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HomeMy WebLinkAbout07-02-1979Agenda Item E-1 E-2 E-3 E-4 E-5 L� E-7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 2, 1979 President Pro-Tem Larson called the meeting to order at 2:00 P.M., the following members being present.: President Pro=:Tem Larson, Aldermen Allen, Duffy, Solinger and Strain. Alderman Powers arrived at 3:00 P.P Absent: President Postier. Allen moved, Solinger second to approve the minutes of the June 18, 1979 meeting. Ayes (5), Nays (0). Motion carried. Allen moved, Duffy second to reactivate.the traffic signals at South Broadway and Third Street S. W. A petition was received from 24 bus- inesses requesting the signals to be reactivated and a petition re- questing the same received from 60 citizens. Ayes (5), Nays (0). Motion carried. Solinger moved, Duffy second to approve the request for additional CD Funding for the Woimens • Shelter, Inc. for $50,000.00. Ayes (4), Nays (1). Alderman Strain voting nay. Motion. -:carried. Strain moved, Duffy second to approve the request to install an Earth Terminal on the Holiday Inn Downtown Parking Lot/Minnesota Public Radio. This would be to sub -lease a portion of the parking lot leased the Holiday Inn Downtown from the Rochester Development Corporation. The motion included a clause that they will move this terminal and bear the expense if it is necessary to move this at any time or any other civic purpose. Ayes (4), Nays (0). Alderman Allen abstained. Motion carried. Allen moved, Duffy second to table the request of the Airport Commissii to compromise settlement of the bus commission (user fee) -with - Rochester Transportation Systems, Inc. for an amount -of $4,228."45. The total amount was $11,262.45.. Ayes (5-)',--ways'_,(.0.).- Moti-bn_.carried. This will.-be.pl-aced on the Committee of the Whole for":further di&cussi Strain moved, Duffy second to -approve -the requirement for concrete curb and gutter in Bel Air 4th Subdivision.. Mr. Stan Mohn, was presen and urged the Council to allow him to use asphalt curb and gutter. He stated that he was under the assumption that it would be alright to put asphalt curb and gutter in this subdivision because he had made hi plans prior to 1977. The City Policy was changed in 1978 to require concrete curb and gutters in all new subdivisions. It was noted that Mr. Mohn did not have his plans finalized until 1978. He was also give the benefit of 5 foot sidewalks to compensate for the cost of putting in concrete curb and gutters. Ayes (4). Nays (1). Alderman Allen vote nay. Motion carried. in Allen moved, Strain second to approve the request of_,.the Downtown Re,tW ers annual sidewalk days sale for August 2,3, and 4th, 1979. Ayes (5), Nays (0). Motion carried. Duffy moved, Strain second to approve the licenses and bonds. After roll call vote, Aldermen Duffy, and Strain voted aye. Ayes (2). r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL il_63 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 2, 1979 Agenda Item E-7 Nays (,3). Aldermen Allen, Solinger and President Pro-Tem Larson. ;; Motion not carried. The Aldermen voted to exclude Lolita's at 301 1/2 N. Broadway. Sol:i;nger:.Imdved, Allen second to approve the following licenses and bonds excluding Lolita's:° On•=Sale,3:2 Beer from Lowell E.Fredin of The Wooden Nickel-513 2nd St. IV. W. He also applied for Off -Sale 3.2 Beer and a,Cigarette License. On -Sale 3.2 Beer-Temporar, for The Beer Garden at the Olmsted County Fair - and 3.2 Beer license from Ruben Wegner for the July 4 festivities at Silver Lake Park. Cigarette License received from R. Nelson, Sioux Falls, S. Dakota for the Olmsted County Fair Grounds: Master Installer License from Charle! L. Fisher, Eagan, Minnesota and a Contractor's License for Allied Metalcraft Company, Eagan, Minnesota. A Bond in the amount of $5,000. has been paid. Ayes (3), Nays;(2). Aldermen Duffy and Strain voted nay. Motion carried. E-8 Strain moved, Allen second to adopt Resolution No. 404-79 approving the low bid of Jones Chemical, Inc. for the year's supply of Liquid Chlorine at $8.03 per cwt. This is for the Water Reclamation Plant. Ayes (5), Nays (0). Motion carried. E-9 Solinger moved, Duffy second to accept and file in -.the -City Clerk's office the Comprehensive Annual Financial Report for the year ending December 31, 1978. Ayes (5), Nays (0). Motion carried. E-10 Duffy moved, Strain second to adopt Resolution No. 405-79 authorizing facsimile signature of Mayor Chuck Hazama'against the general account at the First National Bank and the payroll at the Northwestern National Bank. Ayes (5), Nays (0'). Motion carried. . E-11 Solinger moved, Allen second to approve the payment of Accounts Payable in the amount of $825,210.89 (semi -monthly list attached) Ayes (5), Nays (0). Motion carried. E-12 The Request to Purchase a Pool Bulkhead at the Rochester/ Olmsted Recreation Center was not acted on at this Council meeting. This will be taken up at the July 16, 1979. Allen moved, Strain second to place this on the July 1.6, 1979 meeting. Ayes (5), Nays (0). Motion carried. E-13 Duffy moved, Allen second to approve the Annexation request by A.B. Systems Inc. for the annexation of approximately 40 acres in the S.E. quarter of U.S. 52 and U.S. 63 Intersection. Also included in the annexation was the 4 parcels located outside the present City Limits,south of the 12.Sea's Subdivision. Ayes (5), Nays (0). Motion carried. E-14 Solinger moved, Strain second to approve the Preliminary Plat of Moehnke's First Subdivision subject to the following: 1. Provision of the entire right-of-way width (66 feet) for 19th Avenue N. W. on the final plat. 2. That-this--pl_at'As'approved subject to the under- standing that direct access onto 18th Avenue will be allowed only unt, such time in the future that access is available from yet to be develc local streets in the area, at which time it will be abandoned. Ayes (5), Nays (0). Motion carried. 1 Ped RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-15 E-16 E-17 E-18 E-19 E-20 E-21. Duffy moved, Allen second to approve the Preliminary Plat, Seehusin Industrial Park subject to the following: 1. Inclusion of a "no access" provision along the south line of the plat where it abuts US 14. 2. The provision of additional right-of=way to tie the front- age road into 19th Street N. W. or approval of a variance to Section .41.305(5) of the Subdivision Ordinance allowing the platting of a cul de -sac over 600 feet in length by the Council. Ayes (5),Nays (0). Motion carried. Allen moved, Strain second to instruct the City Attorney to prepare an Ordinance making the following changes to the street names in Country Club Manor 12th as follows: Present Name: 38th Avenue N. W. (from 4th Place, north to cul-de-sac) - New Name - 40th Avenue Lane N. W. Present Name : 41st Avenue N. W. ( from 2nd St. N. W. to 3rd Street N. W.) to New Name - 42nd Avenue N. W. -Present Name - 2nd Street N.W. (from old 41st Avenue now 42 Avenue', east to middle of curve or approximately 650' east) New Name - 2nd Place N. W. Ayes (5), Nays (0). Motion carried. Allen moved, Solinger second to adopt Resolution No. 406-79 adding paragraph (28.5) of Section E, Passenger Loading Zone as follows: 28.5 Second Street S. W. on the North side 18 feet more or less in front of the premises known as 7 - 2nd St. S. W. (Tinkler's - 1 stall) between the hours of 5:00 P.M. to 1:OO A.M. Monday thru Saturday. Ayes (5), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 407-79 to delete Paragraph (15) of Section E Passenger Loading Zones. and add paragraph (4). Section I Parking Meters, Zone A 12 minute to read (4) First Street N. W. on the north side from a point 20 feet more or less west of North Broadway to a point 38 Feet more or less west of North Broadway ( 1 stall ). Ayes (5), Nays (0). Motion carried. Strain moved Solinger second to adopt Resolution No. 408-79 accepting the feasibility report and order a hearing to be held August 6, 1979 at 7:30 P.M. on the -following - Project No. 6705-1-79 J 8694. Sanitary Sewer and Watermain, and Service Connections stubbed.into thl boulevard in Valkyrie Lane N. W. to serve portions of Lot 6, Block 1 Lot 1, Block 1, Valhalla First Subdivision. Ayes (5), Nays (0). Motioi carried. Strain moved, Allen second to adopt Resolution No. 409-79 ordering a feasibility report on. Project No. 6311-1-79 J 8673 Construction of concrete curb and gutter and storm sewer on llth Avenue N. E. and Teton Lane from the north line of Peck's 6th Addition to 19th Street N. E. Ayes (5), Nays (0). Motion carried. Allen moved, Duffy second to adopt'Resolution No. 410-79 and 411-79 approving an agreement for engineering -services between the City and Volstad-Associates for services in Country Club Manor 6th Addition - Project No. 5720-79 J 8689 - Construction of a 12 inch Trunkline Watermain from the High Level Watertower located on Lot 1, Block 5, Manor Woods First Sub. to the inplace 12 inch Trunkline Watermain located between Lots 20 and 21 Block 24 Country Club Manor ind I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA Rpqular MPPtin9 No 3 - JulyT2, 1979 Agenda Item E-21 6th Addition and approving the plans and specifications prepared by Volstad Associates and entitled Basic Construction in Country Club Manor 12th Subdivision - The:City Clerk and the Mayor are directed to execute a contract with Johnson Drake and Piper, Inc. for the construction of said improvements. Ayes (5), Nays (0). Motion carrie E-22 Allen moved, Duffy second to adopt Resolution No. 412--79 accepting th feasibility- report & order a hearing to be held on August 6, 1979 at 7:30 P.M. on Project No. 7904-1-79 J,-:8688 Construction of all unde ground public utilities and streets in proposed Radichel First Subdiv including the westerly two lanes of future 35th Avenue N. W. from the plat limits to T.H. No. 14. Ayes (5), Nays. (0). Motion carried. E-23 Duffy moved, Strain second to adopt Resolution No. 413-79 and 414-79 approving an agreement for engineering services between the City and Yaggy Associates, Inc. for basic construction of Eastgate Comm- ercial Subdivision Project No. 7905 J 8690 and approving the plans ans specifications prepared by Yaggy Associates, Inc. entitled Basic Construction in Eastgate Commercial Park 1st Sub. and execute a contract with Richard R. Arend and Carol M. Arend, and Michael J. Arend. Ayes (5), Nays'(0). Motion carried. E-24 Duffy moved, Strain second to approve the agreement with TSP Engineer! a_ for flood proofing studies of the Art Center, Civic Theater, Mayo Ci) Arena and Fire Stations One and Two at a cost not to exceed $5,000. Alderman Strain would like a report on the activities of this firm Ayes (5), Nays (0). Motion carried. Resolution No. 414A-79. Alderman Powers arrived at 3:00 P.M. E-25 Strain moved, Duffy second to refer the Parking privileges for Friend! of the Library to the Committee of the Whole for discussion and analysis of the staff. This analysis would include the number of park- ing spaces needed for other groups that volunteer services to the City and the number of hours that spaces would be needed. Ayes (5), Nays (0). Motion carried. Carolyn Stanson of 1417 28th St. S.W. was present and stated the need for these spaces. G-1 Allen moved, Powers second to remove the Amendments to the Zoning and Subdivision Ordinances pertaining to fees from the table. Ayes (6) Nays (0). Motion carried. Duffy moved, -Allen second to accept the changes as stated by Mr. Thomas Moore Director of Consolidated Planning and Zoning Department. Ayes (6), Nays (0). Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 415-79 approving a resolution of the Public Utility Board authorizing a contract with Sahara Coal Company., Inc. for 150,000 tons of Illinois Coal per year for five years at $28.50 per ton F.O.B. Harrisburg,, Illinois. Ayes (6),Nays (0). Motion carried. �sion South is RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 2, 1979 Agenda Item F-1 Strain moved, Powers second to adopt.Resolution No. 416-79 approving a resolution of the Public Utilty Board authorizing a contract with Energy Engineering, Inc. for 50,000 tons of coal in the amount of $40.42 per ton F.O.B. Silver Lake Generating Plant. Ayes (6), Nays (0). Motion carried. F-1 Strain moved, Duffy second to adopt Resolution No. 417-79 approving a resolution of .the Public Utility Board approving a service agreemen- with Pfeifer and Shultz/HRD, Inc. for services for Unit No. 4 Precipitator Repair Phase I in an amount not to exceed $6,000.00. Ayes (6),Nays (0). Motion carried. F-1 Allen moved, Strain second to adopt Resolution No. 418-79 approving a resolution of the Public Utility Board authorizing a purchase order agreement with IBM for 1 model 3881 Scanner in the amount of $31,045.00. Ayes (6), Nays (0). Motion carried. F-1 Solinger moved, Allen second to adopt Resolution No. 419-79 accepting a street easement pertaining to a portion of Lot 17, Allendale Sub. ii order to have street right-of-way for construction.on 19th Avenue N. Ayes (6), Nays (0). Motion.carried. F-1 Allen moved, Duffy second to adopt Resolution No. 420-79 approving an agreement between the City and Hawthorn Hills Associates for the disposal of digested sewage sludge at'a cost of $11,630.00 Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Rezoning property located east of Rocky Creek Mobil Home Park in the Conway Dashow Subdivision to R71 Single Family Residentia' District - R-2 Low Density Residential District and R-3 Medium Densit, ( 12 Seas ) was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Having no further business, Allen moved, Duffy second to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. A-1 President Pro-Tem Larson .called the meeting to order at 7:30 P.M., the following members.being present: President Pro-Tem Larson, Aldermen Allen, Duffy, Powers, Solinger and Strain. Absent: President Postier. B-1 A Hearing on the Application for a Planned Unit Development ( concept statement ) to be known as Tanglewood located along the east Frontage of US 52, north of llth Stree t S. W. Wishing to be heard was Gary MacKenzie of 430 Oak Street Mpls, Mn. and is the architect for the project. He explained the concept of the development and stated that they would build 10 townhouses with two and three bedrooms. They would range into the $100,000. price . He urged the Council to approve this development. Wishing to be heard was Frank Books who lives behind this development and is opposed to this. He would like to keep his view. Wishing to be heard was John Kahler of 1046 14th Avenue S. W. and is in favor of the project -He said this was a good project for this piece of property. John Perkins who Road I 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - - U67 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 2, 1979 Agenda Item B-1 lives near the property also is in favor of the development. Paul Olander who lives near the development stated that he thinks the project is.good but would like to see the hill left in a natural state: Having no one else present that wished to be heard, President Pro-Tem Larson closed the hearing. Duffy moved, Powerssecond to approve the concept statement with the condition that adequate coverage be made to preserve the hillside before, during and after construction. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on the Application for approval of a Planned Unit Develop- ment ( concept statement ) to be known as Northridge Village located between 24th and 25th Street N. W., west of 28th Avenue N. W. Wishing to be heard was Clark Kilpatrick , Architect for Diversified Structures and urged the Council to approve this. He presented a drawing of the buildings most of which would be three bedroom homes. he stated that he was trying to keep the construction cost down so that the homes could be sold cheaper. Charles Reiter of the Consolidated Planning and Zoning Dept. stated that the neighbors were worried about the density of this development. Chuck Wood of 2220 22nd St. N. W. was present and was opposed to this. Ernest Sorben of 2415 27th Avenue N. W. was also opposed to this project. Edgar Gosewisch of 3506 18th Avenue N. W. was opposed. Barb Simerdiak of 28th Avenue N. W. was opposed to this she stated the streets were to small for the traffic. Mr. Kilpatrick stated that the land was brought in R-3. Having no one else present that wished to be heard, President Pro-Tem Larson closed the hearing. After discussion by the Council, they would"like to see more recreation area, and parking is bad,and it appears that they have to many units on one block. Powers..moved, Solinger second to refer this back to the Planning and Zoning Commission for further study and reworking. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Final Plat of Eastgate Commercial Park First Sub. Having no one present that wished to be heard, President Pro-Tem Larson closed the hearing. Allen moved, Strain second to adopt Resolution No. 421-79 approving the plat. Ayes (6), Nays (0). Motion carried. B-4 A Hearing.on_the Project No. 7906 J 8691 Sanitary Sewer and Watermain to serve UHAUL property on Lot 9, Auditor's Plat "D" and others from 16th Avenue N. W. at 5th Street N. W. Having no one present that wished to be heard, President Pro-Tem Larson .closed the hearing. Duffy moved, Powers second to adopt Resolution No. 422-79 ordering the project to be made. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on'Projec.t- No. 5801-A-69 J 8251 Construction of : Elevated tank for water storage, high level district, west service ari &-trunk-*watermain for high level district west service area, 44th Avi N. W. and 2nd Street N. W.between well site and tower site. Having no one present that wished to be heard, President Pro-Tem Larson closed the hearing. Powers moved, Solinger second to adopt Resolution No. 423-79 accepting the deferred assessments including charging the interest. Ayes (6),Nays (0). Motion carried. ue Agenda Item H-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA A Hearing on the Proposed deferred assessments on Project No. 7002-0- 78 J 8629 Extension of Sanitary Sewer Service from 24th Avenue S. E. serve three acres of land to be platted as Fierke's Subivision; and portion of Project No. 700-0-70 a previously deferred project describ. ed as: Sanitary Sewer Trunkline with Extensions and Watermain from the south line of -Lot 35 Auditors Plat A to DeWitt's Subdivision and Parkside Trailer Village. Wishing to be heard was Marland Fierke who owned the subdivision known as Fierke's Subdivision. He stated that he received figures from the Public Services Dept. regarding this assessment and they were a lot lower then what is being assessed Mr. Al Toddie from the Public Services Dept. stated that the figures Mr. Fierke had were from an engineer estimate and that the final figures had not been available. Having no one else present that wished to be heard, President Pro-Tem Larson closed the hearing. Strain moved, Duffy second to adopt Resolution No. 424-79 approving the assessment. Ayes (5), Nays (1). President Pro-Tem Larson voting nay. Motion carried. A Hearing on the Deferred Assessments on Project No. 6303-1-70 J 8339 Extension of Sanitary Sewer and Watermain in 3rd Avenue N. E. to Lot Block 1, Northstar Subdivision. Having no one present that wished to be heard, President Pro-Tem Larson closed the hearing. Duffy moved, Strain second to adopt Resolution No. 425-79 accepting and levying thi assessments. Ayes (6), Nays (0). Motion carried. A Hearing on the Deferred Assessments on Project No. 6251 Constructi the first Section of the N.E. Trunkline Sanitary Sewer in South 1/2 of Sections 23 and 24 Cascade Township. Having no one present that wished to be heard , President Pro-Tem Larson closed the.heari.ng . Allen moved, Strain second to adopt Resolution No. 426-79 accepting and levying -the assessments. Ayes (6), Nays (0). Motion carried. Powers moved,Solinger second to approve the Supplemental Agreement No 1 for Project No. 6207-4-77A J 8650 Street Construction on 7th St. N. this was increased by $15,750.00. Ayes (6), Nays (0). Motion carried. An Ordinance annexing to the City approximately 40 acres including adjoining 4 parcels in the SE 1/4 of U.S. 52 and U.S. 63 Intersection ( A.B. Systems, Inc.) was given its first reading. An Ordinance Relating to Zoning Fees and Subdivision Fees of the City of Rochester, amending Rochester Code of Ordinances Sections 31.16 and 61.700 was given its first reading. Allen moved, Strain second to adopt Resolution No. 427-79 approving the negotiation agreement between the City of Rochester and Campbell Hotel Co. Ayes (6), Nays (0). Motion carried. Powers.moved, Duffy second to adopt Resolution No. 428-79 approving the negotiation between the City of Rochester and the Olympus LTD Ayes (6), Nays (0). Motion carried. of IV RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ' JLJG9 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 3 - July 2, 1979 Agenda Item F-1 An Ordinance Changing the names of certain streets and Avenues dedicated in Country Club. Manor 12th Subdivision, Rochester, Minnesota amending Rochester Code of Ordinances, Section 75.01. was given its first reading. H-2 Powers moved, Strain second to accept the appraisel price of $157,000. on a parcel of land offered the City by Rochester Methodist Hospital. This is East of Central Park. Ayes (6), Nays (0). Motion carried. aving no further business, Allen moved, Duffy second to adjourn the eeting. Ayes (6), Nays (0). Motion carried. City Clerk �rn� Information - July 2, 1979. 1. Suit Filed by Non -Exempt Employees Association against the City of Rochester - ( referred to City Attorney ). 2. Suit Filed by Alden Wildfeuer against the City of Rochester ( referred to the City Attorney ) 3. Petition to deepen and widen Cascade Creek ( ref. to Pub. Services Dept. for review and recommendation ) 4. Claim for Injury, Roger Gansen, 30 Sunnydale Lane S.E. ( ref. to Attorney ;and Public Services ) 5. Suit by Richard McLaughlinagainst the City of Rochester (ref. to City Attorney ) 6. Request for a Truck Loading Zone ( ref. to Public Services Dept. ) 7. Petition to Rezone 40 acres'nearrthe Intersection of U.S. 52 and U. S. 63 (A.B. Systems ) - referred to Planning Commission.