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HomeMy WebLinkAbout06-02-1986Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2667 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June.2, 1986 The City Clerk gave the Oath of Office to the following members of the Common Council: R.J. (Dick) Postier, Alderman At Large; Chuck Canfield, Alderman of the Second Ward; John Hunziker, Alderman of the Fourth Ward; Peter Solinger, Alderman of -the Sixth Ward. A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Canfield, Hunziker-, Solinger and Strain. Absent: None. Allen moved, Bluhm second to approve the minutes of the May 19 & 21, 1986 meeti.ngs. Ayes (7), Nays (0).Motion carried. C-1 I The following is the annual address as presented by President Postier HONORABLE MAYOR AND COMMON COUNCIL: It is my pleasure to congratulate Alderman Solinger on his re- election to a fifth term with the City, and I would also like to welcome Chuck Canfield and John Hunziker to the City Council and congratulate you both on your successful elections. I wish to•formally thank and acknowledge Jim Powers for fourteen years of service and Joe Duffy for eight years of service on the City Council. It has been my pleasure to have had the privilege to work with Jim and Joe. They are outstanding individuals and have been excellent elected representatives. I know that we will receive the same from John and Chuck.. As I enter my eleventh term on the City Council ( includes one year and on two year term as Fourth Ward Alderman ) I believe that the City remains in a strong condition, perhaps not as strong as Money Magazine depicts us, but certainly stronger than most in the upper midwest. Our economy continues to move forward as ev-i-denced by a substantial number of new constructions starts. The quality of services provided by the City government has certainly helped to foster these good economic circumstances. I would like to briefly list a number of major projects that were achieved in 1985, and some others which remain to be acted on in the coming year: 1) Flood Control - The recent start of construction of the first SCS reservoir is an event which we can all be proud of after many years of effort. The City Council and the Joint Powers Board will be continuing to work on the remaining reservoirs in 1986. The Corps of Engineers project legislation appears to be making progress in Congress. We will continue to be working on that project in 1986 also. 2) Mayo Civic Center - The Civic Center project is nearing completion and should be open in the next few months. 3) Downtown Redevelopment - The City has been continuing to work to commence construction of the D5 Downtown Redevelopment Project: We hope to have a signed Phase II Agreement to move forward on this project by July 31, 1986. Ir 2 Agenda Item C-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Two additional downtown projects which were completed in 1985 were the Handicapped Housing project. ( Newbridge ), a tax increment project, and the Rascal's remodeling , which utilized a City HRA 312 low interest loan. 4) Industrial Development - The City issued $90 million in Industrial Revenue Bonds to the Mayo Clinic to construct a fine new facility in the downtown. We also issued $13.5 million in IDB's for a Methodist Hopsital expansion. We were pleased to assist both of those organizations in 1985. An additional $300,000. in REB's was issued to the Cord Cable Company. The City also was one of the founders and participating members in RAEDI. 5) Major streets - West River Road was completed in 1985. Work commenced on the 41st Street N. W. and T.H. 52 interchange and frontage road project to provide access to the IBM area in 1985. Additional work on this project will be conducted in 1986 and 1987. The route for the 5th Street extension was selected in 1986 to prov.ide improved access to the downtown area. 6) Public Buildings - Approval was given for Rochester Public Utilities new service and office facility. 7) Housing and Redevelopment Authority - In 1985, the City's HRA was responsible for about $2.0 million in rehabilitiation assistance affecting 45 single family, apartment, and commercial properties. 8) Annexations - The City was pleased to enter into an orderly annexation agreement for the Golden Hill area, due to good cooperation from Rochester Township officials. The agreement to annex this area over a five year period should help eliminate future groundwater pollution problems in this area. The City also purchased th REA water system in the Rose Harbor area to provide imporoved water service to the City and Township residents in that area. These are simply a few of the highlights of the many items which the City has worked on and will be working on in 1986. I sincerely hope that the coming year will prove to be as successful as this past year. I and the Council remain optimistic that further progress can be made on two major projects in 1986; the Corps of Engineers project and the D5 downtown redevelopment project. I am pleased to have the opportunity to again serve the community in 1986. Thank you. C-2a Bolinger moved, Strain second to adopt Resolution No. 325-86 approving the Roberts Rules of Order for the conduct of business by the Council. yes (7), Nays (0).Motion carried. C-2b Solinger moved, Bluhm second to adopt Resolution No. 326-86 adopting the Rules and Regulations of Order for Order of Business of the Council. Ayes (7), Nays (0).Motion carried. C-2c Allen moved, Bluhm second to adopt Resolution No. 327-86 establishing the committees of the Common Council, prescribing their functions and duties, and providing appointment to members of subcommittees. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 266.9 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Agenda Item Strain moved, Allen second, to approve the Committee Appointments made by President Postier as noted below. Ayes (7), Nays (0). Motion carried. Finance Committee: Pete Solinger, Chairman; Paul Allen, Darrell C-,3,_ Strain Public Works Committee: Gordon Bluhm, Chairman; Paul Allen, Chuck Canfield Public Safety Committee: Darrell Strain, Chairman; Peter Solinger, John Hunziker Personnel Advisory Committee: Paul Allen, Chairman; Darrell Strain, Chuck Canfield Board of Equalization: Gordon Bluhm, Chairman; Paul Allen, Chuck Canfield Public Utility Committee: Paul Allen Flood Control Committee: Darrell Strain, Chairman; Peter Solinger, Gordon Bluhm RAEDI: Paul Allen, Chairman; John Hunziker Health Board: John Hunziker Emergency Services Committee: Mayor Chuck Hazama, Darrell Strain, Peter Solinger, John Hunziker Planning Administrative Services Commission: Gordon Bluhm, Chuck Canfield ROCOG: Mayor Chuck Hazama, John Hunziker, Chuck Canfield, Gordon Bluhm, Peter Solinger Downtown Development Advisory Committee: Peter Solinger, Chuck Canfield Convention Bureau: Darrell Strain CBD Master Plan Steering Committee: Paul Allen, John Hunziker County Solid Waste Committee: John Hunziker Joint Powers: Gordon Bluhm, Darrell Strain, Peter Solinger Housing & Redevelopment Authority: Gordon Bluhm, Chuck Canfield C-4 The following is the annual address as presented by Mayor Chuck Hazama: COUNCIL PRESIDENT, MEMBERS OF THE COUNCIL, OUR TWO NEWLY -ELECTED MEMBERS, STAFF AND FRIENDS: We are in the midst of experiencing the most extraordinary year of development in the history of our community. This year in the Northwest Quadrant of our City, the State Depart- ment of Transporation quickly introduces you to our development and growth with its massive plan for the 41st street overpass to IBM - a scene of construction that will be repeated throughout our com- munity and will become an even more common sight in the skyline of our City. 'The Mayo Clinic has already announced plans for their six -story Mayo North on the Methodist Hospital site and the twelve -story educa- tional building to be constructed on the 1914 building site. Ground- breaking for both is expected this summer. RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 267® CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Agenda Item C-4 We have already broken ground for our SCS Flood Control Project, Incinerator, Two -Plus -Two Building at RCC, the RAVTI Building ex- pansion, the Olmsted Community Hospital expansion and coming around the final turn to the finish of our beautiful Mayo Civic Center. During the year, we have already established new heights in the con- struction of single family dwellings, a record that depicts the con- fidence our citizens have in the economy of our area. New shopping centers and newly designated concepts in community living are spring- ing up in various areas of town. We hope we can announce Phase II of Center Place this summer with an official date for groundbreaking this fall. The Kahler will be un- veiling their proposal for their Zumbro Hotel site and to top it all we are announcing the best Rochesterfest Celebration starting June 22 through the 29, starting on Sunday with the Art Festival and ending seven days later with the World Festival. To insure our future, RAEDI, Rochester Area Economic Development, Incorporated, has announced our Business Retention Program along with a Lender Commitment Program of $14,750,000 by all our financial institutions. The School District, County, City and Chamber of Commerce are at the height of involvement in Future Scan 2000, a much needed plan to focus our sights to the future in concert with one another. Our future looks bright and is moving in the direction that should make every one of us proud. People in the community have responded and made the difference in all that we have been able to accomplish in behalf of Rochester. In Today's euphemism "We are the World, We are the Children, We are the One's that make a Brighter Day... For a better Place for You and Me." Thank you. C-5 Allen moved, Solinger second, to adopt Resolution 328-86 designating the Rochester Post -Bulletin as the official newspaper for the City of Rochester for the official year. commencing June 1, 1986. Ayes (7) Nays (0). Motion carried. .E=1 Strain moved, Allen second to approve the Amendment to the Housing Board of Appeals - This amendment changes the requirement of members of the Board to be from the medical doctor field, to members from the public health sector. The City Attorney is instructed to prepare an ordinance approving the amendment. Ayes (7), Nays (0).Motion.carried. E-2 Bluhm moved, Strain second to approve the appropriating of $8,333. frc the 1986 Contingency Account for the purpose of funding the City's share of the Phase II Future Scan 2000 strategic planning process. Ayes (7), Nays (0).Motion carried. lul 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2671 Annual Meetinq No. 1 - June 2. 1986 Agenda Item E-3 Solinger moved, Bluhm second to approve an Ordinance amendment to the Rochester City Ordinance 53.01, Subd. 4 - this amendment includes the installers of heating or ventilating systems within the City of Rochester to include wood stoves, fireplaces, and refrigeration systems. The City Attorney is instructed to prepare the Ordinance. Ayes (7), Nays (0). Motion carried. E-4 Allen moved, Strain second to adopt Resolution No. 329-86 approving the agreement for consulting service with Barton Aschman to evaluate three sites and prepare a functional design for a parking ramp in connection with the D5 project. The cost of the consultant is $12,000.00. Ayes (7), Nays (0).Motion carried. E-5 Bluhm moved, to approve the request from the American Legion's HUD 312 Commercial Rehabilitation Loan request for renovating their building. The motion died for lack of a second. Alderman Solinger stated that this should be referred to the Committee of the Whole for further discussion. With that suggestion, Solinger moved, Allen second to refer the matter to the Committee of the Whole for discussii Ayes (7), Nays (0).Motion carried. E-6 Strain moved, Allen second to adopt Resolution No. 330-86 approving the request received fron Tinkler's on Second Street S. W. to receive a revocable permit to allow a canopy into the street supported by posts. Ayes (7), Nays (0).Motion carried. E-7 Bluhm moved, Allen second to approve the following licenses & bonds: Request received from the Olmsted County Agricultural Association for a Temporary On -Sale Non -Intoxicating Malt Liquor License for a beer garden at the Olmsted County Free Fair to be held on July 28 through August 5, 1986. Request received from the DeMaas Signs Division, Macies Sign Construction Inc. Mpls. for a license to construct and maintain signs in the City of Rochester for a period ending December 31, 1986. Request received from John Kruesel for an Auction Permit at the Orlen Ross Leasing Co. to be held on June 21, 1986. Request received from YMCA -YWCA for a Parade Permit for May 31, 1986. This was given preliminary approval by the Council. The following renewal licenses were given: Annual Sidewalk License (1).. Cement - Jim Byrne Construction of Stewartville, Mn. Ayes (7), Nays (0).Motion carried. E-8 Strain moved, Bluhm second to approve the transfer of the On -Sale Intoxicating Liquor Licdense for the Radisson Inn at 1625 South Broadway to Gus Chafoulias and Richard L. Hexum, Jr. effective June 5, 1986. This is a local corporation known as Chafex, Incor- porated. Ayes (7), Nays (0).Motion carried. E-9 Solinger moved, Allen second to approve the parade permit for the Grand Parade in connection with Rochesterfest '86 activities on June 27, 1986. The parade will start at 7:00 P.M. Ayes (7), Nays (0). Motion carried. in. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL or ce Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 E-19 CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Strain moved, Allen second to approve the request for the Fireworks Display at Silver Lake in Rochester on the night of July 4. This is a request received from the Rochester Post Bulletin. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to approve the assessment split requested by Walt Cassell and Curt Swedlund, Meadow Hills, Incorporated. This assessments will be split against properties in Meadow Hills Fourth into 19 lots. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Accounts payable (semi- monthly ) in the amount of $1,798,468.23 - List is filed in the City Clerk's Office. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 331-86 approving the low bid submitted by Linwood Mining and Materials at $61.45 per ton for furnishing one year's supply of pebble quicklime for the Water Reclamation Plant. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 332-86 setting a hearing for a vacation No. 86-8 - of the 5 foot utility easement located at 2000 46th Street N. W. The date of hearing is set for July 7, 1986. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 333-86 approving tl hearing date of July 7, 1986 for the proposed vacation of a 5 foot utility easement located at 4751 Harvest Court N. W. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to adopt Resolution No. 334-86 approving the construction cost participation - Stage II - 41st Street N. W. and TH 52 Frontage Roads and Bridges. This is with the State of Minnesota - Under the Agreement 25% of the funding will be due approx July 1, 1986 - 25% November 1, 1986 - 25% will be due April 1, 1987 and the remaining 25% will be due July 15, 1987. Bids will be opened on this project by the State of Mn. June 6, 1986. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 335-86 approvini. the plans and Specs for Stage II - 41st Street Interchange, TH 52. Ayes (7), Nays (0).Motion carried. Evening meeting will consider E-18. Solinger moved, Allen second to adopt Resolution No. 336-86 approving the Engineering Services agreement with McGhie and Betts, Inc. for Project No. 8413-2-86 J 8954 - Grading, Base, Bituminous, Paving, Concrete Curb and Gutter, Sanitary Sewer, Watermain, Storm Sewers and Service Connections in Bandel Hills Second Subdivision. Ayes (7), Nays (0).Motion..carried. Agenda Item E-20 E-21 E-22 E-23 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Bluhm moved, Solinger second to adopt Resolution No. 337-86 approving the proposal for Engineering Services by McGhie and Betts, Inc. on Project No. 8610 J 8958 - Grading, Base, Concrete Curb and Gutter, Bituminous Surfacing, Sanitary Sewer, Watermains , Storm Sewer and Service Connections in Cantebury Subdivision. Ayes (7), Nays (0) Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 338-86 and 339-86 declaring a hearing date to be held July 7, 1986 on a previously deferred assessment - Project No. 7308-0-73 J 8496 - Sanitary Sewer Trunkline along C.N.W. R.R. from E. Line W 112 Section 34-107-14 to W. line Section 29-107-14. This hearing is on Plat 5222 Parcel 00600 in the amount of $26,392.05. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt.Resolution No. 340-86 approving the Supplemental Agreement No. 3 on Apple Ridge Project 8501 J 8895 - This is an increase of $2,800.00. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the following resolutions approved by the Public Utilty Board: Resolution No. 341-86 approving a purchase order agreemetn with Westinghouse Electric Supply Co. for vacuum breakers in the amount of $19,830.00. Resolution No. 342-86 approving a purchase order agreement with Road Madinery and Supplies Co. for renovation of Truck No. 5 in the amount of $24,604.05. Resolution No. 343-86 approving a professional services agreement with Tennessen and Associates to conduct a materials mapping system. The amount not to exceed $17,000.00. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Housing; Providing for Qualifications of Members on the Housing Board of Appeals; amending the Rochester Code of Ordinances, Section 33.01 was given its first reading. An Ordinance Relating to Heating, Ventilating and Air Conditioning; Establishing definitions; providing for various work classifications; amending the Rochester Code of Ordinances, Section 53.01 was given its first reading. Strain moved, Bluhm second to adopt Resolution No. 344-86 approving an owner contract with the Payne Company for Public Improvements in Northern Heights East Second. 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. 26`74 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 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, Canfield, Hunzik.e�r, Solinger and Strain. Absent: None. B-1 A Hearing on the Final Plat No. 86-8 Bandel Hills Second Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 345-86 approving the plat. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Final Plat No. 86-11 Riverview West First Replat. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to adopt the Resolution No. 346-86 without the walkways being included. Alderman Hunziker wondered why the walkways would be eliminated. Alderman Strain stated that they are used by all the occupants in the plat. The City would have to maintain the vacated area and it causes problems in that area. Also, the neighbors living along the path get all the traffic from the entire subdivision going thru those paths creating noise levels at various times of the day and night. Alderman Strain stated that the Council has had nothing but trouble with the walkways. Alderman Solinger stated that this area has 134 units and most of the occupants would be using these two walkways. He did not see that this would work any better then the other walkways in the City. Having no further discussion, vote was taken. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Proposed project No. 6453-86 J 8957 Watermain Extension in SKyline Lane to serve Lots 49 through 54 in North Sunny Slopes, Sanitary Sewer to serve Lot 49 North Sunny Slopes, plus Sewer Connections stubbed into the boulevard. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 347-86 approving the project. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Application for Federal Assistance on the Downtown Bus Stop Facility. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Allen second to adopt Resolution No. 348-86 approving the execution and filing of this application for federal transit assistance and the execution of subsequent assurances and contracts. Alderman Canfield wondered where this new loading area would be on 2nd St. and 1st Avenue S. W. Roger Plumb, Public Services Director stated that this is being plann off lst Avenue by the Wilder block and Zumbro Hotel. He stated that there is enough room if a semi would back in. Having no further discussion,vote was taken. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the petition to amend the Adopted Land Use Plan Amend- ment No. 86-3 from Low and Medium Density Residential�Jesignation to the Commerical designation on a total of 8.88 acres of land lying alo the south side of 12th Street S. W. TH 14 from 3rd Ave. S. W. to the Zumbro River. This area includes Octopus Car Wash and the office building to the south, the -four apts. bldgs. S. of 13th St. and cn th W. side of 4th Ave. S. W. and 5.6 acres of vacant land west of the apts. to the river. Wishing to be heard was Bill Tointon of McGhie ny 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Agenda Item 2(; �7� B-5 and Betts, Inc. and represents the applicant and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger- moved, Strain second to adopt Resolution No. 349-86 approving the change. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the PUD No. 86-4 Application for a Planned Unit Dev- elopment ( Concept ) known as Valley High Village Replat. Wishing to be heard was Jeff Thisius representing Paramount Inc. the applicant. Mr. Thisius stated that all the units will have one or two garages being built now. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to approve the Concept Statement. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on the Sidewalk Replacement Project No. 1-1986 J 8943. Harold DeVries, Sidewalk Supervisor presented slides on the project. Wishing to be heard was a resident of 1310 12th Avenue N. W. and does not want the sidewalk. Pastor Anderson of Gloria Dei Lutheran Church stated that they would put a new surface on their property and would mark the sidewalk portion and put up barriers to keep the cars from parking on the marked sidewalk. He would prefer not to hav a concrete sidewalk. President Postier questioned Pastor Anderson as to how soon they would be resurfacing this area. Pastor Anderson said as soon as they know the outcome of,this Council meeting. Alderman Strain again questioned Pastor Anderson as to the placement of barriers in the sidewalk area. Pastor Anderson said that they would put them in. Alderman Hunziker stated that since he is employed across the street at St. Pius, he parks his car in the Gloria Dei lot and that they would abide by the barriers that Gloria Dei would construct and thought this was a good idea. Larry Dose Administrator of St.Pius Church was present and stated that they also have plans for re -surfacing the lot of St. Pius and that they do not want the concrete sidewalks in the area. They also would mark a specific area and use it as strictly sidewalks. President Postier asked Mr. Dose if they would paint the walk area. Mr. Dose said that they would do that. Having no one else present that wished to be heard, President Postier closed the hearing. After Council discussion, Hunziker moved, Allen second to approve the project and adopt Resolution No. 350-86 but leave the area involving the two churches to resurface the area of Gloria Dei and paint the sidewalk area. The area around St. Pius would be resealed and paint the sidewalk area.too. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Sidewalk Replacement and Fill -Ins No. 2 -1986 J 8944. Wishing to be heard was Mary Ann Klingfus of 3008 7th Ave. N. W. and stated that the area has a problem with sinking. She does not want to pay for more walks if the problem of sinking and causing the sidewalks to break up is not corrected. Public Services Dept. is instructed to go to the area and check on this problem. Wishing to be heard was Eugene Toomey of 2005 6th St. S. W. and state that he is in favor of the sidewalk project, however, the area across the street is unkept and the grass is long and he feels that they should also have to put in the sidewalk or at least keep up the prope ty. Ir 2676 Agenda Item B-7 B-10 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Annual Meeting No. 1 - June 2, 1986 Harold DeVries of Public Services Dept. stated that the area in which Mr. Toomey is referring to is included in the project. He stated that it belongs to Mr. Douglas. Mr. Toomey stated that he has called the Park Dept. about this problem and they do nothing about it. President Postier reminded Mr. Toomey that in some areas you don't find sidewalk always across the street from each other. It depends on the usage. Wishing to be heard was Connie Smith of 2917 7th Avenue N. W. and is also concerned about the sinking of the sidewalks and would like to see the problem addressed before they invest in any more sidewalks. Alderman Solinger stated that he talked with the people about this and has asked Mr. Plumb of the Public Services Dept. to check this . Wishing to be heard was Clyde Douglas of 604 Hill Avenue - Ext. of 6th St. S. W. He is the owner of the property Mr. Toomey was referring to. He stated that he was planning on having the sidewalk done and thus did not cut the weeds. He did however, want to know who owned the lot next to his. He state( that this was a weed mess and should be mowed. Wishing to be heard was Bill Ike of 1310 12th Avenue N. W. and stated that if the churches involved in the sidewalk in Hearing B-8 were not going to have to put in new sidewalks, then the three homes - between the churches should be exempt. Wishing to be heard was Mary Lee Matthes of 527 20th Avenue S. W. and she stated that Midwest Federal owned the lot that Mr. Douglas was talking about. Wishing to be heard was Mrs. Katherine Healey of 1302 12th Avenue N. W. and is one of the owners of the three homes in the area of the churches in B-8. She is opposed to the sidewalk. Wishing to be heard was Dave Betchei owner ofa convenience store at the end of lst St. N. E. and did not want the sidewalk. He has blacktop parking and the street goes nowhere but to the adjoining property. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Strain moved, Bluhm second to adopt Resolit.ion No. 351-86 deleting the three homes on 12th Avenue N. W. and the lot by the Printers eliminated but to include the lot next door to the Printers to the sidewalk inplace. Ayes (7), Nays (0). Motion carried. Alderman Solinger wanted a report back to the Counc. on the happenings the other people had near the 7th Avenue N. W. problem. A Hearing on the New Sidewalk No. 3 - 1986 - J 8945. Wishing to be heard was a resident of 2440 25th Street N. W. and presented a petition opposing the sidewalk on the East side of 25th Avenue N. W. He stated that all the 8 families living on the East side signed this petition in opposition. Alderman Strain stated that he could see that 24th Street is a major traffic artery -and wondered why this area was not considered for sidewalks. Wishing to be heard was Townsend Porter of 2423 23rd St. N. W. and is opposed to this project. He stated that he built a garage and by putting in a sidewalk the slope would be so steep that he would not be able to get his car in the garade. Alderman Strain wondered if the sidewalk would be put nearer the curb if this would help. He stated that it would not help much. Roger Plumb, Public Services Director stated that he would check out this situation and do what they could to help Mr. Porter. Wishing to be heard was Tom Paska of 2415 22nd St. N. W. RECORD OF OFFICIAL PROCEEDINGS OF 'THE COMMON COUNCIL . CITY OF ROCHESTER, MINNESOTA 26"7 Annual Meeting No. 1 - June 2, 1986 Agenda Item B-10 He is opposed to this sidewalk. He stated that snow blows in, plows have a hard time removing the snow and this is not a practical area for sidewalks. Wishing to be heard was Bazil Luck of 2430 24th St. N. W. is opposed. Wishing to be heard was Dick Boutelle of 2431 24th St. N. W. and sees no need for the sidewalks on the Eas side. He would also lose two maple trees if this project were appr Alderman Strain asked Mr. Boutelle if the sidewalk was used by kids going to the park. Mr. Boutelle stated that he has yet to see a kid in the vicinity. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to approve the project and adopt Resolution No. 35,2-86 deleting the 8 lots on the East side of 25th Avenue. Ayes (7), Nays (0).Motion carried. B-9 A Hearing on the New Sidewalk No. 4 - 1986 J 8946 - Country Club Manor area - lst St. , 2nd St., 37th Ave. and 7th Street N. W. Wishing to be heard was Michael Lilla of 3620 2nd St. N. W. and is opposed to this walk. He has a petition against the signed by 13 families. Wishing to be heard was Randy Huston of 164 37th Avenue N. W. and is in favor of this. He stated that he witness several near misses on cars hitting kids. Wishing to be heard was Keith Gore of 3605 36th St. N. W. and asked the Council why the developer was not required to put in sidewalks when they build houses. President Postier stated that they do at the present time, but when this area was developed they ( the City ) did not require sidewalks to be included. Wishing to be heard in opposition was Scott Dahl of 188 37th Avenue N. W. Harold DeVries stated that this project was included this year because of phone calls that he received to put sidewalks in the area. Alderman Allen stated that since this is in his area, and he had a sidewalk put in front of his own house, he can see the need for this project. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Canfield second to adopt Resolution No. 353-86 approving the project. Ayes (7), Nays (0).Motion carired. B-11 A Hearing on the Proposed Assessments - Snow Removal. Wishing to be heard was Wayne Triplet of 15 Viking Village. His stated that the City has assessed the area for snow removal and they have contracted a firm to remove the snow. His is opposed to this charge. Wishing to be heard was Eugene Omarro of 1106 12th Avenue N. W. and stated that he would like to be exempt because he did not have any snow removed. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 354-86 approving the assessment excluding the property at Viking Village and the Omarro property in Conneleys Addition ( 1106 12th Avenue N. W. Upon. Roll call vote, Aldermen Bluhm, Canfield, Hunziger and Solinger voted Aye. Ayes (4). Aldermen Allen, Strain and President Postier voted nay. Nays (3). Motion carried. B-12 A Hearing on the Proposed Assessments - Tree Removal - Wishing to be heard was Mary Madson of 1213 East Center Street. She stated that she was not contacted by the Park Dept. when this tree was ed. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2670 Agenda Item B-12 E-18 F-1 CITY OF ROCHESTER, MINNESOTA Annual Meetina No. 1 - June 2. 1986 going to be taken down. She had a private contractor hired to remove this tree for $200. Before they could come, the City came without notifying her and removed the tree for more money. She is opposed ti this assessment. Hvaing no one else present that wished to be hear) President Postier closed the hearing. Canfield moved, Strain second adopt Resolution No. 355-86 approving the assessment and only charging Ms. Madson $200.00 for the removal of her tree. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 356-86 approving the Amendments to the CY1985 City /RCL Agreement with the following changes: 1090 - Max. allowable for adv. will be $13,098. 1135 Max. allowable for mileage reimbursement will be $4,487.00 1040 Fringe benefits shall inc. cost of pensions. Council had a question on the continuance of a pension in the event that this was cancelled. Tony Knauer of the Public Services Traffic Div. stated that this is an annual benefit and if the bus service discontinues so does the pension. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning certain property to B-4FF General Business - Flood Fringe on 5.62 acres in area of 12th St. S. W. in the area of Octopus Car Wash and the office building to the south ,etc. was given its first reading. Having no further business, Allen moved, Bluhm second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk Information - 6-2-86 1. Notice of Complaint - Tayte Richard Peterson - Ref. City Attorney and Finance. 2. Notice of Claim - Clara McKeown - Ref. City Attorney and Finance 3. Notice of procedure received from Olmsted Co. Board on the East Circle Drive Project. It states ROW acquisition problems have caused delay but Construction is still planned on later this year. to 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item ME D-1 E-1 E-2 E-3 E-4 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 need a curb cut from the curb to the front door of the church. They are in need of this because of cars needing to be used for funerals and weddings. Also the older people use this for going to and from the church. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 359-86 approving the project and include the curb cut as requested. Ayes (7), Nays (0). Motion carried. A Hearing on the vacation No. 86-7 Petition to vacate various utility easements located in Resubdivision No.'2 of West part of Block 1, Silver Acres Subdivision ( Village Green and Winchester Apt.) Wishing to be heard was David Bishop of 1185 Plummer Circle S. W. and is the owner of the property. He urged the Council to approve this vacation. He is getting the easements that are now under his buildings and will present the documents as soon as they are ready substantiating this statement. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Allen second to adopt Resolution No. 360-86 approving the vacation. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 361-86 referring the petition for Sanitary Sewer and Watermain Ext. to serve the Knights of Columbus on Highway 14 East - on the south Frontage Road to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to approve the placement of the requested sign in front of City Hall by the Rochester Exchange Club. This is given with the understanding that the City reserves the right to rescind this authorization or reinstall the sign at another location in front of City Hall if the Council should so desire. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 362-86 approving the lease agreement for 625 loth Avenue S. E. This is a one year lease with Janel Brockel, Dee Danielson and Lori Ewoldt and Sandy Tjaden. The amount of rent will be $700.00 per month. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Kahler Hotel be des- ignated as developer for the Rochester Plaza Hotel project and that staff be instructed to begin negotiations on a Phase I agreement. Such designation is made with the understanding that the Rochester Plaza Hotel project needs to proceed on a schedule that permits coordination with D5 development plans. Ayes (7), Nays (0).Motion carried. Canfield moved, Bluhm second to adopt Resolution No. 363-86 authoriz- ing the selection of Braun Engineering and Testing to conduct an asbestos evaluation of the buildings to be acquired and demolished for the Center Place project. Ayes (7),Nays (0).Motion carried. The total amount of this agreement is approx. $17,000 to $26,977. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 Agenda Item E-5 Allen moved, Strain second to approve the request from the Third Street merchants to use the sidewalks for display purposes during the week of June 23-29, 1986. This is for the annual Sidewalk Days. Ayes (7), Nays (0).Motion carried. E-6 Allen moved, Strain second to approve the extension of the Energy Action Committee grant from the Minnesota Department of Energy and Economic Development to June 30, 1987. Ayes (7), Nays (0).Motion carried. E-7 Strain moved, Allen second to adopt Resolution No. 364-86 approving the supplemental agreement No. 1 for AIP 3-27-0084-01 Mn Contract No. 1660 in the amount of $173,550.46. This makes a new total in the amount of $666,861.24. This is City project J 6929. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 365-86 authori ing the City to grant an on -sale intoxicating liquor license to the concessionaire at the Mayo Civic Center. This is made possible by legislature of the State of Minnesota enacted thru laws 1986, Cha ter 437. Ayes (7), Nays (0).Motion carried. E-9 Bluhm moved, Allen second to approve the following licenses & bonds: Request received from Wayne Prigge, Byron for a license to construct cement sidewalks, curb and gutters and driveways in the City of Rochester for a period ending December 31, 1986. Request received from the Canadian Honker Restaurant of 1239 Second Street S. W. for an Off -Sale Non -Intoxicating (3.2 beer) for a periol ending March 31, 1987. Request from Robert Haley, Plainview for an application to construct cement sidewalks, curb and gutters and driveways in the City for a period ending December 31, 1986. Request recieved from the V.F.W. Post 429 for a single dance permit for June 25, 26,27,and 28. This is in conjunction with the VFW State meeting and a wedding. Request received from the Minnesota Women's Fund for a 5K Run and 1 mile walk on June 14, 1986 starting at 9:00 A.M. and continuing until 11:00 A.M. This was previously approved by a vote of aldermen Request received from the Rochesterfest Committee for a dance permit for the Mayo Civic Auditorium for June 13 and also an application for an Auction to be held at the same time. This was given prior approval by aldermen. Request received from Little Caesar's , Barclay Square for an application for a single dance for a Loveline Party for June 19, 1986. The following renewal licenses have been submitted: Russell Construction Company R.R. # 2 - Construct Cement sidewalks curb and gutters and driveways. for Asphalt sidewalks, curb and gutters and driveways - Harold Blacktop Co. of 1727 3rd Ave. S. E. On -Sale Sunday Liquor received from Rascals Nite Club at 8 South Broadway. Master Installer - Heating Ventl. and Air Cond. received from James Keehn of Alpek Sheet Metal and Roofing. Ayes (7), Nays (0).Motion carried. Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 Canfield moved, Allen second to approve the request received from The Rochester Jaycees for the annual Kiddie Parade to be held on July 4, 1986. Ayes (7), Nays (0). Motion carried. The route has been approved by the Rochester Police Dept. Strain moved, Allen second to approve the Accounts Payable in the amount of $707,503.04. This is semi-monthly and the record is on file in the City Clerk's office. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 366-86 authoriz- ing the City Clerk to advertise for bids on five police cars - and one mid size unmarked sedan. The bids will be opened at 11:00 A.M. on July 15, 1986. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to adopt Resolution No. 367-86 on the adjustment of fees for the City Zoning Ordinance, Subdivsiion Ordinan( and other fees. These cover various phases and are listed in the resolution. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the No. 86-6 Annexation by Ordinance of the property at 997 Skyline Lane S. W. The City Attorney was instructed to prepare the Ordinance. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the No. 86-13 Request for a metes and bounds conveyance of unplatted land at 1418 24th Avenue S. E. This includes the roadway easement be vacated and replaced with a private driveway easements. Resolution No. 368-86 was adopted. Ayes (7), Nays (0).Motion carried. Allen moved, Canfield second to approve the request for a preliminary PUD on 0.73 acres of vacant land at 21st Avenue N. W. and Valleyhigh Drive N. W. This is Planning No. 85-7. Alderman Allen was concerned about the drainage problem in the area and Alderman Allen stated that he made the motion based on the fact that the Public Services Dept. would take care of the drainage problem. The motion also included the following eight stipulations in addition to solving the drainage problem. 1. The developer build the sidewalk along 21st Avenue and Vallevhigh Drive at the time of construction. 2. Extend the 8" sanitary sewer main to the north property line to provide service location for the vacant property to the north. 3. Provide the necessary information to the Water Department and revise the water service line sizes to conform to City standards. 4. Provide 4" or larger house or unit numbers on the buildings as well as the street address on the mailbox cluster in the 21st Avenue N. W. right-of-way. Exterior lights are provided in the plan on the garage! and on the buildings at the entrances. 5. Submit a design of the 6' high fence or planting screen which will be used to buffer the project from the two single family homes to the northeast. The design of the fence should be high quality and have an attractive appearance on both sides. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2683 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 Agenda Item E-16 6. Provide a design of the trash enclosure. The fence should be solid wood to screen it from the Valleyhigh Drive traffic and the neighbors across the street. 7. A final plat should be submitted as required by Section 64.404 of the Zoning Code at the same time as the final plan application or at least approved prior to any building permits being issued. 8. The condominium documents should carry a prohibition on the parking of recreational vehicles since no specific area or extra parking spaces are provided on the site for long term storage. Ayes (7), Nays (0).Motion carried. E-17 Allen moved, Strain second to approve the Preliminary Plat No. 86-12 of Cantebury Subdivision. Alderman Allen questioned the availability of access of the owners in the cul-de-sacs to, CSAH 34. Alderman Allen noted that there is no access available and asked Mr. Rossman of the Traffic Department is any access is ever being planned for CSAH 34 - N. W. Mr. Rossman stated that there was no access planned and Alderman Allen then stated for the record that the people living on these cul-de-sacs will be cut off any access to CSAH 34. They would have to go to 36th Avenue. Ayes (7), Nays (0).Motion carried. E-18 Bluhm moved, Strain second to adopt Resolution No. 369-86 approving setting a hearing to be held on July 7, 1986 on approval of a Technical Amendment to UMTA Grant Mn-90-0014. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Bluhm second to adopt Resolution No. 370-86 approving the agreement for engineering services (consultant) for Preliminary P' for 2nd Avenue - 3rd Avenue S. E. Bridge Replacement. The agreement is with Wallace, Holland, Kastler, Schmitz, and Company at a cost not to exceed $15,000.00. Ayes (7), Nays (0).Motion carried. E-20 Strain moved, Allen second to adopt Resolution No. 371-86 setting a hearing date for July 21, 1986 on Project No. 6207-4-86 Grading and Surfacing, Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer, Watermain and Service Connections in 7th Street N. W. from the West line of Country Club Manor 4th and 7th Sub. to approx. 1430 Feet West. Ayes (7), Nays (0).Motion carried. E-21 Allen moved, Strain second to adopt Resolution No. 372-86 and 373-86 setting a hearing date for July 21, 1986 on the Proposed project 6317-3-86 J 8930 - Concrete Sidewalk and Integrant Curb on the West side of the West Frontage Road Trunk Highway No. 52 from 2nd Street S. W. to 6th Street S. W. Ayes (7), Nays (0).Motion carried. E-22 Solinger moved, Strain second to adopt Resolution No. 374-86 author- izing the City Clerk to advertise for bids on Project No. 6453-86 J 8957 - Watermain Ext. in Skyline Lane to serve Lots 49 through 54 in North Sunny Slopes, San. Sewer to serve Lot 49 North Sunny Slopes, plus Sewer Connections stubbed into the boulevard. Bids to be opened at 11:OO A.M. on July 2, 1986. Ayes (7), Nays (0). Motion carried. ans RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-23 E-24 E-25 E-26 F-1 F-1 F-1 F-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 Solinger moved, Allen second to adopt Resolution No. 375-86 approv- ing the low bid of $169,766.23 submitted by Rochester Sand and Gravel, Rochester, Minnesota on Project No. 6241-84 J 2219 SAP 159-126-04 - Street Construction of 31st Avenue N. W. from the North Line of Plaza 41 Second Subdivision to 41st Street N. W. and on 41st Street N. W. from 31st Avenue N. W. to 509 Feet East. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 376-86 approving the low bid of $397,683.55 submitted by Elcor Construction of Rochester, Minnesota. This is for Project No. 6304-86 J 2146 on Construction of Storm Sewer in 4th Avenue W, lst St. N. to 1st St. S. and in 1st St. N. W. W. Center St. and lst St. S. W. from 3rd to 4th Avenue plus Watermain and San. Sewer. Ayes (7), Nays (0). Motion carried. The awarding of this Contract is contingent upon an agreement between the Mayo Association and the City for their share of the construction work has not been executed. This is contingent upon awarding of said agreement. Allen moved, Strain second to adopt the City of Rochester Resolution No. 377-86 approving a resolution of the Public Utility Board approving a purchase agreement with Elcor Enterprises Inc. for the assets of the water supply and the distribution system owned and operated by Elcor Ent. Inc. The amount is $81,800. Ayes (7), Nays (0).Motion carried. Allen moved Canfield second to adopt Resolution No. 378-86 awarding the low bid of $60,627.40 to Doyle Conner Co. of Rochester for Project No. 6310-3-85 J 8917 Concrete Curb and Gutter and Street Resurfacing on loth Avenue S. W. from 4th Street to 8th Street S. W. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Intoxicating Liquor; providing for an On -Sale Liquor License for the Mayo Civic Center Concessionaire; amending the Rochester Code of Ordinances, Sec. 125.01 and 125.090 and Repealing Sections 125,091,125.092, 125.093, 125.094 and 125.095 was given its first reading. An Ordinance Relating to Annexation of Lot 49 North Sunny Slopes in the town of Rochester amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester ( property at 997 Skyline Lane S. W. ) was given its first reading. An Ordinance Annexing to the City of Rochester Mn. unplatted land on property purchased by the Utility Department -in Cascade Twp. ( 37 acres ) was given its second reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance relating to the Zoning Ordinance Amendments; Zoning Administrator approval of certain home occupation conditional uses; separation of accessory buildings in R-district; building projections in side yards in R-districts was given its second readini 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 - June 16, 1986 Agenda Item F-1 Bluhm moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (().Motion carried. F-1 Allen moved, Strain second to approve an owner contract prepared by McGhie and Bettwe with Riverview West, Phase II, JJT Limited and Leon Joyce Construction Company. This is for Sanitary Sewer and Watermain. Ayes (7), Nays (0).Motion carried. Resolution No. 379-86 was adopted F-1 Allen moved, Solinger second to adopt Resolution No. 380-86 approving an Owner Contract prepared by McGhie and Betts for Grading, Base, etc in Bel Air Fifth Subdivision. This is with Mohn-Penz Development, Hodge Family Trust and Rochester Sand and Gravel. Ayes (7), Nays (0).Motion carried. F-1 Bluhm moved, Allen second to adopt Resolution No. 381-86 approving an Owner Contract prepared by McGhie and Betts for Grading, Base, etc in Bandel Hills 2nd Subdivision; Schmidt -Daley Partnership and Road Constructors. Ayes (7), Nays (0).Motion carried. F-1 Strain moved, Allen second to adopt Resolution No. 382-86 approving an Owner Contract prepared by Yaggy Associates of Rochester for Public Improvements in Baihly Woodland 5th Subdivision; Southwest Woodlands Partners, Elcor Construction and Austin P. Keller Company, Inc. Ayes (7), Nays (0).Motion carried. H-1 The suggestion made by Alderman Canfield for a sort of complimentary ticket ( Parking ) in the downtown area for vistors was referred to the Committee of the Whole for further discussion. Having no further business, Strain moved, Allen second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk Information - 6-16-86 1. Notice of Claim received from Shelley E. Bearden - Ref.City Attorney and Finance. 2. Notice of Award on Stipulation - Wayne E. Baker - Ref. City Attorney , Personnel Dept. and Finance Dept. 3. Notice from Bankruptcy Court/ RE: American Central Airlines Ref. City Attorney and Airport Manager.