HomeMy WebLinkAbout07-01-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA ��'��-
Regular Meeting No. 4 - July 1, 1991
Agenda
Item
A-1 President Selby called the meeting to orderat 2:00 P.M., the follow-
ing members being present: President Selby, Aldermen Canfield,
Crawford, Hunziker, McConnell, Petersson, and Solinger. Absent:None.
D-1 This item will be held at the evening meeting.
E-1 Petersson moved, Crawford second to adopt Resolution No. 334-91
abolishing Resolution No. 500-78 stating that sidewalks will not
be required on cul-de-sacs where pedestrian usage would be minimal
rescinding subsection (3) of that said resolution effective
for any application for a permit for the consturction of a building
in a subdivision on the final plat for which was approved June 30,
1991 thereafter. It is the Council's intent that the issue of side-
walks on any parcel of property shall be governed by Ordinance No.
1543 ( Feb. 2, 1970.) Upon Roll call vote, Aldermen Crawford,
Hunziker, McConnell, Petersson and'President Selby voted aye. Ayes(5
Aldermen Canfield and Solinger voted nay. Nays (2). Motion carried.
E-2 McConnell moved, Petersson second to adopt Resolution No. 335-91
approving a contract agreement with Thein Well Company, Inc.
for the Golden Hill Area and RPU Well Sealing in the amount of
$66,050.00. Ayes (7), Nays (0).Motion Carried. This Resolution
was approved by the Rochester Public Utility Board.
E-3 Solinger moved, Canfield second to approve the following licenses
and bonds:
Mc.Hugh Excavating and Plumbing of Onalaska Wisc. for a Sewer and
Drain License for the period of July 1, 1991 thru Dec. 31, 1991.
Application from ARC Minnesota of Mpls. Mn., for a Temp. Gambling
(raffle) permit for the Kahler Hotel on Sept. 21, 1991.
Request from Scott Trebelhorn DBA-Elton Hills AMOCO for a
of the Over the Counter Cig. Lic. from July 1 thru April,
Keith Groth DBA Golden Hill AMOCO for the transfer of the
the -Counter Cigarette License from July 1, 1991 thru April
Request from the Rochester Park and Rec. for their annual
A Thon on June 29, 1991 - This had prior approval.
Request from Landmark Concrete Inc. from Ham Lake, Mn. for
to construct Cement Sidewalks, Curb,Gutters and driveways
transfer
1,1992.
Over-
1,1992.
Radar Whee'
a license
f rom
July 1, 1991 thru Dec. 31, 1991.
Request from the Rochester Jaycees for a Temp. On -Sale Non-Intoxicat.
3.2 beer license for the Olmsted Co. Fairgrounds on July 10, 1991.
This is for the Mayo Clinic picnic.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Petersson second to approve the request for a
50th Wedding Anniversary dance in honor of Mr. and Mrs. Galen Raymoi
at 223 21st Avenue S. W. on August 3, 1991 from 7:00 P.M. to 11:00
P.M. Ayes (7), Nays (0).Motion carried.
�,��� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 1, 1991
Agenda
Item
E-4 Hunziker moved, Petersson second to approve the Accounts Payable
in the amount of $739,970.63 - list on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
E-5_ Petersson moved, Hunziker second to approve the reduction in park
dedication from $10,440.00 to $8,370.00 for plat 91-2 - Northern
Slopes Sixth Sub. Ayes (7), Nays (0).Motion carried.
E-6 Petersson moved, Crawford second to approve the agreement transfer
of land between the Payne Company and the City of Rochester, Mn.
The transfer was approved at the June 3, 1991 meeting. Ayes (7),
Nays (0).Motion carried.
E-7 Crawford moved, Hunziker second to adopt Resolution No. 336-91
authorizing the Mayor and the City Clerk to execute the Labor
Contract between the City of Rochester and IBEW 949 for 1991,1992
and 1993. Alderman Jean McConnell stated the following:
"Whether we agree or disagree with the proposed Utility Workers
9 9 p P y
contract the fact is, it is being discussed in Open Debate at the
Council table, and we will vote on it in recorded votes before the
public.
In marked contrast to this admirable open process, when we vote on
the wage increases for City Officials, the practice, for years, has
been voting in a secret telephone poll, with votes unnamed and un-
recorded -- and carefully hidden from public scrutiny.
I have deplored this practice -- to no avail-- for years. I deplore
it now, I will continue to deplore it.
In case anyone feels I am alone in this attitude,I will say that I
have run this issue , this practice, by many scores of my constituen
I have yet to find one person, one taxpayer, who is not shocked and
scandalized that such secrecy prevails in an enlightened city, in
this day and age.
In short, I am in favor of OPEN GOVERNMENT, as represented by this
wage contract. I am utterly opposed to secrecy in City Hall, in
other wage settlements.
Ayes (5), Nays (2). Aldermen McConnell and Canfield voted nay. Motioi
0 d.Min. rr AAlld maq C nfield voted aye. Ayes (6), Nays Sd in�ie menu es.
0
E-8 Petersson moved, Hunziker second to adopt Resolution No. 337-91
authorizing the elimination of two positions in the Rochester Public
Utility Dept. of Meter Reader Foreman and Customer Service field
representative and establish one additional Meter Reader position
and a Lead Customer Service Field Rep. position. Ayes (7), Nays (0).
Motion carried.
E-9 Hunziker moved, McConnell second to adopt Resolution No. 338-91
approving the Minn. Housing Finance Agency Home Improvement
Deferred Loan Program for Rochester and the balance of Olmsted Co.
Ayes (7), Nays (0).Motion carried.
E-10 Hunziker moved, Petersson second to return the unused Low Income
Housing Tax Credits to MHFA and return $750. of $1,500. application
fee to the developer. This was necessary because the Dev. could not
et a PUD amendment and thus did not need this. Ayes (7), Nays (0).
otion carried.
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RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 1. 1991
Agenda
Item
E-11 Petersson moved, McConnell second City Planing and Zoning Commission
Initiated Annexation by Ordinance Request 91-8 of Randy and Candace
Schacht and Patrick and Laurie Nelson for 305 and 307 Highland Ct. S.
one lot north of 4th St. S. W.and S. and W. of the Aspens Dev.
Ayes (7), Nays (0).Motion carried.
E-12 Hunziker moved, Petersson second to table the request for a Prelimina
Plat to be known as Manor Woods West 5th Sub. More information is
needed regarding the outstanding assessments, detention pond, etc.
Ayes (7), Nays (0).Motion carried.
E-13 Solinger moved, Hunziker second to adopt-Re'solution No. 339-91
setting a hearing for August 5, 1991 on the proposed vacation of a
Public Utility easement on a portion of 10' wide easement located
on L 1 B 1 Moehnke's First Sub. ( Resurrection Lutheran Church ).
Ayes (7), Nays (0).Motion carried.
E-14 Canfield moved, McConnell second to adopt Resolution No. 340-91
acquiring a street -.easement in the northerly 7.0 feet of the
westerly 126.37 feet of the property located at 308 20th St.
S. W. for the amount of $1,300.00. Ayes (7), Nays (0).Motion carried.
E-15 Crawford moved, Petersson second to approve the revisions to Subd.
5 Chapter 77 of the City Code of Ordinances regarding the current
billing practice covering sewer charges. The City Attorney will
draft an Ordinance for this change. Ayes (7), Nays (0).Motion carried
E-16 Canfield moved, Hunziker second to adopt Resolution No. 341-91
authorizing the City Clerk to advertise for bids on Project 5710-90
J 4359-Phase.II Trunkline San. Sewer Ext. from a point 80 feet Nly
of the North Line of Manorwood Lakes Sub. to the 24 inch Trunkline
on the South side of TH no. 14. Bids will be received at 11:00 A.M.
on July 31, 1991. Ayes (7), Nays (0).Motion carried.
E-17 Hunziker moved, Petersson second to adopt Resolution No. 342-91 and
343-91 approving the project and ordering a hearing to be held on
August 5, 1991 on Residential Alleys at five locations in the City
This is Project 9103 J 9179. The hearing will be held on Aug. 5,
1991. Ayes (7), Nays (0).Motion carried.
E-18 Solinger moved, Crawford second to adopt Resolution No. 344-91 and
345-91 ordering the assessment roll and a public hearing for August
5, 1991 on Project No. 6203-3-89 J 9080 - Ext. of San. Sewer and Wate
main along the South side CSAH # 34 to serve Stuart Sub. Ayes (7),
Nays (0).Motion carried.
E-19 Petersson moved, Hunziker second,A---adopt Resolution No. 346-91 and
347-91 declaring the-.costs�o be assessed and ordering a public
hearing on August 5,- 1991 on-Project•6255-4-90 J 9152 -
Extension of San. Sewer and Watermain along the north side of 55th
St. N. W. from 25th Avenue N. W. to 23rd Avenue N. W. Ayes'(7),
Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
37. CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 1, 1991
Agenda
Item
E-20 Canfield moved, Crawford second to adopt Resolution No. 348-91
awarding the low bid of $26,921.50 ( This was the qualifying low bid
for New Sidewalk Project No. 2-1991 J 9187. Ayes (6), Nays (1).
Motion carried. Alderman Petersson voted nay.as she is opposed to
the Watkins property being included in this project.
E-21 Petersson moved, Hunziker second to adopt Resolution No. 349-91
accepting the low bid by Doyle Conner, Inc. in the amount of
$25,718.35 for New Sidewalk Project No. 1 and 2 J 9186 and 9161.
Ayes (7), Nays (0).Motion carried.
E-22 Canfield moved, McConnell second to adopt Resolution No. 350-91
accepting the bid of Doyle Conner Co. in the amount of $45,734.90
for Sidewalk Replacement Project No. 3-1991 J 9188 - Ayes (7), Nays
(0).Motion carried.
E-23 Crawford moved, Petersson second to adopt Resolution No. 351-91
accepting the bid of Doyle Conner Co. in•the amount of $62,362.00
for Sidewalk Replacement Project No. 4-1991 J 9189 - Ayes (7),
Nays (0).Motion carried.
E-24 Hunziker moved, Canfield second to adopt Resolution No. 352-91
awarding the low bid of $496,118.70 for Project No. 9100-91 J 9175
Sanitary Sewer and Water Ext. to serve Pine Ridge Estates 1st Sub.
This is contingent on the assessment agreement being signed by the
Developer. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Annexing to the City 305 and 307 Highland Ct. S. W:
(Planning and Zoning Initiated ) was given its first reading.
F-1 An Ordinance Amending Section 77.02 (5) of the Roch.Code of Ord.
Relating to the Sewer Service Charge System was given its first
reading.
F-1 An Ordinance Creating Sec. 97.27 of the RCO Relating to the Creation
of a Limousine Franchise in the City of Rochester to be known as
Continental Limousine was given its second reading. Solinger
moved, Hunziker second to adopt the Ordinance as read. Ayes (7),
Nays (0).Motion carried.
F-1 An Ordinance Annexing approx. 5.24 Acres of Land situated in the SW
1/4 of the SW 1/4 of Sec. 14, T 107N R 14 - Mike Young property
was given its second reading.- Canfield moved, McConnell second
to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning certain'property.and amending Ord.-_1659 known
as.- PUD 90-4 ---in the NE .1/4 of the SE 1-/4. of Sec.`.23 3107N R1`4W
wsa..given its second reading. McCo.nnel-1 moved, Petersson"'.second to
adopt,.. the Ordinances-s_:read. Ayes.(7); Nays, (0)..Motion carried
F-1 Hunziker moved, Solinger second to approve the Owner Contract
with Essex Esates Multi-Fam. area - Mona Inc. and McHugh Excavating
and Plumbing. Ayes (7), Nays (0).Motion carried. Res. 353-91 was
adopted.
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Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 37519
Reqular Meetinq No. 4 - July 1, 1991
Hunziker moved, Solinger second to adopt Resolution No. 354-91
approving an owner contract for Basic Construction in Kings Run Sub.
Dakota of Rochester and Elcor Inc. Ayes (7), Nays (0).Motion carried.
Petersson moved, Crawford second to adopt Resolution No. 355-91
approving an owner contract for Basic Construction in FoxCroft
6th Sub. Foxcroft Corp. and E1cor Construction Co.Ayes (7), Nays (0).
Motion carried.
Petersson moved, Hunziker second to remove the request for a new
Sidewalk on Both Sides of Cortland Lane S. W. from the table.
Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second
to adopt Resolution No. 356-91 approving the project and ordering
bids to be opened on July 31, 1991. Ayes (6), Nays (1). Alderman
McConnell voted nay. Motion carried.
Having no further business Solinger moved, Canfield second to adjourn
the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried.
President Selby called the meeting to order at 7:30 P.M., the follow-
ing members being present: President Selby,Aldermen Canfield (7:35 )
Crawford, Hunziker, McConnell, Petersson and Solinger (7:35).
Absent: None.
Petersson moved, McConnell second to approve the minutes of the
June 17, 1991 meeting. Ayes (7), Nays (0).Motion carried.
A Hearing on the Delinquent Sewer and Water Charges on 195 South
Broadway. Having no one present that wished to be heard, President
Selby closed the hearing. McConnell moved, Crawford second to
adopt Resolution No. 357-91 accepting the assessment. Ayes (5),
Nays (0).Motion carried.
7:35 P.M.
A Hearing on the Project No. 6206-3-89 J 9067 - Street Reconstructio
on 6th St. S. W. -4th Avenue to loth Avenue S. W. Having no one
present that wished to be heard, President Selby closed the hearing.
Canfield moved, McConnell second to adopt Resolution No. 358-91
accepting the assessments. Ayes (7), Nays (0).Motion carried.
A Hearing on the Zone Change Request 91-6 ( New Century Ventures
(Rochester) Inc.)
Wishing to be heard was Mac Hamilton of 410 60th Ave. S. W. and
urged the Council to approve this. Wishing to be heard was Ken
Moen, Attorney with Dunlap Office and stated that this property
located at 455 llth Avenue N. W. is surrounded by B-4 businesses.
It is a small site, but could become a giant in the B-4 district.
It is good for this type of zoning as it is in the middle of a high
traffic area. and centered geographically and he feels that this
is a good spot. He urged the Council to approve this.
�►7r�� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 1, 1991
Agenda
Item
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W.
Alderman Crawford asked Mr. Ellerbush of the Planning Dept. if a
conditional use permit in a B-lb would be O.K. Mr. Ellerbush stated
that it would but no conditional use permit would be necessary in a
B-4 zone. Having no one else present that wished to be heard,
President Selby closed the hearing. Solinger moved, McConnell secon(
to approve the change and instruct the City Attorney to prepare a
zone change Ordinance for adoption. Ayes (5), Nays (2). Alderman
Crawford and Petersson voting nay. Motion carried.
A Hearing on the Final Plat of Baihly Meadows Sub. Wishing to be
heard was Ron Bailey of Yaggy Colby Assoc. and represents the
applicant. He spoke to the conditions and urged the Council to
approve this plat. Having no one else present that wished to be
heard, President Selby closed the hearing. McConnell moved,
Petersson second to adopt Resolution No. 359-91 approving the plat
subject to the conditions as listed on the Planning Staff report
on the Request for Council Action. Ayes (7), Nays (0).Motion carried
It is noted that Condition No. 1 be done sometime in the future.
A Hearing on the Zone Change Request No. 91-7. Wishing to be heard
was IForrest Sargeant of 7925 18th Avenue N. W. He urged the Council
to approve this as it is an extension to his nursery on 2nd St.
Having no one else present that wished to be heard, President Selby
closed the hearing. Petersson moved, Crawford second to approve
the zone change and instruct,the City Attorney to prepare an
Ordinance for adoption. Ayes (7), Nays-.0).Motion carried.
A Hearing on the Final Plat to be called Interlachen. Wishing to be
heard was Mac Hamilton of 410 60th Avenue S. W. and introduced
Steve Schuller also involved in the plat. They were present for
any questions the Council may have. Wishing to be heard was
Bill Tointon of McGhie and Betts and stated that the 9 conditions
were acceptable. Having no one else present that wished to be
heard, President Selby clsoed the hearing. The Council had question
on the lake access and dedication of Outlot "A" etc. After lengthy
Council discussion on the lake frontage and who is responsible for
what, Hunziker moved, Petersson second to table this item until
agreements can be made on the land swaps ( if any ) etc. Ayes (7),
,Nays (0).Motion carried.
A Hearing on the Proposed Reassessments on Project 8006 Water Tower
to serve High Level Dist. S. W. and Project 6107 San. Sewer Hilmer's
High View Acres - Golden Hill and toogood Plaza. Wishing to be hear(
was Dave Alexander of 507 18th St. S. W. and wanted to know how
his property was reassessed. He also stated that very very poor
construction work was done and that he had 13 major patches in front
of his house and the sod was not good, etc. Roger Plumb, Public Serv-
Director stated that an Appraiser is hired to do the reassessing.
Alderman Canfield stated that he.had complaints from Eloise Dresbach
on the various amounts of assessment figures she has received. The
City will look into this situation. Wishing to be heard was
Eloise Dresbach of 600 Toogood Ct. and confirmed the above.
Ices
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Regular Meeting ITNYo 04 ROJu ly SITER9CIINNESOTA �'��7
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Agenda
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B-7 Fred Regal of 419 18th St. S. W. and stated that he has water
drainage problems that occurred with the project. He never had
water drainage problems before. It cost him $3,000. to correct this
problem and he is requesting a refund.
Wishing to be heard was Bill Kuisle of 605 18th St. S. W. and
wondered about the assessment procedure he has counted 48 street
repairs to Broadway and water is constantly running over his street.
Sharon Roberts of 412 18th St. S. W. wants to be treated like the
other families that have been reassessed and she thinks this amount
is too high.
Letters were also received in opposition.
Having no one else present that wished to be heard, President Selby
closed the hearing. After'Council.debate, McConnell mvoed,
Petersson second to table this for further study. Ayes (6), Nays (1).
Alderman Solinger voted nay. Motion carried.
B-8 A Hearing on the Proposed Reassessment on Project 8729, 8752 and 8993
Water Tower and Trunkline San. Sewer. Having no one present that
wished to be heard, President Selby closed the hearing. Canfield
moved, Petersson second to table this for further information.
Ayes (7), Nays (0).Motion carried.
B-9 A Hearing on the proposed Hazard property located at 408 and 410
17th Avenue N.E. Wishing to be heard was Gary Burkholder of 322 17th
Avenue N. E. and is concerned about this property. Kids play in it
and broken glass is around plus broken boards, rodents, etc. he
wants to see this.cleaned up. Wishing to be heards was Linda Lockner
of 1610 5th St. N. E. and stated that this property has lowered the
value of the homes in the area. She wants this cleaned'up.
Since this hearing has not been published, Petersson moved, Hunziker
second to continue this hearing until July 15, 1991. Ayes (7),
Nays(0).Motion carried.
D-1 Wishing to be heard was Allen Vander Meulen III and urged the Council
to adopt a Resolution urging the WestMarc Cable company to put
TBN Religious station back on the Cable channel. Approx. 350 people
signed a petition urging the cable to reconsider. Many shut-ins
use this channel as the only means of getting religion and they also
stated an interest in this being put back on the channel network.
He stated that he knows that the City has no jurisdiction in this
matter, but felt that a resolution would be advantageous in any
regard.
Bob Loos, Manager for WestMarc Cable was present that explained that
the TBN channel lost the right to be put on cable. TBN also built
a station of their own as they did not want to share a channel with
someone else. Alderman McConnell questioned "Are you telling us that
there are no mechanics to force the cable system to carry anything.
Mr. Loos stated "No", but programming is a different matter to
address. After Lengthy Council discussion, No action was taken
and this will be brought back July 15, 1991 to see what may or may
not be done with this request.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3759' CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 1, 1991
Agenda
Item
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F-1
Crawford moved, Petersson second to remove the Request for an
increase and standardization of charges for Police requested tow
from the table. Ayes (7), Nays (0).Motion carried.
Canfield moved, Crawford second o adopt R solution No. 360-91
accepting the new rates. Ayes (7), Nays (0 Motion carried.
An.Ordinance Rezoning proeprty to B-4 on Cascade Manor Lots 9 and 10
N 4 112 St. N. W. E 150 Ft. Lot 11 and.Lot 12 less W. 50 Feet less th
Pt Lot 12 dedicated for street purposes was given its first reading
An Ordinance Rezoning to B-4 Lot 5, Blk 11., West Zumbro Addition
purposes Blk 5 was given its first reading.
Having no further business, Canfield moved, Solinger second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
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y Clerk