HomeMy WebLinkAbout12-03-1979LJ
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Maatinn Na 18 - December 8,-1979
Agenda
Item
A-1 President Postier called the meeting to order at 2:00 P.M., the follow-
ing members being present: President Postier, Aldermen Allen, Duffy,
Larson, Powers, Solinger and Strain. Absent: None. Alderman Larson
arrived at 2:05 P.M.
Strain moved, Allen second to approve the minutes of the November 15,
and November 19, 1979 meeting . Ayes (6), Nays (0). Motion carried.
D-1 Duffy moved, Strain second to adopt Resolution No. 685-79 referring
the petition for extension of frontage road on the north side of
T.H. 14 West to the Seehusen Industrial Park to the Public Services
Department for a feasibility report, and Resolution No. 686-79 referr-
ing the petition for bas:i�c Improvements in 20th Avenue S. E., abutting
Villa Meadows Subdivision North of 17th Street S. E. to the Public
Services Department for a feasibility report. Ayes (6), Nays (0).
Motion carried.
Alderman Larson arrived - 2:05 P.M.
D-2 Mrs. Walter Saber of 955 19th St. S. E. wished to be heard..Mrs_. .
Saber u,ged, the Council to allow her -the privilege of having an
asphalt boulevard. Mrs. Saber stated that she``;had,been given verbal
permi scion, from �.the� Di rector of -Pub .1 "Servi,ces -and : Al derman; Strain.
After considerable;dia cuss-ion`=thetCounci1,�decided hot .to"r`escind their
earlier deci "s i on� reques_,ti ng' Mrs,.'- Sabor to. remove the asphal t and, to
either sod or`- seed' tier boulevard wi thgrass . ' r':�
E-1 Allen moved, Powers second to authorize the transfer of $27,000. from
he Sewer Utility Fund to the Public Utility Fund for the purposes of
providing property for'the Water Reclamation Plant expansion. Ayes
(7), Nays (0). Motion carried.
E-2 arson moved, Strain second to instruct the City Attorney's office to
raft a formal agreement pertaining to the right'of the City to act
s agent for Dr. and Mrs. Eugene B. Kern of 1708 Viola Road N. E.
forthe right of the City to act as Kern.'s agent in seeking.annexatzi;on.
r. Roger Plumb, City Public Services Dept. stated that the sewer was
n, but the assessment hearing had not been held as yet. The motion
ncluded the agreement,for_ annexation and assessment.:;Ayes;,.(:7), Nays
0). Motion carried.
E-3 Solinger moved,, Allen second to adopt Resolution No. 687-*79 amending
he Phase II Agreement between the City and the Developer known as
Atrium Associates, Incorporation the terms and conditions. Ayes (7),
Nays (0). Motion carried.
E-4 Duffy moved, Larson second to adopt Resolution No. 688-79 setting the
date for a hearing on January 7, 1980 on the Development of the Depot
House for tax exempt financing. Ayes (7), Nays (0). Motion carried.
JL251
2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - December 3, 1979.
Agenda
Item
E-4 Allen moved, Strain second to adopt Resolution No. 689-79 setting
a hearing date for January 7, 1980 on the proposal to issue Revenue
Bonds ( Indust-%riil Development ) for the Campbell Hotel Project.
Ayes (7), Nays (0). Motion carried.
E-5 Powers moved, Duffy second to adopt Resolution No. 690-79 approving
the division of Special Assessments attributed to Innsbruck Five
for J 8475 N.W. Trunkline Sanitary Sewer. Ayes (7), Nays (0).
Motion carried.
E-6 Allen moved, Powers second to approve the following licenses and bonds
Application received from James Mahoney 1854 38th Street N.W. to
connect Sewers and Drains for the remainder of 1979. A bondiin the
amount of $1,000. has been received. Applications as follows for the
renewal of Annual Gambling Licenses- Fraternal Order of Eagles #2228,
Rochester Elks # 1091, Moose Lodge, and V.F.W. Post 1215. Ayes (7),
Nays (0). Motion carried. Allen moved, Powers second to authorize the
City Clerk?s office to write a letter containing the following stateme
" The City does not consider a double penalty on bonds for the over-
lapping period. This is caused by an Ordinance change in February of
1979. Most of the licenses issued.by the City were dated April 1 to
April 1. The new date is December 31, and thus caused overlapping of
insurance. Ayes (7.), Nays (0). Motion carried. Strain moved, Powers
second to approve the Dance Permit to be held on December 31, 1979
at the Mayo Civic Auditorium for Thomas Milander. Ayes (7), Nays (0).
Motion carried.
E-7 Larson moved, Solinger second to approve the Accounts Payable (semi
monthly ) inthe amount of $487,215.86. List attached. Ayes (7),
Nays (0). Motion carried.
E78 Solinger moved, Strain second to approve the proposed street name
changes for Villa Meadows Subdivisionc.and instruct the City Attorney
to prepare an Ordinance making the changes. Ayes (7), Nays (0). Motion
carried.
E-9 Duffy moved, Larson second to order a public hearing for the Thorough-
fare plan Amendment recommending that the portion of East Circle Drive
between U.S. Highway 14 and Marion Road be delted from the thoroughfar
plan. The public hearing will be held(;on January 7, 1980. Ayes (7),
Nays (0). Motion carried.
E-10 Powers moved, Solinger second to adopt the prepared Resolution No.
691-79 amending the City/RCL Transit Agreement for 1979 as follows:
1. The total operating deficit as described in 2(a) from $155,973.00
to $184,053.00. 2. Amend the maximum monthly payment in 2(a) from
$15,597.30.to $18,405.30. Ayes (7), Nays (0). Motion carried.
'E=11 Strain moved, Duffy second to instruct the Traffic Egnineer to.install
stop signs for south bound 19th Ave. at Valleyhigh Dr. N.W. and
retain the stop sign for east bound Valleyhigh Drive and install
t:
I
E
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - December 3, 1979
Agenda
Item
E-11 a "Stop ahead" sign on Valleyhigh Drive approx. 600' west of 19th
Avenue N. W. Ayes (7), Nays (0). Motion carried.
E-12 Duffy moved, Powers second to instruct the City Attorney to prepare
a resolution amending the Parking Ordinance to read: (220.5) 16th
Avenue N. W. on both sides from 48th to 50th Street at all times:.
and (260.0) 50th Street N. W. on both sides from 18th Avenue to the
east line of Innsbruck Five Subdivision at all times. Ayes (7), Nays
(0). Motion carried.
E-13 Powers moved, Solinger second to authorize approval of the Supplemen
Agreement No. 6 for Project No. 7703-Part IV Northwest Service Area
Reservoir subtracting $4,000.00 from the Original amount making a
new total of $436,525.52. Ayes (7), Nays (0). Motion carried.
>'E-14 Allen moved, Duffy second to approve Supplemental Agreement No. 1
for Project No. 6222-4-78 Hendricks Replat increas!6g the contract
by $2,400.00 for additional work done. Ayes (7), Nays (0). Motion
carried.
E-15 Powers moved, Strain second to approve the following payment of
estimates for -the Rochester Municipal Airport. I. Miller Dunwiddie -
$14,416.89; Architectural fees for Central Baggage Claim Addition.
2. Milker-Dunwiddie for services Hangar A Reroofing $2,235.62;
3. Alpek - $26,687.62 for Roofing Hangar A, 4. Alvin E. Benike -
$6,500. Insulation of Offices, Hangar B. Ayes (7), Nays (0). Motion
carried.
E-16
Strain moved, Powers second to approve the Airport Commission request
for the Mayor and City Clerk to execute contract documents upon
approval of the contract by the City Attorneys office to approve a
contract with the.934th Tactical Air Lift in the amount of $5,000.
for touchdown'at the Rochester Airport as part of the training procedu
Ayes (7), Nays (0). Motion carried.
E-17
Duffy moved, Strain second to approve the application for funding -
1980 Taxiway Overlay - Rochester Airport. the project is projected
to cost $475,000.00= Local share of the project will be 10%.Ayes (7)
Nays (0). Motion carried.
E2.19
Allen moved, Powers second to adopt Resolution No. 692-79 approving
the Electrical Rate increase effective January 1, 1980 and classifying
customer for billing purposes. Ayes (7), Nays (0). Motion carried.
G-1
Strain moved, Duffy second to remove the Petition to change the Zoning
istrict from Community Development Project R-4 Madonna Towers to B-4
(General Commercial
) on Lot 2, Block 3, Silver Acres Subdivision from
he table. Solinger moved, Duffy second to table this indefinitely.
yes (7), Nays (0). Motion carried.
1.254
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - December 3, 1979
Agenda
Item
H-1 Larson moved, Powers second to appoint Mr. Kenneth Moeh, Attorney
in the City Attorneys Office to Acting City Attorney at a salary of
$2,500.00 per month. This is effective until the position is filled
or 3 months which ever comes first. Ayes (7), Nays (0). Motion
carried.
F-1 An Ordinance Changfrg the names of certain Streets and Avenues dedicate
in Villa Meadows Subdivision, Rochester, Minnesota; amending Rochester
Code of Ordinances Section 75.01 was given its first reading.
F-1 Allen moved, Strain second to adopt Resolution No. 693-79 approving
a resolution of the Public Utility Board approving a purchase order
with Leeds and Northrup Co. for Remote Terminal Unit -IBM Substatd.-on
at a --cost of $22,801.00. Ayes (7),.Nays (0). Motion Carried.
F-1 Duffy moved, Larson second to adopt Resolution No. 694-79 approving
the Parking zones amending ROC (260.0) 50th Street:N. W. on both
sides from 18th Avenue to the east line of Innsbruck Five Subdivision
at all times. Ayes (7), Nays (0). Motion carried.
F-1 Solinger moved, Larson second to adopt Resolution No. 695-79 approvinc
the Parking Ordinance Section B - (220.5) 16th Avenue N. W.on both
sides from 48th to 50th Street at all times. Ayes (7), Nays (0)'.
Motion carried.
F-1 An Ordinance Relating to Traffic and Parking regulations; designating
the Penalty for Violation of the Traffic and Parking Regulations;
amending Rochester Code of Ordinances by adding Section 130.06 was
given its second reading. Powers moved, Solinger second to adopt the
Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Amending Ordinance No. 1466 Establishing within the City
of Rochester an Urban Service District and a Retail Service District
as Separate Taxing Districts was given its second reading. Larson mov
Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance Regulating the Keeping of Dogs, Cats, and Other animals
imposing penalties for violations; amending Rochester Code of Ordinanc(
Section 106.18 was given its second reading. Solinger moved, Powers
second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
ving no further business, Allen moved, Larson second to adjourn the
eting until 7:30 P.M. Ayes (7), Nays (0), Motion carried..
A-1 President Postier called the meeting •to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Duffy, Larson, Powers Solinger,�and�Strain. Absent: None.
B-1 A Hearing on the Request to Reprogram CDBG for the Senior Citizen's
Center. Having no one present that wished to be heard, President
I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
I
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - December 3, 1979
Agenda
Item
B-1 Postier closed the hearing, Solinger moved, Duffy second to proceed
with the reprogramming by allocating the Senior Citizens Center
$113,500. to complete the reconstruction of the former National Guard
Armory Building. Ayes (7), Nays (0.). Motion carried.
B-2 A Hearing on the Council's initiating Sanitary Sewer and Watermain
in East River Road and 23rd St. N. E. J 8712. Mike Paulus of 2330
East River,Road was present and wanted to know what was involved in
the project. Mr. Roger Plumb, Public Services Director explained the
Project to him. Mr. Vernon Grover of 314 23rd St. N. E., Frank Brown
of 312 23rd St. N. E. Alfred Anderson of 2311 East River Road were
opposed to the project. MR. Jim Cannady of 2310 East River Road was
in favor of the project. Having no one else present that wished to
be heard, President Postier closed:::the hearing. Larson moved, Powers
second to proceed with the project. Upon Roll Call vote, Aldermen
Duffy, Larson, Powers and President Postier voted aye. Ayes (4),
Aldermen Allen, Solinger and Strain voted nay. Nays (3). Because 6/7
vote was needed, the motion did not carry.
B-3 A Hearing on the Amended Petition to change the Zoning District from
R-2 to B-la at the Southwest corner of 21st Street S. W. and the froni
.Road of South Broadway. Wishing to be heard was William Voelker
representing the petitioner and urged the Council to approve this.
Earl Meredith of 201 22nd St. S. W. was present and'wascopposed to
this project. Don Anderson, petitioner 823 Memorial Parkway was
present and urged the Council to approve the project. Having no
one else present that wished to be heard, President Postier closed
the hearing. After discussion by the Council, Strain moved, Duffy
second to deny the pet,itl6n. Upon Roll call vote, Aldermen Duffy
and Strain voted aye. Ayes (2), Aldermen Allen, Larson, Powers
Solinger and President Postier voted nay. Nays (5). Motion did not
carry. Allen moved, Powers second for approval with a 10 foot side-
walk on the East side of the property. It was noted from the developer
that they have no intention of excavating the property. Upon Roll
call vote, Aldermen Allen, Larson, Powers, Solinger and President
Postier voted aye. Ayes (5), Aldermen Duffy and Strain voted nay.
Nays (2), Motion carried.
B-4 A Hearing on the.Application for approval of a Planned Unit Develop-
ment # 79-13 ( Concept Statement ) located at the Southeast Corner
of 56th Street and 28th Avenue N. E. Wishing to be heard was Jim
aronde applicant and urged the Council to approve the project.
Having no one else present that wished to be heard, President Postier
losed the hearing. Solinger moved, Strain second to approve the
oncept statement. Ayes (7), Nays (0). Motion carried.
B-5 Hearing on the Special Assessments'(proposed assessments ) on
roject No. 6308-4-78 J 8671 Concrete Curb and Gutter and driveway
approaches on 8th Avenue N. W. from llth St. to 12th St. N. W.
aving no one present that wished to be heard, President Postier
losed'the hearing. Allen moved, Larson second to adopt the prepared
ge
1256
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
C=
G-1
H-1
M.
Resolution No. 696-79 accepting the assessments. Ayes (6) Nays (1).
Alderman Strain voting nay. Motion carried.
Howard Winholtz of the Rochester Methodist Hospital was present and
urged the Council not to proceed with the land acquistion of property
located at Lots 9,10,11, and 12 of Block 51 Original Plat. The
Request was to change the zoning from PUD-I-10 to B-3 of property
owned by the Methodist Hospital known as the Webb Property. Larson
moved, Allen second to reconsider the actionasof the Council to condem
the property. Larson stated that he was not aware of the future plans
of the hospital at the time of the previous vote. Up6ni:Roll call vote
Aldermen Allen, and Larson voted aye. Ayes (2). Aldermen Powers
Solinger, Strain and President Postier voted nay. Nays (4). Alderman
Duffy-:absai,ned:.. Motion did not carry. Powers moved, Strain second
to approve the change in the zoning from a PUD-I=10 to B-3 General
Business for that property and the Planning Staff be instructed to
take appropriate action establishing a public hearing as soon as
possible. Ayes (4). Nay'.s (2). Aldermen A116 n and Larson voting nay.
Alderman Duffy abstained. Motion carried.
Allen moved, Strain second to remove the Petition to change the
Zoning District from Community•Development Project R-4 Madonna
Towers to B=4 ( General Commercial ) Lot 2, Block 3, Silver Acres
Subdivision.from the table. Allen moved, Larson second to withdraw
the petition Ayes (7), Nays (0).,Motion carried.
Powers moved, Duffy second to instruct the City Attorney to'prepare
an Ordinance establishing the new rates for the City Landfill as
follows: (1),'Passenger automobile or stationwagon, inc. a panel truck
registered as a passenger automobile $1.25; Panel Truck if reg. as a
truck $2.00; Pickup truck, two -wheel trailer $3.00; Two -axle truck
or four-wheel trailer, under 11 cubic yards, $6.00, except that the
charge for such vehicles containing -tree debris is $12.00; Tandem
axle truck $8.00, except that the charge for such vehicles containing
tree debris is $16.00; Semi -truck (2 axle truck) $16.00, except that
the charge for such vehicles containing tree debris is $32.00 '
Non -packer truck over 11 cubic yards $.80 per cubic yard ; Packer
truck $1.00 per cubic yard ; Each appliance unit $1.50 When in excel
of the vehicular charge, the Charge for applicances in a load shall
be in addition to the vehicular charge. Each tire designed to fit a
rim of 16 inches or less in diameter, $1.00 and each tire designed
to fit a rim of more than 16 inches in diameter $2.00. Toxic or liqui
waste prohibited. Special handling $6.00.No;motor vehicle shall be
disposed of at the City Sanitary Landfill or dumpjj,gground and the
disposal of tree debris may be limited or prohibited by order of the
superintendent of the dumping grounds. Ayes (7), Nays (0). Motion
carried.
Strain moved, Powers second to instruct the City Attorney to prepare
an Ordinance establishing the maximum rate of $7.50 for Wastehaulers
L
With the full service provision. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL._ J.257
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 18 - December 3, 1979
Agenda
Item
F-1 An Ordinance Rezoning certain property to B-4 General Business - Lots
12 and 13 Aud;i;tor's Plat D ( Ziebart Property ) 1605 7th St. N. W.
was given its first reading on November 19, 1979. Larson moved, Allen
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. Powers moved,
Solinger second to approve the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-1 Allen moved, Powers second to approve the rezoning of Lots 7,8,8,
10,11 and 12 Block 37 Original`='Plat as PUD-B-17 repealing Ordinance
No. 1803. Ayes (7), Nays (0). Motion carried. ( Granada Royale). Res.6 7-79.
F-1 An Ordinance Rezoning Property to B-2 General Business in Lots 7,8,
9,10,11,and 12 Block 37, Original Plat ( Granada Royale Hotel) was
given its first reading. Powers moved, Strain second to suspend the
rules and give°::this Ordinance a second reading. Upon Roll Call vote,
Allen, Duffy, Larson, Powers Solinger and Strain and President Postiei
voted aye. Ayes (7), Nays (0). Motion carried and the Ordinance
was given its second reading. Powers moved, Allen second to adopt
the Ordinance as read. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning property to B-la Residential Business District
Lot 5, Block 1 of Replat of Lots 10 thru 13, Block 3 Knollwood
Acres ( Anderson ) was given its first reading.
F-1 An Ordinance Relating to the Sanitary Landfill Disposal and Disposal
Charges; amending Rochester Code of Oridnances Section 141.32 as amen(
by Ordinance No. 2038 was given its first reading.
F-1 An Ordinance Relating to the Regulation of the Refuse Collection in
the City of Rochester and Collection Charges amending Rochester Code
of Ordinances Section 141.28 as amended by Ordinance No. 1927 was
given its first reading.
Having no further business, Larson moved, Duffy second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information - December 3, 1979
I. Minutes of the Standing Committee 11-5-79
2. Minutes of the Standing Committee 11-19-79
3. Claim for Injury - David A. LaVou, 1514 7th St. N. E.
( Ref. to Police, Attorney and Insurance).
ed