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HomeMy WebLinkAbout06-03-1985RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item .The City Clerk gave the Oath of Office to the following members of the Common Council: Chuck Hazama, Mayor of the City of Rochester, Darrell Strain, Alderman of the First Ward, Paul Allen, Alderman of the Third Ward, H. Gordon Bluhm, Alderman of the Fifth Ward. A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Posti.er, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None. Allen moved, Powers second to approve the minutes of the May 20 and 22, 1985 meetings. Ayes (7), Nays (0).Motion carried. C-1 The following is the annual address as presented by President Postier HONORABLE MAYOR AND COMMON COUNCIL: It is my pleasure to congratulate Chuck Hazama on his re-election as Mayor, and Aldermen Paul Allen, Gordie Bluhm and Darrell Strain for their re-election to the Common Council. I again look forward to working with all of you in the coming year. The past year was another year of tremendous economic growth in the community as evidenced by over $100_ million in new construction. Our economy continues to remain strong. We are fortunate to have in our community a core of major employers such as the Mayo Clinic, IBM, and St. Mary's and Methodist.Hospitals. There are also, however, hundreds of medium size and sma11 businesses, which are sometimes overlooked, who provide an important source of jobs for the community. I would wish them all the best for continued prosperity in the coming year. Prosperity and economic growth do not come automatically. The efforts begun in 1984 to establish a unified industrial development committee known as REDI, Rochester Economic Development , Inc., and to attract the National Institute. of Corrections are evidence that the community is committed to seek new growth and job opportunities. We hope these efforts will be built on in 1985. As the City continues to grow, improvements to public facilities and roadways are required to handle the increased demand. The City is moving forward in many areas and currently has a number of major improvement projects either underway or on our agenda for 1985 and 1986. Projects already underway include the following: --Construction continues on the new Civic Center which is scheduled to open early in 1986. The form of this building is beginning to take shape. It should be a tremendous recreational asset to the community when it is completed and it should also serve to entice additional development to the downtown redevelopment area. -- Commencement of construction on the 41st Street N. W. interchange and frontage roads is scheduled to commence in 1985-1986.. This should be a great traffic improvement adjacent to Hwy. 52 of benefit to the businesses and residents of that area. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item C-1 --Construction is also underway on West River Road between Elton Hills Drive and 37th Street N. W. to improve traffic flow in the northwest area. There are a number of major projects which remain to be acted on or initiated in 1985. I believe these proejcts should provide a very full and exciting agenda for the Mayor and Common Council in 1985. (1). DOWNTOWN REDEVELOPMENT In 1984 we saw the successful initiation or completion of the Mill Race, Merchant Exchange and the Handicapped Housing projects. We also began the process of nego.tiaticin-s ori,.the proposed D5 development project. 1985 shoudl be the year of the D5 , in which a Phase II Agreemetn can be entered into and construction can be commenced on that exciting project. There are •items which remain to be decided in conjunction with the Phase II Agreement, but negotiations-are--progr,6ssing with -:the intent that a Phase II Agreement will be presented to the Council and Downtown Development District Advisory Board in July. I believe that this project would be an answer for all our efforts these past years to revitalize the downtown and would be a focal point for our future efforts in the downtown area. (2). DOWNTOWN PARKING NEEDS Downtown parking needs will be discussed and acted on in 1985. The overall parking needs for all downtown activities will need to be considered in the process, including the D5 project, Civic Center Library and existing needs. Limitations on available funding will require that the funds be maximized and that a central facili.ty be considered to serve a number of uses. Input into this process has been and will be sought from the Parking Steering Committee, Downtown Development District Advisory Board, Park Board, and other groups. (3). 5TH STREET EXTENSION A decision will need to be made on the route for the 5th Street N. W..extension to Broadway and 2nd Avenue N. E. This project should help facilitate traffic flow in and around the downtown area. Many downtown businesses and employers expressed a need for this project in 1983. The Council concurred by moving the tentative construction schedule up to 1987. A decision on the route of 5th Street N. W. will need to be made in conjunction with the Broadway reconstruction project and with decisions on the sale or demolition of th Broadway Steam Plant. (4). BROADWAY RECONSTRUCTION A decision will need to be reached in 1985 on the final design of this roadway and streetscaping improvement project scheduled for 1986 and 1987 construction. It is my hope that the dual elements of traffic flow and pedestrian utilization can be satisfactorily accomodated and improved in a single design. Meetings are currently being held with a Streetscape Committee representing affected property owners to provide input to the Council on this project. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 243 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item C-1 5) FLOOD CONTROL The City is anxiously awaiting the release of construction funds by the Federal Office of Management and Budget for the first of the seven reservoirs planned under the SCS flood control project. This project has been approved by Congress and the lands for the first reservoir have been purchased by the South Zumbro Watershed Joint Powers Board, which is comprised of representatives from the, City, County, and local SCS District. I fully anticipate and earnestly hope that the funds will be released before the end of the fiscal year. The Corps of Engineers flood control proejct is similarly subject to the decisions of Congress in 1985. Our project is again in the omnibus Water Bill in both the House and Senate. The City, with assistance from our Minnesota Congressional delegation, has done and will do everything within our power to achieve authorization for the Corps project in 1985. These projects will represent significant challenges for the Mayor and Council in 1985. Having worked with these individuals over the past years, I am certain that they are able-. to meet these challenges. As we look to future years, it becomes apparent that changes are occurring in the relationship betwee the federal government and municipal governmental units which could impact the future delivery of some services. Recent proposals to reduce the federal deficit, which reduction I wholeheartedly support, could include cutbacks in federal funds received by the City for Revenue Sharing, Mass Transit, Block Grants, and Housing. Although I would hope that these programs are not forced to absorb a disproportionate share of federal cutbacks, it is inevitable that cutbacks will be required in some or all of these programs. Such action will be a challenge to the City to undertake a comprehensive re-evaluation of these programs and to provide more innovative or cost effective methods of delivering the services funded by these programs. I believe that it should be an interesting and exciting year ahead of us. I am anxious to get started. Thank you. C-2 I Powers moved, Duffy second to adopt the following resolutions: Resolution No.275-85 adopting the Roberts Rules of Order for the conduct of business by the Council. Resolution No.276-85 adopting the Rules and Regulations for Order of Business of the Council. Resolution No. 277-85 establishing committees of the Common Council prescribing their functions and duties, and providing appointment to members of subcommittees. Ayes (7), Nays (0).Motion carried. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMM N O O C UNCIL ��� CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item C-3 Powers moved Allen second to approve the Appointments of the follow- ing Committee members by President Postier: FINANCE COMMITTEE , Darrell Strain, Chairman, James Powers and Joseph Duffy. PUBLIC WORKS COMMITTEE James Powers, Chairman, Peter Solinger and Darrell Strain. PUBLIC SAFETY COMMITTEE Paul Allen, Chairman, Gordon Bluhm and Peter Solinger. PERSONNEL ADIISORY COMMITTEE Joseph Duffy, Chairman, Gordon Bluhm, Paul Allen. BOARD OF EQUALIZATION Gordon Bluhm, Chairman, Darrell Strain and Peter Solinger. PUBLIC UTILITY COMMITTEE Paul Allen. -FLOOD CONTROL COMMITTEE.Peter Solinger, Chairman, Gordon Bluhm, Darrell Strain. ROCHESTER ECONOMIC DEVELOPMENT INCORPORATED ( REDI ) James .Powers, Chairman and Paul Allen. HEALTH BOARD Joseph Duffy. CIVIL DEFENSE COMMITTEE., Mayor Chuck Hazama, Gordon Bluhm, Peter Solinger and Darrell Strain. PLANNING ADMINISTRATIVE SERVICES COMMISSION James Powers and Paul Allen. ROCOG Mayor Chuck Hazama, James Powers , Peter Solinger Paul Allen, and Gordon Bluhm. DOWNTOWN DEVELOPMENT ADVISORY COMMITTEE James Powers and Joseph Duffy. CONVENTION BUREAU Darrell Strain. CBD MASTER PLAN STEERING COMMITTEE James Powers and Paul Allen. COUNTY SOLID WASTE COMMITTEE Joseph Duffy. JOINT POWERS- Gordon Bluhm, Darrell Strain and Peter Solinger. Ayes (7), Nays (0).Motion carried. C-4 The following annual address was presented by Mayor Chuck Hazama: The Symbols of Achieving Excellence are everywhere as_ we -look at Our accomplishments throughout our community. We continue to produce the right chemistry as we perpetuate the heritage that makes Rochester a special place for all of us. The past is important and we need to be reminded of our history. But all of us need to be concerned with the future because we will have to spend the rest of our lives there. With the future in mind, I would like to establish ten goals that I would like to pursue for the coming year. 1. Economically we need to maintain our Triple -A bond for the city. 2. Organize the REDI ( Rochester Economic Development, Inc. ) and have them in operation by January of 1986. 3. Break ground on Center Place , our largest downtown developme t project. 4. Complete the organization of the Model Civil Defense Emergenc Management System. 5. Support the efforts of our annual celebration of a City - Rochesterfest, to foster community pride. : 6. Pursue our efforts for the initial ground breaking project of our Flood Control program. 7. Continue to assist in bringing greater awareness of our unique cross cultural groups into a cohesive, harmonious community.. 8. Continue and expand efforts to have the governmental jurisdictions cooperate and work together for the benefit of our community. RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2434 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item 9. Encourage citizens to take an active part in the decision C-4 making process by serving on the volunteer boards, committees and commissions. 10. Continue to pursue a positive, optimistic and upbeat approach to the business of city government. We have been able to achieve some unprecedented milestone with a renewed commitment to a productive community partnership. All of you have made that difference. Strength is in the diversity that we all represent and with our continuing efforts we can't help but succeed. C-5 Solinger moved, Strain second to adopt Resolution No. 278-85 des- ignating the Rochester Post Bulletin as the official newspaper to publish the official printing and advertising of the City of Rochester for the official year commencing June 1, 1985. Ayes (7), Nays (0).Motion carried. D-1 Powers moved, Duffy second to adopt Resolution No. 279-85 referring the petition for a Sidewalk for easement between Fifth and Sixth Avenue S. E. with the recommendation that the Public Services Dept. consider the feasibility of vacating this property. Ayes (7), Nays (0).Motion carried. E-1 Allen moved, Strain second to table the Purchase Option Agreement on Witter/Rodman property ( 100.First.Avenue Building ) for further information on costs. Ayes (7), Nays (0).Motion carried. ( This was referred to the evening meeting.) E-2 Bluhm moved, Solinger second to recommend to the Charter Commission that they consider an increase of filing fee for local elections. The current filing fee is $5.00 and the proposed fee for the Charter to consider is $50.00. Ayes (7),Nays (0).Motion carried. E-3 Solinger. moved, Powers second to adopt Resolution No. 280-85 granting a revocable permit to use City property as a driveway access to a proposed parking lot on the block bounded by 4th Avenue N. W., 3rd Street N.-W. 3rd Ave. N—W. and 2nd Street N. W. Ayes (6), Nays (0).Alderman Duffy abstained. Motion Carried. E-4 David Isaacson of 945 24th Street N. W. wished to be heard regarding the vacation of 9 1/2 Avenue N. W. Adjacent to Lots 23 and 24 Replat of Outlot # 1, Elton Hills First. He stated that the property was vacated in 1974 and has not been maintained by the owner. The neighbors do not want this turned back to the owner. He stated that the drainage was not taken care of either. It was noted that in 1974 this was vacated subject to certain contingencies. When these were met, the City could vacate this officially. At this time, it is brought back to the Council for official vacation. Strain moved, Powers second to approve this and adopt Resolution No. 281-85 subject to the catch basins and other maintenance being done. Ayes (7), Nays (0).Motion carried. J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2435 5 n Agenda Item E-5 E=6 E-7 M. E-9 E-10 E=11 E-12 Annual Meetinq No..l - June 3. 1985 Powers moved, Bluhm second to approve issuance of a Waste Hauler license to Mark R. Mattice and recommend the approval of the City of this application to the County for their approval. Ayes (7), Nays (0).Motion carried. Allen moved, Duffy second to table the awarding of the low bid for repair at the Rochester Art Center for further discussion. Alderman Duffy was wondering if the window repair was included and more information was need about this problem. Ayes (7), Nays (0).Motion carried. Allen moved, Solinger second to adopt Resolution No. 282-85 accepting $15,000 in grant monies from the State of Minnesota Department of Energy and Economic Development for the Rochester Energy Wellness Program and authorizing the Mayor and the City Clerk to execute the grant. Ayes (7), Nays (0).Motion carried. Allen moved, Powers second to approve the following licenses & bonds: Request received from Robert Bernard, Chatfield, Minnesota for an application to construct cement sidewalks, curbs and gutters and driveways in the City. The period ends December 31, 1985. Request has been received from Roger Peterson, Dover, for a license to construct cement sidewalks, curbs and gutters and driveways for a period ending Dec. 31, 1985. Request received from The Olmsted County Free Fair Board for an application for a Temporary On -Sale Non -Intoxicating (3.2 beer) license. This is for the fair week of July 29 - August 4, 1985. Request received from the Scenic Sign Corporation of St. Cloud for a license to erect and maintain signs in the City of Rochester for a period ending December 31, 1985. Request has been received from Bucknell Plumbing and Heating, LeRoy Minnesota for a Master Plumber's License for the City of Rochester for a period ending December 31, 1985. A renewal license was submitt by Jim Byrne Construction for a cement sidewalk license. Mr. Byrne lives in Stewartville, Minnesota. Ayes (7), Nays (0).Motion carried. Strain moved, Powers second to approve the Accounts Payable in the amount of $1,570,578.78 (list attached). This is a semi-monthly record. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to adopt Resolution No. 283-85 awarding the low bid of $47,343.00 to Quality Plumbing, Rochester, Minnesota for mecanical work at City Hall. Ayes (7), Nays (0).Motion carried. Powers moved, Strain second to adopt Resolution No. 284-85 awarding the low bid of $33,523.00 to Quality Plumbing, Rochester, Minn. for Mechanical work at the Civic Theatre. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to table the awarding of the low bid for mechanical work at the Senior Citizens Center for further information. Ayes (7), Nays (0).Motion carried. r- 2436 Agenda Item E-13 E-14 E-15 E-16 E=17 E-18 E-19 E-20 E-21 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _ Annual Meeting_ No. 1 - June 3, 1985 Duffy moved, Allen second to adopt Resolution No. 285-85 awarding the low bid of $52,394.00 to Nietz Electric Company for traffic signal modification on 4th Street S. W. at 3rd and 4th Avenues. Ayes (7), Nays (0).Motion carried. Powers moved, Strain second to adopt Resolution No. 286-85 authorizin the Employee Relations Director to enter into agreement with the International Association of Fire Chiefs Foundation for the purpose of developing a promotional examination for the postion of Captain in the Rochester Fire Department. Ayes (7), Nays (0).Motion carried. Duffy moved, Solinger second to adopt Resolution No. 287-85 adopting the adjustment of fees for the City Zoning and Subdivision Ordinance. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to adopt Resolution No. 288-85 initiating tI proceedings in accordance with the Orderly Annexation Agreement with Cascade Township. This request was made by Albert Angelici of 2101 2nd Street S. W. to annex a duplex ..Ayes (7), Nays (0).Motion carried. Powers moved, Allen second to adopt Resolution No. 289-85 approving a Metes and Bounds conveyance of unplatted land adjacent to 1325 Marion Road S. E. ( Florence Pervin ). This property is approx. 70 feet wide by 450 feet long containing a total of 0.73 acres. Ayes (7); Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 290-85 approvini a temporary license for access to the Mill Race Project across City property on the northeast corner of 1st Avenue S. W. and 6th Street S. W. Ayes (7), Nays (0).Motion carried. 0 Allen moved, Strain second to adopt Resolution No. 291-85 authorizing the staff to negotiate a contract with Great Lakes Instituform for repair of a portion of the sanitary sewer in loth Avenue S. E. from lst Street to 2nd Street S. E. and in 4th Street N. W. from 2nd Avenue to 4th Avenue N. W. by means of lining the sewers. The estimated cost of the project is $46,000.00. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 292-85 author- izing the City Clerk to advertise for bids on Project No. 8407 J 8861 Construction of a Frontage Road located between 57th Street and Bandel Road. Bids to be opened on July 12, 1985 at 11:00 A.M. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 293-85 authorizing the City Clerk to advertise for bids - Project No. 6206-3-85 J 8888 Grading and Surfacing, Concrete Curb and Gutter and Storm Sewer 1, in 6th Street S. W. from 14th Avenue S. W. to the East Frontage Road Trunk Highway No. 52. Bids to be opened at 11:00 A.M. on July 12, 198 Ayes (7), Nays (0).Motion carried. u RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2437 Annual Meeting No.l - June 3, 1985 Agenda Item E-22 Powers moved, Strain second to adopt Res.No. 294 &-295-85, declaring the costs to be assessed and ordering -a hearing to be held on July 1, 1985 on Project No. 6200-W-84 J 8539 - Reconstruction of West Center Street from 4th Avenue to 16th Avenue West. Ayes (7), Nays (0).Motion carried. E-23 Powers moved, Solinger second to adopt Resolution No. 296-85 approvin Supplemental Agreement No. 2 for Project No. 8403 - Sanitary Sewer and Watermain to serve property along 37th Street N. W. and East' River Road N. E. This is J 8856. The amount is a: decrease of $1,960.00 for deleting a portion of bituminous surfacing. Ayes (7), Nays (0).Motion carried. E-24 Solinger moved, Allen second to adopt Resolution No. 297-85 approving Supplemental Agreement No . 5 for Project No. 6220-W-84 - WestCenter Street from 4th Avenue to 16th Avenue. This amount is for an increase of $1,377.70 to the project. and is needed to cover the costs for extra sidewalks. Ayes (7), Nays (0).Motion carried. E-25 Allen moved, Strain second to adopt the following:Resolutions adopted by the Public Utility Board: Resolution No. 298-85 approving a contract agreement with Moorhead Machinery & Boiler Company to install one feedwater heater for SLP Unit # 4. The contract will be $54,700.00 Resolution No. 299-85 approving a contract agreement with Field Service Associates to furnish and install equipment for electrostatic precipitator upgrade for SLP Unit No. 3. The amount of the contract is $415,000.00. Resolution No. 300-85 approving a purchase order agreement with Babcock & Wilcox.to provide one seal skirt for SLP Unit No. 4 The amount to be $20,556.00. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to the Sewer Changes; Providing for an Adjustment in certain circumstances: Amending the Rochester Code of Ordinances, Chapter 77, by adding an additional Section. This is for certain users who evaporate water. This was given its second reading. Solinger moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester certain lands situated in Cascade Township and surrounded by the Municipal limits - Dr. Robert Morse property on Hiawatha Court N. W. was given its second reading. Allen moved, Duffy second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to Public Transportation and Franchises: Renewing a Franchise to operate Taxicabs to ROCABCO, INC. amending the Rochester Code of Ordinances, Sec. 90.01 was given its second reading. Bluhm moved, Powers second to adopt the Ordinance.Ayes (7), Nays (0).Motion carried. RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item G-1 A-1 B-1 B-2 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Solinger moved, Powers second to remove the Awarding of the bid for mechanical alterations at the Public Library ( New boiler), from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 301-85 awarding the low bid of $88,180.00 to Maass Plumbing and Heating. Ayes (7), Nays (0).Motion carried. Having no further business, Allen moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried. President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers ,Solinger and Strain. Absent: None. A Hearing on the New Sidewalk Project No. 2 - J 8903. Wishing to be hear was Dr. Frank Sharbrough of 814 8th Ave. S. W. was present and presented different alternatives to this project. He is againt the sidewalk in the location as presented. Wishing to be heard was Sue Rogers of 1101 7th Ave. S. W. She is in favor of the project. Wishing to be heard was Bonnie Schaff of 425 9th Ave. S.W. and is President of the PTSA, Folwell School. She wants a sidewalk for the safety of the children. Wishing to be heard was Mary Dausey of 815 10 112 Street S. W. and wants the sidewalk, but urges the Council to approve of the walk being put in the loth Street alternative. Wishing to be heard was Bill Horlits of 913 8th Avenue S. W. He thinks the 8th Avenue alternative is not a good one and that the loth Street is the most direct to the schools. Roger Peterson of 818 8th Avenue S. W. also feels that the loth Street alternative would be good. Wishing to be heard was Ann Worthington of 836 8th Avenue S. W. and showed pictures of the trees and landscaping'in the area. She is not in favor of sidewalk being put in this location. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Duffy commented that he has studied the area and wished to have this go back to the drawing board and come up with some other alternatives. Alderman Powers stated that he did not like to see this dropped. He felt that the Council owes this to the people. Solinqer moved, Strain second to deny the project. Ayes (5), Nays (2), Aldermen. Allen and Powers voting nay. Motion carried. It was noted that a petition was presented in opposition to the sidewalk containing 72 signatures. A Hearing on the New Sidewalk Project No. 3 J 8904.Harold DeVries Sidewalk Superintendent for the City of Rochester presented pictures of the project. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Allen second to approve the project and to proceed with the request by Public Utlities to have them repair the sidewalk which is included in the project. Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried and Resolution No. 302-85 was adopted. C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF .ROCHESTER, MINNESOTA :2439 Annual Meeting No. 1 - June 3, 1985 Agenda Item B-3 A Hearing on New Sidewalk Project No. 1 - J 8902 - N.E. Fill-ins (11 lots on 15th Street and 16th Stret N. E. ) Harold DeVries, Sidewal.k Superintendent of the City of Rochester presented pictures of the area. Wishing to be heard in opposition was Robert Campbell of 1413 loth Avenue N. E. and also spoke in opposition for Mrs. Lillian Doweid of 1413 9th Avenue N. E. Wishing to be heard was Joe Smekta of 1508 4th Avenue N. E. and is in favor of the project. He stated that people from Silver Lake Villa can't get over the snow in the winter to walk on sidewalks available. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Bluhm stated that he saw no real purpose for the entire project. Alderman Strain agreed with Alderman Bluhm except for the walk on 15th Street. Alderman Solinger stated that he had no problems deleting the 16th St. N. E. part of the project. Having no further discussion, Bluhm moved, to delete the project but leave the portion in between 3rd and 4th Avenue. This motion died for lack of a second. After further Council discussion, Powers moved, Allen second to approve the project. After Council discussion, Alderman Solinger amended the motion to eliminate three sections north on 16th Street. Strain second the motion. Upon Roll call vote, Aldermen Allen, Bluhm, Powers voted nay. Aldermen Duffy, Solinger, Strain and President Postier voted aye. Ayes (4). Since thee project needs a 5/7 vote of the Council, the motion did not pass and the project was not approved. Duffy moved, Strain second to approve the project with two fill-ins in two blocks in the lower part of 16th Street. Upon Roll call vote, Aldermen Allen, Bluhm, Powers voted nay. Nays (3). Aldermen Duffy,'Solinger, Strain and President Postier voted aye. Ayes (4). Having the same stipulation of a 5/7 vote of the Council to approve a project, this motion did not carry and the project was not approved. Duffy moved, Bluhm second to deny the project. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Sidewalk Replacement Project No. 1-1985 J 8899 - 9tl Street/ loth Street to 17th Street N. E.- 8th Avenue N. E. to 15th Avenue N. E. Wishing to be heard was Leona Martin and lives on the corner of loth and 14th Street N. E. She was opposed to the project. She stated that she put in sidewalk in 1965 and two slabs were replaced in 1967. She is not wanting to replace these. President Postier stated that the average life of sidewalk is 20 years. Having no one else present that wished to be heard, President Postie, closed the hearing. Solinger moved, Powers second to approve the project and adopt Resolution No. 303-85. Alderman Bluhm questioned Mr. DeVries on the criteria he used to have a walk replaced. Mr. DeVries explained his procedure. Ayes (7),Nays (0).Motion carried. B-5 A Hearing on the Sidewalk Replacement No. 2-1985 J 8901 between 7th Street N. E. and 9th Street N. E. - 8th Avenue N. E., 3rd Avenue N. E., North Broadway and Silver Lake. Having.no one present that wished to be heard, President Postier closed the hearin, Duffy moved, Bluhm second to adopt Resolution No. 304-85 approving the project. Ayes (7), Nays (0).Motion carried. 2440 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item B-6 A Hearing on the Recommendation of the Charter Commission to delete section 103.5 of the Charter. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Bluhm second to approve the recommendation. Ayes (7), Nays (0). Motion carried. B-7 A Hearing on the Proposed project No. 6502-85 J 8907 - Street Construction, Concrete Curb and Gutter, Storm Sewer, and Watermain in 19th Avenue N. W. from the South line of 28th Street to the north line of Stevens Court Subdivision. Wishing to be heard was Luverne Stevens of Route No. 3 Kasson, Mn. and was the petition for the project. He has many questions regarding the project and would like the Council to grant him more time to secure this in- formation. Duffy moved, Bluhm second to table this. NOTE: This hearing was NOT closed at this meeting. Ayes (7), Nays (0).Motion' carried. B-8 A Hearing on the proposed Project No. 8403-85 J 8906. Sanitary Sewer and watermain extension to serve a 14.9 acre parcel in the Northwest Quarter of Section 24, Township 107 North; Range 14 West which lies adjacent to and East of East River Road and South of 37th Street N. E. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to adopt Resolution No. 305-85 approving the project. Ayes (7), Nays (0).Motion carried. B-9' A Hearing on the Request to amend the Shopping Center plan for K-Mart South to add Rocky Rococo Restaurant. Wishing to be heard was Robert Zachi representing Raymond Managment Company which owns Rocky Rococo Restaurant. He presented pictures of the establishment and will be a pizza place with other sandwi.che's and a salad bar. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to approve the request and adopt Resolution No. 306-85. This is subject to the following five conditions:, 1. Provide all necessary easements to Rochester Public Utilities. 2. Remove the two parking spaces at the southwest corner of the lot According to building permit plans on file, a oneway drive to the property to the west across the railroad tracks is to be located where these two spaces are shown. 3. Replace the two planting areas at the south end of the parking columns to the north of the restaurant which will be removed for the restaurant site. 4. Pro- vide a traffic sign at the northeast corner of the restaurant site warning eastbound traffic that a right turn along the east side of tI restaurant is not permitted. The traffic lane on the east side of the building is one-way northbound. 5. Move the menu board to the north so that at least four cars can be in line without obstructing the two-wya traffic in the lane south of the buidling As presently designed;'. there appears to be room for three cars. before the menu board and four after it. !r Vote was taken. Ayes.(7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ✓s'MR Annual Meetinq No. 1 - June 3. 1985 Agenda Item B-10 A Hearing on the Petition to Change the Zoning district from the B-lb ( Neighborhood Business) district to the R-1 ( single family Residential ) district on property located on the north side of 7th Street N. W. between 35th and 37th Avenues N. W. Having no one present that wished to be heard, President Postier closed the hearing Solinger moved, Allen second to approve the change and instruct the City Attorney to prepare an ordinance making the change. Ayes (7), Nays (0).Motion carried. B-11 A Hearing on the Petition to Change the Zoning district from the B-lb ( Neighborhood Business ) to R-3 ( Medium Density Residential on Lots 1-4 , Gateway Addition. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Strain second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (7), Nays (0).Motion carried. B-12 A Hearing on the Final PUD plan for Northridge Townhouses, Lot 1, Block 1, Valley Subdivision. Wishing to be heard was Mac Hamilton representing Mr. Jack Gabor of R. R. Box 58 Zumbro Falls, applicant. Mr. Hamilton commented.on the three recommendations made on this PUD by the Planning Staff. First of all No. 1 the vacation of the Utility easement across this project. He had no problem with this. No. 2-Regarding the requirement for storm shelter. He stated that since this is in R-3 zone, and building 24 units are accepted in this zone, this would provide them to build a slab shelter. He stated that below grade storm shelter would not be desirable to build and requests the Council to remove this requirement. No. Comment was made on the following requirement No. 3. a Final plat creating the townhome lots and common lot area as well as dedicating the necessary utilit easements to serve the units. The plat of this property cannot be filed until the easement is vacated, so the earliest a plat could be presented to the Council is July 1, 1985. The plat submittals should include homeowners association documents covering the project. Having no one else present thta wished to be heard, President Postier closed the hearing. Alderman Strain had a concern about the storm shelter. Alderman Bluhm stated that he is building 12 townhomes and could build 24 the only requirement is made by the Council in a PUD. Alderman Strain stated that the PUD put this in because of the safety for families and that is his concern. President Postier stated that half of this shelter would be -built in a sidehill. Alderman Strain questioned if this is adequate. Having no further discussion, Solinger moved, Bluhm second to approve the PUD and adopt Resolution No . 307-85. Ayes (6), Nays (1). Alderman Strain voted nay. Motion carried. B-13 A Hearing on the Final PUD Plan for Bluegrass Townhomes on Lot 2, Block 1, The Hylands. Wishing to be heard was Christopher Colby, Architect from Rochester, Minnesota and he apepared on behalf of Schmidt/Finstrom, Inc. of 121 .14th Street N. E., the applicants. Mr. Colby was present for any questions the Council may have about this PUD. Alderman Solinger asked Mr. Colby if the conditions that were placed on the PUD were agreeable. Mr. Colby stated that they were. Alderman Strain asked about the storm shelters. Mr.Colby RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2442 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item B-13 stated that they would have storm shelters above ground and that this concept has been approved by the Building Department of the City. Having no further questions by the Council, and no one else present that wished to be heard, President Postier closed the hea Bluhm moved, Solinger second to instruct the City attorney to pre- pare an ordinance for adoption. Ayes (7),Nays (0).Motion carried. Resolution No. 308-85 was also adopted. B-14 A Hearing on the Final Plat of Cimarron Five. Having no one present that wished to be heard, Duffy moved, Strain second to continue the hearing until June 17, 1985. Ayes (7), Nays (0).Motion carried. B-15 A Hearing on the Proposed Assessment on Project No. 6216-3-71 J8372 - Street Improvements in 16th Street S. W. from T.H. 63 West Line Graham Addition. This is for plat 3836 Parcel 00200- deferred assess- ment in the amount of 2,427.00. Resolution No. 309-85 was adopted. Ayes (7), Nays (0).Motion carried. B-16 A Hearing on the Proposed Assessment on Project No. 6706 J 8183, 8184, & 8185 - Water Tower and Trunkmain to serve Low District S. W. - Rochester ( Apache ). Plat 6706 Parcel 00200. This is for a deferred assessment in the amount of $520.00. Having no one present that wishe to be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 310-85 accepting the assessmen Ayes (7), Nays (0). Motion carried. B-17 A Hearing on the Proposed Assessment on Project No. 7101 J 8359 - Sewer and Watermain to serve Minnesota Bible College - Deferred Assessment in the amount of $240.00. This is for plat 3836 Parcel 00200. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 311-85 accepting the assessments. Ayes (7), Nays (0). Motion carried. E-1 Duffy moved, Allen second to remove the Purchase Option Agreement on Witter/Rodman Property - 100 First Avenue Bldg. from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Duffy second to approve the agreement in the amount of $7,703.53 and authorize the Mayor and the City Clerk to sign said agreements. Ayes (7), Nays (0).Motion carried. Res. 312-85 was adopted. E-25 Allen moved, Bluhm second to adopt Resolution No. 313-85 approving a resolution by the Public Utility Board to approve the electric rate tariffs for the following: Residential; General Service; Large General Service and including the Interruptible and Peak Reduction Rate - Large Industrial - City Street, Lighting Highway, & Security Lighting ; Civil Defense Sirens and Energy Acquisition Adjustment. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to the Home Rule Charter of the City of RochestE Repealing Section 103.5 thereof was given its first reading. ing. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2443 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 3, 1985 Agenda Item F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 1659 to R-1 Low Density Residential in Westway Manor First Sub. This was given its first reading. F-1 An Ordinance Rezoning certain property creating a PUD -R-82 and Amending Ordinance No. 1659 to -Residential in Lot 1, Block 1 Valley High Village Subdivision. This was given its first reading. F-1 An Ordinance Rezoning certain property creating a Planned Unit Development District known as PUD-R-81 and Amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester (PUD-R-81 Residential ) Lot 2, Block 1, Hylands Subdivision was given its.first reading. Solinger moved, Duffy second to suspend the rules and give this Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property and amending Ordinance 1659 to Rezone to R-3, Medium Density Residential on Lots 1,2,3, and 4 , Gateway Addition was given its first reading. Bluhm moved, Powers second to suspend the rules and give the Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhm, Duffy, Powers, Solinger Strain and President Postier voted aye. Ayes (7), Nays (0). and the Ordinance was given its second reading. Duffy moved, B,luhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to Limousine Franchises; awarding a non- exclusive Franchise for a period through June 30, 1988, to Duane Wilson D/B/A White Glove Limousine Service; Amending the Rochester Code of Ordinances, Chapter 97 by adding a section thereof was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no furthe business, Bluhm moved, Powers second to adjourn the meeting until 4:30 P.M. on June 10; 1985 in om 4 of City Hall. Ayes (7),Nays (0).Motion carried,, r City Clerk Information 1. Committee of the Whole minutes of 4-29-85 and 5-20-85.