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HomeMy WebLinkAbout08-18-19801414 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 - August 18, 1980 Agenda Item A-1 President.Postier called the meeting to order at 7:30 P.1M., the following members being present: President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. Strain moved, Allen second to approve the minutes of the August 4, 1980 meeting. Ayes (7), Nays (0). Motion carried. B -1 A'Hearing on the proposed assessment on Project No. 5710-78 J 8619 Trunkline Sanitary Sewer along the south side TH 14 West from East line of SW 1/4 Section 34 to West line of Section 28, Cascade Township Having no one present that wished to be heard, President Postier close, the hearing. Larson moved, Allen second to adopt Resolution No. 453-81 accepting the assessments. Ayes (7), Nays (0). Motion carried. B -2 A Hearing on the proposed assessment on Project No. 7804 J 8631 Sanitary Sewer pump station and forcemain to serve a portion of Green Meadows Second and other lands along Salem Road SW in Section 4 and 9 Rochester Township. Having no one present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to adopt Resolution No. 454-80 accepting the assessments. Ayes (7), Nays (0). Motion carried. B -3 A Hearing on 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. Wishing to be heard was David Rossman of the Traffic Department and he presented a map of the genera' area. Having no one else present that.wished to be heard, President Postier closed the hearing. Powers moved, Strain second to approve the petition, but not vacating llth Avenue at this time until the drive is completed or when the City knows where the.drive is going to be, also whatever easements of the vacated portion that may be needed. Easements will be retained by the City :These easements.wil.l be determined -by -a survey. and -that -survey will be paid .for by, the devel-. opers. Ayes (7), Nays (0). Motion carried. Resolution No. 455-80 was adopted. B -4 A Hearing on the Petition to Change the Zoning District from R-1 to M- 2 on 5.73 acres of vacant land lying East of Hendrick's Subdivision an( West of Valleyhigh Drive N. W. Wishing to be heard was Emil Gauthier of 1210 4th St. N. W. and urged the Council to approve the petition. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Duffy second to approve the petit- ion and recommends that the adjacent railroad right-of-way and county highway right-of-way be included in'the M-2 zone so the zoning district boundary will follow the centerline of Valleyhigh Drive N. W. Ayes (7) Nays (0). Motion carried.The City Attorney is instructed to prepare an ordinance for adoption. B -5 A Hearing on the Petition B-3 on property located at S. W. Wishing to be heard Rochester and stated that to Change.the Zoning 214 Fourth Street.S. was Don Borcherding District from B-lb to W. and 209 Fifth Stree of Yaggy and Associates the petitioner wished to have the Fourth L_ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 - August 18, 1980 Agenda Item B-5 Street Motel zoned Industrial rather then B-3 as requested and the property known as the former Danewick Paint Co. 209 Fifth Street S.W. remain B-lb. Council questioned if this could be done without a new. hearing. City Attorney Fred Suhler, Jr. stated that he would feel more comfortable with a new hearing. Having no one else present that wished to be heard,President Postier closed the hearing.. Duffy moved Allen second to deny the request. Ayes(.7), Nays (0). Motion carried. Duffy moved, Allen second to refer this back to the Planning and Zoning Commission and the Planning Staff for consideration on changinc the Fourth Street Motel to be rezoned to Industrial Zone. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Replat.of Lots Three and Four , Kocer Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to adopt Resolution No. 456-80 approving the plat. Ayes (7), Nays (0). Motion carried. B-7 A Hearing on the Final Plat of Innsbruck Six. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to adopt Resolution No. 457-80 approvi the plat. Ayes (7), Nays (0). Motion carried. C-1 Strain moved, Solinger second to approve the followi.ng appointments to the Rochester Fire Department. David Fenske to the position of Captain. Daniel Dinneen to the position of Motor Operator and Brent Doring to the position of Firefighter. The positions of Captain and Motor Operator to be effective September 1, 1980 and the Firefighter effective September 2, 1.980. Ayes (7), Nays (0). Motion carried. D-1 Solinger moved, Powers second to adopt Resolution No. 458-80 referrini the petition for Extension of sewer and water on 3rd Avenue N. E. to serve lots 7 and 8 Morris 1st and Lot 3 of Morris 2nd Subdivision.to the Public Services Department for a feasibility report. Ayes (7), Nays (0). Motion carried. E-1 Strain moved, Allen second to adopt Resolution No. 459-80 approving the 1980-1985 Capital Improvement Program for the -City of Rochester. Ayes (7), Nays (0). Motion carried. E-2 Duffy moved, -Strain second to adopt Resolution No. 460-80.accepting the Grant Increase for Construction of the Water Reclamation Plant. The additional grant amount is $325,693.00 and the money is used for Pho-Strip Phosphorus removal and the energy recovery system. Ayes (7), Nays (0). Motion carried. E-3 Solinger moved, Allen second to adopt Resolution No. 461-80 setting a hearing for September 15,1980 regarding the addition of three segm of streets and the deletion of one section to the existing list of F Routes. Ayes (7), Nays (0). Motion carried. E-4 Strain moved, Duffy second to adopt Resolution No. 462-80 setting a hearing date for October 6,1980 on the Proposed Housing Plan for RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL JAI 6 CITY OF ROCHESTER, MINNESOTA RegularAdjourned Meeting No. 9 - August 18, 1980 Agenda Item E-4 the Rochester -Olmsted County Area. Ayes (7), Nays (0). Motion carrie E-5 Solinger moved, Allen second to instruct the City.Attorney'to prepare an Ordinance increasing the required insurance coverage in Sidewalk Licenses issued by the City Clerk to $100,000.00 which is conditioned to save harmless the city from any claims against it arising out of tie construction by the licensee of any sidewalk or other structure wheth r for the City or for a private person. Ayes (7), Nays (0). Motion carried. E-6 Powers moved, Solinger second to approve the following licenses and bonds: Request for a Sign License received from Macey Signs, Inc. of Minneapolis, Minnesota. A Bond in the amount of $1,000.00 is submitte, . Request for a Heating , Ventilating and Air Conditioning License received from Craig R. Stevens of Stevens Heating, Inc. Roch. Mn. A bond in the amount of $5,000. is submitted. Request for a House Moving permit for Dennis and Jean Southwick to move a house from the corner of Second Street and Sixth Avenue S.W. to Viola Road. N.E. This is subject.to the receipt of a State License granted to the house mover of A.J..Lysne Corp. of Blooming.Prairie.. Request from Jerry Kanewisch of Alberta Canada for an Auctioneer's License. This is subject to receipt of a $500.00 bond. Request from Thomas Murphy for a Dance License for Dooley's Inc. of Rochester. Ayes (7), Nays (0). Motion carried. E-7 Solinger moved, Powers second to approve -the Accounts Payable (Semi-monthly) in the amount of $430,774.47. ( List attached ). Ayes (7), Nays (0). Motion carried. E-8 Powers moved, Strain second to.approve the proposal from the firm of Smith, Schafer and Ferguson to conduct an examination of the financia statements of the Rochester City Lines Company for. the year ended December 31, 1979. Ayes (7), Nays (0). Motion carried. E-9 Powers moved, Larson second to adopt Resolution No. 463-80 awarding the low bid of $1,790.00to Rochester Sand and Gravel for the removal or demolition of the house at 14 2nd Avenue N. E. Ayes (7), Nays (0): Motion carried. E-10 Allen moved, Strain second to approve the Preliminary Plat of Pinewood First Subdivision located at the intersection of CSAH # 1 and Pinewood Road. Ayes (7), Nays (0). Motion carried. E-11 Larson moved, Allen second to approve the Application for PUD ( Pre- liminary Plan ) located at 113 14th Street N. E. ( Jay Bagne ). Alderman Larson stated that he had two questions regarding this project, and they were both; corrected. He stated that the screening of the parking area was taken care of and the site should not be a problem on that corner - the set back on lst Avenue and 14th Street is 15 feet. Alderman Duffy noted that the Planning Commission did no have information to review,'.,,hey only had a verbal report. Having no further discussion, vote way taken. Ayes (6 ), Nays (1). Motion carried. Alderman Duffy. voted nay. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 14:.7 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 - August 18, 1980 Agenda Item E-12 The application for PUD ( Amended Preliminary Plan ) located at 930 - 10 12 Second St: S. W. was brought before the Council. President - .. Postier polled the Council and 6 wished to have the developer Mr. Hilleran speak to the Council. 1 member opposed. Since no one re- presenting opposition to the project was present the Council proceed6 under normal proceedings. Duffy moved, denial of the project and Larson second. Upon vote, Aybs'(2), Nays (5). Aldermen Duffy and Larson voted aye. Aldermen Allen, Powers, Solinger; Strain and President Postier voted nay. Motion did not carry. After discussion by the Council, Alderman Larson found this out of proportion in call areas with the current zoning code for that area. He said it has jus, to great a density and not enough open space Alderman Duffy agreed and stated that no fundamental changes had been made since the Counci' reviewed this project at a previous meeting. Alderman Strain stated .that this has-been back and forth to the Council since March, 1977 and since we have no real plan as far as zoning or what is expected of 2nd St. S.W., it would be unfair to hold up this project.Alderman Powers stated that he would rather have a new building on the site then leave the property in its present state.. Alderman Solinger concurred with Alderman Powers. He stated.that he did not think the building was too tall. Alderman Larson stated that he did not think a building this tall should be built next to the street. It should have a set back of some sort. Alderman Strain stated that some modifications have to be made and that he would not vote for this in the Final Plan, but would vote for it at this time. Having no further discussion, Allen moved, Strain second to table this for further discussion at the Committee of the Whole and ask the Planning Department to come in with a layout of 2nd Street and the Planning and Zoning Commission is requested to have input on the matter. Ayes (7), Nays (0). Motion carried. E-13 Allen moved, Strain second to approve the Petition to vacate the western 214.32 feet of the platted right-of-way of 19th Avenue N. E. concerning the':Oak Cliff PUD and adopt Resolution No. 464-80 setting the hearing to be held on September, 15, 1980. Ayes (7)., Nays (0). Motion carried. E-14 Larson moved, Strain second to refer the Application for PUD ( Pre limir.inary Plan ), located at 1200 19th Avenue N. E. to be known as Oak Cliff to the Committee.of the Whole for further discussion. Rick Hexum, Partner of the project was present and wished to have the Council see the plan for this development. The Council did not. wish to view the plan until after the hearing on the vacation was held. Mr. Hexum stated that they have included the suggestions of the Planning Department -in their plans and have used the suggestion by the Planning Department for a second access. Ayes (7), Nays (0). Motion carried. E-15 Allen moved, Duffy second to adopt Resolution No. 465-80 authorizing payment of Supplemental Agreement No. 2 for Porject No. 7106-3-79A Pennington Business Park 3rd. The amount of the agreement is -increase Of $10,959.90. Ayes (7), Nays (0). Motion carried. 141918 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-16 E-17 E-18 E-19 E-20 G-2 CITY OF ROCHESTER, MINNESOTA Regular Adjounred Meeting No. 9 - August 18, 1980 Larson moved, Strain second to adopt Resolution No. 466-80 ordering Project No. J 2123 Renovation of existing deficient catch basins in -the City's storm sewer system to be made and ordering bids to be opened at 11:00 A.M. on September 15, 1980. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second.to adopt Resolution No. 467-80 approving an Engineering Contract by McGh.ie and Betts, Inc. for Engineering services on Project No. 7803-6-80 J 8738 Grading , Base , Surfacing, Concrete curb and gutter, sewers, Watermain and service connections in Innsbruck 6th Subdivision. Ayes (7), Nays (0). Motion carried. Solinger moved, Powers second to adopt Resolution No. 468-80 orderin a feasibility report and Resolution No. 469-80 setting a hearing date to be held'on September 15, 1980 on Project No. 6331-4-80 J 874 Construction of a street along the approximate west line of the north half of the southwest quarter of Section 16, Township 107 Nort Range 14 West in the City of Rochester from 43rd Street N. W. to 48t Street N. W. Ayes (7), Nays (0). Motion carried. Strain moved, Powers second to adopt Resolution No. 470-80 authorizii the City Clerk to advertise for bids on Project No 7403-80 J 8730 Extension of the North Frontage Road as platted in Cascade Industria' Park Subdivision east to 35th Avenue N. W. and construction of the median crossing in Trunk Highway No. 14 to connect 35th Avenue N. W. Bids to be opened at 11:00 A.M. on September 10, 1980. Ayes (7), Nays (0): Motion carried. Larson moved, Powers second to adopt Resolution No. 471-80 approving the Cooperative Agreement with Minnesota Department of Transportatiol for improvements to the intersection of, T.H. 14 and the proposed 35th Avenue N. W. The Mayor and City Clerk are authorized to sign said agreement . Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to remove the Project No. 7903-1-79 J 868, Basic Construction in Westway Manor l'st Subdivision from the table. Ayes (7), Nays (0). Motion carried. Alderman Allen stated that he had received a map of the area showing him the project. Wishing to be heard was John King, representing Mrs. Joan King of 3707 7th St. N. W. Mr. King stated that he received word from E. L. Forbrook of Johnson Drake and Piper that the developers would pay for the assessment normally assessed to Mrs. Joan King. Wishing to be heard was Harleth Swanson of 3415 7th St. N. W. and is opposed to this project. He does not approve of paying for assessments which benefit the whole area. Having no one else present that wished to comment, Larson moved, Powers second to adopt Resolution No. 472-80 ordering the project to be made, subject to a letter being.filed with.the City Clerk stating that Johnson Drake.and Piper would pay for the assessments of Mrs. Joan King of 3707 7th St. N. W. - Lot•12, Block 1. Ayes (6), Nays (1). Alderman Allen voting nay. Motion carried. i, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 14I.9 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 9 - August 18, 1980 Agenda Item G-1 Powers moved, Solinger. second to remove the Amendments.to Chapter 60 and 65 of the Rochester Zoning Code Requiring Conditional Use Permits for Certain Commercial Uses from the table. After discussion by the Council, Larson moved Allen second to deny the request. Alderman Solinger reminded the Council that this suggestion to change the code was to restrict B-3 property abutting R-1 zone. Ayes (5), Nays.(2), Alderman Solinger and Duffy voting nay. Motion carried. F-1 Allen moved, Powers second to adopt Resolution No. 473-80 approving a.resolution of the Public Utility Board approving an agreement with. R.W. Beck and Associates for Zumbro Hydroelectric Project not to exceed $86,200.00. Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Duffy second to adopt Resolution No. 474-80 approving a resolution of the Public Utility Board approving an Electric Servic Agreement with Saint Mary's Hospital. Ayes (6), Nays (0). Motion carried. Alderman Strain abstained. F-1 Strain moved, Larson second to adopt Resolution No. 475-80 approving a resolution of the Public Utility Board approving an El.ectric Service Agreement with the Franklin,: Heating Station.. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain property to R-2 Lots 1 thru 14 Meadow Park South Third Sub. ( This corrected an Error adopted and published Ordinance No. 2133 ) was given its first reading. Solinger 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. T,he:Ordinance was given:its second readi.ng,. -So l'inger..moved, Duffy second to adopt the Ordinance as read. Ayes(7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Certain Property to M-2 General Industrial District - 5.73 acres ( Vacant land lying East of Hendrick's Sub. and West of Valleyhigh Dr. N. W. ( Emil Gauthier ) was given its first reading. F-1 Strain moved, Allen second to adopt Resolution No. 476-80 approving an Owner Contract with Yaggy Associates, Inc. for Basic Construction in Northern Slopes.Third Subdivision. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Licensing of Persons who engage in the bus- ines& of building or rebuilding concrete sidewalks: Establishing Minimum Insurance coverage was given its first reading. Larson moved Allen second to suspend.the rules and give this 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. Allen moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. JL420 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY .OF ROCHESTER, MINNESOTA Regular Meeting No. 9 - August 18, 1.980 Agenda Item F-1 F-1 F-1 Mr. Arthur Birdseye of Rochester Cab Company was present and reques to be heard regarding the second reading of the Limousine Franchise Ordinance for Mid Continent Airlines, Inc. Since Mr. Bill Moore of Mid Continent Airlines was not present, this Ordinance did not have its second reading, but was referred to the Committee of the Whole for further discussion. An Ordinance Relating to Cable Television; Providing for an adjustmen in subscriber rates was brought before:.the Council. Solinger moved, Powers second to suspend the rules and give this 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. The Ordinance was given its second reading Powers moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 477-80 requiring the owners of the buildings comprising the Heritage House Hotel to provide self -closing doors on all guest rooms and a second means of egress from the second and third floors if the building is entire- ly sprinkled will result in undue hardship to the owners. The safety of the public and the occupants of the buildings will not be jeopar- dized by the granting of a variance of the nature requested by the applicant under these circumstances. Ayes (7), Nays (0). Motion carried. Having no further business, Duffy moved, Allen second to adjourn the meeting until 7:30 P.M. on August 19, 1980 at the Public Library Auditorium. Ayes (7), Nays (0). Motion carried. City Clerk Information: - 8-18-80 1. Notice of Public Hearing concerning federal grant proposal for purchase of 11 buses and six bus shelters.. 2. Notification of claim against the City filed by Gardner Law Office on behalf of Madeline Quade- Ref. to Attorney, Ins.. and Public Servic s. 3. Letter from Jennifer Ott re: Name of City on Watertower 4. Letter from Dr. Philip W. Brown - Copy to Public Services Dept. 5. Claim against the City from Bud Verdick re. Painting of No.. Heights Watertower - referred to City Attorney's Office, Ins. Co. and Public Services Dept.