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HomeMy WebLinkAbout05-04-19811560 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting - May 4, 1981 Agenda Item A-1 C-1 C-12 D-1 E-1 E-2 E-3 E-4 E- 5 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. Absent: None. Allen moved, Larson second to approve the minutes of the April 6, 1981 meeting. Ayes (7), Nays (0). Motion carried. Solinger moved, Larson second to clarify the procedure of appointments by the Mayor. He recommends a combination of open and recommendations of the Council of openings at the time that the Mayor becomes aware of the openings. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to approve the appointment of Richard Wachal, Shawn McCarron and Terry Sahl to the position of Police Officer in the Rochester Police Department.effective June 1, 1981. Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 236-81 referring the petition to the Public Services Department for the completion of a feasibility report on Construction of a concrete sidewalk from 5th Avenue S. E. to 6th Avenue S. E. across lots 13 and 14 Block 1 and lots 4 and 5, Block 2 the Meadows Re -Subdivision. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to approve and adopt Resolution No. 237- 81 approving the amendments No. 1 and No. 2 to Phase II Agreement with Normandale Properties, Inc. and Northwestern National Bank. Ayes (6), Nays (T). Alderman Duffy voting nay. This was because of the design of the ramp. Motion carried. Larson moved, Solinger second to approve the purchase of'the Griffin Property at 3216-3222 T.H. 52 North for a total amount of $144,620.00. The legal department is instructed to prepare the necessary documents for purchase. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to adopt Resolution No. 238-81 ratifying the proposed changes in the ROCOG organizational and voting membership Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the increase of the sewer tappin rates as outlined by the Public Services Department. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to approve the selecting one of the two competing proposals to lease property at 525 North Broadway. Two people bid informally on the lease. One was from John Hoisington in a total of $2,000.00. Jim Whiting would pay a total of $1,869. Mr. Hoisington would put a funnel cake stand on the property and will pay the taxes plus rent at $65.92 a month. Discussion was held by the Council on the type of establishement that was to be put on the leased property. Upon Roll Call vote, Aldermen Allen, Powers, Solinge and President Postier voted a e. Ayes (4), Aldermen Duffy, Strain and Larson voted nay. Nays (3�. Motion carried. The City Attorney Will draw up the necessary lease documents. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 15(A CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 41 - May 4, 1981 Agenda Item E-6 Strain moved, Solinger second to approve the Mayor and City Clerk to sign an agreement with Mark Hurd for aerial surveys of West River.Road.The cost of the project is $2,200.00 'which would be charg d to West River Road Project No. 214 of the 1981 budget. Ayes (7), Nays (0). Motion carried. E-8 Solinger moved,,Allen second to approve the request of the American Legion Auxiliary Unit # 92 of Rochester for.permission to sell poppies downtown and at shopping centers from 3:00 P.M. Friday May 22 to 3:00 P.M.'Sat. May 23, 1981. Ayes (7), Nays (0). Motion carried. E-9 Solinger moved, Duffy second to approve the request for a parade for the Rochester 1981 World Festival for Sunday May 17, 1981 at 12:00 P.M. The Police Department has approved of the route. Ayes (7), Nays (0). Motion carried. E-10 Solinger moved, Powers second to approve the request from Young Life Organization of Rochester to hold a raffle . The request for waiver of 30 day waiting limit was not approved and they cannot sell tickets until the 30 day waiting period has ended. Ayes (7), Nays (0). Motion carried. E=10A A petition was presented to the Council at this time representing householders from the area 23rd St. S. W. to Highway No. 63 South. They have 127 signatures of a possible 137 homes which is 94% against the extension of a sanitary sewer trunkmain in the area. Mrs. Roland Hanson of 2737 Elmcroft Dr. S. W. presented the petition. E-11 Allen moved, La-rson second. to approve the request to sell.poppies sponsored by the VFW Posts 1215.and 429. These: will be sold on May 15 and May 16 until 3:00 P.M. Ayes (7), Nays (0). Motion carried. E-12 Solinger moved, Duffy second to adopt Resolution No. 239-81 opposing the closing of the Rochester State Hospital. Ayes (7), Nays (0). Motion carried. E-13 Duffy moved. Solinger second to instruct the City Attorney to prepare an ordinance amending the Public Transportation Franchise Provisions to exempt car rental agencies from the licensing and franchise requirements. Ayes (7), Nays (0). Motion carried. E-14 Powers moved, Allen second to approve the following licenses and bonds: Cigarettes - International Motel - Master's Plumbers License - Warren Zimmerman of Galaxy Mechanical , Inc. Blain Minnesota. Bond has been approved. Auctioneer - Ernest Roeber, Box 21 R. # 2 Oronoco, Minnesota - Cement Contractors - Douglas S. Pencille -1816 Second St. N. W., George Darst, Starr Concrete 929 llth Avenue N. E., Donald Ryan 2315 Marion Road S. E. Cigarette License for Rolland J. Harwick Rolly's Billard Room, and Hillcrest Country Kitchen 1635 North Highwa; 52 Cement Renewal for Donald L. Prow 1833 16 1/2 Street N. W. Ayes (7), Nays (0). Motion carried. 1562 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 41 - May 4, 1981 Agenda Item E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 E-24 Larson moved, Strain second to adopt Resolution No. 240-81 awarding the low bid of $34,302.00 with Brown Traffic Products for Traffic Controllers (two 8-phase and two 2-phase). This is charged to J2118. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the semi-monthly accounts payable ( list attached ) in the amount of $1,729,768.65. Ayes (7), Nays (0): Motion carried. Solinger moved, Duffy second to approve the.rec"l,.assification of Assisi Director of Recreation to pay Grade 8, Exempt Grid. Ayes (7), Nays (0). Motion carried. Range is $16,486 - $21,693.00. Duffy moved, Powers second to adopt Resolution No. 241-81 approving a Work -Study Agreement between Rochester ComCiunity College and the City of Rochester for school year 1981-1982. Rate paid is $3.75 per hr. the City is responsible for 20% of the total ( max. .75 per hi Ayes (7), Nays (0).. Motion carried. Allen moved, Powers second to approve the application for Preliminary Plat located in Country Club Manor to be known as Manor Woods Fourth Subdiv-ision.Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 242-81 approving a petition to vacate a portion of First Avenue S. W. for the Rauenhorst Downtown Development Project. ( This resolution sets a date for hearing on June 1, 1981 at 7:30 P.M. for the above ). Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 243-81 approvin( the Maintenance Agreement with Minnesota Department of Transportation for approximately 3.858 miles. The State will pay to the City $2,269.( Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 244-81 and 245-81 declaring the costs to be assessed and set a public hearing for June 1, 1981 on Project No. 6300-S-80 J 8721 Construct 12" Watermain from 12 Seas Subdivision thru Wood Lake, Park First Sub. Ayes (7), Nays (0). Motion carried. Duffy moved, Larson second to initiate the Request for 1981 Bikepath Project-1981-1 - 15th Avenue N. E: to Recreation Center, 1981-2 Folwell Heights from 6th Street S. W. to Walden Lane. 1981-3 9th Avenue N. W. from Center Street to 8 112 Avenue N. W. Ayes (7), Nays (0). Motion Carried. Larson moved, Solinger second to adopt Resolution No. 246-81 ordering the project to be made and advertise for bids on Project No. 6307-1-80 J 2134 Drainage Improvements on the Intersection of 7th Avenue N. E. and 16th Street N. E. Bids to be opened*'at 11:00 A.M. on May 27, 1981. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 41 - May 4, 1981 Agenda Item E-25 Strain moved, Solinger second to adopt Resolution No. 247-81 approving he project and ordering it to.be made and order bids to be opened at 11:00 A.M. on May 27, 1981 for Project No. 6303-1-81 J 2133 Storm Sewer in 3rd Avenue N. E. from 15th Street to 16th Street S. E. Ayes (7), Nays.(0). Motion carried. E-26 Duffy moved, Allen second.to adopt Resolution No. 248-81 approving upplemental Agreement No. 2 for Porject No. 6502-78 J 8652 for asic Construction in Ferndale Subdivision - 28th St. N. W. Ayes (7), Nays (0). Motion carried. This is in the amount of $8,556.00. E-27 3train moved, Solinger second to adopt Resolution No. 249-81 approving a Supplemental Agreement No. 2 for Pojrect No. 6107-79 olden Hill Addition J 8674 This is in the amount of $11,079.80. yes (7), Nays (0). Motion carried. E-28 Duffy moved, Larson second to adopt Resolution No. 250-81 approving upplemental Agreement No. 4 for Project No. 6107-79 Golden Hill ddition J 8674 in the amount of $2,664.00. Ayes (7), Nays (0). Motion arried. E-29 train moved, Larson.second to adopt Resoltuion No. 251-81 approving he Intent to participate in Roadway Improvements at the 37th Street nterchange. The City's share is $30,000.00. Ayes (7), Nays (0). lotion carried. E-30 train moved, Larson second to approve the apointment of James. owers to .be the City's representative on Region 10. Ayes (7), ays (0). Motion carried. F-1 train moved, Larson second to adopt Resolution No..252-81 approving resolution of the Public Utility Board approving a purchase order or a Submersible Pumping Unit Well No. 17 with Thein Well Company. he amount is $26,192.00. Ayes (7), Nays (0). Motion carried. F-1 uffy moved, Strain second to adopt Resolution No. 253-81 approving resolution of the Public Utility Board approving a Purchase Order n Acoustical Panels ( remodeling of Utility Business Office with ields Office Supply in an amount of $15,253.01. Ayes (7), Nays 0). Motion carried. F-1 An Ordinance Relating to Public Transportation: Exempting certain persons from a Franchise Requirement; Amending Rochester Code of Ordinances, Section 93.01 was given its first reading. F-1 An Ordinance Annexing..to the City of Rochester, Minnesota certain land ezoning to B-4 of Property in Marion Township (.78 Acre in Area Covered Wagon ) was given its second reading. Duffy moved, Strain econd to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. 1564 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 41 May 4, 1981 Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 G-1 G- 3 An Ordinance Rezoning Property to R-3 Portions of Innsbruck 4th and 6th Subdivision was given its second reading Solinger moved, Larson second to adopt the Ordinance as read. Ayes (7), Nays (0) Motion carried. An Ordinance Relating to the Charter of.the City of Rochester, amending Sections 1 8 9, 20 21, 28 29 32 36, 39 43 87 89 92, 103, 106, 107, and 162 and.Repealing Sections 4,5,6,7, 10, 11 12 13, 34, 37 38 and 44 was given its second reading. Solinger moved, Larson second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Remainder of land contained in the Northern Hills Golf Course (180 Acres*) was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City 11 acres of Property in Sections 14 and 15 T 107N R 14W in Eastwood Golf Course was given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (T), Nays (0). Motion carried. An Ordinance Annexing the 160 acres of the entire property constitut- ing Essex Park in Sections 14 and 15 T 107N and R 14W was given its second reading. Duffy moved, So linger second to adopt the Ordinance as -'read. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to adopt Resolution No. 254-81 approving an owner contract with Plaza 41 Northwest for Watermain construction in Woodhaven Second Subdivision. Ayes (7), Nays (0). Motion carried. Larson moved, Allen second to adopt Resolution.No. 255-81 approving the plans and specifications prepared by Yaggy Associates entitled Watermain Construction in Woodhaven Second Subdivision and execute an agreement with Younge Brothers. Ayes (7), Nays (0). Motion Carried. Powers moved, Larson second to remove the Subdivision Ordinance Variance 81-1 by the Chicago and Northwestern Transportation Co. to allow the metes and bounds conveyance of Railroad Land to AMPI from the table. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to grant the metes and bounds easement and adopt Resolution No. 256-81 and 257-81. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to remove from the table the Local Improve ments on Project No. 6233 -1-81 J 8760 Ekt. of Sanitary Sewer and Watermain to serve the church property on 33rd St. N. E. desc. as the E 600 feet of the North 435 feet of the N.W. 1/4 S.E. 1/4 of Sec. 24-107-14 .'Ayes '(7), Nays (0).,Motion carried. Larson moved, Allen second to adopt Resolution No. 258-81 to order the project to be made. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL, CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 4, 1981 Agenda Item Having no further business, Strain moved, Solinger 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 following members being present: President Postier,.Aldermen Allen Duffy; Larson , Powers, Solinger and Strain.. Absent: None. B-1 A Hearing on..the Industrial Development Bonds - Richards - Stevens Project. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 259-81 approving the application for the issuance of Industrial Development Bonds for a tax emempt mortgage not to exceed $425,000.00 for the. Richards Project. This is located in the Development District near the site of the proposed Northwester National Bank. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Industrial Development Bonds - Gauthier Industries. Wishing to be heard was Emil Gauthier of 1210 4th St. N. W. and was present for any questions the Council may have. He urged the Council to approve this project. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Larson.second to adopt.the resoltuion No. 260-81 approving the application for the issuance of Industrial Development Bonds for a tax exempt mortgage not to exceed $350,000.00 for the purpose of construction financing. Ayes (7), Nays (0). Motion carried. B-3 A"Hearing on the Proposed Assessment on Project No. 6222-4-78 J 8657 Basic Construction in 22nd St. N. W. Hendricks Subdivision. No one present wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 261-81 accepting the assessments. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Proposed Assessments Project No. 6214-2-80 J 8710 Grading and Surfacing, Curb and Gutter, Storm Sewer in 14th Street S. E. 3rd Avenue to 4th Avenue S. E.. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Solinger second to adopt .Resoltuion:No:262-81 approving the assessment. Ayes (7), Nays (0). Motion carried. B-5. A Hearing on the Proposed Assessments on Project No. 6311-1-79 J 8673 Concrete Curb and Gutter and Storm Sewer in llth Avenue N. E. from 17th Street N. E.tO 1.9th St. N. E. Wishing to be heard was Eric Skult of 1756 llth Avenue N. E. and questioned Mr. Roger Plumb Public Services .Director on the procedure of an improvement. Having no one else,Wesent that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolutior No: 263-81 approving the assessment. Ayes (7), Nays (0). Motion carried. B-6 A Hearing..on the Proposed Assessments on Project No. 5402-79 J 8693 Sanitary Sewer, Watermain , Service Connections in 21st Avenue S. W. and East-West Alley Block 4, Highland Addition. Having no one presen- 1566 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-6 that wished to be heard, President Postier closed the hearing. Solingi moved, Strain second to adopt Resolution No. 264-81 accepting the assessments. Ayes (7), Nays (0). Motion carried. B-7 A Hearing on the Petition to Change the Zoning District from R-lFF to B-laFF at 411 12th Street S. E. Wishing to be heard was Art Swan, Attorney.representing John Stewart and urges the Council to approve this. Dorothy Brogan of Rochester is also in favor of the change. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to instruct the City Attorney to prepare any Ordinance making the change that can be adopted. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on the Petition to Change the Zoning District from R-1 to R-2 on the north side of 19th Street'S. E. between First and Second Avenues S. E. Wishing to be heard was Bill Voelker Rochester, Minn. representing the owner and urged the Council to approve this. Alderman Strain stated that this would be a complete reversal of the use of the property in the general area. Mr.••Voel.ker stated that homes have been upgraded in the area and this should be used for that purpose. Having no one else present that.wished to be heard, President Postier closed the hearing. After Council discussion, Strain moved, Duffy second to deny the change. Upon Roll Call vote, Adlermen Duffy, Strain voted aye. Ayes (2), Aldermen Allen, Larson, Powers, Solinger and President Postier voted.nay . Nays (5), Motion did not carry. Powers moved, Larson second to approve this change and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (2). Aldermen Duffy and Strain voting nay. Motion carried. G-2 3owers moved, Strain second to remove the Local Improvements - roject No. 8101 J 8752 San. Sewer and Watermain Ext on T.H. 63 to 5th Street S. W. from the table. Ayes .(7), Nays (0). Motion carried. fishing to be heard was Walter Castle of 3623 Vista View Ct. S. W. and stated that he would agree -to pay for 50% of the present assessment and would sign an agreement so stating. Having no one lse that wished to comment. Larson moved, Solinger second to adopt Resolution 265-81 ordering the project to be made and this should be ontingent on the City Attorney getting this agreement signed by Developers accepting higher assessments so that 50% of the project ill be immediately assessed directly. Ayes (7), Nays (0). Motion carried. E-7 Strain moved, Solinger second to approve the Performance Based Comp- nsation Plan up to a maximum of $20,000.00. Ayes (7), Nays (0). Motior arried. C-1 lien moved, Strain second to approve the appointment of Kenneth.C. ieper of 1506 Damon Court to the Historic Preservation Committee. yes (6), Nays (1). Alderman Solinger voting Nay. Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1567 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May`4, 1981 Agenda Item C-3 Powers moved, Duffy second to approve the appointment of Thomas P. Murray of 3108 14th Avenue N. W. to the Zoning Board of Appeals. Ayes (6), Nays (0).Alderman.Solinger abstained. Motion carried. C-4 Strain moved, Allen second to approve the following members to the Housing Board of Appeals: Gary L. Johnson of 4418 14th Avenue N. W. Harrison G. Nelson of 616 18th St. S. W., Jospeh J. Smekta 1508 4th Avenue N. E.and Raymond Moore, 1335 Second Avenue N. W. and Marti Van Herik of 207 5th Avenue S. W. Ayes (6), Nays (0). Alderman Solinger abstained. Motion carried C-5 Duffy moved, Allen second to approve the following appointments to the Human Rights Commission: Helen Richardson, Lori Rieder, Mary A. Sorensen, and John M. Hawk All terms are for three years and expire May 1, 1984. Ayes (6), Nays (0). ALderman Solinger abstaining. Motion carried. C-6 Strain moved, Powers second to approve the following appointments to the Energy Awarness Committee: Sue Bateman and William E. Finney. Ayes (6), Nays (0). Alderman Solinger abstained. Motion carried. C-7 Powers moved, Strain second to approve the following members to the Citizens Advisory Commitee of Transit: Gaylon M. Carmack, Steve L. Crawford, William J. Rood. Tim Burton, Anna McGee and Eugene Parkin were referred to the Committee of the Whole for further Discussion. Ayes(6), Nays (0). Alderman Solinger abstained. Motion carried. C-8 Allen moved, Larson second to approve the appointment of Mary Goette to the Police Civil,Service Commission. Term will expire April 1, 1984. Ayes (7),Nays (0). Motion carried. C-9 Solinger moved, Strain second to approve the appointment of James McNary to the Fire Civil Service Commission. Term to end April.l, 1984. Ayes (7), Nays (0). Motion carried. C-10 Action was delayed on the appointment to the Planning and Zoning Commission. C-11 Duffy moved, Strain second to approve the appointment of Dr. Vincent M. Hollaren to the Music Board. Ayes (6), Nays (0). Alderman Solinger abstained. Motion carried. C-2 Larson moved, Powers second to approve the appointment of I.J. Lewisor and Thomas G. Murphy -to the Airport Zoning Board. Lewison term will. expire December, 1981 and Murphy will expire December, 1982. Ayes (6), Nays (0). Alderman Solinger abstained. Motion carried. F-1 An Ordinance Rezoning Property. to B-laff Residential Business District Flood Fringe Overlay District.in.Lots 17 and 18 Block 6 Elm Park Addition was given its first reading. 1568 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 4, 1981 Agenda Item F-1 F-1 An Ordinance Rezoning Property to R-2 Low Density Residential South 112 of Lot 3 and all of Lot 8, Block 17, Golden Hill Add. was given its first reading. Solinger moved, Strain second to adopt Resolution No. 266-81 approvi a resolution of the Public Utility Board approving a Supplemental Agreement No. 1 to the Electric Service Agreement with IBM. Ayes (7), Nays (0). Motion carried. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. l Ci y Clerk Information - 5-4-81 1. Committee of the Whole Meeting Minutes of April 13, 1981 and April 20, 1981. - A