HomeMy WebLinkAbout07-16-1979ili® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No 4 - July 16, 1979
Agenda
Item
A-1 President Postier called the meeting to order at 7:30 P.M., the follc
ing members being present: President Postier, Aldermen Duffy, Larson,
Powers, and Strain. Absent: Alderman Solinger and Alderman Allen arri
at 8:25 P.M.
ers moved, Duffy -second to approve the minutes of the July 2, 1979
ting. Ayes (5), Nays (0). Motion carried.
B-1 A Hearing on the purchase of the REA Water System subject to the
following conditions: 1. The water rate for users of the system residii
outside of the corporate limits of the City shall be two(2) times the
City water rate. 2. The Common Council must authorize any additional
connections to the system. 3. No additional expansion of the.system wi
take place prior to annexation. Wishing to be heard was David Daniels
2712 Mel.'ose-St. S.E:, and.wanted the reasons for purchasing the
water system explained to him. Francis Brennan, Water Dept. Supt. ex-
plained the reasons and it was stated to Mr. Daniels that annexation
is not being considered at this meeting. Mr. Daniels stated that he
wanted things left the way they are. Fred Steiner of 2720 15th Avenue
N. W. is opposed to the purchase. Bruce Baker of 2005 Rose Dr. S.E.
stated that the residents of the area do not want this system changed.
He also does not want to annex into the City. President Postier stated
that this hearing is for the purchase of the water system only. Annex-
ation is not the issue at this hearing. The City does not and can not
annex the area at this time. President Postier explained that the wate
rate would be cheaper or in some cases the same price as the citizens
are paying at the present time if the City were to purchase the system
John Costello 1811 Marion Rd. S.E. is opposed to this purchase. He alsi
wanted the reasons why the City approached the REA first. Alderman
Powers recalled that the REA came to the City first and since that time
negotiations have been discussed. Water Supt. Brennan explained the
water pressure system. Mr. Costello stated that they are satisfied wit
the present system. Having no one else that wished to be heard,
President Postier closed the hearing. Powers moved, Duffy second -';to
table the hearing until the meeting of the Common Council on July 30,
1979 at 4:30 P.M. or until a full council is present. Ayes (5), Nays
(0). Motion carried.
8-2 A Hearing-on.the petition to change the Zoning Districting on property
located at the SW Corner of the intersection of 21st Street S.W. and
South Broadway from R-1 (Single Family Residential ) to R-2 ('Low
Density Residential ) District. Having no one present that wished to
be heard, President Postier closed the hearing. Larson moved,
Powers second to instruct the City Attorney to prepare an Ordinance
aking the change. Ayes (5), Nays (0). Motion carried.
B-3 A Hearing on the Petition to amend the City's adopted Land Use Plan to
show a commercial area and rezone property from R-1 (Single Family
Residential ) to--B-4 ( General Business) on 20.66 acres of land east o-
ennington Business Park Two. Wishing'to be heard was David Pennington
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Presenting the Pennington Family and was present for any questions.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL; 1.171
CITY OF ROCHESTER. MINNESOTA
Adjourned Meeting # 4---July _16,A 979
Agenda
Item
B-3 Having no one else present that wished to be heard, President Postier
closed the hearing. Larson moved, Powers second to instruct the City
Attorney to prepare a resolution approving the petition and the
recommendation that a portion of the Original petition be zoned B-4
and the adopted Land Use Plan show the portion of the proposed propert
south of the drainageway for commercial use. Ayes (5), Nays (0).
Motion carried.
B-4 Hearing on the Petition to amend the City's Adopted Land Use Plan and
Rezone property from R-1 ( Singel Family Residential ) to B-4 (General
Business ) and R-3 ( Medium Density Residential ) located at the
intersection of 55th Street and 18th Avenue N. W. Wishing to be heard
as Jim Suk, Attorney on behalf of the developer - Builders Land Co.
and stated that this mall would be smaller then Apache, but a little
larger then Miracle Mile and urged the Council to approve the petition
Wishing to be heard was Julie Pittenger of 1920 43rd St. N. W. and
represented the homeowners of the area and was concerned that the value
of the property would drop with a shopping center near. Alderman Larsoi
stated that property lot of times goes up if this should be developed.
She said they do not want more traffic in the area%and is concerned
bout the zoning of future property. President Postier stated that
the City has control of the zoning. Mrs. Evelyn Hunter of 2040 55th
Street N. W. urged the Council to approve the change. She stated that
he was in favor of a shopping center. Mrs. Chestnutt of 1915 2nd St.
. W. was in favor of the shopping center, but worried about the qualil
f shopping center that would be put in.. A citizen of 1933 43rd St:
N. W. was opposed he would like to see a small neighborhood center
e built, not a big mall. Jean Neighbor stated that traffic should be
o problem and was in favor of the center. Having no..one else present
that wished to be heard, President Postier closed the hearing. Duffy
oved, Larson second to approve the petition and instruct the City
ttorney to prepare a resolution. Ayes (5), Nays (0). Motion carried.
13-5 Hearing on the Final Plat of Western Second Replat. Wishing to be
Bard was Charley Sch<laete.r representing Western Walls and was present
For any questions the Council may have. Having no further questions
and no one else wished to be heard, President Postier closed the heari g.
owers moved, Strain'.second to approve the plat subject to the Board
f Adjustement approving the variance.request to allow the platting
f lots with less than 60 feet of frontage at their meeting on August
5, 1979. Ayes (5), Nays (0). Motion carried. ( Resolution No. 429-79)
B-6 A Hearing on the Final Plat, Dylind Subdivision. .Having no one presen
hat wished to be heard, President Postier closed the hearing. Strain
oved, Duffy second to adopt. Resolution No. 430-79 approving the plat.
Ayes (5), Nays (0). Motion carried.
C-1 uffy moved, Larson second to approve the request to increase the
usic Board from Eleven to Fifteen members and instruct the City Attorney
o prepare the necessary resolution amending Rochester Code of Ordinances.
yes (5), Nays (0). Motion carried.
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1172 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No 4 - Jul 16, 1979
Agenda
Item
C-2 Strain moved, Larson second to approve the request from Mayor Hazama
to establish an Energy Awareness Committee and authorize the appoint-
ment of a twelve member committee known as the Energy Awareness Commit
ee. Ayes (5), Nays (0). Motion carried.
Alderman Allen arrived 8:25 P.M.
D-1 Powers moved, Duffy second to adopt Resolution No. 431-79 referring
the petition for Concrete curb and gutter on Lots 2,3,4,5 and.6 of
Block 1 of Crescent Park loth Subdivision fora feasibility report.
Ayes (6.)., Nays (0). Motion carried.
E-1 Powers moved, Duffy second to approve the motion of the Downtown Devel
ment District Advisory Board authorizing the City staff to negotiate a
Phase I/Phase II Agreement with the Developers on Dr. Gores' Project
(Atrium I) and.set a date'for a public hearing on the use of Tax
Exempt Mortgage Financing for this project. The public hearing will
be held on August 6, 1979 at 7:30 P.M. Ayes (6)., Nays (0). Motion
carried. Resolution No. 431A-79.
E-2 Larson moved, Duffy second to refer the matter of hillside development
and erosion control"to the Planning and Zoning Commission for their
review and formulation of recommendations for zoning and.subdivision
ordinance provisions. A letter was received from Mary Wick supporting
Alderman Larson's suggestion and urged that this be acted on quickly.
Ayes (6), Nays (0). Motion -carried.
E-3 No action was taken on the Development Control Project matters. The
Council will consider this matter at the July 30, 1979 meeting.
Ayes (0), Nays (0). Motion carried.
E-4 Larson moved, Strain second to accept the low base bidder ( Patterson
Construction Company ) for Phase III of the Senior Citizens Center.
Base bid -was in the amount of $139,952.00. Ayes (6), Nays (0). Motion
carried.
E-5 Powers moved, Larson second to approve the On -Sale Intoxicating Liquor
License/ Rochester Restaurants, Inc. being constructed .in the NE corne
of the intersection of U.S. 63 and U.S. 52 South. A bond has not been
submitted at this time. Ayes (5), Nays (1). Alderman Allen voted nay.
Motion Carr dd. ( Sir John Barleycorn ).
E-6 Larson moved, Duffy second to approve the following licenses and bonds
On -Sale 3.2 Beer received from George Margellos for the Green Festival
at Silver Lake Park on August 26, 1979. Applications have been re-
ceived from Kathryn Ackerman for Cigarette License, On -Sale 3.2 Beer
and Off Sale Beer ( transfer ) for the Spa Tavern 1613 N. Broadway
effective September 1, E79. Application received from Wilbert Walker
for a permit.to move a garage from 308 15th Avenue N E. to Mantorvilli
Minnesota. Council approved this by poll on July 12, 1979. Ayes (6),
Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL::
.11'73
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 4 - July 16, 1979
Agenda
Item
E-7 Duffy moved, Larson second to adopt Resolution No. 432-79 approving
and authorizing the City Clerk to advertise ;for bids on the season's
supply of rock salt. Bids will be opened at 11:00 A.M. on July 31,
1979. Ayes (6), Nays (0). Motion carried.
E-8 Larson moved, Allen second'to approve the accounts payable for the
semi -month of July (list attached) in the amount of $379,283.22.
Ayes (6), Nays (0). Motion carried.
E-9 Larson moved, Duffy second to approv e the annexation request No. 79-8
by John Pougiales for property located at 1815 7th.Street S. W. and in7,"
s.truct the City Attorney to prepare an ordinance that can be adopted.
Ayes (6), Nays (0)..Motion carried.
E-10 Strain moved, Allen second to approve the annexation -request No. 79-9
by Covey and Marion Windsor for property located at.1809 7th St.
S. W. and instruct the City Attorney to prepare an ordinance that can
be adopted. Ayes (6), Nays (0). Motion Carried.
E-11 Strain moved, Powers second to approve the Preliminary Plat to be knowl as
Villa Meadows Subdivision. Mr. B.J. Loftsgaarden owner of the Rochest r
Villas was present and would object to any future assessments against
eveloped property. Ayes (6), Nays (0). Motion carried. The motion
as subject to the following conditions:1. That the street grades and
storm.sewer along 20th Avenue are -1:ai d out to adequately handle the st rm
ater runoff. 2. That dedicated walkways are provided between Lots 9 and
10 of Block Two and Lots 7 and 8 of Block Three. 3. That the easement
indicated -on the plat between Lots 5 and 6 of Block Three and Lots 7
�nd 8 of Block 3 are 1_abled as "drainage" easements to clearly define heir
undtions.
E-12 3owers moved, Strain second to approve the agreement between the City of
Rochester, Chicago Northwestern Transporation Company and the Commiss-
ioner of Transportation - State of Minnesota for the installation of
antilever type railroad crossing signals at llth Avenue N. W. the estimated
ost to the City of Rochester would be $6,476.30. Ayes (6), Nays (0).
lotion carried. Resolution No. 432A-79.
E-13 arson moved, Powers second to approve the agreement between the City Of
Rochester, Chicago Northwestern Transportation Company and the Commiss
oner of Transportation State of Minnesota for the installation of
antilever•type railroad crossing signal:§ at llth Avenue.N. E.
he estimated cost to the City is $4,819.90. Ayes (6), Nays (0). Motion
arried. Resolution No. 43213-79.
E-14 llen.moved, Strain second to adopt Resolutions No. 433-79 ., 434-79,
35-79 and 436-79 ,437-79'and 438-79 ordering a public hearing and
ids to be advertised for on the following projects: Sidewalk
Replacement Project No. 1-1979 J 8634 - East Center Street North to No th
roadway Bridge - Broadway East to_Zumbro River. and Sidewalk Replacem nt
roject No. 2-1979 J 8635 Zumbro River East to 17th Avenue N. E. - Eas
enter Street North to 5th Street N. E. Bids will be accepted at 11:00
11.`.74
Agenda
Item
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 4 - July 16, 1979
August 15, 1979 and the hearing will be August 6, 1979. Ayes (5),
Nays (0), President Postier. abstained. Motion carried.
Allen moved, Powers second to table the awarding of the bids for
Project No. 1002-0-78A J 8663 Sanitary Sewer Ext. in 24th Ave. S. E.
from 15th.St. S.E. to 300 feet North until the Meeting of July 30,
1979 at 4:30PPM. Ayes (6), Nays (0)., Motion carried.
Powers moved, Duffy second to adopt Resolution No. 439-79 awarding the
low bid of $91,733.95 to Littrup Nielson, Inc. for Project No. 6222-
4-78 J 8657 Construction of San. 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, and 4 and part of Lot'S, Block 1, Hendricks Sub. Ayes (6)
Nays (0). Motion carried.
Allen moved, Strain second to adopt Resolution No. 440-79 orderirig,
a hearing. to be held on August 20, 1979 At 7:30 P.M. on Project No.
5311-1-79 J 8673 Concrete Curb and Gutter and Storm Sewer on llth Aveni
N.E. and Teton Lane from the not-th line of Peck's 6th Addition to 19th
Street N. E. Ayes (6), Nays (0). Motion carried.
Strain moved, Powers second to adopt Resolution No. 441-79 ordering
a hearing to be held on August 20, 1979 on Project No. 7002-0-79 J 869!
Extension of San. Sewer in Melody, Mayfair and Mayhill Streets S. E.
from 24th Avenue S. E. to the West Line Marvale Sub. Ayes (6), Nays
(0). Motion Carried.
Strain moved, Duffy second to adopt Resolution No. 442-79 authorizing
the City Clerk to advertise for bids on the Project No. 6016-78 J 2119
Storm Sewer and Subdrains in 18th Avenue N. W. from 18th to 18 112
Street, and Storm Sewer in 18th Street from 18th Avenue to 19th
Avenue . Bids will be opened at111:00 A.M. on August 15, 1979.
Ayes (6), Nays (0). Motion carried.
E-20 Allen moved, Strain second to authorize the payment for additional worl
provj:ded for by Supplemental. Agreement No. l.on Project No. 7306-1-78
grading and surfacing concrete curb and gutter and watermain on 17th'S1
S.E. in Rochester Villas. - amount $6,600.00. Ayes (6), Nays (0).
Motion carried.
E-21 Powers moved, Duffy. second to authorize the payment for additional wo6
rovided for by Supplemental Agreement No. 2 on Project No. 7306-1-78
rading and surfacing, Concrete curb -and gutter and watermain on 17th
treet S. E. in Rochester Villas. $2,753.00. Ayes (6), Nays (0).
lotion carried.
F-1 n Ordinance rezoning property at.the.southwest corner of the intersect
f 21st Street S. W. and South Broadway to R-2 Low Density Residential
istrict ( Donald A. Anderson ) was given its first reading.
ie
.ion
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COLINCII 1175
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 4 - July 16, 1979
Agenda
Item
F-1 An Ordinance Annexing approximately 1/3 acre located at 1815 7th
Street S. W. in Rochester Township to the City was given its first
reading.
F-1 An Ordinance annexing less than one acre located at 1809 7th Street S.
W. in Rochester Township to the City was given its first reading.
r-1 Allen moved, Larson second �to adopt Resolution No.. 443-79 accepting
a public street easement pertaining to 7th Street N.W. from T.H. No.
14 to Country Club Manor for the purpose of widening 7th Street N. W.
Ayes (6), Nays (0).Motion carried.
F-1 Strain moved, Larson second to adopt Resolution No. 444-79 approving
an agreement between the City of Rochester and the Rochester Chamber,
of Commerce pertaining to the promotion of the City as a tourist and
vention center. Ayes (6), Nays (0). Motion carried.
F-1 Duffy moved, Strain second to adopt Resolution No. 445-79 accepting
a.street easement granted by .Robert D. DeWitz.and Beverly DeWitz
covering land in the NE 1/4 of the NW 1/4 of Sec. 33, Township 107
Range 14. Ayes (6), Nays (.0). Motion carried.
F-1 Duffy moved, Strain second to adopt Resolution No. 446-79 amending
the Land Use Plan to Commercial Property between _9.53' acres east of
Pennington Business Park II. Ayes (6),.Nays (0). Motion carried.
F-1 An Ordinance Rezoning the 9.53''acres of land in Pennington Business
Park II to B-4 was given its first reading..
F-1 Larson moved, Powers second to approve and adopt Resolution No. 447-79
mending the Land Use Plan to be used as 37.75 acres of land owned by
uilders Land on 55th Street and l8th Avenue N. W. as Commercial.
yes (6), Nays (0). Motion carried.
F-1 n Ordinance Rezoning 18.20 acres of Builders Land Property at 18th
venue N. W. and 55th Street to R-3 Medium Density Residential
roperty,;was given its first reading.
G-1 3owers moved, Allen second to remove the Approval of Compensation Leve'
or position of Director of Administrative Services to the salary rang(
20,772-$27,168.) E-10 of the Exempt Public Utility Salary schedule an(
he same schedule would apply for the position of Director of Logistic<
Support Services, from the.aabl•e. ;Ayes ;(•6) ;�Nays,,(0.),. Motion;carried.
owers moved, Strain second to approve the salary and the positions.
yes (6), Nays (0). Motion carried.
G-2 The Request to purchase a Pool.Bulkhead at the Rochester Olmsted Rec-
reation Center was held=over until the July 30-, 1979.Council meeting.
H-1 Strain. moved, Allen second to instruct the City Attorney to prepare
resolution supporting the President of the United States in conservii
nergy. Ayes (6), Nays (0). Motion carried.
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Agenda
Item
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 4 - July 16, 1979
Having no further -business Allen moved, Larson second to adjourn the
meeting until 4:30 P.M. on July 30, 1979. Ayes- (6), Nays (0).-Motion
carried.
2�, , l ee,/i t,
City Clerk
Information - July 16, 1979
1. Claim for damages against City by Howard McDonough
( referred to the Attorney and Public Utilities )
2. Rochester/Stewartville Trail Acquisition Proposal ( referred
to Planning and Zoning).
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