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Home My WebLink About10-16-1978RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNC#L CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - October 16, 1978 Agenda Item --A=1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen .' Duffy:, Powers, Solinger and Strain. Absent: Aldermen Larson and Allen. Alderman Duffy welcomed the citizens present to the Council meeting held in the Second Ward at Folwell School. Solinger moved, Powers second to approve the minutes of the October 2, and 10, 1978 Council meetings. Ayes (5), Nays (0). Motion carried. B-1 A Hearing on the Reprogramming of Year IV Community Development Block Grant Funds in the amount of $89,200.00. Wishing to be heard was Glen Hartman of 5415 Country Club Road West, and spoke on behalf of Ability Building Center. Mr. Hartman is on the Board of Directors. He gave a brief history of activities and needs of Ability Building Center. The Center hires and trains handicapped people for employment in the competitive world. He stated they are moving into a new building and need $60,000. to help with the expenses and additional Up -dating that this building may need. Having no one else that wished to be heard, President Postier closed the hearing. Another hearing on this project will be held on November 6, 1978, therefore, no action was taken at this time. B-2 A Hearing on a Replat of,a Part.of Lot 5 and all of Lot 6, Block 1, Hendrick's Subdivision ( Final Plat ). Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Strain second to adopt the prepared Resolution.No.657-78 approving the plat. Ayes (5), Nays (0)..Motion carried. B-3 A Hearing on the Petition to Change the Zoning District from R-3FF ( Medium Density ) Residential Flood Fringe ) to M-1 ( Light Industri< Flood Fringe ) for Block 91 of the Original Plat of Rochester located on the West Side of 3rd Avenue S. E. between 5th and 6th Streets S. E Jim Suk, Attorney on behalf of Fullterton Lumber Company, Petitioner was present and urged the Council to pass this. He stated Fullerton would be expanding on this land. Having no one else present that wished to be heard, President Postier closed the. hearing. Duffy move( Solinger second to instruct the City Attorney to prepare an. Ordinance making the change. Ayes (5), Nays (0). Motion carried. B-4 A Hearing on the Petition to vacate a portion of the public alley abutting the east side of Lot 8-11, Block 3, Flathers Addition. Wishing to be heard was Dick Ehrick, Attorney for St. Mary's and urged the Council to vacate this alley. Mr. Ehrick presented draw- -, ings of the area and what would be done with it. Mr. Nick Rogers of 1101 7th Avenue S. W. wondered if this would reduce traffic on 2nd Street S. W.;Mr. Bill Cribbs of St. Mary's Hospital stated that it probably would not, as traffic going by St. Mary's is always great Mr. Cribbs also said that they need this alley vacated for a*.taxi .entrance and people need this because handicapped people can get into the building without going up stairs. St. Mary's has stairs in the front. 1000 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - October 16, 1978 B-4 Having no further di.5cussion, and having no one else wishing to be heard, President Postier closed the hearing. Strain moved, Powers second to instruct the City Attorney to proceed. Ayes (5), Nays (0). Motion carried. B-5 A Hearing on the Petition to vacate a portion of 16th Street S. W. in the Apache.Mall Shopping Center Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Duffy second to instruct the City Attorney to prepare a resolution approving the vacation_. Ayes-(5)-,- Nays-'.(0).-Motion- ;carried. _ B-6 A Hearing on the Application for approval of a Planned Unit Developmen ( Amended Final Plan ) for Miracle Mile Shopping Center. Dick Ehrick Attorney for the developer, Corrigan Properties, Inc. of Dallas Texas, was present and urged the Council-. to approve this. Also present for any questions the Council may have was Mr. Joseph Schoolfield of Corrigan Properties and LaVere Brooks of Dallas Texas. Having no one else present that wi.shed to be heard, Solinger moved, Duffy second to approve the plan and the City Attorney was instructed to prepare a resolution approving this plan subject to changes in the parking lot arrangement and relocation of the access at 16th Avenue and 2nd Street N. W. to a'point further north along 16th Avenue as determined by the Traffic Engineer. Ayes (5), Nays (0). Motion carried. B-7 A Hearing on the Annexation Request for 12.4 acres of land located. East of 24th Avenue S. E. in the vicinity of Parkside Trailer Court. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to approve the annex- ation and instruct the City Attorney to prepare an ordinance for adoption. Ayes (5), Nays (0).'Motion carried. D-1 John Sethre of 720 loth Avenue S. E. wished to be heard regarding the approval the Council gave the March of Dimes to have a haunted house at 715 loth Avenue S. E. Mr. Sethre stated that the neighbors have just been through a flood and they did not want this sort of thing happening near them. He also stressed safety for the children and expected traffic problems. Harley Flathers, representing the March of.Dimes was present and stated that they would like to have this house, but he could understand the concern of the neighbors. Strain moved, Solinger second to reconsider the prior motion to approve the house being used as a "spook house". Ayes (5 ), Nays (0). Motion carried. Strain moved, Solinger second to deny the request of the March of Dimes to use the residence at 715 loth Avenue S.E. as a "Spook House". Ayes (5), Nays (0). Motion carried. Alderman Strain stated that the City would be happy to provide park shelters or whatever may be available to the March of Dimes if they so desired. E-1 Powers moved, Duffy second to approve the payment for Extraordinary Services to Detective Melvin J. Mertz at $83.33 per month for the period January 1, 1978 to July 1, 1978. This would total an additional $500,00 for h,i,s service, Ayes (5), Nays (0). Motion carried. i, RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 -.October 16, 1978 Agenda Item E-2 Duffy moved, Powers second to adopt Resolution No. 658-78 authorizing the City Clerk to advertise for bids on the following: Removal of a residence at 417 7th Avenue S.E. and 701 loth Avenue S. E. and fillin of the basements. Bids to be opened at 11:00 A.M. on November 1, 1978. Ayes (5), Nays (0). Motion carried. E-3 Powers moved, Strain second to approve the following licenses and bon Application was received from William F. Lefty, Lincoln, California for an Auctioneer's license. The bond in the amount of $1,000. was received. Application to move a house from 324 14th Avenue S. W. to 1231 llth Avenue S. E. was resubmitted by Bill Fitzgerald, and application to move a house received from Ir11ot Klomstad from 533 1st Avenue N. E. to 505 12th Street S. E. Ayes (5), Nays (0). Motion carried. E-4 Strain moved, Solinger second to approve the semi-monthly bills in the amount of $508,126.00 ( list attached ). Ayes (5), Nays (0). Motion carried. E-5 Powers moved, Strain second to approve the petition to vacate remaining portion of 1st Avenue N. E., north of 16th Street N. and adopt the prepared Resolution No. 659-78 setting a hearing date. Ayes'.(4), Nays (0). Motion carried. Alderman Solinger E-6 I Was deleted from the agenda. the E. abstainbd. E-7 Duffy moved, Powers second to approve the annexation request for Lots 1-5 Block 2, Knollwood Acres and instruct the City Attorney to prepar an Ordinance that can be adopted: ( Florence R. .Mackie ). Ayes (5), Nays (0). Motion carried. E-8 Solinger moved, Duffy second to approve the application for approval of a Planned Unit Development ( Preliminary Plan ) known as ".The Hylands" and located adjacent to 19 Norwest" along Valleyhigh Drive, subject to the following: 1. Dedication of all necessary publ c utility and sidewalk easements as requested by the Public Services Department and Public Utility Departments. 2. Construction of a publi sidewalk within the right-of-way of 30th Avenue N. W. as recommended by Public Services. 3. Written statement from the project owner in- dicating his willingness to construct a public sidewalk along Valleyh gh Drive on a dedicated 10 foot sidewalk easement running the entire length of this property. This sidewalk is to be constructed on an assessment basis when deemed necessary .by the City, as adjacent publi sidewalk projects to the north and south are initiated. 4. Relocati.on of the project entrance at 30th Avenue to align with the Valley High Village apartment complex entrance across 30th Avenue N. W. 5. Pro- vision of all necessary watermains, underground storm sewers, and sur ace drainage systems as required by the Public -Services Department. 6. Design details of all playground equipment, mailboxes, project sig s, and exterior light fixtures. 7. Construction schedule indicating the .001 10.02 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Adjourned Meeting No. 18 - October 16, 1978 E-8 starting and completion dates for the project. 8. Statement as to whei a plat will be submitted for approval. Ayes (5), Nays (0). Motion carried. E-9 Strain moved, Powers second to adopt the prepared Resolution No. 659F} 78 approving a petition to vacate a ten foot telephone easement ex- isting along the common lot line between Lot 4 and 5 , Woodgate First Subdivision and set a hearing date. Ayes (5), Nays (0). Motion carried. E-10 Strain moved, Solinger second to approve the annexation request for 120.52 acres of land located west of CSAH # 1 (llth Avenue S. E.) and north of Southport Subdivision. ( Mayo Foundation ). Rick Colvin representing the Mayo.-Cl:inic,.was present and stated that there was no contingency on this annexation.at this time. Having no,rfurther discussion vote was taken. Ayes (3), Nays (0). Aldermen Powers and Duffy abstained. Motion carried. The City Attorney was instructed to prepare an ordinance that can be adopted. E-11 Strain moved, Powers second to instruct the City Attorney to prepare the necessary legal documents for adoption on the amendments to the Urban and Rural Service Districts in the City. Ayes (5), Nays (0). Motion carried. E-12 Strain moved, Duffy second to adopt the prepared Resolutions No. 660-78 and 661-78 declaring the costs to be assessed and order a hearing to be held November 6, 1978 on Project No. 6256-7-76 J 8571 Grading and Surfacing, Storm Sewer, Subdrains , Sanitary Sewer, and Watermain on 8th Avenue S. E. - North Line Outlot A Meadow Park 7th to 223 feet North of Centerline 20th Street"S.E. Ayes (5), Nays (0). Motion carried. E-13 Strain moved, Powers second to adopt the prepared Resolution No. 662- 78.appro,ving the proposal by McGhie and Betts, Inc. to provide engineer ing services for the following project No. 6222-4-78A J 8665 Grading and Surfacing, Concrete Curb and Gutter and Watermain in 22nd Street P from 32nd Avenue N. W.to the East Line of Hendricks Subdivision. Ayes (5), Nays (0). Motion carried. E-14 Duffy moved, Strain second to refer the Project No. 6502-78 J 8649 Grading and Surfacing, Concrete Curb and Gutter, Watermain, and Servic Connections in 28th Street N. W. between 18th and 19th Avenue N.W., plus Sanitary Sewer in 19th Avenue N. W. from Cascade Street N. W. to 28th Street N. W. and in 28th Street from 19th Avenue to a point - approximately 290 feet East. to the Committee of the Whole for furt;he discussion. Ayes (5), Nays (0). Motion carried. F-I An Ordinance amending Rochester Code of Ordinances §190.010 to requirE licensing of commercial tree firms performing service on private property; present § 190.010.only applies to public property and right of -way; failure to have such a license. is - a misdemeanor, was given its second reading: Strain moved, Solinger second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18, October 16, 1978 Agenda Item F-1 An Ordinance annexing approximately 14.30 acres of land located along U.S. 14 West and Zoning said property M-2 ( Jake Seehusen ) was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance Rezoning property located at 911 llth Avenue,(V„W. from R' to B-la ( Seventh Day Adventist Church ) was not given i-ts second reading. This change was denied at an earlier meeting by the .vote of the Common Council. F-1 Duffy moved, Strain second to adopt Resolution No. 663-78 approving a resolution of the Public Utility Board awarding $88,582.00 contract to R.W. Beck and Associates for furnishing engineering services to perform an electric distribution system study. Ayes (5), Nays (0).- Motion carried. F=1 Powers moved, Strain second to adopt Resolution No. 664-78 approving a resolution of the Public Utility Board awarding $6,545.78 contract to Thein Well Company for furnishing maintenance work on Well No. 2 Unit # 4 at the Silver Lake Plant. Ayes (5), Nays (0). Motion carried. F-1 Solinger moved, Duffy second to adopt Resolution No. 665-78 approving a resolution of the Public Utility Board awarding $6,523.20 contract 1 Crescent Electric Supply Co. for furnishing 288 three wire single pha� watthour meters. Ayes (5), Nays (0). Motion carried. F-1 Duffy moved, Strain second to adopt Resolution No. 666-78 approving a resolution of the Public Utility Board awarding $1,785.09 contract to TEC Industrial , Inc. for furnishing the repair of one 125 HP motor Ayes (5), Nays (0). Motion carried. F-1 Powers moved, Duffy second to adopt Resolution No. 667-78 approving a resolution of the Public Utility Board awarding $7,764.10 contract to Westinghouse Electric Supply Co. for furnishing turbine parts for Unit # 3 at the Silver Lake Plant. Ayes (5), Nays (0). Motion carried. F-1 Duffy moved, Strain second to adopt Resolution No. 668-78 approving. a resolution of the Public Utility Board awarding $4,542.89 .contract to Southern Minnesota Machinery for furnishing bench lathe. Ayes (5), Nays (0). Motion carried. F-1 Powers moved, Strain second to adopt Resolution No. 669-78 approving a resolution of the Public Utility Board awarding $7,800.00 contract to United Electric Corporation for furnishing 8.3/14.4 KV 200A Load - break elbows. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance Rezoning Lot 91, Original Plat to M-IFF. ( Fullerton Lumber Company) was given its first reading. F-1 Strain moved, Powers second to adopt Resolution No. 670-78 approving the vacating of the alley on the east side of Lots 8,9,10, and 11 Block 3, Flathers Addition . Ayes (5), Nays (0). Motion carried. 1603 I.0®4 Agenda Item F-1 F-1 F-1 F-1 H-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 18 - October 16. 1978 Powers moved, Solinger second to adopt Resolution No. 671-78 vacatin the portion of 16th Street S. W. in the Apache Mall Shopping Center Subdivision _. Ayes (5), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 672-78 approving the PUD plan for Miracle Mile Shopping Center subject to the relocati of the present access drive on 16th Avenue. Ayes (5), Nays (0). Motio carried. An Ordinance annexing to the City of Rochester 1.25 acres Lots 1-5 Block 2, Knollwood Acres ( Florence R. Mackie ) was given its first reading. An Ordinance annexing to the City 120.52 acres - Mayo Foundation land is located west of CSAH # 1 (llth Avenue S. E.) and north of Southport Subdivision, was given its first reading. Powers moved, Duffy second to approve the hiring of an additional School Crossing Guard at the corner of 18th Avenue N. W. and Cascade Street. Ayes (5) , Nays (0). Motion carried. Having no further business, Powers moved, Strain second to adjourn the meeting until 4:30 P.M. on October 23, 1978. Ayes (5), Nays (0). Motion carried. A Citv Clerk Information - 10-16-78 1. Minutes of the Standing Committee - October 2, 1978 2. Letter from Bell Service RE: Service Trunk Parking ( referred to Public Services Dept. for review and recommendation). 3. Claim for Damages ( Marvel Kyle ) referred to Attorney and Public Services. 4. Claim for Damages, Jerome E. Barck ( Referred to Attorney, Insurance, Public Services. ) 5. Lawsuit.: Against the City for False Impris6nment ( Referred to Attorney, Insurance and Police Department ). 6. Referred to the Planning and Zoning for a request to annex 120.52 Acres to the City ( Mayo Foundation ). n 0 L