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HomeMy WebLinkAbout03-17-1986RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 1 Agenda Item A-1 4 Adjourned Meetin4 No. 26' - March President Postier called the meeting to order at 7:30 p.m., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, and Strain. Absent: Alderman Solinger. Bluhm moved, Strain second to approve the minutes of the March 3,1981 meeting. Ayes (6), Nays'(0). Motion carried. A Hearing on the Conditional Use No. 86-4 to permit an antique store as a development district use. Wishing to be heard was Gordon Cavini of Chatfield, MN, and he is the applicant for the proposed antique . store located at 428 South.Broadway. fie is present for any questions the Council may have. His reason for this conditional use permit was to allow him to have this store without the required amount of off-street parking at the above property. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Bluhm second to adopt Resolution No. 141-86 approving the Conditional Use Permit. Ayes (6), Nays (0). Motion carried. A Hearing on the Conditional Use No. 86-5 to permit the conversion of retail space into dwellings at 317-1/2 South Broadway. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 142-86 approving the Conditional Use and the following 6 condi.tiohs: 1. Owner will pay $4,000 (to be assessed over ten years) toward the cost of new sewer construction around the south side of the home, regardless of the bid. 2. The city will vacate the present easement under the home and leave the pipes intact. 3. Owner will cover the costs of restoring: the yard to its previous condition. Any damage to the home that occurs as a result of construction would be covered by the contractor or City of Rochester. 4. Owner will grant the City the new easement around the south side of the home. 5. If the present sanitary or storm sewer deteriorate behind the property or on someone else's private property, the owner asks not to share in the cost of that replacement. 6. If the sewer on Plummer Circle, which presently does not serve the home, needs repair or replacement, the owner asks not to share in that cost because (a) it has been proven in a Court of Law that no additional residence could be built on the corner of the lot chich is adjacent to Plummer Circle and (b) the sewer on Plummer Circle would not be able to serve the home because of elevation differences. Ayes (6), Nays (0). Motion carrie A Hearing on the Project No. 4525-86 J8935 - Relocation of Sanitary Sewer and Storm Sewer through Lot 41 and the North 64.6 feet of Lot 42 Belmont Slopes at 1064 Plummer Lane. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolutions143-86 and 144-86 ordering the project to be made (Council initiated) and authorized the City Clerk to advertise for bids to be received at 11:00 A.M. on April 16, 1986. Ayes (6), Nays (0). Motioncarried. B-4 A Hearing on the New Sidewalk Project No. 3-1985 J 8904. Having no one present that wished to be heard, President Postier closed the 2A r5:0/,9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item W B-5 D-1 D-2 D-3 E-1 E-2 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - March 17, 1986 hearing. Powers moved, Allen second to adopt Resolution No. 145-86 accepting the assessments. Ayes (6), Nays (0). Motion carried. A Hearing on the proposed assessment on Sidewalk Replacement Project No. 2- 1985- J 8901. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Allen second to .adopt the Resolution No. 146-86 accepting the assessments: Ayes (6) Nays (0). Motion carried. Wishing to be heard was Sue Hemphill of 836 7th Avenue S.E. She urged the Council to adopt a resolution requesting Northwestern Bell Telephone to continue the pay station located in the NW Bell Building at 195 South Broadway. She stated that by eliminating this pay station, all other pay stations would have to close also. These would include the grocery stores, etc. Ms. Hemphill. stated that 6,034 walk-in payments were taken in Rochester. She stated that numerous older people pay in the downtown location. She stated they pay in cash and requiring them to pay thru the mail would require a check or money order and they do not have access to getting them. She urged the Council to encourage Northwestern Bell to keep this pay station open. Bluhm moved, Strain second to adopt Resolution 147-86 opposing the closing of the N.W. Bell payment center in Rochester. Ayes (5), Nays (1). Alderman Duffyvoted nay. Motion ca Powers moved, Allen second to adopt Resolution No. 148-86 referri.ng the petition for Storm Drainage Improvements and Street Grading/ Surfacing on 43rd Avenue N.W. to the Public Services Dept. for a feasibility report. Ayes (6), Nays (0). Motion carried. Strain moved, Duffy second to adopt Resolution No. 149-86 referring the Petition for Basic Construction in the proposed Manor Woods West 2nd Sub. - 7th Street N.W. to the Public Services Dept. for a feasibility report. Ayes (6), Nays (0). Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 150-86 approving th request of Weber and Barlow Stores, Inc. for a slope easement subject to the payment of $2,000 and the conditions that Weber & Barlow is to construct a berm to floodproof an existing building. The $2,000 will be used relating to the maintenance of the dike and protecting existing sewer, water and electrical facilities. Ayes (6), Nays (0). Motion carried. Powers moved, Bluhm second to approve the following licenses and bond Request received from LeRoy Signs, Inc., Minneapolis for a Sign Erectors license for a period ending December 31, 1986. Request received from Harvey Hofschutte, Elgin for a Sewer and Drain Connecto license for a period ending December 31, 1986. Request received from Robb-Wehrs V.F.W. Post 429 for a Single Dance for 22nd of March 1986 for a wedding reception. Request for a Auction Permit for the Holiday Inn South in Rochester for an antique toy tractor auc ried. ion. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No.26, - March 17, 1986 Agenda Item E-2 This was given prior approval by the Council as it was being held on March 15, 1986. Request received from Ernest A. Roeber, Auctioneer for his license effective March 15, 1986. This was given prior approval by the Council. Request received from Elcor Construction Inc. for an application for Sewer and Drains and for Cement and Asphalt construction of sidewalks and Curb and Gutters and Driveways. This is effective until Dec. 31, 1986. The following renewal licenses were approved - Auctioneer's (2). Sharon Hermann and Ernest Roeber. These are approved pending the approval of the departments involved with the City. Ayes (6), Nays (0). Motion carried. a E-3 Request received for Mobile Ice Cream vending machines received from Blue Bell Ice Cream. Wishing to be heard was Gerry Bohrer of 1412 Carlin Drive of St. Paul. He explained to the Council that these vendors would be in trucks vs. bike type vehicles to peddle the ice cream. Upon discussion:. by the Council, Powers moved, Allen second to deny the request. Ayes (6), Nays (0). Motion carried. E-4 Allen moved, Powers second to approve the request for the 7th Annual Life Run and Family Health Affair on May 2 and 3, 1986. This is sponsored by the Rochester Methodist Hospital. Ayes (6), Nays (0) Motion carried. E-5 Duffy move.d,Strain second to approve the request received from the American Cancer Society for the annual Daffodil Flower Sale on the 21st and 22nd of March, 1986. Ayes (6), Nays (0).Motion carried. E-6 Duffy moved,Strain second to approve the request from the Rochester Chapter of the Diabetes Bike-A-Thon for the 8th Annual Diabetes Bide-A-Thon to be held on May 17, 1986. Ayes (6), Nays (0).Motion carried. E-7 Bluhm moved, Allen second to approve the March of Dimes Walk America to be held on April 26, 1986. This will consist of an 18 mile walk around the City of Rochester and will start at 9:00 A.M. at Willow Creek Jr. High School. Ayes (6), Nays (0).Motion carried. E-8 Strain moved, Duffy second to approve the Accounts Payable (list filed in the City Clerk's Office ) in the amount of $461,754.54. Ayes (6),Nays (0).Motion carried. E-9 Bluhm moved, Strain second to establish a guideline interest rate of 7.5% to be charged against the unpaid balance of special assessment projects which are assessed subsequent to May 1, 1986. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26- March 17, 1986. Duffy moved, Bluhm second to adopt Resolution No. 151-86 authorizing the City Clerk to advertise for bids on a 27,500 GVW Cab and Chassis dump truck. Bids to be opened at 11:00 A.M. on April 2, 1986. Ayes (6), Nays (0).Motion carried. Bluhm moved, Powers second to adopt Resolution No. 152-86 approving the agreement between the City and County for Law Enforcement Testing. Ayes (6), Nays (0).Motion carried. Powers moved, Bluhm second to adopt Resolution No. 153-86 approving the Cooperative Agreement with ROCOG for Transportation Planning Services for 1986. Ayes (6), Nays (0).Motion carried. Bluhm moved, Duffy second to approve the Annexation No. 86-2 of 12.51 Acres westerly of the end of Folwell Drive. Ayes (6), Nays (0). Motion carried. Discussion was held on the request for the metes and bounds conveyance of unplatted land at 37th Street N. W. and West River Road Tract A consists of 3.24 acres and Tract B consists of 1.52 acres and Tract C consists of 5.3 acres. Council was concerned about the platting of this area. Doug Gregor, Assistant City Attorney stated that a metes and bounds conveyance would be a more convenient way of dealing with this situation and accept a letter from the applicant dedicating 40th Street N. W. to the City. This would be included in the plat when it is finalized. Having no more discussion, Bluhm moved, Powers second to adopt Resolution No. 154-86 accepting the Metes and Bounds conveyance for all three tracts to be followed by the platting procedure and also include a letter accepting the dedication of 40th Street N. W. Ayes (6), Nays (0). Motion carried. Discussion was held on the Preliminary Plat of Elton Hills North Sixth Subdivision. Alderman Bluhm stated that it causes undue hardship on a developer if they have to furnish drainage for an area that adds to the problem and yet does not have to pay for the drainage. Alderman Strain stated that if a developer chooses a unique design and an area to develop then they have to pay for the drainage and not expect the general taxpayer to pay for that design. After further discussion, Duffy moved, Strain second to approve the plat with the following three conditions: 1. The general practice in the past has been to require developers to install storm drainage facilities in the area even though off site drainage is conveyed through the area. We recommend that this practice is continued. 7 u Agenda Item 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 26.113 Adjourned Meeting No. .26- March 17, 1986 2. Douglas Rovange recommends that the Water Department pay for the extension of the watermain in 3rd Avenue N. W. outside of the plat area. It is recommended that the developers install the watermains in 3rd Avenue N. W. from Chalet Drive to the box culvert south of Chalet Drive. 3. The developer not be required to install the additional pipe culvert in 3rd Ave. N. W. It is the understandin that storms in excess of the 25 year frequency would overflow 3rd Avenue N. W. before reaching the elevation of the houses north of 31st St. N. W. It is again noted that the developer will not be required to intall a pipe culvert in 3rd Ave. N. W. Upon Roll call vote, Aldermen Duffy, Powers, Strain and President Postier voted aye. Ayes (4), Alderman Allen and Bluhm voted nay. Nayes (2). Motion carried. Duffy moved, Strain second to approve the preliminary plat of Parkwood Hills 4th Subdivision including the special condition of a two year approval and the following three conditions: 1. Change manhole design and stormsewer cover as recommended by Public Services in an attached memo. 2. Provide an erosion control plan. 3. Provide the typical covenants or building restriction to be filed with the final plat that notify buyer of lots of the City's intent to provide gravity_ flow sewer to the area in the future - same as provided in the plats of Parkwood Hills 2nd and 3rd Sub. Ayes (6), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 155-86 approving the setting of a hearing for April 7, 1986 on the proposed vacation of Lot 1, Blk 2, Lot 1, Blk 3 and Lots 1,2,3, in Block 4 and Outlot B of Riverview West Sub. Ayes (7), Nays (0).Motion carried. Powers moved, Bluhm second to adopt Resolution No. 156-86 ordering Project No. 8607 J 2218 - Stage II of the 41st St. N. W. Trunk High- way 52 Interchange Construction of Remaining Interchange ramps and frontage roads between 37th Street N. W. and 55th Street N.W. to be made. Ayes (6), Nays (0).Motion carried. Bluhm moved, Powers second to adopt Resolution No. 157-86 ordering Project No. 6241-84 J 2219 - Street Construction of 31st Avenue N. W. from the North Line of Plaza 41 Northwest Second Sub. to 41st St. N. W. and on 41st St. N. W. from 31st Avenue N. W. to 509 feet East to be made. Ayes (6), Nays (0).Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 158-86 ordering. a feasibility report on Project No. 6310-3-85 J 8917 - Concrete Curb and Gutter and Street Resurfacing on loth Avenue S. W. from 4th Street S. W. to 8th Street S. W. Ayes (6), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 159-86 ordering a feasibility report on Project No. 5716-85 J 8911 - Concrete Curb and Gutter, Subdrains, and Street Resurfacing on 16th Ave. N. W. from Elton Hills Drive to llth Avenue N. W. plus Storm Sewer on llth Ave. from 16th Ave. N.W. to approx. 450 feet easterly. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 26114 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - March 17, 1986 Agenda Item E-22 Bluhm moved, Allen second to adopt Resolution No. 160-86 approving the Engineering Services proposal by McGhie and Betts, Rochester, Mn. for Project No. 8606-1-86 J 8941 - Phase I Basic Construction of the Public Streets and Utilities in Zumbro Drive, Westridge Lane, Westview Lane and the 48 Inch Storm Sewer through the site to West River Road in Riverview West - Phase I. Ayes (6), Nays (0). Motion carried. E-23 Strain moved, Powers second to adopt Resolution No. 161-86 appr,oving the Engineering Services proposal by Yaggy Associates, Inc:.for Project No. 8501-2-86 J 8940 - Public Improi,ements in Apple Ridge Subdivision II. Ayes (6), Nays (0).Motion carried. E-24 Strain moved, Duffy second to adopt Resolution No. 162-86 amending the following parking changes: 1. Amend Paragraph (17) of Section H. Limited Parking Zones , Zone F - 2 hour parking to read: (17) 3rd St. S. W. on both sides, from South Broadway to Second Avenue and Third Street S. E. on the South side, from South Broadway to one-half block east of South Broadway. 2. Add Para. (24.5) of Sec. H. Limited Parking Zones, Zone C 30 minutes parking to read: (24.5) 3rd St. S. E. on the North side from South Broadway to One-half Blk East of South Broadway (3 stalls ). 3. Add Para. (21.5) of Sec. I, Parking Meters, Zone C. 30 minute meters to read: (21.5) Third St. S. E. on the North side, from South Broadway to one-half Block East of South Broadway ( 3 stalls ) 4. Amend Para. (12) of Sec. I, Parking Meters, Zone F ( 2 hour Meters ) to read: (12) - Third St. S. W. on both sides, from South Broadway to Second Avenue, and Third Street S. E. on the South side from South Broadway to One-half block East of South Broadway. Ayes (6) Nays (0).Motion carried. E-25 Bluhm moved, Strain second to adopt Resolution No. 163-86 approving ' the tmporary street closure subject to Weis Builders Corp providing the following: 1. Providing street closure barricades. 2. Providing street cleaning and sweeping upon opening and 3. Providing any repair of damage done during closing. Ayes (6), Nays (0).Motion-carried. E-26 Bluhm moved, Powers second to adopt Resolution No. 164-86 ordering the project to be made and authorize the City Clerk to advertise for bids on Project No. 6241-4-83A J 2223 Construction of 41st Street N. W. from West River Road to the existing Service Road at the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on April 16, 1986. Ayes (6), Nays (0).Motion carried. Resolution 165-86 was also adopted. E-27 Duffy moved, Powers second to adopt Resolution No. 166-86 approving the Preliminary layouts for the Improvement of TH 63 from 9th Street South to 7th Street North. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL�,�� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - March 17, 1986 Agenda Item E-28 Powers moved, Allen second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 167-86 authorizing the revised water rates to be implemented and become effective for all billing rendered on or after April 1, 1986. Resolution No. 168-86 approving a contract amendment with Hooper Construction Corp. for Feeders 713 and 714 underground cable installation. The amount to be $82,226.70. Resolu-tion No. 169-86 approving a contract agreement with Lake Area Utility Contracting for construction of Willow Creek UG Duct Project . The amount of the contract is $83,977.50. Ayes (6), Nays (0). Motion carried. E-29 Duffy moved, Strain,second to approving the initiation of a special -zoning district for the Wynnwood Company for Foxcroft Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester, Mn. certain unplatted land in the Southwest 1/4 of Section 3, Rochester Township ( 12.51 acres westerly of the end of Folwell Drive was given its first reading. Strain moved, Powers second to suspend the rules and give the Ordinance a second reading. Upon roll call vote, Aldermen Allen, Bluhm, Duffy, Powers, Strain and President Postier voted aye. Ayes (6), Nays (0).Motion carried. The Ordinance was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0 ). Motion carried. F-1 An Ordinance Rezoning to B-4 Emerald Coast Seafood Store ( 7th Street N. W. ).This was given its second reading. Duffy moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Powers moved, Bluhm second to adopt Resolution�No. 170=86 approving an Owner contract with Yaggy Asasociates for Public Watermain to serve townhomes of Lakeview , Phase I, Southwest Partners. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 171-86 approving an Owner contract with Yaggy Associates for Public Improvements in Apple Ridge II ( Phase 1) with Apple Ridge Development, Inc. and .Leon Joyce Construction. Ayes (6), Nays (0).Motion carried. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. z� City Clerk Ir 2616 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. .26 - March 17, 1986 Agenda Item Information 3-17-86 1. Notice of Clmplaint - Alan Hovey - Ref. to City Attorney, Finance, and Public Utilities. 2. Condemnation Notice for Lands needed for T.H. 52 Improvements Ref. to City Attorney and Finance 3. Notice of Claim - Cheryl Mongeon - Ref. City Attorney and Finance 4. Notice of Claim - Frances M. Ramme - Ref. to City Attorney and Finance Dept. 5. Petition to save Osco Drug.