HomeMy WebLinkAbout07-02-1984RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL y ���
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 -.July 2, 1984
Agenda
Item
A-1 President Posti.er called the meeting to order at 2:00 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Powers, Solinger and Strain..Absent:. Alderman Duffy.
Bluhm moved, Powers second to adopt the minutes of the May 21,23,
and June 4, 1984 minutes. Ayes (6), Nays (0). Motion carried.
E-1 Allen moved, Powers second to approve the request for a driveway
opening at 1109 West Center Street. Ayes (6), Nays (0). Motion
carried.
E-2 Powers moved, Allen second to approve the appropriation of $1,300.
from the Contingency Account to purchase 13 fire mask face pieces.
These masks would contain glasses of a firefighter. OSHA regulations
do not allow the firefighter to wear regular glasses. Ayes (6),
Nays (0). Motion carried.
E-3 Bluhm moved, Strain second to approve the following licenses & bonds:
Request received for a license to construct Asphalt Sidewalks, curbs
and gutters, and driveways in the City of Rochester for a period
ending Dec. 31, 1984 received from the Johnson Blacktop Company.
Request received from Holm Brothers Plumbing and Heating, Inc. Atwate
Mn. for a Master Plumber's License for a period ending Dec. 31, 1984.
Application for an Off -Sale Non -Intoxicating malt liquor 3.2 license
received from Haskell's Inc. for a period ending April 1, 1985.
Request received from The Rochester Assoc. of Neighborhoods for a Sin le
Gambling Licnese for July 27, 1984 for a single raffle. Request
received from the Olmsted Citizens for A Better Community for an
application of a Temporary 3.2 beer license for July 27, 1984.
Request received from the District 3 Quarter Horse Assoc. for a
temporary On -Sale Non -Intoxicating Malt Liquor License 3.2 beer for
the Olmsted County Fairgrounds on July 13,14, 15,1984. Ayes (5),
Nays (1). Motion carried. Alderman Solinger voted nay.
E-4 Alaysn(-9?veMbtS nacarr�e9nd o table this item until evening. Ayes (6)
E-5 Allen moved, Bluhm second to approve the Accounts Payable in the
amount of $547,255.91 ( list attached ) :,Ayes (5), Nays (1). Alderma
Solinger voted nay. Motion carried.
E-6 Powers moved, Strain second to adopt Resolution No. 368-84 authorizing
the City Clerk to advertise for bids to be opened at 11:00 A.M. on
August 10, 1984 for Life and stop -loss insurance. Ayes (6),
Nays (0). Motion carried.
E-7 Solinger moved, Allen second to adopt Resolution No. 369-84 authorizing
the City Clerk to advertise for bids on a 1250 GPM fire truck with
a telescoping aerial hose boom. Bids to be opened at 11:00 A.M.
on August 10, 1984. Ayes (6), Nays (0). Motion carried.
E-8 Solinger moved, Strain second to adopt Resolution No. 370-84: authoriz-
ing the City Clerk to advertise for bids on reroofing the main Fire
tiBids. to be opened at 11:00 A.M. on July 24, 1984. Ayes (6),
ay.s. j.. Motion. carried.
22'42 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No.-4 - July 2, 1984
Agenda
Item
E-9
E-10
E-11
E-12
E-13
E-14
E-15
E-16
E-17
Powers moved, Strain second to approve and adopt Resolution No. 371-
authorizing a leave of absence for Judith Keller Taylor, Director
of Library from June 27, 1984 until November 20,.1984. Ayes (6)
Nays (0). Motion carried.
This will be held until the evening session.
Powers moved, .All en second to adopt Res) 372-84°setting a hearing on ,.
a petition to vacate a portion of the ROW for 1st Avenue S. W.
encroached upon by the F.E. Williams Building ( Bilotti's ). A hearin J
was set for Qctober_1. 1984 at 7:30 P.M. Ayes (6), Nays (0). Motion
carried.
Powers moved, Strain second to adopt Resolution No.373-84, setting
a hearing on a petition to vacate the five foot utility easement
along the South side of Lot 14, Block 2, Country Club Manor 1st
Subdivision. A hearing was set for August 20, 1984. Ayes (6), Nays
(0). Motion carried.
Bluhm moved, Solinger second to adopt Resolution No. 374784' setting
a hearing on a petition to vacate a 5' Utility easement along the
West side of Lot 2, Block 8, Cimarron Subdivision. A Hearing was set
foraAugust 20, 1984. Ayes (6), Nays (0). Motion carried.
Powers moved, Solinger second to adopt Resolution No. 375-84 setting
a hearing on a petition to vacate a portion o`' che.ROW of 9 112
Street S. E. between 1st Avenue S. E. and B-)adway. Ayes (6), Nays
(0). Motion carried.
Bluhm moved, Strain second to approve the application for a Planned
Unit Development ( Preliminary Plan ) by Don Dickman at the inter-
section of 3rd Street and 19th Avenue S. W. subject to the following:
1. Obtaining sidewalk and driveway permits;
2. Plat the property
3. Additional Landscaping along southeast boundary
4. Include green space in planting schedule
5. submit details of storm shelter and insure its useability.
Ayes (6), Nays (0). Motion carried.
Strain moved, Solinger second to approve the Application for a Planned
Unit Development (Pr_eliminary -Plan ) at the West end of 28th Street
N. W., Allendale Subdivision to be known as Stevens Court subject to
the following: That additional parking be provided. Ayes (6), Nays
(0). Motion carried.
Solinger moved, Powers second to adopt Resolution No. 376-84 approving
a proposal for engineering services by McGhie and Betts, Inc.
on Project No. 8413-1-84 J 8874 Grading, base, bituminous paving-,
concrete curb and gutter, -sewers, watermains and service connections
in Bandel Hills First Sub. Ayes (6 ), Nays (0), Motion carried.
Agenda
Item
E-18
E-19
E-20
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
. Regular. Meeting No. 4 - July 2, 1984.
Solinger moved, Bluhm.second to adopt Resolution No. 377-84 approving
a proposal by Yaggy Associates, Inc. for engineering services on
Project No..8306-4-84 J 8872 Basic Construction in Baihly Woodland
4th Subdivision. Ayes (6), Nays (0). Motion carried.
Powers moved, Strain second to adopt Resolution No.378-84- accepting
a feasibility.report and ordering .a hearing to be held on August 6,
1984 at 7:30 P.M. on Project 7809-84 J 8875.Watermain extension to
serve Parcel 5400 and 5500 in the S 1/4, N 1/2, SW 1/4 Sec. 6, T106N,
R13W ( 2125 and 2135 Highway 14 East.) Ayes (6), Nays (0). Motion
carried.
Strain moved, Allen second to adopt Resolution No. 37.9-84 and 380-84
receiving a feasibility report and order a hearing to be held on
August 6, 1984 and advertise for bids to be opened on August 3,1984
at 11:OO A.M. This is for Project No. 8411-84 J 8871 Sanitary
Sewer, Watermain and Street Impvoements along the entire southwes-terl
line Lot 1, Block 1, The Arboretum First Subdivision. Ayes (6).,
Nays (0). Motion carried.
E=21 Bluhm moved,. Powers second to adopt Resolution No: 381-84--authorizing
the City Clerk.to advertise for bids to be received at 11:00 A.M.
August 1, 1984 on the Installation of Scum Line from Primary Clarifie
Water Reclamation Plant. Ayes (6),Nays (0). Motion carried.
E-22
E-23
E- 24
E-25
Strain moved, Allen second.to adopt Resolution No. 382-84'authorizing
the City Clerk to advertise forbids to be received at 11:00 A.M.
on August 3, 1984 on the following Project 6202-1-84 J 2142 - Trunklii
Storm Sewer in 2nd,Street N. E.-N. W. from Zumbro River to 3rd Ave.
N. W. and in 3rd Ave. N. W. from 2nd St. N. W. to 1st N. W. plus
Sanitary Sewer and Watermain relocation in 2nd Street and 3rd Ave.
N. W. Ayes (6), Nays (0). Motion carried.
Bluhm moved, Allen second to adopt Resolution No. 383-84:,:uthorizing
the City Clerk to advertise for bids to be received at 11:00 A.M.
on August 3, 1984 on the following Project No. 6200-E-84 J 2145
Sanitary Sewer Reconstruction in East Center Street, 15th Avenue
N.E.-S.E. and in 2nd Street S. E. Ayes (6), Nays (0). Motion carried.
Bluhm moved, Allen second to adopt Resolution No. 384-84-.authorizing
the City Clerk to advertise for bids to be received at 11:00 A.M.
on August 3, 1984 for Project No. 8404 J 4334 Sanitary Sewer Rehab-
ilitation Section I and II. Ayes (6), Nays (0). Motion carried.
Solinger moved, Powers second to adopt Resolution No. 385-84- and 386.-`
84 declaring the costs to be assessed and order a hearing to be held
on August 6, 1984, at 7:30 P.M. on Project No. 6204-2-83 J 8828
Reconstruction of the Existing Sidewalk to accomodate streetscape
improvements adjacent to Zumbro Market. Ayes (6), Nays (0). Motion
carried.
224
2244 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 2, 1984.
Agenda
Item
E-26 Bluhm moved, Strain second to adopt Resolution No.387-84• and 388-84
declaring the costs to be assessed and order a hearing to be held on
August 6, 1984 on Project No. 6204-1-83A J 8829 Reconstruction of the
Existing sidewalk to accomodate Streetscape improvements on the North
Side of 4th Street S. E. adjacent to Huey's Cigar Store. Ayes (6),
Nays (0). Motion carried.
E-27 Strain moved,. Allen second to adopt Resolution No. 389-84.-and 390-8.4
declaring the costs to be assessed and order a hearing to be held on
August 6; 1984 on Project No. 6301-4-83 J 8830 Reconstruction of the
existing sidewalk to accommodate Streetscape Improvements
adjacent to the Carlton Hotel.. Ayes (6), Nays (0). Motion carried.
E-28 Bluhm moved, Powers second to adopt Resolution No. 391-84 and.;,392=84
declaring the costs to be assessed and ordering a hearing to be held
on August 6, 1984 on Project No. 6301-3-83 J 8832 Reconstruction of
existing sidewalk to accomodate streetscape improvements to adjacent
buildings of the West side of 1st Avenue S.M. between 3rd Street Nort
to alley. Ayes (6). Nays (0). Motion carried.
E729 :: Powers . moved, Sol i nger second to. adopt l.Resol uti on No::. _-393-24 .amending
the purchase agreement involving the creation of the Riverview West
Planned Unit Development. The City agreed to purchase Outlot A of
this subdivision and can be used for a park. Ayes (6), Nays (0).
Motion carried.
E-30 Strain moved, Solinger second to adopt the following resolutions of
the Public Utility Board:
Resolution No. 394=84 approving a contract agreement with Lake Area
Utility Contracting Inc. for furnishing Zumbro River Underground
Duct Project in an amount of $55,716.00.
Resolution No. 395=84-. approving a contract agreement with Moorhead
Machinery & Boiler Co. for SLP unit # 4 electrostatic precipitator
demolition and new foundations in the amount of $183,700.00.
Resolution No. 396-84= approving a contract agreement with Hooper
Construction Corp. for Byron Line Terminal at Cascade Creek Sub.
The amount to be $154,129.65.
Resolution No..'397-.84.approving an engineering services agreement with
Black and Veatch Eng. Inc. for replacement condenser tubes at Silver
Lake Plant. The amount $12,500.00
Resolution No. 398-84 approving an eng. services agreement for Feedwa
Heater 4-4 Repair with Black and Veatch Eng. in the amount of
$35,800.00
Resolution No. .399-84 approving an amendment to a contract agreement
with Bergerson-Caswell, Inc. for work at Well # 23 in the amount of
r
i
38,000.00
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4.- July 2, 1984
Agenda
Item
E-30 Resolution No. 400-84.approving an amendment to a purchase order
agreement for repair.,of rotor on turbine generator SLP Unit# 4
with General Electric Co. The amount of the amendment is $..120,000.
making the total amended amount of $220,000.00.
Ayes (6), Nays (0). Motion carried.
E-31 Bluhm moved, Powers second to reconsider the denial of a petition to
vacate 2'8" of ROW at 316 4th Ave. S. W. Wishing to speak was Dick
Ehrick, Attorney for Marion Baker who requested".the Right-of-way.
Mr. Ehrick stated that Ms. Baker needs this to clear the title to
sell her house. This has been in the family for 40 years and
has encroached into the ROW since that time. He urged the Council.to
approve this request.for approval. After discussion by the Council
Allen moved, Solinger second to reconsider the action of denial and
set a vacation hearing for August 20, 1984 . Ayes (6); Nays (0).
Motion carried. Resolution No. 401-84, was adopted.
E-32 Bluym moved, Solinger second to approve the request of the 1984
Rochester Peace Walk and Rally on July 29, 1984. Ayes (6), Nays (0).
Motion carried. This will be a walk starting at Soldier's Field and
end at Silver Lake Park by the bandshell.
F-1 An Ordinance Annexing to the City a portion of Lot 14, Oak Hills
Subdivision and Lot 1, Elmcroft Sub. was given its second reading.
Solinger moved, Allen second to adopt the Ordinance as read.
Ayes (6), Nays (0). Motion carried.
F-1 An Ordinance rezoning to R-3 Lot 1, Block 1 Cascade Ridge Subdivision
was given its second reading. Solinger moved, Bluhm second to adopt
the Ordinance as read. Ayes (6), Nays (0). Motion carried.
F-1, An Ordinance Rezoning property to R-2 Low Density Residential - Lots
8,9,10,11.,12,13 and.14, Block 8, West Zumbro Addition was presented
to the Council and a suspension of the rules was requested. Allen
moved, Strain second to suspend the rules and give the Ordinance a
second reading. Upon Roll Call vote, Aldermen Allen, Bluhm,
Powers, Solinger, Strain and President Postier voted aye. Ayes (6),
Nays (0). Motion carried and.'bhe Ordinance had its second readin .
Allen moved, Strain second to adopt the Ordinance as read. Ayes �6),
Nays (0). Motion carried.
G-1 Bluhm moved, Strain second to remove the Access to South Broadway
from Soldiers Field Plaza and AMPI from the Table. Ayes (6),Nays (0).
Motion carried. Bluhm moved, Powers second to adopt Resolution No.
402-84 and .403-84 to initiate without petition, the following des-
cribed project, and authorizing the project to be made. Grading,
surfacing, curb and gutter on East Frontage Road in the 800 Block
of T.H. 63 South and a resolution authorizing the initiation of
eminent domain proceedings to acquire the necessary -ROW from AMPI to
construct the improvements. Also Instruct the City Attorney to
prepare an agreement between the City and Metro Development Company
to formalize the cost sharing agreement contained in the letter of
2245
2246 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 2, 1984
Agenda
Item
G-1
G- 2
A-1
June 11, 1984 from Lloyd P. Johnson and Instruct the City Attorney
to prepare a resolution requesting the State of Miqnesota to convey
the City a public ROW in the NE corner of the intersection of 9th
Street and South Broadway and providing assurance that the storm sewe,
facility under_this ROW will be adequately maintained and perpetuated
Ayes (6), Nays (0). Motion carried.
Solinger moved, Bluhm second to remove the request for reconsideratioi
of Parking removal of North Broadway from the table. Ayes (6),
Nays (0). Motion carried. David Rossman, Traffic Engineer with the
City of Rochester gave the Council the.number of accidents on Broadwa;
and stated that the accidents are spread all along Broadway.
President Postier commented that all businesses have parking on the
side or rear anyway. After brief discussion by the Council,
Bluhm moved, Solinger second to leave the parking on•.�Broadway
as it was in the past. Upon Roll call vote, Aldermen Allen, Bluhm,
and Solinger voted aye. Ayes (3), Aldermen Powers, Strain and
President.Postier voted nay. Nays (3). Tie vote, and the original
motion remains in effect which bans parking on Broadway.
Having no further business, Allen moved, Strain second to adjourn the
meeting. 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, Powers, Solinger and Strain. Absent : Alderman Duffy.
A Hearing on the Application for a Planned Unit Development ( Concept
Statement ) for Reuse of the Resurrection Evangelical Lutheran Church
at 407 14th St. N. W. Wishing to be heard was Vern Skare of 24 llth
Street S. E. He stated that he wanted to use the property as a mail
order type business and that he had visited with all the neighbors anc
they were acceptable of his project and he presented a petition in
favor of the business. He urged the Council to approve this PUD.
Wishing to be heard was Tracy Blanshn of 307 14th St. N. W. He
stated that he originally had been opposed, but since has changed his
mind and in now in favor. He presented a petition in agreement which
70%.of the neighbors signed: Wishing to be heard was Luann Blanshan
of 307 14th St. N. W. He was also in favor at this time of this PUD.
Wishing to be heard was John Ahmann of 1506 4th Avenue N. W. and he
is opposed. He was concerned about the future use of the property in
case Mr. Skare sold the property. President Postier assured him that
this would have to come?back to the Council for other uses. The City
had complete control over what went into this building. Wishing to
be heard was -Robert -•Adams of 1-412 4th Avenue N. W. and is opposed and
had a petition with 33 signatures on.it opposing the PUD. Wishing to
be heard was Kenneth Noser of 1502 4th Avenue N. W. and is concerned
about the footage of the PUD. He stated that it was way over the
amount granted under a PUD. Having no one else present that wished
to be heard, President Postier closed the hearing: Aldermen had
discussion on this and Bluhm moved, Powers second to approve the conce
with the idea of the controlled concession with the type of uses
allowed and that the proposed use as presented and any other use woul
F�
before the Council
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
1
Agenda
Item
Im
CITY OF ROCHESTER, MINNESOTA 2247
Regular Meeting No. 4 - July 2, 1984
President Postier again stated that the Council has the control - he
would be opposed to this otherwise. Alderman Strain asked Fred
Suhler, City Attorney if this would also be binding on his heirs
in case this would be resold under a death. Mr. Suhler stated that
it would still have to come back to the Council for another type of
business. Ayes (4), Nays (2). Alderman.Allen and Stra:i,.n voting nay.
Motion carried.
A Hearing on the Application for a.Planned Unit Development ( Concept
Plan ) on Lot 2, Block 1, The Hylands. Wishing to be heard was Chris
Colby; Architect for the PUD and urged the Council to approve this
application. Alderman Solinger was concerned about the close set-
backs and was informed that this matter would be addressed in the
preliminary plat. Having no one else present that wished to be heard
President.Postier closed the hearing. Powers moved, Solinger second
to approve the concept plan. Ayes (6), Nays (0). Motion carried.
The request to waive the preliminary hearing was denied.
A Hearing on the Petition to annex by Ordinance and zone at that time
to the B-lb ( Neighborhood Business ) District properties at 2123
2125 and 2135 Highway 14 East. Having -no-one that wished to be heard
President Postier closed the hearing. Powers moved, Bluhm second to
approve the petition. Ayes (6), Nays (0).' Motion carried.
A Hearing on the Petition to Change the Zoning District from the R-1
(Single Family Residential ) District to the B-4 ( General Business
District ) on the Trade Mart Furniture Store. Alan Larson, Petitioner
of Rochester, Minnesota was present and urged the Council to approve
this petition. Having no one else present that wished to be heard,
President Postier closed the hearing. Bluhm moved, Powers second
to approve the petition. Ayes (6), Nays (0). Motion carried.
A Hearing on the Application to amend the Land Use Plan from Low
Density Residential to Commercial and Medium Density Residential and
Rezone from R-1 to B-4 and R-3 on 25 Acres South of Bandel School in
NW Rochester, Minnesota. Wishing to be heard was Bill Tointon of
McGhie and Betts, Inc. on behalf of the applicant. He stated that
Mr. Schmidt agreed to having this zoned entirely to medium density.
Having no further people wishing to be heard, President Postier close
the hearing. Strain moved, Bluhm second to adopt Resolution No.404-84.
approving the application. Ayes (6), Nays (0). Motion carried, This
was subject to the annexation being completed without the commezr��l.
B-6 A Hearing on the Project 6207-4-84 J 8870 Sanitary Sewer Extension
in 7th Street N. W. to serve the Larson property in the NW 1/4 NE 1/4
Section 33 T107N R14W. Having no one present that wished to be heard,
President Postier closed the hearing. Solinger moved, Powers second
to adopt Resolution No. 405-84'ordering the project to be made.
Ayes (6), Nays (0). Motion carried.
A Hearing on the Petition to vacate the 15' wide easement along the
East side of Lot 12, Block 3, Meadow Hills First Subdivision.
2248 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 4 - July 2, 1984
Agenda
Item
i
E-4
E-10
H-1
F-1
F-1
Having no one present that wished to be heard, President Postier
closed the hearing. Solinger moved, Powers second to adopt Resolut-
ion No. 40.6-84 approving the vacation. Ayes (6), Nays (0). Motion
carried.
A Hearing on the Final Plat of So.uthgate Circle. Having no one preset
that wished to be heard, President Postier closed the hearing.
Powers moved, Strain second to adopt Resolution No.40.7-84: approving
the plat. Ayes (6), Nays (0). Motion carried.
A Hearing on the Final Plat of Elton Ridge 3rd Replat. Having no
one present that wished t o be heard, President Postier closed the
hearing. Bluhm moved, Allen second to adopt Resolution No. 408=84'-
approving the plat. Ayes (6), Nays (0). Motion carried.
Bluhm°moved, Powers second to remove the reqeust for an On -Sale
Intoxicating Liquor License from Raspberry Brown's from the table.
Ayes.°(5), Nays (1). Alderman Allen voted nay. Motion carried.
Bluhm moved, Bolinger second to approve the request. Ayes (5),
Nays (1). Alderman Allen voted nay. Motion carried.
Solinger mo%W,-Powers second to adopt Resolution No. 409-84:'approving
the General Development Plat for Reuse of the Rochester State
Hospital. This also includes adding off-street parking and intersect
of 4th and 2nd and deleting the connection north of Center Street .
Ayes (6), Nays (0). Motion carried.
Solinger moved, Powers second to initiate the action to delete 7th
Street N. E. from the Thoroughfare Plan. Ayes (6), Nays (0). Motion
carried.
An Ordinance Annexing to the City of Rochester certain lands situated
in Sec. 6, T106 N R13W Olmsted County was given its first reading.
This is approx. 25 acres and zoned B-lb.
An Ordinance Rezoning certain Property and amending Ordinance No. 16
to B-4 General Business was given its first reading.
Having no further business, Allen moved, Bluhm second to adjourn the
meeting. Ayes (6), Nays (0). Motion carried.
Information 7-2-84
1. Committee of the Whole Meet. Min. from 4-15-84, 5-21-84,6-4-84,
6- and and 6-25-844.
2. Letter from Roland Hansen RE: Rochesterfest.
3. Petition of Marion V.Baker -Ref. Consoli.dated Planning Dept.
4. Notice of Claim John Dockerty - Ref. to City Attorney, Finance
Dept. and Park Dept.
5. Notice of Claim on Contractor's Bond - Ace Construction -Ref.
to City Attorney and Finance Dir.
it
1