HomeMy WebLinkAbout06-20-1994RECORD OF OFFICIAL PROCEEDINGS OF -THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994 4299
Agenda
Item President.Hunziker called the meeting to order at 7:00 P.M., the
A-1 foll:owi-ng-members,.b-eing-present: President Hunziker, Councilmembers
C`a6fie'1-ii, _'Evans,`_McConne-1 l ,,. Myhrom, Senjem and Stobaugh.' -Absent:'
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B-1 A Hearing on the request for Amending the 1994 Final Statement -
Community Dev.. Block Grant ( CDBG ) Program. .The request is to
award $20,000. to the Community Youth Mentorship Program.
Wishing to be heard was Sharon Collins of Rochester Mn. working
with the Youth Mentorship Program. She gave a brief outline of the
programs and stated that the success of this program is happening
and that they really need the funding. They have a waiting list
for some of the programs. She urged the Council to approve this
request.
Having no one else present that wished to be heard, President
Hunziker closed the hearing. Evans moved, Senjem second to approve
the request. Ayes (6), Nays (1). Councilmember Myhrom voted nay.
Motion carried.
B-2 A Hearing on the Proposed vacation of the 20' wide utility, :a-.
San..Sewer and Storm Sewer easement located thru the center of the
NW corner of 37th St. N.W. and West River Parkway N.W. Having no
one present,that wished to be heard, President Hunziker closed the
hearing. S,enjem moved, McConnell second to adopt Resolution No.
315-94 approving the vacation. Ayes (7), Nays (0).Motion carried.
B-3 A Hearing on the Proposed vacation of the 201'' wide utility,
San. Sewer and Storm Sewer easement located alg the Ely boundary
of Lot 6, Blk 1 Hartman Square Sub. Having no one present that
wished to be heard; President Hunziker closed the hearing.
McConnell moved, Evans second to adopt Resolution No. 316-94
approving the vacation. Ayes (7), Nays (0).Motion carried.
B-4 A Hearing on the Type III, Phase .III Conditional Use Permit 94-6
to replace the Kutzky Park footbridge located in the floodway of
Cascade Creek. Having no one present that wished to be heard,
President Hunziker closed the hearing. Canfield moved, Stobaugh
second to adopt Resolution No. 317-94 approving the request.
This is with the conditions as listed 1. That erosion and runoff
control measures be implemented during the construction phase to
prevent erosion and runoff into the surface waters of Cascade Creek.
Ayes (7), Nays (0).Motion carried.
B-5 A Hearing on the Zone Change request 94-2 by Senst Properties.
Having no one present that wished to be heard, President Hunziker
closed the hearing. Evans moved, Canfield second to approve the
request and instruct the City Attorney to prepare an Ordinance for
adoption. Ayes (7), Nays (0).Motion carried. L
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4300 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994
Agenda
Item
B-7
A Hearing on the Special Zoning Dist. for the Arboretum ( SD-1)
Final Dev. Plan Phase to allow construction of a Commercial Bank
Building. Having no one present that wished to be heard, President
Hunziker closed the hearing. Senjem moved; -Evans second to
adopt Resolution No. 318-94 approving the request with the conditions
as listed on the Request for Council Action by the Planning and Zonin
Commission. Ayes (7),-Nays (0).Motion carried.
A Hearing on the Land Sub. Permit 94-11 ( Prel. Plat ) to be known
as Bamber Ridge Fourth Sub. Wishing to be heard was Mike Nigbur of
McGhie and Betts, Inc. representing the Dev. He stated that the
street names had been renamed and would be known as Hazelwood
Lane and Juniper Lane and they agreed with the conditions as stated
by the Planning and Zoning Commission. Having no one else present
that wished to be heard, President Hunzikerclosed the hearing.
Evans moved, McConnell second to approve _the Finding of Fact in
approving the request and included all the conditions as listed
on the Request for Council Action by the Planning and Zoning
Commission. Ayes (7), Nays (0).Motion carried.
A hearing on the Site Planning Permit consisting of Conditional Use
94-20 and Variance 94_17 by Robert Gander. Wishing to be heard was
Ron Braasch of Burnett Realty and urged the Coucnil to approve this.
He stated that most of the building would be for storage or 1 small
office. Having no one else present that wished to be heard,
President Hunziker closed the hearing. Myhrom moved, Stobaugh
second to adopt Resolution No. 319-94 and 320-94 approving the
Conditional Use Permit and the Variance needed. This is the former
East Side Inn. The Conditions listed on the Request for Council
Action were also included in the motion. Ayes (7), Nays (0).Motion
carried.
A Hearing on the General Dev. Plan 94-115(Type III Phase III Process)
for the South Pointe Development. Wishing to be heard was Mike
Nigbur of McGhie and Betts, Inc. representing the owners. He
agrees with the conditions'. as listed and would like to go ahead
with Phase I of this project.
Dust on the road is a problem in the area with construction:vehicles
using the road and creating more dust. Richard Freese, Public Works
Director stated that dust is a problem and that a condition could be
made allowing the Dev. to put more chloride on this road for dust
control.
Councilmember Myhrom agreed that chloride would solve the problem
but wondered if enough would be used to really help the situation.
It was decided that Chloride every 30 days would be sufficient.
Councilmember Senjem wondered about the access and was informed that
they had three access points. Ron Von Brethorst of 6215 llth Ave.
S.W. was present and wondered just what the zoning would end up
being. Jeff Ellerbush of the Planning Dept. explained the process tc
him.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994 4301
Agenda
Item
B-9 Wishing to be heard was Marvel Mestad of 105 60th St. S.W. She is
also concerned about the dust. She stated that choloride only does
last for a little while and that rain also destroys the effect.
Mr. Nigbur stated that the developer would see what they could do to
help with the dust problem.
Wishing to be heard was Jo Russell of 5900 llth Ave. S.W. and wanted
the project explained to her. Mr. Nigbur and Mr. Ellerbush explainec
this to her.
Wishing to be heard was Ralph Russell of 5900 llth Avenue S.W.
he is in favor of this project. It is a good development and a good
developer. Having'no one else present that wished to be heard,
President Hunziker closed the hearing. Myhrom moved, Evans second
approve the First Phase Planning proscess. This phase does not
include the park or the, Highway entrance(Hwy 63).
Councilmember. Canfield stated that they have no road viO'bility to
the park and no access. i
City Attorney Terry Adkins stated that the City does not have any
control over the road.
Councilmember Senjem stated that the City is growing and this area
is.about 9 miles from a fire station and he just wanted to comment
that the City is growing and Police, Fire, and Public Works Dept.
services are being really stretched.
Vote was taken Ayes (7), Nays (0). Motion carried.
Canfield moved, Stobaugh second to table the General Development
Plan. Ayes (7), Nays (0).Motion carried.
C-1-11 Item No. 7 - Appointment to Int. Affairs Committee was pulled out to
be considered separately.
Senjem moved, Stobaugh second to approve C-1-11 of the Consent
Agenda minus (7).
C-1 Approval of the minutes of the June 6, 1994 meeting.
C-2 Approve the following licenses and bonds:
Gambling - Annual Premise Permit - Rochester Juvenile Hockey Assoc.
This is for C.J's Midtown Lounge,Rochester, Mn.
Gambling - Temp. Raffle
Rochester Area Council for the Arts.
Signs - Erection and Maintenance
Auto Trim Design and Signs, Roch.Mn.
Sidewalk Construction - Asphalt
Rochester Service Co., Roch.Mn.
Misc. Activities
Rochester Jaycees Kiddie Parade - 7-4-94
Wasioja Group of Sierra Club 100 Mile Bicycle Ride 7-10-94.
Gambling - Temp. - Senior Citizens Services Inc. Raffle 6-22-6-26-!
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
43U2 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994
Agenda
Item
C-3 Approve the request for Sound Amplification Permit by Rochester
Area Economic Dev. Inc. and the American Cancer Society on June 26,
1994 from 6:30 to 9:30 P.M. at Mayo High School. Res. 320A-94.
C-4 Approve the Accounts Payable in the amount of $3,290,828.76. List
is on file with the City Clerk.
C-5 Adopt Resolution No. 321-94 approving the closing of the completed
Improvement Projects and transferring unexpended balances pursuant
to Mn. Statutes Sec. 429.091 Sub. 4 The amount is $92,442.16.
C-6 Adopt Resolutions No. 322-94, 323-94 and 324-94 authorizing the
facsimile signatures of Chuck Hazama, Mayor and Dale R. Martinson,
Treasurer of the City on all checks and drafts and other withdrawal
orders and authorizing signature by Dale R. Martinson and / or
Bruce Atkinson, Assistant Finance Director on all other directions
and instructions with respect to funds of the City.
C-8 Adopt Resolution No. 325-94 setting a hearing for July 18, 1994 on
a vacation of a 10' wide utility easement alg the SWly lot
proposed
line of Lot 4, Blk 2, Parkwood Hills Sub.
C-9 Adopt Resolutions No. 326-94 and 327-94 ordering a public hearing
for July 6, 1994 on the following - Sidewalk Replacement Proejct # 4
J 9312 - various locations in the City .
C-10 Adopt Resolution No. 328-94 and 329-94 setting a hearing for
July 6, 1994 on Sidewalk Replacement Project No. 5- 1994 J 9314
various locations in the City.
C-11 Adopt Resolution No. 330-94 authorizing the City Clerk to advertise
for bids on Project No. 6316-4-93 J 2296 - Replacing the Bridge
Deck on Bridge No. 55501 and 16th Avenue N. W. over Cascade Creek.
Bids to be opened at 11:00 A.M. July 15, 1994.
Ayes (7), Nays (0).Motion carried.
C-7 McConnell moved, Evans second to approve the appointment of Karen
Fredin of 505 6th St. N.W. to the International Affairs Committee.
She replaces Floyd Phillips.
Councilmember McConnell stated that he would like to see all the
volunteers introduced to the Council so that they all knew who
they were. President Hunziker stated that an invitation could be
sent to them, but that it was not mandatory.
Ayes (7), Nays (0).Motion carried.
E-1 Senjem moved, Evans second to approve the Findings of Fact
to approve the Special Assessment Abatement petitions and referring
these to the County Board for their consideration. The funding
source has a total sum of $205,722.44 available and the requests
.have arrived at $219,004.06. Therefore, Petitions 132-133 and 134
may be approved but payment would not be made until additional
monies are available. Ayes (7), Nays (0).Motion carri-d.
Resolution 331-94 was adopted.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994 4303
1
Agenda
Item
E-2 Canfield moved, Stobaugh second to adopt Resolution No. 332-94
supporting Improvements to TH 14/52 and make note that a public
hearing will be held on June 22, 1994 in John Marshall Aud, regardin
this project. Ayes (6), Nays (1). Councilmember Evans voted nay.
Motion carried. Mr.Gary Neumann Assistant City Adm. stated that this
is just a resolution supporting a need: Councilmember Evans stated
he is not in favor because the State will dictate everything.
E-3 Senjem moved, Evans second to adopt Re olution No. 333-94
approving the Revocable Permit to a 1 ow�installation of the pipeline
along the.55th St. N.W. area - This is requested by Peoples Natural
Gas. Ayes (7), Nays (0).Motion carried.
E-4 Senjem moved, Evans second to adopt Resolution No. 334-94 authorizini.
the City Clerk to advertise for bids the Fire Station No. 1
Construction. Bids to be opened at 10:00 A.M. on July 26, 1994
for Electrical and Mechanical and July 28 for General Contractor.
Ayes (7), Nays (0).Motion carried.
E-5 Stobaugh moved, Evans second to adopt Resolution No. 335-94
approving an exchange agreement between the City and SMMPA for
exchange of lands for the Fire Station 1. Ayes (7), Nays (0).Motion
Carried.
E-6 Myhrom moved, Senjem second to adopt Resolution No. 336-94
approving the contract with the Rochester Symphony Music Director
Jere Lantz for the period from July 1, 1994 to June 30, 1995.
His salary reflects a 3.75% raise. Ayes (7), Nays)(0).Motion carried
E-7 Senjem moved, Evans second to adopt Resolution No. 337-94
authorizing the Wetland Fee Schedule. Wishing to be heard was
Chuck DeWitz of 604 llth Avenue N. W. and is opposed to the
fees. He stated that they are trying to build affordable housing
and with the constant increase in the amount of fees, plus the
number they have to obtain, it is getting harder and harder to
build affordable housing. Councilmember McConnell agreed with
Mr. DeWitz. Councilmember Myhrom also agreed with Councilmember
McConnell and Mr. DeWitz. Ayes (5), Nays (2). Councilmember McConnel
and Myhrom voted nay. Motion carried.
E-8 Senjem moved, McConnell second to approve the Council's initiation
of the vacation of Fourth Avenue N.W. immediately north of Third
St. N.W. and South of Third Ave. N.W. This is needed for the
land exchange with Mayo Foundation for the acquistion of Parcel
245 for the Flood Control Project. Ayes (7), Nays (0).Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4304 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994
Agenda
Item
E-9
E-10
E-11
E-12
E-13
E-14
E-15
E-16
F-1
F-1
F-1
Canfield moved, Evans second to approve the Council's initiation
of the vacation of a part of Third St. N.W. This is needed for the
land exchange with Mayo Foundation for the acquisition of Parcel
245 for the Flood Control Project. Ayes (7), Nays (0).Motion Carried
Senjem moved, Evans second to adopt Resolution No. 338-94 ordering
and executing the Assessment Agreement with Christ Community Church
4400 55th St. N. W. This total is $11,750. and will be sent to
them and if it is not paid within 30 days, the amount will be added
to the taxes and dealt with in that manner. The original amount
was amended to allow the church to add connection charges to the
taxes. Ayes (7), Nays (0).Motion carried.
McConnell moved, Stobaugh second to instruct the City Attorney to
prepare an Ordinance Annexing 8.2 acres of vacant land owned by
Robert and Louise Thompson north side of E Hwy 14 directly S. of
Strathmore Lane S.E. etc. Ayes (7), Nays (0).Motion carried.
Canfield moved, Evans second to instruct the City Attorney to prepare
an Ordinance for adoption on 18.41 acres of vacant land located S.
of West Hwy 14 N. of Valley Dr. N.W. and N. and E of 46th Ave. N.W.
and Diamond Ridge Ct. N.W. Ayes (7), Nays (0).Motion Carried.
Canfield moved, Stobaugh second to adopt Resolution No. 339-94
approving a contract with BKBM Professional Eng. in the amount of
$16,000. for the Ramp/Skyway and $13,890. for the Library Eng.
Insp. Services. Ayes (7), Nays (0). Motion carried.
McConnell moved, Myhrom second to adopt Resolution No. 340-94
accepting the low bid of Universal Ford in the amount of $13,500.00
for a 1994 Ford Taurus G.L. car for the Public Works Dept. Ayes (7),
Nays (0).Motion carried.
Myhrom moved, Stobaugh second to adopt Resolution No. 341-94 accept-
ing the low bid of Universal Ford for a 1994 Ford F-150- WD pickup
in the amount of $17,000.00. Ayes (7), Nays (0).Motion carried.
Evans moved, Stobaugh second to adopt Resolution No. 342-94
awarding the low bid of $11,000. from Universal Ford, Rochester, Mn.
for a 1994 Ford F-150 pickup for the Public Works Dept. This was
with the trade-in of one 1980 Chev. 1/2 ton pickup. Ayes (7),
Nays (0). Motion Carried.
An Ordinance Rezoning property to M-1 on 3.62 acres ( Senst Property)
was given its first reading.
An Ordinance Annexing to the City 8.2 Acres of land in the NW 1/4
of Sec. 5, and Pt. of the NW 1/4 of Sec. 4 T 106N R13W was given
its first reading.
An Ordinance Annexing to the City 18.41 acres in land situated
in the SW 1/4 of Sec. 29, T107 N R 14 W. was given its first reading.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 2 - June 20, 1994 4305
Agenda
Item
F-1 An Ordinance Amending 62.342 and 62.352 of the RCO Relating to Site
Appearance Standards for Private and Public Air Transportation was
given its second reading. Senjem moved, McConnell second to adopt
the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Amending and Reenacting Sub. (5) of Spec. 63.252 of the
RCO Relating to the Site location Standards for Site Location "E"
was given its second reading. Canfield moved, Senjem second to
adopt th�Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning property to M-1 from R-1 and Ag Districts
at the Rochester Municipal Airport was given its second reading.
Canfield moved, Senjem second to adopt the Ordinance as read.
Ayes (7), Nays (0).,Motion Carried.
F-1 Senjem moved, McConnell second to adopt Resolution No. 343-94
approving an owner contract for Basic Construction in Innsbruck Eigh
Sub.; Arnie Bomgaars and Rochester Sand and Gravel. Ayes (7),
Nays (0).Motion carried.
G-1 Canfield moved, Stobaugh second to Remove from the Table the
request to award the bids for Phase II Audio/Visual Improvements
for Joint Meeting Room at the Government Center. Ayes (7), Nays
(0).Motion Carried.
Myhrom moved, Stobaugh second to adopt Resolution No. 344-94
approving the low bid of EPA For Phase II at a cost of $85,048.29.
Ayes (7), Nays (0).Motion Carried.
Having no further business, Canfield moved, Senjem second to adjourn
the meeting. Ayes (7), Nays (0).Motion Carried .
Jl��
ity Clerk