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HomeMy WebLinkAbout11-19-19791246 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 - November 19, 1979 Agenda Item A-1 President Postier called the 'meeting to order at\7:30 P.M., the following member..ssbeing present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None Powers moved, Strain second to approve the minutes of the November 5, 1979 meeting . Ayes (7), Nays (0). Motion carried. B-1 A Hearing on the Petition to change the Zoning Districting from Commur ity Development Project R"4 Madonna Towers to B-4 ( General Commercial Lot 2, Block 3, Silver Acres Subdivision. Terry Maus, Attorney on behalf of the petitioners was present and urged the Council to table this decision until December 3, 1979. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Allen second to table this until the December 3, 1979 meeting. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Petition to change the Zoning District from M-lFF to B-4FF on Property located at 1605 and 1617 5th Street N. W. Wishing to be heard was Terry Maus, Attorney for the petitioner. Mr. Maus urged the Council to approve the change. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Powers second to approve the petition and instruct .the City Attorney to prepare an Ordinance making this change and recommend to the Planning Department to update the map. Ayes (7), Nays (0). Motion carried. 0-1 Larson moved, Duffy second to set a hearing date for considering the Amendment on Community Development Funds on December 3, 1979. Ayes (7), Nays (0). Motion carried. D-1 Residents on 19th Street S. E. wished to be heard regarding the landscaping at 955 19th Street S. E. Wishing to be heard was Mr. Tom Bice of 951 19th Street S. E. and was concerned about the condit- ion of the yard and the boulevard. He said it was a trap for bugs in the summer and had cables lying on top of the ground and was dangerous for people 7: President Postier stated that the City of Rochester:,has an Ordinance governing the boulevard, but not against private property Alderman Duffy suggested that the Health Department may have input to the problem with bugs. Linda Callagno of 936 19th St. S. E. wished to be heard and was concerned about the safety for the childrer and the cables in the back yard. Aldermen Solinger and Strain were concerned about;: the problem . Alderman Strain urged the Planning Department to review the situation. Mayor Hazama stated that he had been out to visit with the people living at 955 19th St. S. E. and stated that the residents of the neighborhood were not cooperative in helping these people and they felt rejected. David Drell of 959 19th St. S. E. stated that he offered to mow the boulevard and help them, but they would not respond to his offer. Approximately 24 peopl were in the audience concerned about`th:i,ssproblem. Allen moved, Powers second to instruct the citizens of 955 19th Street S. E. to change the appearance of the boulevard. Ayes (7), Nays (0). Motion carried. r� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting - 17 - November 19, 1979 Agenda Item D-2 President Postier read a resolution commending Gerald.Swanson'"form.the excellent job he did while acting in the capacity of City Attorney for the City of Rochester. Mr. Swanson was the City Attorney for the past eleven years and was the first full time City Attorney the City of Rochester employed. A Standing ovation was given Mr. Swanson. The City of Rochester will miss him. E:l Strain moved, Larson second to adopt Resolution No. 669-79 awarding the bid of $1,708,030.00 to North. Central Underground for Project No. 4862-7200-2-76 S.E. Trunkline Sanitary Sewer:rand Trunkl,ne Watermain from 7th St. N. E. at 14th Ave to the North Line of the NE 1/4 Section 12, Rochester Township. T.h!is motion includes the transfer of $8,290 from J 1994 - Future Construction Account. Ayes (7) Nays (0). Motion carried. E-2 Solinger moved, Powers second to approve the purchase of the property', at 103 Third Street S. E. in the amount of $20,000. for the property $1,204. for the taxes and $5,000 for estimated demolition. and direct'd the City Attorney to prepare the necessary documents for this purchase. Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Strain second to adopt Resolutions No. 670-79, 671-79 672-79 and 673-79 authorizing the Mayor to execute and file the following for submission of applications for state funding of parkland and or development or acquision: 1. Acquisition and dev. of Zumbro Park North. Total project is $130,000. This involves 45 acres.; 2. Essex Park Development. Total cost is estimated at $100,000.; 3. Bear Creek Development. Total cost is estimated at $8,000.; 4. Zumbro Park South Development. Total cost is estimated at $10,000. Ayes (7), Nays (0). Motion carried. E-4 No Action was taken on the 1979 ZIPS Dial -A -Ride Budget. E-5 Strain moved, Duffy second to approve -,:the setting of a public hearing on the Tax Exempt financing of the Phase I agreement for the Campbell Hotel Project. Ayes (7), Nays (0). Motion carried. Powers moved, Solinger second to grant a 120 day extension on the Phase I agreement for the Campbell Hotel Project. Ayes (7), Nays (0). Motion carried. E-6 Duffy moved, Strain second to approve the On -Sale Intoxicating Liquor License for Le Bistro, Inc. to be located at 416 South Broadway (Sadler Building ). Ayes (6),Nays (1). Alderman Allen voted nay. lotion carried. E-7 arson moved, Solinger second to approve the semi-monthly accounts ayable in the amount of $1,573,898.24 (list attached). Ayes (7), ays (0). Motiion carried. E-8 Strain moved, Larson second to approve the petition to annex 37.25 acres of vacant land found along the south side of T.H. 52, one quarte f a mile east of Highway 63 South. Ayes (7), Nays�(0). Motion carrie . 1247 1248 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No 17 - November 19, 1079 Agenda Item E-9 E-10 E-11 E-12 E-13 F-1 F-1 F-1 F-1 Larson moved, Strain second to adopt Resolution No. 674-79 ordering a feasibility report on extension of East Frontage Highway 52 to 41st St. N. W. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 675-79 and 676-79 declaring the cost to be assessed and ordering a public hearing for Project No. 6308-4-78 J 8671 Concrete Curb and Gutter and driveway approaches on 8th Avenue N.N. from llth St. to 12th St. N. W. Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to approve the following licenses and bonds: Application for auctioneer libense received from Bret D.Oelke of Winnebago, Minnesota. Bond in the amount of $500.00 has been receeved. Application received from Jechiel Barzilay, ABC Warehousing Co. Northridge California Bond has been received in the amount of $500.00. Ayes (7), Nays (0). Motion carried. Powers moved, Duffy second to approve the request for a leave of absence for Helen Marble from January 1, 1980 until March 31, 1980. Ayes (7), Nays (0). Motion carried. Duffy moved, Allen second to approve the petition to vacate a right- of-way easement located in Block 40, Head and McMahon's Addition to Rochester and instruct the City Attorney*.to prepare a resolution vacating the alley. Ayes (7), Nays (0). Motion carried. Duffy moved, Solinger second to adopt Resolution No. 677-79 approving a contract with Kirkham Michael and Wallace, Holland Kastler and Schmitz, Joint Venture for engineering services for the Step III of the Waste Water Treatment Plant. maximum chargeable amount is $1,506,114.88. Ayes (7), Nays (0). Motion carried. An Ordinance Annexing to the -City of Rochester 38.02 acres of land (A.B. Systems) in the NW 1./4''of NW 1/4 of Sec. 24-, T 106N R 14W was given its first reading., -.Powers moved, Strain second to suspend the rules and give;,this Ordinance a second reading. Upon Roll call vote, Alderman Duffy voted nay.Motion not carried. The Ordinance was given its first reading. Allen moved, Strain second to adopt Resolution No. 678-79 setting a hearing date for January 7, 1980 on the vacation of the west 164 1/2 feet of the east=west right-of-way easement for a public alley in Block 40, Head and McMahon's Addition. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning property to B-4 General Business District located at 1605 & 1607 5th St. N. W. was given its first reading F-1 Strain moved, Al.ien second to adopt Resoluion No. 679-79 approving a resolution of the Public Utility Board approving an Amendment No. 1 to the purchase order agreement with Moorhead Machinery and Boiler Company. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL IZ49 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 - November 19, 1979 Agenda Item F-1 Allen moved, Strain second to adopt Resolution No. 680-79 approving a resolution of the Public Utility Board approving an amendment to the purchase order agreement with United Electric. Ayes (7), Nays (0). Motion carried. F-1 Duffy moved, Larson second to adopt Resolution No. 681-79 approving a resolution of the Public Utility Board to enter into a purchase agreement with Badger Meter, Inc. for one years supply of water meters at a cost not to exceed $33,925.30. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, Sol°inger second to adopt Resolution No. 682-79 approvinc a resolution of the Public Utility Baord to enter into a purchase order agreement with Westinghouse Electric Supply Co. for relay panels -IBM Substation at a cost of not.to exceed $41,200.00. Ayes (7), Nays (0). Motion carried. F-1 Powers moved, Allen second to adopt Resolution No. 683-79 approving an owner contract with McGhie and Betts, Inc. for Watermain Extension through the'Hylands from Charles Court N. W. to 30th Avenue N. W. (Chafoulias Companies, Inc. ). Ayes,(7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property to B-4 General Business District in NE 1/4 of the NE 1/4 of Section 23, T106N Range 14W. (Corner of TH 63 and HWY 52 28th;5Ave. NE. was given its second reading. 28 Acres. Allen moved,Duffy Second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Property to M-2 General Industrial District ( Minnesota Land Development ) 41st St. N. W. and TH 52 56.5 acres was given its second reading. Strain moved, Powers second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to the Charter of the City of Rochester, and the Public Utility Board; increasing the size, and quorum of the Board Amending Section 147, 148 and 150 was tabled upon motion by Allen second by Duffy. Ayes (7), Nays (0). Motion carried. F-1 Larson moved,Allen second to adopt Resolution No. 684-79 updating the Parking Resolution of the City of Rochester. Ayes'(7), Nays (0). Motion carried. G-1 Powers moved, Strain second to remove the application for approval of a Planned Unit Development ( Amended Final Plan ) for Valhalla Park Apartments from the table. Ayes (7), Nays (0). Motion carried. Olinger moved, Larson second to deny the project. Upon Roll Call vote, Aldermen Allen, Duffy, Larson and Solinger voted aye. Ayes (4), ldermen Powers, Strain and President Postier voted nay. Nays (3). lotion carried. Project denied. G-2 Strain moved, Duffy second to approve the following appointments by 1250 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 17 - November 19, Agenda Item G-2 G-3 H-1 COUNCIL 1979 the Mayor to the Music Board:.Linda Boman -AT LARGE- 911 Homestead Lane - Robert Scoggin - At Large - 3938 3rd Street N. W. - Fourth Ward - JoAnne Pieper of 1506 Damon Court S. E. Ms. Pieper's,_term-M ll expire January 1982, and Linda Boman =s_,termnwfltl expire January 1982 and Mr. Scoggin's term Oill expire January, 1981. Ayes (7), Nays (0) Motion carried. Powers moved, Duffy second to approve the appointment of the Business Manager of the Music Department of the City of Rochester, Minnesota of Marianne Segura at an annual salary of $12,000. The Council approl the compensation for the above referenced•Business Manager position, however, the Music Board should be put on notice that the Council expects the position to substantially improve the Music Department',§ financial condition.:jA special review of the effect of this position on the department':§ financial condition will be conducted at the time 1981 budget requests are being considered. Ayes (7), Nays (0). Motion carried. Larson moved, Powers second to reaffirm the Ordinance regarding the licensing and franchise of LimoUsAmegservice in the City of Rochester, Ayes (6), Nays (1). Alderman Duffy voting nay. Motion carried. Having no further business, Powers moved, Larson second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. City Clerk Information - November 19, 1979 1. Appeal frdm special assessment - Richard and Jane Dreuman. 2. Claim for Damages, Estafana R. Johnson. 11