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HomeMy WebLinkAbout02-04-19852354 Agenda Item A-1 C-1 C-2 C-3 C-4 D-1 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25- February 4, 1985 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Powers, Solinger and Strain. Absent: Aldermen Bluhm and Duffy. Powers moved, Allen second to approve the minutes of the January 21, 1985 meeting. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to approve the Mayor's appointments to the Human Rights Commission as follows: Frank Hawthorne of 427 6th Street S. W.; Kathryn M. Snyder of 219 6th Avenue S. W. # 3 Anita Bunting - 602 Northern Hills Drive N. E. # 90, Brian Schroeder of 521 llth Ave. S. E. Mr. Hawthorne and Ms. Snyder will have three year terms ending in May 1988 and Ms. Bunting will replace Ruth Ann McCaleb with a term ending May 1, 1986 and Mr. Schroeder will replace John Hawk with a term ending May 1, 1987. Ayes (5), Nays (0). Motion carried. Allen moved, Strain second to approve the appointment by Mayor Hazama of Harold J. Smith of 1507 9th Avenue S. E. to the Internatioi Affairs Committee. Mr. Smith will fill the vacancy created by the resignation of Ben DeWitt. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to approve the following appointments by Mayor Hazama to the Rochester Public Library Board: Beatrice "Bix" Stewart of 1535 Graham Court S. E. and Paul E. Clavadetscher of 2722 5th Avenue N. W. Their three year term will end in January 1988. They ill the expired term of Margaret Thompson and Robert Ploetz. Faith Reilly of 610 12th Avenue S. W. was reappointed and the term ends January, 1988. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to approve the following appointment by Mayor Hazama to the Zoning Board of Appeals as follows: John Finstrom of 1416 45th Street N. W. Mr. Finstrom will replace Bob McIntosh. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 39-85 referring the petition for local improvement in Apple Ridge Subdivision to the Public Services Department for a feasibility report. Ayes (5), Nays (0).Motion carried. Solinger moved, Allen second to adopt Resolution No. 40-85 calling for a public hearing to be held on March 4, 1985 on the proposed application for Industrial Revenue Bonds - Financing for the Rochester Methodist Hospital in the amount of $46,015,000. Ayes (5), Nays (0).Motion carried. al RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 4; 1985 Agenda) Item E-2 Powers moved, Strain second to approve the transportation license applications for the following: Fenske Sanitary Service - 9 vehicle Kirkham Waste Removal - 5 vehicles ; BFI -13 vehicles, Vagt's Hauling Services =3 vehicles, Randy's Sanitary Service -1 vehicle, Rod Watson Recycling - 1 vehicle, Stan.Watson Rubbish - 5 vehicles (immediate approval for # 24 and 31, vehicles # 27, 23 and 36 would be contingent on passing County inspection.) Ayes (5), Nays(0). Motion carried. This is for the County Solid Waste Collectors. E-3 Strain moved, Allen second to approve.the following licenses and bone Application for a Master Installer's License for Heating, Ventilatin, and Air Conditioning received from Jeffrey Krosh, Plymouth., Mn. and Leon Dulas Alden, Minnesota.These both expire December 31, 1985. The following renewal licenses have been submitted: Heating, Vent- ilating and Air -Conditioning - Contractors (2) - Burner Service and Combustion Controls - Fred Keller of Minneapolis, Mn. and Gander Plumbing and Heating, Inc. - William L.Gander of Rochester, Minnesota Master Installer - (1). William Gander of Rochester, Minnesota. Master Plumber (1) - J & M Plumbing and Heating - James L. Klingspori of Rochester, Minnesota. Sewerand Water (1) - S. L. Contracting, Ina of Kasson, Mn. Sidewalks -Cement (1). Donald L. Prow of Rochester,Mn Bonds have been submitted. Ayes (5),;Nays (0). Motion carried., E-4 Allen moved, Strain second to approve the Accounts Payable ( semi- monthly ) in the amount of $884,004.29. Ayes (5), Nays (0).Motion carried. ( list attached ). E-5 Strain moved, Allen second to adopt Resolution No. 41-85 closing completed projects and authorizing the transfer of the unexpended balances. Net funds transferred $71,801.96. Ayes (5), Nays (0). Motion carried. E-6 Strain moved, Allen second to adopt Resolution No. 42-85 closing completed projects and authorizing transfer of the unexpended balances. The net amount of funds transferred is: Series 0 - $72,216.84; Series P $59,019.64 ; Series Q $195,035.42. Ayes (5), Nays (0).Motion carried. E-7 Powers moved, Strain second to adopt Resolution No. 43-85 and 44-85 authorizing the City Clerk to advertise for bids on the following: 1. 3/4 ton pickup truck and 2. 4-wheel industrial tractor. Bids to be opened at 11:00 A.M. on February 25, 1985. Ayes (5), Nays (0). Motion carried. E-8 Solinger moved, Powers second to adopt Resolution No. 45-85 setting a hearing for March 18, 1985 on the petition to vacate the 10' Utility Easement on the common line between Lots 4 & 5, Block 3 and the 10' Utility Easement on the common line between lots 1-6 and 7-9, Block 3, all in Radichel 1st Subdivision. This is subject to the condition that the developer work with Northwestern Bell in relocating the tlephone cable and provide the other necessary utility eas::ement. Ayes (5), Nays (0).Motion carried. Is. 2355 r, 2356 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 4, 1985 Solinger moved, Allen second to approve Water Reclamation Plant's Completion certifications. This is necessary prior to the City's final payment requests. This is required by the Minnesota Pollution Control Agency. Ayes (5), Nays (0).Motion carried. Resol. #45-84A Strain moved, Powers second to adopt Resolution No. 46-85 authorizing the Mayor and the City Clerk to sign the agreement for public use of the Post -Bulletin Lot and amend the current operating agreement wi APCOA to add: Lot # 16 9 J 2582 - Post Bulletin Lot. Ayes (5), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 47-85 initiating three 1985 Bikepaths as follows: 1. Under TH 52 at the Zumbro River $32,00. and 2. 16th Street S. E.;From llth Avenue to Bear Creek $14,000. and 3. 37th Street N. W. ; 18th Avenue to N. Broadway $21,000. This is a total of $67,000.00. This also designates McGhie and Betts, Inc. of Rochester, Minnesota to provide engineering services for the following: Extend the existing bike path under TH 52 in the vicinity of Zumbro Park South. Ayes (5), Nays (0). Motion carried. Powers moved, Allen second to adopt Resolution No. 48-85 approving the plans for the improvement of 37th Street N. W. between the Zumbro River Bridge and a point 1,900 feet west of West River Parkway. Ayes (5), Nays (0). Motion carried. Strain moved, Allen second to adopt Resolution No. 49-85 covering the following : 1. Amend Para. (83) of Section B, No Parking Zones to read: (83)- Third Avenue N. W. on both sides from a point 300 feet , more or less, south of 14th Street to a point 300 feet, more or less, north of 14th Street at all times. and 2. Add Para. (83.2) of Sec. B, No Parking Zones to read: 3rd Ave. N. W. on both sides from a point 300 feet, more or less, south of Elton Hills Drive to Elton Hills Drive and on both sides of West River Parkway Northwest from Elton Hills Drive to 41st Street at all times. Ayes (5), Nays (0).Motion carried. Allen moved, Strain second to adopt Resolution No. 50-85 covering the following: 1. Amend Para 12 and 13 of Sec. H -Zone F, Two Hour Limit Parking Zones to read: (12) 15th Ave. N. W. on the East side Monday, Wed. and Friday and on the West side Tuesday and Thursday between 14th St. and a point 400 feet , more or less, North of 14th Street. (13). 15 112 Avenue N. W. on the East side Monday Wed. and Fri. and on the West side Tues. and Thurs. between 14th St. and a point 400 feet more or less, north of 14th Street. 2. De'lete Paragraph (14) of Section H, Zone F; 2 hour Parking zones. Ayes (5), Nays (0).Motion carried. 1 I. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 2357 Regular Meeting No. 25 - February 4, 1985 Agenda Item E-15 Solinger moved, Strain second to adopt Resolution No. 51-85 amending Paragraph (2) of Section I Parking Meters, Zone F ( 2 hour limit), to read: (2). North Broadway on the West side from Second Street to Fourth Street. Ayes (5), Nays (0).Motion carried. E-16 Allen moved, Strain second to adopt Resolution No. 52-85 amending the Parking Resolution as follows: Add Para (5.5) to Sec. E, Passenger Loading Zones - East Center Street on the north side 30 feet, more or less, in front of the premises known at 915 East Center Street, between 6:00 A.M. and 6:00 P.M., Monday thru Friday. Ayes (5), Nays (0). Motion carried. E-17 Powers moved, Strain second to adopt Resoltuion No. 53-85 and 54-85 declaring the costs to be assessed and ordering a hearing to be held on March 4, 1985 at 7:30 P.M. on New Sidewalk Project No. 1-1984 J 8865. Ayes (5), Nays (0).Motion carried. E-18 Allen moved, Powers second to adopt Resolution No. 55-85 approving a resolution of the Public Utility Board to enter into an engineerinc services agreement with Burns and McDonnell Engineers, Inc. for providing power plant training at an estimated cost of $130,000. Ayes (5), Nays (0).Motion carried. E-19 Allen moved, Solinger second to approve the request for a 3.2 beer (Non Intoxicating ) received from Barry's Restaurant located at 1600 North Broadway. Ayes (5), Nays (0).Motion carried. F-1. An Ordinance Annexing Lot 2, Block 4 of Golden Hill Addition (to- gether with adjacent ROW for 16th Street S. W:) was given its second reading. Allen moved, Strain second to adopt the Ordinance as read. Ayes (5), Nays (0).Motion carried. F-1 An Ordinance Rezoning to B-4 a portion of Lot 20, Allendale Subdiv ision ( Berean Community Church ) was given its second reading . Strain moved, Solinger second to adopt the Ordinance as read. Ayes (5), Nays (0).Motion carried. F-1 An Ordinance Annexing certain lards in Cascade Township ( Hiawatha Court - Viola Road area ). This is contained in Larson's First Sub.; Hilltop Acres, etc. and contains 34.13 acres in size. This was given its second reading. Allen moved, Strain second to adopt the Ordinance as read. Ayes (5).;. Nays (0). Motion carried. F-1 An Ordinance Annexing to the City certain lands in Haverhill Township (adjacent to property in previous ordinance)• This amounts to 12.61 acres in size. Strain moved, Allen second to adopt the Ordinance as read. Ayes (5), Nays (0).Motion carried. F-1 Solinger moved, Allen second to adopt Resolution No. 56-85 approving the renewal of Lease with the Minnesota Pollution Control Agency air quality monitor on the Library Building.( Library Board approved Ayes (5), Nays(0). Motion carried. 2358 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 4, 1985 Agenda Item Having no further business, Allen moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (5), Nays (0).Motion carried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, (Bluhm arrived at 8:00 P.M.) Duffy, Powers, Solinger and Strain. Absent: None: B-1 A Hearing on the No. 84-6 Appeal of the Decision of the Zoning Board of Appeals which upheld the decision of the Zoning Administrator that prohibits the outdoor storage of fertilizer (potash) in the floo plain Zoning District. Wishing to be heard was Bob Spelhaug, Attorne, for the owner of Rochester Fertilizer -Elmer Rosen. Mr. Spelhaug stated that this is dumped by rail car on a cement slab. This is delivered by rail via Canada. ICC rules stated that this has to be dumped from the rail car within 36 hours of delivery. He introd- uced Dr. Mulzer a professor with the University of Minnesota and he explained the chemical components of potash. Dr.Mulzer stated that this is Nonflamable and nonexplosive. It will go into a solution easily if in contact with water. He stated that its effect is similar to sodium chloride. President Postier questioned Dr. Mulzer if this would enter or come in contact with water, what would happen to fish, etc. where this would first enter. Dr. Mulzer stated that it would be highly concentrated where it first entered, but would dilute eventually and should not be a problem. Wishing to be heard was Elmer Rosen, owner,of Fairmont, Mn. He stated that they bought this business and would like to stay in Rochester, Minnesota but they needed this business outlet in order to stay in competition with prices. It (potash) can be sold cheaper if it can be stored in this manner in bulk. Wishing to be heard was Tom Murray of the Zoning Board of Appeals. He stated that this particular installation was built in 1983 and the Ordinance does prohibit the storage of potash in a flood plain area. He urged the Council to approve the decision of the Zoning Board of Appeals. David Reed of the Pollution Control Agency was present for any questions the Council may have. Mr. Spelhaug wished to speak again and stated that this potash in stored in the low flooding months and it is piled up and would not be as easy soluable as it would be in a pile and that would become hardened before it immediately turned to liquid and ran in'the stream. He also stated that in a large flood, this potash would be the least of anyone's worries. He urged the Council to reverse the Zoning Board of Appeals decision. Alderman Solinger questioned Mr. Reed if a permit was needed to store this produce. Mr. Reed stated they did not need a permit. Alderman Duffy spoke in favor of the fertilizer plant. He thinks that the brief time that this is stored would not be a hazard and would not harm the aquatic life. He stated that as a professional working with chemicals, he could find nothing toxic in potash. He doesn't think this will leave a long lasting mark on the City. Alderman Strain tends to believe the decision of the Zonin, Board of Appeals is correct. Alderman Solinger agrees with Alderman Strain. Alderman Powers is in favor of reversing the decision of the Board of Appeals. He stated that if this were located near or on 1 L 1 Agenda Item M. B-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 4, 1985 then he would not be in favor of it, but this is not directly located on a stream bank, thus he is not concerned about the potential hazard. Alderman Bluhm agreed with Solinger and Strain. Having no further discussion, President Postier closed the hearing. Bluhm moved, Strain second to uphold the decision of the Zoning Board of Appeals. Upon roll call vote, Aldermen Allen, Bluhm, Solinger, Strain and President Postier voted aye. Ayes (5), Aldermen Duffy and Powers voted nay. Nays (2). Motion carried. Resolution No. 57-85 was adopted. A Hearing on the Planned Unit Development ( Concept Statement) to be located on property between 2nd Street and 4th Street S. W. on both sides of Highland Court to be known as Aspens Townhouses. Wishing to be heard was Michael Dunn of 321 16th Ave. S. W. co - applicant of the project and he stated that these would be nice houses in the $125,000. range and urged the Council to approve this. Wishing to be heard was Hal Henderson co-owner of the project. Mr. Henderson stated that he hopes to work with the neighbors and thinks this is the besi use for the land and urged the Council to approve the PUD. Alderman Solinger asked if 4th Street would have to be widened and ROW needed. Also, what access could be had from 2nd St. S. W. Mr. Henderson stated that no access could be had from 2nd Street because of the grade of the land. It would not be feasible. He also stated that 4th Street would probable have to be widened and yes a ROW would have to be secured. Wishing to be heard was Karen Biell of 215 Highland Ct. S. W. and is opposed to this. She thinks the traffic would be increased to much. She also presented a petition with many opposing signatures. Brother James Buryska of 311 Highland Court S. W. and is opposed to this. He thinks the traffic is bad and it is a steep grade to make 4th St. wider. Thinks that the peop e living on 4th St. would not have the street in their living room. There just isn't enough room to widen the street. Alderman Bluhm stated that the Planning and Zoning Commission stated that the access on 2nd Street is toosteep. Having no one else present that wished to be heard, President Postier closed the hearing. After Council discussion, President Postier stated that he thought there were to many problems yet to be solved and that these things should be discussed by the Committee of the Whole. Duffy moved, Solinger second to table this and bring the discussion back to the Committee of the Whole. Ayes (7), Nays (0). Motion carried. A letter of opposition by Richard and Noreen A.Skoger was entered as part of the offical record. A Hearing on the Appli (Concept Statement ) f Avenue S. W. Wishing 2nd Street S. W. He w have. Alderman Duffy conditions as stated b said that he was. Wis 15th Avenue S. W. She this PUD. President P by Blondells was for s .cation for a Planned Uni or the Blondell Motel on to be heard was Thomas B as present for any quest asked Mr. Blondell if he y the Planning and Zonin hing to be heard was Mar said that 20 neighbors ostier reminded her that traight zoning, this is t Development 2nd Street and 14th iondell of 1406 ions the Council may was awareof the g Dept. Mr. Blondell garet Kidd of 306 were in opposition to the other application for a PUD. 2359 2360 Agenda Item B-3 E-20 E-21 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - February 4, 1.9Rg Wishing to be heard was Tom Abell.of 306 15th Avenue S. W. and presented a letter from Noreen and Richard Skogen in opposition. He is also opposed.. Wishing to be heard was Carl Hayes who lives behind the Blondell Motel. He stated that he did not understand the issue. He does.not oppose the parking, lot being used, butthinks the opposition is over the alley. It just isn't big enough. Alderman Bluhm stated that the access from the parking lot would be on 14th Avenue and nothing else. Wishing to be heard.was,Esther LaPlante and she and several of her neighbors were opposed. She stated they wanted more control of what this area would be used for. President Postier reminded her that the purpose of a Planned Unit Development was for Council control. Having no one else present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to approve the application.subject to the following four conditions: 1. No access from the parking lot to the alley. 2. Landscaping on the south end of the site should be within the PUD boundary; 3. Redesign retaining wall along alley to meet City requirements; 4. Reconstruct sidewalk and curb at time of motel expansion. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessments of Previously Deferred Watermai costs from.Project 6107 Part 3 J 8076 Construction of a Sanitary Sewer and Watermain in Golden Hill lying West of TH 63. Having no one present that wishedto be heard,.President Postier closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 58-85 accepting the assessments. Ayes (7), Nays (0). Motion carried. Strain moved, Duffy second to adopt Resolution No. 59-85 approving the entering into a grant agreement with the United States Departmen of.Housing and Urban Development to obtain Community Block Grant Fun, for the progam year January 1, 1985. Ayes (7), Nays (0).Mo,tion carried. Strain moved, Powers second to approve the hiring of a firm of Powell, Goldstein , Frazer, and Murphy for the 1985 Flood Control Legislative Services. Cost to be between $15,000 to $25,000.00. Staff is instructed to keep the Council posted on the actions. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Allen second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. Ci y ler Information 2-4-85 1. Committee of the Whole minutes Jan. 7-14 and 28, 1985. 2. Notice of Claim - Steven Rian -Ref. to Finance and City Attorney.