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HomeMy WebLinkAbout02-07-19831906 Agenda Item A-1 C-1 C-2 C-3 C-4 D-1 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 28 - February 7, 1983 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent:None. Solinger moved, Bluhm second to adopt the minutes of January 17 and 24, 1983. Ayes (7), Nays (0).Motion carried. Powers moved, Duffy second to approve the promotional appointments of Russell Clark to the position of Captain and Roger W. Seabright to the position of Motor Operator with the Rochester Fire Department. These promotions are effective February 1, 1983. The position of Captain was opened by the retirement of John Toogood. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to approve the Mayor's Appointment of Dan L. Rogers, 604 17 1/2 St. S. E., Arthur J. Gittus of 612 13th St. S. E., Joan Scott of 627 4th Street N. W., Norbert D. Ryan of 230 14th Avenue S. E. to the Mayor's Advisory Committee on Alcohol and Drug Abuse. Thepositions were opened because of resignati,ons_of Margery Allen, Lyle Loeding, L6is Howe and Mary Martin. Ayes (7), Nays (0). Motion carried. Bluhm moved, Allen second to approve the appointment of Doris Engelha t of 906 Northern Heights Dr. N. E. to the Historic Preservation Committ- ee. This position was vacated by the resignation of Chuck Rathbun. Ayes (7), Nays (0).Motion carried. Strain moved, Duffy second to approve the Mayor's appointment to the Rochester Civic Music Board of Lynda Sharbrough of 814 8th Avenue S. W.; Mrs. J. Grafton Love, 604 9th Avenue S.,W. and Vincent Hollaren of 1655 Wilshire Dr. The term ends January 1986. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 46-83 referring thl petition for Sanitary Sewer and Water to be extended North from the center line.of 32nd St. N. E. to 218 feet north on East River;Road to the Public Services Department for a feasibility report. Ayes (7) Nays (0).Motion carried. Bluhm moved, Powers second to table the request for 1983 Architectural Barrier Removal -CDBG Project 4026.These will be used at the Mayo Civic Auditorium and the Plummer House. The Council wanted more information. Questions were asked if the Mayo. -Civic Auditorium would be needed if the new attraction center were built. Ayes (7), Nays (0).Motion carried. E-2 Strain moved, Bluhm second to approve the following licenses & bonds including the paying of the fee which was requested to be waived: Request received from Donald H. Donlinger of 3835 Lillie Court S.W. for an Auctioneer's License. The bond has been submitted. Request I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item E-2 received from Linda K. Vreeman of 1321 Third Avenue S. W. for a Single Dance License to be held on August 6, 1983 at the Labor Club at 4 Fourth Street.S. W. Request recieved for a Single Gambling License fromiRodhesster Repeater Society and the Rochester Amateur Radio Club to be held on April 9, 1983. This will be a single raffle. The Rochester Healthcare Center Resident Council wishes a single 'raffle to be held at the..Healthcare".Center:.on June 10,.1983. A Dance license is also.requested for the parking lot.,This would be pending payment of the fee. Request received for a Single Bingo License for January 31, 1983 received from the Northgate Plaza Club at 902 llth Avenue N.W. Request received for an Auction permit from Don Fredrickson, owner of the Coast to Coast Store at 321 South Broadway for an Auction to be held on February 19, 1983. A request received from Rochester Business and Professional Women for a Single Gambling license ( raffle ) to be held on April 19, 1983. The Council approved waiver of all the bonds required for the above gambling permits. The following renewal applications have been received: -Auctioneer.- Ernest Roeber, Route No. 2, Oronoco, Minnesota. Hea'ting, Ventilating and Air=Conditionin Contractor - Thompson Mechan Inc. of Rochester, Minnesota. Master Plumbers - Timothy McPhee of 508 1st Avenue..N. W. Byron, Mn. Sewer and Drain - B & D Construction of 1005 llth St. S. W.; Percy Bessingpas of Box 146 R.R. # 2 Stewartville, Minnesota. Sidewalks , Curb & Gutter, Driveways - Cement - Diversified Concrete Service of 302 4th St. S. E. The following bonds have been submitted for the renewal licenses: State Surety Company - B & D Construction Company $3,000.00 for B & D Construction Company. Western Surety Company - McPhee Plumbing and Heating $2,000.00 Ernest Roeber $500.00; Percy Bessingpas $3,000.00; Thompson Mechanical $5,000.00. Ayes (7), Nays (0). Motion Carried. E-3 Bluhm moved, Solinger second to approve the transfer of the ownership of the Bacchus Lounge received from James F., Brenda L. and James H. and Ardella C. Geyer of Rochester, Minnesota. The Bacchus is located at 524 llth Avenue N. W. This was transferred from R. Michael and Kathryn Carroll. This is effective March 1, 1983. This for a On -Sale Liquor License. Ayes (7), Nays (0). Motion carried. E-4 Duffy moved, Strain second to approve the semi-monthly bills in the amount of $1,058,264.86 ( list attached ). Ayes (7), Nays (0). lotion carried. E-5 owers moved, Solinger second to adopt Resolution No. 47-83 authorizin the transfer of the contingency funds for 1982. The transfers total 136,298.28 and the transfer of the Fire Department of $27,878.74 and $10,045.00 will total $256,000.00 from the 1982 Contingency. yes (7), Nays (0). Motion carried. E-6 Duffy moved, Strain second to.adopt Resolution No. 48-83 closing the ax increment projects and transferring unexpended balances of 181,201.58 pursuant to the City Charter, Section 163, Sudb. 4. yes (7), Nays (0). Motion carried. 1907 cal K� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-7 Lam'? E-9 E-10 E-11 E-12 E-13 Duffy moved, Bluhm second to approve the low bid of GMC, Rochester Minnesota for a 1/2 ton pickup truck for the Engineering Department. The bid was $7,582.00. Solinger moved, Powers second to approve the low bid ( alternate ) of Ace Trucking, Rochester, Minnesota for furnishing a 27,500 GVW truck chassis , dump box and hydraulics for the Street and Alley Dept. Resolution No. 49-83 was adopted. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 50-83 approving the Cooperative Agreement with ROCOG for Transportation Services for 1983. Ayes (7), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 51-83 approving Amendment No. 1 to the CY1983 City/Rochester City Lines contract. This changes the advance on the previous-month's invoice from $20,000. to $25,000. and 2. Allows the advance on January's invoice to an amount equal to the maximum '"monthly payment allowed of $39,582.50. Ayes (7), Nays (0).Motion carried. Strain moved, Powers second to initiate the following three projects and authorizing the City staff to prepare construction and specific- ations for: Traffic signal projects. 1. 1st Avenue and 2nd St. S. W.: Install mast arms. 2. 15t Avenue and 4th Street S. W.: Install mast arms. 3. W. River Road @ 37th Street N. W.: Install traffic signals. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 52-83 deteting paragraph (11) from Zone F ( 2 hour parking ) of Section H Limited Parking Zones as follows: (11) 14th Avenue N. W. on the east side; Monday, Wednesday, and Friday and -on the West side Tuesday and Thursday, between 14th Street and 13th Avenue school days only: Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 53-83 covering the following Parking changes: 1. Delete Paragraphs (29) and (188) of Section B, No Parking Zones. 2. Add Paragraph (17) to Section E, Passenger Loading Zones to read: (17) First Street S. E., on the North side, from loth Avenue to llth Avenue between 8:00 A.M. and 4:00 P.M., School Days only ( Holmes School ) and 3. Add Paragraph (17.3) to Section C, Special Parking Zones to read: (17.3) loth Avenu S.E., on the East side, from East Center Street to First St. , No Par ing 8:00 A.M. to 4:00 P.M. , School days, for buses only. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 54-83 and 55-83 de claring the cost to be assessed and ordering a hearing to be held on March 14, 1983 for Project No. 6207-4-78 J 8650 Construct 12" Water - main in 7th Street N. W. from Arends Industrial Park to 6th Place N. W in Country Club Manor. This is a deferred assessment on plat 5240 parcel 00200 ( Hamm Property ). Ayes (7), Nays (0). Motion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I I CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item E-14 Bluhm moved, Duffy second to adopt Resolution No. 56-83 and 57-83 declaring the co.st to be assessed and ordering a public hearing to be held on March 14, 1983 on Project 5801 Water Tower- West Service Area on deferred property plat 5240 parcel 00200 ( Hamm Property) Ayes (7), Nays (0). Motion carried. E-15 Bluhm moved, Allen second to adopt Resolution No. 58-83 approving a resolution of the Public Utility Board to enter into an insurance agreement through C.O. Brown Agency with Continental Ins. Co. and Integrity Ins. Co. for the following insurance coverage: Property Insurance; Boiler and Machinery Ins. ; Comprehensive General Liabilit Insurance and Umbrella Liability Insurance. The insurance agreement to be for a three year period.commencing 1-1-83 The amount of the firEt year premimum will be $132,868.00. Resolution No. 59-83 approving a resolution of the Public Utility Boa d approving a purchase order agreement with Anaconda -Ericsson for cable Amt. of the purchase order to be $19,005.77 Resolution No. 60-83 approving a resolution of the Public Utility Board approving a purchase order agreement with M.J.Fein and Company for furnishing transient fault recorder system. Amount to be $22,036.20. Ayes (7), Nays (0).Motion carried. E-16 Solinger moved, Strain second to adopt Resolution No. 61-83 and 62-83 declaring the cost to be assessed and order a hearing to be held on March 14, 1983 on Project No. 7308-0-73 J 8485 Sanitary Sewer Trunklir along Chicago N.W. R.R. from East line W 1/2 NW 1/4 Sec. 34-107-14 to West Line SE 1/4 Sec. 29-107-14. This is deferred against pl.at.:5240 parcel 00200 ( Hamm Property ). Ayes (7), Nays (0). Motion carried. E-17 Powers moved, Bluhm second to adopt Resolution No. 63-83 and 64-83 declaring the cost to be assessed and order a hearing to be held on March 14, 1983 on Project No. 7402-1-74 J 8492 Watermain Extension in 7th Street N. W. and in Arends Industrial Park First Subdivision. This is a deferred assessment against Plat 5240 Parcel 00200. Ayes (7), Nays (0). Motion carried. E-18 Bluhm moved, Duffy second to adopt Resolution No. 65-83 opposing a Cable TV Bill ( S.66) which would restrict state and local authoritie jurisdicti.on over the cable TV franchises. Ayes (7), Nays (0). Motioi carried. F=1, An Ordinance Rezoning to R-2, Lot 6, Block 9, Golden Hill Addition was given its second reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to the salaries repealing Ordinance No. 1928 and establishes certain salaries as follows.effective June 1, 1983. Mayor $17,270. Alderman -at Large $8,803.00 and Each Aldermen $7,255. was given its second reading. Powers moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. 1.9� 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item F-1 An Ordinance Relating to Limousine Franchises; awarding a non-exclusiv franchise for the period of January 1, 1983 through December 31, 1983 to Edward and Mark Vantassel, D/B/A Vee's Limousing Service; amending .the Rochester Code of Ordinances, Section 97.16 was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7) Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property to PUD-R-64 Residential; ( Rive view West) was given its second reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. H-1 Gaylon Carmack Rochester, Minnesota representing the S.E. Constructio and Trades Council presented a resolution to the Common Council. This resolution states that certain City employees are engaging in extra work that doesn't pertain to their duties as City employees and is being performed during and outside their regular working hours The departments in question are.the City Fire Department, City Police Department and the Park .and Recreation Dept. It is the intent of the resolution presented to work out a comprehensive guideline program for these departments to follow, enabling all.parties concerned to perform their work and udties in an equitable and efficient manner. The Council took no action. Having no further business, Allen 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 folloi ing members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers, Solinger and Strain. Absent: None. B-1 A Hearing on the Amendment to the Rochester Urban Service Area'Land Use Plan from "Low Density Residential" to "Medium Density Residentia on approximately 7 acres of vacant land lying on the South side of 33rd Street N. E. and to the East of the Northern Slopes Third;Sub. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to adopt Resolution No. 66-83 approving the amendment. Ayes (7), Nays (0). Motion!carriel B-2 A Hearing on the Petition to Change the Zoning District from R=1 '( Single Family Residential ) to R-2 ( Low Density Residential) on 12.03 Acres of Vacant Land East of Northern Slopes Section and Rocky Creek Mobile Home Park. Having no one present that wished to be hear( President Postier closed the hearing. Duffy moved; Solinger second to approve the petition and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Request for approval of the Official Street Map No. 7 20th Street S. E. between llth Avenue S. E. and CSAH No. 36 ( Marion Road). Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to instruct.the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. i I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL IL9A1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item B-4 A Hearing,on the Application for Planned Unit Development ( Concept Statement ) on property at 604 Fifth Street S. W. to be known as Gray Gables. President Postier read a letter that was sent to him in opposition. It was sent by Howard and Paula Rome 622 5th Street S. W. and Lester and Patricia:Wold from"608 5th Street S. W. Wishing to be heard was June Fiksdahl Davis of 507 6th Avenue S. W. and is the President of Gray Gables Foundation and is a resident of the facility. She is present for any questions the Council may have. Wishing to be heard was Joan Witry of 505 6th Avenue S. W. an dis employed at the Gray Gables. She is also present for, any questions the Council may have. Wishing to be heard was Paula Rome of 622 5th Street S. W. and is opposed this this application. She is worried about traffic being generated and the parking in the area. She also is concerned about what would happen to the building if the PUD failed financially. Joan:Witry stated that it would have a maximum of 5 employees and a maximum of 30 residents. They have parking for vehicles at the Rochester Methodist Church and that should pose no more problem then present. She stated that they have financial backing for one year at this time. President Postier questioned Tom Moore, Planning Director on the uses of the PUD if Gray Gables should close. Mr. Moore stated that a}:new appl i cation .would have to be submitted before the Planning Commission and would be brought before the Council for approval. President Postier questioned Mr. Roger Plumb, Public Services Director and David Ros'sman, Traffic Director if they could foresee a traffic problem. They stated they did not. However Mr. Rossman will study the parking on the streets. Alderman Duffy also stated his concern about the parking ( street ). Wishing to be heard was Richard Bins, Attorney in Rochester, Minnesota. He represented Gray_.Gab,l'es ( petitioners ) and stated that the building'. currently housed 10 girl.s and stated that less traffic should be created.with the new use because the new residents are not allowed cars and they have enough off street parking for the over flow of cars. Wishing to be heard was Pat Wold of 608 5th Street S. W. and was concerned about the licensing of a private facility and the care they would receive. Ms. Witry explained the licensing procedure and stated they would have the best care available for the residents. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Bluhm second to approve the application and wative the preliminary plan. This would then go dir- ectly to the Final Plan. This was subject to the following: 1,. Limitation on 30 residents. 2. Reserve 15 parking spaces and review the need in six months. and 3. Public Services Department to look at the on street parking in the area. 4.'. Change the garage doors so as to not open onto sidewalk; 5. No parking allowed in the driveway. Ayes (7), Nays (0).Motion carried. IL942 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-5 A Hearing on the Application for Planned Unit Development ( Concept Statement ) on 3.8 acres near Ninth Avenue and Chalet Drive N. W. to be known as Elton Ridge. President Postier stated that he received approximately 5 calls opposing this PUD prior to the meeting. Wishin to be heard was Ron Richardson of 3314 9th Avenue N. W. and represent d a large group from the N.W. area opposing this PUD. He stated they were never notified of the Planning and Zoning Commission meeting and so only one person was present in opposition. He stated that this violates the intention of a R-1 Zoning District. Wishing to be heard was Edward Thompson of 3202 9th Avenue N. W. and he stated that he was asked by a group of neighbors -to be their spokesperson on this matter. He presented pictures of the neighborhood and stated that the area is being built up.at this time. All one family dwellings. He stated that he can't figure out why a developer would want to disrupt an entire neighborhood at this location. Wishing to be'heard, Martha Rendeiro of 3303 9th Avenue N. W. She presented a visual aid on facts of the built areas and .the proposed housing that will be built. She stated that 3 lots on the border of this proposed PUD are also sold pending.denial of this PUD. She questioned why this PUD was unique to this area? It does not fit into the R-1 Zone. Ron Bailey of the Planning and Zoning Department stated that the Planning and Zoning Dept. only review the a►hea for density only. The selectio of a site is the responsibilty of the developer. Wishing to be heard was Rick Hexum, President of Elcor, Enterprise, Rochester, Minnesota who is the developer. He stated that they received financing from the Minnesota Housing Finance Agency to develop this PUD at this site. .By receiving this type of financing, he will be able to furnish' housing to people with lower incomes. He stated that out of 80 developers who applied to MHFA, Rochester was given 30 units. He urged the Council to approve this PUD. Alderman Duffy questioned the fact that the PUD is placed in a northerly pattern. He stated that .the people in the area make a good point about this interrupting a single family neighborhood. Alderman Duffy wondered why this PUD could not be built in another manner.- These 'coul d be .bui 1 t to . the East. and West :instead of North and South. Mr. Hexum stated that he cannot argue that it won't interruptthe theme of the area, but doesn':t think townhouses would make that much difference. Mr. Hexum stated that this development could be built in 12 months if Council approved the PUD. Council discussed the merits of the PUD. Wishing to be heard was J.C.Rendeiro of 3303 9th Avenue N. W. He stated that a PUD doesn't provide a buffer. He asked those people present that were opposed to this PUD to stand up in protest. Approximately 125 persons stood. Wishing to be heard was Paul Nelson of 3309 9th Avenue N. W. and is opposed to this. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Solinger noted that notifications were made to the people living within 350 feet of the proposed project. New families that bought or moved in to the area may not have been notified., but the people on record were sent the notices. Alderman Solinger also questioned Ron Bailey of the Planning Department on the public benefit of this project. Mr. E n �J Bailey provided a list of benefits. Alderman Solinger also stated RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1983 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item B-5 that the Planning and Zoning Commission did approve this project, but they did not have the benefit of the impact of the neighbors that are present at this Council meeting. He also stated that the MHFA approved these units to be built in Innsbruck as an alternate site. Having no further .discus-sion, Strain moved, Powers second to approve this Concept Statement. Upon Roll tall vote, Aldermen. Al.l,en, Duffy and Solinger voted nay. Nays (3). Aldermen Bluhm, Powers, Strain and President Postier voted aye. Ayes (4), Motion carried. E-1 Strain moved, Solinger second to remove the request for selection of Architectural Barrier Barrier - CDBG Project 4026 from the table. Ayes (7), Nays (0).Motion carried. This was tabled from the early part of this meeting for more information. A letter was received from Curtis Taylor, Park and Recreation Director -and he stated that the projects are essential to make the Auditorium and Plummer House more accessible. He also stated that there is no conflict whatsoever with the projects in.conjunction with the proposed Attaction Center. He urged the Council to approve the firm of Architectural Design Group based on their quotes. Duffy moved, Allen second to approve the low bid of Architectural Design Group, Rochester, Minnesota in the amount of -.not .to exceed $3,375.00. Ayes (7), Nays (0). Motion carried. F-1. An Ordinance relating to Land Use regulation; establishing Official Street Map number 7 for a portion of proposed 20th Street S. E. between.11th Avenue S. E. and C.S.A.H. 36, was given its first readinc F-1 An Ordinance Rezoning certain property to R-2 Low Density Residential ( H.E.Payne Co.) on 12.03 acres of vacant land East of Northern S1opE Section and Rocky Creek Mobile Home Park 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 I 1914 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 28 - February 7, 1983 Agenda Item Informati:6n..Section 2-7-83 1. Standing Committee meeting minutes from meetings of 12-6-82, 12-1, 82, 12-20-82 1-17-83, and 1-24-83. 2. Notice of Summons received as follows: Katherine C. Kearney vs City of Rochester and Rochester City Lines - Ref. to City Attorney and Finance Dept. 3. Kenneth Roshon vs Dennis Holt, City of Rochester & County of Olmsted. Ref. to City Attorney and Finance Dept. 4. Mary Alice Riess vs Miles and Kevin Westergaard.vs City of Rochester _ Ref. to City Attorney and Finance Dept. 5. Notice of Claim against Public Contractor - Fraser Construction Company. Claim against Adolfson and Peterson, Inc. - Ref. to City Attorney and Finance Dept. 6. Letter from George F. Pougiales and John R. Pougiales RE: Holiday Inn proposal - Ref. to City Attorney and Dev. District Office. 7. Letter from Peoples Natural Gas Company RE; Rate Increase. 8. Notice of Claim - Pamela Trachsel vs. City of Rochester - Ref. to City Attorney , Finance Dept. and Public Services Dept. 9. Notice of Claim - Sharon Westergaard vs. City of Rochester, Ref. to City Attorney, Finance Dept. and Park Dept. i 11