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HomeMy WebLinkAbout09-16-1974RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA a t Agenda Item A-1 itn I B-2 C L President Postier called the meeting to order at 7:30.P.M., the following members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary, Powers and Strain. Absent: None. Ludowese moved, Larson seconded to approve the minutes of September 3, 1974 with the following correction. On September 3, Item F-1 An Ordinance rezoning of the Dison Property on North Broadway from B-2FF to B-3FF the -vote is corrected to read as follows: Upon Roll Call vote, Aldermen Kamper, Ludowese,Powers and President Postier voted Aye,Ayes (4), and Aldermen Larson, McNary, and Strain voted nay ,Nays (3). Passage of an ordinance requires a 5-2 vote thus the Ordinance was not adopted and the rezoning was denied. Ayes (7), Nays (0). Motion to approve the minutes with the correctioi was approved. Hearing on the Reassessment of Lot 1, Christensen-Sehl Subdivision, Project 6255-1-70A J 8375 - Street Grading and Surfacing,;.Sanitary Sewer, Storm Sewer, Watermain and Service Connections stubbed into the boulevard'on 24th Street N. E. from East River Road N. E. to Trunk Highway 63 North. By order of District Court on May 1, 1974 the original assessment of $9,004.36 as assessed on March 26, 1973 was set aside. Wishing to be heard was Mr. John Arnold an Associate of Mr. Frank Michael.s,Attorney for Olmsted Federal Savings and Loan who owns the property in question. Mr.. Arnold stated that the bene- fit to this property does not warrant a $6,190.80 assessment, as the City now proposes. He stated that the value of the property is not that high and that Olmsted Federal. Savings and Loan would agree on an assessment of $5,000.00. Mr. Swanson stated that the Council has the final decision as to what the assessment should be, the court does not make that decision Having no one else present that wished to be heard, President Postier closed the hearing. Ludowese.moved, Powers seconded to adopt the prepared Resolution No. 390 adopting the assessment for Lot 1, Christensen-Sehl Sub. Ayes (7), Nays (0). Motion carried. Hearing on Stage.I, Northwest District Sanitary Sewer Trunkline, Pumping Station and Forcemain. Wishing to be heard was'�Mr. William Edes, Vice -President Programmed Land, Inc. and submitted a letter to the Council regarding the Council's request that property owners assume a greater share of the immediate cost rather than have the assessments deferred until actual development. Mr. Edes stated that they would provide the acreage needed by the City for immediate assessment. They stated that Viking Oldsmo..ile, Inc., Adamson, Inc. Universal Ford, Inc. and Reynolds Wholesale, Inc. wish to participat( in their share of the initial costs. This would be approximately 500 acres. Programed Land petitioned to have all the land brought into the City, but the township objected. Then the .township.agreed to let them take enough land into the City so that the sewer project could go ahead. ( approximately 500 acres ). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item C� B-4 B-5 Mr. Carl Elford of 90 Rocky Creek Drive N. E. appeared on behalf of Cavalina, Inc. who owns 3 or 4 acres of land and wished that this property be included in this project. Also appearing was Mr. James Petersen on behalf of Reynolds, Inc. and wished that they be included in this project too. Mr. Clarence Bolduen owned sections beyond this project wondered why he received notice. President Postier stated that persons who may in the future be receiving services from this project would be notified, and that it would not effect him at this time. Strain moved, Kamper seconded to continue this hearing until October 7, 1974 and.refer this matter to the City Attorney and the Planning Department to work out details . Ayes (7), Nays (0). Motion carried. Hearing on the Proposed assessments of watertank and mains in Arnold Valhalla Area. No one was present that wished to be heard, Presiden Postier closed the hearing. Larson moved, Powers seconded to adopt prepared Resolution No. 391 adopting assessment for Project 6901 J 8310 and 8336 Parts I, II, and III of Elevated Watertank and trunkmains for the High level District in E 1/2 Section 27 and W 1/2 Section 26 of the NW Service Area. Ayes (7), Nays (0), Motion carried. Hearing on the proposed assessments of Sanitary Sewer to Community Recreation Center. Wishing to be heard was Mrs. Jean Eiden of East River Road and questioned the amount of deferred assessment, and when they would be billed for this and how much more would they be billed when they hook up. Mr. Roger Plumb explained this procedur and presented a map which showed the area in question. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Strain seconded to adopt the prepared Resolution No. 392 adopting assessment Project 7201-0-73 J 8466 Sanitary Sewer to serve Community Recreation Center and other lands in E 1/2 Section 26-107-14 lying west of T.H. 63. Ayes(7), Nays (0). Motion carried. The na e f M J Eiden was corrected to Gene as per the minutes of Sepiemger B ; 1m. Hearing on the Petition to change the Zoning Districting on Lot 3, Oak Terrace First Subdivision from the B-lb District to the R-3 District. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Larson seconded to approve the change and instruct the City Attorney to prepare an ordinance making the change that can be adopted. Ayes (7), Nays (0). Motion Carried. Hearing on the Planning Commission initiated Zoning District change on City owned property in the vicinity of Wastewater Reclamation Plant. No one present that wished to be heard, President Postier closed the hearing. Larson moved, Kamper seconded to proceed with this zone change and instruct the City Attorney to prepare an ordinance making the change that can be adopted. Ayes (7), Nays .(0). Motion carried. i -149 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 16,.1974 - Regular Adjourned Meeting No. 15 Agenda Item C-1 Strain moved_, Powers seconded to approve the Mayor's.rea.ppoi.ntment to the Zoning Board of Appeals of Mr. William F. Canfield - 215 First Street N. W. - term expires September 1, 1977, and Mr. Nels A. Talmo, Jr. 406 15th Avenue S. E. - term expires September 1, 1977 Ayes (7), Nays (0). Motion carried. D-1 Strain moved, Powers seconded to grant Mr. Robert Springer, owner of Campus Town, Incorporated 'preliminary approve for a project under the Municipal Industrial Development Act to secure municipal bond financing for an 83 unit apartment dwelling. and instruct the City Attorney to prepare the necessary resolution and for Mr. Robert Springer to submit the need and review of the economic impact to be sent to the Fin aice Department along with other papers the Finance Department may require. Ayes (7), Nays (0). Motion carried. D-2. Landtech Management Corporation Wishes to be heard regarding the Leasing of Municipal Parking Spaces. This wi.11'.be taken up at a, later meeting. Persons involved could not be present at this meetin E-1 Kamper moved, McNary seconded to hold a special meeting of. -the Common Council at 4:30 P.M. on September 23, 1974 to consider the Mayor's veto of the Residency Policy. Mr. Swanson, City Attorney advised that a special meeting would have to be called, a regular adjourned meeting is not considered the next Council meeting. Ayes (7), Nays (0). Motion carried. E-2 Powers moved, Strain seconded to approve a request for an Auction and auctioneer's license received from Wally Laumeyer, Inver Grove Heights, Mn. for permission to conduct an antique auction at the Holiday Inn South on September 23, 1974. Ayes (7), Nays (0). Motion carried. E-3 Powers moved, Larson seconded to approve the application received from the Piggly Wiggly Northgate Store at 1112 7th St. N. W. to transfer the 3.2 Off -sale beer license from Quality Foods to Gateway Foods. Ayes (7), Nays (0). Motion carried. E-3 Larson moved, Powers seconded to deny the application received from Donovan Erickson , President of Zumbro 0il Co. for a license at the Holiday Gas Station located at 821 5th Street N. W. Ayes (7), Nays (0). Motion carried. E-4 Powers moved, Larson seconded to approve the request for a dance permit for the Police Benevolent Association to hold a public dance at the Mayo Civic Auditorium on September 27, 1974. This is the annual Policeman's Ball. Ayes (7), Nays (0). Motion carried. E-5 Kamper moved, Powers seconded-grariting..the .request received from the Disabled American Veterans,nermission to sell Forget-Me-Nots on City Streets on September 28, 1974 during the hours of 9 A.M. thru 5 P.M. Ayes (7), Nays (0). Motion Carried. SO RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 16, 1974 - Regular AdjnurnPd MPPting Nn_ 15 Agenda Item E-6 E-7 E-9 E-10 Larson moved,.McNary.seconded to approve the following Rochester Airport Commission requests: 1. Partial payment in the amount of $8,955. to J. McClure Kelly for work completed on the Terminal Building expansion. $17,694 has been previously paid on this contract. 2. Partial payment in the amount of $90,540 to Floyd Larson Const- ruction Company for work completed on the terminal building expan- sion. $ 84,217.50 has been previously paid on this contract. 3. Partial payment in the amount of $9,000 to Schammel Electric for work completed on the terminal building expansion. $24,030 has been previously paid on the contract. 4. Final payment in the amount of $3,883.91 to Skyline Fencing Co. and $899.89 to McGhie and Betts for security fencing on the airport. The total cost of this project, including engineering was $41,726.20 Ayes (7), Nays (0). Motion carried. Strain moved, Powers.seconded to approve the application received from Gateway Foods d/b/a Piggly Wiggly 1112 7th St. N. W.for a cigarette license. Ayes (7), Nays (0). Motion carried. Larson moved, Powers seconded to approve the semi-monthly bills (list attached ) in the amount of $400,21.0.08. Ayes (7), Nays (0). Motion carried. Larson moved Ludowese seconded, to approve the application for a Planned Unit Development ( Concept Statement) for Hiawatha Childrens Home to be located on the N.E. corner of Assissi Heights Property including the modifications listed by the Planning and Zoning Commission as follows: 1. Once the land is acquired and platted, streets and easements should be dedicated to the public at time of the preliminary application 2. Screening should be designed along north and east boundary at time of the preliminary application to better intergrade the privately owned contiguous R-1 property. Mr. Jack Fisher of 2216 Viking Drive N. W. was present and wished to be heard. Mr. Fisher stated that he is against PUD's in general and was against this one , and wondered what type of people would be housed in this development. Mr. Larry Johnson, Treasurer of Hiawatha Children's Home would house 44 severly retarded children from one - twenty-one. This would be supervised living facilities, with full home environ- ment . Vote of the Council to approve this was Ayes (7), Nays (0). Motion carried. Strain moved; Kamper seconded to table the Petition to -vacate the 20 ft. Utility Easement that runs along the East side of Lots 1,2 and 3 , Replat of Folwell Subdivision, until the October 7, 1974 meeting. This will be referred to the Department of Public Works, and to the City Attorney for further research. Ayes (7), Nays (0). Motion carried. Appearing on behalf of the above was Mr. Harold Robertson , 821 3rd Avenue S. E. and stated that he would like RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA September 16, 1974 - Regular Adjourned Meeting Nn_ IS Agenda Item E-10 this walkway removed,.because this -was private land and he wanted to.build houses on this property and the people using the walkway would be trespassing. Also, Mr. Robertson wanted the Council to hold him harmless if people walking on the walkway were to be hurt, but Mr. Swanson, City Attorney stated that the Council was in no position to make this decision at this time. Mr. E.A. Miller of 821 3rd Ave. S. E. represented the school Board of Education and stated that this path was needed for the -school children to attend Folwell School and would cut quite a distance from the children to be able to use this path. The principal of Folwell School was also present and agreed with Mr. Miller. E-11 Kamper moved, Powers seconded to adopt the prepared Resolution No. 393 accepting the bid of Fraser Construction Company in the amount of $17,587.00 for Project 7002-0-74 J 8514 - Sanitary Sewer on the East Side of Marion Road S. E. from Eastwood Road to 856 feet South. Bids received were: Fraser Construction Company $17,587.00; Littrup Nielson, Inc. $18,287.00; Leon Joyce Constructiol Company $19,153.00. Ayes (7), Nays (0). Motion carried. E-12 Ludowese moved, Powers seconded to adopt the prepared Resolution No..394 accepting the bid of Fraser Construction Company in the amount of $174,704.30 for Project 7308-0-73 J 8496 Part II Sanitary Sewer Trunk and Collector Main from the west line E 1/2 IOW 1/4 Section 34 Cascade Township to the West line of Cascade Industrial Park Subdivision. Bids received were: Fraser Constructiol Company $174,704.30; Barbarossa and Sons, Inc. $177,910.00; Winona Plumbing Co. $182,548.50; American Plumbing Company $184,889.65. Ayes (7), Nays (0). Motion carried. E-13 Strain moved, Kamper seconded to adopt the prepared Resolution No. 395 accepting the bid of Littrup Nielson, Inc. $ 20,688.00 for Project 6325-4-74 J 8511 Grading and Surfacing the West 1/2 of 25th Avenue N. W. from 22nd Street to Mid -Block between 23rd Street and 24th Street N. W. Bids received were from : Littrup Nielson, Inc. $20,688.00; Fraser Construction Company $21,699.00; Leon Joyce Construction Company $22,123.50. Ayes (7), Nays (0). Motion carried. E-14 Ludowese moved, Powers seconded to grant the request for a parade permit received from John Marshall School for a homecoming parade to be held on October 4, 1974 at 4:00 P.M. Also included in the motion was to grant permission to Mayo High School; and Lourdes High School for conducting their homecoming parades upon approval of the Police Department on the routes. John Marshall had received Police permission. Ayes (7), Nays (0). Motion carried. E-15 Powers moved, Ludowese seconded to approve the request received from Skate Country 2828 East Frontage Road to hold two public dances on September 28 and November 2, 1974 pending Police approval. Ayes (7) Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 F-1 F-1 F-1 F-1 Powers moved, Ludowese seconded to adopt Resolution No. 396 to amend Ordinance 871 Section B No Parking Zones, Paragraph (175) to read as follows: (175) Nine and one-half Street Southeast on the north side of the street from First Avenue to Third Avenue at all times. Ayes (6).Nays (1), Alderman Strain voting Nay. Motion carried. Ludowese moved, Kamper seconded to adopt Resolution No. 397 to commend John P. Gauthier, Commander, MSAI Division of Emergency Services, Department of. Public Safety , State of Minnesota for his services in providing the City of Rochester assistance in obtain ing Federal Disaster Assistance funds for Flood damage of June, 1974 Ayes (7), Nays (0). Motion carried. Strain moved, Ludowese seconded to adopt Resolution No. 398 approvin, the schedule of street resurfacing charges which shall take effect October 1, 1974 and apply to all street resurfacing services provided by the City from October 1, 1974 thereafter. Ayes (7), Nays (0). Motion carried. An Ordinance rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnest, rezoning the following described lands to the district indicated: M-2FF General Industrial District: All that part of the Northwest quarter of the Northeast quarter of Section 23, Township North 107, Range 14 West, less the following described property:. Commencing for a place of beginning at a point 42 rods north of the Southeast corner of said Northwest quarter of the Northeast quarter, thence parallel with the south line thereof about 20 rods to.the Zumbro River, thence northerly along the river 3 rods, thence easterly to a point on the east line therof 7 rods, north of the place of beginning, thence south to the place of beginning; and All that part of the South half of the Southwest quarter of:the Southeast quarter, section 14, Township 107 North , Range 14 West which lies east of the center line of the Township road running in a northerly and southerly direction through said land. M-2 General Industrial District: All that part of the Northeast quarter of the Northwest quarter of Section 23, Township 107 North, Range 14 West. ( Wastewater Treatment Plant ) 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 to the district indicated: R-3 Medium Density District: Lot 3 of Oak Terrace First Subdivision, according to the plat thereof on file and of record in the office of the .Register of"Deeds in and for the County of Olmsted, Minnesota. ( Leonard Lampland Property ) was given its first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 H-1 H-1 H-1 L� September 16, 1974 - Regular Adjourned Meeting No. 15 An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land in Section 10, Township 106 North, Range 14 West, Olmsted County, Minnesota : That portion of the East half of the Southeast Quarter of Section 10, Township 106 North, Ran:ge: 14 West, which lies north of the centerline of Mayowood Road Southwest. ( Park Department property dedicated to the City of Rochester by Congress for a Better Rochester ) was given its first reading. Strain moved, Kamper seconded to send the study of the downtown development presented to.the Council by Mr. Donald -Kruger to the Planning Commission, Housing and Redevelopment Authority, Administ- rative Department of :the City and to the City Attorney. Ayes (7), Nays (0). Motion carried. McNary moved, Ludowese seconded to establish a date for a hearing to consider the matter of suspending, revoking, or amending the 3.2 Beer license now held by Jim and Joe's at 301 17th Ave. S. W. Ayes (7), Nays (0). Motion carried. Alderman Robert Larson requeste& that:the Mayor call a,conference of the Judiciary Council of the law enforcement relative to the speel noise problems and discipline on the City streets. Alderman Larson sent letters to the various people and departments involved. Having no further business Str_ai n _mo•ved .Powers seconded to adjourn .the-mee-ting_'unt l .September- 30; -1974. at 5 00'.P..M. -Ayes-(7). Nays--(0). Motion carried`. i City Clerk Information - September 16, 1974 1. Minutes of,*th-e Standing Committee August 26, 1974 2. Minutes of the Standing Committee September 3, 1974 3. Letter from Board of Health RE: Air Quality Standards ( referred to Committee of the Whole ) 4. Letter from U.S. Postal Service RE: Downtown Postal Service 5. Claim for Injury, Steven C. Igo ( referred to Insurance, Attorney, and Public Works ). 6. Claim for Injury, Esther Anderson, ( Referred to Insurance; Attorney, and Public Works. 7. Referred to the Planning and Zoning: a. Petition to vacate utility easement in Lot 30, Block 5, Country Club Manor( James Potter ). b. Petition to rezone property in Cascade Townhip from M-1 to B-3 ( Carlton Penz ). c. Petition to annex Rose Harbor 1st, 2nd , 3rd and 4th Sub. ( Elemr Danewick ).