HomeMy WebLinkAbout01-17-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 2 - January 17 1996 4593
Agenda
Item
A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following
members present: Councilmembers Evans, McConnell, Senjem, Stobaugh.
Absent: Councilmember Hruska, vacant position of Councilmember of the
Second Ward.
B-1 A Hearing on Conditional Use Permit #95-18, Type III, Phase II, Restricted
Development and Type III, Phase III Conditional Use by Western Walls,
Incorporated, to allow sand and gravel mining in the R-1 district and the
Floodway of Cascade Creek and the deposition of fill in the Flood Fringe and
Flood Prone.
Wishing to be heard was Robert DeWitz, 602 11th Avenue N.W., the applicant
for the permit. Mr. DeWitz stated that he did not have any objection to the
conditions placed on the permit with the exception of #5 placing an assessment
review of the progress of the project after ten years. He noted that there is no
way that he could know what the Council will be like in ten years; there is
presently no general development plan for the area although they hope to
develop within a reasonable time.
Wishing to be heard was Mitzi Baker, CMS Development Services, 1700 North
Broadway, representing Mathy Construction. She had been asked to support
Mr. DeWitz in his objection to the ten year review on the permit. The Fiegel
property had a similar time condition placed on their permit and did not have an
opportunity to comment on that condition. In addition to supporting Mr. DeWitt,
she asked that the ten-year review condition be removed from the Fiegel
property if it is waived for Mr. DeWitz.
Having no one further wishing to speak, President Hunziker closed the hearing.
Councilmembers McConnell, Evans and Senjem noted their support of the permit
with no condition for review placed on the permit.
Mayor Canfield, President Hunziker and Councilmember Stobaugh all expressed
that they felt that some time review condition be placed on the permit so that
Councilmembers in the future could have some say in the development of this
property and their responsiveness to future homeowners in the area of the
mining operation.
Councilmember McConnell moved, Evans seconded, to adopt Resolution 019-96
approving Conditional Use Permit #95-18 with conditions #1,#2,#3,#4,#6, and #7
as noted and deleting condition #5 which was the.ten year review of the project.
Further discussion of the cons and merits of a review of the permit within a ten-
year period.
Ayes (3), Nays (2). Motion carried. President Hunziker and Councilmember
Stobaugh voted nay.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4594 Regular Adjourned Meeting No. 2 - January 17, 1996
Agenda
Item
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B-3
C-1 -
C-12
C-1
Terry Adkins, City Attorney, recommended that the Council consider an
amendment to Resolution 563-95 for removing condition #6, a review of the
permit after a ten-year period, for mining by Mathy Construction on the Fiegel
property.
Mitzi Baker spoke and formally requested that the change be made on the permit
for the Fiegel property. She was told by Council to proceed through the proper
channels to request the change.
A Hearing to consider the levying of the proposed assessments regarding
Sidewalk Replacement Project No. 8-1995, J- 9354 "Elton Hill Area".
Having to one wishing to speak, President Hunziker closed the hearing.
Councilmember Senjem moved, McConnell seconded, to adopt Resolution No.
020-96 levying the proposed assessments. Ayes (5), Nays (0). Motion carried.
A Hearing on Final Plat #96-12 to be known as Gramercy Park Subdivision.
Wishing to speak was Bill Tointon, McGhie and Betts, representing the applicant.
Mr. Tointon stated that conditions #1 and #3 placed on the plat were acceptable.
He noted that condition #2 is illegal under the platting law of the state and cannot
be placed on the final plat. Condition #4 requirement could be removed per the
Public Works Department, Don MacGillivray.
Having no one further wishing to speak, President Hunziker closed the hearing.
Discussion. Councilmembers were told that instead of condition #2 an
agreement between the developer and the property owners be signed to allow
pedestrian access to the park through Outlot A. The final plat could not be
signed until the agreement had been executed. Councilmembers then asked
Don MacGillivray, Public Works Department, if removal of condition #4 was
agreeable to him; he responded "yes".
Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 021-
96 on the Final Plat of Gramercy Park Subdivision with conditions #1 and #3 and
#2 be amended to require an agreement between the developer and the property
owners. Ayes(5), Nays (0). Motion carried.
Councilmembers Senjem moved, Evans seconded, to adopt resolutions
approving the following consent agenda items.
Approval of the minutes of the January 3, 1996 meeting.
1
0
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 2 - January 17, 1996 4 5 9 5
Agenda
Item
C-2 I Approval of the following licenses and bonds:
Gambling - TemporaU
Rochester Art Center raffle at the Kahler Hotel on February 24, 1996
Northland Children's Services raffle at the Minnesota Technical College
on February 4, 1996
Gambling - Premise Permit Renewal
Epilepsy Foundation at Rochescheer Country Pub and Kathy's Pub
Miscellaneous Activities
Knights of Columbus annual tootsie roll fund raiser in city streets and
shopping centers on March 26 through March 28, 1996
C-3 Adopt Resolution No. 022-96 closing completed improvements projects and
transferring unexpended balances in the amount of $60,567.67 pursuant to
Minnesota Statutes 429.091, Subd. 4.
C-4 Adopt Resolution No. 023-96 authorizing the Mayor and City Clerk to execute the
Engineering Agreement with McGhie & Betts for Schedule A, Phases I and II and
Schedule B, Phases I and II.
C-5 Adopt Resolution No. 024-96 entering into a contract with GAB Robins to provide
secondary claims administration assistance to the City including RPU.
C-6 Adopt Resolutions No. 025-96 and 026-96 advertising for bids for two 36,000
GVW single axle dump trucks and two 54,000 GVW tandem axle dump trucks for
the Public Works Department.
C-7 Adopt Resolution No. 027-96 adding Paragraph (1.3) to Section (J) Passenger
and Commodity Loading Zones of the Comprehensive Traffic and Resolution
Books to read: (1.3) "First Avenue S.W., on the east side, one stall adjacent to
the premise known and the 'Massey Building', 15 minute limit, Monday through
Friday, 7:30 A.M. to 5:00 P.M.
C-8 Approve the Accounts Payable in the amount of $1,202,000.28.
C-9 Approve the appointment to the Civic Music Board of Fredric Kleinberg for a
three- year term running to January 1999 to replace Kay Love Caskey.
C-10 Approve the appointment to the Library Board of Christopher O'Neill for a three-
year term running to January 1999 to replace Tom O'Brien.
Approve the reappointments from Olmsted County to the Library Board Eric
Fosdick and Judy Harris for three-year terms running to January 1999.
C-11 Approve the appointment to the Convention Bureau Board of Directors of Jay D.
Freeman to fill the unexpired term of Jerry Smith for one year.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4596 Regular Adjourned Meeting No. 2 - January 17, 1996
Agenda
Item
C-12
D-1
E-1
E-2
E-3
E-4
E-5
E-6
Approve the temporary appointment of Daniel M. Pulford to the position of
Sergeant effective January 16, 1996 due to the active military duty of Sergeant
Rick Krueger.
No one wished to present any letters, petitions or presentations.
Councilmember McConnell moved, Evans seconded, to approve the proposed
safety improvements to the 2B drop structure and authorize the Corps of
Engineers to proceed. Ayes (5), Nays (0). Motion carried.
Councilmember Stobaugh moved, Evans seconded, to approve the amendment
to Rochester Code of Ordinances Section 37.07 Enforcement authorizing, but not
requiring, the City to seek a court injunction against persons remaining within
condemned buildings. Ayes (5), Nays (0). Motion carried.
Councilmember McConnell asked why the salaries were not noted for this item
and if we should wait to approve until other contracts have been settled this year.
Steve Kvenvold, City Adminstrator, stated that the only contracts to be
considered this year will be Police and Fire and that in the future wage ranges
can be provided to the councilmembers for their information.
Councilmember McConnell moved, Stobaugh seconded, to adopt Resolution No
028-96 granting authority to the Director of Employee Relations to extend the
same changes in benefits and wages that the most appropriate
contract/agreement would have provided to employees not covered by any
labor/meet & confer agreements, effective January 1, 1996. Ayes (5), Nays (0).
Motion carried.
Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No.
029-96 authorizing the Director of Employee Relations to sign the agreement
regarding the new work schedule between the Dispatch Unit -Police Department
and the City of Rochester. Ayes (5), Nays (0). Motion carried.
Richard Freese, Director of Public Works, recommended that this item be tabled
until the February 5, 1996 meeting when another project, the watermain serving
Machinery Hill, is considered. He noted that access acquisition is a result of the
aforementioned project for Machinery Hill.
Councilmember McConnell moved, Evans seconded, to table any action on the
acquisition of the TH63 access opening serving the South Pointe Subdivision
until the February 5, 1996 council meeting. Ayes (5), Nays (0). Motion carried.
Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 030-
96 authorizing the Mayor and City Clerk to sign the contract with Hammel Green
& Abrahamson, Incorporated for remodeling the line garage facilities to
accommodate the parking meter shop and the painters. Ayes (5), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4 -
Regular Adjourned Meeting No. 2 - January 17, 1996
Agenda
Item
E-7 Councilmember McConnell moved, Evans seconded, to adopt Resolution No.
031-96 declaring the costs to be assessed and ordering the preparation of the
assessment roll and Resolution No. 032-96 ordering a hearing for Sidewalk
Replacement Project No. 9 - 1995, J-9355 "Country Club Manor Area". Ayes (5),
Nays (0). Motion carried.
E-8 Councilmember Senjem moved, Stobaugh seconded, to adopt Resolution No.
033-96 authorizing funds from the Parking Enterprise Fund to finance the project
and authorizing BKBM to proceed on preparing detailed plans and specifications
for Project 8215-20-95 - J-2594 "Second Street Ramp Structural Inspection".
Ayes (5), Nays (0). Motion carried.
E-9 Councilmember Stobaugh moved, Evans seconded, to adopt Resolution No. 034-
96 authorizing City staff to negotiate the acquisition of the needed right-of-way on
the Rossman property in the amount of $825.00 for Project 6231-95 - J-9350
"31st Street N.E. Sanitary Sewer Project". Ayes (5), Nays (0). Motion carried.
E-10 Councilmember McConnell moved, Senjem seconded, to adopt Resolution No.
035-96 authorizing City staff to settle the condemnation action in the amount of
$25,177.50 and complete the acquisition of land rights associated with the
Marion Road Reconstruction Project - J-2235 for the Gateway Mobil Home Park.
Ayes (5), Nays (0). Motion carried.
E-11 Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 036-
96 ordering the preparation of a feasibility report for the Extension of Sewer and
Watermain to Serve Hiawatha Court N.E.
Discussion. Ayes (5), Nays (0). Motion carried.
F-1 An Ordinance Creating and Enacting Section 37.07 of the Rochester Code of
Ordinances, relating to the City's authority to seek judicial enforcement of an
order to vacate condemned dwellings was given a first reading.
F-4 Councilmember Stobaugh moved, McConnell seconded, to adopt Resolution No.
037-96 authorizing the Director of Employee Relations to execute amendments
to collective bargaining agreements so as to allow City employees to work four
ten-hour days during the week of January 29, 1996, in response to the closing of
City Hall on February 2, 1996. Ayes (5), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
. 4 5 9 8 Regular A 'ourned Meeting No 2 - January 17, 1996
Agenda
Item
Having no further business, Councilmember Senjem moved, Evans seconded, to
recess the meeting to January 22, 1996 at 7:00 P.M. for the purpose of selecting
the Second Ward Councilmember. Ayes (5), Nays (0). Motion carried.
epu City Clerk