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HomeMy WebLinkAbout04-17-19893292 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item A-1 B-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Canfield Hunziker, McConnell ( 7:35 ), Solinger and Strain. Absent: None. A presentation was made to the City by Bill Maleris of the Rochester Center for Independent Living. This honored the City of Rochester for support in the efforts of RCIL. President Selby mentioned the fact that tabled item G-3 would remain on the table and anyone concerned about this matter would not have to stay for the entire meeting. A Hearing on the Final Plat of Baihly Heights 4th Sub. Ron Bailey of Yaggy Colby Assoc. Rochester. He was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Canfield second to adopt Resolution No. 226-89 approving the plat. Ayes (6), Nays (0). Motion carried. Connell arrived. B-2 A Hearing on the Final Plan for PUD# 89 to be called Salem Point. Wishing to be heard was John Bass of 695 16th St. S. W. He is the developer and was present for any questions the Council may have. Roger Plumb , Public Services Director questioned the possibility having sidewalk in the area and where it would be put. Mr. Bass stated that it was brought up at the Planning Commission and any consideration for sidewalk at this time would be in the future. As of this time, a sidewalk would be going no place. r. Plumb stated that just grading a berm would help. Mr. Bass stated that if they would tell him where, he would be willing to work with the Public Services Dept. Having no one else present that wished to be heard, President Sebly closed the hearing. After discussion by aldermen, Canfield moved, Bluhm second to adopt Resolution No. 227-89 approving the plan with the following conditions: 1. A signed copy of a recorded easement granting right of access as shown on the PUD plans to this project across the land owned by Penz o the west be provided. This should be in hand before the City adopts the ordinance rezoning this property to a PUD and the road graded and gravelled before permits are issued for the construction of any residences on this property. . The final plat of the proeprty be completed before any permits o build structues on this property are issued. 3. The use of the 1,176 square foot building at the northeast corner site be limited to the following uses: 1. grounds maintenance building or -this adjacent projects; 2. Real estate sales office for this roejct and adjacent projects; 3. Professional offices. The signage tandards of the conventional B-la district should apply to any future ommercial use of the building which would desire signage. . The ordinance rezoning this property to a PUD district not be adopted until such time as the Mn. Municipal Board has completed he annexation proceedings by accepting the City's.annexation ordinanc )f the 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meetinq No. 30 - April 17, 1989 Agenda Item B-2 5.That an agreement be made between the developer and the Public Services Dept. for a grade. left for sidewalk up to the County bridge. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Application for a PUD Amended Final Plan for PUD- R-84 formerly called Rolling Meadows now to be called French Creek. Wishing to be heard was Ron Bailey of Yaggy Colby of Rochester, Mn. and represents the applicant and presented a plan of the area showing the location of the buildings, etc. that the Council had requested be done in the preliminary stages. He stated that the units were scaled down to 82. This was down from the mid 90's. The buildings went from two story 4 unit to 1 story 4 units and they were moved back. He urged the Council to approve the final plan. Alderman Solinger questioned the length of the driveways and Mr. Baihly stated that 20 feet are along the driveways. Roger, Plumb, Public Services Dir. questioned the fact that they did not have a drainage plan. Mr. Bailey stated that they have a 6 foot concrete line bottom and this is a part of the project. Alderman McConnell questioned if this is going to be built in stages? Ron Bailey stated that it will be built under two phases. Wishing to be heard was Tim Finscone of 1925 31st P1. N. W. He presen ed a petition from the neighborhood containing 143 signatures in opposition. He stated that he got these signatures over a three day period. He stated that it is too congested for this type of develop- ment. Wishing to be heard also in opposition was Brian Coleman of 905 33rd.St. N..W. ; Gene Frank of 3310 19th St. N. W.; Clare Mulman of 1853 33rd St. N W. ; Peggy Hass of 3410 21st Ave. N. W. A.W. Malcomson of 3421 20th Avenue N. W. The concerns of these people was the traffic increase, density of the project, and drainage. They are currently owner -occupied, but in the future, they were concerned about owners renting these units. They were not in favor of that concept either. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Solinger stated that this area has been of concern to him for a long time. He thinks this project seems feasible. It is scaled down, and since the property has been over -grown with weeds and generally looks bad, this project woul, improve the area. He stated that he only had one phone call regardin, this project and he thinks with three exits and entries to this project, traffic should flow smoothly. Having no further discussion, Bluhm moved, Strain second to adopt Resolution No. 227-89 approving this amended final plan. Ayes (6), Nays (1). President Selby voting nay. Motion carried. B-4 A Hearing on the Final Plat to be known as Baihly Woodland 8th Sub. Wishing to be heard was Dan Berndt, Attorney representing the S.W. Woodland Partnership. Mr. Berndt is located at 505 Marquette Bank Bldi, He stated that they do not want to plat the Outlot A at this time because the area won't be developed for two or three years. He does not want to build the road at this time and if the entire area was platted , then the road would have to be built. He would agree to having this platted and the road in place within three years. He woull sign an agreement to this. He stated that his request is within rights of the other subdivisions of the CIty . 3293 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 32941 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item B-4 C-1 C-2 C-3 E-1 E-2 E-3 Fred Suhler, City Attorney wondered why the clients could not ded- icate the road and treat it as an owner -contract? Mr. Berndt stated that this outlot has not been determined how many lots it may contain or how it will be developed. He does not want this piece of land considered at this time and stated that the City cannot dictate how many lots can be put into a sub. or outlot. Alderman Solinger questioned Mr. Berndt. Doesn't it cost more to plat a small piece of land by itself? Mr. Berndt stated that it would, however, four lots may turn into two and he would prefer to wait until they have definite plans for the area. Wishing to be heard was George Kerr, Attorney in Rochester for the people who own the property to the north. His concerns were that if a road was not dedicated, then this property that he is representi would be cut off. He stated that this road was included in the Gener Dev. Plan and that he urged the Council to have this road built withi two years so that a street would connect these properties. Mr. Berndt stated that they are not opposed to these properties being connected by a road, they just want to wait for three years to do it. Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, Strain moved, Bluhm second to approve the plat with the request that the Outlot A be platted, road dedicate within 30 months. Ayes (5), Nays (2). Aldermen McConnell and Canfiel voting nay. Motion carried. Resolution No. 228-89 was adopted. Bluhm moved, Strain second to approve the appointment of Edward S. Capek to fill the position of Firefighter in the Fire Dept. effective, May 2, 1989. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to approve the appointment of Charles J. Roberson to the position of Firefighter in the Rochester Fire Dept. effective May 2, 1989. Ayes (7),Nays (0).Motion carried. Strain moved, Solinger second to approve the appointment by Mayor Hazama of Randy D. Peterson to the Zoning Board of Appeals. Mr. Peterson's term will run to Sept. 1, 1989.Ayes (7),Nays (0).Motion Carried. Solinger moved, Bluhm second to approve the request for Community Development Block Grant funds for acquisition of a house from the Rochester Methodist Church. This is in the amount of $11,000. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 229-89 support ing the application of Kids Come 1st to the Initiative Fund/Challeng Grant Program. The principals of this partnership are Mr. Jeff Brown and Rick Hexum, Jr. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the following parking adjacent to Quarry Hill Liquor Store: 1. Restrict parking on 9th St. N E. on each side of the driveway and prohibit parking along the entire frontage of the business on 11 Avenue N. E. ig 11 n u 1 '�l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL, ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item E-3 2. The entrances should be designed to allow one to be used as an entrance and the other as an exit. The fence along 9th St. N. E. should be removed. Ayes (7),Nays (0).Motion carried. It is noted that these items are apparently at the discretion of the property owner. E-4 Discussion was held on the request for boulevard parking/ Parkview Estates Apartments. This is for property at 206 Third St. S. E. Mr. Ron Christinson represented the owner -and was allowed to speak. Mr. Christinson stated that the neighbors park on the boulevard and he would like permission to do so also. The Planning Dept. and Public Services Dept. have denied the request and do not promote the use. Discussion was held on the methods of parking that would help this situation. Hunziker moved, McConnell second to allow a one year temporary parking on the boulevard for this address only. Upon Roll call vote, Aldermen Canfield, Hunziker, McConnell voted aye. Ayes (3), Aldermen Bluhm, Solinger, Strain and President Selby voted nay. Nays (4).Motion did not carry. Solinger moved, Bluhm second to take no action. Upon roll call vote, Aldermen Bluhm, Solinger, Strain and President Selby voted aye, Ayes (4). Aldermen Canfield, Hunziker, and McConnellvoted nay. Nays (3). Motion carried and no action will be taken. E-5 Discussion was held on the request for annexation of property located at 1435,24th Avenue S. E. ( Dawn Kraling ). Virgil Andrist of 1437 24th Avenue S. E. does not want to come into the City. It has been suggested that since he would live on a parcel completely surrounded by the City that he be included in this annexation. Mr. Andrist was determined not to be annexed at this time. He is happy in the County and wants to remain there. Mr. Plumb, Public Services Dir. stated that Mr. Andrist experiences the benefits from the City such as Police, Fire,snow plowing, etc. Even if he did not receive sewer, water, etc. as benefits. Bluhm moved, Canfield second to initiate annexation of both the Kraling and Andrist parcels and refer this matter to the Planning and Zoning Commission for their recommendation. If Mr. Andrist can convince the Planning Commission to leave him out, then the recomm- endation would reflect such a decision. This matter will be discusses at the April 26, 1989 Planning meeting. Ayes (7), Nays.(0). Motion carried. E-6 Strain moved, Solinger second to reject the bids submitted for skyway signage and adopt Resolution No. 230-89 to rebid the project. This will be rebid on May 11, 1989 at 11:00 A.M. Ayes (7), Nays (0). Motion carried. E-7 Strain moved, McConnell second to adopt the following Resolutions as approved by the Public Utility Board: Resolution No. 231-89 approving a contract agreement with Thein Well Company Inc. for construction of Parkwood Hills Well No. 32 in the amount of $201,950.00. 3296' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item E- E-9 E-10 E-11 E-12 Resolution No. 232-89 requesting the week of May 1-7 as Drinking Water Week in Rochester, Mn. Ayes (7), Nays (0).Motion carried. Discussion was held on the request for installation of automatic sprinkler system in the basement of 24-26 Third St. S. W. This request came from the City of Rochester. It was noted that a violati of the Fire Code was being done at this location. Bluhm moved, Strai second to adopt Resolution No. 233-89 authorizing initiation of legal proceedings against Nysel, Inc. to obtain compliance with the Fire Code. Upon roll call vote, Aldermen Bluhm, Canfield, McConnell, Strain and President Selby voted aye. Ayes (5), Aldermen Hunziker and Solinger voted nay. Nays (2). Motion carried. Alderman Hunziker stated that he voted nay because they would have more time in order to accomplish this task before a court order is done. Alderman Solinger agreed and stated that lots of other buildings in the area were not included in this request. Bluhm moved, Strain second to approve the following licenses & bonds: Request received from the following: Sidewalks - Ty Brenson Construction, Inc. at 117 21st St. S. E.; Paul E. McCann, McCann Construction Company of 1929 50th Ave. S. E. Rochester, Mn. and Ken Yeadon, Tank Concrete of Route 2 Stewartville. Master Installer and Heating, Vent. and Air Cond. - Ronald Kocher of Northland Mechanical Contractors of New Hope, Mn. S:-gn Erection - Scott Macies of DeMars Signs of Nebraska. Sewer and Drain from Robert More of BMG Excavating , Kasson, Mn. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the transfer, of the On - Sale Wine License for Daikoku, Inc. to Nippon, Inc. DBA Sakura JapanE Rest. at 848 South Broadway. Ayes (7), Nays (0).Motion carried. Strain moved, McConnell second to approve" -the transfer of the On - Sale Malt Liquor from Daikoku Inc. to Mippon, Inc. Japanese Rest. on 848 South Broadway. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to approve the following requests: From the March of Dimes Birth Defects Foundations for a Walk-A-Thon on April 20, 1989 from 9-4. Request from the Rochester Methodist Hospi-,.tal for a foot race on May 6 from 9:45 - 11:45 A.M. at Willow Creek Jr. High School Request from the Rochester Track Club for a road race on May 20 at Essex Park from 8-9 A.M. Request from the Rochesterfest Committee for a college "Pill Hill" Historic Walking tour on Sat. June 17, 1989 from 1 P.M. to 5: P.M. n e '1� Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3297 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item E-13 Hunziker moved, McConnell second to approve the Accounts -Payable in the amount of $940,865.71 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-14 Strain moved, Bluhm second to adopt Resolution No. 234-89 approving the request for a Leave of Absence for Beth Broman -Recreational Therapist from June 1, 1989 to August 31, 1989. Ayes (7),Nays (0). Motion carried. E-15 Canfield moved, Strain second to approve the Preliminary Plat no. 89-10 of Cimarron loth Sub. with the following conditions: 1. That the developer should provide easements outside the plat north of 19th Avenue N. W. also west of 49 1/2 St. N. W. and west of 50th St. N. W. to address the Public Services Dept. concerns. 2. The 48 inch storm sewer north of 50th St. N. W. should be extended another 60 feet further to the north such that the point of discharge is north of the existing trunk line sanitary sewer. Ayes (7), Nays (0).Motion carried. E-16 Strain moved, Bluhm second to approve the Preliminary Plat 89-11 to b known as Thompson Ridge Sub. This is subject to the following conditions: 1. The angle of intersection of Thompson Lane and Baihly Hills Dr. should -be of a degree acceptable to the City Engineer. 2. Thb�downhill grade the end of Thompson Lane should be revised if necessary to the satisfaction of the City Engineer. 3. A drainage study should be provided if required by the City Eng. 4. Realign the sewer and water lines at the intersection of Thompson Avenue and Baihly Hills Drive to meet City requirements for deflectio from the centerline. Ayes (7), Nays (0).Motion carried. E=17 Hunziker moved, McConnell second to table the request for a vacation of a 13' utility easement located on Lot 2, Blk 1,Cordul Commercial Park and vacated Frontage Road. Ayes (7), Nays (0).Motion carried. E-18 Solinger moved, Hunziker second to adopt Resolution No. 235-89 appr ing the engineering -services to extend Sanitary Sewer to Northern Heights East5th Sub. -Project No. 8901- J 9079. This is with Yaggy Colby Assoc._ Roch. Ayes (7),Nays (0).Motion carried. E-19 Canfield moved, Solinger second to adopt Resolution No. 236-89 approving the Engineering services with Y aggy Colby Assoc. for Project Nol 8306-88 J 9073 - Sanitary Sewer and Watermain to Baihly Woodlands 8th Sub. Ayes (7), Nays (0).Motion carried. E-20 Strain mvoed, Hunziker second to adopt Resolution No. 237-89 approvii the engineering services of Yaggy Colby Assoc. on Proejct 8207-89 J 9078 - Watermain and San. Sewer Impts. in Proposed Meadow Hills 6tl Sub. Ayes (7), Nasy (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item E-21 E-22 E-23 E-24 E-25 E-26 E-27 E-28 E-29 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Bluhm moved, Canfield second to adopt Resolution No. 238-89 the engineering services by Yaggy Colby Assoc. for Project J 9080 - San. Sewer and Watermain Ext. along Co. Club Road Stuart Sub. Ayes (7), Nays (0).Motion carried. approve g 6202-3-8 of Solinger moved, Hunziker second to approve the request from the Mayo Foundation for an amendment to the revocable permit for parking ramp footing encroachments into public ROW at West Center Street and 5th Avenue N. W. this would allow a three foot encroach- ment into 5th Ave. N. W. and into West Center. Ayes (7), Nays (0). Motion carried. Solinger moved, Bluhm second to.approve the 40 foot driveway off We River Road N. W. Ayes (7). Nays (0).Motion carried. McConnell moved, Solinger second to approve the payment for extra work covered by Change Order No. 7 for Project J 4888 - North Yard Maintenance -and Pistol Range facilities - This is in the amount of $2,998.00. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 239-89 awa ing the contract to Westinghouse Elevator Company for Project 8215-9-89 J 2594 - Handicapped access impt. at the 2nd St. parking ramp. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 240-89 authorizing the City Clerk to advertise for bids on the following Project - 8306-88 J 9073 - San. Sewer and Watermain along the west line of Sec.10-106-14 from the west line of Baihly Hills Dr. to Baihly Woodland 7th sub. to 150 feet south of the NW corner of Sec. 10. Bids to be opened at 11:00 A.M. on May 12, 1989. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 241-89 author- izing the City Clerk to advertise for bids on the following project: 6256-88 J 9014 - Street Reconstruction and Widening on 16th Street S. E. from llth Avenue S. E. to 300 Feet East. Bids to be opened at 11:00 A.M. on May 31, 1989. Ayes (7),Nays (0).Motion Carried. McConnell moved, Strain second to adopt Resolution No. 242-89 authorizing the City Clerk to advertise for bids on the following project: 6256-89 J 9068 - Street Resurfacing and Concrete Curb and Gutter on 16th St. S. E. from 3rd Avenue S. E. to C.S.A.H. I. Bids to be opened at 11:00 A.M. on May 31, 1989. Ayes (7), Nays (0). Motion carried. Hunziker moved, Solinger second to deny the request to allow construe tion prior to completion of the annexation final plat approval for Bob DeWitz for Hunter Hills and Cimarron 9th Sub. This is also subject to owner contract approval. Ayes (7), Nays (0).Motion carries 1 Agenda Item E-30 F-1 F-1 F-1 F-1 G-1 G-2 G-3 H-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ���� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Bluhm moved, Canfield second to adopt Resolution No. 243-89 adopt- ing the Affirmative Action Plan effective March 16, 1989-March 16, 1991. Ayes (7),Nays (0). Motio carried.... An Ordinance Rezoning certain Property creating a PUD-R-95 and Amend. ing Ord. 1659 known as the Zoning Ord. of the City - Salem Point - was given its first reading. An Ordinance Rezoning certain proeprty to R-1 Lots 1,2, and 3 Blk 3 Goodings Addition ( former dance academy to be reconverted to a church)was given its second reading. Solinger moved, Hunziker secon( to adopt the Ordinance as read. Ayes (7),::Nays (0).Motion carried. An Ordinance annexing 2.01 acres in Cascade Township - Building in NW quadrant of intersection of 37th St. and E. River Road was given its second reading. Bluhm moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning to B-4 property (2.01 acres) in Cascade Town- ship -building in NW quadrant of inters-ertion of 37th St. and E. River Road was given its second reading-. Hunziker moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to remove the Preliminary Plan for Aspens Townhomes PUD-8412 from the table. Ayes (7), Nays (0). Motion carried. Solinger moved, McConnell second to refer this to the Planning Commission at the Preliminary Plan stage. Ayes (7), Nays (0).Motion carried. Alder4n.an Hunziker was concerned about the possible usage of 4th Street as a major street for the development. He does not think it is good and the people from the area --do not think so either. The proposed extension of Wimbledon Drive from Phase I Wimbledon Sub. to Aspens PUD i.s still to remain on the table. The Proposed project 6107-87 J 8952 San. Sewer and Watermain to serve Golden Hill, Toogood Plaza,and Hilmer',s High View Acres is to remain on the table. Strain moved, Canfield second to allow the City to spend $25,000. to help with the Dorothy Day House project. Ayes (7), Nays (0). Motion carried. Having no further business, Strain moved, Hunziker second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. a._ 3300 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 30 - April 17, 1989 Agenda Item Information - 1. Lawsuit in Olmsted Co. Dist. Ct. entitled - Nancy A. Moyer, Charles Arthur Moyer, Plaintiffs vs Jeanne Marie Crandall, City of Rochester, Olmsted Co., Mn. Defendants. 2. Complaint of Peoples Cooperative Powers Assoc. Inc. vs the City of Rochester regarding provision of Interim service to facilities known as B & F Truck Stop and Rochester Rent All.