HomeMy WebLinkAbout08-21-1978960 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. ll - August 21, 1978
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,
Duffy, Larson, Powers, Strain. Absent : Alderman Solinger.
Larson moved, Powers second to approve the minutes of the August 14,
1978 meeting. Ayes (6), Nays (0). Motion carried.
Alderman Allen welcomed the citizens to his ward. This was the first
time the Common Council conducted an official meeting i,n-`any other
establishment then City Hall. Alderman Allen thanked the Rochester
School District for cooperating with the City when they granted
Harriet Bishop School as -;the -official meeting place in the Third
Ward.
B-1 A Hearing on Project No. 6213-2-78 J 8618 Grading and surfacing, con-
crete 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 Subdivision.
Wishing to be heard was Robert French member of the trustees of the
Meadow Park Church of Christ 6th Avenue and 13th Street S. E. He
was opposed to this project, and presented a letter of opposition
to the City. It was stated by Mr. French that they had no use -for
sidewalk, and preferred to keep the hedge that they have as it served
as a buffer. Having no one else present that wished to be heard,
President Postier closed the hearing. Alderman Strain explained that
this was a Council initiated project, and he had quite a few calls
opposing this improvement. Roger Plumb, Public Services Director
stated that the sidewalk was needed as a route for school children.
The sewer was also needed, that it now had a drainage ditch which
was not appropriate. In the winter time snow would be piled up
on the ground where the potential sidewalk would be placed, and child-
ren and people would have to walk in the street which is dangerous.
The street -in the area is in bad shape and is deteriorating and
should be replaced. Allen moved, Powers second to approve the project
Upon roll call vote, Aldermen Allen, Larson, Powers, Strain and Presid
Postier voted aye. Alderman Duffy voted nay. Ayes (5), Nays (1).
Because a 6-7 vote was needed,by the Council to approve the project,
the motion did.not carry and the project was not approved.
B-2 A Hearing on the Appeal from the decision of the Zoning Board of Appea
to deny the application to allow a duplex on a lot having a lot
depth of 134 feet instead of the maximum of 100 feet allowed by the
Zoning Code located in the 1700 Block of 3rd Avenue N. E. Jim Suk,
Attorney on behalf of Mosley and Hora applicants, presented a visual
map and names of 20 people who approved the use of this land for
building duplexes. He stated that many things the citizens were
concerned about were taken care of and that the access would be put
on 17th Street so that 3rd Avenue would not have so much of their
traffic. The buildings would be owner -occupied and urges the Council
to grant the variance . Wishing to be heard was Gene Reynolds of
ant
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. 961
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - Auqust 21, 1978
Agenda
Item
B-2 1743 3rd Avenue N. E. and was opposed to this,project. A letter of
opposition was presented that contained 18 names from people in the
area. Having no one else present that wished to be heard, President
Postier closed the hearing. Powers moved, Allen second to deny the
decision of the Board of Appeals to�,deny the variance. Upon roll cal
vote, Aldermen Duffy,Strain and President Postier voted nay. Nays (3)
Aldermen Allen, Larson, Powers voted aye. Ayes (3). Tie vote. No
Action taken. Allen moved, Powers second to table,this until a full
Council is present. Ayes (6), Nays (0). Motion carried.
B-3 A Hearing on the petition to change the'Zoning District from R-1
(Single — Family Residential ) to B-la ( Residential Business )
District on property located at 911 llth Avenue N. W. ( Seventh Day
.Adventist Church ) and 1103 and 1103 1/2 9th Street N. W. Wishing
to be heard was Herb Fitch of 1107 9th Street N. W., Carl Linden of
910 12th Avenue N. W.; Mrs. James Jahn 915 9th Avenue N. W., Wilbur
Schernann of 1103 loth Street N. W.; Mrs. Harvey Hiebel of 914 12th
Avenue N. W. were opposed to this change. Wishing to be heard was
Dick Ziegler,representing the Maass:_,Realty that would be purchasing
this property and urged the Council to approve the rezoning. He
stated that this would be excellent for a realty office, they had
businesses near by . This B-la is the most restrictive zone next
to the R-1. Wishing to be heard was the.Pastor of the Seventh Day
Adventist. Church'and:Dr.Laivell, Member of the Seventh Day Adventist
Church; Ron Rurnfield Member of the Seventh Day Adventist Church;
Clarence Hors, Member of the Seventh Day Adventist Church and urged
the Council to approve this petition. Having no one else present
that wished to be heard, President Postier closed the hearing.
Allen moved, Duffy second to deny the petition. Ayes (6), Nays (0).
Motion carried.
B-4 A Hearing on the Rezoning of 14.40 acres of land located along the
north side of US 14 West, West of the Cascade Industrial Park,
from R-1 ( Single Family Residential ) to M-2 ( General Industrial)
Having no one present that wished to be heard, President Postier
closed the hearing. Duffy moved, Strain second to proceed with the
zone change and instruct the City Attorney to prepare an ordinance
making the change. Ayes (6), Nays (0). Motion carried. ( Jake
Seehusen )
B-5 A Hearing on the application for approval of a Planned Unit Developmei
( Concept Statement ) to be known as Miner Heights 7th Subdivision
located -at the northern extension of 19th Avenue N. E. Wishing to be
heard was Leslie Stevens Of 1045 19th Avenue N. E. opposed to this
PUD and .represented approximately 12 citizens present in the audience
who stood in opposition. Jim Hink of Hiawatha Court was present
and was in opposition; Lester Tiedeman of 1050,19th Avenue N. E.;
Leonard Tlougan of 1003 19th Avenue N. E. ; Larry Boushier of loth
Street S. E.; Jean Freeman of 1705 loth Street N. E. were opposed
to this project. Bill Voelker representing the developer, Lowell
Penz explained the project and stated that many places only have one
access and urge the Council to approve the project. Having no one.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Adjourned Meeting No. 11 - August 21, 1978
else that wished to be heard, President Postier closed the hearing.
Larson moved, Duffy second to deny the concept statement. Upon
roll call vote, Aldermen Allen, Duffy Larson voted aye. Ayes (3).
Aldermen Powers, Strain and President Postier voted nay. Nays (3).
This being a tie vote,no. action could be taken. Allen moved, Duffy
second to table this until a full Council is present. Ayes (6),
Nays (0). Motion carried.
A Hearing on the Application for approval of a Planned Unit Develop-
ment ( Concept Statement ) for the proposed Target Store to be locate
west of U.S. Highway 14 and South of CSAH # 8 on land zoned B-lbFF
(Neighborhood Business Flood Fringe ). Wishing to be heard was Dick
Bryan, Salem Road, Rochester, Minnesota, Willard Knapp 730 2nd St.
S. W.; Joseph Szurszewski,Fred Nobrega 907 11 1/4 Street S. W.;
James Lynch,1508 4th Avenue S. W., Bill Wiedman of 2606 Crest Lane
S. W., representing the Zumbro Valley Neighborhood Association; Donal
Frerichs, member of the Rochester Town Board - Alice Hoffman 2525
Hillside Lane; Cynthia Daube 1120 6th St. S. W., representing the
Rochester Association of Neighborhoods; Bob Trigstad; James Doggins
602 Memorial Parkway; Stan McComb of 709 Memorial Parkway; Robert
Riley 914 11 1/4 Street S. W.; Dale Chrysler of 1925 Salem Road
S. W.; Robert French 412 24th Street S. W. Marion Bogneson of 836
3rd-Ave. S. E.; Wally Macher of 979 11 1/4 Street S. W. were opposed
to this PUD. Speaking for the land-owners:.in thisi,area was George
Kerr and encouraged the Council to approve this concept statement.
Speaking for the Target Store was Thomas Bonneville and presented
p:l.ans and survey's of traffic patterns. Mr. Ron Yaggy,of Yaggy
Associates, Rochester Ardhitects explained the way the land was
designed and explained the parking provided for Target, costs etc.
Shelly Johnson of the Target Store presented a traffic analysis from
different approaches and at different times of the day and during the
rush hour. It presented an over all picture of good traffic flow.
Having no further citizens that wished to be heard, President Postier
closed the hearing. Duffy moved, Larson second for denial of the
project. Upon Roll call vote, Aldermen Allen , Duffy, Larson
voted aye. Ayes (3). Aldermen Powers, Strain and President Postier
voted nay. Nays (3). Tie vote. Allen-, moved, Duffy second to table
this until the September 5, 1978 meeting or until full Council is
present. Ayes (6), Nays (0). Motion carried.
Allen moved, Powers second to adopt Resolution No. 546-78 referring
the petition received from 7-Up Bottling Company for Improvements
in 22nd Street N. W. from 32nd Avenue to the east line of Hendricks
Subdivision to the Public Services Department for a feasibility
report. Ayes (6), Nays (0).Motion carried.
Powers moved, Allen second to approve the recommendation to assign
the responsibility for supervision of the Civic Theater and Art Cent
buildings to the Park and Recreation Department. Ayes (6), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNC(..
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - August 21, 1978
Agenda
Item
E-2 Strain moved, Powers second to approve the following licenses and
-bonds: Application for a 3.2 beer licenses to the St. Pius Men's
Club at Cook Park on Sunday, August 27, 1978. Application transferrii
the On and Off Sale non -Intoxicating 3.2 beer license from Conrad
Mader of Con's Queen City Grocery pending approval by the Police
Department to Gladys A. Rucker of 130 lst Avenue N. E. Plainview ,
Minnesota. Application for a Master Installer's License received froi
Wayne E. Techau , Sr. 1111 8th Avenue S. E. and from Clarence R.
Peters for a Heating Contractor and a Master Installer License
a bond in the amount of $5,000.00 has been received. Ayes (6), Nays
(0). Motion carried.
E-3 Strain moved, Allen second to approve the semi-monthly bills in the
amount of $790,855.26 ( list attached ). Ayes (6), Nays (0). Motion
carried.
E-4 Strain moved, -Allen second to approve the budget amendment to add
a full time position of a secretary in the music department. A
half time position had been previously used. Ayes (6), Nays (0).
Motion carried.
E-5 Allen moved, Duffy second to approve the application for a revocable
permit by the Mayo Clinic to allow a private sign to be erected on
the boulevard on the west side of 4th Avenue S. W. and instruct the
City Attorney to prepare a resolution approving the issuance of the
permit. Ayes (5), Nays (0). Alderman Powers abstained . Motion
carried.
E-6 Allen moved, Larson second to approve the Petition to vacate a porti
of 16th Street S. W. in the Apache Mall Shopping Center Subdivision
subject to the approval of the replat for this area which will be
known as Apache Mall ReSubdivision No. 2. Ayes (6), Nays (0). Motion
carried.
E-7 Strain moved, Powers second to approve the preliminary Plat of Elton
Hills North 4th Subdivision subject to the following: 1. Additional
utility easements requested.are provided on the final plat. 2. A:no
access provision is included on those lots fronting on the future Wesi
River Parkway. 3. A temporary cul-de-sac is provided at the east
end of 9th Avenue N. W. Ayes (6), Nays (0). Motion Carried.
E-8 Powers moved, Strain second to approve the petition to vacate a
portion of the public alley abutting the east side of Lot 8-11
Block 3.�Flathers°Addjti6n. Ayes (6),
Nays (0). Motion carried.
E-9 Allen moved, Duffy second to approve the renaming of Manor Woods 3rd
Manor View Drive N. W. Ayes (6), Nays (0). Motion to instruct the
City Attorney to prepare a resolution adopting this. Motion carried.
E-10 Duffy moved, Larson second to deny the Subdivision request by
Western Walls Inc. r�garding Me ppr liminar lat of Weste m Second
Subdivision. Ayes (6 , Nays (0 . Mo ron caRig'.
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964 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - August 21, 1978
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Allen moved, Larson second to adopt Resolution No.549-78 awarding
the bid of $9,441.50 to Fraser Construction Company on Project
No. 7704-0-77 J 8597 Sanitary Sewer Extension from the NW Trunkli6e.
Sewer to serve the south 1/2 of the S.E. 1/4 Section 9, Cascade
Township. Ayes (6), Nays (0). Motion carried.
Allen moved, Larson second to.adopt Resolution No. 550-78 awarding
the bid of $77,202.00 to Littrup Nielson, Inc.. for Project No. 5402-
78 J 8656 Storm Sewer Installation in 19th Avenue S. W. from 2nd'
Street to 5th Street S. W. and in 5th Street S. W. This motion also
instructs the City Atrorney to prepare- an.,ggreement.between�.:the'Ci:ty
and Metro Development Corporation whereby Metro would pay for 50%
of the cost of the mainline trunk sewer. Ayes (6). Nays (0). Motion
carried.
Larson moved, Allen second to award the low bid of $350,175.70 to.
Rochester Sand and Gravel, Inca Rochester, Minnesota for Project No.
6302-1-78 J 2113 Reconstruction of West Silver Lake Drive from 7th
Street N. E. to North Broadway. Ayes (6), Nays (0). Motion carried.
Strain moved, Powers second to adopt Resolution No. 552-78 authorizin
the City Clerk to advertise for bids on the following: Project .7812
J 4233-17.Replacement of Flood Damaged and other Miscellaneous
Sidewalk and Curb and Gutter. Bids to be Opened August 31, 1978 at
11:00 A.M. Ayes (6), Nays (0). Motion carried.
Larson moved, Duffy second to table the Removal of Parking along
Fourth Street S. E. for left turn lanes at llth Avenue until the
Committee of the Whole studies the problem. Ayes (6), Nays (0).
Motion carried.
Duffy moved, Larson second to approve the request of the Utility
Department that the general manager be allowed the discretion to
extend the July 6-14 time -.,-period on a case by case basis for those
employees who may be affected. This was because the Public Utility
workers had to be on duty during the flood and did not get a chance
to work on damages they had. Ayes (6),:Nays (0). Motion carried.
Strain moved, Larson second to approve the'low bid of a million
dollars coverage for Public officials for the amount of $10,917.00
Ayes (6), Nays (0). Motion carried.
Duffy moved, Larson second to keep the City's insurance including
the flood insurance under one carrier until we readvertise in 1980.
Ayes (5), Nays (0). Motion carried. Alderman Powers abstained.
Duffy moved, Larson second to approve the revision of the construction
schedule on the PUD to permit the alteration of existing facilities
to accomodate the issued liquor license at this time and the construct
ion of the motel addition to take place in 1979. The owner fully
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RECORD OF OFFICIAL PROCEEDINGS OF THE, COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA .
Adjourned Meeting No. 11 - August 21, 1978
Agenda
Item
E-19 understands that the liquor license was issued on the basis of the
PUD and will be reviewed in the spring of 1979. Ayes (6), Nays (0).
Motion carried.( Blondel' Motel).
G-1 Powers moved, Allen second to remove the Project No. 6502-78A J 8652
Grading and Surfacing, Watermain, Sanitary Sewer, Storm Sewer
service connections in 19th Avenue N. W. Cascade to 28th Street N. W.
from the table. Ayes (6), Nays (0). Motion carried. Powers moved,
Allen second to take this item back to the Publicl-Works Committee
for further review. Ayes (6), Nays (0). Motion carried.
G-2 Allen moved, Powers second to remove the Amended Floodway Delineations
from the table. Ayes (6), Nays (0). Motion carried. Allen moved, Strai
second to table this until the Federal Insurance Administration study'.
is -completed. Ayes (6), Nays (0). Motion carried.
G-3 Allen moved, Larson second to approve the request for Community, -,-
Development Block Grant Funds in the amount of $21,052.00 to offset
the loss of $24,782 in HUD 701 funding due to failure to complete
the Housing Element for the ROCOG area.`"_Ayes (6), Nays(0). Motion
carried.
F-l' An Ordinance Rezoning certain property and amending Ordinance No. 165�
known as the Zoning Ordinance of the City of Rochester, Minnesota
( Springer Realty Company, Inc. ) was given its second reading.
Powers moved, Strain second to adopt the Ordinance as read. Ayes (6),
Nays (0). Motion carried.
F-1 An Ordinance Rezoning Certain property located along the.west side
of Rocky Creek Drive at the entrance to the mobile home park from
R-3 to B-lb ( Mrs. Harriet W. Lindeen ) was given its second reading.
Strain moved, Allen second to adopt the ordinance as read. Ayes (5),
Nays (1). Motion carried. Alderman Duffy voted nay.
F-1 Strain moved, Powers second to adopt Resolution No. 553-78 approving
a resolution of the Public Utility Board awarding $2,925 contract to
Babcock and Wilcox for furnishing boiler parts for Unit # 3 , Silver
- Lake Plant. Ayes (6),Nays (0). Motion carried.
F-1 Strain moved, Powers second to adopt Resolution No. 554-78 approving
a resolution of the Public Utility Board awarding $2,956.02 contract
to Burmeister Electric Company for furnishing driscon conduit.
Ayes (6), Nays (0). Motion carried.
F-1 Allen moved, Duffy second to adopt%!Resolution No. 555-78 authorizing
the Board to pay $3,500.00 to the City of Rochester, Public Service
Department for installation of a drain line from the electric
manhole at Sta 2 + 20.9 to the curb box at Sta 0 + 46.5 ;n Fifth
Avenue S. W. Ayes (6), Nays (0). Motion carried.
F-1 Strain moved, Powers second to adopt Resolution No. 556-78 approving
s . RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 -.August 21, 1978
Agenda
Item
F-1 a resolution of the Public Utility Board awarding $6,000. contract
to Westinghous&.Electric Corp. for furnishing an engineer to inspect
turbine bearings at Silver Lake Plant Unit # 3. Ayes (6), Nays (0).
Motion carried.
F-1 Powers moved, Strain second to adopt Resolution No. 557-78 approving
a resolution of the Public Utility Board awarding $3,141.00 contract
to RESCO for furnishing one 150 KV pad mount transformer. Ayes (6),
Nays (0). Motion carried.
F-1 Strain moved, Allen second to adopt Resolution No. 558-78 approving a
resolution of the Public Utility Board awarding $1,719.90 contract to
Hewitt -Robins for furnishing part for the car shaker. Ayes (6),
Nays (0). Motion carried.
F-1 Allen moved, Strain second to adopt Resolution No. 559-78 approving
a resolution of the Public Utility Board authorizing the Board to
enter into a joint use agreement with People Co-op Power Association
for the 115KV North Loop Transmission Line. Ayes (6), Nays (0). Motion
carried.
F-1 Strain moved, Allen second to adopt Resolution No. 560-78 approving
a resolution of the Public Utility Board awarding $13,261.56 payment
to the Kruse Company for oversize pipe charges for material supplied
in Northern Heights Eighth Subdivision and Meadow Park Fifteenth
Subdivision. Ayes (6), Nays (0). Motion carried.
F-1 Larson moved, Allen second to adopt Resolution No. 561-78 approving
A resolution of the Public Utility Board awarding $1,600. contract to
Soil Exploration Company for furnishing soil investigation on the
115KV North Loop Line steel pole installations. Ayes (6), Nays (0).
Motion carried.
F-1 Larson moved, Duffy second to adopt Resolution No. 562-78 approving
Amendment No. 1 to the contract with The Sanitary Company for steam
line maintenance for a total amended contract price of $10,000.00.
Ayes (6), Nays (0). Motion carried.
F-1 3train moved, Powers second to adopt Resolution No. 563-78 setting
hearing date of October 16, 1978 at Council Chambers.-: in. --Rochester,
innesota for the vacation of a portion of 16th St. S.W. Apache Mall
Shopping Center subject to a final plat. Ayes (0). Nays (0). Motion
arried.
F-1 arson moved, Allen second to adopt Resolution No. 564-78 setting
hearing date of October16, 1978 at Council Chambers in Rochester
innesota for the vacation of a portion of a alley abutting the east
ide of Lots 8-11 Block 3 Flathers Addition. Ayes (6), Nays (0). Moti
arried.
ving no further business, Allen moved, Powers second to adjourn the
eting .Ayes (6), Nays (0). Motion carried.I IN ^ Q `
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" RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. 967
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - August 21, 1978
Information - August 21, 1978
1. Minutes of the Standing Committee - 8-7-78
2. Letter from Citizen RE: Gold Cross Ambulance
3. Letter from Bank Restaurant RE: Fire Exit from 2nd Floor ( Ref
to Public Services Dept. for review and recommendation.
4. Letter from Valley View Village Ass'n RE: Parking on the West
Side of Valleyhigh Drive ( Referred to Public Services Dept.
for review and recommendation )
5. Letter from Louis J. Bortolon RE: Request for Block Party
(Referred to Public Services Dept. for handling )
6. Letter from Dison's Cleaners RE: One -Way Street Proposal.
t