HomeMy WebLinkAbout11-06-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
.CITY .OF ROCHESTER, MINNESOTA
Regular Meeting No. 42- November 6, 1995 4557
Agenda
Item
President Hunziker called the meeting to order at 7:00 P.M., the
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following members being present: President Hunziker, Councilmembers
Canfield, Evans, McConnell, Myhrom,Senjem and Stobaugh.Absent: None.
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A Hearing on the Final Plat to be known as Rossi Court Subdivision.
Having no one present that wished to be heard, Persident Hunziker
closed the hearing. McConnell moved, Evans second to.adopt the
Plat to be known as Rossi Court Subdivision. Having no one present
who wished to be heard, President Hunziker closed the hearing.
McConnell moved, Evans second to adopt Resolution No. 562-95
approving the plat. Ayes (7), Nays (0).Motion carried.
B-2
A Hearing on the Conditional Use Permit 95-19 Type III, Phase II,
Restricted Development (Prel Phase) and Type III, Phase III Cond.
Use by Fiegel Trust to allow sand and gravel mining in the R-1
Dist. and the Floodway of Cascade Creek and the deposition of fill
in the Flood Fringe and Flood Prone Districts.
Wishing to be heard was Mitzi Baker of 1700 No. Broadway (CMS)
representing the applicant. She stated that they have satisfied
the requirements in the application and urged the Council to approve
this permit.
Wishing to be heard -was Steve Sajack of 4300 Lake St. N.W. and he
represents the landowners in the area and they are concerned about
how rapid the mining would be done and they do not want a basin
instead of a lake.in their back yard.
Gary Neumann, Assistant City Administrator stated that the City
is also concerned about the future plans in the area. Part of this
is doing a hydrauli.c analysis and a water analysis , water quality.
The City is concerned that we do not have a bunch of separated ponds.
He does not think such a study has been done. Lot ofthis mining
was done when the area was in the county and not in the City.
Having no one else present that wished to be heard, President
Hunz.iker closed the hearing.
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After Council discussion, Bob DeWitz wished to be heard. Since
the hearing had already been closed, Senjem, moved, Canfield second
to reopen the hearing. Ayes (7),Nays (0). Motion carried.
Wishing to be heard was Bob DeWitz of 604 llth Ave. N.W. He clarified
where the mining would be done and by whom. Also they will be
crossing the DeWitz property to 7th St. and they have no problems
with that. Having no further persons wishing to be heard,
President Hunziker closed the hearing.
Councilmember Evans asked if this request will affect the lake at all
President Hunziker stated that it depends on if they are connected
and depending on the mining in the area.
Councilmember Canfield stated that we need a better plan for the
area. Maybe the next year one can be drawn up.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
.4558 Regular Meeting No. 42 - November 6, 1995
Agenda
Item
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Gary Neumann,Assistant City Administrator stated that we are in the
final analysis stage of the area and this needs to be complete
before this can be brought back to the Council. It should be within
a year.
Having no further discussion, Canfield moved, Evans second to approve
this and adopt Resolution No. 563-95. This included the conditions
(8) as listed on.the Request for Council Action and also includes
the note by Gary Neumann which is also a part of the agenda. And
use the Findings of Fact as determined by the.Planning and Zoning
Commission as rationale.
Councilmember McConnell moved, Stobaugh second to amend the original
motion to issue the permit for a 10 year period and then bring this
back to the Council for review. This motion was voted on. Ayes (7),
Nays (0).Motion carried. The original motion was now voted on.
Ayes (7), Nays (0).Motion c rried.Canfield moved, Stobaugh second to
waive the Final Plan. Ayes (7), Nays (0).Motion carried.
A Hearing on the Land Use Plan Amendment 95-4 by R.L. Hexum Assoc.
Wishing to be heard was Lloyd Johnson of Kane Johnson Architects
representing the applicant. They are present for any questions the
Council may have. Having no one else present that wished to be
heard, President Hunziker closed the hearing. Senjem moved,
Stobaugh second to instruct the City Attorney to prepare Findings
of Fact conclusions of law and order based on the conditions as
listed in the Request for Council Action. Ayes (7), her
(0).Motion
a�soiconsiderecdoinegt by Jeff solmen loneedginddRailiinm9t . are
A Hearing on the Zone Change Request by R.L. Hexum Assoc. to rezone
143 acres of land from the R-1 and AG Dist. to the M-1 District.
Having no one present that wished to be heard, President Hunziker
closed the hearing. Canfield moved, Evans second to approve the
request and instruct the City Attorney to prepare Findings of Fact
based on the Criteria in 60.330 of the Land Development Manual.
Mr. Jeff Ellerbush of the Planning and Zoning Dept. stated, for
Council clarification the following:
The criteria in the Land Use Plan as far as location is concerned
:ATs'for Industrial Use instead of "having excellent access to
transportation facilities including direct access to a freeway,
expressway or arterial- access to either rail or air transportation
is also desired. The locational criteria for commercial
as stated in the Land Use Plan Again the Regional Shopping Center
according to the Land Use Plan for the commercial designation is
40 acres or more in size. It says for the locational criteria
applicable to the road system - "located at the intersection
of a major arterial or higher level street, that is what commercial
says. Industrial says "any excellent access to transportation
facilities including direct access to an expressway,freeway or
arterial. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 42 - November 6, 1995 455 9
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Agenda
Item
B-5 A Hearing. on the Proposed Changes to the Rochester City Lines
Regular Route Service. Wishing to be heard is Dale Caster of 325 5tr
Avenue S.E. He stated that the bus service Route No. 11 is schedule(
to be eliminated. He goes to work at 6 A.M. and needs this route.
Wishing to be heard was Greg Bonshee of 16 Rocky Creek Est. N.E.
He would like to see Route'12 - Express Route 12 to IBM remain.
Wishing to be heard was Dan O'Hara of 821 1st St. S.E. and
wanted the Route 3N to RCC 935 P.M. remain. He was informed that this
would remain on the route.
_ Wishing to b-eheard was Jane Slicho of 524 14th St. N.E. and Route 2
is a key route for her. She needs to be to work at 6 A.M. She
stated that ridership is a problem and that maybe more
advertising and broadcasting would increase riders so that this
route could be maintained.
Wishing to be heard was George Slicho of 524 14th St. N.E. and
stated that it is his wife who rides this bus and he is happy to
have this method of transportation. She leaves home early in the
A.M. and gets directly to her job at St. Mary's. He feels that she
is safe. He would like to have this route maintained.
Wishing to be heard was Tony Knauer of the Rochester Public Works
Dept. in charge of the Transportation division. He stated that the
bus company does not like to shrink the routes, but economically
it is not feasible to continue the suggested route changes.
Route No. 2 averages 1 rider per trip. Route 12 5:33 A.M. averages
3.4 people per trip and the goal for any trip is 10 riders.
Route 11 averages 1.5 a trip. Route 8 has 3.4 passengers.
Councilmember McConnell asked if any bus drivers will be laid off
with this proposed change. Mr. Knauer stated that they would be
absorbed into the system.
Wishing to be heard was Dan Holter of the Rochester City Lines.
He stated that no one would be laid off.
Also wishing to be heard was Randy Husted, dispatcher with the
Rochester City Lines. He stated that the Co. Club Manor routes
have to be cut because it cost $20-30.00 per trip and if the
people do not support the bus system, cuts have to be made.
It was. suggested that IBM maybe could subsidize the fare for their
workers. Mr. Knauer stated that they tried to get IBM interested
but so far they have cho§°en not to participate. Mayo Clinic does
subsidize their employees as does the City of Rochester.
Route 8 to Country Club Manor will also be deleted from the
schedule.
Having no one else present that wished to be heard,.President Hunzik(
closed the hearing. After Council discussion, Canfield moved,
Stobaugh second to adopt Resolution No. 564-95 approving the route
changes as outlined in the "Exhibit B" attached to the resolution.
Ayes (7), Nays (0).Motion carried.
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Councilmember Evans stated that if better communications are made,
maybe riders would go up. Councilmember Senjem bus service is needed
in this City and we should all support this method of transportation
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.4560 Regular Meeting No. 41 -November 6. 1995
Agenda
Item
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A Hearing on the Charter Amendment on publication requirements for
Street and Utility vacations. Councilmember Senjem left the meeting.
Having no one present that wished to be heard, President Hunziker
closed the hearing. McConnell moved, Evans second to instruct the
City Attorney to prepare an Ordinance making the changes. Ayes (6),
Nays (0).Motion carried.
Councilmember Senjem arrived back in the Council Chambers.
Evans moved, Canfield second to approve the following consent agenda:
Approve the minutes of the October 2, 1995 meeting.
Approve the City cost sharing in the 37th St. river gauge - South
Fork of the Zumbro River with (RPU and.US Dept. of the Interior -
Geological Survey WRD.) It cost the City $4,175. per year for
maintenance and'$551.0 for telephone and electric. RPU will pay
up to $2,000. and the rest of the City funding will be out of the
Flood Control Project.
Approve the following licenses and bonds:
CIGARETTE -Vending Mach.
Karla Sperry DBA Bilotti's Italian Rest.
GAMBLING - Premise Permit Renewal -
Rochester Mustang Youth Hockey Assoc. for North Star Bar
GAMBLING - Temp. Raffle -Rochester Area Family Y at the
Radisson Hotel 12-31-95.
HEATING CONTRACTOR - Faribo Plumbing and Heating.
MASTER INSTALLER- Gene Mullenbert, Faribault, Mn.
Adopt Resolution No. 565-95 approving a Supplemental Agreement No.
1 thru 7 for the construction of a records center at the Rochester
International Airport in the amount not to exceed $9,320.00.
Approve the Accounts Payable in the amount of $2,749,391.82. The
list is on file with the City Clerk.
Adopt Resolution No. 566-95 approving the execution of a lease
agreement for property at 612 loth St. N.W. for $400.00 plus utiliti
Adopt Resolution No. 567-95 approving the lease agreement for properi
at 504 llth St. N.W. for $450.00 per month plus utilities.
Adopt Resolution No. 568-95 approving the Airport Quiet Title Action
for Schulz Property J 6950. This is to purchase the fee simple
land rights at a value of $2,000.00. This purchase will help clarify
the Airport boundary.
Adopt Resolution No. 569-95 approving the Maintenance Agreement with
Mn. Dept. of Transportation . The total reimbursement from the State
to the City is $8,700.29 to maintain State roads.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 41 - November 6, 1995
COUNCIL
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Agenda
Item
C-10 Adopt Resolution No. 570-95 approving the Supplemental Agreement
No. 1 for Pro.ject 8-95 J 9354 - Sidewalk Replacement. This is in
the amount of $1,567.86.
C-11 Adopt Resolution No. 571-95 approving Supplemental Agreement No.
1-1994 Construction of Handicap Ramps in the amount of $6,632.64.
C-12 Adopt Resolution No. 572-95 approving Supplemental Agreement No.
1 for Project 7-1995 J 9344 Storm Sewer Project. This is in the
amount of $1,130.00.
C-13 Adopt Resolution No. 573-95 approving the No Parking zone on 26th
St. N.E. on both sides from the West Line of No. Hgts East llth
Sub. to. Co. State Aid Highway 22.
C-14 Adopt Resolution No. 574-95 approving a No Parking Zone on 23rd
Ave. S.W. on the W. side of the st. from 2nd St. S.W. to 4th St. S.W.
and on the E. side from 2nd St. S.W. to a pt. 200 ft. S. of 2nd St.
S.W. at all times.
C-15 Adopt Resolution No. 575-95 approving the Passenger Loading Zone
as follows: 14th St. N.E. on the S. side of the street from 9th
Avenue N.E. to loth Ave. N.E. ( Jefferson School).
Ayes (7), Nays (0).Motion carried.
E-1 Adopt Resolution No. 576-95 adopting the City's support for the
submission of the grant application for Performing Arts Center
Task Force for locating a Performing Arts Center on the University
Center Rochester Campus. Stobaugh moved, McConnell second to
adopt said resolution. Ayes (7), Nays (0).Motion carried.
E-2 Stobaugh moved, Evans second to adopt Resolution No. 577-95
approving the commencement of the Cable Franchise (TCI) Renewal
Process. Ayes (7), Nays (0). Motion carried.
E-3 Canfield moved, Evans second to deny the request for a Skyway Study
connecting the City Hall block to the skyway system. This did not
get voted on due to conversation with Doug Knott and Stevan
Kvenvold, City Adm. They informed the Council that in order to
get the property around the old City Hall. (block) marketable,
this proposal should be in order. Councilmember Myhrom is in
support of this as it is a marketing tool. Councilmember Senjem
and Evans and McConnell stated that we should wait until we get
proposals before we put money into another study. Councilmember
Canfield originally agreed with his above motion, but after getting
information from Doug Knott and the City Adm. he agreed that having
this information first would bring in interested parties.
Stobaugh moved, Myhrom second to adopt Resolution No. 578-95
approving the study. Ayes (4),Councilmembers Canfield, Myhrom,
Stobaugh and Hunziker voted aye. Nays (3), Councilmembers
Evans, McConnel and Senjem. Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular -Meeting No. 41 November 6, 1995
Agenda
Item
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Senjem moved, Stobaugh second to adopt Resolution No. 579-95
approving an agreement with Commercial Leasing Services for leasing
of the City Hall property and direct the Mayor and City Clerk to
sign tenant leases for space in City Hall - If the leases are below
the $8.00 minimum or require extensive renovation that they be
brought back for Council approval. Senjem moved, After Council
discussion, Canfield moved, Senjem second to amend the above
motion to allow leases for profit as well as non profit and all lease
are on net basis wi.th property taxes. Ayes (7), Nays (0).Motion
carried. The original motion is now being voted on - Ayes (7),
Nays (0).Motion carried.
Stobaugh moved, Senjem second to adopt Resolution No. 580-95
approving Change Order 9 in the amount of $53,000. to the Benike
Library Contract. Ayes (7), Nays (0).Motion carried.
Canfield moved, Evans second to adopt Resolution No. 581-95 approving
Change Order 6 to the Knutson City Hall contract in the amt of
$44,280.00. Ayes (7), Nays (0).Motion carried.
Canfield moved, Stobaugh second to adopt Resolution No. 582-95
approving Change order No. 3 - Fire Station No. 1 Project in the
amt. of $35,304.00. Ayes (7), Nays (0).Motion Carried.
Stobaugh moved, Evans second to adopt Resolution No. 583-95 approving
Change Order No. 10 to Lovering Johnson Ramp/Skyway contract result-
ing in a net reduction of $1,610.00. Ayes (7), Nags (0).Motion Carried
McConnell moved, Evans second to approve the transfer of the
On -Sale Wine and On -Sale Non -Intoxicating Malt Liquor licenses from
Wayne Nygaard to Karla Sperry for Bilotti's Italian Rest. effective
Dec. 1, 1995. Ayes (7), Nays (0).Motion Carried.
McConnell moved, Evans second to approve the On -Sale Wine and
Off -Sale 3.2 Beer to Zhen fen Guo and Xiao Guo for a restaurant known
as China Garden at 1645 North Broadway. Ayes (7), Nays (0).
Motion Carried.
Stobaugh moved, Evans second to adopt Resolution No. 584-95 author-
izing the elimination of the Construction Coordinator position
and reclass of Senior Eng. Tech./Design Drafter to Senior Eng. Tech/
Design Project Coordinator Eng. Fam. Grade V 11-6-95 and authorizing
the elimination of one first class line worker and adding one positio
to the Sen. Eng. Tech. Effective 1-1-96. This is in the Public
Utility Div. of the City. Ayes (7), Nays (0).Motion Carried.
Stobaugh moved, Evans second to adopt Resolution No. 585-95
approving the Labor Agreement LATSE-Local 416 and the City.
Ayes (7), Nays (0).Motion Carried.
Stobaugh moved, Evans second to approve the vacation
33rd St. N.W. no longer used for public purposes and
donation of land from Payne Company. This is needed
separation bet. 33rd St. and the entrance ramp. Ayes
Motion carried
of a part of
accept the
to provide adequate
(7),Nays (0).
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RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 41 - November 6, 1995 4563
Agenda
Item
E-14 Stobaugh moved, Evans second to adopt Resolution No. 586-95
authorizing execution of an Application by a Government Subdivision
for Conveyance of Tax -Forfeited Lands for an authorized public use
for the w 68.0 ft. of Lot 1, Blk 89 in Original Plat and that the
City has no interest in acquiring the remaining three tax forfeiture
.lands offered by Olmsted Co. Ayes (6), Nays (1).Motion carried.
Councilmember Senjem voted nay.
E-15 Senjem moved, Stobaugh second to adopt Resolution No. 587-95
setting a hearing date for December 6, 1995 on the Parking
Petition -Permit parking Zone # 4 Meadow Park. The following
areas are included in the hearing: 13 112 St. from 7th Ave. to llth
Ave. S.E. - 15th St. from 7th Ave. to loth Ave. S.E. and loth
Ave. S.E. from 13 112 St. to Cul-de-sac in 1500 blk. Ayes (6),
Nays (0).Motion carried.
E-16. Stobaugh moved, Myhrom second to adopt Resolution No. 588-95
requesting.the Commissioner of Transportation to rezone the speed
limit on 15th Ave. S.E. from 6th St. S.E. to TH 14 (12th St.S.E.)
Ayes (7), Nays (0).Motion carried.
E-17 Evans moved, McConnell second to adopt Resolution No. 589-95
approving the Handicap Parking for the City Library including
the Power Scooter at the Ramp for Library Patrons. The other
areas are outlined on the resolution.Ayes (7), Nays (0).Motion
carried. Evans moved, Stobaugh second to pull the request
for the Power Scooter from the above recommendations. Ayes (7),
Nays (0).Motion carried. The power scooter is not eliminated from
the items approved..
E-18 Stobaugh moved, Canfield second to adopt Resolution No. 590-95
approving the proposal of Hamel Green and Abrahamson, Inc.
Suite 102 to provide professional architectural and Eng..services
for Project 8215-24-96 to the NW Stairtower and 2nd St. Ramp.
The fee will not exceed $6,000. for the study and $13,000 for the
project design. Ayes(6), Nays (1). Councilmember Evans voting
nay. Motion carried.
E-19 Stobaugh moved, Evans second to adopt Resolution No. 591-95
approving the Parking Agreement with Chafoulias Management Co. for
parking in the 2nd St. Ramp with the recommendations as listed
in the Request for Council Action. Ayes (7), Nays (0).Motion
carried.
E-20 Stobaugh moved, Senjem second to adopt Resolution No. 592-95
awarding the low bid of 1996-1997 ZIPS Dial -A -Ride to Rochester
Transportation Systems, Inc. contingent of FA approval at an
amt of $467,784.04 for two years. Ayes (7), Nays (0).Motion
carried.
E-21 Senj'em moved, Stobaugh second to adopt Resolution No. 593-95
accepting the bids of CYTEC Ind. as low bidder for Liquid Aluminum
Sulfate at $172.00 and Hawkins Chemical for Anhydrous Ferric Chlori
at $279.57 per dry ton. Ayes (7), Nays (0).Motion carried.
4564
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 41 - November 6, 1995
Agenda
Item
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Canfield moved, Stobaugh second to adopt Resolution No. 594-95
approving the Consulting Agreements with Fox Lawson and Assoc. to
conduct a wage and salary study of city employee positions for the
amount of $12,000.00. Ayes (7), Nays (0).Motion carried.
Senjem moved, Stobaugh second to adopt Resolution No. 595-95
approving the insurance settlement with Home Insurance concerning
the City's claims of damages incurred`by the city relating to .
the former Rochester Gas Manf. Site . Ayes (7),Nays (0).Motion
carried.
An Ordinance amending Sec. 17.00 of the Charter of the City of Roch.
relating to the publication and posting requirements for vacations
of public interests was given its first reading.
An Ordinance relating to the Adult Establishment /an amendment
refinement on this Ordinance. McConnell moved, Canfield second
to table this matter. Ayes (7), Nays (0).Motion carried.
Canfield moved, Stobaugh second to remove the Maintenance Agreement
with Olmsted Co. pertaining to the road maintenance from the
table. Ayes (7), Nays (0).Motion carried. Senjem moved,
Stobaugh second to adopt Resolution No. 596-95 approving the
agreement. Ayes (7), Nays (0).Motion carried.
The vacation petition by Cronin Homes to vacate a portion of the
platted alley located adjacent to 616,620 and 622 North Broadway
was left on the table.
Having no further business, Stobaugh moved, Canfield second to
adjourn the meeting until 4:15 P.M. on November 8, 1995.
Ayes (7), Nays (0).Motion carried.
City Clerk
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