HomeMy WebLinkAbout10-07-19913 796 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 -October 7, 1991
Agenda
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Mr. Chris Colby, Partner of Yaggy-Colby Associates, Rochester, Mn.
Architectural/Engineering Firm presented the City of Rochester, Mn.
with a plaque stating that -the firm of Yaggy-Colby appreciated the
business the City of Rochester gave them during their 20 years in
business.
President Selby called the meeting to order at 2:00 P.M., the
following members being present: President Selby, Aldermen Canfield,
Hunziker, McConnell, Petersson and Solinger. Absent: Alderman Crawforc
Solinger moved, McConnell second to approve the minutes of the Sept.
17, 1991 meeting. Ayes (6), Nays (0).Motion Carried.
The request to be heard by Pat Ryan of Rochester, Mn. did not wish
to be heard at this time.
McConnell moved, Petersson second to adopt Resolution No.489-91
referring the letter from Jay-B.Bagne; Civic Square Project requestinc
sidewalks, Curb and Gutter around the project to the Public Services
Dept. for a feasibility report. Ayes (6), Nays (0).Motion carried.
Hunziker moved, Petersson second to instruct the City Attorney to
revise the Ordinance No. 129 relating to the Rochester Sales and Use
Tax. This would conform to the State Laws. Ayes (6), Nays (0).Motion
Carried.
Hunziker moved, Canfield second to adopt Resolution No. 490-91
amending the City Policy by requiring the City to be install or pay
for one-half of the basic construction expenses ( sewer and watermain
street , and curb and gutter ) for the street frontage adjacent
to City neighborhood parks in new subdivisions. The City Attorney
was instructed to amend the Ordinance increasing the average percent-
age for parkland dedications from 6% to 10%. Ayes (6), Nays (0).
Motion carried.
Solinger moved, Petersson second to adopt Resolution No. 491-91 and
492-91 approving and authorizing execution of amended and restated
Commercial Dev. Revenue Note of 1981 ( Northeast Professional Bldg.
Project ) and First Amended to Loan Agreement in connection therewith
and Res. amending the Comm. Dev. Revenue Note for the NW Prof.Bldg.
to allow two former partners, William Leach and'Michael Stevens to
be removed from the note and to allow the refinancing of the
note to obtain a 10.5% taxable inc. rate with a final maturity date
of 1996 instead.of 2006. The remaining partners continue to be
obligated to the City pursuant to the Orig. deve. and assessment
agreements. Ayes (6), Nays (0).Motion carried.
Petersson moved, Canfield second to adopt the following resolutions
as approved by the Public Utility Board:
Resolution No. 493-91 entering .into an insurance agreement with
CO Brown with Assoc. Ele. and Gas Ins. Services Ltd. for Comp .
Liab. Ins. Cov. in the amount exp. Oct. 18, 1992 of $218,767.00
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RECORD OF OFFICIAL PROCEEDINGS OF.THE COMMON COUNCIL ,,
CITY OF ROCHESTER, MINNESOTA �797
Regular Meeting No. 11 - October 7, 1991
Agenda
Item
E-4 Resolution No. 494-91 approving an insurance agreement with ,
Arkwright Mutual Ins. Co. for property and boiler and mach. ins.
for one year ending Oct. 18, 1992 in the amount of $111,324.00.
Resolution No. 495-91 approving a purchase order with Dakota Mn. and
Eastern RR for Mayo Foundation Substation land procurement in the
amount of $138,500.00.
Ayes (6), Nays (0).Motion carried.
E-5 Canfield moved, McConnell second to adopt Resolution No. 496-91
approving the request from the Bldg. Code Board of Appeals to extend
the terms of board membership and to revise the by-laws. Terms
from two to three years with a max. of two consecutive terms,
and when meetings should be held.
Ayes (6), Nays (0).Motion carried.
E-6 Solinger moved, Petersson second to instruct the City Attorney to
prepare an Ordinance amending Rochester Code of Ordinances relating
to Contractors and Master Installers Licenses adding Sub. 2,3,4 and
5. Sec. 53.05 Sub. 1 relates to Examination of Applications.
Ayes (6),Nays.(0).Motion carried.
E-7 Canfield moved, Hunziker second to approve the following licenses
& bonds:
Auctions - Hiawatha Homes Foundation - Christ. Fest. of TreTI:� 9lAu(
Gambling - Hiawatha Homes Found.- 11-26-91-12-1-91 - Fest. of Trees.
Master Installer - Peter Murphy , 2722 - 26th Ave. S. E.
Ayes (6), Nays (0).Motion carried.
E-8 Petersson moved, McConnell second to approve the request for On -Sale
3.2 beer to Anthony Danh DBA Village Wok Chinese Rest. 4156 18th
Ave. N. W. Ayes (6), Nays (0).Motion carried.
E-9 Solinger moved, Petersson second to approve the issuance of an on -
sale wine license to Anthony Danh DBA Village Wok Chinese Rest.
4156 18th Avenue N. W. Ayes (6), Nays (0).Motion carried.
E-10 Hunziker moved, Petersson second to instruct the City Attorney to
prepare an amendment to RCO. 97.01 Limousine Franchises. Ayes (4),
Nays (2).Motion carried. This Ordinance allows for a Temporary lic.
Upon Roll call vote, Aldermen Canfield, Hunziker, Petersson and
Solinger voted aye. Aldermen McCOnnell and President Selby voted nay.
Motion carried.
E-11 Petersson'moved, McConnell second to instruct the City Attorney to
prepare an Ordinance changing the definitions regarding Circuses
and other shows. Ayes (6), Nays (0).Motion carried.
E-12 Petersson moved, Solinger second to approve-_the_issuance.of.-.a.Sound
Amplification Device permit to Edward Garris, 1409 Ninth Ave.-N. E.
for Sat. Oct. 26, 1991 2-8-P.M. Ayes (6), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 - October 7, 1991
Petersson moved, McConnell second to approve the Accounts Payable
in the amount of $1,698,560.58. List on file with the City Clerk.
Ayes (6), Nays (0).Motion carried.
Solinger moved, Canfield second to adopt Resolution No. 497-91
awarding the low bid of $186.00 per ton to American Cyanamid
for one years supply of liquid aluminum sulfate. Ayes (6), Nays (0).
Motion carried.
Solinger moved, Petersson second to adopt Resolution No. 498-91
setting a hearing for November 4, 1991 on a proposed vacation of
a five foot utility easement along the west side of Lot 8, Blk 3,
Cimarron Fourteenth Sub. Ayes (6), Nays (0).Motion carried.
Petersson moved, Canfield second to adopt Resolution No. 499-91
authorizing execution of -a lease agreement for the property at
402 8th Avenue N. W. Ayes (6), Nays (0).Motion carried.
McConnell moved, Canfield second to adopt Resolution No. 500-91
approving a lease agreement of property at 405 7th Avenue N. W.
Ayes (6), Nays (0).Motion carried.
Canfield moved, McConnell second to adopt Resolution No. 50OA-91
authorizing the City Clerk to advertise -for bids on Demolition of
houses at 1017 and 1027 West Center Street. Bids to be opened at
11:00 A.M. on October 22, 1991. Ayes (6), Nays (0).Motion carried.
McConnell moved, Hunziker second to adopt Resolution No. 501-91
awarding the contract to Coach Crafters, Inc. in the amount of
$51,660.27. This is for the rehab and overhaul of Bus 202. Ayes (6),
Nays (0).Mo.tion carried.
Petersson moved, Hunziker second to adopt Resolution No. 502-91
approving an amendment to the City/RCL CY 1991 contract increasing
expense category 1090 "Adv. and Marketing " to $22,000. This is
cont. on RCL providing the City with a mutually agreed upon marketing
plan - This is with Rochester City Lines (RCL). Ayes (6), Nays (0).
Motion carried.
Canfield moved, Hunziker second to adopt Resolution No. 503-91
authorizing a public hearing to be held on November 18, 1991 on
Proposed Fare Changes to ZIPS Dial -A -Ride. Ayes (6), Nays (0).Motion
carried.
Solinger movd, Perersson second to adopt Resolution No. 504-91
authorizing the City Clerk to advertise for bids to be opened at
11:00 A.M. on November 12, 1991 on operation of the ZIPS Dial -A -Ride
bus service. Ayes (6), Nays (0).Motion carried.
Solinger moved, Canfield second to adopt Resolution No. 505-91
setting a public hearing for November 18, 1991 on the proposed
Transit Dev. Plan for the City of Rochester, Mn. Ayes (6), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 33799
Regular Meeting No. 0- October 7, 1991
Agenda
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Solinger moved, Petersson second to adopt Resolution No. 506-91
authorizing the City Clerk to advertise for bids on Project No. J 636:
Traffic Signals on 41st St. N. W. at the East Frontage Road and at
the West Ramp. Ayes (6), Nays (0).Motion carried.
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Solinger moved, Petersson second to adopt Resolution No. 507-91
stating that the City of Rochester will participate in the costs of
constructing the curb and gutter on the east side of the E. Frontage
Road and all of the construction on 33rd St. N. W. and 22nd Ave. N.W.
Est. cost for construction is to be $160,000. incl eng. Ayes (6),
Nays (0).Motion carried.
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Canfield moved, Petersson second to adopt Resolution No. 508-91
transferring the unexpended balances of permanent improvement
projects for a total amt. transferred of $255,349.51. Ayes (6),
Nays (0).Motion carried.
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An Ordinance Creating a Subdivision 19 of Sec. 129.01 amending
and reenacting several sections regarding the Rochester Sales and
Use Tax. This was given its first reading.
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An.Ordinance Amending and Reenacting Sub. 1 of Sec. 31.37 of the
Rochester Code of Ordinances Relating to Parkland Dedication
requirements. This was given its first reading.
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An Ordinance Amending Sec. 53.05 of the Rochester Code of Ordinances
Relating to Contractors and Master Installers Licenses was given its
first Reading.
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An Ordinance Amending Sections 97.03,04, 13 and Creating Sec. 97.041,
of the Rochester Code of Ord. relating to the regulations and
licensing of Limousine Operations in the City of Rochester was given
its first reading.
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An Ordinance creating Sec. 104.001 of the Rochester Code of Ord.
relating to the licenses for Circuses and other Shows. This was given
its first reading.
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An Ordinance amending Sub. i (f) of Sec. 125A.04 of the RCO Relating
to Wine Licenses was given its second reading. McConnell moved,
Petersson second to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried.
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An Ordinance Amending Sec. 62.211 of the RCO relating to the
Construction and location of Fences, Walls, and Hedges was given
its second reading. Petersson moved,.McConnell second to adopt the
Ordinance as read. Ayes (6), Nays (0).Motion carried.
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An Ordinance Rezoning property to B-lb, Gen. Bus. located on Lot 11,
Blk 8, of the Original Plat of the City ( 422 2nd Ave. S. W.) was
given its second reading. Petersson moved, McConnell second to adopt
the Ordinance as read. Ayes (6),..Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
�� ® CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11 October 7, 1991
Agenda
Item
F-1 Canfield moved, Hunziker second to adopt Resolution No. 509-91
approving an owner contract for Basic Construction in Manor Woods
West 4th Phase II to serve lots 13 thru 16 , Blk 3 and
1 thru 7, Blk 4, Lots 1 thru 14 Blk 5 - Drake and Forbrook and Assoc
This is subject to the payment of back charges. Ayes (6), Nays (0).
Motion carried.
F-1 Petersson moved, Solinger second to adopt Resolution No. 510-91
approving a Owner Contract with North American Realty and Road
Constructors for Bit. Base and.Surf. Con. Curb and Gutter in
Cantebury Ct. and Lane in Essex Est. Sub. and Parkway. Ayes (6),
Nays (0).Motion carried.
F-1 Petersson moved, Canfield second to adopt Resolution No. 511-91
approving an owner contract in Homestead Acres; Campus Village of
Rochester and Superior Companies of Rochester for Grad.Base, San.
Sewer and Watermain Ext. in 16th Ave. S. E. Roch. Ayes (6), Nays (0)
Motion carried.
F-1 S,olinger moved, McConnell second to adopt Resoltuion No. 512-91
approving an owner contract for-Watermain to serve Salem Sound 3rd
Sub. - Lowell Penz and Fraser Const. Co. It was mentioned by
the Public Services Dir. that this has not been annexed as yet,
but will be shortly. Ayes (6),Nays (0).Motion carried.
G-1 McConnell moved, Petersson second to remove the awarding of the
low bid on project No. 9101- J 9176 - San. Sewer along East line Wes.
Circle Dr., 3rd St. N. W. to S. Side of 2nd St. S. W. from the table
Ayes (6), Nays (0).Motion carried. Petersson moved, Hunziker•second
to adopt Resolution No. 513-91 awarding the low bid of $196,987.50
submitted by Elcor Const. Co. Ayes (6), Nays (0).Motion carried.
Having no further business, Solinger moved, Petersson second to
adjourn the meeting.until 7:30 P.M. Ayes (6), Nays (0).Motion
carried.
A-1 President Selby called the meeting to order at 7:30 P.M., the
following members being present: President Selby, Aldermen
Canfield, Hunziker, McConnell, Petersson and Solinger. Absent:
Alderman Crawford.
B-1 A Hearing on the Planned Unit Dev. ( Concept. Plan) to be known
as Pinewood Manor. Wishing to be heard was Franklin Kottschade of
2613 5th Avenue N. W. He was present for any questions the Council
may have. A question was asked of Mr. Kottschade about who would
plow the snow in the PUD. He stated that they would and it was in
the agreement with the property owners. Also, the small lots would
grant them more affordable housing.
Having no one else present that wished to be heard, President Selby
closed the hearing. McConnell moved, Hunziker second to approve
the concept plan subject to the 10 conditions as listed on the
Request for Council Action. Ayes (5), Nays (1). Alderman Solinger
voted nay. He stated that there are too many houses for the area.
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA I„
Regular Meeting No.11..- October 7, 1991
Agenda
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B-2 A Hearing on the proposed vacation on a 10 foot utility easement
by HyVee Foods North Store - Lot 1, Blk 1 Parkway Sec. Sub.
Having no one present that wished to be heard, President Selby
closed the hearing. Solinger moved, Canfield second to adopt
Resolution No. 514-91 approving the vacation. Ayes (6), Nays (0).
Motion carried.
B-3 A Hearing on the proposed vacation by Zumbro Lutheran Church of
a 15 foot wide alleyway on their property. Having no one present
that wished to be heard, President Selby closed the hearing.
Petersson moved, Hunziker second to adopt Resolution No. 515-91
approving the vacation with the condition that a 15 wide
utility easement be retained for access to the in -place utilities.
Ayes (6), Nays (0)..Motion carried.
134 A Hearing on the vacation petition by John and Margaret Davies
for a 10 foot wide utility easement in Pennington Court N. W.
Having no one present that wished to be heard, President Selby
closed the hearing. Petersson moved, Hunziker second to adopt
Resolution No. 516-91 approving the vacation. Ayes (6), Nays (0).
Motion carried.
B-5 A Hearing on the Proposed City Council initiated vacation of the
alley ROW adjacent to Blk 1 and 3, Hammer and Fanning Addn.
Having no one present that wished to be heard, President Selby
closed the hearing. Canfield moved, Solinger second to adopt
Resolution No. 517-91 approving the vacation. Ayes (6), Nays (0).
Motion carried.
B-6 A Hearing on the City of Rochester's Comprehensive Affordability
Strategy. Having no one present that wished to be heard, President
Selby closed the hearing. Hunziker moved and Petersson second
to approve.the Comprehensive Housing Affordability Strategy.
Ayes (6), Nays (0).Motion carried.
B-7 A Hearing on the Proposed Land Dev. Manual. Wishing to be heard
was Burton Sandok of 1516 13thAvenue N. E. and wanted to endorse thi
manual. He would like to come back to the Council with amendments
if a problem arises in this manual, so he would like to reserve this
right. He is also in favor of saving . every tree that we can.
Trees are necessary to nature and it takes a long time to grow one.
Mayor Hazama reminded Mr. Sandok that Rochester has the honor of
being named " Tree City" and that is because we have a lot of trees
and plant new trees every year as well as work toward preserving the
old trees.
Ron Bailey of Rochester Area Buildings Committee was present and
stated that the builders are 100% behind this manual. and they, too,
are receptive to any amendments that may have to be added later.
Having no one else present that wished to be heard, President Selby
closed the hearing. Solinger moved, Petersson second to instruct
the City Attorney to prepare an ordinance adopting this manual.
Alderman Solinger stated that it was good to have this .manual done.
The City Council thanked the staff and whoever worked on this manual
for a good job. Ayes (6), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3802 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 11- - October 7, 1991
Agenda
Item
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A Hearing on the Request to Increase Building Permit Fees.
Wishing to be heard was Ed Lundwuest of 902 2nd Avenue of Stewartvil'
Mn. and represents the Rochester Area Builders. He stated that
the current fees are adequate and that the increase is not necessary
to cover the expenses of the dept. He is opposed to this increase.
Wishing to be heard was Ron Bailey of the Rochester Area Builders
and they, as well as himself, wish the fees would remain the same.
He stated that the fees should not be used as a generator of
revenue.
Wishing to be heard was Julie Leisen of DeWitz Construction.
She is opposed to the increase. She said " No More".
Alderman Petersson questioned Ms. Leisen of "Where should we go to
cover the expenses and "revenue" Ms. Leisen stated that she would
like to know where the additional $148,000 has gone that is
generated over the actual costs.
Mr. Paul Utesch, Finance Dir. stated that additional monies go into
the general fund. These funds cover years when the dept. would
actually lose money on happenings. It is a break even process.
Wishing to be heard was Jim Gander of 932 Sierra Lane N. E.
and strongly agrees with the Roch.Area Builders Assoc. the fees are
too high and is against this increase. Alderman McConnell stated
that a 20% increase should be appropriate at this time and cover the
increases needed by Building and Safety as well as give a break
for the builders:.
Don Wees, Building and Safety Director stated that a 20% arbitrary
increase is not feasible and the fees have not been raised for sever<
years. Mr. Wees presented his graphs and figures again to the Counci'
Phil Wheeler Director of the Planning Dept. explained the fee
structure and how it relates to the percentages of use, etc.
Wishing to be heard was Frank Kottschade on behalf of the Rochester
Area Builders. He is opposed to the increase in fees also.
Wishing to be heard was Matt Mazzucchi of 4504 4th St. N. W.
He stated that logically staff has to be paid more, and more inspect(
are needed for the increases in buildings going up. It would seem
that everyone wants more and more and suddenly when it comes down
to the fees being increased, then no one wants to do it. He just
can't see that happening.
Having no one else present that wished to be heard, Discussion was
held by the Council,.McConnell moved, Canfield second to increase
the rates by 20% across the board and hire one inspector.
Alderman Solinger wanted this to be reviewed first, he stated
"You can't just pick out a number". After further discussion,
Solinger moved, Petersson second to table this for further
review and discussion. Upon Roll call vote, Aldermen Canfield,
McConnell, Petersson and Solinger voted aye. Ayes (4), Alderman
Hunziker and President Selby voted nay. Nays (2). Motion to table
was approved. This will be brought back to the October 21, 1991
Council meeting.
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Petersson moved, McConnell second to install stop signs at 2nd Ave. .W.
for N.bound traffic and loth St. N.W. for S bound. Ayes (6), Nays (0).
Motion carried. N( z �� ���e g
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting li`l - Ortnher' 7, 1991
Canfield moved, Petersson second to adopt the Ordinance as read.
Ayes (6), Nays (0).Motion carried.
Having no further business, Petersson moved, Hunziker second
to adjourn the meeting. Ayes (6), Nays (0).Motion carried.
City Clerk