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HomeMy WebLinkAbout04-18-1983RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 - April 18, 1983 Agenda Item A-1 President Postter called the meeting to order at 7:30 P. M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers,Solinger. Absent: Alderman Strain. Allen moved, Bluhm second to approve the minutes of the April 4 and 12, 1983 meetings. Ayes (6), Nays (0). Motion carried. B-1 A Hearing on the Proposed project No. 6303-1-83 J 8808 Sanitary Sewer and Watermain extension plus service connections on 3rd Avenue N. E. from the centerline of 32nd Street N. E. to a point 218 feet north. Wishing to be heard was John Arnold,Rochester, Minnesota , attorney for the North American Realty and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Duffy second to adoO.t Resolution No. 167-83 approving the project. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on the Proposed Assessments on Project No. 7106-80 J 8708 Construction of East Frontage Road T.H. 52 North from Pennington Bus' ino-ss Park 3rd and construction of 22nd Street N. W. from Western Firs Subdivision to East Frontage Road. Having no-one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to adopt Resolution No. 168-83 approving the assess- ments. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Minority Business Enterprise Program for Federally Assisted Mass Transit Projects. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to approve the program and adopt the goal of.0-1/2% ( MBE utilization goals ). Ayes (6), Nays (0). Motion carried. B-4 A Hearing on the Application for the Final Plat of Rolling Greens Fifth. Wishing to be heard was H.E. Payne, 799'�Sierra Lane N. E. Rochester, and urged the Council to approve the plat without the ROW conditions. He stated that this would require 1/2 of his sub- division for an indefinite time for unknown conditions. This is potentially needed for future reconstruction of the frontage road between 33rd and 37th Streets N. W. Mr. Payne stated that they are filling to work with the City to accomodate situations, but he wants the opportunity to work with someone rather than give up the ROW for 1/2 of his subdivision. Having no one else present that wishes to be Bard, President Postier closed the hearing -Allen moved, Bluhm second to table this. Mr. Payne will work with the Public,Services.Dept. �nd discuss this matter with the Committee of the Whole. Ayes (6), ays (0) Motion carried. B-5 Hearing on the Application for the Final Plat of Shadow Run First ubdivision. Wishing to be heard was Darrell Walberg of 404 24th treet S. W. He wanted to know if this was the same plat as the reliminary.plat. President Postier stated that it was. Having no ne else present that wished to be heard, President Postier closed the Baring. Solinger moved, Duffy second to adopt Resolution No. 169-83 1959 � roving the plat subject to the following conditions. 1. Record i h the p at the road and utility easement for County parcel; . Build drainageway to City standards. Ayes (6), Nays (0). Motion carried 1960 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-1 E-2 E-3:b E-4 E-5 E-6 E-7 E-9 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 - April 18, 1983 Duffy moved, Solinger second to approve the Change Order No. 25 for the Water Reclamation Plant Construction which consists of 20 items for a net increase of $63,916.34. Ayes(6), Nays (0). Motion carried. Bluhm moved, Allen second to instruct the City Attorney to prepare an Amendment to the Human Rights Ordinance allowing the City Attorney to institute a civil action in District Court on behalf of any City resident aggrieved by a violation of the Ordinance. Ayes (6), Nays (0). Motion carried. Allen moved to.r.-eestablish a hearing on the request of Harleth Swanson of 3415 7th Street N. W. Mr. Swanson stated that he did not receive the Final Notice of his assessment ( bill ) thus he did not pay the assessment when it was due. Mr. Swanson stated that he did not have any knowledge of this until he received his tax statement and the amount was put on that statement. He wanted the Council to allow him to pay this in full and not have the interest charged for the period of time that he'did not know the amount. Having no second to the motion, no action was taken by the Council. Powers moved, Duffy second to approve the use of $25,000. of existing CDBG program income to have Bond Counsel prepare a set of standard leg documents and the required guarantee that each approved project meets the requirements of Industrial Revenue Bond Financing. Ayes (5), Nays (1). Alderman Solinger voting nay. Motion carried. Powers moved, Duffy second to approve the Accounts Payable (list attached ),semi-monthly in the amount of $903,914.92. Ayes (6) Nays (0). Motion carried. Bluhm moved, Allen second to adopt Resolution No. 170-83 authorizing an additional person of Bruce Atkinson, Finance Department to be included to access the Safe Deposit Boxes. Paul Utesch, and Ann Easley were previously the only two persons with keys. Ayes (6), Nays (0). Motion carried. Bluhm moved, Powers second to adopt Resolution No. 171-83 authorizing the City Clerk to advertise for bids to be opened at 9:00 A.M. on April 29, 1983 for one sub -compact sedan to be used by the Public Services Department. Ayes (6), Nays (0). Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 172-83 approving the 1983 collective bargaining agreement with the Rochester Inspector Association. The agreement calls for: 1. one year agreement which Provides for 5% (1982 base) wage increase 1-1-83 and 2% (1982 base ) wage increase 7-1-83. 2. Safety Shoe allowance $40.00. 3. Vacation schedule revised. Ayes (6), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 173-83 approving a collective bargaining agreement with the Local 949 of the IBEW which represents the office and clerical employees at the Public Utilities. This calls for 1. One year agreement which provides for a 6% wage increase 1-1-83. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1961 I CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 - April 18, 1983 Agenda Item E-10 Duffy moved, Allen second to authorize the staff to prepare and submi the CDBG Application No. B-83-MC-27-005 Proposed Statement of Community Development Objectives and Projected Use of Funds and autho ize the Mayor to execute the City's 1983 CDBG application. Ayes (6), Nays (0).Motion carried. E-11 Solinger moved, Allen second to approve the Application for the Pre- liminary Plat of Northern Slopes Fourth subject to the following: 1. The basic road construction must include paving Northern'Valley Road from 30th Street to the north line of Northern Slopes Fourth. Ayes (6), Nays (0). Motion carried. E-12 Allen moved, Powers second to table the Application for the Preliminar, Plat of the Harborage Subdivision for further discussion by the Committee of the Whole. Ayes (6), Nays (0).Motion carried. E-13 Bluhm moved, Duffy second to approve the Application for the Prelimin- ary Plat of Campus Village III Subdivision with the following conditions: 1. Removed Parking from the Right-of-way on Village Court S. E.; 2. Provided additional drainage outlets on the inner side of South Village Circle; 3. Extended the utility easement into east side of Lot 32, Block 1. Ayes (6),Nays (0).Motion carried. E-14 Duffy moved, Bluhm second to adopt Resolution No. 174-83 approving the setting a date for a public hearing on June 6, 1983 at 7:30 P.M. n the petition to vacate the West 5' of the 10' Utility Easement along he East side of Lot 7, Block 3, Sunrise Estates Third Subdivision. yes (6),Nays (0). Motion carried. E-15 owers moved, Solinger second to adopt Resolution No. 175-83 approving he setting a date for a public hearing on June 6, 1983 at 7:30 P.M. or the petition to Vacate a Portion of the Frontage Road and Utility asements as Originally platted in Program Park First Subdivision and ecently replatted in Cordul Commercial Park. Ayes .(6), Nays (0). otion carried. E-16 uffy moved, Allen second to adopt Resolution No. 176-83 approving he setting a date for a public hearing on June 6, 1983 at 7:30 P.M. or the Petition to vacate the public alleys as platted in Block 4 f Head and McMahon';s Addition - Block between 4th and 5th Avenues .W. and 5 th and 6 th Streets S. W. Ayes (6), Nays (0). Motion tarried. E-17 31uhm moved, Powers second to adopt Resolution No. 177-83 approving n Owners contract with Yaggy Associates, Inc. to perform Basic onstruction in Baihly Woodland Third Subdivision Project No. 8306-3- 3 J 8809. Ayes (6), Nays (0). Motion carried. E-18 31uhm moved, Solinger second to adopt Resolution No. 178-83 approving n Owners contract with Yaggy Associates, Inc. to -perform Basic onstruction,in Campus Village Subdivision III - Project 7806-3-83 8816. Aves r64) Nays (0). Motion carried. Fr- 1962 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-19 E-20 E-21 E-23 E-24 E-25 E-26 E-27 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 - April 18, 1983 Duffy moved, Allen second to adopt Resolution No. 179-83 approving an owner:;contract with Yaggy Associates, Inc. for engineering servic on Project No. 8201 Phase I J 8775 Cordul Commercial Park Phase I; Basic construction on that segment of the frontage road in Cordul Commercial Park abutting the proposed Menard's lot ( Lot 2, Block 4) Ayes (6), Nays (0). Motion carried. Bluhm moved, Allen second to adopt Resolution No. 180-83 approving an owner.:contract with Metro Development Corporation with Enginerring work to be sub -contracted to Warren J. Israelson, RPE for engineering services on Project No. 8305 J 8807 - Street Construction, Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer Watermain and Service Connections in Evergreen Garden's PUD. Ayes (6), Nays (0). Motion carried. Solinger moved, Allen second to adopt Resolution No. 181-83 approving an Eng-ineering owner contract with McGhie and Betts, Inc. for basic construction on Project No. 6354-4-77 J 8599 in BelAi.r 4th-Subdivisior Ayes (6), Nays (0). Motion carried. Bluhm moved, Allen second to adopt Resolution No. 182-83 setting a hearing date for May 16, 1983 at 7:30 P.M. on Project No. 6300- N-83 J 8817 Sanitary Sewer Ext. along the East side of T.H. 63 to serve the north 350 feet of the Rochester Sand and Gravel Parcel located in the W 1/2 S.W. 1/4 Sec. 24, T107N R14W. Ayes (6), Nays (0). Motion Carried. Duffy moved, Allen second to adopt Resolution No. 183-83 amending the Parking Ordinance as follows: Amend Paragraph (118.5) of Section B, No Parking Zones (118.5) - Fifth Street S. W. on the North Side from 4th Avenue to 6th Avenue &nd on the south side from 6th Avenue to 7th Avenue between 7:30 A.M. and 5:30 P.M. Monday thru Friday. Ayes (6), Nays (0). Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 184-83 amending the Parking Ordinance as follows: Add Paragraph (25) to Section D Truck Loading Zones as follows (25) Third Avenue Southwest on the East side, 40 feet more or less, in front of the premises known as 412 3rd Avenue S. W. ( 2 stalls ). Ayes (6), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 185-83 authoriz- ing the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 11, 1983 for J 6338 Traffic Signal Modification at 1st Avenue and 4th Street S. W. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 186-83 authorizi the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 11, 1983 for J 2118 Traffic Signal Modofication at 7th Street and llth Avenue N. W. Ayes (6), Nays (0). Motion carried. i L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1963 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 - April 18, 1983 Agenda Item E=28-Sol-inger.moved, Powers second to adopt Resolution No. 187-83 awardinc the low bid of Fraser Construction Company, Rochester, Minnesota for the bid of $26,169.50 on Project No. 8209 J 8788 Grading and Paving the East-West Alley in Block 5 A. W. Kitzky's Addition from 12th Avenue to 13th Avenue S. W. Ayes (6), Nays (0). Motion carried. E-29 Powers moved, Bluhm second to adopt Resolution No. 188-83 and 189-83 declaring the cost to be assessed and ordering a hearing to be held on May 16, 1983 on Project No. 6306-4-81 J 8728 Street Improvements in 6th Avenue N. W. from 5th Street N. W. to 7th Street N. W. Ayes (6), Nays (0).Motion carried. E-30 Allen moved, Solinger second to adopt Resolution No. 190-83 approving a resolution of the Public Utility Board to approve purchasing cab'i,e and conductors as per specs. -'with Crescent E-le,. Supply-$18,347.65: Resolution No. 191-83 approving the.purchase of cable and conductors as per specifications and bid opening of 4-5-83 in the amount of $24,536.20. This was an-a.greement with Hendrix Wire and Cable Company. Resolution No. 192-83 approving a resolution of the Public -Utility. Board to purchase cable and conductor per specifications with Burmeister Electric Company in the amount of $15,815.58. Ayes (6), Nays (0). Motion carried. E-31 Bluhm moved, Allen second to adopt the following licenses.and bonds: Request for Sewer and Drain license received from David P. Brooks, Rochester, Minnesota. The period will end December 31, 1983. The bond has been submitted. Application received from Jeffrey Overkamp Altura, Minnesota for a Master Plumbers License for a term ending December 31, 1983. The bonds and insurance certificates have been submitted. The following renewal cigarette license applications have been received: Worldwide Foods and Imports - 125 1st Avenue N. W. Primarily Pizza - 114 South Broadway - Eastwood Golf Course - Skyline Drive.S. E. - Moose Lodge at 915 21st Avenue S: E. - Hillcres Drug and Gift - 1642 North Hwy 52. -Ayes (6), Nays (0): Motion carried. E-32 Solinger moved, Allen second to approve the request received from the Veterans of Foreign Wars Posts 429 and 1215 for their annual Buddy Poppy sale on May 20 and 21, 1983. Ayes (6), Nays (0). Motion carried. They also plan to sell poppy cards to businesses on May 1,19 3. i F-1 An Ordinance Relating to the Human Rights Ordinance for the City of Rochester; amending Chapter 80 of the Rochester Code of Ordiances by Amending Section 80.11 and adding sections 80.18 and 80.19 was given its first reading. F-1 An Ordinance Rezoning to R-2 Lot 6, Block 8, Golden Hill Addition was given its second reading. Bluhm moved, Allen second to adopt the Ordinance as read-. Ayes (6), Nays (0). Motion carried. r1964 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 G-1 G-2 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 35 -April 18, 1983 An Ordinance Relating to Bingo ; providing for issuance of a single occasion bingo license; amending Rochester Code of Ordinances, Chapt. 101 by adding a section was given its second reading. Bluhm moved, Duffy second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Relating to Bowling Lanes; providing for a license to operate bowling lanes; providing for fees; amending RCO Sections 102. O1 and 102.03 was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read..Ayes (6), Nays (0). Motion carried. An Ordinance Creating a PUD-R-67 - Elton Ridge Project was given its second reading. Powers moved, Bluhm second to approve the Ordinance. Ayes (4), Nays (2). Alderman Duffy and Solinger voting nay. Powers moved, Allen second to reconsider the motion.A,.es (6), Nays (0). Motion carried. Allen moved, Bluhm second to table this for full Council. Ayes (6), Nays (0). Motion carried. Allen moved, -Powers second to adopt Resolution No. 193-83 to terminat an existing agreement with Independent School District 535 to provide for fuel oil storage for the District in City tank at Cascade Turbine facility. Ayes (6), Nays (0). Motion carried. Powers moved, Bluhm second to adopt Resolution No. 194-83 approving owner contract for Basic construction in Meadow Hills First Sub. prepared by Yaggy and Associates, Inc. ( Meadow Hills, Inc. and Shamrock Enterprises--). Ayes (6), Nays (0). Motion carried. Powers moved, Bluhm second to adopt Resolution No. 195-83 approving that the City enter into a lease with the'State of Minnesota to provide the State of Minnesota Pollution Control Agency with space by the Rochester Public Library to maintain air quality monitoring equip ment. Ayes (6), Nays (0). Motion carried. Bluhm moved, Solinger second to remove the Industrial Revenue Bond Financing application/Rochester Meats, Inc. from the table. Ayes (6) Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 196-83 setting a hearing date for May 16, 1983 at 7:30 P.M. to consider this application. Ayes (6), Nays (0). Motion carrie Powers moved, Duffy second to remove the. Award of the bids for breath apparatus from the table. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 197-83 to accep the recommendation of the Fire Department and accept the bid of Mid Central for Scott Units with the optional automatic shut-off valves and (35 ) extra air tanks for a total amount of $40,747.76 ( This includes the 3% discount for payment within 7 days ). This bid was accepted because of reasons of safety as provided by the Rochester Fire Department and for things not supplied by other manufacturers. Ayes (6), Nays (0). Motion carried. N L_ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL J,9(; y CITY OF ROCHESTER, MINNESOTA Ad-iourned Meeting No 35 - April 18, 1983 Agenda Item G-3 Bluhm moved, Allen second to remove the Traffic Light at llth Avenue and West Center from the table. Ayes (6), Nays (0). Motion carried. President Postier questioned Mr. Rossman of the Traffic Department why we can't use the old equipment to keep the stop light. Mr. Ross - man stated that this old signal. is actuated for each intersection. He would prefer to have a signal that would have the green light on llth Avenue and when a pedestrian wants to cross they would push a button and the light would change. The traffic would flow better and the maintenance would be less with a new signal. After discussion by the Council Alderman Duffy stated that he could support the keeping of the present signal, but not a new one. Having no more discussion, Bluhm moved, Duffy second to replace the system with the present traffic signal but include the piping when building the street so that if and when a new signal is installed the ground work will be inplace. Ayes (6), Nays (0). Motion carried: G-4 Allen moved, Powers second to remove the request for a Final Plat ( formerly known as Western Fifth ) presently known as Cimarron Final Plat submitted by Robert DeWitz.from the table. Ayes (6), Nays (0). Motion carried. A Question had been brought before the Council on the payment of an assessment. Mr. Robert DeWitz , who was present,'stated that the problem had been worked out and that the developer would pay half and the other half will be paid for by the church involved. Having no more discussion, Allen moved, Bluhm second to adopt Resolution No. 198-83 approving the plat. Ayes (6),Nays (0). Motion carried. F-1:. Allen moved, Powers second to adopt Resolution No. 199-83 approving an owner contract for Basic Construction in Cimarron Subdivision ( Western Walls, Inc. ) by McGhie and Betts, Inc.. Ayes (6), Nays (0). Motion carried. E-22 Allen moved, Bluhm second to adopt Resolution No. 200-83 and 201-83 accepting the project and ordering a public hearing to be held on May 16,1983 for Project No. 7802-5-83A J 8818 - Street Construction .. Concrete Curb and Gutter, Watermain , Storm Sewer and Service Conn. stubbed into the boulevard in 19th Avenue N. W. from 45th Lane N. W. to the North Line of Lot 4, Block 5, Cimarron Subdivision. Ayes (6), Nays (0). 1 tion carried. Re olution No. 202-83 sets'the bids to be opened at I:00 A.M. on May 6, 1983. H-1 Allen moved, Bluhm second to approve the staff to recommend the use of CD or Tax Increment funds on the Commercial Rehabilitiation Loan Program. The Council has given staff the flexibility to work out the best use. Ayes (6), Nays (0). Motion carried. Having no further business, Duffy moved, Allen second to adjourn the meeting. Ayes (6), Nays (0). Motion carried. f Information 4-18-83 i y Cler Z: koTmitteF the whole eetAing minutes 4-4-83 and 4-11-83. aim - eanet e urPphy -He Attorney and inance Dept. 3. Notice of Claim -Steven Benson - Ref. Attorney and Finance Dept.