HomeMy WebLinkAbout11-16-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
1673
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November 16, 1981
Agenda
Item
A-1 President Postier called the meeting to order at 7:30 P.M., the folloi
ing members being present: President Postier, Aldermen Allen, Bluhm,
Duffy, Powers, Solinger and Strain. Absent: None.
Powers moved, Allen second to approve the minutes of the October 19,
and November 2, 1981 meeting. Ayes (7), Nays (0). Motion carried.
B-1 A Hearing on the Charter Amendments as -considered by the Committee of
the Whole on October 19, 1981. Having no one present that wished to
be heard, President Postier closed the hearing. Bluhm moved, Strain
second instructin the City Attorney to prepare an Ordinance for
c adoption. Ayes ), Nays (0). Motion carried.
B-2 A Hearing on the Application for Planned Unit Development ( Amended
Final Plan ) on the Ferndale Replat located at 28th Street and 18th
Avenue N. W. ( State Farm Claims Office ). Having no one present
that wished to be heard, President Postier closed the hearing.
Solinger moved, Bluhm second to adopt Resolution No. 604-81 approving
the plan. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on the Application for Planned Unit Development ( Concept
Statement ) for the IBM Mid America Employees Credit Unison located at
1700 North Broadway. Wishing to be heard was Bill Meske of
Weischelbaum Associates, 1903 South Broadway and is speaking on behal
of IBM Credit Union. He stated that they would like a reduction
of the curb cut on 17th Street to 28 feet. He stated that a shuttle
bus from IBM to the Credit Union is used and this is needed for the
bus to get through the area. He also requested that the drive -way
onto Third Avenue be 24 feet wide and remain as a one=way (specifical'
marked) and agreed to removing the parking from the south side of
the building, but leaving the loading zone. Having no one preset
that wished to be heard, President Postier closed the hearing. Bluhm
moved, Powers second to approve the application subject to 1. Reducini.
the curb cut on 17th Street to 28 feet 2. Designating the driveway
onto Third Avenue as one-way ( 24 feet wide ) and 3. Removing the
parking from south side of the building but keep the loading zone.
Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on the Petition to Change the Zoning District from the R-1
(Single Family Residential ) District to the B-4 ( General Business)
District on 30.5 Acres of Vacant Land at the Southeast Quadrant of
T.H.. 52 and 55th Street N. W. Having no one present that wished to
heard-, President Postier closed the hearing. Bluhm moved, Strain
second to instruct the City Attorney to prepare an Ordinance for
adoption. This should state that the B-4 zone not be established
on the portion east and north of the waterways. Ayes (7), Nays (0).
Motion -carried.
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Agenda
Item
B-7
E-1
E-2
RECORD. OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November 16, 1981
A Hearing on the Amendments to Paragraph 65.600, Table 3 of the
Rochester Zoning Code to allow Parking lots and garages as a permitt
use in the Institutional Zoning District. Having no one present tha
wished to be heard, President Postier closed the hearing. Solinger
moved, Duffy second to instruct the City Attorney to prepare the
necessary documents for adoption. Ayes (7), Nays (0). Motion carrie
A Hearing on the Petition to Change the Zoning District from the
B-lb (Neighborhood Business ) District to the B-4 ( General Business)
District on Property located at 101 16th Street N. E. Having no
one present that wished to be heard, President Postier closed the
hearing. Allen moved, Strain second to instruct the City Attorney
to prepare.an Ordinance that can be adopted making the change.
Ayes (5), Nays (0). Alderman Solinger and Bluhm abstained. Motion
carried.
A Hearing on the Proposed Assessments on New Sidewalk.;Project No. 2
1980.(1B + 2.).J 8734.: :Allen moved; Strain second,to table:this unti
later in the evening. Alderman Strain had a question which could be
answered later. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Assessment on Project No. 6320-2-79
J 8705 Basic Improvements in 20th Avenue S. E. abutting Villa Meadows
north of 17th Street S. E. Having no one present that wished to be
heard, Bluhm moved, Powers second to continue the hearing until
December 21, 1981. Ayes (7), Nays (0). Motion carried.
Allen moved, Duffy second to approve the Change Order No. 10 consisti
of 23 changes in the construction of the Water Reclamation Plant.
This constitutes an increase of $65,240.40. The Mayor is authorized
to execute the order. Ayes (7), Nays (0). Motion carried.
Duffy moved, Powers second to instruct the Mayor and City Clerk to
execute the documents accepting the proposal submitted by Wallace,
Holland, Kastler, Schmitz and Company to provide engineering services
in connection with the City's planned acquisition through purchases
or long term lease of sludge disposal sites. Ayes (7), Nays (0).
Motion carried.
Allen moved, Strain second to remove the Hearing on the Proposed
Assessments on New Sidewalk Project No. 2-1980 (113 + 2) J 8734 from
the table. Ayes (7), Nays (0). Motion carried. Alderman Strain
questioned the location of some of the sidewalk in the area N.W.
near Pax Christi church.and the cost.to the City. Harold DeV M es
City Sidewalk Inspector stated that some of the cost was a blacktop
bikepath and also explained the area of.sidewalk. Having no further
questions, President Postier closed the hearing. Strain moved,
Bluhm second to adopt Resolution No. 605-81 approving the assessments
Ayes (7), Nays (0). Motion carried.
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Powers moved, Bluhm second to approve the Proposed fees for the
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November 16, 1981
Agenda
Item
E-3 och.Sanitary Landfill effective January 1, 1982. The City Attorney
is instructed to prepare an Ordinance for ado ption..Ayes (7), Nays
(0). Motion carried.
E-4 Strain moved, Duffy second to adopt Resolution No. 606-81 setting a
public hearing date for December 7, 1981 for the considerationtof a
tax exempt mortgage for Water's Edge -Development Association.and in-
struct the City Clerk to publish the necessary hearing notice.
Ayes (7), Nays (0). Motion carried.
E-5 Allen moved, Strain second to table the request for a right turn lane
on West Center Street at Broadway. Ayes-..(7),, Nays �(0) : rMotion carri,e(
E-6 Powers moved, Duffy second to adopt Resolution No. 607-81 approving
the Supplemental Agreement increasing the contract with Floyd Larson
Construction for Project'on New Sidewalk, curb and gutter J 8726
by $11,035.15. This increase was due to curb cuts for wheelchair
ramps -that had to be installed. Ayes (7), Nays (0). Motion carried.
E-7 Strain moved, Solinger second to adopt Resolution No. 608-81 approvir
the issuing a revocable permit to encroach five feet into the re-
tained 60 foot utility easement where 21st Avenue N. W. was vacated.
( Target store. Ayes (7), Nays (0). Motion carried.
E-8 Solinger moved, Strain second to adopt Resolution No. 609-81 approvin
a revocable.permi.t for an existing building which encroaches approx.
3.4 feet into the street right of way ( 921-923 6th Street N. W. -
Rocabco, Inc. ). Ayes (7), Nays (0). Motion carried.
E-9 Powers moved, Bluhm second to approve the following licenses and bondE:
License to sell cigarettes received from K-Mart Corporation located a
850 37th Street N. W. from November 19, 1981 thru April 1, 1982.
Application received from Max's Restaurant, Apache Mall to sell
Cigarettes at -retail at Apache Mall. Period of time is December 1,
1981 thru April 1, 1982. Application for a Single Gambling License
to hold a raffle on December 22, 1981 received from Rochester Sertoma
Club - applicants of Steven Flynn..and Daniel Berndt. The request
to waive the bond has been accepted. Application to permit a dance
received by the Jobs Daughters on November 21, 1981. Location is
101 112 Second St. S. W. Application for permit"-- to move a house
received from L.M. Bud Trom 1506 Windsor Chase Drive. This would be
moved the latter part of November from 319 6th St. S. E. to 115 19th
Street S. E. Application to move two houses received from Franklin
P. Ko.ttschade of 2613 Fifth Avenue N.W. from 2028 East River Road to
32nd Street N. E. and East River Rd. and from 2110 East River Rd.
to 32nd St. N. E..and East River Rd. Johnson Brothers Moving Company
will be moving the houses. Application for approval of a Temporary
3.2 Beer License received from Ray Schmitz on behalf of the Sierra
Club for their annual meeting at the Unitarian Church on December 4,
1981. Application received from Denny Brusse, Preston, Mn. requesting
approval of an Auctioneer's .License for the period ending December
31, 1981. and an Auction License application received from Region X
for an auction to be held on Nov. 21, 1981. This is pending the rec6ipt
of a, bond., Ayes (7), Nays (0). Motion carried. I ,
iG RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November 16, 1981
Agenda
Item
E-10 Allen moved, Solinger second to approve the semi-monthly bills
(list attached) in the..amount of $1,664,939.08. Ayes (7), Nays (0).
Motion carried.
E-11 Solinger moved, Duffy second.to adopt Resolution No. 610-81 approving
the awarding of the low bid to Adamson Motors for furnishing five
blue and white police patrol cars (Gran Fury) and one compact
(Reliant) in a total amount of $45,970.92. Ayes (7), Nays (0).
Motion carried.
E-12 Allen moved, Bluhm second to adopt Resolution No. 611-81 affirming
-the recommendation of the Rochester Zoning Board of Appeals on
permission to grant a variance at 1911 First Street N. W. Ayes (7),
Nays (0). Motion carried.
E-13 Strain moved, Solinger second to authorize.the City Clerk to publish
a public hearing on January .4, 1982..for the Location/Design of West
River Road from Elton Hills Drive to 41st St. N. W. Project No. 6303
4-79 J 2114. Ayes (7), Nays (0). Motion carried. Resolution No.612-f
E-14 Strain moved, Bluhm second to adopt Resolution No. 613-81 authorizing
the City Clerk to advertise for bids for Basic Construction in
Manor Woods 4th Subdivision - Project No. 6920-4-81 J 8765. Bids
to be opened on December 30, 1981 at 11:00 A.M. Ayes (7), Nays (0).
Motion carried.
E-15 Bolinger moved, Duffy second to adopt Resolution No. 614=81 approving
the following parking changes: Section. B., No Parking Zones Delete
Paragraphs: (16).(17); (18); (34);(141); (141.5) and Amend Paragraph
(33) to read: First Street S. W. on the S. Side from Fourth Avenue
to a point 80 feet, more or less, West of.Fourth Avenue, at all times.
Ayes (7), Nays (0). Motion carried.
E-16 Solinger moved, Strain second to adopt Resolution No. 615-81 approvinc
the following changes in Loading Zones 1. Section D, Truck Loading
Zones, delete paragraph (23) and 2. Section E, Passenger Loading
Zones, Delete Paragraph (45). Ayes (7), Nays (0). Motion carried.
E-17 Duffy moved, Bluhm second to table the request to Remove Section
B., No Parking Zones Paragraph 142 to read: (1.42) Sixth Avenue S. W.
on the West side from Second Street to First St. at all times. Alder-
man Duffy stated that he thought all the people living in that area
should be notified. Ayes (7), Nays (0). Motion carried. Strain
moved, Duffy second to approve the request to delete parking
restrictions on East side of 6th Avenue N.W. from Center Street to
5th Street and amend the Ordinance by deleting paragraph (135 and
136). .Resolution No. 616-81 is approved.Ayes (7), Nays (0). Motion
carried.
E-18 Solinger moved, to approve the Supplemental Agreement No. 1 for
Bike Path Project 7503-6-78 on South Broadway in the amount of
$3,895.74. The motion did not carry for lack of a second. Duffy
moved, Powers second to table this for further i.nfdrma_ti.on.
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RECORD OF> OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL iG 717
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November 16, 1981
Agenda
Item
E-18 Ayes (6), Nays (1) Alderman Solinger voted nay. Motion carried.
_E-19 Solinger moved, Allen second to adopt Resolution No. 617-81 approving
Supplemental Agreement No. 2 for Project No. 6301-3-81A Sanitary
Sewer on 1st Avenue and 1st St. S. W. J 2506.Alderman discussed
the fact that supplement agreements have been coming in frequently
on various projects and Alderman Bluhm questioned whether or not the
bidding process would be affected, or whether the bidder-thould with-
stand the cost. Roger P1umb,Public Services Director stated that
problems come up in every.project that no one can forsee at the time
of bidding. He stated that the practice is not uncommon in any
project. Having no further discussion,.vote was taken. Ayes (7),
Nays (0). Motion carried.
E-20 Strain moved,.Powers second to adopt Resolution No. 618-81 declaring
the cost to be assessed and 619-81 ordering a hearing to be held on
March- 1, -1982 on Sidewalk Replacement Project No. -1- 1980 J 8726
Ayes (7), Nays'(0). Motion carried.
E-21, Solinger moved, Strain second.to adopt Resolution No. 620-81 and 621-I
declaring the cost to be assessed and ordering a hearing to be held
on March `,;1, 1982 on New Sidewalk Project No. 2-1981 J 8755.
Ayes (7),Nays (0). Motion carried.
E-22 Allen moved, Duffy second to adopt Resolution.No. 622-81 relating to
the creation of a Joint Zoning Board for property contained within
the Airport Hazard Area of the Rochester Municipal Airport. Ayes (7)
Nays (0). Motion carried.
G-1 Duffy moved, Bluhm second to remove the.request to transfer a Off
Sale Liquor License currently located at 602 North Broadway held by
Ray Brown to a new location of Barlow Plaza -.from the table. Ayes (7),
Nays (0).. Motion carried. Ray Brown of 2018 loth Avenue N. E. was
present and told the Council that he had leased space available at
,Barlow Plaza at the present time.. Strain moved, Bluhm second to
approve the location transfer. Ayes (6 ), Nays (0). Alderman Allen
abstained. Motion carried.
F-1 An Ordinance Relating to Landfill. Disposal Fees, Amending Rochester
Code of Ordinances, Section 141.32 and 141.33 was given its first
reading. Duffy moved,Powers second to suspend the rules and give.
the Ordinance a second reading. Upon Roll Call vote, Aldermen Allen,
Bluhm, Duffy, Powers , Solinger and Strain and President Postier
voted aye. Ayes (7), Nays (0). The Ordinance was given its second
reading. Bluhm moved, Allen second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning certain property located:at T.H.'52 and 55th
St. N. W. 24.01 acres more or less to B-4 General Business District.
.85 acres.are zoned in.another tract. Total Rezoning tracts of 24.86
acres, was given its first reading.
1678 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18 - November.16, 1981
Agenda
Item
F-1 An Ordinance Rezoning property.to B-4 General Business District in
Lot 1, Block 1 Dashow's Subdivision was given its first reading.
F-1 An Ordinance Relating to the Charter of the City of Rochester; Revisii
Reorganizing and Modernizing major portions of the Charter; Improvi.ng
Organization, language and style; clarifying ambiquities and removing
.obsolete and superfluous provisions: Amending Sections 127, 128,129
131, 134 137,146,288,and 312; and Repealing Sections 111, 130,145
183,184,186,187,188,189,190,191,192,193,194;195, 210,214,274A, 304,
305,306,308,309, and 310. was given its first reading.
F-1 An Ordinance Approving the amendments to Paragraph 65.600 .Table 3
of the Rochester Zoning Code to allow Parking lots and garages as
a permitted use in the Institutional Zoning District was given its
first reading.
F-1 An Ordinance Relating to designated truck routes;.Amending Rochester
Code of Ordinances, Section 135.07 to add a route was given its seconi
reading. Allen moved, Strain second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Annexing 32 acres of Unplatted land situated West of
Country Club Manor in Cascade Township was given its second reading.
Duffy moved, Strain second to adopt the Ordinance as read. Ayes (7)
Nays (0). Motion carried.
F-1 ' An Ordinance Relating to Annual License -.:and Permit Fees, Providing
for an Increase in Various Fees; Amending Rochester Code of Ordinance!
51.03, 53.03, 55.06, 70.04, 76.07, 94.06, 95.05, 97.04, 100.06, 100.1;
104.02, 104.03, 104,04, 104.05, 105.03, 107.04, 109.03, 110.03,
111.03, 1.12.04.; 113.02, 115.03, 115.03, and 116.02 was presented
for its second reading. Powers moved, Bluhm second to suspend the rul(
and give it.a second reading. Upon Roll Call vote, Aldermen Allen,
Bluhm, Duffy, Powers, Solinger,Strain and President Postier voted aye,
Ayes (7), Nays (0). Motion Carried and the Ordinance was given its
second reading. Bluhm moved, Allen second to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
F-1 Allen moved, Solinger second to adopt Resolution No. 623-81 amending
Resolution No. 603-81 and establishing a polling place for Ward 3,
Precinct No. 1 to be Rochester Assembly of God Church located at
4240 18th Avenue N. W. Ayes (7), Nays (0). Motion carried.
H-1 Discussion was held''on the method of financing for the proposed
Attraction Center. Solinger moved, Duffy second to approve having
a new attraction center with a limited life luxury tax of 112% recomm-
ended to the State Legislature. This should be presented to the
voters on the May 18, 1982 election. Funds to be used for Debt Re-
tirement and Operation. A cap of 12 million dollars on the cost of
the center. Upon Roll call vote, Aldermen Allen, Powers, Strain
and President Postier voted nay. Aldermen Bluhm, Duffy and Solinger
voted aye. Ayes (3), Nays (4). Motion did not carry.
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RECORD OF OFFICIAL :PROCEEDINGS OF THE COMMON COUNCIL J(; s 9
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 18- November 16, 1981
Agenda
Item
H-1 President Postier stated for the record that he was not voting on the
actual Attraction Center, he was strictly voting on the method of
financing -it. After further discussion by the Council, Bluhm moved,
Powers second to recommend to State Legislature the funding method
of the new Attraction Center be a 2% tax on Liquor, Beverage and
food and the funding be used for the Debt Retirement and Operating
cost. This would be brought to the voters on the May 18, 1981
election.Ayes (6), Nays (1). Alderman Solinger voting nay. Motion
carried.
H-2 Bluhm moved, Powers second to grant the Cable TV Advisory Committee
three months time to study the letter received from the FCC and work
with the Cable Company to get back to the Council recommendations.
Ayes (6), Nays (0). Alderman Solinger abstained. Motion carried.
Having no further business, Bluhm moved, Allen second to adjourn the
meeting. Ayes (7), Nays (0).Motion carried.
City Clerk
Information 11-16-81
1. Receipt of Mediation Petition and meeting notice.
2. Notice of Claim for Richard's Roost vs City of Roch. ref. Attorn
3. Notice of Claim for Mac's Rest. vs City of Roch. Ref. to Attorney
4. Letter to Mayor and Council from Louise Allen.
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