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HomeMy WebLinkAbout10-15-1979RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 1229` Agenda Item CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 13 - October 15, 1979 President Postier called the meeting to order at 7:30 P.M. the follow- ing members being present: President Postier, Aldermen Duffy, Larson, Powers , Solinger and Strain. Absent: Alderman Allen. Alderman Solinger gave the welcome to the citizens attending the Council meeting. The Official Council met at John Adams Junior High School 1525 31st St. N. W. B-11 Hearing on the Petition to Change the Zoning Districtj.hg on 56.5 Gres of land located south of the Minnesota Department of Transporta t roperty from R-1 ( Sing1e Family Residential ) to M-2 ( General Ind- strial ) District. Charles Lance, Attorney for Claude Glatzmeier, innesota Land Developers was present and urged.the Council to approve his change. Having no one else present that wished to be heard, resident Postier closed the hearing. Powers moved, Duffy second to instruct the City Attorney to prepare an Ordinance making the change. yes (6), Nays (0). Motion carried. B-2 Hearing on the Petition:to Change the Zoning District from R-1 (single family residential ) to B-4 ( General Businesss) on the Assemb' f God Church Property located at 1705 Elton Hills Drive N.W. Wishing o be heard was Jim S k, Attorney representing,Ranfranz Funeral Home nd urged the Council to approve this change. Alderman Strain stated hat a PUD would be more desirable . Alderman Solinger also questioned ther types of zoning that could be used instead of B-4. Jim Suk tated that if 'this zone;:change were approved and at any time in the uture the Council wanted to put a more restrictive zone on this roperty, they would not object. Having no one else present that ished to be heard, President Postier closed the hearing.Larson moved, olinger second to approve this change and instruct the City Attorney o prepare an Ordinance making the change :,,Also included was the ntent to initiate rezoning on this property to a more restrictive istrict in the future. Ayes (5), Nays (1). Alderman Strain voting ay. Motion carried. B-3 A Hearing on the Petition to change the Zoning District from R-2 (Low Density Residential) to R-3 (Medium Density Residential ) on a portion on the 1900 Block of 3rd Street S. W. Wishing to be heard was Donald Dickman of 1005 llth Street S. W. and urged the Council to approve this change. Wishing to be.heard was Russell Weinschenk of 417 19th Avenue S. W., Vincent Dingfelder of 302 19th Avenue S. W. Mrs. Evelyn Royce of 228 19th Avenue S. W. All of them urged the Council to deny this. Merit Patterson of 1908 3rd St. S. W. did not see anything wrong with the project that Mr. Dickman is proposing and stated they could have a bigger problem if something else built in the area. Mr. Donald Dickman stated that he never planned to put up 32 units in the area and that on l9th Avenue between 2nd and 3rd the road was built to handle the added traffic this might generate. Alderman Duffy stated that traffic in the area is indeed a problem and in not in favor of the change. Alderman Strain stated that if this area were zoned commercial, it would be worse then multi-famil Having no one else that wished to be heard, President Postier closed on ies 1230 . RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B- 3 B- 5 B- 7 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 13 - October 15, 1979 the hearing. Larson moved, Duffy second..to deny the change. Ayes (5), Nays (1). Alderman Strain voting nay. Motion carried. A Heaftng on the Planning Commission Initiated change of Zoning Districting on 28 acres of land located on the Northeast Quadrant of Trunk Highway 52 and 63 intersection (including Highway Right -of - Way) from R-1 ( Single Familiy Residential ) to B-4 ( General Business ) Hav:i,ng no one present that wished to be heard, President Postier closed the hearing. Powers moved, Strain second to approve the change and instruct the City Attorney to prepare an Ordinance making the change that can be adopted. Ayes (6), Nays (0). Motion carried. A Hearing on the Application for Approval of a Planned Unit Developmel ( Amended Final Plan ) for the development known as Stone Barn Estate- Havj;ng no one present that wished to be heard, President Postier close the hearing. Larson moved, Strain second to approve the plan and instruct the City Attorney to prepare aiiresolution. Ayes (6), Nays (0).. Motion carried. A Hearing on the Application for approval of a Planned L16 t Develop- ment ( Amended Final Plan ) for Valhalla Park Apartments. Wishing to be heard was Al Henderson, Architect for Metro Development and urged the Council to approve this. He stated that he worked together with the Public Services Department and had solved the erosion problem and they have ample parking. Alderman Solinger stated that they built more units and eliminated a parking ramp from the original plan. Alderman Larson stated that he is unhappy with the activities of Metro. Marc Jackson of 640 19th St. N. W. is opposed to the PUD. Cal Jackson of 640 19th Street N. W. is also opposed to the PUD. Having no one else present that wished to be heard, President Postier closed the hearing. Roger Plumb, Public Services Director stated that the plans for drainage was adequate and erosion should not be a problem, and the storm sewer on 19th should be adequate for the design. After discussion by aldermen, Larson moved, Sol:nger second to deny the PUD. Upon Roll Call vote, Aldermen Duffy, Larson and Solinger voted aye. Ayes (3). Aldermen Powers, Strain and President Postier voted nay. Nays (3). Motion did not carry. Strain moved, Powers second to approve the PUD. Upon Roll Callivote, Aldermen Powers Strain and President Postier voted aye. Ayes (3). Aldermen Duffy, Larson and Soli,nger voted nay. Nays (3). Motion did not carry Because of the tie vote, this was tabled until full Council can be present. Hearing on the Proposed Assessments for Project No. 6107-78 J 8607 Sanitary Sewer and Watermain to serve Block 1, Knollwood Acres. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Larson second to adopt Resolution No. 617-79 approv.ing the assessment. Ayes (6), Nays (0). Motion carried. it I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL: CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - October 15, 1979 Agenda Item B-8 A Hearing on the Proposed Assessments for Project No. 7403-1-77 J8565 Grading and'Surfacing and Storm Sewer in North Frontage Road of Cascade Industrial Park Subdivision. Having no one present that wishe to be heard, President Postier closed the hearing. Powers moved, Larson second to adopt Resolution No. 618-79 accepting the assessment Ayes (6), Nays (0). Motion carried. B-9 A Hearing on the Propsoed (Deferred Assessments ) on Project No. 7306- 1-73A ( J 8479 ) Sanitary Sewer and Watermain Extensions to serve Rochester Villas Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 619-79 accepting the assessment Ayes (6),Nays (0). Motion carried. B-10 A Hearing on the Proposed Assessment for Prgj,ect 6016-78 J 8654 Extension of Watermain in the West Service Drive Trunk Highway No. 52 from a point 450 feet North of the Centerline of 14th Street N. W. to a point 960 Feet North of the Centerline of 14th Street N. W. Chuck Richards, Attorney was present and represented Richard Drennan and stated that this property was served and did not think that they should be charged for additional assessments. Aldermen questioned the Public Services Department why the additional charge and Al Toddil stated that the Water Dept. wanted this loop completed because the Fire Dept. requested it. The property benefited and stated that this assessment procedure was done in other cases. Having no one else present that wished to be heard, President Postier closed the hearing Larson moved, Strai:nsecond to adopt Resolution No. 620-79 approving the assessment. Ayes (6), Nays (0). Motion carried. B-11 A Hearing on the Proposed Assessments on Project No. 7306-1-78 J 8622 Grading and Surfacing, Concrete Curb and Gutter and Watermain on 17th Street S. E. in Rochester Villas. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Powers second to adopt Resolution No. 621-79 accepting the assessmen Ayes (6), Nays (0). Motion carried. B-12 A Hearing on the Proposed Deferred Assessments on Project No. 6453 64A Construction of a Sanitary Sewer and Watermain in North Skyline Drive and West Frontage Road of T.H. 52 to Lot 55 North Sunnyslopes. J 8065. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Powers second to adopt Res- olution No. 622-79 accepting the assessment. Ayes (6), Nays (0). Motion carried: B-13 ',A Hearing on the Final Plat Pennington Business Park Third Subdivisioi HaV.i6g;no one present that wished to be heard, President Postier closed the hearing. Larson moved, Solinger second to adopt Resolution No. 623-79 approving the plat. Ayes (6), Nays (0). Motion Carried. B-14 Hearing on the Final Plat of Moehnke's First Subdivision. Having no one present that wished to be heard, President Postier closed :s . 1232 Agenda Item B-14 B-15 C-1 C-2 D=1 E-1 E-2 E-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No 13 - October 15, 1979 the hearing. Larson moved, Solinger second to adopt Resol;uti,on No. 624-79 approving the plat. Ayes (6), Nays;(0 ). Motion carried. This resolution was subject to the condition that access onto 18th Avenue N. W. would be allowed only until such time in the future tha access is available from yet to be developed local streets in the ar at which time it will be abandoned. A Hearing on the Federal Transit Operating.assistance for the year 1977. Having no one present that wished to -be heard, President Posti closed the hearing. Powers moved, Strain second to adopt Resolution No. 625-79 authorizing the Mayor and City Clerk to execute and file the application and assurances; and authorize the Public Services Department staff to furnish such additional information as may be required. Ayes (6), Nays (0). Motion carried Powers moved, Duffy second to approve the following appointment,:to the Rochester Fire Department:(Richard Lovett effective Tuesday, October 16, 1979 ( Temporary Employment ). Ayes (6), Nays (0). Motion carried. Strain moved, Larson second to approve the following appointments to the Rochester Police Department: James A: Pittenger of 13225 Rever. Lane Champlin, Minnesota and Mark Zollinger of 3523 21st Avenue N. W. Apt"# 1 Rochester, Minnesota These are effective November 1, 1979. Ayes (6), Nays (0). Motion carried. Duffy moved, Powers second to adopt Resolution No. 626-79 referring the petition for Sanitary Sewer to serve Lot 1, Block 1 Pennington Business Park III to the Public Services Department for a feasibili study.Ayes (6), Nays (0). Motion carried. Solinger moved, Larson second to adopt Resolution No. 627-79 authori ing the acceptance and execution of the Grant Award ( Federal ) for the Wastewater Treatment Plant Construction/Step 3. This is in the amount of $38;829,375. Ayes (6), Nays (0). Motion carried. Clair Seibert of the Rochester Public Utility Board was present and spoke to the proposed Charter Amendment increasing the Public Utility Board membership from 5 to 7. He was opposed to this. He stated that it is difficult to get people together. Alderman Strain who represents the Council on the Board stated that the Board members agree that the number should be left at 5, but speaking for himself he would like to see the number increased to 7. Larson moved, Strain second to instruct the City Attorney to prepare an Ordinance setting a hearing on the matter. Ayes (6), Nays (0). Motion carried. Alderman Duffy left the Council meeting - 8:40 P.M. Powers moved, Solinger second to enact a prohibition along the lines of unsanitary conditions associated with keeping of dogs and cats. The City Attorney was instructed to prepare an ordinance against such unsanitary conditions. Ayes (5), Nays (0). Motion ca.rri,ed. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 13 - October 15, Agenda Item COUNCIL 1979 E-4' Strain moved, Powers second to approve the extension of the. --Phase I Agreement between the City of Rochester and Mr. Jack Holt for the Campbell Hotel Project. Ayes (5), Nays (0). Motion carried. E-5 arson moved, Strain second to approve the payment of $15,942.20 to McGhie and Betts and $96,682.52 to Allstate Paving Company for work completed on Runway 2-20 and approve the execution of change order No 1 to Allstate Paving Company. Ayes (5), Nays (0). Motion Carried. E-6 Larson moved, Solinger second to authorize the payment of $10,580.22 to Miller - Dunwiddie Architects, Inc. for services performed in connection with construction of the Central Baggage Claim area at the Rochester Municipal Airport. Ayes (5), Nays (0). Motion carried. E-7 Larson moved:; Powers second to deny the application received from Marlene M. Ruehmann for Off -Sale Beer 3.2 for Happy Dan's Spur Station 704 North Broadway. Ayes (4). Nays (1). Alderman Strain votin nay. Motion carried. Powers moved, Solinger second to approve the application for a Garage Moving permit received from Kertis D. Stensr d from 843 7th Avenue S. W. to 23 4th Avenue N. W. Ayes (5), Nays (0). Motion carried. E-8 Larson moved, Strain second to adopt Resolution No. 628-79 authorizin the City Clerk to advertise for bids for five replacement patrol cars for the Rochester Police Department. Bids to be opened at 11:00 A.M. on October 30, 1979. Ayes (5), Nays (0). Motion carried. E-9 Powers moved, Solinger second to adopt Resolution No. 629-79 authoriz- ing the City:;Clerk to advertise for bids a 3/4 ton pickup truck for the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on Oct. 30, 1979. Ayes (5), Nays (0). Motion carried. E-10 Larson moved, Strain second to adopt Resolution No. 630-79 authorizin the City Clerk to advertise for bids for renting heavy equipment for the construction of Cell 4, Section 1. and Clay covering of Cells 1,2, and 3 at the City Landvill. Bids to be opened at 11:00 A.'M. on October 30, 1979. Ayes (5), Nays (0). Motion carried. E-11 Solinger moved, Larson second to approve the Accounts.Payable in the amount of $1,026.,226.67 ( semi monthly ) Ayes (5),.Nays (0). Motion carried. E-12 Powers moved, Larson second to approve the maternity leave for Phillis Wilson of the Public Library from December 1, 1979 to Februar 1, 1980. Ayes (5), Nays (0). Motion carried. E-13 Strain moved, Powers second to adopt Resolution No. 631-79 approving the agreement between the City and the Rochester Inspector's Association pertaining to mileage allowance. Ayes (5), Nays (0). Motion carried. E-14 Powers moved, Larson second to adopt Resolution No. 632-79 approving 1233 Agenda Item E-14 E-15 E-16 E-17 E-18 E-19 E-20 E-21 E-22 E-23 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Adjourned Meeting No. 13 OF THE COMMON COUNCIL M I N N ESOTA - October 15,' 1979 the updating of the City's Personnel Policy covering Seniority, Re- assignment, Transfer and Promotions, Demotions, Working Hours and Ove time Pay and Mileage. Ayes (5), Nays (0). Motion carried. Solinger moved, Powers second to approve the Subdivision Variance No. 79-3 by Builders Land Company regarding the metes and bounds subdivis of Lots in Fierkes Subdivision . This.is subject to the condition tha when the location of the Circle Drive -is resolved; -the-, owners will- - replat the subject Property. -Resolution No...632A-79..Ayes (5), Nays (0), Motion carried. Larson moved, Powers second to amend the Urban and Rural Service Dis- tricts Map and instruct the City Attorney to prepare the necessary le documents for adoption. Ayes (5), Nays (0). Motion carried. Solinger moved, Larson second to adopt Resolution No. 633-79 adding paragraph 12.3 Section I, Parking Meters to read - Second Street S. W. on the North side 23 feet more or less in front of the premises known ss 1131 Second St. S. W. this is for 12 minute meters. Ayes (5), Nays (0). Motion carried. Larson moved, Strain second to adopt Resolution No. 634-79 approving various loading zones at the Mayo Clinic. Ayes (4), Nays (0). Motion carried. Alderman Powers abstained. Larson moved, Solinger second to adopt Resolution No. 635-79 awarding the low bid of $832,226-.80 for Project No. 6220-2-78 J 8580 S.P. 159- 125-01 to Doyle Conner Company and recommend that the Commissioner of Highways act as agent for the City. Ayes (5), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 636-79 approvin the proposal for Engineering Services by Yaggy Associates for Project No. 6706-3-79 J 8704 Grading and Surfacing, Curb and Gutter in Frontage Road Pen6iington Business Park III Subdivision. Ayes (5), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 637-79 awarding the low bid of $19,476.00 to Floyd Larson Construction Company on Project No. 7906-J 8691 Extension of Sanitary Sewer and Watermain from 16th Avenue N. W. at 5th St. N. W. to serve U-Haul Property on Lot 9, Auditor's Plat "D". Ayes (5), Nays (q). Motion carried. Solinger moved, Larson second to award the low bid of $318,564.00 of H.S. Dresser, Winona, Minnesota on Project No. 6207-4-75 J 4940 S.P. 159-050-04 Construction of Bridge 55529 over Cascade Creek and recommend the Commissioner of Highways act as agent for the City. Ayes (5), Nays (0). Motion carried. Powers moved, Larson second to adopt Resolution No. 639-79 awarding the low bid of $100,596.05 to Doyle Conner Company for Project No. 6207-4-75 J 4701 S.A.P. 159-050-05 Concrete Bridge approaches on on 1 I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1235 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 13 - October 15, 1979 Agenda Item E-23 �7th Street N. W. from 6th to 7th Avenue N. W. Ayes (5), Nays (0). Motion carried. E-24 Strain moved, Larson second to.adopt Resolution No. 640-79 deleting paragraph (73) of Section B, No Parking Zones. Ayes (5), Nays (0). Motion carried. E-25 Larson moved, Strain second to adopt Resolution No. 641-79 adding pari graph (252) Section B No Parking Zones to read: East Frontage T.H. 52 North, on both sides, from 22nd Street N. W. to 33rd St. N. W. at all times. Ayes (5), Nays (0). Motion carried. E-26 Strain moved, Powers second to adgDt. Resolution No. 642-79 deleting paragraph (4). of Section D Truck Loading Zones. Ayes (5), Nays (0). Motion carried. E-27 Powers moved, Strain second to authorize the City Attorney to initia eminent domain proceedings to acquire either street right-of-way or sewer and watermain easements over property owned by Irving Spigel a John Roerish including the street right-of-way. Ayes (5), Nays (0). Motion carried. E-28 Larson moved, Solinger second to adopt Resolution No. 643-79 authorizing the execution of a lease agreement for the Police Department pertaini g to the leasing of certain parking space by the City with the Rocheste Church of Christ at $200.00 per month. Ayes (5), Nays (0). Motion carried. / F-1 An Ordinance Rezoning certain property to M-2 General Industrial Business ( Minnesota Land Development = 41st St. N. W. and T.H. 52 was given its first reading. F-1 An Ordinance Rezoning property to B-4 General Business District Ranfranz Property )1705 Elton Hills Drive was given its.first reading. F-1 An Ordinance Rezoning certain property to B-4 General Business District NW Corner of TH 52 and 63 was given its first reading. F-1 Strain moved, Solinger second to adopt Resolution No. 644-79 approvin a PUD ( Amendment ) to Stone Barn Estates. Ayes (5), Nays(0) . Motion carried. F-1 Strain moved, Powers second to adopt Resolution No. 645-79 approving a resolution of the Public Utility Board approving an amendment No. 2 adding a contingency fund of $10,000.00 to increase the baghouse conti amount to $1,485,295.00. Ayes (5), Nays (0). Motion carried. F-1 Powers moved, Larson second to adopt Resolution No. 646-79 approving an owner contract with Yaggy Associates for Grading and Surfacing, Curb and Gutter in the Frontage Road across Lot 1, Block 1 Pennington Business Park III Subdivision - J.H. Motors, Inc. Ayes (5), Nays (0). Motion carried. ct 1236 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 13 - October 15, 1979 Agenda Item Having no further business, Larson moved, Powers second to adjourn the meeting. Ayes (5), Nays (0). Motion carried. City Clerk Information - October 15, 1979. 1. Petition from S.E. Property Owners Concerning the Landscaping at 955 19th Street S. E. ( Ref. to Public Services and Planning for Review and Comments ). 2. Claim for Damages, Darrell Ray, Minneapolis, ( Ref. to Attorney Insurance. 3. Letter from Housing and Redevelopment Authority re: Residential Mortgage Bonds. 4. Referred to Planning and Zoning Dept. a. Petition to annex 37.25 acres in Rochester Townshiio,)( Karl Schuller }.