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HomeMy WebLinkAbout12-18-1991383Z RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 - December 18, 1991 Agenda Item A-1 President Pro-Tem Solinger called the meeting to order at 7:30 P.M., the following members being present: President Pro-Tem Solinger, Aldermen Canfield, Crawford, Hunziker, McConnell and Petersson. Absent: President Selby. McConnell moved, Canfield.second to approve the minutes of December 2, 1991 with a correction made by Alderman Crawford - She said that Alderman Petersson said " She was in favor of the design" not Alderman Solinger as stated in the minutes E-1 Dec. 2, 1991 third paragraph, second line. With this correction vote was taken. Ayes (6), Nays (0).Motion carried. B-1 A Hearing on the Final Plat of Glendale 2nd Sub. Wishing to be heard was Dave Morrill of McGhie and Betts, Inc. consultant in the plat. Mr. Morrill stated that the fees (cash ) dedication for the parkland is high and since this area is a quarry and should not be classed in the same catagory as Glendale I. Alderman Petersson stated that she agreed with Mr. Morrill and this should be looked at separately. Roy Sutherland, Park and Recreation Supt. also stated that this fee of $8,670. should be looked at again by the Co. Assessor. Gary Neumann, Assistant City Adm. stated that the plat is in front of the Council this evening to be adopted and to change this at this time would delay the plat from being adopted this year. Wishing to be heard was Robert Gill of 2577 Northridge Lane and he stated that he would like to see this plat adopted but stated that the approval could be subject to the amount to be paid for parkland dedication when the new amount could be arrived at. Alderman Canfield agreed that this could be adopted subject to the review of the Assessor. Denny Stotz, Park and Recreation Dept. stated that he agreed with Mr. Gill that this area is unique and that it should be looked at and possibly a new value determined. Having no one else present that wished to be heard, President Pro-Tem Solinger closed the hearing. Petersson moved, Canfield second to adopt Resolution No. 605-91 approving the plat with the option to bring this back if the amount is different as stated - $8,670. to satisfy the parkland dedication requirements. This will be reassessed and if the amount is lower, then the City will accept the lower amoun Ayes (6), Nays (0).Motion carried. B-2 A Hearing on the Final Plat to be known as Baihly Valley Sub. Having no one present that wished to be heard, President Pro-Tem Solinger closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 606-91 approving the plat with the following three conditions: 1. Prior to the construction of structures, accessibility_for fire vehicles shall be present and maintained. 2. Prior to construction of structures, water supplies shall be prese and available for fire fighting. 3. The Parkland Dedication requires of land dedication of .36 acres for this plat. This has been met Q % AhFa 4lZa91 dedication of 4.3 acres of land. Ayes (6), Nays (0). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 - December 18, 1991 Agenda Item B-3 A Heairng on the proposed project 9118-J 9211 - Curb and Gutter, Side- walk, Driveway approaches and Watermain in 1st Ave. N. E. and 1st St. N. E. Adjacent to Civic Square. Having no one present that wished to be heard, President Pro-Tem Solinger closed the hearing. Crawford moved, Petersson second to adopt Resolution No. 607-91 approving the project. Ayes (6), Nays (0).Motion carried. C-1 C-2 D-1 A Continued hearing on the.Proposed 1992 Budget. Crawford moved, Petersson second to adopt Resolution No. 608-91 and 609-91 adopting the 1992 Budget and 1992-1997 CIP and certify the,;1992 Property tax levy. After Council discussion, Alderman Jean McConnell stated that will be voting against this because he feels that cuts in areas could be made. He also is opposing the subsidy of the Mayo Civic Center. Alderman McConnel-1 thanked Mr. John Peterson for the interest that he demonstrated during these budget preparations. Mr. Stevan Kvenvold, City.Administrator received a letter of inquiry from Mr. Peterson and gave a brief history of the overall.procedure and stated that the reason the Council can't cut any further during the budget hearings is because the staff and department heads have done their job in preparing a good solid budget in the first place. Alderman Petersson stated that she is disappointed in Alderman McConnells negative approach to the budget. Alderman Canfield stated that he is satisfied with the budget and the way it was formulated. Mayor Hazama stated that when the State Auditor (former) and now Governor Arne Carlson came to the City he commended the City for the budget methods and the budget itself. Alderman McConnell stated that he is still worried and concerned abou the deficit funding of the Mayo Civic Center. Alderman Crawford stated that recently she was at a conference and found out that most cities she visited with run a deficit in the civic centers. Alderman Hunziker stated that the budget should perhaps reflect the monies brought in by the various groups to the City of Rochester which then in turn adds taxes , etc. to the City of Rochester. The budget only reflects on the actual spending and revenue. Vote was taken. Ayes (5), Nays (1). Alderman McConnell voted nay. Motion carried. Pe� er..sson rioved ,McConnell second to approve the appointment of Hwat Ming Lou to the position of Police Officer in the Rochester Police Dept. This is effective Jan. 6, 1992. Ayes (6), Nays (0). Motion carried. Canfield moved,Petersson second to approve the appointment of Elisa M. Umpierre to the position of Police Officer effective Jan. 6, 1992. Alderman Crawford stated that she was glad to see this appointment. Ayes (6), Nays (0).Motion Carried. Phil Wheeler, Director of the Consolidated Planning Dept. presented the City of Rochester a Flood Insurance Award. This award reflects the excellent efforts of the city in reducing flood losses and reducing the potential for flood damages within the City. Things considered in this award were future goals to further reduce flood damage would therefore reduce the liability of use of flood insurance. 383i 3834 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item D-1 E-T E-2 E-3 E-4 E-5 E-6 E-7 Adjourned Meetina No. 16 - December 18. 1991 Mr. Wheeler stated that because of our excellent record, we received 5% in reduction in our flood insurance premiums. President Pro-Tem Solinger was given credit for the many years that he worked on this project and was a member of the Flood Control Committee. He was a co -recipient of the award. Alderman Solinger also gave credit to former Council members Darrell Strain and Gordon Bluhm who served on the committee making this all happen. Alderman Solinger also stated that further reductions will. be happening nearing the completi of this project which is in 1994-199.5. McConnell moved, -Crawford second to approve an appropriation of $3,000. from the 1992 Contingency Account to the ':'Y.E.P. Summer Work Project. This is to fund the work that YEP,does in the City parks. Ayes (6), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 610-91 indicating the City of Rochester's opposition to a study of the feasibility of a pumped storage generation facility on Lake Pepin. Ayes (6), Nays (0).Motion carried. Crawford moved, Canfield second to approve the use of the Mayo Civic Center Theatre for the Martin Luther King Celebration free of charge on January 20, 1992. Ayes (6), Nays (0).Motion carried. Petersson moved, McConnell second to approve the street closings for the Rochesterfest based on the revised proposal from the City Celebration Board ( Diagram which is attached to the "Request for Council Action" dated Dec. 18, 1991.) Ayes (6), Nays (0).Motion carried. Petersson moved, Crawford second to inititate the vacation of a 10 foot utility easement located on the west side of Lot 25 and the east side of Lot 26 in Blk 2, Diamond Ridge 3rd Sub. This was refer to the Planning Dept. for review and comment. Ayes (6), Nays (0). Motion carried. Crawford moved, Canfield second .to adopt Resolution No. 611-91 supporting the application of TK Industries to the Initiative Fund. This is owned by Ken and Talli Hewlett and Scott and Lori Stevens and is located at 1118 7th St. N. W. Ken Hewlett, -President of the Corporation was present and stated that they manuf. beverage insulato and due to recent sales they have to add staff and that is why they need this assistance. Ayes (6), Nays (0).Motion carried. Petersson moved, Canfield second to adopt the following requests by the Public Utility Board: 1. Resolution to authorize a 5% increase in electric rates and .2. Resolution to authorize a 5% increase in water, rates effective Jan. 1, 1992. Discussion was held by the Council and speaking in opposition was Alderman McConnell who stated that the percentage is too high and since the beginning increases have been approved in the amount of 5% which was`on top of 4% which goes on top of 5% and those percentages mount up. He is also opposed to some of the "unnecessary" spending that SMMPA does. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3835 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 - December 18, 1991 Agenda Item E-7 Alderman Canfield stated that the 5% is an agreement that the City had with SMMPA to pay off bonds to build the plant. When this is paid, the rates will level off. Actually the City customers will eventually be paying less then cities not buying power from SMMPA. President Pro-Tem Solinger stated that he has objected to the rate increases but the alternative is if the rate increase is not approved, then our power will be in jeopardy. He went on to say that the City is committed to certain operations. Alderman Crawford is not happy with the increases either. President Pro-Tem Solinger stated that - again, the rates should be leveling off in 1993. Alderman Hunziker stated that he would have to agree with Alderman McConnell in opposing the increase. He stated that in his area, many people are on fixed incomes and they simply can't afford increase after increase. He believes that SMMPA is not enforcing efforts to .conserve power and again, his constituents can't afford the increase. Alderman Canfield asked if pressure were put on SMMPA to keep the cost down, then would the Council approve this increase. Wishing to be heard was Robert Pawelski, Manager of Public Utility. He stated that the increase was needed and that he would be happy to visit with SMMPA about the Councils' concerns. Rochester represents 42% of the SMMPA business. Having no further discussion, roll call vote.was taken. Aldermen Canfield, Petersson and President Pro-Tem Solinger voting aye. Ayes (3), Aldermen Crawford, Hunziker and McConnell voted nay. Nays.(3). Because of the tie vote, no action was taken on this at this meeting. E-8 Petersson moved, McConnell second to approve the following Licenses and Bonds: SIGNS - Scenic Sign Corp. Sauk Rapids, Mn. - MISC. ACTIVITIES - Multiple Sclerosis Soc. for a Walk-A-Thon-4-5-92 V.F.W. Post 1215 - Pearl Harbor 50th Anniv.Celebration - Dec. 7, 1991 Prior approval was given to this request by the Council members. NON-INTOX. MALT LIQ.- OFF SALE- Grocery Store - Broadway Oriental and Seafood- 12-18-91 - 3-31-92.This is located at 914 N. Broadway. GAMBLING - Rochester Art Center - Raffle at the Kahler;,Hdtel. 2-29-92 (Whole Earth Auction ). Ayes (6), Nays (0).Motion carried. E-9 McConnell moved, Canfield second to approve the issuance of -an On - Sale Intox. and Sunday Liquor license to Midwest Rest. Associates Inc. DBA Applebee's at 320 Apache Mall.Ayes (6), Nays (0).Motion carried. This was the former BJ Snaps. E-10 Petersson moved, McConnell second to approve the issuance of an On - Sale Intox. Liquor and Sunday License to Equity Hotel .Corporation Splash Lounge, Inc. DBA Baihly's Pub at 1517 16th St. S. W., Ayes (6), Nays (0).Motion carried. E-11 Crawford moved, Canfield second to approve the Accounts Payable in the amount of $1,762,478.19 - list on file with the City Clerk. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3836 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 - Dec. 18, 1991. Agenda Item Alderman Petersson left the meeting at 9:07 P.M. E-12 E-13 IE-14 IE-15 IE-16 E-17 E-18 McConnell moved, Hunziker second to adopt Resolution No. 612-91 closin completed improvement projects and trafnsferring unexpended balances pursuant to Mn. Statutes, Sec. 429.091, Subd. 4. The amount to be transferred is- Misc. and Series R $163,504.20 and Series S $192,669.6 for a total of $356,173.87. Ayes (5), Nays (0).Motion carried. unziker moved, Crawford second to adopt Resolution No. 613-91 nd 614-91 approving the Low Income Public Housing Application and he Application for Front End Funds ( program implementation ). yes (5), Nays (0).Motion carried. rawford moved, McConnell second to adopt Resolution No. 615-91 etting a hearing for Jan. 6, 1992 on the proposed vacation of 10' wide utility easement located alg the S. lot line of Lot 9, Blk Village on the Green Sub. Ayes (5), Nays*(0).Motion carried. Alderman Peterrson returned to the meeting - 9:12 P.M. McConnell moved, Canfield second to adopt Resolution No. 616-91 approving the General Development Plan for the Gerlach Property. This is subject to 1. The walkways would be privately maintained 2. The parkland regraded to City standards and 3. That approval of this :general development plan does not imply the approved use of a private interim water supply. Alderman Hunziker was concerned about the walkways - Mr. Phil Wheeler, Dir. of Planning and Zoning stated that the walkways would be maintained by the Homeowners Assoc. Having no further discussion vote was taken. Ayes (6), Nays (0). Motion carried. Canfield moved, Petersson second to adopt Resolution No. 617-91 approving the General Dev. Plan for a residential Dev. to be known as Golf View Estates subject to the three conditions as follows: 1. The Dev. should provide a drainage report and a stormwater management plan for this dev. to the City Eng. for approval. The comments from the Public Services Dept. noted in the memo dated 12-5-91 is incorporated into this plan. 2. An access to the Douglas Trail should be provided from this property across Outlot A. A bike path to the Douglas trail should also be constructed on the north side of this property adjacent to 55th St. N. W. 3. The applicant should consult with the DNR about providing some signage along 55th St. N. W. warning motorist of the upcoming trail. The increased traffic on 55th St. as a result of this dev. may warran such signage. Ayes (6), Nays (0).Motion carried. Canfield moved, Crawford second to approve the Preliminary Plat to be known as Lincolnshire Fifth Sub. Ayes (6), Nays (0).Motion carried. Crawford moved, McConnell second to adopt Resolution No. 618-91 authorizing execution of a lease agreement for the property at 817 6th St. S. E. Ayes (6), Nays (0).Motion carried. Agenda Item E-19 E-20 E-21 E-22 E-23 E-24 E-25' E-26 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3837 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 -December 18, 1991 Crawford moved, Petersson second to adopt Resolutions 619-91 thru 624-91 declaring the costs to be reassessed and ordering a hearing to be held on Feb. 3, 1992 on Gerald Zubay Property - plat 2790 Parcel 00400 for Projects J 8993 and 8729 and 8752 - (2685 Oak Hills Drive S. W. - Oak Hills Sub. ). Ayes (6), Nays (0).Motion carried. Canfield moved, Petersson second to adopt Resolution No. 625-91 approving the preliminary layout for the Improvement of TH 63 from TH 14 to Meadow Run Drive. S.P. 5509-53 (63-59). Ayes (6), Nays (0).Motion carried. McConnell moved, Crawford second to adopt Resolution No. 626-91 approving a contract with Rochester City Lines for 1992 contingent on agreement on the terms for reimbursement of vehicle repair, shop supplies and station expense. The max. not to exceed amt of the contract shall be $814,485.00. Ayes (6), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 627-91 amending the parking zones to read - add Para. 3.6 - on the north side of lst St. S. E. immediately --east of the alley; one stall for Handicapped parking. Ayes (6), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 628-91 approving the Parking Changes near the Folwell School as listed on the resolution. Ayes (6), Nays (0).Motion carried. Canfield moved, Crawford second to adopt Resolution No. 629-91 approving the adding of Para 83.1 to Sec. B No Parking Zones as follows: 3rd Ave. and 4th Ave. W. from 2nd St. N. W. to 4th St. S. W.; between the hours of 2 A.M. to 6 A.M. every day. Ayes (6), Nays (0).Motion carried. Canfield moved, Crawford second to adopt Resolution No. 630-91 authorizing the Mayor and City Clerk to sign a Labor Agreement betwee the City of Rochester and AFSCME - Local 319 with a 4% increase in both years 1992 and 1993. Ayes (6), Nays (0).Motion carried. Petersson moved, Hunziker second to approve the•Land Development Manual Fees and instruct the City Attorney to prepare a.Resolution #630A-91. Ayes (6), Nays (0).Motion carried., An Ordinance amending and Reenacting Sections 107.01-05 of the RCO and Repealing Sections 107.06-18 of the RCO Relating to the Operation of Lawful Gambling within the City of Rochester was given its first reading. Petersson moved, McConnell second to suspend the rules and give this a second reading. Upon Roll Call vote, Aldermen Canfield, Crawford, Hunziker, McConnell, and Petersson and President Pro-Tem Solinger voted aye. Ayes (6), Nays (0).Motion carried and the Ordinance was given A is second reading. Petersson moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. 33838 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 16 - December 18, 1991 Agenda Item F-1 F-1 F-1. F-1 G-1 An Ordinance Rezoning to R-IFF Mixed"Single Fam. Dwg Res. -FF located in a part of the NW 1/4 of Sec. 4 T106N R 14W - SE Cor of Circle Dr. - Historic Society Rd. and CO Club Road SW. was given its second reading. McConnell moved, Petersson second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance annexing approx. 21.63 acres of lands in NW 1/4 Sec. 4, T106N R14W - SE Cor. of Circle Dr. - Historic Society Rd. and Co. Club Rd. SW. was given its second reading. Petersson moved, Crawford second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Rezoning to B-4 Gen Bus. Dist. 2.28 acres in Sec. 12 T106N R14W - property alg the S side of Eastwood Rd. S.E. alg the E. side of Marion Rd. S. E. was given its second reading. Canfield moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Est. a new Zoning code for the City of Rochester entitled " Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota . The regulates the use and development of property , providing for the Adm. thereof and imposing penalties for violations; amending the RCO by Adding:Chapters 60-66 and Repealing Other Ordinances relating thereto. This was given a first reading on Dec. 2, 1991. Petersson moved, Canfield second to suspend the rules and give this a second reading. Upon Roll Call vote, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and President Pro-Tem Solinger voted aye. Ayes (6), Nays (0).Motion carried. The Ordinance was given its second reading. Petersson moved, Crawford second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. McConnell moved, Canfield second to remove the Licenses and Bonds from the table. Ayes (6), Nays (0).Motion carried. Hunziker moved, Petersson second to approve the Renewal of Gambling for the Elks Lodge - 917 15th Avenue S. E. from April 1, 1992- 1994. contingent on a letter of agreement Gary Solheim . Ayes (6), Nays (0).Motion carried. Hunziker moved, Petersson second to table the remaining requests for Gambling ( Premise ) until the Jan. 6, 1992 meeting. Ayes (6), Nays (0).Motion carried. Having no further business, Petersson moved, Canfield second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. �.IAMJl7'Vl, U' y C1 erk o