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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
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President Postier called the meeting to order at 7:30 P.M., the foll
ing members being present: President Postier, Aldermen Allen, Gray,
Larson, Powers, Solinger and Strain. Absent: None.
A Hearing on the Proposed Assessments for Project No. 7606-0-76
J 8563 Extension of Sanitray Sewer and Watermain to serve a portion
of that part of the N.E. 4 Section 13, Rochester Township lying East
of C.S.A.H. # 1 and South of Pinewood Road S. E. Having no one presen
that wished to be heard, President Postier closed the hearing. Powers
moved, Solinger second to adopt Resolution No. 310-78 levying the
assessments. Ayes (7), Nays (0). Motion carried.
A Hearing on the Application for approval of a Planned UM,t:Develop-
ment ( Concept Statement ) for property located in the vicinity of the
700 Block of 19th Street N. W. immediately: -east of the Hiawatha
Children's Home; known as Westwood Townhouse Development. Wishing to
be heard was Robert Suk, Attorney for the petitioners and explained th
concept statement and urged the Council to approve this project. He
stated that a concern was the drainage problem, but that this would
be taken care of after the concept statement was approved. Alderman
Powers questioned the turnaround, if this would be efficient for
Fire protection. It was stated that it was efficient. Wishing to be
heard was Mark Hanson of 640 19th Street N. W. and was the spokesman
for 25 surrounding property owners. They had several concerns about
this project, they questioned the suitable terrain for this project.
They questioned the water or drainage problem. The; property owners
want soil erosion protection and flood control protection. They
stated concern of the tennis court location and about the private
drive. Mr. Hanson stated that when the final plan is presented he
would like to see these concerns contained in that plan. Having
no one else present that wished to be heard, President Postier closed
the hearing. Allen moved, Strain second to approve the project sub-
ject to the resolution of potential vehicular turn',around( questioned
by the Fire Department ) and visitor parking problems and the many
concerns listed by the residents of the area answered by the present-
ation of the preliminary plan. Ayes (7), Nays (0). Motion carried.
A Hearing on the Petition to change the zoning District from R-1
(Single Family Residential ) to R-2 ( Low - Density Residential ) for
property located east of 13th Avenue N. W., from 43rd to 44th Street
N. W. described as Lots 3-8, Block 3, Innsbruck One Subdivision. Havini
no one present that wished to be heard, President Postier closed the
hearing. Gray moved, Allen second to proceed with the project. Ayes
(7), Nays (0). Motion carried.
A Hearing on the Final Plat of TSP Replat. Having no one present that
wished to be heard, President Postier closed the hearing. Powers
moved, Strain second to adopt the prepared Resolution No. 311-78
approving the plat. Ayes (7), Nays (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
COUNCIL' 893
Agenda
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D-1 Tom Regner :wished to be heard regarding the use of Fire Hall Parking
lot. He stated that the people accomodating the lot were orderly and
that this lo't should not be closed at 10:00 P.M. He requested trash
containers be installed in the lot. This would eliminate the trash
problem. He stated that the police should patrol this area and
the disorderly citizens should be removed. He urged.the Council to
keep this area open for a meeting place.. Troy Glidden of 502 loth
Avenue S. E. stated that drinking doesn't occur there and the squeelin
tires is a minority problem. No action was taken at this time.
D-2 Allen moved, Powers second to adopt Resolution No. 312-78 referring
the request for improvements in 19th Avenue N. W., abutting lots 7 and
8, Block 1, Replat of Lots 11 and 12 Allendale Subdivision to the
Engineering Department for a feasibility report. Ayes (7), Nays (0).
Motion carried.
E-1 Powers moved, Solinger second to adopt Resolution No. 313-78 approving
the Summit Square PUD Amendment as follows: 1. The developer will
construct the 76 garages that were previously requested to be eliminate
from the project. 2. The developer will construct a storm shelter.
3. A fire protection sprinkler system will be installed. 4. The
demands of neighborhood residents concerning landscaping, the orient-
ation of Building A, and attractively designed fencing will be met.
yes (7), Nays (0). Motion carried.
E-lA Strain moved, Gray second to approve the request for a liquor license
or Esteban's Mexican Restaurant to be located in the Broadway Hall
Building on Broadway downtown Rochester. Upon Roll Call vote,
Aldermen Allen, Larson, Powers and President Postier voted Nay. Nays
(4). Aldermen Gray, Solinger and Strain voting aye.Ayes (3). Motion
of carried..
E-2 Strain moved, Allen second to adopt Resolution,No. 314-78 authorizing
he execution of the lease agreement with the Flying Dutchman at the
unicipal Airport. Ayes (7), Nays (0). Motion carried.
E-3 Ml,en moved, Gray second to approve ---the Industrial Revenue Bond policy
s a policy guideline for the City of Rochester in reviewing and.actinc
n applications for such funding. Ayes (7), Nays (0). Motion carried.
E-4 Strain moved, Powers second to approve the extraordinary pay increase
or Marie Roberts ( Personnel Department ) to 8G ($7.828)/hr. effecti.v(
ay 15, 1978. This increase will remain only until a Personnel Director
s hired. Ayes (7), Nays (0). Motion carried.
E-5 3ray moved, Allen second to approve the request to sell poppies on May
6 and 27., 1978 from 3:00 P.M.Fri.to 3:00 P.M. on Saturday. This reque
is from the American Legion Auxiliary. Ayes (7), Nays (0). Motion
arried.
-lA .arson moved, to reconsider the action taken earlier on the denial of
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894 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
Agenda
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Estaban's On -Sale Liquor License. Powers second. Ayes (7),'Nays (0).
Wishing to be heard was Steve Kellogg representing Estaban's and
wanted to know -what he should do next to encourage the Council to
approve this license. He stated the restaurant was a good one, and
presented a.menu Hof what was to be served. He urged the Council to
reconsider. Alderman Solinger stated that a restaurant of this kind
is a trend throughout the country and urged the Council to approve thi
Joanne Emerson representing Queen's Fashions in Broadway Hall stated
that they moved out of the area where this restaurant would be coming
in and urged the Council to approve this license. The Council took
no further action.
Powers moved, Solinger second to approve the following licenses and bo
Master Installer and Heating Contractor's License from Sam Huntington
921 4th Avenue S. E. and a Bond in the amount of $5,000.00., Cement
Contractors License from Norman Thorson 2115 Highway 14 East., Permit
to hold a dance at the Mayor Civic Auditorium from Randy Hertle and
John Richardson on May 20, 1978 and Rochester Police Benevolent Assoc.
for June 3, 1978., On - Sale 3.2 Non -Intoxicating liquor beer for
Joseph H. Balckwell d/b/a/ Joe's Sandwich Emporium - 31 Fourth St.
S.E. and the Rochester Art Center to sell beer from 11:00 A.M. to 6:00
P.M. on Sunday --June 4, 1978., Request to move a garage from 2310 13
Avenue N. W. to 3904 5th Place N. W. , Application received for an
Auctioneer's License from Normen Peterson of Wykoff , Minnesota Bond
in the amount of $500.00 has been received. Application to conduct an
Auction received from Scott J. Smith for B.A. Smith and Sons of
St. Charles , Minnesota to permit a coin auction to be held May 25,
1978 at the Holiday Inn South. Bond in the amount of $1,000. has been
received. Ayes (7), Nays (0). Motion carried. The Council denied
an application to sell 3.2 Off -Sale Non -Intoxicating Beer at Joe's
Sandwich Emporium.
Larson moved, Gray second to adopt Resolution No. 315-78 approving the
increase of salary for the Head Election Custodian to $6.25 per hr.
and the Custodian's to $6.00 and the Election Judges $2.30 per hr.
Ayes (7), Nays (0). Motion carried.
Powers moved, Strain second.to adopt Resolution No. 316-78 accepting
the bid of Interstate GMC in the amount of $30,687.00 for a truck
tractor for the Water Reclamation Plant. Ayes (7), Nays (0). Motion
carried.
Solinger moved, Powers second to approve the semi-monthly bills
( list attached ) in the amount of $218,222.67. Ayes (7), Nays (0).
Motion carried.
train moved, Gray second to adopt Resolution No. 317-78 ordering
he demolition of a building situated on the Pruett property between
03-115 Second Avenue N. E. Ayes (7), Nays (0). Motion carried.
ds:
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
Agenda
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E-11 Strain moved, Powers second to approve the annexation request # 78-6
by Mr. David.Rand for property located at 1431 24th Avenue S. E. 1.8
acres. Alderman Strain also included to attempt procedures for annex-
ing other surrounding properties. Ayes (7), Nays (,0.). Motion carried
and the City Attorney was instructed to prepare an ordinance for
adoption.
E-12 Powers moved; Gray second to approve the Final Plat for Willow Height!
Third Subdivision with the condition that the developer is responsibl(
for the necessary improvements to the drainageway along the east side
of the plat. Ayes (7), Nays (0). Motion carried.
E-13 Allen moved, Strain second to adopt Resolution No. 318-78 approving
the application for a revocable permit by the Mayo Foundation to all
construction of a pedestrian subway under 4th Avenue S.W. Upon Roll
call vote, Aldermen Allen, Solinger, Strain and President Postier
voted aye. Ayes (4). Alderman Larson voted nay. 'Nays (1). Aldermen
Powers and Gray abstained. Motion carried.
E-14 Larson moved, Gray second to adopt Resolution No. 319-78 approving
the petition to vacate a portion of Graham Court S. E. subject to the
applicants granting the City a 10 foot utility easement through the
center of the vacated area and set a public hearing for July 10,
1978.at.7::30 P.M. Ayes (7), Nays (0). Motion carried.
E-15 Powers moved, Gray second to adopt Resolution No. 320-78 approving the
petititon to vacate a portion of 15th Avenue S. E. with 15.foot.strip
of.the..righ.t - of - way for use as a bikeway to and from the Mayo Run.
Ayes (7), Nays (0).`Motion carried.
E-16 Larson moved, Gray second to approve the Final Plat of 12 Seas Sub-
division subject to the 33 foot easement for public right-Of=way on th
South .end of Lot 4. Ayes (6), Nays (1). Alderman Strain voting nay.
Motion carried.
E-17 Powers moved, Allen second to adopt -.Resolutions No. 321-78, 322-78
(Sidewalk Replacement Project No. 1-1978 J 8634), Resolution No. 323-
78 and 324-78. ( Sidewalk Replacement Project No. 2-1978 J 8635 ),
Resolution No. 325-78 and 326-78 ( New Sidewalk Project No. 1-1978
J 8637 ) and Resolution No. 327-78 and 328-78 ( New Sidewalk Project
No. 2-1978 J 8638 ) setting'a hearing for June 5, 1978 at 7:30 P.M.
Ayes (7), Nays (0). Motion carried.
E-18 Strain moved, Allen second to adopt Resolution No. 329-78 awarding
a contract to Rochester Sand and Gravel, Inc. for Project No. 6015-78A
J 8628 Grading and Surfacing, Concrete Curb and Gutter in 2nd St. N. W
from 19th Avenue N. W .to the West line of West Zumbro Addition.
Ayes (7), Nays (0). Motion carried. Bid was-$17,768.30.
E-19 Powers moved, Gray second to adopt Resolution No. 330-78 awarding the
contract to American Plumbing Co. of Winona, Minnesota for Project No.
6015-78 J 8610 Sanitary Sewer and Watermain in 2nd St. N. W. , 19th Av
to the West line of West Zumbro Addi.ti,on. $15,378.30.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
Agenda
Item
E-19 Ayes (7), Nays (0). Motion carried.
E-20 Solinger moved, Strain second to adopt Resolution No. 331-78 awarding
the contract to Fraser Construction Company for $74,354.75 contingent
on execution of a contract between the City and Robert DeWitz which
provides for -payment of the sanitary extension through an area outside
of corporate limits on Project No. 7802-0-78 J 8630 Sanitary Sewer
and Watermain to serve Western First SLb,division and other lands.
Ayes (7), Nays (0). Motion carried.
E-21 Larson moved, Gray second to adopt Resolution No. 332-78 approving the
project plans and special provisions for the first stage of the improv(
ents along U.S. # 52 between 2nd St. S. W. and 19th St. N. W. Ayes
(7), Nays (0). Motion carried.
E-22 Powers moved, Gray second to adopt Resolution No. 333-78 authorizing
the Mayor and City Clerk to enter into a contract with Yaggy and
ssociates, Inc. for Engineering Services for Sanitary Sewer Pump
Station and Forcemain to serve Green Meadows and other Lands Project
No. 7804-J 8631. Ayes (7), Nays (0). Motion carried.
E-23 Strain moved, Gray second to adopt Resolution No. 334-78 authorizing
the Mayor and City Clerk to enter into a contract with Yaggy and
Associates to provide Engineering Services for Basic improvements
in Northern Slopes Subdivision Project No. 7807-1-78 J 8640. Ayes (7),
Nays (0). Motion carried.
E-24 Powers moved, Allen Second to adopt Resolution No. 335-78 authorizing
he Mayor and City Clerk to enter into a contract with Yaggy and
ssociates to provide Engineering Services for Watermain Construction
in Green Meadows West Subdivision Project No. 7104-2R-78 J 8645.
Ayes (7), Nays (0). Motion carried.
E-25 owers moved, Solinger second to adopt Resolution No. 336-78 authorizi
he Mayor and City Clerk to enter into a contract with McGhie and Bett
Inc. to provide engineering services for Project No. 6318-4-78 J 8643
anitary Sewer on the Extension of 43rd Street N. W. across 18th Avenu
4. W. and in 18th Avenue N. W. to serve the prop osed-Assembly--of----God
hurch. Ayes (7), Nays (0). Motion carried.
E-26 arson moved, Strain second to adopt Resolution No. 337-78 authorizing
he Mayor and City Clerk to enter into a contract with McGhie and
etts to provide Basic Improvements in the Replat of a Part of Lot
and all Lot 6, Block 1, Hendricks Subdivision ( 21st St. N. W. )
roject No. 6803-2R-78 J 8644. Ayes (7), Nays (0). Motion carried.
-27 3train moved, Gray second to adopt Resolution No. 338-78 and 339-78
rdering a feasibility report and ordering a hearing to be held June
51 1978 on Project No. 6502-78 J 8649 Grading and Surfacing, Watermain
anitary Sewer and Service Connections to serve Proposed Ferndale Sub.
Ryes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA.
Regular Adjourned Meeting No. 43 - May 15, 1978
Agenda
Item
E-28 Solinger moved, Allen second to adopt Resolution No. 340-78 accepting
the engineers report and order a hearing to be held July 10, 1978
on Project No. 5619-78 J 8646-Grading and Surfacing, Curb and Gutter
in loth Street S. E. 16th to 17th Avenues, Rough Grading and Watermain
in 17th Avenue loth Street to Fr. Rd., Storm Sewer loth Street and
17th Avenue to 330' N. Ayes (7), Nays (0). Motion carried.
E-29 Strain moved, Gray second to adopt Resolution No. 341-78 and 342-78
ordering a feasibility report and accepting the feasibility report and
ordering a hearing for July 10, 1978 on Project No. 7809-J 8648
Sanitary Sewer and Watermain Extension to the Covered Wagon Motel in
the SW 1/4 Section 6 Marion Township. Ayes (7), Nays (0). Motion
carried.
E-30 Gray moved, Solinger second to adopt Resolution.No. 343-78 authorizing
the City Clerk to advertise for bids on Project No. 6107-78 J 8607
Sanitary Sewer and Watermain extensions to serve Block 1, Knollwood
Acres. Bids: to be opened at ll:00 A.M. on June 14, 1978. Ayes (7),
Nays (0). Motion carried.
E-31 Allen moved, Solinger second to adopt Resolution No. 344-78 ordering
feasibility report on Project No. 6207-4-78 J 8650 to initiate
Project 12" Watermain in 7th Street N. W. from Arend's Industrial Park
1st Subdivision to 6th Place N. W. in Country Club Manor. Ayes (7),
.Nays (0).,Motion carried.
E-32 lowers moved, Gray second to adopt Resolution No. 345-78 authorizing
he City Clerk to advertise for bids on Project No. 7703-J 8475'
ater Reservoir and Trunk Mains to serve the low level district of
he N. W. Service Area lying north of 41st Street N. W. Part I Waterma
runkline between Pennington First Subdivision and Cascade Ridge Sub.
ids to be opened at 11:00 A.M. June 14, 1978.Ayes (7), Nays (0).
otion carried.
E-33 3owers moved, Gray second to adopt Resolution No.'346-78 ordering
roject No. 7306-0-78 J 8622 Grading and surfacing, Concrete curb and
utter and the extension of watermain in 17th Street S. E. abutting
of 2, Block 1 and Lot 2, Block 2, Rochester Villas to.be made. Ayes
ays (0). Motion carried.
-1 n Ordinance rezoning property located at 2920 and 3020 North Broadway
rom B-lb to B-4 ( R.J. Postier and John D. Bass was given its second
eading. Powers moved, Gray second to adopt the Ordinance as read.
yes (6), Nays (0) . President Postier abstained. Motion carried.
-1 llen moved, Gray second to adopt Resolution No. 347-78 approving a
esolution of the Public Utility Board awarding a contract to Koch
uels, Inc. for 100,000 gallons of fuel oil at a cost of $.3674/gal
.o.b. shipping terminal, plus the transportation rate of $.00979/
al f.o.b. destination. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 43 - May 15, 1978
Agenda
Item
F-1 Larson moved, Powers second to adopt Resolution No. 348-78 approving a'
resoluton of the Public Utility Board awarding $1,914.00 contract
to Thein Well Company for a 12 inch pump bowl assembly. Ayes (7),
Nays (0). Motion carried.
F-1 Solinger moved, Powers second to adopt Resolution No. 349-78 approving
a resolution of the Public Utility Board awarding a Xontract':to'Koch
Fuels, Inc. for fuel and boiler burner fuel for a period beginning
May , 1978 and ending April, 1979 at a cost of $.3674/gal f.o.b.
shipping terminal plus $.00979 gal f.o.b. destination plus escalation.
Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Gray second to adopt Resolution No. 350-78 approving
a resolution of the Public Utility Board awarding $23,230.00 contract
to Alpek Sheet Metal for furnishing roofing repair work at the Silver
Lake Powers Plant. Ayes (7), Nays (0). Motion.carried.
F-1 Strain moved, Allen second to adopt Resolution No. 351-78 approving
a resolution of the Public Utility Baord awarding $35,000.
contract to Ul:teig Engineering for services for distribution facility
additions at Bamber Valley Substation, Cascade and Zumbro River Sub-
stations on 13.8 KV underground feeder extensions. Ayes (7), Nays (0).
Motion carried.
F-1 Solinger moved, Gray second to adopt Resolution No. 352-78 awarding
$4,000. contract to Twin City Testing and Eng. Laboratories, Inc. for
inspection and testing services on piling and foundation work at the
North Broadway Powers Plant. Ayes (7), Nays (0 ). Motion carried.
F-1 Powers moved, Gray second to adopt Resolution No. 353-78 approving
a resolution of the Public Utility Board awarding $2,451.00 contract
to Steel Heddle for furnishing pulverizer parts for Unit # 2 at the
Silver Lake Plant. Ayes (7), Nays (0). Motion carried.
F-1 Allen moved, Strain second to adopt Resolution No. 354-78 approving a
resolution of the Public Utility Board awarding $2,272.06 contract to
Babcock and Wilcox for furnishing boiler and pulverizer parts for Unit!
# 3 and # 4 at the Silver Lake Plant. Ayes (7), Nays (0). Motion carri(
F=1 A6-.0rdi.nance Annexing to the City of Rochester Minnesota Certain un-
platted Lands not exceeding 200 acres in area situated in Section 7,
Township 106 Range 13, Olmsted County, Minnesota 1.6 acres was given
its first reading.( Rand Property ).
F-1 An Ordinance Rezoning certain property and amending.Ordinance No. 1659
known as the Zoning Ordinance of the City of Rochester, Minnesota
to R-2 Low Density Residence on Lots 3,4,5,6,7, and 8, Block 3, Inns-
bruck One Subdivision was given its first reading.
F-1 Pn Ordinance Relating to Refuse and Disposal Sites operated by the Ci
Rochester and Charges for Disposal amending Rochester Code of
inances by adding Section 31.032 was given its first reading.
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RECORD OF OFFICIAL PROCEEDINGS OF .THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeti'rg No. 43.- May 15, 1978
Agenda
Item
F-1 Ulen moved, Powers second to adopt Resolution No. 355-78 approving
he special law relating to the issuance of licenses to sell intoxicat
liquor at the Mayo Civic Auditorium. Ayes (6), Nays (1). President
ostier voting Nay. Motion carried.
F-1 owers moved, Gray second to adopt Resolution No. 356-78 authorizing
he City of Rochester to employ certain civilian positions in the Roch•
ster Police Department. -:Ayes (7), Nays (0). Motion carried.
F-1 3train moved, Larson second to adopt Resolution No. 357-78 approving
Tans and specifications prepared by Wallace, Holland Kastler and
chmitz and Company for Watermain in Campustown Subdivision and the
ayor and City Clerk are authorized to execute a contract with Springer
Realty Company for the construction of said improvements. This is
ontingent upon Springer paying for a cut electric cable. Ayes (7),
ays (0). Motion carried.
F-1 arson moved,_Strain second to adopt Resol_utio,n No. .357-A-78°approving
the amendment to the PUD=B=37 Blondell Motel. This amends: -Resolution.,
�.12-78.on February 21, 1978. Ayes (7), Nays' (0).,Motion carried.
aving no further business,
eeting until 12:00 noon on
arried.
Information - May 15, 1978
Larson moved, A11-- ---- 1
May 17, 1978. Aye
. Minutes of the Standi6g Committee - 5- 8-
. Mintues of the P.A.C. - 5-9-78
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