HomeMy WebLinkAbout08-19-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4750 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996
Agenda
Item
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President Hunziker called the meeting to order at 7:00 P.M. with the following
Councilmembers present: Evans, Hruska, Marcoux, McConnell, Senjem and
Stobaugh. Absent: None.
A Hearing on Levying Special Assessments for Project No. 5511-96 (J-9387)
"Bituminous Resurfacing of the 600 Block of Memorial Parkway S.W."
Having no one present wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No.
453-96 levying the proposed assessment for Project No. 5511-96 (J-9387). Ayes
(7), Nays (0). Motion carried.
A Hearing on Vacation Petition #96-9 by the Katherine Reichert Trust to vacate
the S1/2 of the north -south running alley located between East Center Street and
1st Street. NE and between 1st Avenue NE and 2nd Avenue NE.
Wishing to be heard was Steve Sorenson, TSP Architects, representing the
applicants, and available for questions.
Wishing to be heard was Robert DeWitt, 604 11th Avenue N.W., stating that the
Salvation Army had originally opposed the vacation of the alley but with the
negotiations reached, it will now endorse it.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, Hruska, seconded, to adopt Resolution No.
454-96 approving Vacation Petition #96-9 with the four conditions as
recommended by the Planning Commission. Ayes (7), Nays (0). Motion carried.
A Hearing on Vacation Petition #96-12 by Robert & Ann Milbrandt, Michael &
Beverly Griffing and Richard Lundquist to vacate the south 5 feet of an existing
10 foot wide utility easement located along the rear of Lots 1-3, Block 1,
Northgate Addition.
Wishing to be heard was Richard Lundquist, 1809 26th Street N.W. Mr.
Lundquist showed the Councilmembers a map of the area in question noting that
he was told by Rochester Public Utilities (RPU) that he could pursue the vacation
and now is told that it can't be vacated. He said that the City has grown; he
used to be on the City limits, but the rules and lines haven't changed to
accommodate the growth.
Wishing to be heard was Roger Kanestadt, RPU, explaining that he was in error
telling Mr. Lundquist that he would be able to pursue the vacation but after
looking at the area, the pole is located in the middle of the easement and if a
garage is built, the crossbars would extend over the garage.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996 4751
Agenda
Item
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to table the vacation to the
September 4th Council meeting to take another look at the granting of a
revocable permit or removing the poles in the easement. Ayes (7), Nays (0).
Motion carried.
Mr. Evans noted that he would bring the problem to the next RPU Board meeting
as well to see about a solution.
B-4 IA Hearing on Final Plat #96-14 to be known as Lincolnshire Seventh Subdivision,
continued from the August 5th, 1996 meeting.
Wishing to be heard was Don Borcherding, Yaggy-Colby Associates,
representing the applicant. Mr. Borcherding stated that a grading and drainage
plan had been submitted to Public Works.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Don MacGillivray, Public Works Department, said that the grading and drainage
plans have been reviewed and minor changes requested but he did not foresee
any problems with compliance.
Terry Spaeth, Planning Department, stated that Lot 29, Block 1, cannot have a
building permit issued until such time as the applicant finishes with the wetlands
mitigation.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
455-96 approving Final Plat #96-14 to be known as Lincolnshire Seventh
Subdivision subject to the nine conditions as recommended and the condition of
no building permit on Lot 29, Block 1 until the wetlands mitigation is completed.
Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on Final Plat #96-18 to be known as Baihly Meadows Third
Subdivision.
Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant. He noted that the grading plan has been submitted to the Public
Works Department.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Don MacGillivray, Public Works Department, noted that the grading plan was
received this morning (August 19th) and it contained some problems that he
thought would be workable.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4752 Regular Adjourned Meeting No. 18 - August 19, 1996
Agenda
Item
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E-15
Richard Freese, Public Works Director, asked that the request for
reapportionment of the previously levied special assessments be finalized before
the recording of the final plat.
Councilmembers Evans moved, Hruska seconded, to table Final Plat #96-18 to
the September 4th, 1996 meeting to finalize the grading plan and
reapportionment of the special assessments. Ayes (6), Nays (1). Motion carried.
Councilmember Senjem voted nay stating that the plat should be approved with
conditions because "building should happen while the sun shines".
A Hearing on Type 111, Phase 11, Land Subdivision Permit (Preliminary Plat) #96-
14 to be known as Foxcroft South Subdivision.
Wishing to be heard was Leo Hagan, 3025 Salem Road S.W., stated that he
owns a shared driveway with John Klopp, Foxcroft Corporation. He noted that
the construction vehicles use the drive, trees have been removed and no
maintenance has been apparent on the driveway.
Mr. Hagan was told that the driveway in question was not a part of the plat and,
therefore, could not be a part of the Council action. Councilmember Marcoux
stated that she would talk to Mr. Klopp to see if he couldn't use another access.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to approve Land
Subdivision Permit #96-14 known as Foxcroft South Subdivision with two
conditions recommended by the Planning Staff and instruct the City Attorney to
prepare Findings of Fact, Conclusions of Law, and Order.. Ayes (7), Nays (0).
Motion carried.
Councilmembers Stobaugh moved, Evans seconded, to move items E-15 to the
top of the remaining agenda items. Ayes (7), Nays (0). Motion carried.
Councilmember Stobaugh presented the proposal in the Manorwood Lakes
Area/DeWitz Property in Homestead Trails Addition. The proposal contained:
Robert DeWitz would transfer all of his property rights for property which
he owns in Homestead Trails Addition to the City of Rochester.
2. The City of Rochester would not charge any sewer or water connection
charges against the property currently owned by Mr. DeWitz north of
Manorwood Lakes 1st Subdivision north to 7th Street N.W.
3. Mr. DeWitz would be charged $16,000 in sewer/water connection charges
against the property currently owned by Steve Schuller. Mr. DeWitz is in
the process of purchasing this property.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adiourned Meeting No. 18 - August 19 1996 4753
Agenda
Item
4. Mr. DeWitz will pay the area sewer and water charges which are
assigned to his property north of Manorwood Lakes.
5. Mr. DeWitt will grant an easement to the City of Rochester for the
sanitary sewer trunkline from Manorwood Lakes 1st Subdivision north to
7th Street N.W.
6. Mr. DeWitz will level off the fill recently placed on the Homestead Trails
property and bury the large rocks which are currently located on the site.
Councilmembers Stobaugh moved, Evans seconded, to approve the preparation
of an agreement between the parties pursuant to the above described terms.
Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on PUD Amendment #96-6 by Western Walls, Inc. to amend PUD R-
38 (Homestead Trails) to permit the construction of ten single family detached
dwellings adjacent to King Court SE.
Councilmembers Stobaugh moved, Evans seconded, to continue the hearing to
September 4, 1996. Ayes (7), Nays (0). Motion carried.
B-8 A Hearing on Vacation Petition #96-10 by Western Walls, Incorporated to vacate
a portion of the walkway and part of King Court SE right-of-way located within
the Homestead Trails Planned Unit Development, directly east of the Homestead
Park.
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
456-96 approving Vacation Permit #96-10 with one condition as recommended
by the Planning Commission. Ayes (7), Nays (0). Motion carried.
B-9 I A Hearing on Final Plat #96-19 to be known as Homestead Trails Third Replat.
Councilmembers Stobaugh moved, Hruska seconded, to continue the hearing to
September 4, 1996. Ayes (7), Nays (0). Motion carried.
B-10 I A Hearing on Consideration of Abatement Order for Property at 1421 Fourth
Avenue S.E.
Wishing to be heard was Susan LeGare-Gulden, Building and Safety Inspector,
giving a summary of the condition of the house, the history of problems and
complaints of the property and the consequential boarding of the house as
unsafe. A video tape of the exterior and interior of the structure was shown to
the Council. Ms. LeGare-Gulden noted that the structure of the building is sound
but would need to be gutted to be brought back to code.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996
Agenda
Item
B-11
Wishing to be heard was Lt. Tim Bangert, Rochester Fire Department. He
explained the problems with a possible fire call to a structure that has been
vacant such as the property in question and the danger to firefighters trying to
determine and find people who might be inhabitating the structure.
Wishing to be heard was Officer Mike Vik, Rochester Police Department. Officer
Vik explained the neighborhood surrounding the structure and the problems that
a vacant building in that area presents. He stated that there had been a large
number of calls to the Meadow Park area during the last several years.
David Goslee, Deputy City Attorney, presented an audio tape of a telephone
statement by the owner, Mina Pourzand-Vakil, currently residing in New York
State. A portion of the tape (that portion which was relevant to the issue) was
played for the Council's benefit.
Mayor Chuck Canfield wished to commend the Fire, Police and Building and
Safety Departments for working together within the neighborhoods to try and
clean up or solve problem structures.
It was noted that this property will be up for tax -forfeiture in May 1997.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Stobaugh seconded, to declare the building a
hazardous building and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order for the abatement. The order shall instruct the
property owner to make necessary arrangements for renovation with 14 days or
removal of the building within 30 days. Ayes (7), Nays (0). Motion carried.
A Hearing on the Consideration of Abatement Order for Property at 1615 19th
Avenue S.E.
Wishing to be heard was Susan LeGare-Gulden, Building and Safety
Department, giving a summary of the structure, in this case a mobile home, and
its unsafe and unsanitary condition. The structure was placarded in January
1995. A video tape of the mobile home interior and exterior were shown to the
Council. Ms. LeGare-Gulden noted that the property that the mobile home is on
has been forfeited for taxes and now under the control of the County; the mobile
home is owned by Cathleen Renaux.
Wishing to be heard was Lt. Tim Bangert, Rochester Fire Department, explaining
the hazardous of an abandoned mobile home and how quickly they are engulfed
in flames once a fire is started. He again stated that because it is vacant,
firefighters will endanger their own lives looking for people possibly living in the
structure.
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RECORD OF :OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996 4755
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Agenda
Item
B-12
Wishing to be heard was Officer Michael Vik, Rochester Police Department,
noting the vandalism that has occurred and the many calls to this address.
Dave Goslee, Deputy City Attorney, presented a letter from the owner, Cathleen
Renaux, because she could not attend. Ms. Renaux asked the Council for
additional time to sell the mobile home.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers McConnell moved, Senjem seconded, to declare the mobile
home a hazardous structure and instruct the City Attorney to prepare Findings of
Fact, Conclusions of Law and Order for the abatement. The order shall instruct
the property owner to make necessary arrangements for renovation within 14
days or removal of the building within 30 days. (no vote was taken)
Councilmembers Stobaugh moved, Evans seconded, to order that the mobile
home be either demolished or removed within 30 days with no option for
renovation. Ayes (7), Nays (0). Motion carried.
A Hearing on Consideration of Abatement Order for Property at 407 Fifth Avenue
N.W.
Wishing to be heard was Susan LeGare-Gulden, Building and Safety
Department, summarizing the condition of the structure, both exterior and interior.
the house has been vacant since 1993. A video tape of the property was shown
to the Council.
Wishing to be heard was Lt. Tim Bangert, Rochester Fire Department, noting the
danger to the firefighters and the neighborhood should the structure be ignited.
He pointed out evidence of persons who had lived in the structure, building fires
to keep warm in barrels and other containers.
Wishing to be heard was Bruce Mells asking about the possibility of acquiring the
garage on the property.
No property owners or representatives were present for comment.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Stobaugh moved, McConnell seconded, to declare the building
a hazardous building and instruct the City Attorney to prepare Findings of Fact,
Conclusions of Law, and Order for the abatement. The order shall instruct the
property owner to make necessary arrangements for renovation within 14 days or
removal of the building within 30 days. Ayes (7), Nays (0). Motion carried.
-4'15s
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adiourned Meeting No. 18 - August 19, 1996
Agenda
Item
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C-1 -
C-25
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C-11
A Hearing on Applications for State Transit Assistance/CY1997 Program of
Projects
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution Nos.
457-96, 458-96 and 459-96, filing an application for State Transit assistance for
CY1997 regular route transit, filing an application for CY1997 State Transit
Assistance for ZIPS Dial -A -Ride, and filing an application with the Federal Transit
Administration for transit assistance to support CY1997 transit services. Ayes
(7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to approve the following
consent agenda items:
Adopt Resolution No. 460-96 authorizing the Mayor and City Clerk to execute an
agreement for playground equipment at the new children's playground at Silver
Lake.
Adopt Resolution No. 461-96 authorizing the Mayor and City Clerk to execute the
three-year lease agreement with the Airport Sky Shop at the Rochester
International Airport.
Adopt Resolution No. 462-96 authorizing the Mayor and City Clerk to execute the
five-year agreement with the Federal Aviation Administration for office space at
the Rochester International Airport.
Adopt Resolution No. 463-96 accepting the low bid of $23,642.70 to Head of the
Lakes Striping for paint striping all runways and taxiways at the Rochester
International Airport and authorizing the Mayor and City Clerk to execute the
acceptance of the State Aid Agreement.
Approve the following licenses and miscellaneous activities:
Gambling - Temporary
Rochester Ducks Unlimited - raffle at Kahler Hotel - September 19, 1996
Bamber Valley PTA - Raffle at Bamber Valley School - October 5, 1996
Adopt Resolution No. 464-96 approving a Sound Amplification Permit and waiver
of time restriction for Rookies Sports Bar & Grill, 1201 South Broadway for live
bands and karaoke on August 14, 15, 21, 22, 28 and 29, 1996, from 7:00 to
11:00 P.M.
Approve a Sound Amplification Permit for the William H. Jacobsen block party at
4432 Durham Lane N.W. on September 2, 1996, from 1:00 to 5:00 P.M.
Adopt Resolution No. 465-96 approving a Sound Amplification Permit and waiver
of time restriction for the Holiday Inn South, 1630 South Broadway for a live band
on September 6, 1996 from 7:00 to 11:00 P.M.
RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996 4 7 5 7
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Agenda
Item
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C-14
C-15
C-17
C-18
C-19
C-20
Adopt Resolution No. 466-96 approving a Sound Amplification Permit and waiver
of time restriction for the Sheri Boysen block party at 926 Seventh Avenue S.W.
from 6:00 P.M. to 12 Midnight.
Approve payment of Accounts Payable in the amount of $694,172.13.
Adopt Resolution No. 467-96 authorizing the Mayor and City Clerk to sign Joint
Powers agreements that can be used to purchase supplies, commodities and
equipment that will provide the City a monetary savings.
Approve street name changes to Final Plat #96-1 to be known as Northern
Heights North First Subdivision changing the cul-de-sac east of the intersection
of Raechel Place N.E. and Viola Heights Drive N.E. being named "Raechel Lane
N.E.".
Adopt Resolution No. 468-96 authorizing the City Clerk to advertise for bids on
Project No. 9308 (J-9288) "Construction of a High Level Water Tower in the
Northern Heights Area".
Adopt Resolution No. 469-96 authorizing the City Clerk to advertise for bids on
Project No. 9200-0-92A (J-9218) "Construct Silver Creek Trunk Sewer along the
north side of Railroad from existing S.E. Trunk to East circle Drive then construct
East circle Drive Trunk Sewer north along east side of East Circle Drive to Viola
Road N.E. (Phase I from Viola Road N.E. to approximately 2300 feet south)",
and
Project No. 9609A (J-9379) "Trunk Watermain Construction from Northern
Heights East Eleventh Subdivision to Additional High Level Storage Tower for the
Northern Heights Area (Phase I from Viola Road N.E. to the proposed water
tower)".
Approve the Mayor and City Clerk to enter into an Assessment Agreement with
The Academy of Our Lady of Lourdes, and
Adopt Resolution No. 470-96 levying the proposed assessment for Project No. J-
8524 "Underground Improvements in Valkyrie Drive N.W.", and
Adopt Resolution No. 471-96 levying the proposed assessments for Project No.
J-8310 "High Level Water Tower in Arnold - Valhalla Area".
C-21 Adopt Resolution No. 472-96 authorizing payment for the extra work in the
amount of $2,184.17 covered by Supplemental Agreement No. 1 for Project No.
8315-1-95 "Civic Center Parking Lot Expansion".
C-24
Approve the appointment of Bill Leary to the Cable TV Advisory Committee filling
the unexpired term of Mae Collins running to December 31, 1998.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4758 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996
Agenda
Item
C-25
C-1
C-3
C-4
C-5
Approve the appointment of Ronald E. Melvin to the Rochester Human Rights
Commission to fill the unexpired term of Dan Holter running to May 1, 1999.
Ayes (7), Nays (0). Motion carried.
Councilmember -. Hruska asked that the minutes of the July 15, 1996 meeting be
corrected to show that he voted nay as well as Councilmember McConnell for
Item E-3 -contribution to the League of Minnesota Cities for funding of the Rights
of Way Task Force.
Councilmembers Senjem moved, Stobaugh seconded, to amend the minutes of
the July 15, 1996 meeting for item E-3. Ayes (7), Nays (0). Motion carried.
Councilmember McConnell objected to the amendment to the By-laws of the
Coalition of Greater Minnesota Cities asking businesses and Chambers of
Commerce to join the Coalition as non -voting members. He is of the feeling that
the Coalition is trying to manipulate and control such organizations.
Gary Neumann, Assistant City Administrator, explained that the purpose is to
bring the businesses and Chambers up to date on business issues; he noted that
several years ago they were members of the Coalition.
Councilmembers Marcoux moved, Hruska seconded, to amend the by-laws of
the Coalition of Greater Minnesota Cities to provide for an associate, non -voting
membership category. Ayes (5), Nays (2). Motion carried. Councilmembers
McConnell and Senjem voted nay.
Councilmember Evans disapproved of the Change Order #3 with A.E. Benike for
the Government Center Skyway stating that it is foolish to spend further money
on something already built and they should have known where the pipes in the
Government Center were located that they needed to connect to.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
473-96 approving Change Order #3 to the contract with A.E. Benike for
construction of the Government Center Skyway in the amount of $6,746.17.
Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell
voted nay.
Councilmember Marcoux asked how many existing pawnbroker licenses are
currently in the City of Rochester. City Clerk Judy Scherr responded there are
three: Auto Pawn Brokers, National Pawn and Loan (currently owned and run by
Sioux Falls Real Estate Exchange, Inc.), and Golden Pawn Shop. Golden Pawn
Shop is going out of business and will be replaced by Rochester American Pawn
Company also owned and run by Sioux Falls Real Estate Exchange. The latter
corporation works closely with the local Police Department in the pawned items
that are brought to the stores.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19 1996 4759
Agenda
Item
Councilmembers Marcoux moved, Stobaugh seconded, to approve the
Pawnshop License for Sioux Falls Real Estate Exchange, Incorporated DBA
Rochester American Pawn Company at 1111 Seventh Street N.W. Ayes (7),
Nays (0). Motion carried.
C-16 Councilmember Senjem was concerned about the appointment of eight additional
Police officers, six of whom are to be filled under the Federal Grant Program. He
asked about future funding for these extra personnel after the Grant is depleted
and needed to talk about possible cost reductions in other City departments to
maintain these individuals.
Councilmembers McConnell moved, Senjem seconded, to table action on this
item until after a Committee -of -the Whole discussion on replacements, costs and
what is in store for the future. Terry Adkins, City Attorney, ruled the motion out -
of -order stating that the Mayor makes the appointments of Police Officers and
there is no action for the Council to take on this item.
President John Hunziker requested that this item be put on an up -coming
Committee -of -the Whole meeting to revisit the issue as to if these officers are
new or replacements, concerns for the future, and cost impacts.
C-22 Richard Freese, Public Works Director, requested that the change order of
$18,332 for floor repair on the Second Street Ramp be deleted; the actual charge
is $5,378.20.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 474-
96 amending Change Order No. 1 for Project No. 8215-20-95 (J-2594) "Second
Street Ramp 1996 Restoration" from $18,332.00 to $5,378.20. Ayes (7), Nays
(0). Motion carried.
C-23 Councilmember Evans requested that the speed zone on 41st Street N.W. from
31st Avenue N.W. to CSAH 22 be set at 30 MPH rather than the 40 MPH as
recommended by the Public Works and Police Departments.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
475-96 requesting Mn/DOT to provide a 30 MPH speed zone on 41st Street
N.W. from 31st Avenue N.W. to CSAH 22. Ayes (7), Nays (0). Motion carried.
D-1 Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson
asked about the wage study that had been approved last year and stated that it
was his understanding that the report showed that those City employees making
under $50,000 were paid higher than their counterparts in similar positions in the
City.
E-1 Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No.
476-96 approving the installation of a fiber optic cable by McGladrey & Pullen in
two skyways subject to four conditions. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4760Regular Adjourned Meeting No. 18 - August 19, 1996
Agenda
Item
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E-3
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E-8
E-9
Councilmembers Evans moved, Hruska seconded, to adopt the following
resolutions for the Public Utility Department.:
Resolution No. 477-96 approving a purchase order agreement with Bantec &
NCR, St. Paul, Minnesota for FNCR 77a80 (Remittance Processing System) not
to exceed $95,352.00.
Resolution No. 478-96 entering into a professional agreement with Barr
Engineering Company for Contract Amendment No. 1 to the Professional
Services Agreement for the Lake Zumbro Dam Rehabilitation Project not to
exceed $198,523.00.
Ayes (7), Nays (0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to direct the City Attorney
to prepare an Ordinance authorizing imposition of liens on properties where
electrical service is not paid upon request. Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
479-96 establishing an increase in the fire alarm monitoring fees to: 1st Signal -
$15.00 per month, 2nd Signal - $10.00 per month and 3rd and each additional
signal - $5.00 per month: Ayes (7), Nays (0). Motion carried.
Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 480-
96 authorizing an agreement between the Minnesota Department of Public
Safety and the Rochester Fire Department for the State Regional Hazards Team.
Ayes (7), Nays (0). Motion carried.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No.
481-96 authorizing staff to establish Just Compensation using outside
consultants to provide necessary information if necessary and authorize the City
Attorney, at the direction of the City Administrator, to initiate eminent domain
proceedings for the purpose of acquiring land for the Watermain to Serve
Machinery Hill - Project No. J-9361. Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
482-96 authorizing staff to settle the acquisition of the Right of Way for the
Cascade Creek Bike Trail - Project No. J-2249 with the Kulawske family in the
amount of $500.00. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No.
483-96 acquiring permanent and temporary easements from the Leitzen family
for the Right of Way for the Cascade Creek Bike Trail - Project No. J-2249 with
the Leitzen family in the amount of $500.00. Ayes (7), Nays (0). Motion carried
Councilmembers McConnell' moved, Evans seconded, to adopt Resolution No.
484-96 receiving the feasibility report and ordering a public hearing on
September 16, 1996 for Project No. 9613 (J-9392) "Sanitary Sewer and
Watermain Extension to serve Lots 2 & 3, Block 1, Bianco Estates".
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RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 18 - August 19, 1996 4761
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Agenda
Item
E-10 Councilmembers Senjem moved, Stobaugh seconded, to .adopt Resolution No.
485-96 ordering the feasibility report and adopt Resolution No. 486-96 receiving
the feasibility report and ordering a public hearing on September 16, 1996 for
Project No. 9614 (J-9393) "Sanitary Sewer and Watermain Extension to serve
the SE 1/4, SE 1/4 Section 19, Cascade Township (Mail Processing Center and
Others)". Ayes (7), Nays (0). Motion carried.
E-11 Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 487-
96 adding Paragraph (222.1) to Section B "No Parking Zones of the
Comprehensive Traffic and Parking Resolution Book" to read:
(222.1) Eighteenth Street S.W. on the south side from Broadway to
3rd Avenue S. W. - At All Times
Ayes (7), Nays (0). Motion carried.
E-12 Councilmembers Senjem moved, Stobaugh seconded, to reject the bid of Don
Prow Cement in the amount of $21,934.00 for New Sidewalk Project No. 4-1996
(J-9371) "New and Replacement Sidewalk and New Curb at 4 1/2 Street and
13th Avenue N.W. Area" based on the cost compared to the Engineer's estimate
and historical unit cost. Ayes (7), Nays (0). Motion carried.
E-13 Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No.
488-96 accepting the low bid of Western Walls for $13,980.00 for New Sidewalk
Project No. 9-1996 (J-9385) "New Sidewalk Construction Throughout the City".
Ayes (7), Nays (0). Motion carried.
E-14 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
489-96 approving the low bid of SeFac Lift and Equipment in the amount of
$32,939.25 for the purchase of a Mobile Vehicle Lift System with wheel adapters
for the Fire Department. Ayes (7), Nays (0). Motion carried.
F-2a An Ordinance Creating Section 78.01, 78.02 and 78.03 of the Rochester Code of
Ordinances, Relating to the Assessment of Delinquent Charges for Electrical
Service was given a first reading.
F-2b A request was received from Robert N. Springer, Springer Appraisal Associates,
Inc. asking that Eisenman Property and the Badger Property Ordinances each be
given second readings.
Councilmembers McConnell moved, Senjem seconded, to suspend the rules and
give both Ordinances a second reading. Both were then given the second
readings.
Councilmembers McConnell moved, Marcoux seconded, to adopt the Ordinance
as read for the Rezoning Certain Property and Amending Ordinance No. 2785,
Known as the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota. Ayes (7), Nays (0). Motion carried. (Rezone to B-4 -
Helen Eisenman Property, 2626 Highway 52 North)
4762
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
F-3
F-4a
F-4b
G-1
Regular Adjourned Meeting No. I a - August 19, 1996
Councilmembers Marcoux moved, Hruska seconded, to adopt the Ordinance as
read for the Rezoning Certain Property and Amending Ordinance No. 2785,
Known a the Zoning Ordinance and Land Development Manual of the City of
Rochester, Minnesota. Ayes (7), Nays (0). Motion Carried. (Rezone to M-1 -
Verna Badger Trust - site for new mail processing center)
An Ordinance Amending and Reenacting Subdivision 2 of Section 28.03 of the
Rochester Code of Ordinances, Relating to the Sewer Connection Charge was
given a second reading. Councilmembers Marcoux moved, Stobaugh seconded,
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
The Owner Contract for Basic Construction in Lincolnshire Seventh Subdivision
was withdrawn at the request of the Public Works Department.
Councilmembers McConnell moved,Stobaugh seconded,to adopt Resolution No.
490-96 approving an Owner Contract with Western Walls, Incorporated for
Project J-9380 'Basic Construction in Manorwood Lakes Second Subdivision".
Ayes (7), Nays (0). Motion carried.
Councilmembers Marcoux moved, Senjem seconded, to remove item G-1, 1996
Zoning and Land Development Fee Adjustment, from the table. Ayes (7), Nays
(0). Motion carried.
Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No.
491-96 approving the 1996 Zoning and Land Development Fee Adjustment as
recommended by the Planning Administrative Service Committee. Ayes (7),
Nays (0). Motion carried.
Having no further business, Councilmembers Evans moved, Hruska seconded, to
adjourn the meeting. Ayes (7), Nays (0). Motion carried.
}
City Clerk
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