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HomeMy WebLinkAbout03-06-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3259 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - March 6, 1989 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Bluhm , Canfield, Hunziker ( arrived at 2:03 ) McConnell, Solinger and Strain Absent: None. Bluhm moved, McConnell second to approve the minutes of the February 6 and 22, 1989 meetings. Ayes (6), Nays (0).Motion carried. Alderman Hunziker arrived. C-1 Strain moved, Canfield second to approve the following appointments by.Mayor Hazama to the Music Board: Dick Edwards, 1336 Woodland Dr. S. W. Second Ward -replacing Ardell Brede - term runs to Jan..1992. Daniel Kutzke ( Sixth Ward ) 3315 Chalet Dr. N. W. replacing the unexpired term of Pamela Haase - term runs to January , 1992 Peg Mattke , 211 Woodland Ct. Elgin, Mn. - Ex officio replacing Lance Davenport; Margaret Drew, 1426 West Center St. At Large, fills the expired term of Mary Jo Pappas 1- Term to January 1992. Ayes (7), Nays (0).Motion carried. E-1 Solinger moved, Hunziker second to approve the designation of the HRA as the City's non-profit agency for the HUD Homeless Program for home leased from HUD. Ayes (7), Nays (0).Motion carried. E-2 Bluhm moved, Strain second to adopt Resolution No. 112-89 authorizing the City.Clerk to advertise for bids on the purchase and installation of planters, benches, and waste containers for the Broadway Reconstruction project. Ayes (7),Nays (0).Motion carried. E-3 Strain moved, Bluhm second to approve the following bills as approved by the Rochester Airport Commission: Mack Trucks of Rochester for a 1989 Model DM690S Truck with a Swenson Sand Spreader in the amount of $68,587.00. Ayes (7), Nays (0).Motion carried. E-4 Solinger moved, McConnell second to approve the following resolutions as approved by the Rochester Public Utility Board. Resolution No. 113-89 approving a contract agreement with Fuel Contracting Company for the Silver Lake Plant boiler repair and Maint. agreement -1989 in the amount of $100,000.00. Resolution No. 114-89 approving a purchase order agreement with Lee - Noonan Company for distribution transformers in the amount of $117,260.00:, Resolution No. 115-89 approving a purchase order with Graybar Electri Company for distribution transformers in the amount of $79,399.00 Resolution No. 116-89 approving a purchase order agreement with Burmeister Electric Company for distribution transformers in the amt. of $101,077.66. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3260 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - March 6, 1989 Agenda Item E-4 E-5 E-6 Resoltuion No. 117-89 approving a punccase order with KMA Associates for programming of the Time Management System in the amt. of $59,200.00. Discussion was held on the City position on the Proposed Comp. Water Resources Protection Act of 1989 for the'.State of Mn. Speaking on behalf of this resolution was Robert Pawelski of the Rochester Public Utilities. He stated that all people should be concerned about the clean water act and clean water in the state. He urged the Council to support this act and would add that he would like to see the Water Dept's. locally control the funding thru the community water systems all over the State of Mn. Otherwise he is in favor of this bill. Resolution No. 118-89 stating a favorable position on the Proposed Comp. Water Resources Protection Act of 1989 for the State of Mn. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 119-89 authorizing the Chief of Police and the City Clerk to execute a grant agreement on behalf of the City for use of preliminary Breath Testing devices by the Police Dept. Ayes (7), Nays (0).Motion carried Solinger moved, McConnell second to approve the followi-ng-licenses & Bonds: Request for a dance permit for March 18, 1989 from the Aviary Rest. 4320 Highway 52 North. Application for a Heating and Air Cond. Contractor's license received from Larry Thompson, Thompson Mech. Route 1 Plainview Mn. He also applied for a Master Installer's License Application for a license to erect and maintain signs received from L-S Sign Co. of 310 lst Avenue N. W. Faribault, Mn. Application for a license to erect and maintain signs received from the Signart Co., Inc. of Mendota Heights Mn. Request received from Mayo High School Booster Club for a raffle to be held on May 23, 1989. This supports the Mayo Band on a proposed trip. Application for a Gambling license for a period of May 1 1989 to May.-.T;:11=990 from the VFW Post No. 1215 at 16 6th St. SW. Application for a temp. gambling permit for a raffle at the Kahler Hotel on April 13, 1989 from Rochester Women's Ducks Unlimited. Application received from the Elton Hills, PTSA 1421 Elton Hills Dr. for a Temp. Gambling permit to hold a raffle at Elton Hills Ele. School on April 21, 1989. Application received from Blueberry Hill Rest. for a Temp. Dance Permit on March 11, 17 and 18 and 25, 1989. Application received from the Salvation Army for an Auction Permit at the Kahler Hotel on March 5, 1989. Application from Bessingpas Excavating for a Sewer and Drain license This is located in Stewartville.Mn. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3261 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6, 1989 Agenda Item E-6 The following renewal licenses were considered by the Council OFF SALE LIQUOR Andy's Crossroads Liquors Buckeye Liquor Daly Liquor DeluxeLiquor of Northbrook Eastwood Liquor Hillcrest Liquor, Inc. Joe's Liquor, Inc. Budget Liquor, Inc. (Keehn) MGM Liquor Warehouse Plaza Liquor i-neyartl Fine Wines & Spirits Ohiocubco, Inc. (Bear Creek) Quarry Hill Liquors Inc.(Valhalla) CLUB ON SALE LIQUOR AFL-CIO Labor Club Bar American Legion Post 92 Fraternal Order of Eagles Elks Lodge Loyal Order of Moose Robb-Wehrs VFW Post 429 hitlock-Sonnenberg VFW Post 1215 Knights of Columbus INE Bilotti's Inc. Sakura Restaurant Denny's Restaurant International Family Kitchen John's Family Kitchen Wong's Cafe Zorbas Restaurant Great China Beier Companies ( Country Kitchen) Canadian Honker Ayes (7),Nays (0).Motion carried. E-7 Solinger moved, Bluhm second to table the request for a Limousine Franchise from Classic Limousine Service - Jeff Riess and Hakan Ilbu to the Committee of the Whole for further A nformation. Ayes (7), Nays (0).Motion carried. E-8 Canfield moved, McConnell second to approve the Accounts Payable in the amount of $684,620.43 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-9 McConnell moved, Hunziker second to adopt Resolution No. 120-89 awarding the bid for one year computer maintenance to Johnson Controls for $1,900. per month $22,800 for the year. Ayes (7), Nays (0).Motion carried. This is contingent on receiving certificates of training for their personnel. Ir 3262 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6, 1989 Agenda Item E-10 Strain moved, McConnell second to adopt Resolution No. 121-89 awarding the low bid to Interstate Truck Center in the amount of $17,959.00 for a 10,000 GVW extended cab pickup with dump box for the Sewer Collection Div. Upon Roll call vote, Aldermen Bluhm, Hunziker, McConnell, Solinger, Strain and President Selby voted aye Ayes (6), Alderman Canfield voted nay. Nays (1). Motion carried. E-11 Bluhm moved, Solinger second to adopt Resolution No. 122-89 awarding the low bid of $60,576.00 to Interstate Truck Center for a 52,000 GVW Tandem Dump Truck with wing plow for the Street and Alley Div. Ayes (7), Nays (0).Motion carried. E-12 Strain moved, Bluhm second to adopt Resolution No. 123-89 awarding the low bid of $31,166.00 to Interstate Motor Trucks in the amount of $31,166.00 for a 31,000 GVW Dump Truck for the Street and Alley Div. Ayes (7), Nays (0).Motion carried. E-13 (Council discussed the request for reservation of the Satuary Lot in tote for a library bu tilding. This was requested by the Rochester Library Board. The Library Board requested the Common Council to authorize the spending of $7,500. for a study by an architectural firm which would give the Council in depth information on the possib- ility of a new library building on the statuary lot. Council , however was not sure that this spot would be the area in which to build. The concept of a City -County Building has not yet been decided, or a possibility of a City Hall/ Library. Council did not wish to spend more money at this time until those things were settled. Judith Keller Taylor of the Rochester Public Library was present and wished to speak. She stated that the Council, in the past, had many question! and that this study would be valuable in deciding the needs whether it was on the statuary lot or some other place. She urged the Counci' to approve this study. Based on the fact that more information should be gathered before the Council would authorize another study, Strain moved, Solinger second to table this for two weeks. Ayes (7), Nays (0).Motion carried. E-14 McConnell moved, Hunziker second to approve the pay grade increase for Thomas M. Pingel of the Rochester Police Dept.This is effective February 1, 1989. His work and experience warranted this advance. Ayes (7), Nays (0).Motion carried. E-15 Solinger moved, Strain second to approve the Subdivision Variance request for extension of the approval period for the Preliminary Plat of River Court II. This is proposed to become River Court III ( Final Plat ). This would save the applicant from going thru the entire process again. The north half of the preliminary plat was always going to be the last pahse of the development. Ayes (7), Nay5 (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I- I CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6,1989 Agenda Item E-16 Strain moved, Bluhm second to approve the Preliminary Plat known as Lincolnshire Second Sub. consisting of 28 single family lots located west of 31st Avenue N. W at the end of Arbor Drive N. W. subject to the following two.conditions: 1. A Drainage study and an easement for the storm sewer outlet area be. provided as recommended by Public Services. 2. A full street be platted on Outlot A. If this cannot be done by the applicant'because.they don't control all the land, it means that the road will, in fact, be shifted over one lot to the west. Ayes (7), Nays (0).Motion carried. E-17 Bluhm moved, Solinger second to adopt Resolution No. 124-89 receivin the feasibility report and ordering a public hearing for April 3, 1989 on the following project: 8207-6-89 J 9078 Watermain and San. Sewer Impt. in Proposed Meadow Hills 6th Sub. Ayes (7), Nays (0). Motion carried. E-18 Strain moved, Hunziker second to adopt Resolution No. 125-89 and 126-89 ordering a feasibility report and a public hearing to be held on April 3, 1989 on the following project: 6202-3-89 J 9080 - San. Sewer and Watermain Ext. along the S. Side of Co. Club Road from 400 Feet West of 23rd Avenue S. WV to Stuart Sub. Ayes (7), Nays (0). Motion Carried. E-19 Bluhm moved, Hunziker second to adopt Resolution No. 127-89 and 128- 89 ordering a feasibility report and a public hearing to be held on April 3, 1989 on Project No. 6256-89 J 9068 - St. Resurfacing, Concrete Curb and Gutter and Concrete Dr. approaches on 16th St. S. E.;from 3rd Avenue S. E. to Co. State Aid Highway No. 1. Ayes (7), Nays (0).Motion carried. E-20 Bluhm moved, Strain second to adopt Resolution No. 129-89 and 130-89 ordering a feasibility report and a public hearing for April 3, 1989 on Project No. 6256-88 J 9014 - Street Widening, Bit. Overlay, Concrete Curb and Gutter and Storm Sewer on 16th St. S: E. from llth Avenue S. E. to approx 330 Ft. East. Ayes (7), Nays (0).Motion carried. E-21 Canfield moved, McConnell second to adopt Resolution No. 131-89 approving the Maintenance Agreement with Olmsted Co. for routine maint. by the City of 10.75 miles of Co. roads within the City limits at a rate of $2,605.00 per mile for 1989. Ayes (7), Nays (0). Motion carried. E-22 Bluhm moved, Strain second to adopt Resolution No. 132-89 approving the installation, maintenance and funding of the new traffic signal and street lights at TH 63 and 37th St. N. E. Ayes (7), Nays (0). Motion carried. E-23 Solinger moved,_ Strain second to adopt Resolution No. 132A=89 approving theeintallation of a .traffic signal on Highway 14 West and 7th Street. Alderman McConnell stated that this signal was long over -due in the fact that 6-8 deaths occurred and scores have been injured. Alderman Canfield stated that he did not know if this 3263 3264 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6, 1989 Agenda Item E-23 E-24 E-25 E-26 E-27 E-28 E-29 met state criteria and with the advent of West Circle Drive to be constructed in the future, this signal might not be necessary. He also stated that it could serve as a detriment to those travelees going 50 miles per hour and then suddenly having to stop in the "middle of a corn field". He hopes no one gets hurt in the future. Having no one else commenting, vote was taken. Ayes (7), Nays (0). Motion carried. Hunziker moved, Bluhm second to adopt Resolution No..133-89 adding the following para. to the Comp Park. Res. - Sec. E - Passenger Loading Zones ( Kahler Plaza Hotel ). (18.0 ) lst St. SN W. on the S. side adjacent to the Kahler Plaza Hote, one half of their frontage at all times - 15 min. limit. Sec. C Sp,cial Park. Zones - Taxicab Stands - Modify Para.(1) to read: Two taxicab stands on 1st St. S. 14. on the S. side immediately west of 1st Ave. S. W. adjacent to Kahler Plaza Hotel. Ayes (7), Nays (a). Motion carried. Solinger moved, Strain second to adopt Resolution No. 134-89 approvin the addition of the following para. (182.5) to Sec. B of No Parking Zones to read: (182.5) - llth Avenue N. E. on the East side for a distance of 150 feet, more or less, in front of the premises known as: Quarry Hill Liquor Store - 814 llth Avenue N. B .at all times. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 135-89 amend- ing the following para. to the Sec. B of the Comp. Parking Res. (175). 9 1/2 St. S. E. on the north side from 1st Avenue to 3rd Ave. at all times. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 136-89 approving an Architectural Agreement with TSP/ADG for services on the North Yard Equipment Garage and Police Training Facility. The fee is $67,400., This will assist in preparation of the bids; designs etc. for the Public Services Dept. and Police Dept. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 137-89 approving payment for extra work covered by Change order No. 5 for Project J4908 and 4888 Relocation of the Public Services and Pistol Range to Westriver Parkway @ 37th St. N. W. This is in the amount of $2,444. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 138-89 and 139- 89 declaring the cost and ordering a public hearing for assessments on Project No. 6107-87 J 8952 San. Sewer and Watermain to serve Gold( Hill, Toogood Plaza and Hilmer's Highview Acres. Hearing will be April 3, 1989. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 9TY RRaCHN 3265 Regular Meeting o. - rc TE Agenda Item E-30 Bluhm moved, Strain second to adopt Resolution No. 140-89 and 141-89 declaring the costs to be assessed and ordering a hearing to be held on April 3, 1989 on the following project: 8006 J 8729 - Water Tower and Trunkmaines to serve the High Level Dist of S. W. Rochester-,. (Golden Hill ) Knollwood Acres, Hilmer's High View Acres, etc. ). Ayes (7), Nays (0).Motion carried. E-31 Solinger moved, Canfield second to adopt Resolution No. 142-89 and 143-89 declaring the costs to be assessed and ordering a public hearii to be held on March 20, 1989 on the following: Project No. 8605 J 8936 and 8605A J 8963 - San. Sewer Ext. to Aspen Townhomes and others also watermain ext. alg 2nd St. S. W. from 23rd Ave. S.W. to 450' West. Ayes (7), Nays (0).Motion carried. E-32 McConnell moved., Bluhm second to adopt Resolution No. 144-89 approving the Mn DOT Plans and Specifications for the Reconstruction of TH 63 N.Broadway from No. Heights Dr. to 41st St. N. E. Ayes (7) Nays (0).Motion carried. E-33 Canfield moved, McConnell second to adopt Resolution No. 145-89 appr ing an agreement and authorizing the City Clerk and the Mayor to ex- ecute an agreement on.the Cooperative Construction for TH 63 from Northern Heights Dr. to 41st St. No. The prelminary est .of the City share was $600,000. Ayes (7), Nays (0).Motion carried. G-1 Solinger moved, Strain second to remove the Manorwoods Lake Sub. Final Plat from the table. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the plat subject to the origina seven conditions that was placed on the plat. Upon roll call vote, Aldermen Bluhm, Canfield, McConnell, Solinger, Strain and President Selby voted aye, Ayes (6), Nays (1). Alderman Hunziker voted nay. Motion carried. 3266 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item G-2 A-1 B-2 Strain. moved, Bluhm second to remove the request for a Gambling License received from the Multiple Sclerosis Society from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to deny the request. . Strain moved, Hunziker then moved to table thi until the evening meeting. Ayes (7), Nays (0).Motion carried. Having no further business Strain moved, Solinger second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. President Selby called the meeting to order at 7:30 P.M., the followii members being present: President Selby Aldermen Bluhm, Canfield, Hun7iker. McConnell. Solinger and Strain. Absent: None. A Hearing on the Proposed Housing Code Amendments to Require Min. Ext. Maintenance standards. Wishina to be heard was Jeff Newkir of 926 7th Avenue S. W. and is in support of this change. Having no one else present that wished to be heard, President Selby closed t hearing. McConnell moved, Canfield second to instruct the City Attorney to prepare an ordinance for adoption . Ayes (7), Nays (0). Motion carried. A Hearing on an Ordinance Authorizing certain Officials of the City to issue citations for Violations of certain Ordinances. Wishing to be heard was John Johnson of 717 3rd Ave. S. E. and is President of the Rochester Builders Association. He urged the Council to table this. He stated that the Association did not know about this Ord. and he wanted time to study this'and come back to the Council with a recommendation from the Builders Assoc. Mr. Fred Suhler, City Attorney asked Mr. Johnson what sort of things were they considering. Mr. Johnson stated that they were concerned about a few things, but one thing at this time was the recipient';of a citation and who would be responsible to pay for this citation. Mr. Suhler stated that the person responsible for obtaining the permit would be the person or organization to get the citation in the event of a violation. Mr. Johnson still wanted a chance to meet with the Builders and come back to the Council. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Hunziker second to instruct the City Attorney to draw up an ordinance for adoption. Upon Council discussion, it was noted by Alderman Strain that this Ordinance would only have its first reading. In one month the Ordinance would get its second reading and this would give the builders or Mr. Johnson time to get back input to the Council on possible changes. Alderman Solinger was questioning citations for vehicles in violation and who would get those tickets. Mr. Ron Livingston, City Planning Dept. stated that the owners of the vehicles would get the tickets and altimately the owner of the property. John Hunziker, Alderman stated that this is an excellent ordinance. Ayes (7), Nays (0).Motion carried. F, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3267 Regular Meeting No. 26 - March 6, 1989 Agenda Item B-3 A Hearing on the Zone Change Request to rezone property located at 4440 Highway 63 South from the R-1 to B-4 Commerical zoning dist. Wishing to be heard was Baard Stadsvold of 606 55th St. N. E. and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Solinger second to approve the change and instruct the City Attorney to prepare the necessary Ordinance for adoption. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Concept Planned Unit Development known as Salem Point. Wishing to be heard was John Bass of 695 16th St. S. W. He is present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Bluhm questioned the park land and is there some being dedicated, planned or what. Jeff Ellerbush of the Planning Dept. stated that the Park Dept. has looked at this and chosen not to request this private lake as a public water. He also stated that this area will have a homeowners association and they will maintain and use this lake. Alderman Bluhm commented that this PUD doesn't set an example for other subdivisions. Canfield moved, McConnell second to approve the Concept Statement with the following conditions: 1. Tehnical evidence be provided that the requirements of Chapter 69 of the Zoning Code are met for any filling that will take place on this property. This inform. must show that there will be no net loss of flood storage on this site and that erosion will not be increased by the project. 2. Technical evidence that access point into the project off Salem Road is no more than 2 ft. below the flood protection elevation as required by Chap. 67.400 (a) of the Zoning Code. Flood free access is required for residential dev. 3. A plan for access improvements is submitted which addresses the points raised by the Co. Eng. in the attached 1/27/89 memo. 4. The landscape plan should show the exist. trees on the site that will be saved and special effort should.be taken to retain the trees. 5. The storm shelter required for this project be designed to meet the new FEMA.const. design standards that are now part of the State Build. Code. The shelter must also meet the standards of the flood fringe dist. so a true (below grade) shelter may be hard to meet. Above grade shelters inside each unit or a freestanding above grade.shelter should be allowed. 6. All necessary public utility extensions and needed easements are shown on the preliminary plan. 7. All necessary permits if any, that maybe required by the DNR for this project be acquired by the applicant. 8. The private road in this project should extend to the west propert. line so it can connect with the private road that has been proposed in the Salem Sound Second PUD. This would permit a secondary access into this property which would improve traffic flow and safety by insuring a flood free access from the west. Ayes (7), Nays (0). Motion carried. 3268 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26-- March 6, 1989. Agenda Item : B-7 A Hearing on the proposed project 6212-4-88 J 9055 Street Constructi Concrete Curb and Gutter, Storm Sewer on 12th St. N. W. from No. Broadway to 2nd Avenue N. W. Wishing to be heard in opposition was Leonard Wilbur of 112 12th St. N. W. and presented a petition with 20 names opposing this. Paul Schwanke of 4 12th St. N. W. was also opposed. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Strain second to deny the project. Alderman Bluhm stated that he looked at the street and it doesn't look that bad and it is a dead end street. Alderman Canfield stated that he is in favor of this project. Alderman Strain stated that it is not a thru street and does not think this should be done. Alderman Solinger stated that an overlay was just done not that long ago. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessment on Project No. 6302-2-88 J 9016 Reline the Sanitary Sewer in 2nd Avenue S. E.: from East Center Street to 1st Street S. E. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Bl'uhm second to adopt Resolution No. 146-89 approving the assessment. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessment on Project No. 6303-2-88 J 9017 Reline the San. Sewer in 3rd Avenue S. E. between 12th and 13th St. S. E. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, McConnell second to adopt Resolution No. 147-89 accepting the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed Installation of a Traffic Choker on 21st Avenue N. W. @ 36th Street. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Hunziker second to adopt Resolution No. 148-89 approving the installation. Ayes (7), Nays (0).Motion carried. A Hearing on the Amended Final Plan - Concept for PUD-R-84 known as Rolling- Meadows located between 18th Avenue N. W. and the TH 52 Frontage Road North of 33rd St. N. W. Wishing to be heard was Ron Baihly of Yaggy-Colby Assoc. and represents the applicant. He stated that most of the conditions are met and they have no*probl with the requirements as placed on this project by the Planning and Zoning Commission. Alderman McConnel was concerned about the sink holes in the area. Did they consider them when proposing this project. Mr. Baihly stated that they had and they will not build by them. Alderman Hunziker was concerned about the 96 units and the traffic they would generate. Mr. Baihly stated that he would have them come out on the frontage road and with the choker passed earlier in this meeting, this would help eliminate some traffic. Wishing to be heard was Tim Fynska of 1925 31st Place N. W. and was not in favor of the procedural process in this PUD. 1 J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL :32(;9 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6, 1989 Agenda Item B-9 He does not think there is such a think as an Amended PUD. Mr. Suhler, City Attorney stated that the ordinance does provide this procedure and it can be changed at any time. Jeff Ellerbush, Planning Dept. stated that he would recommend to the Council that a motion be made to hold this over to the April 3, or 17, 1989 meeting. This item had to be taken back to the Planning Commission for their recommendation. This change.had been brought to the Planning Dept. after this hearing had been published, thus it was brought before the Council in this manner. Alderman Solinger was questioning the placement of the Easterly units, he stated he was led- to believe that the units were not as many as the 96 proposed now. It was noted by the developer that 75 units were in the original proposal for the area that Alderman Solinger is concerned with. IT IS NOTED THAT THIS HEARING IS NOT CLOSED. Solinger moved, Strain second to approve this amended concept with the group of units off 33rd entrance be reduced to 85 from the 96 as requested and the hearing be held on April 17, 1989 meeting. Ayes (7), Nays (0).Motion carried. B-10 A Hearing on the Concept Planned Unit Development for-Tilson Service Station at 704 12th Street S. E. and adjacent house to the east. Wishing to be heard in this proj. was Lloyd Johnson of L.P. Johnson Assoc. Dev. of the project, 1214 No. Broadway. They are taking the house in this project down and use this only to park cars and they would only keep these for quick pick up by the customers. Wishing to speak.in opposition was Jim Frank of 2719 4th Avenue S.E. and is representing 27 people who signed a petition in oppositio . Alice Colwell of 1214 8th Avenue S. E. and Fern McKnight of 806 12th St. S. E. state that this is a mess and a traffic hazard. Having no one else present that wished to be heard President Selby closed the hearing. Strain moved, Canfield second to deny the project. Ayes (7), Nays (0).Motion carried. G-2 Strain moved, Solinger second.to remove the request for an annual Gambling license from the National Multiple Sclerosis Society from the table. Ayes (7),Nays (0).Motion carried. Upon discussion -by the Council, Alderman Hunziker stated that this is a wonderful organization, but he does not want to see gambling in places where they.sell liquor. Alderman Solinger agrees. Alderman Strain also agreed with Alderman Hunziker, .Wishing to be heard was John Arnold on behalf of the NMSS. He is an attorney in Rochester. Mr. Arnold stated that this is a good method to gather monies. He stated that the other methods are not working and they need to fund this project. He urged the Council to approve this request. Having.no further discussion, Solinger moved, Hunziker second to deny the request. Upon roll call vote, Aldermen Canfield , Hunziker, McConnell, Solinger and President Selby voted aye. Ayes (5), Aldermen Bluhm and Strain voted nay. Nays (2). Motion to deny carried. Resolution No. 149-89 was adopted. G-3 Solinger moved, Strain second to remove the Public Transportation Franchise ( Unique Limousine Inc. ) from the table. Ayes (7),Nays (0) Motion carried. 3270 Agenda Item G-3 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 26 - March 6, 1989 Strain moved, Bluhm second to approve the issuance of this Franchise and instruct the City Attorney to draw up the Ordinance. Ayes (7), Nays (0).Motion carried. An Ordinance establishing certain minimum exterior maintenance standards for dwelling premises; _amending Rochester Code of Ord. Sec. 32.07, 35.02 and 35.18 was given its first reading. An Ordinance Authorizing certain officials of the City to issue citations for violations of certain ordinances; adding'Sections 12.13 50.04, 55.10 and 61.602 to the'Rochester Code of Ordinances and Amending Sections 106.01 and 106.11 of the said Code of Ordinances was given its first reading. An Ordinance Rezoning property to B-4 General Business on the S. 4 acres of that part of the W 1/2 of the NE 1/4 of Sec. 26, T106R R14W lying east of the centerline of TH 63 was given its first readin An Ordinance relating to public transportation granting a franchise to Unique Limousine, Inc. amending Chapter 93 of the RCO adding a section. This was given its first reading. Solinger moved, Strain second to suspend the rules and give this ordinance a second reading. Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, McConnell Solinger and Strain and Pres1dent Selby voted aye. Ayes (7), Nays (0) Motion carried and the Ordinance as given its second reading. Bluhm moved, McConnell second to adopt the Ordinance as read. Ayes (7 Nays (0).Motion carried. Having no further business, Bluhm moved, Solinger second to adjourn the meeting. Ayes (7), N s (0).Motion c ried. City Clerk Information - Letter from Marcus Communications re: Name Change Notice of Claim from Marliss Gilberson - Ref. Attorney and Fin.Dept. Notice of Complaint from Nancy and Charles Moyer. F�