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HomeMy WebLinkAbout11-18-1974RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November- 18, 1974 - Regular Adjourned Meeting No. 22 Agenda Item A-1 Im AN B-4 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. President Postier welcomed the Scout Troop No. 189 and their leader Mr. Bill Chumbly, and thank them for coming down to the meeting. Hearing on the petition to vacate the 20 ft. Utility Easement that runs along the East Side of Lots 1,2, & 3 Replat of Folwell Subdivision. No one in the audience wished to be heard, President Postier closed the hearing. Powers moved, Larson seconded to prepare the necessary documents vacating this easement.- Ayes (7), Nays (0). Motion carried. Hearing on the Petition to vacate the 5 foot Utility Easement running along the West side of Lot 30, Block 5, Country Club Manor First Addition: No one in the audience wished to be heard, Presidei Postier closed the hearing, Ludowese moved, Strain seconded to instruct the City Attorney to prepare a resolution vacating the utility easement that can be.adopted. Ayes (7), Nays (0). Motion carried. Hearing on the Preliminary Willow Creek Land Use Plan. Mr. Alan Omeara of 5525 Highway 63 South wished to be heard and wondered why the sewer didn't continue on Highway 63 instead of going thru the revine. Mr. Roger Plumb, Public Works Director stated that they followed the revine because of natural flow. Mr. David Bishop Attorney for Tractor Supply Company wished to be heard and wondered what the proposed land use was for the area of Tractor Supply, and also what the land use was for the Herrick farm, which Mr. Carlton Penz now owns. Mr. Duane Johnson, Assistant County Planner present( a map of the Land Use Plan which answered all the questions. This will take approximately 50 years before it is completed as shown on the Plan. Having no one else- wishing to be heard, President Posti( closed the hearing Alderman Strain noted that the area on the ex- treme north is listed as.industrial and he would like to make a point that this area -.,should-.be. residential in nature directly bordering Meadow Park and it would also border the flood plain and possibly a future Park -way system and I think it should be a contin- uation for we already have it in the City. A protion on the West part of that Industrial tract should be a continued Industrial area. President Postier stated that the plan is good, and Alderman Strain agreed. Strain moved, Powers seconded to accept the plan and instruct the City Attorney to prepare a resolution that can be adopted. Ayes (7), Nays (0). Motion carried. Hearing on the application for approval of the Final Plat of - Cascade Industrial Park Subdivision. Having no one present that wished to be heard, President Postier closed the hearing, Larson moved, Ludowese seconded to adopt the prepared Resolution No. 458 !n RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 18, 1974 - Regular Adjourned Meeting No. 22 Agenda Item approving this Final Plat. Ayes (7), Nays (0). Motion carried. B-5 Hearing on the Application for Approval of the Final Plat of Replat of Lots 17 and 18, Block 2, Valhalla 4th Subdivision. Havin no one present that wished to be heard, President Postier closed th hearing. Ludowese moved, Strain seconded to adopt;the_prepared- Resolution- No. 459 approving this final plat. Ayes (7), Nays (0). Motion carried. B-6 Hearing on the Proposed amendments to paragraph 63.205 of the Zonin Code, to permit a portion of the required front yard in Non -Resid- ence Districts to be used for Off -Street Parking. Having no one present that wished to be heard, President Postier closed the hearing. Ludowese moved, Larson seconded to proceed with the amendments and instruct the City Attorney to prepare an Ordinance making the changes that can be adopted. Ayes (7), Nays (0). Motion carried. E-1 Strain moved, Kamper seconded to approve the following licenses and bonds: 1. Contractor's license for Advanced Hearting and Air Conditioning 7805 Beech Street, Minneapolis, Minnesota-$45.00. 2. Sewer and Drain Connector License - Lysne Construction Company Blooming Prairie, Minnesota $30:00 3. Cigarette License for APCO # 2 505 llth Avenue N. W. $6.00 4. Auction License for Wally Laumeyer - 7306 Cleve Avenue E. Inver Grove Heights, Minn. to be held at the Holiday Inn South on November 25, 1974. 5. Bonds for Advanced Heating and Air Conditioning Contractor's with Safeco Insurance Company. 6. Bonds for Lysne Construction Company Sewer and Drain Connector license with North River Insurance Company. Ayes (7), Nays (0). Motion carried. E-2 Powers moved, Kamper seconded to approve the semi=monthly bills (list attached ) in the amount of $ 797,627.43. Ayes (7), Nays (0). Motion carried. E-3 Kamper moved, Strain seconded to approve and accept the recommendations of the Traffic Engineer for parking changes requested at new and of Downtown Post Office and instruct the City Attorney to prepare a resolution that can be adopted. Ayes (7), Nays (0). Motion carried. E-4 Larson moved, Powers seconded to instruct the City Attorney to prepare a resolution establishing No Parking Zone on 31st Street N. E. that can be adopted. Ayes (7), Nays (0). Motion carried. E-5 Strain moved, Powers seconded to instruct the City Attorney to prepare a resolution establishing a Commodity Loading Zone on 1st Avenue S. W. that can be adopted. Ayes (7), Nays (0). Motion carri I I E-6 E-7 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular AdinurnPd Meeting no 22 Noyemher 18, 1974 Ludowese moved, Strain seconded to adopt the prepared Resolution No. 460 ordering a feasibility report on Project 6309-74 Sewer Extension on 9th Avenue S. E., South of 5th Street S. E. to a point 200 feet South. Ayes.(7), Nays (0). Motion carried. Larson moved, Kamper seconded to approve the request for payment for work on the Airport Terminal Building as follows: Schammel Electric, Inc. $24,615.00; Floyd Larson Construction Compai $58,770.00 and J. McClure Kelly Company $11,583.00. Ayes (7), Nays (0). Motion carried. Strain moved,Larson seconded to approve the authorization from the Rochester.Airport Commission to advertise for bids for the Fire and Crash Building construction at the Rochester Airport. Bid Openings will be set for December 11, 1974 at 11:00 A. M. 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 to the district indicated - B-3FF General Business District: Lots 14 and 15, Auditor's Plat "D", according to the plat thereof on file and of record in the office of the Register of Deeds i.n and for the County of Olmsted , Minnesota was given its second reading. Ludowese_moved, Kamper seconded to adopt the ordinance as read. Ayes (7),Nays (0). Motion carried.(Barlow Food Property). An Ordinance relating to Municipal.Planning; Designating land need- ed for future public use; regulating the construction of buildings structures thereon; and adopting an official map. (Official Map No. 2) was given its second reading. Kamper moved, McNary seconded to adopt the ordinance as read. Ayes (7),,Nays (0).Motion carried. An Ordinance relating to Zoning and Parking in yards and setback areas; amending Rochester Code of Ordinances, Section 63.205 , as enacted by Ordinance No. 1659 was given its first reading. An Ordinance relating to the Building Code of the City of Rochester Building permits and Fees; Enforcement; Appeals, and Penalties; amending Rochester Code.of Ordinances; Sections 70.010, 70.020 and 70-.050 was given its first reading. An Ordinance relating to Street Identification in the City of Rochester; amending Rochester Code of Ordinances by adding Sections 41.600, 41.602 and 41.603 was given its.first reading. Kamper moved, Powers seconded to adopt Resolution No. 461 Ordering the transfer from the Rural Service District to the Urban Service District of certain properties described herein 1. 19 Norwest, 2.. The Meadows First Subdivision 3. Green Meadows Second Subdivision 4. Summitt Square Second Subdivision 5. Pennington First Subdiv- CJ 187' Ise RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item sion 6. Pennington Second Subdivision 7. Green Meadows Third Subdivision 8. Meadow Park Ninth Subdivision 9. Elton Hills East Eleventh Subdivision 10. Pennington Third Subdivision. Ayes (6), Nays (0). Motion carried.. F-1 Powers moved, Strain Seconded to adopt Resolution No. 462 approving Land surveyor's certificate of correction of Plat RE: Pennington Business Park Second Subdivision. Ayes (7), Nays (0). Motion carri F-1 Ludowese moved, Larson seconded to adopt Resolution No. 463 approvi settlement of Kenneth Clark Claim in the amount of $1,560.40, the claim has been recommended for approval by the Public Utility Board at its meeting November 12, 1974. Ayes (7), Nays (0). Motion. carried. F-1 Larson moved, Powers seconded to adopt Resolution No. 464 approving a contract amendment No. 1 to the contract with Crescent Electric Supply Co. from $1,018.105.00 to $1,018,657.00 and the Mayor and City Clerk is hereby authorized and.directed to sign the change Order on behalf of the City. Ayes (7), Nays (0). Motion carried. F-1 Ludowese moved, Larson seconded to adopt Resolution No. 465 establishing parking, truck loading, passenger loading, parking meter regulations and.provisions, primary and one-way streets and alleys pursuant to Ordinance No. 871 as follows: Section B, No Parking Zones paragraphs (12.5) and'(129) are amended as follows: (12.5) East Center Street on the north side of the street from Tenth Avenue to Twelfth Avenue at all times. (129) Sixth Street Southeast on the north side of the street from Third Avenue S. E. to Fourth Avenue S. E. at all times. Ayes (7), Nays (0). Motion carried. President Postier brought.the topic of Christmas lighting before the Council for discussion. McNary moved, Powers seconded to turn on the Christmas Lights on December 18-thru the 26, 1974. Ayes (5), Nays (2), Aldermen Ludowese and Strain voting Nay. Motion carried. Mr. George Baihly requested to be heard on a modification to the PUD procedure. Changes were made in the building architecture and site plan due to changes in the housing market since he received approval of the preliminary plat. McNary moved, Powers seconded to authorize the Zoning Administrator and Building and Safety Department to issue permits for the two buildings that have fo.undation permits. Ayes (7), Nays(0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA November 18, 1974 - Regular Adjourned Meeting No. 22 I t G-1 McNary moved, Kamper seconded to remove the Revocation.or suspension of the 3.2 beer license held by James Vesey for Jim and Joe's Tavern from the table. Ayes (7), Nays (0). Motion carried. The hearing was `closed -and this matter tabled at the -November 4, 19" Council meeting to allow the City Attorney to determine if the City could legally impose a 10:00 a.m. closing time on the subject establishment. President Postier granted Mr. James Suk, Attorney for James Vesey to speak, and Mr. Suk just stated that they had contracts for the improvements and retained an individual to pick up the litter he stated that many people appeared in favor of Mr. Vesey retaining his license. Mrs. Johnnie Vesey of 3604 21st Avenue N. W. was married to Jim Vesey and was in favor of him keeping his license. Harold Hayes., bartender for Jim and Joe's started working on May 3, 1974'and since that time seen Jim Vesey try and make improvements he has his boy pick up the litter , but has seen pick-up loads of kids go screaming by, one night he was closed and a squad car came up because of a potential fight. Mr. Willard Wade is for Mr. Vesey keeping his license. Mr. Wade owns Wade's Broiler across the street. Mrs. Arthur Garmers of 318 18th Avenue S. W. stated that she had lots of complaints since 1952 they came back to the Council in 1973 and the end of October, 1973. Mr. Mayo Priebe of 209 17th Avenue S. W. stated it wasn't fair to take his license away. President Postier and Mayor Smekta agreed that they should put up a fence and pick up litter and any policinq would help the.situation. Mr_. Swanson stated that two statutes may 'be- at:_Tssue here- and, if the Coun-cil determined that either of these are violated , then they have a case. Alderman Strain stated that there was a violation since 1974. Mr. Swanson stated that Detective Feind testified that under age people were loitering, but they were not served beer. Alderman Ludowese stated that he had a 17 year old get served out there. Acting on McNary'-s motion on November 4, 1974 to amend the closing hours to 10:00 P.M. second by Larson. Upon roll call vote of this evening, Aldermen Kamper, Larson, Ludowese, & McNary voted aye Ayes (4), Aldermen Powers, and Strain and President Postier voted nay Nays(3). Motion carried and the City Attorney was instructed to draw the necessary documents amending the closing hours to 10:00 P.M. G-2 Kamper moved, Ludowese seconded to remove the Proposed Assessment fc Watermain extension in North Star Second Subdivision from the table Ayes (7), Nays (0). Motion carried. Ludowese moved, Strain Seconded to adopt the prepared Resolution No. 466 accepting the assessment for the above Project 6231-74 J 8487. Ayes (7), Nays (0). Motion carried. Having no further business, Powers moved,_McNary seconded"to - adjourn the meeting . Ayes (7), Nays_(0). Motion carried. '4 ad, City Clerk Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA rvdzmv eM� eT—�1Q r1974_—�«lar Adjourned Meeting No 22 � Information - November 18, 1974 1. Minutes of the Standing Committee - November 12, 1974 2. Referred to Planning and Zoning: a. Petition to vacate a portion of Block 106 and 107 of Willson' Addition ( YMCA) �s