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2456
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1. 1985
Agenda
Item � ,
A-1 President Postier called the meeting to order at 2:00 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers and Solinger. Absent: Alderman Strain.
Powers moved, Bluhm second to approve the minutes of the June 3, 1985
meeting. Ayes (6), Nays (0).Motion carried.
D-1 Allen moved, Bluhm second to acknowledge the filing of the rate in-
crease request brought to the City by Group W and refer it to the
Cable TV Advisory Board and City staff for review and recommendation.
Ayes (6), Nays (0).Motion carried.
D-2 Solinger moved, Powers second to adopt Resolution No. 342-85
referring the petition for extension of sewer and watermains to
serve property in southwest Rochester submitted by John Klopp
and Michael Younge to the Public Services Department for a feasibilit;
report. The description of the improvements.are as follows:
San. Sew. tkln from Green Meadows Pump Station to the South Line of
Sec. 4, plus Watermain Tkln from the S.W. High Level Water Tower
to the North Line S.E. 1/4 , Sec. 4-106-14 and the ext. of San. Sewer
thru the property parallel with the watermain alignment ( see
attached map ). Ayes (6), Nays (0). Motion carried.
D-3 Powers moved, Duffy second to adopt Resolution No. 343-85 referring
the petition for Sewer and Water connections to serve the following
property to the Public Services Department for a feasibility report.
" Don Prow Cement Company at 516 17th Avenue N. W. and Regency West
Motel located at 510 17th Avenue N. W. Ayes (6), Nays (0).Motion
carried.
E-1 A request -for Cascade Lake Development proposal was.discussed by
the Council. Alderman Powers would like to look at more information
before he makes a decision. Alderman Solinger stated that with
the situation and conditions as presented, he is not in favor of
this project, but he thinks something should be done in the area.
Alderman Bluhm stated that he wants more answers to the project.
President Postier questioned the developer, Steve Schuller of
2212 Lenwood Drive S. W. " Why did you bring this back to the Council
the same as before without making any changes?" Mr. Schuller stated
that they need to have action on the proposal and this is the best
one that they have had. Having no further comments, Solinger
moved, Duffy second to deny the proposal. Ayes (5), Nays (1).
Alderman Allen voted nay. Motion carried. Alderman Allen stated
for the record that he voted against the motion. He is sure that
a high density development will be proposed in the future and he
would prefer a one family - development.
E-2 Powers moved, Duffy second to approve the request received from
Mound, Minnesota to enter into a Joint Powers Agreement for $100,000.
of the 1985 Rochester IRB allocation subject to Mound securing
sufficient total financing to undertake its project. Ayes (6),
Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE*COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
24,57
Agenda
Item
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Regular Meeting No. 6 - July 1,.1985
Solinger moved, Powers
hours to 10:00 A.M. as
of beginning sales will
Motion carried.
second not to: change the Sunday liquor sales
the State of Minnesota allows. The hours
remain at 12:00 noon. Ayes (6), Nays (0).
Solinger moved, Powers second to approve the Agreement for transfer
of Entitlement funds in the amount of $515,380.00 designated to be
used at the Rochester Airport to the City of -Red Wing. The use of
the funds were to be used for airport improvements within a three
year period, and Rochester has no plans to be implemented within
this period. Ayes (6), Nays (0).Motion carried.
Duffy moved, Solinger second to approve the payment of $6,010.58 to
Miller-Dunwiddie Associates, Inc. of Minneapolis, Minn. for services
rendered the Rochester Municipal Airport for hangar remodeling
services. Ayes (6), Nays (0).Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 344-85 authorizi
,the Mayor and City Clerk to execute the agreements with Mesaba and
Midstate Airlines between and City of Rochester and -Rochester
Municipal Airport. Ayes (6), Nays (0).Motion carried.
Duffy moved, Powers second to adopt Resolution No.345-85 authorizing
the City Clerk to advertise for bids on State Project No. 5501-53,54,
AIP ProjectNo. 3-27-0084-01, 1984 Runway 13/31 Construction; Panel
Reconstruction, Edge Drains, Grooving and Marking for the Rochester
Municipal Airport . Bids to be opened at 11:00 A.M. on June 26, 1985.
Ayes (6), Nays (0).Motion carried.
Bluhm moved, Powers second to approve the following licenses & bonds:
Request received from the R.W. Johnson Company, Incorporated for
their application for a license to Construct Asphalt Sidewalks, Curbs
and Gutters and Driveways in the City of Rochester for a period
ending Dec. 31, 1985.Request received from Lorenz Excavating,
Kasson for a Sewer and Drain license in the City of Rochester for
a period ending Dec. 31, 1985. Request received from St. Pius X
church for a'Single Dance license to be held at St. Pius X church
for a wedding. Request received from Valley Street Machines,
Rochester for a Temporary On -Sale Non -Intoxicating 3.2 beer license
for a 50's dance to be held at Graham Arena on June 28. Prior approv-
al was given on this license. Ayes (6), Nays (0).Motion carried.
Powers moved, Solinger second to grant a 30 day extension on the
On -Sale Liquor License renewal for Villa Foods DBA Edwardo's
located at 530 llth Avenue N. W. This time is granted to him for
obtaining a building permit, etc. Ayes (6), Nays (0).Motion carried.
Powers moved, Bluhm second to deny the request received from the
Tick Tock Motel for an On -Sale Non -Intoxicating Malt Liquor Li.cense.
This is located at 1600 Marion Road S. E. Ayes (6), Nays (0).Motion
carried.
2458
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1. 1985
Agenda
Item
E-11 Powers moved, Duffy second to approve the Accounts Payable (list
attached ) in the amount of $935,691.09. This is a semi-monthly
list. Ayes (6), Nays (0).Motion carried.
E-12 Powers moved, Duffy second to adopt Resolution No.346-85 authorizing
the City Clerk to advertise for bids on the season's suply of rock
salt for the Street and Alley Division. Bids to be opened at 11:00
A.M. on July 24, 1985. Ayes (6),'Nays (0).Motion carried.
E-13 Duffy moved, Bluhm second to instruct the City Attorney to prepare
an Ordinance approving a petition for annexation by Ordinance of the
Single Family Home at 210 17th Street S. W. Ayes (6), Nays (0).
Motion carried.
E-14 Bluhm moved, Allen second to adopt Resolution No. 347-85 approving
a request for a Metes and Bounds conveyance of a portion
of Lot 2, Block 1, Northgate 1st Replat to unplatted land - Phillip
Henoch of 316 1st Avenue S. W. Ayes (6), Nays (0).Motion carried.
E-15 Powers moved, Solinger second to adopt Resolution No. 348-85 setting
a date for hearing to be August 5, 1985 on the petition to vacate
the 5 foot utility easement located on the south line of the property
at 4112 19 112 Lane N. W. ( Michael and Margaret McDonald ).
Ayes (6), Nays (0).Motion carried.
E-16 Solinger moved, Allen second to adopt Resolution No. 349-85 requestin
the State of Minnesota - Department of Transportation - to participat
to a larger extent in the funding of the T.H. 52 , 41st Street N. W.
interchange project. The cost of ROW would be shared as follows:
38% State Share and City Share 62% for a total of $4,252,924.00.
Ayes (6), Nays (0).Motion carried.
E-17 Duffy moved, Bluhm second to instruct the City Attorney to prepare
an Ordinance establishing a metered parking zone on the south side
of the East Center Street bridge. Ayes (6), Nays (0).Motion
carried.
E-18 Powers moved, Allen second to adopt Resolution No. 350-85 approving
the proposal of McGhie and Betts for engineering services for
Project No. 7002-85 J 8910 - Sanitary Sewer and Watermain Extension
to serve Gateway Addition. Ayes (6), Nays (0).Motion carried.
E-19 Solinger moved, Allen second to adopt Resolution No. 351-85 and
352-85 declaring the cost to be assessed and ordering a hearing to
be held on August 5, 1985 on Project No. 6209-2-85 J 8882 -
Grading, Surfacing, Curb and Gutter on 9th Street S. E. from 3rd
Avenue to 4th Avenue S. E. Ayes (6), Nays (0).Motion carried.
E-20 Powers moved, Solinger second to adopt Resolution No. 353-85
ordering the project to be made and authorize the City Clerk to
advertise for bids on Project No. 7002-0-85 J 2143 - Construction
of Sanitary Sewer Trunkline in 16th Street S. E. from the Chicago
and Northwestern Railroad Tracks to 3rd Avenue S. E. Ayes (6),
Nays (0).Motion carried. Bids to be opened at 11:OO A.M. July 31,198
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2459
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1, 1985
Bluhm moved, Powers second to adopt Resolution No. 354-85 accepting
the low bid of $33,921.60 submitted by Kinseth Construction Co.
of Stewartville, Mn. on Sidewalk Replacement Project No. 1- 1985
J 8899. Ayes (6), Nays (0).Motion carried.
Duffy moved, Bluhm second to adopt Resolution No. 355-85 awarding
the low bid of $39,914.60 to Kindseth Construction of Stewartville,
Mn. on Sidewalk Replacement Project No. 2-1985' J 8901. Ayes (6),
Nays (0).Motion carried.
Solinger moved, Allen second to adopt Resolution No. 356-85 awarding
the low bid of-$32,344.45 to Kindseth Construction of Stewartville,
Minnesota on Sidewalk Replacment No. 3- 1985 J 8904. Ayes (6),
Nays (0).Motion carried.
Allen moved, Bluhm second to adopt the following resolutions of the
Public Utility Board:
Resolution No. 357-85 approving a purchase order agreement with
Interstate GMC Truck for furnishing cab and chassis. The amount
is $32,179.00
Resolution No. 358-85 approving a purchase order agreement with
Emergency Powers Engineering, Inc. for 1- 20 KVA uninterruptible
power supply in the amount of $28,555.00.
Resoution No. 359-85 approving a Supplemental Agreement No. 2 to
Electric Service agreement. This is with Franklin Heating Station
of Rochester, Minnesota.
Resolution No. 360-85 approving Supplemental Agreement No. 5 to the
Electric Service agreement with St. Mary's Hospital, Rochester,
Minnesota.
Resolution No. 361-85 approving a contract agreement with Rochester
Armored Car Company for car service. The amount of the 2-year
contract is to be $297.37 per month with renewal option on a year to
year basis.
Ayes (6), Nays (0).Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 362-85 approving
an amended agreement to lease six long term spaces and six temporary
spaces in the 2nd Street Ramp for Fontaine Towers. The lease is
with Olympus Ltd. Rochester, Minnesota . The spaces will be leased
for $38:00 per month. Ayes (6), Nays (0).Motion carried.
Duffy moved, Powers second to adopt Resolution No. 363-85 amending
Paragraph 133.5 Section B " No Parking Zones"to read - " 6th Street
S. W. on the north side from 14th Avenue to the East Frontage Road
of Trunk Highway 52 between 7:00 A.M. and 6:00 P.M. Ayes (6),
Nays (0).Motion carried.
2460 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1, 1985
Agenda
Item
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An Ordinance Annexing to the City of Rochester lands in Golden Hill
Addition, Rochester, Mn. of a single family home located at 210
17th Street S. W. This was given its first reading.
An Ordinance Relating to Parking Regulations; providing for parking
on certain Bridges within the City of Rochester; amending the
Rochester Code of Ordinances, Sec. 134.10 was given its first reading
Allen moved, Duffy second to suspend the rules and give this a second
reading. Upon roll call vote, Aldermen Allen, Bluhm, Duffy, Powers,
Solinger and President Postier voted aye. Ayes (6),Nays (0).Motion
carried. The Ordinance was given its second reading. Duffy moved,
Allen second to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried.
An Ordinance Relating to public dances and dancing in certain
licensed establishments; providing for the issuance of permits;
establishing fees; amending the Rochester Code of Ordinances, by
adding a Chapter thereto; amending the Rochester Code of Ordinances
Sections 125.32 and 126.14 was given its second reading. Bluhm
moved, Powers second to adopt the Ordinance as read. Ayes (6),
Nays (0).Motion carried.
An Ordinance Rezoning certain property to R-1: Of portions
of lots 6,7,8 and 9 and Outlot A, Westway Manor. This was given its
second reading. Powers moved, Bluhm second to adopt the Ordinance
as read. Ayes (6),Nays (0).Motion carried.
Allen moved, Powers second to adopt Resolution No. 364-85 approving
an owner contract for basic construction in Cimarron Fifth Subdivisio
This is together with Phase II of Cimarron Fourth - Western Walls and
Fraser Construction Company. Ayes (6),Nays (0).Motion carried.
Bluhm moved, Allen second to adopt Resolution No. 365-85 approving
an owner contract with McGhie and Betts for Relocation of Apache
Drive near its intersection with 16th Street S. W. This is with
MEPC - Apache Mall. Ayes (6), Nays (0).Motion carried.
Solinger moved, Powers second to remove the request for a Liquor
License for Recreation Lanes, Rochester, Minensota from the table.
Ayes (6), Nays (0).Motion carried. Powers moved to approve the
issuance of this license subject to them receiving a certificate
of occupancy. This motion died for lack of a second. Alderman
Solinger stated that he did not second the motion because the
Recreation Lanes still does not have a private dining room and
Alderman Solinger feels that is important in order to secure this
type of license. Alderman Bluhm wondered if the Colonial Lanes
had a private room. President Postier stated that as far as he
was concerned the plans did not show a private dining room and
he doesn't think they have room to build one. Having no further
discussion, Solinger moved, Bluhm second to deny the request.
Ayes (5),Nays (1). Alderman Powers voting nay. Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL . 2461
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1, 1985
' Agenda
Item
G-2 Duffy moved, Powers second to remove the tabled item of a resolution
submitted by the Public Utility Board requesting Council approving
on awarding a low bid of $181,894.30 to Elcor Enterprise, Rochester,
Minn. This is for installation of a Feeder 714 Underground Electric
Duct.. Ayes (6), Nays (0).Motion carried. Duffy moved, Bluhm second
to approve the resolution. Upon Roll call vote, Aldermen Bluhm,
Duffy and President Postier voted aye. Ayes (3). Aldermen Allen,
Powers and Solinger voted nay. Nays (3). Because of a tie vote,
This motion did not carry. Allen moved, Duffy second to table this
until a full Council is present ( evening meeting ). Ayes (6), Nays
(0). Motion carried.
H-1 Alderman Powers congratulated Alderman Solinger and Mayor Hazama
for the fine job they did in organizing Rochesterfest '85. It was
a lot of work and the Council appreciates it. The attendance was
good and people of the City had a good time.
The event of KWEB Crusin night was brought up by the Council. This
event is not following any rules and regulations as far as parading
the cars. 'Mayor Hazama had to personally police some of the action
up`to midnight and Aldermen thought this should not have happened.
Bluhm moved, Allen second to instruct the City Administrator to
look into this event and ask the sponsor to set up a different
format or something in order to make this event more planned and
orderly. Ayes (6),Nays (0)•.Motion carried.
Having no further business, Powers moved, Allen second to adjourn
the meeting until 7:30 P.M. Ayes (6), Nays (0).Motion carried.
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.
B-1 A Hearing on the Final Plat of Pinewood Second Subdivision. Having
no one present that wished to be heard, President Postier closed the
hearing . Powers moved, Bluhm second to adopt Resolution No. 366-85
approving the plat. Ayes (7), Nays (0).Motion carried.
B-2 A Hearing on the Final Plat of Westway Manor Second Subdivsion.
Having no one present that wished to be heard, President Postier
closed the hearing. Allen moved, Powers second to approve the
plat with the condition that access to Lot 21 is to be be allowed
from 35th Avenue N. W. Ayes (7), Nays (0).Motion carried.
Resolution No. 367-85 is adopted approving the plat.
B-3 A Hearing on the Final Plat of 37th Street Business Park. Having
no one present that wished to be heard, President Postier closed
the hearing. Bluhm moved, Allen second to adopt Resolution No. 368-8
approving the plat. Ayes (7), Nays (0).Motion carried.
B-4 A Hearing on the Final Plat of Tealstone. Wishing to be heard
was Walter Paulson of 1620 6th Avenue S. W. He is opposed to this.
He always has been. He feels that flooding will still occur and
2462 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 6 - July 1, 1985
Agenda
Item
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this year the dust was bad. Having no one else present that wished
to be heard, President Postier closed the hearing. Powers moved,
Bluhm second to adopt Resolution No. 369-85 approving the plat.
Ayes (7), Nays (0).Motion carried.
A Hearing on the Commission Initiated Land Use Plan Amendment from
Commercial to Medium Density Residential on Lots 1-4, Gateway
Addition. Robert Richards of 1312 Marion Road S. E. wished to be
heard and is opposed to this. He is worried about the water run-
off. He does not want a trailer court in the area. Planning Staff
for the City stated that a meeting was held on June 26, 1985 and
a mobile home court was approved for the site at that meeting.
Wishing to be heard was Duane Johnson of 1262 Marion Rd. S.E.
He is opposed to a trailer court being put in the area. Wishing to
be heard was Pat Jordon of 1258 Marion Rd. S.E. He was inquiring
about the notices on various things that he received for the
area. President Postier stated that some of them were notices of
Rezoning and Planning hearings. Having no one else present that
wished to be heard, President Postier closed the hearing. Powers
mvoed, Strain second to adopt Resolution No. 370-85 approving the
amendment. Ayes (7), Nays (0).Motion carried.
A Hearing on the Commission Initiated Land Use Plan Amendment from
Commercial to Low Density Resdiential on parts of Lots 6-9, Block 3
and Outlot A of Westway Manor. Having no one present that wished
to be heard, President Postier closed the hearing. Bluhm moved,
Solinger second to adopt Resolution No. 371-85 approving the
amendment. Ayes(7), Nays (0).Motion carried.
A Hearing on the Proposed Assessments on Project No. 6200-W-84 J 8531.
Street Reconstruction on West Center Street from 4th to 16th Avenue
West. Wishing to be heard was Rosie Savage of 818 West Center
Street. He stated that she would like the driveways deleted from
the project and not be assessed for them because they were good.
Wishing to be heard was Bill Jett of 1117 West Center Street.
He is opposed to this project and questioned the Public Services
Department on the assessment figures. Public Services explained
the method to his satisfaction. Roger Plumb of Public Services
explained that the state money used for this project was a refund
of gas tax paid to the state and that made the project less for
each resident. Mr. Jett also spoke for a neighbor who lives at
928 West Center and 1004 West Center. They are senior citizens
and cannot afford the assessments. They are also opposed.
Wishing to be heard was Stephanie Podulke of No. 1 llth Ave. N. W.
She stated that half of her property is commercial and half re-
sidential and the assessment is based entirely on commercial. She
would like to have this refigured. Mr. Plumb stated that it is
zoned commercial, that is why they 'figured it on a commercial
rate. However after Council discussion, they instructed Public
Services to refigure this and use the ratio of what property
belonged to business as such and residential the amount they should
have.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 24G
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No_ 6 - July 1, 1985
Agenda
Item
B-7 Wishing to be heard was Francis Maloney of 1301 West Center Street.
She is also opposed. She stated that they did a poor job laying
the sod. She has holes, and uneven pieces. Also, her new sidewalk
was damaged by the construction people and she does not want to pay
for that. Public Services were instructed to investigate the
situation and reduce the assessments accordingly. Various other
citizens in the area voiced the same complaint on the poor sod.
Wishing to be heard was Suzanne Touhy of 3 12th Avenue S. E.
She was also complaining about the poor sod and that a part of the
sidewalk replaced was put on another persons property. Public
Services will check this situation also. Having no one else present
that wished to be heard, President Postier closed the hearing.
Duffy moved, Bluhm second to adopt Resolution No. 372-85 approving
the assessment subject to Public Services Department reworking
some of the assessments as they investigated the situations.
Ayes (7), Nays (0).Motion carried. Letters received in opposition
were from the following: H & R Company of 18'Viking Dr. Englewood
Co. They have interest in property located at W 55Ft. E110Ft. S.
1 /2 Outlot 10, they share a driveway and do not want the entire
assessment billed to them.
B-8 A Hearing on the proposed assessment on Snow Removal for the
period January 1, 1985 thru June, 1985. Wishing to be heard was
Rosie Savage and represented Dr. Robert Gores property. She
stated that they hire a snow removal service and have paid them
for all the dates that the Public Services Department stated that
they removed snow. She is opposed to the City assessment.
Having no one else present that wished to be heard, President Postiei
closed the hearing. After Council discussion, Alderman Solinger
moved, to accept the assessment and exempt the properties as outline(
by Ms. Savage and refer that matter back to the Public Services
Department to check on the dates. This motion died for lack of a
second. Roger Plumb, Public Services Director stated that the
City plows snow to the middle of the street so they should not
have snow plowed on the sidewalk due to the City plowing after they
remove snow from the sidewalk. Duffy moved, Strain second to
approve the assessment and adopt Resolution No. 373-85. Ayes (7),
Nays (0).Motion carried.
F-1 An Ordinance Relating to the Home Rule Charter of the City of
Rochester; Repealing Sec. 103.05 Thereof was given its second
reading. Allen moved, Bluhm second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
G-2 Solinger moved, Duffy second to remove the request received from
the Public Utility Board approving a contract agreement with
Elcor Enterprises, Inc. for installation of Feeder 714 Underground
Electric Duct. The amount of the contract is $181,894.30 from the
table. Ayes (7), Nays (0).Motion carried. Duffy moved, Bluhm
second to,adopt Resolution No. 374-85 approving the agreement.
Alderman B-luhm stated that he is voting in favor of this resolution
because of the opinion of Fred Suhler, Jr., City Attorney.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Reqular Meeting No. 6 - July 1, 1985
Alderman Strain also stated that he is satisfied with the awarding
of the contract to Elcor based on the opinion of the City Attorney
and the report received from the Public Utility Department.
Alderman Bluhm was still concerned about the filing of the prevailing
wage schedule and stated that if this is not something the City
would have on file, then it should be removed from the regulations
that require it to be done. Upon roll call vote, Aldermen Bluhm
Duffy, Strain and President Postier voted aye. Ayes (4), Al.dermen
Allen, Powers and Solinger voted nay - Nays (3). Motion carried
and the contract was granted.
Having no further business, Powers moved, Strain second to adjourn
the meeting. Ayes (7), Nays(0).Motion carried.
C
ty Cler
Information - 7-1-85
1. Committee of the Whole Minutes 6-24-85
2. Notice of Claim - Joe. Coleman - Referred to the City Attorney
and Finance.
1