HomeMy WebLinkAbout03-01-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4056 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - March 1, 1993
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President Selby called the meeting to order at.2:00 P.M., the follow-
ing members being present: President Selby, Counclmembers Canfield,
Crawford, Hunziker, McConnell, Petersson and Senjem. Absent: None.
Senjem moved, Petersson second to approve the minutes of the
February 17, 1993 meeting with a correction on Item B-5 - Canfield
moved, Hunzker second to deny this request. Crawford moved,
Senjem second to table this until the next meeting. With this
correction the minutes were approved. Ayes (7), Nays (0).Motion
carried.
Crawford moved, Petersson second to approve the appointment by
Mayor Hazama of Michael Weigel of 2407 E River Rd. N.E. to
the -Zoning Board of Appeals. Term to expire September 1, 1995.
Ayes (7), Nays (0).Motion carried.
Petersson moved, Canfield second to approve the following appointment
to the Cable Advisory Committee by Mayor Hazama.
Thomas E. Doyle of 2204 17th Ave. N. W. Term expires 12-31-95.
Reappointed - Dave Shulman; Jerry Herman ; Jeffrey Leuders and
Mae Collins.Ayes (7), Nays (0).Motion carried.
Petersson moved, McConnell second to approve the appointment of
David M. Pearson to the position of Police Officer in the Rochester
Police Dept. effective March 16, 1993. Ayes (7), Nays (0).Motion
carried.
Crawford moved, Petersson second to approve the appointment of
David H. Dutton to the position of Police Officer in the Rochester
Police Dept. effective March 16, 1993. Ayes (7), Nays (0).Motion
carried.
Canfield moved, Petersson second to approve the appointment of
Michael P. Walsh to the position of Police Officer in the Rochester
Police Dept. effective March 16, 1993. Ayes (7), Nays (0).Motion
carried.
Petersson moved, Crawford second to approve the appointment of
Ronald J. Kissel Jr. to the position of Police Officer in the
Rochester Police Dept. effective March 16, 1993. Ayes (7), Nays (0).
Motion carried.
Petersson moved, Senjem second to adopt Resolution No. 88-93
supporting the establishment of a Federal Correctional facility at
Waseca, Minnesota. Ayes (7),Nays (0).Motion carried.
Hunziker moved, McConnell second to approve the Council to initiate
an amendment to the Land Use Plan reclassifying the east one-half
of block 46 and all of block 47 of the Original Plat from Commercial
to CBD. Ayes (7), Nays (0).Motion carried.
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Crawford moved, Petersson second to adopt Resolution No. 89-93
approving the low bid of $146,891.00 by Rem -Con from Coon Rapids
RECORD OF OFFICIAL PROCEEDINGS OF.THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - March 1, 1993 40 57
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And -Resolution No. 90-93 approving the low bid of Elcor Construction
from Rochester for construction of a new Watermain from the Airport
Service building to Co. Rd. 16 J 6928. Ayes (7), Nays (0).Motio6
carried.
Petersson. moved, Crawford second to adopt Resolution No. 91-93
authorizing the City Clerk to advertise for bids on Phase II
Remodeling of the Terminal Building for new office space, carpet bag
claim area and public address system J 6951. Bids to be opened
at 11:00 A.M. on March 30, 1993.
Resolution No. 92-93 authorizing the City Clerk to advertise for
bids on Replacement of the Air Conditioning cooling system in the
terminal building.-J 6948. Bids to be opened at 11:00 A.M. on
March 30, 1993.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Hunziker second to adopt Resolution No. 93-93
accepting the low proposal by Overhead Door Company of
Rochester for replacement of Overhead doors in the service building
and the installation of four operators with transmitters and minor
repairs to unchanged doors. J 6901. The cost is $22,381.00.
Ayes (7), Nays (0).Motion carried.
Crawford moved, McConnell second to adopt Resolution No.94=93
authorizing the Common Council to enter into State Aid Agreements
for 2/3 funding from the Mn/DOT for the following:
1. Phase I remodeling of the terminal building, refinish vaulted
ceiling and new lighting. Mn/ SP 5501-76A J 6951. State Aid Agmt.
$119,000.00.
2. New Watermain from the airport service building to Co. Rd. 16 -
Mn/ SP 5501-77 J 6928 in the amount of $150,000.00.
3. Replace.overhead doors and the installation of operators
with transmitters - Mn SP 5501-78 J 6901. The amount is $14,920.67.
Ayes (7). Nays (0).Motion carried.
Petersson moved, Canfield second to adopt Resolution No. 95-93
approving a resolution as adopted by the Rochester Public Utility
for Hathaway Tree Service for 1993 tree trimming services in an
amount not to exceed $100,000.00. Ayes (7), Nays (0).Motion carried
Hunziker moved, Senjem second to instruct the City Attorney to pre-
pare an Ordinance approving the amendments to RCO Sec. 34.03 & 34.04
of the Housing Code. Ayes (7), Nays (0).Motion carried.This is in
regard to the number of bathrooms in a dwelliing.
McConnell moved, Hunziker second to approve the change of ownership
in the Double Dragon Rest. from Pheng Sysombath to Bui Van Nguyen
for on -sale 3.2 beer and on -sale wine license. Ayes (7), Nays (0).
Motion carried.
Petersson moved, Hunziker second to approve the following licenses
and bonds:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
4058 Regular Meeting No. 22 - March 1. 1993
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;AUCTION ` - Robert Wiltshire - New Brighton Mn.
AUCTIONEER -Bonded Auctioneers, Inc. ( Rbt. Wiltgen _ Oriental
Carpet all7etcalf Moving and Storage - Roch.Mn.)
CIGARETTES -�_OVER THE COUNTER -Wal-Mart, Inc. Rochester, Mn.
DANCE- TEMPORARY -VFW Post 429 - 2-27-and 3-27-93 prior approval was
given.
GAMBLING - RAFFLE - American Cancer Society - Radisson Hotel 3-2-93
MASTER PLUMBER - Ronald Carlson Plumbing and Heating - Byron, Mn.
SIGNS - Hoigaard's Custom Canvas -Eden Prarie Mn.
Signart Company, Inc. Mendota Hgts. Mn.
HEATING CONTRACTOR - Ronald Carlson Plbg and Htg. Byron, Mn.
MASTER INSTALLER - Ronald Carlson of Byron, Mn.
MISC. ACTIVITIES -• American Legion Aux. Poppy Sales -5-7- & 8, 1993
GAMBLING - Bamber Valley PTA 3-27-93-Native Am. Center of SE Mn.
SOUND AMPLIFICATION PERMIT - Trinity Lutheran Church at Bear Cr.
OFF SALE LIQUOR - Andy's Crossroads Liquor, Inc. 6-27-93
Supervalu Holdings, Inc. DBA Bear Creek Liquor - P.J.G. Inc. DBA
Buckeye Liquor - Deluxe Liquor of "Northbrook Inc.
B & F Leasing, Inc. DBA Eastwood Liquor
Elton Hills Liquor Inc. DBA Lil' Reds Elton Hills Liquor
Shirley Keehn DBA Hillcrest Liquor
Joe's Liquor Inc.
MGM Wine and Spirits, Inc. DBA MGM Liquor Warehouse
Peter H. McHardy DBA Plaza Liquor
Sullivan's Downtown Liquor Inc.
Weber & Barlow Stores, Inc. DBA Vinyard Fine Wines and Spirits, Inc.
CLUB ON SALE LIQUOR - AFL-CIO Labor Club Bar - Wm T. McCoy Post
92 DBA American Legion - Rochester Elks Lodge 1091- Fraternal Order
of Eagles # 2228 - Columbus Bldg. Assoc. DBA Knights of Columbus. -
Loyal Order of Moose Lodge DBA Rochester Moose Lodge 2128 - Rochester
Golf and Country Club - Whitlock Sonnenberg VFW Post 1215 -
Robb-Wehrs VFW Post 429.
WINE LICENSES
Bilotti's DBA Bilotti's Italian Village - Honker Ent. DBA
Canadian Honker Rest. - Chardonnay, LTD - China Dynasty - Daube's
Bakery and Kinditorei - Denny's Inc. DBA Denny's Rest. 1368 -
Double Dragon Chinese Rest. - Westwynn Theatre Corp. DBA Galleria Six
Nghi B. Sam and Cau Dange DBA Great China - John C. Cokinos DBA John'
Family Rest. - Long Ho Vietnamese Rest. Inc. - R.W.C. Beier
Co. DBA The Ranch Family Rest. - Wong's Cafe A Partnership -
Twin Ports Parthenon Inc. DBA Zorbas Rest. These are all subject
to the conditions as listed on the Request for Council Action.
Ayes (7), Nays (0).Motion carried.
This was delayed until later.
Crawford moved, Petersson second to approve the Accounts Payable
- list on file with the City Clerk - in the amount of $714,472.37.
Ayes (7), Nays (0).Motion carried.
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Crawford moved, Petersson .second to adopt Resolution No. 96-93
authorizing the City Clerk to advertise for bids on furnishing and
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. - 22 - March 1, 1993 4059
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E-13 installing a mobile shelving system at the Law Enforcement Center.
Bids to be opened at 11:00 A.M. on March 26, 1993. Ayes (7),
Nays (0).-Motion carried.
E-14 Hunziker moved Petersson second to adopt Resolution No. 97-93
approving the City Policy on Section XXV Disciplinary Action.
Ayes (7), Nays (0).Motion carried.
E-15 McConnell moved, Crawford second to adopt Resolution No. 98-93
adopting a City Policy -Section XIX Sexual Harassment. Ayes (6),
Nays (1). Councilmember Senjem voted nay. Motion carried.
Councilmember Senjem is opposed because he believes that the
phrase "Repeated Sexual comments"should eliminate the word "repeated"
Fred Wagner, Employee Relations Director stated that in most
cases a person may make a comment and it is reported. The comment
may be made without any thought of offending the -listener. If a
comment is repeated and is offensive, then it could be in violation
of this policy.
E-16 Petersson moved, Senjem second to adopt Resolution No. 99-93
setting a hearing for April 5, 1993 on the proposed vacation of
the north 8 Ft. of the 9th St. S.W. ROW Adj. Lot 1, Blk 1, Williams
Healy and Cornforth's Addition. Ayes (7), Nays (0).Motion carried.
This is for only that portion encroaching in the area.
E-17 Petersson moved, Senjem second to adopt Resolution No. 100-93
setting a hearing to be heard on April 5, 1993 on the proposed vaca-
tion of a portion of the five foot wide utility easement located
alg the E. Lot line of Lot lk Blk 2, Cimarron 15. Ayes (7), Nays (0).
Motion carried.
E-18 Hunziker moved, Petersson second to adopt Resolution No. 101-93
approving the Eng. Services for East Silver Lake Dr. 7th St. N.E.
to 14th St. N. E. with Yaggy Colby, Inc. Project.9302 J 2237.
Ayes (7), Nays (0).Motion carried.
E-19 Crawford moved, Petersson second to adopt Resolution No. 102-93
approving a contract for engineering services for the prep.of plans
and specs for Proejct 6200-1-90 J 4873 - Repainting of the
Steel- girders on the E. Center St. Bridge. This is with Nova
Environmental. Ayes (7), Nays (0).Motion carried.
E-20 Canfield moved, Petersson second to adopt Resolution No. 103-93
allowing the City to pay its share of the bridge construction costs
presently estimated at $99,300 and authorizing the use of flood
control funds for this purpose. This is for the Replacement of TH 14
bridges over Zumbro River and Bear Creek. Ayes (7), Nays (0).Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - March 1, lggl
E-21 Petersson moved, Hunziker second to adopt Resolution No. 104-93
adding more short term parking near the Community Medical Center
on 4th Avenue S.W./ 400 block as listed on the resolution. Ayes
(7), Nays (0).Motion carried.
E-22 McConnell.moved ,Hunziker second to adopt Resolution No. 105-93
adding Para. (249.2) to Sec. B No Parking Zones as follows:
(249.2) Valleyhigh Dr. on the W. side from 7th St. N. W. to a
point 125 Ft. more.orless, N of 7th St. N.W. at all times.
Ayes (7), Nays (0).Motion carried.
E-23 Senjem moved, McConnell second to approve the issuance of the On -Sale
and Off -Sale 3.2 beer license to Edward F. Klotz for the 921 Club
located at 921 Civic Center Dr. pending dept. approvals. Ayes (7),
Nays (0).Motion carried.
E-24 Petersson moved, Senjem second to approve the request from Child
Care Resources and Referral for use ofthe skyway bridges to help
celebrate the week of the young child. They will agree to clean the
windows when the display is removed. This would run from April 19
to 23rd, 1993. Ayes (7), Nays (0).Motion carried.
E-25 Crawford moved, Senjem second to approve the awarding of the followin
bids for Flood Control Stage 4 Home Relocation bids:
Award bid for 508 9th Avenue S. E. to Bruce Lamoyne for $1.00 subject
to his entering into the Residential Structure Removal Agreement.
Award bid for 621 and 625 loth Avenue S.E. to Larry Nielson for City
payment to him of $5,000. subject to his entering into the Residentia
Structure Removal Agreement.
Ayes (7), Nays (0).Motion carried.
E-11 Request for a 3.2 beer license for the Rochester Aces Baseball
Team was again considered by the Council. Canfield moved approval
of this license. This died for a lack of a second. Discussion was
held by the Council.
Councilmember McConnell stated that he does not like to break the
covenant with Mayo Brothers which restricted this area from liquor
sales.
Councilmember Petersson stated that she had many constituents call
her in opposition and therefore she will vote with the people in
her ward. She will oppose this.
Councilmember Canfield stated that he could not justify that beer
can be served in the Mayo Civic Center, etc. and not in a baseball
park where beer is symbolic with baseball and hot dogs, etc.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA �d61
Regular Meeting No. 22 - March 1, 199.1
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E-11 Councilmember Canfield stated that part of the Mayo Civic Center
(Taylor Arena ) stands on land donated for a park and at the time
of dedication.smoking was allowed in the auditorium and now that is
banned. Times change.
Councilmember McConnell and Crawford believe that baseball should
be the activity that draws a crowd on its own and not because you
sell or not sell beer.
Wishing to be heard was Doug Stewart, Aces General Manager. He stated
that revenue was figured with beer sales. The tickets may be $4.00.
per game but without the beer sales they could go as high as $8.00.
He feared that $8.00 may be more then the average family could afford,
Mr. Stewart stated that he would have a non -drinking section for thos(
people who just want to watch baseball and not be subjected to those
people..whb are drinking beer.
Councilmember Canfield also stated that with the increase in ticket
price many families may not be able to afford a nice family outing.
Councilmember McConnell stated that he knows of lots of families
who do not go to the professional games because of drinking.
Mr. Stewart stated that is why they have to two sections, hopefully
everyone will be happy.
Councilmember Senjem stated that he came to this meeting prepared to
vote against this, but during testimony he changed his mind. We all
want baseball, yet we all want to preserve the legacy of the Mayos.
He stated that he believes that the Mayo family would want what was
best for the City as that is the type of people the Mayo Brothers
were and baseball brings families together, neighborhoods, etc.
and he thinks that the Mayo Brothers would approve of that. He will
vote in favor of this.
Having no further discussion, Senjem moved to approve this request
and it was.second by Canfield.
Councilmember Hunziker stated that as much as he has reservations
bout this he did not get much feedback from his ward and also does
elieve that if the current Council could visit with the Mayo
rothers this would be different so he will support this.
Councilmember Petersson stated that she will vote with the people in
er ward and oppose this even though she agrees with Councilmember
unziker.
ouncilmember Crawford stated that she is both for and against this
ut will vote "no".
ouncilmember McConnell stated that he is opposed as a will or trust
Should stand forever.
upon Roll call vote, Councilmembers Canfield,Hunziker,Senjem and Pres
3elby voted aye.Ayes (4), Councilmembers Crawford,McConnell &.Peterssoi
ted -..A
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- - CITY OF ROCHESTER, MINNESOTA
.4062 Regular Meeting No. 22 - March 1, 1993
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nay. Nays (3). Motion carried'. The City Attorney will draw up an
Ordinance for adoption.
Petersson moved, Senjem second to adopt Resolution No. 106-93
appointing election judges for 1993 and approving the polling places
and the salaries for the entire year 1993. Ayes (7), Nays (0).Motion
carried.
An Ordinance Amending Subsections 2 and 3 of Sec 60.322 of the RCO
relating to the description of the Central Business District and the
Fringe Subareas of the Central Development Core was given its second
reading. McConnell moved, Senjem second to adopt the Ordinance as
read. Ayes (7), Nays (0).Motion carried.
An Ordinance Creating Sec 85A.10-.20 of RCO Relating to a Curfew
for Minors within the City and Repealing Sec. 85.12 was given its
second reading. Petersson moved, Crawford second to approve the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
An Ordinance Annexing approximately 1.58 acres of land situated in
portions ofthe S 1/2 of the SE 1/4 of Sec. 22, T 106N R 14W, Olmsted
County Minnesota was given its second reading. Crawford moved,
McConnell second to adopt.the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
An Ordinance Amending and Reenacting Sub. 2 of Sec. 45.20 Sub. 2 (a)
of Sec. 125A.04, Sec. 125A.041, and Sec. 125A.07 of RCO Relating
to the Dispensing or Allowance of Intoxicating and Non-Intox. Liquor
on Municipal Golf Courses and Other Municipal Facilities. This was
given its second reading . Canfield moved, Senjem second to adopt
the Ordinance as read. Ayes (7), Nays (0).Motion carried.
Having no further business, Canfield moved, Crawford second to adjourr
the meeting until 7:00 P.M. Ayes (7), Nays (0).Motion carried.
President Selby called the meeting to order at 7:00 P.M., the follow-
ing members being present: President Selby, Councilmembers Canfield,
Crawford, Hunziker, McConnell, Petersson and Senjem. Absent: None.
A Hearing on the Amendment to Sec. 5.03 of the Rochester Home Rule
Charter regarding Council meeting times. This would remove the
reference to 2:00 P.M. to "at a time convenient to the Council."
This will be approved after the publishing of the Ordinance and will
be effective 90 days after the publishing date. Having no one
present that wished to be heard, President Selby closed the hearing.
Senjem moved, Petersson second to instruct the City Attorney to
prepare an Ordinance for approval. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4063
Regular Meeting No. 22 - March 1, 1993
Agenda
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B-2 A Hearing on the Proposed vacation of a 10 foot wide utility
easement across Lot 2, Blk 1 of Rochester Assembly of God Sub.
Wishing to be heard was Harlan Broberg of 4412 Valley Court N. W.
and is on the Board of Trustees for the Assembly of God Church.
He urged the Council to approve this. This was originally planned
to have a high rise put on the property, but since that time they
decided not to build a high rise and now they would like to expand
the present church. Having no one else present that wished to be
heard, President Selby closed the hearing. McConnell moved,
Petersson second to adopt Resolution No. 107-93 approving the
vacation. Ayes (7), Nays (0).Motion carried.
B-3 A Hearing on the Zone Change by Rochester Assembly of God Church
to remove the PUD R-62 designation and rezone the property back to
the R-1 ( Mixed Low Density Res.) District. Wishing to be heard
was Harlan Broberg of 4412 Valley Court N. W. representing the
Assembly of God Church. He stated that they wish to have this
changed for the same reasons as listed in B-2.He urged the Council
to approve this change. Having no one else present that wished to
be heard, President Selby closed the hearing. Crawford moved,
Petersson second to instruct the City Attorney to prepare an Ordinan,
making the change based on the following criteria:
Whether permitted uses allowed within the proposed zoning district
will be appropriate -on the subject property and compatible with
adjacent properties and the neighborhood. She believes this to be
the case. Ayes (7), Nays (0).Motion carried.
B-4 A Hearing on the proposed project 6202-3-92 J 9191 - Reconstruction
of 2nd St. S.W. from Broadway to 2nd Avenue S. W. and Grind and
Resurface 2nd St. S.W. from 2nd Ave. S. W.to 5th Avenue S. W.
Having no one present that wished to be heard, President Selby
closed the hearing. Hunziker moved, Canfield second to adopt
Resolution No. 108-93 approving the project. Ayes (7), Nays (0).
Motion carried.
B-5 A Hearing on the Final Plat of Foxcroft West Subdivision.
Wishing to be heard was'Dave Morrill of McGhie and -Betts, Inc.
of 1548 Third Avenue S.E. He urged the Council to approve this
plat and stated that all the conditions have been met. Having no
one else present that wished to be heard, President Selby closed
the hearing. Canfield moved, Petersson second to adopt Resolution
No. 109-93 approving the plat subject to the following two condition',
1. Parkland dedication requirements be met by a cash dedication of
$3,640. in lieu of land. This dedication willbe deducted' from the
applicant's credit balance.
2. Prior to the construction of structures, accessibility for fire
vehicles shall be present and maintained and water supplies shall be
present and available for fire fighting.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4064 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 22 - March 1, 1993
Agenda
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F-1 An Ordinance Amending Sec. 5.03 of the Home Rule Charter pertaining
to the scheduling of meetings by the Common Council from reference
to 2:00 P.M. until "a time convenient to the Council". This was
given its first reading.
F-1 An Ordinance Rezoning certain property to R-1 containing 10.4 acres
in Lots 1 and 2 Blk 1 Rochester Assembly of God Sub. ( This is
for the Rochester Assembly of God Church). was given its first
reading.
Having no further business, Petersson moved,Senjem second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
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City Clerk
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