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HomeMy WebLinkAbout08-15-1988RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item President Selby called the meeting to order at 7:30 P.M., the A-1 following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Bluhm moved, Canfield second to approve the minutes of the August 1, 1988 meeting. Ayes (7),Nays (0).Motion carried. B-1 A Hearing on the Application for CY1989 State Transit Assistance. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Strain second to adopt Resolution No. 528-88 authorizing the filing of the application and the execution of such assistance contracts. Ayes (7), Nays (0).Motion carried. Res. 528A-88 was also adopted - Dial -A -Ride. B-2 A Hearing on the Application for PUD Amended Final Plan PUD-B-78 at 14th Street N. W. known as CirKit Concepts. Wishing to be heard was Vern Skare owner of CirKit Concepts. He urged the Council to approve this amendment. He wants to build a garage to keep certain kinds of paints, lawn mowers, etc. necessary to maintain his bldg. Alderman Canfield questioned him about the hole that is already dug in the area next to his building. Mr. Skare stated that this was to pave a road as required by the PUD in the first place. Alderman McConnell asked Mr. Skare if he was award of the 8 conditions placed on this by the Planning and Zoning Commission. He stated that he was aware of those conditions. Wishing to be heard in opposition was Jeannie Kingsley who lives north of the building. She thinks the garage is too big for the area. James Hunter of 1216 5th Avenue N. W. questioned whether or not the garage was keeping with the PUD plan in the first place. Wishing to be heard was Wanda Bierly of 426 1.4th St. N. W. She is opposed as is the following: Robert Adams of 1412 4th Avenue N. W. Alderman McConnell questioned the owner if he could live with a small structure? Mr. Skare stated that he really could not and that he needed the size he requested. Alderman Strain stated that he really doesn't like to see the equipment and cans, etc. left outside without any cover he thinks this would not look good either. Alderman Bluhm wondered what this building would do to his required parking. Mr. Ellerbush of the Planning Dept. stated that this would not bother that as he only needs 4 or 5 required spaces and he still has more than that. Alderman Bluhm is further concerned about what materials are stored in this building as well as the fact that a PUD was approved and now he is coming back for additional things to be added to that. The first request was for a smaller structure and now it has grown to be a 24 x 34 structure. He is disturbed about the excavation that has already taken place without council knowledge. He is also wanting a fence constructed to the north and west. pr 3155 3156 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item B-2 I Alderman Solinger stated that when this PUD was granted it stated "absolutely no expansions be done". Now this is before the Council. After further Council discussion, Bluhm moved, McConnell second to approve the Amended Final Plan with the following requirements: Limit the garage to 24 x 24 and add No. 9 and 10 to the conditions as suggested by the Planning Staff as follows: 1 . The new bui 1 di ng/garage wi 11 not be used for ei ther _manufactur _ng;. r storage of materials which are used in the manufacturing process of C_ Kit Concepts, nor allow other materials (of a limited nature) stored there which are considered hazardous. 2. The color of the garage shingles and of the building walls should match the existing CirKit Concepts building to give a consistent appea ance. 3. Trash dumpsters should be kept up against the underground addition on the east side of the parking lot so it does not become a nuisance to the neighbors to the west or north. This was the location on the original plan. 4. A fifth off-street parking space should be shown on the site plan n the north end of the row of parking. The plan permits CirKit Concepts to lave up to four employees. 5. 'The. window well addition will be required by the Building Code to be topped by a railing to prevent falls into this area. This should be i entified on the plan sheet. 6. Complete building plans for the new garage meeting building code requirements should be submitted. The owner should contact the Builds g Safety Department for all standards for this type of garage construction. 7. All other previous PUD plans should remain in effect and only the modifications shown by the plans submitted with the amendment should b permitted. The existing PUD plans which require five new silver maples to be planted along the east side of the site should remain in effect. Tie City Planning and Zoning Commission felt these trees should be planted and lot taken out of the plan as requested by the applicant. 8.A revised site plan should be submitted reflecting the listed modifi ations or any conditions placed on the PUD by the City Planning and Zoning Commission or Council. 9. Require a protective fence to the north and west of the property. 10. That the existing excavation be landscaped with retaining walls an greenery. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ; 3i57 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item B-3 A Hearing on the Proposed Project No. 6505-88 J 9053 - San. Sewer and Watermain in 36th Avenue S. E. from the Center of Sec. 5 - T 106 North - Range 13 West to 400 Feet North. Having no one present that wished to be heard, President Selby closed the hearing. Alderman Hunziker questioned the fact that this area has not been annexed yet and wondered if we could do this before that took place. Mr. Plumb, Public Services Director stated that we could as this would not get started right away and the annexation is being done. Hunziker moved, Strain second to adopt Resolution No. 529-88 approving the project. Ayes (7),, Nays (0).Motion carried. B-4 A Hearing on the proposed Assessments on Project No. 8505-J 8919 - Watermai n 'Tri-iiin:k.l i ne Ext. from the SW High Level Water Tower located near the NW corner of Sec.10-106N-R14W to the North Line SE 1/4 of Sec. 04-T106N-R14W plus paral.lel.San. Sewer through parcel 6106. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Bluhm second to adopt Resolutio No. 530-88 accepting the assessments. Ayes (7), Nays (0).Motion carried. C-1 Bluhm moved, Hunziker second to approve the appointment of Roger Westra to the position of Lieutenant of the Police Dept. He replaces Robert -Buzz- Hanson who retired. Ayes (7), Nays (0).Motion carried. C-2 Solinger moved, Strain second to approve the appointment of Harold Algyer to fill the position of detective in the Police Dept. eff. 9-1. This is to fill the position left vacant by the promotion of Roger Westra. Ayes (7), Nays (0).Motion carried. C-3 Solinger moved, Canfield second to approve the appointment of Doris Folger of 911 Paxton R.d S. W. and Marc Putman of 3028 17th Avenue N. W. to the CUE Committee. Ayes (7), Nays (0).Motion carried. D-1 Jim Norman of 4505 llth Avenue S. W. wished to be heard about a problem he has with his business - Norman Antenna Service. Mr. Norman stated that his antenna service has been getting interference from other sources in the City. He stated that the Public Utility poles and wires are causing all or most of this - he thinks - His service at Valhalla Condos cannot get smaller channels and during the normal working hours they only get lines on their TV sets. He wanted to make the Council aware of this problem and see if anything can be done. Alderman Bluhm asked if all or most of the TV lines were old ones. Mr. Norman stated that it varied, but that interference came on all of them. Larry Koshire of the Rochester Public Utility Dept. was present and stated that this summer was such a dry year and this dried out the public utility poles and thus making electricity jump more then usual. He stated that they will work with Mr. Norman and see if the problem can be solved. It was noted however, that motors from businesses or buildings can drive a signal to interfere with the TV antenna too, so lots of reasons can be found which could cause Mr. Norman's problem. 3158 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item D-1 E-1 E-2 E-3 E-4 E-5 Commenting on the problems with TV antenna service was Paul Thorkels the Superintenant of Valhalla complex. Fred Blee of 2100 Valkyrie Dr. Mr. Jim Norman commented about the problems he had at Westminis Square. Eventually he had to take down his antenna because of poor reception. The Council will take this under advisement and Mr. Norman will work with Public Utilities to see if any help can be had. Solinger moved, Canfield second to approve the purchase of a portion of Northbrook Shopping Center for the Corps of Engineers project. This parcel is purchased from Kraus -Anderson, Inc. for $340,000. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to approve the following pay requests: Pay Estimate No. 6-to Floyd Larson Construction Co. for the Terminal Building Remodeling J 6942 in the amount of $48,255.00 Pay Estimate No. 6 to Miller Dunwiddie Assoc. Inc. for Architectural fees for the Terminal Building J 6942 in the amount of $833.41. Ayes (7), Nays (0).Motion carried. Canfield moved, Bluhm second to adopt Resolution No. 531-88 authorizii the City Clerk to advertise for bids on a Seal coat parallel bituminot taxiways at the Rochester Municipal Airport J 6925 - Bids to be opened at 11:00 A.M. on August 22, 1988. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 532-88 awarding the low bidder of Doyle Conner Co. in the amount of $474,869. This is for the 1st Street Pedestrian Plaza, 1st Street and lst Avenue Reconstruction and Miscellaneous Streetscaping. J 2526. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt the following resolutions as approved by the Rochester Public Utility Board: 1. Resolution No. 533-88 approving a contract agreement with J.B. Construction for Northern Hills transmission line construction in the amount of $371,616.16. 2. Resolution No. 534-88 approving a purchase order agreement with McGraw Edison for transformers in the amount of $25,695.00. 3. Resolution No. 535-88 approving a purchase order agreement with Burmeister Electric Co. for transformers in the amount.of $26,550.00. 4. Resolution No. 536-88 approving a contract agreement with Gagnon Inc. for Silver Lake Plant Unit No. 4 turbine insulation 1988 in the amount of $27,760.00. 5. Resolution No. 537-88 approving a purchase order contract with Thein Well Co. for a new pumping unit for Willow Heights in the amount of $22,275.00 and Bergerson Caswell for Eastwood Well 21 and Quarry Hill•-27 $46,753.00. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 COUNCIL 3jL5!) Agenda Item E-5 6. Resolution No. 538-88 approving payment to Mrs. Jessie E. Kuehl and Mr. James R. Kuehl for and easement across property located at SW 1/4 NW 1/4 Sec. 20 Cascade Township. Ayes (7), Nays (0). on Items 2-6. Ayes (6), Nays (1). Alderman McConnell voted nay on item No. 1. Motion carried. E-6 Canfield moved, McConnell second to adopt Resolution No. 539-88 setting a hearing on a vacation for a public street right of way adjacent to Auburn Place II. Ayes (7), Nays (0).Motion carried. E-7 Bluhm moved, Strain second to adopt Resolution No. 540-88 Clarifying a prior Street vacation of portions of Second Avenue S. E. and Fifth Street S. E. lying south,of 4th St. and east of Third Avenue. Ayes (7), Nays (0).Motion carried. E-8 Solinger moved, Canfield second to approve the following licenses & Bonds: Request received from John Kruesel Auction Service for a permit to have a public Auction on Sept. 10, 1988 for the Connolly Motel and Mayo Clinic at 424 3rd St.S. W. This is household furnishings. Request received from the Graphic House Inc. 9204 Hwy 29 West Wausau Wisconsin for a Sign License for a period thru Dec. 31, 1988. Rquest received from James R. Clawson off"Alliance Plumbing and Heating Roch. Mn. for a Heating, Vent. and Air Cond. Contractor's License for a period thru Dec. 31, 1988 Also included is a Master Installer's license for the above. Ayes (7), Nays (0).Motion carried. E-9 Hunziker moved, Strain second to table the request for an On -/Off Sale Non -Intoxicating 3.2 beer license for the Broadway Tavern located at 320 South Broadway. Discussion was held by the Council and it was decided that more discussion as to what type of establish= ment this would become, etc. was needed. Therefore the tabling motion. Ayes (7), Nays (0).Motion carried and this is referred to the Committee of the Whole. E-10 (Canfield moved, Bluhm second to approve the following miscellaneous activities as rquested: Edwin Erickson of 4611 21 1/2 Avenue N. W. for a block party on Sept. 3, 1988 with a live band to be playing from 10:00 A.M. until 8:00 P.M M. Stephen O'Sullivan of 1015 Plummer Circle for a permit for amplification devices for musical instruments during an Amateur music gathering to be held at Eastwood Park from 7:00 P.M. to 11:00 P.M. on AUgust 16, 1988. ian ���® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 10. - August 15, 1988 Agenda Item E-10 Request received from Janelle Morlock for a Fireworks display to be held in conjunction with the Muscular Dystrophy fund-raiser at the Fairgrounds on August 26, 1988. This would be suject to the approval of the Fire Dept. and has proper insurance to cover potential liability. Ayes (7), Nays (0).Motion carried. E-11 Solinger moved, McConnell second to approve the Accounts Payable in the amount of $494,398.27 - List on file with the City Clerk. This is semi-monthly. Ayes (7), Nays (0).Motion carried. E-12 Solinger moved, Hunziker second to adopt Resolution No. 541-88 awarding the low bid of .33 per thousand - AD&D .03 per thousand Aggregate stop loss at $6,000 per year and Ind. stop loss at $7.41 per month per unit for cov. over $50,OOO retention. The total monthly prem. is $10,130.and with Employee Benefit Plans, Mutual Benefit Life for Life and Stop Loss Insurance forthe City of Rochester, Mn. Ayes (7), Nays (0).Motion carried. E-13 Strain moved, Hunziker second to approve the Annexation reuqest for 8.47 acres northerly of Skyline School and instruct the City Attorney to prepare an Ordinance making this effective. Ayes (7); Nays (0). Motion carried E-14 Solinger moved, Strain second to adopt Resolution No. 542-88 approvin the General Dev. No. 88-100 for the area to be called Viking Hills Third. Ayes (7), Nays (0).Motion carried. E-15 Solinger moved, Canfield second to approve the Preliminary Plat of Manor Woods Third. Ayes (7), Nays (0).Motion carried. E-16 Canfield moved, McConnell second to adopt Resolution No. 543-88 ordering Project No. 8706 J 4350 - Relining of San. Sewer in llth Avenue N. E. under the RR tracks to be made. Ayes (7),Nays (0). Motion carried. E-17 Strain moved, Solinger second to adopt Resolution No. 544-88 ordering Project No. 6311-4-88 J 9020 - Reline Broken and Deteriorated San. Sewer main in llth Avenue N. W. under the RR tracks to be made. Ayes (7),-Nays (0).Motion carried. E-18 Solinger moved, Bluhm second to adopt Resolution No. 545-88 approving the execution of the escalator agreement with BBGD-5 - This is to install escalators in the Center Place Office Bldg. between subway ground and skyway levels. Ayes (7),Nays (0).Motion carried. E-19 Bluhm moved, Canfield second to adopt Resolution No. 546-88 approving a revocable permit to Mayo Foundation to install a private electrical service in the abandoned R.P.U. steam line across 3rd St. S. W. between 4th Avenue S. W. and 5th Avenue S. W. subject to the following conditions: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3i51. Adjourned Meeting No. 10 - August 15, 1988 Agenda Item E-19 1. Hold Harmless Clause in fvor of the City in a form as recommended by the City Attorney. 2. That Mayo Foundation agree to remove or relocate the electric linE at no expense to the City if necessary for public street and/or public utility work. 3. That Mayo Foundation be fully responsible for proper handling and disposal of any asbestos materials which may be encountered in this work.. Ayes (7), Nays (0).Motion carried. E-20 McConnell moved, Bluhm second to adopt Resolution No. 547-88 approvini. a revocable permit for the installation of parking facilities in a portion of the 7th St. N. W. ROW at 1620 7th St. N. W. as indicated on a display with the R.C.A. The max. encroachment is approx-.11 Ft. in Width. This permit is conditional on a Hold Harmless clause in favor of the City in a form as approved by the City Attorney. The permit should be made out to Thomas Enterprises a/k/a:: Globe Inc. Ayes (7), Nays (0).Motion carried. E-21 Hunziker moved, Bluhm second to adopt Resolution No. 548-88 and 549- 88 declaring the cost to be assessed and ordering a public hearing for Sept. 19, 198 on the. Reapportionment of Assessments previously levied for Viking Hills. Ayes (7), Nays (0).Motion carried. E-722-1 Solinger moved, McConnell second to adopt Resolution No. 550-88 amending the CY1988 City/Rochester Lines contract for the following reasons: 1. Provide up to $5,000 additional funds for marketing. 2. Provide up to $18,000 additional funds for repainting of 10 1980 GMC model buses. Ayes (7), Nays (0).Motion carried. E-23 Bluhm moved, Hunziker second to adopt Resolution No. 551-88 approving a contract change order No. 7 for the First Street Ramp. Ayes (7), Nays (0).Motion carried. The amounts added were $1,746.00 and $756.00; and $1,911.00. E-24 No action was taken on the Bus purchase and award of bids on the purchase of two additional busses. The possibility of rebuilding some of the current busses was considered and Council needed more time. E-25 McConnell moved, Bluhm second to adopt Resolution No. 552-88 awarding the low bid of $16,074.93 to Rochester Sand and Gravel, Inc. for Project No. 6212-1-88 J 9035 -St. Reconstruction , Concrete Curb and Gutter on 12th St. N. E., No. Broadway to Silver Lake Dr. Ayes (7), Nays (0).Motion carried. E-26 Strain moved, Canfield second to adopt Resolution No. 553-88 awarding the low bid of $23,439.00 to Elcor Construction Co. for Project No. 8712 J 9019 - Reconstruct San. Sewer in East-West Alley in Block 6, K:tzky's Addition. Ayes (7), Nays (0).Motion carried. 3162 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item E-27 E-28 E-29 E-30 E-31 Canfield moved, Solinger second to adopt Resolution No. 554-88 awarding the low bid of $104,447.00 to Austin P. Keller, Inc. for Project No. 8710-B - J 9007 - Watermain Ext. to serve Wimbledon Hills P.U.D. Ayes (7), Nays (0).Motion carried. This is subject to the easement for the watermain thru the Rochester Gold and Country Club parcel being acquired. Hunziker moved, Canfield second,to adopt Resolution No. 555-88 awarding the low bid of $47,745.00 with Austin P. Keller Const. Co. for Project No. 8710-A J 9006 - San. Sewer to serve Wimbledon Hills PUD - this is subject to the execution of an assessment agreement between the City and owners of Wimbledon Hills which would guarantee payment of 100% of the cost of this portion of the project by owners of Wimbledon Hills. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 556-88 approving the advertising for bids on the Downtown Bus Stop Impts. Federal Proj. MN 05-0016. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 557-88 and 558-88 approving a feasiblity report and ordering the project to be made as follows: Project 5402-88 J 9012 - Street Reconstruction Concrete Curb and Gutter on 21st Avenue S. W. from 2nd St. to 5th St. S. W. Hearing to be held on Sept. 19, 1988. Ayes (7), Nays (0). Motion carried. The proposed increase in Sewer Utility rates was discussed by the Council. Solinger moved, McConnell second to approve the Brown and Caldwell study. Upon discussion by the Council Alderman Bluhm stated that he is not in favor of that study but favors a study that was presented to the Council by Alderman Canfield. Alderman Canfield also could not support the motion based on the study that he made. He stated that he is in favor of the rates being charged to the industries that caused the problems in the first place. Alderman Strain supports the study. He stated that we spent much money on this professional group to give the City help - they did and that is why he is supporting the motion. Upon -roll call vote, Aldermen Bluhm, Canfield, Hunziker and President Selby voted nay. Nays (4), Aldermen McConnell, Solinger and Strain voting aye. Ayes (3). Motion did not carry. Alderman Solinger stated that this was discussed by the Committee of the Whole already and he was under the opinion that all aldermen present were in favor of the study. He stated that the "Canfield" plan was just handed to him a couple of hours earlier and he would like more time to study this. Alderman Hunziker stated that he did not support the Brown and Caldwell plan and that only 6 Council members were present at that meeting. After Council discussion it was decided to call for a tabling motion. Solinger moved, Canfiel second to return this matter to the Committee of Whole for further discussion. Ayes (7), Nays (0).Motion carried. 1-7 L [1 :1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 10 - August 15, 1988 Agenda Item E-32:. Bluhm moved, Strain second to adopt Resolution No. 559-88 setting a hearing for the portion of a ROW of 8th Street N. W. adjacent to Lot 7, Blk 1, Westway Manor First Sub. Ayes (7), Nays (0).Motion carried. H-1 Strain moved, Canfield second to allow a metes and bounds sub. of unplatted lands in:. -he SW 1/4 of the NE 1/4 of Sec. 7 T106N R13W and vacate a certain public street easement located adjacent thereto. Ayes (7), Nays (0).Motion carried. Resolution No. 560-88 was approved. F-1 An Ordinance Annexing to the City of Rochester unplatted lands in the SW 1 /4 of Sections of Marion Township was given its first reading. F-1 An Ordinance establishing the'Planned Unit Development ( Quik Trip Dev, on Marion Road S. E) was given its second reading. Solinger moved, Bluhm second to adopt the Ordinance as read. Upon roll call vote, Aldermen Bluhm, Canfield, Solinger and Strain voted aye. Ayes (4), Aldermen Hunziker, Bluhm and President Selby voting nay. Nays (3).Motion did not carry as it needs 5/7 vote to carry. The Ordinance was not adopted. F-1 Strain moved, Bluhm second to adopt Resolution No. 561-88 approving an owner contract with Elcor Dev. and Elcor Const. for Storm Sewer, San. Sewer, Watermain and service connections to serve Phase I of Auborn Place II. Ayes (7), Nays (0).Motion carried. G-1 Hunziker moved, McConnell second to remove the Project No. 6256-88 J 9014 - St. Widening, Bit. overlay, .Con. Curb and Gutter & St.Sewer on 16th St. S. E. from llth Avenue S. E. to appxo 330 Ft. East fromthe table. Hunziker moved, Bluhm second to deny the request for this proejct. Ayes (7), Nays (0).Motion carried. G-2 I The Final Plat of Villa Estates will remain on the table. Having no further business,Solinger moved, Bluhm second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. Meeting was adjourne until 4:00 P.M. August 22, 1988. City Clerk