HomeMy WebLinkAbout01-17-1977I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 34 - January 17, 1977
A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Gray, Larson, Powers, Solinger, and Strain. Absent: None.
Strain moved, Gray second to approve the minutes of the Special
meeting of the Common Council on January 10, 1977. Ayes (7), Nays
(0). Motion carried.
B-1 A Hearing on the Application for approvali,of a Planned Unit Developmei
( Concept Plan ) to be located in the 700 Block of 16th Street S. W.
( George Grieve -Property ). Wishing to be heard was William Meschke
of Weichselbaum HSR and Associates, Inc. and was concerned about
the stipulation of the Storm shelter facilities that are required
to be put in by the PUD Ordinance. He stated that they wanted these
eliminated from the proposal. He stated that they would follow the
requirements of the national disaster rules if they had need for
a shelter. Dr. Gordon Moore of 1605 6th Avenue S. W. spoke on
behalf of the residents of 16th Street S W. and was worried about
the preservation of the stone barn and fence. They wanted this in-
cluded in the PUD that the barn and fence be preserved. Having on
one else present that wished to be heard, President Postier closed
the hearing. After discussion by the Council Alderman Strain asked
Mr. Meschke what they intended to do with the barn and fence. Mr.
Meschke stated that it would cost a lot of money to preserve this
fence and barn, but at this time they were going to let it stand.
Dr. Moore stated that they were looking for funds to help preserve
this barn and fence. Having no more discussion, Powers moved, Strain
second to approve this PUD subject to the following conditions:
1. That a pedestrian circulation pattern be provided including access
to the park and sidewalk along 16th Street S.W. 2. Storm shelter
facilities be provided as required by the PUD Ordinance. 3. That all
codes concerning construction in the Flood Plain be strictly adhered
to and the flood control plan be accomodated. Ayes (6), Nays ('1).
Alderman Larson voting nay. Motion carried.
B-2 A Hearing on the Community Development Funding Request. Ann Ferguson
of the Association for Retarded Citizens was present and stated that
they want to purchase property, and even though they are notion the
list they would like to become eligible for funding. Dr. Richard
Sheldon representing the Senior Citizens was present and stated that
they have spotted a potential building for the Senior -Citizens and
hope the Council considers funding this project. William McDonald
of 1716 5th Street S. W. of the National Parapalegic urged the
Council to grant funding for the Architectural Barrier Removal/
Access to City Hall. Having no one else present that wished to be
heard, President Postier closed the hearing. Vote was taken by the
Council and the total number of votes as tabulated in order of,
priority is as follows: 1. Downtown Development District Budget - 9
total Council votes.' 2. -'Senior. Citizens Center 24 total Council
votes. .3. S. E. Sanitary Sewer Project 26 total Council votes.
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594 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 34 - January 17. 1977
Agenda
Item
B-2
B-3
4. Land Acquisition for Improvements of 35th Avenue S. W.,28 Council
votes. 5. Silver Lake Shoreland Stabilization,34 Council votes.
6. Land Acquisition for NW Diagonal of One -Way Southbound Connection
40 Council votes. 7. Acquisition of Land along Water Ways, 47
Council votes. 8. Architectural Barrier Removal/Access to City Hall
57 Council votes. 9. Development of Indian Heights Park and Inter-
mediate Care Facility/Mental Retardation tie vote at 65 Council votes
10. Barrier Inspection and Removal, 67 Council votes. Having no furth(
discussion by the Council, Allen moved, Solinger second t appprove thi
allocation fo" 1977. Funding available for 1977 includes �629,000.
and a reallocation from Program Year I of $130,700. Ayes (7), Nays
(0). Motion carried.
A Hearing on the 1977-1982 Capital Improvement Program. Wishing to
be heard was Cynthia Daube of 1130 6th St. S. W. as president o.f
the Rochester Association of Neighborhoods. She stated that Items
29-30-32-34 and 37 should be deleted from the plan because they
violate neighborhood integrity. Walter Wilson of 925 6th St. S. W.
presented ,petitions opposing items 29-30-32-34. and 37. 723 signatures
have been obtained at this time in opposition. James Aswegan of 1140
6th St. S. W. represents Christ Methodist Church and were concerned
about the increased amount of traffic and the effects that this
would have on the church and the entire community. He presented a
petition opposing the Widening of Fourth Street S. W. from 2nd to
6th Avenue S. W. to four lanes of traffic. This was signed by 297
citizens. Dr. Dwight Barthlemew of 1201 6th St. S. W. is opposed
to this and is concerned about the safety of the children with the
new wide street creating a traffic hazard. Mary McElligott of 538
14th Avenue S. W. Crossing Guard for the City of Rochester stated
that the traffic was bad now. Dr. Walter Wilson of 925 6th St. S.W.
read a couple of letters from the principal of Edison and Folwell
Schools located on 6th St. S. W. and they were going to take this
matter to the School Board for action and support in opposing this
street. Dr. Kenneth Mann of 425 15th avenue S. W. is opposed to this
and stated that the stop signs should be synchronized; he tried every
route and they all switch at a different in tervol. He stated this woul
help move traffic. Gina Duche of 602 llth Avenue S. E. suggested
that the streets we have now be up -graded and investigate alternative
streets and suggested transit moving, bikeways etc. Studies should
be make on new ways instead of going through neighborhoods with
major streets. Mary Ann Wilson of 925 6th St.-S. W. stated that
inter -city neighborhoods are pleasant and people do not want to be
pushed out of them. is opposed to the street project. Willard Knapp
of 730 5th Street S. W. stated that removing the parking on one side
of 5th and 6th Street S. W. would give traffic other streets to move
on, and would help the traffic problem. Jim Sadler of 807 4th St. S.
W. stated that this street would destroy the neighborhood atmosphere
of the College Apartments located on 4th St. S. W. wants to see an
alternative. John Hanlon of 2433 Viking St. N.W. owns the Furlow
Apartments on 4th St. S.W. and is opposed to this. Parking is a
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concern. Tom Moore, Consolidated Planning Department of the City of
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
595
Adjourned Meeting No,. 34 - January 17, 1977
Agenda
Item
B-3 Rochester stated that he liked to see so many people interested in
local government, and invited them to attend all the meetings that
the -City offers. These are the root of planning, and input at these
meetings could result in the en`d of the things the people want.
Ron Lynne of 2008 5th Avenue N. E. ; was opposed to most of the
items in the CIP. He stated there was no mention of parking in the
CIP. Having no one else present that wished to be heard, President
Posti.er closed the hearing. Gray moved, Strain second to.take the
recommendation of the Planning and Zoning Commission to approve the
Capital Improvement Program with action being delayed on Capital
Improvement Program Items 29-30-32-34-36 and 37 until the proposed
thoroughfare plan has been reviewed and advises the Planning Comm-
ission and Traffic personnel to .review the suggestions for alternati.vl
on the projects which were deleted. Suggestions to be used from the
citizens that spoke this evening. Upon Roll Call vote, Aldermen
Allen, Gray, Larson, Solinger, Strain and President Postier voting
aye. Ayes (6). Alderman Powers voting nay. Nays (1). Motion carried.
Mayor Smekta spoke and complimented the citizens for their concern
and stressed the need for citizen input and added that the Council
and City Departments are as concerned about costs etc. as the citizen!
as we are tax payers too. Resolution No. 19-77.
B-4 A Hearing on the Adoption of the Transit Service Improvement Plan.
Wishing to be heard was Jams Curry of 727 2nd St. S. W. and urged
the passage of this plan. Ed Moline of 2237 Vanir Ct. N. W. as
general manager of the bus company urged this passage also. Mary
Wick of 604 21st St. N. E. ,'.•..is in favor of the passage of this
plan. Having no one else present that wished to be heard, President
Postier closed the hearing. Larson moved, Gray second to adopt
Resolution No. 20-77 approving the plan. Ayes (7), Nays (0'). Motion
carried.
C-1 Larson moved, Strain second to approve the appointment of Ronald E.
Johnston of 1029 6th Avenue S. E. to the.position of Lieutenant in
the Rochester Police Department. The appointment is effective January
16, 1977. This is to fill the vacancy of Lt. Mork, who retired.
Ayes (7), Nays (0). Motion carried.
C-2 Powers moved, Gray second to approve the appointments of Gerald Loftus
to the position of Motor Operator. This position is effective February
5, 1977, and approve the appointment of Irvin Nelson to the position
of Firefighter effective February 7, 1977. Ayes (7), Nays (0). Motion
carried.
C-3 Strain moved, Allen second to approve the following appointments to
the Music Board- Irene Fulton of 1055 Plummer Circle - reappointed
- term expires January 1980; Jack Van Straaten of 923 19th St. N. E.
to replace John Wicks; term expires January, 1980; Roy Cawley of 848
First St. S. W. to fill the unexpired term of Frank Klauda- term
expires January 1978. Ayes (7), Nays (0). Motion carried
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned. Meeting No. 34 - January 17, 1977
Agenda
Item
C-4
D-1
Strain moved, Powers second to approve the following appointments to t
Rochester Planning and Zoning Commission. Donald A. Peterson of 446
Valhalla Court, Rochester replacing Ken Rohde. Term expires December
31, 1979 and James Ward of 2551 llth Avenue N. W. who replaces C.A.
Armstrong. Term to expire December 31, 1977. Ayes (7), Nays (0). Moti
carried.
Mr. Robert Dunlap of 832 loth St. S. W. attorney, on behalf of the
Minnesota Federal Savings and Loan wished to be heard and wished that
the City would amend the 25 .foot setback requirement for their buildin',
to 20 feet. This was due to an error in using a map that omitted a
line, and since they have the building ready to go, they would appre-
ciate this variance. The Council referred this: to the Zoning Board
of Appeals for approval of the variance on the setback, and to the
Planning and Zoning Commission for a conditional permit on the parking
on the north side. Gray moved, Powers second to grant extension on
payment of this property until ten days after the Zoning Board of
Appeals has approved the variance and the Conditional permit has been
issued. Ayes (7), Nays (0). Motion carried.
D-2 Allen moved Gray second to adopt Resolution No. 21-77 referring the
request for Sanitary Sewer to serve proposed Manor Square Development
Site to the Public Services Department for a feasibility report.
Ayes (7), Nays (0). Motion carried.
E-1 Powers moved, Larson second to adopt the prepared Resolution No. 22-77
authorizing acceptance and execution of the federal grant offer for
Sewer System Evaluation Survey as part of the Step I Treatment Works
Grant. This cost is $84,000.00. The Federal participation is 75%,
the State of Minnesota will contribute 15% with the local share 10%.
Ayes (7), Nays (0). Motion carried.
E-2 Strain moved, Allen second to adopt the prepared. Resolution No. 23-77
approving the transfers from:the(.contingency for the 1976 fiscal year
in the total appropriations of $200,616.02. Ayes (7), Nays (0). Motion
carried.
E-3 Powers moved, Gray second to instruct.the City Attorney..to prepare
a resolution complying with the Public Utility Board to approve the
rates and charges for water service with the exception of the hydrant
rental. This is delayed until 1978 to allow for the necessary funds to
e appropriated to cover the increase. Ayes (7), Nays (0). Motion
carried.
E-4 ray moved, Allen second to commend the American Association of
niversity Women and League of Women Voters Downtown Survey for their
eritorious services. Ayes (7), Nays (0). Motion carried.
E-5 jhe City Clerk had no -licenses and bonds at this time.
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E-6 owers moved, Allen.second to adopt the prepared Resolutions No. 24-77
and 25-77 closing completed projects and authorizing transfer of
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 34- January 17, 1977
Agenda
Item
E-6 temporary financing - Net funds transferred $163,946.311. Ayes
(7), Nays .(0). Motion carried.
E-7 lGray moved, Solinger second to adopt the prepared Resolution No. 26-
77 authorizing the City Clerk to advertise for bids on the following:
leaning Digester No. 2 at the Water Reclamation Plant. Bids to be
pened at 11:00 A.M. on February 15, 1977. Ayes (7), Nays (0). Motion
carried.
E-8 3train moved, Gray second to approve the semi-monthly bills (list
attached ) in the amount of $136,026.05. Ayes (7), Nays.(0). Motion
arried. Also included was to instruct the City Attorney to prepare
resolution to the legislators to change the law on paying employees,
ho terminate of their own accord, unemployment compensation.
E-9 3train moved, Larson second to adopt the prepared Resolution No. 27-
7 establishing a Landfill Enterprise Fund and authorizing the transfer
f $15,OOO to provide working capital and authorize an "In Lieu of
Taxes" contribution in the amount of 10% of gross revenues. Ayes (7)
ays (0). Motion carried.
E-10 44as not included. ,
E-11 Nllen moved, Strain second to refer the acquisition of Ski Hill Proper
hich consists of 44 acres of land at a cost of $48,500. to the Plannii
and Zoning Department for their review. Ayes (7), Nays (0). Motion
arried.
E-12 arson moved, Gray second to send.the Revised Ordinance creating
.U.E. to the City Attorney for his review. Ayes (7), Nays (0).
otion carried.
E-13 llen moved, Larson second to grant the variance to the Subdivision
rdinance pertaining .to the Plat of Sunrise Estates 3rd Sub. and
dopt the prepared Resolution No. 28-77. Ayes (7), Nays (0). Motion
arried.
E-14 Powers moved, Larson.second to table the variance to the Subdivision
Ordinance pertaining to the Plat of Campustown Subdivision until
he Council gets answers.as to why we need 2 myl.ars instead of 1.
Ayes (7), Nays (0). Motion carried.
E-15 Strain moved, Powers second to grant the Variance to the Subdivision
Ordinance pertaining to the plat of Northern Heights 8th Subdivision
aiving the requirements of Section 41.203 No. 12 requiring two
oot contour intervals in the preliminary plat. Ayes (7), Nays (0.
Motion carried. Resolution No. 29-77
E-16 train moved, Gray second to.:apC3:r9 ve the application for. approval•.of
he preliminary plat of Meadows Resu5'division. Ayes (7), :lays_=(0).
Motion carried.
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598 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 34 - January 17, 1977
Agenda
Item
E-17
E-18
E-19
E-20
E-21
E-22
Larson moved, Powers second to approve the Application for approval
of the preliminary plat of the Replat of Outlot A, -Meadow Park 6th
Subdivision subject to the land use plan and zoning change being
considered. Ayes (7), Nays (0). Motion carried.
train moved, Powers second to approve the application for approval of
preliminary plat of Northern Heights Eights Subdivision subject to th
following: 1. Two foot intervals be shown on the plat as, required or
a variance sought. 2. 15th Avenue be extended through to the north
with a 75 foot right -Of -way or alternative method of conveying.
the property to the City be provided,. 3. Temporary cul-de-sac be in -
installed at the terminus of Northern Heights Drive. Ayes (7)
Nays (0). Motion carried.
Powers moved, Solinger second to allow the encroachment into the
public right-of-way at 322 South Broadway ( Coffeehouse) of Laymen
for Christ, Inc. with the following stipul.ations. 1. that the bottom
of the laterns be a minimum of 8 feet above the sidewalk, and
the building facing would not project more than 2 inches into the
public right-of-way of South Broadway. Ayes (7), Nays (0). Motion
carried. Resolution No. 30-77.
Allen moved, Gray second to proceed with the petition to annex
the South 1/3 of Lot 6, Block 15, Golden Hill Addition ( 1817 1st
Avenue S. W. ) and instruct the City Attorney to prepare an ordinance
that can be adopted. Ayes (7), Nays (0). Motion carried.
Powers moved, Solinger second to approve the application for approval
of the Preliminary Plat of Bel -Air Third Subdivision subject to
finding a location for a pedestrian underpass and pedestrian
circulation pattern being determined. Ayes (7), Nays (0). Motion
carried.
Strain moved, Powers second to approve the petition to annex the
property located at 1025 Mayowood Road ( O1.ms:ted County Group
Home for Girls ). Ayes (7), Nays (0). Motion carried.
E-23 Powers moved, Gray second
walkway easement in Block
to a new walkway easement
Nays (0). Motion carried.
E-24
to approve the petition to vacate a public
11 and 12, Sunrise Estates 2nd Sub. subject
being rededicated on the replat. Ayes (7)
train moved, Larson second to adopt the prepared Resolution approving
plans and special provisions for Improvement of North Broadway from
llth Street N. E. to 16th Street N. E. including Bridge No. 5859.
the Minnesota Department of Transportation plans to let a contract
for the improvement. Ayes (7), Nays (0). Motion carried. ( S.P.
5510-42 ( T.H. 63).( Resolution No. 31-77)
E-25 lGray moved, Larson second to adopt the prepared Resolution No. 32-77
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 599
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E-25 approving the agreement and authorizing.the Mayor and City Clerk
to sign the cooperative Agreement for Improvement of North Broadway
Bridge and North Broadway approaches between llth Street and 16th
Street North. The estimated cost of this project is $606,513.
of which $419,995 is the Federal Share, $87,437. i.s the State share
and $99,081 is the City share. S.P. 5510-42 (63=59) F 056-1 (46).
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance rezoning property located south of 37th Street N. W.
in the 900 Block from R-1 to R-3 ( Builde.rrs Land Company ) was given
its second reading. Larson moved Powers second to adopt the ordinance
as read. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Annexing to the City of Rochester .44 acres in Golden
Hill Addition ( Lance Ketchum of 1817 1st Avenue S. W. ) was given
its first reading.
F-1 An Ordinance annexing to:ithe City of Rochester land not exceeding
200 acres in ares ( approximately 9.237 acres) situated in Section
11, Township 106 North , Range 14 West Olmsted County, Minnesota
was given its first reading. ( Group Home for Girls ).
F-1 An Ordinance annexing to.the City of Rochester 15.71 acres including
CSAH NO. 2 Right of Way situated in Section 25, T 107N Range 13
West Olmsted Co. Minnesota ( Kruse Co. and Haven Hodge ) was given
its first reading.
F-1 An Ordinance Rezoning certain property and amending Ordinance No.
1659 known as the Zoning Ordinance rezoning to R-3 Medium Density
for 6th Avenue & 16th St. S. W. ( Mayo Foundation ) was given its
first reading.
F-1 An Ordinance Annexing to the City of Rochester 3.0 acres situated
in Section 6, T 106N Range 13 West Olmsted Co.,Minnesota ( Covered
Wagon Motel & Trailer Park ) was given its first reading.
F-1 Strain moved, Larson second to adopt Resolution No. 33-77 setting
a hearing to be held on March 7, 1977 at 7:30 P.M. to vacate a
public walkway in Blocks 11 and 12 Sunrise Estates Second Sub.
Ayes (7), Nays (0). Motion carried.
F-1 Larson moved,' Powers second to adopt.Resolution No. 34-77 authorizing
the Mayor and City Clerk to sign.a quit; claim deed conveying
property in Blocks.l,,2,3 and 4 of Northern Hills Second Sub.to
Robert Gill and Lowell Penz & authorizing in conjunction with that
conveyance the acceptance of a conveyance by warranty deed of land
from Mr. Penz and Gill for a consideration of $40,000. half of said
amount to be paid by Independent School District No. 535 in consider-
ation for which the City will convey a portion of that property.
Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 34 - January 17, 1977
F-1 Powers moved, Larson second to adopt Resolution No. 35-77 approving
a Resolution of the Public Utility Board to engage Pheifer and Shultz
Engineers to prepare plans and specifications on a cost plus fee
basis to rehabilitate.the Marley cooling tower and the documents
to the Energy Reserve and Development Administration. Ayes (7),
Nays (0). Motion carried.
F-1. Larson moved, Gray second to adopt Resolution No. 36-77 approving
a Resolution of the Public Utility Board to engage Wallace, Holland
Kastler, Schmitz and Company for engineering services for power
plant chemical waste disposal to work in conjunction with Pfeifer
and Shultz, Inc. of a cost not to exceed $15,000.00 Ayes (7), Nays
'(0). Motion carried.
F-1 Larson moved, Powers second to adopt the prepared Resolution No.
37-77 approving a land use change designating as medium density
residential property to be located North of 16th St. S. W. & West
of 6th Avenue S. W. ( East of the Olmsted County Fairgrounds) .
Ayes (7), Nays (0). Motion carried.
F-1 Powers moved, Gray second to adopt the Resolution No. 38-77 approving
a resolution of the Public Utility Board dated Jan. 11,1977 extending
the salaries for its employees currently in effect on December 31,
j 1976 into 1977 until such time as the 1977 salary rates are det-
ermined. Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Gray second to adopt Resolution No. 39-77 approving
a resolution of the Public Utility Board entering into a purchase
order agreement with Crescent Electric Supply Company for furnishing
pole mounted open type distribution cutouts at a cost of $3,385.00
Ayes (7), Nays (0). Motion carried.
F-1 Powers Moved, Strain second to adopt Resolution No. 40-77 approving
a resolution of the Public Utility Board entering into a purchase
Order agreement with Babcock and Wilcox Company for furnishing
pulverizer parts for Units # 3 and # 4 at a cost of $21,278.50.
Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Powers second to adopt Resolution No. 41-77 approving
the election judges for 1977. Ayes (7), Nays (0). Motion carried.
G-1 Gray moved, Strain second to remove the Designation of 6th Avenue
West as a Primary Traffic Street from the table. Ayes (7), Nays (0)
Motion carried. Gray moved, Powers second to approve this and
instruct the City Attorney to prepare a resolution amending Para.
(22) of Section, Primary Traffic Street to read: (22) Sixth Avenue
S. W.-N.W. from llth Street S. W. to 7th Street N. W. Ayes (7 )
Nays (0). Motion carried.
Having no further business, Strain moved, Solinger second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
l.. y Clerk
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Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 601
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting. No. 34 January 17, 1977
Information - January 17, 1977
1. Minutes of the Standing Committees - 12-20-76
2. Minutes of the Standing Committees - 1-3-77
3. Minutes of the Standing Committee - 1-10-77
4. Letter from Kersten's Furs RE: Development District Proposal
(Copies to Dev. Dist. Adv.Board)
5. Letter from Franklin Michaels RE: Jefferson Co. Proposal new
bus terminal ( Ref. to Dev. Adm. and Adv. Board )
6. Letter from Loraly Lowell RE: Street names ( ref. Traffic
Eng. in response to writer )
7. Letter from Chamber Transportation Committee RE: pre -postage
fine envelopes ( Ref. to Public Services Dept. for re view`and
recommendation)
8. Referred to Planning and Zoning:
a. application to metes and bounds conveyance at 1643 North
Broadway ( A.P. Smekta)
b. application for a variance from the subdivision regulations
for Final Plat of Campus Town, Inc. ( Robert N. Springer)