Loading...
HomeMy WebLinkAbout10-05-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 C-1 C-2 E-1 E-2 E-3 E-4 E-5 E-6 CITY OF ROCHESTER, MINNESOTA Regudar Meeting No. 12 - October 5, 1992 President Selby called the meeting,to order at 2:OO,Pi.M., the following members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker (2:03,PI.P1.) McConnell, Petersson and Senjem. Absent: None. Crawford moved, McConnell second to approve the minutes of the Sept. 21, 1992 meeting. Ayes (6), Nays (0).Motion carried. Se►ijem moved, Canfield second to approve the rpappointments to the Zoning Board of Appeals in block. After discussion of the Council, it was decided that the address of Charles Lancaster and his employer needed to be studied further. Petersson moved, Crawford second to amend the motion to approve the following appointments minus Charles Lancaster. Ayes (7), Nays (0).Motion carried. the original motion was now voted on..Ayes.(7), Nays (0).Motion carried. Randy D.Peterson - 2108 21 Ave. N. W. ; Gerald Pestka of 611 19th St. S. E.; Paul Bucher of 1846 19th St. N. W. Terms to expire Sept. 1, 1995 were appointed. Canfield moved, Crawford second to approve the following promotional appointment to the Police Dept. of Patrick Donnelly to the rank of Detective in the Rochester Police Dept. This is effective Oct. 15, 1992. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to authorize the Fund Accessibility Improvements at Public Services Dept. Offices and appropriate the funds from 301-4026 CDBG Architectural Barrier Removal. Ayes (7), Nays (0).Motion carried. Canfield moved, Senjem second to adopt Resolution No. 556-92 approvin, the contract amendment with Electronic Interiors for a noise level study for $3,300.00. Ayes (7), Nays (0).Motion carried. Senjem moved, Crawford second to instruct the City Attorney to prepare an Ordinance extending the off premises commercial advertisin, sign moratorium for a period of 6 months. Ayes (7), Nays (0).Motion carried. Senjem moved, Petersson second to adopt Resolution No. 557-92 approving the State Grant=in-Aid Agreement.for additional work on the restaurant project J 6952. This increases the State Aid from $74,000. to $89,176.26. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to.adopt Resolution No. 558-92 authorizing the Mayor and the City Clerk to execute the contract with McGhie and Betts, Inc. for engineering services on AIP 1-3-27-0084- 08 Mn/DOT 5501-74 J 6994 - Airfield lighting, etc. Ayes (7), Nays (0) Motion carried. Petersson moved, McConnell second to adopt the following resolutions as approved by. the Public Utility Board: 3993 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3994 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 - October 5, 1992 Agenda Item E-6 E-7 E-9 E-10 E-11 E-12 Resolution No. 559-92 approving an insurance agreement with Associat Electric and Gas Insurance Services Ltd. for Comp. Gen. Liability for one year ending Oct. 18, 1993 in the amount of $212,675.00. Resolution No. 560-92 approving an insurance agreement with Hartford Steam Boiler for a one.year policy ending Oct. 18, 1993. The premium is to be $112,216.00. Ayes (7), Nays (0).Motion carried. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to approve the _licenses and bonds as follows: Auctioneers - Rodney Hotopp of Mesa Az. Auction - Stanley Torgerson's.International Promotions, Inc. DBA International Classic Auctions - car auction 10-3-92 -prior approval Signs.- Sign Services, Inc. Mpls. Mn.; Custom Channel Letters, Inc. Eldon Mo. Misc. - John Marshall High School Homecoming Parade - 10-2-92. (Ayes (7) , Nays (0).Motion carried. Petersson moved, Canfield second to instruct the City Attorney to prepare an amendment to Ord. 112.02 requiring persons selling soliciting, exhibiting or taking of orders for books, magazines or newspapers to obtain a Peddler's Permit with the City Clerk's Office and to waive the required rules and give the the Ord. a second readinc Councilmember McConnell stated that he did not like the title ',•Peddler". The City Attorney stated that this could be changed. Ayes (7), Nays (0).Motion carried. Petersson moved, Hunziker second to approve the application for a Chicken Permit from the Paynes at 1540 loth Avenue N. E. providing they comply to the rules and regulations of the Chicken Ordinance. Ayes (6), Nays (1). President Selby voted nay. Motion carried. McConnell moved, Crawford second to approve the Accounts:Payable in the amount of $1,853,739.77 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to adopt Resolution No. 561-92 approving the low bid of Hawkins Chemical.for the Water Reclamation Plant at $220.90 per ton. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 562-92 awarding the low bid for liquid aluminum sulfate for the Water Reclamation Plant in the amount of $170.00 per ton. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3995 Regular Meeting No. 12 - October 5, 1992 Agenda Item E-13 Crawford moved, Petersson second to adopt Resolution No. 563-92 setting a hearing to be held on Nov. 2, 1992 on the proposed vacation of a 5 foot easement. of Lot 15, Blk 2, Co. Club Manor 12th Sub. Ayes (7), Nays (0).Motion carried. E-14 Canfield moved, Crawford second to approving the filling of the delineated wetlands based upon the findings of fact sheet for the Brown Hexum Graham Property SE.1/4 of Sec. 28 Cascade to be developed as Rochester Athletic Club (GDP 92-113). The motion also includes the proposed replacement plan with the operation and maintenance plan as recommended by the Technical Review Panel. To execute the Findings .of Fact sheet proved or authorizing the Planning Dept. Staff to sign the form and instruct.the City Attorney to complete a replacement agreement with the applicant consistant with the propose replacement plan. Ayes (7), Nays (0).Motion carried. Res. 563A-92 was adopted. E-15 McConnell moved, Senjem second to approve the zone change study of 5.' acres of vacant land at the corner of llth Avenue N.W. and 37th St. N. W.- Bel Air Residue Property. Ayes (7), Nays (0).Motion carried. E-16 Senjem moved, Crawford second to adopt Resolution No. 564-92 setting a hearing to be held on November 2, 1992 on the proposed vacation of a five foot utility easement located along the N. lot line of Lot 11, Blk 2 Elton Hills First Sub. Ayes (7), Nays (0). Motion carried. E-17 Petersson moved, Hunziker second to adopt Resolution No. 565-92 approving the Settlement Agreement for. Completion of Owner - Contract Improvements in Parkwood Hills Fifth with Harvey Ratzloff which bonding will pay $11,989.73 towards.the completion contract work of $20,950.00 by Rochester Sand and Gravel, Inc. and Harvey Ratzloff will provide the retainage of $8,960.27 in contract funds. Surety will be released from further claims. Mr. Ratzloff also agrees to the conditions of the agreements. Ayes (7), Nays (0).Motion carries E-18 Petersson moved, Senjem second to adopt Resolution No. 566-92 authorizing the advertisement for bids for the purchase of up to thre buses in a joint procurement with the Duluth Transit Authority subjec to the procurement guidelines of the Federal Transit Authority. - Duluth has set a tentative award date of 12-2-92 with a 150 day delivery. This resolution does not specify a date, but it is expected to be on 12-7-92. Ayes (7), Nays (0).Motion carried. E-19 Petersson moved,Canfield second to approve the contract negotiations with Mr. Van J. Larson of Rochester for Sludge -,(land application) kgT 5gg _��tgsRgQq� ion Plant. Ayes (7), Nays (0).Motion carried. E-20 Petersson moved, Crawford second to adopt Resolution No. 568-92 awarding the low bid of $38,772.50 with E1cor'Construction for Projec No. 4883-J 9212 - Retaining Wall and Related Construction for East of DM & E.RR and S. of 4th St. SE. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3996 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 - October 5, 1992 �I Agenda Item E-21 Canfield moved, Petersson second to award the low bid of $607,144.40 with Progressive Contractors, Inc. contingent on approval from the MPCA. This is for Project 7301-91 J 917.3 - Extension of the NW Trunkline NW Plaza to Douglas Trail; WM and San.Sewer to 600 Wt 569- W ta8Xptgq� Avenue N. W. Ayes (7), Nays (0).Motion carried. . F-1 An Ordinance Amending and reenacting Sec.. 112.02 of the RCO Relating to the Registration Req. of Peddlers and Solicitors was given its first reading. Petersson moved, Canfield second to suspend the rules, and give this Ord. a second reading. Upon Roll call vote, Councilmemb( Canfield, Crawford,Hunziker, McConnell, Petersson and Senjem an.d President Selby voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Petersson moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 63.511 of RCO relating to the regulation of Outdoor Commercial Advertising Signs and Providing an Extension of six months to the period of the.r�ioratorium.This was given its first reading. Petersson moved, Canfield second to suspend the rules and give this Ord. a second reading. Upon Roll call vote, Council - members Canfield, Crawford, Hunziker, McConnell, Petersson, Senjem and President Selby voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance�..,was given its second reading. McConnell moved, Crawforc second to adopt the Ordinance as read. Ayes (7), Nays.(0).Motion carried. F-1 Canfield moved, Petersson second to adopt Resolution No. 570-92 approving an owner contract for San. Sewer and Storm sewer Ext. to serve the Gerlach Property in the NE 1/4, Sec. 34 T106N R 14W J 9257 Charles W. Gerlach and S.L. Contracting, Inc. Ayes (7), Nays (0). Motion carried. Having no further business, Petersson moved, Crawford second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem. Absent: None. Councilmembers Senjem moved, Second by Petersson to adopt Resolution- No.571A-92. honoring Vincent Folkert, former Councilmember who passed away on October 3, 1992. He was commemorated for the.service he gave on the Council as well as the numerous committees he volunteered on during his life. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the proposed assessment on Project 7023 Debris Removal in the City. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Canfield second to adopt Resolution No.-571G92=approving the assessment. Ayes (7), Nays (0).Motion carried. [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 - October 5, 1992 Agenda Item IR A Hearing on the proposed Assessment of Sewer and Water Delinquent charges. Having no one present that°wished.to be heard, President Selby closed the hearing. Petersson moved, Senjem second to adopt Resolution No. 572-92 approving the assessment . Ayes (7), Nays (0).Motion carried. A Hearing on -the Final Plat of Kings Run, Second Sub. Wishing.to be heard was Mike Nigbur of McGhie,and Betts, Inc. Eng. for the Dev. and went over the conditions and stated that they had .no problems with them. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Canfield second to approve the request of the Planning Dept. changing the name of Highgrove Lane and Balmoral Lane to one name. Ayes (7), Nays (0).Motion carried. Hunziker moved, Petersson second to approve the plat with the four conditions as listed in the Request for Council Action. Ayes (7), Nuys (0).Motion carried. For the Record Council stated that in the future developers and consultants should be aware that the plans for grading, etc. be submitted to the Council before requesting official Council action. Ayes (7), Nays (0).Motion carried. Resolution No. 573-92 was adopted. A Hearing on the General Development Plan ( Type III ) for the Rochest Club. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. Architects/Engineers on the project. He presented the plan and pictures of the area when it is completed. He stated that a Conditional Use Permit is needed and has been submitted. The four conditions as listed on the Request for Council Action were O.K. with the developers. Councilmember McConnell asked Mr. Tointon if Mr. Till, owner of the farm had any problems with this development. Mr. Tointon stated that as far as he knew he did not have any problems. Mr. Till, however was present and wished to speak. Wishing to be heard at this time is Jim Till of 2715 19th St. N.W. He was concerned about the water runoff from various developments. He stated that what was once a field is now a swamp and the only thing it grows now is cattails. Having no one else present wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second to approve the "Findings of Fact" including the four conditions as listed on the Request for Council Action. Councilmember McConnell asked the Planning Dept. staff if the problem as stated by Mr. Till was taken care of. Jeff Ellerbush of the Planning Dept. stated that the runoff was from the developer before and that it had not been addressed,ih-that project. Councilmember Hunziker was concerned about the future bikeway and who would construc it and pay for it. Mr. Tointon stated that the developer would be filling to participate in the funding of this on the south side of 19th St. Hunziker moved, Crawford second to reconsider the motion as stated above. Ayes (7), Nays (0).Motion carried. Hunziker moved, Petersson second to approve the "Findings of Fact" including the four conditions as stated on the Request for Council Action and that a ritten agreement is provided by the Developer stating their participa in the funding of construction of a bikepath on the south side of 19th t. N.W. and that the construction of said bikepath and the amount is agreed upon by both the developer and the City. Ayes (7), Nays (0). lotion carried. Athletic r .ion ."��� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 12 - October 5, 1992 Agenda Item B-5 A Hearing on the 1992 Annual Performance Report and Assessment and the 1993 Annual Plan of the Comprehensive Housing Affordability Strategy (CHAS) for the City of Rochester, Mn. Having no one - present that wished to be heard, President Selby closed the hearing. Canfield moved, Petersson second to approve the 1992 Annual Performar Report and Assessment and the 1993 Annual Plan of the Comp. Housing Affordability Stragey (CHAS).for the_City of Rochester. Ayes (7), .Nays (0).Motion carried. F-1 An Ordinance Rezoning certain Property and amending Ord. 2785 known as the Zoning Ord. and Land Development Manual of the City of Rochester was given its second reading. Canfield moved, Crawford second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing to the City of Rochester 13.72 acres of land in the N1/2 of the NW1/4_of Sec. 30, T107N R13W.(W of No. Hgts E Sub.). This was given its second reading. Petersson moved, Crawford second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-1 McConnell moved, Petersson second to remove the proposed project No. 6232-1-92 J 9252 - San. Sewer and Watermain Ext. in 32nd St. NE from 200 Ft. E of 3rd Ave. NE to Lot 6, Morris's 3rd Sub. from the table..,Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to proceed with the project. Upon Roll Call vote, Councilmembers Crawford, Hunziker, McConnell, Petersson and Presideni Selby voted aye. Ayes (5), Councilmembers Canfield and Senjem voted nay. Nays (2). Motion did not carry as this project needed 6/7 vote of the Council. Councilmember• Canfield was opposed because he feels a policy to help the people pay for these projects is necessary and urges the Council to establish such a policy of funding or partial funding or some other method. Councilmember Senjem agrees with Canfield. He stated only three out of fifteen wanted this in the first place. Councilmember Hunziker stated that while the intention! of both Canfield and Senjem are good, the City cannot hold up projec7 .while it is trying to find a solution to a problem that was present before he was elected that this is past six years. Until the Council or anyone can come up with a good idea that works, the City cannot hold projects. President Selby reminded the Council that some of the people in the area did request the project because of bad water etc. Councilmember Petersson stated that it is not fair to have the. people with bad wells buy water and the City does not furnish them with this service. They are a part of the City.and the City has an obligation to provide them with clean water. Councilmember Canfield stated that he does not believe that the City should assess a piece of property more then the service benefit! the property. If this is put in anyway, then the City should have a fund to pay the difference. He would like to have staff bring back a method of doing that. Councilmember Petersson reminded Canfield that a house without water at all is practically worthless. This project was not approved by the Council. ice RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. . CITY OF ROCHESTER, MINNESOTA �� Regular Meeting No. 12 - October 5, 1992 Agenda Item H-1 The City Council was asked to provide a member to serve on the Initial Youth Commission Board. Mr. Stevan Kvenvold, City Adm. stated that all three governing bodies will provide a repres- entative. The County will be the lead body of government. Councilmember Hunziker volunteered to be on this committee. Petersson moved, Crawford second to appointment Councilmember Hunziker to this committee.Ayes (7), Nays (0).Motion carried. Having no further business, Petersson moved, Hunziker second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. -ram' City Clerk 1 .1