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Home My WebLink About07-18-1983RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item 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, Strain. Absent: None. Powers moved, Strain second to approve the minutes of the June 20, 29, and July 6, 1983 meetings. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the Application for Planned Unit Development ( Final Plan ) for Seventh Day Adventist Church. Wishing to be heard was Ronnie Olivetto of 2552 Northern Hills Court N. E. She will be a dance instructor which is one of the proposed uses for the PUD. She urged the Council to approve this for use as a dance, music and drama studio. Wishing to be heard was Brian Creggin of 910 l2th Avenue N. W. and is a neighbor. He is concerned about the future uses. He stated that he has no objection to the present use as a dance/drama/mus.ic studio, but does not want anything else in the building that will generate more traffic then is already there at present time. Having no one else present that wished to be heard, President Postier closed.the hearing. President Postier stated that he would like to have the uses limited also to two or three things that could be put in the building if the studio sold the building or rented it. Alderman Powers agreed and stated that he would like to see the use remain as dance/drama/music and when and if the use changed, Council would have to approve that change. Council agreed. Having no more discussion, Powers moved, Solinger second to instruct the City=Attorney to prepare an Ordinance approving the PUD with the only use the dance/drama/music studio. A )s (7), Nays (0). Motion carried. ( Res. 427A-83 . was adoptedd B-2 k Hearing on the Petition to Change the Zoning District from R-3FF (Medium Density Residential Flood Fringe ) to M-lFF ( Light Industrial Flood Fringe) on property at 717 1st Avenue N. E. Wishing to be heard was Al Nerland of 717 1st Avenue N. E. and already has the use of this property for a light auto repair shop. He would like this changed to a higher zone. This will conform to the adjoining land on two sides7 as that is zoned M-1. He stated that if he ever sold the land the zone would be M-1. He urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Duffy second to deny the petition. Ayes (7), Nays (.0). Motion carried. President Postier stated that he has use of the business as long as he still owns the land. B-3 1A Hearing on the Final Plat of East River First Subdivision. Wishing to be heard was Frank Kottschade of 2613 5th Avenue N. W. who is the petitioner. He was present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to adopt Resolution No. 428-83 approving the plat. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2L,22 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item B-4 A Hearing on the Application for the Final Plat of Parkview First Subdivision.. Wishing to be heard -was Frank Kottschade of 2613 5 th Ave. N. W. He was present for any questions the Council may have. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 429-83 approving the plat. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Application for Bel Air Second Replat. Having no one present that wished to be heard, President Postier closed the hearing. Solinger.moved, Strain second to adopt Resolution No. 430-83 approving the plat. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Application for the Final Plat of Northview Village. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Bluhm second to adopt Resolution No. 431-83 approving the plat. Ayes (7), Nays:(0). Motion carried. B-7 A Hearing on the Application for the Final. Plat of Bear Creek Court. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to adopt Resolution No. 432-83 approving the plat. Ayes (7), Nays (0). Motion carried. 13,8 A. Hearing on the Industrial Revenue Bond Financing for Rochester Meat and Provision, Inc. This is for the issuance of $1,000,000. of bonds. Having no one present that wished to be heard, No actiom;iwas taken. E-1 Duffy moved, Solinger second to adopt Resolution No. 433-83 calling for a public hearing for August 15, 1983 on the proposed financ(in:g._y for the IDR Bond for United Way of -Olmsted County. Ayes (7), Nays (0).-Motion carried. E-2 Bluhm moved, Powers second to approve Amendment No. 2 to the Agreement for Professional Services with the Joint Venture - Water Treatment Plant Construction. The Amount is $45,910.00 and the Mayor and City Clerk are authorized to sign said amendment.. Ayes (7), Nays (0). Res61'utton -No. 434-83 was adopted. Motion carried. E-3 Duffy moved, Allen second to adopt Resolution No. 435-83 approving Supplemental Agreements No. 1 and 2 for-the(,Zumbro Market'.Parking .Lot as follows: .No. 1 - includes $21,,717.60 in items deleted and $10,824.00 in items added for a►e-t. change of a deduction in the total of $10,824.00. No. 2 add"s..$3,440.00 in additional costs for necessary storm sewer changes. Ayes (7), Nays (0).Motion carried. E-4 Powers moved, Bluhm second to approve the request of the 125th Anniversary Committee for authorization to work with the Public Services Department in coordinating and scheduling vendors and approving ten bagged meter spaces. The committee is planning to locate vendors near the following places of business: Rochester Public Library ( under the awning) on the boulevard). Osco 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item E-4 Drug ( one parking meter on Broadway ) ; Marquette Bank on Second Street (one meter); Ina May's (.one, meter ) ;'Woolworths (_.souvenir items on sidewalk ) ; Norwest Bank ( items on sidewalk ). Linen Basket ( one meter on First Avenue )'; Masseys corner; United Financial (one meter ) City Hall ( one meter on First Avenue ) ; Zumbro Hotel (one meter ) Damon-Parkade area; B. Dalton Book Store corner (sidewalk); Mayo Student Center (sidewalk); First Bank ( souvenir items on sidewalk ). Also included'in the motion was a request from Janine Hamilton, Rochester, Minnesota for permission to allow entertainment on the grassy parts of the downtown area for the sidewalk days ( July 28-30 ). This entertainment would consist of a guitar player or a mime group, etc. Ayes (7), Nays (0). Motion carried. E-5 Duffy moved, Allen second to approve the issuance of a temponary.- liquor license 3.2 beer for the period of August 13, 1983 from 7:00 P.M. until 12:30 P.M. for the pruposes-of selling 3.2 beer during the street dance. The Kahler Corporation has granted the Earl Riser's Exchange Club authorization to.us e the parking lot on the corner of First Avenue and. Third Street S. W. for a beer garden. The request for the license is from the Early Riser's Exchange Club. Ayes (7), Nays (0). Motion carried. E-6 Powers moved, Solinger second to adopt Resolution No. 436-83 author- izing the Mayor and City Clerk to execute the agreement for State Aid for Airport Mainentance. The State will reimburse the City for 112 the direct, actual maintenance and operation costs, not to exceed $55,000.00 for the fiscal year. Ayes (7), Nays (0).Motion carried. E-7 Bluhm moved, Strain second to adopt Resolution No. 437-83 authorizing the City Clerk to advertise for sealed proposals for 1983 Terminal Parking Lot Roadway Construction. Bids to be received until 11:00 A.M. on August 10, 1983. Ayes (7), Nays (0). Motion carried. This is project No. J 6933. E-8 Solinger moved, Strain second to adopt Resolution No. 438-8.3 Relating to $1,000,000. Industrial Development Revenue Note; Authorizing the sale and issuance thereof pursuant to Minnesota Statutes, Chapter 474; and Authorizing the Execution of various documents. Ayes (7), Nays (0). Motion carried. E-9 Strain moved, Bluhm second to approve the following licenses & bonds: Request received from St. Pius X Church for a Temporary_ On -Sale 3.2 beer for a picnic in Cooke Park on August 28, 1.983. In case of rain this will be moved to St. Pius X Church. This is pending dept. approvals. Request receeved from Barry M. Ryter of Rochester for a Master Installer license for Heating, Ventilating and Air -Condition - for the period ending December 31, 1983. The license is pending department approval. Request received for a Single Dance permit for the Mayo Civic Auditorium on September 24, 1983 for the Terry Gibbs Concert and dance. This was received from Mike Braun. ng 2is23 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2L24 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item Request received from The Loyal Order of Moose for a Temporary Non - Intoxicating 3.2 beer license for a picnic in Bear Creek Park on July 10, 1983. President Pos.tier gave prior approval to this request. Request received from Thomas E. Larson of Rochester for a license to Erect and Maintain signs through December 31, 1983. This is pending department approvals. The following renewal license was submitted: Request for an Annual Gambling License received from . Ducks Unlimited. They wish to conduct raffles.at the Heritagp-Hall and Windsor Hall at the Kahler.Hotel in connection with an Annual Gambling license. byes (7), Nays (0). Motion carried. E-10 Duffy moved, Allen second to approve the request received from "Rochester First Run" a four mile road race starting at 12:30 P.M. on August 14 prior to the Anniversary Grand Parade. The route is being coordinated with the Rochester Police Department. Ayes (7), Nays (0). Motion carried. E-11 Strain moved, Duffy second to approve the accounts payable ( semi!--, monthly ) list attached in the amount of $1,126,793.16. Ayes (7), Nays (0). Motion carried. E-12 Duffy moved, Al.len second to adopt Resolution No. 439-83 awarding the low bid of Van Waters and Rogers in the amount of $12.54 per unit in one ton drums for the year's supply of liquid chlorine. This is for the Water Reclamation Plant. Ayes (7), Nays (0). Motion carried. E-13 An.Application for the approval of a preliminary plat of Northern Heights East First Subdivision was brought before the Council. Many people from the area attended this meeting. President Postier pointec out that this was not a public hearing, but at the wish of the Council he would allow a person from each side to speak. Wishing to speak was Mary Alice Richardson of 1120 Northern Heights Drive. She stated that a petition had been circulated and had 250 signatures all opposin this application. She also stated that she had contacted many people in the area and they were all opposed. She found no one in favor of the project in the area of Northern Heights/Hills area, uhttl Circle Drive is completed. She stated that the traffic would become a hazard for them as they have counted 1 car'for every 3 3/4 second. She stated that they do expect development to continue,at the end of the subdivision, but does not want the road to be connected to Viola Road. She stated that the traffic data was 5'years old that was used by professionals in this project. She stated that she realized that Northern Heights Drive was a collector street and they have no' objection to that, however they do not want this to be used as a throughfare. After some Council d1§cuss:i)on, Ron Baihly, of the Consolidated Planning and Zoning Department stated that the traffic figures used were dated 1980 and 1982. Wishing to be heard was Harold Payne of 799 Sierra Lane applicant. He stated that when this subdivision was platted h.e wanted to treat it as a new sub. They ould have an Eastern entrance and would use it as such. He stated 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item E-13 that the amount of cars that.would be traveling on Northern Heights Dr. generated from his subdivision would only increase traffic to 1/3.of the designed capacity of Northern Heights Drive. He stated that he would like to start building this fall and that the street would be constructed yet this fall. Mayor Hazama questioned how many lots would be built. Mr. Payne stated that 30 lots would be built. Having no one else wishing to be heard at this time since the Council limited them to two people, Duffy moved, Powers second to approve the application subject to three condi.tfons as follows: 1. Controlled access to Viola Road along Lots 5-11, Block 2; 2. Rename cul-de-sac to Northern Heights -Lane N. E. and 3. No access to Viola Road until another connection is made ( Circle Drive or .Northern Valley Drive ) ,.although street right-of-way will remain as indicated on the.plat. After.further discussion by=the-Commbn-Council------ Alderman Strain asked when Circle Drive was scheduled to be completed and he was told by Ed Stollof of the Planning Department that it was scheduled to be started in 1988. Alderman Solinger stated that we have faced these types of things before and he does not think the volum of traffic will be a problem. Alderman Bluhm stated that he will vote on what is best for the area. He has mixed emotions about this request. He thinks No. Heights Dr. can hold more traffic and does'not think speedy traffic would be a problem.He also stated that at present the developer is speaking of 30 lots, but he questioned the future development. He stated that the grade of No. Heights is 10% and Viola Road is 5% so he thinks that the people will travel on Viola Road anyway. He is concerned about the traffic created by the construction trucks, etc. Alderman Strain stated that stop signs will help the speed of the traffic. Alderman Powers stated that stop signs helped in his area to slow the traffic. Having no more discussion by the Council, Vote was taken on the above motion. Ayes (2), Nays (5), Aldermen Duffy and Powers voting aye. Motion did not carry. Solinger moved, Bluhm second to approve the application subject to the following: 1. Contri led access to Viola Road along Lots 5-11, Block 2; 2. Rename cul-de-sac to Northern Heights Lane N. E. Ayes (5)', Nays (2). Al;der- men Duffy and Powers voting nay. Motion carried. Receipt of a letter was received by the City Clerk 7-18-83 from the PTA Board of Churchill School. This letter was in opposition to the application. E-14. Allen moved, Duffy second to instruct the City Attorney to prepare an Ordinance annexing .49 acres of vacant -land in the S. E. 1/4 of the N. W. 1/4 of Sec. 14, Rochester Township. ( Walter Castle ) Ayes (7), Nays (0). Motion carried. E15 Powers moved, Bluhm second to adopt Resolution No. 440-83 setting a hearing to vacate the Northerly 9 feet of the Right-of-way for 8th Street N. W. adjacent to Lot 1, Block 4, Northern Addition. The date of hearing is September 7, 1983. Ayes (7), Nays (0). Motion Carried. This includes the eastern 60'. 2625' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2626 Agenda Item E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 E-24 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Allen moved, Bluhm second to approve the Application for Prelminary Plat of Shadow Run Second Subdivi.s:ion, located near 25th Street S. W; and South Broadway ( Tom Bouquet). Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to approve the Application for the Pre- liminary Plat of Parkview Second Subdivision, located along Marion Road S. W. at 24th Avenue S. E. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to table the request for a Preliminary Plat of Meadow Hills Second Subdivision involving a portion of the land north of 25th Street S. W. and south of Ulrich"s Orchard until the September 7, 1983 meeting. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to adopt Resolution No. 441-83-approving a proposal for engineering services by McGhie and Betts 'Inc. for Project No. 8312-J 8826 Construction of Street, Concrete Curb and Gutter, Storm Sewer and Service Connections in East River Subdivision Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 442-83 approvin a proposal. for engineering services by Yaggy Associates -for Project No. 5815-9-83 J 8825 Basic Construction in Northern Heights Ninth Subdivision. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 443-83 initiat- ing the project and ordering a feasibility report on Project No. 6303-4-79 J 2114 Construction of West River Road from Elton Hills Drive to 41st Street N. W. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to adopt Resolution No. 444-83 initiat- ing the project and ordering a feasibility report on Project No. 6241-4-83 J 2126 Grading and Surfacing, Concrete Curb and Gutter, Sanitary Sewer and Sewer and Water Service Connections on 41st St. N. W. from the East line of Summit Square to West River Road. Ayes (7), Nays (0). Motion carried. Duffy moved, Allen second to adopt Resolution No. 445-83 approving the amendments to the Limited Parking Zone for Regency West on 6th Avenue N. W. as follows: 1. Amend Para (3) of Sec. H Zone C to read (3) Second Street N. W. on the North side in front of the premises known as the Cedar Inn ( 2 stalls.) to 30 minute limit. 2. Add Para (4) to Sec. H. Zone C, Limited Parking , 20 minute limit: (4) - 6th Avenue N. W. on the East side in front of the premises known as the Re ency West Motel 202 6th Avenue N. W. ( 3 stalls ). Ayes (7), Nays ?0). Motion carried. Allen moved, Strain second to.instruct the City Attorney to prepare an Ordinance amending the City Parking Meter rates ( see list on Ordinance ). Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 5- July 18, 1983 Agenda Item E-25 Strain moved,.Bluhm second to instruct the City Attorney to prepare an Ordinance Amending the City Parking Lot Ordinances to increase the rates for the meters. ( see Ordinance ) Ayes (7), Nays (0). Motion carried. E-26 Allen moved, Solinger second .to adopt Resolution No. 445A-83awarding the low. bid of $703,331.50' submitted by Robert W. Carlstrom__for Project J. 2594 Structural Restoration of 2nd Street Ramp. Ayes (7), Nays (0). Motion carried. E-27 Powers moved, Strain.second to adopt Resolution No: 446-83 awarding the contract to Leon Joyce Construction Company for the low bid of $11,875.00 for Project No. 6300-N-83 J 8817 - Sanitary Sewer Extension along the East side of T.H. No. 63 to serve the North 350 feet of. the Rochester Sand and Gravel Parcel located in the N. 1/2 S. W.1/4 Sec. 24 R107N R14W. Ayes (7), Nays (0). Motion carried. E-28 Strain moved, Solinger second to adopt Resolution No. 447-83 authorizing the City Clerk to advertise for bids on Project No.'8213 -83 J .8821 Sanitary ;Sewer, '.and Watermain: to serve.:property 'between East,Aiver-.:Road and T.H. No. 63 North and south of 23rd Street N. E. Bids to be opened at 11:00 A.M. on August 10, 1983. Ayes (7), Nays (0)..Motion carried. The contract for this project should .not be awarded until the assessment agreement between the City of Rochester and Frank Kottschade is executed. E-29 Duffy..moved, Allen second to adopt Resolution No. 448-83 authorizing the City Clerk to advertise for bids on Project No. 8215-83 J 8800 Watermain.Ext. on 3rd Ave. N. W. from 37th Street N. W. to a point approx. 350 feet South and Project No. 6237-83 J 8824 Watermain ext. alon..g the south side of 37th Street-N. W. from 3rd Avenue N. W. to the bridge.over the Zumbro River. Bids to be opened August 10, 1983 at 11:00 A.M. Ayes (7). Nays (0). Motion carried. E-30 Bluhm moved, Strain second to adopt Resolution No. 449-83 approving a resolution of the Public Utility Board approving a purchase order agreement with Westinghouse Electric Corp. for a Circuit breaker The amount to be $325,201.00 plus escalation. Ayes (7), Nays (0). Motion carried. E-31 Soli.nger moved,.Bluhm second to table the request for'an Intoxicating Liquor License for. the Pizza Villa Restaurant in Rochester indefinite Ayes (7), Nays (0). Motion carried. E-32. Duffy moved, Allen second to approve the request to close the follow- ing streets for a dance on August 13, 1983 for the 125th Anniversary of the City of Rochester. 1. lst Avenue S. W. between 4th Street and 5th Street S. W. from 6: P.M. until 12:30 P.M. and 2nd Street N. W. from 1st Avenue to 2nd Avenue N. W. on August 7, 1983 from 1 to 4 P.M. Ayes (7), Nays (0). Motion carried. 2 627 F-1 IAn Ordinance Rezoning property creating a Planned Unit Development, f Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983. known as PUD-13-71 in Block.3, Lots. 1 and 2 Goodi.ngs Addition was given its first reading. An Ordinance Annexing .49 acres of unplatted land situated East o Meadow Hills First Sub. - Rochester Township: was given its first reading. An Ordinance relating to Parking Regulations; Providing for time limits_ and fees in certain Municipal Parking Lots, Providing for meter rates in certain zones; providing for collection of coins deposited in Meters; Amending the RCO Sec. 133.02, 134.35 and 134.40 was given its first reading. An Ordinance Rezoning property to PUD-R-69. Planned Unit Development Residential on Block 1, Lots 1-13 Southwood Replay, was given its, second reading. Powers moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0).notion carried. An Ordinance Relating to the Building Code; Electrical Code; Auctioneers: Liquor and Beer; Eliminating obsolete Ordinance lang- uage relating thereto amending the RCO Sec. 38.03; 50.01;.52.01, Sub. 2 and Repealing Sec. 100.08 , 100.15•and 125.25. was given its second reading. Duffy moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain property creating a PUD-R-70 in Birc Knoll was given its second reading. Strain moved, Allen second to adopt the Ordiance as read: Ayes (7), Nays (0). Motion carried. An Ordinance Annexing 9.4 acres of Unplatted Land situated West of Manor Woods Third Sub. and North of Country Club Road in Cascade and Rochester Township to the City of . Rochester. •Amending Ordinance No. 2227 was given its first reading. Allen moved Powers second to suspend the rules and give the Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhm, Duffy, Powers Solinger , Strai ind President, Posti er voted aye. Ayes (7) , Nays (0) . Motion carried and the Ordinance was given its second reading. Allen moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester 11.35 acres of Un- platted land situated East of Northern Heights Eighth Sub. in Haver- hill Township to the City of Rochester to:correct the legal desc. was given i.ts first reading. Strain moved, Bluhm second to suspend the rules and give the Ordinance its second reading. Upon roll call vote, Aldermen Allen, Bluhm, Duffy, Powers , Solinger, Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried. and the Ordinance was given its second reading. Bluhm moved, Al.len second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1983 Agenda Item G-1 Strain moved, Duffy second .to remove the Commercial Rehabilitation Loan Program from the table. Ayes (7),.Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 450-83 adopting the Rehabilitation Loan Program. Ayes (6), Nays (1). Alderman Solinger voting nay. Motion carried. Having no further business, Allen moved, Duffy second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. ty C1 er Information - 7-18-83 1. Committee of the Whole Meeting Minutes from 5-34-83, 6-6-83 6-13-83 and 6-24-83. 2. Notice of Assessment Appeal - David M. Hunt - Ref. to Attorney and Finance Dept. 3. Notice of Claim - Mrs. Mary Hovda - Ref. to the City Attorney Utility Department and Finance Dept. i 11