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HomeMy WebLinkAbout02-06-1984Agenda Item A-1 C-1 C- 2 C- 3 C- 4 C- 5 D-1 D- 2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL — CITY ���� CITY OF ROCHESTER, MINNESOTA Regular. Meeting No. 25 - February 6, 1984 President Postier called the meeting to order at 2:00 P.M,, the foll ing members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None. Powers moved, Bluhm second to approve the mi.nutes of the January 16 and 30, 1984 meetings. Ayes (7), N!dys (0). Motion carried. Bluhm moved, Allen second to approve.the Mayor's appointment of Carolyn Richards as the HRA representative to the Downtown Develop- ment Advisory Board. This term will run to December 31, 1986 and fills the unexpired term of Frank Iossi who resigned. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to approve the Mayor's reappointment of Audrey Anderholm of 6009 West River Road to the Library Board. Term will expire January, 1987. Ayes (7), Nays (0). Motion carried. Duffy moved, Bluhm second to approve the appointments on an ex offici status to the Music Board as follows: Deborah J. Klosterman of Route No. 3 and Susan E. Mulroney of 730 5th St. S. W. They will fill the unexpired terms of E. Jeff Robertson and Carl F. Anderson. The terms will expire February 6, 1985. Ayes (7), Nays (0). Motion carri d. Duffy moved, Strain second to approve the appointment of Dick Kaley, 1409 29th St. N. W. to the Committee of Urban Environment. Mr. Kaley will replace Jon Reid who resigned. Ayes (7), Nays (0). Motion carried. Bluhm moved, Solinger second to approve the Mayor's appointment of John Van Heuklom of 231 9th Avenue N. E. and Jack Waagen of 6506 W. River Road to the Energy Awareness Committee. They will replace Tom Dyer and Wayne Ellison who resigned. Ayes (7), Nays (0). Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 44-84 referring the petition for Water and Sewer for Lot 10, Toogood Subdivision to the Public Services Department for a feasibility report. Ayes (7), Nays (0).Motion carried. Powers moved, Solinger second to adopt Resolution No. 45-84 referring the petition for Sanitary Sewer and Watermain extension in 21st St. S. 14. from 3rd Ave. to the West Line Lot 3, Neills Subdivision; in 22nd Street S. W. from 1st Ave. S. W. to,5th Ave. S. W.; in West Front Road T.H. 63 from 21st Street to 22nd Street S. W. at 1st Ave. S. W.; in 1st Avenue and 2nd Avenue S. W. from 22nd Street to North Line Sha Run 2nd.; and in 3rd, 4th and:: 5th Avenue , 22nd to 23rd Street'S. W. to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. E-1 Solinger moved, Allen second to adopt Resolution No. 46-84 authorizing the Mayor and the City Clerk to execute the proposed contract with e ow ITSP Engineers to review and provide engineering services in 212� Agenda Item E-1 E- 2 E-3 E-4 E-5 E-6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 conjunction with a study of requirements for efiectrical service at the Water Reclamation Plant. The cost of this study is $2,800.00 which would be paid from,the Sewer Utility Fund. Marvin Skodje, Supt. of Water Reclamation Plant was present and stated that the Joint Venture recommended this study. He stated that the study should be cost effective. He also stated that determination of a power factor in a plant the.size of this one is hard to determine and is done usually after the fact. TSP Engineers would s.tudy lthe power factor corrective measures which may held eliminate:the penalty now being assessed for the low power factor. Ayes (7), Nays (0). Motion carried This item was held over until the evening. luhm moved, Strain second to approve the initiation of a floodway mendment for the Mayo Civic .Center area. This amendment is needed to llow construction of the Civic Center Improvements. This includes th( emoval of 46;000 cubic yards of material from the river bank to ompensate for the placement of fill for the improvements. Ayes (7), ays (0). Motion carried. - is was held over until the evening. Powers moved, Strain second to approve the following licenses & bonds: Request received from The Ability Building Center, Incorporated, for Salvage Dealers License for a period ending Dec. 31, 1984. Bonds, insurance certificates etc. have been submitted. Application received from Zumbro Valley Chapter of the Sweet Adelines for a Single Gamb- ling License for March 30, 1984. The bond requirement has been request. d to be waived. Request received from Rochester Jaycees and Rochester epeater Society, Incorporated for a Single Gambling License ( each ) hey will be held respectfully on April 5 and RRS on April 7, 1984. hey both have requested waiver of the $10,000. bond requirement. he following are renewal licenses: MASTER PLUMBERS- Carter Mechanica' ervice - Dale Richard Carter - R. # 2 Hayfield, Mn. 55940 and Solo lumbing and Heating - James Alke r/Damian Ahlstrom of 401 Ninth Ave. N.E. SEWERS AND DRAINS - M.P. Overend, Rochester, Minnesota and B & D Construction, Rochester, Minnesota. Bonds and Insurance papers are pending. SIDEWALKS,CURBS AND GUTTERS, DRIVEWAYS - Cement - I and R Construction, Rochester, Minnesota. BINGO - St. Pius X Churc Rochester, Minnesota. The bond in the amount of $10,000. has been requested to be waived. HEATING, VENTILATING AND AIR-CONDITIONING B C nt�ncto ZE a ��Q�LL"� ani rle°m�is°�aereangni�al a4 SoolonPlmb. Kgc�: '1n. Ayes 7 , Nays-S): o ion carried. Bluhm moved, Allen second to approve the transfer in ownership of the Point After Bar located at 2116 South Broadway from Steve Jacobson to Michael G.Nelson of Rochester. This should be effective Feb. 6, 1984 and expire April 1, 1984 when a renewal application will be. put before the Council. Alderman Duffy wanted to know if more problems have occured .and if the problem with the damage. to the fence had been taken care of. Mr. Jacobson , current manager stated that he is working out a solution with the motel owner on this bill. F� C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 Agenda Item E-6 Mike Nelson, current owner of 2315 Park Lane S. E. stated that he intended to work with the Motel and he ' stated that as far as people staying after hours at the bar, he had no knowledge of this. Alderman Duffy wished.to have the motion include the following: 1. Taking care of the current problem of people remaining after hours. 2. Fair compensation with the motel owner for the fence damages President Postier questioned whether the Council could get involved with making this a stipulation of the license. Council decided totransfer .the license and because of the suggestioi made above and the fact that the license will be coming back for renewal in April, they would grant the transfer. Ayes (7), Nays (0). Motion carried. E-7 Solinger moved, Strain second to approve the transfer in location of Budget Liquor Store from 15 Second Street S. E. to 200 North Broadway. This is pending the obtaining of the proper zoning and building permits and other department approvals. Ayes (7), Nays (0).Motion carried. E-8 --Duffy moved, Strain second to approve the Accounts payable ( list attached)semi.-monthly. in the amount of $1,069,901.77. Ayes (7), Nays (0). Motion carried. E-9 Duffy moved, Strain second to adopt Resolution No. 47-84 authorizing the City Clerk to advertise for bids on a van truck for the City Poundmaster and a 112 ton pickup for the liter Reclamation Plant. Bids will be opened at 11:00 A.M. on Feb. 24, 1984. Ayes (7), Nays (0). Motion carried. E-10 Duffy moved, Bluhm second to reject the bids submitted for a one ton truck and chassis and a fiberglass utility truck body for the Traff-ic Division. The bids for the truck body was rejected because they did not meet specifications. The low bidder of the one ton chassis did not meet specifications and the second lower bidder did meet specs. Aldermen had a motion to reject all bids on the floor. Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to rebid the truck and chassis and open them on February 24, 1984 at 11:00 A.M. The City Clerk is authorized to advertise for said bids. Resolution No. 48-84 is adopted. Ayes (7), Nays (0). Motion carried. E-11 Duffy moved, Allen second to adopt Resolution No.48A:-84 approving a Contract agreement with the Painters Local #681. The contract includes the following: 1. Two year agreement. 2. Wage increase 1984 - 4 W hr - 1985 - 5%. 3. Other benefits as provided members of.the Local # 49. Ayes (7), Nays (0). Motion carried. E-12 Bluhm moved, Allen second to instruct the City Attorney and City staff to prepare the necessary documents to revise the Urbanized Boundary for the Rochester Urbanized area. ( This is the boundary of the City of Rochester ). Ayes (7), Nays (0). Motion carried. 21.29 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL r- 2130 Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 E-13 Duffy moved, Strain second to adopt. Resolution No. 49-84 approving a proposal for Engineering services on Project No. 8401-2-84 J;,8852 on Grading, Base, Concrete Curb and Gutter, Bituminous Paving, Sanitary Sewer, Watermains Storm Sewers, and Service Connections ii Cimarron Second. This contract is with McGhie and Betts, Inc. Roch- ester, Minnesota. Ayes (7), Nays (0). Motion carried. E-14 Solinger moved, Allen second to adopt Resolution No. 50-84 approving Amendment No. 1 to 1984 City/Rochester City Lines Contract. This amendment allows for more accurate accounting of maintenance costs. Ayes (7), Nays (0). Motion carried. E-15 Allen moved, Strain second to adopt Resolution No. 51-84 agreeing to the terms of the Sewer Service Assessment Agreement between Olmsted County and B & F Distributing Company pursuant to the provisions of the Willow Creek Sanitary Sewer District, to the County entering intE an assessment agreement with B & F Distributing, Inc. to provide an extension of sewer service within the District to a restaurant and sE station operated by B & F Distributing on the east side of T.H. 63 approx. 270 feet south of the north line of Section 26, Twpl06N R14W. Ayes (7), Nays (0). MOtion carried. E-16 Powers moved, Allen second to adopt Resolution No. 52-84 approving the revised street opening -..charges effective April 1, 1984.They are as follows: Bituminous Surface $2.00/sw. ft. Min. chg. $150.00. Deep Strength Bituminous $3.00 /sq. ft. $240.00 Min. chg. Bituminous Surface over Brick or_Concrete.Base $3.60 sq.ft. $300.00 Min. charge. Oil Coat Surface $0.50 / sq. yd. $50.00 sq. ft. Ayes (7), Nays (0). Motion carried. E-17 Duffy moved, Strain second to adopt Resolution No. 53-84 approving the revised sewer tap charge levied by the City for tapping a new lateral into an existing sanitary sewer be established on or after April 1, 1984 at a flat fee of $90.00. Ayes (7), Nays (0). Motion carried. E-18 Strain moved, Bluhm second to adopt Resolution No. 54-84 which adds a paragraph to Section D . Truck Loading Zones to read: (27.5) Fifth Street N. W. on the North side 25 feet, more or less, in front of the premises known as 501 1st Avenue N. W. ( Mayo Clinic Warehouse ). Ayes (5), Nays (0). Motion carried. Aldermen Duffy and Powers abstained. E-19 Solinger moved, Strain second to ii.nstruct the City Attorney to prepare the documents amending the.:Rochester Code of Ordinances Section 2261 relating to Municipal Parking lots and Parking regulations to, -.reflect the following: 1. Amend Subd. 6 - M.C. Lawler lot to read "City Hall Lot" and 2. Add Subd. 7 - "Zumbro Market Lot " Municipal Parking Lot No. 12 which consists of City of Rochester land in Block 82 of Moe and Olds Addition known as Plat 2500 Parcel 07700 and lying South of the centerline of vacated 3rd St. S. E. Ayes (7), Nays (0 ): Motion carried. !rvi ce I� 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 213l CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 Agenda Item E-20 Solinger moved, Allen second to adopt Resolution No. 55-84 and 56- 84 declaring the costs to be assessed and ordering a hearing on New Sidewalk Project No. 1,-1983 J 8812. The hearing will be held on March 5, 1984. Ayes (7), Nays (0). Motion carried. E-21 Strain moved, Bluhm second to adopt Resolution No. 57-84 and 58-84 decl'a.ring the costs to be assessed and.ordering a public hearing on New Sidewalk No. 2 1983 - J 8813. The hearing will be held on March 5, 1984. Ayes (7), Nays (0). Motion carried. E-22 Duffy moved, Bluhm second to adopt Resolution No. 59-84 and 60-84 declaring the costs to be assessed and ordering a public hearing on Project No. 6301-3-.81 J 2506 Street and Underground Improvments in lst Avenue S. W. from 1st Street S. W. to Center Street . The hearing will be held on March 5, 1984. Ayes (7), Nays (0). Motion carried. E-23 Bluhm moved, Strain second to adopt the following resolutions of the Public Utility Board: Resolution No. 61-84 to enter into a purchase agreement with Northland Electric Co. for furnishing cable and conductor per specifications and bid opening of 1-17-84. The .amount to be $79,037.36 plus a ± 10% tolerance. Resolution No. 62-84 to enter into a purchase order agreement with Petersen-Wisdorf for cable . The amount of bid $42,328.00f 10% tolerance. Resolution No. 63-84 to enter into a purchase order agreement with WESCO for cable in the amount of $51,948.00+ 10% tolerance. Resolution No. 64-84 to enter into a purchase order agreement with Burmeister Electric Co.. for cable and conductor in the amount of $15,208.65 + 10% tolerance. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Municipal Parking Lots and Parking Regulat- ions; Establishing the boundaries thereof; amending the Rochester Code of Ordinances, Sec. 133.01 was given its first reading. F-1 An Ordinance Relating to Prohibited Noise; Providing penalties; Amending Rochester Code of Ordinances Section 85.10 was given its first, reading. F-1 Allen moved, Duffy second to adopt Resolution No. 65-84 accepting the request from the League of Minnesota Cities to host their Annual meeting on Sept. 25, 1984 in Rochester. The City Clerk is designated to coordinate the efforts with the League of Minn. Cities., Ayes (7), Nays (0). Motion carried. Having no further business, Bluhm moved, Allen second to adjou:rn the meeting. Ayes (7), Nays (0). Motion carried. 2132 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 Agenda Item 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. A Hearing on the possible Termination of the City Steam System. ( This was a continued hearing. President Postier stated that the Council would continue this hearing until February 21, 1984.) Bob Boyd of 1212 1st St. N. W. , Manager of Park Towers was present and wished to be heard, he was wondering if the County had the capacity to furnish all the current steam holders with services. He asked what sort of priority the customers woul:d have if they were on the County's system. President Postier stated that these were the sort of questions that the Council is attempting to solve. That was the main reason'for continuing the hearing. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to continue the hearing until February 21, 1984. Ayes (7), Nays Motion carried. A Hearing on the Application for Planned Unit Development ( Amended Final Plan ) on a portion of Homestead Trails (PUD-R-38).. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 66-8, approving the Application subject to the following 6 conditions: 1. The new sio_gle family dwellings be regulated for height, bulk, placement , and intensity by the standards for the R-1 zone found in Table 6, Sec. 66.400, Location of Accessory Structures per 62.107 Parking Requirements in Sec. 62.200, and Flood Plain regulations of Zoning Ordinance #1659. 2. Siting standards for the alternative duplex units -.be the same as those found in the approved.plan. 3. The requested alternate duplex sites be considered as a single planning unit. Either the alternate plan is followed in its entirety, or it is not utilized at all. This would insure a consistency of develpment styles at the entrance to the development. 4. Replat the property creating a lot arrangement for the single family lots that would accommodate the duplex alternative. 5. Ex- terior color of all structures in the amendment be consistant with the pattern in the rest of the PUD. 6. City Engineer comments on the attached referral be agreed to by the developer. Ayes (7) , Nays (0). Motion carried. A Hearing on the Petition to Amend the Future Land Use Map Design- ation from "Low Density Residential " to " Commercial" on a 2.96 Acre Area lying along the West Side of River Road Across from 32nd Street N. E. being the Site of Palmer -Soderberg, Inc. Wishing to be heard was Dan Soderberg of 1915 18 112 Ave. N. W. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearin Powers moved, Solinger second to adopt Resolution No. 67-84 approvin the change. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6, 1984 Agenda Item B-4 A Hearing on the Petition to Change the Zoning District from B-lb (Neighborhood Business ) to B-4 ( General Business) on the Mobil Service Station at 37th Street.N.. W. and T.H. 52 North. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to approve the petition and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Petitibn..for change to Zoning District from R-1 (Single Family Residential ) to R-2 ( Low DE's'ity Residential ) on Lots 27-29 , Block 4, Highland Addition. Wishing to be heard was Robert Peterson of 302 23rd Avenue S. W. and wanted to know where this was going to be built. Planning Department - Jeff Ellerbush showed Mr. Peterson the plans. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Bluhm second to approve the change and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Application for a Planned Unit Development Concept P1-an`on-Lot 11, Block 3, Cascade Ridge Subdivision. Wishing to be heard was LeRoy Abernathy of 5514 26th Avenue N. W. He stated that in the PUD plan they had no place to put the snow for removal. They only provide two trash containers for 24 units. He stated that the walkway between the garages was small. He does not think enough planning has gone into this and wants the number of units to be decreased. He asked Mr. Ellerbush of the Planning Dept. where they would put the snow. Mr. Ellerbush stated that they have open areas in the project which would utilize the snow. Mr. Abernathy asked Mr. Ellerbush about the possibility of losing the trees. Mr. Ellerbus stated that the trees were back far enough and would not bother the project. He also stated that the PUD would have a Homeowners Assoc. and -they would take care of the snow and maintain the common areas. Wishing to be heard was Don Borcherding of Yaggy Assoc. He stated that they wanted to build 4 plex�-units and the only wad is with a PUD. He stated that they would have a Homeowners Assoc. and sidewalks would run between the garages. Wishing to be heard was David Kulzer of 5523 26th Avenue N. W. and was concerned about the traffic this project would generate and does not want this PUD in the area. Having no one else present that wished to .be heard, President Postier closed the hearing. Powers moved, Bluhm second to approve the Application also noting that the Planning Commission has waived the Preliminary plan stage. The Council would however get this back as a Final Plan. Powers moved ,Bluhm second to approve the Application for a Planned Un;i.t.. Ayes (6), Nays (1). Alderman'Allen voted nay. Motion carried. B-7 A Hearing on the Petition to Designate all of Plaza 41, Northwest Second and Plaza 41 Northwest less Outlot "A" from "Industrial" to "Commercial" on the Future land use map. Wishing to be heard was Don Borcherding of Yaggy Associates, Rochester, Minnesota and stated that the area is suited for Commercial and he agrees that if 2133 development occurs, they would get another access from the site. 2�.3� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 .- February 6, 1984 Agenda Item an: E E-2 E-4 F-1 F-1 Wishing -to be heard was Claude Glatzmaier of Rochester, Minnesota one of the three partners who own the property. He stated that he ha-. inteirested developers and would like to have this changed for the future. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second.to adopt Res- olution No. 68-84 approving the change. Ayes (6), Nays (1). Alderman Duffy voted nay. Alderman Duffy stated that once a zone change has been made, the property changes hands and the City would lose complete control. Motion carried. I Hearing on the Petition to Change the Zoning District from M-2 ( General Industrial ) to B-4 ( General Business ) on the.Plaza 41 Northwest Sub. lying Northerly of the new IBM Office along T.H. 52. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to approve the petition and instruct the City Attorney to prepare an. Ordinance for adoption. Ayes (6), Nays (1). Alderman Duffy voted nay. Motion carried. A Hearing on the Final Plat of Meadow Hills Third Subdivison. Having no one present that wished to be heard, Pres-ident Postier clos. ed the hearing. Duffy moved, Bluhm second to adopt Resolution No. 69-84 approving the plat. Ayes (7), Nays (0). Motion carried. A Hearing on the Final Plat of Kottschade's Subdivision. Having no one present that wished to be heard, President Postier called for a motion to continue the hearing until the plat is completed. Duffy moved, Powers second to continue the hearing indefinitely. Ayes (7), Nays (0) . Motion carried. Powers moved, Duffy second to approve the request for a parking lease from Center Partners for the 2nd Street Parking Ramp. Leasing to them 26 space west side sublevel of the 2nd St. Parking ramp. Ayes (7), Nays (0). Motion carried. They also recommended that the City Administrator inform them that the rate will be $40.00 per stall. Duffy moved, Powers second to approve the designation of Olympus - Lombard as the developer for the D5 site and authorize the:.negI otiation of a Phase-- I Agreement; Also authorize staff to secure appraisals on the affected property. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain property to B-4 General Business on Lot 2, Block 1 of Replat of Lot 4, Block 3, Silver Acres Sub. was given its first reading. An Ordinance Rezoning certain property to B-2 ( Low Density Resi denti on Lots 27, 28 and 29, Block 4, Highland Addition was given its first reading. F-1 jAn Ordinance Rezoning property to B-4 General Business in all of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2JL35 ' CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 6. 1984 Agenda Item F-1 IPlaza 41 Northwest Second Subdivision , except Outlot "A" thereto, was given its first reading. Having no further business, Allen moved, Bluhm second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ty Clerk Informational Items 1. Committee of the Whole Meeting Minutes from 1-16-84 and 1-23-84. 2. Notice of Claim - Fraser Construction Co. vs Aetna Ins. Co. Ref. to City Attorney and Finance Dept. 3. Notice of Claim - Fraser Construction Co. vs Adolfson and Peterso Inc. - Ref. to City Attorney and Finance Dept.