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HomeMy WebLinkAbout07-17-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - July 17, 1995 4497 Agenda Item A-1 B-1 B-2 B-3 B-4 B-5 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom ( 7:05 ), Senjem and Stobaugh. Absent: None. Mayor Chuck Hazama introduced visitors from the Commonwealth of the former Soviet Union who were here to learn more about the Social Security program and the social systems that we have in this country. The second presentation was given to Sandy Cookman by Helen Walser of the Zumbro Valley Mental Health Center. Ms. Cookman received this award because of her many hours of volunteer work in trying to teach the troubled youth in finding alternatives in life rather than look to drugs, thefts, etc. for a way of life. A Hearing on the proposed vacation by Dakota of Rochester to vacate the five foot wide Utility easement located on Lot 1, Blk 3 Kings Run Fourth Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved,Senjem second to adopt Resolution No. 347-95 approving the vacation. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation by the City of Rochester to vacat( a portion of 1st St. N.W. Having no one present that wished to be he< President Hunziker closed the hearing. McCOnnell moved,Stobaugh sec( to adopt Resolution No. 348-95 approving the request subject to the one cond-ition as listed on the RCA. Ayes (7), Nays (0).Motion Carrie( A Hearing on the proposed vacation of Michael Younge to vacate a portion of Gates Drive S.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt the Resolution No. 349-95 with conditions as listed on the RCA . Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation by Steven J. DeMarco to vacate the 5 foot wide utility easement located at 2314 16th Avenue N.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 350-95 approving the vacation. Ayes (7), Nays (0).Motion Carried. A Hearing on the proposed Project No. 6301-3-95 J 2248 - Reconstruc Rehabilitate 1st Ave. S.W. from 1st St. S.W.. to 3rd St. S.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 351-95 approving the project. Ayes (7), Nays (0). Motion carried. A Hearing on the Graffiti Removal of 1421 4th Avenue S.E. Tom Canan of the Rochester City Attorney's Office, Assistant Attorney wished to be heard and called on Officer Ken Gallion. RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, 4498 Adjourned Meeting No. 32 - July 17 OF THE COMMON MINNESOTA 1995 COUNCIL Agenda Item B-7 He asked him how long he has been with the Police Dept. He said since 1987. Did you observe Graffiti on property known as 1421 4th Avenue S.E. He stated that he had. The property owner was notified and had been given the "five days- reasonable time" that this was to be cleaned up. Mr. Canan asked Police Officer Gallion when the last time he noticed that this was not done: He stated that he patrol:lPd�the area on July 16, 1995 and it was still on the house. Mr. Canan presented photos of the house and this shows the graffiti still on the dwelling. These photos are made a part of this record. Having no one else present that wished to be heard, President Hunzikei closed the hearing. Senjem moved, McConnell second to approve the Findings of Fact as was drawn up by the City Attorney as follows: 1. The petitioner , Mina Pourzandvakil, owns a residence located at 1421 4th Avenue S.E. in the City of Rochester -which has been vacant and abandoned for at least several months. 2. That the Rochester Police Dept. became aware that gang related graffiti had been spray painted by unknown persons on the siding and on the box containing the electrical meters located in the rear of the residence approximately six months ago. 3. That the City Administrator's Office sent several notices to the petitioner pursuant to -the graffiti control ordinance requesting that petitioner remove the graffiti on the property but the petitioner failed to act upon these requests. 4. That Officer Ken Gallion observed that as of July 16, 1995 the graffiti was still present on the property. 5. That petitioner has not presented any evidence that the graffiti is not present on the property. The ORDER - Petitioner is hereby ordered to remove the graffiti from her property within a reasonable time which is set at 7 days after this order is mailed to her. Unless corrective action is taken within the time allotted, the Dept. of Public Works will remove the graffiti on her behalf and the costs of doing so will be added to her property taxes on the property. Ayes (7), Nays (0).Motion carried. A Hearing on the Annual Review of the Rural Service District Parcels. Having no one present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Evans second to adopt Resolution No. 352-95 approving the request. Ayes (7), Nays (0). Motion carried. A Hearing on the Property Housing Ordinance Amendments. Wishing to be heard was Tom Beito of 1140 lst St. N.W. and is in favor of the Ordinance. He stated that a vast amount of land owners are responsible but a few are not and they can cause a lot of trouble. Mike Fischer of 8 112 Avenue N.W. is opposed to this ordinance. At this time a point of order was called out from the audience. It was stated that this hearing was not published correctly. Pres- ident Hunziker stated that it was called by the Council and informal notices were sent. At this point, Councilmember Myhrom moved to have a second reading on this and renotify the people. This died.for a lack of a second and the hearing continued. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - July 17, 1995 4499 Agenda Item B-8 Wishing to be heard was Bill Lauliak of 1426 West Center St. He is in favor of the Ordinance also Charles Lecy of 1429 West Center Street does not think this is severe enough. Norton Maas of 1217 2nd St. N.W. is also in favor.Alfred Anderson of 622 Tudor Ct. N.W. He wants to make it easier for landlords to not get sued. If they have to deal with unruly tenants the landlords are at risk because of the various laws that protect the tenants. Gary Moline of 1211 lstSt. N.W. was concerned about putting more work on the Human Rights Commission. Steve Johnson of Rochester, Mn. of the Mn. Multi Housing stated that Landlords -land Tenants will have to be brought together into a review process and the City might want to consider appointing a task force to look into this if a problem occurs between landlord/tenant. Mark Halbakken of 2527 15th St. S.E. wanted this to hold the license holder responsible (owner) only and not the management co, A person from 719 3rd St. N.W. and his wife are in favor of this with a few reservations. If a house was damaged, there should be a cost limit to the repair where the tenants are responsible for half and.half/owner'. Property owners have just as much trouble breaking a lease as the tenant. This can be tough. Roy Newer of 929 lst St. S.W. is in favor. Wishing to be heard was Mike Corrigan of 847 lst St. N.W. and is in favor•_of this. - Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to approve the request and instruct the City Attorney to prepare an Ordinance for adoption. Having Council discussion,Councilmember Myhrom stated that he is against this because it needs fine tuning. There are imperfections and he would like to see these solved before an Ordinance is adopted. Councilmember McConnell stated that even if it is not perfect it is a start and it can always be amended. Councilmember Canfield agreed as did Senjem and Stobaugh. Vote was taken, Ayes (6), Nays (1). Councilmember Myhrom voted nay. Motion carried. C-1-17 Stobaugh moved, Senjem second to approve the following Consent Agen C-1 Approve the minutes of the June 19, 1995 meeting. C-2 Approve the following licenses and bonds: ON SALE 3.2 Beer - Olmsted Co. Agi. Assoc. Olmsted Co.Fair. July 31 - Aug. 6, 1995. CIGARETTES -OTC - Olmsted Co. Agi. Asso. Olmsted Co.Fair GAMBLING - ONE DAY OFF SITE PERMIT - American Legion Post 92 Raffle At Bear Creek Park-8-13-95 GAMBLING TEMP. Minnesota Sheriffs' Association at Radisson Plaza Hotel Roch.Mn. 12-5-95 SIDEWALKS -CEMENT -:Dennis Emery Masonary Holmen, Wis. MISC. Rochester Area,Disabled Athletics Rec. Inc. Wheel -A -Thou July 29, 1995.; Mayo High School Homecoming Parade 10-6-95 Rochester Track Club Running Race for Women 7-22-95. C-3 Adopt Resolution No. 353-95 approving a Sound Amplification Permit from the Olm.Co.Fair for July 31-Aug. 6 -8 A.M. to 1 P.M. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _. CITY OF ROCHESTER, MINNESOTA _4,5 O O Adjourned Meeting No. 32 - July 17, 1995 Agenda Item C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C1 2 C-13 C-14 C-15 C-16 C-17 A motion was made' for approving a Sound Permit for Evangel United Methodist Church for Aug. 13-20, 1995 A motion,was_'.made.for approving a Sound Amplification Permit for IBih-for a picnic to be held at Essex Park on July 19 from 11:00 A.M. to 4:00 P.M. A motion was made.,for--- .'- = = approving a Sound Amplification Permit for Trinity Lutheran Church from 10:00 A.M. to 3:00 P.M. July 23, 1995 at Cooke Park. Approve the request for a House Moving Permit for Brian and Diane Olson and Robert Burns from 1907 1st St. N.W. to 1915 1st St. N.W. Janesville, Mn. Approve the Accounts Payable in -the amount of $1,240,353.59 - file is in the City Clerks office. This is a semi-monthly report. Adopt Resolution No. 354-95 closing completed improvement Projects and transferring the unexpended balances in the amount of $245,251.78. Approve the appointment by Mayor Hazama of Lynn K. Lee of 1716 8 112 St. S.E. to the Housing and Redevelopment authority effective until Jan. 1998. Adopt Resolution No.355.,-95 authorizing execution of a Drainage Easement to Glendale Partners. Adopt Resolution No.356.-95.setting a hearing date of August 21, 1995 for a proposed vacation of a Utility easement by Plaza 41 Northwest, Inc. on Lot 1, Blk 1, Plaza 41 Northwest. Adopt Resolution No. 357-95 approving a lease agreement for the property at 433 loth St. N.W. at $425.00 per month plus utilities ,for one year. Adopt Resolution No. 558-95 authorizing the City Clerk to advertise for bids on Project 6214-4-95A J 2108 Overlay Bridge Deck on 14th St. N W B dd e 55524 over Cascade creek. Bids to be opened -11:00 A.I August•16,1�9 - - Adopt Resolution No.-359 m95authorizing the City Clerk to advertise for bids on Project 6241-94 J 9282 Street Resurfacing , Curb and Gutter 41st St. N.W. Bids to be opened 11:00 A.M. Aug. 16, 1995. Adopt Resolution No. 360-95 setting a hearing for Aug. 7, 1995 on Sidewalk Replacement Project 8-1995 J 9354 - Elton Hills area. Resolution No. 361-95 was also adopted. Adopt Resolution No. 362-95 and 363-95 ordering a hearing and approving the feasibility report on Sidewalk Reel. cement 9-;9?5 J 9355 Co. Club Manor area. The hearing will be Aug. 7, 1.9 . 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting.No. 32 - July 17, 1995 4501 1 Agenda Item D-lA D-1B D-2 E-1 E-2 E-3 Councilmember Myhrom asked the Council if they would mind if the Council meeting set for September 4, which is Labor. Day and normally would be held on Wednesday, September 6 could be held on Sept. 5, 1995 ( Tuesday ) because he is not going to be in town on Sept. 6. Council agreed that September 5, 1995 ( Tuesday ) would be O.K. and directed staff to notify people accordingly. Myhrom moved, Senjem second to reconsider the action or. July 5, 1995 of the amendment for PUD for Cir-Kit Concepts. Ayes (4), Nays(3). Councilmembers Evans, Stobaugh and President Hunziker voted nay. Motion carried. Councilmember Myhrom stated that he has no problem with a wording "professional office"being the name of the business omitting "law". Councilmember Evans walked in the neighborhood and they would support what the Council adopted, and nothing else - Councilmember McConnell stated that he would stay with the wording "Professional Law office" as well as Councilmember Canfield. Robert Adams of 1412 4th Avenue N. W. was present and stated that he is still opposed and lots of the neighbors around him are opposed to this change of wordage. John Hunziker stated that this PUD was put into the area as a protection to the people and he is confident that the Council would want to have this come back to them if a use is ever changed from "Professional Law Office". After further Council discussion, Senjem moved, Myhrom second to refer this back to Planning for them to set a public hearing. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to initiate the rezoning request for the entire Skyline Drive S.W. and refer the matter to the Planning and Zoning Commission for review and recommendation. Ayes (7), Nays (0).Motion carried. Cnafield moved, Stobaugh second to approve moving $2,533.00 from the Contingency Acct. to the Music Dept. for the purchase of requested radio equipment.Ayes (7), Nays (0).Motion carried. Evans moved, Stobaugh second to approve the Petition to rezone a portion of the West Side Neighborhood - bounded by West Center St. , llth Avenue N.W., 4th St. N.W. and 6th Ave. S.W. to R-1 and refer this to the Planning and Zoning Commission for review and recommendation. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to accept two donations to the Police Dept. totalling $300.00 Budget Code 11130. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4502 Adjourned Meeting No. 32 - July 17, 1995. Agenda Item E-4 E-5 E-6 E-7 E-9 E-10 E-11 E-12 E-13 McConnell moved, Stobaugh'second to adopt Resolution No..364-95 authorizing the City Clerk to advertise for bids for the constructio of the.Animal Shelter. Bids to be opened on Aug. 16, 1995 at 2:00 P.M. Ayes (7), Nays (0).Motion carried. McConnell moved, Stobaugh second to adopt Resolution No. 365-95 approving the sale of the Old Library to James Paulson in the amount of $276,000 for the Library Building.. Ayes (7), Nays (0). Motion carried. Canfield moved, Evans second to adopt Resolution No. 366-95 approving the change of name from the Rochester Muncipal Airport to Rochester International Airport. Ayes (7), Nays (0).Motion carried. Evans moved, McConnell second to adopt Resolution.No. 367-95 approvi the State Aid Agreement for Maintenance and Operation of the Airport.Ayes (7), Nays (0). Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 368-95 acceptin a quotation from Cardinal Tracking in the amount of $13,247. and authorize the funding of $30,290 from Parking Enterprise reserves to complete the project. Ayes (7), Nays (0). Motion carried. Senjem moved, Stobaugh second to instruct the City Attorney to amend the Ordinance Chapter 46 Sec. 46.02,03 and.04 relating to planting and caring of trees and grass in the boulevard areas. Ayes (7), Nays (0).Motion carried. Evans moved, McConnell second to approve the hiring of Bob's Construction to complete repair work on 8.City rental units as listed on the Request for Council Action in the lump.sum of $25,423.00. Ayes (7)9 Nays (0).Motion carried. Stobaugh moved, Senjem second to adopt Resolution No. 369-95 approving the Parking Restriction .on 6th Ave. S.E./ 300 blk to No Parking. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to adopt Resolution No. 370-95 approving the Parking changes near St. John's Grade School as listed on the resolution. Ayes (7), Nays (0).Motion carried. Discussion was held on the Parking restriction on 4th St. S.E./ 6th Avenue to loth Avenue S.E. Bob Gander would like parking to remain on the south side. The recommendation was for the north side. The houses with parking problems were equal north/south. Stobaugh moved, McConnell second to leave parking on the north side with a recommendation that staff look into the possibility of parking stalls for the people on the south side. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - July 17, 1995 COUNCIL 4503 Agenda Item E-14 Stobaugh moved, Canfield second to adopt Resolution No. 371=95 approving residential permit parking for 6th Avenue S.E./ Center St. to 4th St. Ayes (7), Nays (0).Motion carried. E-15 Senjem moved, McConnell second to adopt Resolution No. 372-95 amending the abatement policy for special assessments to include abatements for excessive length sanitary sewer and water service connections. Ayes (7), Nays (0).Motion carried. E-16 Stobaugh moved, Canfield second to adopt Resolution No. 373-95 awarding the low -bid of The Treehouse for Proejct 9409A J 4889 Plant Restoration Pond E of Co. Rd. 22 near Rochester Community College ( Mayo Run ). Ayes (7), Nays (0).Motion carried. E-17 McConnell moved, Evans second to approve the low bid of Doyle Conner Co. for.New Sidewalk Construction project 1-1995 i 9335 in the amount of $35,508.20. Ayes (7), Nays (0).Motion carried. Res. 374-95 was adopted. E-18 Senjem moved, Evans second to adopt Resolution No. 375-95 awarding the low bid of $184,409.80 to Elcor Construction Co. for Project Storm Drain at Mayo Run J 2172; Low Flow Flume J 2116 and Concrete Flume J 2167.Ayes (7), Nays (0).Motion carried. E-19 Stobaugh moved, Canfield second to adopt Resolution No. 376-95 award ing the low bid of $97,716.65 for Project9116-94 J 4360 - Low Flow Flume, BelAir Drainageway and Concrete Ditch Lining.for the Water Reclamation Plant.' Ayes (7), Nays (0).Motion carried. E-20 Evans moved, McConnell second to authorize the entering into contracts with EBP Health Plans for the Medical and Dental Insurance Adm. and Mn. Mutual for the Life Insurance. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Ord. 1466 Relating to the Designation of certa Lands in the City of Rochester as part of the Rural Service District was given its first reading. Canfield moved, Evans second to suspend the rules and give this a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, McConnell, Myhrom, Stobaugh and President Hunziker all voted aye. Ayes (7), Nays (0).Motion carried and the Ordinance was given its second reading. Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sections 38.01,02,108 and enacting Sec. 38.025; 38.110, 38.151, and 38.153 of the RCO relating to the requirement for the suspension of revocation of the rental property registration certificate. Ayes (7), Nays (0).Motion carried.. in RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 5 O 4- Adjourned Meeting NO, 32 -July 17, 1995 Agenda Item F-1 F-1 F-1 F-1 An Ordinance Amending 49.02-46.04 of the RCO Relating to the Planting and Care of trees and grass and other permitted activities in the Boulevard area. This was given its first reading. An Ordinance Amending Sec. 138.02 of the RCO Relating to the Criteria for the establishment of a residential Permit Parking Zone. This was given its first reading. McConnell moved, Stobaugh second to adopt Resolution No. 377-95 aF ing an owner contract with McGhie and Betts, Inc. for Basic Construction Phase 2 in Golfview Estates Sub. Ayes (7), Nays (0). Motion carried. Canfield moved, Stobaugh second to adopt Resolution'No. 378-95 approving an Owner Contract with McGhie and Betts, Inc. for Basic Construction Wilowridge Manuf. Home Park.Phase IX J 9351. Ayes (7),Nays (0).Motion carried. Having no further business, Canfield moved, Stobaugh second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City. Clerk v- 1