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HomeMy WebLinkAbout12-19-1977RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 791- CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - December 19,1977 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. Allen moved, Powers second to approve the minutes of the December 12, 1977 meeting. Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the Petition to change the Zoning District from R-1 (Single Family Residential District ) to B-la ( Residential Business District ) for property described as a part of Lots 8 and 9, Allendale Subdivision. Dale Larson, Petitioner was present for questions. Having no one else present that wished to be heard, President.Postier closed the hearing. After discussion by the Council, Alderman Larson recommended approval. Alderman Solinger was against spot zoning and stated the neighbors are against spot zoning, but would accept a Planned Unit Concept for a dental office. Solinger moved, Larson second to deny the. zone change but recommended that the petitioner proceed with the .Planned Unit Development recommended by the Planning and Zoning Department. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential District ) to R-3 ( Medium Density Distric. for property described as a part of Lot 32, Auditor's Plat "A". Having no one present that wished to be heard, President Postier closed the hearing, Strain moved, Allen second to approve the zonilhg' and instruct the City Attorney to prepare an.. Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential District ) to R-3(Medium Density District) for property described as Lot 30 and a part of Lot 32 Auditor's Plat "A". William Voelker, represented Mr. Lowell Penz and stated th agreed with the Planning and Zoning Commission for approval of this petition. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Gray second to approve the petition and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Petition to Change the Zoning District from".R-3 ( Medium Density ) to B-4 ( General Business ) District on property located 1325 and 1407 Marion.Road S. E. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers.second to proceed with the zone change and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-5 A Hearing on the Petition to amend the Land Use Plan from low density residential use to commercial use for the vicinity of 2402 Country Club Road West. Having no one present that wished to be;`heard, President Postier closed the hearing. Gray moved, Allen second to deny the request based on the recommendation of the RTanning and Zoning Commission. Ayes (7), Nays (0). Motion carried. 792 Agenda Item C-1 D-1 E-1 E-2 E-3 E-4 E-5 E-.6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - December 19, 1977 Powers moved, Bolinger second to approve the Mayor's Appointment to Rochester Human Rights Commission of Reverend James McCauley. Fr.. McCauley will fill the unexpired term of Leon Shapiro who re- signed. The term expires May 1, 1978. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to adopt the prepared Resolution No.654a- 77 referring the petition for Sewer extension to serve three acres in Marion Township to be p1tted as Fierke's Subdivision to the Public Services Department for a feasibility report. 'Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to approve the transfer of the On -Sale Liquor License from John Prow and Harvey Brasch for the premises knows as the Carlton Hotel to James and Rose Sadler to be known as the Carlton Manor,'Jftc. A Bond in the amount of $3,000.00 has been submitted. The Dance License granted to John Prow and Harvey Brasch was also transferred to James and Rose Sadler. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to instruct the City Clerk to publish required notices of the Community Development Block Grant Funds. The Second hearing will be held January 16, 1978. Ayes (7), Nays (0) Motion carried. Allen moved, Strain second to approve the following licenses and bonds: Sign Erectors license from Nordquist Sign Company, Inc. 312 West Lake.Street Minneapolis, Minn. A Bond in the amount of $1,000. has been received. Ayes (7), Nays (0). Motion carried. Gray moved, Larson second to adopt the prepared Resolution No.654b_ 77 to approve the low bid of Adamson's Motors for Four Black and White sedans without trade-ins for $21,928, and two unmarked sedans for $10,827 plus the split seat for $170. less $200. discount for a total of $32,725. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to adopt the'prepared Resolution No.6514c 77 to approve the bid of Law Enforcement Equipment Company for Eighty (80) body armor vests in the amount.of $9,399.39. This was not the low bid. The low bid of Fire Safety Corporation of $8,207.18 was not accepted because of the type of vest. They bid on Safariland Vests and these vests were not comfortable to wear, and were bulky under the uniforms. They also weighed more. With these factors, the two lower bidders did not meet specifications. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to approve the semi-monthly bills in the amount of $381,690.32 ( list attached ). Ayes (7), Nays (0 ). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 793 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29- December 19, 1977 Agenda Item E-7 Strain moved, Powers second to adopt the prepared Resolution No.654 & 77 adding Paragraph (45.5) of Section B, No Parking Zones to read: (45.5) Second Street Northeast on the north side from Fifteenth,'Ave. to one block east, at all times. Ayes (7), Nays (0). Motion carried. E-8 Larson moved, Gray second to adopt Resolution No.654e=77 designating West Silver Lake Drive and 20th Street S. E. as Municipal State Aid Streets subject to approval of Commissioner of Transportation. Ayes (7), Nays (0). Motion carried. E-9 Powers moved, Allen second to adopt Resolution No. 455`-77 to authori the Public Utility Board to increase the.present Utility Exempt Empl Salary schedule by six percent effective January 1, 1978. Ayes (7), Nays (0). Motion carried. E-10 Allen moved, Strain second to adopt Resolution No. 656-77 approving an extension of consulting agreement for Development District of Clarence Simonowicz. This extension will terminate April 20, 1978. Ayes (7), Nays (0). Motion carried. E-11 Larson moved, Allen second to adopt the prepared Resolution No. 657-7 approving the assessment split on Plat 5175 Parcel 206 - Section 23, Township 107N Range 14W - Erwin Walth to Parcel 206 and 207. Donald Hartman is the owner of Parcel 207: The percentages and costs are as follows: Parcel 206 - 43.7%- $530.40 and Parcel 207 - 56.3% $683.32 Donald Hartman. Ayes (7), Nays (0). Motion carried. E-12 Solinger moved, Gray second to execute the contract for C.E.T.A. Title VI Contract for the Public Library of $30,000. The grant award will run between January 11, 1978 and September 30, 1978. Ayes (7), Nays (0). Motion carried. E-13 Larson moved, Powers second to issue a revocable permit and a hold - harmless clause for the City on the back door of Tinklers Inc. in the Old Olmsted County Bank Building 22 2nd Street S. W. The Back Door would extend onto City property. Ayes (7), Nays (0). Motion carried. H-1 -Allen moved, Larson second to approve the purchase of property at 613 7th Street N. W. from Dr. Larson. The purchase price is $70,000. Th'e Council _indicated that Dr. Larson does not have the right to remove the fixed assets without further negotiation. Ayes (7), Nays (0). Motion carried. 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 second reading. Solinger moved, Gray second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. e 794 Agenda Item 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 Regular Adjourned Meeting No. 29 - December 19, 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 Groetboer ) - three acres - was given -its -second reading. Strain moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning certain property creating a Planned Unit Development District known as PUD-R-36 and amending Ordinance No. 1659, known as the Zoning Ordinance of the City of Rochester (Real Estate Center) was given its second reading. Powers moved; Solinger second to approve the Ordinance as read. Ayes (7), Nays (0) Motion carried. An Ordinance relating to the Regulation of Refuse Collection in the City of Rochester and Collection Charges; amending Rochester Code of Ordinances, Section 130.600 as amended by Ordinance No. 1827, was given i.ts..second reading.. Larson moved, Gray 'second to adopt the Ordinance as read. 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, Minnesot, to R-3 Medium Density Residence District ( Alexander Builders and Mayo Foundation ) was given its first reading. An Ordinance Rezoning certain property and amending Ordinance No. 1651. known as the Zoning Ordinance of the City of -Rochester, Minnesota to R-3 Medium Density Residence District ( Lowell Penz - loth St. and 16th Avenue S.E. ) was given its first reading. An Ordinance Rezoning certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minnesota to B-4 General Business District ( John and Florence Pervin 1325 and 1407 Marion Road S. E. ) was given its first reading. Powers moved, Allen second to adopt Resolution No. .658-77 approving a resolution of the Public Utility Board approving a contract with Pfeifer and Shultz/HDR for engineering services and which will repla three agreements entered into on November 18, 1977 pertaining to thr North Broadway Plat projects.Tiie Mayor and City Clerk are authorized to sign said agreements. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to approve Resolution No. 6',59-77 approving a resolution of Public Utility Board approving a contract with Pfeife and Shultz/HDR Inc.. for a joint transmission study at a cost to the City of not to exceed $4,000.00 in addition to computer time costs within the limit.set forth therein and the Mayor and City Clerk are authorized to sign said agreements. Ayes (7), Nays (0). Motion carrie F-1 Larson moved, Powers second to adopt Resolution No.; 660-77 approving a resolution of the Public Utility Board approving a purchase order RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Adjourned Meeting No. 29 Agenda Item OF THE COMMON _COUNCIL M I N N ESOTA December 19, 1977 F-1 agreement with United Electric Corporation for furnishing various types.of transformers at a cost of $209,258.00. Ayes (7), Nays (0). Motion carried. F)1 Larson moved, Powers second to adopt Resolution No. 6.51-77 approving a resolution of the Public Utility Board authorizing a purchase order agreement with RTE Corporation for furnishing various types of trans- formers at a cost of $56,775..00. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Strain second to adopt Resolution No. 6,62-77 approving a resolution of the Public Utility Board approving a purchase order agreement with Westinghouse Electric Supply Company for furnishing two 750 KVA transformers at a cost of $15,500.00 Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Gray second to adopt Resolution No. 6:63-77 approving a resolution of the Public Utility Board approving a purchase order agreement with Graybar Electric Company Incorporated for furnishing one 75 KVA and one 500 KVA Transformer at a cost of $7,597.00. Ayes (7), Nays (0). Motion carried. F=l Gray moved, Larson second to adopt Resolution No. 654-77 approving a resolution of the Public Utility Board approving a purchase order with Burmeister Electric Company for one 750 KVA transformer at a cost of $10,210.00. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Allen second to adopt Resolution No. 6;65-77 approving a resolution of the Public Utility Board approving a purchase order agreement with Babcock and Wilcox Company for two driver sheaves at a cost of $2,424.00. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Strain second to adopt Resolution No. 666-77 approving a resolution of the Public Utility Board approving a purchase order agreement with TEC Industrial, Inc. for material and labor to rewind motor for cooling tower fan on Unit # 4 Silver Lake Plant at a cost of $1,666.00. Ayes (6), Nays (0). Alderman Larson abstained. Motion carried. F-1 Powers moved, Strain second to adopt Resolution No. !�'67-77 approving a resolution of the Public Utility Board approving a purchase order agreement with the Chicago and Northwestern Railroad for renewal of the right-of-way license for the transmission line at Cascade Sub- station at a cost of $2,016.00 Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Strain second to approve and adopt Resolution No. 4 8-77 directing the Finance Director to transfer the sum of $600.00 from the Contingency Account to the Mayor's Contingency Account. Ayes (7), Nays (0). Motion carried. H-2 Mr. Richard Ehrick, Chairman of the Downtown Development District wished to be heard'regarding the Study needed for the parking ramp being considered in a development in the downtown area. He urged- 795 796 . RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item H-2 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 29 - December 19, 1977 the Council to include the study for the parking ramp in the. study being done. President Postier stated he could get figures from a recent study done by St. Mary's when they built their ramp. It was pointed out that St. Mary's used pre -poured cement, and it would probably not last as long and therefor would not be a cost figure that could be used, if we got a different type of concrete. Mr. Ehrick.:stated that other developers.could use the study if the Pine Landmark project did not get started. After discussion by the Council, President Postier was questioning the procedure. He stated that so many things were eliminated and they put them right back into the project. Alderman Gray stated concern about the parking ramp. Powers moved, Solinger second to adopt the prepared Resolutions No. 669-77 and 670-77 approving the agreement for engineering services for a parking ramp between the City of Rochester and Ellerbe Associate! Inc. at a cost of not to exceed $9,500. and the Mayor and City Clerk are authorized to sign said agreement and for engineering services for a skyway system between the City of Rochester and Weichselbaum and Associates, Inc./ Carl Walker and Associates ( a joint venture ) at a cost of not to exceed $25,000.00 and the Mayor and City Clerk are authorized to execute said agreement. The Study will include the Design Study for the parking ramp to be located in the block bounded by First Avenue S. W., Broadway, Third Street S. W. and Fourth Street S. W. including the set up of a Transportation Center for Jefferson Lines and or Rochester City Lines in the bottom; the, ramp to allow for the sale of air rights which could provide for private constructioi above the ramp and in conjunction of development across the street. To provide ground level retail space and the need to acquire the comme cial- properties fronting on Third Street S. W. or any other currently occupied property not fronting on First Avenue S. W. After Roll Call Vote, Aldermen Allen, Gray, Larson, Powers, Solinger and President Postier voted Aye. Ayes (6), Alderman Strain voting Nay. Nays (1). Motion carried.Upon Action above, the Mayor will execute the Phase I contract with Pine Landmark. H-3 Allen moved, Larson second to approve the proposal of C.R. Pelton to do the appraisel work for the Pine Landmark development including the Woolworth building in that 1/2 block. The bid was for $7,275.00. Ayes (6), Nays (1). Alderman Strain voting Nay. Motion carried. It was noted by Aldermen that the money to pay for the studies on the Parking Ramp and the Skyway system would come from the Communit, Dpvelo nt Fund . Lar on movedd Allen second to Approve the above. Ayes k6, Nays (s1). A Berman Strain voting Ly. otnon carried. H-4 Wishing to be heard was Glenn Miller and wondered what the action was (B-5)by the Council on B-5. President Postier stated that it had been denied, and Mr. Miller urged the Council to change. the vote on this project and approve the Petition for the Land Use Plan. Mr. Miller stated that he was not aware that this was in the wrong zone when he negotiated the purchase of this land. After discussion by the Council r. Miller was advised to go back to the County and get a zone change n the land. Having no further business, Larson moved, Groy se con d to djou6 the meeting. Ayes (7) , Nays (0) . Motion carried.���-- Ci-' er <