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HomeMy WebLinkAbout08-04-19801402 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Agenda Item President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger, and Strain. Alderman'Allen arrived at 2:05 P.M. Absent : None. Larson moved, Strain second to approve the minutes of the July 21, 1980 meeting. Ayes (6), Nays .(0). Motion carried. D-1 Larson moved, Strain second to approve Resolution No. 417-80 referrin the petition for local improvement for Curb and Gutter on the North Side of 6th Street S. W. between 8th and .9th Avenues to the Public Services Dept. for a feasibility report. Resolution No. 418-80 re- ferring the petition for local improvement for Grading and Surfacing, Sanitary Sewer and Watermain on 22nd Street and Extension of'22nd Street N. W. from 32nd Avenue N. W. to serve a 5.73 acre parcel in th N.E. 4 Section 28-107-14 abutting Lot 1, Block 3, Hendricks Subdivisi to the Public Services Department for a feasibility report. Ayes (6) Nays (0). Motion carried. C-1 Larson' moved,.Strain second to approve the request from the Music Board to name the President of the Rochester Civic Music Guild an ex-officio non -voting member of the Music Board. Ayes (6), Nays (0). Motion carried. C-2 Powers moved, Solinger second to approve the following appointments to the Rochester Fire Department: Mark Kallestad to Motor Operator to fill the vacancy created by the retirement of Francis Strom, and the appointment of John Fette and Richard Gorath to the rank of fire- fighter to fill two vacancies. Ayes (6), Nays (0). Motion carried. Alderman Allen arrived - 2:05 P.M. E-1 Clair Siebert of the Rochester Public Utility Board was present and spoke to the Council on adopting a policy of placing underground services at rear lot lines wherever practical. Mr. Siebert presented slides on the problems the Public Utility Dpartment encountered using the present rear lot line for placing underground services. They have a problem with fences, bushes, buildings, and it is hard to reach these areas in case of outages, and repair work. Alderman Duffy commented that he likes the,policy the way it is, but thinks the new policy is reasonable. Alderman Solinger stated that he would like to change something. Alderman Powers stated that the Public Utility Department should make a decision on this. Having no further comments it was decided to let the Utility Department handle this. E-2 Strain moved, Duffy second to adopt Resolution No. 419-80 approving a Phase I Agreement between the City of Rochester and Normandale Properties and Northwestern National Bank. Ayes (7), Nays- (0). Motion carried. E-3 Duffy moved, Powers second to adopt Resolution No. 420-80 approving the Weinrich Building to maintain the address of 1617 Skyline Drive S.W. for two years at which time the address will become 911 Skyline Drive S. W. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 140.E Agenda Item E-4 E-5 !0-i E-7 E-8 E-9 E-10 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 - August 4, 1980 Powers moved, Larson second to approve the payment for work completed. to -date on the following projects at the Rochester Municipal Airport: 1. Weis Builders Estimate # 1 ADAP 09 Project - Central Baggage Claim Addition $16,519.00. 2. Weis Builders Estimate # 4 ADAP 07 project - Central Baggage Claim Addition $45,125.00. 3. McGhie and Betts, Inc. ADAP 09 project - 1980 Taxiway Bituminous Overlay $2,281., 2. 4. Miller Dunwiddie, Architects - Central Baggage Claim area 07 proj ct $310.94. Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to approve -the payment of $102,778.00 to Itasca Equipment Company for the first of two snow plows for use at the Rochester Municipal Airport. Reimbursement will be made to the City with Federal participation in the amount of $82,220.00; State participation , $10,279.00 and the Airport Company $10,279.00. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to approve the following licenses and Bonds: Application for Cement and Asphalt License with Western Pavini Inc. of Rochester, Minnesota a Bond in the amt. of $5,000.00 has been received. This is subject to department approval. Application receive to Erect and Maintain Signs from Glenn Jensen of Rochester for the period ending December 31, 1980. Certificate of Ins. has been re- ceived. Application for a Pigeon Permit received from Timothy Macken 923 9z St. S. E. Pigeons are to be kept at his residence. Application for a GamblingLicense for Ducks Unlimited received from Steven Colebeck for activities held at the Kahler Hotel in Rochester. The Application requests waiver of the $10,000.00 bond. Application for a permit to movea garage received from,B.F. Kirch of Rochester. The garage will be moved from 16th Street S. E. to St. Charles Townsh. Application for a Sewer and Drain license received from Road Construc, ors for a period ending December 31, 1980. A Bond in the amount of $1,000.00 has been recieved. This is pending department approval. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the semi-monthly accounts payable in the amount of $1,745,079.84 ( list attached }. Ayes (7), Nays (0). Motion carried. Allen moved, Larson second to adopt Resolution No. 421-80 authorizing the City Clerk to advertise for bids for a Street flusher unit mounted on a 32,500 GVW Chassis in a single bid. Bids to be opened at 11:00 A.M. on August 26, 1980. Ayes (7), Nays (0). Motion -carried. Solinger moved, Strain second to adopt Resolution No. 422-80 authoriz. ing the City Clerk to advertise for bids for a 44,000 GVW tandem dump trunk with diesel engine for the Street and Alley Dept. Bids to be opened at 11:00 A.M. on August 26, 1980. Ayes (7), Nays ( 0 ). Motioi carried. Solinger moved, Allen second to adopt Resolution No. 423-80 concurri with Chapter 600- Section 18 of the Minnesota Statutes providing that the funds of the Rochester Fire Department Relief Association or the Rochester Police Relief Association shall be invested in 1404 RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 8 - August 4, 1980 Agenda Item E-13 E-14 E-15 E-16 E-17 securities which are proper investments for funds of the Minnesota State Retirement System. Ayes (7), Nays (0). Motion carried. Duffy moved, Larson second to adopt Resolution No. 424-80 approving the Application for a Metes and Bounds Conveyance of unplatted Lots in Block 33 of Head and McMahon's Addition ( Property at 609 & 619 8th Avenue.S. W. Younge and Suk ). Ayes (7), Nays (0). Motion carri Duffy moved, Solinger second to approve the Preliminary Plat Innsbrucl Six subject to: 1. Additional easements requested by the Telephone Company are provided on the final plat and 2. That the drainage and erosion control plan, which would address the storm water drainage concerns, is submitted to the City Engineer's Office for review and approval. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 425-80 approving the feasibility report and ordering a hearing to be held on September 3, 1980 on Project No. 7106-80 J 8708 - Construction of the East Fror age Road T.H. No. 52 from Pennington Business Park 3rd Subdivision tc 41st Street N. W. and Construction of 22nd Avenue N. W. from Western First Subdivision to the East Frontage Road T.H. No. 52. Ayes (7), Nays (0). Motion carried. Solinger moved, Larson second to adopt Resolution No. 426-80 awardin the contract ( low bid ) to Fraser Construction Company at an amount of $133,510.85. This is for Project No. 6300-S-80 J 8721 Watermain trunkline extension from the southwest corner Lot 6, Block 2 of the 12 Seas Subdivision to proposed Wood Lake Park Sub. and through Wood Lake Park Sub. to the East line of Trunk Highway No. 63. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 427-80 approving the general concept of the Roadway Modifications and traffic control improvements in the vicinity of 37th Street N. W. and T.H. 52 where the proposed Target Store is to be located. This also agrees to further negotiations on the vacation of any excess public right-of- way not needed for future roadway purposes. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to adopt Resolution No. 428-80 approvinc a Supplement Agreement No. 3 for Project No. 6222-4-78 J 8657 with Littrup Nielson, Inc, reducing the cost of the project $1,300.00 and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 429-80 author- izing the City Clerk to advertise for bids to be opened at 11:00 A.M on August 27, 1980 for New Sidewalk Project No. II - 1978 J 8638 Sidewalk on the East Side of 3rd Avenue N. W. From 14th Street N. W. to Elton Hills Drive. Ayes (6), Nays (1). Motion carried. Alderman Duffy voted nay. Agenda Item E-18 E-19 E-20 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF' OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4. 1980 Larson moved, Powers second to adopt Resolution No. 430-80 approving the establishment of an IBM Commuter Express Service for a d enonstration period of 180 days, during which time Rochester City Lines will report miles of service provided and the number of passengers served on a monthly basis. Any costs incurred or revenues derived from the service will be the responsibility of Rochester City Lines. Ayes (7) Nays (0). Motion carried. Allen moved, Duffy second to adopt Resolution No. 431-80 authorizing the execution of a contract by the Mayor and submission of a subsequer assurances and documentafi on of a Section 5 Grant for Transit Operat- ing Assistance from the'Urban Mass Transportation Administration for CY 1977. The funds are for reimbursement for approx. one half of the operating deficit for the period July 1, 1977 through December 31, 1977. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to schedule a public hearing for September 15, 1980 Council meeting to consider various route changes to the local transit service as proposed by Rochester City Lines. This hearing is for 7:30 P.M. Ayes (7),Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No.32-80 approving a resolution of the Public Utility Board approving a contract agree- ment with Harlo Corporation for relay panels (IBM Substation ) at a cost not to exceed $41,400.00. Ayes (7), Nays (0). Motion carried. Allen moved, Solinger second to adopt Resolution No. 433-80 approvinc a resolution of the Public Utiliy Department approving payment to Heins Insurance Agency for boiler insurance premium from May 1, 1980 through July 31, 1980 with the Hartford Steam Boiler Co. at a cost not to exceed $59,818.00. Ayes (7), Nays (0). Motion carried.. Allen moved, Duffy second to adopt Resolution No. 434-80 approving a resolution of the Public Utility Department approving.payment to Hir Insurors for insurance premium for property insurance not to exceed $35,356.00. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 435-80 approvinc a resolution of the Public Utility Board approving a contract with McGraw -Edison for Arresters (IBM Substation ) at a cost not to exceed $16,188.00. Ayes (7), Nays (0). Motion carried. Strain moved, Larson second to adopt.Resolution No. 436-80 approving a resolution of the Public Utility Board approving a purchase order for Wire with RESCO at a total cost not to exceed $95,950.21. Ayes (7), Nays (0). Motion carried. ( This is an amendment to said purchase order ). Larson moved, Powers second to adopt Resolution No. 437-80 approving a resolution of the Public Utility Board approving an amendment to a contract with Minnesota Sandblasting Inc. for additional work done under a painting contract on Northern Heights water tower at an amen total not to exceed $37,000.00 Ayes (7), Nays (0). Motion carried. t 1405 1406 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 F-1 F-1 F-1 G-2 A-1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Strain moved, Powers second to adopt Resolution No. 438-80 approving a resolution of the Public Utility Board approving the contract agreement with Seimens Allis for Switches ( IBM Substation ) at a cos not to exceed $23,160.00. Ayes (7), Nays (0). Motion carried. An Ordinance Relating to Registration of Bicycles; Amending Rochester Code of Ordinances, Chapter 131 by adding a section was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to.the City of Rochester, Minnesota certain land located in Lot 6, Block 8, Golden Hill Addition was given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Allen moved, Larson second to adopt Resolution No. 439-80 approving an Owner Contract prepared by McGhie and Betts, Inc. with Western Walls, Inc. ( Robert DeWitz ) to be known as Western 3rd and 4th Subdivision. This is for Grading Base, Concrete Curb and Gutter, Surfacing, Sewers, Watermain and Service Connections -in Western 3rd and 4th Subdivision. Ayes (7), Nays (0). Motion carried. Strain moved, Duffy second to remove the Parking Restriction for Sight Distance at 102 104 Street S. E. from the table. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt Res- olution No. 440-80 adding paragraphs (41.7). and 176.3) Section B, No Parking Zones to read:.(41.7) First Avenue S.E. on the east side 104 Street to a point sixth feet more or less south of 104 Street at all times. (176.3) 104 St. S. E. on the south side from First Avenue to a point 60 feet more or less east of First Avenue 9:00 A.M. to 4:00 P.M. Monday thru Friday. Ayes (7), Nays (0 ). Motion carried. Having no further business, Allen moved, Powers second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. President Postier called the meeting to order at 7:30 P.M., the folic ing members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers and Strain. Absent : None. Alderman Strain arrived 9: A Hearing on the Proposed Assessments for Project No. 7703-J 8475 Water Tower and Trunkmains to serve the low level district -of the N. W. Service Area lying North of 41st Street N. W. ( This was continued from the July 21, 1980 meeting ) Wishing to be heard was Joe Dingle. He stated that in 1956 the tower- which was the John Adams tower provided water up to 41st St. Therefore, logically if you follow that reasoning, everything North of 41st St. should -be included in the proposed assessment including the current watertower. The records that I'm unable to find any of the Pennington Plats which are adjacent to the Northerly of 41st St. that were previously assess ed for the John Adams tower, and are not proposed to be assessed for this tower, and we question why? Mr. Dingle went on to say We noted in Roger Plumb's letter to Stevan Kvenvold of July 30, 1980 that he P.M. L_ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - Auqust 4. 1980 Agenda Item B-1 included phraseDlogy including " Proportional Street Area Factor" I don't know what he means by this. I would like to know prior to the hearing what he means when he uses terms of "Proportional Street Area Factor" and I would like to know why in this letter he makes no reference whatsoever to any of the Innsbruck Subdivisions when he refers to other connected areas in his new formula for assessing costs. These are the only questions that I have at this time. Wishing to be heard was Stan Moen of 1607 Wilshire Ct. and stated tha- he owns the property the water tower is located. He stated. that his assessments are deferred because he is out of the City, but that if he ever is assessed for this tower, deferred interest will be charged and he is not in favor of this. He can't use and doesn't want the sery of the water. tower. Mr. Paul. Utesch, Finance Director stated that the City pays interest on bonds for 10 years and this is a way to recoup some of the interest. Mr. Moen stated that he still was again! it. Wishing to be heard was Ken Mohn, Attorney representing the citizens of Cascade Ridge and protested the assessment by linear foot as the entire development was benefited. Having no one else present that wished to be heard, President Postier closed this hearing. The Public Services Department is calculating some new figures on this project and because of this, No action was taken by the Council and a new hearing will be set. Larson moved, Allen second to set a new hearing for September 15, 1980 at 7:30 P.M. Ayes ( ), Nays (0). Motion carried. Resolution No. 441-80. B-2 A Hearing on the Rate Adjustment for Cable TV. Wishing to be heard was Richard Ehrick, Attorney for Cable TV and introduced Terry Schust General Manager of.Cable TV. Mr. Ehrick presented facts on the financial status of the Cable TV, Rochester Division. He stated that the present rate of $6.70 is the lowest rate in a 27 city survey taken by a company ( Ernst and Winning ):in Winona recently. He stated that Teleprompter is trying hard to stay even with the board at this time. He stated that the Cable TV Advisory Committee re- commended no increase or a moderate increase at this time, but Mr. Ehrick stated that they did not have much information to base this recommendation.on. Alderman Duffy questioned " What.is wrong with running in place?" Wishing to be heard was Bill Crawford of 1641 8 112 Ave. S. E. , Chairman of the Cable TV Advisory Committee and stated.that the committee had figures from the Finance Department. Alderman Allen stated that we should review theservices of our City rather then other cities. Mr. Crawford stated that we have the lowest rates, but we have the largest system and the unit cost per subscriber is and should be lower., Wishing to be heard was Tom Sherlock of 420 6th Avenue S.. W. He stated that he really did not object to the rate -increase, but that he cannot.get enough channels. He stated that the paper states all kinds of channels and he cannot get them on his TV thru Cable. Terry Schuler, Manager of Teleprompte stated that programming does become difficult when the FCC.still has regulations to follow, but that they do their best.. Wishing to be heard was Mr. Paul Utesch, Finance Director. Mr. Utesch commended Mr. Ehrick on his report, and stated that because of the size of the system, our rate should be in the range that is recommended. Some 130 ��� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-2 B-3 Regular• No, 9:1 systems have a larger rate, but -have smaller cables and the actual company receives less then the Rochester system. Having no one else present that wished to be heard, President Postier closed the hearing Powers moved, Duffy second to approve a $.25 rate increase to a new total of $6.95 per month. Ayes (6), Nays (0). Motion carried and the City Attorney was instructed to draft an Ordinance for adoption. A Hearing on Request for Tax Exempt Financing/ Normandale Properties. Having no.one.present that wished to be heard, President Postier closed the hearing. Duffy moved, ALlen second to authorize the tax exempt financing, both for interim and long term financing, for the Rauenhorst/Northwestern National Bank project. Ayes (6), Nays (0). Motion carried. Resolution No. 441A-80 was adopted. A Hearing on the Conditional Use Permit for Northwestern National Bank to allow a drive-in bank in an R-4 Zone. Having no one present that wished to be heard, President Postier closed the hearing. Power! moved, Larson second to -approve the permit subject to the following: 1. Agreement between the bank and city for public use of parking lot during bank's closed times. 2. Curb cuts shall be no greater than 28 feet. 3. To provide landscaping as shown on the plans. Ayes Nays (0). Motion carried. A Hearing on the new sidewalk projects -for 1980. First Hearing was on Sidewalk Replacement Project No.-1 - Project J 8726 - 5th Street -15th Street N. W. Cascade Creek to llth Avenue N. W. Wishing to be heard was Dick Willis of 711 7th St. N. W. He stated that he had no hazardous squares and did not want to replace his sidewalk at this time. Mr. DeVries of the Public Services Dept. stated that his side- walk had cracks and could be a problem. He said patching was not a good solution, because it was short lived. Wishing to be heard was David Swenson of 1213 8th Avenue N. W. He stated that he got a notice but did not have anything wrong and did not get an orange X on his walk. Mr. A.J. Adams of 923 8th Avenue N. W. stated he was in favor of sidewalk, but he replaces his every two years, it seems that his walk is lower then the road, and during a draught he has water. He would like this problem corrected before he spends anymore money on replacing his sidewalk. He said the salt from the winter roads eat the cement. Wishing to be heard was James McCarthy of 723 8th Ave. N. W. and is not in favor of sidewalk.He requests that the Council authorize him to remove all the walk because it is not going anywhere •_a't�:all, Mrs. Beth McCarthy of 1121 7th Avenue N. W. is not in favor of sidewalks. Wishing to be heard was Butch Klipsic of 721 7th St. N.W. and stated that he has two panels of sidewalk that would need replacing. This is where the Pine trees have raised it. The other part is not in need of repair. John Hruska of 1005 7th Avenue N. W. questioned if they can reset old walk if it is raised up. Mr. DeVrie! stated that they could, but the job was tough, and the cement would crack easily, but it is possible. Ralph Hammond of 1110 5th Avenue N. W. questioned when the people who don't have sidewalk.a.re.-_going- to have to put them in. He stated this was necessary for the children. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL , IL409 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Agenda Item B-5 Mr. DeVries answered the questions of the citizens of this meeting. Alderman Strain.arrived - 9:00 P.M. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to adopt Resolution No. 442-80 . This project would.include only one part of Mr. Willis sidewalk that needs work. The part excludes the panels with the hair line fractures. This excludes the sidewalk replacement at 723 8th Ave and the old cement should be removed. Mr. Adams will have no sidewalk replaced until the water problem is solved by the Public Services Department and Mr. Swenson does not have to have any new sidewalk since his did not get marked. Mr. Klipsic should replace the two' panels where the tree uprooted. Ayes (7), Nays (0). Motion carried. A Hearing on New Sidewalk.Project No. I ( Fill-Ins,.�.N. W. Replacement Area ) J 8734. Wishing to be heard was Mary Mikesh of 802 15th St. N. W. and presented a map of the lay of land he said his land abuts' to a dead end area and has a tree at the end of the driveway. If he were to have the sidewalk, he would lose the tree and besides this no one wants the sidewalk in the neighborhood. Mrs. Wally Holmes of 210 15th St. N. W. objects to sidewalk on the South side of her property. Karen Spee of 845 9th St. N. W.doesdt want the sidewalk and can't afford it. Having no one else that wished to be heard, Powers moved, Solinger second to approve the project and adopt Resolution No. 443-80 deleting the northern most lots ( Mikesh and Monson ) Duffy moved, Larson second to amend the motion to delete the four lots,on 5th Avenue. Ayes (6), Nays (1). Alderman Powers voted nay Motion carried. The Original Motion was voted on. Ayes (7), Nays (0). Motion carried. A Hearing on New Sidewalk Project No. II, J 8735 West Side 9th Avenue N. W. ( Parkway Area ) West Side 18th Avenue N.W. ( 41st St. - 43rd St. N. W.) Wishing to be heard was Donna Ernster representing the Robert Gage School area. She approved of a blacktop. -path -in general area. They have a lot of traffic on 18th Avenue and children calk thru the Pax Christi Church lot. Wishing to be heard was Wilma Chamberland representing the Robert Gage PTA and stated that a petitio covering 65 homes to support the path was received. Out of these homes 2 rejected the petition. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, 4llen second to adopt Resolution No. 444-80 approving the walk. Hearing on the New Sidewalk Project No. III - Project No. J 8736 North Side of 17th Street S. E. ( Highway 52 - 20th Avenue S. E.) South Side of 12th Street S. E. ( 3rd Avenue S. E. to Denny's Restaurant ) East Side of 1st Avenue S. W. ( 700 Block ). Wishing to be heard was Vincent Lamers, General Manager of Libby's and wondered who was benefiting from this sidewalk. Mr. DeVries explained the need to.him. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Larson second to adopt Resolution No. 445-80 approving the sidewalk. Ayes (7), ays (0). Motion carried. 1410 s RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Agenda Item B-5 A Hearing on the'. -;.yew Sidewalk Project No. IV - 1980 J 8737 - 8th Avenue S. E. _( 20th St. S. E. North to Sidewalk Inplace ) 9th Avenue S. E. ( 20th Street S. E. North to Sidewalk Inplace ) West Side 'llth Avenue S. E. ( 16th St. South Thru New Junior High School ). Having no one present that wished to be heard, Pres-dent Postier closed the hearing . Duffy- moved, Allen second to adopt Resolution No. 446-80 approving the Sidewalk. .All;of the approved sidewalk's in B-5 are approved with corrections as stated. The motions are to apprggve the .projects and order bids to be opened on August 27, 1980 at 11:00 H.M. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on Proposed Assessments 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. Havvng no one present that wished to be heard , President Postier closed the hearing. Allen moved,.Strain second to adopt Resolution No. 447-80 accepting the assessments. Ayes (7), Nays (0).Mo.tion carried. B-7 A Hearing on the Proposed Assessments on Project No. 5619-78J8646 - Grading and Surfacing, Concrete Curb and Gutter on loth Street S.E. from 16th Avenue to 17th Avenue S. E. Also Rough Grading and Water - main on 17th Avenue S. E. from loth Street to South Frontage.Road No. 14; Plus Storm Sewer in Easement from intersection of loth Street and 17th Avenue to 300 feet North: HaJing no -;one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 448-80 accepting the assessment. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on the Final Plat of Northern Slopes Third Subdivision. Hav- ing no one present that wished to be heard, President Postier closed the. hearing. Strain moved; Solinger second to adopt Resolution No. 449-80 approving the plat. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on the Basic Construction in Westway Manor 1st Subdivision - Construction of Streets, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain and Service Connections in 34th Avenue N. W., 9th Street N. W..-Frontage Road, 37th Avenue N. W., and 8th Street N. W. in Westway Manor 1st Sub. Wishing to be heard was Kirt Volstad of 921 24th Street N. W. and is in favor of the project, but wondered how many other people benefit from this project other they Johnson Drake and Piper. He also wondered what was going to be put in the area that is proposed by Johnson Drake and Piper. John King Attorney from St. Paul representing Joan King of 3707 7th St. N. W. is opposed to this project. He stated that this was not going to benef= her property., Harleth Swanson of 3415 7th St. N. W. stated that he ould like to know what kind of project would be going in the area. e is not in favor of the project. Having no one else present that, fished to be heard, Allen moved, Duffy second to continue the hearing ntil August 18, 1980. Ayes (7), Nays (0). Motion carried. B-10 A Hearing on the City's Petition to vacate West River Road from 37th 41st Streets N W. past the Water Reclamation Plant. Having no one RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 141- . CITY. OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Agenda Item B-10 present that wished to be heard, President Postier closed the hearing. Larson moved, Allen second to adopt Resolution No. 450-80 vacating the public right-of-way. It was noted that the electrical substation on the south side of the road can be provided with access from the temporary roadway to the west if needed. Ayes (7), Nays (0). Motion carried. B-11 A Hearing on the Application to amend Official Street Map No. 6. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Duffy second to approve the appli- cation and instruct the City Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-12 A Hearing on the Street Improvements - Project -No. 6304-3-80 J 8707. This is on 4th.Avenue S. W. from West Center Street to 4th Street S.W. Having no-one present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to adopt Resolution No. 451-80 ordering the project to be made. Ayes (7), Nays (0). Motion carried. B-13 A Hearing on the Amendments to Chapter 60 and 65 of the Rochester Zoning Code requiring Conditional Use Permits.for Certain Commercial Uses. Bill Voelker of Rochester, Minnesota representing Builders Lar was present and wondered where this was and desired more information. Having no one else that wished to be heard, Allen moved, Powers second.to table this until August 18, 1980. Ayes (7), Nays (0). Motion carried. B-14 A Hearing on the Application for PUD ( Amended Final Plan ) by Mike Sawinski located at 18th Avenue and 28th Street N. W. Wishing to be heard was Bill Meschke of Weischelbaum Associates of 1903 South Broadway and was present for any questions that the Council may have. Dana Eisenman of 2626 Hwy 52 North.was present and stated that he had no objections. Having no one else. present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to approve the plan subject to the.following conditions: 1. Provide 90' diameter cul-de-sac at west end of 28th Street if necessary and 2. Submit Final Plat of'amended PUD. Ayes (7), Nays (0). Motion carried. E-6 Allen moved, Solinger second to approve the request for an Auctioneers License of Merrill 0. Anderson of Newman, Illiniois. This is pending receipt of the bond in the amount of $500.00. Ayes (7), Nays (0). Motion carried. F-1 An.Ordinance Relating to the Official Street Map No. 6 to property located in the NE Quadrant of 37th Street N. W. and Trunk Highway No. 52, was given its first reading. F-1 An Ordinance Rezoning property creating a Planned Unit Development known as PUD-R-50 in Block 2 and Lots 1,2,3, and 4 of Block 1 of Ferndale Subdivision ( 18th Avenue and 20th St. - Mike Sawinski } as given its first reading. 1412 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 8 - August 4, 1980 Agenda Item G-1 Strain moved, Powers second to remove the Application for PUD( Final Plan ) by John Bass to be known as Stone Barn Offices located at 633 16th Street S. W. from the table. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Max Hamilton Developer of the Project - He summarized the project. He stated that John Bass owns the land and tried to make a feasible project using the Stone Barn and keeping the project in conformance with the neighborhood. He urged the Council to approve the PUD. Wishing to be heard was Gordon Moore of 1605 6th Avenue S. W. and stated that the PUD Ordinance is not appropriate for a PUD of this nature or size, and.that this is an R-1 Zone. He stated that the neighbors are opposed to this project, and has not heard of any other people except the Developer and the Council who are in favor of this PUD. Alderman Strain distributed a letter from Joan Moore of 1605 6th Avenue S. W. This letter pointed out the past history of the potential restoration of the Stone Barn and when a fire almost totally destroyed this barn, the neighbors we not in favor of the restoration of this site. Alderman Strain also questioned if this was not "commercialization". Alderman Larson stated that the Council gave the developer a chance to come up with a project for the area, and he did. Alderman Strain stated how any- one can guarantee- what kind of business would be allowed both presen and in the future. Alderman Powers stated that the PUD requirements could govern the uses. After further discussion by the Council, Alderman Duffy stated that ;.he appreciates the concerns of the neighbors, however if the structure had not been burned, this would be restored, and he sees it at this point now,-being.restored. He sta, ed he-doesri't : think a dental office .could be considered commercial He stated that he thinks this an appropriate use of the structure, but would like to see adequate screening. President Postier stated that he voted for this because this is a historical location and suports the feelings of the Council in general i.n this matter. Having no one else that wished to comment, Solinger moved, Allen second to approve the Final Plan PUD by John Bass to be known as Stone Barn Offices located at 633 16th Street S. W. deleting the Day Care Center, Beauty Shop, Taylor Shop, Community Oriented Service! from the list of allowable uses for the PUD. This is subject to Providing adequate screening between the Stone Barn Estates and the Parking lot and the 16th Street side. A 10 foot sidewalk easement be provided along the south property line from'.the west property line to the barn; the driveway should be constructed without a vertical curb interrupting the sidewalk; sidewalk should be con- structed full width of frontage; and that the guardrail not be furnisl ed or permitted by the City. Ayes (7), Nays (0). Motion carried. Resolution No. 452-80 approved the PUD. r� Agenda Item F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular.Meeting No. 8 - August 4, 1980 An Ordinance Relating to Cable Television; providing for an adjus in Subscriber Rates was given its first reading. An Ordinance Rezoning Property creating a Planned Unit Development District known as PUD-B-49 and amending Ordinance No. 1659 - Maple Lane Sub. Tract I and Tract 2 ( Stone Barn Est. ). was given its first reading. Having no further business, Allen moved, Larson second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. r Information - August 4, 1980 1 1. Notice of claim for damages from Mary Thompson - referred to City Attorney's office and Finance Department. 2. Notice of claim against the city from Richard Quinn - referred to City Attorney's office and Finance and Utilities Department. 3. Summons to provide information in the case of Auto -Owners Insurance Company vs - Thomas L. and Dianne Jensen, City of Roch. 4. Application for relief from order of State Fire Marshall referred to City Attorney'.s office and Fire Department. 5. Standing Committee minutes for July 21, 14 and May 28, 1980.