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HomeMy WebLinkAbout04-20-1992Agenda Item A-1 : IA 1 : B-4 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby ;Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger (7:31 P.M.). Absent: None. McConnell moved, Canfield second to approve the minutes of the April 6 and 9, 1992 meetings. Ayes (6), Nays (0).Motion carried. ,7:31 P.M. A Hearing on the Amendment of the 1992 Final Statement - CDBG Program - Rochester/Olmsted Community Housing Partnership (ROCHP) Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Crawford second to adopt Resolution No. 208-92 approving the change of use of.CDBG funding appropriation for the Rochester/Olmsted Community Housing Partnership from assistance with acquisition to assistance with staff costs. Ayes (7), Nays (0).Motion carried. A Hearing on the Project 6220-3-92 J 9024 Reconstruction and Widening of 20th Street S. W. from South Broadway to 1st Ave. S. W. Wishing to .be heard was Tom Hexum of 155 5th Avenue S. W. and wanted more information about the project from Public Services. Mr. Plumb Public Services Director presented the plan and the map to Mr. Hexum. Wishing to be heard was Mary Ann Carlson of 14 20th St. S. W. and wondered about the sewer system. They currently have a deep ditch full of water when it rains and she wondered if the new sewer could handle all the water. Mr. Plumb stated that sewers are built to handle 10-15 year rain water levels. Having no one else present that wished to be heard, President Selby closed the hearing. Because there were some unanswered questions about the project, the Council wished to table this. Canfield moved, Crawford second to table this until May 4, 1992. Ayes (7), Nays (0).Motion carried. A Hearing on the Final Plat to be known as South Park Three. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Canfield second to table this until. the May 4; 1992 meeting. Ayes. (7), Nays (0).Motion carried. A Hearing on the Site Planning Permit for a zone change and a land subdivision permit (type III phasecii Preliminary Plat)Whiting Lane Subd. President Selby stepped down from President and President Pro-Tem Solinger conducted the meeting.. President Selby has land near the subdivision. Wishing to be heard was Mike Nigbuhr of McGhie and Betts, Inc. representing the builder and is present for any questions the Council may have. Wishing to be heard was Eric Tomanek of 4037 Alberta Dr. N. E. and was concerned about the drainag plans and grading. Mr. Roger Plumb stated that the grading plans have not been submitted yet. Jane Kansier of the Planning Dept. stated that they have not been submitted but this is only the prelim' imary plat and they will be submitted before the final plat is received. Having no one else present that wished to be heard, President Pro-Tem Solinger closed the hearing. 3897 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA AdJourned MeetinTNo 27 - April 20, 1992 Agenda Item B-4 Petersson moved, McConnell second to approve the Facts of Findings as presented:by the'City Attorney with the two conditions as listed by the Planning Commission. Ayes (6), Nays (0). Abstained (1) President Selby abstained. Canfield moved, Petersson second to instruct the City Attorney to prepare an Ordinance making the zone change as requested. Ayes (6), Nays (0). Abstained (1). President Selby abstained. Motion carried. President Selby returned to conduct the meeting. B-5 A Hearing.on the Final Plat of Bamber.Corner Third. Wishing to be heard was -Arnold Bomgaars of 820 10 112 St. S. W.-and was present for any questions the Council may have. Having no one else present that ished.to be heard, President Selby closed the hearing. Crawford moved, McConnell second to adopt Resolution No. 209-92 with the five conditions as listed by the Planning Staff in.their recommendatiol Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Variance to modify the Flood Protection Requirements as applied to Property located at 1201 South Broadway. -Wishin.g to be heard was Dennis Growe,Vi'ce President 6f Rainbow Foods in Minneapolis, n. He presented drawings for the new store to be located in .the former Sears store at Crossroads. He stated that this property is under the Flood Fringe zoning. Because of the extensive improvements to the area and the fact that DNR and FEMA canapprove this zone at this time, they are -asking Council approval to move forward. Having no one else present that wished to be heard, President Selby closed the` -bearing. Petersson moved, Solinger second"to adopt Resolution No. 210-92 approving the request contingent on receipt of a letter from FEMA approving the use of the building as planned. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Amendment to Land Dev. Manual regarding accessory uses (i.e.chicken raising). Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Canfield second to instruct the City Attorney to prepare an Ordinance approving this amendment. Ayes (6), Nays (1). President Selby voted nay . Motion carried. B-8 A Hearing on -the Petition to vacate the ROW for the Villa Rd. N. W. between Lot 1, Blk 2 and Lot 11, Blk 1 of the Harborage Sub. Wishing to be heard was Bill Lane of'5608 Chateau Rd. N. W. He is opposed to this because he does not want this road to go thru but.woul like to see this land vacated and use as open space. His lot is on the back side of the proposed vacated lot. Wishing to be heard was Elanzo of 5603 Longboat Rd. and sent a petition of people opposing this sort of activity in the area. That contained 160 people representing the Harborage Sub. He reviewed the past protests made by the people in the area at various bodies in Rochester. A citizen of 1510 Manor Ct. N. W. was present and stated that he is opposed to this. Wishing to be heard was Al Weins of Cascade Twp. He went over the road structure and stated that Cascade Twp recommends the Council to deny this request. After Council discussion, Petersson moved, Solinger second to deny the request. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 Agenda Item B-8 Ayes,(6), Nays (1). Alderman McConnell voted nay. Motion to deny was approved. C-1 Petersson moved, Canfield second to approve the appointment of Donald L.-Vincent to the position of Mechanic in the Fire Dept. effective May 1, 1992. Ayes (7), Nays(0). Motion carried. C-2 Solinger moved, Hunziker second to approve the appointment of Michael Gerber of 1421 Third Avenue S. E. to the Housing and Red. Authority and the term will expire June 1996. Ayes (7), Nays (0).Motion carried. C-3 Canfield moved, Crawford second to approve the Mayor's appointment of Franklin W. Iossi to the Library Board- three year term will expire on Jan. 1995. Ayes (7), Nays (0).Motion carried. D-1 Julie Leisen of DeWitz Construction 602 llth Ave. N. W. wished to be heard and urged the Council to waive the waiting period required for. an Ordinance to be adopted by the Council. She needs this for the filing of the final plat of Cimarron 15th Sub. Financing has opened up and this would help them market the development. She was told -that this item wi-11 be taken up in the Ordinance and Resolution sectionof the meeting. No action was taken at this time. D-2 Solinger moved, Hunziker second to adopt Reso.lution No. 211-92 to refer the petition for local improvement requesting the install- ation of curb and gutter in the west side of llth Avenue N. W. This was referred to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. E-1 McConnell moved; Crawford second to adopt Resolution No. 212-92 approving the assessment agreement between the City and Frank Kottschade of North American Realty '.. This in in the amount of $76,433.94. Ayes (7), Nays (0).Motion carried. E-2 Canfield moved, Hunziker second to adopt Resolution No. 213-92 reflecting the Council's support in the Community Development Block Grant Program. Ayes (7), Nabs (0).Motion carried. E-3 Petersson moved, Canfield second to approve the Potential Revisions to Alcohol Free Ni-ght Ordinance requirements allowing a premise with more than -one licensed bar to operate an alcohol free night. The City Attorney would draft an Ordinance for adoption. Upon Roll call vote Aldermen Canfield, Crawford, Petersson, Solinger and President Selby. Ayes (5), Aldermen Hunziker and McConnell voted nay. Nays (2). Motion carried. E-4 Canfield moved, Solinger second to adopt Resolution No. 214-92 approving the Memorandum of Understanding for Lawler's Inc and author. ize the City Clerk and the.Mayor.to execute the documents on behalf of the City. This is contingent on receipt of a formal notice that the Kahler Pla'za lawsuit against the C-ity and the. County has been dropped prior to this action. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3901® CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 Agenda Item E-5 E-6 E-7 Solinger moved, McConnell second to adopt Resolution No. 215-92 approving the issuance, of a six month temp. street occupancy for the installation of guide signs for Mayo Clinic as presented in the attachments subject to Mayo,.providi.ng.the:City with a hold -harmless agreement protecting us from any property damage or liability - associated with the signs. Ayes (7), Nays (0).Motion carried. Hunziker moved,-Crawford.second to approve the low proposal of Rochester Plumbing and Heating in the amount of $6,588.00 for one hot water storage tank located in the Terminal Building of the Rochester Municipal Airport. This is a replacement. This was the low proposal• and was recommended by the Rochester Airport Commission. Ayes (6), Nays..O ).Motion carried. lderman Petersson left the meeting - 9:05 P.M. McConnell moved, Crawford second to adopt. Resolution No. 216-92 authorizing the City Clerk to advertise for bids on remodeling of the food service area at the Rochester Municipal Airport. Bids to be opened at 11:00 A.M. on May 14, 1992. Ayes (6), Nays (0). Motion carried. McConnell moved, Solinger second to approve the following Resolutions as approved by the Rochester Public Utility Board: Resolution No. 217-92 approving a.contract agreement with Odland Protective Coatings, Inc. for repair ofa 300,000 gallon Co. Club Manor Water Tower in the amount of $116,780.00. Resolution No. 218-92 approving a -purchase order with C Reiss Coal Co. for coal at $24.50/ton in an amount not to exceed $300,000. Resolution No. 219-92 approving a purchase order with Elkhorn Coal Sales Corp. for coal at $38.45 / ton in an amount of $200,000. Resolution. No. 220-92 approving a purchase order with Peoples Natural Gas for fuel supply gas not to exceed $500,000. Resolution No. 221-92 approving a purchase order with River Trading Co. for coal at. $37.15/ton in an amount not to exceed $200,000. Resolution No. 222-92 approving a purchase order with Sahara Coal Co. for fuel at'$33.85 /ton in an amount not to exceed $1,000,000. Resolution No. 223-92 approving a purchase order with TexPar Energy Inc. for coal at $24.90/ton in an amount of $50,000.00 Resolution No. 224-92 approving a purchase order with Consolidation Coal Co. for coal at $37.50/ton in an amount not to exceed $200,000. Resolution No. 225-92 approving a contract agreement with Doyle Conner Co. for Mayo Foundaiton'Substation sitework in an amt. of $52,313.68. 1 Agenda Item E-9 �mtv RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA "90A Adjourned Meetinq No. 27- April 20, 1992 Resolution-No..226-92 approving a purchase order with Southern States for disconnect switches in the amount of $67,100.00 Resolution No. 227-92 approving a contract amendment between Illinois Central RR Company Soo Line RR Co. and Dakota Mn./and Eastern RR Corp. for rail transporation contract. Resolution No. 228-92 requesting the week of May 3-9, 1992 as Drinkin Water week in Rochester, Mn. Resolution No. 229-92 approving a purchase order with Petersen-Wisdor- for cable in th mount of $76,902.00. Ayes (6;, Nays e(O�.Motion carried. Crawford moved, McConnell second to approve the following licenses and .bonds: Auctioneer - Kenneth Blood of Pine Island Cigarette - Vend. Mach.- D & R Star for Greenside Grill Heating Contractor - Gerald R. Rishavy DBA J.R.'S Plumbing -:arid Heat. Master Installer - Gerald R. Rishavy Master Plumber - Feder Plumbing and Heating - Medelia Mn. J.R.'S Plumbing and Heating, Roch. Mn. Sewer and Drain - Michael H. Lawson.of Stewartville, Mn. Ken Yeadon - Tank Concrete of Sewartville, Mn. Misc. Activities - Buddy Poppy Sales - VFW Post 429 on May 14 and 15. Walk -A Thon of Rochester. Area Special Olympics - May 30, 1992 Women's Running Race - Rochester Track Club on July 25, 1992. Ayes (6), Nays (0).Motion carried. Hunziker moved, Crawford second to adopt Resolution No. 230-92 setting a public hearing for May 18, 1992 on the Snow,Weed,Tree Debris Removal and Unpaid Sewer/Water Charges. Ayes (6), Nays (0). Motion carried. Crawford moved, McConnell second to approve the Accounts Payable in the amount of $771,729,08- list on file with the City Clerk. Ayes (6) Nays (0).Motion carried. Crawford moved, Crawford second to adopt Resolution No. 231-92 approving the Director of Employee Relations to sign the agreement for the Summer 1992 and School year 1992-1993 Work Study with Roches Community College. Ayes (6), Nays (0).Motion carried. Solinger moved., Hunziker second to instruct the City Attorney to prepare an amended ordinance changing the zone to B-4 by Daryl Nigon and Donald Krahn. this is for 2.28 acres in Sec. 12 Roch. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 232-92 approving the Wetlands Conservation Act of 1991 and become the LGU (Local Gov. Unit ) for the State. Ayes (6), Nay (0).Motion carriec 1W RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3902 Agenda Item E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 Alderman Petersson arrived back in the meeting - 9:10 P.M. McConnell moved, Petersson second to authorize initiation of Eminent Domain proceedings for 37th Street Project. Ayes (7), Nays (0). Motion carried. Resolution 233-92 was adopted. Petersson moved, McConnell second to adopt.Resolution 234-92 and 235-92 ordering a feasibility report and a hearing to be held on May 4, 1992 on New Sidewak Project No. 1-1992 J 9234. Ayes (7), Nays (0).Motion carried. Hunziker moved, Solinger second to adopt Resolution No. 236-92 and 237-92 ordering a feasibility report and a public hearing to be held on May 4, 1992 on New Sidewalk Project 2-1992 J 9235. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resoltuion No. 238-92 awarding the low bid of $64,156.00 to Swenke Co. for Project No. 6223-1-90 J 9166 San. sewer and Watermain Ext. in 23rd St. N.E. from E. River Rd. to serve Lost 13 and 14 Christensen-Sehl Sub. and others Ayes (7), Nays (0).Motio ncarried. McConnell moved, Canfield second to adopt Resolution No. 239-92 awarding the low bid of $105,560.85 to Progressive Contractors, Inc. for Project 6200-1-90 J 4873 - Overlay Bridge Deck on Bridge No. 55517 on East Center Street over the Zumbro River. Ayes (7), Nuys (0) Motion carried. Crawford moved, Petersson second to adopt Resolution No. 240-92 and 241-92 ordering a feasibility report and a public hearing to be held on May 18, 1992 on Project No. 8103-90A J 9158 - Street Const. , Concrete Curb and Gutter , Driveway Paving, Service Connections and Storm Sewer in 16th Avenue S. E. from the S. Ln. Outlot A Homestead Acres to 8 1/2 St. S. E. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to adopt the resolution approving no parking from 9 A.M. to 10;A.M. on 15th Avenue S. W. Alderman Solinger moved, McConnell second to amend the motion to make this a temporary time during the construction period of St. Mary's. Ayes (7), Nays (0).Motion carried. The first motion was not voted on - Ayes (7), Nays (0).Motion carried. Solinger moved, Petersson second to adopt Resolution No. 243-92 approving the No Parking Zones to read: 209.05 - 14th Avenue S. W. on the W. Side from 75' S. of 7th St. S. W. to TH 52/14 E Front. Rd. between the hours of 9 A.M. to 10 A.M. Mon. thru Fri. and only temporary thru the construction period of St. Mary's. Ayes (7), Nays (0).Motion carried. Solinger.moved, Crawford second to adopt Resolution No. 244-92 amending the parking resolution book regarding the parking request on 4th Avenue S. W./200 Blk. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-24 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 390S CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 Petersson moved, Hunziker second to adopt Resolution No. 245-92 requesting Mn/DOT to conduct a speed zone study on 41st St. N.W. from TH 52 to 31st Avenue. Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning property to R-1 in Sec. 24 - T107N R14W Whiting Lane Sub. was given its first reading. An Ordinance Amending and Reenacting Sec. 62.272 of the RCO relating to the boarding of Animals or the keeping of fowl or farm animals as accessory uses was given its first reading. An Ordinance Rezoning property to B-4 in Sec. 12 R107N R14W Daryl Nigon and Donald Krahn. This was given its first reading. An Ordinance Amending and reeneacting Sub. 2 of Sec. 125A.24 of the RCO Relating to the sale of Alcoholic Bev. on or near the premises during an alcohol free night was given its first reading. An Ord. Amending Sub. 4 of Sec. 125A.04 and Sec. 125A.21 of Sub. 3 - Relating to Sunday Sales of Intoxicating Liquor was given its first reading. An Ordinance Amending Sub. 24 of Sec. 32.07 and 28.04, 38.11 and 38.1 of the Rochester Code of Ord. relating to Housing Registration Certificate Req. and Penalties. This was given its second reading. Solinger moved, Petersson second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. An Ord. amending the regulation of Outdoor Commercial Advertising si and to provide an extension of six months to the period of the Moratorium was given its second reading. McConnell moved, Crawford second to adopt th Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ord. amending the Zoning Ord. to include B-4 - in Sec. 26-T106N R14W ( Priebe Property ) was given its second reading. Petersson moved, Hunziker second to adopt the Ordinace as read. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No.246-92 approving an owner contract for Basic Construction in Foxcroft No. 2nd plus San. Sewer and Subdrain in Fox Chase Rd., Foxcroft N. 2nd to Younge Parcel - Foxcroft Corp and to Elcor Const. Ayes (7), Nays (0).Motion carried. F-1. Solinger moved, Canfield second to adopt Resolution No. 247-92 approving an owner contract for Basic Construction in Lincolnshire 5 Younge Builders and Road Constructors; -Inc-. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance was read on the zone change on Cimarron 15th Sub.which would allow the plat to be recorded. Petersson moved, Canfield seco to suspend the rules and give this a second reading. Alderman Soling voted nay. The motion does not carry. After Council discussion s 3904 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - April 20, 1992 Agenda Item F-1 G-1 G-2 H-1 Canfield moved, McConnell second to instruct the Planning Dept. to record the plat of Cimarron 15th Sub. with the conditions as listed by the Planning Dept. to be a part of this plat. Upon Roll call vote, Aldermen Crawofrd, Hunziker, Petersson , Solinger and Pres. Selby voted nay. Nays (5), Aldermen Canfield and McConnell voted aye. Ayes (2), Motion did not carry and the Ord. will have to be read at the next meeting - May 4, 1992. Solinger moved, Petersson second to remove the Parking Removal of 14th St. S.W./ Broadway to 2nd Ave. from the table. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to approve the request and adopt Resolution No. 248-92 but only until October 1, 1992. Ayes (7), Nays (0).Motion carried. The Request for a revocable permit for the Mayo Clinic Telecommunicat still remains on the table. Hunziker moved, Crawford second to adopt Resolution No. 249-92 setting a hearing date of May 4, 1992 on the establishment of needs and public input on the potential harm to the public health,safety and welfarecaused by totally nude erotic dancing at an adult cabaret and what remedial steps , if any, should be implemented. Ayes (7), Nays (0).Motion carried. Having no further business, Crawford moved, Petersson second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk �ons L