HomeMy WebLinkAbout07-05-1977702 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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A-1 President Pro-Tem Larson called the meeting to order at 2:00 P.M.,
the following members being present: President Pro-Tem Larson,
Alderman Gray , Powers, Solinger, and Strain. Absent: President
Postier and Alderman Allen.
C-1 Strain moved, Gray second to approve the Mayor's Appointment to the
Park Board of Daniel E. Berndt of 2448 26th Street N. W. Mr. Berndt
replaces Robert A. Fick who passed away. Mr. Berndts term will
expire April 1, 1978. Ayes (5), Nays (0). Motion carried.
C-2 Gray moved, Solinger second to approve the Mayor's appointment to Humin
Rights Commission of Daniel J. Moore, Jr. of 721 Memorial Parkway
Mr. Moore will fill the term of Eugene White who passed. away. His
term will expire May 1, 1978. Ayes (5), Nays (0). Motion carried.
C-3 Strain moved, Powers second to accept the promotion of David Fenske
to the position of Motor Operator in the Fire Department, and Frederi k
Birum and Mark Keefe to the position of Firefighter in the Fire
Department. Mr. Fenske will accept his new appointment on July 11,
1977 and the new firefighters will be effective July 18, 1977.
Ayes (5), Nays (0). Motion carried.
E-1 Gray moved, Strain second to instruct the City Attorney to prepare
a resolution amending the agreement between the City of Rochester and
Lowell Penz for the operation of a tree disposal site to indicate
a new site location. This is subject to getting permission from the
County and State and would be a one year agreement. Ayes (5),
Nays (0). Motion carried.
E-2 Powers moved, Solinger second to adopt Resolution No. 381-77 acceptin
the low bid of Alvin Benike, Inc. $218,383 ( Inc. Alternate # 1
elevator shaft ) for construction of a central boarding concourse
at the Rochester Municipal Airport and authorization for execution of
Form 8040 by the Mayor and City Clerk and execution of all related
documents subject to approval by Minnesota Department of Aeronautics.
Ayes (5), Nays (0). Motion carried.
E-3 A request was received to transfer the alley lease for restaurant
purposes between the City of Rochester and Loren and Veronica Marquar t
leasing the vacated alley between Holland's Cafe and the Chamber of'
Commerce building in Block 19, Original Plat for a term expiring
September 30, 1978 to Geojo's Inc. ( Feast, Inc. subject to the origi al
terms and conditions thereof especially mentioning the fact that this
contains a 60 day cancellation notice on behalf of the City.
John Borah was present and heard on behalf of the Downtown Developmen
District and stated that he had a proposal for a building on the
North side of the alley and they were interested in acquiring the
alley. Leon Shapiro, representing the Geojo's company stated that
they would like the alley at least for a year so that they could get
money back that they would have invested at this time. Mike Curry
of Minneapolis who proposed the new building was
the need to acquire an answer from the Council sophescnotlande�stated
financing on his project. The Council transferred �he ieas� at this
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E-3 time and
to Feast,
Ayes (5),
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 9 July 5, 1977
instructed the City Clerk to send a letter ( Registered )
Inc. ( Geojb's Inc. ) informing them of the 60 day cancella ion
Nays (0). Motion
carried. ( Resolution No. 382-77.)
E-4 Strain moved, Gray second to adopt Resolution No. 383-77 approving
the execution of a new State Aid Agreement for Airport Maintenance
and operation increasing the present agreement from $40,000. to
$45,000. The state will participate on a 50 percent basis not to
exceed $45,000. and the Mayor and City Clerk are authorized and dir-
ected to sign said agreement on behalf of the City. Ayes (5), Naysr (0
Motion carried.
E-5 Strain moved, Gray second to approve the following licenses and bonds
Contractor's License and Master Installer received from James R.
McCarthy for Hayes Contractors, Inc. 1010 Currie Avenue Minneapolis,
Minnesota and Master Installer for James R. McCarthy of 3525 Oreland
Lane Minnetonka, Minnesota. Bonds of $5,000. have been submitted.
On -Sale Beer from Richard A. Mancuso to operate the business Ye'Old
Fashion Deli, Inc. located at 2 South Broadway; Temporary On -Sale
3.2 Beer for one day for the Greek Orthodox Church for the Greek
Festival. Auctioneer's License received from William D. Wells .
of 118 6th Avenue N. W. a bond of $500.00 has been submitted. An
application to connect Sewers and Drains have been received from S-H
Excavating Company from Rodney J. Herman of 1528 5th Avenue N. E.
A bond in the amount of $1,000. has been submitted. Application to
construct sidewalks, curb and gutter and driveways received from Badg,
Sewer and Water, Inc. by David L. Badger 401 32nd St. N. E. and.
Auctioneer's license received from Ronald L. Sheridan of R1 Zumbrota,
Minnesota. A bond of $500.00 has been submitted. Ayes (5), Nays (0)
Motion carried.
E-6 Strain moved, Powers second to adopt the prepared Resolution No. 384-
77 approving the low bid of Rochester Equipment Company, Rochester,
Minnesota ( John Deere ) for an 11 cu yd. scraper for the City
Landfill in the amount of$63,650.00. Ayes (5), Nays (0). Motion
carried.
E-7 Solinger moved, Gray second to adopt Resolution No. 385-77, 386-77
and 387-77 approving the additional securities in the amount of
$1,000,000. in lieu of a depository bond and releases in the amount
of $1,580,000.00 from the.Rochester State Bank, Rochester, Minnesota;
securities in the amount of $1,230,000. in lieu of a bond and release:
in the amount of $1,730,000. from Marquette Bank Rochester Minn.
and securities in the amount of $300,000. in collateral in lieu of a
depository bond from Northwestern National Bank.388-77 authorizing
the Finance Director to transfer funds in the amount of $34,647.46
to J 2109 Project No. 7602-0-76 Drainage Channel Improvements.and
Culvert structures across 9th Avenue N. W. plus grading and surfacing
of 9th Avenue N. W. across the parkway area in Elton Hills North 1st.
Sub. from J 1993 ( to close sewer and Street construction bonds )
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704 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 9 - July 5, 1977
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E-7 amount $25,309.97 and J 1994 ( Future Construction ) amount $9,337.49
to provide necessary funds to cover City's share of improvement per
agreement. Resolution No. 389-77 authorizing the Director of Finance
to transfer funds of $20,000.00 to J 8592 Engineering Project No.
6502-77 storm sewer west side of 18th Avenue N. W. ( DeWitts developer
from J-1993 - Sewer and Street Construction Bonds to provide necessar,
funds to cover cost of construction. Ayes (5), Nays (0). Motion
carried.
E-8 Powers moved, Solinger second to approve the semi-monthly bills in
the amount of $327,775.56 ( list attached ). Ayes (5), Nays (0).
Motion carried.
E-9 Strain moved, Solinger second to approve the extension of the agree-
ment with the Chemical Dependency Communications Consultants
( Employee Assistance.Program ) for an additional year with the State
paying 90% and the City 10%. It is approved that $500.00 be set asidf
to cover the City's costs which includes $270. remaining in the budges
of of June 30, 1977. Ayes (5), Nays (0). Motion carried.
E-10 Powers moved, Strain second to approve the Application for approval of
the preliminary Plat of Bel Air Fourth Subdivision subject to the
following modifications: 1. The additional easements requested by
the Electric Department are provided. 2. The drainage ditch is dedici
as a parkway. 3. The developer contact the City Water Department on
their proposal to,loop the wate rmain to the east and provide the nec=
essary easement for this. 4. The engineer shall check the design
of the vertical curves to insure that they meet minimum design standar
Ayes (5), Nays (0). Motion carried.
E-11 Powers moved, Strain second to adopt Resolution No. 390-77 approving
and supporting Rochester Housing and Redevelopment Authority applicati
to administer the MHFA Grant Program for Olmsted County inclusive
of the City of Rochester. ( Phase II ). Ayes (5), Nays (0). Motion
carried.
E-12 Gray moved, Solinger second to approve the Revised General Developmeni
Plan of Northridge Subdivision dated June 17, 1977. Ayes (5), Nays
(0). Motion carried.
E-13 Strain moved, Gray second to approve .the application".for approval*
of the Preliminary Plat of Northridge Second Subdivision. Ayes (5).
Nays (0). Motion carried.
E-14 Powers moved, Gray second to adopt Resolution No. 391-77 and 392-77
ordering a hearing on the Project No. 5808-0-70 J 8446 Sanitary Sewer
Trunkline West of Valleyhigh Dr. N. W. between 15th Street N. W. and
19th Street N. W. The hearing will be held on August 1, 1977 at 7:30
P.M. Ayes (5), Nays (0). Motion carried.
E-15 Strain moved, Solinger second to adopt Resolution No. 393-77 awarding
the low bid of $46,662.90 to American Plumbing Company of Winona for
to d
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 9 - July 5, 1977
Project No. 6241-4-77 J 8591 for Watermain Construction on 41st St.
N. W. from 130' West of 14th Avenue N. W. to 1129' East of llth Avenu
N. W. Ayes (5), Nays (0). Motion carried.
Powers moved, Solinger second to adopt Resolution No. 394-77 approvini
the Maintenance Agreement between the State of Minnesota and the City
of Rochester for the maintenance. of trunk highways within the corpora -
limits of the City. Ayes (5), Nays (0). Motion carried.
Gray moved, Strain second to adopt Resolution No. 395-77 approving
an owner contract by McGhie and Betts, Inc. to provide Engineering
services for basic improvments on Project No. 6354-4-77 J 8599 in
Bel Air 4th Subdivision. Ayes (5), Nays (0). Motion carried.
Strain moved, Gray second to adopt Resolution No. 396-77 authorizing
the City Clerk to advertise for bids on Project No. 6211-2-77 J 8593
Grading and Surfacing and Concrete Curb and Gutter on llth Street
S. E. from loth Street S. E. to 15th Avenue S. E. Bids to be opened
on July 27, 1977 at 11:00 A.M. Ayes (5), Nays (0). Motion carried.
Having no further business, Gray moved, Strain Second to adjourn the
meeting until 7:30 P.M. Ayes (5), Nays (0). Motion carried.
President Pro-Tem Larson called the meeting to order at 7:30 P.M.,
the following members being present: President Pro-Tem Larson,
Alderman Allen, Gray, Powers, Solinger and Strain. Absent: President
Postier.
A Hearing on the Petition -to amend the Land Use Plan at the S. W.
intersection of Ath Street S. W. and 6th Street S. W. from Low; Densit,
Residential to High Density Residential Use. Wishing to be heard was
Robert Patterson, Attorney for Mr. Rodney Younge the petitioner
and urged the Council to vote in favor of this. Also wishing to be
heard was Cinthia Daube of 1130 6th Street S. W. and urged the Counci'
to vote no. Ms. Daube was appearing on behalf of the Rochester
Association of Neighborhoods. She also recommended that the Zoning
code be enforced and carried out as it stands, but that certain areas
need studying, and would urge this to be done. Robert Parkhill of 624
4th Street S. W., Dr. Randall Sprague of 410 6th Avenue S. W., David
Gimbert 508 9th Avenue S. W. Howard Taswell of 422 7th Avenue S. W.
appeared and were opposed to this petition. Having no one else prese
that wished to be heard, President Pro-Tem Larson closed the hearing.
Solinger moved, Strain second.to approve the petition. Upon Roll
Call vote, Aldermen Gray, Powers, Solinger, Strain and President Pro-
Tem Larson voted Aye - Ayes (5), Alderman Allen voted nay. - Nay (1)
Motion carried.
A Hearing on the Application for approval of the Planned Unit Devel-
opment ( Final Plan ) to be known. as Northgate Plaza located East of
llth Avenue N. W. in the 900 block. Wishing to be heard was Peter
Bousales architect representing Gus Chafoulias and urged the Council
approval of this project and requested that the Cognci1 gtive tie
ordinance a second reading so that they may proceedto s art t is
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06 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 9 - July 5, 1977
Agenda
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B-2 project. Wishing to be heard was Mrs. James Jahn of 915 9th Avenue N. W.
and urged the Council to deny this project. Mayor Smekta spoke on
behalf of the Senior Citizens and stated the need for this type of
housing. James Jahn of 915 9th Avenue N. W., James Farness of 927 7th
Street N. W. and Don Boege of 805 9th Avenue N. W. would like the struct-
ure lowered a little. Peter Boulsalas stated that all the information
was presented in court and was upheld. Having no further citizens wishing
to be heard, President Pro-Tem Larson closed the hearing. Strain moved,
Solinger second to approve the final plan for this PUD and instruct the
City Attorney to prepare the necessary documents. Upon Roll Call vote,
Aldermen Allen voted nay. President Pro-Tem Larson chose not to vote.
Aldermen Gray, Powers, Solinger and Strain voting aye. Ayes (4), Nays (1)
Abstain (1). Motion carried.
B-3 A Hearing on the Replat of Outlot A,B, and C. Woodgate 1st Subdivision,
Final Plat. Wishing to be heard was Richard Hexum , applicant for this
replat. Urged the Council to approve this. Roger Plumb, City Engineer,
questioned the placement of the Watermain and discussed the best possible
way to put this in. After dicusssion by the Council it was to remain as
stated in the plat. Having no one else that wished to be heard, President
Pro-Tem Larson closed the hearing. Solinger moved, Strain second to adopt -
the prepared Resolution No. 397-77 approving the plat. Ayes (6), Nays
(0). Motion carried.
B-4 A Hearing on the Application for a Commercial Planned Unit Development
( Concept Statement ) for the Blondell Motel located at 1406 2nd St.
S. W. Wishing to be heard was Joe Weischelbaum,.Architect on behalf of
the Blondell Motel and stated the need for this, even though they were under
the square footage required of a PUD and were short of some parking.
The type of persons staying in the motel due to the fact St. Mary's is
close, parking was no problem. They had ample space. Having no one else
present that wished to be heard, President Pro-Tem Larson closed the
hearing. Powers moved, Allen second to proceed. Upon Roll Call vote,
Aldermen Allen, Larson, Solinger voted aye. Ayes (3), Aldermen Gray,
Solinger and Strain voting nay. Nays (3). This was a tie vote, and that
means a no vote. Motion denied.
F-1 Strain moved, Powers second to adopt Resolution No. 398-77 amending the
Land Use Plan for the area of S. W. Corner of 6th Avenue S. W. and 4th
Street S. W. for high density residential use. Ayes (5), Nays (A). Alderman
Allen voting nay. Motion carried.
F-1 Powers moved, Gray second to adopt Resolution No. 399-77 approving the
Final Plan of Northgate Plaza to be designed as PUD-R-33. Upon Roll call
vote, Aldermen Gray, Powers, Solinger , Strain and President Pro=Tem Larson
voting aye, Ayes (5), Aldermen Allen voting nay. Nays (1). Motion carried
F-1 Strain moved, Solinger second to adopt Resolution No. 400-77 approv.ing
the Plans of PUD-R-32 in Block 17 Head and McMahon's Addition ('Gooding
Property ) subject to the replacement of trees and is approved as a
final plan in accordance with Ordinance 1659. Ayes (5), Nays (1).
Alderman Allen voting Nay. Motion carried.
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RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 9 - July 5, 1977
Gray moved, Strain second to adopt Resolution No. 401-77 amending
Section B- No Parking Zones - Streets be adding paragraphs (106.5),
119.4, 132.5, 178.5, 215.5, and 219.5). Ayes (6), Nays (0). Motion
carried.
Powers moved, Solinger second to adopt Resolution No. 402-77 approvin4
a resolution of the Public Utility Board to enter into a contract agrE
rant with the Soil Exploration Company for the performance of a soil
boring test at the North Broadway Plant at a cost of not to exceed
$3,000. Ayes (6), Nays (0). Motion carried.
Powers moved, Allen Second to adopt Resolution No. 403-77 approving
a resolution of the Public Utility Board to enter into a contract
agreement with a qualified testing company for accomplishing a
performance test of the precipitators for Boilers I and II at the Sil,
Lake Plant at a cost of not to exceed $5,000. Ayes (6), Nays (0).
Motion carried.
Strain moved, Gray second to adopt Resolution No. 404777 approving a
resolution of the Public Utility Board to enter into a contract agrees
with the Railroad Division of the George F. Cook Construction Company
for the refit and repair of track and switches at the Silver Lake
Power Plant at a cost of $9,500.00 Ayes (6), Nays (0). Motion carrier
Powers moved, Solinger second to adopt Resolution No. 405-77 approvini
a resolution of the Public Utility Board to engage Texas Instruments,
Inc. of Dallas Texas to prepare the final 316-B Report as required
by the Pollution Control Agency not to exceed $22,500.00. Ayes (6),
Nays (0). Motion carried.
Solinger moved, Allen second.to adopt Resolution No. 406-77 approving
an.-agreementbetween. the City;of,Rochester and George C. Holter dba
Rochester City Lines, Co. providing financial assistance to the Compar
for its total operating deficit if any during the period of July 1,
.1977 to December 31, 1977. Ayes (6), Nays (0). Motion carried.
Gray moved, Strain second to adopt Resolution No. 407-77 approving
an owner contract between Yaggy Associates entitled Basic Constructi:o
in Green Meadows 5th Subdivision and certain improvements to Inter-
section of Greenview Drive S. W. and County Road # 8 and of Greenview
Drive S. W. and 16th Street S. W. and execute a contract with Green
Meadows and George Bailey. Ayes (6), Nays (0). Motion carried.
Aft -Ordinance ,Rezoning_ Cer.tai n:,property creating a Planned Unit Devel o
ment District known as PUD-F-31 - Residential for Lot 12, Block 4
Green Meadows Fifth Sub. ( Greenfield Village ) was given its second
reading. Strain moved, Powers second to adopt the Ordinance as read.
Ayes (6), Nays (0). Motion carried.
An Ordinance Rezoning certain Property creating a Planned Unit Devel
men t District known as PUD-R-32 and amending Ordinance No. 1659 in
Block 17, Head and McMahons ( Gooding Property ) was given its f'
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 9 - July 5, 1977
Agenda
Item
F-1 An Ordinance Rezoning Certain Property creating a Planned Unit Develop-
ment District known as PUD-R-33 and amending Ordinance No. 1659
Auditor 's Plat 6 ( Northgate Plaza ) was given its first reading.
F-1 An Ordinance Relating to Prostitution and Imposing penalties for
violation thereof amending Rochester Code of Ordinances, Section
200.010 and adding Section 200.015 was given its first reading.
Having no further business, Powers moved, Allen second to adjourn
the meeting until July 11, 1977 at 4:45 P.M. Ayes (6), Nays (0).
Motion carri.ed.
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City Clerk
Information: - July 5, 1977
1. Claim for Damage at 1716 - llth Avenue N. E. ( Metro Development
Company ) ref. Insurance, Attorney, and Public Services.
2. Referred to Planning and Zoning:
a. Request to convey property by metes and bounds. - Ervin G. Walt .
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