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HomeMy WebLinkAbout11-21-1988RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3209 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - November 21, 1988 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Canfield, Hunzi ker, _ McConnel 1 , Soli nger,"Strla:i n: '.Absent: none. A plaque was presented to the City of Rochester from the Southeastern Minnesota Center for Independent Living. B-1 A Hearing on the Petition to vacate a drainage easement located on the west end of 5th St. N. W. in the proposed plat of Manor Woods West Third Sub. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 654-88 approving the vacation. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Petition to vacate the S 21' of the E. 1.5 Feet of the five foot platted utility easement , Lot 13, Blk 2, Innsbruck 3rd Sub. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 655-88 approving the vacation. Ayes (7), Nays (0).Motion carried. E-1 Bluhm moved, Strain second to approve the request to re -appropriate $25,000 in 1989 Community Development Block Grant funds contingent upon actual receipt of the 1989 CDBG funding and receipt of MHFA funding. Ayes (7), Nays (0).Motion carried. E-2 Discussion was held on the acquisiton of a portion of the Silver Lake Trailer Park/Flood Control Project- Lowell Penz property. Alderman Bluhm was concerned about when the City acquired the title. Fred Suhler, City Attorney stated that the City received title in April but paid Mr. Penz lower money and then Mr. Penz raised the question about interest due him and according to State law, the City would have to pay interest. Alderman Strain wondered if the developer bought this land after he knew the City would have to purchase it for flood control. Mr. Suhler stated that people in the City of Rochester knew the land would be for sale. Alderman Solinger stated that somehow the City needs protection from developers or other people buying land that the City would be needing for flood control. Mr. Suhler stated that the U.S. Supreme Court has approved a law whicl temporarily regulates a moratorium on a piece of land that the City may purchase. Alderman Strain agreed something should be done. Alderman.McConnell stated that we should not pay Mr. Penz the amount of money., Gary Neumann, Assistant City Adm. stated that this price of $400,000. plus $4,000. in interest was a compromise between the price of $540,000. which is what the appraisal of the owner found and the $322,000. which is what the apprisal for the City found. Solinger moved, Bluhm second to accept.the amount of $404,000. Ayes (6), Nays (1). Alderman McConnell voted nay . Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 321® CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - November 21, 1988 Agenda Item E-3 E-4 E-5 E-6 E-7 E-9 Bluhm moved, Canfield second to approve the $4,000 contribution to League of Minnesota Cities to fund the actuarial assistance . This stems from the Laws, 1988 Chapter 574 , Thirteenth Check or Double Cola Act for Police and Fire Pension. This money will be used to help the League discourage legislation patterned after Laws 1988 Chap, 574. Ayes (7), Nays (0).Mot,ion carried. Strain moved, McConnell second to accept the firm of Smith, Schafer and Ferguson Ltd, proposal to provide audit services for the five annual periods ending December 31, 1988, 1989, 1990, 1991 and 1992. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to approve the submission of a grant application for federal/state funding for the proposed Water Reclamation Plant improvements including detailed phosphorus removal. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 656-88 authorizing the City Adm. and/or Fire Chief to dispatch equipment and personnel outside of the City limits as deemed necessary. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to approve the following bills as follows: 1. Accept the low proposal to convert the Hangars from single zone to multi -zone heating J 6923 - Tom Brogan Htg. and Air Cond. $6,975.00 Brogan being lowest-$6,975. Himec , Inc. 7,400.00 2. Low proposal t Alvin Benike, Inc. Floyd Larson Ayes (7), Nays (0 D modify a wall $5,411.00 5,895.00 location , etc. J 6923 Alvin Benike -lowest $5,411. ).Motion carried. Strain moved, Bluhm second to approve the following payments as approved by the Rochester Airport Commission: 1. TSP Eng. for pre -design work on the Terminal Bldg. Steam Line Project J 6930 and 6939 $630.19 2. Final Est.- Rochester Sand and Gravel Taxiway J 6925 $3,275.93 3. Semi -Final Est. McGhie and Betts for staking and insp. Taxiway Seal Coat J 6925 $2,048.26. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the following recommendations by the Rochester Airport Commission: 1. Change Order 1 reducing the Floyd Larson contract price on the Terminal Building by $163.00. 2. Pay the Final Payment to Floyd Larson for Terminal Proj. $8,812.00 3. Execute the Certificate of Final Acceptance. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - November 21, 1988 Agenda Item E-10 Discussion was held on the request for approval of restructuring Phase I Agreements and lease of the Rochester Community College Housing project. At this time, the City has two identical buildings' operated by th same developer in the same location. One is on leased land and the other is on land owned by the developer. In one case the oversight is the responsibility of the HRA and the other the Community college. Upon Council approval, this would be amended. Strain moved, Hunziker second to authorize the acceptance of an amended deed from the Stae; conveyance of the property to the developer subject to the terms and conditions of the amended deed; cancellation of existing agreements and leases and execution of new agreements consistent with amended deed; and authorizing the Mayol and City Clerk to sign all documents necessary -to accomplish this purpose.Ayes (7), Nays (0).Motion caried. E-11 Hunziker moved, McConnell second to approve the following license and bonds: Request received from Charlie Buhr, Sell It Rite Auctions for 7 auction permits fora three month period. Ayes (7), Nays (0).Motion carried. E-12 McConnell moved, Strain second to approve a raffle license to T.I.P. ( Turn in Poachers). This will be held in the Rochester Elks Lodge and the lodge must declare the rental monies. Ayes (7), Nays (0).Motion carried. E-13 Bluhm moved, Hunziker second to approve the following request: The Downtown Business Association requests approval of the Council fo the annual "Arrival of Santa Claus" to be held on Nov. 25, 1988 from 6:30 P.M. until 7:00 P.M. in front on City Hall. Ayes (7), Nays (0).Motion carried. E-14 Hunziker moved, Strain second to approve the Accounts Payable in the amount of $755,030.46 (list on file with the City Clerk.) Ayes (7), Nays (0).Motion carried. E-15 Strain moved, Bluhm second to adopt Resolution No. 657-88 accomplis- ing the following changes to the Comp. Pkg. and Traffic Res.: 1. Amend Para 53 of Sec. B No Parking Zones to read: 2nd St. S. E. on the N. side from the alley east of Broadway -to 2nd Ave. S. E. and on the S. side from the alley east of Broadway to 50 feet east of the RR tracks at all times. 2. Delete Para. 53.5 and 53.6. 3. Add (3) to Special Park. Zones to read: Two taxi stands on 2nd St. S. E. on the N. side just west of the all adjacent to the Radisson Hotel. 4. Add para. (28.5) to Sec. E Passenger Loading Zones to read:' 2nd St. S. W. on the north side from Broadway east 60 feet, more or less adjacent to the Radisson Hotel. Ayes (7), Nays (0).Motion carried. 3212 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - November 21, 1988 Agenda Item E-16 Hunziker moved, Canfield second to adopt Resolution No. 658-88 amending Para 2 of Sec. C Special Parking Zones to read: (1.5) West Center Street on the N. side from 2nd Avenue to a point 40 feet, more or less, West 2 stalls in front of Roch. Methodist Hospital (Handicap Parking ). Ayes (7), Nays (0).Motion carried. E-17 McConnell moved, Solinger second to adopt Resolution No. 659-88 authorizing payment of extra work provided for in Change Order No. 3 for Police Pistol Range - J 4888. This is necessary to cover the $4,200. extra cost for constructing additional support post for the target mechanism. Ayes (7), Nays (0).Motion carried. E-18 Strain moved, Canfield second to adopt Resolution No. 660-88 awarding the low bid of $68,600. for a paint striping machine for the Public Services Dept. (Traffice Div.). The bid was submitted by Sweeney Brothers. Ayes (7), Nays (0).Motion carried. E-19 McConnell moved, Bluhm second to adopt Resolution No. 661-88 awarding the contract to Elcor Construction , Inc. in the amount of $188,254. for Project No. 8808 J 9048 San. Sewer Ext. from 386 Ft. S. of 32nd Avenue N. W. and alg the RR ROW to serve General Warehouse. Ayes (7), Nays (0).Motion carried. E-20 Solinger moved, Bluhm second to adopt Resolution No. 662-88 and 663-88 setting a hearing to be held onJ3n 4,1989 at 7:30 P.M. on a proposed assessment for Ext. of San. Sewer and Watermain to serve Tongens lst and 2nd, Cavilima and adjacent lands. Ayes (7), Nays (0). Motion,carried. E-21 Bluhm moved, Hunziker second to adopt Resolution 664-88 and 665-88 declaring the cost to be assessed and ordering a hearing to be held on Jan. 4, 1989 at 7:30 P.M. on proposed assessment - Project I -II -III -IV J 8475 - Construction of Water Reservoir and Connecting Trunkmains to serve the Low District of N.W. Service area lying N. of 41st St. N. W. Ayes (7), Nays (0).Motion carried. E-22 Strain moved, Canfield second to adopt Resolution No. 666-88 and 667-88 declaring the costs to be assessed and ordering a hearing on Jan. 4, 1989 on Project No. 7301 and 7301A J 8476 - Northwest Dist. San. Sewer Trunkline, Pumping Station, Forcemain and Outfall Sewer. Ayes (7), Nays (0).Motion carried. E-23 Bluhm moved, Strain second to approve a revocable permit to M.A. Mortenson Dev. Co. for a communications duct under 41st St. N. W. east of 31st Avenue N W. subject to the following conditions: 1. Hold Harmless clause in favor of the City in a form as recommended by the City Attorney. 2. That M. A. Mortenson Dev. Co. agree to remove or relocate the conduit at no expense to the City if necessary for public street and/ or public utility work. 3. That plans be provided to the City showing accurately the location and elevation of the conduit line. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3213 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting.No. 19 - November 21, 1988 Agenda Item E-23 4. That the conduit not be installed by open trenching across 41st,, St. N. W. 5. That M.A.Mortenson Dev. Co. be fully responsible for conformance with any license requirements under the Gopher One Call System. Ayes (7), Nays (0).Motion carried. E-24. Canfield moved, Hunziker second to adopt Resolution No. 668-88 approving the the Hazardous Materials Mission Statement for the Rochester Fire Department. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning to M-1"Light Industrial " Lot 26, Blk 2, Garden Acres Sub: ( Jerome Foods ) was given its second reading. Bluhm moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to the Zoning Amendment ; adding definition of "hotel" and "hotel residential" to zoning code. This was given its second reading. Strain moved, Bluhm second to adopt the Ordinanc( as --read. Ayes (7), Nays (0).Motion carried. G-1 Solinger moved, McConnell second to remove the request for a Supple- mental Agreement No. 1 - J 8930 - New Sidewalk Project on West side -West Frontage Road Highway 52 - 2nd -6th Street. This is in t�p amount of $1,758.83. Ay (7 Na s 0 .Motion c rrie S rai o Blu_hm second to adopt Res. �6s9( app►ovi(n� the amt. �`yes (7 hays?OTO. H-1 Strain moved, Hunziker second to support "the Historical Society of Olmsted County on their efforts to apply for a grant from the Celebrate Minnesota 1990 program. This will assist with a site preparation project on the historic Stoppel Farm. Ayes (7), Nays (0). Motion carried. Canfield moved, Bluhm.second to approve the minutes of the November 7, 1988 meeting. Ayes (7), Nays (0).Motion carried. Having no further business, Hunziker moved, McConnell second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. CTty—Clerk Information - Notice of Claims - Nikki Holst - Ref. to City Attorney and Finance Dept. and Rochesterfest. irrr'ied.