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HomeMy WebLinkAbout07-19-1982756 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 5 --July 19. 1982 Agenda Item B-2 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen (arrived at 8:40.P.M.) Bluhm, Duffy, Powers, Solinger, Strain. Absent: None. Bluhm moved, Powers second to approve the minutes of the June 21, and July 6, 1982 meeting. Ayes (6), Nays (0). Motion carried. Hearings on Sidewalk Projects were held when Alderman Allen arrived. A Hearing on the Proposed Project No. 8209 J 8788, Grading and Paving the east/west alley in Block 5, A. W. Kutzky's Addition from 12th to 13th Avenue S. W. Wishing to be heard was Chuck Cole of 803 9th Aveni S. E. and is opposed to this project. He was speaking on behalf of his mother. He stated that the alley needed some refinishing, but not concrete paving. Wishing to'be heard was Ed Fik"sdahl of 1215 2nd St. S. W. is urged the Council to approve the project. He state) that 108 parking spaces are served by this alley. He stated that the businesses use this alley and that he is paying for 6 of the 20 lots out of his own pocket. Having no one else present that wished to be heard, President-Postier closed the hearing. After Council di'scussioi Duffy moved, Strain second to approve the project and adopt Resolutioi No. 332-82. Ayes (5), Nays (1) Alderman Solinger voted nay. Motion carried. A Hearing on the Proposed Assessment on Project No. 6222-4-78A J 8665 Grading and Surfacing, Curb and Gutter, and Watermain in 22nd Street N. E. from 32nd Avenue N. W. to east line of Hendrick's Subdivision. Wishing to be heard was Rudy Kopischke representing 7-Up Bottling Co. of 2222 32nd Avenue N. W. was present :and is;opposed to the assessmei He stated that they did not need this improvement and would be paying for 48% of the total assessment. Wishing to be heard was a represent- ative from New-U1m,,,Mn. speaking on behalf of Star Block Rochester, Minnesota. He is opposed to this. They did not need this improvement, Wishing to be heard was Emil Gauthier of 1210 4th Street N. W. and stated that 22nd Street had been planned before Gauthier Industrii was located in this area. Having no one else present that wished to be heard, President Postier closed the hearirrg.° Strain moved, Powers second to adopt Resolution No. 333-82 approving the assessment. Ayes (6), Nays (0). Motion carried. A Hearing on the Proposed Assessments on Project No. 6320-2-79 J 8705 Basic Improvements in 20th Avenue S. E. abutting'Villa Meadows North of 17th Street S.E. Wishing to be heard was Richard Ehrick, Attorney for Weis Management Co. on property known as Lot 2, Block one, Villa Meadows. Mr. Ehrick stated that he had an appraisal made of the benefit that this project would have created to this Lot 2, Blk one. This appraisal showed that the benefit would have been $17,393.3' and not $34,148.12 which the City assessed this property. Mr. Ehrick reminded the Council that the law has changed so much since the assessment practice was first introduced to the City that the Council t. i I should take a look at that practice. He is opposed to this assessmen RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned'Meeting No. 5 - Julys - July l� 1982 Agenda Item B-1 Harold DeVries, Sidewalk.3 upertntendent stated that when garages are no longer in use, it has been a practice to close the driveway. Aldermen stated that this could be a practice.if an entire street were being reconstructed, or some other major improvement being put in, but they did not think it was appropriate to order Mr. Cashman to close this driveway at this time. Alderman Solinger stated that he looked at the Cashman problem and did not think the blocks needed replacing either. In fact, he thought the blocks in the areas he checked all looked good. He would like a further check on the project to make sure that the blocks that are marked for re- placement were in poor condition and really needed replacing. Having no further discussion by the Council, Duffy moved, Solinger second to adopt Resolution No. 338-82 approving the project, but deleting the driveway at 720 6th Street S.W. ( Mr. Cashman ) and do not remove the two blocks at 1016 8th Avenue S. W. Ayes (7), Nays(0).Motion carried. C-1 Allen moved, Powers second to approve the appointment by the Fire Civil Service Commission of Mark F. Keefe and Thomas W. Junge to the position of Motor Operator effective August'1,1982. The positions were left vacant by the retirement of William Lyke and Lloyd Baker. Ayes (7), Nays (0). Motion carried. C-2 Solinger moved, Strain second to approve the appointment by the Fire Civil Service Commission of Dani.el.Dinneen to the position of Captain in the Fire Department. This position was created upon the retirement f Roger Remington. The effective date is August 8, 1982. Also, ,appoint Russell Clark to the position of Motor: Operator. This was created upon the promotion of Mr. Clark to the position of captain. The effective date is.'August 8, 1982. Ayes (7), Nays (0). Motion carried. C-3 31uhm moved, Solinger second to approve the appointment of Robert L. jerke of 1507 4th Street S. E. to the Housing and Redevelopment uthority. This term will expire June, 1986. He replaces Joseph Wagner oho resigned. Ayes (7), Nays (0). Motion carried. C-4 Strain moved, Solinger second to approve the appointment by.Mayor azama of Willis E. Shellberg of 1711 llth Avenue N. E. to the Down - own Development District Advisory Board. Mr. Shellberg will fill the vacancy created by the resignation of Paul Hanson. Unexpired term ill end December 31, 1982. Ayes (7), Nays (0). Motion carried. C-5 uffy moved, Solinger second to approve the appointment by Mayor azama of Charles D. Harkins of 3818 14th Avenue N. W. to the able TV Advisory Committee. He will fill the vacancy created by the esignation of Tony Padilla- Term ending December 31, 1982. yes (7), Nays (0). Motion carried. C-6 31uhm moved, Strain second to approve the appointment by Mayor Hazama f Evelyn Surface of 362 Elton Hills Drive to the Rochester -Human i hts Commissl�nl . Thjs was Great d by the re i nation f Marlene Wordi �985. �7�, �0). nd the term wiexpire on May, Ayes Nays Motion care 1757 !lman ied. o— 58 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19, 1982 Agenda Item C-7 Solinger moved, Bluhm second to approve the Appointment by Mayor Hazama of Raymond A. Brown 2018 loth Avenue N. E. to the Mayor's Advisory Committee on Alcohol and Drug Abuse. This is created by a vacancy upon a resignation of Kreg Kaufman. Ayes (7), Nays (0). Motion carried. C-8 Powers moved, Strain second to approve the appointment by Mayor Hazama to the following committees: PARK BOARD John Withers, Second Ward - 1834 Walden Lane S..W. Term expires June, 1984. Paul Finseth, Sixth Ward.- 2927 6th Avenue N. W. Term to expire June, 1984. BU1-LDMG_,­,CODE -BOARD 6r,APTEALS,:;::`'George F. Schroeder, 2021 33rd St. N. W.; Scott Broshar, 948 8th Ave. S. E.; Thomas Coleman, 402 31st St. N. E. Term to expire May, 1984. HOUSING BOARD OF APPEALS - Dr. Lee Ann McCaffrey, 2722 5th Avenue N. W., Dr. John C. Brodhun 843 Sierra Lane N. E. - Term to expire April, 1984. LIBRARY BOARD Margaret Thompson 317 6th Avenue S. W.; Faith Reilly, 610 12th Avenue S.W. Term to expire July, 1985. PUBLIC UTILITY BOARD - Roger Toulouse 126 26th Street N. W. Term to expire June, 1986. POLICE CIVIL SERVICE COMMISSION - Richard Mahler, 740 llth Street S. W. - Term to expire April, 1985. Ayes (7), Nays (0). Motion carried. Allen moved, Solinger second to approve the appointment by President Postier to the FIRE CIVIL SERVICE COMMISSION of Loren Woodhouse of 1508 loth Avenue N. E. Term to expire April, 1985. Ayes (7), Nays (0). Motion carried. E-1 Duffy moved, Powers second to approve the Change Order No. 19 and 20 for the work connected with construction of the Water Reclamation Plant. No. 19 is an increase of $80,025.00.Th.is will provide the plant extra ability to run the lift station raw sewage pumps. No. 20 consists of 11 items resulting in an addition of $77,377.00 ( This allows for the use of insulation which has more resistance to physical abuse and less likely to be permanently degraded by wettinc with condensate. Ayes (7), Nays (0). Motion carried. E-2 Powers moved, Allen second to approve the following licenses and bonds: Peterson Blacktop Service request renewal license for Construction Asphalt Sidewalks, Curb and Gutter and Driveways. This expires December 31, 1982. Don Kieffer..dba Kieffer and Company, Inc. Sheboygan Wisconsin request a license to Erect and Maintain Signs in the City of Rochester. The bond and insurance certificates have been received. This is pending department approval. Application for a Single Dance License to be held on July 24, 1982 at the Labor Club at 405 112 South Broadway. Ayes (7), Nays (0). Motion carried. E-3 Strain moved, Allen second to approve the request received from the Disabled American Veterans.- Annual Forget -Me -Not Drive to be held the week of August 1st, 1982. Ayes (7), Nays (0). Motion carried. E-4 Powers moved, Strain second to approve the Accounts payble ( list attached ) semi-monthly in the amount of $889,505.53. Ayes (7), Nays (0). Motion carried. i r �J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1799 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19; 1982 Agenda Item B-4 Mr. Ehrick also presented a l.etter of objection. Wishing to be heard was Tom Dashow of Dashow Realty, Rochester, Minnesota. He objected to Mr,. Ehr.i-ck's objection of the assessment. He stated that their property gets water run-off also, and Lot 2, Block one could build:. on one corner of the property or buy additional land and build on it. He stated that they are.and could be benefited with this project. Wishing to be heard was John Pervin of 1325 Marion Road. He was also opposed to this assessment. He stated that he only had a small.'portioi of assessable frontage. Having discussion by the Council, Alderman Strain questioned if 20th Avenue would ever be extended, and if this would effect Mr Pervin's property. He also wanted an explanation. of the water run-off and the effect to the properties involved. He also stated that a meeting with the gentlemen .that are involved in the assessment project, the Public Service Department personnel , City Attorney and other people should:�discuss­this further at a Committee of the Whole and settle this matter. Wishing to be heard was Jim Shorter of Weis Management Co. and manager of Rochester Villa, ( Lot 2, Block one ) he explained how the buildings were located on the property. Having no one else present that wished to be heard, Duffy moved, Bluhm second to continue this hearing until August 2, 1982 at 7:30 P.M. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Petition to vacate a portion of 3rd Avenue N. W. lying Northerly of the proposed alignment of West River Parkway. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to adopt Resolution No. 334-82 approving the vacation subject to the plat of Parkway Plaza 2nd Subdivision being filed. Ayes (6), Nays (0). Motion B-6 A Hearing on the Petition to vacate the Eastern 10 feet of a public alley between 105 and 113 3rd Street N. W. south of the railroad tracks - immediately north of Central Park. Wishing to be heard was Bob Suk, Attorney from Rochester, Minnesota representing Mr. Walter Mayer and Mr. J.!Grafton Love, Jr. the petitioners. He urged the Coun to approve this. The property is in the process of being sold to the Rochester Methodist Hospital and they are in need of a clear title. The western 8 feet of the original 18 foot wide alley was vacated in 1963. The remaining 10 feet is hereby petitioned to be vacated at this time and is not used as a public right-of-way. Alderman question ed if a revocable permit would suffice, but Mr. Suk stated that only a vacation would give them clear title. Alderman Strain questioned the future extension of 5th Street to Broadway. He stated that at $9.00 a sq. foot would equal $3,600. if the City were to buy back this land that they would be giving away at the present time. Aldermen questioned whether the Rochester Methodist Hospital would be willing to give this property back in the event that a street would be built. Mr. Suk stated that.he could not speak for the Rochester Methodist Hospital ( Mr. Howard West ). Wishing to be heard was Mac Hamilton of Rochester, Minnesota. He stated that the plans for 5th Street expansion had 5 alternatives. Two of the priority plans did not include the area that is petitioned for in the alley. Alderman Allen arrived - 8:40 P.M. Al �800 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19, 1982 Agenda Item B-6 David Rossman, Traffic Engineer stated that this was true that the two priority plans did not include the property in question, however his plan hack not been presented to the Council. Mr. Rossman stated that the general program would not be ready to present before the Council until fall, 1982. Having no one else present that wished to e heard, President Postier closed the hearing. Strain moved, Duffy econd to continue this hearing until August-2, 1982. Aldermen esired more information on the possibility of the Rochester Methodist ospital giving the land back in case the City needed it. Ayes (6), Nays (0). Motion carried. B-1 Hearing on New Sidewalk Project No. l- 1982 J 8784 N. W. was brought ack before the Council. The hearing was closed on the July 6, 1982 ouncil meeting, and vote will be taken at this meeting. Alderman train stated that he would recommend that the area from 20th Street . W. - 18 1/2 Ave.to 19th Ave. N. W. (-:North side ) be deleted from he project. He stated that this had blacktop..on it and there was ittle pedestrian traffic in the area. Harold De Vries, Sidewalk uperintendent stated that this area was a lihk to the Mayo High chool and should have sidewalk. Having no more discussion by the ouncil, Strain moved, Duffy second to delete the North side of 20th treet N. W. from the project and approve the remaining areas. Upon oll call vote, Aldermen Bluhm, Duffy, Solinger, Strain and President ostier voted aye. Ayes (5), Aldermen Allen and Powers voted nay. ays (2). Motion did not carry. When this is a Council initiated roject, 6/7 vote is needed. Allen moved, Powers second to accept he entire':project.: Ayes (2), Aldermen Powers and Allen voting aye. ays '(5), Aldermen B1uhm,Duffy, Solinger, Strain and President Postier oting. nay. Motion did not carry. Strain moved, Duffy second to ccept the project but deleting both sides of 20th Street N. W. from 8 1/2 Avenue to 19th Avenue N. W. Ayes (7), Nays (0). Motion carried nd Resolution accepting the project No. 335-82 was adopted. I Hearing on New Sidewalk Project No. 2 - 1982 J 8785 N. E. The hearing ias closed on July 6, 1982 and vote will be taken at this meeting. Having no further discussion by the Council, Allen moved, Powers second to adopt Resolution No. 336-82 approving the project as presented. Ayes (7); Nays (0). Motion carried. A Hearing on New Sidewalk.Project No. 3 - 1982 J 8786 S.E. & S.W. The hearing was closed on July 6, 1982 and vote -will be taken at this meeting. After idi scussi.on: by : the. Counci 1', .Strain. moved, Solinger second to adopt Resolution No. 337-82 approving the project, but to delete the long side of llth Avenue S.E. Ayes (7), Nays (0). Motion carried. A Hearing on Sidewalk Replacement Project No. 1 - 1982 J 8787. This is the S.W. area. This hearing was closed on July 6, 1982 and vote wil'1 be taken at this meeting. Alderman Duffy was concerned about 1016 8th Avenue S. W. he don't think this walk should be, removed. He also stated that Mr. Cashman's driveway on 6th St. S.W. i �J should be removed. He uses this driveway even tho his garage is closed RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19, 1g82 Agenda Item E-5 Powers moved, Allen second to adopt Resolution No. 339-82 awarding the low bid of $9,720.00 for one year's supply of liquid chlorine in one ton cylinders for the Water Reclamation P1ant,to Jones Chemical Ayes (7), Nays (0). Motion carried. E-6 The request for acg6ision of tax forfeited lands described as the west half of Lots 8 and 9 and Lot 12, Morse and Sargents Addition was held for two weeks. The Planning and Zoning Commission will have to act on this before the Council can proceed. No action was taken. E-7 Illen moved, Duffy second to adopt Resolution No. 340-82 awarding the low bid of $136,631.65 for Project No. 6306-4-81 J 8728 Street Reconstruction on 6th Avenue N.`W. from 5th Street N. W. to 7th Street N. W. to Rochester Sand and Gravel, Inc. Rochester, Minnes Ayes (7), Nays (0). Motion carried. E-8 Powers moved, Solinger second to adopt Resolution No. 341-82 awarding the low bid of $78,603.50 for ProJect No. 8006-Part I, J 8729 "Watertower, Booster Station and Connecting Trunkmains to serve the High Level District Southwest Area, easterly of Trunk Highway No. 52, west of Trunk Highway No. 63, and south of 16th Street and Mayowood Road S. W.; Part I, Trunkline Watermain in 5th Avenue S. W. from the well and booster site to the elevated storage site. This is awarded to Floyd Larson Construction Company, Rochester, Minnesota. Ayes (7), Nays (0). Motion carried. E-9 Bluhm..-:moved, Strain second to adopt Resolution No. 342-82 awarding the low bid of $343,300.00 for Project No. 8006, Part II J 8729. Watertower, Booster Station and Connecting Trunkmains to serve the High Level District Southwest Area, easterly of Trunk Highway No. 52, west of Trunk Highway 63 and south of 16th Street.and Mayowood Road S.W.; Part II - Construction of a 400,000 Gallon Pedestal Spheriod Tower. This is with Chicago Bridge and Iron Company, Chicago, Illinois Ayes (7), Nays (0). Motion carried. E-10 Strain moved, Bluhm second to adopt Resolution No. 343-82 approving a resolution of the Public Utility Board approving Amendment No. 2 - to a,.,purchase-.order agreement with Westinghouse Electric Corp. for field service engineer to supervise the major overhaul of turbine generator-# 3 Unit SLP. The amount will be $35,200.00 Ayes (7), Nays (0). Motion carried. E-11 Bluhm moved, Strain second to approve the change order in the amount o' $1,146.34. This is with Alvin E. Benike, Inc. The change was made because of needed rewiring on a concealed electric service line that was cut during demolition. Ayes (7), Nays (0). Motion carried. E-12 Strain moved, Solinger second to adopt Resolution. No. 344-82 authoriz- ing:the City to enter into the Phase II Agreement and authorizing and directing the Mayor and City Clerk to execute the Phase II Agreement and any documents required by tlTe Phase - II Agreement upon being approve, by the City Attorney. Ayes (7), Nays (0). Motion carried. a. $80�. 802 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19, 1982 Agenda Item Bluhm moved, Strain second to approve the request for an area to allow E-13 Group Performances during .lunch hours of 11:00 A.M. to 2:30 P.M. during the Annual Downtown Sidewalk Sale to be conducted July 29 through July 31, 1982. The area that would be beneficial would be the street area of First Avenue S. W. from mid -block south to the Second Street S. W. opening. Permission to close the 1/2 block of the street during this period is also approved. This would be south to Second Street S. W. from First Avenue S. W. Ayes (7), Nays (0). Motion carried. E-14 Duffy moved, Strain second.to adopt Resolution No. 345-.82 authorizing the conveyance of property located in the southwest quadrant of the intersection of 14th Street and 3rd Avenue N. W. ( Thomas Godsill ) This is in exhange for certain adjacent lands owned by Godsill and upon said deeds being drafted and approved by the City Attorney. The resolution executes a quit claim deed. Ayes (5), Nays (2). Motion carried. President Postier and. -Alderman Allen voted nay. E-15 Allen moved, Powers second to approve a request received for a Hot Fudge Sundae Five and Two -Mile runs. This will -be held on Sept. 26, 19f and starts at 10:00 A. M. and 10:30 A.M. in front of Tinkler's Rest. The route has been approved by the Rochester Police Department. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain Property to B-4 Railroad Property west f K-Mart and east of Broadway was given its second reading. Bluhm oved, Powers second to adopt the Odinance as read. Ayes (5), Nays (2). Aldermen Strain and Duffy voting nay. Motion carried.and the rdinance was adopted. F-1 In Ordinance Rezoning certain proerty to M-2; Property at T.H. 14 and th Street Northwest was given its second reading. Duffy moved, train second to adopt the Ordinance as read. Ayes (7), Nays (0). otion carried. F-1 .. n.Ordinance Rezoning certain property to B-lb located at 2130 East fiver Road was given its second reading. Allen. moved, Bluhm second o adopt the Ordinance as.�read. Ayes (7), Nays (0). Motion carried. H-1 owers moved, Duffy second to approve the Town Clock proposal s submitted by the First National Bank of Rochester. 'The City of ochester will participate in one-half of the expense of renovating he town clock and the construction of a tower on the east side f the 400. block of lst Avenue S. W. The total estimated cost of the roject is $70,767.00 The City of Rochester will retain ownership of th lock and 1st National Bank will assume the responsibility for all aintenance and repairs. Ayes (7), Nays (0). Motion carried. H-2 Allen moved, Strain second to adopt Resolution No. 346-82 approving it feasibility report and ordering a hearing to be held at 7:30 P.M. August 2, 1982 on the Street Improvements on 3rd Street S. W. from st Avenue to 3rd Avenue S. W. Jack Holt; of the Campbell Hotel F i I. Agenda Item H-2 I RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL A 80 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 19, 1982 was present and stated that he gets most of his business from traffic flowing from the north. He stated that he would withdraw any objectior to a one-way street west.i'f the City would provide an adequate loading zone on the north side of the redevelopment and that he would not be assessed for anything that he does not want, need, or desire. He stated that he does not see any benefit to his property. Alderman Strain stated that he did not see any problem with furnishinc a loading zone. President Postier also stated that he did not 'see a problem with the loading zone, but could not support assessing this on a 50/50 basis or any other way other then the usual practice. Mr. Steve Kvenvold presented an approximate cost on the project. It was estimated to be $50,070.00. The City would gain 8 stalls by the diagonal parking. The motion included using the street as a ��so aadY0 wedt• Ayes (7), Nays (0). Motion carried. Res. 347-82 was Having no further business, Alien moved, Powers second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. /-) L,ie Information: - 7-19-82 r 1. Committee of the Whole Meeting Minutes from 5-24-82 and 6-21-82. 2. Notice of Claim from David E. Whited - Ref. to City Attorney's Office and'Finance Department. 3. Letter RE; Rochester Volkswagon, Inc. vs. City of Rochester Ref. to City Attorney's Office and Finance Dept. Notice of Summons - Joanne Linnes vs. Fraser Construction Company McGhie and Betts and the City of Rochester, Minnesota - Ref: City Attorney and Finance Department.