HomeMy WebLinkAbout08-02-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
4130 Regular Meeting No. 5 - August 2. 1993
Agenda
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President Selby called the meeting to order at 7:00 P.M., the follow•
ing members being present: President Selby,Councilmembers Evans,
Hunziker, McConnell, Myhrom and Senjem. Absent: Councilmember Canfie'
A Hearing on the Application for State Transit Assistance for CY
1994. Having no one present that wished to be heard, President
Selby closed the hearing. McConnell moved, Hunziker second to
adopt Resolution No. 370-93 approving the application for State
Transit assistance for CY 1994 regular route transit and CY 1994
ZIPS dial -a- ride and execution of any subsequent contracts.
Ayes (6), Nays (0).Motion carried.
A Hearing on the Amendment of the 1992 FINAL STATEMENT - Community
Development Block Grant Program as follows:
$28,000 from the existing 1992-2071 HRA Blight Removal Program
leaving a balance of $82,341.69 and $20,000 from the exist. 1992-1991
Contingency Activity leaving a balance of $4,272.45. Ayes (6),
Nays (0).Motion carried.
A Hearing on the Proposed Final Plat of Diamond Ridge Six.
Wishing to be heard was Robert DeWitz of 602 llth Avenue N. W.
and was present for any questions the Council may have. Having
no one else present that wished to be heard, President Selby closed
the hearing. McConnell moved, Senjem second to adopt Resolution No.
371-93 approving the plat. Ayes (6), Nays(0).Motion carried.
A hearing on the Zone Change request from the R-1 District to the
M-1 District on Approx. 200 acres located directly north of the
Rochester Municipal Airport. This was a continued hearing from
the July 19, 1993 meeting. Wishing to be heard was Leon DeCook of
7000 22nd Avenue S.W. and would like to have this zone left as
R-1. He has a golf course in the area and would like to be able to
put up single family houses. If this was changed, he would be
denied the right to develop his land. He stated that recently a house
near the airport sold for over $100,000. The people did not seem
to be bothered by the proposed airplane noise. Mr. DeCook stated
that if Airport Zone A would be changed and extend further onto his
property, then he would probably ask for compensation. He is opposes
to changing the zone.
President Selby asked Steven Leqve, Airport Manager if the noise
easements have been drafted. Mr. Leqve referred this question to
the City Attorney who said that it would be possible to draft a
noise easement and covenants but that he would like to have a meetin
with the attorneys: representing Mr. DeCook and Mr. Reynolds as
will be mentioned in item B-5 and draft workable language.
Wishing to be heard was Fred Suhler, Jr., Attorney for Leon DeCook
He stated that he had not seen the letter written by Terry Adkins,
City Attorney and John Arnold, Attorney for Item B-5 (Randy Reynolds
on the easements/covenants ). He would like to have a chance to read
this letter and comment at that time.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 2, 1993 4131
Agenda
Item
B-4 Having no one else present that wished to be heard, President Selby
closed the hearing. After Council discussion, Myhrom moved, Evans
second to approve this subject to the City Attorney getting together
with the attorneys- and draw up the easements/covenants and noise
restrictions that is pertinent to this zone change. Ayes (6),
Nays (0).Motion carried. Senjem moved, Evans second to table the
action on the zone change until September 8, 1993 meeting. Ayes (6),
Nays (0).Motion carried.
B-5 A Hearing on the Land Use Plan Amendment from the Low Density Res-
idential Designation to a Nonresidential Designation and Zone
Change request from the R-1 Dist. to a Nonresidential Dist.
Wishing to be heard was John Arnold, Attorney, Norwest Center,
Rochester, Mn. He represents Randy Reynolds. He stated that he
would like to go forward and implement the easements and covenants.
He thinks this will solve the problem allowing homeowners and future
buyers of the homes knowledge that noise exists. He would also
like to have considered is the insulation that may be put into a
new home being built. This buffers the noise for the occupants of
said home.
Wishing to be heard was Jo Russell of 5900 llth Avenue S. W. She
lived in her home for 25 years and the airport noise never bothered
her. She states that Runway 220 is only used once in a while.
She is opposed to this change.
Councilmember McConnell asked Steve Leqve what would happen if the
airport site is located in Dakota Co. and. Rochester would not
need to be concerend about additional air traffic and noise.
Mr. Leqve stated that that particular problem would not affect
this zoning. Possible expansion and use of the Rochester Airport
for cargo and military will probably come but be in the future
years. We are looking at the next 20+ years before a new twin
city airport is built.
Wishing to be heard was Ralph Russell of 5900 llth Avenue S.W.
and is opposed. He stated that even with Runway 220 being extended,
in his estimation, that runway would still not be used.
Having no one else_ present that wished to be heard, President Selby
closed -the hearing,, Myhrom moved, McConnell second to,.,appro'v.e this
change subject to,the. attorneys :getting -toget�er7a_nd draw up the
easzments/covehants and,'noi se res`tr�icti.ons that s pertinent, -to this,
zone change. `,Ayes (6)-, Nays, .(a).;:Motion carri:ed. _'-Munz-i-ker moved,
Sen jem second .to table ,-act_ b.n..-.on the actual' zone change until ` the
September 8, 1993 meeting: Ayes (6), Nays (0).Motion carried.
C-1 TSPRi j eW AV40g kfliMrAygpgAd' io%ppSdtk� �guj8pSS l the
July 19, 1993 meeting.and the following C Items.
C-2 The following licenses and bonds are submitted:
Cigarettes - over the Counter
Candor, Inc. DBA Mr P's Family Market of 1402 N. Bdwy and 1652 Hwy 5;
The Sky Shop of Rochester, LLC - Rochester, Municipal Airport.
Gambling - Turn in Poachers (TIP) Raffle-8-16-93 Elks Lodge
Rochester Men's Ducks Unlimited - Raffle 9-9-93 Kahler Hotel
Sound Amplification - Peanuts Grill and Bar - 7-23-93.
Misc. - 5K Race by Ronald McDonald House - 8-13-93.
N.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4132 Regular Meeting No. 5 - August 2, 1993
Agenda
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Approval of a Sound Amplification Device Permit - Olmsted Co. Fair.
August 2, thru 8, 1993 and waive the time restriction to 1:30 A.M.
each evening. Resolution No. 372-93 was adopted.
Approve the Accounts Payable in the amount of $1,268,840.96 (list
on file with the City Clerk.)
Adopt Resolution No. 373-93 closing completed improvement accounts
(projects ) and transferring unexpended balances pursuant to Mn.
Statutes Sec. 429.091, Subd. 4.
Approve the following appointment to the Library Board of Paul E.
Horgen of 2341 Wilshire Lane N.E. for a term to expire Jan. 1994.
Adopt Resolution No. 374-93 setting a hearing for September 8, 1993
on the proposed vacation of a 10' wide utility easement located in Loi
1 and 2, Blk 1, Belle Meade Plantation Sub. - NW cor of 26th Ave. N.W.
and Co. Rd. 4 ( 19th Ave. ).
Adopt Resolution No. 375-93 authorizing the City Clerk to advertise
for bids on Project 7106-93 J 9263 - Bit. Overlay,Curb and Gutter
on East Frontage TH 52, 41st St. N.W. to 500 Ft. N. of Pennington Ct.
N.W.
Adopt Resolution No. 376-93 authorizing the City Clerk to advertise
for bids on Project No. 6316-4-93 J 2296 and Project No. 6311-4-94
J 2297 Replacing a Bridge Deck on Bridge No. 55501 and 55502 on 16th
Avenue N.-W. over Cascade Creek and llth Avenue N. W. over Cascade
Creek. ( Since the time of adoption of Res. Bridge 55501 - 16th Ave.
N.W. has been dropped from the request.)
Adopt Resolution No. 377-93 authorizing the City Clerk to advertise
for bids on Project 6207-4-93 J 2125 - Resurfacing of 7th St. N.W.
llth Ave. N.W. to the Dakota, Mn. and E RR Tracks near Trunk Hwy
14. Bids to be opened at 11:00 A.M. on Sept. 1, 1993.
Adopt Resolution No. 378-93 authorizing the City Clerk to advertise
fcr bids on Project No. 6200-1-90A J 4873; Project 6316-4-93A J 2296
Project No. 6311-4-94A J 2297 and Project No. 6311-1-93A V" 2291
Lead Base Paint Removal and Recoating of Steel Girders and Pile
Shells on Bridges at various locations. Bids to be opened at 11:00
A.M. on Sept. 1, 1993.
Adopt Resolution No. 379-93 deleting para. 2.5 ( Textile Care
and reserve parking in the E-W Alley at 217 1st Avenue S.W.
and Para 3.4 (L.E.C.) reserve parking on 1st St. S.W./500 Blk.
Ayes (6), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resolution No. 380-93
approving the partial acquisition of Rossi Auto Body Property/Stage
4 Corps Projects in the amount of $1,850.00. Ayes (6), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No 5- AugustT993 4133
Agenda
Item
E-2 Hunziker moved; Myhrom second to approve the City cost sharing in the
37th Street river gauge - South Fork Zumbro River. Ayes (6), Nays
(0).Motion carried.
E-3 McConnell moved, Myhrom second to adopt Resolution No. 381-93
approving the State Aid Agreement for Code Improvements for the
Emergency Management/ Weather Bureau at the Rochester Municipal,
Airport. Ayes (6), Nays (0).Motion carried.
E-4 Senjem moved, McConnell second to adopt Resolution No. 382-93
approving the Change Order No. 1 - Watermain Project with Elcor
Construction at the Rochester Municipal Airport. This is a
REDUCTION of $6,000.00 and $288.73 respectively. The Revised
contract amount is $207,376.77 from the Original of $213,665.50.
Ayes (6), Nays (0).Motion carried.
E-5 Myhrom moved, Evans second to adopt Resolution No. 383-93 approving
a Change Order No. 1 Air Conditioning upgrade for Rochester
Plumbing and Heating in the amount of $1,328.00 for a total
revised contract of $124,428.00. This is for the Rochester Municipal
Airport. Ayes (6), Nays (0).Motion carried.
E-6 McConnell moved, Myhrom second to adopt Resolution No. 384-93
approving the transfer of the Gift Shop Lease at the Rochester
Municipal Airport from Sky Shop, Connie Gilk to the Sky Shop,
RST,LLC - William Kolb and Marcy Sexton. Lease runs to Aug. 31,1994.
Ayes (6), Nays (0).Motion carried.
E-7 Hunziker moved, Evans second to adopt Resolution No. 385-93 approvin(
Change Order No. 1 - W.A.Kreofsky - Phase II Office Remodeling -
Terminal Building in the amount of $1,457.00. The revised total
is $159,757.00. This is for the Rochester Municipal Airport.
Ayes (6), Nays (0).Motion carried.
E-8 Evans moved, McConnell second to adopt Resolution No. 386-93 awardinc
the low bid of $3,975.00 submitted by Himec, Inc. of Rochester for
'installing a sprinkling system in the basement area of the Emergency
Management Bldg./Weather Bureau.
Resolution No. 387-93 awarding the low bid of $12,055.00 to Floyd
Larson Const. Co.for'ifns�t alling Exterior stairs from basement to
ground level at the Emergency Management Bldg./Weather Bureau at
the Rochester Municipal Airport. Ayes (6), Nays (0).Motion carried.
Councilmember Senjem commented that he would rather see the main
terminal better sprinkled then the basement.
E-9 Senjem moved, Hunziker second to adopt Resolution No. 388-93 approv-
ing a resolution of the Public Utility Board
authorizing the Rochester Public Utility to become a full particip-
ation member in the Mid -Continent Area Power Pool (MAPP).This
motion is a different motion than stated on the July 19, 1993
meeting in that it did not attach a condition. Ayes (6), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4134 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - Augsut 2, 1993
Agenda
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Evans moved, Hunziker second to amend RCO 117.06 Sub. 2 to allow
waiving distance restrictions on a case by case basis on Sound
Amplification Devices. The City Attorney will draft an Ordinance
approving this request. Ayes (6), Nays (0).Motion carried.
Evans moved, McConnell second to approve the transfer of the Off -
Sale 3.2 Beer from Gateway Foods to Cindor, Inc. for Mr. P's
Family Markets at two locations - 1402 N. Bdwy and 1652 Hwy 52 N.
Ayes (6), Nays (0).Motion carried.
Senjem moved, Myhrom second to approve the increased pension benefit
pursuant to Laws 1993 Chapter 352 for the members of the consolidat
plan who select the PERA police and fire benefit. Ayes (6), Nays
(0).Motion carried.
McConnell moved, Hunziker second to adopt Resolution No. 389-93
approving the hiring of the Mechanic's Assistant. in the Police
Dept. This is contingent on a signed agreement providing for
maintenance service for the City being reached between the City
and County. Ayes (6), Nays (0).Motion carried.
Hunziker moved., Evans second to adopt Resolution No. 390-93
authorizing the filling of the Office Assessments Manager and
Director of Public Services positions. Ayes (6), Nays (0).Motion
carried.
Hunziker moved, McConnell second to adopt Resolution No. 391-93
authorizing the filling of the Shift Foreman position of Silver
Lake Plant for the Rochester Public Utility. Ayes (6), Nays (0).
Motion carried.
Hunziker moved, Senjem second to adopt Resolution No. 392-93
approving the Wetland Replacement Plan for Arends Ind. Park First Sul
Lots 12,13 and 14 and incorporate the technical panel comments into 1
approval. Ayes (6), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resoltuion No. 393-93
,proving authority for the City Attorney to initiate eminent domain
proceedings for the purpose of acquiring the necessary land rights
for the East River Road street improvement project. Ayes (6),
Nays (0).Motion carried.
HunzIker moved, Myhrom second to adopt Resolution No. 394-93
authorizing the payment of $7,810.00 to Richard and Norma Larson
for the acquisition of 8,327 sq. feet.in permanent channel easement
on 828 9th Avenue S.E. Ayes (6), Nays (0).Motion carried.
McConnell moved, Senjem second to adopt Resolution No. 395-93
authorizing the City to Quit Claim .66 acres of City property
in Sec. 17-107-14 to Olmsted Co. to construct a pedestrian bridge
over CSAH No. 22. Ayes (6), Nays (0).Motion carried.
:he
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 2, 1993 4135
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E-20 Hunziker moved, Myhrom second to adopt Resolution No. 396-93
approving the purchase of 10,360 Sq. Ft lot adjacent to Blk 15,
Cumming's Addition in fee simple title from Margie White for the
amount of $1,200.00. Ayes (6), Nays (0).Motion carried.
E-21 Senjem moved, Evans second to adopt Resolution No. 397-93 approving
the purchase of 25,495 sq. ft. of undeveloped land in Auditor's
Plat "B" in fee simple title from James Woodruff for $10,400.00,
This is for Parcel 347A S Army Corps of Eng. Flood Control Project.
Ayes (6), Nays (0).Motion carried.
E-22 Evans moved, Senjem second to adopt Resolution No. 398-93 approving
the purchase of 615 sq. ft. of developed land in Lot 6, Blk 9
Manley's Sub. in fee simple title for $800.00. This"is for parcel
330/US Army Corps of Eng. Flood Control Project. Ayes (6), Nays (0).
Motion carried.
E-23 Hunziker moved, Evans second to adopt Resolution No. 399-93 awarding
the low bid of $92,465.00 per unit for up to three buses. This
is with Minnesota Body and Equipment. Ayes (6), Nays (0).motion
carried.
E-24 Hunziker moved, Evans second to adopt Resolution No. 400-93 and
401-93 receiving the feasibility report and ordering a public
hearing to be held on September 8, 1993 on Project No. 9304-A J 9287
Reconstruction of East-West Alley in Block 12 West Zumbro Addition
from 19th Avenue N.W. to approx. 330 Ft. West. Ayes (6), Nays (0).
Motion carried.
E-25 McConnell moved, Hunziker second to adopt Resolution No. 402-93
awarding the low bid of $434,385.40 submitted by Rochester Sand and
Gravel for Project No. 6219-4-93 J 9269 - Grad, Base, Bit. Surf.
Con. Curb and Gutter, San. Sewer, St. Sewer and Watermain in 19th St.
from Cty State Aid Hwy No. 4 to West of 32nd Ave. N.W. Ayes (6),
Nays (0).Motion carried.
E-26 Evans moved, Hunziker second to adopt Resolution No. 403-93 adding
paragraph (302) to Sec. B No Parking Zones of the Comp. Traffic and
Parking res. book to read: (302) - Bandel Road N. W. on both sides
from 55th Street N.W. to the City Limits at all times. Ayes (6),
Nays (0).Motion carried.
E-27 Hunziker moved, Senjem second to
approving the following revocable
St. S.W. subject to the following
1. Approval of final construction
2. Edina Realty naming the City a
holding the City harmless from an
the encroachments i-nto the ROW an
permit.
adopt Resolution No. 404-93
permit for Edina Realty at 620 1st
conditions:
plans by the Public Services Dept.
s an additional insured party or
y future liability resulting from
d the granting of the revocable
3. Edina Realty holding the City harmless from any damage to Edina
Realty facilities located within public ROW resulting from the
repair , replacement or maintenance of the alley and utilities.
Ayes (6), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4136 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 2, 1993
Agenda
Item
E-28 Hunziker moved, McConnell second to adopt Resolution No. 405-93
approving of the Steam Service Agreement between Olmsted Co. and
the City of Rochester for the Mayo Civic Center. Ayes (6), Nays (0).
Motion carried.
F-1 An Ordinance Amending Sec. 117.06 of the Roch.Code of Ord. relating
to Special Restrictions on the Issuance of a Sound Device or ApparatL
Permit was given its first reading. Hunziker moved, McConnell seconc
to suspend the rules and give this Ordinance a second reading.
Upon Roll Call vote, Councilmembers Evans, Hunziker, McConnell,
Myhrom, Senjem and President Selby voted aye. Ayes (6),Nays (0).
Motion carried. The Ordinance was given its second reading.
Hunziker moved, Evans second to adopt the Ordinance as read.
Ayes (6), Nays (0).Motion carried.
F-1 An Ordinance Annexing to the City a portion of the SE1/4 of SE 1/4 of
Sec. 8, a portion of the N 1/2 NE 1/4 of Sec. 17 and a portion of the
NE 1/4 of the NE 1/4 of Sec. 25 T107NR14W 33.68 acres in all was
given its second reading. McConnell mvoed, Senjem second to adopt
the.Ordinance as read. Ayes (6), Nays (0).Motion carried.
F-1 An Ordinance annexing to the City a portion of the NW 1/4 of NW 1/4
of Sec. 30 all of the W 1/2 of the SW 1/4 of Sec. 32, a portion
of the SW 1/4 of the NW 1/4 of Sec. 32, all of the SE 1/4 of Sec.
31 and a portion ofthe S 1/2 of the NE 1/4 of Sec. 31, T107N R13W
containing 325.2 acres in all was given its second reading. Evans
m-bved, Hunziker second to adopt the Ordinance as read. Ayes (6),
Nays (0).Motion carried.
F-1 McConnell moved, Hunziker second to approve the Owner Contract
with McGhie and Betts for Basic Construction in Diamond Ridge 6th
Sub., Western Walls, Inc. Ayes (6), Nays (0).Motion carried.
G-1 Myhrom moved, Hunziker second to remove the Request for On Sale Liquor
(Exclusive) license for Torenia, Inc. DBA Maggie's. Wishing to be
heard was Stephanie Hallbakken of 2527 15th St. S. E. and stated that
she has an apartment house at 417 Third Avenue S. E. and has concerns
about this bar going in across the street.She says that they will
not have enough parking and is worried about the traffic.
Councilmember Hunziker stated that he is concerned about the
traffic generated, parking and the proper ingress and egress.
Jane Kansier, Planning Dept. stated that buffers and the parking
should show on the preliminary site plan which has not been sub-
mitted to them at this point. Councilmember Hunziker also stated
the neighbors are concerned about their own parking and who will
monitor the parking in front of their establishments. They might
have to hire private security for their own parking and he somehow
does not think that this is a fair -burden- for the present land
owners. He also thinks that this is a poor location for a bar.,
McConnell agreed with Councilmember Hunziker. Wishing to be heard
was Paul Myhrom and he stated that he will vote for this because
this should not have any more traffic as any other thing in the area.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 2, 1993 4137
Agenda
Item
G-1 He supports the idea of a sports bar - it would have a good
reputable owner who takes care of his property. Councilmember Myhrom
has property near this and they have been a good neighbor. He stated
that they already built a fence in "Good Faith and will continue
to go ahead with his plans.
Councilmember Hunziker has concerns on what the property will look
like and how this bar location will affect the neighborhood.
Councilmember Evans is in favor of this location for a bar.
Dave Patterson of Rochester (Realtor ) said that this location
is O.K. for a bar. He has affiliations with the apartment house
across the street and he would not mind hiring security for parking
if it becomes a problem.
President Selby questioned the parking spaces of Domino's Pizza
and how would they be handled. Mr. Patterson stated that they should
have no problems. Maggies now has' 49 spaces for parking.
Councilmember Hunziker stated that he doesn't believe this area
is a bad neighborhood but believes that this could cause problems.
Parking is going down and not up. It is .a poor location. He is
not denying them the right to do business in the City, just this
location is bad.
Councilmember Myhrom stated that he thinks this will improve the
neighborhood and parking is available within three blocks of this
business. He wanted to have the Council think " Where is a good
location for a bar?"
Having no further discussion,.Senjem moved, Hunziker second to
set up a hearing for August 16, 1993 to receive information on why
this is a poor or good location for this business.. Resolution No.
407-93 was adopted. Ayes (6), Nays (0).Motion carried.
Having no further business, Senjem moved, Myhrom second to adjourn
the meeting. Ayes (6), Nays (0).Motion carried.
City Clerk