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HomeMy WebLinkAbout06-15-19811598 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1981 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Bluhm, Duffy, Powers, Solinger and Strain. Alderman Allen -arrived at 7:35 P.M. Absent: None. Powers moved, Bluhm second to approve the minutes of the June 1, 1981 meeting. Ayes (6), Nays (0). Motion carried. Alderman Allen arrived. B-1 A Hearing on the Application for a Final Plat of Manor Woods Fourth Subdivision located in Country Club Manor.. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Powers second.to adopt Resolution No. 344-81 approving the plat. Council discussion was held..Alderman Solinger questioned the need for the sidewalk easements. Alderman Strain stated that they cause a problem in the neighborhood he thinks the easements shou' be eliminated. Tom Taylor, Designer for the group- Johnson,Drake an( Piper stated that the Park Department requested the walkways. Having no further discussion, vote was taken. Ayes'(7),. Nays (0). the Plat was approved with the deletion of the sidewalk easements. B-2 A Hearing on the Final Plat of Buena Vista First Subdivision. Having no one present that wished to.be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 345- 81 approving the plat. Ayes (7), Nays (0). Motion carried.' B-3 A Hearing on the Final Plat of Resubdivision of Lots 7 and 8, Morris'! First Subdivision and Lot 3, Morris's Second Subdivision.Wishing to - be heard was Thomas Nelson of.307 32nd St. N. E. he urged the Council to deny the plat. He stated that he was told that they had made more lots in the plat then he was told originally. Wishing to be heard was Marianne Vriese of 398.32nd St. N. E. and is opposed. Rudy Biaggio of 310 32nd St. N. E. stated that he has a large lot, and is not in favor of the size of the lots.in the plat. President Postier stated that the size of the lots in the City are legal. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 346-81 approving the plat. Ayes (7) Nays (0). Motion carried. B-4 A Hearing on the Petition to Change the Zoning District from B-lb to B-4 at 916 North Broadway ( Rachel's Rap ) Wishing to be heard was Allan Cameron of 2727 Merrihills Drive - owns property on 912 No. Broadway and is opposed to this zone change. Ken Mohn, Attorney for Joel Burrington, Rochester, Mi.nnesota wished to be heard and stated that the area around the property in question is business oriented. He named 5 realtors, a shoe repair shop, dry cleaner. He suggested that this property be brought into conformation with the area. Mr. Mohn stated that he would welcome a tabling motion to take a look at the entire block for consideration on a proper zone. He urged the Council to either approve this change, or to table this R a, for further consideration. Wishing to be heard was Ervin Wiltchin of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA t599 Adjourned Meeting No. 3 - June 15, 1981 Agenda Item B-4 22 10th St. N. E. is opposed. Having no.one else present that wished to be heard, President Postier closed the hearing. President Posti.er stated that he would vote to deny the change because he considers this spot zoning.. Alderman Strain questioned Mr. Fred Suhler, City.Attorney if other businesses in the area are conforming with the B-lb zone. Mr. Suhler replied that he did not know how many of the existing businesses are conforming, he stated that if they are there now, they are non -conforming. He stated that the area consists of a small section of businesses and residehtial.use: is close by.- He stated that the issue is whether to.zone this for business or residential. B-lb offers some restriction in uses whereas B-4 is less restrictive and would include entertainment business. .Alderman Solinger remarked that even tho that area has realty offices a lot of them are combined with the residence. 4 of the 6 live in the combined residential/realty. Having no more discussion by the Council, Allen moved,.Bluhm second to deny the request. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Petition for :-PFroject No. 6303-1-81A J 8764 Sidewalk on the East side of East River Road from 24th Street N. E. to 27th Street N. E. Wishing to be heard.in. opposition was Jim Gray of 2610 East River Road. Henry Canale of 304 27th Street N. E., Davey Rudd of 2620 East River Road, Joel Charlstad of 2632 East River Road, Joe Marek of 2678 East.River Road. A letter was received from Jon C and Patricia Springer of 2616 East River Road opposing the project. Jerry Cunningham of 2638 East River Road is in favor of the project Ivahn,Docktor of 2672 East River Road is in favor, Judy Haugen of 2660 East River Road is in favor of the project. Mr. Harold DeVries Sidewalk Superintendent stated that 7 of the 15 property owners petitioned for the sidewalk this.consisted of 52% of the frontage. He stated that the water problem and the snow problems that were mentioned by the residents heard earlier 'in the evening should pose no problem. Mr. Jim Gray of�261 East River Road stated that he still feels that they do not need a sidewalk in the area and that rain and, snow will be a problem. Having'no one else present that wished to be heard, President Postier closed the hearing. Alderman Bluhm. stated that he would vote against the project, but stated that the area.Blocks 3-9 were the majority of the petition and would like to see sidewalk put in that area. Having no further. discussion, Bluhm moved to approve the project but only on Lots 3-9. Motion died for lack of a second. Powers moved, Strain second to approve the project Ayes (6 ), Nays (1). Alderman Bluhm voting nay. Motion carried. Res'. B-6 A Hearing on the Project. No. 6303-1-81A ( J 8762 Sanitary Sewer and Watermain extension, plus service connections, in 31st St. N.E..and 32nd Street N. E. from the centerline of 3rd Avenue N. E. to a point approximately 240 feet East. Having no one present that wished to be heard, President Postier closed the hearing. Alderman Strain pointed out that we have 53% of the project is deferred. Allen moved, Bluhm second to adopt Resolution 348-81 approving the project to be made. Ayes. (7), Nays (0). Motion carried. 347-81. 1600 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B- 7 E B-11 B-12 B-13 B-14 Adjourned Meeting No. 3 - June 15, 1981 A Hearing on the Petition to vacate the 10 foot wide utility easemen on property located at 735 29th,,Street N. W. Having no one present that wished to be heard, President Postier closed the hearing. Duff moved, Solinger second to adopt Resolution No. 349-81 vacating the easement. Ayes (7),'Nays (0). Motion carried. A Hearing on the Petition to vacate a 10 foot wide utility easement between Lot 1-and 2, Block 1, Northridge Second Subdivision, N.W. corner of 29th Avenue and 25th Street N. W. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Duffy second to adopt Resolution No. 350-81 approvin the easement. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment on Project No. 6202-3-74 J 8518 Sewer and Water extension to serve Hillside School. Having no one present that wished to be heard, President Postier closed the hearing Strain moved, Powers second to adopt.Resolution No. 351-81 approving the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessments on Project No. 5720-79 J 8689 Construction of trunkline watermain between high/low level water systems in Country Club Manor. Having no one present that wished to be heard, President Postier .closed the hearing. Allen moved, Strain second to adopt Resolution No. 352-81 approving the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessment on Project No. 8003-Division II J 8718 12 inch Watermain extension from 32nd Street N. E. ( Northern Slopes 3rd ) to 41st St. N. E. along East side T.H. 63 North Section 24, Cascade Township. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 353-81 accepting the assessments. Ayes .(7), Nays (0). Motion carried. A Hearing on the Proposed assessments on Project No. 8003 Division I J 8716 Sanitary Sewer on East Side T.H. 63 North, 31st St. N. E. to 200 feet South of North Line Sec. 24, Cascade Township. Having no one present that wished to be heard, Solinger moved, Strain second to adopt Resolution No. 354-81 accepting the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed assessments .on Project No. 7106-1-79 J 8702 Storm Sewer construction for Pennington Court N. W. Having no one present that wished to be heard, President Postier closed the hearing.Duffy moved, Bluhm second to adopt Resolution No. 355-81 accepting the assessments. Ayes (7), Nays (0'). Motion carried. A Hearing on the Proposed Assessments on Project No. 6300-N-80B J 8719 Watermain Extension in T.H. 63 North (ROW) from Northern Hills Drive N. E. to 27th St. N. E. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 356-81 accepting the assessments Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1601 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1981 Agenda Item C-1 Solinger moved, Bluhm second.to approve the Mayor's appointment to the Rochester Planning and Zoning Commission of.Christopher Colby of 618 20th Street N. E. His.term expires.December,.1983. He fills the unexpired term of H. Gordon Bluhm who recently was elected a councilman. Ayes (7), Nays (0). Motion carried. D-1, Bluhm moved, Strain second to adopt Resolution No. 357-81 referring the petition for Basic Construction in Manor Woods Fourth Subdivision to the.Public Services Department for a feasibility study. Ayes (7) Nays (0). Motion carried. D-2 Solinger moved, Duffy second to adopt Resolution No. 358-81 establish ing an International "Family -City" Program. Ayes (7), Nays (0). Motion carried. E-1 Strain moved, Allen second to adopt Resolution No. 359-81 approving the Issuance and Sale of a $350,000. Debt Instrument; authorizing execution of a Sale and Assignment Agreement, Loan Agreement , and an Arbitrage Certificate, all relating to said debt certificate. Ayes (7), Nays (0). Motion carried. E-2 Duffy moved, Strain second to adopt the Resolution No. 360-81 Authori; ing the Issuance and Sale of $1,000,000. Industrial Development Revenue Bonds ( Libby, McNeill & Libby, Inc., Project -1981 Series ) the City of Rochester, Minnesota and authorizing and approving the execution and delivery of an Indenture of Trust and Loan Agreement and other matters in connection therewith. Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Strain second to adopt Resolution No. 361-81 awarding the 1'ow bid of $8,900. to Rochester Sand and Gravel, Rochester, Minnesota. for Demolition of N. W. Bank Drive -In. Ayes (7), Nays (0). Motion carried. E-4 Solinger moved, Strain second to instruct the City Attorney to amend Rochester Code of -Ordinances to allow for a sewer service charge rate reduction for cooling or condenser water discharged to the sanitary sewer system. This Mould delete Section 77.14 and.77.15. Ayes (7), Nays (0). Motion carried. E-5 Strain moved, Powers second to support the action of the Committee of the Whole'in recommending.that the Sidewalk Project on 5th Avenue S.E. and 6th Avenue S.. E. not'be constructed this year and remove the section of fence across the easement that exists to allow foot traffic. This should be brought back and recommended -for a sidewalk in 1982..Wishing to be heard was Mary Jane Jorge of 1628 5th Ave. S.E. and opposed this sidewalk. A resident of 1617 6th Avenue S. E. also opposed this project. President Postier received a letter from Karl Koerner opposing this project. A Petition with 24 signatures against the project.was also submitted. Having no further discussion vote was ..taken. Ayes (6),.Nays (1). Alderman Solinger voting nay. Motion carried and the sidewalk was denied. if 1602 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Adjourned Meeting No. 3 - June 1 Agenda Item 5 E-6 Strain moved, Bluhm second to adopt Resolution No. 362-81 instructing the Mayor and City Clerk to execute the contract with Biospherics Incorporated for the provision of the phosphorus removal system proposed in the construction of the new Wastewater Treatment Plant and rescind the previous resolution instructing the Mayor and City Clerk to execute a contract with Union Carbide Co. for the PhoStrip System. Ayes (7), Nays (0). Motion carried. E-7 Strain moved, Bluhm second to approve the request for a Sidewalk Sale on July 30, 31 and August 1, 1981 in the Downtown Rochester area. Ayes (7); Nays (0).Motion carried. E-8 Powers moved, Strain second to approve the following licenses and bonds: Annual Gambling License and waived the bond requirement for Senior Citizens Services, Inc. at 121 No. Broadway. Request for On -Si Non -Intoxicating Malt Liquor License for the Olmsted County Fair. August 3rd thru 9, 1981. Request from Percy Bessingpas , Stewartville Minnesota for a Sewer and Drain License. This'is pending bond and insurance papers being submitted; Request for an Auctioneer's License from Gerald Gottschalk of Byron, Minnesota. Request from Jerome J. Rein, 1716 Cascade Street N. W. for Master Installers license for Heating, Ventilating and Air Conditioning for the City Request from Carlton Penz 1800 Hiawatha Ct. for a house moving permit from 1905 Hwy 14 East to Golden.Hill Addition at First Avenue S.W. Ayes (7), Nays (0). Motion carried. E-9 Bluhm moved, Strain second to.approve the request from the Rochester ,Post -Bulletin to stage their annual fireworks display at Silver Lake the evening of July 4. Ayes (7), Nays (0). Motion carried. E-10 Solinger moved, Bluhm second to adopt Resolution No. 363-81 approving awarding the low bid of $65,368.55 to C.O. Brown Agency, Rochester, Minnesota for the general liability and fleet insurance for the City of Rochester, Minnesota. Ayes (7), Nays (0). Motion carried. E-11 Duffy moved, Powers second to adoResolution No. 364-81 awarding the low bid of Itasca Equipment Company of Savage, Minnesota in the amount of $48,794.00 for a street sweeper with diesel engine. Ayes (7), Nays (0). Motion carried. E-12 Strain moved, Allen second to adopt Resolution No. 365-81 approving and awarding the low bid of $33,657.34 for 150 duplex manual parking meters. Ayes (7), Nays (0). Motion carried. E-13 Powers moved, Bluhm second to award the low bid of $101. to Donald Anderson of Viking Realty for the house at 19 2nd Avenue N. E. Ayes (7), Nays (0) Motion Carried. E-14 Duffy moved, Bluhm second to adopt Resolution No. 366-81 authorizing the City Clerk to advertise for bids for seasons supply of rock salt and Resolution No. 367-81 for one years supply of liquid chlorine. Bids to be opened at 11:00 A.M. June 30, 1981.Ayes (7),Nays (0). Motion carried. ile RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1603 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1981 Agenda Item E-15 Strain moved, Allen second to approve the semi-monthly Accounts Payab' in the amount of $795,188.49 ( list attached ). Ayes (7), Nays (0). Motion carried. E-16 Solinger moved, Bluhm second to approve the Purchase Agreement and Amendment for Acquisition of Land for the Foster -Arend Park. Ayes (7), Nays (0). Motiom:;Carried. E-17 Powers moved, Allen second to instruct the City Attorney to prepare an Ordinance renaming the street in Western Walls Fourth Subdivision from 21st Avenue N.W. to 20 112 Avenue N. W. Ayes (7), Nays (0). Motion carried. E-18 Powers moved, Allen second to approve the Zone Change in the Willow Creek Sewer District County Zone Change Request # 81-2 by James Sullivan from AG to M-1 in Section 2, High Forest Township. Ayes (7), Nays (0). Motion carried. E-19 Duffy moved, Strain second to table the Initiating of condemnation foi construction of 31st Avenue N. W. from 43rd to 48th Street N. W. Project No. 6331-4-80 J 87.40. Further negotiations should be made between the..current land owners and the City before condemnation woul( be approved by the Council. Ayes (7), Nays (0). Motion carried. E-20 Powers moved, Strain,second to adopt Resolution .No. 368-81 approving an Owner contract for Project No. 6920-4-81 J 8765 Basic Construction in Manor Woods 4th Subdivision. Ayes (7); Nays (0). Motion carried. E-21 Duffy moved, Solinger second to adopt Resolution No. 369-81 approving and awarding the low bid of $40,880.10 to Floyd Larson Construction Company, Rochester, Minnesota for Project No. 6301-3-81"A J 2506 Sanitary Sewer and Watermain Relocation in 1st Avenue S. W. and lst St. S. W. due to construction of proposed bank and adjacent parking ramp. Ayes (7), Nays (0). Motion carried. E-22 Bluhm Moved, Allen second to adopt Resolution No. 370-81 initiating Project No. 5815-81 J 8745 Street Reconstruction on Northern Heights Drive from North Broadway to 7th Avenue N. E. Ayes (7), Nays (0). Motion carried. E-23 Powers moved, Strain second to adopt Resolution No. 371-81 authorizing the City Clerk -to advertise for bids to be opened on July 31, 1981 for Project No. 6306-4-80 J 8728 S.A.P. 159-116-01 Street Reconstruct- ion on 6th Avenue S. W.-N.W. from 2nd Street S. W. to 5th Street N. W. Ayes (7), Nays (0). Motion carried. E-24 Strain moved, Bluhm second to adopt Resolution No. 372-81 authorizing the City ,Clerk to advertise for bids on Project No. 6303-1-80 J 8741 Sanitary Sewer and Watermain Ext. plus Service Connections on 3rd Aven N.E. from a point 260 feet south of the Centerline of 31st Street N. E to the Centerline of 32nd Street N. E. and Project No. 6303-1-80A je IJ 8762 San. Sewer and Watermain ext. plus Service Connections in 31st 1604 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1981 Agenda Item E-24 E-25 E-26 E-27 E-28 F-1 F-1 F-1 F-1 F-1 Street N. E. and 32nd Street N. E. from the Centerline of 3rd Avenue N.E. to a point approx. 240 feet east. Bids to be opened at 11:00 A.M. on July 15, 1981. -Ayes (7), Nays (0). Motion carried. Duffy moved, Allen second to adopt Resolution No. 373-81 approving the "205" City/County Pavement Marking Demonstration Program. Ayes (7), Nays (0). Motion Carried. Allen moved, Powers second to adopt Resolution No. 374-81 approving Supplemen tal Agreement.No. l for Project No. 6107-80 Golden Hill & Garden -Acres South of 19th. Ayes (7), Nays (0). Motion carried. Powers moved, Bluhm second to adopt Resolution No. 375-81 providing for the issuance and sale of General.Obligation Bonds to Finance Costs incurred and to be Insurred in Aid of Development District No. 2 of the City. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to approve the transfer of interest in B & F Properties, Inc. located in Valhalla Shopping.Center to R. Scott Fritz to a parent corporation called Scott's Holding, Incorporated with one shareholder - R. Scott Fritz. Ayes (7), Nays (0). Motion carried. I Strain moved, Bluhm second to adopt Resolution No. 376-81 approving a resolution of the.Public Utility Board approving Engineering Services. Agreement : District Heating System Study ( inc. Marketing feasibility and planning): Henningson Durham and Richardson for an amount of $51,160. Ayes(7), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 377-81 approving a resolution -of the Public Utility Board approving Amendment No. 2 to engineering services agreement with Pfeifer and Shultz/HDR Inc. to evaluate the MPCA Air quality model used in conjunction with suffer dioxide emission limits for a total cost of agreement increased to $40,000.00. Ayes (7), Nays (0). Motion carried. An Ordinance Relating to Sewer Charges; Amending Rochester Code of Ordinances Section 77.14; Repealing Rochester Code of Ordinances, Section 77.15 was given its .first reading. An Ordinance Relating to Street Names; Renaming a portion of 21st Avenue-N. W. in Western Walls Fourth Subdivision; amending Rochester Code of Ordinances Section 75.01 by adding a clause., was given its first reading. An Ordinance Relating to the Zoning Code of the City of Rochester : Providing for creation of Special Districts: Amending Rochester Code of Ordinances by adding a Chapter 64A was given its first reading. F=1 I An Ordinance Rezoning certain property and Amending Ordinance No. 1 ri known as the Zoning Code of the City of Rochester to B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Ad.iourned Meetina No. 3 - June 15. 1981 Agenda Item F-1 General Business District ( Property on North Broadway and 5th Street N. W. comprising "Cheap Charlies" and North Star Bar: was given its . second reading. Strain moved, Duffy second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Powers moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. er Information - 6-15-81 1. Standing Committee meeting minutes for meetings of: March 9, 1981, May 18, 1981, May 27, 1981 and June 8, 1981. 2. Letter from Waste Management Board. I