HomeMy WebLinkAbout12-12-19883214 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 12, 1988
Agenda
Item
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B-1
President Selby called the meeting to order at 7:30 P.M., the follow-
ing members being present: President Selby, Aldermen Bluhm, Canfield,
Hunziker, McConnell , Solinger and Strain. Absent: None.
Canfield moved, Bluhm second to approve the minutes of the November
21, 1988 meeting. Ayes (7), Nays (0).Motion carried.
A Hearing on the Conditional Use Permit request by Lawler properties
of Rochester to permit a free standing parking lot in the B-2
district, the site of the former Lawler Theatre.
Wishing to be heard was Bill Tointon of McGhie and Betts, Roch.Mn.
and represents the Lawler properties. He stated that they were in
agreement of the conditions that the Planning Commission set on
this request. He urged the Council to approve this request.
Having no one else present that wished to be heard, President Selby
,closed the hearing. After Council discussion, Alderman Strain
wondered if any other buffer was considered other other then the 18"
planting. He was told that there was no other buffer considered.
Alderman Solinger questioned on the maintenance of the plantings.
The Park Dept. of the City will maintain them. He was told that
maintaining these plantings were suggested by the Park Dept. They
are in the area anyway and they would just as soon keep them up.
Stevan Kvenvold, City Adm. stated that having the Park Dept. main-
tain the plantings was not his idea and did not recommend that the
City do this. Havong no further discussion, Solinger moved, Strain
second to adopt Resolution No.670-88 approving the request except
eliminating the Park Dept. from the responsibility of maintaining
the plantings. The following conditions were included:
1. Eliminate the access along 1st Ave. S. W. and allow access to
the lot from the alley only.
2. Eliminate the easternmost parking stall and shift the remaining
thirteen stalls a few feet to the east so that the westernmost space
does not obstruct the alley.
3 Provide a 4' strip of landscaping along the 1st Avenue S. W.
frontage plated with 18" Anthony Water'Spirea at 24" on center
and with bark ground cover. The owner shall be
landscaping and the maintenance.
4. Place concrete wheel stops along each
protect the building to the north.
responsible for
spac�ng
the
of the parking stalls to
5. Submit a revised site plan showing the necessary changes for sta-
approval.
Ayes (7), Nays (0).Motion carried.
A Hearing on the Final Plat Sub. of Parkwood Hills Fifth.
Wishing to be heard was Harvey Retzlaff of.2004 Viola Rd. N. E.
He had questions on how long he could have to pay the assessments
if this was platted and also questioned the conditions that was
put on the plat. He also had a house and barn on the property and
he would remove the barn,but could not remove this until spring.
Based on the above, the Council needed more information.
Having no one else present that wished to be heard, President
Selby closed the hearing. Canfield moved, Bluhm second to table
this until the Council can receive more information on the above
questions. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3215
CITY OF ROCHESTER, MINNESOTA
4djourned Meeting No. 20 - December 12 1988
Agenda
Item
B-3 A Hearing on the Zone Change from R-1 ('Single Fam. Res.)
to B-4 General Business on 9.67 acres - Don Kruger Petitioner.
Wishing to be heard was Bill Tointon of McGhie and Betts of
Rochester, Mn. He represents the applicant. He stated that the
Planning and Zoning Comm. approved this area to be zoned in two
parts. One a B-4 - which is a buildable lot and one B-lb. He
stated that the topagraphy is a natural buffer between the two
areas.
Mr. Roger Plumb, Public Services Dir. stated that he prefers that
Alberta Drive be extended through this parcel and would connect
up to Northern Valley Drive. Also an access to CSAH # 22 - East
Circle Dr. will be needed from the Olmsted Ct. Eng. before const.
Alderman Bluhm stated that he likes the zones of B-4 and B-lb and
asked if Mr. Tointon would accept this zone. Mr. Tointon stated tha-
this would be O.K.
Wishing to be heard in opposition was Carol Divertie of 4200
Meadowridge Dr. She is opposed to this change. She said her tenant!
like the country like atmosphere and do not want a change.
Having no one else present that wished to be heard, President Selby
closed the hearing. Strain moved, McConnell second to approve the
change and instruct the City Attorney to prepare an Ordinance for
adoption. This is subject to the two areas being zoned B-4 or
Blb. Ayes (7), Nays (0).Motion carried.
B-4 A Hearing on the Zone Change by the Payne Company to rezone propert,
from the B-lb ( Neighborhood Business Dist. to the B-4 (General
Business Dist.). Wishing to be heard was Roger Payne of the Payne
Company. He urged the Council to approve this. He stated that the
land would be used for office buildings and would not generate much
traffic in the area. Traffic, as he understands, would be one of thl
major concerns of the local property owners.
Wishing to be heard was Peggy Haase of 3410 21st Avenue N. W. She
was wondering what was going to happen about the traffic on 21st
Ave. She says it is a nightmare and all the people use this Avenue
to get to the Frontage Road. She stated this has become heavier
lately and with this zone change would become even more. Safety
is her biggest concern.
She also said a petition bearing 26 signatures was presented in
opposition.
Having no one else present that wished to be heard, President Selby
closed the hearing.
Alderman Solinger wondered what could be done with 21st Avenue?
David Rossman, Traffic Eng. stated that one of three things could -
be done.
1. a Cul-de-sac could be built
2. a choker street could be made
3. make this a northbound one-way.
Alderman Canfield stated that a choker would be O.K. for him.
Ms. Haase stated that this could become an irritation for her to
live with, but is could be an answer.
Alderman Hunziker wondered what the possibility of extending 22nd
Avenue thru the property? Alderman McConnell doesn't think that
all the questions are being answered and he would like to wait to
vote on this.
IF
3216
Agenda
Item
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B-5
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 12, 1988
Alderman Solinger thinks that there is a problem with using 21st
Avenue and would recommend that this road situation be studied
further - also of concern was when the Highway Dept. constructs
a new bridge on Hwy 52.
Having no further comments, Solinger moved, Bluhm second to approve
the rezoning and instruct the City Attorney to prepare an ordinance
for adoption. Ayes (7), Nays (0).Motion carried.
A Hearing on the Application for a Planned Unit Development Amended
Final Plan for a portion of Seville Sub. being the vacant property
south of the Apple Tree Childrens Center at 37th St. and 15th Avenu(
N. W. Wishing to be heard was Mary Gutenecht of 3421 16th Avenue
N. W. and is opposed to this PUD. She also presented a letter in
opposition. Ms. Gutenecht stated when they bought their home in 198,
this area was possibly considered for a single family home. Now
this area is considered for two dwellings. She is also concerned
about the drainage in the area. Plans do not include storm sewers.
She urged the Council to deny this.
Alderman Bluhm questioned Mr. Jeff Ellerbush, Planning Dept. on the
answers to the above. Mr. Ellerbush stated that this area was
not a part of the original PUD and that a drain plan was that the
water would drain into 15th Ave.
Alderman McConnell stated that he also thinks this should be denied
Alderman Bluhm stated that the Council does not set the size of the
lots or what number of homes go into the area. That is done with
zoning codes, etc.
Alderman Solinger stated that the lots to the East and South are
all single family dwellings.
Mr. Ellerbush stated that depts of the frontage is 120' some
are 65' and 75'. One lot is under.
Having no one else present that wished to be heard, President Selby
closed the hearing. McConnell moved, Solinger second to deny this
request but advising that this be brought back with one large lot
with a single family dwelling planned. Ayes (6), Nays (1). Alderman
Bluhm voting nay. Motion carried. A letter from John K1opp,Dev.
was also received urging the Council to approve this.
A Hearing on the Final Plat of Brenten Court.
A letter from John Klopp, Dev. was received and urged the Council
to approve this. Based on the denial of B-5, Alderman Canfield
moved, McConnell second to deny this. Ayes (7), Nays (0).Motion
carried.
A Hearing on the proposed project No. 8801 J 9024 - San. Sewer
Trunkline, plus San. Sewer and Watermain laterals to serve the
Bamber Valley school and others in Sec. 9,10,15 and 16 in Roch.
Township.
Roger Plumb, Public Services Dir. presented a map of the area and
explained the project and where it would be put in. He also stated
that he felt secure in recovering the deferred assessments that
would be against this project.
Wishing to be heard was Dennis Peterson of 2705 Brier Ct. S. W.
He received a notice and wanted to be assured that this project
would not affect his area or the area outside of the City limits
until they were annexed into the City. He was told that no assess
!nts
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3217
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 12, 1988
Agenda
Item
B-7 would be levied until that time the area is annexed.
Wishing more information on the time this area will be annexed and
where exactly the project will go plus being opposed to this project
were the following:
Marlin Adson of 3004 Mayowoods Dr., Jerry Downs of 1324 28th St.
S. W. Victor Kloos of 2200 Mayowood Rd,, Don Frerichs of 2233 Brook
Lane, Charles Fish of 2309 Institute Hills Rd., John Ostrander of
1330 Mayowood Rd., Dr. Jack Wiltsie of 2608 Merri Hills Dr. S. W.,
Steve Arbour of 2221 Lenwood Heights, Omer Burgert, Jr. of 2109
Lenwood Dr., Mark Sykes of 2505 Crest Lane S. W., Jack Clifford of
2310 Crescent Lane , Ann Vold of 2008 Woodcrest Lane S. W., Peter
Southorn of 2403 Merri Hills Dr.
Information was supplied to these people by Jeff Ellerbush of the
Planning Dept. and Roger Plumb, Public Services Dept.
Having no one else present that wished to be heard, President Selby
closed the hearing. Bluhm moved, Hunziker second to adopt Resolution
No. 671-88 approving the project contingent on the annexation and
a certain portion of land on a written agreement to accept the
assessments associated with the project. Ayes (7), Nays (0).Motion
carried.
E-1 Bluhm monad, Canfield second to designate Council member Darrell
Strain as a Council representative on the Sales Tax Advisory
Committee. Alderman Strain stated that he would like the support of
the Flood Control Committee. Alderman McConnell stated that he is
in support of Alderman Strain. Alderman Hunziker would like a currer
report on the happenings of this Committee. Ayes (7), Nays (0).
Motion carried.
E-2 Canfield moved, Solinger second to adopt Resolution No. 672-88
relating to Health Care Facilities Revenue Bonds ( Mayo Foundation/
Mayo Medical Center ) approving and authorizing the execution and
delivery of a supplemental trust indenture and an amendment to the
Loan Agreement with respect thereto. Ayes (7), Nays (0).Motion
carried.
E-3 Solinger moved, Bluhm second to purchase property 530 South Broadway
for $51,000 with the owner retaining the gas pump and being
responsible for the removal of the underground gasoline tank.
Ayes (6), Nays (1). Alderman McConnell voted nay. The present owner
will also pay all the assessments.
E-4 Strain moved, McConnell second to adopt Resolution No. 673-88
approving the following resolution as approved by the Public Utility
Board:
Resolution No. 673-88 approving the participation in and support as
a contributing sponsor for the two year Olmsted Ct. Groundwater
and Wellhead Protection project. Total will be $49,000. per year.
Ayes (7), Nays (0).Motion carried.
E-5 Canfield moved, Bluhm second to adopt Resolution No. 674-88 authoriz-
ing the City Attorney to exeucte a settlement offer of Workers Comp.
Claim of a disputed subrogation claim arising out of an injury
���� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 12, 1988
Agenda
Item
E-5 to its employee Curtis Wibben from CIGNA Insurance in the amt. of
$12,000.00. Ayes (7), Nays (0).Motion carried.
E-6 Solinger moved, Canfield second to approve the following licenses
and bonds with the exception of No. 2 - Temp. Gamb. Permit req. by
Mn. Operators of Music and Amusements.
Request from Rick Wilson of Blueberry Hill - Hwy 52 N. for a dance
on New Year's Eve.
Request from Jerald L. Rens, Golden Hill Amoco -2276 So. Broadway
for an Over-the-counter cigarette license for Dec. 12-March 31, 1989.
Reynolds Wholesale Co. for Amoco Food Shop located at above address
for.an over-the-counter cigarette license from Dec. 12-March 31,1989.
Request received from Michael G. Nassif of 310 4th St. S. E. for a
dance permit to be held New Year's Eve at the Mayo Civic Arena.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Solinger second to deny the -request received from
the Mn. Operators of Music and Amusements for a temporary gambling
permit for Jan. 14, 1988 at the Kahler Hotel. Ayes (7), Nays (0).
Motion carried. (Resolution No. 675-88 on the denial was adopted.)
E-7 Strain moved, McConnell second to approve the request to transfer
the Ambassador Limousine Franchise to Duane L. Wilson owner of White
Glove. Ayes (7), Nays (0).Motion carried.
E-8 Canfield moved, Bluhm second to adopt Resolution No..676-88 approving
the General Retention Schedule and the Data Practices Master Plan.
Ayes (7), Nays (0).Motion carried.
E-9 Bluhm moved, Hunziker second to adopt Resolution No. 677-88 authorizi
a feasibility report on a request received from Hal Henderson of
Aspens Dev. to have a road extend to the Aspens Dev. from Wimbledon
Hills Dev. Ayes (7), Nays (0). Motion carried.
E-10 Canfield moved, Hunziker second to approve the Accounts Payable
in the amount of $5,469,216.29 - List on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
E-11 Strain moved, Bluhm second to adopt Resolution No. 678-88 approving
the wages and benefits for City employees not covered by.any labor
agreement/ meet and confer agreement. Ayes (7), Nays (0).Motion
carried.
E-12 Canfield moved, Strain second to approve the pay grade increase for
David Korus. He will be advanced one pay grade for his previous
police experience. Ayes (7), Nays (0).Motion carried.
E-13 Solinger moved, McConnell second to table the request for a proposed
project - 8306-88 J 9073 - San. Sewer and Watermain along the west
line of Sec. 10-106-14 - from the west line of Baihly Hills Dr. in
Baihly Woodland 7th Sub. to 150 feet S. of the NW corner of Sec. 10
This will be discussed at the Committee of Whole. Ayes (7), Nays (0).
Motion carried.
IRS
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL, 321-9
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - December 12, 1988
Agenda
Item
E-14 Canfield moved, Solinger second to set a public hearing to be held
on February 6, 1989 on the Facilities Plan for Solid handling improv
ments at the Water Reclamation Plant. Ayes (7), Nays (0).Motion
carried.
E-15 Strain moved, Solinger second to adopt Resolution No. 679-88 author-
izing the Mayor and City Clerk to execute an agreement making a lump
sum fee in the amount of $14,465.00 from DM&E Railroad Corp. for San.
Sewer ROW to the General Warehouse. Ayes (7), Nays (0).Motion carried.
E-16 Hunziker moved, McConnell second to adopt Resolution No. 680-88
approving the Agency Agreement between the City and Mn. Dept. of
Transp. to act as agent and sign agreements on behalf of the City.
Ayes (7), Nays (0).Motion carried.
E-17 Hunziker moved, McConnell second to reject the bids on Construction of
Downtown Bus Stop MN 05-0016 and authorize the City Clerk to rebid
the stop. Ayes (7), Nays (0).Motion carried.
E-18 Solinger moved, Strain second to adopt Resolution No. 681-88 and
682-88 decl.aring the costs to be assessed and ordering a public hearii
for Jan. 1$,1989 on Proejct No. 6300-N-S-84 J 8859 - Reconstruction
of Broadway from 9th Street South to 4th St. South. Ayes (7),
Nays (0).Motion carried.
E-19 Canfield moved, McConnell second to adopt Resolution No. 683-88
authorizing payment for extra work covered by Supplemental Agreement
No. 1- Various locations City Wide replacment Project 4-87 (sidewalk)
J 8992. This is in the amt. not to exceed $11,686.18. Ayes (7),
Nays (0).Motion carried.
E-20 Solinger moved, Bluhm second to adopt Resolution No. 684-88 authorzinc
the Mayor and City Clerk to execute a contract with HGA for Riverbend
Site Analysis. Ayes (7), Nasy (0).Motion carried. The sum is not
to exceed $12,000.00.
F-1 An Ordinance Rezoning certain property and amending Ord. 1659 known a!
the Zoning Ord. of the City -B-4 General Business -Lot 3-9 Blk 1,
Rolling Green Fifth Sub. was given its first reading.
F-1 �An Ordinance Rezoning property to B-lb - Neigh. Bus- and B-4
General Business - 6.13 acres was given its first reading.
F-1 An Ordinance rezoning property to M-1 Light Ind. - S & S Moving
and Storage property on No. TH 52 was given its second reading.
Strain moved, Solinger second to adopt the Ordinance as read.
Ayes (7), Nasy (0).Motion carried.
F-1 Bluhm moved, Canfield second to adopt Resolution No. 685-88 approving
an owner contract with McGhie and Betts for Watermain Ext. in 40th
St. N. W.and on site to serve new IBM Credit Union. Ayes (7),
Nays (0).Motion carried.
���® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 20 - Dec. 12, 1988
Agenda
Item
G-1
Strain moved, Canfield second to remove the Traffic Study of North
Broadway from the table. Ayes (7), Nays (0).Motion carried.
Bluhm moved, McConnell second to adopt Resolution No. 686-88 requestii
Mn/DOT to rezone that segment of North Broadway lying South of No.
Hills Dr. from its present zone of 45 MPH to 40 MPH..Ayes (7), Nays
(0).Motion carried.
Solinger moved, Canfield second to instruct the Traffic Engineer
to make a study on the road due to the needs 6f the area and the
recommendation of the residents in the area. This is the frontage
road on 21st -22nd Avenue N. W. Ayes (7), Nays (0).Motion carried.
Having no further business, Bluhm moved, Hunziker second to adjourn
the meeting. Ayes (7), Nays (0).Motion carried.
Citv Clerk
Information - Comm. of Whole minutes - 11-21-88
Notice of Claim received from Barbara B. Young - Ref. City Attorney
and Finance
Notice of Claim received from George Litzan - Ref. City Attorney
and Finance.
Thank youletter from C%hild Care and Resource and Referral
Notice of Complaint - Franklin P. Kottschade.
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