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HomeMy WebLinkAbout03-04-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3(;71 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - March 4, 1991 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the follow ing members being present: President Selby, Aldermen Bluhm, Canfield ( arrived at 2:10 P.M.) Hunziker, Solinger (arrived at 2:03 P.M.) and Strain. Absent: Alderman McConnell. Strain moved, Bluhm second to approve the minutes of the February 20, 1991 meeting with a correction in item G-2 Alderman Strain voted nay. Ayes (4), Nays (0).Motion carried. Alderman Solinger arrived. C-1 Solinger moved, Hunziker second to approve the appointment of Charles Hermann to the rank of Captain in the Rochester Fire Dept. effective March 5, 1991. Ayes (5), Nays (0).Motion carried. C-2 Solinger moved, Hunzi-ker second to approve the appointment of Scott Fanning to the rank of Motor Operator in the Rochester Fire Dept. effective March 5, 1991. Ayes (5), Nays (0).Motion carried. D-1 Strain moved, Hunziker second to adopt Resolution No. 82-91 referring the petition for Ext. of San. Sewer, looping of watermain, storm sewer and pond subdrain services, paving curb and gutter, from Salem Road to the west line of Sec. 3 to be known as Fox Valley Dr. S.W. to the Public Services Dept. for a feasibility report. Ayes (5), Nays (0).Motion carried. D-2 Bluhm moved, Strain second to adopt Resolution No. 83-91 referring the petition for Municipal San. Sewer Ext. to serve Holy Spirit Parish - N 1/2 Sec. 17 T 107N R 14W to the Public Services Dept. for a feasibility report. Ayes (5), Nays (0).Motion carried. E-1 Solinger moved, Hunziker second to order a public hearing to be held on March 18, 1991 on the proposed sewer rate increase - considering a study that has been made on the current rate structure. Ayes (5) Nays (0).Motion carried. E-2 Strain moved, Bluhm second to adopt Res.No. 84-91. approving the agreement to share in the testing and remedial plan development costs for the former Rochester Gas Manufacturing site, -( Peoples Natural Gas ) contingent upon equal participation by Peoples and Interstate. Ayes (5), Nays (0).Motion carried. E-3 Hunziker moved, Bluhm second to adopt Resolution No. 85-91 setting a hearing to be held on April 1, 1991 on the Re -Appropriation of HRA Community Dev. Block Grant Funds to Dollar Home Program. Ayes (5), Nays (0).Motion carried. E_4 Strain moved, Solinger second to approve the appropriation of $2,000. from the 1991 contingency account for the Youth Employment Project, Inc. for the Summer 1991 Work Project. Ayes (5), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3672 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - March 4, 1991 Agenda Item E-5 E-6 E-7 E-9 Solinger moved, Strain second to adopt Resolution No. 86-91 approving the contracts with McGhie and Betts, Inc. for engineering services in conjunction with the repaving of the Southeast Parallel Taxiway and the paving of a hangar ramp at the Rochester Municipal Airport. This is J 6925. Ayes (5), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 87-91 approving a contract agreement with Moorhead Machinery and Boiler Co. for a boiler superheater in the amt. of $33,600.00. Resolution No. 88-91 for a purchase order agreement with Powell Industries, Inc. for a switchgear in the amount of $33,101.00. Ayes (5), Nays (0).Motion carried. Strain moved, Bluhm second to approve the following licenses & bonds: Request from Circus World Bingo for an Annual Bingo Hall License from May 1, 1991 thru May 1, 1992. Request from Kenneth M. Jenson of Pine Island for a Master Installer License from March 1, 1991 through December 31, 1991. Request from Louis Ashfeld of Plymouth , Mn. and Donald Reuer of Plymouth for a Master Installer License from March 1, 1991 thru Dec. 31, 1991. Request from Innovative Contractors, Inc. for a license to Construct Cement Sidewalks, Curb and Gutters and Driveways from March 1, 1991 thru Dec. 31, 1991. RENEWAL LICENSES Master Installer (2). - Dwight Lockerby and David Grong Sewer & Drain (1) - Underground Constructors, Inc. The Renewal Licenses for Off -Sale Liquor, Club On -Sale Liquor and Wine are listed at the end of the minutes. The Renewal for the Maplewood Square Shopping Center Off -Sale Liquor license is not included and will be considered at the evening meeting. Ayes (5), Nays (0).Motion carried. Alderman. Canfield arrived - 2:10'P.M. Hunziker moved, Canfield second to approve the Transfer of the On - Sale Intoxicating Liquor License from John Roehrick to Brothers Bar and Grill, Inc. to operate at 808 South Broadway. This is based on the approval of departments and a certificate of occupancy by the Building and Safety Dept. Ayes (6) ,Nays (0).Motion carried. Hunziker moved, Bluhm second to approve the issuance of an On -Sale Non -Intoxicating 3.2 license to Fajita LaCasa-and Chardonnay LTD. Ayes (6), Nays (0).Motion carried. 1 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ,� 73, CITY OF ROCHESTER, MINNESOTA �� Regular Meeting No. 24 - March 4, 1991 Bluhm moved, Hunziker second to approve the Accounts Payable in the amount of $1,091,3.17.09` - File is in the City Clerk's Office - Ayes (6), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No.88A-91 approving the Contingency Transfers - 1990 - The appropriation is $427,112.91. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 89-91 awarding the low bid of $43,713.00 fora semi -tractor - for the Water Reclam- ation Plant - Ayes (6), Nays (0). Motion carried. Canfield moved, Strain second to adopt Resolution No. 90-91 awarding the low bid to Universal Ford for three midsize 1/2 ton pickup trucks with extended cabs. This is in the amount of $37,100. Ayes (6), Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 91-91 awarding the low bid of $24',700.00 -1/2 ton pickup - two full size trucks. This is to Adamson's. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 92-91 awarding the bid to Rufferidge Johnson for a trailer mounted steamer for Sewer Collection Div. This is in the amount of $24,255.00. Ayes (6), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 93-91 approving Supplemental Agreement No. 1 - J 4996 J 9008 - in the amount of $5,000.00 for extra work on the project. Ayes (6), Nays (0) Motion carried. Canfield moved, Bluhm second to adopt Resolution No. 94-91 approving the Music Contract with the Rochester Symphony Music Director for the year July 1, 1991 to June 30, 1992. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to approve the Preliminary Plat No. 91- 6 North Park Sixth Sub. This would include the 10 conditions as stated on the Request for Council Action dated March 4, 1991. Ayes (6), Nays (0).Motion carried. Bluhm moved, Canfield second to approve the Preliminary Plat of Northern Slopes Sixth Subdivision - This is subject to the four conditions as listed on the Request for Council Action dated March 4, 1991. Ayes (6), Nays (0).Motion carried. Discussion was held on the request for a Preliminary Plat to be known as Diamond Ridge Three. Roger Plumb, Public Services Director stated that he was not in favor of running a Sanitary'Sewer in 30 feet deep because it would be hard to maintain. Wishing to be heard was Bob DeWitz, Developer from Rochester and he stated that this problem could be worked out and he would have McGhie and Betts, Inc. his Engineering firm look at this and work with the Public Services Dept. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 33(;74 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - March 4, 1991 Agenda Item E-20 E-21 E-22 E-23 E-24 E-25 E-26 E-27 Terry Spaeth of the Planning Dept. had a concern over the absence of a sidewalk. After Council discussion, Canfield moved, Hunziker second to approve the Preliminary Plat subject to the conditions as set forth on the Request for Council Action dated March 4, 1991 and addthat 7th Street be moved to the west line of the plat and establish contact with the Public Services Dept. for the depth of the Sanitary Sewer and utilities and include a sidewalk on the north side if the Planning Dept. can establish a logical plan that would fit into the environment. Ayes (6), Nays (0).Motion carried. Hunziker moved, Strain second to approve the payment of $12,516.00 to the Mayo Clinic for storm sewer work which they had installed in 5th Avenue N. W., north of West Center Street. Ayes (6), Nays (0). Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 95-91 authorizin', payment for the additional work covered by Supplemental Agreement No. 1 for Project 9065 Sidewalk Replacement - The amount is $12,167.55. Ayes (6), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 96-91 adding Para. 134.2 - to the Sec. B of No Parking Zones as follows: 6th Ave. N. W. on the West side from a pt. 100 Ft. North of First St. to Second St. 7:00 A.M. to 9:00 A.M. Monday thru Friday. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 97-91 adding Para. 6 and 7 to Sec. A Angle Parking of the Comp. Traffic and Parking Res. as follows: 6 - 1st Avenue S. E. on the W.side from'Center St. to lst St. S. E. 7 - lst Ave. N.E. on the West Side from Center St. to lst St. N. E. Ayes (6), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 98-91 and 99-91 declaring the costs to be assessed and ordering a hearing on April 1, 1991 on (Def.) assessment - J 8569 Project 6257-83 Water Tower, Booster Stn. and Conn. Trunk Mains to serve High Level Dist. North of Salem Rd. and E. of CSAH 122 - Baihly Water Tower - Ayes (6),-.Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 100-91 ordering_ a hearing on April 1, 1991 on Proposed Impt. Project 9010 -91 J 9170 - Const. of Essex Parkway from W.River Rd. (County Rd. No. 133 - to the West Ln. of the Watson Sports Complex (So. In-, Lot 19, Blk 3, Essex Est.). Ayes (6), Nays (0).Motion carried Bluhm moved, Canfield second to adopt Resolution No. 101-91 approving a contract modification No. 2 increases the construction contract by $40,955.00 for Solids Handling Impts. Ayes (6), Nays (0).Motion carried. This is with Bor-Son Construction Co. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . CITY OF ROCHESTER, MINNESOTA 3675 Regular Meeting No. 24 - March 4, 1991 Agenda Item F-1 An Ordinance Amending the Section 135.07 of RCO relating to Truck Routes within the City of Rochester was given its first reading. Bluhm moved, Hunziker second to suspend the rules and give this Ordinance a second reading. Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, Solinger, Strain and President Selby voted aye. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Strain moved, Hunziker second to adopt Resolution 102-91 establishinc the polling places, appointing the elections judges and setting the salaries for the election judges for the year 1991. Ayes (6), Nays (0).Motion carried. Having no further business, Solinger moved, Bluhm second to adjourn the meeting until 5:30 P.M. Ayes (6), Nays (0).Motion carried. President Selby called the meeting to order at 5:30 P.M., the same meeting was held at Michaels Restaurant, 15 South Broadway. Members present: President Selby - Aldermen Bluhm, Canfield, Hunziker, Solinger and Strain. Absent: Alderman McConnell. No official motions were made at this session, but the following items were discussed: H-1 Stevan Kvenvold, City Adm. discussed the Hollywood Barandits exhibition of dancing girls. He said this establishment was allowed adult entertainment on an irregular and infrequent basis. He questioned whether such entertainment was occurring on a regular basis, but the ordinance did not define the term. He said the Council can determine what is .-.i-rregular and infrequent. He said some citizens are complaining about this entertainment. Alderman Hunziker said that the 750 foot prohibition as to neighborin adult establishments could not be enforced unless the term is defined and the ordinance enforced. He said since the ordinance is on the books we should define the terms and indicate the ordinance's scope. Alderman Bluhm said the language was ambiguous and did not lend itself to enforcement. Until we determin-e what was regular and irregular, the ordinance could not be enforced.. A consensus was reached that the City Attorney should attempt to provide a definition of the terms "irregular and infrequent" for the Council's consideration. 3676 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - March 4, 1991 Agenda Item H-1 Stevan Kvenvold, City Administrator; discussed Mr. Kottschade's transfer of liquor license request. He wasn't sure whether the City had a rule indicating either a person used his liquor license or it was last: No further action was taken. Mr. Kvenvold next discussed total cost bidding. Caterpillar had a benefit over other bidders using this approach. Caterpillar's competitors dislike the total cost bidding approach because of the advantage. Recently; the County awarded &..total cost bid. Mr. Kvenvold wondered if the Council were interested in considering this bidding approach for future projects. Alderman Bluhm asked about parts and maintenance. Are they included in the total cost approach? Other members replied that they were included. Alderman Solinger suggested that the total cost approach eliminated too many competitors, resulted in performance problems, and did not offer the advantages of a continued warranty over along period of time. Alderman Hunziker suggested that an apparently expensive bid can be the best bid of the costs over the long run are lower. Mr. Kvenvold suggested that the Council may want to consider the total cost approach for heavy equipment purchases. Members agreed to consider the approach at that time. Gary Neumann, Assistant City Administrator, noted that the Barlow Store request to vacate a part of 6th Street was not on the agenda tonight because meetings are continuingA n attempting to resolve the matters between the interested parties. Furthermore, there was insufficient time to prepare written materials for the Council members. Alderman Canfield expressed displeasure with the limited concession hours at the Civic Center during a recent event. He stated that the concession stands were closed at,an early hour. He wondered what contractual obligations existed concerning the concessions. Terry Adkins, City Attorney; gave an update on the efforts to sign a contract with Kahler. Mr. Kvenvold noted that the Council had not reviewed the proposed expenditure of funds by the Park Board and questioned the Board's independent expenditure authority. Alderman Hunziker stated that he had heard complaints about the hockey warming houses not being opened when scheduled to be=open. 1 I. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 367 CITY OF ROCHESTER, MINNESOTA BPgular MPetinq No- 24 - March 4, 1991 Agenda Item H-1 Alderman Canfield stated that the HRA would like to have independent access to a property tax if it becomes a county -wide organization. He said the Jefferson Jury wanted HRA to have county -wide jurisdiction. Such a step may require City approval under current state law. He said that staff should be reviewing the situation and be prepared to respond. Mr. Kvenvold said the. Planning Department is reviewing the matter asfHRA is considering authority to become a taxing entity. Alderman Sol inger said that Rochester Public Uti-li=ties' has a report on long range strategic planning and the Council should review it. Discussion occurred as to closing of Silver Lake and the potential loss of the geese. Alderman Hunziker said he was contacted by outside media on the subject. The consensus was that SMMPA should not control the Silver Lake plant. Alderman Canfield provided an update on the League of Cities convention. The first night will feature entertainment and an ice cream fantasy. The second night is entitled, "South to the Border Down Rochester Way" and will have a Mexican/southwestern U.S. theme. There will be crafts and exhibits around the auditorium main floor. Speakers will use the Riverside rooms, Theatre, and Art Center. The final night will feature a banquet and some type of entertainment. There will be golf, luncheon for spouses, and children's event. Any help as to entertainment and appropriate theme events would be welcomed. Alderman Hunziker moved ,'.*Solingersecond to adjourn the meeting. Ayes (6.), Nays (0). RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-1 B-2 ME CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 24 - March 4, 1991 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Aldermen Bluhm Canfield, Hunziker, Solinger and Strain. Absent: Alderman McConnell. A Hearing on the vacation of a portion of an Alley located between 7th and 8th St. N. W. and 1st and 2nd Ave. N. W. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm-moved, Canfield second to adopt Resolution No. 103-91 approving the vacation subject to the three conditions: 1. The petitioner must work with the Fire Dept. regarding the possible relocation of the alarm wires located in the alley. 2.. The petitioner must work with US West to resolve the items listed in the memo from US West dated Jan. 21, 1991. 3. The vacation should not be effective until after the final PUD plan has been approved by the Common Council. 4. Provide a legal description. Ayes (6), Nays (0).Motion carried. A Hearing on the Variance 91=1 by Olmsted Co. to modify the flood protection requirements on the proposed Joint Government Center. Wishing to be heard was Don Staley of Burnsville, Mn. Project Manager Olmsted Co. He was present to urge the Council to approve this and for any questions:the-Council may have. Alderman Solinger asked if FEMA had approved this yet. Mr. Staly stated no, but they are working on this. Wishing to be heard was Robert Peterson of 302 23rd Avenue S. W. and wondered what this was all about. Mr. Ron Livingston, of the Planning Dept. explained the flood elevation plans to him. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 104-91 approving the variance. Ayes (6), Nays (0).'Motion carried. For the Record, Alderman Solinger stated that as work is being completed, consultants can be hired to change the flood zone. Gary Neumann, Assistant City Adm. stated that he has been working with the Flood Control staff and will keep the Council posted on the happenings. A Hearing on the Low Income Housing Tax Credit Allocation Plan. Wishing to be heard was Don Schmidt, Oronoco, Mn. applicant, and was present for any questions the Council may -have. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Canfield second to approve 1. Low Income Housing Tax Credit Allocation Plan and 2. Designate the Rochester Housing and Redevelopment Authority as the Dept. responsible for the administration of the program and 3. Approve the application, tax counsel, and monitoring fees as proposed. Ayes (6), Nays (0).Motion carried. E-7 Hunziker moved, Bluhm second to approve Off -Sale -Liquor License of Maplewood Square Shopping Center -located in the retail space next to Mr. P's Grocery Store. (Franklin P.Kottschade,applicant). Ayes (6), Nays (0).Motion carried. Having no further business, Bluhm moved, Strain secg9d to adjourn the meeting. Ayes (6), Nays (0).Motion car r' d. 'ty Clerk 1 I.