HomeMy WebLinkAbout02-23-1977Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36 - February 23, 1977
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.
Allen moved, Gray second to approve the minutes of the Feb,r.uary 7,
1977 meeting. Ayes (7), Nays (0). Motion carried.
A Hearing on the Appeal of the Zoning Board of Appeals for the Approvi
olf a variance to Allow the height of an Accessory structure to exceed
2.5 feet in height. Wishing to be heard was Tom Wolf, 2205 Crest Lane
S. W., Attorney and Vice President Board of Trustees of St. Mary's
Hospital Board. Mr. Wolf pointed out that they had no opposition by
any department of the City and had no.opposition by the Planning and
Zoning Board. He stated the need for the ramp to accomodate the
parking for the expansion of St. Mary's Hospital. David`Leonard,
President of the Board of Trustees of St. Mary's was also present
and urged the Council to uphold the decisioh-of the Board of Appeals.
George Riches, Architect of 433 Newton Avenue S. Minneapolis, Minn.
presented a slide presentation on the ramp and the effects it would
have on residents from various angles. Leon Shapiro, 439 15th Avenue
S. W. local realtor was present and stated that property values have
not and would not be lowered because of this ramp. Phil Getts of
875 Oseola Avenue St. Paul was present and appeared on behalf of the
Neighborhood Association who implemented the appeal. He debated the
five conditions on which the Zoning Board of Appeals granted this
variance and asked the Council to consider alternatives. One of the
main concerns was the disbursement of traffic .on 4th St. The neigh-
bors were against this route of traffic. Mr. Philip Johnson of 1915
5th St. S. W. is in favor . Mr. LeRoy Wood of 1307 2nd St. S. W.
was in favor of the ramp. He lives across the street from St. Mary's
and stated something must be done with the parking situation.
Having no one else wishing to be heard, President Postier closed the
hearing. After Council discussion, Allen moved, Larson second that
the Council affirm the actions of the Zoning Board of Appeals and
grant the variance, and adopt Resolution No. 78-77. Ayes (7), Nays
(0).Motion carried.
A Hearing on the Petition to Amend the Land Use plan to indicate the
Area South of 37th. Street N. W. and N.E. of the Proposed West River
Parkway as being best suited for Commercial use. Stanley Guth of
Builders Land Company 1200 Roanoke Building Minneapolis, Minnesota
was present and urged the Council to pass this. Having no one
else present wishing to be heard, President Postier closed the hearin
Powers moved, Allen second to table this for further study until
the March 7, 1977 meeting. Ayes (7) , Nays (0). Motion carried.
A Hearing on the Planning Commission Initiated amendment to the Land
Plan in the Area North of U.S. 14 East, East of 15th Street S. E.
Having no one present that wished to be heard, President Postier
closed the hearing. Powers moved, Gray second to adopt the prepared
Resolution No. 79-77 approving this amendment. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36- February 23, 1977.
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B-4 A Hearing on the Petition to change the Zoning District from the B-lb
District to the R-4 District on Property located on the SW Corner
of 4th Avenue S. W. and 5th Street S. W. Robert Patterson appeared
on behalf of Rodney Younge and urged the Council to pass this.
Having no one else present that wished to be heard, President Postier
closed the hearing. Strain moved, Gray second to instruct the
City Attorney to prepare an ordinance making the zone change. Ayes
(7), Nays (0). Motion carried.
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A Hearing on the Application for a Planned Unit Development ( Concept
Plan ) for the property located South of Salem Road S. W. Wishing
to be heard was Francis Washburn of 2051 A Carriage Rd. S. W. and was
opposed to this project. George Baihly of 1805 Salem Road, owner
of the PUD was present and urged this passage. R.L. ( Dick) Hexum
of 805 Woodgate Lane N. W. stated that the garages put in the-positioi
that they are serve as a buffer for traffic. No one else wished to
be heard, President Postier closed the hearing. Larson moved,
Powers second to approve the PUD subject to th e re -designing the
layout to improve the three problem areas as mentioned in the staff
report and submittal of a tentative development schedule.
Ayes (7), Nays (0). Motion carried.
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Philip Getts of Minneapolis, Attorney on behalf of the Rochester
Association of Neighborhoods requested to be heard on behalf of the
rezoning of the A.C. Gooding property on the S.W. corner of 4th Streei
and 6th Avenue S. W. from R-1 and R-2 to R-4. He stated he was
opposed to the rezoning, and the Association of Neighborhoods was
opposed to this and asked the Council to reconsider this. Cindy Daub(
of 1130 6th Street S. W., President of the Association of Neighborhool
was present and is concerned about the R-4 zone in general. She is
opposed to this rezoning and asked reconsideration of the Council.
Alderman Charles Gray stated that since he made the motion to rezone
this he felt that housing is needed on the land we have in Rochester.
Rochester has a need for housing in the downtown area. Mr. Gray state(
that the housing is compatible with the area and is a good spot for
a unit as proposed. Having no motion to reconsider.from the Council
the original motion to rezone this property remains in effect.
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Allen moved, Strain second to table the Request to support Senate Fil(
103 which would put a moratorium on the taxing of house improvements <
long as the square footage of the residence is not increased and the
property is five years of age or older. The Council wanted further
discussion on this. Ayes (7), Nays (0). Motion carried.
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Proposed Purchase of Kothenbeutel property located in the 500 block o-
North Broadway and 1st Avenue N. W. was discussed by the Council.
President Postier stated for the record that He called the Council's
attention May,4, 1976 special election at which time the voters of th(
City amended our Charter to require a public referendum prior to the
initiation of the one-way street project. The majority of voters by
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
RpTilar Adiournari Maatinn No- 36 Epb6lar*23 1977
a substantial margin that was 12 out of 17 precincts and instructed
the City Council of their wishes and right to be heard prior to the
initiation of a one-way pair. Purchase of property would be classed
as initiation as far as I am concerned. There would be no discussion
on purchase of the Kothenbeutel property unless the one-way pair
were involved. The voters and taxpayers as our constituants deserve
the right to be heard prior to the purchase of any more property to
be used on the construction of a one-way pair. My only point is I
am not only arguing the merits of a one-way pair tonight, I am only
arguing the fact that the voters by their vote should be given the
right to vote on.the one-way pair before we start buying any more
property for a one-way pair that may be turned down. Mr. Gerald
Swanson, City Attorney stated that 103.6 does say that you.cannot
initiate a one-way pair until you have the referendum but you may
if nothing else be violating the spirit of that amendment if you
procede to purchase this property, if that is what the.purchase is fo
But you could in keeping with that section attempt to negotiate an
option to purchase the property if the referendum is approved, and
if it isn't,you don't have to exercise your option. Powers moved,
Solinger second to initiate negotions be made for option. Ayes (6),
Nays (1). President Postier voted nay. Motion carried.
Strain moved, Gray second to adopt Resolution No. 80-77 declaring in-
tention on part of the City of Rochester to United States government,
U.S. Army Corps of Engineers, concerning local participation in recre
features of project for flood control and recreation on the South
Fork Zumbro River Watershed, Olmsted County Minnesota, and Resolution
No. 81-77 recommending that congress give its support and appropriate
sufficient funds toward this project. Ayes (7), Nays (0). Motion
carried. Powers moved, Larson second to instruct the City staff to
further investigate the feasibility and legality of the partial ass-
essments of flood control costs to benefited property. Ayes (7),
Nays (0). Motion carried.
Allen moved, Gray second to approve the transfer of the Liquor License
to the Holiday,Inn Downtown. The license presently was held by Cortlan
Silver of Sheroc Corporation. Ayes (7), Nays (0). Motion carried.
Gray moved, Strain second to pay Black and Veatch Consulting Engineers
for a value Engineering Study $348.26 of the additional invoice. This
amount exceeds the $50,000 limitation. Ayes (7), Nays (0). Motion
carried.
Powers moved, Gray second to approve the following Renewal of Off -
Sale Liquor Licenses, Club On -Sale and Special Sunday Licenses:
Off -Sale - Gopher Liquor, 15 1st Ave. S. W.; Northgate Liquor, 1120
7th St. N. W.; Bob's Drive In Liquor Store, 15 Second St. S. E.; Valha
Bottle Shoppe, 308 Elton Hills Dr.; Daly's Liquor, 1318 Apache Dr.;
Buckeye Liquor Store, Inc. 205 4th St. S. E.; Viking Liquor, 1152 7th
Avenue S.E.; Hillcrest Liquors, Inc. 1618 Hwy 52 North; Andy's
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Liquor 56 Crossroads Center; Deluxe Liquor Store, 1635 Northbrook
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- RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON_ COUNCIL 613
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36 - February 23, 1977
Shopping Center; Huey's Liquor Store, 325 So. Broadway; Joe's Liquors
Inc., 2 17th Avenue S. W.; Rochester Liquors 602 North Broadway.
Bonds were turned in to !the City Clerk.. --.Club Liquors - B.P.E.
Elks Club 917 15th Avenue S. E.; Loyal Order of Moose 14 1/2 4th
St. S. W.; American Legion, 17 North Broadway; F.O. Of Eagles 409
1st Avenue S. W.; V.F.W. Club 16 6th St. S.W.; and A.F.L.-C.I.O.
4.4th St. S. W. Bonds were turned,.in to the City Clerk except for the
V.F.W. Special Sunday Liquor - B.P.O. Elks Club 917 15th Ave. S. E.;
Loyal Order of Moose 14 1/2 4th St. S. W.; American Legion 17 North
Broadway; F.O. Of Eagles 409 1st Avenue S. W..Cigarette License from
George Baihly and Bruce J. Stoe DBA Midway Motor Lodge 1517 16th
Street S. W. and application for Housemovers license from Lysne ConstL-...
ruction Company 107 5th Avenue S. E. Blooming Prairie Minnesota - Ren wal
$45.00 and a bond was submitted. Master Installers and contractor's
license from Thomas G. Shandley , 4805 Dominick Dr. Minnetonka, Minne ota
fees, a bond and certificate of competence was filed. Ayes (7), Nays
(0). Motion carried.
Strain moved, -Larson second to adopt the prepared Resolution No. 82-
77 approving the low bid of Mid -America Pipe Cleaning, Inc.
for cleaning of Digester # 2 at the Water Reclamation Plant. The bid
was in the amount of $8,250.00. Ayes (7), Nays (0). Motion carried.
Larson moved, Gray second to approve the semi-monthly bills in the
amount of $241,777.49 ( list attached ). Ayes (7), Nays (0). Motion
carried.
Strain moved, Powers second to approve the application for approval o
the preliminary plat of Elton Hills North Second Subdivision. Ayes
(7), Nays (0). Motion carried.
Powers moved, Allen second to approve the proposed acquisition of
easements for the Northwest Sewer Trunkline District and authorizati
to obtain any appraisals which may be needed to acquire the subject
property.,Ayes (7), Nays (0). Motion carried.
Gray moved, Solinger second to adopt the prepared Resolution No. 83-7
approving the 1977 Maintenance Agreement between the County of Olmste
and the City of Rochester, and authorizing the Mayor and City Clerk t
sign the agreement. Ayes (7), Nays (0). Motion carried.
Larson moved, Powers second to adopt the prepared Resolution No. 84-
77 approving the cooperative agreement for State Participation in cos
of Golden Hill Storm Sewer - Project No. 6300-2-71 J 4857. Ayes (7),
Nays (0). Motion carried.
Powers moved, Gray second to adopt the prepared Resolution No. 85-77
advertising for bids to be received at 11: 00 A.M. on March 25, 1977
for Golden Hill Storm Sewer System from Zumbro River at South
Broadway to 16th Street S. E. at lst.Avenue S. E. Project No. 6300-2-
71 J 4857. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36 - February 23, 1977
Strain moved, Larson second to adopt Resolutions No.. 86-77 and 87-77
Declaring costs to be assessed and ordering preparation of.the
assessment roll and order a hearing to be held on April 18:, 1977 on
Project No. 6309-2-75 J 8522 Sanitary Sewer Extension in 9th•
Avenue S. E. from 5th Street S. E. to 200' south. Ayes (7), Nays (0).
Motion carried.
Larson moved, Powers second to authorize the City Attorney to initiate
eminent domain proceedings on the Easement for Outfall Sewer Stage I-
N. W. District Trunkline, Pumping Station , Forcemain, and Outfall
Sewer. The City has asked Mr. David Hartman to grant an easement and
Mr. Hartman has declined to grant this requested easement. Ayes (7)
Nays (0). Motion carried. Resolution No. 87A-77.
Larson moved, Gray second to authorize the City staff to proceed with
the platting of Outlots 6,7,8, & 9 Northern Addition and the retention
of a registered Land Surveyor.for official.purposes. Ayes (7), Nays
(0). Motion carried.
Powers moved, Allen second to adopt Resolution No. 88-77 authorizing tie
Development District Administrator to negotiate a proposed contract
with G.A.C. Corporation for the development of 120 housing units for
the elderly and handicapped. The development proposed to be located
just south of Rochester Post Bulletin one half of Block 21, Original
Plat. Ayes (7), Nays (0) Motion carried.
Allen moved, Powers second to approve the prepared Resolutions No.
89-77, 90-77 and 91-77 assessing and charging to various lots the
costs of the removal of snow, noxious weeds, and tree work. The
total amount of Snow removal is'$698.00; weeds $475.00 and tree work i
$1,009.52. Ayes (7), Nays (0). Motion carried.
Larson moved, Powers second to reconsider the bids of Healy Construct-
ion Company, Faribault, and Doyle Conner Inc. of Rochester and Fraser
Construction of Rochester on Project No. 6214-4-76 J 2108, S.A.P
159-102-05. Healy Construction Company had not signed a sheet in the
proposal when he submitted his bid. Mr. Richard Winslow of Doyle
Conner requested that the bids be rejected on that basis. Upon
discussion by the Council, Larson moved, Powers second to rebid the
j•ob. After .Roll -Call vote:,: Aldermen:-All.en,LaOson., Powers_arnd._*Pr..esiden
Postier voted aye. Ayes (4), NaysAlderrien Gray, Solinger, and Strain.
Nays (3). Motion carried. The bids will be opened at 11:00 A.M. on
March 16, 1977.
An Ordinance Rezoning a part of Outlot A. Meadow Park 6th Subdivision
( 6th Avenue and 16th Street S.E. to R-3 Mayo Foundation ) was given
its second reading: Powers moved, Larson second to adopt the Ordinance
as read. Ayes (7), Nays (0)._Motion carried.
An Ordinance Annexing 15.71 acres of property in -Cascade and Haverhill
Townships ( owned by Kruse. Co. and Haven Hodge ) to the City of Roches er,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36- February 23, 1977
was given its second reading. Strain moved, Gray second to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried.
An Ordinance annexing 9.237 acres located in Rochester Township ( Olm!
County Group Home for Girls ) to the City of Rochester was given
its second reading. Allen moved, Larson second to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
An Ordinance annexing the south 1/3 of Lot 6, Block 15, Golden Hills
Addition to the City of Rochester ( Lance Ketchum ) 1817 lst Avenue
S. W.°was given its second reading. Strain moved, Powers second to
adopt the ordinance as read. Ayes (7), Nays (0). Motion carried.
An Ordinance Rezoning certain property and amending Ordinance No.
1659 rezoning to R-4 High Density on Lots 1,2,3,4,5,E and 7 , Block
3, Original Plat — West side of 4th.Avenue between 5th and 6th
St. S. W. was given its first reading.
An Ordinance relating to the salaries for the offices of Mayor- ,
Alderman -at -large, and aldermen of the City of Rochester, Minnesota
was given its first reading.
Gray moved, Allen second to adopt Resolution No. 92-77 amending the
Parking resolution as follows: Section F, Primary Traffic Streets
para (22) to read : (22) Sixth Avenue S. W.-N.W. fron Ninth Street S.
to Seventh Street N. W. Ayes (7), Nays (0). Motion carried.
Larson moved, Gray second to adopt Resolution No. 93-77 approving
the canvass of the number of votes cast for each person at the
Primary Election held February 15, 1977 for the office of Mayor,
Aldermen First, Third, Fifth and Sixth wards. Ayes (7), Nays (0).
Motion carried.
Strain moved, Powers second to adopt Resolution No. 94-77 approving
an agreement with the Chicago and North Western Transportation Compan3
for an underground utility easement for a storm sewer and water
facilities Project No. 6300-2-71 Golden Hill Storm Sewer and South
Broadway Trunkline Watermain providing for the payment by the City of
$25,916.00. Ayes (7),Nays (0). Motion carried.
Powers moved, Larson second to adopt Resolution No. 95-77 approving
an agreement with Builders Land Company and the City of Rochester
pertaining to the making of improvements to the drainageway on the
side of Elton Hills North First Subdivision. Ayes (6), Nays (1).
Alderman Strain voting Nay. Motion carried.
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Allen moved, Powers second to adopt the prepared Resolution No. 96-77
pursuant to the judgment of the Minnesota Supreme Court filed
February 4, 1977 in the matter of John W. Aurphy Vs. City of Rochester
affirming the decision of the Worker's Compensation Board filed November
12, 1975 and the City is directed to make payments from the general
fund in the amounts pursuant to the terms of the decision.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36 - February 23, 1977
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Ayes (7), Nays
(0).
Motion carried.
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Larson moved,
Allen
second,to adopt Resolution No. 97-77 approving
an agreement between the City and Mayo Foundation releasing certain
interests in land located between Block 15 of Original Plat of the
Town, now City of Rochester, Block 1, Head and McMahon's Addition
and a portion of Block 1, Head and McMahon's Addition held by the Cit
and granting a new easement in a portion of Block 1, of Head and Mc
Mahon's Addition to the City. Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Strain second to adopt Resolution No. 98-77 approving.
the Amendment to Joint Resolution for Orderly Annexation. This was
sent to the Minnesota Municipal Commission. Ayes (7), Nays (0).
Motion carried.
F=1 Allen moved, Gray second to adopt Resolution No. 99-77 directing
the Minnesota legislatures to enact legislation to make those persons
who voluntarily resign from employment or whose misconduct results in
suspension or discharge from employment ineligible'to receive unemplo;
ment compensation under state law. Ayes (7), Nays (0). Motion carried
F-1 Powers moved, Strain second to adopt Resolution No. 100-77 approving
the agreement between the City of Rochester and the County of Olmsted
to make available for the services of the City Safety Officer to the
County for a term ending December 31, 1977. Ayes (7), Nays (0). Motiol
Carried.
F-1 Powers moved, Gray second to adopt. Resolution No. 101-77 approving
a resolution of the Public Utility Board requesting authorization to
enter into a agreement with Woodhouse Bros. Inc. for furnishing 148 fE
of 5 3/4 inch stainless steel and 74 feet of 23 inch for Silver
Lake Plant # 1 and # II flight conveyor coal equipment at a cost of
$1,534.80. Ayes (7), Nays (0). Motion carried.
F-1 Larson moved, Powers second to adopt Resolution No. 102-77 approving
a resolution of the Public Utility Board approving entering into a
purchase order agreement with Rile Stoker Corporation for furnishing
210 Riley chain links for boilers at North Broadway Plant at a cost o'
$2,656.50. Ayes (7), Nays (0). Motion carried.
F-1 Gray moved, Allen second to adopt Resolution No. 103-77 approving.
a resolution of the Public Utility Board approving entering into a
purchase order agreement with the Worthington Service Corporation for
furnishing circulating pump parts for Number I Circulating Pump Silver
Lake Plant Unit # 3 for $2,333.,43.Ayes (7), Nays (0). Motion carried.
F-1 Powers moved, Strain second to adopt Resolution No. 104-77 approving
a resolution of the Public Utility Board entering to a purchase order
agreement with United Conveyor Corporation for furnishing ash blower
parts for Silver Lake Plant Unit # IV for $6,256.50. Ayes (7), Nays
(0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 36 - February 23,
COUNCIL
1977
Larson moved, Gray second to adopt Resolution No. 105-77 approving
a resolution of the Public Utility Board entering into a purchase
order agreement with Babcock and Wilcox Company for furnishing
pulverizer parts for Uni ts, III and IV at the Silver Lake Plant at a
cost of $8,257.10. Ayes (7), Nays (0). Motion carried.
Strain moved, Solinger second to adopt Resolution No. 106-77 approvini
a resolution of the Public Utility Board entering into a purchase
order agreement with Crane Supply Company for furnishing 400 feet
3" black yoloy steel pipe and 160 feet 6" black yoloy steel pipe for
$3,549.95. Ayes (7), Nays (0). Motion carried.
Larson moved, Gray. second to adopt Resolution No. 107-77 approving an
agreement between the City and St. Mary's Hospital authorizing the
issuance of. a revocable permit to use a portion of Fourth Street S. W
which lies west of Tenth. Avenue S.W. for private driveway purposes.
Ayes (7), Nays (0). Motion carried.
Having no further business, Allen moved, Powers second to adjourn the
meeting. Ayes (7), Nays (0). Motion carried.
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City Clerk
Information - February 23, 1977
1. Minutes of the Standing Committee - 2-7-77
2. Minutes of the Standing Committee - 2-14-77
3. Claim for Damages, Richard and Sally Johnson, 402 16th St. S.
(referred to Attorney, Insurance, and Public Utility )
4. Request for a taxi=cab rate increase -Yellow Cab*Corporation
( referred to Finance Department for review and recommendation
5. Claim for Injury, Donna Amith, 809 1/2 East Center St.
( referred to Attorney, ' Insurance, Public Services )
6. Claim for Damage , Lyndon Geselle, RR # 1
( referred to Attorney, Insruance, Public Services. )
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