HomeMy WebLinkAbout02-05-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Reglular Mee It nng No. E Fetiruary 95916 4601
Agenda
Item
President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Evans, Hruska, Marcoux, McConnell,
A-1
Senjem, Stobaugh. Absent: None.
Mayor Canfield presented the Certificate of Achievement for Excellence in
Financial Reporting for the year ending December 31, 1994 from the
Government and Finance Officers Association to Dale Martinson for the entire
Finance Department. This certificate represents the standard for financial
reporting on the government level and is the highest form of achievement given.
B-1
A Hearing on Final Plat #96-2 to be known as Eagle Ridge North Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Evans seconded, to approve Resolution No.
039-96 approving the Final Plat for Eagle Ridge North Subdivision with three
conditions. Ayes (7), Nays (0). Motion carried.
B-2
A Hearing on Type III, Phase III Conditional Use Permit #95-26 by Marigold
Foods, Incorporated to permit the expansion of a nonconforming use on the
property located at 700 1st Avenue S.E.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Resolution No.
040-96 for the Conditional Use Permit for Marigold Foods, Incorporated with the
findings of fact as recommended by the Planning staff. Ayes (7), Nays (0).
Motion carried.
B-3
A Hearing on the Annexation by Ordinance Petition #96-1 by Arnold Bomgaars of
22.08 acres Located in the South 1/2 of the SW 1/4, Section 19, Haverhill
Township.
Having no wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve the Annexation
by Ordinance Petition #96-1. Discussion.
Councilmember Evans suggested that the Council schedule a Committee of -the -
Whole meeting to allow the neighbors and applicants to meet prior to looking at
the general development plan. It was also noted that Viola Heights Drive does
not include a through street to Northern Heights Drive.
Ayes (7), Nays (0). Motion carried.
B-4
A Hearing on Project No. 9601 J-9361 "Watermain Extension from South Pointe
Second Subdivision to Machinery Hill Subdivision".
Having no one wishing to be heard, President Hunziker closed the hearing.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4602 Regular Meeting No. 3 - February 5, 1996
Agenda
Item
M
M
Councilmembers Stobaugh moved, McConnell seconded, to approve Resolution
No. 041-96 ordering Project No. 9601 J-9361 "Watermain Extension from South
Pointe Second Subdivision to Machinery Hill Subdivision" to be made. Ayes (7),
Nays (0). Motion carried.
A Hearing on Mass Transit Program of Projects for 1996.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 042-
96 approving the mass transit program of projects and authorizing the filing of an
application with the Federal Transit Administration and execution of a contract for
such assistance. Ayes (7), Nays (0). Motion carried.
A Hearing on Type III, Phase III Conditional Use Permit by Rochester Sand and
Gravel to expand a sand and gravel extraction area located west of TH 52,
directly west of Vogel Outdoor Advertising.
Wishing to speak was Tom Fitzgerald, 723 Fifth Avenue S.W., who works for
Rochester Sand and Gravel. He stated that they foresaw no problems with a
review after ten years and anticipate that the maximum that they will be using the
permit will be five years. He also stated that they preferred a 25 foot setback
rather than 50 foot recommended.
Boy Scout Troop 98 from Elton Hills was recognized as being present.
Wishing to speak was Joan DeWitt, 3316 Lake Street N.W., noting that it will
take 20 to 30 years to arrive at the 200 acre lake that needs to be accomplished.
She stated that future councils could hamper what has been already started.
Wishing to speak was Les Fiegel, Austin, Texas, one of the owners of the Fiegel
property also involving in the mining operation of the area. He noted the renewal
period placed on his permit and the lack of renewal period on the Western Walls
permit.
Wishing to speak was Steve Beach of Mathey Construction Company,
Wisconsin, the company doing the actual mining in the area. He stated that
they are in favor of the permit from Rochester Sand and Gravel.
Having no one further wishing to speak, President Hunziker closed the hearing.
Mayor Canfield noted that it is to the City's benefit to provide as large a lake as
possible in a reasonable time. He stated that what he objects to is no time limit
put on the permits to allow future councils to see what could be or has changed
in ten years.
Councilmembers McConnell moved, Evans seconded, to table the action on the
permit to gain additional information on the applicant. Ayes (7), Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER MINNESOTA
Regular Meeting No. 3 - February 5, 1996
COUNCIL
4603
Agenda
Item
C-1 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
043-96 approving the appointment of Councilmembers to Boards and
Commissions as designated by President Hunziker. Ayes (7), Nays (0). Motion
carried. Committtee appointments are as follows:
ROCOG Board of Equalization Strategic/Planning
Mayor Canfield McConnell, Chair Hruska
Marcoux Hunziker Marcoux
McConnell Marcoux Stobaugh
Senjem
Stobaugh
Flood Contro/I
Joint Powers RAEDI Convention Bureau
Senjem, Chair Evans Hruska
Hruska Senjem Hunziker
Stobaugh
Downtown
Development PASC Highway 52
Marcoux Hunziker Marcoux
Stobaugh McConnell Evans
RPU Youth Commission Environmental
Evans Evans Senjem
Airport Personnel
Commission HRA Advisory Committee
Hunziker McConnell Senjem
Stobaugh
Evans
C-2 - Councilmembers McConnell moved, Stobaugh seconded, to adopt resolutions
C-18 approving the following consent agenda items:
C-2 Approval of the minutes of the January 17, 1996 meeting.
C-3 Adopt Resolution No. 044-96 of the contract with Danewick-Poole Environmental
for asbestos removal on the Depot project.
C-4 Adopt Resolution No. 045-96 approving Change Order #2 to the ASI Library Sign
Contract resulting in a $1,159.86 deduct from the original contract amount.
C-5 Adopt Resolution No. 046-96 approving Change Order #7 to the Knutson
Contract for City Hall in the amount of $13,127.00 as a result of City requests,
code requirements, contractor and subcontractor recommendations and errors or
omissions in the documents.
4604
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - February 5, 1996
Agenda
Item
C-6
C-7
C-9
C-10
C-11
C-12
C-13
C-14
C-15
C-16
Adopt Resolution No. 047-96 and 048-96 authorizing the City Clerk to advertise
for bids for one new all -wheel drive two engine design truck with high speed
runway broom and one new all -wheel drive two engine design truck with two
stage rotary snow blower unit for the Rochester International Airport.
Adopt Resolution No. 049-96 authorizing the Mayor and City Clerk to execute the
agreement between the Rochester Airport Company and the City for the
spreading of biological solids from the Waste Water Treatment Plant on 962.26
acres of land.
Adopt Resolution No. 050-96 setting a public hearing on March 4, 1996 on a
Charter Amendment allowing the assessment on delinquent electricity charges.
Approval of the following licenses and bonds:
Temporary Non -Intoxicating Malt Liquor
St. Pius X Catholic Church for fundraiser on May 21, 1996
Temporary Dance Permit
St. Pius X Catholic Church for fundraiser on May 21, 1996
Temporary Gambling Permits - Raffles'
Trout Unlimited, Hiawatha Chapter at Radisson Plaza Hotel on March 16,
1996
Pheasants Forever - Tri County at Radisson Plaza Hotel on March 15,
1996 1
Miscellaneous Street Use
Job Training & Rochester Area Family Y Rollerblade fundraiser rally on
May 11, 1996
Adopt Resolution No. 051-96 forwarding the petition from Ronald Seeger to
public works and requesting a feasibility report on the extension of sanitary
sewer into land in the west 1/2 of the southeast 1/4 of Section 8, Cascade
Township.
Approve the Accounts Payable in the amount of $1,249,702.96.
Approve the appointment of Daniel P. Slavin to the position of Captain in the
Rochester Fire Department effective February 5, 1996.
Approve the appointment of Dennis D. O'Neill to the position of Captain in the
Rochester Fire Department effective February 5, 1996.
Approve the appointment of James A. Kiehne to the position of Motor Operator in
the Rochester Fire Department effective February 5, 1996.
Approve the appointment of Robert F. Schloegel to the position of Motor
Operator in the Rochester Fire Department effective February 5, 1996.
Adopt Resolution No. 052-96 authorizing the Mayor and City Clerk to sign an
agreement between the City and County for joint Law Enforcement Testing.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4605
Regular Meeting No. 3 - February 5, 1996
Agenda
Item
C-17 Adopt Resolution 053-96 adopting revised Personnel Policies - Section XV -
Military Leave and Section XIX - Harassment in the Workplace.
C-18 Approve the transfer of two parcels of land to the City of Rochester from Olmsted
County; a 6.00 foot area adjacent to the current City Public Works Property and
a parcel located at the intersection of 4th Street S.E. and 19th Avenue.
D-1 I No .one wished to present any letters, petitions or presentations.
Councilmember Senjem asked that the Council recognize the outstanding job
that the various departments in the City did during the recent cold weather.
These departments included public works, police and fire. It was suggested that
a letter be drafted from the Council to thank these departments.
E-1 Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution 054-
96 authorizing the Mayor and City Clerk to sign the proposed loan agreement
between the City and Western Digital. Ayes (7), Nays (0). Motion carried.
E-2 Councilmembers Evans moved, McConnell seconded, to adopt Resolution 055-
96 authorizing the City Clerk to advertise for bids for the Mayo Civic Expansion,
Phase I. Ayes (7), Nays (0). Motion carried.
E-3 Councilmembers Senjem moved, Stobaugh seconded, to approve the following
Public Utility resolutions:
Resolution No. 060-96 entering into an agreement with Burmeister/Howard for
pad mounted distribution transformers in the amount of $54,266.01.
Resolution No. 061-96 approving a purchase order agreement with
RESCO/Pauwels for pad mounted distribution transformers in the amount of
$55,128.66.
Resolution No. 062-96 rejecting the low bid from WESCO for item 16 for failure
to meet specifications and to approve a purchase order agreement with
Petersen/Wisdorf for cable and conductor in an amount not to exceed
$170,121.01.
Ayes (7), Nays (0). Motion carried.
E-4 Councilmembers McConnell moved, Hruska seconded, to approve the On -Sale
Wine and On -Sale Non -Intoxicating Malt Liquor license for Jadco L.L.C. DBA
Valentino's at 130 Elton Hills Drive N.W., Suite 200. Ayes (7), Nays (0). Motion
carried.
E-5 Councilmembers Evans moved, Stobaugh seconded, to approve the transfer of
the On -Sale Intoxicating Liquor, Sunday Liquor and Dance Licenses for the
Ramada Inn to R.H. Hospitality, Incorporated. Ayes (7), Nays (0). Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4BO6 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - February 5, 1996
Agenda
Item
E-6
E-7
E-8
E-9
E-10
E-11
F-1
F-3
G-1
Councilmembers Hruska moved, McConnell seconded, to approve the transfer of
the On -Sale Wine and On -Sale Non -Intoxicating Malt Liquor License to Yassou,
Incorporated DBA Zorbas. Ayes (7), Nays (0). Motion carried.
Councilmember Evans moved, Hruska seconded, to reject the bid from Boyer
Ford, Incorporated for failure to meet specifications for two 54,000 GVW Dump
Trucks and adopt Resolution No. 063-96 accepting the bid in the amount of
$125,824.72 from Interstate Motor Trucks, Incorporated for two 54,000 GVW
Dump Trucks and adopt Resolution No. 064-96 accepting the bid in the amount
of $94,988.80 from Boyer Ford, Incorporated for two 36,000 GVW Dump Trucks.
Ayes (7), Nays (0). Motion carried.
Councilmember Senjem moved, Evans seconded, to adopt Resolution No. 065-
96 authorizing staff to settle the acquisition of Lot 1, Block 4, Willow Center
Subdivision in the amount of $9,300.00 for the signalization project at 40th Street
and Highway 63 South. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh moved, Senjem seconded, to adopt Resolution No.
066-96 authorizing the City Clerk to advertise for bids to be received on February
28, 1996 for Project 8215-24-96 - J-2594 "Architectural Improvements for NW
Stair Tower - 2nd Street Ramp" and transfer funds from the Parking Enterprise
Fund. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh moved, Senjem seconded, to adopt Resolution No.
067-96 ordering a feasibility report for Project No. 6204-2-95 J-2244
"Reconstruction and Widening of 4th Street S.E. from 11th Avenue S.E. to 12th
Avenue S.E." and Resolution No. 068-96 receiving the feasibility report and
ordering a hearing to be held on March 4, 1996. Ayes (7), Nays (0). Motion
carried.
Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 069-
96 authorizing the City Clerk to advertise for bids on February 28, 1996 for
Project No. 9553 J-6321 "Traffic Signal Modifications - 3rd Avenue N.W. and
Elton Hills Drive". Ayes (7), Nays (0). Motion carried.
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 (Arnold Bomgaars -
south and west of East Circle Drive) was given a first reading.
An Ordinance rezoning certain property to M-1 and amending Ordinance no.
2785, known as the Zoning Ordinance and Land Development Manual of the City
of Rochester, Minnesota (Thomas Moore property at St. Bridget Road S.E.) was
given a second reading. Councilmember Hruska moved, Stobaugh seconded, to
adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to remove from the
table the acquisition of the TH 63 access opening serving the South Pointe
Subdivision. 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. 3 - February 5, 1996 4607
Agenda
Item
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
070-96 authorizing the Public Works Department to acquire, on behalf of
MnDOT, the access opening serving the South Pointe Subdivision and to
prepare agreements with both McDOT and All Pointe Development. Ayes (7),
Nays (0). Motion carried.
H-1 Councilmembers McConnell moved, Stobaugh seconded, to revise Resolution
No. 019-96 to add a condition #5 to assess the progress of the project by
Western Walls after 16 years. Discussion.
Councilmembers discussed back and forth on the number of years that it might
take to develop the lake, the need for an assessment period to allow future
Councils an opportunity to take a look at the progress, a future general
development plan for the area, whether this was a review only, and a concern
that all three petitioners have the same qualifications for review. Some
councilmembers suggested that perhaps 20 to 25 years might be a more
reasonable assessment of time.
Councilmembers McConnell retracted his motion, Stobaugh his second.
After much further discussion, Councilmembers Stobaugh moved, Senjem
seconded, to adopt Resolution No. 71-96 approving the Conditional Use Permit
for Western Walls and adding Condition #5 to the list of conditions requiring that
a boundary of the mining activity must be provided to the Common Council after
eighteen years to allow the Council to assess the progress of the project and to
determine whether to allow the conditional use permit to continue in effect. Ayes
(6), Nays (1). Councilmember Hruska voted nay. Motion carried.
B-6 Councilmembers Evans moved, Hruska seconded, to remove item B-6,
Rochester Sand and Gravel Conditional Use Permit, from the table. Ayes (7),
Nays (0). Motion carried.
Councilmembers Hruska moved, Stobaugh seconded, to adopt Resolution No.
72-96 approving the Type III, Phase III Conditional Use Permit by Rochester
Sand & Gravel to expand a sand and gravel extraction area located west of TH
52, directly west of Vogel Outdoor Advertising with the nine conditions, including
a 50' setback as required, and adding condition #10 to allow the Council to
assess the project after an eighteen -year period and to determine whether to
allow the conditional use permit to continue in effect. Ayes (7), Nays (0). Motion
carried.
Councilmembers Stobaugh moved, Hruska seconded, to adopt Resolution No.
73-96 amending Resolution No. 563-95 granting a conditional use permit to First
Trust Rochester - Fiegel Trust amending the sixth condition to allow the Council
to assess the progress of the project after eighteen years to determine whether
to allow the conditional use permit to continue in effect. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
46OH CITY OF ROCHESTER, MINNESOTA
Reg! liar Meeting No 3 - Fehr, lary 5, 199A
Agenda
Item
H-2
Councilmember Senjem moved, Evans seconded, to go on record supporting the
school bond referendum for Tuesday, February 13, 1996. Ayes (6), Nays (0),
Abstain (1). Councilmember McConnell abstained noting that he was for the
referendum but abstaining because of the separation of power. Motion carried.
Having no further business Councilmembers Evans moved, Hruska seconded, to
adjourn the meeting. Ayes (7), Nays (0). Motion carried.
eputy City Clerk
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