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HomeMy WebLinkAbout09-05-19791r,1200 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �r Adjourned Meeting No. 9 - September 5, 1979 Agenda Item A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier Aldermen Allen,Duff , Larson., Powers, Solinger and Strain. Absent: None. Allen moved, Larson second to approve the minutes of the August 20 and the September 4, 1979 meetings. Ayes (7), Nays (0). Motion carried. -1-10 The Mayor's appointments to the following committees of Energy Awarene s, MACADA Project, Historic Preservation, Music Board, Human Rights Comm- ission, Library Board, Housing Board of Appeals, Park Board, Downtown Development District Advisory Board and City Hall Historian were table until October 1, 1979 upon motion by Duffy and second by Larson. Aldermen agreed that a resume of each person should be provided them, and procedure of appointments should be discussed by the Committee of " the Whole. Ayes (7), Nays (0). Motion carried. D-1 Strain moved, Solinger second to adopt Resolution No. 522-79 referring the petition for Grading and Surfacing, Concrete Curb and Gutter, Watermain, Storm Sewer, Sanitary Sewer and laterals in 30th Avenue N. 4. from Valley High Drive to the Public Services Department for a feasibil- ity report. Ayes (7), Nays (0). Motion carried. D-2 Duffy moved, Allen second to adopt Resolution No. 523-79 referring the petition for Sanitary Sewer Service for property located in the SE 1/4 of NW 1/4 of Section 24, Township 107 North, Range 14 West - Wa ter A. Benike and Donald L. Soderberg, to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. D-3 Allen moved, Larson second to adopt Resolution No. 524-79 referring the petition for Water Service for Property located at the SE 1/4 of the NW 1/4 of Section 24, T 107 North, Range 14 West,to the Public Service Department for a feasibility report. Ayes (7), Nays (0). Motion carried. E-1 Solinger moved, Powers second to adopt Resolution No. 525-79.approving the agreement with Carl Walker and Associates to do a parking feasibil ty analysis of the proposed parking ramp on West Center Street and the cost of the study not to exceed $10,000.00. Ayes (7), Nays (0). Motion carried. E-2 Duffy moved, Larson second to approve the authorization of the execution of a Phase II Agreement between the City of Rochester and the Developers for Riverside Project. The City Attorney is instructed to prepare the necessary documents. It was noted from Roger Plumb, Public Works Director that he still had not received any final plans to review and that he had no details of the wood wall that :is scheduled to be con- structed along the riverbank. He stated that it was unusual to have a wooden wall constructed. Ron Manning, Administrator of the Downtown Development stated that the City is not paying for any improvement to the riverfront. Mr. Swanson, City Attorney stated that the $40,000. would be spent on public improvement projects such as parking lots, and streets on the B= ',ay side. Mr. Plumb was concerned about RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. 12011 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Agenda Item E-2 giving building permits.for this project without getting detail on the flood.wall along the ri;ver:bahk and the flood proofing of the Sadler Building. Mr. Swanson stated that the questions being raised can be solved when they are brought up. President Postier stated that we are still in control of the project at this time.Mr:,Swans -on stated that the Council has controluote was taken at this time. Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Strain second to adopt Resolution No. 526-79 approving the agreement requesting State Aid for maintaining the Rochester Municipal Airport during all seasons of the year uptto June 30, 1980. The State will participate on a 50% basis not to exceed $45,000.00 for general maintenance of the runways, taxiways and apron areas. The Mayor and City Clerk are hereby .authorized to sign said agreement. Ayes (7), Nays (0). Motion carried. E-4 Solinger moved, Larson second to adopt Resolution No. 527-79 awarding the low bid for Window Modification Project/ Flight Service and Weather Bureau building at the Rochester Airport to Windtec, Edina, Minnesota for the low bid of $18,716.00. One other bidder submitted a bid of $18,980.00 of Minnesota RUSCO, Minneapolis, Minn. Ayes (7), Nays (0). Motion carried. E-5 Strain moved, Duffy second to approve the On-Sale'Intoxicating Liquor License received from John Cokinos and Charles A. Gianetto of Katina's Inc. at 309 West Center Street. This is a restaurant located in the �1inic View Motel. Ayes (6), Nays (1). Alderman A:1.1 rl vo%� n y otion carried.( Transferred to atina's Inc. from C.1 nic 1 w otel.) E-6 Duffy moved, Strain second to appropriate $6,000. from the Contingency ccount to fund a study of pension alternatives for Rochester Policemer nd Firefighters. Ayes (7), Nays (0). Motion carried. E-7 Powers moved, Allen second to approvethe request to close 1st Avenue S.W. from 4th Street-S. W. to 6th Street S. W. - Sunday, September 6, 1979 from 11:00 A.M. to 4:00 P.M. This is in connection with the loggers Race approved by the Common Council at their Aug. 20, 1979 eeting. The new request is subject to police approval. Ayes (7), Mays (0). Motion carried. E-8 Solinger moved, -Duffy second to approve retaining the firm of Smith, Schafer and Ferguson to conduct an audit for the City of Rochester's 979 fiscal year. Ayes (7), Nays (0). Motion carried. E-9 uffy moved, Larson second to authorize the retention of the firm of venson-Dodge, Inc. to assist the Finance Department as financial advi! he proposal would require a retainer of $3,000.00 with the time and u f all services under the control of the City. Ayes (7), Nays (0). otion carried. E-10 llen moved, Duffy -second to approve the following licenses and bonds: or e rizoz Agenda Item E-10 E-11 E=12 E=13 E-14 E=15 E-17 8 E-19 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Application for Auctioneer License received from Thomas C. Burns of 11 2nd Avenue.S. W'. The bond of $500.00 has been submitted. and an application received from Carroll L. Bruske of 1765 Highway 52 North. A bond i'n the amount of $500.00 has been submitted. Ayes (7), Nays (0; Motion carried. Solinger moved, Larson second to approve the payment of Accounts payable ( semi monthly ) list attached in the amount of $433,352.08. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 528-79 authorizinc transfer of the contingency funds The impact is an increase of $12,05: to the contingency appropriation for the general government function, effective December 31, 1978.• Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to accept the low bid of $61,514.00 for traffic control systems at 2nd St. S. W. and Second, Third and Fourth Avenue plus interconnection - Project 6324. This was awarded to H & H Electric. One other bid was received by the City and that was Nietz Electric i`n the amount of $80,826.00. Ayes (7)-, Nays (0). Resol.ut:on No. 529-79 was adopted. Motion carried. Strain moved, Powers second to approve the request for reclassificatic of an Accounting Technician. position in the Finance Department to a supervisory position: Accountant I and is to be placed in the Exempt Grid A, pay grade 8. Mr. Bruce Atkinson is hereby promoted to that classification effective September 1, 1979 at pay grade 8-B $14,364.00 Ayes (7), Nays (0). Motion carried. Larson moved, Duffy second to table the Petition to vacate the Public Right -of -Way for loth and llth Avenue N. W., and.38th Street N. W. between Robert Gage School and 37th Street. Baptist church for further discussion. Ayes (7), Nays (0). Motion carried. Powers moved, Al.len second to adopt Resolution No. 530-79 authorizing the City Clerk to advertise for bids on Project No. 6202-2-79 J 2127 for Storm -Sewer Replacement in Second Street S. E. From Broadway to Second Avenue S. E. Ayes (7), Nays (0).. Motion carried. Solinger moved, Strain, second to adopt Resolution No. 531-79 authorizi the City Clerk to advertise for bids on Project No. 6802-0-78 J 8680 Channel Improvement within the 60 foot drainage easement in Rocky Cree First Subdivision plus Drainage Improvements between Trunk Highway No. 63 and the West Line of Rocky Creek First Subdivision. Bids to be opened on September 26, 1979 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt Resolution No. 532-79 authorizing the City Clerk to advertise for bids on Project No. 7002-0-78A J 8663 and Project No. 7002-0-79 J 8695 - Sanitary Sewer. Extension in 24th Avenue S. E. from 15th Street S. E. to a point 300 feet North and for J 8695 - Extension of Sanitary Sewer in Melody, Ma f it a d a hil Streets S.E. From 24th Avenue S. E. to the West Line o �larvanle Yui�. '5 E RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 1203 Adjourned Meeting No. 9 - September 5, 1979 Agenda Item E-19 Bids::will.be,opened at 11:00 A.M.:on September 26, 1979. Ayes (7), Nays (0).. Motion carried. E-20 Duffy moved, Allen second to approve the proposal of McGhie and Betts for Engineering services in Project No. 7803-4-79 J 8699 in Innsbruck 4th Subdivision . Ayes (7), Nays (0). Motion carried. E-21 Strain moved, Allen second to approve the proposal for Engineering .: Services for Project No. 7810-1-78 J 8658 in Westwood First Replat. Ayes (7), Nays (0). Motion carried. E-22 Allen moved, Strain second to adopt Resolution No. 535-79 awarding the low bid of $81,548.20 to Fraser Construction Company, Rochester, Mn. on Project No. 5720-79 J 8689 Construction of -a 12 inch Trunkline Watermain from the High Level Watertower located on Lot 1, Block 5, Manor Woods First.Subdivision to the Inplace 12 Inch Trunkline Watermz located Between Lots 20 and 21, Block 24, Country Club Manor 6th Addition. Ayes (7), Nays (0). Motion carried. E-23 Strain moved, Solinger second to instruct the City Clerk to advertise and publish a hearing date for the Housing and Community Development Act of 1974 as amended to evaluate the previous yea r�s performance (Year V). Date for the hearing is October 1, 1979. The motion also includes the Revenue Sharing hearing. Ayes .(7), Nays (0). Motion carr E-24 Duffy movdd, Strain second to adopt Resolution No. 536-79 awarding the low bid of $33,533.00 to Gopher Sanitary Service, Inc. for Project 6306-2-75 J 2124 Street Resurfacing and Sanitary Sewer on 6th Avenue S. E. from 3rd to 4th Streets S. E. Ayes (7), Nays (0). Motion carried. E-25 Strain moved, Larson second to approve the transfer of the Rent-A-Car Agreement from Paul Richards (Yel.l-ow°Cab. Company ) to Hertz Rent-A- Car, Inc. The Rochester Airport Commission approved of this transfer at their meeting on August 24, 1979. Mr. Richards has paid his entire financial obligation to-'Ahe Airport on August 31, 1979. Ayes (7), Nays (0). Motion carried. E2 26.. - Al11en . moved:, Strain second to approve the hearing date to be set for October 15, 1979 for the Section 5 Grant Applicant for Federal Transit Assistance. The.City Clerk is instructed to publish said notice to comply with the 30 day requirement prior to the hearing. Ayes (7), Nays (0). Motion carried. E-27 Allen moved, Powers second to instruct the City Attorney to prepare the necessary documents to institute eminent domain proceedings for acquisition of the Norm Reid Property. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property (13.53 ) acres to PUD-R-42 known as the Hylands - Sec. 28 Twp 107 N Range 14W, was given its second reading. Duffy moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. n ied. �1204 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 An Ordinance Relating to Public Transportation and Franchises; Grantin a Non -Exclusive Franchise to ROCABCO, Inc.; Amending Rochester Code of Ordinances, Sections 96.01, 96.02, 96.03 and Repealing Section 96.0 was given its second reading. :Al.len moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance increasing the size of the Rochester Music Board; amend- ing Rochester Code of Ordinances, Sections 18.01 and 18.03 was given its second reading. Duffy moved, Larson second to adopt the Ordinance,' as read. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to adopt Resolution No..537-79 approving an Easement Agreement between the City and Minnesota Public Radio, Inc pertaining to the location of a radio transmission line across portion of Block 20, Moe and Old's Addition and the Mayor and City Clerk are authorized to sign said agreement. Ayes (7), Nays (0). Motion carr Allen moved, Strain second to adopt Resolution.No. 538-79 approving a resolution of the Public Utility Board placing the position of Enginee Technician Specialist in Salary Range 5. Ayes (7), Nays (0). Motion carried. Powers moved, Strain second to adopt Resolution No. 539-79 approving a resolution of the Public Utility Board placin the position of Relay and Control'T_echnician in Sal.ary Range'5. Ayes ?7), Nays (0). Motion carried. Allen moved, Strain.second to adopt Resolution No. 540-79 approving a, resolution -of. the Public Utility Board pertaining to Amendment No. 1 to the agreement with Thein Well Company Inc. for work on Well No. 20. Ayes (7), Nays (0)-. Motion carried. Larson moved, Duffy second to adopt Resolution No. 541-79 approving a resolution of the Public Utility Board pertaining to Amendment No. to the Energy Engineering, Inc. coal agreement. Ayes (7), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 542-79 approving the Issuance and Sale of $1,600,000. Aggregate.Principal Amount of Corm ercial Development Revenue Bonds (Riverside Project)Series 1979 of the City of Rochester; Authorizing execution of the Indenture of Trust, Loi Agreement and Bond purchase agreement, and approving the Mortgage and Security Agreement and Assignment of leases and rents for said series of Bonds. Ayes (6), Nays (1). Alderman Strain voting nay. Motion carried. F-1 Duffy moved, Powers second to approve the Resolution No. 543-79 approv- ing the Riverside Project Phase II Agreement between the City', of . Rochester and Riverside Partners. Discussion was held by the Council regarding this agreement. It was noted by the Council that the ed. 1 ng Dbligation of the City is $40,000.00. The River care of by the Develop. rs. This river front will be front improvement will taken be RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. .� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Agenda Item F-1 :.;;done according to.City standards. Ayes (6),.Nays (1). Alderman Strain voting nay. Motion carried. F-1. "{.,Solinger moved, Duffy second.to adopt a Resolution approving a lease agreement with the City and Rochester Central Lutheran School for use by the City of the Association's property on the North side of Elton Hills Drive and immediately west of 9th Avenue N. W. for public play- ground.purposes for a term ending May 31, 1994. Upon Roll Call vote, Aldermen Duffy, Larson and Solinger voted aye. Ayes (3). Aldermen Allen, Powers, Strain and President Postier voted nay. Nays (4). Motion did not carry. F-1 Larson moved, Allen second to adopt Resolution No. 544-79 approving the establishment of bus routes No. 1,2,3, and 4. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Intoxicating Liquor License Fees; Amending Rochester Code of. Ordinances Section 125.18 Subd. 1 was given i.ts first reading. AhaTen moved, Powers second to suspend the rules and give this ordinance a second reading. Upon Roll call vote, Aldermen Allen, Duffy, Larson,.Powers, Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried and the Ordinan was given its second reading. Allen moved, Duffy second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Allen second to adopt Resolution'No: -545-79 approving an agreement between the City and the Chicago and Northwestern Trans- portation Company for reconstruction of 20th St. S. E. from Third Ave S.E. to County State Aid Highway No. 1. Ayes (7), Nays (0). Motion carried. F-1 Allen moved, Strain second to adopt .Resolution No. 546-79 approving the plans and specifications prepared by Wallace Holland Kastler Schmitz and Company for Watermain Extension for Ascension Lutheran ; Church Outlot A, Meadow Park South 3rd. Ayes (7), Nays (0). Motion. Carried. F-1 Allen moved, Powers second to.suspend the rules on Ordinance Rezoning certain property to B-4 General Business District - Lots 8 and 9, Tongen First Subdivision ( Cavaline, inc. so. of 51st St. N. W. Being along*W. Side of US 52) and give.this a second reading. Upon Roll call vote, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain and President Postier voted aye. Ayes (7), Nays (0). Moti-on carried. And, the ,Ordi.nante-,wasp- given l-:i tsl-'setond reading. Powers moved, Allen second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Having no further business, Allen moved, Duffy second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried. A-1 President Post,i.er called the meeting to order at 7:30 P.M., the :e 1206 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. A Hearing to consider the request for a Limousine Franchise by Alden Wildfeuer. Wishing to be heard was Terry Walters, Attorney for Alden Wildfeuer. Mr. Walters stated that the only opposition to Mr. Wildfeu franchise'is the Cab Company. He stated that part of their complaint is the'rate that is being charged. Mr. Walters stated the need for thi type of service and read two.letters,one from -`the Kahler Hotel and the other from Lowell Helgerson Airport Manager stating the need for add- itional transportation from the Airport to the downtown area. Mr. Walters urged the Council to grant the franchise. Wishing to be heard was Mr. Chuck Richards, Attorney for the ROCABCO.He objected to the language in the Ordinance defining "Service Vehicles" and the rate charged by Mr. Wildfeuer. He also was concerned about the number of "service vehicles" that the Ordinance would allow Mr. Wildfeuer to have in service. Wishing to be heard was Debra Daly of 1827 27th St. N. W. and presented a petition of 39 citizens that,wish to support Mr. Wildfeuer. Mr. Ed Moline, General Manager of the Rochester City Lines did not think additional transits were necessary in Rochester. Violet Janell of Colorado was heard and favored the Limousine Service. Mr. Terry Walters wished to be heard and responded to Mr. Richards comments. Mr. Walters stated that the Ordinance could limit solicitati by Mr. Wildfeuer and he,does not object to the Ordinance limiting -the number of service vehicles but he would like to request at least "3". Mr. Walters again stated the need for such type of service, especially an air-conditioned type of van for the many ill people that Rochester serves. Mr. Chuck Richards wished to be heard and stated that Mr. Wildfeuer is operating his vehicles at the present time under the old Ordinance. Mr. Alden Wildfeuer 2103 23 St. N.W. wished to be heard and stated that he conducts tours out of the City 11 mits. Mr. Wildfeuer again stated the need for this type of service. Having no one else present that wished to be heard, President Postier closed the hearing. The Council inquired of Mr. Gerald Swanson, City Attorney .as to how Mr. Wildfeuer can operate his tours and Mr. Swanson stated that Hotels provide a sort of courtesy service to guests and that is how Mr. Wildfeuer can operate. After discussion by the Council Duffy moved, Powers second to table this. Upon Roll call vote, Aldermen Allen, Larsi Strain and President Postier voted nay. Nays (4). Aldermen Duffy, Powers and Solinger voted aye. Ayes (3). Motion did not carry. Larson moved, Strain second to take this under advisement and discuss the mat further at a Committee of the Whole. Upon Roll Call vote,;Aldermen Alle Larson, Strain and President Postier voted aye. Ayes (4), Aldermen Duffy, Powers and Solinger voted nay. Nays.(3). Motion carried. B-2 A Hearing on the Request from Daniel Remick to Operate a Shuttle Servil between Homestead Village and .Mayo Clinic. Wishing to be heard was Ed 'Moline of Rochester Bus Company and stated that there was no real need in the area that this was served by the City Lines during peak times. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Duffy second to deny the request. yes (7), Nays (0). Motion carried. n, ar RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Agenda Item B-3 A Hearing on the Petition to Change the Zoning districting on property located West of Western Second Subdivision.along the proposed 22nd Avenue N.W. From R-1 ( Single Family Residential ) to R-2 ( Low Densit, Residential ). Dave Alexander of Western Walls, Developer was present for any questions the Council may have. Having no one else present th fished to be heard, President Postier closed the hearing. Duffy moved, Solinger second to approve the change and instruct the City Attorney to prepare an ordinance making this change. Ayes (7), Nays (0)i Motion carried. B-4 A Hearing on the Petition to change the Zoning districting on Lot 13, Block 41, Northern Addition( 115 loth Street N. E. ) from R-3FF ( Med- ium Density Residential Flood Fringe ) to B-laFF ( Residential Busi.nes! Flood Fringe ) District. Wishing to be heard was Robert E. Reige of 1662 Elmcroft Dr. S.W. and urged the Council to approve this. Wishing to be heard in support of this change was Jim Miner of Day Realty. He tated that this was in the flood and that it .would sell as a business if it were rezoned: Wishing to be heard in opposition -,vas Mrs.Enoch ison of 33 llth St. N. E.; Leona Hanson of 20 llth St. N.E.; Keith' erry of 11'6 llth St. N. E.; Darr..ell'Greenwalt of 34 llth St. N. E.; eo Becker of '112 10th St. N.. E., Bill-St.'Martin of 1494 Windsor Chas( Drive S.W., Mary.Wilder of 1426 Graham Court, Jerry Janet.of 1106 lst venue N. E. and Mike Hanson of 20 llth St. N.E. A petition of 22 ignatures.:n opposition was also presented. Having no one else preser that wished to be heard, President Postier closed the hearing. Larson oved, Duffy second to deny the request. Ayes (6 ), Nays (1). Alderman owers voted nay. Motion carried. — B-5 Hearing on the Petition to change the Zoning Districting on approx. 0 acres of land located in the SE Quadrant of U.S. 52.and U.S. 63 intersection from R-1 Single Family Residential to M-1 Light Industria' fishing to be heard was Sandy Keith, Attorney for AB Systems, Inc. for any questions the Council may have. Having no one else present that fished to be heard, President Postier closed the hearing. Powers moved, train second to approve the change and instruct the City Attorney to repare an Ordinance making the change. It was asked.by Aldermen tbc.Mr, eith, if they would adhere to the"assessment of the Willow Creek ewer charge per acre. Mr. Keith stated that they would. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Application for approval of a Planned Unit Developmeni Concept Statement ) for Innsbruck, in the.area along the east side of 8th Avenue N. W., approximately one -quarter mile north of Candlewood. Wishing to be heard was Jim Suk Attorney for Builders Land Company. He urged the Council to approve this. Having no one else present that wiE d to be heard, President Postier closed the hearing. Allen moved, Dufl econd to approve the application with the following conditions: 1. The he location of parking on each individual site be regulated as pr.ovidE or in the Zoning Ordinance under paragraph 63.205 with the exception that no parking be allowed in the 30 foot rear yards of all lots or in 5 foot yards fronting on 48th Street on Lot 5, Block One and Lot One lock Two. 2. That the landscaping to be provided by the developer it e A2 7 Agenda Item W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Ad-journprI Meeting No- g SpptPmbPr 5, 1979 along the east and north property lines is outlined in detail on the final plans. 3. That no parking is allowed on the frontage road. Ayes (5), Nays (2). Aldermen Solinger and Strain voting"nay. Motion carried. A Hearing on the application for approval of:a Planned Unit Developmeni ( Final Plan ) for Tanglewood, located along the east frontage road of US 52 North of llth St. S. W'. Wishing to be heard was Gary.• -MacKenzie Architect for'Tange.lwood and urged the Council to approve this and adopt the necessary documents at the meeting today. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved,, Duffy second to approve the application Ayes (7), Nays (0). Motion carried. It was noted that the drainage would handl ed,.by:- the ,developer. A Hearing on the Application for approval of a Planned Unit Developmen ( Concept Statement ) for Real Estate Center on Block One of Elton Hills North Third Subdivision. Wishing to be heard was Jim Suk, on behalf of Real Estate Center and was present for any questions Having no one else present that wished to be heard, President Postier closed ttie hearing.Pbwers moved, Strain second to approve the plan.Upon Roll call vote, Aldermen Allen, Powers, Strain and President Postier aye. Ayes (4). Aldermen Duffy, Larson, and Solinger voting nay. Nays (3). Motion carried. It was noted that this is a concept statement and the plan should.be altered regarding the parking problem'. and the number, -of. -,housing units per area is tcp great. B-9 A Hearing on the Planning Commission initiated Change in the Zoning Dig tricting on a part of John Pervin's property located -north of Rochester Villas on Marion Road S. E, from B-4 (General Business ) to R-3 ( Med. Density Residential ). Wi.'shing to be heard was John Pervin. He stated that he did not know what was going on with the change of zoning. Wish• ing to be heard was Art Friederich of 2009 15th St. S. E. stated that safety is a big reason for changing to R-3 and that is the best zone. A letter was also read from B.J. Loftsgaarden of Rochester Villas.and stated that he would -remain neutral in the matter. Having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to approve the change. The City Attorney is instructed to prepare the Ordinance making the change. Ayes (7.), Nays (0). Motion carried. B-10 A Hearing -on the Petition..to amend the proposed Land Use Plan and Rezor Property from R-2 ( Low Density Residential ) to R-3 ( Medium Density Residential..) located in the 4800 block between 15th and 18th Avenue N, Wishing to be heard was Pat Dargis of Builders Land Company and was present for any questions the Council may have. Having no one else - present that wished to be heard, President Postier closed the hearing. Olinger moved, Powers second to approve the proposed Land Use plan n the abutting four lots South of .the R-3 area and North of 48th StreE N. W. from Low Density to Medium Density. Ayes (7), Nays (0). Motion arried. Strdj_n moved, Larson second to approve the petition to RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1209 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Agenda Item B-10 change the Zoning. District from R-2 ( Low Density Residential ) to R-3 edium Density Residential in the 4800 Block between 15th and 18th Ave ue .W. Ayes (7), Nays (0). Motion carried, the:City Attorney is instruc ed o make an Ordinance making the changes. B-11 A Hearing on the Application for approval of a Planned Unit Developmen (.Concept Statement ) for Samaritan Bethany, Inc. to.allow the construction of a.nursing Home on the northwest ten acres of the ssisi Heights Property. Wishing to be heard was'L.E. Bliese and urge he Council to approve this. He stated that he had many people on the aiting list to get into this type of facility. Having no one else resent that wished to be heard, President Postier closed the hearing. uffy moved, Larson second to approve this application. Ayes (7), Nays (0). Motion carried. B-12 k Hearing on the Application for.approval of a Planned Unit Developmen- Amended Final Plan ) for Valhalla Park Apartments, on Lots 12 and 13 lock Four, Valhalla Fourth Subdivision. Wishing to be heard was Al enderson , Arch'itect and designer for Metro. Development: He explainer he project and stated that erosion control is adequate and they have decrease in density because they are eliminating a parking garage. e stated that they were going to leave as many trees as possible and xplained their plan for erosion. Wishing to be heard was Peter Meyer f 711 19th St. N. W. and is opposed. Tom Gauthier of 603 Woodland Ct. as opposed and worried about runoff. Marc Jackson of 640 19th St. N. I as opposed and Arnold Vogel of 632 l9th St. N. W. stated that the gncerns of the neighbors of the erosion, parking were the reasons hey were opposed. to this.Carol Jackson of 640 19th St. N. W. stated I to the Council that Metro is full of empty promises and urged the ouncil not to approve this. Having no one else present that wished tc e heard, President Postier closed the hearing. Solinger moved, Powers econd to table -this unti.l. the Public Services Department has received lans and specifications and have -reviewed the plans for the erosion un off etc. This will be brought back to the Council on October 1, 979. Ayes>>(7),:; Nays (0). Motion Carried. B-13 A Hearing on the Deferred Assessments to 620 16th St. S. W. Lot 4, oogood Subdivision Plat 8940 Parcel 00400. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved Powers second to adopt Resolution No. 547-79 approving the assessment. Ayes (7), Nays (0). Motion carried. B-14 Hearing on the making of Project No. 5402-79 J 8693 Sanitary Sewer, atermain and Service Connections in 21st Avenue S. W. and in East-Wes- lley Block 4, Highland Addition to serve.the North 47 Feet Lots 4 and Block 3, and Lots 29 to 34, Block 4, Highland Addition..Galen Raymoi f 223 21st Avenue S.W. urged the Council to approve this. Having no ne.else present that wished to be heard, President Postier closed the tearing. Allen moved, Duffy second to adopt Resolution No. 548-79 rdering the project to be made. Ayes (7), Nays (0). Motion carried. riz10 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 5, 1979 Agenda Item B-15 A Hearing on the Project No. 6009-10-79 J 8697 Concrete Curb and Gutte on 30th. St. N. W. in Crescent Park loth Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 549-79 ordering the -project to be made. Ayes (7), Nays (0). Motion carried. B-16 A Hearing on the Deferred Assessments to 620 16th St. S. W. Lot 4, Toogood Subdivision Plat 8940 Parcel 00400. Having no one present that wished to be heard, President Postier closed the hearing. Larson moved, Allen second to adopt Resolution 550-79 accepting the assessmen. Ayes (7), Nays (0). Motion carried. B-17 A--Hear•i ng;,on _ the.--Deferred,:Assessments to 324 16th Street S. W. Lot 1, Block 2, Golden Hill Subdivision Plat 1295 Parcel 0102 J 8372. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 551-79 accepting t1e assessments. Ayes (7), Nays (0). Motion carried. B-18 A Hearing on the Deferred Assessments to 16th St. S. W. from T.H. 63 to West Line Graham Addition ( Project No. 6216-3-71) J 8372. Having n o,e;present that wished to be heard, President Postier closed the heari g. Solinger moved, Larson second .to adopt Resolution No. 552-79 accepting the assessments. Ayes (7), Nays (0). Motion carried. B-19 A Hearing on the Final Plat of Replat of Lots 10-13 Knollwood Acres. Having no one present that wished to be heard, President Postier close) the hearing. Strain moved, Larson second to adopt Resolution No. 553-71. approving the plat. Ayes (7), Nays (0). Motion carried. B-20 hearing on the Final Plat of Radichel First Subdivision. Having no one present that -wished to be heard, Powers moved, Larson second to continue this hearing until the documents are ready. Ayes (7), Nays (0). Motion carried. E-16 ersons wishing to be heard regarding the Petition to annex the Roches et Hospital property at 2905 South Broadway were present at this time ishing to be heard was Armin Scheurle °and was opposed to this etition. He represented many,people in the area opposed. Wishing to e heard was Dr. Fred Bathke owner and urged the Council to approve th- etition. Having no. --one else that wished to be heard, Allen moved, train second to approve the petition. Ayes (7); Nays'(0). Motion carr, G-1 3owers moved, Solinger second to remove the Project No. 6705-1-79 J 869 anitary Sewer, Watermain , and Service Connections stubbed into the oulevard in Valkyrie Lane N. W. to serve portions of Lot 6, Block 1 nd Lot 1, Block 1', Valhalla First Subdivision from the table. Ayes (7), ays (0). Motion carried. Solinger moved, Allen second to accept this nd run the services into the cul-de-sac and the Public Services D6 t. 'ill heck the plans. Ayes (7), Nays (0). Motion carried. ( Resolution No. 54-79. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. JL2J CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No- 9 - September 5, 1979 Agenda Item An Ordinance Rezoning Certain Property'to R-2 Low. Density Residential F-1 District ( Western Walls Inc. 42 St. and 27th Ave. N. W. ) was given its first reading. F-1 An Ordinance Rezoning Certain Property to M-1 Light Ind. District (A.B. Systems Inc. ) 40 acres U.S. 52 and Hwy 63 .) was given its first reading. =-F-1 An Ordinance Rezoning certain property creating a Planned Unit Dev. known as PUD-R-44 Lots 1 thru 5, Olson's Sub. ( Tanglewood ) was given its first reading. Powers moved, Strain second to suspend the rules and give the 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, and the Ordinance was given its -second reading. Strain moved, Allen.second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 555-79 approving the final plan for Tanglewood - known as PUD-R-44 in Lots 1 thru 5 Olson's Subdivision. Ayes (7), Nays (0). Motion carried. F-1 n Ordinance Rezoning certain property to R-3 Medium Density Residenti 1 District ( Pervin Property/Rochester Villas ) in NW 1/4 of Sec. 7, wp 106N was given its first reading. F-1 n Ordinance Rezoning Certain Property to R-3 Medium Density Residenti 1 District ( Sec-: 15, T 107N, Range 14W (Builders Land Co. 48th St. N. W. etween--l5th and 18th Ave. ) was given its first reading. . . F-1 uffy moved, Larson second to adopt Resolution No. 556-79 approving th and Use Plan change for Builders Land Co. on 48th Street N. W. betwee 5th and 18th Avenue. Ayes (7), Nays.-(0). Motion carried. F-1 n Ordinance Annexing to the City of Rochester, Minnesota 4.3 acres of and in Section 14, Twp 107 N Range 14W ( Rochester Pet Hospital ) was given its first reading. H-1 lowers moved, Allen second to adopt Resolution No. 557-79 to instruct he City Clerk to advertise for bids on Pedestrian Walkway Northeast ide of Marion Road S. E. from 14th Street S. E. to 24th Avenue S. E. ids to be'received on September 26, 1979 at 11:00 A.M.,Ayes (7), ays (0). Motion carried. H-2 Larson moved, Strain second to instruct the Citv Attorney to prepare ;he necessary documents for Eminent Domain proceedings.`on the-Webb .Property and the Sadler Property from the Rochester Methodist Hospital. This would be used for future construction of Central Towers. Ayes (7), Nays (0). Motion carried. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No..9 - September 5, 1979 _ Having no further business, Allen moved, Strain second to adjourn the meeting.Ayes(7), Nays (0). Motion carried. City Clerk Information : - September 5, 1979 1. Minutes from the C.O. W. meeting of August 27., 1979 2. Referred to the Planning and Zoning Commission: 1. Petition for Annexation of N. W. Quarter of the S..E. Quarter of Section 10, Township 106 North, Range 14 West, Olmsted County, Minnesota .