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HomeMy WebLinkAbout11-07-19832fG84 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 November 7 „ 1983 A-1 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Powers, Solinger and Strain. Absent :.Alderman Bluhm. Allen moved, Strain second to approve the minutes of the October 3, 17, and 24, 1983 meetings. Ayes (6), Nays (0). Motion carried. C-1 Solinger moved, Duffy second to approve the following appointments by the Mayor to the Music Board: First Ward : Jane Rudenick, 820 8th Ave. S. E. Term expires Jan. 1985. Fills unexpired term of Norma Schultz. At Large: Nancy Garrett, 195 South Broadway. Term expires Jan. 1986. Fills unexpired term -of Bill Oehler. At Large Sidney Suddendorf, 512 5th Street S. W. Term expires Jan. 1-985. Fills the unexpired term of Barbara Hartger. Ayes (6), Nays (0). Motion carried C-2 .Duffy moved, Allen second to approve the following appointments by the Mayor to the Human Rights Commission: Randall -Peterson of 1417 4th Ave. N. W. - Term May 1, 1986. Fills the vacancy created by Jacqueline Underwood. James M. Russell, 2016 19th Street N. W. Term expires May 1, 1985. Fills unexpired term of Marilyn Rahman. Deanna Rayl or of 2630 11 th Avenue N.W. Term to expire May 1, 1984. Fills the unexpired term of Lori Rieder. Ayes (6) , Nays (0) .Motion carried C-3 ;8trainimoved, Powers second to approve the following appointments by he Mayor to the Zoning Board of Appeals: Richard Tulius of 515 th Avenue S. W. Thomas P. Murray of 3108 14th Ave. N. W. These are appointments and terms expire September 1, 1986. Jay B. Weis of 2 13th Avenue N. E. Term expires Sept. 1, 1986 and fills the expired erm of Gerald Gilreath. Dorothy Combs of 1103 7th St. S. W. Term xpires September 1, 1986. Fills the expired term of Peter McHardy. yes (6), Nays (0). Motion carried. C-4 owers moved, Solinger second to approve the following apointments by he Mayor to the Building Code Board of Appeals: Terms to run to ovember, 1985. John Benike of 3718 Willow Heights Drive and Arlen ingfiel of 3819 Second Street N.W. Ayes (6), Nays (0). Motion carries E-1 train moved, Allen second to set a hearing for December 5, 1983 at .30 P.M. on the consideration to terminate the City's steam system. yes (6), Nays (0). Motion carried. E-2 olinger moved, Powers second to approve Change Order No. 32 for the a ter Reclamation Plant Construction in a net increase of $97,732.74. yes (6), Nays (0). Motion carried. E-3 train moved, Solinger second to adopt Resolution No. 624-83 authorize! public hearing to be held on December 5, 1983 on the Commercial ehabi 1 i tati:on,,Loanf,Appl i cati on for property located at 21 Second St. . W. ( the Old Northwestern Bank Building ) This is owned by roadway Associates. The amount considered is $195,500,000. Ayes 6), Nays (0). Motion carried. 'J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17, November '.7, 1983. Agenda Item E-4 Duffy moved, Allen second to adopt Resolution No. 625-83 amending Resolution No. 469-83 to change the legal description .of a metes and bounds conveyance of property owned by Rochester Sand and Gravel which:is located in, the,�2600:B1ockr;of,,North,;:Brbadway.- Ayes_(6)-, Nays (0). Motion carried. E-5 Solinger moved, Powers second to instruct the City Administrator to notify Metro Development in writing that the City wishes to exercise i.ts option to extend the access restriction from South Broadway to Soldi.ers Field Plaza for an additional,6 months, pursuant to Section 2 of the Agreement. Ayes (6), Nays (0). Motion carried. E-6 Powers moved, Allen second to approve the following licenses & bonds: Request received from the Rochester Center for Independent Living, Inc. for a Single Gambling license fora raffle to be held on Dec. 15, 1983. The bond in the amount of $10,000. has been requested to bE waived. A Single Gambling license for a raffle to be held on January 13, 1984 was requested from Rochester Youth Hockey Auxiliary. Request to waive the bond of $10,000. was, -:.al -so submitted. Request received from Hy-Vee Store Inc. 500 37th St. N. W. for a cigarette 1 tcense �at., retail... (�over, the, counter) . Request for a Sewer and Drain license received from Leonard Gysbers, Cannon Falls. This is for the period ending Dec. 31, 1983. Bond was submitted. Request received from Hy-Vee Store at 500 37th St. N. W. for an Off -Sale Non -Intoxicating Liquor License (3.2 beer). Ins. Certificates have been received. Request received from Dennis Berns, The'Woodcrafters, West Concord for a license to Erect and Maintain signs in :the City of Rochester for a period ending Dec. 31, 1983. Ayes (6), Nays (0). Motion carried. E-7 Strain moved, Solinger second to approve the request for an On -Sale Intoxicating Liquor License for North Route Restaurant Corp. This is located at 4320 Highway 52 North and is scheduled to open on Jan. 15, 1984. Alderman Duffy wanted a clarification on the menu. He did not think the one that was presented was up to standards for granting an On -Sale Liquor license. Pres. Postier agreed, but said that he saw steaks and seafood dinners on the menu. Alderman Strain agreed with President Postier and said the difference between this request and one similar that the Council did not approve was the relationship of the menu in connection with a pizza place. Mike Pappas, 2210 18.1/2 Ave. N. W. was present and will manage the restaurant. Mr. Pappas answered questions that the Council had about the facility. Alderman Allen stated that he votes against all of these type of requests and he was not voting against this particular request. Having no further discussion, vote was taken. Ayes (4) Nays (2). Alderman Duffy and .Allen voting nay. Motion carried. E-8 Duffy moved, Strain second to approve the Accounts Payable (list attached ) semi-montly in the amount of $1,167,430.06. Ayes (6), Nays (0). Motion carried. 2086 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17- November 7, 1983 Agenda Item E-9 Duffy moved, Powers second to approve the request for retaining the firm of Smith. and Schafer and Ferguson to conduct an,examination of the financial statements of the Rochester City Lines Company for the year ended December 31, 1983. Ayes (6), Nays (0). Motion carried. E-10 Strain moved, Allen second -to adopt Resolution No. 626-83 awarding the low bid of $9,484.00 to Cimline Division of the Construction Material Co. for a melter applicator to be used for sealing cracks and joints in the streets ( Street and Alley Dept.). Ayes (6), Nays (0). Motion carried. E-11 Duffy moved, Allen second to adopt Resolution No. 627-83 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on November 29, 1983 for a compact sedan.This would be used in the Public Services Dept. Ayes (6), Nays (0). Motion carried., E-12 Powers moved, Duffy second to adopt Resolution No. 628-83 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on November 29, 1983 for TV Sewer inspection equipment Ayes (6), Nays (0). Motion carried. E-13 Strain moved, Allen second to approve the prepared Resolution No. 629-83 approving the Minnesota Emergency Employment Development Bill which allows the City to employ -persons for a period of 6 months at $4.00 per hr. at no cost to the City. Duffy amended the motion and was second by Alderman Strain to discontinue the employees and the practice of retaining the employee after the State money is expended. Ayes (6), Nays (0). Amended motion was carried. The original motion was voted on. Ayes (6), Nays (0). Motion carried. E-14 Solinger moved, Powers second to adopt Resolution No. 630-83 to approve the request for reclassification of the Deputy City Clerk position. The position is reclassified to Grade 8 "B" grid system and range $15,547.- $21,876. Ayes (6), Nays (0). Motion carried. E-15 Allen moved, Strain second to approve the Petitions to Annex by Ordina a total of 53 acres of vacant land West of Country Club Manor. Wishir to be heard was Tom Taylor - Land consultant for Johnson,Drake and Piper who are the petitioners. He asked that this not proceed until after the first of the year. The motion included the developer should work out the access agreement. It was noted that this would be included in the plat when it is completed. Having no further comments Ayes (6) , Nays (0) . Motion -carried. E-16 Solinger moved, Duffy second to adopt Resolution No. 631-83 affirming the recommendation of the Rochester Zoning Board of Appeals.The request was made for a Flood Plain Zoning variance at 1925 West Center Street, Lot 13, Block 6, West Zumbro Addition. The applicant wanted to have the code varied to allow a single family dwelling to be constructed in the flood plan. The Zoning Board of appeals denied the request. The Council concurred. Ayes (6), Nays (0). Motion carried. ce LJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7, 1983 Agenda Item E-17 A lien moved, Sol inger second to adopt Resolution No. 632-83 accepting a feasibility report and .ordering a hearing to be held on January 4, 1984 on Project No. 6220-W-84 J 8539 "Street Reconstructi on West Center Street from 4th Avenue West to 16th Avenue West." Ayes (6), Nays (0). Motion carried. E-18 Powers moved; Allen second to table the Item of purchasing the Prochaska Residence at 625 loth Avenue S. E. until the evening. Ayes (6), Nays (0). Motion carried. More information was needed by the Council. E-19 Solinger moved, Allen second to adopt Resolution No. 633-83 requestii that the Commissioner of Transportation of the State of Minnesota designate the following described streets in the City of Rochester as extensions of or additions to the Municipal State Aid system of streets: 1. Extension of Existing Municipal State Aid Street No. 126. - 41st St. N: W. from the East Frontage Road of T.H. 52 East approx. 0.5 miles to 18th Avenue N. W. and 2. New Municipal State Aid Street. An ext. of 5th St. N. W. from the vicinity of the presen. intersection of 4th Avenue N. W. and 4th Street N. W. So. and easter' to 2nd Avenue N. E. to a point approx. 100 feet south of the main line tracks of the Chicago and North Western Transportation Co. Ayes (6), Nays (0). Motion carried. E-20 Powers moved, Allen second to adopt Resolution No. 634-83 adding Paragraph (193.9) to Section B, No Parking Zones to read: 12th Avenue S. W. on the West side, from 6th Street to 7th Street, at all times, on both sides between 6:00 A.M. to 9:00 A.M. and 3:00 P.M. to 5:30 P.M., Monday thru Friday. A citizen of 1201 7th Street N.W. was present and wished that the above mentioned restric ions be adopted rather than eliminate parking entirely. Alderman Duffy supported this as long as all of the residents agree. David Rossman, Traffic Engineer stated that all the residents do want the time restrictions implemented rather than no parking at all. Ayes (6), Nays (0). Motion carried. E-21 Duffy moved, Strain second to table the request for Limited Parking Zone at the Thrift Shop at 703 14th Avenue S. W. More information is needed. Ayes (6), Nays (0). Motion carried. E-22 Allen moved, Powers second to adopt Resolution No. 635-83 deleting paragraph (25) of Section D, Truck Loading Zones. This is at 412 3rd Avenue S. W. Ayes (6), Nays (0). Motion carried. E-23 Strain moved; Allen second to adopt Resolution No. 636-83 adding Paragraph (5.2) to Section E, Passenger Loading Zones to read: (5.2) North -South Drive along the east side of the Rochester Civic Theatre, on the west side of said Drive, for a distance of 175 feet, more or less. Ayes (6), Nays (0). Motion.carried. y ® RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 88 CITY OF ROCHESTER, MINNESOTA Regular Meetin4 No. 17 - November 7. 19 Agenda Item E-24 Duffy moved, Powers second to adopt Resolution No. 637-83 and 638-83. declaring the costs to be assessed and ordering a hearing to be held on November 21, 1983. This is on Project No. 6203-3-82 J 8792 Street Improvemetn on 3rd Street S. W., from 1st .Avenue S. W. to 3rd Avenue S. W. Ayes (6), Nays (0). Motion carried. E-25 Solinger moved, Strain second to adopt Resolution No. 639-83 and 640-83 declaring. the cost::to be assessed and ordering a hearing for November 21, 1983 on Project No. 6202-3-74 J 8518 Sanitary Sewer and Watermain Ext. to serve Hillside School. Ayes (6), Nays (0). Motion carried. This is on a deferred lot - Plat 1680 Parcel 10600. E-26 Duffy moved, Powers second to authorize the Mayor and City Clerk to sign, the consent of lessee for the public street easement granted by Mrs. Essex for West River Road in Section 14, Cascade Township to the City of Rochester for the sum of $1,640.00. Resolution No. 641-83 is adopted. Ayes (6), Nays (0). Motioni:carried. E-27 Solinger moved, Powers second to table the request to file a Notice of Intent to the State of Minnesota to shut down the City Steam System within two years. No action can be taken at this time. A Public Hearing will be held on December 5, 1983 on this matter. Ayes (6), Nays (0). Motion carried. Allen moved, Solinger second to adopt Resolution No. 642-83 approving a resolution of the Public Utility Board to enter into a contract agreement with COMIDCO Inc. for ash waste disposal services. The cost shall be at a rate of $1.35 per cubic yard with rate adjusted annually beginning Jan. 1, 1985. The term shall be a minimum of 5 years. Ayes (6), Nays (0). Motion carried. E-28 Powers moved, Strain second to adopt Resolution No. 643-83 and 644-83 declaring the costs to be assessed and declare a public hearing to be held on January 4, 1984 on Project No. 7002-0-78A and 7002-0-79 J 8663 and 8695. This is Sanitary Sewer Extension in 15th Ave. S. E. Melody, Mayfair and Mayhill Street in Marvale Addition. The assess- ment in on a deferred Plat 7312 Parcel 00100. Ayes (6), Nays (0). Motion carried. E-29 Solinger moved, Strain second to approve the request granting the On -Sale Intoxicating Liquor license to Eduardo's at 530 llth Avenue N. W. This is contingent upon the construction of the proposed addition. Ayes (6), Nays (0). Motion carried. E-30 Allen moved, Strain second to adopt Resolution No. 645-83 setting a hearingdate of November 21 1983 forproposed assessments against Trees and Weeds that were removed by the City of Rochester. Ayes (6), Nays (0). Motion carried. E-31 Strain moved, Allen second to approve the request for a lot split submitted by Walter D. Cassel of Meadow Hills, Inc. This is for Sanitary Sewer Trunkline - Plat 5135 and Parcel 01303. This should be split between Meadow Hills 2nd Sub. and the remainder of Parcel 01303. Ayes (6) Nays (0). Motion carried. J 0 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular %Meeting No. 17 - November 7. 1983 Agenda Item E-32 Solinger moved, Allen second to adopt Resolution No. 646-83 accepting the Grant Amendment Award for the Water Reclamation Plant Construction in the amount of $436,400.00 This grant number is C270804-03. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance'Annexing certain properties in the Golden Hill area tha are 60% or more surrounded,was given its first reading. ( This was between 22 and 23rd Street S. W. Duffy moved, Solinger second to suspend the rules and give this a second.reading. Upon Roll call vote:; Aldermen Allen, Duffy, Powers, Solinger, Strain and President Postier voted aye. Ayes (6) , Nay, (0). Motion carried and the Ord- inance was given its second reading. Allen moved, Powers second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to the Street names : Renaming Meadow Run Lan e'S. W. as platted in Meadow Hills First and Shadow Run First Subdivisions to Meadow Run Drive S. W. was given its second reading. Solinger moved, Duffy second to adopt the Ordinance as read. Ayes (6, Nays (0) . Motion carried. F-1 An Ordinance Annexation 4.0 Acres at SE quadrant of intersection of Third Avenue N.. W. and 37th Street was given its second reading. Duffy moved, Solinger second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Rezoning to R-2 Lots 16-19 Block 4 of Highland Addition was given its second reading. Strain moved, Allen second to adopt the Ordi,.nance as read. Ayes (6), Nays}(0). Moti,on carried. F-1 An Ordinance Relating to the Zoning Providing for the designation of Flood Fringe Use an Floodway Districts; amending thO Rochester Code of Ordinances, Sections 67.200 and 68.200 was given its second reading.( This involves various map amendments to FF and FW Districts. ). Solinger moved, Strain second to adopt the Ordinanc as read. Ayes (6), Nays (0). Motion carried. F-1"._ An Ordinance Relating to the Zoning ; Deleting the Requirement that property affected by a Petition to change the Zoning District be posted;.amending the RCO Sec.-61.503. was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An,:Ordinance Relating to Zoning; Floodplain regulations; providing for certain additions to structures and accessory structures to be constructed at the Regional Flood Elevation; amending the Rochester Code of *Ordi nances , Sec. 67.400 was given its second reading. Allen moved, Duffy second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 Solinger moved, Allen second to adopt Resolution No. 647-83 approvinc an Owner contract Phase II of Basic Construction in Parkview Second Sub. N. A. Realty, Inc. Larson Construction and Shamrock Enterprises. Ayes (6), Nays (0). Motion carried. �2090 Agenda Item F-1 G-1 A-1 B-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7, 1983 An Ordinance Annexing to the City of Rochester approximately 13 acres of land in Cascade Township located West of Country Club Manor was given its first reading. An Ordinance Annexing to the City of Rochester approximately 14 acre! of land in Cascade Township located West of Country Club Manor was given its first reading. An Ordinance Annexing to the.City of Rochester approximately 26 acre! of land in Cascade Township';l.ocated West of Country Club Manor was given its first reading. Duffy moved:, Allen second to remove the Application for the. Final Plat of Rolling Green Fifth from the table. Ayes (6), Nays (0). Motion carried. Allen moved, Powers second to adopt Resolution No. 648-83 approvaiing the plat. Ayes (6), Nays (0). Motion carried. Having no further business, Allen moved, Strain second to adjourn the meeting until 7:30 P.M. Ayes (6), Nays (0). Motion carried. President Postier called the meeting to order,at 7:30 P.M., the following members being present: President Postier, Aldermen Allen, Duffy, Powers, Solinger and Strain. Absent : Alderman Bluhm. A Hearing on -the 1984 Community Development Block Grant Appropriati Wishing to be heard is support of the Child Resource Center's request for $50,000. was Arlene Wicker of 1646' 8 1/2 Avenue S. E., Dick Husband of 1408 4th Street S. E., Laurel Kelly of 427 4th Street S. W. Also wishing to be heard was Joan Sass of Rochester Minnesota, Chairperson of the Housing and Redevelopment Authority. She requested the Council to consider the amount ;.-of_.$200,000 to be granted to the Authority. Having no one else present that wished to be heard, No Action was taken at this meeting. A Hearing on the Commercial Rehabilitation Loan Application for Hal Henderson. This is a::hea.ring to consider the issuance• , sale and delivery of the $17,766.84 Industrial Dev. Revenue Note. Wishing to be heard was Bill Lang of 724 1st St. S. W. He appeared on behalf of the Downtown :.,Tomorrow and urged the Council to approve this. Having no one else present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to adopt Resolution No. 649-83 authorizing the issuance. Ayes (6), Nays (0). Motion carried. A Hearing on the Commercial Rehabilitation Loan Application/ Dison's Cleaners. This hearing was continued until November 21,.1983 upon motion by Duffy, Second by Solinger. Ayes .(6), Nays (0). Motion carried. A Hearing on the Adoption.of the 1983 Building Code.and Recommended Options. Wishing to be heard was Arleigh Benike of 1249 Marion Rd. S.E. He -was apposed to the sprinkler sec: _ of the code. Also in opposition was Myron Thomas of 539 No. Heights Dr. and Jay Bagne 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7, 1983 Agenda Item B-4 121 14th Street N. E. He clarified some of the insurance rates that affected buildings.. He stated that it really did not make much difference. on'the building rate if it was sprinkled or not. This of course depended on the construction. Orville Mertz, Fire Chief of the City of Rochester stated that it did make a difference and he asked Mr. Bagne what about the contents of residents apartmen- or condos. That is where the insurance rates could escalate. Wishing to be heard in opposition was Harold Hodge of 111 7th St. S. E. and stated that if he wanted to construct a 1100 sq.ft. bldg. it would have to be sprinkled. He was not,in favor of doing this because it was a building used for a business ..Whe.re people would be shopping and not a life threatening situation. Gene Parks, Rochester, Minnesota and Director of the Housing and Redevelopment Authority was present and opposed this part of the code. He stated that Rehab housing was being built and if sprinklers were a law to be installed the HUD funding would not handle it. They did not have any money for that requirement. Greg Linvall of Owatonna, Minnesota who installs sprinklers was present and explained that it doesn't cost a large amount of money to put sprinklers in. It costs $1.,00 sq. Ft. to $1.50 and existing buildings maybe $2.00. Chief Mertz presented figures on costs of installing sprinklers and the value to the owner of said buildings. It proved that sprinklers could and would pay for themselves. Afer discussion by Aldermen, noting that absent Alderman Bluhm was not in favor of the sprinkler part of the code. PHay.ing:-no one else present that Wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to instruct the City Attorney to prepay( an Ordinance including the sales tax certification language and the building code with the exception of the Appendix E•., :Wh i.ch is being held over for further discussion. Ayes (6), Nays (0). Motion carriec B-5 A Hearing on the Official Street Map No. 8 for Proposed Right -of - Way Designation from CSAH No. 22 from the Center of Section 24, Cascade Township to CSAH No. 2 ( Viola Road N.E. ) Wishing to be heard was Paul Blee of 1505 33rd St. N. E. and was concerned about the road that was planned around his house. Ed Stollof of the Planning Department explained that in the final design they would be 50 feet from this mans house. The ROW only would be 10 feet away. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Strain second to approvc this and instruct the City Attorney to prepare an Ordinance that can be adopted. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on the Proposed Assessmai-ts on Project No. 6300-N-83 J 8817 Sanitary Sewer Extension on east Side T.H.. 63 North to serve north 350 feet of Rochester Sand and Gravel Property. Having no one present that wished to be heard. Duffy moved Strain second to adopt Resolution No. 649A-83 accepting the assessments. Ayes (6), Nays (0). Motion carried. Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7, 1983 A Hearing on the Proposed Assessments on Project No. 6303-1-83 J 880! Sanitary Sewer and Watermain extension in 3rd Avenue N. E. from 32nd Street N. E. to 218' North. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Powers second to adopt Resolution No. 650-83 accepting the assess- ments. Ayes (6), Nays (0). Motion carried. AA Hearing on the Petition to vacate the platted alley in Block 4 of the Highland Addition from the 2200 Building ( former Hillside School ) Westerly to 23rd Avenue S. W. Wishing to be heard was Dick Hexum, owner of some of the property. He wanted to clarify the number of lots that was being considered. He stated that Yte thought some of the lots (al ley)' had been vacated previously. He was told that some of the lots had been petitioned for and Tom Hexum of Rochester, Minnesota, also part owner of the property had petitioned for additional lots at this time. Roger Plumb, Public Services Director stated that he still had not received a grading plan for the drainage problem. He stated that he needed one. Mr. Plumb also stated that he did not have the footings design or any plans. He was informed that they did receive a footing permit Mr. Plumb contended that he did not have the design and he needed it. Mr. Tom Hexum wished to be heard and told the Council that he did not think that he should be responsible for the drainage of the entire area. He stated that this was township and county water and he would take care of the water on his property, but nothing else. Alderman Strain asked Mr. Hexum (Tom) when he put the footings in. He was told that they were already in place. Mr. Plumb was not called about this until Friday, November 4, 1983 at 4:00 P.M. Mr. Plumb did not have the plans, and Mr. Plumb noted serious problems with flooding. Mr. Plumb went on to say that they graded and filled an area that is now being flooded. This would cause backup further up the line. Mr. Plumb stated that he was not in favor of this and again stated that they had not submitted a plan to him as of this date. Alderman Duffy questioned Mr. Hexum as to why they did not have an engineer work on this plan sooner. Mr. Hexum stated that no engineeri plan was asked for. Alderman Strain told Mr. Hexum that at the first hearing neighbors were present and were concerned about the water. President Postier stated that Mr. Hexum stated that he would take care of the water problem and so far he has not. He stated that from what Mr. Plumb stcAted the things which were asked of them to provide were not provided. Mr. Hexum stated that he<=has done every- thing that the code calls for. Mr. Hexum stated that he will take care of the water at his junction but still maintains that the city, county and township should work out the other problems. Mr. Richard Hexum wished to be heard and stated that the' water problei was much greater then what was caused by their project. He stated that water was not lined up properly with ,the culvert. Roger Plumb stated that elevations have changed on this property and that with the fill, they took this from the ditch and used it in another area. Mr. Richard Hexum again stated that an Engineer was hired to take care of the water on his property and the City should do something about the other problem. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7, 1983 Agenda Item B-8 Wishing to be heard was Jim Ballard who was involved in the project known as the 2200 building. He was concerned about the water drainage. Having no one else present that wished to be heard, President Postier closed the hearing. Aldermen felt that holding up the vacation of the alley because of a drainage problem was not warranted at this time,but informed Mr. Hexum to get this solved. Allen moved, Solinger second to adopt Resolution No. 651-83 to vacate the -alley excluding the 10 foot wide utility easement. This should be retained being 5 feet on either side of the centerline of the.alley from the eastern boundaries of Lots 12 and 23 to 23rd Avenue S. W. Ayes (6), Nays (0). Motion carried. B-9 A Hearing on the Update of Tax Increment Financing Plan. Having no on( present that wished to be heard, President Postier closed the hearinc Powers moved, Duffy second to adopt Resolution No. 652-83 Amending the Development Program and Tax Increment Plan for Development District No. 2 of the City of Rochester. Ayes (6), Nays (0). Motion carried. B-10 A Hearing on the Final Plat of Shadow Run Third Subdivision. Having no-one present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to adopt Resolution No. 653-83 approving the plat. Ayes (6), Nays (0). Motion carried. B-11 A Hearing on the Final Plat of Meadow Hills Third Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Solinger moved, Allen second to deny the plat and waive any future requirements that may occur when they resubmit the plat. Ayes (6), Nays (0). Motion carried. B-12 A Hearing on the Final Plat of Northern Slopes Fifth. Having no one present that wished to be heard, President Postier closed the hearing Solinger moved, Strain second to adopt Resolution No. 654-83 approvin the plat. Ayes (6), Nays (0). Motion carried. E-18 Strain moved, Powers second to remove the request to purchase the Prochaska Residence at 625 loth Avenue S. E. from the table. Strain moved, Solinger second to accept the market value of $92,000 and approve the City to purchase this residence. The moiney has been funded thru CDBG.,Funds. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to an Official Street Map; Adopting Official Street Map number 8; the Proposed Right -Of -Way for C.S.A.H. 22 from the Center of Section 24, Township 107,iNo►c:th,Range 14. West to C.S.A.H. 2 was given its first reading. F-1 An Ordinance Relating to the Fire Code; Amending the Rochester Code of Ordinances, Sections 55.01; 55.04; 55.05 and 55.06 was given its first reading. F-1 An Ordinance Relating to the Building Code; Providing for the �. ,*: 2094 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 7., 1983 Agenda Item F-1 Adoption of certain provisions of the Uniform Code; Providing for Fees; Amending the Rochester Code of Ordinances, Sections 50.01 (1) 50.01 (2), 50.02 , Subdivision 4 and Subdivision 5 (1). was given its first reading. Having no further business, Powers moved, Allen second to adjourn the meeting until 2:30 P.M. on November 15, 1983. Ayes (6), Nays (0). Motion carried. / City Clerk Information 11-7-83 1. Committee of the Whole Meeting Minutes from meetings of 10-17-83 and 10-24-83 2. Notice of Claim - Lorraine Smekta - Referred to City Attorney and Finance Department. I.