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HomeMy WebLinkAbout08-19-1985RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 248 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 Agenda Item 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. Alderman Solinger arrived at 7: 34 P.M. Powers moved, Bluhm second to approve the minutes of July 29 and August 5, 1985. Ayes (6), N'ays (0).Motion carried. Alderman Solinger arrived - 7:34 P.M. B-1 A Hearing on.the CY 1986.Public Transit Assistance program. Having no one present that wished -to be heard, President Postier closed the hearing. Duffy moved,.Strain second to adopt Resolution No. 432-85 authorizing the filing of an application with the State of Minnesota for CY86 transit operating assistance. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Petition to vacate a portion of the 5' Utility easement located on the east side of the property at 1418 loth Ave. N..W. Wishing to be heard was Bob Suk, Attorney representing the petitioner. Mr. Suk stated that this is unique as the garage was built on the property and this was discovered recently. The Public Utility Department does not need this easement and Mr. Suk urged the Council to approve the vacation. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 433-85 approving the vacation. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Petition to vacate the Utility Easements located on Lot 4, Block 3, Cimarron Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to adopt Resoultion No. 434-85 approving the vacation. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Petition to vacate the Public Utility Easements located on Lot 8, Block 1, Cimarron 5. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Solinger second to adopt Resolution No. 435-85 approving the vacation. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Petition to vacate the Utility Easments located on Lot 1, Block 3, Cimarron 3. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 436-85 approving the vacation. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Minnesota Small Cities Economic Development Program which authorizes monies for the financing of small businesses The applicant is China Wall Foodstuffs of Rochester, Minensota. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to adopt Resolutio No. 437-85 approving the submission of the application for State Economic Recovery funds. Ayes (7),'Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meettng No. 10 - August 19-, 1985 Agenda Item B-7 A Hearing on the Vacation No. 85-18 Petition to vacate the 10' utilit easement on the common lot line between 609 36th Street S. W. and 615 36th Street S. W. Having no,one present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to adopt Resolution No. 438-85 approving the vacation. Ayes (7), Nays (0).Motion carried. It was noted by Thomas Heise, Petitioner that all the departments connected with easements had been contacted and ro,aone wanted them at this time or in the future. B-8 A Hearing on the Petition to vacate a portion of the 20' utility easement located along the west side of Lots 1-4 , Block 1, Innsbruck 7 Subdivision. Having no one present that wished to be heard, Preside Postier closed the hearing Duffy mov ed;Powers second to adopt Resolution No. 439-85 approving the vacation. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on the Proposed assessment on Project No. 6209-2-85 J 8882 Grading and Surfacing, Curb and Gutter on 9th Street S. E. from 3rd to 4th Avenue S. E. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 440-85 approving the assessment. Ayes (7), Nays (0).Motion carried. C-1 Bluhm moved, Allen second to approve the appointment of Ronald Wegman to fill the position of lieutenant in the Police Department. This is effective September 3, 1985. He fills the position due to the re- tirement of Lieutenant James Fister. Ayes (7), Nays (0).Motion carries D-1 Mark James of Rochester, Assistant General of the Mustangs Hockey. Team wished to be heard regarding the location of the Mustangs in Rochester. He stated that the Mustangs were located in Austin and were happy to be back in Rochester. They will have an opening game October 11, 1985. Mr. James also introduced Frank Serratori as the coach for the Mustangs.. He recently was awarded the Coach of the Nation a couple of weeks ago and the Mustangs are fortunate to have him as coach. President Postier thanked Mr. James and Mr. Serratori for coming to the meeting and welcomed them to Rochester. D-2 Duffy moved, Strain second to adopt Resolution No. 441-85 referring the petition for Sewer and Water service to serve property on 4100 Highway 63 South ( Arthur Birdseye ) to the Public Services Departmen. for a feasibility report. Ayes (7), Nays (0).Motion carried. D-3 Bluhm moved, Solinger second to refer the petition for local improvements - Sanitary Sewer to serve a portion of Lot 1, Block 9, Golden Hill ( West 1/2, West 1/2 ) to the Public Services Department was adopei�ility report. Ayes (7), Nays (0).Motion carried. Res. 442- E-1 Discussion was held by the Council on the Liquor Ordinance change. The provision proposed would require an audit of restaurants having an On -Sale Liquor license. This would be required at renewal time. Aldermen felt that this matter should be discussed by the Council and have the owners of the restaurants that this pertains to come to that meeting. Having no further discussion, Allen moved, Solinger second 2485 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 Agenda Item E-1 to approve the amendment to allow individuals to remain on premises licensed to serve intoxicating liquor until 1:30 A.M. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to table the amendment that the Council could possible require an audit of the sales at license renewal time This would allow the Council to receive input from the restaurant owners. Ayes (7), Nays (0).Motion carried. E-2 Bluhm moved, Solinger second to adopt Resoltuion No. 443-85 calling for a public hearing on the Group W Cable rate request.The hearing will be held on September 4, 1985 at 7:30 P.M. Ayes(7), Nays (0). Motion carried. E-3 Strain moved, Bluhm second to instruct the City Attorney to prepare an Ordinance establishing the connection charge policy for individua' connecting to the sewer or water system who have not previously been assessed for the availability of such services to pay a connection charge. This ordinance should include that this policy be reviewed annually. Ayes (7), Nays (0).Motion carried. E-4 Solinger moved, Allen second to adopt Resolution No. 444-85 approvinc the City participation in the Rochester Economic Development Inc. organization with the following included: 1. Indicate the City's informal intent to participate in the organization for a 3-5 year period , although a financial commitment will be made only one year at a time. 2. Appoint two representatives to the REDI Board of Directors (this was done at the 4-1-85 meeting.). 3. Approve the REDI plan ( Submitted separately). 4. Approve a City cost share ranging from $18,867. to not more than $21,562. for 1986. This will be a 1/7 or 1/8 share of the costs depending on the final number of members. Ayes (7),Nays (0). Motion carried. E-5 Strain moved, Bluhm second to approve the purchase of a Word Processor Equipment for the City Administrator's Office. This will cost $1,040.84. Ayes (7),Nays (0).Motion carried. E-6 Powers moved, Strain second to approve the following licenses & bonds Request received from George F. Cook Construction, Minneapolis for an application for a license to construct Sidewalk, Curb and Gutter(Z and Driveways in the City of Rochester for a period ending Dec. 31, 1985. Request also received from George F. Cook for a license to construct cement Sidewalks, Curb and Gutter and Driveways in the City of Rochester. This period ends Dec. 31, 1985. Request recieved from the Union Bus Depot of 19 Second St. S. E. for a license to sell cigarettes at retail over-the-counter for a period ending April 1, 1986. Application received from the North American Clydesdale Association for a Termporary On -Sale (3.2) beer license for August 18, 1985 at the Olmsted County Fairgrounds for the annual Sun Rock Concert. Request received from T & M Underground of Grand Meadow for a cement and asphalt license to construct sidewal 1 phalt) Agenda Item Lam: E-7 E-9 E-10 E-11 E-12 E-13 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 curb and gutter and driveways in Rochester. This is for a period ending Dec. 31, 1985. Renewal licenses - Erect and Maintain signs (1 and Asphalt Sidewalks, Curbs and Gutters and Driveways (1). Ayes (7), Nays (0).Motion carried. Bluhm moved, -Strain second to approve the issuance of an On -Sale and Sunday Intoxicating Liquor License to Hunan Garden of Rochester Incorporated pending receipt of required bonds, insurance fees, departmental approvals and the issuance of a Certificate of Occupancy by the Building and Safety Department. Ayes (6), Nays.(1). Alderman Allen voted nay. Motion carried. Powers moved, Bluhm second to approve the extension of the On -Sale Intoxicating Liquor license for Bill Bailey and Associates to June 1, 1986. This is in regard to a possible bowling alley to be constructed in Rochester. Ayes (6), Nays (1). Alderman Allen voted nay. Motion carried. Administration was also told to check on the status of the MGM liquor establishment to be built in Rochester. Solinger moved, Duffy second to approve the transfer of the Off -Sale Liquor license for Haskell's Incorporated located at 205 Fourth Street S. E. from John Farrell, Jr. to Joseph Michael and Pamela Ann Guzinski, PJG Incorpoated dba Buckeye Liquor. Ayes (7), Nays (1). Motion carried. Powers moved, Strain second to approve the semi-monthly accounts payable (list attached ) in the amount of $1,111,088.28. Ayes (7), Nays (0).Motion carried. Solinger moved, Powers second to adopt Resolution No. 445-85 approvin a leave of absence for Judith Emmons of the Public Library from September 1, 1985 through June 30, 1986. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to instruct the City Attorney to prepare an Ordinance approving the Annexation by Ordinance of 110.64 acres of land in Sections 3 and 4 of Rochester Township. Ayes (7), Nays (0). Motion carried. Bluhm moved,Powers second to approve the PUD-# 85-12 Preliminary Plan of Lakeview Homes of Green Meadows II. This is subject to the follow ing conditions: 1. Watermain within PUD that is public main is required to have construction plan and profile specifications and an owner contract be made with the City for its construction. 2. Relocate existing storm sewer so it is not located under the two southeasterly units as provided on concept plan. 3. Provide plans for the below grade or bermed storm shelter with a design meeting Building Code standards for handicap accessiblity , occupancy load, light and ventilation requirements and of a size to meet the standardst of the Zoning Code ( at least 350 square feet ). 4. Note Exterior lighting plan on the utility plan sheet. 24-7 Agenda Item E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 5. Developers should provide for recreational vehicle parking area or restrict their storage by placing the restriction on the final plan drawing and in the homeowners association bylaws. Ayes (7), Nays (0).Motion carried. Duffy moved, Strain second to approve the Preliminary Plat of Voyage Hills Subdivision in Section 2 of High Forest Township within the Willow Creek Sewer District - This requires the County to submit to the City for its comments and recommendations on all proposed plats. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the Preliminary Plat of Pennington Business Park 5th Subdivision. This is subject to the following conditions: - no parking should be allowed on the frontage road or 23rd Avenue N. W. and sidewalk being required on both sides of 23rd Avenue N. W. and investigation of the possibility of widening the pavement of the existing frontage road in front of Lot 1 to provide two North bound lanes which could be a right turn lane into 23rd Avenue N. W. and widening of the pavement on the south side of theroad where there is no curb presently could be the easiest approach. Ayes (7), Nays (0). Motion carried. Bluhm moved, Solinger second to table the Petition to vacate the north -south and the east -west alleyway located south and west of the Zumbro Hotel at 1st St. S. W. and lst Avenue S. W. Ayes (7), Nays (0).Motion carried. Duffy moved, Solinger second to table th Petition to vacate a portioi of lst Avenue N. E. and 6th Street N. E. located west of Silver Lake Power Plant between 5th Street and 7th Street N. E. Ayes (7), Nays (0).Motion carried. Powers moved, Solinger second to adopt Resolution No. 446-85 approvi the Plans and Specifications for,Stage I of 41st Street Interchange. Mr. Roger Plumb, Public Services Director stated that he did receive a letter from the State of Minnesota stating their participation in the Stage I part of this project. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 447-85 approving the Cooperative Agreement for Construction cost participation - 41st Street N. W. and East Frontage Road. This is for Stage I of the project - Mn/DOT will share part of thecosts of this project. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to adopt Resolution No. 448-85 accepting the feasibility report and ordering a hearing to be heard on Sept. 4, 1985 on Project No. 6300-S-84 J 8851 - Grading and Surfacing Concrete Curb and Gutter on East Frontage Road in the 800 Block of T.H. No. 63 South. Ayes (7), Nays (0).Motion carried. 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 24891 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 Agenda Item E-21 Powers moved, Bluhm second to adopt Resolution No. 449-85 approving the Contract Adjustment/ CY84 Rochester City Lines of Rochester, Minnesota . The current audit reflects the Rochester City Lines has come under the budget by $27,522. The budgeted amount was $465,27 the audit amount allowable is $437,748.00. Ayes (7), Nays (0).Motion carried. E-22 Duffy moved, Bluhm second to adopt the Resolution No. 450-85 approvin the following School Crossing Guard locations for the 1985-1986 School year. 1. Retain 16 existing locations. 2. Additional guard at the following locations: (a) 6th Street and 14th Avenue Southwest ( Folwell School ) and (b) 9th Street and 3rd Avenue S. E. (Hawthorne School). The principal of Hawthorne School was present and supported the including the guard at Hawthorne location. Ayes (7 Nays (0).Motion carried. E-23 Strain moved, Solinger second to adopt Resolutions 451-85 and 452-85 ordering costs to be assessed and ordering a hearing to be held on September 4, 1985 on Project No. 6216-3-71(deferred) assessment J 837 Street Improvement in 16th Street S. W. from T.H. 63 to West Line of Graham Addition. Ayes (7), Nays (0).Motion carried. E-24 Strain moved, Allen second to adopt Resolution No. 453-85 authorizing the City Clerk to advertise for bids for 10 bus shelters. Bid opening at 11:00 A.M.on October 1, 1985. Ayes (7), Nays (0).Motion carried. E-25 Strain moved, Bluhm second to adopt Resolution No. 454-85 ordering the following project to be made and authorizing the City Clerk to Advertise for bids : Project No. 8418-J 8893 - Reconstruction of Sanitary Sewer in Soldiers Memorial Field and in 700 Block of 3rd Avenue S. W. Bids to be opened at 11:00 A.M. on September 11, 1985 Ayes (7). Nays (0).Motion carried. E-26 Bluhm moved, Duffy second to adopt Resolution No. 455-85 authorizing the City Clerk to advertise for bids on Project No. 5403-85 J 8912 Sanitary Sewer and Watermain Extnesion in the East Service Drive Trunk Highway No. 52 from 4th Street N. W. to approximately 450 feet North. Bids to be opened at 11:00 A.M. on September 11, 1985. Ayes (7), Nays (0).Motion carried. E-27 Duffy moved, Bluhm second to adopt Resolution No. 456-85 approving Supplemental Agreement No. 1 for Project No. Sidewalk Replacement No. 2-1984 J 8864. This increases the contract by $1,204.95. Ayes (7), Nays (0).Motion carried. E-28 Duffy moved, Bluhm second to adopt Resolution No. 457-85 approving Supplemental.Agreement No. 1 Project No. 8501 J 8895 increasing the contract amount by $11,635.00. Ayes (7), Nays (0).Motion carried. This is for Apple Ridge Subdivision. E-29 Powers moved, Allen second to adopt Resolution No. 458-85 approving the Supplemental Agreement No. 2 Project No. 8501 J 8895 increasing the contract by $2,484.00 Ayes (7), Nays (0).Motion carried. Ir 2490 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 Agenda Item E-30 E-31 E-32 E-33 F-1 F-1 F-1 Allen moved, Duffy second to adopt the following Resolutions by the Public Utility Board: Resolution No. 460-85 approving a contract agreement with Moorhead Machinery & Boiler Company for Silver Lake Plant boiler in the amoun- of $112,625.00. Resolution No. 461-85 approving a purchase order agreement with IBM Corporation for disk storage for System 38 in the amount of $26,600. Ayes (7), Nays (0).Motion carried. Allen moved, Powers second to adopt Resolution No. 459-85 of the Public Utility Board approving the awarding the the one Clark Model Front End Loader in the amount of $112,625.00 with Road Machinery being the lowest responsible bidder. Ayes (7), Nays (0).Motion carried. Resolution No. 462-85 approves a resolution by the Public Utility Board to provide Maintenance for 200 HP WHeel Loader Clark Model 125 in the amount of $6,500.00.Allen moved, Powers second to adopt said resolution. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to approve the payment of $3,942.71 to Rochester Public Utilities for services of pump and motor at the Rochester Airport in the fall of 1981. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 463-85 author- izing the City Clerk to advertise for bids for ramp and taxiway construction between the new general aviation hangars and the northwe parallel taxiway. Bids to be opened at 11:00 A. M. Sept. 13, 1985. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 464-85 authorizi'. the City Clerk to advertise for bids to be opened at 11:00 A.M. on Sept. 13, 1985 for Phase I Construction on Hangar B at the Rochester Airport. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Intoxicating Liquor; Providing for Permitted Hours of Sale and Inspections : Amending the Rochester Code of Ordinances Sections 125.20 and 125.21 was given its first reading. An Ordinance regulating the Connection charge for Sewer and Water hook-ups and review this policy annually was given its first reading. An Ordinance Annexing to the City of Rochester Minnesoat certain land in Rochester Township ( 110.65 acres ) total was given its first reading. 'SC It 19 11 F-1 An Ordinance Rezoning to Institutional - East 80 feet of Lot 5, Block 54, Original Plat ( Methodist Hospital Property ) was given its secon reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. Alderman Duffy abstained. Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 G-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 249JL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 19, 1985 An Ordinance Rezonine to R-1 and Revoke PUD-R-44 Lots 1,2,3,4, and 5 Olson's Subdivision was given its second reading. Allen moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing the West half of the West half of Lot 1, Block Golden Hill Addition was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Moti carried. An Ordinance Annexing to the City of Rochester certain property in Toogood Terrace Subdivision was given its second reading. Bluhm moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (I Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 465-85 approving an Owner Contract for Basic Construction in 18th Avenue S. E. and 18th Lane S.E., 24th Street S. E. and 23 1/1 Street S.E. ( Pinewood Second Sub. ) N.A.Realty and Larson Construction are the contractors. Ayes (7), Nays (0).Motion carried. Powers moved, Bluhm second to adopt Resolution No. 466-85 approving an Owner Contract with McGhie and Betts for Sanitary Sewer Extension to serve Westway Manor Second Sub. This is with Johnson, Drake and Piper, Inc. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 467-85 approving an Owner contract with Yaggy Associates for Public Improvements in 19th Avenue N. W. adjacent to Stevens Court Subdivision. This is with Ruth A. Stevens and Rochester Sand and Gravel, Inc. Ayes (7), (Nays (0).Motion carried. Bluhm moved, Allen second to remove the Proposed Project S.P.5508-59 41st Street Bridge and Interchange construction from the table. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to adopt Resolution No. 468-84 approving the project. Ayes (7), Nays (0).Motion carried. Having no further business, Solinger moved, Allen second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. The meeting was adjourned until 4:30 P.M. on August 26, 1985 i oom 4 of City Hall. � LC City Clerk Information - 8719-85 1. Committe of the Whole minutes for 7-22-85 and 8-2-85 2. Notice of Claim - Joe Coleman vs City of Rochester - Ref. City Attorney and Finance Director.