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HomeMy WebLinkAbout08-04-1975326 ' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item A-1 C-1 E-1 E-2 E-3 E-5 E-7 President Postier called the meeting to order at 2:00 P. M., the following members being present: President Postier, Aldermen Allen, Kamper, Larson, McNary, Powers and Strain. Absent: None. Allen moved, Strain second to approve the minutes of July 21, 1975. Ayes (7), Nays (0). Motion Carried. Powers moved, Larson second to approve the appointment by the Mayor of Ms. Mary Healy of 1725 7th Street S. W. to the Development Distri Advisory Board. She replaces Peggy Milford. Ayes (7), Nays (0). Motion carried. Kamper moved, Strain second to adopt Resolution No. 264-75 accepting the Grant Offer for Step I Wastewater Treatement Studies (EPA Grant No. C 270804 01 ) between the City of Rochester and the U.S. Environ Protection Agency providing for a Federal grant in the amount of $192,900.00 for Step I of the wastewater treatment works project and Mayor and City Clerk are authroized and directed to sign said grant agreement subject to directing the City staff to prepare and sumbit an appeal to EPA relative to the $59,357.48 of ineligible costs. Ayes (7), Nays (0). Motion Carried. Larson moved, Allen second to instruct the City Attorney to prepare a resolution adopting the Infiltration/Inflow Analysis report and referring the reports to the Minnesota Pollution Control Agency and t e Environmental Protection Agency for their review and approval. At a later date, it may be necessary for the City to file a federal grant application to conduct the recommended evaluation and rehabilitiation Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to refer the application for On -Sale Liquor License submitted by Jay Bagne to the Committee of the Whole for review along with the previous application of the Clinic View Motel. Mr. Bagne was present and stated that the lunches he serves in the Cafe Internationale are very popular, but the evening meals are not attended well because the public likes a drink before dining. he presented plans that would enlarge this building to seat 108 peopl Ayes (7), Nays (0). Motion carried. Kamper moved, Powers second to approve the request received from Mrs. Pat Stevens 2031 18th St. N. W. ( Emmanuel Baptist Church of Rochester) to have a 5 to 10 car parade on Saturday, August 9,1975 at 10:00 A.M. to inform persons of the vacation Bible school. This is subject to the vehicles obeying the traffic signs and laws and no pedestrian participation in the parade. Ayes (7), Nays (0). Motion carried. Powers moved, Kamper second to instruct the City Attorney to prepare resolutions for the adoption of Section I "Statement of Policy and Dissemination" and Section II" Assignment of Responsibilities " of t Citj's proposed EEO/AA Plan ( Equal Employment Opportunity Policy, and Affirmative Action Plan ). Ayes (7), Nays (0).-Motion carried. tal e RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA X27 I Agenda Item W., E-10 E-11 E-12 E-13 Strain moved, Powers'second to approve the application for approval of a Planned Unit Development (.Concept Statement) of Anderson's Formal Wear located at 2002 2nd St. S. W. Ayes-(7), Nays (0). Motion carried. Larson moved, Allen second to adopt Resolution No. 265-75 and 266-75 declaring the costs to be assessed and ordering preparation of assess- ment roll and ordering a hearing to be held on September 2, 1975 on the following: Deferred costs from Project 5620-58 Construction of a Sanitary Sewer on 6th Street S. W. from a point 190' West of 15.th Avei S.W. to a point 450' West ; and in Block 2, Dresbach's Addition; 14th Avenue-S. W.; 15th Avenue S. W.; 8th Street S. W. ; and along T.H. 52. Lot 24 is assessed a total of $224.40 for its share on the above. and Resolution 267-75 and 268-75 declaring the costs to be assessed at ordering preparation of assessment roll and ordering a.hearing to be held on September 2, 1975 on Deferred Costs from Project 6453-6! Sanitary Sewer and Water Service Connections stubbed into the boule- vard on Meadow Lane S. W. to serve Lots 25,26, 27 and 40 in North Sunny Slopes..,and is assessed $166.50 for Lot 25 for its share on the above. and Resolutions 269-75 and 270-75 declaring --the costs to be assessed and ordering preparation of assessment roll and ordering a hearing to be held on September 2, 1975 on the following: Deferred costs from Project 6453-64 Street Grading and Surfacing of Meadow Lan( Sanitary Sewer and Water Main to serve Lots 25,26,27, and 40 in North Sunny Slopes Addition. and is assessed a i:otal..of $1119.58 for Lot 25 only. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt the prepared Resolution No. 271-75 authorizing the City Clerk to advertise for bids on Project No. 7502-0-75 J 4952 " Channelization of Mayo Run from Bear Creek to llth Avenue S. E. plus Culvert Installation at 9,10, and 11 Avenue S. E.. Bids to be opened at 11:00 August 27, 1975. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to adopt the prepared Resolution No. 272- 75 awarding the low bid of $,43,194.80 to Doyle Conner Company of Rochester, Minnesota for Project No. 6202-3-75 J 4950 Repaving 2nd Street S. E. between 1st Avenue and 2nd Avenue and Repaving 2nd St. S W.-within the 1st Avenue intersection: Ayes (7), Nays (0). Motion Carried. Strain moved, Kamper second to designate the following areas as smoki areas as follows: 1. Council Chambers - the entire area north of the railing separating the Council's area from the public seating and the east one-half of the public seating area. 2. Room 4 - All areas designated for smoki except extreme southern end of the room. 3. Other City buildings - a.Motion to -`instruct the city staff to designate smoking areas in tho buildings under their supervision . Ayes (7.).,-Nays (0): Motion carri ue 0 e d. E-14 (Strain moved, Allen second to approve the request received from David Prigge of R.R. Byron, Minnesota to move a garage . The Police RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3213'CITY OF ROCHESTER, MINNESOTA Regular Adjnijrnad Meeting No 12 - August 4, 1975 Agenda Item E-14 Department , the Park Department and the Public Utility Department stated their approval of the route. Ayes (7), Nays (0). Motion carriE E-15 Kamper moved, Strain second to approve the application to sell cigarettes received from The Barrel Inn -104 East Center and the application received from Wally Laumeyer Auction Company to conduct E antique auction at the Holiday Inn South on August 18, 1975. Ayes C Nays (0). Motion carried. F-1 An Ordinance relating to City elections and terms of offices; amendir the charter of the City of_ Rochester, s_ecti'ons 8, .14, - 15,-1.8,1:28 1- 0, and 148 and. _repea-ling Chapt&-._,_X (- Section- 160 and Subsections through 1-4 ).. was' -given its second__reading. Larson moved; Kamper second to adopt the ordinance as read. Ayes (7), Nays (0). Motion. Carried. F-1 Powers moved, Larson second to adopt Resolution No. 273-75 approving the Public Utility resolution requesting approval of an agreement between the City of Rochester and Independent School District No. 535 whereby the school district is granted the right to purchase .fuel oil not to exceed 50,000 gallons from the City each year in accordance with the agreement, and the Mayor and City Clerk are here- by authorized to sign said agreement on behalf of the City. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Allen second to adopt Resolution No. 274-75 approving the Public.Utility resolution requesting authorization to execute -the release and indemnifying agreement dated June 6, 1975 between the City and Rochester Sand and Gravel , Inc. and Safeco Insurance Company of America relative to the contract for gas turbine and -fuel oil tank foundations and the Mayor and City Clerk are authorize( to sign said documents. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 275-75 approving the Public Utility resolution requesting authorization to enter into an agreement with Pfeifer and Shultz, Engineers to submit an appli- cation to the Environmental Quality Council (EQC) for the desi gnati or of a specific site for a proposed base load plant, and the Mayor and City Clerk are authorized to sign said agreement on behalf of the City. Ayes (7), Nays (0) Motion carried. F-1 Allen moved, Strain second to adopt Resolution No. 276-75 providing for special parking in front of the Library Ayes (7), Nays (0). Motion carried. E-4 McNary moved, Larson second to deny the request for Leave of Absence for Rosemary Klein from August 16, 1975 to August 16, 1976. This was denied because of the precedent that it would set for the City of Rochester employees. Ayes (7), Nays (0). Motion carried. E-6 Kamper moved, Larson second to approve the semi monthly bills (list attached)in the amount of $137,876.00. Ayes.(7), gays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - August 4, 1975 Agenda Item A-1 B-1 11 Having no further business, the meeting was adjourned upon motion by Powers and second by Allen Ayes (7), Nays (0). Motion carried. President Postier called the meeting to order at 7:30 P.M., the following.members being present: President Postier, Aldermen Allen Kamper , Larson,'McNary, Powers and Strain. Absent: None. Hearing on th.e application for a conditional use to permit a Super- vised living facility to be constructed in the 1400 block on 4th Avenue S. E. ( PORT HOME.). Wishing to be heard was Ray Schmitz, Assistant County Attorney and he pointed,:out that on July. 11, 1975 a memorandum by'the City Planning and Zoning Commission brought a recommendation concerning this property of this particular project.. .Mr. Schmitz also introduced Mr. Dave Rooney of.1515 Graham Court. Corrections Advisor of Olmsted County and he. stated the need for this home in Rochester. Christopher Bachelder of 4.15 16th Avenue S. W. Chairman of the Commission Correction Advisory Board was. present and explained the financing of this home. Donald Allert.of 1317 21st St. N. W., Chairman of the PORT Group home subcommittee stated the need for a home of this type, and ages of boys it would help etc. Lee Blackus of 2602 Riverside Lane N. W., Director of Group Home PORT was present and stated this would be -run identical to the PORT of Home for girls in Olmsted .-County and stated the length of time the boys would be in the home. Roger Schmock Phoenix Farm, .Salem Road was present and had the home designed and presented the drawings to the Council. Ms. Marilyn Igel of 1330 30th St. N. W. represented the League of Women Voters and gave the support of the League of Women Voters for this home. Mrs. Thomas.Hoven of 1653 loth Avenue S. E. support the home, and Mr. and Mrs. Norman Nelson of 3938 3rd Place N. W. were parents of a girl who was in the Girls PORT home and Mr. and Mrs. Philip Britzman of 1503 14th St. N. W. were parents of a girl who had been a resident of PORT, and they gave 'their support of this home for boys. Mr. Robert DeVinny of 1903 South Broadway, attorney for the oppositio was present and was not in favor of this home, he represented 20 property owners and referred to the petition with 69 opposing signatur s.. He urged the Council to deny this change. Mr. William Saterdalen of 208 llth Avenue S. E., Mr. John Colgan of 1638 7 1/2 Avenue N. E. Mrs Richard: Long 1508 2nd St. S. W., Floyd Whipple of R. # 3, Rochest r .Robert Harden of 601 16th St. S. W. were present in opposition to this home. They stated the land would be de -valued -if this home is built. Mr.,Batchelder returned for any.questions that the Council had, and Mr. Rooney responded to some of the Council's questions. Mike K-lampe of 1918 26th Avenue N. W. wished to be heard, and spoke in favor of this project. No one else wished to be heard, President Postier closed the hearing. Mr. Ray.Schmitz commented on. the Declar- ation of Protective covenants and restrictions that the Mayo Foundati n declared, and after discussion by the Council Kamper moved, McNary second to accept the recommendation of the Consolidated Planning and Zoning Commission and the'Planning and Zoning Department and approve the application subject to the following conditions: . 1. Family -style appearance of structure. 2. Central housekeeping 3. Designated adults in charge at all times (24 hours per day) 4. Ten clients permitted in the R-3 District 330 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA IMAIPT&W - .. Agenda Item B-1 5. The total number of persons in the facility not to exceed the number of clients plus two designated adults plus the following conditions 1. That all parking of vehicles be accomplished in the rear of the facility a. Plan submitted for parking facilities for at least four (4) cars. 2. Maximum age limit of 17 years. Upon Roll Call vote, Aldermen Allen, Kamper, McNary, and Powers voted Aye -.Ayes (4), and Aldermen Larson, Strain and President Postier voted Nay Nays (3), Motion carried. B-2 Hearing on the Petition. to change the Zoning at 935 17th Avenue S. W. from the R-1 (one family) Residential Zoning District to the B-lb (Neighborhood Business) District. President Postier stated that this request has been withdrawn by the petitioner and this item canno. reappear for at least one year. Wishing to be heard was Mr. Ronald hott, Waldo►i `Lane N. W.'represented the property owners that signed a petition in opposition to this. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, McNary second to accept the recommendation by the Planning and Zoning Department and deny the change. Ayes (7), Nays (0). Motion carried. B-3 Hearing on the Application for Approval of the amended Planned Unit Development ( Final Plan ) to be known as Rochester Methodist Hospita' located at 201 West Center Street L Having no one present that wished to be heard, President Postier closed the hearing. McNary moved, Larson second to instruct the City Attorney to prepare an Ordinance and Resolution approving the Final Plan identified as PUD-I-10 subject to the two conditions: 1. Dedicated alley of Block 39, Original Plat, Rochester, Minnesota be vacated and be re pl aced with a drive for exit and entrance. 2. Landscaping plan for Rochester Methodist Hospital include continuous tree plantings in the public right-of-way surrounding each parking area per the discretion of the City Park and Recreation Department Ayes (7), Nays (0). Motion Carried. B-4 Hearing on the Petition to vacate the alley of Block 39, Original Plat, lying between West Center Street and First Street N. W., an-d 3rd Avenue N. W. and the present West side of the Rochester Methodist Hospital. No one -,was present that wished to be heard, President Post - closed the hearing.. Larson moved, Kamper second to approve the vacation subject to the following:l. Rochester Methodist Hospital amended P.U.D. being approved and 2. Point of ingress and egress be provided to substitute for vacated alley. Ayes (7), Nays (0). Motion carried. B-5. Hearing on the Sewer and Water Extension to serve Hillside School Project 6202-3-74 J 8518 "Sanitary Sewer and Watermain along the south side of 2nd St. S. W. from the east line Lot 1, Block 3, Highland Addition to the west line of Lot 13, Block 4, Highland Add'n Wishing to be heard was Mr. Gary Raymond of 223 21st Avenue S. W., er I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - August 4, 1975 Agenda Item B-5 Mr. Warren Randall. of 2128 2nd St. S. W. and they questioned the placement of the Sewer. Roger Plumb, and Al Toddie, City Engineer's explained the position to them. Having no.one else present that wished to be heard, President Positer closed the hearing. McNary moved, Powers second to adopt the prepared resolution No. 277-75 ordering the project to be made. Ayes (6), Nays (1). Alderman Allen voting Nay. Motion carried. D-1 Car:-= Wegman wished to be heard regarding the wages for the school crossing guards. She stated that the law allowed them to be paid for unemployment compensation during the summer months, but since that law was repealed, they were not given a raise in 1974., and they would like one at this time. Larson moved, Strain second to refer this matter to the City staff for review and recommendation to the Personnel Advisory Committee and Council during the 1976.budget reviews. Ayes (7), Nays (0). Motion carried. E-9 Strain moved, Powers second to approve the advertising of bids for Project 6202-3-74 J 8518 Sanitary Sewer and Watermain along the south side of 2nd Street S. W. from the east line.of Lot 1, Block 3, Highlan Addition to the west line of Lot 13, Block 4, Highland Addition. and instruct the City Clerk to advertise for said bids to be opened at 11:00 A.M.-on August 27, 1975. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Powers second to adopt Resolution No. 279-75 approving the amended PUD-I-10 for the Methodist Hospital subject to the conditions set forth on.13-3. Ayes (7), Nays (0).-Motion carried. F=1 An Ordinance rezoni"n'g Certain property , and amending Ordinance No. 1659 , known as the Zoning Ordinance of the City of Rochester Minnesota and Ordinance No. 1737 as amended by Ordinance No. 1775, creating a Planned Unit Development District known as PUD-I-10 ( Rochester Methodist Hospital ) was given its first reading. Larson moved, Allen second.to suspend the rules, and upon roll call vote, Ayes (7), Nays (0) . Motion carried, _and -the Ordinance -was- gJ ven .i.ts _ second reading. *Larson moved, Allen second to adopt the Ordinance as read. Ayes (7), Pays (0). Motion carried and the Ordinance was adopted. F-1 Larson moved, Allen second to adopt Resolution No. 280-75 vacating the orth-South public alley as platted in Block 39, Original Plat ( Roch. ethodist Hospital property ). Ayes (7), Nays (0). Motion carried. F-1 AcNary moved, Powers second to adopt Resolution No. 281-75 vacating. he 23rd Street N. W. in the IOI Property as platted and dedicated n Hendrick's.Subdivision lying north Lots 1-2-3- and 4, Block 1 Crenlo ) Ayes (7), Nays (0). Motion carried. aving no further business, Allen moved, Strain Second to adjourn the ieeti ng.-unti+l 7:30. P.M. August l l ,. 1975. Ayes (7), Nays (0) . Motion carried. C� f"i✓Q/ ` Citv Clerk 332 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 12 - August 4, 1975 Agenda Item Information - August 4, 1975 1. Minutes of Standing Committee July 14, 1975 2. Letter from Mrs. Raymond Wood, Re; Damage to car windshielf from golf ball. ( Referred to Insurance, City Attorney., Park Dept.) 3. Letter from David Valfer, Re: Damage to bicycle. ( referred to Insurance, City Attorney, and Public Services ). 4. Petition re: Blackbirds roosing in trees within the City Limits ( referred to the Committee of the Whole) 5. Letter from Howard M. Winholt2 RE: Rochester Methodist Hospital - expansion program. Information only. 6. Referred to Planning and Zoning: a. Petition to vacate public property - 5th Avenue S. E. between 4th Street S. E. and 5th Street S- E. 7. Letter from Gordon A. Heath, 2253 5th Avenue N. E. with statement attached from Master Cleaners RE: damages claimed because of sewer backup. ( Referred to City Attorney, Public Services Department, Insurance.) I 1�