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HomeMy WebLinkAbout12-02-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 4833 Agenda Item A-1 B-1 President Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Evans, Hruska, Marcoux, McConnell, Senjem, Stobaugh. Absent: None Mayor Canfield made note of an Award of Excellence given to the City of Rochester for the Flood Control Civil Engineering Program by the Corps of Engineers. He stated that a 15-member panel decides the recipient of the award. each year for a military program and a civil engineering program; this year the panel awarded only the civil engineering program. Mayor Canfield thanked the two Councilmembers who had chaired the Flood Control Committee over the years, Peter Solinger and Darrell Strain. He also presented a Corps of Engineers cap to Gary Neumann, Assistant City Administrator, for all of the work he has done from start to finish with the program. A Hearing on Truth -In -Taxation for the Proposed 1997 Budget and Tax Levy. Steve Kvenvold, City Administrator, gave an overview of the proposed 1997 budget and fiscal data showing the growth of the City's programs over the past years. He noted the percentage of each tax dollar contributed to the City, County and School District budgets. Mr. Kvenvold noted that while residential taxes have decreased over the past year, commercial properties have seen an increase. Wishing to be heard was Bill Sepic, 220 South Broadway, representing the Chamber of Commerce. He thanked the Council for working within a 3.5 percent increase but said that the bottom line is still what counts. He noted that the Chamber's taxes are projected to be increased by 19.9 percent along with other commercial properties. Wishing to be heard was Norm Nelson, 5618 26th Avenue N.W. Mr. Nelson handed out materials showing where he felt additional cuts could be made in City departmental budgets Wishing to be heard was Mary ---, 730 Fifth Street S.W., wanting the Council to realize that, as a renter, the tax increase will be passed along to her and other renters in the City. She stated that she does not have the option to pass along the additional costs to someone that lives in their own home. She asked the Council to be equitable in looking at apartment homes. Wishing to be heard was Frank Kottschade, 4719 Warwick Lane N.W. Mr. Kottschade was concerned about the tax increase each year. He stated that the City pays their employees at a much higher rate than the County and other private sector employees in the City and was concerned with the higher wages. Wishing to be heard was Kevin Lund, 511 15th Avenue S.W. Mr. Lund handed out materials to the Council showing that the Soldiers Field Bathhouse, that the City is trying to demolish, can be saved and renovated for much less than its replacement cost. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4�34 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 Agenda Item B-2 Wishing to be heard was Ron Baker, 814 Emerald Lane N.W., noting that he had a 41 percent increase in his taxes (he recently built a new home). He stated that he has to live on a budget and he expects the City to do the same. Wishing to be heard was Jay Weichselbaum, 1412 Fourth Street S.E., Mr. Weichselbaum stated that when candidates were running for office in the last election, he talked about crime and safety as a major issue. The proposed budget only reflects a 6 percent increase for the Police Department. We need to be spending more on crime and safety. Having no one further wishing to be heard, President Hunziker closed the hearing. The 1997 Budget for the City of Rochester will be adopted on December 18, 1996. A Hearing on Consideration of Abatement Order for Property at 3538 Third Place N.W. Susan LeGare-Gulden, Building and Safety Department, gave a summary of the condition of the house and the complaints which led to the inspection of the property. The house has been vacant since December 1, 1995; a fire heavily damaged the building on March 1, 1996. Ms. LeGare-Gulden showed a video tape made by herself and members of the Rochester Fire Department; both interior and exterior of the building. Vandalism has occurred since the fire. Ms. LeGare-Gulden stated that in her opinion the building is hazardous. Lt. Tim Bangert, Rochester Fire Department, stated that not only is the building hazardous but could cause extreme harm to people entering the structure due to its instability; in the case of a fire call, firefighters would have to assume that there would be someone in the building. He stated that the building was beyond any type of repair. The following individuals asked to be heard in regard to the building noting the structural damage on the outside and inside, the disrepairable state of the building and its consequential appearance to the neighborhood, the terrible odors coming from the building, and the danger to the children around the neighborhood. Wendell Gardner 3543 3rd Place N.W. Kathy Bornhorst 3549 3rd Place N.W. Dave Lofquist 316 36th Avenue N.W. Daniel Pyan 3548 3rd Place N.W. No owner or owner's representatives were present to speak at the hearing. 1 Councilmembers Evans moved, Senjem seconded, to declare the building at 3538 Third Place N.W. a hazardous structure and instruct the City Attorney to RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL .. CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 4835 Agenda Item B-3 1 prepare Findings of Fact, Conclusions of Law, and Order for the abatement. The order shall instruct the property owner to have the building demolished immediately. Ayes (7), Nays (0). Motion carried. A Hearing to Expand Meadow Park Permit Parking Zone. Wishing to be heard was Alfred_ Parker, 1235 11th Avenue S.E., stating that he had heard that Mayo High School was putting a portion of the parking lot back into a grassy area. He wondered if the permit parking sign should go from 9:00 A.M. to 2:00 P.M. Wishing to be heard was Jim Jelle, 1244 Ninth Avenue S.E., was concerned for the students who have to pay $16.00 per quarter to park in the Mayo High School lot and perhaps neither the student nor the parent have the money. He said that RCC charges only $5.00 and perhaps the School District should lower the cost to something like this. Wishing to be heard was Dennis Tooley, 922 13th Street S.E., asking that the parking permit program be expanded to include 13th Street. He said that students partially block his driveway many times, making backing out extremely difficult and hard to see as well as having high-speed traffic through the streets. Wishing to be heard was Darlene Parker, 1235 11th Avenue S.E., opposing the expansion of the permit parking. She stated that some of the neighbors don't want the program; she also felt that it lowered the value of their homes to have the permit parking signs on their streets. Wishing to be heard was Kelvin Krosschell, 1334 Fourth Avenue S.E. Mr. Krosschell felt that by the Council moving the permit parking further, it was not addressing the real problem: He said that they should look at the problem rather than putting a patch on it. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 665-96 adding the following paragraph to Zone 4 "Meadow Park" of Section L Permit Parking of the Comprehensive Traffic and Parking Resolution Book to read: 8.) 13th Street S.E. from 8th Avenue to 11th Avenue, both sides. 9.) 10th Avenue S.E. from 12th Street to 13th Street, both sides. Ayes (7), Nays (0). Motion carried. Councilmembers urged those present to continue to make the School Board aware of the parking problems. 4836 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 Agenda Item IM C-1 - C-5 C-1 C-2 C-3 C-4 C-5 D-1 A Hearing on Vacation Petition #96-20 by Raymond and Vivian Fischer to vacate portions of the utility easements located on Lots 15, 16, 17 & 18, Block 1 Hampton Rhodes Third Subdivision to facilitate the construction of structures on those lots. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 666-96 approving Vacation Petition #96-20 by Raymond and Vivian Fischer. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to approve the following consent agenda items: Approval of the minutes of the November 4th, November 6th and November 14th, 1996 council meetings. Approval for the acceptance of $1000 from the Rochester Elks Lodge #1091 to the Police Department for the purchase of tactical vests. Adopt Resolution No. 667-96 approving change order #5 to the Schroeder Leverington contract for the Mayo Civic Center Expansion in the amount of $37,83&: oo Approval of the following licenses and miscellaneous activities: Ciaarettes - Over -the -Counter High Plains Cooperative Gambling - Temporary Church of St. Francis of Assisi - raffle at St. Francis School on May 2, 1997 Miscellaneous Street Use NAACP - Rochester Branch - Dr. Martin Luther King Commemorative March on January 20, 1997 from 12 Noon to 1:00 P.M. Approval of Accounts Payable in the amount of $2,029,837.47. Ayes (7), Nays (0). Motion carried. Terry Adkins, City Attorney, pointed out to the Council and members of the audience that they needed to confine their statements to matters concerning the traffic access to the Crossroads Center. He cautioned everyone to not introduce new evidence concerning the pending land use/rezoning requests. Wishing to be heard was Larry Kritenbrink, Omaha, Nebraska, representing Woodmen of the World who owns the property occupied by Rainbow Foods at the Crossroads Shopping Center. He stated that since the November 18th J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 4837 Agenda Item council meeting, they have met with representatives of Planning and Zoning, MNDOT and the Public Works Department. An agreement had been reached with the Fine Shelter Development Group and signed. Woodmen of the World and representatives of the Crossroads Shopping Center have withdrawn their opposition to the relocation of the traffic access off of Highway 14. Wishing to be heard was Dan Berndt, Marquette Bank Building, stating that they would continue to work with the neighbors in all of the planning and development process if the land use amendment is approved. D-1 Wishing to be heard was Richard Bjerkaas, 3760 Springgreen Court N.E., Haverhill Township. Mr. Bjerkaas was concerned about the environmental impact study that was to be considered for the Century Hills area. He noted that there are or could possibly be significant archeological sites in the area. Mr. Bjerkaas also stated that he did not agree with the Planning Department findings that stated that there were no significant views or wildlife habitats in the area. He said that to him this was an area of beauty and, for this area of the State, was significant in itself. Mr. Bjerkaas was also concerned about the water tower and asked that he and the other residents have some input into the color of the tower. D-1 Wishing to be heard was Terry Driscoll, 1403 Fourth Avenue S.W.. Mr. Driscoll stated that he thought the Council, at the November 18th meeting, directed the developers (Fine Shelter) to work with the neighbors as well as the Crossroads tenants. The neighbors know nothing about the agreement or the traffic change that was just stated between Fine Shelter and the Crossroads tenants. He stated that there was a neighborhood meeting of over 50 people and their unanimous opinion was that the area was residential and should remain so. E-1 Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 668-96 approving entering into a Consent Decree with the State of Washington for the Yakima area site with the settlement set at $138,472. Ayes (7), Nays (0). Motion carried. E-2 Councilmembers Senjem moved, Stobaugh seconded, to adopt the Findings of Fact, Conclusions of Law, and Order as prepared by the City Attorney, Terry Adkins for Land Use Plan Amendment #96-4 and Zone Change Request #96-13 by Fine Shelter Development Group. Discussion. Councilmembers talked about the property in question being land -locked, about the concern for the neighbors rights in the possible development of the property, the best uses for the property, and the question of buying the car wash property. Mr. Richard Freese, Public Works Director, stated that the car wash property could be acquired for the development group by the City, if the City is asked, and then the development group would need to purchase the car wash from the City. President Hunziker advised the development group not to expect this development to be funded with any taxpayer dollars. pr RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4H3H CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 Agenda Item E-3 E-4 E-5 Ayes (5), Nays (2). Upon Roll Call vote Councilmembers Hruska, Marcoux, Senjem, Stobaugh, President Huniiker vote aye; Councilmembers Evans, McConnell voted nay. Motion carried. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 669-96 amending the land use plan. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Councilmembers Senjem moved, Stobaugh seconded, to approve the requested zoning district change and instruct the City Attorney to prepare an Ordinance for first reading. Ayes (5), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Dan Berndt, representing Fine Shelter Development Group, asked that the rules be suspended and the Ordinance be given a second reading when the Ordinance was read later in the agenda. Councilmembers Stobaugh moved, McConnell seconded, to approve the transfer of the Off -Sale Intoxicating Liquor License from Deluxe Liquors of Northbrook, Inc. to Northbrook Liquor, Inc. DBA Northbrook Liquor pending the required approvals, insurances, bonds and fees. Ayes (7), Nays (0). Motion carried. Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No. 670-96 awarding the contract for one year's supply of anhydrous ferric chloride at $280.00 per dry ton weight plus $25.00 per hour additional delivery charge for Saturday, Sunday or Legal Holidays to Hawkins Chemical, Incorporated; and adopt Resolution No. 671-96 awarding the contract for one year's supply of liquor aluminum sulfate at $165.00 per ton as dry alum, plus $25.00 per hour additional delivery charge for Saturday, Sunday or Legal Holidays, to Hawkins Chemical, Incorporated. Ayes (7), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to purchase a Pierce Manufacturing, Inc. aerial ladder truck and a Pierce Manufacturing, Inc. tank truck for the fire department from Clarey's Safety Equipment, Inc. for a total bid of $658,372.35. Discussion. Councilmembers wanted to know about the use of the tanker truck, how and where it was used, how the townships contributed to the replacement cost, and the fire agreement fees with the townships. Councilmembers McConnell moved, Senjem seconded, to table the awarding of the bids of fire trucks until the December 18, 1996 meeting. Ayes (6), Nays (1). Motion carried. Councilmember Evans voted nay. Wishing to be heard was Ken Clarey, Clarey Equipment, 16 Seventh Street N.W., asking the Council to award the bids before January 15th, 1997 as he was under price constraints from Pierce Manufacturing. 1 C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - December 2, 1996 Agenda Item E-6 Wishing to be heard was Steven Pollack, 2008 Viola Road N.E. asking that an impact statement be done for the long-term future for the entire area rather than for just a one-year. He stated that more field work should be done as several species of special concern have been found close by the Century Hills area. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 672-96 approving the six findings recommended by the Planning staff and determining that an environmental impact statement is not necessary in this instance. Ayes (7), Nays (0). Motion carried. E-7 Councilmembers Evans moved, Marcoux seconded, to adopt Resolution No. 673-96 permitting the placement of a City of Rochester Identification Entrance Sign with MNDOT right-of-way on TH 63, South of 48th Street. Ayes (7), Nays (0). Motion carried. E-8 Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 674-96 authorizing the execution of a contract with McGhie and Betts, Inc. for Engineering Services for Reconstruction of 55th Street N.W. from Bandel Rod to Essex Park. Ayes (7), Nays (0). Motion carried. E-9 Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 675-96 authorizing Supplemental Agreement No. 1 in the amount of $22,767.00 for Project No. 9106-95 (J-9353) "Sanitary Sewer, Watermain and Service Connections on 23rd Avenue S.W. from 4th Avenue S.W. to Gates Drive S.W. on 5th Street S.W. from 23rd Avenue S.W. both East and West about 1/2 Block". Ayes (7), Nays (0). Motion carried. E-10 Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 676- 96 authorizing Supplemental Agreement No. 1 in the amount of $2,027.59 for Sidewalk Replacement Project No. 6-1996 (J-9373). Ayes (7), Nays (0). Motion carried. E-11 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 677-96 adding Paragraph (57.5) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (57.5) Second Street S.W. on the north side from 7th Avenue S.W. to 11th Avenue S.W.; and on the South side from one-half block east of 7th Avenue to 11th Avenue; from 2:00 A.M. to 6:00 A.M., December 1st to April 1 st. Ayes (4), Nays (2), Abstain (1). Motion carried. Councilmembers Stobaugh and Senjem voted nay; Councilmember Marcoux abstained. E-12 Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No. 678-96 amending Paragraph (221.3) of Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: Agenda Item E-13 F-2 F-3a F-3b RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Meeting No. 30 - becember 2, 1996 (221.3) Seventeenth Street S.E., on both sides, from 19th Avenue to Marion Road; effective December 1st to April 1st. Ayes (7), Nays (0). Motion carried. Councilmembers Senjem moved, Marcoux seconded, to adopt Resolution No. 679-96 entering into an agreement with Bonstroo, Rosene, Anderlik and Associates for engineering services for the investigation and design phases for the Water Reclamation Plan tunnel roof repair project. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain Property and Amending Ordinance 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading (Fine Shelter Development Group, Hy-Vee Store) An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known As the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a second reading. Councilmembers Senjem moved, McConnell seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (Wimbledon Hills - rezone to R-1) An Ordinance Rezoning Certain Property and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, was given a second reading. Councilmembers Hruska moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. (south of 40th Street S.W. - rezone to M-1) Having no further business, Councilmembers Hruska moved, Stobaugh seconded, to adjourn the meeting. Ayes (7), Nays (0). Motion carried. C� City Clerk 1