HomeMy WebLinkAbout06-20-1988RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
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A-1 President Selby called the.meeting to order. -,at 7:30 P.M., the followin
members being present: President Selby, Aldermen Bluhm, Canfield
(arrived during B-2 hearing) Hunziker, McConnell_, Solinger & Strain.
Absent: None.
Bluhm moved, McConnell second to approve the minutes of the June 6,
1988 meeting. Alderman McConnell noted the fact that the former
president of the council had closed a couple of hearings. Since the
Council had received a rough draft of the minutes, it was corrected.
Ayes (6), Nays (0).Motion carried.
B-1 A Hearing onthe Final Plat of Green Meadows Sixth Subdivision. Havin
no one present that wished to be heard, President Selby closed the
r hearing. Strain moved, Bluhm second to adopt Resolution No. 390-88
approving the plat. Ayes (6), Nays (0).Motion carried.
B-2 A Hearing on the 5th Street Extension from 4th Avenue N. W. to 2nd
Avenue N. E. President Selby read the following statement:
This is a public hearing on the Environmental Assessment for the
proposed extension of 5th Street N W. from 4th Avenue N. W. to
2nd Avenue N. E. The primary purpose of the hearing is to explain th
proposed project and to obtain input. You are encouraged to comment
on the social, economic and environmental impacts of the project and
the alternatives being considered.
The Environmental Assessment and other documents are avilable for
review and copying at the Public Services Department, 1602 4th St.
S. E. Written statements and/or exhibits in place of or in addition
to oral statements made at the public hearing should be forwarded
;,. to the Public Services Department at 1602.4th St. S. E. Roch.. MN
55904 on or before July 5, 1988.
A transcript of the oral proceedings will be made. A copy of the
transcript, written statements and other information developed
relating to the project will be available for public inspection
and copying at the Public Services Department after the hearing and
before final approval is obtained.
Wishing to be heard was Roger Plumb, Public Services Dir. and he
presented a tentative schedule of the project.
Wishing to be heard mas Ron Halling of the Public Services Dept.,
Right -Of -Way Agent. He reviewed the properties that would be needed
for the right-of-way used in both alternative routes.
Wishing to be heard was Darrell Burkewitz of Tolz,King,DuVall from
St. Paul, and presented the environmental assessment of this project.
Also he gave a description of the project and described the followin
three alternatives: 1. North Alternative. 2. South Alternative.
3. Do nothing Alternative.
The approximate cost for this is $4,000,000. They are not recommend-
ing special assessments for this project.
Wishing to be heard was Richard Dison of Rochester, Mn. who owns
property bordering this project. He favors the north route because
he stated that 3rd Street to the east would be cut off and also
his tenants need the space for parking as well as the customers.
He has a $1,600,000. investment and would like to be considered.
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
Ralph Clare, Design Engineer for Tolz, King, Duvall and Anderson
also was present and gave a brief description of how many properties
would be affected.
Wishing to be heard was George Hartog Marion Township officer and he
owns property located at 209 2nd Avenue N. E. He stated that if the
north route is selected then the grading of this will affect his
property and it will drop into a hole.
Wishing to be heard was Cliff Johnson owner of property in the
area. He was concerned about the design of a cul-de-sac north of
his building and was concerned about access.
Having no one else present that wished to be heard, President
Selby closed the hearing. No action will be taken at this time.
This hearing was only to receive comments.
A transcript of the hearing will be attached to the back of the
minutes.
Strain moved, McConnell second to approve the appointment by Mayor
Hazama to the Transit Advisory Committee of Ernest Kleckner of 325
First Avenue S. W. Apt. 502 Roch. Mn. Term wi11'run to 12-31-1991.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Strain second to approve the appointment by Mayor
Hazama to the Human Rights Commission of Jon Michael Ehmann of
708 14th St. S. E. He will fill the term of Frank Hawthorne and
term will expire May 1, 1991. Ayes (7),Nays (0).Motion carried.
Solinger moved, Hunziker second to adopt Resolution No. 391-88
referring the petition for extension of Sewer and Water line to
serve the Victory Baptist Church - Sunnydale Addition for a
feasibility report. Ayes (7), Nays (0).Motion carried.
Discussion was held by the'Council on the contract with Chamber of
Commerce for Convention Bureau. 'After many meetings with the
Chamber, Conv. Bureau and the Council, Alderman Canfield stated that
the Addendum A which states that the Conv. Bureau will pay the
Chamber 10% of the Bureaus's payroll costs to reimburse the Chamber
for office space and services is a nice compromise and he is in
favor of this contract. Alderman Strain also stated that this seemed
to be a good compromise. Alderman Solinger stated that he would like
to see this tabled until a future Council meeting. A lot of informati
was presented and some of the Council still had questions on this
subject. Based on that comment, Solinger moved, McConnell second
to table this matter until the Committee of the Whole on July 11,
1988 and bring the matter back to the Council on July 18, 1988.
Ayes (7),Nays (0).Motion carried.
Strain moved, Canfield second to deny the request for street improve-
ment on 7th St. N. W.; 43rd Avenue N. W. and 41st St. N. W. The
request was for a feasibility report. Mr. Roger Plumb, Public Servic
Director stated that this should be handled as an owner -contract for
this project. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
Agenda
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E-3 McConnell moved, Bluhm second to delete the New Sidewalk Project
No. 5 -1988 -37th Avenue N. W. (West side ) 7th St. north to sidewalk
inplace. Alderman McConnell stated that this served no purpose and
the owners would have to put up a retaining wall and it is also too
close to the curb. Alderman Solinger stated that one of the homes
is three feet above all of the rest of the homes and he could see
problems if this had to be cut for sidewalk.' Alderman Strain remind-
ed the Council that it is the safety of the children that the Council
should be concerned with. Alderman.McConnell stated that the child-
ren would have to cross the street anyway at one point and he doesn't
see this as a problem. Vote was taken. Ayes (7), Nays (0).Motion
.carried and this was deleted from the sidewalk schedule for 1988.
E-4 Strain moved, Solinger second to adopt Resolution No. 392-88 granting
a 30 day extension of Phase I Agreement for the South Broadway
Project. Difficulty in receiving appraisals on the Alexander
property was a factor in requesting this extension. Ayes (7), Nays (0
Motion carried.
E-5 Solinger moved, Canfield second to adopt Resolution No. 393-88
authorizing the Mayor and the City Clerk to execute a contract with
TSP One Inc. for design, plans and specifications for replacement
of underground steam lines between the Services Building steam
boilers and the Terminal Building. Price is 7.5% of the construction
bid price. Ayes (7), Nays (0).Motion carried.
E-6 Solinger moved, Strain second to approve the following resolutions
as approved by the Rochester Public Utility Board:
Resolution No. 394-88 approving a contract agreement with J. B.
Construction Inc. for the,transmission line relocation in the amount
of $120,324.81.
Resolution No. 395-88 approving a purchase order agreement with
Reliable Powers Products for line post 'insulators in the amount of
$54,150.00.
Resolution No. 396-88 approving a purchase order agreement with Primu.
Marketing Associates for line conductors on six returnable reels at
$525.00 deposit each for a total of $75,063.39.
Ayes (7), Nays (0).Motion carried.
E-7 Strain moved, Bluhm second to approve the following licenses & bonds:
Request received from Raymond Wingert R. 2 Kellogg Mn. for an
Auctioneer's license for the period ending Dec. 31, 1988.
Request recevied from Jim Lester, Jim Lester's Plumbing and Heating
of Rochester for a Master Plumber's license thru Dec. 31, 1988.
Request received from the Minn. Police and Peace Officers Assoc.
for a temporary gambling permit to hold a raffle at the Southern Mn.
Sportsman's Club on Aug. 14, 1988.
Request received from the Rochester Div. of the Women's Assoc. of the
Mn. Orchestra for a raffle permit on Nov. 26, 1988 at the Mayo Civ.
Aud. Theater. Ayes (7), Nays (0).Motion carried.
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Adjourned Meeting No. 2 - June 20, 1988
Hunziker moved, Bluhm second to approve the Accounts Payable in
the amount of $1,014,518.96. List on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
Solinger moved, McConnell second to deny the request for a Council
appointment as liaison on the Building Planning matters of the
Rochester Public Library. Mr. Stevan Kvenvold, City Administrator
stated that The City and County currently have a building task force
underway on which the Library has a representative and also included
is an undertaking of the City's space needs on a unified basis of
which the Library space needs are an important part. Mr. Kvenvold
feels that enough communication is being done and that this would
not be necessary. Alderman Bluhm is in favor of the additional
appointment. He stated that getting the Library Board information
is important to the Council. Alderman Strain stated that the
Council needs to be aware of what topics and times of the Library
Board.meetings. He would like to see Judith Taylor invite all the
Council to attend the Board meetings and maybe one or two will be
able to attend.
Wishing to be heard was Judith Taylor of the Public Library. She
stated that this appointment isn't really necessary, but she is
encouraging the members of the Council to come to the Library
Board meetings as they will not only be planning for space and
future building, but other things as well and she -would like the
Council to be informed. She stated that she will send the Council
Library Board agendas and invite them to attend.
Ayes (7), Nays (0). Motion carried.
Strain moved, Bluhm second to instruct the City Attorney to prepare
an ordinance enacting the. amendment establishing the Committee
on Urban Environment. Ayes (7), Nays (0).Motion carried.
Canfield moved, McConnell second to adopt Resolution No. 397-88
setting a hearing for a vacation on Lots 15 and 16 Block 1 of Sunset
Terrace Sixth Sub. Date for hearing is July 18, 1988. Ayes (7),
Nays (0).Motion carried.
Solinger moved, McConnell second to adopt Resolution No. 398-88 and
399-88 setting a hearing to be held on July 18, 1988 on Project
6241-88 J 9010 - Street Resurfacing, Widening, Concrete Curb and
Gutter on 41st St. N. W. from 165 feet west of 19th Avenue N. W. to
the east line of Candlewood Sub. Ayes (7), Nays (0).Motion carried.
Canfield moved, Bluhm second to adopt Resolution No. 400-88 setting
a hearing for July 6, 1988 on the Official Street Map No. 3 - North
Broadway and 6th St. N. W. Ayes (7), Nays (0).Motion carried.
Strain moved, Bluhm second to adopt Resolution No. 401-88 amending
Para. B Surface -lots (Specific Rates) and Para (C) (Ramp Rates)
of Sec. K of the Comp. Park. Res. as follows:
(B) - Surface Lots (Specific Rates )
(2) - Lot 3, (Statuary) $2.00/all day;
$1.25/event; $30.00/month all times.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
(13) Lot 18, (Arend $1.00/all day; $1.25 event; $18.00 month
(C) Ramp rates
(3) (b) Second St. Monthly rates.
$42.00/Random : $43.00/Select; Basement $43.00.
Ayes (7), Nays (0).Motion carried.
Bluhm moved, Strain second to adopt Resolution No. 402-88 approving
the Change Orders No. 3,4, and 5 to a certain contract with Alvin
E. Benike, Inc for the construction of the First St. Parking ramp.
Amounts of the Changes are as follows: No. 3 $4,725.00; No. 4 -
$4,646.00 and No. 5 $11,863.00. Ayes (7), Nays (0).Motion carried.
Solinger moved, Canfield second to adopt Resolution No. 403-88
adding Para. 41.9 to Sec. B No.Parking Zones of the Comp. Parking Res.
(41.9) - First Avenue S. E. on the East side from loth St. to 10 1/4
Street from 2:00 A.M. to 6:00 A.M. on all days.
Ayes (7), Nays (0).Motion carried.
Canfield moved,McConnell second to adopt Resolution No. 404-88
amending Para (2.1) of Zone F (2 hr. parking ) of Sec. H Limited Park!
zones of the Comp. Parking Res. to read:
(2.1) 4th Ave. S.E. on the west side from 4th St. to 5th St. 8:00
A.M. to 5:00 P.M. Monday thru Friday.
Ayes (7), Nays (0).Motion carried.
B1uhm moved; Hu'nziker second to adopt Resolution-4;05-88.authoriz ing
the City Clerk to advertise for bids on two buses for ZIPS Dial -A -
Ride. Federal Proejct MN 904027. Bids tb,be opened in August, 1988.
Ayes (7), Nays (0).Motion carried.
Strain moved, Solinger second to adopt Resolution No. 406-88 author-
izing the City Clerk to advertise for bids on Project No. 8315-2-88
Improvements to Various Parking Lots. Bids to be opened on Wed. July
13, 1988. Ayes (7), Nays (0).Motion carried.
McConnell moved, Strain second to adopt Resolution No. 407-88 author-
izing the City Clerk to advertise for bids on City Project 8352 Traff-
Signal Modification at 1st Avenue and 2nd St. S. W. Bids to be opened
at 11:00 A.M. on July 13, 1988. Ayes (7), Nays (0).Motion carried.
Strain moved, McConnell second to adopt Resolution No. 408-88
authorizing the City Clerk to advertise for bids on Project No. 6921-f
J 9011 Bit. Overlay, Con. Curb and Gutter and Subdrains on No. Hills
Dr. N. E. from N. Broadway to the East line of Northern Hills 1st
Sub. Bids to be opened at 11:00 A.M. on July 13, 1988. Ayes (7),
Nays (0).Motion carried.
Strain moved, Bluhm second to adopt Resolution No. 409-88 authorizing
the City Clerk to advertise for bids on Project No. 8807-J 4871
S.A.P. 159-133-02 - Bridge Deck Restoration on the'Elton Hills Dr.
Bridge over the Zumbro River. Bids to be opened at 11:00 A.M. on
July 13, 1988. Ayes.(7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
Strain moved, Canfield second to adopt Resolution No. 410-88 and
411-88 declaring the cost to be assessed and ordering a hearing to
be held on July 18, 1988 on Project No. 6241-4-85 J 2217 - St.
Construction and Reconstruction of 41st St. N. W. and bridge over
TH 52 ; from West end of proposed bridge to 1670 feet West; and from
the East end 1650 feet East. Ayes (7), Nays (0).Motion carried.
Solinger moved, Strain second to adopt Resolution No. 412-88 and
413-88 declaring the cost to be assessed and ordering a hearing to
be held on July 18, 1988 on Project No. 6241-84 J 2219 - Const.
of 41st St. N. W. from W. Ramp TH 52 to 31st St. N. W. and 31st Aven.
from 41st St. N. W. to Plaza 41. Ayes (7), Nays (0).Motion carried.
An Ord. Relating to the Committee on Urban Environment establishing
the number of members; amending the ROC Sec. 20.18 was given its
first reading.
An Ordinance Annexing approx. 77.8 acres of land in the North half
of the SE 1/4 of Rochester Township ( Tract of land west of Willow
Heights ) was given its second reading. Strain moved, Bluhm second
to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
Strain moved, Hunziker second to adopt Resolution No.413A-88 approv-
ing the owner contract for San. Sewer and Watermain in Riverview
West 2nd Replat; John Bouquet and Austin P. Keller Construction.
This is subject to the owner paying the overdue invoice for water
service etc. for Riverview West etc. The amount is $13,519. plus
interest. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Strain second to remove the Adjstment of Zoning and
Development Fees from the table. Ayes (7) ,Nays (0).Motion carried.
Alderman Bluhm stated that he still did not have the answer as to
the amount allocated"by the Planning Dept. to cover the fees in the
1988 budget. Larry Klemenhagen ofthe Planning Dept. stated that it
varied according as to the work involved in each item that was sub-
mitted by the public. Alderman Bluhm stated that a certain amount
has to be budgeted for and he can't seem to find out that amount.
He stated that he won't vote against this but he would really like to
get that budget line item. having no further discussion, Bluhm
moved, Solinger second to adopt Resolution No. 414-88 approving the
fees. Ayes (7), Nays (0).Motion carried.
Canfield moved, Solinger second to remove the Architectural Consult-
ant Agreement CBD Streetscaping from the table. Canfield moved,
Bluhm second to approve the agreement and authorize the City Clerk
and the Mayor to sign said agreement. This is with Yaggy-Colby
Associates and the fee is based on 10% of the est. construction
costs and 5% of final construction costs for construction observation
inc. staking. Ayes (6), Nays.(l). Alderman McConnell voted nay.
Motion carried.
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President
Selby
Roge r
Plumb
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 205, 1988)
I would like to read the purpose of this hearing. This is a
public hearing on the 5th Street N.W. extension. This is a public
hearing on the environmental assessment for the proposed extension
of 5th Street N.W. from 4th Avenue N.W. to 2nd Avenue N.E. The
primary purpose of the hearing is to explain the proposed project
and to obtain input. You are encouraged to comment on the social,
economic, and environmental impacts of the project and the
alternatives being considered. The environmental assessment and
other documents are available for review and copying at the Public
Services Department, 1602 4th Street S.E. Written statements and/or
exhibits in place of or i"n addition.to.oral statements made at the
public hearing should be forwarded to the Public Services Department,
1602 4th Street S.E., Rochester, Minnesota; 55904, on or before
July 5, 1988. A transcript of the oral proceedings will be made.
A copy of the transcript, written statements, and other information
developed relating to the project will be available for public
inspection and copying at the Public Services Department after the
hearing and before final approval is obtained. I would now like to
turn to Roger Plumb who will present a tentative schedule for the
project. Roger.
My name is Roger Plumb, the Director of Public Services for the City
of Rochester. I will describe the project schedule. The public
hearing on environmental assessment is being held presently, June 20,
1988. The last day for submission of written comments is July 5,
1988. A review will, be done to determine if there is a finding of
no significant impact, tentative date August 15, 1988. Study report
approval scheduled for October, 1988. Right -Of -Way acquisition
tentatively from .October, 1988, to March, 1989. Final plans and
specifications to be completed approximately February, 1989.
Advertise for bids approximately April of 1989, and the contract
letting tentatively scheduled for May of 1989. This schedule is
tentative and presumes timely approvals by the agencies involved.
The Right -Of -Way acquisition may vary, of course, as far as time.
A preliminary cost estimate for the project and proposed funding,
Federal aid, urban highway funds, estimated at $1,500,000. Municipal
state aid highway funds estimated at $2,100,000, and :the city
reserve funds estimated at $400,000, a total estimated cost of
$4,000,000. We are not recommending special assessments for this
project. Ron Halling will review the Right -Of -Way report.
Will you state your name, please.
Yes, I am Ron Halling. I am the Right -Of -Way agent for the City of
Rochester. (At this point President•Selby asked if Mr. Halling
would adjust the microphone.) This project will require that the
right-of-ways be acquired on both sides of 5th Street along the
extension and also for about a block and a half south of 5th Street
on portions of 3rd and 4th Avenue N.W.- It would appear, depending
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'iRon Halling
(Continued)
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
on. -which configuration is accepted by.the Council, that somewhere
between 30 to 40 properties are affected by the acquisition.
Based on current configurations it appears to me that somewhere
between 7 to TO residences will be affected by relocation, and that
somewhere between 4 to 7 commercial establishments will need
relocation services. And, the City of Rochester is the designated
agency for the acquisition and relocation of these properties. The
procedure used for right-of-way acquisition, as explained in a
brochure published by the State of Minnesota called "A GUIDE TO
PROPERTY OWNERS", I have a copy of this along tonight, and this
particular guide is included in the mailings that are'sent out at
the time of offer to the affected property owners. An important
part of the right-of-way acquisition process is the relocation
advisory assistance program, and -under this program assistance and
b:ene:fits -are available to owners and occupants of the property to
be acquired by the governmental agency. A detailed description of
this program is given in the "RELOCATION ASSISTANCE" brochure, which
,is also published by MNDOT. Unfortunately, I do not have that on
file at this present time, but, again, those brochures will be
mailed out to affected ownerships. Briefly, because this is quite
a complicated law, the program provides for the reimbursement of
actual moving expenses to a maximum of 50 miles or an in lieu of
payment available to the owner not .to exceed $500..
Owner -occupants of T80 days prior to the offer for their property
may qualify for a replacement housing payment: That payment may
be up to $15,000. The actual payment is the amount,'ff any,
which when added to the amount that the Agency paid for the
dwelling equals the actual cost which the owner is required to
pay for a comparable dwelling - or the amount determined by the
Agency as necessary to acquire a comparable dwelling, whichever is
less. While that may sound somewhat complicated, basically, the
purpose of this is to make the owner whole.
Owner -occupants are also eligible for reimbursements for interest
differential if they have an existing mortgage and the purchase of
the replacement home results in a mortgage at a higher rate of
interest. The interest differential is paid as part of the
relocation process. Closing costs associated with both the
acquisition of the property and also with the relocation replacement
home are provided also by the Agency.
Tenants and businesses-also(,qualify.-under the relocation program:
Relocation requirements and benefits for tenants are much the same as
those for the owner -occupant. Actual moving expenses, or an in lieu
of payment are reimbursable. There is a rent differential not to
exceed $4,000, which is mandated.by the law. The rent differential
is determined by subtracting the current adjusted rent from that of
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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Public Hearing on the 5th Street N-W_ FxtPntion
(Adjourned Meeting No. 2 - June 20; 1988)
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the comparable dwelling - or the actual replacement dwelling -
(Continuedg}
whichever is less, and multiplying that figure by 48 months. In
other words, we pay the rent differential for 48 months.
The section of the law dealing with the relocation benefits fdr
businesses has recently been changed. The Federal Government is
in the process of making some changes as far as business relocation
goes and it is my understanding that the State Legislature at the
last day of their session adopted the interim rule and the basis
that I am going to give here for the.business relocation is based
on that understanding. Businesses receive benefits for actual,
or in lieu of, moving expenses and in addition to the acquisition
payment they are also paid for fixtures. The in lieu of benefit
for business in the past has had a limit of $10,000. It is my
understanding that the limit has been raised to $20,000. Qualifying
businesses may also receive a re-establishment benefit of up to
$10,000 when they elect to take actual moving and relocation
benefits.
The relocation determinations may be appealed..and the.:appeal process
will be explained to the owners at the time the offers are made.
The Federal law requires that no one be required to relocate
residence without a minimum of 90 days notice. Generally we find
that T20 days are required for the complete relocation process to
be completed. The City as the acquiring agency will work with each
individual owner or tenant in this process and will do its utmost to
soften the impact of displacement.
President
B-2
Thank you very much. Darrel JBerkowit z� of Toltz, King, Duvall and
Selby
Anderson will now give the presentation of the proposed project.
Would you state your name, please.
Darrel.'
B-2
Thank you. My name is Darrel'.Berkow', 2 ``-,and I am with the firm of
Berkowitz
Toltz, King, Duvall and Anderson, engineers.and architects from
St. Paul, Minnesota. Our firm has been retained by the City of
Rochester to assistin the Federal processing of the project. At
this time we have concluded the preparation of.the.environmental
assessment. That environmental assessment has been submitted to
the Federal Highway Admin.istration for their review and approval.
The City has received approval of the environmental assessment so
the next step in the process is the conducting of this official
public hearing. At this time, we at Toltz, King, Duvall and
Anderson would like to present to the people., the citizens of
Rochester, the City Counci 1,- and staff the'. two alternate --al i gnments
that are being looked at through the -Federal processing of the
5th Street N.W. extension. With me here tonight is Mr. Ralph Clare
of our firm who is the design engineer on the project, and I would
like to.introduce Mr. Clare at this time to present the aspects of
the various alternates that are being viewed at this time. Thank you
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W..Extension
(Adjourned Meeting No. 2 - June 20, 1988)
Fine. Thank you.
Would you state your name, please.
My name is Ralph Clare. I am with the firm of Tolz, King, Duvall,
Anderson. (Comment from the audience, "We can't hear back here.")
My name is Ralph Clare. I am with the firm of Tolz, King, Duvall,
Anderson. I will briefly describe the general concepts of the
project, go over the two alternatives, the two build alternatives
that were considered. I will next speak in summary about the project
evaluation that we conducted and the conclusions that we reached.
I will discuss some of the specific right-of-way requirements that
we have found to be needed and will then finailly address some of
the what we call theiiicommuni:ty concerns. We looked at three
alternatives, two build alternatives, one we call the north alterna-
tive the other is the south alternative. The third alternative
is what's called the do nothing, would be to leave 5th Street as
it is today. The general concepts for the two build alternatives
are essentially the same in both cases. The roadway would be a
four -lane divided expressway. There would be two traffic lanes in
each direction with a curb median dividing lanes in opposing
directions. The median would be 18 feet wide, except as:�we
approach an at -grade intersection it would be narrowed to 6 feet
and a 72 foot left turn lane would be provided. The two alternatives
for the build condition are shown on the board on the wall, and I
am going to take the mike with me.
I will orient you to the map first. On the left-hand side in the
top map which shows the North alternative is 4th Avenue West. The
next block over is 3rd Avenue West. Next, is 2nd Avenue West, and
Tst Avenue West, Broadway, is t Avenue East, and 2nd Avenue East. In
the East-West direction, we have 3rd Street N.W. And on the north
side of the project.are the mainline railroad tracks. With the
North Alternative, construction would begin just west of 4th Avenue
West on existing 5th Street. The intersection would be reconstructel
the highway east of 4th Avenue would curve slightly to the north-
east crossing the spur railroad tracks - crossing the tracks between
4th and 3rd, or just east of 3rd., The road would then, crossing
the spur tracks, would cross 2nd Avenue West and then curve to go
parallel to the railroad tracks closely abutting the railroad
right-of-way following the railroad tracks across Broadway, through
the location of the steam plant, crossing about at the intersection
of Tst Avenue East and 3rd Street and with a reverse curve connectini.
into 2nd Avenue East at 2nd Street. The project would terminate
there at 2nd Street with a grade intersection. At the West end,
4th Avenue West would remain in place; 3rd Avenue West beginning
at about 3rd Street, or south_of 3rd, would cross to the northwest
to intersect the new 5th Street at about where 4th Street is at
present. Third Avenue north of 3rd Street would terminate in a
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
3125E
Ralph Clare
(Continued)
1
Agenda
Item
B-2
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
cul-de-sac just south of the 5th Street extension. Moving one
block to the east, at 2nd Avenue, it's not shown on this drawing,
but 2nd Avenue would terminate in a cul-de-sac just south of the
spur tracks on the north side of Johnson Printing. At ist Avenue
West there would.be a grade intersection with Ist Avenue. As I
mentioned, left turn lanes would be provided for both east bound
and west bound traffic. The route would pass through the Salvation
Army Depot, go just north of the Avalon Hotel, and intersect
Broadway with art at -grade intersection, left turn lanes again
would be provided and a new traffic signal. It is proposed that 3rd
Street because 1-t is so near the intersection with 5th Street
extension and Broadway would be designated as atone -way street to
the west. It would remain in place as at present, but would carry
west bound traffic only. (Someone spoke quietly to Mr. Clare at
at this point.) Yes, 3rd Street East of Broadway would be closed.,
and, likewise, 7th Street just west of the 5th Street, 5th Avenue,
5th Street extension would also be closed.
On the South Alternative, it also would__begin on existing 5th Street
west of 4th Avenue West. The treatment of 4th Avenue West and 3rd
Avenue West would be essentially the same as it was with the North
alternative, 3rd would be re=routed over to just near 4th Avenue
and existing 3rd north of 3rd Street would terminate in a cul-de-sai
With .this location, the highway would curve southeasterly, crossing
over the existing spur tracks, which would require relocating the
spur tracks to the north side of the new 5th Street. It.would
cross through the American Legion Club and the Methodist Hospital
garage, crossing right through the intersection of lst Avenue West
and 3rd Street. It would continue on in a southeasterly direction,w(
cross Broadway just north of 2nd Street, would curve down, tte into
2nd Street just east of Broadway. There again, each intersection
would have left turn lanes. The median would be the same as what
the North Alternative, 18 feet wide, narrowing to 6 at the
intersections. We looked at the right-of-way that would be
required for the two alternatives, .!Vli.th the North Alternative
we estimate, based on our plans here, that 4.3 acres of right-of-way
would be required. This would include approximately 13 residential
parcels,.- 10 or 11 that would need to be removed. We counted 10
commercial parcel-s:that would need to be acquired in whole or in
part, at least 4 buildings that we have identified that would likely
be required. That would be the Pompeii Painting, the Salvation
Army Depot, the Servasoft Building,. and the Woodhouse Building.
With the South Alternative, sl i)ghtly more right-of-way would be
required, 4.9 acres. We counted 72 residential parcels, 6 to 8
would be to be removed. Thirteen commercial parcels would be
effected, and 5 buildings have been identified as needing to be
removed. These include the American Legion Building, the Methodist
Hospital Garage, the Standard Oil Service Station that is on
Broadway, the Auto Parts building that is behind the service station
Id
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
3125F CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W. Extension
(Adjounred Meeting No. 2 - June 20, 1988)
Ralph Clare
Agenda
Item
and I understand that building is probably vacant now, and then
B-2
(Continued)
Keehn's Liquor Warehouse. The three alternatives were evaluated
on the basis of the impacts on the transportation system,
environmental consequences, and what we have termed community
concerns. On these first two points, the two.build alternatives
were essentially the same. In the environmental assessment, we
have identified several issues on which the alternatives vary on.
the basis of the community concerns. There are several listed in
the environmental assessment, and I will only mention the most
significant ones at this time.
First, the North Alternative will not separate the project area and
isolate small sections from the CBD and the Medical Campus. The
North Alternative through most of its length closely abutting the
railroad property would not leave small remnants of property
between the tracks and the new street. The North Alternative is
a considerable distance removed from the housing development, the
Central Towers. And, it is over a block removed from the park
that is just to the west side of the central towers. Traffic
control during construction would be somewhat simpler with the
North Alternative than with the south because we'are up.fnext to
-
the railroad tracks where there wouldn't be as much problem with
local access during construction. There would be some disruption
of traffic during the construction of the intersection at 4th
Avenue West and the relocated 3rd Avenue West. The North Alternative
would not require relocation of any existing railroad tracks. The
North Alternative is quite close to the existing railroad tracks
at the crossing at Broadway.
The South Alternative would separate some area between the tracks
and the 5th Street extension. There would be some parcels left
that would be isolated from the CBD and the areas of the south.
The South Alternative passes very close to the Central Towers
housing and the city park. Traffic control during construction
on the South Alternative would be somewhat more complicated than
with the North Alternative, and would require relocation of a
considerable length of railroad track. The intersection of
Broadway would be further removed from the railroad tracks which
would be one advantage of the South Alternative.
With the Do Nothing the primary concern there is that it is
-
inconsistent with the past transportation planning efforts and
regional forecasts for the area.
That concludes my presentation at this time. Thank you.
President
B-2
Fine. Thank you very much.
Selby
This is the time for which the public may give some testimony on
this environmental assessment. Does anybody wish to speak at this
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
3125G
Agenda
I
Item
President
B-2
Selby
((Continued)
�'Richard
B-2
Dison
President B-2
Selby
Richard B-2
Dison
1
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
time from the public. Does anyone wish to be heard. Is there
anybody.who wishes to be heard. Are you getting... fine, thank you.
Would you identify yourself and your_ address.
My name is Richard Dison and I own a property boardering on the
west on Broadway.on the north on 3rd Street and on the south on
2nd Street. It might be well if I would just go to the map and
show you the area.
Fine. Would you like to take the mike, though, with you if you
are going to be speaking so that we all can hear. Thank you.
First of all, in principal I favor.the North approach and route.
The South route would cut very close to our property. I notice
that the City has less than .$1,000,OOO involved; we have property
estimated at $1,600,000, so.you are impacting on a tax -paying
entity that has a value of $1,600,000 with a $1,000,000 project
as far as the City is concerned. I am sure it is more, totally;
I just want to put that in perspective as we think.
The South project would impact and make our property, which is
right here, as you look up in here, either inside or outside the
project. We prefer to be inside of the downtown with the northern
area. I have two main concerns concerning this. First of all,
the gentleman made a statement that 3rd to the east would be cut
off, although there is a drawing here. I have talked to various
City entities and they said, well, if the Northern approaches go
through, don't worry, we can give you access from the 5th Avenue
extension to the east. But, every drawing I see shows us located
back here by an alleyway, and it just bothers me a little bit to
not see any approaches onto our property further up. According to
state specifications I think that access, to a property can't be
any more than 35 feet from the Broadway accesses or.intersection and
I would propose about 50 feet back. If there would be access
further back it would be very detrimental to our property. And
the only thing worse could probably be- a Southern route. But, I
just wanted to make that point clear.
The other thing I am concerned about is one of the reasons we are
;T00 percent occupied in our property is the fact that we.have
provided parking not only for customers but also for tenants. We
have a parcel .of -property that would be taken away from us completely
It is located approximately right here. I don't have any doubt at
all that we could come to terms as far as the value of that property
is concerned in a condemnation or a.purchase by the City, but I am
more concerned about replacement because that property is not only
a duplex, but the back area is for tenant and employee parking and
I would like equivalent in the area. I just say that as a statement
3125H
Agenda
Item
(Richard
jDison
(Continued)
President B-2
Selby
George B-2
Hartog
President B-2
Selby
Someone from B-2
the audience
President B-2
Selby
Roger Plumb B-2
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
because that is a concern. Also, if the Northern route is the
chosen route we will probably vacate 3rd, which normally in a case
like that, as I understand,normally the property owner would on
one side of the street would receive half the -property and those to
the north would receive half the property. I do have a plan whereby
we could extend our building complex for a two-story 60 by 60
entity, and I would like to put, and I have written letters to
various City'departments"in this regard that we would like to
acquire the property. on either side of 3rd so that in planning
this there is an opportunity on the part of the City to take non -
taxpaying property, which will be of little value after the
extension is completed, and put it on the tax rolls. And these
are my concerns, and thank you for your consideration.
Fine. Thank you very much. You want to return the mike and we
will see, is there anybody else who wishes to be heard on this.
Is there anybody else who wishes to be heard. Yes, sir. Please
state your name and address.
I am George Hartog of Marion Township. I happen to own the piece
of property located at 209 2nd Avenue N.E. which is presently a
rental property and is how I have used it all along. My concern
would be on the Northern route you will probably be coming presently
on the east side I havea four lane road, and if this Northern
route comes through, I will also have a four lane road coming
within probably five feet of my property. This, of course, will
make this particular property environmentally ill effective to
be able to market it as a rental piece.of property, and if there
is any grade elevation at all it will drop it in a hole and we'll
have a problem with flooding there. Thank you.
Fine. Thank you very much: Sir, did you wish to have a question.
Would someone point out Mr. Hartog's property on the map, please:
(This was done. The person pointing out the property commented:
I understand the property is on 2nd Avenue N.E., right in this
location.)
Why don't you just come up and.... Thank you, gentlemen. Is there
anyone else who wishes to be heard. Is there anybody else who
wishes to be heard. Is there anybody else who wishes to be heard.
This is a time for responses to some questions and I am wondering,
did anybody want to respond to Mr. Dison's comments at this time.
Roger.
Roger Plumb, Director of Public Services. We have met with Mr. Dison
regarding the proposed driveway on the north side of his property,
we have corresponded with him and we are in agreement that along
with the closing of 3rd Street N.E. east of Broadway that we would
1
II
L
Agenda
Item
(Roger Plumb B-2
(Continued)
President B-2
Selby
Roger Plumb B-2
Presid nt
Selby B-2
Cliff Johnso0-2
Roger Plumb B-2
Cliff B-2
I�Johnson
tomeone B-2
,from audienc
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 3125I
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
allow a driveway to the new 5th Street just east of Broadway on the
south side of 5th Street. I believe, Dave, the 50 foot dimension
is approximately correct so even though it doesn't show on the map
we are in agreement with Mr. Dison on that driveway.
Regarding Mr. Dison's request to obtain vacated 3rd Street north of
his .property, we would certainly look into that; however, in the
sale of City property it would be necessary to have appraisals and
make sure it was sold for the proper price. We certainly would look
into that fori:;Mr. Dison.
Do you have an answer to the other gentleman's concern. Or, would
you like to respond. You may not have an answer, but would you
like to respond. to it.
I'm not really familiar with it. As I understand it there is a
small house owned by the gentleman on the west side of 2nd Avenue N.
It would be north of the 5th Street extension, and it would appear"
that the project will be creating a four -lane highway just south of
his house. So, as far as any possible damages, we would have to
look into that.
Fine. Thank you. Is there anybody else who wishes to be heard.
Would you please state -your name and address.
My name is Cliff Johnson. We had an issue before that we discussed
with Roger and some .of the staff which has to do with a cul-de--sac
just north of our building, and now that 3rd Street N.W. is going to
go west instead of east there is no access from the curb which you
show up there, unless I can't see it - I can't see it on the -
drawing that would permit a semi to go into that area, to pull into
the cul-de-sac and back up to our dock. That's the issue we
started with some while ago and I would like to know, Roger, if
that's been resolved. That's the cul-de-sac.
Going back to this location - our traffic engineer did some studies
and indicated that there is sufficient space here to pull a semi
truck into the area and back to that loading dock.
Excuse me, Roger. What I am talking about is access to that cul-
de-sac from 3rd Street N.W. going up to 2nd Avenue. Now is that
the opening they are going on to that street so they can go into
that cul-de-sac and back up to the dock. I don't see it on the
drawing you issued here, because you've got the traffic going west,
He's talking about 3rd Street West dff�of Broadway going one way,
one block. After that it's two-way, isn't it Roger.
-way.
3125J
Agenda
Item
Roger Plumb
B-2
CIA ff .Johnso
B-2
President
B-2
Selby
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Public Hearing on the 5th Street N.W. Extension
(Adjourned Meeting No. 2 - June 20, 1988)
Right, this would be two way. Just the one block would be one
way.
As long as we have access to it, that's fine. Otherwise, we would
be shut off completely from it, semi one way. Thank you.
Thank you. Is there anybody else who wishes to be heard. Is there
anybody else who wishes to be heard. Is there anybody else who
wishes to be heard. I am going to close the public hearing. There
is no council action necessary at this time.
1
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3125
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1988
Agenda
Item
G-3 JProposed project - 8713-J 9022 San. Sewer and Watermain Ext. to
serve parcels in Oil City will remain on the table.
G-4 The proposed project 6256 -88 J 9.014 - St. Widening, Bit. overlay
Curb and gutter and S. Sewer on 16th St. S. E. from llth Avenue S.E.
to approx. 300 feet East will remain on the table.
G-5 11-he Final Plat of Manorwood Lakes will also remain on the table.
H-1 Canfield moved, Hunziker second to instruct the Planning and Zoning
Dept. to bring in the new zoning ordinance by November 7, 1988.
Ayes (7),Nays (0).Motion carried.
Having no further business, Hunziker moved, McConnell second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
VIiy Clerk
Information
1. Notice of Appeal of Assessments/ Ed. Pompeian on Lot 54 No.
Sunny Slopes.
2. Notice of Complaint / Margaret Lager vs Dean's Siding and
Home Imp. and the Rochester HRA - Ref. City Attorney, Finance and
Planning Depts.
3. Notice of Claim rec., Floyd Larson Const. Co. and United
Electric Co. Both were referred to City Attorney and Finance. -Dept.
4. Notice of Mechanical- Lien/ Cummins Diesel Sales, Inc.
Ref. City Attorney and Finance Dept.