HomeMy WebLinkAbout08-15-1977RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
723:1
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - August 15, 1977
Agenda
Item
A-1 President Pro-Tem Larson called the meeting to order at 7:30 P.M.,
the following members being present: President Pro-Tem Larson,
Aldermen Allen, Gray, Powers, Solinger and Strain. Absent: President
Richard Postier.
Gray moved, Allen second to approve the minutes of the August 1, 1977
meeting with the correction to E-8 should read Upon Roll.Call vote,
Aldermen Allen, Larson, Powers Strain and President Postier voted
aye. Ayes (5). Aldermen Gray and Solinger voted nay - Nays (2). Motior
carried. Ayes (6), Nays (0). Motion carried.
B-1 An Informational Hearing on the Proposed Improvements of.U. S. Highway
52 between 2nd Street S. W. and 19th Street N. W. Wishing to be hearc
was Mr. Richard Klobuchar of the Minnesota State Department of Trans-
portation and presented the map and explained the various ramps enter-
ing and exiting the bridges, improvements to intersections and repair!
which will be made. He explained that persons wishing specific infor-
mation could make an appointment with him•at the Highway Department
and he would explain the project to them. Having no one else wishing
to be heard, President Pro-Tem Larson closed the hearing. No Action
was needed by the Council.
B-2 A Hearing on the Proposed Amendment Pertaining to the Interpretation
of Paragraph 66.308 of the Zoning Code. Having no one present that
wished to be heard, President Pro-Tem Larson closed the hearing.
Strain moved, Powers second to instruct the City Attorney to prepare
an Ordinance making the changes that can be adopted. Ayes (6), Nays
(0). Motion carried.
B-3 A Hearing on the Application for a Planned Unit Development ( Final
Plan ) for the property located at 1426 and 1430 4th Avenue S. E.
Wishing to be heard was Floyd Whipple and stated he would answer any
questions that the Council may have. Alderman Gray was wondering
why the parking stalls were below the standard amount required in PUD
Mr. Whipple stated that he had ample parking. Having no one else pre!
President Pro-Tem.Larson closed the hearing. Powers moved, Solinger
second to instruct the City Attorney to prepare an Ordinance for
adoption. Ayes (6), Nays (0). Motion carried.
B-4 A Hearing on the Land Use Plan Change from Commercial Use to Medium
Density Residential Use for Property located in the NE 1/4 Section
28, Cascade Township. Wishing to be heard was Terance Maus; Attorney
on behalf of -.the applicants. He urged the Council to change 5 acres
in the NW corner to remain as commercial and the remaining 19 acres
to medium density. Having no one else present that wished to be
heard, President Pro-Tem Larson closed the hearing. Solinger moved,
Gray second to instruct the City Attorney to prepare a resolution
to proceed with the change based on the 5 acres remaining commercial
and 19 acres to medium density. Ayes (6), Nays (0 ). Motion carried.
B-5 A Hearing on the Petition to change the zoning district from R-1
s,
ent
722
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
B-5
IM
B-7
•
C-1
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - August 15, 1977
( Single Family Residential ) to R-2 ( Low Density Residential )
District on the 100 Block located between 8th and 9th Street N. W.
Wishing to be heard was William Voelker representing Frank Siebenaler
of 5810 Manor Court N. W. He encouraged the Council to approve the
application. He stated that almost all of the buildings in that
area are absentee ownership'and should be rezoned. Mr. Roger Plumb
Public Services Director stated that he never received an application
for a building permit on the rental unit and would like to see this
problem solved. Mr. Robert Hague, City Building Inspector stated that
the District Court denied this change and the applicant was notified
of the violations regarding the lack of building permits. Mr. Frank
Siebenaler wished to be heard and stated that he got a permit to start
this building, but problems occurred. He has units No. 19 and 23. He
has a rental unit permit for # 23 but not for No. 19. He stated that
renters have stayed in the rooms for a long time and the only complain -
was when the Samaritan Nursing Home was built, the tenants: complained
about dirt. He also stated that he has a minimum amt. of cars now
according to what he could have. Alderman Gray stated he•didn't.like
the idea of large rezoning. Having no one else present that wished to
be heard, President Pro-Tem Larson closed the hearing. Gray moved,
Powers second to refer..this back to the Planning and Zoning Commission
for future consideration on just his part of the property. Ayes (6),
Nays.(0)._ Motion carried.
1 Hearing on the Petition -to vacate the service Direct easement along
8th Avenue N. W., over Lots 11 and 12, Allendale Subdivision. Having
io one present that wished to be heard, President Pro-Tem Larson close)
:he hearing. Gray moved, Strain second to instruct the City Attorney
:o prepare a resolution vacating the easement. Ayes (6), Nays (0).
lotion carried.
1 Hearing on the Petition to vacate a portion of 5th Street N. E.Havi
io one present that wished to be heard, President Pro-Tem Larson
A osed the hearing. Powers moved, Strain second to instruct the City
Ittorney to prepare a resolution vacating the street. Ayes (6), Nays
0). Motion carried.
1 Hearing.on the petition to annex Lots 1-10 and 16 - 28 of Block 1,
:nollwood Acres: Wishing to be heard was John Wees of 2011 3rd Avenue
W. and wished that the Lots 6-9 of Block 2, Knollwood Acres be
ncluded as part of the annexation. Mr: Swanson, City Attorney stated
;hat this would have to be done separately under a new petition.
laving no one else present that wished to.be heard, President Pro-Tem
.arson closed the hearing. Allen moved, Solinger second to proceed
iith the annexation and instruct the City Attorney to prepare an.
Irdinance for adoption. Ayes (6), Nays (0). Motion carried.
� Hearing on Annexation of Block 4 , Highland Addition was not heard,
:his had to be sent to the Municipal Commission. No Action was taken.
Alen moved, Gray second to approve the appointments to the Cable T.V.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - August 15, 1977
C-1 Refranchise Committee as follows: Dick Ulland, 1310 22nd Street N. W.;'
Tom Doyle 2204 17th Avenue N. W.; Jim McNary 411 16th Avenue S. W. ;
John Herrell 1213 6th St. S. W.; Dave Shulman 2026 Telemark Court N. W
Ken Stoltenberg 1413 12th Avenue N. E.; Judith Ellen Brown 3116 14th
lvenue N. W.;,Tony Padilla 3559 6th Place N. W.; and Nancy Hart of 601
16th St. S. W. Ayes (6), Nays (0). Motion carried.-
C-2 Powers moved, Strain second to approve the appointment to the Building
Code Board of Appeals as follows: Wayne G. Savola 2427 Viking Ct. N. W.
to replace Roger Toulouse term to expire in November, 1977. Richard
Hexum of 805 19th St. N. W. to fill the term of Herschel Hoaglan. Term
to expire November, 1977..Ayes (6), Nays (0). Motion carried.
E-1 Strain moved, Allen second to approve and authorize the City Administri
tor, Robert Freson to execute the amendment # 3 to Step I Planning Graf
for Sewage Treatment Plant Upgrade in order to conduct an archeological
reconnaissance survey of the proposed route of an outfall sewer, and
forward the.necessary documents to the Minnesota Pollution Agency.
yes (6), Nays (0). Motion carried.
E-2 as not included as part of the business transacted.
E-3 Powers moved, Gray second to approve the prepared Resolution.No. 456-
77 authorizing the employment of an appraiser of the Gore Development
( First Phase) on the East half of Block 48 Original Plat. Ayes (6),
Nays (0). Motion carried.
E-4 lien moved, Gray second to approve the following licenses and bonds.
larence R. Olson dba Backdahl and Olson Plumbing and Heating Company
f.3157 Chicago Avenue Minneapolis, Minn. for a Master Plumbers Licensi
bond in the amount of $1,000. was submitted. Application for a 3.2
eer license from Thomas E. Gauthier for St. Pius Church at Kutsky Parl
or August 28, 1977. Application for a dance permit for the Police
enevolent for the annual Policemen's Ball held September 16, 1977.
pplication to connect Sewers and Drains received from Cris L. Petersof
f Peterson's Sewer and Water.. Service 816 2nd Avenue N. W. A Bond in
he amount of $1;000. was submitted. Request permission to move a
garage from Charles W. Silvernagle of 1023 3rd Avenue S. E. from 1903
st Avenue S. E. to 2450 30th Avenue S. E. on August 3, 1977; From Kent
Ibach of 874 9th Avenue S. E. to move a garage from 7 7th Avenue S. E.
0 874 9th Avenue S. E. Request to conduct an auction at Shell
4ten
ation on North Broadway Wed:•. Evening August 24, 1977. A Bond has
received. Ayes (6), Nays (0). Motion carried.
E-5 3train moved, Allen second to adopt Resolution No. 457-77 authorizing
he.City Clerk to advertise for 10 police cars. Bids to be opened at
1:00 A.M. August 31, 1977. Ayes (6), Nays (0). Motion carried.
E-6 Powers moved, Allen second to approve the semi -,monthly bills ( list
tttached ) in the amount of $138,975.06. Ayes (6), Nays (0). Motion
arried.
723
E-7 Variance to the Subdivision Ordinance pertaining to the platting of the
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E- 7
ME
99
Adjourned Meeting No. 13 - August 15, 1977
Conway-Dashow property located North of 55th Street N. W. Wishing to I
heard regarding this was Mr. Robert Dashow, petitioner and desired to
have the provision for presenting a preliminary plat waived and let thi
present a final plat to speed up the process so they can start on the
grading etc. yet this fall. Mr. Roger Plumb, Public Services Engineer,
stated that they need easements for sewer and water extension and
they would have to design a water tower etc. This would not be done
until 1978, and there would be no hurry on the platting. Mr. Dashow
stated that they-woul-d li.ke to start onahe grading yet, and they had
made provisions on easements for putting in a water tower. Mr. Dashow
stated that their engineering firm told them that by having the final
plat they could get started doing this yet this fall. Mr. Thomas Moori
Planning Director stated that he wanted a mock up of the plat brought
to his office before it is finalized so if they had any questions, it
could be solved at this time. Mr. Plumb stated they could work around
this also, but to stress that water and sewer easements are needed, an(
that the water tower would be built in 1978. Having no one else that
wished to speak, Strain moved, Solinger second to approve the variance
with the provision that the applicant provide.Planning and Zoning with
a mock up of the plat and to give up the necessary easements that is
required from the Public Services Department, and adopt the prepared
Resolution No. 458-17 granting this variance. Ayes (6), Nays (0).
Motion carried.
Allen moved, Strain second to proceed with the petition to annex the
south half of 20th Street S. E. between 3rd Avenue S. E. and l.lth
Avenue S. E. ( Mayo Foundation, Libby McNeil, Libby, Inc. and Wilmarth
Corporation ) and instruct the City Attorney to prepare an ordinance
for adoption. Upon Roll Call vote, Aldermen Allen, Solinger, Strain ai
President Pro-Tem Larson voted Aye. Ayes (4), Nays (0). Aldermen Gray
and Powers -abstained. Motion carried.
The Petition to annex the property located south of 20th Street S. E.
between 8th Avenue S. E. and llth Avenue S. E. ( Mayo Foundation )
was referred to another meeting. No action was taken.
E-10 The petition to vacate 5th Avenue S. E. located between 4th and 5th
Street S. E. was discussed by the Council. Alderman Strain stated that
he was not in favor of vacating this because some future date we may
need this property to comply with the standards set forth in the flood
plain plan, and until that time, he is in favor of letting this remain
used as a parking lot run by the manager of the estate Milton Coppe,
anaging the estate of his mother. Wishing to be heard was Milton
Coppe and stated he was present if any questions were asked by the
Council. Roger Plumb, Public Services Director stated that dust from
this road and parking lot were creating hazards with departments near
y and that it was fouling up the meter on the health department roof
ecause of all the dust. Alderman Strain stated if this can't be work -
Rd out with Mr. Coppe to maintain this road, either barracade it or
ave it. Mr. Swanson, Ci.ty Attorney :stated that a contract could be
orked out between Mr. Coppe, Public Service Department and the City.
train moved, Gray second to instruct the City Attorney to prepare a
ie
R
RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL
. CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No_ 13 - August 15, 1977
Agenda
Item
E-10 contract either barracading this or paving this portion. Ayes (6),
Nays (0). Motion carried. Strain moved, Gray second to deny the
petition to vacate the street. Ayes (6), Nays (0). Motion carried.
E-11 Allen moved, Gray second to adopt. -.the prepared Resolution No. 459-77
uthorizing the City Clerk to advertise for bids on Project No. 4820-
77 J 4240 Repair of Concrete pavement on 1st Avenue S. W. between 2nd
Street S. W. and 3rd Street S. W. plus construction of wheel chair raml
at the Northeast Corner of 1st Avenue and 1st Street S. W. and at the
Southeast Corner of South Broadway and 2nd Street S. E. Bids to be
opened at 11:00 A.M. August 31, 1977. Ayes (6), Nays (0). Motion
carried.
E-12 Gray.moved, Strain second to adopt the prepared Resolutions No. 460-77
and 461-77 declaring the costs to be assessed and ordering preparation.
f the assessment roll and ordering a hearing on the Project No. 6110-'
( J 8543) Watermain extension in 20th Street N. 14. from Telemark Lanes
N. W. ,to llth Court N. W. in Hil.lview ReSubdi.vision ( Feather Sound )
Date of hearing is September 19, 1977 at 7:30 P.M. Ayes (6), Nays (0)
Motion carried.
E-13 Powers moved, Gray second to adopt the prepared Resolution No. 462-77
authorizing the City Clerk to advertise for bids on Project No. 6315-3•
6 J 8558 Curb and Gutter on both sides of 15th Avenue S. W. from 6th
treet to 7th Street S. W. and on the north side of 7th Street S. W.
rom 15th.Aven'ue to 132 feet east. Bids to be opened on August 31,
977 at 11:00 A.M. Ayes (6), Nays (0). Motion carried.
E-14 k1len moved, Powers second to adopt Resolution No. 463-77 authorizing
he Commissioner of Highways,to act on behalf of the City of Rochester
o receive approval from the Federal Highway.Administration for eligib'
ederal Aid funds on 1. CBD.Street System; 2. CBD Traffic Signal
ystem and 3. Grading and Paving of 20th Street S. E. during the
978 calendar year. Ayes (6), Nays (0). Motion carried.
E-15 11en moved, Solinger.second to refer the Proposed Land Acquisition an(
and Disposal Policies for the Downtown Development District back to
he Committee of the Whole for further discussion. Ayes (6), Nays (0),
otion carried.
E-16 olinger moved, Allen second to adopt Resolution No. 464-77 referring
he petition for Sanitary Sewer and Watermain in 31st Place.N. W. to
Jerve Lots 23 and 24 between T.H. 52 and 20th Avenue in Allendale
ubdivision to the Public Services•.Department for a feasibility report
yes (6), Nays (0). Motion carried.
E-17 owers moved, Strain second to approve the request to conduct Forget-m(
of Drive from the Disabled American Veterans in Rochester from Septeml
O through September 17, 1977. Ayes (6), Nays (0). Motion carried.
E-18 owers moved, Allen second to approve the expenditure not to exceed
'S
e
r
725
726
E-18
E-19
E- 20
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 13 - August 15. 1977
$2,000. for additional water quality data collection by TenEch
Environmental Consultants, Inc. Ayes (5), Nays (1). Alderman Strain
voting nay. Motion carried.
Solinger moved, Powers -second to approve the application of a Planned
Unit Development -.(.Preliminary Plan ) to be known as the Real Estate
Center Planned Unit Development and located at the intersection of
37th Street and 18th Avenue N.,W. Ayes (6), Nays (0). Motion carried.
Allen moved, Gray second to approve the preliminary plat of the
Replat of Lot 23, Allendale Addition subject to the additional easemen-
requested by the Public Utility Department. Ayes (6), Nays (0). Motioi
carried.
An Ordinance relating to the Zoning,, Development Districts, and regula
use of property was given its second reading. Allen moved, Strain
second to adopt the ordinance as read. Ayes (6), Nays (0). Motion
carried.
An Ordinance Relating to Zoning and Two -Family Dwellings; amending
Rochester Code of Ordinances pertaining to the.conversion of,homes
40 years or. older on lots 'on houses with more then 1500 •sq ft to
R-2 or two family dwellings, was given its first reading.
An Ordinance Rezoning certain property creating a Planned Unit Develop•
ment_District known as PUD-R-34 and amending Ordinance No. 1659 on
Lot 18, Block 2, Meadow Park Sixth Subdivision ( Floyd Whipple ) was
given its first reading.
Strain moved, Allen second to adopt Resolution No. 465-77 approving
the PUD-R-34 ( Floyd Whipple ) for Lot 18, Block 2, Meadow Park
Sixth Subdivision. Ayes (6), Nays (0). Motion carried.
Strain moved, Solinger second to adopt the Resolution No. 466-77
amending the Land Use Plan to designate certain property for medium
density residential use that excludes the commercial area of that
site. Ayes (6), Nays (0). Motion carried.
Strain moved, Allen second to adopt Resolution No. 467-77 vacating the
service drive easement platted and granted across Lots 1,2, and 3 Blocl
1, and Lots 1,2, and 3, Block 2, Replat of Lots 11 and 12 AllendaTe
of Section 22, T. 107 N and R 14W. Ayes (6),Nays (0). Motion carried.
Powers moved, Solinger second to adopt Resolution No. 468-77 vacating
a portion of 5th Street N. E. and 2nd Avenue N. E. for the Public
Utility Plant. Ayes (6), Nays (0). Motion carried.
An Ordinance Annexing to the City of Rochester Minnesota certain plattl
land in Knollwood Acres and establishing the zoning there -of. Land is
Lots 1 through 10 and Lots 16 through 28 of Block 1, Knollwood Acres
( 12 acres )) zoned11as follows:22Lots 16-18 Bloofck 1 B-3 General Business
astgivenaitssL first reaIing19 GrayomovedOngolingeV seconedn o.sDuspendct'
ing
J
I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
-Adjourned Meeting No_ 13 - August 15, 1977
Agenda
Item
F-1 the rules. Upon Roll Call vote, Aldermen Allen, Gray, Powers, Solingei
and Strain and President Pro-Tem Larson voted aye. Ayes (6), Nays (0)
Motion carried, and the Ordinance was given its second reading.
Solinger moved, Allen second to adopt.the Ordinance as read. Ayes (6
Nays (0). Motion carried.
F-1 An Ordinance relating to the Establishment of Truck Routes in the
City of Rochester; amending Rochester Code of Ordinances Section
144.010, was given its first reading.
F-1 An Ordinance Annexing to the City of Rochester Minnesota certain
unplatted land not exceeding 200 acres in area situated in Section
13, Township 106'North,Range 14 West, Olmsted County, Minnesota
Libby McNeill Libby, was given its first reading.
F-1 Gray moved, Solinger second to adopt Resolution No. 469-77 authorizi
payment -to Gary McAllister of $506.25 which represents a permanent
partial disability based upon the above impairment of injury to his
right ring finger on January 16, 1976. Ayes (6), Nays (0). Motion
carried.
F-1 Powers moved.Solinger Second to adopt Resolution No. 470-77 approving
an owner contract with R.L. Hexum, Sr. , R.L. Hexum, Jr. and Joyce
Equipment Company for Grading and Surfacing, Sanitary Sewer, Storm
Sewer Watermain and Service Connections. in the Replat of Out.lots A,
B and C. of Woodgate lst Subdivision. Ayes (6), Nays (0). Motion
carried.
F-1 Powers moved, Solinger second to adopt Resolution No. 471-77 approvi
an owner contract with Marc F. Carpenter and George R. Grieve for
Grading and Surfacing, Sanitary Sewer, Storm Sewer , Watermain.and
service connections in Northridge Second Subdivision. Ayes (6),
Nays (0). Motion carried.
F-1 Allen moved, Gray second to adopt Resolution No. 472-77 approving
a resolution of the Public Utility Department authorizing them to
purchase Lot 1, Block 6, Manor Woods First Subdivision as a well site
for Country Club Manor at a cost of $2,950.00 plus assessments. Ayes
(6), Nays (0). Motion carried.
F-1 Powers moved, Solinger second to adopt Resolution No. 473-77 approvirn
a resolution of the Public Utility Department authorizing a contract
with Pfeifer and Shultz HDR, Inc. for engineering services to determii
the cause of periodic dust emission at Silver Lake Plant and recomme rn
measures as pertaining to connections at a cost of $10,000.00 Ayes
(6), Nays (0). Motion carried.
F-1 Powers moved, Gray second to adopt Resolution No. 474-77 approving a
resolution of the Public Utility Department authorizing a purchase
order agreement with Road Machinery and Supplies for furnishing parts
for tractor model $1.25 III A at a cost of $1,503.25. Ayes (6), Nays
(0). Motion carried.
72'7
Agenda
Item
F-1
F-1
F-1
F-1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 13 - August 15, 1977
Strain moved, Allen second to adopt Resolution No. 475=77 approving a
resolution of the Public Utility Board authorizing entering into a
purchase order agreement with Crescent Electric Company for meters at
cost of $7,800.00 Ayes (6), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 476-77 approvinc
a resolution of the Public Utility Board to enter into a purchase
order agreement with Crescent Electric Supply for cables at a cost of
$6,416.25 Ayes (6), Nays (0). Motion carried..
Strain moved, Gray second to adopt Resolution No. 477-77 approving a
resolution of the Public Utility Board to enter into a purchase order
agreement with International Business Machines for Data Entry System
at•a cost of $3,612.00.Ayes (6), Nays (0). Motion carried.
Powers moved, Allen second to adopt Resolution No. 478-77 approving
a resolution of the Public Utility Board approving a contract with
Lysne Construction Company for furnishing coal handling and fuel oil
storage equipment for the North Broadway Plant. Ayes (6), Nays (0).
Motion carried.
Having no further business, Allen moved, Gray second to adjourn the
meeting until September 6, 1977 at 2:00 P.M. Ayes (6), Nays (0).
Motion carried. n 1
City Cler
Information - August 15, 1977
1.. Minutes from C.O.W. August 8, 1977
2. Minutes from C.O.W. August 1, 1977
3. Minutes from C.O.W. July 25, 1977
4. Referred to Planning and Zoning Commission
1. Petition for annexation of N.E. Quarter of Section 14,
Township 106 Range 14 Olmsted County.
5. Letter from Dingle and Suk Ltd. RE; Bel Air Fourth Subdivision
a
I