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HomeMy WebLinkAbout11-07-1977Agenda Item A-1 C-1 C-2 D-1 D-3 E-1 E-2 E-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7', COUNCIL 1977 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Gray, Larson, Powers, and Solinger. Alderman Strain was absent. Solinger moved, Gray second to approve the minutes of the October 17, and October 27, 1977 meetings. Ayes (6), Nays (0). Motion carried. Allen moved, Larson second to approve the Appointment to the Downtown Development•District Advisory Board of Mr. Paul McCue of 1209 21st St. N. E. Mr. McCue will replace Mr. Alan Rich who resigned. Ayes (6), Nays (0). Motion carried. Powers moved, Gray second to approve the Reappointments to the Build- ing Code Board of Appeals of Robert E. Richmond 1416 14th Avenue N. E and Richard Hexum of 805 19th Street N. W. The two year terms will expire November, 1979. Ayes (6), Nays (0). Motion carried. Robert Moore a member of the Rochester Human Rights Commission wished to be heard concerning a complaint against fees charged by the'City Park stating that married couples were given a rate reduction vs a single person paying more for golf. The Council referred this matter to the Committee of the Whole for further discussion. Larson moved, Powers second to adopt the prepared Resolution No. 577- 77 referring said petition for grading, surfacing and watermain in 17 St. S. E. abutting Lot 2, Block 1, Rochester Villas to the Public Services Department for the preparation of a feasibility report. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to approve the recommendations of the Committee of the Whole ( Table A ) eliminating the No. 7. Chief of Police appointing authority of Table A and instruct the City Attorney to draft all of the necessary legal documents or instruments which may be required to implement the Council's actions. Upon Roll Call- vote, A1.der.men Allen, Larson, Powers and Solinger and President Postier voted aye. Ayes (5), Alderman Gray voted nay. Nays (1).. Motioi carried. Allen moved, Larson second to approve the purchase of the Old National Guard Armory Building on North Broadway for the sum of $45,000.00 and instruct the City Attorney to prepare the lease agree- ment. Ayes (6), Nays (0). Motion carried. Solinger moved, Powers second to approve and authorize United Electric Corporation• 2114 Second St. S. W. to connect to City sewer and water subject to the extension of an agreement where United Electric Corporation agrees. to: 1. Pay all deferred assessments outstanding against the property and 2. Designate the City of Rochest( as their agent in filing a petition for annexation and instruct the City Attorney to prepare the necessary agreement for execution. Ayes (6), Nays (0). Motion carried. !r 7G3 7G_1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-4 E-5 E-6 E-7 E-10 E-11 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Larsoni:moved, Gray second to approve the requests for payment/ construction at the Rochester Municipal Airport: Alvin E. Benike, In $18,759.60 for Periodic Estimate No. 2 and Alvin E. Benike, Inc: for Periodic Estimate No. 3 in the amount of $28,017.90 and to Miller Dunwiddie Architects, Inc. $1,978.19. These payments are for work completed to date on the central boarding concourse construction at the Rochester Municipal Airport. Ayes (6), Nays (0). Motion Carried. Gray moved, Larson second to approve the retention of Smith, Schafer and Company to conduct an audit for the City of Rochester 1977 fiscal year. The State of Minnesota would conduct their next compliance audit of the City financial affairs for the 1979 fiscal year. Ayes (6), Nays (0). Motion carried. Allen moved, Solinger second to adopt the prepared Resolution No. 5 77 authorizing the conveyance by quit claim deed to G.S. Schuster and Fred W. Schuster of vacated 5th Street S. W. and Block 9, Original Plat between 1st Avenue S.W. and South Broadway. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to approve the following licenses and bonds: Application to hold a dance at the Mayo Civic Auditorium November 26, 1977 by the Jobs Daughters. Request for an Auctioneers license received from St. Charles Insurance Agency, B.A. Smith and Sons to hold a coin sale Thursday November 10, 1977 at the Holiday Inn South at 7:00 P.M. Applications were received for Bingo licenses Rochester Eagles, F.O.E. Aerie No. 2228, Inc.; Wm T. McCoy Post No. 92; B.P.O. Elks Lodge No. 1091 , Inc. and the Church of St. Francis of Assisi. Ayes (6), Nays (0). Motion carried. Gray moved, Solinger second to authorize the purchase of Rock salt on the open market on a quotation basis. No bids were received for the season's supply of rock salt for.the Street and Alley Dept. Ayes-(6), Nays (0). Motion carried. Solinger moved, Powers second to approve and adopt Resolution No. 579-77 approving the request for the City Clerk to advertise for bids on installation of a slubdrain system at Fire Station No. 4. Ayes (6), Nays (0). Motion carried. Bids opened Nov. 30, 1977. Solinger moved, Allen second to adopt the prepared Resolutions No. 580-77 and 581-77 requesting the City Clerk to advertise for bids on a hydrostatic street flusher for the Public Services Department and a 32,500 GVW tilt cab truck chassis for the Park Department. Bids to be opened -November 29, 1977. Ayes (6), Nays.(0). Motion carrii Solinger moved, Powers second to approve the semi-monthly bills ( list attached ) in the amount of $1,242,899.50. Ayes (6), Nays (0). Motion carried. 0 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 765 Agenda Item E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 E- 20 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Gray moved, Allen second to adopt the prepared Resolution No. 582-77 initiating annexation proceedings in accordance with the Orderly Annexation agreement of 6.18 acres of land located along the West Side of U.S. 52 across from the Miracle Mile Shopping Center ( Helen Mount ). Ayes (6), Nays (0). Motion carried. Powers moved, Gray second to adopt the prepared Resolution No. 583- 77 initiating annexation proceedings of 56 acres of land located immediately south of the Minnesota Department of Transportation along U.S. 52 North ( Klee Property ). Ayes (6), Nays (0). Motion carried. Solinger moved, Powers second to adopt the prepared Resolution;No. 584-77 approving the Metes and Bounds conveyance of unplatted land located between Northridge Second Subdivision and Valley High Drive N. W. ( Mid Continent Equities Corp.). Ayes (6), Nays (0). Motion carried. Gray moved, Larson second to adopt the prepared Resolution No. 585-77 authorizing the execution of a contract for Engineering Services for low level water system for Northwest area - Project No. 7703- J 8475. Yaggy'and Associates - Ayes (6), Nays (0). Motion carried. Larson moved, Powers second to adopt the prepared Resolution No. 586- 77 recommending that parking be restricted at all times on the, west side of Second Avenue East, from First St. N..E. to First St. S.E. and on the East side from Center Street to First St. N. E. This amends Paragraph (68.5).of Section B, No Parking Zones and adds Paragraph (69). Ayes (6), Nays'(0). Motion carried. Gray moved,.Solinger second to adopt the prepared Resolution No. 587- 77 adding paragraph (91.5) of Section E Passenger Loading Zones to read: (91.5) loth St. N. W. on the north side 30 feet more or less in front of the premises known as 27 10th Street N. W. ( Family Day Care Center ). Ayes (6), Nays (0). Motion carried. Gray moved, Allen second to approve the agreement between the State of Minnesota and the City.of Rochester that the Department of Trans- portation would provide for State Assistance to the City in the event of a snow emergency where the City requested assistance for the winter of 1977 and 1978. Ayes (6), Nays (0). Motion carried. Res. 587a'77. Gray moved, Larson second to instruct the City Attorney to prepare a resolution authorizing the Minnesota Department of Transportation to reduce retainage to $3,000.00 on Project No. -Bridge 55524 on 14th Street N. W. over Cascade Creek. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt the prepared Resolution.588-77 authorizing the execution of an agreement between the Chicago and Northwestern Transportation Company and the City of.Rochester for the interconnection and operation of a Traffic Signal Installation A 7GG RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Agenda Item E-20 at the intersection of 5th.Street and 4th Avenue N. W. in Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. E-21 Larson moved, Powers second to adopt the prepared Resolution No. 589- 77 approving and authorizing the Minnesota Department of Transportatio to pay H & H Electric Co. an additional sum of $4,506.18 for work performed and completed on a signal interconnection project on 2nd St.-S. W. State Project No. 159-106-06. Ayes (6), Nays (0). Motion carried. E-22 Larson moved, Gray second to approve and designate Weis Development. Company as the .developer for said use of the land as proposed in the project and that they will explore the possibility of changing the costs proposed and explore the use of Community Development Funds prop. lyingp�l. o t4 rgtfe�si�leBetUgh 0A,AWsSOL &4i2omp6rRTO, E-23 Powers moved, Allen second to adopt the Sewer System Evaluation Survey (SSES) conducted by the Joint.Venture of Kirkham, Michael, and Associates, Wallace, Holland , Kastler, Schmitz and Co. and instructed the City staff to submit the report to the appropriate state and federal agencies and prepare the necessary request for a grant amendment. Ayes (6), Nays (0). Motion carried. E-24 Gray moved, Allen second to approve the proposed amendment of contract with Rochester City Lines implementing of new routes , schedules and fares by November 1, 1977 and instruct the City Attorney to prepare the necessary Ordinance amendment. Ayes (6), Nays (0). Motion carried E-25 The Wold Bros."from Fargo, North Dakota requested the Council's consideration in issuing Industrial Revenue Bonds for financing a proposed restaurant/motel complex at the intersection of T.H. 52 and T.H. 63 South. Wishing to be heard was Tom Wold of Fargo N. Dak. and gave a brief background of the restaurant -motel complex. After discussion by the aldermen, President Postier noted that Alderman Strain asked for a tabling action so he could be present for the vote. Larson moved, Powers second to approve the project and approve the issuance of Industrial Revenue Bonds. Upon roll call vote, Aldermen Allen, Gray, Solinger and President Postier voted nay. Nays (4), Aldermen Larson and Powers voting aye. Ayes (2y. Motion not carried. E-26 Gray moved, Powers second to approve the Phase I contract for(-GAC Development Proposal and requested the City Attorney to draft the necessary Phase I Contract. Ayes (5), Nays (0). Alderman Allen abstaii Motion carried. aving no further business, Allen moved, Larson second to adjourn the eeting until 7:30 P.M. Ayes (6). Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Gray, Larson, Powers and Solinger. Absent: Alderman Strain. I a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 76 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Agenda Item B-1 A Hearing on the petition to amend the Land Use Plan from Low Density Residential Use to Medium Density Residential Use for Land in the 900 Block Vicinity of 16th Avenue S. E. extended. William Voelker, representing Mr. Alexander who is the petitioner urged the Council to approve this change. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Gray second to approve the petition and adopt the prepared Resolution No. 590-77. Ayes (5), Nays'(1). Alderman Larson voting nay. Motion carried. B-2 A Hearing on the City Planning and Zoning Commission Initiated Zone Change for property located North of 55th Street N. W. and East of U.S. 52 from R-1 ( Single Family ) District to R-2 ( Low Density ) District, R-3 ( Medium Density ) District, and B-4 ( General Business District. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to instruct the City Attorney to prepare an ordinance making the change that can be adopted. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Application for a Conditional Use Permit for Property located at 123 East Center Street, located in the 1-2 ( Cen Business District ( Amoco Oil Company ). Having no one present that wished to be heard, President Postier closed the hearing. Larson moved, Allen second to proceed with the application. Ayes (6), Nays (0). Motion carried. ( Resolution No. 590a adopts permit ). B-4 A Hearing on the Project No. 6015-78 ( J 8610 ) Sanitary Sewer and Watermain in 2nd St. N. W. from 19th Avenue to the west line of West Zumbro Addition. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Gray second to adopt the prepared Resolution No. 591-77 ordering the project to be made. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Project No. 5204-77 J 8609 Sanitary Sewer and Watermain in 19th Avenue S. W. from 2nd St. S. W. to 3rd St. S. W. Mrs. Walter Royce 228 19th Avenue S. W. was present and asked if she would be included as she was already hooked up to the system. Al Toddie, Ass't City Engineer stated that she would not be in- cluded in this project. Having no one present that wished to be hea President Postier closed the hearing. Larson moved, Powers second to adopt Resolution No. 592-77 ordering the project to be made. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on the Bridge Replacement Program under Chapter 339, Laws of Minnesota 1976 as follows: State Order of Priority No. 10 on Bridge No. L 6264 - 7th St. N. W. over No. Fork Cascade Creek; Order Priority 14 - No. 3229 7th St. N. W. over Cascade Creek Priorit No. 147 No. L 6283 East River Rd. over Dry Run ( No. of 27th St. N.E. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Gray second to instruct the City Attorney to prepare a resolution proceeding with an application for grants under Chapter 339. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Adjourned Meeting No. 22 Agenda Item OF THE COMMON COUNCIL M I N N ESOTA - November 7, 1977 B-7 A Hearing on the Application for approval of the Final Plat of Countr3 Club Manor llth Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Solinger second to adopt Resolution No. 593-77 approving the plat. Ayes (6), Nays (0). Motion carried. B-8 A Hearing on the Petitionoto vacate that part of 44th Avenue N. W. East of Lot 1, Block 5, Manor.Woods First Subdivision. Having no one present that wished to be.heard, President Postier closed the hearing Allen moved, Gray second to proceed with the vacation and.adopt the prepared Resolution No. 594777 vacating the street. The City Attorne3 was also instructed to hold said action for easements of 3rd St. site into the park property-. Ayes (6), Nays (0). Motion carried. B-9 A Hearing on the Final Plat for Cascade Ridge Subdivision. Having no one present that wished to be heard, Solinger moved, and Powers second to continue this hearing until November 21, 1977. Ayes (6), Nays (0). Motion carried. B-10 A Hearing on the Final Plat of Laura's Replat. Having no one present that wished to be heard, Powers moved, Gray second to continue the hearing until November 21, 1977. Ayes (6), Nays (0). Motion carried. D-2 Mr. Al Street of 1007 4th Street-S.. E. wished to be heard concerning the truck routes in the City of Rochester. Mr. Street stated the concerns of the truckers within the City and stated it is almost impossible to get from one route to another. President Postier statec the Public Works Committee should look into this and bring a recommen- dation back to the Council. D-4 Mr. James Suk, Attorney for Ivan Rojas was present and stated that Mr. Rojas would like a franchise to establish a Limousine Service. He was instructed to submit a franchise to the City Attorney and the City Attorney will present this to the Council at a Committee of the Whole Committee. F-1 An Ordinance Annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area situated in Section 13, Township 106 North, Range 14 West, Olmsted County Minnsota (39.15 acres in Meadow Park - Mayo Foundation ) was given its second reading. Allen moved, Solinger second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1655 known as the Zoning Ordinance of.the City of Rochester, Minnesota ( Downtown District rezoning Amendments)was given its second reading. Powers moved, Gray second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. .. F-1 An Ordinance relating to the Salaries for the offices of Mayor , Ald- erman -at -large, and Alderman of the City of Rochester, Minnesota; repealing Ordinance NO. 1888 was given its first reading. a E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ` G9 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Agenda Item F-1 An Ordinance rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minn. was given its first reading. ( North of 55th St. N. W. ) F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesot, amending Ordinance No. 1879 ( 6th Ave. and 16th St. S. E. ) was given its first reading. Powers moved, Allen second to give the Ordinance a second reading. Upon.Rol:l Call vote, Aldermen Allen, Gray Larson, Powers Solinger and President Postier voted aye. Ayes (6), Nays (0). Motion carried and the Ordinance was given its second readi Allen moved, Solinger second to adopt the Ordinance as read. Ayes (6) Nays (0). Motion carried. F-1 Powers moved, Gray second to adopt Resolution No. 595-77 approving an Owner contract with Springer Realty Company, Inc. approving plans and specifications by Wallace Holland Kastler and Schmitz and Co. for Grading and Surfacing abutting Campus Town Subdivision. Ayes (6), Nays (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 596-77 approving, an Owner contract with Northgate Plaza Ltd. a partnership and Littrup Nielson, Inc. a Minnesota Corporation for Watermain extension through Lot 1, Block 1, Northgate Plaza First Subdivision from llth Avenue N. W. to loth Street N. W. Ayes (6) , Nays (0). Motion carried F-1 Solinger moved, Allen second to adopt Resolution No. 597-77 approving an Owner contract with Franchise Realty Interstate Corporation an Illinois Corporation for Extension of Watermain in West Frontage Road of T.H. 52 North from Lot 2, Block 1, Northgate Lot Replat to 300' North of 19th Street N. W. Ayes (6), Nays (0). Motion carri.el F-1 Solinger moved, Allen second to adopt Resolution No. 598-77 approving an Owner contract with F.J. Pennington Trust, John P. Davies, Jr. and Margaret M. Davies and Universal Ford Company a Minnesota Corporation for Sanitary Sewer on 40:' wide Easement along Easterly line Lot 1, Block 1, in Pennington Businesss Park from Northwest Trunkline Sewer to Pennington Court. Ayes (6), Nays (0). Motion carried. F-1 Allen moved, Gray second to adopt Resolution No. 599-77 approving a resolution of the Public Utility Board approving a purchase order ag ment with Nalco Chemical Company for6,300 pounds of Nalco at a cost of $5,411.70. Ayes (6), Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 600-77 approving a resolution of the Public Utility Board approving a purchase order agreement with Westinghouse Electric Supply Company for elastimold elbows at a cost of $1,750.00.-.Ayes (6), Nays (0). Motion carried. F-1 JGray moved, Powers second to adopt Resolution No. 601-77 approving a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL F-1 F-1 F-1 F-1 F-1 F-1 H-1 .CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 22 - November 7, 1977 Resolution of the Public Utility Board approving a contract agree- ment with Layne Minnesota Company for drilling of Well No. 26 in Country Club Manor at a cost of $64,646.00. Ayes (6), Nays (0). Motion carried. Allen roved, Larson second to adopt Resolution No. 602-77 approving a Resolution of the Public Utility Board approving a contract for site work at Silver Lake Plant to grade a perimeter road encompassing the coal storage area at a cost of.not.to exceed $5,000.00. Ayes (6), Nays (0). Motion carried. Larson moved, Gray second to adopt Resolution No. 603-77 approving a Resolution of the Public Utility Board approving an agreement for payment with Builders Land Company for oversize pipe charges for materials supplied in Elton Hills Second Sub. at -a cost of $1,531.30. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 604-77 approving a Resolution of the Public Utility Board approving an agreement with the Westinghouse Electric Corp. for inspection and overhaul of the No. III Turbine at Silver Lake Plant at a cost of not to exceed $16,000.00. Ayes (6), Nays (0). Motion carried. Gray moved, Powers second to adopt Resolution No. 605-77 approving a Resolution of the Public Utility Board approving a purchase order agreement with Harco Corporation for materials and supervision for the cathodic protection system for the fuel oil storage tank at the North Broadway Plant at a cost of not to exceed $2,250.00 Ayes (:+6 ) Nays ( 0 ). Motion carried. Powers moved , Larson second to adopt Resolution No. 606-77 approving a Resolution of the Public Utility Board approving a contract with Pfeifer and Shultz/HDR, Inc. for engineering services for install- ation of pilot wire protective relaying of the 115 KV Subtransmission system at a cost of not to exceed $3,500.00. Ayes (6), Nays (0). Motion carried. Powers moved, Allen second to instruct the Mayor and City Administra to prepare letters to send to the President of the United States and Senator's and Congressmen expressing their feelings on Community Development Block Grants. Ayes (6), Nays (0). Motion carried. The Council disapproves. Having no further business, Allen moved, Larson second to adjourn the meetiing until 1:00 P.M. on November 15, 1977. Ayes (6), Nays (0) Motion carried.. A Cfty Clerk Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 71 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting.No. 22 November 7, 1977 lInformation - November 7, 1977 1. Minutes of the Standing Committee - September 19, 1977 2. Minutes of the Standing Committee - October 24, 1977 3. Minutes of the Standing Committee - October 31, 1977 4. Summons in title registration suit - Schuster ( Ref. to Attorney) 5. Summons in Airport Terminal Remodeling suit matter ( ref. to City Attorney. ) 6. Letter from General Warehouse Corporation RE: Request for Loading Zone ( Ref. to Public Services Dept. for review and recommendatioi 7. Request to void owner contract for Cascade Ind. Park Sub. ( ref. Public Services Dept. ) 8. Notice of Injury, Cliff Igo ( Ref. Attorney, Public Services and Insurance ) 19. Referred to Planning and Zoning a. Petition to annex a portion of property in Marion Township to the city ( Gary Groteboer, Brown Larson. )