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RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 20, 1984
Agenda
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President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Posher. Aldermen Allen,
Duffy, Powers, Sol finger and Strain. Al,derman' Bl uhm arrived. at 7:34 P M.
Allen moved, Strain second to approve .the minutes .of the July 23,198,
meeting. Ayes (6), Nays (0). Motion carried.
A Hearing on the proposed snow removal charge for the 1984 year.
(Project No. 7022 ). Wishing to be heard was Dr. Robert Adams of
1604 llth Avenue N. W. and objected to the charge. He stated that
the city plows him in lots of times and that he definitely should
not be charged interest for the snow removal charge. Having no one
else present that wi.shed to be heard, Alderman Allen questioned if
Dr. Adams had been sat prior notice. Carole Grimm, City Clerk
responded that a bill is sent after the snow is removed and they are
given 30 interest free days to pay this. If they do not pay the bill
they are sent a bill each month thereafter with interest shown on
each bill. This is sent until the final hearing. Having no more
comments, President Postier closed the hearing. Bluhm moved, Strain
second to adopt Resolution No. 473-84 approving the assessment.
Ayes 0), Nays (0). Motion carried.
A Hearing on the Proposed Assessments on Project No. 8206-0-82
J 8781 Extension of san.i.tary sewer and watermain to serve Zumbro
Village ( now the Harborage ) and other lands. Having no one
present that wished to be heard, President Postier closed the hearin
Duffy moved, Solinger.second to adopt Resolution No. 474-84 acceptin,
the assessments. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Assessments on Project No. 6311-83 J 8767
Street Improvements in llth Avenue S. W./N. W. from 2nd Street S. W.
to 2nd Street N. W. Wishing to be heard;;was .El:eanor.'.Clappier of 3
llth Avenue S. W. She was opposed to this assessment and the policy
of assessing in general. Roger Plumb, Public Services Director
stated that the policy may be changed, but that the Council has not
acted on the proposal as yet. He stated that the next assessment
she would have would be for the project done on West Center Street.
The policy of assessing 1/2 of the long side of the property would
still be in effect as long as the Council does not change it.
Having no one else present that wished to be heard,.President Postier
closed the hearing. Duffy moved, Powers second to adopt Resolution Nc
475-84 approving the assessments. Ayes ('7), Nays (0). Motion carried.
A Hearing on the Petition to vacate a portion of the Right -of -Way
of 9 1/2 Street S. E. between 1st Ave. S. E. and Broadway. Having
no one present that wished to be heard, President Postier closed
the hearing. Allen moved, Bluhm second to adopt Resolution No.
476-84 approving the vacation subject to the retention of the Utilit
easements and that the petitioner file a metes and bounds conveyance
for the parcels north of 9 1/2 St. to be made into one lot. Ayes
(7.), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 20, 1984
A Hearing on the Request to reconsider denial of a petition to vacate
2'8" of-R.O. W. on 4th Avenue S. W. Wishing to be heard was Michaela
Belatti, 1931 Viking Drive, Attorney for Ms.: Marion Baker of 316
6th Street S. W. Ms. Baker desired to have this street vacation in
order for her to be able to sell the house and move into a retirement
center. According to Ms. Belatti, Ms. Baker has lived in this house
40 years and is unable to sell it at this time because of this
2:8" encroachment. She needs the vacation because of the stipulation!
set forth by the lending institutions in order to get a clear title.
Alderman Duffy commented that if a vacation was granted in this
particular instance, a precedent would be set `for. everyone. Mr.
Fred Suhler, City Attorney stated that he would agree and that he
might know of a .few more cases that could come in and request such
a type vacation. Having no one else present that wished to be heard,
President Postier closed the hearing. Duffy moved, Strain second
to instruct the City Attorney to prepare -and adopt.Resolution No.
477-84 granting a revocable permit on the 2'8" ROW and refer this
matter of vacations to the Committee of the Whole for further study.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Petition to vacate the five foot utility easement
along the South side of Lot 14, Block 2, Country Club Manor 1st Sub.
Having no one present,that wished to be heard, President Postier
closed the hearing. Allen moved,..Bluhm second to adopt Resolution
No. 478-84 approving the vacation. Ayes.(7), Nays (0). Motion carried
A Hearing on the Petition to vacate a 5' wide Utility easement along
the West side of Lot 2, Block 8, Cimarron. Subdivision. Having no one
present that wished to be heard, President Postier closed the hearing.
Bluhm moved, Powers second to adopt Resolution No. 479-84 approving
the vacation. Ayes (7), Nays (0). Motion carried.
Duffy moved, Solinger second to reconsider the request for Sewer and
Water to Foster/Arends Park. Ayes (7), Nays (0). Motion carried.
Powers moved, Strain second to adopt Resolution No. 480-84 ordering
the following project to be made: .Project No. 8403 J 8856 Sanitary
Sewer and Watermain Extension to serve property in the vicinity of
East River Road and 37th Street N. E. .was : denied at the August
6, 1984 Council meeting. Discusion�was..held by the Council on the
type,of water that would be used in the "Water Swimming Hole". Curt
Taylor of the Park and Recreation Dept. stated that the water was
in good shape and -in case of pollution it could be treated accordingly
Vote was taken. byes (7), Nays (0). The project is to be made.
E-2 31uhm moved, Powers second to approve and authorize the execution
f the'Phase II Agreement between the Rochester Barrier Free Housing
and the City of Rochester. This agreement requires. the City to acquire
hesite from Northwestern Bell, clear it of improvements and sell
it to the developer for $20,000. It also requires the City to provide
V9,804 for special handicapped features within the building. Ayes
_ ), Nays (0). Motion carried.
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���� RECORD OF OFFICIAL PROCEEDINGS OF THE ' COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned.3Meeting No. 8 - August 20, 1984
Agenda
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Solinger moved,. Allen second to adopt Resolution No. 481-84 approving
the Agreement of a Phase II Land Sale and Development with ROIL -
Rochester Barrier Free Housing Corporation to provide for constructio
of a housing project for the disabled. This includes the appropriati n
of $29,804. of CDBG funds from the Architecutural Barrier Removal
Account to the Rochester Downtown Assistance Corporation for the
purpose of funding special handicap features in the Handicapped Housilig
project. Also - appropriation of $65,196. of CDBG funds from the
Architecutral Barrier Removal account for land assembly for the
Handicapped Housing project. Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 482-84 establis.
ing just compensation for the Northwestern Bell property at $280,000.
and authorizing the execution of a Purchasing agreement. This is
located in portions of Lots 1,2, and 3, Block 11 of the Original Plat
Ayes (7), Nays (0). Motion carried.
Strain moved, Powers second to adopt Resolution No. 483-84 approving
the purchase agreement to acquire and clear the Custom Communications
building site at a total cost of not more than $117,500. which
includes relocation costs. This is located in Lot 2, Block 11 of
Original Plat. Resolution No. 484-84 was adopted approving the
lease with the owners of the Brown Parking lot contained in Lots 3 an
4 and 5 of Block 11 of Original Plat. The lease on the sign located
in the Brown Hotel (former) parking lot will remain in custody of
the Brown Hotel Parking lot management. Ayes (T), Nays (0).Motion
carried.
Powers moved, Bluhm second to approve the payments as follows on
the Taxiway/Service Road Construction/ Rochester Municipal Airport:
1. Partial Payment No. 2 - Rochester Sand and Gravel $27,045.55
2. Engineering / Payment No. 3 Mdah. i e and Betts $1 083.00. Ayes ( T) ,
Nays (0). Motion carried.
Bluhm moved, Allen second to approve the change order No. 2 to the
contract with Rochester Sand and Gravel for 1984 Taxiway, Roadway,
Apron and Overlay Construction at the Rochester Municipal Airport
in the amount of $1,937.00. Ayes (7), Nays (0). Motion carried.
Bluhm moved, Solinger second to approve the settlement of Fred
Schmidt quiet title action that the City is involved in on some land
located near the Zumbro River in Oronoco Township. The settlement
i ncl udE5a payment by Mr. Schmidt to. the City in return for a quit
claim of any interest the City may. have in the disputed parcel.
The Utility Board -... has recommended approval Ayes (7), Nays (0).
Motion carried.
Strain moved, Allen second.to adopt Resolution No. 485-84 initiating
the orderly annexation of properties located in the 2000 block of
Second Street S. W. on which the Pet Place and the Electrolux buildin
were located. The part omitted was the only part which abuts_ the
present City limits. This resolution fin 485-84 c rrects previousl
adopted resolution No. 302-84. Ayes 7), Nays (0�. Motion carriedy
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ��,7
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 20, 1984
Agenda
Item
E-10 IBluhm moved, Strain second to approve the following licenses and bonds
Request for an Off -Sale Non -Intoxicating Malt Liquor (3.2 beer )
license to sell the low -content beer in their establishment
was submitted by Gopher Liquor of Rochester located at 15 First Ave.
S. W. This is effective through April 1, 1985.
Request received from Logan and Jense, Inc. of Rochester for a
license to construct cement sidewalks, curb and gutters and driveways
in the City of Rochester for a period ending Dec. 21, 1984.
Request submitted from the Rochester Jaycees for a temporary on -sale
Non -Intoxicating Malt Liquor license for the date of August 17, 1984.
This was given prior approval by President Postier and Alderman Allen.
Ayes (7), Nays (0). Motion carried.
E-11
Solinger moved, Allen second to approve"the Accounts Payable (list
attached) in the amount of $1,487,582.70 semi-monthly. Ayes (7),
Nays (0). Motion carried.
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Solinger moved, Bluhm.second to approve the awarding of the low bid
of $188,677.00 to General Safety Equipment for a new 1250 GPM pumper
truck with Squirt aerial nozzle. Ayes (7). Nays (0). Motion carried.
Resolution No. 486-84 was adopted.
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Powers moved,.Bluhm second to adopt Resolution No. 487-84 awarding
the low bid of $128,477.00 (Total fixed cost with 50,000 S-1)to
Sun Insurance Company. Ayes (7), Nays (0). Motion carried.
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Solinger moved, Bluhm second to adopt Resolution No. 488-84 authoriz-
ing the City Clerk to advertise for bids to be opened at 11:00 A.M.
on September 11 , 1984. This is for 7 police sedans. Ayes (7),
Nays (0). Motion carried.
E-15
Bluhm moved, Strain second to adopt Resolution No. 489-84 authorizing
the City Clekr to advertise for bids on the 1984-1985 season's
supply of rock salt. This is for the Street and Alley dept. The
bids will be opened at 11:00 A.M. on September 11, 1984. Ayes (7)
Nays (0). Motion carried.
E-16
Strain moved, Duffy second to adopt Res.490=84 stetting a hearingon _.
the vacation of a portion of the 50' width of 4th Avenue S. W. as
platted adjacent to said Lot 1, Block 1, and Lot 1, Block 2 (ROW
South of 16th Street S. W. Ayes (7), Nays (0). Motion carried.
Date of hearing will be October 1, 1984. This is subject to the
condition that concrete curb be.installed on the south side of 16th
Street S. W. at 4th.Avenue at the expense of the new owners and that
the necessary utility easements be retained'.
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Solinger moved;Powers second to adopt Resolution No. 491-84 approving
an Engineeririg.Agreement with McGhie and Betts, Inc. for services on
Project No...6306-3-84 J 8876 Sanitary Sewer and Watermain in 6th
Ave. S. W. from 16th Street to the South line of Lot 10, Toogood
Terrace Subdivision plus Sanitary Sewer and Watermain through Toogood
Terrace Sub. from 6th Ave. S. W. at 17th St. to the south and east of
Lot 3 Toogood Terrace Subdi.vi.si..on. Ayes (.7), Nays (0). Moti,on carried
22'74
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 20, 1984
Agenda
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Bluhm moved, Allen second to adopt Resolution No:. 492-84 and 493-84
ordering a feasibility report and a hearing to be held on September
17, 1984 at 7:30 P.M. on Project No. 6502-84 J 8878 - Grading and
Surfacing, Concrete Curb and Gutter and Service Connections in 31st
Place N. W. from the East Frontage Road T.H. 52 to the East line of
Honeywood Subdivisibn.Ayes (7), Nays (0). Motion carried.
Powers moved, Allen second to approve the following recommendations
on Project No. 6?07-4-84 J 8870 - Sanitary Sewer Extension in 7th
Street N. W. to serve the Larson Property in the NW 1/4 NE 1/4 Sec.
33, T107N, R14W: 1. Reject all bids that were opened on August 3,
1984. 2. Adopt Resolution No. 494-84 authorizing the City Clerk
to advertise for bi ds'- to be opened at 11:00 A.M. on_ September 12,
1984 and considered by the Council on September 17; 1984. 3.
Authorize the City participation in project cost with City Share to
be paid from the sewer fund. Ayes (7), Nays (0). Motion carried.
Powers moved, Bluhm second to adopt Resolution No. 495-84 approving
the awarding of the low bid of $590,503.06 for'p.roject No. 8406-1-84
J 8860 - Construction of Streets, Concrete Curb an&.Gutter, Sani.tary
Sewer, Watermain, Storm Sewer and Service Connections in Manor Woods
West 1 s t Subdivision to Fraser Construction Company of Rochester
Minnesota. Ayes (7), Nays (0). Motion carried.
Duffy moved, Bluhm second to
the City::Clerk to advertise
Street Light Instal 1 ati.on on
The dates for receiving bids
12, 1984. Ayes (7), Nays (0
adopt Resol
for on
37th Street
will be up
) . Motion, ca
Strain moved, Duffy second to adopt
the City Clerk to .advertise for bids
Watermain extension to serve parcel
SW 1/4 Section 6, T106N, R 13W (2125
bids will be opened at 11:00 A.M. on
Nays (0). Motion carried.
ution No. 496-84 authorizing
J 6334 Traffic Signal and
N. W. at West River Road.
to 11:00 A.M. on September
rried.
Resolution No. 497-84 authorizing
on Pr6.ject No. 7809-84 J 8875
5400 and 5500 in the S./4 N'1/2
and 2135 Highway 14 East. The
September 12, 1984. Ayes (7),
Powers moved, Bluhm second to adopt Resolution No. 498-84 authorizing
the City Clerk to advertise for bids on Project No. 6306-3-84 J 8876
Sanitary Sewer and Watermain in 6th Avenue S. W. from 16th Street to
the south line of Lot 10, Toogood Terrace Subdivision plus Sanitary
Sewer and Watermain through Toogood Terrace Subdivision from 6th
Avenue S. W. at 17th Street to the south and east of Lot 3, Toogood
Terrace Subdivision: Bids to be opened at 11:00 A.M. on September
12, 1984. Ayes (7), Nays (0). Motion carried.
Allen moved, Bluhm second to adopt -the following.resolutions approved
by the Public Utility Board:
Resolution No. 499-84 approving an Amendment No. 3 with General
Electric Co. regarding the Lake Zumbro turbine generator rehabilitate
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Regular-Adiourned.Meeting No. 8 - August 20, 1984
Agenda
Item
E-24 I contract in the amount of $6,637.00 for a total amended contract
of $885,337.00.
Resolution No. 500-84 approving amendment No. 1 with Harza Engineerin,
Inc. for the Lake Zumbro turbine generators rehabilitation. The
amendment is $5,000. for a total amended contract of $35,000.00
Resolution No. 501-84 approving a coal. contract agreement with Sahara
Coal Company commencing Sept. 1, 1984 with an annual option for renew-
al. The price per ton of coal to be $31,75/F.O.B. mine plus shipping
and escalation. The expected shipping colume for the period from
September 1, 1984 through August 21, 1985 is 90,000 tons.
Resolution No. 502-84.approving a contract agreement with Kepp Compan;
for the First Street reroute duct project. This contract agreement is
$124,074.40. Ayes (7), Nays (0). Motion to approve all the above
resolutions carried.
E-25 Duffy -moved, Bluhm second to approve the request for temporary closin,
of 37th Avenue N. W. north of 9th Street N. W: Wishing to be heard
was Dennis Peterson, Attorney fn. Rochester. He stated that he urged
the Council to deny this closing. He stated that it is not being
used for construction and it is a means of keeping unions out during
a labor dispute. President Postier stated that the Council has
always closed streets during construction periods and that the Counci
did not want to get involved in labor disputes. Alderman Powers
stated that this should be brought back to the Committee of the Whole
for further input. Also present was Joe Weiss, developer of the
project. He stated that the reason he wanted it closed was because
during construction, the edges of the roads are not finished and
drop=offs occur. The public could get hurt and would then probably
sue. He also stated that the Public Services Department recommended
that this be closed. Having no further discussion, Powers moved,
Duffy second to table this and refer the matter to the Committee of
the Whole for further discussion. Ayes (7), Nays (0). Motion carried
E-26 Allen moved, Duffy second to instruct'.the City Attorney to prepare
an Ordinance amending the base rate in the sewer service charge systei
to $.82 per hundred cubic feet of wastewater and revise the debt
service allocation to $:125 per one hundred. cubic feet. To comply
with the required $250,000. appropriation in 1984 to the equipment
replacement fund, - See the ordinance Section 77.10. Ayes (7),
Nays (0). Motion carried. The Ordinance .was given its first reading
at this time. Allen moved, Powers second to suspend the rules and
give the ordinance a second reading. Upon roll call vote, Alderman
Allen, %� �i.D�fA!P&�.e�rrs, Solinger and Strain voted aye. Ayes (7),
Nays (0). `tion carried. The Ordinance was given its second reading
Powers moved, Duffy second to adopt the Ordinance as read. Ayes(7),
Nays (0). Motion carried.
E-27 JPowe rs moved, Duffy second to.table the request for a Metes and Bound,.
2276 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 20, 1984
Agenda
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conveyance of land between the C and N Railroad and 5th Street N. W.
This will be discussedat the Committee of the Whole. Public Service
was not in favor of this at this time. Ayes (7), Nays (0). Motion
carried.
Duffy moved, Strain second to adopt Resolution No. 503-84 setting a
hearing for October 1, 1984 on the Petition to vacate a portion of
First Avenue S. W. adjacent to Williams Building. This is in Lots 6
and 7 , Block 10 and Lots 1 and 2, Block 11, Original Plat. Ayes (7)
Nays (0). Motion carried.
Allen moved, Powers second to authorize the submission of a letter
to DEED of the City of Rochester' s intent .to utilize Industrial
Development. Bonds allocation in 1984 along with a 1% deposit fee of
$26,068.26. Alderman Solinger commented that the 1% should be worked
into the users cost so that the taxpayers do not have to pay for the
fee. It was noted by Administration that it would be worked into
the schedule. Ayes (7), Nays (0). Motion carried.
Bluhm moved, Duffy Second to remove the request for a Final Plat of
Willow Heights 3rd Subdivision from the table. Ayes (7), Nays (0).
Motion carried. Duffy moved, Powers second to adopt Resolution No.
504-84 approving the plat. Ayes (7), Nays (0). Motion carried.
Allen moved, Strain second to adopt Resolution No. 505-84 approving
an Owner contract for Willow Heights Third Subdivision - This is
for basic construction. Ayes (7), Nays (0). Motion carried.
An Ordinance Relating to Elections; providing for the creation of
an absentee ballot counting Board; amending the Rochester Code of
Ordinances Chapter 22, by adding a Section. This was given its first
reading. Alderman Bluhm moved, Solinger second to suspend the rules
and give this ordinance a second reading. Upon Roll call vote,
Aldermen Allen, Bluhm, Duffy, Powers, So i c�er . nd S r voted aye.
Ayes (7), Nays (0) . Motion carried. The �9r�29n a ° U its secon(
reading. Strain moved, Bluhm second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
Having no further business Strain moved, Allen second to adjourn the
meeting until 4:30 P.M. on August 27, 1984. This will,Ibe held in
Room 4 of City Hall. Ayes (7), Nays -0) . Motion ca r5ed.
rJ"
`iyClerk
Information - 8-20-84
1. Committee of the Whole minutes 8-13-84
2. Notice of complaints from - Minnesota Properties vs City of Roch.
Ref. to City Attorney and Finance Dept.
3. Notice of claims received from: Lila Rogers and Nancy B. Perry
These two claims were referred to the City Attorney and Finance Del
It.