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HomeMy WebLinkAbout07-20-19921 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 20, 1992 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker,.McConnell, Petersson and Senjem. Absent: None. Canfield moved, Crawford second to approve the minutes of the July 6, 1992 meeting with a correction on the minutes of the June 20, 1992 correction. Councilmember Crawford stated that she would like to have the correction being Planning "Department" instead of Planning "Staff". Ayes (7), Nays (0).Motion carried. B-1 A -Hearing on -the Reassessment of Lots 1 and 2 , Block 2 Highland Addition ( New Sidewalk Project 4 and 5 - 1988 J 9043. (Don Dickman) Ken.Moen; Attorney for Mr. Dickman was present and stated that they were in agreement with this reassessment as it had gone to court and this was a court settlement. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Petersson second to adopt Resolution No. 423-92 accepting the reassessment. Upon Roll: call Vote, Councilmembers Crawford, Hunziker; McConnell, Petersson and Senjem and President Selby voted aye. Ayes (6); Councilmember Canfield voted nay. Nays (1). Motion carried. B-2 A Hearing on the Amendment to the. Development District No. 2. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Res- olution No. 424-92 accepting the amendment. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Preliminary Plat No. 92-15 to be known as Golfview Estates. Wishing to be heard was Mike Nigbuhr of McGhie and Betts, Inc. representing the Developer, Schmidt -Daly Partnership. He stated they are in favor of the conditions as implemented by the Planning and Zoning staff. Having no one else present that wished to be heard, President Selby closed the hearing. Councilmember Senjem stated that he was concerned about the various annexations and plats that have been added to the City. He stated that the reason is that a concern he has for response time that emergency vehicles such as Fire, Police and Ambulances to get to these further places. He is concerned about the naming of the streets instead of the numbering system that was used in Rochester for years. These names are almost impossible to find and he would like to have staff respond to this and bring this back for discussion. Stevan Kvenvold, City Administrate stated that this has been brought up prior years and he would be happ; to review this again and possibly discuss this at a Committee of Wholl meeting. Councilmembers also noted that the Fire Dept. had not responded to the inquiry which was sent by the Planning Dept. Canfield moved, Petersson second to approve the Preliminary Plat "Facts of Findings" which is on file with the City Clerk. After further discussion, Petersson moved, McConnell second to amend the motion to include the approval with the receipt of "6pproval from the Fire Dept.". .Ayes (7), Nays N.Motion carried. The original motion was voted on - Ayes (7), Nays Motion carried. H 395 ���� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 --July 20, 1992 Agenda Item B-4 A Hearing on the Preliminary Plat.92-16 to be known as Bamber Ridge Third Subdivision. Wishing to be heard was.Mike Nigbuhr off-lcGhie and Betts, Inc. representing the Dev. Willow Dev. Co. He stated that he is in agreement with the conditions as stated by the Planning Dept. Having no one else present that wished to be heard, President Selby closed the hearing. McConnell moved, Crawford second to approve the "Facts of Findings" as prepared by the City Attorney and on file with the City Clerk. Ayes (7), Nays (0).Motion carried. B-5 A.Hearing on the Preliminary Plat to be known as Meadow Hills South Subdivision. Wishing to be heard was Ron Bailey of Yaggy Colby representing the Dev. Curtis Swedlund. He stated that they have no problems with the seven conditions as listed by the Planning Dept. He stated that he would urge the Council to adopt this. Also, a hearing will have to be set to consider an additional easement which is on an existing plat and should have been vacated and has not. In order to clean -this up a hearing will have to be set and considered at a future meeting. He was informed that the Council will consider this request at the end of the meeting. Council had concern about the sewer and water not going completely thru the plat. If it is not, then the City would have a potential problem getting the remainder of the plat (frontages) to pay the assessments that might be imposed because it did not go completely thru the plat at this time. Councilmember Crawford is very concerned about the drainage and the drainage ditch that is in the plat now. She stated that it is deep. Mr. Bailey stated that he filed the drainage plan just this morning of this meet- ing- to the Planning Dept. and stated that this will be O.K. He informed the Council that a developer is not allowed to make the drainage worse then it is before they develop,. -something and they ill hopefully make this situation better. He stated that by making the culvert smaller it will hold the water upstream - thus allow it to drain slower and should be better for erosion problems. Roger P1umb,Public Services Director stated that if the project is extended thru the project it would probably be difficult to collect from the Dev. because they only own one side of the area in which it would be put in. Further discussion was had by the Council and Mr. Bailey stated that the drainage would be kept in the rear yards so that it would make the area more attractive to buyers. ishing to be heard was Julie Haunsperger of 508 Meadow Run Dr. S.W. and she is opposed to this because she thinks the drainage problem has to be solved and is not in favor of smaller culverts because of the potential ponding. It is hazardous to the children in the area when it rains it gets really deep and also this development will generate more traffic then they can handle. 32 potential new homes ill be "32" too many. Jane Kansier, Planning Dept. stated that the smaller culverts will allow the water to drain out.in about 24 hours and it would be ponding but at a slow pace. Councilmember Canfield mentioned a park was originally suggested to be put in this area. Mr. Bailey stated that it will be located in a littl RECORD .OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 43955 Adjourned Meeting No. 5 - July 20, 1992 Agenda Item B-5 Idifferent area and this was actually preferred by the Park Dept. Wishing to be heard was Ralph Teigen of 500 Meadow Run Dr. S.W. and Jerry Glapa of 730 Meadow Run Dr. The were both concerned about the proper drainage and traffic that will be increased. They would like to see the drainage in writing before this is approved. Julie Haunsperger of 508 Meadow Run Dr. S.W. presented pictures of t area and asked those neighbors i.n the audience who agree with her to please stand. Approximately 35 people stood up with concern for what Ms. Haunsperger stated. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved,.Hunziker second to apprve this request with the conditions as stated by the Planning Dept and adopt the City Attorney Facts of Findings which is on file with the City Clerk. After discussion by the Council, Councilmember Crawford moved to table. This did not get a second and did not carry. Vote was taken on the original motion. Ayes (6), Nays (1) Councilmember Crawford voting nay. Motion carried. he neighbors thanked Councilmember Crawford for her efforts by coming out and talking with them. B-6 A Hearing on the Homestead TrailsPUD R-38. Wishing to be heard was Alice Gerber of 752 Neville Ct. S.E. She is the spokesperson for the unit owners and they are in favor of the findings of the Planning and Zoning Commission. Wishing to be heard was Joan DeWitz of 602 llth Avenue N.W. and is opposed to the findings of the Planning and Zoning Comm. She state that their rights are taken away because of this action. They bought this project with the intent of being allowed to build six siggle family homes. Now, this would not be allowed and she is not in favor of this switch in midstream. Wishing to be heard was Ken Moen, Attorney for the Developer and stated that this is in court and stated that the developer is deter- mined to be allowed to build what was allowed in the original PUD when he bought this project. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Hunziker second to adopt Resolutio No. 425-92 approving of the amendments with the conditions.as set forth by the Planning staff. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the City Planning and Zoning Commission initiated Zone change 92-7 from the R-3 to the R-1 Zoning Dist. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to instruct the City Attorney to prepare an Ordinance making this a law. Ayes (7), Nays (0).Motion carried. s 33956 RECORD OF Adjourned Agenda Item OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Meeting No. 5 - July 20, 1992 B-8 A Hearing on the Amendment to the Planned Unit Development PUD-B-90 Fiksdal Motel. Wishing to be heard in opposition was Suzanne Towey of 12th Avenue S.W. She stated that there is a problem with drainage in the area and they do not need to make more parking and deter from what already is a problem. Mr. Roger Plumb, Public Services Dir. stated that there is a problem and that they will be addressed soon. Wishing to be heard was Bob Gores of N.E.Rochester and stated that he is in favor of this and that they do have a problem, but feels it will be taken care of soon. Having no one else present that wisher to -.be heard, President Selby closed the hearing. Canfield moved, Petersson second to table this until the City receives funding for the completion of the drainage for the area. Upon Roll call vote, Councilmembers Canfield, Crawford, McConnell voted aye.Ayes(3) Councilmembers Hunziker, Petersson, Senjem and President Selby voted nay - Nays (4). Motion did not carry. Hunziker moved, Senjem second to instrucl�the City Attorney to: prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. D-1 Hunziker moved, McConnell second to adopt Resolution No. 426-92 referring the petition for Reconstruction of an Alley between 10-11 St. No. Broadway and and Avenue N. W. to the Public Services Dept. for a feasibility report. Ayes (7),Nays (0).Motion carried. . E-1 McConnell moved, Petersson second to authorize three additional full time and one part time dispatcher position effective 8-1-92 for the Police Dept. Councilmember Senjem voiced his concern about the additional positions and stated that maybe cooperation between the Fire Dispatchers and the Police Dispatchers would eliminate these positions and feels that this should be studied further. Councilmember Canfield stated that the need for the Police Dispatcher was presented by the Police Dept. and he feels that they need them now. Ayes (6), Nays (1). Councilmember Senjem voted nay. Motion carried. E-2 Hunziker moved, Crawford second to adopt Resolution No. 427-92 approving the City to enter into a contract with U.S..West for maintenance of the 911 System for one year. The total monthly charge is $800.00. Ayes (7), Nays (0).Motion carried. E-3 Hunziker moved, Petersson second to adopt Resolution No. 428-92 approving the amendment to the lease with Olmsted County for the Building and Safety Dept. to provide that the current and future increases will be -based on the Consumer Price Index for all Urban Consumers. This lease allowed for an increase of $5.35 per sq. ft. from $4.47. Councilmember McConnell was not in favor of this. He stated that the amount of increase is to much.and would not be in favor of.no more then 4%. Ayes (6), Nays (1). Councilmember McConnell voted nay. Motion carried. E-4 Hunziker moved, Petersson second to adopt Resolution No. 429-92 approving a contract for design services for the preparation of Master Recreation Plans for WR-4 and WR-6A Reservoirs with LSA Desigr for the fee of $7,875.00. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 5 - July 20, 1992 Agenda Item E-5 Hunziker moved, Crawford second to adopt Resolution No. 430-92 awarding the low bid of Wickenhauser Excavating of Cologne, Mn. for the demolition/parking lot construction at 205 No. Broadway. Motion carried. Ayes (7), Nays (0). E-6 Petersson moved, McConnell second to adopt Resolution No. 431-92 approving a resolution as approved by the Rochester Public Utility Board - Purchase order agreement with Square D Company etc. for the Mayo Foundation Substation project in the amount of $372,776.00. Ayes (7), Nays (0).Motion carried. E-7 Canfield moved, Crawford second to adopt Resolution No 432-92 approving the purchase contract and.service agreement for Software Package for the Building and Safety Dept. This will be in the amt. of $34,180.00 including training. Ayes (7), Nays'(0).Motion carried. E-8 Senjem moved, Petersson second to approve the following licenses and bonds: Temp. On -Sale 3.2'Beer - Holy Anarygroi Greek Orthodox Church 8-30- Cigarette - Over the Ctr.- Gateway Foods, Inc. DBA Mr. P's. No. Broadway and Gateway Foods Inc. DBA Mr P's No. Hwy 52. Gambling - Paws and Claws - Raffle 11-21-92. Master Installer - Tom Nelson of Rochester, Mn. Master Plumber - Hengel Bros. Inc. LaCrosse Wisc. Sidewalks - etc. Cement - Reedy Con. Const. Galesville, Wisc. Street Use - Roch. Track Club - Foot Race 8-22-92 Dance -Temp. - Aviary Rest. 7-16-92 ( Prior approval given) Gambling - Roch. Juvenile Hockey Assoc. Hollywood Bar Ayes (7), Nays (0).Motion carried. E-9 Canfield moved, Petersson second to adopt Resolution No. 433-92 approving the Downtown Business Assoc. sidewalk sale on July 23-24-25 and 26, 1992. Ayes (7), Nays (0).Motion carried. E-10 Petersson moved, Crawford second to deny the request to allow alcohol beverages in Parks greater than two gallons on a per request basis. Ayes (7), Nays (0).Motion carried. E-11 Hunziker moved, Petersson second to approve the transfer of the off - sale non -intoxicating 3.2 beer for Gateway Foods, Inc. for Mr.P's at 1652 Hwy 52 No. and 1402 No. Broadway from Richard Prochazka to Gateway Foods, Inc. Ayes (7), Nays (0).Motion carried. E-12 Hunziker moved, Crawford second to approve the Accounts Payable in the amount of $1,794,590.36 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-13 Petersson moved, Crawford second to adopt Resolution No. 434-92 authorizing the redemption and retirement in advance of maturity $545,000 of the G.O. Revenue Advanced Wastewater Treatment Facility Bonds of 1983 Callable at par on Oct. 1, 1992. Ayes (7), Nays (0). Motion carried. 39.57 3958 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 -.July 20, 1992 Agenda Item E-14 McConnell moved, Petersson second.to instruct the City Attorney to prepare an Ordinance to include insurance requirements for Commercial Tree Work licenses. Ayes (7), Nays (0).Motion carried. E-15 Canfield moved, Senjem second to adopt Resolution No. 435-92 approvinc the purchase agreement to acquire 6.0 acres of property from Harvey and Mary Ratzloff - Parkwood Hills area. Ayes (7), Nays (0).Motion carried.The amount of purchase is $8,100.00. E-16 Hunziker moved, Senjem second to approve the initiation of an amendment to Rochester Zoning Ordinance and Land Dev. Manual relating to Off -Premise Advertiseing Signs. Ayes (7), Nays (0).Motion carried. E-17 Petersson moved, Hunziker second to adopt Resolution 436-92 and 437-92 authorizing the extension of the lease agreements for the properties at 437 and 448 loth St. N.W. Ayes (7), Nays (0).Motion carried. E-18 Canfield moved, Petersson second to adopt Resolution No. 438-92 authorizing extension of a lease agreement for the property at 407 7th Avenue N. W. -Cascade Creek at $300.00 per month. Ayes (7), Nays (0).Motion carried. E-19 Petersson moved, Canfield second to adopt Resolution No. 439-92 approving the sale of 1,828 sq. ft. of excess land originally purchased for the No. Hills Golf Course to THE-G Rochester Joint Venture for the purchase price of $2,000.00. Council stated a concern about land -locking our City owned property if this little piece of property was sold. Stevan Kvenvold, City Adm. stated that this would not make any difference to our land anyway andwe should go ahead and sell it. Ayes (7), Nays (0).Motion carried. E-20 Crawford moved, Petersson second to adopt Resolution No. 440-92 authorizing the City Clerk to advertise for bids on August 12, 1992 for Project 6300-N-92 J 4883-A2 - Bridge Railing Replacement on No. Broadway Bridge at Silver Lake. Council was concerned about the size of the rail and Councilmember Senjem stated he did not like the wire railing - Councilmember Hunziker stated that he does not see the difference between.this bridge and the bridges in his ward. He would like to see all bridges treated the same. Ayes (6), Nays (1). McConnell voted.nay. Motion carried. E-21 Petersson moved, McConnell second to adopt Resolution No. 441-92 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on Aug. 12, 1992 on Project 6311-4-92A J 9244 - Const. of Curb and Gutter and Driveway approahces on W. side llth Ave. N. W. 10 to 12th St. N. W. Ayes (7), Nays (0).Motion carried. E-22 McConnell moved, Canfield second to adopt Resolution No. 442-92 award- ing the low bid of $88,576.10 to Rochester Sand and Gravel Inc. for Project No. 8103-90A J 9158 - St. Const. Curb and gutter , Storm Sewer 16th Ave. Sw E., Homestead Acres to 8 112 St. S. EV Ayes (7), Nays (0).Motion carried. iJ RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Adjourned Meetling F.RPCH�S�T 20 MIII FSOTA �� � Agenda Item - Canfield moved, Hunziker second to adopt Resolution No. 443-92 awarding the low bid of $60,700.00 to Nietz Electric on Pedestrian Lighting adjacent to the Government Center - Project 6204-2-92A J 2540. Ayes (7), Nays (0).Motion carried. E-24 Petersson moved, Hunziker second to adopt Resolution No. 444-92 ordering a hearing to be held on August 17, 1992 on Project No. 6232-1-92 J 9252 - San. Sewer and Watermain Ext. in 32nd St. N.E. from 200 Ft. east of 3rd Ave. N. E.to Lot 6 Morris's 3rd Sub. Ayes (7), Nays (0).Motion carried. E-25 Crawford moved, Hunziker second to adopt -Resolution -No. 445-92 and 446-92 accepting a feasibility report and ordering a public hearing for August 17, 1992 on Project 9208A J 9251 - Reconstruction of a N-S Alley Adj. to Blk 4 of McCoulloughs and Blk 42 of Original Plat. Ages (7), Nays (0).Motion carried. E-26 Canfield moved, Petersson second to adopt Resolution No. 447-92 approving the following•paragraphs.pf Sec. B No Parking,Zones to read. (170.1) - 8th Ave. S: W. on the E. side from 4 to 5 St. between the hours of 9:0.0 A.M. to 10:00 A.M. Mon thru Fri. (170.2) - 8th Ave. S.W. on the W. side from 5 to 6 St. between the hours of 9:00 A.M. to 10:00 A.M. Mon thru Fri. (173.1) - 9th Ave. S. W. on the W. side from 5 to 6 St. between the hours of 11:00 A.M. and Noon, Monday thru Friday. Ayes (7), Nays(0).Motion carried. E-27 Hunziker moved, Crawford second to adopt Resolution No. 448-92 approving the City to acquire property at 223 9th Ave.N.W. for the amount of $40,500.00 and a single relocation payment of $4,500.00. Ayes (7),, Nays (0).Motion carried. E-28 Hunziker moved, Petersson second to adopt Resolution No. 449-92 setting a hearing for August 17, 1992 on the proposed vacation of a 4 foot utility easement in Elmcroft Second. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property to R-1 in Glendale Sub. and Glendale First Replat. This was given its.,first. ,rpad.ipg:.., F=1 An Ordinance Amending the RCO Relating to the Insurance Requirement for Tree Maintenance Licenses was given its first reading. F-1 An Ordinance annexing approx. 20 acres of land located in the E 1/2 of NE 1/4 of NE 1/4 of Sec. 18, T107 R14 was given its second reading Petersson moved,;Hunziker second to, adopt the,.Ordinanc,e as_read. -. Ayes '(7), Nays (0).Motio'n'":carried. F-1 Petersson moved, Canfield second to adopt Resolution No'.'450-92 approving an owner contract for Grading, Base, Bit. Surfacing, Con. Curb and Gutter.and sidewalk on FoxValley Dr. East Ln. Foxcroft 2nd Sub. to E. Ln Hudson Parcel R.L. Hexum, Jr. and Elcor Const. Ayes (7), Nays (0).Motion carried. Having no further business, Hunziker moved, Petersson se nd to adjoui the meeting. Ayes (7), Nays.(0).Motion carried i,ty Cl(