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HomeMy WebLinkAbout08-01-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL' CITY OF ROCHESTER, MINNESOTA .. Regular Meeting No 6 - August 1, 1994 4321 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:None. B -1 A Hearing on the Proposed Vacation of a part of a utility easement (1.0) foot wide located alg the South lot line of Lot 5, Blk 1 Cheval Estates. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, McConnell second to approve the Petition with the two conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. Resolution No. 407-94 was adopted. B -2 A Hearing on the Proposed Vacation of a IT foot wide rail easement located on the N. side of Lot 2, Blk 2, Cascade Ind. Park Sub. (Rochester Supply Co.). Having no one present that wished to be heard President Hunziker closed the hearing. Evans moved, Senjem second to adopt Resolution No. 408-94 approving the request; This is using the "Revocable Permit" approach to this request rather then a "vacation Ayes (7), Nays (0).Motion carried. B -3 A Hearing on the Reconstruction of three alleys in the following locations: Location 1 - N-S and E-W Alley in Blk 24 No. Addn. Location 2 - N-S Alley in E side of Blk 24, No. Addn. Location 3 - N-S Alley on E side of Blk 23, No. Addn. Wishing to be heard was Dennis Mulholland of 850 N. Broadway. He stated that an alley between 8 and 9 St. N.W. was in bad shape and would like to see something done . Public Works Dept. will look at this situation. Having no one else present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Myhrom second to adopt Resolution No. 409-94 approving the project: Ayes (7), Nays (0).Motion carried. B -4 A Hearing on the Land Sub. Permit ( Pre.Plat) to be known as South Pointe Second Sub. Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. on behalf of the applicant. He stated that they had no problems with the 14 conditions as recommended by the Planning Commission. Councilmember Senjem asked about the parking in the area and whether or not it was a good idea to have parking on one side of the road. The Public Works Dept. agreed that parking on one side is a good idea and the people in the area have no objections. Don McGillivray of the Public Works Dept. stated that the option was given to the developer and to which side of the road they wanted to allow cars to park. Having no one else present that wished to be heard, President Hunziki closed the hearing. After further Council discussion, Myhrom moved, Evans second to approve the Findings of Fact and allow the Developer to decide which side of the road will be parking.:This also included the 14 conditions as listed on the Request for Council Action by the Planning Commission. Ayes (7),. Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4322 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - August 1, 1994 Agenda Item B-5 A Hearing on the Amendment to the Apache Mall Shopping Center PUD to allow the Apache Mall logo on the Apache Mall Water Tower. Having n( one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 410-9' approving the amendment with the two conditions as follows: 1. The logo must be placed on the water tower as shown on the plans submitted. 2. The terms of the revocable permit approved by the Coucnil must be met. If the revocable permit is revoked, the log must be removed from the tower. Ayes (7), Nays (0).Motion carried B-6 A Hearing on the Text Amendment 94-4 to the Provisions of Paragraph 60.412 Procedures and 60.417 Findings for Variances. Having no one present that wished to be heard, President Hunziker closed the hearir Having more questions asked than answered by the Council, Evans move( Stobaugh second to table this and refer this to the Committee of the Whole for further discussion. Ayes (7), Nays (0).Motion carried. C-1-4 McConnell moved, Stobaugh second to approve the following Consent Agenda items: C-1 Approve the minutes of the July 18, 1994 meeting. C-2 Approve the following Licenses and Bonds: BEER - ON -SALE TEMP. 3.2 Greek Orthodox Church Greek Festival - Aug. 28; 1994 Silver Lake West Pavillion. GAMBLING - ONE DAY-- Off site - American Legion Post 92 Slatterly Par Aug. 14, 1994. OUTDOOR DINING - Daube's Bakery and Konditorei and Deborah's Downtown Deli. MISC. ACTIVITIES - Mac Attack SK Road Race - Aug. 12, 1994 Ind. School Dist. 535 Fitness Committe for a walk/run Aug. 31, 1994. C-3 Approve an application for Sound Permit for Ability Building Center from 1 - 3 P.M. on Aug. 12, 1994. C-4 Approve the Accounts Payable in the amount of $2,929,480.23 - file is in the City Clerk's Office. E-1 Evans moved, Canfield second to adopt Resolution No. 411-94 approvin( an extension of the listing agreement with Jeff Brown and Merle Groteboer of Burnet Realty to June 1, 1995 for Elton Hills Business Park. Ayes (7), Nays (0).Motion carried. E-2 Canfield moved, Senjem second to adopt Resolution No. 412-94 approving the purchase of 28.8 Acres of land from the DNR. Total cost to the City is $950.00 per acre. After Council discussion, Canfield moved, Stobaugh second to make this purchase subject to the School District proceeding with their purchase. This motion was voted on - Ayes (7), Nays (0).Motion Carried. The origina' motion was voted on - Ayes (7), Nays (0).Motion carried. ,_'_ . k. 1 i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6- August 1, 1994 4323 I[] Agenda Item E-3 Stobaugh moved, Evans second to Adopt Resolution No. 413-94 approving the revised Development Assistance Agreement with INDOPCO Inc. DBA Quest International. Councilmember McConnell stated that he is still opposed to this project-. Ayes (6), Nays (1). Council - member McConnell voted nay. Motion carried. E-4 Stobaugh moved, Senjem second to adopt Resolution No. 414-94 accepting the low bid of Weis Builder's Inc. including Alternates 1-3 in a total amount of $2,551,250. for the Fire Station No. 1 building. This included acceptance conditioned on completion of the land swap with SMMPA. Ayes (7), Nays (0).Motion carried. E-5 Canfield moved, Evans second to adopt Resolution No. 415-94 authorizing the Mayor and City Clerk to execute Change Order No. 1 Concrete Paving work on the N.W. Parallel Taxiway in calendar year 1995. Ayes (7), Nays (0).Motion carried. E-6 Canfield moved, Stobaugh second to approve the following Resolutions as approved by the Rochester Public Utility Board: Resolution No. 416-94 approving a purchase order agreement with Electrical Power Products, Inc. for Relay and Control Panels for the Willow Creek Substation in the amount of $46,210.00. Resolution No. 417-94 approving a purchase order agreement with LaCrosse Truck Center for the purchase.of a tandem -axle dump truck unit in the amount of $60,329.00. Resolution No. 418-94 approving a wetland replacement plan for the Willow Creek Substation ( revised 7-1-94) as required by Mn Statutes Cahpter 354. Resolution No. 419-94 approving the -City to authorize a temporary position "Utility Maintenance Aide for Paul Kintop who is unable to perform the duties of Meter Reader position due to a work related injury. This position will be eliminated when Mr. Kintop is no longer employed by the City. Ayes (7), Nays (0).Motion carried. E-7 Senjem moved, McConnell second to approve the On -Sale Intox. Liquor License / Sunday License and Brew Pub for Hondo Brewing Company DBA The Brewery for 7 Second St. S.W.(former Tinkler's ). Ayes (7), Nays (0).Motion carried. E-8 McConnell moved, Evans second to deny the request for Fireworks Display by the Rochester Honkers Baseball team. This was due to complaints in -the neighborhood of the noise and commotion. Upon Roll Call vote, Councilmembers Canfield, Myhrom, Senjem and Presiden- Hunziker.vo.ted nay. Nays (4), Councilmembers Evans, McConnell and Stobaugh voted aye. Ayes (3), Motion did not carry. Gene Freeman of Rural Dodge Center wished to speak on behalf of the fireworks. He stated that this would be a very small show and would be held no later then 9 -9:30 P.M. when the game is over. The noise will be RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4324 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - August 1, 1994 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 held down and the show will only be 15 minutes long. Canfield moved; Myhrom second to approve the request. Ayes (5), Nays (2). Councilmember Evans and McConnell. voting nay. Motion carried. Senjem moved, Evans second to approve the acceptance of a check from Firefighters Local 520 in the amount of $2,000 to help implement the "On Target Fitness" program. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to authorize the payment of $12,880.00 to Western Walls Inc. for construction of 175' of Valley .Drive Road N.W. located adjacent to Diamond Ridge Park. Ayes (7), Nays (0) Motion carried. Stobaugh moved, Canfield second to adopt Resolution No.420-94 authorizing the position.of Utility Maintenance Aide.in the Public Utility Dept. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 421-94 author- izing the Mayor and City Clerk to execute an agreement with Thomas J. Faulhaver and Associates Inc. for Worker's Compensation Settlement Services. Ayes (7), Nays (0).Motion Carried. This is contingent on a Fee Arrangement. Stobaugh moved, Evans second to instruct the City Attorney to prepa an Ordinance for adoption on Phase I of Zone Change Request by Quest International. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 422-94 approving the Wetland Impact and Replacement Plan for Willow Creek Substation. Ayes (7), Nays (0).Mo.tion carried. Evans moved, Senjem second to approve the Construction and Funding Agreement for Traffic Signal work @ 37th St. and 22nd Ave. N.W. and Maplewood Square to do a project but allow this via an Assessment Agreement. Upon Roll call vote, Councilmembers Canfield, Myhrom, Stobaugh and President,Hunziker voted nay. Nays (4), Councilmembers Evans, McConnell and Senjem voting aye. Ayes (3). Motion did not carry. Canfield moved, Stobaugh second to enter into a Contribution Agreement with Franklin P. Kottschade to fund and maintain a traffic signal to be located at the intersection of 37th St. and 22nd Ave. N.W. and the private driveway to Maplewood Square North of 37th St. N.W. The City will pay 25%, The County will pay 50% and Mr. Kottschade 25% of the project costs. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. Res. 423-94 was adopt McConnell moved, Stobaugh second to adopt Resolution No. 424-94 approving the Contribution Agreement with Gus Chafoulius and Chuck Pappas for the Reconstruction of the alley from the Peach Plaza to West Center St. in 1994. Property owners are agreed to make payment! of $2,500. each towards the alley. Ayes (7), Nays (0).Motion carried. J I- I -A RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - August 1, 1994 4 3 25 Agenda Item E-17 Evans moved, Stobaugh second to adopt Resolution No. 425-94 awarding the low bidder of Doyle Conner, Inc. in the amount of $23,772.50 for Project 6300 1/2 -94 J 9318 - Reconstruct N-S Alley - Peace Plaza to West Center St. Ayes (7) , Nays (0). Motion carried. E-18 Senjem moved, Evans second to adopt Resolution No. 426-94 approving a lease agreement for the property at 720 1/2 9th Ave. S.E. with monthly rent at $213.14 per month for six months period. Ayes (7), Nays (0).Moti.o ncarried. E-19 Stobaugh moved, Canfield second to adopt Resolution No. 427-94 approving the acquisition of 2,275 square feet of Temp. easement from Arnold J. Cane for $650.00 for the Marion Road Project. Ayes (7), Nays.(0).Motion carried. E-20 Stobaugh mvoed, Canfield second to adopt Resolution No. 428-94 approving the Support for Phase I of the Depot Relocation Project including the use of ISTEA funds. Phase I funding total is $.177,350.00. Ayes (5), Nayr (2). Councilmembers Evans and McConnell voting nay. Motion carried. E-21 Stobaugh moved, Evans second to adopt Resolution No. 429-94 approving the variance from the Commissioner of Transportation for State Aid Operation Num 8820.9940 Urban State Aid Streets re- garding lane widths for the portion of 15th Avenue S. E. The variance is a;reduction in width from 52 feet to 48 feet. Ayes (7), Nays (0).Motion carried. E-22 McConnell moved, Evans second to adopt Resolution No. 430-94 approving a Contribution Agreement setting forth terms of collection' of the contribution for and the surfacing of llth Ave S.W. in the area of South Pointe. Ayes (7), Nays (0).Motion carried. E-23 Evans.moved, Senjem second to adopt Resolution No. 431-94 referring the petition for Sanitary Sewer Trunkline from Seehusen-Ind. Park southerly across Tk Hwy 14 to service Diamond Ridge and the Starr Property to the Public Works Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. E-24 Senjem moved, Stobaugh second to adopt Resolution No. 432-94 authorizing payment in the amount of $8,987.32 for additional work for Handicap Accessible Ramp Project 2-93 J 9273. Ayes (7), Nays (0). Motion carried. E-25 Evans moved, McConnell second to adopt:Resolution No. 433-94 awarding the low bid of $36,470.01 with Keefe and Haley for Sidewalk Replacement Project 4-1994 J 9312 - St. Mary's Area and other Misc. locations. Ayes (7), Nays (0).Motion carried. i E-26 Senjem moved, Evans second to adopt Resolution No. 434-94 accepting the low bid of El Bishop Construction in the amount of $16,985.20 for Sidewalk Replacement Project 5-1994 J 9314 Ayes (7), Nays (0).Motion carried., RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4326 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - August 1, 1994 Agenda Item E-27 E-28 E-29 F-1 F-1 F-1 F-1 G-1 Canfield moved, Stobaugh second to instruct the City Attorney tc prepare an Ordinance revising Ordinance 129 relating to the Rochester Sales and Use Tax. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Canfield second to approve the $400.00 funding request for Multi -Cultural Picnic (Back to School). Councilmember Myhrom stated that he has seen the Financial Statement of this group and it looks good. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 435-94 making the following changes in the Comp. Parking Res. Book. 1. Section I ( Zone G) Three hour meters - Delete Para (13) 5th St. S.W./100 Block 2. Sec. I Zone (H) 10 hour meters , add the following (3) So. Bdwy on the E side from 5th St. Vacated to 6th St. (5) 5th St. S.W. on both sides from 1st Avenue to 2nd Ave. Ayes (7), Nays (0).Motion carried. An Ordinance Amending the Flood Boundary and Floodway Maps Inc. into the Rochester Code of Ord. Relating to the Redesignation of Lands from Floodway to Flood Fringe. This was given its first reading. Senjem moved, Stobaugh second to suspend the rules and give this Ordinance a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and President Hunziker voted aye. Ayes (7), Nays (0). Motion carried. The Ordinance was given its second reading . Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Creating sections regarding the Rochester Code of Ord. to the collection of sales taxes in the City of Rochester was given its first reading. An Ordinance Annexing to the City 17.93 acres of land situated in the W 1/2 of NW 1/4 of Sec. 18 Twp 106N R 13W N and S of Pinewood Road S. E. was given its second reading. Senjem moved, Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Amending Sec. 75.01 of RCO Relating to the Renaming of Streets Platted in Diamond Ridge Sub. was given its second readin Stobaugh moved, Senjem second to adopt the Ord.i.nance as read. Ayes (7), Nays (0).Motion carried. Canfield -moved, Stobaugh second to remove the Establishment of Compensation for Robert Pawelski from the table. Ayes (7), Nays (0). Motion carried. Canfield moved, Stobaugh second to grant the increase of 3.7% as approved by the Rochester Public Utility Board. Ayes (4), Nays (3). Councilmembers Myhrom, McConnell and Evans votin nay. Motion carried. 1 H-1 Senjem moved, Stobaugh second to adopt Resolution.No. 436-94 RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 6 - August 1, 1994 4321 Agenda Item H-1 Ithat the Councilmember from the First Ward be censured for his July 20 television comments directed at the Council President. Senjem moved, Stobaugh second to allow Councilmembers response of 1 minute long on the debate. The City Clerk was the official time keeper. Councilmember Myhrom felt that his comments were truthful and he should be allowed the "freedom of speech" to voice his opinions. Councilmember Canfield agreed that the language was distasteful.and agreed with the resolution. He excused himself from the Council mee ing. Councilmember McConnell stated that this is absolute slander against himself and Councilmember Myhrom and that he is opposed to censorshil Councilmember Stobaugh stated that he agreed with the Censorship. Councilmember Evans agrees with the Censorship and stated that use of words that are not good should not be used by public officials. Sometimes children are in the audience and foul language " just isn't good". Councilmember Senjem stated that When we hold our hands up and take the oath of office, you swear to a certain amount of dignity, to the office"and he feels that this is lacking with the use of bad language and lack of respect. President Hunziker stated too, that a certain amount of respect is needed toward the Council and should be evident with or without children present. Vote was taken on the motion Ayes (5), Nays (1). Councilmember Myhrom voted nay. Councilmember McConnell left before the vote was taken and did not return to the meeting. ( 9:15 P.M.). Motion carried. H-2 Councilmember Myhrom presented a resolution of his own which stated that the President of the Council ( Hunziker ) be censored for inappropriate attempt to abuse the powers of the Council President via his actions and comment directed to and about Coun,cilmembers McConnell and Myhrom at the regular meeting on July 18,-1994. This did not get a second and did not pass. Having no further business, Canfield moved, Stobaugh second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. '20 City Clerk