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HomeMy WebLinkAbout04-04-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA �2< Regular Meeting No 25 - April 4, 1994 Agenda Item A-1 President Pro-Tem Canfield called the meeting to order at 7:00 P.M., the following members being present: President Pro-Tem Canfield, Councilemmbers Evans, Hunziker, McConnell, Myhrom and Senjem. President Selby arrived at 7:30 P.M., Absent: None. B-1 A Hearing on the proposed New Sidewalk Project No. 2-1994 J 9297 Willow Heights S.W. area. Having no one present that wished to be heard, President Pro-Tem Canfield closed the hearing. Evans moved Myhrom second to adopt Resolution No. 133-94 approving the project. Ayes (6), Nays (0).Motion carried. B-2 A Heari n on .the N�w' Sibdea.l k .raj 3-.1d994 ,� 9298. Havi ng no one-_= resent t�,at wise to e:, ear rest ent ro- 1�em.,,Canfield .clbsed_,the. hearing. McConnell moved, Myhrom second to approve the project. Councilmember Senjem asked if the Council had thought any more about the proposed sidewalk past'the Federal Medical Center - The Federal Govt. will not pay for this and the City would have to absorb this cost. IF this is not necessary, then maybe this should be eliminated from the project. McConnell's motion above included the 600' of sidewalk. McConnell then amended his motion to eliminate the 600 feet past the Federal Prison from the project. Senjem second. This motion was now voted on. Ayes (6), Nays (0). Motion carried. The original motion was now voted on. Ayes (6), Nays (0).Motion carried. Res. 134-94 was adopted. B-3 A Hearing on the proposed Final Plat to be known as Baihly Heights Eighth Sub. Having no one present that wished to be heard,Pres:Pro'=T &hfieldl closed the hearing. Hunziker moved, Evans second to approve the plat with the following conditions: 1. The grading plan for the final plat must be approved prior to re= cording of the plat documents. 2. Parkland dedication requirements be met by a deduction from the applicant's credit balance. 3. Prior to the construction of structures, accessibility for fire vehicles shall be present and maintained, and water supplies shall be present and available for fire fighting. Ayes (6), Nays (0). Motion carried. Resolution No. 135-94 was adopted. B-4 A Hearing on the proposed Final Plat to be known as Bandel Hills Seventh Sub. Having no one present that wished to be heard, President Pro=Tem Canfield closed the hearing. Senjem moved, McConnell second to adopt Resolution No. 136-94 approving the plat with the following conditions: I. Parkland dedication requirements be met by a cash dedication of 112,000. in lieu of land. This will be deducted from the applicant's credit balance — 2. Prior to the construction of structures, accessibility for fire vehicles shall be present and maintained, and water supplies shall be present and available for fire fighting.. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL C CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 4, 1994 Agenda Item B-5 A Hearing on the Zoning Ordinance Text Amendment relating to a maximum permitted sign height for pylon signs in commercial and industrial districts. Having no one present that wished to be heard President Pro-Tem Canfield closed the hearing. Hunziker moved, Evans second to approve the request and instruct the City Attorney to prepare an Ordinance for adoption. Councilmember McConnell asked if anything could'•be done with the large McDonalds Sign alread, up. He was told that it would be possible, but actions other than V in this request would have to be considered by the Council and Ordinance amendments made. Vote was taken. Ayes (6), Nays (0).Motic carried. B-6 A Hearing on the Revised General Dev. Plan for the Diamond Ridge arei Wishing to be heard was Chuck DeWitz of 604 llth Avenue N.W. and is in favor of the conditions but condition No. 3-the City would have to annex this part (1.61 acres of parkland) because the City would own this and the developer can't do anything at that point. Having no one else present that wished to be heard, President Pro- Tem Canfield closed the hearing. McConnell moved, Senjem second to adopt Resolution No. 137-94 approving the request with the condition! as listed on the Request for Council Action. Ayes (6), Nays (0). Motion Carried. B-7 A Hearing on the Type',ILI, Phase III Conditional Ilse for .the --propose Waterford.Dev. in -Part in•the;F•1_ood.Pr6ne Area_and'Excavation in the floodway. Having no one present that wished to be heard, President Pro-Tem Canfield closed the hearing. Questions were presented to the Council and it was desired to have another attorney present that dealt with this subject. Based on this, Hunziker moved, Myhrom second to table this until April 18, 1994. Ayes (6), Nays (0). Motion carried. B-8 A Hearing on the Basic Cable Television Rate Regulation Proceeding with GWC Seventy Three, Inc. ( TCI of Southern Minnesota, Inc.). Wishing to be heard was Bob Loos of TCI, Rochester. He stated thit this Request is for a rate change now to be effective Sept. 1993. They have word from FCC that another reduction will be coming in May, 1994. Even tho they have to have this action at this time, he is wondering if they could give the rate effective Sept. 1993 and the rate that would be coming in May, 1994 at the same time, thi! would save paperwork and not tend to confuse the customers twice. After discussion by the Council, and the City Attorney tending to tell the Council that this action needs to be done now, McConnell moved, Myhrom second to approve the rate reduction from $9.88 to $9.81. After Council discussion, Councilmember Hunziker asked if Mr. Loos' request was considered in the motion. 'It was not at this point. The City Attorney was again questioned as to how to do what Mr. Loos wanted at this time. Gary Neumann , Assistant City Adm. stated that a motion granting this request is in order, but, in May or shortly thereafter when another .rate change is evident, then we could allow Mr. Loos to piggy back this rate change as well as the one in the future. With that clarification, Senjem moved, I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4259 Regular Meeting No. 25 - April 4, 1994 Agenda Item B78 Hunziker second to amend the motion for a 60 day implementation of this rate reduction -as well as the new one to come. Ayes (4), Nays (2). Councilmembers McConnell and Myhrom voting Nay. Motion carried. President Selby had arrived mid thru this hearing and therefore abstained at the.call of this question -The original motion was voted on as presented. Ayes (6), Nays (0).Motion carried. President Selby resumed the position of Council President and thanked Councilmember Canfield for conducting the first half of this meeting. The Findings of Fact that was presented to the Council by the City Attorney was adopted. C-1-T McConnell.moved, Canfield second to approve C-items 1, and 3-7. C=1 Approve the minutes of the March 21, and 28, 1994 meetings. C-3 Approve the following licenses and bonds: GAMBLING - Celebrity Bowl Charities - The Willows Rest. ( Annual) Rochester Pub'and Grill and Epilepsy Foundation of Mn. -(all Annual) PIGEONS - Lorraine Day of 840 5th Ave. S.E. SIGNS ERECTION AND MAINT. - United Sign Corp. Green Bay, Sign Ace Signs of Albert Lea. MISC. ACTIVITIES Rochester Area Special Olympics - 1OK Walk 6-11-94 Child Care Resource and Referral 4-21-94. C-4 Approve the Accounts Payable in the amount of $1,234,429.21 - filed with the City Clerk. C-5 IApprove a Sound Amplification Permit for May 21 for the Fed. Medical Center at Silver Lake East Shelter. C-6 Approve the appointment to the Civic Music Board of Matthew W. Hantzmon to serve at Large for a three year term to Jan. 1997. C-7 Adopt 'Resolution No. 138-94 approving a family leave of absence for Brenda Burke Senior Clerk Typist for -the Park and Rec. Dept. from March 17, 1994 to June 15, 1994. Ayes (7), Nays (0).Motion carried. C-2 Councilmember Evans had a question on the skyway route and the lights. He also suggested that lights be considered at the Mayo Civic Center skyway. This was taken into consideration and based on that suggestion, Hunziker moved, Evans second to advertise for bids on April_ 22, 1994 on the Civic Center Ramp%Skyway. Signs:. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 2 6 0 Regular Meeting No. 25 - April 4, 1994 Agenda Item E-1 Canfield moved, McConnell second to adopt Resolution No. 139-94 No. 1-8 of the resolution as presented to the Council by City Attorney Terry Adkins. Ayes (5), Nays (2). Councilmember Hunziker and Selby voting nay. Motion carried. Discussion was held on No. 9 and 10 of the resolution as presented by Mr. Adkins. Councilmember Hunziker stated that he is for policies that are good for the City of Rochester. This is not a good policy and therefore he will not vote for this request. Councilmember Senjem asked if there was any need for the resolution to have any language on the order of payments? City Attorney Terry Adkins stated that a can add "Where funds are available - the abatement petitions will be satisfied in order of receipt. This can be added as an amendment. Senjem moved, Evans second that the language as stated above should be added. Councilmember Hunziker wondered where the funds are coming from? Mr. Adkins stated that they would be from the Sewer and Water Service Charge -funds and when they run out they run out. Councilmember Senjem stated that he does not think this is a good policy that "if we run out of money that is it." Councilmember McConnell stated that we always have funding problems. Councilmember Evans stated that if others come.in, they have to wait. After further discussion, . Canfi_.eld, mowed;`Senjem-second to charge .the Ianguage T.n �No'. "-9 to ,"allow the,-=peti ti oners-.assessment obl i gati or to be paid:out of the amount of abatement -earmarked for that petitioner. After discussion, Upon Roll call vote, Councilmembers Canfield, Evans, McConnell and Myhrom voted aye. Ayes (4). Council - members Hunziker, Senjem and President Selby voted nay. Nays (3). Motion carried. After further Council discussion, Senjem moved, Myhrom second to add to No. 9 "connection to the City water and sewer facilities. Mr. Terry Adkins at this point stated that he could make a new resolution and give it to the Council which spelled out No. 9 with the new language as suggested above. The vote was not taking on the paragraph above. Canfield moved, Myhrom second to adopt the new No. 9 as presented by the City Attorney. Ayes (5), Nays (2). Councilmember Hunziker and President Selby voting nay. Motion carried. 1 Evans moved, McConnell second to delete No. 10 which was included in Council copy of a resolution received earlier. Ayes (5), Nays (2). Councilmember Hunziker and President Selby voting nay. Motion carried. RECORD OF QFFICIAL PRQCEEPN\ 9§ OF THE CQMMQN COUNCIL CITY QF RWHESTER, MINNESQT9 4261 Regular Meeting No. 25 - April 4, 1994 Agenda Item E-1 Canfield moved, Senjem second to approve the "Findings of Fact" as amended . Ayes (5), Nays (2). Councilmember Hunziker and President Selby voted nay. Motion carried. Senjem moved, McConnell second to approve amending Chapter 28 of the RCO which pertains to the water and sewer service availability and connection charges. ( see Request for Council Action ). Ayes (5), Nays (2). Councilmember Hunziker and President Selby votinc nay. Motion carried. E-2 Hunziker moved, Evans second to adopt Resolution No. 140-94 approving the request for having City Unity Day. Ayes (7), Nays (0) Motion carried. E-3 Hunziker moved, Evans second to adopt Resolution No. 141-94 authorizing the sale and the issuance of $6,000,000 in Revenue Bonds for Olmsted Medical Group and the City Clerk and Mayor to execute any and all documents pertaining to this sale. This also includes the joint powers agreement. Ayes (7), Nays (0).Motion, carried. E-4 Canfield moved, Senjem second to initiate Rezoning of the Rochester Airport Property as described in four actions listed on Request for Council Action dated April 4, 1994. Ayes (7), Nays, (0).Motion carried. E-5 Hunziker moved, Evans second to adopt Resolution No. 142-94 approving the low bid of Alvin E. Benike, Inc. in the amount of $8,781,895.00 including alternates 1-4 for the new Public Library building. Ayes (7), Nays (0).Motion carried. E-6 Canfield moved, Hunziker second to approve the following resolutions as approved by the Rochester Public Utility Board,: Resolution No. 143-94 approving a purchase order agreement with Altec Ind. for the purchase of an aerial device with utility body in the amount of $68,874.00 Resolution No. 144-94 approving a contract agreement with Olmsted Co. and S. Mn. Mun. Power: Agency and execute the amended inter- s coron'ection and interchange agreement which was originally executed in March, 1987. Ayes (7), Nays (0).Motion carried. E-7 Hunziker moved, McConnell second to adopt Resolution No. 145-94 awarding the low bid of Interstate Motor Trucks for a 1995 Int. Model 2674 Dump Truck and a 1995 Int. Model 2654 Dump Truck. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4 2 6 2 Regular Meeting No. 25 - April 4, 1994 Agenda Item E-9 ' E-10 E-11 E-12 F-1 F-1 F-1 Canfield moved, Evans second to adopt Resolution No. 146-94 authorizing the City Attorney at the direction of the City Adm. to initiate eminent domain proceedings for the purpose of acquiring land for the 50th Avenue N.W. project. Ayes (7), Nays (0).Motion carried. McConnell moved, Myhrom second to adopt Resolution No. 147-94 authorizing -the execution of a lease agreement for the property at 1104 5th Avenue N. W. for.the Cascade Creek Flood control Proj. Ayes (7), Nays (0).Motion carried. Hunziker moved, Senjem second to adopt Resolution No. 148-94 approvin(. the issuance of a revokable permit for the placement of a canopy / sign over the public right-of-way at 519 1st Ave. S.W. and holding the City Harmless. Ayes (7), Nays (0).Motion carried. Senjem moved, Myhrom second to adopt Resolution No. 149-94 accepting the low bid of $173,236.23 with Doyle Conner Company for Handicap Ramp Rroject No. 1-1994 J 9296 - ramps throughout the city. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to adopt Resolution No. 150-94 setting a hearing for May 16, 1994 on the Rochester City Lines Fare and Route Changes. Ayes (7), Nays (0).Motion carried. An Ordinance Amending and reenacting Sec. 28.02 and enacting Sec. 28.031 of the RCO Relating to the purpose and use of Water and Sewer Connection Fees for Special Assessment purposes was given its first reading. An Ordinance Amending Sec. 63.225 of the RCO Relating to the Permitter Max. Hgt. for a sign type D free standing sign, and repealing Sec. 66.300 of the RCO Relating to a Moratorium on Free Standing Signs Exceeding 50 Ft. in Height was given its first reading . Hunziker moved, Evans second to suspend the rules and give this Ord. a second reading. Upon Roll Call Vote, Councilmember Canfield, Evans, Hunziker; McConnell, Myhrom , Senjem and President Selby voted aye. Ayes (7), Nays (0).Motion,carried. Senjem moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Creating Chapter 85B of the RCO real-ating to Abatement of Graffiti in the City of Rochester, Minnesota. This was given its second reading. McConnell moved, Hunziker second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 17.01 of the RCO Relating to the number of Personnel in the Rochester Fire Dept. was given its second reading Hunziker moved, Myhrom second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion Carried. 1 RECORD OF OFFICIAL PROEEEDINGS OF THE COMMON OOUNGIL _• .,� _ CITY OF ROOHESTER, MINNESOTA 4263 Regular Meeting No. 25 - April 4, 1994 Agenda - - - - -- - - - --- Item G-1 McConnell moved, Myhrom second to remove the request for Land Sub. Permit 94-5 ( Pre. Plat) for Bel Air 8th Sub. from the table. Ayes (7), Nays (0).Motion carried. Jeff Ellerbush of the Planning and Zoning Dept. reminded the Council that this was tabled for the purpose of deciding if lots in the B-1 ( Restricted Commercial ) zoned plat could be potentially developed as the site of a convenience retail store (gas pumps ) and ( groceries or a fast food rest. ). Also, the plat lies ad- jacent to two existing streets , 37th St. N.W. is an "arterial" street according to the Thoroughfare Plan but no direct private driveway access to the property can be established since Olmsted Co. acquired access control alg the frontage of the property. llth Ave. N.W. on the west is a "local" street in the roadway hierarchy system also established in the Throughfare Plan. Mr. Ellerbus_h, gave a history of some other places in the City where similar things have occurred. The proposed Bel Air Eighth would establish a new public street cul-de-sac adjacent to the S. ROW line of 37th St. N.W. This -new street provides access to the three lots in the plat. THe obvious question* was "can land uses requiring site location "E" be located on the B-1 zoned lots in this plat if the access is limited to the new public street?" Planning Staff has answered eyes". An amendment to site location "E" could clarify access to the site to be provided from a frontage rd. The frontage must be a through road or if a dead end, its intersection must be with a nonresidential street or a collector of higher level street as defined by the Throughfare Plan. If the Council so desires,action would be to amend the Zoning Ordinance. This would be to expand the Zone E (locations ). After Council discussion, Canfield Moved, Myhrom second to . instruct the City Attorney to prepare a Findings of Fact as the basis for approving the Land Sub. Permit based on the five conditio as listed on the Request for Council Action. After Council Discussion, Senjem moved, , Hunziker second to amend the above motion as follows: Move approval of the Planning and Zoning Commission expanding the limit of the ordinance if access to the site be provided by the Frontage Road. The Frontage Road must be a through road or if a dead end, its intersection must be with a non residential street or a collector or higher level street. 4264 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 25 - April 4, 1994 Agenda Item G-1 Ayes (6), Nays (1). President Selby voted nay. Motion carried. The original motion was voted on - Ayes (6), Nays (1). President Selby voted nay. Motion carried. Councilmember Senjem stated that he is in favor of a public road because it will provide a lot of property benefits to the property and be a win -win situation fcr, the property owners as well as the developers.. Having no further business, Senjem moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Moition carried. City Clerk 1 7 L �