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HomeMy WebLinkAbout12-21-1987RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2991 1 Agenda Item Adjourned Meetinq No. 20 - December 21, 1987 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier,,Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. McConnell moved, Canfield second to approve the minutes of the December 7, 1987 meeting. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Request of the Mayo Foundation for Issuance of Refunding Bonds in the amount of $41,890.00 and approving the advanced refunding of the previous St. Mary's and Methodist issues. This is series No. 1988A and 1988B. Ayes (7), Nays (0).Motion carri Resolution No. 599-87 is adopted. B-2 A Hearing on the Reassessment of Property Project No. 6206-3-85 J 8888. This matter was being appealed to District Court. After reviewing the case, Fred Suhler, Jr. City Attorney recommended that the assessment be lowered from the original amount of $1,372.50 to that of $244.05. Mayo Medical Resources owns. this land at the present date. The City Attorney had ruled that this parcel could be reassessed based on the fact that the City had changed its policy on assessing property at the time of the assessment dated in Sept. 3, 1986. Council agreed that the policy that was in effect Sept. 3, 1986 would remain in force and with that in mind, concurred with the City Attorney on the reduced amount. Wishing to be heard was Robert Patterson, Attorney for the Buskirk's He urged the Council to reduce the assessment based on the facts as stated above. Having no one else present that wished to be heard, President Postie closed the hearing. Solinger moved, Canfield second to adjust the assessment for Project No. 6206-3-85 J 8888 Parcel 03900 and Plat 5110 to $244.05 total. Ayes (7), Nays (0).Motion carried. 13-3 A Hearing on the Proposed Reassessment of Property - Project No. 6107-85 J 8890. This matter was being appealed to District Court. After reviewing the case, Fred Suhler, Jr., City Attorney recommender that this assessment be lowered because of the fact that the improve- ment would be worth more than the property appraisal. Wishing to be heard was Robert Patterson, Attorney for the Mackie Property, located in the southwest quadrant of 20th St. and 3rd Ave. S. E. He stated that the assessment is $9,362.74 and if it is reduced to $4,000.00 - as recommended - then the assessment would still be more than the property is worth. An appraisal was made and without the improvement the property is worth $1,500.00. They have been trying to sell this and,cannot find a buyer. Aldermen questioned the fact that the improvement would not be an asset to some buyer and that the property would indeed have a higher value. Alderman Strain would like to see further review of this request. With that in mind, and having no one else present that wished to be heard Strain moved, Bluhm second to table this for further discussion. Ayes (7), Nays (0).Motion carried. 2992 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 20 - December 21, 1987 Agenda Item B-4 A Hearing on the Final Plat No. 87-20 Liberty Manor Townhomes Second Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to approve the Plat and adopt Resolution No. 600-87. This is approved subject to the inclusion of a ten foot easement in the plat. This was requested by the Public Utility Dept. Ayes (7), Nays (0).Motion carried. E-1 Discussion was held by the Council on an ordinance change on curbside collection of solid waste. Alderman Bolinger asked that the Council look at this situation. Alderman Solinger stated that curbside pick-Lp should be regulated for the following reasons: 1. Weather conditions in the City are extreme in nature thus creating litter, tip over, unsightly litter, health hazards and in general make a mess. 2. People set -excess garbage along side the regulated 90 gallon container " They never seem to have enough room". 3. The independent haulers have been successful in the City with their method of pick-up and hauling. 4. Independent haulers have been competitive and kept the pick-up and hauling prices reasonabAe. 5. The customers have a choice as to who hauls for them. 6. With the independent haulers operating in the City pick-up can occur every day of the week - if curbside collection would be allowed, this_ unsightly condition would always be appearing somewhere. 7. Many households have spouses working and thus the chances for the solid waste container to be put on curbside would be the night before pick-up and probably not returned until the next evening. Alderman Hunziker stated that a discussion of the different govern- ment bodies that are involved with this should get together and iron out the difficulties that may be involved before the Council adopts any official document. Alderman Solinger stated that he has been moving on this for some time and would like to see a resolution ( he presented a draft res.) adopted and an ordinance to follow. During the time that the ordinance is getting the proper readings, discussion can be made. Discussion would be necessary with the County Board since they actua license the haulers. Alderman Hunziker questioned the position of policing the haulers. Would the do it themselves, have us do it and can we the City Y ( Y ) legally do this.? Fred Suhler, City Attorney stated that the City can tell the Police Dept. that a person should conduct their busines. a certain way and they would have to enforce this. It would carry a $700.00 penalty for each occurrence. Alderman Canfield stated that he thinks sectioning the solid waste pick-up would be the only sensible way of collecting. He also suggested that solid waste one day on the curb isn't all that bad. He stated that the bidding process could be used on who could haul the solid waste. A1dEeman Bluhm stated that the free enterprise ly 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2993 ourned Meeting No. 20 - December 21, 1987 Agenda Item E-1 should be allowed in the City. The little hauler would probably have a higher bid than a hauler with 80% of the business. He did not think this would work. Having no further discussion, Solinger moved, Bluhm second to approve Resolution No. 600A-87 re -affirming the City's opposition on curbside collection of solid waste at any time and to instruct the City Attorney to prepare an ordinance revision to clarify that vi6lation'of this curbside pick-up would constitute a violation of the Rochester Solid Waste Ordinance. The Resolution also requests the cooperation of the County Commissioners to enforce, through the Health Department, the collection of solid waste from locations which are setback at least equivalent to the front yard setback for collection within residential districts within the City of Rochester Ayes (6);,Nays (1). Alderman Hunziker voting nay. Motion carried. E-2 Strain moved, Canfield second to approve the following licenses & b( Request received from 3-C of Rochester for a transfer license to sell cigarette Over -The -Counter from Ron's-Red Owl for the period ending March 31, 1988. The request also approved a transfer of the 3.2 Off -Sale beer license. Request received from Bernard's Vending, Inc. for a vending license for Parkway Car Wash ( Cigarette ) for a period ending March 31,19& Request received from Jeffrey W. Moen, Auction Express for approval of an Auctioneer's license for a period ending Dec. 31, 1988 and also applied for an Auction permit to hold an Auction Permit for a Mayo Medical Consignment auction at 515 North Broadway on January 3, 1988. A renewal license was submitted for approval from Church of Resurrection of Rochester for their annual Gambling license. Ayes (7), Nays (0).Motion carried. E-3 Canfield moved, McConnell second to approve payment of $809,434.44 (Accounts Payable) - File is with the City Clerk. Ayes (7), Nays (0).Motion carried. E-4 Strain moved, Hunziker second to retain the'firm of Smith, Schafer and Ferguson to conduct an examination of the financial statements of the City L•ines:Copmany for the year ended December 31, 1987. Ayes (7), Nays (0).Motion carried. E-5 Solinger moved, Hunziker second to adopt Resolution No. 602-87 setting a hearing to be held on January 20, 1988 on a proposed vacation on a portion of 4th St. N. E. etc. Marigold Dairy. Also included is a portion of 5th St. and a portion of the east/west alley in Block A -New Sub. Ayes (7), Nays (0).Motion carried. z Ws: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2994 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 20 - December 21, 1987 Agenda Item E-6 E-7 E-9 E-10 E-11 E-12 E-13 Bluhm moved, Canfield second to adopt Resolution No. 601-87 approvin the request for a Metes and Bounds Conveyance of unplatted land adjacent to Fox Hollow Court S.W. with the condition that the parcel be included in the plat of the adjacent area. Ayes (7), Nays (0). Motion carried. Strain moved, McConnell second to adopt Resolution No. 603-87 settinc a date for hearing on a Public Utility easement in Lot 1, Blk 2, Washington Sub. This is for a 10 foot easement. Date of hearing is January 20, 1988. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 604-87 setting a date of hearing to be January 20, 1988 on a vacation of a 10 foot public utility easement in Lot 7, Block 1, Baihly Woodland Third Sub. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 605-87 setting hearing,• date of January 20, 1988 on the vacation of a 10 foot public utility easement along the NWly line of Lot 1, and 2 Blk 4 of Fred Schuster Ind. Park. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to table the Preliminary Plan for the Wimbledon Hills ( Phase I ) for more information from the area. More information would be secured at the Committee of the Whole. Alderman McConnell is concerned about the requests of the people in the area and wondered if their concerns are considered in this phase. He was told they were and Roger Plumb, Public Services Dir. stated that he too was concerned about a connection to the public street. Based on the discussion the Council decided to take this matter to the Committee. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 606-87 authorizin(. the Amendment No. 1 to Contract 63602 with the Minn. Dept. of . Transportation for special reimbursement of approved marketing costs. The Rochester City Lines have received a grant for up to $2,250. for mass transit marketing. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to adopt Resolution No. 607-88 authorizing the execution of a contract for CY1988 fixed route transit service with Rochester City Lines. Ayes (7), Nays (0). Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 608-87 and 609 87 authorizing the execution of a contract with Rochester School Bus for operation of.ZIPS Dial -A -Ride and a resolution authorizing the execution of a contract with Olmsted County for support of 1988 Dial -A -Ride service. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 'E-20 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 20 - December 21, 1987 McConnell moved, Strain second to adopt Resoution No. 610-87 authori. the execution of a contract with Bench Billboard Advertising for a period of one year with option to extend for an additional year. This is for bus adv. concession/ZIPS Dial -A -Ride. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to send the request for a one-way designation of 3rd Street N. W./ 10 Block.back to the Committee of the Whole for further discussion. Ayes (7), Nays (0).Motion carried. Solinger moved, Cnafield second to adopt Resolution No. 611-87 amending the following items: 1. Sec. B No Parking Zones - Amd. Para (26) to read: Soldiers Field Dr. on the north side between 4th Avenue and 6th Avenue South at all times except for 200 feet adjacent to VanHook Gardens. 2. Sec. J Limited Parking Zones - Zone F - 2 hr. parking amd. para. 2.15 to read - Soldiers Field Dr. on the north side for 200 feet adjacent to VanHook-Gardens. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 612-87 coverini, the following parking changes: 1. Delete Para. (21) of Sec. H., Zone C - 30 minute limited' parkini, 2. Delete Para. (18) of Sec. I Zone C - 30 minute parking meters. 3. Add Para. (3.5) to Sec. J Passenger and Commodity Loading Zones to read: (3.5) 2nd St. S. W. on the north side, from South Broadway to a point 107 feet, morepr less, west Red Lobster - 4 stalls 10 min limit. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 613-87 changing -.the following parking items: 1. Delete Para-(28.5) of Sec. E - Passenger Loading Zones. 2. Add Para. (55.5) to Sec. B - No Parking Zones to read: (55.5) 2nd St. S. W. , on the north side 18 feet more or less in front of the premises known as 7 2nd St. S. W. ( Tinklers - 1 stall ) between 5:00 P.M. and 6:00 A.M., at all times. Ayes (7), Nays (0).Motion carried. Canfield moved, Bluhm second to adopt Resolution No. 614-87 approving the execution of Change Order No. 1 to a certain contract with Alvin E. Benike for construction of the First Street Parking Ramp to provide for a net reduction in the contract in an amount of $27,636.00. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to adopt Resolution No. 615-87 rejecting the bid of Rochester Petroleum Euqipment Co. and authorize the City Clerk to advertise for new bids to be opened at 11:00 A.M. on January 13, 1988. Ayes (7), Nays (0).Motion carried. This was for an electronic fuel system for the Public Services Dept. -7 2.95 ,ing 2996 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 20 - December 21, 1987 Agenda Item E-21 E-22 F-1 G-1 G-2 Strain moved, Solinger second to adopt Resolution No. 616-87 approv- ing the Supplemental Agreement No. 2 in the amount of $7,940.00 to provide payment for the extra work deemed necessary by the Architect on preparing the site for the construction of the Plaza Hotel. This is Project No. 6201-3-76 J 2523. It was noted by the Council that the Kahler Hotel will pay for this work. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 617-87 approving a Supplement Agreement No. 3 to the Electric Service Agreement with IBM. Resolution No. 618-87 approving a purchase order with G. E. Radio Communications Co. for a mobile radio system upgarde. The amount is $54,084.80. Resolution No. 619-87 to enter into a joint funding agreement with the Dept. of Interior , Geological Survey for the second year of a three year study. The amt is'to be $50;000.00. Resolution No. 620-87 authorizing the implementation of an Economic Development Incentive rate beginning Jan. 1, 1988. Resolution No. 621787-approving a:purchase order with United Electril Co. for a Variable speed Dr. Unit for Well No. 24 in the amount of $14,499.00. Resolution No. 622-87 approving an agreement with Smith, Schafer and Ferguson for the preparation of the 1987 audit. Ayes (7), Nays (0).Motion carried. An Ordinance on the Revision of Sales Tax ( R.C.O. 129.26) to provide for payment of tax by 20th of succeeding month instead of the 25th. This ordinance now conforms to the state law. This was given its first reading. Strain moved, Solinger second to suspend the rules and give this Ordinance a second reading. Upon Roll Call vote, the following vote was taken: Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger, Strain and President Postier voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (7),Nays (0). Motion carried. The Project 8710-B J 9007 - Watermain Ext. to serve Wimbledon Hills PUD was left on the table. The Project No. 8710-A J 9006 - Sanitary Sewer extension to serve Wimbledon Hills PUD was left on the table. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 29197 Adjourned Meeting No. 20 - December 21, 1987 Agenda Item G-3 Bluhm moved, Canfield second to remove the Preliminary Plat of No. 87=19 of North Park Second from the table. Ayes (7), Nays (0). Cnafield moved, McConnell second to approve this preliminary plat with the note that the detention pond will be a private responsibili y as taken by Lampland. Ayes (7), Nays (0).Motion carried. G74 The Preliminary Plat of Wollow Heights Fourth was left on the table. Having no further business, Strain moved, Hunziker second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. CAROLE A. GRIMM, CIVIC CITY CLERK Information Section 1. Committee of the Whole minutes from October 12, 1987 and Dec. 7, 1987 meetings.