HomeMy WebLinkAbout11-04-1991Agenda
Item
A-1
C-1
E-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 November 4, 1991
President Selby called the meeting to order at 2:00 P.M., the follow
ing members being present: President Selby, Aldermen Canfield,
Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None.
Canfield moved, Petersson second to approve the minutes of the Octobe
21, 1991 meeting with the fo-llowing corrections: Alderman Crawford
stated that on Item E-2 adding "Vending Machines" as well as over-
the-counter cigarette sales area. Alderman Crawford also wanted to
include in the minutes the reason for her objection of the amendment
"She went along with staff recommendation for $50.00 because it was
based on administrative costs of administering the new ordinance
for enforcement','.
Item E-1 Alderman Crawford stated she would like to see included in
the minutes comments made by Mark Chapdelaine of the Bureau of
Tourism in Rochester stated that in one case - the Mn. Operators of
Amusement Machinery hold conventions and they hold them throughout
the state. They have a scholarship raffle at that event and the
City cannot be certain that this scholarship would go to a Rochester
citizen and if that is the effect of the amendment, that could be
a limiting factor and he would encourage the Council to consider
an exception to the rule perhaps by .phrasing that those groups that
are not based in Rochester that have a raffle be allowed to use those
proceed; *throughout the state as opposed to perhaps phrasing it in
such a way that those groups based in Rochester that gamble use
those funds only in Rochester.
With the corrections listed above, vote was taken on the motion.
Ayes (7), Nays (0).Motion carried.
Solinger moved, Canfield second to approve the appointment by
President Selby of Paul Skovbroten to the Fire Civil Service
Commission. Ayes (7), Nays (0).Motion carried.
McConnell moved, Petersson second to abolish the request for Retentioi
of'representation services for Sales Tax Legislation and renegotiate
the contract terms with the firm of Larkin, Hoffman, Daly and
Lindgren to assist the City in seeking approval from legislature
of special legislation from the Mn. State Legislature. Alderman
Petersson stated that she thinks the amount of additional money
for "extra services" should have a specific amount stated that could
be spent. Alderman McConnell thinks this is just too much money
and "why is this being spent already in November"? It was explained
to his -by staff that preparation time is needed before the sessions
begin in Jan. Also Stevan Kvenvold, City Adm. stated that a fee of
$5,000. monthly retainer is a normal fee. The past total of $36,000.
was used for part of the services rendered to the City for work they
have to do immediately when legislature passes a law or moves it from
one committee to another then this firm has acted on behalf of the
City and saved the city millions in "Use tax" alone so staff feels
they are earning their money.
Alderman Canfield feels that this service has to be continued as
this firm can track the action in legislature that Rochester needs
on the sales tax happenings alone.
Alderman Crawford wanted to know who -approves the "extra" bills that
may come to the City for payment of,this firm if they go over the
1
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 4, 1991
Agenda
Item
E-1 suggested fee. Mr. Kvenvold stated that.he did in the past approve
the bills, but he sent memos to the Council for approval before he
made the payment.
Alderman Petersson wanted to know what the agreement said about
the payment process.
Mr. Kvevnold stated that it said they are to give us progress reports
(expenditure) and Mr. Kvenvold stated that he would make sure they
do this as they go ahead this year.
Mr. Kvenvold stated that the City had to move quickly.on some of the
services we needed in the state this past year. It would have taken
time to have a "special meeting" to congregate the Council.to approve
an action that needed to be had immediately, that is why it was
handled last year in this manner. - Last year the Use Tax was in
danger and needed attention almost immediately,
Having no more discussion by the Council. vote was taken on the
motion. Upon Roll call vote, Aldermen Canfield, Crawford, Hunziker,
Solinger and President Selby voted nay. Nays (5), Aldermen McConnell
and Petersson voted aye. Ayes (2), Motion did not carry. Solinger
moved, Petersson second to approve the contract with Larkin, Hoffman
Daly and Lindgren with up to $25,000. plus expenses as listed
and 1. submit monthly reports and billings.2. The Council approve
any expenses over $200.00 and 3. Any other expenses other than those
listed in the contract be approved by the Council.
yes (6), Nays (1). Alderman McConnell voted nay. Motion carried.
Resolution No. 537-91 was approved.
E-2 Petersson moved, Crawford second to adopt Resolution No. 538-91
supporting the Federal ruling that would allow local control and
regulatory authority over cable television systems and that said
Congress should enact HR 3566 to restore said local authority and
eliminate the barriers to competition and rectify other aspects of the
Cable Communications Act of 1984 that work to disfavor cable consumers
yes (7), Nays (0). Motion carried..
E-3 petersson moved, McConnell second to approve the following Resolutions
s adopted by the Public Utility Board:
esolution No. 539-91 approving a purchase order with ABB Power
& D Company, Inc. for outdoor power transformers (2) in an amount
f $994,214.00
esolution No. 540-91 approving a purchase order with Mitsubishi
lectric for circuit breakers in an amount of $297,740.00.
esolution No. 541-91 approvinga contract with Peoples Natural Gas
or large volume firm/interruptible gas sales contract for the State
f Mn.
yes (7), Nays (0).Motion carried.
IE-4 (This will be acted on after E-6.
E-5 Hunziker moved, Solinger second to table this item until the evening
session. More information on the happenings of the request for
On -Sale 3.2 beer at Ajouri's located in the former Northwest Food
Building. Ayes (7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 4, 1991
Agenda
Item
E-6 Solinger moved, Canfield second to approve the transfer of the On and
Off Sale Non -Intoxicating 3.2 beer for the East Side Inn - 826 4th
St. S. E. to Pamela Rose Lindahl contingent upon dept. approvals.
Ayes (7), Nays (0).Motion carried.
E-4 Canfield moved, Petersson second to approve the following licenses
and bonds:
Cigarettes - over the counter _ Pamela R. Lindahl of East Side Inn
826 4th St. S. E.
Master Plumbers - Joseph B. Hengel of Heldel Bothers Inc. LaCrosse Wis
Ayes (7), Nays (0).Motion carried.
E-7 McConnell moved, Petersson second to adopt Resolution No. 542-91
urging the State Legislature ta.Post-Pone the Presidential Election
to be held on April 7, 1992 for four years until State of Mn. funding
can be secured to finance this election. Ayes (7), Nays (0).Motion
carried.
E-8 Petersson moved, Carwford second to approve the Accounts Payable
(list on file with the City Clerk ) in the amount of $2,236,162.37.
Ayes (7), Nays (0).Motion carried.
E-9 Solinger moved, Canfield second to adopt Resolution No. 543-91
awarding the sale of the;1971 International Fire Truck to Argyle,
Mn. Volunteer Fire Dept. in the amount of $17,600.00. Ayes (7),
Nays (0).Motion carried.
E-10 Canfield moved, Hunziker second -to adopt Resolution No. 544-91
authorizing the mileage reimbursement rate to $.26 a mile effective
Jan. 1, 1992. 7 Ayes , Nays (0).Motion carried.
Y ( )
E-11 Crawford moved, Petersson second to adopt Resolution No. 545-91
establishing Senior Accounting Technician position to Management I
Family Grade II and authorizing the promotion of Cheryl Belter to
that position effective 1-1-91 at an annual salary of $36,997.00.
Ayes (7), Nays (0).Motion carried.
E-12 Petersson moved, Hunziker second to adopt Resolution No. 546-91
approving the purchase of the leasehold interest rights and immovable
fixtures from Adler's Sporting Goods for the construction of Stage
2A US Army Corps of Eng. flood control project at a price of $27,637.0
Ayes (7), Nays (0).Motion carried.
E-13 Petersson moved, Crawford second to table this awarding of the bids
for Demolition of Houses at.1017 and 1027 W.Center St. until the eve.
session. Ayes (7), Nays (0).Motion carried.
E-14 Petersson moved, McConnell second to adopt Resolution numbers 547-91
thru 560-91 setting a hearing for November 18, 1991 on the following
Reassessments:.
Project No. 8705 J 8996 - Ext. of San. Sewer and Watermain in 48th St.
N. W.: Tongen Avenue; 51st St. and West Front. Rd. TH 52 to serve
Tongen and Cavilima Sub. (three lots )
Agenda
Item
E-14
E-15
E-16
E-17
E-18
F-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
. CITY OF ROCHESTER, MINNESOTA 381
Regular Meeting No. 13 - November 4, 1991
Project No. 7703 I,II,III and IV J 8475 NW Watertower and Reservoir
(three lots)
Project No. 7301 and 7301A J 8476 - NW.Trunkline San. Sewer - three
lots
Project No. 6107-87 J 8952 - San. Sewer and Watermain and Service
Connections to serve Golden Hill - Hilmer's High View Acres and
Toogood Plaza - 18 lots are involved.
Project No. 6107-88 J 8993 - San. Sewer, Watermain and Service
Connections to serve Oak;Hills and Kleist's Replat - 29 lots -
Project No. 8101 J 8752 - Trunkline Sna. SXwer alg S. Ln Sec. 14 - an(
westline TH 63 plus Watermain crossing TH 62 - 29 lots.
Project No. 8006 J 8729 - Watertower and Trunkmains to serve the High
Level District in SW Rochester - 47 lots.
Ayes (7), Nays (0).Motion carried.
McConnell moved, Canfield second to adopt Resolution No. 561-91
awarding the low bid submitted by Nietz Electric for Traffic Signals
on 41st St. N. W. J 6363 in the amount of $197,450.0-0. Ayes (7),
Nays (0).Motion carried.Resolution No. 562-91 entering into a
contruction and maintenance agreement with the State of Mn. for this
signal was adopted.
Solinger moved, Crawford second to adopt Resolution No. 563-91
requesting the Commissioner of Transp. to approve a speed zone
at the Civic Center Dr. at 35 MPH from 16th Avenue N. W. to Broadway
(TH 63). Ayes (7), Nays (0).Motion carried.
Hunziker moved, Crawford second to adopt Resolution No. 564-91
amending the following of Sec. B No Parking Zones as follows:
82.5 - 3rd Ave. N. W. on the W side from 2nd St. N. WV to 120 Ft. N
3rd St. and on the E side from 3rd St. to a pt 100 feet more or less
S. of 3rd St.
108 - 4th Ave. N. W. on both sides of the N bound roadway from 3rd
St. to Civic Center Dr. and on the E side of the S bound roadway from
3rd St:to Civic Center Dr. and on both sides from Civic Center Dr.
to 5th St. -at all times.
113 - Civic Center Dr. on both sides of the east and westbound
roadways from TN 52 to W Silver Lake Dr. at all times.
Ayes (7), Nays (0).-.Motion carried.
Solinger moved, Crawford second to adopt Resolution No. 565-91
authorizing Bakke, Kopp, Ballou and McFarline Inc. for a Structural
Eng. condition survey on the 2nd St. Ramp inc. specific recommendations
and methods of repair of the columns. Ayes (.7), Nays (0).Motion
carried.
An Ordinance creating and enacting Chapter 76B of the Roch.Code of
Relating to the control of Footing and. Foundation Drains and
Artificial Seepage collection systems. This was.given its first
reading. Canfield moved, McConnell second to suspend the rules and
give this Ordinance a second reading. Upon Roll call vote, Aldermen
Canfield, Crawford, Hunziker, McConnell, Petersson, Solinger and
President Selby voted aye -Ayes (7), Nays (0),,the Ordinance was
33814 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 _ November 4, 1991
Agenda
Item
F-1
F-1
F-1
F-1
F-1
F-1
F-1
G-1
given its second reading. Solinger moved, Petersson second to.adopt
the Ordinance as read. Ayes (7); Nays (0). Motion carried.
An Ordinance Amending and Reenacting Sec. 28.04 of the RoQhester
Code of Ord: Relating to the Water Service Availability Fee was
given its first reading.
An Ordinance creating Sec. 104.001 of the RCO relating to the
licenses for circuses and other shows was given its second reading.
Hunziker moved, Solinger second to to adopt the Ordinance.as read.
Ayes (7), Nays (0).Motion carried.
An.Ordinance Amending Sec. 97.03- 97.04 and 97.13 creating
sec. 97.041 of the RCO Relating to the Regulation and Licensing of
Limousine Operations in the City was given its second reading.
McConnell moved, Petersson second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
An Ordinance Amending Sec. 53.05 of RCO relating to Contractors
and Master Installers'L.icenses was given its second reading.
Petersson moved, Canfield second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
An Ordinance Amending Sub. 1 of the Sec. 31.37 Sub. 1 of Sec.
31.40 of RCO Relating to Parkland Dedication requirements was given
its second reading. Canfield moved, Crawford second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
Solinger moved, Canfield second to adopt Resolution No. 566-91
approving an owner contract with North American Realty and Soma
Const. Inc. for San. Sewer and Watermain to serve Pinewood Manor PUD.
Ayes (7), Nays (0).Motion carried.
McConnell moved, Petersson second to remove the Application for Gen.
Dev. Plan of Diamond Ridge from the table. Ayes (7), Nays,(0).Motion
carried. After Council discussion, Solinger moved, Petersson second
to approve the General Development Plan of Diamond Ridge subject to
the following three conditions:
1. The phasing plan as:submitted should be reviewed by Park and Rec.
and the Public Services Dept. to determine if the phasing plan is
acceptable to them. Specifically the Park and Rec. Dept. should
determine at what phase in the dev. of this area will the park be
acquired and built to provide service to residents of this area.
Also, the Public Services Dept. should evaluate if the City is going
to rebuild 7th St. and in which.phase it should be planned.
2. the plan should be designed so a major north -south uninterrupted
through street should align directly with the future intersection of
Manorwoods Dr. with 7th St.. N. W. The revised proposal and the fall
back option proposed are not adequate in our opinion.
3. An Environmental Assessment worksheet should be required to be
done. the Council should instruct the developer to submit to the
process. Any approval of this Gen Dev. Plan should carry the
qualifications that it is conditional on a future finding of no
significant environmental impact after the EAW process.
Aves (7). Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
E-1
A-1
M.
1
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 4, 1991
Terry Adkins, Ci-ty Attorney clarified a question that was asked in
Item E-1 on notices of special meetings in cases of "Emergency"
and how many days a notice has to.be given. Mr. Adkins stated that
in the case of a declared "Emergency" the media should be given
notice via phone or some other quick method and that is all that
is required.
Having no further business Petersson moved, Solinger second to adjouri
the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried.
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.
A Hearing on t)e..:.Planned Unit Development (Final Plan) to be known
as Salem Sound Third. Having no one present that wished to be heard,
President Selby.closed the hearing. Solinger moved, Crawford second
to adopt Resolution.No. 567-91 approving the plan subject to the
following three 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 developer must work with the Fire Dept. to ensure that the
conditions listed in the letter dated Spet. 25, 1991 are met.
3. The Homeowner's Documents and restrictive convenants must be
submitted prior to recording of the final plat. These documents shoul
address the parking of recreational vehicles, open space and so on.
Ayes (7), Nays (0).Motion carried.
A Hearing on the Final Plat known as Salem Sound Third. Having no
one present that wished to. be heard, President Selby closed the
hearing. Hunziker moved, Crawford second to.adopt Resolution No.
568-91 with the following.conditions:
1. A cash dedication of $2,160. in lieu of a land dedication, must
be provided to satisfy the requirements of :the Parkland Dedication
Ordinance.
2. The 100 year flood elevation line must be shown on the final plat.
3. This plat should not be approved until after the Salem.Sound Third
PUD is approved.
Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed`vacation.of'a five foot utility easement
along the west side of Lot 8, Blk 3 Cimarron.14th Sub. Canfield
moved, Petersson second to table this until the November 18, 1991
meeting for further discussion and a legal description be furnished
to the City Attorney. Ayes.(7), Nays (0).Motion carried.
A Hearing on the 1992 Community Development Block Grant Program.
Wishing to be heard was Joy Fogarty of 180 Salem Point Rd. S. W.
and represented the Omnia Family Home.
3815
Agenda
Item
B-4
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 4, 1991
She is requesting $5,000. under the Public Service catagory and
$24,240 from the Barrier Removal request/Acquisition/Rehab section.
Also speaking on behalf of Omnia was Terry Eide, Chairperson.
The monies would be used to complete the rehab of two houses that
they purchased last year. Some of things such as exterior siding
did not get done last year because they ran out of funds. They have
18 children in their care and three will be joining them next week.
They do have a success story - last year - a person was with them for
4 years and graduated from high school and joined the armed forces.
She thanked the Council for some of the support for his success and
urged the Council to approve this funding request.
Alderman Canfield asked about the request for $5,000 out of the
Public Service portion. Ms. Fogarty stated that this was for super-
vision and other administrative costs to operate this home.
Wishing to be heard was Sister Marlys Jacks,Box 4900 Assisi Heights
Roch.Mn. and she brought with her Rev. Diane Harvey and Maggie
Brimijon of Rochester, Mn. They are representing Habitat for Humanity
They are requesting $27,000.00 and would like to use this toward
the construction of houses. They really need the houses. Every place
in Rochester that houses low-income residents are full and waiting.
The Thomas House is full and the demand is great. They urged the
Council to approve this request.
Wishing to be heard was James Hermanson, Executive Director of the
Thomas Group. He is requesting $13,500.00. Their. address is
2116 Campus Dr. S. E. They are involved in numerous rehabilitation
programs for various mentally ill people. By having these services
in various buildings and areas of town, it is difficult to coordinate
programs, etc. They are looking at buying another facility - such
as the Aldrich School building which is close to downtown and within
walking distance of various activities and shoppiâ–ºig places. They
need the money to help with the purchase of this facility.They are
presently in a house that has between 25 to 30 persons a day.
Wishing to be heard was Helena Solinger and is the Director of
We Can House. She is requesting $7,000. for construction of a
shower that is handicapped accessible and rehab of a bathroom also
handicapped accessible. Wishing to be heard on behalf of this
project was Mr. and Mrs. Richard Lewis of Rochester and has a son
who stayed at the We Can House. He progressed to the point where he
has his own apartment and can manage on his own. He need this
transition place in order to become able to manage on his own. Mr.
and Mrs. Lewis urge the Council to honor this request.
Wishing to be heard was Betty Beck of 131 35th St. S. E. and is
Di -rector of Channel One, Inc. The request is for $29,125 and she
informed the Council that they.are serving 5,000 individuals. By
dealing with this number, they have to stock the shelves 4 to 5 times
a day and this causes more people to act quickly and also bring in
supplies thru the line of people waiting to receive food. This money
would provide a larger area as well as safer method of stocking
the shelves.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 3817
Regular Meeting No. 13 - November 4, 1991
Agenda
Item
B-4 Wishing to be heard was Larry Erickson of the Ability Building Cente
1911 14th St. N. W. and is requesting the amount of $90,000.00.
He would like this to replace membrane on the roof..The roofer
did a poor job when this was done and since that time has gone out
of business.so they have no recourse to fix this. They really need
this money for that project.
Wishing to be heard was Gene Lond from the Private Industry Council
for S. E. Mn. and they are requesting $105,000. They are cooperating
with IBM in providing a non traditional jobs training serving the
Rochester area. This provides tuition for students from. low income
families. IBM is contributing $160,000.00 for training for the
center. They are trying to find space in Rochester. They found
space in the old bakery building and for the first year they need
help in purchasing this space. Funding they would like is for one
year at $21,000. The total over the years would have to be a
committment of $105,000.
Wishing to be heard was Kathleen Deedrick of 15th Avenue N. W. and
works for the Child Care Resource and Referral. They request
$75,000.00 and stated that the need for this service is the highest
it has ever been. They have 200 families on the waiting list.
By providing this service, it is putting workers back on the job
and providing day care helps keep them working. She urges the Council
to approve this funding.
Wishing to be heard was Dale Holten of 1306 7th St. N.W. and is with
SEMCIL. The request is for $12,000. But he stated that $10,000. is
more toward the actual figures they need for a barrier free
Rochester. This would be used to help churches, educational faciities,
parks, Mayo Civic Center. They do find other sources, but they
need this money.
Wishing to be heard was Joyce Skut of 1306 7th St. N. W. She is
with the Rochester Area Alliance for,the Mentally Ill. The request
is for $10,000.00. They handle a lot of their business on a volunte
basis and this would be used to hire an advocacy person to train and
coordinate the volunteers - thus making their job more efficient.
Wishing to be heard was Sarah Crimens of 903 West Center and is
with ARC of Olmsted County. The request is for $22,500. This is
to be used for continuing services to the adults with developmental
disability.
Wishing to be heard was Sandy Ramage of 29 llth St. N. E. She has
been involved with becoming a citizen advocate and she is one person
that -gets involved with the program at ARC. She works on a one to
one basis and stated that the need is great for helping these people.
She also stated that she would like to see another parking meter
at the Public Library for handicapped parking. She can never find
a place nearby and the need for people at ARC to be able to use the
Library is great. She urged the Council to approve the funding.
Agenda
Item
B-4
E-13
E=5
F-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 4. 1991
Wishing to be heard was Charles Lundquist of 539 North Broadway
and is speaking on behalf of ARC. He has been a recipient of this
group himself and stated that he has been given a "life" of independ-
ency and feels worthwile in the community. He urged Council support
of the funding.
Wishing to be heard was Kevin Voss of'325 1st Avenue S. W. lives
at Newbridge and is also in favor of the funding of ARC. He stated
that it is important to become a part of a community and this helps.
Wishing to be heard was Walter Staubach of 1465 Damon Ct. S. E. and
is Chairman of HRA. He urged the Council to approve the
request for $100.11-000.00.
Wishing to be heard was Molly Freeman of the Rochester Play Center
and requested funding in the amount of $6,000.00. This would be
used to purchase furniture and finish projects that have been left
go due to lack of money in the past year. They barely meet expenses
on a yearly basis and they really need this money.
Having no one else present that wished to speak, President Selby
closed the hearing.
The total amount of funding requested is *$124,500 for Public Servic
Requests and $629,115.00 for the Barrier Removal/Acquisitions/Rehab.
A total of $178,000. is the proposed funding that is available.
No action was taken as the Council will have the breakdown figures
at the November 18, 1991 meeting.
Canfield moved, Petersson second to defer the awarding of the
bids for Demolition of Houses at 1017 and 1027 West Center St.
J 2068 until the November 18, 1991 meeting. Ayes (7), Nays (0).
Motion carried.
The On -Sale Non -Intoxicating Malt Liquor License request by
Ajouri's located at 3918 18th Avenue N. W. was left on the table.
An Ordinance Rezoning certain property to PUD-R-104 property at
Salem Sound was given its first reading.
Having no further business Petersson moved, Solinger second to adjoui
the meeting. Ayes (7), Nays (0).Motion carried.
l
C-11y Clerk'