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HomeMy WebLinkAbout07-21-1986RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���,� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 21, 1986 Agenda Item President Postier called the meeting to order.at 7:30 P.M., the A-1 following members being present: President Postier, Aldermen Allen, Bluhm, Canfield, Hunziker, Solinger and Strain. Absent: None. Allen moved, Solinger second to approve the minutes of the July 7, 1986 meeting. It was noted by John Hunziker that the minutes should include the reason that he was absent from the July 7, 1986 meeting was due to a previous commitment that he had made to take the Boy Scouts out of town. The minutes of the July 7, 1986 are so corrected. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Final Plat of No. 86-17 Stratford Court. Wishing to be heard was Carolyn Eberhardt 1651 25th Avenue N. W. and was not present at the last couple of meetings regarding this matter, however she wanted.to speak to the Council of her concerns at this meeting. She is worried that if a PUD goes into the area, the drainage will be a problem as well as the catch basins will not be able to accommodate the overflow of water. She is also concerned about the buffer that will be used to separate her property from the PUD. It was noted that bushes will be used as a buffer. She thinks a fence of some sort will be a better buffer. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 420-86 approving the plat. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Final Plat No. 86-12 Cantebury Subdivision. Wishing to be heard was Larry Bielenberg of 954 Elton Hills Place. Roch. He is the developer of the project and agrees with the recommendation of the Planning Dept. He would however.like to leave -the garage on the premises where it sraddles the line between Lots 4 and 5 of the plat. This garage will be removed next spring and in order to assure the City that this will be done, he recommends that the building permit would be denied until he removes the garage. Alderman Solinger asked Mr. Bielenberg what time he was setting to remove the garage, Mr. Bielenberg stated spring very early summer. Having no one else present that wished to be heard, President Postier closed -the hearing. Solinger moved, Canfield second to adopt Resolution No. 421-86 approving the plat subject to the garage being removed by May 15, 1986 or sooner if construction begins. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Planning Commission No. 86-7 Petition to change the zoning district from R-1 to R-2 on .9 acres located at the southwest corner of 3rd Avenue and 18th Street S. W. Having no one present that wished to be heard, President Postier closed the hearing. After Council discussion on the concern about the narrow street, Alderman Strain stated that there are many streets already established in the Golden Hill area and with the no parking ban , the streets should be wide enough for the cars to pass each other. He thinks if this was a new area the City should take steps to make the street:z wider, but this is a case where the streets were already constructed. Having:no further discussion, Bluhm moved, Allen second to instruct the City Attorney to prepare an Ordinance making pr 2690 Agenda Item B-4 B-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 4 - July 21 1986 this change and request that the Traffic Department consider removing the parking on 18th Street to 3rd Avenue adjacent to the property and include this exclusion when the final plat is submitted. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed sidewalk and Curb on West side of West Frontage Road T.H. 52 and 2nd Street S. W. to 6th Street S. W. Project No. 6317-3-86 J 8930. Wishing to be heard was Walt Larson of Oronoco and states that when he visits people in Hallmark Apts. he notices that people walking to Miracle Mile need a sidewalk to get to the Mile without walking in traffic. He is in favor of this project. Roger Plumb, Public Services Director presented slides of the area showing the need for sidewalk. Having no one else present that wished to be heard,.President Postier closed the hearing. Alderman Hunziker questioned the placement of this sidewalk and stated that the area was not big enough, plus it might block some doors to businesses as well as causing the need to relocate power poles etc. After Council discussion Canfield moved, Solinger second to adopt Resolution No. 422-86 approving the project. Ayes (6), Nays (1). Alderman Hunziker voted nay. Motion carried. A Hearing on the proposed project No. 6207-4-86 J 8961 - Grading and Surfacing,Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer, Watermain and Service Connections in 7th Street N. W. from the West line of Country Club Manor 4th and 7th Subdivision to approximately 1430 Feet West. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to adopt Resolution No. 423-86 approving the project. Ayes (7), Nays (0) Motion carried. A Hearing on the Previously Deferred Special Assessments Project No. 7308-0-73 J 8496 - Sanitary Sewer Trunkline along C.N. W. R.R. from E. Line W 112 Sec. 34-107-14 to W. line Section 29-107-14. Wishing to be heard was Paul Radichel of Northstar Co. of Mankato,Mn. and urged the Council to defer these assessments because of the placement of the land that is under consideration. He stated that he. cannot get access to a road from his property and thus the assessment would not benefit him at all. Alderman Strain stated that this should be reassessed and interest being charged. This could be delayed to 5 years or whenever this is developed, whichever comes first, but Alderman Strain feels that interest should accumulate. Alderman Canfield stated that he does not think this should be assessed before they have access to any sort of road. Alderman Strai stated that access could be made by building a bridge or some other means and he still feels that this should be reassessed and interest charged. Alderman Allen stated that unless Circle Drive is built he cannot get access and that he is virtually land -locked. Having no further comments and no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second t take no action on this matter but set a hearing on the 18th day of August, 1986. Ayes (7), Nays (0).Motion carried. 1 1 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Adjourned Meeting No. 4 - July 21, Agenda Item OF THE COMMON COUNCIL MINNESOTA 1986 D-1 Strain moved, Bluhm second to adopt Resolution 424-86 referring the -petition to the Public Services Department for the proposed improvements to reconstruct the drainage ditch with six foot wide concrete bottom adjacent to Bel Air 4th Sub. Ayes (7), Nays (0).Motion carried. D-2 Strain moved, Bluhm second to adopt Resolution No. 425-86 referring the petition to the Public Services Department for the local improvement for Water Service from 2nd Street S. W. to serve Aspen Townhouse Project. Ayes (7), Nays (0).Motion carried. E-1 Canfield moved, Bluhm second to approve the request of the City's participation in RACER ( Rochester Area Council for Economic Resources ) and appoint Chuck Canfield as the City's representative on this committee. Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried. E-2 Solinger moved, Allen second to approve the request for a street name change from 9 1/4 Avenue N. W. to Chalet View Lane N. W. Ayes (7), Nays (0).Motion carried. E-3 Allen moved, Strain second to approve the following l.icenses & bonds: Request received for approval as follows: Temporary On -Sale Non-Intox. 3.2 beer license from St. Pius X for a picnic on Sept. 7, 1986. Also received from St. Anargyrci Greek Orthodox Church on August 24, 1986 - Annual Greek Festival. Master Plumber's license received from John Gander, John Gander Distributing Center for a period ending Dec. 31, 1986. Auctioneer's License requested from Roger Bjerke for a period ending Dec. 31, 1986 Request received for a Erection and Maintenance of signs in the City from Kieffer and Company Inc. Sheboygan, Wisconsin Request for -an Annual Raffle license received from the Minnesota Waterfowl Assoc. This will be held at the Radisson Hotel. Auctioneer's License request received from Gil Gutknecht of Rochester for a period ending Dec. 31, 1986. Request received for an Annual Raffle License received from Poachers T.I.P. Inc. to occur at the Rochester Elks Lodge. Request received from the American Legion Aux. No. 92 of 17 No. Broadway for a Charitable Gambling License. Request recevied from Tim Edwards for a single dance permit to be held on the 18th and 19th day of July, 1986. This will be held in the parking lot of Edwardo's. Ayes (7), Nays (0).Motion carried. E-4 Bluhm moved, Strain second to approve the request for an On- Sale Non -Intoxicating Malt Liquor license to the new Daikoku Rest. Inc. dba Sakura Restaurant at 848 South Broadway. Ayes .(7), Nays (0). Motion carried. E-5 Bluhm moved, Canfield second to approve the request received from the CAUSA Ministerial Alliance church to set up literature distribution but NOT the use of tables to do so. Ayes (7), Nays (0). Motion carried. Ir 2700 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 21, 1986 Agenda Item E-6 E-7 E-9 E-10 E-11 E-12 Discussion was held on the request received from the Dancing for Dinners Open Air -Charity event. Mark Jensen of Marion Box 76 Roch. Mn. was present and he stated that the event was to raise money for charity in a place that was neutral to the public attending so it is for this reason that they would like to have space in'the.downtowr area. After Council discussion, President Postier reminded the Council.that if they approve this request they will be setting a precident and would have a difficult time not to honor the future requests. Canfield moved, Strain second to approve the request with use of the parking lot next to the Fire Station on Broadway with the stipulation that no access is made off Broadway. Ayes (6), Nays (1). President Postier voted nay. Motion carried. Bluhm moved, Allen second to approve the annual sidewalk sales days July 31, thru August 2, 1986 and to erect barricades on First Avenue S. W. between Center Street and First Street S. W. and close First St. S. W. between Broadway and First Avenue. Alderman Strain was concerned about the safety of the pedestrians that would be walking down the sidewalks during this event. He stated that many people are left walking in the street so that they can get through. It was noted that the merchants should leave an isle for said people to pass thru and arrange their merchandise accordingly. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the request for the Bridgeman's Sunday Run on July 13, 1986. The route has been approved by the Rochester Police Department. Ayes (7), Nays (0).Motion carried. Allen moved, Solinger second to approve the request for a Rochester Peace Walk and Rally scheduled for September 21, 1986 around Silver Lake. The route has been approved by the Rochester Police Dept. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Accounts Payable (list on file in the City Clerk's office ) in the amount of $1,462,306.32 . This is semi-monthly. Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to adopt Resolution No. 426-86 authorizinc the City Clerk to advertise for bids on a five full size patrol cars and one mid -size sedan. Bids to be opened at 11:00 A.M. on August 11, 1986. Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 427-86 author- izing the City Clerk to advertise for bids on the season's supply of rock salt. Bids to be opened at 11:00 A.M. on August 12, 1986. Ayes (7), Nays (0).Motion carried. 1 1* E-13 Strain moved, Hunziker second to adopt Resolution No. 428-86 approving the contract for the services of Jere Lantz as the Roch- ester Symphony Music Director for a period of July 1, 1986 - June 30, 1988 at a salary of $37,500.00 Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-14 E-15 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 21, 1986 Strain moved, Bluhm second to approve the No. 86-20 Metes and Bounds Conveyance of unplatted land at 4th Avenue and 12th Street S. W. and adopting Resolution No. 429-86 approving the conveying of this property. Ayes (7), Nays (0).Motion carried. Wishing to be heard regarding the PUD No. 86-4 on Valleyhigh Village Replat - Preliminary Plan was Jeff Thisus the petitioner and has no problems with the recommendations as set by the Planning Dept. He was concerned about the required shelters ( Storm ). He stated that the buildings had concrete in the measuring 4 foot sub grade and 4 foot over grade and that this lower level in the structures would meet the storm shelter level. He stated that the structure is free from glass that might fly out during a storm. Alderman Strain thinks that this should be in writing. Alderman Solinger stated that this covers a large acreage and one shelter in the middle could cause a problem for the tenants in getting to the shelter during a storm. It might be safer to have the form of shelter in each unit. Chris Colby , architect for the project stated that the area would be free of glass ( windows in the lower 11 and would be perfect for a storm shelter. Fred Suhler, City Attorne; stated that the City would not be taking any risk in providing this shelter in each structure. Having no further comments, Allen moved, Bluhm second to approve the PUD with the following recommendations: 1. Provide an overall lighting plan following the guidelines outlined by the Crime Resistance Unit and have the plan approved by that Department. 2. Indicate mailbox locations on the plan and provide an addressing program for the unit. 3. Overflow parking should be provided in Phase II which presently has none. Single parking spaces can be accommodated in this cluster without disruption to the layout. 4. The entire PUD should be under a single homeowners association or since the project will be built in phases, a master or umbrella associatioi controlling the common recreation space be provided and sub associat ions for each phase could then be prepared. The staffs concerns is that all residents of the project no matter what phase or cluster they live in have the right to use the recreation area for the project which is along the Valleyhigh Drive side. 5. Sidewalk is needed along 30th Avenue N. W. and 25th Street N. W. Applications for permits needed for sidewalks and approaches before construction. 6. Easements will be required for the public watermain on -site, also a contract between the City and Owner must be perpared to guarantee the construction of the "Public Watermain". Plans and specs must also be prepared. Ayes (7), Nays (0).Motion carried. E-16 Allen moved, Bluhm second to the setting of a hearing to vacation No. 86-11 Petition utility easement locagted at Nays (0).Motion carried. E-17 Strain moved, Allen the transfer of the N 1/2 of the SW 1/4 Motion carried. adopt Resolution No. 430-86 be held on August 18, 1986 on to vacate a portion of the 5' 2114 13th Avenue N. W. Ayes approving the second to adopt Resolution No. 431-86 authorizing property with Lowell Penz in the SW 1/4 of the of Sec. 6, Twp. 106 N R 13W. Ayes (7), Nays (0). 2701 2702 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 21. 1986 Agenda Item E-18 Bluhm moved, Strain second to adopt Resolution No. 432-86 authorizing the termination of the temporary easement contingent on payment from the time the easement would be terminated to December 31, 1986 on Project No. 6107-85 J 8890 - John Jasik owner of Lot 5, Block 5 Hilm is Highview Acres No. 2. Ayes (7), Nays (0).Motion carried. E-19 Strain moved, Bluhm second to adopt Resolution No. 433-86 approving he adding of paragraph 102.5) of the Sec. B No Parking Zones: (102.5) Fourth St. S. E. on the North side from 19th Avenue to a point 300 feet, more or less, west of 19th Avenue at all times. Ayes (7), Nays (0).Motion carried. E-20 Strain moved, Allen second to authorize the City Clerk to advertise for bids on the furnishing and installing improvements to the mixing equipment in the lst stage aeration basins at the Water Reclamation Plant. Bids to be received by 11:00 A.M. on August 14, 1986. Ayes (7), Nays (0).Motion carried. Res. No. 434-86 was adopted E-21 Allen moved Canfield second to adopt Resolution No. 435-86 ordering 9 Project No. 8601 J 2226 - Reconstruct Corner Radii for Truck Routes at various locations and authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on August 13, 1986. Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, Allen second to adopt Resolution No. 436-86 approvin the project to be made and authorizing the City Clerk to advertise for bids on the following Project No.6200-E-86 J 4348 - Sanitary Sewer Repair at Various locations Southeast. Bids to be opened at 11:00 A. M. on August 13, 1986. Ayes (7), Nays (0).Motion carried. E-23 Bluhm moved, Solinger second to adopt Resolution No. 437-86 ordering the project to be made and ordering bids on Project No. 6207-1-86 J 4347 - Sanitary Sewer Repair at various locations N. E. Bids to be opened at 11 : 00 A. M. on August 13, 1986. Ayes (7), Nays (0). Motion carried. E-24 Solinger moved, Strain second to adopt Resolution No. 438-86 orderin the project to be made and ordering bids on Project No. 6317-3-86 J 8930 - Concrete Sidewalk and Integrant Curb on the West Side of the West Frontage Road Trunk Highway No. 52 from 2nd Street S. W. to 6th Street S. W. Bids to be opened at 11:00 A.M. on August 13, 1986. Ayes (7), Nays (0).Motion carried. E-25 Strain moved, Allen second to adopt Resolution No. 439-86 ordering the preparation of the assessment roll and ordering a hearing to be held on August 18, 1986 on Project No. 6201-4-85 J 8885 - Reconstruction of 1st St. N. W. from 7th Avenue N. W. to llth Avenue N. W. Ayes (7), Nays (0). Motion carried. Res. 440-86 was also adopted. E-26 Allen moved, Solinger second to adopt Resolution No. 441-86 approving Supplemental Agreement No. 1 for Project No. 6310-3-85 loth Avenue S. W. J 8917. The amount is $3,540.00. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2703 Adjourned Meeting No. 4 - July 21, 1986 Agenda Item E-27 Strain moved, Allen second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 442-86 approving a contract agreement with Bergerson-Caswell for furnishing deep well turbine pumping unit - Well No. 17 at 4th Street S. E. reservoir. The amount not to exceed $30,500.00 Resolution No. 443-86 approving a contract agreement with Chicago ani Northwestern Transportation Co. for coal from West Harrisburg Illinois at a rate as stated in the proposal dated June 6, 1986. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain property to R-2 ( Low Density Resident. ial ) in Block 14 Golden Hill Addition was given its first reading. 18th St. and 3rd Avenue S. E. ). F-1 An Ordinance Relating to Street Names; renaming 9 1/4 Avenue N. W. as platted in Elton Hills North Fourth Subdivision; amending the RCO Sec. 75.01 was given its first reading. E-28 Solinger moved, Strain second to adopt Resolution No. 444-86 approving the lease with the County of Olmsted to lease space in Building 6 of the Olmsted Co. Government Campus for the Dept. of Building and Safety. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance approving the amendment of IntoxicatingLiquor provisions; issuance of License at the Civic Center 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 Annexation of Lot 49, North Sunny Slope Sub. ( Proeprty address is 997 Skyline Lane S. E. ) was given its second reading. Allen moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 Solinger moved, Bluhm second to adopt Resolution No. 445-86 approvini, a certain letter of understanding to the State Bank of LaCrosse Wisconsin in the form as Exhibit A on file in the City Clerk's Office relating to a lease between the City of Rochester and Barbour Inc. for certain lands on which Barbour Inc. is contruct- ing a student housing project at the Rochester Community College. Ayes (7), Nays (0).Motion carried. G-1 Solinger moved, Strain second to remove the Vac. 85-25 - Petition to vacate the west three feet of the 10 foot utility easement located at 4314 and 4316 13th Avenue N. W. from the table. Ayes (7), Nays (0).Motion carried. After discussion, Aldermen wished to advise Mary Andersen of 4314 13th Avenue N. W. that she is on the public ROW and that she should move this garage. It was noted by Aldermen that the amount of money ( $245.00 ) would be refunded to her. She had spent this much on permits to build the garage in the area that was not allowed. Since this was not her fault, this money could be used to move the garage off the ROW. 2704 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 21, 1986. Agenda Item G-1 F-1 Having no further discussion by Aldermen Bluhm moved, Strain second to deny the vacation request and that we refund the applicant $245.00. Ayes (7), Nays (0).Motion carried. Having no further business Allen moved, Strain second to adjourn the meeting until 300 P.M. on July 29, 1986. Ayes (7), Nays (0). Motion carried. City Clerk Information 7-21-86 The following are notices of claims received and referred to the City Attorney and Finance: 1. Dennis Hess and Dallas Dirke 2. Reverend William Bowlby 3. Emily Gorski 4. Keith Schwanke 5. Committee of the Whole minutes of May 19, 1986 and July 7, 1986.