HomeMy WebLinkAbout02-06-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular. Meeting No. 20 - February 6, 1995
COUNCIL
44f1
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Agenda
Item
A-1 President Hunziker called the meeting to order at 7:00 P.M., the
following members being present: President Hunziker, Councilmembers
Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:None.
B-1 A Hearing on the proposed project - 6204-2-94 J 2230 -
Reconstruct 4th St. S.E. from 3rd Avenue S.E. to llth Avenue S.E.
Wishing to be heard was Robert Northcutt of 1118 Plummer Circle
and would like to have a bike trail included in this project.
He was wondering what is taking so long with the 4th St. project and
urged the Council to approve the trail.
Mayor Hazama stated that the reason for the long time was because of
heavy construction in the area and trucks would tear up the street
with the hauling etc.
Wishing to speak on behalf of the bike trails being included are
Mitchell Schields of 812 4th Avenue S.E.; Lee Gansky of 816 14th
Avenue N.E. and Fern Hoven of Holiday Inn Downtown
Wishing to speak was John Hinch of 816 4th St. S.E. and
is concerned about the parking on one side only. He stated that he
needs parking on the south side of the street and not on the north
side.
Public Works stated that the reason they have given to remove parkin(,
from the south side was because of the problems with snow removal,
otherwise both sides had equal reasons why parking should remain
on said side.
Councilmember Myhrom stated that both sides are in need of parking,
but he would like to have the parking on the south side as he
sees the need to be greater on this side. Mr. Hinch stated that he
had a plan which he would like to discuss further with someone from
the Public Works Dept.
Mr. McGillivray invited him to come to the Public Works Dept. and
discuss this further.
Having no one else present that wished to be heard, President Hunzi
closed the hearing. Councilmember Myhrom removed himself from the
table because he owns a bike shop 1/2 block away from this project.
After Council discussion, Canfield moved, Evans second to adopt
Resolution No. 45-95 approving the project. Ayes (6), Nays (0).
Motion carried.
B-2 A Hearing on the Amendment to Planned Unit Development R-53
( Northview Village ) to allow the Construction of an Office
Building. Wishing to be heard was Hal Henderson , petitioner
300 1st Avenue N.W. He stated that they have seven conditions on
this and is in agreement with them. Councilmember Senjem mentioned
the curfew of closing after 10:00 P.M. Mr. Henderson stated that
the business would not be open after 10 P.M. and it should not be a
problem. Having no one else present that wished to be heard,
it
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4 4 1 2 Regular Meeting No. 20 - February 6, 1995
Agenda
Item
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B-3
B-4
President Hunziker closed the hearing. Myhrom moved, Senjem second
to adopt Resolution No. 46-95 approving the Amendment and waived the
requirement for the Final Plan. This is subject to the seven condi-
:ions as listed on the Request for Council Action. Ayes (7), Nays (0)
Motion carried.
A Hearing on the Type III, Phase II Zoning District Change Request
94-11 by Daniel Macken to rezone.1.55 acres of land from the
R-1 to the R-2 Dist. on property located north of 11 1/4 St. S.E.
east of llth Avenue S.E.
Wishing to be heard was Randy Ayshford of Ayshford Construction
Company and was present for any questions the Council may have.
Having no one else present that wished to be heard, President Hunzike,
closed the hearing . Stobaugh moved, Canfield second to approve the
request and instruct the City Attorney to prepare the Ordinance
that can be adopted. Ayes (7), Nays (0).Motion carried.
A Hearing on the Text Amendment 94-6 to consider an amendment to the
provisions of the LDM to add -a definition of the terms substantial
or significant as used in the definition of Adult Bookstore.
Wishing to be heard was Randy Tigue of 2620 Nicollet Avenue Mpls,
Mn. and he represents the owner of the Downtown Book and Video Store.
He stated that currently the bookstore has 40% of its space dedicated
to Adult material in an age -restricted room. He stated that they are
neighbors to City Hall and City Hall has received more police calls
than their store. Also receiving more police calls was such stores
as the Christian Book Store, so he does not feel that this bookstore
has caused any trouble and they check each customer for ID so that
minors cannot gain access to the Adult section of the bookstore.
He thinks that an amendment of any kind to the already existing
Ordinance would be unconstitutional.
Council President Hunziker asked Mr. Terry Adkins, City Attorney
if adding the words "substantial" or"Significant" to the definition
portion of the Land Development Manual would be correct.
Mr. Adkins stated that it would seem appropriate.
Having no one else present that wished to be heard, President
Hunziker closed the hearing.
Councilmember Myhrom asked Mr. Tigue if they have on site viewing -
the answer was "no" Myhrom asked how you get to the adult books and
video's. He was informed that the regular.magazines/books are in the
front part of the store. If you want to go to the back part of the
store for the adult section, then you would pass by a check point
for age.
President Hunziker asked if this store has been remodeled. He was
told that it had and that the adult section had been pushed back in
the store, but the same ratio was used.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNC►L
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 20 - February 6, 1995 4413
Agenda
Item
B-4 Councilmember McConnell who is opposed to this Ordinance in its
entirety stated that stores on the 300 block of Broadway did have
a deteriorating effect and the property values did decrease. This
was under a different person as owner, but nevertheless, "slime
industry" results in slime.
Councilmember Myhrom defended the current bookstore in stating that
the Broadway stores were under different management and they did
let the stores deterioriate, but this is a different store, owner
and location.
He asked Mr. Tigue if there has ever been violations on this booksto
selling to minors. He was told there was no violations of this
sort on this store.
Councilmember Canfield stated that there was a business person
who wanted to establish a new business near this business and she
relocated elsewhere because of this type of business, so it does
have an adverse effect on neighboring businesses.
Councilmember Evans called for the question.
Councilmember McConnell stated that he still wanted to speak and
again stated that he is not in favor of this bookstore.
After further discussion by the Council regarding the percentage
of floor space they should allow, Evans moved to instruct the City
Attorney to draft an Ordinance allowing 20% Adult Material. Having
no second, the motion died. Senjem moved, Canfield second to
instruct the City Attorney draft an Ordinance using the 25% floor
area for Adult Material. Ayes (5), Nays (1). Councilmember
Myhrom voting Nay..Councilmember McConnell abstained. Motion carried
C-1-4
& 10-17 Stobaugh moved, Senjem second to approve the Consent Agenda, items
C-1-4 and 10-17.as follows:
C-1 Approve the minutes of the January 18, 1995 meeting.
C-2 Approve the following licenses and bonds:
CIGARETTE - VENDING MACH - Clubhaus Brew Pub - 7 2nd St. S.W.
HEATING CONTRACTOR - Cool Air Mechanical, Inc. St. Paul
MASTER INSTALLER Charles Worms - St. Paul, Mn.
MASTER PLUMBER - John Hudson Plumbing , Roch.Mn.
RENEWAL -
Sewer and Drain Bessingpas Excavating
Cement Sidewalks Dobbs Construction, Inc.
C-3 Approve the Accounts Payable in the amout of $3,600,049.21. List
is on file in the City Clerk's Office.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
.4 4 1 4 Regular Meeting No. 20 - Feb. 6, 1995
Agenda
Item
C-4
C-10
C-11
C-12
C-13
C-14
C-5-9
Adopt Resolution No. 47-95 authorizing the City Clerk to advertise
for bids on two 1995 trucks with dump box and hydraulic system for t
Public Works Dept. Bids to be opened at 11:00 A.M. on Feb. 22,1995.
Approve the appointments of Christine Hobrough of 2922 Stonegate
Ct. S.W. to the Library Board. Term runs to Jan. 1998.
Approve the apointment of Michael Lee of 2518 59th St. N.W. to the
Housing Board of Appeals. Term runs to April 1, 1997.
Approve the following appointments to the Human Rights Commission:
Rev. Mark Woodward of 1835 19th Ave. N.W. Term expires - May 1, 1997
Deborah Buerkley of 1816 Fox Valley Dr.S.W. Term Exp. May 1, 1997
Lynwood C. Smith -1301 1st St. S.W. Apt. 101 Term Exp. May 1, 1996
Adopt Resolution No. 47A-95 setti ng a public hearing for March 6,
1995 on the proposed vacation of the Alley ROW dedicated in the
Plat of Belmont Adjacent to Lots 37 and 38. ( David and Susan Drips)
Adopt Resolutions No. 48-95 and 49-95 declaring the costs to be
assessed and ordering a public hearing for March 6, 1995 on
Project 6311-3-94 J 9305 - Watermain Ext. in llth Ave. S.W. from the
N. Line of LC Ind. Park to the proposed South Pointe Dev. Approx.
2500 Ft. N. and Watermain and San. Sewer Within.the First Phase
of South Pointe.
Adopt Resolutions No. 50-95 and 51-95 declaring the costs to be
assessed and ordering a public hearing for March 6, 1995 on
Project 9217, J 9266 - Construction of a Water Tower to serve the
High Level Dist. in the Rochester Airport area.
Adopt Resolution No. 52-95 adding Para 18.5 Sec. D Truck Loading
Zones as follows - Second St. N.W. on stall directly in front
of the premises known as 211 2nd St. N.W. " The Charter House".
Adopt Resolution No. 53-95 amending Sec. B No Parking Zones to read:
(98) 4th St. S.E. on the S. Side from 2nd Ave. S.E. to 13th Ave.
At all times
(99) 4th St. S.E. on the N. side from the W. bank of the Zumbro
River to 112 blk E of 6th Ave. and from loth Avenue S.E. to 14th Ave.
S.E. at all times.
(101) delete entirely.
Ayes (7), Nays (0).Motion Carried.
McConnell moved, Evans second to approve the following Consent
Agenda items.
Councilmember Myhrom wanted to know why the Council approves these
appointments when the Mayor is the head of the Police Dept.
Mayor Ha":ama stated that it serves as a "check and balance" when the
Council looks at and approves his choices. Civil. Service rules also
govern who is on top of the appointment 1ist.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Reqular Meetinq No. 20 - February 6. 1995 4415
Agenda
Item
C-5
C-7
:
Approve the appointment of
Police Officer cont. upon
background investigation,
Approve the appointment of
Police Officer contingent
P. Radtke.
Jeffrey P. Radtke to the position of
successful completion of an indepth
medical exam and psychological exam.
Kenneth B. Plummer to the position of
upon the items listed above for Jeffrey
Approve the appointment of Douglas E. Remling to the position of
Police Officer cont. upon the items listed for Jeffrey P. Radtke.
Approve the appointment of Robert D. Thies to the position of
Police Officer cont. upon the items listed above for Jeffrey P.
Radtke.
C-9 Approve the appointment of David K. Korngable to the position of
Police Officer cont. upon the items.listed for Jeffrey P. Radtke.
Ayes (7), Nays (0).Motion carried.
E-1 Evans moved, Stobaugh second to authorize the City staff to submit
a petition for supplementary review to the Environmental Quality
Board to apply biosolids to farmland within the township.
Richard Freese, Public Works Dir. stated that the MPCA is on our
side in this venture. Ayes (7), Nays (0).Motion carried.
E-2 McConnell moved,Evans second to approve the "Findings of Fact"
prepared by the City Attorney reversing the decision of the Zoning
Board of Appeals relating to the traffic visibility zone at the
alley in Blk 23, Northern Addition. Ayes (6), Nays (0). Council -
member Myhrom abstained. Motion carried.
E-3 Stobaugh mvoed, Senjem second to adopt Resolution No. 54-95
supporting the application of Technology Concepts, Inc. to the
Southeastern Mn. Initiative Fund for a loan of $100,000. Ayes (7),
Nays (0).Motion carried.
E-4 Stobaugh moved, Senjem second to adopt Resolution No. 55-95
supporting the application of Oh ! REALLY , Inc. to the South-
eastern Mn. Initiative Fund for a loan of $100,000. Ayes (7),
Nays (0).motion carried.
E-5 Adopt Resolution No. 55A-95 authorizing the City Clerk to advertise
for bids on The Government Center Skyway. Bids to be opened at 11:00
A.M. on March 23, 1995.
Canfield moved, Senjem second to approve the above action.
Ayes (6), Nays (1). Coucilmember Evans voted nay. Motion carried.
E-6 Senjem moved, Stobaugh second to adopt Resolution No. 56-95
approving the Government Center Skyway - Memorandum of Understanding
with Olmsted County. Ayes (6), Nays (1). Councilmember Evans voted
nay. Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
-4 4 1 s Regular Meeting No 20 - February 6, 1995
Agenda
Item
E-7
E-9
E-10
E-11
E-12
E-13
Canfield moved, Stobaugh second to approve the following Resolutions
as adopted by the Rochester Public Utility Board:
Resolution No. 57-95 approving a purchase order agreement with
Cannon Technologies, Inc. for load management terminals in the
amount of $74,400.00.
Resolution No. 58-95 approving a purchase order agreement with
Mechanical Dynamics and Analysis for SLP # 4 Turbine Generator Eng.
1995 in the amount of $38,000.00. Ayes (7), Nays (0).Motion carried.
Senjem moved, Evans second to adopt Resolution No. 59-95 approving
early Sun. serving hours of on -sale liquor for Colonial Lanes
for Jan. 22, 29, Feb. 26,March 12, April 2 and April 23, 1995.
Ayes (7), Nays (0).Motion carried.
Stobaugh moved, Canfield second to approve a temporary on -sale intox•
icating license for St. John's Catholic Church for a fundraiser
on Feb. 11, 1995. Ayes (7), Nays (0).Motion carried.
Senjem moved, Stobaugh second to adopt Resolution No. 60-95
approving and authorizing City staff to and in conjunction with
Springsted Public Financial Advisors to borrow up to $13,200,000 in
General Obligation Sales Tax Revenue Bonds in a manner to be
determined with Springsted advisors.- subject to final Council
approval. Ayes (7), Nays (0).Motion carried.
Stobaugh moved, Canfield second to adopt Resolution No. 61-95
authorizing the extension of the Cardtrol Fuel contract to
Greenway Cooperative for one additional year. Ayes (7), Nays (0).
Motion carried.
Senjem moved, Evans second to approve and instruct the City
Attorney to prepare an amendment of Sec. 85A.19 of the RCO
extending the curfew ordinance for an additional two year period.
Ayes (7), Nays (0).Motion carried.
Stobaugh moved, Evans second to adopt Resolutions 62-95,63-95,64-95
and 65-95 approving the following Transportation Enhancement Funding
Applications:
1996 Landscaping, Billboard Removal and Bicycle/Ped. Facilities
alg. Civic Center Dr. N.W.
1996 Completion of the Cascade Creek Bicycle Trail
1996 Phase III Funding for the Chicago and Great Western Depot RenovE
1998 Willow Creek Bicycle Trail.
Ayes (7), Nays (0).Motion carried.
tion.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 20 - February 6, 1995
COUNCIL
4417
L
Agenda
Item
E-14 Senjem moved, Stobaugh second to adopt Resolution No. 66-95
approving an agreement with McGhie and Betts, Inc. for engineering
services for the West Zumbro Addition replat, grading and drainage
plan. Ayes (7), Nays (0).Motion carried.
E-15 Canfield moved, Evans second to adopt Resolution No. 67-95 approving
the purchase of 1920 First St. N.W. from Michael and Kathie Ryan
in the amt. of $65,000.00. Ayes (7), Nays (0).Motion carried.
E-16 Senjem moved, Stobaugh second to approve the Findings of Fact
to approve the special assessment abatement petitions and referring
said petitions to the County Board for their consideration. The
areas considered were - Golden Hill, Tongen, Spicer Replat, Oak Hill
Toogood Plaza, Hilmers High View Acres, Kleist Replat. Ayes (7),
Nays (0).Motion carried.
E-17 McConnell moved, Stobaugh second to instruct the City Clerk to
schedule a public hearing for March 20, 1995 on the proposed
annexation by Ordinance Petition by Seneca Foods Corp. located
in the NW 1/4 of Sec. 13, Rochester Township. They are requesting
property to be annexed alg the 20th St. S.E.- 18.47 acres.in size.
Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Amending and Reenacting the Term "Adult'Bookstore" as i
appears in Sec. 60.200 of the RCO Relating to the Definition of
Adult Bookstore was given its first reading.
F-1 An Ordinance Rezoning property to R-2 Lots 1 thru 10, Blk 3 Park Homes
Sub. was given its first reading.
F-1 An Ordinance amending and'reenactingi Sec. 64.113 of the RCO
Relating to a Fifty Foot Wide Lot Frontage Alg any Street. This
was given its second reading. Evans moved, Senjem second to
adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning property to correct a legal desc. error in
Ord. 2910 concerning property located east of Valley High Dr. ,
west of IBM and east of the Douglas Trail was given its second
reading. McConnell moved, Stobaugh second to adopt the Ordinance
as read. Ayes (7), Nays (0).Motion carried.
G-1 Evans moved, Stobaugh second to remove the Wage Increase Guidelines/
Ranges - Wage and Salary Program from the table. Ayes (7), Nays (0).
Motion carried. McConnell moved, Evans second to set the wage
guidelines at 0-3%. Upon Roll call vote, Councilmembers
Canfield, Senjem, Stobaugh and President Hunziker voted nay.
Nays (4), Councilmembers Evans, McConnell and Myhrom voted aye.
Ayes (3), Motion did not carry.
After Council discussion, Senjem moved, to approve a wage guideline
at 0-4%. This died for lack of a second.
After further Council discussion Stobaugh moved, Canfield second to
set the wage guideline at 0-5%. Ayes (3), Nays (4) with Councilemmb rs
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4 4 8 Regular Meeting No. 20 - February 6, 1995
Agenda
Item
G-1
H-1
Canfield, Stobaugh and President Hunziker voting aye. and
Councilmembers Evans, McConnell, Myhrom and Senjem voting nay.
Motion did not carry.
After further discussion and encouragement from President Hunziker
to somehow resolve this, Senjem moved, Stobaugh second to set the
salary guidelines at 0-4.5%. Ayes (3), Nays (4), Councilmembers
Senjem , Stobaugh and President Hunziker voted aye. Councilmembers
Evans, McConnell, Myhrom and Canfield voting nay. Motion does not
carry .
Canfield then moved, Stobaugh second to set the wage guideline from
0-6%. Ayes (3), Nays (4) Councilmembers Evans, McConnell, Myhrom an
Senjem voting nay. Councilmembers Canfield, Stobaugh and President
Hunziker voted aye. Motion did not carry.
After considerable Council discussion, Canfield moved, Stobaugh
second to set the wage guidelines from 0-5%. Ayes (4), Nays (3),
Councilmembers Myhrom, McConnell and Evans voting nay. Councilmembe
Canfield, Senjem, Stobaugh and President Hunziker voting aye.
Ayes (4). Motion carried.
The item of requiring the City of Rochester to complete a study
on the Rochester Fire Dept. becoming a volunteer or part volunteer
Fire Dept. was discussed by the Council. At the urging of the
Rochester Chamber of Commerce to do such a study , Canfield moved,
Stobaugh second to do the study and have the study done by our
City Administration office staff. Any monies the administrator
would need over $500.00 would have to have Council approval.
After discussion, and after many amendments were offered, Canfield
withdrew his motion and the Council started over. Myhrom moved,
Evans second to dispose of this entire idea. Ayes (3), Nays (4).
Councilmembers Canfield, Senjem, Stobaugh and President Hunziker
voting nay. Motion did not carry. Canfield moved, Stobaugh second
to request the City Administrator fo conduct the study as recommende
by the Chamber of Commerce and he is to come back to the Coucnil
at the next Council meeting and suggest a budget and keep it low and
explain the parameters to the Council. Ayes (4), Nays (3).
Councilmembers Canfield , Senjem, Stobaugh and President Hunziker
voting aye. Councilmembers Evans, McConnell and Myhrom voting nay.
Motion carried. Councilmember Senjem stated that he hoped input fro
the Fire Chief will be included in the study.
Having no further business, Stobaugh moved, Canfield second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
y Clerk
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