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HomeMy WebLinkAbout09-21-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - September 21, 1981 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Powers, Solinger.and Strain.. Absent : Alderman Duffy. Allen moved, Strain second to approve the minutes of the September 8, and 9th, 1981 meeting. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the Petition to Amend the Future Land Use Map from "Low Density Residential" to '.'Medium Density Residential" and rezone from R-1 to R-3 on land lying adjacent on the East to 55th Street Estates First Subdivision. Wishing to be heard was Bob Patterson,. Attorney,representing the petitioner, Don Schmidt and urged the Counc- to approve this petition. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Allen second to adopt Resolution No. 524-81 making the zone change. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on the Project No. 8006-J 8729 Watertower,Booster Station, and connecting trunkmains to serve the High Level District S. W. Area easterly of Trunk Highway No. 52 , west of Trunk Highway No. 63 and south of 16th Street and Mayowood Road S.W. Wishing to be heard was Doug Betts, of the firm McGhie and Betts, architects in Rochester Minnesota. Mr. Betts presented slides:of the project. The City re- ceived a..:.-peti;lon requesting this project. Mr. Betts presented an area location of the tank, booster station and where the mains would be located. He stated that 12 inch mains would be put in instead of the usual 8 inch mains. The City would pick up the diff- erence in the cost for the 12 inch mai.n. The people would only be charged for the 8 inch main. Also present for any questions were Francis Brennan of the City Water Department and Mr. Richard Peter of the Public Health Center. Mr. Fred Suhler,.City Attorney questionE Mr. Al Toddie of the Public Services Department,on the purpose of thi! project. Mr. Toddie explained that 26% of the area petitioned for this project . The project was carried in our Capitol Improvement Project since 1977. Mr. Toddie stated that since 1963 a committee studied this feasibility and recommended that it be initiated. It was questioned whether or not this project was being brought beforE the Council at this time because of the proposed condominiums of land known as the. Ulrich's Orchard. Mr. Peter of the Health Departmer stated that we do.have water contamination in the area. He also stated that the sewage is a problem and mains should be initiated. Mr. Peter stated that the projected water flow is from South to North and will flow into the.community water supply. Wishing to be heard was Frank Michaels, Attorney for Rochester Township. He stated he had dozens of inquiries about this project and the Forest Hills area has their own water system. He stated that the polluted area is to the east of the Forest Hills area. He was wondering if this Forest Hills area should be included since they have their own system. He also wondered if the City -of -Rochester would be able to argue the benefit to the property if the area were included. Mr. Fred Suhler, City Attorney, stated that the time to argue assessment is at the IG47 f 1648 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - September 21, 1981 assessment hearing. As far as annexation, which is a fear of all the people, the City has no formal policy for orderly annexation. Alderman Strain questioned the condition of the water in Forest Hills Mr. Peter stated that it was in good shape when it was tested May 9. Wishing to be heard was Ken Heins of 112 Westchester Ct., Forest Hills. He stated that to argue the assessment after the project is completed is a little late. He stated the amount of the assessment is vague as to how it will be assessed by the acre, frontage or what. He desired more hearings before this project can be decided. He is opposed. Curt Lair of 21st St. S. W. Thinks the water should be provided and assessed only to the area that it is used. He also wanted to know if the Water tower in Meadow Park -could provide water service to the petitioners. Francis Brennan of the Water Department stated that the Meadow Park tower was not high enough. He also stated that the Forest Hills water system does not have adequate water for fire protection. Wishing to be heard was Elmer Hyke, Rochester, Minnesota. He stated'hl's oppos=i-tIon 'to this. He had his water tested locally, and it was co.htar�ina ed "He'-theh took a sample out of the City and it tested O.K. Alderman Powers made the statement that this Council does not want to bring anyone into the City. This has nothing to do with annexation. Wishing to be heard was Chris Hanson of 914 Forest Hills Drive S.W. Is opposed to this project. Thinks the developer should pay for the project if they want it. Harold Gerdes of 1916 3rd Avenue S. W. stated that back in the 1960's the Council encouraged building the water tower. President Postier stated that he did not recall this. R.J. Smith of 1659 6th Avenue S. W. Lives in Toogood Plaza and does not think the project is necessary. A letter in opposition was presented from Dr. John Carlson of 1672 6th Avenue S. W. Richard Kuslie of 523 17th Avenue S. W. wished to be heard and was opposed. Gary Hanson of 207 22nd St. S. W. Questioned Mr. Betts on the cost figures and would hookup cost be extra etc. He stated that a sewer line would have to be put in to eventually solve the problem. Bill Lesmei,ster of 1613 4th Avenue S. W. wished to be heard and was concerned about the developer that was coming to the area. He wanted more information about this. Walter Castle, spoke on the 60 acres of land that. is considered. He said that moderate income homes are going to be built with lots of 9,000 sq. ft. He stated that what other developers do is something that he cannot speak for. Pearl Hendricks of1710 4th Avenue S. W. is opposed. Jerry Young of 1708 3rd Avenue S.W. is in favor of the project. Thinks some grant could be received to help defray the costs. He also wanted to know what the cost to each house would be. President Postier stated that Rochester is not eligible for many grants due to the high income average. Mary Ann Landwehr of 1080 Forest Hills Dr. questioned the deferred interest procedure. Mike McDermott of 31-0 19th St. S. W. is opposed, Vern Knopp of 501 17th Avenue S. W. questioned the assessment procedure. He stated that if his property gets no benefit, would he be still assessed. He was told that i;f he is annexed to the City he would be assessed. Bruno Lisi of 1044 Mayowood Road S.W. wondered if another meeting would be held concerning this project. He was I told the only other hearing would be an assessment hearing if the Council approved the project. Ha.vi,ng no one else present that wished RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1649 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12, September 21, 1981 - Agenda Item to be heard, President Postier closed the hearing. Discussion by B-2 the Council was held. Alderman Strain questioned what other mech- anism the developers could be able to use if the tower was not put up. Francis Brennan stated that a system like Forest Hills could be built, but the fire protection would not be adequate. Alderman Solinger asked why a storage shed could not be used. Francis Brennan stated that the elevation is wrong. Rose Gianetto of 117 Westchester Ct. Forest Hills questioned if the area would ever be forced to come into the City. President Postier stated he rather doubted it. Alderman Solinger went on to say that this area has been troubled with water problems. It has been planned over an area. The assessment would not affect those people who are out of the City and do not ever come into the City. Alderman Strain supports this in concept, not annexed, no pay, not assessed. However he thinks a sewer system is needed more then the tower and is concerned about the over-all plan. Alderman Powers stated that his first reaction is to vote against the project. But he has seen over the years, people beg for a better water system. Because of this he will vote for the project. Having no further discussion, Solinger moved, Strain second to approve the project and adopt Resolution No. 525-81. Ayes (6), Nays (0). Motion carried. E-1 Strain moved, Solinger second to approve the Change Order No. 8 relative to the construction of the new Water Reclamation Plant. This would add an amount of $29,854.90. Ayes (6), Nays (0). Motion carried. E-2 Bluhm moved,; Powers second .to approve the On -Sale Intoxicating Liquor License for Mexican-Midwest,.Inc. to be located at Miracle Mile Shopping -Center. This will be opened in early 1982. The application was received from Gerald Hlady, Farmington, Mn and Gary Larson, Rochester, Minnesota. Ayes (5), Nays (1). Alderman Allen voting nay. Motion carried. E-3 Bluhm moved, Allen.second to adopt Resolution No. 526-81 awarding the low bid of Adolfson and Peterson of Minneapolis for the West Center Street Parking Ramp as follows: Base Bid: $2,690,000. Alternate No. 3 Floor Sealer in an amount:of $7,600. and Al'ternate No. 6 in an amount of $25,000.00 were approved. Ayes (6), Nays (0). Motion carried. E-4 Allen moved, Solinger second to approve the Accounts Payable (semi monthly ) in an amount of $398,530.79. Ayes,(6), Nays (0). Motion carried. E-5 Allen moved, Powers second to adopt Resolution'No. 527-81 approving the additional securities in the amount of $1,453,803.00 in lieu of a depository bond and releases in the amount of $-0- from Reliance Savings and Loan Association. Resolution No. 528-81 in the amount of $648,097. in lieu of a depository bond and releases in the amount of $648,097..from Home Federal Savings and Loan. Resolution No. 529- 81 in the amount of $-0- in lieu of a depository bond in the amount 1650 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - September 21, 1981 Agenda Item E-5 E-7 E-6 E-9 E-10 E-11 E-12 E-13 of $371,735.13 from Northwestern National Bank. Resolution No. 530-81 approving additional securities in the amount of $3,935,000. in lieu of a depository bond and releases in the amount of $3,935,000.00 from First Bank Rochester. Ayes (6), Nays (0). Motion carried. Bluhm moved, Strain second to adopt Resolution No. 531-81 approving a resolution of the Public Utility Board authorizing change in classification of the Environmental Coordinator from non-exempt to exempt. The employee would be placed.at exempt grid E-5-13 $21,240.00 Ayes (6), Nays (0). Moti.on carried. Solinger moved, Strain second to Adopt Resolution No. 532-81 approving a Bicycle Trail Grant Application and authorizing the Mayor and City Clerk to execute and file the application , and,*. verification .. The local cost -share is available. Motion carried. Allen moved, Strain second to approve the Request for a Pay Grade Increase for Harold Alger be advanced one pay grade effective September 1, 1981. Ayes.(6), Nays (0). Motion carried. This is based on his prior experience. Bluhm moved, Strain second to adopt Resoluti6n.:533-81 approving the September, 1981 Affirmative Action Plan as the official plan for the City of Rochester, Minnesota. Ayes (6), Nays (0). Motion carried Powers moved, Allen second to adopt Resolution No. 534-81 approving the request that the City of Rochester enter into an agreement with the Center for Effective Living to provide services as a diagnostic and referral agent to the City's Employee Assistance Program. Ayes (6), Nays (0). Motion carried. Strain moved, Solinger second to.adopt Resolution No. 535-81 approvin the petition for vacation of a portion of a 20' wide utility easement along the East Side of Andy's Crossroad's Liquor at 56 Crossroad's Center. This is setting a date for hearing on October 19, 1981 at 7:30 P.M. Ayes (6), Nays (0). Motion carried. Resolution No. 535-81 Strain moved, Bluhm second to adopt -Resolution No. 536-81 instructin the City Clerk to advertise for bids on Project No. 8101 J 8752 Santiary Sewer extension along the south line of Section 14, T106N, R14W from the southeast corner of Section 14 to the west side of T.H. No. 63 and along the west side of T.H. No. 63 to 25th Street S. W. plus watermain extension across the T.H. No. 63 Right-of-way. Bids to be opened at 11:00 A.M. October 28, 1981. Ayes (6), Nays (0) Motion carried. Solinger moved, Strain second to approve the change order No. 9 relative to.the construction of the new Water Reclamation Plant. There are.39 items in this change order adding an amount of $28,918. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL- PROCEEDINGS OF THE COMMON COUNCIL��� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 1.2 - September 21, 1981 Agenda Item F-1 An Ordinance Rezoning Certain 1659 ( Schmidt/Berg Property was given its first reading. Property and Amending Ordinance No. to R-3 Medium Density: Residential ) F-1 An Ordinance Relating to the Ward Boundaries of the City of Rochester; Realigning the same to conform to the 1980 Decennial Census: Amending Rochester Code of Ordinances Sections 26.01; 26.02; 26.03, 26.04, 26.05 , 26.06, 26.07. was given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to the Human Rights Ordinance for the City of Rochester; Amending Chapter 80 of the.Rochester Code of Ordinance by'Amending Sections 80.02, 80.03, 80.04, 80.07, 80.08, 80.09, 80.10, 80.11, 80.14, and 80.16 and Adding Sections 80.055, 80.075, 80.125. and 80.145. was given its second reading. StraJn..moved, Allen second to adopt the Ordinance as read. Ayes (6); Nays (0). Motion carried. F-1 Bluhm moved, Allen second to adopt Resolution No. 537-81 granting a revocable permit to Pendle - Hansen, Bagne Realty, Inc. to permit the underground.buildng footings of Buena Vista Condominiums to protrude six inches on to the rightof way of 14th Street N. E. for a distance of 208 feet 4 inches. Ayes (6), Nays (0). Motion carried. ' F-1 Allen moved, Strain second to adopt Resolution No. 538-81 approving a contract with North American Realty.,and Elliot Construction Company to provide for sanitary sewer and watermain construction to serve the site of the Target Store at 37th St. N. W. and T.H. 52. Ayes (6) Nays (0). Motion carried. Having no further business, Powers moved, Allen second to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk Information: September 21, 1981 1. Notice of Claim - Angelo Psomas vs City of Rochester Referred to Attorney's Office I c