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HomeMy WebLinkAbout09-20-1976RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2 3- September 20, 1976 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, AldermenAllen, Gray, Kamper, Larson, Powers and Strain. Absent: None. B-1 A Hearing on the Planning Commission Initiated amendment to the land use Plan for the Areas around the Wastewater Reclamation Plant and Elton Hills North. Wishing to be heard was Erwin Walth of 2215 17th Avenue N. W. and wanted to know what and where he stood with his land. Mr. Jim Suk Attorney in Rochester spoke on behalf of Mr. David Hartman who owns land in the area. They wanted to know how this would affect the property that he owns.Mr. Thomas Moore of the Planning and Zoning Department stated that the land use does not change the zoning and nothing has been done to change the zoning. Mr. Roger Plumb, of Public Services Department stated that consultant, recommended a 1/4 mile buffer zone from the proposed new Water; Reclamation Plant, and he recommended that this be done. Having no one else present that wished to be heard, President Postier closed thi hearing. Kamper moved, Gray second to refer this back to the Consolidated Planning and Zoning Department and Commission for,more input and include the 1/4 mile buffer zone and should also include the recommendation of the Commission as to what they consider the buffer zone.could be used for i.e. agricultural, commercial, etc. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Council initiated Land use plan change for the Area West of U.S. 52 East of Walden Lane S. W. and North of Skyline Drive S. W. to Medium Density Residential From Low Density Residentia Wishing to be heard was Ronald Schott of 1712 Walden Lane S. W. and is against this change. Water is tight in this area, and they would have trouble getting water. Frank Michaels, Attorney, Northwestern National Bank Building , Rochester wished to be heard, he lives on Lot 44, Skyline Drive and is not in favor of this change. Having no one else present that wished to be heard, President Postier closed the hearing, Gray moved, Allen second to deny the change in the land use. After discussion of the Council, and upon roll call vote, with Aldermen Allen, Gray, Kamper , Strain and President Postier voting aye -Ayes (5). Aldermen Larson, and Powers voting nay. Nays (2). Motion carried to deny the change. B-3 A Hearing on the Petition to change the Zoning From R-3 ( Medium Density ) District to B-3 ( General Commercial ) District on the property located at 603 4th Street S. E. ( A & W Root beer stand ). Wishing to be heard was Ken Stoltenbert of 410 6th Avenue S. E. and would like to see this zone change take place, is in favor of small businesses. Mr. Jim Suk, Attorney Rochester, Minnesota spoke on behalf of the owner Ruth Tauer of 317 6th Avenue S. W.' and stated that this is necessary, they have no room for improvements and if this should burn down, or be.destroyed, this would give them the opportunity to rebuild.Wishing to be heard was Lillia Krahn of 619 4th Street S. E. and in not in favor of this change. Having no 545 I 546 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-3 B-4 B-5 C-1 E-1 E-2 E-3 one else present that wished to be heard,.President Postier closed the hearing. Powers moved,Allen second to approve.change. Upon rol;l call vote, Aldermen Allen and 'Pow.ers- voted .aye. Ayes (2), and voting nay was Aldermen Gray, Kamper, Larson, Strain and President Postier. Ayes (5), The'Zone change was denied. A Hearing on the Petition to change the zoning from R-1 ( Single Family ) District to R-3 ( Medium Density ) District on the property located in the Rocky Creek Development Area. Wishing to be heard was Mark Reed representing Par Ex Homes Inc. and needed this for continuing development according to their plans. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Gray second to prodeed with the zone change, and instruct the City Attorney to prepare an ordinance making the change. Ayes (7 ), Nays (0), Motion carried. A Hearing on the Proposed amendments to the Zoning Code pertaining to the definition of Fowl and Animal. Wishing to be heard was Dave Alexander member of the Pigeon Club of Rochester and stated that the recommendation of the Planning and Zoning Commission was good, but a few changes should be made. He stated that the fee was a little high, and that the 25 foot setback from the nearest resident should be inserted and not just 25 foot setback from the nearest lot line. Having no one else present that wished to be heard, President Postier closed the hearing. After discussion by the Council, Powers moved, Larson second to instruct the City Attorney to prepare an Ordinance for approval using $5.00 fee and 25' setback from the nearest residence and having a limit of 50 pigeons with confinement except for exercise. Ayes (7 ), Nays (0). Motion carried. Gray moved, Powers second to approve the Mayor's appointment to the Library.Board of Mrs. William ( Carolyn ) Adamson of 421 9th Avenue S. W. Mrs. Adamson will replace Mrs. Ferd Anderholm. Her term will expire July, 1979. Ayes (7 ), Nays (0).,Motion carried. Strain moved, Powers second to approve the request for a Parade Permi. of the Minnesota Synod of the Lutheran Church in America from Decembei 27, 1976 thru December 30, 1976. The parade will be conducted on Thursday Morning December 30, 1976 at 9:30 A.M. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to approve the request for a Parade Permit for Mayo High School for a Homecoming Parade held on October 1, 1976 at 4:00 P.M. Also to be included are John Marshall, and Lou High Schools. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to approve the following licenses and bonds Auction License from Wally Laumeyer for an Antique Auction to be held in the Holiday Inn South on September 27, 1976. The bond of $1,000. has been submitted. Master Installer License from Gerald Modjeski of Winona and William H. Galeuski of R. # 3 Winona. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 547 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 2:3 - September 20, 1976 Agenda Item E-3 Heating Contractor License from Winona Plumbing Co..1126 E. Broadway Winona, Minnesota and a bond in'the amt. of $5,000. and From Winona Heating and Ventilating Company of Winona, Minnesota and a bond in the amount of $5,000:00 was submitted.. Application for a permit to move a garage from 2219 15th Avenue N: W. to -Rural Byron on September 25, 1976 was approved. Ayes (7 ), Nays (0). Motion carried. Strain moved, Gray second to approve the application for a permit to move a house from 115 llth Avenue S. W. to Route # 2 Eyota, Minnesota subject to the approval of the City Administrator that the cost of trimming the trees be paid, and that the trees are not severely scraped when moving this house. Ayes (7 ), Nays (0). Motion carried. E-4 Allen moved, Strain second to adopt the prepared,Resolution No. 370- 76 authorizing the City Clerk.to advertise forbids for the seasons supple of Rock Salt to be opened at 11:00 A.M. on October 13, 1976. Ayes (7), Nays (0). Motion carried. E-5 Larson moved, Gray second to approve the semi-monthly bills in the amount of $308,910.60 ( list attached ). Ayes (7), Nays (0). Motion carried. E-6 Recommendation of the Appointment of CUE was not discussed at this time. Will come up after the Planning Zoning Commission has had time to act on this. E-7 Strain moved, Powers second to approve the application for approval of the preliminary plat of Meadow Park 14th Subdivision subject to Providing the street profiles and utility information. Ayes (7), Nays (0). Motion carried. E-8 Powers moved, Gray second to approve the.application for a Variance to Paragraph 41.400-1-(c) of the Subdivision Ordinance as it applies to a portion of Lot.52, School Section 36, T107N, R14W ( Miner Property 19th Avenue N. E. and loth Street N. E. ) and adopt -the prepared_ Resolution,,No t�371-76 Jrahtino�.-this variance. Ayes (7), Nays (0). Motion carried. E-9 Gray moved Powers second to adopt the prepared Resolution No. 372-76 authorizing the City Clerk to advertise for bids to be opened at 11:01 A.M. October 13, 1976 for Shop Monoxide Exhaust System at the Public Services Building. Ayes (7), Nays (0). Motion carried. E-10 Powers moved, Kamper second to authorize the submission of an extensil of application for the State Transi:t-Grant for reduced Fare Program for the Senior Citizens and appropriating the City share of the costs ( Approximately $8,568.) from the contingency account. Ayes (7), Nays (0). Motion carried. E-11 Gray moved, Strain second to approve the final payment to the Saxton Company (Home Indemnity) in the amount of $16,556.19 for work performed 548 E-11 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - September 20, 1976 in conjunction with the Airport Fire/Crash Building. Ayes (7), Nays (0). Motion carried. An Ordinance establishing changes for City Sanitary Sewer charges and a formula for the assessment of sewer charges for abnormal wastes was given its second reading. Strain moved, Kamper second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning Certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester to R-3 Medium Density.District ( Par Ex Homes ) was given its first reading. An Ordinance Annexing to the City of Rochester Minnesota certain un- platted land n6t exceeding 200 acres in area situated in Section 21 Township 107 North, Range 14 West, Olmsted County , Minnesota 111.5 acres ( Schroeder Property ) was given its first reading. Larson moved, Gray second to adopt Resolution No. 373-76 approving an amendment to the FBO Lease with International Fueling Company Inc. incorporating additional land in the lease agreement and changing the non-exclusive rights paragraph and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0). Motion carried Larson moved, Powers second to approve the Plans and specifications prepared by the City of Rochester entitled Grading Base,and Bituminou Surfacing within Arend's Industrial Park First Sub. and execute a contract with Raymond J. Arend and Mary T. Arend, for the constructio of said improvement. Ayes (7), Nays (0). Motion carried. Res. 374-76. Larson moved, Strain second to adopt the Resolution 375-76 approving the plans and specifications for Street Grading and Surfacing, Sanita Sewer, Storm Sewer , Watermain , Underground Drains and Service Connections stubbed into boulevard in Meadow Park 13th Sub. and to execute a contract with Kruse Company and Leon Joyce Construction Co. for construction of said improvement. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to adopt Resolution No. 376-76 approving the project assignment and reporting system proposed by the City Administrator by memorandum dated August 5, 1976 except that it shall not apply to matters referred to the City Attorney's office involving confidential or privileged communications, litigation or administrate, hearings. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to adopt Resol ut•i!on 377-76 approving a resolution of the Public Utility Board requesting authorization to pay for the cost of installing 417 feet of eight inch watermain at Soldiers Field Drive and 6th Avenue S. W. for $13,000.00. Ayes (7), Nays (0). Motion carried. Agenda Item F-1 F-1 F-1 F=1 F-1 F-1 F-1 H-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23-- September 20, 1976 Powers moved, Kamper second to adopt Resolution No. 378-76 of the Public Utility Board to enter into a contract with Pfeifer and Shultz Engineers for a steam rate study not to exceed $2,000.00. Ayes (7), Nays (0). Motion carried. .. Strain moved, Gray second to adoptvResolut Lori No. 379-76 of the Public Utility Board to enter into a contract with Pfeifer and Shultz Engineers for the filing of a certificate of.need and facility foreca! the compensation for said services to be calculated under the terms of the cost-plus fee schedule. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to adopt:'.Resolution No. 380-76 of the Public Utility Board to enter into a'purchase order agreement with 9e'.chanical Service Company for steam coil air heater in the amount of $10,768.75. Ayes (7)-, Nays (0). Motion Carried. Larson moved, Allen second to adopt Resolution No. 381-76 of the Public Utility Board to enter into a contract addition with Pfeifer and Shultz, Engineers for base load plant siting at an estimated cost of $15,000.00 Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to adopt Resolution No. 382-76 of the Publi Utility Board pertaining to a joint venture with the Northern States Powers Company and other municipal utilities for the location of suitable electric generation sites the cost of which is to be shared in proportion to the 1975 peak electric demands of the participating utilities. Ayes (7), Nays (0). Motion carried. Allen Moved, Kamper second to adopt Resolution No. 383-76 that the lei agreement between the City of Rochester and Don Shreve Lincoln Mercur, Inc. leasing Lots 1 and 2,.Block 20, Northern Addition in the City of Rochester for a term expiring on December 31, 1976 is approved. Ayes (7), Nays (1). Alderman Strain voting Nay. Motion carried. An Ordinance involving the Committee•on Urban Environment with the following language the Consolidated Planning Department should refer any matter under any consideration by the department pertaining to Planning and Zoning to the Committee for its review and recommendatioi the Consolidated Planning Department shall forward the recommendation of the committee to the Planning and Zoning,Commission to the Common Council presently they report to the Council•,. This also abolishes the present committee and the Common Council will -.appoint a committee of 9 members . was given its first reading. Mr. Oliver Perry of 2417 18th Street S. E. granting him permission to keep his driveway at 40 feet which was already in the property which he purchased some time ago. Strain moved, Powers second to grant him permission to leave his driveway at 40 feet. Ayes (7), Nays (0). Motion carried. ;t e 549 550 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item H-2 F-1 , G-1 G-2 Larson moved, Strain second to allow Mr. James Brott of 222 9th Avenu N.E. to grant Mr. Brott permission to reconstruct his garage on his former foundation as this is part of the original building. Ayes (7) Nays (0). Motion carried. Kamper moved, Gray second to adopt Resolution No. 384-76 entitled Amendment to Lease Agreements between the City of Rochester and Rochester Development Company pertaining to the Development Company parking ramp situated in Block 20, Moe and Olds Addition and provisic for extedding the lease term demolition of the ramp garage and maint- aining a reserve for such demolition and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (1). Alderman Strain voting Nay. Motion carried. Powers moved, Strain second to remove the Application for approval of the Preliminary Plat of Campustown Subdivision from the table. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to approve the application as stated deleting the 10 foot wide utility easement along the southerly boundry line. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to remove the Application for approval of the Final Plat of the Resubdivision of Part of Lot 5, Block 2, DeWitt's Subdivision from the table. Ayes (7), Nays. (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 385- 76 approving this plat. Ayes (7), Nays (0). Motion carried. Having no further business, Kamper moved, Larson second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. /1 ty Cler Information - September 20, 1976 1. Standing Committee Minutes - 9-13-76 2. Petition from Cascade Township Residents RE: Orderly Annexation ( Referred to Planning Department and City Attorney.) 3. Request for a loading zone in front of 7- 2nd Street S. W. - Senior, Citizens Inc. ( Referred to Public Services for review and recommendation.