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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.