town and has always been a bar. It has excellent locatation and is an excellent size for an Exclusive Liquor License. Councilmembers Myhrom Senjem and President Hunziker agree with Canfield's motion. C-1-5 Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to approve the following Consent Agenda: C-1 Approve the minutes of the November 17, 1994 meeting. C-2 Approve the following licenses and bonds: CIGARETTES over the counter Etc Gift Shop - Rochester, Mn. GAMBLING - TEMPORARY Hiawatha Valley Turkey Chapter - Raffle at the Radisson Hotel 3-31-9! Bamber Valley Ele. School PTA Bingo and Raffle 3-18-95 C-3 Approve the Accounts Payable in the amount of $2,706,751.Ol.File is in the City Clerk's Office. C-4 Adopt Resolution No. 634-94 authorizing the City Clerk to advertise for bids for library shelving. Ayes (6), Nays (0).Motion carried. C-5 This item was pulled from the Consent Agenda and a question was raised on the appointment of Carol Brown to the Rochester Conv. and Visitors Bureau Board of Directors. Councilmember Evans asked Mayor Hazama if he had many applicants for these type of positions. Mayor Hazama stated that he did and that he takes time to sort out the applications so that a particular job might suit that applicant. With that question answered, Evans moved, Stobaugh second to approve item No. 5. Ayes (6), Nays (0).Motion carried. E-1 Evans moved, Stobaugh second to approve the request for a waiver of Tax Credit Reservation Fee for the Rochester/Olsmted Community Housing Partnership, Inc. ( ROCHP). Ayes (5), Nays (0).Councilmembei Myhrom abstained. Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4390 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - December 5, 1994 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 0.1 E-10 E-11 Canfield moved, Stobaugh second to approve the Amendment No. 2 to the Local Cooperation Agreement with the U.S. Army Corps of Engineers for Stage 3 B of Cascade Creek. Resolution No. 63.4A-94 was adopted. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the Findings of Fact in the review of the Basic Cable Television Rate Regulation Proceeding with GWC Seventh Three , Inc. ( TCI Of Southern Mn.). Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the Change Order for Door Frames in the New City Hall. This is an additional $7,425.00. Ayes (6), Nays (0).Motion carried. Canfield moved, Evans second to adopt Resolution No. 635-94 approving a resolution of the Public Utility Board to enter into Joint Funding Agreement with Dept. of the Interior. This is for a two year groundwater assessment in the amount of $44,000. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to approve and direct the Planning and Zoning staff with the advice of the City Attorney to initiate the process by which the adult entertainment ordinance definition of an adult bookstore may be considered for possible amendment. Ayes (6), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 636-94 extending Sunday liquor sales from 10:00 A.M. to 1:00 P.M. for Colonial Lanes on Jan. 22 and 29, 1995 in connection with the Women's City Bowling Tounament. Ayes (6), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 637-94 authorizing the Health Plan Adm. Contract/ Plan Update. Ayes (6), Nays (0).Motion carried. It is noted that Councilmembers Senjem and Stobaugh work at the Mayo Clinic. Stobaugh moved, Senjem second to adopt Resollution No. 638-94 authorizing an increase in Group Insurance Plans for 1995. Ayes (6), Nays (0).Motion carried. For the Record, Councilmember Canfield stated that he would like to see the City share stabalized and if a rate increase was necessary then the employee might have to pay the increase. Senjem moved, Canfield second to adopt Resolution No. 639-94 approving a contract with GAB Business Services to provide Secondary claims adm. to the City and RPU. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 640-94 authorizing the execution of a lease agreement for the property at 433 loth St. N.W. with monthly rent being $425.00. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 15 - December 5, 1994 COUNCIL 4391 Agenda Item E-12 Evans moved, Myhrom second to adopt Resolution No. 641-94 authorizing the City to retain the,firm of Short Elliot Hendrickson (SEH) to provide Professional Eng. Services for Traffic Signals at TH 63 S. at 36th St. and TH 63 S. at 40th St. Ayes (6), Nays (0). Motion carried. E-13 Stobaugh moved, Senjem second to adopt Resolution No. 642-94 approving the 1995 Transit Operating and Funding Contracts. Ayes (6), Nays (0).Motion carried. E-14 Stobaugh moved, Canfield second to adopt Resolution No. 643-94 approving the low bid of Greenway Coop for one years supply of gasoline and diesel fuel in tankwagon. Ayes (6), Nays (0).Motion carried. E-15 Stobaugh moved, Myhrom second to approve a contract for Environmental testing with Huntingdon Eng. at the site of the new Fire Station. The cost to be approx. $2,780. This is to be paid out of contingency. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 94.01 of RCO Relating to the Non -Exc- lusive Franchise to Rcohester City Lines, Inc. to operate a public regular route bus trnasit system on the public streets of the City for a.period thru Dec. 31, 1999 was given its second reading. Myhrom moved, Stobaugh second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance annexing -to the City approx. 3.64 acres of land located on the East Side of 36th Ave. S.E. W of Strathmore Lane S.E. and N of Sheffield Lane S.E. Imm. N. of the Victory Baptist Church Property in the SW 1/4 of the NE 1/4 of Sec. 5, Marion Twp, Olmsted Co. Mn.This was given its second reading. Myhrom moved, Evans second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. G-1 Stobaugh moved, Evans second to remove the request for One -Way Traffic on Mayo Park Dr. from the table. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 644-94 approving the request. Councilmember Myhrom was opposed. He stated that speeding would become a traffic hazard and would be potential danger to the kids.. He enjoys this two-way street. Ayes (5), Nays (1). Myhrom voting nay. Motion carried. Having no further business, Canfield moved, Stogaugh second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. 1­7 -- er