Loading...
HomeMy WebLinkAbout03-23-19883038 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL r CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 - March 23, 1988 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M. with the following members being present: President Postier, Aldermen Bluhm, Canfield, Hunziker, McConnell, Strain. Absent:. Alderman Solinger. A Hearing On the Final Plat of Cimarron Seventh Subdivision. Wishing to be heard was Robert DeWitz, 602 llth Avenue N.W., applicant for the Final Plat. Mr. DeWitz asked that the restriction placed on Lot 5, Block 3 and Lot 5, Block 4 for blacktop and curb and gutter be removed. He explained that such improvements would be put into these two lots at the same time they are put into the next 37 lots for the next subdivision. That subdivision will be started this fall. Having no one further wishing to be heard, President Postier closed the hearing. Aldermen Bluhm moved, Canfield.seconded, to approve.Resolution No. 162-88 for the Final Plat of Cimarron Seventh Subdivision with the stipulation that the Curb and Gutter and Street be completed on Lot Block 3 and Lot 5, Block 4 no later than construction season 1989. Ayes (6), Nays (0). Motion carried. A Hearing on the PUD on the property loca- Road S.E. Wishing ti eering, engineers foi of the staff conditic 3, 4, 6, 7, 8, and 9 stage and should pos( Tointon felt should I study, he stated tha- tion as "expressway" for location along tf the extra traffic th< a full traffic study derive the informatic venience store along dition #1 be modifie( pertinent to tfe local satisfy both the City condition #2 which s{ as stated in the star the site. Mr. Tointc would not be practic< Road as it would not #88-1 (Concept .Plan) to be known as Villa Estate ed in the 1400 block on the west side of Marion speak was Bill Tointon, McGhie and Betts Engin- the project. Mr. Tointon responded to several ns placed on the PUD. He stated that conditions were adequately addressed in the preliminary .no problem. However, items #1, 2 and 5 Mr. e commented on. On condition #1 and the traffic they recognized the traffic and the classifica- for this area and was one of the prime reasons e route. He stated that they also recognized t would be generated by the business. However, would not be needed by the City and County to n needed to show the impact of locating a con - the road. Therefore, they requested that con- . -and/or restated to provide a traffic analysis ion of this store on the site be completed to and County traffic engineers. In regard to eaks to the safe pedestrian on and to the site, f report, there currently exists no sidewalk alo n stated that they feel that, at this time, it 1 to place a sidewalk along this side of Marion be connected to walkways on either the south or north, and thus, not utilized to provide safe pedestrian access. The wish to provide a walkway connection through the west through Villa Place. They feel that this would best pick up the pedestrian circula and provide safe access. The last item, condition #5, speaks of sign A good signage plan will be provided. Each convenience store has. the particular signage and normally is what the zoning calls for. :ion ge. r 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular AdJourned Meetina No. 25 - March 23, 1988 Agenda Item Wishing to be heard was Dewey Day, Mazeppa, applicant for the PUD. B-2 Mr. Day felt that this particular plan was good for that area. He (cont. noted that he has spent some time looking at the area, at other story at the traffic and comparing it with an area on North 63 and feels that it is a proper use for the land. He stated that he had no pro- blem with the conditions stated by the Planning Department and would like to work with the City and County personnel in solving traffic problems. Wishing to be heard was Jerry 'Baudoin;_Chatfield. He covered someof the concerns that the Citizens Group had He noted that represent- ation on the committee included a.representative from Grand Memorial Gardens Cemetery, from the Happy Dan Market, and persons from Long- fellow School. He.noted that they (appl;icant) are as concerned as the citizens group about safety. They have heard about devaluation of properties in the past. They have asked the Assessor's Office anc told that this was not true.. Fie statedthat believed that the property on North Highway 63 was comparable; the same type of store with a busy two-lane highway. He found that in the.past 15 months there were no accidents in the area of the Jiffy Mart on 63 North. He asked the Council to approve the PUD. Wishing to be heard was Chuck BudJle, Acquisition Director, Kwik Tri Corporation. He spoke to the concern about the environmental issue. - The State, the City and the Insurance Industry have regulations toda which are very strict about in of tanks or anything major. They have exceeded all of the requirements of the governmental regul tions. The second issue he spoke to was the best use of the area. If the only use of the property along Marion Road was residential, the objection would be clear. However, everything in a business sense is along that.road. He stated that they feel the area can support their business as well as others in the future. Safety is a concerning factor; they are all concerned about children's safety as well. Wishing to be heard was Wayne Strelow, 1412 Marion Road S.E., spokes- man for the citizens committee and President of the Longfellow PTSA. He noted that the issues had been addressed in the past in the form of the B-lb zone change but would'be addressing some of them again. The first was the need issue. He stated that the store was not needed in the neighborhood; they already have two 24-hour supermarket two 24-hour convenience stores and a Happy Dan store in the other direction. He noted that there, is nothing in the PUD except for the commercial portion and the citizens committee is concerned about that portion designated commercial. There were zone change attempts in the past for the.Tick-rock Motel and one of the major issues was at the time it failed, the property could be purchased by anyone and potentially turned into a gas.station.. He noted that the City Counci has control over a PUD but questioned the amount of control because of the question of the PUD being open for amendment at any time thereby allowing an adjoining piece of property to be commercially developed. He noted that a PUD has a once -a -year evaluation as far 3039 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3040 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 - March 23, 1988 Agenda Item B-2 (cont. progress; but wanted to know what happened if the PUD fails..what happens with what is already in place. The citizens committee would like to see strong requests for sidewalks, lighting, speed change, crossing guards, stop lights, etc. but noted that there was oppositio to some of those requests. Mr. Strelow noted that the latest traffic count in 1986 was 11,800 each way on Marion Road but stated that what is not addressed is the peak traffic issue and the issue of pedestria interaction with that traffic .in the intersection. He stated that the children of the neighborhood are going to.want to cross the stree to visit the store. The fact that the road is an expressway was also previously brought up. He noted examples that were given to him of an expressway are those which are four -lane, turn -lanes and stop lights. The citizens committee felt that the road should be first improved prior to the PUD.development with more of a long-range plan, in process. He stated that Grandview Memorial Gardens is concerned about the possibility of litter that is going to be generated from persons visiting the store and the park area. He noted that the City Council should protect the presentbusinesses and not place undue hardships on already tax -paying residents of the area. Mr. Strelow noted .that the petitionssigned were those persons living, working, and traveling Marion Road on a regular basis; all citizens affected by the possibility of a convenience store. The PT§A. is definitely against the store. He asked that the Council take a look at the area prior to making any decisions. Wishing to be heard was Robert Richards, 1312 Marion Road S.E. Mr. Richards obtained 120 signatures on the petition he took throughout the neighborhood with all stating that the PUD was not needed. Wishing to be heard was Francois De Backer, 1600 Marion Road S.E., Tick Tock Motel and Restaurant. He noted that on October 7, 1985 it was stated to him that a zone change for his business was not possibl because the entire area was zoned residential and the rezoning might open the door to other business wanting to come it. He was told that a gas station might be allowed in that area and that was absolutely forbidden. He asked the Council to vote against the PUD. Wishing to be heard.was Richard Weslund, 2056 15th Street S.E.. He stated that he would like to go on record opposing the PUD and state that he was one of two gentlemen who took the petition to Oak Terrace and Parkside Trailer. He noted that everyone stated that another convenience store was not needed and asked when the highway was going to be improved. Wishing to be heard was David Rich, 2107 15th Street S.E. He stated that he was the other gentlemen who took the petition around and everyone was against it. Wishing to be heard was Ken Swensen, Principal, Longfellow'School, 1642 8th Avenue S.E..' Mr. Swensen stated that a large concern of hisi is the safety of the children, 640 in number, that attend Longfellow School...many of who have to cross Marion.Road. He noted that he is not convinced that a convenience store is not going to increase traffic. Agenda Item B-2 (cont. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 304JL Regular Adjorned Meeting No. 25 - March 23, 1988 Wishing to be heard was Kenneth McRoy, 2050 15th Street S.E. He stated that he was one of the 619 people signing the petition opposi g the plan and was definitely against the project. Wishing to be heard was JoAnn Lentz,'1951 Manor Road S.E., parent anc native of S.E. Rochester, PTA member and opposed to the concept. Wishing to be heard was -Brian Ross, 1328 Sixth Avenue S.E., who notec that his Mother resides at 1618 Marion Road S.E. He feels that the area is saturated enough with businesses. Wishing -to be heard was Ralph Jewell, rural Eyota. Mr. Jewell statec that he has children attending Longfellow and that he is a PTA vice - President for Longfellow. He is opposed to the concept. Wishing to be heard was Susan Kazas, 1723 20th Avenue S.E., concernec with the safety of her two children and the neighborhood children if the project is approved. Wishing to be heard was Gail Schultz, 1523 19th Avenue S.E., totally opposed to the concept. Wishing to be heard was Sue Strelow, 1527 19th Avenue S.E., opposed to the concept. Wishing to be heard was Charles Schleder, 1401 Marion Road S.E., speaking for the project. Mr. Schleder noted that he was the only adjacent property owner in attendance. He noted that his property, lies to the north side of -the project and likes the idea of the development. He stated from what he has seen convenience stores are not traffic generators. He also stated that the apartments on the west side of the road have children crossing the street to get to the Happy Dan store. He also felt that the PUD was tightly -controlled and must adhere to what the Council says or it is not granted. Having no one further wishing to speak, President Postier closed the hearing. Alderman Strain noted that the Council had denied the B-lb zone change and had suggested the more stringent PUD R-3 which allows a certain portion for commercial. He stated that in order.for an owner of a property to give up the right to control their property under a zone and to have the public right through the City Council to have future control on that property through a PUD is a very serious thin! In the case of a PUD, you are restricted to one thing. Any change would come back to the Council and back to the neighborhood and get the same kind of review that we have had in the past several months. He noted that the highway people should take a very careful look at doing something with the Marion Road problem. He stated that in his best judgement the PUD was the best possible use for the area. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3042 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 - March 23, 1988 Agenda Item ,Alderman Hunziker asked if the Kwik-Trip could be started after some thing is done with the improvement of Marion Road. Alderman McConnell stated that, even though he was strong on petitions, he .thought that the owner had to do something with the property and that the PUD would be better than something else that might arise in the future. He also stated that he didn't believe that the need factor was important.... that was competition. Alderman Bluhm noted that the statement that turn lanes don't work was made but noted that he has seen many work and .that the City and County continue to use them.. He also stated that traffic is a pro- blem when anything is developed and usually a street or highway improvement is.the result of increased traffic and -growth in an area Safety is an issue, he stated, and something needs to be done to get the.speed.zone in the school.area reduced from.40 miles per hour. Alderman Canfield stated that he can't be a part of protecting current businesses and doesn't feel that the Coucil should determine whether a developer is doing the right thing and whether his ideas a needed or necessary. Alderman Strain discussed condition #1. He noted that a traffic stu wouldn't do any more than count the number of cars which is already known but a.study'could and should be made. of turning movement to make the road as safe as possible. Alderman Canfield asked if a foot path to the apartments, past the school and park would suffice for present; he noted that he would hate to have°the developer put in sidewalks that deadend both ways. Roger Plumb, Public Services Director, stated that he felt that a blacktop path would work and normally they have the developer put in the path to avoid expense. He also asked if the developer would agr to put in a right turn lane at their expense if the traffic study so warranted it. Dewey Day, Developer, responded that they would agree -to the cost of a right turn lane if the study warranted it. Mr. Plumb was asked to look at the easements, grades, etc. of the area and determine whether an asphalt path could be installed from the Kwik-trip south. Alderman McConnell also felt strong that a 30 mile per hour speed limit be posted for the area. Alderman Strain asked that the City Administrator start studying the possibility of a four -lane highway for Marion.Road and to includ the item on the County/City meeting agenda. ?e 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 304 CITY OF ROCHESTER, MINNESOTA Regular Adjorned Meeting, No. 25 - March 23, 1988 Agenda Aldermen Strain moved, Bluhm seconded, to approve the PUD R-3 Item concept statement to.be known as Villa Estates.with the nine conditio B-2 noted from the Planning Department as well as asking the City/County (cont.) engineers to look at the possibility of a right turn lane and study o a four -lane highway and the walkway to the south of the project. Ayes (5), Nays (1). Motion carried. Alderman Hunziker voted nay. C-1 Aldermen Bluhm moved, McConnell seconded, to.approve James Miller to fill the position of Assistant Police Chief in the Police Department effective March 24, 1988. Ayes (6), Nays (0). Motion carried. C-2 Aldermen Hunziker moved, Strain seconded, to approve James Pittenger to fill the position of lieutenant in the Police Department effective March-24, 1988. Ayes (6), Nays (0). Motion carried. C-3 Aldermen McConnell moved, Hunziker seconded, to approve Kenneth Reed to fill the position.of detective in the Police Department effective March 24, 1988. Ayes (6), Nays (0). Motion carried. C-4 Aldermen Canfield moved, Hunziker seconded, to approve Steven J. Krause to fill the position of Police Officer in the.Police Departmen- effective April 1, 1988. Ayes (6), Nays (0). Motion carried. C-5 Aldermen Hunziker moved, Bluhm seconded, to approve Steven J. Franks to fill the position of Police Officer in the Police Department effective April 1, 1988. Ayes (6), Nays (0). Motion carried. E-1 Aldermen Strain moved, McConnell seconded, to concur with the Music Department's budget revisions made to date and instruct the Music Board to undertake a fundraising effort to cover any remaining 1988 budget deficit and to instruct the City Administrator and the Finance Director to monitor the program.. Ayes (6), Nays (0). Motion carried E-2 Aldermen Bluhm moved, McConnell seconded, to authorize the retention of Architectural Design Group (ADG) to prepare plans and specifica- tions for the relocation of the Public Services Department North Yard and the Police Department Pistol Range. Ayes (6), Nays (0). Motion carried. E-3 Aldermen Hunziker moved, Canfield seconded, to adopt Resolution No. 163-88 approving the grant agreement with the Department of Public Housing and Urban Development for the 1988 CDBG program and approval of the indicated percentage reductions in approved projects. Ayes (6), Nays (0). Motion carried. E-4 Aldermen Bluhm moved, Hunziker seconded, to adopt Resolution No. 164-88 calling for a public hearing on April 4, 1988 to amend the project description of the Maya Foundation -Mayo Medical Center Revenue Bonds. Ayes (6), Nays (0). Motion carried. E-5 John M. Yarbrough, Eden Prairie, owner of Rochester Orthopedic Appliances, Incorporated, asked to be heard by the Council regarding the request from Prosthetic Laboratories of Rochester,.Incorporated s 17 3644 Agenda Item E-5 (cont. ) E-6 E-7 E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular -Adjourned Meeting No.. 25 - March 23, 1988 to enter into a Phase I agreement. Mr. Yarbrough expressed concern about the request for City aid to acquire land and is: opposed to tha He stated that he understood the basis for that request was that it would bring jobs to Rochester. He does not believe that is true because the number.of amputees needing assistance does not increase from yearly figures and also the number of people needing assistance in Rochester is decreased because of the opening of Mayo Clinics in Florida and Arizona. In addition, doctors are finding new ways of saving limbs rather than removing them. He also stated that the company was started by two former employees who took perhaps 10 or 11 jobs with them; hence, 14 jobs would not be created. He does not believe that the applicant should be given.public funds but should get funding on their own.. They are acquiring other companies, and has on file, letter showing that Prosthetic Labs.is trying to buy Rochester Orthopedic Appliances and another in Minneapolis. He believ competition should be on the basis of quality and service with no hel from public funding. Mr. Mike Gozola, one of the applicants of the project, spoke and stated that their aim was to provide a first-class service and facili for needed-. s&-0-ces 9. Aldermen Canfield moved, McConnell seconded, to enter into a Phase I' Negotiation Agreement for 90 days with Prosthetic Laboratories of Rochester to establish the terms and conditions under which the City and developer shall negotiate and to obtain real estate appraisals as may be required. Resolution No. 165-88. Ayes (6), Nays (0). Motion carried. Aldermen Strain moved, McConnell seconded, to approve the purchase of 102-106 First Street S.E. from Norbert Fitzpatrick for the amount of $120,000. Ayes (6), Nays (0). Motion carried. Aldermen Strain moved, Hunziker seconded, to approve an amendment to the Auctioneers License removing the residency requirement and instru ing the City Attorney to prepare and present for Council action the appropriate ordinance amendment. Ayes.(6), Nays (0). Motion carried Aldermen Bluhm moved, McConnell seconded, to adopt Resolution No. 166-88 setting a public hearing for a reassessment for Project 6453-8 (J-8959) "Sewer and Water Extension to Serve a Portion of North Sunny slopes (Skyline Drive)". Ayes (6), Nays (0). Motion carried. Aldermen Canfield moved,.Strain seconded, to approve the licenses and bonds as follows: Cement Sidewalk - Quality Concrete,°Sewer and Draii - Keith W. Rosenberg, Single Dance St. Pius X Church,Temporary On - Sale Non -Intoxicating Malt Liquor - St. Pius.X Church, House Moving Permits (from 1608, 1612 and 1616 East Center to Eyota) - Otting House Movers, Auctioneer - Keith Stump, Gambling (raffle) - Elton Hills PTSA, Gambling (raffle) - Rochester Ladies Ducks Unlimited, Gambling (raffle) - Minnesota Bow Hunters, Incorporated, Renewal Auctioneer - Roger Bjerke. Ayes (6), Nays (0). Motion carried. t- [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1.,- 30.45 CITY OF ROCHESTER, MINNESOTA Regular Adjorned Meetinq No. 25 - March 23, 1988 Agenda Item E-10 Aldermen Bluhm moved, Strain seconded, to approve the application for an On -Sale Non -Intoxicating Malt Liquor. License for the Lockeroom located at 320/322 First Avenue S.W. Ayes (6), Nays (0). Motion carried. E-11 Aldermen Canfield moved, Hunziker seconded, to approve the renewal of the Gambling License for St. Francis Church of Assisi for a six-month period for completion of the required fire code modifications. Ayes (6), Nays (0). Motion carried. E-12 Aldermen Bluhm moved, McConnell seconded, to approve. the transfer of 50 percent of shares in the Off -Sale Intoxicating Liquor License for Keehn's Liquor, Incorporated DBA Budget Liquor to Jerry and Jean Ryks subject to required background investigation. Ayes (6), Nays (0). Motion carried. E=13. Aldermen Canfield moved,_ McConnell seconded, to approve the On -Sale Wine License for the Great China Restaurant at 4214 Frontage Road, Highway 52 North. Ayes (6), Nays (0). Motion carried. E-14 Aldermen Hunziker moved, Canfield seconded, to approve the semi- monthly accounts payable of $588,944.53. Ayes (6), Nays (0). Motion carried. (List on file in City Clerk's Office.) E-15 Aldermen Bluhm moved, Strain seconded, to adopt the following resol- utions authorizing the City Clerk to advertise for bids for the season's supply of construction materials for the Public Services Department Street and Alley Section. Resolution No. 167-88 washed sand, gravel and crushed rock Resolution No. 168-88 - liquid cutback asphalt and cationic emulsii Resolution No. 169-88 - plant mixed bituminous Ayes.( 6),.Nays (0)., Motion carried. E-16 Aldermen McConnell moved, Bluhm seconded, to approve the annexation of 53 acres of land along Salem Road S.W. owned by Lowell Penz and instruct the City Attorney to prepare the required ordinance. Ayes (6), Nays (0). Motion carried. E-17 Aldermen Strain moved, McConnell seconded, to adopt Resolution No. 170-88 approving the annexation of property immediately east of Shopki North owned by Anita Siegmann, Donald Kruger and Richard Hexum, Jr. Ayes (6), Nays (0). , Motion carried. E-18 Aldermen Bluhm moved, Hunziker seconded, to approve the Preliminary Plat #88-3 of River Court III with the following conditions: (1) Extend 8" watermain to western boundary of River Court located to the north of this plat and 8" main should be extendedto the west boundar of River Court II along the common lot line between Lots 2 and 3 of the proposed plat. An easement for this watermain should be shown on the final plat. (2) The developer schedule and hold a meeting with 30-46 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 - March 23, 1988 Agenda Item E-18 (cont. E-19 E-20 E-21 E-22 E-23 E-24 the City Engineer's Office to discuss how the special assessments for the project will be collected. (3) Separate easements from the sewer main and storm sewer outside the boundary of the plat should be provided working with the City Engineer at the construction plan phas (4) A revised plan and profile sheet for the extension of River Court NE from the present end should be submitted before this preliminary plat approved. This revised plan should define the grade through the proposed intersecton with River Lane and should.be designated to meet the City Engineer standards. (5) A conditional use permit to grade or fill in the flood fringe/flood prone portion of this property is required: (6) The final plat of River Court III should not be pro- posed until the land has been officially annexed to the City. (7) Payment of all.outstanding special assessments. Ayes (6),, Nays (0). Motion carried. Aldermen Strain moved, Hunziker seconded, to adopt Resolution No. 171-88 entering into a Maintenance Agreement with Olmsted County for the calendar year 1988 to provide for the City's routine maintenance of approximately 10.75 miles of County State Aid Highway located within the City. Ayes (6), Nays (0). Motion carried. Aldermen Bluhm moved, Canfield seconded, to -table action on a feasib- ility report for Project No. 6107-88 (J-8993) "Sanitary Sewer, Water - main and Service Connections in 25th Street S.W. from T.H. 63 to Oakridge Drive S.W., in•Oakridge Drive from.25th Street to the South line of Lot 1, Elmcroft Subdivision; in North Oakhills Drive; in South Oakhills Drive of Oakhills Subdivision; in Linden Court and 1st Avenue S.W. in Kliest Replat; and along the West side of T.H. No. 63 from North Oak Hills Drive to the South Line of Kliest Replat". Ayes (6). Nays (0). Motion carried. Aldermen Strain moved,. Hunziker seconded, to adopt Resolution No. 172-88 initiating the project and ordering a feasibility report on Project No. 6921-88 (J-9011) "Bituminous Overlay, Concrete Curb and Gutter, and Subdrains on Northern Hills Drive N.E. from North Broad- way to the East Line of Northern Hills lst Subdivision". Ayes (6), Nays (0). Motion carried. Aldermen Canfield moved, Hunziker seconded, to adopt Resolution No. 173-88 initiating the project and ordering a feasibility study for Project No. 6356-88 (J-9014) "Street Reconstruction and Widening on 16th Street S.E. from llth Avenue S.E. to 300 Feet East". Ayes (6), Nays (0). Motion carried. Aldermen Bluhm moved, Canfield seconded, to adopt Resolution No. 174-88 awarding the contract for the First Street Parking Ramp Water- proofing (J-2580) to Paulco, Incorporated for $163,680.00. Ayes (6), Nays (0). Motion carried. Aldermen Canfield moved, McConnell seconded, to adopt Resolution No. 175-88 adding Paragraph 16 to Section J Passenger and Commodity Load- ing Zones to read: (16) Seventh Street N.E. on the South Side, in front of the premises known as 28 Seventh Street N.E., for a distance 1 1 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL®�� CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 = March 23, 1988 Agenda Item of 41 feet, more or less, between the hours of 7:30 A.M. and 6:30 P.., E-24 Monday through Saturday. (Two stalls) (Animal Friends). Ayes (6), (cont. Nays (0). Motion carried. E-25 Aldermen Bluhm moved, Strain seconded, to adopt Resolution No. 176- awarding the contract'on Project No. 8803--.(J-4908) "Demolish Old Sewage Treatment Plant and City Engineers Shop and Garage Located South of Elton Hills Drive at North Broadway" to' Rochester Sand and Gravel, Incorporated for $27,888.00. Ayes (6), Nays (0). Motion carried. E-26 Aldermen Bluhm moved, Hunziker seconded, to .adopt Resolution No. 177-88 requesting the City Clerk to advertise for bids to be receive( until 11:00 A.M. on April 13, 1988 and considered by the Council at 7:30 P.M. on April 18, 1988, for Painting of Tank Equipment in Final Clarifiers at the Water Reclamation Plant. Ayes (6), Nays (0). Motion carried. E-27 I Aldermen McConnell moved, Canfield seconded, to adopt the following Public Utility resolutions: Resolution No. 178-88 - Entering with Road Machinery and Supplies dolly for $50,878.00. Resolution No..179-88 - Entering with United Van Bus Delivery for inventory for $23,670.00. into a purchase order agreement Company for furnishing one power into a purchase order agreement furnishing the moving of heavy Resolution No. 180-88 - Entering into a contract agreement with Elcor Construction Company for the Center Street Underground Duct Project for $98,168.10. Resolution No. 181-88 - Entering into a purchase order agreement with.Ameridata Systems for furnishing personal computers for $42,900.00. Ayes (6), Nays (0). Motion carried. E-28 Aldermen Bluhm moved, Canfield seconded, to adopt Resolution No. 182-88 authorizing transfer of the contingency funds in the amount of $286,358.13.as described in the resolution. Ayes (6.), Nays (0). Motion carried. F-1 An Ordinance Relating to Auctions and Auctioneers; Requiring That Persons Licensed Shall Be Of Good Moral Character; Amending the Rochester Code of Ordinances 100.04 was given its first reading. F-1 An Ordinance Relating to Annexation; Providing for the Annexation of Approximately 53 Acres of Unplatted Lands in Section 9 of Rocheste Township (Lowell Penz property) was given its first reading. Agenda Item F-2 F-2 F-2 F-3 G-1 G-2 G-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 25 - March 23, 1988 An Ordinance Relation to Limousines; Awarding the Rochester Code of Ordinances Section 97.23 (Gold.Crown Limousine) was given its -second reading. Aldermen Strain moved, Hunziker seconded, to adopt the. Ordinance as read. Ayes (6), Nays (0).* Motion carried. An Ordinance Rezoning Certain Property and Amending.Ordinance No. 16 (rezoning to M-1 a portion of proposed Marigold Expansion Site) was given its second reading. Aldermen Strain moved, Bluhm seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. An Ordinance Relating to Limousines; Awarding the Rochester Code of Ordinances Section 97.17 (renewal of Rochester Transportation Systen Limousine) was given its second reading. Aldermen Canfield moved, Bluhm seconded, to adopt the Ordinance as.read. Ayes (6.), Nays (0). Motion carried. Aldermen Hunziker moved, Bluhm seconded, to adopt Resolution No. 183-88 approving an Owner Contract with S.L. Contracting, Incorporat and Elcor Construction for "Basic Construction to Serve Lots 1 to 6, Block 1 and Lots 1 to 25, Block 2 in North Park 2hd Subdivision". Ayes (6), Nays (0). Motion carried. Aldermen Canfield moved, Hunziker seconded, to remove from the table the Phase I Agreement with Henderson., Rolsch.and Nichols for the Development of the 300 Block of South Broadway. Ayes (6), Nays (0). Motion carried. Aldermen Bluhm moved,. Hunziker seconded, to adopt Resolution 184-88 approving entering into a Phase I Agreement. with Henderson, Rolsch and Nichols for a 90-day period and.authorizing staff to obtain appraisals. Ayes (6), Nays (0). Motion carried. Aldermen McConnell moved, Hunziker seconded, to remove from the tabl the Parking Study of the John Marshall area. Ayes (6), Nays (0). Notion carried. Aldermen Hunziker moved, Canfield.seconded, to adopt Resolution No. 185-88 amending the following paragraph of Section "No Parking Zones" to read: (215.7) Fifteenth and One-half Avenue N.W. from Fourteenth Street N.W.. to Sixteenth Street N.W., on both sides, from 7:00 A.M. to 3:00 P.M., School days only. (220.2) Sixteenth Avenue N.W. from Fourteenth Street N.W. to Sixteenth Street N.W., on both sides from 7:00 A.M. to 3:00 P.M., School days only.and to extend this parking through June 15th. Ayes '(6), Nays (0). Motion carried. Aldermen Hunziker moved, McConnell seconded, to remove from the tabl the Appointments to the Music Board. Ayes (6), Nays (0). Motion carried. 1 Agenda Item G-3 (cont. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3049. Regular Adjourned Meeting No. 25 - March 23, 1988 Aldermen Hunziker moved, Bluhm.seconded, to appoint the following members to the Music Board: Reappoint for a three-year term - January 1988 to January 1991' At -Large - Sally Duffy, Dale Goodfriend, Jackie Goodyear, Ann Huey 5th Ward - Kirk W. Otto New Appointments for a three-year term to January 1991 3rd Ward - Jim Ripley 4th Ward - William Litchy 5th Ward - Judi Mersel 1st Ward - David Brown At -Large - Ann Groover, Lily Weinshilboum Ex-officio - Clark Wideman Ayes (6), Nays (0). Motion carried. Having no further business, Aldermen Hunziker moved, Canfield seconded, to adjourn the meeting to 4:00 P.M., Monday, March 28, 1988, Room 4. Ayes (6), Nays (0). Motion carried. INFORMATION ITEMS Deputy -City Clerk 1. Committee -of -the -Whole Minutes from February 17, 1988 and March 7, 1988 2. Notice of Claim - Chris Walter Pierce Referred to City Attorney and Finance Department 3. Notice of Claim - Irene and Darrell Johnson Referred to City Attorney and Finance Department 4. Appeal of North Sunny Slopes Assessments/ Notice of Judgement Referred to City Attorney and Finance Department RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item 1