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HomeMy WebLinkAbout06-19-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 82 Adjourned Meeting No. 29 - June 19, 1995 Agenda Item B-1 B-2 B-3 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom ( 7:10 ), Senjem and Stobaugh. Absent:None. A Hearing on the proposed vacation of a portion of the Utility Ease- ment located at 4314 13th Ave. N.W. ( Mary Anderson ). Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolution No. 273-95 approving the vacation. Ayes (6), Nays (0).Motion carried. A Hearing on the proposed vacation of a portion of the Utility Easement located at 3975 Willow Heights Dr. S.W. ( Pamela and David Mittelstadt ). Wishing to be heard was David Mittelstadt of 3975 Willow Heights Dr. S.W. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 274-95 approving the vacation. Ayes (6), Nays (0).Motion carried. This is with the conditions as listed on the Request for Council Action. A Hearing on the proposed project No. 6354-95 J 9346 - Construct Low Flow Concrete Flume in BelAir Drainageway on N. Line of Elton Hills N. Third Sub. Wishing to be heard was Gene Lane of 3614 10th Lane N.W. He stated that the City should pick up all the assessments because it is a drainage area and they have maintained it for a lot of years. Having no one else present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Evans second to adopt Resolution No. 275-9.5 approving the project. Ayes (6), Nays (0).Motion carried. Councilmember Myhrom arrived - 7:10 P.M. A Hearing on the Revisions to Housing Code Ordinances. This proposal reflects revisions to 8 sections of the ordinance as out- lined in the Request for Council Action. Wishing to be heard was Bob Hague of the Building and Safety Dept. who is the Chief Inspector of Housing. He explained the numerous changes to the Council and stated that he had a couple of additional items that he wished to be changed. Section 34.07 he would like language added " Such containers shall be kept on an impervious surface". Section 8 of Section 35.05 shall not be retroactive but will remain as stated. The other request was to relate to car owners and towing and the responsibility for removal - if a car owner is not found, then it would be the responsibility of the property owner to remove this vehicle and the dates changed would be 10 days including the owner and property owners to be notified and vehicles removed. Wishing to be heard and agreed with Mr.Hague was Don Wees, Director of the Building and Safety Dept.. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 -.June 19, 1995 4483 Agenda Item B-4 Also wishing to be heard was Andy Jaconette of 816 1st St. N.W. and stated the that Fire escapes are poor and a great number of them probably can't be used. He wondered if the City does not enforce thi code, would the City possibly be liable? Wishing to be heard was Jim Elderhus of Rochester, Mn. stated that if a car was broken down and the person was poor and could not get it fixed to remove it,he does not feel that it is fair to have this car towed. Councilmember Canfield stated that the problem is a feasible problem, however an Ordinance cannot be written for a one person problem either. Councilmember Myhrom agreed with Councilmemb r Canfield that you have to establish rules and everyone abide by them Having no one else present that wished to be heard, President Hunzik r closed the hearing. Canfield moved, Evans second to instruct the City Attorney to prepare the Ordinance with the suggestions of Mr. Hague and substantiated by Mr. Wees. Ayes (7), Nays (0). .Motion carried. C-1-21 Senjem moved, Evans second to approve the following items C-1-21 on the Consent Agenda as follows: C-1 Approve the minutes of the June 5, 1995 Council meeting. C-2 Adopt Resolution No. 276-95 instructing the City Clerk to advertise for bids on the Government Center Skyway. Bids to be opened at 2:00 P.-M. on August 1, 1995. C-3 Approve the following licenses and bonds: GAMBLING - Northland Children's Services, Inc. - Raffle at Willow Creek Golf Course - Eagles Aerie 2228 Auxiliary - Renewal - SIDEWALK CONSTRUCTION - Ron Ellefson Concrete, Roch.Mn. MISC. STREET USE - Rochesterfest Street Dance - Rochester Jaycees July 4th Kiddie Parade - Downtown Business Assoc. Annual Sidewalk Sale Days - 7-20-7-23-95. Mayo Medical School Section of American Medical Assoc. Walk and Run. C-4 Adopt Resolution No. 277-95 entering into a renewal lease agreement ' with Mn. Pollution Control for equipment monitoring site at the Animal Pound facility. C-5 Approving a request from the Rochester Post Bulletin and the Golf and Country Club for the Annual Fireworks Display on July 4, 1995 at Silver Lake —The Golf and Co. Club will display on July 3, 1995. C-6 Adopt Resolution No. 278-95 approving the sound amplification permit and waiver of time restriction for the Rochester Civic Music Concert on the 4th of July to approx. 10.P.M. C-7 Adopt Resolution No. 279-95 apprvoing the Sound Amplification permit for Rochester Civic Music for a concert series 'Down by the Riversid " from July 9 thru August 20, 1995. Time from 7 -10 P.M. L'-' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 44�4 ` CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - June 19, 1995 Agenda Item C-8 Adopt Resolution No. 280-95 approving the Sound Amplification and waiver of time to 9:30 P.M. instead of 8 P.M. for the Third Annual Pig Roast for Essex Park. C-9 Approve the Accounts Payable in the amount of $3,694,647.66. List is on file with the City Clerk. C-10 Approve the appointment of a Police Officer ( Gregory J. Vanmoer ) in the Police Dept. contingent upon completion of the requirements. C-11 Approve the appointment of a Police Officer ( Lucian R. Krohling ) in the Police Department contingent upon completion of the requirements. C-12 Approve the appointment of a Police Office ( Todd A. Rubin ) in the Police Dept. contingent upon completion of the requirements. C-13 Adopt Resolution No. 281-95 setting a public hearing for July 17, 1995 on the proposed vacation by the City of Rochester to vacate a portion of 1st St.N.W. in connection with the Flood Control Program C-14 Adopt Resolution No. 282-95 setting a public hearing date of July 17, 1995 for a proposed vacation of a portion of Gates Drive S.W. by Michael Younge. C-15 Adopt Resolution No. 283-95 setting a public hearing for July 17, 1995 on the proposed vacation of a five foot wide utility easement located at 2314 16th Avenue N.W. ( Steven DeMarco ). C-16 Adopt Resolution No. 284-95 setting a public hearing date of July 17 1995 for a proposed vacation of a five foot wide utility easement located on Lot 1, Blk 3 of Kings Run Fourth Sub. ( Dakota of Roch.) C-17 Adopt Resolution No. 285-95 instructing the City. Clerk to advertise for bids on Project 9116-94 J 4360 Concrete Ditch Lining at Water Reclamation Plant and Project 6354-95 J 9346 Construct Low Flow Flume in Bel Air Drainageway on North Line of Elton Hills North Third Sub. C-18 Adopt Resolution No. 286-95 instructing the City Clerk to advertise for bids on Project 7502-95 J 2172 and Project 9306-94 J 2216 and Project 9011-95 J 2167 Storm Sewer Reconstruction and Concrete Ditch Lining S.E. C-19 Adopt Resolution No. 287-95 revoking 14th St. N.E. as a Municipal State Aid Street. C-20 Adopt Resolution No. 288-95 instructing the City Clerk to advertise for bids on Project No. 6214-4-95A J 2108 Overlay Bridge Deck on 14th St. N.W. Bridge No. 55524 over Cascade Creek. C-21 Adopt Resolution No. 289-95 approving the lease with Rochester City Lines for three 1995 Model Gillig buses No. 211,212, and 213. Ayes (7), Nays (0).Motion of the consent agenda carried. 1 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29- June 19, 1995 4485 Agenda Item D-1 Wishing to be heard was Sandy Cookman regarding the Community Youth Outreach. She presented information on the need for funding for the troubled children in our area. There is a great need for a good support system for these people and they need a halfway house. Ms. Cookman serves as a volunteer and sees a great need to help this cause. They would like the Council to consider giving them $5,000.00 to help establish funding for a halfway house. The Council took this under advisement. E-1 Councilmember Myhrom left at 7:55 P.M. Canfield moved, Stobaugh second to adopt Resolution No. 290-95 approving Amendment No. 3 to the Local Cooperation Agreement. Ayes (6), Nays (0).Motion carried. E-2 Canfield moved, Stobaugh second to adopt Resolution No. 291-95 approving the agreement with the State of Mn. and Olmsted Co. for the Oronoco Landfill. Ayes (6), Nays (0).Motion carried. E-3 Stobaugh moved, Evans second to adopt Resolution No. 292-95 approvin the Second Amendment to the Riverbend Agreement with Olmsted Co. Ayes (6), Nays (0).Motion Carried. Councilmember Myhrom returned - 8:00 P.M. E-4 Senjem moved, McConnell second to approve the change of the text of the Land Development Manual to define above and below grade swimming pools. Ayes (7), Nays (0).Motion carried.. E-5 Senjem moved, Stobaugh second to adopt Resolution No. 293-95 authorizing the Mayor and the City Clerk to execute.the State Aid Agreement for J 6916 Replacement of Phone cables. Ayes (7), Nays (0).Motion carried. E-6 Canfield moved, Evans second to adopt Resolution No. 294-95 approving the following resolution which was approved by the Public Utility Board: Approving a 5.4% average reduction in electric rates effective July 1, 1995 based on a cost -of -service rate decrease and three new rates entitled Dual Fuel Rate General Service Time -Of -Use Rate, and Medium General Service Time -Of -Use Rate as recommended in May by R.W. Beck and Assoc. Ayes (6), Nays (0). Councilmember McConnell abstained from voting. Councilmember McConnell is abstaining because he would like the reduction across the board and not give business more of a % then homeowners. Motion Carried. E-7 Canfield moved, Myhrom second to adopt Resolution No. 295-95 approving the request from the Aviary for a Sound Amplification Permit to hold Malibu: night on July 27, 1995. This is from 8 P.M. to midnight. Councilmember.McConnell stated that he is opposed and will vote Nay. Ayes (6), Nays (1). Councilmember McConnell voted nay. Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 44H6 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - June 19, 1995 Agenda Item E-8 Senjem moved, McConnell second to adopt Resolution No. 296-95 approving the awarding of the low bid for $64,250.00 from Gazda Mayflower to move the collection, furniture and equipment for the new Public Library. Ayes (7), Nays (0).Motion carried. E-9 McConnell moved, Stobaugh second to adopt Resolution No. 297-95 approving the Music Contract with Jere Lantz as the Rochester Symphony Music Dir. Ayes (7), Nays (0).Motion carried. E-10 McConnell moved, Stobaugh second to adopt Resolution No. 298-95 approving the Wetland Replacement Plan for the City of Rochester for 41st St. N.W. This is a replacement of one acre of wetland with two from approved wetland bank in Waseca Co. with the condition that credits be purchased prior to the grading and Construction that would fill the wetlands and a letter of purchase agreement or other record that shows the city has purchased the credits from the wetland bank. Ayes (6), Nays (1). Councilmember Evans voted nay. Motion carried. E-11 Senjem moved, Stobaugh second to adopt Resolution No. 299-95 approving the purchase fee title of 2,748 square feet of land identified as flowage easement in Parcels 371 and 379, Cascade Creek Flood Control Project for $1,375 from Paul Vrieze. Ayes (7), Nays (0).Motion carried. E-12 Canfield moved, Stobaugh second to adopt Resolution No. 300-95 approving a lease agreement for property at 815 6th Ave. N.W. with the rent to be $500.00 per month. Ayes (7), Nays (0).Motion carried. E-13 McConnell moved, Evans second to adopt Resolution No. 301-95 ordering Public Works to prepare a feasibility report on Extension of San. Sewer and Watermain in 23rd Ave. S.W. from 4th St, S.W. to Gates Drive in 5th St. SW from 500 Ft. E to 650 Ft. W of 23rd Ave. S.W. and Gates Dr. S.W. from 23rd Ave. S.W. to 200 Ft. W. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. E-14 Evans moved, Stobaugh second to adopt Resolution No. 302-95 ordering a feasibility report on the Extension of San. Sewer and Watermain in Riverview Sub. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. E-15 Councilmember Myhrom left the meeting at 8:30 P.M. Evans moved, Stobaugh second to adopt Resolution No. 303-95 and 304- 95 ordering a feasibility report and a hearing for July 17, 1995 on Project 6301-3-95 J 2248 Reconstruct/Rehabilitate 1st Ave. S.W. from 1st St. S.W. to 3rd St. S.W. Ayes (6), Nays (0). Motion carried. E-16 Stobaugh moved, Canfield second to adopt Resolution No. 305-95 approving the Parking Restriction - No Parking on Greenview Dr. S.W. on the Nly and Wly side adjacent to Lot 2, Blk 1 Green Meadows 6th Sub. Ayes (6), Nays (0).Motion carried. I RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - June 19, 1995 4487 Agenda Item E-17 Stobaugh mvoed, Evans second to adopt Resolution 306-95 approving the No Parking zone to read 8 1/2 St. S.E. on the S. side from 15th Avenue S.E. to a point 215 Ft. E. of 15th Ave. S.E. at all times. Ayes (6), Nays (0).Motion carried. E-18 Senjem moved, McConnell second to reject the bid of E.J. Bishop and Doyle Conner submitted for Sidewalk Project No. 1 J 9335 and readvertise them for July 12, 1995. (. Resolution No. 307-95 ). Ayes (6), Nays (0). Motion carried. E-19 Councilmember Myhrom returned - 8:34 P.M. Canfield moved, Stobaugh second to adopt Resolution No. 308-95 approving the advertisement for bids to be opened at 11:00 A.M. on July 12, 1995 on Project 9409 J 4889 Pond EPl-16 E of Co. Rd. 22 near Rochester Comm. College - Mayo Run - Ayes (7), Nays (0). Motion carried. E-20 Evans mvoed, McConnell second to adopt Resolution No. 309-95 approving the purchase of flowage easement of 13.57 acres in the SE 1/4 of. -Sec. 33-107-14 from Western Walls, Inc. for $14,250.00. E-21 Canfield moved, Stobaugh second to adopt Resolution No. 310-95 approving the Sound Amplification Permit for Tom Heimsness for 827 44th Ave. N.W. for July 1 from 4- 9 P.M. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Amending and Reenacting Sub. 1 of Sec. 50101 of the Rochester Code of Ordinances Relating to the Composition of the State Building Code applicable within the City was given its second reading. Stobaugh moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0)..Motion carried. F-1 An Ordinance Annexing to the City approx. 20.07 acres of land in a portion of the SE Quarter of the NW 1/4 of Sec. 18 T 106N R 13W (Property lying N and S of Pinewood Rd. S.E.)was given its second reading. McConnell mvoed, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. . F-1 An Ordinance Amending sections in 32.03 and .04 and 34.07,09,17 .25,.28, 35.05,.21,.22 and 38.06, .07 .12 and 18.13 of the Rochester Code of Ord. Relating to the Revisions to the Housing Board. This was given its first reading. G-1 The Land`Use Plan Amendment on the West side of Hwy 63 S. of 40th St. S.W. was brought back to the Council. Evans moved, Stobaugh second to reopen the public hearing set for July 17, 1995. This item was never tabled and thus the motion read as is stated. After Council discussion, it was noted that the developer would like the hearing for August 21 when the Zone change as well as this Land Use Plan could be acted on at that same meeting. .Having no further discussion, vote was taken on changing both items to Aug. 21, 1995 7:00 P.M. meeting. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4-4 8 g Adjourned Meeting No. 29 - June 19, 1995 Agenda Item H-1 anfield moved, Stobaugh second to approve the use of $3,500 from 0ntingency to fund study expansion on internet data processing. yes (7), Nays (0). Motion carried. H-2 WA 'he Entire Council recognized our City Administrator, Stevan E. ,venvold for winning the Leadership award given out by the League )f Mn. Cities at the annual meeting. This year the meeting was held in Duluth. The Council as well as staff appreciate working with 1r. Kvenvold and feel that he is very deserving of this award. A group of people wanted to visit with the Council on the crime etc. that is existing in the 1st-2nd St. area of S.W. in the 8-900 block. Those persons interested in informing the Council on such happenings are as follows: Andrew Jaconette 816, First St. N.W.; He gave the Council information on the Elite Management and Hartog ( Dennis ) selling real estate if he lost his license, etc. This will be checked out. Larry Swyer of 897 16th Ave. S.E. is Chairman of Crime Free Committee. and is with J and L Management. Dwight Crossfield of 824 Frist St. N.W.; Tom Beito 1140 First St. N.W.; Jim DelaCruz of 503 2nd St. N.W. - he is concerned about licensing of land lords and let the people get involved so that the good will prevail. Carol Jo King of 1014 5th Avenue S.E. is against licensing the landlords, put responsibility on the tenants. Mark Halbakken of 2527 15th St. S.E. pays enough license fees already and he is opposed to this. The Council will take this under advisement. Having no further business, Canfield moved, Evans second to adjourn the meeti.ng. Ayes (7), Nays (0).Motion Carried. -City Clerk 1