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HomeMy WebLinkAbout03-03-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4890 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 Agenda Item A-1 B-1 President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcoux, Jean McConnell, David Senjem, and Walter Stobaugh. Absent: None A Hearing on Annexation by Ordinance Petition #97-2 by C. Fredrich Krebsbach to annex 30.29 acres of land located along the south side of 55th Street N.W., west of 50th Avenue N.W. in a part of the NE 1/4 Section 18, Cascade Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant, stating that he was available for any questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Ordinance Petition #97-2 by C. Fredrich Krebsbach and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on Vacation Petition #97-1 by Dean and Janet Gewecke to vacate a portion of the utility easement located along the east side of Lot 3, Block 2, Peck's Hills First Subdivision to facilitate the construction of an addition to the existing home, located at 1717 11th Avenue N.E. Wishing to be heard was Dean Gewecke, 1717 11th Avenue N.E., petitioner for the vacation, available for questions. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 105- 97 vacating a portion of the utility easement located along the east side of Lot 3, Block 2, Peck's Hills First Subdivision. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on Type III, Phase ll, Land Subdivision Permit #97-2 by Glendale Partners, to be known as Glendale Hills Third Subdivision on property located west of East Circle Drive, east of Northern Valley Drive N.E. and south of Glendale Hills Drive N.E. Wishing to be heard was Louis Yockui, McGhie & Betts, representing the applicant, and available for any questions. He stated that they had no objections to the two conditions of the Planning Commission. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to approve Land Subdivision Permit #97-2 by Glendale Partners, to be known as Glendale Hills Third Subdivision, with the two conditions recommended by the Planning Commission 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 4891 Agenda Item and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on Type III, Phase II, Land Subdivision Permit #97-1 by Michael Younge Builders, Inc. to be known as Lincolnshire Eighth Subdivision on 16.07 acres in the Arboretum Special District located west of TH 52 and south of 55th Street N.W. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicant. Mr. Borcherding noted that they had no problems with the three conditions recommended by the Planning Commission. He also noted that Outlot B on the plat has been dropped and will be included as a part of Lot 1, Block 2 and Outlot A has been dropped as well for lack of interest by the Park Department; it was to have been used as a bike path connection to the Douglas Bike Trail. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Hruska seconded, to approve Land Subdivision Permit #97-1 by Michael Younge Builders, Inc., to be known as Lincolnshire Eighth Subdivision, with the three conditions recommended by the Planning Commission, removing Outlots A and B from the final plat, and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on General Development Plan #123 by Jerry Schultz and Randy Reynolds to be known as Southern Woods located south of 48th Street S.W., east of 11th Avenue S.W. and west of TH 63. Wishing to be heard was Jeff Griffin, GGG Engineering, representing the applicants. He stated that the applicants had no objection to the. conditions as recommended by the Planning Commission. Work in the northeast quadrant has to be approved by MNDOT because of future interchange considerations. The revised GDP has the required parkland dedication.. Wishing to be heard was Jane Groves, 1142 Willow Lane S.W. Ms. Groves objected to the blasting without prior knowledge or warning, the truck traffic on 48th Street that is too narrow to accommodate trucks, and the notice that was incorrectly stated as S.E. rather than S.W. Wishing to be heard was Denise Gehrke, 1351 Willow Lane S.W., concerned about the environmental impact that the development will have on the wetlands that support various wildlife species. Having no one further wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4892 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 Agenda Item L� Mitzi Baker, Planning Department, stated that no traffic impact study had been done on 48th Street because of the low population density of the area. Phil Wheeler, Planning Department, said that the notice that had been sent was in error and stated SE rather than SW. City Attorney, Terry Adkins recommended that the hearing be reopened and continued until March 17th. Councilmembers Evans moved, Hruska seconded, to reopen the hearing. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to continue the hearing to March 17, 1997. Ayes (7), Nays (0). Motion carried. A Hearing on Annexation by Ordinance Petition #97-3 by Payne Company to annex 7.78 acres of land located along the south side of Viola Road N.E., along the proposed sewer line route in a part of the E 1/2 of Sections 30 & 31, Haverhill Township. Wishing to be heard was Tony Ebert, Haverhill Township Supervisor, opposing the annexation because the township board feels that it is not orderly annexation but rather meandering. Wishing to be heard was Jeffrey Salisbury, 2610 Viola Road N.E. Mr. Salisbury was unsure of where the annexation was taking place. He was concerned that his land, west of the annexation, would become a "pocket" completely surrounded by the City and eventually annexed to the City. He was opposed to the annexation. He also felt that the City would be looking at the drainage basin on his property and decide that his land would provide the drainage necessary for the Payne property on the east. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicant. Mr. Borcherding stated that he has been trying to contact Mr. Salisbury for some time without success to discuss the drainage basin. However, the Payne property would control water through a dike. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Marcoux seconded, to approve Ordinance Petition #97-3 by Payne Company and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. G-1 A Hearing on Annexation by Ordinance Petition #96-17 by Carlton Penz and Nancy Mulholland to annex 55.75 acres of land located along the south side of Pinewood Road S.E. in a part of the E 1/2, SE 1/4, Section 18, Marion Township. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant and available for questions. He spoke to the February 18th meeting with the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 4893 Agenda Item Pinewood residents and the resulting questions that were answered on the annexation and assessment process. Wishing to be heard was David Halling, 2620 26th Avenue S.E. He had the names of the persons living along 26th Avenue S.E. who were opposed to the annexation. They felt that the City would be looking to them in the near future for annexation. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to approve Annexation Ordinance Petition #96-17 by Carlton Penz and Nancy Mulholland and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. Cub Scout Troop No. 116 from United Way was recognized as in attendance. C-1 - Councilmembers Evans moved, Stobaugh seconded, to approve the following C-7 consent agenda items: C-1 Approval of the minutes from the February 19, 1997 meeting. C-2 Adopt Resolution No. 106-97 approving boxing or sparring exhibitions sponsored by Rocky McCaleb, Tom Leonard, Rory Rowe and Mark Anderson for the period of March 22, 1997 to June 21, 1997. C-3 I Approval of accounts payable in the amount of $843,354.96. C-4 Adopt Resolution No. 107-97 authorizing the City Clerk to advertise for bids to be opened on March 18, 1997 for a 1997 36,000 lb GVW truck chassis and hydraulic hook lift loader system for the Public Works Department.. C-5 Approve the appointment of Ann Curtis to the Citizens Advisory Committee on Transit for a three year term running to December 31, 1999. C-6 Adopt Resolution No. 108-97 extending to those City Employees not presently covered by any labor contract or meet and confer agreement the same changes in wages and benefits that the most appropriate contract/agreement would have provided to these employees effective January 1, 1997. C-7 Acknowledge and accept donations from the Rochester Bank and Trust members funds in the amount of $12,145 for vests and radio communications equipment for the Rochester/Olmsted Emergency Response Unit. Ayes (7), Nays (0). Motion carried. 4894 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 Agenda Item D-1 D-1 E-1 E-2 Nancy Brataas served as spokeswoman for several other individuals asking the Council for assistance in asking the TCI to put C-Span-2 back as a viable cable channel. She offered excerpts from individuals, letters to the editor, and a commentary from the Boston Sunday Globe to substantiate their request. The group feels that another channel, Univision, could be dropped to allow for the second C-Span programming due to the low number of residents that it serves. Councilmember Jean McConnell also voiced his disapproval with TCI not giving a choice to those that they are serving. Wishing to be heard was Monica Buller, 2425 11th Avenue S.E., speaking in support of keeping the Univision channel. She stated that this is the only channel for Spanish-speaking residents as well as having a large population of Spanish students from the public school system. Wishing to be heard was Tom Gjersvig, 947 West Village Circle SE, also speaking in support of the Univision channel and the number and types of residents served. Terry Adkins, City Attorney, noted that the City cannot require a cable operator to carry a specific channel. However , the City can require a cable company to increase its channel capacity to meet the community's needs. Adkins. suggested that groups and individuals attend the Cable TV Advisory Committee meeting and request that TCI provide an up -graded system of more channels due to the fact that the present system is inadequate to serve the needs of the community. Wishing to be heard was Kathleen Stutz, 14643 Greenridge Lane, Burnsville, Minnesota, asking about the current handbill ordinance. She will be distributing handbills in support of a candidate running for Attorney General of Minnesota in 1998 and did not want to be in violation of the ordinance. The City Attorney assured her that she would not be. Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 109-97 approving the Redevelopment Assistance Agreement with PEMSTAR, Inc. and to complete the acquisition of the 47 acre site from J.W. Clemens, Inc. for the purchase price of $560,000; and Adopt Resolution No. 110-97 authorizing the issuance and sale of the G.O. taxable bond in the amount of $2,768,500 for Development District No. 7 and purchase of the bond by the Flood Control Maintenance Account. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Evans seconded, to approve the repeal of R.C.O. 85.08 relating to the distribution of handbills and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 4895 Agenda Item E-3 Councilmembers Stobaugh moved, Marcoux seconded, to approve the proposed changes to the CDBG Rental Rehabilitation Program and targeting the program to the Kutzky Park neighborhood area for at least one. year. Discussion. Councilmember Senjem felt that this was not the right approach for Government to be taking; that of giving away money. He felt that the owner should take more responsibility. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. E-4 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 111-97 entering into a 120 day exclusive negotiation agreement with Healthco, Inc. for a hotel development project on the Old City Hall parking lot site. Discussion. Councilmembers Marcoux and Stobaugh noted that the motion and second was with the understanding that a parking structure be a part of the project and that it would be the only part to possibly receive a City commitment. Councilmember Evans felt uncomfortable with only one proposal saying that if it did not get approved, other developers would know the plans of the project and develop their own with those in mind. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. E-5 (Councilmembers Senjem moved, Evans seconded, to adopt the following Public Utility resolutions: Resolution No. 112-97 entering into a purchase order with Cannon Technologies, Inc. for furnishing Load Management Terminals in an amount not to exceed $44, 800.00; Resolution No. 113-97 entering into a purchase order with TurboCare for SP Unit #4 Turbine Generator Thrust Bearing Replacement in an amount not to exceed $85,780.00; and Resolution No. 114-97 entering into a contract agreement with Rochester Sweeping Services for sweeping and snow removal services in an amount not to exceed $102,104.80. Ayes (7), Nays (0). Motion carried. E-6 Councilmembers Marcoux moved, Evans seconded,. to approve the change in corporate name for Sam's Club #6427 from Wal-Mart Stores, Incorporated to Sam's West, Incorporated for the Off -Sale Liquor License. Ayes (7), Nays (0). Motion carried. E-7 . I Councilmembers Stobaugh moved, Hruska seconded, to approve the transfer of the On -Sale Exclusive Intoxicating and Sunday Liquor Licenses for Shenanigans, 4896 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 Agenda Item E-8 E-9 E-10 Incorporated DBA Shenanigans, 8 South Broadway, to Derrick Lindquist. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the transfer of the Off -Sale Intoxicating Liquor License for Bear Creek Liquors from SuperValue Holdings, Incorporated to Randall's International, Incorporated. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to transfer the On -Sale Exclusive Intoxicating and Sunday Liquor licenses from Bainter, Incorporated, 2 South Broadway, to RSD, Incorporated DBA CJ's Midtown Lounge with John Randal Tigner as the sole ownership of the corporation. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to table the Cigarette Over -the -Counter License for Tobacco Discount until the March 17th meeting and to approve the following licenses, miscellaneous activities and renewal licenses: Sign Installation Scenic Sign Corporation, Sauk Rapids Miscellaneous Street Use Mn. Multiple Sclerosis Walk, April 13, 1997 Consumption & Display - Renewal (1) Pla-Mor Ballroom Off -Sale Intoxicating Liquor - Renewal (13) Andy's Crossroads Liquor Andy's Warehouse, Inc. B & F Leasing DBA Apollo Liquor & Smoke Shop Deanna, Inc. DBA Apollo Wine & Spirits Randall's International, Inc. DBA Bear Creek Liquor P.G.J. DBA Buckeye Liquor Shirley Keehn DBA Hillcrest Liquor Joe's Liquors Kahler Corporation DBA Kahler Liquors MGM Wine & Spirits, Inc. DBA MGM Liquor Warehouse Northbrook Liquor, Inc. Peter H. McHardy DBA Plaza Liquor Sam's West, Inc. DBA Sam's Club #6427 Club On -Sale - Renewal 8 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 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 4897 Agenda Item Loyal Order of Moose Lodge #2128 Rochester Golf & Country Club Whitlock Sonnenberg VFW Post #1215 Wine - Renewal (15) Karla Sperry DBA Bilotti's Italian Restaurant Honker Enterprises DBA Canadian Honker Restaurant Chardonnay, LTD. China Dynasty Guo Zhen Fen DBA China Garden Sunnareth Khourn DBA Combo Cuisine Daube's Bakery & German Restaurant Denny's, Inc. DBA Denny's Restaurant #1368 Ngho B. Sam & Cau Dang DBA Great China Restaurant John Cokinos DBA John's Family Restaurant Powers Enterprises DBA Legends of Rochester M & S Rochester, Inc. DBA Two Worlds Restaurant JADCO L.L.C. DBA Valentino's Wong's Cafe, A General Partnership Twin Ports Parthenon, Inc. DBA Zorba's Restaurant On -Sale & Sunday Intoxicating Liquor - Renewal (42) Apple American Lmtd. Partnership DBA Applebee's Neighborhood Grill/Bar Lorraine Corporation DBA Aviary Restaurant Equity Hotel Corporation DBA Splash Lou nge/Baihley's Pub Creative Cuisine, Inc. DBA Broadstreet Cafe & Bar/Red Room Brothers Bar & Grill, Inc. RSD, Inc. DBA CJ's Midtown Lounge Kahler Corporation DBA Clinic View Inn & Suites Hondo Brewing Co. DBA Clubhaus Brew Pub Colonial Lanes DBA Brass Lantern Charles Brannon DBA Crown Restaurant & Lounge DALF, Inc. DBA Fabe's Sports Bar Jorge Solis DBA Fiesta Mexicana Restaurant PA RO Enterprises, Inc. DBA First Class Restaurant/Goose Stop Lounge CMZ, Inc. DBA Henry Wellington's/Newts' Kahler Corporation DBA Holiday Inn Downtown Sonor Hotel Corporation DBA Holiday.lnn South Anthony Danh DBA Hunan Chinese Restaurant Chen-Gsi Wang DBA Hunan Garden Restaurant J.J.'s of Rochester, Inc. DBA J.J.'s Restaurant John Barley Come, Inc. DBA Sir John Barley Come Kahler Corporation DBA Kahler Hospitality Services Kahler Corporation DBA Kahler Hotel Kahler Corporation DBA Kahler Plaza Hotel GPK, Inc. DBA Kathy's Pub Kings Crossing Bar & Grill MaMa B's, Inc. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4g9g CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 Dooley's Inc. DBA McMurphy's Sports Cafe/Aquaris Club Michael's Supper Club DBA Michaels Restaurant (no Sunday) LTB., Inc. DBA Mugzees C.J.C. Enterprises, Inc. DBA North Star Bar BDG5 Limited Partnership DBA Radisson Hotel Centerplace Recreation Lanes, Inc. GMRI, Inc. DBA Red Lobster #439 Hinck Lounge, Inc. DBA Rochescheer Pub & Grill J & R & SE Hotel LLC DBA Ramada Inn ROCL, Inc. DBA Rookies Sports Grill & Bar Shenanigan's, Inc. Great Western Fair, Inc. DBA Smiling Moose Restech Partners, Inc. DBA TGI Fridays Jimmy John Corporation DBA Wagon Wheel Steakhouse Grille & Bar Willow Creek Golf Course of Rochester, Inc. Matthew's Food Services, Inc. DBA Wright Stuff Restaurant & Catering Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No 115-97 providing for the issuance and sale of the City's General Obligation Taxable Tax Increment Bond of 1997 for Development District No. 2 purchased under the City's Flood Control Maintenance Fund. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 116-97 entering into a professional services agreement with Brown and Caldwell, St. Paul, to conduct a Sewer Rate and Cost Study for an amount not to exceed $47,500.00. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 117-97 approving the execution of a quit claim deed to Rochester Alliance Church of the Christian and Missionary Alliance in exchange for a drainage easement on a portion of the existing church property for Project No. J-9270. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 118- 97 entering into a contribution agreement with Independent School District #535 for City Projects No. J-9218 and J-9288. Ayes (7), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 119-97 entering into an agreement with Yaggy Colby Associates to provide plans and specifications for City Project No. 7503-15-96 (J-2249) "Construction of the Cascade Bicycle Trail from Zumbro River to 16th Avenue N.W.". Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 120-97 authorizing the City Clerk to accept bids on March 26, 1997 for City 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - March 3, 1997 4899 Agenda Item Project No. 8215-21-95 (J-2592) "1997 Structural Restoration of the Center Street Ramp". Ayes (7), Nays (0). Motion carried. F-2a An Ordinance Annexing to the City of Rochester Approximately 30.29 Acres of Land Located in the Northeast Quarter of Section 18, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a first reading. (South of 55th Street N.W., West of 50th Avenue N.W. - Krebsbach) F-2b An. Ordinance Annexing to the City of Rochester Approximately 7.78 Acres of Land Located in the North Half of the Northeast Quarter of Section 31; The Southeast Quarter of Section 30; and the Northeast Quarter of Section 30, All in Township 107 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South side of Viola Road N.E. - Payne) Councilmembers Senjem moved, Hruska seconded, to suspend the rules and give the Ordinance a second reading. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Councilmembers Senjem moved, Marcoux seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-2c An Ordinance Annexing to the City of Rochester Approximately 55 Acres of Land Located in the Southeast Quarter of the Southeast Quarter of Section 18, Township 106 North, Range 13 West, Olmsted County, Minnesota, was given a first reading. (South side of Pinewood Road S.E. - Penz) F-2d An Ordinance Repealing Section 85.08 of the Rochester Code of Ordinances Relating to the Regulation of Handbill Distribution was given a first reading. F-2e An Ordinance Creating Section 66.102 of the Rochester Code of Ordinances, Relating to the Adoption of An Interim Ordinance Regulating the Issuance of Advertising Sign Permits Within the City was given a first reading. H-1 Councilmembers Senjem moved, Hruska seconded, to award a three percent increase in salary for the City Administrator, Steve Kvenvold. Ayes (6), Nays (1). Motion carried. Councilmember McConnell voted nay. Having no further business, Councilmembers Evans moved, Hruska seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk