HomeMy WebLinkAbout03-04-19851
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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.
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2370 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 27 - March 4, 1985
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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.
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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.
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2372 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Reqular Meetinq No. 27 - March 4, 1985
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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.
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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
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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
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA
Reqular Meetinq No. 27 - March 4. 1985
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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.
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2376 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 27- March 4, 1985
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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.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �d�`��
CITY OF ROCHESTER, MINNESOTA '
Re.qular Meetinq No. 27 - March 4. 1985
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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.