HomeMy WebLinkAbout07-08-1976504 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - July8, 1976
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President Postier.called the meeting to order at 7:30 P.M., the
following members being present:.Presiden t Postier, Aldermen Allen,
Gray, Kamper, Larson and Strain. Absent: Alderman Powers.
Allen moved, Gray second to approve the minutes of June 7, June 21,
June 28, and July 6, 1976 meeting. Ayes (6), Nays (0). Motion carried.
A Hearing on the Curb and Gutter on East Side of 15th Avenue S. W.,
from 6th to 7th Street S. W. No one was present that wished to be
heard. Dr. James Mason lives on the corner and he objected to this
per phone call to President Postier. He thought this should be put of
both sides and do a complete project. Alderman Larson thinks this
should be on both sides also. Gray moved, Strain second to refer this
back to the Committee of the Whole for further discussion. Ayes (6),
Nays (0). Motion carried.
A Hearing on the Application for approval of a Planned Unit Develop-
ment ( Concept Plan ) for KROC Radio at 120 4th Street S. W. Bob
Suk, Attorney for KROC was present and stated the needs for this
PUD. Also present was Joe Weichselbaum 1930 So. Broadway-Archichetct
was present for questions of the Council and showed drawings of the
proposed building. Mr. Gerald Swanson, City Attorney stated that
there was a great deal of difference between the allowed 32,000 sq.
feet allowed for a PUD and the 9,313 sq. feet that was proposed under
this.PUD. Mr. Malcom Mellin of the Mayo Clinic was present and wishec
to be heard and was concerned that such, a small parcel would be con-
sidered under PUD. He hopes that this will not set a precident.
Having no one else present that wished to be heard, President Postier
closed the hearing. Allen moved, Kamper second to proceed with the
project. Ayes (4) Nays(2).Aldermen Strain and Gray voted nay. Motion
carried.
A Hearing on the Application for approval of the Final Plat of Elton
Hills East 12th Subdivision. Stanley Guth of Builders Land Co.
was present and would answer any further questions of the Council.
Having no one else present that wished to be heard, President Postier
closed the hearing. Larson moved, Strain second to adopt the prepares
Resolution No. 270-76 approving this plat. Ayes (6), Nays (0). Motion
Carried.
A Hearing on the Petition to Change the Zoning from B-lb ( Neighbor-
hood Commercial ) to B-3 ( General Commercial ) on the property locat(
at 18th Avenue and 22nd Street N. W. Mr. John Stophro 2324 18th
Avenue N. W. wished to be heard and was opposed to this because of
traffic, and noted that 100 signatures in opposition were brought
before the Planning and Zoning Commission also stated that two pet-
itions were brought before the Council meeting containing 26 signatur(
opposing this project. Mr. Tom Griff.n of 2301 17th Avenue N. W.
wished to be heard and also was in opposition to this project. Glen
Meidel of 2414 19th Avenue N. W. was in opposition, stated that he.
did not want to chance this because of what might go in after the car
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 505
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 --July 8. 1976
Agenda
Item
B-4 in opposition to this change before the Planning and Zoning 'Commissi
"met to consider this. Ayes (6), Nays (0). Motion carried -to deny
the zone change and it was left B-lb.
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JA Hearing on the Petition to'change the Zoning from B-lb ( Neighborhol
Commercial ) District and-M-1 (Light Industrial) District to B-3
(General Commercial) District on Outlot 25, Northern Addition (1700-
1880 North Broadway. Wishing to be heard was Mr. Richard Ehrick,
Attorney representing Pendle Hansen Bagne Co. petitioner and owner
of this. He was in support of this change and had representatives
of various establishments present with him -in favor of this zone
change. Mr. John Cachiaras of 1737 3rd Avenue N. E. stated that the
neighbors had a good reason.for approving a 25 foot set -back when
these businesses were issued a conditional -permit. -He also stated
traffic going on 3rd Avenue would be a problem, smell from restaurant
cooking has become a hazard, and hopes Hardee's will be more careful.
If they do not have to have a set -back they would park right up to
the neighbors lot line, and this is not good. Wishing to be heard
was Eugene Reynolds of 1743 3rd Avenue N. E. is also opposed to this
stated a fence that was promised to be put up never has been, a piece
of property is rough and unable to be mowed etc. Gerald Willis of
1749 3rd Avenue N. E. was opposed to this project. Paul Carlson of
1748 3rd Avenue N. E. was concerned about the drag racing that might
occur on 3rd Avenue.. Mr. Ehri ck stated that exit on,19th is an alter-
native and would not necessarily bother the people on 3rd Avenue.
Hardee's was putting up the fence and John Reed of Hardee's stated thi
the land would be graded smooth shortly.Having no one else present
that wished to be heard, President Postier closed the hearing. Kamper
moved, Strain second to accept the recommendation of the Planning and
Zoning Commission that the zoning districting be changed from the M-1
district to the B-lb district on the area zoned industrial and that
the 9-3 request be denied. Ayes (6), Nays (0).- Motion carried.
C-1
Strain moved, Kamper second to approve the Mayor's appointment,of
Richard W. Towey of 819 Sierra Lane N. E. to the Rochester Library
Board. Mr. Towey replaces Mr. Harry H. Evans.who resigned. The term
will expire July, 1977. Ayes (6), Nays (0). Motion Carried.
C-2
Larson moved, Gray second to approve the Mayor's appointment of Joan
T. Sass of 317 6th Avenue S. W. to the Rochester Housing and Redevel-
opment Authority: Ms. Sass replaces Connie Steward who resigned.Her
term will expire April, 1981. Ayes (6), Nays (0). Motion carried.
C-3
Allen moved, Strain second to approve Paul W. Olander of 1073 Plummer
Lane to the Rochester Library Board. Mr.Olander replaces Mr. Thomas
Wolf. Term will expire July 1979. Ayes (6),Nays (0). Motion carried.
C-4
Strain moved, Gray second to approve the Mayor's appointment of Jack
F. LeClair of 1409 North Broadway to the position of detective
in the Rochester Police Department. This is effective July 8, 1976.
Ayes (6), Nays (0). Motion carried.
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5016 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 -.July 8, 1976
Agenda
Item
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Strain moved, Gray second to adopt the prepared Resolution No. 271-
76 referring the request for Sewer and Water Extension ( Willow Creek
Associates ) to the Public Services Department for a feasibility
report. Ayes (6), Nays (0). Motion carried.
Larson moved, Allen Second to refer the new sidewalk construction on
7th Avenue S. W. from loth Street to llth Street S. W. to the Committ
of the Whole for further information. Ayes (6), Nays (0). Motion
carried.
Allen moved, Strain second to approve the Mayor and City Clerk to
execute an agreement with the State of Minnesota for bituminous
overlays of the main parallel taxiways, the T Hanger taxiways, genera
aviation parking ramp at the terminal building and S. E. runup stand.
The cost of this project is $38,000 2/3 paid by the State and.1/3 fro
the City. and to authorize the Advertisement of bids: to accomplish th
project. Ayes (6), Nays (0). Motion carried.
Larson moved, Gray second to approve the final payments and execution
of related documents for work completed on the Fire and Crash Buildin!
to Mass Plumbing and Heating - $3,664.50; and Nietz Electric -
$1,743.00. Ayes (6), Nays (0). Motion carried.
Kampe r moved, Larson second to approve the issuance of the following
licenses and bonds: Heating Contractor's License from Robert R.
Laughlin 8324 Johnson Circle Mpls, Mn. and the bond in the amount of
$5,000.00 was submitted. Heating Contractor's License from. Robert R.
Laughlin 8324 Johnson Circle Mpls. Mn and a bond in the amount of
$5,000. Ayes (6), Nays (0). Motion carried.
Mary Alice Richardson Attorney with Brown and Bins was present and
spoke on behalf of James W. Hill who applied for a temporary beer
license at the Olmsted County Fairgrounds racetrack for August 21 ,
1976. Questions were raised by the Council as to noise hazard and
litter and police protection. Mr. Hill stated that he had policemen
contacted and would take care of the litter. Kamper moved, Strain
second to approve this on condition that the Police Department is
contacted and have the proper amount of police.protection. Ayes (6)
Nays (0). Motion carried.
Strain moved, Gray second to approve the following licenses and bonds
House Movers License from Johnson Brothers House Movers, Inc. Marine
of the St. Croix and a bond of $7,500.00. Auctioneer's License from
A.L.Sp.lettstozer of Route # 4 Tomahawk, Wis. and a bond in the amount
of $500.00; Temporary beer license for the Olmsted County Fair
Beer Garden August 2 thru August 9. and from Brian K. Bjerke for the
Lobster House Softball Team. Ayes (6), Nays (0). Motion carried.
Larson moved, Strain second to approve the semi-monthly bills
(list attached) in the amount of $184,403.21. Ayes (6), Nays (0).
Motion carried.
RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 507
CITY OF ROCHESTER, MINNESOTA
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Gray moved, Strain second to approve the City review of the proposed
amendments to the Subdivision Ordinance of Olmsted County. Ayes (6)
Nays (0). Motion carried.
Strain moved, Allen second to approve the Application for approval of
an amended Planned Unit Development ( Preliminary Plan') for Summit
Square located at the 900 block North of 40th Street N. W. Ayes (6)
Nays (0). Motion carried.
Allen moved, Kamper second to adopt the prepared Resolution No.
272-76 adding paragraph 4.5 of Section G One -Way Streets and Alleys
to read: Third Street S.W. from South Broadway to First Avenue, one-
way for Westbound traffic. Ayes (6), Nays (0).. Motion carried..
Kamper moved, .Strain second to adopt the prepared Resolution No. 272A
76 awarding the contract to Doyle Connor Company, Inc. on Project
6314-3-76 J 8545 Grading and Surfacing, curb and gutter and sidewalk cn
14th Avenue S. W. from East Frontage Road T.H. 52 to 8th Street S. W.
for the bid price of $68,095.70. Ayes (6), Nays (0). Motion carried.
Strain moved, Gray second to adopt the prepared Resolutions No. 273-
76 and 274-76 ordering preparation of the assessment roll and orderini
a hearing to be held at 7:30 P.M. August 2, 1976 on Project 6202-3-72
J 8413 Street Improvements on 2nd Street S. W. from 11th Avenue to
16th Avenue S. W. Ayes (6), Nays (0). Motion carried.
Larson moved, Gray second to approve the new location of the Fire
Department Administration headquarters to City Hall. Ayes (6),
Nays (0). Motion carried.
.Larson moved, Allen second to accept the low bid of Doyle Connor Co.
for Project No. 6209-2-76 J 4959 Improvements of the West side of the
3rd Avenue and 9th Street S. E. Intersection. Upon Roll Call vote,
Aldermen Allen, and Larson voted Aye. Ayes . (2) . Aldermen Gray, Kamper;
Strain and President Postier voted nay. Nays (4). Motion denied.
Strain moved, Kamper second to readvertise for bids at a later date.
Ayes (4). Nays (2). Aldermen Allen and Larson voting Nay. Motion
Carried.
Strain moved,.Larson second to adopt the prepared Resolutions No.
275-76, 276-76 and 277-76 ordering J 8549 Sidewalk on both sides of
16th Street S. W. from South Broadway to Mayowood Road for a feasibil
report; accepting this feasibility report and ordering a hearing to
be held on August 2, 1976 and authorize the City Clerk to advertise
for bids to be received on. July 28, 1976. Ayes (6), Nays (0). Motion
carried.
Allen moved, Gray second to adopt the prepared. Resolution No. 278-76
awarding the bid of one portable air compressor for the Street and
Alley Division to Road Machinery and Supplies Company in the amount
of $4,435.00. Ayes (6), Nays (0). Motion carried.
-RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - July 8, 1976
Agenda
Item
E-15 Strain moved, Gray second to.instruct the City Attorney to'work with
the County Attorney in drafting -the South Zumbro Watershed Plan.
Ayes (6), Nays (0). Motion carried.
E-16 Strain moved, Allen second to -instruct the -City -Attorney. to prepare
a resolution -approving -'prohibiting parking from 7 a.m. to 5 p.m.
Monday through Friday on the South Side of 9 112 Street S. E.
Ayes (6), Nays (0). Motion carried.
E-17 Kamper moved, Gray second to adopt the prepared Resolution No. 279-
76 authorizing the.Mayor and City Clerk to sign the Nonencroachment
Agreement between the City of Rochester and the State Highway Commi ss
ioner. Ayes (6), Nays (0). Motion Carried.
E-18 Larson moved, Allen second to adopt the prepared Resolution No. 280-
76.approving the following: 1. Termination of Route lA - West Center,
2. Addition of Route 8 - Northgate 3. Modification of.the existing
Northwest Express Route and 4. Addition of an earlier bus to the
Northwest Express. Ayes (6), Nays (0). Motion carried.
E-19 Kamper moved, Larson second to refer the transfer of the Sauna and
Massage License from Leon R. Murray dba Ann Murray's Sauna and Massag
to Young Ju Donaker dba Ann Murray's Sauna and Massage to the Committ
of the Whole for further discussion. Ayes (6), Nays (0). Motion
Carried.
F-1 A Resolution No. 236-76 authorizing the general manager of the Public
Utility Plant to contract for independent professional consulting ser
vices not to exceed $2,000 per project and not to exceed $20,000. per
annum was vetoed by Mayor Alex Smekta. The Council did not make a
motion to bring this back for a vote, thus the resolution is not
in effect.
F-1 An Ordinance relating to Personnel in the Rochester Police Departmen
providing for -the appointment of the bicycle patrol was given its
second reading. Strain moved, Kamper second to adopt the Ordinance
as read. Ayes (6), Nays (0). Motion carried.
F-1 An Ordinance Rezoning Part of Lot 4 Allendale to the R-2 Low Density
District was given its second reading. Kamper moved, Strain second to
adopt the Ordinance as read. Ayes (6), Nays (0)..Motion carried.
F-1 An Ordinance Annexing to the City of Rochester approximately 30 acres
in Section 24-107=14 (Par Ex Homes) The owner at this time wished to
have the amount of assessments deferred or have some plan of repaymen
for this. Allen moved, Gray second to refer this to the Committee
of the whole for further consideration. Ayes (6), Nays (0). Motion
carried. This was given its second reading at this time.
F-1 An Ordinance rezoning Lot 5, Block 18, Golden Hill Addition to the
M-1 Light Industrial ( Imperial Refineries Inc.) was given its second
reading.
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RECORD OFF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 509
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 - July 8, 1976
Agenda
Item
F-1 Strain moved, -Kamper.second. to-=adopt�Resol-ution No. 281--76 approving
p:l.ans Strain.
prepared by Yaggy Associates :for basic
construction in Katie Lane, Mary Lane, and Carol Lane in Replat No.
2 of Sunrise Estates Second Subd. and authorize the Mayor and City
Clerk to sign said agreements. Ayes (6), Nays (0). Motion carried.
F-1 Larson moved, Allen second to adopt the prepared Resolution No. 282
76 between the City and the State of Minnesota Department of.Highways
for furnishing of electric energy for highway lighting. This is a
resolution of the Public Utility Board. Ayes (6), Nays (0). Motion
carried.
17=1 An Ordinance relating to Rabies vaccination of Dogs, Cats; and other
animals and the licensing of dogs and cats; amending Rochester Code
of Ordinances, Section.170.150 stating that cats..have to have a rabie!
vaccination every year, was given its first reading. Allen moved,
Larson second to given this a second reading by suspending the rules
Upon roll call vote, Aldermen Allen, Gray, Kamper, Larson, Strain and
President Postier all voted aye., Ayes (6), Nays (0). Motion carried
and the ordinance was given its second reading. Allen moved, Gray
second to adopt the ordinance as. read. Ayes (6), Nays (0). Motion
carried.
F-1 An Ordinance prohibiting the possession of Non -intoxicating Malt
Liquor in containers of two gallons or larger in parks; imposing
penalties for violations; amending Rochester Code of Ordinances
by adding Section 55.220 had its,.second reading June 7, 1976. Strain
moved, Larson: to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried.
F-1 An Ordinance rezoning Outlot 25 Northern Addition to B-lb Neighborhoo
Business District was given its first reading.
G-1 Allen moved, Gray second to remove the Project Assignment and reporti g
system from the table. Ayes (6) Nays (0).. Motion carried. Mr. Geral
Swanson, City Attorney had questions pertaining to this system, and
asked that this be tabled for further research. Kamper moved, Gray
second to table this until the first meeting in August, and to discus
this at the Committee of the Whole on July 26, 1976. Ayes (6), Nays
(0). Motion carried.
G-2 Allen moved, Strain second to remove the Downtown Developmefit Advisor]
Board Request for Support of subsidized Housing in the Development
District from the table. Ayes (6), Nays (0). Motion carried Allen
moved, Gray second to take no further action on this. Ayes (6) Nays
(0).Motion carried.
G-3 Kamper moved, Gray second to remove this Metes and Bounds Conveyance
of Unplatted Land at 16th Street S. W. .from the table. Ayes (6),
Nays (0). Motion carried. Mr. Walter Baldus of Austin, Minn. was
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 12 -.July 8, 1976
present and showed the model of what the building would look like
that would go into this property. Letters in opposition were receive(
Larson moved,.Strain second to deny this conveyance. Ayes (6),Nays
(0). Motion carried.
Allen moved, Kamper second to remove the Project 6216-3-74 J 8486
Watermain construction in 16th.Street S. W. from County Raod # 125
to T.H. # 52 plus Sanitary Sewer Extension to serve Lot 1, Block 4
Apache Mall Shopping Center Sub. from the table. Discussion on how
to levy the assessments against the property was held by the Council
Strain moved, Gray second to accept the prepared Resolutions No. .
283-76 and-284-76 declaring the costs to be assessed and ordering a
public hearing to be held August 2, 1976 and defer these assessments
to these two parcels for five years or until developed whichever come!
first. Ayes (6), Nays (0). Motion carried.
Strain moved, Allen second to adjourn the meeting ntil 4:45 on July
12, 1976. Ayes (6), Nays (0). Motion carried.
Carole A. Grimm, City Clerk
Information - July 8, 1976
1. Minutes of the Standing Committee - June 14, 1976
2. Minutes of the Standing Committee - June 21, 1976
3. Notice of Claim for Injury from Shaun and Cole Jay Crawford
referred to the Insurance office and City Attorney )
4. Letter from Marc Petersen, People's Natural Gas Division Manager
notification of a rate increase.
5. Letter from George F. Waters, President of Poor Richards Book Sto
RE: Letter of Reply from Curt Taylor..
6. Letter from Beverly Finnesgard RE: Kegge rs in Quarry Park
7. Petition from residents in the area of West Center Street to
Second Street N. W. to request prohibiting parking on the west
sides of 12th Avenue N. W., 13th Avenue N. W.
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