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HomeMy WebLinkAbout08-02-1976RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - August 2, 1976 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M. the following members- being present: President Postier, Aldermen Allen, Gray, Kamper, Larson, Powers and Strain. Absent: None. Kamper moved, Larson second to approve the minutes,of the July 19, an July 26, 1976 meeting. Ayes (7), Nays(0). Motion carried.. C-1 Powers moved, Allen second to approve the Mayor's appointment to the Housing and Redevelopment Authority of Joe Swalek of 2340 15th Avenue N. W. Mr. Swalek's term.will expire July 1981. Ayes (7), Nays (0). Motion carried. C-2 Allen moved, Larson second to approve the appointment .of President., Postier of Loren A. Woodhouse of 1508 loth Avenue N. E. to the positio of member of Firemen's Civil Service Commission. Term to expire April 1, 1979. Mr. Woodhouse will complete the term of Robert Domaille who moved from the City of Rochester. Ayes (7), Nays (0). Motion carried. D-1 Mr. Robert Dunlap appeared on behalf of Minnesota Federal and this association requested to buy a piece of property owned by the City of Rochester, South of the Recreation Center So. of Highway 63. He had in his possession a check for $200,000. in good faith toward purchase price of this property. This matter was referred to the City Administrator and the Purchasing Agent to study the situation and present this to the Committee of the Whole. D-2 Leon Murray of Ann Murray's Sauna and Massage Parlor wished to be hear and wanted the Council to take action toward the transfer of this parl to Young Ju Domaker. The Council did not take any action pending a court case. E-1 Alderman Paul Allen requested that the issue of the Region X Develop- ment Commission be brought before the Council. After discussion by the Council, Allen -moved, Powers second to withdraw the City's parti- cipation in Region X and send a statement to the State of Minnesota to the governor urging him to dissolve the entire Region X. After roll call vote, Aldermen Allen, Gray, Powers and President Postier voted Aye. Ayes (4), Aldermen Kamper, Larson and Strain voted nay. Nays (3). Motion carried. E-2 Gray moved, Kamper second to refer the Council initiated land use plan change to the Planning Commission for Folwell Fourth Subdivision for a hearing on the matter. Ayes (7), Nays (0). Motion carried. E-3 Larson moved, Kamper second to approve the transfer of $2,000. from the contingency account to cover some general expenditures of the Olms County Bicentennial. Commission. Ayes (7), Nays (0). Motion carried. E-5 Powers moved, Strain second to reaffirm the Council's decision to continue the proposed Wastewater treatment facility at the existing site. Ayes (5), Nays (2). Aldermen Kamper and Larson voting nay. Motion carried. ., ►r M4 Fr- 520 Agenda Item E-6 E-7 r E-9 E-10 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Rgular ArlliinurnPrl MaPtinq No 16 - August 2, 1976 Allen moved, Powers second to adopt the prepared Resolution No. 308-76 authorizing the Mayor and City Clerk to execute a contract with McGhie and Betts, Consulting Engineers for services on Airport Development Ai Program ADAP overlay on Runway 20 at the Rochester Municipal Airport. Ayes (7), Nays (0). Motion carried. A report was requested from the City Administrator on funding of these projects. Allen moved, Kamper second to approve the licenses and bonds as follows: Cigarette Licenses from James W. Hill for one day music festival at Olmsted County Fairgrounds; North Star Bar- 503 N. Broadwi the Lantern Lounge 6 & 8 S. Broadway and Rotab Corporation 1031 7th Street N. W. Application for temporary beer license from George . Kallimanis for Greek Festival on August 22, 1976 at Silver Lake Park and Michael Lathrop for Happy Warrior Green Softball Team held at Mc- Quillan Field on August 7 & 8. Ayes (7), Nays (0). Motion carried. Larson moved, Gray second to approve the semi-monthly bills in the amount of $266,479.88 ( list attached). Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to accept the Review of the Proposed Amend- ment to the County of Olmsted Zoning Ordinance of all changes to County land use regulations which is required as a part of the Willow Creek Sanitary Sewer District Contract and transmit this to the Olmst County Planning Advisory Commission. Ayes-(7), Nays (0). Motion carri Kamper moved, Strain second to adopt the prepared Resolutions No. 309- ,76 and 310-76 declaring the costs to be assessed and ordering preparation of the assessment rolls and ordering a hearing on the proposed assess- ments to be heard September 7, 1976,on Project 7404-J 8494 Tree Planting in Downtown Area of Rochester. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning the property at 1700-1880 North Broadway (Pendl Hansen, Bagne Properties, Inc..from M-1 to B-lb Neighborhood Business District Outlot 25, Northern Addition, was given its second reading. Strain moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. . An Ordinance amending the Zoning Code making various administrative changes recommended by the Planning and. Zoning Commission and approved by the Council at its meeting on June 7 was given its first reading. Allen moved; Kamper second to adopt Resolution No. 311-76 citing the beneficial services performed by the Rochester Police Reserve and acknowledging that reserve officers are to be considered "employees" for purposes of worker's compensation the same as other City employees receiving the usual going wage for similar services. Ayes (7), Nays (0). Motion carried. I F-1 Larson moved, Gray second to adopt Resolution No. 312-76 amending the I RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - August 2, 1976 Agenda Item F-1 Resolution to prohibit parking on 9 112 Street S. E.-between 1st Avent and 3rd Avenue at all times ,0 n the north side and from 7 a.m. to 5 p. m. on the south side. Ayes (7), Nays (0). Motion carried. F-1 "Kamper moved, Larson second to adopt Resolution No. 313-76 vacating that portion of 12th, 13th and 14th Avenues N. W. and the'_walkway platted and dedicated or granted in Blocks 7,8,9, and 10 Sunrise Estates Second Subdivision. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 314-76 approving tl force account agreement between the City'and ROCOG for transportation planning services at a total cost of $27,084. of which the City will receive 80 percent reimbursement not to exceed $21,667. Ayes (7) , Nays (0).° Motion Carried. F-1 Allen moved, Powers second to adopt Resolution No. 315-76 approving a Resolution of the Public Utility Board requesting approval of the Schedule of Compliance in NPDES Permit No. MN0001139 and Study Progran As required by MPCA as condition for acquiring a discharge permit. Ayes (7), Nays.(0). Motion carried. F-1 Larson moved, Strain second to adopt.Resolution No. 316-76 approving a resolution of the Public Utility Board to purchase 60-175 Walk Merct Luminaires from the Burmeister Electric Company at a cost of $1,914.0( -Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Gray second to adopt Resolution No. 317-76 Ordering Richard Scott Fritz to secure the entry and the building at the property located at 919 17th Avenue S. W. or have it removed within 2.0 days.. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Annexing to the City of Rochester Minnesota certain un- platted land not exceeding 200 acres in area in Section 24, Township 107 Range 14 West ( Par Ex'Homes, Inc. ) approximately 30 acres was adopted:: -upon motion by Allen second by Gray. It -is noted that the assessment applicable toward this property will be discussed at another time. Ayes (7), Nays (0). Motion carried. G-1 Kamper moved, Powers second to remove the Bids for Landfill Office from the table. Ayes (7), Nays (0). Motion carried. Kamper moved, Strain.second to readvertise for bids with different specifications provided.provided. Bids to be opened August 13, 1976 at 10:00 A.M. Ayes (7), Nays (0). Motion carried. Resolution No. 318-76 G-2 The item of Project Assignment and Reporting System was left tabled for further discussions. G-3 Kamper.moved, Powers -second to remove the Preliminary Plans for Re- construction of North Broadway Bridge from the table. Ayes (7), Nays (0.). Motion carried. Kamper moved, Strain second to procede and approve Resolution No. `319-76 approving this plan, but not to include an 8-foot sidewalk on the east side for the purpose of a bike path. Ayes (7), Nays (0). Motion carried. e S22 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item G-4 H-1 A-1 B-2 B-3 Regular Adjourned Meeting No. 16 - August 2, 1976 Powers moved, Gray second to remove the Request for Industrial Revenue Bonds Financing ( International Transport ) from the table. Ayes (7), Nays (0). Motion carried. After discussion by the Council and an explanation: from a representative from International Transport as to the reasons why they needed support from the City, Powers moved, Kamper second to approve the issuance of these bonds.by adopting Resolution No. 319A-76. Ayes (7), Nays (0) . Motion carried Strain moved, Powers second to accept the resignation of Personnel Director Michael Sayan. Mr. Sayan was hired by the Public Utility Department as Director of Administative Services. Ayes (7), Nays (0). Motion carried. This is effective August 15, 1976. Having no further business, the meeting is adjourned until 7:30 P.M. upon motion by Allen second by Powers. 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, Gray, Kamper, Larson,Powers and Strain. Absent: None. A Hearing on the Proposed Assessments for Watermain Construction in 16th Street S. W. from County Road 125 to Trunk Highway 52 Plus Sanitary Sewer Extension to serve Lot 1, Block 4, Apache Mall Shopp- ing Center Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Gray second to adopt Resolution No. 320-76 accepting these assessments on Project 6216-3-74 J 8486. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed assessments on Project 6202-3-72 J 8413 Street Improvements on 2nd Street S. W. from llth Avenue to 16th Ave. S. W. Having no one present that wished to be heard, President Posti closed the hearing. Kamper moved, Larson second to adopt the prepare Resolution No. 321-76 accepting the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Project No. 6216-3-76 J 8549 Sidewalk on both sides of 16th Street S. W. from South Broadway to Mayowood Road. Wishing t be heard was James Ryan of 2315 Marion Road S. E.'for Phil Ryan the contractor who had the low bid. Mr. Roger Plumb, City Public Works Director stated that the low bid of Ryan was not acceptable because i did not show the unit prices. It is a policy of the City to show thes unit prices. Mr. Robert Craven of 510 16th Street S. W. wished to be heard stated that he did not live in the City limits and opposed the sidewalk on his side of the street. Mr. Gordon Moore of 1605 6th Avenue S. W. does not want the sidewalk and requested that the stone wall not be destroyed, plus this project does not solve the traffic problem which does exist. Mr. Plumb stated that the speed is being studied by the State, and since this is a State Aid road, the speed i zone will be moved back to the other side of the bridge Also Libby's r� Agenda Item B-3 B-4 B-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No 16 - August 21 1976 are encouraging their trucks to use a different route which will help the truck traffic. Mrs. Gordon Moore of 1605 6th Avenue S. W. stated that the Historical Society -has stated that the Toogood barns and the limestone wall are of historical value and should be saved, Money may be available through the State of Minnesota for preservation of these. Mrs. Roger White of 502 16th Street S. W. stated that the money involved per lot is a large sum, and suggested a wait and see type deal on the North Side. Was in favor of putting the sidewalk on the South side. Mr. Gene Lushinsky.of 1558 5th Avenue S. W. was wondering about rotating his garage. Mr. Plumb questioned him if he would have enough room to do this and the distance from the garage to the sidewalk would be very close. Mr. Lushinsky stated that is why he would hate to see the sidewalk.put in. Having no one else present that wished to be heard, President Postier closed the hearing. Roger Plumb proceeded to explain what property had been included in the various areas of the sidewalk project and who had given easements for this. It was noted that the people from that area wanted safety for pedestrians and bicyclers in that area in the first place. Powers moved, Allen second to adopt the prepared Resolution No. 322-76 to proceed with this project. The awarding of the bids for this projec was tabled until August 19, 1976. Ayes (7), Nays (0). Motion carried. A Hearing 'on the Application for approval of the Planned Unit Develop. ment ( Amended Final Plan) For Summit Square. Having no one present that wished to be heard; President Postier closed the hearing. Strain moved, Gray second to adopt the prepared Resolution No. 323-76 approving this plan subject to the application and approval, of a subdivision plat and replat for the PUD. Ayes (7), Nays (0). Motion carried. A Hearing on the Application for approval of a Planned Unit Developmen ( Concept Plan ) for Lot 1, Peterson's Replat located at the S.W. Corner of 5th Avenue N. E. and 20th Street N. E. Wishing to be heard was Jim Suk representing David Shulman of 2026 Telemark Court N. W. who is the applicant. Mr Suk 'stated that this was brought before the Planning and Zoning Commission on July 14, 1976. He stated that the Planning Department has approved this, but the Planning and Zoning Commission recommended that this be disapproved. He stated that the reason for this being disapproved was for improper topography as there is a limited level area along 20th Street N.E. before the land drops drastically to the south and west thus feeling that this is only suitable for a one family dwelling. Answering to this question was Mr. Douglas Betts of McGhie and Betts, Inc. and he stated that topography was not a problem drainage can be handled properly and the lots are of ample size to construct this PUD. Wishing to be heard was Mr. David Shulman and he stated that it would not be feasible to put one house on this large lot. Mr. Shulman presented,plans of the PUD that was going to be constructed. He stated the design fits into the Kellogg Hills Sub. area. He also stated.th.at.this area was split into three lots and was then made into one, now he wants this split back into three. Wishing to be heard was Walter Croll of 2001 5th Avenue N. E. and stated that the neighborhood does not want this PUD in this area. He stated a petition had been circulated and 100% of the 514 B-5 B-6 E-4 E-11 E-12 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - August 2, 1976 of the -homeowners in Kellogg Hills Sub. were against this ( This petition was presented to the Planning and Zoning Commission. They are still opposed to this project. Mr. Milton Rosenbl.ad representing Mr. Sait Tarhan of 502 20th St. N. E. was present'and wished to be heard, he stated Mr. Tarhan was an immediate neighbor, and was oppose to this project':: Also speaking in.opposition to this project was Mr. Mr. Robert Whittaker of 2007 5th Avenue N. E. and Mr. William Michael ,of 506 20th Street N. E., Mr. Kenneth Hendrickson of 2010 5th Avenue'I E., Mr. Lawrence DeSanto of 514 20th St. N. E. Mr. Jim McDonough of Rochester, Minnesota who is a Registered Engineer stated that it woull be economically feasible to put three houses on this land noting the tax base would be greater and the value of the property would be utilized. It was noted that a letter from Dr. Snelly was also re- ceived opposing this project. Having no one else wishi:ng to be heard President Postier closed the hearing. Larson moved, Powers second to support the recommendation of the Planning and Zoning Commission and deny the PUD. Ayes (6), Nays (0). Alderman Allen abstained. Motion carried. A Hearing on the Application for approval of a Planned Unit Developmei ( Concept Plan ) for Roadstar Inn to be located at the S.E. Corner of U.S. 63 South and 21st St. S. E. Wishing to be heard was Wayne Welch of 1.31 21st St. S. E. was concerned about the number of units going in and the exit onto 21st St. Alderman Larson explained this to him and the assessment procedure was explained to him in case of upgrading of 21st St. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Gray second to approve the PUD subject to the following: 1. Make the drive on Broadway an entrance only and that it be 30 feet South from the corner of 21st St. S. E. 2. The Watermain and sewerline be moved and the easement vacated at the expense of the owner. 3. The sign be moved out of the corner visibility zone. Ayes (7), Nays (0). Motion carried. Larson moved, Kamper second to adopt the prepared Resolution No. 324- 76 referring the said request for Watermain Extension along T.H. 52 to the eastern edge of the Minnesota National Guard property to the Public Services Department for preparation of a feasibility report. Ayes (7), Nays (0). Motion carried. Allen moved, Kamper second to refer the Proposed Zoning Program for th Proposed Downtown Development District to the Planning and Zoning Commission, Downtown Development District and the City Council for further discussion instructing the City Administrator to set up a meeting in the near future. Mr. Richard Ehrick of the Downtown Devel- opment District was present and urged the Council to take this zoning matter seriously and consider all aspects. Ayes (7), Nays (0).Motion carried. Powers moved, Gray second to adopt the prepared Resolution No. 325-76 LJ Agenda Item E-12 E-13 I RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No,. 16- August 2, 1976 authorizing execution of the -agreement between the -Chicago and North- western.Transportation Company and the City of Rochester for work by the Transportation to,improve the track crossing on 4th Avenue N. W. near 5th Street N. W. Ayes (7), Nuys (0),,Motion carried. Strain moved, Allen second to accept the recommendation by the Personnel Advisory Committee to reclassify.,the Transportation Planner position at.a salary of $14,500.00 Ayes (7); Nays (0). Motion carried. Having no further business, I the -meeting was adjourned upon motion by Powers and second by Allen. Ayes (7), Nays (0). Motion carried. Carole A. Grimm, City Clerk Information - August 2, 1976 1..Minutes of the Standing. Committee July 26, 1976 2-.. Minutes of the Standing Committee July 12, 1976- 3. Letter from Paul Johnson, Chief, Section of Water Supply for Minnesota Department of Health re: Notification of George V.icker passing examination for Water Supply System Operator, Class C 4. Letter from Cinda L. Smith re: Auto accident and claim against City ( referred to Insurance Officer and City Attorney ) 5. Letter from Timothy D.Donovan, Controller for Holiday Inn Downtown, re: Notification of sale of property at 220 So. Bdwy. 6. Notice of Claim for Infury filed by Mrs. Charles Lowe. Referred to City Attorney and Insurance Officer. 5�5