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Home My WebLink About04-19-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4078 Adjourned Meeting No. 26 - April 19, 1993 Agenda Item A-1 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. B-1 A Hearing::on the proposed assessment Project 6204-2-91 J 9168. Street Reconstruction on 4th St. S. E. from 1st Ave. S. E. to 3rd Avenue S. E. and on 3rd Ave. S.E. from 4th St. S.E. to 400 Ft. So. Wishing to be heard was Jerry Patton of 410 3rd Avenue S.E. He was opposed to this assessment. The project was of no benefit to his It disturbed his business and now his assessment property. is $7,665.45 for the three parcels. He objects to the assessment. He also sent in a letter of opposition which is on file with the City Clerk. Councilmember Crawford asked for clarification on the comments that the project was "held up". Mr. Roger Plumb, Public Services Director stated that he was not sure about this because the person who was on the project was not present at this meeting. But, Mr. Plumb did state that the pavement was in poor shape and repair was needed regardless what other project was involved. Mr. Plumb did state that it was probably because the County steamline had to i first. President Selby asked if the higher cost of the be laid Y assessment was because the road was kept open for the entire project. Mr. Plumb stated that it was more costly for that reason. He did state also that the businesses wanted the road open during construct- ion. Wishing to be heard was Larry Anderson of 210 4th Street S.E. - owner of the Submarine Sandwiches. He stated that his assessment is $12,234.07. He lost a lot of business during this time and now the City is going to assess him for his "loss". Mr. Anderson also submitted a letter in protest which is on file with the City Clerk. Mr. Anderson stated that some cities have a program to help small businesses during assessment projects and he would like to have the City of Rochester investigate this possibility. President Selby asked Mr. Anderson if he leased the building. He stated that he has a lease. Councilmember Canfield stated that he can sympathize with Mr. Anderson and he had it happen to himself too and no one paid him for these losses. Councilmember Canfield stated that the Council does its best to accomodate everyone during construction. Councilmember McConnell stated that the driving force was the Government Center, however improvements had to be done on 4th St. anyway as it was about shot and overlay was not the answer. Councilmember Hunziker stated that for anyone in the audience's information the 4th Street Bridge will be torn up thi§;iyear:, He asked Mr. Plumb when the 3rd Ave. bridge will be open. Mr. Plumb stated June or July. Councilmember Hunziker wanted to give fair warning to the people that this was coming too. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 — April 19, 1993 4079 Agenda Item B-1 Wishing to be heard was Dr. He agreed with Mr. Anderson maintain a business and it Charles Schlotthauer of 414 3rd Ave. S.E. and Mr. Patton. It was difficult to is an unfair assessment. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Hunziker second to adopt Resolution No. 170-93 approving the assessment. Councilmember Petersson asked that the program for helping businesses that other cities have should be looked into. Mr. Roger Plumb stated to Councilmember Senjem's comments that the City of Rochester has been following the City policies concerning assessments and it is as fair as you can be. Mr. Plumb stated that unfortunately no one wants to pay the bills. Vote was taken at this time. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed Assessment on New Sidewalk Proejct No 1- 1991 J 9186. Having no one present that wished to be heard; Presiden Selby closed the hearing. McConnell moved, Petersson second to adopt Resolution No. 171-93 approving the assessment. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed Assessment on Sidewalk -Replacement Project No. 4-1991 J 9189. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to adopt Resolution No. 172-93 approving the project. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the City Initiated Land Use Plan Amendment 93-1 from Commercial to Central Business Dist.on the E 112 of Blk 46 and all of Block 47 of the Original Plat. Wishing to be heard was Gary Hayden of 5420 31st Avenue S. W. and is in favor of this change. He also talked with other involved property owners and they are in favor of this also. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Crawford second to adopt Resolution No. 173-92 approving the request. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Floodway Flood Fringe Zone Change 93-2 on property at 444 12th St. S. W. ( Former U.S.Auto and Marine). Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing the applicant. He urged the Council to approve this change and stated t FEMA and DNR would have to approve this also. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Crawford second to adopt Resolution No. 174-93 approving the request. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Land Subdivision Permit 93-4- Type III, Phase II Application Preliminary Plat for Foxcroft West Second Subdivision. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Senjem second to adopt. the Facts of Findings as _ abasis for approval. Ayes (7); Nays (0). Motion carried: _ - RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4O$O CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - April 19, 1993 Agenda Item C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 The Consent Agenda covers the following C Items. These were approved by the Council upon motion by Hunziker, second by Petersson. The following items were approved. Approval of the Minutes of the April 5 and April 7-Council meetings. Accept the CDBG funding award of $565,000 from the Dept. of Housing and Urban Development and approve the grant agreement. Approve the following licenses and bonds: Chickens - Linda Ganske - 816 14th Ave. N.E. Gambling - Eagles Aerie 2228 Auxiliary - Premise Permit Renewal - Oronoco Firefighters Relief Assoc. - Off Site Gam. - Pull Tabs 6-5-93 Mayo Civic Center. Misc. Activities —American Heart Assoc. lst Annual American Heart Walk and Roll - 6-5-93 - Accounts Payable in the amount of $717,956.79 ( list on file with the City Clerk.) Adopt Resolution No. 175-93 closing the tax increment projects and transferring unexpended balances in the amount of $252,574.23. Adopt Resolution No. 176-93 approving the family leave of absence for Barbara Combs, Records Supervisor from May 24, 1993 to August 13, 1993. Adopt Resoution No. 177-93 authorizing the Director of Public Services to make application for the license to cross protected waters ( Silver Creek with Sanitary Sewer and Watermain West of llth Avenue N. E. ) - This will be included in the Bridge Deck Replacement Project 6311-1-93 J 2291. Adopt Resolution No. 178-93 requesting the Commissioner of Trans- portation to conduct a speed zone study on 19th St. N. W. from Valleyhigh Drive to future C.S.A.H. 22 ( Circle Drive ). Adopt Resolution No. 179-93 and 180-93 authorizing the City Clerk to advertise for bids on Project No. 6303-1-93 J 9214 and Project No. 6303-1-93 J 9172 - Street Reconstruction, Widening and Re- surfacing on East River Road from 24th St. to North City Limits and on 24th Street from East River Road to TH No. 63. Bids to be opened on June 2, 1993 at 11:00 A.M. Adopt Resolution No. 181793- authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 14, 1993 on Handicap Accessible Ramp Construction No. 1-1993 J 9272. Adopt Resolution No.182-93 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 14, 1993 on Handicap Accessible Ramp Construction Project No. 2-1993 J 9273. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - April 19, 1993 4081 Agenda Item C-12 Adopt Resolution No. 183-93 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 14, 1993 on Handicap Accessible Ramp Construction No. 3-1993 J 9274. Ayes (7), Nays (0).Motion carried. E-1 Hunziker moved, Canfield second to approve the transferring of $18,100 from 301-2980 ( Plummer House Roof Repair ) to 301-2914 ( Mayo Field Renovation) . Councilmember Senjem stated that he is not in favor of this because $18,100. is to much money for a water head. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. E-2 McConnell moved, Hunziker second to adopt Resolution No. 184-93 approving of the fire protection agreements with Cascade, Rochester, and Haverhill Townships. Ayes (7), Nays (0).Motion carried. Marion Township has not yet signed. E-3 Petersson moved, Canfield second to adopt Resolution No. 185-93 approving the use of the skyways for an indoor golf tournament on June 20, 1993 between the hours of 8 A.M. and 4 P.M. subject to the following conditions: 1. Consent of the abutting properties 2. That the course is taken down immediately after the event and that the skyways are left in their pre-trounament condition and that a Hold Harmless Clause is added Ayes (7), Nays (0).Motion Carried. E-4 Petersson moved, Hunziker second to adopt Resolution No. 186-93 approving the additional design services for new Parking Ramp with Leonard Parker for 1. Design of one additional level to the parking ramp at a fee of $34,950.00 2. The design of a direct connections to the Civic Center Theater adding the word "alternatives" at a fee of $8,500.00. Ayes (7), Nays (0).Motion carried. E-5 Crawford moved, McConnell second to adopt Resolution No. 187-93 authorizing the City Clerk to advertise for bids on Phase III Paving N.W. Leg Main Parallel Taxiway. Bids to be opened at 11:00 A.M. on May 25, 1993. Ayes (7), Nays (0).Motion Carried. E-6 Petersson moved, Senjem second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 188-93 approving a contract with Sahara Coal Company to assign the Coal Supple Agmt. dated May 8, 1990 and Contract Amendment No. 1 datec June 28, 1991 to Avoca Bement Corporation. Resolution No. -189-93 approving the week of May 2-8 as Drinking Water Week in Rochester. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4082 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 April 19, 1993 Agenda Item E-7 E-8 E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 Canfield moved, Petersson second to instruct the City Attorney to draft an Ordinance allowing for dual ownership of licenses and premises under certain conditions - This is for Wine licenses both on and off -sale. The fee would be set at $72.00. Ayes (7), Nays (0) Motion carried. Petersson moved, Senjem second to instruct the City Attorney to prepare an Ordinance amending RCO 125A.041 Sub. 1 -3 to allow for the dispensing of liquor in facilities under a management agreement on behalf of another governmental entity. This refers to liquor and bees in buildings under management by the City - defined as sports, convention or cultural facilities. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to table the request for the issuance of an off -sale intoxicating liquor -license to Chardonnay Ltd at 723 Second St. S.W. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to approve the issuance of a Temp. On -Sale Intox. Liquor License to the Knights of Columbus for the period of May 14 thru 16, 1993 at St. John 's Facility. Ayes (7), Nays (0).Motion carried. Crawford moved, Senjem second to approve the moving permits for three homes for Habitat for Humanity for May 10, 1993 - They are at 418 7th Avenue S. E. plus garage - 817 6th St. S.E. plus garage, 626 9th Avenue S. E. - home only. Ayes (7), Nays (0).Motion carried. Petersson moved McConnell second to issue an On -Sale Wine and On -Sale 3.2 beer to Suwanna Truong, Rose of China, 301 17th Avenue S.W. Rochester, Mn. Ayes (7), Nays (0).Motion carried. Senjem moved, Petersson second to approve the transfer of On -Sale Intox. Liquor and Sunday License from J and R Lodging to Minottis " A Taste of Italy" Rochester at the Ramada Inn , 1620 S. Broadway. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to approve the issuance of an On - Sale Wine License to Little China, Inc. at 1123 Civic Center Dr. N.W. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 191-93 approving the transfer of the Contingency Funds as outlined in the Resolution. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 192-93 awarding the low bid of $63,678. to Rufferidge-Johnson Equipment Co. for a Street Flusher for the Street and Alley Division of Public Services. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 193-93 awarding the low bid of Interstate Motor Trucks for the International 4900 Chassis, Vac -All and optional transmission in the amount of $90,450.00 with sales tax. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - April 19, 1993 4083 1 Agenda Item E-18 Crawford moved, Hunziker second to authorize the position of Utility Maintenance Assistant in the Park and Recreation Dept. for Eugene Ferson. Ayes (7), Nays (0).Motion carried. #190-93 resolutio E-19 Hunziker moved, Canfield second to adopt Resolution No. 194-93 authorizing the Chairperson of the Personnel Adv. Committee and President of the Common Council to determine and implement a wage increase for the incumbent City Adm. based on a performance evaluatioi Ayes (6), Nays (1). McConnell voting against because he feels that this should be discussed at an open meeting. Councilmember Senjem feels that this should be discussed at a closed meeting, but brought before the entire Council at a meeting to set the amount. Council- emmber, and Chairperson of the PAC stated that some areas of this would be protected by Data Privacy Act and he thinks this is a good procedure. E-20 Crawford moved, Petersson second to adopt Resolution No. 195-93 setting a hearing for May 17, 1993 at 7:00 P.M. on the proposed vacation of an Alley ROW on a portion of the N-S Alley between 2nd and 3rd St. N.W. and 4th and 5th Ave. N.W. Ayes (7), Nays (0).Motion carried. E-21 Petersson moved, Crawford second to instruct the City Attorney to prepare an Ordinance for Annexing 16.09 acres of vacant land located on the north side of 7th St. N.W. and on the west side of 46th Avenue N. W. directly west of the west end of Valley Dr. and 8th St. N. W. Ayes (7), Nays (0).Motion carried. This is including all the recommendations as brought forth by the Planning Dept. E-22 Petersson moved, Canfield second to table the request for a Sale/ Purchase Agreement of Lot 7, Elton Hills Business Park: This was tabled for more information on soil correction and development of the property. Ayes:(7), Nays (0).Motion carried. E-23 Crawford moved, Senjem second to adopt Resolution No. 196-97 authoriz execution of a lease agreement for property located at 712 9th Avenue S.E. This is for $500.00 per month plus utilities. Ayes (7), Nays (0).Motion carried. E-24 Crawford moved, Petersson second to adopt Resolution No. 197--93 designating the Extension of MSAS 122 19th St. N. W. from Valleyhigh Dr. to West Circle Dr. as Municipal State Aid.Street'subject to the approval of the Commissioner of Transp. Ayes (7), Nays (0).Motion Carried. E-25 Canfield moved, Senjem second to adopt Resolution No. 198-93 removing Parking Restriction on 14th Ave. S.W. Mon. thru Fri. between the hours of 9 A.M. to 10 A.M. Ayes (7), Nays (0).Motion Carried. ng E-26 Peterson moved, Crawford second to adopt Resolution No. 199-93 setting a hearing for May 17, 1993 on Project 6502-93 J 9281 - Basic Const. in 19th Ave. N.W. from the N. Ln Stevens Crt. Sub. to the N. Ln Lots 7 and 18, Allendale Sub. Ayes (7),Nays (0).Motion carried RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - - CITY OF ROCHESTER, MINNESOTA .4 0 8 4 - Adjourned Meeting No. 26 - April 19, 1993 Agenda Item E-27 F-1 F-1 F-1 F-1 F-1 Senjem moved, Canfield second to adopt Resolution No. 200-93 directin the Director of Public Services to request a variance on 2nd St. S. W. between Broadway and 4th Avenue S. W. regarding Lane widths from the Commissioner of Transportation. Ayes (7), Nays (0). Motion carried. An Ordinance Amending and Reenacting Sub. 5 of Sec. 125A.03 of RCO Relating to Multiple Licneses at the same location and Sub. 2 of Sec. 125A.081 of the RCO Relating to the Fees for Wine/Off-Sale Licenses. Ths was given its first reading. An Ordinance Amending Sec. 125A.041 of the RCO Relating to the Dispensing of Liquor at Municipal Facilities . This was given its first reading. An Ordinance Annexing to the City 16.09 acres of lands in portions of the NW 1/4 of Sec. 32, and the SW 1/4 of Sec. 29 T 107N R 14W was given its first reading. An Ordinance Creating Sec. 97.29 of the RCO Relating to the creation of a Limousine Franchise in the City of Rochester was given its second reading. Petersson moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance creating Sec. 97.29 of the RCO Relating to the creation of a Limousine Franchise in the City from First Limousine Service of Virginia, Inc. This was given its second reading. Crawford moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion Carried. Having no further business, Petersson moved, Crawford second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. l City Clerk 1