Loading...
HomeMy WebLinkAbout10-21-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3804 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 1•-2- October 21,1991 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 Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None. McConnell moved, Petersson second to approve the minutes of the October 7, 1991 meeting. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Proposed Assessment against property owners who did not remove the following from their property and will be assessed against the property tax. Weeds, Trees and Debris Removal. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No.'s 518-91, 519-91 and 520-91 approving the assessments. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Planned Unit Development ( Final Plan ) to be known as Pinewood Manor. Wishing to be heard was Frank Kottschade of 2613 5thAvenue N. W. He stated that the recommendations as listed by the Planning staff were O.K. with him and was present for any questions the Council may have. Alderman Crawford questioned the size of the street and if parking will be allowed on only one side. She was informed by Mr. Kottschade that parking will be on one side and that the street is wide enough at 24 feet. Public Services stated that snow removal will be done by the Homeowners Assoc. and the City will not plow that area. Alderman Solinger stated that he thought it is simply squeezing to many homes in a small area. Alderman Petersson agreed with Alderman Solinger. Mr. Kottschade stated that his motive was to provide affordable housing and other lots in town are the same size. He is within the law to build these houses on the lot size. Alderman Hunziker stated that he is concerned about the traffil and congestion if a 24 unit apt. complex is built.Alderman McConnell is also concerned about the density, but anyone who buys a house can see the smaller lots to begin with. Alderman Crawford asked to see the plans on how the houses would be built. Alderman Solinger, after viewing the plans again still was not in favor of the number of houses to be put in that small a space. Alderman Canfield was concerned about the drainage in the area. He was informed of the plan by the Planning Dept. Having no one else present that wished to be heard, President Selby closed the hearing. Hunziker moved, McConnell second to adopt Resolution No. 521-91 approving the Final Plan. Upon Roll call vote, Aldermen Crawford,Hunziker, McConnell, and President Selby voted aye. Ayes (4) Aldermen Canfield, Petersson and Solinger voted nay. Nays (3). Motion carried. B-3 A Hearing on the Final Plat to be known as Pinewood Manor. Wishing ti be heard was Frank Kottschade of 2613 5th Avenue N. W. He is present for any questions that the Council may have. McConnell moved, Hunziki second to adopt Resolution No. 522-91 approving the plat. Upon Roll Call vote, Aldermen Canfield, Crawford, Hunziker, McConnell, and President Selby voted aye. Ayes (5), Aldermen Petersson and Solinger voted nay. Nays (2). Motion carried. it RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3805 Adjourned Meeting No. 12-- October 21, 1991 Agenda Item B-4 A Hearing on the Postponed Assessment Project No. 7703- Parts 1,2,3, and 4 J 8475 - Construction of Water Reservoir and Connecting Trunk mains to serve the low Dist. of N. W. Service area lying North of 41-'I St. N.W. ( Def. against Essex Park Dev.- No. American Realty property' Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Petersson second to adopt Resolution No. 523-91 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Postponed Assessment Project No. 7301-J 8476 - NW Dist. Trunkline San. Sewer Pumping Station, Forcemain and 0utfall Sewer. This is Def. against Essex Park Dev. - No. American Realty property). Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No. 524-91 accepting the assessment. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Postponed Assessment Project No. 5622 J 8059 - IBM Trunkline San. Sewer. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Canfield second to adopt Resolution No. 525-91 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Previously Postponed Assessments 6241-4-77 J 8591 - Watermain in 41st St. N. W. from West Line of Replat # 2 Sunrise Est. to a point 660 Ft. East of the NW Corner Sec. 23, Cascade Township. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Hunziker second to adopt Resolution No. 526-91 accpeting the assessments. Ayes (7), Nays (0).Motion carried. D-1 Wishing to be heard was Alvin and Mary Bell regarding correction of the minutes of the Sept. 17, 1991 Council meeting. Wishing to be heard was Alvin Bell of 103 llth St. S,.E. He stated that the party referred to in the minutes was three houses away and not in his back yard. His wife was not followed by a car, but by a person walking. He did not pull out a wrench, but a screwdriver. Wishing to be heard was Mary Louise Bell of 103 llth St. S. E. She stated a desire to be referred to as Mrs. not Ms. as is stated in the minutes of Sept. 17, 1991. D-2 Wishing to be heard was Paula Britson of 4415 Manchester Lane N. W. Ms. Britson stated that the elevation of back yards were changed in the subdivision to allow for walkout lower levels instead of full basements. Because of this change, flooding occurs and drainage problems are evident. Public Services Director , Roger Plumb stated that the developer did not grade the area in the manner that was on the original plan. He stated that it is not practical at this time to go back to that original plan. He did encourage the developer, '.Scott Lampland and the consultant McGhie and Betts to go back and prepare plans to improve the back yard drainage in the block. Also Mr. Plumb stated that a sewer line with two catch basins was installed. Mrs. Britson said that her yard was worse as a result of the new work. She says in some instances, her yard is a foot deep and three feet wide at times. She said that she didn't cause the problem RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 001 y CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 1*--- October 21, 1991 Agenda Item D-2 E-1 and that she feels the solutions are the responsibility of the developer. Mr. Plumb stated that the problems should not be that of the City but the responsibility of the Developer and consultant. Mr. Plumb stated that in many cases the developer changes the grading plans and the City does not have staff to inspect each and every house to see that the grading is the same as stated on the plan that the City has. Ms. Britson stated that she is considering hiring an attorney in this case. Discussion was held on the Charitable Gambling Ordinance. Alderman Canfield stated that he would like to see this Ord.be-restri to only Private Clubs and Mayo Civic Center activities and private groups to rent public space from hotels or auditoriums and be allowed Within their own organization conduct their own gambling activities. Alderman Canfield asked if each request would come to the Council for approval. Terry Adkins, City Attorney said that they would, but they do now - for a premise approval. We have control over the site. The license will have to be issued thru the City Clerk's Office and they would enforce the standards that is agreed upon with this Ord. Having no further discussion, Canfield moved,McConnel.l' second to instruct the City Attorney to draft an Ordinance stating the items as listed above by Alderman Canfield. Alderman Petersson agreed with Alderman Canfield. but she would like to see the proceeds from gambling stay in the trade area. Alderman Petersson moved, Solinger second to amend the motion to have the proceeds of gambling stay in Olmsted County. Alderman McConnell wondered how the City can extend this to the Count, Mr. Adkins, City Attorney stated that State Law allows us to extend this to the County if the Council so chooses. Alderman Petersson stated that lots of groups come from the County and City spends gambling money in the County too. So that is why she included the County as "trade area". Mark Chapdelaine of the Bureau of Conv. and Tourism was present and urged the Council to consider allowing gambling in hotels, Civic Center, Etc. otherwise it would hurt the promotion of conventions, etc. in the City of Rochester. Alderman Hunziker was concerned about groups that conduct gambling and the funds raised would be donated to some scholarship in the State of Mn. and by stating that the monies would be spent in a "trade area " or County, this could be a problem. Alderman McConnell wanted to clarify what types of gaming can happen. Terry Adkins, City Attorney stated that you cannot determine what kinds of games are played - that is control,led.by the State. You can determine the place in which you want them to occur. Solinger removed his second and Petersson withdrew her motion to the Amendment - Original Motion was on the -floor. This is because of limitation of the monies spent and where the boundaries should be for such distribution. Alderman Hunziker would like to have more input into the actual distribution of the funds and staff will have this information at the next meeting. Terry Adkins, City Attorney will have the Ordinance read for the 1st time at the Nov. 4, 1991 meeting and this can be added at that time. Vote was taken on the original motion . Ayes (7),Nays (0).Motion carried.(Correction 11-4-91 min.) :ted RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3807 Adjourned Meeting No. 12-- October 21, 1991 Agenda Item E-2 McConnell moved, Crawford second to amend the Ordinance setting a fee of $50.00 for over the counter cigarette sales area. Petersson moved, Solinger second to amend the motion to raise the cigarette sales area over the counter to $30.00. Upon Roll call vote, Aldermen Canfield, Hunziker, McConnell, Petersson and Solinger. voted aye. Ayes (5), Alderman Crawford and President Selby voted nay. Nays (2). Amendment approved. The City Attorney was instructed to prepare an Ordinance making this change. (See correction 11-4-91 min.) E-3 Petersson moved, Hunziker second to adopt Resolution No.527-91 rescheduling a 1992 budget hearing to be held on December 18, 1991 at 7:30 P.M. Ayes (7), Nays (0).Motion carried. E-4 Solinger moved, Hunziker second to adopt Resolution No. 528-91 approving a contract with TSP in the amount of $23,500. for a skyway feasibility and site planning study. Ayes (7), Nays (0).Motion carried. E-5 Hunziker moved, Crawford second to adopt Resolution No. 529-91 authorizing the City Clerk to advertise for bids on AIP 3-27-0084-02 Snow Plow Truck - Four -Wheel Dr. 42,000 lb G.V.W. for the Rochester Airport. Bids will be opened at 11:00 A.M. on Nov. 26,199' in the office of -the -City Clerk. Ayes (7), Nays (0).Motion carried. E-6 Solinger moved, Crawford second to adopt Resolution No. 530-91 approving the Mayor and City Clerk to execute a lease agreement for space at the National Weather Service -/Rochester Airport. This is from 11-1-91 to 10-31-96. Ayes (7),Nays (0).Motion carried. E-7 Petersson moved, Crawford second to adopt Resolution No. 531-91 approving a resolution by the Public Utility Board approving a purchase order agreement with Nott Company for the Trackmobile over- haul 1991 in the amount of $49,651.00. Ayes (7), Nays (0).Motion carried. E-8 Solinger moved, Petersson second to approve the following licenses and bonds: Cigarettes - over the Counter - Soldiers Field Motel, Roch.Mn. Gambling - ARC Olmsted Co. and Waive the 30 day waiting period. Sidewalk -Cement - Hicks Concrete Const. Inc. Medina, Mn. Misc. - Perinatal Death Support Group - Family Mem. Walk - Silver Lal on Oct. 27, 1991. Ayes (7), Nays (0).Motion carried. E-9 Hunziker moved, McConnell second to approve the -issuance of an On - Sale Intoxicating Liquor and Sunday License to Wongs Cafe Westside, Inc. DBA The Willows located at 1915 Hwy 52 North (formerly Gulliver Ayes (7), Nays (0).Motion carried. E-10 McConnell moved, Petersson second to approve the issuance of an On Sale Wine License to Michael Wees and Jennifer Lynn Huffman for RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12-- October 21, 1991 Agenda Item E-10 Deli Peppers of 10 2 South Broadway pending approvals from department! and payments and certificates. Ayes (7), Nays (0).Motion carried. E-11 Crawford moved, Petersson second to approve the Accounts Payable in the amount of $1,407,061.05 - The file -is' -in the.City Clerk's Office. Ayes (7), Nays (0).Motion carried. E-12 Petersson moved, Hunziker second to adopt Resolution No. 532-91 authorizing the City Clerk to advertise for proposals on furnishing gasoline and diesel fuel at a pump for one year for the Police and Fire Dept. Bids to be opened at 11:00 A.M. on Nov. 7, 1991. Ayes (7), Nays (0).Motion carried. E-13 Hunziker moved, Crawford second to ihstruct�the City'Attorney to prepare a new ordinances using the correct numerical references to Planned Unit Dev. Ordinances. Ayes (7), Nays (0).Motion carried. E-14 McConnell moved, Solinger second to adopt Resolution No..533-91 approving the purchase of a part of Lot 8, Blk 2, Apache Mall Shopping Center Sub. necessary for the construction of Stage 2-13 , US Army Corps of Eng. flood control project at the price of $22,260.00. Ayes (7), Nays (0).Motion carried. E-15 Solinger moved, Crawford second to adopt Resolution No. 534-91 authorizing the payment for work covered gy Supplemental Agreement No. 1 J 2577 in the amount of $2,760.00. This is for Project No. 6301-1 and 2 - 91 1st Avenue NE -SE - 1st St. S.E. to 1st St. N. E. Ayes (7), Nays (0).Motion carried. E-16 Petersson moved, Crawford second to adopt Resolution No. 535-91 approving the agreement with ADS of Eagan, Mn. whi-ch specifies that the flow monitoring shall be done between March 15, 1992 and May 15, 1992. The amount to be paid them is $193,000.00. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property to PUD-R-102 correcting the identity of PUD numbers - This is in Sec. 23 T 107N, R14W. This was given its first reading. F-1 An Ordinance rezoning certain property to PUD-R-16 correcting the identity of PUD numbers - Blk 22, Northern Addn. This was given its first reading. F-1 An Ordinance Rezoning property to PUD-R-103 located on Lot 1, Blk 1 Pinewood Second Sub. ( Frank Kottschade. This was given its first reading. Mr. Frank Kottschade requested that this Ordinance be considered for a second reading. Hunziker moved, Crawford second to suspend the rules and give this Ordinance a second reading. Upon Roll call vote, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger and President Selby voted aye. Ayes (7), Nays (0).Motion carried and the Ordinance was given its second readini. Hunziker moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. 1 1 Agenda Item F-1 F-1 F-1 G-1 F-1 H=1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 11— - October 21, 1991 An Ordinance Amanding and Reenacting Chapter 103 of the Rochester Code of Ordinances realting to the sale and dispensing of Cigarettes within the City of Rochester was given its first reading. An Ordinance amending Sec. 28.04 of the RCO relating to the Water Service Availability Fee was given its second reading. Hunziker moved, Petersson second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 536-91 approving an owner contract in Willowridge Sub. for Basic Construct- ion Phase V and VI - Lowell Penz and Fraser Const. Co. Ayes (7), Nays (0).Motion carried. Hunziker moved, Petersson second to remove the Request to Increase Building Permit Fees from the table. Ayes (7), Nays,(0):Motion carried. Petersson moved, Hunziker second to instruct the City Attorney to prepare an Ordinance reflecting Schedule "A" ( the min. recommended ) as contained in the memo from Don Wees of the Building and Safety Dept. This would include the addition of three additional inspector positions with the assumption of the current building activity. Alderman McConnell is opposed to this because he cannot justify the figures as presented. Alderman Solinger is also opposed as`it would seem more then adequate monies are being proposed in this schedule. Alderman Hunziker stated that he felt comfortable with this schedule. Some other administrative costs were not even included in the schedule "A" and so it would in a long run break even. Upon roll call vote, Aldermen Canfield, Crawford, Hunziker, Petersson and President Selby voted aye. Ayes (5), Aldermen McConnell and Solinger voted nay. Nays (2). Motion carried. An Ordinance amending Sub. 4 and 5 of the Sec. 50.02 of the RCO relating to Building Permit Fees was given its first reading. President Selby appointed the following two people to the Highway 52 Corridor Study Committee: Aldermen Ruth Crawford and Chuck Canfield. Having no further business, Canfield moved, Solinger second to adjourn the meeting. Ayes (7), Nays (0).Motion arried. e el City Clerk i 389