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HomeMy WebLinkAbout06-05-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3325 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item A-1 The Mayor, Aldermen of the First Ward, Third Ward and Fifth Ward were sworn in to their respective office by City Clerk Carole A. Grimm at 2:00 P.M. President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell and Strain. Absent: Alderman Solinger. McConnell moved, Canfield second to approve the minutes of the May 18 and 22, 1989 meeting. Ayes (6), Nays (0).Motion carried. C-1 IThe annual address was presented by President Selby ( copy at the back of the minutes ). C-2 McConnell moved, Canfield second to adopt Resolution No. 338-89 adopting the Roberts Rules of Order for the conduct of business by the Council. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 339-89 adopting the Rules and Regulations for Order of Business of the Council. Ayes (6), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 340-89 establish ing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Ayes (6), Nays (0).Motion carried. C-3 The Appointments to various Committees by President Selby was tabled until the evening upon motion by Hunziker and second by Canfield. Ayes (6), Nays (0).Motion carried. C-4 Address by Mayor Hazama is to be seen at the end of the minutes. C-5 McConnell moved, Strain second to adopt. Resolution No. 341-89 designating the Rochester Post Bulletin as the official newspaper to publish the official printing and advertising of the City of Rochester for the official year commencing June 5, 1989 at the rate established by the statutes of the.State of Mn. for legal publication Ayes (6), Nays (0).Motion carried. D-1 Wishing to be heard was Marshall Miller regarding the waiver of a fee for a variance that he needed for an addition on his garage at 120 36th Avenue N. W. He stated that this situation is unique. He stated that the requirements for a 25 foot setback needed for both his front and back yard was unduly restrictive and he is filing for a variance and does not want to pay the $125.00 needed. Fred Suhler, City Attorney stated that the fee should not be waived as it would be hard to distinguish this kind of request from many others that pertain to variances and are currently handled by the Planning Dept. He stated that this variance is legal. He does need the setbacks. 3326 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item D-1 Alderman McConnell was in favor of waiving the fee. Alderman Bluhm stated that the Council should consider that this garage is going to be as big as a house and wonders if this should be allowed in the first place. Alderman Strain stated that the money to process these applications .support the fees charged and this should not be waived. Alderman Canfield stated that he, too, thinks the size of garages should be limited. Canfield moved, Strain second to deny the waiver of the $125.00 fee. Ayes (5), Nays (1). Alderman McConnell voted nay. Motion carried. D-2 Strain moved, Hunziker second to adopt Resolution No.342-89 referrinc the request for Sidewalk reconstruction/beautification for the following addresses: 212,216,220 lst Avenue S. W. to the Public Services Dept. for a feasibility report. Ayes (6), Nays (0).Motion carried. D-3 Hunziker moved, McConnell second to adopt Resolution No. 343-89 referring the following petition to the Public Services Dept. for a feasiblity report. Sidewalks in the Willow Heights Dr. S.W. area. Ayes (6), Nays (0).Motion carried. D-4 The request for a Franchise for Peoples Cooperative Power Assoc. was tabled until the evening session upon motion by Strain second by Hunziker. Ayes (6), Nays(0).Motion carried. E-1 Strain moved, Canfield second to table the Accessiblity Project at the Art Center until the evening session. Ayes (6), Nays (0). Motion carried. E-2 Hunziker moved, Canfield second to approve the participation in the proposed DNR drainage for Mayo Run up to a maximum of $5,000. with appropriations from 301-2136. Ayes (6), Nays (0).Motion carried. E-3 McConnell moved, Strain second to approve the request for a revocable permit from the Rochester Assembly of God Church to allow them to commence a building expansion prior to the hearing or approval of a vacation of a utility easement for.this project. Ayes (6), Nays (0 Motion carried. E-4 Bluhm moved, Strain second to table the request of the Dorothy Day House for Kitchen Equipment until after the space study is completed Ayes (6), Nays (0).Motion carried. E-5 Bluhm moved, Hunziker second to approve the split of an assessment on Lot 3, Blk 13, Golden Hill by Choice Whealdon, Personal Rep. of Lee Duxbury. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3327 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item E-6 Canfield moved, McConnell second to approve a letter of support for proposed Quarry Hill Nature Center Improvements. Ayes (6), Nays (0). Motion carried. E-7 Canfield moved, Strain second to approve the following resolutions as adopted by the Rochester Public Utility Board: Resolution No. 344-89 approving a joint funding agreement with the Dept. of Interior, Geological Survey for the third year of a three year groundwater assessment study in the amt. of $35,000.00. Motion carried. E-8 Bluhm moved, McConnell second to approve the following licenses & boi Request for Cement Sidewalks and Curb and Gutter and Driveways from: E.L.Lindquist and Sons , Inc. of Blooming Prairie Mn. and Ed Lunn Construction at 1803 3rd Ave. S. E. Request from Daniel J. Cassidy of Rochester for a Sewer and Drain License. Request from James S. Parson of United Sheet Metal St. Paul for a Heating, Vent. and Air Conditioning Contractors and Master Installer License. Lourdes High School and Develpment Fund, Inc. for a transfer of the Annual Gamb. License from Northbrook Shopping Center to 28,28 Frontagf Road N. W. ( Skate Country ). The 60 day waiting is waived. The Women's Assoc. of the Mn. Orchestra Inc. for a raffle at the Mayo Civic Center on Nov. 25, 1989. Rochesterfest Committee for a Temp. On -Sale 3.2 beer for the Street Dance on June 24, 1989. Ayes (6), Nays (0).Motion carried. E-9 Canfield moved, Bluhm second to not allow the selling of Off -Sale Intox. Liquor on Jan. 1st and July 4, 1989 in the City of Rochester. Ayes (6), Nays,(0).Motion carried. E-10 Strain moved, Bluhm second to order a hearing on the renewal of the On -Sale Int. Liquor license for Villa Foods, Inc. DBA Edwardo' Edwardo's is behind on their taxes, etc. Ayes (6), Nays (0).Motion Carried. The City Attorney will prepare the paperwork on this. E-11 Strain moved, McConnell second to approve the request from Dion J. Helle for an Ice Cream Vending vehicle license. This is for a period from June 15, 1989 to March 31, 1990. Mr. Helle leases a vehicle from Blue Bell Ice Cream. Ayes. (6), Nays (0).Motion carrie E-12 Strain moved, McConnell second to approve the various Street and Alley closing as submitted by the Rochesterfest Committee for 1989. Ayes (6), Nays (0).Motion carried. E-13 McConnell second to approve the following Miscellaneous activities: Request for a concert on the corner of 1st St. and lst Ave. S. W. fromll:15 to 1:15 on June 16,30,July 7,14 and 28, 1989. ���� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 Request for a running race on June 17, 1989 from Hiawathala6d Civitan. A Wheel-a-Thon at Silver Lake on June 24, 1989 from the Rochester Area Disabled Athletics and Rec. Independence Day Parade on July 4, 1989 from Amalie S. Franke. This is in the Parkwood Hills Area. Rochester Jaycees request to hold a Kiddie Parade on July 4, 1989 from Central Park to -Soldiers FIeld. Woodside Resident Council for a Fun Run on June 24, 1989. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the Accounts Payable. (List on file with the City Clerk ) in the amount of $2,177,199.57. Ayes (6), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 345-89 awarding the bid for Street Roller for the Street and Alley Dept —to Road Machinery and Supplies Co. in the amount of $20,731.00. Ayes (6), Nays:(0).Motion carried. Bluhm moved, McConnell second to adopt Resolution No. 346-89 approvi the low bid of Boyum Equipment Co. for a street sweeper in the amt. of $73,675.00. Ayes (6), Nays (0).Motion carried. Canfield moved, Strain second to approve the Executive Secretary position to be paid $35,740. effective Jan. 1, 1989. This will remain in effect until the annual review of July 1990. Ayes (6), Nays (0).Motion carried. Strain moved, Canfield second to approve the reclassification of the postiions of Deputy City Clerk ,Employee Services Coordinator and Office Services Coordinator to exempt and placement in the Performance Appraisal System. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the Resolutio.n No. 347-8 suppporting an amendment to the Floodplain Elevations on a portion of Cascade Creek near County Club Manor. Ayes (6), Nays (0).Motion carried. Canfield Moved, McConnell -second to approve the Land Use Plan Amendment, Zone Change and Preliminary Platfor L.C.Industrial Park with the installing a public style watermain in the streets of the sub. at the same time that the sewer mains go in. Ayes (6), Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No. 348-89 approving the Subdivision variance 89-2 by Carol and Harold Geerdes. Ayes (6), Nays (0).Motion carried. McConnell moved, Bluhm second to approve the Preliminary Plat known as Lincolnshire 3rd Sub. Ayes (6), Nays (0).Motion carried. L'l 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item E-23 Bluhm moved, McConnell second to approve the Preliminary Plat of Country Club Estates subject to the following seven conditions: 1. A detailed drainage study be provided as rec. by Public Services. 2. All outstanding assessments be paid accord. to City Policy. 3. Access control be shown;on the plat alg the frontage of Co. Club Road. 4. The street name of Northview Lane should be changed. 5. Watermains should be extended across the frontage of the prop. on Co. Club Road as rec. by the Water Dept. and Public Services Dept 6. A residual property des. for the remaining parcel to the west of the plat alg Co. Club Rd. should be provided. 7. Watermain limits (extension) should be resolved with the Public Services Dept. Ayes (6), Nays (0).Motion carried. E-24 Strain moved, McConnell second to table the request for a revised Planned Unit Dev. 9 Preliminary Stage and Plat for Aspens. This is to be referred to the Committee of the Whole for further discussion on accesses, etc. Ayes (6), Nays (0).Motion carried. Wishing to speal on the usage of 4th Street S. W. as an access was Arlen Gagnon 2500 4th St. S. W. and she is opposed to this road as an access for Aspens. E-25 Bluhm moved, Strain second to adopt Resolution No. 349-89 approving the setting of a hearing to be held on July 5, 1989 at 7:30 P.M. on the vacation of an existing easement on property located at Lot 1, Blk 1 Assembly of God Sub. Ayes (6), Nays (0). Motion carried. E-26 Strain moved, McConnell second to adopt Resolution No. 350-89 setting a hearing for July 5, 1989 on the vacation of a 5' utility easement located on Lot 1, Blk 3, Northern Slopes First Addition. Ayes (6), Nays (0).Motion carried. E-27 Strain moved, McConnell second to adopt Resolution No. 351-89 initiating a zoning dist. amendment from the floodway district to thl flood fringe district in the area of the Water Reclamation Plant as dated May, 1989. Ayes (6), Nays (0).Motion carried. E-28 Bluhm moved, Strain second to adopt Resolutions No. 352-89 and 353-89 ordering a feasibility report and a hearing to be held on July 5, 19 The Project is 6309-2-89 J 9065 - Grading and Surf. Con. Curb and Gutter, Storm Sewer , Watermain and San. Sewer Repair in 9th Avenue S. E. from 6th St. S. E. to llth St. S. E. Ayes (6), Nays (0).Motion carried. . E-29 Strain moved, Canfield second to adopt Resolution No. 354-89 approving an negotiated agreement with the D.M. and E.Railroad to upgrade the existing RR crosing at 16th St. S. E. Ayes (6), Nays (0).Motion carried. 3329 3330 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item E-30 E-31 E-32 E-33 E-34 E-35 E-36 E-37 E-38 E-39 Canfield moved, Bluhm second to approve the Special Assesment Policy Change - for Alley Reconstruction - These alleys should be .assessed at $5.00 per assessable front foot. and shall be spread over a two year period. Ayes (5), Nays (1).Motion carried. Alderman Strain voted nay. Canfield moved, Hunziker second to adopt Resolution No. 355-89 ordering a feasbility report on the Reconstruction of three residenti, alleys - Project 8909 J 9108 - Ayes (5), Nays (1).Motion carried. Alderman Strain voted nay. McConnell moved, Hunziker second to approve the revocable permit for a Canopy Ext. for Brackenridge Plaza. Ayes (6), Nays (0).Motion carr- ied. This will extend 4 feet into the sidewalk. Strain moved, Bluhm second to approve the execution of a lease agree- ment for property at 817 6th St. S. E. with Mrs. Francine Kane. Resolution No. 355-89 was adopted. Terms of the lease would be $500. per -month plus utilities: Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 356-89 appro, ing the Parking Restriction on 1st Avenue N. W./100 Blk as follows: (43.7) First Avenue N.W. on the east side from lst.St. to driveway entrance into RMH employee ramp. Ayes (6), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 357-89 approving the Parking study at 20th St. N. W.1850 block. Ayes (6), Nays(0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 358-89 and 359-89 adding Para (21) and (22). to Sec. B No Parking Zones as follows: (21) on both sides of the alley in the 10 block from 2nd St. S. W. to 150 feet more or less north of 2nd St.at all times. (22) on the west side of the alley in the 10 block from 2nd St. S. E. to 1st St. S. E. at all times. Ayes (6), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 360-89 scheduli a pdbl:i_c hearing to be held on Federal Project 90-X027 Buses - June 19, 1989 at 7:30 P.M. Ayes (6), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 361-89 awarding the low bid to MEC Construction in the amount of $593,319.00 for the North Yard Equipment Garage and Police Training Fac. Ayes (6), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt ResolutionNo. 362-89 awarding the low bid of $17,061.05 to S.L. Contracting for Project 8508-89 J 9082 - San. Sewer in Service Ct. N. E. to Serve Lincoln Mercury. Ayes (6), Nays (0).Motion carried. fg 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ?, Annual Meeting No. 1 - June 5, 1989 Agenda Item E-40 McConnell moved, Strain second to adopt Resolution No. 363-89 awarding the low bid of $48,231.00 to Road Constructors for Project 6256-88 J 9014 - St. Reconstruction on 16th St. S. E. from llth Avem S. E. to 300 feet East. Ayes (6), Nays (0).Motion carried. E-41 Bluhm moved, Hunziker second to adopt Resolution No. 364-89 awarding the.contract for Porject 6256-89 J 9068 - St. Resurfacing, Con. Curb and Gutter and Driveways on 16th St. S. E. 3rd Ave. to CSAH 1 in the amount of $168,977.35 to Road Constructors. Ayes (6), Nays (0).Motion carried. E-42 Hunziker moved, Strain second to adopt Resolution No. 365-89 authorizing the City Clerk to advertise for bids for 11:00 A.M. on July 12, 1989 on Project No. 6305-3-89 J 2150 - Storm Sewer in 5th Avenue S. W. from 2nd St. S. W. to West Center St. Ayes (6), Nays (0).Motion carried. E-43 Strain moved, Hunziker second to adopt Resolution 366-89 authorizing the City Clerk to advertise for bids on Project 8812- J 9074 - Watermain Ext. thru the Kellogg Jr. High School Site from t East end of 17th St. N. E. to 7 1/2 Avenue N. E. Bids to be opened at 11:00 A.M. on June 30, 1989. Ayes (6), Nays (0) Motion Carried. E-44 Bluhm moved, McConnell second to adopt Resolution No. 367-89 awarding the contract for Project 8951-J 6353 - Installation of Traffic Signal and St. Lighting at 37th St. N. E. and East River Road.to Collins Electric in the amount of $48,182.00. Ayes (6), Nays (0).Motion carried. E-45 Strain moved, Bluhm second to adopt Resolution No. 368-89 approving. the Supplemental Agreement No. 1 for Project 6207-4-86 J 8961 - 7th St. N. W. alg. side Cascade West Sub. Ayes (6), Nays (0).Motion carried. The amount is $1,036.00. E-46 Strain moved, Hunziker second to adopt Resolution No. 369-89 awarding the low bid of $234,734.50 to Elcor Const. Inc. for Project 8901-J 9079.San. Sewer Ext. in Rocky Creek Dr —from the East Ln. of Rocky Creek Sub. and proposed No. Heights East 5th Sub. Ayes (6), Nays (0).Motion carried. E-47 Strain moved, McConnell second tb adopt Resolution No. 370-89 awarding the low bid of $654,156.45 to Elcor Construction Inc. in the amount of $654,156.45 for'Project No. 8801 J 9024 - San. Sewer Trunkline Sewer and Watermain laterals to serve Bamber Valley School and Others in Sec. 9,10,15, and 16 in Roch. Township. Ayes (6), Nays (0).Motion carried. E-48 Bluhm moved, Strain second to adopt Resolution No. 371-89 authorizini, the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 28, 1989 on Project 8207-6-89 J 9078 - Watermain and San. Sewe milts. Proposed Meadow Hills 6th Sub. Ayes[6�,Nays A - Mo pion carried. ie 3332 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item E-49 E-50 G-1 A-1 ME Strain moved, Canfield second to adopt Resolution No. 372-89 and 373-89 ordering a feasiblity report and ordering a hearing to be held on July 17, 1989 and ordering bids to be opeend at 11:00 A.M. on July 12, 1989 for Project No. 7814-89 J 9109— Drainageway and T Storm Sewer Impt. in Glendale First Sub. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 374-89 supporting the nomination of Peter Solinger, Alderman for the League of Mn. Board of Directors. Ayes (6)., Nays (0).Motion carried. Strain moved, Hunziker second to remove the Final Plat known as Bell Oaks Sub. formerly called Thompson Ridge from the table. Ayes (6), Nays (0).Motion carried. The 5 ' easement in question is being worked out by the various developers that are involved in this. Having no further discussion, Bluhm moved, McConnell second to adopt Resolution No. 375-89 approving the plat. Ayes (6), Nays (0). Motion carried. Having no further business, Strain moved, McConnell second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. President Selby called the meeting to order at 7:30 P.M., the follow• ing members being present: Aldermen Bluhm, Canfield, Hunziker, McConnell and Strain. Absent: Alderman Solinger. A Hearing on the Development Program and Tax Increment Financing Plan for Proposed Olsmted Barrier Free Housing Project. Wishing to be heard urging the Council to approve this was Bill Maleris of So. E. Center for Ind. Living and Ernie Klocher of 325 1st Avenue S. W. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Canfield second to approve this request. Ayes (6), Nays (0).Motion. carried. ,Zes 3�sAgy u'gs 14PPmOtO, A Hearing on the Vacation of a 15' Utility easement located on Lot 2, Blk 1, Cordul Commercial Park and vacated frontage road. Having no one present that wished to be heard, President Selby close) the hearing. Bluhm moved, McConnell second to adopt Resolution No. 376-89 approving the vacation. Ayes (6), Nays (0).Motion carried. A Hearing on the Planned Unit Development ( Final Plan ) to be called Hampton Rhodes. Wishing to be heard was Ron Bailey of Yaggy Colby Assoc. and went over the four conditions that was placed on this plan. Alderman McConnell asked if the density was greater than what is allowed in the area. He was told that it was under the density that could be constructed under the zoning of the area if it was not a PUD. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Strain second to adopt Resolution No. 377-89 approving the plan with the following four conditions: 1. Condo documents for the Homeowners Assoc. should be provided and restrict the parking of rec. veh. without garages for more than 72 hours. k RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 333 CITY OF ROCHESTER, MINNESOTA Annual Meetinq No. 1 - June 5. 1989 Agenda Item B-3 2. The drainage plan is found acceptable by Public -Services and if any modifications to the PUD plans or drainage plan are necessary that revised documents be submitted. 3. That the Crime Resistance Unit finds the lighting plan CK or modifi( plans are submitted with any required changes. 4. Plan sheets for the project entrance sign be submitted and found acceptable to the Planning Dept. Ayes (6), Nays (0).Motion carried. B-4 A Hearing'on the Final Plat of Hampton Rhodes. Wishing to be heard was Ron Bailey of Yaggy Colby Assoc. and stated that the large lot 3 , Block 2 be split into two lots as it is large and they would like this split on the plat. Having no one else present that wished. to be heard, President Selby closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 378-89 approving the plat with the Lot 3, Blk 2 being subdivided. Ayes (6), Nays (0).Motion carried. B-5 A Hearing on the Final Plat to be known as North Park 4th Sub. Wishing to be heard was Dick Ehrick, Attorney.in Rochester, Mn. representing Scott Lampland Dev. He was concerned about the electricty hook up which is in question because of a potential law suit the City filed against Peoples Cooperative Power: He urged the Council to grant them use because the lots are ready to be developed. Fred Suhler, City Attorney stated that the law suit was filed and that they are caught in the middle of an untimely situation Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Canfield second to table this until June 19, 1989 to see if the law suit has progressed any further. Ayes (6), Nays (0).Motion carried. B-6 A Hearing on the Sidewalk Replacement Project No. 4-1987 J 8992. Wishing to be heard was Beth Rosemark of 916 6th St. S. E. and stated that her sidewalk was crumbling and the contractors did a poor job of cleaning the area. Roger Plumb, Public Services Dir. will send a person out to investigate this problem. A respresentative of 1220 Cascade Street N. W. was present and stated that she wasn't sure what was marked and why they took out a good piece of cement. Public Services Director will also investigate this. Having no one else present that wished to be heard, President Selby closed the hearing.. Strain moved, McConnell second to adopt Resolution No. 379-89 approving the assessments with the two people above being investigated. Ayes (6), Nays(0).Motion carried. B-7 A Hearing on the Reassessment of previously cancelled assessments due to forfeiture of land to State of Minnesota. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 380-89 approving the assessment. Ayes (6), Nays (0).Motion carried. B-8 A Hearing on the Sidewalk Replacement Project 1-1988 J 9038. Wishing to be heard was Albert Bicknese of 1545 3rd Avenue S. W. He was objecting to the assessment because he stated that tree roots are responsible for the sidewalk breaking up. The City does not E 3334 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item B-8 consider that the problem of the City and that indeed his sidewalk was replaced correct. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resolutio No. 381-89 approving the assessments. Ayes (5), Nays (1). President Selby voting nay. Motion carried. B-9 A Hearing on the Sidewalk Replacement Project 2-1987 -J 8988. Wishing to be heard was Robert Garcia owner of the apartment house on 1104 East Center Str. Mr. Garcia lives in Zumbrota, Mn. He was wondering if he had to pay for sidewalk replacement when the City came along and took out a driveway that lead nowhere. He was told that he would be responsible. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, McConnell second to adopt Resolution No. 382-89 approving the assessments. Ayes (6), Nays (0).Motion.carried. B-10 A Hearing on the Sidewalk Replacement Project 3-1988 J 9040. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, McConnell second to adopt Resolution No. 383-89 approving the assessments. Ayes (6),Nays (0).Motion carried. B-11 A Hearing on the Sidewalk Replacement Project 1-1987 J 8987. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Strain second to adopt the Resolution No. 384-89 approving the assessments. Ayes (6), Nays (0).Motion carried. B-12 A Hearing on the Snow Removal assessments. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 385-89 approving the assessments. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Rezoning property to PUD-R-96 Hampton Rhodes Sub. was given its first reading. F-1 An Ordinance Rezoning to R-3 ( Med. Density Res.) Foxborough Sub. was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance annexing approx. 1.23 acres presently surrounded by the City and situated inthe NE 1/4 of Sec. 7, Marion Twp. was given its second reading. Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Annexing portions of Lots 2 and 3 Hillcrest Sub. Roch. Twp. was given its second reading. McConnell moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to approve an owner contract for Watermain to serve Lots 1 to 4, Blk 1 , Lots 1 -3, Blk 2, Lots 1 to 4 Blk 3 and Lots 1 and 2, Blk 6 French Creek Sub. John Bouquet and Elcor. Ayes (6), Nays (0).Motion carried.. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3335 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item F-1 Bluhm moved, Canfield second to approve an owner contract Res. 386-89 for Basic Construction in Foxcroft Fifth Sub. Wynnwood Co. and Elco Construction. Ayes (6), Nays (0).Motion carried. F-1 Canfield moved, Bluhm second to.adopt Res. 387-89 approving an owner contract for Street Construction in Foxborough Sub. Ayes (6), Nays (0).Motion carried. F-1 McConnell moved, Bluhm second to adopt Resolution No. 388-89 approvin an owner contract for street construction, watermain and storm sewer in a portion of 23rd Avenue N. W. and San. Sewer Ext. from Lot 1 , Blk 1 Pennington Business Park Third, David Pennington and Road Constructors, Inc. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, Canfield second to adopt Resolution No. 389-89 approvin an Owner Contract for Basic Construction in a portion of Manorwoods West Third Sub. Drake , Forbrook and Assoc. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 390-89 approving an owner contract for San. Sewer and Watermain Ext. to serve Lots 17 to 22, Blk 1 and Lots 1,3,4,5, and 6, Blk 3 Meadow Hills 6th Sub., Meadow Hills Inc. Ayes (6), Nays (0).Motion carried. F=1 Canfield moved, McConnell second to adopt Resolution No. 391-89 approving an owner contract for basic construction in Bell Oaks Sub.; Steve Holtegaard and Rochester Sand. -and Gravel. Ayes (6), Nays (0). Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 392-89 approving an owner contract for Grad. and Base and Bit. Surfacing, Concrete Curb and Gutter and Storm Sewer in Meadow Hills 6th Sub., Meadow Hills, Inc. and Road Constructor. Ayes (6)', Nays (0).Motion carried. E-1 Strain moved, Canfield second to remove the Accessiblity Project at the Art Center from the table. Ayes (6), Nays (0).Motion Carried. Bluhm moved, Hunziker second to approve the additional $40,000. for the Art Center Elevator addition from the Future Construction Account. Ayes (6), Nays (0).Motion carried. G-2 Canfield moved, Hunziker second to remove the request for a proposed Project 6314-3-87 J 8966—Reconst. and Widening, Concrete Curb and Gutter, St. Sewer, Watermain and Service Conn. in 14th Avenue S. W. from 430 Feet S. of 2nd St. S. W. to 6th St. S. W. from the table. Ayes (6), Nays (0).Motion carried. Discussion was held by the Council on the changes and decided that the street width would be acceptable from 41 feet to 32 feet wide. Wishing to speak was Roger Daly of 503 14th Avenue S.W. and he stated that this revised project was acceptable to the neighbors and would prefer parking be included day times too. Pat Eagen of 528 14th Avenue S. W. stated that keeping the street to 32 feet was O.K. Having no further discussion, Canfield moved, Bluhm second to adopt Resolution No. 393-89 approving the project with the 32' wide street and the recommendations according to the letter by Public Ser- 3336 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF. ROCHESTER, MINNESOTA Annual Meetinq No. 1 - June 5, 1989 Agenda Item G-2 G-3 G-4 vices Director except on the 150'turn lane. Ayes (6), Nays (0). Motion carried. McConnell moved, Canfield second to remove the Vacation of a utility easement along Salem Road S. W. adjacent to the Salem Point PUD from the table. Ayes (6), Nays (0).Motion carried. Bluhm moved, Strain second that we charge the Dev. $2,591. to buy back the land needed for the easement. Ayes (6), Nays (0).Motion carried. Resolution No. 394-89 was adopted approving of the vacation. Ayes (5), Nays (1). Alderman Canfield voted nay. Motion carried. Strain moved, Bluhm second to remove the Final Plat of Salem Point Sub. from the table. Ayes (6), Nays (0).Motion carried. It was noted that the Public Services would like sidewalk in the area Mr. Roger Plumb, Public Services Direc. stated that he would like to see sidewalks put in the area,but if not that, at least a berm. John Bass, Dev. stated that he did not have a place to put it. Having no further discussion, President Selby called for the question. Strain moved, Canfield second to adopt Resolution No,3-IS'81 approving the plat with the following five conditions: 1. This Final Plat not be recorded until after the ordinance rezoning this property to a PUD district is adopted. 2. The final plat not be recorded by the City Clerk until the resolution vacating the utility easements across the plat is recorded. 3. All outstanding assessments are agreed to be paid by the owner according to the established City Policy. 4. Access control be platted along Salem Road with the openings approved by the Co. Engineer. 5. That a Berm be planned and approved by the Public Services Dir. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3337 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 , June 5, 1989 Agenda Item H-1 C-1 1 Wishing to be heard was Bob DeWitz of Rochester, Mn. He urged the Council to approve the Manorwood Lakes Project Agreement whereby he would give the City a strip of land. He wanted release of the Tract A and B as they would like to begin work. The City Adm. stated that the area he is,goi,ng to give to the City was different than they agreed upon in the original project agreement. He wanted to have this new area in writing before permission would be given to begin. Fred Suhler, City Attorney also agreed that any transactil should be done in writing. Alderman Strain and Alderman Bluhm stated that the City should cooperate with Mr. DeWitz and grant him the agreement so that he could begin. Alderman Hunziker stated that the Council should have this agreement signed and in our hands before we grant Mr. DeWitz permission to start construction. No action was taken on this as Mr. DeWitz came in at the last minute and he was instructed to have the agreement approved by the appropriate city staff and bring this back in final form for Council approval. Alderman Strain suggested that the apointments by the Alderman At Large have the following changes. Alderman Hunziker continue to serve on the Housing and Redevelopment Authority and Alderman McConnell remain on the ROCOG Board. Alderman Hunziker be added to the -Flood Control Committee and Alderman Canfield and Strain be re appointed to the Rochester Convention Bureau. Alderman At Large Selby stated that she would take the suggestion under advisement and return her appointments at the meeting June 19. Strain moved, Canfield second to table the appointments by the President to the various Committees until the June 19, 1989 meeting. Ayes (6), Nays (0).Motion carried. Having no further. business, Strain moved, Canfield second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. ity Clerk 3338 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item Information - 1.Memo from City Staff regarding Aspens Assessments/PUD 2. Letter From Craig Wendland/ RE: Microline Technologies Corporatioi 3. Notices of Assessment Appeals. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5, 1989 Agenda Item C-1 Address by Nancy Selby, Alderman At Large Honorable, Mayor, Members of the Council, Staff and those in the audience: Personally speaking, this has been the fastest year of my life. There is never a dull moment and I never have to worry about what to do when I wake up. If you like living life on the edge, dealing with challenges and making a difference, this JOB IS FOR YOU! I would like to compliment the Mayor and my fellow council for their 150% dedication & devotion to this great city of ours. Five of the seven councilmen are employed fulltime outside the house and I respect their work week at times runs 50 to 60 hours. In addition, add 20 to 30 hours of council work and committees and you can see it takes a hardy individual not only to relish the job but thrive on it. I compliment the 150% dedication and devotion of our staff - the extra efforts they do to provide services - sometimes beyond the call of duty - and for their thorough and thoughtful planning. I appreciate it that we approach challenges as a team, in a positive manner - where we all take credit for success. I thank the media for the time and energy devoted to carrying the council message to the citizens. I look to the media as a check and balance on government. I thank the citizens for your phone calls, letters, attendance at meetings and for taking the time to CARE. Sometimes it's lonely al the top, particularly when I am only hearing from one side of the question. I like to look at all sides - pro and con - and then decidE what is in..the.best in.terest.=of.the communi.ty.. Agenda Item C-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting NO. 1 - June 5, 1989 Since June 1988, there's been alot of pulling together and getting things up and running and I feel the pulse and tempo of the city is at an all time high. I've been asked "What is the city doing for encores?" I mention the nucleus of obtainable goals for the Council Goal Setting Session in January, and I look forward to continued goal settings with city department heads in the coming future. In the next year, we will be dealing with (in no particular, order) city space needs, flood control projects, additional parkland, land development, recycling, solid waste, clean air, water policy, assess - is in newly annexed areas, homeless, mass transportation and higher. education - just to mention a few projects. The biggest CHALLENGE that I see is how to fund a.lot of good projects put forth by a,lot of good people. Where is the money coming from? And do you want the project badly enough to pay for it? Our creative and innovative skills are going to be really tested in the next few years. I ask those of you listening to participate with your positive thoughts - let us hear from you. It is my intention to be very open, put all the cards on the table, keeping the citizens informed FROM THE BEGINNING of these exciting ideas. I ask of you, the citizens, to listen to the whoe story and ask a,lot of questions, if you have them, before you make up your, min prematurely. We're in this together m Thank you. Agenda Item C-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meetinq No. 1 - June 5. 1989 Address by Mayor Chuck Hazama: STATE OF THE CITY MESSAGE: As I prepared for my sixth State of The City Address, I could not hel[ but reflect on a day we will be celebrating on the sixth month of the year. June 18 is Father's Day and I could not help but reflect on my Dad who passed away six years ago. My Father was a great role model for me. He coached, moderated, volunteered and spent thirty years as a scout leader. He was involve in church, community and family and most importantly he was interested i people and people liked him. Charlie or Dad, as I called him, was the oldest of six children born of immigrant parents who had the responsibility to establish a trad- ition of strong family relationships. His perception of family required parents as leaders with a responsibility that was driven by a tight family structure. The family bestowed a lot of love in nurturing their children and a lot of respect towards the elders. We never talked back to our parent or grandparents - I remember at twelve, I did talk back to Grandma one and I vividly remember to this day, the consequence of the incident. But as family we were giving towards our friends and neighbors in tim of crisis, emergency or, want. His consciousness had a lot in common with the ideals and values of his immigrant Dad, My Grandfather.. They brought with them ideals and values that come out of the recognition that life is hard and tough and for some people it is that way everyd My Dad never became a wealthy man but he was rich in love and exemp- lified a person who was destined to serve his fellow human beings. He made life less hard for me by making sure I received a college education and helped in every way to achieve my goals in life. He wa! so proud when I was elected Mayor, of our city in 1979, six years ago. What makes life hard is relatively the same for all of us. It is sickness, loss of family members, failure in your, job, getting old, being alone and losing your sense of independence. People sometimes suddenly age after a serious illness or the death of a spouse. Some lose interest in everyday life and leave families in shock.. As we look to this new term and plan for the next decade - it is my hope that we continue to nurture our. consciousness that we are all family or at least a neighbor concerned about the inevitable hard times that people experience and be willing to support others in time of need. Our gift to our. community is the legacy of caring and love that has been a tradition in Rochester. We have experienced a glorious 130 year history, In ten and a half years, we enter anew millenium. Agenda Item C-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 5. 1989 Can we, in the last decade of this century continue to add to the great history of the past? Will we fulfill the need of our community by continuing to develop and grow as we have these past years? How will we resolve the issues of clean water, recycling, affordable housing, and the water reclamation plant? What will we do about our library, joint city/county facility, per- forming arts complex and sports facilities? We have a lot to do, but when we come to the turn of the century, let it be truly said of us that we are all family here and that we carried our tradition of -caring to new heights. Thank you. 1