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HomeMy WebLinkAbout12-12-1977RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL' CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M. with the following members present: -President Postier, Aldermen Allen, Larson Solinger, and Strain. Absent were Aldermen Gray and Powers. Motion by Allen,) second by Larson to approve the minutes of the November 21st and 28th, and December 1st and 5th meetings. Ayes (5), Nayes (0), motion carried. C-1 Motion by Larson, second by Strain to approve the promotion of Williai Miller to the position of Motor Operator in the Fire Department, and to approve the appointment of Markus McGowan and Michael Toogood to the position of Firefighter in the Fire Department, effective Wed- nesday, January 4, 1978. Ayes (5), Nayes (0), motion carried. E-1 Motion by Alien, second by Strain to approve the recommended changes in benefits for the City's exempt employees for the year 1978, to wit 1. Increase the present merit pay plan by 6%, effective January 1, 1978. 2. Those employees whose present salary exceeds the top step of thei pay range will receive an increase equal to 6% of the top step of their pay range. 3. Sick Leave: Adjust the City's Personnel Policy to provide that when an employee is qualified for and goes on pension, the employee shall be paid for all accumulated sick leave in excess of 480 hours, subject to the following provisions: (a) A maximum of 200 hours will be paid, except in cases of permanent disability, in which case the full accumulated amount will be paid. (b) In case of death, the designated beneficiary will receive any benefits that the deceased employee would have received had termination been because of retirement. 4. Improvements in the City's medical and hospitalization plan: (a) Hospital room and board be changed from $40 per day to cover the cost of a semi -private room, less $5.00 per day. (b). Hospital miscellaneous charges be increased from $800 per confinement to actual cost for the first 70 days. (c) Maternity coverage be increased from $375 to $700. (d) Deductible for major medical coverage be changed from $100 per incident to $100 per year, and that the maximum coverage for major medical be increased from.$25,000 to $250,000. 5. The City will attempt to provide at 100% of the employees' cost, a disability income insurance package. It is understood that it is the intent of the City that.the City at no time in the future will contribute toward the cost of such disability insurance. Ayes (5), Nayes (0), motion carried. Motion by Larson, second by Allen to amend the previous.motion by deleting the positions of City Administrator and City Attorney.from the approval of changes in benefits for exempt employees, awaiting a recommendation from the Personnel Advisory Committee. Ayes (5), Nayes (0), motion carried. E-2 Motion by Solinger, second by Allen to adopt Resolution No. 630-77 783 764 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-2 approving relocation policies for Development District No. 1 (Down- town Development District) entitled "Principles of the Relocation Process", "Guide to Preparing a Residential Relocation Claim", and "Guide to Preparing a Business Relocation Claim". Ayes (5)� Nayes (0), motion carried. E-3 Motion by Larson, second by Strain to adopt Resolution No. 631-77 approving the land disposition policies for Development District No. 1 (Downtown Development District) dated October 10, 1977, to govern the disposition of land in Development District No. 1. Ayes (5), Nayes (0), motion carried. E-4 Motion by Strain, second by Larson to approve the sale of city -owned property at the intersection of Second Street and Sixth Avenue S.W. to Central Properties, Inc. for a sum of $8,500.00,.and instructing. the City Attorney to prepare necessary legal documents for execution. Ayes (5), Nayes (0), motion carried. E-5 Motion by Larson, second by Strain to approve the Rochester Airport Commission request to submit a grant application for Phase II Runway 2-20 Repaving Project, consisting of 1,700 feet of runway to be repaved at a total estimated cost of $584,000; replacing approximatel 106 concrete panels in Runway 13-31 at an estimated cost of $263,412; and repairing deteriorated concrete in the ramp at an estimated cost of $133,440, at the Rochester Municipal Airport. Ayes (5), Nayes (0) I motion carried. E-6 Motion by Allen, second by Solinger to approve the Rochester Airport Commission request for approval of Change Order #1, Alvin Benike Contract, Boarding Concourse Project, to add $2,035.75; and Change Order No. 2 to the Miller Dunwiddie Architects. Ayes (5), Nayes (0), motion carried. E-7 Motion by Strain, second by Larson to approve the request of McGhie and Betts Engineering for a Change Order in the amount of $175.40 to the Progressive Contractors contract on Runway 2-20 project at 9 Y P J Rochester Municipal Airport. Ayes (5), Nayes (0), motion carried. E-8 Motion by Solinger, second b "Allen to approve the request of the 9 Y pP q Rochester Airport Commission for approval of payments to Alvin E. Benike Construction, Inc. of $32,711.40; Progressive Contractors, Inc., $118,404.84; and McGhie and Betts Engineering, $15,671.75. Ayes (5), Nayes (0), motion carried. E-12 Motion by Solinger, second by Allen to approve the application for a Bingo License received from the Church of St. Pius, and waive the $10,000 Bond requirement. Ayes (5), Nayes (0), motion carried. E-13 Motion by Allen, second by Strain to approve the following Resolution! Resolution No. 632-77, securities in the amount of $3,630,000 collater in lieu of depository bond and releases in amount of $3,130,000 from al P� RECORD OF OFFICiAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 Agenda Item E-13 the Marquette Bank of Rochester, Minnesota; Resolution No. 633-77, securities in the amount of $600,000 in col- lateral in lieu of a depository bond from Rochester State Bank, Rochester, Minnesota; Resolution No. 634-77, securities in the amount of none in collateral) in lieu of a depository bond and releases in the amount of $85,000 from the First National Bank, Rochester, Minnesota; Resolution No. 635-77, securities in the amount of none in collateral in lieu of a depository bond and releases in the amount of $1,250,000 .from the Northwestern National Bank, Rochester, Minnesota. Ayes (5), Nayes (0), motion carried. E-14 Motion by Strain, second by Larson to adopt Resolution No. 636-77 approving the award of the low bid to Rufferidge-Johnson to furnish a 2,000 gallon tank street flusher in the amount of $10,795.00; and Resolution No. 637-77 approving the award of the low bid to Universal Ford to furnish a street flusher 32,500 GVW chassis in the amount of $13,933.27. Ayes (5), Nayes (0), motion carried. E-16 Motion by Larson, second by Strain to adopt Resolution No. 638-77 approving the State Outdoor Recreation Grant Project Agreement betweei the City and the State of Minnesota, pertaining to the Bear Creek Park -Trail, and authorizing the Mayor and City Clerk to sign said agreement. Ayes (5), Nayes (0), motion carried. E-18 Motion by Strain,.second by Allen to approve the petition by Marland Fierke for annexation of approximately three (3) acres of land locate, in the vicinity of 15th Street and 27th Avenue, S.E., and to instruct the City Attorney to prepare an Ordinance for adoption. Alderman Larson.stated that water system problems in this area are still unresolved and should be looked into. It is the consensus of the Council that the Water Department be requested to look into the water system problems more thoroughly and report to the Council. Ayes (5), Nayes (0),-motion carried. E-20 Motion by Allen, second by Solinger to approve Resolution No. 639-77 amending Rochester Code of Ordinances, Section 147.700, Section I, Zone C (30 Minute Meters) by adding Paragraph (3). Ayes (5), Nayes (0), motion carried. F-1 An Ordinance rezoning.property north of 55th Street N.W.. and East of U.S. Hwy. 52 from R-1 to.R-3 and B-4, and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, was given its second reading. Motion by Allen, second by Solinger to adopt the Ordinance (No. 1921) as read. Ayes (5), Nayes (0), motion carried. F-1 An Ordinance relating to the salaries for the offices of Mayor, Alderman-at=Large, and Aldermen of the City of Rochester, and repeal- ing Ordinance No. 1888, was given its second reading. Motion by Strain, second by Allen to adopt the Ordinance (No. 1922) as read, establishing .the salaries as follows effective June 5, 1978": Mayor, - w 786 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 \genda Item F-1 $12,555 per year; Alderman -at -Large, $6,400 per year; each Alderman, $5,275 per year. Ayes (5), Naye.s (0), motion carried. F-1 An Ordinance annexing to the City of Rochester certain unplatted land not exceeding 200 acres in area situated in Section 7, Township 106 North, Range 13 West, Olmsted County, was given its first reading. F-1 Motion by Solinger, second by Allen to adopt Resolution No. 640-77 approving the resolution of the Public Utility Board requesting authorization to approve Contract Amendment No. 1 to the contract with Texas Instruments, Inc. for the 316(a) Studies, increasing the contract price $2,227.00, to $25,222.00. Ayes (5), Nayes (0), motion carried. F-1 Motion by Strain, second by Allen to adopt Resolution No, 641-77 approving the resolution of the Public Utility Board requesting authorization to approve an amendment to the contract with Allis- Chalmers Corporation for Bamber Valley Substation 13.8 KV Indoor Metalclad Switchgear, for an amended contract price of $169,246.00. Ayes (5), Nayes (0), motion carried. F-1 Motion by Solinger, second by Allen to adopt Resolution No. 642-77 authorizing execution of a contract with Alexander.Builders, Inc. for construction of Part II Grading and Surfacing, Concrete Curb & Gutter Sidewalk, Sanitary Sewer, Watermain, Storm Sewer, and Sewer & Water Service Connections Stubbed into Boulevard in McDonagh's Replat. Ayes (5), Nayes (0), motion carried. F-1 Motion by Larson, second by Allen to adopt Resolution No. 643-77 transferring the following lands from the Rural Service District to the Urban Service District: Green Meadows 4th and 5th Subdivisions, Stone Barn Estates Subdivision, Summit Square Manor Subdivision, Bel Air 3rd Subdivision, Northridge 2nd Subdivision, Crescent Park loth and llth Additions, Northern Hills 2nd Subdivision, Woodgate 1st Subdivision, Wilshire Estates 3rd Subdivision, Manor Woods 2nd Sub- division, Meadow Park loth, 12th, 13th, 14th, and 15th Subdivisions, and part of Section 29, Township 107, Range 14 (Cascade Township). Ayes (5), Nayes (0), motion carried. G-1 Motion by Strain, second by Allen to remove the labor contracts with Local 49 - Parks and Recreation and Street, Alley and Landfill; and Local 520 - International Association of Firefighters and Rochester Police Benevolent Association, from the table. Ayes (5), Nayes (0), motion carried. G-1 Motion by Allen, second by Solinger to adopt Resolution No. 644-77 approving the labor agreement between the City of Rochester and Local 49 Parks and Recreation Department for the calendar years 1978 and 1979 and subject to automatic renewal thereafter. Ayes (5), Nayes (0), motion carried. G-1 Motion by Solinger, second by Strain to adopt Resolution No. 645-77 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 Agenda Item G-1 approving the labor agreement between the City of Rochester and Local 49 - Street, Alley, Landfill, for the.'calendar years 1978 and 1979, and subject to automatic renewal thereafter. Ayes (5), Nayes (0), motion carried. G-1. Motion by Strain, second.by Allen to adopt Resolution No. 646-77 approving the labor agreement between the City of Rochester and the International Association of Firefighters -Local 520 for, calendar year 1978 and 1979, and subject to automatic renewal thereafter. Ayes (5) Nayes (0), motion carried. G-1 Motion.by Solinger, second by Strain to adopt Resolution No. 647-77 approving the labor agreement between the.City of Rochester and the Rochester Police Benevolent.Association for calendar years 1978 and 1979, and subject to automatic renewal thereafter. Ayes (5), Nayes (0), motion carried. Having no further business, Strain moved, Allen second, to adjourn the meeting until 7:30 P.M. Ayes (5), Nayes (0), motion carried. A-1 President Postier called the meeting to order at 7:30 P.M. with the following members present: President.Postier, Aldermen Allen, Larson Powers, Solinger and.Strain. Absent: Alderman Gray. B-1 A Hearing on a petition to change the zoning district from R-1 (Single Family Residential).to R-2 (Low.Density District) for all of Sunset Terrace Sixth Subdivision. Wishing to be heard was Wayne Herivel, 1759 25th Ave. N.W., who objected to the proposed zoni..ng change, stating it has the potential.to defeat the purpose of the zoning code He requested Council.deni.al of the ,proposal to protect the property owners from.(1) Increased noise and congestion, (2) Increased traffic flow, especially on 21st Ave., (3) A 25% increase in building density (4) Potential of reduced or minimum.upkeep of structures due to non- resident ownership, and (5) The exposure R-2 zoning would allow for many other projects such as mobile home park, lodges, meeting places, etc. He called attention to 91 signatures on a, Protest against Zoning Change. Also wishing to be heard was Mr. Al Pertuz, 1703 25th Ave. N.W., a resident in the affected area. He stated he opposed a similar zone change for this property two years ago. The land across Valley High Drive has been changed from Industrial to Residential and there is no longer a need for these lots to act as a buffer between res.idential.and.commercial property. When the Zoning Commission recommended against this petition, they recommended that Mr. Mohn consider a PUD, and the neighborhood is willing:to.listen to a PUD proposal. He urged the Council to defeat the proposed zone change. Also wishing to be heard was.Barbara Herivel, .1759 25th Ave. N.W., who stated that the twelve multiplex units being planned would over- crowd the neighborhood with structures nearly twice the size of existing homes, which would be constructed within 27..feet of their property line without a suitable buffer. Children would have to walk through existing yards to get to and from school. She requested 767 Agenda Item Im AN, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 Council consider preservation of existing neighborhood, pride of ownership, and potential of increased crime, and allow this land to remain zoned R-1, with consideration of a PUD. Also wishing to be heard was Mr. Stanley Mohn of Mohn Home Builders, who stated that because the County put in a road without any improvements, all assess. ments have to be made against property on one side of the road so it is no longer feasible to build single family residences as originally planned. The property is long and narrow, which works against a PUD. Also wishing to be heard was Mr. John Bloomintreed, 918 Second Street S.W., representing Mr. Mohn, who presented a sight plan for the area, showing the replat from 16 residential lots to 12.multi-family lots. He stated that a PUD would only allow eight buildings rather than the thirteen presently allowed under the proposed zoning code. Also wishing to be heard was Betty Brekhus, 2403 - 17 1/2 Street.N.W., who stated that the purpose of residential zoning is to preserve and maintain residential districts. She asked the Council to think about the possib-j.lity of setting an unwanted precedent with this rezoning. There being no one else present wishing to be heard, President Postie declared the hearing closed. Motion by Allen, second by Solinger to deny the zone change request. Council recommends that Mr. Mohn consider a PUD. Ayes (6), Nayes (0), motion carried. A Hearing on a petition to change the Zoning District from M-1 (Light Industrial) to R-3 (Medium Density Residential) for property located adjacent to and southwesterly of Valley High Drive N.W. between 16th Street and 19th Street N.W. Wishing to be heard was Jim Benike, representing Alvin E. Benike, who requested approval of this zone change. Also wishing to be heard was Mr. Stanley Mohn, who spoke in favor of the proposed zone change. Having no one else present wishing to be heard, President Postier declared the hearing closed. Motion by Allen, second by Larson to approve the proposed zoning change and instruct the City Attorney to prepare an ordinance for adoption. Ayes (6), Nayes (0), motion carried. A Hearing on the proposed Comprehensive Plan amendment for property in the southeast vicinity from the intersection of 55th Street N.W. and 18th Avenue N.W. Wishing to be heard was Mr. Stanley Guth of Builders Land Company, who stated they are considering an integrated use of this land and feel there should be a mixture of ages, income levels, and uses. They would like to establish the entire zoning when the planning is done. Motion by Solinger, second by Allen to approve the Planning Commission recommendation, and instructing the City Attorney to prepare a resolution for adoption. A Hearing on a petition to amend the Land Use Plan from Conservation Area to Commercial Use and Medium Density Residential Use for the vicinity located southeast of llth Avenue S.E. and 20th Street S.E. Wishing to be heard was Robert Dashow, 1307 14th Street N.W., who urged Council's approval as submitted. Also wishing to be heard was Rick Colvin, representing the Mayo Foundation, who own a small piece of property adjoining this area. He stated the Mayo Foundation is RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 789 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 28 - December 12, 1977 Agenda Item B-4 against the Commercial designation on the two -acre area and would like the entire parcel to be medium density residential. Having no one else present wishing to be heard, President Postier declared the hearing closed. Motion by Strain, second by Larson to approve the designation of Medium Density Residential for the area,..and instruct- ing the City Attorney to prepare a resolution for adoption. Ayes (6) Nayes (0), motion carried. E-9 Motion by Powers, second by Allen to adopt Resolution No. 649-77 approving the.resolution of the Public Utility Board setting forth the salary schedule for certain exempt employees of the Public Utilit. Board retroactive to January 1, 1977, and outlining the performance pay program for said employees. Ayes (6), Nayes (0), motion carried. E-10 Motion by Powers, second by Strain to adopt Resolution No. 650-77 approving the resolution of the Public Utility Board requesting authorization to pay a salary of $3,034.00 per month for the position of general manager of the Rochester Public Utilities retroactive to January 1, 1977, and a salary of $3,155.00 per month retroactive to August 26, 1977. Ayes (6), Nayes (0), motion carried. E-11 Motion by Solinger, second by Strain to approve the application for an On -Sale Intoxicating Liquor License for consumption on the premise., of the Olmsted County Bank Building, 11 Second Street S.W. Alderman Larson suggested the Council look into the cost of liquor licenses for commercial establishments versus the cost of a club liquor license Alderman Allen stated he would abstain from voting because he voted against the granting of additional liquor licenses. Ayes (5), Nayes (0), Abstention (1), motion carried. E-15 Motion by Powers, second by Solinger to approve the semi-monthly bill in the amount of $305,795.14. Ayes (6), Nayes (0), motion carried. E-17 Motion by Powers, second by Allen to adopt Resolution No. 651-77 setting a hearing on February 6, 1978, at 7:30 P.M. to consider the petition to vacate Wright.Court S.E., and instructing the City Clerk to give notice of said hearing. Ayes (6), Nayes (0), motion carried. E-19 Motion by Allen, second by Strain to adopt Resolution No. 652-77 amending Section H, Zone E of comprehensive resolution adopted by the Common Council on January 5, 1976, establishing parking, truck loading, passenger loading, parking meter regulations and provisions, primary and one-way streets and alleys, by adding paragraphs (11), (12), (13), and (14). Ayes (6), Nayes (0), motion carried. F-1 An ordinance rezoning certain property in Section 28, Township 107 North, Range 14 West, and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, was given its first readin F-1 Motion by Allen, second by Strain to adopt Resolution No: 653-77 "790 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. 28 - December 12, 1977 amending the Health Protection Plan Document for City officers and employees effective January 1, 1978. Ayes (6), Nayes (0), motion carried. Motion by Strain, second by Allen to adopt Resolution No..648-77, amending the Land Use Plan as adopted on March 18, 1963, by incorpora ing therein the change to Medium Density Residential in the vicinity southeast of 55th Street N.W. and 18th Avenue N.W. Intersection. Ayes (6), Nayes (0), motion carried. An Ordinance relating to unfair discriminatory practices; amending Rochester Code of Ordinances, Section 220.010, as amended by Ordinance No. 1751, was given its first reading. Motion.by Allen, second by Strain to suspend the rules. Upon roll call vote, all aldermen votin aye (6), motion carried, and the Ordinance was given its second read- ing. Motion by Strain, second by Powers to adopt the Ordinance (No. 1923) as read. Ayes (6), Nayes (0), motion carried. An Ordinance amending Ordinance No. 1466, entitled "An Ordinance Establishing Within the City of Rochester an Urban Service .District as Separate Taxing Districts", by adding Paragraphs 35, 36, 37, and 38, was given its first reading. Having no further business, Allen moved, Solinger second, to adjourn the meeting. Ayes (6), Nayes (0), motion carried. Motion by Allen, second by Strain'to adopt Resolution No. 67:4-=77 amending the Land Use Plan by incorporating therein the change to Medium Density Residential for the vicinity located southeast of llth Avenue S.E. and 20th Street S.E. Ayes (6), Nayes (0), motion carried. Information - December 12, 1977 Deputy City Clerk 1. Letter from Nan's Tree Service re consideration in bidding for tree replanting in spring or fall 1978 (referred to Park Supt.) 2. Letter from Norman B. Coleman, Jr., Special Assistant Attorney General, re Joy Fogarty vs. State 6f Minnesota, Court File No. 4111 (referred to City Attorney). 3. Petition for Judicial Review re Joy Fogarty vs. State of Minneso (referred to City Attorney). 4. Referred to Planning and Zoning Commission: 1. Petition for annexation of Lot #4, Toogood Subdivision; 2. Petition for annexation of land in SW 4, Sec. 30 of Haverhill Twp. 5. RCA (information only) re City Planning and Zoning Commission recommendations re GAC Downtown Development Proposal. 6. Standing Committee Minutes - November 21, 1977. 7. Standing Committee Minutes - November 28, 1977.