HomeMy WebLinkAbout08-16-1982RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August'.16,'1982
President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
BTuhm, Duffy,.Powers. Absent Aldermen Solinger and Strain.
Powers moved, Duffy second to approve the minutes of the August 2,
and 9, 1982 meetings. Ayes (5), Nays (0). Motion carried..
A Hearing on the Request for Construction of underground public
utilities and streets in Fred Schuster Industrial Park. This would
be considered as a local improvement project. Wishing to be heard
was Karl Schuller of 209 Wood Lake Dr. S. E. He is opposed to this
type of improvement. He stated that when Wood Lake Park was set up
the developers had to.put in the improvements and pay for the
improvement themselves. He is not against IOI, just the procedure
in getting the improvements. He would like to be treated equally.
Wishing to be heard was Don Guttenberg of 112 7th St. N. E. recently
purchased land from A. B.Systems ( Karl Schuller) and wants to be
treated equally as a purchaser. He does not think the City should
become involved in this industrial park and not in others. Wishing
to be heard was Bruce Cline of 710 23rd Street S. W. He owns a lot in
the Airport Industrial Park. He stated that once a policy is establisl
ed it should be maintained. He is not in favor of this project. He
thinks it is very unfair to those people who abided by the present
policy. Wishing to be heard was Fred Hubbard , Rochester, Minnesota.
Mr. Hubbard is the past president of Northwestern National Bank and
is Acting Vice President of ICI. He urged the Council to approve this
project. He stated that he has shown potential buyers every available
piece of land in the City. He stated that I0I is different in that it
is a sort of United Way project. It serves the whole community.
Wishing to be heard was Will Wakefield of Eyota, Minnesota. He
is in favor of the project. He stated that I0I has done a lot of
important work for the community and has helped the University of
Minnesota and Winona State by developing programs for the people of
Rochester and other communities. Wishing to be heard was Tom Hexum
of 3572 6th St. N. W. He stated that nb one present was arguing with
the efforts of ICI, but he does think that the public should not
interfere with the private sector. Wishing to be heard was Joe Weiss,
2227 7th St. N. W. and speaks in favor of the project. He also read
a report prepared by Barton -Ashman which favors support of IOI
concepts. Wishing to be heard was Clarence Hoodecheck of 2011. 7th Av(
N. W. represents Telex Corporation. He stated that they were the first
tenants of the Fred Schuster Industrial Park. He stated that they
chose this site because it was a convenient -place to locate their
business. Telex had a free choice and chose ICI. Wishing to be heard
was Jay Bagne, President of I01. He stated that according to Mike
Rooney, Department of Economic Development, St. Paul, it was not
uncommon for a municipality to help local efforts such as ICI. He
stated that Monticello and Coon Rapids as two such -suiporters.
He urged the Council to approve this project. Wishing to be heard
was A.M. Keith, Attorney 505 Marquette Bank Building representing
A.B. Systems ( Karl Schuller) He stated that he hoped the Council
understood what is involved. He stated that he can't imagine why
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Regular Meeting No. 8 - August 16, 1982
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B-1 I0I should be treated differently then any other industrial park.
He stated that they are sound financially and should have close to
one million dollars to work with. He stated that private development
can't compete. He is not against I01, he only wants to be treated
equally. Having no one else present that wished to be heard, Presiden
Postier closed the hearing. After discussion by the Council, Duffy
moved, Bluhm second to table the vote until September 8, 1-982 Council
meeting. Not all the Council was present, and the members would like
to see.a full Council vote on this project. Ayes (5), Nays (0).
Motion carried.
B-2 A Hearing on the Appeal from the Decision of the Rochester Zoning Boar
of Appeals to allow a single family dwelling to be constructed on a to
having a minimum side yard of 0 feet and having total side yards of 11
feet on property located on Lots 1-10, Block 3, and Lots 10-19, Block
4, Innsbruck Sixth Subdivision. Wishing to be heard was Theresa
elesky of 1919 22nd St. N. W. She spoke on behalf of the neighborhood
group and thinks a study should be made on this problem of putting
in housing with smaller yards. Wishing to be heard was Bob Loy of
O1 32nd St. N. E. and prefers detached houses. He -in in favor of
appealing the decision. Wishing to be heard was Steve McKibben of 440
2nd Avenue N. W. and would like to have a detached home. Wishing to
e heard was Bob DeWitz, 1721 17th Avenue N. W. and is the person
flaking the appeal. He would like to have smaller lots to give people
chance to own a home. They pay less for yard space, but can at least
wn a home. He presented a visual aid to help the people understand
here these.homes would be located and the size yards, etc. Alderman
uffy questioned whether a PUD could be used in this case. Tom Moore,
ity County Planning Director stated that he could.Wishing to be heard
as John Klockeman of 4511 15th Avenue N. W. He feels that zero
of lines are the way to go. He thinks Mr. DeWitz should obey the rule
ishing to be heard was Darlene Freeman of 4509 15th Avenue N. W.
he would like to see the decision of the Zoning Board of Appeals
pheld. Wishing to be heard was Pat Dargis of Builders Land Company
nd he urged Council approval. He stated that the market decides who
nd what should be built. Now with the economy in the state that it
s, smaller lots and lower costs are a necessity-. He is in favor of thi
etached homes on smaller lots. Wishing to be heard was Jon Finstrom
f 1414 45th Street N. W. and urged the Council to approve the request
y Mr. DeWitz. He said the neighborhood is in:.agreement. Wishing to bE
eard was Douglas Ayers of 4114 19th Lanve N. W. and spoke on behalf o.
he Western Limits Neighborhood Group. He is in favor of the Zoning
oard ruling. Says he does not want this looking like army housing.
e was also worried about where the children would play if they had
ittle green space. Alderman Powers stated that Mr. DeWitz could
build 4 plex's on this space at the present time. It is zoned R-2.
Wishing to be heard was Dick Ziegler of 315 Elton Hills Dr. and is
working with Buy -Rite Realty. He stated that at the present time a
person buying a $40,000. home with an annual salary of $19,000. would
have house payments of $645.00. A person buying a home of $50,000.
with an annual salary of $26,000. would have payments of $845.00. He
E
rged the Council to approve this and allow cheaper homes to be built'.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL..:
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 8 - August 16, 1982.
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B=2 Wishing to be heard was Jon Gander of 4515 15th Avenue N. W. and is
in favor of Mr. DeWitz. Wishing to be heard was Daniel Steck of
2117 43rd St: N. W. and is against the homes being built on small
lots. -He urges the Council to uphold the decision of the Board of
Appeals. Wishing to be heard was Joe Dingle, Attorney, 1980 Mayowood
Rd. S.W. He stated that the worst design is allowed under the code.
He is in favor of the detached homes. Having no one else present
that,wished to be heard, President Postier closed the hearing. Fred
Suhler, City Attorney stated that the Council would be voting only on
the decision of the Zoning Board of Appeals not to allow Mr. DeWitz
construction of a single family dwelling on a lot having a minimum
side yard of 0 feet and total side yards of 11 feet. Discussion
of the Council was held and Alderman Duffy was concerned about DeWitz
technique. He thinks this is a clumsy method. President Postier
stated that even though Alderman Solinger was out of town, he did
state his wishes on this hearing. Alderman Solinger was in favor of
upholding the decision of the Zoning Board of Appeals. Alderman
Bluhm stated that we use up the same square footage of land with
the current plan of Mr. DeWitz. It is basically the same as the
attached housing. Alderman Duffy agreed, but the method is not good.
Alderman Powers stated that since this is zoned.R-2 we can be
flexible. Alderman Bluhm stated that this is as good as a PUD plan.
Having no more discussion by the Council, Powers moved, Bluhm second
to reverse the decision of the Zoning Board of Appeals and allow a
single family dwelling to be constructed on a lot having a minimum sic
yard of 0 feet and having total side yards of 11 feet on property
located on Lots 1-10, Block 3 and Lots 10-19, Block 4 , Innsbruck
Sixth Subd. Ayes (5), Nays (0). Motion carried. President Postier
stated that he thinks a 35 foot lot is small, and in the event of a
tie vote, he would have abstained in order for a full Council to be
present. In this case it would have passed anyway, so he cast a
favorable motion. Resolution No. 388-82 was adopted.
B-3 A Hearing on the Application for a Conditional Use Permit to allow a
supervised living facility to be located in the 2200 Block of llth
Avenue S: E. Wishing to be heard was Tom Miller of REM Corporation
who is the applicant. He is present for any questions the Council
may have. Having no one else present that wished to be heard,
President Postier closed the hearing. Duffy moved, Bluhm second to
adopt Resolution No. 389-82 approving the permit..'Ayes (5), Nays
(0). Motion carrried.
B-4 A Hearing on the Application for a Conditional Use Permit to allow
a supervised living facility to be located in the 1600 Block of loth
Street S. E. ( REM Inc.). Having no one present that wished to be
heard, President Postier closed the hearing. Duffy moved, Allen
second to adopt Resolution No. 390-82 approving the permit.
Ayes (5), Nays (0).Motion carried.
B-5 A Hearing on the Petition to change the zoning district from M-1
(Light Industrial ) to B-4 ( General Business.) on property located
at 632 llth Avenue N. W. Wishing to be heard was Ken Mohn, Attorney
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 8 = August 16, 1982
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B-5 for the petitioner.He -is loosated at 505 Marquette Bank Building.
He urged the Council.to approve this petition. Having no one else
present that wished to be heard, President Postier closed the hearing.
Bluhm moved, Powers second to approve Ahe request and instruct the
City Attorney to prepare an Ordinance for adoption. Ayes (5),
Nays (0). Motion carried.
B-6 A Hearing on the Application for Planned Unit Development ( Amended
Final Plan ) of Northgate Shopping Center located at 7th Street and
llth Avenue N. W. Wishing to be heard was Cl.aude Glatzmaier of
614 3rd St. S. W. He is general partner of the Northgate Shopping
Center: He uruged the Council to approve this application. He stated
he had no objections to the conditions as set forth by the Planning
Commission. Having no one else present that wished to be heard,
President Postier closed the hearing. Powers moved, Allen second
to adopt Resolution No. 391-82 approving the application with the
following conditions: 1. Retain previously approved sign requirements
landscaping plan and handicapped parking spaces; 2. Get decision
from Council about sidewalk on 7th Street N. W. Ayes (5 ), Nays (0).
Motion carried.
D-1 Request was received from Rochester Square property to re -hear their
assessment that was levied on June 21, 1982 against their property.
Bluhm-moved, to reconsider the request. Motion died for lack of a
second and no action was taken.
E-1 Powers moved, Allen second to approve the increase for engineering
costs regarding the Water Reclamation Plant and submissi.oh.of.a
Grant Amendment to the Minnesota Pollution Control Agency.
The fee is $451,625.00. Previously the Council negotiated a reduction
in the fee of $10,016.00. Ayes (5), Nays (0). Motion carried.
E-2 Duffy moved, Allen second to approve the donation to the City of a
portion of 5th Street S. E. from 9th Avenue S.E. to Bear Creek,
Morse and Sargeant`s Addition. The City is responsible for back
taxes of $827.44. Ayes (5), Nays (0). Motion carried.Res. 391A-82.
E-3 Duffy moved, Powers second to approve the Construction of a bituminou!
walkway on Marion Road south of Highway 14. The estimated cost.is
$40,000.00 and the funding is to be the Community Development Block
Grant. Ayes (5), Nays (0). Motion carried.
E-4 Bluhm moved, Allen second to adopt Resolution No. 392-82 approving
an agreement between the City of Rochester and Knutson Construction
Company to lease a portion of the Statuary Lot to use as a staging
area for construction of the Fontaine Towers project. This contains
the following terms: 1. Term of lease for a minimum of 6 months.
2. Contractor to provide adequate liability insurance. 3. Contractor
to furnish and install protective fencing around the area. 4.
Construction activity not to interrupt the present use of the rest
of the lot. 5. Area delivered back to the City in as good condition
as was before possession by Contractor. The,Mayor and City Clerk are
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 8 - August 16, 1982
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E-4 authorized to execute any and all documents pertaining to this
request. Ayes (5), Nays (0). Motion carried.
E-5 Duffy moved, Bluhm second to approve the following licenses and bonds
Request for a license to construct cement sidewalks, curb and gutter
and driveways in the City of Rochester for a period ending December
31, 1982. Fees and insurance have been received. Request for a 3.2
Temporary On -Sale Non -Intoxicating Malt Liquor license for September
4 and 5 received from the Eagles National Softball tournament at
McQuillan Field in Rochester. Request received for the Annual
Godfather 1.OK running race on August 21, 1982. This will be held
from 9:00 A.M. to 10:00 A.M. Department approval has been received.
Ayes (5), Nays (0).Motion carried.
E-6 Duffy moved, Bluhm second to approve the Accounts Payable ( semi-
monthly ) list attached in the amount of $3,026,237.30. Ayes (5),
Nays (0). Motion carried.
E-7 Bluhm moved, Allen second to adopt Resolution No. 393-82 closing
completed local. improvement projects and transferring unexpanded
balances pursuant to Minnesota Statutes Section 429.091 Sub. 4.
the net amount of funds transferred is : Series M, Misc. $3,661.01,
Series N $29,195.35 and Series 0 $397,230.54. This makes a total
of $422,764.88. Ayes (5), Nays (0). Motion carried.
E-8 Bluhm moved, Powers second to approve the request received for
a Leave of Absence from Cheryl Belter, Finance Department. This is
for a maternity leave from September 19 1982 to November 9, 1982.
She will take three weeks of sick leave and one week of vacation.
Ayes (5), Nays (0). Motion carried. Res. 393A-82.
E-9 Duffy moved, Allen second to adopt Resolution No. 394-82 affirming
the approval of the Zoning Board of Appeals to grant a variance
on Lot 5, Block 1, West Zumbro Addition. Thi"s will allow the con-
struction of a single family dwelling on property which does not
have vehicular access in the event of a 100=year flood. The applicant
stated that the streets were already in place and he had no choice
but to request this variance. The applicant is Mr. Gerald L.
Wrubel. Ayes (5), Nays (0). Motion carried.
E-10 Powers moved, Allen second to adopt Resolution No. 395-82 granting
a hearing on the temporary approval of the extension of the $45.00
quarterly unlimited ride pass to Senior High ( Secondary ) students
based on 4 months for $60.00 and 5 months for $75.00 and adjustment
of the regular route schedule for the Rochester City Lines. The
hearing will be held on September 20, 1982 at 7:30 P.M. Ayes (5),
Nays (0). Motion carried.
E-11 Powers moved, Bluhm second to reconsider the motion to adopt Resol-. -
utions No. 351-352-82 referring the following project to the Public
Services Department for a feasibility report and set a hearing.
Project No. 6200-W-82 J 8794 Sidewalk Beautification Improvements
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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Adjourned Meeting No. 8 - August 16, 1982
on West Center Street from 1st Avenue to Broadway on the South side
and from the alley to Broadway on the North side. Ayes (5), Nays (0).
Motion carried. Bluhm moved, Duffy second to rescind the motion to
adopt Resolution No. .351-82 and 352-82 because of improper initiation
Ayes (5), Nays (0). Motion carried. Powers moved, Allen second to
adopt Resolution No. 396-82 and 397-82 approving the feasibility
report and ordering a hearing to be held on September 8, 1982 on
the above project. Ayes (5), Nays (0), Motion carried.
Allen moved, Powers second to adopt Resolution No. 398-82 and 399-82
declaring the costs to be assessed and ordering a hearing to be held
on September 20, 1982 on Project No. 7903-1-79 J 8687 Construction
of Streets, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain
and 'Service Connections in Westway Manor First Subdivision. Ayes (5)
Nays (0). Motion carried.
Powers moved, Duffy second to adopt Resolution No. 400-82 and 401-82
declaring the costs to be assessed and ordering a hearing to be held
on September 8, 1982 on Deferred Assessment to 990 Skyline Lane S.W.
Project No. 6453-67 J 8116 Sanitary Sewer and Watermain Extension in
North Skyline Drive S. W. abutting Lots 56, 57, 58, 59, 41, 42, and
44 of North Sunny Slopes Addition. This Deferred Assessment is
on Lot 57 in the amount of $3,029.18. Ayes (5), Nays (0). Motion
carried.
Duffy moved, Powers second to adopt Resolution No. 402-82 determining
the adequacy of improvement and receiving preliminary report and
ordering a public hearing to be held on September 8, 1982 on Project
No. 8211- J 8793 Street Improvements and Utility Easements on Lots 78
79, 80 and 81 of College View. The utility'; easement is located on
a designated right-of-way presently referred to as 13th Avenue S.W.
This is needed for sewer and water to the lots from 14th Avenue S.W.
Ayes (5), Nays (0). Motion carried.
Powers moved, Allen second to approve the request by Fullerton Lumber
Company for approval of a 44 foot driveway at 3rd Avenue S. E. in
lieu of a 28 foot driveway. This is for the entrance in the 500 bloc
of 3rd Avenue S. E. This is with the recommendation of the Public
Services Department subject to using 44 foot opening with 15 foot
radius within the street right-of-way. Ayes (5), Nays (0). Motion
carried.
Duffy moved, Bluhm second to adopt Resoluti.on:No.:-403-82.adding
paragraph (15) to Section H, Limited Parking Zones, Zone F ( 2 hour
parking ) as follows: (15) 4th Avenue S. E. on the west side from 4th
Street to a point 100 feet more or less south --of 4th Street, 8:00
A.M. to 6:00 P.M. Monday thru Friday. Ayes (5), Nays (0). Motion
carried.
Bluhm moved, Powers second to adopt Resolution No. 404-82 amending
Paragraph (79) of Section B, No Parking Zones to read:
i
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 8 - August 16, 1982
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E-17 (70) Third Street S. E. on the north side between llth and 13th Ave.
and on the south side for 200 feet more or less, between llth and
13th Avenue at all times. Ayes (5), Nays (0). Motion carried.
E-18 Allen moved, Bluhm second to adopt Resolution No. 405- K amending
Paragraph (3), Section G, One-way Streets and Alleys to read:
(3) The alley between Broadway and First Avenue Southwest and Northv�
from 4th Street S. W. to Second Street N.W., except south one half
block between Third Street and Second Street S. E.; which is to
remain two-way. Ayes (5), Nays (0). Motion carried.
E-19 Bluhm moved, Duffy second to table the request to advertise for bids
on Project No. 8210 J 8790 Construction of Underground Public
Utilities and Streets in proposed Fred Schuster Industrial Park.
This is tabled because an earlier item -(B-1) was tabled for further
discussion by the Council. Action will be taken on the September 8,
1982 Council meeting. Ayes (5),. Nays (0). Motion carried.
E-20 Powers moved, Allen second to adopt Resolution No. 406-82rauthorizing
the City Clerk to advertise for bids for the construction of passenge
shelters at the following three locations 1. Hyland Apartments
30th Avenue N. W. 2. The Dorm/Cavalier Village 8 1/2 St. S. E. and
3. Homestead Village Area ( corner of 8 1/2 Street and 15th Avenue S.
E.). Bids to be opened at 11:00 A.M. on September 7, 1982. Ayes (5)
Nays (0). Motion carried.
E-21 Duffy moved, Bluhm second to adopt Resolution No.407-82 authorizing
the City Clerk to advertize for bids for: Bikepath on the South
side of Pinewood Road from County Road # 1 (llth Avenue S. E.) to
Pinewood School. Bids to be opened at 11:00 A.M. on September 2,
1982. Ayes (5 ), Nays (0). Motion carried.
E-22 Bluhm moved, Allen second to adopt Resolution No.' 40&=Uapproving
the Supplemental Agreement with Nietz Electric in an amount of
$901.00. This is necessary to assemble and install the decorative
traffic signals at 1st Avenue and 1st St. S. W. Ayes (5), Nays (0).
Motion carried.
E-23 Bluhm moved, Duffy second to adopt Resoltuion No. 409_-82 approving
a Supplemental Agreement No. 2 for Project No. 6301-3-81 with Doyle
Conner Company to increase said contract not to exceed $4,500.00
This is"for construction.of concrete pavement alonq 1st Avenue S. W.
from 1st St. S. W. to West.Center. Ayes (5), Nays (0). Motion carrie
E-25 Allen moved, Bluhm second to adopt Resolution No.410=82 'authorizinq
the Citr y Clerk to advertise for for manaqement services for
the followinq: 1. 2nd Street Ramp. 2. Center Street Ramp.
3. Statuary Lot. Bids to be opened at 11:00 A.M. on September 29,
1982. Ayes (5), Nays (0). Motion carried.
E-24 Bluhm moved, Allen second to adopt Resolution No. 411-82:approvinq
;t
a resolution of the Public Utility Board approvinq A',contract
�S�®
RECORD OF
OFFICIAL PROCEEDINGS
CITY OF ROCHESTER,
OF THE COMMON COUNCIL
MINNESOTA
Adjourned
Meeting No. 8 - August 16, 1982
Agenda
Item
E-24
F-1
agreement with. Peoples Cooperative Powers Association regarding
People's right, title, and interests in certain electric customer
accounts and facilities will be conveyed to the City. the amount
to be $91,175.73. Ayes (5), Nays (0). Motion carried.
Resolution No. 412-82 approving a resolution of the Public Utility
Board approving a purchase order agreement with ITT Meyer Industries
for furnishing Zumbro River Substation - steel tranmission poles.
The amount to be $16,632.00. Ayes (5), Nays (0). Motion carried.
Resolution No. .413-82,approving a resolution of the Public Utility
Board approving a contract agreement with Midland Constructors for
furnishing Zumbro River Substation contruction._The amount is
$421.737.00 Ayes (5), Nays (0). Motion carried.
An Ordinance Rezoning certain property and amending Ordinance No.
1659 known as the Zoning Ordiannce of the City of Rochester,
Minnesota to B-4 General Business District ( James Pierson at 632
llth St. N. W. ) was given .its first reading.
Having no further business, Bluhm moved, Allen second to adjourn
the meeting. Ayes (5), Nays (0). Motion carried.
City Clerk
Information: 8-16-82
1. Notice of Summons - Sharon Westergaard vs. City of Roch. Ref. to
City Attorney and Finance Department.
2. Notice of Injury - Mary Hockert - Ref. to City Attorney and
Finance Dept.
3. Committee of the Whole Meeting minutes from the meeting of
April 5, 1982.
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