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HomeMy WebLinkAbout06-04-1990Agenda Item A-1 C-1 1 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N0 3545 Annual Meeting No. 1- June 4, 1990 The Alderman -At -Large, Aldermen of the Second Ward, Fourth Ward and Sixth 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, Solinger and Strain. Absent: None. Canfield moved, Hunziker second to approve the minutes of the May 17, 1990 and May 21, 1990 meetings. Ayes (7), Nays (0).Motion carried. The following address was given by President Nancy Selby. Sometime after I took office twoyears ago, I received a book from Mrs. CarrolI's 9th grade'En-glish Honors class at John Adams Jr. High School entitled " Rochester: Where the geese have no name. 20 stories written by individual students: Some of the titles: "Proud;Special K's; Volunteering Rewards; The Teen Seen; One of the world's Best ; We aren't Iowan; There's Nun Bet -ter then Assisi Heigh. I left My heart in the Mayo Clinic; A Quarry Query - Quarry Hill Nature Center; Icicles to Ice Cream, Etc. I quote - The purpose of the book was to show that Rochester is a special City, with special people and mainly to show that a•bunch of 9th graders know those qualities and can point them out just as well as any other famous author. I was tremendously impressed not only by the working ability , by the many different ways of capturing that very special spirit and civic pride that prevails in our community. Even with mountain of mail and files, I can put my hand on thi s- book Zvi thin seconds. And I do refer to this book every once in a while. but MY a ew I added this book to my file of blueprints, footprints and guideline to the City. I certainly agree that we are what we are today because of those ingredients civic spirit and..pri`de &'- can -do. We're going to need all of these and a lot more as we face the 12 major issues focusing the city as formulated at the City Council and Staff Dept. head retreat this winter. We know what the issues are, but, for the 12 major issues are in no order: 1. Expenditure for Capitol Faciliites 2. Growth, 3. Higher Education 4. Space Needs 5. Affordable Housing 6. Sources of Revenue 7. Annexation problems 8. Strategic Planning 9. Downtown Development 10. Environment 11. Inter Government 12. Social Issues:. the benefit of the citizens RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N° • ` 3546 CITY OF ROCHESTER, MINNESOTA NU 35•46 Annual Meeting No. 1 - June 4, 1990 Agenda Item C-1 C-2 C-3 C-4 C-5 I have added Rochester Public Utility/ Peoples Cooperative situation, When looking at the whole total City life span in the words of the Mayor of St. Louis " We are custodians but for a short time - what are we going to pass on". Thank you very much. Solinger moved, McConnell second to adopt Resolution No. 264-90 adopting the Roberts Rules of Order for the conduct of business by the City Council. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 265-90 pertaining to the Rules and Regulations for order of business by the City Council. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 266-90 establishing committees of the Common Council, prescribing their functions and duties, and providing appointment to members of sub- committees. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to approve the annual appointments to various committees by President Nancy Selby. They are as follows: FINANCE - Canfield, Chm., Bluhm and Selby. PUBLIC SAFETY - Hunziker, Chm., McConnell and Selby PUBLIC WORKS - Bluhm, Chm., Canfield and Strain. PERSONNEL ADVISORY - Bluhm, Chm, Solinger and McConnell BOARD OF EQUALIZATION — McConnell, Chm, Hunziker and Canfield ROCH.PUBLIC UTILITY - Solinger FLOOD CONTROL - Solinger, Chm., Bluhm, Strain and Hunziker RAEDI - Canfield, and Hunziker HEALTH - McConnell CIVIL DEFENSE _ Mayor Hazama, Strain, Hunziker and Bluhm PASC - Hunziker and Selby ROCOG - Mayor Hazama, Solinger, McConnell, Canfield and Selby DOWNTOWN DEVELOPMENT - Canfield and Solinger SOLID WASTE - McConnell JO-INT POWERS BOARD - Solinger, Strain and Bluhm CONVENTION BUREAU - Strain and McConnell HRA - Canfield Ayes (7), Nays (0).Motion carried. The annual address by Mayor Hazama is attached to the back of these minutes. Strain moved, Canfield second to approve the Rochester Post Bulletin as the official newspaper to publish the official printing and adv. of the City of Rochester for the official year commencing June 4, 1990. Ayes (7), Nays (0).Motion carried. Resolution No. 267-90 was adopted. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3547 Annual Meeting No. 1 - June 4. 1990 Agenda Item C-6 C-7 D-1 E-1 E-2 E-3 Solinger moved, McConnellsecond to approve the appointment of Kurt P. Hamann of 536 21st. St. N. E. and John Riggenbach of 1408 4th Street S. E. to the Human Rights Commission. Term of Mr. Hamann is 5-1-92 and replaces LeeRoy Parks. The term of Mr. Riggenbach is 5-1-93 and replaces Victoria Faucette. Ayes .(7), days (0).Motion carried. Canfield moved, Hunziker second to approve Harold M. Algyer to fill position of Police Lieutenant in the Roch. Police Dept. effective June 1, 1990. Ayes (7), Nays (.0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 268-90 referring the Petition for Watermoin and San. Sewer Ext. in Easement and 4th St. S.W. P Hillcrest Sub Parcels 604 and 701 - Father Bruyska to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. the McConnell moved, Solinger second to approve the contract with Brown and Caldwell to act as engineer to review the current Water Reclamation Plant user fees to'ensure an adequate level of revenues tc cover the expenses associated with the upcoming solid waste handling and odor control improvements at the WRP. The estimated cost of this study is $14,770.00. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 269-90 approving an purchase order with Graybar Ele. Company for cable in the amount of $34,820.82. Resolution No. 270-90 approving a purchase order with Powell Indust- ries Inc. for a switchgear in the amount of $392,849.00. Resolution No. 271-90 approving an engineering services agreement witl Burns and McDonnell for.design of the Silver Lake, Chester and Cascadt Creek Substation conversion in the amount of $130,000.00. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to approve the initiation of a law- suit against Iridescent House, Inc. and Lawler Properties of Rochester, In. - 225 First Avenue The wall has been deteriorating and loose bricks etc. has been falling on parked cars. Letters have been sent and at this point legal action is needed. Ayes (7), Nays (0).Motion carried. 1 E-4 Canfield moved, Bluhm second to approve the following licenses & bonc Request received from VFW Post 429,322 1st Avenue S.W. for the annual Gambling License from August 1, 1990 thru August 1, 1991. Request received from Harold DeWitz -2514 5th Avenue N.M. to constru t cement Sidewalks, Curb and Gutters and Driveways from June 1-Dec.31, 1990. NO. 3548 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N9 3548 Agenda Item E-4 E-5 E-6 E-7 E-9 Sam Request for a: -,Temporary On-Sale-Non-Intox. Beer license from the Rochester Mustang Youth Hockey Assoc. This is for June 23, 1990. Request received from.the following people for an Over -The -Counter Cigarette licenses - Truong's Plaza Oriental Grocery Stgre at 10 7th St. N. W. - Rochester Amoco Food Shop 451 16th Avenue N. W. and Olms County Agricultural Assoc. for the Olmsted Co. Fair - July 30 - August 6, 1990. Ayes (7), Nays (0).Motion carried. It was noted that the regulations governing the sale of cigarettes must be posted with the licenses listed above on cigarette licenses. Solinger moved, McConnell second to approve the Non -Intoxicating. 3.2 Beer License - On - Sale to Zozislaw Pienkowski and Gregor Filip owners of the European Rest. located at the Miracle Mile Shopping Center. Ayes (7), Nays (.0).Motion carried. Bluhm moved, McConnell second to approve the request for an Outdoor Dining Permit AFTER the Ordinance governing this sort of activity outside the Downtown Dev..District has been read and published. Council questioned a step that was constructed in the street (public) ROW. It was constructed without permit or permission from the Council Council ordered that this step be taken care of in order to conform with the rules of the City. The above request was voted on. Ayes (7), Nays (0).Motio carried. An Ordinance would .be read later in the meeting. McConnell moved, Hunziker second to approve the following Misc. Activ- Request from the.Rochester Track Club for a Foot Race on Aug. 25, 199, at Slatterly Park Request to hold the annual Rochesterfest Parade on June 29, 1990 from 6:30 to 10:00 P.M. beginning at Soldiers Field. Request from Bill Davis of KROC for the Annual Rochesterfest Street Dance on June 30, 1990 on 1st Avenue S.W.: bet. 2nd and 4th St. Ayes (7), Nays.•(0).Motion carried. Canfield moved; McConnell second to approve the Accounts Payable in the amount of $2,110,553.49: List is on file with the City Clerk. Ayes (7), Nays (0).Motion carried. Discussion was held on the Preliminary Plat of Apache Village Sub. Alderman McConnell questioned the reasons that the Planning Commissioi had for voting the approval of 5-3 - What reasons did the three negative votes -have. Jeff Ellerbush of the Planning Dept. stated that the land needed .in the Flood Control area be identified in the plat. not much other debate was had on the land part of the plat other than the flood control part. Roger Plumb, Public Services Dir. stated that he would recommend that the needed land for Flood Control Project be dedicated as an ease- ment. ki ties. 1 Agenda Item 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3549 Annual Meeting No. 1 - June 4, 1990 Alderman Strain stated that in the downtown flood control project, no one dedicated land for this purpose. Mr. Plumb stated that when ROW is needed when proceeding with a project then the City pays. If a project proceeds, then the easements should be dedicated. In this case the project proceeds and the easements should be dedicated. Mr. Plumb stated that we have hundreds of dedications prior to platting. Alderman Bluhm asked where else was this done. He was given several areas. After further Council discussion Mr. Plumb recommended the dedication of a Construction easement. Lowell Penz, Developer was present and stated that the grading that was done at this time was only surface, to clean up the area - no fill was taken or put in. Mr. Penz also stated that he planned to fill in and park cars in a lot -in the flood way. Gary Neumann, Ass't. City Adm. stated that the best for the City would be to require a construction drainage easement subject to the 9 easements as requested by the Planning Staff. Based on this, Strain moved, Canfield second to approve the Preliminary Plat subject to the following nine conditions: 1. The required land needed for the flood control project and desc. as the temp. and permanent construction easement area.on the attached materials from the Public Services Dept. shouldbe shown as an outlot so.it can be conveyed to the City. Dedication of this area is recommended by Public Services and City Adm. The removal of this land from the private platted lots may justify shortening the length of Apache Lane and rearranging lot lines. 2. Dedicate on this plat the portion of the existing Apache Dr. at t NW corner of this plat. This section of the existing road has never been dedicated as ROW by previous Sub. plats..It should be finally dedicated at this time. 3. Unless it can be shown by the developer that they have no legal interest in the property, the triangular shaped area along Apache Dr. which is outlined by the west boundary of Lot 1 of this plat should be included in this plat. It is staff's opinion that this are previously shown on the Apache Mall Shopping Center Sub. as an "Easement for Roadway Purposes",.is in fact a part of Lot 1 and not a exception. The. plat should show this area subject to the existing easement. Since this roadway easement area is no longer needed for wh we believe at one time was going to be the beginning of a frontage road, it could be vacated by the City if the necessary utility, easements are retained. 4. The frontages of Lots 5-7 should be increased to 60' as required by the Zoning Code. (NOTE: Frontage width.reductions for lots on cul- de-sacs or curvilinear streets is only allowed in residential zoning districts.). 5. a 25' wide drainage easement centered on the common lot line betwe lots 6 and 7 should be provided between Apache Lane and the rear lot line of the lots. 6. The Dev. be.responsible for construction of the median in Apache Dr. as -part of the owner construction contract for the subdivision. �t r 'N° '3550 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA N? 3550 Annual Meeting No. 1 -.June 4, 1§90 7. The Arby's rest. building should be removed out of the ROW for the proposed Apache Lane before the final plat is recorded. A buildin( in public ROW would expose the.City to potential liabilities. 8. All necessary utility easements should be shown on the final plat 9. A grading plan showing erosion control should be submitted and the storm sewer outlet pipe must have grouted rip rap 10-15' out from the pipe. The design of the out let pipe should not interfere with the future pathway to be built as part of the flood control project. The motion changed Condition No.'7 to stated 120 days hold harmless to the City and include the drainage easement for the floodway project.. and plat this.outlot as outlot for drainage. Ayes (6), Nays (1). President Selby voted nay. Motion carried. Strain moved, McConnell second to adopt Resolution No. 272-90 setting a hearing date of July 2, 1990 on the proposed vacation of two feet of a utility easement on Lot 9, Blk 1, Bamber Corner Sub. - Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to table the proposed project No. 9007 J 9160 - San. Sewer and Watermain Ext. to serve Parcel 12209 and.others in Rochester Township. Several questions needed to be answered by the Public Services Dept. and this will be discussed at a Committee of the Whole. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 273-90 approving an amendment to CY 89 - State Transit Assistance Contract. This allows reobligation of the unused sources to be allocated. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 27.4-90 authorizing the City Clerk to publish.a public hearing on the Proposed Street Name change from 5th St. N. W. bet. 4th Ave. N. W. TH 52 2nd Ave. from 2nd St. S. E. to 12th St. N. E' 12th St. N. E. from 2nd Ave N. E.to lst Ave. N. E. Proposed names are Civic Center Dr. and West Silver Lake Dr. Ayes (7), Nays (0).Motion carried. Public hearing will be June 18, 1990. Bluhm moved, Strain second to .authorize the street closing as listed on the Request for Council action for Rochesterfest 1990. This is also including'.a variance on trash collection hours. Ayes (7), Nays (0).Motion carried. Resolution No. 275-90 was adopted. Bluhm moved, McConnell second to adopt Resolution No. 276-90 adding para (21) to Sec. B of No Parking Zones as follows: W River Rd. Co. Rd. 133 - on both sides from 41st St: to 55th St. 'or the portion of the road within the City limits at all times. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO Annual Meeting No. 1 - June 4, 1990 Agenda Item E-16 McConnell moved, Strain second to adopt Resolution No. 277-90 awarding the contract to Nietz Electric in'the amount.of $53,860.00 for Project 9051 J 6357 - Traffic Signal and -Street Lighting at llth Ave. and 16th St. S. E. Ayes (7) Nays (0).Motion carried. E-17 McConnell moved, Strain second to adopt Resolution No. 278-90 awarding- the contract for Sidewalk Replacement Project No. 1-1990 J9146 Various Areas - City wide to EL Bishop Construction.of Rochester in the amount.of $17,598.17. Ayes (7), Nays (0).Motion carr. E-18 Strain moved, Solinger second to reject the low bid.of Doyle Conner Company in the amount of $60,093.71 and rebid.this next year. This was the onlybid and it came in $10,000 over the estimate. Ayes (7), Nays (0).Motion carried. E-19 Bluhm moved, Hunziker second to adopt Resolution No. 279-90 awarding the .low bid of Pencille Construction Co. $41,893.17 for New Sidewalk on both sides of 17th St. - 40th St. S. W. - Willow Heights Dr. S. W. J 9111. Ayes (7), Nays (0).Motion carried. E-20 Bluhm moved, Strain second to adopt Resolution No. 280-90 awarding the low bid of $41,272.56 Pencille Construction Co.. for New Sidewalk Project No. 3 - J 9148 Various Areas City Wide. Ayes (7), Nays (0). Motion carried. E-21 Bluhm moved, Hunziker second to adopt Resolution No. 281-90 authorizing the City Clerk to readvertise for bids on Project No. 6003-85B J 2214 - S.P. 159-114-09 - Demolition of 8 houses and 4 commercial buildings on the 5th.Street N. W.-N i , Extension between 4th Ave. N. W. and 2nd Avenue N. W. ROW. Bids to be opened at 11:00 A.M. on June 18, 1990. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to sidewalk cafe permits; amending RCO Sec. 73B .01 was given its first reading. Strain moved, Hunziker second to suspend the rules and give the Ordinance a second reading. Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger Strain and President Selby voted aye. Ayes (7), Nays (0).Motion carried and the Ordinance was given its second reading. Strain moved, Hunziker-second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. ,F-1 An Ordinance establishing a Planned Unit Dev. to be known as Teton Court was given its eecpnd reading. Canfield moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (1). President Selby voted nay. Motion carried. F-1 An Ordinance relating to the Street name change of,17th St. S. W. as platted in Toogood Sub. to Tudor Court was given its second reading. Strain moved, Canfield second to adopt the Ordinance as read. Ayes (7-), Nays (0).Motion carried. F-1 An Ordinance regarding the annexation of a portion of Lot 8, Hillcres Sub. in Rochester Township was given its second reading. Bluhm moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. ed. 3551 N° 3552 Agenda Item F-1 F-1 F-1 A-1 In F-1 H-1 H-2 H-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N9 3552 Annual Meeting No 1 - June 4, 199.0 An Ordinance relating to the Human Rights Commission; relating to the No Fault Grievance; amending the RCO Sec. 80.17'Sub. 4 and 5 was given its second reading. Strain moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 282-90 approving the owner contract for Basic Construction in Manor Woods West Fourth Sub. Phase I. Ayes (7),'Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 283-90 approving an owner contract for Phase I Teton Court Sub. Ayes (6), Nays (1). President Selby voted nay. Motion carried. Having no further business, Strain moved,-Solinger second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0).Motior-carried. President Selby called the meeting to orderat 7:30 P.M., the followinc members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. A Hearing on the vacation of a 10 foot utility easement located in Parkwood Hills. Having no one present that wished to be heard, . (President Selby closed the hearing.Bluhm moved, Hunziker second to approve the vacation. Ayes (7), Nays (0).Moti.on carried. A Hearing on the Final Plat of Hunter Hills Second Sub. Wishing to be heard was Chuck DeWitz of 602 llth Avenue N. W. and was present for_any questions, also Mr. DeWitz stated that the conditions were met and everything is in order. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 285-90 approving the plat. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 286-90 approving an owner contract for Basic Construction in Hunter Hills 2nd Sub. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to retain the firm of Barton Ashman of Mpls which is a f-irm for program management service for the needs of City Space.- This will cost approx $41,000.00. Jean McConnell is not in favor, but will vote for this and hopes we will get our money out of this service. Aldermen agreed. Ayes (7), Nays (0). Motion carried. Canfield moved, Solinger second to transfer $22,000 to the West River Parkway park storm sewer project. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to transfer $5,000. into the Mayor's Contingency Account. Ayes.'(7); Nays (0).Motion carried. Having no further business, Canfield moved, Hunziker second to adjou the meeting. Ayes,(7), Nays (0).Motion c/%ried. er RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL q7 1 I— Agenda Item C-4 CITY OF ROCHESTER, MINNESOTA 3552A Annual Meeting No. 1 - June 4 1990 State of the City Address by Mayor Chuck Hazama: Congratulations to President Nancy Selby and Council Members Chuck Canfield, John Hunziker and Peter Solinger for successfully getting re-elected for another two-year term. We are all experiencing some of the most historic events in modern times. Our current events report news of extraordinary happenings thoughout the world -- Events that are changing the course of history -- Students revolt in Beijing, the crumbling of the Berlin Wall, the fall of Soviet Communism as envisioned by Marx and Lenin, and the historic visit of President Gorbachev to Minnesota. We are living in exciting times. Here at our home front, we, too, have been experiencing some of our most extraordinary events in modern times. The Mayo Clinic continues to invest in our community by constructing the facilities they announced a few years ago that will total some 750 million dollars. IBM is riding high with their AS400 success. Crenlo was honored by John Deere Tractor works for their outstanding product line, and we still have one of the largest ice -cream -yogurt producing facilities in Kemps-Marigold. Last week we celebrated the 17 million dollars that was included in the bonding bill for our Greater Rochester Area University Center. We should be in those classrooms by 1993. We made a good faith effort to attract the Northwest AirlinesHeavy Maintenance Facility to be located at our airport, but learned that we did not qualifiy simply because we were not one of their main hubs. The response and support we received from the surrounding communities and the businesses in Southeast Minnesota was outstanding. I can think of no other one issue that pulled the communities together as did the Northwest project. If anything, we know that we can work together and respond in a favorable manner in a very short time. Our flood project is moving along and the completed phases are impressive. I know the entire community is looking forward to the day we can put the finishing touches on our 100 million dollar project that will offer our citizens safety and protection for years to come. Today, we have groups developing plans for our future. A new library, a joint city -county government building, fire station, an urban design, recycling, safeguarding our water, policies on our growth and, yes, the magnetic air -cushioned high-speed train. The list doesn't end there and I see an exciting decade of the 90's in the horizon. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3552E CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 4, 1990 Agenda Item C-4 What will we tackle and emphasize in the next decade? The community needs to assist the Council as we move ahead to make these major decisions -- two ten-year programs in the 70's and 80's gave us a clear vision of what our goals and objectives were for our community. We now need to establish our strategic plan for the 90's with a clear vision of what we want to accomplish as we approach the 21st Century. Thanks to the many elected officials, staff and Volunteers who have contributed so much to help us achieve some unprecedented heights in our 130-year history. We are proud of all the past accomplishments and let's challenge ourselves to create an even brighter tomorrow for the future generations to come. n