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Home My WebLink About08-19-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 - August 19, 1991 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None. Petersson moved, Crawford second to approve the minutes of the August y 5, 1991 meeting. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the increase of Building Permit Fees. Wishing to be heard was Donald Wees, Building and Safety Director of 1243 West - Center Street. He stated that the city has significant growth in the past eight years and that the staff in the building dept. has not increased accordingly to handle the increased amount of work. Fees have not been increased since 1980. The amount of dollars taken in have increased because of increased business, but not the fee itself. Mr. Wees presented various charts and reports to substantiate his request. These are on file in the City Clerk's Office. Wishing to be heard was Ed Lund of Lund Construction at 1803 3rd Ave. S. E. and stated that he received the material requesting the increase in fee only a few days ago. He urged the Council to table th- for 60 days in order for the Builders to get together and have a recommendation. A representative of Superior Plumbing, Rochester, Mn. stated that they would like to set up a task force and bring back a recommendatioi for the Council to consider. He stated that the current recommended 40-60% increase is not acceptable. Having no one else present that wished to be heard, President Selby d close the hearing. After Council discussion, Canfield moved, McConnell second to table this for 60 days -until Oct. 15, 1991 meeting and and questions the Builders, etc. may have be directed to the City Adm. and to Don Wees until the end of Sept. for them to reply before the Oct. Council meeting. Upon Roll call vote, Aldermen Canfield, Crawford, McConnell voted aye. Ayes (3), Aldermen Hunziker, Petersson , Solinger and President Selby voted nay Nays (4). Motion did not carry. Hunziker moved, Petersson second to continue the hearing and any questions that the public may have be submitted in writing to the City Adm. or Don Wees, Building and Safety Dept. until the 16th of September. This hearing will be co rtinued until the Council Meeting of October 5, 1991. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Proposal to increase the Housing Registration Fees. Wishing.to be heard was Don Wees of the Building and Safety Dept., Rochester, Mn. and stated that the fees should be increased to keep pace with the current expenses as incurred by the department.A full report on this request is on file with the City Clerk. Wishing to be heard was David Bush of 412 18th St. S. E. He manages Weiss Rental Business and stated.that the Council should have some concern for the renters in this City. All increases are passed down to the renters and he has come concern about increases in that respect. He also asked the Council to promote affordable housing in the City. Havingg no one else present that wished to be heard, President Selby heos�atth�t ornengto McConnell m vqd, Peterson second to instruct Y y prepare an 8r finance allowing the increase. Ayes (7), Nays (0).Motion carried. 3777 Id not RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3 778 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 - August 19, 1991 Agenda Item B-3 B-4 :.a " ., B-5 A Hearing on the Proposed Amendments to the State Building Code. Wishing to be heard was Don Wees of the Building and Safety Dept. This is regarding the adoption of Appendix 38 which requires the _:installation of fire sprinkler systems in retail, warehouse or manufacturing areas with 5,000 or more gross square feet of floor area or three or more stories in height. The Southeastern Mn. Building and Construction Trades Council has endorsed the sprinkler system for buildings of 5,000 or more sq. ft. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Crawford second to instruct the City Attorney to prepare an Ordinance making this change. Ayes (7), Nays (0).Motion carried. Alderman McConnell stated that the City of Rochester owes a deep debt of gratitude to former Fire Chief Orville Mertz for his initiative in getting sprinklers in the City of Rochester. A Hearing on the Applications for Minnesota Transit Assistance for CY 1992. Having no one present that wished to be heardf, President Selby closed the hearing. Crawford moved, Peters son second to adopt Resolution No. 423-91 approving the application, f.or•,.Regular Route_. Transit and,•to ' .provide up to 40% of the expenses thru local share. Resolution No. 423-91 also includes ZIPS Dial -A -Ride and to provide up to 35% of the expenses thru local share. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed changes to ZIPS Fares and Service levels. Wishing to be heard was Tony Knauer of Dept. of Public Services. He stated that changes to the service and fares will have to be consider if the County does not approve the additional funding which they previously stated they would consider in the fall of 1991. Wishing to be heard in support of the ZIPS system are as follows: Dale Gastner of Woodbridge, Rochester, Mn.; Frank Anderson of Bear Creek Services - ; Ms. Hennessey, Director of ARC Olmsted County -903 West Center; Dave Brandt of the Rochester Transportation System, Rochester, Mn.; Ann McGhie of ABC, Rochester, Mn.; Duane Scott of ABC ; Pat Goss of Hiawatha Homes, Inc.; Don Hoffman of 380 Norseman Ct. N. W.; Representative of Olmsted County Social Services Betty Young of Rochester, Mn.; Arlen Johnson of the Olsmted DAC; Beth Ashphall of the Rochester Park and Recreation; Dr. Gambill of Rochester, Mn. Having no one else present that wished to be heard, President Selby called for a Continued hearing motion. It is noted that the hearing is not closed. Petersson moved, Crawford second to continue the hearing until Sept. 4, 1991 after the Olmsted Co. Board meets to decide on their part of_the funding. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project No. 6311-4-89 J 9132 St. Widening, Reconst. and Resurf. on llth Ave. N. W. from 12th St. N. W. to approx. 300 Ft. So. of 19th St. N. W. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Crawford second to adopt Resolution No. 424-91 accepting the assessments. Ayes (6), Nays (0).Motion carried. Alderman Canfield abstained. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 0 CITY OF ROCHESTER, MINNESOTA AdjQurned Meeting No. 7 - August 19, 1991 Agenda Item B-7 A Hearing on. Proposed Assessments on Project 8305-4-89 J 9081 - Street Widening, Curb and Gutter and Storm Sewer on lst St. from 4th. Ave-. to 6th. Ave. N,_X.,..and on `5th _Ave.. from Ilest Center to lst.Si.'.N...W.' Having no-one present. that wished to be heard,, President Selby closed -the hearing. Solinger moved, Petersson second to adopt Res•olution,No.'425-91 accepting the assessments. Ayes (7), Nays (0). Motion carried. E-1 Wishing to speak on behalf of the Rochester School District regard- ing the Transfer of Tax Increments to the School District/ Funding for BET was Sherry Moon of 712 26th St. N. W. She urged that the Council and the School,Board be united on the transfer and that the School District accepts the conditions as placed on this transfer by the City. Hunziker moved, Petersson second to adopt Resolution No. 426-91 approving the agreement with Independent School Dist. 535 regarding the payment to the School Dist. of the Tax Increment amounts accumulated as a result of the School Dist. 1989 levy limit override referendum with the conditions that the School District be responsible for any request for public funding of Building Equality Together (B.E.T.) and that the School District be responsiblE for the school crossing guard program. Ayes (7), Nays (0).Motion carried. E-2 Canfield moved, Solinger second to adopt Resolution No. 427-91 approving the Proposed Budget and Tax Levy for 1992 in the amount of $90,453,900. Ayes (6), Nays (1). Alderman McConnell voted nay. Motion carried. Alderman McConnell stated that he would never support a budget in this amount. E-3 Petersson moved., Canfield second to adopt Resolution No. 428-91 conveying. City Lands at Riverbend Site to Olmsted County Housing and Redevelopment Authority and authorizes the Mayor and City Clerk to execute a Qqit Claim Deed. Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, McConnell second to refer to the Charter Commission the following changes: I. Revise Charter to remove references to "Alderman" and *substitute "Councilmember" - and II. Chapter V of the Charter Sec. 5.03.This would allow regular Council meetings to be held.on dates other than Tuesday .if the need arises. Ayes (7),Nays (0).Motion carried. E-5 Hunziker moved, Canfield second to approve the request from Aldrich Nursery to utilize the former Silver Lake Motel Property on a temporary basis until Oct. 31, 1991 subject to the insurance requirements. Ayes (7), Nays (0).Motion carried. E-6 Hunziker moved, Crawford second to approve the Park Dept. to operate the Adopt A Park Program on lands acquired for the Flood Control Project. Ayes (7), Nays (0).Motion carried. E-7 Crawford Moved, Petersson second to adopt. Resolution No. 428A-91 appro i:aR t 1 ow b i T of, t5 6 2 0� suRmi_tteg: �i Ford-'M •trq for ,J, Y6950 Thermo �a e gg ss Rep acem r? or fie,. .arpor,; rm�nal Eui ding. Ayes (7) ays O�.Motibn carried. E-8 Petersson moved, Hunziker second to approve the following Resolutions as approved by the Rochester Public Utility Board: 3779 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3780 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 - August 19, 1991 Agenda Item E-8 Resolution No. 430-91 approving a purchase order agreement with Westinghouse Electric Corp. for combustion turbine overhaul in the amount of $60,000.00. Resolution No. 431-91 approving a contract with. U.S. West Communi- cations and Westmarc'Cable for joint use of poles. Ayes (7), Nays (0).Motion carried. E-9 . Hunziker moved, McConnell second to approve the following licenses and bonds: Auction - Grafe Auction Co. for NW Foods -3918 18th Ave. N.W. Circus - Don's Amusement Enterprise - Northb_rook Shopping Center on Sept. 11 - Sept. 15, 1991 Cigarette - Over the Counter - Asian Food Store - 607 6th Ave.N.W. Outdoor Dining - Daube's Bakery and Konditorei - 14 Third St. S. W. Sidewalk - Cement - Adcon, Inc. Andover, Mn. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, Petersson second to instruct the City Attorney to prepare an Ordinance change regarding the amendment to the Animal Ordinance RCO 106. This makes the period of rabies vaccinations uniform. Ayes (7), Nays (0).Motion carried. E-11 Solinger moved, Petersson second -to approve the transfer of the on - sale and Sunday Liquor licenses from Lindy's at the Airport to Nick's Ribs and Other Good Things, Inc. Ayes (7),.Nays (0).Motion carried. E-12 McConnell moved, Petersson second to approve the transfer of the on - sale and Sunday Liquor Licenses to Sam-Oeun Ung, new owner - Anthony Danh, Inc. DBA Hunan Chinese Restaurant. Ayes (7), Nays (0).Motion carried. E-13 Petersson moved, Crawford second to approve the Accounts Payable in the amount of $1,452,881.82 - List on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-14 Canfield moved, Petersson second to adopt Resolution No. 432-91 authorizing the City Clerk to advertise for bids on Ferric Chloride- Bids to be opened at 11:00 A.M. on Sept. 9, 1991. Ayes (7), Nays (0).Motion carried. E-15 Hunziker moved, Crawford second to adopt Resolution No. 433-91 autho Hzing the City Clerk to advertise for bids on Concrete Repair at Second St. Parking Ramp. Bids to be opened at 11:00 A.M. on Sept 9, 1991.. Ayes (7), Nays (0).Motion carried. E-16 Hunziker moved, McConnell second to adopt Resolution No. 434-91 stating the City's intent to reimburse itself for the previously paid project expenditures out of the proceeds of subsequently issued taxable or tax exempt bonds or other borrowings. It is also stated that the Dir. of Finance be authorized to issue the City's I� official intent declarations or to delegate from time to time to other City employees. Ayes (7), Nays (:O).,Moti.on carried.. 1 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Adjourned Mee Ling lVo R9 - usR, NINI�15FTA 378:1 Agenda Item E-17 Canfield.moved, Petersson second to approve the adoption of the 1988-Uniform Fire Code as amended. Additions are as follows: Addition of new sec. 55.04 - Fireworks. and Sec. 55.05 Subd. 2 prohibits the installation of above ground tanks for fuel dispensing into motor vehicles except in areas zoned M-2. Additional changes are 55.07 - includes $20.00 permit fee to be.changed to $25.00. and 55.02 - All required fire hydrants shall be positioned so the distance from the adjacent grade level is not less than 30" to. the top of the hydrant and the 4" outlet shall face the roadway and/or curbline. Speaking on behalf of the new changes was Tom Kochheiser; Fire Chief of the Rochester Fire Dept. Ayes (7), Nays (0 Motion carried. E-18 Petersson moved, Hunziker second to adopt Resolution No. 435-91 adopting the Pay Grade/Family Assignment - Performance Appraisal Program. Ayes (7), Nays (0).Motion carried. E-19 McConnell. moved, Hunziker second to instruct the City Attorney to prepare an Ordinance annexing 11.78 acres of vacant land adjacent to Salem Sound•Sec. in Sec. 9, Rochester Township - (Lowell Penz). Ayes (7), Nays (0).Motion carried. E-20 Hunziker moved, Solinger second to approve the.Planned Unit Dev. (Preliminary Plan) to be known as Salem Sound Third. This is subject to the following five conditions: 1. The entire width -of the private road should be built. If not, the west half should at least be graded and graveled to provide enough room for two-way travel. 2. The prel. plan documents state that storm shelters will be provide, in each dwelling unit. The plans should.also state that these shelters will be built to Fed. Emergency Management Agency (FEMA) Standards. 3. The necessary easements across Outlot B for the sewer and water mains must be provided on the final plat.* 4. The requirements of,the Parkland Dedication Ord. must be met at the final plat stage. 5. The final.plan may not proceed to.the Council until this property has been officially annexed. Ayes'(f),Nays (0). Motion carried. E-21 Crawford moved, Petersson second tQ adopt Resolution No. 436-91 and 437-91 ordering a feasibility report and ordering a hearing to be held on Sept. 17, 1991 on Project No. 9115-J 9205 - Reconst. of the E-W Alley between 13th Ave. and'16th Ave. S.; W. and Bet. lst St. and 2nd St.•S W. Ayes (7), Nays (0).Motion carried. E-22 Hunziker moved, McConnell second to adopt Resolution No. 438-91 awarding the low bid of $488,450.28 to Road Constructors, Inc. on Project No. 6204-2-91 J 9168 - Reconst. of 4th St. S. E. from 1st Ave. Ss E. to the E. Sd. of the 4th St. and 3rd Ave. Int. plus the Reconst. of Third Ave. S. E. from 4th St. to 450 Ft. South. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL % 3 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 7 - August 19, 1991 Agenda Item E-23 E-24 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 H-1 Crawford moved, Hunziker second to adopt Resolution No. 439-91 authorizing the City Clerk to advertise for bids on the Rehabilitation of one Advance Design Transit bus. Bids are to be opened at 11:00 A.M. on Sept. 26, 1991. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No.439A-91 provil ing for mileage reimburseme6t rate for Roch. City Lines support veh= icles in 199l'of $.24. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Annexation of 11.78 acres of lands situated in Sec. 9, Rochester Township - This was given its first reading: An Ordinance Amending and Reenacting Chapter 55 of the Roch.Code of Ordinances Relating to the Adoption of'the 1988 Uniform Fire Code was given its first reading. An Ordinance Amending and Reenacting Sec. 50.01 of the Roch.Code of Ordinances relating to the Composition of the State Building Code Applicable within the City was given its first reading. An Ordinance Amending and Reenacting Sec. 38.13 of the Roch. Code of Ordinances Relating to the Housing Registration Fees was given its first reading. An Ordinance -Amending Sec. 106.02;Sub. 2, 106.03 and 106.13 of the Roch. Code of Ord. Relating to Licenses and Rabies Vaccinations for Dogs, Cats and Other Animals was given its first reading. An Ordinance Rezoning to R-1 Low Den. Res. properties located in Lots 1,2, and 3 of Blk 1 and Lots 1 and 2 Blk 3 of Glendale Hills Sub. was given its second reading. Solinger moved, Petersson second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning to R-3 Med. Den. Res. and R-1 Low Den. Res. properties located in the West 5/8 of the E 1/2 of Sec. 15, T107N R14W Rochester, Mn. ( Kings Run.) was given its second reading. Canfield moved, Crawford second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 440-91 an Owner contract for Basic Construction in Interlachen, Saimex, Inc. and Elcor Const. Co. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to state the Council's intent to pay the Coalitition of Greater Mn. for ae.study on annexation. Ayes (7), Nays (0).Motion carried.. Having no further business, Hunziker moved, Sol.inger second to adjourr the meeting until 4:00 P.M. on August 26, 1991. Ayes (7), Nays (0). Motion carried. PO C-ty Clerk 1