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HomeMy WebLinkAbout06-17-1996RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17, 1996 4699 Agenda Item A-1 President Hunziker called the meeting to order at 7:00 P.M. with the following members being present: Councilmembers Evans, Marcoux, McConnell, Senjem and Stobaugh. Absent: Councilmember Hruska. B-1 A Hearing On Vacation Petition #96-4 by the Payne Company to vacate the existing utility easement located on Lot 9, Block 1, Rolling Greens 5th Subdivision. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 319-96 approving Vacation Petition #96-4 to vacate the existing utility easement located on Lot 9, Block 1, Rolling Greens 5th Subdivision. Ayes (6), Nays (0). Motion carried. B-2 A Hearing On Annexation By Ordinance Petition #96-9 of 19.89 Acres located in Section 17, Cascade Township. Bill Tointon, McGhie & Betts, representing the applicant, requested the Council to approve the annexation request and stated that he would answer any questions that they may have. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to approve the annexation by Ordinance Petition #96-9 and instruct the City Attorney to prepare an ordinance for adoption. Ayes (6), Nays (0). Motion carried. Mayor Canfield presented Jane Kansier with flowers on behalf of the City recognizing her 12 years of service with the City of Rochester. Ms. Kansier will be leaving on June 21 st to assume a position with the City of Prior Lake. Mayor Canfield stated that she has been instrumental in helping with the planning of our City; what is our loss is the City of Prior Lake's gain. B-3 A Hearing On Local Improvement Project No. 9609 (J-9379) "Trunk Watermain Construction from Northern Heights East Eleventh Subdivision to Additional High Level Storage Tower for the Northern Heights Area". Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 320-96 ordering Project No. 9609 (J-9379) to be made. Ayes (6), Nays (0). Motion carried. B-4 A Hearing on Land Use Amendment #96-2 and Zone Change Request #96-5 by Helen Eisenman. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4700 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17, 1996 Agenda Item B-5 Wishing to be heard was Bob Springer, 208 Fourth Street S.E., ,representing the applicant.. Mr. Springer pointed out that over one-half of the land is considered wetland and is not developable. Cascade Street was originally intended to be extended but now will not be. This will impact the available usage and sale for Ms. Eisenman. Wishing to be heard was Mike McConnell, 2622 Highway 52 North. Mr. McConnell lives directly South of the proposed development. He is opposed to the property being rezoned commercial; when he moved in 12 years ago he would not have done so if there were signs of changing the zoning to allow commercial. He also stated that when the Highway 52 corridor is completed, noise buffers are not going to be placed in front of any commercial business; thus, leaving him open to the noise. Wishing to be heard was Neil Whannel, 1811 Cascade Street N.W., on the cul- de-sac just East of the property in question. Mr. Whannel was concerned that if the property was zoned commercial, the risk would be present to extend Cascade Street to the frontage road. Wishing to be heard was Helen Eisenman, 2626 Highway 52 North, requesting the rezoning of the property. She stated that with the wetlands, she can't do anything but maybe a commercial developer could. Having no one further wishing to speak, President Hunziker closed the hearing. Terry Spaeth, Planning Department, told Councilmembers that the City has stated that there is no intent by the City to extend Cascade Street at this time but it could be done through application. Councilmembers discussed the possibility of dividing the property into two zones that would allow for commercial development (B-4) and leave the wetlands (R-3) as a buffer for the residential area surrounding the property. John Hartford, Planning Department, stated that it would have to remain wetlands at this time because there are no wetland replacement lands available. Councilmembers McConnell moved, Evans seconded, to remand the matter back to the Planning and Zoning Commission as to the portion of the property that is developable and that portion which is wetland. Ayes (6), Nays (0). Motion carried. Councilmembers Senjem moved, McConnell seconded, to amend the official street map'for Cascade Street N.W. Ayes (6), Nays (0). Motion carried. A Hearing on Final Plat #96-3 to be known as White Oaks Subdivision. Wishing to be heard was Bill Tointon, McGhie & Betts, representing the applicant, Dakota of Rochester. Mr. Tointon outlined the plat and the townhomes to be included in it. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17, 1996 4701 Agenda Item Wishing to be heard was Cary DeVan, 5220 Highgrove Lane N.W. Dakota of Rochester built his home in Kings Run. He stated that the builder has yet to finish a drainage ditch to the back of the property. The ditch is full of construction materials, high weeds, ice jams and is a general eyesore. Mr. DeVan noted that this is the third year without the problem being corrected.. Wishing to be heard was Cindy Johnson, Highgrove Lane N.W. Ms. Johnson had pictures available showing the condition of the drainage ditch; she noted that no grading has been done, therefore, they can do no landscaping of their properties. Don MacGillvray, Public Works, indicated that it was the City's understanding that a concrete ditch was to have been completed last year. Wishing to be heard was Roger Carlson, Partner in Dakota of Rochester. Mr. Carlson explained that they had a meeting last fall and an agreement that the ditch would be completed as soon as possible this spring. The area has been staked but because of the weather it has been impossible to do further work on the ditch. Wishing to be heard was Dora DeVan, 5220 Highgrove Lane N.W. Ms. DeVan said that the ditch was not staked until today (June 17th) because of the Council meeting and also that Planning and Zoning had told them that their permits would be withheld until the work was finished. Wishing to be heard was Kevin Johnson, 5327 Highgrove Lane N.W. Mr. Johnson felt that the direction of the ditch draining was wrong and was causing soil erosion on lots 4 and 5. Wishing to be heard was Bill Tointon, McGhie & Betts, stating that the staking of the ditch was ordered by Mr. Carlson approximately one and one-half weeks ago but a survey crew was not sent until Friday (June14). Also, White Oaks has to have all the grading completed before any building permits are issued. Wishing to be heard was Brian Newell, 4494 56th Street N.W., noting that he has severe water problems in his lot. Townhomes will be situated in the rear of his property; he is opposed to the townhomes and feels that his view of the Douglas Trail will be impeded. Wishing to be heard was Jan Andrews, 5705 45th Avenue N.W. She was concerned about the general makeup of the townhomes and the single family homes and what covenants are going to be required on each. Wishing to be heard was Cliff Carlson, 4486 56th Street N.W. Had never seen a plan for the townhomes and wanted to know if the plans now went through Planning and Zoning. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4702 Regular Adjourned Meeting No. 14 - June 17, 1996 Agenda Item Jane Kansier noted that only those persons within 200' of Phase I; they have ten working days from the date of the notice to request a hearing. If no hearing is requested, the Planning staff makes a recommendation to the Planning and Zoning Commission. Wishing to be heard was Joe Farrell, 4468 Durham Lane N.W. Mr. Farrell was concerned that 57th Street was going to be gravel and barricaded but as soon as residents started moving into the new subdivision the barricades would be removed and traffic would be traveling through North Park. Wishing to be heard was Mary Dangler, 4490 56th Street N.W., concerned about the drainage problems; i.e., the drainage ditch would be finished, the culvert would be put in. A condition was placed on North Park Subdivision by the Planning and Zoning Commission that the culvert would have to be put in before any houses would be put up; that condition seemed to have disappeared. Wishing to be heard was Bill Lund, 5711 45th Avenue N.W., located above Phase 2 of the subdivision. Homes will be located only 70 feet from his property line; he requested some type of buffer zone and also was concerned about the covenants for the homes. Wishing to be heard was David Morrison, 5717 45th Avenue N.W. Mr. Morrison was concerned that the water in the low areas would, indeed, drain down 55th Street as planned. He was also questioning why townhomes in front of the Douglas Trail. Having no one further wishing to speak, President Hunziker closed the hearing. Roger Carlson explained the make-up of the homes and Mr. Jerry Nelson the make-up of the townhomes. Councilmembers were concerned about possible buffer zones, the drainage ditch and the culvert being finished; it was stressed to Dakota of Rochester that these problems needed to be solved prior to any future developments that they may undertake. The developers agree that they would add in more than the required screening for a buffer between the townhomes and the single family homes in North Park. Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No. 321-96 Final Plat #96-3 to be known as White Oaks Subdivision with the eight conditions as recommended by the Planning Staff. Ayes (4), Nays (2). Motion carried. Councilmembers Evans and McConnell voted nay. Councilmembers Senjem moved, Evans seconded, to request the developer of Kings Runs to report back in one month's time to the Council either directly or through the Public Works Department on the progress of the Kings Run area. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA Regular Adjourned Meeting No. 14 - June 17 1996 4703 Agenda Item B-6 IA Hearing To Consider Local Improvement Project No. 7301-96 (J-9377) "Sanitary Sewer to Serve White Oaks Subdivision". Having no one present wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, Stobaugh seconded, to adopt a Resolution approving Project No. 7301-96 (J-9377) "Sanitary Sewer to Serve White Oaks Subdivision. Ayes (4), Nays (2). Motion failed on the needed 6/7th vote. Councilmembers McConnell and Evans voted nay. B-7 A Hearing On the Deletion of Route 6A from Rochester City Lines Regular Route Schedule. Wishing to be heard was Tony Knauer, Public Works Department, present to answer any questions the Council may have had. He also stated that Rochester City Lines requested to discontinue the route on June 18th, 1996 rather than June 19th, 1996. Having no one further wishing to be heard, President Hunziker closed the hearing. Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No. 322-96 deleting Route 6A from the Rochester City Lines regular route service effective June 18, 1996. Ayes (6), Nays (0). Motion carried. C-1 - Councilmembers McConnell moved, Stobaugh seconded, to approve the C-21 following consent agenda items. C-1 I Approve the minutes from the May 20, 1996 and June 3, 1996 Council meetings. C-2 I Approve the following licenses and miscellaneous activities: Gambling - Premise Permit Bear Creek Services at Knights of Columbus Gambling - Temporary Rochester Senior Citizens Services -raffle at Senior Citizens Center - October 12, 1996 and at Mayo Civic Center - September 26, 1996. Waiver of holding period. Sidewalk/Driveways - Asphalt Sackey Joles Asphalt Paving, Rochester Miscellaneous Street Use Rochester Track Club - women's running Race - July 20, 1996 Mayo High School - Homecoming Parade - September 27, 1996 r- - 4704 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ular Adjourned Meeting No. 14 - June 17, 1996 Agenda Item C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-15 C-16 Adopt Resolution No. 323-96 approving a Sound Amplification Permit and waiver of time restriction for Oberg 21 st Birthday Party at Bear Creek Park on July 4, 1996. Adopt Resolution No. 324-96 approving a Sound Amplification Permit and waiver of time restriction for the Rochester Post Bulletin fireworks display on July 4, 1996 at Silver Lake Park. Approve the Fireworks Display on July 4, 1996 at Silver Lake Park sponsored by the Rochester Post Bulletin. Adopt Resolution No. 325-96 approving a Sound Amplification Permit and waiver of time restriction for Carl Riess for the "Road to Jericho" concert at Central Park on June 29, 1996. Adopt Resolution No. 326-96 approving a Sound Amplification Permit and waiver of time restriction for the Diamond Ridge Development annual block party to be held July 13, 1996 on 44th Avenue N.W. of the 800 Block. Approve A Sound Amplfiication Permit for Evangel United Methodist Church for two annual Jubilee Jam concerts on August 11th and 18th, 1996 in the church parking lot. Adopt Resolution No. 327-96 approving a Sound Amplification Permit and waiver of time restriction for the Rochester Honkers Baseball Club's fireworks display on August 6, 1996 at Mayo Field. To be discussed at end of consent items. Approve Accounts Payable in the amount of $1,781,897.93. Adopt Resolution No. 328-96 approving Change Orders #1 and #2 in the amount of $2,321.09 to the Communications Engineering contract for City Hall. Adopt Resolution No. 329-96 approving Change Order #2 to the Benike Government Center Skyway contract in the amount of $8,366.47. Adopt Resolution No. 330-96 approving a revocable permit for a sun canopy at 321 South Broadway for Ross Furniture. Adopt Resolution No. 331-96 reassigning the lease for the Airport Restaurant known as the "Wright Stuff' from Mark Anderson to Tom Leonard and authorize the Mayor and City Clerk to execute the lease. Adopt Resolution No. 332-96 authorizing the City Clerk to advertise for bids for Project No. 6301-3-95 (J-2248) "Reconstruct/Rehabilitation 1st Avenue S.W. from 1st Street S.W. to 3rd Street S.W". 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17 1996 4 7 0 5 Agenda Item C-17 Adopt Resolution No. 333-96 authorizing payment for additional materials and work covered by Supplemental Agreement No. 3 for Project No. 6204-2-94 (J- 2230). - 4th Street S.E., 3rd Avenue S.E. to 11th Avenue S.E. C-18 I To be discussed at end of consent items. C-19 Adopt Resolution No. 334-96 adding paragraph (218.3) to Section B "No Parking Zones" of the Comprehensive Traffic and Parking Resolution Book to read: (218.3) Sixteenth Avenue S.E., on the East side, from Second Street to Fourth Street - At All Times. C-20 Adopt Resolution 335-96 approving a Sound Amplification Permit and waiver of time restrictions for the Rochester Golf and County Club and approving a Fireworks Display for July 4, 1996 at the Golf and Country Club. C-21 Adopt Resolution 336-96 approving a Sound Amplification Permit and waiver of time restriction for a live band on the patio at Rookies, 1201 South Broadway at Crossroads Shopping Center, on June 20, 1996. Councilmembers McConnell moved, Stobaugh seconded, to approve the above licenses and miscellaneous activities. Ayes (6), Nays (0). Motion carried. C-10 Councilmembers Stobaugh moved, Evans seconded, to approve the Fireworks Display for the Rochester Honkers Baseball Club at the end of their game on August 6, 1996. Ayes (6), Nays (0). Motion carried. C-18 Councilmembers Senjem moved, Stobaugh seconded, to table the Assessment Agreement on Project No. J-9377 "Extension of Trunkline Sanitary Sewer in White Oaks Subdivision". Ayes (6), Nays (0). Motion carried. D-1 Wishing to be heard was Jon Oviatt, 1414 Wilshire Woods Lane N.E., requesting the Council to reconsider Ordinance 3020 recently adopted permitting Bed & Breakfast businesses in newly built homes. Mr. Oviatt presented a petition from 52 residents in the Northern Heights East Six Subdivision opposing a Conditional Use Permit allowing a Bed & Breakfast in their neighborhood. Mr. Oviatt spoke of a commercial development that would increase the number of strangers and traffic in their area. The residents asked that an interim moratorium be adopted not allowing any permits to be issued until the matter is considered by the Planning and Zoning Commission. Terry Spaeth, Planning Department, noted that the Planning Department staff had originally recommended allowing B & Bs in new homes but it was not agreed to. Councilmembers Senjem moved, Evans seconded, to initiate an interim ordinance by referring the matter to the Zoning Administrator and Planning Commission. Ayes (6), Nays (0). Motion carried. ( Ir 4706 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17, 1996 Agenda Item D-1 E-1 E-2 E-3 E-4 E-5 E-6 E-7 Councilmember McConnell made note of the Public Hearing of the Cable TV Advisory Board on June 20th at 7:00 P.M. in the Council/Board Chambers. The purpose of the hearing is to take public comments on the cable television franchise (TCI) currently operating in the Rochester area. Councilmembers Evans moved, Stobaugh seconded, to aprove the appointment of Judy Scherr as City Clerk and establish her annual compensation at $52,000. Councilmember Senjem noted that this appointment should not mean that the door is closed on a possible consolidation or merger of the City Clerk's and County Auditor's functions in the future. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 337-96 entering into an agreement with Olmsted County transferring the parking ticket processing responsibility to the City Clerk's Office, deputizing the City Clerk staff as Deputy Clerks of the District Court, and authorizing one additional position and equipment to accommodate this responsibility. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Evans seconded, to approve the issuance of an On -Sale Intoxicating Liquor and Sunday Liquor License for the Rochester Airport Restaurant Company, Incorporated (Tom Leonard) DBA Wright Stuff from July 1, 1996 to March 31, 1997 at the Rochester International Airport restaurant. Ayes (6), Nays (0). Motion carried. Councilmembers Marcoux moved, Stobaugh seconded, to transfer the On -Sale Intoxicating Liquor and Sunday Licenses from the present Kahler Realty Corporation to the new Kahler Realty Corporation due to stock repurchase. Ayes (6), Nays (0). Motion carried. Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No. 338-96 approving a 3 percent decrease in electric rates effective July 1, 1996. Ayes (6), Nays (0). Motion carried. Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No. 339-96 approving the acquisition of 12.46 acres in the Homestead Addition from Independent School District No. 535, commonly known as Homestead Park, for the price of $66,000. Ayes (6), Nays (0). Motion carried. Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution No. 340-96 setting a public hearing for July 1, 1996 at 7:00 P.M. for the purpose of obtaining public comment on the proposed installation of a traffic semi-diverter on 12th Avenue S.E. South of 4th Street S.E. Ayes (6), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17 1996 4707 (Agenda Item E-8 Councilmembers Senjem moved, Stobaugh seconded, to adopt Resolution No. 341-96 awarding the contract for Project No. 9653 (J-6300) "Signal Modification at 4th Street S.E. and 13th Avenue S.E." to Winkels Electric of Rochester in the amount of $80,186. Ayes (6), Nays (0). Motion carried. E-9 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 342-96 authorizing the City Clerk to advertise for bids on July 10, 1996 for CBD Parking Lot Snow Removal. Ayes (6), Nays (0). Motion carried. E-10 Councilmembers Stobaugh moved, Evans seconded, to table the awarding of the contract for Project No. 7301-96 (J-9377) "Extension of the North Branch of the Northwest Trunkline Sanitary Sewer from 55th Street N.W. at the Douglas Trail to 57th Street N.W. and in 57th Street N.W. to the West Line of White Oaks Subdivision, Phase I". Ayes (6), Nays (0). Motion carried. F-2 An Ordinance Annexing to the City of Rochester Approximately 19.89 Acres of Land Located in the West Half of the Northwest Quarter of the Northwest Quarter of Section 17, Township 107 North, Range 14 West, Olmsted County, Minnesota was given a first reading. (South of 55th Street N.W., East of 50th Avenue N.W., West of Nicklaus Drive N.W.) F-3a An Ordinance Creating and Enacting Sections 60.328, 60.329, 60.3501, and 60.3502, and Amending and Reenacting Sections 60.310 and 60.350 of the Rochester Code of Ordinances, Relating to the Creation of New Zoning Districts For Land Recently Annexed to the City of Rochester.was given a second reading. Councilmembers McConnell moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-3b An Ordinance Amending and Reenacting Section 61.522 of the Rochester code of Ordinances, Relating to the Requirement of A Traffic Impact Report For Any Development Proposal That Utilizes An At -Grade Access Opening Onto A Freeway was given a second reading. Councilmembers Stobaugh moved, Senjem seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-3c An Ordinance Annexing to the City of Rochester Approximately 14.32 Acres of Land Located in the South Half of the Southwest Quarter of Section 19, Township 107 North, Range 13 West, Olmsted County, Minnesota was given a second reading. Councilmembers Stobaugh moved, Evans seconded, to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. (Bomgaars Property located West Side of CSAH 22, North and West of Viola Heights Drive N.E.) F-4 Councilmembers Stobaugh moved, McConnell seconded, to adopt Resolution No. 343-96 entering into an owner contract with Gramercy Park Cooperative of Rochester and Frana and sons, Incorporated for Project No. J-9366 "Extension of Sanitary Sewer and Watermain and Install Service Connections to Serve Gramercy Park Subdivision". Ayes (6), Nays (0). Motion carried. r, RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4708 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 14 - June 17, 1996 Agenda Item G-1 Councilmembers Evans moved, Marcoux seconded, to remove from the table the awarding of a contract for Project No. 9504-95 (J-9352) "Sanitary Sewer and Watermain in Riverside Drive N.E., Erin Court N.E. and 27th Street N.E. all in the Riverview Subdivision" and Project No. 6232-1-92 (J-9252) "Sanitary Sewer and Watermain Extension in 32nd Street N.E. - Morris' Second and Third Subdivisions". Ayes (5), Nays (1). Motion carried. Councilmember Senjem voted nay. Councilmembers Stobaugh moved, Marcoux seconded, to adopt Resolution No. 344-96 awarding the contract for Project No. 9504-95 (J-9352) and Project No. 6232-1-92 (J-9252) to Road Constructors of Rochester in the amount of $548,978.55. Discussion. Councilmember Senjem expressed concern that how we do the project is as important as when we do it. He asked if staff could work on the interest rate for deferred assessments to make it more attractive to those affected residents. Councilmember McConnell stated that the vote was very one-sided in the neighborhood and he didn't feel that waiting one or two years more would make much difference. Other councilmembers felt that the project was needed in the area and that if residents didn't want to pay the assessment, they shouldn't hook up to the service . They also requested Richard Freese, Public Works Director, to provide individual cost estimates for the project to Mr. Senjem. Mr. Freese noted that the estimates for the work would be possible but the estimates would not include the cost of capping the well and burying the sewer or the line from the street to each house. President Hunziker stated that he hope that by November the City would be able to look at the issue of interest on deferred assessments. Mr. Freese noted that another issue- is the large lot frontages calculation and how corner lots are to be treated. Ayes (4), Nays (0). Councilmembers McConnell and Senjem voted nay. Having no further business, Councilmembers McConnell moved, Stobaugh seconded, to adjourn the Council meeting. C�4yx City Clerk 1