HomeMy WebLinkAbout08-06-1990Agenda
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RECORD OF OFFICIAL PROCEED.INGS� OF THE= COMMON 'OOUNCIL
CITY OF ROCHESTER, MINNESOTA NO 3571
Regular Meeting No. 5 - August 6,,1990
President Selby called the meeting to order at 2:00 P.M., the follow-
ing members being present: President Selby, Aldermen Bluhm, Canfield,
Hunziker, McConnell, Solinger and Strain. Absent: None.
Request to be,heard by Donald DeVaughn regarding the proposed sale
of the Hydro Dam was cancelled.
Bluhm moved, Solinger second to approve the minutes of the July
16, 1990 meeting. Ayes (7), Nays (0).Motion carried.
Solinger moved, Bluhm second to accept the resignation of Fred S.
Suhler, Jr. from his position as City Attorney. This is effective
September 14, 1990 at 5:00 P.M. Alderman McConnell stated - for the
record - that he accepts this resignation becausea person should
not stand in the way of another person wanting to make a career
change. I have great respect for Mr. Suhler and I wish him well and
I think the City will have a great difficulty in replacing a public
servant with Mr. Suhler's knowledge, work ethics, tenacity and
love for the City of Rochester. Vote was taken on this motion.
Ayes (7), Nays (0).Motion carried.
Bluhm moved, McConnell second to approve the purchase of 115 and
125 1st St. N.E. for an estimated price of $47,213.00. This is to
be used for the Civic Square Project. Ayes (7), Nays (0).
Motion carried.
McConnell moved, Hunzikersecond to enter into a. lease agreement for
the lease of the premises located at 314 South Broadway for the
Crime Prevention Office. This will be leased for $1,200.
for 1990 and 1991 and $1,500. for 1992. Ayes (7), Nays (0).
Motion carried.
Strain moved, McConnell second to approve the following resolutions
as adopted by the Rochester Public Utility Board:
Resolution No. 349-90 approving a purchase order with Road Machinery
Supply Company for a truck cab/chassis with digger in the amount of
$118,816.00.
Resolution No. 350-90 approving a medical leave of absence for
James Ellefson commencing July 26, 1990.
Resolution No. 351-90 approving a proclamation urging Rochester's
citizens to participate in "National Night Out" festivities to be
held on August 7, 1990.
Resolution No. 352-90 approving a contract agreement with Custodis-
Cottrell for stack and chimney steel painting - 1990 in the
amount of $21,125.00.
Ayes (7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
N° 3572 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 6, 1990
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COUNCIL
N° 3572
Bluhm moved, Canfield second to deny the request to use the public
parking lot ( Library Lot ) for a Dance sponsored by Max's on
Broadway. Ayes (7), Nays (0).Motion carried. Strain moved,
Solinger second to approve this dance to be done in the building
known as Max's on Broadway. Ayes (7), Nays (0).Motion carried.
McConnell moved, Bluhm second to approve the On -and Off Sale
Non - Intox. Malt Liquor license forthe 63 Club -1726 South
Broadway from Harold Hayes to Lloyd S. and Geralding M.Cureton.
Ayes (7), Nays (0).Motion carried.
Bluhm moved, Canfield second to approve the Accounts Payable in
the amount of $2,069,603.51. List on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
Solinger moved, Strain second to adopt Resolution No. 352A-90 author-
izing the Mayor and City Clerk to advertise for bids on four used
automobiles (former rental or used cars) for the Police Dept.
Bids to be opened at 11:00 A.M. August 24, 1990. Ayes (7), Nays (0).
Motion carried.
McConnell moved, Bluhm second to adopt Resolution No. 353-90 awardin
the low bid for Fuel in Tankwagon quantities to B & F Distributing.
Company, Rochester. Mn. This is in the amount of .03 over the CPC
price for Regular and unleaded gasoline and .0375 over the CPC
price for Premier diesel and # 1 diesel. Ayes (7), Nays (0).Motion
carried.
Strain moved, Canfield second to adopt Resolution No. 354-90 awardin
the contract for low bid for the Bikeway construction along Salem
Road to Bamber Corners and ZUmbro Park South to and along Mayowood
Road to Elcor Construction Company in the amount of $85,912.25.
Ayes (7), Nays (0).Motion carried.
Solinger moved, Strain second to adopt Resolution No. 355-90 author-
izing the City Clerk to advertise.for bids to be opened at 11:00
A.M. on August 28, 1990 on Ferric Chloride for the Water Reclamation
Plant. Ayes (7), Nays (0).Motion carried.
Discussion was held on the Metes and Bounds Conveyance of Unplatted
land No. 90-12 located along the south side of the D.M. and E Rail-
road property along the North side of the Barlow Food Store Property
Jim Cleary of 4929 lst St. S. E. stated that this land that is
being considered in the metes and bounds is just going to be used
for parking only. Alderman Hunziker questioned if the City had the
right to do metes and bounds on land that is not in the City.
Doug Gregor, Assistant City Attorney stated that we could have
metes and bounds on land outside the City. Jeff Ellerbush, Planning
Dept. stated that this land is subject to orderly annexation by
the Cascade Township and that gives us the authority to do this -
it is under orderly annexation. Hunziker moved, Strain second to
adopt Resolution No. 356-90 allowing the Metes and Bounds. Ayes (7),
Nays (0).Motion carried. Strain moved, Hunziker second to order the
property on the East side of Highway 52 to be annexed under orderly
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3573
Regular Meeting No. 5 - August 6,�1990
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E-12 annexation. Ayes (7), Nays (0).Motion carried. Staff is instructed
to follow thru on this request.
E-13 Strain moved, Solinger second to adopt Resolution No. 357-90 approvin
the Metes and Bounds Conveyance of Unplatted land 90-13 located
along the west side of TH 52 between Center Street and the Vogel
Outdoor Adv. property on the North. This is Stanley Mount of Ryans
Bay, Zumbro Falls and requests this conveyed into three parcels.
This is subject to the following conditions: That the applicant
by separate document grant public street easements of comparable
width of the existing street widths of both 1st St. N. W. and
2nd Street N. W. (66 feet ) across the entire width of the proposed
parcels. Ayes (7), Nays (0).Motion carried.
E-14 Strain moved, Bluhm second to adopt Resolution No. 358-90 setting
a hearing date of September 5, 1990 on the vacation of the east -
west alley in Block 2 of the West Zumbro Addition. Ayes (7), Nays (0)
Motion carried. This is the alleyway located between 18 and 19th
Avenue N. W. between lst and 2nd Streets N. W. Ayes (7), Nays (0).
Motion carried.
E-15 Bluhm moved, Canfield second to adopt Resolution No. 359-90 setting
a hearing date of September 5, 1990 on the vacation of the valley nex
to Virgil's Auto Clinic at 1101 2nd Street S. W. Jeff Ellerbush,
Planning Dept. stated that he received a call from the Fire Dept.
and they stated this is a fire box line and that should be considered
in the vacation. Ayes (7), Nays (0).Motion carried.
E-16 Bluhm moved, Strain second to adopt Resolution No. 360-90 setting
a hearing date of Sept. 5, 1990 on the vacation of a street right-
of-way which is a portion of the old Hwy 52 ( Bandel Rd.N.W.)
Ayes (7), Nays (0).Motion carried.
E-17 Bluhm moved, Strain second to adopt Resolution No. 361-90 to approve
the agreement with Olmsted County for the construction of city street
adjacent to West Circle Drive from Salen Road to TH 14. The City
share is $143,887.20. Ayes (7), Nays (0).Motion carried.
E-18 Canfield moved, Bluhm second to approve a ten year lease with the
American Legion in lieu of a purchase payment for lands acquired
for the 5th Street NW -NE extension. The lease having a renewal
option with rents to be set in the future. Ayes (7), Nays (0).
Motion carried.
E-19 Solinger moved, Hunziker second to adopt Resolution No. 362-90
ordering a hearing for September 17, 1990 on Project No. 5511 J 9112
Reconstruction of Memorial Parkway from Trunk Highway No. 14 to 7th
Avenue S. W. and on 7th Avenue S. W. from Memorial Parkway to llth
Street S. W. Ayes (7), Nays (0).Motion carried.
E-20 Solinger moved, Strain second to adopt Resolution No. 363-90
authorizing the City Clerk to advertise for bids for a Traffic Signa
at llth Ave. and 14th St. N. W. Bids to be opened at 11:00 A.M. Aug.
29,1990. Ayes (7), Nays (0).Motion carried.
N° .. 3574
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RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3574
Regular Meeting No. 5 - August 6, 1990
Bluhm moved, Strain second to adopt Resolution No. 364-90 amending
Para. (49) and (50) of Sec. B, "No Parking Zones" as follows:
(49) - 2nd St. N. W. on the N. side from 6th Ave. to 9th Ave. -
7:00 P.M., Monday to 3:00 P.M. Tuesday.
(50) 2nd St. N.W. on the S. side except that parking is allowed from
3:00 P.M., Mon. to 7:00 P.M. Tuesday.
Ayes (7), Nays (0).Motion carried.
Strain moved, McConnell second to adopt Resolution No. 365-90 author-
izing the City Clerk to advertise for bids on Project No. 6202-3-90
J 9127 - Grind and Resurface 2nd St. S. W. from llth Avenue S. W.
to 17th Avenue S. W. and Project 6310-3-90 J 9128 Grind and Resurfac(
1st Avenue S. W. from 3rd St. S. W. to 4th St. S. W. Bids to be
opeend at 11:00 A.M. Aug. 31, 1990. Ayes (7), Nays (0).Motion carri(
This item will be considered at the evening.
McConnell moved, Bluhm second to approve the following request:
Downtown Business Assoc. to hold their annual sidewalk days on
July 26,27 and 28, 1990. This was given prior approval.
Ayes (7), Nays (0).Motion carried.
Solinger moved, Bluhm second to approve the following licenses & bon
Request received from Gateway Foods of Twin Ports DBA Gateway Service
Corp. Superior Wisc. for a Heat.,Vent. and Air Cond. Contractors
License.
Request from Holy Anargyroi Greek Orthodox.Church for a Temp. On -
Sale 3.2 beer license for the Greek Festival on Aug. 26, 1990.
Request from Jerry Herman DBA East Side Inn for an Over -the -Counter
Cigarette License. This is located at 826 4th St.S. E.
Request received from Lloyd S. Cureton DBA as 63 Club 1726 So.
Broadway for a Cigarette License ( Vending ).
Request received from D.Bryce Prow for a Sewer and Drain license
Mr. Prow is from Rochester, Mn.
Request received from The Knights of Columbus Council 1013 , Roch.Mn.
for an Annual Gambling License.
Request from the Mn. Marriage Encounter of Rochester, Mn. for a
Temporary Gam. Permit for a raffle at the Resurrection Catholic Churc,
on Sept. 28, 1990.
Request from the Women's Assoc. of the Mn. Orchestra for a Temp.
Raffle on Sept. 22, 1990 at the Mayo Civic Theatre.
Rquest from Linus Bartsch dba ARY Com. of Grand Forks N.D. for
a license to construct asphalt sidewalks,curb and gutters and drive-
ways.
Request from The Great Southern Mn. Bar-B-que, 724 1st Ave. S. W.
for a license to sell cigarettes at the Olmsted County Fair Grounds.
This is held on July 22, 1990 and had prior approval from two members
of the Council.
Ayes (7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N° -3575
Regular Meeting No. 5 - August 6, 1990
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E-26 Solinger moved, Bluhm second to approve the following change,
orders to the Water Reclamation Plant Chemical Storage and Feed
Facility ( Contract J 4355). Change order No. 1 $7,060.00 deduct
Change order No. 2 - $3,758.00 add and Change order No. 3 -
$3,378.00 add. Total is a $76.00 increase in the contract amt.
Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Amending certain portions of the Charter of the City
of Rochester pertaining to conflicts of Interest; providing for
adoption by the City of a Code of Ethics for Elected , appointed and
employed City Personnel; amending Charter Sec. 7.01 was given its
second reading. Solinger moved, Hunziker second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 Bluhm moved, Canfield second to adopt Resolution No. 366-90
approving an owner contract for Basic Construction in a portion of
Mayowood Common Subdivision; Mayowood Enterprises and Road Construct.
ors, Inc. Ayes (7), Nays (0).Motion carried.
Having no further business, Bluhm moved, Strain second to adjourn the
meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried.
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President Selby called the meeting to oder at 7:30 P.M., the follow-
ing members being present: President Selby, Aldermen Bluhm, Canfield,
Hunziker, McConnell, Solinger and Strain. Absent: None.
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A Hearing on the Amendment to the Apache Mall Shopping Center Plan.
Wishing to be heard was R.L. Landwehr, General Manager for MEPC
Apache Properties, Inc. and was present for any questions the
Council may have. Having no one else present that wished to be heard,
President Selby closed the hearing. Solinger moved, Strain second
to adopt Resolution No. 367-90 approving this request subject to
the fact that the applicant must provide a copy of the final
signed lease with the Mn. Dept. of Transportation for the use
of Mn/DOT land at the time of 'issuance of building permit. Ayes
(7), Nays (0).Motion carried.
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A Hearing on the Petition to vacate a portion of a utility easement
along the North side of Apache Mall. Having no one present that
wished to be heard, President Selby closed the hearing. Solinger
moved, McConnell second to adopt Resolution No. 368-90 approving
the vacation subject to a receipt of a replacement easement.
Ayes (7), Nays (0).Motion carried.
B-3
A.Hearing on the Petition for New Sidewalk - both sides of Lincoln
Lane N. W. 4-90 J 9161. Wishing to be heard was Wayne and Cheryl
Fuoss of 3230 Arbor Dr. and he presented a petition with 13 signatures
against this petition. He stated they are in a small area and a
cul-de-sac and they do not want this.
Wishing to be heard was Michelle Johnson of 4503 Lincoln Lane N.W.
She is opposed to this sidewalk.
Alderman McConnell stated that he is against this sidewalk as only
5 out of the 13 want it. Alderman Bluhm agrees with McConell.
Having no one else present that wished to be heard, President Selby
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
N? 3576 CITY OF ROCHESTER, MINNESOTA N? 3576
Regular Meeting No. 5 - August 6, 1990
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B-3 closed the hearing. McConnell moved, Canfield second to deny the
project. Ayes (7), Nays (0).Motio ncarried.
B-4 A Hearing on the Project No. 9003-J 9141 Reconstruction of Residentia
Alleys at the following four locations:
Alley in blk bounded by 8th Ave.S.E., 9th Avenue S.E., 9th St. and 10
St. S.E.
Alley in blk bounded by 9th Ave. N. E., loth Avenue N. E., 3rd St.
N.E. and 5th St. N. E.
Alley in blk bounded by 6th Ave. S.W., 7th Ave. S.W., 8th St. and
9th St. S.W.
Alley in blk bounded by 13th Ave. S. W., 16th Avenue S. W. West
Center Street and 1st St. S. W.
Wishing to be heard was Mario Rojas of 1420 West Center St.
He is opposed and wants the alley left as it is. He stated that
traffic would go fast and would increase with the better alley.
Susan Scanlan of 846 7th Avenue S. W. is opposed and wants speed
bumps if it is approved so that traffic will slow down.
Charlotte Quinn of 834 7th Avenue S. W. would like to have the alley
paved and wanted more information on how this would be done.
The.; alley in question by the above citizens is the Alley in blk
bounded by 13th Avenue S. W. 16th Avenue s.W. West Center St. and
lst St. S.W. Public Services explained the procedure to Ms. Quinn.
Wishing to be heard was Kevin Duerson of 1418 West Center St.
He presented a petition and out of 21 houses was contacted, 12
was opposed. They do not want to pay for something they do not need.
Traffic will be to much . Plus, they do not want the "asphalt look"
in the neighborhood.
Wishing to be heard was Daniel Kuffel of 1430 West Center St.
and is opposed.
Having no one else present that wished to be heard, President Selby
closed the hearing. After discussion by the Council, Canfield
moved, Strain second to adopt Resolution No. 369-90 accepting the
three alley's but eliminating the Alley in Blk bounded by 13th
Avenue S. W. 16th Avenue S. W. West Center ST. and 1st St. S.W.
Ayes (7), Nan (0).Motion carried.
B-5 A Hearing on the Project No. 6204-3-90 J 9162 - Watermain Ext. in
easement and in 4th St. S.W. to serve parcels 604 and 701 in
Hillcrest Sub. Wishing to be heard was James Buryska of 311 Highland
Court and he is opposed to this. He stated they had two alternatives
and the alternative eliminating the sewer was what they needed. Water
is only half the problem they had. They wished to have the council
consider adding the sewer.
Wishing to be heard was Alan Oslund, 2509 4th St. S. W. and
agreed with Mr. Buryska and is against this project. Having no one
else present that wished to be heard, President Selby closed the hear'
Hunziker moved, Strain second to deny the project. Ayes (7), Nays (0)
Motion carried.
B-6 A Hearing on the Planned Unit Dev. Final Plan Stage for Essex Estates
Wishing to be heard was Bill Tointon of McGhie and Betts Roch.Mn.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA NO
Regular Meeting No. 5 - August 6, 1990
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B-6 He represented the owner and went over the conditions that were
listed in this plan.
Wishing to be heard was Pat Hayes of 4019 loth Ave. N. W. and is
concerned about the noise that will be generated by this dev. and
would like more berm around the project. She also requested that the
- church property remained R-1.
Having no one else present that wished to be heard, Hunziker moved,
Bluhm second to continue the hearing until September 17, 1990.
Ayes (7), Nays (0).Motion carried.
B-7 A Hearing on the Final Plat of Essex Estates. Wishing to be heard
was Bill Tointon of McGhie and Betts, Roch.Mn. and is in the
process of completing a development agreement and will be done
in the Final Plat. The three conditions were also being done by
them. Having no one else present that wished to be heard, Hunziker
moved, McConnell second to continue this until Sept. 17, 1990.
Ayes (7), Nays (0).Motion carried.
Solinger moved, Hunziker second to instruct staff to hold a hearing
on the change of name of 48th Street N. W. to Essex Parkway.
Ayes (7), Nays (0).Motion carried.
B-8 A Hearing on the Planning Commission Initiated text amendment regardin
general yard modifications in residential districts which would allow
for certain types of yard encroachments.
Having no one present that wished to be heard, President Selby
closed the hearing. Hunziker moved, Solinger second to approve the
revised recommendations by the Planning Dept. and instruct the City
Attorney to prepare an ordinance for adoption. Ayes (7), Nays (0).
Motion carried.
B-9 A Hearing on the Applications for CY1991 State Transit Assistance.
Having no one present that wished to be heard, President Selby closed
the hearing. Strain moved, Bluhm second to adopt Resolution No. 370-
90 and 371-90 authorizing submittal of an application to the State
of Mn. CY91 transit assistance per Application I - Regular Route
Transit and to enter into a contract with the State for receiving
such funds and Application II - Dial A Ride and to enter into a
contract with the State for receiving such funds. Ayes (7), Nays (0).
Motion carried.
E-23 Solinger moved, Hunziker second to reject the bids submitted for
New Sidewalk Project 4-90 J 9161 - Lincoln Lane N. W.Ayes (7),
Nays (0).Motion carried.
E-27 Bluhm moved, Strain second to
1_) Accept -the Facili-ties'Task Force recommendations -gas presented.
These recommendations-wil-1 result in. the establishment of a public
referendum on November .6.,'.-1990., to consider r;: authorization. to, '
construct a new Fire Station Public Library; and City•H'al1 with"
proceeds from a .1q sales tax:_ _.
21'Authorize..'the Facilities -Task Force to --:undertake the responsibili
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
N° - -3578 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 5 - August 6, 1990
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of formulating, organizing.,.and coordinating a publ.i.c.educational
effort.to_inform the citizens of the City's facility needs and the
recommended -method by which to -finance the proposed"facilities. The
Task Force should be authorized to solicit whatever additional
volunteer assistance they deem necessary._
3) Authori.ze-the retention of do individual to assist -in the i
formulation; organization, -and coordination of an'educational effort
related to the proposed referendum. The retention of the individual
would be subject to the Council's concurrence, however,
Steve Kvenvold recommends that the individual be directed by and
report to the Task Force. Ayes (7), Nays-(0). Motion carried.
An Ordinance relating to Zoning; -permitting an addition to be made to
a structure already encroaching in a required yard in a residential
district; amending the RCO Chapter 62 by adding a Sec. 62.2105.
This was given its first reading.
Having no further business, Strain moved, Solinger second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk