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Home My WebLink About12-06-1982RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA, _• - Agenda Item A-1 D-1 E-1 E-3 E-4 E-6 E-7 �J Regular Meeting No. 22 - December 6, 1982 -President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Powers, Solinger and Strain. Absent: Alderman Bluhm. Powers moved, Strain second to adopt Resolution No. 533-82 referring the petition for Watermain extension on 3rd Avenue N. W. from 37th Street N. W. to a point approximately 350 feet south to the Public Services Department for the preparation of the feasibility report. Ayes (6), Nays (0). Motion carried. Strain moved, Solinger second to approve the request of Change Order No. 24 for Water Reclamation Plant Construction in the amount of $96,630.72. This brings the total amount of the contract to $53,238,903.78. Thus was submitted from Wallace, Holland, Kastler and Schmitz, Joint Adventure. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 534-82 approvi a variance from the State Fire Marshall's orders for the Soldier's Field Motel and Apartments. Mr. Younge, owner of the motel requested to install automatic sprinkler systems in buildings 1,2 and 3 as an alternate to exterior balconies. Ayes (6), Nays (0). Motion carried. Solinger moved, Duffy second to refer the calculation of Flood Pro- tection Elevation to the Planning and Zoning Commission for review and recommendation of whether the City should consider a change in our present elevation. ( This affects people building in the floodplain ). Ayes (6), Nays (0). Motion carried. Solinger moved, Allen second to approve the following licenses and bonds: Request for a House Moving permit for January 10, 1983 received from Holland B. Roberts. The house will be moved from 215 Second St. N. W. and will be moved to 523 Second St. N. W. Request received from Olmsted Development Achievement Center for their application for a Single Gambling Permit to hold a raffle on March 12, 1983 at the Kahler Hotel. The $10,000 bond requirement has been waived. Request received from the Rochester Marriage Encounter for approval of their application for a Temporary On -Sale Non -Intoxicating Malt Liquor (3.2 Beer ) License for January 29, 1983 at St. Pius X Catholic Church. They also,)request approval of a single dance license. Request received from Cinema III Theatre for a license for the period of December 15, 1982 through December 31, 1982. Ayes (6), Nays (0). Motion carried. Allen moved, Powers second to approve the request received from the North Star Bar, Rochester, Minnesota for a special Sunday Liquor License. Aldermen commented that the North Star Bar would have to serve food on Sunday. A menu was submitted to the City Clerk for the food that would be served on Sunday. Ayes (6), Nays (0). Motion carried. Duffy moved, Allen second to approve the request for an assessment split received for part of Lot 32 ;Aud-itors Plat "A". This was recei vei from Lowell Penz d/b/a Southgate Properties. Ayes (6),Nays (0). Motion ca.rri.ed. r,187o RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 Regular Meeting No. 22.; - December 6, 1982 Powers moved, Duffy second to approve the semi-monthly Accounts Payable ( list attached ) in the amount of $7,833,732.24. The amount of $245,998.27 was withheld from the payments. This was an amount from Adolfson and Peterson, contractor for: :'the West Center Street Parking Ramp. Aldermen were concerned about the condition of the ramp. This ramp was inspected by the Public Services Department and the consultant and did have some construction problems. Aldermen feel that the ramp will have to be repaired and satisfy the consultant and our Public Services Department. When this is done, the bill could be resubmitted for payment. This should be done within a couple of weeks. Ayes.-(6), Nays (0). Motion carried. Duffy moved, Strain second to approve the establishment of a guideline interest rate of 9% to be charged against the unpaid balance of speci, assessment projects, This will apply to subsequent projects - December 6, 1982..Ayes (6), Nays (0). Motion carried. Duffy moved, Strain second to adopt Resolution No. 535-82 approving the award of bids from Adamson's Motors, Rochester, Minnesota. The amount is $$62,874.45. This is for seven sedans -for Police cars. Ayes (6), Nays (0). Motion carried. Strain moved, Powers second to approve the Preliminary Plat of Cordul Commercial Park. Ayes (6), Nays (0). Motion carried. Duffy moved, Allen second to adopt- Resolution No. 536-82 establishin a temporary rate for Saturday parking at the West Center Street Ramp. The charge would be $1.00 for Saturday and will be a temporary rate for a period of six months. Ayes (6), Nays (0).' Motion carried. Duffy moved, Strain second to adopt Resolution No. 537-82 approving Amendment No. 1 to the City of Rochester/ State of Minnesota 1982 Transit Assistance Agreement (# 60757). Ayes (6), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 538-82 approving the Railroad Crossing Agreement for Street reconstruction on 6th Avenue N. W. , 5th to 7th Street N W. Project No. 6306-4-81 J 8728. Ayes (6), Nays (0). Motion carried. Allen moved, Duffy, second to adopt Resolution No. 539-82 approving a change in Section I, (B) of the proposal for Engineering Services Project No. 6920-4-81 J 8765 Basic Construction in Manor Woods 4th Subdivision. The contract is with Ralph Frederickson P.E. Mpls. Mn. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 540-82 and 541-82 declaring the costs to be assessed and ordering a hearing on New Sidewalk Project No. 2 - 1982 - J 8785 N.E. area. The hearing will be January 17, 1983. Ayes (6), Nays. (0). Motion Carried. i I I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 - December 6, 1982 Agenda Item E-18 Strain moved, Allen second to adopt Resolution No. 542-82 setting a hearing for Project No. 6354-81 J 8746 Reconstruction of a Drainage Ditch from 18th Avenue N. W. to 15th Avenue N. W, adjacent to Bel - Air First and Second Subdivision. The hearing will be held on January ,3, 1983. Ayes (6), Nays (0). *Motion carried. E-19 Powers moved, Strain second to adopt Resolution No. 543-82 and 544-82 declaring the costs to be assessed and ordering a: hearing on New Sidewalk Project No. 3 - 1982 J 8786(S.E. and S.W. area ). the date of hearing is January 17, 1983. Ayes (6), Nays (0). Motion carried. E720 Powers moved, Strain second to adopt Resolution No. 545-82 approving a resolution of the Public Utility Board to approve a maternity leave and to preserve the status as a public employee and PERA benefit righ- for Cindy Crom, Customer Service Representative leave of absence from January 1, 1983 to April 1, 1983. Resolution No. 546-82 approving a.Resolution of the Public Utility Board approving an amendment to an engineering service with Bruce A. Kiesch Assoc. for professional services of Well # 29 in the amount of $439.52. 1871 agreement during construe ion Resolution No. 547-82 approving a Resolution of the Public Utility Board approving a depository. for the temporary investment of funds of Rochester Public Utilities within the limits established by the City of Rochester for the term commencing 11-23-82 and endin 12-31- 82 with Minnesota Federal Savings -and Loan. Ayes (6), Nays ?0). Motion carried. E-21 Strain moved, Allen second to reconsider the Action of Riverview West PUD. Upon Roll call vote, Aldermen Allen, Powers, Strain and President Postier voted aye. Ayes (4)., Voting. Nay - Aldermen Duffy, and Solinger. Nays (2). Motion carried. Strain moved, Allen second to reopen the hearing and continue the public hearing on January 3, 1983. Upon discussion by the Council, Alderman Duffy stated that an amendment to the PUD plan should be .filed and not open the hearing. Alderman Solinger questioned the point of order, in reopening a hearing and stated that if we do this for Riverview West, we will be setting a precident and have every developer come in. President Postier stated that he was in favor of reopening the hearing, but would request the developer come to the Committee of the Whole with Itis.plan so that the Council will have this information Upon Roll call vote, Aldermen Allen, Powers; Strain and President Postier voted aye. Ayes (4), Aldermen Duffy and Solinger voted nay. Nays (2). Motion carried. F-1 An Ordinance Relating to Moving Picture Shows and Theatres; estab- lishing that they comply in certain respects with the Uniform Fire Code; Amending the Rochester Code of Ordinances, Sections 110.02 and 110.05 and 110.06 was given its second reading. Allen moved, Strain second to adopt the Ordih ance as read. Ayes (6), Nays (0). Motion Carried. Agenda Item F-1 A-1 B-1 B-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 2=2 - December 6, 1982 Strain moved., Solinger second to adopt Resolution No. 548-82 approvin an Owner contract by McGhie and Betts,.Inc. for the project entitled Sanitary Sewer and Watermain Extension to serve NW HYVEE Site in Parkway Plaza Subdivision and the City enter into an owner agree- ment with Elcor Enterprises, Inc.. Ayes (6), Nays (0). Motion carried. Having no further business, Allen moved, Strain secon.d.to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers Solinger,and Strain. Absent: None. Allen moved, Bluhm second to approve the minutes of the November 15, and 22, 1982 meeting. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed Project 8213- J 8797 Sanitary Sewer and Watermain to serve property between East River Road and T.H. 63 North. Wishing to be heard was Frank Kottschade of 2613 5th Avenue N. W. and presented additional data on the project. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to adopt Resolution No. 549-82 ordering the project to be made. The petitioner ( Frank Kottschade)has agreed to pay 100% the assessment cost. Ayes (7), Nays (0). Motion carried. A Hearing on the Industrial Revenue Bond Financing for United Way of Olmsted County. Wishing to be heard was Shirley Edmonson of .1312 7th St. N. W. and represented United Way. She presented the plan of renovation of Lincoln School and gave the Council names of several agencies which would be housed in Lincoln School. She urged the Council to approve this. President Postier questioned her about the money .that go to individual agencies at this ;;time 'for rent. Would this be recycled back to United Way. ..She stated that the United Way can use the additional dollars to benefit agencies if they place the agencies under one establishment ( Lincoln School) and - yes it would be put toward benefited agencies. After further Council discussion, Duffy moved, Powers second to approve the ; issuance and adopt Resolution No. 550-82. Ayes (7), Nays (0). Motion Carried. A Hearing on the Petition to Change the Zoning District from R-lFF ( Single Family Residential Flood Fringe ) to R-2FF ( Low Density Flood Fringe ) on properties at 15, 19, 23 and 27 13th Street N. W. Wishing to be heard was Robert Nassif of 1448 6th Avenue S. W. he is the petitioner. He urged the Council to approve this. Rex Savage of 6550 Hwy 63 North wished to be heard and stated that this is a good change and urged the Council to approve this petition. Wishing to be heard was Mac Hamilton of.Rochester, Minneso a and urged the Council to approve this petition. Having no one RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1873: CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22, - December 6, 1982 . Agenda Item B-3 else present that wished to be heard, President Postier closed the hearing. Duffy moved, Solinger second to deny the petition. Ayes (7), Nays (0). Motion carried B-4 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to R-2 ( Low Density Residential ) on property at 1801 First Avenue S. W. Wishing to be heard was Jim Carter at 936 28th Street N. W. who petitioned for the change. He urged the Council to approve this. He wants to put two or three 4-plexes on the area of land. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the School District Petition to Vacate the Alley in Bloc 27 of the Original Plat - Coffman Building Block. Having no one present that wished to be heard, President Postier closed the hearing Strain moved, Duffy second to adopt Resolution No. 551-82 vacating the alley. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Petition to vacate the Southerly 110 Feet of the. Public Alley in the Charter House.Block West of Central Park. Wishing to be heard was Dan Schaeffer, representative of Methodist Hospital Charter House. He stated that they have 40 per cent of.the units that will be built sold and urged the Council to approve this vacation. He stated that ground breaking for the Charter House will be January 7, 1983. The Rochester Methodist Hospital will take care of the maintenance of the alley - This is for plowing etc. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 552-82 vacating the alley. Ayes (6), Nays (0). Alderman Duffy abstained. Motion carried. E-2 Strain moved, Duffy second to table the Development Agreement - Zumbro Market Project until December 20, 1982. More information was needed and the parking problems had to be solved. Ayes (7), Nays (0). Motion carried. E-5 No action was taken on the Appl-ication for On -Sale Non -Intoxicating Liquor License requested by Chuck E. Cheese's.Pizza Time Theatre. F-1 An Ordinance Rezoning Certain Property to R-2 ( Low Density Resident- ial) in Lot 4, Block 15, Golden Hill Addition ( Jim Carter property located at 1801 First Ave. S. W.) was given.its first reading. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk 1874 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No.22= - December 6, 1982 Agenda Item Information - 12-6-82 1. Notice of Summons and Complaint - Hal L. and Holly A: Henderson vs Dr. Raymond . and Betty J. Lee and the City of Rochester. Ref. Finance and City Attorney 2. Notice of. Appeal - James C. Marie ,.James D. and Shirley Kocer and Joseph W. Clemens vs City of Rochester - Ref. Finance Department and the City Attorney 3. Letter from Wes Werner, State Fire Marshall - RE: Fifth Avenue Motel 4. Letter from Mamie Bennett RE: Sidewalk on 2nd St. S. W. Ref. City Attorney, Finance and Public Services Dept. I I