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HomeMy WebLinkAbout09-06-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell and Solinger. Absent: Alderman Strain. NOTE: THIS MEETING WAS HELD ON WEDNESDAY, SEPT.'6, 1989. Canfield moved, Bluhm second to approve the minutes of the August 21, 1989 meeting. Ayes (6), Nays (0).Motion carried. B-1 A Hearing on the Final Plat of Wilmar Second Subdivision located along North Broadway North of Northern Lights. Having no one present that wished to be heard, President Selby closed the hearing. Solinge� moved, Canfield second to adopt Resolution No. 553-89 approving the plat. Ayes (6), Nays (0).Motion carried. B-2 A Hearing on the Petition to vacate a utility easement in Rolling Meadows Sub. Wishing to be heard was Ron Baihly of Yaggy Colby Inc. and stated that Rochester Public Utility had reviewed the site and wished to have a couple of additional easements on this area. Mr. Baihly is to work out the details with the City Attorney. Having no one else present that wished to be heard, President Selby closed the heari.ng. Canfield moved, McConnell second to adopt Resolution No. 554-89 approving the vacation. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the City Planning Commission Initiated Text Amendment for Corner Lots. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, McConnell second to approve the amendment and instruct the City Attorney to prepare an ordinance for adoption. Alderman Solinger stated that since the new manual is about to be brought before the Council on planning methods, why are they doing this now? Mr. Terry Spaeth of the Plannini, Dept. stated that this was initiated by the Planning and Zoning Commission and they wanted to do this corner lot change now. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Expansion of John Marshall Parking Zone in Goodings Addition. Wishing to be heard was Vicky Wagner of 1002 13th Avenue N. W. and is in favor of this. Wishing to be heard was Brian Gragun of 910 12th Avenue N. W. and wondered if this would be a renewable type of change or if it would be a long-lasting change. Mr. Dave Rossman of the Public Services Traffic Div. stated that parking in the area is a one year permit with renewals after that time. The designated area would probably be a long term change. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Solinger second to approve the change and adopt Resolution No. 555-89. Ayes (6), Nays (0).Motion carried. B-5 A Hearing on the proposed project 6305-4-89 J 9081 - Grading and Paving, Street Widening and Resurfacing, Concrete Curb and Gutter and Storm Sewer on 1st St. N. W. from 4th Avenue to 6th Avenue N. W. and on 5th Avenue N. W. from Center Street to lst St. N. W. Wishing to be heard was Duane Midtke represented the Mayo Clinic. He urged th Council to approve this. It is needed to accommodate the parki.ng ramp 3385 3386 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item that is being built. Wishing to be heard was Dorothy Ka.ppler of 15 4th Avenue N. W. and she is opposed to this project. She stated that they should pay for something that isn't going to help them. Mr. Roger Plumb, Public Services Dir. stated that the curb and gutte, is in bad shape that that this is being replaced because of that reason, not because the ramp is being built.Asphalt overlay would be put in between 4th and 5th Avenue and the City pays for that. She would only have to pay for the curb and gutter which needs replacing Ms. Kappler stated that this area is torn up a lot and wonders why the City can't do all the work at the same time. President Selby commented that it is hard to anticipate development projects and what improverre rts are needed for each project. Ms. Kappler wanted the costs explained to.her. Mr. Roger Plumb gave ner estimatea rigures. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Solinger wondered if the costs could be shared by the Mayo Clinic to a greater extent since it is their ramp. Mr. Plumb stated that the Mayo Clinic is paying a higher cost for some things. Mr. Plumb stated that the street was in poor condition and the curb and gutter was all broken and that this should be replaced. He also stated that 30'wide streets are for limited residential streets. Alderman Soinger moved to table this until a new assessment formula could be established. This lacked a second and was not acted upon. Alderman Solinger stated that he did not believe that this project should be treated any different than a project which is treated as "development" Then in that case, the developer pays for a great share to all of the costs. Alderman Bluhm stated that he thinks Alderman Solinger has brought up a good point. Fred Suhler,City Attorney stated that he had a problem with changing the assessment procedure. He stated that it would be hard to explain why the assessment is higher for one property owner than another. Gary Neuman, Assistant City Adm. suggested that perhaps to table this would be a good idea and some of these concerns would be looked into. Alderman Hunziker reminded the Council that in certain areas of town where it seemed advantageous to have the City pick up the costs of the overlay -Grading and Surfacing- now has come back to haunt the Council. He believes that everyone should be treated equal no matter what part of the City they come from. McConnell asked Mr. Plumb if the Grading and Surfacing included street widening. Mr. Plumb stated that it did and that the Clinic is picking up 50% of the costs. Alderman Solinger moved to table this until a new formula can be worked out. This was second by Alderman Bluhm. Alderman Hunziker was not in favor of the word formula and wanted Alderman Solinger to explain why this project should be treated any different then the rest of the projects that the City has done. Alderman Solinger stated that since the street is 30 feet and the additional 6 feet are needed for the ramp, he would like to see the costs of the add- itional 6 feet so that maybe the Clinic could pick up that part of the assessment. Mr. Plumb did not know how much that would be at 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item B-5 this meeting. Alderman Hunziker stated that he is still concerned about the wording of this.motion. Alderman,Bluhm stated that he second the motion because, he too, wanted to see the breakdown of the costs of the additional.-6 fee,t.of street widening. Mr. Midtke of the Mayo Clinic stated that they would be happy to sit down and talk further about the costs of this project. But, Mr. Midtke reminded the Council that they are also taking care of 2,500 cars.and storing them in this ramp. The City does not have be concerned about that parking problem. Vote was taken at this time on the motion to table until a new formula can be worked out. Ayes (4), Nays (2). Roll call vote was requested. Aldermen Bluhm, McConnell Solinger and President Selby voted aye. Ayes (4). Aldermen Hunziker and Canfield.voted nay. Nays (2). Motion carried. B-6 A Hearing on the proposed assessment on the Project 6921-88 J 9011 Street Resurfacing, Curb and Gutter on Northern Hills Drive N. E. from North Broadway to the East Line Northern Hills Sub. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 556-8� accepting the assessments. Ayes(6), Nays (0).Motion carried. B-7 A Hearing on the Proposed assessments on Project 8710-13-9007 Watermain Extension to serve Wimbledon Hills PUD. Wishing to be heard on this matter and also will be referring to Item B-8 was Dennis Peterson developer of Wimbledon Hills. He wondered how long the assessments could run if he could not pay for them at this time. He was told 10 years. He also wondered if the improvements were put into undeveloped property and if he would have to pay for that at that time. He was told that they were put into the development an( that all costs were included in this assessment. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 557-89 accepting the assessments. Ayes (6), Nays (0). Motion carried. B-8 A Hearing on the proposed assessment on Project No. 8710-A J 9006. Sanitary Sewer Extension to serve Wimbledon Hills PUD. Having the questions answered in the above hearing B-7, Dennis Peterson did not speak at this time. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 558-89 accepting the assess- ments. Ayes (6), Nays (0).Motion carried. E-1 Solinger moved, Bluhm second to approve the following requests from the Coalition of Greater Minnesota Cities: 1. Accept the By -Laws Amendment - this changes the name as stated above 2. Approves the special assessment payment of $12,753.00.This is needed because of extra work done on the Tax Reform proposals. This amt. of 20 cents per capita will be paid by each member of the coalition: Ayes (6), Nays (0).motion carried. L RECORD �OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989. Agenda Item E-2 Hunziker moved, McConnell second to instruct the City Administrator to prepare an annexation petition for properties adjacent to East River Road and North Broadway. These are completely surrounded by the City boundaries. Ayes (6), Nays (0).Motion carried. E-3 Solinger moved, Bluhm second to establish the current water availability charge for those portions of the developed areas of Seneca property at $11,000. with future water service availability charges being levied when additional property is developed. Ayes (5),Nays (1).Motion carried. Alderman McConnell voted nay. E-4 Bluhm moved, Hunziker second to approve the Resolution adopted by the Park Board recommending the F.E. Williams fund policy to maintaii a minimum balance of $200,000 in the fund at all times. Ayes (6), Nays (0).Motion carried. E-5 Hunziker moved, McConnell second to approve the Minority Business Enterprise Plan for Community Development Block Grant Program. Ayes (6), Nays (0).Motion carried. E-6 Hunziker moved, Bluhm second to reject the bids that were submitted for the Rochester Art Center Elevators and Toilet Room Addition Proj( TSP/ADG 89011. The bids needed corrections in the specifications. Ayes (6), Nays (0).Motion carried. New bids were ordered to be made. E-7 Solinger moved,. Hunziker second to approve the Change Order No. 1 in the amount of $523.00 and authorize the Mayor and City Clerk to execute the change order. This is for additional equipment and ceiling tile for the Rochester City Hall, Civic Music and Data Processing remodeling. Ayes (6), Nays (0).Motion carried. E-8 Bluhm moved, Hunziker second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 559-89 approving a contract agreement with Millerberni Mfg. Co. for roadway lighting standards in the amount of $57,344.00 Resolution No. 560-89 approving a request for the City to enter into a contract agreement with Ziegler Painting and Sandblasting for SLP Painting 1989 in the amount of $27,727.00. Ayes (6), Nays (0).Motion carried. E-9 Hunziker moved, Canfield second to approve the request from the Minn. Society of Gastrointestinal Nurses Assoc. of the Mayo Clinic for a raffle at the Radisson Hotel Centerplace on Oct. 7, 1989. The 60 day waiting period is waived. Ayes (5), Nays (1). Alderman McConnell voted nay because he felt that this money received was not spent for a worthwhile charity. E-9A Bluhm moved, Hunziker second to approve the following Miscellaneous Activities: R 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3389 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item E-9A I Request from the Kiwanis Club of Rochester for the annual Peanut Day on Tuesday September 12, 1989.from 7:30 A.M. until 7:00 P.M. Request received from The United Way of Olmsted Co. for a Mini Parade on Sept. 19, 1989 from 8:20 A.M. until 9:30 A.M. The parade will leave Kahler and proceed east on 2nd St. S. W. to the inter- section of Broadway and 2nd St. Request for Take Back the Night from Carey Hostad on Sept. 16, 1989 from 7:45 P.M. to 8:30 P.M. thru the streets of downtown Rochester. Ayes (6), Nays (0).Motion carried. E-10 Solinger moved, Canfield second to approve the transfer of the On - Sale Intoxicating Liquor and Sunday Liquor from Villa Foods Inc. to Christenson Food and Mercantile Company DBA Edwardo's 530 llth Avenue N. W. This is contingent on the taxes and all other utilities being paid. Ayes (6), Nays (0).Motion carried. E-11 Bluhm moved, Hunziker second to approve the transfer of the On - Sale Intoxicating and Sunday Liquor Licenses from the former Nanking Rest. to Long Ho Vietnamese Restaurant Inc. effective Sept. 6, 1989. This is located at 1505 Highway 14 East. Ayes (6), Nays (0).Motion carried. E-12 McConnell moved,.Canfield second to approve the Accounts Payable in the amount of $1,512,678.10. List on file with the City Clerk. Ayes (6), Nays (0).Motion carried. E-13 Bluhm moved, McConnell second to adopt Resolution No. 561-89 awardinc the low bid of Hawkins Chemical in the amount of $188.30 per ton for Ferric Chloride for the Water Reclamation Plant. Ayes (6), Nays (0).Motion carried. E-14 Canfield moved, McConnell second to adopt Resolution No. 562-89 approving the low bid of Hawkins Chemical in the amount of $1.12 per gallon for one year's supply of liquid caustic soda for the Water Reclamation Plant. Ayes (6), Nays (0).Motion carried. Alderman Solinger left the room. E-15 Bluhm moved, Hunziker second to approve the annexation request of 17.53 acres of land located adjacent to Baihly Heights Area located immediately off the westerly end of Folwell Drive S. W. in Baihly Heights Subdivision. The City Attorney is instructed to prepare an ordinance for adoption. Ayes (5), Nays (0).Motion carried. E-16 McConnell moved. Bluhm second to approve the annexation request of IE 18.83 acres of land located directly south of the end of 19th Avenue S. W. in Baihly Heights 4th Sub. The City Attorney is directed to prepare an ordinance for adoption. Ayes (5), Nays (0).Motion carried. 91 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3390 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item E-17 E-18 E-19 E-20 E-21 E-22 E-23 Bluhm moved, Canfield second to approve the Final Plat of L.C. Industrial Park location in the NE 1/4 NE 1/4 of Sec. 10, High Forwest Township in the Willow Creek Sewer Dist. The Common Council acknowledges receipt of the plat for review and waives the 60 day comment period established in the Willow Creek Sewer District Agreement. Ayes (5), Nays (0).Motion carried. Alderman Solinger came back into the Council room. President Selby stepped down from the Chair due to conflict of interest.Solinger pre! The Prelminary Plat of Viking Hills Fourth Subdivision was presented to the Council. Rick Hexum , Dev. of Viking Hills was present and stated that a letter had been sent to the City Adm. from the Public Services Dir. stating that the water service availability charge vor Viking Hills 2nd and 3rd Sub. has not been paid. The amounts are $8,932 on Viking Hills 2nd and $10,076 on Viking Hills 3rd and for Viking Hills 4th would be approx. $9,350. This is not including the interest. Mr. Hexum stated that he would pay the City Attorney 9-7-89 for these charges. Having further Council discussion on the easemetns and the methods of handling this plat, it was suggested that this should be tabled in order to work out details. If Mr. Hexum gave the City and easement for a road, then this matter could be handled with an owner contract. Hunziker moved, Canfield second to table this for the details to be worked out. Ayes (5), Nays (0).Motion carried. President Selby resumed the position as Chair. McConnell moved, Hunziker second to approve the Cash -Management Agreement and General Depository Agreement of the Housing and Redevelopment Authority of the City of Rochester, Mn. Ayes (6), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the following change in the Assessment policy to provide that asphalt overlays will not be assessed. This will replace Section II, A, 3,b. Ayes (6), Nays (0).Motion carried. McCOnnell moved, Bluhm second adopt Resolution No. 563-89 approving the Preliminary layout for the 55th St. N. W. interchange with TH 52. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 564-89 approving Olmsted County's designation of 4th Street S. E. from 13th Avenue S. E. to 19th Avenue S. E. as a County State Aid Highways. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 565-89 approving the Parking Study of Zumbro Dr. N. W. by adding para. 270 to Sec. B No Parking Zones as follows: Zumbro Dr. N. W. on the North side from West River Parkway to 4thAvenue N. W. at all times. Ayes (6), Nays (0).Motion carried. ,i ded. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - Sept. 6, 1989 Agenda Item E-24 McConnell moved, Canfield second to adopt Resolution No. 566-89 adding Para 1.5 to the Sec. D Truck Loading.Zones in alley by Laitala Tile on 119 North Broadway as follows: In the alley behind 119 North Broadway (Laitala Tile ) one stall between 7:00 A.M. and 5:00 P.M. Monday thru Sat. Ayes (6), Nays (0).Motion carried. E-25 Bluhm moved, Solinger second to adopt Resolution No. 567-89 approving the parking request for 16th St. llth Ave to the East. as follows (217.5 ) of Sec. B No Parking Zones 16th St.S. E. on both sides from llth Avenue east to the dead-end , 7:00 A.M. to 5:00 P.M. School Days only. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance relating to zoning; providing for the placement of Accessory Buildings on corner lots in a residential district, clarifying the definition of the term "rear lot line"; amending the Rochester Code of Ordinances, Chapter 62 by adding a Sec. amending the RCO 60.450.-, This was given its first reading. F-1 An Ordinance Annexing to the City of Rochester, Minnesota approx. 17. acres of land in the West half of the SW 1/4 of Sec. 3, Rochester Township - Baihly Woodland was given its first reading. F-1 An Ordinance relating to Street names; renaming certain streets platted in North Park Fourth; Glendale and Glendale First Replat Sub. Amending the RCO Sec. 75.01 This was given its first reading. F-1 An Ordinance Annexing to the City of Rochester approximately 18.83 acres of land in the SE 1/4 of SW 1/4 of Sec. 9 and the NW 1/4 of Section 9, and the NW 1/4 of the NE 1/4 of the NW 1/4 of Sec 10 Rochester Township was given its first reading. F-1 An Ordinance relating to Alcoholic Beverages; Relating to bonds Repealing the Requirement that a licensee be bonded Repealing 1 the Provisions of R.C.O. and 125A.09. This was given its second / reading. Bluhm moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 Solinger moved, Bluhm second to adopt Resolution No. 568-89 approving the owner contract for Basic Construction in Country Club Estates and San. Sewer and Watermain in Country Club Estates 2nd Sub.; Stan Mohn and Elcor Construction Co. Ayes (6), Nays (0). Motion carried. G-1 Canfield moved, Hunziker second to Remove the Metes and Bounds Conveyance by Jack Prow from the table. Canfield moved, Bluhm second to approve this conveyance and adopt Resolution No. 569-89. Ayes (6), Nays (0).Motion carried. G-2 Bluhm moved, Hunziker second to remove the proposed assessment for Project 8605-J 8936 -8605A J 8963 - San. Sewer Ext. to Aspen Townhomes and others; also Watermain Ext. alg 2nd St. S. W. from 23 Avenue S. W. to 450' West from the table. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 570- 53 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3392 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 6, 1989 Agenda Item G-2 G-3 G-4 accepting the assessments. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker second to remove the Request of Dorothy Day House for Kitchen Equipment from the table. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to deny the request. They do not need this at this time. Ayes (6), Nays (0). Motion carried. Hunziker moved, Solinger second to remove the Request of Kahler Corp- oration for revocable permit from the table. Ayes (6), Nays (0).Motioi carried. Hunziker moved, Bluhm second to deny the request. Ayes (6), Nays (0).Motion carried. Having no further business, Hunziker moved, Solinger second to adjou the meeting. Ayes (6), Nays (0).Motion carried. City Clerk Information - .Notice of Dismissal of Assessment Appeal - Jim and Mary Adams - R.ef. City Attorney and Finance, Public Services and City Adm. .Letter from Attorney representing Lowell and Darlene Penz RE: Salem Point. - Ref. City Attorney, Finance and Public Services Dept. 3. Letter from Michael Schlasner - RE: Non -payment. -of Conciliation Court Award - Ref. City Attorney and Finance Dept. ( This matter has been taken care of.) Committee of the Whol Meeting minutes from August 21, 1989 and August 28, 1989. 1