HomeMy WebLinkAbout07-06-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4306 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - July 6, 1994
Agenda
Item
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President.Hunziker called the meeting to order at 7:00 P.M., the
following members being present: President Hunziker; Councilmembers
Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:None.
A Hearing on the Land Sub. Permit ( Preliminary Plat ) to be known
as Diamond Ridge Eight Sub. Wishing to be heard was Julie Leisen
of 604 llth Avenue N. W. She would like Condition (1) - A Drainage
Report and Grading plan for the area eliminated because they had
a plan done in Oct. 7, 1993. She thinks this same plan could be
applicable. Condition (2). Lots be revised to meet the minimum lot
frontage requirement of 60 feet in the area. This is being appealed
to the Zoning Board of Appeals at the same time this meeting is being
held. IF they grant the appeal, then the lot sizes could be smaller
and this condition would no longer apply. It would however be accura.
on the Final Plat. Conditions 3-6 are O.K. with her and Condition
7 - Subdrain System -must be designed to the specs of the City Eng.
They are taking care of this and Condition 8 - They would like this
removed because the two existing stub streets, Diamond Ridge Ct. N.W.
and 46th Ave. N.W. be renamed to 9th St. and loth St. N.W. respective
She said that the Public Works Dept. would be meeting with the people
living in the area and see if they would like to have this renamed
since they already have a lot of documents with that orig.inal address
printed on them.
Having no one else present that wished to be heard, President Hunziker
did not close the.hearing due to the conflict of meetings which
would govern the action on Item No. 2. Evans moved, Stobaugh second
to table this for two weeks and they would be able to act on this
with direction on Item 2 after the Zoning Board had ruled. Ayes (6)
Nays (1).Councilmember Senjem voted nay. Motion carried.
Wishing to be heard was Julie Leisen and wondered why this was tabled
and that she really needed to have action on this soon because
construction time is narrowing down because of the winter season
coming. She was told that it was because they had questions and
were waiting for the direction of the Zoning Board of Appeals. Ms.
Leisen asked that if she had the motion from that Board of Appeals
before this meeting was finished could she bring that result back
to the Council for action. She was told that she could and based on
discussion of the Council because this was approved as a tabled item,
it could be brought back if the Council was still meeting when the
results came in from the Zoning Board of Appeals.
A Hearing on the Final Plat to be known as Bamber Ridge Fourth.
Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc.
on behalf of the applicant. He stated that he had no problems
with the five conditions as listed. He urged the Council to approve
this. Having no one else present that wished to be heard, President
Hunziker closed the hearing. Senjem moved, Stobaugh second to
adopt Resolution No. 345-94 approving the Final Plat with the Five
Conditions as listed on the Request for Council Action. Ayes (7),
Nays (0).Motion Carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
ular Meeting No. 3 - Jul", 6, 1994 4307
Agenda
Item
B-3 A Hearing on the Incentive Development Plan ( Type III, Phase II)
Preliminary Plan by Tharaldson Development for a motel to be called
Country Inn and Suites. Wishing to be heard was Jamie Tharaldson
who is developing this plan and was present for any questions the
Council may have. Having no one else present that wished.to be
heard, President Hunziker closed the hearing. Mr. Tharaldson also
urged the Council to waive the requirements for a hearing on the
Final Plan. Ms. Jane Kansier of the Planning and Zoning Dept.
stated that she had no problems with doing this if the Council so
desired. .
Canfield moved, Evans second to adopt Resolution No. 346-94
approving the Preliminary Plan, waiving the hearing for the Final
Plan and included the conditions as listed on the Request for
Council Action. Ayes (7), Nays (0).Motion Carried.
B-4 A Hearing on the proposed Vacation of a portion of 19th Ave. N.W.
ROW. Wishing to be heard was Willard Larson who owns property
adjacent - the south half of Lot 13. He has no objections to the
vacation, but he is concerned about the easement. His property
would have no access for -public services for sewer and water. The
house currently has a well and a septic system. Several years ago
this property was zoned R-4 and that it could have another house
on it. He feels that the easement is necessary - a standard 10 foot
easement otherwise this property would be landlocked. He also would
like the easement to run the entire length of his property. Public
Works Dept. had no problem with this. Having no one else present
that wished to be heard, President Hunziker closed the hearing.
Senjem moved, Canfield second to adopt Resolution No. 347-94
approving the vacation but retaining a 20 fuuc easement the entire
length of the property for future sewer -and water usage. Ayes (7),
Nays (0).Motion carried.
B-5 A Hearing on the proposed Sldewalk Replacement Project No. 5-1994-
J 9314 - This will be in the N.E. Area. !laving no one present that
wished to be heard, President Hunziker closed the hearing. Evans
moved, Stobaugh second to adopt Resolution No. 348-94 approving
the project and instructed the City Clerk to advertise for bids to
be opened at 11:00 A.M. July 27, 1994. Ayes (7), Nays (0).Motion
carried.
B-6 A Hearing on the proposed Sidewalk Replacement Project 4-1994 J
9312 - Work in the St. Mary's area and other locations. !dishing to
be heard was Sharon Bronhold of 202 13th Avenue N. 14. and she was
inquiring about the notices she received and the timing of the
notices that was sent to her. The routine was explained to her.
Ann Riley of 1239 2nd St. N.W. also had a question on information
contained in the notice. This was also explained to her. Wishing
to be heard was David Hagstrom of 1214 West.Center St. He needed
further explanation on this project also: David Koenig of 1127 lst
St. N.W. wanted further information on this project and what the
"x" meant. Having no one else present that wished to be heard,
President Hunziker closed the hearing. Canfield moved, Stobaugh
second to ado t Resolution No. 349-94 approving the project and
�n truc In t C't C k o ad f r bids to be opened at 11:00
.�I. on 3u�y e/. Ays ��5, Days YO)•�lotion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4308 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - July 6, 1994
Agenda
Item
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Senjem moved, Evans second to approve the following consent agenda
items:
Approve the mintues of the June 20, 1994 meeting.
Adopt Resolution No. 350-94 approving the City Clerk to advertise
for bids on Grading, Paving, Watermain and San. Sewer work to
prepare lots for T-Hangars on the Rochester Municipal Airport.
This is Project J 6915. Bids to be opened at 11:00 A.M. on August
9, 1994.
Adopt Resolution No. 351-94 approving the Agreement between the
City of Rochester and McGhie and Betts, Inc. for professional service.
to remove and replace two underground fuel storage tanks at the
Rochester Municipal Airport. Also an Agreement for Wetland
Delineation and Drainage Improvements at the Rochester Municipal
Airport to accommodate future expansion.�si� -9 Y�-
Approve the following licenses and bonds:
BEER TEMP - 3.2 Olmsted County Fair 8-4-94 thru 8-14-94.
CIGARETTES - Over the Counter - Olmmted County Fair and Robert
Pfaff for Foxfest 94 7-17-94.
DANCE - Aviary Rest. - Annual Malibu Mania-7-29-94
GAMBLING - Northland Children's Services , Inc. Raffle on 7-29-94.
MASTER PLUMBER - Randolph Tupper DBA Randolph's Plumbing
MASTER INSTALLER - Thomas J. Smith
HEATING CONTRACTOR - Tom Smith Plumbing
SIDEWALK - Cement - Scott Olson Service/ SOS,-Oronoco, Mn.
Approve the following requests for Sound Amplification Permits:
Olmsted County Fair Aug. 4-14, 1994 from 8 A.M. to 1:00 A.M.
Gloria Dei Lutheran Church 7-31 for outdoor service Cooke Park
Malibu Mania for the Aviary Rest. 7-28-94
Block Party for Steve Oliver at 4012 Huntington Lane N.W. 7-23-94
Evangel United Methodist Church - Ninth Annual Jubilee Jam Aug
14-21, 1994. Resolutions 352-94 and 353-94 was adopted.
Adopt Resolution No. 354-94 referring the petition for local
improvement - Reconstruction of the East/West Alley in 8 and 9 St.
N.W. to the Public Works Dept. for a feasibility report.
Approve the Accounts Payable in the amount of $821,898.91 - file
is in the City Clerk's Office.
Adopt Resolution No. 355-94 closing completed Improvement Projects
and Transferring unexpended balances_ in the amount of $488,038.87.
Adopt Resolution No. 356-94 authorizing the City Clerk to advertise
for bids for a 1995 4 x 4 15000 GVW Truck with Dump Box. Bids to be
opened at 11:00 A.M. on July 21, 1994.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3- July 6, 1994
COUNCIL
4369
Agenda
Item
C-10 Adopt Resolution No. 357-94 setting a hearing date of August 1,1994
on a proposed vacation of a portion of the 10' wide utility easement
located alg the south lot line of Lot 5, B1k 1, Cheval Estates.
C-11 Adopt Resolution No. 358-94 setting a hearing for August 1, 1994
on a proposed vacation of a 17'..wide rail easement located on the
north side of Lot 2, Blk 2, Cascade Ind. Park Sub.
C-12 Adept Resolution No. 359-94 instructing the City Clerk to advertise
for bids on a Parking Ramp Snow Chute. Bids to be opened at 11:00
Pauly 27,1994.
C-13 Adopt Resolution No. 360-94 apprc:ving an Eningeering Contract by s
Yaggy Colby for the design and preparation of pavement replacement,
bridge deck replacement, turn lanes, const. of raised median and
con. pavement rehabilitation on Civic.-Center,Dr. from 5th Ave.N.W.
to 16th Ave. N.W. Project 6205-4-95 J 2239.
Ayes (7), Nays (0).Motion carried.
E-1 The Establishment of Compensation for Robert Pawelski, General Managei
of the Public Utility Dept. was discussed by the Council. The
Rochester Public Utility Board had recommended a 3.7% increase.
Council had concerns about the percentages given to Dept. Heads in
general and it seemed they were not satisfied with the current
procedure. After further discussion, the Council needed more in
depth study on how they -Mould conduct this activity and be fair to
everyone involved in this new venture. Based on this, Canfield
moved, Senjem second to table this fsr further discussion. Ayes (5)
Nays (2). Councilmember McConnell and Evans voting nay. Motion
carried.
E-2 Senjem moved, Stobaugh second to authorize the execution of the
proposed Sister City Agreement with Xianyang, China as a Sister
City Relationship. Ayes (6), Nays (1). Councilmember McConnell
did not approve of this.
E-3 Canfield moved, Evans second to adopt Resolution No. 361-94
referring the Review of Land Use Plan for the Vicinity of the
Bandel Property. It was noted that a public hearing will be held
before any changes will be made officially to the Land Use Plan.
Ayes (7), Nays (0).Motion carried.
E-4 Canfield moved, Senjem second to accept the funds in the amount of
$5,000. to the City of Rochester from the School District for the
training of Police Officers to present a gang prevention program in
the classroom. Ayes (7), Nays (0).Motion carried.
4310
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - July 6, 1994
Agenda
Item
E-5 McConnell moved, Evans second to adopt Resolution No. 362-94
establishing the lead water service connection policy for the
City. This includes the three items as listed on the Request for
Council Action. Ayes (6), Nays (1). Councilmember Senjem voted nay.
E-6 Senjem moved, Stobaugh second to adopt Resolution No. 363-94
approving the Reimbursement Agreement with Peoples Gas Company
for gasline relocations The total estimated cost for these three
locations is $145,000. ( Approx.) Ayes (7), Nays (0).Motion carried.
E-7 Stobaugh moved, Evans second to adopt Resolution No. 364-94
approving the purchase of 324 South Broadway in the amount of $1,000.
from David VanDerHayden, subject to the following three conditions:
1. Enter into a purchase agreement with the obligation of performing
the work outlined in his proposal
2. Conveyance by quit claim deed
3. The deed would contain a clause prohibiting the future uses
of the property for adult entertainment
4. Closing to occur within (60) days of the Council Action.
Ayes (5), Nays (2). Councilmembers McConnell and Senjem voting nay.
Councilmember Senjem would like to have this matter tabled and
talk to both Mr. VanDerHayden and Mr. Allman who purchased 324
So.Broadway for $14,000. Councilmember McConnell stated that he
is opposed to this because he feels more money could be received
for the 326 building. Motion carried.
E-8 Evans moved, McConnell second to adopt Resolution No. 3.64A-94
approving the Police Department Seized Asset Program/Policy.
Ayes (7), Nays (0).Motion carried.
E-9 Senjem moved, Stobaugh second to adopt Resolution No. 365-94
approving the Amended Records Retention Policy for Cities for the Cit,
of Rochester, Mn. AYes (7), Nays (0).Motion carried.
E-10 Senjem moved, Canfield second to instruct the City Attorney to
prepare an Ordinance amending the RCO 125.04 Sub. 2 (c) changing
the max. number of days for a Temp. 3.2 Liquor Licenses from seven
to ten consecutive days. Ayes (7), Nays (0).Motion carried.
B-1 8:20 P.M. 'Evans moved, Senjem second to remove the Hearing on the
Land Sub. Permit ( Preliminary Plat) to be known as Diamond Ridge
Eight Sub. from the table. Ayes (7), Nays (0).Motion carried.
This item was tabled because of action to be done at the Zoning Board
of Appeals also held earlier this evening. The question was over
the minimun lot size requirement for frontages of 60 '. Ms. Leisen
of 607 llth Ave. N.W. appeared earlier and wanted this lot requiremen
reduced because they were platting this on a curve and they wanted
to reduce the lot size to the same stipulcations as that of a cul-
de-sac. Mr. Ron Livingston , Zoning Adm. Planning and Zoning Dept.
was present and stated that the Zoning Board of Appeals granted them
permission to reduce the required lot size from 60 feet to less than
60 feet in width at the curve front. Since the hearing was not
closed earlier in this meeeting, President Hunziker did not have any-
one else present that wished to be heard, he closed the hearing.
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RECORD OF ' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - July 6, 1994 4311
Agenda
Item
B-1 Senjem moved, McConnell second to adopt the Findings of Fact
using Conditions by the Planning Commission as noted on the
Request for Council Action No.l and numbers three thru eight.
The Council would like to have them submit a new drainage plan
to the Public Works Dept. and also discuss the name of the streets
(No. 8 ) with the Public Works Dept. and have that listed correctly
when the Final Plat is submitted for approval. Ayes (7), Nays (0).
Motion carried.
E-11 Mlyhrom moved, Senjem second to approve the renewal of the On -Sale
Intox. Liquor and Sunday licenses for Christensen's Food and Drink,
Red Lobster and Equity Hotel Corporation DBA Hoffman House from July
1, 1994 thru March 31, 1995. Ayes (7), Nays (0).14otion carried.
E-12 McConrell moved, Evans second to adopt Resolution No. 366-94
accepting the low bid of Road Machinery and Supplies Co. in the amou t
of $106,630. for one Galion Model 850 Articulated (Motor Grader for
the Public Works Dept. Ayes (7), Nays (0).Motion carried.
E-13 Canfield moved, Stobaugh second to authorize the Park and
Recreation Dept. to formally withdraw a previously submitted bikeway
grant application. Ayes (7), days (0).Motion carried.
E-14 Discussion was held on the proposed Meet and Confer Agreement
1994-1995 Civilian Police Dispatchers. Councilmember Senjem
stated that he would like this treated the same as the proposed
compensation for the. Public Utility Mgr. He stated that he would
like to have a discussion on the pholosophy of Council in granting
salary increases. When they have this discussion with the Public
Utility Mgr, then they could act on this request. Upon further
discussion by the Council Senjem moved, Evans second to approve
of this request. They are the last of the bargaining groups to
settle and the Employee Relations Director negotiated in good
faith with this group and he would like to see this honored.
Steve Kvenvold City Adm. stated that the groups settle for
a couple of years and this is negotiated for in good faith and
reflected in the budget and he would urge the Council to adopt this
plan. Councilmember McConnell stated that he does not think the
high percent should be granted. Councilmember, Evans stated that
he does not believe in the high percentage either, but since this
is the last of the groups -to be settled and since it has been
negotiated on, then he would support it. Vote was taken. Ayes (7)
Nays (0).Motion carried. Resolution No. 367-94 was approved.
E-15 Senjem moved, Canfield second to adopt Resolution No. 368-94
approving the Wetland Impact and Replacement Plan for Willow Creek
Estates. Ayes (5), Nays (1). Councilmember Evans voted nay. Council -
member Myhrom abstained. Motion carried.
E-1.6 Canfield moved, Stobaugh second to adopt Resolution No. 369-94
approving the Wetland Delineation and Replacement Plan for Golfview
Estates. Ayes (7), Nays (0).Motion carried. This includes the thre
conditions as listed on the Request for Council Action.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
43�2 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 3 - July 6, 1994.
Agenda
Item
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Canfield moved,.Stobaugh second to authorize the release of the
following petitioner's special as.sessment funds in sufficient amounts
to pay off outstanding special assessment oblications - Remaining fun
will be held by the City until time of connection. 1. Donald
Whealdon of 1911 4th Avenue S.W. and James Ehlers 411 24th St. S.W.
Ayes (7), Nays (0).Motion carried.
Senjem moved, Evans second to adopt Resolution No. 370-94 approving
the acquisition of 1,402 sq. ft. in sidewalk easement from Charles
Glarner in the amount of $2,500. for the 19th St. N.W. Sidewalk
Project. Ayes (7), Nays (0).Motion carried.
Stobaugh moved, Evans second to adopt Resolution No. 371-94
authorizing the acquisition of 6,097 sq. ft. in temporary easement
from Grandview Memorial Gardens, Inc. in the amount of $1,425 for
the Marion Road S.E. Reconstruction Project. Ayes (7), Nays (0).
Motion Carried.
McConnell moved, Senjem second to adopt Resolution No. 371A-94
providing authority for the City Attorney at the direction,of the
City Adm. to initiate the 90 day Quick Take provision of eminent
domain proceedings for the purpose of acquiring the necessary land
rights for the Northwest High Level Water Storage Tank project.
Ayes (7), Nays (0).Motion carried.
Evans moved, Stobaugh second to adopt Resolution No. 372-94 approvin
a lease agreement for property at 1002 6th Avenue N.W. with monthly
rent being $400.00 for one year. Ayes (7), Nays (0).Motion carried.
Evans moved, Senjem second to adopt Resolutions No. 373-94 and
374-94 approving the project and ordering a public hearing for
August 1, 1994 on Project No. 9405 -J 9316 - Reconstruct alleys
at the following three locations - N-S and E-W Alley in Blk 25
Northern Addition. -N-S Alley in E side of Blk 24 No. Addn.
and N-S Alley in E side of Blk 23 No. Addn.
Ayes (7), Nays (0).Motion carried.
Evans moved, McConnell second to adopt Resolution No. 375-94
approving the awarding the a contract to Gillig Corporation for the
purchase of one bus at a cost of $211,087. under Federal Project
MN-90-X060. Ayes (7), Nays (0).Motion carried.
Evans moved, Myhrom second to adopt Resolution No. 376-94 approving
a revokable permit for a business sign encroachment over the
public sidewalk at 320 First Ave. S. W. conditional to approval by
Rochester/Olmsted Planning and Bldg and Safety Dept. Ayes (7), Nays
(0).Motion carried.
Canfield moved, Myhrom second to adopt Resolution No. 377-94
approving a revokable permit with the usual conditions regarding
removal if required , etc. for the retaining wall in the 7th St.
and 9th Avenue S. W. public ROW. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4313
Regular Meeting No 3 - MY 6, 1994
Agenda
Item
F-1 An Ordinance Amending and Reenacting Sub. (C) of the Sub. 2 of
Sec. 125A.04 of the RCO Relating to the Duration of Sales by
Nonintoxicating Liquor / On -Sale Temporary Licenses was given its
first reading. Canfield moved,Stobaugh second to suspend the rules
and give this Ordinance a second reading. Roll call vote was.taken.
Councilmember Canfield, Evans, H'unziker,McConnell ,Myhrom,Senjem,&.St
voting aye. Ayes (7), Nays (0).Motion carried. The Ordinance was
given a second reading. Nlyhrorg moved, Senjem second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning to R-1 Mix. Single Fam. Res. approx. 0.38 acreli
of land located in Kings Run Third Sub. This was given its second
reading. Evans moved, McConnell second to adopt the Ordinance as
read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Annexing to the City 20.45 acres located in the NW 1/4
Sec: 17, T107N R14W ( located S. of 55th St. N.W. and West of
Douglas Trail ). This was given its second reading. Senjem moved,
.Stobaugh second to adopt the Ordinance as.rPad. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance amending section 738.01 and Sub. (e) of Sec. 7313.02
of RCO Relating to the Placement of Vending Carts on Sidewalks
in the City of Rochester, Mn. was given its second reading.
McConnell moved, Stobaugh second to adopt the Ordinance as read.
Ayes (5), Nays (2). Councilmembers Evens and Senjem voting nay.
The Ordinance was.adopted.
Having no further business, Canfield moved, Senjem second to
adjourn the meeting until 5:00 P.M. on July 11, 1994. Ayes (7),
Nays (0).Motion carried.
City Clerk
augh