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HomeMy WebLinkAbout11-07-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4374 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13, November 7, 1994 Agenda Item A-1 B-1 B-2 B-3 C-1-16 C-1 C-2 C-3 C-5 C-6 C-7 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, Myhrom, Senjem and Stobaugh. Absent:Councilmember McConnell. A Hearing on the Annexation by Ordinance by Rochester Pentecostal Church of 3.64 acres of land in Sec. 5, Marion Township. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (0).Motion carried. A Hearing on the Vacation of a portion of 5th Avenue S.W. -South of West Center St. and N. of 1st St. S.W. ( St. John's grade school.) Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Canfield second to adopt Resolution No. 588-94 approving the vacation subject to the conditions number 2-4 as listed on the Request for Council Action. Ayes (6), Nays (0).Motion carried. It is noted that Councilmembers Senjem and Stobaugh work for the Mayo Clinic. A Hearing on the Vacation by Rochester Supply Co. of a 17 foot wide rail easement located on the N. side of the Lot 2, Blk 2 Cascade Ind. Park Sub. Wishing to be heard was Paul Bucher of 621 14th Avenue S.W. He stated that the Rochester Supply Co. wanted to add an addition to the present structure and they need the area. He urged the Council to approve this. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 589-94 approving the vacation. Ayes (6), Nays (0).Motion Carried. Canfield moved, Stobaugh second to approve the Consent Agenda items C-1 thru 16 with the exception of C-4. Approve the minutes of the October 17, 1994 meeting. Approve the request to issue a permit for investigation of 24 months to Holiday Compaies to install and periodically test a monito ing well at 805 South Broadway. Res. 590-94 was adotped. Approve the following licenses and bonds: GAMBLING - TEMP. - Church of the Resurrection - Raffle and Bingo on Nov. 12, 1994. Approve the Accounts Payable in the amount of $3,242,651.28 - Filed with the City Clerk. Approve the appointment of Pat Taylor to Historic Preservation Committee. Approve the appointment of Michael Toogood to the position of Captai in the Rochester Fire Dept. effective Nov. 12, 1994. I RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular MeetinTNo 13 - NovembP_r 7, 1994 4375 Agenda Item C-8 Approve the appointment of Kenneth Dose to Motor Operator in the Fire Dept. effective Nov. 12, 1994. C-9 Approve the appointment of Lawrence J. Mueller to position of Fire- fighter in the Fire Dept. subject to the completion of indepth background investigation and medical and psychological exam. C-10 Adopt Resolution No. 591-94 setting a date for public hearing for December 5, 1994 on a vacation petition for a 20 foot wide utility easement alg lines of Lots 1-3 Blk 1, Elton Hills Business Park. ( City of Rochester owned property ). C-11 Adopt Resolution No. 592-94 setting a hearing date for December 5, 1994 on the vacation of the SWly 20 feet of the 30 foot wide drainage easement located alg the NE L In of L 1 Blk 2, Lincolnshire Sixth Sub. C-12 Adopt Resolution No. 593-94 authorizing the City Clerk to advertise for bids on Project 6315-2-93 J 2236 St. Widening and Traffic Signal System on 15th Ave. S.E. from 550 Ft. N. to 650 Ft. S. of 8 1/2 St. S.E. C-13 Adopt Resolution No. 594-94 Committing the City to pay $71,700. ( Its share ) of the Replacement of TH 14 Bridges over Zumbro River and Bear Creek. C-14 Adopt Resolution No. 595-94 authorizing payment covered by Supple- mental Agreement No. 2 for Project 9217 - AIrport Water Tower J 9266 in the amount of $1,695.00. C-15 Approve the rquest to reapportionment of previously levied assess- ments J 8729 and 8890 Plat 1295 Parcels 21100 , 21000 and 21200 Golden Hill Water Tower and San. Sewer and Watermain - Carole Geerdes. These lots would be divided into four parcels - numbered 21001 21002;,21003, 21004. C-16 Adopt Resolution No. 596-94 adding Para to the Bus Loading Zone at John Adams Middle School. (19.85) - 31st St. N.W. and on the N. side from the west dr. of John Adams Middle School to 18th Ave. N.W. on school days only from 2:00 P.M. to 3:30 P.M. for school buses only. . Ayes (6), Nays (0).Motion carried. C-4 Approval of Boxing Events was brough before the Council. Councilmember Canfield stated that Rocky McCaleb was in the audience and had previously spoken to him about the fact that the event scheduled for Nov — 18, being billed as a tribute to Ben Sternberg was not appropriate since Ben Sternberg does not want this as a tribute to himself. He stated that he heard that lots of other local people might want to be involved with promoting boxing and they were not aware that this is being brought before the Council for approval. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 43%s CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - Nov. 7, 1994 Agenda Item C-4 E-1 E-2 E-3 E-4 The local boxers would like to have this tabled so that they could have input into the resolution. Wishing to be heard was Rocky McCaleb and stated that they would like to have local boxers fight, but not just this fight, for every fight. A motion was made and later withdrawn to table this. No action was taken. After Council consideration and discussion, it was mentioned that this had already been advertised because the Council , at the last COW meeting had spoken in favor. Based on this, Myhrom moved, Evans second to approve and adopt Resolution No. 597-94 approving the request. Ayes (6), Nays (0), Motion carried. Canfield moved, Stobaugh second to approve the Council consensus on Performance and Evaluation for Steven J. Schmidt. He has satisfied the standards of performance for his position. Ayes (5), Abstain (1). Councilmember Myhrom abstained. Motion carried. Senjem moved, Evans second to deny the request from Peoples Natural Gas for payment for Rochester Gas and Manufacturing Site Testing Costs.The request was for $55,916.23. Ayes (6), Nays (0).Motion carried. Myhrom moved, Evans second to deny the request for a public hearing for the issuance of $5,850,000 in Housing Revenue Bonds for Willow Creek Estates. Ayes (6), Nays (0).Motion carried. Discussion was held by the Council on the request to set policy and procedures for issuance of restricted liquor licenses. Canfield moved, Stobaugh second to instruct the City Attorney to draw up procedures as to first applicant to apply for a vacant license to serve that request first. Councilmember Canfield believes that has worked in the past and should work now. Councilmember Myhrom ask " What if the first one that comes in is not the one that the Council would want to have this license?". Councilmember Canfield stated that they would have had to have met the standards of the other 9 license holders before the Council would consider them. Councilmember Senjem stated that he would like to see the new policy and procedures adopted. After further discussion, vote was taken: Ayes (2), Nays (4), Councilmembers Evans, Myhrom, Senjem and President Hunziker voting nay. Motion did not carry. Myhrom moved, Evans second to approve policy and procedures for issuance of Restricted Liquor licenses based on the Council's Judgement as outlined on the Questions for Exclusive Liquor License applicants and the following three timetables for the license at hand. 1. Applications be accepted until 5 P.M. Nov. 23, 1994. 2. A public hearing be set for December 5, 1994 to orally review the proposals. Prior to the 5th staff will review and summarize proposals based on the criteria established for the Council's perusal. 3. The licenses will be awarded after discussion at the December 5, 1994 meeting. This also includes continuing the background investigation. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - November 7, 1994 COUNCIL 4377 Agenda Item E-5 E-6 E-7 E-8 E-9 E-10 E-11 E-12 E-13 Senjem moved, Stobaugh second to instruct the City Attorney to prepare an Ordinance renewing the Franchise for the Rochester City Lines, Inc. for Regular Route Bus Transit System service from Jan. 1, 1995 to December 31, 1999. Ayes (6), Nays (0).Motion carried. Myhrom moved, Senjem second to table the request for a Pawnbrokers. License from Capstone Auto Pawn Brokers , Inc. They wanted more information on where they would store automobiles pawned, etc. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve a temporary on -sale intoxicating liquor license for Nov. 11 and 12 1994 for St. Pius X Catholic Church -1315 12th Ave. N.W. Council President Hunziker stated that he teaches in that school. Ayes (6), Nays (0). Motion carried. Canfield moved, Evans second to reject the single bid received for one years supply of tankwagon gasoline, etc. and authorize the City Clerk to rebid the tankwagon gasoline. Bids to be •opend at 11:00 Nov. 23, 1994. Ayes (6), Nays (0).Motion carried. Resolution No. 598-94 was adopted. Evans moved, Stobaugh second to approve the revisions to the Roches Fire Code and instruct the City Attorney to prepare the paperwork pertaining to the revisions. Ayes (6), Nays (0).Motion carried. Canfield moved, Myhrom second to adopt Resolution No. 599-94 approving the Reclassifications for Library Associate II to Lib. Automation Systems Manager and Librarian I to Circulation Services Manager. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 600-94 authorizing the lease agreement for the property at 502 5th Ave. S.E. with monthly rent being $400.00. Ayes (6), Nays (0).Motion Carried. Myhrom moved, Senjem second to adopt Resolution No.,601-94 authorizing the acquisition of 2,153 square feet in fee and 2,165 sq. ft. in temporary easement from Mr. Daniel Williams dba Children' Exchange in the amount of $13,000. for the Marion Rd. Reconstruction Project. Ayes (6), Nays (0).Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 602-94 approving the agreement with Bonstroo, Rosene, Anderlik and Assoc. for Eng. services for the design of Pond EP-16 of the Mayo Run pond system and dev. of Linear Waterway Conceptual Plan and Design Criteria downstream of the pond in the amount not to exceed $35,100 plus reimbursable expenses of approx. $2,500. Ayes (6), Nays (0).Motion carried. ?r rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4378 Regular Meeting No. 13 - November 7. 1994 Agenda Item E-14 Senjem moved, Evans second to adopt Resolution No. 603-94 approving the parking restriction - 21st Ave. N.W. 36-37th as follows: (228.1) 21st Ave. N. W. on the W. side from 36 to 37 St. at all times. 228.2 - 21st Ave. N.W. on the east side from 37th St. to a point 60 Ft. south of 37th St. at all times and from a point 60 feet soutl of 37th St. to a point 120 feet south of 37th St. 8 A.M. to 8 P.M. Mon. thru Fri. Ayes (6), Nays (0).Motion carried. E-15 Canfield moved, Stobaugh second to adopt Resolution No. 604-94 awarding a contract to Gillig Corporation for the purchase of two option buses at a cost of $211,057 per unit and approve Change Order No. 2 at a cost of $980. per unit for all three buses. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City 3.64 acres of land located on the E side of 36th Ave. S.E., W of Strathmore Lane S.E. and N. of Sheffield Lane S.E. Immediately N of the Victory Baptist Church property in the SW 1/4 of the NE 1/4 of Sec. 5, Marion Township was given its first reading. F-1 An Ordinance Amending the RCO Relating to a Non -Exclusive Franchise to Rochester City Lines, Inc. to operate a public regular route Bus Transit System on the public streets of the City for a period thru December 31, 1999 was given" its first reading. F-1 Senjem moved, Canfield second to adopt Resolution No. 605-94 approving an owner contract with Yaggy Colby Assoc. for Watermain Ext. to serve Seneca Foods Warehouse on 20th St. S.E. and Vacant Lai to South - J 9326 S.L. Contracting, Inc. and Seneca Foods Corp. Central Div. Ayes (6), Nays (0).Motion carried. G-1 Canfield moved, Stobaugh second to remove the Type III, Phase I Appeal from the decision of the City Planning and Zoning Commissi( to permit a height increase as a Type II design modification from the table. Ayes (6), Nays (0).Motion carried. Terry Adkins, City Attorney stated that the Council has a memo from Jane Kansier of the Planning Dept. dated Nov. 4, 1994 which states that the Council must approach this matter as follows: 1. The burden shall be upon the applicant to show the design solution will result in an improved use of land while preserving the purposes for which the original regulation is enacted. 2. Any such modification shall consider the relationship of the development to its surroundings and shall avoid creating any adverse effects due to noise, traffic circulation, building height or lack of screening. He suggested that if the Council make a motion that they met the criteria. Councilmember Senjem stated that tiie aesthetics are not a reason the Council could deny PP 9 this appeal. The increased height of the bubble will improve the property. After further Council discussion Evans moved, Stobaugh second to approve the design modification with the 20 foot increase in height and instruct the City Attorney. RECORD OF OFFICIAL PROCEEDINGS OF. -THE COMMON COUNCIL CITY "OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - November 7, 1994 4379 Agenda Item G-1 prepare the Findings of Fact to be presented at the Nov. 21, 1994 Council meeting. Myhrom moved, Evans second to amend the original �QQ► asi� A torney to prepare Findings of Fact(draft TWHI N Wt sPPSS w a h Ul i cant has met his burden that indicates that the increased height will preserve the purposes for which the original regulation was enacted. No. 2 that the modification of.the original height will not cause any adverse affects due to noise, traffic circulation, building height or bulk o lack of screening. The Council has considered the effect of shadows loss of privacy obstructing of views and have found them to be minimal. Ayes (6), Nays (0).Motion carried. The original motion was voted upon at this time. Ayes (6),.Nays (0). Motion carried. G-2 Evans moved, Senjem second to remove the Petition to vacate the north 8' of 9th St. S.W. adj. to Lot'll;,Blk 1, Williams Healy and Cornforth Add from the table. Canfield moved, Stobaugh second to deny the request. Ayes (6), Nays (0).Motion carried. G-3 Senjem moved, Stobaugh second to remove the Petition to vacate the westerly end of 6th St. N.W. lcoated in the 5th St. N.W. ROW just easterly of the Barlow Entrance ( Weber and Barlow stores) from the table. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to deny the request. Ayes (6), Nays (0).Motion carried. Having no further business, Myhrom moved, Stobaugh second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. ty Cler