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HomeMy WebLinkAbout08-04-1997RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular let09 H S - Augu tESOQ97 5029 Agenda Item President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Marcia Marcoux, Jean McConnell, David Senjem and Walter Stobaugh. Absent: Councilmember Ed Hruska. B-1 A Hearing on Expanding Residential Permit Parking Zone 5 Onto Second Street N.W. On the North Side, From 11th to 16th Avenue. Wishing to be heard was Kelvin Krosschell, 1334 Fourth Avenue S.E.. Mr. Krosschell challenged the Council on the validity of the parking permit zones saying that they do not solve the, parking problems but merely move the problem to another area. Wishing to be heard was Rebecca Humberg, 1123 Second Street N.W.. Ms. Humberg stated that she initiated the petition for the permit parking. She asked that it be approved so that residents can park by the front of their own houses. She mentioned that much of the problem is St. Mary's employee parking. It was noted that only the 1100 block had at least 60 percent of the residents in favor of the permit parking restriction as required by ordinance. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Marcoux moved, Evans seconded, to adopt Resolution No. 417-97 adding Paragraph (2) to Zone No. 5 of Section ., "Permit Parking" so as to read: 2) Second Street N.W., on the north side, from 11th Avenue to 12th Avenue, 8:00 A.M. to 9:00 A.M., Monday through Friday. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on Local Improvement Project No. 6301 1/2-2-96 (J-9359) "Reconstruct North/South Alley Connecting 3rd Street S.E. and 4th Street S.E. One -Half Block East of Broadway". Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Stobaugh moved, Senjem seconded, to adopt Resolution No. 418-97 ordering Project No. 6301 1/2-2-96 (J-9359) to be made. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on Assessment of Local Improvement Project No. 6301 1/2-2-96 (J- 9359) "Reconstruct North/South Alley Connecting 3rd Street S.E. and 4th Street S.E. One -Half Block East of Broadway". Having no one wishing to be heard, President Hunziker closed the hearing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 5030 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - August 4, 1997 Agenda Item C-2 & C-4- 10 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 419-97 levying the proposed assessment for Project No. 6301 1/2-2-96 (J-9359). Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to approve the following consent agenda items: No minutes were available for approval. Adopt Resolution No. 420-97 approving a revocable permit for a canopy at 10 South Broadway for Dean Van Riper of Custom Canvas Plus. See at the end of the C section. Approve the use of the street in the 10 block of Second Avenue N.W. for a free BBQ on Thursday, August 7, 1997 sponsored by Local 21 for its membership. Approve Accounts Payable in the amount of $1,210,569.36. Approve the Quarterly Investment Report for the Second Quarter of 1997. Adopt Resolution No. 421-97 approving the execution of the First Amendment to the Contract between the City of Rochester and Law Enforcement Labor Services, Inc. for the Police Department for the 1996-1998 Contract. Adopt Resolution No. 422-97 approving the Maintenance Agreement with the State of Minnesota for routine maintenance of 2.608 miles of state highway within the City of Rochester. Adopt Resolution No. 423-97 entering into Utility Connection Agreements with property owners for 32nd Street N.E. in Morris' Second and Third Subdivisions; Resolution No. 424-97 levying unpaid charges against property if payment of the connection charges and fees are not made by December 1, 1999; and Resolution No. 425-97 levying supplemental assessments against property if the property is not connected to the public sanitary sewer and watermain system by December 1, 2001. Adopt Resolution No. 426-97 entering into Utility Connection Agreements with property owners Hillcrest and Terryville Subdivisions; Resolution No. 427-97 levying unpaid charges against property if payment of the connection charges and fees are not made by December 1, 1999; and Resolution No. 428-97 levying supplemental assessments against property if the property is not connected to the public sanitary sewer and watermain system by December 1, 2001. Ayes (6), Nays (0). Motion carried. E C-3 ICouncilmember Senjem asked about the present policy and ordinances which governed house movers and moving in the City of Rochester. Although the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular 1Vlee h'g HNoS 1 S - AugustE�, 1�97 5 6 31 Agenda Item house move by Bahl Movers of Blaine, Minnesota had been previously approved, Councilmember Senjem stated that he would be voting against the permit issuance as a matter of principle. A situation arose as a result of the Highway 52 buy-out of homes by MNDOT on 16th Avenue N.W. The contracted house mover failed to obtain moving permits, secure approval for the move from City Departments and adhere to the City's noise ordinance. Councilmember Senjem also stated that residents in the area of the move should be notified. Steve Kvenvold, City Administrator, noted that the movers must follow the noise ordinance in preparation for the move. However, the noise ordinance does not pertain in the actual move when the houses have to be moved at sunrise and usually on weekends, as determined by the Police Department. He indicated that a letter will be sent to Bahl House Movers that they need to obtain permits and follow City ordinances for any future moves. The licenses and miscellaneous activities that were also considered were: Beer - On -Sale Temporary 3.2 St. Anargyroi Greek Orothodox Church - Annual Greek Festival - August 25, 1997 Circus/Carnival Bill Hames Shows - Olmsted County Fair - July 28 through August 3, 1997 Gambling - Premise Permit Renewal AFL-CIO Labor Club, 4 Fourth Street S.W. Multiple Sclerosis Society at Club 63, 1726 South Broadway and Kings Crossing Bar & Grill, 921 Civic Center Drive N.W. Dover Fire Relief Association at Fabe's Sports Bar, 530 11th Avenue N.W House Movers Bahl Movers, Inc., Blaine, Minnesota - houses moved from 1733 and 1821 16th Avenue N.W. to Haycreek Township near Red Wing, Minnesota Heating Contractor Maintenance Team, Inc., Edina, Minnesota Master Installer Timothy Peterson, Columbia Heights, Minnesota Master Plumber Larry Denison DBA Denison Plumbing, Inc., LaCrosse, Wisconsin Sound Amplification Permits Bethany United Methodist Church - Peace Plaza on August 31, 1997 and Bethany Parking Lot at 1835 19th Avenue N.W. on September 15, 1997 Mayo Clinic General Thoracic Surgery Unit - Eastwood Park - August 23, 1997 5032 Agenda Item D-1 D-1 E-1 E-2 E-3 E-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - August 4, 1997 TGI Friday's Restaurant, 300 Highway 52 North - September 9, 1997 (waive time restriction of 8:00 PM) Rochester Village Apartments - Block Party at 2015 41st Street N.W. August 5, 1997 (waive time restriction of 8:00 PM) Miscellaneous Activities Rochester Crop Walk Committee - Peach United Church - October 4, 1997 Alzheimers Association - Silver Lake Pavillion Area - September 6, 1997. Councilmembers Stobaugh moved, McConnell seconded, to approve the licenses and miscellaneous activities. Ayes (4), Nays (1), Abstain (1). Motion carried. Councilmember Senjem voted nay; Councilmember Evans abstained saying that he was not in favor of the TH52 project. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 429-97 referring the petition for Storm Sewer and Concrete Curb and Gutter on Sixth Street N.W. from 900 to 11th Avenue N.W. to the Public Works Department. Ayes (6), Nays (0). Motion carried. No one wished to be heard in the public comment section. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 430-97 establishing the monthly mileage payment as $100 for the Council President and $85 for each ward Councilmember, effective January 1, 1998. Discussion. Councilmember McConnell indicated that he would vote nay on the motion. He felt that $85 per month would not be sufficient for the use of his car used during the course of City business. Ayes (5), Nays (1). Motion carried. Councilmember McConnell voted nay. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 431-97 approving the settlement agreement with General Accident Insurance relating to the former landfill and sludge lagoon site subject to the City Attorney's approval on contents of the actual settlement agreement. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Evans seconded, to table the discussion on the proposed amendment relating to Bed & Breakfast facilities. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 432-97 entering into a contract with TSP-Eos in the amount of $7,650 for Part I for design services for the remodeling of the former Health Department Building. Ayes (6), Nays (0). Motion carried. 1 FJ RECORD. OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Regular Meet�g H ST1 � - AugustE4, 1997 5 0 3 3 Agenda Item Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No. 433-97 entering into a contract with HGA in the amount of $36,000 for the design of the Woolworth skyway bridge contingent upon the development agreement issues being resolved. Ayes (6), Nays (0). Motion carried. E-6 Councilmembers Evans moved, Senjem seconded, to adopt Resolution No. 434- 97 entering into a purchase order agreement with DPC Industries, Inc. for a three-year supply of water treatment chemicals at a cost not to exceed $216,979.94. Ayes (6), Nays (0). Motion carried. E-7 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 435-97 entering into a professional services agreement with Braun Intertec to implement a Pavement Management System for the City of Rochester. Ayes (6), Nays (0). Motion carried. E-8 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 436-97 entering into an agreement with Olmsted County Soil & Water Conservation District for a fee of $1000 per month relating to urban plat review and site inspections. Ayes (6), Nays (0). Motion carried. E-9 Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 437-97 entering into a Flood Hazard Mitigation Agreement with the Department of Natural Resources concerning flood problems occurring in the downstream portion of Mayo Run in the vicinity of 15th Avenue S.E. Ayes (6), Nays (0). Motion carried. E-10 Councilmembers Stobaugh moved, Marcoux moved, to adopt Resolution 438-97 authorizing the City Clerk to advertise for bids for August 27, 1997 for Project No. 6301 1/2-2-96 (J-9359) 'Reconstruct North/South Alley Connecting 3rd Street S.E. and 4th Street S.E. One -Half Block East of Broadway". Ayes (6), Nays (0). Motion carried. E-11 Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 439- 97 awarding the contract for Waterproofing and Concrete Roof Repairs at the Water Reclamation Plant to Sheehy Construction Company, Inc. of St. Paul, Minnesota in the amount of $810,690. Ayes (6), Nays (0). Motion carried. F-2a An Ordinance Amending the Provisions of Ordinance No. 3066 Which Adopted An Interim Ordinance As To Ordinance No. 3020, Regulating Bed and Breakfast Facilities, was given a first reading. F-3a An Ordinance Annexing to the City of Rochester Approximately 10.88 Acres of Land Located in the West Half of the Southwest Quarter of Section 8, Township 107 North, Range 14 West, Olmsted County, Minnesota, was given a second reading. Councilmembers Senjem moved, McConnell seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Land located north of 55th Street N.W. and east of 50th Avenue N.W.) r_�5034 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - August 4, 1997 Agenda Item F-4a F-4b F-4c Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 440-97 entering into a City -Owner Contract with Arnold Bomgaars and Elcor Construction for Project No. J-9429 "Basic Construction in Northern Heights North Second Subdivision (Lots 1-13, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 1-8, Block 4). Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 441-97 entering into a City -Owner Contract with Carlos O'Kelly's, Inc. and Road Constructors, Inc. for Project No. J-9437 "Watermain Extension in 48th Street N.W. from West Frontage Road TH 52 North to West Property Line of Carlos O'Kelly's Restaurant". Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to adopt Resolution No. 442-97 entering into a City -Owner Contract with Hy-Vee Foods Store, Inc. and Elcor Construction, Inc. for Project No. J-9439 "Extension of Watermain in South Zumbro Plaza and Extension of Storm Sewer to Zumbro River". Ayes (6), Nays (0). Motion carried. Having no further business, Councilmembers Senjem moved, Marcoux seconded, to adjourn the meeting. Ayes (6), Nays (0). Motion carried. City Clerk 11