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HomeMy WebLinkAbout03-05-1979RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting Number X.-.­.,March;-,5;1979 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: PresidentPostier, Aldermen Allen, Duffy, Larson, and Powers. Absent: Aldermen Solinger'and Strain. They were attending the National League of Cities Conference in Washington D.C. D-1 Powers moved, Duffy second to adopt Reso1:dti,6n,-.No. 1.27-79 referring t petition for Curb and Gutter* for Lots I and 2, Block I of TSP Replat to the Public Services Department for a feasibility report. Ayes (5), Nays (0). Motion carried. E-1 Duffy moved, Allen second to approve the Solid Waste Collectors, Licenses as submitted by the Public Health Department. They are as follows: George Fenske -3 trucks; Orville Kirkham - 4 trucks; Fred Vagt- 3 trucks; Harold Watson -14 trucks; Stanley Watson - 5 trucks; and William J. Watson 1 truck. Ayes (5), Nays (0). Motion carried. E-2 Powers moved, Allen second to approve the following licenses and bondE Application for a Gambling license received from Rochester Jaycees. The Council waived the requirement for a $10,000. bond. Application for a dance license is a 3.2 beer establishment for Robert Springer dba The Whaler located at 915 21st Avenue."S'.E.; Application for an Auction Permit received from Glen Hermann to be conducted at Leitzen Modern Paint and Carpet Company located at 426 Third Avenue S.E. A bond in the amount of $1,000. has been submitted. The Council approved this effective February 24, 1979 by a poll of the Council. An-Ap�ljcatlpn fo�.An.:Auction;-permit for Erickson -Prochaska, Inc. to hol,di:an auction at the Holiday -Inn, So. on April 7, 1979. A bond in the amount of $1,000. has been s'ubmitted. Ayes (5), Nays (0). Motion carried. E-4 Larson moved, Duffy second to adopt Resolution No. 128-79 authorizi.ng the City Clerk to advertise for bids on -the following: Liquid asphalt materials; Sand, gravel,, and crushed rock; Plant mixed bituminous. Bids to be opened at 11:00 A.M. on March 26, 1979. Ayes (5), Nays (0). Motion carried. E-5 Allen moved, Larson second to approve the serhi-monthly bills in the amount Of $245,680.68 ( list attached Ayes (5), Nays (0). Motion carried. E-6 Powers moved, Duffy second to approve the petition to annex property located at 510 16th Street S.W-. Lot-4 of Toogood Terrace Subdivision (Nadine K. Anderson ) 0.78 acres..The City Attorney is i.nstructed to prepare an ordinance for adoption. Ayes (5), Nays (0). Motion carried. E-7 Duffy moved, Allen second to adopt,Resolution No. 129-79 approving the petition to vacate the public alley from 7th Street S.W. - 9th Street S.W. between 13th and 14th Avenues S.W. and set a hearing to be held on April 16, 1979. Ayes (5), Nays (0). Moti This includes on carried maintai,ning a status of public utility easements. 'A 1G76 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item LVU0. Wei E-10 E-3 E-1 I E-12 E-13 Regular Meeting No. 30 - March 5, 1979 Powers moved, Allen second to approve the review of the Wil.low Creek Sewer District Area Zoning Change request # 79 -1 by Powers Products and Machining , Inc. from C-1 ( Highway Commercial) to C-3 ( General Commercial ) for a 2 acre parcel located east of Hanson's Truck.Stop at the intersection of US 63 South and St. Bridget Road. Ayes (5), Nays (0). Motion carried. Duffy moved,.Powers second to adopt Resolution No. 130-79 and 131n*79 ordering a feasibility report and accepting the feasibility report and ordering a hearing to be held on April 2, 1979. This is -on Project No. 7901-J 8681 Extension of Sanitary Sewer and Watermain to serve the New Southeast -Juni-or­Hi dh,Sthbol . Ayes (5), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 132-79 adding paragraph (12):'Of Section C Special Parking Zones, Taxi Stands to real (12) One Taxicab Stand on Fourth Avenue Southwest,,on the west side, in the third stall south of Second Street ( C.M.F. 136ilding). Ayes (5), Nays'(0). Motion careied. Allen moved, Larson second ' to refer the award of bids for copy machin to be purchased at City Hall and the Public Services Department to th Internal Government Committee for further discussion. Ayes (5), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 133-79 covering the following Truck Loading Zone at the First National Bank Drive -In... 1. Add paragraph (14.5) of Section.D, Truck Loading Zones to read: (14.5) First Avenue S. W. on.the east side, first stall south of Fourt Street. 2. Delete paragraph (19) of Section I, Parking Meters, Zone A, 12 minute parking. 3. Add paragraph (16) of Section I, Parking Meters Zone D, 90 minute parking to read: (16) Fourth Street S.W. on both sides, from South Broadway to Second Avenue. Ayes (5), Nays (0). Motion carried. - Powers moved, Allen second to adopt Resolution No. 134-79 covering the following: Add paragraphs (176),(176.1), (176.2), (178.6), and (193.6) to read: (176) 10th St. S.E. onthe north side, from First Avenue to Third Avenue at all times. (176.1) 10 1/4 St. S.E. on the no side from the Railroad to 3rd Avenue at all times. (176.2) 10 1/2 St. S.E. on the north side, from the Railroad to 3rd Avenue at all times. (178-6) Ilth St. S.E. on the north side, from the Railroad to 3rd Avenue at all times. (193.6) Ilth St. S.E., on the north side , fr the Railroad to 3rd Avenue at all times. Ayes (5), Nays (0). Motion carried. Duffy moved, Larson second to adopt Resolution'No. 135-79 adding Route # 6 Northeast as follows: On the West�Side of North Broadway Sou of Second Street (80' tj Far Side, Parking -Prohibited- 7:00 A.M. to 11:00 P.M., Monday thru Saturday.) Ayes (5), Nays (0). Motion carried. I I I Agenda Item E-14 E-15 E-16 F-17 F-1 RECORD OF. OFFICIAL PROCEEDINGS OF THE. COMMON CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 30 - March 5, 1979 COUNCIL' .-IC'77 Larson moved, Powers second to adopt Reso1ution No. 136-79 authorizin( .the Commissioner of Highways as agent for the City in requesting fede) funds for 7th Street N W. Bridge (No. 3229) between 6th Avenue N. W. i 7th Avenue N. W. Ayes i5), Nays (0).,Motion carried. Allen moved, Larson second to adopt.Resolution No. 137-79 accepting the Engineer-,!s report and ordering a hearing to be held on April 2, 1979 for Project No. 6802-0-78 J 868&Channel Improvements within the 60 foot drainage easement in Rocky Creek First Sub. plus Drainage Impr6vements-between Trunk Highway No. 63 and the West Line of Rocky Creek First Subdivision. Ayes (5), Nays (0). Motion carried. Larson moved� Powers second to adopt Resolution No. 138-79 approving i proposal -for Engineering SerVices for Project.No. 6802-78 J 8666 Grading and Surfacing, Concrete Curb and Gutter,,Storm Sewer, Sani.tai�:,� Sewer, and Service Connections in Rocky Creek Drive within Rocky Creel Fi.rst Subdivision. The'�-proposal is by Wallace , Holland, Kastler, Schmitz and Company. Ayes (5), Nays (0). Motion carried. Larson moved, Powers second to adopt Resolution No. 139-79 approving a resolution of the Public Utility Board establishing salaries for certain employees of the Public Utility'Board effective January 1, 1979. Ayes (5), Nays (0). Motion carried. Powers moved, Duffy second to adopt Resolution No. 140-79 approving a resolution of the Public Utility Board approving a purchase order with Worthington Corp. for compressors in the amount of $5,000.00 Ayes (5) , Nays (0). Motion *carried. F-1 Larson moved, Allen second to adopt Resolution No. 141-79 approving a resolution,of the Public Utility Board approving a purchase order .with Westinghouse Electric Corp. for combustion turbine in the amount of $10,959.17. Ayes (5), Nays (0). Motion carried. F-1 Larson moved, Powers second to adopt Resolution No. 142-79-.approving a resolution of the Public Utility Board approviA4 a-.-purchise order with M ' acGillis and Gibbs for western red cedar poles , in the amount of $2,133.30. Ayes (5), Nays (0). Motion carried. F-1 Duffy moved, Allen,s econd to adopt Resolution No'. 143-79 approving a resolution of the,Public Utility Board approving a purchas_e­,-�order �aith Lanick and Liliegren Co. for amp distri.bution fuse cutouts in the mount of $6,024.00. Ayes (5), Nays (0). Motion carried. F-1 Powers moved, Duffy second to adopt Resolution No. 144-79 approving a resolution of the Public Utility Board approving a . purchase -,order with G & W Electric Specialty Company for terminators in' -the amount of $4,375.25. Ayes (5), Nays (0). Motion carried. F-l� I-len moved, Larson second to.adopt Resolution No. 145-79 approving resolution of the Public Utility Board approving a purchase order ith Graybar Electric Company for distrubution surge arresters in the al nd t of $3,864.100, Ayes (5), Na s (.0)., Motion carried. y 'A 1678 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 F-1 Regular Meeting No. 30 - March 5, 1979 Duffy moved, Powers -second to.adopt Resolution No. 146-79 approving a resolution of the Public Utility.Board approving a purchase order with Babcock and Wilcox Cd.fo'r repair on-.#4-boiler Silver Lake Plant in the amount of not to exceed $7,500.'00. Ayes (5), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 147-79 approving a resolution of the Public Utility -Board approving a purchase order with Crescent Electric Supply Co. for single phase watthour meters in the amount of $2,174.40. Ayes (5), Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 148-79 approving a resolution of the Public Util.ity Board approving a purchase order with IBM Corporation for furnishing.m6del change on 5010 from A8 to A 10 and feature change # 7401 on 5026 in the amount of $2,687.00. Ayes (5), Nays (0). Motion carried. Larson moved, Duffy second to adopt Resolution No. 149-79 approving,," a resolution of the Public Utility Board approving a contract with R. W. Beck and Associates for engineering services for preparation of revisions of software in an existing contract system on IBM System 7 not to exceed $9,700.00. Ayes (5), Nays (0). Motion carried. Allen moved, Larson second to adopt Resolution No. 150-79 approving a resolution of the Public Utility Board approving a service agreement with Schumacher Elevator Co. Inc. for maintenance service for four elevators (Lagerquist,Kickeffer, Lee Hoff, Dover ) for 12 months at $533.00 per month. Ayes (5), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 151-79 approving a resolution of the Public Util.ity Board approving a purchase order agreement with Schumacher Elevator Co. Inc. for furnishing elevator citation, correction of.v4olations in the amount of $9,290.00. Ayes (5), Nays (0). Motion carried. Duffy moved, Larson second to adopt Resolution No. 152-79 approving a resolution of the Public Utility Board authorizing a contract agree- ment with Engery Engineering for turbine fuel and boiler burner duel etc. f.o.b. destination subject to adjustment indicated in agreement. Ayes (5), Nays (0). Motion carried.' Allen moved, Larson second to adopt -Resolution No. 153-79 approving a resolution of the Public Utility Board authorizing a contract agree- ment with Energy Engineering'for 35,000 t6n's of Tennessee coal in the amount of $42.45 per ton. Ayes (5),.Nays (0). Motion carried. Larson moved, Allen second to adopt Resolution No. 154-79 approvi-ng a public street easement granted by Philip A. Braum and John Burmaster on behalf of the First National Bank of Minneapolis covering land in the SE 1/4 Sec. 28, T107R14 and the NE 1/4 of Sec. 33, T107 R14. Ayes (5), Nays (0). Motion carried. I I RECORD'OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER,, MINNESOTA Regular Meeting No.'30 - March 5, 1979 Agenda Item F-1 An Ordinance Relating'_�o the salaries for the Offices of Mayor, Alder- man-At�Large, and AT-derman of the City of Rochester, Minnesota; Repea' ing Ordinance No.. 1928. The salary for Mayor $13,710; Alderman -at - Large $6,989. per year and eachalderman $5,760. effective June 4, 1979 was given its second reading. Powers moved, Larson second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance Relating to the -Excrement of - Dogs and Cats; imposing penalties for violations; amending Rochester Code of Ordinances by Adding Section 170.191. was given its -second reading. Duffy moved Larson second to adopt the Ordinance as read. Ayes (4). Nays (1). Alderman Allen voted -nay. Motion carried. F-1 An Ordinance Amending the Rochester Code of Ordinances Section No. 1466 adding certain property to the,ru' ' ral service district for tax purposes..- Lands in Section 24 Township 107N, Range 14W, was given its-sec6nd-Teading'. Larson moved,�,-.Powers second to adopt the,Ordinanc( as read. Ayes (5), Nays (0). Motion carried. F - I An Ordinance Annexing to the City of Rochester 48.2 acres (Whiting's Nursery ) in Cascade Township to the City was given its second reading. Allen moved, Larson second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. F-1 An Ordinance Annexing to -the City of Rochester,0.78 acres of land ( Nadine Anderson ) located on Lot 4 and the south half of the ad- jacent right -,of -way of 16th Street S.W. Toogood Terrace,'was gi,ven-. its first--re.a.ding-.-, Larsonl.m6ved, Duffy second to suspend the rules and give this ordi*nance a -second reading. Upon Roll call vote, Aldermen Allen, Duffy, Larson, Powers and.President.Postier voted aye. Ayes (5), Nays (0). Motion carried and the Ordinance was given its second reading. Larson moved, Powers second to adopt the Ordinanc( as read. Ayes (5), Nays (0). Motion carried. - Having no further business, Allen moved, Larson second to adjourn the meeting until 7:30 P.M. Ayes,(5), Nays (0). Motion carried. 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. Absent: Aldermen Solinger and Strain. B-1 A Hearing on the Petition-ito Change the Zoning District from R-1 (Single Family Residential ) to B-la ( Residential Business ).Districi on property located.at 407 14th Street N. W. ( Resurrection Lutheran Church ). Wishing to be heard was Robert Adams of 14­12 4th Avenue'N. and stated that petitions had been presented to the Council with 46 names opposing this change on one petition'and 22 names on the second petition. Only one name was in favor of the zone -change. He urged the Council to deny the change. A_-1-6tter was received by the Common Council from Larry Cross, Pastor of Resurrection Lutheran Church withdrawing the petition. He stated that due to adverse reacti( - V,80 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item M. WIA LI-M G-1 G-2 Regular Meeting No. 30 - March 5, 1979 reaction at the hearing of the Planning Commi,ssion on February 14, 19' they feel it would be in the best interest to the neighborhood to refrain from any further action at this time. Having no one else that wished to be heard, President Postier closed the hearing. Allen moved, Larson second to deny the zone change. Ayes (5), Nays (0 Motion carried. A Hearing on the.Application for approval of a Planned Unit Developc.. ment ( Amended Final Plan,) located at the intersection of 28th Stree- and 18th A venue N..W. ( Larson Dental Clinic ). Joe Weischelbaum, Ardhitect was present for any questions the Council may have. Having no one else that wished to be heard, President Postier closed the hearing. Alderman Allen stated he;,wished he was as- i -lucky as Dr. Larsor to own a piece -of property like that and benefit financially as he did. Powers moved, Larson second to approve the application. Ayes (5) Nays (0). Motion carried. Resolution No. 155779 approving this was ad( A Hearing.on the City Planning and Zoning Commission initiated pet- ition to change the zoning district on Block 4 of Highland Addition. Wishing to be heard was Bob Suk, Attorney representing the owners of Hillside School - the four lots on the west numbering.16-19. Mr. Suk did state that he was not representing Mr. F.J.O'Brien at the Planning and Zoning Commission hearing. Mr. Suk only stated the wishe! of Mr. O'Brien. Mr. Suk pointed out that in addition to the property that is outlined on the map provided, lots 14 and 15 have been purch- ased and there ' is no opposition from those owners. They now own Lots 9-15 on Second Street and the back portion of lots 20 thur 26. Mr. Suk noted that the property was purchased from the school district by Mr. Robert Brown, Mr. Wayne Dornack Sr. and Mr. Clayt I on Dornack an( they were not aware at that time that-Ahis was part of the City of Rochester. They wish that this property be zoned B-4. Wishing to be heard was Cynthia Daube of 1130 6th Street S. W. She explained the reasons for the Planning Commissions recommendation to rezone Lots 1-15 to B-4; Lots 16-19 R-1; and Lots 20-26 to R-2. She also stated that the school property could be developed under a Planned Unit Development project. Ron Nass of 203 23rd Avenue S.W. supported the recommendation of the Planning and Zoning Commission. Having no one else present that.wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to zone Lots 16-17-18 and 19 to R-1; Lots 14-15-20 and 21 to R-2 and Lots 1-13 and 22-26 B-4. Ayes (5), Nays (0). Motion carried. Larson moved, Powers second to remove the tabled item of the Invitatio to respond to notification of Housing As§istance availability under Low Rent Public Housing Program from the table. Ayes (5), Nays (0). Motion carried. Larson moved, Powers second to enter into negotiation,, for activation for Low Rent Housing. Ayes (5), Nay� (0). Motion carried. Powers moved, Duffy second to remove the tabled item of Proposed Assessments for Project No. 5402-77 J 8609 Sanitary Sewer and Watermai rej I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item G-2 Extension in 19th Avenue S. W. from 2nd St. S. W. to 3rd St. S. W. Wishing to be heard was Donald Dickman of 1005 Ilth St. S.W. and opp- osed the assessment procedure. Roger Plumb, Public Services Director explained the process. Having no one else present that wished to be heard, Powers moved, Duffy second to adopt Resolution No. 156-79 accepting the assessments. Ayes (5), Nays (0). Motion carried. G-3 Larson moved, Allen second to remove the Designation of Site for .: Chafoulias Company Project which was tabled from the table. Ayes (5) Nays (0). Motion carried. Larson moved, Duffy second to designate alternate site East of Central Park and continue to negotiate with Rochester Methodist Hospital for the Chafoulias Company Project. Upon Roll call vote, Aldermen Duffy and Larson voted aye. Ayes (2) Aldermen Allen., Powers and President Postier voted nay. Nays (3). Motion did not carry. Powers moved, Allen second to continue with the Statuary lot for the Chafoulias Project . Upon Roll call vote, Aldermen Allen, Powers and President Postier voted aye. Ayes (3), Aldermen Duffy and Larson voted;.nay. Nays (2). Motion carried. F-1 An Ordinan ' ce Rezoning Certain Property and amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minn. Lot 4 of Highland Addition was.given its first.reading. F-1 An Ordinance Relating to Licensed Gambling Ac tivities; amending Rochester Code of Ordinances; Sections 182.080 and 182.150. was given its first reading. Allen moved, Duffy second to suspend the rules and give this Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Duffy, Larson, Powers and President Postier voted aye. Ayes (5), Nays (0). Motion carried, and the Ordinance was given its second reading. Allen moved, Powers second to adopt the Ordinan as read. Ayes (5), Nays (0). Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 157-79 approving a resolution of the Public Utility Board approving the agreement between the City and Local 949 of the IBEW for a term commencing January 1, 1979 thru December 31, 1979. Ayes (5), Nays (0)..Motion carried. Having no further business, Larson moved, Allen second to adjourn the meeting. Ayes (5), Nays (0). Motion 'carried. City Clerk I 'A RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting -No. 30 March 5, 1979 Agenda Item Information - March 5, 1979 1. Minutes of the Standing Committee - February,12, 1979 2. Minutes of the Standing Committee - February 20, 1979 3. Petitio . n of Appealfrom a decision of the Common Court re: Herita( House ( Rex and Rosalie Savage 4. Letter from Paul 0. Godtland, re: Chateau Theater 5. Letter from various residents in vicini.ty of 1400 block of 3rd St. and 4th Avenue S. W. re: Sidewalk and culvert problem (referred to Public Services Department for review and comment) 6. Letter from Milton Rosenblad re: platting of 6 acre parcel owned by Merle G. Moehnke ( Referred to Consolidated Planning and Public Services Departments for review and recommendation ) 7. Letter from Marlowe Hotel Apartments re:loading zone sign ( referred to Public Services Department for handling ) 8. Letter from City of Roseau re: Flood Plain Management Legislation referral to Committee of the Whole. I I