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HomeMy WebLinkAbout05-03-1976RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 471 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 4 - May 3, 1976 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Gray, Kamper, Larson, Powers and -Strain. Absent: None. Powers moved, Allen second to approve the minutes of the April 5, April 12th and 19th, 1976. Ayes (7), Nays (0). Motion carried. President Postier welcomed the students of Resurrection Lutheran School and their principal Mr. Steve Rutschow. Grades 4-8 were presen. C-1 Allen moved, Strain second to approve .the Mayor's appointments to the Rochester Human Rights Commission of the following: Walter Macher 979 11 1/4 Street S. W. reappointed to a three year term expiring May 1, 1979. Frances Ludowese ( Mrs. Paul ) 836 Second St. N. W. replacing Joy Fogarty. Term to expire May 1, 1979. Stan Dickinson 1701 Highway 52 N. replacing Jack Erwin; Term to expire May 1, 1979. Ayes (7), Nays (0). Motion carried. C-2 Powers moved, Gray second to approve the Mayor's Reappointments to the Housing Board of Appeals of Larry McCaleb 1027 Sierra Lane N. E. and Boniface Drummond 712 Second St. S. W. Terms to expire on April 1, 1978. Ayes (7), Nays (0). Motion carried. C-3 Larson moved, Gray second to approve the Mayor's Reappointments to the Building Code Board of Appeals of Leslie Lance 728 13th Avenue N. E. and Brian McSweeney of 552 21st St. N. E. for a two year term expiring May, 1978. Ayes (7), Nays (0). Motion carried. E-1 Strain moved, Powers second to instruct the City Attorney to prepare A resolution approving and authorizing the execution of the proposed sub -lease agreement between International Fueling Company and Neuman Air Charter. Ayes (7), Nays (0). Motion carried. E-2 Larson moved, Kamper second to instruct the City Attorney to prepare a lease document from International Fueling Company, Rochester Municipal Airport Fixed Base Operator for 74,200 sq. feet of land immediately northwest and adjacent to the persent terminal The City would receive an additional $371 a month in rental payments. Ayes (7) Nays (0) . Motion carried. E-4 Kamper moved, Powers second to adopt the prepared Resolution No. 178 authorizing the City Administrator to sign and submit the application for 701 federal funds for FY 77 at $13,000, and specifies a local share of $7,000.00 Ayes (7), Nays (0). Motion carried. E-5 Allen moved, Gray second to approve the change order on Electrical contract - Fire and Crash Building in the additional amount of $245. City Share will be $24.50 and approval for payment of $2400.30 to Hom( Indemnity Company for work completed on the Fire and Crash Building. Ayes (7), Nays (0).Motion carried. E-6 Powers moved, Kamper second to grant permission to the" two :Ve`terans RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 479 2CITY OF ROCHESTER, MINNESOTA Agenda Item E-6 E-7 E-9 E-10 Regular Meeting No. 4 - May 3, 1976 of Foreign Wars Posts in the City to sell poppies from 3:00 P.M. on May 2.1, 1976 until 3:00 P.M. on May 22, 1976 and to the American Legion Auxiliary from 3:00 P.M. on May 28 until 3:00 P.M. on May 29, 1976. Ayes (7), Nays (0). Motion carried. Kamper moved, Larson second to approve the following licenses and bonds: Temporary 3.2 Beer license for July 4, 1976 received from the Rochester Jaycees to sell beer from 4:30 P.M. until after the evening fireworks on July 4, 1976. and from the Rochester Civic Music Guild for May 23, 1976 at the Mayo Civic Auditorium. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to approve the following licenses and bonds; Motion Picture Licenses - Starlite South Outdoor; Chateau Theatre; Oakview Theatre; Time Theatre; Lawler Theatre and Cinema 1 and 2. Cigarette Licenses: Frank's Mobile 1005 N. Broadway; Viking Liquors 1152 7th Avenue S. E.; Dison's Cleaners and Launderers 214 N. Broadway. Sidewalk Contractor's - Don Prow 1835 16 1/2 St. N. W. Clayt Boutelle Route No. 4; William Berg- Ryans Bay. Certificate of Insurance was submitted. Master Installer's License - John L. Bantley 616 loth Street S. E.; Joe Cozik 2025 18 1/2 Avenue N. W. and Sam Russell Lake City, Minn. Heating Contractor License - John L. Bantley 616 10th St. S. E.; Joe Cozik 2025 18 1/2 Ave. N. W. Master Plumber'! License to Charles D. Nelson 1823 16 1/2 St. N. W. $5,000. bonds werf sumitted for Heating Contractor licenses and $1,000. bond was submitt( for the Master Plumbers License. Roy Montgomery of Plainview was granted an auctioneer's license. The motion is subject to Mr. Montgomery submitting his bond to the City Clerk. Ayes (7), Nays (0) Motion carried. Larson moved, Powers second to reconsider the bid of Bituminous mix. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to approve the bid of Rochester -,Sand and Gravel on Item 1. 2341 F.O.B. Plant $9.60 per -ton; Item 2 2351 bituminous F.O.B. plant $15.90 per ton ; Item 3 hauling bituminous at .14 per ton mile; and Item 5 asphaltic concrete mix in place at $16.50 per ton. Resolution No. 179-76. and Item No. 4, 2341 bituminous mix in place at $12.50 per ton to Shamrock Enterprises. Resolution No. 180-76. Bill Fitzgera' of 618 21st St. N. E. representing Rochester Sand and Gravel was present and wanted the bids to be reconsidered and consider him for Items 1,2,3, and 5. Mr. Bill Quick of Shamrock Enterprises was also present and wondered where the specific work was done, and asked more questions from the Public Works Director. Ayes (7), Nays (0). Motion carried. Larson -moved, Powers second to adopt the prepared Resolution No. 181- and 182-76 authorizing the City Clerk to advertise for bids for the following: one year supply of liquid chlorine for the Water Reclamati Plant and replacement parts for the primary tank at the Water Reclamation Plant. Bids will be opened at 11:00 A.M. May 25, 1976. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 47 3 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 4 - May 3, 1976 Agenda Item E-11 Allen moved, Kamper second to approve the prepared Resolution No. 183-76 assigning securities for additional securities in the net amount of $300,000.00 in collateral in lieu of a depository bond from the First National Bank , Rochester, Minnesota. Ayes (7), Nays(0). (Motion carried. E-13 Strain moved, Powers second to approve the prepared Resolution No. 184-76 setting the 1976 salary for the City Administrator at $32,322.00 effective January 1, 1976. Ayes .(7.) , Nays (0) . Motion carried. E-14 Strain moved, Gray second to table the General Plan for the proposed alignment of West River Parkway from Valhalla Second Subdivision to North of 41st Street N. W. until the Committee of the Whole has a chance to study this. Ayes (7), Nays (0).Motion carried. E-15 Strain moved, Gray second to table the General Development Plan of Elton Hills North ( formerly Gesel le Property ) until the next meeting for further study. Ayes (7), Nays (0). Motion carried. E-16 Kamper moved, Strain second to adopt the prepared Resolution No. 185-76 requesting the Minnesota Highway Department to participate in the costs for the proposed Goldin Hill to Zumbro River Trunk Line Storm Sewer - Project No. 6300-2-71 J 4857. Ayes (7), Nays (0). Motion carried. E-17 Strain moved, Larson second to adopt the .prepared Resolution No. 186-' authorizing the City Clerk to advertise for bids at be opened at 11:01 A.M. on June 2, 1976 the following: Project No. 6304-4-76 J 8544 Street Improvements on 4th Avenue N. W. from llth Street N. W. to 5th Street N. W. Ayes (7), Nays (0). Motion carried. E-18 Strain moved, Kamper second to instruct the City Attorney to prepare a Resolution establishing the special express run for the Rochester City Bus Line as follows: 41st St. to 18th Ave.; 18th Ave. to 22nd Street. 22nd St. to Elton Hills Drive; Elton Hills -Drive to Broadway Broadway to Center Street and East Center to 2nd Ave. The stops along the route will be as follows: 1. Broadmoor; 2. 41st St. and 18th Ave. 3. Cascade and 18th Ave.; 4. 22nd St. and 18th Ave.; and 5. Elton Hills School. This is granted for a 30 day trial. period with an option of renewal if successful. Ayes (7), Nays'(0). Motion carried. E-19 Kamper moved, Gray second to adopt the prepared Resolutions No. 187- 76 and 188-76 declaring the costs to be assessed and order pre- paration of the assessment roll and ordering a hearing to be held on June 7, 1976 on the following: Project 6304-4-74 J 8434 Street Improvements on 4th Avenue N. W. from llth Street N. W. to 14th Street N. W. Ayes (7), Nays (0)..Motion carried. s RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 4 - May 3, 1976 Agenda Item E-20 E-21 E-22 E-23 E-24 E-25 E-26 E-27 Gray moved, Strain second to adopt the prepared Resolutions No. 189- and 190-76 declaring the costs to be assessed and ordering preparatf of the assessment roll and ordering a hearing for June 7, 1976 on the following - Project 6303-3-74 J 8519. Ayes (7), Nays (0). Motion carried. Powers moved, Kamper second to adopt the prepared Resolution No. 191-76 :awarding the low bid on Storm Sewer, Subdrains and Resurfacing on 5th Avenue N. E. in Northern Heights 1st Addition Project 6305-1- 76 J 4958 to Fraser Construction Company in the amount of $27,742.82. Ayes (7), Nays (0). Motion carried. Kamper moved, Strain second to adopt the prepared Resolution No. 192- 76 awarding the low bid on Watermain Extension in 20th St. N.W. from Telemark Lane N. W. to llth Court N. W. and in llth Court N. W. to serve Outlot 1, Block 2, of Hillview Resubdivision of Outlot 1, Block 25 and Outlot 2, Block 26 Elton Hills 7th Subdivision. to Littrup Nielson, Inc. in the amount of $15,893.00. Ayes (7), Nays (0). Motion carried. Kamper moved, Larson second to instruct the City Attorney to prepare a resolution authorizing the execution for Engineering Services for Basic construction in Replat No. 2 Sunrise Estates 2nd Subdivision by Yaggy Associates, inc. to provide Engineering Services of Project No: 6258-R2-76 J 8557. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to approve the application for Approval of the Preliminary Plat of Meadow Park 13th Subdivision subject to the Pedestrian Crosswalk easements be provided or a variance to eliminate them requested and approved. Ayes (7), Nays (0). Motion carried. Kamper moved, Larson second to approve the removal of Lands from the Rural Service District as follows: 1. Cascade Industrial Park Subdivision; 2. Meadow Park llth Subdivision 3. Candlewood; 4. Crescent Park Ninth Addition 5. Manor Woods First Subdivision, Block 2;, 6. Green Meadows Fourth Subdivision; 7. Reynold's Property on 45th Street N. W. and No. U.S. 52. Ayes (7), Nays (0). Motion carried Strain moved, Allen second to accept the official copy of the Financi Report of the City of Rochester, Minnesota for the year ending December 31, 1975. This places this report on file. Ayes (7), Nays(0). Motion carried. Kamper moved, Powers second to accept the recommendation of the Consolidated Planning Department and deny this request for Variances to the Subdivision Ordinance Pertaining to the Proposed Plat of Campus Town Subdivision. Mr. Robert Springer of 604 2nd St. S. W. was present and wished to be heard. He wanted to know the reasons for the inform- ation that the Planning Department needed to have on record. Mr. Thomas 0. Moore of the Consolidated Planning Department explained RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL d 5 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 4 - May 3, 1976 Agenda Item E-27 the reasons, and Mr. Roger Plumb, Public Works Director explained the need for information in putting in street improvements etc. Ayes (7), Nays (0). .Motion carried, and the variances were denied. E-28 Allen moved, Gray second to grant a request received from the Boy Scouts and the River Trails Council of the Girl Scouts to conduct a parade on June 5, 1976 at 10:00 A.M. from Soldiers Field en ding at Mayo Field. This has bee n.approved by the Police Department. Ayes (7) Nays (0). Motion carried. E-29 Kamper moved, Powers second to grant the waiver of.sidewalk installati on two houses constructed at 2252 and 2254 Fifth Avenue N. E. These were constructed before the mandatory sidewalk ordinance was in effect. This also has a front lawn above the sidewalk grade. The Sidewalk Director is also instructed to take a look at this situation. Ayes (7), Nays (0). Motion carried. G-1 Strain moved, Allen second to remove the Application for approval of the Final Plat of Replat of Lot 2, Block 3, "19 Norwest" from the table. Mr. William Casper of First Wisconsin National Bank of Milwaukee was present, and stated the need for the replat. Wishing tc be heard was Carrol Manahan of Chatfield was representing his son who lives in 19 Norwest wanted to know what would be happening if this was passed. Kamper moved, Strain second to hold this item over until the evening, because more people from 19 Norwest wished to be heard. Ayes (7). Nays (0). Motion carried. E-12 Strain moved, Gray second to approve the semi-monthly bills (list attached) in the amount of $144,673.19. Ayes (7), Nays (0). Motion Carried. Having no further business, Allen moved, Gray second to adjourn the meeting until 7:30 P.M. Ayes (7), 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 Allen, Gray, Kamper, Larson,Powers and Strain. Absent: None. B-1 A Hearing on the Proposed. Industrial Waste Cost Recovery System. Mr. Lee Denske of IBM Highway 52 North was present and suggested a change in the wording in 105.180 and 106.150. Mr. Marvin Skodje of the Water Reclamation Plant stated that these had been taken care of. Having no further persons that wished to be heard, President Postier closed the hearing. Powers moved, Larson second to instruct the City Attorney to prepare an Ordinance. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Proposed Charter Amendment Pertaining the the Establi ment of Development Districts. Having no one present that wished to be heard, President Pastier closed the hearing. Allen moved, Kamper second to give this Ordinance a second reading and adoption of the enacting Ordinance would be in order. Ayes (7),M ays (0). Motion Carried. ;h- 476 RECORD OF OFFICIA Agenda Item B-3 B-7 G-1 H-1 H-2 F-1 L A Hearing on the Petition to Change the Zoning From R-1 ( Single family ) District the the M-1 ( Light Industrial ) District on the property located at approximately 151.5 2nd Avenue S. E. (Lots 8 & 9 Block 18, Golden Hill Addition ) was.not heard, this is scheduled for the May 10,.1976 meting. B4 and B5 were not public hearings and will be taken up later in the meeting. A Hearing on the Petition to vacate the three walkways , and 12th 13 and 14th Avenues N. W., situated in Blocks 7,8,9, & 10 Sunrise Estates 2nd Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Larson second to instruct the City Attorney to prepare a resolution vacating the walkways and streets including the stipulation on cul-de-sacs and walkway radius. Ayes (7), Nays (0). Motion carried. A Hearing on the -Petition to vacate a Utility Easement located on Lots 9 and 10, Block 2, Wilshire Estates Addition. Having no one present that wished to be heard, President Postier closed the hearing Kamper moved, Powers second to instruct the City Attorney to prepare a resolution vacating the utility easement and accepting the offered easement. Ayes (7), Nays (0). Motion .carried. Strain moved, Kamper second to remove the Application for Approval of the Final Plat of Replat of Lot 2, Block 3, "19 Norwest". Ayes (7) Nays (0). Motion carried. Wishing to be heard was Mr. William Casper from the First Wisconsin National Bank of. Milwaukee and stated why this was being replatted-and what they hope to accomplish with the replat. Also he promised the residents of 19 Norwest that the improvE ments that were included in the PUD were going to be done in the near future. Dr. Richard Collins of 19 Norwest was present and stated the concerns of the owners of 19 Norwest by the replatting and wondered when the improvements were going to be done. Donovan Johnson, who is Treasurer of the Board of 19 Norwest Charles Section was present and stated his concerns about this, and stated the reasons why more representatives were not present to oppose this replat. Having no one else present that wished to be heard, Gray moved, Strain second to table this until the first meeting in June, 1976. Ayes (7), Nays (0). Motion carried. Strain moved, Kamper second to proceed with immediate annexation of Property located at 402 16th Street S. W. by Patrick Champion. Ayes (7), Nays (0). Motion carried. Formerly B-4 An Annexation by Builders Land Company for the property located in the W 112, Section 23, Cascade Township ( Mr. Stanley Guth) will be done by an Ordinance prepared by the City Attorney. Formerly B-5 An Ordinance Relating to Cable Television Communications in the City i I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4s7 Regular Meeting No. 4 - May 3, 1976 Agenda Item F-1 of Rochester transferring the Cable Television Franchise held by Teleprompter Cable Services., Inc., the Successor of Rochester Video Inc., to Teleprompter Corporation; amending Rochester Code of Ordinan Sections 212:010 and 212.110 was -given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Lots 1 through 3 inclusive, Block 11, West Zumbro Addition to B-3 General Business district; amending Ordinance No. 1659 known as the Zoning Ordinance was given its second reading. Strain moved, Gray second to adopt the Ordinance as read. Ayes (7), Nay ,(0). Motion carried. (.South Side 1st St. S. W. between Lots 18 and 19 streets S. W. F-1 An Ordinance Amending the Section 162 of the Charter of the City of Rochester by adding a subsection relating to development programs and bonds was given its second reading. Larson moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester Minnesota to R-4 High Density District ( Danewick 1702 5th St. S. W. ) was given its second reading. Strain moved, Kamper second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to the Possession of Non -Intoxicating Malt Liquor in containers of Two Gallons or larger in Parks; requiring a permit therefor; imposing penalties for violations; amending Roches Code of Ordinances by adding Section 55.220 was given i.ts first readi Larson moved, Strain second to suspend rules and given this Ordinance its second reading. Upon Roll call vote, Ayes-(7), Nays (0). Motion carried. This was given its second reading. This Ordinance was not adopted at this time. F-1 An Ordinance Relating to Zoning, Restaurants, and the Sale of alcohlic beverages, amending Rochester Code of Ordinances, Section 65.600 (Table 3) as enacted by Ordinance No: 1659 and adding a new section 65.6025 was given its first reading. F-1 An Ordinance relating. to Zoning and Flood Regulations; designating the Flood Fringe and Floodway Districts in the City of Rochester; amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota was given its first reading. F-1 An Ordinance relating to the licensing tags for Dogs and Cats; amendin Rochester Code of Ordinances Section 170.050 ( eliminating the bell on the cat tag) was given its firs.. reading. F-1 Larson moved, Strain second to adopt Resolution No. 193-76 vacating the Public Utility Easement in..Lots 9 and 10 Block 2, Wilshire Estates Third Subdivision . Ayes (7), Nays (0). Motion carried. r e RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 F-1 F-1 E-3 Regular Meeting No. 4 - May 3, 1976 Strain moved, Powers second to approve the sublease agreement between the International Dueling Company , Inc. and Neuman Air Charter Incorporated dated April 15, 1976. and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0). Motion carried, Resolution No. 194-76 Kamper moved, Larson second to adopt Resolution No. 195-76 setting the population of the City as of December 31, 1976 at 61,654, and the City Clerk is authorized Ito forward a copy of this 'resolution to the State Demographer. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to adopt Resolution No. 196-76 amending the Parking Resolution to amend Section C specia-1 parking zones taxi cabs and Bus stands and Taxi stands - This puts all the above un one resolution. Ayes (7), Nays (0). Motion carried. Regulation of Beer in Kegs in 'City Parks was included -in an Ordinance read above. Having no further business, Allen moved, Larson second to adjourn the meeting until 7:30 P.M. May 10, 1976. Ayes (7), Nays (0). Motion carried. n ty Cl e r Information - April 30, 1976 1. Minutes of the Standing Committee— 4-12-76 2. Minutes of the Standing Committee - 4-19-76 3. Minutes of the Standing Committee - 4-26-76 4. Notice of Injury, Underwriters Adjusting Company ( Referred to Attorney, Insurance, and Public Services.) 5. Request to designate certain areas of Viking Drive N. W. as No Parking Zones ) Referred to Public Services Department for review and recommendation) 6. Referred to Planning and Zoning Commission: a. Petition to annex 30 acres in Cascade Township to the City of Rochester ( Par -Ex Homes, Inc.) er