HomeMy WebLinkAbout06-16-1980RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 3 - Jung 16, 1980
Agenda
Item
A-1 President Postier called the meeting to.order.at:7:30 P,.)M: the fol.lo
i,ng members being present: President Postier, Aldermen Allen, Duffy,
Larson, Powers, Solinger and Strain. Members absent: None
Allen moved, Solinger second to approve the minutes of the June 2,
and June 6, 1980 meeting. Ayes (7), Nays.(0). Motion carried.
B-1 A Hearing on the Petition to vacate the north 44 feet of the alley
lying between Lots 6 and 7, Block 64 of the Original Plat of.the City
of Rochester, Minnesota. Having no one present that wished to be
heard, President Postier closed the hearing. Larson moved, Duffy
second to adopt Resolution No. 299-80 vacating the alley. Ayes (7),
Nays (0). Motion carried.
B-2 A Hearing on the Proposed Amendments to the Zoning Code, Table
5 & 6 regarding single family attached dwellings in the R-3 zoning
district. Having no one present that wished to be heard, President
Postier closed the hearing. Duffy moved, Solinger second to proceed
With these amendments and instruct the City Attorney. to prepare an
Ordinance for adoption. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on the Petition to Change the Zoning District from R-IFF
and R-1FW to B-4FF and B-4FW ( Genral Business District Flood Fringe
and Floodway ) on the Prow's Motel property. Having no one present
that wished to be heard, President Postier closed the hearing.
Solinger moved, Strain second to approve the change and instruct the
City Attorney to prepare an Ordinance making the change for adoption.
Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on the Final Plat of Apache Mall Shopping Center Resub-
division No. 2. Having no one present that wished to be heard,
President Postier closed the hearing. Solinger moved, Strain second
to adopt Resolution No. 300-80 approving.the plat. Ayes (7), Nays
(0). Motion carried.
C-1 Solinger moved, Strain second to approve the following appointments
by Mayor Hazama as follows Janice Larson of 1541 8th Avenue N.E.
reappointed to the Library Board- Term expires July, 1983. Ronald
Ress of 1.354 21 St:-.'N,:W. ,to the Public Utility Board. This reappointrr
expires June of 1984. Reappointment of Clair Siebert to the Public
Utility Board, term -expires June of 1983, and Dr. John C. Brodhun
to the Housing Board of. Appeals. Dr. Brohdun lives at 843 Sierra
Lane N. E. and the reappofntmerit is for a two year term ending April
1., 1982.. Ayes (7), Nays (0). Motion carried.
D-1 Powers moved, Allen second to table the letter received from Teleprom
Cable TV for a.rate adjustment. Ayes (7), Nays (0). Moti.on carried.
This will be discussed later in the meeting.
D-2 Allen moved, Powers second to adopt Resolution No. 301-80 stating tha
the City of Rochester has no interest in the acquisition through use
of public funds of the Chateau Theatre for future use as a center
for the performing arts,
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13 4 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
D-2 Wishing to be. heard was. Diane Hinderly of 2205 18th Avenue N W.
and she stated that the Citizens for the Save the Chateau would like
this theatre saved. She stated that until it could be utilized for
a performing arts center, it could be left a movie house. They have
not had much time to come up with funds, or alternatives to this
theatre. She urged the Council not to tear down this theatre.
Mayor Hazama stated that this building would take monies to maintain
& building such as the Chateau the City simply doesn't have that kin
of money available. He stated that since he took his stand -publicly
he received 40 calls in favor of using the site for development if
it is.needed. Aldermen stated that this was not a.vote to demolish
the Chateau Theatre, just a vote on whether to use public funds
to support this building as a Performing Arts Center. Having no
further discussion, vote was taken. Ayes (7), Nays (0). Motion
carried.
E-1 Strain moved Powers second to adopt Resolution.No. 302-80 extending
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the Fire Agreement for five years to June 30, 1985 with the townships
of Cascade, Marion, Haverhill and Rochester. Ayes (7), Nays (0).
Motion carried.
E-2 Powers moved, Solinger second to approve the issuance of a Sunday
On -Sale Liquor License to Dooley's Bar and Grille at 1201 Eastgate
Drive S. E. Since this license was a transfer from the Happy Warrior,
who had a Sunday Liquor License, Mr. Murphy, owner of Dooley' s had
to establish a menu before the Council would grant him a Sunday Licen e.
At this time Mr. Murphy presented a menu. Vote was taken Ayes (7),
Nays (0), granting the Sunday Liquor License.
E-3 Powers moved, Allen second to adopt Resolution No. 303-80 supporting
the Rochester Transportation Systems request of the Public Services
Commission of Minnesota to approve an increase in fares from $3.00
to $4.40 for the Airport Limousing Service and instruct the staff
to amend -the Airport Limousing Service contract adjusting the commiss-
ion from 10% to 7..25% of gross revenue if the Rochester Transportatio
System is successful in obtaining its new rates of $4.40 per passenge .
Ayes (7), Nays (0). Motion carried.
E-4 Strain moved, Duffy second to adopt Resolution No. 304-80.approving
the low bidder of Rexnord, Minneapolis, as contractor for construct-
ion of a conveyor system i.n the Central Baggage Claim Area at the
Rochester Municipal Airport - ADAP- 6-27-0084-09 State Project No.
5501-43 and instruct the Mayor and City Clerk to execute all document
pertaining to said project. Ayes (7), Nays (0). Motion carried.
E-5 Powers moved, Duffy second to approve the payment of the following
periodic estimates for the Rochester Municipal Airport as recommended
by the Rochester Airport Commissional. Win-Tec. Products, Inc.
$15,159.96 for work completed on the window replacement at the
Weather building; Weis Builders, Inc. $87,008.00 for work completed
UP -to- date on the Central Baggage Claim Area; McGhie and Betts
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
1375
CITY OF ROCHESTER, MINNESOTA
Regular_ Adjourned Meeting -No. 3 - June 16, 1980
Agenda
Item
E-5 $9,890.79 for engineering services on ADAP-6-27-0084-09 Taxiway
Overlay Project. Ayes (7), Nays (0). Motion carried.
E-6 Allen moved, Strain second to approve the request received from the
Rochester Jaycees to conduct a Fourth of July parade. The assembly
will begin at 9:00 A.M. and the parade will begin at 10:00 A.M.
They also requested use of Soldier's Field and;.:the Mayo Civic
Auditorium parking area for parade activities. The Police Departmenti
has approved the route furnished them by the Rochester Jaycees.
Ayes (7), Nays (0). Motion carried.
E-7 Solinger moved, Allen second -to approve the following licenses and
bonds: Application for Cigarette License from Gerald Birch for the
Olmsted County Fair Grounds beginning July 26, 1980; Request for-
a Sewer and Drain Connector License received from Atkinson Sewer
and Water, Zumbro Falls, Minnesota. The bond in the amount of
$1,000.00 is submitted. Request for On -Sale Beer License received
from George Margellos for the Greek Festival held on August 24, 1980
Request for On -Sale Beer License received from Ray Aune for the Olmstl
County Agricultural Association ( County Fair ) for the period of
July 28,.to August 3,1980. This is pending approval of the Rochester.
Police Department, and Request for an Auctioneer's License received
from Timothy J. Hawkinson, St. Paul, Minnesota. Bond in the amount
of $500.00 has been received. Ayes (7), Nays (0). Motion carried.
The_ -.Council. discussed..the,,application received -from. Dryus Rug
Galleries, ;'Inc. of ;Fairfield,`New 'Jersey. The .requested permission to
conduct an auction of oriental rugs on Thursday, June 26, 1980 at
the Midway Motor Lodge in Rochester. The Council felt that a limit
should be put on the quantity and types of auctions,bei-ng-held,
by non residents of the City. After this discussion, Duffy moved,
Strain second to approve the application but instruct staff to
report to the Committee of the Whole on the licensing procedure for
auctions in the. City of Rochester. Ayes (6); Nays..(1). Alderman
Allen voting.nay. Motion carried..
E-8 Duffy moved, Powers second to adopt Resolution No. 305-80 re-instatini
and extending the terms of the Phase I agreement to September 15,
1980 for the Campbell Hotel Project.. Ayes (7), Nays (0).. Motion
carried.
E-9
Chuck Pappas, stockholder of Michaels Restaurant, Rochester, Minnesota
wished to be heard concerning the designation of Jay Bagne as Develop•
er of a proposed site located on 112 of a block North of Center Stree.
and West to Broadway., Mr. Pappas was concerned in regar& '-to'
parking for Michaels restaurant. He stated that if the parking ramp
were built on West Center Street,'and another project were to be
accomodating this ramp, there would be a shortage of parking again.
Mr. Pappas stated that even if he were guarantee d`the first floor
parking in this ramp, it would be impossible to police'and he would
not have as much parking space as
he has now.. He stated that with
1376 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - June 16, 1980
Agenda
Item
E-9 the present developments being proposed in the area this ramp. will
be over subscribed. After discussion by the Council. They favored
Jay Bagne as Developer, but.stated their concerns for Mr. Pappas'
parking problems too. Duffy moved, Strain second to approve
designating Jay Bagne as the developer of the proposed site for a
period of 90 days during which time, terms of a Phase I agreement
will'be negotiated. The Staff is instructed to prepare a report to
the Committee of the Whole on the parking situation. Ayes (6),
Nays (0). Alderman Larson abstained. Motion carried:
E-10 Powers moved, Strain second to approve and designate Center Develop-
ment Company as the developer of the proposed site for a period of
sixty days during which time, terms of a Phase I Agreement will be
negotiated. This is for an area North of the Public Library on
South Broadway and South of East Center Street. Ayes (7), Nays (0).
Motion carried.
E-11 Allen moved, Solinger second to adopt Resolutions 306-80, 307-80 and
308-80 authorizing the City Clerk to advertise for bids on a Portable
Air Compressor for the Street and Alley Division - A Years Supply
of Liquid Chlorine for the Water Reclamation Plant and Domolition
and removal of of Sale'of homes at 103 3rd St. S. E. and 103 112
3rd Street S.E. Bids will be opened at 11:00 A.M. on July 1, 1980.
Ayes (7), Nays (0). Motion 'carried.
E-12 Powers moved, Duffy second to approve the semi-monthly bills in the
amount of $597,268.70 ( list attached ). Ayes (7), Nays (0)._Motion
carried.
E-13 Powers moved, Strain second to adopt Resolution No. 309-80 approving
the assignment of Securities in the amount of 70- in collateral in
lieu of a depository bond and releases in amount of $25,000.00 from
the Rochester State Bank and Trust. Resolution No. 310-80 approving
the assignment of Securities in the amount of $3,150,000.00 collatera'
in lieu of a depository bond and releases in the amount of
$3,450,000.00 from the Marquette Bank and Trust, Rochester, Minnesota
Resolution 311-80 approving the assignment of Securities in the amoun-
of $50,000.00 in collaterial in lieu of a depository bond and release!
in the amount of $150,000.00 from the Northwestern National Bank,
Rochester, Minnesota. Resolution No. 312-80 approving the assignment
of securities in the amount of $1,000,000.00 in collateral in li:e.0
of a depository bond 'and releases in the amount of -0-.from the
Olmsted Federal Savings and Loan Association, Rochester, Minnesota.
Resolution No. 313-80 approving the assignment of Securities in the
amount of $2,114,826. in collateral in lieu of a depository bond
and releases in the amount of -0- from the Rel:iance--Savings and Loan
Association, Rochester, Minnesota. Ayes (7), Plays (0). Motion carriec
E-14:_ Solinger moved, Powers second to approve the Proposed Amendments to
Chapter 64 (PUD) of the Zoning Code of the City of Rochester and
instruct the City Attorney to prepare an Ordinance for adoption.
Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL, 1377
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - June 16, 1980
Agenda
Item
E-15 Solinger moved, Allen second to adopt Resolution No. 314-80 approving
the request for a Metes and Bounds Subdivision of Unplatted Land by
John Pervin at 1325 Marion Road S.E. This includes tWol Parcels.
Parcel "A" 0..77 Acres - Sec. 7, T106N R13W, and Also Parcel "A"
0.15 Acres. Parcel "B" 0.99 Acres & 0.04 acres. Ayes (7), Nays
(0). Motion carried.
E-16 Solinger moved, Powers second to adopt Resolution No. 315-80 amending
our Parking Ordinance adding Paragraph (95) to Section B, Fourth
Street N. E. on the South Side from the Railroad Tracks to Second
Avenue, at all times. Ayes (7), Nays (0). Motion carried.
E-17 Powers moved, Strain second to adopt Resolution No. 316-80 authorizin
the City of.Rochester to enter into a contract with Serco, Inc. to
evaluate the laboratory procedures. Ayes (7), Nays (0). Motion Carrie,
E-18 Powers moved, Allen second to adopt Resolution No. 317-80 ordering
a hearing to be held on July 21, 1980 on Project No. 7403-80 J 8730
Extension of the North Bronytage Road as platted in Cascade Industrial
Park Subdivision east to 35th Avenue N. W. and construction of the
median crossing in Trunk Highway No. 14 to connect 35th Avenue N.W.
Ayes (7), Nays (0). Motion carried.
E-19 Duffy moved, Strain second to adopt Resolution No._ 318-80 authorizing
an agreement with McGhie and Betts, Inc. for Engineering Services
on Project No. 7403-80 J 8730 - Extension of North Frontage Road as
platted in Cascade Industrial Park Subdivision, East to 35th Avenue .
N. W. and. Construction of the Median Crossing in Trunk Highway No.
14 to connect 35th Avenue N., W. Ayes (7), Nays (0). Motion carried.
E-20 Powers moved, Solinger second to adopt Resolution No'. 319-80 and
320-80 declaring the cost to be assessed and ordering a hearing
on July 7., 1980 on Project No. 6015-J 8628 Grading and Surfacing,
Concrete Curb and Cutter in 2nd St. N. W. from 19th Avenue N. W. to
.the West Line of West Zumbro Addition. Ayes (7), Nays (0). Motion
carried.
E-21 Larson moved, Allen second to adopt Resolution No. 321-80 and 322-
80 declaring the costs to be assessed and order a hearing to:be
held on July 7, 1980 on Project No. 6107-78A J.8662 Sanitary Sewer
and Watermain to serve the West 1/2 of South 1/3 of Lot 6, Block 15,
Golden Hill Addition. Ayes (7), Nays (0): Motion carried.
E-22 Solinger moved, Larson second to adopt Resolution No. 323-80
approving the application for Maxi -Audit -Grant for detailed Energy
Audits of City owned buildingsA n-,the amount of $57,133.34 and autho
izing the Mayor and City Clerk to sign the agreements. Ayes (7),
Nays (0). Motion carried.
E-23 Larson moved, Powers second to adopt Resolution No. 324-80 and
325-80 declaring the assessments and ordering a public hearing
1378 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - June 16, 1980
Agenda
Item
E-23
E-24
E-25
E-26
E-27
E-28
E-29
E-30
to be held on July 21, 1980 on Project No. 7703 J 8475 - Parts I,
II, III, and IV - Construction of Water Reservoir and Connecting
Trunk Watermains to serve Low Level District'N. W. Service Area
North of 41st N. W. Ayes (7), Nays (0). Motion carried.
No action was taken at this meeting - Motion had been made at the
June 6, 1980 Special Meeting - Supplemental Agreement No. 1 for
Project No. 6311-1-79 Curb and Gutter, Storm Sewer. in-llth Avenue N.E'
Powers moved, Allen second to adopt Resolution No. 326-80 approving
the contract for Reimbursement from Urban Mass Transportation Admin-
istration ( Project MN05-4024 ) and direct the Mayor and City Clerk
to sign the grant contract., Ayes (7), Nays (0). Motion carried.
Allen moved, Strain second to adopt Resolution No. 327-80 and 328-80
declaring the costs to be assessed and ordering a hearing to be held
on July 7, 1980 on Project No. 6216-3-71 J 8392 Street Improvements
in 16th St. S. W. T.H. 63 to West Line Graham Addition. -
Lot 4, Toogood Terrace - Plat 8980 Parcel 00400 - This was a deferred
assessment to 510 16th Street S. W. Ayes (7), Nays (0). Motion carries
Allen moved, Strain second to adopt Resolution No. 329-80 awarding
the low bid of Fraser Construction Company in the amount of
$924,839.52 for Project No. 7904-1-79 J 8688 for Basic Construction
of all Underground Public Utilities and Streets in Proposed Radichel
1st Subdivision including the Westerly Two Lanes of Future 35th
Avenue N. W. from the'South Limits to T.H. 14:' Ayes (7), Nays (0).
Motion carried.
Powers Moved, Larson second to adopt Resolution No. 330-80 correcting
the Assessment Roll previously submitted on Sidewalk Replacement
Project No. 2-1979 J 8635. The correct amount is $114,734.06. The
correction is for Emil Neitz- 30 7th Avenue N. E. Plat 5280 Parcel 12:
His assessment amount is $715.72. Ayes (7), Nays (0). Motion
carried.
Duffy moved, Solinger second to adopt Resolution No. 331-80 and 332-81
declaring the cost to be assessed and ordering a hearing on the
deferred project No. 6706-I,II,IIA ( J 8183,8184 and 8185 - Trunklini
Watermain for Low District S. W. Service Area; Elevated Tank and
Trunkmains. This is to Lot 4, Toogood Terrace plat 8980 parcel 00400
and is against 510 16th Street S. W. Ayes (7), Nays (0). Motion
carried. The hearing will be July 7, 1980.
Duffy moved, Strain second to adopt Resolution No..333-80 and 334-80
declaring the cost to be assessed and ordering a hearing for July 7,
1980 on a deferred assessment on Project No. 7101 J 8359 Sanitary Se
and Watermain Extension to Minnesota Bible College - 510 16th Street
S.W. Plat 8980 Parcel 00400. Ayes (7), Nays (0). Motion carried.
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E-31 I Powers moved, Strain second to adopt Resolution No. 335-80 accepting
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 13 o 9
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 - June 16, 1980
Agenda
Item
E-31 the Grant Offer for the development of Rochester Municipal Airport
ADAP Project.No. 6-27-0084-09 Taxiway Overlay in the amount of
$570,230.00 The Mayor and City Clerk are authorized to sign said
grant offer.. Ayes (7), Nays (0). Motion carried.
E-32 Duffy moved, Powers second to set the.annual salary of City Administ-
rator effective 6-1-80 at $41,000.00. Ayes (7), Nays (0). Motion
carried.
F-1 Strain moved, Powers second to adopt Resolution No. 336-80 approving
a resolution of the Public Utility Board requesting authorization to
pay Hirman Insurors for 1980 Comprehensive General Liability Ins.
Premium not to exceed $73,424.00. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Relating to the Planned Unit Developments; Amending
Rochester Code of Ordinances, Sections, 64.100, 64.202,.64.204,
64,205, 64.302, 64.303, 64.304, 64.401, 64,402, 64,403, 64,404, 64,
502, 64,503, and 64,504; Repealing Rochester Code of Ordinances,
Sections 64,305, 64.306, 64,307, 64,308, 64,309, 64,310, 64,311,
64,312. was given its first reading.
F-1 An Ordinance Rezoning Certain Property to B-4FF and B-4FW on Lots 23
and 24, Auditor's Plat D was given its first reading.
F-1 An Ordinance Relating to the Zoning Code of the City of Rochester,
Relating to appropriate locations for single family attached struc-
tures; Amending Table 5 in Chapter 66, Rochester Code of Ordinances
was given its first reading.
F-1 An Ordinance Relating to certain Street Names Amending Rochester
Code of Ordinances Section 75.01 from Skyline Drive S. W. to Skyline
Lane S. W. was given its second reading. Larson moved, Allen second
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning certain property creating a Planned Unit
Development District known as PUD-R-48 and Amending Ordinance 1659
- Lots 4,5,6,7, 10 and 11, Block 4 (Baihly ),was given its second
reading. Powers moved, Strain second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Relating to City Officers, the Mayor and Police Depart-
ment; amending the Charter of the City of Rochester Sections 21, 28,
32, 36, and 39 and Repealing Sections 34, 37 and 38 was given its
second reading. Solinger moved, Larson second to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried. V
F-1 An Ordinance approving the Proposed Amendments to the Zoning Code,
Table 5 and 6 regarding single family attached dwellings in the
R-3 Zoning District was given its first reading.
1380 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 3 .- June 16, 1980
Agenda
Item
D-1
Allen moved,.Strain second to remove the Rate Adjustment for Tel.epro
ter Cable TV from the table. -Ayes (7), Nays (0). Motion carried.
Wishing to be heard was Terry Schuster General Manager of the
Teleprompter_ and stated that the company would like to -raise -the
rate $.55 'to -a' new total _o.f $7.25.>.He. presented a rrepor_t.that would
substantiate -this rate increase_.._=Mayor Hazana stated that the local
cable were trying to expand on local programming and this increase
may help them to do that. Alderman Pete-Solinger.s_tated that we
have a Cable Advisory Group and they should review this and give the
Council their input. Allen moved, Powers second to set a public
hearing on the increase to be held August 4, 1980.at 7:30 P.M.
Ayes (7), Nays (0). Motion carried. Resolution No. 336A-80.
Having no further business, Allen moved, Strain second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
(Pity Clerk
Information - June 16, 1980
Claim against City damage to personal property - Mark Simpson
Referred to the legal department.
2. Letter regarding left turns on Broadway Street - Ref. to
City Public Works Dept.
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