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HomeMy WebLinkAbout09-09-1987RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 9, 1987 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Alderman Canfield arrived at 7:33 P.M. Bluhm moved, McConnell second to approve the minutes of the August 17, 1987 meeting. Ayes (6), Nays (0).Motion carried. Alderman Canfield arrived. B-1 A Hearing on the CY 1988 State Transit Assistance applications. This is for a fix route and dial -a -ride operations. Having no one present that wished to be heard, President Postier closed the hearin McConnell moved, Bluhm second to adopt Resolution No. 446-87 and 447-87 authorizing the filing of the applications for State Transit Assistance in support of CY88 Fixed route and dial -a -ride operations and execution of the.required contracts with the State of Minnesota. Ayes-(7), Nays (0).Motion carried. B-2 A Hearing on the Petition to vacate a portion of the 10 foot Utility easement along the South side of 633 Fireside Lane S. W. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 448-87 approving the vacation subject to the condition that it include only the area on which the house encroaches. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat No. 87-15 Foxcroft Second Sub. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 449-I approving the plat. Ayes (7),Nays (0).Motion carried. B-4 A Hearing on the City Planning and Zoning Commission initiated amends to Chapter 67, 68 and 69 ( Flood Fringe, Floodway and Flood Prone Zoning Districts ) of the Rochester Zoning Code for the purpose of requiring that only structurally dry floodproofing of buildings is permitted to clarify that levees, dikes and dams may not be utilized as a means of floodproofing, and to clarify requirements concerning the effects of development in the floodway. Having no one present that wished to be heard,President Postier closed the hea, Alderman Solinger questioned the use of berming - would this be considered as levies or dikes. Ron Livingston of the Planning Dept. stated that it is not considered to be the same. He stated that thi-. is a requirement of the FEMA ( Federal Emergency Management Assoc.) and that only floodproofing done to a structure would be allowed. Dikes, etc. would not be considered as they are only considering structures to be allowed. Mr. Livingston stated that this is necessi for the City to obtain flood insurance. Alderman Strain stated that the flood insurance really isn't much and would like to see this matter tabled - he thinks there are to many unanswered questions to be considered at this meeting. Based on that comment, Solinger moved, Strain second to table this matter for further information and study at the Committee of the Whole meeting. Ayes (7), Nays (0). Motion carried. 294 ng. ,y RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 29-4 Agenda Item B-5 M. C-1 E-1 E-3 E-2 E-4 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 9, 1987 A Hearing on the_proposed project No. 6300-S-87 J 8989 San. Sewer and Watermain Ext. across TH No. 63 at 40th Street S. W. and along the East Side of TH No. 63 to St Bridget's Road and Along St. Bridget's Road to approx. 400 feet East of the West Line NE 1/4 NE 1/4 Sec. 26-106-14. Having no one present that wished to be heard, President Postier closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 450-87 accepting the project. The recommendation of the Council was to extend the sewer and water all the way across the property known as the B & F Property. This would be Alternate No. 2. Ayes (7), Nays (0).Motion carried. A Hearing on the Final Plat No. 87-13 of Westway Manor Third Sub. Having no one present that wished to be heard, President Postier closed the hearing. Alderman McConnell presented a plan that would line up the streets in a more feasible manner.He presented this to the Council. He stated that this plan would be acceptable to the citizens of Country Club Manor. Alderman McConnell stated that his drawing is the correct alignment of the streets and also stated that the intersection needs traffic control. Having no further comments, Strain moved, Bluhm second to adopt Resolution No. 451-87 aproving the Final Plat subject to the item that 8th Street N. W. cul-de- sac be rebuilt by the developer when 8th Street N. W. is extended. The other recommendations as brought forth by the Public Services Dept. have been taken care of. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to approve the position of David P. Thomson as Police Office of the City of Rochester, Mn. The effecti date is September 10, 1987. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 452-87 acceptin the proposal of Biospherics Inc. to provide certain engineering services at the Water Reclamation Plant with the stated changes in the contract to be included in the motion. Ayes (7), Nays (0).Motion carried. Solinger moved, McConnell second to instruct the City Attorney to prepare an Ordinance amendment on the Housing Code regarding Heating requirements. This involves Sec. 34.15 that allows a person' heat to stay on whenever the temperature falls below 50 degrees F.; any date on which the official temp. falls below 50 degrees F. Ayes (7),Nays (0).Motion carried. Hunziker moved, Solinger second to adopt Resolution No. 453-87 approvi the City to enter into a Stipulation Agreement with the Minnesota Pollution Control Agency to provide the terms and conditions under which the City shall provide for future compliance with effluent discharge standards at the Water Reclamation Plant. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to authorize the City Administrator to establish Just Compensation for properties to be acquired in connection with the Army Corps of Engineer's and to authorize staff ti complete the acquisition of property for the Just Compensation/Review appraisal value without further Council Action. Aeys (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2145 Regular Meeting No. 9 - September 9, 1987. Agenda Item E-5 Solinger moved, Hunziker second to approve the following costs that are affiliated with the moving of the former Bus Depot: 1. Approve the low quote to Tjepkes Builders in the amount of $1,247.50 to replace a deteriorated sill. 2. Approve the Asbestos removal in the amount of $300.00 3. Approve payment to Pieper Richmond Architects for $3,267.00 for Architectural services. Ayes (7), Nays (0). Motion carried. E-6 McConnell moved, Strain second to adopt Resolution No. 454-87 authorizing the City Clerk to advertise for bids on the excavation and utility relocation for the Kahler Rochester Plaza Hotel project. Bids to be opened on October 2, 1987 at 11:00 A.M. Ayes (7), Nays (0).Motion carried. E-7 Solinger moved, Strain second to approve the purchase of SuperAmerica property at 225 3rd Avenue S. E. in the amount of $42,000.00. Ayes (7), Nays (0).Motion carried,.' E-8 Hunziker moved, Bluhm second to adopt Resolution No. 455-87 accepting a proposal from Yaggy Colby Associates to provide professional design services for a proposed pedestrian plaza to be located on the west half of First Street S. W. fronting on the Center Place Retail Development. Ayes (7), Nays (0).Motion carried. E-9 Bluhm moved, Hunziker second to adopt Resolution No. 456-87 awarding the low bid of Rochester Sand and Gravel in the amount of $192,000. for the Zumbro Hotel demolition project. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, McConnell second to approve the.following licenses & bonds: Request received from Best Western Galaxy Motel/Wades Broiler Rochest for a Cigarette Vending Machine license for the period ending March 31, 1988. Request received from Joe Miller, Rochester, Mn. for a Master Installer's License for Heating.Ventilating and Air Conditioning for the period ending Dec. 31, 1987. Request for a license to Erect and Maintain Signs for the period ending Dec. 31, 1987 received from Nordquist Sign Company of Rochester. Request received from Lourdes High School for their Auction permit to hold an auction on October 24, 1987. Request received from Roger A. Bjerke of Rochester for an Auctioneer' License for a period ending Dec. 31, 1987. Ayes (7), Nays (0).Motion carried. E-11 Hunziker moved, Solinger second to approve the following requests: The AMA Chapter of Mayo Medical School for a Fun Run/Walk Fundraiser to be held on Sept. 12, 1987 from Soldiers Field Bike Path to Bamber Valley Road and ending at Memorial Parkway. U RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2946 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - September 9, 1987 Agenda Item E-11 Request received from The Kiwanis Club of Rochester for their annual Peanut Day on Sept. 22, 1987 from 7:30 A.M. to 7:00 P.M. Ayes (7), Nays (0).Motion carried. E-12 Strain moved, Solinger second to approve the request for an on -sale non -intoxicating malt liquor license for Twin Ports Parthenon, Inc. DBA Zorbas Restaurant located at Miracle Mile. Ayes (7), Nays (0).Motion carried. E-13 Solinger moved, McConnell second to approve the issuance of an on -sale wine license to Twin Ports Parthenon, Inc. DBA Zorbas Restaurant located at 44 17th Avenue N. W. ( Miracle Mile ). Ayes (7), Nays'(0).Motion carried. E-14 Strain moved, Bluhm second to approve the request to split an assessment. The amounts of $32,264.96 against Westway Manor lst Sub. be divided against the new plat Westway Manor 3rd Sub. This request was made by Johnson Drake and Piper of Rochester. The calculations are listed on the Request for Council Action. This is referred to the Public Services Dept. for implementation. Ayes (7), Nays (0).Motion carried. E-15 Solinger moved, Canfield second to adopt Resolution No. 457-87 approving the purchase of the Ford Taurus for $9,819. from Universal Ford for the Fire Dept. ( This is a 4 door sedan ). Ayes (7), Nays (0).Motion carried. E-16 Strain moved, Bluhm second to adopt Resolution No. 458-87 authorizinc the City Clerk to advertise for bids on a years supply of Aluminum sulphate. Bids to be opened at 11:00 A.M. on Sept. 29, 1987. Ayes (7), Nays (0).Motion carried. E-17 Bluhm moved, McConnell second to approve the request for a Variance No. 87-1 Extension of the approval period for the Preliminary Plat of Pinewood 2nd Sub. The new date for action would be Sept. 9, 1988. Ayes (7), Nays (0).Motion carried. E-18 Bluhm moved, Strain second to adopt Resolution No., 459-87 setting a hearing for October 5, 1987 on the Vacation of a portion of the 15' Utility Easement along the Northeasterly lot line of Lot 1, Block 4 Baihly Heights. Ayes (7), Nays (0).Motion carried. E-19 Canfield moved, Solinger second to approve the Preliminary Plat No. 87-14 of Bandel Hills Third Subdivision and granting them a two year time for the plat to be formulated and approved. Ayes (7), Nays (0).Motion carried. E-20 Canfield moved, Strain second to instruct the City Attorney to prepal an Ordinance making the Annexation of,City owned land for the Rochester Public Utilities Northwest Substation become part of the City. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 9 - September 9. 1987 Agenda Item E-21 A Request for a Variance No. 87-23 to Para. 67.400 (a) of the Zoning Code to permit the construction of single family dwellings with a lowest floor elevation below the flood protection elevation was discussed by the Council. Wishing to be heard was Larry Beilenberc of 954 Elton Hills Place N. W. and presented a map of the area. He stated that some of the homes that was built on the former lots would be at a lower elevation then the current homes that he would build. The fill would create a ponding area for the former homes and he would like a variance for the new homes so that they entire area is at the same elevation. Council would like more time to study this matter and with that suggestion, Canfield moved, Strain second to take this matter back to the Committee of the Whole for further study and input from the DNR. Ayes (7), Nays (0).Motion carried. E-22 Strain moved, Canfield second to adopt Resolution No. 460-87 setting a date for hearing on October 5, 1987 on the vacation request of the five foot utility easement on the east side of Lot 8, Block 4, Sunset Terrace Subdivision. Ayes (7), Nays (0).Motion carried. E-23 Canfield moved, Bluhm second to adopt.Resolution No. 461-87 approving the Supplemental Agreement/ Downtown Bus Stop evaluation and Design Study ( Fed. Project MN-05-0016 ). The amendment is in an increased amount of $4,300.00. Ayes (7), Nays (0).Motion carried. E-24 Bluhm moved, Strain second to adopt Resolution No. 462-87 authorizing City Staff to advertise for bids to be received October 1, 1987 at 11:00 A.M. on City Project 7551-.J 6307 Central Business District Traffic Signal Equipment. Ayes (7), Nays (0).Motion carried. E-25 McConnell moved, Hunziker second to adopt Resolution No. 463-87 adding Para 16.5 to Sec. B, No Parking Zones as follows: (16.5) Charles Ct. N. W. on the S. Side from 26th Avneue to a point 900 feet,,more or less, west of 26th Ave. at all times. Ayes (7), Nays (0).Motion carried. E-26 Strain moved, Canfield second to adopt Resolution No. 464-87 authoriz- the Public Services Director to sign the application for crossing public waters ( Kings Run ) in the NE 1/4 NW 1/4 Sec. 16, T107N R14W. Ayes (7), Nays (0).Motion carried. E-27 Solinger moved, Strain second to adopt Resolution No. 465-87 awarding the low bid of $46,938.70 to Elcor Construction Co. of Rochester, Mn. for Project No. 6205-3-87 J 8976 - Reconstruction of the Existing San. Sewer in 5th St. S. W. from 4th Avenue S. W. to 6th Avenue S. W. Ayes (7), Nays (0).Motion carried. E-28 Hunziker moved, Canfield second to adopt Resolution No. 466-87 approving the Handicapped Accessibility Assessment and Program for the Rochester Mass Transit Assistance Program dated May, 1987. Ayes (7), Nays (0).Motion carried. In9 2947 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2.419 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 = September 9, 1987 Agenda Item E-29 E-30, E-31 E-32 E-33 Hunziker moved, Strain second to adopt Resolution No. 467-87 authorizing payment for the extra work covered by the Supplemental Agreement in.the amount of $7,729.53 for Sidewalk Replacement Project No. 1- 1986 J 8943. Ayes (7), Nays (0).Motion carried. This matter was taken care of in the Final Plat and no further actior was necessary. Strain moved, Solinger second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resoltuion No. 468-87 approving a contract agreement with Pompeii Painting for painting chimney and precipator steel in the amount of $56,980.00. Resolution No. 469-87 approving a contract with Elcor Construction Co. for Watermain Ext. at the Rochester Public Utilty Service Center in the amount of $58,565.25. Resolution No. 470-87 approving a contract with Broadway and Seymour for furnishing System installation for Materials Management System in the amount of $66,000.00 plus a contingency amt of $8,000. Resolution No. 471-87 approving a contract with R & R SyTEC, Inc. for Base programs, Planning and Training for Materials Management System in the amount of $15,000.00 Resolution No. 472-87 approving a purchase order with Fairfield Eng. Co. for elevator casings for Silver Lake Plant Unit No. 4 in the amount of $34,377.00. Resolution No. 473-87 approving a contract with Southern Mn Municipal Power Agency for Peaking capacity in accordance with the Rochester.Pub lic Utilities' bid Option No. 2 for full capacity of Cascade Creek Turbine dated July 31, 1987. Resolution No. 474-87 to extend up to $18,900 to fund the RAEDI budget. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 475-87 awarding the low bid of a construction contract for Phase III at the Hangar A & B Project J 6923 consisting of parking lot filling, paving, electrical service, landscaping and exterior painting. This is in the amount of $99,777.00. Low bidder was Alvin E. Benike Construction Co. of Rochester. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No. 476-87 authorizing the Driector of Employee Relations to serve as the Authorized Representative for the Deferred Compensation Program and the Mayor and the City Clerk to sign said agreement. Ayes (7), Nays (0).Motion carried. 1 L- Agenda Item E-34 E-35 E-36 E-37 F-1 F-1 F-1 F-1 F-1 F=1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 21949 Regular Meeting No. 9 - September 9, 1987 Strain moved, Hunziker second to adopt Resolution No. 477-87 authorizing the City Clerk to advertise for bids on Project No. 2-87 J 8990 Curb and Gutter and Street Grading and Surfacing on St. S. E. from 1st Avenue S. E. to approx. 245 feet West. Bids to be opened at 11:00 A.M. on Sept. 30, 1987. Ayes (7), Nays (0). Motion carried. 6210 /4 10 1/ Solinger moved, Canfield second to approve the Accounts Payable (list filed with the City Clerk ) in the amount of $1,384,036.79. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to advise the Charitable Gambling Control Board that the City of Rochester does not object to the application for a Class B ( Raffle, Paddelwheel, Tipboard and Pull Tab ) license. This license application was received from the Roches Area Chamber of Commerce for the evening of Sept. 19, 1987. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to appropriate the sum: of $90,000. from the Future Construction Acct. to finance the requested improvemetns $50,000. for pool replacement and $40,000. for septic tank replacement.- ( Park Dept. ). Any unused funds would be returned to the Future Construction Acct. Ayes (7), Nays (0). Motion carried. An Ordinance Relating to Housing Providing minimum standards for the Heating of Facilities; amending the RCO Sec. 34.15 was given its first reading. An Ordinance Relating to Annexation of 13 acres of unplatted land owned by the City of Rochester in Section 8 of Cascade Township was given its first reading. An Ordinance Relating to the non -conforming uses; permitting expansi modification in certain instances within the Zoning Ordinance ( Roch Ready Mix ) was given its second reading. Solinger moved, Strain se to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning to R-1 (low density res. portions of Cascade Manor and "Kutzky's; First and Second Sub. was given its second readi Hunziker moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning to R-1 ( low density res. ) various lots in Westway Manor First and`Second Sub. was given its second reading. Bluhm moved, Hunziker second to adopt the Ordinance as read. Ayes (7) Nays (0).Motion carried. An Ordinance changing the street name of Mesa Verde Dr. N. E. to Park. wood Drive N. E, in Parkwood Hills Sub. was given its second reading. Bluhm moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Ir or ter nd RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2950 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - Sept. 9, 1987 Agenda Item F-1 F-1 G-1 Bluhm moved, Strain second to adopt Resolution No. 478-87 approving an owner contract for Public Improvements in Apple Ridge II, Phase III in Washington Lane submitting Lot 1'thr-u-4 and 15 thru 18, Blk 2, Apple Ridge II; Apple Ridge Dev. Co. and Leon Joyce Const. Co. Ayes-(7), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 479-87 approvii an owner contract prepared by Maier Stewart and Assoc., Inc. for Public Improvements in Westway Manor 3rd Sub. = the owner agreement is with Johnson, Drake and Piper, Inc. and Swenke Co., Inc. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to remove the Request for a Metes and Bounds Conveyance of unplatted land at the northeast corner of the intersection of 20th Street S. E. and llth Avenue S. E. from the table. Ayes (7), Nays (0).Motion carried. Canfield moved, Bluhm second to adopt Resoltuion No. 480-87 approving the request with the dedication of the Right-of-way easement for the potential future extension of 20th Street-S. E. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. (;�ityv Clerk Information - Claim notice received from Kreg A. Kauffman for a personal Injury of Nancy A. Moyer. Le 1 IJ