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HomeMy WebLinkAbout11-07-19881 Agenda Item C-1 E-1 E-2 E=3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - November 7, 1988 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Aldermen Canfield -2:03 P.M., Hunziker, Solinger and Strain. Absent: Aldermen Bluhm and McConnell. Strain moved, Solinger second to approve the minutes of the October 17 and 24, 1988 meeting. Ayes (4), Nays (0).Motion carried. Solinger moved, Strain second to approve the appointment by President Selby of the Sewer and Water Special Assessment policy review Task Force: Dale Brown, 3424 Chalet Court N. W. Robert Reis, 1916 3rd Ave. S. W. Jerry Pestka of 1605 8 112 Ave. S. E., Mark Ostien, 619 6th Ave. N. W., Ewald Koepsell, 2335 16th Avenue N. W., Dee Tweed, 420 21st Ave. S. W., Clair Seibert, 1438 Damon Court S. E., Helen Mundahl of 1421 20th Avenue N. E., Bill Malleris of 1306 7th St.'N. W., Doris Blinks of 2715 Salem Road S. W., Iry Nehring, Marquette Bank Bldg. The purpose of the task force is to review the Council's past practices and current policies concerning the extension of sewer and water services to developed, newly annexed areas, investigate the various options for financing the cost of providing these service and make recommendations to the Council on the preferred method of financing future sewer and water extensions to developed areas. Ayes (5), Nays (0).Motion carried. Strain moved, Canfield second to approve the following 1989 Community Development Block Grant appropriations: HRA Rehab. - $190,000.00 Contingency 5,000.00 Omnia Family Services 20,000.00 Women's Shelter (Rehab) 19,800.00 RAEDI 50,000.00 Child Care Resource and Referral 22,200.00 Ability Building Center 5,900.00 Association for Retarded Citizens 10,200.00 Family Counseling and Home Services 5,600.00 SE Mn. Center for Independent Living 15,100.00 IMAA 55,600.00 Total $410,000.00 Ayes (5), Nays (0).Motion carried. Canfield moved, Hunziker second to approve the Re=appropriations of $387.00 in 1986 Tree Removal Subsidy funds to 1988 Tree Removal Subsidy account. and - Re -appropriate $20,000 from Omnia Family Services account to 1988 General Adm. Ayes (5), Nays (0).Motion carried. Strain moved, Hunziker second to approve the acquisition of property located at 312 1st Avenue S. E. in the Downtown Slum and Blight Targeted area as voluntary acquisition and to retain relocation consultant services to assist in tenant relocation. Ayes (5), Nays (0).Motion carried. 3201 3202 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 18 - November 7, 1988 Agenda Item E-4 Hunziker moved, Canfield second to approve the request of the Refuse Collection people to allow 6:00 A.M. collection of refuse in commerci and industrial areas as identified on the City zoning map on a three month trial basis. Ayes (5), Nays (0).Motion carried. E-5 Strain moved, Solinger second to approve the request that the Mn. Dept. of Transportation investigate improvements in lighting and signage, fencing and traffic flow and special controls to enhance pedestrian safety in the following areas: 1. TH 52 between Apache Mall and Barclay Square, inc. the 16th St. S. W. bridge closing 2. TH 63 between 14th St..North and Elton Hills intersection. Ayes (5), Nays (0 ). Motion carried. E-6 Solinger moved, Hunziker second to adopt Resolution No. 639-88 authorizing Change Order No. 2 with Sheehy Construction Co. for skyway project in the amount of $1,749. This adds 8 overflow scuppers to allow for roof drainage. Ayes (5), Nays (0).Motion carriE E-7 This will be taken up at the evening session. E-8 Solinger moved, Strain second to adopt the following resolutions as approved by the Rochester Public Utility Board: 1. Resolution No. 640-88 approving Change Order No. 2 to the construc ion contract with Rochester Sand and Gravel for Phase I Service CentE Construction by $166,625.48. 2. Resolution 641-88 approving an Electric Service Agreement with St. Mary's Hospital. Ayes (5), Nays (0).Motion carried. E-9 Canfield moved, Hunziker second to approve the following licenses & bonds: Request received from Carol Veloske, Action Plumbing and Heating for a Heat. Vent. and Air. Cond. Contractor's license thru Dec. 31, 1988 Hiawatha Homes Foundation, Inc. 1820 Valkyrie Dr. N. W. for a public auction at the Mayo Civic Center on Nov. 22, 1988 to sell Christmas Trees. John's Food Market applied for an Over -the -Counter Cigarette License for their store thru March 31, 1989. Kayo Oil Company - Ponca City Ok. for an Over -the -Counter cigarette license for their Jet Store located at 1401 North Bdwy. The Church of Resurrection for their annual renewal gambling license from March 1, 1989 thru March 1, 1990. T.I.P. - Turn in Poachers - Edina Mn. for a gambling permit to hold a raffle at the Rochester Elks Lodge on Jan. 23, 1989. (Tabled) Edwardo's at 530 llth Ave. N. W. for a dance permit at their establishment on Oct. 28 and 29 - This was given prior approval. Ayes (5), Nays (0).Motion carried. E-10 Strain moved, Hunziker second to approve the On -sale license to Honker Enterprises Inc. DBA Canadian Honker Rest. at 1239 Second St. S. W. Ayes (5), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 18 - Nov. 7. 1988 Agenda Item E- Hunziker moved, Strain second to approve the On -Sale and Sunday Intoxicating Liquor license to.the Great China Rest. at 4214 Frontag( Road Highway 52 North. Ayes (5), Nays (0).Motion carried. E-12 Strain moved, Canfield second to approve the off -sale Non -Intoxicat- ing malt liquor license for John's Food Market at 6 First Avenue , N. W. Ayes (5), Nays (0).Motion carried. E-13 'Hunziker moved, Solinger second to approve the request to split the assessments to developed lots in the following subdivisions: River Court II and Baihly Woodland 7th Sub. This was requested by Don Soderberg who owns these two subdivisions. Ayes (5), Nays (0).Motion carried. E-14 Hunziker moved, Solinger second to approve the Accounts Payable in the amount of $2,088,998.33. List on file with the City Clerk. Ayes (5), Nays (0).Motion carried. E-15 Strain moved, Canfield second to table the awarding of bids for the paint striping machine until the Nov. 21, 1988 meeting. Ayes (5), Nays (0).Motion carried. E-16 Solinger moved, Hunziker second to adopt Resolution No. 642-88 approving the cooperative agrement for Transportation Planning Services set forth under the terms and conditions-,ROCOG will provide transp. planning services on behalf of the City. Ayes (5), Nays (0).Motion carried. E-17 Strain moved, Hunziker second to set a hearing to be held on January 4, 1989 on the Urban Service District and Rural Service District for taxing purposes. 1. Cimarron 7th and 8th Sub. 2. Diamond Ridge Sub. 3. Foxcroft 3 and 4th Sub. 4. Villa Place Sub. 5. Willow Hills 2nd Sub.. 6. Wimbledon Hills Sub. Ayes (5), Nays (0).Motion carried. Resolution No. 642A-88 was adopte E-18 Alderman discussed the proposed Annexation request 88-10 of the Lilly Property along Country Club Road west of the Rochester Indoor Tennis Club. Mr. Fred Suhler, City Attorney stated that until the final annexation is approved, no action can be taken on the zoning request. Alderman Canfield was concerned about the possibilit of a new street,that of 25th Ave. S. W. Ron Bailey of Yaggy Colby Assoc. stated that the seller does not wan to lose the commercial zoning that is now enjoyed while they are in the County. Mr. Bailey feels that action on this request would not put the City in jeporady. Alderman felt that they needed more infor - ation on this and based on that Hunziker moved,.Strain second to table this for further discussion until December 19, 1989. Ayes (5), Nays (0).Motion carried. 3200 3204 Agenda Item E-19 E-20 E-22 E-21 E-23 E-24 E-25 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - November 7, 1988 Hunziker moved, Solinger second to deny the Metes and Bounds Conveyance 88-21 of Unplatted land located South and West of the Willow Heights Sub. Ayes (5), Nays (0).Motion carried. Solinger moved, Strain second to approve the Preliminary Plat No. 88- 25 of Parkwood Hills Fifth subject to the following three conditions: 1. The outstanding assessments on this plat be paid according to whatever is City standard policy or what the Council will permit. 2. The drainageway between Lots 1 and 18 can be kept at 15' as proposed, but in addition, the plat be modified to dedicate a 3' wide utility easement along each side of the drainageway to increase the overall width to 21' for access purposes. 3. All structures which encroach into the ROW or do not conform to the Zoning Code standards for bulk, density or setback requirements of the R-1 zone should be removed before the Final Plat is approved. If the dev. could work out an arrangement for the removal of the non- conforming structures with the Council the Comm. would have no objection. Ayes (5), Nays (0).Motion carried. Canfield moved, Hunziker second to approve Resolution No. 643-88 indicating the City intent to participate in the North Broadway TH 63 Construction costs from Northern Heights Dr. to 41st St. North. The estimated City cost is $624,463.00. Ayes (5), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 644-88 setting a hearing to be held on December 12, 1988 on the proposed project 8801 J 9024 - San. Sewer,Trunkline, plus San. Sewer and Watermain laterals to serve the Bamber Valley School and others in Sections 9, 10,15 and 16 in Rochester Township. Ayes (5), Nays (0).Motion carried. Strain moved, Canfield second to approve the revocable permit for encroachments around the BDG5 Office Building , Galleria and Radisson Hotel. The office building - 155 1st Ave. S. W. involves footings. The Galleria 111 So. Broadway involves footings. The Radisson Hotel involves footings and door swings. This request is granted subject to a Hold Harmless clause in fvor of the City. Ayes (5), Nays (0).Motion carried. Resolution No. 644A-88 was adopted Canfield moved, Strain second to table the request for Mn/Dot to rezone that segment of North Broadway lying S. of Northern Hills Dr. from its present zone of 45 MPH to 40 MPH. Ayes (5), Nays (0).Motion carried. Hunziker moved, Strain second to retain the firm of Smith, Schafer and Ferguson to conduct an examination of the financial statements for the Rochester City Lines Co. fro the year ended Dec. 31,1988. Ayes (5), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3205 CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 18 - November 7, 1988 Agenda Item E-26 Strain moved, Hunziker second to set a hearing.to be held on Dec. 19, 1988 to consider Proposed Eligibility Criteria for ZIPS Dial - A -Ride. Ayes (5), Nays (0).Motion carried. Res. 644;B)-88 adopted. E-27 Strain moved, Hunziker second to adopt Resolution No. 645-88 authoriz• ing the Change Orders 8,9,10,11 and 12 with Benike Construction Co. for the First Street Ramp in the amount of $10,960.00. Ayes (5), Nays (0).Motion carried. E-28 Strai:nmoved, Hunziker second to table the request from Public Servic for Change Order No. 1 North Yard and Pistol Range until the evening session. Ayes (5), Nays (0).Motion carried. E-29 Strain moved, Canfield second to adopt Resolution No. 646-88 authori- zing the City Clerk to advertise for bids on the Downtown Transit Station Improvements - Federal Project MN 05-0016. Bids to be opened on Dec. 1, 1988. Ayes (5), Nays (0).Motion carried. E-30 Strain moved, Solinger second to adopt Reso1ution No. 647=88 author- izing payment for extra work covered by Supplemental Agreement No. 1 J 9038 Sidewalk Replacement Project 1-1988. Ayes (5), Nays (0). Motion carried. E-31 Canfield moved, Solinger second to approve Supplemental Agreement No. 1 J 8930 - New Sidewalk Project on the West side - W. Frontage Rd. Hwy 52 - 2nd 6th St. The amount is $1,758.83. After Council dis- cussion, Canfield withdrew his motion and Solinger withdrew his seconc Strain moved, Solinger second to table this for further information. Ayes (5), Nays (0).Motion carried. E-32- Hunziker moved, Strain second to approve the appropriation of the sum of $38,000 from the Contingency Acct. 101-4972 to 4771 for the purposE of repairing the Civic Theatre roof and $54,050. from 301-2935 to 221• 4770 for the purpose of funding several unbudgeted improvements at the Mayo Civic Center. Ayes (5), Nays (0).Motion carried. F-1 Strain moved, Hunziker second to adopt,Resolution No. 648-88 approv- ing an owner contract for Basic Construction in Manor Woods 3rd Sub. to serve Lots 1 -4, Blk 1, Lots 1-7 Blk 2, Lots 1 and 2 Blk 3 and Lots 5 Blk 4, Drake Forbrook and Assoc. Inc. Ayes (5), Nays (0).Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No . 649-88 approvii an owner contract for Watermain to serve Lots 1 2,3,and 4 and Outlot 1 in Seville Sub. Wynnwood Corp. and Braaten Construction. Ayes (5), Nays (0).Motion carried. G-1 Solinger moved, Strain second to remove the Proposed San. Sewer and Watermain Ext. to serve the Kline parcels and Others in Oil City from the table. Ayes (5), Nays (0).Motion carried. Solinger moved, Strain second to deny the project. Ayes (5), Nays (0).Motion carried. E' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meeting No. 18 - November 7, 1988 Agenda Item G-2 This will be taken up at the evening session. Having no further business, Strain moved, Solinger second to adjourn the meeting. Ayes (5), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Hunziker, Solinger and Strain. Absent: Alderman Bluhm and McConnell. B-1 A Hearing on the Proposed assessment onE the Project 6257-83 J 8569 SW High Level Watertower. This is on Plat 5111 Parcel 00207. This was annexed into the City and the assessment is now being considered. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Strain second to adopt Resolution No. 650-88 levying the assessment. Ayes!(5), Nays (0). Motion carried. B-2 A Hearing on the Zone Change request No. 88-8 by S & S Moving and Storage. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunziker second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (0).Motion carried. B-3 A Hearing on the Final Plat of Bandel Hills 3rd Sub. Wishing to be heard was Ken Schultz of 2432 60th St. N. W. and wondered what this plat was about. Jeff Ellerbush of the Planning Dept. explained the plat procedure to him. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Strain second to adopt Resolution No. 651-88 approving the plat subject to the following three recommendations: 1. A 10' wide utility easement should be provided along for common lot lines of Lots 8 and 13 and Lots 10 and 11 in Blk 2 if the Water Dept. agrees to this change. 2. The two streets using the names of Edelweiss Lane and Schweizer Lane in this lat should be changed to numbered streets. 3. The developer should acquire from the owner to the North of the end of 25th Avenue N.W. and then provide to the City and easement to permit the extension of utilities into this property so the street and utlities can be completely extended to the plat boundaries Upon Roll call vote, Aldermen.Canfield, Hunziker, Strain and President Selby voted aye. Ayes (4), Nays (1). Alderman Solinger voting nay. Motion carried. B-4 A Hearing on the Zone Change from R-1 to R-2 and Concept Stage PUD on property west of the Rochester Indoor Tennis Club and along Country Club Road SW. Wishing to be heard was Ron Bailey of Yaggy Colby and urged the Council to approve this. He stated that the question the Planning Dept. had on the school bus entrance to this PUD was to have the bus stop at the entrance and pick up whatever school children at that point. Vans and ZIPS buses can get into the PUD Dev. Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, Strain moved, Solinger second to approve the PUD Concept. with the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3207 ' CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - November 7, 1988 Agenda Item B-4 Ifollowing conditions: 1. Sight distance of 735 feet must be provided for the driveway opening onto 2nd St. S. W. Country Club Road. 2. Sidewalk or bikepath will be required in the ROW'along the street on the N. side of the site. 3. Detailed drainage and stormwater management plan should be provided at the prel. plan phase. Drainage alg the East and West sides of the site is very impt. as well as surface runnoff from the parking lot and the act of getting the drainage under the road. 4. Watermain design should be appropriate to handle fire protection 6. 2 parking spaces per unit should be provided and it is suggested that more be provided. No. 5 should specify that the bussing prob- lem has been solved with.the School bus company and the PUD Developer Strain moved, to amend the motion and Solinger second to add No. 7 and that was to add enough space for proper recreation area. The amended motion was voted on - Ayes (5), Nays (0).Motion carried. The first motion was voted on - Ayes (5), Nays (0).Motion carried. B-5 A Hearing on the Appeal by Cecilia Gulson appealing the decision of the Zoning Board of Appeals which approved a variance request by Ronald Braash to permit a single family dwelling to be located with the required front yard. Wishing to be heard was Cecilia Gulson of 931 19th St. N. E. and urged the Council not to.approve_this 5' variance. She stated that it would change the look of the neighbor- hood and is not in favor. Also speaking in opposition was Mary Kinny of 1009 19th St. N. E. Ron Braasch of 2515 19th Avenue N. W. stated that he wanted this variance because of the shape of the lot and the way this dwelling had to be built on this lot. He urged the Council to approve this change as approved by the Rochester Planning and Zoning Comm. Ron Johnston of 1029 6th Avenue S. E. sold the property to Mr. Braasch and when he checked:.w.ith Planning and Zoning on this variance he was informed that this should be no problem. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to uphold the decision of the Planning and Zoning Commission to allow this 5' variance. Ayes (5), Nays (0).Motion carried. Res. 651A-88 was adoptEd. E-28 Hunziker moved, Canfield second to remove the Change Order No. 1 for North Yard and Pistol Range from the table. Ayes (5), Nays (0). Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 652-88 approving the Change order in the amount of $2,100.00. Ayes (5), Nays (0).Motion carried. E-33 Solinger moved, Hunziker second to approve the Change order on Radio Contract to add one additional radio in the amount of $2,714.65. Ayes (5), Nays (0).Motion carried. G-3 Strain moved, Canfield second to remove the Vacation request for 37th St. N. W. ( portion ) from the table. Ayes (5), Nays (0). Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 653-88 approving the vacation of a portion of 37th St. N. W. (Lots 1 and 2, Blk 1 - Replat of Lot 4, Blk 3 Silver Acres Sub. Ayes (5), Nays (0).Motion carried. 3208 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No.. 18 - November 7, 1988 Agenda Item G-2 F-1 The Centerplace Office Driveway approach permit was left on the table. An Ordinance rezoning to M-1 ( S & S Moving ) was given its first reading. Having no further business, Hunziker moved, Strain second to adjourn the meeting. Ayes (5), Nays (0).Motion carried. City Clerk INFORMATION - 1. Committee of the Whole Minutes - May 16, 1988 - August 1, 1988; AUg. 8, 1988; August 15, 1988 and August 22 - Sept. 7 Sept. 12, 1988 , Sept. 19, 26, 1988 and Oct. 3,10 and 17, 1988. Notice of Claims - Dewey Day - Betty and Stephen Hrivnok and Adrian Brakke - Ref. City Attorney and Finance Dept.