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HomeMy WebLinkAbout10-06-1975RECORD OF OFFICIAL :PROCEEDINGS OF THE COMMON COUNCIL 357, CITY OF ROCHESTER, MINNESOTA Agenda Item A-1 C-1 C-2 C-3 E-1 E-2 I President Postier called.the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Kamper, Larson, McNary, Powers and Strain. Absent : Alderman Allen. Larson moved, Strain second to approve the minutes of September 22, and 23, 1.975. Ayes (6), Nays (0). Motion carried. Kamper moved, Strain second to approve the following appointments to the Flood Control Project Committee: Walter Prigge, R. R. # 1 Byron, Mn.; Doris Blinks, 2715 Salem Road S.W.; Harry Buck,437 loth S N. W.; Sue Lemke, 2233 7th Avenue N. E.; R.L. Smith, 2745 Riverside L, N. E.; Tom Johnston, Byron, Minn,; Emil Gauthier, 1210 4th St. N. W.; Bill Meschke, 3012 19th Avenue N. W.; Ron Schultz, 1500 Woodland Dr. S. W.; Paul McCue, 401 13th Avenue N. W.; Ford Adderson 1606 9th Avenue N. E.; James Denny, Zumbro Falls; Gerald Alborn 2638 12th Aveni N. W.; Bill Beauseigner, 848 13th Avenue S. E.; Mrs. James C. Hunt, 615 Memorial Parkway. Ayes (6), Nays (0). Motion carried. Strain moved, Powers second to approve the appointment to the Rochester Zoning Board of Appeals of Mr. Richard A. Hanson, 4705- 7th Street N. W. Mr. Hanson replaces Mr. Donald Kleist who resigned. Mr. Hanson's term runs to September 1, 1978. and a Reappointment of Mr. C.A.Armstrong of 310 7th Ave. S. W. His term will expire on September 1, 1978. Ayes (6), Nays (0). Motion carried. Strain moved, Kamper second to approve the appointments to act as liaison members only on the Downtown Development Advisory Board of the following: Rosemary Ahmann, representing the Olmsted County Commissioners, and Dr. Richard Fulton, representing the Rochester Board of Education. Ayes (6), Nays (0). Motion carried. Powers moves. Larson second to instruct the City Attorney to prepare the necessary documents for the execution, transferring the title in the sale of former Alpex Property on 2nd Avenue N. E. to People's Natural Gas. This is City owned property on the east side of 2nd Ave. N. E., south of the railroad tracks and the offer made to People's Natural Gas was $5,000, which they accepted. Ayes (6), Nays (0). Motion carried. Applications were received for Intoxicating Liquor Licenses. Those submitting applications are as follows; Anthony Giannetto for the premises known as Clinic View Motel at 309 West Center Street. Jay Bagne for the premises known as Cafe Internationale at 1915 North T.H. 52 and George Kallimanis for the premises known as Golden George! at 1829 T.H. 52 North. After the applicants were questioned by the Council, Mr. Dennis Peterson, Attorney for Clinic View stated that the zoning question on the Clinic View would come before the Plann- ing and Zoning Commission soon, and they had resolved the parking problem. Mr. George Kallimanis was questioned by aldermen in when he would start building on to his establishment, and Mr. Kallimanis ine le �� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Mept'ing No- 21 - October 6, 1975 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 stated that he would begin, -immediately and that he had no trouble with finances. Mr. Jay Bagne of Cafe Internationale stated that he had to receive a conditional use permit and his property was in the process of being rezoned, but that he would start building immediatel; if he was granted a license. Powers moved to table this until the zoning problems are solved, but the motion did not receive a second. Strain moved, Kamper second to grant the application to George . Kallimanis for the premises known as Golden George's. Upon roll call vote, Aldermen Kamper, Larson, McNary, Strain and President Postier voted aye, Ayes (5), Voting nay was Alderman Powers. Nays (1). Motion carried. The Planning Department was also instructed to hasten the rezoning of..the property of the other two establishments. Larson moved, Powers second to adopt the prepared Resolution No. 329- 75 authorizing execution of the proposed contract for a further six month contract with Mr. Clarence Simonowicz of C.R.S.and Associates for consulting services in the formulation of a downtown development program and tax increment financing plan.for the development district, at a cost of not to exceed $7,000. and authorize the Mayor and City Clerk to sign said agreement. Ayes (6), Nays (0). Motion carried. Strain moved, Larson second to approve the application for a dance permit for Glen E. Rollings for International Order of Jobs Daughters Bethel # 13 to be held at the National Guard Armory on Nov. 15, 1975. Ayes (6), Nays (0). Motion carried. Strain moved, Larson second to adopt the prepared Resolution No. 330- 75 accepting the low bid of Alpek Sheet Metal Rochester, Minnesota in the amount of $26,826. for Reroofing the Public Work's Building at 1602 4th St. S. E. Rochester, Minnesota. Ayes (6), Nays (0). Motion carried. Powers moved $train second to adopt Resolution No. 331-75 accepting the low bid of Sullivan Construction Company, Rochester, Minnesota in the amount of $13,800.00 for Rental of Heavy Equipment for construction of another cell at the City Landfill. The money for this should be recovered by the fee increase, which is soon to be adopted. Ayes (6), Nays (0). Motion carried. McNary moved, Powers second to adopt the prepared Resolution No. 332- 75 authorizing the City Clerk to advertise for bids for the season's supply of Rock Salt for the Street and Alley Department. Bids to be opened on October 29, 1975 at 11:00 A.M. Ayes (6), Nays (0). Motion carried. Larson moved, Strain second to adopt the prepared Resolution No. 333- 75, 334-75, and 335-75 approving and accepting the assignment of secu ities in collateral in lieu of a depository bond from the following: 1. Northwestern National Bank, Rochester Minnesota additional secur- ities in the amount of $800i000.00. 2. Northwestern National Bank Agenda Item E-10 E-11 E-12 E-13 E-14 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 35 CITY OF ROCHESTER, MINNESOTA Regular Meeting Nn _ 21 - OrtnhPr 6�, 'L975 Rochester, Minnesota substituted securities in the amount of $100,000.00.. 3: Marquette Bank.and Trust Company of Rochester Minnesota substituted securities in the amount of $320,000.00 Ayes (6), Nays'(0). Motion carried. Powers moved, McNary second to accept the application for approval of a Planned Unit Development (.Preliminary Plan ) for Andersons Formal Wear, located at 2002 2nd Street S. W. excluding the recomm- endation that two parking spaces closest to the middle portion of the building in front should be removed and the space used as a drive for traffic circulation. Ayes (6), Nays (0). Motion carried. No Parking Zones on 2nd Street S. W. was taken up as E-13 on the September 22, 1975 Council meeting. No action was taken at this time. Powers moved, Strain second to adopt the prepared Resolution No. 336- 75 ordering a public hearing to be held on November 3, 1975 on the Project 6110 J 8543 Watermain extension in 20th St. N. W. from Telemai Lane N. W. to llth Court N. W. and in llth Court N. W. to serve Outlo- 1, Block 2 of Hillview Resubdivision of Outlot 1, Block 25 and Outlot 2, Block 26 Elton Hills 7th Subdivision. Ayes (6), Nays (0). Motion carried. No action was taken on the request of H. & H Electric to release the retainer fee in the amount of $5,294.80 for traffic signal projects on 1st Ave at 2nd St. N. W. and 4th St. and 13th Ave. S. E. the projects have been completed, but the 10% retainer for the f - p'e r.J° 6d-,"' of the warranty, which is 6 months has been held. A bond was posted on these projects. Mayor Alex P. Smekta stated that he thought it was a good idea for the City of Rochester to hold the retainer in case something goes wrong with the project, and the City would have to correct the problem. Aldermen generally agreed with the Mayor. Powers moved, Kamper second to instruct the City Attorney to.prepare a resolution authorizing the execution of an agreement between the City and the Chicago and Northwestern Transportation Company. This allows the City to install and maintain a watermain within the rail- road right-0f-way. Ayes (6), Nays (0). Motion carried. An Ordinancepermitting investors to invest in a corporation and more .than one corporation having a license amending Rochester Code of Ordii ances, Section 160.110 was given its second reading. Kamper moved, Powers second to adopt the Ordinance as read. Ayes (4), Nays (2), Alderman Strain and President Postier voting nay. The Ordinance was adopted as read. An -.Ordinance rezoning Block 48, Original Plat to B-2FF Central Busin District ( proposed site of the Pruett Towers ) was given its second 360 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting of the Common Council No. 21 -October 6, 1975 Agenda Item reading. Strain moved, McNary second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance relating to the Zoning Board of Appeals, notices, requir d yards, Off -Street Parking, and fences, Walls and Hedges, amending Rochester Code of Ordinances, Sections 61.401, 61.503, 62.211, 62.212 and 63.204 was referred to the Committee of the Whole meeting for further study upon motion by Kamper second by Strain. Ayes (6), Nays (0). Motion carried. F-1 Strain moved, Powers second to adopt Resolution No. 337-75 approving a lot split - splitting Lot 15 Block 4, Valhalla subdivision into 10 parts to provide some additional back yard for the adjoining properties. Ayes (5), Nays (0). Alderman Kamper abstained. Motion carried. F-1 Kamper moved, Powers second to adopt Resolution No. 338-75 accepting a drainage and sanitary sewer easement from Amos Roos and Susan Roos across a portion of Lot 11, Block 33, Morse and Sargent's Addition to East Rochester.,.:.Ayes (6),.Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 339-75 approving a resolution of the Public Utility Board authorizing the signing of a contract with Hennes Erecting Company, Inc to receive,unload and completely erect one Air Correction Division (U.O.P.) electrostatic precipitator and appurenant equpiment in the amount of $560,000.40, and the Mayor and City Clerk are directed to sign said agreement. Ayes (6), Nays (0). Motion Carried. H-1 Larson moved, Strain second to instruct the City Administrator and Finance Department to increase or study the license fees for a possib e increase. Ayes (6), Nays (0). Motion carried. E-9 Larson moved,. McNary second to approve the semi-monthly bills (list attached) in the amount of $163,018.50. Ayes (6), Nays (0). Motion carried. Having no further business, Strain moved, Powers second to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the follow- ing members being present: President Postier, Aldermen Kamper, Larson McNary, Powers and Strain. Absent: Alderman Allen. B-1 A Hearing on the Petition to Change the Zoning District on Lots 1-16 Sunset Terrace 6th Addition. From the R-1 District to the R-2 District ( East Side of Valleyhigh Drive N. W. and Northwesterly -of 21st Avenu N. W.). Wishing to be heard was Wayne Herivel of 1759 25th Avenue N. W. and stated that the.group representing Sunset Terrace have appointed four speakers to represent all of the property owners in that area. He stated the group is against the rezoning. They would RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 361 B-1 I be building thirteen.3.--4:family dwellings adjacent to the one family dwellings. The building density would be increased, the traffi flow would increase, and the property owners signed a petition agains this in the number of 105 or 98%. Ms. Janet Janke of 1683 25th Ave. N. W. spoke on behalf of her h-usband Rev. James Janke, and stated it was a matter of ethics- in 1971 a home was built by Mr. Mohn and assured the.property owners at that time that this would be a R-1 Zone and the property .in question would be zoned one family dwellings. Barbara Herivel of 1759 25th Ave. N. W. stated that apartment dwellings would deteriorate the view and the one family property owners would live in a shadow of these 4 buildings. The land was zoned,,,R- hand it is requested that it stays R-1 . Bi l l S,chnei.der''o_f, 1;783 25th Avenue N. W. wished to be heard and stated that traff problems would increase, selling homes would be a problem, and hoped that numerous strings of apartment houses in other parts of the City would not become a precident for this area in the City. He also referred to the peitions signed by the residents against the rezoning;that this should remain a R-1 zone. Bonnie Lenz of 1715 25th 'Avenue N. W. stated that a buffer should remain Valleyhigh Drive, and that traffic would become a.hazard. Mr. Stan Mohn of Mohn .Realty and petitioner for the rezoning was present and stated that this property could not be one family dwellings because of the high assessments necessary to furnish improvments to that part o,f town. He also stated that property values would not go down. Pastor James Janke of 1683 25th AVenue N. W. stated that Mr. Mohn owned all the land on the other side of Valley High - Mr. Mohn stated he only owned part of it ( M-1 property on the Southwest side. Pastor Janke stated he will not be assess- ed for this - Mr. Mohn stated he will be. Mr. Bruce Clark of 3421 16th Avenue N. W. stated that the mistake of this street was on behalf of the City or County but the people are going to suffer. He thinks businessmen sometimes take risks when buying property, and sometimes have to face a loss when it comes to real estate. The audience applauded loudly to this. Having no one else wishing to be heard, President Postier closed the hearing Powers moved, McNary second to table this until.the October 20, 1975 meeting for a vote of the Council until Alderman Allen is present. Ayes (6), Nays (0).Motion carried. A Hearing on the Application for Approval of a Planned Uni Development ( Concept Statement ) to be located at the Southwest Corner of 37th Street and 15th Avenue N. W. Wishing to be heard was Gary Claude Planner and Landscaper with Wallace.Holland Kastler and Schmitz for Mohn and Penz developer. Mr.• Claude presented a revised plan. This re- vised plan reduces the density from 10 units per acre to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-2 6.7 units per acre. The number of dwelling units will not exceed 16 units rather than 24 as previously presented. The Addition of recreational vehicle storage, and the proposed storm shelter facilities. Mr. Bruce Clark of 3421 16th Avenue N. W. wished to be heard and stated the,plan looks good, but would like a buffer put in. Paula Chamber- lain of 3603 17th Avenue N. W. stated that junk was being dumped into the lot and people should be aware of this when buying property in that area. Mr. Mohn stated that he was not aware of this and would send someone out to investigate the situation. Mr. Gary Claude stated that they are going to construct these dwellings.with basements, and no storm shelter should be needed. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, McNary second to approve the 16 dwelling units and that the storm shelter building be removed from the plan if adequate basements are provided in the plan. Ayes (6), N,ays (0). Motion carried. B-3 A Hearing on the Petition to vacate a public street of 9 1/2 Avenue N. W. South of 24th Street N. W. No one presen that wished to be heard,.President Postier closed the hearing. Powers moved, Strain second to procede subject to the collection of monies pertaining to the following: 1. A 5 foot utility easement be granted along entire south edge of proposal.,2. At owners cost the below modificatio be made under a street opening permit by contractor or by the City of Rochester. (a) Remove or fill in two catch bas and plug the upper end of the catch basin lateral. The ca basin castings are to remain the property of the City. (b) Remove watermain lateral, and plus the tee at the wate in 24th Street. The water pipe and valve to remain the property of the city. (c) Plug the sanitary sewer lateral at its entrance .to the manhole in the center of 24th St. (d) Remove the existing roadway.surf.ace of 9 1/2 Avenue in the south boulevard area of 24th Street roadway and the boulevard area to uniform line and grade. Ayes (6), Nays (0). Motion carried. ns ch main B-4 A hearing on the Watermain extension to Serve Reynolds Wholesale Company property at 48th Street and T.H. 52 Nort Mr.Jim Petersen of Reynold's Wholesale w.as present to answ r questions the Council may have. No one else was present that wished to be heard, President Postier closed the hearing Kamper moved, Powers second to adopt the prepared Resoluti n No. 340-75 ordering the. project to be made. Ayes (6), Nays (0). Motion carried. B-5 (A Hearing on the application for approval of the Final Pla of Wilshire Estates Third Subdivision. Larson moved, Kamp r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No.. 21 - October 6, 1975 4363 Agenda Item B-5 F-1 F-1 F-1 F-1 r second to adopt the prepared Resolution No. 341-75 approvi the plat subject to the street name of proposed Wilshire Circle N. E. be changed by recommendation of the Planning and Zoning Department, Public Services and the owner. Ayes (6), Nays CO). Motion carried. A Hearing on the application for approval of the Final Plat of Elton Hills East Fifth Subdivision, Replat of Lots 3,4,5 and. 6, Block 3. William Berg, petitioner was presen for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Powers second to adopt the prepared Resolution, No. 342-75 approving the plat .Ayes. (6), Nays (0). Motion carried. Strain moved, McNary second to adopt Resolution No. 343-7E approving the request by the Rochester City Lines that the City of Rochester approve its application to the Public Service Commission for authorization to provide bus servic between Rochester and Plainview and respectfully submit this to the Public Service Commission. Ayes (6), Nays (0) Motion carried. Kamper moved, Strain second to adopt Resolution No. 344-75! approving the acceptance of the gift of the student 'housin facility to be constructed by the Rochester Area Student H Corporation, said gift to be conveyed to the HRA upon the retirement of the 30 year bonds to be issued by RASH to finance the housing facility. Ayes (6), Nays (0). Motion carried. Larson moved, Powers second to adopt Resolution No. 345-75 concerning the Pollution Control Agency and the dismissal of Pollution Control Regional director of Willis Mattison. This resolution is to be forwarded to the.state and public officials concerned, and to the Governor of Minnesota. Ayes (6), Nays (0). Motion carried. An Ordinance relating to Zoning and Planned Unit Developme amending the Zoning Code of the City of Rochester enacted Ordinance No. 1659 by adding sections 64.306 and 64.406 to the Rochester Code of Ordinances. Section 64.306 provid for the waiver of the preliminary plan process and section 64.406 concerning occupance of Planned Unit Developments which provides that they may be occupied when completed by the satisfaction of the Building and Safety Department and the access drives and parking areas are sufficiently com- pleted so support emergency vehicles at all times and are kept in a dust free condition and that Final surfacing of streets , roadways and parking areas .and landsca­pi`ng�-- M using ts; y 34 , RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 21 - October 6, 1975 Agenda Item F-1 be deferred over winter months upon written application t and approval of the Zoning Administrator. was given its first reading. Having no further business, McNary moved, Strain second t adjourn the meeting. Ayes (6), Nays( 0). Nation carried. Ga"t-�� City Clerk Information - October 6, 1975 1. Claim for Damages - Russ Kol.lseh, 1505 13th St. N. E. (referred to Attorney, Insurance, Public Services ) 2. Letter from Johnson, Drake and Piper RE: Water Tower for High District of the West Service Area C Referred to Public Services for review and recommendation.) 3. Referred to Planning.and Zoning Commission: a: Petition to rezone property at 3036-3038 North T.H. 52 from R-1 to R-3 (John Ernster) b. Final Plat of Replat of Lots 3-6 , Block 3, Elton Hills East 5th Subd. C. Preliminary Plat of Meadow Park 12th Subdivision.