HomeMy WebLinkAbout11-15-19821860 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - November 15, 1982
Agenda
Item
A-1
AM
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.
Powers moved, Bluhm second to approve the minutes of November 1 3, &
9, 1982 meetings. Ayes (7), Nays (0). Motion carried.
A Hearing on the Proposed project 8213-J 8797 Sanitary Sewer and Wate
main to serve property between East River Road and T.H. 63 North and
South of 23rd Street N. E. Bluhm moved, Duffy second to continue
this hearing for more information from Frank Kottschade. Mr.
Kottschade petitioned for the project. byes (7), Nays (0). Motion
carried.
A Hearing on the Application for Planned Unit Development ( Final
Plan ) located near Fourth Avenue and 26th Street N. W. to be known
as Riverview West. Wishing to be heard was Robert McDonald of 112
26th Street N. W. He lives adjacent to the project and is opposed
for the following reasons: 1. The density in the area is still five
times as great as the single family dwellings in the area. 2. Lacks
adequate buffering. 3. Construction of a multi -family dwellings
adjacent to single family dwellings will have airnegative impact on
the value of the single family dwellings in the area. He also thinks
the lot size is to small. Wishing to be heard was Mark Putnam,
Rochester Minnesota representing Builders Land Company and presented
an overhead projection of the project.and the areas that were changed
since the initial project was introduced. He stated that they intend•
ed to put in curved roads and private cul-.de-sacs for one safe entry.
He stated that Builders Land held many public meetings where they
received public input. They felt they dida good job of compromising
with the neighbors. He stated that they responded to the Planning
Commission's recommendations and will construct low scale structures
next to the one family dwellings except for two buildings which will
be 8 plexes. He stated that extensive research was done and he
could not find any facts stating that one family dwellings adjacent
to this PUD would drop in value. Wishing to be heard was Ken Kohl of
223 26th Street N 14. and stated that things were changed from the
original proposal, but that the density was still not considered.
therefore, he was still opposed. Alderman Duffy asked Mr. Putnam
what the proper buffering would be in this situation. Mr. Putnam
stated that the neighbors agreed on trees and the greenery rather
than a fence type buffer. He also stated that the lots of 30 or 45
feet would enhance the buffering. Alderman Strain asked what the
Ordinance states concerning density in the area. He was told that
42 acres would have 4.7 units per acre, 20 acres .would -,have A O units
per acre. 3.3 is the density on the adjacent property. The
Developers have two site plans -one has 208 units and the second 192
units. Ron Bailey -of the Planning and Zoning Department stated that
the western boundary could be set up - single family dwelling then
duplex, duplex, then single family dwelling. No more than..a total
Of 10 duplexes on the north boundary,. They are planning 45-60 feet
in density. However single family dwellings require larger lots
then duplexes.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned. Meeting No. 20 - November IS, 1gA2_
Agenda
Item
B-2 Wishing to be heard was John Pallanch of 215 26th Street N. W. He
was pleased with the neighborhood meetings, however, the density
problem was never changed. Wishi-ng to be heard was Julie Demich of
2916 4th Avenue N. W. and would like to know what site plan they
would be using. She lives on the northern part and stated that one
plan would put in townhouses and the other 8 plexes. She also wanted
to be sure proper buffer would-be put in the area. Pat Dargis,
Developer wished to be heard and stated that the original plan
had 440 units. The current plan will likely have 192 units. He
stated that proper buffering will be in the project.
Alderman Solinger stated that he has been working with this since the
concept stage. He thinks that the developer has been working with the
residents and is pleased that this was done. However he still thinks
density is a problem. He also responded to Mr.-Dargis statement..that
the delay was one and one half years was because the people in the
area were the cause of the problem: Alderman Solinger stated that
economy was probably the biggest factor, not the people in the area.
Having no one else present that wished to be heard, President
Postier closed the hearing. Aldermen Solinger moved and Bluhm
second to approve the plan subject to the reduction of 196 units
maximum; reducing one 8 plex on the North Side of Zumbro Drive
and one 8 plex North of Viking Drive and add a four plex in its place,
Adding -buffering on the west side and include the following condition!
as recommended by the Planning Department and the Planning and
Zoning Commission: .1%:,!Dedicate 45 feet in addition to 75 foot easemer
for West River Parkway right-of-way; 2. Dedicate to the City land
east of the Parkway; 3. Provide sidewalks on Westridge and Westview
Lanes connecting to 2nd Avenue. 4. Increase Westview Lane to 28
feet; 5. Remove island from right -cif -way. Ayes (7), Nays (0).
Motion carried. Pat Dargis, Developer added a statement that with
his motion the j t was not feasible and would not be built.
esolution No. 5?iVU.
B-3 A Hearing on the Application for Planned Unit Develpment ( Final
Plan) on property located at 15th Street S. E. near 9th Avenue S. E.
develped.by Quadco Development. Wishing to be heard was Robert
Larson 947 9th Avenue N. E. representing -the developer. He stated
that neighbors have been cooperative. A Plat is in the process of
being made for the area.. He also addressed the question of soil
borings and stated that this will be taken care of at the time of
filing a building application. Having no further comments, and
no one else present that wished to be.heard, President Postier'closed
the hearing. Allen moved, Powers second to approve the plan .and
adopt Resolution No. 513-82. The City Attorney is also instructed
to prepare an Ordinance"for adoption. Ayes (7),.Nays (0).;-Motion
carried.
B-4 A Hearing.on the Petition to Change the Zoning District from R-1
to B-4 on the Bill Johnke Lincoln Mercury Property at Broadway
and 37th Street N. E. and the adjacent land to the West to Third Avenu
N. E. Having no one present that wished to be heard, President Postie
closed the hearing. Duffy moved, Solinger second to instruct th
City Attorney to prepare an ordinance that can be adopted. Ayes �7)
Nays (0). Motion carried.
1861.
1862 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No 20 - November 15. 1982
Agenda
Item
B-5 A Hearing on the Petition to Change the Zoning District from R-3
and B-la'to I ( Institutional) on properties located at 513-523
2nd St. N. W. and 206 and 210-212 6th Avenue N. W. Wishing to be
heard was Holland Roberts of 848 West Center Street, applicant.
He presented pictures to the Council of the area and how it would
look with the.building moved in the place of the two -houses. He
urged the Council to approve this petition. Having no one else preser
that wished to be heard, President Postier closed the hearing. '
Powers moved, Strain second to approve the petition and instruct the
City Attorney to prepare an Ordinance for adoption. Ayes (7),
Nays (0). Motion carried.
B-6 A Hearing on the Application for Planned Unit Development ( Amended
Final Plan ) on property located at 723 Second Street S. W. to be
known as Eleven Gables Inn. Having no one present that wished to be
heard, President Postier closed the hearing. Solinger moved, Bluhm
second to adopt Resolution No. 514-82 approving the amended final
plan. Ayes (7), Nays (0). Motion carried.
B-7 A Hearing on the Proposed Assessment on Project No. 8110 J 8771
Watermain extension (CSAH # 4) from Pace Foods to General Warehouse.
Wishing to be heard was Joseph Kocer,.Rochester, Minnesota. He has
land which will be affected by this assessment eventually if the land
is annexed to the City. Currently the land is outside the City limits
and will not have an assessment currently payable. Mr. Kocer presente
an alternative to the placement of the watermain which would not have
affected his property at all, however, Roger Plumb, Public Services
Director stated that the watermain,as i:s presently located, will be
able -to serve many properties if and when they are,annexed or choose
to use the watermain. Having no one else :prese►i,t that wished to be
heard, President Postier closed the hearing. Alderman Bluhm asked.
if all the properties outside the City involved with this project have
deferred assessments. Roger Plumb stated that they did.Mr. Kocer
questioned whether the interest charged is legal, being .the assessment
is deferred and not payable until they are annexed. Mr. Fred Suhler
City Attorney stated that at this time we cannot assess this project,
but the law states that when the property is annexed the cost has to
be retrieved. Having no one else present that wished to be heard,
President Postier closed the hearing. Duffy moved, Strain second to
adopt Resolution No. 515-82 approving the assessment. Ayes (7),
Nays (0). Motion carried. A letter from DeVaughn Law Office in
Plainview representing the Kocer's is submitted at this meeting.
B-8 A Hearing on the Proposed Assessment on 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. ( Deferred Assessment against Lot 57 ) Having no one
present that wished to be heard, President Postier closed the hearing.
Bluhm moved, Strain second to adopt Resolution No. 516-82 approving
the assessment. Ayes (7), Nays (0). Motion carried.
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B-9 IA Hearing on the Proposed Assessments on Snow Removal. Wishing to be
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL JL863
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - November 15, 1982
Agenda
Item
B-9 heard was Robert E. Adams of 1604 lith Avenue N. W. and was opposed
to paying for the removal of snow on his sidewalk. He stated that
the sidewalk was not built correctly: The sidewalk is located at
1713 16th Avenue N. W. Wishing to be heard was Arnold Bomgaars
of 820 10 112 St. S. W. He has rental property at 1541 2nd Avenue
N. E. and stated that his renter called the Public Services Dept.
after he had the walk shoveled. Roger Plumb, Public Services Director
stated that they do.not.clean walks until approx. a week after a
snow, and if a walk is shoveled it is not plowed no matter who called
Having no one else present that wished to be heard, President Postier
closed the hearing. Bluhm moved, Powers second to adopt Resolution Nc
517-82 approving the assessment. Alderman Strain asked Roger Plumb
to check on the complaints listed above and report back to the Counci'
Ayes (7), Nays (0). Motion carried.
B-10 A Hearing on the Proposed Assessment - Weed Eradication. Wishing
to be heard was Joe Weischelbaum of 1412 4th Street S. E. and
stated that his bill was lower then other years. He was happy about
that. Having no one else present that wished to be heard, President
Postier closed the hearing. Allen moved, Solinger second to adopt
Resolution No. 518-82 accepting the assessments. Ayes (7), Nays (0).
Motion carried.
IF B-11 A Hearing on the Proposed Assessment New Sidewalk Project No:1-1982
J 8784 N. W. area. Having no one present that wished to be heard,
President Postier closed the hearing. Allen moved, Bluhm second to
adopt Resolution No. 519-82 accepting the assessments. Ayes (7),
Nays (0). Motion Carried.
B-12 A Hearing on the Proposed Assessment Tree Removal. Wishing to be
heard was Don and Pat Anderson of 214 14th St. N. E. and stated that
they were not notified by letter that the tree would be removed. In
contacting the Park Dept-. Dennis Stotz and he stated that he had
sent the letter but it came back to the Park Dept. and he thru it
away. The next notification they received was a red X on their tree.
One -day when they were at work some heavy equipment moved in and
took the tree. In doing so it tore up parts of their lawn and left
a large stump. The tree removal is.assessed at $500.00. This is a
higher price then most all other tree removals assessed by the City.
They are objecting to the assessment as well as the procedure. They
would like relief of this cost. Wishing to be heard was Mary
Bicknese of Eyota, Minnesota and has rental property at 821 17th
Avenue N. E. She said that she received the assessment notice from
the City Clerk, but never received a letter about the tree being
removed or anything from the Park Department. She has an assessment
of $315.00 and is objecting to the amount and procedure. A letter
was received from Nancy Nelson of 517 llth:Avenue S. E. and -she objec-
to the assessment, and she wondered about the procedure for paying fol
this. Having no one else present that wished to be heard, President
Postier closed the hearing. Allen moved, Strain second to adopt
Resolution No. 520-82 accepting the assessment and hold up on the
Anderson and Bicknese assessment until clarification can be made.
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
Agenda
Item
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - November 15, 1982
Duffy moved, Strain second to approve the Appointment to the Committee
on Urban Environment of Beverly H. Nelson, 1064 Plummer Lane S. W.
The position is vacated.by Brad Linder. Ayes (7), Nays (0). Motion
carried.
Powers moved, Solinger second to adopt Resolution No. 521-82
approving and authorizing the execution of a Grant Increase from
the City of Dodge Center in the amount.of $3,675.00 to prepare a
solids disposal plan for Dodge Center. The Cities of Rochester,
Oronoco, Pine Island, Byron, Kasson and Dodge Center were all
included in the Step I grant with the City .of Rochester ais grantee.
Ayes (7), Nays (0). Motion carried.
Strain moved, Bluhm second to approve Change Order -No. 23 associated
with the construction of the Water Reclamation Plant. This is in the
amount of $91,207.23. Ayes (7), Nays (0). Motion carried.
Strain moved, Bluhm second to table the request for a Revocable
Permit / Raymond Lee at 13th Avenue S. W. for 60 days. More infor-
mation is needed. Ayes (7), Nays (0). Motion carried.
Bluhm moved, Duffy second to approve the following payments for
work completed to date on hangar site preparation at the Rochester
Municipal Airport: McGhie and Betts - Est. # 2 1982 T Hangar
site grading and storm sewer ext. $1,999.09; No. 2 Leon Joyce Const.
Est. # 2 1982 T Hangar Site grading and Storm sewer ext. $3,610.34;
No. 3 Alpek Sheet Metal and Roofing Cont. $16,150.00 for 1982
Terminal Roof and Fire Protection watermain; Rochester Airport.
Ayes (7), Nays (0). Motion carried.
Strain moved, Allen second to approve the following licenses and
bonds: Request from Ralph Meyer for a Single dance at the Labor
Temple Nov. 27, 1982. Request from Thomas Cone of the Rochester Host
Lions Club for a Single Gambling License (raffle).on Dec. 29, 1982
at the Kahler Hotel in Rochester. The bond requirements have been
waived. Request for a Single Gambling License received from
Mary Ellen -Tanaka ( Aldrich Memorial Nursery School ) 47 13 1/2
St. N. W. to be held on Jan. 10-Feb. 14.1983. The bond requirements
have been waived. Request received from the Sertoma 1200 Club
for a single Gambling license ( raffle ) to be held�on Dec. 14, 1982
The bond requirement has been waived. Request received from Scott
Storry, Railside Sandwich Express at 31 Fourth St. S: E. for a
Cigarette license. Request received from Michael J. Wiersma,
Worldwide Foods, and Imports for a Cigarette License. This is 125
First Avenue N. W. Ayes (7), Nays (0). Motion carried.
Solinger moved, Powers second to approve the issuance of an On -Sale
Intoxicating Liquor and Special Sunday Liquor License to the Kahler
Hotel for the Clinic View Motel restaurant and bar. Ayes (7), Nays
(0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1865
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 -November 15, 1982
Agenda
Item
E=7ri _:Solinger moved,,, Strain second to approve the Accounts Payable
( semi - monthly ) list attached in the amount of $1,846,603.15.
Ayes (7), Nays (0). Motion carried.
E-8 Duffy moved, Solinger second to reject the one bid received from
Adamson Motors for seven police cars in the amount of $62,874.45.
The specifications would have to be rewritten to allow more competi.t
in bidding these cars. Resolution No. 522-82 was adopted setting
a new bidding date. Ayes (7), Nays (0). Motion carried.
E-9 Bluhm moved, Duffy second to approve the Application for Planned Unit
Development ( Preliminary Plan ) on Property located at the Intersect on
of 19th Street and Valley High Drive N. W.to be known as Evergreen
Gardens subject to the following conditions: 1. Increase separation
between Evergreen Drive and 25th Avenue; 2. Locate project sign on
private property; 3. Add sidewalks to one side of frontage road,
19th Street and Evergreen Drive; 4. Increase street widths to
28' with parking on one side; 5. Increase building setbacks for
sufficient parking in front of garages; 6. Increase cul-de-sac
diameters to 45' paved radius and 60' right-of-way; 7. Provide
right turn lane from Valley High Drive onto Evergreen Drive; 8.
Move service road along Valley High Drive onto Evergreen Drive;
9. Reduce commercial floor area to 9,200 sq. ft. if staff opinion
of locational criteria is not accepted. 10. Provide list of proposed
retail uses in commercial building. Items: 8 and 9 were stated as
not completed at the time of this Meeting. The other items were
listed as a matter of record. Ayes (7), Nays (0). Motion carried.
E-10 Powers moved, Solinger second to instruct the City Attorney toprepar
an Ordinance approving the petition to annex 0.13 Acres'of vacant
land lying to the East of Northern Slopes First Subdivision.
Ayes (7), Nays (0). Motion carried.
E-11 Strain moved, Bluhm second to adopt Resolution No. 523-82 and
524-82 approving and authorizing the execution of a contract with
Rochester. Transportation Systems, Inc. for operation of. the ZIPS
Service in 1983 at the reduced rate of $14.95 per vehicle hour, and
approving and authorizing the execution of a contract with Olmsted
County for the local share of 1/6 the deficit to be provided by the
County in support of 1983 dial -a -ride service. Ayes (7), Nays (0).
Motion carried.
E-12 Duffy moved, Bluhm second to adopt Resolution No. 525-82 scheduling
a public hearing to be held on December 20, 1982 for consideration
of a fare increase on the ZIPS Dial -A -Ride System. Ayes (7), Nays (0)
Motion carried.
E713 Bluhm moved, Strain second to adopt Resolution No. 526-82 approving a
Engineering Services contract for Project No. 8215-J 8799� -
Santtary Sewer and Watermain Extensions to serve the N. W. HyVee
Site. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned MPPtina No 20November 15 ,1982
Agenda
Item
E-14 Allen moved,'Strain second to adopt Resolution.No. 527-82 approving
a resolution of the Public Uti 1 i ty 'Board' approving an agreement
to pay the Rochester Park Dept. for furnishing 1 acre of land at
Well Site No. 28. Amt..of payment is $15,000.00.
Resolution No. 528-82 approving a resolution of the Public Utility
Board approving a contract agreement with Bergerson-Caswell, Inc.
for material used in the construction of Well No. 29. Amt. to be
increased $13,245.50. Total contract to $102,694.50.
Resolution No. 530-82 approving a resolution of the Public Utility
Board approvi.ng a contract amendment agreement with Floyd Larson
Construction Company for rebar in concrete footings and to remove
and reconstruct portion of retaining wall. Amt. to be $5,468.00
and total contract agreement to $77,900'.00. Ayes (7), Nays (0).
Motion .carried.
E-15. Solinger moved, Powers second to adopt Resolution No. 530-82 authorizi
the City Clerk to advertise for bids to be opened at 11:00 A.M.
on December 2, 1982 for Monitoring Well Improvements at the Sanitary
Landfill. Ayes (7), Nays (0).Moti.on carried.
E-16 Powers moved, Allen second to approve the pruchase of property at
1207 6th Street S. E. needed for the improvement to Mayo Run. Total
purchase price of this house is $34,050.00. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance Rezoning Certain property amending Ordinance 1659
known as the Zoning Ordinance of the City of Rochester, Minnesota
to PUD-R-63 Outlot 1 of the Replat of South Home Second Addition in
:.the City of Rochester( Quadco ) was given its first reading.
F-1 An Ordinance Rezoning property.to B-4 ( General Business ) Section 24,
Township 107 North., Range 14 West ( Bill Johnke's Lincoln Mercury
land ) was given its first reading.
F-1 An Ordinance Rezoning property to I ( Institutional ) in.Commings
Addition to Rochester ( Regency West ) Holland Roberts, was given
its first reading.
F-1 An Ordinance Annexing 0.13 Acres of unplatted land situated East of
Northern Slopes First Subdivision in Cascade Township to the City
( H.E. Payne Co) was given its first reading.
F-1 An Ordinance Rezoning to M-1 Telex Parking Lot was given its second
reading. Solinger moved, Bluhm second to adopt the Ordinance as
.read. Ayes (7), Nays (0). Motion carried.
F-1 In Ordinance Relating to the Increase in size of the Board of Rochester
ivic Music to 25 members - two from each ward and 13 members at large
as given its second reading. Solinger moved, Duffy second to adopt
he Ordinance as read. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1867
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - November 15, 1982
Agenda
Item
F-1 An Ordinance Rezoning certain property creating a Planned Unit
Development -R-62 ( Assembly of God Church, Life Manor Project
on 18th Avenue N. W. ) was given its second reading. Bluhm
moved,`Strain second to adopt the Ordinance as read. Ayes (7),.
Nays (0). Motion carried.
F-1 Ordinance Annexing 81.4 Acres of land situated on the West side
of C.S.A.H. 8 and North of Baihly Woodland Subdivision was given its
second reading. Strain moved, Bluhm second to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
G-1 Allen moved, Duffy second to remove the Agreement for Sludge
Application at the Rochester Municipal Airport from the table.
Ayes (7), Nays (0). Motion carried. Powers moved, Bluhm second
to adopt Resolution No. 531-82 approving the agreement and authorize
the Mayor and the City Clerk to sign said agreement. Ayes (7),
Nays (0). Motion carried.
G-2 Solinger moved, Powers second to leave the Application to vary the
provisi6ns_ of Para. 67.400 to allow an addition to a House to be
constructed below the flood protection elevation on the table.
Ayes (7), Nays (0) . Motion carried.
F-1 An Ordinance approving a Planned Unit Development known as .Riverview
West located near Fourth Avenue and 26th Street N. W. was given its
first reading.
Having no further business, Strain moved, Allen second to adjoun
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information - 11-15-82
1. Notice of Claim - Katherine M. Kearney vs City of Rochester -
ref. Attorney and Finance Dept.
2. Summons - Arne P. and Samia Nelson vs City of Rochester --Ref.
Attorney and Finance Dept.
3. Letter from Delores Crawley RE: Pawnbroker's License
4. Committee of the Whole Meeting Minutes from Meetings of
August 9, 1982, August 23, 1982, August 30, 1982 September 13,20,
27, 1982 October 4, 7, 18, 25, 1982 and November 1, 1982.
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