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HomeMy WebLinkAbout05-20-1991372® Agenda Item A-1 B-1 B-2 B-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 -.May 20, 1991 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. Bluhm moved, Strain second to approve the minutes of the May 6, 1991 meeting. Ayes (7), Nays (0).Motion carried. A Hearing on the Vacation Petition of a 60' wide utility easement in Outlot A of Baihly Woodland 8th Sub. - end of Summit Dr. - by Southwest Woodlands Partnership. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, McConnell second to adopt Resolution No. 245A-91 approvi ng the petiti Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation of the blanket utility easement located over Outlot B, Rolling Meadows Sub. . Having no one present that wished to be heard, President Selby closed the hearing. Soling( moved, Bluhm second to adopt Resolution No. 246-91 approving the vacation. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed project No. 6204-2-91 J 9168 - Reconstruct- ion of 4th St. S. E. from 1st Ave. S. E. to the East Side of the 4th St. and 3rd Ave. Intersection plus the Reconstruction of 3rd Avenue S. E. from 4th St.S. E. to 450 Ft. So. Wishing to be heard was Jerry Patton of Flowers by Jerry - located on Third Ave. S. E. He wanted information about this project, such as if the street would be open so he would not have his business interrupted , cost , routing of traffic, etc. Don McGillivray of the Public Services Dept was present and explained the project to him. He stated that the street would be open at all times. Dr. Charles Schlotthauer of 414 Third Ave. S.E. and wanted to know if a left-hand turn could be put in since this was being reconstructed. He was -informed that it could not because of the need for the right hand turn on 4th St. and the traffic -would back up past his place of business while they are waiting for the traffic light to turn. Wishing to be heard was Larry Anderson of the Subway Shop. He was also wondering how the traffic pattern was going to be established and since his shop hires a lot of young people, he wondered if his business would be interrup- ted by this project. Public Services Dept.stated that the traffic would be allowed to go thru during construction, but the exact time and pattern was not worked out as yet. Every effort would be made, however, to accommodate the businesses. Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, McConnell.moved, Bluhm second to adopt Resolution No. 247-91 approving the project. Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried. Alderman Solinger voted against this because he feels with the construction of the Government Center, streets, sidewalks, etc. will be hurt and.this may have to be redone. Roger Plumb , Public Works Dir. stated that the project is funded by Municipal State Aid Turnback Funds and Special Assessments. Streets and sidewalks , etc. should be able to withstand the weight of the construction trucks, etc. At any rate, most of the really heavy equipment used for gradinc RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 372:1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - May 20, 1991 Agenda Item B-3 will be out of the area. So minimal damage, if any, would occur. B-4 A Hearing on the Proposed Reassessment of Projects J 8729, 8752 and 8993 - Sewer/Water Ext., Water Tower and Trunkline San. Sewer - this is for Louis J. and Phyllis H. Vangalis - Total amount is $4,000.00 originating from a Court Order. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, McConnell second to adopt Resolution No. 248-91 approving the reassessment. Ayes (7), Nays (0).Motion carried: B-5 A Hearing on the Zone Change 91-4 by Payne Company to rezone property located in Northern Slopes Sixth Sub. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, McConnell second to approve zone change. Ayes (7). Nays (0). Motion carried. The City Attorney will present an Ordinance for adoption. B-6 A Hearing on the Land Development for the City of Rochester - This is on the proposed Zoning Ordinance and Land Dev. Manual. Wishing to be heard was Ed Lunn ,President of the Rochester Area Builders and asked the Council to hold this over until the Rochester Area Builders have had a chance to look at this further. He said a couple of days is not enough to read this big manual. Alderman Bluhm stated that this Ordinance will not be in effect until Nov. 1, 1991 and in that time if any changes are to be made, it can be made during this time. Bob DeWitz of 602 llth Avenue N. W. wished to be heard and said he spent a week looking at this and went over various items that he would like to see changed or have the Committee look at again before the Council adopts this Ordinance. Phil Wheeler, Planning Director explained how some of the items that Mr. DeWitz spoke of were developed. Wishing to be heard was Maggie Brimijon of 1214 6th St. S. W. and stated that she served on the Planning Commission years ago when this topic was being worked on and she is happy to see that it is in the form. Dan Wagner of 1141 6th St. S. W. wanted this continued for the buyers and homeowners to go:over this and members of the original Task Force to study the changes that the Council may have done before this was presented to the public in manual form . Wishing to be heard was Paula Chamberlain of 3603 17th-Avenue N. W. and wanted more rules on the B-lb district and buffers between that zone and the R-1 - Professional zones vs private - etc. This needs more work. Wishing to be heard was Charlie Benson of 4426 23rd Ave. N. W. and had a procedural question. He did not want the Council to make changes without another public hearing. He would like to have a hearing if any changes are made. Wishing to be heard was Ron Baihly of 1339 32nd St. N. W. and worked on this task force committee also. He wondered what happened to the zoning map and if this was available for review. Don Soderberg of 130 Chevel Lane wanted another hearing also with the corrections as is being considered in this manual and maps. They would like to have a chance to review the changes. 33722 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - Mayes, 1991 Agenda Item IM E-1 E-2 E-3 E-4 E-5 Alderman Canfield stated that the second reading of the Ordinance will be held in October and any changes can be made before that time. Terry Adkins, City Attorney stated that IF the Ordinance is given its first reading this evening, then any changes at all would have to have a public hearing first. Alderman Solinger asked if no readings were given. Mr. Adkins stated then the action is in obeyance. Wishing to be heard was Dick Hexum, a member of the committee appointed to study this issue. He would like this committee to get together again and study the changes. He would like to have this tabled. Having discussion by the Council and -having no dne else present that wished to -be heard; President.Sel•by closed the hearing. Bluhm moved, Canfield second to continue this until October 7, 1991 when we will reopen the hearing to allow any amendments or changes proposed to the present ordinance. Alderman Hunziker stated that someone will always have a problem. This has been back and forth for the past five years and this is ridiculous. After further Council discussion, Canfield moved, Strain second to amend the motion to have all input or amendments or changes on the Zoning Ordinance and Land Development Manual to be considered by the Council be submitted to the Planning Director by the end of July, 1991. This will then be brought back to the Council and considered as stated in the original motion. Ayes (7), Nays (0). Vote was taken on the original motion. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the transfer of the necessai funds (approx: $6,000.) from the Future Construction Account for the painting of the Civic Theatre Exterior. Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 249-91 authorizing the Mayor and City Clerk to execute the lease agreement with Mn. Pollution Control Agency for Air Monitoring Site. This will be put-on the existing Animal Pound Facility. Ayes (7), Nays .(0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 250-91 calling for a public hearing on June 17, 1991 for the purpose of considering the request of Samaritan Bethany Inc. for Revenue Bond financing in an amount not to exceed $11,000,000.00. Ayes (7), Nays (0).Motion carried. Canfield moved, Bluhm secondto adopt Resolution No. 251-91 approvini, the purchase of 315,319,324,326 and 328 South'Broadway for a price of $170,000. subject to the conditions .listed in the City's purchase agreement. Price is to be paid from tax increments. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the following Resolutions as adopted by the Public Utility Board: RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA °�'�� Adjourned Meeting No. 32 - May 20, 1991 Agenda Item E-5 Resolution No. 252-91 approving a purchase order with Swenke Company Inc. for watermain relocation at 55th St. N. W. thru Hwy 52 No. Amt. $66,421.00. Resolution No. 253-91 approving a purchase order agreement with Interstate Motor Trucks., Inc. for one truck cab and one truck chassis and one truck cab and chassis with dump body. Amt. is $66,472.00. Resolution No..254-91 approving a purchase order agreement with AmeriData Systems, Inc. under the State of Mn. purchasing contract for 1991 microcomputer hardware equipment and software in the amount of $128,775.00. Ayes (7), Nays (0).Motion carried. E-6 McConnell moved, Canfield second to approve the following licenses and bonds: Request received from James,Miller and Michael Marsh DBA M & M Masonry - Mazeppa - for a cement sidewalk, curb and gutters and driveways in the City of Rochester. Request from Steve Jech DBA Jech Excavating of Elgin for a Sewer and Drain license. Request received from the following .for a Master Plumber's License. Dale H. Maass DBA Dale Maass Plumbing and Keith Zimmerman DBA Rosetown Mechanical of Coon Rapids , Mn. Request received from V.F.W Post 1215 16 -6t1i St. S. E. for a Gamblir Premise Permit. Request from the Olmsted Co. Agr. Assn of Rochester for a Temp. on -sale 3.2 beer and an Over -The -Counter Cigarette License for the .Olmsted Co. Fair to be held on July 29 - August 4, 1991. Ayes (7), Nays (0).Motion carried. E-7 Will be considered at the end of the minutes. E-8 Solinger moved, Bluhm second to approve the issuance of an Outdoor Dining Permit to Coney Island I.ce Cream Parlor with the conditions that the Public Services Dept and Downtown Dev. Dept. O.K. the placement of the tables, etc. Ayes (7), Nays (0).Motion carried. E-9 McConnell moved, Bluhm second to approve the Accounts Payable in the amount of $1,268,342.16. List on file in the City Clerk's Office. Ayes (7), Nays (0).Motion carried. E-10 Bluhm moved, Strain second to adopt Resolution No._255-91 awarding the low bid of Modular Computer Systems for two years in an amount of $22,104.00 for Computer Maintenance at the Water Reclamatio Plant. Ayes (7), Nays (0).Motion carried. E•-11 Alderman Bluhm moved, Canfield second to approve Resolution 256-91 the transfer of property in Northern Heights East to Roger Payne With all costs paid by Mr. Payne. Ayes (7), Nays (0). Motion carrie 3724 Agenda Item E-12 E-13 E-14 E-l5 E-16 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 32 - May 20, 1991 Solinger moved, Canfield second to adopt Resolution No. 257-91 approving a Leave of Absence -medical from Cheryl Stevens at the Rochester Public Utility from May 16 thru July 8, 1991. Ayes (7) Nays (0).Motion carried. Solinger moved, Bluhm second to approve the General Development Plan for the Kings Run Dev. 18th Avenue and 55th St. N. W. with the 10 conditions as listed on the Request for Council Action - Planning and Zoning Commission recommendations.. After Council discussion Hunzi.ker moved;.:.McConnell. second.:to-.i.nstruct.the Develop, to -."have. the. money _escrowed : to. bui.l d. now .for/.to pay for .the s:i.dewal.ks stated'as a condition.After further Council discussion, Bluhm moved, Strain second to amend the second motion to further state that if there is no need for the sidewalk or if streets are constructed by the year 2000 then the money be refunded with interest on the money earned. Ayes (7), Nays (0).Motion carrier Vote was taken on the second motion. Ayes (6), Nays.(1). Alderman Blu-hm voted nay. Motion carried. The original motion was now voted on - Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to approve -the Preliminary Plat 91-15, Kings' Run with the following five conditions: 1. Utility easements and sidewalk locations should be identified on the plat consistent with city standards. 2. A grading, drainage and erosion control plan must be submitted for this plat. 3. Park dedication ,requirements must be met. 4. A legal desc. of the unplatted, residual parcels owned by the applicant should be provided with the final plat documents.. 5. The Dev. will need to conduct a flood level study as requested in the reveiw of the general' Dev. plan before this plat goes for final review. Hunziker"moved, McCoonnell second to instruct the Dev. to have the money escrowed to build now for/to pay for the sidewalks stated as a condition. Bluhm moved, Strain second to amend the second motion to further state that if there is no need for the sidewalk or if streets are constructed by the year 2000 then the mone be refunded with interest on money earned. Ayes (7), Nays (0). motion carried. The second motion was voted on - Ayes (6), Nays (1). Motion carried. The original motion was voted on. Ayes (7), Nays (0). Motion carried. Strain moved, Canfield second to approve the. Preliminary Plan known as Foxcroft 6th Sub. with the four conditions as listed on the Request for Council Action recommended by the Planning and Zoning Commission. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 258-91 and 259-91 ordering a feasibility report and a public -hearing to be held on June 3, 1991 on New Sidewalk ( both sides ) of Cortland Lane S. W. No. 6-91 J 9195. Ayes (7), Nays (0).Motion carried. 1 E-17 Bluhm moved, McConnell second to adopt Resolution No. 260-91 and 261-91 ordering a feasibility report and a public hearing to be held on June 3, 1991 on New Sidewalk (.both sides).Lincoln Lane N. W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Admourned MeegIT pF.R H a� E M fflfSOTA 3725 g -ay 0, Agenda Item E-17 Project 5-91 J 9161. Ayes (7), Nays (0).Motion carried. E-18 Canfield moved, Bluhm second to adopt Resolution No. 262-91 and 263-91 ordering costs to -be assessed and a public hearing for Sidewalk Replacement Project No. 1- 1990 to be held on June 17, 1991. Ayes (7), Nays (0).Motion carried. (J-9146) E-19 McConnell moved, Strain second to adopt'Resolution No. 264-91 and 265-91 declaring the costs to be assessed and ordering a public hearing on New Sidewalk Project No. 3-1990 J 9148. Ayes (7), Nays (0).Motion carried. E-20 McConnell moved, Canfield second to adopt Resolution No. 266-91 adding para. 43.6 to Sec. B No Parking zones - lst Ave. S. W' on both sides from 22nd St. to the S. until the streets ends;at all times. Ayes (7), Nays (0).Motion carried. E-21 Hunziker moved, Solinger second to adopt Resolution No. 267-91 amending the Comp. Traffic and Parking Res. book in regards to 1st Avenue S. W./ 200 block. Ayes (7), Nays (0).Motion carried. E-22 Bluhm moved, Hunziker second to adopt Resolution No..268-91 amend. Para. 99 , 100 and 100.5 of the Sec. B No parking zones - Parking restriction - 4th St. S. E.; Zumbro River to 3rd. Ayes (7), Nays (0).Motion carried. 100.5 is deleted. E-23 Bluhm moved, McConnell second to table the request for Driveway Permits on 920 11 1/4 St. S. W. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to table the request for driveway permit for 101 loth St. N. E. Ayes (7), Nays (0).Motion carried. E-24 Canfield moved, Bluhm second to reject the low bid submitted by Swenke Co. in the amount of $64,156.00. The Eng. Est. was $49,257.00 and Rom Hall of 331 East Riverview Est. was present and stated that as a petitioner for this project, he nor the involved peoplein this project were willing .to pay that much for this benefit. Ayes (7), Nays (0).Motion carried. E-7 Strain moved, Bluhm second to approve the application for a Pawnshop License for Sioux Falls Real Estate Exchange, Inc. at 14 4th St. S. W: Ayes (6), Nays (1). President Selby voted nay. Motion carried. F-1 An Ordinance Rezoning property to R-1 and R-2 in Northern Slopes 6th Sub. Plat was given its first reading. F-1 An Ordinance on the Annexation of 20.22 acres 'of land in portions of the No. half of SW 1/4 of Sec. 32, T107N R14W was given its second reading.. Strain moved, Bluhm second to approve the Ordinance as read. Ayes (7), Nays•:(0).Motion carried. F-1 An Ordinance creating Chapter 86 of the RCO relating to Municipal Employment was given its second reading. Strain moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0), Motion carried. -A ►► 2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 32 - May 20, 1991 Agenda Item F-1 An Ordinance Creating Chapter 13 of the RCO relating to Code of Ethic for Public Officials , City Employees and members.of the Public Organization. This was given a second reading. Solinger moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0) Motion carried. F-1 Strain moved, Bluhm second to adopt Resolution No. 269-91 approving an Owner contract with Yaggy Colby, Inc. for Basic Construction in Baihly Woodland 9th Sub. Ayes (7), Nays (0).Motion carried. F-1 McConnell moved, Strain second to adopt Resolution No. 270-91 approv- ing an owner contract with McGhie and Betts, Inc. for San. Sewer and Watermain Ext. thru proposed Essex Est. 3rd Sub. Ayes (7), Nays (0).Motion carried. G-1 Strain moved, Bluhm second to remove the Transfer of'the Tax Increments to the School District from the table. Ayes (7), Nays (0) Motion carried. Wishing to be heard was Vernon Johnson, Supt. of Schools and he urged the Council to approve this transfer of "TIF" Tax Increment Funds to the Public School as their share of the money accumulated in TIF. He stated that the school will provide the ' school crossing guards at a cost of approx. $84,890. per year. He stated that the School District was not willing to accept the TIF money on the basis that they work with B.E.T. rather then the City continuing with their share- the School is willing to take their share, but the City and County will have to contribute separately and not use theTIF money that the school has coming. After Council discussion, Alderman-Solinger stated that these funds were not generated by the school and is not in favor of transferring the funds. He stated that with the economic condition of the State and the cutting of State Aid, we better keep these monies. Alderman Bluhm agreed with Alderman Strain. Alderman Canfield thinks transferring the money is a good idea and thinks this money along with the transfer of the school crossing guards to the school is good.' Having no further discussion, Vernon Johnson wished.to state that the funding of B.E.T. would be something they would not do and urged the Council to approve the transfer minus this condition. Canfield moved, McConnell second to table this. Upon Roll call vote, Aldermen Bluhm, Hunziker, Solinger, Strain and President Selby voted nay. Nays(5), Aldermen Canfield'and McConnell voted aye. Ayes (2), Motion did not carry. Solinger moved, Bluhm second not to transfer any monies to the School. Upon Roll call vote, Aldermen Bluhm, McConnell , Solinger and Strain voted aye Ayes (4), Aldermen Canfielc Hunziker, President Selby voted .nay. Nays (3). Motion carried. Money was not transferred. G-2 The proposed assessment on Grading , Surfacing, Curb and Gutter on 9 Ave. S. E. from 6th St. S. E. to llth St. S. E. was brought before the table. Strain moved, Hunziker removed the item. Ayes (7), Nays (0).Motion carried. Ted Schwen of 1014 9th Ave. S. E. stated that the sidewalks, curb, etc. are still in bad repair. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3727 Adjourned Meeting No. 32 - May 20, 1991 Agenda Item G-2 Roger Plumb, Public Services Dir. stated that he checked the area, but did not walk it. After Council discussion, Strain moved, Solinger second to table this until Mr. Plumb looks at the work again. Ayes (7), Nays (0). Motion carried. H-1 Bluhm moved, Strain second to adopt Resolution No. 271-91 requesting League of Mn. Cities to help in the matter of the complaint on the annexation of a portion of the Service Territory of People's Cooperative Power Assoc. by the City of Rochester ( No. Park Add.). Ayes (7), Nays (0).Motion carried. Having no further business, Bluhm moved, Strain second to adjourn the meeting . Ayes (7), Nays (0).Motion carried. The meeting was adjourned.until 4:30 P.M. on Wednesday, May 22, 1991 for the purpose of approving the Canvass for the City.Charter/ School District 535 and 534 Elections held on May 21, 1991. City Clerk L