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HomeMy WebLinkAbout07-19-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ourned Meeting No. 4- July 19, 1993 4123 Agenda Item 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. 11 B-1 A Hearing on the proposed vacation of a five foot wide utility easement located along the S. boundary of Lot 7, Block 2, Meadow Park 6th Sub. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resolution No. 351-93 approving the vacation. Ayes (7), Nays (0).Motion Carried. B-2 A Hearing on the Final Plat of Elton Hills Business Park. Having no one present that wished to be heard, President Selby closed the hearing. Myhrom moved, Canfield second to adopt Resolution No. 352- 93 approving the plat. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed Final Plat of Northern Heights East Ninth Subdivision. Having no one present that.wished to be heard, President Selby asked for this hearing to be continued. Senjem moved, Evans second to continue the hearing until August 16, 1993. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed vacation of the old sanitary and storm sewer easement located on Lot 21 and the N 1/2 of Lot 42, Belmont Slope Addition ( 1064 Plummer Lane S.W.). Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Myhrom second to adopt Res.,. No. 353-93 approving the vacation.,'' Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Annual Review of the Rural Service District Parcels. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Evans second to adopt Resolution No. 354-93 approving the review and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0). Motion carried. B-6 A Hearing on the Zone Change Request 92-6 from the R-1 District to the M-1 District on Approx. 200 acres located directly North of the Airport. Wishing to be heard was Fred Suhler, Jr. , Attorney for Leon DeCook one of the property owners. Mr. Suhler pointed out that the land in question is partly guarded by the zoning of the airport. Part of the land is heavily wooded and the area to be considered in the zoning is really a small part of this area. Mr. DeCook just wants to have the opportunity to do something with his land in the future. He is opposed to the zone change. Wishing to be heard was John Arnold, Attorney at 550 Norwest Bank Building. He represented Bob Ashton, Wayne Reynolds and Carlton Penz, land owners in the proposed district. This zone had been designated Residential and nothing has changed since 1978. South Pointe (Wayne Reynolds ) has developed on 5 acre lots and the Airport Zoning Board would like to put more restricted zoning on this area. Mr. Arnold stated that these people in the entire propose zone change area would like to be able to build single family homes and live according to their intention when they bought the property. He is opposed to this change. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4124 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No- 4 - .bily 19, 1993 Agenda -Item It . Mr. Arnold also stated that if this zoning is left as it is for Residential, the property owners are willing to sign an easement for "Rights of Noise" and that should protect the City from having complaints from the property owners that the airport noise is disturbing them. Mayor Chuck Hazama asked to be heard and told the Council that Steven Leqve, Airport Manager was present and that he would be willing to share the happenings of our local airport and what may be speculated for the Twin Cities Airport and how this would affect our airport. Steven Leqve , Rochester Airport Manager pointed out on a map of the various zones that would be included in this proposed zone change. He pointed out that the airport runways controlled some of the zoning in a "fan" like area. Mr. Leqve stated that IF the current Mpls/St. Paul Airport stays in the same place as it is at present, then Rochester could get the military and cargo planes down here and that would involve expanding Runway 220 which would fly over the area in question. IF this was to happen, then the noise level would rise as the City would have much more traffic. Also, the reason not much noise is coming off 220 now is that it is not long enough for the bigger planes to land. This will be expanded and larger aircraft will be using this more and that will alone generate more noise even with the current usage. Mr. Leqve stated that the "noise" calls in the metro area are numerous and that Rochester could avoid this if proper zoning was in place before the many areas are developed and then the people will probably complain. Councilmember Myhrom asked Mr. Leqve when this Runway 220 will be expanded. Mr. Leqve stated that the summer of 1994 this will begin. In 1995 an environmental impact statement will be made and they hope.to do it... in 1996. Mr. Leqve also stated that this was in the 1974 Airport Master Plan and this will be updated this year. Councilmember Myhrom stated that if the City could get an easement with some "real teeth" into it then he would have no problem supporting the zoning to remain Residential. Councilmember Evans stated that he was in favor of leaving the residential. He felt that the people in the area should be.able to develop their land with the intent they may have had when they bought in the area. Councilmember Myhrom brought out the fact that even though the current property owners/dwellers are satisfied with the noise and could live with it, maybe homeowners that have bought the house the 2nd or 3rd-4th time around my be the people who will complain about the noise. He is concerned about that. Councilmember McConnell asked if the easements were received by the City on the noise level, could the City enforce them? Mr. Terry Adkins, City Attorney stated that he would need more time to researc this before he could make a statement. It was pointed out that part of Mr. John Arnold's testimony should be put under item B-7 and that Mr. Suhler, representing Mr. DeCook was only under B-6, but since they were related, President Selby left both men state their individual case under item B-6. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 19, 1993 4125 1 Agenda Item B-6 After Council discussion, Senjem moved, Myhrom second to continue the hearing for August 2, 1993 in order to give the City Attorney a chance to look up the suggestion for a "Noise easement". Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Land Use Plan Amendment 92-1 from the "Low Density Residential" Designation to a Nonresidential Designation and Zone Change Request 92-5 from the R-1 District to a Nonresidential Dist. This item is what Mr. John Arnold was referring to in Item B-6. Mr. Arnold and confirmed by Mr. Adkins, City Attorney that perhaps this item should be continued for the same reasons as item B-6. Wishing to be heard was Joe.Russell 5900 llth Ave. S.W. he is oppos, to this rezone. He is happy that Mr. Reynolds is building houses in Southpointe. Councilmember Evans again stated that he is in agreement with the people in the area that a person should be able to build on their own property. Councilmember McConnell stated that this is one of the most far- reaching things that came before the Council. He realizes that the developers invested millions of dollars.in the area and would like to use the property for houses. However, he also understands the problems with noise, planes, etc. Wishing to be heard was Ralph Russell of 5900 llth Ave.S.W. and does not have a problem with noise or planes landing. Wishing to be heard was Margo Mestad of 105 60th St. S.W. and has om acre of land. She does not have problem with the current use of the Rochester Airport, but would not like to have military or cargo planes land. Councilmember Myhrom asked Mr. Leqve if and what were the plans for the Runway 220. Mr. Legve stated the conditions of the wind which governs where a plane will land and the runway. After Council discussion, Hunziker moved, Myhrom second to continue this hearing for August 2, 1993 for more information as stated in Item B-6. Ayes (7), Nays (0).Motion carried. B-8 A Hearing.on the proposed project No. 7106-93 J 9263 - Street Resurfacing on the East Frontage Road TH No. 52 from 41st St. N.W. to 500 Ft. North of Pennington Ct. N.W. plus Concrete Curb and Gutter and Driveway approaches on the East Side from the N. line of Pennington Business Park 3rd Sub. to 500 Ft. North of Pennington Ct. N.W. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resolution No. 355-93 approving -the project. Ayes (7), Nays (0).Motic carried. B-9 A Hearing on the proposed Assessment ( postponed ) of Project No. 7308-0-73 J 8485 - Trunkline Sanitary Sewer along C.N.W. Railroad from East Line N.W. 1/2 N.W. 1/4 Sec. 34-107-14 to West Line S.E. 1/4 Sec. 29-107-14. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Myhrom second to adopt Resolution No. 356-93 approving the assessment - This is for $13,315.00 on Plat 5250 Parcel 3812. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 19, 1993 4 12 7 L' pi Agenda Item C-5 C-6 C-7 E-1 E-2 E-3 E-4 E-5 Adopt Resolution No. 359-93 authorizing the Director of Employee Relations to sign the agreement for the Summer, 1993 and the school year 1993-1994 which is for the Work -Study program. Adopt Resolution No. 360-93 authorizing the City Clerk to advertise for bids on Project 6502-93 J 9281 - Basic Construction in 19th Ave. N.W. from the N. Ln Stevens Court Sub. to the N. Ln Lots 7 and Allendale Sub. Bids to be opened at 11:00 A.M. on August 11, 1993. Adopt Resolution No. 361-93 approving the plans for 16th Street S.W. Bidge Deck Overlay Replacement. This is for SP 55-625-15 BHM 5881. Canfield moved, Evans second to approve the.Consent Agenda. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 362-93 authorizing the Rochester Public Utilities to become a member of Mid -Continent Area Power Pool (MAPP), in the amount of $80,000.00. Robert Pawelski, Public Utility Manager stated that becoming a member of this group would enable the City of Rochester Public Utility to use power exchanges. It is a group thing and we currently have SMMPA with which to do such things. Whereby we are going to be phasing out of the SMMPA we would need to belong to a group in order to market the power. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 363-92 authorizing the City under Chapter 192 of the Mn. State Statutes allowing eleigible employees electing early retirement to be restricted only to receiving an increase in the pension multiplier. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to approve the 'returning of the $105,320.00 to the Minnesota Housing and Finance Agency which is the allocator for the tax credits. Wishing to be heard was Jackie Payne of 1700 Northbrook Dr. N.E. and would like to see this money put to good use. Having no further discussion, vote was taken. Ayes (7), Nays (0).Motion carried. McConnell moved, Senjem second to adopt Resolution No. 364-93 setting a hearing for August 16, 1993 on the proposed vacation of a five foot wide utility easement located along the Ely lot line of Lot 8, Block 2 ( Richard and Linda Battey ). Ayes (7), Nays (0). Motion carried. Hunziker moved, Myhrom second to adopt Resolution No. 365-93 setting a hearing for August 16, 1993 on the proposed vacation of two utility easements by the Mayo Foundation ( Ozman Center ). Ayes (7), Nays (0).Motion carried.. Councilmember Senjem noted that he is an employee of the Mayo Clinic. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .4128 Adjourned Meeting No. 4 - July 19, 1993 Agenda Item E-6 Hunziker moved; Evans second to adopt Resolution No. 366-93 setting a date for a hearing for August 16, 1993 on the proposed vacation of the 2 1/2 foot wide utility easement located along the south property line of Lot 8, Blk 1 ( Jan Wilson ). Ayes (7), Nays (0).Motion carriec E-7 Senjem moved, Hunziker second to instruct the City Attorney to prepare an Ordinance to annex 25.10 acres of vacant land in the W 1/2 of the W 1/2 of SEc. 14, Cascade Township - North American Realty - Ayes (7), Nays (0).Motion carried. E-8 McConnell moved, Hunziker second to adopt Resolution No. 367-93 awarding the low bid of $28,938.00 to Winkels Electric Co. for Project No. 6202-3-92 J 9219. Ayes (7), Nays (0).Motion carried. E-9 Canfield moved, Hunziker second to adopt Resolution No. 368-93 approving the agreement with the DM & E Railroad to upgrade the existing RR crossing on 19th St. N.W. Cost to be approx. $29, 349.42. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester approx. 25.10 acres of land in portions of the W 1/2 of th W 1/2 of Sec. 14T107NR14W (North American Realty) was given its first reading. F-1 An Ordinance Amending Ord. 1466 relating to the designation of certain lands in the City of Rochester as part of the Rural Service -District was given its first reading. Hunziker moved, Evans second to suspend the rules and give this a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, Hunziker, McConnell,Myhrom and Senjem and President Selby voted aye. Ayes (7), Nays (0).Motion to suspend the rules was approved. The Ordinance was given its second reading. Hunziker moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City a portion of the SW 1/4 of the SE Quarter of Sec. 8, Portions of Sec's 17, 21, 33 and 34 and portions of the NE 1/4 of Sec. 20, T 107N R14W Olmsted Co. Mn. was given its first reading. McConnell moved, Hunziker second to suspend the rules and given this Ordinance a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom, Senjem and President Selby voted aye. Ayes (7), Nays (0).Motion carried. R-2 po rtions of property in the NE 1/4 F 1 An Ordinance Rezoning to p P P y of the NW 1/4 of Sec. 30 T 107N R 13W was given its second reading McConnell moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Annexing to the City of Rochester a portion of the NW 1/4 the N half -of the SW 1/4 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 W properties located at 2045 Hwy 14 E-P1aMor Ballroom T 106N R 13 ro Y P P 2145 Hwy 14 E and 287 acres of State owned land in Sec. 5 and 6 of Marion Twp. was given its second reading. Hunziker moved, Senjem seco to adopt the Ord. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 4 - July 19, 1993 4129 Agenda Item F-1 Canfield moved, McConnell second to adopt Resolution No. 369-93 approving an owner contract for Basic Construction i'n Eagle Ridge lst Sub. - Rodney Younge and Road. Constructors, Inc. Ayes (7), Nays (0).Motion carried. H-1 Hunziker moved, Canfield second to approve the closing of the street -all of 1st St. S. W. bet. 4 and 3rd St. S.W. Phase I - Phase II Aug 7 and 31 and Phase III Sept. 1 - Oct. 4, 1993 - See street listings on the letter on file with the.City Clerk. Ayes (7), Nays (0).Motion carried. Having no further busines, Myhrom moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk 1