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HomeMy WebLinkAbout12-08-1986RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2769 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20-- December 8, 1986 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M. the foll ing members being present: President Postier, Aldermen Allen, Bluhm, Hunziker, and Strain. Absent: Aldermen Canfield and Solinger. The call of the Special meeting was read by President Postier the same being called for the purpose of Conducting regular Council business - This was due to the absence of a quorum on December 1, 1986. Bluhm moved, Strain second to approve the mintues of the November 17, 1986 meeting. Ayes (5), Nays (0).Motion carried. B-1 A Hearing on the Final Replat of -Sunset Terrace.Sixth-Subdivision. Wishing to be heard was Carlton Penz of 1800 Hiawatha Ct. Mr. Penz stated that originally this was zoned for lots to be developed into condominiums. That idea did not sell so they tried to develop this land into apartment buildings. The market dropped out of that and now they would like to have this zoned back to the original zone which is single family dwellings. Wishing to be heard was Ted Klupman of 2038 16 1/2 Street N. W. and stated that he was in favor of this zone ( plat ). He was however worried about the water drainage in,the area. Mr. Roger Plumb , City Public Services Dir. stated that no actual sewer is located on Valleyhigh Drive. The outlet for water drainage is big enough, but it needs an actual line. Mr. Klupman asked if this line would be installed before the development was started. Mr. Plumb stated that it could possibly be considered for 1987 or 1988. Wishing to be heard was Warren Lenz of 1715 25th Avenue N. W. and is in favor of this zone for the plat. Having no one else present that wished to be heard, President Postier closed the hearing. Alderman Allen thanked all the people for working this out and coming to this hearing. Also thanked Mr. Penz for the action he took on this plat. Allen moved, Bluhm second to approve the replat with the following staff recommendations - the developer should be required to provide convenants and/or association documents that will be recor..:ded...:-b y the City with the plat. The documents shou address the responsibilities for maintenance of the private drives. The plat drawing should be revised to show controlled access along the front of Lot 1 and an opening in the access control as permitted by the County Engineer along the ROW in front of Lot 2. Ayes (5), Nays (0).Motion carried. Resolution No. 646-86 was adopted. B-2 A Hearing on the Vacation of North -South Aley - 1st St. to mid - block 24 ( adjacent to lots 7,8, 9 ) This is two alleys that lie imm- ediately south and west of the Zumbro Hotel. Wishing to be heard was Clem Springer of the Kahler Corporation 20 2nd Ave. S. W.He Urged the Council to approve this. He stated it was initiated in June of this year but they do not was to stall the Mayo Clinic project. Wishing to be heard was Gary Hayden , Engineer with the Mayo Clinic and is present for any questions the Council may have. Having no one else present that wished to be heard, President Postier closed the hearing. Hunziker moved, Allen second to adopt Resolution No. 647-86 approving the vacation. Ayes (5), Nays (0).Motion carried. 2770 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 Agenda Item A Hearing on the Planned Unit Development No. 86-7 to be known as "Wimbledon Hills". Wishing to be heard was Dennis Peterson of 2705.Brier Court S. W., Petitioner of the project. Mr. Peterson stated the project consists of 111 units over 62.16 acres of land. He presented pictures of the homes that would be constructed. Mr. Peterson stated that the Planning and Zoning Commission approved this concept and attached nine conditions which they can abide with. He stated that part of the project borders the County Club and some of the property borders 23rd Avenue S. W. Mr. Peterson stated that they are trying to work out another access other than 23rd Avenue. He stated that the people living on 23rd Avenue and 4th Street are bothered by the fact that this would be the only way to get in and out of the development. He will also provide recreatioi areas and safety shelters. He stated that the financing for the project is in order and that he has buyers for the property. Mr. Peterson stated that the water would come from the small water tower and they would pay the $50,000. needed to extend it to this area. He urged the Council to approve this. They have had the soil tested and figures the entire project should cost 1 1/2 million dollars. Alderman Strain asked Mr. Peterson if he is familiar with the nine conditions that was added by the Planning Department. Mr. Peterson stated that he was. Alderman Strain questioned the placemen of the storm shelters. Mr. Peterson stated that they would have a number of scattered shelters between the buildings for such a purpose. Each unit would not contain a separate shelter. Alderman Strain voiced his concern about not providing for shelters in each unit. Mr. Peterson stated that the market area reflects that it is not appropriate to have individual shelters. The Planning Department concurred that one building shelters have been used in many areas of the City. Alderman Strain maintained that shelters are important and wanted to encourage the use in this project. Mr. Peterson stated that they would work with staff to see if such a thing is feasible in this project. Alderman Hunziker stated that if one building is used for shelter, and the project is built over 62.16 acres of land, people would have to travel quite a distance to get to the shelter. He asked Planning how many blocks this involved. He was told that it is 4 1/2 to 5 blocks that would contain the actual buildings. Alderman Bluhm stated that over- reaction might be happening in the area of storm shelters. Alderman Strain feels that safety of the residents is top priority. Mr. Peterson asked President Postier if he could reserve time to return to speak before the Council after the neighbors spoke to the Council. He was granted that request. Alderman Hunziker questioned the cost of sewer and water to be put in this area. Who would pay for that service. Planning Dept. stated that it would probably be put in on 2nd Street S. W. It would go thru Folwell Drive and up 23rd Avenue and 4th Street S. W. Construction of roads would also have to be done. The neighbors or property owners would eventually be assessed for the improvements. Alderman Hunziker questioned the construction of 4th St. and would the neighbors be considered if this were widened. He stated that some of the homes are close to the street. Planning Dept. stated 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 Agenda Item B-3 that this area is outside of the City limits but that the road is assumed to have a 66 foot ROW. This width is appropriate. The major assessments for this project would be to assess each property owner and that no actual assessment would be paid by Wimbledon. Alderman Hunziker asked if this assessment procedure would become a problem like the one experienced in Foxcroft. Planning stated that a feasibility study would be made and it could be determined at that time. No further questions were experienced from the Council of Mr. Peterson. Wishing to be heard was Bob Cox of 2510 4th Street S. W. He lives adjacent to the property that Mr. Peterson wants to develop. They are opposed to this project and asked members of the audience who agreed with him in opposition to stand. Approximately 100 people stood in opposition. Mr. Cox contends that the areas should be developed with the same consistency as the area. He stated that the current area has 55 families living on 42 acres. In this development they would have 442 families living on 62 acres and a good part of the 62 acres is not buildable. 77% of the area is a green area so the number of families would be grouped in a small area. Riverview West has 138 units in 44 acres. He urged the Council not to approve this. Wishing to be heard was Bob Donahue of 2500 4th Street S. W. He stated that an environmental impact statement is required for a project this size and wants that furnished. He would like to see the area remain a single family area and urges the Council to help to maintain the integrity of the neighborhood. Bill Westwood of 211 23rd Avenue S. W. would like to have the Council consider the problems with the water drainage. He stated that the development would create many additional problems. They have a serious water problem at this time. During a normal to slightly heavy rain storm, the drainage ditch is full. He presented a video tape of the last couple of rain storms and it showed how the rain backed up in the ditch and roadways. Tony Ptacek of 2412 4th Street S. W. addressed the Council with the road safety in the area. He stated that the road has deep ditches on both sides and if this was regraded some of the road would be steeper then it is now. Two houses are really close to the road and this could create a hazard to them if the road was widened.. Additional traffic would become hard to handle. He urged the Council to allow 4th Street to remain a dead end street and would like to see Council give consideration to the safety factor of this project. Mike Sitzer of Rochester, President of the Rochester Golf and Country Club was present and would like to express serious concerns to this development. Since this is adjacent to the golf course he has a concern with the water runoff. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2772 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 Agenda Item Mr. Sitzer stated that this area of the Country Club golf course have a high level water runoff and if the area is developed and the area is subject to even more water runnoff then the golf course could have flooding problems. He urged the Council to consider this. Gary Grotebor of 606 Woodhills Ct. N. W. wished to be heard and is not involved with the project in sales, marketing or any phase of this project. He says the project is a good one. It offers homes in the area of $80,000. and more people could afford to live in the area. He is in favor of this if it is done properly. Mr. Dennis Peterson wished to address a couple of issues. One being the water problem. He stated that it can be taken care of by working with the City and visiting with the Engineers. He is also willing to work with the people in the area and the City Departments to try and satisfy the problem areas. Having no one else present that wished to be heard, Presidnet Postier closed the hearing. Alderman Bluhm asked the Planning Dept. if an environmental impact statement is needed. Planning Dept. stated that a worksheet is needed This has to be provided before the Final Plan is accepted. Alderman Strain was concerned about the storm water problem. Roger Plumb stated that he would recommend that a study be made of the water problem. Alderman Strain also wanted to know if a study will be made on the ingress and egress of the area and if alternative would be looked at. Mr. Plumb stated that this would be checked. Alderman Hunziker was concerned about the feasibility of the improvements that would have to be extended to the development and the cost of the improvements. He stated that he would not like to have the project shelved at some late date because of the assessments to the area.becoming so high that the project is not feasible. Mr. Plumb stated that a complete feasibility report will be made and should address Alderman Hunziker'sconcerns. President Postier stated that he would approve this only to get the project started and including the actual 9 recommendations. Having no more discussion by the Council. Bluhm moved, Strain second to approve the concept statement with the following nine conditions: 1. Relocate model units to maintain a 20' setback from any public street ROW. As shown on the plan these model units should be of a temporary nature because of their siting so close to the road and clo together. They could be moved to a final site in one of the later stages.. �e 1 Agenda Item 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 27? CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 2. The buildings on corners should be kept back 12 112 feet from the ROW line of public streets and not encroach in the "traffic' visibility zone" with the stru,>tu.r_e! or parking area in front of the . garage. 3. Each phase should provide at least 1.3 totally accessible off-* street parking spaces per unit in the phase ( this in fact is accomplished in most phases nowt:) 4. Storm water control facilities should be built as development occ in the affected watershed area. 5. A storm shelter plan be provided for the entire project and fac- ilities be put in place to provide the required shelter space for the occupants of each phase as development progresses. 6. The required condominium documents be drafted in such a way to insure that occupants of any phase share the rights to the entire open space and common facilities, not just the rights to use the facilities or open spaces in their specific phase or sub -association. 7. Follow the Public Services Department recommendation on private sanitary sewer lines in the development. 8. Submit at the preliminary plan stage all the necessary informatio as required for a preliminary plat for public street design , utility locations and storm water management. An adequate landing area at th intersection of the major street in the project at County Club Road should be provided ( a 50 foot stretch with a 2 -3 % grade at the intersection ). 9. Only the major street through the project from Country Club Road to 4th Street should be public. It should have sidewalk to City standards. Sidewalk on one side seems reasonable as shown. The staff sees no reason to prohibit all parking on this street. Parking could be provided on one side of the street above on top of the hill., All of the other service drives ( secondary roads ) in the project should be private as recommended by Public Services because all of the needed driveway openings exceed the maximum approach width of 28' on City streets ( 40' wide approaches are proposed ) and the overflow parking areas which parallel the streets as found in Phases I and IV would be located in the public. right-of-way. It is the intent to insure the staff consider the alternate secondary access off of Second Street as another recommendation. This would be an alternate other- than 4th Street S. W. Ayes (5), Nays (0).Motion carried. irs RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL �� CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8 , 1986 Agenda Item E-1 E-2 E-3 E-4 E-5 W. E-7 Bluhm moved, Strain second to approve the amending of the by-laws to raise the dues from $25.00 annual fee to $100.00. This motion also includes amending the by-laws to allow a by-law amendment to be adopted by 2/3 vote by mailed ballots. Ayes (5), Nays (0).Motion carried. This is for the Coalition of Outstate Cities whch the City is a member. Strain moved, Allen second to adopt Resolution No. 648-86 approving a $120.00 per year fee for fire alarm monitoring system. This is charged to all buildings on this system including the City owned buildings. Ayes (5), Nays (0).Motion carried. Strain moved, Allen second to adopt Resolution No. 649-86 approving a purchase agreement for the acquisition of 110 South Broadway. The purchase price is $109,198 for land and building - $4,802.00 for Immovable fixtures for a total of $114,000. The owner is entitled to a $10,000. relocation payment payable at closing. Closing must occur prior to Dec. 31, 1986. Ayes (5), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the payments as submitted by the Rochester Airport Commission. Estimate No. 4 to Joseph Construction Company for General Aviation Hangar Construction J 6923 in the amount of $59,269.55. Ayes (5), Nays (0).Motion carried. Allen moved, Strain second to approve the following licenses & bonds: Request received from the Rochester Swim Club, Incorporated for a raffle permit. Request received from The Greenway Coop Service Company for their application for a license to sell Cigarettes at retail over-the- counter at their new station at 1024 North Broadway. This was given prior approval by a poll of the Council. Request for a Gambling license submitted by St. Pius X Church located at 1315 12th Avenue N. W. Ayes (5), Nays (0).Motion carried. Bluhm moved, Strain second to approve the transfer of the On -Sale and Off -Sale Non -Intoxicating Malt Liquor Licenses for the Point After Bar at 2116 South Broadway and rename the property the South Side Saloon. Ayes (5), Nays (0).Motion carried. Allen moved, Strain second to approve the transfer of the On -Sale Intoxicating Club Liquor and Sunday Liquor and Cigarette Licenses for the Wm. T. McCoy Post # 92 from 17 North Broadway to 315 First Avenue N. W. Effective February 1, 1987. Ayes (5), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 Agenda Item E-8 Hunziker moved, Bluhm second to approve the use of sidewalks and streets for the AmVets to sell White Clovers on December 5, 6, and 7 1986. This was given prior approval by the Council. Ayes (5), Nays (0).Motion carried. E-9 Bluhm moved, Strain second to approve the Accounts Payable in the amount of $4,577,082.19. List is on file in the City Clerk's Office. Ayes (5), Nays (0).Motion carried. E-10 Bluhm moved, Hunziker second to adopt Resolution No. 650-86 awarding the low bid of Grossmans, Burnsville, Mn. for five patrol cars including the powers windows and door locks. Also including the low bid of Universal Ford for unmarked car with same options. The total bid for the five patrol cars is.$60,982.25 and the unmarked car $13,191.00. Ayes (5), Nays (0).Motion carried. E-11 Allen moved, Strain second to adopt Resolution No. 651-86 authorizing the City Clerk to advertise for bids for a force-feed windrow snow loader to be opened at 11:00 A.M. on -December 29, 1986. Ayes (5), Nays (0).Motion carried. E-12 Hunziker moved, Bluhm second to adopt Resolution No. 652-86 approving the Scuba Team Agreement which grants permission from landowners to dive on their property and also releases the owners from liability of accidents which may happen while training sessions are taking place. The Mayor and City Clerk are authorized to sign said agreements. Ayes (5), Nays (0).Motion carried. E-13 Bluhm moved, Strain second to adopt Resolution No. 653-86 requesting the Minnesota Ligislature to amend State Fuel Tax exemptions to include transit systems owned or contracted for by Cit.ies-: including contracting with private operators. Ayes (5), Nays (0). Motion carried. E-14 _Strain moved, Allen second to approve the revocable permit subject to the following conditions - This is requested by U.S. Auto and Marine located at 440 Hwy 14. Council discussed this and Alderman Hunziker questioned the location of the encroachment into the sewer easement. Could this be put in another area nearby? Mr. Dale Ragan of 4204 Co. Wood Dr. S. E. petitioner, stated that it would have to be put 2 feet into the sewer easement because of the design of the sign. Roger Plumb, Public Services Director stated that he would recommend that the sign foundation not encroach in the sewer easement due to possible future maintenance problems. Council discussed this problem and the.owner stated that if Council .approved the.encroachment he would pay for any repairs and maintenanc to the sign if a problem occurs. Vote was taken on the motion. Ayes (5), Nays (0).Motion carried.Resolution No. 653A-86 was adopted. E-15 Allen moved, Strain second to adopt Resolution No. 654-86 approving a supplemental agreement No.3 in the amount of $2,720.52 increasing project No. 6304-86 J 2146 Storm Sewer Relocation 4th Ave. N.W.-S.W. Ayes (5), Nays (0).Motion carried. This is for concrete paving. 2775 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 27`716 CITY OF ROCHESTER, MINNESOTA Special Meeting No. 20 - December 8, 1986 Agenda Item E-16 Bluhm moved, Allen second to approve the following Resolutions as submitted by the Rochester Public Utility Board: Resolution No. 655-86 approving a purchase order agreement with Midwes Utility Inc. for repair and refurbishment of RPU truck No. 19 not to exceed $30,978.00. Resolution No. 656-86 approving a Joint Funding Agreement with Dept. of the Interior , Geological Survey for the first year of a three year groundwater assessment study. The amount is to be $40,000.00. Ayes (5), Nays (0).Motion carried. F-1 An Ordinance Relating to the Floodway District; amending the Floodway Boundary and Floodway Maps adopted and Incorporated by Reference in Section 68.200 of the Rochester Code of Ordinances was given its first reading. F-1 An Ordinance Relating to Limousine Franchises ; awarding a Non -Ex- clusive Franchise for a period Through December 31, 1989; to Continental Limousine Service; amending the Rochester Code of Ordinances by adding a new Section 97.21 was given its second reading. Bluhm moved, Allen second to adopt the Ordinance as read. Ayes (5), Nays (0). Motion carried. F-1 Allen moved, Hunziker second to adopt Resolution No. 657-86 setting a day for a hearing on the vacation of that part of First Street S.W. lying between Blocks 24 and 31 , and Westerly of the east line of Block 24 extended northerly and Easterly of the West line of Blk 24 extended northerly; and , the Westerly 20 feet of that part of First Avenue S. W. lying South of the North line of Blk 24 Extended Ely and North of a line parallel to the North Line of Lot 1, Blk 24 and 35 feet South thereof, all in Original Plat of the Town - now City. The date for hearing is December 29, 1986. Ayes (5), Nays (0). Motion carried. F-1 Allen moved, Strain second to remove the Petition to vacate the East 1/2 of the North/South Alley and the East/ West Alley located South and west of the new Zumbro Hotel from the table. Ayes (5), Nays (0). Motion carried. Hunziker moved, Bluhm second to adopt Resolution No. 658-86 setting a hearing for December 29, 1986 on the vacation. Ayes (5), Nays (0). Motion carried. Having no further business, Allen moved, Strain se and to adjourn the meeting . Ayes (5), Nays (0).Motion carried Information Items City C e Notice of. Claims submitted and referred to the City Attorney and Finai 1. Esther Bawek ; 2. Mayme C. Shea 3. Acceptance of Req. for Variance of State Fire Code/Galaxy Motel 4. Letter from Dr. Jerry Narveson RE: Beer Lic. for Rec. Center Committee of the Whole minutes for Aug. 25, Sept. 15, Nov. 10 and 24, 1986. ce. 1