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HomeMy WebLinkAbout10-03-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4356 Regular Meeting No. 11 - October 3, 1994 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker; Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem, and Stobaugh. Absent:Nor B-1 A Hearing on the Downtown Development District and Tax Increment Financing Amendments. This will include the Mayo Civic Center complE into the district. Having no one present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Stobaugh second to adopt Resolution No. 531-94 approving the request. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Amendment to Planned Unit Development B-30 (Springer Building ) to allow the Placement of a -Freestanding sign. The request is to permit a 25' tall 96 sq. foot business sign on propert3 located at the SE quadrant of the intersection of 14th St. N.W.,.and E.Frontage Rd. of N. Hwy 52. Having no one present that wished to bE President Hunziker closed the hearing. Evans moved, Canfield second to approve the request and adopt Resolution No. 532-94. This included the two conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the City Planning and Zoning Commission initiated Land Use Plan Amendment 94-5 on 50 acres of DNR Property. Wishing to be heard was Joyce Kappauf of 3415 College Rd. S.E. She is opposed to this because she thinks the land should be left for the animals. They are already eating all of her produce on her land including the apple trees and apples. She also wondered what will be put on this land. President Hunziker stated that it would probably be single family dwellings. After further Council discussion and no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Canfield second to adopt Resolution No. 533-94 approving the request. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed Final Plat to be known as Kings Run Fourth Sub. Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. Eng. representing the applicant. He stated that they have no problems with the six conditions placed on this by the Planning and Zoning Commission. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugl second to adopt Resolution No. 534-94 approving the plat. Ayes (7), Nays (0).Motion carried. This included the 6 conditions as listed. B-5 A Hearing on the Amendment of the 1994 CDBG Final Statement. This awards $20,000 to the Rochester/Olmsted Community Housing Partnership, Inc. Wishing to be heard was Elizabeth Reitman who is working with the Partnership. She stated that the opportunity has just come up to apply for entry cost assistance for homeownershil for the low income families. This is worthwhile and she urged the Council to approve this request. Wishing to be heard was Sue Johnson of 959 23rd St. S.E. and is Vice President of Rochester Olmsted Co. Housing Partnership. She also works with Norwest Banks and stated that they are in favor of this type of funding and urged the Council to approve this request. Having no one else present tha, wished to be heard, President Hunziker closed':the hearing. Canfield moved, Stobaugh second to approve this request. Ayes (7), Nays (0).; heard, 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 4357 Agenda Item B-5 Motion carried. Councilmember McConnell stated that he is voting for this because it is a homeowner -type project. B-6 A Hearing on proposed Assessments on Project No. 7106-93 J 9263 Bituminous Overlay, Curb & Gutter on E. Frontage Rd. TH 52 from 41st St. to 500 Ft. N. 6f Pennington Ct. N.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 535-94 approving the assessments. Ayes (7), Nays (0).Motion carried. B-7 Hearing on the proposed Assessments on Project 6303-1-92 J 9172 and Project 6303-1-93 J 9214 —Street Reconstruction, Widening and Resurfacing on East River Road from 24th St. to North City Limits and on 24th St. from E. River Rd. to TH No. 63 and Widening and Overlay o East River Rd. from 37th St. N.Ew to 1400 Ft. N. Having no one present that wished to be heard, President Hunziker closed the hearin Canfield moved, Stobaugh second to adopt Resolution No. 536-94 approving the assessments. Ayes (7), Nays (0).Motion carried. C-1-8 �tobaugh moved, Evans second to approve the Consent Agenda as follows: C-1 Approve the minutes of the Sept. 7 , Sept.-,19, and Sept 26 meetings. C-2 Approve the following licenses and bonds: Temp. 3.2 Beer - Rochester Barbershop Chorus - Sidewalk Construction - Hicks Concrete , Inc. Plymouth, Mn. C-3 �pprove the Accounts Payable in the amount of $1,818,214.42 - File is in the City Clerk's Office. C-4 dopt Resolution No. 537-94 requesting the City Clerk to advertise for bids on Parking Computer Equipment: Bids to be opened at 11:00 A.P on October 20, 1994. C-5 dopt Resolution No. 538-94 requesting the City Clerk to advertise for bids on Fuel in Tankwagon Quantity. Bids to be opened at 11:00 A.M. on October 20, 1994. C-6 Adopt Resolution No. 539-94 setting a public hearing for Nov. 7, 1994 on the proposed annexation (Petition ) by -Rochester Pentecostal Church of property located in the SW 1/4 of the NE 1/4 of Sec. 5, Marion Township. C-7 Adopt Resolution No. 540-94 setting a hearing for Nov. 7, 1994 on the proposed vacation of a portion of 5th Avenue S.W. St, John's Church and Mayo Foundation. ( It is noted that Councilmembers Senjem and Stobaugh are employed by the Mayo Clinic. ). C-8 dopt Resolution No. 541-94 setting a hearing for Nov. 7, 1994 on the proposed vacation by Rochester Supply Co. on the 17' rail easemeni on the N. side of Lot 2, Blk 2 Cascade Ind. Park Sub. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4358 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 Agenda Item D-1 Sue Robertson of 1144 1st St. N.W. wished to be heard and expressed her neighborhood's concerns over recent activities occurring in the neighborhood. A vehicle was shot on 9-26-94 and rental property managed by Elite Management has been•a source of problems thru the summer. The number of police calls in detail are attached to the Request for Council Action on file with the City Clerk. The City Administrator has received calls complaining about the rental properties during the past several months and 99% of them ha been properties managed by Elite Management. Ms. Robertson stated that overcrowding of rental units, general condition of the property and the many police calls are the concerns of the neighbors. She stated that in her search she found that Elite has a history of missing inspections by the Building and Safety Dept. and committed Trust Violations, failed to deposit money in said Trust, etc. She stated that a complaint on a rental unit at 315 5th St. S.E. is set for trial. Ms. Robertson presented a series of pictures on the troublesome homes that the police are called to the most. At this very moment they are at a call at 1141. She would like the Council to put a stop to this crime ridden neighborhood. Wishing to be heard was Tom Brio of 140 1st St. N.W. and also stated the concerns of Ms. Robertson. He stated that they had a drive -by shooting a week ago. He brought in a petition of over 100 names outlining a Neighborhood Watch and it includes giving the Council information on becoming aware of the entire neighborhoo People are willing to stick together in that area to combat the problems that are currently in the area. Approximately 100 residents and people disgruntled with Elite Management were present at this meeting. The target building was 1143 1st St. N.W. and managed by Elite and owned by Jake Muldrow of Rochester. Residents have witnessed everything from wild parties and harassment to drug dealing. A pickup truck was sprayed with gunfire which they fear was retaliation for neighborhood complaints about the tenants in the area. Other apartment owners.: throughout the City are also having trouble with keeping tenants because of the management of Elite. Wishing to be heard was Margie Maach of 1150 West Center St. and stated that in addition to the above trash is a problem. They have a minimum amount of trash cans and they are always full and things are being thrown on the ground or not in the can at all and it blows all over other peoples property. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 COUNCIL 4359 1 Agenda Item D-1 Wishing to be heard was Jesse Robertson of 1144 1st St. N.W. ' He witnessed a beating of a male beating up a pregnant female and when the neighbors attempted to help they were put in jeopardy by the person doing the beating and the "gang" which supported this sort of violent activity. Police was called, but by the time they got there they were out of sight. He is angry and wants this stopped. Wishing to be heard was Don Scott of 103 12th Avenue N. W. and was absent from this home and when he arrived home his wife had been sitting in the living room watching TV when a bullet passed .close to her head. She was scared and went behind the sofa which is where he found her - very scared. He'looked around and found the bullet lodged in the room. He feels he is not safe in his own home and wants this stopped. Wishing to be heard was Ray Newell of 929 1st ST. S.W. and lived in the house for over 25 years. He stated that if a tenant has been evicted for whatever reason, Mr. Hartog simply moves that tenant to another rental unit and the same thing starts up all over again. He can't understand why this situation cannot be cleaned up and make this a safe neighborhood again. They need Council help. Wishing to be heard was Danielle Cuttone of 1134 lst St. N.W. and has two young children. When she was seven months pregnant her house was randomly broken into. The basement was where they broke in. This was Nov. 1992. When her son was 16 months old, she and her son entered the house and someone was behind her door in the living room and grabbed her and threw her son across the room. She also has to listen to swear words and general harassment when she and her children go outside. She was in tears and wants this stopped. Wishing to be heard was Norton Maass of 1217 2nd St. N.W. He lives in the Kutzky Park area and recently they have had three shootings, assaults and drug trafficking inthe area. Jan Maass of 1217 2nd St. N.W. wished to be heard and stated that she questions the legality of someone who endangers the neighborhood like Elite Management to remain in business. Wishing to be heard was Cynthia Albright of 19 llth Ave. N.W. and she would like to see Elite Management out of business. Why should the taxpaying resident homeowners have to feel captive. Councilmember Canfield stated that even tho the renters in the area seem to be troublesome, not all renters are bad and he wanted to clear that up. Wishing to be heard was Margo Kroshus of 3815 3rd St. N.W. and stated that they too have a problem in their neighborhood and have junk all over the place. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 Agenda Item D-1 Wishing to be heard was Charles Peterson of.1425 1st St. S.W. and is also disturbed by what is going on the the area. Those also wishing to.be heard in regard to the neighborhood problems are Neil Glynn of 1135 1st St. N.W.; Mark Halbakken of 2557 15th St. N.E. and the owner of the apartment! of 858 West Center Street, Marvin Toogood . Wishing to be heard was Dennis Hartog, Manager for Elite Management Co. Rochester, Mn. He stated that he is the President of the Board of Directors for Elite Management and they are not prepared to make a statement at this meeting. They will be prepared to respond at a later time. Councilmember Stobaugh asked Mr. Hartog that as a member of society does he have responsibility to have money on deposit for rental units , leases, etc. Mr. Hartog stated "yes". He want on to add that if Mr. Hartog ever heard of the long list of violations that have occurred. Mr. Hartog stated that he had not. He has over 200 rental units that they manage and he does not have that answer now. Councilmember Evans stated that if Hartog is 1/3 owner, then who are the other owners? Mr. Hartog stated that he preferred not to answer that at this time. Councilmember Myhrom stated that he knows that Mr. Hartog's hands are somewhat tied in that he has laws to follow regarding tenants and tenants rights. He would be cited for discrimination if he kicked people out without following procedures. Councilmember Evans asked if it was true that Mr. Hartog rents a place and kicks them out and places them in an immediate area building. Mr. Hartog stated that he does that upon occassion. Wishing to be heard was Robert Hague of the Building and Safety Dept. of the City. He stated that if Mr. Hartog had over 200 rental places, he only registered 83 with the City. Mr. Hartog immediately responded that that was County wide. Mayor Hazama stated that this is the first time he has heard of the severe problem in the area. He wished the people had contacted him and he could have been working on a solution before it got to this point. Since the Mayor is head of the Police Dept. He would like to be informed. Wishing to be heard was Rita Black of 1503 Graham Ct. S.E. and stated that Rochester does indeed have a problem and it should be addressed now. President Hunziker suggested that the citizens.,; meet with the Mayor and discuss this situation and see what can be done to help the neighborhood. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994. COUNCIL 4361 Agenda Item Councilmember Myhrom stated that if blame was to be put on anybody D-1 it should be the tenants, and'if possible usetaxpayer money to help the property owners improve rental property. Councilmember Senjem stated that there are plenty:,o.fplaces to put the blame such as ineffectual- criminal sentences and laws that make evictions impossible contribute to the problems. He would like to see Mr. Hartog state what he is going to do to make the neighborhood better when he returns in two weeks with his answers. Police Chief Pat Farrell.. told.the Council via a memo that a foot patrol would likely be implemented soon. This will be discussed again in two weeks with Mr. Hartog, etc. D-2 Wishing to be heard was Lori Ann Leslie of 2710 Erin Lane N.E. and had a problem with the Animal Shelter of the City. She stated that she was charged with abandoning her dog and landed up in jail. Ms. Leslie adopted the dog from the pound in Feb. The dog ran away constantly and was not a good dog for her family. He was not a good dog from the start as Ms. Lewis, Animal Control Office had told her it would be. She was then cited for letting the dog run loose and was later charged with abandoning the dog. Since the judge has dismissed the charge of allowing a dog to run loose, she ignored the charges for abandoning the dog. The. dog was in the Pound ( hers ) was never identified fully as the same dog that ran away in the first place. Tags were not on the dog in the pound and so since this was never proven to be her dog and the fact that the judge dismissed the "running at large", were the reasons that she did not pay.attention to the summons. But she was arrested, booked , jailed and hauled into court where she pleaded guilty to letting the dog roam and abandonment charge was dropped. She would like a refund of this cost and have the charge taken off her record. She would like to have the City Council help her other- wise she will have to go further to the State Senators and Governor. She also urged the Council to change the City Ordinance to keep people from being arrested. Councilmembers were sympathic with Ms. Leslie, but when it comes to pursuing violations that the Court has acted on the City cannot do anything about that at this time. No action was taken. E-1 McConnell moved, Evans second to adopt Findings of Fact for Otto's Liquor License Revocation held by Margaret Pfaff. Ayes (7), Nays (0).Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4362 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 Agenda Item E-2 E-3 E-4 E-5 E-6 Senjem moved, Evans second to adopt Resolution No. 542-94 approving the issuance of the revocable permit for Oscar Patzer of 1438 loth Avenue N.W. with the three conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. Canfield moved, Myhrom second to adopt Resolution No. 543-94 retaining Kane and Johnson for all phases of the Depot Project on a phased contract basis. Phase I $21,000, Phase II 12,600. Phase III - $8,400. and reimbursable expenses of $600.00. The City financial commitment at this time is only for Phase I. Councilmember McConnell asked where the funding is coming from. Mr. Gary Neumann, Ass't. City Adm. stated that Icetea grant and Flood Control funds would be used for Phase I and that is all we are approving in this request. Ayes (5), Nays (2). McConnell and Evans voted nay. Motion carried. Canfield moved, Senjem second to approve $3,000.00 in contingency funding for the Southern Corridor High Speed Rail Coalition. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 544-94 approving the existing shelters and/or evacuation plan for Oak Terrace Estates, subject to the recommended conditions including signing a hold harmless agreement that includes any deficiencies. This would be consistent with the Council's past practice on these requests. This is subject to the five conditions as outlined on thl Request for Council Action. Leonard Lampland of Rochester, Mn. owner of the Mobile Home Court was present and stataithat he runs a good park and he stated that he was cited for 88 violations last year and all other Mobile Home parks had only 2 or 3. He can't understand why his is singled out for all these violations. Ayes (7), Nasy (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 545-94 approving the existing shelters and /or evacuation plan for Rochester Mobile Village. This is subject to the recommended conditions on the Request for Council Action and includes signing a hold harmless agreement that includes any deficiencies. Wishing to be heard was Leonard Lampland of Rochester and is the owner of this park as well. He has contacted John Marshall High School for an alternate plan for evacuation. Ayes (7), Nays (0).Motion carried. This is subject to the four conditions as listed on the Request for Council Action. Senjem moved, Stobaugh second to adopt Resolution No. 546-94 to deny use of Berkshire Village Apts. as the evacuation and off -site sheltering. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 -October 3, 1994 4363 Agenda Item E-7 Senjem moved, Evans second to adopt Resolution No. 547-94 approving a one year lease for the Brown lot at an annual rent of $32,500. The City will pay operation and maintenance costs and the owner will pay taxes and assessments. The lease will run from Oct. 1, 1994 to Sept. 30, 1995. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved , Stobaugh second to adopt Resolution No. 548-94 awarding the low bid for Construction of a New Ten Unit T-Hangar to be located in the General Aviation area to W.A. Kreofsky, Inc. of Plainview, Mn. at a cost of $176,986.00. Ayes (7), Nays (0).Motion carried. E-9 McConnell moved, Evans second to adopt Resolution No. 549-94 awarding the low bid of Southern Mn. Oil Equipment of Stewartville, Mn. for the Removal and Replacement of two underground fuel tanks located at the Rochester Municipal Airport for maintenance equipment. Ayes (7), Nays (0).Motion Carried. The bid was $60,034.65. E-10 Canfield moved, Evans second to adopt Resolution No. 550-94 approving a resolution of the Public Utility Board requesting the week of October 2 -8 , 1994 as Municipal Public Power week in Rochester, Mn. Ayes (7), Nays (0).Motion carried. E-11 Stobaugh moved, Evans second to adopt Resolution No. 551-94 authorizing the City to sell 1,344 sq.feet of land to Glenn and Doris Amundsen for the amount of $1,000. This is located in the W 14.0 ft. of the E 82.0 Ft. of Lots 2 and 3, Blk 8 East Rochester Addn. Ayes (7), Nays (0).Motion carried. E-12 Senjem moved, Strain second to adopt Resolution No. 552-95 awarding the low bid of $25,615.00 to S.L. Contracting Co. for Project No. 6303-2-94 J 2164. Extend Storm Sewer at 3rd Ave. and 14th St. S.E. Ayes (7), Nays (0).Motion carried. E-13 Senjem moved, Evans second to adopt Resolution No. 553-94 approving the Assessment Agreement for South Pointe Second Sub. Phase I Project 6311-3-94 J 9305 and Project 9217 J 9266. This involves Watermain and San. Sewer Ext. and Airport Water Tower. E-14 Stobaugh moved, Canfield second to adopt Resolution No. 554-94 approving a request from the Mayo Foundation for Phase II of their Guide Sign Project - Revocable Permit for four signs as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. It is noted the Councilmembers Senjem and Stobaugh work for the ' Mayo Clinic. E-15 McConnell moved, Stobaugh second to adopt Resolution No. 555-94 approving the proposal of Holabird and Root for Archictural Services to design new meeting rooms, pre -function space etc. at the Mayo Civic Center. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4,364 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 3, 1994 Agenda Item E-16 Stobaugh moved, Canfield second to approve the request for Rent Free Usage of Mayo Civic Auditorium fro Nov. 5, 1994 for a benefit musical for the slain St. Paul police officers, Ron Ryan, Jr. and Tim Jones. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing property lcoated at 3850 Highway 14 East ( Lori and Mark Mathis)to the City was presented for a second reading via a motion to suspend the rules given by Evans and second by Stobaugh. Upon Roll Call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and President Hunziker voting aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Senjem moved, Stobaugh second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Creating Chapter 28A of the RCO Relating to Special Assessments for local improvement projects was presented for a second reading upon suspension of the rules as moved by Canfield and second by McConnell. Upon Roll call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and President Hunziker voted aye. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt the Ordinace as read. Ayes (7), Nays (0).Motion carried. F-1 McConnell moved, Stobaugh second to adopt the Resolution No. 556-94 approving an owner contract for Basic Construction in South Pointe Second Sub. Phase I, All Pointe Dev. and Elcor Construction Co. Ayes (7), Nays (0).Motion carried. ( McGhie and Betts,Inc. Eng.) F-1 Canfield moved, Myhrom second to adopt Resolution No. 557-94 approving an Owner Contract for San. Sewer, Watermain and Service ,Connection , Construction in Pinewood Manor Sub., Frank Kottschade and Road Constructors, Inc. Ayes (7), Nays (0).Motion Carried. ( McGhie and Betts, Inc. ) are the Eng. F-1 Senjem moved, Stobaugh second to adopt Resolution No. 558-94 approvin, an Owner contract for Basic Construction in Kings Run 4th Sub., Dakoti of Rochester, Inc. and Road Constructors, ( McGhie and Betts, Inc. are the Eng. ) Ayes (7), Nays (0).Motion carried. H-1 Councilmember Canfield brought a matter before the Council which could be a historic moment and that was the City Clerk's Birthday. Since she spent the better part of the evening with the Council, "the_Cou,nccil, deemed it proper to have the Council and remaining members of staff and others present to sing the appropriate song,that being "Happy Birthday". The City Clerk acknowledges this kind gesture. Having no further business, McConnell moved, Stobaugh second to adjourn the meeting. Ayes (7), Nays (0).Motion carrie . City Clerk 1