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HomeMy WebLinkAbout10-02-1978RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 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, Ypuffy, LL rson, Powers, Solinger and Strain.(Soli,nger and Strain arriv, latN.)Agsent: None. Powers moved, Duffy second to approve the minutes of the September 5 and 18, 1978 meetings. Ayes (5), Nays (0). Motion carried. C-1 The Mayor's appointment to the Planning and Zoning Commission of Jane. -Campion of 1548 4th Avenue S. E. was not acted on. Ms Campion could not accept the appointment because of illness in the family. C-2 Powers moved, Larson second to approve the Mayor's appointment of Jay Christensen of 409 17th Street N E. to the Zoning Board of Appeal Term will expire September 1, 1980. He replaces LeRoy Cook. Ayes (5), Nays (0). Motion carried. E-1 Larson moved, Duffy second to approve the request for a revocable permit/ to allow the construction of a fire exit from the second floor• of the Bank Restaurant. This would encroach upon the City owned property between the Bank Restaurant and the Chamber of Commerce. Ayes (5), Nays (0). Motion carried. E-2 Lars on moved, Duffy second to approve the rate increase for the parking meters from 60 minute meters in the central business district from 10¢ per hr. to 20� per hour and the rate on the 12 minute meters from 2¢ for 12 minutes to 5¢ and eliminate the use of pennies in all meters. and approve the hiring of another meter maid. This motion instructs the City Attorney to prepare any necessary resolutioi that may be needed for this action. Ayes (5), Nays (0). Motion carril E-3 Allen moved, Larson second to approve the revocable permit to allow the existence of an underground gas tank to encroach upon the city's right-of-way and instruct the City Attorney to prepare the necessary resolution that may be needed for this action. This is for Budget Rent-A-Car on 530 South Broadway. Dan Berndt 505 Marquette Bank Building , Attorney for Budget Rent-A-Car was present and wished to be heard, and requested the Council approve the encroachment of a sign that is on this property. .Aldermen discussed this and stated the State of Minnesota would have to grant approval of this. Alderman Solinger arrived at 2:07 P.M.. Ayes (6), Nays (0). Motion carried. E-4 Duffy moved, Larson second to approve the following request for the Riverside Project: 1. Designate Riverside Partners as the developers proposed Project site. 2. Authorize the Downtown Development Distri Staff to enter into negotiations for a Phase I Agreement and include the negotiation:-for.;taxLexemptrmortgage;jfriinancing: , between the City of Rochester, and Riverside Partners. Ayes (6), Nays (0). Motio carried. is A. :t E-5 (Powers moved, Duffy second to authorize the City Clerk to advertise 990 ;. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 E-5 for the public hearings to be conducted on October 16, and November 6, 1978 on the Reprogramming of the Community Development B16ck Grants. Ayes (6), Nays (0). motion carried. E-6 Larson moved', Duffy second to adopt Resolution No. 632-78 advertisinc for bids to remove a residence at 715 loth Avenue S. E. and filling of the basement. Ayes (6), Nays (0). Motion carried. E-7 Powers moved, Solinger second to approve the payment of estimates for work completed to date of Runway 2-20 project at the Rochester P Y P J Municipal Airport - Allstate Paving, Inc. $187,334.44 and Engineerinc Services to McGhie and Betts, Inc. $12,067.58 I includes 10% retainai Ayes (6), Nays (0). Motion carried. E-8 Powers moved, Larson second to authorise the submission of the Grant Amendment with'. revised project estimates in the amount of $11,902.29 on Runway 2-20 reconstruction project requesting an increase in ADAP funds and execution of a statement by the Mayor committing 10% local funds ($1,190.23 ). Ayes (6), Nays (0). Motion carried. E-9 Allen moved, Powers second to approve the following licenses and bonds: On -Sale Non -Intoxicating Malt Liquor License for Waldo's Pizza Joynt, Northbrook Shopping Center; and Application for Temporar Non -Intoxicating Malt Liquor License for the Mayor Civic Auditorium from Ronald Boysen to hold and dance and 3.2 beer on October 6, 1978. Ayes (6), Nays (0). Motion carried. E-11 Solinger moved, Allen second to approve the Preliminary Plat of Western Second Subdivision with the installation of an 8 inch watermain between 41st and the proposed 42nd Street along the west side of the Broadmoor Village and tying into this development. Ayes (6), Nays (0). Motion carried. E-12 Duffy moved, Powers second to approve the request to initiate the annexation of 10 acres of land located along Bandel Road N. W., immediately to the northwest of Cascade Ridge Subdivision and instruc the City Attorney -,,to prepare a resolution initiating such proceedings Ayes (6), Nays (0), Motion carried. E-13 Duffy moved, Solinger second to approve and authorize the necessary landfill cell construction work on Cell # 4 at the Sanitary Landfill The estimated expenditures is $68,719.00. Ayes (6), Nays (0). Motion carried. E-14:_ Larson moved, Duffy second to refer the School Crossing at 18th Avenu N. W. and Cascade Street to the Committee of the Whole for further study. Present were Joan Hoeft of 2425 18th Avenue N. W. and Connie Polk 2515 18th Avenue N. W. and urged the Council to approve this. Ayes (6),Nays (0). Motion carried. E-15 Solinger moved, Allen second to adopt Resolution No. 633-78 approving ��l RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNMIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 Agenda Item E-15 the proposal for Engineering Services, Elton Hills North 4th Sub- division of McGhie and Betts for basic improvements in Elton Hills North Project No. 7602-4-78 J 8669. Ayes (6), Nays (0). Motion carried. E-16 Solinger moved, Powers second to adopt Resolution No. 634-78 approvini the Project No. 7802-2-78 J 8670 Basic Improvements in Western 2nd Subdivision approving McGhie and Betts to provide the Engineering Services. Ayes (6), Nays (0). Motion carried. lAlderman Strain arrived - 2:20 P.M. E-17 Powers moved, Allen second to adopt Resolution No. 635-78 accepting the Engineers Report and ordering a hearing to be held November 6, 1978 on Project No. 6308-4-78 J 8671 Concrete Curb and Gutter and Driveway Approaches on 8th Avenue N. W. from llth to 12th Street N. W. Ayes (7), Nays (0 ). Motion carried. E-18 Allen moved, Duffy second to adopt Resolution No. 636-78 authorizing the City Clerk to advertise for bids on Project No. 7706-0-77 J 8601 Watermain extension along the east side of Trunk Highway No. 63 from Golden Hill School to a point 388 feet north of the south line of Section 14 Rochester Township. Bids to be opened on October 18, 1978. Ayes (7); Nays (0). Motion carried. E-19 Allen moved, Powers second to adopt Resolution No. 637-78 approving Project No. 6502-78A J 8652 proposal for engineering services by Zenk Engineering of 820 3rd Avenue S. E. for Grading and Surfacing, Concrete Curb and Gutter, Watermain, Sanitary Sewer, Storm Sewer, and Service Connections in 19th Avenue N. W. from Cascade Street N. W. to 28th Street N. W. and in 1.9th Avenue cul-de-sac south of Cascade Street. Ayes (7), Nays (0). Motion carried. E-20 Larson moved, Solinger second to approve the purchase of the Essex Farm for Park purposes..- The State of Minnesota would pay $343,500. and the City of Rochester $100,000. with the rest donated by Dr. Essex. Total purchase price would be $687,500. Ayes (7), Nays (0). Motion carried and the City Attorney is instructed to prepare the legal papers. E-21 Larson moved,.Strain second to adopt Resolution No. 638-78 awarding Project No. 6302-1-78A J 8668 Demolition and removal of Structures on Lots 2,3,4, 5 and the West 44 feet of the South 7 feet of Lot 6, Block 48, Original Plat , also known as Pruett Building" to Fraser Construction Company for the price of $9,831.00 subject to the approv< of the First National Bank of Rochester. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 639-78 approvinc a Resolution by the Public Utility Board to award $2,545.00 with GNS Fencing for furnishing fencing materials for the Country Club Manor Well site. Ayes (7), Nays (0). Motion carried. 992 ... Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 G-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 16 - October 2, 1978 Allen moved, Larson second to adopt Resolution No. 640-78 approving a Resolution of the Public Utility Board approving a purchase order agreement with Nalco Chemical Co. for furnishing 6,300 pounds of Nalco # 395 . Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to adopt.Resolution No. 641-78 approving a Resolution of the Public Utility Board approving the purchase order agreement with Marion Wrecking and Excavating for the demolition of houses at 523 and 527 First Avenue N. E. and the garage behind 533 First Avenue N. E. at a cost of $1,875.00. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to adopt Resolution No. 642-78 approving a Resolution of the Public Utility Board approving the purchase order agreement with U. S. Transformer Company for 21 overhead transformers repaired at a cost of not to exceed $10,000. Ayes (7), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 643-78 approving a Resolution of the Public Utility Board approving the payment in the amount of $4,061.59 for plans check and building permit for the North Broadway Plant Stack Installation. Ayes (7), Nays (0). Motion carried. Allen moved, Larson second to adopt Resolution No. 644-78 approving a Resolution of the Public Utility Board approving authorization to pay to Hirman Insurance Company the sum of $37,200. for the Utility's portion of the City policy for public officials liability insurance. Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to adopt Resolution No. 645-78 approving a Resolution of the Public Utility Board approving a contract agree- ment with Energy Engineering, Inc. for 20,000 tons of coal to a period ending March 31, 1979 at a cost of $25.50 per ton f.o.b. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 646-78 approving a Resolution of the Public Utility Board approving a contract.with Pfeifer and Shultz / HDR, Inc. for furnishing engineering services to conduct a preliminary evaluation of proposed ash disposal sites at a cost of $3,000.00. Ayes (7), Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 647-78 approving a payment of $22,370.00 to Mrs. Cyril Winslow for nursing care provided by herself on -,behalf of her husband, Cyril Winslow, City Employee. Mr. Winslow died on July 3, 1977. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to remove the Parking along 2nd Avenue NE and 12th Street NE ( West Silver Lake Drive NE from the table. Ayes (7), Nays (0). Motion carried. r, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL' 993 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 Agenda Item G-2 Larson moved, Duffy second to adopt Resolution No. 648-78 covering the follow.i;ng:. 1. Delete Paragraph (21.6) of Section B, No Parking Zones. 2. Amend Paragraph (22) to read as follows: West Silver Lake Drive NE on the west side.:from First Avenue to 8th Street and on both sides from 8th Street to 7th Street , at all times. Ayes (7), Nays (0). Motion carried. H-1 Allen moved, Larson second to approve sending Aldermen Peter Solinger and Darrell Strain, and Stevan Kvenvold, Assistant City Administrator to Washington D.C. to lobby in congress to include and promote the passage of the Flood Control for the City of Rochester. -'The President of the United States was expected to veto a bill which included this project. It was expected that if this veto was not over -ridden by congress, then Rochester would have a good chance of being included in another package to be voted on by congress. These representatives were vital to the City of Rochester to be in Washington at this time. Included in the representatives were Paul McCue going on his own behalf and Mark Ricker, Executive Vice President of the Chamber of Commerce. Ayes (7), Nays (0). Motion carried. Having no further business, Allen-second:to adjourn the meeting. Ayes (7), Nays (0). Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Posti.er, Aldermen Duffy, Larson,.Solinger and Strain. Absent: Aldermen Powers and Allen. B=1 A Hearing on the Proposed 1979 Annual Budget. Nadine Levin, Administrative Assistant explained the process of preparing the budge and how the money is distributed. This was done with a slide pre-' sentation. Wishing to be heard was Cliff Johnson of 324 14th St. N.E President of the Rochester Art Center.1-;Mr. Johnson summarized the budget of the Art Center and urged the Council to approve the amount of $20,000.00. Wishing to be heard was Mrs. Vivita Leonard of 719 5th St. S. W., Vice President of the Rochester Civic Theatre and urged the Council to approve the budget request of $16,000. She also went thru the needs and expenditures of the Civic Theatre. Wishing to be heard was Mark Ricker Executive Vice President of the Rochester Area Chamber of. Commerce. He urged the Council to approve the request of $80,900. for the Convention and Tourism Division and $19,500. for the Chamber Economic Development Division. Having no one else present that wished to be heard, President Postier-closed the hearing. No action was taken at this time. . -A 994 Agenda Item am B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 A Hearing on the Petition to change the zoning district from R-3 ( Medium Density Residential ).to B-4 ( General Business ) District for a 0.5 acre tract directly behind Land and Lake Sporting located at 3020 North Broadway. President Postier stepped down from the chair at this time because the request to change the zoning was submitted from himself. President Pro-Tem Larson conducted this hearing. Wishing to be heard was R.J. Dick Postier of Land and Lake Sporting Goods,3020 North Broadway. He was present for any questions the Council may have. Alderman Solinger wanted to know what this land would be used for. Mr. Postier stated it was for additional storage for his equipment and supplies. Having no one else present that wished to be heard, President Pro-Tem Larson closed the hearing. Solinger moved, Strain second to approve the petition and instruct the City Attorney to prepare an ordinance for adoption. Ayes (4). Nays (0). President Postier abstained. Motion carried. President Postier regained the Chair. A Hearing on the petition to change the zoning district from R-lFF ( Single Family Residental Flood Fringe) to M-IFF.( Light Industrial Flood Fringe ) for property located at and adjacent to 1617 5th Street N. W. ( Ford McNutt Glass and U-Haul.). Terry Maus, Attorney for the petitioner Nell M. Cooke and Donald and Beverly Swanson was present and urged the Council to pass this request and urged them to suspend rules on the reading of the Ordinance and adopt it "at this time. Having no one else present that wished to be heard, President Postier closed the hearing. Larson moved, Duffy 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 Proposed amendments to Paragraph 65.600, Tabl.e 3, and paragraphs 65.602, 65.605, and 65.607 of the Rochester Zoning Code, allowing for drive-in facilities for commercial uses in the B-lb (Neighborhood Business ) District, when authorized by a Con- ditional Use Permit. Wishing to be heard was Paul Olander, Vice President of the First National Bank, Rochester, Minnesota and stated they would like to convert the present A & W Root Beer Stand to a Drive In bank. He stated this would be conducive to the area and they had enough parking. He urged the Council to adopt this and suspend rules on the Ordinance so that it would be adopted. Ayes (5), Nays (0). Motion carried. A Hearing on the Project No. 6222-4-78A J 8665 Grading and Surfacing, Curb , Gutter and Watermain in 22nd Street N. W. from 32nd Avenue N. I to the East Side of Henrick's Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Larson moved, Duffy second to adopt Resolution No. 649-78 ordering the project to be made. Ayes (5), Nays (0). Motion carried. . A Hearing on the Sanitary Sewer in 24th Avenue S. E. from 15th St. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA Regular Meeti:ig No. 16 - October 2, 1978 Agenda Item B-6s, A Hearing on the consideration of a Sanitary Sewer Extension in 24th Avenue S. E. from 15th Street S. E. to a point 300 feet north. Having no one present that wished to be heard, President Postier closed the hearing. This is a Council initiated project, and the action needs 6-7 vote_ of the Council. The vote will be taken on this item on October 16, 1978. B-7 A Hearing on the consideration of a Project No. 6107-78A J 8662 Sanitary Sewer and Watermain to Serve the West One -Half of the South One -Third of Lot 6, Block 15, Golden Hills Addition. Having no one present that wished to be heard, President Postier closed the hearing This is a Council initiated project, and the action needs 6-7 vote .of the Council. The vote will be taken on this item on October 16, 1978. B-8 A Hearing on the Petition to vacate a portion of the 30-Foot Service Drive Easement on the West side of 18th Avenue N. W. Having no one present that wished to be heard, President Postier closed the hearing Strain moved, Duffy second to proceed and instruct the City Attorney to prepare a resolution vacating the easement. Ayes (5), Nays (0). Motion carried. B-9 A Hearing on the Final Plat of Meadow Park South Third Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No..650-78 approving the plat. Ayes (5), Nays (0). Motion carried. E-10 Strain moved, Larson second to adopt the semi-monthly bills in the amount of $744,986.16 ( list attached ). Ayes (5), Nays (0). Motion carried. G-1 John Chisholm/Bruce Erickson wished to be heard regarding the Health Maintenance Organization. This was tabled from the September 5, 1978 Council Meeting., and will remain tabled until a full Council is present. E-9 No Action was taken on the House:Moving permit submitted by Hill Fitzgerald to move a house from 324 14th Avenue S. W. to'1231 llth Avenue S. E. Alderman'Powers questioned this earlier and was not present at this time to comment. F-1 An Ordinance to amend Section 65.600 Table.III under B-lb to add Bank Drive -Ins as a conditional use under B-lb was given its first reading. Larson moved, Strain second to suspend the rules and give this ordinance a -second reading. Upon Roll Call vote, Aldermen Duffy, Larson, Solinger, Strain and President Postier voted aye. Ayes (5), Nays (0). Motion carried. The Ordinance was given its second reading. Larson moved, Duffy second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property amending Ordinanee'No. 1659 995 :� r 99s F-1 F-1 F-1 F=1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 16 - October 2, 1978 known as the Zoning Ordinance of the City of Rochester Minnesota to B-4- General Business District ( Land and Lake Sporting ) 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 M-IFF Light Industrial District- Flood Fringe ( Cooke -Swanson 1617 5th St. N . W. ) was given its.first reading. Larson moved, Duffy second to suspend the rules and give this Ordinance a second reading. Upon Roll Call vote, Aldermen Duffy, Larson, Solinger, Strain and President Postier voted aye. Ayes (5), Nays (0).. Motion carried. Strain moved, Duffy second to adopt the Ordi.nance as read. Ayes (5), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 651-78 vacating the Service Drive Easement across Lots 8-9 Allendale Subdivision. Ayes (5), Nays (0). Motion carried. Larson moved, Duffy second to adopt Resolution No. 652-78 petitioning the Municipal Board to annex the 10 acres of Property located along Bandel Road N. W. immediately to the Northwest of Cascade Ridge Sub- division. ( Bandels ). Ayes (5), Nays (0). Motion carried. Larson moved, Strain second to adopt Resolution No. 653-78 approving a public street easement granted by Richard S. Stanger and Donna G. Stanger covering land in Lot 24 Allendale a subdivision of the SW 1/4 of Section 22, Township 107, Range 14 in Olmsted Co. Ayes (5), Nays (0). Motion carried. Having no further business, Larson moved, Duffy second to adjourn the meeting. Ayes (5), Nays (0). Motion carried. City Clerk Information - October 2, 1978 1. Minutes of the Standing Committee 9-18-78 2. Minutes of the Standing Committee 9-25-78