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HomeMy WebLinkAbout02-17-1976RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY. OF ROCHESTER, MINNESOTA 425 Agenda Item A-1 B-1 President Postier called .the meeting to order at 7:30 P.M., the following members.being present: President Postiert; Aldermen Allen, Kamper, Larson, McNary, Powers and Strain. Absent: None. A hearing on the Petition to change the zoning District -on -the Property located at 910 1.1th Avenue N. W. from the B-3 and R-1 Districts to the R-4 Districts. Wishing to be heard was Mr. Thomas Wolf of 2205 Crest Lane S. W. and appeared as an advocate of GAC Co. purchaser of this property. Mr. Wolf.stated the need for this unit to be named Northgate Plaza, and stated the Planning and Zoning. Commission's reasons for denying the zone change had no valid reasons. Mr. Wolf also presented a letter to this effect. Mr. Mike Collins President of GAC Co. 56, Crossroads Center was present and wished to be heard. Mr. Collins stated the needs for housing for the el.derly in Rochester., and his interest in building this unit. Mr. Gary Leedei of the Consolidated Planning Department was present and state & the need for such a housing unit on statistics that were gathered in surv( for the Housing.and Redevelopment Authority. Mr. Pete Boosalis of 15! East 78th Street, Minneapolis, Minnesota, Consultant developer for GAC Company was present and wished to be heard. Mr. Boosalis stated reasons for selecting the site and explained the various aspects of parking, traffic, problems to the neighborhood, secondary accesses, buffers etc..Also.presented were letters from various realtors stating the values of property would not be affected by this developm( Nancy Stroebe•1 of 41:9 .18th Street S. W. stated the need for this unit and urged the Council to approve the zone change. Emery "Buck Jackson of 118 llth Avenue S. E. represented the labor union and says it is high time the elderly have some place to go, and stated that the property N.W. Rochester is the ideal place.Mrs. Donna Suk of 1810 Northwood Road, Rochester works with Meals on wheels, and stated the need for these units. Katherine Sholtz 2006 5th Avenue N. E. Chairperson of the HRA stated this unit did not conflict with the studies made by the HRA, she stated we have to contend with the Flood fringe. Captain Raymond Sweazy of 1809 10th Avenue N. W. stated that many homes were torn down by the Rochester Methodist Hospital and the Clinic, and the elderly and poor get the blunt of it and. urged the Council to vote for this change. Mr. Thomas Wolf stated that 96 people were getting applications .for another unit that was propose) earlier. Mrs.\James Jahn of 915 9th Avenue N. W. spoke on behalf of. the homeowners, and strongly protested.this zone change. She stated they don't protest the housing for the elderly, just the location. She said property would be devaluated, and financing would be hard to get, and stated the School Board protested to the -service road, and presented a letter from them to:that effect. Mr. Ronald Farrow of 919 9th Avenue N. W. was opposed, said kids would have a hard time staying out of the -construction and.would be hurt, also stated that traffic from the visitors to the Senior citizens would be the problem not so much as the Senior Citizens themselves. James Larson of 701 9th Avenue N. W. was present and.stated,140 people signed -a petition against the housing. unit. he was concerned about parking, traffic, value of property, drainage and shadows of the building, and urged the Council not to rezone this. im RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 40 - February 17, 1976 Agenda Item B-1 Mr. Richard Hexum , Jr of 1002 North Broadway stated that property will not go down, he stated Madonna Towers was built, and the property was not effected. Mr. Elton White of 1432 12th Avenue N. E., Frank Wilkus of 1018 loth Avenue N. W. were opposed to this change Mr. Thomas Moore, of the Consolidated Planning Department stated that an .up -dating of the Comprehensive Planning is needed, and the housing problem in one area that needs changing. Alderman Darrell Strain stated he is in favor of the -Senior Citizens and likes the project presented. Mr. Swanson, City Attorney stated that stipulations put or property to be rezoned is not good, but a Planned Unit Development would be an alternative. Alderman Strain sa1d he had questions on this and it should be looked into further because of the neighbors protest. Having no one.else present that wished to be heard, President Postier closed the hearing. President Postier stated that this should be a PUD. Options were discussed by the Council. Strain moved, McNary second to instruct the City Attorney to prepare an ordinance making a zone change to.R-3 until that time when the developer willwicome back with an application for a Planned Unit Development. Ayes (5), Nays (2). Aldermen Allen and Kamper voting Nay. Motion carried. B-2 A Hearing*on the Proposed Assessments for Watermain Extension to Pennington Business Park. David Pennington is requesting a delay in the assessment of these costs against his property. Project No. 7106 J 8409 Watermain Extension along the east side of T.H. 52 from 41st Street N. W. to Pennington Business Park. This deferred amount will be levied when the undeveloped land is platted and developed, but not to exceed three (3) years.from the adoption of this resolution dated November 7, 1972. Kamper moved, McNary second to table this until March 15, 1976. Ayes (7), Nays (0). Motion carried. D-1 A. -letter was presented to the Council from SEMAC Southeastern Minnesot Action Council requesting that 4 additional people who will represent the.citizen r.. at large be placed on the Downtown Advisory Board and ,the method of selecting these people and that the Downtown Advisory. Board be held evenings to give people a better chance to attend. The Council took this under advisement:. E-1 Allen moved, Powers second to instruct the City Attorney to prepare an Ordinance making changes in the license fees. Ayes (7), Nays (0). Motion carried. E-2 Kamper moved, Allen second to approve the application filed by Swane Henery Wagner of 105 North Blake Road Hopkins, Minn. for a sauna and massage parlor license for the premises located at 15 4th Street S. W. Upon Roll call vote, Aldermen Allen, Kamper, and Strain voted Aye. Ayes (3). President Postier, Aldermen Larson, McNary, Powers voted nay. Nays (4). Motion denied. E-3 Strain moved, Powers second to approve the renewal of the following Off Sale Liquor Licenses: Daly Liquor, Inc. 1318 Apache Drive; Bob's Liquor Store, 15 2nd St. S. E.; Buckeye Liquor 205 4th St. S. E.; Goph r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4�'7 Agenda Item E-3 E-4 E-6 E-7 Im E-9 E-10 Liquor Sto.re.15 1st Avenue S. W.; Hillcrest Liquors 1618 Highway 52 N Huey's Liquor Store 325 So. Broadway; Andy's Liquor; Inc. 56 Crossroai Center;.Deluxe Liquor 1635 Northbrook Shopping Center; Joe's Liquors, Inc. 2 17th Avenue N. W.; Northgate Liquors`1-120 7th St. N. W.; Valha Bottle Shoppe 308 Elton Hills Dr.; and Rochester Liquor Supply 602 North Broadway. Club Liquor Licenses as follows: Fraternal Order of Eagles; V.F.W. Club; American Legion Club; Loyal Order of the Moose; A.F.L. - C.°I.0 Labor Club; B.P.O. Elks Club, and the following Special Sunday -Liquor Fraternal Order of Eagles, American Legion Club; Loyal.Order of.the.Moose ; and B.P.O. Elks Club. Ayes (7), Nays (o). Motion carried. Powers moved, Strain second to approve the following licenses and bonds: Cigarette Licenses - Rochester Liquor - 602 North Broadway; Sams, Cheese Mart 1131 3rd Avenue S. E. and Joyce M. Fortier, dba Town House. The..licenses for Master Installer as follows: John L. Bantley 616 10th Street S. E. ; James R.. Rouse 6828 19th Avenue So. Richfield and Ronald.F. Kocher of 5149 Luverne Avenue S. Minneapolis; Heating contractor licenses to Rouse Mechanical, Inc. of 11348 K-Tel Dr. Minnetonka,.Mn..-Quality Plumbing and Heating 1823 16 1/2 St. N. W the bonds have been submitted. Ayes (7), Nays (0). Motion carried. Kamper moved, Larson second to approve the prepared Resolution No. 69 76 awarding the contract for Project No. 7506 J 8541 Extension of Watermain to serve the Reynolds Wholesale Company Property at 48th Street N. W.. and T.H. 52 North to.Fraser Construction Company, Roches Minnesota in.the amount of $21,692.35. Ayes (7), Nays (0). Motion Carried.: Strain moved, McNary second.to.instruct the City Attorney to proceed with Eminent. Domain Proceedings for Sanitary Sewer Extension to serve Glatzmaier Enterprise Property on .1825;,North Broadway Project No. 7201-0=75. This has been negotiated with Mr. George Hol.ter and has reached an impass. Ayes.(7), Nays (0). Motion carried. Larson moved, Powers second to adopt the prepared Resol uti.on authoriz. ing the City Clerk to.advertise for bids Project No. 7505-0-75 Phase II J-8542 Grading and Surfacing on the extension of Valkyrie Drive fri the south line of Valhalla 3rd Sub. to the Hiawatha Chi.ldren's Home Property , and to serve lots fronting 20th Street N. W. in Woodgate 1st Subdivision. Bj:ds will be opened March 11, 1976 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt the prepared Resolutions No. 71-76 and 72-76 declaring costs to be assessed and ordering preparati of the assessment roll and adopt the resolution ordering a.hearing on the proposed assessments. The hearing will be held on March 15, 1976. Ayes (7), Rays (0). Motion carried. Kamper moved, Larson second to adopt the prepared Resolution No. 73-7 approving the 1976 maintenance agreement between the County of Olmste and the City of Rochester and authorizing the Mayor and City Clerk to la r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item sign the 'agreement. Ayes (7), Nays (0). Motion carried. E-10 E-11 Larson moved, Strain second to instruct the City Attorney to prepare a resolution vacating the Utility Easement located.on Lots 1 and 2, Block 3, Elton Hills East Fifth Subdivision and accept the offer to grant a new easement. Ayes (7), Nays (0). Motion carried. E-12 Strain moved, Kamper second.to.have the City proceed in purchasing 'additional park land in conjunction with the.school and that the proposed right-of-way for streets be established and.reserved for tha purpose in the deed also noted is the owners would pay for the assessments of this after, they receive the money. Ayes (7), Nays (0). Motion carried. E-13 Larson moved, Allen second to instruct the City Attorney to prepare a resolution vacating a utility easement located on Lots 9 and 10, Block 2, Wilshire Estates Addition. Ayes (7), Nays (0). Motion Carried. E-14 Powers moved, Larson second -to instruct the City Attorney to prepare a resolution granting variances to the subdivision Ordinance pertaining to the proposed Plat of Northern Hills Second Subdivision. Ayes (7), Nays (0). Motion carried. E-15 Larson moved, -Strain second to.adopt the prepared Resolutions No. 74- 6 and 75-76 declaring the costs to be assessed and ordering preparation of the assessment roll and to order a hearing on the proposed assess- ment to be held March 15, 1976. Ayes (7), Nays (0). Motion carried. E-16 Kamper moved, Allen second to adopt the prepared Resolutions No. 76-7 and 77-76 closing completed projects and authorizing transfer of temp- orary financing. Ayes (7), Nays (0). Motion carried. E-5 Larson moved, Kamper second to approve the semi-monthly bills (list attached ) in the amount of $360,020.67. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Fire Regulations, Fire Prevention, and Administ- ration; Adopting a Fire Code for the City of Rochester; Imposing Penalties for violation; amending Rochester Code of Ordinances, Sections 110.010; 110.020, 110.030, 110.040, 110.050, 111.010, 111.110, 111.120, 111.130, and 111.140; Repealing Section 110.150. 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 relating to the licensing.and regulation of the business of saunas and Massage; limiting the number of licenses to be issued; providing for inspections, and.imposing penalties for violations; - amending the following sections of the Rochester Code of Ordinances as enacted by Ordinance No. 1758: 162.010; 162.020; 162.060; 162.070; 162.110; and 162.130. was given its second reading. Powers moved, McN ry second to approve the Ordinance as read. L � RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �sW Agenda Item F-1 (Upon Roll call vote, Aldermen Allen, Kamper and Strain voted nay. President Postier, Aldermen Larson, McNary.and Powers voted Aye. Ayes (4), Days (3). Motion carried, and the Ordinance was adopted as read. It was also noted by a roll call vote that the reason -for not grantin the license to the.Sauna.Owners in item E-2 was anticipation of the vote on the -above. ordinance.,l.imiting the saunas to 4. Vote on the statement above is as follows:. Aldermen Allen, Kamper and Strain vote nay. President Posher, Aldermen Larson, McNary, and Powers voted aye Ayes (4), Nays (3). Reason so stated. F-1 An Ordinance relating to fees charged.for licenses and permits issued by the City of.Roche.ster; amending Rochester Code of Ordinances, sections 77.040, 84.110, 85.150, 100.040, 105.060, 161.070 as amended by Ordinance No..17.71, 162.030 as enacted by Ordinance No. 1758 , 178.03 , 179.030 and 180.030, 186.040, and repealing section 77.110 and Chapte s 126 and 176. Also included was the elimination of the "bell" on the Cat license tag, was given its first reading. F-1 Powers moved, Kamper second to adopt Resolution No. 78-76.of the Public Utility Board setting salaries for certain management and supe - visory.positions in the Electric Department, Water Department, and th Secretary's Office and approving fringe benefits effective January 1,1976. Ayes_(7), Nays (0). Motion carried. F-1 Powers moved, Larson second to adopt Resolution No. 79-76 of the Pjub1ic Utility Board setting salaries for certain positions in the E1 ctric Department, Water Department. Steam Department and the Secretary's Office effective January 1, 1976. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 80-76 of the Public Utility Board to execute the release and indemnifying agreemen dated November 18, 1975 between the City of Rochester and Air Correction Division, UOP Inc..and New Hampshire Insurance Company relative to th contract for Electrostatic Precipitator, Unit III and the Mayor and City Clerk are authorized to'sign said agreement. Ayes (7), Nays (0). Motion carried. F-1 Kamper moved, Allen second to adopt Resolution No. 81-76 of the Publi Utility Board requesting approval of a contract amendment No. I to th contract with Leeds and Northrup Company for supervisory.control and date acquisition system for a total amended contract price of $225,6112.00 and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0). Mo.tion..Carried. F-1 Powers moved, Kamper second to adopt Resolution No. 82-76 of the Public Utility Board requesting authorization to enter into a contract with Ecodyne Cooling Products Division for Cooling Tower Rehabilitation n; the amount of $29,087.00 and the Mayor and City Clerk are authorize to sign said agreement. Ayes (7,$_)., Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 G-1 Mr. Gerald Swanson City Attorney presented.. letter on his opinion of the Downtown Development District --Development Plan and Tax Incr anent Plan - Charter Referendum under Section 103.5 which include the last page of the letter presented - 1. Obtain judicial clarification to the effect of section 103.5; 2. Comply with the provisions of section 103.5 and have a referendum on the question pro- posed by that. section; 3. Seek legislation exempting such plans from section 103.5; 4. Amend the charter by ordinance to exempt such plans from 103.5 and 5. Disregard the above options and approve the plan in its present form at this time. The Council will meet with the Down- town Development District at the Committee of Whole on February 23, 1176 and will discuss this at that time. Also at that meting the request of SEMAC will be discussed. Kamper moved, Larson second to remove the award of group insurance bids off the table. Ayes (7),.Nays (0). Motion carried. Kamper moved: Powers second to accept the recommendation of the Finance Department that the bid proposal of Employee Benefits Administration be accepted for processing our Health Claims on a self Insurance basis with stop - loss protection provided for the annual total claims. For the first year that amount would be $287,157. The life Insurance would be provided by Safeco Insurance Company thru the C.O. Brown Agency. Ayes (6), Nays (1). Alderman Allen Voted nay. Motion carried. Having no further business,. Allen moved, Larson second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. CITY CLERK Information -February 17, 1976 1. Minutes of the Standing Committee - February 2, 1976 2. Minutes of the Standing Committee - February 9, 1976 3. Referred to Planning and Zoning a. petition to annex 109 acres of unplatted property in Cascade Township to the City of Rochester - Stanley Guth ( Buil ers Land Company ). b. petition to annex 2.6 acres of unplatted property in Cascade Township to the City of Rochester - Franklin Heating Station.) m 11