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HomeMy WebLinkAbout01-06-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY , OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4849 1 Agenda Item A-1 President John Hunziker called the Annual Meeting to order at 7:00 P.M. with the following members present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh. Absent: None. Those being sworn to office and accepting the duties of Councilmember At Large and Ward Councilmembers were: Councilmember At Large, John Hunziker; Councilmember of the Second Ward, Marcia Marcoux; Councilmember of the Fourth Ward, Walter Stobaugh; Councilmember of the Sixth Ward, David Senjem. B-1 A Hearing on Zone Change Request #96-14 by Homestead Village Associates to rezone approximately 13.5 acres of land from the R-2 District to the R-3 District. Having no one wishing to be heard, President Hunziker closed the hearing. . Councilmember Stobaugh asked that the applicant relate to the Council some of the changes that will be made as a result of the rezoning. f Wishing to be heard was Armond Brakkman, 1990 West Farm Road,,,Long Lake, Minnesota. Mr. Brakkman told the Council that they have invested approximately $2 million in the property trying to correct much of the disrepair from the past. The correction included adding to the number of bedrooms in some of the units by the addition of a master bedroom over the entryway. The past tenancy problems will also be corrected with a more stringent policy. Mr. Brakkman invited any neighbors that were interested to tour the remodeled facility. Councilmembers Evans moved, Marcoux seconded, to approve Zone Change Request #96-14 by Homestead Village Associates and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on Type III, Phase III Conditional Use Permit #96-26 by Beverly Enterprises to permit the expansion of a nonconforming use on property located at 2215 Highway 52 North.>{ Having no one wishing to be heard, President Hunziker closed the hearing. f Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution 001- 97 approving Conditional Use Permit #96-26 by Beverly Enterprises for the property located at 2215 Highway 52 North. Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh noted his relationship in working with Beverly Enterprises with clients from the Mayo Clinic. z B-3 A hearing on Final Plat #96-23 to be Known as Carriage Homes Subdivision. Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the applicant, stating that they had no problems with the six conditions recommended. f{ r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4850 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Evans seconded, to adopt Resolution 002-97 approving Final Plat #96-23 to be known as Carriage Homes Subdivision with the six conditions as recommended by the Planning staff. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Proposed Official Street Map #12 establishing proposed right of way limits for 40th and 48th Street South interchanges along Trunk Highway 63 South. Wishing to be heard was Bryce Prow, 3700 Valley High Drive N.W., asking about the amount of area it looks like the interchange(s) will be taking. If that is the case, it would render most of their property useless. Charlie Reiter, Planning Department, explained that the official street map allows for either type of interchange in either area. Over the. next 18 to 24 months a decision will be made by the State and the City as to the realistic amount of land that will be needed. No time frame is project at this time for construction. If land is not needed, it will not be taken. Wishing to be heard was Tom Hexum, 922 North Broadway, stating that they were happy that the project was moving along, that they would cooperate with the State and City in any way they could, and anything to expedite the process would be appreciated. Wishing to be heard was Ty Truax, 914 Fifth Street N.E., asking if the plan could show if and where frontager roads or other accesses will be made it would be helpful. Wishing to be heard was Jeff Lansing, 5128 Highway 63 South, noting a potential problem with his gaining access to the highway from his property. He was assured that he would not be left landlocked and some access would be made. Wishing to be heard was Franklin Kottschade, 4719 Warwick Lane N.W. Mr. Kottschade was concerned that the same problems might arise in the taking of the land in this instance as occurred with the Highway 52 North project; i.e., conditions were placed on the getting permits because lands were not granted to the City for the project.. He asked whether an official map gives the City any title to the land. The City Attorney replied that it did not. Having no one further wishing to be heard, President Hunziker closed the hearing. 1 Councilmember Evans asked who has the final approval of what is built at the intersections. Charlie Reiter stated that it would be a joint effort between the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4851 Agenda Item C-1 1 State and City and, depending on any outside dollar influence, could take five to six years to complete. Councilmembers Senjem moved, Stobaugh seconded, to approve Official Street Map #12 as proposed and instruct the City Attorney to prepare the required ordinance for adoption. Ayes (7), Nays (0). Motion carried. Address from President John Hunziker: Good evening, ladies and gentlemen. As we begin 1997, the Council and the people of Rochester will be dealing with a wide range of issues that affect all of us. Crime and fear of violent behavior is an area that everyone is concerned about. Crime and violence is unacceptable to the Council and all good people of Rochester. The City Council will do everything in its power to stop this type of behavior. The City has added ten police officers to the force in the past year, but they cannot solve the problems alone, they need our help reporting concerns and suspicious behavior. The City will continue to focus time, energy and money to force removal or rehabilitation of houses that blight neighborhoods and attract problems to a neighborhood. One of the things that we on the Council want to -see happen in the formation of a neighborhood board to act as a focal point for the neighborhood associations. Since last summer, a group has been working to accomplish this goal. Three groups that are looking at the future of Rochester and the surrounding area will be reporting to the community within the next six months. The 21st Century Partnership, Children First Olmsted County, and the newly formed Infrastructure Task Force. These groups will be giving information to the Council and the community on a wide variety of issues, dealing with post secondary education, telecommunications, the airport, high speed rail, neighborhoods, safety, racial diversity, and the needs of youth and how well we are providing the developmental assets to help them be the best they can be. The Council and the people it serves are working together to plan for the future, to identify areas to improve, offer solutions on how to accomplish the improvements and ways to fund them. This will be an exciting and informative year for all of us. Finally, as a community that works together, we all need to continually strive to be more tolerant and respectful of each other. Youth and adults learn from what they see, let us show everyone that the community that is Rochester values tolerance and respect. Thank you. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4852 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item C-2 C-3 Councilmembers Hruska moved, Stobaugh seconded, to: Adopt Resolution 003-97 adopting Robert's rules of Order as its parliamentary rules for its proceedings, except that a motion to lay on the table shall be considered a debatable motion, Adopt Resolution 004-97 adopting the Rules and Regulations for Order of Business of the Council, and Adopt Resolution 005-97 establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to approve the Appointment to Committees by President Hunziker as follows: ROCOG BIRD OF EQUALIZATION Mayor Canfield McConnell, Chair Hruska Stobaugh Marcoux Hunziker McConnell Senjem FLOOD CONTROL/ JOINT POWERS RAEDI Hunziker Evans Stobaugh Stobaugh McConnell DOWNTOWN DEVELOPMENT PASC Stobaugh Marcoux Hruska Senjem RPU YOUTH COMMISSION Evans Marcoux AIRPORT COMMISSION HRA Hunziker Hruska JOINT EMERGENCY MANAGEMENT McConnell Hruska STRATEGIC PLANNING Senjem Marcoux Evans CONVENTION BRE U Hruska Hunziker HIGHWAY 52 Marcoux Evans ENVIRONMENTAL Senjem PERSONNEL ADVISORY COMMITTEE Senjem, Chair Evans Stobaugh 1 RECORD OF OFFICIAL .PROCEEDINGS OF- THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4853 1 Agenda Item Ayes (7), Nays (0). Motion carried. C-4 Address by Mayor Charles J. Canfield: First, I want to thank you and all the people of this City for a great gift. Thank you for the honor of being the Mayor of this wonderful City. They say "A man who loves his job never has to work a day in his life". I feel like that man. enjoy the challenges, the decisions, the planning, the welcoming address and the people who greet me every day. "Hello, Mayor", "Good Luck, Mayor!" "God Bless You, Mayor!" I have never before felt such encouragement. I am committed to serve our community in a way that enhances the quality of life of these marvelous people, our neighbors, who put their trust in us. Last year I spoke to you from our old city hall. I told you that I would not come to you in a year with a check list of goals we had reached. Check lists are very tempting because of industrial expansion and several awards of excellence that the City has won. Three national magazines have again complimented our community by ranking it among the best cities in America. My Dad told me "You can only understand your life by looking back but you can only live it by looking forward". I will not look back today - for we have plans to make. Last year I warned about the dangers of drifting into a new century without a rudder. We had just completed so many long term efforts that our first responsibility was to set a course and make long term plans, not check list plans. I promised you that we would create a time of opportunity, a time of new beginnings. We would not let the future happen to us. I said "We will plan it. We will choose a future for this community". Well, we have done just that. I have a drawer in my desk that has only five files in it. I call it my 20-20 vision because in it I am tracking and supporting the initiatives that will guide our community through the year 2020. They are: 1. The 21 st Century Partnership 2. Children First 3. Community Infrastructure Task Force 4. "Not In Our Town" Coalition 5. Neighborhood Organization Committee These are initiatives that take their leadership from people and organizations throughout the Rochester area. They will guide our community for decades to come. The 21st Century Partnership has surveyed community leaders and over 250 citizens at large to focus community institutions on tasks that we must complete to be successful in the next century. Up to six key issues will be identified in February for planning and implementation efforts. Existing institutions will be utilized if appropriate, and, if we will need to, we will create new institutions as our community did a decade ago with GRAUC, Greater Rochester Area University Center, and RAEDI, Rochester Area Economic Development, Inc. Mary Gorfine, Mary Herman and Phil Wheeler are assembling this huge effort. 4854 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item Children First is an effort to assess and improve the developmental assets of our children. We know what assets will improve a child's chances of becoming a happy and productive adult. Rochester schools have already completed a survey that tells us what assets our students possess. From this baseline we can measure the improvement of our children's preparation for life. The Family Y, the United Way, Olmsted County Social Services are allies in the development of this plan. We will all have a chance to contribute to this positive development of our children. Former Mayor of Minneapolis, Don Fraser, gave me this advice: "Elected Officials best serve the future of their City if they act with the understanding that we are hired by voters to represent the children". We will demonstrate our responsibility to our future by our response to children first. Jean Michaels and Sally Dahlby have organized this program for us. The Infrastructure Task Force will look at the physical development of our community. During the next five months they will list and prioritize all the public developments that we will need to start in the 21 st Century. The task force will be led by John Withers. We are not only concerned with streets, bridges and fire stations, but access to technology, fiber optics, coordinated uses with business and the University Center of Rochester and recreational infrastructure. There is a saying in the business community "You cannot save yourself into a profit". We must be willing to invest in and find funding for the public access to a world market. Not In Our Town - A coalition of organizations, churches, schools and businesses against hate and violence. There is talk about "Diversity" and the asset of having multiple cultures. But, the headlines highlight incidents caused by those who fear people of other cultures and attack them. We are punishing these attackers with felony indictments but that is not enough. We should get to the root of this fear of people who are different. Young people long for opportunity and respect but often don't know how to find it. They begin to believe that opportunity and respect are scarce items and they might get more themselves if they deny respect and opportunity to others. In this community we must make clear that respect only follows giving respect and opportunities grow as doors are opened for everyone. These fundamental qualities are not finite. They will expand to fill the needs of all who will share them. In honoring all cultures we can start by honoring our own small town midwest culture. It has for years developed contributing citizens in great numbers. Our reputation for fairness and decency even has a nickname - Minnesota Nice. We must not allow people to dishonor our heritage by selfish and mean spirited actions. Real respect for our host culture will give people the confidence to respect and learn from the total wisdom of the centuries that has accumulated in many countries. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4855 1 Agenda Item A coalition for peace will start with the "Citizens and Youth Violence Intervention Council" and will use a national program called "Not in Our Town" which was brought to us by George Thompson and the Diversity Council. Its mission is to stimulate people to action against violence in their own settings. I saved the Neighborhood Organization Task Force for last. Not because it is most important, but because I have been so closely identified with this initiative. Cities like West St. Paul, St. Louis Park and other Twin Cities area towns have hired a Department of Neighborhoods to develop their neighborhood organizations. We have put together a terrific plan for our neighborhoods with a volunteer committee. Bob Nowicki is its chairman. Staff work has been provided by myself, my assistant, Sue Norris, and David Olson of the administrative staff and a $500 budget. This task force of volunteers has produced this book..."How To Organize Your Neighborhood Association". This step-by-step manual will take any interested neighborhood group from its first meeting and through the writing of its individual by-laws. Bob told me "We don't need a recruitment sub -committee because requests are already coming in". Some neighborhoods already had a head start. One of those is Kutzky Park. You remember the support this Council gave to the Kutzky Park neighborhood two years ago: zoning changes, a patrol officer, improved street lighting and a very active Building and Safety Department. Those neighbors are really excited now and are doing great things for one another. The Mayo Clinic has given two grants to continue their development. The City will build them a bike and pedestrian trail next year along Cascade Creek. But it is the vigor and faith of the neighbors that will continue to develop the quality of that neighborhood. We have three organized neighborhoods now and we expect to have 8 to 10 by the end of 1997. These five efforts are the foundation for building a greater and better Rochester, Minnesota. It is the citizens themselves that will implement these plans. Keep looking for new and better ways to support these people. Our City is fortunate to have a fine professional staff. They have told me how anxious they are to participate in this great reawakening of this community's power. It is up to us to continue to reflect our community's courage and confidence as we plan for the next century. We have completed the planning stages of these five programs.. This year begins the implementation of these efforts. I hope you are as excited about it as I am. This is a marvelous time to be a citizen of Rochester. C-5 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution 006- 97 designating the Rochester Post Bulletin as the official newspaper to publish the official printing and publishing for the City of Rochester for the official year commencing January 6, 1997, at the rate established by the statutes of the State of Minnesota for legal publications. Discussion. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4856 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item C-7, 9-11, 14-27 C-6 C-7 C-8 C-9 C-10 C-11 Councilmember McConnell noted. that the Rochester Post Bulletin designation is a contract for one year unlike the TV cable franchise in Rochester which is lobbying for a five to twelve year extension on their service and which should not be permitted to happen. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Stobaugh seconded, to approve the following consent agenda items: See end of C section. Adopt Resolution 007-97 granting a revocable permit to the Clubhaus Brew Pub, 7 Second Street S.W., to allow the placement of a business sign on the front of their building to project six to seven feet over the public sidewalk. See end of C section. Approval of the following licenses and miscellaneous activities: Gambling-- Tem o�ra[y Church of the Resurrection - raffle - February 11, 1997 American Heart Association - raffle - March 22, 1997 Rochester Area DisAbled Athletes & Recreation - raffle - May 14, 1997 Annual Renewa Bus 1 Chicken 1 Heating Contractor 81 Master Installer 105 Master Plumber 43 Motion Picture (Theater) 19 Pawnbrokers 2 Pigeons 4 Sewer & Drains 31 Sidewalks - Asphalt 10 Sidewalks - Cement 32 Sign Installers 16 Taxicabs 1 See end of C section. Adopt Resolution No. 008-97 designating the First Bank of Rochester, the Norwest Bank of Rochester, the Marquette Bank and Trust Company of Rochester and the Rochester Bank and Trust Company as depositories of the public funds of the City of Rochester, Minnesota. 1 [l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4857 Agenda Item Adopt Resolution No. 009-97 authorizing the maintaining of accounts with Merrill Lynch, Pierce, Fenner and Smith, Inc., Dain-Bosworth, Inc., Miller and Schroeder Financial, Inc., Norwest Investment Services, Inc., Piper, Jaffray and Hopwood, Prime Vest Financial Services, Inc. through the Marquette Bank and Trust Company and FBS Investment Services for the purpose of investing in direct U.S. Government obligations or Federal Agency issues, commercial paper, bankers acceptance, and repurchase agreements. Adopt Resolution No. 010-97 authorizing facsimile signature and endorsement of Certificates of Deposits on the action of Charles J. Canfield, Mayor of the City of Rochester and Dale R. Martinson, Treasurer of the City of Rochester. Adopt Resolution No. 011-97 approving additional securities in the amount of $1,200,000.00 in collateral in lieu of a depository bond and releases in the amount of $1,200,000.00 from the Marquette Bank & Trust Company, Rochester, Minnesota with total collateral of $8,200,000.00. Adopt Resolution No. 012-97 approving additional securities in the amount of $500,000.00 in collateral in lieu of a depository bond and releases in the amount of $500,000.00 from the First Bank of Rochester, Minnesota with total collateral of $1,265,000.00. Adopt Resolution No. 013-97 approving additional securities in the amount of $65,000.00 in collateral in lieu of a depository bond and releases in the amount of $65,000.00 from the Norwest Bank of Rochester, Minnesota with total collateral of $65,000.00. C-12 Approve the appointment to the Library Board of Paul Barton to fill the vacancy created by the resignation of Christine Hobrough running to January 1998, Maggie Brimijoin filling the vacancy created by the expiration of Jill Beed running to January 2000, and reappoint Jeanne Parker and Paul Horgen to a second and third three-year term respectively running to January 2000. C-13 I See end of C section. C-14 Approve the appointment to the Human Rights Commission of William C. Tramel, Jr. to fill the vacancy created by the resignation of Mary Jane Weamer and running to May 1, 2000, and Barbara Larson to fill the term of Kathy Hynes running to May 1, 2000. C-15 Approve the appointment to the Cable Advisory Committee of Richard Hutton to fill the unexpired term of Jerry Herman running to December 31, 1998, and David Ferber to fill the resignation of Gene Sorensen running to December 31, 1999. C-16 Approve the appointment to the Transit Committee of Gwendolyn M. Van Den Heuvel replacing Sister Manett Tisdale and running to December 31, 1999, and Kathy Cherry replacing James Weygand running to December 31, 1999. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4858 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 Approve the appointment of Pamela K. Schlegel to the Mayor's Neighborhood Advisory Committee filling the vacancy created by the resignation of Sherri Hyatte. Approve the appointment to the Downtown Advisory Board of William J. Ryan filling the vacancy created by Charles Pappas and running to December 31 1999 and Charles P. Blekre filling the vacancy created by Richard Ehrick and running to December 31, 1999. Approve the appointment to the Heating, Ventilating Board of Review of Donald DeKeyrel filling the term of John Case and running to November 1999 and Lee C. Tapper filling the term of David Rassell and running to November 1999. Approve the appointment to the Zoning Board of Appeals of Marlys Carney filling the term of Michael Weigel and running to December 31, 1998 and Harry Carter filling the term of Gene Treichel and running to December 31, 1999. Approve the appointment of Fan A. Shen to the International Affairs Committee. Adopt -Resolution No. 014-97 approving Supplemental Agreement No. 2 for Project No. 6255-A (J-9270) "55th Street N W. Drainage Ditch". Adopt Resolution No. 015-97 declaring the costs to be assessed and ordering the preparation of the assessment roll and Resolution No. 016-97 ordering a hearing on the proposed assessment for February 3, 1997 for Sidewalk Replacement Project No. 6-1996 (J-9373) "Sidewalk Replacement on 18th Avenue N.W. from 22nd Avenue to 13th Avenue N.W. and on 8th and 9th Avenue S.E. South of 16th Street S.E.". Adopt Resolution No. 017-97 entering into an assessment agreement with Dr. Thomas C. Shives for Project No. J-9392 "Sanitary Sewer and Watermain Extension to Serve Lots 2 & 3, Block 1, Bianco Estates". Adopt Resolution No. 018-97 entering into an assessment agreement with Mayowood Enterprises for property at 3325 Mayowood Road S.W. for Project No. J-8185 "Apache Water Tower" and Project No. J-8349 "Bible College Trunkline Sanitary Sewer", Adopt Resolution No. 019-97 levying assessments for Project No. J-8185 "Apache Water Tower", and Adopt Resolution No. 020-97 levying assessments for Project No. J-8349 "Bible College Trunkline Sanitary Sewer". Adopt Resolution No. 021-97 adding paragraph (14.5) to Section I - Metered Parking (Zone E - 90 minute meters) to read: (14.5) 2nd Avenue Southwest on the west side from Second Street to Third Street. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4 5 9 Agenda Item C-27 Adopt Resolution No. 022-97 approving Contract Change Order No. 2 for Project No. 8215-20-95 (J-2594) "Second Street Ramp 1996 Restoration" in the amount of-$3,246.60 (deduct) Ayes (7), Nays (0). Motion carried. C-6 Councilmember McConnell requested an amendment to D-1 of the minutes of December 18, 1996. The section dealt with the comments by Brian Burditt and the problems experienced by the Bluegrass Townhome Association residents associated with the construction of Hampton Rhodes. The minutes did not reflect Council consensus on setting up a meeting on this issue with Administration, Planning, Mr. Burditt and the developer of Hampton Rhodes. Councilmember Hruska moved, McConnell seconded, to approve the December 18, 1996 minutes as amended. Ayes (7), Nays (0). Motion carried. C-8 Councilmember Hruska asked for further explanation for the Change Order increase for the Government Center Skyway resulting in an increase of $7,384.35. He was told that the additional work on the valves, sprinkler heads and detectors in the elevator shaft and equipment room was requested by the Fire Inspector; there had been a conflict between the Fire Inspector and the State Elevator Inspector. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 023-97 authorize Change Order No. 4 with Benike Construction for the Government Center Skyway Project in the amount of $7,384.35. Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. C-10 Councilmember Hruska asked about the $90,547 expenditure to Becker Arena Products for hockey boards. He was informed that it was for replacement boards for Graham Arena and would be reimbursed by one of the two grants received from the Mighty Ducks grant monies. Operational expenses are shared by the County and the City for these facilities. Councilmembers Marcoux moved, Stobaugh seconded, to approve Accounts Payable in the amount of $1,688,052.40. Ayes (7), Nays (0). Motion carried. C-13 Councilmember Senjem asked Dave Patterson, applicant for appointment to the Planning Commission, to speak on the possible conflict of interest with the Fine Shelter Development for his neighborhood should he be appointed to the Planning Commission. Mr. Patterson stated that he understood the issue that would come before the Commission but felt that he could fulfill his obligations to the Planning Commission without any conflict by abstaining under such circumstances. Councilmembers Senjem moved, Evans seconded, to approve to the Planning Commission the appointment of Dave Patterson to fill the expired term of Don Beed and running to December 1999 and reappoint Nancy Richardson to a second three-year term. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4860 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item D-1 E-1 E-2 E-3 E-4 E-5 Wishing to be heard was George Restovich, 400 South Broadway, representing the Crossroads Neighborhood Association. Mr. Restrovich asked the Council to table the second reading and adoption of the Ordinance for the rezoning of the land for the Fine Shelter Development proposed. He noted a letter received late in the day from the Crystal Car Wash owners stating that they felt the action was premature until the access question is answered. Councilmembers Hruska moved, Stobaugh seconded, to approve initiating the rezoning of the Clemens property containing approximately 52.7 acres along Valleyhigh Drive N.W., the proposed site of the new PEMSTAR manufacturing facility. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, -McConnell seconded, to adopt Resolution No. 024-97 assigning the existing airport restaurant lease, known as The Wright Stuff, owned and operated by Tom Leonard, to the new ownership of Matthew's Food Services, Inc. DBA The Wright Stuff Restaurant and Catering, John Woodward. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, Senjem seconded, to approve the transfer of the On -Sale Intoxicating Liquor License and Sunday License known as The Wright Stuff, owned and operated by Tom Leonard, to the new ownership of Matthew's Food Services, Inc. DBA The Wright Stuff Restaurant and Catering, John Woodward. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 025-97 entering into letters of engagement with Smith, Schafer and Associates, Ltd., to audit the City's general purpose financial statements and the City's Urban Mass Transportation Program for the fiscal year ending December 31, 1996. Discussion. Councilmember McConnell. asked if this service is bid. Dale Martinson, Finance Director, answered that this is a five-year contract ending in 1998. Councilmember Senjem asked if there is an annual audit meeting that the Council could sit in on if they wanted. Mr. Martinson will inform them of the date and time. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt the following Public Utility Resolutions: Adopt Resolution No. 026-97 approving a purchase order agreement not to exceed $194,670.57 with Pirelli Cable Corporation for cable and conductor. Adopt Resolution No. 027-97 approving a purchase order agreement not to exceed $34,077.05 with RESCO for cable and conductor. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4861 1 Agenda Item E-6 E-7 E-8 E-9 Adopt Resolution No. 028-97 approving a purchase order agreement not to exceed $192,821.45 with Burmeister/Howard for pole type and pad mounted transformers. Adopt Resolution No. 029-97 approving a purchase order agreement not to exceed $72,822.00 with Bergerson Caswell for Well #27 redevelopment and pumping unit replacement. Adopt Resolution No. 030-97 approving a purchase order agreement not to exceed $71,498.00 with PowerTech Engineering, LLC for NOx baseline testing services. Adopt Resolution No. 031-97 approving a purchase order agreement not to exceed $42,324.00 with Burns & McDonnell Engineering Company, LLC for Low NOx burner engineering services. Adopt Resolution No. 032-97 approving an alternate form of retainer agreement with Lunda Construction Company for the Zumbro Dam rehabilitation project. Adopt Resolution No. 033-97 approving the payment of Water Utility funds to Olmsted County for watermain crossings on CSAH 22 not to exceed $39,808.80. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 034-97 authorizing City staff to acquire property for the 16th Avenue project within $1000.00 of the appraised value, to allow the City staff to utilize outside consultants to assist with the project, and authorizes the City Attorney, at the direction of the City Administrator, to initiate condemnation on needed property. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 035-97 approving a contract with Fred Rahn for GIS consulting services not to exceed a cost of $13,000. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 036-97 approving the awarding of the contract for Project No. 9613 (J-9392) "Sanitary Sewer and Watermain Extension to serve Lots 2 & 3, Block 1, Bianco Estates" to Elcor Construction at a cost of $96,440.00. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 037- 97 adding Paragraph 176.3 to Section "B" No Parking Zones of the Comprehensive Traffic and Parking Resolution Book to read: 176.3 10 1/2 Street S.E. from 9th Avenue to a point 140 feet east of 9th Avenue, on the north side - At All times. Ayes (7), Nays (0). Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4862 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 Agenda Item E-10 Fla F3a F-4 Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 038-97 setting a public hearing for February 3, 1997 at 7:00 P.M. to receive comments on Residential Parking Permit Zone 5 on First Street S.W. from 13th Avenue to 16th Avenue to be effective 6:00 A.M. to 4:00 P.M., Monday through Friday. Discussion. -Councilmembers expressed concern about employee parking in this area hampering residents parking in front of their residences and the multiple dwelling units whose residents would not be able to park under this permit structure. Dave Rossman, Public Works Department, was asked to contact the rental unit tenants and inform them of the upcoming hearing. Ayes (6), Nays (1). Motion carried. Councilmember Hruska voted nay. An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. An Ordinance Adopting Official Street Map Number 12 Concerning the Proposed Right Of Way, For the Interchange of Trunk Highway 63 With 40th Street and 48th Street S.W. and S.E. in the City of Rochester, Minnesota, was given a first reading. An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota. (Fine Shelter Development Group) Councilmembers McConnell moved, Evans seconded, to table the second reading of the Ordinance for reasons enumerated by Mr. Restovich earlier in the meeting. Ayes (2), Nays (5). Motion failed. Councilmembers Hruska, Marcoux, Senjem, Stobaugh and President Hunziker voted nay. Councilmembers Hruska moved, Marcoux seconded, to give the Ordinance a second reading and adopt as read. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 039-97 approving an owner contract with Carriage Homes, Inc. and Friedrich Construction for Project No. J-9401 "Watermain Extension to Serve Carriage Homes - Phase 1 (Lots 1, 2, and 3, Block 1). Ayes (7), Nays (0). Motion carried. G-1 Councilmembers Evans moved, Marcoux seconded, to remove from the table the item on the purchase of a 1500 gallon tanker fire truck for the Rochester Fire Department. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. I I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - January 6, 1997 4863 Agenda Item Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 040-97 approving awarding of the contract for a 1500 Gallon Tanker Truck from Pierce Manufacturing, Incorporated for a cost of $171,141.10. Discussion. Clarification was made that the townships would now start paying on only the new tanker truck at a cost of $918 additional per year spread over the four townships. At the time of the renegotiation of the township fire contracts, the question of the remaining monies on the 1989 model truck will have to be brought into the discussions. Councilmember McConnell stated that he would vote nay on the motion because the new truck is being purchased primarily for the townships and because the township representative had asked that the truck not be purchased at this time. Councilmember Senjem expressed his concern over the cost of the truck and the way that the specifications were written so that only the Pierce model could meet the specifications. Ayes (5), Nays (2). Motion carried. G-2 Councilmembers Stobaugh moved, Hruska seconded, to remove from the table the item for the Transfer of the On -Sale Intoxicating Liquor and Sunday License from Hinck, Incorporated DBA RochesCheer Pub & Grill. Ayes (7), Nays (0). Motion carried. G-3 Councilmembers Evans moved, Stobaugh seconded, to approve the transfer of the On -Sale Intoxicating Liquor and Sunday Licenses for Hinck, Incorporated DBA RochesCheer Bar & Grill from Louise Hinck to Tracy Hinck. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Marcoux seconded, to remove from the table the item for approval of the Minutes for the November 18th and December 2nd, 1996 meetings. Councilmembers Stobaugh moved, Evans seconded, to approve the minutes of the November 18, 1996 and December 2, 1996 meetings as amended and noted below: November 18 - Item B-10 Pertaining to the first vote for the Fourth Street Assessment Project. Councilmembers Hruska and Stobaugh were the persons voting nay. The third motion was moved by Councilmember Hruska and seconded by Councilmember Senjem (not Stobaugh). December 2 - Item E-11 Councilmembers Stobaugh and Senjem both voted nay on the motion for no parking on Second Street S.W. 4864 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting .No. 1 - January 6, 1997 Agenda Item 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. Z2� Ab4qd City tlerk 1