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HomeMy WebLinkAbout05-03-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting IN Z7 - May 3, 1993 4085 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Councilmembers Crawford, Hunziker; McConnell, Petersson and Senjem. Councilmember Canfield arrived at 2:10 P.M. Absent: None. C-1 IPetersson moved, Crawford second to approve the following items on the "Consent Agenda". Approval of the minutes will be considered at the evening meeting. C-2 The following licenses and bonds were approved: . Auction -Permit: Grafe Auction Service for Badger Water and Sewer,Inc. Cigarettes Over the Counter Renewal - Sam's Club 6427 Gambling - American Leg. 1 day off site permit Bear Creek Park and Zumbro Falls Fire Dept. Re1.Assoc. 1 Day - Kahler Hotel Heating Contractor - Air Cond. Assoc. St. Paul, Mn. Pigeon Permit new) - Glyndon West - 412 17th St. S. E. Sidewalks - Cement - Randy Krause Masonry - Zumbrota, Mn. Signs - Roger Webb Sign Repair - Oronoco, Mn. Misc. - Annual Poppy Days - VFW Post 1215 and Olmsted Co. Mem. Assoc. Memorial Day Parade - 5-31-93. C-3 Adopt Resolution No. 201-93 approving the extended hours of Sunday sales for Holiday Inn -Downtown from 10 A.M. to 2 P.M. on Sun. May 9. C-4 Approve the Accounts Payable in the amount of $925,427.00. C-5 Adopt Resolution No. 202-93 authorizing the City Clerk to advertise for bids on Project 9217 J 9266 - Construction of a Water Tower to serve the High Level Dist. in the Rochester Airport area. Bids to be opened at 11:00 A.M. on June 16, 1993. C-6 Adopt Resolution No. 203-93 and 204-93 ordering a feasibility report and a hearing to be held on June 7, 1993 on Project 6220-3-92 J 9204 St. Reconstruction and Widening of 20th St. S. W. from South Broadway to 1st Avenue S. W. Ayes (6), Nays (0).Motion carried. E-1 Hunziker moved, Senjem second to adopt Resolution No. 205-93 to implement the amendment to revise Sec. 5.03 of the Charter and to establish the meeting time for the first Monday of the month meeting at 7:00 P.M. Ayes (6), Nays (0).Motion carried. E-2 Petersson moved, Hunziker second to adopt Resolution No. 206-93 initiating eminent domain proceedings to acquire the home at 209 2nd Avenue NE ( George Hartog). Ayes (6), Nays (0).Motion carried. E-3 Crawford moved, Hunziker second to adopt Resolution No. 207-93 approving the proposal from CMS to perform the service for a cost of $2,800. for the Depot Building evaluation. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .4086 CITY OF ROCHESTER, MINNESOTA Regular Meeting No.27 - May 3, 1993 Agenda Item E-4 E-5 E-6 E-7 E-8 E-9 E-10 E-11 E-12 E-13 Petersson moved, McConnell second to adopt Resolution No,. 208-93 and 209-93 approving the following resolutions as adopted by the Rochester Public Utility Board: Resolution amending the Coal Supply Agreement dated May 8, 1990 which assigns the coal contract to Avoca Bement Corp. Resolution approving a revision of the Interrupitble Rate (INTR) effective June 1, 1993. Is on the evening agenda. This is on the evening agenda. McConnell moved, Petersson second to approve the issuance of and On -Sale Wine and On -Sale Non -Intoxicating 3.2 beer license to VICORP Rest. Inc. DBA Bakers Square 819 Apache Lane S.W. Ayes (7), Nays (0).Motion carried. Hunziker moved, Crawford second to adopt Resolution No. 210-93 approving the Wetland Replacement Plan for Seehusen Industrial Park, Blk 1, Lots 1-5. Ayes (6), Nays (0).Motion carried. Councilmember Canfield arrived - 2:10 P.M. McConnell moved, Crawford second to adopt Resolution No. 211-93 authorizing the execution of a lease agreement for the property at 708 9th Avenue S. E. The lease will be $500.00 per month plus utilities. Ayes (7), Nays (0).Motion carried. Crawford moved, Canfield second to adopt Resolution No. 212-93 and 213-93 ordering a feasibility report and a hearing for June 7, 1993 on New Sidewalk Project 4-1993 J 9275 - Various Locations City Wide. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to adopt Resolution No. 214-93 setting a hearing on the Removal of an assessment - Project J 9006 and J 9007 - Outlot "B" Wimbledon Hills Sub. Plat 5025 Parcel 3100 - in exchange for granting the City the use of Outlot B for a utility easement. Ayes (7),Nays (0).Motion carried. Hunziker moved, Crawford second to adopt Resolution No. 215-93 and 216-93 initiating the project and order a hearing to be held on June 7, 1993 on Reconstruction of Seven Alley's in the City of Rochester. Project 9304- J 9283.. Ayes (7), Nays (0).Motion carried. Petersson moved, Canfield second to adopt Resolution No. 217-93 authorizing one - 39 Foot driveway for the new SuperAmerica Station at the NW corner of 55th St. and Bandel Road. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �087 Regular Meeting.No. 27; - May 3, 1993 Agenda Item E-14 Hunziker moved, Canfield second to adopt Resolution No. 218-93 approving the low bid of Nietz Electric ,Rochester, Mn. for Project 9351 - J 6364 - Traffic Signal and Street Lights at CSAH No. 8 and FoxValley Drive S. W. Councilmember Hunziker stated that.the conditions to allow a give year payment period was discussed at a previous Council meeting so the Council should have been aware of this. Councilmember McConnell wanted to know what the interest rate would be if this was approved allowing a five year payment. The City Clerk informed him that it is 7.5%. Canfield moved, Petersson second to amend the motion to include the City/Developer Agreement to allow a five year payment period. Ayes (7), Nays (0). Motion on the amendment carried. Vote was taken on the original motion - Ayes (7), Nays (0).Motion carried. The City Attorney is to prepare a Resolution on the amendment. . E-15 Petersson moved, Senjem second to adopt Resolution No. 219-93 approving the payment for the additional work covered under the Supplemental Agreement No. 1 for Project No. 6313-3 and 4 J 2153 - Construction on 12th and 13th Avenue NW -SW J 2153. This is in the amount of $5,000.00'. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 138.02 of the RCO Relating to the Criteria for the Establishment of a Residential Permit Parking Zone. This was given its second reading. Senjem moved, Petersson second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Petersson moved, Crawford second to o adjourn the meeting. Ayes (7), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:00 P.M., the follow ing members being present: President Selby, Councilmembers Canfield Crawford, Hunziker; McConnell, Petersson and Senjem. Absent:None. Motion carried. B-1 A Hearing on the Type III Conditional Use 93-7 for a Residential Dev. ( Pre.Plan) consisting of the Adapti°.ve Reuse of a Church. Wishing to be heard in opposition were the following people. Joe Geise, Route No. 3 Rochester, Mn. owns a house in the area. Val Zaborowski, Barney Wilkins of 905 East Center, Marie Halverson of 115 8th Avenue S. E., Joe Welder of 703 East Center Street, Crystal Engels of 212 8th Avenue S. E., Jeanett Stifiar of 720 East Center Street, Ellen Oldre of 816 East Center Street. They are opposed to the change of use from a church to a "business". Traffic will increase and the noise from the business will increase. Wishing to be heard was Fred Gommels, Petitioner. He wanted to use the building as a church and then he would use it the rest of the time for a martial art school. He stated that they are looking to expand their current business and the church that is there at the present time has bought property and will move. He explained the classes and the schedules to the neighbors and the Council. -.- The Council discussed this and Councilmember Senjem asked Mr. _Gommels that if this was approved, would they buy the parsonage too. Mr. Gommels stated that they would buy only the church. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4088 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 2.7 - May 3, 1993 Agenda Item B-1 Councilmember Crawford asked if they would have to remodel this much. She was informed that they would not because they are intereste in wide open space and this is what they are looking for - pretty much as is. Wishing to be heard was Paul Bushover of 447 57th St. N. W. and is the Pastor of the church. He urged the Council to approve this. They have a church elsewhere and have been trying to sell this building as a church, but the churches that are small can't afford this and the larger churches are elsewhere. Also speaking in favor of this request was Jim Savage of Chatfield. Wishing to oppose the reqeust is Tom Sak of 25 8th Avenue S. E. , Wishing to return to speak in opposition was Marie Halverson of 115 8th Avenue S. E., Val Zaborski of 245 8th Avenue S. E. , Joe Welder of 703 East Center Street , They were concerned about the students in the martial art and the drop off's - parking for them and the noise. They are still opposed. Wishing to be heard was Jean Guyse of R. R. Rochester, Mn. She is concerned about the traffic and if elderly walk around or near this building it could be dangerous for them. Wishing to be heard was Fred Gommels of 322 So. Broadway and he stated that a large percent of the students are dropped off by their parents and those that do stay park in the parking lot provided. When they put in air conditioning the noise will be buffered by that soundrK He urged the Council to approve this. Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, Hunziker moved, Canfield second to deny the request, the reasons as listed in the "Facts of Findings" as prepared' by the City Attorney on file with the City Clerk. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Planned Unit Dev. 93-1 Amendment to the Final Plan of Miracle Mile Shopping Center. Wishing to be heard was Hal Henderson , Rochester, Mn. representing the applicant Restech, Corp. property requesting the change. He went over the six conditions and urged the Council to approve this. This will be used as an extension of Miracle Mile and this business will be known as TGIF Restaurant. Wishing to be heard was Jack Davidson of 1421 1st St. N. W. and was concerned about the zoning and what would happen to this zone if the PUD was not put in or if the business would cease. This was explained to him by the Planning Dept. Wishing to be heard was Fred Dahm of 1422 1st St. N. W. and wanted to know the.impact to Kutzky Park and was concerned about the additional traffic that would be generated by this business. He stated that a Rest. allowed to have alcohol mixed up with a park was not good.. Having no one else present that wished to be heard,President Selby closed the hearing. Canfield moved, Crawford second to adopt Resolution No. 220-93 approving the request. Ayes (7), Nays (0). Motion carried. Included in the resolution are the six conditions that are listed on the Request for Council Action. B-3 A Hearing on the Land Subdivision Permit 93-5 ( Prel. Plat ) for Bel Air Seventh Sub. Wishing to be heard was Bill Tointon of McGhie 1 i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No.27 - May 3, 1993 4089 Agenda Item B-3 and Betts, Inc. representing the applicant - Mohn and Penz. He stated that they do not have any problems with the conditions that was placed on this and urged the Council to approve the request. Wishing to be.heard was Larry Cooper of 1103 34th St. N. W. and represented the neighbors and are strongly behind this request. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Petersson second to accept the "Facts of Findings" with the eight conditions as listed on the "Request for Council Action". Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Appeal by Pat Ryan appealing the Decision of the Zoning Board of Appeals to construct a three-plex which needs seven variances. The Zoning Board of Appeals did not approve this request. Terry Adkins, City Attorney questioned Mr. Ryan as follows: A procedural flaw from.the Zoning Board of Appeals that the matter comes to the Council from the Zoning Board of Appeals without a majority vote on a motion. Under the law, the Board must e:c.ide that the affirmative action either for or against the applicati A simple tie vote does not result in any decision being made. Mr. Adkins will ask that Mr. Ryan stipulate for the record whether or not he will stipulate that the matter is properly brought before the Common Council and that he will not contest the fact that the Zoning Board of Appeals .did not take action. Will Mr. Ryan so state? Mr. Pat Ryan of 1793 36th Avenue S. E. was present and so stated that he would not. Wishing to be heard was Pat Ryan of 1793 36th Avenue S. E. He presented pictures of what this would look like if this was approved. He does not want to sell.this property and.would like to have this project.under one project. He urges the Council to reverse the tie vote and approve this request. After Council discussion, Councilmember Canfield spoke in favor of allowing Mr. Ryan to continue and make this a three plex. Councilmember Canfield stated that Mr. Ryan has worked hard and has made this area look good. He feels that Mr. Ryan will continue to keep this property up. Wishing to be heard was Mike Podulke of 1 llth Avenue N. W. and stated that Mr. Ryan has done a good job in his creativity on this property. He hopes the Council makes the right decision. Having no one else present that wished to be heard, President Selby closed the hearing. After further Council discussion, Canfield moved, Petersson second to approve the appeal of the decision by the Zoning Board of Appeals by Mr. Ryan and allow him to construct a three plex based on the four findings as listed on the Request for Council Action dated 5-3-93. This would also include approval of the variances that are needed of Mr. Ryan and designate joint use of the garbage area and two stalls next to the triplex. This would be in addition to the four stalls avail- able at the present time. Also that the west side yard is protected from parkers for its full.length. Upon Roll call vote, Councilmembers Canfield, Crawford, McConnell, Petersson and Senjem voted aye. Ayes (5), Councilmember Hunziker and President Selby voted nay. Nays (2). Motion carried. Up. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4a90 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 27,- May 3, 1993 Agenda Item C-1 E-5 E-6 G-1 G-2 Crawford moved, Petersson second to approve the minutes of the April 19, 1993 meeting. Ayes (7), Nays (0).Motion carried. Senjem moved, Crawford second to remove the tabled item of approving an Ordinance pertaining to Multiple Ownership from the table. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to deny the request. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 221-93 approving the employment of a Records Management Consultant from Zimmerman/Freeman for $21,750.00 to allow a complete evaluation of the Records for the City of Rochester. Ayes (7), Nays (0). Motion carried. Hunziker moved, Petersson second to remove the request for the sale/purchase agreement of Lot 7, Elton Hills Business Park from the table. Ayes (7)., Nays (0).Motion carried. After Council discussion on the potential soil contamination and who would pay for the cleaning and how long would this continue, Councilmember Senjem was concerned about the potential responsibilit; for removing the soil contamination after the fact. Mr. Neuman, . Assistant City Adm. stated that if i. a building is put up we would be responsible -IF in soil excavation this was a problem, the City could still deal.., Hunziker moved, to amend 'to,inclu'de:a"provision that the -City wi l l.�reci-nd' the' anreement:A-f -it-shal-1 .discover con tam inati of "=up.on•:excavation at the site and :that -'the City •: wi l l be responsible -'for. paying that*. contamination •upon that h.appeni n, Petersson .second. Ayes --(6),.-Nays (1) Presi-dent.Selby voted -nay. Motion carried: The- main .motion as amended- was made 'by, Hunzi-ker and- second by Petersson was.. voted . on= :A;%e's ( 5) , Nays (2-) . Counci l memb, Senjem 'voted nay and President Selby voted nay. Motion' carried. Councilmember McConnell stated that he voted for this reluctantly as the City should not be in the development business and hopes that this is the last one to come before the Council. Hunziker moved, Senjem second to start the process of subdividing the property contingent on the sale of the property. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to retain Yaggy Colby to do the engineering work. Ayes (7), Nays (0).Motion carried. Petersson moved, to remove the request for an Off -sale Intoxicating Liquor License requested for by Chardnnnay Ltd. from the table. This did not have a second so it was not considered. Having no further business, Petersson moved, McConnell second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk