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HomeMy WebLinkAbout03-16-19872826 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 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, Hunziker, Solinger and Strain. Absent: None. Bluhm moved, Allen second to approve the minutes of the March 2, 1987 meeting. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Final Plat No. 85-21 of Salem Sound. Wishing to be heard was Bill Tointon of McGhie and Betts, representing Lowell Penz, the Developer. Mr. Tointon informed the Council that he has secured the permits for the left lane off Salem Road and close the old median opening at the east end of the plat. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Hunziker was concerned about the refusal to pay the City for easement that the City needed. Mr. Roger Plumb, Public Works Director stated that they changed some routes and no longer need the easements that were in question. Mr. Plumb also stated that the sewer project in Foxcroft would have to go by this area to serve that plat. Alderman Canfield stated that he did not think this plat could be held up for easements, that may be used to serve another plat. Having no further discussion Bluhm moved, Canfield second to adopt Resolution No. 110-87 approving the plat. Ayes (7), Nays (0). Motion carried. `, B-2 A Hearing on the Final Plat No. 87-4 of Baihly Heights Second Sub. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 111-87 approving the plat. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat of No. 86-23 North Park Subdivision. Wishing to be heard: was James Lehman of 3612 55th St. N. W. and wanted to know the size of the lots. He was given that information by the Planning Department. Wishing to be heard was Craig Wendland, Attorney for Dingle and Suk Law Offices and was present for any questions the Council may have. Having no one present that wished to be heard, President Postier closed the hearing. After Council discussion Dave Pennington, 3705 55th Street N. W. stated that he had a problem with a construction easement. This would mean loss of trees and a drain field. Fred Suhler, City Attorney stated that this should be taken care of now if possible and this should be tabled until the two people involved get together and settle this before Council should take action. Based on this information, Allen moved, Strain second to table this until such time as the developer and Mr. Pennington worked out a solution. Ayes (7), Nays (0). Motion carried. This item was brought back later in the evening. B-4 A Hearin on the Vacation request No. 87-2 to vacate a 10 foot 9 q utility easement along the east side of Lot 11, Block 2, Manor Wood West First Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Allen second to adopt Resolution No. 112-87 approving the vacation with the condition that only the west 5 feet of the 10 foot utility easement except for the north 5 feet and the south 10 feet along the ease side of Lot 11, Block 2, Manor Woods West Sub. be vacated. 1 Agenda Item B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 30 - March 16. 1987 Ayes (7), Nays (0).Motion carried. A Hearing on the Application for Planned Unit Development ( Amended Final Plan ) PUD-R-85 located at the corner of 21st Avenue N. W. and Valleyhigh Drive to be known as Auburn Place. Having no one present.that wished to be heard, President Postier closed the hearing Allen moved, Bluhm second to adopt Resolution No. 113-87 approving Amended Final Plan with the following five conditions: 1. The entry sign and landscaping. indicated on the plan southerly of the main entrance should be kept low ( 2 112 to 3 feet ) so it doesn't obstruct the view of motorists leaving the site. The sign should indicate the street address of the project and an identif ing symbol or number should be located on each unit under the light fixtures. 2. Applications for electrical service and all necessary permits mus taken out for the sidewalk along Valleyhigh Drive and the approach of 21st Avenue before construction of any units. 3. The 12 inch storm sewer from the catchbasin in the parking lot of plan should be rerouted so it is all on private property before it connects with the 30 inch sewer being built by the City, or if left where shown on the plan, be increased in size to 30 inches. 4. Provide prior to construction a replat of the property presently platted as Stratford Court Subdivision. The replat should create the seven townhome lots and the commonly held open space lot. Revised townhome associd_tion documents should be provided with the replat. Th documents should carry a restriction against the parking of recreational vehicles on the site as was part of the approved plan. 5. The storm shelter should be moved slightly so no part of it en- croaches into or over the utility easement. It should be bermed to th height of 8 courses of block on three sides. The roof anchoring system should be able to withstand the same amount of internal pressure as external pressure. The storm shelter design should meet all Building Code standards as regulated by the Building and Safety D Alderman Hunziker asked if this was the first time a storm shelter was being built? Alderman Allen stated that the Council had required them in others. Vote was taken. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Project No. 6255-87 J 8980 Proposed Project on San. Sew. and Watermain Alg. the North Side of 55th St. N. W. from the West Line to the Harborage Sub. to the West Line of Proposed North Park First Sub. was held to be considered at a different time. B-7 A Hearing on the Proposed Project No. 5402-87 J 8960 Regrading and Resurfacing 20th Avenue S. W. from 2nd Street S. W. to 5th Street S. W. Having no one present that wished to be heard, President Postier closed the hearing. Canfield moved, Allen second to adopt Resolution ,No. 114-87 approving the project. Ayes (7), Nays (0). Motion carried. 29, 29 be the !pt. ��® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item A Hearing on the Proposed project No. 6107-87 J 8952 - San. Sewer, Watermain and Service Connections in Golden Hill Addition, Hilmer's High View Acres and Toogood Plaza. Wishing to be heard was Arnold Steinlage of 1641 Carmen Valley and wanted to have the assessment policy explained to him. He is out of the City, but wanted to see how this project would eventually affect him. Mr. Roger Plumb, Public Services Director explained the practice and stated that when his property became annexed to the City, all assessments would be charged against his property. Wishing to be heard was Richard Pagnotta of 1767 3rd Avenue S.W. and represents Southwood Townhome Association. He is also representing Donald Nelson of 1753 3rd Avenue S. W., Dan Sorenson of 1773 3rd Avenue S. W., Joyce Hockett of 1769 3rd Avenue S. W. and Linsey Shorter of 1751 3rd Ave. S. W. He stated that when these units were built three years ago they were hooked up to the water system and it is unfair to have to be assessed again when they do not have any benfit.* Al Toddie, Public Services Dept. stated that they are located on a corner lot and were assessed on the 3rd Avenue project. Now 18th Street is having improvements considered and they should have to pay for a part of that too. Alderman Canfield stated that if this complex had not been built three years ago, and built at the present time, then this should have been the only assessment considered. Mr. Plumb stated taht a benfit can be seen that if a watermain breaks they would always have service from this other source. Also, they are given credit for 120 feet deduction on the assessment because they are on a corner lot. Wishing to be heard was Ferdinand Regal of 419 18th St. S. W. and was concerned that his property is lower on the street level and wanted to know the effects of this project. Mr. Toddie stated that the sewer would have to be dug in deeper except north of 17th St. where it is O.K.Mr. Regal wanted to know what would happen to the drainage in the area. Mr. Plumb stated that this is a San. Sewer and Watermain project and would not address the Storm Sewer in this project. Mr. Plumb stated that the drainage would be left as it is at the present time. Wishing to be heard was Thomas Weber of 518 18th St. S.W. and is end of a dead end road and asked Mr. Plumb if this project would all summer long to build. Mr. Plumb stated probably all summer. at he tak Wishing to be heard was Scott Harris of 1215 18th St. S.W. He wanted to know if he can still use his.well if he only hooks up to the sewer. Mr. Al Toddie stated that he could use his well if he obtained a yearly permit to use this from the Health Dept. Wishing to be heard was Mrs. Conrad Anderson of 1616 4th Ave. S. W. and does not think the sewer can be dug deep enough to serve her property. She also had a problem that she does not abutt any street and does not know if she can use this or not. Public Services Department will check this out for her. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 21,931 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No- 30 - March 16, 1987 Agenda Item Wishing to be heard was.Norma Spicer of 1731 4th Avenue S. W. and B-8 wanted to know if she has to pay for two sides. Mr. Roger Plumb stated that she has 93' of assessments on the one side. She will not pay for the other street. Wishing to be heard was Dave Alexander of 507 18th Street S. W. and lived in that area for 30 years. He would like to have Y's put in so that the City would not have to come -and dig up the street again if they needed to extend the project. Mr. Alexander stated that when they came into the City the cost was $68.00 instead of $52.00 This is a $15.00 a foot increase. He is paying $2,000. more for his assessment. Al Toddie explained that Golden Hill is solid rock and this costs more to go through. Wishing to be heard was Dave Jasperson of 445 17th St. S. W. and is also concerned about the usage because of the odd shape of his lot. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 115-87 approving the project and Alderman Strain included that the a note should be sent to the homeowners informing them of the possibility of puting in a Y at this time so that the street would not have to be dug up again. Ayes (7), Nays (0). Motion carried. B-9 A Hearing on the Proposed Assessments on the Project No. 8407- J 8861 Construct Frontage Road between 57th St. N. W. and Bandel Rd. N.W. Wishing to be heard was Craig Wendland of Dingle and Suk Law office representing Robert Theel property owner in the area. He requested that the Public Services Dept. re -compute the assessment. Mr. Roger Plumb, Public Services Dir. stated that this should be done as he thinks the Old Bandel Road is vacated and would like to check this out. NO ACTION WAS TAKEN ON THIS AT THIS TIME. B-10 A Hearing on the proposed Assessments on the Project No. 6310-3-87 J 8917 Concrete Curb and Gutter and Street Resurfacing in loth Avenue S. W. from 4th Street to 8th Street.S. W. Having no one present that wished to be heard, President Postier closed the hearin . Canfield moved, Strain second to adopt Resolution No. 116-86 approvi g the assessment. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat No. 86-23 North Park Sub. was brought back to the Council. Strain moved, Solinger second to remove the ite from the table. Ayes (7), Nays (0).Motion carried. Mr. Pennington stated that he would be willing to grant the 17 feet of additional easement along the north side of 55th Street N. W. across his land plus the 25 feet . He also stated that the easement that is required by the City would be dedicated at no charge. Bluhm moved, Canfield second to adopt Resolution No. 117-87 approving the plat with the above conditions. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the proposed Project for Sewer and Water Ext. on 55th St. N. W. The Harborage to proposed North Park - 6255-87 J 8980 was discussed at this time. Wishing to be heard was James Lehman of 3612 Villa Road S. W. He stated that this was too much money 2832 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item C-1 C-2 C-3 C-4 C-5 C. C-7 : for him to pay for assessments that he may never use. He is currently out of the City - However - when he comes in to the City he will be assessed for these improvements. He stated that even if Mr. Wendland is wiliing to pay $42,000. up front to secure this project, this will still leave him and the other property owners $25,000. each for the remaining. He does not think this is right. Having no further discussion, Alderman Strain requested that Mr. Wendland furnished the City a copy of the offer of $42,000. up front to the City . However, the Council was still concerned about the impa of this project and based on that a motion made by Alderman Allen, second by Bluhm to take this project back to the Committee of the Whole for discussion was suggested. Council agreed. Ayes (7), Nays (0 Motion carried. :t Allen moved, Hunziker second to approve the appointment of Herm Dybevik to fill the position of Detective in the Police Dept. effective March 17, 1987. Mr.Dybevik fills the position due to the retirement o Detective Arthur Mueller. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to approve the Appontment of Arthur Magruder to fill the position of Captain in the Police Dept. effecti March 17, 1987. He fills the vacancy by the retirement of Captain Clark Tuttle. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to approve the appointment of Roger Peterson.to fill the position of Lieutenant in the Rochester Police Dept. He fills the vacancy by the promotion of Arthur Magruder to Captain. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to approve the appointment of James Pittenger to fill the position of.Detective in the Police Dept. effective March 17, 1987. He fills the position created by the promotion of Roger Peterson to the position of Lt. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Mayor's appointment of Victoria Paucette of 2604 4th Ave. N. E. # 1 to the Human Rights Commission. Term to end 5-1-90. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to approve the Mayor's appointment of Rebecca Gonzalez-Campoy of 1232 2nd St. N. E. to the Housing and Redevelopment Authority. Term isfor five years from 1986 ( June ) to June, 1991. Ayes (7), Nays (0).Motion carried. The appointment to the Housing Board of Appeals was withdrawn. The appointee lived out of the City. No action was taken. Canfield moved, Strain second to approve the following appointments by the Mayor to the Music Board subject to them living in the City Limits. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item C-8 At Large Margery Allen, , 526 6th Ave. N. W. - to Jan. 1989 Jacqueline Goodyear , 340 First Bank Bldg. to Jan. 1988 Mrs. Ann B. Huey ,.207 5th Ave. S. W. to Jan. 1988 Robert Pettit , 905 9th Ave. S. W. to Jan. 1988 Carol Suddendorf, 512 5th St. S. W. to Jan. 1990 Henry Dion , 718 loth Ave. S. W. to Jan. 1989 Third Ward Paul Benjamin, 2311 18 1/2 St. N. W. to Jan. 1989 Ex Officio - Ron D. Hanson, 5601 Hwy 63 North Jim Kelly, 926 Paxton Rd. S. W. Ayes (7), Nays (0).Motion carried. C-9 Bluhm moved, Strain second to approve the appointment by the Mayor of Diane M. Huse of 878 West Village Circle S. E. to fill the vacan of Phyllis Larson. This is to the Historic Preservation Committee: Ayes (7), Nays (0).Motion carried. C-10. Bluhm moved, Hunziker second to approve the appointment by the Mayor of James R. Hesse of 1837 18 1/2 St. N. W. replacing Arthur Gittus to the MACADA Committee. Ayes (7), Nays (0).Motion carried. C-11 Strain moved, Hunziker second to approve the appointments by the Mayor to the Cable TV Advisory Committee as follows: Donald Ryan, 2925 7th Avenue N. W. to fill the unexpired term of Carl Laumann - 12-31-87 ; Jeffrey Lueders of 2015 41st St. N. W.- to fill the unexpired term of Vishnu Dutt.term to 12-31-89 - New members - Jerry Smude of 221 16th Avenue S. E. to 12-31-89 and Mae Collins of 2404 4th Ave. N. W. to 12-31-89. Ayes (7), Nays (0).Motion carried. It was suggeted by the Council that one or two members of the Council should be considered a part of this committee and President Postier could consider that when he makes his annual appointments in June. C-12 Allen moved, Strain second to approve the following appointments by the Mayor to the Citizens Advisory on Transit: David R. Fensen of 2120 9t,h Ave. N. E. to fill the unexpired term of Elizabeth Burnett - term to 12-31-88; Dale A. Polton of 325 First Avenue S. W. to fill the expired term of Wendy Madison to 12-31-89. Ayes (7), Nays (0).Motion carried. C-13 Strain moved, Hunziker second to approve the appointments by the Mayor to the International Affairs Committee as follows: Donna Jefferies of 6014 Woodridge Ct. N. E. replacing Nancy Moltaji. Ayes (7), Nays (0).Motion carried. C-14 Strain moved, Allen second to approve the Mayor's Appointments as follows to the Library Board: Anthony Stanson of 1417 28th St. S. W. replacing Audrey Anderholm Cty. appt. to Jan.:990 and reappoint Joseph McGlinch of Box 573 Byron to Jan. 1990 Ctv ApEt. and William Vol kinar or 725 4th Ave. S. E. to Jan. 1990. , 283,l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting 30 - March 16, 1987 Agenda Item C-14 President Postie, Alderman ilen President Postiei Alderman Allen President Postiet Alderman unziket Alderman Plien Alderman Funziket Alderman Strain Alderman Allen Alderman Allen Alderman Sprain President IPostier Alderman Strain President ostier Alderman S rain President rostier Alderman Sprain Alderman H6nziker President Postier Alderman H nziker A:1�de.rman Allen Alderman_ S- rain Pr esident'lostier Discussion was held by the Council on the reappointments/appointment to the Library Board as prepared by Mayor Chuck Hazama. Will you .please -,go along with .that- instructing the°,,news media- th one gentleman down at the bottom' - 'not to use the news media quite s much to take shots at the Council. That is right, it is our only chance. It is our only chance. That's right. If the -Council voted not to,put him in again, I would sustain the mo very honestly. What are you saying? This is our only change to look at the Library Board. Yes. Do you want to hold these? Not particularly. I think that comment is sufficient. I don't think you can single out just one. I think the whole group had a tendency to go.public and I know Mr. Volkmar personally and I know that he is a dedicated person. Oh, I do too. And, I would second what you are saying - For the whold group - that is not the place to do business in the press. Would someone put that in form of a motion? Ill move approval in block. And that includes the recommendation to accept the things stated by the council? I guess I don't want to put that in a motion. I don't particularly want that in a motion to approve these people. I am sure the press will pick this up. I am sure they will. I will second the motion 0. K. in block.. All' in favor"of;.the�-motion say aye. Ayes (7), Nays (0) Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item C-15 Bluhm moved, Hunziker second to approve the Mayor's appointments to the Zoning Board of Appeals as follows: Charles Lancaster of 253 13th Avenue N. W. He fills the unexpired term of Thomas F. Murray of 9-1-89. Reappoint Dorothy Combs of 1103 7th st. S. W. to Term to 9-1-89. Ayes (7), Nays (0).Motion carried. C-16 Hunziker moved, Solinger second to approve the following appointment by the Mayor to the Park Board as follows: Reappoint - John Withers, Second Ward -1834 Walden Lane S. W. - June1988 and Ken Johanson, Fourth Ward - 1514 Durand Ct. S. E. to June 1988 and Appoint - David H. Senjem of 2323 12th Ave. N. W. replacing Paul Finseth of the Sixth Ward - Term to June , 1988. Ayes (7), Nays (0).Motion carried. C-17 Strain moved, Hunziker second to approve the Mayor's Appointments as follows to the Planning and Zoning Commission: Christopher Colby of 618 20th Street N. E. - Term to expire Dec. 1989 and Bernard Parker of 3510 15th Avenue N. W. - Term to expire on December, 1989 and Joseph Roque of 917 19th St. N. E. - Term to expire on December, 1989. Ayes (7), Nays (0).Motion carried. C-18 Allen moved, Bluhm second to approve the following appointment by Mayor Hazama to the Public Utility Board as follows: Roger Toulouse of 1508 21st Avenue N. E. to a four year term to June, 1990. Ayes (7) , Nays (0).Motion carried. C-19 Bluhm moved, Solinger second to approve the following appointments by the Mayor to the Downtown Development Advisory Board : Robert Gill of 511 Northern Hills Drive - Term to expire 12-31-89; Gary Haydon of 3560 6th Street N. W. - Term to expire 12-31-89; Carolyn Richards of 600 Fourth Street S. W. term to expire 12-31-87 James -Carroll of 2110 Valkyrie Dr. N. W. term to expire 12-31-87. Ayes (7), Nays (0).Motion carried. C-20 Strain moved, Allen second to approve the Mayor's Appointments of Robert Patnaude to the Building Code Board of Appeals . Term to run until May, 1988 . Ayes (7), Nays (0).Motion carried. D-1 Solinger moved, Strain second to refer the petition to rezone areaa from West Center Street to Cascade Creek, from 13th to 16th Ave. from R-2 to R-1 to the Planning and Zoning Commission for review and recommendation. Ayes (7), Nays (0).Motion carried. D-2 Allen moved, Bluhm second to adopt Resolution No. 118-87 referring the petition for local improvement on extension of 40th Street N. W. from its existing state of completion to the West River Parkway to the Public Services Department for a feasibility report. Ayes (7), Nays (0).Motion carried. E-1 Discussion was held by the Council on the Application for the 14th Off -Sale Liquor License. Two applications had been received. One was from J.M. Hamilton and would locate in the D-5 Project. The other was from James Psomas and would locate in the downtown 2835 area. Agenda Item E-1 E-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Alderman Hunziker stated that he thought this license should be given to one of the applicants at this meeting. It has gone through two Committee of the Whole meetings and he is ready to vote. President Postier stated that he is not surprised that only two applicants showed interest at this time, half of the downtown area is torn up for other applicants to secure space. Alderman Canfield stated that of the two applicants, he thinks the locations are good. Alderman Bluhm stated that he thinks the applicants should have stated the exact location and does not like approving a license for a general area. President Postier stated the Council has three choices - 1. Select one of the two applicants for the license. 2. Do nothing. 3. Hold this in obey:ence. Alderman Canfield stated that he would like to see this held in obey ence. He wants to see this considered again. Alderman Hunziker wondered when this would be brought back for consideration. Alderman Solinger stated that back when this was considered after the Off -Sale store moved from the Kahler Hotel location, he was told that this was necessary to serve people for conventions. Since that time, and the store being sold, he would not be in favor of issuing this license without being in operation immediately. Two years is a long time to hold a license notin operation. He would like to see this brought back within 90 days. Alderman Canfield reminded the Council that the old location was open when this license was first sought after. Now the location is gone and so is that opportunity. Alderman Hunziker agreed that it is to late for that location. Alderman Strain stated that the City of Rochester has a couple of Liquor stores in the near vicinity. Alderman Hunziker questioned if this license is still up for grabs or can other people apply or what? Alderman Strain stated that the license can be sought after by other applicants, but that the two that presently applied will be considered. Alderman Strain also stated that the Council never guaranteed the applicants that this would be issued. Alderman Hunziker asked if a definite time table would be set if this was held in obeyl,�nce. Alderman Strain stated that the fall of 1988 would be a good time to bring this back. Aldermen agreed that this was too long and that it should be brought back January , 1988. Based on this, and having no further discussion by the Council, Strain moved, Bluhm second to hold this license in.obeyence until a future time ( January, 1988 ) when the Council would reconsider the issuance. The Council would consider these two applicants without reapplying. Also the Council would like to have a definite location stated on the applications. Upon Roll call vote, Aldermen Allen, Bluhm, Canfield, Strain and President Postier voted aye. Ayes (5), Aldermen Hunziker and Solinger voted nay. Nays (2). Motion carried. Hunziker moved, Strain second to approve the purchase of the railroad right-of-way in the Depot and Holiday Inn blocks for a total purchase price of $12,500. subject to a legal finding that separate walkway and footing easements will no longer be needed. Ayes (7), Nays (0).Motion carried. 1� Agenda Item E-3 E-4 E-5 E-6 E-7 E-8 E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Hunziker moved, Bluhm second to approve the acquisition of the Hruska property at 303-317 1st Avenue S. E. for the appraisal value of $43,000.00. Ayes (7), Nays (0).Motion carried. Strain moved, Allen second to approve the re -appropriation of the 1983, 1984, 1985 and 1986 Community Development Block Grant funds to the Downtown Development District Slum and Blight Removal account. CDBG funds to be re -appropriated include Downtown Rehab of $127,175. $196,691.81 of excess CDBG funds. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 119-87 setting a hearing to be held on May 4, 1987 of the vacation of a utility easement at 710 Westwood Court N. W. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 120-87 authorizing the execution of the Cooperative Construction Agreement for the improvement. of T.H. 63 from 4th Street to 9th Street South. The estimated City share of the project, based on estimated unit prices is $275,449.67. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 121-87 approvi an agreement No. 63944 with the State of Minn. Dept. of Transp. This is for plans and special provisions for the improvement of T.H. 63 from 4th Street to 9th Street South. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to approve the following licenses & bonds: Request received from Skoglund Communications, Inc. Duluth for a Sign Erector's license for the period ending Dec. 31, 1987. Request received from Elton Hills School Parent, Teacher, Student Association for their application for a raffle permit for April 28, 1987. Request received from St. Pius X Church for approval to obtain a Temporary On -Sale 3.2 beer license for May 2, 1987. Rochester Women's Duck's Unlimited request approval to hold a raffle to be drawn on April 30, 1987. Request received from Hiawathaland Civitan Club for an Auction Pe,rmit for an art auction on April 26, 1987 at the Holiday Inn Downtown. The following are renewal licenses: Annual Gambling Licenses (2) - Whitlock -Sonnenberg VFW Nol 1215 Church of St. Francis of Assissi, Inc. Cement Sidewalks, Curb & Gutter, Driveways (1) - Pencille Const.Co.Ir Sewer and Drain (1) - Austin P. Keller Construction Co., Inc. Auctioneer (1) Clark Vessom. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to granting a franchise for a limousine to Top Hat Partners of LaCrosse, Wisc. for a three year period ending April 30, 1990 and instruct the City Attorney to prepare an Ordinance making this effective. Ayes (6), Nays (0)..Alderman- Solinger abstained. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item E-10 E-12 E-T3 E-14 E-15 Allen moved, Hunziker second to approve the following Parades, Races, Walk-A-Thon: Watkins, Inc. Winona to hold a Distributor Parade on June 17, 1987 in connection with the kick-off of their four day conv. in Roch. The Department of Pediatrics at the Mayo Clinic for 5-10 K run/jog to be held on April 24, 1987. This will be held from the Kahler Hotel to Soldier's Field. The Woodside Resident Council, Inc. for a May 9, 1987 Fun Run or Walk for Woodside. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to approve the April 24, 1987 25, 1987 and 26, 1987 Tootsie Roll'Drive by the Knights of Columbus. Ayes (7), Nays (0).Motion carried. Bluhm moved, Allen second to approve the Accounts Payable in the amount of $1,527,909.23. List is on file with the City Clerk. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 122-87 awarding the low bid for a Skid Steer"'Loader and attachments for the Public Services Dept. in the amount of $17,287.00 to Chain Drive, Inc. Ayes (7), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 123-87 awarding the Cutback Asphalt to the following: Ashland Petroleum - Medium cure cutback asphalt @ .7456 per gallon Koch Asphalt - Rapid Cure cutback asphalt @ .7458 per gallon Northern States Asphalt - cationic asphalt emulsion @ .4842 per gal. Ayes (7), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 124-87 awarding the bids for aggregate products to the following: ROCHESTER SAND & GRAVEL - Washed sand @ $2.40/ton at pit Washed sand @ $3.90/ton delivered SHAMROCK ENTERPRISES - Pit run gravel @ $1.10/ton at pit Pit run gravel @ $2.65/ton delivered QUARVE-ANDERSON - 3/4" crushed rock @ $2.60/ton at quarry 3/4" -:crushed -rock @ .$4".30/ton delivered 1/4" sealing chips @ $4.35/ton at quarry I/4" sealing chips @ $6;;10/ton delivered 6" aggregate base @ $2.50/ton at quarry 6" aggregate base @ $4.20/ton delivered Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ��� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item E-16 Allen moved, Hunziker second to adopt Resolution No. 125-87 awarding the low bid for plant mixed bituminous to the following: Rochester Sand and Gravel - 2341 mixture F.O.B. plant @ $19.40/ton Hauling 2341 @ .24 /ton mile 2341 mix. delivered and laid in place @ $23.40/ton 2361 wearing course delivered and laid in place @ $32.00/ton. Ayes (7), Nays (0).Motion carried. E-17 Canfield moved, Bluhm second to adopt Resolution No. 126-87 authoriz- ing the City Clerk to advertise for bids for computer maintenance at the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on March 31, 1987. Ayes (7), Nays (0).Motion carried. E-18 Strain moved,Bluhm second to adopt Resolution No. 127-87 authorizing the City Clerk to -advertise for bids for modification of sludge piping, meters and valves at the: Water Reclamation Plant. Bids to be opened at 2:30 P.M. on April 9, 1987. Ayes (7), Nays (0).Motion carried. E-19 Allen moved, Canfield second to adopt Resolution No. 128-87 approvinc the orderly annexation of Westgate Service Center at 3000 Highway 14 West. Ayes (7), Nays (0).Motion carried. E-20 Solinger moved, Strain second to approve the Preliminary Plat of No. 87-5 Viking Hills Second Sub. Mr. Hexum requested the City of Rochester to obtain the public easements from the neighboring property owner to put in a storm sewer. If this is not obtained and a cul-de-sac is built on the property of Mr. Hexum's, the property owner on the other side would have problems in developing this piece of property. Mr. Hexum has been trying to negotiate with the neighboring property owner and has not been able to reason with them. If the City would ask and acquire the easements, then the storm sewer could be put in and if they ever wanted to hook up to it,it would be inplace. The City however was not interested in securing these easements at this time and advised Mr. Hexum to try and get them from the neighbor on his own behalf. Ayes (7), Nays (0).Motion carried. E-21 Strain moved, Allen second to adopt Resolution No. 129-87 setting a date for a hearing of April 6, 1987 on the vacation of a five foot utility easement along the southern boundary except for the east five feet of Lot 15, Block 4, Northgage Second Addition. Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, Strain second to adopt Resolution No. 130-87 approvii the Maintenance Agreement with Olmsted County for road maintenance from April 1, 1987 to April 1, 1988. Ayes (7)., Nays (0).Motion carried. E-23 Strain moved, Allen second to adopt Resolution No. 131-87 approving the proposal by Yaggy Associates, Inc. for engineering services on Project No. 6221-3-87 J 4349 Storm Sewer Improvements on 21st St. S. W. from TH No. 63 to 5th Avenue S. W. Ayes (7),Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item E-24 Allen moved, Bluhm second to adopt Resolution No. 132-87 approving the proposal by Yaggy Associates, Inc. for engineering services on Project No. 8703 J 4352 Replacement of Drainage Structure on 48th Street S. W. approx. 2,000 ft. west of TH 63. Ayes (7), Nays (0). Motion carried. E-25 Allen moved, Strain second to adopt Resolution No. 133-87 setting a hearing to be held on April 6, 1987 on the application for federal transit assistance for CY 87 operations and various capital projects. Ayes (7), Nays (0).Motion carried. E-26 Solinger moved, Strain second to adopt Resolution No. 134-87 approvin the evening discount rate in ramps as follows: 1. Move the beginning time to 5:00 P.M. and 2. Modify the rate to allow payment with 3 validation stamps. Ayes (7),Nays (0).Motion carried. E-27 Bluhm moved, Hunziker second to adopt Resolution No. 135-87 amending the Comprehensive Parking Resolution as follows: Section A- Angle Parkin 4 First St. N. W. on both sides from Broadway to First St. Section C - Special Parkin 1.7 First St. N. W. on the north side , 2 stalls immediately west of Broadway for H/C parking. Ayes (7), Nays (0).Motion carried. E-28 Bluhm moved, Strain second to adopt Resolution No. 136-87 and 137-87 declaring the costs to be assessed and setting a date for hearing of April 6, 1987 on the Proposed Assessment 6453-86 J 8957 - Watermain and Sanitary Sewer Ext. to serve Lots 48-54 , North Sunny Slopes. Ayes (7), Nays (0).Motion carried. E-29 Bluhm moved, Allen second to adopt Resolution No. 138-87 approving the Supplemental Agreement No. 1 for an additional amount of $1,119.40 on Project - 14th Street and llth Avenue N. W.; 14th St. and llth Avenue N. E. and 3rd Avenue and Hwy 63 South. This is with Doyle Conner Co. Ayes (7), Nays (0).Motion carried. E-30 Strain moved, Bluhm second to adopt Resolution No. 139-87 awarding the low bid submitted by Austin P. Keller Co., Inc. in the amount of $294,897.50 ( Base bid ) for Project No. 7804-3-85 J 8918 and Project No. 7804-3-86 J 8937 - San. Sewer Trunkline alg. Salem Rd. and Cdunty.ld. No. 122 from Green Meadows Pump Stn. to approx. 90 feet N. of S. Line Sec. 4, T106N,R14W - Watermain to serve Salem Sound lying in a part of the SE 1/4 Sec. 9, T106N , R 14W. Ayes (7), Nays (0). Motion carried. E-31 Solinger moved, Allen second to approve the following Resolutions as adopted by the Public Utility Board: Resolution No. 140-87 approving a purchase agreement with Ronald L. Seeger, Richard Rossi and Betty E. Lang, Joint owners of property located in W 1/2 of SE 1/4 of Se.c 8, T107N, R14W in 01smted Co. for a purchase of $43,500.00 1 Agenda Item E-31 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 30 - March 16. 1987 Resolution No. 141-87 approving a purchase order agreement with Petersen- Wisdorf for cable and conductor in the amount of $67,655.40 Resolution No. 142-87 approving a purchase order with Burmeister Ele. Co. for cable and conductor in the amount of $5,024.88. Resolution No. 143-87 approving a purchase order agreement with SBESCO for cable and conductor in the amount of $70,872.00. Resolution No. 144-87 approving a purchase order with Graybar Ele. Co. for cable and conductor in the amount of $112,871.99. Resolution No. 145-87 approving a contract agreement with Lake Area Utility Contracting, Inc. for construction of South Broadway Duct Pro;,,'ct. in the amount of $74,703.75. Resolu'.tion No. 146-87 approving a purchase order agreement with Cas Power and Equipment for 1987 - 4 WD tractor loader-backhoe w/4' extendable dipper in the amount of $23,366.00. Resolution No. 147-87 approving a purchase order with Westinghouse Electric Corp. for field eng. services for Silver Lake Plant Unit No. 3 five year major overhaul. Ayes (7), Nays (0).Motion carried. E-32 Bluhm moved, Allen second to approve the plans submitted to the City by OLM on March 5, 1987. This is subject to OLM working with the City and its`. consultants regarding the design and use of 1st St. and the adjacent alleys. Ayes (7), Nays (0).Motion carried. E-33 Strain moved, Allen second to retain the firm &'BRW for consultant services on the Corps of Engineers Stage IA and 113 plans for work on our riverfront. Ayes (7), Nays (0).Motion carried. E-34 Allen moved, Strain second to adopt Resolution No. 148-87 approving t revised agreement with the Minnesota Transportation Dept. for traffic signal and interconnect work on the South Broadway project. This totals approx. $4,903.88. Ayes (7), Nays (0).Motion carried. E-35 Bolinger moved, Allen second to approve the selling of Lot 1, Block 1 Laura's Replat to Robert and Donna Clark for $28,000.00 Ayes (7), Nays (0).Motion carried. E-36 Allen moved, Strain second to approve the use of sidewalks and other public places on March 26 and 27 for the annual Daffodil Days. This is from the American Cancer Society. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Relating to the Final Plan No. 85-15 property granting this final plan was given its second reading ( 1101 2nd St. S. W. ) Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (6), Nays (1). Alderman Solinger voting nay. Motion carried. ie RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ,2842 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - March 16, 1987 Agenda Item F-1 F-1 F-1 G-1 G-2 H-1 H-2 An Ordinance relating to the Liquor licenses of the City of Rochester was given its first reading. Allen moved, Bluhm second to adopt Resolution No. 149-87 approving the plans and specs. for Basic Construction in Willow Hills Sub. Phase II. This is with Elcor Construction CO. and Lowell Penz. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 150-87 approvin, the plans and specs.for Basic Construction prepared by Yaggy Colby Assoc. for Basic Construction in Meadow Hills, Inc. Ayes (7), Nays (0).Motion carried. The Proposed Builders Licensing Ordinance as proposed by the Rocheste Area Builders was removed from the table upon motion by Bluhm and second by Hunziker. Ayes (7), Nays (0).Motion carried. A letter was received from the Rochester Area Builders that this item have no action taken on it for two years. Bluhm moved, Canfield second to take no action for two years. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to remove the Reorganization of Alcoholic Beverage Ordinance from the table. Ayes (7), Nays (0). Motion carried. Bluhm moved, Solinger second to amend the Ordinance regarding the second bars within a licensed premises and how this should be handled,and instruct the City Attorney to draw up an Ordinance making this legal. Ayes (6), Nays (1).Motion carried.. Alderman Hunziker voted nay. Hunziker moved, Allen second to reaffirm the Council's wishes that the Plumbers and the Builders in the City of Rochester would not be required to be licensed at this time. Ayes (7),Nays (0).Motion carrie, Strain moved, Allen second to authorize that the Jefferson Depot House would be put up for bids. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Allen se and to adjourn the meeting. Ayes (7), Nays .Motion carried. City Clerk Information - Notices of Complaints received from Terry Throndson - Lewis Rich and Archie Brehmer,- these were referred to the Finance Dept. and City Attorney. Committee of the Whole Minutes of 7-21-86 and 2-17-87.