HomeMy WebLinkAbout11-05-1984RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
A-1
President Postier called the meeting to order at 2:00 P.M., the
following members being present: President Postier, Aldermen Powers,
Solinger and Strain; Alderman Allen arrived at 2:05 P.M. Absent:
Aldermen Bluhm and Duffy.
Powers moved, Strain second to approve the minutes of the October
15, 1984, Council meeting. Ayes (4), Nays (0). Motion carried.
E-1
Solinger moved, Powers second to approve resolution #605-84 providing
up to 25q, per capita ($14,597) to the Coalition of Outstate Cities
for joint study and lobbying efforts. Ayes (4), Nays (0). Motion
carried.
E-2
Strain moved, Powers second to authorize a written notice that the
City of Rochester will terminate the current lease for sludge
disposal at Essex Farm after a period of 90 days. Ayes (4), Nays (0)
Motion carried.
E-3
This item was referred to the evening meeting.
E-4
Strain moved, Allen second to approve the following licenses and
bonds: request received from Balik and Kamph Stuff, Rochester, for
an Auction Permit for an auction to be held on November 10, 1984;
request received from James K. Gustafson, -Minneapolis, Minnesota,
for a Master Plumber's License for the period ending December 31,
1984; request received from Sertoma 100 of Rochester for a Single
Gambling License to hold a raffle on December 18, 1984, and waiver of
the bonding requirement; request received from Charles W. Silvernagle
Rochester, for a House Moving Permit to move the house from 836
3rd Avenue S.E. to Lot 1, Block 1, Hidden Hills First Subdivision;
request received from Construction Collaborative, Inc., Rochester,
for a House Moving Permit for October 25, 1984, to move the house
from 822 llth Avenue N.E. to Lot 4, Block 1, Parkview Third
Subdivision (this request was previously approved by Aldermen Powers
and Solinger); request received from B & F Leasing, Inc. DBA Eastwood
Liquor, Rochester, for an Off -Sale Non -Intoxicating Liquor License
to sell low alcohol content beer, pending departmental approvals.
Ayes (5), Nays (0). Motion carried.
E-5
Powers moved, Strain second to adopt resolution #606-84 setting a
hearing date of November 19, 1984, on weed and tree removal assess-
ments. Ayes (5), Nays (0). Motion carried.
E-6
Solinger moved, Strain second to approve a request from Diversified
p
Structures to split the assessments on Lots 1, 2, and 3, Block 1,
Parkview Third Subdivision and -referring this matter to the Public
Services Department for calculation. Ayes (5), Nays (0). Motion
carried.
E-7
Solinger moved, Allen second to approve the Accounts Payble (list
attached) in the amount of $'2,248,398.2.2 Ayes (5), Nays (0).
Motion carried.
2302 RECORD OF
Agenda
Item
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E-9
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Re
OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
gular Meeting No. 16 - November 5. 1984
Solinger moved, Strain second to approve the following actions
relative to amendments to the Urban and Rural Service Districts:
Establish a public hearing for review of adding the following newly
annexed parcels to the Rural Service District: 14 acres of land
located north and west of Manor Park in Cascade Township; 13 acres
located west of Country Club Manor along 7th Street N.W. in Cascade
Township; 10 acres of vacant farmland owned by Calvary Evangelical
Church in Cascade Township; and the unplatted and unimproved portions
of the recently annexed Willow Creek Sewer District.
Adopt Resolution No. 607-84 transferring the following parcels from
the Rural Service District to the Urban Service District: Barclay
Square; Meadow Park South 4th and 5th Subdivisions; Cimarron 2;
Innsbruck 7; the Arboretum lst Subdivision; Pennington Business
Park 4th Subdivision; Baihly Woodland 3rd and 4th Subdivision;
Meadow Hills 2nd Subdivision; Bel Air 2nd Subdivision; 0.46 acres of
land south of 20th STreet and west of 5th AVenue S.W.; 0.52 acres
owned by the City and the site of the Golden Hill water tower; 0.31
acres north of 41st Street N.W.; 6 acres owned by the First Church
of Nazarene along 33rd Street N.E.; and a total of 7.63 acres of
railroad rigt-of-way owned by the State.
Ayes (5), Nays (0). Motion carried.
Strain moved, Allen second to instruct the City Attorney to prepare
an ordinance annexing approximately 8 acres of vacant land in
Hillcrest Subdivision, Rochester Township. Ayes (5), Nays (0).
Motion carried.
Powers moved, Strain second to adopt Resolution No. 608-84 initiating
annexation proceedings on the Herbert and Margaret Gardner property
at 2611 Erin Lane N.E. in accordance with the Orderly Annexation
Agreement with Cascade Township. Ayes (5), Nays (0). Motion
carried.
Application for the Preliminary Plat of Meadow Park Estates.
Alderman Powers questioned the inclusion of the 10' walkway easement
located between Lots 10 and 11 for access to the proposed park.
Curt Taylor stated that the Park Department would have no problem
with eliminating the walkway easement as sufficient access is provid
without it; the Park Department does not want ownership and
responsibility for the easement. Allen moved, Strain second to
approve the preliminary plat of Meadow Park Estates with the condi-
tions noted in the staff report and without the 10' walkway
easement. Ayes (5), Nays (0). Motion carried.
Powers moved, Allen second to approve the preliminary plat of Meadow
Park South Sixth Subdivision. Ayes (5), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ����
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 16 - November 5. 1984
Agenda
Item
E-13 Solinger moved, Allen second to approve the surveyor's certificate
of correction for Bear Creek Court Replat.• Ayes (5), Nays (0).
Motion carried.
E-14 Powers moved, Strain second to adopt Resolution No. 609-84 vacating
the loth Avenue S.E. right-of-way and the surrounding utility ease-
ments as platted on the plat of the Replat of a part of Outlot 'A'
Meadow Park 5th Subdivision. Ayes (5), Nays (0). Motion carried.
E-15 Powers moved, Allen second to adopt Resolution No. 610-84 requesting
that the Commissioner of Highways conduct a speed study on 40th
Street S.W. from South Broadway to llth Avenue S.W. Ayes (5), Nays
(0). Motion carried.
E-16 Allen moved, Strain second to adopt Resolution No. 611-84 amending
paragraph 19, of Section B "No Parking Zones" of the Comprehensive
Parking -Resolution to restrict parking on West Center Street from
7th Avenue to 12th Avenue. Ayes (5), Nays (0). Motion carried.
E-17 Parking Removal on 7th Street N.W. Alderman Solinger questioned the
number of businesses that are opposed to this change. Dave Rossman
stated that this change would accommodate another thru lane of
traffic and would be an extension,of what is currently in place
east of llth Avenue N.W. Strain moved, Powers second to adopt
Resolution No. 612-84 amending Paragraph .157 of Section B "No
Parking Zones" of the Comprehensive Parking Resolution to restrict
parking along the north side of 7th Street N.W. in the 1200 block
at all times. Ayes (3), Nays (2); Aldermen Allen and Solinger voting
nay. Motion carried.
E-18 Powers moved, Strain second to adopt Resolution No. 613-84 adding
Paragraph 165.5 to Section B "No Parking Zones" of the Comprehensive
Parking Resolution to remove parking on one side of 7th Avenue S.W.
from 7th Street to llth Street. Ayes (3), Nays (2); Aldermen Allen
and Solinger voting nay. Motion carried.
E-19 Powers moved, Strain second to adopt Resolution No. 614-84 and 615-84
declaring the costs to be assessed and ordering the preparation of
the assessment roll for Project 8309 08822) Extension of sanitary
sewer and watermain to serve Our Saviors Lutheran Church on Viola
Road N.E. and ordering a public hearing for November 19, 1984, on the
proposed assessments. Ayes (5), Nays (0). Motion carried.
E-20 Allen moved, Solinger second to adopt resolution No. 616-84
authorizing work to proceed and payment be made on Supplemental
Agreement No. 1 for Project 6202-1-84 02142) Storm sewer in 2nd
Street N.E. Ayes (5), Nays (0). Motion carried.
E-21 Solinger moved, Allen second to adopt the following resolutions
adopted by the Rochester Public Utility Board:
2304 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
E-21 Resolution No. 617-84 entering into a purchase order agreement with
Lear Siegler, Inc. for furnishing continuous emission monitors for
the Silver Lake Plant. The amount of the purchase order to be
$160,410.00 and Lear Siegler, Inc. being lowest responsible bidder.
Resolution No. 618-84.approving contract amendment No. 4 with General
Electric Company for the Lake Zumbro Turbine Generator rehabilitation
The amount of the amendment to be $10,940.00 for a total revised
contract amount of $896,277.00.
Resolution No. 619-84 entering into a purchase order agreement with
General Electric Company to reassemble the #4 turbine at the Silver
Lake Plant. The amount of the purchase.order not to exceed $40,000.
Ayes (5), Nays (0). Motion carried.
E-22 Powers moved, Solinger second to approve the transfer of the On -Sale
and Off -Sale Non -Intoxicating Malt Liquor Licenses for Pooch's Pub
(to be renamed the Longbranch Saloon) at 104 East Center Street from
Bryan Martin to Gary A. Prigge. Ayes (5), Nays (0). Motion carried.
E-23 Strain moved, Powers second to approve the issuance of an On -Sale
Intoxicating Malt Liquor License (includes Sunday liquor sales) to
R.C.K., Inc. DBA Hunan Chinese Restaurant, at 844 South Broadway.
Ayes (4), Nays (1); Alderman Allen voting nay. Motion carried.
E-24 Powers moved, Allen second to adopt Resolution No. 620-84 awarding
the contract for Project No. 5710-85, Sanitary sewer repair of the
Country Club Manor trunkline at the Cascade Creek crossing to
Winona Plumbing Company with a low bid of $18,295.10. Ayes (5),
Nays (0). Motion carried.
F-1 An Ordinance annexing to the City of Rochester, Minnesota, certain
platted land in Hillcrest Subdivision, Rochester Township, Olmsted
County, Minnesota was given its first reading.
F-2 An Ordinance rezoning certain property and amending Ordinance No.
1659 to R-2 (Low Density Residential) on Lot 1, Block 6, Rolling
Greens Addition was given its second reading. Allen moved, Solinger
second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion
carried.
G-1 Powers moved, Allen second to remove the proposed Council policy on
vacated property from the table. Ayes (5), Nays (0). Motion
carried. Powers moved, Allen second to adopt Resolution No. 621-84
setting forth the Council's policy on compensation for vacated
property. Ayes (5), Nays (0). Motion carried.
E-3 Consideration of the Mill Race Project. Mr. Harold Jones having
arrived at the meeting, the Council considered this project. Mr.
Jones spoke about what he felt was the value of his property. The
Council indicated that they could not offer more than $82,000 for
the purchase of the property and indicated to Mr. Jones that action
on this matter would be tabled to the evening meeting to allow Mr.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
05
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
E-3 Jones an opportunity to consider this offer.
Having no further business, Allen moved, Strain second to adjourn
the meeting to 7:30 P.M. Ayes (5), Nays (0). Motion carried.
A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Powers, Solinger and Strain. Absent: Aldermen Bluhm and Duffy.
B-1 A Hearing on 1985 Community Development Block Grant Program
Appropriations. Wishing to be heard in support.of the Child Care
Resource & Referral request for $50,000 was Dan Blum, 3308 48th
Street N.W., President of the Board of Directors of Child Care
Resource & Referral; Bonnie Jakes, Rocky Creek Estates; Tutti Sherloc ,
420 6th Avenue S.W., Director, Child Care Resource & Referral.
Wishing to be heard in support of the Thomas Group -Circle Center
request for $65,000 for code improvements to their building was Gail
Katy Kanowski, 816 2nd Avenue N.E., Byron; Barb Peterson, Executive
Director, Thomas Group Inc. Wishing to be heard in support of New
Life Homes & Family Services request for $100,000 for a maternity
home for single women was Dr. Walt Franz, 402 15th Avenue S.W.; Lynn
Weideweis, 1009 19th Street N.E.; Sieg Aurich; L. G. Parkhurst, 1425
22nd Street N.W.; and John Thompson, 717 Memorial Parkway. Wishing
to be heard in support of Gift of Life request for $56,000 to provide
housing for transplant patient families was Greg Warner, 408 4th
Street N.W., Byron, President, Gift of Life House; and Ed Pompeian,
1205 West Center Street. Wishing to be heard in support of the
Senior Citizens Center request for $65,000 for conversion from steam
heat was Richard Towey, Vice -President, Senior Citizens, Inc. Wishing
to be heard in support of the Rochester Center for Independent Living
Park Department request for $100,000 for achitectural barrier removal
was Bill Malleris, 2100 Valkyrie Drive. Wishing to be heard in
support of the Housing and Redevelopment Authority request for
$302,000 for their housing rehabilitation program was Joan Sass,
Chairperson of the HRA. Wishing to be heard was Mike Klampe, repre-
senting Center Partners, Inc. in support of their request for
$60,000 to assist with the construction of an elevator in the 2nd
Street Parking Ramp. Having no one else present wishing to be heard,
President Postier closed the hearing. Council action on the
appropriations will be shceduled for the November 19, 1984, Council
meeting.
B-2 A Hearing on the Charter Commission Recommendations Regarding Right -
Of -Way Vacation Procedures. Having no one present wishing to be
heard, President Postier closed the hearing. Powers moved, Strain
second to table this matter until all 7 Council members are present.
Ayes (5), Nays (0). Motion carried.
B-3 A Hearing on the Commercial Rehabilitation Loan for the Mankin
Building (former Lairs Shoes building). Wishing to be heard was Hal
Henderson, representing Dr. and Mrs. Mankin, present to answer any
questions the Council might have. Having no one else present
wishing to be heard, President Postier closed the hearing. Powers
2306 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
B-3
B-4
B-5
B-6
B-7
B-8
moved, Solinger second to approve Resolution No. 622-84 authorizing
the issuance, sale and delivery of the $50,000 Industrial Development
Revenue notes for the Mankin Building Commercial Rehabilitation
Loan. Ayes (5), Nays (0). Motion carried.
A Hearing on the CY1985 Transit Assistance Program. Having no one
present wishing to be heard, President Postier closed the hearing.
Solinger moved, Strain second to.adopt Resolution No. 623-84
authorizing the filing of applications with the State of Minnesota
and the Urban Mass Transportation Administration for CY1985 transit
operating assistance. Ayes (5), Nays (0). Motion carried.
A Hearing on the Petition to Change the Zoning District on Property
at 1709 3rd Street S.W. from R-1 (Single Family Residential) to R-2
(Low Density Residential). Wishing to be heard was Tim Ferguson,
1709 3rd Street S.W., owner of the property, who stated that a four-
plex is currently located on the property and he is requesting the
zone change to bring the property into conformance with the zoning
code. Having no one else present wishing to be heard, President
Postier closed the hearing. Powers moved, Allen second to instruct
the City Attorney to prepare an ordinance changing the zoning on
property at 1709 3rd Street S.W. subject to the provision of adequate
parking. Ayes (5), Nays (0). Motion carried.
A Hearing on the Petition to Change the Zoning District From R-1
(Single Family Residential) to B-lb (Neighborhood Business) on Lot
40, Christensen-Sehl Subdivision. Wishing to be heard was Terry
Maus, attorney, to speak in favor of the proposed zone change.
.Having no one else present wishing to be heard, President Postier
closed the hearing. Solinger moved, Powers second to instruct the
City Attorney to prepare an ordinance changing the zoning on Lot 40,
Christensen-Sehl Subdivision. Ayes (5), Nays (0). Motion carried.
A Hearing on Proposed Special Assessments for Sidewalk Replacement
Project #1-1982 (j8787). Having no one present wishing to be heard,
President Postier closed the hearing. Alderman Solinger questioned
what was being done regarding the cracked sidewalk at 843 7th Avenue
S.W. Roger plumb stated that this sidewalk will be replaced in the
spring and the property owner will be notified of this action.
Solinger moved, Strain second to adopt Resolution No. 624-84 levying
the proposed assessments for sidewalk replacement project #1-1982.
Ayes (5), Nays (0). Motion carried.
A Hearing on Special Assessments for Sidewalk Replacement Project
#1-1983 (S.W. area). Roger Plumb, Public Services Director,
requested that this hearing be continued since one parcel was
inadvertently omitted from the calculation of assessments and the
assessments will have to be recalculated. Powers moved, Solinger
second to continue this hearing to November 19, 1984. Ayes (5),
Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA '����
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
B-9 A Hearing on the Proposed Special Assessments for Project No. 8006
08729) Water Tower to Serve High Level District S.W. Area, Easterly
T.H 52, Westerly T.H. 63 and South of 16th Street S.W. and Mayowood
Road S.W. Wishing to be heard was Linda,Baier, 2210 1st Avenue S.W.
who questioned how the assessments were arrived at. Roger Plumb
stated that those who received the larger assessments were assessed
for both water tower and watermain; those who received smaller
assessments were assessed only for the water tower. Wishing to be
heard was Jim Vlazny, 2201 3rd Avenue S.W. who questioned the policy
on deferred assessments and also the level of the fire hydrant.
Roger Plumb explained the deferred assessment policy and stated that
the Public Services Department would check on the level of the fire
hydrant. Wishing to be heard was Richard Vetter, 523 17th Street S.W
who questioned the basis for assessing for the water tower. Mr.
Plumb explained that the City policy was to take the total acreage,
served divided by the cost to equal the cost per acre. Wishing to
be heard was Edna Nemoede, 310 21st Street S.W. who questioned if
there will be any further improvements in this area. Mr. Plumb
replied that the Public Services Department does not anticipate
recommending any further improvements in this area. Wishing to be
heard was Robert J. Smith, 1659 6th AVenue S.W. who questioned if the
would be assessed when they are annexed to the City or if the project
would be paid for by then. It was explained to Mr. Smith that the
assessments would be deferred aginst the property until it is annexed
to the City and connected to City service. Wishing to be heard was
Merlin Buske, 2017 3rd Avenue S.W. who stated that his neighbors who
were connected to the waterline installed in 1979 were not being
assessed at this time but he was. The Public Services Department
will check into this matter. Wishing to be heard was Earl Meredith,
201 22nd Street S.W. who questioned if these assessments were going
to be adjusted. Roger Plumb replied that because of:.�the length of
time from project completion to processing the assessments, the
Public Services Department would recompute the interest expenses
associated with this project and recalculate the proposed assessments
Strain moved, Allen second to continue this hearing to November 19,
1984. Ayes (5), Nays (0). Motion carried.
B-10 A Hearing on the Proposed Assessments for Project No. 7802-5-83A
08818) Basic Construction in 19th Avenue N.W. Having no one presen
wishing to be heard, President Postier closed the hearing. Powers
moved, Allen second to adopt Resolution No. 625-84 levying the
proposed assessments. Ayes (5), Nays (0). Motion carried.
B-11 A Hearing on Proposed Assessments for Project No. 6216-3-71 (J8372)
Previously Deferred Assessment Against 410 16th Street S.W. Having
no one present wishing to be heard, President Postier closed the
hearing. Powers moved, Strain second to adopt Resolution No. 626-84
levying the proposed assessment. Ayes (5), Nays (0). Motion
carried.
2308
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
B-12 A Hearing on Proposed Assessments for Project No. 7101 (J8372)
Previously Deferred Assessment Against 410 16th Street S.W., Sewer
and Water to Minnesota Bible College. Having no one present wishing
to be heard, President Postier closed the hearing. Powers moved,
Allen second to adopt Resolution No. 627-84 levying the proposed
assessment. Ayes (5), Nays (0). Motion carried.
B-13 A Hearing on Proposed Assessments for Project No. 6706 (J8183, 8184
& 8185) Previously Deferred Assessment Against 410 16th Street S.W.,
Water -.Tower. Having no one present wishing to be heard, President
Postier closed the hearing. Allen moved, Solinger second to adopt
Resolution No. 628-84 levying the proposed assessment. Ayes (5),
Nays (0). Motion carried.
B-14 A Hearing on a Petition to Vacate the Platted but Undeveloped 17th
Street S.W. Right -Of -Way in the Plat of Toogood Terrace. Wishing to
be heard was Walter Paulson, 1620 6th AVenue S.W. who objected about
water runoff across the north end of his lot. Powers moved, Strain
second to continue the hearing and refer the matter to the
Committee of the Whole for further information on the water runoff.
Ayes (5), Nays (0). Motion carried.
B-15 A Hearing on the Final Plat of Cimarron Three. Having no one present
wishing to be heard, President Postier closed the hearing. Allen
moved, Powers second to adopt Resolution No. 629-84 approving the
final plat of Cimarron Three subject to the granting of an easement
for 19th Avenue N.W. and the construction of the street and public
improvements to the north line of Lot 1, Block 3. Ayes (5), Nays (0)
Motion carried.
E-3 Strain moved, Allen second to remove from the table consideration of
the Mill Race Project. Ayes (5), Nays (0). Motion carried. Mr.
Harold Jones was again present to discuss the value of his property.
Mr. Jones stated that he had no wish to fight the City and would
accept an offer of $82,000. Powers moved, Strain second to offer
Harold Jones $82,000 for the purchase of his property needed in
conjunction with the Mill Race project, contingent upon the developer
contributing $10,000 towards the purchase price and.relocation of
the existing tenant being the responsibility of Mr. Jones. Ayes (5)
Nays (0). Motion carried.
Strain moved, Allen second to adopt Resolution No. 630-84 and 631-84
authorizing execution of an Option Agreement with First Bank Rochester
for the acquisition of real estate necessary for this project at a
total cost of $69,510; and authorizing execution,of a Phase II
Agreement for this project. Ayes (5), Nays (0). Motion carried.
F-1 An Ordinance rezoning certain property and amending Ordinance No.
1659, known as the Zoning Ordinance of the City of Rochester,
Minnesota, rezoning to B-lb (Neighborhood Business) Lot 40,
Christensen-Sehl Subdivision was given its first reading.
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RECORD OF -OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL `
CITY OF ROCHESTER, MINNESOTA 2309
Regular Meeting No. 16 - November 5, 1984
Agenda
Item
F-1 An Ordinance rezoning certain property and amending Ordinance No.
1659, known as the Zoning Ordinance of the City of Rochester,
Minnesota, rezoning to R-2 (Low Density Residential) property at
1709 3rd Street S.W. was given its first reading.
Having no further business, Allen moved, Strain second to adjourn
the meeting. Ayes (5), Nays (0). Meeting adjourned.
G; ey e%r-LK
Information - 11/5/84
1. Cbmmitte of the Whole Meeting Minutes From October 1, 1984,
and October 15, 1984
1