HomeMy WebLinkAbout05-07-19841
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2187
CITY OF ROCHESTER, MINNESOTA
Regular,Meeting No. 35�May 7, 19R4
Agenda
Item
A-1 President Postier called the meeting to order at 2:00 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers, Solinger and Strain. Absent: None.
Powers moved, Duffy second to approve the minutes of the April 16 and
18, 1984 meeting. Ayes (7), Nays (0). Motion carried.
C-1 Wishing.to be heard was Mr. David Adams of Rochester, Minnesota regard
ing the Mayor's Veto of the Federal Prison Environmental Statement
( Lawsuit.). He is opposed to the Federal Prison being located on
the former Rochester State Hospital grounds and gave the following
reasons: 1. The.Federal Prison facility would be located in the middy
of 64acres is a residential area. He stated that the Federal prison
in Butner N. C. has 42 acres fenced in the middle of 700 acres. He
stated that Springfield has a prison in the middle of 327 acres. These
areas do not have residential areas near them. Mr. Adams asked that
the Council listen to these statistics and urged the,Council to over-
ride the Mayor's veto and continue with the lawsuit. Alderman Strain
asked the Council to consider this item at the evening Council meeting
e stated that this is such an intense issue, and by considering this
in the evening session, this would allow more people to attend that
fight be interested and are otherwise working during the day. With
his suggestion, Strain moved, Duffy .second to table this until the
�vening session. Ayes (5), Nays (2). Alderman Allen and Solinger
oting nay. Motion carried.
C-2 Solinger moved, Allen second to approve the Mayor's appoi.ntment of
arren W. Zimmerman of 1690 7 112 Ave. N. E. to the Mayor's Advisory
ommi.ttee on Alcohol and Drug Abuse. This was created by the resign-
ation of Dahna Ihrke. Ayes (7), Nays (0)._Motion carried.
D-1 lowers moved, Strain second to adopt Resolution No. 231-84 referring
he petition received from Harold and Bernice Buske of 1809 lst Ave.
. W. and Wendy Ryan of 1813 lst Avenue S. W. for sewer and water
ervice.to the Public Services Department for a feasibility report.
yes (7), Nays (0). Motion carried.
D-2 Bl!uhm moved, Duffy second to adopt Resolution No. 232-84 referring
the petition received from Rochester Block and Supply Co.', Lowell
Penz, President for Water supply and distribution system, well and
appurtenances, pump and pump house to serve the property in Willow
Creek Sewer District. Ayes (7); Nays (0). Motion carried.
D-3 Allen moved, Solinger second to adopt Resolution No. 233-84 referring
he petition received from Mr. Robert Elmen for the following
mprovements: 1. Extension of Frontage Road, East side, Highway 52 N.
north of 55th Street N. W., to its intersection with Bandel Road at
north line, Cascade Ridge Subd. 2. Extension of Sanitary Sewer main
o northern extent of Frontage Road improvements. This is referred to
he Public Services Department for a feasibility report. byes (7),
Nays (0). Motion carried.
2188 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
E-1
This item will
be held until
3:00 P.M.
E-2
Strain moved,
Bluhm second to
approve the following option as follows
for the Storm Drainage Improvements in Glendale Subdivision. "The
City would require the developers to assume the drainage expenses
for Glendale Subdivision, but would credit the developer with the
expenses previously assessed to the property for drainage improvemetn!
made to other properties. In effect, the City would be assuming the
previous assessment expenses. The assessment expenses are in the
approximate amount of $33,000.00. The City.- will participate in
1/2 the cost of the Storm pipe crossing the intersection: Ayes (7),
Nays (0). Motion carried.
E-3 Bluhm moved, Strain second to adopt Resolution No. 234-84 establishin
the values of just compensation for potential acquisition of property
which would be utilized for the East River Parking area. The values
are as follows: 125 Third Street S. E. $48,000.00; 121 Third Street
S. E. $34,000.00 and 303-317 First Avenue S.E. $43,000.00. Ayes (7),
Nays (0). Motion carried.
E-4 3olinger moved, Duffy second to instruct the City Attorney to prepare
n ordinance whereby the City of Rochester would be authorized to cleat
p rubbish from private property and assess the costs of the clean-
p back to the property owner as a special assessment. Ayes (7),
lays (0). Motion carried.
E-5 uffy moved, Allen second to adopt Resolution No. 235-84 authorizing
he acquisition of property owned by George Baihly located in Section
0 of Rochester Township and Outlot A, Baihly Woodland. This appraisa'
ame to the following amounts $15,000. for the Water Tower Site and
8,500.00 for the Wall House Side. The total is $23,500.00. This
lso authorized the Mayor and the City."V erk to execute the purchase
greement. Ayes (7), Nays (0). Motion carried.
E-6 3olinger moved, Allen second to adopt Resolution No. 236-84 approving
n agreement with McGhie and Betts for Engineering services for the
ochester Municipal Airport for Runway 13/31 Reconstruction. The
ayor and the City Clerk are authorized to execute all documents
ertaining to the project. Ayes (7), Nays (0). Motion carried.
E-7
Allen moved, Strain second to adopt Resolution No. 237-84 authorizing
:he City Clerk'to advertise for bids on the Hangar Area Taxiway and
,oad Construction at the Rochester Municipal Airport. The estimated
:ost of the project is $179,402.00.The City share would be $59,801.00.
lids to be opeendd on June 1, 1984 at 11:00 A.M. Ayes (7), Nays (0).
lotion carried.
1
1
Agenda
Item
E-9
E-10
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Duffy moved, Strain second to approve the following License & Bonds:
Request for a Single Gambling License to hold a raffle on June 13,
1984 was received from the Women's Association of Minnesota Orchestra
They requested the $10,000. bond be waived. Request for 3.2 beer
Temporary On -Sale was received from the Rochester Police Benevolent
Association for their sponsored Rodeo on June 8,9, and 10, 1984 at the
fairgrounds. Request for a Single Dance to be held at the Labor Club
on May 12, 1984 received from Mr. and Mrs. Edward Hanenberger, Jr.
Request for a license to Construct Cement Sidewalks, Curb and Gutters.
and Driveways in the City.of Rochester for a period ending Dec. 31,
1984 recieved from Don Walchak, Winona, Minnesota. Request for a
Temporary 3.2 beer license received from the Olmsted County DFL
Party for May 19, 1984. Request for approval of the application to
sell Cigarettes at Retail (over the counter ) received from Donald
Kruger and Lewis M. Schoppers of Huey's Cigar Store at 330 South
Broadway. Request for a Heating, Ventilating and Air -Conditioning
license and -.a Master Installers License for the same received from
James Gander, Superior Plumbing and Heating, Rochester, Minnesota.
The license is for a period ending December 31, 1984. Mr. Gander also
requests approval of a Master Plumbers License. Request received
for a license to construct Cement Sidewalks, Curb and Gutters and
Driveways in the City of Rochester .from William R. Thiemann of B & D
Concrete. Request received from Godfather's Pizza of 1611 16th
Street N. W. for an Off -Sale 3.2 Malt Liquor license.' Request
received from the Rochester Art Center for approval of their applicatl
for a Temporary On -Sale 3.2 beer license for June 3, 1984. Request
received for an application for an On -Sale Non -Intoxicating Malt Liquc
3.2 beer license for the Cellar Restaurant.located in the Campbell Hol
at 302 Second Avenue S. W. Request received from Jim Byrne Construct-
ion of Stewartville, Minnesota for an application to construct Cement
Sidewalks, Curb and Gutters and Driveways in the City of Rochester.
The'`p'eriod ends December 31, 1984.. The following renewal licenses
have been submitted: Cigarettes - Vending machines -(25) - Auctioneer
-(1), Cement Sidewalks, Curb and Gutters and Driveways - (3).
Ayes (7), Nays (0). Motion carried.
;train moved, Duffy second to approve the issuance of an On -Sale Wine
License to Campbell Hotel, Inc. located -at 302 Second Avenue S. W.
This is pending receipt of the insurance and bonds. Ayes (7), Nays
(0). Motion carried.
31uhm moved, Strain second to approve the request from Mr. Lorne Grosse
operating the Street Treets Concessions on City streets and sidewalks
He is also negotiating a contract with the Park Department at this
times. Ayes,(7), Nays (0). Motion carried.
on
r
el
.219® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
E-11
E-12
E-13
E-14
E-15
E-16
E-17
E-18
E-19
B.luhm moved, Duffy second to approve the request received from
Struve Paints for their annual sale to be held on June 22, and 23rd
at 501 North Broadway. Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to approve the request of the Olmsted
County Memorial Association for a Memorial Day parade on May 28, 1984
from 9:15 A.M. to 10:45 P.M. This has been approved. Ayes (7), Nays
(0). Motion carried.
Bluhm moved, Powers second to approve the request submitted by the
Meadow Park Church of Christ to hold a parade on June 10, 1984 as a
kick-off for their vacation bible school. Ayes (7). Nays (0). Motion
carried.
Allen moved, Strain second to approve the request for a Walk-A-Thon
for the National League of Families of POW's-MIA for May 19, 1984.
The Police have approved of the route. Ayes (7), Nays (0). Motion
carried.
Bluhm moved, Strain second to approve the request for a lot split on
Plat 3869 Parcel 00302 - Villa Meadows Replat. This was referred to
the Public Services Department for calculation. Ayes (7), Nays (0).
Motion carried.
Powers moved, Duffy second to approve the semi-monthly Accounts
Payable in the amount of $957,789.84 ( list attached ). Ayes (5),
Nays (2). Alderman Allen and Solinger voting nay. The reason as
stated was the bill that was submitted to LeFevere/Lef/Ken/0'Br/Dra-
for Legal consultation in the Prison issue. The bill is in the amount
of $21,076.05. Motion carried.
Strain moved, Solinger second to adopt Resolution No. 238-84 author-
izing the awarding of the low bid of $65.50 per.ton for pebble
quicklime for the Water Reclamation Plant. This is with Cutlar-Magnar
of Duluth, Minnesota. Ayes (7), Nays (0). Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 239-84 authorizin
the Director Employee Relations to sign an agreement with Rochester
Community College. This:.allows the City of Rochester to employ student
-whoqualify on a part-time basis while attending school. The students
are paid $3.90 per hour to $4.00 by the Eol:lege and the City is billed
for 20% (.78V .80¢ per hr. ). Ayes (7), Nays (0). Motion carried.
Solinger moved, Strain second to adopt -Resolution No. 240-84 setting a
date of June 18, 1984 for a hearing on the Petition to vacate a portio
of 1st St. N. W. , 2nd Avenue N. W., and alleys in the "Superblock"
north of Methodist Hospital. Ayes (7), Nays (0). Motion carried.
E-20 Bluhm moved, Allen second to instruct the City Attorney to prepare an
Ordinance approving the Petition to Annex Lot 23 of Oak Hills Sub.
and the Adjacent Right - of - Way for T.H. 63. Ayes (7), Nays (0).
Motion carried.
I.
Agenda
Item
E-21
E-22
E-23
E- 24
E-25
E-26
E- 27
E-28
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Wishing to speak on behalf of the Petition to annex property at 1620
6th Avenue S. W. was Walter Paulson.of 1626 6th Avenue S. W. The
Council accepted the request to allow this person to address the
Council.. Mr. Paulson stated that he wished this project would be
dropped at the present time. The only reason that he wanted to be
annexed was so that he could receive sewer and water, etc. Since
that time, he has corrected his problem and would like to drop this
request. Powers moved, Solinger second to drop the project. Ayes
(7), Nays (0). Motion carried.
Bluhm moved, Strain second to instruct the City Attorney to prepare
Resol 240A-84initiating the proceedings in accordance with the
Orderly Annexation Agreement on 10 acres of vacant land east of Cas-
cade Ridge Subdivision ( Mr. Harvey Ratzloff ) - representing the
Calvary Free Church - Ayes (7), Nays (0). Motion carried.
Powers moved, Allen second to adopt Resolution No. 241-84 approving
the conveyance of Metes and Bounds a lot South of Home Federal
Savings and Loan in Crossroads Shopping Center. This is located in
Sec. 11, Township 106 N Range 14 West. Ayes (7), Nays (0). Motion
carried.
Duffy moved, Allen second to adopt Resolution No. 242-84 approving
an Engineering proposal for work on Project No. 7808-2-84 J 8854
Grading, base, bituminous paving, concrete curb and gutter, sewers,
watermains, lift station and forcemain and service connections in
Parkwood Hills Second Sub. Ayes (7), Nays (0). Motion carried.
Powers moved, Allen second to adopt Resolution No. 243-84 approving
an Engineering agreement with Yaggy Associates for Project No. 6257-
83 J 8569 - This is an amendment adjusting to the current hourly
rates. Ayes (7), Nays (0). Motion carried.
Allen moved, Powers second to -.table the request to order a hearing
on Project; No. 8406-1-84 `J, 8860 - Construction of Streets, -Concrete
Curb and Gutter,-Sani_tary Sewer, St6,rm Sewer, _Watermain and Service
Connections in Manor Woods West First -Sub. The hearing was schedules
to -.be June.4, 1984. Alderman Allen wanted to be -sure a general
de'velopment plan. was submitted, with Roger- Plumb, -Public Services
Director before this was approved. This will- be, tabled:until after
fhh Ie B-8 is .co sidered at this evenings meeting. Ayes'_(7), Nays
Og. Ao ion carrier
Bluhm moved, Solinger second to adopt Resolution No. 245-84 ordering
a hearing to be held on.June 4, 1984 on'Project No. 8407 J 8861
Construction of a frontage Road located between 57th Street N. W. and
Bandel Road. Ayes (7), Nays (0). Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 246-84 approving
the following schedule of rates to be established at the Statuary Park
ing Lot - Daily $1.25 , Monthly $26.00, Event $1.00. Ayes (7), Nays
(0). Motion carried.
2JL91
2192 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Reqular Meetinq No. 35 - Mav 7. 1984
Agenda
Item
E-29 Bluhm moved, Powers. second to table the request for parking removal
on N. Broadway; 8th Street to 12th Street. Wishing to be heard was
Mr. Jeff Hoog who represented the business on 917 No. Broadway.
and several other businesses along that street. They were opposed
to this as they had businesses and they would have no place for the
customer to park. The Alderman agreed to table this and talk about
the matter at a Committee of the Whole meeting. -Ayes (7), Nays
(0). Motion carried.
E-30 Bluhm moved, Solinger second to adopt Resolution No. 247-84 adding
paragraph (16) to Section H of the Limited Parking Zones : Zone F
(2 hour parking ) as follows : (16) - Northern .Hills Dr-. N. E.
on the north side, from Broadway to a point 300 feet east, more or
east of Broadway between 8:00 A.M. and 5:00 P.M., Mondays thru
Saturday. Ayes (7), Nays (0). Motion carried.
E-31 1131uhm moved, Allensecond to adopt Resolution No. 248-84 approving
the following Resolutions of the Public Uility Board:
A purchase order agreement with United Electric Corp. for luminaires,
lamps, and streetlight standards. The amount to be $185,815.65.
Resolution No. 249-84 approving a purchase order with Westinghouse
Electric Supply Co. for luminaires at a cost of $20,730.00..
Resolution Nb. 250-84 approving an engineering services agreement witt
Black and Veatch Engineers, Inc. for study , etc for repair of Silver
Lake Plan Unit # 4 Feedwater Heater. The fee not to exceed $21,300.00.
Resolution No. 251-84 approving an engineering services agreement wits
Black and Veatch Engineers, Inc. for services ( engineering ) for
sulfur dioxide monitors at the Silver Lake Powers Plant. The amount
not to exceed $40,000.00.
Resolution No. 252-84 approving a purchase order with Fairfield
Engineering Co. for chains for Unit No. 4 Coal equipment. The amount
of the order $16,833.60.
Ayes (7), Nays (0). Motion carried.
E-32 Allen moved, Strain second to approve.the request for a transfer of
3.2 On -Sale License for the Second Street Deli -Regal Cafe. This was
formerly owned by Wally Klopp and the new oener is August Ferdinand.
The address is 1239 Second Street S. W. Ayes (7), Nays (0). Motion
carried.
E-33 Rluhm moved, Strain second to approve the transfer of the ownership
change of the LeBistro Cafe of 416 South. Broadway to LeBistro, Inc.
of Minneapolis. Ayes (7), Nays (0). Motion carried.
s,
G-1 Duffy moved, Bluhm second to remove the Request for a Variance from S to
Fire Marshall's Order on the Maxwell Guest House from the table.
1
es (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2JL23
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7 , 1984.
Agenda
Item
G-1
After discussion by the Council, and consulting with Ross Parker
of the Rochester Fire Department, the Aldermen concluded that no
other place would be secured for a fire exit except to vacate a
room or someplace on the first floor of the Maxwell Guest House for
the'fire exit as requested by the Fire Marshall. Having no further
comments. Duffy moved, Strain second to deny the request for the
variance. Ayes (7), Nays (0). Motion carried. Resolution No. 253-84
was adopted instructing the Fire Marshall that the variance was denie,
F-1
An Ordinance Annexing to the City of Rochester platted land in Oak
Hills Addition in Rochester Township- Lot 23 together with the
adjacent ROW of TH 63 lying between an ext. of the N.and S..lines of
Lot 23 to the east ROW line of TH 63 was given its first reading.
( 2.40 acres ).
F-1
An Ordinance Annexing approximately .95 acres of land in Rochester
Township, portions of Lots 5 & 6, Block 15, Golden Hill Addition
was given its second reading. Powers moved, Allen second to adopt
the Ordinance as; read. Ayes. (7), Nays (0). Motion carried.
F-1
An Ordinance annexing approximately .5 acres of unplatted land in
Haverhill Township on the north side of Viola Road was given its
second reading. Duffy moved, Solinger second to adopt the Ordinance
as read. Ayes (7), Nays (0). Motion carried.
F-1
An Ordinance annexing approximately 5.0 acres of land in Rochester
Township Lots 1,2,3,5,6,8,9, and 10 of Toogood Terrace was given its
second reading. Duffy moved, Allen second to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried.
F-1
An Ordinance Rezoning to B-lb and revoking previous PUD Designation
known as PUD-R-36 ( Real Estate Center. Subdivision : 18th Avenue N. W
and 37th Street N. W. was given its second reading. Bluhm moved,
Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-1
An Ordinance Relating to Zoning ; Changing the designation of certain
lands located near the Mayo Civic Auditorium from the Floodway to Floc
Fringe District; Amending Ordinance No. 1659 was given.its first .
reading. Allen moved, Bluhm second to suspend the rules and give thi!
ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhn
Duffy, Powers, Solinger, Strain.and President Postier voted aye. Ayes
(7), Nays (0)..,Motion carried and the Ordinance was given its second
reading. Powers moved, Strain.second to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
F-1
Allen moved, Strain second to authorize the Floodproofing of the
Mayo Civic Auditorium. Ayes (7), Nays (0). Motion carried.
F-1
Allen moved, Strain second to adopt Resolution No. 254-84 approving a
owner contract prepared by Yaggy Assoc. for Green Meadows Partnership;
Fraser Const. and Shamrock Ent. for Basic Const. in Baihly Woodland
Third Sub. Ayes (7), Nays (0). Motion carried.
n
2194 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
A-1
E-1
Allen moved, Duffy second to adjourn the meeting for 10 minutes and
then go to Item No. E-1 Eyes (7), Nays (0). Motion carried.
President Postier called the meeting to order at 3:00 P.M., the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers, Solinger and Strain. Absent : None.
Consideration was given for the issuance of a 3.2 Beer License for
Eastside Inn located at 826 4th Street S. E. The Council had to
consider the memorandum from the City Attorney outlining the illegal
activities which have allegedly taken place at this establishment.
This license is up for renewal. Wishing to be heard was Mr. Fred
Suhler, City Attorney and presented the case and how this particular
issue would be handled. He had three members of the Rochester Police
Department present and had :contacted Mr. Art Knutson of the twin
cities. to testify. However, Mr. Knutson had to work and did not
attend this hearing. Wishing to be heard for the Eastside Inn was
Terry Maus, Attorney for the owner*/.applicant Mr. Jerry Herman of
Rochester, Minnesota. Mr. Maus reminded the Council that the only
person that could testify to the actual gambling procedure was Mr.
Knutson and he wasnot present. He stated that no arrest or convict-
ion of the present owner has been made. Mr. Maus asked that the
Council consider the written testimony of Mr. Knutson be stricken
from the record as he was no present for Mr. Maus to cross examine hir
After numerous testimony of Mr. Herman from Mr. Maus, Mr. Fred Suhler
stated that the allegations were only of the gambling activity and
that is the single issue that the Council has before them today..
Mr. Maus chose not to question the police officers present.
Mr. Maus cleared up the official name of the owner/applicant. Mr.
ucr I y ncr nian i b a r dU I V Ur-UdaGd
the owner/applicant is Herman J
Mayo High School for the past 1
Mr. Herman stated that he did k
for money. He also stated that
was employed as a bartender and
night in question. Mr. Herman
to be used for ball clubs, etc.
manner and took beer down there
only for fun. Alderman Powers
now. He stated that for years tl
Suhler stated that they can be i
Allen asked if they had a machii
no, not at this time. Presiden-
gree with what Mr. Knutson sta,
it was in conflict and he would
questioned the disposition of Mi
e was not charged with any offE
e was not intoxicated. But, he
as Randy Branick of Rochester,
t the Eastside the night in quE
as played poker in this establi
OLIng name ana Lnaz Lne real name of
!rome Smudy. He has been a teacher of
I years. After further questioning.
iow of card games being played, but not
another person involved - Randy Branick
worked one month. He was present the
tated that he had this basement room
when they wanted to gather in a social
(basement ). Cards were played, but
sked if the bar was E`losed at 1:00 A.M
e bar closed at 11:00 P.M. Mr.
pen until 1:00 A.M. now. Alderman
e called " The Jokers Wild" They state
Postier asked Mr. Maus if he would
ed in the report. Mr. Maus stated tha
not agree to it. Alderman Solinger
. Knutson. Patrolman Bode stated that
nse and that he had been drinking, but
appeared disturbed. Also tesifying
Minnesota and was present and employed
stion. Mr. Brani.ck stated that he
shment, but only as a social group and
1
of for compensation. Having no more questions, the Council took this
Agenda
Item
A-1
1
I
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2195
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Motion carried.
Having no further business, Allen moved, Powers second to adjourn the
meeting until 7:30 P.M. Ayes (7), Nays (0). Motion carried.
President Postier called the meeting to order at 7:30P.M., the
following members being present: President Postier ,Aldermen Allen,
Bluhm, Duffy , Powers, Solinger and Strain. Absent: None.
A Hearing on the Appeal 84-2 - Appealing the decision of the Zoning.
Board of Appeals which approved a variance to permit the re-establish
ment of a duplex in the B-1 ( One Family Residential. Zoning District)
Wishing to be heard was Ken Moen,. Attorney with the firm of Dunlap
and Keith in Rochester and was appearing on behalf of Robert &
Deborah Bendzick of 814 15th Street N. W. He urged the Council not
to reverse the appeal approving the variance. Mr. Moen stated that
the neighbors strongly oppose the granting of this variance and the
-proposed variance is not in compliance with the authorized State
statute nor does it comply wity any of the requirements in the
City's zoning code. He stated that Dr.D.T. Sherden had this dwelling
off the market for the past 12 years and is an R-1 district.
Wishing to be heard was Bob. Bendzick of 814 15th Street N. W. He is
opposed to the request to permit a duplex in the R-1 zone.
Wishing to be heard was Deborah Bendzick of 814 15th Street N. W. and
is opposed to the decision of the Zoning Board of Appeals to allow
this variance to be granted. Wishing to be heard was Phil Wellvang
of 820 15th St. N.W. He is opposed to the establishing to another
duplex in the area. He is not opposed to the two establishments that
are presently in the neighborhood. But, no more. Wishing to be heard
was John McCarter of 807 15th Street N. W. and is opposed. Pat Walsh
of 815 15 112 St. N. W. is opposed. She stated that traffic is a
problem and this will create more if the variance is allowed. Wishinc
to be heard was Gail Peterson , Attorney representing D. T.
Sherden and she stated that this has to'be owner occupied and this
would insure any new owner from using the property as rental property
only. She also stated that under Minnesota Statute No. 462.357 this
variance is allowed. She stated that they have the approval of two
neighbors. Wishing to be heard was Donald Meyers of 832 15th St. N. W.
and is in favor of this variance. Gene Wente of Rochester, Mn. a
close neighbor is in favor of this variance. Margaret Wente of 1426
9th Avenue N. W. is in favor of this variance. Wishing to be heard wz
D.T. Sherden of 819 15th St. N. W. and stated that in'1972 when he
bought this house, he needed the 5 bedrooms for his family. Now they
are gone from home and he wanted to rent this part of the house that
was originally rented again. He stated that the house is definitely
set up as a duplex. It has two furnaces, two entrances, etc. Having
no one else present that wished to be heard, President Postier
closed the hearing. Bluhm moved, Duffy second to reverse the decisior
of the Board of Appeals approving a variance permitting the re-
establishment of a duplex in the B-1 ( One Family Residential ) Zoninc
District. Ayes (7), Nays (0). Motion carried. D.T. Sherden-. will not
be allowed to use this dwelling as a duplex. Resolution No. 255-84
was adopted. I ,
2196 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
Powers moved, Strain second to change the agenda and consider C-1
the prison issue at this time. Ayes (7), Nays (0). Motion carried.
C-1 A letter from Mayor Hazama regarding the veto of the resolution
passed on April 30, regarding the Federal Prison, the following was
received: Dear Council, It is with regret that I must invoke my
Charter right to veto the resolution passed on the 30th day of April,
1984 to commence litigation on behalf of the City of Rochester to be
filed against the Federal Bureau of Prisons and Olmsted County. I
did so on the premise that I felt it was not realistic for us to be
speculating with public funds in the amount of $250,000. on litgation
that had little change of success. Sincerely, Chuck Hazama, Mayor,
City of Rochester, Minnesota. This letter was dated May 4, 1984.
He statedthat in addressingi:the Council earler this evening as an
option,not knowing how they will vote, the Council as you know, on
the advice of the Public Utility voted unanimously to close down the
steam generating plant in two years. None of us really appreciated
making that decision because of the 88 customers that are currently
on our steam generating system. Tonight I would like to recommend
that the City offer interest free loans to our customers who are
now faced with the very difficult task of raising the necessary funds
to provide energy to heat their facilities by the year 1986. These
loans to be paid back within 10 years to assist any businesses and
organizations what face the very difficult decision. The $250,000.
that we had intended to spend on the cost of litigation in the next
few years can be used to support the effort as we continue_ to
develop and grow as a City.
President Postier thanked the Mayor and responded to his comments as
follows:
President Postier stated that the Mayor had him taken back with the
suggestion that the City work in loans on a Utility Department into
this prison issue. President Postier was bothered by the quoting of
figures that he used. Using $250,000. - President Postier recalled
the approval of the Council of using $125,000. for expenditures in
the year 1984. No more was approved to be allocated until the future
years and approved by the Council. President Postier stated that
along this line, the figures given by the Mayor and himself do differ.
Also included in that $125,000, would have been the study to see if
alternate uses could have been made for the property. But, if this
money had been spent, it would have probably been no worse expenditure
of funds than many things that have been spent over the years and
approved by this Council.
resident Postier asked other Council members if they would like to
peak at this time.
ark Charles Smith, candidate for Alderman At Large was in the audien
nd wanted to be heard, because this was not a public hearing, and
he Council did not grant him permission to speak, he was not allowed
1
address the Council.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 2197
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
C-1 Alderman Strain wished to be heard at this time. Alderman Strain
stated that he thinks it is interesting to have an agenda here tonigh
which has four items out of eight having to do with zoning. Four'.i
items that this Council is responsible for. Being so very careful
to make sure that we don't put a duplex in a resdiential one -
single family area. Being so very careful to protect the City with
our zoning and land use code. One of the major responsibilities
that this Council has. I find this somewhat of a paradox. We have
before us tonight,as we have had for many months,. a prison issue.
This is an issue that thousands of residents, I am sure, wish that
they had never heard anything about. The Olmsted County Board of
Commissioners , I feel have done a grave disservice to this community
by allowing this issue to ever be placed on their agenda for
serious consideration. The merits of this issue , I know have been
extensively debated. The net bottom line of this debate is dollars
vs people and neighborhoods. I am serious about this issue. The
prison proposal admittedly does create some jobs, it does fill severa
empty.buildings that the County doesn't know what to do with, which
they purchased for $1.00. But the cost in damages vastly exceed
the benefits reaped by the County organization. And this action
rips away at the very fiber of this community. It creates an
extreme adverse land use in a single family land use area. A land
use and a zoning code which we have been trying to protect here
tonight on four minor zoning issues. Very carefully protected.
We have spent a lot of time on this to make sure we are trying to do
the right thing. It makes a mockery of local land use and zoning,
which we expect all residents and all businesses to adhere.to. The
very people that the County Board, who are expected to administer
this and are responsible for, have totally ignored land use and
zoning within our City limits. And, I would remind them that this
ity is within Olmsted County limits. As a County elected body, and
he owner of the property within the City limits, they had the respon-
ibility : to utilize the property in a manner which would be
ompatible and acceptable to the people of this City. Last summer,
983, when this City Council learned of what the County Board was
hinking about doing, this Council went on record by unanimous resolut-
dvising the County Board that we didn't think it was such a grand
dea. Many times since then, individual Council members have gone to
he County Board members, requested that they meet with us and talk
his out before it gets .to'far. Quite recently, two of us Council
embers went to our Senator Rudy Boschwich and others in Washington,
uggested ways in which we could still work it out in ways that every-
ody could come out winners. It seems that the Olmsted County Board
ad a number of early and numerous messages regarding::the opposition:
he City Council went on record, as I just suggested, the Citfzen
eferendum, petitions, telephone calls, appearances that RSH Task
orce No.3, which I personally represented as a Council representative
e unanimously suggested to the County Board in last 1983,they they
et the Merrill Lynch market the property for 12 months and come up
with a user , what they suggested; could be a high tech user,would
it in with Mayo and IBM, would become a job producer, would be a tax
on
219 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
C-1 producer, would be all of these things, and all the County Board had
to say was "yes , we will give you a chance as citizens to do this".
They flatly rejected this. How does the County Board fit into this?
Avoidance with meeting with City Council? Unresponsiveness to our
suggestions? Their approach has been this - In December of 1982,
e answered th&-question to this when we found thisiiout, why didn't
the City purchase this property and do what we wanted to do with it?
At the State of Minnesota in 1982 of December, special legislation
as passed at the urging of the County Board that would effectively
remove the City of Rochester from the opportunity to bid on this
property or purchase it as was the law we should have had a chance.
That legislation effectively cut us out of it. The sale of this
roperty, quite recently, while I was out of the City, on a business
rip, I couldn't believe what I heard about the sale of the property.
very cold, clever, maneuvering behind the scenes on the timing and
ales of this property to the Federal Bureau of Prisons. And, if
if my figures are wrong, and if they are, I wish someone would correct
e, On Tuesday, the lst day of May, at 10:00 central daylight time,
he senate committee approved the appropriation and at 10: 05 A.M.
check for $14,000,000. was presented to the Olmsted County Chairpersc
t 10:15 A.M.,the County accepted this - And I believe that at 10:30
X. the Mayor vetoed the Council former.act-ion of Monday.This is cold,
his is clever, this is calculating and it is manuevering and it is
o cut the public out of any consideration. These bold tatics may be
sed in other cities,I personally don't appreciate that these
atics are used in Rochester. This community has been had by
rofessionals who value a dollar over people and finally, there are
any prison issues that are still unanswered and I believe that the
citizens , and this Council should act in a positive responsive manner
and allow this issue , which has not been resolved by the County
Board, to go to court and let us have our day in court. Thank you.
lderman Powers responded as follows:
I hate to follow a dog and pony act, but I must say something.
One of the things that is thrown at me & the land in question, -is
n my ward. When I move out of the ward and see people from the
therside of town, they say - Why are the people in your ward so
opposed to this. And, I couldn't help but think tonight -I think
he last time I saw this Chamber so filled was the night we were
going to put Target at Apache Mall and we turned it down. The
eople were very upset that lived around there and if we can get upset
about a Target, I guess you have to expect them to get upset about a
rison. I feel that the percentage in my ward runs about 70% opposed,
maybe 80% I don't know, but it is high and I think one of the reasons
that I would have liked to go to court would be to settle this. Let
the court settle this.It appears that we are not going to get any help
rom Commissioners, we'didn't get any help from our legislatures (State
or Senators and this would be a way to handle this. I would like to s
his go to court. I don't like to spend the money, but I feel that it
could be money well spent. It would at least take this out of the
political world and whatever the outcome we would have to accept it.
e
1
ank.,you.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
C-1 JAlderman Duffy responded:
guess the duplicity of the County Board and the veto of the Council
ction by our Mayor was a devastating blow and as far as I'm concerned
uesday, May lst is going to be recorded as a day of infamy in the
istory of the City of Rochester and Olmsted County. I have kind of
,ecapitulated some of the highlights of the things that have taken
lace over the last couple of months. The Council and the County Boarl
id meet in a joint session several weeks ago, at the time I accused
,he County Board of having made the decision to enter into negotiation.,
nd to accept the offer of the Federal Bureau of Prisons. I was assure
hat I was wrong that they were entertaining proposals, they had not
ntered into negotiations. They had not made their minds up. At some
oint in April, the record of decision was made by Mr. Carlson, the
lirector of the Federal Bureau of Prisons. To my knowledge nothing in
he way of a proposal was ever submitted at least the County Administri
ffice is unable to provide me with any document that indicates a formi
roposal was ever made. A letter of intent to purchase dated April 30
ive days after the check was written, however was submitted to the
ounty. The transaction as you know took place with great swiftness
ast Tuesday. To my knowledge, the contract governing that transactiol
oes not exist. The County Administrator's office also was unable to
upply me.with that. $14 million dollars transfer of the deed- no
ontract. I understand that something is suppose to be put together,
ut the transaction nevertheless, took place. That strikes.ime as.,
eing somewhat irresponsible in terms of the conduct:( -'of they --County
overnment. We have been told by some of the more paternalistic
embers of our community that we should let "Sleeping Dogs Lie", we
hould get on with the business of healing wounds and governing the
ity and the County. I guess I reject that, as far as I'm concerned,
e've just begun to fight. And I think the first step should be a votE
o override the Mayor's veto.
lderman Solinger responded:
r. Chairman, I would just like to-EOi-,terate what I said to the Counci
ast week, as far as what has gone on in this community. I went early
o investigate thoroughly what I thought should be done as the way we
hould do things on the Council. To any issue that would come before
s to investigate thoroughly. The Mayor and myself went as the Council
n a trip to review these establishments in Butner N. Carolina and
pringfield, Mo., and I felt it was something that any member of the
ouncil should have taken an opportunity to do at the time. To
horoughly investigate and see what the people of other communities
hink about these institutions within their communities, and not just
hat is in the institution. And I just reiterate what the results of
hat I have seen and with the input that I get from my constituency,
hat I feel that Rochester should be that it has been a caring communit
nd that Rochester should accept this and in a gracious way. And that
t can be safe and it can work with the community. As other institutio
n this United States have been. Thank you.
0
for
1
Pr
2200 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
C-1 3resident Postier was asked what the date on the check was. It was
ated April 25th, 7 days before it was given. That was from the
ost-Bulletin. Maybe the government can operate that way, didn't have
oney on hand to write a 14 million dollar check without funds. I don
think the City could do that nor could I do that in business. One
oint before asking for a motion, I have been told on this hand the
mount of money were going to spend, I have been told that by some ver;
ew on the Council that doesn't oppose the prison, they are in favor o,
't that this $125,000 is a lot of money. Memories must be short, be-
ause it was only within the last couple of months that we have 1 house
itting S.E. Rochester that is near the floodway. We didn't seem to
at an eye to spend $90,000 for that and we are talking about spending
150,000 here.
resident Postier responded with his comments:
see my duty as an elected official of the City of Rochester, it is t
epresent the majority wishes of the voting public. Some members of
;his body may disagree with my assumptions as to what the majority wan
►ut when I look back at the petitions, referendums and the polls all
ndependently given without our help, there is no other stand that I
:an take, but to oppose the prison. And why do I say that, I go back
;o Sept. 1983, when a petition was circulated amoungst the County
•esidents, as I understand, with over 7,000 signatures opposing the
)rison in the present location. On October 1983, a referendum under
;he most adverse conditions that anyone could even possibly think.of
ind probably the second largest turn -out, it was the second largest we
)ave ever had in the history of Rochester at an off year election.
'8% of those people opposed, 22% in favor of the prison. March, 1984,
,he Post -Bulletin, God bless them, took a poll, I- don" t- know i.f they_-,
expected those results, but the results came out thus 52% opposed to
the prison, 32% in favor. On April 1984, Republican Representative
ail Gutknecht had a poll including the prison question. 66% opposed.
11% in favor. On April 1984, the Home Show had a poll that was done
(n one of our voting machines, the results 61% opposed 39% in favor. I
6uld want to bring attention to the Council and to the people here,
nd I say if this vote in overriding the Mayor's veto should fail, it i
of a victory for the minority in defeating the majority of the Council
ut a defeat for the majority of the voting public in Rochester. I
ould beg of you to override this veto the first one to be issued by hi
onor, and he has that right, but what a time to issue his first veto.
assure you of my hope for a continued effort on the part of the City
o oppose this Federal takeover of property within the City limits and
o proceed as far as legally possible keeping in mind the actions taken
the Mayor and certain Council members. I also would wish success to
he Citizens who would carry on this litigation, as an individual tax-
ayer. I hope we can this veto overriden.
1
Agenda
Item
C-1
[1
RECORD OF OFFICIAL PROCEEDINGS OF- THE COMMON COUNCIL -
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Having no further comments at this time, Strain moved, Duffy second,--;
to override the Mayor's veto and proceed with the litigation. Upon
Roll Call vote, Aldermen Duffy, Powers, Strain and President Postier
voted aye. Ayes (4). Aldermen Allen, Bluhm and Solinger voted nay.
Nays (3). Motion does not carry as 5/7 vote is needed to override a
veto. As you see
President Postier addressed the public:
As you see ladies and gentlemen, we have had a change on the Council's
feeling by one member and he will now address you. We were not able t
override the veto.
lderman Bluhm responded as .follows:
honorable Mayor Hazama, Council President Postier and fellow Council-
nen. I am indeed humble as I appear before you tonight to identify
the stand that I have taken. The first item on the agenda on this the
7th day of May, 1984, will unquestionably go down in history as the
host controversial issue that this Council or any past or future Counc
could or would have ever considered. The present anti -social impact
of this issue is very much in evidence in this community. Citizens in
all walks of life have taken the initiative to attach themselves to a
specific stand on the issue and have defended that issue as never be-
fore. As a result, we find friends not talking to friends, we find
neighbors against neighbors, just people against people and in additioi
businesses being boycotted over it. One week ago today I placed mysel-
in the uncomfortable position of deciding the course of action we will
take today. I have indeed spent the entire week preceding this meetin(
to evaluate as best I could the merits of each side of this issue. I
have determined that both sides of the issue have very convincing .
arguments in favor of their position, however, I would wholeheartedly
agree that the anti -prison group has by far convinced me once again
of unquestionable dedication to a cause. In addition, to all their
concerns which we are aware of as the uncontrollable fear.of the un-
known. the question of their life and safety. This uncontrollable fear
has resulted in instilling a tremendous emotional effect on the lives
of those living adjacent to the site. Today, based on the information
presented to me over this past week and based on my interpretation of
our attorney's arguments and advice I reached the decision to vote in
favor of sustaining the.Mayor's veto. I- am not in any way proud that
I have taken this unpopular choice. On reaching this decision, I once
again read the letters of my very close friends who pleaded with me to
override the Mayor's veto: These letters once again reminded me of thi
speed, the haste and the discreet way in which this issue was handled
since its inception. A not too perfect example of a government of the
people, by the people and for the people. The fact of the matter in
ny opinion, is that the psychological impact resulting from the matter
in which this issue was handled is certainly beyond anyones imagination
2201
���� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
C-1
This factor alone could prove to be more destructive to the hearts
and minds of those who fought against the prison, than the issue it-
self. I do not know if I have made the right decision, I can only
hope and pray that the unknowns will not come back and haunt us.
Therefore, I will not stand idle. I have several concerns I will pur-
sue, the first be relative to the financial assistance to the property
owners who experience property value losses in the method in which we
will guarantee and relate to a fair market value. The following will
relate to solid waste recovery site. To request that our Public Work
Dept. begin to identify routes in which refuse vehicles will be
allowed to travel throughout the City in route to the refuse site.
To consider whatever action it takes to require refuse vehicles out-
side of our community to use the most extreme outer approach to the
refuse site. Due to and because of the use of the property as a refuE
collectors site, I would support whatever action it takes to exp•edi.te
the construction of East Circle Drive, from Highway 14 to Highway 63.
In closing, I would like to make this statement. Outside of a few
jobs to be gained, there are still a lot of doubts in my own mind
relative to the economic impact versus the impact of dissension among
our people, within this City. Did we win or did we lose. This will
be determined at a later date. The real winner in this issue was the
County Board. As a result I as a City official recognize the tremen-
dous effort it will require to restore unity within our community and
in addition the tremendous effort it will require to regain support
for future issues that affect our environment. Therefore, I challenge
Mayor Hazama to a task far greater than he has ever performed in his
5 years as Mayor. That is to perform the miracle that in the past,
only God has accomplished. Your challenge Mr. Mayor, would be to not
overlook the impact of this issue has on 7,000 plus people. In additi
my challenge will suggest that you along with those who identify them-
selves as caring and loving persons use every method at their disposal
to heal the wounds of those afflicted by identifying with them. There
concerns and extend to them your undivided attention to deal with thes
concerns. Thank you.
A ten minute recess was taken at this time.
eeting was called to order.
Duffy moved, Powers second.,,.. to forward all information gathered by
attorney's for the Prison litigation to the OCBC. The City Administra
to take care of notification. Upon roll call vote, Aldermen Allen,.
Bluhm, Duffy, Powers, Strain and President Postier voted aye. Ayes (6)
Alderman Solinger voted nay. Nays (1). Motion carried.
e
r
1
Agenda
Item
am
Im
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May T, 1984
A hearing on the Petition to Change the Zoning District from R-1 to
B-4 on Lots 6 and 7, Block 11 of the West'Zumbro - the Northerly
Parking Area of the former Jim's Ranch Market on 2nd St. S. W. Wishir
to be heard was Forest Sergeant of 2509 4th Avenue N. W. He would
like to use this as a nursery and garden center. He will landscape
this and use the building and grounds as a show place. He stated
that he intended to close the exit/entrance of 2nd St. and use the
one on 18th. Alderman Duffy wanted to know the intention of use for
the winter months. Mr. Sergeant stated that it would be used for
Christmas trees, etc. and would be open for indoor plants. Wishing
to be heard was Mark Gunnerson of 1811 1st St. S. W. He was worried
about more stop signs or yield signs on 18th. Mr. Roger Plumb, Public
Services Director will look into this problem. Wishing to be heard
was Harold Gunnerson of 1811 1st St. S.W. and is in favor of this
project. Having no one else present that wished to be heard, Presides
Postier closed the hearing. Allen moved, Strain second, to instruct
the City Attorney to prepare an Ordinance making the change. Ayes (7
Nays (0). Motion carried.
A Hearing on the Rezoning of lands from (R-1) Residential to (R-2)
General Commercial, (M-1) Light Industrial and (M-2) General Ind-
ustrial in the vicinity of 40th Street South and Truck Highway 63.
Wishing to be heard was Tom Green, Vice President of Mills Fleet Farm
Rochester. Wanted to know what the Land Use was for them. Larry
Klemmenhagen of the Planning Department told him it was and still is
Industrial. Wishing to be heard was Karl Shuller and thinks the
area of French's Produce should be zoned M-1. Having no one else
present that wished to be heard, President Postier closed the hearing
Duffy moved, Strain second, to approve the zoning and include the
French's Produce area as being zoned M-1. Ayes (7), Nays (0). Motior
carried.
A Hearing on the Application for a Planned Unit Development (Concept
Statement) to be known as Marfield Manor. Having no one present that
wished to be heard, President Postier closed the hearing. Strain
moved, Solinger second, to approve the PUD: Ayes (7), Nays (0).
Motion carried. (This is just the concept statement).
A Hearing on the Petition to vacate a portion of the 30' wide unimpro
ROW for 13th Avenue S. W., in the Plat of Collegeview. Having no one
present that wished to be heard, President Postier closed the hearing
Strain moved, Duffy second, to adopt Resolution No. 256-84 approving
the vacation with.a utility easement being retained for the full
width of the ROW as requested by the various utility departments.
Ayes (7), Nays (0). Motion carried.
n
2203
2204 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
Agenda
Item
M. V.
B-7
E-26
E-1
A Hearing on the Petition to vacate a 7 foot wide Utility Easement
along the East Side of Lot 7, Block 1 Leitzens Fourth Addition.
Having no one present that wished to be heard, President Postier
closed the hearing. Strain moved, Powers second, to adopt Resolution
No. 257-84 approving the vacation. Ayes (7), Nays (0). Motion
carried.
A Hearing on the Petition to vacate the East- West Alley platted
between Outlot No. 1 and Block 4 of Flather's Addition. Having no
one present that wished to be heard, President Postier closed the
hearing. Bluhm moved, Solinger second to adopt Resolution No. 258-84
approving the vacation. Ayes (7), Nays (0). Motion carried.
A Hearing on the Final Plat, Manor Woods West, First Subdivision.
Wishing to be heard was Don Behler of Land Surveyors for the develope
He asked that Item E-26 be acted on along with this hearing. He was
told that it would. Having no one else present that wished to be
heard, President Postier closed the hearing. Allen moved, Solinger
second to adopt Resolution No. 259-84 approving the plat subject to
the following: 1. The developer will provide an agreement
guaranteeing that he will pay the drainage improvement costs which ma;
later be intended to be assessed against this platted area. 2. The
developer pick up a portion of the assessable costs which would other
wise be assessed against the Park Department property; and 3. The
improvements would be undertaken as a assessment project over a two
year period. Ayes (7), Nays (0). Motion carried.
Allen moved, Solinger second to remove this item from'the table. Aye!
(7), Nay (0). Motion carried. Allen moved, Solinger second to order
a hearing on Project No. 8406-1-84 J 8860 for Construction of Streets
Concrete Curb and Gutter, Sanitary Sewer, Storm Sewer, Watermain and
Service Connections in Manor Woods West First Sub. The hearing will
be held on June 4, 1984. Ayes (7), Nays (0). Motion carried and
Resolution No. 244-84 was adopted.
Allen moved, Solinger second to remove the Request for a 3.2 Beer
license for Eastside Inn from the table. Solinger moved, Bluhm
second to renew the license and have the owner appear before the
Committee of the Whole. After discussion by the Council, with the
owner present, Bluhm removed his second and Solinger removed the
motion. Powers moved, Allen second to approve the operation under
the present license and meet with the owner at the Committee of the
Whole meeting next Monday. Ayes (7), Nays (0). Motion carried.
F-1 An Ordinance Rezoning certain property to B-4 General Business in Lot
6 and 7, Block 11, West Zumbro Addition - (Jim's Ranch Market on 2nd
St. S. W.) was given its first reading.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 May 7, 1984
Agenda
CIGAAETTES
Item
BIIOTTI'S `TA�iAN Vttl``AGEE
N
304 lST AVE SW
ALT NAME- 0, C STALE
MAILING- 0 6 R STAR
12ll 7TH ST NM
PHONE-
M-PHONE-
282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0245
E _ 8
CONNOIAjLDOA1MINTOON. RRT
pAR
APHONE- E
424 SM
L2Ll3RD 7THAVE
ST NM
M-PHONE-
-282-6080
LIC CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0247
EETSYPE-
OENNYALTRNAME RANG
L226 SOUTH BROADWAY
R STAR
MAILING- 0 6 R STAR
1211 7TH ST NY
PHONE-
M-PHONE-
282-6080
LiC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0249
GALAX f,NgjEL-
11 17TH AVE SW
0 6 R STAR
MAILING- 0 6 R STAR
1211 7TH ST NM
�
PHONE-
N-PHONE-
282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
L[C
NUM- 0251
GULLIX6;IAAME- 0 R
1915 HIGHWAY 52 NORTH
6 STAR
MAILING- 0 6 R STAR
1211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LICSS TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0253
HILLCAITTNAMEGED 6 R STAR
IS03 HIGHWAY 52 NORTH
MAILING- 0 6 R STAR
1211 7TH ST NW
PHONE-
N-PHONE-
-282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0256
HiLLCAE TNAAEAR6
1760 EAST FRONTAGE AC
R STAR
MAILING- D G R STAR
1211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LiC TYPE- CIGARETTES
- VENDING
MACHINE
LiC
NUM- 0246
HOFFMAN HOUSE
1517 l6TH ST SW
ALT NAM - D 6 R STAR
MAILING- 0 6 R STAR
L211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LiC TYPE- CIGARETTES
HUEY'S CNG!R STORRB2-6394
- VENDING
MACHINE
LIC
NUM- 0238
330 SOUTH BROADWAY
PLMIOCyy E[TYPppE-
CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0235
I F CAAYIAAMEN
ROCHESTER AIRPORT
D E R STAR
MAjL NG- 0 6 R STAR
1211 7TH ST NW
PH N -
M-PHONE-
-282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0248
FOOD
JIM'SAOITINAMEL
CO
HIGHWAY l4 6 16TH AVE NW
0 R6S?JXIERAGE
MAILING- 0 6 R STAR
1211 7TH ST NM
PHONE-
M-PHONE-
282-6080
LICTYPE-TYPEE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0244
LEBISALT NAME- D 6 R STAR
4L6 SOUTH BROAOWA)
MAILING- 0 6 R STAR
l2ll 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0243
MICHAEL'S RESTAURANT
IS SOUTH BROADWAY
PHON 288-2020
LIC PE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0234
MISTER DONUT
L828 HIGHWAY 52 NORTH
ALT NAME- D C R STAR
MAILING- 0 6 R STAR
L2L1 7TH Si NW
PHONF
M-PHONE -
282-6080
LIC PE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0250
NORTMALTAR BARME-0
503 NORTH BROADWAY
6 R STAR
MAILING- D 6 R STAR
1211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0252
REGAL CAFE
1239 2ND ST SW
ALIT NAME- 0 6 R STAR
MAILING- 0 6 R STAR
1211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LiC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0236
SINCLALT NTMT1ON
1703 14TH ST NW
6 R STAR
MAILING- D 6 R STAR
L211 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LiE TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0255
SINCLAIR STATION
205 6TH ST SW
6 R STAR
MAILING- 0 6 R STAR
12ll 7TH ST NW
PHONE-
M-PHONE-
-282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0257
SKYWAYS OF ROCHESTER
ROCHESTER AIRPORT
ALT NAME- D 6 R STAR
MAILING- D 6 R STAR
1211 7TH ST NW
PALLING-
M-PHONE-
282-6080
LIC TYPE- CIGARETTES
- VENDING
MACHINE
LIC
NUM- 0237
E-8
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
SIL OIALTSNANEL00 6TNLSTAR 519 4TH AVE SW
MAILING- 0 t R STAR 1211 TTH ST NY
PHONE• M-PHONE• 282-6080
LIC TYPE• CIGARETTES - VENDING MACHINE LIC NUM- 0239
TINKLER'S RjTAURANT It 2N0 Si SW
ALi NA t• 0 6 R STAR
MA`LING- 0 6 R STAR 1211 TTH ST NW
PHONE• M-PHONE- 282-6080
LIC TYPE- CIGARETTES -'VEND[ NG MACHINE LIC NUM- 0241
2UMBRD T LL 105 1ST AVE SW
ALT NiRE- 0 f R STAR
MAILING- 0 L R STAR _ 1211 TTH ST NW
PHONE- *-PHONE- 282-6080
LIC TYPE- CIGARETTES - VENDING MACHINE LIC NUM- 0242
22 LICENSES
_ AUCTIONEERS
i d �
5 07 841.i Em¢rty Henn _ OS 07 94 12 31 84 Zumbac FaU_4
SIOEWALKS.- CEMENT
I - - 303 Fi6th Avenue S.E.
5 07 84I K.l.ndeeth b Mahoney ConatAuction 05 07 84 12 31 8_4I _1025 _ St¢wantvitte_ 559_76_ _
i 508 Finnway Count NoAth -
5 07 ' 84I Mirc eC Lawson 05 07 84 -_ 12 _ 31_84 0026 Stewantvcf2e 55976_
5 07 84 Dona.Cd F. Ryan, Ryan Concne.te_ 05 07 84 12 31 841 -027 2315 Manion Road S.E.
5 07 84I Metro Development Conpou-tti.on _105_ 07 84 12 31 84I 0023_. I _1832 HihLtuq 52 NoAth
1
Agenda
Item
F-1
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
���
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 35 - May 7, 1984
An Ordinance Rezoning property to R-2 Low Density Residential in
Willow Ridge Sub. and B-4 General Business and M-1 Light Industrial
(Willow Creek Area) was given its first reading.
Having no further businesss, Allen moved, Solinger second to adjourn
the meeting until 11:00 A.M. on May 16, 1984. Ayes (7), Nays (0).
Motion carried.
er
Information - 5-7-84
1. Committee of the Whole Meeting Minutes - April 23, 1984.
2. Letter from Kevin Malloy Re: Mayor's Veto of Lawsuit against
the Federal Bureau of Prisons.