HomeMy WebLinkAbout10-08-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 15 October 8, 1981
Agenda
Item
A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier ,Aldermen Allen,
Bluhm, Duffy, Powers , Solinger and Strain. Absent: None.
B-1 ,A,Hearing on the Adoption of the 1982 Budget for the City of
Rochester for the fiscal year. beginning January 1, 1982. Having no
one present that wished to be heard, President Postier closed the
hearing. Allen moved, Bluhm second to adopt -Resolution No. 545-81 an,
546-81 approving the budget and certifying the sums of money to be
levied against taxable property. Ayes (7), Nays (0). Motion
Carried. Alderman Solinger agreed with the budget, but was in favor
of an increase in salary for elected officials.
B-2 A Hearing on the Petition to Change the Zoning District from R-1
(Single Family Residential ).to B-4 ( General Business ) on 12.79
acres of vacant land lying north of the Hoffman House- Midway'Motor
Lodge Complex. Wishing to be heard was Richard Ehrick, Attorney
on -behalf of Barclay Square the petitioner. He introduced Jack
McLaughlin of Barclay Square and Herb.Snyder of Paul Pink and -
Associates. Mr. Ehrick stated that this piece of property is in
a commercial area and funds to build are not easy to get. They
would like to develop this area with a unique building. This is
a two level development. The developers agree to the traffic
pattern as set forth by the. City and County Engineer and will work
with them on this problem. Mr. Ehrick urged the Council to approve
the.zone change so that the developer could proceed. Wishing to be
heard was Len Kramer representing the project and spoke on the site
drainage. Mr. Kramer stated that the building would be built 1 foot
above the 100 year flood profile. Alderman Strain sta:ted_that:;wh:en
on site grading is done, it would require much fill. Would this be
brought in or is fill gbi.ng to be graded from one place to another
on the present site. He was told that fill would be brought in.Mr.
Kramer stated that holding ponds would be built and would take care
of water problems regarding run-off. Mr. Roger Pluinb, Public Works
Director stated that Barr Engineering who studied the flood insurance
for Rochester is a good firm. Wishing to be heard was Glen Sizemore
of 1966 Westfield Ct. S.W. and was opposed to this project. He
presented slides on the traffic count and says Barton Ashman, Consult,
ing firm from Minneapolis did not have an accurate count. He also
states that with the project the traffic -would double and this is
not appropriate for the area. He is concerned about the flooding
problem that could occur with a project being built in this area.
Alderman Strain asked Dr. Sizemore who the traffic firm was that
he had help him with his traffic count. Dr. Sizemore stated that it
was out of Chicago he did not remember the name. It was brought
up that the bridge in the area would be widened by the State. This
was confirmed by our Public Services Department. However that is if
the State has enough money. A representative of Barton Ashman wished
to be heard in regard to the comment of Dr. Sizemore. He said that
Barton Ashman did this study in a normal flow of traffic. He did not
claim to solve every problem with traffic, but stated that this area
could amply handle the traffic that*.would be generated by this project
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
B-2 Wishing to be heard was Dick,Ehrick, Attorney who stated that this
land was brought into the City zoned R-1. This is not appropriate
for the area. It should be commercial and B-4 would be applicable
in this area. Having no one else present that wished to be heard ,
President Postier closed the hearing. Alderman Duffy stated that
the developers and the designers did an excellent job of this project
He has one great concern and that is if a project of this nature
is adopted, this could hurt the development downtown, For these
reasons he will not vote -'for the zone change. Alderman Powers
stated that he is not here to tell the businessmen where to put their
business, he is here to vote for the zone change to 13-4 or not.
Alderman Bluhm feels .the same way as Alderman Powers he also stated
that we do need business downtown. Alderman Solinger stated that
he feels traffic can be solved. Downtown is another matter but is
concerned about the flooding problems and would like total control
of this project and would like to see this come back under a Planned
Unit Development project. Alderman Strain stated that he is concerne(
about flooding also, but this is only a zone change and stated that
the Planning and Zoning Deparment has approved this. Alderman Allen
stated that he would 'vote for this project. Having no further
comments, Strain moved, Powers second to approve the project.
Upon'Roll Call vote, Aldermen Allen, Bluhm, Powers and Strain voted
Aye. Ayes (4). Aldermen Duffy, Solinger and President Postier voted
nay. Nays (3). Motion carried. The City Attorney is instructed to
prepare an Ordinance for adoption. Upon recommendation of the City
Attorney, an Ordinance will not be prepared and presented for a
first reading. In order for a rezoning ordinance to be adopted, a
5/7 vote in favor of this adoption would have to be received from
the Council. Due to the above vote of 4 Ayes and 3 Nays, the
Ordinance will not be prepared or read. Aldermen voting nay stated
that they would except a Planned Unit Development application from
the developer and would review the project at that time.
B-3 A Hearing on the Final Plat to be known as Campus Village Subdivision.
Having no one present that wished to be heard, President Postier
closed the hearing. Solinger moved, Powers second to adopt Resolutior
No. 547-81 approving the plat. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on the Petition to Change the Zoning District from B-lb
(Neighborhood Business ) to B-4 ( General Business ), on property
located at 2315 Highway 52 North- Hairitage Barbers.." Wishing to be
heard was Merton Bender of 1824 24th St.N. W. He lives next 'to the
property and"is opposed. He also had a petition of property owners
containing 48 signatures also opposed. Wishing to be heard was
Helen Peterson of 1852 23rd St. N. W. and,is opposed. Also opposed
is Carl Mackey of 1864 23rd St. N, W. Having no one else present
that wished to be heard, President Postier closed the hearing.
Allen moved, Duffy second to deny the zone changed. Ayes (7),
Nays (0). Motion carried.
E-1 Strain moved, Allen second to approve the Mayor and City Clerk
to execute the necessary documents approving a.Grant Increase in
i
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL iGS7.
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting.No. 15 - October 8, 1981
Agenda
Item
E-1 the amount of $37,125. This is for the Sewage Treatment Works
Grant Step III and has been approved by the EPA and MPCA. Ayes (7),
Nays (0). Motion carried.
E-2 Allen moved, Solinger second to table the request from Ray Brown
to transfer his Off -Sale Liquor License known as Brown's Broadway
Liquor 602 North Broadway to the new Barlow's Plaza. --
This will be brought back to the Council on November 2; 1981.
Ayes (7), Nays (0). Motion carried.
E-3 Strain moved, Duffy second to approve the recommendation by staff
to purchase the property located at 213 and 215 South Broadway for
$105,000. plus payment of the last half of real estate taxes for 1981
in the amount of $2,127.81. This property is owned by Newton C.
Fuller and is necessary for the Fontaine Square project. Ayes (7),
Nays (0). Motion carried.
E-4- Sol inger moved, Strain second to approve the request for
to be held on October 3, 198l.received from Mike Kerrigan represent-
ing the Annual Marathon for Non -Public Education. The approval of
the route has been approved by the Police Department. This was
given tentative approval by the Council prior to Oct. 3, 1981.
Ayes (7) Nays (0). Motion carried.
E-5 Duffy moved, Bluhm second to approve the following licenses and bonds
Request received from Julio G. DeLaRosa for a Dance Permit at St,
Pius X Church for a dance on January 30, 1982. Also a request
from Julio G. DeLaRosa for a Temporary On -Sale 3.2 Beer license
in conjunction with their dance to be held on January 30, 1982.
Ayes (7), Nays (0). Motion carried.
E-6 Bluhm moved, Strain second -to approve the request received from
Pat Ellison representing Women's Shelter Inc. for a Rally and March
on October 17, 1981. Police have approved this rally. Ayes (7)
Nays (.0). Motion carried.
E-7 Strain moved, Allen second to approve the Accounts Payable (list
attached) semi-monthly in the amount of $1,013,215.73. Ayes (7), Nays
(0). Motion carried.
E-8 Strain moved, Bluhm second to approve the petition to annex the
property located at 1807 First Avenue S. W. ( Henry Schuck ).
The City Attorney was instructed to prepare an Ordinance for adoption,
Ayes (7), Nays (0). Motion carried.
E-9 Powers moved, Duffy second,to approve the Application for Preliminary
Plat for Parkway Plaza Second Subdivision looated at 37th Street
and Thrid Avenue N. W. The plat is subject to the following
conditions: 1. Submit an application to vacate a portion of Third
Avenue N. W...2. Provide additional utility easements. 3. Applicant
agree to remove Third Avenue N. W. as a street connection with West
River Parkway if it is built. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting Np,, 15 - October 8, 1981
Agenda
Item
E-10 Duffy moved, Bluhm second to adopt Resolution No. 548-81 ordering
a hearing on Project No. 8110 J 8771 Watermain Extension from existini,
12 '' Watermain in Kroger Co. First Subdivision to...the west line
Chicago and Northwestern Railroad and along the west'line Railroad
Property and County State Aid Highway No. 4 to the West line Section
21, Cascade Township. The date of hearing .is November 2, 1981, Ayes ('
Nays (0). Motion carried.
E-11 Solinger moved, Bluhm second to adopt Resolution No. 549-81 approving
a Supplemental Agreement No. 1 in the amount of $2,856.28 for
Project No. 1-1981 J 8754 Sidewalk. Ayes (7).,Nays (0). Motion carrier
E-12 Duffy moved, Solinger second to adopt Resolution No. 550-81 approving
the purchase/lease agreements with the Rochester City Lines and
authorizing the Mayor and City Clerk to sign said documents. Ayes
(7), Nays (0). Motion carried.
E-13 Strain moved, Duffy second to adopt Resolution No. 551-81 and 552-81
declaring the cost to be assessed and ordering a hearing to be held
on November 2, 1981 on Project No, 7911-1-79.J 2501 Parking Lot
and Sidewalk Improvemnts - Riverside Project - South Broadway
and 4th Street S. E. Ayes (7); Nays (0). Motion carried.
E=14 Duffy moved, Bluhm second to table the Supplemental Agreement No. 1
for Railroad -Signals, llth Avenue N. W, and CNW Railroad J 6327
The agreement is in the amount of,$74,722.50. .This was referred to
the Committee of the Whole for further study. Ayes (7), Nays (0).
Motion carried.
E-15 Allen moved, Powers second to establish a fair market value of
$49,000.00 for the property located at 223 South Broadway Avenue.
Ayes (7), Nays (0). Motion carried. This is known as the H & H
Electric building.
E-16 Powers moved, Allen second to approve the Park Board's immediate
involvement in reviewing and making recommendations on amenities
to be included in the proposed Civic -'Center facility. This includes
assemblage of a justifiable inventory -of market potential and
suggestions for the name of the facility. This also designates
the Park Board as the responsible authority of the Center's managemen-
if and when it is to be built, Ayes (7), Nays (0). Motion carried.
E-18 Strain moved, Bluhm secorrd-to°approve the request received from
Lourdes High School for permission to use a two -unit speaker system
during the Homecoming program on Friday October 9, from 7:30 to
8:30 P.M., Ayes .(0). Motion carried.
E-17 Bluhm moved, Powers second to.adopt Resolution No. 553-81 and 554-81
declaring,the cost to be assessed and ordering a public hearing to
be held on November 2, 1981 on the following projects: Project
No. 6502-J 8649 Grading and Surafcing and Concrete Curb and Gutter,
L_
I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1659 �
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No, 15 - October 8,,1981
Agenda
Item
E-17 Sanitary Sewer, Watermain and Service Connections in (Ferndale)
28th Street N. W. from 18th Avenue to future 'l9th Avenue N. W. and
Project No. 6502-78A ( J 8652) Sanitary Sewer and Watermain extension
in future 19th Avenue N. W., from Cascade Street to 28th Street
N. W..- Date of hearing will be November 2, 1981. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance Annexing to the City of Rochester certain platted
Land in Golden Hill Addition to be known as. Lot 5, Block 15, less the
South 87.0 feet thereof Golden Hill Addition together with the adjace
right-of-way of First Avenue S. W. (formerly Oakside Avenue )
1807 First Avenue S. W. (Henry Schuck ), was given its first reading.
F-1 An Ordinance Rezoning Certain Property located in Sec. 21 T107N
R14W to M-2 General Industrial District ( General Warehouse -
2915 Valleyhigh Dr. N.W. ) was given its second reading. Strain move
Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
Having no further business, Allen moved, Strain second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information - October 8, 1981.
1, Letter from Human Rights Commission.
it