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Home My WebLink About04-01-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 4641 1 Agenda Item A-1 FAN B-2 President Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Hruska, Marcoux, McConnell, Senjem. Absent: Councilmembers Evans and Stobaugh. A Hearing on the Charter Amendment Providing for Special Elections to Fill Vacancies in Elected Offices Wishing to speak was James Engh, a member of the Charter Commission, informing the Council that several members of the Commission were present to answer any questions they might have. Wishing to speak was Gail Baker, 1412 Berkman Court S.E. Ms. Baker explained that the Commission tried to allow for flexibility by the Council on the issue of vacancies; i.e., a special election would have to be called by the Common Council rather than being automatic; Council discretion to establish powers by seniority or other measures as they may deem appropriate. The order of succession would be established at each annual meeting to avoid confusion during the year. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to direct the City Attorney to prepare an ordinance for adoption amending the Charter to include the recommended amendments. Ayes (5), Nays (0). Motion carried. President Hunziker thanked the Charter Commission members for the long hours they had put in on this issue. A Hearing on the Land Use Plan Amendment #96-1 and Zone Change Request #96-3 by Randy Reynolds and Jerry Schultz on 21.25 acres at the SW corner of 48th Street S.W. and T.H. 63 Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 157-96 approving Land Use Plan Amendment #96-1 by Randy Reynolds and Jerry Schultz and instruct the City Attorney to prepare an ordinance for adoption on Zone Change Request #96-3 with the criteria listed in the Zoning Ordinance. Ayes (5), Nays (0). Motion carried. B-3 A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-6 to be known as Golfview Estates Second Subdivision. Having no one present wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - - - CITY OF ROCHESTER, MINNESOTA .4642 Regular Meeting No. 8 - April 1, 1996 Agenda Item B-4 B-5 C-1- C-8 C-1 C-2 Councilmembers Senjem moved, Hruska seconded, to approve Land Subdivision Permit #96-6 with the five conditions recommended by the Planning Commission. Ayes (5), Nays (0). Motion carried. Type III, Phase II Zoning Ordinance Text Amendment to Amend the Provisions of Paragraph 62.278(7) Regarding RV Parking on Residential Properties. Having no one present wishing to speak, President Hunziker closed the hearing. Councilmembers McConnell moved, Hruska seconded, to instruct the City Attorney to prepare an ordinance for adoption on the Amendment to Paragraph 62.278(7) of the Zoning Ordinance regarding RV Parking. Discussion. Jane Kansier, Planning Department, assured Councilmembers that concerns about RV parking for loading or unloading would be handled on a discretionary basis; reasonable time spans and other considerations would be considered in enforcing regulations. Ayes (5), Nays (0). Motion carried. A Hearing on the Amendment to Planned Unit Development R-96 (Hampton Rhodes). Wishing to speak was Jeff Thelen, 2607 24th Street N.W. Mr. Thelen noted that the developer has worked with the neighbors and has tried to please them; i.e., the walkway to the park and the decrease in three and four unit buildings to two unit buildings. Wishing to be heard was Dale Allen, Yaggy-Colby, representing the developer. Mr. Allen stated that they saw no problem with meeting the walkway connections to both the east and west side of 26th Avenue N.W. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 158-96 approving Amendment to PUD R-96 (Hampton Rhodes) with the seven conditions recommended by the Planning Commission. Ayes (5), Nays (0). Motion carried. Councilmembers McConnell moved, Hruska seconded, to approve the following Consent Agenda items: Approve the minutes of the March 18th and March 25th, 1996 Council meetings. Adopt Resolution No. 159-96 approving the Joint Powers Agreement with numerous cities and counties in South Central and Southeast Minnesota concerning the creation of the Southeast Minnesota Narcotics Task Force. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 4643 1 Agenda Item C-3 I Approve the following Licenses, Bonds and Miscellaneous Activities. Sign Installer Graphic House, Incorporated, Wausau, Wisconsin Miscellaneous Activities Rochester Track Club - Road Running Race, Essex Park, May 18, 1996 Sidewalks, Curbs & Gutters. Driveways Gerald Schaefer DBA Schaefer Concrete Company Off -Sale Non -Intoxicating Malt Liquor China Garden Club 63, Inc. Econofoods, Inc. #480 Fajita LaCasa Hy-Vee Food Store #1 Mr. Pizza Hy-Vee Food Store #2 Oriental Food Sunny Market 19th Hole at Soldiers Field Mr. D's Family Market - Hillcrest Shopping Center Mr. D's Family Market - Silver Lake Center Rainbow Foods, Inc. - Crossroads On -Sale Non -Intoxicating Malt Liquor Bilotti's Italian Restaurant Canadian Honker Restaurant Chardonnay, LTD China Dynasty China Garden Club 63, Inc. Club House Diner - Northern Hills Golf Course Cozzoli's Pizza Denny's Restaurant Daube's Bakery & German Restaurant Lorraine Corporation - Eastwood Golf Course Fajita LaCasa Galleria Six Theaters Godfather's Pizza Great China Restaurant Great Magic Wok Jimmy's Restaurant John Hardy's Bar-B-Que - West Frontage Road John Hardy's Bar-B-Que - South Broadway John's Family Restaurant Legend's Restaurant Mac's Restaurant Mr. Pizza, Inc. Pizza Huts #426015 Pizza Huts #426016 Pla-Mor Ballroom Rochester Softball Assoc. Shakey's Pizza Buffet Two Worlds Restaurant JADCO L.L.C. DBA Valentino's Wong's Cafe GWB Enterprises, Inc. - Waldo's Pizza MES Corporation - Waldo's Pizza 19th Hole at Soldiers Field Wright Stuff Food & Drink Zorbas of Rochester Bowling Centers Colonial Lanes/Brass Lantern Recreation Lanes, Inc. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4644 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 Agenda Item Annual Dance Baihly's Pub/Splash Lounge, Inc C.J.'s Midtown Lounge Clinic View Inn & Suites Elks Lodge #1091 First Class Restaurant Frat. Order of Eagles #2228 Holiday Inn Downtown Holiday Inn South Kahler Hospitality Services Kahler Hotel Kahler Plaza Hotel Kathy's Pub Knights of Columbus North Star Bar McMurphy's Sports Cafe/Aquarius Club Pla-Mor Ballroom Radisson Hotel Centerplace Ramada Inn Rochescheer Pub & Grill Rochester Golf & Country Club VFW Post #1215 Shenanigan's, Inc. DBA Shenanigan's Willow Creek Golf Course Ciaarettes - Vendina Machine AFL-CIO Labor Club Bar Baihley's Pub/Splash Lounge Bilotti's Italian Restaurant Brothers Bar & Grill C.J. Midtown Lounge (2) Circus World Bingo 'Civic Inn Clubhhaus Brew Pub Comfort Inn Crown Restaurant & Lounge Elks Lodge #1091 Frat. Order of Eagles #2228 Greenhouse Restaurant Henry Wellington's/Newt's Holiday Inn Downtown J.J.'s Restaurant John Barley Come Restaurant Kahler Liquor Kathy's Pub Kings Crossing Bar & Grill McMurphy's Sports Cafe/Aquarius Club Michaels Restaurant Mugzee's North Star Bar Plaza Liquor Radisson Hotel Rookies Sports Grill & Bar Rochester Golf & Country Club Shenanigan's, Inc. Smiling Moose Soldiers Field Motel Universal Ford - Toyota Co VFW Post #1215 Ciaarettes - Over the Counter Am -PM Foods (2) American Legion Post #92 Amoco East Andy's Crossroads Liquor Apache Standard Apollo Conoco Apollo Liquor & Smoke Shop Asian Food Store Applebee's Neighborhood Grill & Bar Aviary Restaurant Bait Box Barlow Foods Bear Creek Liquors Buckeye Liquor Casey's General Store #1767 Chinese Market Club 63, Inc. Colonial Lanes/Brass Lantern Conoco #23028 Conoco #23035 Conoco #23317 Cub Foods Gas Station Cub Foods Grocery Store Deluxe Liquor of Northbrook, Inc. Eagle Drub of Rochester Econofoods, Inc. #480 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 4645 1 Agenda Item C-4 C-5 C-6 C-7 Elton Hills Amoco Golden Hill Amoco Groceries Plus Hillcrest Liquor, Inc. Hobbies & Games Club Holiday Station Stores, Inc. Hy-Vee Food Store #2 International Spices & Grocery Just Rite Foods, Inc. Kahler Hotel Khongichareun Asian Foods Lao Food Store MGM Liquor Warehouse Moose Lodge #2128 Mr. D's Family Markets (2) Oriental Food Pump N Munch (2) Rochester Amoco Food Shop Ruffalo Drug Northgate Saigon -Far East Oriental Market Shopko Properties South #035 Sinclair Retail Store #22013 Sky Shop Snyder's Drug Store #11 Soldiers Field Towers & Suites Superamerica #4300 Superamerica #4303 Superamerica, Inc. #442 TGI Fridays Vinyard Fine Wines & Spirits, Inc. Virgil's, Inc. Weber & Judd Company, Inc. (2) Woody's Liquor ETC Gift Shop . Greenway Coop Services (4) Happy Dan's Stores, Inc. (2) Hillcrest Oil Company Holiday Inn South Hy-Vee Food Store #1 Jim's Amoco Joe's Liquor K-Mart #4351 Kahler Plaza Hotel Kwik Trip, Inc. Look Nook Moody's Texaco & Towing New Leaf Olmsted County Free Fair Petrol Pumper Truckstop Rainbow Foods, Inc. (2) Ruffalo Drug Eastwood Sam's Club #6427 Shopko Properties North #036 Sinclair Retail Store #22010 Sinclair Retail Store #22043 Snyder's Drug Store #23 Sunny Market Superamerica #4254 Superamerica #4302 Superamerica #4367 Target Store #170 Tilson Auto Repair Wal-Mart Stores, Inc. Willow Creek Golf Course Approve the name change for On -Sale Non -Intoxicating Malt Liquor from Plaza Partners MN DBA Waldo's Pizza to GWB Enterprises, Incorporated DBA Waldo Pizza, 1726 37th Street N.W. Approve Accounts Payable in the amount of $885,063.05. Approve the appointment of John B. Wallace to the position of Captain in the Rochester Fire Department effective April 9, 1996. Adopt Resolution No. 160-96 authorizing the City Clerk to advertise for bids for Project No. 6200-E-95 (J-6376) "Reconstruct Intersection of East Center Street and 19th Avenue S.E.". Ayes (5), Nays (0). Motion carried RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4646 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 Agenda Item C-8 D-1 E-1 E-2 Adopt Resolution No. 161-96 entering into an assessment agreement with Willmar Investments, LLC for the property identified as Lot 8, Block 2, Airport Industrial Park for the Project No. J-9266 "Airport Water Tower" and Project J- 9305 "Watermain on 11th Avenue S.W." and Resolution No. 162-96 assessing the property named. Ayes (5), Nays (0). Motion carried. Wishing to be heard was Lorenz Prigge, 1414 Ninth Street N.E.. Mr. Prigge was concerned about the possible use of tax dollars to install computers and internet connections in the homes of Councilmembers. He did not like the idea of the taxpayers furnishing equipment that would also be used by the councilmembers and/or their families. Councilmembers Hruska moved, Senjem seconded, to rescind action taken at the February 21 st, 1996 meeting amending the zoning ordinance relating to the adoption of "stays" on proposals. Ayes (5), Nays (0). Motion carried. President Hunziker asked Mr. Robert DeWitt, 2726 17th Avenue N.W., to speak on the adoption of a moratorium on the Cascade Lake Area subdivision and development request. Mr. DeWitz felt that the moratorium was unnecessary because it is not a public lake involved and only serves to tie his land up for the next year or two. He stated that his land was the only one affected because he has the area filled and is ready to develop; he has already submitted a plat within the past two weeks. He felt that if an easement was wanted, the staff should have informed him and talked with him about it. Staff felt that the area needed a master general development plan with the input of all landowners. The Park Department has already started reviewing the information it has received. The moratorium ordinance would allow the Planning Commission to call for a public hearing to receive the input needed. Gary Neumann, Assistant City Administrator, explained that if the time drags on, the Council can rescind the moratorium. Councilmember McConnell stated that he might be in favor of a moratorium of six months or less but anything else would hold up development. Councilmember McConnell moved to proceed with only a six months moratorium ordinance. President Hunziker indicated that the motion was out of order because the matter needed to be referred to the Planning Commission for a public hearing. Councilmember Marcoux moved to initiate the process for a moratorium ordinance for the Cascade Lake area by referring the matter to the Planning Commission for a public hearing. The motion failed for lack of second. �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 After further discussion, Councilmembers Hruska moved, Marcoux seconded, to initiate the moratorium ordinance for the Cascade Lake area by referring the matter to the Planning Commission for a public hearing. It is the intent of this motion that the Zoning Administrator schedule a public hearing before the Planning and Zoning Commission pursuant to Section 60.532(2) of the Rochester Code of Ordinances to consider this proposed amendment to the zoning ordinance. Ayes (4), Nays (1). Motion carried. Councilmember McConnell voted nay. E-3 ICouncilmembers McConnell moved, Hruska seconded, to adopt the following resolutions for the Public Utility Department: Resolution No. 163-96 approving a purchase order agreement with AEG Electric Power Systems for 2 - 161 kv Gas Circuit Breakers in an amount not to exceed $111,720.00. Resolution No. 164-96 approving an invoice from the Minnesota Pollution Control Agency for the 1996 Emission Fee for the Silver Lake Plant in the amount of $63,355,25, Ayes (5), Nays (0). Motion carried. E-4 Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 165-96 appointing Judy K. Scherr as the Responsible Authority for the City of Rochester for the purpose of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. Ayes (5), Nays (0). Motion carried. E-5 Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 166- 96 authorizing transfer of contingency funds in the amount of $216,085.52. Ayes (5), Nays (0). Motion carried. E-6 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 167-96 authorizing staff to acquire a parcel of tax forfeited land in the Oak Rest Replat for the sum of $900.00. Ayes (5), Nays (0). Motion carried. E-7 Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 168- ' 96 executing a listing agreement with Burnet Realty for Lots 3, 4, 5, and 6 of the Elton Hills Business Park. Ayes (5), Nays (0). Motion carried. E-8 Councilmembers Hruska moved, McConnell seconded, to adopt Resolution No. 169-96 approving the acquisition of 10 feet of temporary construction easement for the reconstruction of the sidewalk and a part of the driveway on 4th Street S.E. from Mr. Weichselbaum for the sum of $600.00 for Project No. J-2244. Ayes (5), Nays (0). Motion carried. E-9 Councilmembers Marcoux moved, McConnell seconded, to adopt Resolution No. 170-96 authorizing staff to establish just compensation for land rights to be acquired for a bike trail along Cascade Creek Corridor at the appraised value oV RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .4(948 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 Agenda Item E-10 E-11 E-12 F-1 F-1 F-1 G-1 and complete acquisition of land without further Council action for Project No. J- 2249 Cascade Creek Bike Trail. Discussion. Councilmember McConnell asked if monies could be used from Flood Control since the area is a part of the flood control project. Gary Neumann felt that this could be possible and would look into the matter. Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 171- 96 adopting the feasibility report and ordering a public hearing to be held on May 6, 1996 for Project No. 6205-4-96A (J-2239) "Replacement of Watermain in Conjunction with the Reconstruction of Civic Center Drive and 11th Avenue N.W., State Aid Project 159-114-10". Ayes (5), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to appoint Eileen Schneider as Acting Deputy City Clerk effective April 1, 1996. The appointment shall be until such time as the Council makes a determination on the position of the City Clerk. Ayes (5), Nays (0). Motion carried. Councilmembers Marcoux moved, Hruska seconded, to adopt Resolution No. 172-96 approving the bid of Progressive Building Movers, Incorporated in the amount of $48,000.00 for the relocation of the Great Western Depot. The contract with Progressive Building Movers, Incorporated is subject to the receipt of acceptable bids for the restoration of the Depot. Ayes (5), Nays (0). Motion carried. President Hunziker recognized Matt Rueter, 4912 Third Street N.W., and Ryan Johnson, 3534 Sixth Place N.W., with Boy Scout Troop 99 of Harriet Bishop, present in the audience. An Ordinance Creating Section 3.001, Amending Sections 3.06 and 4.05, and Repealing Sections 3.10 and 4.04, of the Home Rule Charter of the City of Rochester, Relating to the Filling of Vacancies in Elected Offices; Succession In was given a first reading. An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota rezoning property to B-4 was given a first reading. (Reynolds & Schultz property on 21.25 acres at SW corner of 48th Street SW and T.H. 63) An Ordinance Amending and Reenacting Subsection 7 of Section 62.278 of the Rochester Code of Ordinances, Relating to Recreational Vehicle Parking was given a first reading. Councilmembers McConnell moved, Senjem seconded, to remove from the table the Charter Amendment allowing the assessment on delinquent electricity charges. Ayes (5), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - April 1, 1996 4649 Agenda Item Councilmembers Senjem moved, Mcconnell seconded, to instruct the City Attorney to prepare an ordinance providing for the assessment of delinquent electrical charges. Ayes (5), Nays (0). Motion carried. G-2 Councilmembers Marcoux moved, Hruska seconded, to remove from the table the request to initiate legal action concerning wetland and floodway violations on Rochester Topsoil Property at U.S. 63 South. Ayes (4), Nays (0). Motion carried. Councilmember Senjem abstained. Discussion. Councilmembers felt that if they did not remove the item from the table or take some action it would be perceived that nothing would be done. They felt that it was beneficial for the City and the property owner to have the City involved and/or taking action rather than other State or Federal agencies. Councilmember McConnell wanted the matter to come back to the Council prior to the City Attorney's office proceeding with any legal actions against the owner. Dave Goslee, Assistant City Attorney, assured the Council that his office would use discretion in the matter before proceeding. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 173-96 authorizing the City Attorney to initiate civil action against the property owner of the Rochester Topsoil Property if he does not comply within 30 days with those conditions outlined at the Council's Committee meeting held April 1, 1996. Ayes (3), Nays (1). Motion carried. Councilmember McConnell voted nay, Councilmember Senjem abstained. F-1 An Ordinance Amending and Reenacting Section 15.05, Subd. 4, of the Home Rule Charter of the City of Rochester, Pertaining to the Assessment of Unpaid Electrical Charges was given a first reading. Having no further business, Councilmembers Hruska moved, McConnell seconded, to adjourn the meeting. i-. cting City Clerk I