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HomeMy WebLinkAbout02-20-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 B-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23- February 20, 1991 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 and Strain. Absent: Alderman Solinger. Bluhm moved, McConnell second to approve the minutes of the February 4, 1991 meeting. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Medical and Institutional Campus Special District Chapter 64D of the Zoning Code. Wishing to be heard was Phil Wheeler of the Consolidated Planning Dept. and he presented an overlay of the area and after numerous meetings with neighborhood groups, meetings with the Mayo Clinic staff, he presented six additional changes in the ordinance draft. With these changes the Planning staff would recommend adoption of the Ordinance approving the Medical and Institutional Campus Special District. Wishing to be heard was Bob Smoldt of 520 15th Ave. S. W. and is Secretary of the Mayo Foundation. Mr. Smoldt stated that Mayo staff has met with several neighborhood groups in the entire area of this proposed ordinance and held numerous open houses throughout the area. He stated that Mayo responded to the concerns of the neighbors. These items such as additional bufferyards, open parking areas including large parking ramps being built in the area _... was considered when the changes to the ordinance were made. He stated that he feels this turned out to be a better Ordinance and urged Council support. Wishing to be heard was James Dolan of 1235 2nd St. S. W. and 1231 2nd St. S. W. - Bell Tower Inn -Miller House Motel. He urged Council support for this new Ordinance. He stated that Mayo is vital to his business on 2nd St. S.W. They have been good to the City? Wishing to be heard was Bob Patterson, 801 3rd St. S. W. and owns property at 620 1st St. S. W. He is in favor of the Ordinance but would like to see one part of this changed. That is the area concerning the Transition Period.(Zone). This area affects the property owners in the fact that if land was sold or improved, in the Transition Zone, then the property owner would be hampered by this part of the Ordinance. In some cases Mr. Patterson stated it could be years before land is b6ught by Mayo and in that case they would be unable to function freely being included in that zone. He would like to see this looked at further. Phil Wheeler, Planning Director stated that he supported the Transition Zone being included as is. He stated that in most cases the land should be higher in value being in the "I" district. Mr. Wheeler also explained the setback. allowed in the"Transition and the general zoning of the property in the Transition zone. Wishing to be heard was Marge Patterson, 801 3rd St. S.W. and she stated that the buffer - Transition Zones need more study. .Wishing to be heard was Roger Daly of 503 4th Avenue S. W. and is a neighbor -of St. Mary's Hospital. He stated that he is happy with the Ordinance and he welcomes the sound of Mayo I and Mayo II ( Helicopter ) because he feels it may be saving lives and he can pu up with the noise in that case. He is supporting this Ordinance. n RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 36435 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 20, 1991 Agenda Item B-1 Wishing to be heard was Kevin Lund of 529 5th St. S. W. and stated that he appreciated all the information meetings that was held by the Mayo staff. He does agree, however, with Marge Patterson and urged more study on the Transitional Zone change. He would like to have the Green space allowance , helicopter pad area and the transition zone area removed from the Ordinance and considered for additional study. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Canfield was concerned about the building of a 66' parking ramp in the transition area. Mr. Phill Wheeler stated that no where in the transition area could a 66 foot parking ramp be built and additional green area was taken care of in the ordinance. Bluhm moved,. McConnell second to instruct the City Attorney to prepare an Ordinance for adoption with the six additional changes as presented by Phil Wheeler dated February 20, 1991. Ayes (6), Nays (0).Motion carried. B-2 A Hearing on the Zone Change from R-3 Med. Den. Res. to the R-1 Single Fam. Res. on 4.9 acres of land lying westerly of the Bandel Hills Sub. Having no one 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 (6), Nays (0).Motion carried. B-3 A Hearing on the Land Use Plan Amendment 91-1 from Commercial to Industrial and Zone Change request from B-4 to M-1 ( RV Sales and Service ). Wishing to be heard was Bill Tointon, McGhie and Betts Inc. Rochester, Mn. representing Jerry Asmussen, petitioner. He went over the various aspects of the request and urged the Council to approve these changes. Wishing to be heard was Terry Spaeth of the Planning Dept. and informed the Council that if this was to be approved, two separate motions would be needed. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Canfield second to adopt Resolution No. 61-91 approving the Land Use Plan. Ayes (6), Nays (0).Motion carried. Canfield moved, McConnell second to instruct the City Attorney to prepare an Ordinance for adoption regarding the zone change. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the Final Plat to be known as Cimarron 14th Sub. Wishing to be heard was Lauri Lovett of 1116 Knoll Land N. W. and 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, Strain second to adopt Resolution No. 62-91 approving the plat and subject to the conditions recommended by the Planning Staff as well as including the location of a unit mail box on 19-1/2 Avenue Lane. Ayes (6), Nays (0).Motion carried B-5 A Hearing on the Vacation by Weber and Barlow Stores to vacate the westerly end of 6th St. N. W. located in the 5th St. N. W. ROW just easterly of the Barlow's entrance. Having no one present that wished to be heard, Bluhm moved, Strain second to continue this RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3666 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 20. 1991 Agenda Item AN W. C-1 C-2 C-3 C-4 E-1 E-2 E-3 hearing. Ayes (6), Nays (0).Motion carried. It is noted that this hearing is NOT closed. A Hearing on the Application for Federal Transit Assistance. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 63-91 authorizing submission of the grant application and execution of subsequent contracts with the U.S. Dept. of Transportation. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the appointment by Mayor Hazama of the following members to the Library Board: Beatrice Stewart, 1535 Graham Ct. S. E. , Jill Beed, 4322 Manorwood Dr. N. W. and Paul Clavadetscher of 2722 5th Avenue N. W. Terms run to Jan. 1994. Ayes (6), Nays (0).Motion carried. Canfield moved, Strain second to approve the appointment by Mayor Hazama of DOnald Stuart Pady of 2055 Carriage Dr. S. W. to the Historic Preservation Committee - filling the position of Joseph McCoy. Ayes (6), Nays (0).Motion carried. Strain moved, Hunziker- second to approve the appointment of Trung Huynh Phan of 3820 19th Avenue N. W. No. 200 to the Human Rights Commission replacing Vinatha Madhavan whose term expires in 1994. Ayes (6), Nays (0).Motion carried. McConnell moved, Hunziker second to approve the appointments by Mayor Hazama to the Music Board as follows: Duane Sauke of 3948 Polar Lane N. W. - At Large Wayne Jorgenson - 1410 Woodland Dr. S.W. - At Large Terry Stewart of 2431 58th St. N. W.-Third Ward Dr. John Gisvold, 5086 Connemara Dr. N.E. Ex Officio. Terms will expire January 1994. Ayes (6), Nays (0).Motion carried. Bluhm moved, Hunziker second to approve the donation from the Masonic Lodge of Stewartville for purchasing 16 pagers to the Rochester Police Dept. for use by Emergency Response Unit. Ayes (6), Nays (0).Motion carried. Bluhm moved, McConnell second to adopt Resolution No. 64-91 setting a hearing for March 18, 1991 on the vacation of Parcels A,B, and C Manorwoods.Lake ( Robert DeWitz). This is contingent upon receipt of the conveyance in proper form of Mr. DeWitz's interests -in the 300 by 1700 strip and Parcel D. plus retention of easements for inplal utilities on Parcels A and B. Ayes (6), Nays (0).Motion carried. McConnell moved, Bluhm second to adopt the following resolutions as approved by the Rochester Public U,tjlity Board: Resolution No. 65-91 approving a contract agreemetn with Hathaway Tree Service for tree trimming in the amount of $75,000.00. :e 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3667 Adjourned Meeting No. 23 - February 20, 1991 Agenda Item E-4 Resolution No. 66-91 approving a five year contract agreement with Pride Professional Services, inc. for janitorial maintenance services. This contract is in the amount of $242,832.00. Resolution No. 67-91 approving a purchase order with Badger Meter Inc. for.one year supply of water meters for $110,125.00. Ayes (6), Nays (0).Motion carried. E-5 Canfield moved, Hunziker second to adopt Resolution No.67A-91 author- izing the initiation of legal proceedings against Mr. Robert Reynolds of 1017 and 1027 West Center Street and Forest Homes relative to substandard housing located at the above. This is due to the present danger. Ayes (6), Nays (0).Motion carried. E-6 Hunziker moved, Bluhm second to approve the following licenses & bond! Request from Rochester Golf and Co. Club for an Over-the-counter Cigarette License from Feb. 1 thru April 1, 1991. Request from St. Francis Church of Assisi for annual Premise for Gambling - from June 1, 1991 thru June 1, 1992. Request for an Annual _Dance License for the period of March 1, 1991 thru April 1, 1991 from Max's on Broadway - 8 So. Broadway. Request from American Legion Aux. Post 92 - 315 1st Avenue N. W. for their annual Poppy Day Sales on May 3 and 4, 1991. This is to be on the streets of Rochester and shopping centers. The following renewal licenses have been submitted: Auctioneer - (2) Paul Gathje and Lowell Gilbertson Sidewalk -Cement (2) M.A.Mortenson Co. and Schaefer Construction Signs (1). Mohr Advertising Service Heating Cont. (1) Solo Plumbing and Heating Master Plumber (1) Solo Plumbing and Heating Master Installer (1). James Alker Request received from Grafe Auction Co. Stewartville, Mn. for a public auction for the IBM Credit Union on Feb. 23, 1991. Request received from Chardonnay Ltd. 723 2nd St. S. W. for a Non -Intoxicating Malt Liquor license for the period of March 1, 1991 thru April 1, 1991: Ayes (6), Nays (0).Motion carried. E-7 Bluhm moved, C-Anfield second to approve the Accounts Payable in the Amountof $1',163,813.97. Ayes (6),.Nays (0).Motion carried. File is in the City Clerk's Office. E-8 Strain moved, Hunziker second to adopt Resolution No. 68-91 awarding the low bid of $61,380.00 for two dump trucks 31,000 GVW with boxes and hydraulics with Dave Syverson Truck Center for two GMC trucks. Ayes (6), Nays (0).Motion carried. E-9 Hunziker moved, Strain second to adopt Resolution No. 69-91 awarding the low bid of $48,541.00 to Mack Trucks of Rochester for one 52,000 GVW tandem dump truck, box and hydraulics. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3668 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 20, 1991 Agenda Item E-10 McConnell moved, Bluhm second to adopt Resolution No. 70-91 awarding the low bid of $82,882.00 for a Dresser 850 Motor Grader along with the optional 3-year 5,000 hr. extended power train warranty for $2,500.00.Ayes (6), Nays (0).Motion carried. E-11 The Lease Agreement - City Property @ 1925 48th St. N. E. was withdrawn from the Council agenda. This will be brought back at a later date. E-12 Bluhm moved, Strain second to approve the Preliminary Plat of Pine Ridge Estates 1st Sub. This is subject to the following eight conditions: 1. A revised copy of the preliminary plat should be submitted before it is presented to the Council which indicates the horizontal curve data for the roads in the plat, includes street plan and profile sheets for Woodcrest Lane S. W. and corrects the reference to C.R. 147 as noted by the County Eng. ( Rev. plans have been submitted ). 2. A decision on the feasibility report for sewer and water ext. to this plat should be made before this preliminary plat is considere for approval by the Council 3. A drainage report for the Pine Ridge Estates general dev. plan be submitted to the Planning and Housing Dept. and the Public Services Dept. as required by.the Council approval of the General Dev. Plan. 4. A grading and drainage and erosion control plan be sumitted . This land has some steep slopes and erosion control t::measures are a priority. These plans should be accepted by the City Eng. before the final plat is submitted. (a revised plan has been sub.) 5. The firm designing this plat should submit a letter addressing the potential groundwater contamination issues raised in the attached memo from Scott Fryer of the Health Dept. dated 1-25-91. 6. The parkland dedication requirements for this plat be met in the fashion recommended by the Park and Rec. Dept. in their memo of 1-30- 7. All nec:. easements for utility ext. outside the boundaries of this plat and for the area to be used for the temp. turnaround at the end of Ponderosa Dr. be prepared by the dev. and provided to the appropriate City Dept. before the Final Plat is considered for approval. Ayes (6), Nays (0).Motion carried. E-13 McConnell moved, Strain second to adopt Resolution No. 71-91 approving the Metes and Bounds conveyance of unplatted land by Wynnwood Co. 1811 Greenview Place S. W./ Rochester Golf and Co. Club. This is located east of CR 122 directly east of the Foxcroft N. Sub. Ayes (6), Nays (0).Motion carried. E-14 Strain moved, Bluhm second to adopt Resolution No. 72-91 setting a hearing for March 18, 1991 on Project No. 9100-91 J 9175 San. Sewer and Water Ext. to serve Pine Ridge Estates 1st Sub. Ayes (6), Nays (0).Motion carried. Included in this project will be underground services and will pay for this separately. The Dev. would like this done at the same time in order to,save money. The Public Services Dept. was in agree- ment with this request. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - February 20, 1991 Agenda Item E-15 Strain moved, McConnell second to adopt Resolution No. 73-91 approving the revised street opening charges effective April 1, 1991. Ayes (6), Nays (0).Motion carried. E-16 Canfield moved, McConnell second to instruct the City Attorney to prepare a revised Ordinance and withdraw the Ordinance that was prepared for the 1991 Truck Route. The new revised Ordinance will include 4th Street S. E. Ayes (6), Nays (0).Motion carried. E-17 Bluhm moved, Strain second to adopt Resolution No. 74-91 and 75-91 declaring the costs to be assessed and ordering a hearing to be held on March 18, 1991 on Sidewalk Replacement Project No. 1-1989 J 9095. Ayes (6), Nays (0).Motion carri.ed.- E-18 Strain moved, Bluhm second to adopt Resolution No. 76-91 and 77-91 declaring the costs to be assessed and ordering a public hearing on March 18, 1991 on Project No. 8403-J 8856 San. Sewer Trunkline to serve Kilpatrick Property and Others in 37th St. and E. River Rd. ( Def. Assmt.) Plat 0753- Parcel 00101 - Domaille-Postier Sub. Ayes (6), Nays (0).Motion carried. E-19 Strain moved, Hunziker second to adopt Resolution No. 78-91 setting a hearing date of March 18, 1991 on the Changes to the Rochester City Lines fare schedule. Ayes (6), Nays (0).Motion carried. E-20 Hunziker moved, Strain second to adopt Resolution No. 79-91 approving the contract-1990-1991-1992 IAFF # 520 Firefighters -wages and benefits. This is a result of the 'arbitrator's decision. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Relating to the Zoning; providing for creation of the Medical Institutional Campus Special Dist.; amending RCO by adding a Chapter 64D - Mayo Medical Center - was given its first reading. F-1 An Ordinance Amending Sec. 135.07 of the RCO relating to Truck Routes within- the City of Rochester - was given its first reading. F-1 An Ordinance annexing to the City of Rochester 15.11 acres of land situated in portions of the NE 1/4 of Sec. 15, Rochester Township was given its second reading. Strain moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Repealing Chapter 109 of the RCO relating to the licensure of Salvage Dealers was given its second reading. Hunziker moved, Strain second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 Bluhm moved, Strain second to adopt Resolution No. 80-91 approving an owner -contract with Yaggy-Colby Assoc. for Basic Const. in No. Heights East 6th Addition - Phase III to serve Lots 43-51 Blk 1 and Lots 1 thru 5, Blk 2. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3,670 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - Feb. 20., 1991 Agenda Item G-1 G-2 F-1 F-1 Bluhm moved, Strain second to remove the tabled project 6223-1-90 J 9166 - San. Sewer and Watermain Ext. in 23rd St. N. E. from E. Rive Rd. to serve Lots 13 and 14 Christensen-Sehl Sub. and Others, from the table. Ayes (6), Nays (0).Motion carried. Alderman Bluhm questioned the City's Assessment policy on the area that is out of the City and how the charges are calculated. Stevan Kvenvold, City Adm. explained the procedure as well as the interest charged by the City. Wishing to be heard was Vernon Grover of 314 23rd St. N. E. and state that he is not in favor of the project and he does not want to hook up to the system when it is put in. Mr. Grover also wanted to review the fact that the City would indeed charge him interest if and when he would hook up. He was assured that he would have interest to pay at that time and that a hook up charge would also be made. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Canfield second to adopt Resolution No. 81-91 approving the project. Ayes (6), Nays (0).Motion carried. Hunziker moved, McConnell second to remove the Proposed Sale of Ponderosa Campground from the table. Ayes (6), Nays (0).Motion carried. Alderman Hunziker was concerned about the time frame of this sale. Joe Wagner of the DNR was present and stated that they are comfortable with the terms and conditions and can live with the time -frame that is so stated. After brief Council discussion, Canfield moved, Hunziker second to approve the sale of the Ponderosa Campground to Fred King upon the terms and conditions described in the agreement from the City Attorney's office. Ayes (6) ,Nays (0).Motion carried. Alderman Strain stated that he voted for this but thinks it is a mistake selling Public Utility land. An Ordinance Rezoning property to R-1 Single Fam. on 4.9 acres in Sec. 9 of T 107N R 14W - Bandel Hills Sub. was given its first reading. An Ordinance Rezoning Proeprty known as the Zoning Ordinance of the City of Rochester to M-1 Light Ind.) 3.00 acres -was given its first reading. Having no further business, Strain moved, Bluhm second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. Information - 2-20-91 Committee of Whole minutes of 12-10-90, 12-17-90, 1-7-91, 1-28-91 and 2-4-91.