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HomeMy WebLinkAbout12-06-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meetinq No. 44 - December 6, 1995 4571 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:None. President Hunziker presented the City Clerk one dozen red roses for the many years she served the City of Rochester and the last 22 years as City Clerk. The City Clerk is present at all Council meetings conducted by the Common Council. The City Clerk is grateful for the opportunity to serve the City and has truly enjoyed her position and the.duties it entails. She thanked the Council for this recognition. B-1 JA Hearing in the Truth -In -Taxation for the proposed 1996 Budget and Tax Levy. Stevan E. Kvenvold, City Administrator went over the budget with members of the Common.Coucnil and the interested parties in the Council Room. He stated that the proposed 1996 budget programs expenditures of $71,917,526 and would require a tax levy of $14,750,000. Facts and Figures are printed in a "budget book" and are available in City. Hall for further review and information. Wishing to be heard was Norm Nelson of 5618 26th Ave. N.W. and is not pleased with the budget as presented. He stated that the City is not doing a very good job managing "his" money. He is also concerned about the salaries of the public employees. Wishing to be heard were William Stastino and Melanie Schaulis of Damon Court S.E. and Jim Griffin at 3625 Third Place N.W. They are students at John Marshall High School and presented the Council with a petition containing over 2,100 signatures all of them request- ing the Public Library to stay open and not close as was mentioned during budget hearings. They stated that options wQr to recruit more volunteers, raise the price of fines and employ more part-time people. They urged the Council to give this serious consideration. President Hunziker commended the students for their magnificent presentation and would give their suggestions consideration. Wishing to be heard was John Reidenbach, Rochester,Mn. and is also concerned about the taxpayers money and the salaries of the public employees. He also is in favor pf hiring private companies to do the work in areas that can be privatized. Wishing to be heard was Roy Sutherland of 1001 Chalet Drive. He stated that his City portion of his taxes are $320.00. For this money he was given Police protection, Fire Protection, street maintained and snow plowed in a timely manner. He also received entertainment in the band concerts in the summer and concerts available to him in the entire year. Many many sports events, ice rinks, tennis courts, and picnic areas as well as many golf courses. He enjoys the flowers in downtown Rochester and other park areas, He enjoys the decorations, skyways, and many many more things the City provides. He stated that he pays $288.00 per year for cable, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 45'72 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 44 - December 6, 1995 Agenda Item B-1 ME He pays $285.00 for car brakes on his son's car, etc. He thinks he is getting his rsioney'sworth in the City portion of his taxes. He received support in the audience with several clapping of hands. Councilmember McConnell stated that if the budget was $400,000. less would these services disappear. Mr. Sutherland stated that some of the probably would not and that the City is working toward smarter and better, and using the private sector is working. He stated that a park was opened by involvment by the private sector doing fund raising. Councilmember McConnell stated that he went door to door during his election campaign and he stated that taxpayers do not want taxes to go up. Councilmember Myhrom stated that the Commercial/Real Estate Taxes are very high and he feels that they do not get their money's worth. Frank Wise of 416 32 St. N.E. wished to be heard and was concerned about the large jump in his taxes. Gary Neumann, Assistant City Adm. stated that he would call him and explain what might have happened . Also wishing to be heard was Vince Herring of 5500 Hwy 63 South and was also concerned about the jump in his taxes. Mr. Neumann will also call him to see what explanation might be for this increase. Also wishing to be heard was Jean Huberty of Point of View -728 1st Ave. S.W. and he is also concerned about the high taxes in the City. Wishing to be heard was Robert Beery of 623 28th St. N.W. and is speaking on behalf of the Library Board. He also commended the students for the excellent presentation. He stated that they will do what they can to accommodate the public and still operate under the budget the Council approves for them.He will get back to the students and will look at their suggestions. Having no one else present that wished to be heard, President Hunziker closed the hearing. No action will be taken until the December 18, 1995 meeting. Comments will still be accepted by the public in letter or phone. A Hearing on the Americans with Disabilities Act (ADA ) Paratransit Plan Update. Wishing to be heard was Bill Holden of 4320 28th Ave. N.W. and is ADA coordinator and is in favor of this. They have reviewed this and stated that the City has been in compliance since 1993. Wishing to be heard was Tony Knauer of the Public Works Dept. and is present for any questions the Council may have. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting N o. 44 - December 6, 1995 4573 Agenda Item B-2 Having no one else present that wished to be heard, President Hunzik( closed the hearing. Senjem moved, Stobaugh second to adopt Resolutior 620-95 approving the plan. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Proposed Fare Increases for Rochester City Lines and ZIPS Dial -A -Ride. Having no one present that wished to be heard, President.Hunziker closed the hearing. Evans moved, Stobaugh second to adopt Resolution No. 621-95 approving the request. Ayes (7), Nays (0).Motion Carried. B-4 A Hearing on the Permit Parking Petition Meadow Park Neighborhood... Wishing to be heard was Lowell Siem of 608 14.1/2 St. S.E., Steve Riley of 617 15th St. S.E., Dave Mortell of 623 15th St. S.E. Rachel Nigbur of 1402 loth Avenue S.E. and a resident of 4440 14th Avenue N.W. ( owns property in the area ), Curt Nelson of 1404 9th Avenue S.E. and a resident of 611 15th St. S.E. and of 925 15th St. S.E. and Ken Brooks of 1424 loth Avenue S.E. These people have the joint concerns that allowing student parking in the area ihas created.littering, no parking for the people living in the area, vandalism, loitering in other people's apartment houses, abuse to animals as well as no respect for the people living in the area in which they are parking. Smoking has also become a fire hazard - in one case a cigarette was flipped into a washing machine that had clothes in it. The people in the audience were concerned that this permit parking would be extended all the way to 6th Ave. and by taking a poll of the people in attendance they agreed that if permit parking was extended to 8th Avenue that would be O.K. for now and if it needed to be enlarged, then they would be back. Having no one else present that wished to be heard , President Hunziker closed the hearing. David Rossman, Traffic Eng. with Public Works Dept. stated that the number he needed for the petition for this permit area was still large enough if they dropped anything beyond 8th Ave. S.E. Myhrom moved, Senjem second to adopt Resolution No. 622-95 approving the request but stop at 8th Avenue S.E. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Appeal by Patrick Wildt appealing the decision of the Zoning Board of Appeals which denied a variance to allow a storage shed to be located outside of the designated "buildable area" on the Arborglen Sub. Plans. Wishing to be heard was Patrick Wildt of 4521 Glen Lane N.W. and stated that he was before the Homeowners Assoc. and those in attendance had no problems with the placement of this shed. He stated that the required footage was 10 feet from the property line and his is only 4 1/2 Ft. He has no problems with the neighbors. Councilmember Canfield stated that this is a very small change and that the Homeowners Association has heard this from Mr. Wildt. r 4574 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 44 - December 6, 1995 Agenda Item B-5 Councilmember McConnell stated that he went over and looked at this and it seemed to be in a better place now. Mr. Terry Adkins, City Attorney asked if this was a zoning matter or homeowners convenant or what. He was told that it was a zoning matter and also homeowners covenant and that is why it went before the Zoning Board of Appeals because he is in violation of the Zoning code Wishing to be heard was Jon Eickoff of 4519 Glen Lane N.W. and is in support of his request to secure this variance. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, McConnell second to reverse the decision of the Zoning Board of Appeals and allow Mr. Wildt to leave his shed on.the 42--f.t.. from the property line. Exceptional circumstances, topography, reasonable use of the land, absence of detriment and hardship were reasons given for this motion. Ayes (7), Nays (0).Motion carried. C-1 & 3-5 & 7-1.0 Evans moved, Stobaugh second to approve the following consent agenda items: C-1 Approve the minutes of the November 20;.1995 meeting. C-3 Approve the donation of $500. from Dee Oresek and the Philip Morris Co. to the Rochester Police Dept. for awards and plaques. C-4 Adopt Resolution No. 624-95 approving the Change Order No. 1 with Sign Solutions Inc. in the amount of $1,946.16 for additional terminal signs at the Rochester International Airport. The funding is 1/3 City 2/3 State. C-5 Approve. the Accounts Payable in the amount of $3,324,819.50. File is in the City Clerks Office. C-7 Adopt Resolution No. 625-95 authorizing the payment of $1,544.00 for work covered by Supplemental Agreement No. 1 for Handicap Ramp Project No. 6-1995 J 9343. C-8 Adopt Resolutions No. 626-95 and 627-95 approving the feasibility report and ordering a public hearind for Jan. 3, 1996 on Project No. 6205-4-96 J 9360 - Ext. of San. Sewer and Watermain in future 5th St. N.W. from Approx. 300 Ft. W. of 43rd Ave. N.W. to Approx. 2,200 Ft. W. of 43rd Ave. N.W. C-9 Adopt Resolution No. 628-95 approving the adding of Para. 7 to Zone P General of Sec.0 Special Parking Zones of Comp. Traffic and Parking Res. book as follows: 7) 3rd Ave. S.E. on the E. Side 20 Ft. more or less, in front of the premise 1334 3rd Ave. S.E. - one stall for Handicapped parking. C RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Reqular Meetinq No. 44 - December OF THE COMMON COUNCIL MINNESOTA 6, 1995 4575 Agenda Item C-10 Adopt. Resolution No. 629-95 approving an agreement with Bethel Lutheran to establish a park and ride lot in 1996 in the 800 block of 3rd Avenue S.E. C-6 This was questioned by Councilmember Senjem. He wanted to know what a 80,000 lb Lowboy Tri-Axle Trailer was. He was informed and this item was included in the above Consent agenda motion. Resolution No. 630-95 was adopted and bids are approved and the City Clerk is authorized to advertise. Bids to be opened at 11:00 A.M. on December 20, 1995. Ayes (7), Nays (0).Motion carried. C-2 Councilmember Myhrom had,a question on the request for a Revocable permit for Rochester / Olmsted Community Housing Partner- ship. He moved to deny this. Having no second, after discussion by the Council, Stobaugh moved, Canfield second to approve the revocable permit for the Rochester New Hope Corporation for the garages in the utility easement in Lots 3 and 4 Northgate Third Addition. .This is just electric lines over a garage. Council - member Myhrom is opposed to any of these types of requests from government sponsored or involved housing. Ayes (6), Nays (1). Myhrom voted nay. Motion carried. Res. 630A-95 was adopted. D-1 Larry Yenter of 514 9th St. S.E. wished to be heard and stated that the Council had given him permission to build a carport. It was to be open. However, when he went to the Building and Safety Dept. they wanted walls sheet -rocked etc. and since he can't have his carport closed, he is back to the Council for advice. This will be looked into by Gary Neumann, Assistant City Adm. and will get back to Mr. Yenter hopefully with a solution. Councilmember Stobaugh removed himself from this discussion. D-2 Paul Myhrom of 431 4th Avenue S.E. and is a citizen as well as Councilmember wanted to speak on a recent proposal for the members of the Combination Fire Dept.Study Committee to participate in the Chadwick consensus process. Mr. Myhrom would like to see an audit of what monies have been spent on this so far. Councilmember McConnell stated that he went to a couple of Chadwicks meetings and did not get anything out of it at all. He thinks it is a waste of money too. Council took this under advisement. E-1 Senjem moved, Stobaugh second to approve the transfer of $5,144.00 from the 1995 Contingency Acct. to the City Attorney's budget for the purchase of a CD -Rom United States Code Service. This money is for a three year fee. Ayes (7), Nays (0).Motion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4576 Regular Meeting No. 44 - December 6, 1995 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 E-9 E-10 Canfield moved, Evans second to adopt Resolution No. 631-95 approving the Rochester Airport Operating Agreement with the Rochester Airport Company. Ayes (7), Nays (0). It is mentioned that Councilmembers Senjem and Stobaugh work for the Mayo Clinic. Evans moved, Stobaugh second to adopt Resolution No. 632-95 approving a qualifying local contribution of 10% for the Quest International Project. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to adopt Resolution No.632A-95 to amend the contract with TSP Architects and Eng. for the Animal Shelter Design Contract by increasing it by $3,990.00 for services provided outside of the scope of the original contract. City Adm. stated that it had been done and they recommended approval. Ayes (5), Nays (2). Councilmembers McConnell and Evans voted nay. Motion carried. McConnell moved, Stobaugh second to approve Change Order No. 1 and 2 which will reduce the Floyd Larson Construction contract by $2,233 for the New Animal Shelter. Ayes (7), Nays (0).Motion carried. Resolution No. 6326-95 was adopted. The request for an On -Sale Int. Exclusive Liquor License for Todd Powers DBA Valencia was pulled from the agenda. No further action was taken at this time. Senjem moved, Stobaugh second to approve the execution of letters of engagement to audit both the City's general purpose financial statements and the City's Urban Mass Transportation Program for the fiscal year ending Dec. 31, 1995. This is with Smith Schafer and Assoc. Ltd Rochester, Mn. Ayes (7), Nays (0).Motion carried. Discussion was held by the Council on the request for a new custodial position at the New City Hall. It was told to the Council by City Administration and Personnel that new technical equipment such as heating, air-conditioning, etc. and the doubled floor space. to keep clean and maintained makes this position necessary. Councilmember Evans wanted to know if a lower salaried person could fill this position. He was told that for what the City expects this person to know and do, no. After further discussion, Senjem moved, Stobaugh second to approve the request and hire this person as budgeted for by the 1996 budget. Ayes (7), Nays (0).Motion carried. Assessment Agreement and levying of assessments for 603 4th St. S.E. Project J 2230 was pulled from this agenda. Canfibid-moved, Stobaugh second to table this. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 633-95 approving the 1996 ZIPS Funding Conracts. Ayes (7), Nays (0).Motion carried,. 1 RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . ' CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 44 - December 6, 1995 4577 Agenda Item F-1 An Ordinance Amending Sec. 17.00 of the Charter of the City of Rochester relating to the publication and posting requirements for vacations of public.interests was given its second reading. Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Stobaugh moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. Again, it has been a pleasure to serve you as City Clerk this past 22 and 1/2 years. l City Clerk 1