HomeMy WebLinkAbout05-06-1985RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1
CITY OF ROCHESTER, MINNESOTA `���
Regular Meeting No. 32 - May 6, 1985
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.
C-1 Powers moved, Allen second to approve the appointment of Peter
Slavin to fill the position of Motor Operator in the Fire Department
effective May 7, 1985. This position of Motor Operator was vacated
by the retirement of Robert Lovett. Ayes (7),Nays (0).Motion carriec
E-1 Duffy moved, Bluhm second to approve the Pre -Treatment Program
which establishes standards and procedures for the pre-treatment
and man agement of industrial waste at the Wastewater Plant. The
City Attorney is instructed to prepare an Ordinance for adoption.
Ayes (7),Nays (0).Motion carried.
E-2 Bluhm moved, Powers second to instruct the City Attorney to prepare
an Amendment to Ordinance No. 2347 / Evaporation of Metered Water
for adoption. Ayes (7), Nays (0).Motion carried.
E-3 Solinger moved, Allen second to adopt Resolution No. 201-85 that the
City quit claim by an appropriate conveyance any interest it may
have in certain vacated street right-of-way of Apache Drive S. W.
for the purpose of clarifying the boundary between certain CIty
lands and those owned by MEPC American Properties, Inc. and that
said conveyance is conditioned upon dedication by the grantee
of a seven foot in width public walkway easment on a portion
of said lands conveyed. Ayes (7), Nays (0).Motion carried.
E-4 Strain moved, Powers second to adopt Resolution No. 202-85 stating
that the City eneter into a Phase II Develoment Agreement with
the Mill Race Properties Incorpoorating all the additional
provisions to the agreement previously approved with the following
three conditions: 1. The cost of backfilling the Jones property
which was part of our previous obligation to clear and level the
Jones property. This would be a City cost whether or not we
agree to sell this land to the developer. 2. $2,000 for necessary
survey work. The remaining $2,530.55 will be paid by the developer.
3. One half of the estimated taxes due and payable on the Jones
property and the First Bank property. Ayes (7), Nays (0).Motion
carried.
E-5 Allen moved, Solinger second to adopt Resolution No. 203-85 setting
a hearing to be held on June 3, 1985 covering the following:
Repealing Section 103.5 of the Home Rule Charter of the City of
Rochester. This covers certain redevelopment; referendum questions
pertaining to projects of urban renewal initiations, construction,
carried on by an Housing and Redevelopment Authority or any other
agency in and for the City of Rochester. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
2408 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - - _ 1985
Agenda
Item
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Duffy moved, Strain second to instruct the City Attorney to prepare
an Ordinance annexing to the City of Rochester a parcel containing
the address of 1735 Hwawatha Court. This is a parcel left out of
the recently annexed parcels surrounding the address above. It
is recommended that this be annexed so that it does not become an
"island". Ayes (7), Nays (0).Motion carried.
Powers moved, Bluhm second to approve the following licenses & bonds
Request received from The Rochester Art Center for approval of an
application for a raffle to be held in connection with the Rochester
Art Festival. The Council waived the bond requirement. Request
received from the DeMolay of the Masonic Temple at 101 112 Second
Street S. W. for a single dance license for May 18, 1985 at the
Temple Building. Request received from Deborah D. Petrick of
Rochester for an Auctioneer's License for the period ending
December 31, 1985. Request received from Mike Mielke of Oronoco
for a license to construct cement sidewalks, curb and gutters and
driveways in the City of Rochester thru December 31, 1985.
Request received from Craig Ramaker of Rochester for a Master
Plumbers License for the period ending Dec. 31, 1985. Request
received from the Readmore News and Bookstore, Rochester for
a license to sell Cigarettes at retail over-the-counter for the
period ending APril 1, 1986. The Rochester Art Center requests
approval for a temporary 3.2 beer license for the Rochester Art
Festival for June 2, 1985 at 11:00 A.M. to 6:00 P.M. The Olmsted
County Historical Society requests approval of their application
for an Annual Gambling license to hold a raffle on May 18 or 19,
1985. Bond requirement is waived. Request received from Michael
Clark and Richard Worrell, Claremont for a license to Construct
cement sidewalks, curb and gutters and driveways in the City
of Rochester. Request received from Elvin Bishop , Zumbro Falls
for approval of the application for a license to construct cement
sidewalks, curb and gutters and driveways in the City of Rochester
for the period ending Dec. 31, 1985. Request received from A.J.
Lysne Contracting Corporation of Owatonna for an applcation to move
a house at Northeast corner of 4th Avenue N. W. and 2nd Street N. W.
to 215 9th Avenue S. W. The move is scheduled for the week of
May 13, 1985. The application for a renewal of a license to constru(
sidewalks, curb and gutter and driveways was submitted by Michael
Lawson of Stewartville. The following number of renewal licenses
and bonds are listed on the back of the minutes. Sidewalks -cement
(2). On -Sale beer (1). Off -Sale beer (1). Cigarettes - over -the
counter (6). Ayes (7),Nays (0).Motion carried.
Solinger moved, Bluhm second to approve the transfer of the On and
Off -Sale beer license for Bob's 63 Club to the new owner of Harold
Hayes. This is located at 1726 South Broadway. The new name will
be Harold's 63 Club. Ayes (7), Nays (0).Motion carried.
Allen moved, Strain second to instruct the City Attorney to prepare
an Ordinance to renew the franchise for ROCABCO ( taxicab ) for
another five year period thru May 31, 1989. Ayes (7), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 2409
Regular Meetirrg No. 32 - May 6, 1985
Agenda
Item
E-10 Allen moved, Solinger second to approve the Accounts Payable
(list attached) in the amount of $854,657.84 - semi-monthly.
Ayes (7), Nays (0).Motion carried.
E-11 Solinger moved, Powers second to adopt Resolution No. 204-85
awarding the low bid submitted by Road Machinery and Supplies
Company of Rochester, Minnesota in the amount of $46,638.00 for a
Single -drum vibratory compactor for the Street and Alley Dept.
Ayes (7), Nays (0).Motion carried.
E-12 Bluhm moved, Powers second to adopt Resolution No. 205-85 awarding
the low bid submitted by Dave Syverson Ford of Albert Lea, Mn.
in the amount of $34,449.00 for a 44,000 GVW chassis dump box and
draulics. Ayes (7), Nays (0).Motion carried.
E-13 Duffy moved, Powers second to adopt Resolution No. 206-85 awarding
the low bid submitted by Cutler -Magner for one year's supply
of pebble quicklime for the Water Reclamation Plant in the
amount of $31,500.00. Ayes (7),Nays (0). Motion carried.
E-14 Solinger moved, Allen second to adopt Resolution No. 207-85 author-
izing the City Clerk to advertise for bids on the mechanical
alterations including boilers at City Hall, Senior Citizens Center
and Civic Theatre. Bids to be opened at 11 :00 A.M. on May 23, 1985.
Ayes (7), Nays (0). Motion carried.
E-15 Bluhm moved, Powers second to adopt Resolution No. 208-85 approving
a Cooperation Agreement with the Housing and.Redevelopment Authority
authorizing them to construct an additional 30 units of low income
public housing. The Mayor and City Clerk are authorized to execute
said cooperation agreement on behalf of the City. Ayes (7), Nays (0'
Motion carried.
E-16 Duffy moved, Bluhm second to approve the Preliminary Plat of Manor
Woods West 2nd Subdivision. Alderman Allen noted that the applicant
be reminded to get the road made to 7th Street N. W. Ayes (7),
Nays (0).Motion carried.
E-17 Powers moved, Duffy second to approve the Planned Unit Development
Revised Preliminary Plan on Lot 2, Block 1, Hylands, known as
Bluegrass Townhomes. This is subject to the following three
conditions: 1. Provide floor plans and design drawings of the
storm shelter so they can be reviewed by the Buildign and Safety
Department; 2. Provide sidewalks through the approaches on
grade and obtain necessary permits for such construction from
Public Services Dept. 3. Provide the necessary easements necessary
for Public Utilities. Ayes (7), Nays (0).Motion carried.
E-18 Powers moved, Bluhm second to approve the Preliminary Planned Unit
Development to be known as "Fox Trails" West side of Marion Road
at the 1400 Block. This is subject to the following conditions.
241G RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
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1) Reclamation of the integrity of the floodway across this property
with the removal of any illegally deposited fill (a grading plan
and report was provided by McGhie and Betts).
2) Plat the property to provide the right-of-way for the 19th Ave::SE
cul-de-sac and all necessary utility easements;
3) The storm shelter does not meet the Zoning Code requirements of
being below ground level, but at its site in the floodplain,
below grade structures are not permitted. The proposed design,
based on a preliminary review, can with minor modifications meet
a 173 pounds per square foot wind load design which is estimated
to provi-de.a reasonable assurance of occupant safety at a level
of 99%. (Source: T.*T. Fujita 1973 "Wind -Resistant Design
Concepts. for Residences" Defense Civil Preparedness Agency - July
1974).- Special considerations should be given to the anchoring
of the door and window shutters. The design of the shelter for
the suggested wind load should be approved by an engineer or
architect and provided with the final plans. A second alternativ(
would be to locate the storm shelter under one of the units along
Marion Road outside of the floodpl.ain. With either option, each
unit resident should be provided a key to gain entrance to the sp<
4) Better identify recreational vehicle parking area and overflow
parking paying special attention to the spedifics of the parking
surface, i.e. gravel vs. pavement;
5) Provide floor plans and elevations for the existing dwellings on
the site and clearly identify their future residential use, i.e.
duplex, triplex, single family;
6) Remove from the plans the parking area shown at the north end of
19th Avenue SE;
7) Design walkway at south end of project so it meets the public
sidewalk on the west side of 19th Avenue SE. The construction
material of this walkway is recommended by Public Services to be
of concrete;
8) Provide for the future potential use of the private driveway to
this project from Marion Road by the vacant property to the
south and east;
9) Reach agreement with the Public Services Department concerning
their recommendation about prohibiting "built -up -permanent ' '.
facilities" over -,!the 20' trunkmain sewer easement through this
property. The present plan shows no structures on the easement
but there are blacktop parking areas over the easement and the
Planning Staff does not know if such driveway and parking �.
facilities are prohibited by the easement across this property.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
E-19 Powers moved, Strain second to adopt Resolution No. 209-85 and 210-85
setting a hearing to be held on June 3, 1985 at 7:30 P.M. and approvi
the Plans and Specifications on New Sidewalk Project No. 1-1985 -
J 8902 - N.E. Fill-ins (11 lots on 15th Street and 16th Street
N. E. ). Ayes (7), Nays (0).Motion carried.
E-20 Bluhm moved, Allen second to adopt Resolution No. 211-85 and 212-85
approving the Preliminary report and ordering a hearing to be held
on June 3, 1985 at 7:30 P.M. on New Sidewalk Project No. 2-1985
J 8903 - 8th Ave. S. W. (East side of 8th Street and 9th Street S.W.
11 lots - 652 feet. Ayes (7), Nays (0).Motion carried.
E-21 Solinger moved, Strain second to adopt Resolution No. 213-85 and
214-85 approving the Preliminary report and ordering a hearing to be
held on June 3, 1985 at 7:30 P.M. on New Sidewalk Project No. 3 -1985
J 8904 Hazardous areas City-wide and Fill-ins. Ayes (7), Nays (0).
Motion carried.
E-22 Powers moved, Duffy second to adopt Resolution No. 215-85 and 216-85
approving the Preliminary report and ordering a hearing to be
held on June 3, 1985 at 7:30 P. M. on Sidewalk Replacement Project
No. 1-1985 J 8899 - 9th Street / 10th Street to 17th Street N.E.
8th Ave. N. E. to 15th Ave. N. E. Ayes (7), Nays (0).Motion carried.
E-23 Solinger moved, Strain second to adopt Resolution No. 217-85 and
218-85 approving the'Preliminary report and ordering a hearing to
be held on June 3, 1985 on Sidewalk Replacement Project No. 2-1985
J 8901 - Between 7th Street N. E., 9th Street N. E.; 8th Ave. N. E.
3rd Ave. N. E., N Broadway and Silver Lake. Ayes (7), Nays (0).
Motion carried.
E-24 Duffy movd, Powers second to adopt Resolution No. 219-85 and 220-85
ordering a feasibility report and a hearing to be held on June 3, 198!
on Project No. 8403-85 J 8906 - Sanitary Sewer and Watermain Ext.
to serve a 14.9 acre parcel in the Northwest Quarter of Sec. 24,
Twp 107N, R14W which lies adjacent to and East of East River Road
and South of 37th Street N. E. Ayes (7), Nays (0).Motion carried.
E-25 Powers moved, Solinger second to adopt Resolution No. 221-85 ordering
a hearing to be held on June 3, 1985 and accept the feasibility
report on Project No. 6502-85 J 8907 - Street Construction, Concrete
Curb and Gutter, Storm Sewer, Sanitary Sewer, and Watermain in 19th
Avenue N. W. from the South line of 28th Street to the Northline of
Stevens Court Subdivision. Ayes (7), Nays (0).Motion carried.
E-26 Bluhm moved, Solinger second to adopt Resolution No. 222-85 approving
an agreement with the Comissioner of Transportation of the State
of Minnesota to provide for maintenance by the City of certain
trunk highways within the municipal limits for the period July 1,
1985 through June 30, 1987. Ayes (7), Nays (0).Motion carried.
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2`��� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6. 1985
Agenda
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Powers moved, Bluhm second to adopt Resolution No. 223-85 approving
an addition of paragraph (23.75) to the Zone F (2 hour limit ) of
Section H, "Limited Parking Zones", to read: (23.75) Ninth Avenue
S. W. on the West side between the hours of 8:00 A.M. to 6:00 P.M.
Monday through Friday. Ayes (7), Nays (0).Motion carried.
Duffy moved, Allen second to adopt Resolution No. 224-85 authorizing
the Comissioner of Highways to conduct a speed study on 48th Street
S. W. from South Broadway ( T.H. 63) to llth Avenue S. W. Ayes (7),
Nays (0).Motion carried.
Duffy moved, Strain second to adopt Resolution No. 225-85 amending
the following: Paragraph (1) of Zone H. (10 hour parking ) of Sec.
I Parking Meters of the Comprehensive Parking Resolution to read:
(1) East Center Street on both sides from Second Avenue to the
East Center Street Bridge and on the South side of the bridge and
(10) Center Street on both sides from Fourth Avenue West to
Mayo Park Drive between the hours of 2:00 A.M. and 6:00 A.M., every
day of the week. Ayes (7), Nays (0).Motion carried.
Powers moved, and Bluhm second to adopt Resolution No. 226-85
to enter into an agreement with the Comissioner of Transportation
of the.State of Minnesota providing for the limited use, under the
terms and conditions set forth therein of certain right-of-way of
TH 63 within the City. Ayes (7), Nays (0).Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 226-85Aamending
paragraph (43.5) of Section B, No Parking Zones to read: (43.5)
First Avenue S. W. on the EAST side, from 18th Street to 20th Street
at all times. Ayes (7), Nays (0).Motion carried.
Solinger moved, Strain second to adopt Resolution No. 227-85 and
228-85 declaring the costs to be assessed and ordering a hearing
to be held on June 3, 1985 on the following project: Project
6706 J 8183,8184,8185 - Water tower and trunkmain to serve Low
District S. W. Rochester (Apache). Ayes (7), Nays (0).Motion carri
Duffy moved, Allen second to adopt Resolution No. 229-85 and 230-85
declaring the costs to be assessed and order a hearing to be held
on June 3, 1983 on Project No. 7101 J 8359 ) Sewer and Watermain
to serve Minnesota Bible College (Def. Assessment). Ayes (7),
Nays (0).Motion carried.
Allen moved, Bluhm second to adopt Resolution No. 231-85 and 232-85
declaring the costs to be assessed and ordering a hearing to be held
on June 3, 1985 on Project No. 6213-3-71 J 8372 Street Improvements
in 16th Street S. W. from T.H. 63 to West line Graham ( Def.
Assessment ) Ayes (7),Nays (0).Motion carried.
Powers moved, Allen second to adopt Resolution No. 233-85 awarding
the low bid of $514,050.19 to Leon Joyce Construction Company
for Project No. 8501 J 8895 Basic Construction in Apple Ridge.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Solinger moved, Powers second to adopt Resolution No. 234-85
approving the project and authorizing the City Clerk to advertise
for bids on Project J 6343 Modification of Traffic Signals on
4th Street S. W. @ 3rd and 4th Avenues. Bids to be opened at 11:00
A.M. on May 22, 1985. Ayes (7), Nays (0).Motion carried.
Duffy moved, Strain second to adopt Resolution No. 235-85 and 236-85
ordering the project to be made and authorizing the City Clerk to
advertise for bids on Project No. 8409 J 2213 Regrading and Resur-
facing of 55th Street N. W. from 18th Avenue N..W. to Trunk Highway
No. 52 North. Bids will be opened at.11:00 A.M. on June 12, 1985.
Ayes (7),Nays (0).Motion carried.
Allen moved, Powers second to approve and adopt Resolution No. 237-8
of th Public Utility Board as follows: A a contract agreement
with Powell -Clark Tree Service for providing tree trimming on
transmission lines. The amount to be $55,000.00. Ayes (7), Nays (0).
Motion carried.
Duffy moved, Strain second to approve the following permits:
1. Parade by Gage School on May 15, 1985 from 5:15 -5:30 P.M.
2. William T. McCoy Unit, American Legion Aux. selling poppies
from May 24-25, 1985.
3. Street Treets, selling of ice cream bars from bicycles, May 1,
to September 15, 1985. Ayes (7), Nays (0).Motion carried.
An Ordinance Regulating the use of public and private sewers and
drains by Industrial Users and the Pretreatment of Industrial
Wastewater; amending the Rochester Code of Ordinances by adding a
Chapter 76A thereto was given its first reading.
An Ordinance Relating to Sewer changes; providing for an Adjustment
in certain circumstances: Amending the Rochester Code of Ordinances,
Chapter 77, by adding an Additional Section was given its first
reading..
An Ordinance Annexing certain unplatted lands situated in Cascade
Township and surrounded by the Municipal Limits to the City of
Rochester - Dr. Morse property - was given its first reading.
An Ordinance Relating to Public Transportation and Franchises;
Renewing a Franchise to operate Taxicabs to ROCABCO, INC. amending
Rochester Code of Ordinances Section 90.O1.was given its first
reading.
An Ordinance Rezoning certain proeprty creating a Planned Unit
Development District known as PUD-R-80 and amending Ordinance No.
1659 known as the Zoning Ordinance of the City of Rochester, Mn.
was given its second reading. Strain moved,.Powers second to
adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
2413,
2414 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
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An Ordinance Rezoning certain property in the Harborage Sub. and
amending Ord. 1659 of the Zoning Ord. of.the City to R-1 Single
Family Residential on various lots in the Harborage Sub. was
given its second reading. Bluhm moved, Strain second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
Solinger moved, Allen second to adopt Resolution No. 238-85 approvini,
an owner contract with Western Walls, Inc. by Robert DeWitz and
Fraser Construction. Company for Basic Construction in Cimarron 4th
Sub. which in Phase I of grading, base bit. surfacing, concrete
curb and gutter, San. Sewer and Storm Sewer and Service Conn. are
in Cimarron 4th and 5th. Ayes (7), Nays (0).Motion carried.
Allen moved, Strain second to adopt Resolution No. 239-85 approving
an owner contract with Fred E. Schmidt and James M. Daley and Road
Constructors, Inc. for Basic Constructin in Bandel Hills First
Subdivision. Ayes (7), Nays (0). Motion carried.
Solinger moved, Powers second to remove the Parking Removal along
Second Street Southeast for Left Turn Lanes from the table. Ayes
(7), Nays (0).Moti6n carried. Solinger moved, Duffy second
to adopt Resolution No. 240-85 approving the above request. Ayes
(7), Nays (0).Motion carried.
Powers moved, Duffy second to remove the Expansion of*Brown Parking
1 of amendments from. the;=-tab-le"..I.Ayes (7). Nays= (0) . Moti on_ carried.
Powers -'moved, Allen second to instruct the. -City Attorney to prepare
an Ordinance amending the above. Ayes (7), Nays (0).Motion carried.
Strain moved, Allen second to remove the following item from the
table: Request to transfer the Off -Sale Liquor licnese from
Brown's Liquor Barn to Weber -Barlow Stores, Inc. located at Barlow
Plaza. Ayes (7), Nays (0).Motion carried.
The Council discussed this request and since they had granted a
request of MGM Liquor establishment to be located nar the Barlow
complex, they were interested to know if a representative from
the MGM Liquor - Rose McCauley, Rose was present. The Council felt
it was fair to hear from them since they were denied the location
at an earlier Council meeting. Since Brown Liquor Barn had been
closed for a period of time, MGM was granted a license at
that time. Ray Brown, owner of Brown Liquor Barn has opened and
requests that he is selling his business to Weber -Barlow Stores,
Inc. Upon Council approval, Mr. Rose of Rose,McCauley, Rose
was present and spoke to the Council. He stated that he is in
favor of the Off -Sale license being transferred in principle only,
otherwise he went to a lot of expense to have his license request
granted now. First the Council did not give him the license
because of the closeness of the two liquor establishments. Now
they consider this transfer and he must oppose it on this basis.
Mr. Rose stated that they plan a May 15, 1985,ground breaking and
will be operating on September,l, 1985. Alderman Powers ask
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
G-3 Mr. Rose if th Council approved this transfer would it effect his
financing. Mr. Rose stated that it would not. Aldermen Asked Mr.
Brown if he.was still running his business. Mr. Brown stated that
he was from noon to 5:00 P.M. He stated that the help was furnished
and paid for by Stephen Barlow. Mr. Brown stated that this was a
financial agreement between himself, the bank, and Mr. Barlow.
Having further Council discussion, President Postier noted that a
letter had been written to the Common Council on November 28, 1984
from Raymond A. Brown of Brown's Liquor Barn and the letter containe(
opposition to the request of MGM Liquor to locate across the road
from Barlow Plaza. It was quoted " This is a highly competitive
business and difficult enough without adding another to the
immediate area.
Bluhm moved, Solinger second to approve the transfer of the license
to Weber -Barlow Stores, Inc. Upon Roll call vote, Aldermen Allen,
Bluhm, Solinger and Strain voted aye - Ayes (4), Aldermen Duffy,
Powers and President Postier voted nay. Nays (3). Motion carried.
Having no further business, Powers moved,.Strain second to adjourn
the meeting. Ayes (7), 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,
Bluhm, Duffy, Powers , Solinger and Strain. Absent: None.
B-1 A Hearing on the Application for a Planned Unit Development
(Concept Statement ) on vacant land at the corner of 21st Ave. N.W.
and Valleyhigh Drive N. W. Wishing to be heard was Terry Dennis
510 4th Street S. W. Plainview, Mn. the applicant. He stated that
he had gone door to door talking with the people on this project
and he received positive response. He stated this land is vacant
and had weeds, is a race track for motorcycles and he would like to
develope it. He presented pictures of the project and mentioned
that the petition that contains 200 signatures are out of the 300-
350 foot radius that receive notices about the project. He has
made compromises. He has decreased the number of units from 12 to
ten owner -occupied townhouses. He stated that the drainage would be
taken care of when the landscaping is dealt with. He urged the
Council to approve this application. Wishing to be heard was Jerome
Perry, Attorney from Rochester and spoke in favor of this project .
He stated that since this is located along a major artery road,
Mr. Dennis was trying to compromise between the neighbors and the
zoning in the area. Wishing to be heard in favor was Duane
Schroeder of 2114 Vally High Dr. N. W. and stated that 64 other
condo owners were in favor. Wishing to be heard was Dean Jaeger of
1677 25th Avenue N. W. and is in total support but as an R-1 PUD.
Wishing to be heard was Bonnie Lenz of 1715 25th Avenue N. W. is
opposed to the project. Also opposed is Alice Beckers of 1651
25th Avenue N. W., Ted Clikeman of 2038 16 1/2 St. N. W., He stated
that they had 180 people support the use of this land for a lower
density. Alderman Solinger questioned why the access to Valleyhigh
Dr. was not allowed. He was told the County would not allow it.
2��� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
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Wishing to be heard was Rex Savage of 6550 Hwy 63 North. He stated
that the project is a good one and if he put five single family
homes in the area, he would have used more square footage than with
this project. He is in favor of this project.
Mr. Dennis clarified a point and stated that Mr. Jaeger had been give
a letter and Mr. Dennis thought he understood what Mr. Dennis wanted
to include in the project. Having no one else present that wished
to be heard, President Postier closed the hearing. Allen moved,
Strain second to approve this project with 6 units for a maximum of
6,300 square feet. After Council discussion, Strain withdrew his
second and Allen withdrew his motion. Alderman Duffy felt it was
unfair, Mr. Dennis has gone out of his way to make this project
feasible and has scaled down the project, etc. He is in favor of the
PUD. Alderman Powers stated that Mr. Dennis wanted 10 units, it was
scaled down to 6, why not grant him 7. Having no more discussion,
Powers moved, Duffy second to allow 7 units to be put into the Planne,
Unit Development with a maximum of 7,700 square feet - 1,100 each
building. Ayes (7), Nays (0).Motion carried.
A Hearing on the Application for a Planned Unit Development ( Concept
Statement ) on Lot 1, Block 1, Valley High Village 25th Street
N. W. at 30th Avenue N. W. Wishing to be heard was Mac Hamilton
and was present for the petitioner. He changed this to 2 bedrooms
or possibly three bedrooms and added a family room to the plan. He
also wanted to have the storm shelter requirement waived.
Having no one else that wished to be heard, President Postier closed
the hearing. Solinger moved, Powers second to approve the applicatio
with the following three conditions. 1. Increase amount of landscapin
2. Provide suitable storm shelter and 2. Vacate easement or relocate
units 1 and 2. The Preliminary Plan is also waived. Ayes (7),
Nays (0).Motion carried.
A Hearing on the Amendment of the Future Land Use Map from the
"High Density Residential" Designation to the "Commercial" designatioi
and Rezoning the Property from the R-4 (High Density Residential )
Zoning District to th B-lb ( Neighborhood Business ) Zoning District
on property at the Northeast corner of 2nd Street S. W. and llth
Avenue S. W. formerly the site of a Gasoline Service Station. Wishinc
to be heard was the owner of the Twins Motel and owner of the proeprt2
he was present for any questions the Council may have. Having no one
else present that wished to be heard, President Postier closed the
hearing. Duffy moved,Powers second to approve the land use and
ladopt Resolution No.241-85. Ayes (7), Nays (0).Motion carried.
A Hearing on theProposed Project 6207-4-85 J 8898 A recessed parking
bay for public parking abutting Lots 6,7,8 and 9'of the Replat of
Block 4 and 10 Goodings Addition. Having no one present that wished
to be heard, President Postier closed the hearing. Strain moved,
Solinger second to adopt Resolution No. 242-85 approving the project.
Ayes (7), Nays (0).Motion carried.
[i
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �`��
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
B-5 A Hearing on the Proposed Assessment - Unpaid Sewer and Water
Accounts. This involved the following property - Lots 4 and 5,
Block 1 of Irelands First Addition Plat 1840 and Parcel 00401.
Having no one present that wished to be heard, President Postier
closed the hearing. Bluhm moved, Solinger second to adopt Resoluti
No. 243-85 approving the assessment. Ayes (7), Nays (0).Motion
carried.
B-6 A Hearing on the Petition to vacate the 140' of 19th Street S.W.
right-of-way located on the west side of lst Avenue S. W. Wishing
to be heard was Tom Mueller, Petitioner and would like to build a
garage next to his house. He understands that the necessary easement
would have to be retained. Having no one else present that wished
to be heard, President Postier closed the hearing. Solinger moved,
Duffy second to adopt Resolution No. 244-85 adopting the vacation.
Ayes (7), Nays (0).Motion carried.
B-7 A Hearing on the Final Plat of Cimarron Four Subdivision. Wishing
to -be -heard was a resident of 2021 48th Street N. W. and was in
favor of this plat. Wishing to be heard Was Robert DeWitz and
was present for any questions the Council may have. He also stated
that the park would be located in Cimarron five. Having no one
else present that wished to be heard, President Postier closed the
hearing. Bluhm moved, Strain second to adopt Resoltuion No. 245-85
approving the plat. Ayes (7), Nays (0).Motion carried.
B-8 A Hearing on the Application for Planned Unit Development (Final)
Plan ) by VenStar Corporation for a Town,home Development known as
"Cascade Manor" or Block 3 of Radichel Subddivision. Having no
one present that wished to be heard, President Postier closed the
hearing. Powers moved, Duffy second to table this for 90 days.
Ayes (1), Nays (0).Motion carried.
B-9 A Hearing on the Final Plat of Cascade Manor Subdivision.
Having no one present that wished to be heard, President Postier
closed the hearing. Bluhm moved, Strain second to table this for
90 days. Ayes (7), Nays (0).Motion carried.
G-4 Solinger moved, Allen second to remove the Revised General
Development Plan of Cimarron and Western Subdivision areas from the
table. Ayes (7), Nays (0).Motion carried. Allen moved, Bluhm
second to adopt Resolution No. 246-85 approving the plan contingent
on establishing a park in Cimarron Five (3 acre) and requiring a
pedestrian Walkway for the park. This has the same conditions as
set forth by the Planning and Zoning Department. Ayes (7), Nays (0).
Motion carried.
G-5 Strain moved, Powers second to remove the Preliminary Plat of
Cimarron Five from the table. Ayes (7), Nays (0).Motion carried.
Powers moved, Solinger second to approve the preliminary plat
contingent on establishing a park with payment to DeWitz for the
land and the City to pay the assessments. Ayes (7), Nays (0).
Motion carried.
2418 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 32 - May 6, 1985
Agenda
Item
G-6
F-1
Powers moved, Allen second to remove the Application for the
Preliminary Plat of 37th Street Business Park from the table.
Ayes (7), Nays (0).Motion carried. Bluhm movd, Strain second to
approve the application subject to the following: 1. A drainageway
easement be placed on the final plat along the common line of
Lots 1, 2 and 3, Block 1. 2. The location of the intersection
of the proposed 37th Street Frontage Road be moved easterly to the
satisfaction of the County Engineer. The relocation easterly will
help reduce conflicts near the 3rd Avenue 37th Street intersection.
3. Dedicate the necessary utility easements on the final plat.
4. Increase the roadway surface width on the proposed Frontage
Road to 28' rather than the 24.5 foot width shown on the plan, to
coincide with the Thoroughfare Plan design standards. Ayes (7),
Nays (0).Motion carried.
An Ordinance Relating to Parking Lot Areas and Fees in the Brown
Lot (No. 15); amending Rochester Code of Ordinances, Section
133.01, Subdivision 8 and Section 133.02, Subdivision 6 was given
it s first reading. Solinger moved, Strain second to suspend the
rules and give the Ordinance a second reading. Upon Roll Call vote,
Aldermen Allen, Bluh, Duffy, Powers , Solinger and Strain and Presi
Postier voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance
was given its second reading. Strain moved, Bluhm second to
adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
The Ordinance was adopted.
Having no further business, Bluhm moved, Strain second to adjourn
the meeting. Ayes (7),Nays (0).Motion carried.
City Clerk /
Information-5-6-85
1. Committee of the
2. Notice of Claim -
City Attorney and
3. Notice of Claim -
Finance Dept.
Whole meeting minutes
Charles and Phillip
Finance Dept.
Mildred M. Oliphant
4-15-85
Bolin - Ref. to the
Ref. City Attorney and
!nt
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned MPPting No- 32 - May 6. 1985
Agenda cirij
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item