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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA '
Regular Meeting #10, September 7, 1983
Agenda
Item
A-1 President Postier called the meeting to order•at 2:00 P.M:, the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers and Strain; Alderman Solinger arrived at 2:10 P.r
Absent: None.
Powers moved, Bluhm second to -approve the minutes of -the August 1, 8,
and 15, 1983, meetings. Ayes (6), Nays (0). Motion carried.
E-1 Bluhm moved, Allen second to approve the purchase of a new T.O.C.
Analyzer for use at the Water REclamation Plant to analyze the strengi
of industrial wastes for the purpose of establishing the fee to be
charged to an industry. Ayes (6), Nays (0). Motion carried.
E-2 Powers moved, Duffy second to table consideration.of ethe initiation
of eminent domain proceedings for West River Roadway R.O.W. acquisi-
tion until the evening meeting. Ayes (6), Nays (0). Motion carried.
E-3 Powers moved, Duffy second to approve change order #29 in the amount
of $61,226.25, and change order #30 in the amount of $81,677.69,
associated with construction of the new Water Reclamation Plant. Wit}
the approval of these change orders, there remains $155,000 in the
Contingency Account for this project; two•additional change orders ar(
anticipated. Ayes (6), Nays (0). Motion carried. Alderman Solinger
arrived at 2:10 P.M.
E-4 Powers moved, Allen second to deny the request of Metro Development
Corporation to delete a portion of the watermain extension to the
north limits of their Soldiers •Field Plaza property from their owner
contract with the City. Ayes (7), Nays (0). Motion carried.
E-5 Bluhm moved, Strain second to approve the following licenses and bond!
Request_of Custom Plumbing and Heating, Rochester, for a Master
Plumber's License for the period ending December 31, 1983. The fee
has been paid, bond obtained and department approvals obtained;
Rochester Police Department request for a Single Dance License for
September 23, 19.83:, for the annual Policeman's Ball at the Mayo Civic
Auditorium. The fee has been paid and department approvals obtained;
Trim Line of Southern Minnesota, Rochester, request for a License to
Erect and Maintain Signs in the City of Rochester for the period
ending December 31, 1983:. The fee has been paid, departmental approve
obtained, approval pending receipt of the required bond; Ronald Vikr(
Harmony, request for an,Auctioneer's •License for the period ending
December 31, 1983.. The required fee and departmental approvals have
been obtained, approval pending receipt of required bond; Richard
Cummings, Cresco, Iowa, request for an Auctioneer's License for the
period ending.December 31, 1983. The required fee and departmental
approvals have been obtained, approval pending receipt of the
required bond; St. Francis Church request for a Temporary On -Sale
Malt Liquor (3.2 beer) License for Octoberfest Celebration at the
St. Francis Church. The required fee has been paid, approval pending
departmental approvals; Conrad Odegarden, Total Plumbing and Heating,
Inc., Rochester, request for a Master Plumber's License for the
period ending December 31, 1983. The fee has been paid and bond.
secured, approval pending departmental approvals; Building Services,
.s
2054 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting #10, September 7. 1983
Agenda
Item
Inc%,.Rochester, request for a Master Plumber's License for the
period ending December 31,.1983. The required fee has been paid,
bonding and insurance certificates secured, approval pending depart-
mental approvals; Rochester Single and Solo Parents Club of Rochester
request for a Single Dance License for the Union Hall at 4 Fourth
Street S.W. for October 8, 1983. The required fee and departmental
approvals have been obtained; Bentley Brothers Circus request to
conduct a circus at the Olmsted County Fairgrounds, September 12-14,
1983. The required fee and departmental approvals. have been obtained;
Russell F. Clark, Rochester, request for:.a_Cement Sidewalks, Curbs,
Gutters and Driveways License for the period ending December 31, 1983.
The required fee has been paid, bond obtained and department approvals
obtained. Ayes (7), Nays (0). Motion carried.
E-6 Sokinger moved, Strain second to approve the issuance of an On -Sale
Intoxicating Liquor License to Thomas Hockert and Patricia Fleming,
owners of the Los Robles Restaurant, 6 First Avenue N.W. Ayes (6),
Nays_(1). Alderman Allen voting nay. Motion carried.
E-7. Powers moved, Allen second to approve the annual John Marshall High
School Homecoming Parade on October 14, 1983, from 4:00 to 5:00 P.M.
Ayes (7), Nayes (0). Motion carried.
E-8 Strain moved, Powers second to approve the. request from David M.
Pennington for an assessment split on Pennington Business Park Fourth
and also on the metes and bounds south of Tom's Pontiac and referring
this matter to the Public Services Department for calculation. Ayes
(7), Nays (0). Motion carried.
E-9 Duffy moved, Strain second to approve the Accounts Payable (semi-
onthly) list attached in the amount of $840,449.12. Ayes (7), Nays
(0). Motion carried.
E-10 Bluhm moved, Strain second to instruct the City Attorney to prepare
an ordinance annexing 1.07 acres of vacant land east of Wilshire Drive
long the future extension of 19th Street N..E. Ayes (7), Nays (0).
Motion carried.
E-11 Bluhm moved, Strain second to adopt Resolution No. 528-83 authorizing
he temporary closure of 2nd Avenue N..W. from 2nd Street to 3rd Street
N.W. in conjunction with construction of Charter House, subject to:
1) a monthly fee of $250.00 and 2) M.A. Mortenson to fence the area
and provide warning lights. Ayes (6), Nays .(0). Alderman Duffy
bbtained. Motion carried.
E-12 Bluhm moved, Allen second to adopt Resolution No. 529-83 approving a
proposal by McGhie $ Betts, Inc, to perform engineering services for
Project No. 8314 (J883S) Basic construction.in Parkview Second Subdivi
ion. Ayes (7), Nayes (0). Motion carried.
E-13 Solinger moved, Bluhm second to adopt Resolution No. 529A-83 abandonin
Project No. 8303 (J8804) Sanitary sewer extension to serve.Meadow Hill.
First Subdivision. This project has been installed as part of Project
o. 8304 (J8806).Basic construction in Shadow Run First Subdivision.
Ayes (7), Nays.(0). Motion carried.
I.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 205*5
CITY OF ROCHESTER, MINNESOTA
Regular Meeting #10, September 7, 1983
Agenda
Item
E-14 Duffy moved,.Strain second to authorize the transfer of $20,000 from
J8521 (replacement of deteriorated curb at various locations) to J2123
(renovation of existing catch basins in the City's storm sewer system).
Ayes (7), Nays.;(0). Motion carried.
E-15 Strain moved,, Allen second to adopt Resolution No. 529B-83 ordering
the project to be made -and authorizing the City Clerk to advertise f
bids for construction of a parking lot at the Old Waterworks Site on
4th Street S.E. Ayes (7),�Nays (0). Motion carried.
E-16 Duffy moved, Strain second to adopt Resolution No..:530-83 awarding thf
low bid of Fraser Construction Co, of $19,664.00 on Project No. 7503-
10-83 (J4946) Bikepath along the Zumbro River under the 16th Street
S.W. bridge. Ayes (7), Nays (0). Motion carried.
E-17 Withdrawn. This item is included in B-6-
E-18 Duffy moved, Allen second to approve the addition.of a new owner,
James Trushenski, and the change in name to the Jury Room Restaurant
& Lounge for the Non -Intoxicating Malt Liquor (3.2 beer) License
presently held at'the Supreme Court, 2901 Pennington Court N.W.
Mr. Trushenski-would be co-ower along with Ted and Randy Reynolds who
currently hold the license. Ayes (7), Nays (0). Motion carried.
E-19 Allen moved, Strain second to approve the application of the Episcopal
Diocese of Minnesota for a Religious -Procession on October 30, 1983,
subject to police approval. Ayes (7), Nays (0). Motion carried.
E-20
Powers moved, Bluhm second to approve the Rochester Knights of
Columbus Marathon and Parade for Non -Public Education, October 1, 1983
subject to police approval. Ayes (7), Nays (0). Motion carried.
E-21
Duffy moved, Allen second to adopt Resolution No. 531-83 terminating
the existing lease between the City and Olmsted County on the Water
Works building and site effective September 7, 1983. Ayes (7),
Nays (0), Motion carried.
F-1
An Ordinance annexing 1.07 acres of unplatted land situated south of
Northern Heights Eighth Subdivision in Haverhill Township to the City
of Rochester was given its first reading. =Allen moved, Strain second
to suspend the rules and give the Ordinance a second reading. Upon
Roll Call vote, Aldermen Allen, Bluhm, Duffy, Powers, Solinger, Strain
and President Postier voted aye. Ayes (7), Nays (0). Motion carried
and the Ordinance was given its second reading. Strain moved, Bluhm
second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
F-2
An Ordinance rezoning certain property west of T.H. 52 and North of
55th Street and amending Ordinance No. 1659, known as the Zoning
Ordinance of the City of Rochester, Minnesota, was given its second
reading. ,Strain moved, Bluhm second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
2056
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting #10, September 7, 1983
Agenda
Item
F-3 Allen moved, Powers second to adopt Resolution No. 532-83 approving an
owner contract between Meadow Hills, Inc. and Shamrock Enterprises for
basic construction in Meadow Hills Second Subdivision. Ayes (7), Nays
(0). Motion carried.
F-3 Allen.moved,_Strain second to adopt Resolution No.. 533-83 approving an
owner contract between Payne Company and Fraser Construction Company
for basic construction in Northern Hills East First Subdivision.
Ayes (7),.Nays.(0). Motion carried.
F-3 Bluhm moved,,Duffy second to adopt Resolution No. 534-83 approving an
owner contract between Younge Companies and Elliott Construction
Company for watermain construction in Woodhaven Fourth Subdivision.
yes (7), Nays (0). Motion carried.
G-1 Duffy moved, Strain second to remove from the table a request for a
crossing guard at 7th Avenue and 6th Street S.W. Ayes (7), Nays (0).
Motion carried. Allen moved, Strain second to deny the request for a
school crossing guard at the intersection of 7th Avenue and 6th Street
S.W-. for the 1983-84 school year and instructing the City Administrato.
o send a letter to the School Board stating such. Ayes (7), Nays..(0)
Motion carried.
G-2 Bluhm moved, Duffy second to remove from the table an application for
he preliminary plat of Meadow Hills Second Subdivision. Ayes (7),
ays (0). Motion carried. This item had been tabled until annexation
proceedings were completed. Allen moved, Bluhm second to approve the
pplication for the preliminary plat of Meadow Hills Second Subdivisiol
involving a portion of land north of 25th Street S.W. and south of
lrich's Orchard. Ayes (7), Nays (0). Motion carried.
aving no further business, Solinger moved, Allen second to adjourn
he meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried.
A-1 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.
B-1 N Hearing on proposed IDR Bond Financing for 400 South Broadway
Limited Partnership. ,Wishing to be heard.was Howard Bergerud,
eveloper for the project. He stated that they plan to acquire the
iverside Building and make improvements to the.mall, including land-
caping, redoing the atrium and exhaust systems, some mechanical and
lectrical work.and retheme the interior of the mall. They are
requesting $1,600,000 in.IDR Bond financing, which will be adequate to
omplete the entire project; $750,000 will go to refund the out-
tanding bond issue on the project. The estimated market value of the
roject upon completion would be $3.8 - 4.0 million. Estimated com-
letion of the project is 12-14 months. The lead tenant of the project
ould be Alfredo's Restaurant. Mr. Bergerud also stated that they
fully intend to pay all contractor's for the project. .Also wishing to
e heard was Gordon Schutte, owner and operator of Alfredo's Restaurani
e stated that they plan to begin construction as soon as the project
is approved and hope to open for business in 3-4 months. Having
1
Agenda
Item
B- 2
B-3
B-4
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. ���
CITY OF ROCHESTER, MINNESOTA
Regular Meeting #10, September 7, 1983
no one else present wishing to be heard, President Postier closed the
hearing. Duffy moved, Strain second to adopt Resolution No. 535-83
approving the issuance of IDR Bond financing for the 400 South Broad-
way Limited Partnership. Ayes (7), Nays (0). Motion carried.
A Hearing on the application for Planned Unit Development (Final Plan)
to be known as Lakeview Homes: Wishing to be heard was Don Borcherdin
Yaggy Associates, who requested that the 1st and 2nd reading of the
Ordinance.be given at the same time.. Having no one else wishing to be
heard, President Postier closed the hearing. Powers moved, Duffy
second to adopt Resolution No. 536-83 approving the final plan. Ayes
(7), Nays (0). Motion carried.
A Hearing on the application for Planned Unit Development (Final Plan)
to be known as Ads & Arts, Inc. Having no one present wishing to be
heard, President Postier closed the hearing: Solinger moved, Strain
second to adopt Resolution No. 537-83 approving the final plan. Ayes
(7), Nays (0). Motion carried.
A Hearing on local. improvement Project No. 6303-4-79 (J2114) Construc-
tion of West River Road from Elton Hills Drive to 41st Street N.W.
Wishing to be heard was Rick Hexum, Elcor Enterprises, who requested
that the hearing be tabled and -this matter further discussed at a
Committee of the Whole meeting. They are the largest landowner to be.
assessed and there seems to be a.misunderstanding on how the project
is to be funded. Powers moved, Allen second to continue this hearing
and refer the matter to the Committee of the Whole meeting. Ayes.(7):;
Nays (0). Motion carried.
A hearing on local improvement Project No. 6241-4-79 IJ2126) Grading
and surfacing, curb and gutter, sanitary sewer and -sewer and water
service connection -in 41st Street N.W. from Summit Square Manor to -
West River Road. Wishing to be heard was Ervin Walth; 1024 21st
Street N.E. who stated that he already had sewer and water service to
his property and has been assessed for such and he will not get any
benefit.from this project. He did not object to the street assessment
just the sanitary sewer assessments. Roger Plumb replied that with
Mr. W,alth's assurance that he would not request sanitary sewer service
to this property from 41st Street in the future, the sanitary sewer
could be stubbed out to the boulevard and not be connected to the Walt
property. The property in question is zoned commercial and could be
served from 40th Street. After discussion, Duffy moved, Powers second
to adopt Resolution No..538-83 ordering the project to be made with th
deletion of the sanitary sewer service to the Walth property. Ayes
(7), Nays (0). Motion carried.
B-6 A hearing on proposed assessment Project No. 6331-4-80 (J8740 & 8750)
Grading, surfacing, sewer and watermain in 31st Avenue N.W. from 43rd
Street to 48th Street N.W. Having no one present wishing to be heard,
President Postier closed the hearing. Solinger moved, Strain second
to adopt Resolution No. 539-83 adopting the proposed assessments.
yes (7), Nays (0). Motion carried.
20519 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting:#10, September 7, 1983
Agenda
Item
B-7 A hearing on the application for final plat of Elton Ridge First Repla
Having no one present wishing to be heard, President Postier closed
the hearing. Allen moved, Powers second to adopt Resolution No. 540-8
approving the plat. Ayes (6), Nays (1). Alderman Duffy voting nay.
Motion carried.
B-8 A hearing on the application for..final plat of Glendale Subdivision.
Wishing to be heard was Bob Gill, 2577 North Ridge Lane, co-owner of
of the plat, who was present to answer any questions. Wishing to be
heard was Elaine Cross, Rocky Creek Estates, who questioned what type
of development could occur.in this area. Ron Bailey replied that a
portion is zone R-1, which is single family residences, the remainder
is R-2 and R-3, which could include 4-plexes and multiple unit
residences. Having no one else present wishing to be heard:; President
Postier closed the hearing. Solinger moved, Bluhm second to adopt
Resolution No. 541-83 approving the plat, including a variance of 5'
for Northern Valley Drive (a variance is required since the recently
approved Thoroughfare Plan Design Standards are not yet in -the
Subdivision Ordinance). Ayes (7), Nays (0). Motion carried.
B-9 hearing on the application for final plat of the Arboretum First.
Wishing to be heard was Don Borcherding, Yaggy Associates, who was
resent to answer any questions. Having.no one else wishing to be
heard, President Postier closed,the hearing. Strain moved, Powers
econd to adopt Resolution No..542-83 approving the plat. Ayes (7),
ays (0). Motion carried.
B-10 k hearing on a petition to vacate the northerly 9' of the right -of -
ay for 8th Street N.W. adjacent to Lot 1, Block 4, Northern Addition.
aving no one present wishing to be heard, President Postier closed
he hearing. Bluhm moved, Duffy second to adopt Resolution No. 543-83
vacating the north 9' of the east 60' of 8th Street.N.W. Ayes (7),
Nays (0). Motion carried.
E-2 Solinger moved, Bluhm second to table consideration of the initiation
f eminent domain proceedings for West River Roadway R.O.W. acquisiti
his project will be discussed further at a'�'kCommittee of the Whole
meeting. Ayes (7), Nays:(0). Motion carried.
F-1 An Ordinance rezoning certain property creating a Planned Unit Develop-
ment District known -as PUD-R-72 (Lakeview Homes) and amending Ordinanc(
o. 1659, known as the Zoning Ordinance of the City of Rochester,
innesota, was given its first reading.. Allen moved, Strain second
o suspend the rules and give the Ordinance a second reading. Upon
oll Call vote, Aldermen Allen,.Bluhm, Duffy, Powers, Solinger, Strain
nd President Postier voted aye. Ayes (7), Nays (0). Motion carried
nd the Ordinance was given its second reading. Strain moved, Solingei
econd to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
arried. o
F-1 kn Ordinance rezoning certain property creating a Planned Unit Develop-
istrict known as PUD-B773.(Ads & Arts, Inc.) and amending Ordinance
o. 1659, known as the Zoning Ordinance of the City of Rochester,
innesota was given its first reading.
1
Agenda
Item
H-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2059
CITY OF ROCHESTER, MINNESOTA
Regular Meeting #10, September 7, 1983
Alderman Strain stated that an offer had been received from two group
of volunteers who wish --to assist in Rochester's Flood'Control legisla-
tive efforts in Washington, D.C. At this point, this offer is just a
concept; it is an attempt to provide assistance to the City Council
and the Flood Control Committee. Details will need to be worked out
on the organizational structure, types of tasks, etc. After discus-
tion, Duffy moved, Bluhm second to accept the concept of the Advisory
Committee and instructing the Flood Control Committee to prepare a
draft of how the Advisory Committee will work, to be discussed at a
Committee of the Whole meeting. Ayes (6), Nays (1). Alderman
Solinger voting nay. Motion carried.
Informational Items 9/7/83
1. Committee of the Whole Meeting Minutes From Meeting of 8/15/83
2. Letter From Cheryl Doyle RE: Federal Prison Proposal at RSH
3. Letter From Dorothy Fogarty RE: Federal Prison Proposal at RSH
4. Letter From Anita Baumgartner RE: Federal Prison Proposal at R
S. Letter From John C. Brunnette RE: Rochester First Run