HomeMy WebLinkAbout05-19-19801350 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
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President Postier called the meeting to order at 7:30 P.M., the foll
ing members being present: President Postier, Aldermen Allen, Duffy,
Larson, Powers Solinger and Strain. Absent: None.
A.1.1.en;mo ed;,Strai:n.second to approve the minutes of the May 5, 1980
meeting. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Amendments to the Zoning Code Paragraphs
60.425, 62.212-, 66.404, 66.406, 66.407, 62.208, 62.107 and Tables 5
and 6 regarding attached and detached dwellings. Wishing to be heard
was Robert Patterson of Johnson, Drake and Piper and wished to speak
on the amendments. He would present his statements later in the hearini,
Pat Dargis, President of Builders Land Company commended the staff
,for work that they did on this change. Mr')-Dargi!'s'icommented on R-1,
R-2 and R-3 zones. The R-1 and R-3 should hot be changed, the R-2 was
designed for multi -dwellings and should have 35' lot for detached
dwelling and 45' lot for a corner lot. Robert DeWitz, Builder. in
Rochester agreed with Mr. Dargis. Robert Patterson then spoke and
stated that various change; should be made before adopting this
amendment. Larry Klemenhagen of the Planning Department presented
slides on the changes. After discussion by the Council, Solinger moved
Duffy second to accept the amendments as stated, but refer the problem!
discussed at the hearing back to the Planning Commission for possible
consideration. This hearing was not published in the Post Bulletin,
thus this hearing was voted on at this meeting, Ayes (7), Nays (0).
Motion carried, but the hearing will have to be scheduled at another
meeting.
A Hearing on the Petition to Change the Zoning District from R-1
(Single Family Residential ) and B-lb ( Neighborhood Business to
R-3 ( Medium Density Residential ) located at 113,119, and 125 14th
Street N. E. Wishing to be heard was Jay Bagne of 2018 26th Avenue
N. W. and urged the Council to approve the petition. Wishing to be
heard was Mark McIntyre*:stated that the neighbors were in favor of
the zone change. Alice Hines of 118 14th St. N. E. and is in favor of
the zone change. Having no one else present that wished to be heard,
President Postier closed the hearing. Allen moved, Strain second to
approve the change and instruct the City Attorney to prepare an ordin-.
ance. Ayes (6), Nays (0). Larson abstained. Motion carried. The
hearing will have to be scheduled at another meeting. This hearing was
not given proper publication.
A Hearing on an Appeal from the decision of the Zoning Board of Appeal
to permit two (2) mobile homes to be placed on lots having less than
the required 4500 sq. ft. lot size , less than the required 45' lot
width, and which would provide less than the required 20' distance
separation on property at 118 8th St. N. E. ( Thompson Properties ).
Wishing to be heard was Willard Larson of 1546 7th Avenue N. E. and
urged the Council to approve his permit and overrule the decision of
the Zoning Board of Appeals. Having no one else present that wished
to be heard, President Postier closed the hearing. Larson moved,
Powers second to approve the appeal from the decision of the Zoning
Board. Upon Roll Call vote, Aldermen Allen, Larson, Powers voting
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
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B-3 aye. Ayes (3), Aldermen Duffy, Solinger Strain and President Postier
voting nay. Nays (4). Motion did not carry. Larson moved, Strain
second to allow a mobile home to be put on a lot 3072 sq. ft. Ayes (7)''
Nays (0). Motion carried. Resolution No. 236-80 is adopted.
B-4 A Hearing on the Application for PUD ( Final Plan ) by Baihly Builders
for Greenview Condominiums located in Green Meadows Fifth Subdivision.
Having no one present that wished to be heard, President Postier close)
the hearing. Duffy moved, Allen second to approve the olan and
adopt Resolution No. 237-80. Ayes (7), Nays (0). Motion carried.
B-1 Larson moved, Allen second to reconsider opening the hearing on
the Proposed Amendments to the Zoning Code Paragraphs 60.425, 62.212
66.404, 66.406, 66.407, 62.208, 62.107 and Tables 5 and 6. This
hearing was not published and thus was not a legal hearing. Upon Roll
Call vote, Aldermen Allen, Larson, and Solinger voted aye. Aldermen
Duffy, Powers, Strain and President Postier voted nay. Nays '(4). Motioi
not carried. Aldermen did not know that the hearing was not a legal
hearing at the time of voting.
C-1 Allen moved, Strain second to approve the appointment of Timothy J.
'Malley to the position of Police Officer effective June 9, 1980.
Ayes (7), Nays (0). Motion carried.
C-2 Duffy moved, Allen second to approve the report from the Charter
ommission regarding the amendments to the City Charter, and the City
ttorney was instructed to prepare an Ordinance for adoption. Ayes
(7), Nays (0). Motion carried.
C-3 Strain moved, Duffy second to approve the following appointments by
he Mayor: Susan Rogers 1101 7th Avenue S.W. and Danna Ihrke of 1463
th Avenue S. E. These people will serve on the MACADA Project.
yes (7), Nays (0). Motion carried.
C-4 uffy moved, Strain second to approve the following appointment to
he Housing Board of Appeals of Lee Ann McCaffrey, M.D. of 2722
th Avenue N. W. The two year term will expire on April 1, 1982. Ms
cCaffrey replaces Boniface Drummond. Ayes (7), Nays (0)',. Motion
arried.
C-5 uffy moved, Powers second that in the event the Development Project
roceeds the street ( 1st Avenue ) will be closed subject to the
avorable outcome of studies of air quality and the rerouting of the
raffic. Wishing to be heard was Jack Piper, Developer of the project.
nd urged the Council to approve the closing of the street. Alderman
olinger stated that he would like to see development in the downtown
rea, but not just to see a project go. He fears the small business
ay have problems in the event that the street is closed and the
street pedestrians may have a problem too. President Postier stated
hatImore than a year ago, this Council myself included, at a Committ-
e meeting , stated their willingness to close lst Avenue if this pro-
ect was financially feasible. I am not judging the merits of ,this
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
Agenda
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new proposal at this time, because we have not had sufficient time on
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one weekend, to make such,a drastic decision. I cannot in good faith
cast one vote to not close First Avenue and kill this project,
until we have had the time necessary to evaluate it. Likewise, I am
not ready to -sign a Phase 2 Agreement. AyesJ5). Nays (2)..: Al.dermen,
Larson and Solinger voted nay. Motion carried.
D-1 _Donna
Melin, Historic Preservation Committee wished to be heard and
read a resolution adopted by the committee as follows: "Resolved:
We support the preservation of the Chateau Theater as an historically
and architecturally significant structure. We recommend that .it be USE
for its original purpose as a center for the performing arts."
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Powers moved, Allen second to instruct the City Attorney to prepare
the appropriate agreements with the Riverside Partners which provide
for special assessments of the cost of site improvements against
the project; prepare proper agreements regarding decorative lighting
systems of the projects as well as agreement on the parking lot.
Ayes (7), Nays (0). Motion carried.
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Strain moved, Solinger second to adopt Resolution No. 239-80 authoriz-
ing the execution of the agreement between the City of Rochester and
Olmsted County for the relocation of County Road # 133. Ayes (7),
Nays (0). Motion carried. This is to the Water Reclamation Plant )
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Solinger moved, Strain second to adopt Resolution No. 240-80 relating
the implementation of regulations by the United States Department
of Transportation relating to accessibility of Public Transit Buses•i
for Handicapped persons. Ayes (7),Nays (0). Motion carried.
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Strain moved, Duffy second to approve the request for a parade permit
or Memorial Day on May 26, 1980. The request was received from the
Olmsted County Memorial Association. Ayes (7), Nays (0). Motion
carried.
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uffy moved, Allen second to approve the neighborhood parade to be
eld by the Gage PTSA on May 22, 1980. Ayes (7), Nays (0). Motion
arried.
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lowers moved, Larson second to approve the request for Maternity Leave
or Diane Randall from June 3, 1980 thru August 30, 1980. Ayes (7),
lays (0). Motion carried.
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3train moved, Allen second to approve the periodic estimates/Terminal
wilding Construction at the Rochester Municipal Airport as follows:
filler-Dunwiddie $6,746.70 ; Weis Builders $10,645.00. The Requested
e.i-mbursement FAA-Mn-DOT $8,955.75 and Requested Advance from FAA-
nDot in the amount of $414,000.00 on the Terminal Building Construct-
ion. Ayes (7), Nays (0). Motion carried.
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lowers moved, Duffy second to approve the following Licenses and Bonds:
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 13a'-03
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
Agenda
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E-8 David W. Schill-ing to sell Cigarettes at A & W Root Beer 603 4th St.
S.E. and from Claude R. Parrish Service Oil Company to sell at the
Imperial Service Station 1840 South Broadway. Auctioneer's License
from Douglas W. Dose of 117 9th Avenue N. W. and an Auction Permit
to conduct an auction on June 7, 1980 at 2:00 P.M. at Gander Plumbing
and Heating 605 North Broadway. Cement/Asphalt Licenses from
Norman Thorson 2115 Hwy 14,East, Don Prow 1833 16 1/2 Street N. W.;
Rochester Sand and Gravel - William A. Fitzgerald 4105 E. River Rd.
Hoffman Blacktop, David Hoffman Route # 1 Byron; LaMar Johnson,
Zumbro Falls for Johnson Blacktop Company 2320 14th Avenue N. W.
and Paul McCann Route # 2 Eyota. Ayes (7), Nays (0). Motion carried.
E-9 Alden moved, Solinger second to approve the accounts payable in the
amount of $478,717.31 ( list attached ) semi monthly. Ayes (7),
Nays (0). Motion carried.
E-10 Duffy moved, Solinger second to adopt .Resolution No. 241-80 authorizii
the City Clerk to advertise for bids for a dump truck for the Sewer
Collection Division. Bids to be opened at 11:00 A.M. on May229, 1980.
Ayes (7),.Nays (0). Motion carried.
E-11 Solinger moved, Strain second to adopt Resolution No. 242-80 awarding
the low bid of Diamond -Crystal Salt Co. for $29.36 per ton dump
and $30.86 per ton with conveyor. Ayes (7), Nays (0). Motion carried.
E-12 Solinger moved, Allen second to adopt Resolution No. 243-80 approving
and supporting the Rochester HRA application to administer the MHFA
Grant Program for Olmsted County, inclusive of the City of Rochester.
Ayes (7), Nays (0). Motion carried.
E=1:3 Duffy moved, Allen second to approve staff ( Planning ) recommendatioi
on the street numbering system for Sunny Slopes Subdivision and
instruct the City Attorney to prepare an Ordinance for adoption.
The Council instructs the City Public Services Department to erect
the necessary street signs and instruct the Planning Department to
notify the residents in the area of the change. Ayes (6), Nays (1.).
Motion carried. Alderman Solinger voted nay.
E-14 Allen moved, Powers second to approve the Application for Industrial
General Development Plan by Claude Glatzmaier located at 41st St.
N. W. and U.S. 52 to be known -as Plaza 41. Ayes (7), Nays (0).
Motion carried.
E-15.1. Powers moved, Duffy second to adopt Resolution No. 244-80 approving
the.Petition to annex 4.62 acres of unplatted land lying north of
43rd Street N. W. at approximately the 2000 block pursuant to the
Orderly annexation agreement with Cascade Township. Ayes (7), Nays
(0). Motion carried.
E-16 Powers moved, Strain second to'approve the Preliminary Plat of Weste
Third Subdivision subject to the following 1. The necessary utility
easements are provided on the final plat and 2. The lots presently
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CITY OF ROCHESTER, MINNESOTA
Adjourned Regular Meeting No. 33 - May 19, 1980
located outside of the corporate limits of Rochester are not includ
in the final plat until the land is annexed. Ayes (7), Nays (0).
Motion carried.
Strain moved, Allen second to approve the Resolution No. 245-80
Petition to vacate the north 44 feet of the alley lying.between
lots 6 and 7, Block 64 of the Original Plat of the City of Rochester,
Minnesota. Ayes (7), Nays (0). Motion carried.
Larson moved, Solinger second to approve the Application for PUD
(Preliminary Plan) by John Bass located at 633 16th Street S. W. to
be known as Stone Barn Offices. This is subject to authentic res-
toration of the Barn. Don,Borcherdt6g-,of Yaggy Associates was presen
and explained the plan. Ayes (7), Nays (0). Motion carried.
Powers moved, Duffy second to approve the Lengthening of the Bus
Stop at Weber and Judd Drug Store on the west side of 1st Avenue
S. W. and the east side of Weber and Judd. Alderman A11..qn stated
that he needed information on this, his business was being bombarded
with buses. Powers moved, Strain second to table this and refer the
matter to the Committee of the Whole for further discussion. Ayes
(7). Nays (0),* Motion carried.
Allen moved, Strain second to adopt Resolution No. 246-80 covering
the following change in bus stops: 1. Move the location of mid -block
bus stop on the south side of 2nd St. S. W. between 2nd Avenue and
3rd Avenue to near side bus stop on south side.of 2nd Street S. W.
at 2nd Avenue, Route Numbers 1 and 2, Section C, Special Parking
Zones - Bus Stops. 2. Delete paragraph (30), Section E, Passenger
Loading Zones. Ayes (7), Nays (0). Motion carried.
Larson moved, Powers second to adopt Resolution No. 247-80 approving
the.agreement between the City of Rochester and Braun Engineering
for Concrete cylinder testing for the Water Reclamation Plant
expansion and authorizing the Mayor and the City Clerk to sign said
agreements. Ayes (7), Nays (0). Motion carried.
Powers moved, Larson second to adopt Resolution No. 248-80 ordering
the Public Services Department to initiate the Project No. 8006
J 8729 Water Tower to serve the High Level District Southwest Area
Easterly of Trunk Highway No. 52 West of Trunk Highway No. 63 and
South of 16th Street S. W. and Mayowood Road S. W. Ayes (7),
Nays (0). Motion carried.
Solinger moved, Larson second to table the Parking Restriction for
Sight Distance at 102 10 1/4 Street S. E. Ayes (7), Nays (0).
Motion carried. More information was needed.
Allen moved, Powers second to adopt Resolution No. 249-80 modifying
Bus Route 3 and 4. This is due to the closure of the bridge on 19th
St. Ayes (7), Nays (0). Motion carried.
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
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Ez-25-r: Powers moved, Strain second to adopt Resolution No. 250-80 approving
an Owner Contract between the City of Rochester and Yaggy Associates
for Project No. 8003 J 8718 Watermain Extension in 6th Avenue N. E.
from the inplace main 360 feet north of 31st St. N. E. to and through
the SE 1/4 NW 1/4 of Sec. 24, Cascade Township to the east of Trunk
Highway No. 63 and along the east side of Trunk Highway No. 63 to a
point approximately 200 feet south of the north I;A,ne Sec. 24, Cascade
Township. Ayes (7), Nays (0). Motion carried.
rE-26 '� Duffy moved, Allen second to adopt Resolution No. 251-80 authorizing
the City Clerk toadvertise for bids on Project No. 6107-79 J 8674
Grading and Surfacing, Concrete Curb and Gutter, and Storm Sewer
in that part of Olden Hill Addition lying north of 19th Street S.E.
and east of Trunk Highway 63. Bids will be opened on July 2, 1980
at 11:00 A.M. Ayes (7), Nays (0). Motion carried.
E-27 Powers moved, Larson second to adopt Resolution No. 252-80 awarding
the l:ow bid of Road Constructors, Inc. Rochester for Project No. 6208
1/2 -2-80 J 2202 in the amount of $23,926.40. Widening , Paving
Concrete Curb and Gutter and Bicycle path on the north side of 8 1/2
Street S. E. from 15th Avenue S. E. to the west line of Homestead
Trails Subdivision. Ayes (7), Nays (0). Motion carried.
E-28 Allen moved, Larson second to adopt Resolution No. 253-80 awarding
the contract to Doyle Conner Company for the low bid of $6,018.00
for Project No. 6009-10-79 J 8697 Concrete Curb and Gutter on 30th
Street N. W. in Crescent Park loth Subdivision. Ayes (7), Nays (0).
Motion carried.
E-29 Strain moved, Allen -second to award the low bid of $74,976.75 of
Road Constructors, Inc. for Project No. 8001 J 2128 Construction of
a walkway on the east side of Marion Road S. E. from 14th Street
S. E. to 23rd Avenue S. E. plus relocation of Park -Lane S. E.
Park Access Road to McQua.11anRark and construction of a drainage
ditch and culverts from the east side of Marion Road S. E. to Bear
Creek. Ayes (7), Nays (0). Motion carried.
E-30 Duffy moved; Larson second to adopt Resolution No. 255-80 amending
the Parking Zones as follows: '(35) First Street S. W. on the north
side from 7th Avenue to llth Avenue , except that parking is allowed
from 3:00 P.M. on Monday to 7.'.00 P.M. on Tuesday and add paragraph
(35:5) First Street S. W. on the north side from 6th Avenue to 7th
Avenue between 7:00 P.M. Tuesday and 3:00 P.M. Wednesday. Ayes
(7), Nays (0). Motion carried.
E-31 Powers moved, Solinger second to adopt Resolution No. 256-80 authoriz
payment of work covered under supplemental Agreement No. 2 for Projec
No. 6203-1-80 Storm Sewer 3rd St. N. E. Ayes (7), Nays (0). Motion
carried. The amount is $2,000.00.
Alderman Powers left the room.
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1356 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
Agenda
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Allen moved, Strain second to adopt Resolution No. 257-80 approving
a resolution of the Public Utility Board approving a contract with
Horizon Fabricators, Inc. - IBM Substation in the amount of $31,600.0 .
Ayes (6), Nays (0). Motion carried.
Larson moved, Allen second to adopt Resolution No. 258-80 approving
resolution of the Public Utility Board approving a contract with
Minnesota Sandblasting - Water Storage Tanks at Northern Heights
and Country Club Manor for the amount of $66,914.00. Ayes (6),
Nays (0). Motion carried.
Duffy moved, Strain second to adopt Resolution No. 259-80 approving
a resolution of the Public Utility Board approving a contract amend
No. 1 with Energy Engineering, Inc. for Coal Supply - agreement -
Equalization of Price Computation Procedure. Ayes (6), Nays (0).
Motion carried.
Strain moved, Larson second to adopt Resolution No. 260-80 approving
a resolution of the Public Utility Board approving a contract with
Dale Syverson Ford for a Digger Derrick Cab and Chassis in the amount
of $31,770.00. Ayes (6), Nays (0). Motion carried.
Duffy moved, Strain second to adopt -,,Resolution No. 261-80 approving
a resolution of the Public Utility Board approving a contract with
Road Machinery and Supplies Co. for a Digger Derrick with Utility
Board in the amount of $87,827.00. Ayes (6) , Nays (0). Motion carried
Allen moved, Duffy second to adopt Resolution No. 262-80 approving
a reso Tutton of the Public Utility Board approving a contract with
Alvin E. Benike, Inc. for Various Site Work, IBM Substation in the
amount of $87,055.52. Ayes (7), Nays (0). Motion carried.
Strain moved, Allen second to adopt Resolution No. 263-80 approvi:ng
a contract with Mark Company for Oxygen Monitoring Equipment in the
amount of $16,730.00. Ayes (6), Nays (0).Motion carried.
Alderman Powers arrived back in the meeting.
An Ordinance Rezoning property to R-3 Medium Density Residential
- 14th Street N. E. -;was .not..gi uen•: its :first i readi ng- The Hearing
B-2 of this meeting was not given a legal public hearing notice.
An Ordinance Rezoning certain Property creating a Planned Unit
Development District known as PUD-R-48 and Amending Ordinance No.
1659 known as the Zoning Ordinance of the City of Rochester -
Green Meadows Fifth Subdivision was given its first reading.
An Ordinance regarding the Street Name and Numbering System Change
for Skyline Drive was given its first reading.
An Ordinance Relating to Organization of the City of Rochester,
Minnesota amending the Charter of the City of Rochester, Section 1
and Repealing Sections 4,5,6, & 7 was given its second reading.
Solinger moved, Allen second to adopt the Ordinance as read. Ayes
(7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
COUNCIL _A35 , f
An Ordinance Relating to City Elections amending the Charter of
the City of Rochester Sections 8 & 9 and Repealing Sections 10,11
and 12 and 13 was given its second reading. Strain moved, Allen
second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion
carried.
Allen moved, Powers second to adopt Resolution No. 264-80 approving
a resolution of the Public Utility Board approving an amendment to
the amendment with Pfeifer and'Schultz/HDR at a cost not to exceed
$30,000.00. Ayes (7), Nays (0). Motion carried.
Strain moved, Allen second to adopt Resolution No. 265-80 approving
a contract with the Public Utility Board approving an agreement with
E.E. I Energy Inc. for a minimum of 30,000 tons of coal; not to exceed
$44.67 per ton. Ayes (7), Nays (0). Motion carried.
Duffy moved, Strain second to adopt Resolution No. 266-80 approving
an Owner Contract between McGhie and Betts Inc. for Watermain
Extension to serve Proposed Samaritan Bethany II. Ayes (7), Nays (0).
Motion Carried.
Strain moved, Allen second to adopt Resolution No. 267-80 authorizing
the issuance and sale by the City of $4,500,O00. aggregate principal
amount of its first mortgage Nursing Home Revenue bonds ( Bethany
Samaritan Inc. Project ), Series 1980, Authorizing execution of an
indenture of trust, a Loan Agreement, A bond purchase agreement and
an official statement, all relating to said bonds, and authorizing
other -action to be taken with respect to the issuance, sale and
delivery of said bonds. Ayes (7), Nays (0). Motion carried.
An Ordinance Relating to City Officers, the Mayor and Police Depart-
ment; Amending the Charter of the City of Rocheseter, Sections 21, 28
32, 36, and 39 and Repealing Sections 34, 37, and 38 was given its
first reading.
An Ordinance Regarding the Amendments to the City Charter as reviewed
by the Charter Commission was given its first reading.
Having no further business, Larson moved, Duffy second to adjourn
the meeting.until 11:30 A.M. on May 21, 1980. Ayes (7), Nays
(0). Motion carried.
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1358 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 33 - May 19, 1980
Agenda
Item
Information - 5-19-80
1. Standing Committee Meeting Minutes for meetings of March 24, 31,
and April 7, 1980.
2. Claim for Damages - on behalf of Catherine A. McCallum Referred
to City Attorney's Office.
3. Summons to Appear in Court Regarding Claim for Damages Filed by
Harold and Ruth Hale - Referred to City Attorney
4: Claim for Damages - Diane M. Drugg - Referred to City Attorney's
office.
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