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HomeMy WebLinkAbout08-21-19893378 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - August 21, 1989 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, Hunziker, McConnell,Solinger and Strain. Absent: None. B-1 A Hearing on the Final Plan for PUD 89-6 to be called Country Club Estates Second., Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 531-89 approving the Final Plan. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Final Plat 89-18 known as Country Club Estates. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 532-89 approving the plat. Ayes (7), Nays (0).Motion carried. Stan Mohn was asked by the Council if a different turn off could be used. Mr. Mohn stated that it could not because of the steep grade. B-3 A Hearing on'the Final Plat of Country Club Estates Second Sub. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 533-89 approving the plat subject to the condition that the plat should not be recorded until such time as the property is rezone to the PUD district. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed assessment of Sidewalk Replacement Project No. 1-1987 J 8987 - Plat 2580 Parcel 22300 and 22400. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No.534-89 approving the assessment. B-5 A Hearing on the proposed project No. 6301-3-89A J 9115 - Sidewalk Reconstruction and Streetscape Impts. in 1st Avenue S. W. adjacent to 201,212,216, & 220 lst Avenue S. W. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Strain second to adopt Resolution No. 535-89 approving the project. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the proposed assessment on Project 6300 N/S-87 J 8859 Broadway Reconstruction from 4th St. South to 4th Street North. Wishing to be heard in opposition was Carl Bainter of C J's Lounge. He stated that his taxes are too high already and he thinks the price is toohigh for the work that was done. Mr. Roger Plumb, City Eng. stated that the payment for this assessment is for Streetscaping not sidewalk. - this includes planters, benches, etc. Wishing to be heard was Paul Kanz of 204 14th St. N. E. and is with the Salvation Army. He wanted to know the status of the Depot House which will be razed for the 5th Street extension and how and how the assessment should be handled. He was advised by City staff that negotiations would be done shortly and that the assessment would be handled. If he was to pay for this then the payment would be taken into consideration. If he was not, then this would also make a diff- erence in dealing with the final price. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3379 Adjourned Meeting No. 8 - August 21, 1989 Agenda Item B-6 Wishing to be heard was Nancy Duxbury of 18 North Broadway. She asked if any part of this assessment was for sidewalk. Mr. Plumb stated tha there was not. Having no one else present that wished to be heard, President Selby closed the hearing. It is noted that a letter was received in opposition from Chuck Hicke of Chuck's Tires. He would like Public Services to look at his assess ment again. It is so noted and Public Services will check out this letter. Alderman Solinger stated that this is a real good price to pay for all the work that was done. It was noted by Alderman Solinger that State, Federal and City shared in the cost of this project. Hunziker moved, Canfield second to adopt Resolution No. 536-89 accepting the assessments. Ayes (7),Nays (0).Motion carried. B-7 A Hearing on the Variance request 89-27 by Kraus -Anderson to vary the level of flood proofing required at the Northbrook Shopping Center. Wishing to be heard was Dennis Diessner of 1705 Victory Lane Burnsville, Mn. with Kraus Anderson who is the owner/dev. He urged the Council to approve this and was present for any questions the Council may have. Also present was Len Kramer of Barr Eng. 7803 Lenmore Lane Bloomington and was also present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Canfield second to adopt Resolution No. 537-89 approving the variance. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on the City Council initiated Zone Change request 89-7 to amend the Floodway Width on the Zumbro River in the area located adjacent to the North side of the Wastewater Treatment Plant. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, McConnell second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. A-1 McConnell moved, Canfield second to approve the minutes of the August 7, 1989 meeting. Ayes (7), Nays (0).Motion carried. C-1 Hunziker moved, Bluhm second to approve the Mayors Appointments to the Police Civil Service Commission of Arnold J. Hill of 831 9th Avenue S. W. Term to run until April 1, 1992. Ayes (7), Nays (0).Motion carried. C-2 Bluhm moved, Canfield second to approve the appointment by Mayor Hazama of James R. Carlson of 932 10 1/2 St. S. W. to the Public Utility Board - term to end June, 1993. Ayes (7), Nays (0).Motion carried. 3380 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - August 21, 1989 Agenda Item Solinger moved, Strain second to approve the following appointments C-3 to the Human Rights Commission: Donald Twentyman of 2015 41st St. N. W. - term May 1, 1991 Anne Schoonover 2528 18th Ave. N. W. Term - May 1, 1991 Kathleen A. Oliveto-Needham of 18051/2 48th St. N. W. Term May 1,1991 LeeRoy Parks 325 27th St. N. E. Term to May 1, 1992 Dr. Anthony Sinkiewicz of 2856 Chesapeake Lane N. W. Term -May 1,1991 Ayes (7), Nays (0).Motion carried. C-4 Bluhm moved, McConnell second to approve the Mayor's apointment to th Downtown Dev. Adv. Board of Jack Van Sickle of 2405 23rd St. N. W. Term to run to Dec. 31, 1991. Ayes (7), Nays (0).Motion carried. C-5 Solinger moved, Strain second to approve the appointment by Mayor Hazama to the Planning and Zoning Commission of Roy S. Rogers 1101 7th Avenue S. W. Term to run to December 1990. Ayes (7),Nays (0).Motion carried. C-6 Bluhm moved, McConnell second to approve the following members to the Zoning Board of Appeals: Randy D. Peterson of 2108 21st Ave.N.W. term-9-1-92 Charles Lancaster of 2531 13th Ave. N. W. Term-9-1-92 Grald Pestaka -611 19th St. S. E. Term-9-1-92 Paul Bucher of 1846 19th St. N W. will fill the vacancy of Dorothy Combs who served for two terms. His term will expire 9-1-92 Ayes (7), Nays (0).Motion carried. C-7 Canfield moved, Hunziker second to approve the appointments by Mayor Hazama to the Historic Preservation Committee as follows: Randy Staver of 819 Northland Lane N. E. and Florence M. Schubert of 1931 Greenfield Lane S. W. Ayes (7), Nays (0).Motion carried. C-8 Solinger moved, Bluhm second to approve the following appointments on the Cable Adv. Committee. Robert R. Landes of 1734 22nd Avenue N.E. Term to run to Dec. 31, 1991 and Reappoint Dr. Verlyn Heldt of 1234 19th Avenue N. E. to Dec. 31, 1991. Ayes (7), Nays (0).Motion carried. C-9 Hunziker moved, Strain second to approve the following appointments to the International Affairs Committee. This is made by Mayor Hazama Jan Blattner of 1602 Meadow Circle S. E.; Myrna Lundquist of 1412 8thi Avenue N. E. and Stewart Lewis of 5329 Howard St. N.W. Ayes (7), Nays (0).Motion carried. C-10 McConnell moved, Canfield second to approve the following appointment by Mayor Hazama to the Energy Action Committee: Carl Anderson, Jr. of 624 9th Avenue S. W. and Norman Erickson of 6230 34th Avenue N. W. Ayes (7), Nays (0).Motion carried. D-1 Bluhm moved, Canfield second to adopt Resolution No. 538-89 referring the petition for Watermain Ext. to serve Vogel Adv. along West Frontage Road TH 52 North from 2nd St. N. W. to serve Voge to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. I 1 Agenda Item E-1 E-2 E-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3381 Adjourned Meeting No. 8 - August 21, 1989 Discussion was held by the Council on the 51% increase in skyway signage design contract. The amount will rise from the contract amount of $13,380. and the increase would bring this to $20,255.22. Doug Knot, Dev. Dist. Adv. stated that he was not in favor of the 51% increase and would advise that the increase for additional work on signage be left at 25%. He stated that the additional work done on the re -bid should not be included. Wishing to be heard was Mr. Robert Fleming of Fleming Design Office, Inc. and stated that the work was necessary and 51% is the amount he is submitting for approval. He stated that work done on the subway , rebidding and reimbursibles add to this 51%. He stated that precise computer connections were needed on the subway levels and that no one job is alike. He feels good about this new total and feels that he has done the job and would like to be paid for it. After further Council discussion, Alderman McConnell is in favor of the 25% as advised by Mr. Knott. Bluhm moved, Hunziker second to pay the entire 51% of $20,255.22. Ayes (6), Nays (1). Alderman McConnell voted nay. Motion carried. Hunziker moved, Strain second to approve the following licenses & bon Request for a Master Installer - Heating, Vent. and Air -fond. received frorp Paul J. Ronnenberg of Byron, Mn. and James R. McCarthy DBA as General Sheet Metal Mpls. Mn. Request for an Auction Permit from Hiawatha Homes Foundation on November 21, 1989 at the Mayo Civic Center to sell Christmas Trees, etc. Request for a Sewer & Drain License from Tom Connaughty Construction Company of Eyota, Mn. Request from the Minnesota Waterfowl Assoc. of Mpls, Mn. for a Temp. Gambling License for a raffle at the Elks Club on Oct. 19, 1989. Request received from Kenneth Smidt DBA Smidt Sheet Metal and Roofing Co. Roch. Mn. for a Heating , Vent. and Aid Cond. Contractors, License. Request received from Soma Construction Co. Roch. Mn..for Progressive Movers for moving a house sometime the end of Aug. 1989. Houses to be moved are at 508 and 512 14th Avenue S. W. to be moved to Mantorvi' Mn. Ayes (7), Nays (0).motion carried. Hunziker moved, Bluhm second to approve the request to transfer the Off -Sale Liquor license for B & F Leasing, Incorporated DBA Eastwood Liquor to the new ownership of Michael and Steven Birdseye and Barbara and John Jensen effective immediately. This is located at 1513 12th St. S. E. Ayes (7), Nays (0).Motion carried. Is: e 3382 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-4 E-5 E-6 E-7 E-9 E-10 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - August 21, 1989 McConnell moved, Bluhm second to approve the following request: Walk-A-Thon on Sept. 23, 1989 from the Civitan Special Events for Missing Children. This is from Soldiers Field to Mayowood. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the Accounts Payable in the amount of $1,645,409.54. List on file with the City Clerk. Ayes (7),.Nays (0).Motion carried. Hunziker moved, Solinger second to table the request for a Preliminar Plat known as Bandel Hills Fourth. Ayes (7), Nasy (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 539-89 approving the awarding of the low bid to Enviro-Gro Technologies in the amount of $862,042.00 for Sludge stabilization and disposal -lime stabilization of sludge exceeding the existing capacity of anaerobic digesters. Alderman Hunziker questioned who would accept liability in case this does not work. He was told that the City would have certain liability. This is an unknown answer. Present to answer questions was Marvin Skodj,e of the Water Reclamatioi Plant. Mr. Skodj,e said that this contract is as tight as any City can make a contract. If we don't do the stabilization we would be liable. Ayes (7),Nays (0).Motion carried. Discussion was held on the request for a driveway width expansion on 14th Avenue S. W. over 28' in width. Kent Sandren of St. Mary's Hospital was present and urged the Council to approve the 40 foot wide driveway. He said that by using this widened driveway, traffic could flow faster and would be better for the employees as well as general street traffic. He would have two lanes in and 2 lanes out. He wants to get traffic off 14th and into their own property. Alderman Canfield stated that he sees no reason for this to be over 28' and he said that a wider driveway would back up traffic and only encourage the cars to go down 6th St. and he is against that happeni He said that the neighbors are not expecting such a large drive and he is against this request. Having no further discussion, Solinger moved, McConnell second to approve a 40 foot drive width. Ayes (6),Nays (1). Alderman Canfield voted nay. Motion carried. Canfield moved, Strain second to adopt Resolution No. 540-89 modifying Para (228.5) of Sec. B No Parking Zones to read: (228.5) 21st Ave. S. W. on the W. side from 3rd St. to 5th St. at all times. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the request to reapportion Assessments in Baihly Woodland 8th Sub. to 34 lots platted as Baihly Woodland 8th Sub. This' -will be at a rate of $1,942.085 per lot. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 33843 Adjourned Meeting No. 8 - August 21 1989 Agenda Item E-11 Solinger moved, Hunziker second to adopt Resolution No. 541-89 awarding the low bid to Doyle Conner Company in -the amount of $58,933.00 for Project 6301-3-89A J 9115 - Streetscape Improvemetls adjacent to 201, 212, 216 and 220 1st Avenue S. W. Ayes (7),Nays (0). Motion carried. E-12 McConnell moved, Solinger second to adopt Resolution No. 542-89 awarding the low bid of $44,597.50 submitted by Road Constructors Inc. for Project 6207-4-88 J 6352 Widening and Resurfacing 7th:-St. N. W. at Trunk Highway No. 14. Ayes (7), Nays (0).Motion carried. E-13 Bluhm moved, Hunziker second to adopt Resolutions No. 543-89 and 544-89 setting a hearing for September 18, 1989 on the Deferred Assessment for Project 6505-71 J 8358 - San. Sewer and Watermain Extensions to serve-R.E.A. ( Peoples Coop Power ) Site. This is in the amt. of $2,947.24: Ayes (7), Nays (0).Motion carried. E-14 Bluhm moved, Strain second to adopt Resolution No. 545-89 and 546-89 declaring the costs to be assessed and ordering a hearing to be held on Sept. 18, 1989 on New Sidewalk Project 4- & 5 J 9043. Ayes (7), Nays (0).Motion carried. E-15 Strain moved, Canfield second to adopt Resolution No. 547-89 and 548-89 declaring the costs to be assessed and ordering a hearing to be held on Sept. 18, 1989 on Project 6505-88 J 9053 - Sanitary Sewer and Watermain in 36th Avenue S. E. from Center Sec 5 to 400 Ft. North. Ayes (7), Nays (0).Motion carried. E-16 Solinger moved, McConnell second to cons=ider-an-orddinance,iwhich requests proceeding with the street number changes as follows: Change 43rd Ave. N. W. in No. Park 4th Sub. to 44th Ave. N. W. Change 25th St. N. E. in Glendale Sub. oo 26th St. N. E. Change 13th Avenue Lane N. E. in Glendale 1st Replat to 9th Ave. Lane N. E. The City Attorney is instructed to prepare an Ordinance for ado tion. Ayes (7), Nays (0).Motion carried. E-17 McConnell moved, Hunziker second to adopt Resolution No. 550-89 authorizing payment for extra work covered by Supplemental Agreement No. 1 for Project No. 8801 J 9024 Sanitary Sewer to serve Bamber Valley Schoo. This is in the amount of $25,950 to cover extra work that was needed to be done. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to Zoning; providing for the Redesignation of lands designated as Floodway to a designation as Flood Fringe amend. Ord. No. 1659 was given its first reading. F-1 An Ordinance Rezoning certain property to PUD -R-97 in Country Club Estates Second was given its first reading. F-1 _ An Ordinance relating to the amendment to Peddler and Solicitor Ordinance providing for certain additional information to be provided at the time the application is being filled out is given its second reading. Strain moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3384 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 8 - August 21, 1989 Agenda Item F-1 F-1 F-1 F-1 F-1 An Ordinance relating to the Animal Control Ordinance providing for a three year rabie certificate to coordinate with a three year animal license was given its second reading. "Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to the Control of the discharge and Transportat of Weapons; providing penaties ; amending the Roch. Code of Ord. 85.1, was given its second reading . Solinger moved, Canfield second to delete the section eliminating the discharge of B B guns and allow them to be used in -the City. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt the Ordinance as amended. This was given a second reading as amended. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning property to M-1 Light Ind. on portions of Lots 3 and 4 Blk 2 Garden Acres was given its second reading. Bluhm moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 551-89 approvin an owner contract for Street Construction, Watermain, Storm Sewer and service connections in 37th Street Business Park; Donald L. Shreve; Fine Shelter Realty. Ayes (7), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 552-89 approving an owner contract for Sanitary Sewer along the North side of CSAH No. 22 - Northern Valley Drive to 700 Ft. East, plus Hydrant at Alberta Drive; Don Kruger, Elcor Construction Company. Ayes (7), Nays (0).Motion carried. Having no further business, Hunziker moved, Strain second to adjourn the meeting. Ayes (7), Nays (0).Motion rried.� City Clerk Information 8-21-89 1. Notice of Claim -Leone Thompson - Ref. City Attorney and Finance 2. Notices of Appeal of Sepcial Assessments - Ref. to City Attorney and Finance Dept. ion