HomeMy WebLinkAbout10-04-1982��i3c3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting.No 14 - October 4, 1982
Agenda
Item
A-1
E-1
E-2
E-3
E-4
President Postier called the meeting to order at 2:00 P.M., the
following members being present : President Postier, Aldermen Allen,
Bluhm, Powers, Solinger and Strain. Absent: Alderman Duffy.
Allen moved,Powers second to approve the minutes of the September
7, 8, 20 and 27, 1982 meetings. Ayes (6), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 453-82 calling
for an election on the issuance of General -Obligation Bonds
in the amount of $16,000,000 to finance "Park and Recreation
System Improvements including an Attraction Center" in the amount of
$16,000,000. to finance the "Flood Control Project". This will be
held on November 2, 1982. Ayes (6), Nays (0). Motion carried.
Powers, moved, Strain second to approve Change Order,No. 22 for the
Water Reclamation Plant. This order consists of nine items resulting
in additional costs of $97,237.00 to the overall construction costs.
Ayes (6), Nays (0). Motion carried.
Allen.moved, Solinger second to table the Award of Bids for the
Parking Ramp Management until the evening meeting. Alderman discuss
the various bids and the methods of -the form of the bid proposals
and the financing of each bidder. Wishing to be heard was Bill
Johnson of Multiprizes and he stated that he was not clear if the
bidder was to provide insurance coverage or the City. Representativ
of APCOA and National Garages,.bidders,were present and they stated
that they understood what was included in the bidding process.
Fred Suhler, Jr., City Attorney stated that APCOA was the low bidder
and he would have a hard time to explain why. the Council may want
to rebid. Alderman Solinger wanted to know where the money goes
and more actual figures. Vote -was taken on the motion. Ayes(6),
Nays (0). Motion carried.
Strain moved, Bluhm second to approve the following licenses and bonds
Request for a Single Gambling Licenses received from Northland
Children's Oncology Services, Inc. The raffle will be held in connect-
ion with Fete De Noel on November 6, 1982. Application for an
Auctioneer's License received from Milton F. Andersen of St. Paul,
Minnesota and also an application for an auction permit for Telex
Communications Inc. at 501 First Avenue N. W. for an auction on
October 30, 1982. Required bonds have been submitted. Application
for a 3.2 Non -Intoxicating Malt Liquor license received from
The Academy of Our Lady of Lourdes in connection with the National
Pax Christi Convention on October 9, 1982. This will be held in the
Parish Hall. Request received from KWEB for application of a Single
Dance license at the Mayo Civic Auditorium on September 25, 1982.
Council gave this preliminary approval. Request received from
Rochester Center for Independent Living, Inc. for approval of a
Single Gambling License for permission to hold a raffle on November 15
1982. Request received from H & S Enterprises for approval of their
application for an Annual Dance License for the Peiking Lounge at
L�
10 First Avenue S. E. Application received from The Committee to
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL l$j9.
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 14 - October 4, 1982
Agenda
Item
E-4 Re -Elect Representative Don Frerichs for approval of their applicatio
for a Temporary On -Sale Non -Intoxicating Malt Liquor 3.2 Beer license
.to be held at Building No. 35 at the Olmsted County Fairgrounds on
October 7, 1982. Ayes (6), Nays (0). Motion carried.
E-5 Bluhm moved, Strain second to instruct the City Attorney to prepare
an Ordinance relating to the regulation of Supervision. -and Control
of Sewers; Amending Rochester Code of Ordinances 76.06 to require
the bond amount from $1,000.00 to $3,000.00. Ayes (6), Nays (0).
Motion carried.
E-6 Powers moved, Strain second to approve the semi-monthly Accounts
Payable ( list attached ) in the amount of $773,475.29. Ayes (6),
Nays (0). Motion carried.
E-7 Request for the Application for Planned Unit Development ( Prelminary
Plan ) on 42 acres located North of 26th Avenue N. W. between 4th
Avenue N. W. and the Zumbro River to be known as Riverview West.
Wishing to be heard was Allan Hoffman of 2223 Viking Drive and stated
that the neighbors do not agree that this is the best thing for the
neighborhood. He stated that the developers did work with the neigh-
bors but they think the density is still to high and the Landscaping,
is something they feel should be done in the first phase and the
buffer is not the type the neighbors feel is sufficient. Mark- _.'
u:tnam�of'Builders Land Company, developer spoke to the Council and
stated that he did work with the neighbors and.that since this is
only the preliminary plan some of the.items would be'.included A n the
final -plan. Mr. Putnam also stated that the dedication of Public
Right.of Way could be subject to negotiation at a later date. -Roger
Plumb, Public Services Director stated that the use of Federal High-
way Aid for this project requires that the City offer to pay for the
Right -of -Way. Alderman Solinger stated that he is concerned about
the density of the units. They have worked with the neighbors, but
the density has slowly crept up to the point where it is almost back.
where it was to begin with. He stated that two 8 plexes ( Southern
boundary) were getting close to the boundary line.He thinks more
work should be done by the developers and the neighbors i.n order to
come to a final agreement on this project. Alderman Strain questioner
whether the land that is in the floodway ( East of the Parkway ) shoul
be sold, and if this could be developed at a later date. Alderman
Strain stated that the land is part of the density ( PUD ). Ron
Bailey of the Consolidated Planning and Zoning Department stated that
all the land East of the Parkway is included in the Planned Unit
Development subject to the approved Final Plan. Any -change in the
Final PUD.plan would require an amendment process if any land in
the floodway became developable. Having no more discussion, Strain
moved, Powers second to approve the Zoning Commission's recommendatior
subject to the following conditions: 1. Provide for some means of
safe and direct pedestrian access from the PUD to the east side of the
Parkway. 2. Dedicate 120 foot wide right-of-way for the Parkway.
3. Dedicate the land east of the Pakrway as a public park. 4. Widen
Woneest sRdegefLg��hay0r&t t View Lane to 26 feet and provide parking on
1840 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
E-7
W
E-10
E-11
E-12
E-13
E-14
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 14 - October 4, 1982
5. Provide 16 feet wide minimum width for entrance and exit lanes at
Riverwood Court, Riverview Lane, and Voelker Circle. 6. Maximum
15 foot radius for all cul-de-sac islands. 7. Remove all traffic
control • signs from the PUD documents. 8. Provide drainage and utili
easements where required. 9. Open space pathway north of Zumbro
Drive should be constructed with concrete. 10. Limit number of two-
family houses on west boundary to maximum of six. 11. Provide drainage
study prior to improvement plan approval. 12. Provide Homeowners
Association agreements with final plan. 13. Provide trash re-
ceptacles with screening at four- and eight family homes. Ayes (5),
Nays (1): Alderman Solinger voting nay. Motion carried.
Powers moved, Bluhm second to adopt.Resolution No. 454-82 setting
hearing date to be held on November 1, 1982 to vacate the platted
east -west alley located in said Block 27 of the Original Plat -
Coffman Building block. Ayes (6), Nays (0). Motion carried.
Bluhm moved, Strain second to adopt Resolution No. 455-82 approving
the application for approval of conveyance of unplatted land East
of llth Avenue S. E., south of the Intersection with 20th St. S. E.
Ayes (6), Nays (0). Motion carried.
Solinger moved, Allen second to adopt Resolution No. 455A-82-
establishing a hearing date of October 18, 1982 to consider the 1983
application for State Transit Assistance. Ayes (6), Nays (0). Motion
carried.
Strain moved, Powers second to adopt Resolutions 456-82 and 457-82
ordering the feasibility report and ordering a hearing to be held on
November 1, 1982 on Project No. 8213-J 8797 Sanitary Sewer. -and
Watermain to serve property between.East River Road and T.H. 63 North
and South of 23rd Street N. E. Ayes (6), Nays (0). Motion carried.
Powers moved, Bluhm second to adopt Resolution 458-82 approving
the addition of the following paragraph to Section C " Special
Parking Zones" of the Comprehensive Parking Resolution. (4).
3rd Street N. E. on the north side of the street from North Broadway
to 1st Avenue at all times for Public Utility Vehicles. Ayes (6),
Nays (0). Motion carried.
Allen moved, Strain second to adopt Resolution No. 459-82 amending
the following paragraph to the Comprehensive Parking'Resolution:
1. Amend (198.5) of Section B, No Parking Zones to read:
13th Avenue N. W., on the west side of the street from Center Street
to Kutzky Park. Ayes (6), Nays (0). Motion carried. /
Strain moved, Bluhm second to adopt Resolution No. 460-82 covering
the following parking regulations: 1. Amend Paragraph (194) o
Section B, No Parking Zones - (194) 13th Street N. W., on both sides
from North Broadway to 200' more or less west of North Broadw�y at
all times. ( 194.5) 13th Street N. W., on both sides, from 2nd
Avenue to 3rd Avenue , at all times. ( 201.5) 14th Street N/ W.,
E
n
�J
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1.841
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 14 - October 4, 1982
Agenda
Item
E-14 I on both sides, from 3rd Avenue to 4th Avenue, at all times.Ayes(6 ),
Nays (0). Motion carried.
E-16
Bluhm moved, Strain second to approve the Resolution No. 461-82
awarding the law bid of $418,651.10 to Fraser Construction Company,
Rochester, Minnesota on Project No. 8210 J 8790 Construction of
Underground Public Utilities and Streets in Proposed Fred Schuster
Industrial Park. Ayes (6), Nays (0). Motion carried.
E-17
Bluhm moved, Strain second to adopt Resolution No. 462-82 authorizing
the Mayor and the City Clerk to sign '-:. Project No. 7502-0-82 J 2141
Channel Improvements in Mayo Run from llth Avenue to 13th Avenue S.
E. This is for appraisals of the property and fixtures at 1207 6th
Avenue S. E. The bidder is Property Appraisals, Inc. not to exceed
$300.00. Ayes (6), Nays (0). Motion carried.
E-18
No Action was taken on the request received from USA Today newspaper
to hand out free samples of the newspaper to residents of Rochester.
F-1
An Ordinance Relating to Sewers; Providing for a Bond to persons
licensed to make connections; Amending the Rochester Code of
Ordinances, Section 76.06 was given its first reading.
F-1
An Ordinance Relating to Municipal Parking Lots and Parking Regulat-
ions; Establishing the boundaries thereof and rates for parking
therein; Amending the Rochester Code of Ordinances, Sections 133.01
133.02 and 133.03, Repealing Rochester Code of Ordinances Sections
133.04, 133.05, 133.06 and 133.07 was given its second reading.
Strain moved, Powers Second to adopt the Ordinance as read. Ayes (6)
Nays (0).Motion carried.
F-1 An Ordinance Relating to Sewer Charges; Providing for the method of
computation thereof; amending the Rochester Code of Ordinances
Sections 77.07 and 77.08 was given its second reading. Solinger
moved, Allen second to adopt the Ordinance as read: Ayes (6),
Nays (0). Motion carried.
F-1 An Ordinance Rezoning property previously zoned as PUD-R-61 Amending
the boundaries thereof; amending Ordinance No. 2249 ( Lowell Penz
proeprty ) was given its second reading. This is for Southgate
Circle) Strain moved, Bluhm second to adopt the Ordinance as read.
Ayes (6), Nays (0). Motion carried.
F-1 An Ordinance Rezoning certain property and amending Ordinance No. 16
known as the Zoning Ordinance of the City of Rochester to R-3
Medium Density Residential District ("Property proposed as R.E.M.
site in 1600 block of loth Street S. E. ) was given its second
reading. Strain moved, Bluhm second to adopt the Ordinance as read.
Ayes (6), Nays (0). Motion carried.
F-2 Strain moved, Solinger second to adopt Resolution No. 463-82 authorizing
18442 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No 14 - October 4, 1982
Agenda
Item
F-2 and directing the Mayor and the City Clerk to execute and deliver all
documents necessary for the issuance and sale of the S.S. Pierce
bond issue in the amount of $6,700,000.00 for the acquisition of the
Libby, McNeil, Libby food processing plant in Rochester. This
also includes finding that this project furthers the purposes of the
Minnesota Municipal Industrial Development Act and authorizing issuan
of the bonds pursuant to the terms of the indenture. Ayes (6),
Nays (0). Motion carried.
Having no further business, Bluhm moved, Allen second to adjourn the
meeting until 7:30 P.M., Ayes (6), 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, Powers, Solinger and Strain. Absent : Alderman Duffy.
B-1 A Hearing on the Proposed 1983 Annual Budget and the 1983-1988
Capital Improvement Program.' Having no one present that wished to
be heard, President Postier closed the hearing. President Postier
stated that with the cutting that the Council did, the budget had a
7.78% increase and he thought that was good. No action will be taken
on this at this meeting. The Council will be meeting on October 7, 19�
at 4:45 P.M. to adopt:the final budget.
B-2 A Hearing on the Proposed project No. 5720-82 J 8796 Sanitary Sewer
and watermain extension in 36th Avenue N. W. from the south line
of Block 1, Country Club Manor 1st Addition to the North.line of Coun
State Aid Highway No. 34. Having no one present that wished to be
heard, President Postier closed the hearing. Allen moved, Strain
second to adopt Resolution No. 464-81 ordering the project to be
made. Ayes (6), Nays (0).Motion carried.
B-3 A Hearing on the Proposed Assessment on Project No. 7904-1-79 J 86.88
Basic Construction in Radichel First Subdivision. Having no one
present that wished to be heard, President Postier closed the hearing
Bluhm moved, Powers second to adopt Resolution No. 465-82 approving
the assessment. Ayes (6), Nays (0). Motion carried.
B-4 A Hearing on the Proposed Assessment on Sidewalk Replacement Project
No. 1-1981 J 8757. Wishing to be heard was Cheryl Hunt of 427
6th Avenue S. W.( Balfour House )and she stated that this is a non-
profit business ( nursery school ) for low income families. This
are funded by United Way and a couple of other governmental agencies.
She asked that the Council consider assessing her property the same
as a resident and not as a commercial institution. Since they are
on a corner lot, they would have to pay the entire assessment. Mr.
Roger Plumb, Public Services Director stated that - "The policy
is to assess Commercial, insti.tutions, churches, Salvation Army
building etc. only residential is separated. Wishing to be heard
was Ms Grace Tshirley of 416 3rd Avenue S. W. She stated that she
is a senior citizen and cannot pay for this assessment. Council
told her of the option to put it on the taxes and pay for it over
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1843
M
B-5
E-3
E-19
I
I
CITY. OF ROCHESTER, MINNESOTA
Regular Meeting No. 14 - October 4. 1982
five year period plus interest. Having no one else present that
wished to be heard, President Postier closed the hearing. Bluhm
moved, Powers second to adopt Resolution No. 466-82 accepting the
assessment. Ayes (6), Nays (0). Motion carried.
A Hearing on the Application for a Final Plat of Rolling Meadows
Subdivision. Wishing, -to be heard was Clark Kilpatrick, applicant an
was present for any questions the Council may have. Having no one
else present that wished to be heard, President Postier closed the
hearing. Solinger moved, Allen second to adopt Resolution No. 467-
82 approving the plat. Ayes (6), Nays (0). Motion carried.
Strain moved, Solinger second to remove the Award of Bids for the
Parking Ramp Management from the table. Ayes (6), Nays (0). Motion
carried. Strain moved, Bluhm second to adopt Resolution No. 468-82
awarding the contract to the low bidder of APCOA, Inc. $500.00
minus .1% of net revenues. Ayes (6), Nays (0).Motion carried.
Allen moved, Bluhm second to adopt Resolution No. 469-82 awarding the
low bid of $22,315.00 to Leon Joyce Construction, Inc. Rochester
Minnesota for Project No. 5720-82 J 8796 Sanitary Sewer and Watermain
extension in 36th Avenue N. W. from the south line of. Block 1,
Country Club Manor 1st Addition to the north line of County State
Aid Highway No. 1. Ayes (6), Nays (0). Motion carried.
Having no further business, Allen moved, Bluhm second to adjourn the
meeting until 4:45 P.M. on October 7, 1982. Ayes (6), Nays (0).
Motion carried.
City Clerk
Information - 10-6-82
I. Letter from Colleen Worisek RE: Zero Lot line Variances on 16th
Avenue N.W.
2. Letter from Betty J. Hansen RE : Prostitution Case.