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HomeMy WebLinkAbout09-03-19861 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2721 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 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, Canfield, Hunziker, Solinger and Strain. Absent: None. Bluhm moved, Allen second to approve the minutes of the August 18, 1986 meeting. Ayes (7), Nays (0).Motion carried. B-1 -A Hearing on the Application for CY 1987 State Transit Assistance for fixed route transit service and the Dial -a -ride service. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 510-86 authorizing the submission of an application for CY 1987 State Transit Assistance for fixed route transit service and to execute such a contract with the State of Minnesota. Resolution No. 511-86 authoriz- ing the submission of an application for CY 1987 State Transit Assista for Dial -a -ride services and the execution of a contract with the State for such assistance. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Application for Planned Unit Development ( Final Plan ) No. 86-4 at 30th Avenue N. W. and Valleyhigh Drive. Wishing tc be heard was Jeff Thiesius of Rochester, Mn. and represents the developer and stated that they agree to the conditions that the City has asked for. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Solinger second to adopt Resolution No. 512-86 approving the PUD with the following three conditions: 1. Submittal of homeowners association documents which specifically give all owners the right to use the common open space area even if it is not located in their specific phase of the development. 2. A final plat be required which must be filed before building permits will be issued. The plat should dedicate the nec- essary utility easements. 3. The specifics of the style and type of area lighting be provided, and the applicant should,receive writter approval of the adequacy of the system from the Crime Resistance Unit. Ayes (7), Nays -(0).Motion carried. B-3 A Hearing on the Project No. 8605-A J 8963 Water Service from 2nd Street S. W. to serve the Aspens Townhome Project. Having no one wishing to be heard, President Postier closed the hearing. Canfield moved, Bluhm second to adopt Resolution No. 513-86 ordering the project to be made. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Proposed Assessment on Project No. 6241-4-79 J 2126 Grading and Surfacing 41st St. N. W. from Summit Square to West River Parkway. Wishing to be heard was Ery Walth 1024 21st St. N. E. and is having a problem with surface water on his property. He state( since the City built the street and put a storm sewer on the lower end of his property he gets back water from all the rain and he does not think this is fair. Mr. Roger Plumb, Public Services Dir. stated that they always put the sewer in the low part of an area. It this sewer is put in the high part of the property the line would have to be dug deep enough to flow.if it is to drain into the sewer. He also stated that a property owner pays for a storm sewer himself if he needs drainage. Adlerman Strain reminded Mr. Walth that since ce 2722 Agenda Item B-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 41st Street has been improved, this would have an increased value on his property. Alderman Allen stated that when a storm sewer is built in 40th Street this would collect the water at the other end of the property and should help the situation. President Postiei stated that the City has always put a sewer on the lower part of a piece of property or project to drain the water better. Mr. Walth stated that he thinks this is still unfair. Having no one else present that wished to be heard, President Postier closed the hearin(. Alderman Strain asked Mr. Plumb " In the past when a new street and new grading was put in the developer would have to pay for the assessment, in this case the property owner is only being charged 20% and the City/State is picking up the 80%. Mr. Plumb stated that in the past when the developer requests the improvements then they pay for the entire amount . In the case where the City wanted to build West River Parkway and 41st St. The City asked for Right-of- way and initiated the project before the property owner -requested it. Having no further dicsussion, Solinger moved, Bluhm second to adopt Resolution No. 514-86 accepting the assessments. Ayes (6), Nays (1). Alderman Strain voting nay. Motion carried. Alderman Strain stated that the reason that he voted nay was because of the split policy on the assessment procedure such as if the City waits until the developer requests an -improvement then they pay for the improvements and if the City puts in the improvements then the proeprty owner pays only a percentage of the improvement cost. Alderman Strain stated that in this case, Mr. Walth got a good deal because he only had to pay 20% of the total improvement cost. A Hearing on the Proposed Assessment on Project No. 6207-4-85 J 8888 Street Reconstruction on 6th Street S. W. from 14th Avenue S. W. to East Frontage Road T.H. 52. Wishing to be heard was Steve Buskirk of 603 14th Avenue S. W. He was concerned about the cost of the assessment and the method used by the City on the corner lots. The City will pay 120 feet of the long side and the property owner pays the remaining 15 feet. The property owner will be responsible for the short side of the corner lot. The previous policy was that the City would pay 1/2 the long side and the short side. In this case it would come out to an even amount. The City however has not put this improvement into the short side. Mr. Plumb stated that this will be put in writing the next couple of years. Wishing to be heard was Jerry Katzmann of 1517 6th Street S. W. He wished to state that he was unhappy about the connection charge that was assessed to him. This assessment is approx. $1,000. higher then was quoted to him by a City representative. He was quoted that the charge would be $300-$400. at the most to connect to this project. It was done by City contractors and the bid price should have been known at the time Mr. Katzmann inquired about connection charge. Mr. Plumb, Public Services Director stated that problems may have occurred when they were digging in the sewer and that is why the charges would have been higher. However, Mr. Plumb stated that he was not familiar with this case and did not have the figures in front of him at this meeting. Having no one else wishing to be heard, President Postier closed the hearing. Aldermen wanted to get answers to the questions that Mr. Katzmann raised and therefore i] [1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 272 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - Sept. 3, 1986 Agenda Item B-5 Council decided to hold over this hearing for action. Canfield moved, Strain second to hold this hearing over until the September 15, 1986 Council meeting. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Proposed Assessment on Project No. 8403-85 J 8906 Sanitary Sewer and Watermain to serve Shreve Property ( 37th Street Business Park ) in 37th Street and East River Road Area. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to adopt Resolution No. 515-86 accepting the assessment. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Project No. 6354-86 J 8964 - Reconstruction of a Drainage Ditch with a six foot wide concrete bottom adjacent to Bel Air 4th Subdivision. Wishing to be heard was Raymond Kirtz of 1200 34th St. N. W. He is requesting that the City pay for 50% of th s improvement. He stated that the City paid for 50% of the improvement in Bel Air I and II. Mr. Roger Plumb, Public Services Dir. stated that this was correct. Alderman Solinger reminded the Council that when Bel Air I and II were considered that drainage was coming in from both sides and one in from another location near the top of the property. Alderman Solinger stated that the developer should be made to put in a better system. This area was terrible a year ago and it is worse now. Wishing to be heard was Mark Wigness and has property near the bottom of this area. He stated that the rock put in the drainage will wash away and end up downstream. He would like to see some property added into this project. President Postier stated that we cannot add to a project and that if he wanted this improvement we would have to have him petition for these improvements. Wishing to be heard was Ruth Stoeckel of 1410 34th St. N. W. and wanted to support the request that the City pay 50% of the cost. She also stated that the developer stated that he would have this drainage ditch taken care of and now the property owners are being assessed. Wishing to be heard was Glen Bartels of 1120 34th Street N. W. and agrees with Ms. Stoeckel. He stated that they were given a verbal promise that this drainage would be taken care of by the developer. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to adopt Resolution No. 516-86 approving this project with the City paying 50% of the cost. Ayes (7), Nays (0). Motion carried. It was noted by President Postier that a precident was set before by action taken on Bel Air I and II. B-8 A Hearing on the Proposed Assessment on Project No. 6204-3-85 J 8889 Street Reconstruction on 4th Street S. W. from 2nd Avenue to 6th Avenue S. W. Having no one present that wished to be heard, Presiden Postier closed the hearing. Bluhm moved, Allen second to adopt Resolution No. 517-86 accepting the assessments. Ayes (7), Nays (0). Motion carried. C-1 Solinger moved, Strain second to approve the Mayor's appointment of Patrick Farrell to fill the position of Police Chief in the Police Department effective September 15, 1986. He will receive an annual salary of $53,000.00. Ayes (7), Nays (0).Motion carried. Fr RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2724 Agenda Item E-1 W' E-3 E-4 E-5 X: E-7 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 Allen moved, Bluhm second to adopt Resolution No. 518-86 adding the communities of Zumbro Falls, Plainview, Elgin, St. Charles and the Rochester Airport to the Mutual Aid Agreement with a stipulation that our Mutual Aid Agreement applies to all calls within Olmsted County and to the municipalities in the agreement. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 519-86 approving the agreement with HUD to participate in the Urban Homestead Program. Ayes (7), Nays (0).Motion carried. Allen moved, Canfield second to adopt Resolution No. 520-86 authoriz- ing the Mayor and the City Clerk to sign any and all documents necessary to deobligate the sum of $750,000. This is a portion of the AIP 3-27-0084-01 Grant for the Runway 13/31 Reconstruction project. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 521-86 approvi g the new lease for Federal Aviation Administration office space. This lease is for five - one year periods at $34,903.00 per year. The Mayor and the City Clerk are authorized to sign the lease and copies. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 522-86 approvinc a Land Lease with Northwestern Bell Telephone for a 16' x 17' brick equipment building. Lease price is .10 a sq. ft. per year. Term for this is 20 years. Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to rescind approval by Resolution of the August 18, 1986 meeting of the Final Estimate in the amount of $19,585.85 to Road Constructors for work at the Rochester Municipal Airport. An error had been made in the final calculations Ayes (7), Nays (0).Motion carried. Canfield moved, Allen second to approve the payment submitted by the Rochester Municipal Airport as follows: 1. $234,918.64 for Estimate No. 2 with Doyle Conner Company for Run way 13/31 Reconstruction Project No. J 6929 2. $19,033.25 with McGhie and Betts, Inc. for construction inspectil on Runway 13/31 Project No. J 6929. 3. $11,506.28 ( 6-30-86) and $13,992.47 ( 7-31-86 ) With Miller Dunwiddie Associates for Architectural Services - Phase II - for General Aviation Hangar Remodeling and Terminal. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to instruct the City Attorney to prepare a revision to the language of the Rochester Code of Ordinances which relates to truck routes - definition of "truck" along with an explanation. Ayes (7), Nays (0). Motion carried. 1 E-9 Bluhm moved, Allen second to instruct the City Attorney to prepare an amendment to the Rochester Code of Ordinances to provide that municipal parking lots, and rates charge therein be established by a resolution. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2725 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 Agenda Item E-10 Bluhm moved, Hunziker second to approve the following license & bond! Request received from Jim's Original located at the corner of 5th Street and 5th Place N. W. for an Auction permit and to hold an Auction on September 3, 1986 ( This was prior approved ). Request received from Franklin Urban , Jr. Eyota for a Heating and Ventilating and Air -Conditioning Master Installer's license for a period ending Dec. 31, 1986. Request received from Frank's Plumbing and Heating, Eyota for a Heating , Ventilating and Air -Conditioning Contractor's license for a period ending Dec. 31, 1986. Request received from Ron's Red Owl - 1605 North Broadway for a single dance permit for August 19, 1986. ( This received prior approval ). Request received from Buy/Sell Auction Company of 909 North Broadway for a used farm equipment at auction on Sept. 13, 1986. Request received from the Rochester Area Disabled Athletics and Recreation for a raffle license with the State of Minnesota. the Council also granted them the waiver of the.30 day waiting period required by State Law. Ayes (7 ), Nays (0).Motion carried. E-11 Hunziker moved, Allen second to approve the request received from Road Race co -sponsored by the Olmsted Community Hospital Medical Group and the Rochester Track Club to be held on September 20, 1986. Ayes (7), Nays (0).Motion carried. E-12 Solinger moved, Hunziker second to approve the request received from the Rochester Track Club for a running race on November 1, 1986 at Willow Creek Junior High School. Ayes (7), Nays (0). Motion carried. E-13 Allen moved, Strain second to approve the Accounts Payable in the amount of $822,325.13 - list in the City Clerk's Office. Ayes (7), Nays (0).Motion carried. E_-14 Strain moved, Hunziker second to adopt Resolution No. 523-86 authorz• ing the City Clerk to advertise for bids on a year's supply of liquid aluminum sulphate. Bids to be opened at 11:00 A.M. on September 29, 1986. Ayes (7), Nays (0).Motion carried. E-15 Hunziker moved, Strain second to adopt Resolution No. 524-86 setting a hearing date of October 6,1986 at 7:30 P.M. on the vacation request No. 86-14 to vacate a portion of the utility easement at 819 34th Avenue Court N. W. Ayes (7), Nays (0). Motion carried. E-16 Allen moved, Strain second to adopt Resoltuion No. 525-86 setting a hearing date of October 6, 1986 at 7:30 P.M. on the vacation request No. 86-13 to vacate the various utility easements in Real Estate Center lst Subdivision. Ayes (7), Nays (0) Motion carried. Agenda Item E-17 E-18 E-19 E-20 E-21 E-22 E-23 E-24 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 Strain moved, Solinger second to approve the property exchange of the State of Minnesota conveying to the City a 29,399 square foot parcel of land lying North of Plaza 41 and East of the West Frontage Road TH 52. The City will then deed this parcel to the owners of the Plaza 41 in exchange for the parcel needed for the NW Ramp Parcel 640B. Ayes (7), Nays (0).Motion carried.Res.525A-86 adop' Hunziker moved, Strain second to adopt Resolution No. 526-86 and 527-86 and 528-86 ordering andaccepting the feasibility report and ordering a hearing to be held on October 6, 1986 and authorizing the City Clerk to advertise for bids to be opened on Oct. 1, 1986 on Project No. 7806-86A J 8969 - San. Sew. Ext. in S. Village Circle the West ROW of 21st Ave. S. E. and alg the S. line of Lot 32 Blk 1, Campus Village III and Parcels 01400 and 01500 in the SW 1/4 Sec. 6-106-14. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 529-86 approving t proposal for Engineering Services in Foxcroft - Phase I - Project 8604-1-86 J 8934 - Grading , Base, Concrete Curb and Gutter, Bitumino Surfacing, Seal Coating, Sanitary Sewer, Watermain , Storm Sewer and Service Connections in Foxcroft - Phase I. - This is with McGhie and Betts, Inc. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the placement of an adult school crossing guard to be stationed at 13th Avenue and 41st N. W. to assist children walking to and from Gage School. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 530-86 requesting a hearing to be held on September 15, 1986 on the proposed route and fare changes on the Rochester City Lines bus system. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 531-86 to authorize the City Clerk to advertise for bids on 12 reflective signs on aluminum sheet metal - 5 internally illuminated signs and 8 modify existing signs. Bids to be opened at 11:00 A.M. on Sept. 24, 1986. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to adopt Resolution No. 532-86 awarding the low bid to Elcor Enterprise , Rochester, Mn. for the bid of $57,940.90 on Project No. 5716-85 J 8911 - Reconstruction of Watermain on 16th Avenue N. W. from llth Avenue N. W. to Elton Hills Drive N. W. plus Construction of curbed island at the llth Avenue and 16th Avenue intersection. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 533-86 and 534- 86 declaring the costs to be assessed and ordering a hearing to be held on October 6, 1986 on Project 7101 J 8359 -Sanitary Sewer and Watermain Extension to Minnesota Bible College. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL,, CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 Agenda Item E-25_ Bluhm moved, Strain second to adopt Resolution No. 535-86 and 536-86 declaring the cost to be assessed and ordering a public hearing to be held on October 6, 1986 on Project No. 6216-3-71 J 8372 - Street Improvements in 16th Street S. W. TH 63 to West Line Graham Addition. Ayes. (7), Nays (0).Motion carried. E-26 Strain moved, Canfield second to adopt Resolution No. 537-86 and 538-86 declaring the costs to be assessed and ordering a public hearii to be held on October 6, 1986 on Project No. 6706- Part I ,II, IIA J 8183 on Water Tower and Trunk Watermain for S. W. Service Area ( Apache Tower ). Ayes (7), Nays (0).Motion carried. E-27 I Allen moved, Hunziker second to approve the following.resolutions adopted by the Public Utility Board: Resolution No. 539-86 approving a purchase order agreement with Bristol.Babcock for field instrumentation in the amount of $50,340.00 Resolution No. 540-86 approving a purchase order agreementari th Grayba Electric for transformers in the amount of $85,680.00. Resolution No. 541-86 approving a contract agreement with Hooper Construction Corp. for a bus tie breaker at Cascade Creek Substation in the amount of $54,481.40. Resolution No. 542-86 approving a consulting services agreement with Theodore Barry and Associates to conduct a Management audit of Rochester Public Utilities in the amount not to exceed $140,000. Resolution No. 543-86 approving a consulting services agreement with Peat=Marwick Mitchell and Co. for developing and implementing a disbursement audit function in the amount of $18,500. Resolution No. 544-86 approving a SCADA Phase III professional servic agreement with EMA, Inc. and Integrated Technology for Control programming on IBM PC at microcomputers in the amount of $115,016.00. Ayes (7), Nays (0).Motion carried. E-28 Bluhm moved, Solinger second to approve the (former) On - Sale and Off -Sale Non -Intoxicating Malt Liquor (3.2 beer ) licenses for. Trua:x's at 2116 South Broadway. This was formerly the Point After Bar and has been closed for the past 11 months. The former owner was Ty Truax and is desiring to reopen this. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance No. 2490B annexing certain lands in Baihly Woodland Second Sub. to correct an erroneous legal desc. contained in the prev iously passed and adopted Ordinance No. 2490A-on April 7, 1985 was given its first reading. IRGJ 2720 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 3, 1986 Agenda Item An Ordinance Relating to Truck Routes: providing for the definition F-1 of a truck; amending the Rochester Code of Ordinance Sec. 135.01, Sub. was given its first reading. F-1 An Ordinance Relating to Municipal Parking Lots; providing for the establishment of; providing for rates and collection of fees; amending the Rochester Code of Ordinances, Sec. 133.01,133.02 and 133.1 was given its first reading. F-1 An Ordinance Rezoning certain property creating a PUD District known as PUD-R-86 and amending Ord. No. 1659 known as the Zoning Code of the City of Rochester, Mn. - Valley high Village Sub. was given its first reading. Canfield moved, Allen second to suspend the rules and given this Ordinance a second reading. Upon Roll call vote, ldermen Allen, Bluhm, Canfield, Hunziker, Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0).The ordinance was gives its second reading. Canfield moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property and amending Ord. 1659 (B-4 ) General Business on Lots 1 and 2 Block 1 Meadow Park Sixth Sub. was given its second reading. Strain moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Allen moved, Strain second to adjourn he meeting. Ayes (7), Nays (0). Motion carried. City Clerk Information - 9-3-86 1. Notice of claim received as follows: Mrs. Arlan Wilson - Barry J. Combs These were referred to the Finance Dept. and City Attorney . Notice of Conciliation Court Judgement - Emily Gorski - Ref. City Attorney and Finance Dept. Committee of the Whole minutes of 7-21-86. 3 )3 1 I