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HomeMy WebLinkAbout06-07-1976RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 488 CITY OF ROCHESTER, MINNESOTA Regular. Adjourned Meeting No. 8, June 7, 1976 A-1 C-1 C-2 C-3 D-1 E-1 E-2 E-4 E-5 The meeting was called to order at 2:00 P.M. by President Postier, the following members being present: President Postier, Aldermen Allen, Gray, Kamper, Larson, Powers and Strain. Absent: None. Kamper moved, Strain second to approve the minutes of the May 17, and May 24, 1976 meetings. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to approve the appointment of Francis D. Burton of 125 36th Avenue N. W. to the position of Captain in the Rochester Police Department effective June 7, 1976. Ayes (7), Nays (0 Motion Carried. Allen moved, Gray second to approve the Mayor's appointment to the Library Board of Mrs. E.D.Bayrd 1116 loth Street S. W. and Ralph Ellingwood of 3928 Third Street N. W. Terms will expire July, 1979. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to approve the Mayor's appointment to the Downtown Development District Advisory Board. These two people are in addition to the seven members now on the Board. Marjorie M. Larison of 4010 Third St. W. W., and Richard F. Kersten of 709 llth Street S. W. Ayes (7), Nays (0). Motion carried. Strain moved, Kamper second to adopt the prepared Resolution No. 217 referring the petition for improvements. in Sunset Terrace 6th Additior to the Public Services Department for a feasibility report. Ayes (7) Nays (0). Motion carried. Larson moved, Powers second to amend the Ordinance of the City of Rochester regarding regulation for beer kegs in City Parks to ban kegs in excess of 2 gallons ( single containers ) in City Parks, and instruct the City Attorney to present this amended Ordinance to the City Council at a future date for adoption. Ayes (6), Nays (1). Alderman Allen voted Nay. Motion carried. Kamper moved, Allen second to approve the request of the Architectura' Committee authorizing the appropriation of $750.00 from the Downtown Development District Funds. The study is to determine and -record the historical and architectural signifigance of buildings in the develop- ment district. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to approve payment in the amount of $2,52 .10 to Sullivan Construction Company which represents the outstanding unp id balance. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to authorize payment for the following wor completed: Floyd Larson General Contract Final Payment at the Roch. Municipal Airport Terminal Building Construction $1,290.36 and Miller Dunwiddie Architects $83.29-Ayes (7), Nays (0). Motion carried. k � E-6 (Powers moved Gray second to approve the authorization to execute RECORD OF OFFICIAL PROCEEDINGS OF THE . COMMON COUNCIL 469 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 - June 7, 1976 Agenda Item E-6 documents amending License No. FA67CE-4023 to lease additional land to the FAA for the purpose in installing, operating and maintaining a localizer, glide slope, middle marker and medium intensity approach light system with runway alignment indicator lights to serve Runway 13, Rochester Municipal Airport. Ayes (7), Nays (0). Motion carried. E-7 Kamper moved, Strain second to approve the prepared Resolution No. 218-76 authorizing the execution of the amended EPA Step I Treat- ment Works Grant agreement and send this thru the EPA and MPCA. Ayes (7), Nays (0). Motion carried. E-8 Powers moved, Gray second to approve the request of the Rochester .Post Bulletin to stage its annual fireworks display At Silver Lake on Sunday night, July 4 or 5th if the weather does not permit ,the display on the 4th. Ayes (7), Nays (0). Motion carried. E-9 Powers -moved, Gray second to approve the following licenses and bonds: Auctioneer's License from Lowell Gilbertson , Hayfield, Mn and bond in the amount of $500.00; Harold E. Stafford, Mantorville, Mn. and bond in the amount of $500.00. Cigarette Licenses from Gerald Birch for the Olmsted County Fair Beer Garden; Sam's Cheese Mart 1131 3rd Ave. S. E.; and Roxy Bar at 315 1st Avenue N. W. Application for Master Installer from Stanley R. Crandall 9252 N. 36- Dr. Phoenix Arizona and Jemme E. Wickersham at 2704 26th Ave. S. E. and Heating Contractor License from Jemme Wickersham 2704 26th Avenue S. E. Ayes (7),Nays (0). Motion carried. E-10 Allen moved, Gray second to adopt the prepared Resolutions No. 219-7E and 220-76 awarding the furnishing replacement parts for the primary tanks at the Water Reclamation Plant to Envirex Corporation, Edina, Minnesota at $16,879.38 and a year's -supply of liquid ChlorinE to Jones Chemicals, Box 111 Hudson, Wisconsin at $9.61 cwt. Ayes (7),Nays (0). Motion carried. E-11 Strain moved, Kamper second to adopt the prepared Resolution No. 221- 76 authorizing the City Clerk to advertise for bids for furnishing one portable air compressor for the Street Maintenance Division of the Public Services Department. Bids will be received until ll:OC A. M. June 30, 1976. Ayes (7), Nays (0). Motion carried. E-13 Kamper moved, Strain second to approve the prepared Resolution No. 222-76 revising Section 11(b) "Jury Duty" of the City Personnel Policy: Ayes (7), Nays (0). Motion carried. ,E-14 Powers moved, Larson second to refer the Zoning Ordinance on Raising of Pigeons to the Committee of the Whole. The people who have problems will be contacted and they may come before this committee with their problems. Ayes (7), Nays (0). Motion carried. E-15 Allen moved, Strain second.to endorse the proposed amendments to the 490 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 Regular Adjourned Meeting No. 8 - June 7, 1976 County of Olmsted Zoning Ordinance Planning Advisory Commission. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt the prepared Resolution No. 223-76 approving the Metes and Bounds Conveyance of Unplatted Land at Highway 63 North ( Sehl and Gill ) Ayes (7),Nays (0). Motion Carried. Larson moved, Allen second to deny the motion granting the variances to the Subdivision Ordinance pertaining to the Proposed Metes and Bounds conveyance of a part of Lot 21, Allendale Subdivision. Ayes (7),Nays (0).Motion carried. Strain moved, Larson second to adopt the prepared Resolution No. 224-76 adding Paragraph (3.5) of Section I Parking Meters, Zone A 12 minute Parking to read as follows: (3.5) East Center Street, on the north side, 45 feet more or less immediately east of the alley in the 100 block. ( 2 stalls ). Ayes (7), Nays (0). Motion carried. Kamper moved, Gray second to adopt the prepared Resolution No. 225-76 covering the following: Delete Paragraph (2.6) of Section J Passenger and Commodity Loading Zones 2. Add Paragraph (3.6) of Section 1, Parking Meters , Zone A, 12 Minute Parking to read as follows: (3.6) West Center Street on the south side, 45 feet more or less immediately west of the vacated alley between the Kahler Hotel and the Kahler Parking Ramp. ( 2 stalls ). Ayes (7),Nays (0). Motion carried. Strain moved, Larson second to adopt the prepared Resolution No. 226- 76 prohibiting parking on North Broadway and 7th Street for thru traffic transitions to and from left turn lanes. Parking should be prohibited on the east side of North Broadway, south of 7th Street N. E. for a right turn lane. Parking on the west side of North Broadway is prohibited for a right turn lane, southbound to west- bound. Ayes (7), Nays (0). Motion carried. Kamper moved, Strain second to adopt the prepared Resolution No. 227-76 awarding the contract to.the low bidder of Rochester Sand and Gravel Company of Rochester for Street Improvements on 4th Avenue and 5th Street N. W. Project 6304-4-76 J 8544. Ayes (7), Nays (0). Motion carried. The contract is for $366,272.95. Gray moved, Kamper second to adopt the prepared Resolution No. 228-76 ordering a hearing on the Project 6315-3-76 J 8558 Curb and Gutter on the east side of 15th Avenue S. W. from 6th St. S. W. to 7th St. S.W. to be held July 8, 1976 and to accept the feasibility report. Ayes (7),Nays (0). Motion carried. Powers moved, Kamper second to adopt the prepared Resolution No. 229- 76 authorizing the City Clerk to advertise for bids on -Mobile Home L- RECORD OF OFFICIAL PROCEEDINGS OF THE' COMMON COUNCIL �: � 1 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8-'June 7, 1976 Agenda Item E-23 at Landfill to provide facilities for fee collection and restrooms for Landfill personnel. Bids to be opened at 11:00 A.M. June 30, 1976. Ayes (7),Nays (0).Motion carried. E-24 Larson moved, Powers second to adopt the prepared Resolution No. 230- 76 authorizing the City Clerk to advertise for bids on Project No. 6209-2-76 J4959 Improvement`of the West side of the 3rd Avenue and 9th Street S. E. intersection. Bids will be opened at 11:00 A.M. on June 30, 1976. Ayes (7), Nays (0).Motion carried. E-25 Allen moved, Gray second to adopt the prepared Resolution No. 231- 76 authorize the City Clerk to advertise for bids to be opened.at 11:00 A.M. on June 30, 1976 on Project No. 6314-3-76 J 8545 Grading and Surfacing, Curb and Gutter and Sidewalk on 14th Avenue S. W. from the East Frontage Road T.H. 52 North to 9th Street S. W.; and Sidewalk on the east side of 14th Avenue S. W. from 9th Street S. W. to 8th St. S. W. Ayes (7), Nays (0). Motion carried. E-26 Powers moved, Allen second to adopt the Planned Use Report indicating that the 7th entitlement payment of $352,,801.would be used for Environmental Protection. Ayes* (7), Nays (0). Motion carried. E-27 Kamper moved, Larson second to refer the Project 6216-3=74 J 8486 Watermain _Constructi.on' in 16th Street S. W. from County Road # 125 to T.H. # 52 Plus Sanitary Sewer Extension to serve Lot 1, Block 4, Apache Mall Shopping Center Subd..to the Committee of the Whole for further discussion. Ayes (7), Nays (0). Motion carried. E-28 Powers moved, Gray-second.to approve the low bids of Sidewalk Project No. 1-1976 J 8551 to Don Prow of Rochester, Minnesota in the amount of $15,304.37; Sidewalk Project No. 2-1976 J 8552 to Don Prow of Rochester in the amount of $30,803.37; Sidewalk Project No. 3-1976 J 8553 to Don Prow in the amount of $16,129.58 and Sidewalk Project Nof. 43--197766 to C & B Enterprises of Eyota, Minnesota in the amount S33$76;9234676 an�e35(7�6 Nays (0). Motion carried. Resolutions 232-7E F-1 An Ordinance relating to the Zoning'Res-tauran_ts_and_.the sale of alcoholic beverages amending Rochester Code of Ordinances, Section 65.600 (.Table 3 ) as enacted by Ordinance No. 1659, and adding a new section 65.6025 was given its second reading. Strain moved, Power! second to adopt the ordinance as read. Ayes (7), Nays (0). Motion Carried. F-1 An Ordinance relating to Zoning and Flood regulations; designating the flood.fringe and floodway districts in the City of Rochester; amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota, was given its second reading. Kamper moved, Strain second to adopt the ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to the licensing tags for dogs and cats; amendi 492 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY, OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 - June 7,1976 Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 Rochester Code of Ordinances; Section 170.050 ( eliminating the bell on the cat tag ) was given its second reading. Allen moved, Gray second to adopt the Ordinance. Ayes (7), Nays (0). Motion carried. An Ordinance relating to Personnel in the Rochester Police Department providing for the appointment of a bicycle Patrol; amending Rochester Code of Ordinances by adding a new section 24.040. This is the first reading. Kamper moved, Powers second to.suspend the rules. Ayes (7) Nays (0). Motion carried. Upon Roll call vote, Alderman Allen voted Nay, and because this vote has to be unanimous, the Ordinance was not given its second reading. An Ordinance Rezoning Certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesot rezoning property to the R-2 Low Density District ( Allendale Subd.) was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted Land not exceeding 200 acres in area in Section 24,Township 107 North, Range 14 West, Olmsted County, Minnesota ( Par Ex Homes, Inc.) was given its first reading. Powers moved, Gray second to adopt the prepared Resolution No.236-76 Adopting a resolution of the Public Utility Board authorizing the general manager to contract for independent professional consulting services in an amount of not to exceed $2,000.00 per project and not to exceed $20,000. per annum. Ayes (7);-Nays (0).. Motion carried. Larson.moved, Kamper second to reconsider Upon Roll call vote, Aldermen Allen,Gray, Powers and Strain voted Nay., Aldermen Kamper, Larson and President Postier voted aye. Nays won, and the original motion was in effect. Powers moved, Larson second to adopt Resolution No. 237-76 approving a resolution of the Public Utility Board requesting authorization to purchase the property therein 'described,belonging to.Amelia M. Kiecker for.the sum of $25,000.00 Ayes (7), Nays (0). Motion carried Kamper moved, Powers second to adopt Resolution No. 238-76 approving a Resolution of the Public Utility Board authorizing the employ tr0 Miner as electrical engineer at a salary of $24,000. per year. Ayes (7), Nays (0). Motion carried. Larson moved, Gray second to adopt Resolution No. 239-76 approving Plans and specifications for basic street improvements in.Repl-at No. 2 of Sunrise Estates Second Subdivision and an engineering agreement with Yaggy Associates, Inc. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 240-76 amending the parking resolution by incorporating therein all the bus routes John I RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 493 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8 - June 7, 1976 Agenda Item F-1 and bus stops as well as the express route. Ayes (7), Nays (0). Motion carried. H-1 President Postier recommended that the residency requirement be brought before the Committee of the Whole. Alderman Allen stated that he would like to see the matter of additi personnel in the Dog Pound -brought up to the Committee of the Whole. Having no further business, Allen moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Gray, Kamper, Larson, Powers and Strain. Absent: None. B-1 A Hearing on the Sidewalk Replacement Project No. l- 1976 J 8555 - 16th Avenue N. W. - S. W. to 7th Avenue N. W. - S. W. 2nd St. S. W. tc 2nd St. N. W. Wishing to be heard was Nathaniel Weber of 1426 1st St. N. W. and wondered what would happen to the trees..They keep growing and the sidewalk keeps popping up. Mr. DeVries, Sidewalk Supt. said that they chop the roots,put in the sidewalk and that is all they do. Wishing to be heard was Mrs. Henrietta Hewitt of 928 West 'Center Street and asked if all the sidewalks that were marked would be torn up. Mr. DeVries said they would. Ralph Aird of 1422 1st St. N. W. wished to be heard and wanted to know the method of payment. Karl Beilke of 726 2nd St. N. W. questioned the method of payment and Mrs. Nellie Brogan of 24 llth Avenue N. W. stated that some of her sidwalk did not -need to be replaced. Mr. DeVries will go and look at it for her. Having.no one else.present that wished to be heard, President Postier closed the hearing. Gray moved, Strain second to adopt the prepared Resolution No. 241-76 ordering the project to be made and ordering bids to be opened at 11:00 A. M. June 18, 1976. yes (7), Nays (0). Motion carried. B-2 A Hearing on the Proposed Assessments for Street Improvements on 4th venue N. W. from llth Street to 14th Street N. W. No One Was present that wished to be heard, President Postier. closed the hearing. Powers oved, Kamper second to adopt the prepared Resolution No. 242-76 accepting the assessments. Ayes (7), Nays (0). Motion carried. B-3 R Hearing on the. Proposed Assessments for Repaving 3rd Avenue S. W. from 2nd Street S. W. to 5th Street S. W. Wishing to be heard was erald Gilcrest and Morris Marx of the Benay Israel Church 306 4th t. N. W. and stated that they did not think the assessment was fair he heavy equipment that moved across the street added to the deteriori nd they were being assessed to much. They wished to have this tabled ntil the next meeting. No one else present wished to be heard, Power! oved, Allen second to adopt the prepared Resolution No. 243-76 accep- ing the assessments. Ayes (7), Nays (0). Motion carried. ial iti on 494 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -CITY OF ROCHESTER, MINNESOTA Agenda Item B-4 E-3 E-12 G-1 A Hearing on the Petition to Change the Zoning District on the Lot 5, Block 18, Golden Hills Addition from R-1 ( Single Family ) District to M-1 ( Light Industrial ). District. No one in the audiance wished to be heard, President Postier closed the hearing. Kamper moved, Gray second to proceed with the -zone change and instruct the City Attorney to prepare an Ordinance making the change. Ayes (5), Nays(2) Aldermen Allen and Strain voting nay. Motion carried. A Hearing on the Request to Amend Design Technology located at 1500 in the audiance that wished to be the hearing. Strain moved, Powers to prepare a resolution approving Motion Carried. the Planned Unit Development of Highway 52 North. Having'no one heard, President Postier closed second to instruct the City Attorne this amendment.' Ayes (7), Nays (0). A Hearing on the Replat No. 2 of Sunrise Estates, Second Subdivision. Having no one present that wished to -be heard, President Postier closed the hearing: Allen moved, Larson second to adopt the prepared Resolution No. 244-76 approving the plat. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed amendments to the Zoning Code. Having no one present that wished to be heard, President Postier closed the heal ing. Kamper moved, Powers second to proceed with these amendments and instruct the City Attorney to prepare an Ordinance making these changes. Ayes- (6), Nays (1). Motion carried. Alderman Allen.voted. nay. Kamper moved, Powers second to instruct the City Attorney to prepare a resolution authorizing the Housing and Redevelopment Authority to participate in Section 8 Existing Housing Program. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to approve the semi-monthly bills (.list attached ) in the amount of $367,522.74. Ayes (7), Nays (0). Motion carried. Kamper moved, and Powers second to remove the Application for Approva of the Final Plat of Replat of Lot 2, Block 3, "19 Norwest" from the table. Ayes (7), Nays (0). Motion carried. Wishing to be heard was Dr. Jim Olson representative of the Charles Section. presented Joan Cavanaugh of 1912 26th Avenue N. W. and read a letter dated May 17, 1976 written to William Casper of 1st Wisconsin National Bank of Milwaukee and stated the problems they were having. Mr. William Casper responded with a phone call to them and spent: personal time visiting with the association trying to work out the difficultie Mr. Casper was also present at this meeting. Dr. Rick Collins of 194 .26th Avenue N. W. wanted the replatting process expl.ained to them. . Mr. Gerald Swanson, City Attorney read the platting procedure to him. Mr. Harold Watkins of 1924 26th Avenue N. W. stated that if this was divided then the maintenance costs would be doubled. Mr. James f RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 8,.June 7, 1976 Agenda ' Item G-1 Duholm, Attorney for lst Wisconsin National Bank of Milwaukee was 4 present and answered'. Mr. Collins and explained why this replatting is necessary. Mr. Gerald Swanson stated that when the City of Roches - approves a plan, it has a commitment to see that this plan is develop• ed and that the legal obligation is to protect that plan. Having no one else that wished to be heard. Powers moved, Kamper second to deny this request to replat ..,Ayes_ (7); .Nays (0):. Motion Carried. Larson' moved, Gray second to •.instr.uct'the Planning and Zoning Depart- ment not to issue a Metes and Bounds Permit on this land. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of`the City of Rochester, to M-1 Light Industrial District - Lot 5, Block.18, Golden Hill Addition ( Imperial Refineries of Minnesota ) was given its first reading. F-1 An Ordinance Rezoning certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesot, to B-3 General Business District ( Bagne's Property - International Motel ) was given its second reading. Mr. Bagne and his wife have joined,.,'in signing a public street dedication for the additional right-of-way we need for 19th Street N. W. and they also stated that they would sign whatever documents are necessary when the property is in their own name to make this dedication effective. This should be effective by November, 1976. Strain moved, Gray second to adopt the Ordinance as read. Ay $ (7), Nays (0) Motion clrried.The promise to dedicate this is in ad�ition to he dedication a ready signed. F-1 Allen moved, Gray second to adopt the Resolution No. 245-76 approving Plans and specifications prepared by the Public Services Department for basic construction in the Rolling Greens Second Replat and authorizing a owner contract between the City and Kruse Company and Rochester Sand and Gravel Company Incorporated for improvements to be completed by August 1, 1977 at a Mond cost of $42,000.00. Ayes (7) Nays (0). Motion carried. H-1 Terry Chase of Reno Nevada, a member of the group Up With People invited the Council to join the Up With People concert held June 11, 1976 at 8:00 P.M. at the Mayo Civic Auditorium. Having no further business, Powers moved, Gray second to adjourn the meeting. It was stated the First meeting in July would be a legal holiday for the City, and that being the case, the first meeting in July is July 8, 1976 at 2:00 P.M. Ayes (7), Nays (0). Motion Carried. i ty Clerk 495 496 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item Information - Meetinq of June 7, 1976 1. Minutes from. -the` -Committee of the Whole Meeting May 1.0, 1976 2. Mi*nutes.,from the Committee of the Whole Meetimg May 17, 1976 3. Minutes'from the Committee of the Whole Meeting May 24, 1976 4. Minutes from the Committee of the Whole Meeting May 26,. 1976 5. Letter from State of Minnesota, Department of Highways RE: Confirmation of the Highway -Department assuming control of off - premises outdoor advertising devices, visible from the trunk highwi within Rochester's corporate limits. 6. Letter from State of Minnesota, Department of Highways RE: Deferrir indefinitely the release of certain segments of roads along Trunk Highway 52. 7. Letter from M.J. Halloran, Security Supervisor, Kahler Hotel RE: two stall loading zone on the north side of the Kahler Hotel on West Center Street. ( Referred to Public Services Department ) 8. Notice of Claim for Injury from Mrs. Charles Lowe ( Referred to Insurance officer and City Attorney ). 9. Letter from Mrs. Wayne Marx RE: Student Parking problem in residential area located near John Marshall High School ( Referred to Public Services Department ). L_