HomeMy WebLinkAbout03-03-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4890 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - March 3, 1997
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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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - March 3, 1997 4891
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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
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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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - March 3, 1997 4893
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 6 - March 3, 1997
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - March 3, 1997 4895
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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,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - March 3, 1997
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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
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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
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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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 6 - March 3, 1997 4899
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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