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HomeMy WebLinkAbout04-05-1982RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL¢ CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Adlermen Allen - arrived at 2:05 P.M. B1uhm,..Duffy, Powers, Solinger. Alderman Strain was absent. D-1 Bluhm moved, Powers second to adopt Resolution No. 125-82 referring the request for Extension fo sanitary sewer and watermains to serve incorporated lands in a part of the Southeast Quarter of the South- east quarter of Section 9, Township 107 North, Range 14 West, Rochester, Minnesota ( Said Property is located east of 55th Street Estates, North of 55th Street N. W. and West of the former Town. & Country Imports)to-;our Public Works Department for a feasibility report. Ayes (6); Nays (0). Motion carried. E-1 Alderman Allen arrived (2:05). Powers moved, Bluhm second to adopt Resolution No. 126-82 approvi:ng the City Attorney to commence eminent Domain action to acquire the properties located at 217 219-221 South Broadway Avenue currently owned by Mrs. Barbara Field Hammel and Mrs. Eleanor Field Pine. Discussion was held by the Council. Alderman Duffy thought that the City should not acquire this property by eminent domain when the City has no immediate plans for a project in that area. Ron Manning, Development District-Adm. stated that part of the property is a hole in the ground and should be maintained by the City and the rest of the property could be renovated and the -whole area be converted into a parking area. This property would also be available in the event that any future develop- ment project would be proposed. Alderman Bluhm stated that he would like to see the area cleaned up. Having'no further discussion, vote was taken. Ayes (5), Nays (2). Aldermen Duffy and Allen voting nay. Motion carried. E-2 Allen moved, Powers second to adopt Resolution No. 127-82 modifying documents related. -to the 1976 Hospital Revenue Bonds issued to the Rochester Methodist Hospital. Ayes (6), Nays (0). Alderman Duffy abstained. Motion carried. E-3 Solinger moved, Bluhm second to authorize the staff to negotiate a contract with Great Lakes Insituform to repair the above referenced sanitary sewers by means of the Insi:tuform process. Ayes (7), Nays (0). Motion carried. E-4 Duffy moved, Allen second to approve the request for permission for the WALK AMERICA to be held by the Rochester March of Dimes on Saturday, April 24, 1982 from 9:00 A.M. to 3:00 P.M. Ayes (7), Nays (0). Motion carried. E-5 The Agricultural Agreement between Charles Paulsen and the Airport Company to farm approx. 821 acres at $95.10 per acre and the sum resulting from the computation in # 1 plus one -fifth of any amt. over $2.95 per bushel current price of corn as quoted by the Stewart- ville elevator at the close of business on July 15, 1982 was held over until the April 19, 1982 meeting. FF­ , 17�4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regul.ar Meeting No. 29 - April 5, 1982 Agenda Item E-6 Duffy moved,Solinger second to adopt Resolution No. 128-82 authorizini the Mayor and the City Clerk to execute a contract with McGhie and Betts, Inc. for engineering services on the site preparation project at the Rochester -Municipal Airport.-" -(.-.-Additional T-Hangars.)The total cost of the project including engineering fees is estimated to be $47,000. $15,667. state; $31,330 local. Ayes (7), Nays (0). Motioi carried. .E-7 Powers moved, Bluhm second to adopt Resolution No. 129-82 authorizing the Mayor and City Clerk to execute the contract with Miller-Dunwiddi( Architects, Inc. for the 1982 Terminal Building Roofing and Fire Protection Watermain Project at the Rochester Municipal Airport. Total estimated cost of the project is $90,490.00 . Ayes (7), Nays (0). Motion carried. E-8 Bluhm moved, Duffy second to adopt Resolution No. 130-82 authorizing the Mayor and the City Clerk to execute a contract with Air Terminal Parking Company to increase the parking fees at the Rochester Municipal Airport as follows: 0-112 hr. $.50 ; Each add'1 hr. $.50; Maximum 24 hours $3.00. This is effective April 6, 1982. Ayes (7), Nays (0). Motion carried. E-9 Powers moved, Duffy second to approve the following licenses and bondE Application for a Temporary On -Sale Non -Intoxicating Beer license received from Betty Jean Shigaili Director of the Rochester Art Center for the Rochester Art Festival on June 6, 1982. Application received from St. Pius Catholic Church on ,May 1, 1982 to be held in the Gym and Roncolli Hall. Application received from Richard Moore of the VFW Post for sales on June 24 thru June 26 at the Olmsted County Fair Grounds in Building 35: Application for a Single Dance License received from David Starkson for April 30, 1982 in the Social Hall at 405 112 So. Broadway ( Annual Spring Dance). Application for an Annual Gambling License received from the VFW Post 429.They requested the Council waive the requirement for a $10,000. bond: Aplication for an Auctioneer's License received from Bob J. Waltman of P.O. Box N 125 2nd Avenue S. E. Elgin, Minnesota. He submitted his bond in the amount of $;-500.00-. Application for an Auctioneer's License received from Ellsworth S. Ll.oyd of 412 27th St. N. E. A bond in the amount of $500.00 has been.;submitted. Appli- cation has been submitted for an Auction Permit received from Garry Nordstrom of 1116 9th St. N. E. for an auction of Furniture and Household (liquidated) to be held on March 27 and 28, 1982. A Bond in the amount of $1,000. has been submitted. Application received from Fraser Construction Company for permission to move a large garage from 1621 2nd St. S. W. to Rochester Township. Date for moving was April 1, 1982. Application received for Heating Ventilating and Air Conditioning- Master Installer from G. Richard Palen of 1473 Summi Avenue St. Paul, Mn. Application requested for Sign Maintenance License from Poblocki and Sons Co. of 620 South First St. Milwaukee, Wis. A bond. in the amount of $1,p00. has been s�bmit B d.Application ga Auctioneer s License received from arro 11 �L 5 8reenviEw Dr. Roch. Mn. A Bond will be submitted. Application or a Singgle Gambling Li ense received from Dr. Jasper Dagbe for DFL bar f� tae9n Ra r�C1 rk atr, ck OwLa:�3l�s � did' NAp �.. �t$t�9fldia� i ved from y an uction _. o. Auto's etc.. at 5515- Hwy 52 Ni Ayes (7)*, Nays (0), Motion 'carried. I I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item E-10 Powers moved, Allen second to approve the following licenses and bonds Bowling Alley - Colonial Lanes, 1828 14th St. N. W., Recreation Lanes 2810 No. Broadway and Tropic Bowl 430 Fifth Ave.-S.-E. On -Sale Intoxicatin Liquor - Blondell Motel Crazy Horse Lounge - Bond Transamerica, Inc. Co. $3,000.00, Hollywood. Bar. - Bond Western Surety Company $3,000.00, CMZ, Inc. DBA Bank Restaurant - Bond State Surety Insurance Company $3,000.00, Clinic View Motel - Bond State Surety Company $3,000.00,.Golden George's = Bond - Not yet submitted, Gulliver's, Inc. - Bond Western Surety Company $3,000.00, Dooley's - Bond Transamerica Insurance Company $3,000.00, Olde Heidelberg, Inc. - Bacchus Lounge - Bond $3,000.00 Western Surety Company, Skyways of Rochester, Inc. -:Bond $3,000.00 Great American Insurance Company, Rochester Investment Company (Hoffman House) Bond - The American Ins. Company, $3,000.00, Michaels Supper Club - The Travelers Indemnity Company, $3,000.00, JSR, Inc. Ground Round Restaurant - Bond - The American Ins. Company $3,000.00, Sonor Hotel Corp. Holiday Inn South Bond - Western Surety Company $3,000.00, The Kahler Hotel - Bond - he Fidelity and Casualty Co. of.New York $3,000.00, Sir John Barley Corn - Bond - Hartford Accident and Indemnity Co. $3,000.00, Tropic Bowl - Bond - St. Paul Fire and Marine Ins. Co. $3,000.00, Holiday Inn Downtown - Bond Fidelity and Deposit Company of Maryland $3,000.00, Carlton Lounge - Bond - The American Ins. Co. $3,000.00, North Star Bar - Bond - Bond Transamerica Ins. Co. $3,000.00' On -Sale Sunday - Bank Restaurant; Golden George's; Dooley's, Inc.; Bacchus Lounge; Skyways Restaurant; Hoffman House;. Denny's Restuarant (Wine); Red Owl Country Store (Wine); Holiday Inn Downtown; Howard Johnson; Blondell otel; American Legion Club;.Broadstreet (Wine); Eagles; Ground Round; oliday Inn South; The Kahler Hotel; Rochester Elks Lodge; Rochester odge Loyal Order of Moose; Sir John Barley Corn; Tropic Bowl; inkler's Restaurant; Max's-Restaurant and Lounge; Peking Restaurant and Lounge; Ramada Inn. All have submitted a $3,000.00 bond. n-Sale Intoxicatin Liquor -Continued, Lantern Lounge - Bond - United ire and Casualty Company 3,.000.00, Pfaff's Bar - Bond - Transamerica Insurance Company $3,000.00, Max's Restaurant and Lounge - Bond - estern Surety Company $3,000.00, Peking Restaurant and Lounge - Bond apitol Indemnity Corporation $3,000.00, Ramada Inn - Bond - St. Paul ire and Marine Insurance Company $3,000.00, Tinkler's Restaurant - ond — State Surety Company $3,000.00. Dance License —Hollywood Bar; ooley's, Inc.; Fraternal Order of Eagles Aerie No. 2228, Inc.; arlton Lounge; Hoffman House; Holiday Inn Downtown; The Kahler Hotel; ochester Lodge.- Loyal Order of Moose; Rochester Elks Lodge; Tropic owl; VFW Club; Pfaff's Bar; Ramada Inn': On Sale 3:2 Beer License - oe's Sandwich Emporium (2); Waldo's Pizza Joint; Soldiers Field Club ouse (Alpine Super Chef); Denny's Restaurant #1368; Godfather's izza; Bob's 63 Club; 2nd Street Deli; Recreation Lanes: Casa Zamora estaurant; The Ke.g; Pizza Villa; Spa Tavern; Nick's Ribs & Other ood Things, Inc.; The Pub; Hardy's Barb-B-Que; Arthur -Hotel -The atery, Inc.; Colonial Lanes; Mac's Restaurant; Richards Roost; Pizza ut Restaurant; Mr. Pizza, Inc.; Shakey's Pizza Parlor East Side Inn; �ed Owl Country Store and Restaurant; Eastwood Golf Course Food oncession; Bob's Club Two. I7 17 36 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item E-10 Off Sale 3:2 Beer License - Pantry Grocery; Soldiers Field Golf Course Alpine Super Chef, Inc.); Bob's 63 Club; Bob's Club Two; Golden George's; Northwest Foods #1; Northwest Foods #2; The Keg; Barlow Foods; Recreation Lanes; Spa_ Tavern; Food Bonanza; Jack's IGA (2); The Pub; Hardy's; Piggly Wiggly; EZ Stop Superette; Colonial Lanes; Happy Dan Store; Mr. Pizza, Inc.; Tropic Bowl; Just Rite Supermarket; East Side Inn; Wirth Food Center; Erdman Supermarket (3) Red Owl Country Store and Restaurant; Red Owl Stores, Inc. (Miracle Mile Shopping Center); Snyder Drug Stores (2); Sunny Market; The Bait Box; Eastwood Golf Course Food Concession. Cigarette License - Ability Building Center; Adamson Motors; AFL/CIO Labor Club; Al's Standard; Alpek; American Legion Club; Andy's Liquor Inc.; Apache Standard.; B & F_Distributing, I.nc.; Bacchus Lounge; Bait Box; Bank Restaurant;.Barlow Foods; Bernard's Soup and Sandwich Restaurant; Best Western -Fifth Avenue Motel; Beverly/Colonial Motel; Big Four Motor Mart, Inc.; Bilotti's; Blondell Motel; Bob's 63 Club; Bob's Club Two; Bonanza Sirloin Pit; Bridgeman Ice Cream; Broadway Cafe; Brown's Broadway Liquor Supply; Broadway Standard; Carlton Lounge; Carlton Manor Hotel; Campbell Hotel; Camelot Apartments; Carter's of Rochester; Casa Zamora Catco; Center Towne Travel Inn; Chalet Deli; City Hall (2); Clark Super 100 (2); Clements Chevrolet Company; Cole Thomas LTD; Colonial Lanes; Connolly Downtown Motel; Cosmetology Training Center; Country Kitchen South; Olmsted County Courthouse; Crenlo, Inc. #1; Crenlo, Inc. #2; Daly Liquor, Inc.; Daly's Silver Lake 66; Darrell's Restaurant; Dayton's Employee Lunchroom; Dayton's Bubb ling Kettle; Deluxe Liquor; Denny's Restaurant; Dison's; Dooley's, Inc.; The.Dorm; Doyle Conner Company; Eagle Drug; East Side Inn; Eastwood Golf Course Snack Bar; The Embers; F.W. Woolworth Company (2); Fabric.Care Center; Fas Gas; Fire & Safety, Inc.; Flowers by Jerry Midway; Food Bonanza; Fraternal Order of Eagles #2228; Galaxie Motel; Godfather's Pizza; Golden George's; Gopher Liquor Store; Grandma's Kitchen; Green Parrot Cafe; Greenway Coop #3; Greenway Coop.#1; Ground Round Restaurant; Gulliver's; Happy Dan Store; Happy Dan Spur Station; Hardy's Barbeque; Cole Thomas Ltd.; Hardee's Restaurant; Haskell's, Inc.; Highway Host Lodge; Hillcrest Dodge; Hillcrest Hardware; Hillcrest Liquor, Inc.; Hillcrest Skelly; Hoffman House; Holiday Inn Downtown (2); Hollywood Bar; Huey's Cigar Store; Huey's Liquor Store, Inc.; Holiday Inn South; Holiday Stationstore #19; Holiday Station - store #178; Hotel Martin; Hunt Silver Lake Drug Store; Hy-Vee Food Store; IBM Credit Union; I.F.C. Aviation; Inn Towne.Motel; ITT Continental Baking Company; F.K.G./Imperial Service Station; DJ's Unlimited; J.C. Penney Automotive Center; J.C. Penney's Main Store; Jack's IGA (2); Jack.'s. Mobil Oil; Jensen Standard Service; Jerry's Southside Skelly.; Jim's Original Food; Jim's Standard; Joe's Liquor Store; Bill Johnke Auto; Just Rite Supermart; KTTC Television, Inc.; The Kahler Hotel; The Keg; Kinsella's AMC/Jeep; K Mart #3581; K Mart #4351; KROC Radio; Kwik Trip #6, Inc.; Kwik Trip #752, Inc.; Lantern Lounge; Larson's Standard; Law Enforcement Center; Look Nook; Mac's Restaurant; Marigold Foods Lunchroom; Marigold Foods Basement (2); Mayo Clinic Medical Science Building; Mayo Clinic Subway Newstand; Michaels Restaurant; I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1737 CITY OF ROCHESTER, MINNESOTA Regular Meeti'nq No. 29 - April 5, 1982 Agenda Item E-10 Mico Oil Company, Inc.; ., Miracle Mile Mini Mall; Miracle Mile Laundromat.;. Mister Donut; Montgomery Ward's; Motel 6; Mr. Pizza, inc.; Nick's Ribs; Northgate Liquor Store; North Star Bar (2); Northwest Foods #1; Northwest Foods #2; Northwestern Bell Telephone; 100 First Avenue Building; Octopus Car Wash; Olympic Village; Osco Drug #864; Osco Drug #801; Perkin's Cake and Steak North; Perkin's Cake and Steak South; PJ's Emporium; Parker Hotel; Peking Lounge; Pepsi Cola; Pfaff's Bar; Piggy Wiggly; Pizza Hut; Plaza Internationale Motel; Point After Bar; The Pub; Ramada Inn (2); Ray Mar Motel; Recreation Lanes; Country Store; Red Owl Stores, Inc.; Richards Roost; Road Star Inn; Rochester Area Vo-Tech Institute; Rochester Community College; Rochester Elks Lodge #1091; Rochester Lodge #2128 Loyal Order of Moose; Rochester Methodist Hospital Clara Madsen Hall; Rochester Methodist Hospital ADDU Unit; Rochester Post Bulletin; Rochester Public Utilities Power Plant; Rochester State Bank; Rochester Volkswagon; Ruffalo Drugs, Eastwood; Ruffalo Drugs, Inc.; Sears, Roebuck and Company; Seneca Foods Corporation; Seven -Up Bottling Company; Shakey's Pizza Parlor; Sheppard's Grocery; Sinclair #225043; Sinclair Station (2) Skyways of Rochester, Inc.; Skyways Restaurant; Soldiers Field Fourth Street Motel; Soldiers Field Motel; Snyder's Drug Store (2); Spa Tavern; Sunny Market; Superamerica #36; Superamerica #37; Super 8; Telex Communications; Tinklers Restaurant;. Tom's Pontiac; Tropic Bowl; Twins Motel; Universal Ford Company; University of Minnesota Rochester Center; Union Bus Depot; VFW Club; Valhalla Liquor Dealers; Valhalla Standard; Viking Liquors; Viking Oldsmobile; Virgils, Inc.; Wade's Broiler; Water's Instruments; Weber and Judd Company (2); Western Food Store; Wirth Food Center; Woodrow Service; Wong's Cafe; Zumbro Hotel; Zumbro Valley Ment W Health Center. 1738 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item Please go to Page 1739 for Items following E-10 8, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 17309 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item E-12 Bluhm moved, Allen second to adopt Resolution No. 131-82 approving the Contingency Transfers ( list attached ). These would be effective December 31, 1981. Ayes (7), Nays (0). Motion carried. E-13 Powers moved, Solinger second to adopt Resolution No. 132-82 authorizing the City Clerk to advertise for bids on a Van or Wagon for the Engineering Division of the Public Services Dept.Bids;to be -opened at 11:00 A.M. on April 15, 1982. Ayes (7), Nays (0). Motion carried. E-14 Bluhm moved, Allen second to adopt Resolution No. 133-82 awarding the low bid of $12,820.05 for three Traffic Controllers and cabinets for the Traffic Engineers Division of the Public Services Dept. to, -,Brown Traffic. Ayes (7), Nays (0). Motion Carried. E-15 Powers moved, Bluhm second to adopt Resolution No. 134-82 accepting the low bid of Rochester Sand and Gravel on all items listed for the season's supply of plant mixed bituminous for the Street and Alley Division. Total cost on estimated quantities i.s $139,268.00. Ayes (7), Nays (0). Motion carried. E-17 Bluhm moved, Solinger second to adopt Resolution No. 135-82 accepting the low bid of Rochester Sand and Gravel for Washed Sand at Pit $2.68 per cu. yd. and delivered $4.18 cu yd.; Shamrock Enterprises for Pit Run gravel $1.25 per cu.yd. Delivered $3.25, 3/4 " crushed rock quarry $3.25 cu yd., delivered $5.35, 4" to 6" oversize rock quarry $3.05 cu yd. and delivered $5.15 cu. yd. Quarve - Anderson for 1/4" Rock sealing chips pit $4.50 cu yd., delivered $6.75 per cu. yd. Ayes (7), Nays (0). Motion.carM ed. E-18 Solinger moved, Bluhm second to adopt Resolution No. 136-82 setting a hearing date for May 17, 1982 on the Petition to vacate the Northerl Six inches of the Right -of -Way of 14th St. N.E. as it abuts the Easterly 40 Feet of Lot 1, Block 1 Buena Vista First Subdivision. Ayes (7), Nays (0). Motion carried. E-19 Duffy moved, Allen second to approve the Application for Preliminary Plat of Meadow Hills located East of Highway 52 at 25th Street S. W. subject to the following: 1. Rename Fifth Avenue ; 2. Extend Utility easement along Fifth Avenue ; 3. Extend Watermain to 25th Street ; 4. Adjust right-of-way on Fifth Avenue; 5. Provide temporary turn-arounds at dead end streets. Ayes (7), Nays (0). Motion carried 1740 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29- April 5, 1982 Agenda Item E-20 E-21 E-22 E-23 E-24 Duffy moved, Allen second to table the request for Preliminary Plan of Southgate Circle Planned Unit Development located at loth Street S.E. Mark Puttnum, representing Lowell Penz of the Homes of Harmony stated they did alter the design. Aldermen still had more questions so the tabling motion was presented. This will be taken to the Committee of the Whole for further discussion. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 137-82 approving the Application for the Conveyance of Unpla tted Land by Weber and Barlow Stores, Inc. , Section 34 of Cascade Township. (1.21 Acres is the former railroad ROW on the west side of llth Ave. N. W. adjacent on the north to the Barlow Plaza.Shopping Center Ayes (6), Nays (0). Alderman Allen abstained. Motion carried. Duffy moved, Bluhm second to approve the Preliminary Plat located at 40th Street N. W. and Highway 63 to be known as Viking Hills Subdivision subject to the extension would be granted for six months. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 138-82 amending the Comprehensive Parking Resolution as follows: 1. Section B: No Parking Zones - Remove paragraph (15.5) West Center St. on the south side from Broadway to 112 Block west during the hours of 3:30 to 5:30 P.M. Monday thru Friday . Add Paragraph (15.6) West Center Street on the north side from Broadway to one-half block West, at all times. C. Amend Paragraph (1.5) Section C, Special Parking Zones to read: (1. 5) West Center Street on the south side from Broadway to 1st Avenue; reserved for the patrons of Michaels Restaurant, at all times. D. Amend Paragraph (6) of Section H, Limited Parking Zones, to read: (6) West Center Street on the north side from 1st Avenue to 112 Block east. E. Amend Paragraph (4) of Section I, Parking Meters, to read: (4) West Center Street on the north side from 1st Avenue to 112 Block east. F. Amend Paragraph (1.5) South Broadway on the west side from West Center to 1st St. South ( Michaels Restaurant ), 1 minute limit. This is Passenger Loading Zones. Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 139-82 and 140- 82 declaring the cost to be assessed and ordering a hearing on the following Project. 7910 ( J 8701) Grading and Surfacing, Curb and Gutter, Watermain, Sanitary Sewer , Storm Sewer and laterals in 30th Avenue N. W. from Valleyhigh Drive N. W. to 25th St. N. W. Hearing will be held on May 3, 1982. Ayes (7), Nays (0). Motion carried. E-25 Solinger moved, Allen second to adopt Resolution No. 141-82 approving Supplemental Agreement No. 3 for Project No. 7903-1-79 ( J 8687) with Rochester Sand and Gravel, Inc. in the amount not to exceed $1,299.40. Ayes (7), Nays (0). Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1741 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item E-26 Powers moved, Bluhm second to adopt Resolution No. 142-82 approving the reclassification of the properties 'the :Ci ty:,needs to:.acgdi re. These are tax forfeited lands in the City. The City would acquire the following land: Morse and Sargeant's = W 1/2 Lots 8 & 9 and 12, Block 31 and Northern Heights - Lot 23 less Com. at common cor. Lot 16 and 23 th Nally 72.82 Ft., th SW 47.73 Ft. Th SE 55 Ft. to Beg. Block 1. Ayes (7), Nays (0). Motion carried. F=1 Allen moved, Powers second to adopt Resolution No. 143-82 approving an Assessment Agreement with the City of Rochester and Meadow Hills, Inc. and Bouquet Brothers for 433 foot extension of sanitary sewer on west side of TH 63 North of 25th Street S. W. J 8752. Ayes (7), Nays (0). Motion carried.. F-1 Bluhm moved, Allen second to adopt Resolution No. 144-82 approving an Owner- Contract with Dashow Property in Villa Meadows Subdivision Lying South of 17th Street S. E. This is for Basic Construction. Ayes (7), Nays (0). Motion carried, Having no further business, Bluhm moved, Duffy second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried. A-1 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. Asbent:: None. B-1 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 Pastor Larry Cross of Resurrection Lutheran Church on 14th St. N. W. Pastor Cross summarized the history of the problems that his church had in dealing with the zoning problems. He wanted to clarify a few things as follows: 1. The church did not seek the zone change to qualify for commercial prices for its property. It was appraised by two professional real estate appraisers in 1975 and 1978. He stated that the churches do have rights and obligations toward the value of the church property and the right to maintain its value. He state( that a Planned Unit Development accomplishes the protection of the neighborhood from undesirable establishments to be located in the area. He stated currently four churches are for sale in the City. The 4% restriction in the present Planned Unit Dvelopment Ordinance is not feasible when trying,to market a church building. He urged the Council to vote for this concept.. Pastor Cross asked all those in .favor of the Amendment to stand. Approximately 100 people stood in favor. Wishing to be heard was Lincoln Parker, of the Evengelical Free Church on llth. He was in favor of the Planned Unit Concept for dea-14ng with the sale of churches. He felt that this would be a gain for,the neighborhood and the churches. Wishing to be heard was Dr. Joe Rueben of 840 4th St. N. W. He represented the ,-n6i;ghborhood near N. W. - Viking Village S. E. and S.W. and is opposed to this change in order to protect the neighborhoods. Wishing to be heard was,Tracey Blanchan of 307 14th S.W. He is opposed to this change. r :1%42 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 Agenda Item B-1 Wishing to be heard was Robert Adams of 1412 4th Avenue N. W. and was opposed to this amendment. He presented a map showing the location of'the'churches in Rochester. He stated changes would affect all of them if they were for sale at present or in the future. Wishing to be heard was Jim Murray of 510 15th St. N.W. and is opposed to any changes. He stated that this is an R-1 zone and the neighbors want to protect this zone. Wishing to be heard was Pastor Larry Cross. Pastor Cross stated that the congregation has made every attempt to find a use that would be beneficial to the church and the neighborhood. He stated that he believed the PUD concept was a workable ( even tho 4% floor ratio would not be ) use. Wishing to be heard was Henry Hedin, Candidate for the 6th Ward Al.derman and represented the neighborhoods in -:the area. He was opposed to this change. Having no one else present that wished to be heard, President Postier closed the heariln.g. Alderman Bluhm commented that the churches do have a problem and'they aren't asking commercial prices. He is in favor of supporting a Planned Unit Development taking each case as they exist individually. He stated th a Planned Unit Development can dictate the uses. The Council would have full control -Alderman Duffy stated,that he has reversed his thinking on this matter and does think that the church as a point in trying to market their property. He complemented the people that approached him on behalf of Resurrection Lutheran Church. Alderman Strain stated that the Council has_z4% to go on (floor ratio) and wondered i:f this property was considered for residential use..(units). Alderman Solinger stated that he favored the idea that each church present a PUD on their own merit and the Council could make a decision on them as an individual item. Alderman Powers stated that he disagreed with Alderman Bluhm and doesn't th:i.nk schools should be in the same catagory as church buildings. He -stated that some day the Council could be faced with a large-schoo or church to decide the use. Alderman Bluhm stated that the differeni between the church and school building is a church has private people and private donations that give them personal feelings. Public Schools,could be torn down without any individual input as to general feelings. He thinks that the use considered by Resurrection would have less activity than at present':with a church and school. Having no more discussion, Duffy moved, Strain second to deny the Amendment. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Application for Planned Unit Development,'( Final Plan) for Barclay Square. Wishing to be heard was..Richard Ehrick, Attorney representing the applicant. He was present for any question! the Council may have. Having no one present that wished.to be heard President Postier closed the hearing. Strain moved, Powers second to instruct the City Attorney to prepare an Ordinance approving the Application subject to the 11 conditions recommended by .the Planning Staff. 1. Council rezoning site to commercial at the Final Plan', -of PUD ( Council voted on Oct. 8, 1981 4-3 to prepare an ordinance to rezone from R-1 to B-4.)'. 2. Access to the site from Greenview Dr,. S. W.; 3. CSAH 8 Right-of-way and access control reimbursement to t :e i I County; 4. Relocate west frontage road connection to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 17423 C� e Agenda Item : i B-3 : CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - April 5, 1982 opposite of Greenview Drive S. W.; 5. Reconstruct median between Greenview Drive and 16th St. S. W.; 6. Extend frontage road on West side of CSAH to connect existing frontage road; 7. Close existing frontage road opening to CSAH 8 near Highway 52; 8. Close median opening on CSAH 8 opposite existing frontage road connection; 9. Install signals when necessary and construct turn lanes at entrance to proposal; 10. Secure contract prior to Final Plat with City to construct public watermain: 11. Final Plat is required to any permits being issued. President Postier asked if the Developer is agreeing with these stipulations. He was assured by Mr. Ehrick that they did agree and they would be done. Fred Suhler, Jr. City Attorney questioned the procedure of adopting an ordinance with the conditions being added at the same time. .Council instructed Mr. Suhler and Mr. Ehrick to get together and work out the details. Ayes (7), Nays (0). Motion carried. Res. 144A-82 was adopted. A Hearing on the Amendments to the Currently held valid thoroughfare plan: 1. Change the designation of First Avenue S. W.-N. W. from an Expressway to a Collector street. 2. Change the designation of Firs Avenue S. E.-N.E. from an Expressway to a Local Street. 3. Change the designation of North and South Broadway from a Local street to an Expressway through the CBD. 4. Extend and designate Fifth Street N. W. from North Broadway to Second Avenue N. E. as an Express way. Having no one present that wished to be heard, President Postie closed the hearing. Powers moved, Bluhm second to adopt Resolution No. 145-82 approving the amendments. Ayes (7), Nays (0). Motion Carried. A Hearing on the Application for conditional Use Permit for Fontaine Towers. Having no one present that wished to be heard, President Postier closed the hearing. Alderman Solinger asked the question "If the project could proceed if the City did not give them the 50 foot easement along the river? Roger Plumb, Pulic Works Director stated that he would like to retain at least 20 feet of this. Alder- man Solinger stated that he understood the CUE Committee was consid- ering this area for the river beautification and would hate to see this given up. Fred Suhler, Jr., City Attorney stated that the City owns the property at this time.and we don't have any agreement in writin.gwith the developer pertaining to the conveyance of that property. The condition of this permit basically allows the develop- er,at some future date to put d-housing project in that particular area. Mr. Suhler stated that the Council has to face the issue whethl we need 20-25 or 50 feet at this time to issue the permit. We can control that in the final agreement in conveying the property. Having no further discussion, Duffy moved, Bluhm second to approve the Conditional Use Permit for Fontaine Towers. Ayes (7), Nays (0). Motion carried. A Hearing on the Community Development Block Grant Year VIII Appli- cations. Wishing to be heard was William Shedd President of ARC Olmsted Homestead�Inc. This is an organization for Retarded !r Agenda Item B-5 E-11 E-16 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 29 - Arpil 5, 1982 Citizens. They are':requesting $100,000 in CDBG for another home. Wishing to be heard was Joy Fogarty, President of PORT Board of Directors and she stated that they are faced with renovating or purchasing a building for PORT since the State Hospital closed. The rent has increased and they are requesting $100,000. for support in this project. Wishing to be heard was Walt Bigelow of Ability Building Center and he requested $125,000 for roof replacement on their building. He stated that it leaks, and they don't have the funds to replace the roof. He stated approximately 300 handicapped people are employed at the center. Having no one else that wished to be heard, President Postier stated that the hearing would be continued on the April 19, 1982 meeting and action would be taken at that time. Allen moved, Strain second to approve the Accounts payable (list attached) in the amount of $4,577.574.08. These are semi-monthly. Ayes (7), Nays(0). Motion carried. Duffy moved, Allen second to adopt Resolution No. 146-82 approving the low bid of Ashland -Oil Co. for Medium Cure cutback asphalt and Cationic emulsion at .8134 per gal. and .6279 and L.N. Sickles Co. for Rapid Cure cutback asphalt .9799 per gal: Ayes (7), Nays (0). Motion carried. An Ordinance Regarding the Planned Unit Development for Barclay Square was given its first reading. Having no further business, Strain moved, Allen second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 4 City Clerk Information 4-5-82 I. Letter from Peopl!es:Natural Gas RE: Rate Increase.