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HomeMy WebLinkAbout12-17-19842326 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - December 17, 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. Powers moved, Duffy second to approve the minutes of the November 19, November 26 and December 3, 1984 meetings. Ayes (7),Nays(0). Motion carried. B-1 A Hearing on the Application/Guandong Foodstuffs Industries for an Economic Recovery Loan of $250,000. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Solinger second to adopt Resolution No. 658-84 appproving the application. Ayes (7),Nays (0).Motion carried. B-2 A Hearing on the Development District Conditional Use for Mill Race Office Building at 5th Street and lst Avenue S. W. Having no one present who wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 659-84 approving this use subject to the landscaping plan being a part of the conditional use and the off-street parking and loading spaces being provided in the plan. Ayes (7),Nays (0). Motion carried. B-3 A Hearing on the Petition to vacate the loth Avenue S. E. right-of- way and the surrounding utility easements as platted on the plat of the "Replat of a part of Outlot "A" Meadow Park 5th Subdivision".. - Having no one present who wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt.,.., Resolution No. 660-84 approving the vacation. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Application for Planned Unit Development (Final Plan ) by Don Dickman for Plaza West Apartments, 19th Avenue and 3rd Street S. W. Wishing to be heard in opposition were the follow-' ing: Evelyn Royce of 228 19th Avenue S.W. She objects to the density and thinks..- parking could be a problem. She does not object to the actual development of the land. Alderman Duffy responded that 34 parking spaces are provided on the premises as required by the PUD Veronica Graif of 217 19th Avenue S. W. She stated that she never saw a plan of the development and is opposed to the density of the project. Alderman Solinger stated that these are two story structure and they have a 12 foot set -back. Mike Graif of 217 19th Avenue S.W. also opposed the density. Alderman noted that the project is set- back 12 feet from the property line and that is the legal requirement allowed in a Planned Unit Development. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Duffy second to adopt Resolution No. 661-84 approving the project. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Final Plat of Dickman's Subdivision ( Final PUD Plan requirement for Plaza West Apartments). Wishing to be heard was Veronica Graif of 217 19th Avenue S. W. She is opposed. She still thinks parking and traffic will be a problem. [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeitng No. 21 -December 17, 1984 Agenda Item B-5 She thinks that some other type of use of this land would be better suited for the area. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 662-84 approving the plat. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Final Plat of Meadow Park South Sixth Subdivision. Having no one present who wished to be heard, President Postier closed the hearing. Powers moved,Strain second to approve the plat subject to the easfnents be given to the City. Alderman Duffy questioned the deeding of the two lots to the City. He wanted to know if this was a "gift" or would the City have to pay for them. If the City did receive the.lots, would it be costly to maintain the lots, etc. Alderman Duffy reminded the Council that sometimes a "gift" can be costly. Lowell Penz, Rochester, Mn. was present and explained to the Council that he was still negotiatir with the Park Board on this transaction. But, he reminded the Council that this area is in the floodway and that access can be made to Outlot A. Planning Staff however stated that the access is only 22 feet and is not a legal street width. Alderman Duffy stated that land that is not used can be considered an orphan and can be more trouble then its worth. President Postier recommended that this maybe something the City does not need and that more study should be made before a decision is made. Alderman Duffy agreed. Duffy moved, Bluhm second to table this until further information can be received. Ayes (7), Nays (0), Motion carried."-------. The above motion to approve this was not carried as a tabling motion supersedes any other motion. B-7 A Hearing on the Final Plat of Meadow Park Estates. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to adopt Resolution E6.3-84 approving the plat. Ayes (7), Nays (0).Motion carried. C-1 Solinger moved, Strain second to approve the appointment of Mark Keefe to the position of Captain in the Fire Department effective January 3, 1985. Mr. Keefe fills the vacancy due to the retirement of Lowell Lybarger. Ayes (7),Nays (0).Motion carried. C-2 Bluhm moved, Allen second to approve the .appointment of Merle Steward to the position of Motor Operator in the Rochester Fire Department effective January 3, 1985. This position was vacated due to the promotion of Mark Keefe to the postion of Captain. Ayes (7),Nays (0).Motion carried. C-3 Strain moved, Duffy second to approve the appointment of James A. Kiehne to the position of Firefighter in the Fire Department of the City of Rochester effective January 3, 1985. This position was created by the promotion of Merle Steward to position of '`rotor Operator. Ayes (7), Nays (0).Motion carried. 2328 Agenda Item RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - December 17, 1984 C-4 Solinger moved, Strain second to approve the appointment of Thomas P.Roetzler to the position of Firefighter in the Rochester Fire Department effective January 3, 1984. This position is created by the retirement of Lawrence Griffin as Motor Operator. The position of Motor Operator was filled Dec. 3, 1984 leaving a vacancy as Firefighter. Ayes (7), Nays (0). Motion carried. C-5 Bluhm moved, Allen second to approve the appointment of Paul Nitschke to the position of Firefighter in the Rochester Fire Department effective January 3, 1985. This position was budgeted for in the 1985 budget. Ayes (7), Nays (0). Motion carried. E-1 Strain moved, Duffy second to establish a hearing date of January 21, 1985 for the consideration of a Housing Plan for Mortgage Revenue Bonds. Ayes (7), Nays (0).Motion carried. E-2 Solinger moved, Bluhm second to adopt Resolution No. 664-84 approvinc the execution of lease documents - Supplement No. 14 to Lease No. FA67CE-4023 with the FAA to provide space for five wind shear instrument plots on Rochester Municipal Airport Property. The plots will average about 14' square each. The Mayor and the City Clerk will execute the lease supplements: Ayes (7), Nays (0). Motion carried. E-3 Strain moved, Bluhm second to adopt Resolution No. 665-84 authorizinc the Mayor and the City Clerk to execute the lease agreement with Airport Porter Service of Rochester . This includes rental of office space at $208.85 per month and 16 wheelchairs at a monthly rental fee of $25.00 per month per chair. Ayes (7), Nays (0). Motion carried. E-4 Bluhm moved, Strain second to adopt Resolution No. 666-84 authorizinc the Mayor and the City Clerk to execute the Parking Lease Extension agreement with Republic Parking System for one year ending December 31, 1985. Also the former name of Air Terminal Parking Company be changed to Republic Parking System. Ayes (7), Nays (0). Motion carried. E-5 Allen moved, Strain second to approve payment of'$24,678.15 to McGhie and Betts for construction of Runway 13-31 -1984. Ayes (7), Nays (0).Motion carried. E-6 Bluhm moved, Allen second to approve the following licenses & bonds: Application received from Joe Powers DBA Canadian Honker of 1239 Second Street S. W. for a license to sell cigarettes at retail in vending machines. Ayes (6), Nays (0). Alderman Powers abstained. Motion carried. E-7 Solinger moved,Allen second to deny the request for a location change for MGM Liquor Warehouse. The location requested was for the area between the bank and Army Recruiting Building at the Barlow -Plaza - This was just across from Barlow Plaza. Wishing to 1 1 Agenda Item E-7 E-9 E-10 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2329 Adjourned Meetinii No. 21 •- December 17. 1984 be heard was Nancy McCluley-Rose on behalf of the MGM Liquor. She stated that the original location was.sugested to be -sear the Target Store area on Highway 52 North off from 37,;.'i.Street N. W. Due to problems with partnerships disolvin; between two laid owners they were not helped in the final purchase of this land for the liquor store. Since that time, the.N: have been looking around in Rochester for potential sites and as of this Council meeting they have not been able to come up with any other location. They have tried and sincerely request the Council extend the time limit of the liquor license ( Off -Sale) so that they may look into future sites. Alderman Solinger stated that the reason for his motion was that liquor stores are located in various areas of the City. He stated that this is on the door step of a liquor store at Barlow Plaza and not toofar from the Miracle Mile establishment. Alderman Powers also agreed . The McCauley's stated that the land costs have been prohibitative to them in locations which may be desirable to the Council, but they have invested tine and much money into this project and they would like to have some more time to come UP with a site. Ayes (7), Nays (0). Motion to deny the new location was carried. President Postier reminded the McCauley's that -chey do have until February 19, 1985 to secure another location. If at that time they still have a problem, they should request an extension at that time. The Council expressed wishes to work with them. Request for an On -Sale Intoxicating Liquor License was received from Chuck Leone dba Colonial Lanes located at 1828 14th.St. K. W. This is a bowling lane and he would like to expand 1-1is to include a:restaurant accomodating 124 persons. He urged she Council to..approve this: Alderman: Duffy questioned Mir. Leone if he had more seats in the lounge then restaurant. Mr. Leone stated that it is all one large restaurant. Alderman Powers noted that 1/3 of the area is.kitchen and. bearing.this in mine,. -it would have to be set up for more than a mere sandwich i:ype operation. Mr. Leone stated that 55-60% of the sales will be food type sales. He also stated that he would be doubling his staff. He requested that if this license is,granted, he,would be given a six month period to build his establishment. Having no further comments, Strain moved; Solinger second to approve the license with completion in 9 months. Ayes (5), Nays (2). Aldermen Allen and Duffy voting nay. Motion carried. Allen moves':, Strain second.to approve the request for a 3.2 beer license received from Joe Powers.for the Regal Cafe located at 1239 Second Street S. W.. This also included a request for a name change from Regal Cafe to Candian Honker. Ayes (6),_ Nays (.0). Motion carried. Alderman Powers abstained. Solinger moved, Bluhm second.to.app.rove the semi-monthly Accounts Payable in the amount .of .$1.,468,1.07.-60 (.list attached). Ayes �(,7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2330 Agenda Item E-11 E-12 E-13 E-14 E=15 E-16 E-17 E-18 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - December 17,.1984 Bluhm moved; Powers second to adopt Resolution No. 667-84 awarding the low bid of $26,232.00 to Fraser Construction Company for the demolition of buildings at 313 and 315 First Avenue S. W. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 668-84 award- ing the low bids for a 4-wheel pickup truck for the Public Services Department ( Street and Alley Div.) to Interstate GMC, Rochester Minnesota. The amount is $11,824 and will include the plow costing $1-,460.00. Ayes (7), Nays (0).Motion carried. Powers moved, Duffy second to adopt Resolution No. 669-84 authorizin the percentage increase guidelines for 1985 and increases in positio grades. The increase guidelines for 1985 range from 0-10 %with Grade Adjustments as follows: Management and Adm. 7%- Operations I-5% - Operations II,5% - Technical Support Family 5.5% Engineering Family 6% and Miscellaneous - 5.5%. Ayes (7), Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 670-84 author- izing the Director of Employee Relations to sign an Agreement for 1984-1985 for the Work -Study Agreement with Rochester Area Technical Vocational Institute.. The students will be paid . $3.35 per hour by RATVI and the City is billed.67� per hour - which is 20% of the cost:,Ayes (7), Nays (0).Motion carried. Bluhm moved, Powers second to adopt Resolution No. 671-84 advising the Minnesota Municipal Board that the City of Rochester objects to the annexation of Lots (89 vacant ) in Rose Harbor Subdivision specifically the 2nd , 3rd and 4th Sub. Marion Township. The petition was filed by 100% of the owners of land involved. An attor on behalf of the township was present and told the Council that the Township intends to oppose the petition also. Ayes (7), Nays (0). Motion carried. The reason that the City is opposing this is becaus all the lots are vacant. Strain moved, Allen second to instruct staff to transfer the balance in Community Development Block Grant 2023 PORT from program year 1982 - $23,328.86 (Draw Down # 56) to CDBG 2023 PORT 1983. Ayes (7),Nays (0).Motion carried. Bluhm moved, Duffy second to adopt Resolution No. 672-84 approving the request for a variance to Section 31.25 Subdivision 2 of the Subdivision Ordinance to allow the metes and gounds conveyance of Lots 12 and 13, Golden Hill Industrial Addition. Aye's (7), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 673-84 approvin a contract No. 62470 with the State of Minnesota .Dept. -of Transp. to provi'dea public transportation service in the City of Rochester. The Mayor and the City Clerk are authorized to -sign all documents on behalf of the City. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeti:no No. 21 - December 17, 1984 Agenda Item E-18 kesoiution No. 674-84 approving a contract No. 62469 with the State of Minnesota, Dept. of Transportation to provide a public transportation service in the Rochester Urbanized Area. Resolution No. 675-84 approving a contract with the Rochester City Lines for CY1985 based on a projected deficit of $51.5,032.00. Ayes (7), Nays (0).Motion carried. E-19 Strain moved, Bluhm second to adopt Resolution No. 676-84 approving and authorizing execution of a contract with Rochester Transportatio System Inc. for operation of the ZIPS Service in 1985 at a rate of $14..95 per vehicle hour less revenVes and State fuel tax refunds. Resolution No. 677-84 approving and authorizing execution of a contract with Olmsted COunty.for the local share nct to exceed $17,488 in support of 1985 vial -A -Ride. Ayes (7), Nays (0). Motion carried. E-20 Bluhm moved, Allen second to adopt Resolution No. 678-84 approving the follov,,ing goals for MBE and WBE participation in certain cont- racting activitiesconducted at the Rochester Municipal'Airport for the period of September 1, 1984 thru December 31, 1985. Construction - MBE 4% and WBE 0% -- Leasing 3% and WBE 3%. Resolution No. 679-84 adopting the attached draft Policy. Statement (1.Ndth appended schedules ).for MBE and WBE participation for certain contracting.activities to be conducted at the Rochester Municipal Airport for the period of' Septmeber 30, 1984 to December 31, 1985. (Schedule is attached on resolutionoon.=file). Ayes (7), Nays (0).Motion carried. E-21 Duffy moved, Powers second to adopt.Resolution No. 680-84 initiating the project and ordering a feasibility report on. Project No. 6204- 3-85 J 8889 Street Reconstruction on 6th Street S. W. from 2nd Avenue S. W. to 6th Avenue S. W. Ayes (7), Nays (0).Motion carried. E-22 Strain moved, Allen second to adopt Resolution No. 681-84 initiating the project and ordering a feasibility report on project No. 6209- 2-85 J 8882 Grading and Surfacing, Concrete Curb and Gutter -on 9th Street S. E. from 3rd Avenue S. E. to.4th Avenue S. E., Ayes (7), Nays (0). Motion carried. E-23 Bluhm moved, Duffy second to adopt Resoution No. 682-84 and 683-84 declaring the costs to be assessed and ordering a hearing to be held on January 21, 1985.on Si,dewal.k Replacement Project No. 1 19084 J 8862. Ayes (7), Nays (0).Motion carried. E-24 Solinger moved, Allen second to adopt Resolution No..684-84 and 685-f declaring th costs to be assessed and ordering a hearing to be held on -Rebruary �4, 1'985on. Project No. 7809-84 J 8855 (Deferred Assessment on Parcels 05400and 05500 (Adamson .Property ) in the Soutl 2331. 2332 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - December 17, 1984 ,v Agenda Item E-24 1/4 of the North 1/2 of the SW 1/4 - Section 6-106N-R13W =This is for a Watermain Extension. Ayes (7), Nays (0).Motion carried. E-25 Bluhm moved, Allen second to declare the costs to be assessed and declare a public hear..ing to be held on January 21, 1985 on Projec No. 6107-84A J 8866.Sanitary Sewer Extension plus Service. connections in 1st Avenue S. W.:.from-18th Street-S..W. to 19th Street S. W. Ayes (7), Nays (0).M6tion carried. Res.686-84 & 687-84. E-26 Strain moved, Allen second•to adopt Resolution No'. 688-84 and 689-84 declaring the costs. to.be assessed and:orderi.ng a public hearing to be held.onFebruary 4.,, 1985 on Deferred Assessment ito.1.807 1st Avenue S. W. - Lot 5 Less 587', Block 15 Golden Hill (plat 1295 parcel.20500) This: is on Project.No. 6107 Part 3 J.8607 Construction of a Sanitary Sewer. and-.:Wa-tzrmai n in Golden Hill ..lying West of T.H. # 63. Ayes (7),-Nays (0).:Motion carried:, . E-27 Powers moved, Allen second to adopt Resolution No. 690-84 and 691-84 declaring the costs to be assessed and ordering.a.public hearing to be held on February 4,1985 on Deferred Assessment to Project 6107 Part 3, J 8607 Part 2 of the -Construction of a Sanitary Sewer and Watermain in Golden Hill lying West of-.T:H. 63•( Parcel 11502 and plat 8380.) Ayes (7),Nays (0). Motion carried. E-28 Bluhm moved, Allen second to adopt Resolution No. 692-84'and 693-84 declaring costs to be assessed and ordering a public.hearing on Deferred Assessment to 181.3 1st Avenue S. W. N 1/3 Lot'6,Blk 15 Golen Hill ( Plat 8380 Parcel 11600.) The hearing Will be held on February 4-, 1985. Ayes. (7), Nays (0).Motion carried.. E-29 Solinger moved, Powers second to adopt the following Resolutions as approved by the Public Utility Board: Resolution No. 694-84 approving an amendment to'engineering services agreement with.Ulteig Engineers, Inc,. fo.r planning, desigh. and construction of substation V. transmission facilities at Cascade Creek Sub. , Zumbro River Substation and the Zumbro Hydro Plant. The amended contract is $297,980.00 - The amount of Amendment No. 2 is $12,980.00. Resolution No. 695-84 approving a purchase order with Diamond Powers for work on four 1-R-31) soot blowers complete with cabinet motor starters and blower mounted push buttons. Ths amount to be $17,680.00. Resolution No. 696*84 approving a contract'agreemerit with R.W. Beck and Associates for 1985 Electric Cost of Service Study Update an Rate Design. The amount of the contract $15,700. Resolution No. 697-84 approvi-ng a contract agreement with First Bank Rochester for administration of RUP Supplemental Pension Program The amount of the contract is approximately $4,000. per year. Ayes (7), Nays (0). Motion carried. 1 Agenda Item E-30 F-1 F-1 F .T, F-1 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ��� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 -December 17, 1984 Bluhm moved,Strain second to approve the request received for an On -Sale Wine License for Wade's Broiler located at 121 17th Avenue S. W. This is starting January 1, 1985. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain property to B-4 General Business known as Pet Place Building - 2000 Block, Second Street S. 'A. was given its first reading. An Ordinance Rezoning certain property to B-4 General Business known as Electrolux Bilding at 2000 Block ,Second Street S. W. was given its first reading. An Ordinance Rezoning certain property to R-3 Medium Density Resident-ial - Fred Schmidt property east of Bandel Road and North of Cascade Ridge Subdivision was given its first reading. An Ordinance Relating to Refuse Collection; Relating to Maximum Rates for Residential collection; Repealing the Rates established Repealing the°Rochester Code of Ordinances, Section 141.28 was given its first reading. An Ordinance Rezoning certain property to PUD-R-79 Residential Lot 1, Block 1, Dickman's Addition was given,a`.first reading. An Ordinance Rezoning certain property to R-2 Low Density Residential property at 1709 Third St. S.W. was given its second reading. Bluhm moved, Strain second to adopt the Ordinance as read. Ayes. (7), Nays (0). Motion carried. An Ordinance Rezoning certain property to B-lb Neighborhood Business in Lot 40, Christensen - Sehl Subdivision was given its second readin,g. Bluhm moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Annexing to the City of Rochester certain platted land in Hillcrest Subdivison - 7.94 acres ( Rochester Township was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (7),Nays (0).Motion carried. An Ordinance relating to Street names; renaming loth Avenue N W. as platted in Elton Hills North Third Subdivision to Chalet Court was given its second reading. Strain moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 698-84 supporting the efforts of the special Advisory Committee to the Olmsted County Board and other interested persons who are working in an attempt to convince of National Institute of..Corrections (NIC) to permanently relocate its operations center in the City of Rochester, Minnesota. 2334 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 21 - December 17,1984 Agenda Item F-1 H-1 Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to reconsider the purchase of three parcels of property as follows: 3.5 acres located at llth Ave. and 16th Street S. E. for $10,000. for a neighborhood park and accept the gift of 5 acres of land known as Outlot One, Marvale No. 7. Property to be known as Joyce Park and was donated from James Leon Joyce estate. Also authorize the purchase of 5.5 acres to be known as Mayo Run Nature Preserve to be purchased jointly with Mayo Run Nature Preserve Committee for a total of $50,000. The City is to provide $30,000. which funding should be contingent on securing the remaining $20,000. from the Mayo Run Nature Preserve Committee as agreed. Ayes (7),Nays (0). Motion carried. Solinger moved, Strain second to take this purchase to the Committee of the Whole -for further,revieW. Ayes (7), Nays (0).Motion carried. ' City Clerk Information - 12=17-84 1. Notice of Claim - Gail M. Sim Referred to the City Attorney and Finance Dept.