HomeMy WebLinkAbout12-21-1987RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 21, 1987
Agenda
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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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
2993
ourned Meeting No. 20 - December 21, 1987
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
2994 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 21, 1987
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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.
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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.
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2996 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 21, 1987
Agenda
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 29197
Adjourned Meeting No. 20 - December 21, 1987
Agenda
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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.