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HomeMy WebLinkAbout12-18-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4578CITY OF ROCHESTER, MINNESOTA Agenda Item A-1 B-1 - •PIFI��PIPPI�LLz �����iz iiii=i-i��� �F�r President Hunziker called the meeting to order at 7:00 P.M. with the following members present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent: None. A Hearing on the Adoption of the 1996 Tax Levy, 1996 Budget, and 1996-2001 CIP. Wishing to be heard was John Reidenbach, 2001 Fifth Avenue N.W., questioning CIP expenditures in the proposed 1996-2001 CIP budget. A.T. Shannon, 1645 Eighth Avenue S.E.; Connie Dammen, 1721 Tenth Street N.E.; Rob Redmann, 4059 Fifth Street N.W.; and Bill Weis, 5807 Edelweiss Lane N.W., all voiced their concerns about the two positions not filled for maintenance of the Flood Control Project and the suggestion of the Council to "privatize" the work. Jim Franck, Business Agent of Local 49, expressed his concern about the privatization of the flood control project and reminded the Council of the rules and regulations on part-time persons. Jim Davis, 916 22nd Street S.E., asked the Council what the cap on the insurance required would be for the part-time workers. Connie Dammen, 1721 Tenth Street N.E., again spoke expressing her dismay at the dollars put into the flood control project as a "showplace" and the lack of concern over the maintenance of the project. Having no further persons wishing to speak, President Hunziker closed the hearing. Councilmember Evans moved, Canfield seconded, to approve the adoption of the 1996 Tax Levy, 1996 Budget and 1996-2001 Capital Improvements Project. Discussion. Councilmember McConnell stated that he was voting against the motion because of six reasons: contingency fund, 1210 account, Music department, salaries for top level individuals, contractual services and hiring freeze. Councilmember Myhrom agreed with the majority of Councilmember McConnell's reasons. Councilmembers Evans, Senjem, and Stobaugh voted for the adoption of the budget even though they weren't in full agreement and hoped that something could be done in the future. Adoption of 1996 Tax Levy, 1996 Budget and 1996-2001 CIP, Resolutions No. 634-95, 635-95 and 636-95. Ayes (4), Nays (2). Councilmembers McConnell and Myhrom voted nay. Motion carried. Recognition was given to two groups of students present in the audience: students from Mayo High School and Boy Scout Troop No. 95. 1 [1 RECORD OF OFFICIAL PROC.EEQIIGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4579 Regular Adjourned K ecem er 18, 1995 Agenda Item B-2 IA Hearing on Final Plat #95-11 to be known as Edenborough Estates Common Interest Community Number 133 Second Supplemental CIC Plat. Bill Tointon, from McGhie and Betts, the architects, was present to answer any questions the Council had. Having no one present that wished to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution 637-95. Ayes (7). Nays (0). Motion carried. B-3 A Hearing to Amend the 1995 Final Statement - Community Development Block Grant (CDBG) Program. Having no one present that wished to be heard, President Hunziker closed the hearing. Councilmembers Myhrom moved, Evans seconded, to approve the Final Statement. Ayes (7), Nays (0). Motion carried. C-1-9 Councilmembers McConnell moved, Evans seconded, to approve the items C-1 to C-9 as follows: C-1 Approve the minutes of the December 6, 1995 meeting. C-2 Adopt Resolution No. 638-95 approving the change order in the amount of $485.00 with Embury Ltd. for Library furniture. C-3 Adopt Resolution No. 639-95 approving five-year Airport car rental agreements with Hertz, Avis, National and Budget. C-4 Approve the following licenses and bonds: Single Dance Rochester Moose Lodge #2128, Rochester Gambling - Premise Permits Rochester Moose Lodge #2128, Rochester Eagles Aerie #2228, Rochester Rochester Juvenile Hockey Association Mugzee's, Incorporated, Rochester North Star Bar, Rochester C.J.'s Midtown Lounge, Rochester Gambling - Temporary Rocky Mountain Elk Foundation of Byron at Radisson Hotel - 2/17/96 Sign Installation Sign Productions, Cedar Rapids, Iowa Miscellaneous Street Use Minnesota Multiple Sclerosis Society Annual Super Cities Walk - 4/14/96 C-5 Approve the Accounts Payable in the amount of $1,030,850.18. List on file with the City Clerk's Office. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4580 CITY OF ROCHESTER, MINNESOTA Agenda Item C-6 Adopt Resolution No. 640-95 approving agreements with the State of Minnesota to accept funds totalling $600 for the Fire Department who provided HazMat training sessions in September and October of 1995. C-7 Adopt Resolution No. 641-95 approving the ROCOG Cooperative Agreement for Rochester Public Works Department participation in the 1996 ROCOG Transportation Planning Work Program. C-8 Adopt Resolution No. 642-95 approving the Assessment Agreement for Brian and Wynn Young for Projects J-9173 and J-9265. C-9 Adopt Resolution No. 643-95 approving an agreement with Agronomy Services Plus, Incorporated to continue consulting services in 1996 for land application management of biosolids from the Water Reclamation Plant. Ayes (7), Nays (0). Motion Carried. D-1 Wishing to be heard was Shaun Palmer, 4226 Eighth Street N.W., requesting information about the request to amend the personnel policy on political activity and municipal government. Mr. Palmer was informed that the next item on the agenda dealt with the question he was posing. E-1 Councilmembers Myhrom moved, Evans seconded, to amend the present personnel policy on political activity and municipal government to allow an employee an unpaid leave of absence should the employee be selected to fill a Councilmember vacancy. Discussion. There was question from Councilmembers as to the incompatibility of a person requesting to fill a vacancy or run for an office while taking a leave of absence. Mr. Adkins stated that the issue before the Council is whether it wants to allow a leave of absence for persons whose positions are incompatible. Ayes (3), Nays (4). Councilmembers Canfield, Hunziker, Senjem and Stobaugh voted nay. Motion failed. E-2 Councilmember Stobaugh excused himself from the table due to personal reasons. Councilmembers Senjem moved, Canfield seconded, to reconsider the decision of the Zoning Board of Appeals in the matter of a carport for Mr. Larry Yenter. Ayes (6), Nays (0). Motion carried. Councilmember Stobaugh returned to the table. President Hunziker stated that Gary Neumann suggested that the matter be referred back to the Zoning Board of Appeals, with no additional charge, and let them further discuss the matter and bring something back to the Council to be acted on. Councilmember Evans felt that the matter should be voted on immediately; he noted that it's winter and that was what Mr. Yenter wanted the carport for in the first place. Councilmembers Senjem moved, Canfield seconded, to remand the item to the Zoning Board of Appeals for further action. Ayes (4), Nays (2). Councilmembers Evans and McConnell voted nay. Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4581 Regular Adjourned - December 18, 1995 Agenda Item E-3 Councilmembers Senjem moved, Stobaugh seconded, to approve the Revolving Fund Guidelines as proposed to create allow for the funding of additional industrial economic development projects. Ayes (7), Nays (0). Motion carried. E-4 Councilmembers Evans moved, McConnell seconded, to adopt Resolution No. 644-95 approving a $40,000 loan to Rochester Meats from the Revolving Loan Fund for a term of three years at the interest rate of 6 percent contingent upon reaching an agreement on the terms of a loan agreement prepared by the City. Ayes (7), Nays (0). Motion carried. E-5 Councilmembers Stobaugh moved, Senjem seconded, to carry over the 1995 tax credits into 1996 for Homestead Village apartments which contains the City's original $128,624.00 and additional MHFA monies of $169,400.00. Ayes (7), Nays (0). Motion carried. 644A-95 E-6 Councilmembers Canfield moved, Stobaugh seconded, to adopt Resolution No. 645-95 approving the City Employee Parking and Transit Plan dated November 9, 1995. Ayes (7), Nays (0). Motion carried. The effective date of implementation of the plan will be January 1, 1996 for Library employees and February 1, 1996 for LEC and new City Hall employees. E-7 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 646-95 authorizing the Mayor and City Clerk to enter into a Consulting Services agreement with Olmsted County for a remedial investigation and feasibility study and possible remedial action plan at the old Rochester Landfill as required by MPCA. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 647-95 authorizing the Mayor and City Clerk to execute lease agreements and establishing rental rates for 1996 City -owned rental units. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Stobaugh moved, Evans seconded, to approve the signing of a settlement agreement on Pine Ridge Estates First and Second Subdivision by DKMC Development by the Mayor and City Clerk, authorize staff to prepare an assessment agreement between the City and Developer and adopt Resolution No. 648-95 levying the proposed assessments. Ayes (7), Nays (0). Motion carried. E-10 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 649-95 levying the proposed assessments on Project No. 6231-95 1-9350 "Extension of Sanitary Sewer and Watermain in 31st Street N.E. From 3rd Avenue N.E. to Trunk Highway No. 63". Ayes (7), Nays (0). Motion carried. E-11 Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 650-95 ordering the preparation of the assessment roll and Resolution No. 651-95 ordering a hearing on January 17, 1996 for Sidewalk Replacement Project No. 8 - J-9354, Elton Hills Area. Ayes (7), Nays (0). Motion carried. ;, x RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4582 CITY OF ROCHESTER, MINNESOTA Agenda Item E-12 F-1 G-1 H-1 H-2 Councilmembers Senjem moved, Myhrom seconded, to adopt Resolution No. 652-95 approving the contract with Rochester City Lines for 1996 in an amount not to exceed $880,410. Ayes (7), Nays (0). Motion carried. An Ordinance rezoning certain property and amending Ordinance No. 2785, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, said land consists of approximately 143 acres lying east of Trunk Highway 63 (Hexum property), was given its second reading. Councilmembers McConnell moved, Myhrom seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to remove the following items from the table: Assessment Agreement and Levying of Assessments, 603 Fourth Street S.E., Project J-2230. Ayes (7), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 653-95 ordering the execution of the assessment agreement by the Mayor and City Clerk and Resolution No. 654-95 levying the assessments against the property. Ayes(7), Nays (0). Motion carried. Mayor Chuck Hazama, in one of his last official actions, requested the Council to adopt the City of Kathmandu, Nepal, as the Seventh Sister City of Rochester, Minnesota. Councilmembers Canfield moved, Senjem seconded, to approve. Ayes (7), Nays (0). Motion carried. Councilmember Senjem noted that it was the last meeting for Councilmember Paul Myhrom of the First Ward. He noted that he considered Councilmember Myhrom a colleague and friend, that Mr. Myhrom is a man of opinion and conviction and that the Council was better for having had him serve. Having no further business, Councilmember Canfield moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. DLdputy C' y Clerk It is noted that at the end of the meeting Warren Higgins, Jr. of the Advocates for Justice System and Legal Reform and a gentlemen of the State Chapter for VOCAL (Victims of Child Abuse Laws) spoke in regard to a child abuse case presently in the Olmsted County court system.