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HomeMy WebLinkAbout11-20-19954566 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 43 - November 20, 1995 Agenda Item A-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, Myhrom ( 7:08 P.M.), Senjem and Stobaugh. Members absent: None. A Hearing on the proposed vacation petition by Vilett-Ondresky Realty to vacate the 17 ft. wide Rail Easement located on Lot 1,. Block 2, Cascade Industrial Park. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Senjem second to adopt Resolution No. 598-95 approving the request. Ayes (6), Nays (0).Motion carried. A Hearing on the proposed assessment on Project No. 6354-95 J 9346 Low Flow Concrete Flume in Bel Air Drainage on North Line of Elton Hills North Third Subdivision. Wishing to be heard was Joe Anderson of 961 Chalet Dr. N.W. and wished to compliment the project. He stated that it looked nice and they were happy to have it completed. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolution No. 599-95 approving the assessment levy. Ayes (6), Nays (0).Councilmember Myhrom who arrived at 7:08 P.M. abstained because .he was not present for the entire hearing. Motion carried. A presentation was made to the Rochester Fire Dept.( Rusty Clark ) on behalf of the Paws and Claws (Donna Fisher) because they rescued an animal on Cascade Lake. She commended the Fire Dept. for compassion not only with people, but animals as well. Accepting the plaque was Elgin Norman with the Fire Dept. A Hearing on the proposed assessments on Project 6241-94 J 9282 - Street Resurfacing, Concrete Curb and Gutter on 41st St. N.W. from 15th Ave. N.W. to Summit Square. Wishing to be heard was Steve and Penny Griggs of 1215 41st St. N.W. who also had sent a letter in protest to this assessment. They stated that Lot 1, Block 1 Essex Estates 2nd had been figured wrong and they were opposing the assessment against 130 ft. They also stated that another lot that was assessed 130 ft. and they feel is not correct is Lot 21, Blk 1 Essex Estates 2nd. Mr. Richard Freese of the Public.Works Dept. stated that it was indeed correct that the Griggs were assessed for more footage then they should.have been. The correct amount should be "10 ft." in both cases. This will be corrected. Having no o.ne else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 600-95 approving the levying of the assessment as corrected. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessments on Project 7025 Sewer and Water Delinquent Charges ; Project 7024 Tree Removal and Project 7021 Weed Eradication. Having no one present that wished 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 41 CITY OF ROCHESTER, MINNESOTA Agenda Item B-4 to be heard, President Hunziker closed the hearing. Evans moved, McConnell second to adopt Resolutions 601-95, 602-95 and 603-95 approving the levying of the assessments. Ayes '(7), Nays (0). Motion carried. B-5 A Hearing on the proposed assessment of Project No. 6204-2-94 J2230 Reconstruct 4th St. S.E. from 3rd Ave. S.E. to llth Ave. S.E. Wishing to be heard was Cindy Kretchner of 908 4th St. S.E. and is opposed to this assessment. She is unhappy with the project. The Construction took too long, she was unable to use here drive- way for longer than originally told, no parking in the general area. Also stating the same as Ms. Kretchner was Erin Mewhorter of 912 4th St. S.E.. She stated that the cement in her driveway has been torn up twice and now it is not correct. It is like going over a speed bump. She also is speaking for another neightbor who is also unhappy. Mr. Freese of the Public Works Dept. ( Dir. ) is getting back to these people with answers.to some of the concerns. Also wishing to be heard was Steve Ross of 603 4th St. S.E.He is on Lot 1, Block 45 of Morse and Sergeants Sub. Public Works Dept. had worked with Mr. Ross and they reduced his original assessment from $3,211.00 to $2,100.41. This will be handled by an Assessment Agreement. So the entire amount of $3,211.00should be eliminated from this project assessment hearing. Wishing to be heard was Mike Rossi of 524 4th St. S.E. and wondered how his assessment amt. could be doubled from the original estimated amount. Mr. Freese of the Public Works Dept. explained the method of calculation and reminded him that the original amt. given was just an estimate. But Public Works Dept. did find that this assessment could be reduced from $3,211.20 to $2,600.00. The footage of his property was reduced. Also if anyone had claims that was due to a contractor error or the fault of them, they had to file a claim with that contractor for the potential damage. It was reported that sand was and still is in the water and cracks are shown in some of the walls from the blasting. Having no one else present that wished to be heard, President Hunziker closed the hearing. Myhrom moved, Canfield second to table the assessment against Lot 1, Block 45 from the assessment roll. Ayes (7), Nays (0).Motion carried. Evans moved, Canfield second to adopt Resolution No. 604-95 approving the remaining assessments. Ayes (6), Nays (1). Council - member Stobaugh voted nay. Motion carried. The additional funding will be taken from the Water Utility fund. C-1-13 McConnell moved, Stobaugh second to approve the following items C-1-13 Consent Agenda. C-1 Approve the minutes of the October 16 and 23, November 6th and 8th 1995 meetings. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4568 Adjourned Meeting No. 43 - Nov. 20, 1995 Agenda Item C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 Adopt Resolution No. 605-95 approving an agreement with MN/DOT for Highway Lighting at Trunk Highway 14 and Eastgate Drive S. E. Approve the following licenses and bonds: GAMBLING -PREMISE PERMIT MLBA Children's Fund - Mpls ,Mn. ; PREMISE PERMIT FOR: Shenanigan's Inc. and Crown Rest. and Lounge and Elks Lodge TEMPORARY GAMBLING - Rochester Area Disabled Athletics and Rec. Inc. - Raffle 1-20-1996 and St. Francis School MASTER INSTALLER - James C. Glatzmaier - Roch.Mn. ON -SALE INTOXICATING SUNDAY LIQUOR Creative Cusine, Inc. DBA Broadstreet,Cafe and Bar and Michaels Supper Club. , MISCELLANEOUS Rochester Branch NAACP - Dr. Martin Luther King Mem. Parade-1-15-96 ANNUAL DANCE LICENSE Rodney Young DBA First Class Rest. Approve the Accounts Payable in the amount of $1,724,207.81- List on file with the City Clerk. Adopt Resolution No. 606-95 approving the Rochester Amateur Boxing Club Agreement Adopt Resolution No. 607-95 approving a lease with William Schmidt for 35 acres of parkland for the purpose of cropping for the fee of $50.00 per acre. This is effective April 1, 1996 -Nov. 30,1996. Adopt Resolution No. 608-95 approving a lease with Curt Kroenig for 125 acres of parkland for the purpose of cropping for the fee of $71.50 per acre. This is effective from April 1, 1996 until November 30, 1996. Adopt Resolution No. 609-95 approving the DEMO Agreement between Olmsted County and the City of Rochester for Snow and Ice Control on Bridges with the City of Rochester. Adopt Resolution No. 610-95 approving the agreement between the City and DM & E RR for the City to enter RR property to clean a ditch W. of llth Avenue N.W. and the DM&E RR tracks. Adopt Resolution No. 611-95 approving Supplemental Agreement No. 2- Project 6202-3-95 J 2173 San. Sewer Const. at 2nd St. S.W. -14th Ave. to 16th Ave. Adopt Resolution No. 612-95 authorizing Supplemental Agreement No. 1 for Sidewalk Replacement Project 9-1995 J 9355 - The amt. is $2,025.19. Approve the appointment by Mayor Hazama of Robert L. Ellis to the Zoning Board of Appeals. Term to run to Sept. 1-1998. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 43 - November 20. 1995 COUNCIL 4569 Agenda Item C-13 To approve the appointment by Mayor Hazama to the Cable TV Advisory Committee of James S. Martin 2026 13th Avenue N.W. Term will run to 12-31-98. Ayes (7), Nays (0).Motion carried. D-1 A plaque was awarded to the Rochester. Police Dept. commending them on a successful "Night Out" program in the City of Rochester , 1995. E-1 Senjem moved, Myhrom secondto approve the Findings of Fact , Conclusions of law, and order T.L. Hexum and Associates, Inc. Land Use Plan Amendment 95-4. Ayes (7), Nays (0).Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 613-95 adopting the Land Use Plan for R.L.Hexum. Ayes (7), Nays (0).Motion carried. E-2 Canfield moved, Evans second to approve the submission of comments to the FCC, including opposition to the FCC proposal to approve the migration of four regulated services to an unregulated tier in the settlement with TCI. Ayes (7), Nays (0).Motion carried. E-3 Senjem moved, Stobaugh second to adopt Resolution No. 614-95 approving Change Order No. 1 and 2 in the amt. of $1,408.18 to the Norstan Communications Library contract. Ayes (7), Nays (0). Motion carried. E-4 Senjem moved, Stobaugh second to adopt Resolution No. 615-95 approving an agreement for the Public Utility of a cost -sharing grant agreement with the Mn/DOT to reimburse to the City 50% of the costs or $50,000.00 whichever is less for the work. Ayes (7), Nays (0).Motion carried. E-5 Senjem moved, Stobaugh second to adopt Resolution No. 616-95 authorizing the position of Event Coordinator in the Park and Rec. Dept. ( Mayo Civic Center ) for Richard Wilker. Ayes (7), Nays (0). Motion carried. E-6 Stobaugh moved, Evans second to adopt Resolution No. 617-95 approving and authorizing the RPU General Manager and the City Attorney to execute the settlement agreement with Paul D. Kintop. Ayes (7), Nays (0).Motion carried. E-7 Evans moved, Stobaugh second to adopt Resolution No. 618-95 approving the negotiated settlement with Robert and Shirley Rossi in the amt. of $2,500. and John and Phyllis Bruning in the amt. of $2,110. and Mrs. Vernon Haakenson in the amt. of $2,670.00. Ayes (7), Nays (0).Motion carried. E-8 Stobaugh moved, Evans second to adopt Resolution No. 619-95 approving the appointment process for the 2nd Ward Councilmember. The current Councilmember is being sworn in as Mayor on Jan. 3, 1995 M7:00 P.M. The rules are listed on the resolution. Ayes (7), Nays . Motion carried. H vin no further i ess, SS ob u b moved,.Evans second to adjourn tie meting. Ayes �y�.�ays (0 �lo�ion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4570 CITY OF ROCHESTER, MINNESOTA AdjPurnPd Meeting No- 43 - Nnvpm Pr 20, 1995 Agenda Item F-1 kn Ordinance Rezoning property to M-1 in the SE 1/4 of Sec. 26, Township 106, Range 14 Olmsted Co. except for the 3 acre parcel ilready zoned M-1 lying east of TH 63 ROW consisting of about 143 icres - R.L. Hexum Property. This was given its first reading. /1 ti CTty Clerk 1