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HomeMy WebLinkAbout02-03-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reguldr Meeting No. 20 - February 3, 1992 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent: None. Canfield moved, Petersson second to approve the mintutes of the Jan. 21, 1992 meeting. Ayes (7), Nays (0).Motion carried. C-1 Solinger moved, Crawford second to approve the following appointments by Mayor Hazama: Jeff Thisius, Don Glaeser and Jack VanSickle to the Downtown Development Adv. Board - Three year term will run to Dec. 31,1994. David Rassel - Ex- Nov. 1993 and John Case -Ex- Nov. 1993 and John Scheid and Phillip Breutzman -Ex- Nov. 1994. to the Heating Ventilating, Air Conditioning Board of Review. David Busch - Exp. 4-1-94 - Housing Board of Appeals Jack Van Strataten - Ex- Feb. 1996 - Housing and Redev. Authority. Dan Berndt, Thomas Bellinger and Dorothy Combs Ex" Dec.1994 on the Planning and Zoning Commission. Ayes (7), Nays (0).Motion carried. C-2 Crawford moved, Petersson second to approve the appointment to the Library Board of Marge Patterson -801 Third St. S. W. replacing Diane Schwinghapper. Also reappointed was Robert Waite and Robert Beery - Ayes (7), Nays (0).Motion carried. Ms. Patterson'-s term will exp. Jan. 1995 and the reappointments exp. Jan. 1995. Ayes (7), Nays (0).Motion carried. C-3 McConnell moved, Canfield second to approve the following appointment by Mayor Hazama to the Committee on Urban Environment: Darlene Drew and Curt A. Axen. Ayes (7), Nays (0).Motion carried. C-4 Petersson moved, Crawford second to approve the appointments by Mayor Hazama to the Human Rights Commission as follows: Teresa Byland and Vurnis Franklin — Terms will run thry May 1; 1995 and reappointment of - Donald Twentyman, Mary Dray, Joan Isaacson, Mary Miller and Trung Huynh Phan. Terms run until May 1, 1994. Ayes (7), Nays (0).Motion carried. E-1 Solinger moved, Petersson second to set a hearing to be held on March 2, 1992 on the proposal of selling Liquor on Sundays until 1 A.M. in the On -Sale establishments in Rochester. Ayes (7), Nays (0 Motion carried. Resolution No. 58-92 was adopted. E-2 Canfield moved, Petersson moved to table the request for a driveway permit by Ilot Klomstad on 3rd St. S. W.until the March 2, 1992 meeting. Ilot Klomstad of 21.27 3rd St. S.W. was present and stated that he would appreciate this being tabled until his attorney is present. Ayes (7), Nays (0).Motion carried. E-3 Crawford moved, Petersson second to adopt Resolution No. 58A-92 and 588-92 approving the purchase agreement for the sale of 315 So..Bdwy to Hal Henderson for $10,000. and'Michael Belknap and Gillian Duncan for $20,000. These have the following conditions: . 3855 "85� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-3 E-4 E-5 E-6 E-7 E=8-s CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 3, 1992 1. Execution of purchase agreements obligating the buyers to perfo the work outlined in the proposals submitted to the City. 2. Cash payment of.the purchase price with closing to occur within 60 days of Council approval of the sale. 3. Insertion of a restriction in the deed prohibiting the future use of the property for adult oriented entertainment uses as defined in the Rochester Zoning Ordinance. Ayes (7), Nays (0).Motion carried. Bolinger moved, Petersson second to approve the Rochester Airport Commission recommendation on a lease for the food service facility in the Airport Terminal Building to Mr. Charles Rodney Steele dba The Wright Stuff Food and Drink. The -Mayor and City Clerk are authorized -•to execute the lease on behalf of the City. Ayes (7), Nays (0).Motion Carried. Resolution.No. 59-92 was adopted. Petersson moved, Crawford second to adopt Resolution No. 60-92 authorizing the Mayor and the City Clerk to execute a contract between the City of Rochester and McGhie and Betts, Inc. Contractor and TSP being the Sub -Contractor. This is for the remodeling of the food service facilities and office space at the Rochester Municipal, Airport. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 61-92 setting a hearing to be held on March 2, 1992 on the proposed Ordinance regarding the removal of the bonding requirement for the Library Board Secretary. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to approve the following licenses and bonds: AUCTION - Paul Gathje (Renewal) -Stewartville, Mn. GAMBLING- Multiple Sclerosis Society at Edwardo's of Roch.Premise P LIMOUSINE - Continental Limo. Service ( Ren) West Concord, Mn. HEAT. VENT. & AIR'COND.I CONTRACTOR Sylvander Heating Inc. Red Wi MASTER INSTALLER- Craig Ramaker Roch.Mn. Tom Thompson Red Wing. MASTER PLUMBER- J & M Plumbing and Heating. PIGEON - Robert Volden SEWER AND DRAIN- Bessingpas Excavating , Stewartville, Mn. SIDEWALKS - Mr. Mudd Cement Contracting, Oronoco, Mn. GAMBLING -PREM. PERMIT.- Celebrity Bowl. Charities— Mpls. for Tropic Bowl , Recreation Lanes - Colonial Lanes Rochester Elks Lodge 1091-VFW Post 1215 Rochester, Mn. Ayes (7), Nays (0).Motion carried. Hunziker moved, Petersson second to instruct the City Attorney to prepare an amendment to Roch.Code of Ord. 138.04 to include the recommended changes -Residential Parking Program lowering the annual fee to $5.00 per vehicle and to ru,n for one year from Sept. 1 thru Aug. 30 on any given year. Ayes"V ), Nays (0).Motion Carried. it. u E-9 Crawford moved, Petersson second to approve the Accounts Payable in the amount of $3,411,332.40 - File with the City Clerk. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 E-17 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 February 3, 1992 Solinger moved, Petersson second to adopt Resolution No. 62-92 and 63-92 requesting the City Clerk to advertise for bids a 4-wheel street sweeper and a 14,500 GVW truck with eight foot box for the Public Services Dept. Bids to be opened at 11:00 A.M. on Feb. 24, 1992. Ayes (7), Nays (0).Motion carried. Canfield moved, Crawford second to adopt Resolution No. 64-92 awardi the low bid of $65,840*..'•for two dump GVW chassis with dump boxes and hydraulics for the Public Services Dept. This was bid by Dave Syverson Truck Center, Roch.Mn. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 65-92 awarding the low bid for a front=end loader for the Public Services Street and Alley Dept. in the amount of $98,583. with a five-year maintenance contract not to exceed $4,000. to St. Joseph Equipment Co. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 66-92 awarding the low bid of $24,900. to Geotronics for a Total station - which is electronic equipment for the survey division of Public Services. This also includes software and will interface with our computer system of the City. Ayes (7), Nays (0).Motion carried. Petersson moved, Canfield second to approve the revision of the parkland dedication requirement for .Glendale 2nd establishing this as cash in lieu in the amount of $2,040.00. This amount was arrived at because the area had been previously occupied by an old quarry and when this was reappraised that was considered and this amount was reqommended according to Denny Stotz, of the Park Dept. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 67-92 authorizing the Lead Dispatcher positions in the Police Dept. to be established at a 1992 Annual Salary of $35,155.00. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 68-92 authorizing organizational changes in the Records Unit of the Police Dept. and authorizing an agreement with Olmsted Co. on a cost shared basis 66% - City and 34% - County. Ayes (7), Nays (0).Motion carried Canfield moved, Crawford second to establishing the same holiday schedule and administration for Mechanic, Parking Control Officers and Animal Control Officers as other sworn officers of the City Police Ayes (7), Nays (0). Motion carried. McConnell moved, Petersson second to approve the Pay Equity report and submitted to the Mn. Dept. of Employee Relations as required by the Local Govt. Pay Equity Act. Ayes (7), Nays (0).Motion carried. '3058 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 3, 1992 Agenda Item E-19 Solinger moved, Petersson second to adopt -Resolution No. 69-92 authorizing the Mayor and City Clerk to.execute the Labor Agreement for the Inspector's Association for 1992-1993 as follows: 1. Wages - 2 year contract for 4% increase in both 1992 and 1993 2. Addendum "A" - A. Entry on Step A, Step B in six months, Step C at completion of one year. A total of 12 months to Step C..All steps based on acceptable performance. B. Those employees who have a min. of 48 months(eff. 1993 - 36 mts.) experience in their current position shall be eligible to move to Step D on their ann. date. provided their performance in that positioi has been satisfactory as determined by a performance evaluation made by the Building Official. It is noted that provision A allows an emp. to reach Step C - top of the range in 12 months - currently it takes 18 months; B currently req. 60 mts.The change in A will not affect any employees in 1992 and in B 2 emp. will be affected in 1993. Ayes (7), Nays(0).Motion carried. E-20 Crawford moved, Petersson second to adopt Resolution No. 70-92 approving the Meet and Confer Agreement for the Civilian Dispatchers in the Rochester Police Dept. and the City of Rochester for the years 1992-1993 in the amount of 4%. Ayes (7), Nays (0).Motion carried. E-21 McConnell moved, Canfield second to approve the Preliminary Plat of Pine Ridge Estates Second Sub. with the following conditions: 1. A grading plan for this area should be provided prior to the final plat. In addn San. Sewer, Storm sewer and watermain profiles be provided to the City Eng. 2..The Public Services Dept. rec. extending the proposed St. Sewer S. so only one storm sewer outlet to 18th Ave.S.W. exists. The Dev. should consult with Pub.Ser. to see if this is the base alternative and any other matters concerning this_ plat. 3. The Dev. provide a performance bond or letter of credit as est. by the Co. Eng. for the construction and erosion control measurers to take place in the 18th Avenue S. W.ROW. 4. The Dev. must provide a temp. turnaround at the south end of Ponderosa Dr. S.W. 5. The Dev. should consult with the Fire Dept. dated Jan. 8,1992 are met. 6. The requirements of the Parkland Dedication Ord. must be met. 7. This preliminary plat.may not proceed to the final plat stage until the property has been officially annexed. Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, Crawford second to instruct the City Attorney to prepare an Ordinance annexing 26.6 acres of land alg. the N. side of Mayowood Rd. S. W.( Arnold Bomgaars). Ayes (7), Nays (0).Motion carried. E-23 Petersson moved, Solinger second to instruct the City Attorney to annex by Ordinance 19.64 acres of vacant land -(Western Walls ). Alderman Hunziker questioned the annexation or dedication of the park and if this was a problem. Denny Stotz of the Park Dept. stated that he does not believe this park dedication has any control over the plat. He was assured that when the Final Plat is presented, 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 3, 1992 Agenda Item E-23 Mr. DeWitz that the dedication of the park land would be dedicated as required. Mr. Stotz stated that they need a park in the area and that should be what (land ) is dedicated and not cash Alderman Solinger questioned the wisdom of bringing in the land in bits and pieces because 3/4 of this area could be brought in without a park - that is if this is not required until a final plat is made.'The Council.is reminded that the park dedication will take place in the first phase of the general development plan. Ayes (7). Nays�(0).Motion carried. E-24 Solinger moved, Canfield second to adopt Resolution No. 71-92 approving the setting forth of the City's declaration on the Environmental Assessment Worksheet (EAW) adequacy. This is for the Diamond Ridge project. This resolution will be forwarded to the Planning Dept. and they will,forward it to the. Environmental Quality Board. The Council also approves the letters of response to MN, DNR and MNPCA and can also be transmitted. Alderman Hunziker was concerned about the park dedication (9 acres). After Council discussion, Alderman Solinger stated that before all phases are completed, the park land should be dedicated. Ayes (7), Nays (0). Motion carried. E-25 Canfield moved,.McConnell second to accept the Land Sub. ( Type III Phase II application - Preliminary Plat for.Baihly Estates) No action was taken at this time as it will be scheduled for a public hearing on February 18, 1992 at the Council meeting. Ayes (7), Nays (0).Motion carried. E-26 Solinger moved, Canfield second to table this Approval of Release of the Northwest Lift Station Damage. Alderman Hunziker wanted further information on the total price and if this was repaired to the satisfaction of the Public Services Dir. Ayes (7), Nays (0).Motion carried. After discussing this with another representative of the Public Services Dept: they were prepared to give this information to. the Council at this very time. Based on this new information, Petersson moved, McConnell second to remove this item from the table. Ayes (7), Nays.(0).Motion carried. Petersson moved, McConnell second to approve the $51,594.64 total. Roger Plumb, Public Services-Dir. stated that this amount.was.the correct total and that the work was complete. If any other trouble occurred, then a new settlement would have to be-,�;reached in that case. Ayes (7), Nays (0).Motion carried. E-27 Petersson moved, Canfield second to adopt Resolution No. 72-92 establishing a fee of $5.00 for a Certificate of Compliance as provided for in Chapter 76B of the Roch.Code of Ord. Ayes (7), Nays (0).Motion carried. E-28 McConnell moved, Crawford second to delete the words "exterior of the' from the Chapter 7613.01 Subd. 4 of the Rochester Code of Ord.. This is in regard to the footing drains installation. Ayes (7), Nays (0). Motion carried. `D8�.9 Agenda Item E-29 E-30 E-31 E-32 E-33 E-34 E-35 E-36 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 3, 1992 Crawford moved, McConnell second to adopt Resolution No. 73-92 authorizing payment for Project No 9100-91 J 9175 = Sewer and Water to serve Pine Ridge Sub. - Supplemental Agreement 1 in the amount of $28,280.00 Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 74-92 authorizing the City Clerk to advertise for bids to be opened -March 11:00 A.M. on Project No. 6204-2-91 J 9168 - Reconstruction of 4th St. SE 1st to 3rd Ave. S. El and 3rd Ave. to 4th St. S. E. to 450 Ft. S. Ayes (7), Nays (0).Motion carried. Solinger moved, Petersson second to adopt Resolution No. 75-92 and 76-92 declaring the cost to be assessed and ordering a hearing to be held on March 2, 1992 on New Sidewalk on both sides of Cortland Lane SW.Proj# 6-1991 J 9195. Ayes (7), Nays (0).Motion carried. Crawford moved,.Solinger second to adopt Resolution No. 77-92 and 78-92 declaring the costs to be assessed and ordering a hearing for March 2, 1992 on New Sidewalk Project 2-91 J 9187. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to adopt Resolution No. 79-92 80-92 declaring the costs to be assessed and ordering a hearing to be held on March 2, 1992 on Sidewalk Replacement Project 3-91 J 9188. Ayes (7), Nays (0).Motion.carried. Petersson moved, Solinger second to adopt Resolution No. 81-92 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 26, 1992 on Traffic Signal Modification for 18th Ave. and 37th St. N. W. J 6341. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 82-92 settinc a hearing for March 2, 1992 on the proposed Ord. change on language changing the Charter regarding "Alderman" to Councilmember and Councilmember-at-large. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 83-92 setting a hearing for March 2, 1992 on proposed change to the Charter regarding Council meetings and when they would be held after holidays Ayes (7), Nays (0).Motion carried. An Ordinance Amending Sec.'138.04 of RCO Relating to the Permit (Application Procedure for Residential Permit Parking Zones was given its first reading. An Ord. annexing 26.60 acres of Lands in portions of the S 1/2 of the SE 1/4 of Sec. 9 -Tl06N R 14W was given its first reading. An Ord. annexing 19.46 acres of land in portions-,)f the OW 1/4 of Sec. 32 and the SW 1/4 of Sec. 29 T 107N R 14W was given its first reading. I I Agenda Item F-1 F-1 G-1 G-2 A-1 B-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3861 Regular Meeting No. 20 - February 3, 1992 An Ordinance amending Sec. 7613.01 Sub. 4 of the RCO .Relating to the Control of the Footing'and Foundation Drains and Articifial Seepage Collection Systems was given its first reading.. An Ordinance establishing the salaries of the Mayor,,. Alderman -At Large and Aldermen of the wards - Mayor-$24,640.00 - Ald.-At-Lg. $18,156.00 and Alderman <$14,204.00 was given its second reading. Solinger moved, Petersson second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to remove the General Dev. Plan for Eagle Ridge from the table. Due to further questions the Council had Canfield moved, Crawford second to tabl.e this. Ayes (7, Nays (0). Motion carried. The Preliminary Plat known as Eagle Ridge Sub. was left on the table Having no further business, Petersson moved, Solinger second to adjoui the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried. President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby , Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent: None. A Hearing on the Final Plat to be known as Hunter Hills Third Sub. Having no one present that wished to be heard President Selby closed the hearing. McConnell moved, Crawford second to approve the plat subject to the four conditions as follows: 1. The'Dev. should grade the lots alg the S. In of this plat to match the future grade of 55th St. N. W. and install a blacktop alg this line. A copy of these grades will be made available to upon his request. bikep th the e g. 2. The parkland dedication requirements should be met with a cash in lieu of land dedication in the amt. of $8,925.00. 3. Prior to the construction of structures, accessibility for fire vehicles shall be -present and maintained. 4. Prior to construction of structures, water supplies shall be present and available for fire fighting. Ayes (7), Nays (0).Motion carried. Res.-84-92 was adopted. 1 A Heari n.g 'on -the' City Council Initi-ated vacation, of a �Uti 1 i ty Easeme located .on Lot`25 and 26 B1k 2 Diamond -,Ridge 3rd.-. Ha.ving no --one present that wished to be -heard, President Selby closed the hearing. (Canfield moved, Petersson second to adopt Resolution No. 85-92 approving the vacation. Ayes (7), Nays (0).Motion carried. C_ 2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - February 3, 1992 Agenda Item Hearing on the Final Plat of Lincolnshire 5th Sub. Having no one B-3 resent that wished to be heard, President Selby closed the hearing. Solinger moved, Crawford second to adopt Resolution No. 86-92 approvin he plat. Ayes (7), Nays (0).Motion carried. B-4 Hearing on the Proposed project No. 8414-89 J 9111 - New Sidewalk n Willow Heights Dr. S. W. Wishing to -be heard was Dave Mittlested f 3975 Willow Heights Dr. S. W. He stated that a gas line had been estroyed during construction and he would like to have this investi- ated further plus he wanted the Council to know that the contractor id a.poor job communicating with the residents and left junk in an rea that he mowed -plus piles of dirt., Having no one else present hat wished to be heard, President.Selby closed the hearing. olinger moved, Canfield second to adopt Resolution No. 87-92 approvin he project. Mr. Roger Plumb, Public Services Dir. was instructed to ook into the probl.em as stated by Mr. Mittlestad. Ayes (7), Nays (0). otion carried. B-5 k Hearing on the Proposed.Assessment Project No. 6255-1-70 J 8341 an. Sewer and.Watermain on E. Riv. Rd. from 27th St. N. E. to 580 t. S. of 24th St. N. E. Wishing to be.heard was'Jerry Griffin of 649 27th St. N. E. He is out of the City limits now but wanted to . now what happens if he was to come in and how the assessment policy orks. Mr. Roger Plumb, Public Services Dir. explained this to him.. laving no one else present that wished to be heard, President Selby losed the -hearing. Petersson moved, Crawford second to adopt Res. o. 88-92 approving the assessment. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the -Proposed Assessment Porject 6251 - J 8055 - Sehl's NE runkline San. Sewer. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Solinger second o adopt Resolution No. 89-92 approving the assessment. Ayes (7), Ways (0).Motion carried. B-7 A Hearing on the proposed Reassessment Projects on Gerald Zubay Prop. t 05-2790-00400 Plat and Parcels on Projects 8006 - J 8729 - Water ower and Trunkmains to serve the High Level Area S.W. Dist. and Pro.j. 101 J 8752 - Trunkline San. Sewer and Watermain in the W side TH 3 S. and Project No. 6107 -88 J 8993'- Ext. of San. Sewer and Water - Main in Oakhills and Kleist's Replat. Having no one present that ished to be heard,.Pres.ident Selby closed the hearing. Solinger move( rawford second to adopt Resolutions No. 90-92 91-92 and 92-92 ccepting the reassessments. Ayes (7), Nays (01.Motion carried. laving no further business, Crawford moved, Petersson second to adjourr he meeting. Ayes (7), Nays (0).Motion carried. a. L City Clerk 1