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HomeMy WebLinkAbout10-02-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL n CITY OF ROCHESTER, MINNESOTA 43;a99 Regular Meeting No. 11 - October 2, 1989 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Canfield, Hunziker, McConnell, Solinger and Strain. Absent: Alderman Bluhm. McConnell moved, Strain second to approve the minutes of the Septembe 18, 1989 meeting. Ayes (6), Nays (0).Motion carried. C-1 McConnell moved, Solinger second to approve the appointment of Steven J. Schmidt to the position of General Manager in the Civic Music Dept of the City of Rochester. This is effective Oct. 2, 1989 and has an annual salary of $38,655.00. Ayes (6), Nays (0). Motion carried. C-2 McConnell moved, Solinger second to approve the appointment by the Mayor of James A. Stromberg to the position of Police Officer in the Rochester Police Dept. effective October 16, 1989. Ayes (6), Nays (0).Motion carried. E=1 Solinger moved, Canfield second to instruct the City Attorney to present an ordinance on amendments to the Pawnbrokers Ordinance. This amendment covers pawnbrokers only. It contains such things as fee - bond requirements, and daily reports, etc. Ayes (6),Nays (0). Motion carried. E-2 Canfield moved, Solinger second to approve the request from the Rochester Innkeepers Assoc to allow 1:00 A.M. sales for Intoxicating Liquor sales on January 1, 1990. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker second to approve the request for 1:00 A.M. sales of Intoxicating liquors on all Sundays. After Council discussion, vote was taken. Ayes (6), Nays (0).Motion carried. This change was in keeping with the State Law -revised by legislature in 1989 allowing this later sale time. E-3 Hunziker moved, Strain second to adopt Resolution No. 596-89 authorizing the submission of the funding application from the State of Minnesota for Recreation Center Improvements. This is in the amount of $1,900.00. Ayes (6), Nays (0).Motion carried. E-4 Hunziker moved, McConnell second to adopt Resolution No. 597-89 supporting the application of Rochester Radio to the Initiative Fund/Challenge Grant Loan Program. This is a loan of $40,225.00 This is located at 609 First Avenue S. W. Total cost of this expan- sion is $80,450.00. Upon Roll call vote, Aldermen Canfield, Hunziker, McConnell and President Selby voted aye. Ayes .(4), Alderment Solinger and Strain voted nay. Nays (2). Motion carried. E-5 Canfield moved, Strain second to approve the amendments to the By - Laws to National League of Cities and authorize the Mayor to execute the NLC ballot indicating the City's approval. Ayes (6), Nays (0). Motion carried. . 34100 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Re4ular Meeting No. 11 - October 2, 1989 Agenda Item E-6 Hunziker moved, Strain second to approve the reappropriation of $20,000 in CDBG flood control funds to HRA Rehabilitation_:p.rogram. Ayes (6), Nays (0).Motion carried. E-7 Hunziker moved, McConnell second to adopt Resolution No. 598-89 approving the additional $5,500. in future construction funding for the Art Center accessibility project and award the project to the low bidder of Boorman Construction Inc. of Owatonna. Ayes (6), Nays (0).Motion carried. E-8 This item will be heard at the evening meeting. E-9 Strain moved, Solinger second to adopt Resolution No. 599-89 ordering the project to be made and ordering bids to be received at 11:00 A.M. on November 1, 1989 for the Site Work for Southeastern Minnesota Center for Independent Living (SEMCIL) Housing -project. Ayes (6), Nays (0).Motion carried. E-10 McConnell moved; Solinger second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 600-89 declaring the week of October 8-14 be designed Public Power Week in Rochester, Minnesota in order to honor the utility, its employees and consumer owners. Resolution No. 601-89 approving the revised conditions of service under which the Public Utility Dept. will install interconnected electrical facilities and sell power and energy to the expanded Water Reclamation Plant of Public Service Dept. Ayes (6), Nays (0). Motion carried. E-11 Solinger moved, Hunziker second to approve the following licenses and bonds: Request from Progressive Movers of Rochester, Mn. to move a house from 4th Avenue S. E. to 3rd Avenue S. E. to 9th St. S. E.to Broadway and Hwy 14 W eventually ending up in Dodge Center. This will take place on or about October 12, 1989. Ayes (6), Nays (0).Motion carried. E-12 Canfield moved, Hunziker second to approve the following Misc. activities: Request from the Mayo High School to hold their homecoming parade on October 13, 1989 beginning at Soldiers Field and ending up at Central Park. Request from the Rochester Track Club for a 7 mile race on Nov. 4, 1989. Ayes (6), Nays (0).Motion carried. E-13 Solinger moved, McConnell second to adopt Resolution No. 602-89 setting a hearing date for the Weed Eradication Assessments for Oct. 16, 1989. Ayes (6), Nays (0).Motion carried. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL01 CITY OF ROCHESTER, MINNESOTA Regular Meeting 11 - October 2, 1989 Agenda Item E-14 McConnell moved, Solinger second to adopt Resolution No. 603-89 setting a hearing date for October 16, 1989 on the Tree Removal Assessments. Ayes (6), Nays (0).Motion carried. E-15 Solinger moved, Canfield second to approve the Accounts Payable in the amount of $2,000,378.88 -list on file with the City Clerk. Ayes (6), Nays (0).Motion carried. E-16 Solinger moved, McConnell second to adopt Resolution No. 604-89 authorizing the City Clerk to advertise for bids on October 25, 1989 for gasoline and diesel fuel at gasoline stations for the Police and Fire Dept. for the City of Rochester. Ayes (6), Nays (0).Motion carried. E-17 Canfield moved, Hunziker second to change the Park Dedication Ordinance to allow for acceptance of engineered slopes which is listed in Section 6,31,38 - Min. Standard for Land Dedication. This is upon review by the Superintendent of the Park and Recreation Dept. with the final review by the Common Council. Ayes (6), Nays (0).Motion carried. E-18 E-19 Strain moved, McConnell second to approve the recommendation of the Planning and Zoning Commission to proceed to annex any or all of the four areas that are totally surrounded by the City of Roch. These are generally described as the Geselle properties and the Rive, view Subdivisions and vacant land on the west side of East River Rd. the Morris Sub. on 31 and 32nd St. west of Bdwy and Postier and Egger', and Helgerson property at 37th St. and TH 63. The City Eng. is requested:`to provide legal descriptions of the properties under consideration. Ayes (6), Nays (0).Motion carried. Res.604A-89 was adopted. Solinger moved, Strain second to approve the designation of lands in Section A for inclusion in the Rural Service District. The following lands are to be included: 179.82 acres located in the area around Bamber Valley School.. 37.55 acres in Cimarron area 180 acres in the Institute Hills area 34.35 acres in the Hunter Hills area 9.83 acres in North Park area. The City Clerk is instructed to publish a hearing on this matter. Ayes (6), Nays (0).Motion carried'. E-20 Hunziker moved, McConnell second to table the Preliminary Plat of North Park 5th Sub.. More information was needed. Ayes (6), Nays (0).Motion carried. 1 E-21 McConnell moved, Hunziker second to adopt Resolution No. 605-89 authorizing the Mayor and City Clerk to execute an agreement with Mn/DOT and D.M.E. Railroad for Crossing Signals at 1st Avenue N. W. Cost of this project is approx. $64,116.00 paid by Fed. and Highway funds. Ayes (6), Nays (0).Motion carried. 3402— RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 2, 1989 Agenda Item E-22 E-23 E-24 E-25 E-26 E-27 F-1 F-1 F-1 F-1 McConnell moved, Hunziker second to approve the request to have free parking limi-ted -to customers at all three city ramps who enter and exit between 9 A.M. and 1:30 A.M. the following morning using the time stamped tickets provided.. This is for the Grand Opening in November for the Galleria. This is contingent on the hotel becoming current on the parking ramp charges. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 606-89 adding Para.(30) to Sec. E Passenger Loading Zones as follows: 2nd St. S. W. on the north side - one stall - in front of the premises of 7 2nd St. S. W. known as Tinklers Rest. No Parking Pass- enger Loading Zone, 6 A.M. to 2 A.M. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 607-89 amending Para (2) to Sec. B No Parking Zones to read: 2. North Broadway on both sides from 4th St. to 5th St. at all times. Ayes (6), Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 608-89 and 609-89 declaring the costs to be assessed and ordering a hearing to be held on October 16, 1989 on the proposed assessment 8808 J 9048 San. Sewer Ext. to serve General Warehouse Complex on Valley - high Road N. W. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 610-89 authorizing the execution of a contract with Bus Industries of America for the purchase of a third bus in the total amount of $430,492.50. The City Share is $131,694.50 with the rest of the amt. from Federal funding. Ayes (6), Nays (0).Motion carried. Hunziker moved, Solinger second to adopt Resolution No. 611-89 approving the Supplemental Agreemetn No. 1 for Project 7814-89 J 9109 Drainage and Trunk Storm Sewer Impts. to Glendale lst Sub. The amount is $7,625. Ayes (6), Nays (0). Motion carried. An Ordinance relating to Alcoholic Beverages; regulating the hours of sale for consumption thereof on a licensed premises; amend. the provisions of the RCO Sec. 125A.21 Subd. 2 was given its first reading. An Ordinance relating to Parkland Dedication, providing for a waiver in certain instances from Min. standards for land to be dedicated pursuant thereto; amending RCO Sec. 31.38 was given its first reading An Ordinance Relating to the annexation of land that.is.surrounded by the City was given its first reading. An Ordinance Relating to Street name changes; various in North Park Fourth, Glendale and Glendale First Replat Sub. was given its second reading. Strain moved, Hunziker second to adopt the Ordinanc as read. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL : O®j, CITY OF ROCHESTER, MINNESOTA Ragijar MPPting No- 11 - October 2. 1989 Agenda Item F-1 An Ordinance Relating to the Zoning. Amd. placement of accessory structures on corner lots in residential districts; clarification of the definition of "rear lot line" in those circumstances was given its second reading. Solinger moved, Canfield second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, McConnell second to adopt Resolution No. 612-89 approving an owner contract for Sanitary Sewer, Watermain and Service Connections to serve Salem South Second ; Lowell Penz and LDP Construction. Ayes (6), Nays (0).Motion carried. F-1 President Selby stepped down from the Alderman -At-Large position and Alderman Darrell Strain accepted the position as President Pro- Tem. Canfield moved, Hunziker second to adopt Resolution No. 613-89 approving an owner contract for Street Construction in Alberta Dr. N. E. from Co. State Aid Hwy 22 to 665 Feet North; Viking Hills Partnership and Rochester Sand and Gravel, Inc. Ayes (5),. Nays (0). Motion carried. President Selby did not vote due to a potential conflict of interest. President Selby returned to the chair. G-1 Solinger moved, Hunziker second to remove the Final Plat of Lincolnsh- 3rd Sub. from the table. Ayes (6), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 614-89 approving the plat subject to Mr. Young's letter accepting the electrical service this year be that of Rochester Public Utility. Ayes (6), Nays (0).Motion carried. G-2 IThis was held until the evening session. Having no further business, Solinger moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: Persident Selby, Aldermen Canfield, Hunziker, McConnell, Solinger and Strain. Absent: Alderman Bluhm. B-1 A Hearing on the Proposed 1990 Budget. Having no one present that wished to be heard, no action was taken on this at this time. Final adoption will have to take place by November 9, 1989. B-2 A Hearing on the Final Plan PUD for the Aspens. Wishing to be heard was Hal Henderson of 1134 7th St. S. W: and is the developer for Aspens. He was present for any questions the Council may have. Roger Plumb was questioned if he had a problem with the private roads in the development: Mr. Plumb, Public Servic( Director stated that the City did not have control over private road! in a development. It was mentioned that if the City participates in a financial way for any of the improvements, then these projects where the City is involved, should go to bidding process. Ire Is ®� RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 2, 1989 Agenda Item B-2 Wishing to be heard was Karen Bale of 215 Highland Ct. S. W. She is worried that she will lose part of her property if this development is allowed to continue. She was informed that Highland Court would not be charged for this develpment of making a 24' wide road. The driveway would be constructed, but she would have to pay for sewer and water. Wishing to be heard was Tony Potech of 2412 4th St. S. W. and stated that he found markings that indicate the center of the road would be in the area where the edge is now. He is not wanting this road to be widened in this manner. Roger Plumb stated that the work should be on the north side of the road and not the south side, but he does not have substantial information nor has the written indication from the developer that he will dedicate this amount of land on the north side to widen the road properly. Mr. Potech also was concerned about the safety of the people includ- ing the children in the area when construction begins and heavy construction trucks go up and down 4th St. This is not a desirable,, path for the neighbors. Mr. Plumb, Public Services Dir. agreed that 4th St. is not ideal, but it should help when it is widened. Wishing to be heard was Arlan Gaggon of 2500 4th St. S. W. She was concerned about who would repair this road IF construction trucks use this and holes are made, etc. She is also real concerned about the safety of the children in the area. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Hunziker was concerned about the charges for plowing of streets, etc. when it is City/County border. Mr. Plumb explained that they share some of the streets and on border streets the City picks up the bill on those streets where a City project is the direct cause of the city. Alderman McConnell asked Mr. Plumb if a construction truck could havE a lighter load? Mr. Plumb stated that it is pretty hard to control construction trucks such as a cement truck. They are all heavy. Mr. Gary Neuman, Assistant City Adm. asked Mr. Henderson if he knew that the road should not be widened to the south. Mr. Henderson said "No". Based on the problem of the widening of the road, the Council tabled this upon motion by Hunziker and second by Strain. This will be brought back in two weeks. Mr. Henderson was given instruct- ions by the Council to work with the Public Services Dept. and come to an agreement. He was also instructed to work with Planning. and upon conclusions by those departments, the Council may be able to act on this. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat of The Aspens. Wishing to be heard was Tony Potech of 2412 4th St. S. W. He wanted to have a definition of the difference of Plats and PUD's. Mr. Plumb, Public Services Director explained the difference. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, McConnell second to table this until item B-2 is approved. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 2, 1989 Agenda Item B-4 A Hearing on the Final Plat of Wilshire Estates 4th Subdivision. Wishing to be heard was Joe Postier of 1704 Teton Lane and is concerned about the drainage. Roger Plumb, Public Services Director stated that Outlot "A" is where the drainage pond would be likely to be constructed. However, Mr. Plumb stated that he has not seen the Final Plat and does not know if this is drawn on the plat. Mr. Postier stated that if Outlot A is used, can they request that it be constructed first. Mike McGowan of McGhie and Betts, engineers of 4002 llth Avenue N. W. stated that the drainage problem.would be done first. Carol Blondell of 1625 Wilshire Dr. was concerned about a fence over this "holding pond" and stated that children are going to play in the area and it would be safer with a fence. Stan Mohn, Developer of Rochester, Mn. stated that this is just a holding pond and that it would drain out shortly after rain ceases. He stated that a 24" pipe goes down to another drainage area. They will building a fence around this area. Steve Bergeson of 1622 Wilshire Dr. would like this "pool" covered. He"is worried that children will fall in. Mr. Mohn responded by saying that this is no "pool" that it is a large area in a meadow -like form with grass, etc. It is a structure that cannot be covered, he will build a three to four foot fence around the area. Wishing to be heard was.Phyllis Sandok of 1516 13th Avenue N. E. She is concerned about the erosion lines at the base of the water detention area. She would like to have the developer make sure that this does not occur. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, McConnell second to adopt Resolution No. 615-89 approving the plat subject to the following conditions: 1. The storm water detention area on Outlot A should be built by the developer'as part of the owner contract to construct other improvement in the sub. This detention area should be maintained by the developer until such time as the City agrees to accept the dedication of this outlot and assume responsibility for its maintenance. 2. The developer should acquire and provide to the City drainage easement from the owner of the property to the west ( Carlton Penz) This easement should cover the area where the drainage from this plat will empty onto the Penz property. The easement should be of adequate size as determined by Public Services. 3. As requested by Public Services, the 20' long drainageway and access to the detention area off the end of the cul-de-sac should be platted as part of Outlot "A" rather than as ROW. 4. The need for easements across Outlot'-"A" for sewermains and drainage easements in the interim between the time the Outlot is developed and transferred to the City for ownership should be clearly addressed with Public Services since the entire area of the Outlot is not being dedicated as an easement. If the 20' wide drain- age access way from the cul-de-sac is platted as part of the Outlot "A" as recommended, the sewer main in this area will no doubt need t an easement. 5. A six foot chain link fence be constructed around the detention RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3+06CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 2, 1989 Agenda Item BE, B-5 B-7 AR pond. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Assessment project 6207-87 J 8952 - Sanitary Sewer and Watermain to serve Golden Hill, Toogood Plaza and Hilmer's High View Acres. This is levied to the West 112 - North 135 Feet of Lot 1, Blk 7, Plat 1295 Parcel 23600 in Golden Hill Addn. The amount is $9,023.04. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 616-89 accepting the assess - ment. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project 8508-89 J 9082 Sanitary Sewer Extension in the Service Court N. E. from 3rd Avenue N. E. to the West Line of.Lincoln Mercury Dealership at 37th St. and TH 63 North. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 617-89 accepting the assessments. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Supplemental Assessment on Project 6300- N-S-84 J 8859 - Broadway Reconstruction from 4th Street South to 4th Street North. This is a correction on Plat 2830 Parcel 23800. The new amount is $675.21. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 618-89 approving the assessments. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project 5402-88 J 9012 Street Reconstruction on 21st Avenue S. W. from 2nd Street to 5th St. S. W. Wishing to be heard was Gary Robertson of 330 21st Avenue S. W. and stated that his driveway drops so severely that he has trouble getting vehicles to and from his property. They did not remove the culvert and the sod that was put in is not growing. The construction crew drove a caterpillar over his sidewalk and none of the construction people had any respect for his property. Mr. Roger Plumb, Public Services Dir. will meet with Mr. Robertson and see what can be done in his case. Mr. Plumb stated that this project was almost impossible to design due to the area. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resoluti No. 619-89 accepting the assessment. Ayes (6), Nays (0).Motion carried. Wishing to be heard regarding the Stop Sign removal at 2nd St. and 14th Avenue S. E. was Mr. and Mrs. Sidney Norby. They were present and urged the Council to put the stop sign (s) back in the area. They stated that cars go fast and the Norby house is located at the end of a turn that veers to the right. In the night, cars can't see this turn and they head right into their garage. Stop signs would allow them to analyze the area. They urged the Council to appove putting this stop sign back up. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -40 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 11 - October 2, 1989 Agenda Item E-8 Alderman Hunziker stated that he had driven this route and was in agreement with the Norby's comments. David Rossman, Traffic Eng. with the City stated that he did not like to have stop signs put in neighborhoods because they like to keep an even -flow of traffic. Plus the count of traffic does not warrant a stop sign. Aldeman Hunziker stated that 4th St. S. E. is.a busy street and peopl( use these avenues as a bypass. He still thinks a stop sign would be helpful. Alderman McConnell stated that he has relatives in the area and stated that traffic:"is heavy. He.thinks, too, that a stop sign is needed. Having no further discussion, Hunziker moved, Strain second to instruct the Traffic Department to install a stop sign at 14th Avenue and 2nd St. S. E. Ayes (6), Nays (0).Motion carried. G-2 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. was left on the table. Having no further business, Strain moved, Solinger second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. ty Cler Information - Committee of Whole Minutes Sept. 18; 1989.