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
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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
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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.
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476 RECORD OF OFFICIA
Agenda
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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
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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.
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e RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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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