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HomeMy WebLinkAbout02-17-1988RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL.��� CITY OF ROCHESTER, MINNESOTA JL Adjourned Meeting No. 23 - February 17, 1988 Agenda Item A-1 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. Strain moved, Canfield second to approve the minutes of the February 1, 1988 meeting. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Previously Def. Assessment - 8006 J 8729 - Water Tower to Serve the High Level S. W. Dist. - Plat 8660 Parcel 0330 - Dale Vandal - Having no one present that wished to be heard, Presiden Postier stated that Mr. Vandal and the Public Services Dept. were still in the process of deciding the value of this assessment and the worth of it to his property'. With that message, President Postier did not close the hearing but asked the Council to hold this over to znother Council meeting. Bluhm moved, Strain second to continue the hearing. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Previously Def. Assessment - 8101 J 8752 - San..Sewe Alg. th S. Line Sec. 14 and West Ln. TH 63 Plus Watermain Crossing of TH 63. Having no one present that wished to be heard, President Postier gave the same message as written in B-1. McConnell moved, Bluhm second to continue the hearing. --Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Prevously Def. Assessment - 8101-85 J 8900 - Watermn Ext. in West Frontage Rd. TH 63 from 25th St. S. W. to No. Oak Hills Dr. and San. Sewer and Watermn. in No. Oak Hills Dr. to serve Lot 2, Oak Hills. Having no one present that wished to be heard, President Postier gave the same message as written in B-1. Canfield moved, Solinger second to continue the hearing. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Charter Commission Recommended Amendment to Charter by Ordinance/,Filing Fees for Municipal Offices. This would raise the fee from $25.00 to $50.00 to file for any municipal office. Having no one present that -wished to be heard, President Postier closed the hearing.,. Strain moved, Bluhm second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Final Plat No. 87-21 - FoxCroft Third Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 91-88 approving the plat subject to the following two conditions: 1. Submittal of a grading, drainage and erosion, control plan 2. Official "access control" be shown on the final plat along the Pear of lots 8 and 9 where they abut CSAH 122 ( Circle'Drive ) as requested by the City Engineer. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Final Plat of North- Park Second Subdivision. Havin no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 92-88 approving the plat. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3022 - CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 17, 1988 Agenda Item B-7 A:Hearing on the Special Assessment - Prev. Def. on Project No. 5622- J 8059 - Trunkline San. Sewer in S 1/2 NW 1/4 Sec. 22-T107N-R14W Thru the S 1/2 NE 1/4 Sec. 22 and thru the NW 1/4 Sec. 23 T 107N-R14W to the 48" Trunkline San. Sewer at the Rochester Sewage Treatment Plant NW 1/4 NE 1/4 Sec. 23 commonly ref. to as the IBM Trunkline. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolutioi No. 93-88 approving the assessment. Ayes (7), Nays (0).Motion carried B-8 A Hearing on the Special Assessment on Project No. 6237-86 J 8979 San. Sewer and Watermain Ext. to the North Side of 37th St. N. W. from West River Parkway to Summit Square. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 94-88 accepting the assessment. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on the Proposed Assessment of Project No. 6304-3-86 J 2146 Replacement of San. Sewer in 4th Avenue S. W. from West Center St. to 1st Street S. W. Having no one present that wished to be heard, President Postier closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 95-88 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-10 A Hearing on the Proposed Assessment of Project No. 8416 J 8887 - Concrete Overlay on North/South Alley adjacent to Downtown Holiday Inn between 2nd and 3rd St. S. E. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 96-88 accepting the assessmen Ayes (7), Nays (0).Motion carried. B-11 A Hearing on the Proposed assessment on Project No. 6212-2-87 J 8981 San. Sewer and Watermain Ext. to serve the Knights of Columbus Parcel on the South Frontage Road TH 14 East. Having no one present that wished to be heard, President Postier closed the hearing. Hunziker moved, Strain second to adopt Resolution No. 97-88 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-12 A Hearing on the Proposed Assessments in Project No. 6205-1-86 - J 8927 - San. Sewer Replacement in 5th Street N. E. from loth to llth Avenue N. E. Wishing to be heard was'Peg Melay of 2014 16 1/2 St. N. W. and stated that -if this assessment is added to her property they would never be able to sell the property. She has been trying to sell this without any further assessments and cannot. Also, she stated that her lawn was dug up and not replaced. Mr. Roger Plumb, Public Services Dir. will check on this condition. Havin no further people wishing to be heard, President Postier closed the hearing. Solinger moved, Canfield second to adopt Resolution No. 98-88 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-13 A Hering on the Proposed Assessments on Project No. 6303-2-87 J 8994 San. Sewer and Water Ext. in 3rd Avenue S. E. to serve GNS Fencing and others in Oil City. Having no one present that wished to be hea President Postier closed the hearing. Strain moved, B1'uhm second to adopt Resolution No. 99-88 accepting the assessmetns. Ayes (7), Nays Motion 1 Agenda Item B-14 C-1 D-1 11 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Adjourned Meetinq No. 23 - Februar OF THE COMMON COUNCIL MINNESOTA 1 17, 1988 A Hearing on the Development Program and Tax Increment Financing Plan for Poposed Marigold Foods Expansion. Wishing to be heard was Don Berndt of 505 Marquette Bank Bldg., Attorney for Marigold. He is present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Hunziker moved, McConnell second to adopt Resolution No. 100-88 approving the creation of the Development Program for Development District No. 3 and creation of the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No.. 3-1. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to approve the appointment by Mayor Hazama of Jill Smith Beed of 4322 Manor View Dr. N. W. to the Rochester Public Library Board. The term expires January, 1991. Ayes (7), Nays (0).Motion carried. Wishing to be heard was James Kuehl regarding concerns that he has on the Northern Hills transmission line. He stated that he is opposed to the Rochester Public Utilities to confiscate the homeowner land for their 161,000 volt transmission line. Also presented was documents on the potential health hazards to the people in the area of which the line would be run. He stated the neighbors in the area were also opposed. Wishing to be,heard was Louie Thorkelson of R. # 9 Box 20 Rochester, Mn. and he lives right across from the Sub. station and they are now proposing the run a transmission on 20 acres of his land. He also wondered,why they could not put this line on the Douglas Trail land. Mr. Badger of 4220 Valleyview Rd. N. W. also wished to be heard and is opposed. He also stated that the Douglas Trail would be a better place for this line. Alderman Solinger stated that in'this case only 1 home lives 50' from the line. Other homes in the City lives closer and it has never been a problem. Wishing to be heard was Robert Pawelski, General Manager of the Rochester Public Utilities was present and stated that the 161,000 KV line is unlikely to cause any problems. He stated that such power lines have been running in the City limits in a couple of areas and have been no problem. He also stated that an informational meeting regarding this problem will be held at the RPU office and all concerned citizens are welcome to come and ask questions. Mr. Pawelski stated that using the Douglas Trail would be very difficult to maintain since there are many trees and only a small path -like area is cleared. It was also noted that it would cost 10 times the amount to go underground with this line. Alderman McConnell wanted to know what to tell the people - "you are wrong"? Mr. Pawelski stated that the line route was chosen by consultants and there is no way that a distribution line can be built without involving some homes. Having no further discussion, Canfield moved, Bluhm second to adopt Resolution No. 100-A-88 acquiring the right-of-way for the 161 KV Northern Hills transmission line by eminent domain proceeding! Ayes (6), Nays (1). Alderman McConnell voted nay. Motion carried. 03 023 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 34 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 17, 1988 Agenda Item D-2 E-1 E-2 E-3 E-4 E-5 Solinger moved, Canfield second to adopt Resolution No. 101-88 referring the petition for Grading, Surfacing of Northern Valley Dr. Collector St., Curb and Gutter, Trunkline San. Sewer Mains, Trunkline Storm Sewer mains, Channel improvements and culverts, High pressure Water system, Service connections and Engineering Services to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 102-88 approving the Development Agreement for the Marigold Foods Expansio project. Resolution No. 103-88 authorizing the City Administrator to submit offers to acquire the Nelson Cheese Shop property and an easement on the Shapiro property ( Taco Bell) for the value estab- lished by the appraisals contingent upon execution of the Dev. Agreement by Marigold and establishment of the escrow account. Resolution No. 104-88 approving the execution of an Assessment Agreement with Marigold and County Assessor. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 105-88 referring the reconstruction of 1st Avenue N. E. between 5th St. N. E. and 6th St. N. E. to the Public Services Dept. for a feasibili report. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to adopt Resolution No. 106-88 approving the new positions and reclassifications in the job families and pay grades as established by the Personnel Dept. and listed on the resolution. Alderman Hunziker commented that the new positions in the Public Utility Dept. reflect an increase of 7 new positions. He reminded the Council of the need for additional positions at the Public Library and we should remember this at budget time. Alderman Strain commented that the Library has been getting a couple of 'new positions per year while the Public Utility Dept. has not. Ayes (7), Nays (0).Motion carried. Discussion was held by the Council on the request received from Marcus Communications, Inc. for approval of a stock exchange transaction. Wishing to speak was Bob Loos of Marcus Comm. He stated that the approval of the Council is necessary to complete the exchange of one company owner to another. Alderman McConnell wanted to know if the City was doing Marcus a favor by approving this transaction. Alderman Strain stated that it is federal law that governs the rates and this transaction is a formality. Ayes (6), Nays (1). Alderman McConnell voting Nay. Motion carried. Strain moved, Hunziker second to approve the following licenses & bonds: Rquest received from Charles Benson of Concord Tire Co. 5515 Hwy 52 No. for an Over -The -Counter Cigarette license. Request received from the Rochester Jaycees, Inc. at 220 South Broadway for approval of a gambling license ( raffle ) to be held at the Holiday Inn South on April 7, 1988. 1 Agenda Item E-5 E-6 E-7 E-8 E-9 E-10 E-11 E-12 E-13 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA 8,025 Adjourned Meeting No. 23 - February 17, 1988 Request received from Rochester Shrine Club for a raffle license (gambling) at the Holiday Inn South. Request received from Otting House Movers for a permit to move a hou! from 1604 East Center St. to Alton Township in Waseca Mn. The following renewals are approved. Auctioneer (2) - Henry I. Neuhaus and Clark H. Kuhr. Master Installer (1).Randy L. Strain. Sewer and Drain (1). K:enneth Schimek Construction. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the change of ownership of stock in Deluxe Liquor Store of Northbrobt tar -James G. Sullivan. Ayes (7). Nays (0).Motion carried. Solinger moved, Strain second to approve the renewal of the Limousin( Franchise to Rochester Transportation Services for a period of and thru December 31, 1989. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to approve the following requests: Mt. Olive Lutheran Church to hold a parade from Allendale Park to Mt. Olive Church on Sunday March 27, from 10:15 to 10:30 A.M. American Cancer Society for Daffodil Days on March 18, 1988 in front of First Bank, Marquette Bank, Norwest Bank, Mayo Clinic, Methodist Hosp. and St. Mary's. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to approve the Accounts Payable (list on file with the City Clerk ) in the amount of $1,203,026.62. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 107-88 awarding the low bid for a pumper fire truck to General Safety Equipment in the amount of $145,000.00 and the tanker bid to LuVerne Fire Apparatus in the amount of $108,693.00. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 108-88 approvini, the Contract for 1988-1989 with the Police Benevolent Association. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 109-88 approving a contract agreement 1988-1989 with the International Association of Firefighters Local 520. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 110-88 approvini the annexation request of 10.89 acres westerly of Wimbledon Hills (Stan Mohn property ). Ayes (7), Nays (0).Motion carried. ,e Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No: 23 - February 17; 1988 Strain moved, Hunziker second to adopt Resolution No. 111-8B'approvinc the amendments to the Rural and Urban Services Districts. Ayes (7), Nays (0). Motion carried. (Lands are listed on Resolution). Canfield moved, Hunziker second to table the Vacation Request No. 88- in Baihly's First Add. to the Committee of the Whole where Council can get more information. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 112-88 approv ing an Engineering Contract for Project No. 8507-2-86 J 8967 for Viking Hills 2nd Sub. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 113-88 approving the Engineering Services Agreement for Project No. 8710-B J 9007 This is proposed by Wallace Holland, Kastler and Schmitz & Co. for Watermain Ext. to serve Wimbledon Hills.PUD. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 114-88 approving the Engineering Services Agreement for Project No. 8710-A J 9006 - Sanitary Sewer Ext. to serve Wimbledon Hills PUD. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 115-88 approv ing Amendment No. 1 to Contract 64278 between the City of Rochester and Dept. of Transportation. This is for Transit Assistance. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 116-88 amending the Parking Resolution as follows: Section B "No Parking Zones" - (215.7) 15 1/2 Avenue N. W. from 14th St. N. W. to a point 400 feet - more or less on both sides from 8:00 A.M. to 3:00 P.M.; school days . only. (220.2) 16th Ave. N. W. from 14th St. N. W. to 16th St. N. W. on both sides, from 8:00 A.M. to 3:00 P.M. School days only. Ayes (7), Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No. 117-88 orderi the project to be made and ordering bids to be opened at 11:00 A.M. on March 30, 1988 on Project No. 8703 J 4352 - Replacement of Drainage Structure on 48th St. S. W. approx 2000 ft. West of TH No. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 118-88 authorizing the City Clerk to advertise for bids on Project No. 8803 "Demolish Old Sewage Treatment Plan and City Eng. Shop and garage located south of Elton Hills Dr. at North Broadway.".. Bids to be opened at 11:00 A.M. on March 16, 1988. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to -approve the foll6wing resolutions as adopted by the Public Utility Board: 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL,. ' CITY OF ROCHESTER, MINNESOTA 3027. Adjourned Meeting No. 23 - February 17, 1988 Agenda Item E-23 Resolution No. 119-88 approving an agreement with Marcus Communicat- ions regarding antenna installations on water storage tank sites. Resolution No. 120-88 approving payment of a one-time fee to Dakota Minn. and Eastern RR Corporation for the conversion of six exist. annual licenses to perpetual licenses in an amt.not to exceed $30,000.00. Resolution No. 121-88 approving a contract agreement with Fuel Economy Contracting Company for Silver Lake Plant Boiler Repair and Maintenance Agreement - 1988 in the amount not to exceed $100,000.00. Resolution No. 122-88 approving a purchase order agreement with Doble Engineering Company for Computerized Relay Test Equipment. The amount is $30,120.00. Resolution No. 123-88 approving a contract agreement with Ulteig Eng. Inc. for Electric Facilities relocation for Marigold Exp. The amount is $40,000.00. Ayes (7), Nays (0).Motion carried. The item request to approve a Safety Recognition- Program for the Rochester Public Utility was brought before the Council. This had been approved by the Utility Board. Solinger moved, McConnell second to deny the request. Ayes (7), Nays (0).Motion carried. E-24 Bluhm moved, Cnafield second to approve the offer of $17,500. to purchase the private parking lot on the southeast corner of the 3rd Street and 1st Avenue S. E. intersection. Ayes (7), Nays (0). Motion carried. E-25 Bluhm moved, Hunziker-second to authorize the issuance of a contract to Rochester Petroleum Equipment Co. in the amount of $36,404.30 instead of the original amt. of $41,930.00. This was lower because our Data Processing Dept. could furnish the input for some of the software that was originally bid. Ayes (7), Nays (0).Motion carried. G-1 Hunziker moved, Bluhm second to remove the City Council Initiated La► Use Plan Amendment No. 87-6 from the Commercial Desig. to the Indust. desig. and Zone Change No. 87-17 from the B-4 General Bus. dirt. to the M-1 Light Ind. Dist. on the property located north of 5th St. N. E. and West of the North/South Alley 506 No. Broadway and 9 5th St. N. E. from the table —Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to approve this request and instruct the City Attorney to prepare a Res.124-88 for adoption. This is subject to the execution of the Development Agreement by Marigold Foods. Ayes (7), Nays (0).Motion carried. G-2 Canfield moved, Hunzikerisecond to remove the City Council Initiated vacation of 4th and 5th Streets N. E. between No. Broadway and 1st Avenue N. E.; and the E/W alley in Blk A, New Sub. between the east RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3028 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 17, 1988 Agenda Item G-2 G-3 G-4 H-1 F-1 F-1 F-1 F-1 F-1 Rig,b t-of-Way line of the North/South Alley and the West ROW of 1st Ave. N. E. from the table. Strain moved, Hunziker second to adopt Resolution No. 125-88 approving the -vacation and this is subject to the execution of the project agreement by Marigold Foods, receipt'of the necessary easements from Marigold for necessar utilities , a 15 foot alley easement to connect the alley westerly to Broadway and closing of the land sale for the Nelson Cheese Shop and RPU properties. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to remove the proposed project 8802 J 9025 Watermain Ext. along the West side of Bamber Valley Rd. to serve Bamber Valley School from the table. Hunziker moved, Solinge second to adopt Resolution No. 126-88 ordering a hearing to be held on March 23, 1988. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to remove from the table Project No. 8801 J 9024 - Trunkline San. Sew. Ext. Alg. the N Side of Mayowood Road from the E. Line Sec. 10, to the Bamber Valley School at Bamber Valley Road. Ayes (7), Nays (0). Motion carried. Canfield moved,Hunziker second to deny the project. This will become a private project. Ayes (7), Nays (0).Motion carried. The Council did not take any action on the request for approval of the Lourdes High School to establish a Bingo Parlor off the Lourdes High School premises. Bluhm moved, Strain second to adopt Resolution No. 125A-8.8selecting the Election Judges and establishing the precincts for the 1988 election year. This also sets the salaries for the election judges. Ayes (7), Nays (0). Motion carried. Strain moved, Hunziker second to adopt Resolution No. 127-88 approving an owner contract with Viking Hills 2nd Sub. to Service Lots 1 to 19 inclusive Block 1 and Lots 1 and 2 Blk 2, Viking Hills 2nd Sub.. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning certain property to M-1 Light Ind. on Parcel A and Parcel B was given its first reading - Marigold Dairy. An Ordinance Relating to Limousines; awarding the RCO Sec.:97.17 was given its first reading - This is Rochester Transportation Systems, Inc. An Ordinance Relating to the Rochester Relating to Filing the provisions of Sec. 3.025 first reading. Having no further business the meeting. Ayes (7), Nays Home Rule Charter of the City of Fees for elective officers ; amending - to read $50.00. This was given its Canfield moved, Hunziker seco�d to adjou ).Motion carried Information Notice of claim and Comm.Minutes Do`18A� W Re - David Nesberg - Ref. to the Attor�ey of 12-21-87, 1-4-88, 1-11-88 , 1-25-88 and 2-1-88.