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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'