Loading...
HomeMy WebLinkAbout05-21-1979I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - May 21, 1979 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Duffy, Larson, Powers, and Strain. Alderman Solinger arrived at 7:40; Alderman Allen arrived at 7:55, having attended an awards presenta- tion at John Marshall High School. Absent: None. Motion by Larson, second by Strain, to approve the minutes of the April 2nd and April 16th, 1979, meetings. Ayes (5), Nays (0), motion carried. B-1 A Hearing on the application for a Conditional Use Permit to allow a supervised living facility to be located at the. east 6C feet of the west 120 feet of the south 100 feet of Outlot 9, Cummings Addition. Wishing to be heard was Lyla Bendsen, 828 Seventh Avenue S.14., on behalf of the Women's Shelter, who spoke in favor of the Conditional Use Permit. Also wishing to be heard was Lester Bunnell, 817 W. Cen- ter Street, who stated that he is the owner of the property on the east side of the proposed unit and that he is not in favor of this use. There being no one else wishing to be heard, President Postier declared the hearing closed. Motion by Duffy, second by Larson, to approve the Conditional Use Permit subject to the recommendations of the Planning Department: (1) The site be prepared as shown on the site plan; and (2) No more than 16 clients at any time. Ayes (6), Nays (0), motion carried. B-2 A Hearing to consider amendments to the Zoning and Subdivision ordi- nances pertaining to fees. Wishing to be heard was Richard Hexum, 805 Woodgate Lane N.W., who inquired what the proposed changes were and stated he felt the builders and developers should have been contacted for input prior to changing the fees. There being no one else wishing to be heard, President Postier declared the hearing closed. Motion by Larson, second by Powers, to refer the amendments back to the Planning and Zoning Commission for input from the develo ers and builders. Ayes (2), Nays (4), motion defeated. Motion by Strain, second by Solinger, to refer the amendments to the Committee of the Whole with a copy to be sent to builders and developers. Ayes (6), Nays (0), motion carried. B-3 A Hearing on an amendment to Section 41.201 of the City of Rochester Subdivision Ordinance No. 1552. There being no one present wishing to be heard, President Postier declared the hearing closed. Motion by Duffy, second by Larson, to approve the proposed amendment and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (0), motion carried. (Ordinance No. 2043). B-4 A Hearing on the Amended Final Plan for the Miracle Mile Shopping Center Planned Unit Development. Wishing to be heard was Richard Ehrick on behalf of Corrigan Properties, who urged approval of the amendment to the final plan, stating that the four recommendations of the Planning Commission were acceptable. There being no one else wishing to be heard, President Postier declared the hearing closed. Motion by Powers, second by Solinger, to adopt Resolution No. 318-79 1133 1134 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - May 21, 1979 Agenda Item B-4 approving the amendment to the final plan subject to the following conditions: (1) Areas for snow storage are to be designated on the plan and are to be located so as not to create traffic visibility problems. (2) The existing parking lot is repaired where needed. (3) The applicatns shall work with the Park Department to provide landscaping along 16th Avenue. (4) All deliveries are to be made by 10:00 a.m. as proposed by the applicants. Ayes (6), Nays (0), motion carried. B-5 A Hearing on a petition to change the zoning district from B-lb (Neighborhood Business) to B-4 (General Business) on property located on the east side of Highway 52 between 37th and 41st Streets N.W. Wishing to be heard was J. Bagne, 2018 N.W. 26th Avenue, representing 37th Street Properties as owners of the property in question, request ing Council approve the rezoning. There being no one else wishing to be heard, President Postier declared the hearing closed. Motion by Powers, second by Allen, to approve the rezoning and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (6), Nays (1), Alderman Duffy voting Nay. Motion carried. C-1 Motion by Larson, second by Strain, to approve the Mayor's Reappoint- ments of Joseph J. Smekta, 1508 N.E. 4th Avenue, and Raymond Moore, 1335 N.W. 2nd Avenue, to the Housing Board of Appeals, for two-year terms expiring April 1, 1981. Ayes.(6), Nays (1), Alderman Duffy voting Nay. Motion carried. C-2 No action taken on the Mayor's appointment of J. Isabelle Dyck, 518 S.W. 16th Street, to the Human Rights Commission. C-3 Motion by Solinger, second by Duffy, to approve the Mayor's promo- tional appointment of Richard Dale to the rank of Detective in the Rochester Police Department, effective June 1, 1979. Ayes (7), Nays (0), motion carried. D-1 Motion by Strain, second by Duffy, to adopt Resolution No. 319-79, referring the Petition for Water and Sewer to Lots 9 and 10, Auditor' Plat "D", from existing water and sewer on Highway No. 14,.to the Public Services Department for a feasibility study and recommendation Ayes (7), Nays (0), motion carried. D-2 Vickey Wagner, 1002 N.W. 13th Avenue, spokesman for John Marshall area residents, presented the history of problems regarding the loth Street N.W. access to the high school which culminated in the recent death of a pedestrian, and requested that the recommendations present to the Council in 1972 by area residents be implemented until a decision is reached. Susan Beyer, 717 N.W. 7th Avenue, representing the Student Council and student body of John Marshall High School, requested that neither the campus nor the road be closed, but that some other solution be worked out. Sister Joan Blank, principal of St. Pius X School, urged the Council to seek a solution to the prob- lem as it also affects students at St. Pius. Mayor Smekta recommende the Council meet with members of the School Board to discuss ways of RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - May 21, 1979 Agenda Item D-2 solving the problem. Fred Blaisdell, Assistant Principal of John Marshall, stated that no recommendation will be made by John Marshall at the next School Board meeting. Alderman Duffy stated that as a former resident of the area he can attest there is a traffic problem. Motion by Duffy, second by Allen, to temporarily close the 12th Street Exit -while the matter is being investigated, and instruct the Public Service Department to ba.rri.cade the street. Ayes (7), Nays (0) motion carried. E-1 Motion by Larson, second by Duffy, to approve the request for a Limousine Franchise by Alden Wildfeuer, and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0), motion carried. E-2 Motion by Powers, second by Allen, to adopt Resolution No. 320-79 giving prelin;inary approval to financing by the issuance of Revenue Bonds of a project for International Transport, Inc.; requesting the approval of the Commissioner of Securities; and authorizing the preparation of necessary documents. Ayes (7), Nays (0), motion carried. E-3 Motion by. Duffy, second by Allen, to adopt Resolution No. 321-79' approving and supporting the Rochester Housing and Redevelopment Authority Commission's application to the Minnesota Housing and Finance Agency for the Home Improvement Grant Program, Year IV. Ayes (7), Nays (0), motion carried. E-4 Motion by Duffy, second by Allen, to approve the request by Lucille A. Reinalda to hold a sidewalk sale on June 13, 14, and 15 from .10:00 A.M. to 5:00 P.M. at the Gift N Thrift, 1121 S.W. 2nd Street. Ayes (6), Nays (1), Alderman Larson voting Nay. Motion carried. E-5 Motion by Powers, second by Duffy, to approve the application for an On -Sale Wine License for the Red Owl Country Store to be located in the Northbrook Shopping Center. Ayes (7), Nays (0), motion carried. E-6 Motion by Allen, second by Duffy, to approve the recommendation of the Downtown Development District Advisory Board that the Develop- ment District Staff and the City Attorney be authorized to commence negotiations of a Phase I Agreement between the City of Rochester and Jack Holt, along the lines of the -terms presented to the Advisor; Board, with the exception of No. 9. Ayes (7), Nays (0), motion carried. Motion by Duffy, second by Powers, to approve the recom- mendation of the Downtown Development District Advisory Board that if they approve Tax Exempt Financing by private placement for the Campbell Hotel Project, the -contingency remains open that if such placement is not possible -Mr. Holt may return to the Council with a request for a public issue. Ayes (7), Nays (0), motion carried. E-7 Nlotion by Larson, second by Powers, to approve the request by Olmstec County Memorial Association for a Processional to Oakwood Cemetary on Memorial Day, May 28, 1979. Ayes (7), Plays (0), motion carried. 113G : RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Agenda Item :, E-9 E-10 E-11 E-12 E-13 E-14 E-15 E-16 Adjourned Meeting No. 40 - May 21, 1979 Motion by Allen, second by Duffy, to approve the following licenses: Cigarette License for Red Owl Northbrook, and The Equipment Yard, 1945 S. Broadway; Cement Contractor's Licenses for Norman Thorson, 2115 Hwy 14 East, B&B Construction, RR 2, Claremont, and Don Prow, 1833 NW 16 1/2 Street; On and Off Sale Non -Intoxicating Malt Liquor licenses for Red Owl Northbrook, and Temporary 3.2 Beer License for the Rochester Art Festival on Sunday, June 10, 197.9; Motion Theatre License for Cinema II; and.a License to Connect with Sewers & Drains for James S. Atkinson, Zumbro Falls. Ayes (7), Nays (0), motion carried. Motion by Strain, second by Solinger, to approve the semi-monthly Accounts Payable in the amount of $673,832.66. Ayes (7), Nays (0), motion carried. Motion by Powers, second by Duffy, to approve the Preliminary Plat of Hoaglunds First Subdivision. Ayes (7), Nays (0); motion carried. Motion by Solinger, second by Strain, to approve the Petition to Annex Lots 4, 5, and 6, Block 3, Knollwood Acres, and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0), motion carried. Motion by Solinger, second by Duffy, to approve the request of Cordul Establishment, Inc. for annexation of approximately 243.49 acres in Sections 16, 17, and 21 of Cascade Township, and instruct the City Attorney to prepare a resolution for adoption. Ayes (7), Nays (0), motion carried. Motion by Solinger, second by Strain, to adopt Resolution No. 322-79 amending Rochester Code of Ordinances, Section 147.700, Section B, No Parking Zones - Streets, by adding paragraph (7.3). Ayes (7), Nays (0), motion carried. Motion by Duffy, second by Powers, to approve the designation of 19t Street N.W. from T.H. 52 to Valleyhigh Drive as a truck route for th period that the 14th Street N.W. Intersection with T.H. 52 is under construction; and the designation of 19th Street N.W. from T.H. 52 to Valley Drive as a truck route for the duration of Stage 2 of T.H. 52 Improvements (19th Street N.W. to 6th Street S.W.) for the hours of 8:00 A.M. to 6:00 P.M. only, Monday through Friday only. Ayes (7), Nays (0), motion carried. Motion by Strain, second by Powers to adopt Resolution No. 323-79 authorizing the City Clerk to advertise for bids for the extension of sewer and water to serve the new Southeast Junior High School. Ayes (7), Nays (0), motion carried. Motion by Allen, second by Strain, to adopt Resolution No. 324-79 authorizing the City Clerk to advertise for bids for Concrete Curb and Gutter, West Side of 16 1/2 Avenue from 14th to 16th Streets NW. Ayes (7), Nays (0), motion carried. I I RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL, 1137 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - May 21, 1979 Agenda Item E-17 Motion by Allen, second by Duffy, to adopt Resolution No. 325-79 authorizing the City Clerk to advertise for bids for Sewer and Water main to Serve the West 1/2 of the South 1/3 of Lot 6, Block 15, Golden Hill Addition. Ayes (7), Nays (0), motion carried. E-18 Motion by Larson, second by Powers, to table the awarding of bids on Project 6207-4-77 "Culverts on 7th Street N.W. over North Branch of Cascade Creek", Project 6207-4-78 (J8650) "Construction of a 12" Watermain in 7th Street N.W. in Arends Industrial Park 1st Subdivi- sion to 7th Street N.W. at 6th Place N.W. in Country Club Manor", and Project 6207-4-77A (J2117) "Grading and Surfacing on 7th Street N.W. from Country Club Manor to Valleyhigh Addition" (Combined). Ayes (6), Nays (1), Alderman Allen voting Nay. Motion carried. E-19 Motion by Powers, second by Larson, to adopt Resolution No. 326-79 accepting Fraser Construction Company's bid of $287,472.50 for. Project 5710-78, Sanitary Sewer Trunkline Along the South Side of Trunk Highway 14 from the East Line of SW 1/4, NW 1/4, Section 34 to the West Line of Section 28, Cascade Township. Ayes (7), Nays (0), motion carried. E-20 Motion by Duffy, second by Solinger, to adopt Resolution No. 327-79 accepting Duncan Industries' bid of $33,051.50 for 170 Duplex and 50 Single Parking Meters plus accessory parts. Ayes (7), Nays (0), motion carried. F-1 Motion by Powers, second by Solinger, to adopt Resolution No. 328-79 authorizing a contract agreement with Pfeifer & Shultz/HDR, Inc. for increasing the contract amount to $19,500.00 for consulting services, plans and specifications for water well and building in Quarry Hill Park. Ayes (7), Nays (0), motion carried. F-1 Motion by Solinger, second by Powers, to adopt Resolution No. 329-79 authorizing a.purchase order agreement with Nalco Chemical Company for furnishing 12,000 pounds of zinc polyphosphate, in the amount of $8,467.20. Ayes (7), Nays'(0), motion carried. F-1 Motion by Solinger, second by Allen, to adopt Resolution No. 330-79 authorizing a purchase order agreement with Bathke Company for furni ing trackmobile repair parts in the amount of $3,865.34. Ayes (7), Nays (0), motion carried. F-1 Motion by Powers, second by Solinger, to adopt Resolution No. 331-79 authorizing a contract agreement with Bruce A. Liesch Associates, In for professional services for preparation of specifications, observa tion and evaluation of construction and development of proposed Municipal Well No. 27 in an amount not to exceed $5,100.00. Ayes (7), Nays (0), motion carried. F-1 Motion by Strain, second by Powers, to adopt Resolution No. 332-79 authorizing a contract with Chicago & N.W. Transportation Co. for furnishing a license to install a 240 volt aerial electric line 11.38 Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No �40 - May 21 1979 crossing the tracks and wires in the 700 block between South Broadw and 1st Ave. S.E. (no fees to be paid). Ayes (7), Nays (0), motion carried. Motion by Strain, second by Duffy, to adopt Resolution No. 333-79 authorizing approval of the Revocable Permit Agreement allowing KLSE-FM to install a booster antenna and equipment used in conjunc- tion therewith on the concrete.water tower located in St. Marys Park. Ayes (7), Nays (0), motion carried. Motion by Solinger, second by Powers, to adopt Resolution No. 334-79 authorizing a purchase order agreement with the Judd Company for furnishing 30,000 feet of 600V armored cable in the amount of $38,700.00. Ayes (7), Nays (0), motion carried. Motion by Solinger, second by Strain, to adopt Resolution No. 335-79 authorizing payment to Rochester Public Services Department for contracting for.. storm sewer drain on 5th Avenue S.W. for manhole drainage with Littrup Nielson, Inc. in an amount not to exceed $5,195.00. Ayes (7), Nays (0), motion carried. Motion by Allen, second by Powers, to adopt Resolution No. 336-79 authorizing payment to Heins Insurance Agency for 1979 boiler cover-' age insurance premium in the amount of $90,085.00. Ayes (7), Nays (0), motion carried. .Motion by Allen, second by Solinger, to adopt Resolution No. 337-79 authorizing a purchase order agreement with Feed -Rite Controls, Inc. for furnishing 14 chemical feed units in the amount of $8,876.00. Ayes (7), Nays (0), motion carried. Motion by Duffy, second by Powers, to adopt Resolution No. 338-79 accepting a public street easement pertaining to a portion of Lots 1 and 2, Block 2, Elton Hills First Subdivision in order to widen 19th Street Northwest at T. H. 52. Ayes (7), Nays (0), motion carried. An Ordinance amending the city building code so as to delete optional security provisions and flood regulation provisions was given its first reading. Motion by Solinger, second by Powers, to suspend the rules and give the Ordinance its second reading. Upon roll call vote,.Aldermen Allen, Duffy,.Larson, Powers, Solinger, Strain, and President Postier voted Aye (7), Nays (0), motion carried, and the Ordinance was given a second reading. Motion by Solinger, second by Powers, to adopt the Ordinance as read.' --Ayes (7), Nays (0), motion carried. (Ordinance No. 2042). An Ordinance Rezoning Lots 1 and 3, Block 3; Lot 1, Block 1, Replat of Lot 4, Block 3, Silver Acres Subdivision to B-4 (General Business was given its first reading. .(J. Bagne and Franklin Kottschade, east side of Hwy 52 between 37th and 41st Streets N.W.) I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 40 - May 21, 1979 Agenda Item F-1 IAn Ordinance annexing Lots 4, 5, and 6, Block 3, Knollwood Acres, to the City of Rochester, was given its first reading. F-1 An Ordinance relating to Final -Plats, Amending Rochester Code of Ordinances, Section 41.201, Clauses 2) and 3), was given its first reading. Motion by Strain, second by Alien, to suspend the rules and give the Ordinance its second reading. Upon roll call vote, Aldermen Allen, Duffy, Larson, Powers, Solinger, Strain, and Presi- dent Postier voted Aye (7), Nays (0), motion carried, and the Ordi- nance was given its second reading. Motion by Allen, second by Strain to adopt the Ordinance as read. Ayes (7), Nays (0), motion carried. (Ordinance No. 2043). F-1 Motion by Powers, second by Allen, to adopt Resolution No. 339-79 extending to Alex P. Smekta appreciation and commendation for the many years of outstanding service he has given to the City of Rochester as its Mayor, and permanently recording same. Ayes (7), Nays (0), motion carried. A standing ovation was given to Mayor Smekta by all present. F-1 Motion by Duffy, second by Strain, to.adopt Resolution No. 340-79 requesting the Minnesota Municipal Board initiate annexation pro- ceedings for approximately 243.49 acres in Sections 16, 17, and 21 of Cascade Township. Ayes (7), Nays (0), motion carried. F-1 Motion by Strain, second by Allen, to adopt Resolution No. 341-79 approving the plans and specifications entitled Grading and Surfaci of Frontage Road Abutting Denny's Restaurant in 1200 Block of South Broadway, and authorizing the Mayor and City Clerk to execute a contract with D.&L. Company in the amount of $15,267.50 for the construction of said improvements. Ayes (7), Nays (0), motion carried. F-1 Motion by Larson, second by Duffy, to adopt Resolution No. 342-79 approving the plans and specifications entitled Storm Sewer in Skyline Drive from Walden Lane to the West Frontage Road of T.H. 14 and 52, and authorizing the Mayor and City Clerk to execute a contract with A.B. Systems, Inc., The Kruse Co., and Robert W. Wein- rich in the amount of $18,816.00 for the construction of said improvements. Ayes (7), Nays (0), motion carried. F-1 Motion by Allen, second by Duffy, to adopt Resolution No. 343-79 vacating a portion of Fifteenth Avenue Southeast which lies between Lot 28, Block 3, and Lot 28, Block 7, Homestead -_. Addition, except for a 15 foot strip of the right-of-way. Ayes (7), Nays (0), motion carried. F-1 An Ordinance Rezoning property in Section 15-107-14 to B-la (Resi- dential Business District) and amending the Zoning Ordinance No. 165, of the City of Rochester, was given a second reading: Petitioner Builders Land Company, agreed that no developing would be done in the area without first bringing concept statement to the Council for li39 , Agenda Item F-1 H-1 H-2 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Adjourned Meeting No. 40 - Ma! OF THE COMMON M I N N ESOTA 21, 1979 COUNCIL approval. Motion by Allen, second by Powers, to adopt the Ordinance as read. Upon roll call vote, Aldermen Allen, Duffy, Larson, Powers and President Postier voted Aye (5), Aldermen Solinger and Strain voted Nay (2), motion carried. (Ordinance No. 2044). Motion by Duffy, second by Solinger, to allow contractors Don Schmidi and Bill Berg to pick up building permits for four (4) buildings, an( instructing the Public Services Department to issue the building permits. Ayes (7), Nays (0), motion carried. Motion by Solinger, second by Allen, to not participate in the cost of Gas Main Relocation involving Radichel First Subdivision and Westway Manor First Subdivision. Ayes (7), Nays (0), motion carried. Motion by Allen, second by Solinger, to adjourn the meeting until 4:30 P.M. Thursday, May 24, 1979. Ayes (7), Nays (0), meeting adjourned. Deputy City Cler INFORMATION: 1. Notice of Claim from Donald C. Steiner (referred to Insurance Office and City Attorney). 2. Request from Trinity Lutheran Church Re: Parking Stalls for Handicapped (referred to Public Services Dept. for review and recommendation). 3. Letter from Dr. David M. Barrs regarding Commercial Vehicles parked on.street. Referred to Planning Dept. for review and recommendation. 11 11