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HomeMy WebLinkAbout03-18-198523P713 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - March 18, 1985 Agenda Item A-1 Fin 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. Bluhm moved, Solinger second to approve the -minutes of the March 4, 1985 meeting. Ayes (6), Nays (0).Motion carried. A Hearing on the No. 85-1 Appeal of the decision of the Zoning Board of Appeals which denied a variance request to permit a 111 sq. foot pylon business sign instead of the 50 square foot maximum in thf B-lb zoning district. Wishing to be heard was John Reeve of 1012 Quarry Court N. W. owner of Hardee's Restaurant located at 1850 North Broadway. He stated that the national franchises require a certain size sign and under our current zoning code, the City would not allow him to construct such a large sign. He would like a variance to this code. He stated that McDonalds on North Broadway and the Recreation Bowling lane has a large sign such as the size that he wants. It was noted however that the sign at Recreation Bowling Lane is in a different zone which allows the size sign as constructed. Tom Murray of the Zoning Board of Appeals was present and explained that the reason for denial of the sign was based upon the current zone code and it is a position of the Board of Appeals to allow certain things to happen with the code, bu. as the City Attorney reminded the Board, " Not to rewrite the law". He feels that in this case, the code does not allow this size sign and since they can't rewrite the law, they had not choice but to deny his request,. He did say that the code should be addressed in the area of franchise signs. He stated that the Planning Commission was sent a letter to review this part of the code. Alderman Powers stated that this was a gray area and he finds it difficult to turn down the request for a larger sign. Wishing to be heard was John Cachiaras of 1737 3rd Avenue N. E. He is opposed to construction of a larger sign and wants the zoning code upheld. Alderman Powers stated that he is in favor of changing the zoning code to allow this type of signs. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Solinger stated that this matter should be addressed in the zone code and he suggested a review by' -the Planning Commission.He stated that at this time it would be wrong for all B-lb's to be included in the territor; of signs. Some areas can accomodate the huge signs, other B-lb's are located in the middle of residential areas and could not be served with such a large sign. Having no further discussion, Strain moved, Allen second to uphold the decision of the Zoning Board of Appeals to deny the variance. Ayes (4), Nays (2). Aldermen Powers and Solinger voting nay. Motion carried. Bluhm moved, Solinger second to refer this matter to the Planning and Zoning Commission to investigate the Zoning Code to.see if it should be updated. Ayes (6), Nays (0).Motion carried. Res.119-85 was adopts A Hearing on the Application for a Planned Unit Development ( Amende Final Plan ) for Barclay Square PUD-B-60. Wishing to be heard was Jeff Rapp of Weiss Builders , Rochester, Minnesota ,Architect for the Little Caesars restaurant. This is located in Barclay Square. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourend Meeting No. 28 - March 18, 1985 Agenda Item B-2 They are requesting an outside sign flush with the building. He stated that it is O.K. with the owners of Barclay Square. He stated that the Planning Commission said No, but the Planning Department indicated that it was O.K. with them. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to approve the following: The Commission felt that the general signage guideline package provided adequately covered the signage needs such as Little Caesars Therefore McIntosh moved, seconded by Kearns to approve the entire amended signage plan for the mall as presented by Weis through Mr: John Titus of Paul Pink Architects. A motion was then made to deny the specific sign request for Little Caesars and require that any sign they erect meet the revised general signage guidelines Previous recommened for approval. In addition, the Commission recommended approval of adopting the revised PUD plans and elevations showing sign locations as requested by staff. Motion by Finstrom, seconded by McIntosh. Motion carried 6-0 with one abstained. Ayes (6), Nays (0).Motion carried. Resolution No. 120-85 was adopted B-3 A Hearing on the Petition to change the Zoning District from PUD R-74 to R-3 ( Medium Density Residential ) on Lot 1, Block 1 and Lot 1, Block 2, Innsbruck Five Subdivision. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc..Engineers for the petitio and was present for any questions the Council may have. He stated that the developer has changed from a requested PUD and needs this zone change. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to instruct the City Attorney to prepare an Ordinance approvi the zone change. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Project No. 6207-4-84 J 8870 Sanitary Sewer Extension in 7th Street N W. to Serve the Larsen Property (Trade Mart ) in N.W. 1/4 N.E. 1/4 Section 33-107-14. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Allen second to adopt Resoution No. 121-85 approving the assessments. Ayes (6), Nays (0).Motion carried. B-5 A Hearing on the Petition to vacate the 10 foot Utility Easement on the common line between Lots 4 & 5 , Block 3 and the 10 foot Utility Easement on the common line between Lots 1-6,and 7-9 , Block 3, all in Radichel 1st Subdivision. Wishing to be heard was Jeff Thiesius of Hamilton Real Estate, Rochester, Minnesota. He stated that they have an agreement with the telephone company on relocating the telephone lines. President Postier wondered if the utility easments were taken care of. He was assured they had been. Having no one else present that wished to be heard, President Postie1 closed the hearing. Solinger moved, Powers second to adopt Resolution No. 122-85 approving the vacation including the 10 foot easements on utilities south of 9th Street N. W. and west of 37th Ave. N. W. and the developer relocate the telephone cable and provide the other necessary utility easements. Ayes (6), Nays (0). Motion carried. ►VA r -2379 2380 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No_ 28 - March 18, 1985 Agenda Item B-7 Jm C-1 D-1 E-1 E-2 A Hearing on the Request to Amend the Thoroughfare Plan to delete 33rd Interchange at US 52 North. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No..123-85 approving the amendment. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat of Apple Ridge ( Portion of the Ulrich Apple Orchard at 20th Street and 5th Avenue S. W.). Wishing to be heard was Blanche Blair of 411 21st St. S. W. She had no objection to the development, but was not in favor of running a storm sewer to the property in the plat. She was also concerned about the drainage. She stated that all the water will come down 21st St. S. W and would advise them to put in a storm sewer. It was noted that Ms. Blair was out of the City limits, but the plat would be a part of the City. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 124-85 approving the plat. Ayes.(6), Nays (0).Motion carried. A Hearing on the proposed improvement - Project No. 8501 J 8895 Construction of Streets, Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer, Watermain and Service Connections on the follow- ing streets in Apple Ridge Subdivision; 5th Avenue S. W. from 20th Street S. W. to the South line of Apple Ridge; Regent Lane S. W.; Haralson Lane S. W.; Beacon Drive S. W.; Washington Lane S. W.; and Apple Ridge Boulevard S. W. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to adopt Resolution No. 125-85 apprvoing the project. Ayes(6), Nays (0).Motion carried. Powers moved, Solinger second to approve the appointment to the Police Department as follows: Brad Anderson to fill the position as Police Officer effective April 1, 1985. Ayes (6), Nays (0). Motion carried. Bluhm moved, Strain second to adopt Resolution No. 126-85 referring the petition received for Street Construction, Concrete Curb and Gutter, Storm Sewer, Sanitary Sewer and Watermain in 19th Avenue N. W. from the Southline of 28th Street N. W. to the Northline of Stevens Court Subdivision to the Public Services Department for a feasibility report. Ayes (6),Nays (0).Motion carried. Powers moved, Allen second to adopt Resolution No. 127-85 approving an amendment to the 1985 Community Development Block Grant agreement and allocating the $25,000. to the CDBG Contingency Account. Ayes (6), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 128-85 authorizing the Mayor and City Clerk to execute the Quit Claim deed to relinquish the driveway easements to property adjacent to Women's Shelter property. This is located on the East 62' of the W168' of Outlot 1, Cummings Addition except the N. 121feet thereof. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2381 CITY OF ROCHESTER, MINNESOTA AdjnurnPd Meeting No 28 - March 18, 1985 Agenda Item E-3 Powers moved, Solinger second to approve the request for temporary street closings as follows: 1. ENTERTAINMENT PLAZA- Monday June 24 through Saturday June 29 - closing of 1st Avenue S. W. from 3rd Ave. to the First Bank Alley. The band shell would be placed on 1st Avenue facing north to serve as an entertainment plaza each da during the noontime period and for evening entertainment specials. .Picnic tables and benches would be placed in the street. CRAFT FAIR - Wed., Thrus. Fri. June 26-28 closing of lst St. S. W. from Broadway to lst Ave. S. W. ( Stevenson's corner to 0 & B Shoe Store corner for the purposes of selling crafts. SATURDAY NIGHT STREET DANCE - Sat. June 29, 1985 closing of lst Ave. S. W. from and including the intersections of 2nd and 3rd Stree s S. W. - lst Ave. S. W. would be closed from 1st St. to 4th St. S. W. from the hours of 6 P.M. to L A.M. ICE CREAM SOCIAL - Monday June 24 - request closing 2nd Ave. N. W. for one block on the west side of Central park and 1st St. N. W. on the south side of Central park from 3 P.M. to 9 P.M. The band shell will be located in the street on 2nd Ave. N. W. Also request clsoing 2nd St. N. W. on the north side of Central Park. This is with the approval of the Police Department and Fire Departments. This is in connection with ROCHESTERFEST '85 . Ayes (6), Nays (0).Motion carried. E-4 Strain moved, Solinger second to authorize the Rochesterfest Committee to work with Public Services in coordinating and schedulin vendors and approving bagged meter spaces for the Rochesterfest concessionaires. Ayes (6), Nays (0). Motion carried. E-5 Allen moved, Solinger second to authorize the free parking during Rochesterfest '85 evening hours and weekends in City Ramps - Monday June 24 through Friday, June 28 from 5 P.M. until closing and all day Saturday and Sunday. Ayes (6), Nays (0).Motion carried. E-6 Allen moved, Solinger second to approve the request to sell Buttons on sidewalks downtown during the week of June 17-29,.1985. This is requested from the Morning Pride Lions Club and connected with Rochesterfest '85. Ayes (6), Nays (0).Motion carried. E-8 Bluhm moved, Powers second to approve the semi-monthly Accounts Payable (list attached) in the amount of $1,060,105.71. Ayes (6), Nays (0).Motion carried. E-7 Bluhm moved, Powers second to approve the following licenses and bon s: Request received from the Pax Christi Men's Club for a temporary bee license for an event scheduled for April 12, 1985. The fee has been paid; pending departmental approvals. Request received from Ronald Erickson, new owner of Ron's Red Owl Stores for off -sale beer licenses, pending departmental approvals. Request received from Ron Erickson, owner of Red Owl Stores for Cigarette License at both locations; departmental approvals are being obtained. Request received from Dick Loomis for a Sewers and Drains License ending December 31, 1985. Departmental approvals have been obtained. Reque t received from Holiday Inn South for approval of asingle dance licens 2382 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - March 18, 1985 Agenda Item E-7 E-9 E-10 E-11 E-12 E-13 E-14 for March 16, 1985; departmental approvals were obtained. (This license was given prior approval by President Postier and Alderman Strain). Request received from Dale A..Schuman, Fox Lake Park, MN for a Limousine License for the period ending December 31, 1985. The following renewal licenses were received: Auctioneer - 1. Request was received from Jerry Chase, Stewartville, for an Auctioneer's license for the period ending December 31, 1985. The necessary bond and departmental approvals have been obtained. Request received from D & R Starr Vending Machines for approval of cigarette licenses in the following locations: Starlite Motel; Wood Motor Lodge, Tick Tock Motel, and Huey's Cigar Store. The required fees have been paid and insurance and departmental approvals obtained. In addition, the following renewal licenses were received: Off sale Liquor - 1; Cement.Sidewalks - 1. A bond was received in the amount of $500.00 issued by American Insurance Company. Bluhm moved, Allen second to adopt Resolution No. 129-85 awarding the bid for a 4-door sedan for the Fire Department to Clements Chevrolet. The amount to be $8,763.10. Ayes (6), Nays (0). Motion carried. Powers moved, Strain second to adopt Resoution No. 130-85 awarding the bids for liquid asphalt to Ashland Petroleum for Medium cure cutback $1.02 per gal; Koch Refinery for Rapid Cure cutback $1.083.per gallon; Northern States Asphalt - Cationic asphalt .677 per gallon. Ayes (6), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 131-85 awarding the low bid to Rochester Sand and Gravel for 2341 mix. at $24.00 per ton and Shamrock Enterprises at a price of $29.00 per ton and $39.00 per ton. Ayes (6), Nays (0).Motion carried. Powers moved, Solinger second to adopt Resolution No. 132-85 awardini, the bids for aggregate products to the following: Rochester Sand and Gravel - washed sand $3.80 per ton - Quarve - Anderson sealing chips at $3.90 and $5.85 per ton. Fraser Construction for washed sand $2.28 per ton - Shamrock Enterprises for the pit -run gravel $1.23 per ton and $2.68 per ton - crushed rock $253 per ton and $4.13 per ton - oversize rock $2.38 and $3.97 per ton. Ayes (6), Nays (0).Motion carried Bluhm moved, Allen second to approve the Amended Final Plan (Concept ) for Methodist Hospital PUD I -10. Th.is has the condition. that this amended plan is to file the final plan documents which will be reviewed by the Commission and considered by the Council at a future public hearing. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to instruct the City Attorney to prepare an ordinance approving the annexation by Ordinance 44.69 acres of vacant land along the east side of Rochester Country Club. Sec. 4 of Rochester Township. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ' CITY OF ROCHESTER, MINNESOTA �`�� Adjourned Meetinq No. 28 - March 18, 1985 Agenda Item E-15 Bluhm moved, Solinger second to adopt Resoution No. 133-85 approving the Establishing of the Urban Functional Classification plan and the Federal Aid Urban System. Ayes (6), Nays (0).Motion carried. E-16 Strain moved, Bluhm second to adopt Resolution No. 134-85 approving the Cooperative Agreement with ROCOG for Transportation Services for 1985. Ayes (6), Nays (0). Motion carried. E-17 Solinger moved, Strain second to adopt Resolution No. 135-85 approvir an Engineering service contract with Yaggy Associates for Basic Construction in Apple Ridge Project No. 8501 J 8895. Ayes (6), Nays (0).Motion carried. E-18 Strain moved, Allen second to adopt Resolution No. 136-85 authorizinc the City Clerk to advertise for bids on Project No. 6209-2-85 J 8882' Grading and Surfacing and Concrete Curb and Gutter on 9th Street S. E. from 3rd Avenue S. E. to 4th Avenue S. E. The date for a hearing will be April 10, 1985 at 11:00 A.M. Ayes (6), Nays (0). Motion carried. E-19 Solinger moved, Strain second to adopt Resoution No. 137-85 authorizing the.City Clerk to advertise for bids on Project No. 8107 =85 J 2123 - Renovation of Existing Deficient Catch Basins in th City's Storm Sewer system. The bids will be opened on April 10, 1985 at 11:00 A.M. Ayes (6), Nays (0).Motion carried. E-20 Bluhm moved, Allen second to adopt the following resolutions adopted by the Public Utility Board: Resolution No. 138-85 approving a contract with WHH & Associates to enter into a consulting service to conduct productivity and facility needs analysis - Phase II. Amount $44,000. Resolution No. 139-85 approving a contract agreement with Maass Plumbing and Heating Co. for boiler modifications to RPU warehouses. The amount to be $50,840.00. Approve Resoution No. 140-85 approving a purchase order agreement with Road MaN nery and Supplies Co. for repair of 1973 Michigan Loa^dd.r, Model 125 III A. Amount to be $18,747.48. Resolution No. 141-85 approving a contract for engineering services wit',;,Ulteig Engineers, Inc. for services including evaluation of alternatives, preparation of specifications and evaluation of quotes, review of shop drawings , installation inspection including field engineering services for relocation of 41 street transmission line. Cost estimated $40,000.00. Ayes (6), Nays (0). Motion carried. E-21 Strain moved, Bluhm second to table the request to waiver the fee for a carnival license to be held at Apache Mall . More information was needed. Ayes (6),Nays (0).M0tion carried. E le ' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 23$4 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - March 18, 1985 Agenda Item I i E-22 Allen moved, Strain second to approve the Annual Rochester Methodist Hospital Life Run and Family Health Affair on May 3 and 4, 1985. Ayes (6), Nays (0).Motion carried. E-23 Allen mov:ed,Solinger second to approve the issuance of a Limousine Franchise to Dale A. Schumann, Sherburn, Minnesota and instruct the City Attorney to prepare the required ordinance. Ayes (6), Nays (0).Motion carried. E-24 Solinger moved, Powers second to approve the renewal of the limousi Franchise for a three year term recieved from the Rochester Transportation System ( Art Birdseye ) owner. The City Attorney is instructed to prepare an Ordinance for adoption. Ayes (6), Nays (0).Motion,carried. E-25 Bluhm moved, Strain second to adopt Resol.ction No. 142-85 authorizing the grant agreement with the administrator of the Urban Mass Transit Administration of the United States Dept. of Transp. to provide for capital assistance for the public transit system operated by the City Lines. Ayes (6), Nays (0).Motion carried. E-26 The request for an Off -Sale Liquor License location for MGM Liquor was brought before the Council. Alderman Allen wanted to know where an attorney, representing Brown's Liquor Store was when the Committee of the Whole discussed this. He was told they did not know about this meeting. Wishing to be heard was Ken Mohn, Attorney with Dunlap Law office and speaking on behalf of McCauley Rose, applicant (MGM Liquor ). He stated that they have an agreement with Brown Liquor to purchase the stock and that Brown and the Norwest Bank can sell the license upon Council approval. President Postier reminded that the agreements are between people, the Council only grants the license. Alderman Solinger reminded the Council that Brown still owns the license and at the present location. Solinger moved, Strain second to approve the Off -Sale license location to be located north of 5th Street N. W. adjacent to the Armed Services Recruiting Center in the vicinity of Barlow Plaza. Ayes (4), Nays ( ) Aldermen Allen and Powers voting nay. Motion carried. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochesterrand repealing Ord. No. 2365 and revoking the designation of PUD-R-74 created thereby. This was given its first reading. F-1 An Ordinance Annexing to the City of Rochester land in Section 4, Rochester Township in Olmsted Co.Minnesota 44.69 acres of vacant land along the east side of Rochester Country Club was given its first reading. I. F-1 An Ordinance Relating to Limousine Franchises; renewing the Franchise granted Rochester Transportation Systems, Inc. amending the RCO Sec. 97.17 was given its first reading. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ���� Adjourned Meeting No. 28 - March 18, 1985 Agenda Item F-1 An Ordinance Relating to Limousine Franchises; granting a non- exclusive franchise to Dale A. Schumann DBA Schumann Limousine Service; amending Chapter 97 of the RCO by adding a section was given its first reading. F=1 An Ordinance Relating to Sewers; providing for assessment of certain unpaid charges, amending the Rochester Code of Ordinances Section 77.12 was given its second reading. Bluhm moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Relating to Non -Intoxicating Malt Liquor; prohibiting the sale thereof during certain hours; amending the Rochester Code of Ordinances Section 126.10 was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 143-85 formally establishing an Energy Awareness Committee. Ayes (6), Nays (0). i iotton carried. F-1 Powers moved, Solinger second to adopt Resoultion No. 144-85 approving the Election Judges and the.l`ocation of the polls for the 1985 elections. Ayes (6), Nays (0).Motion carried. G-1 Powers moved, Solinger second to remove: the Proposed assessment on Project J 8865 New Sidewalk Project No. 1-1984 from the table. Ayes (6), Nays (0).Motion carried. Bluhm moved, Powers second to adopt Resolution No:. 145-85 accepting -the assessments. Ayes (6), Nays (0).Motion carried.. G-2 Bluhm moved, Allen second to remove the Petition to vacate the platted but undeveloped 17th Street S. W. Right-of-way in the Plat of Toogood Terrace from the table. Ayes (6), Nays (0).Motion carried., Bluhm moved, Allen second adopting Resolution No. 146-85 approving the vacation contingent upon the easement agreement being granted and utility .and -street easements to.serve the Weiland and Wang properties. Ayes (6), Nays (0).Motion carried. Having no further business, Bluhm moved, Allen second to adjourn the meeting. Ayes (6), Nays (0).M ion carried. _ Gl City Clerk Information 3-18-85 I. Committee of the Whole minutes 3-4-85 2. Notice of Summons - Rochester Fertilizer Co. vs City of Roch. Referred to Insruance ( Finance Dept. ) and City Attorney.