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HomeMy WebLinkAbout05-21-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N? 3530 CITY OF ROCHESTER, MINNESOTA N? 35-30 Adjourned Meeting No. 32 - May 21; 1990 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Aldermen McConnell moved, Bluhm seconded, to approve the minutes of the May 7, 1990 meeting. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the County HRA operation within the City and on County HRA Redevelopment Plan for Riverbend Area. President Selby asked that Dan O'Neal from Public Financial Systems give a short presenta- tion. Dan O'Neal, Public Financial Systems, Public Financial Advisory to Olmsted County. The Redevelopment Plan itself outlines the area in which the County anticipates construction of the project; a statutory requirement. The other item is a resolution which requests that the Council approve the Redevelopment Plan and authorizes the County's Redevelopment Authority to act within the City in regard to this project only. Mr. O'Neal noted that funding will be available to the County HRA on June 30, 1990 in the amount of $18,500,000. The total amount of borrowing is not anticipated to exceed $20,000,000; the project will be financed through the sale of revenue bonds by the HRA. Wishing to be heard was James Daley, Rural Olmsted County, -Kalmar_ - Township. Mr. Daley noted that he felt that the citizens of the County and the Council as a whole are lacking a lot of information of how the project might work and who is responsible. He stated that he is fearful that .the County is getting themselves into a corner with indebtednEss.He noted that the project has been started because of the need for a jail facility. The County, he believes, is meeting their space needs quite well and are finally finishing and utilizing the third floor of the present Courthouse; space that was added a few years ago. Mr. Daley noted that originally the project was going to be a joint effort between the County and the City but the City has not been ready and so by the Council's silence, the County has gone ahead and committed themselves to awful expenditures. Mr. Daley noted that the financing that the County will be using will be removed from legislation as of July 1, 1990. The citizens haven't had or been able to have a say in the actions by referendum. Mr. Daley had with him a survey taken last fall. Alderman McConnell was present when it was attested to. The survey showed: -890 people responded to the survey in the Rochester Post -Bulletin. last fall as to the Riverbend site for a new government center. -90 percent of the voters said that they wanted a referendum -73 percent were City people; 27 percent were county residents -73 percent said that they would like to see the Courthouse remain at its present location; 12 percent said that they would like to see it moved to the campus; 9 percent said that they would like to see the Riverbend site; 6 percent were undecided. The Township Officers Association presented the survey to the County Board last fall and it was ruled by the County Board to be unscientific. Agenda Item B-1- (cont) 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3531 Adiourned-Meeting.No. 32 - May 21. 1990 Mr. Daley noted that, according to lease space will go from $7,00.per $13.00 per square foot. the architect for the new project, square.foot to between $12.00 and Mr. Daley concluded by telling the Council that if they said "yes" to the project, the revenues are going to fall short and the people of the County are going to be responsible for the shortfall. Having no one further wishing to speak, President Selby closed the hearing. Dan Berndt, 505 Marquette Bank -Building, gave a short -presentation. Mr. Berndt chaired the task force through the Chamber of Commerce that reviewed the government center with the County and spent a lot of hours on alternatives. Three studies were -done and outside consultants were hired on all of them. Study No. #1 asked if the existing Courthouse facility could be expanded to meet the short and long-term needs of the jail faci.lity and the needs of the County. Study No. #2 was a study of the Riverbend site, and Study No. #3 was .a study of the campus site. After the studies were in, the costs of remodeling the present facility, jail costs and asbestos concerns, the Courthouse became by far the most expensive option of the three proposals. One reason for the Courthouse being expensive was because the $25,000,000 from the Clinic was not there to work with. Mr. Berndt noted that.he believed the County acted responsibly and made an appropriate decision. .Dan O'Neal was asked to speak again. As the project is currently proposed, it is to be done without any kind of tax levy and is to be paid for with revenues from the sale of the old facility and other monies the County has available. There is currently less than $1,000,000 outstanding against the County's capacity to fund. This amount is very low compared to other counties in the State. There is also not a provision for referendum vote by law under this type of funding/bonding and,. ..therefore, would have no binding effect on a project of this type. Bob,Bendzick, Financial Director for Olmsted County, spoke. Mr. Bendzick noted that at this point it is projected that over half of the facility will be taken care of by sale proceeds from the old Courthouse facility. He stated that there are currently jail bonds in place since 1935 that will take care of the jail portion. There is currently about $230,000 in maintenance appropriated for the Courthouse that can be used each year. In addition, a future growth projection will allow space to be leased to other governmental units in the building. Aldermen Canfield moved, Bluhm seconded, to adopt Resolution #249-90 declaring the need for the Olmsted County Housing and Redevelopment Authority to exercise its powers in the City and approving the Re- development Project and the Redevelopment Plan for the Riverbend site Ayes (6), Nays (0), Abstain (1). Alderman McConnell abstained. Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL NO. 3532 CITY OF ROCHESTER, MINNESOTA N9 3532 Adjourned Meeting No. 32 - May 21, 1990 Agenda Item B-2 IA Hearing on the Concept Planned Unit Development #90-2, a 160-acre Development Called Essex Estates. Wishing to be heard was Frank Kottschade, North American.Realty, 2613 Fifth Avenue N.W. Mr. Kottschade noted that this is the largest planned unit development submitted to the Planning Department in the City of Rochester. The 120 acres was at one time proposed to be a golf course but the City decided to locate the course in another areE Therefore, he noted .that he has the largest tract of land in the Cit) that is in close proximity to downtown and on major arterial streets. He introduced Mr. John Uban, architect/planner for the project. Wishing to be heard was John Uban, Dahlgren, Shardlow and Uban, Incorporated, 300 First Avenue North, Minneapolis. Mr. Uban presente an overview of the project outlining the single family development, multi -family development and the linking and usage of the existing and future park complex. Wishing to be heard was Mark Schroeder, 4025 Tenth Avenue N.W. Mr. Schroeder voiced his concern that the present homeowners adjacent to the project-have�been ignored. He noted that he has no objection to the single-family dwellings planned but the multi -family housing will just create more apartment complexes along 41st Street. He asked that the multi -family housing be moved to another location in the project. Wishing to be heard was.David Edwardy, 4017 llth Avenue N.W. Mr. Edwardy noted that he would be living directly across from the multi- family housing. He.also noted that at the first Planning Commission meeting the Planning Commission denied that particular location for the multi -family housing because it would change the character of the neighborhood. Wishing to be heard was Dwight Denisen, 4120 14th Avenue N.W., noting his objection to the location of the multi -family housing complex. Wishing to be heard was Pat Hays, 4019 Tenth Avenue N.W. Ms. Hays noted that it is a neighborhood concern and would like to have the neighborhood have a voice in the development. She also noted her objection to the location of the multi -family housing units. Wishing to be heard was Gary Sobotta, 942 41st Street N.W. Mr. Sobotta noted that there are different types of persons in apartment; One example is the high speed of traffic and the displaying of high speed, the high amount of litter, the amount of theft, and people driving through his yard. He is not opposed to the current apartment or people living in apartments but is opposed to having another set of apartments directly across the street from his home. He believes that.it will adversely affect his home value and is opposed to the amount of traffic that will be generated. He would like to have the church and multi -family units moved to another location on the property. Agenda Item B-2 (cont:) RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3533 Adjourned Meeting No. 32 - May 21, 1990 Wishing to be heard was James Hines, 4031 Tenth Avenue N.W. Mr. Hines stated that he previously lived at 16th Avenue N.W. At that . time Candlewood was being developed and the neighborhood came as a group expressing some of the same concerns to the Council that are . now being expressed.. A tremendous amount of noise is generated withi the units in multi -family housing. There are a lot of people coming and going through the day and night, a lot of articles left on yards from people in those, units. He asked that the Council give considerz tion to the homeowners around the property in question. Having no one further wishing to speak, President Selby closed the hearing. Alderman Solinger felt that it is a unique idea for having 20 acres additional for park to add to the existing.40 acres of City parkland, This idea also makes the development more attractive to the potentia: buyer. The only reservation, he noted, was the density of the rental units on the 15.3 acres of property; if at all feasible, he would like the density cut down. Alderman Bluhm agreed with Alderman Solinger and hoped that things could be worked out with the residents and developer. This item will be coming before the Council again; it is still in the pre- liminary stages. Aldermen Canfield moved, Bluhm seconded, to approve the concept plan for Essex Estates with five conditions: (1) The owners petition to annex all the land subject to this concept plan, that being the additional land in the northeast corner. (2) The owners begin the process of environmental review for this project as required under Minnesota Rules. (3) Special ..consideration shouldbe given to the design features and building location for the multi -family project to buffer its visual effects to the homes across 41st Street and the homes over to the west. Orienting the ends of the buildings to 41st Street could help reduce the visual impact to the homes across the street. Extensive use of berming, landscapin4 and building setback can also be an aid to integrating the project. (4) The western driveway into the apartment area should line up across from llth Avenue.N.W., , (5) 48th Street N.W. through the project ,:should have, the same right-of-way.width (801) and street width as it does in the subdivisions to the west. All other public streets in the plan should have right-of-way widths as found in the Thoroughfare Plan. Discussion. Alderman McConnell expressed that he hoped that before the plan moved to the second stage that the developer meet with the neighborhood residents. Ayes . (7) , Nays (0) . Motion caxried RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON -N? 3534 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - May 21, 1990 Agenda Item B-3 B-4 COUNCIL N° 3534 A Dearing on Text Amendment to amend the text to include provisions establishing an "Agricultural"Zoning District within the City. Wishing to be heard was JoAnn Russell, Z 900 llth Street S.W. She was concerned because their property is in the flight path of the airport and comes under the airport zoning regulations which allows for only a minimum lot size of 5 acres. She noted that they have planted trees and improved a site for future. selling purposes and now will probably not be able to because of the airport zoning regulation and the proposed agricultural zoning district. Alderman Bluhm stated that he felt that those persons who were annexed would be given a grandfather clause under the zoning change. Having no one further wishing to speak, President Selby closed the hearing. Alderman Strain asked what .the airport zoning does to the Russell land. Terry -Spaeth from the Planning Department explained that the zoning for the airport requires a minimum lot size of five acres. There- fore, nothing is lost or gained. Having no objection from the Council, Ralph Russell, 5900 llth Street S.W., was allowed to speak. He stated that there is somethi taken away in that if the new zoning district is approved, no animals will be allowed on the acreage that he wishes to divide. Terry Spaeth noted that if they want to do something in the future, they could:apply for a PUD and note the circumstances surrounding the acreage or they could create a one -lot subdivision. Aldermen Hunziker moved, Strain seconded, to proceed as petitioned and instruct the City Attorney to prepare an ordinance amending the zoning ordinance text for adoption. Ayes (7), Nays (0). Motion ce A Hearing on Land.Us_e Amendment On Property Along Viola Road and East Circle Drive, Wishing to.be.heard-was..Don.:Borcherding, yaggy-Colby Associates, 2129 Northview Lane..:N..E. - Mr.=:Borcherding reviewed the -background ,of the development.. He noted that they are -trying to plan out ahead, of'development-quite-a ways in the future and from an existing standpoint.- -The Planning Commission requested that the commercial usage of --the area be. cut back from-23 to 13..acre-s. The medium density residential use was cut from 21 t-o- 13 acres 'as well. - Alderman Bluhm stated that -there was a suggestion by the neighbors to move the park easterly 200 feet. Don Borcherding noted that the Park Department has purchased that tract of land already so it would require a land swap. Those factors would have to be analyzed as to feasibility and costs. rried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3535 Adjourned Meeting No. 32 - May 21, 1990 Agenda Item Alderman Bluhm stated that the concern that he had received from the B-4 neighborhood was to make sure that access to the park is granted, (cont.) particularly those in the Northern Heights East addition. Wishing to speak was Susan Rotsch, 1803 Northern Heights Lane N.E., expressing concern for -getting to the park by either a heavily - traveled road or cutting through backyards. She stated that there should be a trail going through the neighborhood to the park; the only other alternative to them is a park by Churchill and that is over one mile away. Alderman Bluhm stated that he understood that there was adequate space behind.the homes in the road right-of-way by Vio27,a Road for' a trail. Wishing to speak was Steve Mullen, 2036 Northview Lane N.E.. Mr. Mullen represents the residents of the Northview Lane N.E. area and surrounding areas. They have been working with the developer, Roger Payne, on this project to formulate a land use amendment to continue the land use and integrity of the neighborhood. Mr. Payne had meet with the group. Mr. Mullen gave a handout to the Council on what the group had been doing and what their.concerns were. Those concerns were: (1) Continue active solicitation of churches, community swim club members and townhome developers. (2) They submitted an addendum to the newly proposed land use that requests the park department move the neighborhood park eastward and the vacated land area be proposed as R-1 upon zoning. (3).They are in opposition to the proposed medium density residential land use adjacent to East Circle Drive. They would favor a low density residential use for this area. Roy Sutherland, Park Superintendent, noted that this is the first time he has seen the request to move the park and will be glad to sit down with the residents and developer .and bring something back specific to the Council. Wishing to be heard was Bob Jones, 1808 Northern Heights.Lane N.E., expressing his.concern regarding the medium density area; he would rather see it zoned R-2. Wishing to be heard was Carolyn Orszulak, 2121 Northview Lane N.E. Ms. Orszulak spoke against the medium density area. She doesn't think that it would be of benefit to the neighborhood or the swim club and they are trying to develop. Additional and excessive traffic and noise would be created. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 'N° 3536 CITY OF ROCHESTER, MINNESOTA N9 35-36 Adjourned Meeting No. 32 - May 21, 1990 Agenda Item B-4 (cont. ) Wishing to speak was Larry Kestila, 1740 Northern Valley Drive N.E. Mr. Kestila noted that he is the block representative for his street which consists of about 17 families. He commended Mr. Payne for his working with the neighborhoods and planning ahead as such. He is, however, opposed to the R-3 zoning, would like to see it R-2, and likes the idea of the swim club. He believes that the integrity of the neighborhood should be maintained. Wishing to be heard was Jill Grunewald, 1833 Northern Valley Drive N.E. She is also concerned about and opposed to the medium density proposal and would like to see the park moved. She was one of the persons who went around with a petition and about 99 percent of thel people were opposed as well. Having no one further wishing to speak, President Selby closed the hearing. Alderman Bluhm noted that the objection of the medium density zoning by the residents seems to be the major obstacle. However, in talkin with Mr. Payne he notes that Mr. Payne doesn't even own the property in question. The property is,tied up in an estate at this time. Mr. Bluhm noted that it was his understanding that the Planning De- partment wanted a general plan of the entire area to the north and so Mr. Payne was obligated to go into this area on paper and draw ou the plan. Jeff Ellerbush, Planning Department, noted that George Kerr for the estate has been representing the property interest. Alderman Solinger questioned whether there is limited access onto East Circle Drive controlled by the County. Jeff Ellerbush, Planning Department, stated that the County had purchased the right-of-way access and controls access onto the road. Aldermen Hunziker moved, Strain seconded, to adopt Resolution #250-90 approving the land use amendment from low residential to medium density residential and commercial on property along Viola Road and Circle Drive. Alderman Bluhn asked Roger Payne what his impression of consideratic of land use was for the medium density -area as designated on the pl, It was Mr. Bluhm's understanding that Mr. Payne did not have any control over the north end of the area and now finds that he is in concert with an owner developing the land use plan. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3537 Adjourned Meeting -No. 32 - May 21, 1990 .Agenda Item Roger Payne, 1700 Northwood Drive N.E., stated that the reason they B-4 are in concert with the land owner is because they are representing (cont, the portion that they own and the other owner is representing the -'future, portion that he owns. Possibly in the Mr. Payne stated, they may own the land but do not at this time and did not put the medium density designation on it. He further stated that he did no know ,if 'this was the -best use for the property.as it probably won't be developed for five to -ten years and what.might happen then is unknown. It was the concern of the Council that if they approved the plan as it stood the medium density designation would continue to stand and become difficult to change in the future. Mr. Canfield noted that if it was designated R-3 it could go through a-PUD and the concern of the neighborhood would be covered because it would have to come back before the Council at that time. Alderman Hunziker withdrew his motion: Alderman Strain withdrew his second. Aldermen Strain moved, Bluhm seconded, to approve on this revision on the commercial frow 23.07 to 13.27 acres. Ayes (7), Nays (0). Motion carried. Resolution 250-90 was adopted. Alderman Bluhm commended the neighborhood for the efforts they put into the land use plan and commend Roger Payne for his concerns of the neighborhood and cooperation that he has given. G-1 Aldermen Strain moved, McConnell seconded, to remove from the table the General Development Plan for the area known as':Northern fleight,s East. Ayes (7), Nays (0). Motion carried. Aldermen Bluhm moved, Strain seconded, to adopt Resolution #249-90A approving the General Development Plan for Northern Heights East with the following two conditions: (1) The north -south road in the project from Viola Road to Circle Drive should be designated as a "major local street" when it comes to plat this property. (2) The access opening from Circle Drive shown in the area identified for "medium density residential use" as the north- east portion of the plan is not needed in the proposed street layout. This existing access opening should be permanently closed at the time this portion of the site develops. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on Amendments to Chapter 61 of the Rochester Zoning Code to Add Provisions Clarifying Responsibilities for Complaince. Aldermen Hunziker moved, Bluhm seconded, to continue the hearing to June 18, 1990 to allow the Planning Commission to review the complete revisions. Ayes (7), Nays (0). Motion carried. I 'N°." 3538 Agenda Item C-1 C-2 D-1 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3538 Adiourned Meeting No. 32 - May 21, 1990 . A Hearing on Re -Appropriation of CDBG Downtown Commercial Rehab Fun to Slum and Blight.- Demolition Activity. Having no one wishing to be heard, President Selby closed the hearin Aldermen Canfield moved, Strain seconded, to amend.the 1988 Final Statement to re -appropriate $70,000 from the Downtown Commercial Rehab Account to the Slum and Blight - Demolition Activity Account. Ayes (7), Nays (0). Motion carried. Aldermen Strain moved, Canfield seconded, to appoint Cynthia Daube to the Downtown Development Advisory Board. Ms. Daube will fill the unexpired term of Claude Glatzmaier who resigned. The unexpired tern will run to December 31, 1990. Ayes (7), Nays (0). Motion carried. Aldermen Bluhm moved, Hunziker seconded, to appoint Donna.Bailey on the Human Rights Commission, replacing Victoria Faucette. The three year term run to May 1, 1993. And to reappoint Daniel G. Holter and Dr. Anthony Sinkiewicz to three-year terms ending May 1, 1993. Ayes (7), Nays (0). Motion carried. Aldermen McConnell moved, Canfield seconded, to approve the requestec sanitary sewer connection for Lot 22, Block 1., Riverview Subdivision subject to payment of connection charges and receipt of a signed agreement relating to the annexation of the property. Ayes (7), Nays (0). Motion carried. Having no one from the Council objecting, Cheri Wheeler, 2228 13th Avenue N.W., spoke to the issue of banning of cigarette vending machines in the City of Rochester. Ms. Wheeler shared with the Counc: the 1344 names on petitions to ban cigarette vending machines. She asked if Council members had an opportunity to read the two -point model that was handed to members a few days ago and if there were any questions on it. She noted that there are now 18 cities in the State of Minnesota with total bans on cigarette vending machines; 21 cities that have partial restrictions that are much more strict than the new state law passed. She asked if Council members had seen the gallup poll in the Rochester Post -Bulletin a few days previously. Ms. Wheeler explained that she was speaking representing the task force as co-chair and asking the Council to consider the total ban of cigarette vending machines. Having no objection from Council members, Dan Berndt, 505 Marquette Bark Building, spoke to the issue of regulation of cigarettes. He noted that the issue facing the Council is how to prevent minors from obtaining tobacco, what has been done, what works and to keep focus on that as a goal. The legislature passed a law at the last session which says that we think there is an alternative to cigarette vending machines which is to allow a controlled situation. We believe that the best solution to keeping juveniles from smoking is through educat and sanctions. D & R Star has met with the Police Chief to discuss _1 on 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO Adiourned-MeetinR No. 32 - May 21. 1990 Agenda Item setting up an educational program which D A R Star would participate in the cost of. What you have before you tonight is an issue which E-1 is probably an emotional one. There is..no evidence that getting _rid (cont.) of cigarette vending machines is going to reduce the amount of cigarettes sold which means that those persons smoking before are probably going to continue to smoke. Mr. Berndt stated that he believes that the new State law should be given a chance to work and see what the impact is. If that and educational programs don't work, the Council can take another look at total ban on machines. Alderman.Solinger moved to -adopt an- ordinance - which would follow the pattern of the new State law adding "to it that (1) the electronic button on the machine be mounted in a fixed location somewhere out of sight and out of reach to -anyone but the operator that is selling, (2) proper signage be put on the cigarette vending.machine explaininj the button situation,..(3) a written notice of enforcement of all the licensing on cigarettes be sent to all license holders, (4) the conditions of the license must be posted at the license location alor with the license, and (5) the creation of a task force appointed by the Mayor and accepted by the City Council of all people to look at the situation and watch it as the State law unfolds and is tried. Discussion by the Council. Alderman Strain noted that violation of the State law is a gross misdemeanor punishable by,a $3000 fine and 90 days in jail. Mr. Strain noted that we should prosecute as this is what the public is demanding. Alderman Hunziker asked if it will be the seller or the business who employes the seller who will receive the fine. Mr. Suhler noted that as a practical matter the person who hands over the cigarettes will be the person prosecuted. Alderman Canfield noted that the Tobacco -Free Youth Task Force has several useful suggestions in their letter.among them to remove the entire burden from the shoulders of the parents because the mer- chants have.the responsibility to obey the law. Their second suggestion was that the Council incorporate into the ordinance penalties against the business which would include suspension of licenses as quoted in the City of Minneapolis law. Alderman Canfielc asked that an amendment to the original motion be made to include an additional penalty of complete revocation of the licenses for the business selling the cigarettes. Alderman Solinger noted that the one condition of his motion referrec to the posting of conditions of the license meaning who is selling or whatever are liable if they sell cigarettes.. He noted that this should take care of some of the problem of minors selling to other minors. 3539 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON N° 3540 CITY OF ROCHESTER, MINNESOTA Adjourned -Meeting No. 32 - May 21, 1990 Agenda Item E-1 (cont. E-2 COUNCIL Aldermen Canfield moved, Solinger seconded,. to amend the original motion that the City may at its discretion hold a public hearing for violators of the ordinance and act on suspension of their license. Ayes (7), Nays (0).. Motion carried. , N° 3 5.4 0 Mr. Suhler related.that.the amendment is somewhat redundant because the Council can move to suspend any license under the City ordinance! if there is a violation of the license. However, Mr. Canfield felt that it was important that enforcement be stressed. The original motion with amendment added was voted upon. Ayes (7), Nays (0). Motion carried. The Council asked that the ordinance be put into effect as soon as possible. The notice to all license holders is to be sent as soon as the ordinance is effective. Aldermen were concerned that the enforcement of this ordinance be in the strictest sense possible. Aldermen Solinger moved, McConnell seconded, that the City will notify all the license holders that the City intends on enforcing the existing cigarette ordinance. Ayes (7: Nays (0). Motion carried. Wishing to be heard was James Sheehan. Aldermen Canfield moved, McConnell seconded, to listen to Mr. Sheehan again on the issue of sidewalks 6n Wilshire Drive N.E. Ayes (7), Nays (0). Motion carried. James Sheehan, 1644 Wilshire Drive N.E. Mr. Sheehan noted that he had listened to the testimony of City staff on the tape of the May 7, 1990.Council meeting on school attendance information on Wilshire Drive. He noted that the information they received from school district personnel was incorrect and was changed about one year ago. Mr. Sheehan referred to Ordinance 1543, the sidewalk ordinance of the City, noting that it indicates that when it is determined because topographical conditions exist a sidewalk need not be installed. He stated that there are topographic conditions on Wilshire Drive that should be considered. The ordinance also states that sidewalks are not required where they serve no useful purpose. The sidewalk going down Wilshire Drive will serve no useful purpose. He asked that the Council table or delay this project that deals with only four residences and take the whole matter of Wilshire Drive in one item rather than four homes at this time. Alderman Solinger noted that Mr. Sheehan had a sidewalk in front of his home that was put in by a previous Council and that this is simply a replacement. Mr. Plumb noted that the bids have been advertised on the project a are to be opened on May 30th. The Public Services Department would like to proceed at this time. Children from this area would go to Winston Churchill School and adding a sidewalk would provide a continuous sidewalk from this area to Winston Churchill. 1 Agenda Item E-2 (cont. E-3 E-4 E-5 E-6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ,NO 3541 Adjourned Meeting No. 32 - May 21, 1990 Having no objection from the Council, Toni Hahn, 1652 Wilshire Drive N.E. Mr. Hahn spoke voicing her objection to the placement of a sidewalk in the area noting again the topographical conditions that exist. Aldermen Canfield moved, Solinger seconded, to proceed with the sidewalk project as previously approved at the May 7, 1990 meeting. Ayes (7), Nays.(0). Motion carried. Aldermen Solinger moved, Strain seconded, to adopt'Resolution # 251-90 authorizing bids to be advertised for Airport Southeast Taxi- way Construction (J-6912). Ayes (7), Nays (0). Motion carried. Aldermen Hunziker moved, Bluhm seconded, to adopt the following Public Utility resolutions: #252-90 - Burmeister Electric Company for furnishing 14 161KV dis-. connect switches for $121,908. #253-90 - Alton M. Johnson Company (Trench Electric) for furnishing 18 capacitor voltage transformers at $86,685. #254-90 - International Business Machines Corporation for a 1991-19 electric service agreement. Rates and conditions of service as stated in the contract. #255-90 - Border States Electric for distribution padmount switches for $24,685. Ayes (7), Nays (0). Motion carried. Aldermen McConnell moved, Canfield seconded, to instruct the City Attorney to prepare an amendment to Ordinance.2633 to correct a previously approved annexation which contained an erronous legal description and instruct the staff ofthe-Consolidated-Planning De- partment to take such steps as may be necessary to resolve the pro- blem. Ayes (7), Nays (0). Motion carried. Aldermen Canfield moved, Bluhm seconded, to approve the following licenses and bonds: Over -the -Counter Cigarette Sales - Sullivan's Downtown Liquor Master Installer's License - Tony Heroff Heating, Ventilating & Air -Conditioning Contractor's License - Daniel Williams DBA Dano's Chimney Sweep Gambling License - (raffle) Bear Creek Services Foundation Construct Cement Sidewalks, Curb $ Gutters, and Driveways - Mike Jensen DBA Jensen Construction Salvage Dealer License-.Olmsted,County Recycling Center Heating, Ventilating & Air -Conditioning Contractor's -License - Thoma: Haley DBA Haley Comfort Systems Annual Gambling License -_Rochester Eagles Aerie #2228 Auction Permit - Paul Myhrom DBA Honest Bike Shop Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .N° 3542 CITY OF ROCHESTER, MINNESOTA N9 35-42 Adjourned Meeting -No. 32 - May 21, 1990 Agenda Item E-7 E-8 E-9 E-10 E-11 E-12 E-13 Aldermen Solinger moved, Strain seconded, to deny the request for change in the Rochester Ordinance to allow the selling of off -sale liquor on January 1st and July 4th. Ayes (7), Nays (0). Motion carried. Aldermen Canfield moved, Hunziker seconded, to approve the semi- monthly payment of accounts in the amount of $885,007.84. Ayes (7), Nays (0). Motion carried. Aldermen Hunziker moved, McConnell seconded, to adopt Resolution #256-90 accepting the low bid of Aspen Equipment Company for a Bombardier BM-50 sidewalk plow at a cost of $33,498. Ayes (7), Nays (0). Motion carried. Aldermen Strain moved, Solinger seconded, to approve the annexation of 4.58 acres of land in Section 9"; Rochester Township, and instruct the City Attorney to prepare the required ordinance for adoption. Ayes .: (7) , Nays (0) . Motion carried. Aldermen Strain moved, McConnell seconded, to adopt Resolution #257-90 approving the Metes and Bounds Conveyance of Unplatted Land in Section 23, petitioned by Leslie A. Bluske, with the following conditions: (1) That the restriction against such conveyance will create an unnecessary hardship. (2) That such conveyance will not interfere.with the purposes of the subdivision regulations. (3) That the dedication of public utility or street easements is not involved. (4) That such conveyance involves the.division of a parcel into not more than three separate parcels. (5) That the new and residual parcels of land which would result from the conveyance will meet the frontage and area require- ments of the zoning ordinance. Ayes (7), Nays (0). Motion carried. Aldermen Strain moved, Bluhm seconded., to deny the request for vacation of a ten -foot utility easement in Innsbruck 3rd Subdivision, Ayes (7), Nays (0). Motion carried. Aldermen Solinger moved, Strain seconded, to adopt Resolution #258-9( proceeding with Project No. 6217-3=90 (J-9153) "Street Reconstructiot Concrete Curb and Gutter, Sanitary Sewer, Watermain and Service Con- nections in Tudor Court S.W. from 6th Avenue S.W. to the west line of Lot 14, Toogood Subdivision" and order a."hearing for June 18, 1990. Ayes (7), Nays (0). Motion carried.- C RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3543 Adjourned Meeting No. 32 - May 21, 1990 Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 E-20 E-21 Aldermen Solinger moved, Canfield seconded, to purchase 3.77 acres if fee simple interest and 5.66 acres in flowage easement on lands identified as Parcel 6 for the U.S. Army Corps of Engineers flood control project, and approval to purchase 113 Second Street N.E. and 117 Third Street S.E. in fee simple interest for the amount of $250,240. Ayes (7), Nays (0). Motion carried. Aldermen Canfield moved, Hunziker seconded; to approve a revocable permit.for footing encroachments. at the.new Clinic View addition project. Ayes (7), Nays (0). Motion carried. Aldermen. Solinger moved, Strain seconded, to adopt Resolution #259-6( approving an.agreement between the City of Rochester and the Dakota, Minnesota and Eastern Railroad for the 5th Street Expressway and authorizing the Mayor and City Clerk to sign such agreement. Ayes (7), Nays (0). Motion carried. Aldermen Canfield moved, Solinger seconded, to adopt Resolution. #260-90 adding paragraphs -to Section (B)."No.Parking Zones" of the Comprehensive Parking and Traffic Resolution book. The adopted resolution will place parking restrictions on various streets and avenues adjacent to the new Mayo Clinic Employee Parking Ramp at West Center and 5th Avenue. Ayes (7), Nays (0). Motion carried. Aldermen McConnell moved, Hunziker seconded,, to adopt Resolution #261-90 awarding the contract on Project No. 6305-4-89 (J-9081) "Grading and Paving, Street Widening and Resurfacing, Concrete Curb and Gutter and Storm Sewer on lst Street N.W. from 4th to 6th AVenue.N.W. and on 5th Avenue N.W. from Center Street to 1st Street N.W." to Rochester Sand and Gravel, Incorporated for $98,086.10. Ayes (7), Nays (0). Motion carried. Aldermen McConnell moved, Strain seconded, to adopt Resolution #262-90 authorizing payment for extra work covered by Supplemental Agreement No. 1 for Project No. 8608-0-89 (J-9125) in the amount of $3,102.12. Ayes (7), Nays (0).. Motion carried. Aldermen Hunziker moved, Bluhm seconded, to adopt Resolution #263-90 authorizing payment for extra work covered by Supplemental Agreement No. 1 for Project No. 6202-3-89 (J-9080) in the amount of $1,568. Ayes (7), Nays (0). Motion carried. Aldermen Solinger moved, Canfield seconded,.to purchase a private parking lot owned by Hanny's, Incorporated at 114-118 First Avenue for a part of the Civic Square Project site.- Ayes (7), Nays (0). Potion carried. The agreement will pay Hanny's $55,000 for the property, up to $4,890 for relocation costs and the 1990 property taxes. ,E. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N° 3544 CITY OF'ROCHESTER, MINNESOTA N9 3544 Adjourned Meeting No. 32 - May 21, 1990 Agenda Item E-22 E-23 F-1 F-1 F-1 F-1 Aldermen Hunziker moved, Solinger seconded, to approve Change Order No. 6 for the Peace Plaza in an amount not to exceed $12,300. The change order will allow for enlargement to the Peace Fountain to correct the water overspray. Ayes (6), Nays (1): Alderman_ Strain voted nay. Motion carried. Aldermen Canfield moved, Strain seconded, to approve an underground sanitary sewer agreement in the amount of $7500 with the Dakota, Minnesota and Eastern Railroad. Ayes (7), Nays (0). Motion carried An Ordinance Establishing an Agricultural Zoning District Within the City of Rochester was given a first reading. An Ordinance Annexing 4.58 acres of Vacant Land in Section 9, Rochester Township, was given a first reading. (Graciela and Garton) I An Ordinance Annexing land in the.East Half of the Northeast Quarte3 of Section 9-106N-14W was given'a first reading. (This ordinance corrects a previously -passed and adopted annexation for the Bell - Oaks property) An Ordinance Amending the Current Cigarette Ordinance to include provisions for stricter enforcement of vending machines was given a first reading.. Aldermen Solinger moved, Strain seconded, to suspend the rules and give the ordinance a second reading. Upon roll call vote: Aldermen Bluhm, Canfield, Hunziker,- McConnell, Solinger,- Strain and President Selby voted aye. Ayes (7), Nays (0). Motion carried.. The Ordinance was given a second reading. Aldermen Solinger moved, Bluhm seconded, to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. Having no -further business, Aldermen Solinger moved, Strain seconded, to adjourn. Ayes (7), Nays (0). Motion carried. Deput Cit -Clerk INFORMATIONAL ITEMS: Committee -of -the -Whole Minutes from April 16, April 23 and May 7, 19 r 90.