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HomeMy WebLinkAbout08-03-1987RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ;�;_ CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Agenda Item A-1 D-1 D-2 E=1 E-2 E-3­ President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Soli'nger moved, McConnell second to aprpove the minutes of the July 3, and July 20, 1987 meetings. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to approve the request for a feasibili report for a sidewalk improvement project requested by John Gates along 7th St. N. W. from 34th Avenue to 35th Avenue. However, Council stated that this project will be considered as part of the 1988 Sidewalk proposals. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to approve the request for split of assessments on property located in Section 23-107-14 - This is assessments on Ery Walth's property on 41st St. N. W. and West River Parkway. This is City project J 2114. Ayes (7), Nays (0). Motion carried. Solinger moved, Strain second to approve the local Cooperation Agreement between the Department of the Army and the City of Rocheste for the South Fork Zumbro River Flood Control Project. The estimated cost of the project reflecting the Corps of Eng. 1989 budget figures are as follows: - Total project cost $72,800,000. and the total City share - $1 0 000. qq e 7), Nays (0).Motion carried. Resolution No. 9 -99 was Amp& . Alderman Canfield moved, Solinger second to holda formal agreement signing ceremony on the above agreement. Local, State and Federal dignitaries will be invited. Alderman McConnell stated that he was not in favor of having a ceremony for such type of paperwork. He thinks that the money spent for this ceremony could be used elsewhere Alderman Solinger and Strain disagreed. They stated that all of the people involved with the Flood Control from local to federal levels of government have put in long hard hours and having a ceremony, -of this type is a good communication method of informing the public what has been done and what is going to be done. Ayes'(6) Nays (1). Alderman McConnell voted nay. Motion carried. Strain moved, Hunziker second to appove Amendment No. 1 to the Depot relocation contract at a cost increase of $1,500.00. This would cover costs of an alternate route as proposed by the movers. The new route would eliminate traffic problems, additional planking, etc. Ayes (7), Nays (0).Motion carried. Resolution No. 395-87 was adopted: Solinger moved, McConnell second to approve the initiating of the appraisals of•vacant parking area on the SW Corner of the 3rd Street and 1st Avenue S. E. intersection. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-4 E-5 E-6 E-7 E-8 E-9 E-10 E-11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 25 CITY OF ROCHESTER, MINNESOTA �'� Regular Meeting No. 7 - August 3, 1987 This item will be held this evening. Solinger moved, Strain second to approve the following licenses Request received from St. Anargyroi Greek Orthodox Church, Roch. for a Termporary on -sale 3.2 beer license for Sunday, August 30, for the Annual Greek Fest. & bonds: 1987 Request received from Thomas Burns of Rochester for an Auction permit for August 20, 1987 to sell electrical equipment, vehicles and real estate at 1628 Second Avenue S. E. Request for an Auction permit was also received from John Kruesel of Rochester for August 8, 1987 to sell Bath Boutique items at the Crossroads Shopping Center. The following renewal licenses have been approved : Annual Gambling (1). - American Legion Auxiliary # 92-Roch.Mn. Signs (1) - Signcrafters Outdoor Display, Inc. Roch. Mn. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to approve the application for Oh - Sale Intoxicating Liquor and Sunday Liquor for General Mills Rest- aurants, Inc. DBA Red Lobster Restaurant No. 439 Ayes (7), Nays (0). Motion carried. Canfield moved, Hunziker second to approve the issuance of an On - Sale Wine and On -Sale Non -Intoxicating Malt Liquor License to John's Family Restaurant at 6 First Avenue N. W. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to approve the semi-monthly Accounts Payable in the amount of $1,607,586.61. List is on file in the City Clerk's Office. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to reject the bid submitted by Universal Ford for one sedan for the Rochester Fire Dept. in the amount of $12,018.00. Ayes (7), Nays (0). Motion carried. The Council granted permission to the Purchasing Agent to solicit inform- al quotations from the various car dealers and present the quotes to the Council for action. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 396-87 approving the Metes and Bounds Conveyance of unplatted land adjacent to 37th Street Baptist'Church. ( north of 37th St. N. W. and south of 40th St. N. W. east of the 37th St. Baptist Church ). Ayes (7), Nays (0).Motion carried. McConnell moved, Solinger second to adopt Resolution No. 397­87 setting a hearing to be held on September 9, 1987 at 7:30 P.M. on the vacation of a portion of a 10 foot utility easement along the south side of 633 Fireside Lane S. W. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 226 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - Au3u`st 3, 1987 Agenda Item E-12 E-13 E-14 E-15 E-16 E-17 Strain moved, Hunziker second to adopt Resolution No. 398-87 and 399-87 ordering a.feasibility report and setting a hearing to be held on September 9, 1987 on Project No. 6303-2-87 J 8994 - Sanitary Sewer and Watermain Ext. from 3rd Avenue S. W. to serve GNS Fencing and others in Oil City. Ayes (7), Nays'.(0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 400-87 approving an owner contract with McGhie and Betts, Inc. Roch. Mn. for engineering services on Project No. 6240-3-87 J 9000 - San. Sewer Ext. alg. 40th St. S. W. from Willow Ct. S. W. to the SW Cor. of the SW 1/4 S 23 -T106N R14W. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 401-87 addinc Para. 215.7 of Sec. B No Parking Zones to read : 15 1/2 Ave. N. W. from 14th Street N. W. to a point 400 feet, more or less, north of 14th St., on the east side on even numbered days; and on the west side on odd days; 8:00 A.M. to 3:00 P.M.school days only. Delete Para.:13 of Section H Limited Parking Zones ( Zone F- 2 hr. limit of the Comp. Parking Resolution. This reads: 13. 15th Avenue N. W. on the east side Mon., Wed., Fri. and on the west side of Tue. and Thurs. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 402-87 covering the following: 1. Add Para. 14.5 - Sec. H Zone C - Limited Parking zones - 30 minute! Parking - First Avenue S. W. on the east side, 18-:.= ft. more or less in front of premises known as 100 First Avenue Building (1 stall). 2. Add Para 12.5 to Sec. I, Zone C - 30 minutes Pkg. Meters - 12.5 First Ave. S. W. on the east side, 18.feet more or less, in front of the premises known as 100 First Ave. Bldg. - 1 stall - Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to adopt Resolution No. 403-87 correcting the following: 1. Section B. No Parking Zones - amend the following para. (220.5) 16th Ave. N. W. on the east side on the even numbered day! and on the west side on odd numbered days, from 48th St. to 50th St. at all times. 2. Section A. Angle Parking - amend the following paragraph: (4)'First St. N. W. on both sides, from South Broadway to First Avenue. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger-:second to adopt Resolution No. 404-87 auth6r= izing the City Clerk to advertise for bids on the following project: Project No. 6205-3-87 J 8976 - Reconstruction of the existing San. Sewer in 5th St. S. W. from 4th Avenue S. W. to 6th Avenue S. W. Bids to be opened at 11:00 A.M. on Sept.2, 1987. Ayes (7), Nays (0). Motion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA -2-9x 7 Regular Meeting No. 7 - August 3 1987 Agenda Item E-18 Solinger moved, Strain second to adopt Resolutions No.. 405-87 and 406-87 declaring the deferred costs to be assessed on Project No. 6306-3084 J8876 - San. Sewer and Watermain to serve Toogood Terrace, Toogood Sub(Now.Tealstone) - Old Plat 8940 - new plat 3831 i New parcel - 01200. Norman and Judy Wimmer)- Date of hearing is August 17, 1987. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Strain second to adopt Resolution No. 407-87 approving the resolution as approved by the Public Utility Board on a purchase order agreement with Advanced Control Systems, Inc. for a Terminal unit in the amount of $19,760.00. Ayes (7), Nays (0). Motion carried. aving no further business, McConnell moved, Strain second to djourn the meeting until 7:30 P.M. Ayes (7), Nays (0). Motion arried. A-1 President Postier called the meeting to order at 7:30 P.M., the following members being present: President Postier, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. B-1 A Hearing on the Final Plat No. 87-11 - Villa Place Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to approve the plat. Ayes (7), Nays (0). Motion carried. Resolution No. 408-87 was adopted B-2 A Hearing on the Final Plat No. 86-2 Parkwood Hills Fourth Sub. Having.no one present that wished to be heard, President Postier closed the hearing. McConnell moved, Hunziker second to approve the plat and approve the name change of Mesa Verde Drive in Parkwood Hills 1st and 3rd Sub. to Parkwood Drive. It was noted by Alderman Solingen that a Trunkmain will be put in by Silver Creek. He asked Mr. Plumb, Public Services Director, when this would be done. Mr. Plumb stated that it depended on the movement of development in the area. However, Alderman Solinger wanted to make the future buyers of the area aware that they will be having future assessments because of this trunkmain. Having no further discussion, Canfield moved, Solinger second to adopt Resolution No. 409-87 approving the plat. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the petition to vacate No. 87-10 Utility Easements as platted in Stratford Court Subdivision located at the Northwest corner of 21st Abe. and Valleyhigh Drive N.W. Having no one present that wished to be heard, President Postier closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 410-87 approving the vacation. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA v Regular Meeting No. 7 - August 3, 1987 Agenda Item W. '" A Hearing on the Conditional Use Permit No. 87-11 by the City of Rochester to permit a Municipal Parking lot to be known as the East River Lot... Having no one -.present that.wis.hed'.to be heard,'President Postier closed'the'hearing.' Strain moved, Hunziker second to adopt Resolution No. 411-87 approving the permit. Ayes (7), Nays (0). Motion carried. This is.subject to the following six conditions: 1. Provide -chain on fence posts, or other type of fencing or stops along the front lot line and right-of-way line in order to prevent parking over the sidewalk and right-of-way; 2. Place stops or construct curbs. around all islands and areas that will not be a part of the parking areas or travel lanes in order to maintain a property vegetative cover of grass or similar ground cover; 3. Maintain the parking areas in a dust -free condition at all times and the parking area be .graded out to a level manner and maintained in this level manner at all times; 4. Mark all parking spaces such that the parking lot is used as shown on the site plan; 5. The southerly access onto 1st Avenue SE should be an exit only and the, City should place signage st that access indicating exit only; 6. Eliminate the two most northerly parking.spaces adjacent to the concrete block building because there is not adequate maneuvering area for backing out of the parking space. A Hearing on the Proposed Assessment on previously deferred assessmen for Sanitary Sewer and Waterma.in to serve Block 1, Knollwood Acres (Project No. 6107-78 J 8607). Wishing to be heard was Leona Martin of 905 14th St. N.E. and was appearing on behalf of the Estate of Elsie Mackey- Also appearing was Blanche Lair of 411 21st St. S.W. Both of these speakers were present for the wrong hearing. They will be heard later. Wishing to be heard was Harold Hanson of 207 20th St. S.W. and wondered what a deferred -assessment was - He was told what -this meant by Public Services Director.- Roger Plumb. Having no one else present that wished to be heard, President Postier closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 412-87 approving the assessment. Ayes (7),Nays (0). Motion carried Agenda Item B-6 B-7 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 A Hearing on the Proposed assessment on Project No. 8006- J 8729 - Water Tower to serve the High Level S. W. District. Wishing to be heard was Wilbur Yarges of 611 20th St. S. W. He was wondering about the deferred assessments and how they are arrived at. Mr. Roger Plumb informed him about City practices concerning deferred assessments. Wishing to be heard was Harold Hanson of 207 20th Street S. W. He stated that he has been using water since 1978 when he bought his property. He is wondering why he is being assessed for this project. Mr. Plumb, Public Services Director stated that he was hooked up to the 3rd Avenue source, but was never charged for this usage. Now this project is completed and he is assessed for- ':Water. Having no one else present that wished to be heard, President Postie closed the hearing. Strain moved, Solinger second to adopt Resoluti 413-87 accepting the assessment. Public Services were instructed to check to see if Mr. Hanson was not charged in 197& for the Third Avenue project. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project No. 6317-3-86 J 8930 Concrete Sidewalk and Integrant Curb on the West Frontage Road TH 52, from 2nd to 6th St. S. W. Having no one present that wished to be heard, President Postier closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 414=87 accepting the assess- ments. Ayes (7),Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project No. 6107-85 J 8890 Sanitary Sewer, Watermain and Service Connections in Golden Hill Hilmer's High View Acres, Hilmer's High View Acres No..2 and Spicer's Replat. Wishing to be heard was Blanche Lair of Rochester, Mn. She wanted to know why her assessments were different on each lot - they are the same size. Mr. Plumb, Public Services Director will check the figures and make sure they are correct. The Storm Sewer project will start shortly and they will not pave the street at this time because of the cost of the project. Wishing to be heard was Robert Hague who helped with the Mackie Estate. The Mackie Estate is in the area of the assessment. They are appealing the assessment on the basis that the original land was divided into 5 lots - then they changed the 5 lots to 4 lots in 1983. These four lots front on 3rd Avenue and were assessed accordingly. Now, they are being charged for improvements on 20th St. and the improvements are almost double.the,assessed value of the lots. They can't see that this improvement is worth that much increase on the four lots. Wishing to be heard was Harold Gerdes of 1909 lst Avenue S. W. and he is objecting to the assessment. He stated that.he doesn't think it is fair to assess him for a higher cost of rock excavation when the neighbors with lots of rock cause the price to go up. He also stated that when the contractors had a trench filled in, the inspecto came back and made them dig it up again. He stated that by the time the job was finished the trench would have settled. Also, his sod is dead. Roger Plumb, Public Services Director stated that the trench work was spongy and needed to be corrected at once. He will check out the sod problem and Mr. Plumb stated that the work to redig the tranch was bore by the contractor. The rock excavation costs are charged to the owner and is assessed accordingly. 29629 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �3® CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Agenda Item Also, Mr. Gerdes stated that he had a blacktop approach and this was not replaced. Mr. Plumb presented pictures that Mr. Gerdes had gravel approach and that is what they put back. Wishing to be heard was Arrin Ellefson of 125 20th St. S. W. and has one acre of land. He stated that he was hooked up to the water in 1979 . He does not want to pay for any more assessments. Mr. Plumb stated that if he would sell off part of the one acre lot, then the improvements would be a welcome thing to offer a potent- ial buyer. This sort of problem arises when a property -owner - has large properties. Alderman Solinger asked Mr. Plumb if the assessment charge considered the short side/ long side benefit of figuring the costs. Mr. Plumb stated thathe:allowed for 1/2 the long side in his assessment preparation. Wishing to be heard was Matt Tayler of 703 20th St. S. W. and was wondering since they only dug half of his lot up if he was being assessed for the entire front. Mr. Plumb stated that he was charged the entire frontage. Wishing to be heard was Jean Balloy of 401 20th St. S. W. and present ed nine questions to the Council as follows: (1) " Assessment -value is too high to sell any vacant lots in the area for a fair market value." It is our understanding that lot sales for residential development in this area has been curtailed for some time due to lack of adequate soils for septic tank drain fields. We are reviewing lot values in thisarea with City sewer and water. However, this review will take additional time. (2) "A 1985 edition of the Pbs-t-Bulletin stated that the interest ra on the bonds received was to be the lowest in the City's history." 3) "Why the inflexibility with repayment?" inanace Department is reviewing both the above comments. 4) "We are being charged for engineering costs for surveying, etc." es. the engineering costs for design, plan and specification prepara- ion, surveying and inspection were included in thO subject assessment 5) "Why are we paying high assessments just because the City plans o come in and eventually restructure the road grade." We did not nclude concrete curb and gutter, grading, base and residential street aving in this project because the costs would have been much higher. ased on the bid costs, the increment for an additional two foot of renching is approximately $1 per front foot. This is much less than he costs of a residential street paving project. he sewer depth is based on the requirement that existing basements be rained by gravity. The sewer depth would be shallower --if the road are graded to an urban section, but the grade of the road does not etermine the sewer depth. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Watermain depth is based on providing at least 6 feet of cover over the pipe to protect against freezing. In this case, the watermain is placed in a deeper trench.for a rural section. However, since sewer and water are installed in the same trench, this provision would not affect the cost. Estimated Assessments for Street Improvements: Curb and Gutter 8.00 to 10.00 per foot Grading and Surfacing 19.00 to 22.00 per foot (No.rmal Residential Street) Storm Sewer, if.assessed 35.00 to 50.00 per foot would be approximately equal to sanitary sewer assessment for a normal Subdivision Total $62.00 to $82.00 (6) "Should we be penalized with this high assessment due to the existing rock structure under our homes. The practice in the past has been:to assess actual costs rather than average costs. The advantage of this method is that othe City property taxpayers do no have to participate in the costs of initial sewer and water service for the ar:.e'a:6eing. served. (7) "Is it possible to assess the properties for more than the assessment would increase the property value." Normally the improvement to th property should increase the value of the property by at least the amount of the assessment. (8) "Due to the size originally required by the township, should we not be penalized for the size of our lots." The original requirements for 20,000 feet or the 1/2 acre lots was probably an.effort to provide more adequate space for septic tank drain fields. In approximately 1972, the County Health Department required 2 acres for any new lot to be served by septic tanks. The County has since not allowed building even on 2 acre..lots where the soils were not suitable. It is my understanding that this has been the situation in the subject area for some time. (9) "Wil.l the City provide homeowners with possible resources for assistance when cash flow does not meet the assessment billing or we eventually find ourself out in the street." This has not been practice in the past. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2932 Agenda Item • ME B-11 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Having on one else present that wished to be heard, President Postier closed the hearing. Strain moved, Solinger second to adopt Resolution No. 415-87 accepting the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the Proposed assessment on previously deferred assessmen, on Project No. 6107 Part III J 8076 - Sanitary Sewer & Watermain to Golden Hill Area lying West of TH 63.' Having no one present that wished to be heard, President Postier closed the hearing. Strain movE McConnell second to adopt Resolution No. 416-87 accepting the assessments. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Assessments of Project No. 8407- J 8861 - Construct Frontage Road between 57th Street N. W. and Bandel Road N. W. Wishing to be heard was Michael Mellum, Attorney for Robert Theel,:owner of land in the area. He is objecting to the assessment and thinks that Bandel Road should be vacated as it is not used now and that the Rochester Rent All should be given part of the vacated land and thus pay for the assessment per front foot and by this action would have the same assessment as Mr. Theel. Mr. Roger Plumb, Public Services Dir. stated that Bandel Road ( unused ) is needed for future highway ROW for the 55th and Hwy 52 interchange. The City and the State may need this and thus won't recommend that it be vacated at this time. Mr. Mellum stated that he doesn't think this is right and wanted to know when it would be vacated . Presiden Postier stated that no one knows the answer to that at this time. Mr. Plumb stated that this is under the jurisdiction of the highway department at this time anyway. Having no one else present that wished to be*heard, President Postier closed the hearing. Strain moved, Canfield second to adopt Resolution No. 417-87 accepting the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the City Planning and Zoning Commission initiated Zone Change from R-2 ( Low Density Residential) to B-1 ( Single Family Residential). Wishing to be heard in favor of the zone change was Ann Jones of 1421 West Center Street, Joe Roemmel of 1205 West Center Street, Rich Hutton of 1426 1st St. S. W.; Scott Dunitz of 1443 lst St. S. W. and Burce Burns of 1317.2nd St. N. W. and Suzanne Tuohy of 3 12th Avenue S. E. Wishing to oppose this was Merle Mehnke of 727 27th St. N. W.. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Solinger asked when this area was changed to R-2 - He was told it was part of the Land Use Plan. Alderman McConnell was in favor of the R-1 zone. Having no further discussion, McConnell moved, Canfield second to approve the zone change and instruct the City Attorney to prepare an Ordinance making this effective. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to instruct the City Attorney to prepare an Ordinance amending the Land Use Plan to reflect the R-1 zone change. This is subject to the Planning Commission holding a hearing and agree that this be done.- Ayes (7), Nays (O;.Motion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Agenda Item B-12 A Hearing on the Zone Change Request No. 87-8 from R-2 ( Low Density) residential district to B-lb ( Neighborhood Business) district on property located at 3106 Highway 52 North. Wishing to be heard was Russ Meier of 3106 Hwy 52 North and is in favor of this - he is also the petitioner. He wants to conduct a small business from his home. He has enough room and states that business zoning are all around his property. Alderman Bluhm asked Planning why this did not come under the "home occupation" type code. Ms. Kansier of the Planning Dept. stated that this was given to him as an option, but he wanted the additional signs, etc. that was allowed him under B-lb. He could however still pursue the home occupation at this time. Having no.one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Canfield second to deny the request. Ayes (7), Nays (0).Motion carried. B-13 A Hearing on the Land Use Plan Amendment No. 87-2 and Zone Change Request No. 87-7. A Land Consultant representing Johnson, Drake and Piper of Rochester, Mn. was present for any questions the Council may have regarding this project. Having no one else present that wished to be heard, President Postier closed the hearing. Bluhm moved, Hunziker second to instruct the City Attorney to prepare an ordinance approving the Land Use Plan and the Zone Change request. Ayes (7), Nays (0).Motion carried. Resolution No. 417A-87 (Zone Chang was adopted. E-4 Solinger moved, Hunziker second to adopt Resolution No. 418-87 approving the Phase II Agreement for the Rochester Plaza Hotel. This is with the Kahler Hotel and the City of Rochester. Alderman Strain stated that he is supportive of this development, but, however, is noti6',1avor of the write down of the property. He thinks this development project should go ahead without the help of the City. Vote was taken. Ayes (6), Nays (1). Alderman Strain voting nay. Motion carried. Additional wordage -see minutes-Aug.17,1987 meeting. (A-1). G-1 Strain moved, Bluhm second to remove the Petition to vacate No. 87- 11 on all of lst St. S. W. between Blocks 24 and 31 and all unvacated alleys in Block 24 and the west 20 feet of lst Avenue S. W. from the center of 1st St. S. W. to 35 feet south of the south line of the east -west alley in Block 24 all in the=;Qr:ignal Plat of the City of Rochester from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 419-87 approving the vacation. The Public Services Department and the City Attorney will accept the following conditions before the Mayor and the City Clerk execute the resolution. 293 2.134 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 7 - August 3, 1987 Agenda Item G-1 F-1 F-1 F-1 F-1 F-1 1. To Convey back to the City the public street easement of 1st St. S. W. and the signing.of a development agreement between the City and the Kahler Corporation for the constuction ofa new hotel on the Zumbi Hotel site. 2. To secure an agreement with the Mayo Clinic linking the existing Kahler Hotel with the Mayo Medical Education building being constructed by the Mayo Clinic. This would include a full definition of the west tunnel between the Kahler Hotel under 1st St. S. W. This would generate more retail space.,It was noted that this west tunnel is not a part of the new hotel project and is not a part of the Development District. 3. Utility easements to be aprpoved only upon the recommendation of the Public Services Department and the funding for all utilities both new and replacements, are to be paid by the developer ( This includes maintenance and repairs existing at the time of the re- location.) 4. A Hold Harmless clause to be included in the development agreement stating that the City of Rochester is in no way liable for any public mishaps. This Hold Harmless Clause Agreement absolves the City from any future damage claims in this.area. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Street Names; changing the name of Mesa Verde Drive N. E. as platted in Parkwood Hills First Subdivision and Third Subdivsiion; Amending the Rochester Code of Ordinances Sec. 75.01 - This shall be known as Parkwood Drive N. E. —This was given its first reading. An Ordinance Rezoning Certain property to R-1 Single Family Res. in Blocks 1,2,3, and 4 of Cascade Manor Sub. together with Blks 2 and 3 Kutzky's- Second Sub. together with the N 112 of Blks 2 and 3 Kutzky's First Sub. was given its first reading. An Ordinance reflecting the zone change from B-lb Neighborhood Business ) to R-1 Ringle family residential on 4.5 acres of land located along a proposed extension of 8th St. N. W. between 35th and 37th Avenue N. W. and amending the Land Use Plan was given its first reading. - An Ordinance Relating to Public Transportation; granting a Franchise to Ambassador Limousine Service Inc. amending Rochester Code of Ord. by adding a new section was given its second reading. Solinger moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Public Transportation; establishing a fee and approval procedures for -Licensing vehicles operated by the Franchise Holder; amending Rochester Code of Ordinances, Chapter 93 was given its second reading. Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .2935 Regular Meeting No. 7 - August 3, 1987 Agenda I Item F-1 Strain moved, Bluhm second to adopt Resolution No. 420-87 approving an owner contract for Basic Construction­in_:Villa Place Sub. with Dewey Day and Road Constructor's Inc. Ayes (7), Nays (0).Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 421-87 approvinc an owner contract with McGhie and Betts for watermain to serve Libertj Manor Townhomes; Phase I, Paramont Dev. Inc. and Leon Joyce Construction Company. Ayes (7), Nays (0).Motion carried. Having no further business, Hunziker moved, Canfield second to adjou the meeting. Ayes (7), Nays (0).Motion carried. City Clerk Information - 1. Notice of Claim from Mrs. Alice Sheehan and a notice of claim received from Mrs. Ernest Reiter - referred to City Attorney and Finance Dept.