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HomeMy WebLinkAbout02-07-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4228 Regular fleeting No. 20 - February 7, 1994 Agenda Item A-1 President Selby called the meeting to order at 7:00 P.M., the follow- ing members being present: President Selby, Councilmember Canfield, Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. B-1 A Hearing on the Application for Federal Transit Assistance. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Senjem second to adopt Resolution No. 48-94 approving the application. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed assessment of New Sidewalk Project 4-1993 J 9275 -various locations in the City of Rochester. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Canfield second to adopt Resolution No. 49-94 approving the assessment. Ayes (7), Nays .(0). Motion carried. B-3 A Hearing on the Propsoed assessment on Sidewalk Replacement No. 5-199 J 9276. Various locations in the City of Rochester. Wishing to be heard was Nancy Warren of 1207 loth Avenue S.E. She is objecting to the cost of the assessment. She stated that State snow plows throw salt etc. on her walk when they plow and that is hat is primary factor in the deteriorating of her walk. She stated that the plow does not have to plow so fast and throw the snow all the way past the boulevard on to her walk. Councilmember Canfield asked how old her sidewalk was and she answered 30-40 years old. She stated that no grass or trees grow in that area either. She has talked with (like Cox, Sidewalk Supt. and he agreed ith her that the salt did contribute to the decay, but the age of the sidewalk was primary factor and the salt was a contributing factor President Selby asked Ms. Warren if she tried tree wraps or plastic raps to keep the trees. She said that she had not. Gary Neumann, Assistant City Adm. stated that if this new sidewalk deteriorated, the City would replace it if it was older than 20 years. Councilmember Evans told Ms. Warren to be sure and keen track of the condition of this walk after or near 10 years, and for sure near 20 yr Ms. Warren presented pictures of her sidewalk and a letter of protest to this assessment. Having no one else present that wished to be .cheard, President Selby closed the hearing. Councilmember Canfield stated that we have a lot of miles of sidewalk and someone should inform Mn/DOT to slow down. Council agreed with Councilmember Canfield. Senjem moved, Hunziker Second to adopt Resolution No. 50-94 approving the assessment. Ayes (7), Nays (0)21otion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4229 Regular Meeting No. 20 - February 7, 1994 Agenda Item B-4 A Hearing on the Application to the MN Dept. of Trade and Economic Development for the PEMSTAR Project. Gary Smith of RAEDI 220 So. Broadway was present and urged the Council to.approve thi.s. He was also present for any questions. Having no one else present that wished to be heard, President Selby closed the hearing. Councilmember Myhrom stated that he was opposed to this project. He stated that he had not received any financial statements on how much financing would be done locally by the individuals that are forming this company. Councilmember Canfield stated that the information. that was brought. before the Council from them was clear. The Minnesota -Department of Trade and Economic Development will contribute $1,000,000.00,toward -this project and that the City can be fortunate to have this.project. her Councilmember voiced approval of this project. aving no further discussion, Senjem moved, Canfield second to adopt esolution No. 51-94 approving the project. Ayes (6), Nays (1). ouncilmember Myhrom voted nay. Motion carried. C-1-11 pprove the minutes of the Jan. 19, 1994 meeting.. C-2 pprove the following licenses and bonds: EMP. ON -SALE 3.2 BEER - St..Pius Church for Polka Mass and Dance 2-1c, EMPORARY DANCE - St.Pius Church for Dance 2-19-94 AMBLING - Circus World Bingo (Renewal) -American Cancer Soc. Raffle. ASTER INSTALLER - David McClaflin , Byron, Mn. ASTER PLUMBER - Milford Roubik DBA BJ & M PTumbing and Heating. St.Pa aryl Odegarden DBA Daryl's Plumbing and Heating, Roch.Mn. IGNS - Ace Sign Displays, So. Sioux City NE. and Demars Signs, Inc. Don Rapids, Mn. yes (7), Nays (0).Motion carried. C-3 rpprove the Accounts Payable in the amount of $1,408,971.53. File n with the City Clerk's Office. C-4 �dopt Resolution No. 52-94 closing completed improvement projects nd transferring unexpended balances in the amount of $45,654.31.. C-5 pprove the appointment by Mayor Hazama of Don Beed 4322 Manor View rive N.W. to the Planning and Zoning Commission. Term will run to ecember, 1996. Also added was E. Christine Schultze of 503 8th Ave.S.1 erm to end Dec. 1994. .C-6 pprove the appointments by Mayor Hazama of Ellen Barnett of 3048 15th venue N. W. to the Human Rights Commission. Term to run to May 1, 199 .and Allison Chatman of 1430 4th Avenue _SE. Term to run to May 1,1995, and Ronald Kevin Corbisier of 2226 2nd St. S.W. Term to run to May 9 . Ayes Na s (.0).Motion carried. -94. bl RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4230 CITY OF ROCHESTER, MINNESOTA -Regular Meeting No 20 - February 7, 1994 Agenda Item C-7 C-9 C-10 C-11 E-1 E-2 E-3 Setting a hearing for March 7, 1994 on the proposed vacation of a fiv( foot utility easement alg the N. side of 1923 Valley High Dr. N.W. (Donald and Letty Budahn) . Res. 53-94 was adopted. Adopt Resolution No. 54-94 approving the payment for additional work covered by Supplemental Agreement No. 1 for Project 9217 J 9266. This is in the amount of $4,955.00. Adopt Resolution No. 55-94 and 56-94 declaring the cost to be assesses and ordering a public hearing for March 7, 1994 on Sidewalk Replacemei No. 3-1992 J 9240 - (S.E. Roch.) Adopt Resolution No. 57-94 and 58-94 declaring the cost to be assess and ordering a public hearing for March 7, 1994 on Sidewalk Replacement Project 6-1993 J 9284.This also includes Street Scape in downtown area. Establish the Airport Long Range Plat; Committee as follows: M.G. Brataas, Chairman, T.om Davie, Christine Friauf, Paul Grinde, Barry Hoeppner, John Kahler, David Lawrence, Bob Livingston, Jose Rivas, John Withers, Jean Michaels and Chuck Canfield. lAyes (7), Nays (0).Motion carried. Evans moved, Canfield second to adopt Resolution No. 59-94 approving the app6intment of Raymond A. Hayward of the Dorsey and Whitney law firm to represent the City in the Homestead Trails Trial. Councilmember McConnell stated that he feels that this firm has a conflict of interest and he stated they did not give us an hourly rate for their services. Because of this he will 'vote nay. Ayes (6), Nays (1). Councilmember "IcConnell voted nay. Motion carried. Senjem moved, Canfield second to..'initi.ate the - - amendment of the Zoning Ord. and Land Dev. Manual to include a Max. Height Limitation for Pylon Signs in Commercial and Industrial Districts. This would establish a 50 foot ht. limitation for pylon business and adv. signs with additional height allowed as a cond. use under the Type II process. Ayes (6), Nays (1). Councilmember McConnel voted nay. Motion carried. Councilmember McConnell preferred option No. 3 which is more stringent. Ayes (7), Nays (0).Motion carried. McConnell moved, Myhrom second to approve the Review and Potential Adoption of an Ordinance relating to the Abatement of Graffiti. After discussion by the Council it was decided that more information was needed regarding the time given to residents to clean the proper when this will start acid how this will work. Based on this, Senjem moved, Hunziker second to table this until further discussion was taken at the Committee of the Whole. Ayes (5), Nays (2). Councilmem Canfield and Myhrom voted nay. Motion carried. r 1 E-4 Senjem moved, Evans second to adopt Resolution No. 60-94 releasing the 1936 easement for flood overflows and bank work from Lot 4, Henke s Replat. This is needed for Flood Control. Ayes (7),Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4231 Regular Meeting No. 20 - February 7, 1994 Agenda Item E-5 Canfield moved,'Evans supporting PEMSTAR's Initiative Fund. Aye Motion carried. .second to adopt Resolution No. 61-94 Application to the Southeastern Minnesota s (6), Nays (1). Councilmember Myhrom voted nay. E-6 Canfield moved, McConnell second to adopt Resolution No. 62-94 initiating.the vacation 6f fee title to drainageway adj. to 770 41st Avenue N.W. with -retention of necessary easements and call for a public hearing for March 7, 1994. Ayes (7), Nays (0).Motion carried. E-7 Myhrom moved, Evans second to adopt Resolution No. 63-94 setting a hearing for Feb. 23, 1994 considering the proposed amendment to the Final Statement for the 1994 CDBG Program. Ayes (7), Nays (0).Motion carried. E-8 Myhrom moved, Canfield second to adopt Resolution No. 64-94 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on March 1, 1994 on audio visual improvements to the Council Chambers/Board Room located at 151 4th St. S.E. Ayes (7), Nays (0).Motion carried. Councilmember Can wanted to reassure that the room is technically correct. The system as. it is at present is an embarassment to the public as well as.the City/Co. He as assured that this will be taken care of. E-9 Evans moved,'Canfield second to approve the $3,000. from the Cont. Acct. to provide funding for YEP Summer Program. Ayes (7), Nays (0). Motion carried. E-10 Hunziker moved, Canfield second to approve.the seeking of.proposals for architectural services for the Government Center skyway. Councilmember Evans stated that this is a lot of money to spend for a skyway and people he has spoken to have nbt been in favor of this. He will vote nay, but in the event that it is approved, he w6uld like to see this made smaller for less money. Councilmember Canfield stated that TIF money is saved for this purpose and was part of the agreement with downtown businesses to provide them with this improve- ment. Councilmember Senjem agreed with Councilmember Canfield. Ayes (6), Nays (1). Councilmember Evans voted nay. Motion carried. E-11 Hunziker moved, Canfield second to adopt Resolution No. 65-94 approving Change Order No. 1 in the amount of $87,927.00 for the Civi Center Ramp/Skyway for additional rock removal. Ayes (7), Nays (0). Motior carried. E-12 Canfield moved, Hunziker second to adopt Resolution No. 66-94 approving the retaining of Holmes and Graven proposal for legal servi es in connection with the administration of the low income housing tax credit program. Ayes (6). Nays (0).Motion carried. Councilmember Myhrom abstained. E-13 Canfield moved, Hunziker second to adopt authorizing the City Clerk to advertise 2,735 ft. of Taxiway A from Runway 2/20 J 6905. Bids to be opened at 11:00 A.M. Resolution No. 67-94 for bids to reconstruct to the NW AIP 1-3-27-0084-09 March 22, 1994. 4232 Agenda Item -13 -14 E-15 E-16 E-17 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Raoular Meatinq Nn 2n - Fah 7, 1g94 Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to approve the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 68-94 approving.a contract with Alimak Elevator Co. for a.special purpose ind. hoist for the Silver Lake Plant in the amt of $102,985.00. Resolution No. 69-94 approving a purchase order with Central Maloney for distribution transformers in the amt of $217,850.00. Resolution No. 70-94 approving a purchase order with Burmeister/ Howard for dist. transformers in the amt. of $171,702.00. Resolution No. 71-94 approving a purchase order with American Office Systems for leasing of two office copier machines based on $0.0214 per copy with an est. cost of $41,088.00. Ayes (7), Nays (0).Motion carried. unziker moved, Senjem second to adopt Resolution No. 72-94 retaining the firm Smith , Schafer and Assoc. Ltd to conduct an examination of the accounting records of the Rochester City Lines Co. for the year ended Dec. 31, 1993. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to adopt Resolution No. 73-94 approving the Meet and Confer Agreement for Parking Control Officers from 1994- 1996. Ayes (7), Nays (0).Motion carried. Myhrom moved, Canfield second to instruct the City Attorney to prepa an Amendment to the Wetland Conservation Act -- Permanent Rules. Ayes (7), Nays (0).Motion carried. E-18 Hunziker moved, Evans second to adopt Resolution No. 74-94 approving the purchase of a Manfactured house on Pad No. 144 Oak Terrace Est. from Homes of Harmony for $6,900. suhl.to the cond. of Neg. This is for the Marion Rd. S.E. Widening Project. Ayes (7), Nays (0).Motion carried. E-19 Hunziker moved, Myhrom second to adopt Resolution No. 75-94 authorizing the grant of .67 acres of land without charge at the north end of City property conditioned upon his purchase of the remainder lot , les future 20th St. ROW at $13,700 per acre for 2.83 acres or $38,800. Ayes (7), Nays (0).Motion carried. This is needed for Flood Cont. Stage 4. Ayes (7), Nays (0).Motion carried. E-20 hrom moved, McConnell second to adopt Resolution No. 76-94 authorizin 1cGhie and Betts to proceed with Eng. Services for Civic Center North Lot Expansion. Ayes (7), Nays (0).Motion carried. E-21 Hunziker moved, Evans second .to. adopt Resolution No. 77-94 approving he adding Para 314.1 to the No Parking Zones - N. Front. Rd. of 5th St. N. W. on the N. Side from 26th Ave. to 28th Avenue between he hrs of 7 A.M. to 7 P.M., Mon. -Fri. Ayes (7), Nays .(0).Motion carri RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Reqular Meeting No. 20 -Feb. 7, OF THE COMMON MINNESOTA 1994 COUNCIL 4233 Agenda Item E-22 McConnell moved, Myhrom second to adopt Resolution No. 78-94 approving the adding Para (2). Sec. C Special Parking Zone - Zone E Courtesy Van to -read as follows: 2nd St. S.W. on the N. side two stalls immediately east of 3rd Ave., for Federal Med. Vans only 6 A.M. to 6 P.M. Mon -Fri. Ayes (7), Nays (0). Motion Carried. For the Record Councilmember Senjem works'at Mayo Clinic. E-23 Senjem moved, Evans second to adopt Resolution No. 79-94 authorizing the City Officials to extend and modify the current parking lease with Center Plaza Association with the following amendments: 1. Length of term is five years 2. Monthly rate per stall is $5.00 above the random monthly rate that being $48.00 for random and $53.mo. for reserved. 3. Rent notice to be 60 days notice on any rate change. Ayes (7), Nays (0).Motion carried. E-24 Hunziker moved, Senjem second to approve the splitting of the assessments of previously levied J 8059, and'J 8979 Plat 5175 and Parcel 00215. Ayes (7), Nays (0).Motion carried. E-25 McConnell moved, Myhrom second to approve the acquisition of perm- anent and temp. easements from the Dept. of Natural Resources for the crossing of the Douglas Trail by 41st St. N.W. Ayes (7), Nays (0).Motion carried. Resolution 79A-94. E-26 Senjem moved, Evans second to adopt Resolution No. 80-94 approving a proposal for Eng. Services for the Reconstruction of East Silver Lake Dr. from 7th St. N.E to 14th St. N. E. This Brill be in the amount of,$42,300.00. Ayes (7), Nays (0). Motion carried. E-27 Myhrom moved, Senjem second to approve the temporary permit and the limited use permit with Mn/DOT for the Hwy 14 bikepaths at Bear Creel and the Zumbro River. Ayes (7), Nays (0).Motionicarried. E-28 Evans moved, Canfield second to adopt Resolution No. 81-94 author- izing the City Clerk to -advertise for bids to be opened at 11:00 A.M. on February 28, 1994 on two dump trucks for the Public Works Dept. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 59.10 of RCO Relating to Wetland Banking was given its first reading. F-1 An Ordinance amending RCO 125A.083 relating to the License Fee for Bottle Club Licenses was given its second reading. McConnell moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance amending Sec. 62.211, 62.221,•and 62.231 of the RCO relating to the Permitted Max. Hgt. for area Accessory Land Uses in the R-Sa, R-1 and R-2 Zones was given its second reading.. Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4234 Regular Meeting No. 20 - Feb.7, 1994 Agenda Item G-1 G-2 G-3 unziker moved, McConnell second to remove the Job Reclassifications from the table. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second:to adopt Resolution No. 82-94 approving the request. Ayes (7), Nays (0).Motion carried. Myhrom moved, Canfield second to remove the Wage Increase Guidelines and Ranges for Management posit ions from the table. Ayes (7), Nays (0).Motion,carried. Hunziker moved, Myhrom second to adopt Resolution No. 83-94 approving the gidelines. Ayes (7), Nays (0). Motion carried. Myhrom moved, Evans second to remove the request from applicants for the remain _ingOn-Sale Exclusive License from the table. Ayes (7), Motion carried. After Discussion by the Council Councilmember Canfield moved to approve the application of Diane O'Conner DBA O'Conner's Pub. This was based on the first application being submitted. This did not get a second and did not carry. After further discussion, Council asked Ms. Louise Hinck who speaks on behalf of the Hinck Lounge, Inc. DBA RochesCheer Pud and Grill. She answered the questions the Council had relative to the business, her plans for the new establishment and the past record of members of the business. After extensive disucssion by the Council, Myhrom moved, Evans second to grant this license to Hinck Lounge , Incorporated,DBA RochesCheer Pub and Grill and directed the City Attorney to prepare "facts and findings" to be presented at the next Council meeting for'the Council's approval. Ayes (5), Nays (2).. Councilmembers Senjem and Canfield voting nay. Notion Carried. Having no further business, Senjem moved, Canfield second to adjourn the meeting .Ayes (7), Nays (0).Motion carried. r 1