Loading...
HomeMy WebLinkAbout05-01-1995RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Meeting 26 - May 1, 1995 OF THE COMMON COUNCIL MINNESOTA 4459 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 by Lowell Penz of Property located West of Salem Point Third Sub. in the N 1/2 of Sec. 9, Roch.Township. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing Lowell Penz and is present for any questions the Council may have. Having no one else present that wished to be heard, President Hunziker closed the hearing. Evans moved, Canfield second to approve the request and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. C-1-19 The Consent Agenda was brought before the Council. The items that were not considered in the following motion are C-9 and 16-18. They will be acted on in the next motion. Canfield moved, Stobaugh second to approve the following: C-1 Approve the minutes of the April 17,1995 meeting. C-2 Approve the request authorizing the disposal of the used Fire Dept. equipment giving used radio console and recorder to the Rochester/ Olmsted Emergency Operations Center and several used bed frames, box springs and mattresses to the Dorothy Day House. C-3 Approve the following licenses and bonds: CIGARETTES Asian Food Store - Over the Counter 607 6th Ave. N.W. Jay Christenson DBA Ed's Attic - Vending Machine - 530 llth Ave. N.W. DANCE - Jay Christenson DBA Ed's Attic GAMBLING - American Legion Post 92 Bi-Annual Premise Permit Voiture - 315 1st Ave. N.W. Bi-Annual Premise Permit. Rochester Art Center - Raffle 6-17-18 Central Park. HEATING CONTRACTOR - John Hudson Plumbing Roch.Mn. MASTER INSTALLER - John Hudson of Rochester, Mn. SIDEWALKS - Lawson Construction, Stewartville,Mn.; Morris Concrete Inc. Claremont, Mn.; Roger D. Peterson Construction, Dover, Mn.; Young,Pressnall and Lawler Concrete, Rochester, Mn.. SIGN ERECTION - Ace Signs of Albert Lea MISC. ACTIVITIES - Rochester Area Special Olympics - Walk-A-Thon June 3, 1995-Silver-L:ake/Zumbro Bike Path. C-4 Approve the name change for the On -Sale Int. ( Exclusive) Liquor license from, KRG Partnership to Kings Crossing Bar and Grill Company. C=5 Adopt Resolution No. 193-95 approving the Sound Amplification Permit and Waiver of time for the Salvation Army for May 21st , June 25, and Aug. 13 from 7:00 to 8:30 P.M. C-6 Approve the issuance of an Outdoor Dining Permit for the Open Table Rest. at 16 So`. Broadway. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4460 Regular Meeting No. 26 - May 1, 1995 Agenda Item C-7 C-8 C-10 C-11 C-12 C-13 C-14 C-15 C-19 Approve the Accounts Payable in the amount of $1,618,724.20- file is in the office of the City Clerk. Approve the acceptance of a $2,500. donation from Celebrity Bowl Charities, Inc. distributed as follows: Rochester Civic Music $500.00; Rochester Civic Theater $500.00; Rochester Art Center $500.00 and SE Youth Orchestra $1,000.00. Adopt Resolution No. 194-95 authorizing the City Clerk to advertise for a 1995 Model Year 9 Wheel Articulated Rubber Tired Ra,ller. Bids to be opened at 11:00 A.M. May 18, 1995. Approve the Promotional Appointment of the following members of the Rochester Police Dept. to the position of Sergeant (12). Rickey Krueger, John O'Neil, Donald Hodkinson, Bob Schei, Terry Mays, Allan Kuehl, Michael Stellenberg, John Franks, Scott Sherden, Louis Bode, Wayne Berg and Bruce Sherden. This is effective May 1,199 Adopt Resolution No. 195-95 authorizing the City Clerk to advertise for bids on Project 6203-2-95 J 2545 - Streetscaping on 3rd St. S.E. from Broadway to the Zumbro River. Bids to be opened at 11:00 A.M. on May 31, 1995. Adopt Resolution No. 196-95 approving the addition of para. 82.2 and 229.2.to the Sec. B No Parking Zones as follows: (82.2) 3rd St. S.W. on the S. Side of the street from 23rd Ave. S.W. to a point 150 ft. E. of 23rd Ave. S.W. at all times. (229.2) 23rd Ave. S.W. on the W. side of the street from 2nd St. S.W. to 4th St. S.W. at all times. Adopt Resolution No. 197-95 approving the addition of Para. 63.5 to Sec. B No Parking Zones - 2nd Ave. N.W. ..(both sides)- from the DM & E RR to a pt. 50 Ft. plus or minus N. of the RR Dec. 1st to April lst; including the dead-end section of 2nd Ave. N.W. Adopt Resolution 198-95 requesting a hearing to be held on May 15, 1995 for the Rochester City Lines Service change on Route 13 Pinewood Area. Adopt Resolution No. 202-95 authorizing the City Clerk to advertise for bids on Project 7-95 J 9344 -Storm Sewer - Laterals for yard drainage control at three locations. Bids to be opened at 11:00 A.M. on May 31, 1995. Ayes (7), Nays (0).Motion carried. The Council discussed the items - C-9 and 16-18. These items pertainel to bids and Council has a questions on procedures. They were given the information and thus Canfield moved, Stobaugh second to approve the C-9 and C-16-18 items. 1 C-9 Approve and adopt Resolution No. 199A-95 authorizing the City Clerk to advertise for bids on a 1995 Model 4 X 2 21,400 LB GVWR Truck Chassis with Wrecker Body and Wheel Lift. Bids open at 11:00 A.M. on May 18, 1995. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - May 1, 1995 4461 Agenda Item C-16 Adopt Resolution No. 199-95 and 200-95 ordering a feasibility report and a public hearing to be heard at 7:00 P.M. on May 15 for New Sidewalk Project No. 1-1995 J 9335 Various locations throughout the city. C-17 Adopt Resolutions No. 203-95 and 204-95 ordering a feasibility report and a public hearing for May 15, 1995 at 7:00 P.M. on New Sidewalk Project 3-1995 J 9342 - Rolling Greens Area. C-18 Adopt Resolution No. 201-95 ordering bids for 11:00 A.M. on May 31, 1995 for Walkway Project No. 4 -1995 J 4946 - Various locations throughout the City. Ayes (7), Nays (0).Motion carried. D-1 Wishing to be heard was Debra Freiberg of 1239 Third Avenue S.E. and was informing the Council that the Animal Shelter did indeed have an active disease "Parvo" virus. She had taken a dog home from the shelter and within a week and a half it died of Parvo. She stated that she had costs of approx. $52.00 and emotions from her family that you can't put a cost on. She is upset with the condition at the Shelter and stated that the Council should do something about this or find temporary facilities to house the animals. She would like her money refunded and the City Administrator will contact her soon about this matter. Wishing to be heard was Donna Fisher of Rochester who works with Paws and Claws. She stated that she and other concerned animal workers had been telling the Council that this shelter was not good and at this time, she too, urged the Council to at least get a temporary shelter or do something. Councilmember Myhrom stated that he would like to see this issue cleared up and maybe a shot could be given animals so they would not contact Parvo. He would like to explore other options. He would like to have this reported back to the Council within a week. Council agreed with Councilmember Myhrom. No further action was taken at this time. E-1 Bob Pawelski, Director of Rochester Public Utilities was asked to speak to the Council regarding Rochester Public Utilities Energy Management Programs. Mr. Pawelski responded by memorandum on the recommendations by Mr. Norm Erickson on conservation of energy. One of the issues was the Partners Program which allows the Rochester Public Utilities to control the Air conditioning on the hottest days and RPU pays the customer $30.00. The benefit to RPU would be to conserve energy and :.thus save the "highest peak" rate from going up. Mr. Erickson contends that this program should be phased out and concentrate on other conservation measures such as high efficient light -bulbs etc. Mr. Erickson stated that customers who are not willing to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4462 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - May 1, 1995 Agenda Item E-1 sign for the conservation of air conditioners and water heaters. Council generally agreed with Mr. Erickson that other approaches could be considered and referred the matter back to the Rochester Public Utility Board. Stobaugh moved, Canfield second to refer this matter back to the Rochester Public Utility Board for further discussion. Ayes (7), Nays (0).Motion carried. The memo as referred to in item E-1 and the Erickson resolution are a part of the Request for Council Action and are on file with the City Clerk. E-2 Evans moved,Canfield second to approve an amendment to the Liquor Ordinance to allow ownership or management of more than one restaurant . Liquor license. Ayes (7), Nays (0).Motion carried and the City Attorney was instructed to prepare said ordinance. E-3 Senjem moved, Evans second to approve the transfer of the On -Sale and Sunday Liquor Licenses from Christenson Food and Mercantile to Jay Christenson DBA Ed's Attic. Ayes (7), Nays (0).Motion carried. E-4 Stobaugh moved, Canfield second to adopt Resolution No.203A-95 awarding the low bid of Communications Eng. Company in the amount of $90,042.88 for the installation of voice and data cabling for the new City Hall. Ayes (7), Nays (0).Motion carried. E-5 Senjem moved, Stobaugh second to adopt Resolution No. 204A-95 approving a resolution of the Public Utility Board designating May 7-13 as Drinking Water Week in Rochester,Minnesota.Ayes (7), Nays (0).Motion carried. E-6 Canfield moved, Evans second to adopt Resolution No. 205-95 approving an Engineer Agreement for Structural Modifications to 7th Street N. E. Bridge. This agreement is with Howard, Needles, Tammen and Bergendoff. Ayes (7), Nays (0).Motion carried. E-7 Stobaugh moved, Canfield second to adopt Resolution No. 206-95 authorizing the Mayor and City Clerk to execute an Intergovernmental Agreement with Olmsted County which describes the duties, respon- sibilities and liabilities of both agencies related to the construction, operation and maintenance of a public parking lot at 4th St. and 2nd Avenue S.E. Ayes (6), Nays (1).Motion carried. Councilmember Senjem voted nay. E_8 McConnell moved, Stobaugh second to adopt Resolution No. 207-95 approving the execution of a lease agreement with owners of Lots 2-12 Cook Subdivision under the terms and conditions as stated in the lease. Ayes (7), Nays (0).Motion carried. E-9 .Evans moved, Canfield second to adopt Resolution No. 208-95 } approving the execution of a lease for City Property at 1104 5th Ave. N.W. Terms and conditions are listed in the lease. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting N o. 26 - May 1, 1995 4463 1 Agenda Item E-10 Senjem moved, McConnell second to adopt -Resolution No. 209-95 approving the Assessment Agreement for San. Sewer and Watermain Ext. in East Ridge Sub. Phase I and instruct the Mayor and City Clerk to execute the agreement. Ayes (7), Nays (0).Motion carried. E-11 Senjem moved, Evans second to adopt Resolution No. 210-95 approving the low bid of $263,575.95 to Elcor Construction for Project No. 9406-J 9313 - Ext. of San. Sewer and Watermain from 36th Ave. S.E. to Strathmore Lane S.E. and San. Sewer, Watermain Storm Sewer Subdrain and Service Connections in East Ridge Sub. Phase I. Ayes (7), Nays (0).Motion carried. E-12 McConnell moved, Stobaugh second to adopt Resolution No. 211-95 approving an Assessment Agreement for Project No. 6311-3-95 J 9337 and Project No. 8217, J 9266 for Airport Dist. High Level Water Tower - ( Watermain Ext. in llth Avenue S.W. ). This is with Mr. Charles W. Gerlach. Ayes (7), Nays (0).Motion carried. E-13 Stobaugh moved, Senjem second to adopt Resolution No. 212-95 approving an engineering proposal by McGhie and Betts, Inc. for Project No. 6311-3-95 J 9337 - Watermain in llth Avenue S.W. This is from South Pointe Dr. S.W. to approx. 2800 Ft. N. of 60th St. S.W. then thru Gerlach Sub. approx. 1100 Ft. returning to llth Avenue S.W. approx. 3500 Ft. N. of 60th St. S.W. Ayes (7), Nays (0).Motion carried. E-14 Stobaugh moved, Evans second to adopt Resolution No. 213-95 authorizing the firm of Westwood Professional Services.. Inc. to be retained to provide Traffic Signal Timing for City Project 9551 ( J 6372 ). Ayes (7), Nays (0).Motion carried. E-15 Senjem moved, McConnell second to award the low bid of $68,190.15 submitted by H and H Electric for Traffic Signals on 37th St. and 21st Avenue N. W. J 6371. Ayes (7), Nays (0).Motion carried. Res. E-16 Senjem moved, Stobaugh second to award the low bid of $172,024.00 to Ag-Chem Equipment Company for a sludge application vehicle for our Water Reclamation Plant. Council questioned why only one bid was received. They were informed that only two companies in the country build this type of vehicle. Sometimes they do not bid for a project because it is out of their jurisdiction and/or the other company does not need the work. Ayes (5), Nays (2). Councilmembers Evans and McConnell voted nay as a protest of only one bidder being interested. Motion Carried. Resolution 215-95. 214-95 E-17 Canfield moved, Stobaugh second to approve the proposed guidelines for the CDBG Rental Rehabilitation Loan Program Policy Guidelines. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester approx. 10.66 acres located in a portion of the N 1/2 of Sec. 9, Township 106N.R14W (W. of Salem Pt. 3rd Sub.) was given its first reading. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4464 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - May 1, 1995 Agenda Item F-1 F-1 F-1 G-1 An Ordinance amending Sub. 5 of Sec. 125A.03 of the RCO Relating to the number of Liquor Licenses which may be issued to one place or one person was given its first reading. Evans moved, McConnell second to suspend the rules and give this Ordinance a second reading Upon Roll Call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem, Stobaugh and President Hunziker voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Stobaugh moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance annexing to the City approx. 41.32 acres of land located in a portion of the W 112 of Sec. 9, T 106N R 14W was given its second reading. ( Salem Rd. and West Circle Rd.). McConnell moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. n Canfield moved, Stobaugh second to adopt Resolution No. 216-95 approving an owner contract for Basic Construction in No. Heights East loth Sub. with Payne Co.,., Friedrich Construction and Rochester Sand and Gravel. Ayes (7), Nays (0).Motion carried. Senjem moved , Stobaugh second to remove the Offers to Purchase Lot 8, Blk 1, Elton Hills Business Park from the table. Ayes (7), Nays (0).Motion carried. Tom Hexum of 922 No. Broadway wished to be heard regarding this matter. President Hunziker cautioned the speakers to stick to the topic of price and no derogatory remarks to each other ( Meaning Jeff Brown, the other interested party.). With that in mind, Mr. Hexum proceeded and /stated that he would remind the City that taking Mr. Brown's bid, which is more money for the City, the City would be taking a greater "risk" and that is a something the City should take into consideration. Their offer of a214,021.72 is cash and they can pay it immediately. Mr. Brown had a price of $294,079.72 but with risks attached and the payment would be in 90 days. He urged the City to accept their bid (a sure thing). Wishing to be heard was Jeff Brown and he stated that he would like to have this land and he did not think the City should lose $80,000. to a lower price. Mr. Brown stated that he is pretty sure the potential businesses would buy the land and therefore he is willing to pay the extra costs. It was noted by the City Administrator that the Brown offer would pay $5.51 per square foot and that the offer of Hexum is only $4.01 per square foot. We should always be able to get $4.01 and if the Brown deal fell thru, the City would always have the land and hopefully we could always get $4.01 per foot. He urged the approval of this request. Councilmember Myhrom was in favor of tasking this back and getting j.,. new bids. He wanted to have non refundable earnest Money and have the money in 15 days. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - May 1, 1995 4465 Agenda Item H-1 After Council discussion, Stevan Kvenvold, City Adm. stated that he can't see how the Council can consider not taking the $80,000. more. He realizes that there are a few risks, but Mr. Brown has done good business with the City and it is more money. Councilmember McConnell agreed with Mr. Kvenvold. He stated that thi! is just too much money to pass up. Having no further discussion, Stobaugh moved, McConnell second to accept Brown's offer. After further discussion, McConnell removed his second and Stobaugh removed his motion. After discussion, and Mr. Jeff Brown arriving at the Council meeting, he wished to be heard. Mr. Brown stated that he would like to see this handled tonight because the potential clients he has are ready to sign and waiting might hamper these sales. Mr. Hexum agreed that he, too, would like to settle this tonight. Mr. Kvenvold, City Administrator reminded the Council that if this is tabled it should be tabled for a higher per sq. ft. price then $5.51 because that is what is being questioned by the Council. He feels that we can always get $4.00 per sq. ft. Councilmember Canfield looked at the situation from his own business experience. He stated that if he was to deal with this from a personal standpoint, he would take the $80,000. more money. This property has been vacant for two years. Mr. Brown made the offer as stated and minutes before Mr. Brown was suppose to discuss this with the Council, Mr. Hexum came in with his offer. It is noted that there had been no offers on the contested lot for at least six months before Mr. Brown made this offer. Councilmember Senjem wanted the City to made a counter offer to Hexum asking for a non-refundable deposit and a reasonable closing date. After further discussion, Canfield moved, Stobaugh second to accept the offer made by Mr. Brown. Ayes (4), Nays (3). Councilmembei Senjem, Evans and Myhrom voting nay. Motion carried. Resolution No. 217.-95 was approved. Having no further business, Canfield moved, Stobaugh second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. F City Clerk