HomeMy WebLinkAbout03-15-1982RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
17?5
ourned Meetinq No. 28 - March 15. 1982
Agenda
Item
A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Bluhm,
Duffy, Powers, Solinger and Strain. Alderman Allen arrived at 7:45
P.M. Absent : None.
Sol'inger moved,Duffy second to approve the minutes of the March 1,
1982 meeting. Ayes (6), Nays (0). Motion carried.
B-1 A Hearing on the Petition to vacate a 5 foot walkway, Utility Easemen
and a portion of the right-of-way of 12th Avenue N. W. as platted
in =Bel Air Fourth Subdivision. Wishing to be heard was Bill Tointon
of 1645 6th Avenue N.W. and was present for any questions the Council
may have. He was representing the petitioner. Wishing to be heard
was Douglas Leimer of 3608 13th Avenue N.W. Would not support the
replatting of this property He is not in favor of churches being
built in the area. Wishing to be heard was LeRoy Wood of 1307 2nd
Street S. W. and is a member of the church that is being built in
the area. He stated that the land has been bought. Alderman Duffy
questioned what was wrong with a church in the area. He was told tha-
I traffic and no access on 37th only on llth Avenue N W. was the
objection. This was told to Alderman Duffy by Don Ferguson of 2321
14th Avenue N. W. Having no one else present that wished to be heard
President Postier closed the hearing. Bluhm moved, Solinger second
to adopt Resolution 94-82 approving the vacation subject to the
petitioners vacating al'l of 12th Ave. N.W. and the unneeded easements
lying north of 34th Street N. W. right-of-way and also replat the prol
to be sold to the church as well as those lots to be retained which
now have frontage only on 12th Avenue N. W. Ayes (6), Nays (0).
Motion carried.
B-2 A Hearing on the Petition to Change the Zoning District from R-1
(Single Family Residential ) to R-2 ( Low Density Residential ) on
16.72 Acres of Vacant Land between 55th Street Estates Subdivision an(
T.H. 52. Wishing to be heard was George Restovich, Attorney represent
ing Don Schmidt the owner and urged the Council to approve this
petition. He also stated that the Planning and Zoning Commission had
approved this petition. Wishing to be heard was Frank Diebenaler of
5810 Manor Ct. N. W. and is opposed to this petition. He stated that
developers know that land is zoned R-1 when it becomes part of the
City.( Alderman Allen arrived 7:45). Having no one else present that
wished to be heard, President Postier closed the hearing. Powers mov(
Strain second to instruct the City Attorney to prepare an Ordinance
making the change. Ayes (7),Nays (0).
.B-3 A Hearing on the Consolidated Planning and Zoning Commission initiate(
petition to amend the Urban Service Area Land Use Plan on Block 59 of
the Original Plat, Excluding Pfaff's Bar Site, Bounded by Third St.
N. W., First and Second Avenue N. W. and the Chicago and Northwestern
Railroad from Industiral to Commercial and High Density Residential.
Wishing to be heard was Tony Love, Onwer of the property at 105 3rd
St. N. W. He was worried about the use of his property if this
was amended. The Council stated that the use will be grandfathered
in if this is adopted. Having no one present that wished to be heard.
lerty
1726 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
"
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - March 15, 1982
President Postier closed the hearing. Allen moved, Duffy second
to adopt Resolution No. 95-82 amending the Future Land Use Map.
Ayes (7), Nays (0). Motion carried.
A'Hearing on the Application for.Planned Unit Development.( Final
Plan ) of Innsbruck located on 50th Street N. W. Having no one prese
that wished to be heard, President Postier closed the hearing. Bluhm
moved, Duffy second to adopt Resolution No. 96-82 approving the
plan. Ayes (7), Nays (0). Motion carried.
A Hearing on the Application for Final Plat of Innsbruck Townhouses
located on 50th Street N. W. to be known as Frana First Subdivision.
Having no one present that wished to be heard, President Postier
closed the hearing. Duffy moved, Solinger second to adopt Resolution
No. 97-82 approving the plat. Ayes (7), Nays (0). Motion carried.
A Hearing on the Suggested Land Use Plan Text Amendments Relating
to Proposed Park Policies. Having no one present*.that wished to be
heard, President Postier closed the hearing. Duffy moved, Bluhm
second to adopt Resolution No. 98-82 instructing the City Attorney
to prepare the necessary documents making the.change. Ayes (7),
Nays (0). Motion carried.
A Hearing on the Proposed Assessment for New Sidewalk Project No.
2-1978 ( J 8638 and a.Pedestrian Bridge, 3rd Avenue N. W. from 14th
Street to 19th Street N. W. Having no one present that wished to be
heard, President Postier closed the hearing. Solinger moved, Strain
second to adopt Resolution No. 99-82 approving the assessment.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed Assessment on Sidewalk Replacement Project
No. 1-1980 J 8726. Wishing to be heard was John Harrington of 915
7th Avenue N. W. and wondered who marked the sidewalks. He stated
that he had one more replaced then was marked. Roger Plumb, Public
Works Director stated that he would look into this. Wishing to be
heard was Mildred Dunnett of 1008 8th Avenue N. W. and also stated
that she had an additional square taken out because of negli.gence
of the workers. This will also be checked. Having no one else
present that wished to be heard, President Postier closed the hearing
Solinger moved, Strain second to adopt Resolution No. 100-82 accepting
the assessments. Ayes (7), Nays.(0). Motion carried.
A Hearing on
Having no one
the hearing.
82 accepting
the Proposed
present that
Bluhm moved,
Assessment on
wished to be
Powers second
the assessments. Ayes(7),
New Sidewalk Project No. 3-198
heard, President Postier close
to adopt Resolution No. 101-
Nays (0). Motion carried. J8731
B-10 A Hearing on the Proposed Assessments on New Sidewalk Project No. 2-'.
1981 J 8755. Having no one present that wished to be heard, President
Postier closed the hearing. Allen moved, Duffy second to adopt -
Resolution No. 102-82 accepting the assessments. Ayes (7), Nays (0).
�1
J
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
1727
r1
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - March 15, 1982
Agenda
Item
B-11 A Hearing on the Proposed Assessment for Project No. 6233-1-81 J 8760
Construct Sanitary Sewer and Watermain to serve the Church of the
Nazarene Property at 33rd Street N. E. Having no one present that
wished to be heard, President Postier closed the hearing. Strain
moved, Bluhm second to adopt Resolution No. 103-82 accepting the
proposed assessments. Ayres (7), Nays (0). Motion carried.
B-12 A Hearing on the Proposed Assessment on Project No. 5821-80 J 8725
Watermain extension along west r.o.w. T.H. 52 from inplace main on
19th Street N. W. to inplace main located approximately 345' north
of 19th Street V.W. Wishing to be heard was J.B.Bagne of 2018
26th Avenue N. W. and objects to this assessment. He stated that
he receives no benefit from it. Fred Suhler, City Attorney reminded
the Council that this has been in litigation once. Francis Brennan
City Water Department Superintendent stated that Mr. Bagne has never
paid for an.established water system. He hooked into an existing
water system. This watermain was also needed for added fire protectio .
Having no one else present that wished to be heard, President Postier
closed the hearing. Powers moved, Bluhm second to adopt Resolution
No. 104-82 accepting the assessments. Ayes (7), Nays (0). Motion
carried.
C-1 Allen moved, Strain second to approve the Mayor's appointment to
the Citizen's Advisory Committee on Transit of Bill Malleris of
1306 7th St. N. W. This fills the vacancy of Ruth Green. Ayes (7)
Nays (0). Motion carried.
C-2 Duffy moved, Bluhm second to approve the Mayor's appointment to
the International Affairs Committee of Long H. Ho 428 6th St. S. W.
and Shamsher Singh of 1507 34th St. N. W. Ayes(7), Nays (0). Motion
carried.
E-1 Duffy moved, Bluhm second to adopt Resolution No: 105-82 approving
the agreement with the Rochester Development Company to terminate
the present lease and management agreements between the City of
Rochester and the Rochester Development Company. Ayes (6), Nays (0).
Alderman Allen abstained. Motion carried.
E-2 Solinger moved, Bluhm second to authorize the Mayor and City
Administrator to enter into a contract to purchase the necessary
easement for the west sidewalk approach to the pedestrian bridge
over T. H. 52 North over Low -Drennan Property for the amount of
$5,070.00. Ayes (7), Nays (0). Motion carried.
E-3 Solinger moved, Allen second to approve the request from the
Rochester...Methodist Hospital for the 3rd Annual Life Run and Family
Health Affair. This is to be held May 1 and 2, 1982. Ayes (7),
Nays (0). Motion carried.
E-4 Solinger moved, Bluhm second to adopt Resolution No. 106-82 granting
relief from the Fire Marshall's orders against the Connolly Motel
at 424 Third St.S. W. This is to install a sprinkler system.
Ayes (7), Nays (0). Motion carri,ed.
1728
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E-5
E-6
Adjourned Meeting No. 28 - March 15, 1982
Strain moved, Duffy second to adopt Resolution No. 107-82 approving
the corporate reorganization of Teleprompter currently held by
Northeast Minnesota Cable TV, Inc. to Teleprompter and thence to
Group W Cable, Inc. Ayes (7), Nays (0)..Motion carried.
Powers moved, Strain second to approve the following licenses and
bonds: N. Ross Becken of N.Ross Ltd. ( Tobacco shop ) located at
the Zumbro Hotel for a Cigarette License. Request received from
Stanley Geel representing the Physical Therapy Program at the Mayo
Clinic for approval of a single raffle on April 16, 1982 at the
Mayo Medical building. Council waived the bond requirement.
Request received from the Senior Citizens Services Inc. for an
Annual Bingo license. Bingo operations would be held in the Senior
Citizens Building at 121 North Broadway. Bond -requirements have
been waived. The following are Renewal Licenses: Off -Sale Liquor
to Andy's Crossroads - 56 Crossroads Center - Bond in the amount of
$1,000.00 to Casualty American Ins. Co.; Brown's Broadway Liquor,
602 North Broadway -Bond in the amount of $1,000. to Transamerica
Insurance Company; Daly Liquor, Inc. 1318 Apache Dr. - Bond to
St. Paul Fire and Marine Ins. Co. in the amt. of $1,000.00;.
Deluxe Liquor of Northbrook, Inc. -1635 Northbrook Shopping Center
Bond in the amount of $1,000. to Travelers Indemnity Co.; Downtown
Budget Liquor - 15 Second St. S. E.- Bond in the amount of $1,000.
to Capitol Indemnity Corp.; Gopher Liquor - 15 First Avenue S. W.
Bond in the amount of $1,000. to Western Surety Corp.; Haskell's
Incorporated 205 Fourth St. S. E.-Bond in the amount of $1,000.00
to St. Paul Fire and Marine Ins. Co.; Hillcrest Liquor Inc. -1618 Hwy
52 North Bond in the amt. of $1,000. to Capitol Indemnity Corp;
Huey's Liquor , 325 South Broadway -Bond in the amount of $1,000.
to Capitol Indemnity Corp.; Joe's Liquors, Inc. 2 17th Ave. N. W.
Bond in the amount of $1,000. with Fidelity and Deposit Co.;
Northgate Liquor Store - 1120 7th St. N. W.; Bond in the amount of
$1,000. Travelers Indemnity Co.; Valhalla Liquor Dealers 308
Elton Hills Drive -Bond in the amount of $1,000. with American Ins.
Company; Viking Liquor -1152 7th Avenue S. E. Bond in the amount of
$1,000. with Transamerica Ins. Co. The following Club On -Sale
Licenses have been submitted for approval: Wm T. McCoy Post # 92
American Legion at 17 North Broadway- A bond has been submitted for
$3,000.00 to Western Surety Company; AFL-CIO Labor Club,4 4th Street
S. W. A bond in the amount of $3,000.00 with Western Surety Company
was submitted; Fraternal Order of Eagles Aerie 2228, Inc. 407-411
First Ave. S. W. A bond in the amount of $3,000. with Western Surety
Company was submitted; Rochester Lodge No. 1091 BPO Elks of the USA
a bond in..the amount of $3,000. with Western Surety Company was
submitted; Rochester Lodge 2128 Loyal Order of Moose 915 21st Ave.
S.E. a bond in the amount of $3,000. with Auto Owners Inc. Co. has
been submitted; Veterans of Foreign Wars 16 6th Street S. W. A bond
in the amount of $3,000. with Hartford Accident and Indemnity
has been submitted. The following Wine Licenses have been submitted
for your approval: Broadstreet Cafe at 723 Second St. S. W. A Bond
I
in the amount of $3,000.00 with North River Ins. Company.;
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL -17449
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - March 15, 1982
Agenda
Item
E-6 Denny's Inc. 1226 South Broadway. A Bond in the amount of $3,000.
has been submitted with Federal Insurance Company.; Pizza Villa
530 llth Avenue N. W. a bond in the amount of $3,000.00 has been
submitted with St. Paul Fire and Marine Ins. Co.; Red Owl Stores,Inc.
1605 North Broadway. A bond*in the amount of $3,000.00 with
Aetna Casualty and Surety Company has been submitted. Primarily
Pizza 114 South Broadway. A bond in the amount of $3,000. has been
submitted. Sewer.and Drain license request received from Badger
Water and Sewer. A Bond in the amount of $1,000. has been received
from Capitol Indemnity. ( The issuing of this bond is pending
department approval). A Request for A Heating Ventilating and Air
Conditioning ( Master Installer ) received from William Krause of
Green Bay, Wisconsin .::This is pending department approval and receipi
of a bond. Application was received from St. Pius X Church for
approval of a tempor.ary*.Non-Intoxicating Malt Liquor (3.2) beer
license for the annual St. Patrick's Party on March 17, 1982.
Ayes (7), Nays (0). Motion carried.
E-7 Allen moved, Solinger second to approve the Accounts Payable in the
amount of $1,037,795.39 (list attached ) These are submitted semi-
monthly. Ayes (7), Nays (0). Motion carried.
E-8 Bluhm moved, Powers second to adopt Resolution No. 108-82 approving
the awarding of the low bid of $26,256.00 with Ace Truck. This is for
an International chassis with a Heil box . Ayes (7), Nays (0).
Motion.carried.
E-9 Strain moved, Duffy second to adopt Resolution No. 109-82 approving
the awarding of the low bid of $ 8,392.42 with Interstate:GMC
Company for a 10,000 GVW chassis on which the sewer rodder will be
mounted. Ayes (7), Nays (0). Motion carried.
E-10 Solinger moved, Allen second to adopt Resolution No. 110-82 approving
awarding the low bid of $15,961.60 to Flexible Pipe and Tool
for a Sewer Rodder to be mounted on a 10,000 chassis. Ayes (7),
Nays (0). Motion carried.
E-11 Allen moved, Strain second to Adopt Resolution No. 111-82 approving
the low bid of Universal Ford for a sub -compact front wheel drive
sedan for the Traffic Engineer's Dept. This is without the trade-in.
The amount is $5,561.62. Ayes (7), Nays (0). Motion carried.
E-12 Bluhm moved, Strain second to adopt Resolution No. 112-82 approving
Interstate GMC for the low bidder on a 8 cylinder diesel and one
gasoline model pickup trucks. The total cost of one diesel and one
gasoline model would be $15,835.00. Alderman•Solinger reminded the
Council that diesels take more maintenance. Roger Plumb, Public
Works Director stated that they have good mileage and.maintenance on
the diesels that they have had before. Ayes (7), Nays (0). Motion
carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
E-13
E-14
E-15
E-16
E-17
Am
E-19
E-20
Adjourned Meeting No. 28- March 15, 1982
Solinger moved, Strain second to adopt Resolution No. 113-82 authori
ing the City Clerk to advertise for bids on Liquid Asphalt, Aggregate
products, washed sand .gravel and crushed rock and Plant mixed
bituminous. Bids will be opened at 11:00 A.M. On March 30, 1982.
Ayes (7), Nays (0). Motion carried.
Strain moved, Duffy second to approve the creation of two positions
in the Music Department - One will be a full time clerk typist
position and the other a part-time assistant managers position. Ayes
(7). Nays (0). Motion carried.
Duffy moved, Solinger second to adopt Resol.ution No. 114-82 that
exempt employees of the Fire Department who hold the position of
Assistant Chief be granted a salary adjustment so that said
employees be paid one and one - half times their daily salary when
assigned to work on a regular shift on a legal holiday. Ayes (7),
Nays (0). Motion carried.
Duffy moved, Solinger second to adopt Resolution No. 115-82 approving
the Music Contract - Rochester Symphony Music Director for the
period from July 1, 1982 to July 1, 1984. The contract calls for
$28,000. from July 1 1982 to July 1,1983. The salary for the:period
from July 1, 1983 to July 1, 1984 to read $31,000. Ayes (7), Nays
(0). Motion carried.
Solinger moved, Powers second to approve the Transfer of the Comm-
unity Development Block Grant Peogram as follows: Currently -
B-79-MC-27-005 1996 Contingency $76,068.05 - Commitments - 0
Balance $76,068.05 Transfer Results $71,068.05. B-78/79-MC-27-005
2015 Site Acq. $149,708.88 Commitments $95,000 ( Fontaine and
$54,500 - Homestead Green ) Balance $208.88 Transfer Results
$5,208.88. Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to adopt Resolution No. 116-82 approvin
the request to Initiate Orderly Annexation Proceedings on the Bill
Johnke Lincoln Mercury Property and vacant Land West to East River
Road. Ayes (7), Nays (0). Motion carried.
Duffy moved, Allen second to adopt Resolution No. 117-82 approving
the application for the General Development Plan of Meadow Hills
located East of Highway 52 at 25th Street S. W. Ayes (7), Nays (0).
Motion carried.
Solinger moved, Strain second to adopt Resolution No. 118-82 authoriz-
ing the City Clerk to advertise for bids on Project No. 8110 J 8771
Watermain extension from existing 12" Watermain in Kroger Co. First
Subdivision to the west line Chicago and Norhtwestern Railroad and along
the west line Railroad Property and County State Aid Highway No. 4
to the west line Section 21, Cascade"Township. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 17g3i
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - March 15, 1982
Agenda
Item
E-21 Powers moved, Bluhm second to adopt Resolution No. 119-82 and 120-82
ordering a feasibility report anda hearing to be held on June 7,1982
on Project No. 5619-82 J 8773 Construction of Concrete Curb and Gutte
Base and Surfacing on 17th Avenue S. E. from loth Street S. E. to
North Frontage Road Trunk Highway No. 14. Ayes-(7), Nays (0). Motion
carried.
E-22 Solinger moved, Bluhm second to adopt Resolution No. 121-82 amending
the Comprehensive Parking Resolution as follows: Delete Para. (9)
of Zone D ( 60 minute parking of Section H. Limited Parking Zones.
(9) First Avenue S. E. on both sides of the street between Center
and First St. and on the east side between First St. and Second St.
S.E. 2. Add Para. (7A) to Zone E (90 minute parking) of Sec. H
Limited Parking Zones..(7A) First Avenue S. E. on both sides of the
street between Center and First St. and on the east side between
First St. and Second St. S. E. 3. Delete Para. (7) of Zone D ( 60
Minute Parking ) of Sec. I, Parking Meters. Ayes (7), Nays (0).Motion
carried.
E-23 Bluhm moved, Strain second to adopt Resolution No. 122-82 authorizing
the City Clerk to advertise for bids to be opened at 11:00 A.M.
on April 8; 1982 for Signal Modification at 1st Avenue and 1st St. S.
W. and at 1st Avenue and West Center Street. Ayes (7), Nays (0).
Motion carried.
F-1 Strain moved, Powers second to adopt Resolution No. 123-82 approving
a Resolution of the Public Utility. Board approving a purchase order
for 12 Heater Blanks for Thaw Shed ( where railcars of coal are
thawed out ) with Johnson -March Company in the amount of $17,642.00.
Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning Certain Property to R-2 Low Density Residential
District known as property East of 55th Street ( Pennington Prop.)
as given its first reading.
F-1 An Ordinance Rezoning Certain Property creating a Planned Unit Dev-
elopment District known as PUD-R-59 and Amending Ordinance No. 1659
known as the Zoning Ordinance of the City of Rochester, Minnesota
-Lot 1, Block 1, Frana First Subdivision - was given its first reading
Sol.inger moved, Powers second to suspend the rules and give this
Ordinance a second reading. Upon Roll Call vote Aldermen Allen,
Bluhm, Duffy, Powers, Solinger and Strain, and President Postier voted
aye. Ayes (7), Nays (0). Motion carried and the Ordinance was given
its second reading. Ayes (7), Nays (0). Motion carried.
F-1 n Ordinance Rezoning Certain Property and Amending Ordinance No.
1659 known as the Zoning Ordinance 1659 known as the Zoning Ordinance
to Rezone B-3 General Business District on Pfaff's 315 1st Ave. N.W.
as given its second reading. Allen moved, Bluhm second to adopt
the Ordinance. Ayes (7), Nays (0). Motion carried.
F-_l �1659
An Ordinance Rezoning certain Property and Amending Ordinance No.
to B-4 General Business District ( Pennington Property N.E.
1 7Q'-'0'2 RECORD OF OFFICIAL PROCEEDINGS- OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - March 15, 1982
Agenda
Item
F-1
F-1
G-1
G= 2
Northeast of Viking Olds ( Approx. 7 acres) was given its second
reading. Solinger moved, Duffy second to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
An Ordinance Relating.to Housing.Registration Fees; amending Rochester
Code of Ordinances, Section 38.13 was given its second reading.
Bluhm moved, Solinger second to adopt the Ordinance as read. Ayes
(7), Nays (0). Motion carried.
Bl.uhm moved, Allen second to remove the Olmsted County Planning
and Zoning Commission initiated Land Use Plan Amendment changing
the Adopted Land Use Plan from medium density residential and public
to commercial and low density residential for Lot 4, Block 2,
Eastgate Commercial Park and for an area 300 feet deep along the
South side of Eastwood Road for a distance of 1400 feet to the East
City Limits line.from the table. Ayes (7), Nays (0). Motion carried.
Solinger moved,.Allen second to.adopt Resolution No. 124-82 making
the changes conforming to the present zone in the area. Ayes (7),
Nays (0). Motion carried.
Allen moved, Solinger second to remove the Reappointments to the
Planning and Zoning Commission from.the table. Ayes (7), Nays (0).
Motion carried. Bluhm moved, Solinger second to approve the
Mayor's Reappointment to the Planning and Zoning Commission of
Michael Fogarty, Dr. Paul Zollman and Cynthia Daube. Terms will
expire December, 1984.. Cynthia Daube of 1130 6th Street S. W. was
present and stated she would appreciate being reappointed.. She than
them for the past appointment and would like to serve on this board
again. .Ayes (7), Nays (0). Motion carried.
Having no further business, Allen moved, Bluhm second to ajdourn the
meeting. -Ayes (7), Nays (0). Motion carried.
City Clerk
Information 3-15-82
1. Notice of Rate Increase -:Peoples Natural Gas.
I