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HomeMy WebLinkAbout11-06-1978RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regul.ar-.:Meeting No. 20 - November 6, 1978 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M.,fhe follow- ing members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. Larson moved, Duffy second to approve the minutes of the October 16, and 23, 1978 meetings. Ayes (7), Nays (0). Motion carried. C-1 Allen moved, .Duffy second to approve the appointment of Roberta M. (Bobbie ) Herrell, 1021 loth Street S.-W. Ayes (7),.Nays (0). Motion carried. C-2 Powers moved, Strain second to approve the following reappointments to the Rochester Zoning Board of Appeals: Mary Wick 604 21st St. N. E. and Richard A. Hanson,4705 7th Street N. W. Ms Wick term expires on September 1, 1979 and Mr. Hanson expires September 1, 1981. Ayes (7), Nays (0). Motion carried. E-2 Powers moved, Solinger second to reject the bids on 715 and 701 loth Avenue S. E. and 417 7th Avenue S. E. These homes were purchased by the City and bid. We received bids for $200.00 each. Ayes (7), Nays (0). Motion carried. E-3 Strain moved, Allen second to retain the firm of Smith, Schafer and Ferguson to conduct an audit for the City of Rochester's 1978 fiscal year. Ayes (7), Nays (0). Motion carried. E-4 Larson moved, Duffy second to approve the resolution presented by the Downtown Development District Advisory Board with the exception that the Downtown Development District Advisory Board is to set up annual election of officers. This is to instruct the City'.Attorney to prepar an ordinance for establishment and delineation of powers, duties and responsibilities of the Board, the duteis and responsibilities of the Downtown Development Administrator and the powers, duties and res- ponsibilities of the City Planning Department as they relate to the Downtown Development District project and activities. Ayes (7), Nays (0). Motion carried. E-5 Strain moved, Powers second to approve the firm of Miller, Dunwiddie Architects, Inc. as the architect for the Airport Baggage Claim Area at the Rochester Municipal Airport consisting of the construction of a baggage claim addition to the terminal building with a mechanized luggage display. The project includes construction of an elevator and associated stairway for handicapped restaurant customers. Ayes (7) Nays (0). Motion carried. Resolution No. 675A-78 approving the contract E=6 lowers, moved, Allen second to approve the Change Order # 2 Central oarding Concourse Project in the total amount of $6,508.58 and the 7inal-Payme6t to -Alvin E._`Beni'ke; Contractors for tK6.-Central Boarding oncourse in the amount of $17,529.52--and the Final - payment to iller Dunwiddie in the amount of $357.36.- Ayes-(7); Nays (0). Motion arried. 11 RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL' IL007 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - November 6, 1978 Agenda Item E-7 Duffy moved, Allen second to approve the following licenses and bonds: Application received from Nordquist Sign Co., Inc. 312 West Lake Street, Minneapoli's, Minnesota for a License to Erect and Maintain Signs. A bond in the amount of $1,000. has been submitted; Applicatio from Ffenry I. Neuhaus, Elkhorn, Neb. for an Auctioneer's License. A::bond in the amount of $500.00 has been received. Permit to.hold a dance at the Mayo Civic Auditorium on November 18, 1978 from Job'.s Daughters Bethel #13. and a permit to hold a dance at the Mayo Civic Auditorium from Ronald H. Boysen. Application for an On -Sale Non -Intoxicating Malt -Liquor License received from John P. Lambert to sell beer on November 17, 1978 at the Mayo.- Civic Auditorium. Ayes (7), Nays (0). Motion carried. E-9 Solinger moved, Duffy second to approve the Annexation request for 7.8 Acres of Land located between U.S. 14 and Eastwood Road immediat- ely east of the Old Outdoor Theatre Site;,,and Atnstruct the City Attorney to prepare an ordinance that can be adopted. Ayes (7),, Nays (0). Motion carried. E-10 Powers moved, Strain second to approve the petition to vacate a portion of lst Avenue S. E. north of 5th Street and 5th Street S. E. between 1st and 2nd Avenues subject to the following: 1. Dedication of utility easements for a. Sanitary sewer. b. Watermain (along with service connection to lots. c. Electrical lines. d. Natural gas mains e. Telephone cables. f. Fire Department access to individual lots. 2. An adequate answer to the traffic circulation problems be provided 3. Submittal of a site plan for review of the concerned public' agencii and the City Council, and instruct the City Attorney to prepare a resolution setting a date for hearing that can be adopted. Ayes (7), Nays (0). Motion carried. E-11 Solinger moved; Allen second to instruct the City Attorney to prepare the necessary resolution to vacate 25th Avenue N. W. between 21st Street N. W. and 22nd Street N. W. ( The City Attorney is waiting for easements and may take some time in the future to obtain them. ). No Resolution is going to be made at this -time.. Ayes (7), Nays (0). Motion carried.. E-12 Allen moved, Duffy second to instruct the City Attorney to prepare a Resolution adding paragraphs (22) and (23) as follows: (22) 16 1/2 Street N. W. on the north side for a distance of 80 feet more or less in back of the premises known as.Sunset Terrace School, -from 8:00 A.M. to 4:00 P.M. on School Days, for school buses only. (23) 17 1/2 Street N.oW. on the South side for a distance of 200 feet more or lessin front of the premises known as Sunset Terrace School, from 8:00 A.M. to 4:00 P.M. on school -days for school buses only. Ayes (7), Nays (0). Motion carried. E-13 Powers moved, Allen second to approve the payment of $2,700. providini compensation to the contractor for placement of additional soil on City Project 6015-77 West Zumbro J 8568. Ayes (7), Nays (0). Motion carried. 10.08 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 G-1 Strain moved, Powers second to adopt the following prepared Resoluti No. 676-78 ,instructing the City Clerk to order bids on Project No. 7366 J 6302 Installation of Fully -Actuated Traffic Signal and Street Light System at the Intersection of 7th Street and 2nd Avenue N.E. Bids to be opened on December 4, 1978, at 11:00 A.M. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to adopt Resolution No. 677-78 instruct- ing the City Clerk to order bids on Project No. 7853 J 6321 Installation of Fully Activated Traffic Signal and Street Light System at the Intersection of 3rd Avenue N. W. and Elton Hills Drive. Bids to be opened on December 4, 1978 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to authorize the Public Services Departmen to issue a permit with a total of 52 feet total driveway for Greenway Co-op Station at 1740 3rd Avenue S. E. DeMarce Peterson President of Co-op was present and urged the Council to combine these driveways He presented drawings for the Council to view. The Council stated that this is a conditional use, if this doesn't work out safety wise, it will be closed. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to adopt the prepared Resolution No. 678-78 authorizing the City Clerk to advertise for bids on Project No. 6222-4-78 J 8657 Construction of a Sanitary Sewer, Storm Sewer, Watermain , Sewer and Water Service Connections, Street Grading, Base Bituminous Paving, and Concrete Curb and Gutter on 22nd Street N.W. in Replat of Lots 1,2,3, 4 and part of Lot 5, Block 1, Hendrick's Subdivision. Bids will be opened on November 29, 1978 at 11:OO-N.-.M. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to adopt the prepared Resolution No. 679-78 authorizing the City Clerk to advertise for bids on Project No 6222-4-78A J 8665 Grading and Surfacing, Concrete Curb and Gutter, and Watermain in 22nd Street N. W. from 32nd Avenue N. W. to the East Line of Hendrick's Subdivision. Bids will be opened at 11:00 A.M. on November 29, 1978. Ayes (7), Nays (0). Motion carried. Larson moved, Solinger second to instruct the City Attorney to prepare a resolution approving a proposal by Wallace, Holland, Kastler, Schmitz and Co. for Basic Construction in 28th Street S.E. abutting the proposed 12 Seas Subdivision - Project No. 6228-2-78 J 8675. Ayes (7), Nays (0). Motion carried. Strain moved, Allen second to remove the Tabled Item Project No. 6107 78A J 8662 Sanitary Sewer and Watermain to Serve the West One -Half AOth yeJh�� Wh0ne-Third Of Lot 6, Block 15, Golden Hills Addition, fro] Nays (0). Powers moved, Strain second to adopt Resolution No. 680-78 ordering the project to be made. Ayes (7), Nays (0). Motio carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 11 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - November 6, 1978 Agenda Item G-2 Strain moved, Allen second to remove the Project 7002-0-78A J 8663 Sanitary Sewer Extension in 24th Avenue S. E. from 15th Street S. E. to a point 300 feet North from the table. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt the prepared Resolutio No. 681-78 ordering the project to be made. Ayes (7), Nays (0). Moti carried. G-3.Allen moved, Strain second to remove the Bids on Grading and Surfaci Curb and Gutter, Sanitary Sewer, Water.main and Service Connections to serve Ferndale Subdivision Project No. 6502-78 J 8649 from the table. Allen moved, Strain second to reject all bids. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning -Property located at 3020-No.rth Broadway.from R=3 -to 'B-4 ( Land and r>ti Lake' Spong ), was —given its -second . r: eadi n:g . Strain,moved, Allen second=to adopt the Ordinance as read.; -Ayes _(6), Nays. (0)_._.President- Postier.'abs-tained-and the Ordinance was adopted. F-1 Strain moved Allen secondtoadopt Resolution No. 682-78 approving a resolution of the Public Utility Board awarding $5,933.00 contract to GMC Truck for furnishing one one.aonJfl.atbedatruck. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Solinger second to adopt Resolution No. 683-78 approvini a resolution of the Public Utility Board awarding $10,061.26 contract to GMC Truck for furnishing one truck cab and chassis. Ayes (7), Nays (0). Motion carried. F�1 Strain moved, -Allen second.to adopt Resolution No. 684-78 approving a�resolution of the Public Utility Board awarding $1,780.15.contract to Riley Stoker Corporation for furnishing -pulverizer parts for the North Broa_'_dway_ and Silver Lake Plants. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Duffy second to adopt Resolution No. 685-78 approving a resolution of the Public Utility -Board awarding-$1,660.00 contract to Feed -Rite Controls, Inc. for furnishing one fas chlorinator for Well # 26. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Strain second to adopt Resolution No. 686-78 approving a resolution of the Public Utility Board 'awarding $26,133.00 contract to LaHass.Corp. for furnishing one aerial bucket with utility body. Ayes (7),`Nays (0). Motion carried. F-1 Duffy moved, Allen second to adopt Resolution No. 687-78 awarding $4,126.00 contract to GMC Truck for furnishing one one-half ton pick- up truck. Ayes (7), Nays (0). Motion carried. Having no further business, Allen moved, Duffy second to adjourn the meeting until 7:30'P.M. Ayes (7), Nays (0). Motion carried. 1-010 Agenda Item A-1 In B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - November 6, 1978 President Postier. called the meeting to order at 7:30 P.M., the following members being present: President Posher, Aldermen Allen, Duffy, Larson, Powers, Sol.inger,.and Stra.in. Absent: None. A Hearing on the Reprogramming of Community Development Funds. Wish- ing to be heard was Nadine Levin, Administrative Assistant and she presented the.program to the Council. Wishing to be heard was Lyla Benson of 828 2nd Avenue S. W. and Elizabeth Schmuk of the Women's Shelter and they explained their operation and requested the Council to grant them $20,000. for -this program•. Wishing to be heard was Thomas Murray, Chairman of the Building Committee of the Ability Building Center and urged the Council to approve their request and.was present for any questions the Council may have.. Having no one else present that wished to be heard, President Postier closed the hearing. No action will be taken until November 20, 1978. A Hearing on the Petition to change the.Zoning•District from R-1 (Single Family Residential) to R-2 )Low Density Residential ) for the 8 lots in Fierke's Subdivision located along the north side of 15th Street S. E. east of 24th Avenue S. E. Wishing to be heard was Jim Suk on behalf of Builders Land Company and urged the Council to approve this. They want to develop and sell these lots. Parking will be provided. Alderman Strain stated for the Record that new four:.plexes would be built in the area. George Klann of_2700 15th Street S. E. was present and urged the Council not to approve this change. He represented approximately 25 citizens in the audience that were opposed,:to this. Bill Voelker, representing Builders Land Company wished to be heard and urged the Council to approve this. He stated they conform to the Land Use plan. Mike Ginder of 2606 15th Street S. E. wished to be heard and was concerned about the water problem (drainage) in the spring. Louis Walter of 2610 15th Street S. E. stated that this was Co-op water and not City water Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to deny this zone change. Ayes (6), Nays (1). Alderman Allen voting nay. Motion carried. A Hearing on the Petition to change the Zoning District from R-1 (Single Family Residential ) to R-2 (Low Density Residential) for property located at the S.E. corner of the intersection of 43rd Street N. W. and 13th Avenue N. W. Robert Patterson, Attorney representing the petitioner ( William Berg Homebuilder) was present and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to approve this zone change. Ayes (7), Nays (0). Motion carried. The City Attorney was instructed to prepare an Ordinance for adoption. A Hearing on the Application of an appeal from the decision of the Zoning Board of Appeals that denied theapplication to allow a tavern RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3.CI L Agenda Item Regular Meeting No. 20 - November 6, 1978 to be established in the B-4(General Businesss) Zoning. District and located at S 1/2 of Lot 2, Block 1, Pennington Business Park ( East o Universal Ford). Wishing to be heard was Hugh Blee, Owner of the Keg Tavern Northgate Shopping Center and urged the Council to approve this appeal and allow him to build the tavern. Wishing to be heard was Whitey Wheeler,Owner of Universal Ford; John Davies, Owner of Davies -.Printing; Art Stroebel, Onwer of a business next to Davies; Bill Adamson, Owner of Adamson Motors, and they all objected to this tavern being .built in Pennington Business Park and urged the Council -to uphold the decision of the Zoning Board denying the application to rezone the property. Wishing to be heard again was Whitey Wheeler of Universal Ford and wanted the record to show. -that the president of Viking Olds was also against granting the rezoning. Hugh Blee again wished to be heard, and urged the Council to rezone this proper Having no one else wishing to be heard, President Postier closed the hearing.. Duffy moved, Solinger second to deny the application for an appeal from the decision of the Zoning Board and uphold their . decision to deny the applcation to allow 6:Aavern to be established in the B-4 (General Business ) Zoning District and located at S1/2 of Lot 2, Block 1, Pennington Business.Park ( East of Universal Ford Upon Roll call vote, Aldermen Duffy,Larson, Solinger and President Postier voted aye. Ayes (4), Aldermen Allen, Powers and Strain voting nay. Nays (3). Motion carried. B-5 A Hearing on the�Project No. 6256-7-76 J.8571 Grading and Surfacing, Storm Sewer, Subdrains, Sanitary Sewer, and Watermain.on 8th Avenue S. E. - North Line Outlot A Meadow Park 7th to 223' North of Center line 20th Street S. E. Having no one present that wished to be heard President Postier closed the hearing. Strain moved Allen second to adopt Resolution No. 688778 levying the.assessments. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Project No. 6308-4-78 J 8671 Concrete curb and gutter and driveway approaches on 8th Avenue N.W. from 11th.Street N. W. to 12th Street N. W. Having no one present that wished to be heard ;'President Postier closed the hearing. Allen moved, Solinger second to adopt Resolution No. 689-78 ordering the project to be made Ayes (7), Nays (0). Motion carried. B-7 A Hearing on therFiinal Plat of Western 2nd Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to adopt -Resolution No. 690-78 approving -the plat. Ayes (7), Nays (0). Motion carried. E-8 Strain moved, Allen second to approve the semi-monthly bills in the amount of $791..565.72 (list attached).:Ayes (7), Nays (0). Motion carried. E-1 Allen moved, Duffy second to.approve the transfer of the Off -Sale Intoxicating Liquor License presently held by Stanley Mohn at 205 4th Street S. E.(Buckeye Liquors ) to John F. Farrell, Jr. (Haskell's Inc, at 205 4th St. S. E. Ayes (7), Nays (0).-Motion carried. 1012 Agenda Item 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. 20 - November 6, 1978 An Ordinance Rezoning property located north of the Hoffman House from R-1 to B-lb ( Target Store ) was given its second reading. Upon.Roll Call vote, Aldermen Allen, Duffy.and Larson voted nay. Nays (3). Aldermen Powers, Solinger; Strain and President Postier voted aye. Ayes (4). Because this takes a 5/7 vote of the Council this ordinance did.not pass. . An Ordinance Rezoning Certain Property.to R-2 Low Density Residence District on Lots.l and 2, Block 3, Innsbruck One was given its first reading. An Ordinance Annexing to the City of Rochester 7.8 acres of land in Section 6, T106 R13 in Olmsted County ( Old Outdoor Theatre ) was given its first reading. Allen moved, Larson second to adopt Resolution No. 691-78 approving the addition of Parking Zone by adding the following: Paragraph (22) 16 1/2 St. N.W. on the north side for a distance of 80 feet more or less in back of the premises known as Sunset Terrace School, from 8:00 A.M. 'to 4:00 P.M. on schooldays, for school buses only. (23) 17 1/2 St. N. W. on the south side for a distance of 200 feet more or less in front of the premises known as Sunset Terrace School, from 8:00 A.M. to 4:00 P.M. on school days for school buses only. Ayes (7), Nays (0); Motion carried. Powers moved, Allen second to adopt Resolution No. 692-78 approving an agreement for engineering services with Wallace Holland Kastler Schmitz and Co. for the proposed 12 Seas Project No. 6228-2-78 ). Ayes (7), Nays (0). Motion carried. Allen moved, Solinger second to adopt Resolution No. 693-78 approving a revocable permit for t:he encroachment of an underground gasoline storage tank and concrete ballast into the public right of way adjacer to Lot 5, Block 101, Willson's Addition. Ayes (7), Nays (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 694-78 approving an owner contract with E.A. Danewick and Marjorie Danewick for Watermain Extension on 5th Street S. W. from 18th Avenue to West Frontage Road T.H. 14 and 52. ,Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to adopt Resolution No. 695-78 approving an owner contract with Harvey Ratzl.off and Mary Ratzloff for Part II Basic Construction in Parkwood Hills Subdivision. Ayes (7),'Nays (0). Motion carried. Strain moved, Duffy second to adopt Resolution No. 696-78 approving a Lease Agreement between the Rochester Church of Christ for the leas- ing of 20 parking spaces adjacent to 632 2nd St. S. W. Ayes (7), Nays (0). Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 20 - November 6, 1978 Agenda Item F-1 Allen moved, Strain second to adopt Resolution No. 697-78 approving an Owner contract with 12 Seas entitled Grading, Surfacing, Concrete curb and gutter, Sanitary Sewer and Watermain in 28th Street S. E. from the East Frontage Road of Highway 63 South to the East Line of Proposed 12 Seas. Ayes (7), Nays (0). Motion carried. H-1 Allen moved, Larson second to refer the matter of open appointments done by the Mayor and approved by the City Council to the Committee of the Whole for further discussion. Ayes (7), Nays (0). Motion carried. Having no further business; Allen moved, Larson second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. 1117 City C1 er Information - November 6, 1978 1. Minutes of the Standing Committee 10-16-78 2. Minutes of the Standing Committee 10-27-78 3. Minutes of the Standing Committee 10-30-78' 4. Letter from Washington School PTA RE: School Speed Zone 5. Claim for Damage/Clark Arnott, Naples Fla. (ref. Attorney, Insurance and Public Services Dept.) 6. Notic e of Claim for Death of Bruce W. Sorenson (ref. Attorney, Insurance and Public Services. ) 7. Letter from Mrs. Ruth Robertson RE:KLSE Antenna Matter . 8. Letter from Mrs. Jane Murphy RE: KLSE Antenna Matter. 9. Letter from S.E.H.M.O. RE: Cancellation of Letter of Support. 10. Letter from Jerry Reichert RE: Construction near Zumbro River South. $013