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HomeMy WebLinkAbout07-15-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA p Adjourned Meetinq No. 5 - Julv 15. 1991 N. 3 75 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follo ing members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None. Canfield moved, McConnell second to approve the minutes of the July 1, 1991 meeting with the correction to E-7 and that is that - Alderman Canfield voted aye. With that correction, Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Property located at 408 and 410 17th Avenue N. E. The hearing is to consider whether or not this property is hazardous. Wishing to be heard was Bob Hague, Chief Inspector of the Housing Dept. - Building and Safety of the City of Rochester. Mr. Hague was questioned by Assistant City Attorney, Mary Pieper. He was asked when he began inspecting this property. Mr. Hague state in 1.987-he investigated this property and found that the smoke detectors were not working and that the lower bathroom had water damage. His next inspection was February 1988 and the instructions were to put new siding on the exterior of the house and remove the sheet rock on the lower level of the house and replace it with new sheet rock and a new wall in the bath and shower area of the lower level. Ms. Pieper questioned Mr. Hague - "Was there any other inspections done in 1988"? Mr. Hague stated there was another inspection done in July of 1988 and a letter was written to a contractor who had been contracted with to make the repairs- part of the siding on the west side had been replaced and a new wall was in the bathroom. These were completed to the inspectors approval. But, the window and the tub enclosure did not satisfy the code requirements. Ms. Pieper questioned " Was there any inspections in 1989? Mr. Hague stated that in October, 1989 " The bathroom window in the front apartment has no been replaced ( one of the original orders ). Exterior horizontal siding needed to be replaced to comply with the code - overhead door on the detached garage should be replaced. Lower panel was missing and -the door was not working. A storm door was broken north of the attached garage. Ms. Pieper questioned " Were any of the corrections made in 1989"? Mr. Hague "No they have not". June 1, 1990 Mr. Hague inspected this property again and found that this dwelling was vacant and declared hazardous. Mr. McGTathery was notified stating that this was hazardous and open to vandalism. The storm and inside door to the attached garage had been broken and the door to the inside dwelling was broken. The grass had not been cut and debris in the rear yard including old tires ,etc. None of the previous ordering in 1989 had been complied with. Ms. Pieper " Mr. Hague did you inspect this again? Mr. Hague "Yes, in June 23, 1991° Ms. Pieper "Mr. Hague did you take pictures of this property?" Mr. Hague " Yes I -did " - they were presented to the Council at this time. Ms. Pieper " What is the condition to date" - Mr. Hague " it is the same as before - detached garage is boarded up overhead door is secured - service door had been pad- locked - on the dwelling itself, two of the lower windows have been boarded up and the service door to the attached garage has been boar ed up although the attached garage door is able to be opened. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - July 15, 1991 Agenda Item B-1 Openings on the detached garage measure about 18 x 4 inches - on the dwelling itself no openings are bigger then and inch and a hal Ms. Pieper Can the dwelling be entered thru the attached garage?" Mr. Hague - Yes, you can open the overhead door from the outside & the doors to the two units on the inside are wide open. The front yard has been mowed and the weeds to the south side of the dwelling has been cut down - the rear yard has not been touched." Ms. Pieper " Does your expereince convey that this building is in d-ilapidated condition"? Mr. Hague " I would consider this a hazardous building". This will remain so until completely secured. Wishing to be heard was Coralee Burkholder of 322 17th Ave. N. E. She has lived in the area 14 112 years and witnessed this property and the deterioration. She is concerned about the rodents that have been living in the dwelling and on the property. She is concerned about the safety of the property and dwelling - children can play in the area and would have access to the house thru the open doors and hurt themselves. They also had water pipes broken and water was flowing from the house at one time and she had to call the authorities to stop this problem. She urged the Council to declare this a hazard and order the property to be improved. Alderman McConnell asked Ms. Burkholder if the neighborhood would like to see this dwelling demolished or fixed up. Ms. Burkholder stated that they would like to see the dwelling fixed up to code regulations and sold to a nice family that will keep the property up. Wishing to be heard was Fred Suhler, Jr. Attorney - 201 Riverside Building and is representing the owner of the property, Mr. William D. McGlathery. Mr. Suhler stated that he received a phone call on Thursday, July 11, 1991 from Mr. McGlathery asking him to bring the dwelling and property up to code. Mr. McGlathery is old and was having health problems and is now trying to bring this property up to code and asked Mr. Suhler to help him. Since that phone call, Mr. Suhler has been attempting to secure the property and they have boarded up all the questionable areas except the garage door which is not operating and getting the remaining holes patched up. The siding will be repaired and the trash will be taken away in its entirety. Mr. Suhler stated that his client has been paying taxes on a $65,000. dwelling and they have been paid. .His client may be interested in selling, but he is not able to assure the Council that this may happen. Mr. Suhler is personally going to see that this mess is cleaned up if the Council will grant him time to do so. He urged the Council to grant him at least 60 days time. It was noted that this dwelling having been vacant, would lose the non -conforming duplex in Flood Fringe status due to the prolonged vacancy. It would then go back to being a one family dwg. Wishing to be heard was Gary Burkholder of 322 17th Avenue N. E. He stated that all the neighbors want is for this mess to be cleaned up. He wanted this done immediately and not be granted the 60 days to do so. 04 1 Agenda Item MWA RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 376:1 Regular Meeting No. 5 - July 15, 1991 Wishing to be heard was Linda Lochner of 1610 5th St. N. E. and was concerned about the unpaid taxes that she heard occurred on this property. She was assured by staff that the taxes have been paid. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Solinger stated that this is the first time the Council has heard of this problem. He wondered why this has not been seen before or something done before it reached this point after all these years. Alderman Solinger also thinks that the owner should be given a chance to clean it up and brought up to code within a given time. Alderman Petersson stated that the taxpayers have rights too and they are concerned about the mess that exists. She would like to see the property condemned as hazardous and brought up to date withii 30 days. The Council considered the "Findings of Facts" in this situation and they found them to be as follows: 1. The property is owned by William D. McGlathery of 3950 Wintergreen Court Danbury Wisc. said property being located at 408-410 17th Ave. N. E. 2. The property has been vacant since Jan. 1, 1990. 3. At the time the property was vacated there was outstanding corrections order dated Oct._ 26, 1989 and Feb. 22, 1988. 4. The overhead door to the attached garage is not secured and there is evidence of broken glass next to the buildings and a rodent problei 5. Because of public accessibility by vandals, etc. it constitutes a fire hazard. 6. Because of the density of the area, should a fire start, it would be a risk of significant damage to the property in the area.- 7. The building is now zoned R-1, flood fringe which would prohibit any use of the lower level which is below ground level as living quarters. After further discussion by the Council on methods of solving this problem, Hunziker moved, Petersson second to declare this property hazardous. Ayes (7), Nays (0).Motion carried. After Council input on the "Findings of Fact", Solinger moved, Petersson second to order the property completely secure ( Temporary Basis ) and that the owner has 30 days to show the Council (Good Faith Contracts) that contracts are made for complete repair of the structure and that the project is finished by another 30 days for occupancy according to the Buidling and Safety Code of Occupancy. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve a Maintenance program for the yard and that said contract for maintenance be signed and presented to the Council at the meeting of August 5, 1991. Ayes (7) Nays (0).Motion carried. A Hearing on the Zone Change 91-10 by Plaza 41 Northwest from the B-4 District to the M-1 District. No action was taken on this because insufficient notice was not given to the property owners. It will be considered at the next meeting. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ��� Regular Meeting No 5 - j my 15, 1991 Agenda Item C B-5 D-1 A Hearing on the City Council Initiated Zone Change 91-8 - This changes the zone district from R-3 and R-2 to R-1 district. This is a request on a part of the property located in the Glendale Hills Sub. Having no one present that -wished to be heard, President Selby closed the hearing. McConnell moved, Petersson second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. A Hearing on the City Planning and Zoning Commission Initiated Land Use Plan Amendment 91-3 and Zone Change 91-9. Having no one present that wished to be heard, President Selby closed the hearing. Crawfor moved, Solinger second to adopt Resolution No. 361-91 approving the change. This was land located on the east side of 18th Ave. N. W. north of Kings Run drainageway, south of 55th St. N.W. and west of Essex Park. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed vacation of a 10 foot wide utility easement along the south (back) lot line of Lot 14, Blk 1, Baihly Heights 5th. Having no one present that wishes to be heard, Preside Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 362-91 approving the vacation. Ayes (7), Nays (0). Motion carried. A Hearing on.the proposed vacation of a 10 foot wide utility easement located along the west lot line of Lot 11, Blk 1, Northern Heights East 6th Sub. Wishing to be heard was Phil Thompson of 2420 Wilshire Lane N. E. He urged the Council to approve this. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Petersson second to adopt Resolution No. 363-91 approving the vacation. Ayes (7),Nays (0).Motic carried. Connie Dammen requested to be heard. She resides at 1721 loth St. N. E. and her topic was the kids congregating in the Downtown area and the need for a place for the kids to gather. She stated that a peaceful assembly is within the constitutional rights of everyone. Kids are just mingling with other kids and most of them are really good decent people. She urged the Council to have a task force which would have kids on the force and meet and confer with the City Officials on what to do and where to meet, possibly a building where people could meet, etc. Alderman Canfield stated that the Rochester Police had a very sensitive plan what was laid out by Assistant Chief Miller and was the best that he has seen yet he commended the Rochesterfest Committee for the activities that they organized and held in the general area of the Peace Plaza which was geared toward teenagers. We, the City need to keep suggestions coming and keep thinking of things for the kids to be doing. Council took this under advisement. 1 Agenda Item E-1 E-2 E-3 E-4 E-5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - July 15, 1991 SOlinger moved, McConnell second to approve the Amendments to the Bylaws of Coalition of Greater Minnesota Cities. These will be passed to the members of the Coalition for their consideration. Ayes (7), Nays (0).Motion carried. Allen Vander Meulen III wished to be heard regarding the requested resolution relating to TBN Cable station and the fact that a group of people want TBN returned to the cable channel. Mr. Vander Meulen III urged the Council to adopt a resolution approving the placing this channel back on the Rochester station. Again, approx. 30 people were in attendance holding signs urging cable to put this station back on the air. Mr. Vander Meulen III feels that this is a utility too and should have some local control in what stations are put on and taken off. He is urging the Council to adopt this Resolution for adoption. A-lderman McConnell stated that even tho he doesn't watch this TBN station he would support the group. Alderman Hunziker questioned that if the Council supports this group and puts TBN back on, then what about the people that have been watching VISN - would they come back to the Council having been irked that their station is taken off? Alderman Petersson stated that she supports the adoption of a resolution of support. Alderman Crawford stated that she believes the local cable company is not sensitive to the wants of the local people. Alderman Solinger stated that a way to help the cable company administer the local wants would be to urge the congress in Wash. D.C. they change the laws eliminating local control and they will have to give this back to the local people. That is the only way the City can make any difference. He is in support of a resolution, but it is only advisory. He wondered, tho, if the City is setting a precedent on this matter. City Attorney, Terry Adkins stated that we are not because the resolution is not legally binding, only advisory. McConnell moved, Solinger second to adopt Resolution No. 364-91 approving the request to urge WestMarc Cable to return TBN to the Cable Channel. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to approve the purchase offers and negotiate the acquisition of 217 and 225 East Center Street and 218, 224 and 226 First Avenue N. E.. This is needed for a parking lot accommodating a 100 car lot. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 365-91 providing for one.time reduction in the parking rates in municipally owned ramps from $.60 per hour to $.25 per hour between the hours of 9 A.M. and 5 P.M. on July 25, 1991.Ayes (7), Nays (0).Motion carried. Solinger moved, Crawford second to adopt Resolution No. 366-91 approving the agreement for State Aid for Maintenance and Operation at the Rochester Municipal Airport. This is with the State of Mn. Dept. of Transp. Agmt. No. 68525. Ayes (7), Nays (0).Motion carried. 3 7, 63 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 33764 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 5 - July 15, 1991 Agenda Item E-6 Petersson moved, Canfield second to approve the following licenses and bonds: Request received from the following: Cigarette - Over the Counter - D & R Star for Brothers Bar and Grill 808 S. Broadway Cigarette - Vending Machine - Midwest Events and Entertainment - 724 lst Ave. S. W. Sidewalks - Asphalt - L J Passe Blacktop and Excavating of Kellogg,Mn Sidewalks - .Asphalt and Cement - Lake Area Utilitites of Hugo, Mn. Gambling Lic. -Annual Renewal -Knights of Columbus 2010 Hwy 14 E. Temp.Gamb. - ARC Olmsted People First -903 West Center St. Roch.Mn. Dance - Temp. from the Aviary Rest. 4320 Hwy 52 N.on July 18, 1991. Annual Sidwalk Days Sale - Downtown Business Assoc. Rochester, Mn. on July 25, 1991 thru July 28, 1991. Ayes (7), Nays (0). Motion carried. E-7 Solinger moved, Crawford second to approve the Accounts Payable in the amount of $1,550,077.23 ( List on file with the City Clerk ) Alderman McConnell stated that he was not in favor of the bill submitted by Larkin,Hoffman, Daby, Lindgren, Ltd. in the amount of $52,139.17 because it was originally intended the firm be contracted for $25,000. He stated that this is an "insult to taxpayers". Alderman Solinger explained that the additional lobby work done by this firm on the additional sales tax situation etc. saved the City of Rochester two million dollars and the additional funding is well worth the additional contract amount. Ayes (6), Nays (1). Alderman McConnell voted nay. Motion carried. E-8 Canfield moved, Crawford second to adopt Resolution No. 367-91 authorizing the City Clerk to advertise for bids on Gasoline and Dies Fuel to be opened at 11:00 A.M. on July 30, 1991. Ayes (7), Nays (0). Motion carried. E-9 Canfield moved, Hunziker second to table the Food and Beverage Contract - Mayo Civic Center/Kahler for further discussion. Ayes (7), Nays (0).Motion carried. E-10 Hunziker moved, McConnell second to adopt Resolution No. 368-91 approving the request for a leave of absence by Keith D.-Ruona Eng. Tech. Sidewalk Inspector from August 5, 1991 thru Jan. 31, 1991 for family reasons. This is to be taken without pay. Ayes (7), Nays (0).Motion carried. E-11 Petersson mvoed, Hunziker second to table the request for Metes and Bounds Conveyance of land adjacent to Lots 8 and 9 , Blk 1, Foxcroft North until August 5, 1991. Ayes (7), Nays (0).Motion carried. E-12 Solinger moved, Petersson second to adopt Resolution No. 369-91 authorizing the execution of a lease agreement for the property at 448 loth St. N. W. with Keith and Kim Wharton. This lease will be $425.00 per month plus utilities. Ayes (7), Nays (0).Motion carried. L 1 Agenda Item E-13 E-14 E-15 E-16 E-17 E-18 E-19 F-1 F-1 F-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3765 Adjourned Meeting No. 5 - July 15, 1991 Solinger moved, Petersson second to adopt Resolution No. 370-91 and 371-91 declaring. - the costs to be assessed and ordering a hearing to be held on August 19, 1991 on Project 6311-4-89 J 9132 Street Widenin Reconstruction and Resurfacing on llth Ave. N. W. from 12th St. N. W. to approx. 300 feet south of 19th St. N. W. Ayes (7), Nays (0). Motion carried. Crawford moved, Petersson second to adopt Resoultion No. 372-91 and 373-91 declaring the costs to be assessed and ordering a public hearii to be held on August 19, 1991 on Project No. 6305-4-89 J 9081 -St. Widening, Curb and Gutter and Storm Sewer on 1st St. N. W. from 4th to 6th Ave. N. W. and on 5th Ave. from West Center to 1st St. N. W. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 374-91 auth- orizing the City Clerk to advertise for bids on Project No. 6204- 2-91 J 9168 - Reconstruction of 4th St. S.E. 1st to 3rd Ave. S. E. an( 3rd Avenue S. E., 4th St. to 450 feet South. Bids to be opened on August 16, 1991 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. McConnell moved, Petersson second to adopt Resolution No. 375-91 amending the CY1990 City/RCL contract to proivde mileage reimburse- ment for support vehicles based total miles x percent transit miles x $.21 and amending the CY 1991 City /RCL contract to provide mileage reimbursement for support vehicles based on total miles x percent transit miles x $.21. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to adopt Resolution No. 376-91 approving the Contract Modification No. 3 which increases the contract amount by $5,905.00. This is for Solids Handling Improvements at . the Water Reclamation Plant. This is with Bor-Son Construction, Inc. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 377-81 approving the Cooperative Agreement for Transportation Planning Services with the ROCOG. Ayes (7), Nays (0).Motion carried. Hunziker moved, Petersson second to adopt Resolution No. 378-91 approving the Bike Path Crossing on the Dakota Mn. and E. RR of the Zumbro River in Roch. Ayes (7), Nays (0).Motion Carried. IAn Ordinance Rezoning certain property to R-1 Zoning on Glendale Sub. was given its first reading. An Ordinance Rezoning to R-3 - 2.99 acres on Kings Run was given its first reading. McConnell moved, Hunziker second to approve the Owner Contract for Basic Construction in North Park 6th Sub. - S. L. Contracting Ayes (7), Nays (0).Motion carried. Res. 379-91.was adopted. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3766 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 15, 1991 Agenda Item F-1 F-1 F-1 G-1 Solinger moved, Petersson second to adopt Resolution No. 380-91 approving the Owners Contract for St. Const. Storm Sewer and Sub - drains in Pine Ridge Est. First Sub. DKDC Dev. and General Partner- ship and Road Constructors, Inc. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 381-91 approving an owner contract for San. Sewer and Watermain in Cheval Estates, Donald Soderberg and Road Constructors., Ayes (7), Nays (0). Motion carried. Canfield moved, Petersson second to adopt Resolution No. 382-91 approving an Assessment Agreement with DKMC concerning Pine Ridge Est. in connection to the public water and sewer system. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to remove the Tabled Final Plat to be called Interlachen from the table. Ayes (6), Nays (1). Presiden- Selby voted nay. Motion carried. Stevan Kvenvold, City Adm. summarized the items as listed in a Memo to the City Council by Gary Neumann, Assistant City Adm. Items are listed in the Memo on file dated July 12, 1991 and filed with the City Clerk. Wishing to be heard was Mac Hamilton of Rochester and stated that eventually they would like to have the lakes connected and they want to cooperate in the connection and that they would give the City the 25 feet of land so that the connection will be happening. Meantime, the proposed lake on the plat would remain private and the property will be marketed as private. Discussion was held by the Council on who would be responsible for the lake bottom and who would be responsible for liability at that time. Canfield moved, Petersson second to adopt Resolution 383-91 approving the plat with the nine conditions as listed on the Request for Council Action regarding the plat. Upon Roll call vote, Aldermen Canfield, Crawford, McConnell and Solinger voted aye. Ayes (4), Nays ( 3). Aldermen Hunziker, Petersson and President Selby. Motion carried. Having no further business, Canfield moved, Petersson second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. �_LZi�rcSc,.P� to Ci y Clerk