HomeMy WebLinkAbout07-16-1984Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA
Regular. Adjourned Meeting No. 5 - July 16, 1984
President Postier called the meeting toorderat 7:30 P.M. with the
following members being present: President Postier, Aldermen Allen,
Bluhm, Duffy, Powers, Solinger, Strain. Absent: None
Aldermen Powers moved,-Bluhm seconded, to approve the minutes of the
June 11, June 18 and July 2, 1984 meetings. Ayes (7), Nays (0).
rotion carried.
A Hearing on the Appeal of the Decision of the Zoning Board of Appeal.
Which Reversed the Decision of the Zoning Administrator in the Det-
ermination That a Restaurant, as proposed, was Considered A Drive-in
Restaurant.
.Wishing to be heard was Amme Caucutt, 716 28th Street N.W. Ms.
Caucatt is a member of the Planning and Zoning Commission and explain
the reasoning for the action by the Commission o.f.denial of the con-
ditional use permit appl.ied for. She stated that she was and remains
opposed.to the facility (Kentucky Fried Chicken) and that the Com-
mission denied .the permit on the basis that such a facility in that
area would be a traffic hazard.
Wishing to be heard was Thomas Murray, Chairman of the Zoning Board o
Appeals, explaining the decision of the Board in.reversing the decisi
of the Zoning Administrator. The arguments were about what is a driv
in restaurant as it relates to the zoning. code (the code is outmoded
in many respects) but the issue boils down to whether or not food is
consumed in a vehicle.
Wishing to be heard was Mr. John Charius, 1737 Third Avenue N.E. Mr.
Charius presently livesnext door to the Hardee's Restaurant in north.
east Rochester (his land abutts Hardee's). Mr. Charius described the
problems that he experiences in being such close proximity to a
facility of this type and urged the Council not to make the same
mistake twice.
Wishing to be heard was Mr. Robert Suk, Attorney for. Minnesota Pro-
perties. Mr. Suk wished to state for the record: "There was an appeal
and on behalf of the property'owner we question the validity of the
appeal on the grounds there was no standing for the appeal.by the
appellants -as defined by your Ordinance Section 61.4085 which clearly
defines what one must meet to appeal a decision." Mr. Suk noted that
the facility is not a drive-in.under the definition of the code and
will be placed in a high transient concentration, therefore, not
affecting the neighborhood.
Wishing to be heard was Mr. Walter Bruns, 215 15th Avenue S.W. Mr.
Bruns showed slides which defined his points of traffic congestion
along 15th Avenue and Second Street S.W. Mr. Bruns also stated that
traffic studies show an average of 22,000 cars daily along Second
Street.
2250 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular.Adjourned Meeting No. 5 - July 16, 1984
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Wishing to be heard was Don Beed, representing Minnesota Properties.
r1r. Beed noted that paragraph.65.602 clearly states that "food is
intended for consumption in a motor.vehicle" and does not fit the
Kentucky Fried Chicken facility.
Wishing to -be heard was Mr. Walt Franz., 402.15th Avenue S.W., speak-
ing against the facility. Mr. Franz noted that he is fearful of the
traffic hazards such..a facility would cause, ;.especially with small
children in the neighborhood.. Mr. Franzalso noted that his family
owned Kentucky Fried Chicken restaurants in other states and that it
was known that at least 40 percent of the business had to be made
by the drive-in business in order to run a profitable operation.
Wishing to be heard was Mr. Jerry Malloy, 317 15th Avenue S.W. Mr.
Malloy presented a.petition signed by 111 neighborhood residents
opposing. the facility.
Having no one further wishing to be heard,.President Postier closed
the hearing.
Alderman Duffy moved, Strain seconded, to deny the decision of the
Zoning Board of Appeals reversing the decision of the Zoning Adminis-
trator. Discussion.
Alderman Bluhm stated that he felt that the zoning ordinance did not
define drive-in restaurant clearly and that drive-in meant people
purchasing food to eat in their vehicle -at that same location. He
felt that the facility.was a restaurant rather than a drive-in.
Alderman Solinger contended that since there was no room to,maneuver.
a car through the drive-in entrance and then park, no one could eat
at the facility in their car and, therefore, it was a restaurant.
Alderman Duffy.stated.that a drive-in was a fast food establishment
where food was prepared to be sold in a small amount of time, taken
out of the facility and eaten, whether in a vehicle at the location
or somewhere else didn't matter. It was, therefore, a drive'in
facility.
President Postier stated that this proposed facility is definitely a
drive-in because of the fact that it serves food in.a pre -prepared
manner to be taken from the premises.
Upon roll call vote, Aldermen Allen, Duffy, Strain and President
Postier voted aye; Aldermen Bluhm, Powers and Solinger voted nay.
Ayes (4), Nays (3). Motion carried. Resolution 409A-84 was adopted.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 2251
Regular -Adjourned -Meeting No. 5 - July 16, 1984
A Hearing on the Petition to Change the Zoning District at 119 Fourth
Street S.W. from Institutional.to General Business.
Having no one present wishing to be heard, President Postier closed
the hearing.
Aldermen Bluhm-moved., Duffy seconded, to instruct the City Attorney
-to prepare an ordinance approving the zone.change from Institutional
to.General Business. Ayes (7), Nays (0). Motion carried.
A Hearing To Consider the Local Improvement Known As Project 7814-84
(J-8863) "Drainageway and Trunk Storm Sewer in Glendale First Sub-
division".
Wishing to be heard was Bob Gill, 2577 Northridge Lane N.E. Mr. Gill
was confused as to the proposed financing for the project. He stated
that it was his understanding that a portion of the assessment would
be assessed immediately -and -another portion would be deferred for
five years or until developed. The City would also pay one-half of
the culvert crossing costs and give the developer credit for the
previous assessment.
President Postier noted.that the financing was in error as noted on
the Request for Council Action and that the City did not Th tend -to
allow for a.five-year .deferment on the assessment.
Aldermen Duffy moved, Bluhm seconded, to table.the hearing for further
study on the financing.. Ayes (7), Nays (0). Motion carried.
A Hearing on the Final Plat of Northwood Third Replat.
Wishing to.be heard was.Bill Tointon, from McGhie and Betts Consult-
ing Engineers,representing the petitioner. Mr. Tointon made himself
available if there were any questions.
Wishing to be heard was Malcolm McPhee, 803 Sierra Lane N.E. Mr.
-McPhee felt that moving the walkway, perhaps another 30 feet to the
north, would.be an improvement for the walkway. He stated that at
the present time persons using the walkway must negotiate a series
of steep steps that are snow-covered and icy in the winter and pose
a problem for small children and persons with strollers, etc.
Having no one further wishing to be.heard, President Postier closed
the hearing.
Aldermen Powers moved; Bluhm seconded,.to adopt Resolution No. 410-84
approving the final plat of Northwood Third Replat. Ayes (7), Nays
(0). Motion carried.
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CITY OF ROCHESTER, MINNESOTA
ular,Adjourned Meeting No. 5 - July 16, 1984
A Hearing on the Final Plat of Honeywood - A Replat of a Portion of
Lot 23, Al.l!endale Subdivision.
Roger Plumb, Public Services Director, noted a potential problem with
the width of the street required not available on the plat.
Aldermen Allen moved, Duffy seconded, to table the hearin for furthe
study by the Public Services. Department. Ayes (7), Nays g(0). Motion
carried.
Aldermen Strain moved, Duffy seconded, to adopt Resolution 411-84
establishing Just Compensation for the property at'817 Sixth Street
S.E. at the appraised value of $52,000 and authorize submittal of an
offer to purchase the property, also approving the authorization of
appraisals of the property at 621 Tenth Avenue S.E. and approving the
establishment of.a policy whereby only those incidental expenses re-
quired by law to be made for voluntary acquisitions will be paid by
the City. Ayes (7), Nays (0). Motion carried.
Aldermen Duffy moved, Bluhm seconded, to approve participation with
the State Minnesota Housing Finance Association in the Rental Rehab
Program and authorizing the Housing and Redevelopment Authority to
administer the program. Ayes (7), Nays (0). Motion carried.
Aldermen Bluhm moved, Powers seconded, to adopt Resolution No. 412-84
approving a revocable permit for Dr. Malcolm McPhee to construct a
garage across a.walkway and utility easement in Lot 5, Northwood Thir
Addition. Ayes (7),.Nays (0). Motion carried.
Aldermen Bluhm moved, Solinger seconded,to-leave the parking as it
now exists on North Broadway from 8th Street to 12th Street. Upon
roll- call vote Aldermen.Bluhm.and_-Soli.nge.r..voted aye; -Aldermen Allen,
Duffy, Powers, Strain and President Postier voted nay. Ayes (2),
Nays (5). Motion failed.
Aldermen Powers moved, Duffy seconded, to remove the parking on North
Broadway from 8th Street.to 12th Street. Ayes (5), Nays (2). Motion
carried. Aldermen Bluhm and Solinger voted nay. Resolution 412A=.84
.was adopted.
Aldermen Solinger moved, Duffy seconded, to authorize the staff to
solicit proposals and cost estimates from architectural and/or land-
scape architectural firms to assist with the design of streetscape
improvements on Broadway. Ayes (7), Nays (0). Motion carried.
Aldermen Powers moved, Solinger seconded, to approve the following -
licenses and bonds: Cigarette - Pooch' .s Pub; Heating, Ventilating
and Air -Conditioning Contractor's - Jerry's Heating and Refrigeration
and Holm Brothers Plumbing and Heating Company; Heating,.Ventilating
and Air -Conditioning Master Installer's - John Holm; Annual Gambling
- Ducks, Unlimited; Cement Sidewalks, Curb & Gutters and Driveways -
DoMor Construction. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned.Meeting No._5 - July 16, 1984
Janine'Hamilton, Downtown Business Association, was present to answer
questions from the Council. The Council expressed -concern over last
year's downtown sidewalk sale noting that pedestrians were walking
in traffic lanes, sale tables were setting in parking stalls and
traffic lanes, etc.
Aldermen Solinger moved, Duffy seconded, to approve the Downtown
Sidewalk Sale days of August.2 through August.4°and close First Stree
S.W.•during the sale times for merchants to display their wares.
Ayes (7), Nays (0). Motion carried.
Aldermen Allen moved., Bluhm seconded, to approve payment of the semi-
monthly accounts payable of $818,947.00. Ayes (7), Nays (0). Motion
carried.
Aldermen Duffy moved, Solinger seconded, to adopt Resolution No.
413-84 approving the adjustment of fees for the City Zoning and Sub-
division Ordinance, Section 61700. Ayes (7), Nays (0). Motion
carried.
Aldermen Powers moved, Bluhm seconded, to adopt Resolution No. 414-84
approving the General Development Plan for Bandel-Hill with the con-
dition that a second easterly access be provided. Ayes (7), Nays
(0). Motion carried.
Aldermen Bluhm moved, Allen seconded, to approve the Preliminary Plat
of Bandel Hills First with the conditions of: (1) utility easements
approved by Rochester Public Utilities and included on the final plat
(2) the name Hilltop Lane'N.W. be changed; (3) the street pavement
width on the major.local street, 59th Street N.W., should be 36 feet
as requested by the Public Services Department; and.(4) temporary
turnarounds be provided_on•59th Street, 25th Avenue, and 24th Avenue
and shown on the plan and profile sheets submitted to the Public Sery
Department. Ayes (7), Nays (0). .Motion carried.
Aldermen Allen moved, Strain seconded, to approve the Preliminary Pla
of Willow Heights Third Subdivision for a five-year period as recom-
mended by the Planning Commission. Ayes (7), Nays (0). Motion carri
Aldermen.Duffy moved, Solinger seconded, to adopt Resolution 415-84
authorizing the recording of documents approving the. Metes and Bounds
Conveyance for Calvary Free Church at 25th Avenue N.W. and 55th Stree
N.W. with staff recommendations: (1). dedicate to the City by'separate
instrument the necessary right-of-way along 55th Street N.W.; (2) in-
crease the frontage on the residual parcel to 60-feet wide along 55th
Street N.W. and; (3) the subdivider grant private easement rights
across the 5.65 acre parcel abutting 25th Avenue N.W. to provide
permanent access to the residual 4.17 acre lots. Ayes (7), Nays (0).
Motion carried.
1.W.
ices
2254 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No...5 - July 16, 1984
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The Council allowed -John Carlson, 672 Sixth Avenue S.W., to speak to
the project. Mr. Carlson.noted that the lot sizes are approximately
22,000 square feet at present for'homes in the area and -asked that
the. Council limit this development to 20 units rather than 24 units.
Aldermen Allen moved, Bluhm seconded, to approve the Preliminary Uni
Development on Lots 2, 3, 5, 6, 9, and 10, Toogood Terrace to be knc
as Tealstone,.with the modifications as recommended by the Planning
Commission and to contain 24 units. Ayes (7), Nays (0). Motion
carried.
Aldermen Duffy moved, Solinger seconded, to adopt Resolution 416-84
accepting the proposal from Yaggy Associates to provide engineering
services for Project'No. 8411-1-84 (J-8871) "Sanitary Sewer, Water -
main and Street.Improvements along the entire southwesterly line
Lot 1,_Block 1, The Arboretum First Subdivision. Ayes (7), Nays (0).
Motion carried.
Aldermen Bluhm moved, Duffy seconded, to adopt Resolution No. 417-84
ordering a feasibility study and Resolution No. 418-84 accepting the
feasibility study.:and orderinga hearing for August 6, 1984 for
Project No. 8403 (J-8856) "Sanitary Sewer and Watermain Extension
to serve property in the vicinity of East River Road and 37th Street
N.E.". Aye's (7), Nays (0). Motion carried.
Aldermen Powers moved, Strain seconded, to adopt Resolution No. 419-8
ordering a feasibility report and Resolution No. 420-84 accepting the
feasibility report and ordering a hearing for August 6, 1984 on Pro-
ject 6303-3-84 (J-8876) "Sanitary Sewer and Watermain in Sixth Avenue
S.W. from 16th Street to the South line of Lot 10 Toogood Terrace Sub
division plus'Sanitary Sewer and Watermain through Toogood Terrace
Subdivision from Sixth Avenue S.W. at 17th Street S.W. to the South
and East of.Lot 3 Toogood Terrace Subdivision. Ayes (7), Nays (0).
Motion carried.
Aldermen Duffy moved, Allen seconded, to adopt Resolution No. 421-84
changing the parking restrictions along the West Side of 14th Avenue
S.W. from Second Street to Seventh Street. Ayes (7), Nays (0).
Motion carried.
Aldermen Strain.moved, Allen seconded, to adopt Resolution No. 422-84
authorizing the installing of a no -parking zone on Fifth Street S.W.
between 15th Avenue and 16th Avenue. Ayes (7), Nays (0). Motion
carried.
Aldermen Powers moved, Allen seconded, to adopt Resolution 423-84
declaring the costs to be assessed and ordering the°preparation of
the assessment roll and Resolution No. 424-84 oHering a hearing on
the proposed'assessment for Project 6311-83 (J-8767) "Street Improve-
ments in llth Avenue S.W. - N.W. from Second Street S.W. to Second
Street N.W.". Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 5 - July 16, 1984
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Aldermen Allen moved, Powers seconded, .to adopt Resolution No. 425-84
declaring the costs to,be assessed and ordering the preparation of
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the assessment roll and ,Resolution No. 426-84 ordering a hearing on
the proposed assessment for Project 8206-0-82 .(J-8781) "Extension of
Sanitary Sewer and Watermain to Serve Zumbro.Village (now the Harborage)
and other lands". Ayes (7), Nays (0). Motion carried.
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Aldermen Solinger moved, Allen seconded,.to adopt Resolution 427-84
awarding the contract for Project No. 6107-84 (J-8853) "Sanitary Sewer
Watermain and Service Connections:...." to the low bidder Leon Joyce
Construction. Company. for $456,340.00. Ayes-(7), Nays (0). Motion
carried:
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Aldermen Bluhm moved, Powers seconded, to.adopt Resolution No. 428-84
awarding the contract for New Sidewalk Project #1-1984 (J-8865) to
the low bidder Kindseth and Mahoney for $24,580.02. Ayes (7), Nays
(0).. Motion carried.
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Aldermen Strain moved, Allen seconded, to adopt Resolution No. 429-84
awarding the contract for Sidewalk Replacement Project #1-1984 (J-886
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to the low bidder Kindseth and Mahoney for $21,749.99. Ayes (7),
Nays (0). Motion carried.
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Aldermen Powers moved, Allen seconded, to adopt Resolution No. 430-84
awarding the contract for Sidewalk Replacement Project #2-1984 (J-886
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to the low bidder Doyle Connor Company for $37,586.80. Ayes (7),
Nays (0)., Motion carried.
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Aldermen Powers moved, Allen seconded, to table the awarding the bid
for Project No. 7814-84 (J-8863) "Drainageway and Trunk Storm Sewer
Improvements in Glendale First Subdivision" until the financing ar-
rangements with -the developer have been settled. Ayes (7), Nays (0).
Motion carried.
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Aldermen Allen moved, Strain seconded, to adopt Resolution No. 431-84
authorizing the City Clerk -,.to advertise for bids for Project 6207-4-8
(J-8870) "Sanitary Sewer extension in Seventh Street N.W. to serve
the Larson Property in the NW 1/4 NE 1/4 Section 33, T107N, R14W".
Ayes (7), Nays (0). Motion carried.
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Aldermen Bluhm moved, Solinger seconded, to adopt Resolution 432-84
authorizing the City.Clerk.to advertisefor bids on Project No. 6107-
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(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 poin
approximately 400 feet south of 18th Street S.W.". Ayes (7), Nays (0).
Motion carried.
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Aldermen Bluhm moved, Duffy seconded, to adopt Resolution 433-84
authorizing the City Clerk to advertise for bids for Project No. 8406
1-84 (J-8860) "Construction of Streets, Concrete Curb and Gutters,
Sanitary Sewer, Watermain and Service Connections in Manor Woods West
First Subdivision." Ayes (7), Nays (0). Motion carried.
2256 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 5 - July 16, 1984
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Aldermen Duffy moved, Solinger seconded, to adopt Resolution No. 434- 4
authorizing Supplemental Agreement No. 1 for Project 6207-4-79 (J-220 )
"Reconstruction of Seventh Street N.W. from llth Avenue N.W.". Ayes
(7), Nays (0). Motion carried.
An Ordinance Rezoning .Certain_Property And.Amending Ordinance No. 165
of the City of Rochester: Rezoning Lot 9, 10, 11 and 12, Block 11,
Original Plat to B-2 General Business (Northwestern Bell property -
Handicapped Housing Project) was give a first reading.
Aldermen Allen moved, Powers 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 aye.
Ayes (7), Nays (0). Motion carried.
The Ordinance was given a second reading..
Aldermen Allen moved, Solinger seconded, to adopt the Ordinance as
read. Ayes (7), Nays (0). Motion carried_.
An Ordinance Rezoning Certain Property and Amending Ordinance No. 165
of the City of Rochester: Rezoning lot 12 and those portions of Lots
1, 2, 9, 10 and 11, together with the vacated north -south alley, lyin
south of the main track of the Chicago and Northwestern Transportatio
Company, in Block 59, Original Plat of the Town to I - Institutional'
was given -a second reading. Aldermen Bluhm moved, Solinger seconded,
to adopt the Ordinance as read. Ayes (6), Nays (0),• Abstain (1).
Motion carried. Alderman Duffy abstained.
An Ordinance Rezoning Certain Property and Amending Ordinance No. 165
of the City of Rochester: Rezoning Lot 4, Block 7, Ireland's First
Addition to B-lb Neighborhood Business was given a second reading.
Aldermen Bluhm moved, Allen seconded, to adopt the Ordinance as read.
Ayes (7), Nays (0). Motion carried.
An Ordinance Relating to Taxation: Providing for an excise tax on
sales.of certain vehicles defined as recreational equipment; amending
the Rochester Code of Ordinances Section 129.43, was liven a second
reading. Aldermen Allen moved, Bluhm seconded, to adopt the Ordinanc(
as read. Ayes (7), Nays (0). Motion carried.
Aldermen Duffy moved, Powers seconded, to remove from the table the
acquisition of Holiday Gas Station at 805 South Broadway. Ayes (7),
Nays (0). Motion carried.
Alderman Solinger moved, Duffy seconded, to purchase the property at
805 South Broadway and reduce the amount by the cost of the removal
of the tanks. Discussion. Alderman Solinger withdrew his motion and
Alderman Duffy withdrew his second.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 225 1
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No.. 5 - July 16, 1984
Aldermen Solinger moved, Duffy seconded, to establish Just Compensation
for the property at 805 South Broadway at $60,000 and to offer to:pu -
chase the property for that amount.. Purchase of the property is con-
tingent upon the property owner removing the gasoline tanks at his own
cost. Ayes (7), Nays (0). Motion carried.
Having no further`business, Aldermen Powers moved, Bluhm seconded,
adjourn the meeting. Ayes (7), Nays (0). Motion carried.
a�e
Depu y ity Clerk
Informational Items - July 16, 1984
1. Committee -of -the -Whole Meeting Minutes from July 2 and
July 9, 1984.
2. Notice of Claim - Jean S. McConnelfl..
3. Notice of.Claim - Great American Insurance Company.
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