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HomeMy WebLinkAbout10-03-1977r pal /3 7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - tl/LAG CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - October 3, 1977 Agenda Item A-1 President Postier called the meeting to order at 2:00 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 September 6, 19, and 26th meeti.ngs with the following correction. The meeting of September 119,1977 Item E-1 should read to include " Aldermen agreed to delete llth Avenue from 4th Street to 12th Street S. E. from the Plan. Having no further corrections,'the minutes were approved. Ayes (7), Nays (0). Motion carried. C-1 Solinger moved, Powers second to approve the following appointments by the Mayor to the Rochester Police Department: Donald D. Hodkinson, 938 16 1/4 Street S. E. and Alan Swayze of 402 31st St. N. E. Apt .20, of Rochester. The appointments will be effective October 16, 1977. Ayes (7), Nays (0). Motion carried. . C-2 Solinger moved, Gray second to approve the following appointments to the Joint Airport Zoning Board as follows: Robert Benson and Jean L. Olson from Fillmore County - Mr. Benson's term ending December 31, 1977 and Olson's ending December 31, 1978. Carl Oelke and Jack Roeder from Olmsted County - both terms expire December 31, 1977. C.A. Armstrong and Harry Johnson from the City of Rochester, Minnesota with Mr. Armstrong's term expiring December 31, 1978 and Mr. Johnson's term expiring December 31, 1977. Ayes (7), Nays (0). Motion carried. D-1 Strain moved, Allen second to adopt Resolution 537-77 referring the petition for sanitary sewer and watermain in Second Street N. W. from 19th Avenue N. W. to the West Line of West Zumbro Subdivision to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. D-2 David Shulman, Attorney wished to speak on behalf of the Rochester Area Pilots Association and urged the Council'to allow an additional member on the Airport Commission, and that they appoint that member from the Rochester Area Pilots Association. The RAPA stated that the FBO has a monopoly in Rochester and they have problems with repair, purchases, conditions of facilities etc. They would like to be on the Commission so that the _(.bmmission is aware of these types of problems and can do something about them. President Postier, a member of the Commission stated that they have a contract with the FBO and complaints should be made from the individual to the FBO. The Commissi met with the pilots and the FBO and most of the complaints have been taken care of at this time. President Posti!er cautioned the Council that if they allowed a member of the Pilots association to become a voice on the C:ommission, other private flying clubs would want to have a voice too. Such as Northwest, Ozark, North Central, etc. Warren Havens, President of the RAPA was present and stated that they lost several pilots to other areas because of better conditions and this could happen again. Larry DeSant. stated that if the RAPA was granted a seat on the Commission,Rochester could have a better and stronger facility. The pilots make up a good share of flying and 748 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 18 - October 3 1977 D-2 could make the airport a better and safer place if they had represent- ation. No action was taken at this time it was referred to the Comm- ittee of the Whole for further discussion with the Commission members and the Council with RAPA. E-].. Strain moved, Powers second to direct -the City Administrator's office to send a letter to HUD indicating no objection to the project based on the available information, and incorporate the HRA and Development District Administrator's comments on Sec. 8, New Construction are a form of privately owned multi -dwelling units for low income family and elderly.HUD and Minnesota Housing and Finance Agency have indicated'the proposals are not necessarily definite projects, however they represent an attempt to reserve the funds for Rochester, Rochester has a definite need. Ayes (7), Nays (0). Motion carried. E-2 Powers moved, Gray second to approve the payment of $27,099 to Alvin Benike for work completed on the boarding Concourse at the Rochester Municipal Airport and approval of payment to Rochester Petroleum Equipment of $1,072. for emergency replacement of leaking undergound fuel oil tank and Final.payment of certificates of acceptance to Sullivan Construction of $6,936.94 for bituminous overlays of the main parallel taxiways, the T Hangar Taxiways, general aviation parking ramp and the terminal building and southeast runup stand. Ayes (7), Nays (0). Motion carried. E-3 Gray moved, Solinger second to approve the following transfer of licenses and bonds: Transfer of On -Sale beer f`or Long John Silver's from Alan S. McDowell of Beubow Enterprises to Dale Lee DePeel of Long John Silver's. The Rochester Police have approved of this application. Ayes (7), Nays (0). Motion carried. E-4 Powers moved, Larson second to approve the bills in the amount of $544,615.83 ( semi-monthly ). Ayes (7), Nays (0). Motion carried. E-5 Allen moved, Strain second to adopt Resolution No. 538-77 approving the Variance to the Subdivision Ordinance pertaining to the platting of Country Club Manor llth Subdivision . Ayes (7), Nays (0). Motion - carried. E-6 No action was taken on the "South Fork" in the Downtown Development District. This was referred to the Downtown Development Advisory Board for input. E-7 Solinger moved, Strain second to approve the appointment of Christine Chesebro of 2217 Balsam Court S. W. and Lance Sorensen of 7955 18th Avenue N. W. The terms will expire October 1, 1979. {dyes (7), Nays (0). Motion carried. Appointments were for the Committee of Urban Environment ( CUE ). E-8 Allen moved, Solinger second to adopt Resolution No. 539-77 accepting the low bid of Brisson Pump Company North St. Paul, Minnesota for a pump with electric drive to be used in emptying the sludge ponds at RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 749 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No..18 - October 3, 1977 Agenda Item E-8 the Water Reclamation Plant and to approve the general concept of the sludge disposal proposal and approval of the contract with the property owners for disposal sites. Ayes (7), Nays (0). Motion carried. E-9 Powers moved, Gray second to adopt Resolution No. 540-77 accepting the feasibility report and ordering a hearing to be held on November 7, 1977 on Project No. 6107-78 J 8607 Sanitary Sewer and Watermain extensions to serve Block 1, Knollwood Acres. Ayes (7), Nays (0). Motion carried. E-10 Larson moved, Gray second to adopt Resolution No. 541-77 accepting the feasibility report and ordering a hearing to be held November 7, 1977 on Project No. 5402-77 J 8609 Sanitary Sewer and Watermain in 19th Avenue S. W. from 2nd Street S. W. to 3rd Street S. W. Ayes (7), Nays (0). Motion carried. E-11 Solinger moved, Gray second to adopt Resolution No..542-77 adding paragraph (72) of Section E, Passenger Loading Zones as follows: (72) Fourth Street S. W. on the South side 40 feet more or less in front of the premises known as 214 4th Street S.W. ( 4th Street Motel ). Ayes (7), Nays (0). Motion carried. E-12 Solinger moved, Strain second to adopt Resolution No. 543-77 covering the following: 1. Delete paragraph (80) of Section E, Passenger Loading Zones. Add paragraph (19.5) of Section H , Zone C, 60 minute parking to read: (19.5) Fifth Avenue N. W. on the East side 105 feet more or less in front of the premises known as 20 - Fifth Avenue N. W. ( Fifth Avenue Motel ). Ayes (7), Nays (0). Motion carried. E-13 Strain moved, Allen seco.nd to adopt Resolution No. 544-77 covering the following: 1. Delete paragraph (26) of Section D, Truck Loading Zones.^2. Amend paragraph (7) of Section J, Passenger and Commodity Loading Zones, to read: (7)Fourth Avenue N. W. on the West side 80 feet more or less in from of the premises known as 15 Fourth Avenue N. W. ( John's Grocery ). Ayes (7), Nays (0). Motion carried. F-1 An Ordinance rezoning certain property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesot ( Marc Carpenter -Sec. 28, Cascade Township ) was given its second reading. Larson moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Zones R-3 Medium Density. F-1 Powers moved, Larson second to adopt Resolution No. 545-77 approving the plans and specifications as prepared by the Public Services Department for Watermain extension along the east side of Lots 1 and 2, Block 1 Sunset Terrace 7.th Subdivision and execute an owner contract with Stanley C. Mohn and Carlton Penz for construction of said improvements. Ayes (7), Nays (0). Motion carried. A 750 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item F-1 F-1 F-1 F-1 G-1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 18 - October 3, 1977 Strain moved, Solinger second to approve the resolution approving an agreement between the City of Rochester and Nellie R. Coppe, as executrix of the estate of I Coppe and Marquette Bank and Trust Company as trustee of the Coppe Family Trust authori zi ng' a revocable permit permitting an encroachment onto that portion of 5th Avenue S. E. which lies between 4th Street and 5th Street S. E. for ground level parking according to the agreement. Ayes (7), Nays (0). Motion carried. Solinger moved, Gray second to adopt Resolution No. 547-77 approving a resolution of the Public Utility Board to enter into an amendment No. 2 between the City of Rochester and Fraser Construction Company for installation of chemical waste disposal facilities at an add- itional cost of $15,000.00. Ayes (7), Nays .(0).-Motion carried. Strain moved, Powers second to adopt Resolution No. 548-77 approving a resolution of the Public Utility Board to enter into a contract with Leeds and Northrup Company for furnishing supervisory equipment for the Bamber Valley Substation at a cost of $13,490.00. Ayes (7)., Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 549-77 approvi the sludge disposal agreement between the City of Rochester and Essex and Heins,providing for a lump sum payment of $20,899.00 and other expenses as was previously discussed. Ayes (7). Nays (0). Motion carried. Solinger moved, Strain second to remove the Request for Crossing Guar at 18th Avenue and 37th Street N. W. from the table. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to put a crossing guard immediately at 18th Avenue N. W. at 37th Street if City Attorney finds that crossing guards will be on the same emplo; ment status as they were previously with the following provisions: a. 1977-1978 school year only. b. Demand School Board to re -align boundaries for 1978-1979 to incorporate this area to be part of Elton Hills School. c. Officially request County and State to reduce speed on 37th with an additional request to have Council notified of any hearings scheduled on this speed reduction request. d. Notif, parents, PTSA, and Gage School principal.and request their cooperatioi to send their children to and from school via the prescribed safe route. e. Having Jim Johnson study impact and feasibility and cost analysis for all City school areas. 1. 15 to 20 MPH speed zones in school areas while children are present. 2. Install flashing yellow lights on the east side of the school. 3. Impact of the need of crossing guards vs school patrols after 1 and 2 would be im- plemented. Ayes 7), Nays (0). Motion carried. Having no further business Solinger moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - _ 751 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 18 - October 3, 1977 Agenda Item 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, Strain. Absent: None. B-1 A Hearing on the proposed 1978 Annual Budget. Wishing to be heard. was Mrs..Frank Howard of 1107 7th Avenue S. W. appearing on behalf of the Citizens Action Committee. Mrs. Howard stressed the need for reducing the budget. She stated the citizens were getting, tired of increasing taxes. Alderman Larson questioned Mrs. Howard on what areas should be cut, and Mrs. Howard responded with an article from the Post Bulletin dated September 30, 1977. Alderman Larson stated if we cut the signal system from the budget, parts have to be ordered, signals become obsolete and it would not be feasible to completely drop the program. Alderman Gray asked Mrs. Howard if he could see the list of members of the Committee. Mrs. Howard stated he could. Alderman Powers noted that for every call he gets from citizens about high taxes, he gets triple the number of calls calling for services of the City. Wishing to be heard was Marvis Hinkle of 2228 Viking Drive N. W. and suggested that a way of cutting the budget might be to merge the City and County on a park fee exchange. Alderman Larson stated that this: was proposed 8 years ago and the County withdrew. Ms. Hinkle stated that maybe this should be pursued at this time as new Council's and County Board's have been formed since 8 years ago. Having no-one else present that wished to be heard, President Postier continued the hearing until Thursday October 6, 1977. B-2 A Hearing on the Application to amend the Final Plan of PUD-R-4 ( 19 Norwest ) located along 19th Street N. W. and 26th Avenue N. W. A.M. Keith, Attorney 505 Marquette Bank Building appeared on behalf of the developer and urged the Councilsapproval of the amendment.. The Council questioned Mr. Keith on the conditions that were re- commended by the Planning and Zoning Commission, Mr. Keith stated tha all were -met except that they did not have the plans and specificatioi complete for the storm shelters, but would have them done shortly. Mr. Hal Watkins, 1924 26th Avenue N. W. President of the Charles Association of 19 Norwest stated that the association met in August 1977 and urged the Council to support this project amendment. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to approve the amendment. Ayes (7), Nays (0). Motion carried. B-3 - A Hearing on the Zoning District changes for Downtown Area. Wishing to be heard was Elmer Wetenkamp of Rite -Way Radio 207 4th Street S.E. and wanted to know what the new zoning would be. Mr. Thomas Moore, Planning Director stated that it was B-3 and would now be a new B-3, which consists of being allowed to do more things in a new B-3 such as higher density would be allowed. Mr. Wetenkamp asked if his land would be included in the Development District. President Postier stated it is in the plan, but hearings would be held and the Council would have the final approval before any proposal would be passed. 752 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL B-4 B-5 W. F-1 F-1 F-1 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 18 - October _4, 1977 Wishing to be heard was Stan Mohn of 316 2nd Avenue S. E. wanted to know if businesses would be allowed to continue under the new zones. He was assured they would, but the new zone would allow high residen ial to go in also. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to approve the zone district changes and instruct the City Attorney to prepare an ordinance making the changes that can be adopted. Alderman Strain stated that Eminent Domain could be used by the Council if a necessity arises that warrants that use. Alder- man Allen asked about the status of the zoning recommendation of sex oriented business. Mr. Moore, Planning Director stated that it was in the Planning and Zoning Commission for recommendation. Ayes (7), Nays (0). Motion carried. A Hearing on the Petition to amend the land use plan from Industrial Use to Medium Density Residential Use for land in the 1800 block vicinity West of Valley High Drive N. W. Wishing to be heard was John Blumentritt representing the applicant.(. Stan Mohn ) and presented the plan to the Council and stated that this is the best use for the land. They tried to find industries to build, but the land is not feasible for such use, and urged the Council to amend the use to Medium Density Residential. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Powers second to approve the petition and instruct the City Attorney to prepare a resolution that can be adopted. Ayes (7) , Nays (0) . Motion carried. A Hearing on the Application for approval of the Final Plat of North - gate Plaza First Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to adopt Resolution No. 550-77 approving the Plat. Ases 6 Na s (1) Alderman Allen voting nay. Mottion carried.The app' ate fiat ' e would preserve trees, but to date,does not seem to be A Hearing on the Application for approval of the Final Plat of the Replat of a portion of Lot 2, Block 1, Pennington Business Park. Having no one present that wished to be heard, President Postier closed the hearing. Gray moved, Allen second to.adopt the prepared Resolution No. 551-77 approving the plat. Ayes (7), Nays (0). Motion carried. Allen moved, Gray second to adopt Resolution No. 552-77 approving the amendment to the 19 Norwest PUD-R-4. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester Minnsota to B-3 General Business ( Downtown Area ). was given its first reading. Larson moved, Strain second to adopt Resolution No. 553-77 amending the Land Use Plan in 1800 block vicinity west of Valleyhigh Dr. Ayes (7), Nays (0). Motion carried. i� iGant loing so. RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 753 CITY OF ROCHESTER, MINNESOTA Agenda Item 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 39.15 acres - Mayo Foundation - Meadow Park South was given its first reading. Having no further business , Larson moved, Gray second to adjourn the meeting until 4:00 P.M. October 6, 1977. Ayes (7), Nays (0). Motion carried. G( ' City Clerk Information - October 3, 1977 1. Notice of Claim for Injury to Evelyn J. Olson - referred to City Attorney, Insurance Officer 2. Letter from Mrs. Mabel Deddrich and Mrs. Mavel Auman RE: snowplowing . Ref. to Public Services Department. 3. Summons of District Court case between Leon Latz and Betty, Latz vs. City of Rochester. I