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HomeMy WebLinkAbout08-05-1985RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 24?5 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 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, Duffy, Powers, Solinger and Strain. Alderman Bluhm arrived at 2:12 P.M. Absent : None after Item E-9. Allen moved, Powers second to approve the minutes of the July 1 and 15, 1985 meetings. Ayes (6), Nays (0).Motion carried. C-1 Powers moved, Solinger second to approve the appointment of Steven Johnston to fill the position of lieutenant in the Police Department effective August 1, 1985. This position replaces John Laivell who retired. Ayes (6),Nays (0).Motion carried. C-2 Duffy moved, Powers second to approve the appointment of Randy Mohawk to fill the position of police officer in the Police Depart- ment effective September 3, 1985. Mr. Mohawk replaces Steven Johnston who was promoted to the Position of Police lieutenant. Ayes (6), Nays (0).Motion carried. E-1 Solinger moved, Strain second to approve the submission to the Department of Economic Development of a letter of intent to utilize the 1985 IDB allocation together with a 1% deposit of $26,360.66. Ayes (6), Nays (0).Motion carried. E-2 Powers moved, Allen second to adopt Resolution No. 401-85 calling for a, public hearing scheduled for August 19, 1985 at 7:30 P.M. to consider making an application to the State Small Cities Economic Development Program for the China Wall Foodstuffs, Inc. Ayes (6), Nays (0).Motion carried. E-3 Duffy moved, Solinger second to adopt Resolution No. 402-85 authoriz ing the Mayor and the City Clerk to execute the mutual agreement with the following municipalities: Rochester, Byron, Chatfield, Dover, Eyota, Oronoco, Pine Island and Stewartville and appoint Chief Orville Mertz as the City's representative on the Olmsted County Mutual Aid Association. Ayes (6),Nays (0).Motion carried. E-4 Allen moved, Solinger second to approve the following licenses & bon( Application received from LeRoy A. Wood Construction, Inc. for a license to construct cement sidewalks, curbs and gutters and driveways for the period ending December 31, 1985. Application received from Mr. P's # 2 and # 3 supermarket - formerly Erdman's Supermarkets at Hillcrest and Silver Lake Shopping Centers. This is for a license to sell cigarettes over-the-counter. This is for a period ending April 1, 1986. Application received from Ken Herold Blacktop of Rochester for approval of a license to construct Asphalt sidewalks, curbs and gutters and driveways in the City of Rochester for a period ending December 31, 1985. Application received from the V.F.W. American Legion for a temporary On=Sale Non Intoxicating Malt Liquor"license for August 18. Also for the same t e mporary license an application was received from the St. Anargyroi Greek Orthodox Church for August 25, 1985. Is: 4- 76 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 1985 Agenda Item E-4 -E-5 E-6 E-7 E-9 Application recived for a Temporary -On: -Sale Malt Liquor license from the March of Dimes for...Sep,tember-8,1985 at, the Grandstand Area of the Olmsted County Fairgrounds ( Sept...15, 1985 is the rain date ) and an Application received from the Greenway Coop Services Company for approval to sellcigarettes•_over-the-counter at 545 16th Avenue N. W. Ayes (6), Nays (0.).Motion carried. Strain moved, Powers second to approve the Reapplication for an On - Sale Intoxicating Liquor License submitted by the Recreation Lanes, Incorporated. It was felt that.the establishment had the adequate needs for a kitchen, -and the seating capacity was acceptable. Ayes (4) ,Nays (2), Aldermen Allen and Solinger voting nay. Motion Carrie, Duffy moved, Strain second to approve the -transfer of the Off -Sale Non -Intoxicating Malt Liquor licenses from Erdman's,Super Markets located at Hillcrest and Silver Lake Shopping Centers to Mr. P's Markets located at the Hillcrest and Silver Lake Shopping Center. This is effective until April 1, 1986. Ayes (6), Nays (0).Motion carried. Solinger moved, Strain second to approve the request for a Sound Amplification Device Permit submitted by Alfredo's located at 400 South Broadway. The sound level being established by staff using the acceptabl6 Aecibel level as the traffic department uses for traffic and discontinue the amplification at 10:30 P.M. Ayes (6), Nays (0).Motion carried. Allen moved, Solinger second to instruct the City Attorney to prepare an Ordinance waivering the provision that prohibits such devices between 8:00 P.M. and 8:00 A.M. and use the 10:30 P.M. request. Ayes (6), Nays (0).Motion carried. Duffy moved, Strain second to approve the accounts payable in the amount of $1,941,999.82. This is submitted semi-monthly. List is attached. Ayes (6),Nays (0).Motion carried. Alderman Bluhm arrived - 2:12 P.M. Duffy moved, Allen second to adopt the following resolutions regardin the assignment of additional securities: Resolution No. 403-85 $3,207,168.29 in collateral in lieu of a depository bond and releases in the amount of $-0- from Minnesota Federal Savings Bank of Rochester, Minn. Resolution No. 404-85 in the amount of $-0- in collateral in lieu of a depository bond.and releases in the amount of $3,360,740.66 from the Norwest Bank of Rochester, Minneoota. Resolution No. 405-85 in the amount of $32,873,109.53 in collateral in lieu of a depository bond and releases in the amount of $31,107,47 from the United Financial Savings Bank of Rochester, Minnesota. .94 J RECORD OF OFFICIAL PROCEEDINGS OF.THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2477 Reqular Meetinq No. 9 - August 5. 1985 Agenda Item E-9 Resolution No. 406-85 in'the amount of'$50,000.00 in collateral in lieu of a depository bond and re leases in the amount of $500,000.00 from the First�Bank , Rochester, Minn. Resolution No. 407-85 in the amount of $900,000.00 in collateral in lieu of a depository bond"and releases in the amount of $900,000.00 from the Marquette Bank and Trust Company of Rochester, Minnesota. Resolution No. 408-85 in the amount of $-0- in collateral in lieu of a depository bond andreleases in the amount of $3,178,404.00 from the Home Federal Savings Bank of'Rochester, Minnesota. Resolution No. 409-85 in the amount of $2,031,650.00 in collateral in lieu of a depository bond and releases in the amount of $3,828,750.00 from the Twin City Federal Savings and Loan Associa.• tion of Rochester, Minensota. Ayes (7), Nays (0).Motion carried. E-10 Powers moved, Solinger second to adopt Resolution No. 410-85 awarding the contract to the low bidder of International Salt Company for furnishing the deicing rock salt for the Street and All Division for the season. The price is $26.82 per ton. Ayes (7), Nays (0).Motion carried. E-11 Powers moved, Allen second to adopt Resolution No. 411-85 approving the Management Agreement for Management and Operation of Low Rent Public Housing and Section 8 Leasing Program (HRA). This is between the HRA, City and County. Ayes (7), Nays (0).Motion carried. . E-12 Allen moved, Powers second to adopt Resolution No. 412-85 approving the Variance to Section 31.26 , Subdivision 3, Paragraph 4 of the Subdivision Ordinance to allow the metes and bounds conveyance of unplatted land located west of Kings Run Car Wash at 4150 N. Highway 52. This is subject to a letter from Mr. Pennington stating that a plat will be submitted and that it will include a dedication for a public street right-of-way and built. Roger Plumb, Public Services Director asked if 23rd Avenue would be approved. Mr. Don Borcherding of Yaggy Associates located at 707 3rd Avenue S. E. was present and responded to Mr. Plumb stating that they were not planning to improve 23rd Avenue at this time. Having no further discussion, vote was taken. Ayes (7), Nays (0).Motion carried. E-13 Powers moved, Strain second to adopt Resolution No. 413-85 setting a hearing date for September 4, 1985 on the # 85-19 Petition to vacate the 4' utility easement located along the east lot line of Lot 14, Brookside Subdivision being the property at 1013 10 1/2 St. S. E. Ayes (7), Nays (0).Motion carried. 2478 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 1985 Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 Strain moved, Solinger second to adopt Resolution No. 414-85 setting a date for hearing to be September 4, 1985 and accepting a feasib- ility report on Project No. 5403-85 J 8912 - Sanitary Sewer and Watermain Extension in the East Service Drive Trunk Highway No. 52 from 4th Street N. W. to approximately 450 feet north. Ayes (7), Nays (0).Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 415-85 and 416-85 accepting the feasibility report and ordering a public hearing to be held on September 4, 1985. This is for Project No. 6303-1-85 J 8914 - Extension of Sanitary Sewer and Watermain in East River Road from East River Lane to the North line of Lot 33 Christensen- Sehl Subdivision. Ayes (7)-, Nays (0).Motion carried. Solinger moved, Powers second to approve setting a hearing date of August 19, 1985 to consider the CY 1986 transit assistance funding . Ayes (7), Nays (0).Motion carired. Bluhm moved, Powers second to adopt Resolution No. 417-85 approving the execution of a contract for CY85 Transit Operating Assistance/ Urban Mass Transportation Administration in the amount of $335,120.0( The funds provide for the 50% of the deficit towards fixed route and dial -a- ride services. This contract is with U.S. D.O.T. Urban Mass Transportation Administration for Federal Proejct No. MN-90- X009 and MN 05-4049. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 418-85 accepting the proposal from McGhie and Betts, Inc. to provide engineering services on City Project No. 7503-12-84 J 4946 Bikepath along 16th Street S. E. from llth Avenue to Bear Creek. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to adopt Resolution No. 419-85 covering the following: 1. Amend Paragraph (46) of Section B, No Parking Zones to read: (46) Second Street Northwest on the South side from North Broadway to 1/2 Block West of Broadway - at all times. 2. Add Paragraph (15) to Section H., Limited Parking Zones, Zone G 3 hour Parking , to read: (15) Second Street Northwest on the North side from North Broadway to First Avenue. 3. Add Paragraph (13.5) to read: (13.5) Second Street to First Avenue. to Section I, Parking Meters, Zone G., 3 hr. N. W. on the North side from North Broadway Ayes (7), Nays (0).Motion carried. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 1985 Agenda Item E-20 Bluhm moved, Duffy second to adopt Resolution No. 420-85 adding paragraph (11.5) to Section E.,.Passenger Loading Zones to read: (11.5) West Center Street, on'the north side, 25 feet more or less in front of the premises known as 1313 West Center Sreet, between 6:00 A.M. and 6:00 P.M., Monday thru Friday ( one stall ). Ayes (7), Nays (0).Motion carried. E-21 I Solinger moved, Duffy second to adopt Resolution No. 421-85 covering the following: 1. Delete paragraphs (35.5) (37) and (38) of Section B, No Parking Zones. 2. Add Paragraphs (34) to Section B, No Parking Zones to Read: (34) First Stret S. W. on the south side from 7th Avenue to 16th Avenue - 7:00 P.M. Monday to 3:00 P.M. Tuesday. 3. Amend Paragraph (35) of Section B, No Parking Zones to read: (35) First St. S. W. on the north side from 7th Avenue to 16th Avenue, except that parking is allowed from 3:00 P.M. on Monday to 7:00 P.M. on Tuesday.. Ayes (7), Nays (0).Motion carried. E-22 Bluhm moved, Solinger second to adopt Resolution No. 422-85 awarding the low bid of $9,662.50 to Leon Joyce Construction Company of Rochester, Minensota for Project No. 6304-2-85 J 8891 - Re- construction of Sanitary Sewer Line in the 400 Block of 4th Avenue S.E. Ayes (7), Nays (0).Motion carried. E-23 Powers moved, Allen second to adopt Resolution No. 423-85 awarding the low bid of $83,360.50 to Fraser Construction Company of Rochester, Minnesota for 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 (7), Nays (0).Motion carried. E-24 I This was considered at the 7:30 P.M. meeting. E-25 I Duffy moved, Strain second to approve the following resolutions approved by the Public Utility Board: Resolution No. 424-85 approving a purchase agreement with ABM Equipment & Supply, Inc. for one Reach -All Digger Derrick for the amount of $56,200. Resolution No. 425-85 approving expenditures up to $21,562. to fund the 1986 REDI budget. Resolution No. 426-85 approving entering into a professional services agreement with Toltz, King, Duvall, Anderson and Associates. Inc. for architectural and engineering services in connection: with the RPU general office and service center. Total is $85,700.00. Ayes (7), Nays (0).Motion carried. Agenda Item E-26 G-1 G-2 H-1 A-1 Jl B-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 1985 Powers moved, Allen second to adopt Resolution No.426A'-85 approving the execution of the amend Phase II Agreement and Assessment agreeme between the City of Rochester and Center Partners. This revises the developer's obligations for the repayment of the $500,000. Loan will be satisfied upon the payment to the City.of the sum. of $62,00 The sum-, of $62,000. represents the current value of a $500,000 loan repayable over a period of 22 years. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to remove the Use of Streets for Concessionaires from the table. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to deny the applications received for various concessions in the.City of Rochester, Minnesota. Ayes (7), Nays (0).Motion carried. Duffy moved, Bluhm second to notify the City Clerk's office that the intention of the current Council is not to issue.any additional street concessionair permits except for special occasions or celebrations. This is a guide to the City Clerk'in informing applicants. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to remove the Contract for Convention and Visitors Bureau from the table. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 427- 85 approving the contract. Ayes (7), Nays (0).Motion carired. Alderman Bluhm wanted to know why the Public Utility Department could not find local contractors to construct the office complex being constructed. Alderman Allen agreed. After Council discussion Administration was informed to construe the wishes to the Public Utility Department. Having no further business, Allen moved, Strain second to adjourn the meeting until 7:30 P.M. 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 -Petition to vacate the 5' Utility easment located on the south lot lien of the property at 4112 19 1/2 Lane N.W. Having no one present that wished to be heard, President Postier closed the hearing.. Strain moved, Solinger second to adopt Resoluti No. 428-85 approving the vacation. Ayes (7), Nays (0).Motion carrie A Hearing on the propsoed project - 8410 J 8868 - A Reservoir, Elevated Storage , Booster Station and Trunk Watermain serving lands in Section 13,44,23, 24 and 26 in Township 106 North, Range 14 West. Roger Plumb, Public Services Director was present and presented slides of the area and the project. Wishing to be heard is opposition was the following: Duane Spencer of Rochester, Minn. and presented a petition against the Project. 1 Agenda Item B-2 I- i' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ' CITY OF ROCHESTER, MINNESOTA 24 - Regular Meeting No. 9 - August 5, 1985 Karl Schuller of AB Systems, Rochester, Minnesota was opoosed as he stated that he paid for water when he developed his industrial park. He does not want to pay for a system again. Zachery Kaus of 33rd Street S., E. Lives in the County, but is opposed. He knows that if he ever comes into the City he will have to pay for the improvement. Pat St. Martin of 1494 Windsor Chase Dr. was present and gave the Council a petition of everyone (100%) in the neighborhood that were opposed. Harold Priebe of 4420 East Highway 63 was present and does not need the City water. Gene Wasko of 3830 Willow Hights Dr., Mary Sorenson of 4225 St. Bridget Road, Sherman Toensing of 621 Southtown Heights Drive, Jim Londowski of 3920 Lilly Court wanted a clearer explanation of this project. He stated that lots of people are confused and that is why they are present tonight. John Roemer of 1424 Windsor Chase Road is opposed. Alderman Duffy stated that the City has to put -up -front money now for the project. If a person never anne>es into the City and uses the system, then the City is out some money for the project. Wishing to be heard was Sharon Ripple of 3714 Willow Heights S. W. She stated that she did not even know they were in the City. Tom Moore, Planning Director stated that this area was brought in under the orderly annexation involved in the agreement with the Willow Creek Sanitary Sewer district. President Postier stated that this agreement was made approx. 15 years ago. Dick Hexum of 922 North Broadway wanted to know how much assessment was going to be levied against his property. Roger Plumb explained that procedure to him. Bill Colb of Rochester Minnesota is oposed and Bev. Gibson of Windsor Chase Dr. S. W. Having no more citizens that spoke in opposition, President Postier closed the hearing. Letters were received from Karl Schuller in opposition and from Mills Properties in support of the project. After Council discussion, Alderman Duffy stated that when people want to be annexed to the City, it is usually because they are in need of water. If we don't prepare for this, the people would be left high and dry. Alderman Bluhm stated that what concerned him was that some people just hook up to the water tower and get served others have to pay for water in the initial project. Roger Plumb stated that he has presented variations to our assessmen policy, but Council has not acted on it as yet. He urges this to be looked at again by the Council. Having no further Council discussion, Duffy moved, Powers second to adopt Resolution No. 429-85 to approve the project. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed Project of 6341-4-85 J 2217 - Construction of Bridge No.55035 on 41st Street N. W. over TH No. 52 - Constructio and Reconstruction of 41st Street N. W. from a point 1900 feet West of N.B.Centerline TH 52 to a point 1900 feet east of N.B. centerline TH 52 plus construction of East Frontage Road from 41st St. N. W. to a point 1045 fee south. Wishing to be heard was Steve Witcheck Administrator of Madonna Towers, Rochester, Minenstoa. He wished to have the requirement for sidewalks deleted from the project. Discussion was held by the Council on this matter. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to table this as they are waiti g 2482 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 5, 1985 Agenda Item B-3 to hear from the State of Minnesota to respond on any further funds available from them to the City on this project. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the PUD # 85 - 11 Request to amend the Shopping Center Plan for Apache Mall. Wishing to be heard was Christopher Colby Architect for the Developer MEC - American Properties owners of Apache Mall. He stated that the requirements suggested by the Planning Department for submitting an updated legal description was done and the suggestions for a sign was made a part of the resolution. Having no further comments, and no one else present tha wished to be heard, Presdietn Postier closed the hearing. Powers mvoed, Strain second to adopt Resolution No. 430-85 approving the amendment. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Project Development Plan for Phase I of the Arboretum located west of 31st Avenue between 41st Street and 48th Street N. W. to be known as the Arborglen. Wishing to be heard and presented the plan was Don Borcherding and Ron Fiscus of Yaggy Associates. They went over the 9 conditions that were listed by the Planning Commission as part of this development. Since this is in early stages of the project, they would prefer to have three of the conditions deleted. They were items 2,3, and 4 of the nine proposed by the Planning Commission. Particular discussion was mentioned on the proposed park in the area and that the City Park Department would maintain it. Council was questioning the access to the general public and would it be convenient for them to use this park. Mr. Borcherding stated that it would be easy for the public to get to the park off 31st. Having no one else present that wished to be heard, President Postier closed the hearin Powers moved, Bluhm second to approve the proejct and include the following nine conditions: 1. Ownership and maintenance of water services in private cul-de-sac should be added to bylaws and covents 2. Lots in 4-unit cluster should access from private cul-de-sac and not public street. 3. Construct sidewalks along public street. 4. Remove islands from public right-of-way. 5. No parking permitt at midblock choker. 6. Provide pedestrian access across entrance choker. 7. Provide drainage study with final plan. 8. Amend General Development Plan. 9. Amend Land Use Plan. Alderman Solinger also mentioned the fact that the fire trucks would have to be able to get into the area. The Council also wanted to talk with Curt Taylor, Park and Recreation Director about the park usage. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the PUD # 85-12 Applciation for a Planned Unit Dev- elopment ( concept statement ) for Lakeview Homes of Green Meadows II. Wishing to be heard was Don Borcherding of Yaggy Associates Rochester, Minensota. He was present for any questions the Council may have. Hvaing no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to approve the PUD. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-24 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ��� Regular Meeting No. 9 - August 5, 1985 Powers moved, Bluhm second to adopt Resolution No. 431-85 authorizing the City Clerk to advertise for bids to be opened at 1,1:00 A.M. on August 28, 1985 for Project No. 6300-5-84 - Grading, Surfacing Concrete Curb and Gutter on the East Frontage Road in 800 Block of TH 63 South. Ayes (7), Nays (0).Motion carired. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. ity Cler Information - 8-5-85 u 1. Committee of the whole mintues from 7-12-85 and 7-29-85 meetings.