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HomeMy WebLinkAbout07-07-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1607 , CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Agenda Item President Postier called the meeting to order at:�3 :30:P, M:.the:fol.low A-1 ing.members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None. B-1 A Hearing on.,the Petition to vacate the West 5 feet of the 10 foot utility easement along the east side of Lot 8,.Block 3, Sunrise Estat s Third Subdivision. Having no one.present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to approve this. Alderman Duffy questioned the.comment by the Public Utility Department concerning a fence that was going to be placed on an existing easement. The Public Utility Department.recommended against this fence. At this time the owner has.refused to remove the fence. The Council recognized.concern over the comment by the Public .Utility Department and Duffy,moved, Powers second to table the petition until this problem can be solved. Ayes (7), Nays (0). Motio carried. B-2 A Hearing on-the.Land Use Text_ Amendment. Wishing to be heard was .Myron Anderson of 102 19th St. S.E. and is in favor of this plan. Having no one.else present that wished to be heard,.President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 378-8:1 approving the Land Use Plan Text Amendment relating to the Meadow Park Neighborhood dated June 5, 1981 as prepared by the - Consolidated Planning Department. Aves (7), Nays (0).: Motion carried. B-3 A Hearing on the Application for PUD ( Concept Statement ),,located at 407 14th Street N.W. by Resurrection Evangelical Lutheran Church. Wishing to :be heard was Thomas Godsill of 1420 15 112 Avenue N. W. and was opposed.to this PUD,. Wishing.to speak in opposition was John Ahma.n of 1506,4th Avenue N. W., Mabel Henn, of 1411 8th Avenue N. W. Kenneth Noser of 1502 4th.Avenue N .W., Eugene Rowekamp of 1507 14th Street N.W., Donald DeYoung of 1:512 4th Avenue N. W. A petition containin.g..53 sign,atures.opposition this was also received. Speaking*in favor of the PUD was Vern Corson_ Rochester, Minnesota, President of Resurrection Evangelical Lutheran Church. Mr. Corson stated that the church has grown and the building just is not big enough. A.school is maintained in the premise and has 50-60 children at present time. Parking is. needed. The congregation has not been able to improve ..the property because of regulations. They cannot accept the recommendations of the Planning and Zoning Department at this time because it would limit the uses of the building and thus making it almost impossible to sell. Wishing to be heard was Bill Voelker, Rochester, Minnesota. He stated that the church cannot live with the non -residence floor area of 4%. The zoning code would accept such things as a day care center, supervised living facility etc. He feels that the neighborhood would be better off with a chiropractic clinic which would create little or no traffic and would be quiet in the neighborhood. He thinks the problem with zoning.churchs in a neighborhood is something the Council should look at as more and more of them are outgrowing. the present facility and need to build,or move out of the area. Arnie Skogebo of 700 31st St. N. E. was present and spoke in favor of the PUD. Gene Treichel 1608 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item : E B- 5 Adjourned Meeting No. 5 - July 7, 1981 1515 8 112 Avenue S. E. is a realtor.with Hexum Associates and stated) that the church has not had any other offers to sell and would urge the Council to approve the PUD. Having no,one else present that wisher to be heard, President Postier closed the hearing. After discussion by the Council Alderman Allen stated that he agrees with the resident! but realizes the church has a problem too. Alderman Strain commented "If it is the City's problem to find a use for a church" Alderman Solinger stated that the City can be of help. He stated that the City allows churchs to be built in an R-1 area. Alderman Powers stated that he would like to see the situation of this church and others be studied by the Planning and Zoning Commission for possible uses. Alderman Duffy thinks the Planning and Zoning Commission did look at it and did come up with recommendations. But, he would have no objec. ions to sending this back for further study. Alderman Solinger think! a use can be worked out. Alderman Bluhm also thinks a study should bi made on possible uses. Having no one else that cared:Ao comment, Bluhm moved, Strain second to deny the application and send this back.to the Planning and Zoning Commission for a study on possible uses for churchs and return this study to the Council within 60 days. Ayes (7), Nays (0). Motion carried. A Hearing on the Amendment to the Rochester Urban Service Area Land Use Plan in the Allendale Area. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 379-81 approving the amendment. Ayes (7), Nays (0). Motion carried. A Hearing on the Petition to Change the Zoning District from R-1 to B-4, Highway 52 North and Bandel Road N. W. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Bluhm second to approve the change and instruct the City Attor� ney to prepare an ordinance that can be adopted. The Motion includes Planning Commission and staff recommendations that the City consider adopting an Official Right-of..way map in this area or acquiring the needed strip of additional right-of-way from this property. A }tearing on the Petition to Annex to the City and Zone B-4 ( General Business ) 4.15 Acres of Vacant Land at the Northwest Quadrant of TH 52 and US 63 South. Wishing to be heard was David Bishop of Rochester, Minnesota, owner of the property and urged the Council to approve this peition. Mr. Bishop also stated that the well on the property will be filled in. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Solinge second to approve the petition and instruct the City Attorney to pre= pare an ordinance for adoption including the statement by the dev- eloper that the well is filled in. Ayes (7), Nays (0). Motion carried A Hearing on the Application for Final Plat located at 19th Street and Second Avenue S. E. to be known as Marchant First Subdivision. Wishing to be heard was Myron Anderson of 104 19th St. S. E. and is opposed to this. He is against four-plexes being put in this area. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Agenda Item B-7 Wishing to be heard was Don Anderson of Rochester, Minnesota. Mr. Anderson stated that he was going to have duplexes and not four- pl:exes. He urged the Council to approve this plat with 5 lots. Havinc no one else present that wished to be heard, President Positer closed the hearing. Solinger moved, Allen second to adopt Resolution No. 380-81 approving the plat. Ayes (6), Nays (1)-. Alderman Solinger voting nay. Motion carried. B-8 A Hearing on the Application for Final Plat located at 19th Avenue N. E. and Hiawatha Court.to be known as Oakcliff. Wishing to be hear was Lester Tiedeman of 1050 19th Avenue N.E. and was worried about the exits and the traffic flow. He also questioned about who pays for the clean up of 19th Avenue. He was told that Elcor paid for it. This will be repaved in the future. Wishing to be heard was Andrew Tanabe of 1601 loth Street N. E. He stated that vibrations did occur from the blasting and that trees were cut- the run-off is very real and consequently they will have hill erosion because of this. He objects. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Powers questioned Roger Plumb if the hill did have damage from trees being cut etc. Mr. Plumb stated that he had toured the area on July 5th week -end and saw no.trees being cut. He stated that the diking of the run-off was good and he saw no problem. Rick Hexum of Rochester,Developer stated that the dead elms were taken by citizens who could burn them. No other trees have been, cut.. Having no other comments, Bluhm moved, Strain second to adopt Resolution No. 381-81 approving the plat. Ayes (7), Nays (0). Motion carried. C-1 Solinger moved, Strain second to approve the Mayor's appointment of Robert W. McIntosh to serve , the Planning Commission liaison to the:Zoning Board of Appeals replacing H. Gordon Bluhm. Ayes (7), Nays (0). Motion carried. E-1 Powers moved, Allen second to approve the additional design fee and authorizing the Mayor and City Clerk to sign said document. The design is necessary for the Proposed West. Center Street Parking Ramp. (western portion ) this is an agreement between the City of Rochester and Carl Walker and Associates, Inc. for a fee of $14,744.00. Ayes (6), Nays (l). Alderman Duffy voted nay. Motion carried. E-2 Duffy moved, Strain second to approve the.following items at the Rochester Municipal Airport: Payment of $7,909.42 for ADAP 6-27-09 Taxiway paving project to McGhie and Betts. Amending ADAP 6-27-0084-C to include bituminous overlay on general aviation ramps and authorize the Mayor and City Clerk to execute the documents. The additional local share of the project would be $2,172.00. ( Taxiway Overlay ). The Contract covering Engineering Services by McGhie and Betts, dated April 10, 1980 for the 1981 General Aviation Ramp overlay . This covers the design staking and inspection of the placement of approximately 34,000. sq. yards of 1 1/2" asphalt concrete on existing bituminous surfaced aprons. Project is scheduled to be completed in 1981. The Mayor and City Clerk are authorized to execute 1609 16�O RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 an amendment to the July 1980 agreement for State Aid with Minnesota Department of Transportation, Aeronautics Division,concerning paving costs on the 1980 taxiway overlay. The state's encumbrance was predicted on a total estimated allowable cost of.$29,351.00 which war exceeded by $1,353.67 for a total of $30,704.67. This involves adding a paragraph 7a be added to said agreement to read as follows: The Municipality agrees that the additional cost to the State from State Aid funds shall not exceed $1,353.67." Ayes (7), Nays (0). M tion rr e R solution No. d380A-81 advertisin for bids and in- s�ructie �,y Clerk to procee on the above pro3ect was adopted. Allen moved, Bluhm second to approve the following licenses and bond! License to Rochester Sand and Gravel, Incorporated 4105 East River Rd. N.E. for a license to construct Cement Sidewalks, Curb and Gutter and Driveways in the City of Rochester. A Certificate of Insurance has been filed. License to connect Sewers and Drains in the City of Rochester by Robert A. Braaten, Byron. A bond and insurance papers —have been filed with the City. Application received from J.B.Bagne of Rochester to move a house from 125 14th Street N. E. to the corner of 31st St. and River Road N. E. Application received frc Harold Forges for cigarette license for machines at the following locations: Mister Muffler, 303 Third Avenue S. E.; Automotive Supply Company 209 North Broadway; C & M Auto Body, 1702 7th St. N. W.; Deluxe Court Motel, Highways 52 and 14; Starlite Motel, 1921 South Broadway; Chuck's. Tire and Auto, 102 North Broadway. Request received from Carroll L. Bruske, Bruske Real Estate, Inc. for an application to hold an auction for ThompsonyYaeger Inc. for selling office equipment. Fees and bond have been obtained. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt Resolution No. 382-81 approving the advertising for bids for rental of heavy equipment for construct• ton of Cell 4, Sections 3 and 4 at the City Landfill. Bids to be opened at 11:00 A.M. on July 15, 1981. Ayes (7), Nays (0). Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 383-81 approving the advertising for bids of maintenance work on two-way radio equip= ment. Bids to be opened at 11:00 A.M. on July 28, 1981. Ayers (7), Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 384-81 approving the awarding of the low bid for a suburban -type wagon for the'Public Services Department. This was awarded to Clement's Chev. for the net bid of $9,158.00. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt Resolution No. 385-81 awarding the low bid of $9.15 per cwt for liquid cholorine at the Water Reclamation Plant. This is to be furnished in two ton cylinders. This was bid by Van Waters and Rogers. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL jL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Agenda Item E-8 Solinger moved, Duffy second to adopt Resolution No.386A-81 approving and.awardi.ng the low bid of $25.80 per ton for Rock Salt for the Street and Alley Department for the 1981-1982 season and submitted by Diamond Crystal Salt Company. Ayes (7), Nays (0). Motion Carried. E-9 Allen moved, Strain second to approve the semi-monthly (list attached) Zounts payable in the amount of $1,191,136.42. Ayes (7), Nays (0). ion carried. E-10 olinger moved, Powers second to adopt Resolution No. 386-81 authoriz- ing the issuance and providing for public sale of $5,800,000 General bligation Tax Increment Bonds of 1981. Ayes (7), Nays (0). Motion arried. E-11 Duffy moved, Strain second to adopt Resolution No. 387-81 approving he salary ofthe Director of Civic Music effective July 1, 1981 be increased 9.5%. This will be reviewed again June, 1982: Ayes (7), ays (0). Motion carried. E-12 VIr. Fred Suhler, City Attorney questioned Mr. Robert DeWitz on the reason he had for requesting a Metes and Bounds Conveyance of Unplattel and on the East Side of the Termination_ of 22nd Avenue N. W. Mr. eWitz stated that this area should have been included in Western rd, but was not. It will become part of Western 4th, but would like o develope this at this time. Mr. Thomas Moore, Planning Director tated that Mr. DeWitz will dedicate the land for street and cur.b.and utter, etc. and also needs utility easement. Mr. DeWitz stated that his will be done and he will provide the City Attorney with the orrect legal description. Having no further comments, Bluhm moved, train second to adopt Resolution No. 388-81 approving the Metes nd Bounds subject to the dedication of the easements needed and urnishing the City Attorney with legal description. Ayes (7), Nays (0). Motion carried. E-13 3train moved, Allen second to adopt Resolution No. 389-81 approving he petition to vacate property along 5th Avenue S. W. between the no Right -of -Line of Second Street S. W. and the South Right -of -Line f First Street S. W. ( Originally platted and dedicated in William cCullough's Addition as Court Street ). Ayes (7), Nays (0). Motion arried. E-14 k1len moved, Bluhm second to adopt Resolution No. 390-81 accepting he feasibility report and order a hearing to be held on August 3, 981 on Project No. 6920-4-81 J 8765 Construction of Streets, Concrete urb and Gutter, Santiary Sewer, Watermain, Storm Sewer and Service onnections in Manor Woods Fourth Subdivision. The hearing ill be August 3, 1981. Ayes (7), Nays (0). Motion Carried. This ssessment for Basic Construction will be put on the Assessment Roll. his was done by special request from the developer. The assessments ill be paid over a two year'period and that the interest rate be harged at the rate the bond buyer's index is at the time the assess- ent is levied. 1612 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-15 E-16 E-17 E-18 E-19 E- 20 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Bluhm moved, Solinger second to adopt Resolution No. 391-81 authoriz- ing the City Clerk to advertise for bids to be opened at 11:00 A.M. on July 29, 1981 for Project 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. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to table the request to advertise for bids on Project No. 7503-6-78 J 4946 S.A.P. 159-090-02 - Bike Path along the West side of Broadway from 9th Street to 12th Street S. W. and alo the north side of 12th Street S. W. to the Zumbro River. More'inform- ation was needed by the Council. Ayes (7), Nays (0). Motion carried. Bluhm moved, Allen second to adopt Resolution No. 392-81 accepting thel Feasibili.ty report and ordered a hearing for August 3, 1981 on Project) No. 5815-81 J 8745 Street Construction on Northern Heights Drive.from North Broadway to 7th Avenue N. E. Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 393-81 adding paragraph (11.5) to Section E of the Passenger Loading Zones as follow! West Center Street, on the North Side, 25 feet more or less, in front of the premises known as 1313 West Center Street, between 6:00 A.M. and 6:00 P.M. Monday through Friday. ( One Stall). Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt Resolution No. 394-81 adding paragraph (42.5) to Section B, No Parking Zones to read as follows: First Avenue S. W. on the West side:for a distance of 20 feet more or less in front of the premises known as 221 1st Avenue S. W. At all times ( Lawler Theatre ) - 1 stall. Ayes (7), Nays (0). Motion carried. Duffy moved, Allen second to adopt Resolution No. 395-81 covering the following: Amend Paragraph (3.5) of Section D, Truck Loading Zones to read: (3.5) South Broadway on the west side from Fourth Street to a point 61 feet more or less south of Fourth Street. 2. Amend Para- graph (1) of Section I, Zone A, 12 Minute Parking Meters, to read: (1) South Broadway on the west side , 20 feet more or less immediately south of Second Street and Third Street and 20 feet more or less north of First Street. Ayes (7), Nays (0). Motion carried. E-21 Solinger moved, Strain second to adopt Resolution No. 396-81 covering the following: Add paragraph (34) to Section E, Passenger Loading Zone! to read: (34) Second Street S. W. on the North side 40 feet more or less in front of the premises known as 111 Third Avenue S. W. (Calvary Episcopal Church ) (2 stalls) (3 minute limit) and'Delete paragraph (77) of Section E, Passenger Loading Zones. Ayes (7), Nays (0). Motion carried. ]47 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Agenda Item E-22 Strain moved, Duffy second to adopt Resolution No. 397-81 awarding the low bid of $10,842.20 submitted by Doyle Conner Company, Rocheste Minnesota for Project No. 7911-1-81 J 2501 Walkway and Landscaping on the City Property adjacent to the Riverside Project. Ayes (7), Nays (0). Motion carried. E-23 Powers moved, Allen second to adopt Resolution No., 398-81 authorizing the Mayor and City Clerk to execute the agreement for the disposal of sludge between the City of Rochester Water Reclamation Plant and the Rochester Airport Company. Ayes (7), Nays (0). Motion carries The Agreement..shall terminate the last day of June, 1983 and the fee shall be $16.00 annually paid by the City. E-24 Duffy moved, Bluhm second to adopt Resolution No. 399-81, 400-81 and 401-81 authorizing the Mayor and City Clerk to execute leases with Ozark, Northwest and Republic Airlines and the Rochester Airport Company retroactive to January 1, 1981. These will be in effect for three years. Ayes (7), Nays (0). Motion carried. E-25 Powers moved, Strain second to approve the request from the Rochester Airport Commission for authorization of payment of $1,695 to Rochester Public Utilities -for the repair of 400 feet of underground cable due to a power outage at the Rochester Municipal Airport. Ayes (7), Nays (0). Motion carried. E-26 Solinger moved, Allen second to adopt Resolution No. 402-81 Relating to Amending the Development Program and Tax Increment Financing Plan for Development District No. 2; Calling for a Public Hearing to be held on August 3, 1981. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 403-81 approving a Resolution of the Public Utility Board approving payment of assess- ment for 1980 with Minnesota Environmental Quality Board in an amount of $11,275.64. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 404-81 approving a Resolution of the Public Utility Board approving payment of assess- ment for 1981 Minnesota Environmental Quality Board in the amount of $12,844.04. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 405-81 approving a Resolution of the Public Utility Board approving payment of assess- ment for'1982 Minnesota Environmental Quality Board in an amount of $14,182.57. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Duffy second to adopt Resolution No. 406-81 approving a Resoltuion of the Public Utility Board approving an Engineering Services Agreement with Architectural Design Group for the North Broadway Power Plant Roof Reconstruction in an amount of $10,250.00 Ayes (7), Nays (0). Motion carried. 1613 16:14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - Jul 7 1g21 Agenda Item F-1 Strain moved, Bluhm second to adopt Resolution No. 407-81 approving. at.resolution of the Public Utility Board approving a Purchase Order of Zinc Polyphosphate (12 tons).with Malco Chemical Company in an amount of $23,760.00 Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Powers second to adopt Resolution No. 408-81 approving a resolution of the Public Utility Board approving a construction contract for Removal of existing and obsolete IBM Substation and transmission lines. This is with Midland Constructors, Inc. for a total of $99,343.00. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Bluhm second to adopt Resolution No. 409-81 approving a resolution of the Public Utility Board approving a contract for furnishing the Silver Lake Plant Cooling tower a fire protection syst( at a cost of not to exceed $55,200.00. This is with Viking Automatic Sprinkler Company. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property to B-4 General Business in Section 9 T 107N R 14W ( Highway 52 Blondel Road) was given its first reading. F-1 An Ordinance Annexing to the City of Rochester, Minnesota land in Section 14, T106N R 14W Olmsted County,Minnesota ( Bishop Property ) was given its first reading. =-1 An Ordinance Rezoning Property to B-4FF General Business Flood Fringe District in Sec. 34, T107 R 14 Witte Truck Company Terminal was given .its second reading. Powers moved, Solinger second to adopt the Ordinance as read. Ayes (6), Nays (0). Alderman Allen abstained. Motion carried. =-1 Strain moved, Duffy second to adopt Resolution No. 410-81 approving an Owner Contract with Hiawatha Children's Home, Inc. for constructior of a watermain and sanitary sewer extension to the Hiawatha Adult Home. Ayes (7), Nays�0). Motion carried. a-1 Strain moved, Allen second to remove the Proposed Assessments on Pro- ject No. 6300-S-80 J 8721 Construct 12" Watermain from 12 Seas Subdivision thru Wood Lake Park First Subdivision from the table. Ayes (7), Nays (0). Motion carried. After discussion by the Council, Powers moved, Allen second to approve the assessment subject to the 4 Pots owned by Paul Passe of 28 30th Street S. E. being deferred for 5 years or until developed whichever occurs first. This is Resolution No. 411-81. Ayes (7), Nays (0). Motion carried. Having no further business, Bluhm moved, Duffy secon to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Information - 7-7-81 1. Meeting minutes fron Standing Committee Meeting 6-15-81 & 6-29-81. Agenda Item t [I RECORD OF OFFICIAL PROCEEDINGS OF 'THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 7, 1981 Information - Cont. 7-7-81. 2. Claim against the City for damages filed by : Bob Boyd and Helen Schwartzhoff- Item ref. to City Attorney. 3. Claim against the City for damages filed by Thomas Marqe - Ref. to City Attorney 4. Receipt of summons on behalf of Joel Burrington and Doncald Dick- man' concerning Rachel `s Rap- Ref. City Attorney 5. Claim against the City for damages filed by Larry Harvey - Ref. City Attorney 6. Claim against the City for damages by Mrs. Herman Preifer - Ref. City Attorney. -A