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HomeMy WebLinkAbout01-23-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3651 Adjourned Meeting No. 21 - January 23, 1991 Agenda Item A-1 I President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Hunzik r McConnell, and Strain. Absent : Aldermen Bluhm and Solinger. McConnell moved, Strain second to approve the minutes of the January 7, 1991'meeting. Ayes (5), Nays (0).Motion carried. B-1 A Hearing on the Final Plat of Bandel Hills Fifth Sub. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resolution No. 13-91 approving the plat. Ayes (5), Nays (0).Motion carried. B-2 A Hearing on the Proposed Assessments on Project No. 8608-4-89 J 9083 Basic Construction in Baihly Heights 4th Sub. Having no one present that wished to be heard, President Selby closed the hearing. McConne 1 moved, Hunziker second to adopt Resolution No. 14-91 accepting the assessments. Ayes (5), Nays (0).Motion carried. B-3 A Hearing on the Proposed Assessments on Project No. 7002-0-78A J 866 - Sanitary Sewer Ext. in 24th Ave. S. E. from 15th St. S.E. to a point 300 Feet North and the Ext. of San. Sewer in Melody, Mayfair and Mayhill Sts S.E. from 24th Avenue S. E. to West Line Marvale Sub. Having no one present that wished.to be heard, President Selby closed the hearing. Hunziker moved, Strain second to adopt Resolution No.. 15-91 accepting the assessments. Ayes (5), Nays (0).Motion carried. B-4 A Hearing on the proposed project No. 9012-90 J 9171 - Construction of San. Sewer, Subdrain, Storm Sewer and Fire Hydrant Assembly in Future Fox Valley Dr. S. W. from the E Property Ln of Foxcroft Second Sub. to the E. Ln of the Richard Hudson Property. Having no one - present who wished to be heard, President Selby closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 16-91 approving the project with the following conditions: 1. Require the dedication of 40 feet from the Hudson parcel and 40 feet from the Cook parcel and 2. Contingent upon the receipt of those dedications and on agreement from the Hudson parcel that they will not challenge the assessments. Ayes (5), Nays (0).Motion carried B-5 A Hearing on the Petition to vacate the ROW for 6th Street N. W. West of llth Avenue N. W. - Weber and Barlow Stores. Wishing to be heard was Catherine Moe of the Corporate offices of Barlow Foods - 1161 6th St. N. W. She stated that Barlows need help from the Council in granting them this vacation which would be the 66' wide ROW for 6th St. N. W. from the western ROW In of llth Avenue N. W. to a pt approx. 727 feet westerly. This does not request the entire length of 6th St. Roadway to the stoplights at 6th St. N. W. The western limit of the ROW to be vacated is where the roadway surface for the 6th St. turns northwesterly. At this time Ms. Moe stated that they did not have condition No. 3 which provided an agreement with Home Federal Savings to provide access easements to the Home Federal Savings property from the vacated 6th St. ROW. She stated that Home Federal wanted to have Weber -Barlow maintain the street and if they did not, Home Federal would call someone to maintain/ - remove the snow,etc. and bill Barlows. Barlows said they would have 3652 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-5 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991 no problem with the maintenance agreement, but Home Federal also wanted power to put a lien on the vacated property in the event that this street was sold, or something else was done with the land other than a road for Home Federal -as is the case now. Ms. Moe said these items have not been resolved thus she does not have an agreement, but she urged the Council to continue with the vacation and possible a quitclaim deed of the property in question in order to encourage Home Federal to negotiate further. Ms. Moe mentioned other items in the project such as stop lights and other matters pertaining to the project, but not to the vacation hearing. Council stated that they would be discussed later under another item. Alderman McConnell asked Ms. Moe if this is exactly the same present- ation as was given to the Planning Commission so if the Planning Comm. approved or discussed matters it would be the same. Ms. Moe stated that it was the same presentation. Alderman Canfield stated that it was his understanding that if the 66' ROW was vacated - Home Federal would use the street and Barlow would maintain this and pay the bill if they did not do it themselves. Ms. Moe stated that they would do that. Alderman Hunziker then stated " you will guarantee maintenance"? Ms. Moe stated that they would do so. Gary Neumann, Assistant City Adm. reminded the Council that the agreement with Home Federal - as promised in the condition - had not been received with the City and since it was made as part of the request and the hearing, he would like to see this agreement with Home Federal received and signed. Alderman Strain asked if part of the street is one owner and the other part goes to the other owner, then Home Federal would have part of the street. He was inform that Weber -Barlow owns the entire street. Home Federal uses it and no, the City maintains it. Roger Plumb, Public Services Dir. also stated that we ( City ) should have this agreement before another transaction is approved. Alderman Hunziker questioned why the City was in the middle of a private party agreement in the first place. David Hunt, Attorney for Home Federal - Rochester Mn. was present and wished to be heard. He stated that Home Federal would like to see the situation stay as it is. It is Barlows land and the City maintains it. The only thing that Home Federal is concerned with is that IF Weber Barlow property is ever sold or this land built on, then Home Federal would lose their street rights. They get along with Weber -Barlow and con- sider them good neighbors, they just want this assurance. Mr. Hunt stated that if Weber -Barlow does not have any other plans, then they should not be afraid to enter into the agreement that Home Federal has proposed. Jane Kansier, Planning Dept. stated that if this hearing is tabled until the agreement is reached, then the 'burden -is on the two parties to settle this before Council action is obtained. Wishing to be heard was John Perkins of Gold Cross Ambulance. He was concerned about the changing of traffic patterns - such as stop signs - timing of stop lights, etc. and if this was approved, then he would have a hard time to make ambulance runs - he would not be able to leave his buildings in a hurry without putting on the 1 [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3653 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991 Agenda Item B-5 sirens and in some cases it is not lawful to put them on, but he has to hurry. He urged the City to look carefully at the situation. Wishing to be heard was Steve Barlow, 2330 18th Avenue S.W. He strongly requested the Council to take action on this hearing tonight Mr. Barlow stated that if they only wanted to vacate half - 33' then they would maintain the Barlow part, the City could maintain the Home Federal part of the street - or Barlows will give Home Federal an easement and Barl-ow will maintain it - but he really needs some- thing. Roger Plumb, Public Services Dir. stated that he would prefer not to have to deal with a half of a street. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Canfield mentioned that if a lien is involved, then the City would need more time to consider this request. Phil Wheeler, Planning Director stated that the City still has the matter of the agreement to consider. This issue that was part of a condition has not been resolved. After Council discussion, Canfield moved, Strain second to adopt Resolution No. 17-91 vacating 6th St. up to the property line (66 feet x 159 feet) ( Home Federal Road ) and the following conditions. 1. The City retain or if necessary be granted by the applicant the right to use the north 43 feet of the area petitioned to be vacated for a general utility easement. 2. The petitioner.provide to the City the description of any additional easment area required by the RPU-Electric Division to protect any existing electrical lines or improvemetns. The Dev. should be required to directly consult with RPU on this matter. 3. ( formerly 4) - The petitioner agree to relocate any fire hydrant at their cost. The hydrants should be so located as required by Public Services. If they will be located outside of the utility easement areas as retained, then additional utility easements should be provided. 5. Steve Barlow initiate the vacation ofthe 66 foot x 159 feet remaining street ROW. Ayes (5), Nays (0).Motion carried. It -is noted that Roger Plumb, Public Services Dir. was not in favor of the vacation leaving the 66 foot x 159' wide road. B-6 A Hearing on the proposed vacation of the Street and Alley ROW and the Utility easements located in the Riverbend area. Having no one present that wished to be heard, President Selby closed the . hearing. Hunziker moved, Strain second to adopt Resolution -No. 18-91 approving the vacation. Ayes (5), Nays (0).Motion carried. C-1 McConnell moved, Strain second to approve the appointment of Minard Petersen to fill the position of Captain in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried. C-2 Strain moved, McConnell second to approve the appointment of Kenneth Middendorf to fill the position of Captain in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3654 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991. Agenda Item C-3 C-4 C-5 C-6 C-7 C-9 C-10 E-1 E-2 E-3 Strain moved, McConnell second to approve the appointment of Thomas Roetzler to the position of Motor Operator in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried McConnell moved, Canfield second to.approve the appointment of Michae' Jacobson to the position of Motor Operator in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried. Hunziker moved, Strain second to approve the appointment of Dale B.-Stockinger to the position of Firefighter in the Rochester Fire Dept. effective Feb. 5, 1991. Ayes (5), Nays (0).Motion carried. Canfield moved, Strain second to approve the appointment of Ralph John Fette to the position of Firefighter effective Feb. 5, 1991. Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to approve the appointment of Daniel Muyres to the position of Detective in the Rochester Police Dept. effective Feb. 1, 1991. Ayes (5), Nays (0).Motion carried. Strain moved, Hunziker second to approve the appointment of Philip J. George to the position of Police Officer in the Rochester Police Dept. effective Feb. 4, 1991. Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to approve the appointment of Barry R. Anderson to the position of Police Officer in the Rochester Police Dept. effective Feb. 4, 1991. Ayes (5), Nays (0).Motion carried. Hunziker moved, Strain second to approve the appointment of Steve Colebeck of 1527 8 112 Avenue S. E. and Don Seed of 4322 Manor View Dr. N. W. to the Committee on Urban Environment. This will be a three year term. Ayes (5), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 19-91 amending the agreement with the DNR on the Mayo Run Watershed to allow a completion date of Sept. 30, 1991. Ayes (5), Nays (0). Motion carried. Hunziker moved, Strain second to approve the acquisition of the proposed property purchases - This is a small piece ( 7 foot strip ) needed for the future widening of 20th St. S. W. Cost is $2,150.00. Ayes (5), Nays (0).Motion carried. Ann Madison of 4063 18th Avenue N. W. wanted to speak to the Council on the proposed assessments for 41st St. N. W. She was late in coming to the hearing held on this project at the 7th of Janaury, 1991. She is opposed to paying the entire amount. She stated that the street served more subdivisions then the area being assessed and that they should pay in accordance. Alderman Strain noted that the Homeowners Association in the area had accepted the assess- ments as brought before the Council. The curb and gutter as previously had been installed was bituminous and it is not concrete. No other comments were heard. 1 L 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3655 .CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991 Agenda Item E-4 Strain moved, Canfield second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 20-91 authorizing a 4% increase in electric rate tariffs effective for all consumption beginning on Feb. 1, 1991. Alderman McConnell stated that the performance appraisal and compensation for the Executive Dir. and CEO was discussed at the SMMPA Board Meeting. There was no formal review or performance appraisal for the Executive Director and CEO. Similar to what has happened in the previous years the compensation committee re- commended an adjustment of approx 5.9% to raise the compensation pack for the Exe. Dir. and CEO from $122,917. to $130,221. I've included a copy of a memo dated Dec. 10, 1990 on this issue. I've also attached a letter dated Jan. 5, 1989 from the SMMPA Ex. Director and CEO on the area of compensation. If you add up all the compensab items that are ABOVE the normal fringe benefit package for SMMPA employees and include the salary plus insurance/benefit payment, you come to a total compensation package of $141,833. Alderman McConnell stated that this salary is all a part of the expenses that allow SMMPA to run its business. He is opposed to the rate increase and is opposed to the huge salary that is given the director each year. It was noted by the Council that Robert Pawelski, Public Utility Dir. voted not to allow the salary increase at the SMMPA Board meeting. Resolution No. 21-91 -approving a 5%,increase in water rate tariffs effective for all consumption beginning on Feb. 1, 1991: Ayes (4), Nays (1). Alderman McConnell voted nay. Motion carried. E-5 Canfield moved, Strain second to approve the following licenses and bonds - list is on the end of the minutes - Ayes (5), Nays (0).Motion carried. E-6 McConnell moved, Hunziker second to deny the request to amend the Rochester Code of Ordinances 125A-Liquor to allow teens into establishments where alcohol is being served. Ayes (5), Nays (0). Motion carried. E-7 McConnell moved, Strain second to approve the issuance of a Sunday On -Sale Liquor License for V.F. W. Post 429 at 322 Fist Avenue S. W. for the period of Feb. 1, thru March 31, 1991. Ayes (5), Nays (0).Motion carried. E-8 Canfield moved, Hunziker second to approve the repealing of R.C.O. No. 109 Salvage Dealers, and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (0).Motion carried E-9 Strain moved, McConnell second to approve the following Misc. Activi- ties: Request received from Tom Stanley of 1608 8 1/2 St. S. E. for a march to commemorate Dr. Martin Luther King Day on Jan. 21, 1991. ige ie RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3656 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991 Agenda Item Lei E-10 E-11 E-12 E-13 E-14 E-15 E-16 Request from Marie Miller of 921 3rd Ave. S. E. for Operation Peace and Justice gathering on Jan. 15, 1991. Previous approvals hav( been given both of this requests. Ayes (5), Nays (0).Motion carried. Canfield moved, Hunziker second to appove the Accounts Payable (list on file with the City Clerk ) in the amount of $2,881,194.80. Ayes (5), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolutions 22-91 thru 26-91 regarding the banking items for the Finance Dept. These cover the depositories and approving facsimile signatures and Assignment of Securities - list on the Request for Council Action dated Jan. 23, 1991. Ayes (5), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 27-91 closing completed impt. projects and transferring unexpended balances in the amount of .$668,997.94. Ayes (5), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 28-91 closing completed local impt. projects and transferring unexpended balances in the amount of $199,681.43. Ayes (5), Nays (0). Motion carried. McConnell moved, Canfield second to adopt Resolutions No. 29-31-91 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 20, 1991 as follows: (2) 112 ton full size pickup trucks; (3) Mid size pickups with Ext. cabs - (1). Diesel Semi -tractor. Ayes (5), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 32-34-91 authorizing the City Clerk to.advertise for bids on the following to be opened at 11:00 A.M. on Feb. 12, 1991. (1) Motor Grader, new or used (2) 31,000 GVW Dump Trucks (1) 52,000 GVW Tandem Dump Truck Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 35-91 approving the agreement with IBEW 949 Office and Clerical for 1991 1992 and 1993 and authorizing the Mayor and City Clerk to sign the agreement for the City of Rochester. Increases range from 4.25% to 4.50% in 1993. Ayes (5), Nays (0).Motion carried. E-17 Strain moved, Hunziker second to approve the annexation by Ordinance 90-13 of 15.11 acres of vacant land in Rochester Township (John C. Lillie ). The City Attorney was instructed to prepare an Ordinance for adoption. Ayes (5), Nays (0).Motion carried. 1 Agenda Item E-18 E-19 E-20 E-21 E-22 E-23 E-24 E-25 Hunzi E-26 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3657 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21- January 23, 1991 McConnell moved, Hunziker second to adopt Resolution No. 35-91 approving an agreement with Peace United Church of Christ allowing them to lease parking spaces which will give them the proper amount of parking required by the Zoning Code. Ayes (5), Nays (0). Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 37-91 approv ing the vacation of the westerly end of 6th St. N.W. located in the 5th St. N. W. ROW just easterly of the Barlow's entrance. Wishing to be heard was the owner - Ed Becker of 1605 6th St. N.W. of NAPPA Auto Parts. He was concerned about the traffic and if Barlows made the entrance into three lanes, then traffic to his business would suffer and not be able to get on and off the highway. Ayes (5), Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No.38-91 acceptinc the cost of $20,000. to be paid to the State of Mn. for the street lights on the 55th St. Bridge over TH 52. Ayes (5), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 39-91 authorizing the City Clerk and Mayor to execute a City/ County Signal Agreement at Collegeview Road at 30th Ave. S. E. Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 40-91 adding Para (87.5) to Sec. E Passenger Loading Zones to read 7th Ave. S. E. on the West Side (3) stalls adjacent to the bldg. 869 7th Ave. S. E. Redeemer Lutheran Church (5 minute limit). Ayes (5), Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 42-91 adding para (166.5) to Sec. B No Parking Zones to read as follows: (166.5) 7th Ave. S. W. on the East side from 7th St. to Memorial Parkway at all times. Ayes (5 , Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No. 43-91 adding para (274) to Sec. No Parking Zones as follows: 59th St. N. W. on both sides from B-andel Rd. to 61st St. N. W. Ayes (5), Nays (0).Motion carried. ?n moved, Strain second to adopt Resolution No. 44-91 approving Supplemental Agreement No. 1 for Project 6202-3-90 and 6301-3-90 2nd St. S. W. and 1st Avenue S.W. J 9127 and 9128 Pavement Overlay in the amount of $1,698.33. Ayes (5), Nays (0).Motion carried, Strain moved, Canfield second to adopt Resolution No. 45-91 approving Supplemental Agmt. No. 1 for Project No. J 9148 Sidewalk Project New 3-1990 in the amount of $1,946.22. Ayes (5), Nays (0).Motion carried. 36519 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - January 23, 1991 Agenda Item E-27 E-28 E-29 E-30 E-31 F=1 F-1 F-1 Strain moved, Hunziker second to adopt Resolution No. 46-91 approving Supplemental Agmt. No. 2'for Project 6202-3-89 J 9067 6th St. S. W.- 4th Ave. S. W. to loth Avenue S. W. in the amt. of $3,002.03. Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to approve the reclassification of Head Custodian position at the Mayo Civic Center to Building Services Supervisor. This is effective Jan. 1, 1991.,Ayes (5), Nays (0).Motion carried. Hunziker moved, Strain second to approve the appointment of Gerald Loftus to the position of Assistant Chief in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried. McConnell moved, Strain second to approve the appointment of Donald Helgerson to the position of Captain in the Rochester Fire Dept. effective Jan. 24, 1991. Ayes (5), Nays (0).Motion carried. Canfield moved, Strain second to retain Barr Eng. on a time and expense basis for work on the former Rochester Gas Manufacturing Site. This bills out at $95.00 per hour. Ayes (5), Nays (0). Motion carried. An Ordinance relating to the Annexation.of 15.11 acres of land in Rochester Township ( Lillie Property ) was given its first reading. An Ordinance Repealing Chapter 109 of Code of Ordinances relating to the licensure of Salvage Dealers was given its first reading. An Ordinance amending Chapter 60 of the Rochester Code of Ord. providing for the placement of Portable and/or Free Standing Changeable Message Board Signs was given its second reading. Strain moved, Hunziker second to adopt the Ordinance as read. Ayes (5). Nays (0).Motion carried. Having no further business, Strain moved, Canfield second to adjourn the meeting. Ayes (5), Nays (0).Motion carried. o City Clerk I -