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HomeMy WebLinkAbout10-15-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3614 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - October 15, 1990 Agenda Item A-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, Solinger and Strain. Absent: None. McConnell moved, Bluhm second to approve theminutes of the Sept. 18, 24 and October 1, 1990 minutes. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Final Plat of Essex Estates Second.. Wishing to be heard.was Frank Kottschade of 5206 13th Avenue N. W. and is the developer. He stated that he accepted the staff recommendations and was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearii Hunziker moved, Solinger second to adopt Resolution No. 479-90 approving the plat. Ayes (7), Nays (0).Motion carried. B-2 A Hearing .on the 5' utility easement of Lots 15,19 and 20, Blk 3 of Cimarron llth. This is along the west side of the said lot 19 and alg the east sides of lots 15 and 20. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, McConne' second to adopt Resolution No. 480-90 approving the vacation. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Concept Planned.Unit Dev. by Donald Soderberg to be known as Cheval Estates. Wishing to be heard was Ronald Bailey of Yaggy Colby representing the applicant. He went over the conditions as set forth by the Planning and Zoning Commission and was in favor of the six conditions. He stated that.they would prefer an existing portion of Cheval Lane N. E. which was recommended to be widened to 18 feet to remain at 14 or 16 feet. This would be low density and low traffic volume and that is all the feet they need. This would be considered as more of a private drive then a street. Alderman Canfield stated that 8-proposed homes are a lot of homes to accomodate a "private drive". Alderman Hunziker., was concerned about the drainage in the area. He was informed that the drainage plan would be submitted. Wishing to be heard in opposition was Ross Torgerson of 214 Rivercourt N. E. and stated that he is. concerned about the drainage and they do not want the road widened because of potential noise and increased traffic. Freda Russell of 222 Rivercourt N. E. was also opposed because of drainage and traffic. She wondered if anyone checked the develppers to see if they have a drainage plan and if anyone checks the builders to see if they are followed. Roger Plumb, Public Service! Director stated that the de_veloper.sare required to submit a drainage plan, but -that the builders are not checked to see if that phase is followed. The City is not responsible to check the builders. lso opposed to this PUD for the same reasons as 1`isted above was Scott Blom of 208 Rivercourt N. E. and Don Winslow of 234 Rivercourt Jim Hinz of 210 Chevel Lane , Rafiek Khan of 136 Rivercourt , Kathy Hinz of 210 Chevel Lane and Brent Denhartog of 310 Rivercourt Lane N. E. , Glen Pearce of 310 Riverlane N. E.; Rochelle Denhartog of 3109 Riverlane N. E.; Patty Streiff of 202 Chevel Lane; Pat Nyland of 3100 Riverlane N. E.; Herbert Torgrimson of 214 Rivercourt N.E. 11 1 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - October 15,1990 Agenda Item B-3 Wishing to be heard again was Ron Bailey of Yaggy Colby and stated that a drainage plan will be submitted and all of Cheval Estates will drai-n to the south. Sewer and Water will be brought in from the west. The trees in the area will be saved by the minimized width of the road. He urges the Council to approve this with the conditions. Alderman Hunziker stated that these will be sold to individual builders a,nd is there something the Council(or someone) that can be done to monitor the drainage. Don Soderberg of 130 Chevel Lane wished to be heard and stated that he has submitted drainage plans and did try to control the area. However, builders put in houses and do not consider the water problem and how it will drain into the property. He is conscientious and will try to do a good job in the area. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Strain second to proceed with the project (PUD ) Concept Statement with the following conditions. 1. The existing portion of Cheval Lane N.E. should be widened to at least 18 feet to accomodate two-way traffic. 2. This area has a history of drainage problems. Because of this, anc the fact that the south end of the property is located in the flood plain, the applicant must submit a drainage plan for the area which will outline how the stormwater runoff will be managed. The plan should also include the location and elevation of the 100 year flood plain. 3. The homeowners documents should address how both the new and exist portions of the private road, Cheval Lane, will be managed and control by the owners..This document must also address the rights and obligations of the ownersof Lots 1,2,3 of Riverview Second Sub. with respect to .the use of Cheval Lane. 4. This area is a part of a larger area initiated for annexation by the City of Rochester under an Orderly Annexation agreement with Cascade Township. The Mn. Mun. Brd. reviewed this request at a public hearing in Feb. 1990, but has not yet issued an annexation order. The applicant should request that this property be considered separately from the other portion of -:the area under consideration. The property must be annexed before any final plans can be considered. 5. Specific bulk, density and location requirements to regulate the proposed single family land uses should be.provided with the preliminary plan. The plan should also address locational criteria for detached accessory buildings, decks, swimming pools and other accessory structures. 6. There is a 1.01 acre parcel of land located west of the PUD boundary which is owned by the applicant. With the creation of this PUD, this parcel will have no access; however, most of the parcel is flood plain. The pre. plan must address what will be done with this parcel. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed improvement - Project 6223-1-90 J 9166 San. Sewer and Watermain Ext. in 23rd St. N. E. from E. River Rd. to serve Lots 13 and 14 Christensen-Sehl Sub. and Others. Wishing to be heard was Leslie Hall of 331 E Riverview Hgts. He needs water but the report on the cost'is not acceptable to him. Roger Plumb Public.Services Di.r- stated that Lot.13 is $11,485. and Lot 14 $13,62E 3615 ng led RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3616 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - Oct. 15, 1990 Agenda Item B-4 Wishing to be heard was Vernon Grover. of 314 23rd St. N.E. and is oncerned about the project and the cost. aving Council discussion, and no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, Strain second to table this so that actual cost and the breakdown of the assessments that would be charged to the property owners can be secured. Ayes (7), Nays (0).Motion carried. B-5 k Hearing on the proposed assessments on Project No. 8901 J 9079 an. Sewer Ext. in Rocky Creek Dr: N. E. and No. Valley Dr. N. E. to erve proposed No. Heights East 5th plus Watermain in No. Heights ast 5th. Having no one present that wished to be heard, President elby closed the-hearing.Bluhm moved, McConnell second to adopt esolution No. 481=90 accepting the assessments. Ayes (7), Nays (0). lotion carried. B-6 Hearing on the proposed assessments on Project No. 7814-89 J 9109 rainageway and Trunk Sewer in Glendale First Sub. Having no one resent that wished to be heard, President Selby closed the hearing. olinger moved, Canfield second to adopt Resolution No. 482-90 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-7 Hearing on the Reassessment in Tongen and Cavalima Subdivisions. This is for Sewer and Watermain and plater Tower - Projects 8705-J 8996 xt. of San. Sewer and Watermain in 48th St. N..W.; Tongen Ave.; 51st ' . W. and W Frontage.Rd. TH 52 to serve Cavalima, Tongen and adj. land! h.is hearing proposes to reassess 8 lots..- Project 7703 I,II,III and V J 8475 NW Water Tower and Reservoir - Project 7301 and 7301A J 8476 W Sewer Dist. Trunkline. Roger Plumb, Public Services Dir. explained he project and how the. reassessments came to be. The reassessments ere a result from an appeal filed by the property owners and was takes o court. The property was appraised and the reassessments were a result of that appraisal. Wishing to be heard was Bob Mack of 4937 ongen Avenue and is opposed. He stated that this still exceeds the mount that benefited his property. Alderman Strain questioned Mr. lack that if he did not want to pay for the assessment who would. He tated that the rest of the taxpayers would pay. Wishing to be eard was Jack Bridges of 4819 Tongen Avenue and agreed with Mr. lack that this was still high. Also ageeing with Bob Mack and Jack ridges was Gene Matzke of 5020 Tongen Avenue: Ervin Johnson of 955 Tongen Avenue was in agreement - the reassessments were still o high. avid Goslee, Assistant City Attorney was present and explained the reassessment procedure. Having no one else present that wished to e heard, President Selby closed the hearing. Strain moved, Olinger second to adopt Resolution No. 483-90 accepting the assessmen. yes (6), Nays (1). Alderman McConnell voted nay. Motion carried. B-8 Hearing on the Reassessment in the following projects: 107-87 J 8952 -San. Sewer and Watermain to serve Golden Hill, Hilmer' ighview Acres and Toogood Plaza;These involved 22 parcels. Four of hich were eliminated at this time. Project 8006 J 8729 Water Tower nd Trunkmains to serve High Level Dist. S. W. �t. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3617 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - October 15, 1990 Agenda Item B-8 Rober Plumb, Public Services Director explained the project. Wishing to be heard was Betty Martinez of 510 17th St. S. W: and wondered what would happen to her reassessment because she was notified that her property was eliminated from this hearing. Carole Grimm, City Clerk explained that the appraisals were not in yet and her property was one of the four mentioned that was not included in the 22 parcels in this hearing. She would be notified when they are completed and a hearing will be set up at that time. Wishing to be heard was Dale Bass of 1744 4th Avenue SV W. and purchased propert, from Frank Sursley. He wanted.to find out more information on how the appraisals were handled. He is opposed to this amount. Doug Gregor, Acting City Attorney stated that the reason this is so large is that the property can be split. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 484-90 accepting the assessments minus the four that will be considered at a later date. Ayes (7), Nays (0).Motion carried. B-9 A Hearing on the Rochester Fire Dept. Relief Assoc. Consolidation withe PERA Police and Fire under Mn. Statutes, Chapter 353A. Wishing to be heard was Rick Lovett of 1116 Knoll Ct. and is a firefighter was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to.adopt Resolution No. 485-90 approving this consolidation. Ayes (7), Nays (0).Motion carried. C-1 McConnell moved, Strain second to approve the appointment of Brian T. Winters to fill the position of Detective in the Rochester Police Dept. effective Oct. 16, 1990. Ayes (7), Nays (0).Motion carried. C-2 Bluhm moved, McConnell second to approve the appointment to the Downtown Dev. District Adv. Board of Margaret Ellen Frye of 2519 NE Hadley Valley Rd. She replaces James Carroll and term runs until Dec. 31, 1982. Ayes (7), Nays (0).Motion carried. C-3 Strain moved, Canfield second to approve the following appt. to the Board of Park Commissioners of Charles M. Quigg ,:841 4th Avenue S. E. Term runs to June, 1991. Ayes (7), Nays (0).Motion carried. C-4 Solinger moved, Canfield second to approve the appointment of Mark D. Henderson of 1524 4th St. N. E. to the Zoning Board of Appeals with a term ending Sept. 1, 1993. Ayes (7), Nays (0).Motion carried. C-5 McConnell moved, Hunziker second to approve the appointment of Marie Wynne Miller of 921 3rd Ave. S. E. to the Human Rights Comm. with a term to expire May 1, 1991. Ayes (7), Nays (0).Motion carried. C-6 Strain moved, Bluhm second to approve the appointment of Richard C. Lueck of 943 20th St. N. W. to the Public Utility Board and the reappointment of Roger Toulouse of 1508 21st Ave. N. E. Mr. Lueck's term runs to June, 1991 and Mr. Toulouse has a term endin June, 1994. Ayes (7), Nays (0).Motion carried. 3618 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 = October 15, 1990 Agenda Item C-7 Solinger moved, Strain second to approve the appointment of George Ashenmacher of 1108 9th Avenue S. W:. and Tom Prendergast of 3510 Ogden Dt. N. E1 with a term for both to end May, 1992. This is. to the Building Code Board of Appeals. Ayes (7), Nays (0).Motion carried. C-8 McConnell moved, Hunziker second to approve the reappointment of James R. Hesse of 1837 18.1/2 St. N. W. to the Housing and Redev. Authority with a term ending June, 1995. Ayes (7), Nays (0). Motion carried. C-9 Strain moved, Canfield second to approve the reappointment to the Hous Board of Appeals of.David Busch of 412 18th St. S.E. for a term ending in April, 1992. Ayes (7), Nays (0).Motion carried. D-1 Wishing to be heard was Charles Benson regarding the 1% Sales Tax. Mr. Benson is opposed to'this tax and invited the Council to an informational meeting on October 25, 1990. D-2 Solinger moved, Bl.uhm second to adopt Resolution No. 486-90 referring the petition for Public Sewer and Water Extension to service single family residential lots 16,17, 18 and 19, Blk 2, The Aspens to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0). Motion carried. E-1 Bluhm moved, Canfield second to adopt Resolution No. 487-90 approving a contract with the McComb Group for a downtown market study and attitude survey in the amount of.$41,450.00:- $10,100 has been pledged by:the Mayo.Cli'nic with the balance being paid for under the Tax increments. Alderman McConnell is not in favor of this study. Ayes (6), Nays (1). Alderman McConnell voting nay. Motion carried. E-2 Strain moved, Solinger second to adopt the following resolutions as approved by the Rochester Public Utility Board: solution No. 488-90 approving a contract agreement with Road nstructors for construction of a watermain - The amount is $75,190.0 Resolution No. 489-90 approving a purchase order agreement with Electrical Mechanical Services, Inc. for a transformer in the amount of $31,648.00. Resolution No. 490-90 approving a.contract with Tri-State Drilling Inc. for Drilled Pier Foundations at the Silver Lake Sub. in the amount of $24,128.00. .yes (7), Nays (0).Motion carried. E-3 McConnell moved, Hunziker second to approve the following licenses and bonds: ing 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Adjourned MeetinglTNo .14ROctober 15', 4pESOTA 1 Agenda Item E-3 Request -from VFW Voiture of Rochester - 315 1st Avenue S. W. for an annual Gambling License for a period of Nova 1, 1990 thru Nov. 1, 1991. Request from Max's on Broadway 8 South Broadway for a dance on Halloween, Oct. 31, 1990. Request from Associated Mechanical Contractors, Inc. for a Master Plumbers License from Oct. 15, 1,990 to Dec. 31, 1990. Request from Douglas L. Jones, Route Z, Waseca, Mn. and Bill D. Hintz of 217 East Elm Waseca, Mn. for an Auctioneer's License from Oct. 15, 1990 thru Dec. 31, 1990. Request received from Hintz/Jones of Waseca for an Auction license for an Art Auction of 1517 16th St. S. W. Request received from ARC of Olmsted Co. for a raffle at the Gloria DE Lutheran Church in Rochester on Nov. 7, 1990. Ayes (7), Nays (0)..Motion carried. E-4 Solinger moved, Canfield second to approve the On -Sale Intoxicating Liquor license to Great Western Fair; Inc.. DBA The Smiling Moose at 1829 Highway 52 North for a period ending March 31, 1991. -Ayes-(7), Nays (0).Motion.carri.ed. E-5 Strain moved, Solinger second to'instru.ct the City Attorney to draft an Ordinance for adoption on the renewal of the following limousine franchises: Ambassador ; Gold Crown ; White Glove; Top Hat Partners and Classio Limousine. .Ayes (7), Nays (0).Mdtion carried. E-6 McConnell moved, Hunziker second to approve the Accounts Payable in the amount -of $895,327.37. List is on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-7 Solinger moved, Bluhm second to adopt Resolution No. 491-90 awarding the low bid of $188.70 per ton on aluminum sulphate. This was submitted.by Hawkins Chemical Inc..Total amount is $122,655.00. This is for 650 tons. This is used at the Water Reclamation Plant. Ayes (7), Nays (0).Motion carried .-- E-8 . Solinger moved, Canfield second..to instruct the City Attorney to prepare an 'amendment to the orderly annexation agreement and transmit it to the Cascade Township on the.Rochester Golf and Country Club_ Sec. 22, Cascade Township. Ayes (7), Nays (0).Motion carried. E-9 Strain moved, Canfield second to approve the Preliminary Plat known as Northern Heights East 7th Sub. subject to the following conditions 1. A drainage plan should be prepared for the entire.No. Heights East area. 2. Lots 32-39 Blk 1 and Lots 2-5 Blk 3 should be eliminated from this plat until sewer service is available. 3. The proposed downhill cul-de-sacs must be designed to the Public Services Dept. specs. 4. The name of Viola Dr. should be changed to a name which will not be so easily confused with Viola Rd. ■m RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3620 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - October 15, 1990 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 F-1 F-1 F-1 5., The land trade with the.Park and Rec. Dept. should be completed and the other requirements of the Parkland dedication Ord. must be satisfied. 6. A1.1 of the existing or abandoned wells on this property must be identified and capped and sealed according to the Olmsted Co. Health Dept. standards, prior to the final approval. " 7. Identify the potential dev. of Blk 2 and Blk 4 and apply for any necessary zone changes. 8. The final plat may not be considered at a public hearing until th annexation is final. Ayes (7), Nays (0).Motion carried. Canfield moved, Solinger second to approve the payment of $7,444.00 for acquisition of a storm sewer easement from Douglas and Diane Meyer in Lot 19, Blk 1 Sub.. M. Ayes (7), Nays,,-(0).Motion-carried. Bluhm moved, Canfield second to adopt Resolution No. 492-90 authorizi the closing of the Second Avenue Railroad crossing effective Nov.tl, 1990. Ayes (7), Nays (0).Motion carried. Hunziker moved, Bluhm second to adopt Resolution No. 493-90 adding Para (243) to Sec. B No Parki.ng..Zones of the Comp. Parking Res. as follows: (243) One Apache Lane S. W. from Apache Dr. east to the cul-de-sac , both sides, at all times. Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to adopt Resolution No. 494-90 and 495-90 declaring the costs to be assessed and ordering a hearing to be held on Jan. 23, 1991 on Project No. 8608 J 9083_- Basic Constructi in Baihly Heights 4th Sub. Ayes (7), Nays (0).Motioru:carried. Canfield moved, Bluhm second to adopt Resolution No. 496-90 awarding the low bid of Elcor Constructions in the amount of $125,985.00 on Project No. 5710-90 Phase I J 9151 - Trunkline San..Sewer Ext. from the Co. Club Manor Trunkline.at 3rd St. N. W. thru Manor Wood Lakes Sub.. to a pt. 80 Ft. my at the n line Lot 14, Blk 2, Manor Wood Lakes Sub. Ayes (7), Nays (0).Motion carried. An Ordinance- relating to the Limousine Franchises; providing for the issuance and renewal of the various limousine franchises, amending Sections 57.1.9,97.20,97.22,97.23 and 97.24. This is the Rochester Code of Ord. This was given its first reading. An Ordinance annexing approx 15.87 acres of land.located in part in the NW 1/4 of Sec. 32 and SW 1/4 of Sec.29 in Cascade Top. was given its second reading. Strain moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Rezoning to B-4 Gen. Bus. certain properties located at 452.11th Avenue N. W. ( Jack Prow ) was given its second reading. Bluhm moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion.carried. �e nment°in res b�ine�sa S(td^)ai ".v,� e11 second to adjourn 0off 4�oeM' n 7- 7-9 City Clerk CI-�6 6;�=13;8- 0;9-3;9-24;�, 1 I I