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HomeMy WebLinkAbout05-16-1994RECORD OF OFFICIAL PROCEEDINGS :OF THE COMMON COUNCIL 4282 CITY OF ROCHESTER, VNNESOTA Adjourned Meeting No. 29 - May 16, 1994 Agenda Item °resident 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 Land Use Plan Amendment 94-1 and Zone Change Request 94-3 for the Rochester Municipal Airport. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Myhrom second to adopt Resolution No. 224-94 approving the changes with the conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed Final Plat to be known as Cimarron 17th Sub. Wishing to be heard was Chuck DeWitz of 602 llth Avenue N.. W. and was present for any questions the Council may have. He also stated that he had no problems with the conditions. Having .no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, McConnell second to adopt Resolution No. 225-94 approving the plat and include the.four conditions as listed on the Request for Council Action. Ayes (7), Nays (0)*.Motion carried. B-3 Hearing on the proposed Final Plat to be known as Waterford. Wishing to be heard was Dale Allen on.behalf of the Dev. John Bouquet. He stated that in the conditions No. 1 , the City Eng stated that 60' of ROW shall be provided alg CR 125 and only 50' was needed and that 50' has been since agreed upon. He wanted this cleared up. In No. 3 The area that includes a bikepath on Mayowood Road and should be excluded as they have another path (road that runs parallel with Mayowood and connects with Bamber Valley bikepath) Having no further comments and no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, McConnell second to adopt Resolution No. 226-94 approving the plat with the nine conditions and the changes as listed above in this hearing. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the City initiated Text Amendment 94-2.allowing :'Public air transportation facilities" as Type I use within the M=1 and M-2 districts. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, Hunziker second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (7),Nays (0).Motion carried. B=5 4 Hearing on the Zoning Ordinance Text Amendment 94-3 to revise the to of Para. 63.232, Sub. 5 "Site location "E". Wishing to be heard was Greg Cooper of 1103 34th St. N..W. and is.a representative of the neighborhood'- and is in support of this project. Having no one else preseht that.wished to be heard, President. Selby closed the hearing. Senjem moved, Evans second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. B-6 Hearing on the Zone Change Request by Quest International. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. appearing for the developer. He stated that he received approval for this from the DNR but,FEMA has not responded as of yet. He urged the Council -to approve this request. Having no one else present that wished to be.heard, President Selby closed the hearing. Hunziker ;t Ll RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - May 16, 1994 4283 1 Agenda Item B-7 B-10 -12 Dved, Evans second to adopt Resolution No. 227-94 approving the request. Ayes (7),.Nays (0).Motion carried. Hearing on the Type III, Phase III Conditional Use 94-17 for Excavation in the Floodway of the North Run of the North Fork of Cascade Creek. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. appearing on behalf of the Developer. 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. Evans moved, Hunziker second to adopt Resolution No. 228-94 includini the seven conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. Hearing on the Petition to vacate the east 1.5 feet of the four foot wide utility easement located'al.g'..the west lot line of the prop- erty at 901 14th St. N. W. ( Linda Twentyman J Having no one present that wished to_.be heard, President Selby closed the hearing. McConne moved, Evans second to adopt Resolution No. 229-94 approving the vacation. Ayes (7), Nays (0).Motion.carried. Hearing on the proposed Improvement No. 6311-3-94 J 9305 - Ext. of Watermain in llth Ave. S.W. to serve South Pointe and San. Sewer and Watermain within South Pointe. Having no-one present that wished to be heard, President Selby closed the hearing. Canfield moved, Senjem second to adopt Resolution No. 230-94 approving the Project. Ayes (7), Nays (0)-Motion carried. k Hearing on the Proposed Assessments on Project 7301-91 J 9173 - Ext. of N.W. Trunkline Sewer, NW Plaza to Douglas Trail, Watermain and San Sewer to 660 Ft. West of 50th Ave. N.W. Wishing to be heard was Art Ryan of Rochester, Mn. and is representing the Community Church at 4400 55th St. N. W. and wished to have the connection fee be a part of the assessment project: He was informed that this can be done but with an Assessment,Agreement and that brought back to the Council. It is noted that a letter of object was received from Paul Grinde, Attorney on behalf of THE-G Corporation ( Wallmart) Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Canfield second to adopt Resolutio No. 231-94 approving the assessments. Ayes (7), Nays (0).Motion carried. Hearing on the proposed assessments on Sewr and Water Delinquent Charges; Debris Removal, Tree Removal and Snow Removal. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Evans second to adopt Resolution No. 232-94 233-94, 234-94 and 235-94 approving the above. Ayes (7), Nays (0). Motion carried. A Hearing on the Rochester City Lines Fare and Route Chanties . Wish- ing to be heard was Tony _Knauer of the Public Works Dept. ( Transp.) 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. Councilmember Senjem mentioned the fact that he rides the bus and that ridership is down, he does not necessarily believe RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER .MINNESOTA .4284 Adjourned Meeting No. 29 - May 1�, 1994 Agenda Item B-12 -1-10 C-1 C-2 C-4 C-5 C-6 C-7 C-8 C-9 C-10 that the fee should go up. Having no further comments, McConnell mo Evans second to adopt Resolution No. 236-94 approving the request. Ayes (7), Nays (0).Motion carried. Evans moved, Myhrom second to adopt the following Consent Agenda Ite Approve the minutes of the May 2, 1994 meoting. Approve the following licenses and bonds: Temp. 3.2 Beer - University of Wis. Alumni Club Roch. 5-24-94 to be held at St. Anargyroi Greek Orthodox Church. Cigarettes ( Over°the Counter ) - Saigon-Far..East Oriental Mkt .3918 18th Ave. N. W. Gambling ( Temp.) - Star of the North Games - Raffle-McQuillian Park Softball Fields-6-12-94 Master Plumber Thomas Smith Plumbing - Roch.Mn. Sidewalks - Cur_b and Gutter - Weis Builders, Inc. Roch.Mn. Misc. - Walks and Runs - New Life Homes and Family Services - 6-18-! Mayo Medical School - 8-20-94 - Silver Lake Park area. VFW - Poppy Sales-50-20-5-21=94 - Streets and Shopping Centers. Request for Council Action -approving the change of ownership for KRG Partnership DBA Kings Crossing to Gary A. Davis and Janeann Meade DBA Kings Crossing Bar and Grill. This is for the On -Sale Liquor license. Adopt Resolution No. 237-94 approve a request for a Sound Amplification Permit for the Rochester Civic Music July 10-August 21, 1994. Approve the Accounts Payable on file with the City Clerk in the amount of $2,602,677.11. Adopt Resolution No. 238-94 authorizing the City Clerk to advertise for bids on a 1994 Articulated Motor Grader. Bids to be Opened at 11:00 A.M. on June 3, 1994. Adopt Resolution No. 239-94 approving a leave of absence for Sandra Frie , Eng. Tech. Public Utility Dept. This.will be from June 24, 1 thru August 3, 1994. Adopt Resolution No. 240-94 .setting a public hearing for June 20, 1994 on a vacation petition for a 20 foot wide san. and storm sewer easement located alg the ely boundary of Lot 6, Blk 1, Hartman Square Sub. Adopt Resolution No. 241-94 setting a hearing date of June 20, 1994 on a proposed vacation of a 20 foot wide san. and storm sewer easement located through' the center of 923 37th St. N. W. ( Steien-Mrachek Building Partnership ). Adopt Resolution -No. @242-94 authorizing the City Project 8215-12A-94 J 2588 - Expansion of Civic Center North Lot and authorize the City Clerk to adv. for bids to be opened on June 2, 1994 at 11:00 A.M. Ayes (7), Nays (0).Motion Carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF 'THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 -May 16, 1994 428 5 Agenda Item -E-1 Evans moved, Canfield second.to adopt Resolution No. 243-94 approving the delaying implementation of the revised TCI Cable rates until the rate review process involving .the Form 1200 is completed. Ayes (7), Nays (0).Motion carried. E-2 McC6nnell moved, Evans second to adopt Resolution No. 244-94 accept the existing shelter and evacuation plan proposed by Mr. and Mrs.. Lauresen.for the Covered Wagon MHP contingent upon signing the Hold Harmless -Agreement. Councilmember Hunziker stated that he would like to see this building fixed even though a hold harmless clause.i.s signed. Councilmember Canfield stated that he thought -.a mile to dvalk to this shelter was too far. Ayes (4), Nays S&gioon carried. Councilmembers Canfield, Senjem and Pres. Selby E-3 Senjem moved, Canfield second.to adopt Resolution No.245-94:'approvin( the existing storm shelter ( Which meets FEMA Standards ) at Willow Ridge MHP. Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, Hunziker second to approve the additional $7,200. in 1994 CDBG funds from the Contingency Account to the HRA Adm. account for the administration of the 1994 CDBG Program. Ayes (7), Nays (0). Motion carried. E-5 Hunziker moved, Evans second to adopt Resolution No. 246-94 approving a revocable permit for the encroachment of the marquee at the Chateau Theater Project and an amendment to the Limited Skyway easements for.­the-�Galleria to include the proposed new alignment of the Galleria North Skyway Corridor. Ayes (7), Nays (0).Motion carried. E-6 Canfield moved, Evans second to adopt Resolution No. 247-94 approving Schad -Tracy Sign Co. for the low bid of $53,829.( with Alternate ) for the signage for Civic Center Ramp and Skyway. Ayes (7), Nays (0).Motion carried. E-7' Hunziker moved, Evans second to adopt Resolution No.248-94 authoriz- ing the City Clerk to advertise for bids for New City Hall: Bids to be opened on June 21, 1994 and June 23, 1994. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved, Senjem second to -approve the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 249=94 approving a purchase order agreement with Pauwels Trafo for an outdoor power transformer .in the -amount of $508,088.07. Resolution No. 250-94 approving a purchase order with ABB Power TO Co. for circuit breakers in the amount of $158,711.63. Resolution No. 251-94 approving a purchase order with Altec Ind. for a digger derrick in the amount of $90,434.00. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4286 Adjourned Meeting No. 29 -May 16, 1994 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 Canfield moved, Senjem second to table the request for a vending operation ('popcorn wagon ) in*front of.the First Bank Building. The Council wanted to have more input into this operation before making a decision, also a precedent would be set for all potential vendors Ayes (7), Nays (0).Motion carried. Senjem--second to adopt Resolution No. 252'-94 awarding the low bid of $4,148.00 with G.D.M. Sales and Service for a 12,000 lb tandem trailer for the Public Works Dept. Ayes (7), Nays (0).Motion carried, Canfield moved, Evans second to approve the name for a new park in Southwest Rochester as Younge Park —This is named after Rodney Younge. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to adopt Resolution No. 253=94 authoriz- ing the Director of Employee Relations "to sign an agreement for the Work -Study Agreement with Rochester Community College for the Summer of 1994 and the school year 1994-1995. Ayes (7), Nays (0). Motion carried. Myhrom moved to hold a public hearing on the request for 1994 Low Income' Tax Credits for Bandel.Hills project. This motion did not receive a second. Discussion wad held by the Council. Councilmember Myhrom stated that he did_ not believe this project was necessary because of the number of vacant apartments in Rochester already. He was also against spending tax dollars. Councilmember McConnell agreed that a public hearing should be held and was against spending tax dollars when we°.,•have a high vacancy rate at the present -time. After further discussion, and testimony from representatives of the Bandel Hill Project, Myhrom moved, McConnell second to hold a public hearing. Upon Roll call vote, Coucilmember Myhrom voted aye. Ayes (1). Councilmembers Canfield, Evans, Hunziker, McConnell, Senjem and President Selby voted nay. Nays (6). Motion did not carry. Hunziker moved; Evans second to approve the application and adopt Resolution No. 254-94• Upon Roll call vote, Councilmembers Canfield, Evans, Hunziker, Senjem and President Selby voted aye. Ayes (5), Nays (1). Councilmember Myhrom voted nay. Councilmember McConnell abstained. Motion'carrie.d. Hunziker moved, Evans -second to approve the Wetland delineation and Replacement Plan with Rochester Topsoil, Inc. with the conditions as stated in the Request for Council Action. Ayes (7), Nays (0). Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 255-94- authorizing the City to hire Laursen Homes for the relocation and sale of two mobile homes located in the Oak Terrace Est. and proceed to purchase second mobile home for the amt . of $19,000. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - May 16, 1994 COUNCIL 4287 Agenda Item E-16 Hunziker. moved, Evans second to adopt Resolution No. 256-94 author- izing staff to commence the acquisition of Land Rights for 55th St. Construction'Project and Procedure for Eminent Domain. Ayes (7), Nays (01.Motion Carriedl E-17 Evans moved, Senjem second to adopt Resolution No. 257=94 approving awarding the low bid of $658,100. to C.B.I Na-Con, Inc. for Project 9216 J 9265 - Construction of a Water Tower to serve the High Level Dist. North Park Area. "Ayes (7), Nays (0).Motion"carried. E-18 Senjem moved, Canfield second to adopt Resolution No. 258-94 approvin( an Engineering contract for'Project 6311-3-94 J 9305 - Ext. of Water main in llth Avenue S."W. to serve South. Pointe and San. Sewer and Watermain within South -Pointe. This is with McGh"ie and Betts, Rochester, Minnesota. Ayes (7), Nays (0)."Motion carried." E-19 Myhrom moved, McConnell second to adopt Resolution No. 259-94 approving the Assessment Agreement With Waterford Development. Ayes (7), Nays (0).Motion carried. E-20 This is the same as B-10. E-21 Senjem moved, Hunziker second to adopt Resolution No. 260-94 adding Para. 94.7 to the Passenger Loading Zones Sec E as follows 13th Ave. N. W on the E. side from the alley N. of 1st St. N. W. to a.point 40 Ft. s. of the alley 7:00 A.M. to 6:00 P.M. Mon. -Fri. Ayes (7), Nays "(0).Motion carried. E-22 Senjem moved, Hunziker second to adopt Resolution No. 261-.94 requesting Mn/DOT to conduct the MSA Traffic Counts at $16.00 per location. Ayes (7), Nays (0).Motion carried. E-23 Evans moved, Senjem second to adopt Resolution No. 262-94 awarding the low bid of AG -Chem Equipment Co. including the allowance for trade of WRP Unit No. 339 for $174,639.00 Ayes.(7), Nays (0).Motion Carried. E=24 Senjem moved, Canfield second to adopt Resolution No. 263-94 to advertise for bids to be opened.at 11:00 A.M.* on May 31, 1994 for a 1994 4-door sedan for the Public Works Dept. Ayes (7), Nays (0).Motion carried. E-25 Canfield moved, Evans second to adopt Resolution No: 264-94 authorizii the "City Clerk to advertise for bids for Entrance Structures on Highway 63 South and Hwy 52 North. Bids to be opened -at 11:00 A.M. on June 15, 1994. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning property known as the Zoning Ord. and Land Dev. Manual was given its first reading. This is to amend the Manual. .W. Le F-1 An Ordinance Amending Sec. 2.342 and 62..352 of the RCO Relating to Site Appearance Standards for Private and Public•Air Transportation was given its first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4�gg CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - May 16, 1994 Agenda Item F-1 F-1 F-1 H-1 An Ordinance Amending Subsection (5) of Sec. 63.252 of the RCO relati to the Site location Standards for Site Location "E" was given its first reading. Hunziker moved, McConnell second to adopt Resolution No. 265-94 approving an owner contract for Public Improvements in Waterford Sub. for Phase I; John Bouquet and Road Constructors, Inc. Ayes (7), Nays (0). Motion.Carried. Senjem moved, Evans second to adopt Resolution No..266-94 approving an Owner Contract for Public Improvements in Waterford Sub. Phase II ; John Bouquet and%Elcor Construction. Ayes (7), Nays (0).Motion carried. President Selby presented a check to Carole A. Grimm, City Clerk for the purpose of purchasing things for people when they retire. This would be for -the going away function. This is a personal check. -The Council thanked President Selby and this being her last meeting since s-he decided not to run for the office again, a standinc ovation was given -to her for her years (6) she s.erved the Council. Having no further business Evans moved, Senjem second to adjourn the meeting until 3:45 P.M. on May 1$,1994. Ayes (7), Nays (0). Motion carried. City Clerk 1