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HomeMy WebLinkAbout05-17-1976480 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 1`.7, 1976 Agenda Item A-1 B-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Gray, Kamper, Larson, Powers and Strain. Absent: None. Allen moved, Gray secon d.to approve the minutes of the May 3, and May 10, 1976 meeting. Ayes (7), Nays (0). Motion carried. A Hearing on the New Sidewalk Project No. 1-1976 J 8551 18th Ave. N. i Cascade Street to 19th Avenue N. W., West Side 26th St. N. W. 18th Avi ,to Frontage Road,.Both Sides 16th Avenue N. W. llth Avenue to Elton Hills Drive, West Side. Wishing to be heard was Tom Gronek of-1821 26th St. N. W. and wondered how the City charged the owners for this improvement and how they decided on an area to put it. Mr. Harold DeVries , Sidewalk Supt. explained the procedure to him. Having no one else present that wished to be heard, President Postier closed thl hearing. A letter of opposition containing 13 names was received by the City Clerk. Allen moved, Powers second to approve the project and adopt the prepared Resolution No. 198-76 and ordering the City Clerk to advertise for bids to be opened on June 4, 1976 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. A Hearing on the New Sidewalk Project. No. 2-1976 J 8552 34th St. N.W. 18th Ave. to 15th Ave. N W., Both Sides 15th Ave. N. W. 31st St. to 34th St. N. W., West Side - 15th Ave. N W. 31st St. to 32nd St. N. W. East Side- 26th St. N. W. 9th Ave. to Zumbro Drive , Both Sides - 27th St. N. W. 9th Ave. to Zumbro Drive, Both Sides 503 Zumbro Drive 'Long Side only. Having no one present that wished to be heard , President.Postier closed the hearing. Powers moved, Strain Second to adopt the prepared Resolution No. 199-76 and ordering the City Clerk to advertise for bids to be opened on June 4, 1976 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. A Hearing on the New Sidewalk Project No. 3-1976 J 8553 2nd Ave. S. W. 6th St. to Soldiers Field Dr. , West Side - 7th Ave. S. W., loth St. to llth St. S. W., West Side-11 1/2 St. S. W. 8th Avenue to 7th Avenue S. W., North Side 9th Avenue S. W. llth St. to Memorial Parkway West Side - Easterly Side of Intersection at 11 1/4 Street and 11 1/2 St. S. W. Richard Kiscaden of 1007 7th Avenue S. W. was present and wished to be -heard and wished the location of the sidewalk to be moved Mr. DeVries explained why they placed the sidewalk in this position. Also wishing to be heard was Mr.LeRoy Bass of 1102 Memorial Parkway wondered if he could put this in himself. Mr. DeVries told him he coul if he got the plans and specifications from the Engineer's office. Having no one else present that wished to be heard,President Postier closed the hearing. Gray moved, Strain second to adopt the prepared Resolution No. 200-76 and ordering the City Clerk to advertise for bid to be opened on June 4, 1976 at 11:00 A.M..Ayes (7), Nays (0). Motion carried. The above also included the Replacement Area: Highway 14; North to 11 th Street S. W. and East to Zumbro River. nue L_ I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 17, 1976 Agenda Item B-1 A Hearing on the New Sidewalk Project No. 4-1976 J 8554 4th Ave. S. E. 13th St. to 14th St. S. E.,-West Side 14th St. S. E. 3rd Ave. to 8th Ave. S. E., North Side - 14th St. S. E. 4th Ave. to 8th Avenue S. E. South Side - 6th Ave. S. E. 13th St. to 16th St. S...E. West Side. 8th Ave. S. E. 13th St. to 15th St. S. E. West Side - 7th Avenue S. E. 15th Street to.16th Street S. E. Both Sides. David Paxton of 1528 7th Avenue S. E. wished to be heard and wondered how to pay for this and if the City will pay for replacing the driveway, and the land- scaping after the sidewalk is put in. Mr. DeVries stated that the City is responsible for:the driveway but no sod will be replaced and he also explained the mode of payment. Wishing to be heard was Mr. Marvin Fitzthum.and wondered how to pay for the long and short side of a corner lot. Mr. DeVries explained that to him. Wishing to be heard was Rev.. Earl Schwerman of 1533 7th Avenue S. E. and wondered why the sidewalks were not put in at the time the improvements were made in the streets. Mr. DeVries stated -that they had no ordinance in effect that made the sidewalks mandatory and they are just getting them in now at this time. Having no one else present that wished to be heard, President Postier closed the hearing. Kamper moved, Allen second to approve the project and adopt the prepared Resolution No. 201-76 and ordering the City Clerk to advertise for bids to -be opened June 4, 1976 at 11:00 A.M. Ayes (7), Nays (0). Motion carried: B-2 A Hearing on the Petition to amend the Land Use Plan in the area of 1, and 2nd Avenue S. E. between 16th Street S. E. and 20th Street S. E. -in the Golden Hill Area to Designate this area as being best suited for low density residential use instead of Industrial Use. Wishing to be heard was Harold E. Borwege of 1805 2nd Avenue S. E. and was opposed to this change. Stated all the residents were against it. Bob Checkereti of 1931 2nd Avenue S. E. stated that 335 concerned citizens signed a petition of protest for this change. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, to approve the land use plan to be best suite, for low Density Residential Use instead of Industrial Use. This motiol died for lack of a second. Larson -moved, Powers second to deny the Land Use Plan to be changed to Low Density Residential use instead of Industrial Use. Ayes (6), Nays (1). Alderman Strain voting Nay. Motion to change the Land Use plan denied. B-3 A Hearing on the Petition to Chagne the Zoning District on Lot 1 and Block 1, Northgate First Replat from B-lb ( Neighborhood Commercial District to B-3 ( General Commercial ) District ( Motel 6). Wishing to be heard was Mr. David Soloman of Johnstown Pennsylvania and represented Motel 6, he stated this Motel needed the change because he had to put his sign up higher in the air to attract'business. Having no one else present to be heard, Kamper moved, Powers second to accept the recommendation of the Planning and Zoning'Commission ani deny the request. Ayes(5) Nays (2). Aldermen Strain and Allen voting Nay. Motion carried. B-4 IA Hearing on the Council Initiated amendment to the Land Use Plan in 482 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 17, 1976 Agenda Item B-4 TV B-7 D-1 D-.2. the NE Corner of llth Avenue N. W. and 7th.Street N. W. to Designate this area as being best suited for Commercial and Medium Density Residential Use. Gus Chafoulias, Owner of the Project wished to be heard and stated that he was present if any questions were presented to him for answering. Also wishing to be heard was Mrs. James Jahn of 915 9th Avenue N. W. and Dr. James Larson of 701 9th Avenue N. W. they own land adjacent to this development and are in strong protest. Having no one else present that wished to be heard, Powers moved, Lar., second to instruct the City Attorney to prepare a resolution amending the Land Use Plan. Ayes (5), Nays (1).Aldermen Kamper voted Nay. Alderman Allen abstained. Motion carried. A Hearing on the Proposed Assessments for Part I. Sanitary Sewer Trunkline along Chicago nd Northwestern Railroad from the East line W 1/2 NW 1/4 Section 34- 07-14 to the West Line SE 1/4 Section 29-107 Having no one present tha wished to be,heard, President Postier closed the hearing. Alle moved, Gray second to adopt the prepared Resolution accepting the assessments. Resolution No. 202-76. Ayes (7) Nays (0). Motion carried. A Hearing on the Proposed Assessments for Part II. Sanitary Sewer Trunkline along Chicago and Northwestern Railroad from East Line W 1/2 NW 1/4 Section 34-1,07-14. Having no one present treat unshed to be:heard, President Postier closed the hearing. Powers moved, Kamper second to adopt the prepared Resolution No. 203-76 accepting the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Application for Approval of the Final Plat of the Resubdivision of Outlot 25, Northern Addition. Wishing to be heard was John Cachiaraas, 1737 3r& AVehue N. E. ; Eugene Reynolds of 1743 3rd Avenue N. E. and Robert Paton of 1731 3rd Avenue N. E. and they were wondering what effect this replatting would have on the type of structure would be going in, and why this was being changed and what type of buildings would ,go in there in the future. Having no one else present that wished to be heard, President Postier continued the hearing until the June 21, 1976 hearing. Claude Glatzme. part land owner of the above project was also present and answered questions of the citizens. Mike Streed, Rochester, Minnesota wished to be heard regarding the proposed Beer in Parks regulations. He asked how the insurance would be purchased and what was included in the Ordinance. Powers moved, Strain second to adopt the prepared Resolution No. 204- referring the petition for Curb and Gutter on the East Side of 15th Avenue S. W. from 6th to 7th Street S. W. to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. E-1 ILarson moved, Powers second to approve the transfer of Ownership of on 14. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL E Agenda Item E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 17, 1976 furniture and equipment to Olmsted County presently used at City Hall by the'County Court and the Traffic Violation Bureau ( list attached) The County Court and The TVB will be moving to the Court House in June of 1976. Ayes (7), Nays (0). Motion carried. Kamper moved, Gray second to adopt the prepared Resolution 'No_. 215-76, authorizing the Mayor to execute the grant agreement of the Community Development Bloc Grant for program year two. The grant is in the amount of $385,000. and has been allocated as follows 1. Downtown Development District Staff Assistance. 2. Senior Citizens Center Construction Costs. 3. N.W. Diagonal of the one-way pairs in Downtown. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to adopt the prepared Resolution No. 205-76 urging the Minnesota Congressional Delegation to support federal legislation which would authorize the construction of a natu gas pipeline from the north slope of Alaska across Canada to serve the lower 48 states. Ayes (7), Nays (0). Motion carried. Allen moved, Gray second to approve the request to conduct a fire worl display of Scouting '76 to the Gamehaven Council Boy Scouts of Americi and River Trails Council Girl Scouts at the Olmsted County Fairground! on June 5, 1976 between 7:30 P.M. and 9:30 P.M. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to approve the following licenses and bonds: Cigarette Licenses: B & C Vending for Parkside 76 2129 Park Lane S. E. ; Doyle Conner 1625 3rd Avenue S. E. and Comfortrol Supply 525 6th Avonue•N. W.. Auctioneer's License: Paul Gathje - Stewartvill( Minnesota and $500.00 bond submitted. Temporary Beer Licenses: Rochester Art Festival ; Renaissance Art Festival at the Unitarian Church; Dance Permit - Rochester Fire Department for the Fireman's Ball held May 14, 1976. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to approve the semi-monthly bills (list attached ) in the amount of $186,138.47. Ayes (7), Nays (0). Motion carried. Larson moved, Kamper second to adopt the prepared Resolution No. 216-76, granting the variance to the Subdivision Ordinance. pertaining to the proposed Plat of Meadow Park 13th Subdivision. Ayes (7), Nays (0). Motion carried' Allen moved, Powers second to approve the petition to annex 30 acres of Land located in the SE 1/4 SE 1/4 of Section 24 Cascade Township. ( Par -Ex Homes, Inc. Box 1438 Louisville, Ky. Ayes (7), Nays (0). potion carried. Strain moved, Gray second to adopt the prepared Resolution No.205A=76 awarding the bid of $11,050...25 (low) to Doyle Conner Company of Roches er, 484 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned No g - May 17, 1976 Agenda Item E-9 Minnesota for Project 6203-3-74 J 201-4967 - Concrete Curb and Side- walk on 3rd St. S. W. between Broadway and 1st Avenue S. W. plus concrete work on public parking lots at 6th St. and lst Avenue S. W. at 200 block East Center St. at Williams Lot 300 block lst Ave. S.W. and 2nd St. and 1st Avenue S. E. Ayes (7), Nays (0). Motion carried. E-10 Powers moved, Strain second to adopt the:prepared. Resolution No. 206-75 covering the fol.lowing: Add Paragraph (19) Nineteen of Section B, No Parking Zones, Alley and Service Drives to read: (19) On both sides of the East-West alley which lies West of Eighth Avenue Southwest, between fifth Street and Sixth Street. Ayes (7), Nays (0). Motion carried.. E-11 Powers moved, Allen Second to.adopt the prepared Resolution No. 207-76 covering the following: 1.. Add Paragraph (14.1) of Section C Special Parking Zones to read: 14.1 Seventh Street S.W. on the North Side, from 6th Avenue to 7th Avenue from 8:00 A.M. to 5:00 P.M., School Days, Buses Only. 2. Add Paragraphs (85)and (90) Passenger Loading Zones to read: (85) Sixth Avenue S. W. on the west side, from 6th St. to 7th St. fror 8:00 A.M. to 5:00 P.M., School -days only, Five Minutes Limit. (90) Seventh Avenue S. W. on the east side, from 6th Street to 7th Street from 8:00 A.M. to 5:00 P.M., School Days only, Five Minute Limit. 3. Delete Paragraphs (145) and (167) of.Section B No Parking Zones. Ayes (7), Nays (0). Motion carried. E-12 Kamper moved, Strain second to adopt.the prepared Resolutions No. 208-76 and 209-76 declaring costs to be assessed and ordering pre- paration of the assessments rolls and order a hearing to be held on June 21, 1976, on Downtown Sidewalk Replacement Project No. 2-1974 J8500. Ayes (7), Nays (0). Motion carried. E-13 Strain moved, Gray second to approve the request for a -parade permit for a Memorial Day Parade from the Olmsted Memorial Association. The Route has been checked out by the Police Department. 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. ( Property on which the International Motel.is located.) Mr. Swanson has some legal matters to work out, and this Ordinance was not given its second reading. F-1 An Ordinance relating to sewer system changes and assessments; regula. sewage and sewage flow; imposing penalties for violations was given its second reading. This included the recommendation of Mr. Marvin Skodje of the Water Reclamation Plant. Powers moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance relating to sewage, public sewers,service connections, and drainage; licensing and issuance of permits, prov_idi.ng penalties ing Li RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL "I F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 17, 1976 for violations was given its second reading. This was subject to the changes recommended by Mr. Marvin Skodje of..the Water Reclamation Plant. Strain moved, Gray Second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the City of Rochester Minnesota certain platted land in Golden Hill. Addition East Half of Lot 1, Block 1 Golden Hill Addition. (Patrick Champion - 402 16th St. S. W.)Larson moved, Powers second to suspend rules and give this ordinance a second reading. Upon roll .call vote, Ayes (7), Nays (0). Motion �arri S rain ve ,llen Second to adopt the Ordinance as read. yes T(5'), Days (�9.dtion carried An Ordinance Annexing to the City of Rochester Minnesota the balance of the Gesselle Property which is 109.acres which is being petitioned for annexation by Builders Land Companies was given its first reading, An Ordinance Rezoning Certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester Minnesota M-'.-1 Light Industrial District - Lot 3, except the north 50 feet thi and all of Lot 4, Block 18, Golden Hill Addition. Larson moved, Powers second to suspend rules and give this Ordinance a second reading. Upon roll call vote, Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to adopt the Ordinance as read. Ayes (7), Nays (0). Larson moved, Kamper second to adopt Resolution No. 210-76 accepting a dedication of a Utility Easement by Wesolowsky Construction Company in Lots 1 and 2, Block 3, Elton Hills East Fifth Subdivision. Ayes (7 Nays (0). Motion carried. Kamper moved, Strain second to adopt Resolution.No. 211-76.vacating the Utility Easement dedicated and situated along Lots 1 and 2, Elton Hills East Fifth Subdivision for Wesolowsky Development.;Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to approve and adopt Resolution No. 212-76 approving a joint resolution between the City of Rochester and the Town of Cascade for the designation of certain properties for orderly annexation and designation of other properties for immediate annexation to the City. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No..213-76 approving a maintenance agreement between the City of Rochester and the town of Cascade pertaining to the maintenance of the town road. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 214-76 approving and amending the Land Use Plan. This designates the property on 7th St. N. W. and llth Avenue N. W. Ayes (5), Nays (1) Alderman Kamper voting nay. Alderman Allen abstained. Motion carried. !reof 486 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 6 - May 17, 1976 Agenda Item G-1 G-2 H-1 COUNCIL The General Plan for the Proposed Alignment of West River Parkway from Valhalla Second Subdivision to North of 41st St. N. W. was left tabled.until study can be made. Kamper moved, Powers second to remove the General Development Plan of Elton Hills North ( formerly Geselle Property ) from the Table. Ayes (7), Nays (0). Motion carried. Powers moved, Kamper second to approve•this general development plan subject to 1. A system of rear yard pedestrian walkways be investigated. 2. Street C and the proposed West River Parkway be noted as collector streets to be platted with appropriate right-of-way.. 3. The commission initiate the process to amend the land use plan to reflect the development of the site as being suited for low density residential use. Ayes (7), Nays (0). Motion carried. Kamper moved, Gray second to transfer the On -Sale Liquor License of the Roxy Bar to Gordon M. Graif Individual Owner for an in behalf of G.M.G. Corporation, Inc. Ayes (7), Nays (0). Motion carried. Having no further business, Powers moved, Gray second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. i 1 r City Clerk Information - May 17, 1976 1. Letter from Miss Judy Kiner,RE:Claim for damages (referred to City Attorney). 2. Summons from Anton Peersen II, Plaintiff, for damages ( ref. to City Attorney). 3. Summons from Ronald and Monica J. Farrell, and James and Christine Larson, James and Julianne Jahn, Plaintiffs, for damages (ref. to City Attorney). 4. Letter from Mads Fiksdal, re: Change of Passenger loading zone fro 5 minutes to 1 minute limit ( referred to Public Service Dept.) 5. Letter from Clarence G. Smith, RE: Claim for Damages ( referred to City Attorney and Insurance Office.). 6. Referred to Planning Commission: a. Application for perliminary plat approval, Meadow Park 13th Subdivision ( Kruse Company ). b. Petition (revised) to vacate Public Property , Lots 1 and 2, Block 3, Elton Hills East Fifth Sub. , vacation of 10 foot utility wasement. ( Wesolowsky Construction Company, Inc)