Loading...
HomeMy WebLinkAbout01-15-19791044 Agenda Item A-1 us i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 26 - January, 1979 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain..Absent: None. Duffy moved, Allen second to approve the minutes of the January 2, and 3, 1979 meeting. Ayes (7), Nays (0). Motion carried. A Hearing on the Public Utility Charter Amendments. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Solinger second to instruct the City Attorney to prepare an Ordinance relating to the Charter of the City of Rochester and the Public Utility Board; providing for the Administration and Operation 1; of Water, Electricity, Heat, and Power Public Utility Systems by the City of Rochester; amending sections 147,148,149,150;151,152,153,154, and 156; and Repealing Section 159. Ayes (7), Nays (0). Motion carried A Hearing to Appeal.,the decision of the Zoning Board of Appeals to allow an addition to exceed the maximum allowable floor area ratio, to provide less than the required number of off-street parking stalls and to encroach into the traffic visibility zone on property zoned I (Institutional) and located at 103 3rd Avenue S. W. Wishing to be heard was Rick Colvin, Attorney representing the Mayo Clinic ;.and MayojFoundation. Mr. Colvin stated that concerns by the Mayo Foundatioi such as the "I"Zone and its purposes as written in the Zoning Code, and how the impacts and infra-nges on citizens in this zone. He urged the Council to deny the appeal.Wishing to be heard was Rex Savage, owner of the Heritage House Hotel at 103 3rd Avenue S. W. Bill Voelker, Northwestern National Bank Building, representing Rex Savage, and Robert Patterson, Attorney, representing Rex Savage. These people presented the plans for the building and urged the Counci to approve the appeal and allow them to put this restaurant in the Heritage Hotel and reduce the number of off-street parking stalls from B6 to 17"and to encroach:,25 feet into the 25 foot traffic visibility zone, and exceed the maximum allowable floor area ratio by .5 Hushing to be heard was Max -Hamilton representing the Mayo Clinic. Hr. Hamilton introduced Don Beed of the Planning And Zoning Department Don stated that the parking was a problem, only providing 17 stalls where 86 are required was to excessive. David Bishop,.Northwestern National Bank Building was present and stated that several restaurants in the downtown area do not have parking required and urged the Counci• to grant the appeal. Rosie Savage of 103 3rd Avenue S. W. was present and wished to be heard. She said they have foot traffic to the restaurant and urged the Council to approve the appeal. Having no one ?Ise present that wished to be heard, Alderman Powers abstained and left the room. After discussion by the Council, So7inger.moved.;�Strair second to --.Uphold the decision of the Board of Appeals and grant the variance. Upon Roll call vote, Aldermen Allen, Duffy, Larson and 'resident Postier voted nay. Nays (4). Aldermen Solinger and Strain voted Aye. Ayes (2). Alderman Powers had abstained. Motion denied. k1len moved, Larson second to approve the Appeal of,the decision of the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL IC-45 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 15, 1979 Agenda Item B-2 Zoning Board of Appeals to allow an addition to exceed the maximum allowable floor area ratio, to provide less than the required number of off-street parking stalls and to encroach into the traffic visibility zone on7property zoned "I" (Institutional) and located -at' 103 3rd Avenue S. W. Upon Roll call vote, Aldermen Allen, Duffy, Larson and President Postier voted Aye. Ayes (4). Aldermen Solinger and Strain voted Nay. Nays (2). Alderman Powers abstained earlier. The Variance was denied. -Alderman Powers returned to the meeting. B-3 A Hearing on the Petition to vacate a portion of 1st Avenue S. E. nort of 5th Street and 5th Street S. E. between 1st and 2nd Avenues. ( Fullerton Lumber Company ). Wishing to be heard was Jim Suk, Attorne representing Fullerton Lumber Company. He stated that they wanted this area for parking and urged the Council to approve this vacation. Having no one else that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to approve the vacation and instruct the City Attorney to prepare a Resolution 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 and allowing space for snow removal. 2. n adequate answer to the traffic circulation problems be provided'. 3. Submittal of a site plan for review of the concerned public agencies nd the City Council. Ayes (7), Nays (0). Motion carried. B-4 Hearing on the Proposed Assessments for Project No. 6015-78 J 8610 Sanitary Sewer and Watermain in 2nd Street N. W. from 19th Avenue N. . to West Line of West Zumbro Addition. Having no one present that fished to be heard,.President Postier closed the hearing. Allen moved Strain second to adopt Resolution No. 23-79 accepting and levying he assessments. Ayes (7), Nays (0). Motion carried. B-5 I Hearing on the Project No. 6211-2-77 J 8593 Grading and Surfacing, urb and Gutter on llth Street S. E. from loth Street to 15th Avenue .E. Ron Seeger 524 9th Avenue S. W. wished to be heard. He stated e has half interest in one of the proposed assessments and objects o this. He stated that this improvment does not benefit him at all. aving no one else present that wished to be heard, President Postier losed the hearing. Solinger moved, Duffy.second to adopt Resolution o. 24-79 accepting and levying the dssessr7ents. Ayes (7), Nays (0). otion carried. B-6 A Hearing on the Proposed Assessments for Project No. 6502-77A J 8606 Sanitary Sewer and Watermain in 31st Place N. W. to serve Lots 23 and 24 (Allendale) between Trunk Highway 52 and 20th Avenue N. W. Wishing to be heard was Emil Pelner of 2030 31st Pl. N. W.; Richard Stanger of 2025 31st Place N.W.; Mrs. Jack Griffin of 108 7th Avenue S. W. and objected to this because it does not benefit their property, they connect from.another line. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Larson second to adopt Resolution No. 25-79 accepting and levying the assessment. Ayes (7), Nays (0). Motion carried. 1046 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 15, 1979 B-7 A Hearing of the proposed assessments on Project No. 5402-77 J 8609 Sanitary Sewer and Watermain Extension in 19th.Avenue S. W. from 2nd Street S.-W. to 3rd Street S.W. Donald Dickman, 1005 llth Street S.W. .wished that this hearing be tabled until February 5, 1979. He was unable to be present at this time. Having no one elser,present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to table this hearing until February 5, 1979. Ayes (7), Nays (0). Motion carried. B-8 A Hearing on the Final Plat, Replat of Lots 3,4,5, Block 3, Innsbr-uck One. William Berg, Developer:and Builder was present for any quest- ions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 26-79 approving the plat. Ayes (7), Nays (0). Motion carried. C-1 Allen moved, Solinger second to approve the Mayor's Reapootntments to the Planning and Zoning Commission: Michael J.Fogarty of 1012 Northern Heights Drive; and Dr. Paul E. Zollman of 819 Memorial Parkway. These are for a three year term and expire December, 1981. Ayes (7), Nays (0). Motion carried. C-2 Solinger moved, Powers second to approve the Mayor's Appointment to the Rochester Music Board of John H. Edmonson, M.D. of 718 18th Avenue S. W. Dr. Edmonson replaces Dr. Martens. The new term will expire January, 1'982. Ayes (6), Nays (1). A1•derman Duffy voted nay. Motion carried. C-3 Powers moved, Allen second to approve the following appointments to the Rochester Fire Department: Lawrence Eischen to fill the position of Assistant Fire'�Chief. This position was vacant by the retirement - of Assistant Donald Grimm. This appointment is effective 8:OO.A..M. on January 16, 1979. Virgil Nielsen to the position of Captain effective 8:00 A.M. on January 16, 1979. This position was vacant by the appointment of Lawrence Eischen to Ass't Chief. John Loftus to the position of Motor Operator. This position was vacant •by,.the appointment of Virgil Nielsen to the position of Captain. This appointment is effective 8:00 A.M. on January 16, 1979. Steven Weist and Mark D. Fitting to the position of firefighter This is effective on January 22, 1979. These positions were vacant by the appointment of John Loftus and Robert G. Johnson who retired. Ayes (7), Nays (0). Motion carried. D-1 The.Information presentation on the Marilyn Brodie House was not given at this time. It will be presented at a later time. E-1 Allen moved, Duffy second to adopt Resolution No. 27-79 and 28-79 authorizing the Mayor to execute the Step II Grant agreement on behal- of the City of Rochester for the Water Reclamation Plant Upgrade and Authorizing the Mayor and City Clerk to execute an agreement between the City of Rochester and the Joint Venture engineers to prepare the necessary plans and specifications. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 10,47 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 15, 1979 E-2 Powers moved, Larson second to conductr:another.:public hearing to be held on February 5, 1979 at 7:30 P.M. in the Council Chambers on the Valley Garden Condominium Development. John Blumentritt, Project Designer was present and requested that the number of condominiums he was granted from the Council at a previous meeting be changed from 32 to 36. He was previously granted 8 four plexes', but he stated it was more economical to build 6 six-plexes. Upon Roll Ca11 vote, Aldermen-1arson, Powers, Strain and President Postier voted Aye. Ayes (4). Aldermen Duffy, Solinger and Allen voted Nay. Nays (3). Motion carried. E-3 The Common Council processed the selection for programs included in the funding of Community Development Block Grants for the year 1979 1980 and 1981. The tabulation will be completed and presented to the Council at an adjourned meeting on January 29, 1979. A resolution will be adopted at that time. No action was needed this evening. E-4 Allen moved, Strain second to instruct the City Attorney to amend Rochester Code of Ordinances Section 161.300 by inserting the language in Rochester Code of Ordinances Section 160.300 with the exception of the amended license fee. This permits dancing in estab- lishments selling non -intoxicating malt liquor (3.2) beer under the same terms and conditions required for establishments selling intox- icating liquor with the exception that the yearly permit be for 3.2 beer dancing permits be established at $500.00. Ayes (7), Nays (0). Motion carried. E-5 Larson moved, Allen second to terminate the Pine -Landmark Project and remove the designation of Pine-Landmark,as the developers for their proposed project site. Ayes (7), Nays (0). Motion carried. E-6 Solinger moved, Powers second to extend the time period of the Phase I Agreement between the City of Rochester and Riverside.Partners by sixty days. Ayes (7), Nays (0). Motion carried. E-7 Powers moved, Larson second to adopt Resol:uti.on No. 29-79 and 30-79 approving the execution of the quit claim deed from the City to G. Dewey Nelson relative to property located in Block 102, Willson's Addition at 512 lst Avenue S.W. and execute the revocable permit for the encroachment of a loading dock and a private sidewalk into property owned by the City in Block 102, Willson's Addition at 512 1st Avenue S. W. Ayes (7), Nays (0). Motion carried. E-8 Larson moved, Duffy second to approve the following licenses and bonds Application received to connect Sewers and Drains in the City of Rochester, Minnesota from Twin City Construction Company of Fargo, North Dakot:a.A Bond in the amount of $1,000. has been received. Ayes.(7), Nays (0). Motion carried. E-9 Duffy moved, Strain second to adopt Resolution No. 31-79 authorizing the City Clerk to advertise for bids for the season's supply of traffi Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - January 15, 1979 paint for the Traffic Engineers Division. Bids to be opened at 11:00 A.M. on January 31, 1979 and considered by the -Common Council on February 5, 1979. Resolution No. 32-79 authorizes the City Clerk to advertise for bids for two dump truck chassis and boxes for the Street and Alley Division. Bids will be opened at the same time. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to approve the semi-monthly bills in the amount of $216,693.78 (list attached). Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the promotion of the Civic Music Department Secretary from Secretary II to Secretary III class- ification and that she be given an, 8% increase in wages effective January 1, 1979. This promotion would be effective January 1, 1979. Ayes (7), Nays (0). Motion carried. All moved, Larson second to approve the authorizing of a payment Supplemental Agreement No. 2 in the amount of $1,475.90 - Project No. 7706-0-77 J 8601 Watermain along East Side.of T.H. 63 from Golder Hill School to Conway Property. Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to approve the authorizing of a payment Supplemental Agreement No. 3 in the amount of $2,450.00 for Project No. 7706-0-77 J 8601 Watermain along East Side of T.H. 63 from Golden Hill School to Conway Property. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to adopt Resolution No. 33-79 and 34-79 approving the Technical and Engineering -Assistance Agreement between the City and Minnesota Department of Transportation in which the Sta7 will provide engineering and technical assistance to the City and bi' the City for these services and Agency Agreement between the City an( Minnesota Department of Transportation which appoints the Commission( to act as agent to accept and receive all Federal funds and to let contracts for all Federally funded street projects. Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 35-79 approving an agreement for engineering services between McGhie and Betts and the City of Rochester for. Project No. 7803-2 & 3 - 79 J 8679 in Innsbruck Two and Innsbruck Three Subdivisions and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0) Motion carried. Allen moved, Solinger second to adopt Resolution No. 36-79 approving an agreement for engineering services between Wallace, Holland, Kastler, Schmitz and Company and -the City of Rochester for Project No. 7814-1-78 J 8667 for Basic Construction in Conway-Dashow First Subdivision. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No..26 - January 15, 1979 Agenda Item E-17 Larson moved, Solinger second to approve the change of pay grade for Assistant Animal Control Officer. The•;pbsition will be changed to Pay Grade 5,.Grid System "A" and will be retroactive to November 15, 1978. Ayes (7), Nays (0). Motion carried. E-18 Duffy moved, Larson second to adopt Resolution No. 40-79 authorizing the City Clerk to advertise for bids to be. received at'1111:00 A.M. on January 29, 1979 on the Z.I.P.S. Dial -A -Ride. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Larson second to adopt Resolution No. 41-79 approving the Meet and Confer Agreement with the Exempt Employees - all exempt employees be granted a 7% increase in annual salaries effective Jan. 1, 1979. Ayes (7), Nays (0). Motion carried. E-20 Larson moved, Solinger second to adopt Resolution No. 42-79 approving the contract between the Engineering Technicians Association and the City to cover the years 1979 and 1980 and subject to automatic renewal thereafter. Ayes (7), Nays (0.). Motion carried. E-21 Duffy moved, Strain second to adopt Resolution No. 43-79 approving the proposed legislative program for transmittal to our legislative delegation, 1979. Ayes (7), Nays (0). Motion carried. F-1 Solinger moved, Larson second to adopt Resolution No. 44-79 approving a resolution of the Public Utility Board approving an agreement for payment to Builders Land Company for pipe materials in Innsbruck One Sub. for $2,589.94. Ayes (7:), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 45-79 approving a resolution of the Public Utility Board approving an agreement with United Electric Corporation for furnishing copper stranded wire at $2,327.50. Ayes (7), Nays (0). Motion carrie.d. F-1 Larson moved, Strain second to adopt Resolution No. 46-79 approving a resolution of the Public Utility Board authorizing a license agree- ment with Chicago and N.W. Transportation Co. for underground duct in the 2000 block 7th Street N.-W. Ayes (7), Nays (0). Motion carried F-1 Larson moved, Solinger second to adopt Resolution No. 47-79 approving a resolution of the Public Utility Board approving a contract agree- ment with Midland Constructors, Inc. for ITV line construction - Zumbrc River to Chester. Substation at a cost of not to exceed $380,826.00. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Duffy. second to adopt Resolution No. 48-79 approving a resolution of the Public Utility Board approving an amendment to an agreement with Pfiefer and Shultz/HDR, Inc. for engineering services to evaluate the Minnesota Pollution Control Agency's air quality model for Rochester and investigate alternative options J:C 49 1650 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 Adjourned Meeting No. 26 - January 15, 1979 for control of emissions from the Silver Lake and North Broadway Power<•Plants at a cost of not,;to exceed $15,000.00 Ayes (7), Nays (0) Motion carried. Strain moved, Allen second to adopt Resolution No. 49-79 approving a resolution of the Public Utility Board authorizing a contract with Lake Area Utilities for underground feeder at a cost not to exceed $489,337.67. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to adopt Resolution No. 50-79 approving a resolution of the Public Utility Board requesting authorization to enter into a purchase agreement with Westinghouse Electric Corporatioi for switchgear in the amount of $24,859.00. Ayes (7), Nays (0). Motioi carried. An Ordinance relating to the conversion of certain one -family dwell- ings to two-family dwellings when the lot fronts are certain thorough• fares so as to require that the lot had direct driveway access to the thoroughfare was given its.second reading. Allen moved, Larson second to adopt the Ordinance as,read. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing the 28.84 acre tract of land•in Cascade Town- ship owned by Beni.ke and Palmer -Soderberg profit sharing trusts. Prop located immediately east of intersection of 37th Street N.E. and T.H. 63 was given its second reading. Powers moved, Solinger second to a: adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An:'Ordinance adding the 28.84 acre tract of land described in Item I above to the rural service district for taxes payable in 1980 and thereafter was given its second reading. Powers moved, Larson second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 51-79 approving a resolution of the Public Utility Board to adjust the salary schedules for its exempt employees by 7% effective January 1, 1979 and at the same time to grant its exempt employees a 7 salary increase and also to adjust their fringe benefits by whatever changes are made by the Common Council in fringe benefits granted other exempt employees of the City of Rochester. Ayes (7), Nays (0). Motion carried. An Ordinance Relating to the Downtown Development District Advisory Board; Amending Rochester Code of Ordinances Section 26.03 Sub. 1 and 4 was given its first reading. Allen moved Powers second to give this Ordinance a Second reading. Upon Roll Call vote, Aldermen Allen, Larson, Powers., Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried and the Ordinance was given its second reading. Allen moved Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. !rty RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL iGsi CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 --January 15, 1979 Agenda Item T-1!'r An,Ordinance annexing to the City of Rochester, Minnesota , certain unplatted Land not exceeding 200 acres in area situated in Section 25, T 107N R14W ( 64.7 acres Radichel,Realty Co. N-.W.- Co. Club Manor S Hwy 14) was given its first reading. F-1 Powers moved, Strain second to adopt Resolution No. 52-79 approving the owner -contract with Yaggy and Associates for the Extension of San. Sewer in Pennington Ct. N: W. to serve Lot 2 Block 1 in Replat No. 2 of Lot 2, Block 1 of Pennington Business Park. This is with Racquet Ball Associates, Inc. for the construction of said improvements. Ayes (7), Nays,(0). Motion carried. F-1 An Ordinance Relating to the Charter of the City of Rochester and the Public Utility Board; Providing for the Administration and Operat of Water, Electricity, Heat, and Powers Public Utility Systems by the City of Rochester; amending Sections 147,148, 149, 150,151,152,153, 154,155, and 156; and Repealing Section 159 was given its first reading. , F-1 Allen moved, Larson second to adopt Resolution No. 53-79 approving a vacation and setting a hearing date on a,portion of 1st Avenue S. E north of 5th Street S. E. between lst and 2nd Avenues ( Fullerton Luml Company ) Ayes (7), Nays (0).Motion carried. F-1 Larson moved, Allen second to correct the minutes of September 5, 197i the first F-1. item. Strain moved, Solinger second to delete the B-lb FF zoning provisions from the ordinance annexing to the City of Rochester 12.79 acres in Section 10, Township 106 North, Range 14 Wesl known as the Target Store site. Ayes (4), Nays (0). As so amended the Ordinance annexing the.12.79 acres tract of land known as the Target Store site located in Rochester Township north of the Hoffman House was given its second.reading. Solinger moved, Strain second to adopt the Ordinance as amended. Ayes (4), Nays (3). Aldermen Allen, Duffy and Larson voting nay. Motion carried. G-1 Allen moved, Duffy second to remove the Extension of the.Phase I Agreement for Dr. Gores Project from the table. Ayes (7), Nays (0). Motion carried.- Strain moved, Duffy second to terminate the designation of Dr. Gores a's the developer for the Gores development proposal. Ayes`(7)., Nays (0). Motion carried. Having no further?,business, Larson moved, Allen second to adjourn the meeting until 4:30 P.M. on January 29, 1979.. Ayes (7), Nays (0). Motion carried. 64" City Clerk i Information: 1-15-79 1. Minttes of the Standing -.Committee - 1-3-79 2. Minutes of the Standing Committee - :I-8-79 3. Letter from G.enn Amundsen re: Snow removal film (ref. to Pub. Works Committee. on r