HomeMy WebLinkAbout11-21-1977RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 77
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 - NovPmhPr 2l, 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 and Strain. Absent: None.
llen moved, Gray second to approve the minutes of the November 7, and
5th , 1977 meetings. Ayes (7), Nays (0). Motion carried.
k Hearing on the Application for Approval of a Planned Unit Developmen
Preliminary Plan ) for property located on Blocks 4, 5, and 6, and
_ots 10-22, Block 7, Homestead Addition. Wishing to be heard was Mr.
James McDonagh speaking for David Alexander, Builder of the project.
Ir. McDonagh presented models of.the proposed homes. Garages could be
)uilt along with the houses for an'addftional: cost of $5500. Mr.
1cDonagh stated that loans would be harder to get if the garages were
)wilt at this time. Trash receptacles wobld'be used on homes without
:he garages built. Alderman Powers stated the concern of the neighbor!
•egarding the lack of garages, and no storage available to these homes
O derman Powers stated that he could not vote for this without garages
concern was stated over the condominium units and the current bike
lath. Mr. Mc Donagh stated that they hired a good architect and this
s the best way that they can utilize the land and still be under low
:ost loan housing for citizens in a lower income bracket. Wishing to
)e heard was Ole Eichten of 207 5th Avenue S. W. as a former homeowner
n the area he feels it is a mistake to build a house without a
Iarage or some storage area as these homes will be without a basement.
'eople can't find extra dollars for a garage later and it would be
!asy for a slum to occur. Mr. Eichten also stated concern over:the
'l.00ding problem and in general is opposed to the project. Wishing to
ie heard was Mike Rohrback of 1423 Graham Court he stated the concern
if the closing of 15th Avenue and widening the bike path. He stated
traffic would increase and cars would drive on the bike path. Brian
.erry of 1433 Graham Court stated that present homes in Graham Court
.nd Homestead Addition were selling for under $50,000. and he did not
ee this project as feasible for the money. Kevin Cunningham of 1458
iraham Court does not want the bike path widened. Harold Stewart
535 Graham Court urges the aldermen to stick with the concept of add-
ng the garages to the homes. Mary Moylan of 1426 Graham Court stated
he price without the garages was'to o high. David Alexander, builder
f the project stated they spent much time and money on this project
nd that this was a feasible project to put on this particular land.
b stated that if conventional housing went in, a street would have
o be put thru, and problems would arise too. Marjorie Brimijoin of tI,
lanning and Zoning Commission stated that they wanted to enlarge the
rash receptacles to store lawn mowers, and gas cans etc: that this was
con,-cer:n of hers. Cinthia Daube President of the Rochester Associati
f Neighborhoods stated that the Council has a first responsibility to
the feelings of the neighborhoods. Mr. Jim McDonagh stated that
hey always answered all the Planning and Zonings requests and Duane
ohnson worked with him on various problems that arose. Duane Johnson
f Planning Department stated that the trash receptacles could be
on
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No.-24 - November 21, 1977
worked out, Mr. Johnson stated that the Planning and Zoning Department
did spend many hours on this project and the builders did satisfy
the requirements of the R-1 zone and the Planning and -Zoning Commissio
did approve this project. Having no one else present that wished to
be heard, President Postier closed the hearing. Note: This was not
an official public hearing, but was treated as one by the Common
Council because citizens wanted to be heard. After discussion by the
Council, Powers moved, Gray second to approve the Preliminary Plan
contingent on garages being built, 15th Avenue and Graham Court not
going thru, the bike path not be widened and absence of condominium
with provisions being made for storm shelters in the final plan.
Alderman Allen stated that he agrees with the motion and the people,
but was disappointed with the comment about the financial integrity
of the developer and noted that as long as he had been on the Council
they have been financially solvent and completed all projects on time
and stated that the comment regarding this was unnecessary. Alderman
Strain was concerned about the comment on the condition of the ground
and questioned if any further study on soil testing had been done etc.
Also a question on the peat bog.which was noted to be present in the
area. The DNR tested this ground, and the developer stated that there
will be no peat bog in that area. Having no other comments, a vote
was taken. Ayes (6), Nays (1). Alderman Larson voting nay. Motion
carried.
B-2 A Hearing on the Final Plat of Laura's Replat. Having no one present
that wished to be heard, President Postier closed the hearing.
Allen moved Strain second to adopt the prepared Resolution No. 608-77
approving the final plat. Ayes (7), Nays (0). Motion carried.
B-3 A Hearing on the Final Plat of Cascade Ridge Subdivision. Wishing to
be heard was Ole Eichten of.,-, 207 5th Avenue S. W. 'and stated that
he represented the developer and that this should be considered after
the E-15 item was considered. Having no one else present that wished
to be heard, President Postier closed the hearing. Vote_,was. taken:
rafter E715.
B-4 A Hearing on the Application for approval of a Planned Unit Developmen
( Final Plan ) known as Real Estate Center, located at 37th Street N. I
and 18th Avenue N. W. Wishing to be heard was Mr. Brent Carmichael, .
of 3809 19,th Avenue N. W. and wondered what would this building be
used for. It was stated that this would be a Real Estate office.
Having no one. else present that wished to be heard, President Postier
closed the hearing. Strain moved, Allen second to instruct the
City Attorney to prepare the ordinance and resolution approving this
plan. Ayes (7), Nays (0). Motion carried.
B-5 A Hearing on the Petition to amend the Land Use Plan from Industrial
Use to Commercial Use for Land in the N. W. and N. E. Vicinity from
the Intersection of llth Avenue N. W. and 5th Street N. W. William
oelker represented Texaco,Inc. and Ziegler,agree with the staff re-
ort and urge the Council to approve the project. Having no one else
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RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 - November 21, 1977
Agenda
Item
B-5 Hishing to be heard, President Postier closed the hearing. Allen move
Solinger second to approve the petition and instruct the City Attorney
to prepare a resolution that ca,n`be- adopted. Ayes (7) , Nays (0) .
Motion carried.
C-1 Gray moved, Solinger second to approve the Mayor's appointments to
the Rochester Handicapped Citizen's Advisory Committee as follows:
Chris Colby, Architect, Box 319, Rochester, Minnesota and William
Dodge P.O.Box 6581 Rochester, Minnesota. The name was also requested
to be changed to Citizen's Advisory Committee for a Barrier -Free
Rochester. Ayes (7), Nays (0). Motion carried.
D-1 Brent Carmichael of 3809 19th Avenue N. W. wished to be heard on
problem at 3808 and 3809 19th Avenue N. W. regarding parking. He
stated cars park for days at a time, put junk etc. out on the street
and sidewalk and block driveways. Pat Maloy of 3808 19th Avenue N. W.
also stated the seriousness of this problem. He stated that children
have to dodge between cars and it is dangerous. After discussion by
the Council President Postier referred this matter to the Traffic
Engineer to study this and return the results of this study to the
Council. Mr. Carmichael and Mr. Maloy both stated that limited park-
ing would be helpful in moving the cars.
E-1 Allen moved, Larson second to approve a twice a week Solid Waste pick
up and to increase the rates to $6.60 effective January 1, 1978.
Mrs. Collins of 2404 4th Avenue N. W. wished to be heard and stated
that she could not get by with once a week pickup. Alderman Larson
commented that the haulers should work out a zoning plan among them-
selves to avoid unnecessary driving all over town. Mayor Smekta stated
that he would like to have the haulers present a plan to the Council
by July 1, 1978. Ayes (7), Nays (0) Motion carried.
E-2 Allen moved, Larson second to adopt the prepared Resolution No. 609-
77 authorizing the Mayor and City Clerk to execute an agreement with
Clarence Simonowicz to provide consulting services with the Downtown
Development District. Ayes (7), Nays (0). Motion carried.
E-3 Larson moved, Solinger second to authorize the Public Services Directo
to issue minimal footing checks with the owner or architects or
engineer taking responsibility for this. and the City Attorney is
instructed to prepare the necessary waiver form. Ayes (7), Nays (0).
Motion carried. ( Building and Safety Department ).
E-4 Powers moved, Allen second to instruct the City Attorney to draft an
rdinance increasing the charge for towing from $10.00 to $15.00.
Ayes (7), Nays (0). Motion carried.
E-5 Larson moved, Allen second to maintain the present structure of Golf
-Fees°;•Let the Ordinance remain the same, but remove the policy state-
ent. Ayes (7), Nays (0). Motion carried.
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77 6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 = November 21, 1977
Agenda
Item
E-6 Powers moved, Strain second to adopt the Resolutions No. 610-77 and
11-77 assessing and charging to various lots the costs of $3,753.16
or removal of weeds and $4,862.18 for the removal of snow. Ayes (7),
Nays (0). Motion carried.
E-7 Allen moved, Solinger second to approve the follow.ing;.licenses and
bonds: Cigaretlesreceived from D & R to retail at Pizza Hut on North
Broadway. and William M. Keehn to retail at Hillcrest Liquors; in the
Hillcrest Shopping Center and approving a Transfer of an -Off -Sale
Liquor License to Mr. William Keehn from Mr. Harry Dorosos..This is
located at Hillcrest Shopping Center. Application for a Bingo License
from Pax Christi Church. An application for an Auctioneer's License
from Steven E. Heerick A Bond in the Amount of $500.00 has been
submitted and a Master Plumber's License from Warren C. Zimmerman of
Galaxy Mechanical Contractor, Inc. 1308 113th Avenue N. E. Blaine
Minnesota. A bond in the amount of..$1;000. has been submitted.
Ayes (7), Nays (0). Motion carried.
E-9
E-10
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Solinger moved, Gray second to adopt Resolutions 612-77 and 613-77
authorizing the City Clerk to advertise for bids. on the following:
Furnishing soft body armor and six sedans for.the Police Department.
Bids will be opened December 7, 1977 at 11,:OO A.M. Ayes (7), Nays
(0) . Motion carried.
Solinger moved, Powers second to approve the semi-monthly bills
( list attached ) in the amount of $2,695,736.92. Ayes (7), Nays (0).
Motion carried.
Powers moved, Larson second to approve the request to accept the gift
of Bocce -Ba31. sets given by :Governor Perpich After' Roll Call vote,
Aldermen Allen, Gray, Solinger and Strain voting nay. Nays (4).
Aldermen Larson, Powers and President Postier voting aye. Ayes (3).
Motion not carried.
The Labor Contracts with Local 49 - Parks and Recreation and Street
and Alley and Landfill and Local 520 International Association of
Firefighters and Rochester Police Benevolent Association was tabled
until Personnel has a chance to point out aTl of the .changes in
costs from one contract to the new contract, and report the figures
to the Council.
Gray moved, Solinger second to accept the Intergovernmental Personnel
Act Grant with the stipulation that if the IPA will, not accept the
In -Kind Funds this matter be brought back to the Council. Ayes (7),
Nays (0). Motion carried.
Strain moved, Powers second to instruct the City Attorney to prepare
the legal documents for adoption on amendments to Urban - Rural Servi
Districts as established by Ordinance No. 1466 and amended by Ord Thar
No. 1635. Ayes (7), Nays (0). Motion carried.
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RECORD.. OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
777
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 - November 21, 1977
Agenda
Item
E-14
Allen moved, Strain second to approve the Petition for annexation
by Mr. Gary Groteboer for 3 acres of land located immediately east
of 1.7th Avenue S. E. and north of U.S. 14 and initiate.proceedings to;
acquire the needed 30 foot wide sanitary sewer*(easement along the wes'
side of the property and a 15 foot wide sanitary sewer easement alongi
the north side and .refer this matter to the City Administrator so tha
negotiations can begin. Ayes (7)., Nays (0). Motion carried.
E-15
Solinger moved, Gray second to approve the Variance to the Subdivisio
Ordi.n;ance pertaining to the plat of Cascade Ridge Subdivision and
adopt Resolution No. 614-77. Ayes (7), Nays (0). Motion carried.
B-3
This was a Hearing and was closed ( See earlier in the minutes ).
Larson moved, Strain second to approve the Final Plat of Cascade
Ridge Subdivision ( Resolution No. 615-77 ). Ayes (7), Nays (0).
Motion carried.
E-1.6
Solinger moved, Powers second to approve the Supplemental Agreement
No. 10 for the extension of -solid rock excavation quantities N. W.
Sanitary Sewer Trunkline Project No. 7301. Ayes (7), Nays (0). Motion
carried.
E-17
Powers moved, Gray second to adopt Resolution No. 616-77 approving
the award of the low bid to Fraser. Construction Company, Rochester,
Minnesota for Sanitary Sewer Trunkline on Easement in N. W. 1/4
Section 23 Cascade Township -between 37th Street N. W. and 40th
Street N. W. Project No. 7301- J 8476 in .the amount of $10,430..25.
Ayes (7), Nays (0). Motion carried.
E-18
Powers moved, Solinger second to refer the Request for a split,of a
lot in Section 23, Township 107N R 14W - Erwin Walth,for an assessmen
split -to the Planning Department. The Planning Department stated the;
have no record of this being formally split and questioned the
boundaries. Ayes (7), Nays (0). Motion carried.
F-1
An Ordinance rezoning certain property creating a Planned Unit
Development District known as PUD-R-36 and amending Ordinance No. 1651.
known as the Zoning Ordinance of the City of Rochester ( Real
Estate Center ) was given its first reading.
F-1
Solinger moved, Allen second to adopt Resolution No. 617-77 approving
the Planned Unit Development as PUD-R-36 ( Real Estate Center )
Residential District. Ayes (7), Nays (0). Motion carried.
F-1
Strain moved, Gray second to adopt Resolution No. 618-77 amending the
Land Use Plan as a part of the comprehensive municipal plan for the C-
of Rochester changing the site from industrial to commercial N. W.
and N.E. Vicinity from the intersection of llth Avenue N. W. and 5th
Street N. W. Ayes (7), Nays (0). Motion carried.
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s 8RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 - November 21, 1977
An Ordinance Annexing to the City of Rochester, Minnesota, certain
platted land not exceeding 200 acres in area situated in Section 6,
Township 106 North, Range 13 West, Olmsted County Minnesota
(Gary Groteboer ) 3 acres was given its first reading.
Allen moved, Solinger second to approve.Resolution No. 619-77
approving a Quit Claim Deed between the City of Rochester and Bryan
D. Rossi and Bettie E. Rossi husband and wife and Richard E. Rossi
and Patricia Rossi, husband and wife to,make a correction in the
conveyance on property of,' the Rossi's involving the Northern Hills
Golf Course and they constructed a road and the road is slightly
off the property conveyed to the City. Ayes (7), Nays (0). Motion
carried.
Powers moved, Gray second to adopt Resolution No. 620-77 approving
a resolution of the Public Utility Board authorizing the purchase
order agreement with the -'Judd Company for furnishing 150 tapered
tubular steel _davit or bracket arm type lighting standards at a cost
of $20,23&.00:'{yes (7), Nay!r (0). Motion carried.
Gray moved, Strain second to adopt Resolution No. 621-77 approving a
resolution of the Public Utility Board approving a purchase order
agreement with Crescent Electric Supply Company for furnishing
288- 3 wire 1/p watthour meters at a cost of $5,817.60. Ayes (7),
Nays (0). Motion carried.
Larson moved, Powers second to adopt Resolution No. 622-77 approving
a resolution of the Public Utility Board approving a purchase order
agreement with the Westinghouse Electric Company for furnishing
30 horizontai'burning luminaires at a cost of $2,654.00 and 200 One
hundred and twenty volt photoelectric controls ata cost of $526.00
for a total cost of $3,180.00. Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 623-77 approvin(.
a resolution of the Public Utility Board authorizing a purchase order
with S.M. Supply Company for furnishing 150 vertical burning luminare!
for $16,725. and 300 sodium lamps at a cost of $5,565.00 and 48
high pressure sodium lamps.at:.a cost of $925.44 totaling $23,215.44.
Ayes (7), Nays (0). Motion carried.
An Ordinance Rezoning certain property and amending Ordinance No. 16
known as the Zoning Ordiihance;!of the City of Rochester, Minnesota;
amending Ordinance 1879 ( 6th Ave. and 16th St. S.E. Mayo Foundation
was given its first reading. Allen moved, Powers second to suspend
the rules and give this ordinance a second reading. Upon Roll Call
vote, Aldermen Allen, Gray, Larson, Powers, Solinger and Strain and
President Postier voting aye, Ayes (7), Nays (0). The Ordinance was
given its second reading. Allen moved, Gray second to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 24 - November 21, 1977
Agenda
Item
H-1 Larson moved, Strain second to accept the Personnel Advisory Committe
recommendation on the exempt classification and pay plan dated
November 21, 1977 as follows: Construction and Maintenance Engineer
from 13H to 14G; Design and Development Engineer from 13 H to 14G;
Assistant City Attorney II from 13 to 14 pay grade; Assistant Police
Chief Ryan from 13E to 13F; Director of Special Services from 513 to
6B; Finance Director from 15C to 15E; Assistant City Administrator
from 13C to 13D and As of January 1, 1977 the City Adm salary to be
established at $35,004./yr; the City Attorney salary be established
at $33,660/yr; On the City Attorney anniversary date 4-1-77 the salar
be changed to $35,004/yr; On City Adm. anniversary date 7/23/77 the
salary be changed to $35,704 and the City Administrator be re-evaluat
on or about February 15, 1978.The estab)isNi.ng of pay for"!Ch.ief Plans
Checker was set at pay grade 12, and Plans Checker II at pay grade 11
The pay for -Plans Checker I is to be established by negotiations with
the Inspectors Association. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance increasing the garbage pick up to .$6.60 rate for twice a
week pick-up effective January 1, 1978 was given its first reading.
F-1 An Ordinance Relating to the Impoundment of Unlawfully parked vehicle!
and Charges Therefor; amending Rochester Code of Ordinances Section
151.040(d), as amended by Ordinance No. 1743 was given its first
reading..
F-1 Larson moved, Solinger second to approve Resolution No. 624-77
authorizing the City Clerk and Mayor to execute a Warranty Deed
conveying property to Fuel for Medicine of Rochester being the succes,
in interest to Fran lin`H.eating Station. Ayes (7), Nays (0). Motion
carried.
Having no further business, Allen moved, Gray second to adjourn the
meeting. Ayes (7), Nays (0). Motion. carried.
City Clerk
Information - November 21, 1977
1. Minutes of the Standing Committee November 7, 1977
2. Minutes of tho Standing Committee November 14, 1977
3. Req. of Budget Rent -a -car to ,lease City Parking Spaces ( ref.
to Public Services Dept. for review and recommendation.
4. Letter from American Legion RE: Thoroughfare Plan
5. Planning Comm. Rec. RE; Riverside Development Proposal ( ref
to Development District Adm. and Advisory Board.
6. Referred to Planning and Zoning:
a. Petition to annex approx. 3 acres in Marion Twp to the City
( Marl and Fierke )
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