HomeMy WebLinkAbout02-16-198217-14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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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
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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
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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!
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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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, °`.
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 26 - February 16, 1982
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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
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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.
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RECORD OF OFFICIAL :PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 26 - February'l.6, 1982
Agenda
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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.
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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.
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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.
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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
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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
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