Loading...
HomeMy WebLinkAbout05-01-1978979 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 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 April 24, 1978 meeting. Ayes (7), Nays (0). Motion carried. C-1 Larson moved, Powers second to approve the Mayor's Appointments to the Heating, Ventilating and Air Conditioning Board of Review of the following: William Keehn 440 Valhalla Court who will replace C.J. Porter. Term will expire in November, 1981. John A. Rudberg 2312 Telemark Lane N. W. who is reappointed for a three year term ending in November, 1981. Ayes (7), Nays (0). Motion carried. C-2 Strain moved, Allen second to approve the following reappointments to the Rochester Park Board: Dr. David Hoffman of 831 10 1/2 Street S. W. - representing 2nd Ward and Norbert Ryan of 230 14th Avenue S. E. representing 4th Ward. Terms will expire on April 1, 1980. Ayes (7), Nays (0). Motion carried. C-3 Strain moved, Gray second to approve,the Mayor's Appointments and Reappointments as follows:to the Human Rights Commission: Beverly Luther of 1509 5th Street N. E. replacing Vivien Inez Cden Johnson. The term will expire May 1, 1981. John Wright of 739 12th Avenue N. E replacing Stan Dickinson. Term to expire May 1, 1979. Reappo.intments of Daniel J. Moore, 721 Memorial Parkway; Ann Dominquez of 1704 Seconc Avenue S. E.; Lester Hornvedt of 812 Elton Hills Drive; and Reverend James McCauley of Pax Christi church. Terms will expire May 1, 1981. Ayes (7), Nays (0). Motion carried. C-4 Gray moved, Powers second to approve the appointment of Roger Seabrigf to the position of Firefighter effective at 8:00 A.M. on Tuesday, May 12, 1978. Ayes (7), Nays (0). Motion carried. C-5 Solinger moved, Strain second to approve the appointment to the Build- ing Code Board of Appeals of William Canfield 920 11 1/4 Street S. W. for a two year term which will expire May 1, 1980. Mr. Canfield re- places Leslie R. Lance. Ayes (7), Nays (0). Motion carried. D-2 Strain moved, Gray second to adopt the prepared Resolution No. 269-78 referring Street Improvements on 28th Street N. W. between 18 and 19tl Avenue N. W. ( Dale H. Larson ) to the Engineer's Department for a feasibility report. Ayes (7),,Nays (0). Motion carried. D-3 Powers moved, Strain second to adopt the prepared Resolution No. 270- 78 referring Grading and Surfacing, Concrete Curb and Gutter on loth Street S. E. from 16th Avenue to 17th Avenue S. E.; Also Rough Gradin, and Watermain on 17th Avenue S. E. from loth Street to South Frontage Road T.H. 14, Plus Storm Sewer from the Intersection of loth Street and 17th Avenue to 330 Feet North', to the Engineer's Department for a feasibility report. Ayes (7), Nays (0). Motion carried. a, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .:.777 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting -No. 41 - May 1, 1978 ' Agenda Item E-1 Solinger moved, Strain second to approve the issuing of an On -Sale Liquor License to Richard Blondell of Blondell's Inc. to be known as Blondell Motel at 1406 Second Street S. W. Ayes (6), Nays (1). Alderman Allen voting nay. Motion carried. E-2 Strain moved, Solinger second to approve the Resolution No. 271-78 giving preliminary approval to a project under the Municipal Industria Development Act, Referring the proposal to the Commissioner of Securit for approval, and authorizing execution of a memorandum of agreement and preparation of necessary documents relating to the $600,000. Commercial Development Revenue Note ( Seven -Up Bottling Company of Rochester ). Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Allen second to instruct the City Attorney to prepare the legal ducuments associated with the purchase of N.W. Water tower site. The purchase offer was in the amount of $3,100. with the under- standing that the City assume any legal expenses involved in the sale. Ayes (7), Nays (0). Motion carried. E-4 Solinger moved, Gray second to instruct the City Attorney to prepare an ordinance requiring holders of restaurant intoxicating liquor licen to submit a statement by a certified public accountant showing the tot gross sales'and the total food sales for the preceding 12 month period Ayes (7), Nays (0). Motion Carried. Solinger moved, Allen second to instruct the City Attorney to prepare an ordinance abolishing the present Rochester Code of Ordinances, Section 160.260 prohibiting pool tables or billiard tables on any on -sale premises. Ayes (7), Nays (0). Motion carried. E-5 Powers,moved,Larson.second to authorize payment in the amount of $10,664.36 to McGhie and Betts in connection with Phase II constructic on Runway 2-20 at the Rochester Municipal Airport. Ayes (7), Nays (0). Motion carried. E-6 Gray moved, Solinger second to approve the request to sell poppies/ Veterans of Foreign Wars to sell the Buddy Poppy on the streets and the shopping centers of the city on May 19, 1978 from 3:00 P.M. until 3:00 P.M. on May 21, 1978. Ayes (7), Nays (0). Motion carried. E-7 Strain moved, Powers second to approve the request for a Parade Permi. from the Olmsted County Memorial Association starting at 10:15 A.M. on May 29, 1978. Ayes (7), Nays (0). Motion carried. E-8 Solinger moved, Gray second to instruct the City Attorney to draft a resolution authorizing execution of the proposed agreement with the Rochester Airport Company concerning the disposal of sludge at the Rochester Municipal Airport to rent approximately 200 acres at $15.00 per acre. The term of the agreement is from January 1, 1978 thru December 31, 1979. Ayes (7), Nays (0). Motion carried. 2.E-9 Allen moved, Strain second to approve the appointment of pp the City es es 1 RECORD OF OFFICIAL PROCEEDINGS OF. THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Agenda Item E-9 E-10 E-11 E-12 Clerk as the "responsible authority" in accordance with the provision of the Data Privacy Act. Ayes (7), Nays (0).Motion carried. Strain moved, Gray second to approve the following licenses and bonds Cement.,Contractors - Clayton Boutelle of Route # 4 Rochester, Minneso. Bishop and Zorteau Masonry. House Movers License received from Lawrence E. Smith. A Bond in the amount of $7,500. has been received. House Moving Permit received from Wm:Dr.exler.., to move a house from 310 14th Avenue S. W. to 6 miles east Co. # 9. Fee has not been paid as.of this date. Cigarettes to sell at retail from Huey's Wholesale for Yamaha of Rochester. Auctioneer's License - Paul Gathje, Stewart- ville, Minnesota. A: -Bond in the amount of $500.00 has been received. Lowell Gilbertson, Rochester., Minnesota. A bond in the amount of $500.00 has been received. Auction Permit received from W. Witteman < J. Osheeran, Plum City, Wisconsin to hold an auction at the Olmsted Co. Fairgrounds on Sat. May 13, 1978. No bond has been received. Cigarettes at the Olmsted Co. Fairgrounds received from Jeffrey T. Ne* dab Nelson's concession, Sioux Falls, S. Dak. Master Installer and Heating Contractor Donald Ahlstrom of 3919 18th Avenue N. W. His bon( has not been received. This licenses are_.approved pending the payment and bonds due. Ayes (7), Nays (0). Motion carried. Gray moved, Strain second to reject the bids for the rubber tired dozer bid by Ziegler Inc. for $100,480. The bid was more then the budgeted amount and only one bid was received. Ayes (7), Nays (0). Motion carried. A review of the bid specs and how they are written up was suggested by the Council. Finance, Public Services and the City Administrator were suggested to study this question. Powers moved, Larson second to approve the semi-monthly .bills (list attached) in the amount of $298,139.32. Ayes (7), Nays (0). Motion carried. E-13 (Strain moved, Allen second to approve the Preliminary plat, Meadow.Parl South Second Subdivision. Ayes (7), Nays (0). Motion carried. E-15 E-16 E-17 Solinger moved, Strain second to approve the petition to annex Lots 10 13, Block 3 Knollwood Acres Subdivision and instruct the City Attorney to prepare an Ordinance. Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 272-78 approving the petition to vacate Wright Court S. E. with.the::condition that the Final Plat for Homestead Trails First'.Replat is approved by the Counci The hearing date is June 19, 1978. Ayes (7), Nays (0). Motion carriec Solinger moved, Gray second to adopt Resolution No. 273-78 approving the petition to vacate the North 5 feet of a 10 foot Utility Easement on Lot 1, Block 2, Elton Hills North First Subdivision. The date of hearing will be June 19, 1978. Ayes (7), Nays (0). Motion carried. nd on I E-18 Gray moved, Strain second to approve the application of a Planned Unii RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCrL, CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 agenda Item E-18 Development ( Preliminary Plan ) for property located north of Skyline Drive S. W., between U.S. Highway 52 Frontage Road and Walden Lane S. W. subject to the following conditions: 1. The dental clinic bldg. shall be used only for its intended use. Changes in the use of the building shall be subject to approval by the Planning Commission and the City Council as an amendment to the PUD ( Two public hearings will be required to amend the PUD). 2. Recreational vehicle parking shall be prohibited on -site and along the adjacent public street, except for vehicles in -transit. Prohibition of recreational vehicles within the development shall be by private convenant or deed restrict- ion. 3. Exterior lighting should be provided in the parking areas, and should be included on the final plan. All exterior lights should be directed away from the neighboring residential area. 4. A central mailbox should be provided for the townhouses. Design of the mailbox should be harmonious with the exterior of the townhouse units. Locatioi and design of the central mailbox sh all be included with the final plan. 5. A concrete sidewalk should be constructed along the front property line of the dental clinic, adjacent to the frontage road. This sidewalk would replace an existing deteriorated bituminous walk - ay. This should also be shown on the final plan. 6. The developer shall submit a statement as to when a plat shall be submittel for approval . This should be done as soon as possible. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Allen second to adopt the prepared Resolution No. 274-78 approving the Variance to the Subdivision Ordinance pertaining to the plat of Ferndale Subdivision ( This pertains to the waiving f the provision which prohibits the platting of half -width streets). Ayes (7), Nays (0). Motion carried. E-20 3owers moved, Strain second to approve the Preliminary Plat of Ferndale Subdivision subject to the.three conditions as follows: 1. The devel- per dedicates an additional 4.5.feet of right-of-way for 18th Ave. . W. 2. The developer provides additional utility easements requester y the Electric Department.. 3. The developer either- plats the entire fight -of -way for 19th Avenue N.W. or obtains a variance to the Sub - vision Ordinance to allow the platting on only a half -width street. yes (7), Nays (0). Motion carried. E-23 ray moved, Allen second to adopt Resolution No. 275-78 accepting the ngineer's Report and ordering a hearing for June 19, 1978 for Water- ower and trunkmains to serve the low level district of the N. W. ervice Area lying north of 41st St. N. W. Ayes (7), Nays (0). Motion arried. E-24 3train moved, Solinger second to adopt Resolution No. 276-78 approving nd directing the City Clerk to advertise for bids on the following: roject No. 7002-0-78 J 8629 Extension of Sanitary Sewer Service from 4th Avenue S. E. to serve three acres of land to be Platted as Fierke �ubdivision. Bids will be opened May 31, 1978 at 11:00 A.M. Ayes (7) ays (0). Motion carried. Agenda Item E-26 E-27 E-28 E-29 E-30 E-31 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Powers moved, Strain second to adopt Resolution No. 277-78 ordering a feasibility report on Project No. 6213-2-78 J 8618 Grading and Surfacing, Concrete Curb and Gutter on 4th Avenue S. E. from 13th to 14th Street S. E., on 13th Street S. E. from 3rd Avenue to 6th Avenue S. E., and on 14th Street S. E. from 3rd Avenue S. E. to 4th Avenue S.E.; Also Storm Sewer on 13th Street S. E. from 3rd to 4th Avenue S. E., plus Sidewalk abutting Outlot 1, Meadow Park 2nd Sub. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to adopt Resolution No. 278-78 instructing the City Clerk to advertise for bids for Concrete paving of Frontage Road in Cascade Industrial Park. Bids to be opened on May 31, 1978 at 11:00 A.M. Ayes (7) Nays (0). Motion carried. Allen moved, Strain second to adopt Resolution No. 279-78 approving the awarding of a contract to Littrup Nielson, Inc. for a low bid on Santiary Sewer and Watermain in 31st Place N. W. to Serve Lots 23 and 24 in Allendale Subdivision. Low bid was $30,123.00. Ayes (7), Nays (0). Motion carried. ( Project No. 6502-77A J 8608 ). Solinger moved, Gray second to adopt Resolution No. 280-78 approving the awarding of a contract to American Plumbing Company, Inc. Winona, Minnesota for Project No. 5402-77 J 8609 Sanitary Sewer and Watermain in 19th Avenue S. W. from 2nd Street S. W. to 3rd St. S. W. Low bid was $11,778.10. Ayes (7), Nays (0). Motion carried. Powers moved, Gray second to adopt the prepared Resolution No. 281- 78 changing the parking prohibition around Central Junior High from 7:00 A.M. to 5:00 P.M. (4:00 P.M.) School Days Only to 7:00 A.M. to 3:00 P.M. School Days only. Ayes (7), Nays (0). Motion carried. olinger moved, Strain second to adopt Resolution No. 282-78 removing arking as follows: Section B of No Parking Zones (205.5) Fourteenth treet S.W. on the North side from South Broadway to a point 150 feet ore or less West of South Broadway at all times. Ayes (7),Nays(0). otion carried. E-32 Strain moved, Allen second to adopt Resolution No. 283-78 removing parking as follows: Section B of No Parking Zones (205.5) 26th Avenue N. W. on the East side from 19th Street to a point 1,000 feet more or less north of 19th Street at all times. Ayes (7), Nays (0). Motion carried. E-33 Allen moved, Gray second to instruct the City Attorney to prepare an .Ordinance that bus drivers at the Rochester Municipal Airport be prohibited from soliciting passengers except when within three feet f their vehicle. Ayes (7), Nays (0). Motion carried. E-34 Strain moved, Allen second to approve and adopt Resolution No. 284-78 approving the Variance to the Subdivision Ordinance pertaining to the flatting.of Parkwood Hills Subdivision waiving the provisions requir- ing a 66 foot ROW on local streets. Ayes (7), Nays (0). Motion carried, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No_ 41 - May 1, 19ZR Agenda Item E-14 Allen moved, Solinger second to approve th6 P.rel.iminary Plat , Parkwoo, Hills Subdivision subject to the following: 1. The additional easements requrested by the electric Dept. are provided on the final plat. 2. Temporary cul-de-sacs are provided on the east end of "B" and "C" streets as designated on the plat. 3. The streets are named as outlined in the referral letter from the Public Services Dept. 4. The additional utility and sidewalk profiles requested by the Publi Services Department. 4. The additional utility and sidewalk profiles requested by the Public Services Department are provided, along with a large scale drawing of the intersection of "B" street and Viola Road N. E. 5. The vertical curves on the proposed streets are modified to the satisfaction of the Traffic Engineer. 6. That the traffic situation along. County Road No. 2 is investigated and appropriate measures in terms of speed reductions and signage are made to minimize any potential'.traffic hazzards. Ayes (7), Nays (0). Motion carried. E-25 Solinger moved, Gray second to adopt Resolution No. 285-78 approving the proposal for Engineering Services for Basic Improvements.( Const- ruction ) in Parkwood Hills Subdivision. The proposal is by McGhie Aand Betts, Inc. -Project No. 7808-1-78 J 8641. Ayes (7), Nays (0). otion carried. E-35 Larson moved, Gray second to approve the preliM nar..y plat of Folwell est 1st , 2nd , and 3rd subject to the following: 1. The additional asements requested by the Telephone Company , Electric Dept., Water ept., and Public Services are provided. 2. A temporary cul-de-sac is laced at the west end of 6th Street S: W. 3. Additional storm sewer is provided as requested by the Public Services Dept. 4. That the ity Council take the necessary action to designate Blocks 1,2, and Lots 5-14 of Block 3, Folwell West 2nd Sub. and all of Folwell est 3rd Sub. as being included in the Southwest Rochester high-level ater service district. 5. The appropriate easement agreements ertaining to the pro.vi.sion of utilities and access for the two land- ocked parcels south of 7th Street are finanlized before the final pla- s approved. 6. That a solution is worked out with the Fire Departmen n the problem on providing adequate water for fire protection to the omes in this development. Ayes (7), Nays (0). Motion carried. E-36 Fhe Council wished to review the Rochester'City Lines/ City of Rochesti ontract for 1978 Public Transit Aid Program. -',This- will be brought ack at a different time. E-37 rhe Council wished to review the City of Rochester- County of Olmsted ontract for funding Dial -a -ride service. This will be brought back t a different time. E-38 The Council wished to review the 1978 Supplemental Public Transit id Contract. This will be brought back at a different time. E-39 owers moved, Strain second to reject all bids for a diesel truck trac nd rebid the project. Bids will be opened at 11:00 A.M. May 12, 1978 Resolution No. 286=78). Ayes (7), Nays (0). Motion carried. Agenda Item 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 Adjourned Meeting No. 41 - May 1, 1978 An Ordinance Relating to Sanitray Sewer System Charges and Assessments amending Rochester Code of Ordinances, Section 106.070 as amended by Ordinances No. 1843 and 1862 was given its second reading. Strain moved, Powers 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, Minnesota rezoning property bounded by Willow Creek, 20th St Extended, Pinewood Rd. S. E.and.the.,easterly city limits boundary from R-lff to R-3ff was given its second reading. Gray moved, Allen 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 Minnesota -... Rezoning property located north of Pax Christi Church and west of 18th Avenue N.W. from R-1 to R-2(Western Walls, Inc. ) was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 287-78 approving a Resolution of the Public Utility Board awarding $35,392.00 contract to Charles Olson and Sons for furnishing two Pitman model PL-361-5 aerial baskets with bodies. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 288-78 approving a Resolution of the Public Utility Board awarding the $10,078.11 contract to Clements Chevrolet for furnishing one truck cab, chassis hoist. Ayes (7), Nays (0). Motion carried. Strain moved, Gray second to adopt Resolution No. 289-78 approving a Resolution of the Public Utilty Board awarding $13,507.42 contract to Clements Chevrolet for furnishing two one-half ton pickup trucks and one van panel truck. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 290-78 approving a Resolution of the Public Utility Board awarding contract to Koch Fuels, Inc. for furnishing 84,000. gallons of fuel oil at a cost of $.3674/gal f.o.b. shipping terminal plus the transportation rate of $.00979/gal. f.o.b. destination. Ayes (7), Nay.s (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 291-78 approving a Resolution of the Public Utility Board awarding.$1,584.00 contract to Shamrock Enterprises for repair of driveways into five wellhouses with two and one-half inch overlay of AC2341 bituminous. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Strain second to adopt Resol-,Ution No. 292-78 approving a Resolution of the Public Utility Board awarding $17,726.76 contract to Clements Chevrolet for furnishing two truck cabs and chassis. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL .PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Agenda Item F=1 Gray moved, Allen second to adopt Resolution No. 293-78 approving a resolution of the Public Utility Board awarding $20,865.00 contract to Ditch Witch of Minnesota, Inc. for furnishing one tractor -trencher. Ayes (7),.Nays (0). Motion carried. F-1 Powers move,d Allen second to adopt Resolution No. 294-78 approving resolution of the Public Utility Board awarding $1,920.00 contract to United Conveyor Corporation for furnishing pulverizer parts for Unit # 2 at the Silver Lake Plant. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Gray second to adopt Resolution No. 295=78 approving resolution of the Public Utility Board awarding $2,232.00 contract to United Electric Corporation for furnishing 48 RTE elbow assembly valve arresters (100). Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Larson second to adopt Resolution No. 296-78 approving resolution of the.Public Utility Board approving Amendment No.-1 o the contract with Texas Instrucments for the Silver Lake Plant ection 316(b) demonstration for an amended contract cost of $23,878.01 yes(7), Nays(0). Motion carried. F-1 arson moved, Gray second to adopt Resolution No. 297-78 approving resolution of the Public Utility Board authorizing the expenditure f $2,279.81 to cover Rochester's share of the Minnesota Environmental uality Board's 1976 expenditures. Ayes (7), Nays (0). Motion carried aving no further business, Allen moved, Gray second to adjourn the eeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried. A-1 resident Postier called the meeting to order at 7:30 P.M., the follow• ng members being present: President Postier, Aldermen Gray, Larson, olinger and Strain. Absent: Aldermen Allen, and Powers. B-1 k Hearing on the Application to Amend the Final Plan for Summit Square anor Planned Unit Development (PUD 77-13) located in the 900 Block etween 40th and 41st Streets N. W. Wishing to be heard was Mr. John obney, Attorney for the Doerfler Construction Company; Inc. St. Paul he developer. Urged the Council to approve this, but do to( .the: Iact that conventional financing was not available on this project, nd the Housing and Urban Development Financing which was available equested them to eliminate garages, swimming pools and sliding glass oors, they are asking that these items be eliminated from the PUD lans. Mr. Martin Stapleton, Attorney of Summit --Square Associates tated that HUD did request that the items listed above be eliminated rom the project and urged the Council to approve the amended plan. om Sweeny, Attorney from St. Paul representing Banco Corporation xplained the method of financing this project, and also urged the ouncil to approve the amended plan. Having no one else present that ished to be heard, President Postier closed the hearing. Alderman train stated that this project was gone through step by step and pproved and the garages, swimming pool and recreation vehicle area ••a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 and was in favor of including them in the project. President Postier stated for the record that he would like to see a decision withheld but would discuss this at this meeting. President Postier stated that after a meeting with HUD, they requested .that:the,decision be delayed until they could do further investigation. Alderman Strain asked'.what would happen to the building progress. President Postier stated that they would proceed at their own risk. Gary moved, Strain second to hol.d this over for two weeks until they have more information from HUD. Alderman Solinger stated that he did not under- stand why a banker would go along with a building project when a final plan had not been approved. President Postier stated that the Council did state thru Scott Martin of the Planning Department that the. developer withhold construction during the week of the rains because we wish to have the developer come forward and meet with us so we could talk the situation over and during the week of the rains and the mud when you could not operate a truck by itself to haul gravelan that the caterpillars were used to pull the trucks in, now I don't think that that was in the best interest of the City , and I don't think that the action of the developer was very proper, and we are aware of that and would like it stated for the record. Mr. Gerald Swanson, City Attorney questioned the Planning Department as to when they sent notification to the developer. Mr. Swanson asked Tom Moore, Planning Director who the letter was sent to. Mr. Moore.stated it was sent to Mark Stapleton. Mr. Moore attached the copies of the building permits that had been.issued. Mr. Swanson questioned Mr. Moore if these permits had the notation on that the garages and pools were to be built at a later date. Mr. Moore stated that it had. The letter was dated March 3, 1978. Mr. Roger Plumb, Public Services Dir. stated that they called for a footing inspection on April 19, 1978. He was not sure if work proceeded then or not. Mr. Tom Sween represent ing Banco. He replied that banks don't lend money without verificatio but in this case they relied on the information contained in the communication between them and our Planning Department. President Postier stated if they noted that the statement :�regarding;the garages was on, and did the bank take the -.time to observe that note. Mr. Sween stated he would have to check with the bank. Mr..Thomas Moore read a copy of the letter he wrote to Mr. Martin Stapleton and sub- mitted it for the record. Alderman Strain asked at -what point did the developer know that they would not allow garages. Mr. Dobney said that late in September, 1977 they believed that these things were eliminated. He stated that apparently there was a misunderstandi And only when they became involved in HUD did they realize that the items listed were eliminated. Alderman:Strain questioned Mr. Dobney-sa that September 1977 they were aware that the amenitites would not be in the project. Mr. Dobney stated that was his understanding that HUD had indicated this in late September, 1977,that they would not approve the amenities.- Alderman Strain stated that as a member of this Council he did at that time, know that the garages, deck, Swimmin pool, sliding doors , storm shelter, etc. was proposed to be deleted. President Postier stated that on September 26, 1977 this Council went along with permits so that Mr. Doerfler could get financing. We were asked to procede with the permits, and if this is on the 26th of Sept. ing 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Agenda Item B-1 at that time.we.,were certainly thinking that you were going to put up garages, swimming pools and the other amenities. We just hear now that the later part of September, you knew that you could not do that. What is the later part of September? Mr. Dobney stated that plans that were filed and approved by your authorities did not contain the swimming pools, did not contain the garages or the other amenities that were mentioned, so again the developer and the contract• r in proceeding had a set of plans that had been approved by the officials of the City of Rochester without these amenities. He did of know the exact dates because he was not involved there, but he oes know that plans as approved did not have these amenities in them o certainly the City of Rochester, and its officials must have been ware because you approved the plans of record. President Postier tated that he would like the gentleman that appeared before the Counc. asking for the permit so that the developer could get the loan to come ack to the Council and clearify`this problem. Martin Stapleton anted to be on the record as stating that Mr. Doer.fler had constructic ommence on April 3, 1978. With respect to the delays, I appreciate he fact that there may be a need for delay he would like the Council o be aware of the fact that the developer and the lender has advanced ver $700,000. to this project. Plus additional outlay in land etc. oss of this project would affect the developer at this point. r. Dobney would also like to comment for the record that the notation bserved on the building permit was made on February 22, 1978 - this as made a part of the record. It says -plans and specs reviewed and pproved as revised and corrected addenda and letters attached to lans and dated Nov 4, Nov. 23, Dec. 2, 1977 and Jan. 25 and 26, 1978. o it was on these revised plans that the developer and contractor t least believed that they were proceeding with the knowledge of he authorities of the City of Rochester. Mayor Smekta stated that he problem be reviewed and all persons involved should get together ith the CouncilIMr. Moore, and legal to resolve this situation. oting on the question - Ayes (5), Nays (0). Motion carried. B-2 I Hearing on the Application for a Planned Unit Development ( Concept tatement) for property located on parts of'Lots 8 and 9, Allendale ubdivision in the vicinity of 28th Street and 18th Avenue N.W. Dr. ale Larson wished to be heard and stated that they complied with ever' equirement and urged the Council to approve this project. Having no ne else that wished to be heard, President Postier closed the hearing olinger moved, Strain second to approve the PUD. Ayes (5), Nays (0). otion carried. B-3 A Hearing on the Application for a Planned Unit Development ( Amended Final Plan ) for PUD-B-24 ( Hoffman House-Greenview Office Building) located on Lots 1 and 2, Block 2, Green Meadows lst Sub. Having no one present that wished to be heard, President Postier closed the hearing. Gray moved, Larson second tot.approve the plan subject to the following: L. Loading space and service drive between the restaurant and proposed office building is designated and reserved for such use. 2. Access will be provided as necessary to the'adjacer RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ME B-4 B-5 : CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 vacant land to the north.of the PUD from the existing northernmost point of ingress/egress off Greenview Drive. Ayes,(5.), Nays (0). Mo carried. Resolution No..298-78 was approved. A Hearing on the Petition to change the Zoning District on the NE corner of the intersection of U.S. 14 and Marion Road S. E. from B-lb ( Neighborhood Business), Planned Unit Development, and R-1 ( Single Family Residential ) to B-4 ( General Business ) and R-3FF ( Medium - Density Residential Flood Fringe ) District. Bill Voelker representing the petitioner was present and urged the Council to approve the petition. Dave Alexander of 507 18th Street N. W. property owner in the area wanted to know what B-4 zone consisted of. Th.is was explained by Scott Martin of the Planning Department. Havin no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Gray second to approve the petition and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition to change the zoning district from R-1 (Single Family Residential) to R-3 ( Medium Density Residential ) for two parcels of land located north of Rocky Creek Mobile Home Park in the proposed Northern Slopes Development. Having no one present that wished to be heard, President Postier closed the hearing Larson moved, Solinger second to instruct the City Attorney to prepar an Ordinance for adoption. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition to change the zoning District from R-1 (Single Family Residential ) to B-4 ( General Business),District for property located at 2005 Highway 14 East ( Covered Wagon Motel and Trailer Court.) Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Gray second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition to change the zoning district from R-1 (Single Family Residential ) to B-4 ( General Business ) District for land located in the Southeast quadrant of the intersection of U.S. Highway 63 and 37th Street N. E. ( 3140 Highway 63 North ). Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Larson second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (5), Nays (0). Motion carried. Hearing on the Petition to change the Zoning District on the Proper located on the southeast corner of llth Avenue N.W. and 16th Avenue N. W., legally described as Lot 1, Block 3, Replat of Bielenberg and Giese Fourth Addition from R-1 ( Single Family Residential to B-la ( Residential Business) District. Wishing to be heard was Robert Suk representing the petitioner. Mr. Suk explained how the building would be built and urged the Council to approve this project. on RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL' ` �8"� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Agenda Item B-7 Robert Nuss representing 16 residents of the area opposed this project. Bill Voelker stated that the parking was no problem and because of the design of. the building, this would be a logical extension for -that location. He urged the Council to approve this. Michael Curry stated that no one would purchase this property to put a home up. David Parkin, current owner of the lot stated he purchased the lot 4 years ago to protect his lot so no one would build on it. He now has had an offer to buy this and urged the Council to approve the petition. Having no one else present that wished to be heard, Larson moved, Strain second to deny the petition. Ayes (5),.Nays (0). Motion carried. B-8 A Hearing on the Final Plat of Fierke's Subdivision. Having no one present that wished to be heard, President Postier closed the hearing Larson moved, Solinger second to adopt the prepared Resolution No. 299-78 approving the plat. Ayes (5), Nays (0). Motion carried. B-9 A Hearing on the Final Plat for Parkit Replat. Having no one present that wished to be heard, President Postier closed the hearing. Straii moved, Larson second to adopt the prepared Resolution No. 300-78 approving the plat. Ayes (5), Nays (0). Motion carried. B-10 A Hearing on the Final Plat, Replat of a Part of Outlot "A" Meadow Park 5th Subdivision. Jim Thompson of 967 11 1/4 St. S. E. was preset and was worried about a multi family dwelling type building.whi:ch might be put in the area. He stated he was opposed to this type of thing. Scott Martia of the Planning Department stated that what floor area depends on the lot size it was rezoned to R-3 about 10 years ago. Alderman Strain suggested a buffer of trees etc. be put between the one family and the new zone. Mr. Harold Payne stated that he had never had a request for that sort of thing. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Larson second to approve the plat. Ayes (5), Nays (0). Alderman Strain suggesting that a buffer be considered. Motion carried. ( Resolution No. 301-78). B-11 A Hearing on the Final Plat of Homestead Trails First Replat. Having no one present that wished to be heard, President Postier closed the hearing. Gray moved, Strain second to adopt the prepared Resolution No. 302-77 approving the plat. Ayes (5), Nays (0). Motion carried. B-12 A Hearing on the Final Plat of Green Meadows West. Wishing to be hear( was George Baihly of 1805 Salem Road and gave a brief history of the area. Wishing to be heard was Mr. FrGncis Washburn of 2051 Carriage Dr. He wanted to know where this area was going to be. This was explained to him.. He urged the Council to table this until the "bottle -neck" of a road was strM ghned out. Mr. Bail�y..stated that the street had been abandoned and the developer had in the By -Laws and articles of the Association that the developer has the authority to develope the area as he sees fit. Roger Plumb, City Engineer stated that the 33 foot roadway is sufficient. Having noFone else present that wished to be heard, President Postier closed -the hearing. it RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-12 B-13 B-14 D-1 E-10 E-21 E-22 E-38 Adjourned Meeting No. 41 - May 1,1978 Larson moved, Solinger second to adopt Resolution No. 303-78 adopting the plat. Ayes (5),Nays (0). Motion carried. A Hearing on the Final Plat, Sunset Terrace Eighth Subdivision. Havin no one present that wished to be heard, President Postier closed the hearing. Gray moved, Strain second to adopt Resolution No. 304-78 auDrovina the plat. Aves (5). Nays (0). Motion carried. A Hearing on the Planning Commission Initiated Rezoning of Mayo Park and the area bounded by 4th Street S.E., 1st Avenue S. E., 5th Street S. E., and 4th Avenue S. E. from B-4FF (General Business Flood Fringe ) to B-3FF ( General Business Flood Fringe ). Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to instruct the City Attorney to prepare an Ordinance that can be adopted. Ayes (5), Nays (0). Motion carried. Mr. B.J. Loftsgaarden wished to be heard regarding his outstanding obligation. He owed the City of Rochester $7,619.31. This is in regard to Rochester Villas. Mr. Loftsgaarden stated he would com- promise on this bill. He was told by the Council that he would have to pay the full amount. Larson moved, Strain second to approve the following license - Auction license for May 2, 1978 received from Frank M. Sursely. A bond in the amount of $1,000. has been received. This is to sell food handlers equipment at the Olmsted County Fairgrounds on May 2, 1978. Ayes (5), Nays (0). Motion carried. Larson moved, Gray second to approve the Variance to the Subdivision Ordinance pertaining to the Platting of Bel Air Fourth Sub. Ayes (4), Nays (1). Alderman Solinger voting nay. Motion carried and the prepared Resolution No. 305-78 was adopted. Gray moved, Strain second to approve the application for the prelimin, plat for Bel Air Fourth Subdivision subject to the following conditioi 1. a temporary cul-de-sac being provided at the end of 34th Street 2. The developer granting the additional easements requested by the Ele. Dept. and Public Services Dept. 3. The dev. constructing an 8 foot bituminous walkway along 37th Street as part of the development of this sub. 4. The developers modifying the vertical curves on the proposed streets to satisfy the City Traffic Eng. 5. That a copy of the preliminary plat showing the revisions is submitted to the staff for file. 6. The City Council approve a variance to the length of thi cul-de-sac. Ayes (4), Nays (1). Alderman Solinger voting nay. Motion carried. >olinger moved, Gray second to adopt the prepared Resolution No. 306- 78 approving the submission of the 1978 application for State of Minnesota Supplemental Public Transit Aid Program. Ayes (5), Nays (0 ,ry s: Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL" . ire 11 . CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 41 - May 1, 1978 Agenda Item F-1 An Ordinance Rezoning Certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minn. to B-4 General Business District - Groteboer and Penz. This was given its first reading. F-1 An Ordinance Rezoning Certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of'Rochester Minnesota ( Theodore 0. Wellner Property located.North of Rocky Creek.Mobile Home Park has given its first reading. F-1 An Ordinance Rezoning certain Property and amending Ordinance No. 1651, known as the Zoning Ordinance of the City of'Rochester, Minnesota to B-4 General Business District ( Theodore Wellner Property .in SE quadrant of intersection of Hwy 63 and 37th Street N. E. ) was given its first reading. F-1 An Ordinance Rezoning certain property and amending Ordinance No. 1651. known as the Zoning Ordinance of the City of Rochester, Minnesota to B-4 General Business District - Dale L. Bass - Covered Wagon Motel and Trailer Park 2005 Hwy 14 East was given its first reading. F-1 An Ordinance Rezoning certain property and amending Ordinance No.. 1659 known as the Zoning Ordinance of the City of Rochester, Minneso to B-3FF General Business District Flood Fringe ( Mayo Park ) was given its first reading. F-1 An Ordinance annexing to the City of Rochester Minnesota certain plat ed land in Knollwood Acres .Olmsted County, Minnesota ( Donald Anderson Property ) 2.45 acres. was given its first reading. F-1 5olinger moved, Gray second to adopt Resolution No. 307-78 approving a quit claim deed between the City of Rochester and Central Propertie, Inc. conveying property located in a portion of Lots 1 and 2,, Block 14 Head and McMahon's Addition for a cost of $8,500.00. Ayes (5), Nays (0). Motion carried. Having no .further business, Solinger moved, Gray second to adjourn the meeting until 4:45 P.M. on May 8, 1978. Ayes (5), Nays (0). Motion carried. City Clerk J 890 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned. Meeting No. 41 - May 1, 1978 Agenda Item Information - May 1, 1978 1. Minutes of the Standing Committee - 4-10-78 2. Minutes of the Standing Committee - 4717-78 3. Minutes of the Standinc Committee - 4-24-78 4. Request for street barricade, Aldrich Memorial Nursery School ( referred to Public Services Department for handling ) 5. Request for 4-way stop sign at 8th Avenue and 16th Street S. E. (referred to Public Services Department for review and recomm- endations ) 6. Petition for improvements at intersection of Northern Hills Drive and T..H: 63 ( referred to Public Services Department for review and recommendation.