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HomeMy WebLinkAbout09-06-1977730 Agenda Item A-1 C-1 C- 2 D-1 D- 2 D-3 E-1 E-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 15 September 6, 1977 President Postier called the meeting to order at 2:00 P.M.,.the foll ing members being present: President Postier, Aldermen Allen, Larson, Powers, Solinger and Strain. Absent: Alderman Gray. Allen moved, Larson second to approve the minutes of the August 15 and 22, 1977 meetings. Ayes (6), Nays (0). Motion carried. Powers moved, Solinger second to approve the Mayor's appointment of Joseph N. Wagner of 404 Zumbro Drive N. W. to.the Rochester Housing a Redevelopment Authority. Mr. Wagner replaces Joseph Swalek who moved from the City. The term expires June , 1981. Ayes (6), Nays (0). Motion carried. Strain moved, Powers second to approve the Mayor's appointments to the Zoning Board of Appeals of James Novak 2251 Nordic Court.N. W. and Edw rd Hentges of 206 Third Street S. E. They replace Nels Talmo, Jr. and William Canfield. They are appointed for a three year term expiring September 1, 1980. Ayes (6), Nays (0). Motion carried. Mr. Fred Bradley wished to be heard regarding the Pornography legisla Mr. Bradley stated that his minor son ordered a Playboy magazine::thro U.S. mail, and he wanted this sort of thing to be controlled. He explained that magazines of this sort are found lying around the City and minors are exposed to these. Mr. Swanson, City Attorney,stated that the City Council could control this by zoning or the State Legislature could enact a law prohibiting this type of sales. This purchase however, was received by mail, and that is hard to control. Mayor Smekta stated that the Council should consider a change in the zone. Alderman Solinger stated that he was interested in controlling this matter and should be looked into, but that the best control is at home. Strain moved, Allen second to adopt the prepared Resolution No. 479-77 referring the petition for Sewer and water in 18th Avenue N. W. to ser, Western lst Subdivision to the Public Services Department for a feasibility report. Ayes (6), Nays (0). Motion carried. Mr. Richard Ehrick, Attorney for Teleprompter was present and sent a . letter to the Council regarding the application for rate adjustment. They requested a hearing to be held October 17, 1977. The.Council took no action at this time, but referred the matter to the Committee of the Whole. Larson moved, Allen second to approve the increase in long term park- ing rates from $1.75 to $2.00 for 24 hours at Air Terminal Parking Com pany at the Rochester Municipal Airport. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to approve the payment to McGhie and Bet for engineering services at the Rochester Municipal Airport in connect ion with Runway 20 concrete paving project, in the amount of $6,826.91 Ayes (6), Nays (0). Motion carried. Ion. jh the RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 731 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 September 6, 1977 Agenda Item E-3 Strain moved, Larson second to approve the payment to Progressive Contractors Inc. for work completed on concrete paving Runway 2-20 Lighting Runway 2-20 Glide Slope Grading Runway 12 at Rochester Municipal Airport in the amount of $290,910.77. Ayes (6), Nays (0). Motion carried. E-4 Solinger moved, Strain second to instruct Robert Freson, City Adminis- trator to execute the grant amendment from the Environmental Protectio Agency (EPA ) to conduct a sewer system evaluation survey. This in- volves cities of Rochester, Pine Island, Oronoco, Byron, Kasson and Dodge Center. This is pending subject to notification of approval from the Pine Island City government. Ayes (6), Nays (0). Motion carried. E-5 Strain moved, Powers second to instruct the City Administrator's office to obtain an appraisal and solicit bids to sell the alley between Hollands Cafeteria and the Chamber of Commerce Building, and include a`30 daytime limit. Ayes (5), Nays (1). Alderman Larson voting nay. Motion carried. Mr. Robert Patterson, Attorney for Leon atz of Holland's was present and questioned the Council when they ec.ided to go ahead and Out this alley uo.for bi.ds and the legality of using this procedure.Richard Ehriyk,,Developmgt Dist. Chairman also questioned this procedure on avai abillity to uture eve opers. E-6 Solinger moved, Powers second to approve the request from the Knights f Columbus to conduct a marathon for non-public education on Saturday, October 8, 1977. Ayes (6), Nays (0). Motion carried. E-7 Powers moved, Solinger second to approve the following9licenses.and bonds: Application to sell cigarettes from E.A. Danewick of the 4th Street Motel - 214 4th St. S. W. and Gerald Hodlsinson for Drive-In- akery and Coffee Shop 823 North Broadway; Application for an Auctioneers license received from Morris Atkinson of 3803 3rd Place N. W. and a bond in the amount of $500.00. Auctioneers from Normen Peterson of Wykoff, Minnesota and a bond in the amount of $500.00. Request for a Motion picture license for the year May 1, 1976 to ay 1, 1977 from Robert Toogood for the Starlite South Highway 14 and 2. The.'request received from Carlton Penz for permission to move a ouse from 100 block First Avenue N. W. to 900 Block East Center Street n September 15, 1977 was approved subject to the Consolidated Planning Department and Alderman James Powers checking the zoning and the location f this house on East Center Street. Ayes (6), Nays (0). Motion carried. E-8 arson moved, Strain second to approve the semi-monthly bills - list attached - in the amount.of $1,212,667.81. Ayes (6), Nays (0). Motion arried. E-9 owers moved, Solinger second to adopt the prepared Resolution No.480-, 7 awarding the 10 sedans ( Police cars ) to Adamson Motors �ith split seats and the trade-in option for the amount of $44,920.00 ith added $606.00 for seats. Ayes (6), Nays (0). Motion carried. arson moved, Strain second to adjourn the meeting until 7:30P.M. due o a meeting scheduled for 3:00 P.M. Ayes (6), Na- . Motion carri d. 732 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adiourned.Meeting No. 15 - September 6, 1977 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the follow- ing members being present: President Postier, Aldermen Allen arrived- 7:35 )- Larson, Powers, Solinger and Strain. Absent: Alderman Gray. B-1 A Hearing on the Deferred Assessment to Project No. 6216-3-71 ( J8372 ) Street Improvements in 16th Street S. W. from T.H. 63 to West Line Graham Addition. This is on the East 1/2 Lot 1, Block 1, Golden Hill Addition ( Plat 8380 Parcel 00100 ) and the amount is $2,047.00 and the address is 402 16th Street S. W..Having no one present that fished to be heard, President Postier closed the hearing. Powers moved, Strain second to adopt the prepared Resolution No. 481-77 accepting the assessments. Ayes (5), Nays (0). Motion carried. Alderman Allen arrived - 7:35 P.M. - B-2 A hearing on the application for approval of a Planned Unit Developmen ( Final Plan ) to be located at East Center and 7th Avenue S. E. (Design Vestors, Inc. ) No one present wished to be heard, President Postier closed the hearing. Allen moved, Larson second to approve the plan including the Public Services review and approval of the storm water run-off and _grading on'this property. Ayes (6), Nays (1). Alderman..Strain voting Nay. Motion carried. B-3 A hearing on the Petition to amend the Land Use Plan from low density residential use to commercial use for Lots 2,3, and 4 of the Highland Addition -- general area of 2114 Second Street S. W. Warren Randall of 2128 2nd St. S. W. was present and stated that he was not in favor of this. He asked if the electric shop was included in this change and was told it was. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Solinger second to procede with this plan and adopt the prepared Resolution No. 482-77. Ayes (6), Nays (0). Motion carried. B-4 A Hearing on the Request to amend the Planned Unit Development ( Final Plan ) of Candlewood Apartments. Alan LeQuia of 23 6th Street N. W. wished to be heard and was not in favor of this. He stated they owe bills and Candlewood should be made to pay for them before they build more. Mr. Swanson, City Attorney stated that we cannot enter into this type of statement. Having no one else present that wished to be heard President Postier closed the hearing. Strain moved, Sol-inger second to approve the plan. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Zone Change request for 19.2 acres of land located in the Northeast Quarter of Section 28, Cascade Township from B-lb ( Neighborhood Business ) District to R-3 ( Medium Density Residential District ) Mr. Terry Maus, Attorney for Marc Carpenter and George Grieve urged the Council's approval. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved Powers second to procede and instruct the City Attorney to prepare an ordinance making the change. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - September 6, 1977 B-6 A Hearing on the Petition to Change the Zoning District of the Land located at the Southeast Corner of 37th Street N. W. and 18th Avenue N. W. from R-1 ( Single Family ) to B-lb ( Neighborhood Business District ). Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to deny the change. Ayes (6), Nays (0). Motion carried. B-7 A Hearing on the Planning Commission initiated amendment to the Land Use Plan for the General Area of the West Boundary of Hillside School East to Highway 52 for Property adjoining Second Street S. W.; Not including the general area of 2114 Second Street S. W., from Low Density Residential Use to Commercial Use. Cedric Schultz of 2222 2nd Street S. W. wished to be heard and wanted to know how this chang came about. President Postier stated the Planning Commission initiat d it. Warren Randall of 2128 2nd St. S.W. wished to be heard and was opposed to this change. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Strain second to approve the change and instruct the City Attorney to prepr a resolution that can be adopted. Ayes (5), Nays (1). Alderman Allen voting nay: Motion carried. B-8 A Hearing on the Application for approval of the Final Plat of Northgate Plaza l.st Subdivision. James Jahn of 915 9th Avenue N. W. was present and opposed this change. He represented the neighborhood and also stated they did not like the high density of the building. Having no one else present that wished to be heard, President Postier continued the hearing until September 19, 1977. The Final Plat was not returned to the Planning Department as of this date. B=9 A Hearing on the Application for approval of a Planned Unit Develop- ment ( Concept Statement) for the Property located on Blocks 4,5, and 6 and Lots 10-22, Block 7, Homestead Addition. Harold Stewart of 1535 Graham Court was opposed to the PUD:being put on the land. He was not opposed to the division of the land. Mary Moylan of 1426 Graham Court S. E. presented costs of the housing, stated concer. s of possible flooding if they fill in land and was..opposed to this PUD James McDonagh, Consulting Engineer, representing the owners was present and stated that they would not have a flood problem. The DNR and engineering firms have checked this and will have no problems from Mayo Run and Bear Creek. The Corps of Engineers.have also stated they would have no problem. The local HRA also supports this PUD. Mr. McDonagh also stated that they have no intention of putting 15th Avenue through the area into Graham Court. After: discussion by the Council, Clair Siebert of 1438 Damon Court was concerned about the potential traffic this might create. Robert Burnette of 1436 Damon. Court was concerned about the size of dwellings. President Postier stated this is only a concept plan and is not available at this time. Arnold Thompson of 1438 Graham Court questioned what is the common open area. President Postier stated that this is only in a concept state and the Council has a chance to vote on the Final Plan later. 733 Mary Moylan again stated that she is concerned about the flooding potential. Alderman Larson stated his concern for adequate drainage 734 4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - September 6, 1977 Agenda Item B-9 Mr. Thomas Moore Planning Director stated that if the DNR and other agencies stated there were no problems, then we should take their word. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Solinger second to approve the concept plan. Ayes (5), Nays (1). Alderman Larson voted nay. Motion carried. E-10a Strain moved, Solinger second to approve the Mayor's appointments of the following individuals to the Rochester Police Department for the position as Patrolman effective September 19, 1977. Mark R. Wood, Patrick M. Donnelly, Gerald P. Krause, Michael J. Halloran, Michael D Vik, Timothy J. O'Malley, Jerald Johnson, John M. Edwards, Steven J. Johnston, Allan W. Kuehl, John O'Neil, Russell J. McFarlane, Michael P. Garry, and Terry L. Mays. Ayes (6), Nays (0). Motion carried. E-10 Powers moved, Solinger second to adopt Resolution No.482A-77 approvinc and authorizing the City Clerk to advertise for bids for copy machine for City Hall. Bids will be received until 11:00 A.M. on September 15, 1977. Di:scuss.ion was held by!the Council. Ayes (4), Nays (2). Alderman Larson and Allen voting Nay. Motion carried. E-11 Larson moved, Allen second to approve the.1976 Financial Report and ordered it placed in the official City files. Ayes (6), Nays (0). Motion carried. E-12 Strain moved, Solinger second to approve the petition to annex the property located south of 20th Street S. E. , between 8th Avenue S. E, and llth Avenue S. E. Ayes (5), Nays (0). Alderman Powers abstained. Motion carried. E-13 No action was taken on the "Bank - Restaurant" - Downtown Development District Proposal. E-14 Powers moved, Allen second to adopt Resolution No. 483-77 vacating that part of 44th Avenue N. W. East of Lot 1, Block 5, Manor Woods First Subdivision. Alderman Allen recommended that Johnson Drake and Pieper also dedicate a portion of 3rd Street N. W. for access to the park. Aldermen agreed and instructed the City Attorney to look into the details. Ayes (6), Nays (0). Motion carried. E-15 Allen moved, Strain second to adopt Resolution No. 484-77 initiating annexation proceedings of Lots 505 through 511 17th Avenue N. W. (VogE Advertising ). Ayes (6), Nays (0). Motion carried. E-16 Strain moved, Allen second to adopt Resolution No. 485-77 awarding the contract for Traffic Signal and Street Lighting system at the intersection of East Center Street and 2nd Avenue to H. & H Electric for $52,652.00. Ayes (6), Nays (0). Motion carried. E-17 Solinger moved,.Strain second to adopt Resolution No. 486-77 approvinc the proposal for Engineering Services for Project No. 5014-1-77 J 8604 a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 735 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - September 6, 1977 Agenda Item E-17 for basic improvements in Homestead Addition south of Mayo Run including 8 1/2 Street S. E. from Homestead Village to the east line of Homestead Addition. Ayes (6), Nays (0). Motion carried. E-18 Strain moved, Allen second to adopt Resolution No. 487-77 approving a feasibility report and ordering a hearing to be held on October. 17,1977, on Project No. 7704-0-77 J 8597 on Sanitary Sewer extension from the Northwest Trunkline Sewer to Serve the S 1/2 of the SE 1/4 Section 9, Cascade Township. Ayes (6), Nays (0). Motion carried. E-19 Allen moved, Strain second to adopt Resolution No. 488-77 awarding the contract for Traffic Signals at 4th Avenue and 5th Street N.-W. to H & H Electric for $38,092.00. Ayes (6), Nays (0). Motion carried E-20 Powers moved, Allen second to adopt Resolutions No. 489-77 and 490- 77 declaring the costs to be assessed and ordering a hearing on New.Sidewalk Project No. 4-1976 J 8554. Date of hearing will be October 17, 1977. Ayes (6), Nays (0).Motion carried. E-21 Allen moved, Larson second to adopt Resolution No. 491-77 awarding the contract to Doyle Conner Company of Rochester on Project No. 48 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 ramps at the NE Corner of 1st Avenue and 1st Street S. E. and at the SE Corner of S. Broadway and 2nd Street S. E. Ayes (6), Nays (0) . Motion carried. E-22 Allen moved, Larson second to adopt Resolution No. 492-77 awarding the contract to Doyle Conner Company of Rochester on Project No. 6315-3-76 J 8558 Curb and Gutter on Both sides of 15th Avenue S. W. from 6th to 7th Street S. W. and on the North Side of 7th Street from 15th Avenue to 132 feet East. Ayes (6), Nays (0). Motion carried. E-23 Powers moved, Strain second to adopt Resolution No. 493-77 approving the supplemental agreement'cover.ing a reimbursement rate increase for the City of Rochester from the State of Minnesota Department of Transportation for State Trunk Highway maintenance: Ayes (6), Nays (0). Motion carried. E-24 Strain moved, Allen second to adopt Resolution No. 494-77 approving the contract between the State of Minnesota, Department of Transport- ation and the City of Rochester for supplemental Transit Aid thru December 31, 1977. Ayes (6), Nays (0). Motion carried. E-25 Solinger moved, Strain second to instruct the City Attorney to;prepar( a:.Reso.lution authorizing the execution of an agreement between the State of Minnesota , Department of Transportation and the City of Rocl ester covering the cost , maintenance, and operation of a traffic control signal on T.H. 63 ( Broadway ) at 13th Street and 14th.Street North and lighting on Bridge 5859 in Rochester. Ayes (6), Nays (0). Motion carried. Resolution No. 494a-77 736 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E- 26 E- 27 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 Strain moved, Allen second to instruct the City Attorney to prepare a resolution for proposal of engineering services for Project No. 7707- 1-77 J 8605 for basic improvements in Conway and Dashow Subdivision. Ayes (6), Nays (0). Motion carried. Allen moved, Larson second to adopt Resolution No. 495-77 deleting paragraph (26) of Section E, Passenger Loading Zones ( Brown Hotel ) Ayes (6), Nays (0). Motion carried. An Ordinance relating to the building code of the City of Rochester and projections into public right-of-way; amending Rochester Code of Ordinances Section 70.020 as amended by Ordinance No. 1793 was gi its second reading. Allen moved, Strain second to adopt the Ordinar as read. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning certain property creating a Planned Unit -Development District known as PUD-R-35 and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, ( Design Vestors, Inc. ) was given its first reading. Strain moved, Powers second to adopt Resolution No. 496-77 approving the Planned Unit Development to be known as PUD-R-35 in Lots 3,4,5, 6,: and 8 of Minnie Aries Subdivision of Lot 8, in State Subdivision ( Design Vestors., Inc. ). Ayes (6), Nays (0). Motion carried. This is subject to the condition that catch basins connect to the store sewer on 7th Avenue S.E.&, be' installed at the parking south of the vacated alley and that parking lot areas be graded to prevent accessi runoff to adjoining residential areas. .. Powers moved, Solinger second to adopt Resolution No. 497-77 approvi an amendment to Candlewood PUD-R-11. Ayes (6), Nays (0). Motion carried. An Ordinance Rezoning Certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesot to R".3 Medium Density Residence District in the NE 1/4 of Section 28, T 107N Range 14West - Marc Carpenter- was given its first reading. Powers moved, Solinger second to adopt Resolution No. 498-77 amending the Land Use Plan with respect to property in the vicinity of Second Street S. W. from the West Boundary of Hillside School East to Highwa 52 not including the Q'neral Area of 2114 Second Street S. W. Ayes (6 Nays (0). Motion carried. Allen moved, Powers second to adopt the prepared Resolution No. 499-7� authorizing the Mayor and City Clerk to sign an agreement with Fraser Construction Company for disposal of tree debris. Ayes (6), Nays (0), Motion carried. Powers moved, Allen second to adopt Resolution No. 500-77 approving an agreement for engineering services between Wallace, Holland Kastle I Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 737 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15- September 6, 1977 Schmitz & Company and the City of Rochester pertaining to engineering services in Conway and Dashow Subdivision ( City Project No. 7707-1-7; Ayes (6), Nays (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 501-77 approving., a resolution of the Public Utility Board to purchase from George A. Baihly 1.93 acres of land in N1/2 of SW 1/4 of Section 10, Township 106N, Range 14West for $7,500.00 Ayes (6), Nays (0). Motion carried. Larson moved, Powers second to adopt Resolution No. 502-77 approving a resolution of the Public Utility Board to enter into a contract agreement with Architectural Design Group,• Inc. to provide roof maintenance inspection and preparation of necessary plans and specs for the roofs of Silver Lake Plant and business office at 506 First Avenue N. E. at a cost of not to exceed $2,500. Ayes (6), Nays (0). Motion carried. Powers moved,: Allen second to adopt Resolution No. 503-77 approving a resolution of the Public Utility Board to enter into a purchase order agreement with S. E. Meyers, Inc. of Akron, Ohio to clean the interior and restore the insulating oil to minimum qualitative standards for six power transformers at a cost of $2;430.00. Ayes (6; Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution -No. 504-77 approvi a resolution of the Public Utility Board to enter into a purchase order agreement with Feed -Rite Controls, Inc. for furnishing one advance gas chlorinator model 271 at a cost of $1,885.00 Ayes (6), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 505-77 approvi a resolution of the Public Utility Board to enter into a contract wi Pfeifer and Shultz/ HDR, Inc. to provide consulting services, Plans and specs for a water well and building in Country Club Manor N.W. at a cost of $14,500.00 Ayes (6), Nays (0). Motion carried. Larson moved, Powers second to adopt Resolution No. 506-77 approving a resolution of the Public Utility Board to enter into a contract amendment No. 1 with TenEch Environmental Consultants , Inc.whi_ch. amer Article 3 of the Original Agreement relating to the payment schedule. Ayes (6), Nays (0). Motion carried. Powers moved.; Allen second to adopt Resolution No. 507-77 approving a resolution of the Public Utility Board to enter into a lease agree- ment -with Chicago and North Western Railway Company to maintain and use chemical waste disposal lines upon property and under the tracks of the Company. Ayes (6), Nays (0). Motio-n carried. Allen moved, Larson second to adopt Resolution No. 508-77 approving a resolution of the Public Utility Board to enter into a purchase order agreement with Tri-State Tire Company for furnishing four tires for a Michigan Loader at a cost of $4,352.00. Ayes (6), Nays (0). Motion carried. ds A 738 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Ad.iourned Meetin4 No. 15- September 6. 1977 Agenda Item y LIerK S Information : September 6, 1977 1. Minutes of Standing Committee- August 29, 1977 2. Letter from -Dennis Peterson re:Injury to Dorothy Jean Hagen ( Referred to City Engineer and Insurance Officer ) 3. Letter from Marie Koblitz re: Injury claim ( Referred to City Attorney and Insurance Officer ) 4. Referred to Planning and Zoning Commission: A. Petition for.annexation of Lot 1, Block 2, Golden Hill Add'n Rochester Township a