HomeMy WebLinkAbout06-21-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
.41 to Adjourned Meeting No. 2 - June 21, 1993
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A-1 President Selby called the meeting to order at 7:00 P.M., the follow•
ing members being present: President Selby, Councilmembers Canfield,
Evans, Hunziker, McConnell, Myhrom and Senjem. Absent: None.
B-1 A Hearing on the Planned Unit Dev. Amendment to the Final Plan of
North Plaza Office, formerly the IBM Credit Union at 17th Street and
Third Ave. N.E. Wishing to be heard was Hal Henderson, Architect,
representing the Applicant which is IBM Credit Union. He was presen-
for any questions the Council may have and urged them to approve thi!
request. He is in favor of the conditions as listed.
Councilmember Evans stated that even tho Mr. Henderson stated that
some neighbors were in favor, he found some neighbors that do not
want this request approved and one of them was next door. Mr.
Henderson stated that with the present zoning four single family
dwellings could be built in the area and this would only be five
townhouses and parking would be on 17th Avenue and should not
bother any neighbors. Councilmember Senjem wondered if.there were
any garages being built. Mr. Henderson stated that there were
garages and they would enter them from the back of the PUD.
Having no one else present that wished to be heard, President Selby
closed the hearing. Canfield moved, Hunziker second to adopt
Resolution No. 300-93 approving the request based upon the pertinent
zoning ordinance provision of Sec. 61.146 ( Cond.Use) and including
the six conditions as stated in the Planning Staff report which is
included in the Request for Council Action. Ayes (7), Nays (0).Motioi
carried.
B-2 A Hearing on the Proposed Orderly annexation agreement with Cascade
Township incl. properties at 4021, 4104 and 4110 55th St. N. W.
22.95 acres of vacant land in Sec. 25 in No. Hgts E and 4.13 acres
of vacant land owned by Olmsted Co. for Circle Dr. ROW in Sec.17.
Wishing to be heard was John Bruning of 4021 55th St. N. W.
and was wondering about coming into the City and the connections
charges if and when he connected to the water etc. Mr. Roger
Plumb, Public Services Dir. explained this to him and stated that
there would not be a connection charge until they actually connected
to a system. But, if sewer and water lines, etc. was put in and
they were not assessed until they connected to this improvement,
then interest would be charged for a maximum of 10 years on the
improvement and that would be added to the initial amount of the
assessment. The connection charge, however would be whatever the
rate was at the time of connection.
Wishing to be heard was Al Weins representing Cascade Township Brd.
and since the township agreed to orderly annexation years ago, they
will go on record as being in favor of this. Having no one else
present that wished to be heard, President Selby closed the hearing.
Senjem moved, Hunziker second to adopt Resolution No. 301-93
approving the request. Ayes (7), Nays (0).Motion carried.
B-3 A Hearing on the City Initiated amendment to the existing Orderly
Annexation Agreement with Cascade Township # 93-8. Wishing to be
heard was Shirley Rossi of 4111 55th St. N. W. and wondered about
the connection charge. Roger Plumb, Public Services Dir. stated that
she would pay only when they connected at the rate charged at that
time.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meetinq No. 2 -June 21. 1993 4 I 1 1
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Ms. Rossi stated that the citizens in the township would appreciate
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more information ahead of the actual Council meetings..
Wishing to be heard was Mark Utz, Attorney with Dingle and Wendland
Ltd. Alpha Realty supports this annexation and he also represents
the Shefelbine property. They would also like to have a 450'by 50'
piece of property be included in this annexation. Jane Kansier of
the Planning and Zoning Dept. stated that they would have no object-
ion to this request. Gary Neuman, City Adm.office stated that this
could be added to the agreement with Cascade Township and if they
have no problems with this request, then it would be O.K.
Wishing to be heard was Al Weins of Cascade Townsihp Board and
he has received different information and was wondering which of
the letters showing descriptions was correct. Gary Neuman will
be contacting Mr. Weins with the correct property descriptions
included in the annexation request. Mr. Weins stated that if they
receive this information the township will meet on July 6 and they
can discuss this.
Wishing to be heard was Richard Badger of 6004 Valleyhigh Dr. N.W.
and is not in favor of this annexation.
Wishing to be heard was Joe Kocer of 7310 Valleyhigh Dr. N.W. and is
also opposed. Wishing to be heard was Rick Arends of 4028
loth Avenue N. W. and wondered when the taxable year would be and
when they might be subject to city taxes. Mr. Neuman stated that
it would probably be taxed in 1994 and be vis4 ble in the 1995
tax statements.
Wishing to be heard was Jim Kocer of 3101 Valleyhigh Dr. N. W. and
is opposed.
Having no one else present that wished to be heard, President
Selby closed the hearing. Hunziker moved, Senjem second to adopt
Resolution No. 303-93 approving this but delete the 400 feet of
Shelfelbine property Kocer and Badger properties and receiving
the agrement on the.needed easements of Shefelbine property as
reviewed and approved by the Cascade Township Board.
Mr. Roger Plumb stated for the record that "Interest charged on
sewer and water would collect interest for a maximum of 10 years.
Feonnection charges would be the rate at the time of connection".
Ayes (7), Nays (0).Motion carried.
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A Hearing on the City Initiated Orderly Annexation Agreement with
Marion Township Inc. the properties at 2045 Hwy 14 E ( Play Mor
Ballroom ) at 2145.Hwy 14 East and 287 acres of State owned land in
Sections 5 and 6 Marion Township. Wishing to be heard was Cecil
Long of 17 12th St. N. W. and is part owner of the Play Mor Ballroom
and is opposed to annexation. Wishing to be heard was Lloyd Long,
part owner of the.Play Mor Ballroom and stated that he is opposed
to this. He stated that they are just making ends meet now and with
the City taxes, they might have to close. Having no one else
present that wished to be heard, President Selby closed the hearing.
Canfield moved, Hunziker second to adopt Resolution No. 304-93
approving the annexation. Ayes (7), Nays (0).Motion carried.
B-5
A Hearing on the Zone Change Request from R-1 District to the R-2
District 4.1 acres of land:41 the north end of Viola Heights Dr. NE
( R.E. Payne ).
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4112 Adjourned Meeting No. 2 - June 21, 1993
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Wishing to be heard was Roger Payne of 1700 Northwood Dr. N.E. and
is present for any questions the Council may have. President Selby
asked Mr. Payne why he is coming in with small parcels involving his
developments instead of a large amount of land. Mr. Payne stated that
they prefer to zone property as they need it and it is developed.
Having no one else present to be heard, President Selby closed the
hearing. McConnell moved, Senjem second to instruct the City Attorne;
to draft an Ordinance for approval. Ayes (7), Nays (0).Motion carried
A Hearing on the Preliminary Plat to be known as Northern Heights Ease
9th.Sub. Having no one present that wished to be heard, President
Selby closed the hearing. Senjem moved, Evans second to approve
the request and the "Findings of Fact Conclusions of Law and Order"
as prepared by the City Attorney. Ayes (7), Nays(0).Motion carried.
A Hearing on the Proposed vacation of the southern three feet of the
10 foot wide utility easement located along the north property
boundary of Lot 7, Northern Slopes Seventh Sub. Having no one presen.
that wished to be heard, President Selby closed the hearing.
McConnell moved, Myhrom second to adopt Resolution No. 305-93
approving the vacation. Ayes (7), Nays (0).Motion carried.
A Hearing on the Project 6202-3-92A J 9219 Second Street S.W.
Pedestrian Lighting from Broadway to First Avenue S. W. Having no
one present that wished to be heard, President Selby asked for a
motion to reschedule this hearing for July 7, 1993. Senjem moved,
Hunziker second to reschedule the hearing. Ayes (7), Nays (0).Motion
carried. Resolution No. 306-93 was adopted.
A Hearing on -the proposed vacation of 10 foot wide utility easement
located along the common lot line of Lots 5 and 6, Blk 4 and
Lot 10 and 11 Block 4 Green Meadows Fifth Sub. Having no one present
that wished to be heard,President Selby closed the hearing. Senjem
moved, McConnell second to adopt Resolution No. 307-93 approving
the vacation. Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed assessments against the properties
for the following charges:
Resolution No. 308-93 Snow Removal - J 7022
Resolution No. 309-93 Weed Removal - J 7021
Resolution No. 310-93 Tree Removal - J 7024
Resolution No. 311-93 Sewer and Water Delinquent Charges -
Having no one present that wished to be heard, President Selby closed
the hearing. Hunziker moved, Canfield second to adopt the Resolution,
as listed above. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Evans second to approve the following items as listed
on the "Consent Agenda".
Approval of the minutes of June 7, 1993.
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Approving the City Council's support for the submission of a Grant
Application/ Rochester Olmsted Housing Partnership.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 21, 1993 4113
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C-3 I Approve the following licenses and bonds:
Auctioneer - Keith Dicke - Goodhue Mn.; Gilbert W. Gutknecht;
Todd Houghton - Red Wing; Ronald Lee Sheridan , Zumbrota, Mn.
Cigarettes - Over the Counter - Minottis' A Taste of Italy -
formerly Ramada Inn).
Heating Contractor - Rochester Design Center
Master Installer - Robert A. Decklever of Byron, Mn.
David J. Gelgeson of Rochester, Mn.
Sewer and Drain - Ames Construction, Inc. Burnsville, Mn.
Sidewalks - Cement - Wilbert Crawford,Roch.Mn.; Rick Larson Const.
Si ns - Meyer Signs, Mazeppa, Mn.
Misc. - Rochester Track Club - Running race - 7-24-93
Rochester Jaycees - 4th of July Kiddie Parade 7-3-93
Wasioja Group of Sierra Club - Centurion Bicycle Ride 7-11-93
John Benike - Amplified Music 6-18-93 4-8 P.M.(prior approval was
given )
Auction - March of Dimes - Radisson Hotel Centerplace 9-9-93.
C-4 Request to conduct the annual 4th of July Fireworks Display
sponsored by the Rochester Post Bulletin.
C-5 Approve the Accounts Payable in the amount of $823,279.05 -List on
file with the City Clerk.
C-6 Adopt Resolution No. 312-93 authorizing the City Clerk to advertise
for bids on Project 6219-4-93 J 9269 - Street Construction on 19th
Street N. W. from Valleyhigh Drive to West of 32nd Avenue N.W.
Bids to be opened at 11:00 A.M. on July 28, 1993. Ayes (7), Nays (0).
Motion carried.
E-1 Senjem moved, Hunziker second to appropriate $6,000 from the
Contingency Account to fund the purchase of the PASS devices -
( Personal Alert Safety System Sevices for the Fire Dept.). The
projected cost will be between $5-6,000.00. Ayes (7), Nays (0).
Motion carried.
E-2' Discussion was held by the Council on the request for a settlement
of claims from the City of Argyle on a fire truck purchase it made
from the City of Rochester on Nov. 4, 1991. The City of Argyle
paid $17,600. for a 1971 International Fire Truck "as is". However,
the City of Argyle incurred a bill of $4,570.58 in order to get
this truck working - They would like the City of Rochester to pay
half of the bill or a total of $2,285.29 for repairs, etc.
President Selby commented on the fact that they waited two years
before they came back to the City for cost participation. Council -
member Senjem is not in favor of paying this request. He stated they
bought it as is and our Fire Dept. checked it out and it was in work-
ing condition.
Canfield moved, McConnell second to pay the $2,285.29 to Argyle
with the condition that they release the City of. Rochester from furth r
expenses. Upon Roll call vote, Councilmembers Canfield, Hunziker,
Myhrom and President Selby voted aye. Councilmembers Evans, McConnell
and Senjem voted nay. Motion carried and Res. 313-93 was adopted.
Ayes (4), Nays (3).
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4�14 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 21, 1993
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Canfield moved, Hunziker second to adopt Resolution No. 314-93
approving the agreement to fund the purchase of a Home at the
Rochester Gas Manufacturing Site. This is located at 209 2nd Ave.
N.E. This is needed for potential clean-up of the contaminated
material at the former Rochester Gas Manf. Site. The City will
pay 1/3 , Peoples Nat. Gas 1/3.and Interstate Power 1/3.
Ayes (7), Nays (0).Motion carried.
Senjem moved, Hunziker second'to adopt Resolution No. 315-93
seting a hearing for July 19, 1993 on the proposed vacation of
a Sanitary Sewer and Storm Sewer Easement at 1064 Plummer Lane S.W.
Ayes (7), Nays (0).Motion carried.
Hunziker moved, Myhrom second to adopt the following resolution
approved by the Rochester Public Utility Board:
Resolution No. 316-93 approving an agreement with TMI Coatings,
St. Paul, Mn. for 1993 repair/repainting of four water towers.
The cost is $669,760.00. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Myhrom second to approve the transfer of the On -Sale
Intoxicating Liquor and Sunday from Midwest Rest. Assoc. Inc.
to Apple American Limited Partnership of Mn. DBA Applebee's
Neighborhood Grill and Bar - 320 Apache Mall. Ayes (7), Nays (0).
Motion carried.
Myhrom moved, Hunziker second to adopt Resolution No. 317-93
approving the purchase of three coin -operated copiers for the
Public Library. The contract is with Johnson Company for a period
of 2.5 years. Ayes (7), Nays (0).Motion carried.
Canfield moved, Senjem second to adopt Resolution No. 318-93
authorizing the Mayor and the City Clerk to execute the agreement
(contract) with Jere Lantz as the Rochester Symphony Music Director
for the period of July 1, 1993 to June 30, 1994 in the amount of
$32,000.00. Ayes (7), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resolution No. 319-93
approving the MHFA REhabilitation Loan Program Application Phase VII
for Olmsted Co. inclusive of the City of Rochester. Ayes (7),
Nays (0).Motion carried.
Hunziker moved, Senjen second to adopt Resolution No. 320-93
approving a revocable permit for the 13 Mayo Clinic Guide Signs
and accepting the self-insurance program and naming the City of
Rochester as an additional insured. Ayes (7), Nays (0).Motion
carried.
McConnell moved, Senjem second to table Item 11 - Awarding the
bids for Construction of llth Avenue N. W. from 34th St. N.W. to
37th St. N.W. until after the tabled G-1 item. Ayes (7), Nays (0).
Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 41�5
Adjourned Meeting No. 11 - June 21, 1993
Agenda
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E-12 Senjem moved, Hunziker second to adopt Resolution No. 321-93 and
322-93 ordering a feasibility report and ordering a hearing to be
held on July 19, 1993 on Project 7106-93 J 9263 - Bituminous Overlay
Curb and Gutter on East Frontage TH 52 from 41st St. to 500 Ft. N. o-
Pennington Ct. N.W. Ayes (7), Nays (0).Motion carried..
E-13 McConnell moved, Hunziker second to adopt Resolution 323-93 and
324-93 declaring the costs to be assessed and ordering a public
hearing to be held on.July 19, 1993 on Project No. 7308-0-73
J 8485 - ( Postponed against Plat 5250 and Parcel 3812 ) - Trunkline
San. Sewer Alg CNWRR from E. Ln N. W. 1/2 N. W. 1/4 Sec. 34-107-14 tc
W. Ln S.E. 1/4 Sec. 29-107-14. Ayes (7), Nays (0).Motion carried.
E-14 Canfield moved, Senjem second to adopt Resolution No. 325-93 and
326-93 declaring the costs to be assessed and ordering a public
hearing to be held on July 19, 1993 on Project 8403 J 8856 -
( Postponed against Plat 5175, Parcel 3600 ) for.San. Sewer
and Watermain Ext. to serve property in the vicinity of East River
Road and 37th St. N.W. Ayes (7), Nays (0).Motion carried.
E715 Senjem moved, Hunziker second to adopt Resolution No. 327-93
awarding the low bid of C.B.I. Na-Con, Inc. (Alternate Bid )
of $505,000. for Project No. 9217 J 9266 -Construction of a Water
Tower to serve the High Level District at the Rochester Airport
area. Ayes (7), Nays (0). Motion carried.
E-16 Hunziker moved, McConnell second to adopt Resolution No. 328-93
awarding the low bid to Innovative Contractors, Inc. for $14,455.45
for Project No. 6311-4-92A J 9244 - Construction of Concrete Curb
and Gutter and Driveway approaches on the West Side of llth Avenue
N. W. from loth Street N. W. to 12th Street N. W. Ayes (7), Nays
(0).Motion carried.
E-17 Senjem moved, McConnell second to adopt Resolution No. 329-93
awarding the low bid of $148,191.50 to Elcor Construction Co.
for Project No. 6205-4-92 J 2155 - Storm Sewer Replacement in
2nd Avenue N. W. from North Line DM & E RR to 5th St. N.W. and
in 5th St. N. W. from 2nd Avenue N. W. to North Broadway. Ayes (7),
Nays (0).Motion carried.
E-18 Discussion was held on the Grading Plan for Greenview Townhomes.
Wishing to be heard was Cecelia Day of 1911 Greenview Place S. W.
She wants to be sure that this grading plan takes care of the
huge amounts of water that will congregate during.a storm. This
development will channel this water into a yet lower place to drain.
IF it is not taken care of, it will come right at her home and
she is not fond of that thought. She was advised by the Public
Services Dept that this will not happen, but they would be happy
to meet with her on Tuesday, June 22 and her neighbors and the
developer on this problem. Having no further conversation,
McConnell moved, Hunziker second to approve the grading plan for
the Greenview Townhomes PUD providing it is worked out with
the Public Services Director that this is satisfactory. Ayes (7),
Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4��6 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 21, 1993
Agenda
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Hunziker moved, Myhrom second to adopt Resoltuion No. 330-93
authorizing the payment of $7,850.00 to. Ken and Shirley Herman for th
acquisition of 8,514 square feet in permanent channel easement for th
Bear Creek Flood Control Proejct. Ayes (7), Nays (0).Motion carried.
An Ordinance Annexing to the City of Rochester a portion of the NW
1/4, the N 1/2 of S.W. 1/4 of the NW 1/4 of the SE 1/4 and the
NE 1/4 of Sec. 5 and a portion of the NE 1/4 and the SW 1/4 of Sec.
6, T 107N R13W, Olmsted Co. Mn. was given its first reading.(Marion
Twp.).
An Ordinance Rezoning certain property and amending Ord. 2785 to R-2
( R.E.Payne ) was given its first reading.
An Ordinance Amending Sec. 73.04 of the RCO Relating to the obstructil
of public thoroughfares in the City of Rochester was given its second
reading. Hunziker moved, McConnell second to adopt the Ordinance as
read. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Senjem second to adopt Resolution No. 331-93
approving an Owner contract with McGhie and Betts, Inc.
Elcor Const. and Penz and Mohn for Basic Construction in Bel -
Air 7th Sub. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Senjem second to remove the Appeal for Kwik Trip,
Inc. from the table. Ayes (7), Nays (0).Motion carried.
Hunziker moved, Senjem second to reverse in its entirety the decision
of the Zoning Board of Appeals in Variance 93-10 granting Kwik Trip
Inc. a variance allowing access onto a local residential street
consistant with the attached Findings of Fact and Conclusions of
Law and Order with one change to Page 4 of the "Findings of Fact"
and that would be to add the word "not" to read --- is not in
harmony with the general use and intent of the ordinance, and will
not adversely affect implementation of the Comprehensive Plan; and ---
Ayes (7), Nays (0).Motion carried.
Hunziker moved, Canfield second to remove the tabled awarding of the
bids for Proejct 6311-4-92 J 9242 - Construction of llth Avenue
N. W. from 34 to 37 St. N.W. Ayes (6), Nays (1).Motion carried.
Councilmember Senjem voted nay.
Councilmember Senjem still would like to have more discussion on
his concerns about the road and if this could be dead -ended, or
some other thing worked out to make the neighbors happy. Council -
member Hunziker stated that this was approved a long time ago and
this is just approving a low bid. Councilmember Hunziker also does
not think that you can keep isolating neighborhoods so that traffic
cannot go thru. He feels our emergency vehicles also have to be
able to move quickly and not get involved with dead-end streets
or cul-de-sacs. Senjem moved, McConnell second to table this.
Ayes (2), Councilmember Senjem and McConnell voted aye. Nays (5),
Motion did not carry.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meetinq No. 2 : June 21. 1993 4117
Agenda
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E-11 Hunziker moved, Canfield second to approve the low bid of
$52,922.00 with Elcor Construction Company. Ayes (5), Nays (2).
Councilmembers Senjem and McConnell voting Nay. Motion carried.
Resolution No. 332-93 was adopted.
Having no further business, Canfield moved, Hunziker second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried.
(' �)' " � � Gr'
), L � �-� - / ) -
,ty Clerk
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