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HomeMy WebLinkAbout02-16-198217-14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No..26 - February 16, 1982 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Powers, Strain. Absent: Aldermen Duffy and Solinger. Powers moved, Allen second to approve the minutes of the February 1, and 4, 1982 meetings. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition to Amend the Land Use Plan Designation from "Low Density Residential" to "Medium Density Residential" and Commerc on property located at 2504 19th St. N.W. Wishing to be heard was Mike Pattinson of 2504 19th St. N. W. and urged the Council to approv( this Land Use Plan. He stated that expansion was necessary for the greenhouse, which is located on the property, and with the present use, this would be impossible. Wishing to be heard was Al Pertuz of 1703 25th Avenue N.W. He represented the neighborhood.and they are all opposed to this change. Wishing to be heard was Carl Wagner of 2, 18 112 St. N. W. and stated that commercial uses were just across the street. He is in favor of the change. Rex Savage of 6550 Hwy 63 Nortl was present and is in favor of the change. Bill Schneider of 1783 25t1 Avenue N W. He spoke for himself and represented other residents in the area and they are opposed to any.land use change. Having no one else present that wished to be heard, President Postier closed the hearing. Allen moved, Strain second to deny the change. Ayes (5 Nays (0). Motion carried. A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to R-3 ( Medium Density Res. ) and B-4 (General Business) on property located at 2504 19th St. N. W. (Evergreen Gardens). Wishing to be heard was Al Pertuz of 1703 25th Avenue N. W. and urged the -Council to deny this. He thinks that the zone is correct in this area. Wishing to be heard was Mary Jensen of 1771 25th Avenue N. W. and is opposed to this change. She thinks that the concept of the neighborhood would be defeated if this would be changed at this point. She was also concerned about the traffic that might be generated. Wishing to be heard was Mike Pattinson of 2504 19th St. N. W. and is in favor of the change. He is the petitioner and stated that he has this land (5.4) acres and would like to expand his greenhouse. He stated that this area is best suited for commercial and urged the Council to,approve the change. Alderman Strain questioned Mr. Pattinson on a Planned Unit Development zoned R-2 and if this would work for the expansion that Mr. Pattinson planned. Mr. Pattinson stated that an R-3 would be more beneficial for their use. Alderman Strain asked Mr. Pattinson if an R-2 PUD would achieve their purpose. Mr. Pattinson stated that it would except that they would need additional commercial usage. Alderman Bluhm stated that he thought a Planned Unit Development would be the best solution at this time. Wishing to be heard was Rex Savage 6550 Hwy 63 North and stated that the Planning Staff recommended the entire 5.4 acres be rezoned. Wishing to be heard was Al Pertuz of 1703 25th Ave. N. W. and stated that the Planning and Zoning Commission denied this. Having no one else present that al 6 wished to be heard, President Postier closed the hearing. Discussion RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCILS s CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - February 16, 1982 Agenda Item B-2 was held by the Council. Alderman Strain stated that he thinks the Planned Unit Development is the only way to go on this project.. He stated that Mr. Pattinson has rights to develope.hi"s land, but the neighborsh'ave their rights too. Alderman Powers stated that he think! this is a great R-1 zone, but if it were to be presented in a PUD he could vote for it. President Postier stated that a PUD would be appropriate Alderman Strain stated that he thought a R-2 PUD is acceptable. Powers moved, Allen second to deny the request to'rezone the property. Ayes (4), Nays (1). Alderman Strain voted nay. Motion carried. B-3 A Hearing on the Application for Planned Unit.Development ( amended final plan ) located near 19th St. N.W. and VIking Drive to be known as Valhalla Building No. 12. Wishinu to be heard was Glen Metz of ; Metro Development. He urged the Council to approve the change., The1 major change was from two lesser density buildings, they would constru one (8) story building. This would eliminate the parking ramp and retain the trees and the hill. They think this is a better solution for utilizing the last two lots. Slides of::the proposed.project were presented at this time. Wishing to be heard was Pete Meyer, Rochester, Minnesota. Mr. Meyer lives in the neighborhood nearby and is not in favor of the amended plan. He says that the buildings as they are now constructed are nice and would like - to plan to stay as it is. Wishing to be heard was Bill Markus. Mr. Markus represents Valhalla Management Association and stated that residents in his building are not in favor of this plan.:, Wishing to be heard was Pat Griffin 607 19th St. N. W. and stated that he thinks misrepresentation of the association was implied by the speaker for Metro. He stated that more people were opposed then Metro admitted. Bill Tong, Buildin 15 of Valhalla stated that he would not like to see a -bald piece of ro be left ( like Northern Hills) if they were to oppose the new 8 story building. Carol Jackson of 640 19th St. N. W. represented a number of residents and was wondering about the capability of the storm sewer if this building were to be built. She was also concerned about the "mess" Metro leaves when they are building. He .is opposed. Keith Larson of 802 Woodgate Lane N.W. objects to the project.being revised. Dick Hexum of 805 Woodgate Lane N. W. is opposed to the change, he wants the original PUD to remain. Robert Springer of 620 19th St. N. W. lives directly across the street and opposes the change. Having no one else present that wished to be heard, President Postier closed the heari°ng . President Postier did say that in Alderman Solinger's absence that he supported the change in the PUD. He stated that Alderman Solinger had'been to various association meetings and most of the members were in favor of the 8 story, building. Alderman Bluhm questioned the water power. If the City had enough to accomodate an 8 story building. He was told it could. Having no ore discussion, Powers moved, Strain second to approve the Amended plan and adopt�Resolution No. 66-82 approving this amended.Final Plan. Ayes (5), Nays (0). Motion carried. B-4 Hearing on the Petition to Amend the Land .Use Plan Designation from "Industrial" to "Commercial" on all of Lots 3 and 4 & a portion of Lot! ct k RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item ME C-1 C- 2 C- 3 Adjourned Meeting No. 26 - February 16, 1982 2,7, 8 and 9 in Block 59 of the Original Plat of Rochester, which is the property located at 315 First Avenue N. W. ( Pfaff's Bar and Parking area). Wishing to be heard was Rick Arend of 402 loth Avenue N. W. and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing Powers moved, Strain second to adopt Resolution No. 67-82 approving the Land Use Change and instruct the City Attorney to prepare an Ordinance amending the Land Use Plan. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition.to.Change.the Zoning District from M-1 ( Light Industrial) to B-3,(..General. Business ) on Pfaff's Bar Proper at 315 First Avenue.N. W. Having no one present that wished to be he President Postier closed the hearinq. Bluhm moved, Allen second to instruct the City Attorney to prepare an ordinance making the change. Ayes (5), Nays (0). Motion carried. A Hearing on the Petition to Change the Zoning District from R-1 (Single Family Residential ) to.13-4 ( General Business) on 7.04 Acres of vacant land lying to the Northwest of the termination of 22nd Avenue N.W. and Northeast of Viking Olds. Having no one present that wished to be heard, President Postier closed the hearing. Allen moved, Bluhm second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (5), Nays (0). Motion carried. A Hearing on the Olmsted.County PAC and County Planning and Zoning Commission initiated Land Use Plan Amendment changing the Adopted Land Use Plan from Medium density residential and public to commercia and low density residential for Lot 4, Block 2, Eastgate Commercial Park , and for an area 300' deep along the South Side of Eastwood Roa for a distance of 1400 feet to the East City Limits Line.. Wishing to be heard was Rick Arend of 4028 loth Avenue N. W. and stated part of the legal description included land in the County. He stated that he had no buyer for three acres. He had questions about this amendmen Council agreed that more discussion.was needed and Powers moved, Allen second to table this and refer it back to the Committee of the Whole for further discussion. Ayes (5), Nays (0). Motion carried. Allen moved, Powers second to approve the Reappointment of I.J. Lewis 3132 Knoll Lane N. W. to the Joint Airport Zoning Board. The two year term will expire in December 31, 1983. Ayes (5), Nays (0). Motion carried. Bluhm moved, Powers second to approve the Reappointments to the Heating, Ventilating, Air Conditioning Board as follows: John Rudberg HIMEC, Inc. 2312 Telemark Lane N. W. and William Keehn Alpek, 440 Valhalla Ct.. The three year terms will expire November, 1984. Ayes (5), Nays (0). Motion carried. Strain moved, Allen second to approve the following reappointments to the Downtown Development Advisory Board: Richard Ehri ck, °`. R RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL 17:171 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - February 16, 1982 Agenda Item C-3 Marquette Bank Building, Charles Pappas 15 South Broadway, Robert Gill, Liaison for Planning and Zoning Commission and James C. Zwiener' New York Life Insurance , Marquette Bank Building. Terms expire on December 31, 1984. Ayes (5), Nays (0). Motion carried. C-4 Allen moved, Strain second to table the Reappointments to.the Plannin( and Zoning Commission as follows: Michael Fogarty , 2001 5th Ave. N. I Dr* Paul Zollman 819 Memorial Parkway and Cynthi.a Daube 1130 6th St. S.W. Three year terms would run until December, 1984. Ayes (5), Nays (0). Motion carried. This was tabled until a full Council is present. C-5 Bluhm moved, Powers second to approve the following reappointments to the Cable TV Advisory Committee: Dave Shulman of 2026 Telemark Ct. N. W. and Dwain Johnson of 2819 34th Avenue S. E. The three year terms will expire on December 31, 1984. Ayes (5), Nays (0). Motion carried. C_-6 Strain moved, Allen second to approve the following appointments to the Music Board: Louis M. Ohly, 912 8th St. S. W. Barbara Hartger, 1905 26th Avenue. N. W. Both at.large. Norma.Shultz 1939 7th Avenue S.E. (First ward), Loya Lavoi 1514 7th St. N. E. (Fourth Ward) and Vincent Hollaren 1655 Wilshire Dr. ( Fifth Ward. These people replace Linda Boman, Bruce Qualey, Linde Lowell, Joanne Pieper and Jill Gill. The terms of the At Large, First and Fourth Ward members will expire Jan. 1985. Member of the Fifth Ward will;fill the unex- pired term of January 1983. Ex Officio Non -Voting members: E. Jeff Robertson 5630 Heather Dr. S. W., Vickie Gulli.ckson 2410 20th St. N. I and Carl F. Anderson 624 9th Avenue S. W. The following At 1a'rge members shall be reappointed for a three year term expiring Jan. 1985 Phillip Henoek, Dr. John Edmonson, Emmerson Ward and Nancy Lee Sherdei Ayes (5), Nays (0). Motion carried. C-7 Allen moved, Powers second to approve the following appointments to the Building Code Board of Appeals: John Benike 3718 Willow.Heights Dr. and Arlen Singfiel 3819 Second St. N: W.These people will fill the '.expired terms of Robert E. Richmond and Richard Hexum whose r: terms expire November, 1983. Ayes (5), Nays (0). Motion carried. C-8 Powers moved, Strain second to approve the following appointments to the Citizen's Advisory Committee on Transit: Saul Carliner of 2011 Viking Dr. N. W.. Mr. Carliner will fill the term of Peter Fedor o who resigned. Ayes (5), Nays (0). Motion carried. C-9 Allen moved, Strain second to approve the following appointments to the Historic Preservation Committee:. Michael. J.:Wil.kus of 2010 5th Ave, N.E., Anne C. Dinapoli 910 9th Avenue S. W. and Rex L. Savage 103 3rd Ave. S. W:. They replace William T. Barnes,.Samuel.Allen and Kathy Nolan. Ayes (5), Nays (0). Motion carried. E. 1 Powers moved, Strain.second to approve Resolution No. 68-82 opposing the Imposition by the State of Minnesota of a Tax on Solid Waste Disposed of in a Sanitary Landfill.' Ayes (5), Nays (0): Motion ca,rri,ed., J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - February.16, 1982 Agenda Item E-2 Powers moved, Bluhm second to instruct the City Attorney to prepare an Ordinance amendment increasi:ng the Housing (rental) Registration Fees to $4.00 per unit. This will be effective April 1, 1982. Alderman Bluhm suggested that this be considered as a public hearing before the final reading of the ordinance. The hearing will be held on March 1, 1982. _Ayes (5.), Nays_(0). Motion carried. E-3 Powers moved, Allen second to approve the following solid waste coll- ector's applications contingent upon the necessary approval by the Health Department. B.F.I.Waste Systems - 12 trucks, George Fenske Sanitary Service Inc. 9 trucks, Kirkham Waste Removal Services 5 truc Stanley Watson 4 trucks, Vagt's Hauling Service 3 'trucks, William Watson 1 truck. The Health Department has indicated that two trucks owned by Mr. Watson need to be inspected and approved.by the Health Department. Ayes (6), Nays (0). Motion carried. - E-4 Allen moved, Strain second to adopt Resolution No. 69-82 setting a date for hearing of March 15, 1982 on the vacation of 12th Avenue N. I Bel Aix Subdivis-i.on. Ayes (5), Nays (0). Motion carried. E-5 Bluhm moved, -Allen second to approve Change Order 13 for Water Re- clamation Plant Construction. -This order consists of 16 items. in a net additional cost of $98,395.00. byes (5), Nays (0).. Motion carried.. E-6 Strain moved, Allen second to approve Change order No. 14 for Water Reclamation Plant Construction which consists of 4 items in an additional cost of $86,712.00. Ayes (5), Nays (0). Motion carried. E-7 Powers moved, Bluhm second to adopt Resolution No. 70-82 approving a resolution of the Public Utility Board to enter into a purchase order agreement with Mr. Fredrick A. Ulrich Adams, Mn. for furnishing lot for proposed well site No. 29 at a cost of $14,500.00. This is subject to ittle examination and approval by the City Attorney. Ayes (5), Nays (0). Motion carried. E-8 Allen moved, Bluhm second`to�approve the Jollowing licenses and bonds D & M Amusements, Inc. ( R:ichard-Stieler, Presi& n t of Albert Lea..,Mn for their Carnival License for May 19 thru 23 at Apache Mall Shopping Center. Carl F. Bainter, Carlton Lounge requested approval of a Gambling License on behalf of the Hiawatha Children's Home for March 11, 1982. They will conduct a raffle. Bond requirements have been waived. Gary M. Sharp of Rochester Repeater Society for a single raffle license to be conducted on April 3, 1982. This is for an event known as the Hamfest. Bond Requirements have been waived. Renewal Licenses are as follows:Sam's Plumbing and Heating, 3500 112 Hwy 63 South, $5,000.00 bond has been submitted, this is for Heating, Ventilating and Air Conditioning Contractors. Heating, Ventilating and Air Conditioning Master Installers was submitted by Sam's-Plumbinc and Heating of 3500 112 Hwy 63 South. The bond was submitted. Request for a Master Plumbers was received from Warren Zimme n of Blaine, Minnesota. His bond was received in the amount of �,000. 6 E RECORD OF OFFICIAL :PROCEEDINGS OF THE COMMON COUNCIL 1719 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 26 - February'l.6, 1982 Agenda Item E78 Application for Sewer and Drain license was received from B & D Construction, Inc. 1005 11*th-Street S. W., Rochester, Minnesota. A bond was submitted for $1,000.00 and from �) & H Excavating 1005 11 th St. S. W. A bond in the amount of $1,000.00 was received. Ayes (5), Nays (0). Motion carried. E-9 Allen moved, Strain second to approve the Accounts payable ( list attached) semi-monthly in -the amount of $849,020.44. Ayes (5), Nays (0). Motion carried. E-10 Powers moved, Bluhm second to adopt Resolution No. 71-82 approving the application to vary the provisions of Paragraph 67.400 (a) of the Rochester Zoning Code to allow a single family dwelling to be constructed 1.1' below the flood protection elevation on property located at 1938 2nd St. N. W. Ayes (5), Nays (0). Motion carried. E-11 Powers moved, Bluhm second to approve the low bid for Project 5815-81 J 8745 S.A.P. 159-127-01 - Street Reconstruction on Northern Heights Drive from North Broadway to 7th Avenue N. E. The bid of $298,938.45 submitted by Progressive Contractors, Inc. of Osseo, Minnesota. Ayes (5), Nays (0). Motion carried. Resolution No.72-81. E-12 Allen moved, Strain second to adopt Resolution No. 73-81 approving the 1982 Maintenance Agreement between the County of Olmsted and the City of Rochester, and authorizing the Mayor and City Clerk to sign said agreement. This is for 11.00 miles of County State Aid and County Highway within the corporate city limits. The City will be responsible for maintenance and the -County will pay $2,270.00 per mile per year to the City for said maintenance. Ayes (5),! Nays (0). Motion carried. E-13 Strain moved, Bluhm second to adopt Resolution No. 74-82 and 75-82 declaring the costs to be assessed and ordering a hearing on New. Sidewalk Project No. 3-1981 J 8756. The hearing will beheld on March 15, 1982. Ayes (5 ), Nays (0). Motion carried. E-14 Powers moved, Strain second to adopt Resolution No. 76-82 approving a Supplemental Agreement No. 4,for Project No. 6306-4-80 with Road Constructors Inc.•increasing•the contract by $1,805.08. This project is J 8728. Ayes (5), Nays (0). Motion carried. E-15 Strain moved, Allen second to adopt -Resolution No. 77-82 deleting Par, graph (3.5) of Section I Parking Meters Zone- 12 minute: -Parking. Ayes (5), Nays (0). Motion carried. E-16 Allen moved, Bluhm second to adopt Resolution No. 78-82 authorizing the City Clerk to advertise for the following bids: One 27,800`GVW Chassis and dump box with diesel,engine. One 10,000 GVW chassis and One sewer rodding machine. Bids will be opened at 11:00 A.M. on March 8, 1982. Ayes (5), Nays (0). Motion carried. 1720 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 Allen moved, Strain second to adopt Resolution No. 79782 approving a resolution with the Public -Utility Board approving an:Engi.neering Services Agreement with Harza Engineering Company for Phase III Engineering for the Lake Zumbro Dam at a cost not to exceed $70,000. Ayes (5), Nays (0). Motion carried. Strain moved, Bluhm second to adopt Resolution No. 80-82 approving a resolution with.the-Public Utility Board to enter into a purchase order agreement with Pitney Bowes, Inc for an Integrated,Mailing System at a cost of $20,897.00 Ayes (5), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 81-82 approving a resolution of the Public Utility Board to enter into a purchase order agreement with Phelps Dodge Cable -for Stranded copper at•a cost not tc exceed $27,809.31. Ayes (5),.Nays (0)..Motion carried.. An Ordinance Rezoning property.to 13-3 General Business District in Block 59 Original Plat- Parcel A and B ( Pfaff's 315 First Ave. N.W.) was given its first reading. An Ordinance Rezoning property to B-4 General Business District in Section 16, Township 107N R 14W-7.04-acres( Pennington Property) was given its first reading. This is property located North of 22nd Ave. and N. E. of Viking Olds. An Ordinance Relating to Housing�Registration'Fees( Rental ); Amendinc Rochester Code of Ordinances, Sec. 38.13. Fees increased from $3.00 to $4.00. was.:given jits .first readi,.ng. An Ordinance Relating to Annual License and Permit Fees, Providing fol an Increase in Various Fees, Amending R.C.O. 102.03, 125.18, 125.32, 126.08 and 126.09 was given its second reading. Allen moved, Strain second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. Having no further business, Powers moved, Strain second to adjourn the meeting. Ayes (5), Nays.%(Q): Motion carri City Clerk Information: 1. Standing Committee Minutes of Jan. 18., 1982 and February 1, 1982. 2. Summons to District Court.- Riverside Partners -Alvin E. Benike, e I