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HomeMy WebLinkAbout10-16-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4551 Adjnurncd Medina No- 40•- OctnhPr 16, 1995 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 (7:05 P.M.), Senjem and Stobaugh. Absent: None., B-1 A Hearing on the City Council Initiated Land Use Plan Amendment and Zone Change Request - Lot 4, Blk 2, Eastgate Commercial Park -Richard Arend and 2009 Eastwood Dr. S.E. Ar."ti_stic Fabrication Timothy Buechler. Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, McConnell second to approve the request for both the Land Use Plan with the conditions as listed by the Planning and Zoning Commission and instruct the Council to use the Findings of Fact as outlined by the Planning and Zoning Commission. Also included is the -Zone Change. Ayes(6), Nays (0).Motion Carried. Councilmember Myhrom arrived - 7:05 P.M. B-2 A Hearing on the Zone Change request by Timothy Buechler to rezone .55 acres of land from the R-1 Dist. to B-4 Dist. Wishing to be heard. was Timothy Buechler of 928 Rocky Creek Est. and thanked the Council for the work they have given him. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Senjem second to approve the Findings of Fact that were established by the Planning and Zoning Commission and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion Carried. B-3 A Hearing on the Amendment of the 1994 Community Development Block Grant Final Statement. Having no one present that wished to be hearing, Evans moved, Stobaugh second to approve this request for $3,000. to the Olmsted Co. Community Action Program for emergency energy assistance. Ayes (7), Nays (0).Motion carried. Councilmembe Senjem would appreciate a report next spring on the CAP Program and how it was used. B-4 A Hearing on the Text Amendment 95-5 defining "Adult Establishment". Having no one present that wished to .be heard,. President Hunziker closed the hearing. Stobaugh moved, Evans second to approve the request. Ayes (6), Nays (0). Myhrom abstained. Motion carried. Councilmember McConnell left the meeting at 7:15 P.M. because of an illness. 1-5 JA Hearing on the Charter Amendment for Special Elections for Vacancies in Elected Offices. Having no one present that wished to be heard, this hearing being cancelled, Evans moved, Stobaugh second to close this request. Ayes (':_:), Nays (0).Motion Carried. C-1- (Canfield moved, Stobaugh second to approve the agenda which reads: Items 1-2, 4-11 and 13-18. Ayes (o), Nays (0).Motion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4552 Adjourned Meeting No. 40 - October 16, 1995 Agenda Item C-1 C-2 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-13 Approve the minutes of the Sept. 18, 1995 meeitng. Approve the Findings of Fact -Pemberton Request to rezone 2.35 acres from R-1 to B-5. Adopt Resolution No. 530-95 authorizing the City of Rochester to purchase one all steel 3,000 sq. ft. hangar located in the commercial area of the Rochester International Airport in the amt. of $55,000.00. Adopt Resolution No. 531-95 authorizing the one year operating agreements ( Commercial ) with ABX /Airborne Express and Federal Express Corporation to operate at the Rochester International Airport. (Approve the following licenses and bonds: GAMBLING - TEMP. Northland Children's Services for Ronald McDonald House - Raffle. This will be held at the Plummer House 11-3-95. HEATING CONTRACTOR Dale Sorenson Co. Bloomington, Mn. MASTER INSTALLER Dale Sorenson of Bloomington, Mn. SIDEWALK -Cement TCI General Contracting of LaCrosse Wisconsin. MISC. Rochester Education Assoc. for a Fitness Walk 10-24-95. Approve the Temporary On -Sale Int. Liquor license for Hiawatha Homes Foundation for Oct. 27 at the Radisson Plaza Hotel. Adopt Resolution No. 532-95 setting a hearing for Nov. 20, 1995 on the proposed assessments for weeds, trees, snow, debris removal and sewer/water. Approve the Accounts Payable in the Amount of $1,971,866.08 -list is on file with the City Clerk. Approve the acceptance of a donation from the American Legion Club No. 92 of Rochester in the amt. of $3,557.00 for emergency medical equipment for the care of residents of the City of Rochester. Adopt Resolution No. 533-95 approve staff to commence the acquisition of land rights for bikeway easement north of 37th St. N.E. J 4946. Adopt Resolution No. 534-95 authorizing Supplemental Agreement No. 1 for Project 6202-3-95 J 2173 and accepting the deduct-.. . of $6,300.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - October 16, 1995 COUNCIL 4553 Agenda Item C-14 Adopt Resolution No. 535-95 approving an assessment agreement and levying of the assessments for 4104 55th St. N.W. in the amt. of $4,450.48. J 9173. C715 (Adopt Resolution No. 536-.95 approving the assessment agreement with Kevin W. Roney at 3454 Lake Street N.W. in the amount of $154.46. C-16 Adopt Resolution No. 537-95 approving an assessment agreement with Timothy F. Buechler at 2009 Eastwood Rd. S..E. in the amt of $3,965.00. C_ 17 Adopt Resolution No. 538-95 approving the assessment agreement with Vernon C.Grover and his wife at 314 23rd St. N.E. in the amount of $15,894.90. C-18 Adopt Resolution No. 539-95 approving the setting of a hearing for November 6, 1995 on the proposed changes to the Rochester City Lines regular route service. Ayes (6), Nays (0).Motion carried. C-3 Canfield moved, Stobaugh second to extend the exemption to KTTC for the emergency warning override for an indefinite period subject to the condition that the exemption can be revoked if any problems arise. Ayes (6), Nays (0).Motion carried. C-12 Senjem moved, Evans second to adopt Resolution No. 540-95 authorizing staff to commence the acquisition of land rights for ROW along 31st St. N.W. J 9350. This is to be at the.appraised value and complete the acquisition of land rights at appraised value without further Council Action. Also, if necessary, authorize the City Attorney at the direction of the City Administrator to.initiate eminent domain procedsings for the purpose of acquiring land for the 31st St. project. Ayes (6), Nays (0).Motion carried. E-1 Senjem moved, Evans second to adopt Resolution No. 541-95 authorizing the Mayor and City Clerk to execute the Waiver of Claim Form with the MPCA for the Oronoco Landfill. Ayes (6), Nays (0).Motion Carried E-2 Stobaugh moved, Canfield second to adopt Resolution No. 542-95 rejecting the bids for the Civic Center Expansion and authorize a contract with CPMI for Project review services in an amt not to exceed $8,500.00. Ayes (6), Nays (0).Motion carried. E-3 Canfield moved, Stobaugh second to adopt Resolution No. 543-95 approving a resolution of the Public Utility Board as follows: Resolution No. 543-95 approving a purchase order with ABM Equip. for a replacement for truck No. 2 in an amt of $85,359.00. Ayes (6),Nays (0).Motion carried. E-4 Senjem moved, Evans. second to table this request for the taking of applications and proposals on an On -Sale Exclusive Intox. Liquor license. This was tabled until the Council has applicants interested in this type of business. Ayes (6), Nays (0).Motion Carried. 4554 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - October 16, 1995 Agenda Item E-5 E-6 E-7 E-9 E-10 E-11 E-12 Stobaugh moved, Canfield second to approve an additional $3,160.00 to fully reimburse Larry Aamot for actual time and expenses related to the library's two-phase move. This is in the amt. of $8,827.53 Ayes (5), Nays (1).Senjem voted nay. Motion carried. Senjem moved, Evans second to adopt Resolution No. 544-95 authorizinc the settlement of the Right-of-way Acquisitgn for the Cordul Property for Project 6241-2 J 2220 41st St. ROW Acquisition in the amount of $51,250.00. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 545-95 recommending to the Commissioner of Transportation to act as an agent for, the City that said contract be awarded to Road Constructors in the amt. of $2,211,218.28.Ayes (7), Nays (0). Motion carried. Evans moved, Canfield second to adopt Resolution No. 546-95 approving a Contribution Agreement with Mayo Foundation Project J 2173 - The estimated Mayo Foundations share is $76,684.32 (50% of the Est. project cost. ) Ayes (6), Nays (0). Councilmembers Senjem and Stobaugh work at the Mayo Clinic. Motion carried. Evans moved, Canfield second to adopt Resolution No. 547-95 approving the Contribution Assessment Agreement to connect public watermain to private water system in Skyline Dr. S.W. J 8569 . The following are the affected property owners: L.A. Earle of 1228 Skyline Dr. S.W. $1,350.32 D.J. Symmonds, 1232 Skyline Dr. S.W. $1,624.61 L.A.Aaro, 1124 Skyline Dr. S.W. $2,046.58 H.M. Carryer, 1125 Skyline Dr. S.W. $1,434.71 A.W. Brown, 1211 Skyline Dr. S.W. $2,953.82 H.W. Wahner 1217 Skyline Dr. S.W. $1,624.61 H.F. Bisel 1223 Skyline Dr. S.W. $1,603.50 A.H. Bulbulian, 1229 Skyline Dr. S.W. $1,793.40 S. Muller, 1237 Skyline Dr. S.W., $1,160.44 Ayes (6), Nays (0).Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 548-95 approving the Assessment Agreement for Brian Young of 4820 55th St. N.W. The amount is $29,360.59. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolutions 549-95 and 550-95 declaring the cost to be assessed and ordering a public hearing for November 20, 1995 on Project No. 6241-94 J 9282 - Street Resurfacing, Con. Curb and Gutter on 41st St. N.W. from 15th Ave. N.W. to Summit Square. Ayes (6), Nays (0).Motion carried. Senjem moved, Canfield second to adopt Resolution No. 551-95 and 552-95 declaring the costs to be assessed and ordering a public hearing for November 20, 1995 on Project 6354-95 J 9346 - Construct Low Flow Concrete Flume in Bel Air Drainage on North Line of Elton Hills North Third Sub. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned MPptiag No- 40 - October 16. 1995 4555 Agenda Item E-13 Stobaugh moved, Canfield second to adopt Resolution No. 553-95 and 554-95 declaring the costs to be assessed and ordering a public hearing for November 20, 1995 on Project 6204-2-94 J 2230, Reconstruc 4th St. S.E. from 3rd Ave.S.E. to llth Avenue S.E. Ayes (6), Nays (0).Motion carried. E-14 Myhrom moved, Evans second to adopt Resolution No. 555-95 awarding the low bid of $88,520.65 to Elcor Construction Co. for Project 9355 J 6259 - Improvements at 3 1/2 Ave. S.W. and 12th Street S.W. Ayes (6), Nays (0).Motion carried. E-15 Myhrom moved, Canfield second to adopt Resolution.No. 556-95 awarding the low bid of $5,100. to Automen Snow Removal Service for Option II and Dale Lee Construction for Option -I at $32,676.00. This is for the CBD parking lots, various streets, Peac-e Plaza, CBD Transit Mall and misc. areas in the City. Ayes (6), Nays (0).Motion carried. E-16 Canfield, moved,Evans second to adopt Res. No. 557-95 approving the extension of the parking facilities contract with APCOA for a three year period Jan. 1, 1996 to Dec. 31, 1998. Compensation will be determined by a management fee of $1,625/mo. for the Civic Center Ramp and 7.95% of the net revenue for the other 6 facilities. Ayes-(5), Nays (1). Councilmember Myhrom voted nay. Motion carried. E-17 Evans moved, Canfield.second to adopt Resolution No. 558-95 approving the purchase in flowage easement of 14.57 acres from So. Mn. Broadcasting Co. in the amt. of $14,900.00. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Amending the Term "Adult Establishment" as it appears in Sec. 60.200 of the RCO Relating to definitions of terms appearing in the Land Dev. Manual was given its first reading. G-1 Evans moved, Stobaugh second to remove the Personnel Policy Grievance Procedure from the table. Ayes (6), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution'No. 559-95 approving Personnel Policy Sec. XXVIII Grievance Procedure. Ayes (6), Nays (0).Motion carried. H-1 Senjem moved, Stobaugh second to continue to study a possible merger with the County Auditors office and that of the City Clerk's office. Council feels that they would like a discussion with the County Board and the Council on the possible merger. Councilmember Canfield stated that it is wise not to fill the position of the City Clerk at this time until a decision has been made. He suggests that with the merger only one department head is sel.ected and that it be a paid position not elected. Councilmember Myhrom has reservation and is not in favor of this. Ayes (4),.Nays (1). Councilmember Myhrom voted nay. Motion carried. The City Clerk's position is not to be filled at this time. Having no further business, Evans moved, Stobaugh secoVo adjourn the meeting. Ayes (6),Nays (0).Motion,,, �_