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HomeMy WebLinkAbout12-18-1978RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - December 18, 1978 Agenda Item A-1 President Postier called the meeting to order, the following members bei.ng present: President Pos,tier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. Allen.moved, Solinger second to approve the minutes of the November 20; 1978 meeting. Ayes (7), Nays (0). Motion carried. B-1 A Hearing.on the Community Development Block Grant - Year V. Nadine Levin, Administrative Assistant presented.slides of projects funded in the past and.stated that approximately .$659,000..was expected to be received by the City in 1,979. Wishing to be heard was Liz Schmuck and Lyla Benson. These two persons are working with the Women's Shelter in Rochester, and urged the Council to grant them money for a permanent shelter. These women gave a brief outline of the shelter and how it is being used. Mayor Smekta stated that he visited with them and urged the Council to spend time learning more about this program. Having no one else that wished to be heard, President Postier closed the hearing. No action will be taken at this time. A Hearing on the.Approval for a Planned Unit Development ( Concept Statement ) to be known as Valley Garden Apartments and located along Valleyhigh Drive N.W. between 21st Avenue N. W. and 19th Street N. W. Wishing to be heard was John Blumentri:t representing the developer, Stan Mohn and Carlton Penz. Mr. Blumentrit urged the Counc to approve this and presented a drawing on the outline of the buildin and the number of.apartments that would be built. Wishing to be heard was Barbara Herivel of 1759 25th Avenue N. W. and gave a brief his,tor, of the activities.in that area. She.urged the Council to deny this. Approximately 30 people were in the audience in protest to this project. Wishing to be heard was Al Pertuz of 1703 25th Avenue N. W. Greg Bell,:1721 25th Avenue N. W.; Wayne Herivel of 1759 25th Avenue N. W.; James Janke 1683 25th Avenue N.W.; Ted Kleitman of'2038 16--1/2_ Street N. W. ; Warren Lenz of 1715 25th Avenue N. W.; Jerry Jensen 1771 25th Avenue N.W.; Bill Schneider of 1783 25th Avenue N. W.; Jerry Brekhus of 2403 17 1/2 St. N. W. and were.urg;i.ng;ithe Council to deny.%,this project. A Petition of protest was also presented by these people. Wishing to be heard was Carlton Penz, developer for the project. He answered some of the questions raised by the citizen! one of which was of concern was the density. Mr. Penz stated that a° compromise could be reached, and that some of the concerns about flooding, etc. were being taken care of. LeRoy Bredeson of 1777 25th Avenue N.W. also wished to be heard and urged the Council to deny,.:this. Having no one else present that wished to be heard, President Postier closed the hearing. After discussion by the Counci' Alderman Allen stated that he is concerned about the peoples problems.and concerns in that area. He has received 15 pages of material regarding this project and has adequate information from that to base his decision. He th.inks 48 units is to many for the density.(.R-1) and is unrealistic for this area. He suggests to the Council that 8-4 plexes for a total of 32 units would be feasible G3® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item B-2 Alderman Duffy questioned Roger Plumb, Public Services Director about the f.l.00ding, Storm sewer and if it would be installed on the East side of Valleyhigh Drive. Mr.,Plumb stated that this would be taken care of. -Allen moved; Duffy second to approve the concept statement allowing eight (8),4 plexes with Access.and parking areas remain essentially as proposed, with the accesses to align with those on the west side of Valleyhigh Drive and parking to be oriented towards Valleyhigh Drive and that special consideration be given at the preliminary plan stage to.landscaping, especially in buffering this development .from adjacent single family homes. Consideration should also be given to creating an interior.pedestrian circulation system. He aso stated concerns about the speed limits of traffic in that area. Ayes (7), Nays ('0). Motion carried. B-3.: A Hearing on -the Proposed Amendment to Paragraph 66.308 of the Zoning Code. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Powers'se.cond to instruct the City Attorney to prepare an Ordinance making the necessary change to this code. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to B-lb ( Neighborhood..Business) for property located at 1147 8th Avenue S. E. adjacent to the Kentucky Fried Chicken.Restaurant.No one present that wished to be heard, President Postier closed the hearing. A letter was received by the City Clerk from the petitioner requesting that this hearing be withdrawn. Strain moved, Powers second to approve the applicant withdrawing this hearing. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to instruct the Planning and Zoning Department and the Planning Commission to look into a conditional use for this in the B-la zone as soon as possible. Ayes (7), Nays (0) Motion carried. C-1 Powers moved, Duffy second to establish a public hearing date to be held on the Recommended Public Utility,Board Charter Amendments. The hearing will be held on January 15, 1979, at 7:30 P.M. Ayes (7) Nays (0). Motion carried. C-2 Powers moved, Larson second to approve the appointment of Clifford W. Barton of 509 7th Avenue S. W. to the.position of Police Officer effective January 1, 1979. Ayes (7), Nays (0). Motion carried. D-1 Al Street requested to be heard regarding truck routes on 19th Street N.W. and Elton Hills Drive , Al Street of 1007 4th St. S. E. was present and. wished to be heard. Mr. Street stated the hardships of getting trucks around town and urged the Council to do something; about this problem. He stated that 19th St. was constructed for truck traffic and that he wanted to use it. Larson moved, Strain second to review the situation and instruct the Public Works Department and Public Safety Committee to study this problem and come back with a recommendation. Ayes (7), Nays (0). Motion carried. RECORD OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1031 I Agenda Item E-1. E-2 E-3 E-4 E-5 E-6 E-7 E-9 : CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No.' 23 - December 18, 1978 Allen moved, Larson second to approve the request to transfer the Off -Sale Intoxicating Liquor License / Bob's Liquor to Charles James Hicks, 2315 Parkside. Lane, S. E. located at 15 2nd Street S. E. former owner was Mrs. Esther L. Golob. The name will remain Bob's Liquor Store. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to approve the request fora parade of the Lutheran Church in America;:Youth Convention subject to the approval of the Police Department. The parad6=will be held December 30, 1978 at 9:30 A.M. Ayes (7), Nays (0). Motion carried. The Dancing permit in establishments selling 3.2.beer topic was discussed.by the Council. -,Wishing to be heard was a representative from Casa Samora Restaurant in Rochester and he stated that the price of $750.00 was to high. Allen moved, Duffy.second to refer this back to the Committee of the Whole for further discussion. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to approve the designating of Mr. Jack Holt as the developer for the site proposed for the Campbell Hotel Project and authorize the Development District staff to begin negotiations for a Phase I Agreement between the City of Rochester and Mr. Jack Holt. Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to approve the request that Council design Development Control Corporation as the developers for their proposed site, with the exclusion of the hotel site, and authorize Development District Staff to begin negotiations for a Phase I Agreement between the City of Rochester and.Development Control Corporation. Ayes (7), Nays (0). Motion carried. Al.leni: moved, Strain second to table the Extension of Phase I Agree- ment for Dr. Gores' Project until January, 1979. Ayes (7), Nays (0) Motion carried. Allen moved, Powers second to approve the request to authorize the hiring of consultants for the Development District Office Staff on an "as -needed basis" upon concurrence of the City Administrator. Ayes (7), Nays (0). Motion carried. Duffy moved, Powers second to approve the following licenses and bond! Bingo licenses for the 1978-1979 year for American Legion, Wimmina T. McCoy Post # 92; Sts. Anargyrio. Greek Orthodox Church and V.F.W Whitlock Sonnenberg Post 1215. Bonds in the amount of $10,000. has been waived.by the Council. Ayes (7), Nays (0). Motion carfted.: Strain moved, Al.len second to approve the semi-monthly bills in the amount of $ 441,466.72 ( this excludes a bill presented by Rochester Visitor in the amount of $360.00.) ( list attached ). Ayes (7), Nays (0). Motion carried. .te 1632 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ' ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - December 18, 1978 Agenda Item E-10 Duffy moved, Larson second to adopt Resolution No. 762-78; 763-78 and 764-78 authorizing the submission -of the 1. Zumbro Park South. Trail = Total estimated cost $13,100. Natural Resource Funds $5,240. Quarry Hill Park Trail - Total estimated cost $7,600'. and Natural Resource Funds $3,040.; Silver Lake Park Trail - Total estimated cost $7,400. and Natural .Resource Funds $2,926.00. Ayes (7), Nays (0) Motion carried. E-11 Allen moved, Powers second to approve the petition to annex 40.33 acres of land located in' the Northwest Quadrant of the Intersection of 37th Street N.E. and U.S. 63 North ( Benike, Palmer -Soderberg Property ) and instruct the City Attorney to prepare an.Ordinance that can be adopted. Ayes (7), Nays (0). Motion carried. E-12 Strain moved, Solinger second to approve the application for approval of a Metes and Bounds conveyance by the -Mayo Foundation for a 22 Acre parcel adjacent to Southport Subdivision to School District 535. Ayes (5), Nays (0). Aldermen Powers and Duffy abstained. Motion carried. ( Resolution No. 764A-78). E-13 Strain moved, Powers second to adopt Resolution No. 765-78 adding par - graph -No: 5.5-of Section F of the Primary Traffic Streets to read: (5.5) West.Silver Lake Drive N. E. from 7th Street to North Broadway. Ayes (7), Nays (0). Motion carried. E-14 Allen moved, Strain second to adopt Resolution No. 766-78 covering the following : 1: Add paragraph (24) of Section D, Truck Loading Zones to read: (24) Third Street S. W. on the north side from 4th Avenue to a point 60 feet more or less west of Fouth Avenue ( 2 stall and 2. Add paragraph (78) of Section E Passenger Loading Zones to read: (78) 4th Avenue S. W. on the west side from a point 125 feet more or less south of Second Street to a point 230 feet more or less south of Second Street between the hours of 6:00 A.M. and 6:00 P.M. Monday thru Friday. 30 second limit ( 5 stalls ) (C.M.F. Building ). Ayes (7), Nays (0*):. Motion carried. E-15 Allen moved, Strain second to adopt Resolution No. 767-78 approving the execution of an agreement between the City of Rochester and the Rochester City Lines pertaining to financing of the company's operating deficit if any during the period of January 1, 1979 through December 31, 1979 subject to a maximum payment by the City of $155,973.00 for Fixed Routes only. The Mayor and City Clerk are authorized to sign said contract. Ayes (7)', Nays (0). Motion carried. E-16 Solinger moved, Duffy second to adopt Resolution No. 768-78 approving a stipuation for Order and authorize and direct the City Attorney to execute said stipulation for Order in the matter of T.L.C.Nursing Centers, Inc. v. Donal,d H. Reid, et al., Ayes (7), Nays (0). Motion carried. E-17 Solinger moved, Allen second to adopt Resolution No. 769-78 approving awarding the low bid to Neitz Electric on Project No. 7853 J 6321 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY 'OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - December 18, 1978 COUNCIL Agenda Item E-17 Installation of Fully Activated Traffic Signal and Street Lighting System at the intersection of 3rd Avenue N. W. and Elton Hills Drive. for a bid of $56,363.00. Ayes (7), Nays (0). Motion carried. E-18 Strain moved, Allen second to adopt Resolution No. 770-78 awardi.ng the low bid of $47,278.00 to H,& H Electric Company for 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. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Powers second to approve the reclassification of� Mr. Arnie Borgschatz to the position of Utility Drive III subject to his successfully.passing a class A Operators driver examination. Ayes (7), Nays (0). Motion carried. F-1 An..Ordinance Rezoning the Rochester Meats property to B-4 General Bus.iness District was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance amending R.C.O. section 61.302 so as to reduce the heari g notice for conditional use permits from 20 to 10 days was given its second reading. `.Duffy moved, Larson second to adopt the Ordinance as reads Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to development districts, designating a development district administrator, extablishing an advisory board, and prescribing duties.and responsibilities. Amends R.C.O. by adding sections.26.01 to 26.06 and repeals 26.010 ( provides for location of city prison in city hall.) This Or.dinance.to take effect in January 1, 1979 at which time the existing Advisory Board is disbanded and all resolutions pertaining to the existing board's duties and functio s repealed. was given its first reading. Larson moved, Powers second to suspend the rules and give this ordinance a second reading.Upon roll call vote,.Aldermen Allen,Duffy, Larson, Powers, Solinger Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried. The Ordinance was given a second reading. Allen moved, Duffy second to adopt the Ordinance as,•�read: Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Zoning and Two -Family Dwellings; amending Rochester Code of Ordinances, Section 66.308 as Amended by Ordinance No. 1913 was given its first reading. F-1 An Ordinance Annexing to the. City of Rochester land in the SE 1/4 of the NW 1/4 of Sec. 24 - T107N R 14W 28.84 acres ( this is at the intersection of 37th St. N. E.and U.S. 63 N ( Benike, Palmer-." F Soderberg Property ) was given its first reading. F-1 An Ordinance amending Ordinance No._:1466.entitled "An Ordinance Establishing within the.City•of Rochester an Urban Service -District and a Rural'Service District as separate taxing districts. for lands n Section 24 T 107N R14W was given its.first reading. 1634 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23-.- December 18, 1978 F.-1 Larson moved, Powers second to adopt Resolution No. 771-78 approving a slope permit 'granted by the City of Rochester to the State of Minnesota to be used for highway purposes in connection with a genera plan of improvement and protection of Trunk.Highway `No. 52 in the vicinity of 19th Street N. W. Ayes (7), Nays (0). Motion carried. Parcel X F-1 Larson moved, Powers second to adopt Resolution No. 772-78 approving a slope permit granted by the City of Rochester to.the State of Minn. to be used for highway purposes in connection with a general plan of improvement and protection of Trunk Highway -No. 52 in the vicinity of 19th Street N. W. Permit No. 648A. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 773-78 approving a Resolution of the Public Utility Board authorizing an increase in the payment for plans, check and building permit for':the North Broadway Plant stack installation of $265.26 for a total of $4,326.80, Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 774-78 approvinc a Resolution of the Public Utility Board requesting authorization to enter into a contract with Badger Sewer and Water for furnishing 11 borings at a total cost not to exceed $2,000.00. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Strain second to adopt Resolution No. 775-78 approving a.Resolution of --the Public Utility Board requesting authorization to enter into a purchase agreement with U.S. Transformer, Inc. for a transformer at $2,150.00. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Allen second to adopt Resolution No. 776-78 approving a dedication of a street covering.the necessary portions of Outlot 1, Elton Hills Third Subdivision and Lot 1, Block 2, Thomas First Addition that will be incorporated. in the street ( Elton Hills Drive ) for street widening purposes. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Larson second to adopt Resolution No. 777-78 :vacating a street known as 25th Avenue N. W. as platted and dedicated in Northgate Sixth Addition in the City of Rochester, Minnesota. Ayes. (7), Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 778-78 setting a hearing date of January 15, 1979 at 7:30 P.M. on the vacation of a public street ( that portion of First Avenue S. E. which lies between the north line extended of Lot..l; Block 87 and the south line extended of Lot 1, Block 87, and Fifth Street S. E. which lies between the east line extended of Lot 1, Block 87 and the east line extended of Lot 1, Block 86) in Moe and Olds Addition. Ayes (7), Nays.(0). Motion carried. --1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL:. CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 23 - December 18. 1978 Agenda Item G-1 Strain moved, Larson second to remove the Request to advertise for bids on Police Cars from the table. Ayes .(7), Nays (0). Motion carried. Strain moved, Duffy second to instruct the City Clerk to advertise for bids to be opened on December 29, 1978 at_.11:00 A.M. for the Police cars. Ayes (7), Nays (0). Motion carried. Res 77� G-2 Allen moved, Strain second to remove the Bids on Basic Construction in 22nd Street N. W'. East of 32nd Avenue N. W. in Hendricks Subdivisc Project No. 6222-4-78A J 8665 from the table. Solinger moved, Allen second to.rebid this project in a couple of months. Ayes (7),-Nays (0). Motion carried. b=1 Strain moved, Larson second to approve the contract with Centrex system of the Northwestern Bell Telephone which would be installed in.the Public Library subject to review of the contract by the City Attorney. Ayes (7), Nays (0). Motion carried. Having no:further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Information - December 18, 1978 1. Minutes of the'Committee of the Whole - Nov. 21, 1978 2. Minutes of the Committee of the Whole - December 4, 1978 3. _Minutes of the Committee of the Whole - December 11, 1978 4. Letter from Donald G. Hoffman (RSB) re: ZIPS System ( referred to Public Services Department). 5. Notice of Claim ( Estafane Johnson ) Referred to'Insurance Office/ City Attorney. -78.