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HomeMy WebLinkAbout01-18-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4404 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - January 18, 1995 Agenda Item A-1 B-1 B-2 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Senjem and Stobaugh. Absent: Councilmemb Myhrom. A Hearing on the Conditional Use Permit request ( Type III, Phase III) 94-42 by Seneca Foods Corporation. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 19-95 approving the request with the four conditions as listed on the Request for Council Action by the Planning staff. Councilmember Evans stated for the record that the staff of City employees who put this project together should be commended for their excellent work. President Hunziker also stated that the staff did an excellent job on this project. Having no further comments, vote was taken. Ayes (6), Nays (0). Motion Carried. A Hearing on the Appeal 94-4 by Dennis Mulholland to appeal the decision of the Rochester Zoning Board of Appeals. Terry Adkins, City Attorney informed the Council that the appeal is on Condition No. 5 which reads " A variance to the required traffic visibility zones on the North Broadway and 9th St. N.W. intersection and the 9th St. N.W and alley intersection. The other variances were granted.with no appeal having been made. Councilmember McConnell reminded the Council that the downtown area has buildings that are built to the corner. He is in favor of this appeal and allowing him to build to the corner. It was further clarified by the City Attorney that the part of the Condition No. 5 was not appealed and that was on the required traffic visibility zone on the North Broadway and 9th St. N.W. The Part of the Condition No. 5 that was appealed by Mr. Mulholland was only that part as follows: "9th St. N.W. and the alley intersection. That is the only condition that the Council should deal with. Richard Freese, Public Works Director stated that a reduction on the visibility on the North Broadway and 9th St. N.W., could be met when the Board of Appeals considered Broadway to be an"arterial street"instead of an "expressway'. This is the reason only the alley part of this No. 5 is being brought back to the Council by Mr. Mulholland. Mr. Freese addressed the setback by the alley and stated that he is speaking from an --engineering standard and not the strict interpretation of the zoning code and because of this it would result in a smaller vision triangle. A twelve foot setback is what is required on the drawing, but under the Public Works recommendation it would only be an eight foot setback. This 8 foot setback would reduce, but not completely eliminate the need to have a setback. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - January 18, 1995 44 0 5 Agenda Item B-2 The Public Works Dept. looked at this situation with the vehicle being in a stopped position as it's leaving the alley. This vehicle would look East and West on 9th St. before proceeding into the sidewalk/street. This would also allow the vehicle to observe pedestrian and bikes on the sidewalk. The reason Public Works gave for a setback is that at present the vehicle.,would not be in a stopped position but proceeding north on the alley and you would need a larger vision triangle. This is why the 8' setback is necessary. Wishing to be heard was Lauren Dison who owns a building at 903 North Broadway. He stated that he understood the variance for a setbi on North Broadway and 9th St. was also being appealed. He was not award that this variance had been granted. Jeff Ellerbush stated that the appeal made by Mr. Dennis Mulholland was only for the Alley/9th St. N.W. Mr. Lauren Dison stated that he is not in favor of the varinace on Broadway and 9th St. He also stated he.has a letter from Bruce Swans who owns a building at 905 N. Broadway and he is opposed to this also Mr. Dison presented material to substantiate his claim for no setback in this area. He stated there were lots of accidents and would not be good for his business, which is across the street. He stated a law is a law and would like to see it upheld. Wishing to be heard was Dennis Mulholland who runs the Christian Book Store on North Broadway. He stated that the traffic -setback between the Alley and 9th St. is his only concern now. That is why he only appealed the Alley/ 9th St. N.W. part of this request. Having no one else present that wished to be heard, President Hunziker closed the hearing. Having further Council discussion, Evans moved, Stobaugh second to instruct the City Attorney to prepare Findings of Fact by putting in a stop sign on the 9th Street/ Alley and let the alley remain as a two-way alley. Ayes (6), Nays (1). Councilmember Myhrom was absent: Morion Carried. B-3 A Hearing on the 1995 Paratransit Update. Having no one present that wished to be heard, President Hunziker closed the heaing. Ayes (6), Nays (0).Motion carried. It is mentioned that Resulution No. 20-95 was adopted. ick RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4406 Adjourned Meeting No. 18 - January 18, 1995 Agenda Item C-1-9 C-2 C-3 C-4 C-5 C-6 C-7 C-9 C-1 Item C-1 was removed from the consent agenda. Senjem moved, Stobaugh second to approve the following Consent items. Approve the following licenses and bonds: Renewal Licenses - MASTER INSTALLERS - Donald Ahlstrom SIDEWALKS- C and G - Cement - A.L.C. Cement Contractors Asphalt - Shamrock Construction MASTER PLUMBER - Forcier Plumbing, Inc. and Ahlstrom Plumbing ServicE SEWERS AND DRAINS - Road Constructors SIGNS - Auto Trim Designs and Signs. Approve the Accounts Payble in the amount of $2,854,636.08. List on file with the City Clerk. Adopt Resolution No. 21-95 closing the Tax Increment Projects and transferring unexpended balances pursuant to the City Charter Sec. 11.10- The amt is $263,011.63. Adopt Resolution No. 22-95 closing completed improvement projects and transferring the unexpended balances in the amount of $154,613.13. Adopt Resolution No. 23-95 setting a hearing to be held on Feb. 22, 1995 on the proposed vacation by Clean Ideas, Inc. to vacate a portion of 40th St. N.W. located W. of the W River Rd. N.W. Adopt Resolution No. 24-95 and 25-95 declaring the costs to be assessed and ordering a public Hearing for March 6, 1995 on Project 9405 J 9316 Location 1 - N-S and E-W Alleys in Blk 25 No. Addn Location 2 N-S Alley on E. Side of Blk 24, No. Addn. and Location 3 - N-S Alley on E. Side of Blk 23, No. Addn. Adopt Resolution No. 26-95 directing the Dir. of Public Works to request a variance on 4th St. S.E. between 6th and llth Avenue S.E. to 11' plus 1' recovery and hold the State harmless for claims reulting from granting the variance. Adopt Resolution No. 27-95 approving the Eng. proposal by McGhie and Betts, Inc. for Eng.Services for sewer and water services to and within East Ridge Sub. Ayes (6), Nays (0).Motion carried. Councilmember McConnell had a question on the minutes and found that they were correct as written. Based on this, McConnell moved, Evans second to approve the minutes of Jan. 4, 1995. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - Jan. 18, 1995 4 4 0 7 Agenda Item E-1 Senjem moved, Canfield second to approve the performance of Stevan E. Kvenvold and increase Mr. Kvenvold's compensation by 4% effective Jan. 1, 1995. Councilmember McConnell stated that he had the utmost respect for Mr. Kvenvold and liked the work that he has done,but 4% is too much money. He will vote nay. Ayes (5), Nays (1), Motion carried. E-2 Canfield moved, Stobaugh second to adopt Resolution No. 28-95 supporting the Southeastern Mn. Initiative Fund ( SEMIF ). This resolution will be used in support of SEMIF's five year funding request to the McKnight Foundation. Ayes (6), Nays (0).Motion carried. E-3 Senjem moved, Evans second not to order a refund by TCI for the overcharges of approx. $2,815.45. Ayes (5), Nays (1). Councilmember McConnell voted nay. Motion carried. E-4 Stobaugh moved, Canfield second to authorize the City Attorney to submit a Form 329 to the FCC to establish the benchmark rate for the revised expanded basic service. Ayes (6), Nays (0).Motion carried E-5 Adopt Resolution No. 29-95 schedules a public hearing for February 22, 1995 initiating process for approval of Dev. District and Tax Increment Financing Amendments. Ayes (6), Nays (0).Motion carrie E-6 Senjem moved, Stobaugh second to adopt Resolution No. 30-95 approving Rochester's participation in Public Agency De Minimis Group concerning Yakima, Washington Site. This concerns the soil and water contamination in Washington who claims the soil comes fo�s�o-a�i4&. Nyi40)Motion carri ed.Thi s includes autho o����6r cip whths group or other groups. E-7 Stobaugh moved, Evans second to adopt Resolution No. 31-95 authorizing the Mayor and City Clerk to execute Grant Agreement CDAP-94-0178-H-FY95 with the Mn. Dept. of Trade and Economic Dev. in the amount of $500,000 and to execute a Loan Agreement with PEMSTAR, Inc. containing the terms and conditions for the above agreement. The Council was pleased that this enterprise was successful. Ayes (6), Nays (0). Motion carried. E-8 Stobaugh moved, Evans second to approve the notification of the Mn Housing Finance Agency that the City of Rochester wishes to be a suballocator of Housing Tax Credits in 1995. Ayes (6), Nays (0). Motion Carried. E-9 Canfield moved, McConnell second to adopt Resolution No. 32-95 of the Public Utility Board which approves a contract agreement with Elcor Const. for the 2nd Avenue N.E. concrete duct project and the Mayor and City Clerk execute this contract in the amount of $34,610.00. Ayes (6), Nays (0).Motion carried. The other requested resolution with People's Cooperative Power Assoc. was withdrawn from action. f'i zati on RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 44 g CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - January 18, 1995 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 Evans moved, McConnell second to table the Wage Increase Guidelines Ranges - Wage and Salary Program. More discussion would like to be had by the Council. Ayes (5), Nays (1). Councilmember Canfield voted nay. Motion carried. McConnell moved, Stobaugh second to adopt Resolution No. 33-95 establishing Personnel Policieis Section XXVII Drug and Alcohol Test ing and Section XXVII- A Motor Vehicle Drug and Alcohol Testing on the condition that the CIty will continue to discuss proposed changes with employees and their representatives. Ayes (6), Nays (0).Motion Carried. The Coucnil commended Fred Wagner, Employee Relations Director for the fine work he did on this program. McConnell moved, Evans second for this motion approving the Type I Land Sub. Permit to create a new parcel that utilizes a private water and sewage treatmemt system. Ayes (6), Nays (0).Motion carried. A Condition was placed on this by the Council and that would be that only one well and one sewer would still be used and if that well fails and sewer fails, then they would have to hook up with City water and sewer lines. Stobaugh moved, Senjem second to adopt Resolution No. 34-95 approving the Wastewater collection and Treatment System Master Plan Study. Ayes (6), Nays (0).Motio ncarried. Senjem moved, Evans second to adopt Resolution No. 35-95 authorizing the Director of Public Works to submit on behalf of the City of Rochester a Program Application to the MPCA for inclusion in the Voluntary Investigation and Cleanup Program. Ayes (6), Nays (0). Motion Carried. Canfield moved, Senjem second to adopt Resolution No.36-95 approving a Lease Agreements - City Property in West Zumbro Addition. This is a part of the US Army Corps of Eng. Flood Control Program. Ayps (6), Nays (0).Motion carried. McConnell moved, Canfield second to approve the initiation of a vacation of the East-West Alley in Block 87, Moe and Old's Addn and Block 87 Willson's. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 37-95 authorizi payment for extra work covered by Supplemental Agreement 2 for Project 6202-3-92 J 9191 in the amt. . of $47,072.12. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 38-95 approving an agreement with Agronomy Services Plus, Inc. to continue consulting service in 1995 and to include the recommended changes to the current agreement. Ayes (6), Nays (0).Motion carried. L'1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 18 - January 18, 1995 44 O 9 Agenda Item E,-19 Stobaugh moved, Canfield second to approve the issuance of an on- sal,e non-intox. 3.2 beer licenses for Daube's Bakery Inc. at 14 Third,Ave. S.E. Ayes (6), Nays (0).Motion carried. E-20 Evans moved, Senjem second to adopt Resolution N o. 39-95 approving the purchase of 1928 First St. N.W. from Thomas and Tara Meilander in the amt. of $27,700.00. Ayes (6), Nays (0). Motion Carried. E-21 Canfield moved, Stobaugh second to adopt Resolution No. 40-95 approving the appointment of the Comm. of Transp. of Mn/DOT to act as Agent for the City and to have the Mayor and City Clerk execu all contracts and Agerements for the City on AIP-1-3-27-0084-95, Mn/DOT 5501-91M and State Agreement, 73035. Ayes (6) , Nays (0). Motion Carried. E-22 JSenjem moved, Stobaugh second to adopt Resolution No. 41-95 and 42-95 awarding the Metal Shelving for adult public areas to Mid America Business Systems, Inc. for the Public Library and to Aaron Carlson Co. in the amount of $83,582.93 for Wood end panels for the adult public area shelving. Ayes (6), Nays (0).Motion carried. F-1 There were no:�Ordinances or Resolutions under this F Item. G-1 Evans moved, McConnell second to Remove the request for Taxicab Rate Increase - ROCABCO Franchise from the table. Evans moved, Stobaugh second to approve the increase and instruct the City Attorney to prepare an Ordinance making the change. Ayes (6), Nays (0).Motion carried. G-2 Canfield moved, Evans second to remove this from th b�bAf��sii��)c Canfield moved, Evans second to instruct the City At�� e prepare an Ordinance approving the Type III, Phase II•Text Amendment Adding shoreland management provisions to the Rochester Land Dev. Manual. Ayes (6), Nays (0).Motion Carried. F-1 An Ordinance Amending Sections of the Roch.Code of Ord. Relating to Taxicab Rates and Taxicab Franchises and Repealing Sec. 96.04 of the RCO Relating to the Taxicab Franchise for Top Hat Partners. This was given its first reading. F-1 An Ordinance Reenacting Sections 60.200 and Creating Sec. 62.1000- 62.1010 and 65.800 of the Roch.Code of Ord Relating to Shoreland Management Standards was given its first reading. H-1 JSenjem moved, Evans second to approve the rating for Richard Freese as Exceeded Standards. Ayes (6), Nays (0).Motion carried. Having no further business, Canfield moved, Senjem second to adjourn the meeting until January 30, 1995 at 5:00 P.M. A (6), Nays (0). Motion carried. City Clerk rried.