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HomeMy WebLinkAbout09-08-19934150 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1993 A-1 President Selby called the meeting to order at 7:00 P.M., the follow. ing members being present: President Selby, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. B-1 A Hearing on the proposed vacation of a 10' wide utility easement located in Lots 1 and 2 Block 1, Belle Meade Plantation - Thomas and Katherine Rowe. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Evans second to adopt Resolution No. 449-93 approving the vacation. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed vacation of a 5' wide utility easement on the east side of Lot 13 and the north 65' of the 5 ' wide utility easement located along Lot 2R in Blk 1, Bielenberg and Geise Third ( Jeffrey and Gail Boigenzahn ). Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, McConnell second to adopt Resolution No. 450-93 approving the vacation.Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed project No. 9304-A, J 9287- Reconstruction of East-West Alley in .Block 12, West Zumbro Addition from 19th Ave. S.W. to approx. 33 Feet West. Wishing to be heard was Leona Kaleas of 1922 1st St. S.W. and was concerned that when this alley is constructed it be done in such a way that it will not drain in or near her lawn. Public Services Dept. stated that they would design the alley so that it would "V" shape in the middle of the alley and thus not pond in her yard. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resoltuion No. 451-93 approving the project. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Appeal 93-3 by Kathaleen Fielden for the Coalition against Casey's appealing the decision of the Zoning Board of Appeal to grant a variance request. A Petition against this zoning was presented before the Council meeting. This contained approx. 66 names. Wishing to be heard was Sam Volchenboum of 4522 17th Avenue N. W. He asked people in the audience who are opposed to having "Caseys" put in the area and are opposed to the driveway on 45th Street to please stand. There were approximately 100 present. They do not want a driveway on 45th St. Wishing to be heard was Kathaleen Fielden of 4516 17th Avenue N. W. and is opposed to having this driveway put on 45th. Traffic is hazardous at the corner and this would not be located far from the corner. She would prefer Casey's not come in at all, she stated that many other businesses could be located in the zone which would look nicer and have far less traffic than a convenience store. Wishing to be heard was Ann Lafee of 1627 46th St. N.W., Margaret Messing, 1609 46th St. N. W., A resident of 1650 46th St. N.W.; Katy Domaille of 1622 46th St. N.W.; Eva Podedworny of 4502 17 Avenue 1. W.; Suzanne Greenleaf of 1068 Plummer Lane S.W.; They -are all opposed to this driveway being put in 45th St. 1 RECORD OF OFFICIAL -PROCEEDINGS OF THE COMMON COUNCIL CITY.OF ROCHESTER, MINNESOTA Regular Meeting No. 8 = September 8, 1993 4151 Agenda Item B-4 Wishing to be heard was Doug Beach, Ron Bailey and Les Komuse all representing Casey's Store and are requesting the driveway to be put in on 45th St. Mr. Beach explained that Casey's has a clean courtesy and friendly theme that they try to live by plus they do put up nice looking buildings that would enhance a neighborhood. They would be spending 1 - land 1/2 million locally to start this business and they would be hiring 7-12 people to work in this place. He urged the Council to allow them to put this driveway in and that this would only aid in traffic flow. President Selby asked Mr. Beach if he had looked at the close location of another convenience store when he looked at this site. Mr. Beach stated that he had and that the growth of this community would allow them to build successfully in this area. Councilmember McConnell asked why they insisted on building in an area where they are not welcome. ". There are plenty of places that you can build in Rochester where you would-be welcome". Mr. Beach stated that he was not aware of this opposition until they had approx. $20,000 invested and he still -feels that this is a good place. Ron Bailey of Yaggy Colby was present and stated that according to the zoning code, this Casey's store is allowed in the area. The matter before the Council is the placement of the driveway. He stated that Casey's can survive with just having traffic off from 18th Ave. However to make things flow evenly, having an access to 45th St. would be ideal. He presented maps on how this would work. Mr. Bailey also stated that in answer to the question of one of the people opposing to this was in regard to many heavy trucks delivering groceries, gas, etc. Picking up garbage etc. was not welcome in the neighborhood. Casey's wish this would be the case as it would mean lots of business for them. However, a reminder that this is just a convenience store and that they do not sell large quantities of things. Trucks delivering would only be coming once a week and a bread delivery truck maybe twice, but they are not that big - Mr. Bailey=went over other uses that could have been allowed in the area. Mr. Bailey also mentioned that he stated that 45th Street is a local residential street and he had stated that he would not object to "no parking on the street" but he stated that he did not request from anyone to "remove" parking. If this was.suggested, it was not by himself. Mr. Bailey urged the Council to deny the appeal and allow Casey's to continue and use 45th Street for an access. He stated that there is no good short cut thru the neighborhood anyway so people would probably still use 18th Avenue ( Frontage Road) to get to Casey's. Councilmember Senjem wondered if.this access from 45th Street is really a necessity or simply a convenience for the store to use. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 452 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1993 Agenda Item B-4 Mr. Bailey stated that the putting a driveway on 45th would make the intersection a safer intersection. Getting in and out of the area would pose a hardship on their store if this was just left on 18th Ave. It is not just for convenience. Wishing to be heard was Les Kamose of Operations Dept. Casey's - Ankeny, Iowa. He would like to clear up a few neighborhood misconceptions of the store. It is a family type, clean business no videos, etc. They do not tolerate loitering and they hope to only use what traffic is already in the neighborhood - they do not draw traffic from other areas, they wou.ld not come to thei-r store. - it is only convenience for the people in the area to shop. He stated the hours in other Casey's -are 7-11 or 6-11 and no exceptions. He urged the Council to allow them to use 45th St. as an access. Wishing to speak in favor of the store was George Margellos of 1618 45th St. N. W. He loves to go down to the "local store". He has lived in the area 18 months and suggests that a nice fence around the store would be a nice feature. Others speaking in opposition were Shawn Lanbeth of 1525 46th St. N.W. DeVaugn Rockham of 4344 Cimarron Court. They still think allowing an access off 45th Street will create traffic back up and they do not want any noise from trucks delivering etc. Sam Volchenboum of 4522 17th Avenue N. W. stated that the Zoning Board did not find reasonable use and is urging the Council not to allow access to 45th and approve their appeal. Candace McE-l-roy of 1615 46th St. N. W. stated that the bike path also ends there and it would be difficult to cross for those people using this path. It would be dangerous.Having no one else present that wished t be heard, President Selby closed the hearing. Ron Livingston of the Planning and Zoning Dept. stated that when this was considered by the Zoning Board, all four elements were considered as factors when they allowed access to 45th St. But the Council does not have to agree with the four " Findings of Fact " that the Zoning Board found. The Council does indeed have to justify all of the four "Facts of Findings". Senjem moved,, McConnell second to Direct the City Attorney to prepare facts of findings to deny the variance of granting use of 45th Street as an access as approved by the Zoning Board of Appeals. and have these prepared for consideration by the Council at the next meeting. Upon roll call vote, Councilmembers Canfield, Evans, Hunziker, and Myhrom voted nay. Nays (4), Councilmember McConnell, Senjem and President Selby voted aye. Ayes (3), Motion to reverse the decision of the Board of Appeal did not carry. Councilmember Canfield stated that the Zoning Board of Appeals look at the safety part of this request and the logical turning patterns of cars, etc. He is in favor of approving the "findings of the Zoning Board of Appeals" and grant this request. I- I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meeting No. 8 - September 8. 1993 415 3 Agenda Item B-4 Councilmember Myhrom was in agreement with Councilmember Canfield that safety is a fact in this case to approve this access on 45th St. Councilmember Hunziker stated that to take a variance and use it as a reason to.deny a business over a curb cut is not a reason in his mind as a proper use for a reason. He feels that safety is a fact that should be considered. Useing this to discourage a business from coming in an area is not what this is all about. Councilmember Senjem stated that we owe it to the citizens and Council to take this matter back to the Zoning Board of Appeals for claification on "facts of findings" etc. Senjem moved, McConnell second to have the Zoning Board of Appeals take this matter back and clarify their findings and then refer this to the Council with those clarifications. Upon Roll call vote, Councilmember Canfield, Evans, Hunziker, Myhrom and. President Selby voted nay. Nays (5), Ayes (2), Councilmember McConnell and Senjem voted aye. Motion did not carry. Hunziker moved, Canfield second to Uphold the decision of the Zoning Board of Appeals to grant the variance request and instruct the City Attorney to prepare "Facts of Findings" to be presented at the next Council meeting. Ayes (6), Nays (1). Councilmember Senjem voted Nay. Motion carried. McConnell m-oved, Evans second to approve the Consent Agenda C-1-9 as follows: C-1 Approve the minutes of the August 16 and 19, 1993 meetings. C-2 Approve the following licenses and bonds: Auctions: - B'nai Israel Synagogue-.9-11-93., Bill Klein - Oriental rugs at Crossroads Shopping Center 9-4-9-6, 1993. Gambling - Mt. Frontenac National Ski Patrol - 10-24-93 and Hiawatha Homes Foundation - Raffle at Mayo Civic Center 11-28-93. Amplified Sound Permit - 921 Club - 9-5-93 and Bethany United Methodist Church - Rally Day - 9-12-93 - Richard and Cindy Huso Neighborhood block party. Auctions Grafe Auction Co. for Universal Power and Marine 9-18-93 Cigarettes - over the Counter - Apollo Conoco Service Station. Misc. - Rochester Track Club - 7 mile race 11-6-93 and Take Back the Night - Rapeline . C-3 Approve the Accounts Payable in the amount of $6,340,158.68. List on file with the City Clerk. C-4 Adopt'Resolutions 453-93,,;454-93 and 455-93 authorizing the City Clerk to advertise for bids on Liquid aluminum sulfite and anhydrous ferric chloride for the Water Rec. Plant and Gasoline and diesel fuel in tankwagon - Bids to be opened at 11:00 A.M. on Sept. 28, 1993. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4154, CITY OF ROCHESTER, MINNESOTA Re;ularMeeting Nn_ $ - Sep+Pmher 8, 1991 Agenda Item C-5 Approve the appointment to' the Police Civil: -Service Commission of Joy Fogarty of 180 Salem Point Dr. S.W. - Term will run to April 1, 1996. C-6 Adopt Resolutions No. 456-93 and 457-93 declaring the costs to be assessed and ordering a public hearing to be held on October 4, 1993 on Project No. 6251- J 8569 - Previously Postponed Assessments to High Level Water Tower and Connecting Watermain to serve S.W. High Level Dist. North of Salem Rd. S.W. and E of CSAH No. 122. C-7 Adopt Resolution No. 458-93 approving revocation of MSAS No. 129, PP 9 Second St. N.E. from Broadway to Civic Center Dr. ( formerly 2nd Ave. N.E.) subject to the approval of the Commissioner of Trans. of the State of Mn. C-7 Adopt Resolution No. 459-93 approving adding Para. 219.5 to Sec. B No Parking Zones of the Comp. Traffic and Parking Res. Book to read. 16th Avenue N. W. on the E. side from 1st St. N.W. to S. to the Alley, C-9 Adopt Resolution No. 460-93 approving the adding of Para (43) to Sec. F, Primary Traffic Streets - 48th St. N.W./ Essex Parkway from 18th Avenue N. W. to West River Rd. Ayes (7), Nays (0).Motion Carried. C-10 Canfield moved, Hunziker second to appoint JErry,: Loftus as the new Fire Chief of the City of Rochester. Upon Roll Call vote, Councilmemb( Canfield, Hunziker, and President Selby voted aye. Ayes (3). Councilmembers Evans, McConnell, Myhrom and Senjem voted nay. Nays (4), Motion did not carry. Councilmember Senjem asked that more information was furnished the Council before being asked to make such a decision. He stated that Gerald Loftus has done a fine job for the City and the Fire. Dept. But, would like more information on the other candidates. He also stated that the Fire Dept. is a fragile situation and does not think the leadership as presented could fill the job. Councilmember Myhrom moved to appoint Rick Lovett as Acting Chief of the City Dept. and allow Larry Eischen, current Acting Chief to retire. Councilmember Hunziker stated that he is a little bit concerned about where Councilmember Myhrom comes up with names. He stated that the Fire Civil Service and other qualified people serving on interview boards come up with a list of qualified people and he feels that the Council should consider them. Councilmember Hunziker wondered "What is going on"? Councilmember Senjem stated that he feels very strongly about whether the candidate could lead the Fire Dept. in the direction it should be. Councilmember Myhrom stated that the men don't have the confidence in the candidate that was chosen from the Civil, Service Comm. and as nominated by the Council to serve as Fire Chief. He feels that rs t RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL t:CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No. 8 - Sept. 8, 1993 4155 Agenda Item C-10 1 there are other qualified people in the Rochester Fire Dept. that could lead them in the right direction. President Selby wanted specifics. Councilmember Senjem stated that he would .like to see a leader take the Fire Dept. into a 21st century dept,.and he does not see this happening -with the candidate that was considered. He saw what the previous Chief went thru when continuity did not exist and even though the candidate would be a good choice, working with the department and having their support is a great part of being chief. Councilmember Evans stated that i-f four Councilmembers just happens not to agree with three of them, that does not make them ignorant and yell at them for having another viewpoint. In a democracy the majority wins, but everyone can speak in a civilized manner. Councilmember McConnell stated that he doesn't care what the Fire Union wants, and thinks Gerald Loftus is a fine person, but he thinks a chief who could serve the department and be able to get along with everyone and take the responsibilities of the Chief is what the Council should be looking for. Councilmember Hunziker stated that a list of three eligible people were presented to the Council tonight. A list from the Fire Civil Service Commission, and the people who interviewed potential candidates. If these names are not acceptable, then.what and whose names do you want? Councilmember Canfield stated that some of the people have admitted they have received information from outside groups.and have been influenced by them. This group is the Fire Union. A Man who has been a loyal employee of the Fire Dept. and has given good service as a head of a department is suddenly incompetent,then he just doesn't know. This man was also well respected in the Fire Dept. and placed 2nd on the list of eligible candidates, he feels this person deserves to serve as Chief. Councilmember Canfield does not appreciate a pressure group. After further discussion by the Council, wishing to be heard was Larry Eischen, Acting Chief of the Fire Dept. He stated that he was Acting Chief when the previous Chief left the dept. He was given that position as "Acting Chief" until a permanent Chief was found. He stated that he has no plans as of yet to retire. Myhrom moved, Evans second to amend the motion to appoint Rick Lovett as Acting Chief and allow Larry Eischen to retire to read: appoint Rick Lovett as Acting Chief of the Fire Dept. ( thus removing the statement " and accept the retirement of Larry Eischen". Ayes (7), Nays (0).Motion carried. The original motion was voted on. Upon Roll call vote, Councilmembers Canfield, Hunziker, and President Selby voted Nay. Nays (3), Councilmembers Evans, McConnell, Myhrom and Senjem voted aye. Ayes (4), Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4156 ' CITY OF ROCHESTER, MINNESOTA Regular Meeting No.8 - September 8, 1993 Agenda Item D-1 Wishing to be heard was Suzanne Tuohy of 3 12th Avenue S. W. She is opposed to the City asking for a Court Order to remove a vehicle stored at her home. This vehicle to stated to be in the late 1980's vintage and is a Mustang. This automobile is in bad repair and has not been moved for years - it is full of clutter and the City wants it removed. Ms. Tuohy stated that this car is operable and that she has put in pillows and foam rubber to keep the leather upholstery from fading in the sun. Councilmember Evans offered to help Ms. Tuohy find a garage and fix the car up so that it would run to such a storage place. Ms. Tuohy stated that she does not want help with her car and that it runs and that the City should leave it alone. Councilmember Canfield asked when the last time was that she moved her car. She said that she started it once a couple of years ago, but,did not drive it. Mayor Hazama stated that it is great of Councilmember Evans to offer to help Ms. Tuohy, but the fact remains that her place is full of junk and that the car is junk and the Mayor himself has spent many many hours working with Ms. Tuohy in getting her problems solved and getting her place cleaned up. She just can't handle it. The City has to go in and help her clean up this place and move the car. Bob Hague, Chief Building Inspector for the City of Rochester and was present and went over the past history of dealing with Ms. Tuohy She just gets lost in the junk she collects and the City has to help her dispose of things that she may consider valuable. Ms. Tuohy just wanted to inform the Council about her car. No action was taken and the City will proceed to allow Building and Safety to help her. E-1 Canfield moved, Myhrom second to adopt Resolution No. 461-93 Certifying the 1994 proposed property tax levy in the amount of $12,717,648. and establish a preliminary 1994 budget to be $110,000,000. and a public hearing to be held on December 8, 1993 on the adoption of the levy and budget for December 20, 1993. Ayes (6), Nays (1). Councilmember McConnell voted nay. Motion carried Councilmember Senjem noted that he would like to see the development of a mailing to the citizens explaining to the citizens how the State's legislative actions affect% the City of Rochester. Council President Selby stated that this was so noted. E-2 McConnell moved, Myhrom second to adopt Resolution No. 462-93 on directing the City Administrator to conduct performance evaluations of department heads and determine the amount of their compensation in compliance with the budget as adopted by the Counnil. The Dept. Head I-. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8, 1993 4157 Agenda Item E-2 compensation should be submitted to the Council for its consideration and approval by way of a public vote. This is effective Jan. 1, 1994. Ayes (6), Nays (1). President Selby voted nay. Motion carried. E-3 Canfield moved, Myhrom second to instruct the City Attorney to prepare an Ordinance in Ethics clarifying the situations in which the elected or appointed officials could accept invitations to grand opening celebrations or other community events where free admission or food.may be a part of the activities. Upon Roll Call vote, Councilmembers Canfield, Evans, Myhrom and Senjem voted aye. Ayes (4), Nays (3). Councilmembers Hunziker, McConnell and President Selby voted nay. Motion carried. E-4 Senjem moved, Evans second to adopt Resolution No. 464-93 approving the Fire Protection Contract with Marion Township. Ayes (7), Nays (0).Motion carried. E-5 Evans moved, Myhrom second to adopt Resolution No. 465-93 approving the revised revocable permit agreement to allow the Hirshfields' signage subject to the terms of the agreement including a guarantee that the signage can be removed as needed at no cost to the City. This will be located at 440 Highway 14 and the footing for the sign is in between a bike path easement and sanitary sewer easement. Present was Dale Ragan who had received the original revocable permit for U.S. Auto and Marine and Bud Hirshfield of.Minneapolis, Mn. and were present for any questions the Council may have. Ayes (7), Nays (0).Motion carried. The State of Mn. withdrew any claim to the easement that this sign is on., This information was given to the Council Assistant City Adm. Gary Neumann. E-6 McConnell moved, Senjem second to adopt Resolution No: 466-93 approving the issuance of a revocable permit to the Aspen's Homeowner Assoc. of Rochester subject to their agreement to the terms and conditions in the Revocable Permit Agreement - for Hal Henderson to construct a basketball court on Outlot B of Aspen's Sub. Ayes (7), Nays (0).Motion carried. E-7 Evans moved, McConnell second to adopt Resolution No. 467-93 approving the Phase I Agreement with the Chateau Plaza Limited Partnership for the redevelopment of the property known as the Chateau Theater. Ayes (7), Nays (0).Motion carried. E-8 Senjem moved, Evans second to approve the purchase of the Yesterday, Today, and Tomorrow mural from SEMVA ata price of $1,800.00. Ayes (6), Nays (1), President Selby voted nay. Motion carried. E-9 McConnell moved, Evans second to adopt Resolution No. 468-93 approving an amendment to the City's contract with Lindberg Pierce Architects giving them an amount of $42,547.00 for design fees related to underground parking in the City Hall ( New building ). Ayes (7), Nays (0).Motion carried. 4158' Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA RPg0 a r MPPt i' nq Nn _ R SeTtemher 8, 1993 Canfield moved, McConnell second to enter into an agreement with McGhie and Betts, Inc. for engineering services for the re- construction of the northwest leg of the main parallel taxiway. This is in the amount of $66,626.40 for Phase I and $112,395.15 for Phase II - paid for 2/3 by the State and 1/3 Local. Ayes (7), Nays (0).Motion carried. Resolution 470-93. Canfield moved, McConnell second to approve Resolution No. 471-93 approving a resolution by the Public Utility Board of an amendment two to contract ICC-IC-C 3548 between Illinois Central RR Co., Soo Line RR Co. and DM&E RR Corp. This would allow.coal to be shipped from new locations. Price is not altered. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to request the City Attorney to prepare an ordinance to repeal RCO 100.0 pertaining to the licensing of auctions and auctioneers. Ayes (7), Nays (0).Motion carried. Hunziker moved, Senjem second to approve the issuance of an On -Sale Wine and On -Sale 3.2 Beer to Rochester Athletic Club located at 3100 19th Street N. W. Ayes (7), Nays (0).Motion carried. McConnell moved, Myhrom second to adopt Resolution No. 472-93 authorizing the filling of the Inspector (Electrical) position in the Building and Safety Dept. Ayes (7), Nays (0).Motion carried. Hunziker moved, Senjem second to instruct the City Attorney to prepare an Ordinance on City initiated 9.31 acres of TH 52 ROW located adjacent to Miracle Mile Shopping Center in Sec. 4 of Cascade Twp. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to instruct the City Attorney to prepare an Ordinance approving by annexation City owned land to be developed for parkland purposes in the NE 1/4 of Sec. 15, Rochester Township, in the Pine Ridge Dev. Ayes (7), Nays (0).Motion carried. Hunziker moved, Myhrom second to instruct the City Attorney to prepare an Ordinance of City owned land to be developed for park purposes located north of Quarry Hill Park and east of Parkwood Hills. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to instruct the City Attorney to prepare an Ordinance for adoption of City owned land known as Joyce Park. This is des. as Outlot 1 of Marvale 6 and Outlot 1 of Marvale 7. Ayes (7), Nays (0).Motion carried. Evans moved, Canfield second to instruct the City Attorney to prepar( an Ordinance approving City initiated annexation of 4.93 acres of 16th St. S.W. ROW 100 percent surrounded'by the City Limits TH 52 and Salem Road in Sec. 10 of Rochester Township. Ayes (7), Nays (0).Motion carried. I. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 8 - September 8. 1993 4 159 Agenda Item E-20 Hunziker moved, Senjem second to instruct the City Attorney to prepa an Ordinance annexing 15.45 acres of City owned land ( parkland) adjacent to Northern Heights Parkin Sec. 25 Cascade Twp. Ayes (7), Nays (0).Motion carried. E-21 Canfield moved, Hunziker second to instruct the City Attorney to prepare by Ordinance the annexation of 19.63 acres of land in the SW 1/4 SW 1/4 , SW 1/4 of Sec. 3, Rochester, Mn.Ayes (7), Nays (0). Motion carried. E-22 Canfield moved, Evans second to adopt Resolution No. 473-93 setting a hearing to be held on October 4, 1993 on the proposed vacation of a portion of the Pennington Dr. N.W. ROW and 23rd Avenue N.W. ROW. Ayes (7), Nays (0).Motion carried. E-23 Senjem moved, Evans second to instruct the City Attorney to prepare an Ordinance annexing 40.74 acres of City owned land located north and east of the present end of 24th Avenue N.W. north of 60th St. N.W. This will be developed as Schmidt Park. Ayes (7), Nays (0). Motion carried. E-24 Hunziker moved, Evans second to adopt Resolution No..474-93 authorizing the Lease Agreement for 720 9th Avenue S.E.- Rosalee Mason for the lower unit.Fa Mkt. is- rented at $450.00 per month but lowered to $400100 (discounted) due to the close proximity of the construction to the house. Her rent is for 30 month period at $225.00 per month plus utilities. Ayes (7), Nays (0).Motion carried. E-25 Hunziker moved, Evans second to adopt Resolution No._475-93 authorizing the City to pruchase 301,East Center Street from Stark Maynard for expansion of the Civic Center No. Parking lot. This is for $66,800.00. Ayes (7), Nays (0).Motion carried. E-26 Senjem moved, McConnell second to adopt Resolution No. 476-93 authorizing the City Attorney to initiate eminent domain proceedings for the purpose of acquiring land for the 19th St. N.W. construction project. Ayes (7), Nays (0).Motion carried. E-27 Myhrom moved, McConnell second to adopt Resolution No. 477-93 granting an easement for driveway purposes over a part of Lots 54 and 55, State Plat of Sec. 36 to Larry and Linda Rouhoff, Ben. and Carole Winters and Raymond and Betty Rabehl. Ayes (7), Nays (0). Motion carried. E-28 Canfield moved, Hunziker second to table the request for No Parking zones on 9th Avenue S.W./ 600 Block. Ayes (7), Nays (0).Motion carried. E-29 Hunziker moved, Senjem second to table the request for Parking Study on 12th Avenue S.E. 10 Block. Ayes (7), Nays (0).Motion carried. 41, 60 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item 1 E-31 E-32 E-33 E-34 E-35 E-36 E-37 F-1 F-1 F-1 Hunziker moved, McConnell second to adopt Resolution No. 478-93 awarding the low bid of $67,478.81 to Rochester Sand and Gravel for Project 6207-4-93 J 2125 - Resurface 7th St. N. W. from llth Ave. N. W. to DM & E RR. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 479-93 awarding the low bid of $87,108.10 to Rochester Sand and Gravel for Project Nc 7106-93 J 9263 - Bit. overlay, Curb and Gutter on E. Front. TH 52 41st St. N.W. to 500 Ft. N. of Pennington Ct. N. W. Ayes (7), Nays (0).Motion carried. McConnell moved, Senjem second to adopt Resolution No. 480-93 awarding the low bid to Western Bridge of $147,446.00 for Project J 4873; 2296; 2297 and 2291 for Lead Base Paint Removal and Recoating of Steel Girders and Pile Shells on Bridges at various locations in the City. Ayes (7), Nays (0).Motion carried. McConnell moved, Senjem second to adopt Resolution No. 481-93 and 482-93 initiating the project and ordering a hearing for October 4, 1993 on Construction of a Water Tower and Trunkline to serve the High Level Dist. of the NW Service area. Ayes (7), Nays (0). Motion carried. (J-9265) Senjem moved, Canfield second to adopt Resolution No. 483-93 approving of the contract modi_fi,'cation No. 8 which decreases the contract for Solids Handling Improvements at the Water Reclamation Plant in the amount of $7,709.00. Ayes (7), Nays (0).Motion carried. McConnell,Myhrom second to adopt Resolution No. 484-93 authorizing payment of $1,900 to David and Lori Holtorf for the acquisition of 8,635 sq..feet at $.10 per-sq. foot. Total of $850.00. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 485-93 authorizin(, the City Clerk to advertise for bids on Snow Removal for the year. Bids to be opened at 11:00 A.M. on September 28, 1993. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the Findings of Fact and deny the liquor license application by Torenia, Inc. Ayes (7), Nays (0).Motion carried. An Ordinance Amending Roch. Code of Ord. Relating to the Code of Ethics for Public Officials, City Employees and Members of Public Organizations was given its first reading. An Ordinance Repealing Chapter 100 of the Rochester Code of Ord. Relating to Auctions and Auctioneers was given its first reading. An Ordinance Annexing to the City of Rochester 9.31 acres of land situated in.a portion of the W 112 of Sec. 34 T107NR14W was given its first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - September 8. 1993 4 16 1 Agenda Item F-1 An Ordinance annexing to the City approx. 3.27 Acres of lands in a portion of the W 1/2 of the NE 1/4 of Sec. 15, T106N R14W was given its first reading. F-1 An Ordinance Annexing to the City Lands situated in Outlot 1 of Marvale No. 6 and Outlot One of Marvale No. 7 less than 60 acres in size was given its first reading. F-1 An Ordinance Annexing to the City of Rochester approx. 58.42 acres of land situated in a portion of the SW.1/4 of Sec. 30, T107N R13W was given its first reading. F-1 An Ordinance Annexing to the City 4.93 acres of lands situated in'a portion of the SE 1/4 of the NW 1/4 and the SW 1/4 of the NE 1/4 of Sec. 10 T106N, R14W was given its first reading. F-1 An Ordinance Annexing to the City of Rochester approx. 15.45 acres of land in a portion of the E 1/2 of the NE 1/4 of Sec. 25 T107N, R14W was given its first reading. F-1 An Ordinance Annexing to the City of Rochester approx. 19.63 acres of land in portions of the SW 1/4 of the SW 1/4 of Sec. 3 Township 106N, R14W was given its first reading. F-1 An Ordinance Annexing to the City of Rochester approx. 40.74 acres of land located in a portion of the SW'1/4 of the NW 1/4 of Sec. 10 T106N, R 14W and approx. 11,752 sq. fet of land in a portion of the S 1/2 of the NE 1/4 of Sec. 9, T107N R 14W was given its first readin(. F-1 McConnell moved, Canfield second to adopt Resolution No. '485A-.93 approving an Owner contract for San. Sewer, Watermain and Service Connections to serve Pinewood Manor PUD on Lot 1, Blk 1 Pinewood 2nd Sub. Franklin Kottschade and Road Const. (McGhie and Betts, Eng.) Ayes (7), Nays (0).Motion carried. G-1 Myhrom moved, McConnell second to remove the request for Land Use Plan Amendment from Low Density Res. to a Non-residential designation and Zone change request from R-1 Dist. to a nonresidential Dist. from the table. Ayes (7), Nays (0).Motion carried. Myhrom moved, Evans second to adopt Resolution No. 486-93 approving the changes as agreed upon by John Arnold,'Attorney for Randy Reynolds and the City with the easements as needed. G-2 McConnell moved, Evans second to remove the Zone Change request from the R-1 Dist. to the M-1 Dist. on Approx. 200 acres of land located directly North of the Airport from the table..Ayes (7), Nays (0).Motion carried. Because this was under basically the same agreement as G-1, Fred Suhler, Jr. was the Attorney representing Mr. Leon DeCook had not returned an answer to the City as to their positil so based on this information, Hunziker moved, Senjem second to put this back on the table. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4162 Rpgtilar Mp„ptinTNn_ 8 - September 2, 1993 Agenda Item G-3 G-4 F-1 G-5 Senjem moved, McConnell second to remove the request for a Final Plat to be known as Pine Ridge Second Sub. from the table. Ayes (7), Nays (0).Motion carried. Ron Bailey of Yaggy Colby, Assoc. was present and stated that they have no problems with the plat as stated. It was mentioned by the Common Council that outstanding bills were had by the developer , Mr. Dennis Peterson of Wayzata. Wishing to speak.was Dennis Peterson of Wayzata, Mn. Dev. He stated that he had secured financing at this time and would pay the bills. Based on this comment, Hunziker moved, Senjem second to adopt Resolution No. 487-93 approving the plat subject to the payment of outstanding bills and including the four conditions as listed on the Planning Staff Review and Recommendations Sheet. Ayes (7), Nays (0). Motion carried. Evans moved, McConnell second to remove the proposed Final Plat tc be known as Meadow Heights First Sub. from the table. Ayes (7), Nays (0).Motion carried. This item was withdrawn upon request by the applicant - DML Enterprises of Rochester, Inc. Pine Island Mn. Ayes (7), Nays (0).Motion.carried. Canfield moved, McConnell second to adopt Resolution No. 488-93 approving an Owner Contract with Yaggy Colby, Assoc. for Basic Construction in Pine Ridge Second Sub. J 9224. Ayes (7), Nays (0). Motion carried. Senjem moved, Canfield second to remove the request for an Integrated Dispatch System in Rochester from the table. Ayes (6), Nays (1). Councilmember Myhrom voted nay. Motion carried. After Council discussion, Senjem moved, McConnell second to Intergrate the Dispatching System under the auspice of neutral supervision, a Users Group and Joint Powers Board. Councilmember Hunziker was confused by all these titles - are they three different boards and levels or just one? Councilmember Senjem stated that the supervisor of dispatch would be one title and be advised by a Users Group made up of Fire, Police and Sheriff and maybe Ambulance and maybe outsiders too. Councilmember Myhrom stated for the Record that he disagrees with this integration. Councilmember Canfield stated that the Police Sheriff and Fire have worked well in the past and he will vote agains having more bureaucracy. Patrick Farrell, Police Chief also does not see the need for the additional bureaucracy. A more formal Users Group may be formed, but now it is handled by an informal group. Steve Borchart, Sheriff was present and shares the same concerns as Chief Farrell. He stated that a Joint Powers Board is not necessary. Larry Eischen, Acting Fire Chief was present and stated the same thing as the Sheriff and Police Chief. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - Sept. 8, 1993 4163 Agenda Item G-5 Wishing.to be heard was John Burnett of 1324 30th St. N. W. and thinks this would be feasible to integrate. With the modern electroni equipment, it should be able to function. Vote was taken on Council - member Senjems motion. Ayes (2), Councilmember Senjem and McConnell voting aye. Nays (5), Councilmember Canfield, Evans, Hunziker, and Myhrom and President Selby voted nay. Motion did not carry. Canfield moved, Hunziker second to integrate the Dispatchers at the Law Enforcement Center and ask the three departments - Police,Fire and Sheriff to construct a formal agreement and offer this to the Council. Ayes (7), Nays (0).Motion carried. Having no further business, Canfield moved, Senjem second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk