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HomeMy WebLinkAbout03-24-1980.1312 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 B-2 C'MM, CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980 President Postier called the meeting to order at 7:30 P.M., the foll ng members being present: President Postier, Aldermen Allen, Duffy, arson, Powers, Solinger and Strain. Absent: None. Duffy moved, Powers.second to approve the minutes of the March 3, and March 20, 1980 meetings. Ayes (7), Nays (0). Motion carried. A -Hearing on Project 6206-2-79 J 8692 Street Improvements on Sixth Street S. E. from Fourth Avenue S. E. to 13th Avenue S. E. Wishing to be heard was Roger Plumb, Public Services Director. Mr. Plumb presented slides on the condition of 6th Street and gave a brief summary of the history on the feasibility of projects such as the 6th Street project. He stated that the financing for the project is $78,000. proposed assessments against the property owner, $45,000. City cost and $339,000..Minnesota State Aid. Speaking in opposition of the project was Carl Arrow of 1427 Durand Ct. S. E. and appeared on behalf of 150 opposing citizens. He stated that the cost was to much for the citizens, and they really don't need the street widened. He also stated that the safety factor was of great concern to the residing citizens. Steve Larson of 1018 5th Avenue S. E., Roselle Sonnenberg of 6th Street S. E., Glen Amundson of 813 6th Street S.E., Richard Stanger of 1819 Wilshire.Dr. N. E., Michelle Amundson of 813 6th Street S. E. ( composed a poem ), Merrill Davis of 301 14th Ave. S. W., Peggy Rubenstein of 812 8th Avenue S. E., Karen Carpenter of 927 27th Avenue S. E., Gerald Ruben 830 4th St. S. W., Therese Billings of 617 12th Avenue S. E., Mrs. Jim Buske of 603 llth Avenue S. E., Ross Meyer of 407 6th St. S. E., Chris Batchelder of 415 16th Avenue.S::W., Melody Biesel of 602 llth Avenue S. E., Paul Wilson of 1204 5th Street S.E., William Barnes of 927 5th Avenue S.E. Wilma Wolverton of 1207 3rd Avenue S. E., Ed Donoghue of 403 6th St. S. E., Juliane Jahn of 915 9th Avenue N.W. were opposed to this project. Having no one else present that wished to be heard, President Postier closed the hearing. After discussion by the Council Allen moved, Solinger second to deny the project. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment on Project No. 6202-3-78 J8518 Sanitary Sewer and Watermain extension to serve the Hillside School Lots 1 and 2 of the Hillside Addition - Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 132-80 accepting the assessment. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment on Sidewalk Replacement Project No. 2-1979 J 8635. Wishi,6g to be heard was Paul Thomas of 607 5th Avenue S. W. and -.:stated that his property on 304 l.lth Avenue N.E. had' been replaced by himself, and the City came along and replaced it agai ;Randall Johnson of 309 9th Avenue N. E. stated his sidewalk was put in crooked and would like to have this checked. David Burbank of 1210 5th Street N. E. stated th4t 20 feet was marked to -be. replaced, but the contractor cracked the whole strip when replacing the marked foot- age. He does not think that he should•pay for the whole strip. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1313 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980 Agenda Item B-3 Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Powers requested that Public Services Department check a problem at 1210 2nd St. N. E. Lot 9, Block 2, his shut off valve for his water was tbur.ed' and is hard to get to. Also received was a letter of protest from the Pentecost Church.' Aldermen instructed the Public Services Department to follow up on the complaints of these citizens. Having no further discussion, Powers moved, Larson second to approve the assessments -and adopt Resolution No. 133-80 contingent upon Ahe items stated above are taken care of. Ayes (7), Nays (0). Motion carried. AM Hearing on the Proposed Assessment on Project No. 6316 112 -4-79 8683 Concrete Curb and Gutter on the West Side of 16 112 Avenue N.W. rom 14th Street N. W. to 16th Street N. W. Having no one present tha ished to be heard, President Postier closed the hearinc". 1len moved, olinger second to adopt Resolution No. 134-80 accepting the assessmen yes (7), Nays (0). Motion carried. B-5 A Hearing on the Application for PUD ( Amended Final Plan) by Northgate Investors, Ltd. at 1200 7th Street N. W. to be known as Northgate Center. Wishing to be heard was Claude Glatzmaier - , Rochester, Minnesota partner in the Project was present for any quest- ions that the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to adopt Resolution No. 135-80 approving the Application Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Petition to Change the Zoning District from R-1 to R- 3 on approximately 5 112 Acres of vacant land on the east side of T.H. 52 on the south side of 33rd Street N. W. Wishing to be heard as Dwayne Johnson on behalf of Jim Donlinger the petitioner. -He urged the Council to approve this. Wishing to be heard was Joyce Pellnar f 2030 33rd St.,N .W. and stated that 4 neighbors were opposed to this etition. John Ruegg of 1905 33rd St. N. W. stated that R-3 is to uch change and was opposed. Having no one else present that wished to e heard, President Postier closed the hearing. Solinger moved, Duffy econd to deny the project. Ayes (7), Nays (0). Motion carried. B-7 Hearing on the Petition to Change the Zoning District from R-4 to -3 and from B-lb to R-3 on Lots 1,2,3, and 7, Block 1 Replat of Lot ,'Block 1, Campustown Subdivision. Wishing to be heard was Jim ehman of 758 Neville Ci. S.E. He is against this- says that the application wanted to make a mobile home court on this land and is pposed. Dave Alexander Developer of Homestead Trails stated that here is 100 lots in the area and they are trying to get low cost ousing for citizens. David Carrish of 724 Neville It. S. E. athy Ryba 715 Neville Ct. S. E. is opposed. Having no one else preset hat wished to be heard, President Postier closed the hearing. Powers oved, Larson second to approve the petition. Ayes (7), Nays (0). otion carried. it 1314 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item S C-1 E-1 E-2 E-3 E-4 e Regular Adjourned Meeting No. 28 - March 24, 1980 A Hearing on the Petition to Change the Zoning District from M-lFF to R-3FF on Lots 4-9 Block 38, Northern Addition. Wishing to be heard was Willard Larson of 1546 7th Avenue N. E. urged the Council to app- rove this. He stated that one of the owners of a parcel is attempting to.get the area cleaned up. He stated that the area did suffer flood damage, but not the mobile home area. A citizen of the mobile-rhome court did not thank it was necessary to change the zone. He was opposed. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Duffy second to approve the change and instruct the City Attorney to prepare, -,an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on the Petition to Change the Zoning District from R-1 to R-3 on 7.14 acres of vacant land east of T.H. 63 North on the South side of 33rd St..N.E. Having no one present that wished to be heard,; President Postier closed the hearing. Strain moved, Solinger second to approve the change and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Amendments to the Zoning and Subdivision Ordinance Incorporating Drainage and Erosion Regulations. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to approve the amendments and instruct the City'Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0):.. Motion carried. Allen moved,'Strain second to approve the Establishment of Inter- national Affairs Committee. 10 or 12 appointments will be sought. This was requested by the Mayor. Ayes (7), Nays (0). Motion carried. Allen -moved, Strain second to approve the Normandale Properties (Rauenhorst Project ) and designate Rauenhorst as developer for their proposed site and authorize entering into a Phase I agreement between Normandale Properties and the City of Rochester. John Kruesel of Route # 6 Rochester and Donna Meline of 826 19th St. N. E. were present and were opposed to this project. Having no furth discussion, ,vote was taken. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to approve the Phase I agreement terms, authorize staff to secure the first acquisition appraisals for the Stevens/Gikas Project ; That Stevens and Gikas be designated as the Developers for their proposed project site and give favorable con- sideration to the Developers' request for tax exempt financing. Ayes (7), Nays (0). Motion carried. Strain moved, Duffy second to approve the. request for On -Sale Wine License received from Kenneth. L. McKee on behalf of Denny's, Inc. 1226 South Broadway. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the transfer to Michael and Kathryn Carroll of the On -Sale Liquor License presently held by Thomas (Murphy for the premises at 524 llth Avenue N.W. ( Bacchus Lounge ) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 13. �5 Regular Adjourned Meeting.- 28 - March 24, 1980 Agenda Item E-4 This transfer is effective.on April 1, 1980; and approving the trans- fer to Thomas G. Murphy ( Dooley's Inc. for an on -sale liquor license presently held by Donald Jacobsen for the premises known as the Happy Warrior Bar. It is the intention of Mr. Murphy to move the license to a proposed new building located at 1201 Eastgate Road S.E. This is effective on May 1, 1980. Ayes (6), Nays (0). Alderman Strain abstained. Motion carried. E-5 Duffy moved, Larson second to approve the adoption of a policy statement of the Rear Yard Drainage. This will control the problem.;in planning stage. Ayes (7), Nays (0). Motion carried. E-6 Solinger moved, Allen second to adopt the Sewer and Water Policy and instruct the City Attorney to prepare an amendment to Rochester Code of Ordinances 76.13 approving the amendment. Ayes (7), Nays (0). Motion carried. E-7 Allen moved, Strain second to approve the following licenses and bond! Application from Leon J. Katz for a Master Plumbers License. Bond in the amount of $2,000. has been submitted. Application for a single gambling License received from the Rochester Morning Sertoma Club for a raffle to be held -on May 30, 1980 at the K-C Hall; Request received from the Triad Sign Service, Inc. at 1937 7th St. N. W. to terminate the business as of January 3, 1980. This was requested by the bonding company so that a refund could be made to the sign company on the bond as of Janaury 3, 1980. Ayes (7), Nays (0). Motion carried. E-8 Larson moved, Strain second to adopt Resolution No. 138-80 awarding the bids for Traffic Controllers to Honeywell at $10,880. each and purchase of three controllers instead of four. Ayes (7), Nays (0) Motion carried. E-9 Powers moved, Larson second to approve the Resolution No. 139-80 awarding the bid for a one ton 4 wheel drive pickup for the Fire Department in the amount of $9,105.00 to Clement's Chevrolet, Rochester, Minnesota. It was decided to keep the 1973 GMC which was offered as a trade-in. .Ayes (6), Nays (1). Alderman Duffy voted nay. Motion carried. E-10 Duffy moved, Larson second to adopt Resolution No. 140-80 readvertisin for two 27,500 GVW on dump trucks and boxes. The City received one bid, and the Council decided not to open that bid and readvertise. Bids will be opened on April 2, 1980 at 11:00 A.M. It was noted to advertise for the individ6a _-,heavy duty bucket seats. Ayes (7), Nays (0). Motion carried. E-11 Strain moved, Solinger second to approve the request to issue a Changer Order on Parking Meters approved on the March 3, 1980 Council meeting. The bid of Duncan Industries was accepted for 154 duplex and 40 single parking meters. The washer detector was not otion giyinAl bid and this was to be included. Ayes (7), Nays (0). 1316 Agenda Item E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980 Powers moved, Solinger second to adopt Resolution No. 141-80 approvin the request to advertise for bids on Season's supply of Liquid Asphalt and Aggregate Products and Plant Mixed bituminous. Bids to be opened at 11:00 A.M. on April 2, 1980. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to adopt Resolution No. 142-80 approving a request to advertise for bids on furnishing a pheumatic roller for the Street and Alley Department. Bids will be opened at 11:00 A.M. on April 15, 1980. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to approve the Accounts Payable in'the amount of $354,618.38 ( semi monthly ) list attached. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to table the D & R Agent for the City's Employee Assistance Program. The Committee of the Whole would like to discuss this further. Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 143-80 adopting the Land Use Plan for the City of Rochester. Wishing to be heard was Bill Voelker, Rochester, Minnesota and he stated that.he strongly objected to the Land Use Plan. He stated that some areas do not fit this plan. Having no further discussion, vote was taken, Ayes (7), Nays (0). Motion carried. Strain moved, Larson second to approve the Prel.i.mi.nary Plat of Woodlake Industrial Park subject to the following conditions: 1. Dedication of the necessary utility easements on the final plat. 2. Provision of a temporary cul-de-sac at the south end of Thrid Avenue S. E. 3. Inclusion of a no -access provision along U.S. 63 and U.S. 52 4. Satisfacotry solution to the surface water drainage problem within the development. Ayes (7), Nays (0). Motion carried. Solinger moved, Larson second to approve the petition to annex by Ordinance 6.00 Acres of--u-nplatted land lying east of T.H. 63 on the south side of 33rd Street N.E., east of the recently annexed Wellner Kuse Property. Ayes (7), Nays (0). Motion carried. The City Attorney was instructed to prepare an Ordinance for adoption. Duffy moved, Strain second to adopt Resolution No. 144-80,.-setting a date for a hearing to be held on April 21, 1980 at 7:30 P.M. on the vacation of the unimproved portion of 21st Avenue N. W. between the north line of Rolling Greens Second Addition and 41st St. N. W. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 145-80 closing local improvement projects and transferring unexpended balances pursuant to the City Charter, Section 163, Sub. 4. Ayes (7), Nays (0) Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 131 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980 Agenda Item E-21 Strain moved, Powers second to adopt Resolution No. 146-80 approving the initiation of the Project No. 6300-N-80A J 8719 Watermain exten- sion along the east side of TH No. 63 from a point 100 feet north of the centerline of Northern Hills Dr. N.E. to a Pt. 210 feet south of the extension of the centerline of 27th Street N.E. This is refer to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0). Motion carried. E-22 Powers moved, Solinger second to adopt Resolution No. 147-80 approvini the initiation of the Project No. 8003-J 8718 Watermain extension in 6th Avenue N. E. from the inplace main 360 feet north of 31st Street N. E. to and through the SE 1/4 NW 1/4 of Section 24 Cascade Township to the east'of Trunk Highway No. 63 and along the east side of Trunk Highway No. 63 to a point appox. 200 feet south of the north line Section 24 Cascade Township. Ayes (7), Nays (0). This is also setting a hearing for April 21, 1980; E723 Solinger moved, Duffy second to adopt Resolution No. 148-80 approving an agreement between Decorator's Post providing the rental of the west.row of seven parking stalls in the South Broadway Fire Hall Lot. Ayes (7), Nays (0). Motion carried. E-24 Duffy moved, Strain second to adopt Resolution No. 149-80 authorizing the City Clerk to advertise for bids on Project- No. 6802-78 J 8666 Grading and Surfacing, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer and Service Connections in Rocky Creek Drive within Rocky Creek Fiest Sub. Bid opening will be 11:00 A.M. on April 30, 1980. Ayes (7), Nays(0). Motion carried. E-25 Duffy moved, Allen second to adopt Resolution No. 150-80 authorizing the City Clerk to advertise for bids on Project No. 7910 J 8701 Grading and Surfacing, Concrete Curb and Gutter, Watermain, Storm Sewer, Sanitary Sewer in 30th Avenue N.W. from Valleyhigh Drive to 25th St. N. W, and in 25th Street N. W. from 30th Avenue to the North Line of Valley High Village. Bids to be opened at 11:00 A.M. on April 30, 1980. Ayes (7), Nays (0).. Motion carried. E-26 Larson moved, Strain second to adopt Resolution No. 151-80 proceeding ith Awarding the low bid of $35,459.00 to Floyd Larson Construction Co. on Project No. 6303-2-80 J 2131 Storn Sewer in 3rd Avenue S. E. from a point 120 feet south of 3rd St. S. E. to the Zumbro River. Ayes (7), Nays (0). Motion carried. E-27 Solinger moved, Allen second to adopt Resolution No. 152-80 awarding he low bid of $23,593.70 to Floyd Larson Construction Co. on roejct No. 6203-1-80 J 2130 Storm Sewer in vacated 3rd St. N. E., st Avenue N. E. to 2nd Avenue N. E. .Ayes (.7), Nays (0). Motion arried. E-28 arson moved, Solinger second to adopt Resolution No. 153-80 designati est River Road and 41st St. N. W. as Municipal State Aid Streets ubje�t to the �pproval of the Commissioner of Transportation. Ayes 7), Nays 10). Motion carrie . 13-18 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980 Agenda Item E-29 Solinger moved, Powers second to adopt Resolution No. 154-80 referrin Project No. 6107-79 J 8674 Grading and Surfacing Concrete Curb and Gutter, and Storm Sewer in Golden Hill Addition lying north of 19th Street S. E. and east of Trunk Highway No. 63 to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. E-30 Allen moved Strain second to adopt Resolution- p No. 155 80 approving PP 9 an agreement with Yaggy Associates, Inc. for engineering services on Project No 7106-3-79A J 8714 Sanitary Sewer to serve Pennington Busin Park III Sub. Ayes (7), Nays (0), Motion carried. E-31 Strain moved, Allen second to adopt Resolution No. 156-80 approving an agreement with Yaggy Associates , Inc. for engineering services on Project No. 7907 J 8698 Watermain Extension to serve the proposed Seehusen Industrial Park. Ayes (7), Nays (0). Motion carried. E-32 Strain moved, Larson second to adopt Resolution No. 157-80 approving an engineering agreement with Yaggy Associates; Inc. for Project No. 7907-1-80 J 8715 Extension of the North Frontage Road, T.H. Hwy 14 from the east 1ine'Lot 1',. Block k Cascade Industrial Park across the proposed Seehusen Industrial Park. Ayes (7)', Nay, (0). Motion Carried. F-1 Strain moved, Larson second to adopt Resolution No. 158-80 approving the Election Judges for 1980 and the Polling places for the Charter Election. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Larson second to adopt Resolution 159-80 approving a resolution of the Public Utility Board approving a purchase order with Metro Forklift for Forklift truck not to exceed $16,662.00. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 160-80 approving a resolution of the Public Utility Board approving an agreement with General Electric Company for transformers at the IBM Substation. Cost not to exceed $19,260.00. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Powers second to adopt Resolution No. 161-80 approvin, a resolution of the Public Utility Board approving a purchase order with Westinghouse Electric Supply Co. for Electric Distribution Capacitors not to exceed $116,367.95. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 162-80 approving aresolution of the Public Utility Board approving a purchase order with Babcock and Wilcox for Pulverizer parts not to exceed $31,771.00 Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Larson second to adopt Resolution No. 163-80 approving a resolution -of the Public Utility Board for an agreement with Crescei Electric Supply Co. for wire not to exceed $82,293.39. Ayes (7), Nays (0). Motion carried. 11 E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 28 - March 24, 1980-._ Agenda Item F-1 Solinger moved, Strain second to adopt Resolution No. 164-80 approvinc the Agreement with Soil Exploration Company . Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Larson second to adopt Resolution No. 165-80 approving the agreement with _Southern Minnesota Municipal Powers Agency - Assessment for 1980. The amount not to exceed $21,254.40. Ayes (7), Nays (0);,; Motion carried. F-1 Solinger moved, Larson second to adopt Resolution No. 166-80 approvinc an agreement with People's Cooperative Power.:Association Inc. to provide Electrical power to the Rochester Municipal Airport. Ayes (7, Nays (0). Motion carried. F-1 Solinger moved, Duffy second to adopt Resolution No. 167-80 approving an agreement with McGhie and Betts, Inc. to perform engineering services for :-Project No. 8002- J 8717 Watermain extension to serve proposed Samaritan Bethany II. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Strain second to adopt Resolution No. 168-80 urging the legislature to lift the ceiling on the 7% bond rate. City Administration is to draft a letter and send this to our legislatures. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property to B-4 General Business - Lot 2, Block 3, Silver Acres Sub. ( Madonna Towers ) was given its second reading. Allen moved, Larson second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property to create a Planned Unit Development' known as PUD-13-46 - Lot 1 and Lot 2, Arend-Dalsbc-l-Addition was given its first reading. F-1 An Ordinance Rezoning property to R-3 Medium Density Residential on Lots 1,2,3, and 7 Block 1 Replat of Lot 1, Block 1 Campustown Subdivision was given its first reading. F-1 An Ordinance Rezoning property to R-3FF Medium Density Residential Flood Fringe on Lots 4,5,6, 7, 8, and 9 Block 38, Northern Addition ( Silver Lake Mobile Home addn.) was given its first reading. F-1 An Ordinance Rezoning property to R-3 Medium Density Residential District E of Highway 63 N. South side of 33rd St. N. E. was given its first reading. F-1 An Ordinance Relating to Land regulation, providing for drainage and erosion regulation; amending certain provisions in the Zoning Code, Subdivision design standards, and the procedure for approval of plats was given its first reading. 1320 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular. Adjourned Meeting No. 28 - March 24, 1980 Agenda Item F-1 An Ordinance Annexing to the City of Rochester certain unplatted land of approximately 6 acres located in SE 1/4 of Sec. 24, T 107N R14W (Wellner-Kuse Property ) was given its first reading. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Cle Information - March 24, 1980 1. Standing Committee Agenda February 11-1980 2. Standing Committee Agenda February 25,1980 3. Standing Committee Agenda - March 10, 1980. i