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HomeMy WebLinkAbout09-17-1990N? 3596 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO Adjourned Meeting No. 10 - September 17, 1990 35*9 6 Agenda I Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Hunziker, McConnell, Solinger and Strain. Absent: Alderman Canfield. Bluhm moved, McConnell second to adopt the minutes of September 5, 1990. Ayes (6), Nays (0).Motion carried. B-1 A Hearing on the Zone Change.request No. 90-3 by Arend Brothers Partnership. Wishing to be heard was Rick Arend of 4023 loth Avenue N.W. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Strain second to approve the request and instruct the City Attorney to prepare an ordinance making this change. Ayes-(6), Nays (0).Motion carried. 13-2 A Hearing on the Land Use Plan Amendment 90-1 and Zone Change request 90-2 by Jack Prow on the property located at 452 llth Avenue N. W. Wishing to be heard was Jack Prow, of Prow Companies and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Bluhm second to.adopt Resolution No.434;A-90 approving the amendment to the Land Use Plan Map and instruct the City Attorney to prepare an Ordinance for the zone change for adoption. Ayes (6), Nays (0).Motion carried. B-3 A'Hearing on the Final Plat to be known as South Park. Wishing to be heard was Harvey Ratzlaff of 2040 Viola Rd. N. E. He stated that he would like to have this tabled until after approval from the Municipal Board. He stated that he expected this to be done by the time of this hearing, but it did not done in time. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Strain second to table this until approval from the Municipal Board. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Urban Service District and Rural Service Dist. for Taxing purposes: State Law only requires that Section A be consid- ered as a Public Hearing. Section B-_and C may be considered for recommendation.. Wishing to be heard was Pat McCloud of Willow Lane. She stated that it would be nice if the people involved in annexations were informed of the "who,what,when or where when things take place. Plus, a "Welcome to the City" may be a nice gesture since many people in the County do not know what the City offers, etc. Wishing to be heard was Jeff Lansing of 5128 Hwy 53 South and He would like to have his property remain in the Rural Service Dist. He stated that it is isolated by woods, and he has no City water or sewer and has not gas or cable and it is less then 5 acres. Alderman Strain stated that since he is his ward alderman he would recommend that this does stay rural. He looked at the area and it is unique. 'Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 435-90 approving the request with the classification of the Lansing Property to remain "Rural". Ayes (6), Nays (0). Motion carried. The City Attorney will also prepare an Ordinance for adoption. gA 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I CITY OF ROCHESTER, MINNESOTA NO 3597 Adanurned Meeting No. 10 - September 170 1990 Agenda Item B-5 A Hearing on the proposed Reconstruction of Memorial Parkway from TH 14 to 7th Avenue S:' W. and 7th Avenue S. W. From Memorial Parkway to llth St. S. W. Wishing to be°heard was Sarah Estherhay of 816 Memorial Parkway. She has a perfectly good driveway and wondered if this was torn up would she have to pay for a new one? Roger Plumb, Public Services Director stated that the driveway wouid be replaced at no cost to her. Wishing to be heard was J. Donald Tiffany of 1101 Memorial Parkway. He wondered hpw the assessments were calculated. Roger Plumb explained how this was done. Wishing to.be heard was Jan Dimagno of 630 Memorial Parkway. She also has a good driveway and questioned that. She is also concerned about the traffic and wondered if 26:wast•wide enough for the traffic that does go on this area. Roger Plumb stated that 26 feet wide is sufficient for one lane traffic. She stated that there were hit and run accidents last year and she would like to have this situation looked into. Wishing to be heard was William Termain of 625 Mem. Parkway. He.wondered if 1/2 of the widtK of the improvement would be taken from each side. Public Services stated that it would. Wishing to be heard was Virginia Smith of 836 Mem. Parkway. She wanted to.know when this would be completed and when payment is expected. Roger Plumb,stated that it would be completed in 1991 with a potential assessment in 1992. However, this is an approximate statement. A lot depends on construction period. Wishing to be heard was Greg Fix of 844 Mem. Parkway. He wanted to know if the trees would be saved. He was told they would. Wishing to be heard was Dave Gibson of 824 Mem. Parkway. He wanted to know how long this would be torn up. He was told approx. two to three months, again, this depends on construction weather. Wishing to be heard was Jennifer Gates of 805 Mem.Parkway. She also wanted to know an approx. amount and how the assessments were figured Roger Plumb also informed -her. Wishing to be heard again was Greg Fix -of 844 Mem. Parkway. He wanted to know what would happen if he did not want to pay. He was told that it would eventually go on his property tax and that it is still up to the Council to approve this project and the assessment. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to adopt Resolution No. 436-90 approving the project..Ayes (6), Nays (0).Motion carried. D-1 Donald DeVaughn, Attorney from Plainview, Mn. wished to speak on behalf of the Ponderosa Campground and the many people that either reside there or camp on a daily basis. He urged the Common Council not to sell this land ( owned- and operated by the Rochester Public Utility Dept.). --He stated that they have 52 seasonal users and many others that are overnight campers. He would. hate to see this land be developed and these people would not be able to enjoy the natural beauty that they have enjoyed for many generations. Alderman Hunzike questioned " why can't these people buy the -campground site and run .it themselves? Alderman Solinger stated that the Rochester Public Utility has no use for this land and they are stuck with doing something with it. Another fact is that the land is outside of the county and the City does not want to get involved with maintaining a park in some other county. Don DeVaughn stated that they are worki 9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N°; , 3598 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - September .17, 1990 Agenda Item N° 3598 D-1 on an offer with the Rochester Public Utility. Wishing to be heard was Dean Lent of 1423 5th Avenue N. E..and also urged the Council to maintain.this as a campground. He stated that he has been using this park for four generations and enjoyed it for 57 years himself. He urged the Council to keep this for the public. Alderman Solinger, representing --the Public Utility Board stated again that they do not need the land and have to find a use for it. Economically it seems that selling it would be the answer. Mrs. Cassidy of 14th St. N. W.'wanted to be heard and she stated that selling this would hurt a lot of senior citizens who like to go to that park. President Selby thanked everyone for their input. E-1 Bluhm moved, Hunziker second to adopt Resolution No. 434-90 establish ing Referendum for November 6, 1990 and specifying the form of the question to be placed before the electorate. The question is as follows: Shall the City of Rochester,Minnesota, be authorized to issue its general obligation bonds in a principal amount not exceeding $28,760,000 for the acquisition and betterment of public.buildings, including Library, City Hall, and Fire Station facilities., but only upon approval by the.Minnesota Legislature of a local sales tax which will produce revenues estimated by the Common Council, to be sufficient to pay the debt service on such general obligation bonds? Ayes (5), Nays (1). Alderman McConnell voted nay. Motion carried. E-2 McConnell moved, Solinger second to adopt Resolution No. 437-90 establishing a policy requiring the Common Council's approval of the naming of any City facility. Ayes (6), Nays (0).Motion carried. E-3 Strain moved, McConnell second to adopt Resolution No. 438-90 reglating to Rural Development Act and submit it to the Congressional delegation regarding the provisions of the Rural Development Partner- ship Act relating to sanitary sewer and water funding. Ayes (6), Nays (0).Motion carried. E-4 Solinger moved, Bluhm second to approve the acquisition of Ken Keefe owner of a property located at 112 2nd St. N. E. for $49,000.00. Ayes (6), Nays (0).Motion carried. E-5 McConnell moved, Strain second to adopt the followingresolutions as approved by the Rochester Public Utility Board: Resolution No. 439-90 approving a contract agreement with Schwickerts of Rochester, Inc. for Silver Lake Plant office roof repair in the amount of $35,000.00. Resolution No. 440-90 approving a contract agreement with Hunt Electr for -installing load management terminals in the amount of $101,897.00 Resolution No. 441-90 approving a 60'm6nth lease purchase agreement with IBM Credit Corporation for a computer system in the amount of $411,755.00 financed over 60 months at a rate not to exceed 8.3%. Resolution No. 442-90 approving a purchase order agreement for Eng. Field Services for SLP Unit 2 overhaul in the amount of $30,000.00. Ayes (6), Nays (0).Motion carried. c 1 1 RECORD, OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - September 17, 1990 'N° 3599 Agenda Item E-6 McConnell moved, Strain second to approve the following licenses & bonds: Request from Ross E. Hoeft DBA Ross Sign Works of Rochester, Mn. for a sign permit thru Dec. 31, 1990. Request from Bemidji Sign Co. of Bemidji, Mn. and Robert H. Watson DBA All-Brite Sign Service for a sign permit thru Dec. 31, 1990. Request from James L. Kingsporn DBA J and M Plumbing and Heating for a Master Installers License thru Dec. 31, 1990 Request from David M. Heimer DBA Lonestar Plumbing and Heating from Adams, Mn. for a Master Plumbers License thru Dec. 31, 1990. Request from the Hiawatha Civitan Club fora Temp. on -sale Non-Intox. Malt Liquor license for the Civitan Club's'.Octoberfest Party and Concert to be held at Graham Arena on Oct.'6, 1990. Ayes (6), Nays (0).Motion carried. E-7 Strain moved, Bluhm second to approve the following Miscellaneous Acti vines : Request from the Rochester Track Club for a Road Race on Nov.. 10, 1990 Request from the John Marshall Student Council for the annual Homecoming Parade on Oct. 5, 1990 Request from Char Harstad for the Take Back the Night for Sept 22, 1990. Ayes (6), Nays (0:).Motion Carried. E-8 Bluhm moved, Strain second to approve the Accounts Payable in the amount of $1,120,179.10 - list on file with the City Clerk. Ayes (6), Nays (0).Motion-:carried. E-9 Strain moved, Hunziker second to adopt Resolution No. 443-90 authorizing the City Clerk to advertise for.bids on Aluminum Sulfate. Bids to be opened at 11:00 A.M.on October 9, 1990. Ayes (6), Nays (0).Motion carried. E-10 Bluhm moved, Hunziker second to instruct the City Attorney to initiate Orderly annexation of former Railroad ROW and TH 14 and 52 ROW West o llth Avenue N. W. Ayes (6), Nays (0).Motion carried. E-11 Bluhm moved, McConnell second to approve the annexation by Western Walls, Inc. to annex 15.87 acres of unplatted land and instruct the City.Attorney to prepare an Ordinance for adoption and approval by the Municipal Board..Discussion was. held by the Council, Alderman Hunziker questioned why we keep on annexing land when the problem with the utility service has not been solved. He questioned " When do we stop? Roger.Plumb, Public.Services Dir. also is concerned about subdivisions not having to come up to city standards - such as street lighting is not being adhered.to as far as City codes. Having no further discussion, Roll call was taken for the vote. Aldermen Bluhm, McConnell, Solinger, Strain vote aye. Ayes (4), ,Alderman Hunziker and President Selby voted nay. Nays (2). Motion carried. E-12 Strain moved, Hunziker second to approve the Preliminary Plat of Essex Estates Second. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL p - CITY OF ROCHESTER, MINNESOTA - - N. 3600 Adjourned Meeting No. 10 September 17, 1990. No • 3600 Agenda Item E-13 Strain moved, Bluhm second to adopt Resolution No. 4.4.3A-90 approving setting a hearing on the proposed vacation of 5' wide util- ity easement located on the east side of Lots 15 and 20, Blk 3 and west side of Lot 19, Blk 3 Cimarron llth Sub. Upon Roll call vote, Aldermen Bluhm, McConnell, Solinger, Strain voted aye. Ayes (4), Alderman Hunziker and President Selby voted nay. Nays (2). Motion carried. E-14 Strain moved, Sollinger second to adopt Resolution No, 444-90 setting a hearing for October 15, 1990 on the proposed Improvement on Project 6223-1-90 J 9116 - San. Sewer and Watermain Ext. in 23rd St. N. W. from East River Road to serve Lots 13 and 14 the Christensei Sehl Sub. and Others. Ayes (6), Nays (0).Motion carried. E-15 Bluhm moved, Strain second to adopt Resolution No. 445-90 amending Para (32) of Sec. H and Zone C -30 minute parking to read: (12) 6th Avenue N. W. on the W side from the D.M. & E. RR to 7th St. 8 A.M. to 5 P.M. Monday thru Fri. Also adding Para 4.2 to Sec. H and Zone F - 2-hr. zone. (42) - 6th Avenue N. W. on the east side from the DM & E RR to 6th St. -8 A.M. to 5 P.M. Mon -Fri. Ayes (6), Nays (0).Motion carried. E-16 McConnell moved, Bluhm second to adopt Resolution No. 446-90 awarding the low bid of $33,665.00 to DeWitz Construction for furnishing 8 passenger.. shelters - Fed Project MN-90-X027 MN-90-X041. Ayes (6), Nays (0).Motion carried. E-17 McConnell moved, Bluhm second to adopt Resolution No. 447-90 awarding the low bid of $31,949.50 from Restoration Technologies, Inc for Waterproofing Center Street Ramp. Ayes (6), Nays (0).Motion carried. E-18 Bluhm moved, Strain second to approving and adopt Resolution No. 448-90 on the acceptance of the Reassessment of properties in Tongen and Cavalima Sub. This is to set a hearing. It will be held Oct. 15, 1990. Ayes (7), Nays (0).Motion carried. E-19 Solinger moved, Strain second to adopt Resolution No.449=90 and 450-90 declaring the costs to be assessed and order a public hearing to be held on October 15, 1990 on Project No. 8901 J 9079 - San. Sewer Ext. in Rocky Creek Dr. N. E. and No. Valley Dr. N. E. to serve proposed No. Heights E 5th plus Watermain in No. Heights E 5th. This is a deferred assessment - Ayes (6), Nays (0).Motion carried. E-20 Bluhm moved, Hunziker second to adopt Resolution No. 451-90 authorizing the Supplemental Agreement'No. 2.for Project 6311-4-89 J 9133 llth Avenue N. W. - 12th St. to 19th St. N. W. in the amount of $18,500.00. Ayes (6), Nays (0).Motion carried. E-21 Strain moved, Solinger second to approve the Mayo Proposal for Amendments to Zoning Ordinance - to set a public.hearing - Ayes (6), Nays (0).Motion carried. i�l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 Agenda Item E-22 E-23 F-1 F-1 F-1 F-1 G-1 CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 10 - September 17, 1990 Bluhm moved, McConnell second to authorize the Director of Employee . Relations to sign a Letter of Agreement with AFSCME Local 319 regard- ing part-time Seasonal and Temporary Employees. Ayes (6) , Nays (0).Motion carried. Stra'�i n moved; 131 uhm. second. to set- a f?eari ng.to:,be hel-d : on October 15, 1,.990,0_6 the proposed -:assessments of Project .7814 J 91.09- - Drainagew arrd•:Trunk Storm Sewer _i-n: G_i.enda-le Fi r-st -Sub-. Ayes- ( 6) Nays (.0).Motion carried. Resolution No. .451A-90. An Ordinance Rezoning Property and Amending Ord. 1659 - This is for a B-4 General Business L.3, less the W 84 Ft. of Cascade Center Sub. property located at 1305 5th P1. N. W. was given its first reading- ( Arend property ). Strain moved, Hunziker second to suspend the rules and give this Ordinance a second reading. Upon Roll call vote, Aldermen Bluhm, Hunziker, McConnell, Solinger , Strain and President Selby voted aye. Ayes (6), Nays (0).Motion carried. The Ordinance was given its second reading.,. Bluhm moved, Strain second to adopt the Ordinance. Ayes (6), Nays `(0).Motion carried. An Ordinance Rezoning property to B-4 General Business - Jack Prow property was given its first reading. An Ordinance Relating to Urban and Rural: Service Districts; Designatii certain lands in the City of Rochester as part of the Rural Service District was given its first reading. Hunziker moved, McConnell second to :_suspend the rules and give thus Ordinance a second reading Upon Roll call vote, Aldermen Bluhm, Hunziker , McConnell, Solinger, Strain and President Selby voted aye. Ayes (6), Nays (0).Motion carried. The Ordinance was given its second reading. Strain moved, Hunziker second to approve the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance .regarding the Annexation of 15.87 acres of land located in Cascade Twp. - was given its first reading ( Bob DeWitz). Hunziker moved, Bluhm second to remove the Variance by Jeff Loge on tI Aldrich Nursery Property from the table. Ayes (6), Nays (0).Motion carried. After Council discussion, Alderman Hunziker questioned the status of the authority that FEMA had given DNR to speak on behalf of the FEMA on the allowance of this request. Alderman Hunziker was informed that FEMA did indeed grant the DNR•to make the decision to allow this use in the Flood Fringe. Alderman Solinger stated that the allowance for the minimum size should be waived because the City caused some of the problem in the first"place. Alderman Bluhm stated that the street access is 5 feet below what is required in the Flood Fringe. He also stated that it is a big variance to be considered. He is not in favor of this variance. Wishing to be heard was Ann Gastenau of 997 Skyline Ln. S. W. and she stated that flood fr-i:n'ge i.s 2.5 feet below. Wishing to be heard was Terry Clayton Lund of 1325 2nd Avenue N. W. and is opposed to this use of -the building. 3601 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3602 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - September 17, 1990 Agenda Item G-1 G-2 H-1 The question of'how the effect would impact on our insurance rates in the Flood Way. Mr. Gary Neuman of the City Administrators office stated that since we are involved in the Flood Control project and this area should be finished - FEMA would look at the finished areas and evaluate them before the entire project is finished. If this is done, the insurance rates should be lower because of the less hazard in a flood. He stated.that we could ask that they consider this area. Ann Gastenau wished to make a further remark. She stated that they do not have many uses for this building. It is back from Broadway and thus does not get the "view of use". She urged the Council to approve this. Having no further discussion, Solinger moved, McConnell second to approve this variance. Upon roll call vote, Aldermen McConnell, Solinger and President Selby voted aye. Ayes (3), Aldermen Bluhm, Hunziker, and Strain voted nay. Nays (3). This being.a tie vote, no action was taken. This can be brought back to the Council on October 1, 1990 at the regular meeting if further action is warranted. Strain moved, Bluhm second to remove the Reconstruction of Project 9003- J 9141 - Alley in Blk bounded by 13th Avenue S. W., 16th Avenue S. W., West Center Street and 1st St. S. W. from the table. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 452-90 approving the project. Ayes (6), Nays (0).Motion carried. Mayor Chuck Hazama brought a list of appointments to the Tobacco Free Task Force Committee for Council approval. After Council dis- cussion, it was decided to send this appointments back to the Mayor for him to attach the application of each appointment and to receive more names from the Council or other citizens and also seek a person on the Law Enforcement area to serve on this committee. Alderman Solinger suggested that we inform the committee of what the Council expects them to do -.duties, tasks and functions, etc. Mayor Hazama stated that he had already arranged for this group to meet and to wait would be a problem. He was informed that they could meet informally and that they should be informed that they might not be chosen to serve on this committee. No one will know who is going to be appointed until the Council makes the decision. No action was taken until the Council received full applications, etc. in order to approve the recommended appointments. Having no further business, Solinger moved, Strain second to adjourn the meeting until 1:00 P.M. on September 18, 1990. Ayes (6), Nays (0).Motion carried. City Clerk 1