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HomeMy WebLinkAbout12-17-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3641 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 17, 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 ( 7:34 P.M.) and Strain. Absent:Nohe. McConnell moved, Bluhm second to approve the minutes of the December 10, 1990 meeting. Ayes (6), Nays (0).Motion carried. Alderman Solinger arrived - 7:34 P.M. B-1 A Hearing on the Interim Zoning Ordinance relating to portable signs Wishing to be heard was Bob Beaman of 913 llth St. S. E. and is the owner of the cow/buffalo sign which is portable. He is opposed to this ordinance because he would not be able to store or park this novelty. He now stores this at Snappy Stop. He stated that a portable sign could be acceptable if two cement blocks are placed on each corner to hold it down and this does not make much sense. Wishing to be heard was Mark Walsch of 912 9th St. S. E. and had a petition which stated that portable signs should be allowed in the City. Having no one elese present that wished to be heard, President Selby closed the hearing. Alderman McConnell could not see an ordinance completely banning the portable signs. Some businesses depend on these type signs. Alderman Solinger stated that some of the portable.signs are carried in at night and sometimes you need a portable sign for a week long sale, etc. Having no further discussion, Strain moved, Hunziker second to approve the initiating of the Temporary sign ordinance with the following three conditions: 1. Adv. umbrellas can be used if it is in conj-:unction with a rest. use. 2. Portable signs and changeable message signs can be used with a 1-: day , non-renewable permit. 3. Portable signs and changeable message signs cannot be made permanent. Upon Roll call vote, Aldermen Bluhm, Canfield, McConnell and Solinge voted nay. Nays (4). Aldermen Hunziker, Strain and President Selby voted aye. Ayes (3), Motion did not carry. David Rossman, Traffic Eng. stated that sometimes the portable signs get in the way of view of the traffic. He would like to see the Ordinance adopted. Phil Wheeler, Consolidated Planning Dir. urged the Council to adopt this Ord. since it is only temporary and they can work out the detai later when a regular Ordinance is presented to the Council. Canfield moved, Hunziker second to approve the Interim Zoning Ordinance Relating to Portable signs with the three recommendations as listed above. and change the number of days that are allowed for a portable sign from 1-7 days time limit. Ayes (7), Nays (0).Motion carried. The City Attorney was instructed to draft an Ordinance for adoption. s 3642 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 17, 1990 Agenda Item B-2, E-1 E-2 E-3 E-4 E-5 A Hearing on the Petition to vacate No. 90-17 - by the Salvation Army. This is for a portion of an 18' wide N-S Alley located alg the S. Side of 2nd St. N. E.to where the alley intersects with the CNWRR ROW. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Solinger second to adopt Resolution No. 541-90 approving the vacation. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the retention of Jim Erickson of Larkin, Hoffman, Daley and Lindgren, Ltd. for legal counsel services for the sales tax legislation in the 1991 legislatil session. Alderman McConnell stated that this is a terrible request. Mr. Erickson is suing the city in various -cases and the amount of $30,000. is not good. He is also not in favor of allowing out-of-- pocket expenses - there is no limit on that. Stevan Kvenvold, City Adm. stated that the choosing of this law firm was strictly based on ability and Mr. Kvenvold thinks this person and law firm is the best. Ayes (6), Nays (0). Alderman McConnell abstained. Motion carried. Bluhm moved, Strain second to adopt Resolution No. 542-90 approving the low bid of Rochester Sand and Gravel in the amount of $43,210.00 for the demolition of houses which have to be removed for the Civic Square project. Ayes (7), Nays.(0).Motion carried. Bluhm moved, Canfield second to table the request received from the Public Utility Board to approve a purchase agreement with Fred and Arnelda King DBA F & K Enterprises Inc. This would be to purchas the Ponderosa Campground property. Alderman McConnell is against selling this. He thinks the Public Utility Dept. should keep the ground. It was noted that the DNR did not have time to work out much details with the present owner and that they may have a workabl solution. Based on this, Bluhm moved, Canfield second to table this request. Ayes (7), Nays (0).Motion carried. The purchase agreement was $135,000. and the offer would run out at midnight Jan. 2, 1991. Canfield moved, McConnell second to approve the following licenses and bonds: Request from the Rochester Art Center of 320 East Center St. for a raffle at the Kahler Hotel on Feb. 23, 1991 to support the Art Center's educational program. Request from the Rochester Art Center for the same date for an Auction. Bond requirement was waived. Request from the Rochester Elks Lodge 1091 -917 15th Avenue S. E. for a Gambling Premise Permit for one year. (Renewal ). Request from St. Pius X Catholic Church of 1315 12th Ave. N. W. for Gambling permit. This is for a one year renewal. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the issuance of an On -Sale Intoxicating Liquor; Sunday Liquor, Dance License and Cigarette - for J-& R Lodging Services Inc. DBA Ramada Inn - 1625 S. Broadway. Ayes (7), Nays (0).Motion Carried. ( This is Jim Sadler Corp.). 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 364a ' CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 17, 1990 Agenda Item r E-6 Canfield moved, McConnell second to approve the Accounts Payable in the amount of $365,194.35 - List on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-7 Hunziker moved, Canfield second to adopt Resolution No. 543-90 approving the purchase of land for proposed new golf course.This is to be known as'Hawthorne Hills Assoc. Key components in the agreement are: 1. Purchase price $360,000. 2. Approx. 200 acres of land 3 & 4 Purchase includes the Hadley Valley School site and the Mahon's would be given a life estate to stay in the house. Barn would be us( as a maintenance building. The school site would be used for a clubhouse. 5. The City would grant a drainfield easement in a portion of the Nf corner of the property. Alderman Strain questioned if a couple of new.golf courses are beinc built in the City why is the City building another one. Roy Sutherland, Park and Rec. Supt. stated that the city participants can support another city owned course. They will do other things out there too, like ski, etc. Alderman Bluhm does not think the City should be in competition witf private enterprises, but will support this purchase. Alderman Solinger is opposed to this purchase. He stated that new courses are being built in the area and are only minutes away from Rochester. These, plus the new courses that are proposed by private citizens will be enough. He stated this purchase price is not a good deal. Alderman McConnell agreed that this is a high cost to purchase and would like to see this tabled for further study. He would like to see a different use concept, like a 20 year lease with option to buy, etc. Mr. Sutherland stated that the land purchase is the smallest phase of this project. Having no further discussion, vote was taken. Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried. E-8 Bluhm moved, McConnell second to adopt Resolution No. 544-90 approving the Ticketmaster Agreement for the Mayo Civic Center. This provides computerized ticketing hardware, software, outlet and telephone service for the Mayo Civic Center. .This agreement is for a five year term. Ayes (7), Nays (0).Motion carried. E-9 McConnell moved, Bluhm second to adopt Resolution No. 545-90 approving the Metes and Bounds Conveyance of .unplatted land - a 12 foot strip of land from one unplatted lot to another lot. The property is located alg the N side of 7th St. S. W. bet. 12 and 14 Ave S. W. Ayes (7), Nays (0).Motion carried. E-10 Strain moved, Solinger second to approve the Preliminary Plat 90-15 to be known a Bandel Hills 5th with the fol.lowing conditions: 3644 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - December 17, 1990 Agenda Item E-10 E-11 E-12 1. The easement bet. Lot 5 and 6, Blk 1 is not adequate to do repair work in case of problems. a 20 ft. min. is needed. This plat should not be approved without this size easement. 2. Address the drainage prov. that will be made to handle water coming out of planned storm pipe bet. Lots 5 and 6 Blk 1. 3. This plat will require parkland ded. in the form of a cash payment in lieu of land dedication. The required ded. will be decided by the Council at the time of the final plat. The Dev. has previous parkland ded. credits which will be reduced by the determined amt. 4. All easements nec. outside the boudnaries of the plat for utility const. must be provided to the City before a final plat is approved. 5. The owner of this property should pet. to rezone from R-3 to R-1 all land within this plat and any unplatted land to the north wi will be used for single family dwellings. The dist. boundary cuts thru'sev. of the proposed platted lots. These lots are planned to accommodate single family homes and therefore, it would be appropriate for them to be zoned R-1. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to adopt Resolution No. 546-90 approving setting -a hearing for Jan. 23, 1991 on a vacation of the existing street and alley ROW and Utility easements located in the Riverbend area. Ayes (7), Nays (0).Motion carried. This is subject to the following two conditions: 1. The petitioners must work with the utility companies to abandon and/or relocate any of the existing utilities in the ROW. Any nec. easements must be dedicated. 2. A thorough evaluation of the properties should be conducted to identify any possible unused wells or septic tanks, fuel and solvent tanks-, or fuel or solvent spills. This investigation should be completed prior to construction. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 547-90 setting a hearing to be held on Jan. 23, 1991 on the proposed vacation of the ROW for 6th St. N. W. West of llth Avenue ( Weber and Barlow Stores. Wishing to be heard was Catherine Moe, Corporate Finance office of Barlow Foods. She presented the new traffic control that Barlows will seek now that their store is complete. The area will provide wider ingress and egresses on 16th Ave. N. W. This will feature three lanes. Alderman Hunziker questioned the ability to get to the businesses on the other side of the three lanes and how the traffic flow would affect them. Stevan Kvenvold, City Adm. stated that the Public Services Dept. would respond to that question by the date of the hearing. Having no further discussion, vote was taken. Ayes (7), Nays (0). Motion carried. ich 1 [1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3645 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - Dec. 17, 1990 Agenda Item E-13 Bluhm moved, Strain second to adopt Resolution No. 548-90 setting a hearing for Jan. 23, 1991 on the Proposed project 9012-90 J 9171 Const. of San. Sewer, Subdrain, Storm Sewer and Fire Hydrant Assembl in Future Fox Valley Dr. S. W. from the E. Property Line of Foxcroft Second Sub. to the East Ln. of the Richard Hudson Property. Ayes (7), Nays (0).Motion Carried. E-14 Strain moved, Canfield second to adopt Resolution No. 549-90 approvi the City/County Traffic Signal Maintenance Agreement. Ayes (7), Nays (0).Motion carried. E-15 Canfield moved, McConnell second to adopt Resolution No. 550-90 approving the CY1991 contract with Rochester City Lines in the amount of $794,483.00. Ayes (7), Nays (0).Motion carried. E-16 Canfield moved, Bluhm second to adopt Resolution No. 551-90 approving the Parking Restriction - Essex Parkway - adding para 245.5 to Sec. B. No Parking Zones; - as follows: 245.5 - Essex Parkway NW from West River Rd. to 13th Ave., on the north side, at all times. Ayes (7), Nays (0).Motion carried. E-17 Canfield moved, Hunziker second to adopt Resolution No. 552-90 on the following parking changes: Amending Para 132.4 of Sec. B No Parking Zones,- 6th St. S. W., on the north side from 6th Ave. to loth Avenue; bet. the hours of 7 A.M. to 6 P.M. Mond. thru Friday. 4.35 - Limited Time Zone - Zone F - 6th St. S. W. on the N. side from 1/2 blk west of 4th Ave. to 6th Ave. bet. the hours of 8 A.M. to 5 P.M. Mon..thru.Fri. Ayes (7), Nays (0).Motion carried. E-18 Strain moved, Hunziker second to adopt Resolution No. 553-90 approving para. 24 to the Speical Parking zones as follows: one stall on the east side of llth Avenue S.E. in front of house 706 at all times, Handicapped Parking. Ayes (7), Nays (0).Motion carried. It is required that the owner blacktop the boulevard and remove this blacktop when this is no longer needed. E-19 Hunziker moved, Solinger second to adopt Resolution No. 554-90 and 555-90 declaring the costs to be assessed and ordering a hearing for Jan. 7, 1991 on Project No. 6241-88 J 9010 - Street Surfacing , Widening, C and G, Watermain on 41st St. N. W. from 19th Avenue N. W. to E. Ln. Candlewood. Ayes (7), Naysz (0).Motion carried. E-20 Solinger moved; Strain second to adopt Resolution No. 556-90 and 557-90 declaring the costs to be assessed and ordering a hearing to be held on Jan. 7, 1990 for Project No. 9003- J 9141- Reconstruct Residential Alleys in four locations in the city. Ayes (7), Nays (0).Motion carried. ���� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 19 - Dec. 17, 1990 Agenda Item E-21 E-22 E-23 E-24 F-1 H-1 Solinger moved,Hunziker second to adopt Resolution No. 558-90 and 559-90 declaring the costs to be assessed and ordering a hearing to be held on Jan. 23, 1991 on a previously postponed assessment agains Plat 5067 Parcel 06400 - Project 7002-0-78A J 8663 - San. Sewer Ext. in 24th Ave. S. E. from 15th St. S. E. to a pt. 300 feet N and the Ext. of San,Sewer in Melody, Mayfair and Mayhill St. S. E. from 24th Avenue S. E. to W. Ln Marvale Sub. Ayes (7), Nays (0). Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 560-90 authorizing the City Clerk to advertise for bids on J 4883 - Demolition of .three buildings; a ten unit motel building and 13th un- Motel Bldg. and an Office -Apt. building. Bids to be opened at 11:00 A.M. on Jan. 2, 1991. Ayes (7), Nays (0).Motion carried. Hunziker moved, Bluhm second to approve the selection committee for management personnel in the Fire Dept. This committee will be the Personnel Adv. Committee, the Chairperson of the Fire Civic Service Commission and the Fire Chief. The City Adm. and Emp. Relations Dir. will serve as Ex-officio capacity. Ayes (7), Nays (0).Motion carried. Bolinger moved, Strain second to adopt Resolution No. 561-90 authorizing Lead Cable Worker and Accounting Tech. I positions at Rcohester Public Utility. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Zoning;'providing for the Placement of Portable and/or Free Standing changeable Message Board Signs. This was given its first reading. Strain moved, Bluhm second to rescind a motion to instruct the City Adm. to submitia bill for the services by the City when the President of the United States came to Rochester on behalf of Sen. Rudy Boschwitz. Upon Roll call vote, Aldermen Bluhm, Strain and President Selby voted aye. Ayes (3), Aldermen Canfield, Hunziker, and Solinger voted nay. Nays (3). Alderman McConnell abstained. This being a 3/3 tie, the motion loses. Having no further business, Strain moved, Solinger second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. - t 1