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HomeMy WebLinkAbout07-05-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3350 Agenda Item A-1 B-1 B-2 B-4 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 5, 1989 President Selby called the meeting to order at 7:30 P.M., the followi members being present: President Selby Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Solinger moved, Bluhm second to approve the minutes of the July 19, 1989 meeting. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed Final Plat of Glendale First Replat. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 433-89 approving the plat with the following conditions: 1. Submittal to staff of street plan and profile sheets for 13th Ave. Lane N.E. 2. Utility easements requested by U.S. West Commuication to be shown on the plat. 3. The final plat documents not be recorded until the easement throul, the center of Lot 4, Block 1 is vacated. Without the vacation of this easement this lot is basically unusable. 4. All outstanding assessments are taken care of with the Public Services Dept. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation of an existing easement on propert; located at Lot 1, Blk 1 Assembly of God Subdivision. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Strain second to adopt Resolution No 434-89. approving the vacation. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed vacation of a 5' utility easement located of Lot 1, Blk 3, Northern Slopes First Addition. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 435-89 approvin, the vacation. Ayes (7),Nays (0).Motion carried. A Hearing on the Proposed Project No. 6309-2-89 J 9065 - Grading and Surfacing, Concrete Curb and Gutter, Storm Sewer, Watermain and Sanitary Sewer Repair in 9th Avenue S. E. from 6th St. S. E. to llth Street S. E. Wishing to be heard was Roger Plumb, Public Servi Director who presented the project and the breakdown of costs, etc. Wishing to be heard was Milton Robsahm of 922 9th Avenue S. E. He stated that he would like the stop sign to be looked at again. The traffic is concentrated at pre-school hours and after school hours. The traffic count may not show totally that there is a need, but if the traffic is concentrated, then this area is busier than some other parts of town that warrant a stop sign. Wishing to be heard was Marie Wilson of 1020 9th Avenue S. E. and is also concerned about the concentrated traffic. They do need a stop sign. Bill Benjamin of 821 8th St. S. E. wondered about the bend in the design of the street and if this would have to be redone if the 6th St. bridge is put in. Mr. Plumb stated that they have no plans now to put in the bridge and the bend is still in the design. L� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 3 - July 5, 1989 Agenda Item B-4 Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution.No. 436-89 ordering the project to be made. Ayes (7), Nays (0).Motion carried. D-1 Solinger moved, Canfield second to adopt Resolution No. 437-89 referring the petition for Streetscaping and Sidewalk Improvements on First Avenue S. W. adjacent to 201 First Avenue Building- Old First Bank Bldg. to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. E-1 Canfield moved, Bluhm second to approve the request to adopt a Joint Statement on Property Tax Reform for presentation to Governor Perpich at a hearing to be held in Rochester on July 6,1989. The County will present this Joint Statement. Ayes (7), Nays (0).Motion carried E-2 Strain mvoed, Bluhm second to adopt Resolution No. 438-89 urging the Mn. Congressional delegation to support a Constitutional amendment prohibiting the desecration of the American Flag. Alderman Canfield objected to this motion he stated that this govern- ing body should not interfere with a decision of the Court. Alderman Bluhm disagreed and stated that laws are made to govern people and this law would be the same as a traffic law. To be abided by. Alderman Strain strongly agreed with Alderman Bluhm and stated that we should support the President of the United States in a very important matter. Alderman Solinger did not think the Constitution should be changed. He feels uncomfortable with making a decision without further research. Alderman Hunziker stated that he feels the people of this City are going to think the vote will be for patriotism or not. He does not like that position because he thinks a lot is at stake. Freedom is one of them. He stated that the freedom which the flag stands for is being questioned in this matter. He stated that 99% of the people will probably not burn the flag, but the freedom thing is something to think about. Alderman Bluhm disagreed and urges the Council to adopt this resolution. Alderman McConnell will support this resolution: Wishing to be heard with the Council approval is Peter Mucha Of 1055 Plummer Circle, Roch.Mn. thinks that the rights of an individual should be considered when making a decision of support on this issue. Having heard the split testimony by the Council, Canfield moved, Solinger second to table this. Upon roll call vote, Aldermen Canfield, Solinger and Hunziker voted aye. Ayes (3), Aldermen Bluhm, McConnell, Strain and President Selby voted Nay. Nays (4). The table motion did not carry. Vote was taken on the original motion. Upon Roll call vote, Aldermen Bluhm, McConnell Strain and President Selby voted aye.Ayes (4), Nays (2). Aldermen Canfield and Hunziker voted nay. Al derman Sol i nger abstained. Motion, carried. E-3 Discussion was held on the proposed Parkland Dedication Ordinance. Bluhm moved, Strain second to instruct the City Attorney to prepare an Ordinance for adoption covering the following areas: 3351 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3352 Agenda Item E-3 E-4 E-5 E-6 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 5, 1989 1. Staff position should read " determine the value at the time the subdivision is proposed to "value at the time the subdivision is proposed - at fair market value. No. 2 Staff position of Jan. 1, 1990 is O.K. No. 3 change Staff position of Parkland Size for Neighborhood Parks to 2-6 acres. No. 4 change the slope of the Parkland minimum of 2 acres. No. 5 and 6 No. 7 are O.K. as stated. Alderman Strain offered an amendment to Alderman Bluhm's motion by reflecting the staff position in all 8 recommendations as written. Canfield second the motion. After Council discussion, Strain moved, Bluhm second to table this matter to the Committee of the Whole where further information could be gathered. Upon Roll call vote, Aldermen Bluhm, McConnell, Strain and Solinger voted aye. Ayes (4), Nays (3). Aldermen Canfield, Hunziker and President Selby voted nay. Motion carried. After further Council discussion Solinger moved Canfield second to reconsider the tabling motion. Ayes (7),Nays (0). Motion carried. The tabling motion made by Strain and second by Bluhm was withdrawn. The amendment to the original motion made by Alderman Canfield and second by Hunziker was withdrawn. The original motion by Bluhm, second by Strain was withdrawn. The matter is now brought back to the Council. Solinger moved, Canfield second to approve the proposed'Parkland Dedication as listed on the Request for Council Action - Staff position - with the exception of No. 6 and that would be changed from 6-Schedule for Payment of Fees - Payment within 6 months of staff approval TO Payment within 1 year of plat approval. The City Attorney is instructed to prepare an Ordinance for approval. Ayes (6), Nays (1). Alderman McConnell voted Nay. Motion carried. McConnell moved, Bluhm second to adopt Resolution No. 439-89 approvin, Phase II Development Agreement for Proposed Olmsted Barrier Free Housing Project. Ayes (7), Nays (0).Motion carried. This covers the land sale with RCIL-Olmsted Barrier Free Housing Corp. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the Change Order No. 3 and 4 with Sheehy Construction Co. for Skyway Project in the amount of a3op3 and 1,353.00. Ayes (7), Nays (0).Motion carried.Res.440-89 wa! McConnell moved, Strain second to approve the following licenses & bolds: Request for a Cement Sidewalk , Curb and Gutter and driveway contract by J. Brian Zorteau, Ryans Bay, Zumbro Falls, Mn. Request for a Auctioneer License for a period of July 5 -Dec. 31, 198 from Dean Mathison of St. Charles Mn. Request for a Temp. On -Sale Beer (3.2) license from Luverne Kothenbeutel of Olmsted Co. Agr. Assoc. for the Olmsted Co. Fair from July 31-Aug. 6, 1989. Request for a Cement sidewalks, Curb and Gutter and Driveways from Gerald Schaefer of Chatfield. Request from Tony Keefe of Stewartville, Mn. to construct Cement Sidewalks , Curb and Gutters and Driveways. Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. 3353 ' CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 5, 1989 Agenda Item E-7 Solinger moved, Hunziker second to approve the following Misc. Activiti Request from the Downtown Business Assoc. for an Annual Sidewalk sale for downtown Rochester on July 27 thru July 29, 1989. Request from the Rochester Track Club for the Rochester 10K Run on July 8, 1989. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved, Solinger second to approve the Accounts Payable in the amount of $1,605,689.67. List on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-9 Strain moved, Hunziker second to adopt Resolution No. 441-89 authoriz- ing the City Clerk to advertise for bids on the year's supple of un- leaded and regular gasoline. Bids to be opened at 11:00 A.M. on July 26, 1989. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, Strain second to adopt Resolution No. 442-89 authoriz- ing the City Clerk to advertise for bids for a year's supply, of pebble quicklime for the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on July 26, 1989. Ayes (7), Nays (0).Motion carried. E-11 Solinger moved, Strain second to approve the Metes and Bounds conveyance 89-15 of unplatted land located on the North side of East Circle Drive, east of Shopko and instruct the City Attorney to prepare Resolution No. 443-89 approving this action. Ayes (7), Nays (I Motion carried. E'12 Hunziker moved, McConnell second to adopt Resolution No. 444-89 approving the MHFA Home Deferred Loan Program for Olmsted Co. inclusive of the City of Rochester. Ayes (7), Nays (0).Motion carried. E-13 Solinger moved, Strain second to adopt Resolution No. 445-89 setting a hearing to be held on August 7, 1989 on the proposed Project 6206-3-89 J 9067 - Reconstruct and Widen 6th Street S. W. from 4th Avenue S. W. to loth Avenue S. W. Ayes (7), Nays (0). Motil carried. E-14 Strain moved, Hunziker second to adopt Resolution No. 446-89 awarding the low bid of $279,168.38 to Elcor Construction Co. for Project 8604 4-89 Grading and Surf. Con.Curb and Gutter, Storm Sewer System , Sanitary Sewer, Watermain and Service Conn. in Baihly Heights Fourth Sub. Ayes (7), Nays (0).Motion carried. E-15 McConnell moved, Bluhm second to adopt Resolution No. 447-89 authorizing the City Clerk to advertise for bids on Project 6301- 1-88 J 9027 Reconstruction of 1st Avenue N. E. from 5th St. N. E. to 6th Street N. E. Bids to be opened at 11:00 A.M. August 2, 1989. Ayes (7), Nays (0).Motion carried. es: n 3354 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 5, 1989 Agenda Item E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 E-24 Strain moved, Canfield second to adopt Resolution No. 448-89 authorizi the City Clerk to advertise for bids on Project 6001-89 J 9066 Street Resurfacing, Concrete Curb and Gutter, Storm Sewer, Catch Basins on Wilshire Dr. N. E. from 14th Avenue N. E. to Wilshire Ct., Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to adopt Resolution No. 449-89 authorizing the City Clerk to advertise for bids on Project No. 6301-; J 9013 - Widening and Curb and Gutter on 1st Avenue S. E. from 2nd Street S. E. to 1st St. S. E. Bids to be opened at 11:00 A.M. on August 2, 1989. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 450-89 authorizing the.City Clerk to advertise for bids on Project 6314-3-87 J 8966 - Reconstruction and Widening , Concrete Curb and Gutter, Stori Sewer, Watermain and Service Connections in 14th Avenue S. W. from 430 Feet So. of 2nd St. S. W. to 6th St. S. W. Bids to be opened at 11:00 A.M. on August 4, 1989. Ayes (7), Nays (0).Motion carried. McConnell moved, Solinger second to adopt Resolution No. 451-89 to approve the low bid of $64,607.25 to Doyle Conner Co. for Sidewalk Replacement Project No. 1-1989 J 9095. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 452-89 acceptini, the low bid of $48,296.25 with Doyle Conner Co. for Sidewalk Replacement 2-1989 J 9096. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 453-89 accepting the low bid of $37,790.32 with L.D.P. Construction for New Sidewalk Project 3-1989. J 9097. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No. 454-89 accepting the low bid of $26,522.18 for Wheelchair Ramps for City Bike Routes J 4946. This was submitted by L.D.P. Construction. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 455-89 approving the low bid of $25,953.72 with L.D.P Construction Co. for Project No. 8812-J 9074 Watermain Extension thru the Kellogg Jr. High School Site from the E. end of 17th St. N. E. to 7 112 Aven N: E. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 456-89 establishing $37,500. as just compenAtion for acquisition of property at 322 South Broadway and authorize staff to negotiate terms for the acquisition and use the City's power of condemnation to acquire the parcel ( if necessary to use Condemnation ). Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3355, CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 5, 1989 Agenda Item E-25 Hunziker moved, Strain second to adopt Resolution No. 457-89 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on August 4, 1989 for the Interim Sludge Disposal Plan for the Water Reclamation Plant. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to the Land Sub. providing for the dedication in certain instances of land to the public for Park purposes; or payment of a fee in lieu thereof, in conjunction therewith; amending the RCO Chapter 31 by adding additional sections. This was given its first reading. F-1 Bluhm moved, Hunziker second to adopt Resolution No. 458-89 approving an owner contract for Basic Construction in Northern Heights East Fifth Sub. with Payne Company and Austin P. Keller. Ayes (7),Nays (0).Motion carried. F-1 Solinger moved, Hunziker second to adopt Resolution No. 459-89 approving an owner contract for Basic Construction in Hampton Rhodes -- Schmidt Reiland Construction and Rochester Sand and Gravel. Ayes (7), Nays (0).Motion carried. G-1 The Request for a Franchise./ with Peoples Cooperative Power Associati n was left on the table. G-2 The Final Plat to be known as North Park 4th Sub. was removed from the table upon motion by Canfield and second by Strain. After Council discussion, City Attorney Fred Suhler stated that this plat could be approved if the Council so desired. Mr. Suhler has made a public committment •and adoption of this plat should not hurt his defense with the Public Utility Commission. Strain moved, McConnell second to adopt Resolution No. 460-89 approving the plat. Ayes (6), Nays (1).Motion Carried. Alderman Hunziker voted nay. G-3 Bluhm moved, Strain second to remove the Proposal for Eng. Services for Basic Construction in Cimarron loth Sub. from the table. Ayes (7),Nays (0).Motion carried. Discussion was held by the Council on the status of the electrical service to the area and if Mr. Fred Suhler, City Attorney would have trouble in court if this was adopted. Mr. Suhler stated that we are deprived of arguing this if Peoples Cooperative Power was allowed to furnish electricity in this sub. Wishing to be heard was Bob DeWitz of 602 llth Ave. N. W. He is the dev. and stated that he has months of work before electricity is needed and by that time Mr. Suhler should have information or word back from the PUC. Mr. Suhler agreed that Peoples Cooperative could not go in until after August 7, 1989 and Mr. DeWitz agreed to that date. Having no further discussion, Strain moved, Bluhm second to adopt Resolution No. 461-89 approving this owner contract. Ayes (7), Nays (0).Motion Carried. G-4 Strain moved, McConnell second to remove the Basic Construction in Comarron loth Sub. (Awarding the low bid ) from the table: Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3356 CITY OF ROCHESTER, MINNESOTA Regular Meeting No 3 - duly 5,1989 (Agenda Item G-4 G-5 G-6 Resolution No. 462-89 ordering this project-to.be made. Ayes (7) Nays (0).Motion carried. Bluhm moved,McConnell second to remove the Concept Planned Unit Dev. ( Salem Sound Second ) from the table. Ayes (7), Nays (0). Motion carried. Canfield moved, McConnell second to approve the Concept Statement.for-Salem Sound:' Ayes '(7.),-Nays (0).- Motion carried. Strain moved, McConnell second to remove the bids for Project 8401-10-89 J 9106 - Basic Construction in Cimarron loth Sub. from the table. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to approve the low bid of $282,319.56 to DeWitz Construction subject to this low bidder meeting to specifications. Ayes (7),Nays (0).Motion carried. Resolution No. 463-89 was adopted. Having no further business, Bluhm moved, Hunziker second to adjourn the meeting until 4:30 P.M. on July 10, 1989. Ayes (7), Nays (0).Motion carried. r ity Clerk 1