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HomeMy WebLinkAbout03-07-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4241 Rega;lar.` -.'Meeting No. 22- March 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, Councilmembers Canfield Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None. B-1 A Hearing on the Proposed vacation of a five foot wide utility easement alg the north side of Lot 23, Blk 5 Sunset Terrace Second addition ( Donald and Letty 'Budahn). Having no one present t wished to be heard, President Selby closed the hearing.' Senjem moved Evans second to adopt Resolution No. 97-94 approving the vacation (limited to the area of encroachment).' Ayes (7), Nays (0).Motion carried. B=2 A Hearing on the Proposed vacation of a 20 foot wide drainageway located between Lot 13, Blk 1 and Lot 1, Blk 2 Diamond Ridge Sub. ( Lee Roy and Marilyn Parks ). Wishing to be heard was Chad Guetter of 7.70 41st Avenue N W. and urged the Council to approve this. He is a neighbor and has no problems with this request. Wishing to be heard was Mark Zangs of 809 37th Avenue N.W. and has a fence on part of this easement. He wondered how this would affect that. He was told that this would 'not be a problem. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resolution No. 98-94 approving the vacation but maintain the easement across the width of the drainageway. Ayes (7_), Nays (0).Motion carried. B-3 A Hearing on the Land Sub. ( Prelim inary--Pl-at") for Baihly Heights 8th Sub. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Hunziker second to approve the facts of findings as prepared by the City Attorney. This includes the five conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Proposed Assessments on Sidewalk Replacement Project No. 6-1993 J 9284. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Evans second to adopt Resolution.No. 99-94 approving the assessments. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Proposed Assessments on Sidewalk Replacement on Project No. 3-1992 J 9240. Wishing to be heard was Steven B. Hartstein of 932 8th Avenue S.E. He has a problem with the drainage and stated that the contractor did not seed or sod the area that was damaged on his lawn due to this project. He objects to the assessments, but would gladly pay when these problems are taken care of. Public Works will check this and report back to the owner. A Letter from Vera Blakley was received by the Council regardinga request for exemption from'the assessment at this time because she is a senior citizen and over 65 and would like this deferred as per notice. The City of Rochester City Council has a policy not to defer assessments on the basis of being Over 65. iat RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4242 CITY OF ROCHESTER, MINNESOTA R_egul,a.r.. Meeting No. 22 - March 7, 1994 Agenda Item C-1-8 C-1 C-2 C-3 C-4 C-5 Having no further discussion, President Selby closed the hearing. Myhrom moved, Canfield second to adopt Resolution No. 100-94 approving the assessment. Ayes (7), Nays (0).Motion carried. A Hearing on the Low Income Housing Tax Credit. Wishing to be heard was Gary Lueders and was present for any questions the Council may have. He stated that this program is a means for developers to apply for funding to build low cost housing. Councilmember Myhrom is opposed to this. He said that the apartments/housing in Rochester are not full and this would enable more housing to be built and rent at a cheaper rate and the current apts./ etc. would remain empty and hurt the residents in a long run. Mr. Lueders stated that if the credits are not accepted locally then th°E developers would have to go the State of Mn. for applications These credits then are free for anyone qualifying in the state. There are not many funding sources left to draw from and Mr. Lueders urged the Council to approve this. IF a developer was to apply, this application/request would come back to the Council for approval any- way. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Canfield second to approve the request. Ayes (6), Nays (1). Councilmember Myhrom voted nay. Motion carried. Senjem moved, Evans second to approve the following items on the consent agenda. Approve the minutes of the February 23, 1994 meeting. Approve the Licenses and bonds as follows: CIGARETTES - Over the Counter - Rochester Vending Co. at Mayo Civic Center Pool Tournament-4-15-5=18.7 GAMBLING - Lourdes Dev. Fund - Bingo at Circus Worl.d Bingo. Lourdes High School Bingo at Circus World Bamber Valley PTA - Raffle and Bingo Fundraiser at 4-23-94 MASTER PLUMBER - 1st Class Plumbi,n.g and Heating, Inc. SIGN INSTALLATION AND MAINTENANCE - Dick Menke DBA Pride Neon , Inc. Sioux Falls, SD. Approve the Accounts Payable in the amount of $847,927.11. Approve the Appointment of Erick D. Kerska to the position of Firefighter in the Rochester Fire Dept. subject to the applicant completing the background investigation, etc. Approve the appointment of Dean L. Hofschulte to the position of Firefighter in the Rochester Fire Dept. subject to the applicant completing the background investigation, etc. I Agenda Item C-6 C-7 E-1 E-2 E-3 E-4 E-5 E-6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4243 `<'i�leeting No. 22 March 7, 1994 Adopt'Resolution No. 101-94 requesting Mn/DOT to conduct a speed zone study on 7th St. N.E. from West.Silver Lake Dr. to llth Ave. N.W. Adopt Resolution No. 102-94 approving an engineering proposal by BKBM for Pedestrian Trail Bridge over 41st St. N.W. Adopt Resolution No. 103=94 ordering bids to be opened at 11:00 A.M. on March 30, 1994 on Project No. 1-1994 J 9296 Handicap Acc.essible Ramp Construction. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to approve of the revised owner contract as proposed on the draft copy attached to the Request for Council Action. Ayes (7), Nays (0).Motion carried. Canfield moved, Senjem second to adopt Resolution No. 104-94 approving the amendment to the Development Assistance Agreement between the City and Lawler's Inc. d/b/a/ Textile Care Services extending the deadline for demolition of the Model Laundry Building from June 1, 1994 to June 17, 1994. Ayes (7), Nays (0). Motion carried. Canfield moved, Senjem second to adopt Resolution No. 105-94 approving the assignment of lease agreement from US WEST Paging, Inc to WestLink Company for the Paging Facility located at St. Mary's Concrete Water Tower Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to direct the City Attorney to prepare the paperwork to amend Section 17.01 of the Rochester Code of Ordinances on the proper number of Fire Dept. Personnel. Ayes (7), Nays (0).Motion carried. Canfield moved, Senjem second to adopt Resolution No. 106-94 authorizing the execution of a lease agreement for the property at 906 7th Avenue N.W. at $425.00 per month plus utilities. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to adopt Resolution No. 107-94 author- izing the execution of a lease agreement for property at 908 7th Avenue N.W. Lease will be $450.00 per month plus utilities,. Ayes (7), Nays (0).Motion carried.. E-7 Canfield moved, Evans second to approve the Temporary Parking Changes at the Government Center using No. 1 and No. 2 as listed on the Request for Council Action dated March 7, 1994. Ayes (7), Nays (0).Motion carried. This will be only for four or five months. 4244 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reg4l.*r ""Meeting No. 22 - March 7 , 1994 Agenda Item E-8 Senjem moved, Evans second to adopt Resolution No. 108-94 ordering a hearing to be held on April 4, 1994 on New Sidewalk Project 3-1994 J 9297. Ayes (7), Nays (0).Motion carried. E-9 Canfield moved, Evans second to adopt Resolution No. 109-94 ordering a hearing to be held on April 4, 1994 on New Sidewalk Project 3-1994 J 9298. Ayes (7), Nays (0).Motion carried. E-10 Senjem moved, Evans second to adopt Resolution No. 109A-94 authorizin combining the solicitation of bids with the Duluth Transit Authority for the purchase of one bus - for the City of Rochester under Federal Project No. 904060. Ayes (7),. Nays (0).Motion carrie E-11 Evans moved, Canfield second to adopt Resolution No. IfO-94 approvin an agreement with the City of Rochester and Rochester City Lines ( Federal Project MN 904027. This is for three 1994 Model 125 Elf buses from Minnesota Body and Equipment. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance amending Section 17.01 of the Rochester Code of Ordinances relating 'to the number of Personnel in the Rochester Fire Dept. was given its first reading. F-1 An Ordinance Amending Sec. 59.10 of the Rochester Code of Ordinances Relating to Wetland Banking was given its second reading. Evans moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion Carried. F-1 Canfield moved, Senjem second to adopt Resolution No. 111-94 approving the Election Judges and Wages and Polling Places for the election year 1994: Ayes (7), Nays (0).Motion carried. G-1 McConnell moved, Evans second to remove the Graffiti Ordinance from the table. Ayes (7), Nays (0).Motion carried. Councilmember McConnell stated he is in favor of a public hearing and we should listen to what the public has to say. He would have liked this input as the next step before adoption. Councilmember Canfield stated that the public did advise him from citizens to Omni House as well as the Chamber of Commerce and they Ilyhromiseconn to eadopi ish°etOrrdinoanceaasepress n ed,Canfield moved, Councilmember Senjem would like to see the ordinance be more friendly such as time to clean up the graffiti after the Police have investigated. He stated a letter from the City Administrator stating the time as determined by the Council may be more appropriat( He is also concerned about how the Council can determine the "cost to be assessed". Councilmember Canfield stated that he can see that method of inform- ing the public could be more friendly as far as time goes, he stated that the idea is that someone is being insulted by•the graffiti on property and it should be removed quickly. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4245 .-Regular Meeting No. 22 March 7, 1994 Agenda Item G-1 Terry Adkins, City Attorney stated that the seven days was used only because the Council indicated they wanted to have the removed "quickly". Stevan Kvenvold, City Administrator stated that he had no problem with writing the affected property owners about the graffiti. Councilmember Evans stated that he would go along with this but thinks that a Councilmember should talk with the property owner first. Each Councilmember take the ward in which the problem arises. Councilmember Senjem then moved.to amend the original motion to include the following: Section 8513.06 Para. 1 reads " The (department) meaning Police, shall send a letter to the property owner -- he would like this amended to ":'City Administrator" shall send a letter --- and copies of that letter should be send to the ward councilmember. 856.08 (Notice to owner) Item No. 3 - "shall remove or obliterate the graffiti within 7 days of the date of order " should read "within a reasonable time as determined by the Council" The amendment was voted on at this time. Ayes (7), Nays (0).Motion carried. The original motion was voted on.which was..to adopt the Ordinance as presented without the amendments. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Creating and enacting Chapter 85B of the Rochester Code of Ordinances, relating to Abatement of Graffiti in the City of Rochester was given its first reading. Wishing to be heard regarding this ordinance was Robert Sheridan who owns an office building. His building has been affected a few times and he usually got this off in about an hours time. However, it is not easy to get off - depending on what the graffiti was put on with. He has, though become somewhat of an expert in various methods of removal. He does think the City should pay or do the removal. Members of Port could also be assigned to remove the graffiti. President Selby stated that these avenues have been exploredand will be considered.Mr. Sheridan stated that he would be willing to pay for half the removal if the City would pay half. Some formula like that would be acceptable. Wishing to comment on this was Mina Pourzandvakil of 1410 Meadow Lane S.W. She owns the bldg at 1421 4th Ave. S.E. She has a problem with graffiti and stated that graffiti on her property was not gang related, but sent other messages. She would like to have these authors of. that sort of graffiti punished accordingly. Councilmember Evans stated that this is what prompted the Council RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4246 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 - March 7, 1994 Agenda Item 0-1 to have the City Attorney draft such an ordinance that is up for a vote tonight. Having no further business, Senjem moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk 1