HomeMy WebLinkAbout11-06-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
r CITY OF ROCHESTER, MINNESOTA N? 3421
Regular Meeting No. 14 - November 6, 1989
Agenda
Item
A-1 President Selby:cal.led the meeting to order•at`2:00 P:M., the fol.low-
ing.members being present: President Selby, Aldermen Canfield,
Hunziker, McConnell, Solinger and Strain. Absent: Alderman Bluhm.
Strain moved, Canfield second to approve the minutes of the October
16 and 30, 1989 meetings. Ayes (6), Nays (0).Motion carried.
Peter Carlson, Warden at the Federal Medical Center in Rochester
introduced himself to the Council. He is the new warden in
Rochester and stated that he is happy to be here and announced that
100 beds will be added to this complex. This increase should add 14
new positions to Rochester. They operate on a budget of 24,000,000.00
and currently have 350 employees. President Selby welcomed him to
Rochester.
E-1 IThis item will be discussed at the evening meeting.
E-2 (This item will be considered under item B-5 at the evening meeting
under "hearings".
E-3 Solinger moved, Strain second to adopt Resolution No. 642-89 express-
ing the, City's concerns regarding the past decision of the League
of Mn. Cities Board regarding the 1.5% administrative fee and request
ing reconsideration of the 1.5% fee. Alderman Solinger, being a
League of Mn. Cities Board member stated that he has not taken a
position on behalf of the Board, but, as President of the Coalition
of Greater Mn. Cities he would have to oppose this 1.5% charge.
He would appreciate the City taking a stand on this issue.
Ayes (6), Nasy (0).Motion carried.
E-4 Discussion was held on the Children's Home Society Request to
initiate an Amendment to the Zoning Ordinance- in the Industrial
Zone. Alderman Strain is in favor.of having a hearing on this
with no committment from the Council at this time.
Alderman Canfield thinks this is a good addition.
Alderman McConnell thinks this is good that we remove the barriers.
A comment was made from Alderman Strain that if this amendment was
approved and all child care facilities were placed in various
Ind. zones, then he would be hesitant to have the children placed
right next to an undesirable business. Alderman Hunziker stated
that he has no problems with the placement of the Children's Home
Society and that conditional permits could govern where additional
homes are placed.
Alderman Solinger stated that it is his concern that we provide a
safe environment for the children.
Having no further discussion, Strain moved, Canfield second to
refer.,the'proposed-zoning ordinance to the Planning Commission
without taking any position pro or con on the amendment at this
time and have a public hearing when necessary. Ayes (6), Nays (0).
Motion carried.
Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3422
Regular Meeting No. 14 - November 6, 1989
Strain moved, Hunziker second to approve the purchase of property
at 448 loth St. N. W. for $42,500. contingent upon obtaining waiver
of relocation claims by the owner and the tenant.
Ayes (6), Nays (0).Motion carried.
Canfield moved, Hunziker second to authorize the proposals for an
updated parking study in the downtown. Cost is estimated at $25,000-
$30,000. to be paid from the Parking Enterprise Fund.
Alderman Canfield stated that we can gain revenue of $4,000. for one
parking stall. Alderman Canfield feels that advance planning with thi
kind of monies for each parking stall is worth it.
Ayes (5), Nays (1). Alderman McConnell voted nay. Motion carried.
Solinger moved, McConnell second to approve the following licenses
and bonds: Request received from Wilson W. Clem, Tolono, Illinois
for an Auctioneer License thru Dec. 31, 1989.
Request received from Carroll L. Bruske of Rochester, Mn. for
an Auctioneer Renewal license for the period of Nov. 6, 1989 thru
Dec. 31, 1989.
Request received from the Rochester Art Center for a temporary
Gambling permit for a raffle on Feb. 24, 1990 at the Kahler Hotel
Windsor and Heritage Halls for the Art Center's educational
programs.
The request from Mn. Operators of Music and Amusements of Mpls. Mn.
was not considered and will be brought before the Council at the
meeting this evening. Council wanted additional information.
Ayes (6), Nays (0).Motion carried.
McConnell moved, Hunziker second to approve the request for an On -
Sale Intoxicating Liquor License for Khosa, Inc. DBA Max's on
Broadway restaurant and include Sunday Liquor. The address is
8 South Broadway. Speaking to the Council was Robin Khosa
of 8 South Broadway and they stated that 75% of the sales is hoped
for in the food service. They did own a bar in Winona prior to
coming to Rochester and they want to go into a restaurant type of
business with liquor sales being secondary. Ayes (6), Nays (0).Motion
carried.
Solinger moved, Canfield second to approve the Accounts Payable
in the amount of $1,754,897.54 ( file with the City Clerk ).
Ayes (6), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resolution No. 643-89
awarding the low bid of $68;176. total for purchasing gasoline and
diesel fuel at service stations for the year. Ayes (6), Nays (0).
Motion carried. (Was awarded to Greenway.)
Hunziker moved, Solinger second to table the request for annexation
by Ordinance.89-22 by T.H. Payne Co. of 23.18 acres total in
Cascade and Haverhill Township. Ron Baihly of Yaggy Colby Assoc.
was present and stated that they would like to have Council consider
this as they would not be installing electricity until spring of 199(
anyway. This would help them get started.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA NO 3423
Regular Meeting No. 14 - November 6, 1989
Agenda
Item
E-1.1 Alderman McConnell stated that he was in favor of proceeding. He
does not think we will be getting answers in the spring and why
hold up developers.
Mr,. Baihly stated that he does not know either, he understands the
City and the problems we have, but on the other hand, the City
can't stop developing either.
Alderman Strain questioned the wisdom of holding up this annexation.
He also.does not think the answers will be forthcoming soon.
Alderman Hunziker stated that if this is allowed, then later they
can come back to the Council and use this approval as bait for
the final development of the area.
Ayes (6), Nays (0).Motion to table approved.
E-12 Hunziker moved, Strain second to instruct the City Attorney to prepay
an Ordinance for annexation of 12.85 acres at the NW corner of Bambet
Valley Road and Mayowood Road. Ayes (6), Nays (0).Motion carried.
E-13 Canfield moved, Hunziker second to approve the Preliminary Plan
of a Planned Unit Development 88-5 for Salem Sound Second PUD.
This is subject to the following 8 conditions: ,
1. The plan does not address the Zoning Code requirement for storm
shelters in residential PUD developments. The Salem Point PUD to
the east was required to provide an above grade storm shelter area
in each unit. Similar requirements could be applicable to the house!
in this project.
2. Because this site is in the floodplain, the plans should show the
lowest floor structures on the lots.
3. As required by the Code a grading plan should be provided showinc
the drainage pattern.
4. The plans should graphically show the proposed buildable area
on each lot. The plans should reference that the residential
single family homes will conform to all other standards of the
R-1 Zoning District.
5. Off-street parking for the residences should be addressed on the
plan, especially the plans for overflow or guest parking.
6. A pedestrian path or sidewalk across the length of the property
should be provided as recommended by Public Services.
7. All necessary easements for U.S. West and RPU should be
provided on the final plat of the property . Access control on Salei
Road should also be shown on the final plat as recommended by the
Co. Engineer.
8. Dedication of easement on the Triangular area at the east end
of the project.
Ayes (6), Nays (0).Motion carried.
E-14 Canfield moved, Hunziker second to table the Preliminary Plat 89-29
Northern Heights East Sixth Sub. This will be taken up at a
Committee of the Whole where further information will be provided
by staff. Ayes (5), Nays (1). Alderman Strain voted nay. Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
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CITY OF ROCHESTER, MINNESOTA N9 3424
Regular Meeting No. 14 - November 6, 1989
Strain moved, McConnell second to approve the Preliminary Plat 89-30
to be.known as Manor Woods West 4th Sub. subject to the following
conditions:
1. The centerline radii detail and the typical street widths detail
must be provided on the plan and profile sheets.
2. A grading and drainage plan must be submitted and approved by
the City Eng. office. This plan must address what happens to the
runoff after it leaves the drainage easement located across Lot 1, B
4 of the preliminary plat.
3. The grade of the proposed 6th St. N. W. is 10% along the entire
length of the street. The developer should address what happens
to this grade at the west end of 6th St. N. W.
4. Temporary turnaround easements should be obtained at the west eni
of 5th St. and 6th St. N. W. Providing the turnarounds outside
of the boundaries of this plat will allow the entire length of the
platted street to be constructed.
Ayes (6), Nays (0).Motion carried..
Solinger moved, McConnell second to adopt Resolution No. 644-89
authorizing the scheduling of the construction of. the West
Frontage Road of TH 52 south of 55th St. N. W. with a July, 1990
bid letting and authorizing Mn/DOT to proceed with the design,
adv. and construction of this project. Ayes (6), Nays (0).Motion
carried.
McConnell moved, Strain second to table the Amendment of Eng.
Contract_ for the 5th St. N.W.-N.E. extension from 4th Avenue N. W.
to 2nd Avenue N. E. Project 6003-85 J 2214. Ayes (6), Nays (0).
Motion carried. Council wanted the amount re'.negotiated.
Solinger moved, Canfield second to adopt Resolution No. 645-89
authorizing the contract with TSP/ADG to be increased by
$1,599.60 to the new amount of $42,016.60 for the North Yard Maint.
Facility and Police Pistol Range J 4888. Ayes (6), Nays (0).
Motion carried.
Strain moved, Hunziker second to adopt Resolution No. 646-89
designating Stevan Kvenvold, City Adm. as the -City Official appoin
to receive all project correspondence for Water Reclamation Plant
Solids Handling Improvements. Ayes (6), Nays (0).Motion carried.
Strain moved, Hunziker second to adopt Resolution No. 647-89
authorizing the City Clerk to advertise fow`bids to be received
at 11:00 A.M. on Jan. 16, 1990 for Electrical Power Factor
Correction at the Water Reclamation Plant. Ayes (6), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3425
Regular Meeting No. 14 - November 6, 1989
Agenda
Item
E-21 Hunziker moved, McConnell second to adopt Resolution No. 648-89
amending the Section B No Parking zones to read as follows:
(207)-11-6-89 14th Avenue S. W. on the east side from 2nd St.
to TH 52/14 East Frontage Road at all times.
(207.5) Delete
(208) 14th Avenue S. W. on the west side from 2nd St. to the
south line of Lot 7 (350 feet ± south of 2nd St., at all times.
(209) 14th Avenue S. W. on the west side from 350 feet ± south of
2nd St. to 7th St. from 6 A.M. to 6 P.M. Mon. thru Fri.
Ayes (6), Nays (0).Motion carried.
E-22 Solinger moved, Strain second to adopt Resolution No. 649-89 award-
ing a contract to Joseph Rohr for the removal of three houses at
310-314-320 4th Avenue at a net cost to the city of $950.00.
Ayes (6), Nays (0).Motion carried.
,E-23 Hunziker moved, Strain second to set a hearing date of December
4, 1989 on Project No. 6207-4-86 J 8961 - Basic Construction
in 7th St. N. W. from Country Club Manor to 1430 Feet West.
Ayes (6), Nays (0).Motion carried. Resolutions 650-89 and 651-89
were adopted.
E-24 Hunziker moved, Strain second to adopt Resolution No. 652-89
authorizing the Supplemental Agreement No. 1 for the traffic signal
at 37th St. and East River Road in the amount of $4,000.00. The
extra work is 100% eligible for Co. reimbursement. Ayes (6),
Nays (0).Motion carried.
F-1 An Ordinance Annexing to the City of Rochester approx. 12.85 acres
of land in the SW 1/4 of the SE 1/4 of Sec. 9, T106 N R 14W in
Rochester Township was given its first reading ( NW corner of
Bamber Valley Rd. and Mayowood Rd. ).
F-1 An Ordinance relating to dedication of Parklands, amending Roch.
Code of Ordinances, Sec. 31.38 was given its second reading.
Strain moved, McConnell second to adopt the Ordinance as read.
This allows Min. standards of land to be dedicated. Ayes (6),
Nays (0).Motion carried.
F-1 An Ordinance providing for licensing and regulation of Pawnbrokers .
amending RCO Chapter No. 111. This was given its second reading.
Solinger moved, Hunziker second to adopt the Ordinance as read.
Ayes (6), Nays (0).Motion carried.
F-1 An Ordinance relating to Alcoholic beverages, regulating the hours
of sale for consumption thereof on a licensed premises; amending
RCO Sec. 125A.21 Sub. 2 was given its second reading. Strain
moved, Hunziker second to adopt the Ordinance as read. Ayes (6),
Nays (0).Motion carried.
G-1 No action was taken on the tabled item for Preliminary Plat
89-23 Viking Hills Court Sub. This will be brought before the
Council on the November 20, 1989 meeting.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
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CITY OF ROCHESTER, MINNESOTA N? 3426
Regular Meeting No. 14 - November 6, 1989
Having no further business, Strain moved, Solinger second to adjourn
the meeting until 7:30 P.M. Ayes (6), Nays (0).Motion carried.
President Selby called the meeting to order at 7:30 P.M., the
following members being present: President Selby, Aldermen Canfield
Hunziker, McConnell, Solinger and Strain. Absent: Alderman Bluhm.
A Hearing on the Proposed property tax levy which is required for
the City's 1990 budget. Having no one present that wished to be
heard, President Selby closed the hearing. Solinger moved, Strain
second to adopt Resolution No. 653-89 approving the levy of
$13,765,105.00. The City Clerk is authorized to certify this
resolution to the County Auditor. Alderman McConnell stated
that he will vote against this as he does not think the City should
go the limit on spending. Alderman Canfield stated that the City
always tries to cut spending wherever it is feasible.
Ayes (5), Nays (1'). Alderman McConnell voted nay. Motion carried.
A Hearing on the Annual review of the Rural Service District
Parcels. Having no one present that wished to be heard, President
Selby closed the hearing. Hunziker moved, McConnell second to
designate the lands recommended in Section A as follows:
1. 179.82 acres located in an area around Bamber Valley School -
note: Bamber Valley School and the platted portions of Mayowood
Hills Third Sub. included in this annexation should not be added
to the Rural Service Dist.
2. 37.55 acres in the Cimarron area - note: Cimarron 9th and loth
Sub. which were platted from this annexed land should not be .
included in the Rural Service Dist.
3. 180 acres in the Institute Hills area ( note: the platted portioi
of Institute Hills Sub. included in this annexation should not
be added to the Rural Service Dist.
4. 34.35 acres in the Hunter Hills area (note: Hunter Hills Sub.
which was platted from this annexed land, should not be included
in the Rural Service Dist.)
5. 9.83 acres in the North Park area.
Resolution No. 654-89 was adopted and those parcels listed in
Sections B and C as follows:
Section B: Attachment B lists the subdivisions that have been
created on Rural Service Dist. parcels over the last year. These
Subdivisions should be deleted from the Rural Service Dist.
list and added to the Urban Service Dist.
Section C provides a listing of all parcels now in the Rural
Service Dist. that no longer qualify for that status and should be
moved to the Urban Service District list. Many of these parcels
were previously consolidated with lands that were subdivided this
year and now fail to meet the five acre size requirement. Others hav,
been recently developed for commercial and urban residential purpose'
The City Attorney is instructed to prepare an Ordinance for adoption
Ayes (6), Nays (0).Motion carried. Res. 653A-89 was adopted establ1s
ing the Rural Service Dist. for the above ordinance to be enacted.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3427
Regular Meeting No. 14 - November 6, 1989
Agenda
Item
B-3 A Hearing on the Council Initiated.Annexation of the 100%
surrounded Postier. and Eggers and Helgerson/Morgan properties and
zone at the time of annexation into the B-4 (Gen. Bus.) Dist.
Wishing to be heard was Bob Domaille of 6731 Hwy 63 North. He is
owner of Postier-Eggers. He was not in favor of being annexed into
the City and if he is going to be, then he would like to be zoned
into an area whereby he could build on to his current business
without going to the conditional use permit process or anything
else that is complicated.
He was informed by the City Planning Dept. that the zone is B-4
which is'established for quadrant corners. The County Zoning
also required setbacks and the B-4 zone is less restrictive then
the Co. zone which he has at the present time.
Wishing to be heard was Rex Savage of 6550 Hwy 63 North. He is
opposed to this annexation.
Mr. Domaille pointed out that certain areas , for instance, Baihly
Heights - is not to annex. Why him. Mr. Roger Plumb, Public Servic(
Director stated that properties that are benefitted from City
improvements is a different matter then development projects.
Alderman Canfield questioned Planning on how long it would take
for a business like Postier and Eggers to get the proper paper-
work done if they would build. Mr. Jeff Ellerbush of the Planning
Dept. stated that a conditional use permit takes approx 3 weeks
and costs $350.00.
Having no further discussion, and no one else present wished to be
heard, President Selby closed the hearing. Solinger moved,
Strain second to instruct the City Attorney to prepare an Ordinance
annexing the property and rezone this to B-4 district at the time
of annexation. Ayes (6), Nays (0).Motion carried.
B-4 A Hearing on the Civic Square Housing Revenue Bonds:
Having no one present that wished to be heard, President Selby
closed the hearing. Strain moved, McConnell second to adopt
Resolution No. 655-89 adopting a program and giving preliminary
approval to a multifamily development and its financing under
Minnesota Statutes, Chapter 462C and authorizing submission of the
program to the Mn. Housing Finance Agency for review and approval.
Ayes (5), Nays (1). President Selby voted nay. Motion carried.
B-5 (Formerly E-2 ) A Hearing on the Re -Appropriation of CDBG Funds
for Minnesota Communities Program and CDBG Administration.
Hunziker moved, Canfield second to approve the re -appropriation
of $45,000 in CDBG funds to the HRA Minnesota Communities Program
and $3,763.17 to CDBG Program Adm. from the CDBG Flood Control
account. Ayes (6), Nays (0).Motion carried.
Alderman Strain noted that this is not flood control monies -genera
from the 1% sales tax. This is from other flood control funds.
E-1 McConnell moved, Strain second to approve the 1990 Community
Development Block Grant appropriations as follows:
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3 2-4 CITY OF ROCHESTER, MINNESOTA No 3428
Regular Meeting No. 14 - November 6, 1989
Agenda
Item
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Program Funding
HRA Rehab $195,000.
Program Adm. 20,000.
HRA (Urban Homestead Acquisition ) 57,500.
Children's Home Society ( Rehab) 12,500.
HRA ( Mn. Communities Program 42,000.
Downtown Dev. ( Slum and Blight Removal ) 39,500.
Channel One, Inc. 9,500.
Assoc. for Retarded Citizens 8,500.
SE Mn. Center for Independent Living 4,500.
Child Care Resource and Referral 15,000.
Rochester Energy Office 14,000.
$418,000.00
Ayes (6), Nays (0).Motion carried.
Canfield moved, Strain second to approve the request of the
Minnesota Operators of Music and Amusements at 4805 Zenith Avenue
South, Minneapolis, Mn. for a temporary Gambling Permit to help
sponser the M.O.M.A. Scholarship Fund to be held at the Mayo
Civic Center. Council requested further information on the
results of receipts taken in by this organization and the amounts
of scholarships granted. It was noted that the total amt.
grossed was $6,931.00 and the amount of expenses were $5,685.00
the scholarship was $1,246.00. Upon Roll call vote, Aldermen
Canfield, Hunziker, Strain and President Selby voted aye. Ayes (4),
Aldermen McConnell and Solinger voted nay. Nays (2). Motion carried
Hunziker moved, McConnell second to approve curbside collection
including solid waste and recycling and approve the sectioning of
waste collection in the City. Definition of the types of containers
was included in the motion and when they are to be set by the curb
and where they are to be set. Matter of policing this control of
containers should be addressed as well as how long the containers
are to be left at the curb. Upon roll call vote, Aldermen
Canfield, Hunziker, McConnell and President Selby voted aye.
Ayes (4), Aldermen Solinger and Strain voted nay. Nays (2). Motion
carried.
An Ordinance designating the Rural Service District Parcels
A,B and C was given its first reading.
An Ordinance Relating to the Annexation of Lot 1, Blk 1 of Domaille
Postier Sub. and portions of Dedicated public ROW adjacent to the
East, SE and S of said platted lands in the town of Cascade Tow.
was given its first reading.
Having no further business, Strain moved, McConnell second to
adjourn the meeting until 1:00 P.M. on November 14, 1989.
Ayes (6), Nays (0)..Motion carried.
Information:
Committee of Whole mintues of 10-9-89;10-16-89 and 10-239W Clerk
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