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HomeMy WebLinkAbout02-01-19934044, Agenda Item A-1 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA -Regular Meeting No 20 - February 1, 1993 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem. Absent:None. Petersson moved, Canfield second to approve the proposed Ordinance .which amends the Curfew Ordinance in place in the City of Rochester. The amendments deal primarily with the enforcement of the curfew as well as penalties. Discussion was held by the Council and Council - member Crawford wondered if all the questions raised were answered. Stevan Kvenvold, City Adm. stated that they had been answered. Wishing to be heard was Ray Schmitz, County Attorney. He stated that this amendment is just bringing the City up to date with the State Ordinance. He warned however that if the Council amends the inplace Ordinance the City keep in mind the enforcement of it. He urged the City to approve the ordinance as presented. Councilmember Canfield wondered if a program had been set up for the first time offenders such as shoplifting, etc. Possibly a group of parents to deal with first time offenders. This group would include shoplifting, property offenders and the like offenses. Volunteers could man this program. Councilmember Canfield feels that this is the method of handling first time offenders. Councilmember Hunziker asked the question of exactly where would you house these curfew offenders? Ray Schmitz, County Attorney stated that they are housed now in offices, lobbies, etc. He also mentioned to the Council that no funding has been set aside for this program by the County or additional officers considered. Hopefully a place at the campus will be made available when and if this is approved. Councilmember Crawford wondered if this would be brought back to be reviewed. Terry Adkins, City Attorney stated that it would be back for review on March 1, 1995. Councilmember Senjem stated that the 5 A.M. ending curfew should be changed to 4:00 A.M. This would allow for the early morning paper delivery people to be able to work and not get tagged by the police. Jim Miller, Assistant Chief of Police he has no problem with 5:00 A.M because the police get to know the paper delivery people and can tell who is working and who is not. Having no further questions, vote was taken. Ayes (7), Nays (0). Motion carried. The City Attorney was instructed to prepare an Ordinance on this amendment. 1 RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4U45 Regular Meeting No. 20 - February 1., 1993 Agenda Item E-2 Crawford moved, Petersson second to approve a public hearing to be held on February 17, 1993 on the Amended Final Statement - 1993 Community Development Block Grant Appropriations. Ayes (7), Nays (0). Motion carried. E-3 Senjem moved, Canfield second to adopt Resolution No. 53-93 approving the following dispositions of Flood Control Houses Stage 4."The houses are located at 418 7th Avenue S. E., 626 9th Ave. S. E. and 81 6th St. S.E. these are to be used by Habitat for Humanity and to provide $5,000. per home to Habitat for the removal of these. The homes must be removed by June 15. The second order is to advertise fo bids the sale and relocation of three homes at 621 loth Avenue, 625 loth Avenue S. E. and 508 9th Ave. S. E. The third would be to enter into an agreement with John Kruesel to provide auctioneering services for salvage for the remaining homes on Bear Creek which are needed to be removed and the Tropic Bowl. These are also involved in the Flood Control Stage 4. Public Services Dept. Right of Way Agent will advertise for -bids. Ayes (7), Nays (0).Motion carried. E-4 Petersson moved, Hunziker second to adopt Resolution No. 54-93 approving Amendment No. 1 to the consent order for the Oronoco Landfill. This will reduce the amount of money needed and information required in the feasibility study. Ayes (7), Nays (0).Motion carries E-5 Canfield moved, Petersson second to adopt Resolution No. 55-93 amending the Liquor Ordinance involving the Park Dept. Ayes (7), Nays (0).Motion carried. The City Attorney is instructed to prepare an Ordinance for adoption. Councilmember Canfield stated that the proof of Financial responsibility and Dram Shop insurance is a part .of. this motion. E-6 Petersson moved, Crawford second to adopt the following resolution as approved by the Public Utility Board : Resolution No. 55A-.93 cancelling the electric service agreement betweei the City of Rochester and People's Cooperative Power Association for electric service at the Rochester Municipal Airport and further to inform People's Cooperati+ve Power Association in writing prior to March 25, 1993 of such cancellation. Ayes (7), Nays (0).Motion carried. E-7 Petersson moved, Senjem second to adopt Resoltuion No. 56-93 approving the appraised value of permanent electric service rights to the Mayo Medical Waste Incinerator currently under construction allowing quick -take of said rights under Mn. St. Sec. 117.042. Ayes (7), Nays (0).Motion carried. E-8 Senjem moved, Petersson second to adopt Resolution No. 57-93 setting a public hearing for March 1, 1993 to consider an amendment to Sec. 5.03 of the Home Rule Charter to replace the reference to 2:00 P.M. meeting times with "at a time convenient to the Council" The City Clerk is directed to pub1ishsaid hearing. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4®46 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 1, 1993 Agenda Item E-9 Senjem moved, Petersson second to approve the following licenses & bonds: Auctioneer - Ronald Sheridan - Zumbrota, Mn. Temp.Beer Intoxicating - On Sale - St. Pius X Catholic Church 2-20-9: Cigarette - Over the Counter - Asian Food Store - 607 6thAve. N. W. Dance - Temp. - St. Pius X Catholic Church 2-20-93. Sidewalks - Cement - Holzer Mudjacking - Rochester, Mn. Signs - Scenic Sign Corp. - Sauk Rapids, Mn. 56379. Misc. - Multiple Sclerosis Society - Walk-A-Thon 4-3-93. Ayes 7), Nays (0).Motion carried. E-10 Senjem moved, Petersson second to approve the transfer of the On -Sale Sunday Intox. Liquor from Psomas Rest. Corp. to Lorraine Corporation DBA Aviary Restaurant. Ayes (7), Nays (0).Motion carried. E-11 Crawford moved, Petersson second to approve the Accounts Payable in -- the amount of $1,566,641.91 (filed with the City Clerk). Ayes (7), Nays (0).Motion carried. E-12 McConnell moved, Petersson second to adopt Resolution No. 58-93 closing completed improvement projects and transferring unexpended balances pursuant to Mn. St. Sec. 429.091 Subd. 4 for a total amount of $942,939.24. Ayes (7), Nays (0).Motion carried. JE-13 IThis item will be heard at the evening session. JE-14 IThis item will be heard at the evening session. JE-15 IThis item will be heard at the evening session. E-16 Crawford moved, Petersson second to adopt Resolution No. 59-93 settinc a hearing on March 1, 1993 for the proposed vacation of a 10 foot widE utility easement across Lot 2, Blk 1 of Rochester Assembly of God Sub. Ayes (7), Nays (0).Motion carried. E-17 Petersson moved, Crawford second to adopt Resolution No. 60-93 adding the following paragraphs to the No Parking Zones as follows: (305.1) - E River Rd. N.E. on the W side from 24th St. N.E. to the City Limits - at all times. (305.2) E River Rd. N.E. on the E side from Service Ct. N.W. to the City Limits -at all times. Ayes (7), Nays (0).Moti.on carried. E-18. (This item had been approved at the Jan. 20, 1993 meeting. No action was necessary at this meeting. E-19 Petersson moved, Canfield second to adopt Resolution No. 61-93 advertising for bids on Project 5901-92 J 2158 - Storm Sewer Replace- ment in 2nd St. S.E. from D.M. & E. RR Tracks to Civic Center Dr. at 3rd Ave. S.E. Bids to be opened at 11:00 A.M. on March 10, 1993. Ayes (7), Nays (0).Motion carried. RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 1, 1993 4047 1 Agenda Item E-20 Canfield moved, Crawford second to table the request for an extension of Project No. 9100-91 J 9175 - San. Sewer and Watermain to serve Pine Ridge Estates First.) Ayes (7), Nays (0).Motion carried. This will be tabled until March 15, 1993 meeting. F-1 An Ordinance Creating various sections of 85A .10-.20 of the Roch. Code of Ordinances Relating to.a curfew and minors within the City and Repealing Sec. 85.12. This was given its first reading. F-1 An Ordinance Amending and Reenacting Sub. 2. of Sec. 45.20 and Sub. 2 (a) of Sec. 125A.04, 125A.041 and 125A.07 of Roch.Code of Ord. Relating to the Dispensing or allowance of Intoxicating and Non - Intoxicating Liquor on Municipal Golf Courses and other Municipal Facilities was given its first reading. F-1 An Ordinance Amending Ord. 2853 Annexing to the City 1.58 Acres of Lands situated in the S 1/2 of the SE 1/4 of SEc. 22, Township 106 North Range 14 West, Olsmted Co. This was given its first reading, F-1 An Ordinance creating Sub. 7) of Sec. 63.226 amending Sec. 63.222, and 63.226 6); and Repealing Sec. 66.100 and 66.101 of the Regulation of Portable signs.in the City of Rochester, Mn. This was given its first reading. F-1 An Ordinance Establishing the Salaries for the Mayor, Councilmember at Large and Councilmembers and Repealing Ordinance 2791. This was - given its second reading. Canfield moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (1).Councilmember McConnell voted nay. Motion carried. F-1 An Ordinance Amending Sec. 14.00 of the Home Rule Charter of the City of Rochester pertaining to the length of Terms for Park Board Members, This was given its second reading. Petersson moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Repealing Sec. 66.200 of the RCO Relating to the Regul- ation of Outdoor Commercial Advertising Signs. This was given its second reading. McConnell moved, Crawford second to adopt the Ord- inance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Creating Sub. 7 of Sec. 63.226; Amend. Sec. 63.222 and 63.226 (6) and Repealing Sec. 66.100 and 101 of RCO Relating to the Regulation of Portable Signs in the City of Rochester. This was given its second reading. Petersson moved, Canfield second to adopt the Ordinance as read. Ayes (7.), Nays (0).Motion carried. Having no further business, Petersson moved, Crawford second to adjoui the meeting. Ayes (7), Nays (0).Motion carried. A-1 Crawford moved, Petersson second to approve the minutes of the January 20, 1993 Council meeting. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4048 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 1, 1993 Agenda Item A-1 B-1 B-2 B-3 B-4 President Selby called the meeting to order at 7:00 P.M., the following members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem. Absent: None. A Hearing on the proposed assessment on New Sidewalk 2-1992- J 9235. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to adopt Resolution No. 62-93 approving the assessment. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed assessment on Sidewalk Replacement Project No. 5-1992 J 9243. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Petersson second to adopt Resolution No. 63-93 accepting the assessment. Ayes (7), Nays (0).Motion carried. A Hearing on the City initiated Land Use Plan Amendment 92-5 adding a new Land Use Designation of Central Business District to the Land Use Plan for the Rochester Urban Service Area. Having no one presen- that wished to be heard, President Selby closed the hearing. A letter was received from Robert Thompson, Rochester, Mn. and he is opposed to this. They would like to have the Central Business District remain the same boundaries as before. Having no more comments, Canfield moved, Petersson second to adopt Resolution No. 64-93 amending the Future Land Use Plan Text and Map. Ayes (7), Nays (0).Motion carried. A Hearing on the City Council initiated Zoning Ordinance Text Amendment 92-6 to Section 60.322 Subsection 2 and 3 which define the Central Business District and Fringe Sub Areas of the Central Devel- opment Core. Having no one present that wished to be heard, Presides Selby closed the hearing. Petersson moved, McConnell second to instruct the City Attorney to prepare an Ordinance making this a par - of the Land Development Manual. This is supported by the Council for the following conditions: 1. There is a need for public need for the amendment. 2. The amendment will accomplish the goals of the purpose of this ordinance, Comp. Plan and/or other adopted plans of policies of the City. 3. Adoption of this amendment will be lawful. Ayes (7), Nays (0).Motion carried. A Hearing on the City Initiated Amendment 92-6 for the Gordy Yeager Wildlife Management Area. Wishing to be heard was Bill Johnson Administrator of the Dept. of Natural Resources. He supports this amendment and urged the Council to adopt this. Having no one else present that wished to be heard, President Selby closed the hearing. Councilmember Hunziker was concerned about the definition of "public facilities.' He was informed that 80 acres are Rochester Community College and 40 acres designate City park/school sites, etc. the remainder of the land would be used by the DNR. It is noted that where there may be a change in a future use, the Council will still have to approve said change. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 20 - February 1. 1993 40 49 Agenda Item B-5 I This land however,does not have to abide by local planning. Mayor Hazama stated that this is in an educational area and that this may be needed for a Research area and maybe serve as an anchor for an institute. Ayes (7), Nays (0).Motion carried. Resolution No. 65-93 was adopted, E-13 Hunziker moved, Canfield second to adopt Resolution No. 66-93 approving the extension of the incentive program buy-out to include deputy chiefs of the Rochester Police Dept. Ayes (5), Nays (2). Councilmember Senjem and McConnell voted nay. Motion carried. E-14 Petersson moved, Canfield second to adopt Resolution No. 67-93 approving the 1993-1994-1995 Labor Agreement IUOE # 49 with the Park and Recreation Dept. Ayes (7), Nays (0).Motion carried. E-15 Canfield moved, Petersson second to adopt Resolution No. 68-93 approving a Meet and Confer Agreement with the Police Captains for the years 1993-1994- and 1995. Ayes (6), Nays (1).Councilmember Senjem voted nay. Motion carried. Councilmember Senjem stated that he has reservations about this agreement. They are not part of a bargaining unit and wonders if the City can afford this. F-1 An Ordinance Amending Sub. 2 and 3 of 60.322 of the RCO relating to the description of the Central Business District and the Fringe Subareas of the Central Dev. Core. This was given its first reading. Having no further business, Petersson moved, Crawford second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk J