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HomeMy WebLinkAbout03-04-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4618 Regular Meeting No. 5 - March 4. 1996 Agenda Item A-1 B-1 B-2 B-3 B-4 President Hunziker called the meeting to order at 7:00 P.M. with the following members being present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh. Absent: None. A Hearing on Low Income Housing Tax Credits. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 097-96 approving a Qualified Allocation Plan, awarding an additional five points to proposed housing projects in an existing Development District, and approving the form of Procedural Manual and Monitoring Manual for Low Income Housing Tax Credits. Ayes (7), Nays (0). Motion carried. A Hearing on the Annexation by Ordinance Petition #96-1 by Menard, Incorporated to annex 1.78 acres of land north of T.H. 52, east of T.H. 63, in part of the SW 1/4, Section 13 and NW 1/4, Section 24, Rochester Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to instruct the City Attorney to prepare an ordinance for adoption on the annexation. Ayes (7), Nays (0). Motion carried. A Hearing on the Vacation Petition #96-1 by Menard, Incorporated to vacate a portion of right-of-way and a utility and drainage easement on the property. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution 098-96 vacating the right-of-way as petitioned with two conditions: (1) the resolution not be recorded until such time that Rochester Township has formally accepted a roadway easement or dedication for the new roadway alignment upon the property located in Rochester Township, and (2) the petitioner must provide the necessary easements in conjunction with the location of utilities and drainage facilities upon the property as part of the development. Councilmember Senjem stated that we are appreciative as a city that Menard is expanding their operation in Rochester. Mary Prochaska, vice-president of real estate for Menard, stated that they were happy to be in Rochester. Ayes (7), Nays (0). Motion carried. A Hearing on Final Plat #96-5 to be known as Edenborough Estates Common Interest Community Number 133 Third Supplemental CIC Plat.. 1 Wishing to speak was Bill Tointon, McGhie & Betts, representing Dakota of Rochester and was available to answer any questions. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4619 Regular Meeting No. 5 - March 4, 1996 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Evans seconded, to adopt Resolution 099- 96 approving Final Plat #96-5 to be known as Edenborough Estates Common Interest Community Number 133 Third Supplemental CIC Plat. Ayes (7), Nays (0). Motion carried. B-5 IA Hearing on Charter Amendment allowing the assessment on delinquent electricity charges. Wishing to speak was Mary Tompkins, Rochester Public Utilities. Ms. Tompkins wanted to clarify the intent of the ordinance; i.e., delinquent electric charges by a tenant would not be assessed a landlord only in the case where the landlord authorized the service or assumed the responsibility. Liens placed on property would work in the same way that the City assesses overdue charges for snow, weeds, tree and debris removal. Wishing to be heard was Larry Dwyer, President, Apartment Association. Mr. Dwyer noted that over the past year, landlords have had undue duress placed on them with the recent ordinances put into effect and that this charter amendment might add to the situation. He proposed that RPU contact landlords, as the telephone and cable companies do, and verify the tenants. Wishing to be heard was David Bush, 412 18th Street S.E., wanted to ask the Council a philosophical question: If the City Utility has the right to collect taxes, why can't a private entrepreneur use the same process (lien) to collect outstanding bills. Wishing to be heard, was Don Ryan, 2925 Seventh Avenue N.W. Mr. Ryan was concerned about making property owners responsible for the debts incurred by tenants. (Mr. Ryan had not heard the earlier clarification but was satisifed after understanding the intent.) Wishing to be heard was Gwen Mangler, 219 15th Avenue S.W., Ms. Mangler is not in favor of the charter amendment, as a property manager. She believes that it may set precedent for other municipal services. She also wondered what happens when you have two tenants on a lease and one fails to pay their pro- rate share. Wishing to speak was Mark Halbakken, 2527 15th Street S.E., who was concerned in the 25% of delinquent bills over the past year. He stated that it either meant that people are having a hard time making ends meet or we are bringing the wrong type of people to Rochester. Wishing to speak was Tom Canan, Assistant City Attorney, noting again that the landlords are not being held responsible for the delinquent actions of their tenants. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4620 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 Agenda Item C-1 - C-8 C-2 Wishing to speak was Norm Nelson, 5618 56th Avenue N.W. He wondered if he was RPU could he buy a bad debt from Visa, Mastercard, etc. and then collect under the charter amendment proposed. Wishing to speak was Alfred Anderson, 622 Tudor Court S.W., Mr. Anderson wanted to know if the landlord was not being blackmailed in an instance where it's cold and pipes will freeze if the heat is not left on but the tenant has not paid the utility bill; therefore, RPU calls the landlord and asks them if they want to contract for the service. Wishing to speak was Mary Tompkins, RPU, stating that they do have the right to turn off the heat in the winter but contact the owner and ask if they want the service put in their name but they are not assuming the responsibility of the delinquent account from the tenant. Having no one further wishing to speak, President Hunziker closed the hearing. Terry Adkins, City Attorney, stated that there was no motion needed at this time but later in the meeting, during the "F" items, the Council will need to vote. A Hearing on Project No. 6204-2-95 (J-2244) Reconstruction and Widening of 4th Street S.E. from 11th Avenue S.E. to 19th Avenue S.E. Wishing to be heard was Jay Weichselbaum, 1412 Fourth Street S.E.. He stated that he understood the need for widening of the street because of the traffic generated and also the decisions on the use of the streets; however, he does not feel that the homeowners have been treated fairly. He offered the following solutions: (1) compensate the homeowners because of the impact on property values, (2) reconsider and see if there is a better way for the purchase of easements, (3) waive the assessments for the watermain, (4) enhance or improve the services to the neighborhood; i.e., speed control, street cleaning, snow removal, etc. Discussion. Councilmembers discussed the four -foot boulevard, the 21'-24' setback from the houses, the noise levels that will be experienced, and where to put the snow when the boulevard is full. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 100-96 ordering Project No.6204-2-95 (J-2244) to be made. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Senjem seconded, to adopt resolutions approving the following consent items: Approval of the following licenses and bonds: Gambling - Temporary Raffle Celebration of a City DBA Rochesterfest at John Marshall Football Field on June 23, 1996 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 4621 Agenda Item Heating Contractor David G. Grandbois DBA Dave's Refrigeration & Air Conditioning Service, Rochester Master Installer David G. Grandbois, Rochester Master Plumber Phil Sheldon Plumbing & Heating, Spring Valley Miscellaneous Street Use March of Dimes - Walk America - April 27, 1996 Off -Sale Liquor - Renewal Andy's Crossroads Liquor, Inc. Super Valu Holdings, Inc. DBA Bear Creek Liquor P.G.J., DBA Buckeye Liquor Deluxe Liquor of Northbrook, Inc. B & F Leasing DBA Apollo Liquor Shirley Keehn DBA Hillcrest Liquor Joe's Liquor, Inc. Kahler Corporation DBA Kahler Liquors MGM Wine & Spirits, Inc. DBA MGM Liquor Warehouse Peter H. McHardy DBA Plaza Liquor Wal-Mart Stores, Inc. DBA Sam's Club #6427 Larry Wood DBA Woody's Liquors Weber & Barlow Stores, Inc. DBA Vineyard Fine Wines & Spirits, Inc. Club On -Sale Liquor - Renewal AFL-CIO Labor Club Bar Wm. T. McCoy Post #92 American Legion Rochester Elks Lodge #1091 Fraternal Order of Eagles #2228 Columbus Building Association DBA Knights of Columbus Loyal Order of Moose Lodge #2128 Rochester Golf & Country Club Whitlock Sonnenberg VFW Post #1215 Wine Licenses - Renewal Vicsorp Restaurants, Inc. DBA Baker's Square Karla Sperry DBA Bilotti's Italian Restaurant Honker Enterprises DBA Canadian Honker Restaurant Chardonnay LTD China Dynasty Guo Zhen Fen DBA China Garden Daube's Bakery & German Restaurant Denny's, Inc. DBA Denny's Restaurant #1368 Carmike Cinemas, Inc. DBA Galleria Six Theatre Ngho B. Sam & Cau Dang DBA Great China Restaurant IF 4622 Agenda Item t RECORD fOF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 Great Hunan Restaurant, Inc. Jimmy John Corporation DBA Jimmy's Restaurant John Cokinos DBA John's Family Restaurant On -Sale Intoxicating Liquor - Renewal Apple American Lmtd. Partnership DBA Applebee's Neighborhood Grill & Bar Lorraine Corporation DBA Aviary Restaurant Equity Hotel Corporation DBA Splash Lounge/Baihley's Pub Creative Cuisine, Inc. DBA Broadstreet Cafe & Bar/Red Room Brothers Bar &Grill, Inc. Bainter, Inc. DBA C.J.'s Midtown Lounge Kahler Corporation DBA Clinic View Inn & Suites Hondo Brewing Company DBA Clubhaus Brew Pub Colonial Lanes DBA Brass Lantern Charles Brannon DBA Crown Restaurant & Lounge Jorge Solis DBA Fiesta Mexicana Restaurant Pa Ro Enterprises, Inc. DBA First Class Restaurant CMZ, Inc. DBA Henry Wellington's/Newt's Kahler Corporation DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Anthony Dahn DBA Hunan Chinese Restaurant Chen -Hsi Wang DBA Hunan Garden Restaurant Wong's Westside DBA J.J.'s Restaurant Kahler Corporation DBA Kahler Hospitality Services Kahler Corporation DBA Kahler Hotel Kahler Corporation DBA Kahler Plaza Hotel King's Crossing Bar & Grill Co., Inc. GPK, Inc. DBA Kathy's Pub Dooley's, Inc. DBA McMurphy's Sports Cafe/Aquaris Club Michael's Supper Club DBA Michaels Restaurant LTB, Inc. DBA Mugzees C.J.C. Enterprises, Inc. DBA North Star Bar BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. General Mills Restaurants DBA Red Lobster #439 Hinck Lounge, Inc. RochesCheer Pub & Grill R.H. Hospitality, Inc. DBA Ramada Inn ROCL, Inc. DBA Rookies Sports Grill & Bar Shenanigan's, Inc. DBA Shenanigan's Cattle Company, Inc. DBA Sir John Barley Come Great Western Fair, Inc. DBA Smiling Moose Restech Partners, Inc. DBA TGI Fridays Mississippi National Golf Links, Inc. DBA Willow Creek Golf Course of Rochester, Inc. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MIN NESOTA . Regular Meeting No. 5 - March 4, 1996 4623 Agenda Item Sunday On -Sale Intoxicating Liquor - Renewal American Legion Post #92 Apple American Lmtd. Partnership DBA Applebee's Neighborhood Grill & Bar Lorraine Corporation DBA Aviary Restaurant Equity Hotel Corporation DBA Splash Lounge/Baihley's Pub Creative Cruisine, Inc. DBA Broadstreet Cafe & Bar/Red Room Brothers Bar & Grill, Inc. Bainter, Inc. DBA C.J.'s Midtown Lounge Kahler Corporation DBA Clinic View Inn & Suites Hondo Breewing Company DBA Clubhaus Brew Pub Colonial Lanes DBA Brass Lantern Charles Brannon DBA Crown Restaurant & Lounge Jorge Solis DBA Fiesta Mexicana Restaurant Pa Ro Enterprises, Inc. DBA First Class Restaurant Fraternal Order of Eagles #2228 CMZ, Inc. DBA Henry Wellington's/Newt's Kahler Corporation DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday Inn South Anthony Dahn DBA Hunan Chinese Restaurant Chen -Hsi Wang DBA Hunan Garden Restaurant Wong's Westside DBA J.J.'s Restaurant Kahler Corporation DBA Kahler Hospitality Services Kahler Corporation DBA Kahler Hotel Kahler Corporation DBA Kahler Plaza Hotel GPK, Inc. DBA Kathy's Pub King's Crossing Bar & Grill Co., Inc. Knights of Columbus Dooley's, Inc. DBA McMurphy's Sports Cafe/Aquaris Club Loyal Order of Moose Lodge #2128 LTB, Inc. DBA Mugzees C.J.C. Enterprises, Inc. DBA North Star Bar BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. General Mills Restaurants DBA Red Lobster #439 Hinck Lounge, Inc. RochesCheer Pub & Grill R.H. Hospitality, Inc. DBA Ramada Inn Rochester Golf & Country Club ROCL, Inc. DBA Rookies Sports Grill & Bar Shenanigan's, Inc. DBA Shenanigan's Cattle Company, Inc. DBA Sir John Barley Come Great Western Fair, Inc. DBA Smiling Moose Restech Partners, Inc. DBA TGI Fridays V.F.W. Post #1215 Mississippi National Golf Links, Inc. DBA Willow Creek Golf Course of Rochester, Inc. 4624 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 Agenda Item C-3 C-5 C-6 C-7 C-8 C-1 C-4 D-1 Approval of Accounts Payable in the amount of $995,932.89. Adopt Resolution No. 101-96 authorizing the City Clerk to advertise for Fuel at the Pump proposals to be opened on March 28, 1996. Adopt Resolution No. 102-96 authorizing the City Clerk to advertise for tankwagon fuel proposals to be opened on March 26, 1996. Adopt Resolution No. 103-96 authorizing the City Clerk to advertise for bids for Project No. 8215-20-96 (J-2594) "1996 Structural Restoration of 2nd Street Ramp" to be opened on April 4, 1996. Adopt Resolution No. 104-96 authorizing the Mayor and City Clerk to sign Supplemental Agreement No. 2 for Project 9409 (J-4889) "Mayo Pond Corridor Improvements/Pond EP-16" in the amount of $11,845.00. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked that the February 21, 1996 minutes be amended to read as follows: E-14 - 2nd paragraph - Councilmember Senjem objected to a 10.1 percent increase, not a 9.75 percent as previously wriitten. E-15 - 1st paragraph - Councilmember Senjem felt that a 3 percent raise on _a 0 - 4 percent performance scale was not demeaning rather than that raises should only be 3 percent as previously written. Councilmember McConnell moved, Evans seconded, to approve the minutes of the February 5, 1996 and February 21, 1996 meetings. Ayes (7), Nays (0). Motion carried. Councilmember Senjem asked if procedures and standards for paying claims were ever established in the past. Dale Martinson, Finance Director, stated that this will bring our current practices into authorized procedures. It is the intent to still bring all claims to the Council but some may have to be done subsequent to actually paying the bills. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 105-96 authorizing the City Finance Director to pay certain claims pursuant to Minnesota Statutes 471.271 subdivision 8 and the standards and procedures established by the Council. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Norm Nelson, 5618 56th Avenue N.W., a member of the local United We Stand America. Mr. Nelson stated that he had an award for Councilmembers for approving an increase in non-exempt City employee salaries 3 to 4 percent. He then presented each of the council members with a "Tax - Payer Ripoff Award". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 4625 Agenda Item E-1 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 106-96 approving a purchase order agreement for Rochester Public Utilities for a Bell and Howell mail inserter in the amount of $87,000.00. Ayes (7), Nays (0). ,Motion carried. E-2 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 107-96 directing the City Clerk to set a public hearing for April 1, 1996 to consider the proposed amendment to the City Charter for the filling of vacancies in elected offices by special election. Ayes (7), Nays (0). Motion carried. E-3 Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No. 108-96 authorizing the issuance of business credit cards. Ayes (7), Nays (0). Motion carried. E-4 'Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 109- 96 accepting the Traffic Impact Report for the St. Mary's Parking Ramp. Discussion. Councilmember Marcoux stated that people living in the area are concerned about the intersection of Sixth Street and 14th Avenue being a school crossing ;and the level of traffic through that intersection. She felt that it was an area that should be watched closely in the future. Ayes (7), Nays (0). Councilmembers Senjem and Stobaugh noted their affiliation with the Mayo Clinic. Motion carried. E-5 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 110-96 authorizing the acquisition a right-of-way easement in the amount of $2,000.00 for Ed's Attic property in reference to Project No. 6205-4-94 - Civic Center Drive . Ayes (7), Nays (0). Motion carried. E'6 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 111-96 designating 16th Avenue N.W. 91VISAS 112) from Civic Center Drive N.W. to 7th Street N.W. as a Municipal State Aid Street subject to the approval of the Commissioner of Transportation. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Evans moved, .Hruska seconded, to adopt Resolution No. 112- 96 authorizing staff to prepare a contribution agreement with Weber & Barlow, Incorporated for Project No. J-2239 with the recommended stipulations and authorizing the Mayor and City Clerk to sign such agreement. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 113-96 levying the proposed assessments for Project No. J-9224 "Pine Ridge Estates First and Second Subdivision". Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4626 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 114-96 awarding the contract to Floyd Larson Construction Company for Project No. J-25904 "2nd Street Ramp N.W. Stair Tower" in the amount of $61,000.00 with alternate (deduct) of $1,305.00. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 115- 96 to H & H Electric, Incorporated in the amount of $16,933.00 for Project 9553 (J-6321) "Modify Traffic Signal at Elton Hills Drive and West River Parkway". Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 116-96 making the following changes in Section I "Metered Parking" of the Comprehensive Traffic and Parking Resolution Book: (Senior Citizens Center) Zone G - 3 Hour Limit - add (1) First Avenue N.W., on both sides, from Second Street N.W. to Third Street N.W. (2) Second Avenue S.W., on the West side, from Second Street S.W. to Fourth Street S.W. (3) Second Street S.W., on both sides, from Second Avenue S.W. to Fourth Avenue S.W. (4) Third Avenue S.W., on both sides, from First Street S.W. to Fourth Street S.W. (5) Third Street S.E., on both sides, from Fourth Avenue S.W. to Fifth Avenue S.W. (6) Fourth Avenue S.W., on both sides, from First Street to Fourth Street Zone J - Ten (10) hour meters - delete (5) First Avenue N.W., on both sides, from Second Street N.W. to Third Street N.W. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 117-96 amending Paragraph (235) of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (235) Twenty Eight (28) Avenue N.W. on the west side from Fifty Fifth (55) Street N.W. to Sixty Fifth (65) Street N.W. from 6:00 P.M. until 7:00 A.M., December 1 to April 1. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 118-96 approving the Title VI Civic Rights/Disadvantaged Business Enterprises external complaint process dated 2/28/96. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, .to approve the amended Program of Projects for Federal Transit Assistance. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - March 4, 1996 4627 Agenda Item F-2 An Ordinance annexing to the City of Rochester approximately 1.78 acres of land located in the Southwest Quarter of the Southwest Quarter of Section 13 and the Northwest Quarter of the Northwest Quarter of Section 24, Township 106 North, Range 14 West, Olmsted County, Minnesota was given its first reading. Councilmembers Marcoux moved, McConnell seconded, to suspend the rules and give the ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given its second reading. Councilmembers Senjem moved, Evans seconded, to adopt the Ordinance as read. Qyes (7), Nays (0). Motion carried. (Menards) F-2 An Ordinance on Charter Amendment allowing the assessment on delinquent electricity charges. Councilmembers Evans moved, Stobaugh seconded, to instruct the City Attorney to prepare an ordinance and give it a first reading. Discussion. Councilmember Senjem expressed that Mary Tompkins and others at RPU meet with the people directly affected by this ordinance (landlords, owners) within the next month. Councilmembers Senjem moved, McConnell seconded, to table the proposal on the charter amendment for one month for purposes of working out the issues. Ayes (6), Nays (1). Councilmember Evans voted nay. Motion carried. F-3 An Ordinance annexing to the City of Rochester approximately 22.08 acres of land located in the South Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a second reading. (land located South and West of East Circle Drive - Bomgaars) Councilmembers Senjem moved, Mcconnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. H-1 Councilmembers Stobaugh moved, Evans seconded, to give Stevan Kvenvold, City Administrator, a 2 percent increase based on the performance evaluation of the Council. President Hunziker remarked that the Council was extremely pleased with Mr. Kvenvold's performance over the past year and also taking into account that three major projects in the downtown area have been accomplished this past year. Ayes (6), Nays (1). Councilmember McConnell voted nay. Having no further business, Councilmembers Senjem moved, Marcoux seconded, to adourn the meeting. Ayes (7), Nays (0). Motion carried. Acting dity Clerk