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HomeMy WebLinkAbout07-17-19893358 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Adjourned Meeting No. 5 - July 17, Agenda Item OF THE COMMON COUNCIL MINNESOTA 1989 A-1 President Selby called the meeting to order.at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Canfield, Hunziker, McConnell, Solinger and Strain. Absent: Alderman Bluhm. McConnell moved, Canfield second to approve the minutes of the July 5 and 10, 1989 meetings. Ayes (6), Nays (0).Motion carried. B-1 -A Hearing on the Petition for vacation of a 5 foot utility easement in Glendale Sub. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Strain second to adopt Resolution No. 465-89 approving the vacation subject to the condition that the easements needed by Westmarc, Communications are provided at this time or when the property is replatted.Ayes (6), Nays (0).Motion carried. B-2 A Hearing on the proposed project No. 7814-89 J 9109 - Drainageway and Trurk Storm Sewer Improvements in Glendale First Sub. Having no one present that wished to be heard, President Selby closed the heari McConnell moved, Hunziker second to adopt Resolution No. 466-89 approving the project. Ayes (6), Nays (0).Motion carried. B-3 A Hearing on the proposed vacation of a utility easement along Salem Road S. W. .adjacent to the Salem Point PUD. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, McConnell second to adopt Resolution No. 467-89 approving the vacation subject to the condition that a check has been received in the amount of $2,591.00 to the City. ( Note: Steve Kvenvold, City Adm. stated the check has been received.). Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the New Sidewalk.Project - Willow Heights Dr. S. W. (37th St. to 40th St. S. W. ) J 9111. Wishing to be heard was Patrick Sheehy of 3870 Willow Heights Dr. and.is a spokesman for the 30 homeowners who are opposed to this project. He stated that sidewalks will not be the .answer to the safety problem in the area. Traffic is the problem and a second access will take care of that problem. He stated at this time approx. 250 lots are served by one access. He stated that the kids play where they want to play and not necessarily on the sidewalks. They urge'the Council to deny this project. Wishing to be heard was James Williamson of 3826 Willow Heights S.W. He stated that safety should be the first factor. He runs and states that cars almost hit him. Kids do play in the street and he offers. the following suggestions: 1. Have a park and get the kids off the street. 2. Lower the speed limit or police it better. 3. Speed bumps can be installed. 4. Stop signs could be put in. 5. Another access road. 6. Sidewalks - good way for people to move and go to the areas where they want to ride their bikes. He stated that the citizens should consider safety vs cost of the sidewalk. He stated that getting to bus stops in the winter too, cause a problem in the street with heavy traffic in the morning. Alderman Strain asked our Traffic Eng. if sidewalk was being built on new homes in the area now. Mr. Rossman, Traffic Eng. stated they were IN RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3359 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 17, 1989 Agenda Item B-4 Wishing to speak in opposition was Mary Becker of 3931 Willow Hts. S. W.; Dan Gordon of 3751 Willow.Hts. Dr.; Denise Haefner of 3717 Willow Hts. Dr.; Walter Gardiner of 3719 Willow Heights Dr. S. W. Mr. Gardiner asked the people in the Council Chambers who came to the meeting how many people came in favor of this sidewalk. he had 8 stand. and approx. 30 against. Also wishing to be heard was Charles Ripple of 2006 17th St. S. W. and has children living at 3714 Willow Heights Dr. S. W. He is opposed and thinks a second access is the answer. Having no one�else present that wished to be heard, President Selby closed the hearing. After Council discussion, Alderman Canfield stated that a second access is planned for two or three years. In the meantime a construction access is used for the heavy trucks, etc. Alderman Solinger asked Mr. Plumb, Public Services Dir. how steep the grade was . Mr. Plumb stated that it is about the same height as Northern Heights Dr. and they have sidewalks. Having no further discussion, Canfield moved, Strain second to approve the project and adopt Resolution No..468-89. Ayes (6), Nays%(0).Motion carried. B-5 A Hearing on the Zone Change on property located at 2119 3rd Ave. S.E. from R-1 to M-1. Wishing to be heard was Jim Finley of�2119 3rd Avenue S. E. He stated that this is not a garage, but a building for his taxidermy business. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Solinger second to approve the request and instruct the City Attorney to draw up an ordinance for adoption. Ayes (6), Nays (0). Motion carried. B-6 A Hearing on the Conditional Use Permit by Jay_ Bagne. This is to be used in the Downtown area for a 123 unit apt. bldg. on propert, located between lst Avenue N. E. and 2nd Avenue N. E. and between lst St. N. E. and 5th St. extension. Wishing to be heard was Richard Dison of 1539 Wilshire Dr. N. E. and is the owner of some of the land being considered in this request. He does not want to have the parking area that he is using now for the businesses he has to be taken. He is opposed to this request. Having no one else present that wished to be heard, President Selby closed the hearing. It was noted that Jay Bagne was in favor of tabling this until the August 21, 1989 meeting. More information will be received by then and Alderman Hunziker mentioned the fact that testing was done for soil contamination and he wanted to know if any results were received from that. Having no further discussio Hunziker moved, McConnell second to table this until the August 21, /, 1989 meeting. Ayes (6), Nays (0).Motion carried. i B-7 A Hearing on the Planned Unit Dev. ( Concept Plan ) by U.S. Auto and Marine to allow boat storage on 4.97 acres of property. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. of Rochester. - and he urged the Council to approve this. He stated that they came back with a proposal under PUD whereby the City would have control of any future business that could go into the area IF U.S. Auto and Marine did not utilize the PUD in the future. 03360 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 -July 17, 1989 Agenda Item B-7 D-1 fia He said that the paging system is toned down and that the lighting in the area would be no factor, because for boat storage, no special lighting would be needed. Wishing to be heard was Gary Witt of 1409 5th Avenue S. W. and is opposed. Wishing to be heard was Terry Driscoll of 1403 4th Avenue S. W. He is against this and has been from the beginning. He does not want a part of U.S.Auto and Marine zoned different or treated different than the other part. They have the speakers on and the light in the business yard are bright and disturbing. He urged the Council, on behalf of himself and the neighbors, to deny this request. Wishing to be heard was Dale Regan, owner of U.S. Auto and Marine. He stated that the PUD is for boat storage only and would have no noise, no speakers and no motors running. He stated that the reason they went to a PUD concept was that the Council would have control over the use of this area and thought this would be acceptable -in the neighborhood. He has installed a stop sign and has tried to work with the neighbors. After Council discussion, It was noted by Mr. Regan that he would submit a letter to the City stating that no more speakers and light- ing would be installed. Wishing to be heard was John Carlson of 1672 6th Avenue S. W. and thinks the zoning law of R-1 should be upheld. Wishing to be heard was Nancy Driscol of 1403 3rd Avenue S. W. is opposed. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Canfield second to deny the request. Ayes (5), Nays (1). Alderman Strain voted nay. Motion carried to deny. Alderman Hunziker stated that this business has outgrown his lot and since it started as a small family business and now is a large scale business, this does not give him the right to infringe on a neighborhood. Alderman McConnell agreed with Alderman Hunziker. He stated that the neighbors are against this and he supports the neighbors. Alderman Strain stated that the man has given the City the right of controlling a PUD and thinks this would work for everyone. Alderman Solinger agreed with the neighbors and since there is such opposition, he would not vote for this. The request of Darrin Ferguson of 3853 Willow Heights Dr. to be heard was not done at this time because Mr. Ferguson did not come to the meeting. Requesting to be heard was Dana Scott Brunkhorst of 3714 First St. N. W. regarding an error which was made in the issuance of a building permit in the spring of 1987. Mr. Brunkhorst has been unable to obtain a building permit to finish off the basement of his residence. Mr. Brunkhorst wished to be heard at this time. He stated that he did apply for a building permit and was not told that this was in the floodway. Now, after his house is built, he wants to finish his basement. He found out that he cannot do it because of the location. (Approved by the Bldg. and Safety Dept.). 1 RECORD_OF*OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 336:1 CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 5 - Julv 17. 1989 Agenda Item D-1 He does not think this is fair because he would not have built in th area if he had known about the floodway. This error will incur heavy losses for him and he would like to have the City do something to help him. The Planning Staff of the City has indicated to Mr. Steve Kvenvold that FEMA - ( Federal Government ) may change the floodway boundarie within the next couple of weeks and we will be working on getting that information. When we do, the City can inform Mr. Brunkhorst at that time if the area will be eliminated from the floodway and he can proceed. Mr. Terry Spaeth of the Planning Dept. apologized to Mr. Brunkhorst for the inconvenience of this and will be getting information to him as soon as possible. No further action was taken on this at this meeting. E-1 Hunziker moved, Strain second to approve the designation of the Rivel bend Site as a Site for the City/County Government Center. Alderman McConnell is opposed to this. He thinks it is to much money and to commit the City at this time to anything will be a mistake. He would like to a referendum passed on this vital area. He is not in favor of bypassing the voters. Alderman Solinger stated that the County is making a good decision in taking this site. That is IF they have a buyer for the Court House. They have to build a jail. He can see the City naming this site as a perferred site, but committing to nothing.more. He would like to see the north side of the Riverbend site reserved for the City building. Alderman Strain.Thinks this is a good area and is in favor. Alderman Canfield. Stated that this is a good idea and is a good choice for a reasonable cost. He thinks this is just part of a good plan. Alderman McConnell questioned why no one is willing to put this to the people to vote on. Aldemran Strain stated that if this site is chosen, then he agreed, Ne area to the north be reserved for the City Hall ( Building ). =_Ayes (5), Nays (1). Alderman McConnell Nay. Motion carried. E-2 'Discussion was held by the Council on the revision to previous San. Sewer and Water Assessments Projects. After discussion by the Council Alderman Strain stated that in the past all areas of the Cit, had to pay for their fair share. He felt that this should continue. Alderman McConnell agreed. He has many calls stating that they paid for assessments in whatever other area and they think it is fair for others to do the same. However, the Golden Hill area shoul be handled differently because of the misunderstanding that occurred on the assessment appeals. Alderman Canfield agreed with Alderman McConnell. Alderman Hunziker wondered about the legal options and who would get refunds at this point. Fred Suhler, City Attorney stated that if the City opens up re- assessments for this, then other areas in the City would want the same treatment and this would amount to many court appearances and cases being opened. 3362 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 17, 1989 Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 M. Having no further discussion, Solinger moved, Strain second to continue our current assessment on improvements.. This was withdrawn. Strain moved, Solinger seconded to continue our current assessment policy and no retroactivity on assessments. Ayes (4). Aldermen Hunziker, Solinger, Strain and President Selby Nays (2). Aldermen Canfield and McConnell. Motion carried. Discussion was held by the Council on a Firearm Ordinance revision relating to Discharge of Firearms. Alderman Strain was concerned about the continued use of BB guns and Pellet guns. Alderman Hunziker stated that damage done by BB's is extensive - cars, houses and even children is happening. He is in favor of revising the Ordinance. Strain moved, McConnell second to instruct the City Attorney to draw up an ordinance regulating BB Guns and Pellet Guns. Ayes (5), Nays (1). Alderman Solinger voted nay. He thinks BB Guns should be allowed to be shot in the City.. Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 469-89 approving the contract, with McGhie and Betts, Inc for engineering services for construction of the Maint. bidg. addn. at the Rochester Municipal Airport. The amount is for $100,500.00. Ayes (6), Nays (0) Motion carried. Solinger moved, Strain second to adopt Resolution No. 470-89 approving the following recommendations by the Rochester Airport Commission: 1. Apply for Airport Imp. Project funds to modify and expand the Maint. Service Building and add add'1: airfield lighting (FAA Req.) 2. Sign a Resolution appointing the Comm. of Trans. as Agent of the City to request monies for•the project and adm. project paperwork. Ayes-(6), Nays (0).Motion carried. Strain moved, Canfield second to adopt Resolution No. 471-89 approvi a contract with Mn/DOT office of Aeronautics that specifies Maint. and Operation Standards for the Rochester Mun. Airport. Ayes (6), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 472-89 approving a resolution adopted by the Rochester Public Utility Board as follows: (.472) - approving a contract with MEC Construction for Willow Height Wellhouse No. 31 to include process piping in the amount of $121,594.00. Resolution No. 473- approving a contract agreement with O'Connor and Hannan, Attorney's at Law for professional Services in the amoun not to exceed $30,000. Ayes (6), Nays (0).Motion carried. Strain moved, McConnell second to approve the following licenses and bonds: Request from Cris Peterson of Peterson Concrete Service of 3731 College View Rd..for a license to construct cement and asphalt sidewalks, curb and gutter, etc. �s 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 17, 1989 Agenda Item E-8 Request received from Harvey and Mary Ratzloff of 2004 Viola Rd. for a House Moving permit of the middle of July or early part of Aug , 1989. Request received for;an Annual Gambling License from the Knights of Columbus Hwy 14 East. Request for an Over -The -Counter Cigarette License at the Radisson Centerplace Hotel. Request received from Michael W. Hinrichs DBA Mick's Backhoe and Blacktopping Service for a license to construct Asphalt Sidewalks Curb and Gutter and Driveways. Ayes (6), Nays (0).Motion carried. E-9 McConnell moved, Canfield second to table the request for a transfer of an On -Sale Intoxicating Liquor license / Olde Heidelberg Inc. DBA Bacchus Lounge until the Committee of the Whole. Ayes (6), Nays (0).Mtoion carried. E-10 Strain moved, Solinger second to approve the issuance of a On -Sale and Off -Sale 3.2 beer license to Carol Lee Engler for Carol Lee's Pub at 912 5th St. N. W. Ayes (6), Nays (0).Motion carried. E-11 Hunziker moved, Canfield second to instruct the City Attorney to amend the current Peddlers Ordinance to include driver's license, nar address and address of the organization on pertinent applications. Ayes (6), Nays (0).Motion carried. E-12 Solinger moved, Hunziker second to approve the amendment of the Ordinance on Animal Licenses to allow for three year rabie shots and licenses for cats and dogs with the fee adjusted accordingly. Ayes (6), Nays (0).Motion carried. E-13 McConnell moved, Hunziker second to approve the following Misc. Activities: Request from the Rochester Track Club for a Foot Race to be held August 26, 1989 at Slatterly Park from 7:45 A.M. until 10:00 A.M. Ayes (6), Nays (0).Motion carried. E-14- Canfield moved, Solinger second to approve the Accounts Payable ($877,152.19 ) -List on file with the City Clerk. Ayes (6), Nays (0).Motion carried. E-15 Solinger moved, McConnell second to adopt Resolution No. 474-89 and 475-89 ordering a hearing to be held on August 21, 1989 and ordering bids to be received at 11:00 A.M. August 16, 1989 on Project No. 6301-3-89A J 9115 - Streetscape Improvements adjacent to 201,212,216,220 1st Avenue S. W. Ayes (6), Nays (0).Motion carried. E-16 Strain moved, Hunziker second to adopt Resolution No. 476-89 approving the firm of McGhie and Betts, Inc. for Eng. Services on a Drainageway and Storm Sewer Improvements -"in Glendale First Sub. Project 7814-89 J 9109. Ayes (6), Nays (0).Motion carried. 3360 ��V_& RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 17, 1989 Agenda Item E-17 ME E-19 E-20 E-21 E-22 E-23 E-24 E-25 Bolinger moved, Hunziker second to adopt Resolution No. 477-89 apprc ving the execution of an agreement between the City of Rochester and Rochester City Lines. This is for four 1989 flxible buses. Ayes (6), Nays (0).Motion carried. Hunziker moved, Solinger second to adopt Resolution No. 478-89 modifying Sec. G One Way Alleys to read: 1. North Bound Alley in the 10 Blk bet. W Center St. and 2nd St. S.W Reverse the direction of the alley for the Galleria Loading dock. The portion from 2nd St. S. W. to the parking lot of the 100 1st Avenue Bldg. would remain 2-way. The portion from Center St. thru Michaels Rest. would remain 2-way. The segment from Michaels Pkg. Lot would become one-way S. Bound and would be closed daily from 9:30 A.M. to 6:00 P.M. Ayes (6), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resolution No. 479-89 approving Cascade Ridge and Bandel Hills Neighborhood Traffic Control Plan. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 480-89 and 481-89 declaring the cost to be assessed and ordering a hearing on August 7, 1989 on Project 6309-1-88 J 99015 Reconstruct San. Sewer in 9th Avenue N. E. from 3rd St. to 5th St. N. E. Ayes (6), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 482-89 and 483-89 declaring the costs to be assessed and ordering a hearing to be held on August 7, 1989 on Project 6300-N/S-87 J 8859 Broadway Reconstruction from 4th St. South to 4th St. North. Ayes (6) ,Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 484-89 ordering a hearing to be held on August 7, 1989 on an application fo CY1990 State Transit Assistance. Ayes (6), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 485-89 awarding the low bid of $119,289.75 to L.D.P. Construction Co. for Project 6305-3-89.J 2150 - Trunkline Storm Sewer in vacated 5th Avenue S. W. from 2nd St. S. W. to 1st St. S. W. and in 5th Ave. S. W. from lst St. S. W. to West Center Street. Ayes (6), Nays (0). Motion carried. Canfield moved, McConnell second to adopt Resolution No. 486-89 awarding the low bid to Winona Excavating in the amount of $219,811. for Project 7814-89 J 9109 - Ayes (6), Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No. 487-89 authorizing the City Clerk to advertise for bids on Project No. 6207-4-88 J 6352 - Widening and Resurfacing 7th St. N. W. at Trunk Highway No. 14. Ayes (6), Nays (0).Motion carried. Bids to be opened at 11:00 A.M. on Aug. 16, 1989. 17 I�I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA `'��� Adjourned Meeting No. 5 - July 17, 1989 Agenda Item E-26 Solinger moved, Hunziker second to adopt Resolution No. 488-89 authorizing payment for extra work covered by Supplemental Agreement N o. 2 in the amount of $1,734.93 for Sidewalk Project 4 - J 9043. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Rezoning property known as the Zoning Ord. of the City of Rochester to PUD -R-96 Hampton Rhodes Sub. was given its second reading. Strain moved, Solinger second to adopt the Ordinanc as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Relating to the Control and Discharge and Transportatio of Weapons; providing penalties, amending the RCO Sec. 85.13 was given its first reading. F-1 IAn Ordinance Rezoning property to M-1 Light Industrial - Garden Acres was given its first reading. F-1 An Ordinance Relating to Peddlers and Solicitations; providing that certain information be supplied to the City at the time a permit is applied for; amending the RCO Sections 112.03 and 112.04 was given its first reading. F-1 An Ordinance Relating to Animal Control; Providng for licensing of Dogs and Cats; providing for fees; requiring certification of Rabies vaccination; amending the RCO Sections 106.02 Sub. 2 ; 106.03 was given its first reading. F-1 Strain moved, Hunziker second to approve the owner contract for Basic Construction in Glendale 1st Replat and in Glendale Sub. Lots 1 and 2 Blk 1 Lots 1 thru 9 Blk 4 and Lots 1 thru 17, Blk 5 Glendale Partners Inc. Ayes (6), Nays (0).Motion carried. F-1 Hunziker moved, McConnell second to adopt Resolution No. 490-89 approving an owner contract for Watermain to serve Evanston Heights Student Housing Expansion; LaCross Investments Inc. Ayes (6), Nays (0). Motion carried. G-1 Canfield moved, McConnell second to remove the Project 6107-87 J 8952 San. Sewer and Watermain to serve Golden Hill , Toogood Plaza and Hilmer's High View Acres from the table. Ayes (6), Nays (0). Motion carried. Strain moved, Solinger second to proceed with the project under normal assessment procedures. Ayes (5), Nays (1). Alderman Canfield voting nay. Motion carried. Strain moved, Solinger second to reconsider the motion. Ayes (6), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 491-89 approving the assessments with the exception of the three properties of Southwood, Riess and Mericle Assessments. Ayes (5), Nays (1). Alderman Canfield voting nay. Motion carried. Strain moved, Solinger second to take the assessments.of the properties of Southwood, Riess and Mericle to the Committee of the whole for further information. Ayes (6), Nays (0).Motion Carried. 3366 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER,_ MINNESOTA Adjourned Meeting No. 5 -July 17, 1989 Agenda Item Having no further business Strain moved, Solinger second to adjourn the meeting until 4:00 P.M. on July 24, 989. Ayes (6), Nays (0).Motion carried. CITY CLERK Information Notice of Appeal to Dist. Ct. - Albert E. Bicknese - Ref. City Attorney, Finance and Public Service Dept. Notice of Claim - Valerie Lynn Knearl - Ref. City Attorney and Finance. Notice of Summons - Joseph L. Shark - Ref. City Attorney Information Items ( Additional ) 1. Committee of the Whole minutes 7-5-89 and 7-10-89 2. Petition regarding Sidewalk Project No. 3-1989.