HomeMy WebLinkAbout03-15-1976rot - wa
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
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Adjourned Meeting No. 43 - March 15, 1976
President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
McNary and Powers. Alderman-Larson*.arrived at 8:30 P.M. during item
B-3. Absent: Aldermen Kamper and Strain -They -are attending the
National League of Cities conVention-in Washington D.C.
Allen moved, Powers second that the minutes of the March 1, and 10
1§76 meeting were approved. Ayes (4).�Nays (0).- Motion carried.
A Hearing on the Proposed assessments for Downtown Sidewalk Replace-
.ment Project No. 1-1974 J 8499. Elmer Wiedenkamp of 207 4th Street
,S. E. wished to be heard, and stated that his sidewalk settles becaus(
of the City steam line, and creates ice etc. in the winter, and he
doesn't think he should pay for a new sidewalk all the time because
of this problem. Mr. Harold DeVries, City Sidewalk inspector stated
he would inspect this problem. President Postier read a letter sub-
mitted by China Hall regarding the sidewalk in front of their store
.on First Avenue S.W. The sidewalk that was replaced did not conform
to code, and theydid not want to.pay for it. Mr. DeVries stated
they would inspect it, and see that it conformed to code. Having
no one else present that wished to be heard, President Postier closed
the hearing. Powers moved,. McNary second.- td-1 - a - dbpt�'the prepared
resolution No.104A-76 accepfin-g- the -assessments 7,� Ayes (4) ,
Nays (0). Motion-carrie'd.
A Hearing on the Proposed assessments for Watermain extension from
7th Street N. W. to Cascade Industrial Park Ist Sub. No one was prese
that wished to be heard, President Postier closed the hearing.
McNary moved, Allen second to adopt the prepared Resolution,No. 105-
76 accepting the assessments. The deferred amount of $19,88L34 is
deferred for 5 years or until developed, whichever comes first, and
the deferred amount of $21,292.23 until annexed. Ayes (4), Nays (0).
Motion carried.
A Hearing on the Proposed StPeet Improvements on 14th Avenue
S. W. from the East Frontage Road T.H. 52 North to 9th Street S. W.
Curb and Gutter and sidewalk on the east side of-14th Avenue S. W.
from 9th Street S. W. to 7th Street S. W. and sidewalk on the east
side of 14th Avenue S. W.,from 7th Street S. W. to 6th Street S. W.
Dr. Donald Klass of 956 14th Avenue S. W., Gerald Needham of 806
14th Avenue S. W.; Dr. Albert Hagedorn 1332 7th St. S. W. ; C.G. Smit
958 14th Avenue S. W.; Jim Rupkalvis 952 14th Avenue S. W. wished to
be heard in opposition to this project. Mr. Roger Plumb, Public
Works Director,presented slides regarding this project and answered
the questions the people had., Having no, ' -one else that wished to
be heard, President Postier closed the hearing. McNary moved, Powers
second to adopt Resolution No. 106-76 ordering the project to
be made ( Project No. 6314-3-76 J 8545 ) with the following deletion ' s
sidewalk deleted from,6th St. to 8th Street and curb and gutter del-
eted from 7th until'9th-St. Ayes (5), Nays (0). Motion carried.
Alderman Larson arrived.at 8:30. The traffic engineer will study the
roblem oD tbe t'Paffi.c problems on 14th Ave. S. W. intersection of
rontage Koad and-lAth Ave.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 439
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 43 March 15, 1976
Agenda
Item
B-4 A hearing on the Petition; -:to change the zoning District on the property
located at 1702 5th Street S. W. from R-3 ( Medium Density ) District
to R-4 ( High Density ) District. Having no one -that wished to be
heard, President Postier closed the hearing. Powers moved, Allen
second to instruct the City Attorney to prepare an ordinance making
the change that can be adopted. Ayes (5), Nays (0). Motion carried.
B-5 A Hearing on the Application for approval of an amended planned unit
development,( concept statement ) of Summit Square located on the
900 Block of 40th Street N. W. Mr. Guy Havelick of 931 40th Street
N. W. wished to be heard and stated that he wanted his name removed
from the consent statement of our Planning Department. Mr. Gerald
Swanson , City Attorney stated that names cannot be removed from
the consent statement once action has been taken by the Planning and
Zoning Department. Powers moved, Allen second to approve the
amended concept statement identified as PUD 76-1. Ayes (5), Nays (0)
Motion carried.
C-1 Powers moved, Allen second to app rove the appointment of the Mayor
of James Bauman 1434 Damon Court S. E. to the Rochester Public
Utility Board. Mr. Baumann replaces Vincent Folkert who resigned.
Mr. Bauman's term expires April , 1977. Ayes (5), Nays (0). Motion
carried.
C-2 Allen Moved, Larson second to approve the appointment of the Rochestel
Fire Civil Service Commission of Ross H. Parker to Firefighter in
the Rochester Fire Department effective April 5, 1976. Ayes (5),
Nays (0). Motion carried.
D-1 McNary moved, Larson second to consider the request for reconsiderati
of an appeal from the Zoning Board of Appeals decision. Ayes (5),
Nays (0). Motion carried. Mr. Frank Siebanaler owner of the property
at 19 and 23 8th Street N. W. was present and his attorney Mr. Lou
Ohly of Rochester, Minnesota. After discussion with the Council,
it was decided that the motion of B-4 and B-5 on the March 1, 1976
meeting denying the application and upholding the decision of the
Zoning Board of Appeals on both units was still carried and no futher
change was made.
D-2 Allen moved, Larson second to table action on the"Public Utility
Department request to support'proposed legislation 7 H.F. 2310. Mr.
Gerald Swanson, City Attorney requested more time to, study the re-
quest. Ayes (5), Nays (0). Motion carried.
440 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjoijrnpd Mpptinq No- 43 - March 15, 1976
Agenda
Item
E-1 Allen moved,.McNary second to approve the following requests of
the Public Services Department and the Finance Department for re-
organization:
Public Services Department- create the positions of: a. Construction
and Maintenance Engineer - b. Engineering Technician V - Construction
c. Engineering Technician V - Right-of-way d. Engineeri,ng Technician
V - Office and Assessments. Ronald Paine would fill the position of
Construction and Maintenance Engineer at a salary of $22,330.
Finance Department: Ann Easley to the position of Accountant $15,500;
,and JoeAhn;Woodbury to :the position of System Analyst $15,500. The
above positions are classified as exempt employees. Ayes (5), Nays
(0).Motion carried.
E-2 Powers moved, Allen second to adopt the prepared Resolution No. 107-
76 entering into the contract for the limnological survey to be
performed by TenEch Environmental Consultants, Inc. and the City
of Rochester pertaining to the City's water reclamation plant.
Wishing to be heard was Mrs. Frank Howard of 1107 7th Avenue S. W.
she stated that the survey should be conducted when a normal spring
run off occurred.. This spring was not a normal spring. Having
no one else that wished to discuss this matter, the vote was taken
Ayes (5), Nays (0). Motion carried.
E-3 Allen moved, Powers second to transfer the On -Sale Liquor License
of Louie's Bar located at 316 S. Broadway to Speer-Hockert-Peik,
Inc. Present owners are Lowell Graif, Inc. Ayes (5), Nays (0).
Motion carried.
E-4 Larson moved, Powers second to instruct the City Attorney to draft
a resolution in opposition to S.F. 2383 RE: tax increment financing
Ayes (5), Nays (0). Motion carried.
E-5 Allen moved, McNary second to approve the installation of a steel
cable fenceon llth Avenue N. W. The request was received from St.
Pius X School., Ayes (5), Nays (0). Motion carried.
E-6 Powers moved, McNary second to approve the following On -Sale Liquor
Licenses: Roxy, Inc. 315-317 lst Avenue N; W.; Hollywood Bar 307
S. Broadway; Townhouse 10 lst Ave. S. E,.; Louie's 316 S. Broadway;
Prow's Motel, Inc. dba Carlton Hotel 6 lst Avenue N. W.; Happy
Warrior 323 Ist Ave. S. W.; Cafe Internationale 1915 Hwy 52 N.;
Depot House 311, North Broadway; Kahler Hotel 20 2nd Avenue.S. W.;
Tropic Lounge, Inc. 430 5th Avenue S. E.; Michaels Supper Club
15 S. Broadway; Skyways Rochester Airport; Ground Round 1201 S.
Broadway; Midway Motor Lodge ( George Baihly Green Meadows ) ;
Ramada Inn 1625 S. Broadway; Holiday Inn South 1630 S. Broadway;
North Star Bar 503-507 N. Broadway; Bacchus-,5Z.4".11th Avenue N. W.;-'
The Lantern Lounge 6 & 8 S. Broadway; Holiday Inn Downtown 220 S.
Broadway; Golden George's 1829 Highway 52 North; Howard Johnsons
435 16th Avenue N. W.- Sunday Liquor Licenses - Holiday Inn Downtown;
Depot House; Howard Johnson Company; Kahler Corporation; Tropic
Lounge; Skyways; Holiday Inn South; Ramada Inn; Ground Round;
I'
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 43 March 15, 1976
Agenda
Item
E-6 Cafe Internationale; Prows Motel, Inc. dba Carlton Hotel;,Happy
Warrior. - Dance Licenses - Hollywood Bar; Town House; Ramada Inn;
North Star Bar; Holiday Inn Downtown; Roxy Bar; Depot House; Kahler
Hotel; Tropic Lounge. Ayes (5), Nays (0).-Motion carried. All bonds
were submitted.
E-6a Allen moved, Powers second to transfer the On and Off Sale Beer from -
Wesley Hayden dba Spa Tavern, Northbrook Shopping Center -to Joseph
Suchomel dba Spa Tavern and the cigare tte license for the Spa Tavern.
'Ayes (5),Nays (0). Motion carried.
E-7 Larson moved, McNary second to instruct the City Clerk to advertise
for bids 8 intermediate size sedans for the Police Department; I
compact size sedan for the Fire Department; and 2 Sub Compact size
cars for Public Services. Bids will be opened..at 11:00 A.M. March
31, 1976. Ayes (5),.Nays (0). Motion carried.
E-8 Allen moved, Larson second to adopt the prepared Resolution No. 109-71
awarding the bid of non-reflectorized and reflectorized paint to
Vogel Paint Companyin the amount of $3,260.10 and $3,854.10. Ayes
(5), Rays (0). Motion carried.
E-9 -McNary moved, Larson second to approve the semi-monthly bills in
-the amount,of,$266,891.69 ( list attached Ayes (5), Nays (0).
Motion carried.
E-10 Powers -moved, Allen second to adopt the prepared Resolution No. 110-
revising the Travel -.-Policy section of the City Personnel Departmen
this increases the amount'reimbursed City employees for use of privat
vehicles on City business to the following rates effective March 1,
1976 In-Town.18� per mile - Out of Town 16� per mile. Ayes(5)
Nays (0). Motion carried.
E-11 Larson moved, Powers second to adopt*the prepared Resolution 111-76
setting a date for a public hearing on the 3rd.day of May, 1976
to vacate three.walkways, and the 12,13,and 14th Avenues N. W. situat
in Blocks 7,8,9 and 10 Sunrise Estates 2nd Subdivision subject to
their re-establi.shment on a replat. Ayes (5), Nays (0). Motion
carried.
E-12 Powers moved, Larson second to instruct the City Attorney to prepare
a resolution accepting the offer by Mrs. Eleanor Miner to grant to th
City of Rochester an Easement for Utility Purposes over part of Lot
52, State Plat of Section 36, Y107N, R14W to grant the new easement.
Ayes (5), Nays (0). Motion carried.
E-13 Larson moved, Allen second to approve the Application for the
preliminary plat of Replat No. 2 of Sunrise Estates 2nd Subdivision
subject to the following condition that the existing streets be
vacated and re-establish.ed as shown on the.plat. Ayes (5), Nays (0).
Motion carried.
re
Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 43 - March 15, 1976
Larson moved, Allen second to approve the -review of the petition to
change the Zoning on certain lots in Willow Center Subdivision from
the Flood Plain District to the General Business District and Indus-
trial District Pursuant to the Willow Creek Sanitary Sewer District
Agreement,s,iubjecf- to the land being filled and an adequate floodway
maintained as proposed by DNR. Ayes (5), Nays (0). Motion carried.
Larson moved, Powers second to adopt the'prepared Resolution No. 112-
76 awarding the contract to the low bidder for.Traffic Signals at 4th
Avenue and 7th'Street N. W. Low bidder is Nietz Electric $43,886.
Ayes (5), Nays (0). Motion carried.
Powers moved, Allen second to adopt the prepared Resolution No. 113-
76 awarding the contract on Project No. 7505-0-75 Phase II J 8542
Grading and Su--ffacing 1 on the extension of Valkyrie Drive from the
South line of Valhalla 3rd Sub. to the Hiawatha Children's Home
Property and to serve lots fronting 20th Street N. W. in Woodgate lst
Sub. The low bidder was Rochester Sand and -Gravel, Rochester , Minn.
in the amount of $29,702.00. Ayes (5),,Nays (0). Motion carried.
McNary moved, Powers second to adopt the prepared Resolution No. 114-
76 covering:the following:. Amend Paragraph (213) of Section B No Park.
ing Zones to read: (213) 15th Avenue S. W. on the west side from
2nd Street to 6th Street, at.all times, and on.the-.east,;.side,from
2nd Street to 6th Street, from 6:00 A.M. to 9:00 A.M. and from 3:00
P.M. to 5:30I.P.M. Monday thru Friday. Ayes (5), Nays (0). Motion
carried.
Allen moved, Powers second to adopt the prepared Resolutions No. 115-
76 and 116-76 declaring the costs to be asses-sed and ordering pre-
paration of the assessment roll and ' ordering a hearing on the pro-
posed assessment on New Sidewalk Project No. 3-75 J 8530 Construct
new ' sidewalk on Memorial Parkway-S. W. from T. H. 14 North to sidewall
in place. The:hearing will be held April 19, 1976. Ayes (5), Nays
(0). Motion carried.
Allen moved, McNary second to adopt the prepared Resolutions No. 117-
76 and 118-76 declaring the costs to be assessed and ordering pre-
paration of the assessment roll and ordering a hearing on the pro-
posed assessment on Project 6901 Parts I -II and III J 8310 and
8336 Elevated Water Tank and Trunk Mains for the High level district
in E 1/2 Section 27 and W I/?- Section 26 of the N.W. Service Area.
The hearing will be held April 19, 1976. Ayes (5), Nays (0). Motion
carried.
Larson moved, Allen.second to approve and authorize signatures on
a stipulation agreement whereby the City of Rochester agrees to pay
$1,760.00 for permanent partial disabilityand $170.00 for medical
bills for Arthur W� Towey who was working for the City of Rochester
on January 21, 1957 When he stepped out of a garbage truck and injure,
his right knee. Ayes (5), Nays,(0). Motion carried.
I_
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Agenda
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RECORD OF, OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 43 - March 15, 1976
An Ordinance rel ating- to fees charged for I i censes - and. p6mi ts�
issued by the City -of Rochester; amending Rochester Code' of Ordinance
Sections 77.040, 84.110, 85.150, 100.040, 105.066, 161.070 as amended
by Ordinance No. 1771, 162.030 as enacted by Ordinance No. 1758,
178.030, 179.030, 1801.030, 186.040 and -repealing Section 77.110 and
Chapters 126 and 176. was given its second reading. McNary Moved,
Powers second to adopt the ordinance as'read. Ayes,(5), Nays (0).
Motion carried.
Powers moved, Allen second to adopt Rbsolution No. 119w-76 approving
the Capital Improvement Program entitled Capital Program 1976-1981
City of Rochester" Ayes (5), Nays (0).-Motion carried.
Larson moved, Powers second to �dopt Resolution No. 120-76 approving
ia contract to sell a portion of Block 77,.Original Plat at a price of
$5,000.00 and the Mayor and City Clerk are authorized and directed
.to sign said contract on behalf of the City. This is a real estate
contract between the City of Rochestertaand People's Natural Gas.
Ayes (5), Nays (0). Motion carried.
Allen moved, McNary second to adopt,the prepared Resolution No.121'-:
76 increasing the membership of the Downtown Development District
Advisory Board from seven to nine members. The additional members
created by this resolution and appointments to fill any vacancies
on the Board shall be made by the Mayor with theconsent of the Commo'l
Council. Ayes (5), Nays. (0). Motion carried.
McNary moved, Larson second to adopt Resolution No. 122-76 setting
the hearing date of May 3, 1,976 for.vacation of utility easements in
Lots 9.and 10, Block 2, Wilshire Estates Addition.and Lot 13, Block 2
Wilshire Estates Third Subdivision. Ayes (5), Nays (0). Motion carri(d
Larson moved, McNary second to adopt Resolution No. 123-76 approving
an agreement between the City of Rochester and the County of Olmsted
providing for the use of a limited amount of space in the vault adj-
acent to Room 1 in City Hall for storage of County documentst Ayes
(5), Nays (0). Motion carried.
Powers moved, Larson second to adopt Resolution No. 124-76 approving.
a resolution ofi.-the Public Utility Board requesting authorization
to enter into purchase agreement with International Business Machines
for furnishing the IBM System 7 in the amount of $18,477.00 and the
Mayor and City Clerk are allthbrized to sign said documents on behalf
of the City. Ayes (5), Nays (0). Motion carried.
Powers moved, Larson second to adopt Resolution No. 125-76 approving
a resolution of the Public Utilfty Board requesting authorization to
execute the release and indemnifying agreement between the City,
EnErco International Inc. and Fidelity and Deposit Company of Marylan
relative to the contract for Electrostatic Precipitator and the Mayor
and City Clerk are authorized to sign said agreement on behalf of
the City. Ayes (5), Nays (0) . Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
444
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 43 - March 15, 1976
Agenda
Item
G-1
McNary moved, Allen second to remove the tabled item of the
Proposed Assessments - Propject No. 7106-J8409 Watermain Extension
along the east side of T.H. 52 from41st Street�N...W. to'Pennington'
Business Park from the table. Ayes (5), Nays (0). Motion carried.
McNary moved, Powers second to deny the request of Mr. David Penningti
for further Council review and levy the ass.essments as proposed.
Resolution No. 126-76 accepting the assessments was adopted. Ayes (5)
Nays (0). Motion carried.
Having no further business, Larson moved, Powers second to adjourn
the meeting. Ayes (5), Nays (0 .,Motion carried*
2
City Clerk
Information - March 15, 1976
1. Minutes of 'the Standing Committee - 2726-76
2. Miriftes-of the Standing Committee - 3-1-76
3. Letter from Downtown Development District Adv'-Is'ory.Board
4. Letter from Corrine Hovel RE: Sidewalk on 6th Street S. E.
(referred to Public Services Department for follow-up )
5. Letter from George Brumm RE: amendment of Parking regulation on
50.0 Block of 2nd Avenue N. W. ( Ref. to Public Services Departmen-
-for _Re,'_ivJ,!bw and -'Recommendation)
6. Lett�� from Herbert Fitch RE: Request for Restricted Parking on
9th Street N. W. ( Referred to Public Services Department for
Review and Recommendation. )
7. Letter from Pax Christi'Church RE: Request to Delay sidewalk
construction ( R(Fferred to Public Services for Review and
Recommendation.)
8. Referred to Planning and Zoning:
a. Request to rezone property at 1702 5.th Street S. W. from R-3
to R-4 ( E. Danewick )
b. Request to Annex 8.78 acres in Cascade Township to the City.
(1.0.1.).
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