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HomeMy WebLinkAbout03-20-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting Nn_ 23 - March 20, 1995 44 35 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 Annexation request by Seneca Foods, Corp. located in the NW 1/4 of Sec. 13, Rochester Township. ( property located S and E of Seneca Foods plant on the S. side of 20th St. S.E.) Wishing to be heard was Larry Carlson of 516 19th St. S.E. and lives across the street from this property. He is opposed to the annexation because he does not want any more buildings put up in the area of this annexation. Noise is a problem and traffic ( truck ) will increase. President Hunziker asked Mr. Carlson if landscaping would help alleviate the noise. He stated that it would help, but they would have to be big full trees. Councilmember Myhrom stated that he would look into this for Mr. Carlson too. After further discussion about the noise, etc. Mr. Terry Adkins, City Attorney stated to the Council that this is about "annexation" and nothing else. Wishing to be heard was Cindy Sparks of 805 21st St. S.E. She is concerned about the potential traffic increase near the area and what the future will bring to the area once it is annexed. Wishing to be heard was Virgil Sisson, Plant Manager for SENECA Foods. He stated that the area will be used for dry storage warehouses. Accordingly they expect about 300 Ft. between the building and the front yards. He believes that the noise could come from the trucks and truck drivers yelling out orders. But, he would tell them to be more careful and would be happy to tell the company management of the concerns of the neighbors in regard to more buffering. Mr. Sisson also stated that they had no further plans for the property except for this dry storage for a warehouse type building. Mayor Hazama asked Mr.'Sisson when the new addition currently being built will be ready and Mr. Sisson stated that hopefully in June of -;.his year. After further Council discussion and no one else present wishing to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to instruct the City Attorney to prepare an Ordinance approving this annexation. Ayes (7), Nays (0).Motion carrii B-2 A Hearing on the Type III Phase II Zoning District Change 95-1 and Land Use Plan Amendment by Seneca Foods. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Cahfield second to adopt Resolution No. 113-95 approving the Zoning Dist. and the Land Use Plan Amendment with the conditions and findings of the Planning Commission. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4436 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 20, 1995 Agenda Item W :E B-5 B-7 C-1-7 C-1 C-2 C-3 C-4 A Hearing on the Proposed assessments on Sidewalk Replacement Project No. 4-M 4 J 9312 - 2nd St. S.W. to 2nd St. N.W., llth Ave. N.W., S.W. to 16th Ave. N.W. S.W. Also various locations . Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Senjem second to adopt Resolution No. 114-95 approving the assessments. Ayes (7), Nays (0).Motion Carried. A Hearing on the proposed New Sidewalk Project 2-1994 J 9297 - Willow Height Div. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh secon to adopt Resolution No. 115-95 approving the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the amendment of the 1994-1995 Final Statement for the Community Dev. Block Grant Program. Having no one present that wish( to be heard, President Hunziker closed the hearing. Stobaugh moved Evans second to approve the revised 1994-1995 final statements. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation of the alley located adjacent to Blk 87, Moe and Olds Sub. and Block 87, Willson's Addition. Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolutior No. 116-95 approving the vacation. Ayes (7), Nays (0).Motion carried, A Hearing on the Type III, Phase II Zoning Ordinance Text Amendment relating to signage for home occupations under the provisions of Paragraph 62.278. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Canfield second to instruct the City Attorney to prepare an Ordinance approving this request. Ayes (7), Nays (0).Motion carried. A Hearing on Type III, Phase II Zoning Ordinance Text Amendment relating to allowing funeral homes in the B-1,13-4, B-5, M-1 CDC -Fringe and CDC -Medical Zoning Districts. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Canfield second to instruct the City Attorney to prepa an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. Stobaugh moved, Senjem second to approve the Consent Agenda as follows: Approve the minutes of the March 6, 1995 Council meeting. Approve the appropriation of $3,000. from the Contingency Account to fund the YEP Summer work Project. Approve the Outdoor Dining Permit for Clubhaus Brew Pub at 7 Second Street S.W. Approve the Accounts Payable in the amount of $1,200,381.01. List is on file with the City Clerk. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 23 - March 20, 1995 4437 Agenda Item C-5 Adopt Resolution No. 117-95 setting a hearing for May 1, 1995 on the proposed annexation requested by Lowell Penz to the west of Salem Point 3rd Sub. in the North half of Section 9, Rochester Township. This is just westerly of the intersection with Co. Rd. 25. C-6 Adopt Resolution No. 118-95 approving the Engineering proposal with WHKS and Co. for design and construction services for Project No. 6200-E-95E J 6376- Reconstruct the Intersection of East Center Street and 19th Avenue S.E. C-7 Adopt Resolution No. 119-95 authorizing the City Clerk to advertise for bids on Project 9406- J 9313 - Extension of San. Sewer and Watermain from 36th Ave. S.E. to Strathmore Lane S.E. and Construction of San. Sewer, Watermain, Storm Sewer Subdrain and Service Connection! in East Ridge Sub. --Phase I. Bids to be opened at 11:00 A.M. on April 14, 1995. Ayes (7), Nays (0).Motion Carried. E-1 Senjem moved, Stobaugh second to adopt Resolution No. 120-95 approving an agreement with OCS Technologies,.Inc. for the purchase of computer hardware and software needed as part of the integration of the fire dispatch function. The City will be (responsible for 100% of the cost. Ayes (7), Nays (0). Motion carried. E-2 Evans moved, Stobaugh second to adopt Resolution No. 121-95 approving the settlement of the U.S.West Claim for South Broadway utility relocations for the sum of $381,000. Ayes (7), Nays (0). Motion carried. E-3 Canfield moved, Stobaugh second to adopt Resolution No. 122-95 approving the support of the LMC and MACTA sponsored legislation and a approved 0 o e 5 per capita to financial pp $ p p contribution from the Contingency Account. Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, Stobaugh second to adopt Resolution No. 123-95 approving the agreement with Fontaine Towers Limited Partnership and the City of Rochester for the Government Center Skyway relative to construction, operationand maintenance of the skyway. Ayes (6), Nays (1). Councilmember Evans voted nay. Motion carried. E-5 Senjem moved, Stobaugh second to adopt Resolution No. 124-95 approving Change Order No. 1 in the amount of $16,494.00 and Change Order No. 2 in the amount of $6,846.00 for the Fire Station Project. Ayes (7), Nays (0).Motion carried. E-6 Senjem moved, Stobaugh second to adopt Resolution No. 125-95 approving a contract in the amount of $1,274.00 with C1eanSoils Minnesota, Inc. for the removal of -contaminated soil from the Fire Station site. Senjem moved, McConnell second to amend the motion to require C1eanSoils, Mn., Inc. to provide the City with a des- cription of the manner in which the soil was burned including temp. and the manner in which it is disposed. Ayes (5), Nays (2). Councilmember Canfield and Myhrom voted nay. Motion carried. The rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4 4 3 g Adjourned Meeting No. 23 - March 20, 1995 Agenda Item E-6 Ioriginal motion was voted on at this time. Ayes (7), Nays (0).Motion carried. E-7 Stobaugh moved, Canfield second to approve the CDBG fund:i;ng request of $652,000 from the Dept. of Housing and Urban Dev. and approve the grant agreement. It was noted that the appropriations were previously approved by the Council with the exception of $52,000. foi the Rental Rehab Program and the $3,400. for the HRA Dollar Home Program. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved, Stobaugh second to approve the following resolutions as adopted by the Rochester Public Utility Board: Resolution No. 126-95 approving a contract with Hathaway Tree Service for 1995 in the amount of $78,624.54. This is for tree trimming. Resolution No. 127-95 approving a contract with H and H Electric for installation of load management terminals in the amount of $35,615.00. Adopt Resolution No. 128-95 approving a purchase order agreement with Cooper Power Systems for distribution transformers in the amount of $42,531.84. Adopt Resolution No. 129-95 approving a purchase order agreement with Burmeister/Howard for pad mounted transformers in the amt. of $42,531.84. Adopt Resolution No. 130-95 approving a purchase order agreement with Petersen-Wisdorf/General Electric for pad mounted transformers in the amt. of $30,562.31. Adopt Resolution No. 131-95 approve a purchase order agreement with Peterssen-Wisdorf/ General Electric for pad mounted transformers in the amount of $91,813.65. Adopt Resolution No. 132-95 approving a purchase order with Border States for cable in the amt. of $119,494.65. Adopt Resolution No. 133-95 approving a purchase order with Petersen-Wisdorf for cable in the amt. of $76,707.48. Adopt Resolution No. 134-95 approving a payment in the amt. of $54,274.25 to Mn. Dept. of Natural Resources for retroactive water use fees ( Silver Lake Plant Adopt Resolution No. 135-95 approving an escrow agreement with People's Cooperative Power Assoc . Such future escrow agreemetns would follow the provisions of the original agreement inc. the escrow amt .of $1,500. per acre. Adopt Res. 136-95 approving revisions to the purchased Power Adj. Clause Rate Sch. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 20, 1995 COUNCIL 4439 SIDEWALKS, CURB AND GUTTERS AND DRIVEWAYS Ed Bronner Const. Dodge Center Mn. William Russell Const. MISC. Cystic Fibrosis Foundation - Fun Walk 5-6-95 Orthopaedic Research and Ed. Foundation 5-6-95 MASTER PLUMBER Randolph's Plumbing and James Clawson DBA Clawson Plumbing. RENEWAL LICENSES -'Consumption and Display ( Set Up ) Off.Sale Liquor, Club On Sale Liquor, Wine Licenses, On -Sale Intoxicating Malt Liquor will be listed at the end minutes. Ayes (7), Nays (0).Motion carried. Agenda Item E-9 Evans moved, Stobaugh second to approve the transfer of ownership of ROCL Inc. DBA Rookies Sports Grill and Bar from Jim Sprenger, John Robideaux and Scott Schneider to Julie Schneider and Michael Sikkink. This is located at 1201 South Broadway. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, Stobaugh second to approve the transfer of the Off -Sale Int. Liquor License for B and F Leasing DBA Eastwood Liquor from former owners to Ari and Nickolas Kolas and -Jay F. Clark. This is located at 1513 13th Avenue S. E. Ayes (7), Nays (0). Motion carried E-11 McConnell moved, Canfield second to approve the transfer of an On and Off Sale 3.2 beer to Marilyn Day to be known as the 19th Hole at Soldiers Field. Ayes (7), Nays (0).Motion carried. ,E-12 Evans moved, Stobaugh second to approve the transfer of the On - Sale Wine and On Sale 3.2. Beer for the former Little China Rest. to the Great Hunan Rest. at 1123 Civic Center Dr. N.W. Ayes (7), Nays (0). Motion carried. E-13 Senjem moved, McConnell second to approve the following licenses and bonds: GAMBLING - PREMISE PERMIT - Hockey Rochester Youth Mustang Asso. C J'S Lounge - HEATING CONTRACTOR - NW Sheetmetal Co. of St. Paul MASTER INSTALLER - Rodney Albers, White Bear Lake, Mn. SEWER AND DRAINS - Steve Jech Excavating - Elgin ,Mn.& Larry Seversoi Const. of the Senjem moved, McConnell second to approve the granting of 90 day extension for the following businesses that did not have a completed application at the time of this Council meeting. Moose Lodge, John's Family Rest. ( Brown Hotel ), Hinck Lounge, Inc. 1 DBA RochesCheer; Rochester Economy Lodge'( Ramada Inn ) ; Christenso Food and Drink ( Ed's Attic ) and Rookies - Outstanding Taxes - John's Fam. Rest. ( Brown Hotel ), Rochester Economy Lodge ( Ramada Inn ) Christenson Food and Drink ( Ed's Attic ) and Great Hunan. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _ 4-4.40 Adinurnpd MPPting 23 - March 20, 1994 Agenda Item E-14 Evans moved, Stobaugh second to adopt Resolution No. 137-95 providing for the issuance and sale of the City's $12,900,000 G.O. Variable Rate Demand Sales Tax Revenue Bonds. Ayes (7), Nays (0). Motion carried. E-15 Senjem moved, Stobaugh second to adopt Resolution No. 138-95 awarding the low bid - Dave Syverson Truck Center for the purchase of two 1995 36,000 BVW Trucks with dump boxes and hydraulic systems. Ayes (7), Nays (0).Motion carried.Total bid - $98,832.00 E-16 McConnell moved, Evans second to award the low bid from Dave Syverson Truck Center for one 1995 54,000 GVW Truck with dump box and hydraulic system. Total bid $67,390.00. E-17 Senjem moved, Stobaugh second to adopt Resolution No. 140-95 approving the low bid of Aaron Carlson for the Custom Furniture at the Rochester Public Library in the amount of $15,482.97. Ayes (7), Nays (0).Motion carried. E-18 Canfield moved, Stobaugh second to adopt Resolution No. 141-95 approving a contract with the State of Minnesota Board of Govt. Innovations; vehicle maintenance facility study. Ayes (7), Nays (0). Motion carried. E-19 Evans moved, Stobaugh second to adopt Resolution No. 142-95 authorizing the purchase of 122 19th Avenue N. W. - $30,100. for the Flood Control Project Acquisition settlement - Ayes (7), Nays (0).Motion carried. E-20 Senjem moved, Evans second to adopt Resolution No. 143-95 approving the lease agreement for property at 906 7th Avenue N.W. with monthly rent being $450.00. Ayes (7), Nays (0).Motion carried. E-21 Stobaugh moved, Evans second to adopt Resolution No. 144-95 approving a revocable permit for an electric p'anel encroachment in the alley in Blk 8, Original Plat. ( U.S. Sprint ) Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, Stobaugh second to adopt Resolution No. 145-95 approving the purchase of 6.98 acres in fee simple title and 1.25 acres in Temp. easement from IBM for the purchase price of $130,000. Ayes (7), Nays (0).Motion Carried. E-23 Stobaugh moved, Evans second to adopt Resolution No. 146-95 approving that the City enter into Agreement No. 73016 with the State of Mn. for payment by the City to the State for the City's share of the costs of the work - Bridge Replacement TH 14 - Eastbound bridges over the Zumbro River and Bear Creek. The City share is $71,700.00. Ayes (7), Nays (0).Motion carried. E-24 Senjem moved, Stobaugh second to adopt Resolution No. 147-95 and 148-95 setting a hearing for April 17, 1995 on Project No. 6311- 3-95 - Watermain in llth Ave. S.W. from South Pointe Dr. to Gerlack Sub. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 20, 1995 COUNCIL 4441 1 Agenda Item E-25 Stobaugh moved, Evans second to adopt Resolution No. 149-95 awarding the low bid to Fraser Construction Co. to complete the demolition of 1210 4th St. S.E. for $5,285.00. Ayes (7), Nays (0). Motion carried. E-26 McConnell moved, Stobaugh second to approve the transfer of the On -Sale 3.2 beer license for Northern Hills Golf Course from Rod Steele to Ferdinano Regal of Regal Catering. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance annexing to the City 20.77 acres of land located in a portion of the NW 1/4 of Sec. 13, T 106N R 14W was given its first reading. F-1 An Ordinance Rezoning property to M-2 -18.47 acres more or less in NW 1/4 of Sec. 13 T 106N R 14W was given its first reading. F-1 An Ordinance Creating and enacting clause (K) of Subsec. (1) of Sec. 62.278 to the RCO relating to the display of signs in conjunction with a home occupation was given its first reading. Senjem moved, Stobaugh second to suspend the rules and give this Ord. a second reading. Upon Roll call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem, Stobaugh and Pres. Hunziker voted aye. Ayess (7), Nays (0).Motion carried. The Ordinance was given its second reading. Evans moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carf•ied. F-1 An Ordinance amending various sections in 62.312-of the Rochester Code of Ordinances relating to the Permitting Funeral Homes in Commercial Zoning Districts was given its first reading. Senjem moved, Canfield second to suspend the rules and give this a second reading. Upon Roll Call Vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and Pres. Hunziker voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Senjem moved, Evans second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester 3.08 acres of land located in the NE 1/4 of Sec. 17.T 107N R 14W was given its second reading. McConnell moved, and Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing to the City Lot 13, Blk 7, Rose Harbor 4th Sub. Stobaugh moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing to the City of Rochester approx. 2.17,:acres of land located in the SE 1/4 of Sec. 22, T 106N R 14W was given its second reading. Canfield moved, Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing to the City of Rochester 17.04 acres of land located in the SCE 1/4 Sec. 9 T 106N, R 14W was given its second read Nayosa�8�.po pd, Garfield second to adopt the Ord. as read. Ayes (7) ng. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4442 Adjourned Meeting N o. 23 - March 20, 1995 Agenda Item F-1 F-1 F-1 G-1 G-2 H-1 H-2 An Ordinance Annexing to the City of Rochester approx. 39 acres of 1z located in Sec. 3 and 10 T 106N R 14W, Rochester, Mn. was given its second reading. Stobaugh moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Aid Ordinance annex. to the City of Rochester Dallman`s First Sub. including the platted ROW was given its second reading. Senjem moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Annexing to the City 72.5 acres of land located in Sec. 3 and 4 T 106N R 14W was given its first reading. McConnell moved, Canfield second to suspend the rules and give this Ord. a second reading. Upon roll call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem, and Stobaugh and Pres. Hunziker voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Senjem moved, Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to remove the Amending of the 1994 Community Dev. Block Grant Final Statement from the table. ( request for $2,700. stove by the Women's Shelter.)Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the amount requested.. Ayes (6), Nays (1). Councilmember Myhrom voted nay. Motion carried. Canfield moved, Stobaugh second to remove the Parking Control Computers and Software bids from the table. Ayes (7), Nays (0). Motion carried. Evans moved, Stobaugh second to reject all bids. Ayes (.7), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve transferring $2,000. from the Contingency acct. for funding of the Collaborative Planning Task Force. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to adopt Resolutions No. 150-95 and 151-95 congratulating Lourdes High School and Mayo High School for winning the Mn. State High School Girls Basketball Tournament in St. Paul in Class A and Class AA. The Council offers its happiness in making this city "Titletown". Thanks girls. Ayes (7), Nays (0).Motion carried. Having no further business, Canfield moved, Senjem second to adjourn the meeting. Ayes (7),Nays (0).Motion carried City Clerk IT: