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HomeMy WebLinkAbout09-20-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4164 CITY OF ROCHESTER, MINNESOTA AdinnrnPd MPPtinn No- 9 - September 20, 1993 Agenda Item A-1 B-1 WIA B-3 B-4 B-5 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 and Senjem. Absent: Councilmember Myhrom. A Hearing on the Previously Postponed Assessments on Project 6251 J 8569 - Construction of Water Tower, Booster Station and Connecting Watermain to serve S.W. High Level District North of Salem Road S.W. and East of CSAH No. 122. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Evans second to adopt Resolution No. 489-93 approving the assessment. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Assessments of Project No. 6237-92 J 9216 Installation of Sidewalk and Curb and Gutter on 37th Street N.W., TH No. 52 to 1200 Feet East of 15th Avenue N. W. Wishing to be heard was Darrell Sinclair of 1911 37th St. N.W. and was wondering how the interest on the money used to pay for the construction costs (Cit, was added into his total and could he have paid this interest up- front? Mr. Paul Utesch, Finance Director explained how the money is money that the City sells bonds for and that the interest charged is that rate that we have to pay. Mr. Sinclair wanted to know why the assessment took so long to be charged back to the property owners. Mr. Al Toddie, Public Services Dir. stated that this was a county project and that the City assessed this as,soon as the County gave us the figures. Mr. Toddie suggested that Mr. Sinclair call the County on that question. It was noted that the assessment for Gethsemane Lutheran Church was reduced by approx. $300.00 because of a mistake in calculations. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Senjem second to adopt Resolutio No. 490-93 approving the assessments.Ayes (6),Nays (0).Motion carried A Hearing on the Proposed assessments ( Previously Postponed ) on Project 6706-1,2,2A J 8185 - Water Tower and Trunkmains S.W. Low Level Area, Apache Tower. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, Senjem second to adopt Resolution No. 491-93 approving the assessments. Ayes (6), Nays (0).Motion carried. A Hearing on the Proposed Assessment on Project 8608-0-91 Street Construction, Sanitary Sewer, Watermain, Storm Sewer System, Subdrains and Service Connections in Fox Valley Drive from Salen Road to West Line Sec. 3. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Canfield second to adopt Resolution No. 492-93 approving the assessments. Ayes (6), Nays (0).Motion carried. (J-9185) A Hearing on the Proposed Assessments - Previously postponed for Project No. 8608-0-89 J 9125 - San. Sewer and Watermain in West Frontage Road CSAH No. 8 Future Fox Valley Drive and Baihly Hgts. 5th Sub. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved, McConnell second to adopt Resolution No. 493-93. Ayes (6),Nays (0).Motion carried. I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 20, 1993 4165 Agenda Item B-6 A Hearing on the proposed Final Plat to be known as High Springs. Having no one present that wished to.be heard, President Selby closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 494-93 approving the plat with the conditions as placed on this by the Planning Dept. Staff listed in the Request for Council Action. Ayes (6), Nays (0).Motion carried. B-7 A Hearing on the Land Sub. Permit - Preliminary Plat - Baihly Heights Seventh Sub. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Hunziker second to approve the "Findings of Fact" in favor of this preliminary plat with the 10 conditions as listed on the Request for Council Action. Ayes (6), Nays (0).Motion carried. B-8 A Hearing on the Permit Parking on 16th Avenue S.W. - 2nd Street to 5th St. Wishing to be heard was Dave Rossman, Traffic Eng. for the Public Services Dept. and presented a visual map of the area involved. Wishing to be heard was Kay Batchelder of 415 16th Avenue S.W. and that they did not sign the petition for the permit parking from 8 A.M. to 5 P.M. Mon-thru Fri. She stated that the neighbors have gotten together and would like this request amended to be "permit parking from 8 to 9 A.M. and from 3 P.M. to .5:30 P.M. Monday thru Friday. They would like at least 4 permits for household. She would like this effective from house number 216 16th Avenue S.W. to 439 16th Avenue S. W. She stated that she received 30 households that signed this new amendment and a total of 34 are in the area involved. When this was suggested to Mr. Rossman as an amendment, he stated that this could be done because we would be decreasing a request instead of enlarging a request. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved, Senjem second to adopt Resolution No. 495-93 to allow permit parking on 16th Ave S.W. within the zone of 216 7439 during posted hours of 8-9 A.M. until 3-5:00 P.M. Mon. thru Fri. with a maximum of 4 permits per household. Ayes (6), Nays (0).Motion carried. B-9 A Hearing on the proposed Special Assessments on Project 9106-J 9193 Sanitary Sewer, Watermain and Service Connections in 23rd Ave. S.W. 2nd St. S.W. to 4th St. S.W., 23rd Ave. to West Ln Hillcrest Sub. and in Highland Ct. 4th St. to 106' North. Wishing to be heard was James Buryska of 1311 Highland Ct. S.W. and stated that the work that was done is poor and the dirt is settling and the sod is bad. He is not happy with the job. Wishing to be heard was Chuck Willihnganz of 211 23rd Avenue S.W. and would like to know when he can appeal his assessment. He has an amount of approx. $12,000. and if the interest is charged on this for 10 years - seeing as he lives outside of the City limits, when and if he ever is annexed or hooks on to the improvements he will be asked to pay this amount which, with interest could amount to about $24,000. He also has the same problems such as sod no good, dirt settling, uneven sod, hard to mow lawn, and is not happy with the assessment or the job. 4166 Agenda Item me B-10 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned MPPtingNo_ 9—�September 20, 1993 Wishing to be heard was -Ed Garbish of 205 23rd Avenue S. W. and stated that the culverts were full and the water has to drain around them. The driveways will not last if this culvert situation is not taken care of. Wishing to be heard was Robert Peterson. He owns two lots and is also disturbed about the condition of the property when the contracto left. He is also disturbed about the length of time it took for them to finish the job. He thinks this is costing him twice as much. The road has an overlay and now is much higher then the dirt (side) fill. He is not happy. Wishing to be heard was Franicis Delaney of 2303 4th St. S. W. and is not happy with the way Hal Henderson is developing Aspens. They dig dirt to the edge of the hill - then with the rain it gets muddy and falls down on his property. He wants this building stoped until care is given to the dirt hill - such as bales of straw or some other form of erosion control. Steve Kvenvold, City Adm. stated that he had contacted Building and Safety and told them not to allow any more permits for building on this sub. until this problem is solved. A representative of 546 4th St. S.W. stated that on Friday, a couple of days ago, a couple of basements were dug. So, they are not stopping yet. Mr.Kvenvold stated that some of the permits were issued before he advised the Building and Safety Dept. of stop giving them out. That is why the basements were dug yet. Mr. Al Toddie, Acting Public Services Dir. and Gary Neumann, Ass't City Adm. both stated that in the spring the settled dirt, etc. will be inspected by the City and if problems occur, then they will be fixed. Wishing to be heard was Tony Potacek of 2412 4th St. S.W. and was also concerned about the condition of the project - re -sodding, filled culverts, the cement globs by the culverts which look bad. He is also concerned about the land that he has on the other side of the road . He was advised that this matter is a private legal matter between Elcor Inc. and Mr. Delaney. Also, he was told that a drainage plan had been submitted and none had. Wishing to be heard again was Chuck Willihnganz of 211 23rd Ave. S.W. and stated that the grading was changed for the road and thus it was not put back the way it was. Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, Canfield moved, Evans second to table this. Council would like a report back from. Al Toddie, Acting City Eng. on the construction which was not done correctly and when and how it will be corrected, etc. Ayes (6), Nays (0).Motion carried. A Hearing on the Site Planning Permit by Western Walls, Inc. for a Zone Change and Preliminary Plat to be known as Cimarron 16. Wishing to be heard was Bob DeWitz of 604 llth Avenue N. W. He urged the Council to approve this. He stated that they do not want commercial traffic in a residential dev. so they will not put a connecting road to Penn ington.'Dr.._ (Frontage.:Rd.')` 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4�67 Adjourned Meeting No. 9 - September 20, 1993 1 Agenda Item B-10 Wishing to be heard was Sandy Stubstad of 5101 24th Ave. N.W. and does not want a road to the car lot. They do not want traffic in their neighborhood. Wishing to be heard was Marie Striev of 4920 49th St. N. W. and does not want the street connecting either. Gary Neumann, Ass't City Adm. stated that the planning for this needs a General Development Plan. With that in mind, Evans moved, Hunzziker second to table.this for submittion of a General Development Plan for the area. Councilmember Canfield stated that he hopes that this plan is sufficient for the use of school buses as well as emergency vehicles. Ayes (6), Nays (0).Motion carried. B-11 A Hearing on the Type III, Phase III Conditional Use Permit for the Placement of fill within the Floodway. Wishing to be heard was Arnold Bomgaars of 805 7th Avenue S.W. and is the developer. He urged the Council to approve this. Wishing to be heard was Donald Borcherding of Yaggy Colby, Assoc. and outlined the property and the fill would be insignificant of the over-all project. Wishing to be heard in opposition was Judy Cole of 1638 loth Avenue S.E., a resident of 1820 loth Avenue S.E.; and a petition containing 20 names in households in opposition. Leo Loftus of 2602 Simpson Rd. S.E., Vern Letiz of 1706 loth Avenue S. E. ; Don Mesenbring of 16 1/4 St. S. E.Jerry Dubin of 1557 8th Avenue S.E.; Vern Leitz of 1720 loth Avenue S. E.; Henry Simanowski of 1814 loth Avenue S.E.; Gary Neumann, Assistant City Adm. explained how the dike! worked and how they would be of help to them in a possible flooding. Also opposed was Wayne Smut of 1806 20th St. S. E.; Wayne Smith of Southport and Joy Adams of 26th St. S. E. After lengthy Council discussion, Evans moved to deny the request. Having no second, the motion did not carry. After lengthy Council discussion, Canfield moved, Senjem second to approve this. Upon Roll.Call vote, Councilmembers Canfield, Hunziker and Senjem voted aye. Ayes (3), Councilmembers Evans, McConnell and President Selby voted nay. Nays (:3).Motion was a tie and did not carry. After further Council discussion, Canfield moved, Evans second to table the hearing because much needed information needs to be received and discussed. Ayes (6) Nays (0).Motion carried. This was tabled until October 4, 1993. C-1-6 Senjem moved, NcConnell second to approve the following Consent Agenda. C-1 JApprove the minutes of the September 8 meeting., C-2 Approve the following Licenses Cigarette - Over the Counter - Superamerica, Inc. - 5505 Hwy Asian Foods 607 N. Broadway Sound Amplification Permit - Misc. Activities - Rochester Race 9-25-93 and Bonds: KahYer Hotel Downtown'.Liquor Store 52 No. E Frontage Rd. and Khongchareun Nicole Spelhoug Sept. 10;.1993. Track Club - Stride for Fitness Road John Marshall High School Homecoming Parade--9-24-93 Mayo High School - October 1, 1993 Homecoming Parade. Knights of Columbus - 21st Annual Marathon - 10-2-93 Heating Contractor - Rinktec Int. Roseville, Mn. Master Installer - Daryl G. Cox - St. Paul,.Mn. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 46g CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 20, 1993 Agenda Item C-3 C-4 C-5 W E-1 E-2 E-3 Approve the Accounts Payable in the amount of $1,194,148.72 - list on file with the City Clerk. Approve the Appointment by Mayor Hazama of Dorothy Haley 2256 Valkyrie Dr. to the Planning and Zoning Committee. Term runs to December, 1995. Adopt Resolution No. 496-93 authorizing the City Clerk to advertise for bids on Project No. 9305- J 2240 Basic Construction, Elton Hills Business Park. Adopt Resolution No. 497-93 and 498-93 declaring the costs to be assessed and ordering a public hearing to be held on October 18, 1993 on Project No. 6311-4-92A J 924.4 - Curb and Gutter, Driveway Approaches on West Side llth Avenue N. W. from loth St. to 12th Street N. W. Ayes (6), Nays (0).Motion carried. Mary Wallace of 1500 1st Avenue N. E. wished to be heard regarding the upcoming R.S.V.P. Workshop on Sept. 23, 1993. She desired rebuttal time at the end of the R.S.V.P. presentation. She is ciposed to the "gay bashing" that this group will attempt to do and she is opposed to the video. Even though this is allowed by law, she does not think this group and the material it will present is in good taste and not a true picture of the gay/lesbian group/ individuals. Councilmember McConnell.stated that he did not equate the R.S.V.P. with the Ku Klux Klan. Council took no action. Evans moved, McConnell second to take back the motion to appoint Rick Lovett as Acting Fire Chief as per request of Rick Lovett. Ayes (6),Nays (0).Motion carried. EvaVn,s moved, Senjem second to appoint David Kaplar of California to the position of Fire Chief. Upon Roll call vote, Councilmembers Evans ;°,Hunziker and Senjem voted aye. Ayes (3), Councilmember Canfield, McConnell and President Selby voted nay. Nays (3).. Motion was a tie and did not carry. After Council discussion, .it was decided by the Council to bring this back for a vote when the entire Council will be present. No further action was taken at this time. Canfield moved, Senjem second to approve the firm of Smith, Schafer and Associates, Ltd to provide Audits for the City of Rochester for the five annual periods ending Dec. 31, 1993, 1994,1995,1996 and 1997. Ayes (6), Nays (0).Motion carried. Canfield moved, Senjem second to approve the voluntary contribution of up to $2,500. from the Contingency Account for the Coalition of Greater Mn. Cities Potential Additional 1993 additional expenses. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 20, 1993 COUNCIL 4169 Agenda Item E-4 Senjem moved, McConnell second to adopt Resolution No. 499-93 approving the Revocable permit for the Piper Jaffrey sign for the Broadway Hall subject to the provisions of the revocable permit including the hold harmless requirement. Ayes (6), Nays (0).Motion carried. E-5 McConnell moved, Hunziker second to adopt Resolution No. 500-93 affirming in its entirety the decision of the Zoning Board of Appeals regarding Variance 93-20 granting Casey's General Store Inc. access onto a local residential street consistent with the attached Findings of Fact, and Conclusions of Law and Order. Ayes (5), Nays (1). Councilmember Senjem voted nay. Motion carried. E-6 McConnell moved, Evans second to adopt Resolution No. 501-93 approving a resolution of the Public Utility Board on a contract agreement with No. States Power Company for the 1994 firm power transaction and that the Mayor and City Clerk execute said agreement. The amount to be $9,000.00. Approve Resolution No. 502-93 requesting the week of Oct. 3-9 as Municipal Public Power Week in Rochester, Mn. Ayes (6), Nays (0).Motion carried. E-7 McConnell moved, Hunziker, second to approve the purchase of a permanent easement interest from 3,837 sq. ft. to two adjoining properties owned by Everett Makepeace for $6,700.00. This is for the Flood Control Project. Ayes (6), Nays(0).Motion carried. E-8 Hunziker moved, McConnell second to adopt Resolution No. 503-93 approving the following changes to the parking as follows: (Section B No Parking Zones)- Amend Para 167.5 to read: 8th St. N. W. on the S. Side from Broadway to 2nd Avenue N. W. at all times. (Section H - Zone F - 2 hr. parking add para 3.65 as follows: 8th St. N. W. from Broadway to 2nd Avenue 8 A.M. to 5 P.M. Mon - Fri. Ayes (6), Nays (0).Motion carried. E-9 Senjem moved, Canfield second to adopt Resolution No.: 504-93 approving the parking restriction - 13th Avenue S. W. Center to 2nd Street as listed in the resolution. This was requested by -Roy;Sand'sGuest House - Ayes (6), Nays (0).Motion carried. E-10 Hunziker moved, Evans second to adopt Resolution No. 505-93 approving the low bidder of Progressive Contractors, -Inc. in the amount of $225,656.72 for Project 6311-4-94 J 2297 - Replace Bridge Deck on Bridge No. 55502 on llth Avenue N. W. over Cascade Creek. Ayes (6), Nays (0).Motion carried. E-11 The request for changes to Sewage Pretreatment Ordinance - RC076A was withdrawn from the agenda. F-1 An Ordinance Rezoning to B-4 General Business Dist. portions of property located in Lot 1, Blk 1, Cascade Ridge Sub. and a part of N 1/2 of the SE 1/4 of Sec. 9,Twp 107N R14W 6.88 acres was given RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4170 Adjourned Meeting No. 9 - September 20, 1993 Agenda Item F-1 F-1 F-1 F-1 its second reading. Evans moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Amending Sections 45.17 of the Rochester Code of Ordinances relating to Park Hours was given its second reading. McConnell moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. An Ordinance Creating chapter 91A of the Rochester Code of Ordinances Relating to the.regulation of Cable Television Services and Rates was given its second reading. Canfield moved, Hunziker second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 506-93 awarding the owner contract to Payne Company and Road Constructors, Inc. for Basic Construction in No. Heights East 9th Sub. Ayes (6), Nays (0).Motion carried. Having no further business Senjem moved, Evans second to continue the meeting until 5:00 P.M. on September 27, 1993. Ayes (6), Nays (0).Motion carried. City Clerk 1