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HomeMy WebLinkAbout02-18-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 18, 1992 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and-Solinger. Absent:None. B-1 A Hearing on the proposed Assessment on Project No. 7804 - J 8631 Sanitary Sewer Pumping Station and Forcemain to serve portions of Green Meadows 2nd and Other Lands in Sec. 4 and 9 Rochester Township. (Against 1.5 Acres Hudson/Tuntland Property ). Having no one present that wished to be heard, President'Selby closed the hearing. Petersson moved, McConnell second to adopt Resolution No. 93-92 approving the assessment. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Proposed assessment on Project -No. 7804-2-85 J 8918 Trunkline San. Sewer alg Salem Rd. S. W. and County Rd. 122 from Green Meadows Pumping Station to Approx. 90 feet North of South Ln. Sec. 4-106-14 Against Hudson/Tuntland Property. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Canfield second to adopt Resolution No. 94-92 approving the assessment. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Proposed Assessment on Project No. 6257-83 J 8569 Construction of Water Tower and Booster Station and Connect. Tkmains to serve S. W. High Level Dist. N. of Salem Rd. S. W. and East of CSAH 122 - Baihly Tower against 1.5 acres Hudson/Tuntland Property. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Solinger second to adopt Resolution No. 95-92 accepting the assessments..Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Proposed assessments on Project No. 9012-90 J 9171 San. Sewer, Subdrain, Storm Sewer and Sewer Connection from East Line Foxcroft 2nd to East Ln. Hudson ( Tuntland:) Property. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved; Petersson second to adopt Resolution No. 96-92 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Application for Federal Transit Assistance. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No 97-92 accepting the assessments. Ayes (7), Nay.s (0). Motion carried. B-6 A Hearing on the Community Dev. Block Grant Program amending the Final Statements for the years 1990--and 1992. This would eliminate the HRA Urban Homestead, and Mn. Communities Program and Roch. Center for Ind. Living and add additional funds in the amount of $50,000. as -follows: $10,000 HRA Community EdLcation Program - $15,000. to Rochester Olmsted Community Housing Partnership Inc. and $25,000. HRA Blight Removal and Housing Program. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Proposed assessment on Proejct No. 9115 J 9205 - Reconstruction of the East-West Alley between 13th and 16th Ave. and 1st and 2nd St. S. W. Having no one present that wished to be heard; President Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 98-92 accepting the assessment. Ayes (7), Nays (0). Motion carried. :�l Agenda Item IB-10 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 18, 1992 A Hearing on the Land Subdivision Permit - Type III Phase II Applica- tion Preliminary Plat for Baihly Estates. Terry Adkins, City Attorne advised the Council on their'.options'for motions since this is a new policy on Preliminary Plats. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Petersson second to approve the Preliminary Plat subject to the 9 conditions as listed on the Request for Council Action and include the 10 conditions as listed making the findings of fact also included in the Request for Council Action. Ayes (7). Nays (0). Motion carried. A Hearing on the Proposed increase in license fee for Non-Intox. Liquor (3.2) beer. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Solinger second to instruct the City Attorney to adopt art Ordinance to adopt the new fee of $300.00 and decrease the wile license from $1,200 to $400.00 and include the beer license fee to be pro -rated. Ayes (7), Nays (0).Motion carried. A Hearing on the Appeal of the decision of the Zoning Board of Appeal'. to deny Temporary Conditional Use Permit by Patrick Ryan. Wishing to be heard was Patrick Ryan of 1793 36th Avenue S. E. Mr. Ryan urged the Council to approve this request and allow him to have parking in the vacant lot of 1017 West Center St. and 1027 West Center for one year. He stated that he has graveled this and would only use it for construction workers at St. Mary's and would be a monthly fee for this use. He stated that nearby establishments have parking in various areas and he would like to do the same thing. It would be just for a year and he would settle for 6 months at a time if the Council would like to review this at that time. President Selby questioned if he would be back in a a year to renew this and was denied: Mr. Ryan stated that he would take his chances on having it renewed if that was necessary after a year. President Selby questioned Mr. Ryan on how he would monitor this for payments, other people parking in there , etc. Mr. Ryan stated thi a neighbor would monitor this for him. Alderman Petersson questioned Mr. Ryan that if no parking would be allowed, what would he do with this then- Mr. Ryan stated that it would probably stay as it is. Alderman Crawford asked how many .cars would he park. He stated 15 cars would be allowed:in this space, but he would only park 12-14. President Selby asked Mr. Ryan about the parking for the units that are rehabilitated. Mr. Ryan stated that the 4 spaces for them would remain for them. Wishing to be heard was Cynthia Alrich of 19 llth Avenue N. W. She is opposed to this because it is not condu.cive to the neighborhoo( and does not want a parking lot due to the dust, etc. She also stated that they do not have the proper ingress and egress and a lot of people walk by this area and the danger of increased traffic to them as well as school children is another problem. Wishing to be heard was Mike Podulke of 1 llth Ave. N. W. He stated that the cleanup has not met satisfaction of the neighbors tt Agenda Item B-10 B-11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 33865 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - Feb. 18, 1992 He painted his house in the cold weather and as far as payment for parking of these cars, he does not feel that his fee a month will be feasible for Mr. Ryan. The way the grade is now, it is a mud pit when the weather thaws as the lot is lower then the street. He also stated that eight vehicles are already parking in the lot. Things are just not happening the way Mr. Ryan states that it does. Wishing to be heard was Jerry Mahony of 1019 lst St. N. W. and complimented Mr. Ryan for tearing down the houses and cleaning it up to the point that he has. He does not think- this should be a parking lot tho. He is not in support of this appeal. Wishing to be heard again was Pat Ryan - he stated that construction workers are people that come and get in their vehicles and move on they do not loiter as Ms. Alrich indicated they might. He invited the neighbors to come and see the houses that he rehabilitated and the cars that are not parking on his property are people working on projects for himself. He needs the parking revenue to help raise some money to help him on these projects. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Crawford second to uphold the decision of the Zoning Board of Appeals to deny the permit using the reasons as listed on the "Facts. of Findings" prepared by the City Attorney. After.further.Council discussion, vote was taken. Ayes (7), Nays (0).Motion carried. A Hearing on the Amended'Final Plan for Homestead Trails PUD R-38. Wishing to be heard was Art Swan of 201 Broadway Hall and represent- ed a group of homeowners in the area. He stated that 125 people are opposed to this amended plan. The people were assured when they bought into the area that the housing to be built would be duplexes. with attached garages. This PUD change would allow him to build a one family dwelling and detached garage. The style is not the same and i,t is not acceptable by the people in the area. Wishing to be heard was Gene Harnack of 736 Villa Ct. and reaffirmed the statement of Mr. Swan. This is not conducive to the neighborhood. He urged the Council to deny this request. Wishing to be heard was Dave Kirish and owns lots in the area. He stated that this proposed housing would be built at the entrance of this complex and that definitely sets the tone for the area. He would like to have the spirit of the neighborhood be kept as is and urged the Council to deny this request. Wishing to be heard was Robert DeWitz, Dev. of the area. He stated that single families were permitted in this area and they are with in the PUD stipulations in this request. He presented the types of single family dwellings that he could build in the area and one of the styles were similar to the houses that are in the area. He stated that single fam. dwellings with detached garages are allow- ed. He is going strictly by the rules and would be happy to work with the people affected in the area. He informed them six months ago that he would like to get together with them and at this point he does not know if this can happen, but he would be willing to meet with them yet. Alderman Solinger was concerned about the site plans and the garage situation. Mr. Ron Livingston, Planning Dept. stated that the six plans did not address the garages that is why the Planning Dept. recommended that plans for garages be include "C)�� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 18, 1992 Agenda Item B-11 Wishing to be heard was Vern Gerber of 752 Meadow Ct. S. E. and stated that all the people who live in the area want to have it remain in the same architectural design as they have. They need to have duplexes built' -.with the slant rooms, attached garages, etc. Wishing to be heard was Art Swan, Roch.Mn. and stated that an attached garage or detached garage does make a great deal of difference.to the looks of the neighborhood and that is what they want - the attached garages. Gene Harnack wished to be heard again and urged the Council to consider the wishes of the neighborhood. Having no further discussion or no one else wishing to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to deny the approval of the amendment and reverse the decision of the Zoning Board in its entirety. The City Attorney will draw up the Facts of Findings. Ayes (7), Nays (0).Motion carried. A-1 Crawford moved, Petersson second to approve the minutes of the Feb. 3, 1992 Council Meeting. Ayes (7), Nays (0).Motion carried. C-1 Petersson moved, McConnell second to approve the appointment of Howarc D.Seim to the position of Police Officer effective March 9, 1992. Ayes (7), Nays (0).Motion carried. C-2 Canfield moved, Crawford second to approve the apointment of Penny L. Micklus to the position of Police Officer effective March 9, 1992. Ayes (7), Nays (0).Motion carried. E-1, Solinger moved, Petersson second to adopt Resolution No. 99-92 supporting the proposed legislation which would allow Municipal Utilities to City Facilities located in the electric service terr.itor, of another electric provider. Ayes (7), Nays (0).Motion carried. E-2 McConnell moved.to approve -*.the Request of Energy Action Comm. to revi( RPU Energy Conservation Plan via letter written by Norm Erickson. This motion died for lack of a second. Solinger moved, Petersson second to deny the request. A1derman,Petersson stated that a lot of time from the staff of RPU would be spent answering questions that would not be necessary and the work is being done anyway. Alderman McConnell stated that no harm can come and her reason is no.reason for denial. It is noted that Rochester Public Utilities does have staff people doing this and they really don't need a formal committee at this point. Bob Pawelski of Rochester Public Utilities agrees it is not necessary. Ayes (6), Nays (1). Alderman McConnell voted,'nay. Motion carried. E-3 Petersson moved, McConnell second to approve the amendment of the parkland dedication requirement for Diamond Ridge III to permit and require the dedication of an additional 0.82 acres of parkland in the Diamond Ridge IV Plat. Ayes (7), Nays (0).Motion carried. E=4 Crawford moved, Hunziker second to approve the transfer of $650.62 of 1991 CCDBG Funds from dollar Home Program to CDBG Adm. Ayes (7), Nays (0).Motion carried. �w 1 1 Agenda Item E-5 E-6 E-7 WE E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3867 Adjourned Meeting No. 21 February 18, 1992 Canfield moved, Hunziker second to adopt Resolution No. 100-92 approving the sale of'324 South Broadway for $18,500. subject to the following conditions: 1. Execution of purchase agreements obligating the buyer to undertake improvements to the property in the approx. dollar value outlined in the proposal to the City. 2. Cash payment to the purchase price with closing to occur within 60 days of the Council approval of the sale. 3. Insertion of a restriction in the deed prohibiting the future use of the property for adult oriented entertainment uses as defined in the Rochester Zoning Ord. Ayes (7),.Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 101-92 approving a six month extension of the permit to close the alley behind the Holiday Inn Subject to the following conditions: 1. Barricading is limited to Fri., Sat. and Sun. nights between the hours of 7:00 P.M. and 6:00 A.M. 2. The Downtown Holiday Inn is responsible for the provision of the barricades and their replacement and removal. Ayes (7), Nays (0).Motion carried. Petersson moved, Solinger second to adopt Resolution No. 102-92 approving a resolution of the Public Utility Board for a purchase order with Graybar Electric for cable and conductor in the amount of $93,588.75. Ayes (7), Nays (0).Motion carried. Petersson moved, Hunziker second to approve the following licenses and bonds: On-Sale-3.2 Beer - D & R Star Pool Tourn. at Graham Arena - Fairgroun for March 29, 1992. Consumption and Display (Bottle Club) - D & R Star for above location. Gambling Premise - Roch. Elks Lodge - 1 day off site permit - Pulltabs at D & R Banquet - March 29, 1992.., Loyal Order of Moose Lodge - Annual Renewal 60 days waiting period is waived. Heating, Vent. and Air.Cond. - Burt's Housing Maint. - Roch.Mn. Master Installer - Kenneth Burton 716 14th Ave. N. E. Sewer and Drains - Tory Keefe Construction Road Constructors, Inc. and Shamrock Ent. all of Roch. Sidewalks, Curb and Gutter and Driveway Const. Tory Keefe Construction ( Cement ) Seavy-Barker Constr. Inc. - Grand Meadow, Mn. Schwartz - Heaberlin Const. - Rite Way Masonry - Claremont Mn. Shamrock Ent. (Asphalt). Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to approve the Transfer of the On - Sale and Off -Sale Non -Intox. Malt Liquor Lic. from Pamela Lindahl to Clayton D. Lyke for the East Side Inn located at 826 4th St. S. E. Ayes (7), Nays (0).Motion carried. S. Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 E-18 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 18, 1992 Petersson moved, Crawford second to approve the Accounts Payable (List on file with the City Clerk ) in the amount of $2,987,007.93. Ayes (7), Nays (0).Motion carried. . Canfield moved, Petersson second to adopt Resolution No. 103-92 authorizing the Mayor and City Clerk and Dir. of Fin. to execute a custodial agreement with Marquette Bank of Rochester appointing Marquette as its agent to hold for safekeeping the securities and oth( obligations in which municipal funds of the City of Rochester are or shall be invested and to perform certain services on behalf of Rochester relative to the investments as provided by the Agreement. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 104-92 authorizing the City Clerk to advertise for bids on March 9, 1992 at 11:00 A.M. for a combination snow casting and rotary blower for the Public Services Dept. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to adopt Resolution No. 105-92 authorizing the Mayor and City Clerk to execute an application for the Recreation Center Expansion Funds . Ayes (7), Nays (0). Motion carried. Petersson moved, Solinger second to adopt Resolution No. 106-92 approving the land exchange agreement between Michael Younge and Kay Younge and the City of Rochester for Arbor Glen Park. Ayes (7), Nays (0).Motion carried. Solinger moved, Crawford second to adopt Resolution No. 107-92 approving the Leave -of Absence for Brenda Burke of the Park and Rec. Dept. for April - June 1992. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to approve the -Petition to Annex by Ord. 12.58 acres of vacant land located in Rochester Townshi Ayes (7), Nays (0).Motion carried. No action was needed on the Land Subdivision Permit Type III Phase II Application - Preliminary Plat for Diamond Ridge Four. This is being scheduled for a Public Hearing on March 3, 1992. Solinger moved, Petersson second to adopt Resolution No. 108-92 approving the Agreement with Olmsted Co. for City Share of 37th St. N. W. between TH 52 and 37th St. N. W. Ayes (7), Nays (0).Motion carried. E-19 Crawford moved, McConnell second to adopt Resolution'No. 109-92 approving Supplemental Agreement No. 1 for the 41st St. Traffic Signals J 6363. This is in the amount of $1,639.00. Ayes (7), Nays (0).Motion Carried. L_ J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 386.9 1 Agenda Item F-1 F-1 F-1 G-1 G-2 Adjourned Meeting No. 21 - February 18, 1992 An Ordinance Amending and Reenacting Sec. 125A.082 of the RCO Relating to the License Fee for an On -Sale Non-Intox. 3.2 beer and Sec. 2 of Sec. 125A.085 relating to the proration of licenses Fees. This was given a first reading. An Ordinance Relating to Annexation of 12.58 Acres in Sec. 15 Rochest( Township was given a first reading. An Ordinance Amending Sub. 1 (D) of Sec. 125A.081 of Rochester Code of Ord. relating to the license Fee for an Intoxicating Wine License was given its second reading. Petersson moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. McConnell moved, Petersson second to remove the General Dev. Plan for Eagle Ridge from the table. Ayes (7), Nays (0).Motion carried. After Council dicussion, Petersson moved, Solinger second to adopt Resolution No. 110-92 approving the plan subject to the three conditions as listed on the Resolution. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to remove the Preliminary Plat to be known as Eagle Ridge Sub. from the table. Ayes (7), Nays (0). Motion carried. Petersson moved, McConnell second to approve this subject to the following conditions: 1. The Dev. provide a drainage report and a stormwater management plan for this dev. to the City Eng. for approval. 2. Outlot A as shown on the preliminary plat should be consolidated with another parcel of land. 3. The Dev. must provide a plan, acceptable to the RPU Water Dept. for the relocation of the existing watermain. All expenses incurred as a result of the relocation should be born by the dev. Once the watermain is relocated, the easement should also be vacated. 4. The plan shoul6 be modified to include any revisions made to the general dev. plan. This may include renaming 4th St. S. W. depending o :.#he decision of the Planning Comm.and Council. 5. The Dev. should coTtult with the Fire Dept. to ensure that the concerns outlined in the memo from the Fire Dept. dated Nov. 27, 1991 are met. Ayes (7), Nays (0).Motion carried. Having no further business Petersson moved, Crawford second to adjourn the meeting. Ayes (7), Nays (0).Motion carried, C er !r