HomeMy WebLinkAbout05-02-19944276,
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regu]ar Meeting No; 28 - May 2, 1994
Agenda
Item
B-1
IN
B-4
President Selby called the meeting to order, the following members
being present: President Selby, Councilmembers Canfield, Evans,
Hunziker, McConnell, Myhrom ( arrived 7:10 P.M.) Senjem.Absent:None.
The City Clerk swore into office five firefighters.
Senjem moved, Evans second to move Agenda Item E-23 to the D-1
Letters and Petiti"ons section of the Agenda. Ayes (6), Nays (0).
Motion carried.
A Hearing on the Final Plat of Innsbruck 8th Sub. bushing to'be
heard was David Morrill of McGhie and Betts, Inc. on behalf of
the applicant. He was present for any questions the Council may have.
Having no one else present that wished to be heard, President Selby
closed the hearing. Senjem moved, Canfield second to adopt Resolution
No. 190-94 approving the plat subject to the conditions as listed on
the Request for Council Action. Ayes (6), Nays (0).Motion carried.
A Hearing on the Land Sub. Permit 94-8 Preliminary Plat for Cimarron
Seventeenth Sub. Wishing to be heard was Chuck DeWitz--of 604 llth A
N. W. and stated that 50th Lane will be renamed 50th St. N.W.
and did not have any questions or problems with the rest of the
conditions. Having no one else present that wished to be heard,
President Selby closed the hearing. McConnell moved, Evans second
to approve the request and adopt the Findings of Fact as prepared
by the City Attorney. Tncluding the conditions as listed on the
request for Council Action. Ayes (6), Nays (0).Motion carried.
Councilmember Myhrom arrived - 7:10 P.M.
A Hearing on the Proposed Final Plat of Schuster East. Wishing to be
heard was David Morrill of McGhie and Betts, Inc. and was present
on behalf of the applicant. He stated that he did not have any
problems with the conditions. Having no one else present that
wished to be heard, President Selby closed the hearing. Canfield
moved, Evans second to adopt Resolution No. 191-94 approving the
plat with the conditions as listed on the Request for Council Action.
Ayes (7), Nays (0).P4otion carried.
A Hearing on the Zone Change 94-1 by Rochester Top Soil, R-1 and M-1
to B-4 and Floodway to Fioodfringe, Sections 23 and 24, Rochester Twp
Wishing to be heard was Bill Tointon of McGhie and Betts, Inc.
Rochester, Mn. representing the applicant. He is present for any
questions the Council may have.. He urged the Council to approve
this and remove the approx. 16.5 acres located alg Willow Creek on
the east side: -of TH 63 S Nly of 40th St. S.W. extended from the
floodway zoning district&is supporting technical data is acceptable tc
the Fed. Emergency Mgmt Agency and Mn. Dept. of Natural Resources.
This is furthered upon condition that it is approved by the Mn.
Municipal Board's approval of annexation. The City Attorney is
also being requested to adopt an Ordinance for this purpose.
Having no one else present that wished to be heard, President Selby
closed the hearing. Canfield, moved, Evans second to adopt Res.
No. 192--94 approving the above request. Ayes (7), Nays (0).Motion
carried.Councilmember Senjem is a personal friend of the applicant.
1
r—
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 28 - May 2, 1994 4 2 %
1
Agenda
Item
B-5 A Hearing on the Type III, Phase III Conditional Use 94-16 for Dev.
in the Flood Prone Area and Excavation in the Floodway. Wishing to be
heard was Bill Tointon of McGhie and Betts representing the applicant
Rochester Top Soil. Mr. Tointon presneted the plan to the Council
This is to allow excavation of sand and regrading in a floodway dist.
This will take many years to accomplish and in the end 24 acres of the
site will be filled and ready for development. The remaining acreage
will remain open space.
aving no one else present that wished to be heard, President Selby
losed the hearing. Myhrom moved, Evans second to adopt Resolution
o. 193-94 approving the request with Conditions 1-6 as listed on
he Resolution and subject to annexation approval by the Mn. Municipal
oard ( Ord. ). Ayes (7), Nays (0).Motion carried. Councilmember
enjem stated that he is a personal friend of the applicant.
C-1-131McConnel-I moved, Evans second to approve the following Consent Agenda.l
rovai of the minutes of the April 18, 1994 minutes.
C-2 Adopt Resolution No. 194-94 authorizing the Mayor and City Clerk
to execute a prepared State Aid Agreement for the purchase of Maint-
2nance Equipment at the Rochester Municipal Airport.
C-3 Adopt Resolution No. 195-94 accepting the low proposals by Pennzoil
Products Company and Access Rentals for the Ariport equipment -
lift hoist and one 24 foot platform electric personnel lift.
The amounts are $7,334.74 ( hoist ) and $5,182.00 for the
platform.
C-4 (Approve the following miscellaneous activities:
Licenses and Bonds:
EMPORARY ON SALE 3.2 Beer - Mn. Recreation and Park Assoc. 6-11-12,19
AMBLING
aws and Claws Society - Raffle Mayo Civic Aud. 11-19-20, 1994
ochester Area Family Y - Raffle for Camp Olsen 8-1-94
ochester Central Catolic School Board - Raffle at Lourdes High School
n Sept. 6, 1994.
isc. _
arade - Memorial Day - 5-30-94 Central Park to Soldiers Field
ochester Track Club --Road Running Race 5-21-1994.
C-5 Adopt Resolution No. 196-94 granting a Sound Amplification permit to
Mayo Med. Center Activiites Program and IBM Employee Club for Aug. 19
at Mayo Civic Center The time will extend to 10 P.M.
C-6 Adopt Resolution No. 197-94 granting a Sound Amplification Permit
to the organizers of the Second Annual Pig Roast for June 11 from 3
9:30 P.M. at Essex Park .
K
C-7 JApprove the Accounts Payable in the amount of $991,764.80 - file
in the City Clerk's Office.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
.4298 Regular Meeting No. 28 - May 2, 1994
Agenda
Item
C-8 Adopt Resolution No. 198-94 authorizing the City Clerk to advertise
for bids on a 1994 4-wheel dr. tractor with hydraulic system
for the Public Works Dept. Bids to be opened at 11:00 A.M. on May 17.
C-9 Adopt Resolution No. 199-94 authorizing the City Clerk to advertise
for bids to be opened at 11:00 A.M. on May 17, 1994 on a 1994 Double
Drum Compactor Roller. This is for the Public Works Dept.
C-10 Approve the appointment of Doris Amundson of 813 6th St. S.E. to the
Rochester Park Board - Term ends June, 1996.
C-11 Adopt Resolution No. 200-94 authorizing the City Clerk to advertise
for bids on Project 9303 J 2237 Reconstruction of East Silver Lake Dr.
and Appurtenant Park Impts from 7th St. N.E. to 14th St. N.E.
ids to be opened At 11:00 A.M. on June 1, 1994.
C-12 dopt Resolution No. 201-94 approving a.Supplemental,.Agreement No.
-on Project 6219-4-93 J 9269 - Reconstruction of 19th St. N.W.
This is in the amount of $2,589.49.
C-13 dopt Resolution No. 202-94 approving a Revokable Permit for Placement
f a retaining wall within a Public Easement - between the Ozmum
uilding and the Old Courthouse- westerly 11.50 Ft. of vacated 5th Av
S.W. between lst St. and 2nd St. S.W.
Ayes (7), Nays (0).Motion carried.
D-1 Cory Shorr of 50th St. N.W. Apt. 6 Rochester, Mn. wished to be heard
and urged the Council to consider purchasing the Rochester Renegades
asketball team. He stated that with the new skyways etc. being
uilt in Rochester it would be a shame not to keep this basketball
eam in Rochester. The Council took this under consideration.
E-1 iunziker moved, Senjem second to approve the appointment of
Finance Director Dale R. Martinson to that position effective June 1,
1994 at a salary of $67,500 and $70,000 upon completion of a six month
probationary period. Ayes (7), Nays (0).Motion carried.
E-2 Evans moved, Senjem second to approve the Reimbursement to Olmsted
County for Government Center Costs in the amount of $144,012. This
is in conjunction with the Parking lot and meeting room. Ayes (7),
ays (0). Motion carried.
E-3 Hunztker moved, Evans second to adopt Resolution No. 203-94
calling for a public hearing for June 6, 1994 on the potential creatio
f a development district and tax increment financing plans for Quest
Project. Ayes (7), Nays (0).Motion carried.
Councilmember McConnell desired this topic to be discussed at a
Committee of the Whole prior to the hearing.
E-4 unziker moved, Canfield second to ddopt Resolution No. 204-94
pproving the Subordination Agreements with First Bank-Pemstar.
roject. Ayes (5), Nays. (2). Coucilmembers McConnell and Myhrom voti.n
a
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 28 May 2, 1994 4271
Agenda
Item
E-5 McConnell moved, Evans second to adopt Resolution No. 205-94
approving the Assessment Agreement with Claude Mosley of 1145 1st
St. N. W. He will have half of his assessment forgiven because the
City of Rochester did not notify him when the Assessment was being
heard. Ayes (7), Nays (0)'.Motion carried.
E-6 3enjem moved, Hunziker second to adopt Resolution No. 206-94
approving Amendment No. l,to the Local Cooperation Agreement with the
rmy Corps of Eng. to obtain $277,850. in credit for work undertaken
rior to the agreement. This is for Corps Flood Control Project.
yes (7), Nays (0). Motion carried.
E-7 unziker moved, Evans second to adopt Resolution No. 207-94 setting
public hearing for June 6, 1994 on the request by the Mayo-
oundation on a�vacation of an alley. This is an alley between 2nd
and 3rd St. 3 W. and 8 and 9th Avenue S.W. Ayes (7), Nays (0).
lotion Carried. Councilmember Senjem stated that he is employed by
he Mayor Clinic.
E-8
lunziker moved, Canfield second to adopt Resolution No. 208-94 approvii
he agreement with SCS for BR-1 Inspection services and to hire
Joseph Goplen under a Consulting services contract. This is for
eservoirs under construction. Ayes (7), Nays (0).Motion carried.
E-9
lunziker moved, Evans second to adopt Resolution No. 209-94 approving
he awarding of a low bid for Project No. 6350-4-94 J 9293 - Street
mprovements 50th Avenue N. W. from 55th St. N.W. to 1500 Feet South.
yes (7), Nays (0).Motion carried.
-10
moved, Senjem sedond to accept the CDBG award of $615,000 frc
lanfield
he HUD for the City's 1994 program. Ayes (7), Nays (0).Motion carried.
he allocations are shown on the Request for Council Action.
-11
Canfield moved, Senjem second to approve the following Resolution
as approved by the Public Utility Board:
Resolution No. 210-94 approving a contract with Southern iMn.
Municipal Power Agency (SMMPA).and the Mayor and City Clerk to executE
such Operating Agreement . Ayes (7), Nays (0).Motion carried.
E-12 Iunziker moved, Evans second to approve the request for a 3.2 beer
license for Shakey's of Rochester to include an additional owner.
The additional owner is Martin Canfield of 1731 20th Ave. S.E.
Ayes (7), Nays (0).Motion carried. Councilmember Canfield'acknowldged
ownership of Shakey's Pizza Parlor.
E-13 tcConnell moved, Hunziker second to adopt Resolution No. 211-94
approving the purchase of a temporary easement interest for flood
Control purposes from the owners of 1335 2nd Avenue N. W. - Clayton
and Lucille Lund : Price is $1,150.00. Ayes (7), Nays (0).Motion
carried.
hg
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
42$® Regular Meeting No 28 - May 2, 1994
Agenda
Item
E-14
E-15
E-16
E-17
E-18
E-19
E-20
E-21
E-22
E-23
Senjem moved; Evans second to adopt Resolution No. 212-94
authorizing the purchase of 12,417 sq. feet in flowage easement
from Dakota Mn and Eastern RR for the offer of $600.00. Ayes (7)
Nays (0).Motion carried.
Hunziker moved, Canfield second to approve the initiation of a
vacation of the easement ( Utility ) over and under unplatted lands
owned by John Roehrick , Sr. and Thomas Murphy. This is in NW1/4
of Section 23-107-14. Ayes (7), Nays (0).Motion carried.
Evans moved, Myhrom second to initiate the vacation of a utility ease-
ment on Lot 6, Block 1, Hartman Square in the NW1/4 of Sec. 23-107-1i
Ayes (7), Nays (0). Motion carried.
McConnell moved, Evans second to adopt Resolution No. 213-94 and
214-94 declaring the costs tb be assessed and ordering a hearing
to be held on June 6, 1994 on Project 6313-3 and 4-1991 and 6212-4-9'
J 2153 Improvements to 12th Avenue N.W./S.W and 12th Ave. N.W.
Ayes (7), Nays (0).Motion carried.
Senjem moved, f1cConnell second to adopt Resolution No. 215-94 and
216-94 declaring the costs to be assessed and ordering a public
hearing to be held on June 6, 1994 on Project No. 8313-92 J 9250
San. Sewer Ext. and Watermain to serve Northern Heights East 8th
Sub. Ayes (7), Nays (0).11otion carried.
Evans moved, Myhrom second to adopt Resoltuion No. 217-94 authorizing
City Project 9456 J 6370 to'be advertised for bids to be opened
May 26, 1994 and -authorizing the Mayor and City Clerk to execute
the Cooperative Agreement on behalf of the City. Ayes (77,
Nays (0).Motioniicarried.
Evans moved, Myhrom second to adopt Resolution No. 218-94 approving
the Agreement with the DM& E RR to upgrade the existing crossing at
4th Avenue N.W. Ayes (7), Nays (0).Motion carried.
Senjem•,moved Evans second to adopt Resolution No. 219-94 awarding
the low bid of $68,271.00 to Innovative Contractors for New
Sidewalk Project No. 2-1994 J 9297. Ayes (7), Nays (0).Motion
carried.
Senjem moved, Evans second to adopt Resolution No. 220-94 awarding
the low bid of $10,114.90 to E1 Bishop for New Sidewalk Project 3-19�
J 9298. Ayes (7), Nays (0).Motion carried.
(This was renumbered to D-1
4
1
I.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA �y
Regular Meeting No. 28'-- Mayte 4 4 2 Q V 1
Agenda
Item
E-24 Canfield moved; Hunziker second to adopt Resolution No. 221-94
authorizing the City Attorney to draw up an Emergency Contract
between the City of Rochester and Rochester Sand and Gravel for the
replacement of a 550* feet of 15" San. sewer line on 1st St..N.W.
between 12 and 13th Avenue N. W. Ayes (7), Nays (0). Motion carried.
B-5 IThe motion that was made at the end of the meeting was incorporated
in the B-5 earlier in the minutes.
F-1 An Ordinance Rezoning property and Amending Ord. 2785 known as the
Zoning Ordinance and Land Dev. Manual of the City of Rochester
was given Its first reading.
F-1 An Ordinance Amending Sec. 28.02 and enacting Sec. 28.021 of the RCO
Relating to the Purpose and Use of Water and Sewer Connecting Fees
for Special Assessment Abatement purposes was given its second
reading. Evans moved Myhrom second to adopt the Ordinance as -read.
Ayes (7), Nays (0). Motion Carried.
F-1 A90i'oReMuT199 Ng-.Mg�29g�ljppgvjg5o�geb6w�pn�Aract for Basic
Construction in Lincolnshire Sixth Sub. - Phase II 42nd St. N. W.
Lots 9-14, Blk 2 and Lots 20-25 Block 1;.Road Constructors and Mike
Younge. Ayes (7), Nays (0).Motion carried.
F-1 .`-Senjem moved, Evans second to adopt Resolution No. 223-94 approving
an Owner Contract for Basic Construction in Lincolnshire Sixth
Sub. for Phase I 42nd St. N. W. Lots 1-9 Blk 1 and
all of Trenton Lane N.W. Lots 5-19, Blk 1; Road Constructors and
Mike Younge. Ayes (7), Nays (0). Motion carridd.
Having no further business, Senjem moved, Myhrom second to adjourn
the meeting. Ayes (7), Nays (0).Motion carried.
City Clerk