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HomeMy WebLinkAbout06-15-19872896 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item A-1 B-1 Im B-3 President Postier called the meeting to order at 7:30 P.M. the following members being present: President Postier, Aldermen Bluhm, Hunziker, McConnell, Solinger, Strain. Absent: Alderman Canfield. A Hearing on the Zone Change Request from B-lb District to the B-4 District on property located at 2810 North Broadway ( Recreation Lane Having no one present that wished to be heard, President Postier clZ the hearing. Solinger moved, McConnell second to instruct the City Attorney to prepare the Ordinance making the change. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat of Rolling Meadows. Having no one present that wished to be heard, President Postier closed the hearing Solinger moved, Strain second to adopt Resolution No. 301-87 approvin the plat. Ayes (6), Nays (0).Motion carried. A Hearing on the Zone Change Request.from M-1 District to the M=2 District on property located at 412 Second Avenue N. W. ( Rochester Ready Mix ). Wishing to be heard.was Bob Haggerty of 2829 7th Avenue N. W. He represents Rochester Ready Mix and stated that company has been in business for 40 years and they would like to remove two old buildings - build a new office building and a storage garage with -:a screened wall as a buffer. They would streetscape the area . President Postier asked them if a conditional permit use would not have been sufficient. President Postier was told that Rochester Ready Mix was advised by the Planning Dept. to ask for the Zone change. Alderman Strain wanted to see this area on the map and to see the design for the new buildings. Wishing to be heard was Chris Batchelder of 415 16th Avenue S. W. and is Chairman of the Planning and Zoning Commission. He stated that the Planning Commission is trying to help the Rochester Ready Mix Company in their endeavor. The Commission denied the zone change request and recommended that a text amendment change to allow this cement factory to be one of the conditional uses in -the M-1 district was approved by the Planning Commission on a 7-0 vote. However, at a later meeting of the Planning Commission when the item of the Ready Mix Plant Conditional Use ( Text Change ) came up for a vote, the Planning Commission turned down this request - only for a text change what would affect the entire Ordinance - not singling out the Rochester Ready Mix. The Text amendment would affect the entire City rules. That is the status of this at this time. Mr.'Batchelder;tated that they would like to help the Ready Mix, but the Council would have to act on this first. Wishing to be heard was John Collins of Collins Feed and Seed. He owns a piece of property west of the Rochester Ready Mix and is opposed to this change. He stated.that the Ready Mix would increase business and they would.have more noise and traffic then they already have and he can't hear anything now. It is so noisy in his place of business he can't hear the customers. Also dust is a problem. !d I I 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2897 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item B-3 Mr. Collins thinks a business of this.size should be located out of the area where he has more room to function. Alderman McConnell asked -'Mr. Collins if he didn't think this improvement would be an asset to him. Mr. Collins stated no. Wishing to be heard was Bob DeWitz of 909 6th Street N. W. and has been a customer of Rochester Ready Mix for 39 years and is in favor of this zone change. Having no one else present that wished to be heard, President Postier closed the hearing. Discussion was held by th Council on what to do to help the Rochester Ready Mix. Alderman Hunziker stated that he went down to the plant and he did not notice any significant noise or any other problems. He thinks that a buffer as proposed would eliminate the noise that is present and would therefore help Mr. Collins even tho they would be building and maybe increasing the business. Having no further discussion, Strain moved, Hunziker second to table this item until the July 20, 1987 meeting in order to get the results:of the Planning and Zoning Commission. The Planning and Zoning Commission will be discussing the alternatives at a meeting within the next couple of weeks. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Application for a Planned Unit Development (Concept Statement ) for the Rochester Community College Apartments east of the 8112 Street and 21st Avenue S. E. intersection. Wishing to be heard was Dick Barbour and Randy Ashford of Weischelbat and Associates and are the architects for the project: They stated that they have parking on the south side of the property line but the way the buildings are laid out they are 24 parking spaces short. They also want the.Council to be aware that if a road is built between this complex and the Rochester Community College, then this could interfere with future expansion of the apartment complex. They would discourage a road from being built. Alderman Hunziker stated that a road in the area would not be a good idea. A path that is a 2 mile straight. -run from the dorms to the college is a good thing. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to approve this application with the following seven conditions: 1. At least 72 square feet of bel.ow grade storm shelter space shoulc be provided under each major entran:ce stairway. 2. A complete lighting and security plan be provided at the preliminary stage to address the concerns of the Crime Resistance Unit. The parking, garbage dumpster, and mailbox areas should all bi well lit. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2898 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item B-4 D-1 3. The sidewalk layout should provide for tenants to walk as directly as possible to the parking area, bike path to the college, or 8 1/2 Street S. E. Written assurances that the sidewalks can be built to the bike path across the property owned by the state (RCC) should be provided. 4. A parking study should be provided for the project indicating what percentage of residents in the two existing units have cars. The amount of parking provided in the project shoulld'be one space per two residents or the actual count as found for the exist- ing units, whichever is greater. Specific attention should be paid to providing parking controls ( curbs, fences, etc. 0 to keep the cars where they are suppose to be. 5. A building address system which clearly identifies each unit and is visible from the drive into the project should be provided to aid emergency services in finding the correct unit. 6. The property will need to be platted as required by Paragraph 64.404 of the Zoning Code. The plat can dedicate all existing and necessary new utility easements. 7. Include the adjacent.two units and 2.786 acres in this PUD so it can be administered under the Zoning Code as a single project. The private access to this proposed concept plan is through the previous project. Therefore access cannot be assured unless the entire private street is under one PUD. A site inspection found that cars were diagonally parked along the west side of the drive into the property. This should be prohibited or redesigned with additional bituminous area along the road to permit 900-.' parking. ' Vote was taken. Ayes (6) ,Nays (0).Motion carried. A Hearing on the Zone Change and Land Use Plan Amendment on 3.83 acres located west of Rochester Community College , property NE of the intersection of 8-1/2 Street S. E. and 21st Avenue S. E. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 302-87 approving the Land Use Plan and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (0). Motion carried. Catherine Marshall requested to be heard regarding Raspberry Brown's fence. Ms. Marshall lives at 1830 18th Avenue N. W. and lives directly behind Raspberry Brown's establishment. She has rocks in her lawn from the debris from the broken fence and she stated she ruined two lawn mowers from mowing into rocks. She has found other undesirable things on her lawn that people throw when they exit Raspberry Brown's late at night. She also mentioned that when the establishment closes, they throw the garbage in the cans around 1:00 A.M. and slam the covers down and this makes noise and disturbs her sleep. She complained to the Planning Dept. in November, 1986 and they found this establishment to be in violation of the broken fence and the manager was to have this fixed. As of this date the fence is still broken and none of the problems have been solved. She would like the Council to consider this violation. The Council advised staff to look at this problem and follow up on this matter- to see that the fence is taken care of 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-1 E-2 E-3 E-4 E-6 E-5 E-7 E-8 E-9 CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 3 - June 15. 1987 Hunziker moved, McConnell second to approve the allocation of $10,000. in CDBG Contingency Funds to the Women's.Shelter spinkling project, contingent upon their obtaining sufficient funds from other sources to complete the project. Ayes (6), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No. 303-87 acceptini. the donation of the State of Minnesota for 3.83 acres of land for construction of student housing and to convey the lands to the developer by quit claim deed. Ayes (6), Nays,(0). Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 304-87 accepting Federal Grant Assistance from the Federal Aviation Administration to construct terminal ramp improvements at the Rochester Municipal Airport and to authorize the Mayor and'City Clerk to sign all documents for the City of Rochester; to designate the Commissioner of Transportation, State of Minnesota, as designated agent for the City of Rochester and to advertise for bids to be opened at 11:00 A.M. on July 14, 1987. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to approve the following licenses Erect and Maintain Signs - Victory Sign Industries, Ltd.; Cigarettes over-the-counter - Weber and Judd; Non -Intoxicating 3.2 Beer - Off Sale - Nash -Finch Company DBA Econofoods No. 480; Cigarettes -over--the=counter Nash -Finch Company DBA Econofoods No. Auction - Downtown Business Assocation; On -Sale Non -Intoxicating 3.2 beer - Lourdes High School Class of 1962, Save :the Depot, Inc. and Rochesterfest Committee. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker� second to instruct the City Attorney to prepare the ordinance to amend R.C.O. .125A to allow for those establishments currently holding on -sale wine and beer licenses to sell strong beer without additional licenses if at least 60% of their receipts are attributable to the sale of food. Ayes (6), Nays (0).Motion carried. Solinger moved, McConnell second to approve-the.foll.owing activities: Car,Parade-and,Review - Valley Street Machines; March -Take Back' the Night Committee; Race -Rochester Women's Race. Ayes (6), Nays (0).Motion carried. Hunziker moved, Solinger second to approve the On -Sale Non-Intox. 3.2 Beer for Wong's Cafe at 4 Third Street S. W. Ayes (6), Nays (0). Motion carried. Hunziker moved, Bluhm second to approve the monthly bills - semi- monthly - in the amount of $2,957,670.14. Ayes (6), Nays (0). Motion carried. McConnell moved, Solinger second.to adopt Resolution No. 305-87 awarding the low bid submitted by Linwood Mining and Materials for one year's supply of pebble quicklime at $60.80 per ton. Ayes (6), Nays (0).Motion carried. 2900 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Solinger moved, Strain second to approve the Zone Change request from HC to R-l( Low Density Residential ) on 8.82 acres adjacent on the east side to Trunk Highway 63 South and North of Woodbine Street S. E. in the NE 1/4 of the SW 1/4 of Section 2 High Forest Township. Ayes (6), Nays (0).Motion carried. Strain moved, Bluhm second to adopt Resolution No. 306-87 setting a public hearing to be held on July 20, 1987 on the vacation of a portion of Public Street ROW of 37th Street N. W. platted adjacent thereto of Lots 1 and 2 Block 2 of Lot 4, Silver Acres Sdb. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 307-87 setting a public hearing to be held on.July 20, 1987 on the vacation of First Street S. W. between Blocks 24 and 31 and all unvacated alley! in Block 24 and West 20 feet of First Avenue S. W. from the Center of First Street S. W.to 35 feet south of the south line of the east -west alley in Block 24 in the Original Plat. Ayes (6), Nays (0' Motion carried. Solinger moved, Hunziker second to approve the Surveyors Certifica of correction and instruct the City Clerk.to sign the Certificate of Plat of Apple Ridge II. Ayes (6), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 308-87 approving the plans and specifications for the reconstruction of T.H. 63 (Broadway ) from 4th Street South to 4th Street North. Ayes (6), Nays (0).Motion carried. Solinger moved, McConnell second to adopt Resolution No. 309-87 approving the cooperative agreement for the Construction Cost Participation of T.H. 63 ( Broadway ) from 4th Street South to 4th Street North and the Mayor and City Clerk to execute all ducuments pertaining to this project. Ayes (6), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 310-87 authorizi the Mayor and City Clerk to sign the agreement with Dakota, Minnesota and Eastern Railroad Corporation for track removal on Broadway , Proje.ct No. 6300-N & S J 8859. Ayes (6), Nays (0). Motion carried. Bluhm moved, Strain second to adopt Resolution No. 311-87 approving the Annual Maintenance Agreement with Mn/DOT for a total reimburse- ment to the City of $10,050.09 and the Mayor and City Clerk will execute the agreement on behalf of the City. Ayes (6), Nays (0). Motion carried. Strain moved, Hunziker second to adopt Resolution No. 312-87 &313-8; approving the feasibility report and.,ordering a hearing on Project No. 8705 J 8996 - Extension on San. Sewer and Watermain in 48th Street N. W., Tongen Avenue, 51st St. N. W. and West Frontage Rd. TH No. 52 to serve Cavilima First Sub. Tongen 1st Sub.. Tongen 2nd Sub. and adjacent lands. Hearing will be July 6 1987. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item E-19 Solinger moved, Strain second to adopt Resolution No. 314-87 and 315-87 approving the feasibility report and ordering a hearing to be held July 20, 1987 on Project No. 6210 1/4 -2-87 J 8990 - Curb and Gutter, Street Grading and Surfacing on 10 1/4 Street S. E. from First Avenue S. E. to approx. 245 feet west. Ayes (6), Nays (0). Motion carried. E-20 Bluhm moved, McConnell Second to approve the initiation of Rezoning of City Land to be traded to Plaza 41 ( zoning change from R-1 to B-4 ) This is referenced as the Thompson Reconveyance to be traded for Plaza 41. Ayes (5), Nays (1). Alderman Strain voted nay. Motion carried. E-21 McConnell moved, Bluhm second to adopt Resolution No. 316-87 amendi Section K Municipal Parking Lots to raise rates to allow for the sales tax on parking revenues. Ayes (6), Nays (0).Motion carried. E-22 Solinger moved, Strain second to adopt Resolution I`b'. 317-87 amendini Section K of the Comprehensive Parking Resolution to initiate First Street Ramp (19 Second ST. S. E. ) and to renumber the East River Lot to 103 Third St. S. E.) Ayes (6), Nays (0).Motion carried. E-23 Bluhm moved, Hunziker second to adopt Resolution No. 318-87-to establish a hearing on July 20, 1987 to consider the Handicap Accessibility Assessment and Program for the Rochester Mass Transit Assistance Program. Ayes (6), Nays (0).Motion carried. E-24 McConnell moved, Solinger second to adopt Resolution No. 319-87 awarding the contract to the low bidder, Swenke Company, Inc. for $27,288.00 for Project No. 6314-1-87 J 4353-Sanitary Sewer Relief Line on 14th Avenue N. E. from 7th Street to 9th Street N. E. Ayes (6), Nays (0).Motion carried. E-25 McConnell moved, Hunziker second to adopt Resolution No. 320-87 awarding low bid of $61,535.10 submitted by Diversified Concrete for Sidewalk Replacement Project No. 1-1987 J 8987 . Ayes (6), Nays (0).Motion carried. E-26 Strain moved, Bluhm second to award the low bid of $63,574.20 to Elcor Construction Company ( Resolution No. 321-87 ) for Sidewalk Replacement Project No. 2-1987. J 8988. Discussion was held by the Council on why only one bid was submitted. Bob DeWitz of Rochester Mn. and frequent bidder stated that since the penalty clause.was made a part of the rules of bids bidders are hesitant to bid on sidewalks. Also, Mr. DeWitz stated that disagreements have occurred between the bidders and the sidewalk personnel of the City Public Services,Dept. and that is another reason why contractors do not want the sidewalk jobs. Having no further business, vote was taken. Ayes (5), Nays (1). Alderman Solinger voted nay. Motion carried. E-27 Strain moved, Bluhm second to adopt Resolution No. 322-87 approving the low bid of $42,221.00 for Sidewalk Project No. 3-1987 J 8991. Strain moved, Bluhm second to approve the project subject to the School -:Board approval. Ayes (5), Nays (1). Alderman Solinger voted Motion carried. 2901 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2902 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item E-28 -29 E-30 E-31 F-1 F-1 F-1 F-1 Hunziker moved, Strain second to adopt Resolution No. 323-87 awardi the low bid to Elcor Construction Company for $33,273.00 for Sidewalk Replacement Project No. 4-87 J 8992. Ayes (5), Nays (1). Motion carried. Alderman Solinger voted nay. Solinger moved, Strain second to adopt Resolution No. 324-87 for Project No. 6221=3-87 J 4349 Storm Sewer Impts. in 21st St. S. W. from TH No. 63 to 5th Avenue S. W. ordering.the project to be made and authorize the City Clerk to advertise for bids. Ayes (6), Nays (0).Motio.n carried. Solinger moved, Bluhm second to adopt the following resolutions as submitted by the Public Utility Board: Resolution No. 325-87 approving a purchase order for $23,390. with Elcor Construction Company for steam manhole removal. Resolution No. 326-87 approving a punccase order agreement with Border States Electric Supply for furnishing Capacitors for a price of $24,3256.00. Resolution No. 327-87 approving a punccase order with Alton M. Johnson for furnishing 7 outdoor capacitor voltage transformers in the amount of $25,500.00. Resolution No. 328-87 approving a purchase order with Bergstrom Verbarg Company for 4 outdoor three -pole group operated disconnect switches in the amount of $23,480.00. Ayes (6), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 329-87 authorizing the Energy Awareness Committee to apply for a $30,000. Energy Conservation Grant. Ayes (6), Nays (0).Motion carried. An Ordinance on the Zoning Change from B-lb ( Neighborhood Business) District to the B-4 ( General Business ) District on property located at 2810 North Broadway- ( Recreation Lanes) was given its first reading. An Ordinance on the Zone Change for the Rochester Community College Apartments east of 8 1/2 Street and 21st Avenue S. E. intersection was given its first reading. An Ordinance amending the R.C.O. 125A allowing for the on -sale of strong beer for those licensees holding an on -sale wine and on - sale non -intoxicating malt liquor license was given its first reading. An Ordinance creating PUD-B-90 (Fiksdal Motel) was given its second reading. Bluhm moved, McConnell second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 3 - June 15, 1987 Agenda Item 0 F-1 Strain moved, Bluhm second to adopt Resolution No. 330-87 approving the entering into an owner agreement with Southwest Woodland Partners for the project entitled " Public Improvements to Baihly Woodland 6th Sub." The Mayor and the City Clerk are authorize( to sign said agreement on behalf of the City. Ayes (6), Nays (0). Motion carried. Having no further business, Solinger moved ;,Hunziker second to adjourn the meeting until 4:30 P.M. June 22, 1987. Ayes (6), Nays (0).Motion carried. er Information - 6-15-87 1. Notice of Complaint - Julie Johnson, Charles H. Krueger - Referred to: City Attorney and Finance Dept.