HomeMy WebLinkAbout09-19-1988RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3:173
CITY OF ROCHESTER, MINNESOTA
ourned Meeting No. 13 - September 19, 1988
Agenda
Item
A-1 President Nancy Selby called the meeting to order at 7:30 P.M.,
the following members being present: President Selby, Aldermen
Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent:
None.
Bluhm moved, McConnell second to approve the minutes of the September
7, 1988 meeting with the following addition to G-3 - Alderman
Solinger would like to include an amendment to the statement made
by Alderman Strain as follows: That the public rate payers are
informed about the rate increase (add), Rate formula, rate sheet and
rate page. This information be published and possibly included in the
Public Utility bills. With that addition, vote was taken, Ayes (7),
Nays (0).Motion carried.
B-1 A Hearing on the Final Plat of Manor Woods Second. Wishing to be
heard was Cedric Schutz, Rochester, Mn. representing the Developer.
He stated that he agrees with the conditions as recommended by the
Planning staff that the.plat be approved subject to the retention
of an area to the west to Lot 1, Blk 1. This will be used for
stormwater detention to control runoff coming out of the land to the
south and west. He met with Public Services and they are in
agreement. This is also subject to the correction on Country Club
Manor 4th as advised by Public Services Dept.
Wishing to be heard was Marty 01gren of 4051 7th Place N. W. and
represented the people in the block whose yards will be facing the
property. She was wondering how close this would be and the size
of lots, etc. Roger Plumb, Public Services Director showed her a
map of the area and the lot sizes. She had one other question and
it was about the trees in the area. She wanted to know if the develope
would take them all away. Mr. Schutz stated that as many trees would
be left, however, he could not say at this meeting because they did
not have any firm plans for the area. Ms. 01gren also wanted to know
when this would be developed. Mr. Schutz stated sometime yet this
fall.
Having no one further that wished to be heard, President Selby
closed the hearing. Bluhm moved, Hunziker second to adopt
Resolution No. 580-88 accepting the plat with the following conditions:
1. The five inch driveover curb be replaced with B624 curb and gutter
as per the Public Services Dept.
2. Work with the Public Services Dept. on the preliminary and final
grades for 7th St. N. W. as the City has already determined prelim-
inary grades for the construction project.
3. Allow the use of separate driveways as in the past.
Ayes (7), Nays.(0). Motion carried.
B-2 A Hearing on the proposed project on 5402-88 J 9012 - Street
Reconstruction, Concrete Curb and Gutter and Storm Sewer on 21st Ave.
S. W: from 2nd Street S. W. to 5th Street S. W. Wishing to be heard
was Ed Manahan of 2014 3rd St.S. W. He was concerned about the
condition of his sanitary sewer and if this was in bad shape, then
maybe the Council should put in a new sewer at the same time this
area is dug up. Mr. Don MacGillivray stated this his sewer was in
good shape. He used the TV monitor to gather these statistics.
3174 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 19, 1988
Agenda
Item
B-2
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D-1
Wishing to be heard was Walter Berndt of 323 21st Avenue S. W.
He wondered when this project would begin. He was told next spring
(1989).
Having no one else present that wishes.to be heard, President Selby
closed the hearing. Strain moved, Canfield second to adopt Resoluti
No. 581-88 approving the project. Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed assessments on Project No. 8003 J 8718 -
Watermain Ext in 6th Avenue N. E. from the inplace main 360 feet nort
of 31st Street N. E. to and thru the SE 1.4 NW 1/4 Sec. 24 Cascade
Twp to the east of TH 63 and along the E side of TH 63 to a point
approx. 200 Ft. S. to the N. line Sec. 24 Cascade Twp & Project
6300-N-80 J 8716 - San. Sewer in the E. side of TH 63 from the inplac
main opposite 31st St. N. E. to a pt. approx. 200 ft. S. of the N
Line Sec. 24, Cascade Twp. ( This is a reapportionment of assessmen
already levied.)
A letter was received from Rick Hexum, Dev. of the area and was
requesting this reapportionment.,to table this until October 3, 1988.
Having no one else present that wished to be heard, President
Selby closed the hearing. Bluhm moved, Strain second to table this
until October 3, 1988. Ayes (7), Nays (0).Motion carried.
Solinger moved, McConnell second to approve the appointment of
Richard Lovett to the position of captain in the Rochester Fire
Dept. This was due to the retirement of David Fenske. This is
effective October 1, 1988. Ayes (7), Nays (0). Motion carried.
Bluhm moved, Hunziker second to approve the appointment of Kenneth
Middendorf to the position of Motor Operator in the Fire Dept.
This is due to the promotion of Richard Lovett to Captain. This
is effective Oct. 1, 1988. Ayes (7), Nays (0).Motion carried.
Canfield moved, Solinger second to approve the appointment of Thomas
J. Krueger to the position of firefighter in the Fire Dept. This
is due to the promotion of Kenneth Middendorf to the position of
Motor operator. This is effective Oct. 1, 1988. Ayes (7), Nays (0).
Motion carried.
Strain moved, Canfield second to approve the appointment of Michael D
Story to fill the position of Firefighter effective Oct. 1, 1988
This is due to the promotion of Dan Slavin to Motor -Operator on
May 16, 1988. Ayes (7),Nays (0).Motion carried.
Dr. Robert E. Adams of 1713 16th Avenue N. W. wished to be heard
regarding the one-way designation at the intersection of llth Ave.
and 16th Avenue N. W. He recited the 14th Amendment of the
United States Constitution which he believes denies his right to
access to his property. He stated that he has to go around the
entire block to get to his home which fronts on llth Avenue and
16th Ave. His office is 1604 llth Avenue N. W. and customers also
have to tavel this distance to get to their appointments. He
stated that he recently put this property on the market and can't
get the price he is asking. He stated that this was due to the road
(street ) closing. He would like to have this open again. No action
was taken on this request.
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RECORD- OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 43jL75,a
Adjourned Meeting No. 13 - September 19, 1988
Agenda
Item
D-2 Solinger moved, Bluhm second to adopt Resolution No. 582-88 referring
the petition for Watermain, sanitary sewer , storm sewer and street
improvements from the west end of Baihly Hills Drive S. W. to 150
feet south of the northwest corner of Sec. 10.to the Public Services
Dept. for a feasibility report. Ayes (7), Nays (0).Motion Carried.
E-1 Bluhm moved, Hunziker second to approve the Amended Final Statement
for the Community Development Block Grant program as described on the
Request for Council Action dated 9-19-88 on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
E-2 ISolinger moved, Strain second to approve the following resolutions
as adopted by the Public Utility Board:
Resolution No. 583-88 requesting the Mayor and Common Council to
declare the week of October 9-15, 1988 Public Power Week in Roch.
Resolution No. 584-88 approving a professional services agreement
with Resource Management Inc. for an electric rate study in the
amount of $37,700.00.
Resolution No. 585-88 approving an agreement with US WEST Paging
Inc. regarding an antenna installation on the St. Mary's concrete
tower.
Resolution No. 586-88 approving a contract with Schwickerts of Roch.
Inc. for the Silver Lake Plant turbine room roof replacement.in the
amount of $55,000.00.
Resolution No. 587-88 approving a purchase order agreement with
Limitorque Corp. for three electric motor operators for the Zumbro
Hydro Project in the amount of $24,000.00.
Ayes (7), Nays,(0).Motion carried.
E-3 Strain moved, Solinger second to approve the following licenses and
bonds:
Request received from Michael J. Rasmusson of Care Air Conditioning
and Heating, Inc. 1211 Old Highway 8 New Brighton, Mn. for a Contract(
license and a Master Installer's License for the period of Sept. 19,
1988 - December 31, 1988.
Request received from Randall R. Kennedy of Lino Lakes, Mn. for a
Master Installer's License for a period of Sept..19, 1988 - Dec.
31, 1988.
Request received from Troung Thi-Thanh Vian DBA Thoung's Plaza for
an Over-the-counter cigarette license from Sept. 19-December 31, 1988,
Request received from Tom Ryan Cement Contracting of Roch. Mn for a
Cement Sidewalk License for the period of Sept. 19, 1988 _ December
31, 1988.
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31.76 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 19, 1988
W]
Agenda
Item
E-3 Request received from The American Assoc. of Critical Care Nurses
for a tom porary gambling permit to hold a raffle on Nov. 4, 1988
Proceeds are to go for education, recruitment and retention of
Rochester Ceiti:cal Care nurses.
Request received from the Rochester Civic Theatre for their applicati
for a Temp. Gambling license for a raffle on Nov. 20, 1988. Proceeds
go toward the Community Theatre.
Ayes (7), Nays (0). Motion carried.
No action was taken on the request for an over-the-counter cigarette
license by John T. Bruzek DBA J.B. Enterprises to sell cigarettes
via mail order. Council needed more information on this.
E-4 Hunziker moved, Bluhm second to approve the following Miscellaneous
Activities as follows:
Request from John Resman of the Rochester Track Club for a Stride for
Fitness Road Race on Sept. 24, 1988 at the Olmsted Comm. Hospital.
from 8:00 A.M. until 11:00 A.M.
Request from John Marshall High School for an annual homecoming
parade on Sept. 30, 1988 starting at 4:00 P.M.
Request received from the Rochester Track Club for approval to hold
the Bear Creek 7M running race on Nov. 5, 1988.
Request to hold a Marathon for a fundraiser for cancer by the Knights
of Columbus on Oct. 1, 1988 from 9:00 A.M. until*2:00 P.M. - proceeds
go to non-public education.
Request received from Keith Todd and Karen Loftus of Mayo High School
for their annual homecoming parade on Oct. 7, 1988 starting at
4:00 P.M.
Ayes (7), Nays (0).Motion carried.
E-5 Solinger moved, McConnell second to approve the request from the
City Clerk's office for temporary handicap parking at polling
places on the day of election. Ayes (7), Nays (0).Motion
carried.
E-6 Strain moved, Hunziker second to adopt Resolution No.588-88 ordering
hearing to be held on October 17, 1988 on a delinquent and outstand-
ing charges for sewer and water in the amount of $45.10 to property
on Northern Hills. Ayes (7), Nays (0).Motion carried.
E-7 cConnell moved, Bluhm second to approve the accounts payable in the
amount of $1,548,476.79 - list on file with the City Clerk.
yes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
31.'77 '
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 19, 1988
Agenda
Item
E-8 Strain moved, Hunziker second to approve the request of the Rochester
Fire Department to make a charge for hazardous materials incidents.
This is on an interim basis and the Council will need to decide
the proper role and responsibility of the City Fire Dept. on whether
the City should be involved as the First Responder and on what basis.
This will be discussed later this year. Ayes (7), Nays (0).Motion
carried.
E-9 A request for Metes and bounds subdivision of unplatted land along
Bandel Road was discussed by the Council. Wishing to be heard
representing the plat was Fred Schmidt of 3200 16th Avenue S. E.
He stated that they have no objection with the Planning Department's
request that a street be platted in this area - Public Services
also agree that a road should be indicated. If this is platted
before this is designated then the City would lose the rights to
request a street at a later date. After Council discussion
on the methods of accomplishing this metes and bounds sub. to include
the designated street the Council felt more information on how to
do this was needed. Based on this, Hunziker moved,. Canfield second
to table this until the Planning Dept. receives acceptable
location of this road in this subdivision. Ayes (7), Nays (0).
Motion carried.
E-10 Strain moved, Bluhm second to adopt Resolution No. 589-88 setting
the Management and hours for the First Street Ramp. Discussion
was held by the Council on the lower monthly charges for people parki
by the month. Roger Plumb, Public Services Dir. stated that they
want to encourage the use of the ramp, and even tho the rates may
seem low, the ramp is being used and bringing in revenue. He stated
as the ramp is being used more, the rates can be adjusted accordingly
Alderman Solinger wondered whatever happened to the parking study
that the Council requested. Gary Neuman of the City Adm. Dept.
stated that Public Financial Systems were doing it but it hasn't
been completed.
Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, Strain and
President Selby voted aye. Ayes (5), Aldermen McConnell and Solinger
voted nay. Nays (2). Motion carried. Res.589A-88 amending the Mgmt
Agreement to include the First St.Ramp was also adopted.
E-11 Solinger moved, Bluhm second to adopt Resolution No. 590-88 setting
a hearing to be held on October 17, 1988 to consider expanding the
permit parking Zone # 1 to the residents on 16 1/2 Avenue N. W.
from 14th Street to 16th Street. Ayes (7), Nays (0).Motion carried.
E-12 Bluhm moved, Strain second to adopt Resolution No. 591-88 approving
the following parking changes:
1. Delete para. 3 of Sec. C Special Parking Zones - Taxicab stands.
2. Delete para. 22 of Sec. E Passenger Loading Zones
3. Amend para. 3 of Sec. I Zone F Parking Meters to read:
(3) First Ave. S. E. on both sides from E. Center St. to 2nd St. S.
Ayes (7), Nays (0).Motion carried.
31713 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13- September 19, 1988
Agenda
Item
E-13 Hunziker moved, McConnell second to adopt Resolution No. 592-88
adding para 12 to Sec. E Passenger Loading Zones as follows:
(12) W Center St. on the N. side , 25 Ft. more or less in front
of the premises known as 1417 West Center Street between the hours
of 6:00 P. M. Mon.thru"Fri. ( one stall ). Ayes (7), Nays (0).
Motion carried.
E-14, Canfield moved, Solinger second to adopt Resolution No. 593-88
accepting the low bid submitted by Floyd Larson Construction Co.
in the amount of $940,750.00 on the chemical storage and feed
facility at the Water Reclamation Plant. Ayes (7), Nays (0).
Motion carried.
E-15 Bluhm moved, Hunziker second to adopt Resolution No. 594-88 awarding
the low bid of $33,693.70 to Road Constructors , Inc. for Project
6505-88 J 9053 - San. Sewer and Watermain in 36th Ave. S. E. from
the Center of Sec. 5 Twp 106 N R 13 W to 400 Feet North. Ayes (7),
Nays (0).Motion carried.
E=16 Strain moved, Solinger second to adopt Resolution No. 595-88 author-
izing payment No. 2 for additional work on the Bridge Deck Restor-
ation of Elton Hills bridge 55514. The amount is $29,700.00.
Ayes (7), Nays (0.).Motion carried.
H-1 Discussion was held by the Council on the City's policy on
assessing deferred assessments ( Golden Hill area in question.)
Sol,inger� moved, McConnell second to confirm the Public Services
Department policy on sewer and water assessments. Alderman Strain
stated that the City has an attitude of keeping our water clean and
since wells in the Golden.Hill area had been having bad water reports
the City tried to help them by extending sewer and water lines.
He stated that he would like a "blue ribbon" committee to research
the assessment problem and what'is a fair assessment for these
services.
Alderman Canfield questioned the possibility of putting a "cap" on
an assessment for each property.
Alderman Solinger stated that this problem has been discussed by
the Council for weeks and called for the question. Ayes (6), Nays (1)
Alderman Canfield voted nay. Motion carried.
Alderman Hunziker stated that he would like to see a cap of some
sort put on already developed areas.
Strain moved, Canfield seconded to instruct the Council. President
and the Mayor to appoint a qualified panel of citizens who could
look at the policy of how to approach the problem of high cost of
services to already developed areas (fringe) and everything would
be possible with the cooperative efforts of the City, Township,
County,'it could be governmental units doing the job rather than
contractors. It could be anything, but let's do something. Hoping
this will be done before the end of 1988. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCILZ317,�F
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - September 19, 1988
Agenda
Item
F-1 An Ordinance rezoning property to B-4 a portion of North Broadway
from Northern Hills Drive to 37th Street on the east side was given
its second reading. Bluhm moved, Hunziker second to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-1 Strain moved, Canfield second to adopt Resolution No. 596-88 approvinc
an owner contract with McGhie and Betts, Inc. for Watermain to serve
Liberty Manor Townhomes Phase 2 with Paramount Dev. Inc. and Road
Constructors. Ayes (7), Nays (0). Motion carried.
F-1 Strain moved, Bluhm second to adopt Resolution No. 597-88 approving"
an owner contract with Yaggy-Colby Assoc. for replacement watermain
in 6th St. N.E. from Broadway to First Avenue N.E. - Marigold
Dairy and Elcor Construction, Inc. Ayes (7), Nays (0). Motion carrii
G-1 Strain moved, Bluhm second to remove the Award of Bids for Sewer
and Water Extension in Oak Hills/Kleist Replat from the table.
Ayes (7), Nays (0). Motion carried.
Wishing to be heard with Council approval was Frank Michaels,
Attorney for Rochester Township - He stated thaty they have a serious
water problem in the area and urge the Council to award the bids.
Alderman Strain stated that the area was brought into the City
with the intent of providing them clean water service.
Alderman Solinger wondered what the assessments would be per front
foot. Mr. Plumb, Public Services Dir. stated that they would be
approx. $60.00 a front ft.
Bluhm moved, strain second to adopt Resolution No. 598-88 awarding
the low bid to Austin P. Keller, Construction Co. in the amount of
$499,607.00. Ayes (7), Nays (0). Motion carried.
G-2 McConnell moved, Strain second to remove the Special Assessments -
-levy-two previously postponed assessments due to being outside of
the City Limits - 106 21st St. S.W. and 116 21st St. S.W. from
the table. Ayes (7), Nays (0). Motion carried. (Eleanor Buss)
Gary Neuman of the City Administrator's office stated that as far as
any record showed, Ms. Buss did not receive a notice of assessment
hearings in 1979. This was due to the fact that she lived outside
of the City and it was not a legal requirement to do so. She was sent
a notice of annexation via the City Clerk's Office who received a cop
of property owners from the Rochester Planning Dept. Canfield moved,
McConnell second to delete the charge of 902.00 which represented
the interest from her annexation to the present date. Alderman
Canfield stated that it is the City's responsibility as she would hav
liked to have paid this if she had known of such an assessment upon
her annexation.
Alderman Strain questioned Mr. Plumb if she could have hooked up to
this line earlier when she was not annexed if her well went bad.
Mr. Plumb stated that she could have. Upon further Council
discussion, Alderman Hunziker stated that indeed she was never denied
a hook-up.
180 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
Adjourned MP— P� ting No_ 13 - SPptPm�19, 1988
Agenda
Item
G-2 Alderman Strain called for the question. Ayes (3), Aldermen Strain,
McConnell and Canfield voting aye. Nays (4). Aldermen Bluhm, Hunzik
Solinger and President Selby voting nay. Motion did not carry.
Strain moved, Bluhm second to proceed and to assess $6,429.91 to
116 21st Street S.W. and $2,659.05 to 106 21st Street S.W.
Ayes (6), Nays (1). Alderman Canfield voted nay. Motion carried.
Lllazl�
City Clerk
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