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HomeMy WebLinkAbout12-07-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 19 - December 7, 1981 Agenda Item A-1 President.Pro-.Tem Strain called.the.meeting.to order at.2:00 P.M., the following members being present : President Pro-Tem Strain, Aldermen Allen, Bluhm, Duffy, Powers and Solinger. Absent: President Postier. Bluhm moved, Allen second to approve the minutes of the November 16, 1981 meeting with the.following correction: Item H-1 on the method of financing for the proposed Attraction Center the recommendation should have been 1% Increase in hotel/motel tax, 2% On and Off -Sale liquor tax, 2% Eating and drinking establishments and 15% Auditorium admission fees. Ayes (6), Nays (0). Motion carried. E-1 Duffy moved, Powers second, to approve Change Order No. 11 consisting of 38 items in an additional cost of $42,456.30 for the Water Reclam- ation Plant construction. Ayes (6), Nays (0). Motion carried. E-2 Allen moved, Powers second to approve the Change order No. 12 consisting of 30 items in an additional amount of $25,234.00 for the Water Reclamation Plant Construction. Ayes (6), Nays (0). Motion carried. E-3 Powers moved, Solinger second to authorize acquisition of the fee interest of the property located at 225 South Broadway for $62,000.00 and immovable fixtures for $10,000. The estimated relocation payment to the tenant is $7,500.00. Ayes (6), Nays (0). Motion carried. E-4 Bluhm moved, Duffy second to adopt Resolution No. 624-81 correcting Resolution No. 598-81.to read October-8, 1981 a Resolution was adopter and.notice was given that a hearing will be held on Nov. 2, 1981. Ayes (6), Nays (0). Motion carried. E-5 Bluhm moved, Allen second to adopt Resolution No. 625-81 approving the Certificate of Correction in the Plat of Hall's Second Addition. This corrects the legal description. Ayes (6), Nays (0). Motion carried. E-6 Allen moved, Solinger second to approve the Accounts payable (semi- monthly) in the amount of $589,804.60 (list attached). Ayes (6), Nays (0). Motion carried. E-7 Powers moved, Allen second to adopt Resolution No. 626-81 awarding the bids for the Data Processing equipment as follows: Three year lease with Telex on the printer without sheet feeder and the terminal with controller. On the terminal for the Clerk's Office a five year lease with IBM is recommended with the recommendation of..purchasing.the mach ine after three years. Ayes (6), Nays (0). Motion carried.. E-8 31uhm moved, Solinger second to adopt.Resolution No. 627-81 authorizin he City Clerk to advertise for bids.. -on dental insurance program. Bid o be opened at 11:00 A.M. on December 30, 1981. Ayes (6), Nays (0). lotion carried. RECORD OF. OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 7, 1981 Agenda Item E-9 Solinger moved, Bluhm second to adopt Resolution No. 628-81 approving the employees classified as "exempt officers and employees"salary be raised by 8.5% and the changes in surgical section of the Health Insurance, Dental Program and 1/2 day holidays on Christmas Eve and New Years Eve be approved. Ayes (6), Nays (0). Motion carried. E-10 Duffy moved, Bluhm second to adopt Resolution No. 629-81 approving the agreement with the International Association of Firefighters No. 520 for the years 1982 and 1983. Wages for 1982 will be increased by 8.5% and 9% in 1983. Vacation changes, Language changes, December 24 and 31st 1/2 day holiday, uniform allowances, dental insurance and Surgical improvements ( Health Insurance ). Ayes (6), Nays (0).. Moti carried. E-11 Duffy moved, Bluhm second to adopt Resolution No. 630-81 approving an agreement with the Rochester Engineering Technician's Association for 1982-1983 which calls for 8.5% increase in wages for 1982 and 9% for 1983. Dental Insurance, Surgical Improvements ( Health Ins.) Safety Shoe allowance, Training.Fund, Merit Step for Senior Eng. echnicians and December 24 and 31st 1/2 day Holiday. Ayes (6), Nays (0). Motion carried. E-12 Solinger moved, Allen second to adopt Resolution No. 631-81 setting hearing date for January 4, 1982 on the vacation of'a portion of the 10' wide Utility Easement on the Common Line between Lots 5 and 6 , Block 4 Radichel First Subdivision. Ayes (6), Nays (0). Motion carried. E-13 31uhm moved, Allen second to adopt Resolution No. 632-81 setting a earing date for..January 4, 1982 for -the vacation of the alley in lock 12 of the Original Plat of the City of Rochester ( Arthur Hotel lock ). Ayes:(6),-Nays (0). Motion carried. E-14 3olinger moved, Allen second to adopt Resolution No. 633-81 authorizin he City Clerk to advertise for bids on Project No. 6330 J 8150 Traffi Signal Modification at 14th Street and 9th Avenue N. E. Bids to be pened on January 14, 1982 at 11:00 A.M. Ayes (6), Nays (0). Motion arried. E-15 Duffy moved, Solinger second to adopt Resolution No. 634-81 authorizin he City Clerk to advertise for bids on Project CP 8153 SAP 159-116-03 Traffic Signal Modification at 5th Street and 6th Avenue N.W. Bids o be opened on January.14, 1982 at 11:00 A.M. Ayes (6), Nays (0). lotion carried. E-16:? Solinger moved, Powers second to adopt Resolution No. 635-81 and 636- 1 declaring the costs to be assessed and order a hearing to be.held n March' 1, 1982 on New Sidewalk Project No. 3-1980 J 8736. Ayes (6), Nays (0). Motion carried. E-18 uffy moved, Powers.second to adopt Resolution No. 637-81 amending ara.142, to Section B, No Parking Zones to read: 6th Avenue S. W. on he West side from 2nd St. to 1st St. at all times. Ayes (6),Nays(0). + - carried, • _ 1662 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 7; 1981 Agenda Item E-19 E-20 E-21 E-22 E-23 E-24 E-25 E-26 E-27 Duffy moved, Bluhm second to adopt Resolution No. 638-81 adding para. (16) to Section B of the No Parking Zones,as -follows: West Center St. on the north side, from 6th Avenue to a point 200 feet more or less west of 6th Avenue ,. between the hours of 7:00 A.M. and 3:00 P.M. on school days only. Ayes (6), Nays (0)..Motion carried. Bluhm moved, Allen second to adopt Resolution No. 639-81 deleting para (9), (14) (14.5).and (22.5) of Sec. D Truck Loading Zones. Ayes (6), Nays (0). Motion carried. Duffy moved, Bluhm second to adopt.Resolution No. 640-81 deleting paragraph (4) of Section H, Limited Parking Zones and Adding Para. (12) to Section J, Passenger and Commodity Loading Zones to read: (12) 4th Street S. W. on the.south side from a point 96 feet more or less west of 6th Avenue to a point 226 feet more or less west of 6th Avenue (8 stalls ).Ayes (6), Nays (0). Motion carried. Bluhm moved, Powers second to adopt Resolution No. 641-81 approving th Cooperative Agreement for Traffic Signal on 37th St. N. W. @ East Frontage Road T.H. 52 This is for construction and maintenance between the City of Rochester, Olmsted County and the State of Minnesota. Ayes (6), Nays (0)..Motion carried. Powers moved, Allen second to adopt Resolution No. 642-81 approving th Final Plan for Improvements to 37th Street N. W. and T.H. 52 to accomodate an entrance to the proposed Target Store. ',The developer agrees to pay the cost of the roadway charges. Ayes (6), Nays (0). Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 643-81 approving the 1982 contract with Rochester City Lines and authorizing the Mayors signature and the City Clerk to execute the contract. Ayes (6), Nays (0). Motion carried. Powers moved, Bluhm moved, to adopt Resolution No. 644-81 approving thl 1982 ZIPS Dial -A -Ride contract with Rochester Transportation Systems and authorizing the Mayor and City Clerk to execute the agreement. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger:_.second to adopt Resolution No. 645-81 the 1982 contract with Olmsted County for local funding of the A -Ride and authorizing the Mayor.and City Clerk to execute the contract. Ayes (6), Nays (0). Motion carried. approvin ZIPS Di 1- llen moved, Solinger second to adopt Resolution No. 646-81 approving he CY 1982 State Transit Assistance Contract. Ayes (6), Nays (0). otion carried. E-28 Bluhm moved, Allen second to adopt Resolution No. 647-81 approving Supplemental Agreement No. 1 with Doyle Conner Company in the amount f $5,162.71 for Sidewalk Project No. 2-1981 J 8755. This is to provid( for additional quantities not included in the original contract. Ayes (6), Nays (0). Motion carried. I `1 J 11 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1683 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 7, 1981 Agenda Item E-29 Bluhm moved, Solinger second to adopt Resolution No. 648-81 approving Supplemental -Agreement No. 3.with Road Constructors, Inc. for Project No. 6303-4-80 J 8728 in.the amount of $17,775.00. Ayes (6); Nays (0). Motion carried. E-30 Solinger moved, Bluhm second to approve the transfer the the Off -Sale Liquor license from its'present location at 21 Second St. S. E. to the -new Target Store Shopping Center. Ayes (6), Nays (0). Motion carried. E-31 Duffy moved, Allen second to approve the recommended increases in license fees renewable in Jnauary and April. The City Attorney is instructed to prepare:an Ordinance for adoption. Ayes (6), Nays (0). Motion carried. E-32 Powers moved, Allen second to approve .the following licenses and bonds: Application for a Dance License for LeBistro Cafe at 416 South Broadwa Riverside Garden at 400 South.Broadway. Application for Cigarette License received from Riverside Garden at 400 South Broadway and Application to hold an auction on December 5 and.6 and 19 and 20 recieved.from Guy Chitwood Hi--Fi- Kenny's at 626 First Ave. S. W. Ayes (6), Nays (0). Motion carried. F-1 Allen moved, Bluhm second to adopt Resolution No. 649-81 approving a Supplemental Agreement No. 1 -("IBM Electric Service Agreement) to reduce monthly contract demand.amount to conform to historical experie Ayes (6), Nays (0). Motion carried. F-1 Powers moved, Allen second to approve Resolution No. 650-81 approving a resoluti.on of the Public Utility Board with HDR Inc. and Touche Ross and Company to proceed with Phase I implementation of recommendations contained in the District Heating and Cooling Study not to exceed $30,000.00. Ayes (6), Nays (0). Motion carried. F-1 An.Ordinance Relating to Traffic and Parking Regulations; prohibiting the Parking or stopping of vehicles in certain locations amending Rochester Code of Ordinances; Sec. 134.10 was given its second reading Duffy moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Solinger moved, Bluhm second to adopt Resolution No. 651-81 approving n Assessment Agreement between the City and Meadow Hills Inc. and Bouquet Brothers for Sewer and Water extensi,onnin Golden Hill. Ayes (6), Nays (0). Motion carried. F-1 31uhm.moved, Duffy second to adopt Resolution.,No. 652-81 approving he conveyances by the.Housing and Redevelopment Authority to the City f Rochester.of a watermain easement in Campustown Subdivision. yes (6), Nays (0):.Motion.carried..Bluhm moved, Duffy second to adopt Resolution No. 653-81 approving an.Owner-Contract with Rochester RA for Construction of Watermain to serve the Authority's proposed lousing project in Campus Green Sub. Ayes (6), Nays (0). Motion carrie ice. 1664 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 G-1 G-2 A-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 7, 1981 Powers moved, Solinger second to adopt Resolution No. 654-81 approvin an Owner contract between the.City and Wallace, Holland, Kastler and Schmitz and Company and Fraser Construction Company for Construct of watermain extension along west side of TH 63 to serve their property. Ayes (6)1, Nays (0). Motion carried. Powers moved, Bluhm second to remove the Traffic Controls at West Center and Broadway from the table. Ayes (6), Nays (0). Motion carried. Duffy moved, Allen second to adopt Resolution No. 655-81 adding the following paragraphs to the Comprehensive Parking Resoluti Section B: No Parking Zones (15.5) West -Center Street on the south side of the street from Broadway to 112 block west during the hours o 3:30 - 5:30 P.M. (,Monday to Friday ) Section C Special Parking Zones 0.5) West Center Street on the south side of the street from Broadw to 1j2 block west; reserved for patrons of Michaels Restaurant during the hours of 6:00 A.M. to 3:30 P.M. and 5:30 P.M. to 2:00 A.M. and Modify the following sections to read: (6 ) West Center Street on the north side of the street from Broadway to 1st Avenue West and on the south side from 1st Avenue to 112 block east and Section I: Parking Meters (Zone D - 60 minute) (4) West.Center on the North side of the street from Broadway to 1st Avenue West and on the south side from 1st Ave. to 112 block east. Ayes (6), Nays (0). Motion carried. Allen moved, Powers second to remove the Supplemental Agreement No. 1 for Project No. 7503-6-78 Bike Path on South Broadway from the table. Ayes (6), Nays (0). Motion carried. Allen moved, Bluhm second to adopt Resolution No. 656-81 approving the Supplemental Agreement in the amount of $3,895.74.- Ayes (6), Nays (0). Motion carried. Having no further business, Solinger moved, Powers second to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. President Postier called the meeting to order at 7:30 P.M. the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None., A Hearing on the Tax Emempt Financing for the Time Square Project. Having.no one present that wished to be heard, President Postier closed the hearing.. Duffy moved, Bluhm second to adopt Resolution No. 657-81 granting the requested .Industrial Development bond financini in the amount of $800,000 for the proposed Time Square Project. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on the Application for Planned Unit Development ( Concept Statement ) on 12.79 acres of vacant Land lying North of the Hoffman House -Midway Motor Lodge Complex to be known as Barclay Square. Wishii to be heard was Richard V. Ehrick, Attorney on behalf of the American Developers of the Project. He explained the project and presented Herb Schneider and Paul Pink. Mr. Schneider gave a visual presentation of the project. Mr. Ehrick stated that this piece of property was L7 I RECORD OF OFFICIAL PROCEEDINGS OF THE' COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 7, 1981 Agenda Item B-2 qot suitable for R-1 and should be considered at this time for evelopment. He stated that many jobs could be created both in uilding this and when it'is built. Wishing to be heard was George aihly of 1805 Salem Road S. W. and thinks this is a good project in Rochester and is in favor of this. Wishing to be heard was Ms. lice Hoffman of 2525 Hillside Lane. She is opposed to the project. She stated that the citizens traffic.study is available for the Counci 0 observe and it states that traffic would become a problem should his project be left to proceed. She also questioned the reconstructs f the bridge and the priority of the State during the money crunch. She also mentioned -the possible problem of parking of Barclay and if it would be sufficient. Wishing to be heard was Richard Bins who ade a statement of Downtown Tomorrow. He expressed concerns about evelopment of downtown if a project such as this would proceed. He as also concerned about the traffic in the area.. Wishing to be heard as Mr. Richard Ehrick and stated that Ms. Hoffman's concern about traffic was studied by a'firm of Barton Ashman of Minneapolis and they stated that during peak hours, the road could handle the traffic. the arking concern at Barclay was more then sufficient and met the code nd the holding pond as established by Barclay and Mr. Baihly was just a holding pond for an hour after a major rain storm, it was by o means a pond. Mr. Ehrick stated that he"has been on the Downtown evelopment District board and will continue to support the downtown, owever this project needs no help from the City and no tax increment t all. Having no one else present that wished to be heard, President ostier closed the hearing. Strain moved, Solinger second to approve he Project listing items No. 2-12 as listed on.the Request for'Counci ction. Alderman Duffy stated that he would like to amend the motion o approve the project with items No. 2-12 as listed No. 2. Access o site from Greenview Dr. S. W.; 3. Submit drainage plan and calculat. ons prior to final plan, 4. Submit soil engineering report with trading plans; 5. CSAH 8 right-of-way and access control reimbursement o County; 6,. Relocate west frontage road connection to opposite of reenview Drive S. W.; 7. Reconstruct median between Greenview Dr. nd 16th Street S. W. 8. Extend frontage road on west side of CSAH 8 to connect existing frontage road; 9. Close existing frontage road pening to CSAH 8 near Highway 52; 10. Close median opening on CSAH opposite existing frontage road connection; 11. Install signals where necessary and construct turn lanes at entrance to proposal; 2. Secure contract prior to final plat -with City to construct public atermain. Alderman Duffy also included in the above amendment that e would like to see a financial disclosure and track record including ome similar locations and the methods of financing spelled out pecifically on this project before this returns in the preliminary lan. This was second by Alderman Bluhm. The -amended motion was . oted on Ayes (6), Nays (1). Alderman Solinger voting nay. The r.iginal motion was voted on Ayes (7), Nays (0). Motion carried. B-3 Hearing on the Application for Planned Unit Development (Final Plan) ocated at 8th Avenue and 12th'Street S. E. known as Colonel Sanders -16PS5 entucky Fried Chicken. Wishing to be heard was Vince Majerus owner :1686 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item 1W [., ME Adjourned Meeting No. 19 - December 7, 1981 and urged the Council to approve this. Wishing to be heard was Dick Wilstermann of 1115 8th Avenue S. E- and is opposed to this. He is representing the neighbors and they are opposed to this also. He wants him to keep traffic off the Avenue. Having no one else present that wished to be heard, President Postier closed the hearing Powers moved, Bluhm second to approve the project and instruct the City Attorney to prepare an. Ordinance for adoption. Resolution No. 658-81 states such action. This motion included the recommendation by the Public Services Department that the parking along the west side of 8th Avenue S. E. be removed the full length of the PUD fronts and the traffic visibility zone at the corner must be kept clear of any obstructions taller than 30". byes (6) Nays (1). Alderman Strain voting nay. Motion carried. A Hearing on the Application for a Planned Uniit.Development ( Final Plan ) for Riverbend Townhouses located at 101 6th Avenue S. E. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second.to adopt Resolution No. 659-81 approving the project subject to the removal of trash enclosures from the alley and Improve the alley as part of the project. Ayes (7), Nays (0). Motion carried. A Hearing on the Application for Planned Unit Development ( Concept Statement ) on 3.6 Acres located at loth Street S. E. to be known as Southgate Circle. Wi.shing to be heard was Mark Hutton speaking for Lowell Penz and was present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to approve the application . Ayes (7), Nays (0). Motion carried. A Hearing on the Application for Planned Unit Development ( Final Plai for the IBM Mid America.Employees Credit Union located at 1700 North Broadway. Wishing to be heard was Bill Meschke 1902 South Broadway representing the parties involved. He urged the Council to approve this and also requested that the suspension of the rules be considered by the Council when the Ordinance was given its first reading and could be adopted at this meeting. Having no one else present that wished to be heard, President Postier closed the hearing Solinger moved, Powers second to adopt Resolution NO. 660-81 approvin, the plan. Ayes (7), Nays. (0). Motion carried. 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 1500 First Avenue N. E. Having no one -present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to approve the application. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed amendment to Rochester Code of Ordinances Chapter 64, Planned Unit Development concerning churches, schools and other public buildings. Wishing to be heard was Robert Adams of 1412 4th Avenue N. W. and is opposed to this. Gene Treichel of `1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 687 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 19 -. December 7, 1981 Agenda Item B-8 1515 8 112 Avenue S. E.. urged the Council..to approve the recommendatic of the Planning Commission. Ron Bailey of the Planning Department reminded the Council that this was a plan for all the churchs, etc. not just one. After discussion by the Council Alderman Duffy wanted this plan to be.reworked by the Commission. Duffy moved, Strain second to.table this. Ayes (7), Nays (0). Motion carried. E-17 Powers moved, Solinger second to adopt Resolution No. 661-81 approvin( the following Section B No Parking Zones to add para. 167 as follows: 8th Avenue S. E. on the west side of street from 12th St. S. E. to 100 feet more or less north of 12th St. S. E. at all times. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property creating a Planned Unit Development District known as PUD-B-57 in Lots l,.and 4 Block 1 D.P. Maddens Addition (Kentucky Fried Chicken ) be given its first reading, F-1 An Ordinance Rezoning property and creating a Planned Unit Development known as PUD-13-58 in Haggerty'_s Sub. ( Riverbend Townhouses 101 6th Avenue S. E. ) was given its first reading. F71 An,Ordinance rez)ning property creating a Planned, Unit Development District known alli PUD-B-56 in Lot 4, Block 1, Resubdivision of`Outlot 25 in•Northern Addition plus Lots 1,2,3 Block 3 Huey Reynolds Additior (IBM Credit Union). was given its first reading. Bluhm moved, Powers second to suspend the rules_°and give this 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.w as given its second reading. Allen moved, Duffy second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property amending Ordinance No. 1659 to rezone to B-4 General Business District on Lots 1,4,5, 8,9, 12 and 13 of Block 2 Lieferman Koehnen Sub. (1500 First Ave. N. E. ) was given its first reading. F-1 An Ordinance Relating to Annual License and Permit Fees, Providing for an increase in.Various Fees, Amending R.C.O. 102.03, 125.18 125.32, 126.08'and 126.09 was given its first reading. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Information - 1. Committee of the Whole Minutes for 11-2-81, 11-16=81 and 11-30-81. 2. Assessment Appeal - Rochester Volkswagen , Inc. vs City.of Roch. Ref. to City Attorney's Office. rn