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HomeMy WebLinkAbout03-04-19851 LII Agenda Item D-1 E-1 E-2 E-3 E-4 E-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - March 4, 1985 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Powers, Strain. Alderman Duffy arrived at 2:03 P.M. and Alderman Solinger arrived at 2:05 P.M. Absent :None. Powers moved, Allen second to approve the minutes of the February 19, 1985 meeting. Ayes (5) Nays (0).Motion carried. Powers moved, Bluhm second to adopt Resolution No. 85-85 ordering a feasibility report and referring the following petition to the Public Services Department. Petition for local improvement on a recessed parking bay for public parking abutting Lots 6,7,8 and 9 of the Replat of Blocks 4 and 10 of Gooding's Subdivision.Ayes (5), Nays (0).Motion carried. Powers moved, Bluhm second to approve the following positions requested by the Rochester Public Utility Board: 1. Systems Operator and 2. Customer Service Representative. Ayes (5), Nays (0).Motion carried. Powers moved, Allen second to adopt Resolution No. 86-85 authorizing the City Clerk to advertise for bids on the Construction of five monitoring wells and the installation of pumps in the five wells plus one existing forty foot well. This is located at the Rochester Municipal Airport. Bids to be opened at 11:00 A.M. on March 20, 1985. Ayes (5), Nays (0).Motion carried. Alderman Duffy arrived - 2:03 P.M. Strain moved, Allen second to table the Application of Hilmer Thompson of Thompson Mechanical Inc. This is referred to the Heating, Ventilating, Air -Conditioning Board of Review for further information. Ayes (6), Nays (0).Motion carried.. Strain moved, Duffy second to adopt Resolution No. 87-85 authorizing the Energy Awareness Committee to apply for a $15,000. grant from the Minnesota Department of Energy and Economic Development. This grant provides funding for an eligible project within the City of Rochester. The Mayor and the City Clerk are authorized to execute any agreements relating to said grant application. Alderman Duffy questioned Mr. Paul Pfeifer of 5105 Silver Creek Road, Chairperson of the Energy Awareness Committee on who would control the money. Mr. Pfeifer stated that the City Administrator's office would control the money. Having no further comments, vote was taken. Ayes (6), Nays (0). Motion carried. Alderman Solinger arrived at 2:05 P.M. Allen moved, Duffy second to approve the following licenses & bonds: Request for an On -Sale Non -Intoxicating Malt Liquor License for Little Caesars at 1300 Salem Road S. W. ( Barclay Square Mall). Request for a Cigarette License was also approved for Little Caesars at 1300 Salem Road S.W. 2369 2370 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - March 4, 1985 Agenda Item E-5 E-6 E-7 E=9 E-10 E-11 E-12 Request received from Holiday Inn South for a single dance to be held on March 1st and 2nd, 1985. This was a benefit dance. This request had prior Council approval. Request received from the Rochester Civic Theatre for a single gambling license for a raffle to be held on May 8, 1985. Request received from the following for renewal licenses: Auctioneer submitted by Michael Suess of 200 5th Ave. S. E Stewartville, Mn. On -Sale Intoxicating Liquor (Club) submitted by Veterans of Foreign Wars Post 429 Robb-Wehrs. On -Sale Wine submitted by the following three establishments: Bilotti's Incorporate located at 304 1st Avenue S.W.; Campbell Restaurant, Inc. - Cellar Restaurant located at 302 2nd Ave. S.W., and the Charter House 211 2nd St. N. W. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to refer the issuance of an On -Sale Intoxicating Liquor license for the Little Caesars Restaurant located at 1300 Salem Road S. W. (Barclay Square M_all)..to,.the evening _meeti g More 'i?fprma.tibn'.. may be rece.i'ved at `the Commi=ttee of the Who Ayes �, Nays G .Motion carried. " Solinger moved, Strain second to approve the request by the Osman Temple Ceremony parade on May 31st, 1985 starti at 4:15 P.M. This will be a two-hour 75 unit parade. Ayes (7), Nays.(0). Motion carried. Allen moved, Bluhm second to approve the semi-monthly Accounts Payable in the amount of $793,347.39 (list attached). Ayes.(7), Nays (0).Motion carried. Allen moved, Solinger second to approve the Resolution No.88-85 approving the Contingency Transfers for 1984 in a total amount of $224,324.48. Alderman Strain requested a meeting with the Music Department and wanted a report of the budget activities over the past few years. The City Administrator stated that he would set up a meeting for the Council. Having no further discussion, vote was taken. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 89-85 requesting the City Clerk to advertise for bids on a maintenance contract for the main process control computer at the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on March 25, 1985. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 90-85 authorizing the City Clerk to advertise for bids on three 4- door sedans for -the Police Department requesting an alternate bid for with and without FM Radios. Bids to be opened at 11:00 A.M. on March 25, 1985. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 91-85 authorizin the City Clerk to advertise for bids on a one truck chassis and dump box for the Water Reclamation Plant. Bids will be opened at 11:00 A.M. on March 25, 1985. Ayes (7), Nays (0).Motion carried. e. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - March 4, 1985 Duffy moved, Strain second to adopt Resolution No. 92-85.awarding the low bid of $28,900.00-submitted by Byran Equiment Company for a 4-wheel drive tractor with reversible front plow, snowblower, and sweeper attachments ( Boschung DE-40-AUS tractor. This is for the Street and Alley Department. Ayes (7), Nays (0).Motion carried. E-14 Bluhm moved, Allen second to adopt Resolution No. 93-85 awarding the low bid of $9,789.00 for a 3/4 ton pickup truck for the Traffic Engineering ( Paint Dept.). Ayes (7), Nays (0).Motion carried. E-15 Powers moved, Bluhm second to adopt Resolution No. 93-85 approving the labor agreement with AFSCME Council 65 representing non exempt employees and the City of Rochester. The agreement includes one year agreement - Wages - 4% 1-1-85 and 2% 7-1-85. Some contract language and sick leave program was amended accordingly. Alderman Duffy stated that he disapproved of the split wage percentage. He stated that he would like to see one percentage used at the beginning of the negotiation period used in the future. Alderman Strain stated that he too would like to see only one percentage used in the future. President Postier asked the City Administrator is the percentage the County received included the merit raise percentages. The City Administrator is going to look into this and report back to the Council. Having no further discussion, Vote was taken. Ayes (6), Nays (1). Alderman Duffy voted nay. Motion carried. E-16 Allen moved, Bluhm second to instruct the City Attorney to prepare an Ordinance amending the Sewer Ordinance to allow for deduct meters (Subdivision 77.04 , Subd. 2.) Ayes (7),Nays (0).Motion carried. E-17 Duffy moved, Allen second to adopt Resolution No. 94-85 and 95-85 approving the agreement between the City of Rochester, Olmsted County and American Properties, Inc. (owners of Apache Mall) for installation of traffic signals and street lights at 16th Street S.W. and Apache Drive. The City Clerk is also authorized by Resolution No. 95-85 to advertise for bids for said traffic signals. Bids to be opened at 11:00 A.M. on March 20, 1985. Ayes (7), Nays (0). Motion carried. E-18 Bluhm moved, Solinger second to adopt Resolution No. 96-85 accepting the feasibility report and ordering a hearing to be held on April 1, 1985 on Project No. 6201-4-85 J 8885 - Street Reconstruction on 1st Street N. W. from 7th Avenue N. W. to llth'Avenue N. W. Ayes (7), Nays (0).Motion carried. E-19 Bluhm moved, Allen second to adopt Resolution No. 97-85 accepting the feasibility report and ordering a hearing to be held on April 1, 1985 on Project No. 6206-3-85 J 8888 -Grading and Surfacing, Concrete Curb and Gutter and Storm Sewer in 6th Street S. W. from 14th Avenue S. W. to the East Frontage Road Trunk Highway No. 52. Ayes (7), Nays (0).Motion carried. 23'71. 2372 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 27 - March 4, 1985 Agenda Item E-20 E-21 E-22 E-23 Powers moved, Duffy second to adopt Resolution No. 98-85 adding the special $1.00 rate in the 2nd Street Ramp, every evening between 6:0( P.M. and 12:00 midnight for patrons who present a ticket stub from -M Civic Aud. , Civic Theater or Art Center. Ayes (7),Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution.No. 99-85 adding paragraph (43.5) to Section B, No Parking Zones to read: (43.5) First Avenue S. W., on the West side, from 18th Street to 20th Stree- At all times. Ayes (7), Nays (0).Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 100-85 adding paragraph (254) to Section B, No Parking Zones, to read: (254) East Frontage Road of T.H. 52 North on both sides from 41st Street Northwest to 55th Street N. W. at all times. Ayes (7), Nays (0). Motion carried. Duffy moved, Powers second to adopt the following resoutions adopted by the Public Utility Board: Resolution No. 101-85 approving a purchase order agreement with Badger Meter, Inc. for one year supply of water meters w/remotes. The amount to be $31,383.00. Resolution No. 102-85 approving a purchase order agreement with Minkota Electric for distribution transformers in the amount of $50,942.00. Resolution No. 103-85 approving a purchase order with RTE for distri ution transformers in the amount of $21,856.00. Resolution No. 104-85 approving a purchase order agreement with Lanick & Liljegren for distribution transfermers in the amount of $66,996.00. Resolution No. 105-85 approving a purchase order with Graybar Electric for distribution transformers in the amount of $15,697.80. Resolution No. 106-85 approving a purchase order with EPL for furnishing cable and conductor in the amount of $18,516.83. Resolution No. 107-85 approving a purchase order with Border States Electric Supply for cable and conductor in the amount of $122,897.85. Resolution No. 108-85 approving a contract agreement with Nietz Electric, Inc. for installation of SLP continuous emission monitors in the amount of $54,352.00. Resolution No. 109-85 implementing an:increase in water rates to be effective April 1, 1'985. 1 1 Agenda Item E-23 F-1 G-1 A-1 B-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2373 Regular Meeting No. 27- March 4, 1985 Resolution No. 110-85 approving an engineering services agreement with EMA Services, Inc. for control system design -Phase II. The payment of fees will be on a "cost plus" basis in accordance with the engineer's published fee schedule, plus expenses with the cost estimated to be $75,170.00. Ayes (7), Nays (0).Motion carried. All Resolutions of the Public Utility Board have been adopted. An Ordinance Relating to Sewers; providing for special metering in certain instances; amending the Rochester Code of Ordiannces, Section 77.04, Subdivision 2. This was given its first reading. Strain moved, Powers second to remove the Consideration of a Public Utility Board action of requesting approval for an engineering services agreement with Burns and McDonnell Engineering Co. from the table. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 111-85 approving the resolution of the Public Utility Board approving a engineering services agreement with Burns & McDonnell Engineering Company , Inc. for services, including evaluation of alternatives, preparation of specifications, and evaluation of quotes, review of shop drawings, installation inspection including field engineerin services, for upgrade of Silver Lake Plant Unit # 3 precipitator. The estimated fee is $80,000. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Allen second to adjourn the meeting until 7:30 P.M., Ayes (7), Nis (0).Motion carried. President Postier called the meeting to order at 7:30 P.M., the fol-lowing members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: -.None. A Hearing on the Application for Industrial Revenue Bond Financing/ Rochester Methodist Hospital. This is for an amount of 46,015,000. Wishing to be heard was Dan Schafer representing the Rochester Methodist Hospital Finance Department. He was present for any questions the -Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Allen second to adopt Resolution No. 112-85 giving preliminary approval to the Rochester Methodist Hospital Industrial Revenue Bond project and referring the proposal to the Minnesota Department of Energy and Economic Development. Ayes (6), Nays (0. Alderman Duffy abstained. Motion carried. A Hearing on the Petition to change the zoning district from PUD-R-47 (West Gables Townhomes ) to R-2 on Lot 25, Block 1, Cascade Ridge Subdivision.. Wishing to be heard was Paul. Finseth, Attorney for the petitioner. He requested the Council consider giving this Ordinance a second reading if they chose to approve this change. Having no, one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to approve the change and instruct the City Attorney to prepare an Ordinance for adoption. Aves (7). Nays (0). Motion carried. 2374 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27 - March 4, 1985 Agenda Item am B-4 B-5 ME B-7 an A Hearing on the Planned Unit Development ( Concept Statement ) on Lots 1-3, Block 4 and Outlot B, Plaza 41 Northwest Subdivision. Wishing to be heard was Ron Fiscus of Yaggy Associates and appeared on behalf of the owner. He presented pictures of the project and gave a financial analysis of, the proposed 150 unit hotel. They would like to start this project in summer 1985 and complete it mid 1986. Present was Mac Hamilton, Rochester, Minnesota and he is present for any questions the Council may have on this project. Having no further persons that wished to be heard, President Postier closed the hearing. President Postier stated that the Council can vote on the PUD, but any variances that may be needed would have to be brought before the Zoning Board of Appeal.s. Having no further comments, Duffy moved, Solinger second to approve the PUD Concept Statement. Ayes (7), Nays (0). Motion carried. A Hearing on the Planned Unit Development ( Concept Statement ) on Lots 1-9, Block 3, Radichel First Subdivision. Wishing to be heard was Mac'Hamilton of Hamilton Real Estate, Rochester, Mn. and presented drawings of the project. He urged the Council to approve this project. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to approve the PUD concept statement. Ayes (7), Nays (0).Motion carried. A Hearing on the Petition to change the Zoning District from B-4 to R-1 on Lots 1-5, BLock 5, The Harborage Sudivsi6n.. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to instruct the City Attorn to prepare an Ordinance making the change. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed project 6204-3-85 J 8889 - Street Reconstruction on 4th Street S.W..from 2nd Avenue S.W. to 6th Avenue S. W. Having no one present that wished to be heard, Presidei Postier closed the hearing. Duffy moved, Bluhm second to adopt Resolution No. 113-85 approving the project and ordering it to be made. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed project No. 6209-2-85 J 8882 - Grading and Surfacing and Concrete Curb and Gutter on 9th Street S.E. from 3rd Avenue S.E. to 4th Avenue Si E. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 114- 85 ordering the project to be made. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed Assessment on New Sidewalk Project No. 1- 1984 J 8865. Wishing to be heard was Mary Petit of 1914 17th Street S. E. She is opposed to the entire project. She said that Dashow Realty , developer of the area in which she lives,did not grade the area properly and thus the City built the sidewalk higher than the lots in which their mobile homes are established. Since the sidewalk is up higher, they have what resembles a swimming pool in all of their yards, driveways, etc. They are angry about this L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 27 - March 4. 1985 Agenda Item B-8 situation and wish to have the City do something about it. Roger Plumb, Public Services Director stated that she was correct about the sidewalk being higher, however, the sidewalk was building correctly and Mr. Dashow did.not follow the specifications for proper grade in the area. It,would be the fault of Mr. Dashow and suggested that the owners of the area lots seek help from Mr. Dashow in solving their problem. The owner of 1910 17th Street S.E. wished to be heard and stated that he was responsible for the petitioning of this project, but in no way thinks this is correct that a swimming pool effect was created. He stated " Mr. Dashow never does anything". President Postier suggested that this matter be taken to the Committee of the Whole for further discussion and since Mr. Dashow was not present, they would like to see what he had to say about this problem. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to table this until the March 18, 1985 meeting in order to get more input from each party. Ayes (7), Nays (0). Motion carried. A letter was rece.ived from Lorrain Balas of 1906 17th Street S. E. in opposition and she also notified Presidei Postier of her opposition. B-9 A Hearing on the Final Plat of Bandel Hills First Subdivsiion. Having no one present that wished to.be heard, President Postier closed the hearing. Duffy moved, Powers second to adopt Resolution No. 115-85 approving the plat. Ayes (7), Nays (0).Motion carried. E-5 Bluhm moved to deny the request for a license received from the Minnesota North Star Chapter of the National M.S. Society to run gambling events (pulltabs) at three"locations in the City of Rochester such as 808 South Broadway (On -Broadway), 503 North Broad (North Star Bar ) and 921 Fifth Street•N. W. ( The Pub ). A Resolution No. 116-85 was also adopted and sent to the Charitable Gambling Commission denying this request. Ayes (7),Nays (0).Motion carried. E-6 Duffy moved, Strain second to deny the request of the issuance of an On -Sale Intoxicqting Liquor license for the Little Caesars Restaurant located at 1300 Salem Road S. W. ( Barclay Square). Council wanted a full menu submitted. Ayes (7), Nays (0).Motion carried. E-24- Solinger moved, Duffy second to adopt Resolution No. 117-85 not.tb., support the legislation being proposed suggesting that a Presidential Primary election be held the first Tuesday in June and that a party designation would be required before voting. Also included in the resolution would be the proposed requirement to allow 30 days in preparation for absentee ballots. Currently 20 days are allowed. The City Clerk is instructed to forward this resolution to the appropriate governmental bodies. Ayes (7), Nays (0).Motion carried. it 2376 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27- March 4, 1985 Agenda Item E-25 Strain moved, Duffy second to discontinue the practice of free Saturday parking in the downtown area and put the meters back on effective April 1, 1985. Alderman Strain stated that the Council is open for some other method of possibly utilizing the ramps, or some other suggestion that the Downtown Council may have regarding this situation. Ayes (6), Nays (1). Alderman Allen voting nay. Motion carried. G-2 Solinger moved, Strain second to remove the Proposed assessment on Project No. 6237-4-81 J 8763 Street Improvemetns to 37th Street N. W. and TH 52 at the Target Store Entrance from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Powers second to adopt Resolution No. 118-85 accepting the assessments with a 10 year payment option and using the proposed assessment to the property owner as $262,897.98. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance'Relating to Zoning; Amending the provisions of Ordinance No. 1659 and Ordinance No. 2121; Rezoning to the R-2 District a portion of PUD-R-47 ( West Gables Townhomes ) was given its first reading. Strain moved, Powers second to suspend the rules and give the Ordinance a second reading. Upon roll call vote, Alderman Allen, Bluhm, Duffy, Powers, Solinger and Strain and President Postier voted aye. Ayes (7),Nays (0).Motion carried and the Ordinance was given its second reading. Powers moved, Duffy second.to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rocheste '9 Minneso.ti This was rezoned to R-1 Low Density Residential in Lots 1,2,3,4,Bleck 5, and Outlot B of Harborage Subdivision was given its first reading. F-1 An Ordinance Relating to Charitable Gambling, Intoxicating Liquor and Non -Intoxicating Malt Liquor; amending Rochester Code of Ordinances, Section 125.31 and 126.16 was considered for adoption. This Ordinance was considered to be an Emergency Ordinance and the readings were waived. Also, This Ordinance does not have to be published to be effective. Powers moved, Duffy second to adopt the Ordinance as presented. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to Charitable Gambling; providing for. the issuance of a license and its term; amending the Rochester Code of Ordinances, Sections 101.03 Subdivision 2 and 107.04. This was also considered an emergency ordinance and the readings were not necessary. Powers moved, Duffy second to adopt the Ordinance as presented. Ayes (7), Nays (0).Motion carried. H-1 Duffy moved, Allen second to instruct the Traffic Department to removE the "Monday Night" regulation tag on all meters that have them on in the downtown area. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Bluhm second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. ri Agenda Item 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �d�`�� CITY OF ROCHESTER, MINNESOTA ' Re.qular Meetinq No. 27 - March 4. 1985 er Information - 3-4-85 1. Notice of Claim - A. Eunice Thompson Referred to the City Attorney and Finance Department 2. Notice of CLaim - Mary Veto Referred to the City Attorney and Finance Department 3. Letter from Mary Moylan regarding - Broadway Reconstruction Streetscape.