HomeMy WebLinkAbout11-01-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 1 1993
'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.
A Hearing on the Proposed vacation of a five foot wide utility ease-
ment on the N. side of Lot 12,B1k 3 Elton Hills East llth Sub.
( Jim Zi6ser ( Mayo Foundation ). Having no one present that wished
to be heard, President Selby closed the hearing. Senjem moved,
Hunziker second to adopt Resolution No. 568-93 approving the vacation
Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed Final Plat of Baihly Heights Seventh Sub.
Having no one present that wished to be heard, President Selby
closed the hearing. McConnell moved, Evans second to adopt Resolutioi
No. 569�--93 approving the plat. Ayes Ayes (7), Nays (0).Motion carried
A Hearing on the Proposed Final Plat known as Cimarron 16th. Wishing
to be heard was Joan Woods of 602 llth Avenue N. W. on behalf of
the applicant and was present for any questions the Council may have.
Having no one else present that wished to be heard, President Selby
closed the hearing. Hunziker moved, Canfield second to adopt
Resolution No.570--93 approving the plat with the conditions as
listed by the Planning staff and add an additional No. 5 condition
�ow s - 5. Thi i_s b s d on.the_second road ing'and__adoption of
ie 8r81 nance to sbe- rear.Eater thi s evening. -
Ayes (7), Nays (0).Motion carried.
A Hearing on the proposed Permit Parking of 13th Ave., 16th Ave. and
16th St. N.W. Wishing to be heard was Roberta Burg of
1520 16th St. N.W. and was in favor of the proposed parking by
permits. Having no one else present that wished to be heard,
President Selby closed the hearing. McConnell moved, Evans second to
adopt Resolution No.`570A-93 approving the request. Ayes (7), Nays (0)
Motion carried.
A Hearing on the General Development Plan No. 93-114 Type III, Phase
III Process for the Cook -Thompson Properties. Wishing to be heard
was Bill Tointon of McGhie and Betts, Inc. and presented the plan
for the area. Mr. Tointon stated that they satisfied all requiremen
that were listed (3) and urged the Council to approve this plan.
The plan called for single family homes in the area and they were
not going to start to develop this yet, but when they do, this is
what would be the plan. Councilmember Hunziker asked how much
development would be done soon in the area before Fox Valley Drive
is completed. Gary Neumann, -Assistant City Adm. stated that they
do not have the exact number yet but that number could be negotiated
on before the final plat is brought before the Council.
Wishing to be heard was Eli Knutson of 802 23rd Avenue S. W. and is
opposed to this development. He does not want this to eventually
be backed up and connected to 23rd Avenue S.W. Also wishing to be
heard was Kim Klampe of 607 23rd Ave. S.W. He stated that if 23rd
is extended, then eventually they will be brought into the City,
and he is opposed to this development. Also they would be using the
roads again to haul things to the dev. and he does not want the
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 November 1, 1993
COUNCIL 11
Agenda
Item
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expense of the roads that may have to be repaired_;or•rebuilt added
to his property.
Wishing to be heard was Robert Peterson of 302 23rd Ave. S.W.
and is opposed to this dev. but not opposed into coming into the
City. Having no one else present that wished to be'heard, President
Selby closed the hearing. Senjem moved, Hunziker second to
adopt Resolution No. 571--93 approving the plan with the conditions
as listed and additional condition - that the number of lots be
included on the final plat before the Council will consider approvinc
it. Ayes (7),-Nays (0)."lotion carried.
A Hearing or) the Type III Conditional Use 93-23 for a Restricted
Development — Preliminary Plan - consisting of the -Adaptive Reuse of
a Church located at 804 East Center Street.
Wishing to be heard was Ken Rhomert, applicant for Kozy Creations.
He lives at 1620 38th St. N. W. and stated that he would like to use
the church as a place ( mail - order type ) for wrought iron
handicrafts. He stated that this type of craft is sold via catalog
and shows, schools, etc. He.'li only havetwo employees - himself and
his son. The UPS truck will come once a day and that should be
about all the traffic generated. The top will be used as a church
as is the use now.
Councilmember "lyhrom asked about the sales and if this would be
a problem with traffic. He stated that he has deliveries only a
couple of times a week for supplies and again, the UPS truck comes
once a day.
Wishing to be heard is opposition was Joe Guyse of 7340 Co. Rd. 19th
Ave. N. E. he owns property at 807 East Center St. and brought in
a petition of 25 homeowners in the near vicinity who are also
opposed. He does not want to lose the character of the neighborhood
by allowing a business in a "church". They would like to have this
remain as a church - possibly selling it to another church.
Wishing to be heard was Paul Breshirme of 4475 57th St. NA,!. and
was the pastor of the church before it became vacant and they moved.
He stated that they did.not have offers from another church that
could afford to buy it. They tried to sell it at a lower price and
they just could not do it. He urged the Council to approve this
change.
Wishing to be heard was Ron Braasch of 623 Woodhaven Ct. N.E. and
was the Realtor for the property. He stated that he could not get
any offers from another congregation that could afford this and so
this business was a good thing to have in the church and still
allow the small congregation to use the upstairs.
Wishing to be heard was Marie Halverson of 115 8th Ave. S. E. and
is in favor of this business/church. Also in favor was Joe
Welder of 703 East Center Street and Pete Barbraul of 3589 6th
St. S.W. ( Assoc. Pastor of the new church that would be renting).
After Council discussion, and having no one else present that wished
to be heard, President Selby closed the hearing.Sen,jem moved,
Myhrom second to adopt Resolution No. 572-93 approving the request
with the conditions as listed on the Planninq Commission ?�epdrt
as follows: I. Signage for the site be limited to 24 sq. ft. as
permitted in the underlying zoning district for area accessory dev.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4 9 0 Regular Meeting No. 13 - November 1, 1993
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B-6 2. Any.future'alterations or additions to the structure comply
with the applicable underlying zoning district standards.
Ayes (T), Nays (0).Motion carried.
B-6 Canfield moved, Hunziker second to include the waiving the final
plan stage for the application. Ayes (7), Nays (0).Motion carried.
C-1-8 Canfield moved, Evans second to approve the following consent agenda
C-1 Approve the minutes of the October 18, 1993 meeting.
C-2 Approve the following licenses and bonds:
Gambling - Elks Lodge 1091 - Renewal Premise Permit.
Minn. Deer Hunters Assoc. Austin, Mn. -Raffle At Mayo Civ. Aud. 4-9-1
Master Plumber - Harty and O'Conner Mechanical- Austin, Mn.
C-3 Approve the Accounts Payable i'n the amount of $1,849,196.57
fist is on file with the City Clerk.
C-4 Approve the proposal of Wallace, Holland, Kastler Schmitz and
Company for engineering services, inspection.and rating of bridges
in Rochester - 31 total for a cost of $4,500.00.(Res.573-93 )
was adopted.
C-5 Adopt Resolution No.574'-93 authorizing payment for additional work
covered under Supplemental Agreement No. 1 for Project No. J 4883-40
in the amount of $1,450.00.
C-6 Adopt Resolution No. 575--93 and 57.6-93 ordering a feasibility report
and a public hearing for December 8, 1993 on Project No. 6204 1/2
4-93 J 9264 - St. Reconstruction, Con. Curb and Gutter and Sidewalk
on 4 1/2 St. N. W. from 11th.Ave. to 13th Ave. and on 13th Ave.
N. W. from 4 1/2 St. N. W. to 5th Place N. W.
C-7 Adopt Resolution No. 577=93:,and 578-93 declaring the costs to be
assessed and ordering a .public hearing for Jan. 3, 1994 on
Project No. 6311-4-92 J 9242 - St..Construction on llth Ave. N. W.
from South of 34th St. N.W.to 3.7th St. N. W.
C-8 Adopt Resolution No. 5.79 -93 and 580.-93 declaring the costs to be
assessed and ordering a public hearing for Jan. 3, 1993 on Project
No. 6251 J 8569 - Const. of Water Tower, Booster Station and Conn.
Watermain to serve S.W. High Level Dist. N. of Salem Rd. and East
of CSAH No. 122.
Ayes (7), Nays (0).Motion carried.
D-1 Sheri Wheeler of 2228 13th Ave. N. W. wished to be heard and
suggested to the Council that a manual he developed which would set
policy for the basic role of the City. Council. This manual could
include hiring practices for department heads, training of employees.
This would especially be useful for new Council members and provide
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regul a.r Fleeting No. 13 - November 1, 1993 4191
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D-1 information for the general public qivinq them a clear overview of
city government and what the public could expect of the local
government and its employees.
The Council thanked Fos. Wheeler and took the suggestion under
considerati-on.
Councilmember Myhrom stated that.a manual does not necessarily make
government work. He cited the military and general communistic
rules are run from manuals and are not that successful at times.
Councilmember Senjem stated that when he was on the Park Board they
had a manual of operational type and that helped him a lot. He
would like to see the possibility of a manual studied.
Councilmember Canfield stated that. the Strategic Planning Meeting
is where this type of suggestion should be focused and they would
take the suggestion under advisement. He also invited Ms. Wheeler
to join them at the next meeting and present her proposal.
E-1 Hunziker moved, Evans second to adopt Resolution No.`581",_93
accepting the employment of David Kaplar: including his terms'
and conditions as Fire Chief. Ayes (6), Nays(1). Councilmember
McConnell voting nay. Motion carried. Councilmember McConnell
stated that he is weary of all the conditions that were included
in Mr. Kaplar's employment. He stated that is wasn't fair to the
current employees.
E-2 Canfield moved, Hunziker second to appoint Richard Freese as Public
Services Director,approx. December 1, 1993 at a starting salary of
$78,330. This would be increased to $81,000 after completion of
a six months probationary period.
Councilmember McConnell stated that he would be voting nay because
he feels promotion from within was.what should have happened. He
named numerous other City employees .who have been promoted from with-
in and they have been an asset to the City. He stated that we have
qualified people to be promoted and that is why he is voting nay.
Councilmember Evans agreed with Councilmem;)er McConnell. He stated
that we do have qualiifed people to promote and it would cost the
City approx. $8,300. to hire someone else. This is for moving ,
additional salary, etc.
Roll call.vote was taken with Councilmembers Canfield, Hunziker,
Myhrom ,Senjem and President Selby voting aye. Ayes (5), Council -
members Evans and McConnell voted nay. Nays (2). Motion carried.
E-3 Hunziker moved, Senjem second to approve the transfer of $14,800.
from the General Fund Contingency Acct. to fund the purchase of
Optical Report Storage System. Ayes (7), Nays (0).Motion carried.
E-4 Hunziker moved, Evans second to adopt.Resolution No. 582--93
retaining House siding windows and roofing for $6,240. for the
siding, gutter and window replacement work at the city -owned home
located at 502 5th Ave. S.E. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 13 - November 1, 1993
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Myhrom moved, Evans second to adopt Resolution No.'583 -93 approving
the Release Agreement with Vetter and Chambers properties concerning
the connection of a private sewer system to the public sewer system.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Evans second to adopt Resolution No.584--93
approving the Acquisition of land rights from Stoltenberg/Meyer
property /Stage 4 Flood Control Project. Ayes (7), Nays (0).Motion
carried.
Hunziker moved, Senjem second to approve the following allocations
for the 1994 Community Development Block Grant:
Public Service Requests
ARC of Olmsted Co.
Omnia Fam. Services
HRA MCPP Program
Child Care Resource and Referral
Barrier Removal/Acq. Rehab.
City of Rochester Park and Rec..
City of -Rochester - sidewalk Barr.
Removal
Habitat for Humanity
Bear Creek Services
' EQlCIL
Ability Building Center
Zumbro Valley Mental Health
Contingency
TOTAL
Ayes (7), Nays (0).Motion carried.
$8,000.00
4,000.00
3,000.00
36,000.00
40,000.00
87,000.00
15,000.00
10,000.00
12,000.00
15,000.00
7,800.00
3,200.00
$241,000.00
Canfield moved, Evans second to adopt Resolution No. 5,85.93 approvini,
the revised agreement for Graham Arena Management. Ayes (7), Nays
(0).Motion carried. This is with Olmsted County.
Canfield moved, Myhrom second to adopt Resolution No.586'-93
approving the Chateau Theater Phase II Agreement. This is with
Chateau Plaza Limited Partnership. Ayes (7), Nays (0).Motion
carried.
Senjem moved, Evans second to adopt Resolution No.58.7"�93 approving
the purchase order with Cannon Technologies, Inc. for Load Managemen"
equipment in the amount of $30,696.00. This is for the Public
Utility Dept. and was approved by the Public Utility Board.
Ayes (7), Nays (0).Motion carried.
Myhrom'moved, Evans second'to approve the insurance of an On -Sale
Intox. Liquor and Sunday license for- Restech Partners, Inc. DBA
TGI Friday's at 300 Hwy 52 North pening all the paperwork being
submitted and department inspections approved.
Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHEST.ER, MINNESOTA
Regular Meeting No. 13 - November 1, 1993 4193
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E-12 Senjem moved, Evans second.to.adopt Resolution No.588 -93
establishing procedures relating to compliance with Reimbursement
bond regulations under the Internal Revenue code. Ayes (7), Nays
(0).Motion carried.
E-13 Hunziker moved, Evans second to adopt Resolution No.-589,'-93
approving the Replacement for Wetland in Cimarron 16th Sub.
Ayes (7), Nays (0).flotion carried.
E-14 Hunziker moved, Canfield second to adopt Resolution No.5:90�-93
approving the Replacement for Uetlands in Arends Industrial Park.
Ayes (7), Nays (;0).Motion carried.
E-15 Hunziker moved, Evans second to adopt Resolution No. 59.1-93 approvin(
the lease agreement of City property at'1108 5th Avenue N. W. at
$500.00 per month plus utilities. Ayes (7), Nays (0).Motion carried.
E-16 Hunziker moved, Senjem second to adopt Resolution No.-592-93
authorizing the contract with Kruesel Auction Co. to conduct a
salvage auction on eight homes and two businesses. This is in
conjunction with Stage 3 of the Cascade Creek Flood Control Project.
Ayes (7), Nays (0).Motion carried.
E-17 Hunziker moved, Senjem second to adopt Resolution No.593,1-93
approving the Parking removal on 8 1/2 St. S.E. East of 15th Ave.
S.E. Ayes (7), Nays (0).Motion carried.
t-18 Canfield moved, Senjem second to adopt Resolution No.594--93
deleting Para (209.5) from Sec. B No Parking Lones on 14th Ave.
S.W. from 7th St. to 9th St. and remove the present restrictions.
Councilmember Canfield made the motion bowing to the wishes of the
neighborhood but he personally thinks it may be a mistake. Ayes (7),
Nays (0).Motion carried.
E-19 McConnell moved, Senjem second to adopt Resolution No.595=98
adding para. (269) to Sec. B to No Narking Zones to read:
(269) - 55th St. N.W. on both sides from Co. State Aid Hwy 22 West
wherever the roadway is in the City Limits at all times. Ayes (7),
Nays (0).Motion carried.
E-20 Myhrom moved, Evans second to adopt Resolution No.596.-93 authorizinc
execution of a lease agreement for property at 433 loth St. N. 14.
at $425.00 per month plus utilities. Ayes (7), Nays (0).Motion
carried.
F-1 An Ordinance Annexing'to the City approx. 53.3 acres of lands in
W 1/2 of the SE 1/4 of Sec. 17, T107NR14W (Alpha Realty ) was given
its second reading. Canfield moved, Senjem second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning to M-1 Lt. Ind. ) various properties located
in the City of Rochester approx. 200 acres north of the Rochester
Airport was given its second reading. Canfield moved, Myhrom second
to adopt the Ord. as read. Ayes (7), Nays (0).Motion.carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
-- CITY OF RROCHESTERR, M N ESOTA
4 9 4 Regular Meeting No. 13 - Nov. 1, 1�9,
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An Ordinance Rezoning to R-1 and R-2 Mix.(Sing..Fam. and Low Den.
Res. ) certain property located in the E 112 of Sec. 16 T 107N R 14W
Olmsted Co. Mn. in the area.of.Cimarron 15th and Pennington Business
Park 6th Sub. was given its second readSng. Senjem moved, Myhrom
second to adopt -the Ordinance as read. Ayes (7), Nays (0).Motion
carried.
Senjem moved, Canfield second to adopt Resolution No.,597=-93
approving the owner contract for basic construction in Baihly
Heights 7.th Sub. with. Younge Dev. and Road Constructors, Inc.
Ayes (7), 'Nays (0).Motion carried... .
Having no further business, Myhrom moved, Canfield second to adjourn
the meeting. Ayes (7), Nays (0).Motion carried.
City Cler
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