HomeMy WebLinkAbout05-21-19841
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 2207
Adjourned Meeting No. 37 - May 21, 1984
Agenda
Item
A-1 President Postier called the meeting to order at 7:30 P.M., with the
following members being present: President Postier; Aldermen Allen,
Bluhm, Duffy, Powers, Solinger and Strain.
_Aldermen Allen moved, Bluhm seconded, to approve the minutes of the
April 16 and April 18, 1984 Council meetings. Ayes (7), Nays (0).
Motion carried.
B-1 A Hearing on the Appeal of the Decision of.the Rochester Zoning
Board of Appeals which denied a request for a variance to the lot
size requirements of the Zoning Code to permit a duplex on a lot with
an area of 4646 square feet instead of the required 6000 square feet
minimum area.
Wishing to be heard was Claude Mosley, Rural Route #2, Box #309,
Rochester and the applicant for the variance request. Mr. Mosley
explained that he wishes to convert a present sleeping room in the
single-family dwelling into a kitchen and, thus, turn the dwelling
into a dupl°ex. He feels that he has such a right because of the
surrounding rental property abutting his property. Mr. Mosley also
felt that the quality of tenant would be improved by having a duplex
rather than sleeping room arrangements.
Wishing to be'heard was Paisley Pettine, 112 12th Avenue N.W. Ms.
Pettine'spoke against the granting of variance stating that such a
move would devalue the surrounding homes in the neighborhood. She
also stated that her home would look out onto the parking lot of the
duplex, that the additional parking and cars would pose a hazard, as
well as the -additional people to occupy the duplex. Ms. Pettine
presented letters from two neighbors unable to make the hearing, also
in opposition to the variance. Those neighbors are:. James Suttles,
1142 Second Street N.W. and Roy Schalk, 1150 Second Street N.W.
Wishing to be heard was Michael Greve, 1144 First Street N.W., oppos-
ing the granting of the variance. Mr. Greve emphasized the problems
with traffic already in the area and how the addition of the duplex
would increase such problems.
Wishing to be heard was Andre Lapeyre, 1134 First Street N.W., speak-
ing against grant-ing of the variance.
Wi-sh'ing to be heard was Ann Lapeyre, 1134 First Street N.W., speaking
against the variance.
Wishing to be heard was Bob Boyd, 1212 First Street N.W., opposing
the granting of the variance.
Wishing to be heard was Curtis Axen, 116 12th Avenue N.W., against
the variance.
Wishing to be heard was George Macke, 1211 First Street N.W., speakin
against granting of the variance. Mr. Macke also presented a letter
2208 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 37 - May 21, 1984
Agenda
Item
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signed by eleven additional property owners in the neighborhood in
opposition to the duplex variance.
Wishing to be heard was Steven Spotts, 109 12th Avenue N.W., speakinc
against the variance being granted.
Wishing to be heard again was Claude Mosley, owner of the property
in question. Mr. Mosley wished to clarify some of.the allegations
brought forth. He stated that the duplex would not be making him
rich, as everyone thought, and also that such an action would not be
setting a precedent for the neighborhood; there are already rental
properties surrounding him.
Having no one.further wishing to be heard, President Postier closed
the meeting.
Aldermen Duffy moved, Strain seconded, to adopt Resolution No. 260-84
affirming the decision of the Zoning Board of.Appeals and deny the
application for a variance. Discussion followed. Alderman Powers
stated that he has looked at the property and doesn't feel that it
is ideal for a single-family dwelling with rental property on each
side. He also stated.that he feels that there is adequate parking
in the back and that the traffic problems would probably be less with
a duplex than with the present sleeping rooms. Ayes (5), Nays (2).
Motion carried... Aldermen. Allen and Powers voted nay.
A Hearing on the Land Use Plan Amendment from Low Density Residential
to Commercial and Rezoning from R-1 to B-4 on Whiting's Nursery and
6 acres North of the Nursery on Highway 63 North.
Having no one present wishing to be heard, President Postier closed
the hearing. Aldermen Duffy moved, Bluhm seconded, to adopt Resolu-
tion No. 261-84 approving -the Land Use'Plan Amendment from Low
Density to Commercial and instructed the City Attorney to prepare an
ordinance changing the zoning .from R-1 to B-4. Ayes (7), Nays (0).
Motion carried.
B-3 A Hearing on the Application for Approval of a Planned Unit Develop-
ment (Concept Statement) for Don. Dickman on Property Located at the
'Corner of 19th Avenue and Third Street S.W.
Wishing to be heard was Don Dickman., 1005 llth Street S.W., owner of
the property. Mr. Dickman explained that his proposal is for two
14-unit buildings and that he would be glad to answer any questions
about the project.
Wishing to be heard was.Mrs. Walter Royce, 228.19th Avenue S.W., ask-
ing about the size of the units, parking space, etc.
Wishing to be heard was Michael Graif, 217 19th'Avenue S.W., opposing
the plan. Althought Mr. Graif said that he could live with the
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RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 37 - May 21, 1984
development he asked that something be done to insure that he would
not have a brick wall on that side of his property as well.
Wishing to be heard was Veronica Graif, 217 19th Avenue S.W., oppos-
ing the plan and describing the upkeep at the present time on the
property; i.e., litter, weeds, etc.
Having no one present who further wished to be heard, President
Postier closed the hearing. Aldermen -Allen moved, Bluhm seconded,
to approve the _Concept Statement for a Planned Unit Development on
a property located on the corner of 19th Avenue and Third Street S.W.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Application for a Planned Unit Development (Amended
Final Plan) for Center Street -Village.
Having no one present wishing to be heard, President Postier closed
the hearing. Aldermen Powers moved, Duffy seconded,. to approve the
application for the Planned Unit Development (Amended Final Plan) to
be known 'as -Center Street Village and adopt Resolution No. 262-84.
Ayes (7), Nays (0). Motion carried..
A Hearing on the Application for Approval of a Planned Unit Develop-
ment (Final Plan) to be known as Marfield Manor.
Having no one wishing to be heard,. President Postier closed the
hearing. Aldermen Duffy moved; Solinger seconded, to adopt Resolutic
No. 263-84 approving the Planned Unit Development (Final Plan) to bE
known as Marfield Manor and instructed the City Attorney to prepare
an ordinance for the necessary zoning changes. -The motion also inclL
that the developer construct a public sidewalk along the frontage of
the property. Ayes (7), Nays (0). Motion carried.
A Hearing to consider the local improvement known as Project 8402
(J-8855) "Sanitary Sewer and Watermain Extension plus Service Con-
nections on Sixth Avenue S.W. from 16th Street S.W. to 17th Street
S.W. in Toogood Subdivision".
Having no one present wishing to be heard, President Postier closed
the hearing. Aldermen Duffy moved, Solinger seconded, to adopt
Resolution No. 264-84 ordering the project to be made. Ayes (7),
Nays (0). Motion carried.
A Hearing to Consider Levying the Proposed Assessments for Project
8210 (J-8790) "Basic Construction in Fred Schuster Industrial Park
First Subdivision".
Having no one -present wishing to be heard, President Postier closed
the,hearing. Aldermen B1uhm.moved, Solinger seconded, to adopt
Resolution No. 265-84 adopting the proposed assessments. Ayes (6),
Nays (0), Abstain (1). Motion carried. Aldermen Allen abstained.
2210 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 37 - May 21, 1984
Agenda
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A Hearing to Consider Levying the Proposed Assessments For Project
8209 (J-8788) "Grading and Paving the East/West Alley in Block 5,
A.W. Kutzky Addition from 12th to 13th Avenue S.W.".
Wishing to be heard was Ed Fiksdahl, 1227 Seventh Street S.W. Mr.
Fiksdahl commended the City for the excellent job on the reconstruct-
ion of the alley. He, however, also wanted to know if the property
owners were responsible for the entire assessment or if the City payE
a portion of the cost. Mr. Fiksdahl was told that the City pays for
20 percent of the total cost of the project.
Having no one further wishing to speak, President Postier closed the
hearing. Aldermen Duffy moved, Powers seconded, to.adopt Resolution
No. 266-84 adopting the proposed assessments for Project 8209
(J-8788). Ayes (7), Mays (0). Motion carried.
A Hearing to Consider Levying the Proposed Assessments for Project
8215-83 (J-8800) and Project 6237-83 (J-8824) "Watermain Installatior
in Third Avenue N.W. at Parkway Plaza Second and in 37th Street N.W.
From Third Avenue East:'.
Having no one wishing to be heard, President Postier closed the hear-
ing. Aldermen Allen moved, Powers seconded, to adopt Resolution No.
267-84 adopting the proposed assessments. Ayes (7), Nays (0).
Motion carried.
A Hearing on the Final Plat of Parkwood Hills Second Subdivision.
Having no one present wishing to be heard, President Postier closed
the hearing. Aldermen Duffy moved, Allen seconded, to adopt Resolu-
tion No. 268-84.approving the Final Plat for Parkwood Hills Second
Subdivision. Ayes (7), Nays (0).. Motion carried.
A Heari ng on the Fi nal Pl at of Bel l e Meade Pl Anta,tt6n Subdi visi on.
Wishing to be heard was Mr. Finstrom, 836 llth Street S.W., Mr.
Finstrom stated that he understood -that there was some problem in
getting the final plat signed due to the absence of the City Clerk;
he was informed that the problem had been solved and the plat would
be signed.
Having no one further -;wishing to be heard, President Postier closed
the hearing. Aldermen Solinger moved, Bluhm seconded, to adopt
Resolution No. 269-84 adopting the Final Plat of Belle Meade
01antati-on Subdivision. Ayes (7), Nays. (0). Motion carried.
Aldermen Bluhm moved, Solinger seconded, to deny the.petition on the
"Sanitary Sewer Extension in Seventh Street N.W. to serve the Larson
Property in the NW 1/4 NE 1/4 Section 33-107-N,.R 14 W".. Ayes (7),'
[days (0 . Motion.carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL '
CITY OF ROCHESTER, MINNESOTA 2211
Adjourned Meeting No. 37 - May 21, 1984
Aldermen Duffy moved, Bluhm seconded, to approve the proposed terms
of the Phase II Agreement for the Handicapped Housing Project.
Ayes (7), Nays (0). Motion carried. °
Aldermen Strain moved, Allen seconded, to approve the canvass of the
recount of the Fourth Ward Alderman position as.follows: Hunziker
719,-Powers 721. Ayes (6), Nays (0), Abstain (1). Motion carried.
Alderman Powers abstained.
Aldermen Duffy moved, Allen seconded, to instruct the City Attorney
to prepare: -an ordinance adding three listed activities to -those
activities requiring a fire permit. Those activities are: 24. High.
piled Combustible Stock, Sec. 81.103; 25 Junkyards, Sec. 34.102; 43.
Tent and Air -Supported Structures, Sec. 32.101. Ayes (7), Nays (0).
Motion carried.
Aldermen Allen moved, Duffy seconded, to adopt. Resolution No. 270-84
and Resolution No. 271-84 approving the lease agreements between L.
V. Crum and Charles Paulson and the Rochester Airport Commission for
lease -of specific lands. Ayes (7), Nays (0). Motion carried.
Aldermen Strain moved, Solinger seconded, to approve the issuance of
the following licenses: Temporary On -Sale 3.2 Non -Intoxicating Malt
Liquor - Moose Lodge #2128; Annual Dance License -CJ's Midtown Loung(
Cement Sidewalk License— Tilford Brothers; Temporary On -Sale 3.2 Not
Intoxicating Malt Liquor License - North American Clydesdales Champ-
ionships Show.; renewal of Consumption and Display License for
Recreation Lanes. Ayes (7), Nays (0). Motion carried.
Aldermen Duffy -moved, Allen seconded, to approve the change in loca-
tion of Viking Liquor from its present location at 1152 Seventh Ave-
nue°S.E. to the Target Shopping Center area. Ayes (7), Nays (0.).
Motion carried.
Aldermen Duffy moved, Powers seconded, to approve the American Legi
Post #92 parade on June 3, 1984. Ayes (7), Nays (0). Motion carri
Aldermen Bluhm moved., Duffy seconded, to approve the Rochester Track
Club Foot Race on June 24, 1984. Ayes (7), Nays (0). Motion carries
Aldermen Solinger moved, Duffy seconded, to approve the Rochester
Peace Walk Committee using the sidewalks to promote their event.
Ayes (7), Nays (0): Motion carried.
Aldermen Powers moved, Duffy seconded, to approve the semi-monthly
payment of the Accounts Payable in the amount of $493,729.45.
Ayes 7), ,Nays (0). Motion carried.
Aldermen Bluhm moved, Solinger seconded, to adopt Resolution No.
272-84 authorizing the City Clerk to advertise for bids for a high-
speed copier. Ayes (7), Nays .(0). Motion carried.
2212 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meetinq No. 37 - May 21, 1984
Agenda
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Aldermen Strain moved, Duffy seconded, to instruct the City Attorney
to prepare an ordinance to annex property at 410 16th Street S.W.
Ayes (7), Nays (0). Motion carried.
Aldermen Strain moved, Duffy seconded, to deny the petition to vaca
a one -foot wide portion'of Third Avenue S.W. and the North -South
Alley lying adjacent to the Merchant Exchange Building. Ayes (7),
Nays (0). Motion carried.
Aldermen Allen moved, Strain seconded, to deny the petition to vaca
2.8 feet of the right-of-way for Fourth Avenue S.W. along the West
Side of the House at 316 16th Street S.W. Ayes (7), Nays (0).
Motion carried.
Aldermen Duffy moved, Powers seconded, to vacate a 15 -foot wide
easement along the East Side of Lot 12, Block.3, Meadow Hills First
Subdivision. Ayes (7), Nays (0). Motion carried.
Aldermen Duffy moved, Allen seconded, to reconsider the action of the
original motion. Ayes (7), Nays (0). Motion carried.
Aldermen Duffy moved, Allen seconded, to adopt Resolution No. 273-84
setting a.hearing to consider the vacation of a 15-foot wide easement
along the East�Side of Lot 12, Block 3, Meadow Hills First Subdivision.
Ayes (7), Nays (0). Motion carried.
Aldermen Powers moved, Duffy seconded, to.adopt Resolution No. 274-8'
accepting the feasibility report and ordering a hearing on June 18,
1984'for Project No. 6107-84A (J-8866) "Sanitary Sewer extension,
plus service connections in First Avenue S.W. from a point 110 feet
south of 18th Street S.W. to a point approximately 400 feet south of
18th Street S.W.". Ayes (7), Nays (0). Motion carried.
Aldermen Duffy moved, Powers seconded, to adopt Resolution No. 275-84
approving the project and Resolution No. 276-84 ordering hearings to
be held at 7:30 P.M. on June 18, 1984 for Sidewalk Replacement Pro-
ject #1-1984 (J-8862), Sidewalk Replacement Project #2-1984 (J-8864),
and New Sidewalk Project #1-1984 (J-8865). Ayes (7), Nays (0).
Motion carried.
Aldermen Sol.inger moved, Allen seconded, to adopt Resolution No.
277-84 declaring the costs to be assessed and ordering,,the preparati
of the assessment roll and Resolution No. 278-84 ordering a hearing
on the proposed assessment for a previously -deferred assessment on
Plat 5128 Parcel 01000, Project 7104-1-71B (J-8397) "Sanitary Sewer
and Watermain Extension from T.H. 52 (S.W.) to Green Meadows First
Subdivision plus deferred costs from. Project 6466." Ayes (7), Nays
(0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No.. 37 - May 21, 1984
Agenda
Item
E-17 Aldermen Allen moved, Solinger seconded, to adopt Resolution No.
279-84 decl-aring the costs to be assessed and ordering the preparati
of the°assessment roll and Resolution No. 280-84 ordering a hearing
on the proposed assessment for a.previously-deferred assessment on
Plat 5128 Parcel 01000, Project 6706 I,;11 & IIA (J-8183, 8184, 8185]
"Apache Water Tower and Connecting Mains. Ayes (7), Nays (0).
Motion carried.
E-18 Aldermen Duffy°moved, Powers seconded, to adopt Resolution No. 281-
84 declaring the costs to be assessed and ordering the preparation
of the assessment roll and Resolution No..282-84 ordering a hearing
on the proposed assessment for a previously -deferred assessment on
Plat 5067 Parcel 06000, Project 7002-0-78A (J-8663) and Project 7002-
0-79 (J-8695) "The Extension of Sanitary Sewer in-15th Avenue S.E.
Melody Street, Mayfair Street and Mayhill Street in Marvale.Addition'
Ayes (7), Nays (0). Motion carried.
E-19 Aldermen Bluhm..moved, Allen seconded, to adopt Resol.ution No. 283-84
declaring the costs to be assessed and ordering the preparation of
the assessment roll and Resolution No. 284-84 ordering a hearing on
the proposed assessment for a previously -deferred assessment on
Parkview First and Second Subdivisions, Project 7002-0-78A (J-8663)
and Project 700270-79 (J-8695) "Sanitary Sewer Extension in 24th
Avenue S.E. from 15th Street S.E. 300 feet north; extension Sanitary
Sewer in Melody, Mayfair and Mayhill Streets S.E.". Ayes(7), Nays
(0). Motion carried.
E-20 Aldermen Duffy moved, Bluhm seconded, to adopt the following Public
Utility Resolutions:
Resolution No. 285-84 to implement changes to the vacation schedule
and life insurance program for Rochester Public Utility Non -Exempt
employees not represented by a bargaining unit.
Resolution No..286-84 to enter into an engineering services agree-
ment with Ulteig Engineers to providing services to re-route the
underground electric duct and manhole systems. The amount of the
engineering services agreement not to exceed $25,000.
Resolution No. 287-84 to enter into a purchase order agreement with
Bell Lumber and.Pole for furnishing Class III Western Red Cedar Poles
The amount of the purchase order to.be $41,985.00 and Bell Lumber anc
Pole being.the lowest responsible bidder.
Ayes (7), fJays (0). Motion carried.
E-21 Aldermen Duffy moved,.Bluhm seconded, to approve the sidewalk sale
by the Whiffletree on June 1, 1984. Ayes (7), Nays (0). Motion
carried.
E-22 Aldermen Strain moved,.Allen seconded, to the Public Utility Resolu-
tion No. 288-84 to enter into a contract agreement with Belco
in
2214 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 37 - May 21, 1984
Agenda
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Polluti-on Control. Corporation to furnish and install one three -field
electrostatic precipitator in accordance with bid documents for
$2,030,250.00. Ayes (7), Nays (0). Motion carried.
Aldermen Solinger moved, Powers seconded,.to adopt Resolution No.
289-84 accepting the grant award of'$492,OOO from the Department of
Housing and Urban Development under the fiscal year 1984 Community
Development Block Grant (CDBG) program and authorizing the execution
of the grant agreement. Ayes (7), Nays (0). Motion carried.
Aldermen Strain moved, Powers seconded;. to deny the request from
Andy's Liquor Store, Crossroads Shopping Center, to allow the place-
ment of a trash dumpster in the public right-of-way. Ayes (7),
Nays (0). Motion carried.
An Ordinance adding three listed activities to those activities re-
quiring a fire permit was given its first reading.
An Ordinance changing the zoning from R-1 to B-4 on Whiting's
Nursery and 6 acres North of the Nursery on Highway 63 North was gi
its first reading.
An Ordinance relating to public health;.providing for the abatement
of unsanitary conditions on open areas of residential property; pro-
viding for assessment of costs of abatement, amending the Rochester
Code of`Ordinances Chapter 35 by addin_g.sections was given its first
reading.
An Ordinance rezoning certain property.creating a PUD district known
as PUD-R-76 (Lots.32, 33 and 34, Block`l, Cascade Ridge Subdivision)
was given its first reading.
An Ordinance annexing approximately 2.65 acres of unplatted land in
the SW Quarter of. Section 11, Ro.chester Township, was given its
first reading.
An Ordinance rezoning and amendment to. boundaries of PUD-I-10 (Roch-
ester Methodist Hospital) was given a second reading. Aldermen Alle
moved,- Solinger seconded, to adopt the Ordinance. Ayes (6), Nays
(0). Abstain (1). Motion carried. Alderman Duffy abstained.
An Ordinance rezoning certain property to R-2 (Lot 1, Block 1 and
Lot 2, Block 2, Cimarron Second Subdivision) was given a second rea
ing. Aldermen Solinger moved, Bluhm seconded, to adopt the Ordinan
Ayes (7), Nays (0). Motion carried. _
An Ordinance annexing certain platted land in Cascade Township (Lot
Block 1, Domaille-Postier Subdivision, together with the right-of-wa;
of 37th Street N.W. adjacent thereof) was given a first reading.
Aldermen Powers moved, Strain seconded, to suspend the rules and
give the Ordinance a second reading. Upon roll call, Aldermen Allen
Bluhm, Duffy, Powers, Solinger, Strain and President Postier voted
?n
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2215
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 37 - May 21, 1984
aye. Ayes (7), Nays (0). Motion carried. The rules were suspended
and the'Ordinance was given a second reading. Aldermen Bluhm moved,''
Powers seconded, to adopt the Ordinance. Ayes (7), Nays (0). Motioi
carried.
Aldermen Duffy..moved, Solinger seconded, to adopt Resolution No.
290-84 adopting the 1984-1989 Capital Improvement Program. Ayes (7)
Nays (0). Motion carried.
Aldermen Bluhm moved, Solinger seconded, to remove from the table thl
3.2 Beer License item for the Eastside Inn. Ayes (7), Nays (0).
Motion carried.
After some discussion Aldermen Bluhm moved, Solinger seconded, that
the 3.2 beer license would be granted to the Eastside Inn and that
the City Attorney would write a letter to the owner of the establish•
ment giving him avery severe warning of -the consequences that might
arise if problems continue at the establishment. Ayes (7), Nays (0)
Motion carried.
Having no further business, Aldermen Strain moved, Duffy seconded,
to adjourn the meeting.
Judy Kay Scherr
Deputy City Clerk
Informational Items:
1. Committee -of -the -Whole Meeting minutes from April 2 and
April 9, 1984.
2. Letter from Gary Wendland regarding Bethel Lutheran Church
Variance