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HomeMy WebLinkAbout09-09-1976RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 22 - September 9,-1976 A-1 President--Postier called the meeting to order at 7:30 P.M., the followi-ng members being present: President Postier, Aldermen Gray, Kamper Larson Po ers and Strain. Absent: Alderman Allen- Allen arrived at 7% P.M�. B-1 A Hearing on the Proposed Assessments for Tree Planting in Downtown Area of Rochester. Wishing to be heard was.Mrs. Milton Golob of 15 2nd Street S. E. and did not want the tree put in the space that was designated. She said this was a poor location. President Postier instructed Curtis Taylor of the Park and Recreation Department to check the site. Also wishing to be heard was Mrs. Curtis Lair of 14 3rd Street S. W. and was opposed to the high price of the project. Mr. Curtis Lair of 14 3rd Street S. W. wanted to know who ordered this project to be done. Roger Plumb, Public Services Director stated that 75% of the owners of the frontage involved wanted this project, Mr. Alan Rich of Massey's circulated this petition, and the Council ordered this project to be completed. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Powers second to adopt the prepared Resolution accepting the assessments. Alderman Strain requested that Mr. Curt Taylor of the Park Department check into the problem of Mrs. Golob to see if the replanting of the tree that was damaged is advisable. Ayes (6), Nays(0). Motion carried. ( Resolution No. 349-76). B-2 A Hearing on the Application for a Planned Unit Development ( Final Plan) for KROC Located at the S.E. Corner of 4th Street and:2nd AvenuE S. W. ( Preliminary Plan waived ). Wishing to be heard was Bob Suk, Attorney for KROC and was available for questions that may be asked of the Council. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to instruct the City Attorney to prepare an ordinance and resolution approving the final plan identified as PUD 76-5 ( PUD B-25). Ayes (5), Nays (2). Aldermen Strain and Gray voting nay. Alderman Strain stated that he is against this project because it does not conform with the land use. Alderman Gray remains in agreement.with Alderman Strain because the PUD has restrictions and this should be considered and should be kept. Motion carried. B-3 A Hearing on the Application for an Amended Planned Unit Development for the Meadows Located in the 500 Block South of 16th Street S. E. and Petition to change the Aoning Districting From R-3 (PUD) District to R-1 ( Single Family-) District on the property located in the 500 block South of 16th Street S. E. Harold Paine was present for questions. Having no one else present that wished to be heard, Preside Postier closed the hearing, Powers moved, Strain.second to proceed with the project and instruct the City Attorney to prepare the resolution approving the amended plan. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Application for approval of the Planned Unit Devel- opment ( Final Plan ) of the Golden Greek located at 1829 Highway 52 North. Having no one present that wished to be heard, President Postie t 539 540 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-4 B-5 :. C-1 D-1 D-2 E-1 Adjourned Meeting No. 22 - September 9, 1976 closed the hearing Allen moved, Kamper second to instruct the City Attorney to prepare an ordinance and resolution approving this final plan. Ayes (7), Nays (0). Motion carried. A Hearing on the Application for approval of the Final Plat of the Resubdivision of Part -.of Lot 5, Block 2, DeWitt's Subdivision. Mr. Art Friedrich of 2009 15th Street S E. was concerned about the traffic that would be created. Mr. Lawrence Schiltz of 1244 4th Avenue S. E. also wished to be heard, and stated that he would build one family dwellings and traffic should be minimum. Having no one else present that wished to be heard, President',Postier closed the hearing —Powers moved, ,Strain second to table this item__until the meeting.on'September 20, :1976:t�Aldermen wanted to.-.l'ook-at this and possibly consider a buffer. Ayes'(5),.Nays (2): Alderman Allen and President Postier voting Nay. Motion carried. A Hearing on the ;Application for approval of the Final Plat of Elton Hills North First Subdivision. Stanley Guth ,of Builders Land Company was present for any questions. Having no one else present that wishes to•be heard, President Postier closed the hearing. Kamper moved, Strain second to adopt the prepared Resolution No. 350-76 approving this plat. Ayes (7), Nays (0). Motion carried. Larson moved, Gray second to approve the Mayor's appointment to the Housing Board of Appeals of Dr. John C. Brodhun of 843 Sierra Lane N. E. Dr. Brodhun's term will expire April 1, 1978. He will fill the unexpired term of Larry McCaleb. Ayes (7), Nays (0). Motion carried. Representatives of the Jefferson Company wished to be heard. Frank Michaels, Attorney from Rochester introduced the members of the Jefferson, Company, and Michael Zelle, representing the President of the Company and Ron Stolpman in charge of'designs and presentations was present and showed the council the design for the Rochester Development. He explained the different phases of development, and did state that the Council's support in helping them get a liquor license would be appreciated. Strain moved, Larson second to adopt the prepared Resolution No. 351- 76 referring the following petition for a high level water tower west of Country Club Manor to the Public Services Department for a feasibility report. Ayes (7), Nays(0). Motion carried. Strain moved, Gray second to approve the following licenses and bonds Cigarette License from Look Nook 1219 2nd St. S. W.; Auctioneer License from Donald R. Vine of Iowa and a bond in the amount of $500. was submitted. Dance permit from the Rochester Police Department for the Policeman's Ball held September 24, 1976; Auctioneer's Licenses as follows: Ernest Roebe r, Route # 1 Oronoco, Minn. Charles Brown 313 S. Glenstone Springfield, Missouri; Robert J. Olson, Oronoco, Minnesota bonds for $500.00 were submitted. An Auction License from. El Carpet Plaza of 1908 S. Broadway and a bond in the amount of $1,000. Ayes (7) , Nays (0) . Motion carried. E-2 E-3 E-4 E-5 E-6 E-7 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned No_22 - September 9, 1976 Powers moved, Kamper second to approve the prepared Resolution No. 352-76.awarding the bid of $3,720 of Ace Sign Company for furnishing a triangular.Sign for the Airport Entrance. Bidders were: Triad Sign $7,596.00; Ace Advertising Company $3,720.; and Vogel Outdoor Sign $7,963.00. Ayes (7), Nays(0). Motion carried. Kamper moved, Gray second to adopt the prepared Resolution No. 353- 76 authorizing the City Clerk.to advertise for the lease/purchase of a total organic oxygen analyzer for the Wastewater Treatment Plant. Bids to be received until 11:00 A.M. September 27, 1976. Ayes (7),Nays(0). Motion carried. Powers moved, Strain second to approve the semi-monthly bills (list attached ) in the amount of $458,906.91. Ayes (7), Nays(0). Motion carried. Larson moved, Powers second to deny the application for approval of the Silver Lake Shopping Center Planned Unit Development ( Preliminar, .Plan ) Speaking on behalf of.C.C.Pagenhart, Trust, Mr. Charles Pagenhart, Trustee 2409 Northern Hills Court was Mr. Ron Seeger, Attorney, Rochester, Minnesota Mr. Seeger stated that Olmsted Federal Savings and Loan went ahead with building after receiving a variance for several things with the intent that a PUD be filed. In this PUD which went before the Planning and Zoning Commission things were added that should be eliminated, and they claimed that they did not know what Was involved in.a PUD in the first place; and they would li this requirement of a PUD to be. denied, and the variance that they received be effective. After discussion by the Council, the vote was taken. Ayes (6), Nays,.(1). Alderman Allen voting nay. Motion carried. Gray moved, Larson second to .approve the application for approval of the preliminary plat of I.O.I. Industrial Park Subdivision subject to the ertti r-e tract .owned by Franklin Heating Station be included in the plat. Ayes (7), Nays(0). Motion carried. Gray moved, Allen second to adopt the prepared Resolution No. 354-76 restricting parking on 6th Street S. W. to read as follows: amending Rochester Code of Ordinances Section 147.700 to read (133) Si xth,Street*-Southwest on . the south side of the street from Fourteen Avenue to the east service drive adjacent to Trunk Highway 52 at all times. Ayes (7,;), Nays (0). Motion carried. Gray moved, Larson second to adopt the prepared Resolution No. 355-76 authorizing the City Clerk to advertise for bids for construction worl at the Sanitary Landfill to fill the drainage area between cell # 1 and the present use area of cell # 3.including a final fill with blac' dirt on the completed cell. Bids to be opened at 11:00 A.M. on Sept. 29,.1976. Ayes (7), Nays (0). Motion carried. :e 541 542 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 Adjourned Meeting No. 22 - September 9, 1976 Powers moved, Kamper second to adopt the prepared Resolutions No. 356-76 and 357-76 authorizing the City Clerk to advertise for bids for Water Supply System for the Personnel Building at the Rochester Sanitary Landfill and a Sewage Disposal System for the Personnel Building at the Rochester Sanitary Landfill. Bids to be opened at 11:00 A.M. on September 29, 1976. Ayes (7), Nays(0). Motion carried. Powers moved, Kamper second toajopt the prepared Resolutions No. 358-76 and 359-76 receiving the preliminary plans and ordering a public hearing on Project No. 7002-0-76 J 8550 on Watermain Extension to serve the Armed Forces Reserve Center in SW 1/4 Sec. 7, T 106 N R 13W. and to order bids to be opened on September 29, 1976 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to adopt the prepared Resolution No. 360-76 accepting the proposal by McGhie and Betts, Inc. to provide Engineering Services for Basic Improvements in Elton Hills North First Subdivision including adjacent Drainage Channel and Culvert Structures on 9th Avenue N. W. Ayes (7), Nays (0).Motion carried. No action was taken on the Decision of the Zoning Board of Appeals to permit the construction of a new building to be located at 520 lst Avenue N. W. that will be situated in the area reserved for a future street by Official Street Map # 3. Powers moved, Kamper second to proceed with the proposed solicitation of Developer Proposals for Rochester's Downtown Development District. Ayes (7), Nays (0). Motion carried. Strain moved, Larson second to recommend to the State of Minnesota that the cont.ract for the construction of the 14th Street N. W. brid be awarded...to H.S. Dresser and Sons, Inc. who submitted the low bid of $223,130.76. Ayes (7.), Nays (0). Motion carried. Powers moved; Gray second to adopt the prepared Resolution No. 361-76 accepting the low bid of $27,475. of Sullivan Construction Company for Joint Sealing Filler, Bituminous Material for Seal Coat, Aggregate Asphalt, ( Seal Coat for the Rochester Municipal Airport ) Ayes (7), Nays (0 ). Motion carried. The Mayor and City Clerk are authorized to execute Minnesota State form 202 and all other documents pertinent to the project. Allen moved, Kamper second to adopt the prepared Resolution No. 362- 76 awarding the contract of Project No. 6216-3-76 J 8549 for Sidewalk on Both Sides of 16th Street S. W. from Broadway to Mayowood Road to Phil Ryan Cement Company for the low bid of $17,858.29. Ayes (7), Nays (0). Motion carried. Strain moved, Larson second to execute the certificates of Final Acceptance for the bonding company ( Home Indemnity Company ) by the Mayor and City Clerk on the Airport Fire and Crash Building. RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL 543 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 _- September 9, 1976 Agenda Item E-17 Buidling and final estimates to electrical and plumbing and heating contractors have beenapproved and paid as previously authorized. The Architect's contract payable to Weichselbaum HSR in the amt. of $369.82 will be witheld pending audit and final inspection. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance relating to the Zoning Code regulations governing the us of property and zoning administration amending Rochester Code of Ordinances Sections 60.429; 60.506; 61.401;.61.403; 63.508; Table 3 of 65.500; 66.201; 66.202; 66.203; 66.204; 68.302; adding Sections 60.507; 62.108; 65.657; and 65.658 and repeating Section 66.305. was given its second reading. Strain moved, Gray second to adopt the Ordinance as read. 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, Minnesot to PUD-13-26 KROC was given its first reading. F-1 Allen moved, Powers second to approve Resolution No. 363-76 approving the final plan for PUD-6-26 Commercial and is approved in accordance with Ordinance No. 1659 as amended - KROC - Ayes (5), Nays (2). Aldermen Strain ;and Gray voting Nay. Motion carried. F-1 Strain moved, Larson second to approve Resolution No. 364-76 that the warranty deed between the City of Rochester and Northern Natural Gas Company operating as Peoples Natural Gas Division for the conveyallce of a part of Block 77, Original Plat at a price of $5,000.00 is hereby approved and the Mayor and City Clerk are authorized and Directed to. execute said warrant -deed on behalf of the City. 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, Minnesot ,.R-1 One Family District The Meadows - was given its first reading F-1 Kamper moved, Strain second to adopt the prepared Resolution No. 365- 76 accepting the revised final plan of the community development project known as The Meadows is hereby approved and the amended final plan to govern the development . Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Kamper second to approve the Resolution No. 366-76 accepting the dedication of various easements for public sidewalk along 16th Street S. W. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance rezoning the property known as Golden Greek to PUD-B- 25 -Commercial- was given its first reading. Kamper moved, Gray second to suspend the rules and upon roll call vote, Aldermen Allen, Gray, Kamper, Larson, Powers and Strain, and President Postier voted Ayes -Ayes (7),.r4ays (0). to given this a second reading. Allen moved Gray second to adopt the Ordinance as read the second time. Ayes (7), Nays(0). Motion carried. F-1 F-1 F-1 F-1 G-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 - September 9,.1976 Kamper moved, Allen second to adopt Resolution No. 367-76 approving the PUD Plan for the Golden Greek which has the condition that the drainage be revised to have all the service drainage going out subjeci to approval of the Public Services Department. Ayes (7), Nays (0). Motion carried. Strain moved, Kampe r second to refer the Resolution on Project. assignment and reporting system to the Committee of the Whole for further discussion. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to approve Resolution No. 368-76 approving a resolution of the Public Utility Board requesting authorization to enter into a contract with Ten Ech, Inc. to provide personnel to obtain samples from Silver Lake and prepare thermal discharge reports as required. by the Minnesota Pollution Control Agency not to exceed $14,760.00. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt the prepared Resolution No. 369- 76 submitting to the voters for the election on November 2, 1976 the question of " Shall the City Council be allowed to issue 'on - sale' licenses for the sale of intoxicating liquor at retail in exces! of the number now permitted by Ayes (6), Nays (1). Alde rman Allen voting -nay. Motion carried. The tabled item of Preliminary Plat of Campustown Subdivision was remained tabled until the meeting of September 20, 1976. Having no further business, Powers moved, Strain second to adjourn the meeting. Ayes (7), Nays(0). Motion carried. i City Clerk Information - September 9, 1976 1. Mintues from Committee of the Whole meeting August 16, 1976 2. Minutes from the Committee of the Whole meeting August 23, 1976 3. Mintues from Committee of the Whole meeting August 30, 1976 4. Letter from Wallace Bigelow, Executive Director Ability Building Inc. RE: Appreciation for listening to their request for revenue sharing funds. 5. Referred to Planning Commission: a. Application for approval of a preliminary Plat - Elton Hills North First Subdivision Builders Land Company b. Application for approval of a Preliminary Plat - Meadow Park .Fourteenth Subdivision; H.E. Payne. c. Application for Approval of General Development Plan; Part of 80 1/2 NE 1/4 Sec. 22, T 107N R 14W Olmsted County, East of 15th Avenue N. W. and Belair Additions.