HomeMy WebLinkAbout07-06-199203944 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular, —Meeting No. 4 - July 6, 1992
Agenda
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President Selby called the meeting to order at 2:00 P.M., the
following members being present: President Selby, Councilmembers
Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem.
Absent: None.
McConnell moved, Crawford second to approve the.mi'nutes of the
June 15 and 18, 1992 meetings with a correction on the June 15
meeting D-1 - The minutes should read Planning "Commission" only,
not "staff" review. Ayes (7), Nays (0).Motion carried.
Cara Edwards of 903 7th Avenue N. W. wished to be heard regarding
the Flood Control Project for their area - Cascade Creek from 7th
St. N.W. to llth St. N.W. They do not want the bike path as part of
the project in their area. They do not want extreme channelization,
or rip raps. They want the area to remain in the natural beauty
that it has now. They have beaver, ducks, birds. and fish and they
want this to remain. Also they are concerned about the trees - they
would have to be removed. A letter from Ms. Edwards is also on file
with the City Clerk. She stated that officials stated to her that
no change would be likely, but the neighbors and herself think it
can still be changed. Gary Neuman, Assistant City Administrator
stated that during the Nmeeetiinngs that had been held - specifically.
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was asked .rf the sewer line _(future) would° require -that the .trees
be removed :in a c6up1e'of�years?-Mr.-Plumb stated -that most of them
would.have to be removed.. The Council took no action.
Discussion was held on the Reopening of the Golden Hill Assessment
Projects. These would be for projects constructed between 1985 and
1987. Councilmember Canfield presented a 15 -inute statement to the
Council stating that " Assessments cannot excezd the value of the
property" - that was the thrust of his statement. He stated that
these people had trusted the City to do. -the "right thing" and
it just did not happen. He also stated that he supported a 50¢
fee to be added to all water bills to help finance some of the
work needed to fund "clean water" and help with payments for the
entire city. Canfield then moved, Petersson second to have
two assessment projects - Knollwood Acres, Coopers, Neills and
Hillmer's High View (Assessment hearing 11-18-85) and Golden Hill,
Spicer's Replat, Hilmer's Highview Acres # 2 ( 8-3-87) be brought
back for staff to prepare .a*,plan I for- reopening, the. above assessments
with a maximum of 5,000'for people who''live in houses on the property
Discussion was held by the Council - President Selby reminded the
Council that 52 of the people in the area did not appeal the
assessment. Councilmember Petersson stated that the Council has a
job to protect the citizens and asked the opinion of the City Attorne,
in this matter. Terry Adkins, City Attorney stated that if the
assessments were determined to be in excessive, the City would have
to start over and notice given to all. President Selby stated that
some people have appealed and won in court.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL „�
CITY OF ROCHESTER, MINNESOTA `���
Regular Meeting No. 4 - July 6, 1992
Agenda
Item
E-1 Alderman McConnell was in favor of going back to "square one" and
to reconsider this assessment problem.
It is noted that a letter from Gary Neuman dated June 17, 1992 that
the Council would be ill advised to open this and the reference was
to possible future pressure to re -open all assessments in the City.
President Selby asked how many properties would we be talking about.
She was told hundreds. Councilmember Senjem wanted to settle this
once and for all and was in favor of re -opening this because then
everyone would have the same information and can vote properly.
Councilmember Hunziker stated that the Council should consider the
consequences of this approval. He had a concern about "where to
draw the line".
Councilmffrber CC46fie*ated that the two groups involved in the two
questioned assessments came to the City for help and got no
answer.
Councilmember Crawford stated that the people feel they were denied
their rights.
Councilmember Hunziker seated that he would like to know how the
City would decide what projects to take back and look at -
Councilmember Canfield stated that he made a mistake and did not
know the State Law regarding appeals, etc.
It was then discussed by the Council as to IF this is re -opened
how to proceed. Dave Goslee, City Attonrey's office told him what
may be done is to make offers to the people and the price that the
City is willing to negotiate but that the City would possible end
up -in Court anyway.
Alderman Canfield stated that we could make these people an offer
including NOT suing the City - that should help them.
Councilmember Crawford was questioning how many times the Council
should go back and a policy inplace would be helpful.
Letters from staff are on file with the City Clerk and all are
warning the Council about the serious effect this would have on the
City as far as pay -back money and research time as well as time
spent in court. These letters are on file with the City Clerk.
Canfield moved, Petersson second to direct staff to prepare a plan
for reopening the assessments on two projects which carried assess-
ment hearings on 11-18-85 and 8-3-87 (Golden Hill, Speicer's Replat,
Hilmer's Highview Acres # 2, etc. and Knollwood Acres, Coopers,
Neills and Hilmer's High View, with a maximum of $5,000. for people
who live in houses on property. Upon Roll call vote, Councilmembers
Canfield, Crawford, McConnell, Petersson and Senjem voted aye.
Ayes (5),Councilmember Hunziker and President Selby voted nay.
Nays (2).Motion carried. This refers to J# 8890 and J#8853.
E-2 McConnell moved, Petersson second to adopt Resolution No. 388-92
approving the request for a sidewalk sale on July 13-18 for
Goodyear Auto Service Center at 12 North Broadway. It is noted that
a hold harmless clause will have to be received by the City before
the permit is issued. Ayes (7), Nays (0.).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 6, 1992
Agenda
Item
E-3 Petersson moved, Hunziker second to adopt Resolution No. 389-92
approving the Amendment to Roch.Center of Ind. Living - Olmsted
Barrier Free Housing Corp. ( Oakridge Dev. Agreement). This is
to not require the shortfall between the min. and actual tax incremen.
for taxes in pay 1992. Ayes (7), Nays (0).Motion carried.
E-4 Senjem moved, Crawford second to adopt Resolution No. 389-92 approvin,
the Change order with Diamond Surface, Inc. for changes 1,2 and 3
on work done for Runway 13/31 for the Rochester Municipal Airport.
No additional funds were needed. This is Project AIPl-3-27-0084-07
Mn/DOT'5501-71 J 6929. Ayes (7), Nays (0).Motion carried.
E-5 Senjem moved, Canfield second to adopt Resolution No. 390-92
approving the Mayor and City Clerk to execute change orders for
the Airport Snack Bar remodeling J 6952 - at the Rochester Municipal
Airport. This will add $14,979.00 to the original contract. Ayes (7),
Nays (0).Motion carried.
E-6 Petersson moved, Crawford second to adopt the following resolutions
as approved by the Rochester Public Utility Board:
Resolution No. 391-92 approving two contract agreements with Southern
Mn Municipal Power Agency (SMMPA) for the purchase of 30 megawatts
of electricity from RPU from Nov. 1, 1992 thru June 30, 1995.
Resolution No. 392-92 cancelling an electric service contract
agreement between the City of Rochester and Seneca Foods Corp.
This is effective July 7, 1993. Ayes (7), Nays (0).Motion carried.
E-7 Petersson moved, McConnell second to approve the following licenses
and bonds:
Request for Temp. On- Sale 3. 2 Beer.
Olmsted Co. AGr. Assoc. for Olm.Co.Fair 8-3-to 8-9,1992
Rochester Jaycees for Olm.Co. Fairgrounds - Mayo Clinic picnic
July 14 and 15, 1992.
Cigarettes - over the counter - O1m.Co. Agr. Assoc. for Olm.Co.Fair.
Heating Vent. and Air. Cond.- St. Cloud Ref. Inc. - St. Cloud Mn.
Misc.Activities - AAU Junior Olympic Games - Torch Run 7-31-92
thru downtown area.
Rochester Jaycees - Kiddies Parade - 7-4-92 - Prior approval was give
Dance - Temp. Great China Rest. - 7-18-92
Cigarettes - over the counter - Midwest Events - Fairgrounds
July 18 and 19, 1992.
Ayes (7), (0).Motion carried.
Councilmembers wanted further information about the request for a
"Happy Hour" from the Rochester Jaycees - Shane Marty of 1330 38th
St. N.W. was present and explained the activity which is a new
activity in Central Park for two week -ends in July and a couple in
August. It is a fund raiser as well as creating fun for people in
the downtown area. This will be subject to a hold harmless clause.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 3947
Regular Meeting No. 4 - July 6, 1992
Crawford moved, Petersson second to approve the Accounts Payable
in the amount of $1,689,623.13 - File is kept in the City Clerk's
office. Ayes (7), Nays (0).Motion carried.
Canfield moved, Petersson second to adopt Resolution No. 393-92
approving the Contract agreement for Stagehands at the Mayo Civic
Center, 1992-1993, and 1994. Ayes (7), Nays (0).Motion carried.
Petersson moved, Hunziker second to adopt Resolution No. 394-92
setting a public hearing to be held on August 3, 1992 on the propos
acquisition of property located at 703 6th Avenue S. W. Ayes (7),
Nays (0).Motion carried.
Petersson moved, Canfield second to adopt Resolution No. 395-92
approving the annexation of 4.10 acres of vacant land located north
of Elmview Place S.W. and west of Oakridge Drive S. W. Ayes (7),
Nays (0).Motion carried.
Crawford moved, Petersson second to instruct the City Attorney to
prepare and Ordinance for adopting annexing 15.07 acres of
vacant land S. of Willow Hills 3rd Sub. Bamber Ridge 2nd and E.
of Lillie's Sub. in Sec. 22, Rochester Township. Ayes (7), Nays (0).
Motion carried.
Hunziker moved, Petersson second to instruct the City Attorney to
prepare an Ordinance revising the Adopted Ordinance No. 2824
of Schmidt Annexation. Ayes (7), Nays (0).Motion carried.
The Petition to,vacate the 5 foot Easement on both sides of the east
Lot line of Lot 1, Blk 11, Country Club Manoar 2nd was withdrawn by
the applicants-. No action was taken.
Petersson moved, Crawford seocnd to instruct the City Attorney to
prepare an Ordinance rezoning of propety in Glendale Hills Sub.
No. 2757. Ayes (7), Nays (0).Motion carried. This was rezoned R-1
and part of the property desc. was omitted.
Crawford moved, Petersson second to instruct the City Attorney to
prepare an Ordinance amending the current ordinance dealing with
skatboarding to eliminate rollerblading in the downtown area.
Ayes (7), Nays (0).Motion carried.
Crawford moved, Petersson second to adopt Resolution No. 396-92
authorizing the execution of a lease agreement for the property
at 910 6th St. S. E. for $400.00 per month. Ayes (7), Nays (0).
Motion carried.
McConnell moved, Petersson second to adopt Resolution No. 397-92
approving the low bid of $25,343.30 to Quality Concrete for
New Sidewalk Project No. 1- 1992 J 9234. Ayes (7), Nays (0).Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 6, 1992
Agenda
Item
Petersson moved, Hunziker second to adopt Resolution No. 398-92
accepting the low bid of $24,854.25 of Diversified Concrete for
New Sidewalk Proejct No. 2- 1992 J 9235. Ayes (7), Nay5(0).Motion
carried.
E-20 Crawford moved, Hunziker second to adopt Resolution No. 399-92
awarding the low bid of $48,916.00 to Diversified Concrete on
Sidewalk Replacement Project No. 2- 1992 J 9240. Ayes (7), Nays
(0).Motion carried.
E-21 Petersson moved, Crawford second to adopt Resolution No. 400-92
awarding the low bid of $28,956.00 to Diversified Concrete for
Sidewalk Replacement Project No. 4-1992 J 9241. Ayes (7), Nays (0).
Motion carried.
E-22 Senjem moved, Canfield second to adopt Resolution No. 401-92
awarding the low bid of $37,033.72 to Starr Concrete on Sidewalk
Replacement No. 5-1992 J 9243. Ayes (7), Nays (0).Motion carried.
E-23 Petersson moved, Crawford second to adopt Resolution No. 402-92 and
403-92 ordering a feasibility report and a public hearing to be
held on August 3, 1992 on Project 8313-92 J 9250 - San. Sewer
Ext. in Future Roadway and in No. Viola Lane in future No. Heights
East 8th Sub. from No. Valley Dr. to the W. Ln of No. Hgts E 7th
plus Watermain in future No. Heights E. 8th Sub. Ayes (7), Nays (0).
E-24 McConnell moved, Crawford second to adopt Resolution No. 404-92
authorizing the City Clerk to advertise for bids on Project No.
7301-91 Phase I, J. 9173 -Ext. of NW Trunkline San. Sewer from its
present terminus at the E Ln W 1/2 NW 1/4 Sec. 16-107-14 in NW Plaza
to W. Circle Dr. and Watermain from NW Plaza to West Circle Dr.
Bids to be opened at 11:00 A.M. on July 31, 1992. Ayes (7), Nays (0)
Motion carried.
E-25 Petersson moved, Crawford second to adopt Resolution No. 405-92
approving Supplemental Agreement No. 2 - San. Sewer Trunkline Thru
Interlachen to 2nd St. S.W. This is for Project No. 9101 J 9176 -
The amount of the agreement is $5,000.00. Ayes (7), Nays (0).Motion
carried.
E-26 Canfield moved, Crawford second to adopt Resolution No. 406-92
awarding the low bid of,$91,660. to A.E.Benike Inc. for Project 8215-
15-92 2nd St. Ramp Rail Modifications J 2594. Ayes (7), Nays (0).
Motion carried.
E-27 McConnell moved, Hunziker second to adopt Resolution No. 407-92
modifying the parking Limited zone C - 20 mn.to read:
33'- 6th St. N. W. on the N. Side from Bdwy to the alley;
and 8:00 A.M. to 5 :00 P.M. Mon. thru Sat. and on the S. side from
lst Ave. to a pt 200 feet more or less E. of First Avenue ; 8 A.M.
to 5 P.M. Mon. thru Fri. Ayes (7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 3S49
Regular Meeting No. 4 - July 6, 1992
Agenda
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E-28 Crawford moved, Senjem second to adopt Resolution No. 408-92
authorizing the City Clerk to advertise for bids to be opened at
11:00 A.M. on July 29, 1992 for building repairs at the Water
Reclamation Plant. Ayes (7), Nays (0).Motion carried.
E-29 Petersson moved, Crawford second to adopt Resolution No. 409-92
approving the Modification No. 6 from Bor-Son Construction, Inc. for
the Solids Handling Improvements at the Water Reclamation Plant.
This is for allowing the contractor an additional 65 days.
Ayes (7), Nays (0).Motion carried.
E-30 McConnell moved, Senjem second to adopt Resolution No. 410-92
authorizing the Mayor and City Clerk to execute a lease with
the U.S. Dept. of Commerce for a small area of land at the
Rochester Municipal Airport . The lease is for 15 years.
Ayes (7), Nays (0).Motion carried.
G-1 President Selby stepped down from the chair and President Pro-Tem
Canfield conducted this hearing. Petersson moved, McConnell second
to remove the Final Plat of Whiting Lane Sub. from the table. Ayes
(6), Nays (0).Motion carried. Petersson moved, McConnell second
to approve the plat with all the conditions as listed on the
Planning and Zoning report. Ayes (6), Nays (0).Motion carried.
Resolution No. 411-92 was adopted.
President Selby returned.-
G-2 Petersson moved, McConnell second to remove the Vacation request
for a utility easement alg the S. Ln of Lot 21, Blk 8 of the
Replat of Blks 3 & 8 Williams -Healy and Cornforth Add. from the
table. Ayes (7), Nays (0).Motion carried. Petersson moved,
Hunziker second to adopt Resolution No. 412-92 apprvoing the vacatioi
of the area encroached by the garage and overhang as
the north 2.35 feet of the W 25' of the 6' utility easement on Lot
21 etc. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning property to R-1 - Lots 1,2,3 of Blk 1 of the
Glendale Hills Sub. was given its first reading.
F-1 An Ordinance Amending Sub. and creating a Sub. 4 an 5 of Sec. 73.10
of RCO Relating to the Prohibition of the Riding of Rollerskates
and Skateboards in the Business Dist. in the City of Rochester was
given its first reading. Petersson moved, McConnell second to
suspend the rules and give this a second reading. Upon Roll Call
vote, Councilmembers Canfield, Crawford, Hunziker, McConnell,
Petersson, Senjem and President Selby voted aye. Ayes (7), Nays
(0).Motion carried. The Ordinance was given its second reading.
Petersson moved, Hunziker second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
��® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 6, 1992
Agenda
Item
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An Ordinance annexing to the City 49.1 acres of Land -Schmidt ann.
revision was given its first reading. McConnell moved, Hunziker sec(
to suspend the rules and give this Ord. a second reading. Upon Roll
call vote, Councilmember Canfield, Crawford,Hunziker, McConnell,
Petersson and Senjem and President Selby voted aye. Ayes (7),
Nays (0).Motion carried. The Ordinance was given.its second reading.
Petersson moved, Hunziker second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
An Ordinance annxing 15.07 acres of land to the City of Rochester
of Willow Hills 3rd, Bamber Ridge 2nd and E. of Lillie's Sub.
in Sec. 22, Rochester Township was given its first reading.
McConnell moved, Hunziker second to suspend the rules and give this
a second reading. Upon Roll Call vote, Councilmembers Canfield,
Crawford,Hunziker,McConnell Petersson and Senjem voted aye. Ayes (7),
Nays (0). Motion carried
McConnell move,! Crawford. second adopting_Res. No. 413-92
approving an Owner Contract for Basic Const: in So. Park Third
with Ratzloff-B�Tgelow. Ayes (7)-; Nays (0).Motion carried.
Petersson. moved.,- Canfield second Adopting Res. 41�4792 approving an
own&'con"tract .for Grading, =Base: ''Bit. Surfacing, Concrete Curb and
Gutter and Storm Sewer to serve -Lots 1 - 10 Blk 1 and Lots 1-8 Blk 2,
Essex Est. 3rd No. American Realty and Road Constructors. Ayes
(7), Nays (0).Motion carried.
Crawford moved, Petersson second to adopt Resolution No. 415-92
approving an owner contract for Grading, Base, Bit. Surf. Concrete
Curb and Gutter to serve Lots 20 - 33 Blk 1 and Lots 8 -12 Blk 2
Lincolnshire 5th Sub. Younge Bldrs. and Road;•Const.'Ayes (7),
Nays (0).Motion carried.
Having no further business, Crawford moved, Petersson second to
adjourn 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
following members being present: President Selby, Councilmembers
Canfield, Crawford, Hunziker, McConnell, Petersson , Senjem .
Absent: None.
A Hearing on the Final Plat to be known as Meadow Heights First Sub.
Wishing to be heard was Ron Bailey of Yaggy Colby rep. the Dev.
He stated that they would like the Council to table this indefinitely
as a land sale is pending. Having no one else present that wished to
be heard, Petersson moved, Crawford second to table this indefinitely
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Q p
CITY OF ROCHESTER, MINNESOTA 995
Regular Meeting No. 4 - July 6, 1992
Agenda
Item
B-2 A Hearing on the Final Plat of Northwest Plaza. Wishing to be
heard was Ron Bailey of Yaggy Colby representing THE Realty.
They are creating a new boundary and this should be O:K. Having no
one else present that wished to be heard, President Selby closed the
hearing. Senjem moved, Canfield second to adopt Resolution No.415A-1
approving the plat. Councilmember Crawford wondered why the fence
was not mentioned. Jane Kansier of the Planning Dept. stated that
it would be put directly on the plat. Ayes (7), Nays (0).Motion
carried.
B-4 A Hearing on the Vacation of the alley ROW adjacent to Lot 22, Blk
1, Flathers Addition. Having no one present that wished to be heard,
President Selby closed the hearing. Petersson moved, Hunziker second
to adopt Resolution No. 417-92 approving the vacation.-
Ayes (7-);,Nays`-(0):Moti,on carried` P
B-3 A Hearing on the Petition to vacate Schmidt -Reiland unused easement
in Lots 1-4 Blk 2 Hampton Rhodes. Having no one present that wished
to be heard, President Selby closed the haering. Petersson moved
Hunziker second to adopt'Resolution No. 416-92 approving the
vacation with the stipulation that Rochester Public Utility is
reimbursed for their costs. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on the petition to vacate a portion of the ROW for 5th
Avenue N. W. No action was taken as the hearing was given notice
but this was tabled for.further action at a later meeting.
B-6 A Hearing on the Application for 1993 State Transit Assistance.
Having no one present that wished to be heard, President Selby
closed the hearing. Petersson moved Hunziker second to adopt
Resolution No. 418-92 authorizing the filing of an application for
State Transit Assistance for 1993 regular route bus service and
Resolution No. 419-92 authorizing the filing of an application
for the Dial - A- Ride services and authorize the Mayor and City
Clerk to execute the agreements. Ayes (7), Nays (0).Motion
carried.
B-7 A Hearing on the Reassessment of certain lots in Golden Hill, Hilme
Highview Acres and Oak Hills and Toogood Plaza. Project 8952 and
J 8729. Having no one present that wished to be heard, President
Selby closed the hearing. Petersson moved, Canfield second to
adopt Resolution No. 420-92 and 421-92 accepting the reassessments.
Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed project to Reconstruct Residential Alleys
in four locations in the City of Rochester, Mn. Wishing to be heard
in opposition because they did not use the alley and they could not
afford this were the following: Mona Mesky of 15 6th St. N. W.;
Ann Schneekloth of 104 7th St. N. W.; Ms.Siem of 618 9th St. S.W.;
Linda Kranz of 1114 2nd Avenue N. W.; Lloyd Freed of 16 12th St. N.W
Duane Beckman of 614 9th St. N. W. and Helen Aarsvold of 22 12th St.
N. W. Questions asked about the payment were answered by Roger Plumb
Public Services Director. Having no one else present that wished
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular Meeting T�'oOF4 ROuF ES�Fq,96 JINNESOTA
to be heard, President Selby closed the hearing. Crawford moved,
Hunziker second to adopt Resolution No. 422-92 accepting the
project. Alderman Senjem wondered if this could not be spread
over more then 2 years if this was a hardship on people to pay.
It is a policy that 2 years are given to pay alley's.
Ayes (7), Nays (0).Motion carried.
Having no further business, Crawford moved, Canfield second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
City Clerk
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