HomeMy WebLinkAbout09-03-19801.42 w RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 1 September 3, 1980
Agenda
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President Postier called the meeting to order at 2:00 P.M., the foll
ing 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 August 18
and 19, 1980 meeting. Ayes (7), Nays (0). Motion carried.
Larson moved, Solinger second to table the appointments by the Mayor
of the following committees::'. -Energy Awareness Committee, Zoning Board
of Appeals, Building Code Board of Appeals, Library Board, Music Boar
Human Rights Commission,.Police Civil Service Commission, Internationa
Affairs Committee. After discussion by the Council, it was decided .
that they wished further information on the persons and the procedures
of the appointments. Ayes (6),Nays (1). Alderman Duffy voted nay.
Motion carried.
Solinger moved, Powers second to approve the request from'the Disablec
American Veterans to sell Forget -Me -Not flowers on September 20, 1980.
Ayes (7), Nays (0). Motion carried.
Allen moved, Larson second to approve the Mayors appointment of James
Carroll to the Downtown Development Advisory Board. He is the School
Board Representative and will fill the vacancy of Allan DeBoer who -
resigned. Ayes (7), Nays (0). Motion carried.
Strain moved, Powers second to approve the request of the Downtown
Kiwanis to conduct its annual Peanut Day ;Fund Raising Campaign in
the City of Rochester on Friday, September 12, 1980 from 8:00 A.M. to
5:00 P.M. Ayes (7), Nays (0). Motion .carried.
Duffy moved, Larson second to approve the request of the Sunriser's
Kiwanis to conduct its annual Kiwanis Peanut Day Fund Raising Campaig
on. Saturday, September 13, 1980 from 8:00 A.M. to 5:00 P.M. Ayes (7)
Nays (0). Motion carried.
E-4 Solinger moved, Duffy second to adopt Resolution No. 479-80 authorizin
the execution of an agreement with the Olmsted County to provide funds
for the acquisition of land in the proposed Chester Woods County Park.
The City would have a financial participation of $110,000.00. Ayes (7)
Nays (0). Motion carried.
E-5 Duffy moved, Allen second to approve the following licenses & bonds:
Application from Sam's Plumbing and Heating for.a Master Plumbers
License for a period ending December 31, 1980. A bond in the amount of
$2,000.00 has been received. Request for a temporary On -Sale 3.2 Beer
License from September 13 to 14, 1980 fora.benefit Softball tournamen
for Tom Roehrick of Rochester. Application for approval of a Dance
ermit for the Policemen's Ball to be held on Sept. 26, 1980 at the
ayo Civic Auditorium. Application for a four to six day antique
auction to be held beginning October 10, 1980 at the Olmsted County
air Grounds. This requ st i$-for auct' neer; lic ses ubm tod b
he following individuals: Mike Clum, i ornviiie, ��iio, himo� Y. Rugi '.s
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1423
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 12 .- September 3, 1980
Agenda
Item
E-5 ranville, Ohio,:Craig Connelly,.Granville, Ohio and John Clum, Thurstl
hio. Application:.on a license to erect and maintain signs in the
ity of Rochester received from Anchor Signs, Inc. DBA/ Universal Sign
ompany of St. Paul, Minnesota. Ayes (7), Nays (0). Motion carried.
E-6 olinger moved, Duffy second to approve the semi --monthly accounts
ayabl:e in the amount of $807,851.41 ( list attached )..Ayes,(7),
ays (0). Motion carried.
E-7 •owers moved, Solinger second to adopt Resolution No. 480-80 accepting
he low bid of Interstate GMC in the amount of $33,566.14 for a
4,000 GVW Tandem Chassis and a 10 cu_yd dump box. Ayes (7), Nays
0). Motion carried.
E-8 uffy moved, Powers second to adopt Resolution No. 481-80 accepting thi
ow bid of $33,970 from Rufferidge-Johnson for a International Chassis
nd Rosco Flusher tank. Ayes (7), Nays (0). Motion carried.
E-9 llen moved, Powers second.to adopt Resolution No. 482-80 authorizing
_ he payment of the appropriate officers of the Police Department
elief Associatiow and the Rochester Fire Department Relief Associatio
re authorized and directed to pay to members of such association
ho retire subsequent to June 15, 1980, the increased longevity benefi
rovided for in Laws, 1980, Chapter 607 Article XV, Sec. 4, Sub. 3
his resolution clarifies whether or not it is intended that members
f its local police and salaried firefighter relief associations who
etired subsequent to the effective date of the Laws quoted above
e paid the increased longevity benefit established by the above
aws.. Ayes (7), Nays (0). Motion carried.
E-10 owers moved, Strain second to adopt Resolution No. 483-80 approving tl
petition to annex lands in Section 17, of Cascade Township pursuant
o the Orderly.Annexation Agreement with Cascade.Township. This
s from Cordul.Establishement Inc.. to annex 24.25 acres of land on the
east side of 41st Avenue N. W. across from No. Hills Golf Course.
yes (7), Nays (0). Motion carried..
E-12 Duffy moved, Allen second to adopt Resolution No. 484-80 approving the
onveyance.-of a Metes and Bounds.Subdivision by Ronald Barnfield, Sec.
4, Cascade Township. This proposal is to subdivide 42.8 acre parcel
o 7.2 acre lot and 7.7 acre parcel. and 27.9 acres. Ayes (7), Nays
0). Motion carried.
E-13 3olinger moved, Strain second to adopt Resolution No. 485-80 and 486-8C
accepting the low bid of Floyd Larson Construction for Sidewalk Replace
ent IA- 1980 J 8726 in .the amount of $38,651.00 and Low bid of Floyd.
arson Construction Co. for the New Sidewalk Project IB - 1980 J 8734
and New.Sidewalk Project No. II-,,1980 J 8735 in the amount of $14,990.
Ayes (7), Nays (0). Motion carried.
E-14 Powers moved, Allen second to adopt Resolution No. 486-80 appr wing
he supplemental agreement No. 1 for Project No. 6802-0-80 J 86i0
n,
IL424 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 12 - September 3, 1980
Agenda
Item
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Channel Improvemen.ts--in',Rocky'Creek. The agreement is for an increase,
of $3,929.52. Ayes (7), Nays (0). Motion carried.
Duffy moved; Larson second to adopt Resolution No. 487-80 approving
a request by Kruse Company cancelling the contract and returning the
contract and the bond to Kruse Company for Project No. 7801-4-79 J
8682 for Basic Construction in Meadow Park South 4th Subdivision.
As of this date, no construction has been made on this project.
Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 488-80 authori-zi g
the City Clerk to advertise for bids on Project No. 7106-1-79 J 8702
Storm Sewer-Construction-i:n.'Pennington Court N'. W. Bids to be opened
at 11:00 A.M. on September 10, 1980. Ayes (7),.Nays (0). Motion carri d.
Duffy moved, Powers second to adopt Resolution No. 489-80 awarding the
low bid.of $49,244.00 to Elliott Construction Co. of Kasson; Minnesota -
for Project No. 6306-2-80 J 2124 Sanitary Sewer in Mayo Park Drive
from 3rd St. S. E. to East Center Street. Ayes (7), Nays (0). Motion
carried.
Allen moved, Strain second to adopt Resolution No. 490-80 awarding
thelow bid for Project No. 7907 J 8698 Sanitary Sewer and Watermain
Extension to Serve the Proposed Seehusen Industrial Park and Project
7907-80 J 8715 Extension of the North Frontage Road Trunk Highway No.
14 from the East Line Lot 1, Block 1 Cascade Industrial Park across
the Proposed Seehusen Industrial Park. This was awarded to Road
Constructors, Inc. Rochester, Minnesota and the amount is $144,881.33.
Ayes (7), Nays (0). Motion carried.
Solinger moved,. Powers second.to adopt Resolution No. 491-80 awarding
the low bid of $42,421.95 to Floyd Larson Construction on New Sidewalk
Project No. 2-1978 J 8638. Ayes (6), Nays (1). Alderman Duffy voted
nay. Motion carried.
Strain moved, Duffy second to adopt Resolution No. 492-80'awarding
the low bid of $37,783.75 to Rochester Sand and Gravel, Inc. for
Project No. 6214-2-80 J 8710 Grading and Surfacing, Concrete Curb and
Gutter and Storm Sewer in 14th Street S. E. from 3rd Avenue S. E. to
4th Avenue S. E. Ayes (7), Nays (0). Motion carried.
Powers moved, Strain second to adopt Resolution No. 493-80 awarding
the low bid of $56,281.50 to Doyle Conner Company, Rochester,
Minnesota on New Sidewalk Project No. 4- 1980 J 8737. Ayes (7),
Nays (0). Motion carried.
Larson moved, Solinger second to adopt Resolution No. 494-80 awarding
the low bid of $131,704.30 to Gopher Sanitary Service for Project
6300-N-80 J 8716 Sanitary Sewer on the east side of TH Hwy No. 63
from the inplace main opposite 31st St. N. E. to a point approx. 200
feet South of the North line of Sec. 24, Cascade Township and Project
M
No. 8003 J 8718 Watermain extension in 6th Avenue N. E. from the inpla e
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL,- JL425
CITY OF ROCHE TER, MINNESOTA
Regular Meeting L. 12, September 3, 1980
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E-22 main 360 feet north of'31st.St.. N'. E. to and through the SE 1/4 NW
1/4 of Sec. 24 Cascade Township to the east of TH No. 63 and along the
east side of Trunk Highway No. 63 to a point approx. 200 feet south of
the north line Section 24, Cascade Township. Ayes (7), Nays (0).
Motion carried.
E-23 Strain moved, Solinger second to adopt Resolution No. 495-80 removing
additional parking and amending the No Parking Zone to Read:
.(9.0.1) 3rd. Avenue S. E. on both sides, from llth Street to 13th Street
at all times. Ayes (7), Nays (0). Motion carried.
E-24 Duffy moved, Allen second to adopt Resolution No. 496-80 and 497-80
ordering a feasibility report and accepting the feasibility report and
ording a hearing to be -held on October 6, 1980 on Project No. 6303-1-
80 J 8741 Sanitary.°Sewer and Watermain Extension , plus Service Conn-
ections on 3rd Avenue N. E. from a point 260 feet south of the Centerl
of 31st St. N. E. 'to the Centerline.of 32nd Street N..E. Ayes (7),
Nays (0). Motion carried.
E-25 Larson.moved, Powers second to approve the payment to Weis Builders
of Rochester, Minnesota the amounts -of $71,012.00 and $31,089.00 on
the Central Baggage Claim area at the Rochester, Minnesota Municipal
Airport. Ayes (7), Nays (0). Motion carried.
F-1 Strain moved, Powers second to adopt Resolution No. 498-80 approving
a resolution of the Public Utility Board to pay the C.O. Brown Ins.
Agency for annual boiler insurance for a period of August 1, 1980
through.July 31, 1981 in the amount no to exceed $74,012.00. Ayes
Nays (0). Motion carried.
F-1 Solinger moved, Strain second to adopt Resolution No. 499-80 approving
resolution of the Public Utility Board approving authorizing payment
to the Hirman Insurance Agency for Umbrella Liability Insurance with
California Union Insurance Co.'for a period of.July 25, 1980 to July
5, 1981 at.a cost not to exceed $15,450.00. Ayes (7), Nays (0).
Motion carried.
F-1 n Ordinance Relating to the Official Street Map No. 6 which relates
o property located in the NE Quadrant of 37th Street N. W. and Trunk
ighway No. 52 in the 'City of Rochester, Minnesota .was given its seconi
reading. Allen moved, Strain second to adopt the Ordinance as read.
yes (7), Nays (0). Motion carried.
F-1 n Ordinance Rezoning Certain Property creating a Planned Unit Develop.
ent District known as PUD-R-50 and amending Ordinance No. 1659 in
lock 2 and Lots I'2,3, and 4 Block l of Ferndate Sub. ( 18th Ave. and
Oth St. N. W. Mike Sawinski ) was given its second reading. Powers
oved, Larson second to adopt the Ordinance as read. Ayes (7), Nays (0
Motion carried.
ne
F-1 knownOrdinance
PUD-Be49nBusinesser yMap�ei:in a Planned Sioni Development
Lane Subdivision.
was given
142G RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 12 - September 3,1980
Agenda
Item
F-1 its second reading. ( Old Stone Barn ) Larson moved, Solinger second
to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-1 Solinger moved, Strain second to adopt Resolution No. 500-80 approving
an Owner Contract with McGhie and Betts,'Inc. for Grading base, surfac.
ing, concrete curb and gutter, sewers, watermain, and service
connections in Innsbruck 6th Subdivision. Ayes (7), Nays (0). Motion
carried.
F-1 Larson moved, Allen second to adopt Resolution No. 501-80 approving
an agreement with Paul A. Laurence Company for construction of an
enlarged and improved wastewater treatment and Water Reclamation
Plant for.the City of Rochester, Minnesota. ( EPA Project No.
270804-03)The amount of the contract being $51,825,000.00. Ayes (7),
Nays (0.). Motion carried.
Having no further business, Allen moved, Duffy second to adjourn the
meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried.
A-1 President Postier called the meeting to order at 7:30 P.M. the followir
embers being present: President Postier, Aldermen Allen, Duffy,
Larson, Powers , Solinger and Strain. Absent : None.
B-1 A Hearing on New Sidewalk No. III J 8736 North Side of 17th St. S.E.
( Highway 52 - 20th Avenue S. E. ) South Side of 12th Street S. E.
3rd Avenue S. E. to Denny's.Rest. ) East Side of 1st Avenue S. W.
700 block ). Having no one present that wished to be heard President
Postier closed the hearing. Strain moved, Allen second to adopt Res-
lution No. 502-80 approving the project.and-,order the bids.
yes (7), Nays-(0). Motion carried.
B-2 Hearing on the Application for Final Plat located west of U.S. 52
ear 41st St. N. W. to be known,as Plaza 41. Don Borcherding of
aggy Associates Architects, Rochester, Minnesota wished to be heard
and stated that he was present for any questions the Council may have.
'laving no-one else present that wished to be heard, President Postier
closed the hearing. Duffy moved, Powers second to adopt Resolution
o. 503-80 approving the plat. Ayes (7), Nays (0). Motion carried..
This was approved subject to the following conditions: 1. Dedication
full requested utility easements.-2. Agreement to have temporary
ul-de-'sacs at all dead end streets. ( these are not normally drawn
n final Plat documents ) 3. Agreement to terminate temporary access
o U.S. 52.
E-11 An Application for PUD ( Preliminary Plan ) located near 23rd Street
and 7th Avenue N. E. to be known as Woodhaven was considered by the
ouncil. Wishing to be heard was Gary McKenzie of Woodhaven . Also
resent was Darrell Lewis and Don Borcherding of Yaggy Associates,
rchitects. Mr. McKenzie stated that the number of units were reduced,
and they agreed with all of the conditions of the neighborhoodtbut
id not agree with 1. eliminating the three unit cluster, and 2.
o provide: a safety barrier around the detention basin.
2
7�
RECORD OF'.OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Regular Meeting No. 12 - September 3; 1980
Agenda
Item
-E-11 Mark Stevenson, Rochester, Minnesota speaker of:Churchill Woods As
stated that they..accepted the Planning and Zoning Commissions applicat
ions on this project, but they wanted buffering to the south and north
east:corner and the safety barrier for the children around the detent-
ion basin, plus he .stated that bales of hay are not adequate as means
of controlling erosion when this is under construction. He also stat-
ed they were not as concerned about the number of units at this time
as they were about the buffering=to the south. Mike Matzke of 2357
No. Hills Ct. and would like the -Units be reduced to the east so this
would not be an.eyesore on Northern Hills Ct.. Darrell Lewis of Yaggy
Associates was present for any questions the Council may have. After
discussion by the Council, Alderman:Duffy asked City Engineer Roger
Plumb if using hay bales were a problem, and Roger Plumb stated they
should pose no problem, but he would give this matter his attention.
Having no further discussion, Powers moved; Solinger second to
approve the project with the deletion of the tri-plex units at the nor
east corner of the site and dedicate the cul-de-sacs to the public and
provide snow storage areas.To increase watermain size, relocate shut-
off valves, and .provide an additional fire hydrant. Provide details of
the walking path bridge with final plans. After brief discussion
by.the Council Alderman Duffy amended the motion to include a fence
in a suitable form, be added to the final plans for ftotecti'on,around
the detention basin. Larson second this amendment. Ayes (6), Nays (1)
Alderman Solinger voted nay. Motion carried. Vote was then taken on
the original motion. Ayes (6), Nays (1). Alderman Larson voted nay.
Motion carried. Alderman Larson commented that the density is still
taohigh in his estimation.
E-13 Powers moved, Strain second to adopt Resolution No. 505-80 awarding
the low bid of $22,334.00 to Floyd Larson Construction Company for
New Sidewalk Project III-1980 J 8736. Ayes (7), Nays (0). Motion
carried.
F-1 Strain moved, Duffy second to adopt. Resolution No. 504-80 approving
he extension of Workers' Compensation coverage to students in the
AVTI program who provide.man powers services to the City for 15 hours
week without pay. Ayes (7), Nays (0). Moti-on carried.
F-1 n:Ord.inance Relating to the control and regulation of certain commer-
ial activity within the City; Regulating Peddlers; Solicitors; Tran-
ient Merchants, Amending Rochester Code of Ordinances, was given its
.i:rst.Reading..
F-1 n Ordinance Relating to Franchises Repealing.Rochester Code of
rdinances Chapter 97 relating to Limousine Franchises was given its
first reading.
G-1 .owers moved, Allen second to remove the Application for a Planned Uni-
evelopment ( Amended Preliminary Plan ) located at 930 - 1012 Second
treet S. W. ( Hilleran Project ) from the table. Ayes (7), Nays (0).
lotion carried. Wishing to be heard was Mr. Richard Bins, Rochester,
1428 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Regular Meeting No. 12 - September 3, 1980
Agenda
Item
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Attorney representing the developer. He urged the Council to approve
the project. He stated that this project provides medium priced
housing for the people with middle class incomes. He stated.we need
these people back in inner Rochester. The.location is ideal..
Wishing to be heard was Gerald..Gle'ich of 799 3rd St. S. W. and was
opposed to this.. He stated it was toolarge a project fort the land
it would destroy the Zoning Ordinance and the project doesn't fit
well with the land. It would also block the park. ,Wishing to be
heard was Mrs. George.Waters of 825 3rd St. S. W. She was opposed
to this. Wishing to be heard was Mr. Norman Hil1eran, Developer of
the project and presented a petition of residents living on 2nd St.
S. W. This petition had approximately twelve signatures approving
of the project. He urged the Council to approve the project.
Discussion was held by the.Counci:l. Alderman Duffy,stated.that the
Developer was.told many times that this project did hot fit our
Zoning Code. He stated that this time there, were signi.ficant changes;
but concerns about 2nd St. S. W.'itself have not been addressed. These
would be improvment to the street. Future growth and developement.
This should be discussed and planned by the Planning and Zoning Comm-
ission and should be designed to incorporate that potention growth
and then should be abided by. Alderman Duffy recommends that this be
sent back to the Planning and Zoning Commission for a plan. Alderman
Strain stated that this has been back and.forth�to the Planning and
Zoning Commission several times in the last few years,.and nothing has
been settled yet. Alderman Solinger stated that the Council .can and
should be allowed to vary the Zoning Code and likes the Hilleran
amended plan. Alderman Allen stated that he feels like Alderman Strai
We should change the Zoning concept. Alderman Larson feels that the
density is to great for -the area, and thinks 9 or 1.0 stories would
be adequate. Alderman Strain stated that if this project is voted
down, we should give Mr. Hilleran guidelines so that he can make a
feasible project. Having no further discussion, Solinger moved, Powers
second.to accept the plan known as "B" with 169 units and including
the 13 recommendations as set by the Planning Staff. Alderman Strain
moved, to amend the motion to designate that the setback of the
building follow the zoning code, the number of units be reduced, and
that the recommendations as set by the Planning staff - 15 of them
be followed. Upon Roll.Ca-11 vote, Aldermen Powers, Solinger and
Strain voted aye. Ayes (3). Aldermen Allen, Duffy, Larson and Presiden
Postier voted nay. Nays (4). Motion did not carry.
Alderman Duffy moved and Strain second to refer the topic of 2nd St.
S.W. and -.other similar areas within the City fo the Planning and
Zoning Commission for study and plan for the future growth,of these
areas. .-Ayes (7), Nays (0). Motion carried.
Allen moved, Duffy second to remove the Application for PUD ( Prelimin
Plan ) located at 1200 19th Avenue N. E. to be, -known as Oak Cliff
from the table. Ayes (7), Nays(0), Motion carried. Wishing to be hea
was Joe Dingle, Attorney for the Developer. He stated that the develop
has complied with everything that hlas been requested of them and will
follow all of the recommendati ons of the, Pl anntb'.ci 'Departmen;t s taff .
, ry
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL IL429
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 12. - September 3, 1980
. Agenda
Item
G-2 Nancy Morse of Hiawatha Court was present and -wished to be heard.
She stated that she is opposed to this project.for three reasons.
1. Access 2. Erosion and 3. Site -turnarounds. She stated that this
is not a feasibile project.for the residents of Hiawatha Ct. She
also stated that any improvements to the area would be assessed to
the residents of Hiawatha.such as road, sewer and water, and they
are opposed to this.also. Wishing to be heard was Stanley Hunter
a member of the townboard.representing Cascade Township. He stated
that the present road is adequate for the people living there now.
Donna Schuster, representing Hiawatha Ct. stated that if an access
road is built, it would cut thru her property and the value would be
decreased. She built in that area for the peace and quiet it would
give her. Roger Plumb, City Engineer stated that if Sewer and Water
would be put in, the majority of the cost and benefit would be to
Hiawatha Court, but that no plan is made at this time for that improve
ment. If the township road is improved. cost would be involved then.
After discussion by the Council, President Postier stated that he
does not want to vote against the project, but improvements to the
township road could.be worked out by the developers, the City and the
Township. He stated that he does not like the gate and fence concept.
Alderman Allen questioned if the developer had insurance to cover the
blasting that would have to be done. He was assured that he had.
Allen moved, Powers second to approve proceeding with the project.
subject to the following conditions: 1. No construction permitted on
easements, except roads. 2. Provide additional easements as.,required
3. Paved access and parking for RV and boat storage. 4. Provide
pedestrian pathway to Quarry Hill Park. 5. Locate and detail maintenan
shed. 6. Provide a sufficient area for snow storage at each entry.gate
yes (7), Nays (0). Motion carried.
aving no further business, Allen moved, Strain second to adjourn the
eeting. Ayes (7), Nays (0). Motion carried A
Llty Ller
Information - 9-3-80
Notice of Claim against City from Rose. Brown - ref. to City Attorn
nd Insurance.
. Standing Committee minutes of August 11, 1980 and August 18, 1980.