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HomeMy WebLinkAbout12-20-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 17 - December 20, 1993 4209 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, Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. B-1 A Hearing on the 1994 Property Tax Levy and 1994 Budget. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Hunziker second to adopt Resolution No. 656-93,657-93 and 658-93 approving the 1994 Tax Levy of $12,580,361.00 and the T994 Total Budget of $109,683,503.00 and the 1994-1999 Capital Improvements Program. Councilmember Canfield stated that he was happy to present this motion because of the several weeks of work the City staff and Councilmember did on preparation of this budget.etc. Councilmember McConnell stated that he will vote for this, but still had reservations about the amount included in Travel and Subscriptions for the Mayor -and Council budget. He stated that it should be lower because of the National League of Cities being held in Mpls. Councilmember Senjem agreed with Councilmember Canfield that lots of work has been done even though there are still a few things we could get a better grip on, he feels the budget was well thought- out and stated that Mr. Kvenvold, City Administrator did a good job. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Zone Change request by Western Walls, Inc. from B-1 District to the R-1 District. Wishing to be heard was Chuck DeWitt of 604 llth Avenue N. W. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Evans second to instruct the City Attorney to prepare an Ordinance approvin the change. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed vacation by Jose and Susan Calva along the north property boundary of Lot 1, Blk 2, Cimarron 3. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, Senjem second to adopt Resolution No. 659-93 approving the vacation. Ayes (7), Nays (0).Motion carried C-1-20 Senjem moved, McConnell second to approve the following items C-1-20 having pulled out Item C-5 and C-6 to consider separately. C-1 Approve the minutes of the December 8, 1993 meeting. C-2 Adopt Resolution No. 660-93 approving the Change Order No. 1 Airfield Lighted Sign Project in the amount of $10,744.00. C-3 Approve the following licenses and bonds: GAMBLING - Rochester Area Disabled Athletic Recreation - Raffle -5-1 -94. MISC. ACTIVITIES - NAACP Martin Luther King March/Parade 1-17-94. Mn Multiple Sclerosis Soc. - Super Cities Walk - 4-10-94 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4210 Adjourned Meeting No. 17 - December 20, 1993 Agenda Item C-3 C-4 C-7 KM C-14 C-15 C-16 C-17 C-18 C-19 C-20 k GAMBLING - Rocky Mountain Elk Foundation - Raffle - 2-19-94. Approve the Accounts Payable in the amount of $1,315,495.36 - File with the City Clerk. Approve the Reappointments to the Planning Commission and Zoning Board of Appeals. Planning and Zoning Comm. - Michael Fogarty of 180 Salem Point Dr.S.W, Nancy Ann Richardson of 1850 Terracewood Dr. N.W.. These are for a three year term to expire Dec. 1996. Zoning Board of Appeals- Gene Treichel of 1515 8 1/2 Ave. S.E. and Mark D. Henderson of 1524 4th St. N.E. Terms will expire Sept. 1, 1996. Approve the appointment to the Rochester Civic Music Board of Jeffrey Jon Schneider of 227 14th Avenue S.W. Adopt Resolution No. 661-93 approve the filling of the following positions which were left vacant by early retirement: Director of Finance,Purchasing and Insurance Officer,Coal Equipment Operator -Public Utilities , Equipment Operator III -Public Works Dept., Crew Chief III -Public Works Dept. Adopt Resolution No. 662-13 setting a hearing for a proposed vacation by Mark and Nancy Bradley at 703 14th Avenue N. E. This hearing will be held on January 19, 1994. Adopt Resolution No. 663-93 setting a hearing for January 19, 1994 on a proposed vacation of a 50' wide drainage easement alg the original proposed alignment of the 55th St. N.W./West Circle Dr. connection. Adopt Resolution No. 664-93 and 665-93 declaring the costs to be assessed and ordering a public hearing for Jan. 19, 1994 on Project No. 6202-3-92 J 9219 Pedestrian Lighting 2nd St. S.W./ Broadway to 1st Ave. S.W. - Adopt Resolution No. 666-93 and 667-93 declaring the costs to be assessed and ordering a hearing for Jan. 19, 1994 on Project No. 9304 J 9283 - Alleys at seven locations in the City of Rochester. They are listed on the Request for Council Action. Adopt Resolution No. 668-93 and 669-93 declaring the costs to be assessed and ordering a public hearing for Jan. 19, 1994 on Project No. 9304-A J 9287 - Reconstruction of E-W Alley in Blk 12 West Zumbro Addition from 19th Ave. S.W. to approx. 330 Feet West. Adopt Resolution No. 670-93 authorizing payment for Replacement Project 6-1993 J 9284 in the amount of $4,943.09 - sidewalk replaceme t. Adopt Resolution No. 671793 authorizing payment for Replacement of Sidewalk Project 3-1992 J 9240 in the amount of $2,412.91. 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 42i1 Adjourned Meeting No. 17 - December 20, 1993 Agenda Item C-5 Discussion was held on the Reappointments to Boards and Committees in various places in the City. Councilmember Senjem asked if the listed second year terms for the Park Board could be staggered so that they would expire at different times. Mr. Terry Adkins City Attorney stated that there is no staggering of Board members provided for the Park Board. Having no further comments, Senjem moved, Evans second to adopt the reappointments to the Building Code -Board of Appeals, Cable TV Advisory Committee; Citizens Adv.on Transit, Heating Vent. Board of Review, Library Board, Park Board and Public Utility Board as listed on the Request for Council Action. Ayes (7), Nasy (0).Motion carried. C-6 Discussion was held on the Reappointment of James McNary to the Fire Civil Service Commission. Councilmember Myhrom stated that he had nothing against Mr. McNary, but felt that new blood should be put on the Commission. McConnell stated that he also is reminded of the problems the City had with hiring the new fire chief, but would stand by the reappointment of Mr. McNary. Myhrom moved to deny the reappointment. This died for lack of a second. Councilmember Canfield stated that he felt it would be unwise to become politically involved. Mr. McNary has a fine reputation in both his work and as former Councilmember. Myhrom stated that he would still like to see another person appointed. Senjem moved, Canfield second to approve the reappointment of James McNary to the Fire Civil Service Commission. Ayes (5), Nays (1). Councilmember Myhrom voted nay. Councilmember McConnell abstained. Motion carried. E-1 Hunziker moved, Myhrom second to deny the request to suspend enforcement of Parking regulations on Martin Luther King Day. Reasons given were that as long as businesses are open, the parking should be enforced. Employees would probably park in the downtown area all day if this was not enforced. Council agreed. Vote was taken via roll call. Councilmembers Canfield, Hunziker, Myhrom and President Selby voted aye. Ayes (4), Councilmembers Evans, McConnell and Senjem.voted nay. Nays (3), Motion carried. The request was denied. E-2 Canfield moved, Senjem second to approve the amending of the 1992 Final Statement, Community Dev. Block Grant (CDBG) Program. Ayes (7), Nays (0).Motion carried. E-3 Canfield moved, Evans second to adopt Resolution No. 672-93 approving the 1994 Lease Agreement for the Rochester Airport Company and the City for the spreading of biological solids from the Waste - Water Recl. Plan:t,on 938.75 acres of land. Ayes (6), Nays (1). Motio carried. Councilmember Senjem voted nay. Motion carried. E-4 Senjem moved, Evans second to adopt Resolution No. 673-93 approving the parking rate increases by Republic Parking at the Rochester Municipal Airport. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4212 Adjourned Meeting No. 17 -December 20, 1993 Agenda Item E-5 E-6 E-7 E-9 E-10 E-11 Canfield moved, Hunziker second to adopt Resolution No. 674-93 approving the payment of.annual dues in the amount of $30,000 to RAEDI for a three year period from Jan. 1, 1994 to Dec. 31, 1996. Adopt Resolution No. 675-93 approving revisions to the Purchased Power Adjustment Clause Rate Schedule effective Jan. 1, 1994. Ayes (7), Nays (0).Motion carried. Evans moved, Myhrom second to adopt Resolution No. 676-93 allowing for Sunday Sales of liquor starting at 10:00 A.M. from Feb. 12 thru April 24, 1993 ( May 1st Alternative) as allowed for under RCO 125A.04 Sub.•4. This is for the Bowling Association Tournament. Dates of Sales are - Feb. 13,20 and 27 - March 6,13 and 20 and 27, April 3,10,17 and 24 and May 1 ( Alt. ). Ayes (6), Nays (1). Councilmember Canfield voting nay. Motion carried. Canfield moved, Evans .second to deny Ordinance RCO 80.0 to include Sexual Class. This was done because there i effect that is enforced in Rochester discussion, vote was taken. Ayes (6), Hunziker voted nay. Motion carried. Senjem moved, Evans second to approve to proceed with Recommendation No. 1 and also Recommendation No. 4 for the Ayes (7), Nays (0).Motion carried. the Amendment for Human Rights Orientation as a Protected s a state law already in accordingly. After Council Nays (1). Councilmember the proposal from INFO LOGIC of the Records Management Stu Request for Proposals. Canfield moved, Evans second to adopt Resolution No. 677-93 approving the Labor Agreement with the Inspectors Association for the years 1994,1995 and 1996. Councilmember Senjem stated that he did not like three year contracts and would like to see them settled for a lesser time. McConnell stated that he did too, but would vote for this because it was already done. Councilmember Canfield reminded the Council that the City usually comes out ahead by settling a three year contract. For the Record, Senjem stated that 4% is not a gamble it is a "nice salary increase" This 4% would be allowed in 1996. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. McConnell moved, Evans second to adopt Resouution No. 678-93 approving the Labor Agreement -for Engineering Technicians Assoc. for a three year contract term. Councilmembers that voiced their opinions in E-9 are also including this E-10 in their conce, s. Ayes (6), Nays (1)..Councilmember Senjem voted nay. Motion carried. Canfield moved, Evans second to adopt Resolution No. 679-93 approv.ing the Wages and Benefits for City employees not covered by any Labor-Agreement/Meet and Confer Agreement effective Jan.l, 1994. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 42- Adjourned Meeting No. 17 -December 20, 1993 Agenda Item E-12 Evans moved, Canfield second to approve the annual salary for Bruce Atkinson who is promoted to Assistant Finance Director in the amount of $53,469.00 for 1994. Ayes (7), Nays (0).Motion carried. E-13 Canfield moved, Evans second to approve the pay grade increase for an employee who is hired in the Police/Fire Dept. when that officer who is hired has had the previous police/fire experience in another dept. etc.. Ayes (7), Nays (0).Motion carried. E-14 Evans moved, Myhrom second to adopt Resolution No. 680-93 approving the 1994 Cooperative Agreement with Rochester -Olmsted Co.Council of Governments. Ayes (7), Nays (0).Motion carried. E-15 Senjem moved, Myhrom second to adopt Resolution No. 681-93 authorizing the execution of a lease agreement for property at 1002 6th Avenue N. W. for $500.00 per month plus utilities. This requires a deposit of $600.00. Ayes (7), Nays (0).Motion carri E-16 McConnell moved, Myhrom second to adopt Resolution No. 682-93 approving the City to enter into a purchase agreement for 74,500 sq. ft. of undev. land ih. Lot 4, Bracken Mead 2nd Sub. from Bethel Lutheran Church for $200,000. Also included was transfer of this land to Assoc. Milk Producers Inc. upon payment of $125,500. and authority to pay said party $3,250. to meet fencing requirements mandated in the Bethel Agreement. Ayes (7), Nays (0).Motion carried. E-17 Hunziker moved, Evans second to adopt Resolution No. 683-93 and 684-93 accepting the feasibility report and ordering a public hearing to be held on Jan..19, 1994 on Proejct No. 6204"1/2 -4-93 J 9264 - St. Reconst. , Con.Curb and Gutter, Sidewalk and Watermain on 4 1/2 St. N.W. from llth Ave. to 13th Ave. N. W. and on 13th Ave. N. W. from 4 1/2 St. N.W. to 5th Place N. W. Ayes (7), Nays (0).Motion: carried:. E-18 Canfield moved, McConnell second to adopt Resolution No. 685-93 and 686-93 accepting the feasibility report and ordering a public hearing for Jan. 19, 1994 on Project 9260 J 2235 - Watermain Ext. on the E.side of Marion Road from Eastwood Road to approx. 800 Ft. South.Ayes (7), Nays (0).Motion carried. E-19 Hunziker moved, McConnell second to adopt Resolution No. 687-93 and 688-93 accepting the feasibility report and ordering a public hearin for Jan. 19, 1994 on Project 6350-4-94 J 9293 - St. Improvements to 50th Avenue N. W. from 55th St. N. W.to 1500 Ft. S. of 55th St. N. W. Ayes (7). Nays (0).Motion carried. E-20 Canfield.moved, Evans second to instruct the City Attorney to prepare an Ordinance changing the street name from Baihly Summit Dr. S.W. to Baihly.Heights Dr. S. W. and Baifhly Summit Lane S. W. to Baihly Hgts . Lane S.W. Ayes (7), Nays (0).Motion carried. Rd. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4214 Adjourned Meeting No. 17 - December 20, 1993 Agenda Item E-21 F-1 F-1 F-1 G-1 G-2 G-3 F-1 F-1 Hunziker moved, Evans second to adopt Resolution No. 689-93 approving the Skyway Agreement and Other Miscellaneous Items related to the Chateau Theatre Project. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning property to R-1 2.76 acres in E 112 of Sec. 16, T107N R14W was given its first reading. An Ordinance Amending Sec. 75.01 of the RCO Relating to the names of the Streets Platted in Baihly Heights 7th Sub. was given its first reading. An Ordinance creating Chapter 59 of the RCO relating to the Wetland Conservation and Regulation was given its second reading. Senjem moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. The Petition to vacate 93-4 by Winnifred Leiferman remained on the table. McConnell mvoed, Evans second to remove the Amendment to and Repeal of Limousine Ord. RCO 97.01 from the table. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to Repeal this Ordinance based on the State law which governs them. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to remove the Cooperative Agreement with Olmsted Co. for ROW Acquisition on Marion Road from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to adopt Resolution No. 690-93 approving the agreement. Ayes (7), Nays (0).Motion carried. An Ordinance Creating and Enacting Sec. 97.30 of the RCO Relating to the Limited Continuation of Limousine Franchises in the City of Rochester and Repealing Chapter 97 of the RCO was given its first reading. Senjem moved, Evans second to suspend the rules and give this Ordinance a second reading. Upon Roll call vote, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom, Senjem and President . Selby voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Senjem moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Creating and enacting Sec. 134.105 of the RCO relating to the solititation of Passengers for Limousine Service at a Taxi- cab Stand was given its first reading. Canfield moved, Hunziker second to suspend the rules and give this a second reading. Upon Roll call vote, Councilmembers Canfield, Evans, Hunziker, McConnell Myhrom, Senjem and President Selby voted aye. Ayes (7), Nays (0). Motion carried and the Ordinance was given its second reading. McConnell moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion-carried. Having no further business, Canfield moved, Hunzikn second to adjou the meeting. Ayes (7), Nays (0).Mp�j�,car�ed,,- , , 1 City Clerk