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HomeMy WebLinkAbout12-10-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ��� CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 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. Bluhm moved, Strain second to approve the minutes of November 19,1990 Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Proposed Amendment to the Final Planned Unit Dev. B-54 ( Canterbury Inn Bed and Breakfast - 723 2nd Street S. W.) Wishing to be heard was Hal Henderson of Rochester, Mn. representing the owner - He agreed with the conditions that the Planning Commissio recommended and was present for any other questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, McConnell.second to adopt Resolution No. 519-90 approving the Amendment with the follow- ing conditions: 1. Written.narrative submitted by the applicant desc. the project should be revised to clarify that the office space on 2nd floor is to be used only for functions associated with the rest. business in the house and not for leasable space. It should be stated if the third floor apt. will be rented out or not. The Desc. of business does not desc. any outside dining area. 2. Complete site plan be, submitted correctly _ showing the location of all exist. or planned structures, walkways, driveways, parking spaces and landscaping. This should specifically . show the location of garbage storage containers. The garbage storage area should be suitably screened from adjacent properties to the north and east. Site plan documents must be prepared by a registered architect, eng. or surveyor as required by Sec. 64.401 of the zoning code. 3. Revised floor plans should be provided. At the very least the plan should be based on the architectural drawings already of record for the structure. The floor plans submitted by the applicant, which were used in previous considerations of this PUD, are inaccurate when compared to the building plans on file at Building and Safety All plans should be presented by the applicant_! to the Health Dept. and Build. and Safety for their review. 4. Submittal of a detailed parking management plan based on the best available figures for the actual parking demand anticipated by the rest. mgmt. This plan should address how and where the rest. patrons , employees , and building residents will park during normal peak lunch and dinner hours. The plan should address how patrons wil be directed to use on - site parking and how they will be made aware of the distant, off -site parking. Ayes (7). Nays (0).Motion carried. B-2 A hearing on the Zone Change Request 90-7 by Haven and Jeanne Hodge from PUD•R-11 to Bla. Wishing to be heard was Bill Griffith of 1500 NW Financial Center, Bloomington, Mn. He urged the Council to rezone this property. When this area was originally made a PUD, the percentage for commercial use was higher then it is at the present ( current zoning code ). He has this strip of land that is not part of Cedarwood Mall and would like to put up a building that contained offices, or a business of that nature. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON- COUNCIL CITY OF ROCHESTER, MINNESOTA ��` Adjourned Meeting No. 18 - December 10, 1990 Agenda Item B-2 Mr. Griffith stated that this land is not suitable for residential uses and would be perfect for commercial use. Alderman Solinger asked if this change would affect the mall and make the mall non -conforming to the regulation of PUD.'floor space for commercial. Mr. Haven Hodge, Owner said that it would affect the mall space, but that it would be short of the current 4% allowed commercial space - total land PUD at this time anyway, because when the mall was originally designed the percentage was 33%. He urged the Council to approve this as he really does not know what to do with this land. Wishing to be heard was Ann Madison of 4063 18th Avenue N.W. and lives next door to the mall. She is opposed to this change as the traffic in the area would increase and even with the traffic lights installed,,the noise is worse with cars starting and stopping. If anything is done, she would like to see the PUD amended vs the zone change. She said that PUD plans can't be ignored, and she was living there first. Mr. Griffith, Bloomington, Mn. stated that this proposal of a one story structure with a possiblity of three offices.would be compatible with the area and can handle this type of business. President Selby commented that the mall has a lot of stores that are empty. Why not put the proposed business desired in the rezoning in the mall area. Mr. Giffith stated that it boils down to retail ( which is what the mall is designed for ) vs business offices. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Solinger would like this area to remain under a PUD. Alderman Solinger also questioned Mr. Jeff Ellerbush about the statement that there was a B-la zone in the new Land Dev. Manual. Mr. Ellerbush responded " that the Council decided that they would like that instituted back into the Land Dev. Manual. Alderman Solinger was not aware of this.and thought the Planning Commission did not understand that the Council had not adopted this manual. Alderman Strain asked Mr. Hodge why this was not put thru as a PUD change. Mr. Hodge stated that hb�thought this was sold to Super Americ and they would go thru the changes. Also, Mr. Giffith-stated that if a change to the PUD was put before the Council for a change in anything, it would take three months to get approval vs the zone change. Alderman Canfield inquired from Jeff Ellerbush on the requirement •of feet for each of the changes - PUD Amendment vs zone change. Alderman Solinger questioned Mr. Ellerbush-on the fact "are any PUD's in the City in excess of 4 % . Mr. Ellerbush stated that we did have a few. Alderman Bluhm stated that he.thought anamended PUD is the way to go. Having no further discussion, Solinger moved, McConnell second to deny the request and refer this back to the Planning Dept. for a possible Amended PUD. Upon roll call vote, Aldermen Canfield, Hunziker, McConnell, Solinger and President Selby voted aye. Ayes (5) Aldermen Bluhm and Strain voted nay. Nays (2). Motion carried. 3634 Agenda Item B-3 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 December 10, 1990 A Hearing on the Amended Final Plan for PUD R-11 -( Candlewood ). Wishing to be heard was Mac Hamilton of Rochester, Mn. and is handling the management for this center (mall). He urged the Council to approve this request for expand the list of approved commerical uses in Cedarwood Mall such as billiards, selling sports equipment including cards, etc. He stated that this was unanimously approved by the Planning Commission. Alderman Solinger questioned if this would be open until 3 A.M., Mr. Hamilton stated that they would like to have it open for second shift employees to come in and enjoy pool, etc. So it could be. Wishing to be heard was Roger Springfield of 417 9th Avenue N. E. He stated that he would like to stay open longer, but would abide by the hours that the Council would allow. Wishing to be heard was Bob Patterson, Attorney, Rochester, Mn. and represents Mr. Springfield. Mr. Patterson stated that the need for a billiard parlor in Rochester is necessary. A lot of people are playing this type of sport and this place is the only one that has the large pool tables. He checked with the Pastor of Pax Christi church and he has no objection. Sales of Merchandise such as clothing and sports cards are a new addition to his -_ existing business. He urged the Council to approve this change. Wishing to be heard was Pat Scott of 4013 18th Avenue N. W. and is opposed to this change for use of billards. He stated that the area could become a hang-out for teenagers and would be a hazard to the neigh- borhood. Ann Madison of 4063 18th Avenue N. W. She is concerned about the 3 A.M. closing. She is basically opposed. Wishing to be heard was Robert Hale of Rochester, Mn. and plays on a pool league. He stated that if this was not an approved busines! in the Cedarwood Mall, leagues would have no place to.play pool - especially on a large type of tables. He urged the Council to approv( this. Alderman Hunziker questioned Mr. Hale on the frequency of his visits to the pool hall. Mr. Hale stated that he played almost every day. Alderman Strain asked if anyone else had large tables. Mr.. Hale stated that no one else has. Rec. Lanes did but they sold their tables. The following people wished to be heard and were in favor of the area being amended to include this type of business. Mike Miller of 868 11 1/2 St. S. W.; David Simond of 4510 Lincoln Lane N. W. ; Tom Diebold of 930 Northland Place N. E.; Craig Sheets of 1317 34th St. N. W.; John McDonald of 11 Northern Heights Dr. N.E. Also wishing to be heard was Robert Patterson,Attorney, Rochester, he stated that the applicant has made every effort to find a place in Rochester and has not been able to find anything available at this time. Alderman Solinger asked if he checked with every place. Mr. Patterson stated that they had. If they do not get this place, Mr. Springfield probably would go out of busines. Mr. McDonald questioned if problems occur can this place.be shut down. Mr. Stevan Kvenvold, City Administrator said they could be shut down if the PUD limitations allow the City to do so. Roger Springfield, Rochester wished to be heard and stated that he will have a up -grade business and he would have people ,in the business on a per hour charge. This should eliminate any loitering 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 363 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990 Agenda Item B-3 He will have a smaller place so it will be easier to control. He will not have coin operated machines so he does not see a problem. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Hunziker asked Mr. Jeff Ellerbush if an amendment could be custom designed to safe -guard the City. Mr. Ellerbush stated that the City can propose our own performance standards and enforce them. Alderman Bluhm agreed with Alderman Hunziker - we need control. Alderman Strain and Bluhm also agree, but they want to have control. Canfield moved, Strain second to approve this Amended Final Plan for PUD R-11 with the following conditions: 1. That all stores be closed at midnight. 2. No alcoholic beverages or 3.2 beer be sold: 3. No coin operated video equipment or pool tables be allowed. 4. at 9:00 P.M. have at least two employees in the store. He was granted uses of direct sales showroom (ihc.sports cards) fitness center, aerobic centers, Karate schools and other similar to these uses. He is to have no more than 12 pool.tables and have one pool parlor in the complex. No video games will be allowed,in the billiard area. Ayes (6), Nays (1). President Selby voted nay. Motion carried and Resolution No. 520-90 was adopted. B-4 A Hearing on the Planned Unit Dev. ( Amended Concept Plan Phase) to be known as Samaritan Bethany Nursing Home. Wishing to be heard and present for any questions the Council may have was Paul Rengstorf, Executive Director of Samaritan Bethany, Inca Alderman Canfield asked if an attempt was made to buy the four remaining homes on the block. Mr. Rengstorf stated that they had tried to purchase those homes. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Strain second to approve this concept plan with the following six conditions: 1. New building must be set back from the st ROW line at least as far as the adjacent buildings. 2. Parking lot alg the w. side of the new bldg. must provide a 25' setback from the st.ROW lines. Must be landscaped. 3. Landscaping_must be provided along the w. sd of the new parking lot to screen it from the adj. dwellings. A.complete landscaping plan for the entire site must be provided. 4. An alleyway running E-W in this block between 7th and 8th St. N.W. This proposal locates buildings and parking areas on this alleyway so it must be vacated prior to final approval. 5. Applicant must provide a comlete legal-desc. of all of the land included in the PUD. 6. The day',,care and kitchen addition must be setback at least 5' from the public alley and the loading space must be redesigned so that it does not utilize any portion of the public.ROW. 7. Signage plan be provided., 8. Sidewalk must run thru the driveways. Ayes (7), Nays (0).Motion carried. 3636 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990 Agenda Item B-5 A Hearing on the Zone Change request 90-8 by Ty and Richard Truax from the R-1 ( Single Fam.) Dist.to the M-1 Light Ind. Dist. Wishing to be heard was Gloria and John Derovin of 4215 St. Bridget Road, Roch.Mn. They stated that water drainage was a real hazard in the area. Jeff Ellerbush of the Planning Dept. stated that the culvert is not big enough to handle all the water during a storm. President Selby stated --that there should be a grading plan in the process because a new store in the area would make flood• ing easier. Wishing to be heard was Jeff Sorenson of 4225 St. Bridge Rd. and stated that the area is much lower and always has water in it. He stated that all the fields around the area drain and making the culvert larger would only flood someplace else. Wishing to be heard was Harold Priebe of Rochester and lives in the area. He state) that the water problem has always been evident in that area. Wishing to be heard was Richard Truax , Applicant stated that he will have his engineer try to work on the water situation to see what can be done. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Bluhm second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Variance request by Daniel Paulious to allow the construction of a second story addition to a dwelling that would encroach into a front yard. Wishing to be heard was Dan Paulious of 811 7th Avenue N. W. and was present for any questions, Jane Kansier of the Planning Dept. stated that the DNR had not problems with this - since it is in the flood plain. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 521-90 approving the request. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Proposed 1991 Budget ( Continued ). Wishing to be heard was Charlie Benson of 2429 3rd Avenue N. W. and wanted to review a couple of items with Finance Director Paul Utesch. Upon given an explanation, no one else present wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resolution No. 522-90 and 523-90 approving the 1991 budget and certifying the 1991 property tax levy and adopt the 1991-1996 Capital Impr. Program. Ayes (5), Nays (2). Motion carried. Alderman McConnell'objected for the following reasons: 1. The LGA reductions may be much worse then presently anticipated. 2. Civic Center subsidy should be reduced. 3. Contingency fund is too high. 4. Subscriptions and Memberships are too high. 5. Travel, tuition and training is too high. 6. Council salary adjustment should have remained at the customary 4% instead of 4 1/2 % effective June, 1991. Alderman Solinger objected because of the addition of another Golf Course as proposed by the Park and Recreation Dept. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3637 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990 Agenda Item C-1 Strain moved, Soli.nger second to.approve_the following appt. to the Planning and Zoning.Commission of Dorothy J. Combs of 1103 7th St. S. W. and fill the term of Amy Caucutt running to Dec.1991. Reappointed to three year terms ending Dec. 1993 were Michael Fogarty, Jeff Thisius and Roy S. Rogers. Ayes (7),Nays (0).Motion carried. C-2 Bluhm moved, McConnell second to -approve the appointment of E. Kent Christian to the Human Rights Board term running to May 1, 1993. Ayes (7), Nays (0).Motion carried. C-3 Canfield moved, Bluhm second to approve the appointment of Marion Williams to the Music Board. She fills the unexpired term of Phil Henoch running to Jan. 1992, and Ardell Brede filling the unexpired term of Steven Prebelich - running to Jan. 1993. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the appointment of Mark Jasmi to the Building Code Board of Appeals. Term to run to May, 1992. Ayes (7), Nays (0).Motion carried. D-1 Strain moved, McConnell second to adopt Resolution No. 524-90 referring the petition for Reconstruction of a residential alley in Northern Addition ( Harvey M. Heibel and Thomas Sundry and Karen Winans)to the Public Services Dept. for a feasibility.report. Ayes (7), Nays (0).Motion carried. E-1 Hunziker moved, Bluhm second to adopt Resolution No. 525-90 stating the Council's recognition-- of the Charter amendment approve by the voters on Nov. 6, 1990 and that no further action will be taken on the 12 year term limitation recommended to the Charter Commission by the Council. Ayes (7), Nays (0).Motion carried. E-2 Bluhm moved, Canfield second to approve the transferring of $143,887 from the Future Construction Account (301-1990) to project 5720-90 (301-2233). This is the City's share of storm sewer and street work associated,with the construction of West Circle Dr. Ayes (7), Nays.(0).Motion carried. E-3 Strain moved, Hunziker second to adopt Resolution No. 526-90 approving the Supplemental Eng. Agmt. for J 6901 - Base Bid C - $1,214.00 for Ericksen-Ellison and Assoc. for additional night time insp. costs. This is with the Rochester Municipal -Airport. and $1,514.00 for Total supplemental Eng. agmt.for sub -consultant Palanisam and Assoc. for changing the overhead crane rails (300.00.) Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, Solinger second to adopt Resolution No. 527-90 executing the lease -purchase agreement with Grand Rapids- Itasca Ct . Airport Commission for a fire fighting vehicle in the amount of $25,000. Ayes (7), Nays (0).Motion carried. 3638 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990. Agenda Item E-5 E-6 E-7 E-9 E-10 E-11 E-12 Bluhm moved, McConnell second to adopt Resolution No. 528-90 approving the low proposal by Ford -Metro Glass for $5,678.00 to replace thermopane glass panels on the first floor of the Terminal Building in the amount of $5,678.00. Ayes (7), Nays (0) Motion carrie Strain moved, Bluhm second to adopt Resolution No. 529-90 approving Change Order No. 3 - with Alvin Benike in the amount of $1,645.00 and $2,590.12. These are for changes for the Service Building addn. at the Rochester Mun. Airport. Project AIP-3-27-0084-03. Ayes (7), Nasy (0).Motion carried. Canfield moved, Bluhm second to approve the agreements with the Rochester Airport Company for spreading digested sludge from the Waste Water Reclamation Plant. and with Trent Borgeson for planting and harvesting crops necessary to take up the sludge nutrients. Ayes (7), Nays (0).Motion carried. Resolution No. 530-90 was adopted. McConnell moved, Bluhm second to adopt Resolution No. 531-90 approving Dec. 24 and Dec. 31, 1990 as full day holidays for the Rcohester Public Utility. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the following licenses and bond Request from Semple Movers of Cannon Falls, Mn. to move a house from 418 36th Ave. N. W. to Cannon Falls. Request for a Heating Contractor's License from Assoc. Mechanical Contractors, Inc. of Shakopee, Mn. thru Dec. 1991 Request from Kevin Manske of Shakopee, Mn. and Clint Anderson of Lakeville, Mn. for a Master Installers license for a period ending Dec. 31, 1991.. Request from Glen Hermann of Rochester for an Auction for Rochester Rental AII..This was held on Dec. 1, 1991. ( Prior Council approval was given ). Ayes (7), Nays (0).Motion carried. Solinger moved, Canfield second to approve the issuance of an On - Sale Intoxicating and Sunday Liquor license to Willow Creek Golf Course from Jan. 1 thru March 31, 1991. Investigation fee is waived. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to approve the issuance of an On - Sale Wine License to Chardonnay Ltd. DBA Chardonnay at 723 Second St. S. W. Ayes (7), Nays (0).Motion carried. McConnell moved, Bluhm second to approve the issuance of a Limousine Franchise to John Martin, 1625 South Broadway for a period ending Dec. 31, 1993. Ayes (7), Na YS (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990 Agenda Item E-13 Canfield moved, Solinger second to approve the Accounts Payable in the amount of $13,279,871.10 - File is on record in the City Clerk's office. Ayes (7), Nays (0).Motion carried. E-14 Solinger moved, Bluhm second to adopt Resolution No. 532-90 approving the redemption and retirement in advance of maturity of $1,660,000 of the G.O. Tax Increment Refunding Bonds of 1983 callable at par on Feb. 1, 1991. Ayes (7), Nays (0).Motion carried. E-15 Strain moved, Hunziker second to adopt Resolution No. 533-90 closing the tax increment projects and transferring unexpended balances in the amount of $525,057.83. This is pursuant to the City Charter, Sec. 11.10. Ayes (7), Nays (0).Motion carried. E-16 Bluhm moved, Strain second adopt Resolution No. 534-90 authorizing Christmas Eve and New Years Eve as full day holidays for all employees not covered by current agreement. Ayes (7), Nays (0). Motion carried. E-17 Bluhm moved, McConnell second to adopt Resolution No. 535-90 approving the 1991 Cooperative Agreement with the City of Rochester Public, Services -Transportation Planning Services (ROCOG) Ayes (7), Nays (0).Motion carried. E-18 Strain moved, Hunziker second to instruct the City Attorney to prepare an Ordinance annexing 5.65 acres ( R.L. Hexum Jr.) - This property lies east of the present end of Fox Valley Dr. S.W. and Nly of Crocus Hill area. Ayes (7), Nays (0).Motion carried. E-19 Bluhm moved, Solinger second to adopt Resolution No. 536-90 approving the Metes and Bounds Conveyance of unplatted land in Rochester. Property located alg the E side of CR 151 N of Valleyhigh Dr. N. W. S. of IBM property. ( Marc Carpenter) Ayes (7), Nays (0).Motion carried. E-20 Solinger moved, Strain second to adopt Resolution No. 5`37-90 approving Para. XVII to Chapter N School Speed Zones to Comp. Traffi and Pkg. Res. to read - Rochester Central Lutheran.on 9th Avenue N. W. from Elton Hills Dr. to 28th St. N. W. Ayes (7), Nays (0). Motion carried. E-21 Canfield moved, Hunziker second to adopt Resolution No. 538-90 approving a contract with Leigh; Scott, Cleary, Inc. of Denver Co. for a Transit Dev. Plan at a cost of $49,750.00. Payment is contingent on Federal approval to shift the funds to cover the costs. Ayes (7), Nays (0).Motion carried. E-22 McConnell moved, Hunziker second to adopt Resolution No. 539-90 amen ing the City/County Agreement for CY1990 ZIPS increasing the County 's share by $5,000.00 for a total of $20,746.00. Ayes (7), Nays (0).Motion carried. 3640 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 18 - December 10, 1990 Agenda Item E-23 E-24 F-1 F-1 F-1 F-1 F-1 Bluhm moved, Strain second to adopt Resolution No. 540-90 approving a contract between the City and Community Education for sponsorship of ZIPS evening service. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second.to approve Development Block Grant Appropriations as HRA Rehab Program Adm. ARC Child Care Omnia SEMCIL Downtown Dev. Omnia ABC SEMCIL RAEDI Habitat for Humanity Bear Creek TOTAL Ayes (7), Nays (0).Motion carried. the 1991 Community follows: $190,000.00 20,000.00 14,500.00 29,500.00 28,500.00 8,000.00 26,500.00 5,000.00 12,500.00 9,500.00 25,000.00 14,000.00 17,000.00 400,000.00 An Ordinance Relating to Salaries of the Mayor and Alderman At Large and Aldermen for the City of Rochester ( 1991) was given its first reading. An Ordinance Rezoning property to M-1 Light Ind. ( Richard Truax) located near St. Bridgets Road - Sec. 26, T106 N R 14W. was given its first reading. An Ordinance Repealing Chapter 13 of the Code of Ord. relating to Boards and Commissions, which had provided for a limitation of number of consecutive years which City Board and Commission members may serve was given its first reading. An Ordinance relating to annexation of 5.65 acres of land in SE 1/4 of Sec. 4, Rochester Twp. was given its first reading. An Ordinance of annexing approx. 19.68 acres of land in SW 1/4 of Sec. 30, Twp 107 N. R 13 W Haverhill Twp was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes,(7), Nays (0).Motion carried. Having no further business, Strain moved, Bluhm second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk