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HomeMy WebLinkAbout07-18-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1994 4315 Agenda Item A-1 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. B-1 A Hearing on the Proposed vacation of a 10' wide utility easement located along the southwesterly lot line of Lot 4, Blk 2 Parkwood Hills Sub. - 1703 20th Ave. N.E. ( Millard and Clarice Vitse ). Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 379-94 approving the vacation. Ayes (7), Nays (0).Motion.carried. B-2 A Hearing on the Conditional Use Permit by Western.Walls, Inc. to permit the placement of fill in the Flood Prone District. Wishing to be heard was Bob DeWitz, who is applying for this permit. He stated that he has no problems with the conditions placed on this request. Having no one else present that wished to be heard, President Hunzikel closed the hearing. McConnell moved, Canfield second to adopt Resolution No. 380-94 approving the permit including the three conditions as placed on this by the Planning Commission and listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat to be known as Diamond Ridge Eight. Wishing to be heard was Bob DeWitz of 602 llth Avenue N. W. and stated that he thought legally streets could have smaller frontage when they were abutting a curvilinear street and it was allowed by the code. He has done this and would like to have Council approval of this plat. He has nor problems with the changing of the street name to 9th St. and the two families living there did not have any objection either. Having no one else present that wished to be heard President Hunziker closed the hearing. Councilmember Canfield wanted to know more about the request from the Planning Dept. to delay the passage ofthis plat. Wishing to respond was Ron Livingston of the Planning Dept. He stated that various other plats had lots that did not meet the minimum Zoning frontage according to the Land Development Manual. These plats were referred to by Mr. DeWitz at the Planning Commission Meeting and they did NOT meet the standards. Since the Planning Comm- ission approved this based on incorrect information, Mr. Livingston stated that the Planning Commission might reverse their recommendatio at the next meeting which would be August 3, 1994. Based on this new information, Mr. Livingston questioned whether or not the Council would approve/deny this without the recommendation of the Commission, as they may be in confliction. Wishing to be heard was Phil Wheeler, Planning Dir. stated that the new Ordinance does allow a reduction in frontage on cul-de-sacs but not on curvilinear streets. Plus Mr. Wheeler stated that the Planning Commission would need to take a look at the definition of Curvilinear streets vs cul-de-sacs and the widths of those in regard to the proper lot size. Mr. Terry Adkins, City Attorney stated that by approving this without the final outcome of the Planning Commission, the Council may approve some action and the Planning Commission could reverse that action and the item would have two actions on our hands. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4316 Adjourned MeetingYNo. OF 5 - July lyT18, 1994ESOTA Agenda Item B-3 Stevan Kvenvold, City'Administrator reminded the Council that the annexation is not complete but that is not a reason to delay this action if the Council so desires. Councilmember Canfield inquired about the actual widths of the streets in the plats that did not have the required 60' frontage. Mr. Wheeler of the Planning Dept. read the widths to him and they varied into the lower 50's a couple were in the upper 45's. Based on this, he wished to have this tabled and have the Planning Commission look at this again with the new facts. Feelings of the remaining Councilmembers were to approve this and not delay the developer. Based on this feeling, President Hunziker asked advice from the City Attorney as to how/if this could be done. Mr. Terry Adkins, City Attorney stated that it could be accomplished by 1. Zoning Board of Appeals maintain its position as approved on the July 6, 1994 meeting and 2. That no appeal from that decision be filed. Based on this, McConnell moved, Myhrom second to adopt this plat (Resolution No. 381-94 ) with the seven conditions that are listed on the Request for Council Action Planning Review and were also a part of the Preliminary Plat and to have the Zoning Board of Appeals maintain its decision as made on July 6 regarding the smaller lot size and No appeal from that decision would be filed. Having no further discussion, Roll Call vote was taken. Councilmember Evans, McConnell, Myhrom, and Senjem voted aye. Ayes (4), Councilmemb Canfield, Stobaugh and President Hunziker voted nay. Nays (3), Motion carried. B-4 A Hearing on the Annual Review of the Rural Service District Parcels. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Senjem second to adopt Resolutio No. 382-94 approving the request including items 1-3 as listed on Request for Council Action - Council Action needed. Ayes (7), Nays (0).Motion carried. C-1-7 Stobaugh moved, Evans second to approve the following Consent Agenda Items: C-1 Approve the Minutes of. the July 6 and 11, 1994 meetings. C-2 Approve the following licenses and bonds: CIGARETTES - Over the Counter - Casey's General Store 18th Ave.N.W. GAMBLING - The Ruffed Grouse Society - Raffle - 9-9-94 Radisson Hotel Centerplace. SIGN INSTALLATION - Doyle Franklin DBA Franklin Sign Co. MISC ACTIVITIES - All Women's Running Race - 7-30-94 - Rochester Track Club - Silver Lake Midwest Tandem Rally 9-3-94.and 9-4-94 Alzheimer's Association - Walk-A-Thon 9-10-94 Downtown Business Assoc. Sidewalk Days - 7-21-94 - 7-24-94 rs I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1994 4317 Agenda Item C-3 IApprove the Accounts Payable in the amount of $1,920,017.68 - filed in the office of the City Clerk. C-4 IApprove the appointment to the Planning and Zoning Commission of Diane McGowan of 608 17th St. N. W. The term runs to December 1997. C-5 Adopt Resolution No. 383-94 setting a hearing for August 15, 1994 on the proposed vacation of the west 3 feet of the 10 foot wide utility easement alg the.rear line of property at 4632 13th Ave. N.W. (Shirley L. Pries ). C-6 Adopt Resolution No. 384-94 setting a hearing for August 15, 1994 on the proposed vacation of a portion of,the 4th Ave. N.W. ROW located dir. N of 3rd St. N.W. and W of Civic Center Dr. N. W. ( Mayo Foundation was transferred by the City ) This is part of a land trade. C-7 Adopt Resolution No. 385-94 setting a hearing for August 15, 1994 on the proposed vacation of a portion of 3rd St. N.W. ROW on the E side of 4th Ave. N.W. and on the W side of Civic Center Dr. N.W. ( Mayo Foundation was transferred by the City ) This is part of a land trade. Ayes (7), Nays (0).Motion carried. E-1 Canfield moved,Stobaugh second to adopt Resolution No. 386-94 approving the existing shelter and evacuation plan proposed by Glen Atkinson owner for Southgate Circle Manufactured Home Park. This is subject to the following 1. That venting equivalent to an opening of at least 1.3 sq. ft. is installed to allow for pressure neutralization. and 2. That a written=severe weather evacuation plan is deveoped and provided to park residents annually during Tornado Awareness Week ( usually the second week of April.) Ayes (7), Nays (0).Motion carried. E-2 Evans moved, Stobaugh second to adopt Resolution No. 387-94 setting a hearing for the Bandel Hills Tax Increment Funding (TIF) District for Sept. 7, 1994. Ayes (5), Nays (2). Councilmembers McConnell and Myhrom voted nay. Motion carried. E-3 Canfield moved, Stobaugh second to adopt Resolution No. 388-94 approving the low bid of Interstate Roofing in the amount of $145,075.00 with Alternative 1 and 2 for the Roofing Project at the Terminal Building and Hangar at the Rochester Municipal Airport. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4318 Adjourned Meeting No. 5 - July 18, 1994 Agenda Item 1 E-4 Senjem moved, Stobaugh second to adopt the following Resolutions as approved by the Rochester Public Utility Board: Resolution No. 389-94 approving a contract agreement with Alvin E. Benike, Inc. for Willow Creek Substation sitework and foundations. This is in the amount of $172,380.00. Resolution No. 390-94 approving a purchase order with Mn. Geological Survey U of M for Groundwater Mgmt. concerns in Roch. Metro area. This is in the amount of $50,000.00. Ayes (7), Nays_(0).Motion carried. E-5 Evans moved, McConnell moved to set a hearing on the vaction of a fiv foot wide utility easement alg the S. property In of Lot 6, Blk 3 No. Heights Second Sub. ( James and Dorothy Arendt. The hearing will be held on August 15, 1994. Canfield moved, Evans second to amend the motion to include the adopting of Resolution No. 391-94 to approve the issuance of a revocable permit sub. to the condition that the permittee agrees to hold the City harmless. This is for the garage that is in the utility easement ROW. Ayes (7), Nays (0). Motion carried. The original Motion was voted on. Ayes (7), Nays (0). Motion carried and Resolution No. 392-94 was adopted. E-6 Senjem moved, McConnell second to instruct the City Attorney to prepare and Ordinance to annex 17.83 acres of vacant land located N and S. of Pinewood Road S.E. in Sec. 18, Marion Township. Ayes (7), Nays (0).Motion carried. E-7 The Request for Wetland impact and Replacement Plan - Wi.11ow Creek Substation was withdrawn from the agenda. No action was taken. E-8 Stobaugh moved, Senjem second to adopt Resolution No. 393-94 authorizing the acquisition for Marion Road Reconstruction Project J 2235 Ace Transfer and Dallas Tire, Owner Fred Steiner. Ayes (7), Nays (0).Motion carried. E-9 Stobaugh moved, Canfield second to adopt Resolution No. 394-94 authorizing the acquisition of .46 acres of ROW , .17 acre of Temp. easement from Christ Lutheran Church in the amount of $8,150.00 for the Marion Rd. Reconstruction Project. Ayes (7), Nays (0).Motion carried. E-10 McConnell moved, Evans second to adopt Resolution No. 395-94 approving the low bid of Infratech , Inc. for Project No. 7301-94 J 2159 - Joint Sealing of N.W. Trunkline San. Sewer from the N. Branc of Trunkline ( W of TH 52 ) to Lift Station by Essex Park. The low bid is in the amount of $48,686.50. Ayes (7), Nays (0).Motion carrie E-11 Senjem moved, Stobaugh second to adopt Resolution No. 396-94 and 397-94 ordering a feasibility report and ordering a public hearing for August 15, 1994 on Project 8403-94 J 9317 - San. Sewer Ext. to serve 3735 Hwy 63 North. Ayes (7), Nays (0).Motion carried. 1 L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 5 - July 18, 1994 4319 Agenda Item E-12 Senjem moved, Evans second to instruct the City Attorney to change the Ordinance on streets names from the platted name of Diamond Ridgl Court N.W. to 9th St. N.W. and 46th Ave. N.W. N. of Valley Dr. N.W. to loth St. N. W. Ayes (7), Nays (0).Motion carried. This is O.K. with the residents that live in the affected area. E-13 McConnell moved, Evans second to adopt Resolution No. 398-94 approving the following change in Bus Drop Off for Zumbro Lutheran Church: 1. add Para. (9) to Sec. "C" Special Parking Zones - 9) on 3rd Ave. S.W.'on the east side of the street'100 ft. more or less in front of the Zumbro Lutheran .Church 8 A.M. to f P.M. Sundays only. Buses only. Ayes (7),Nays (0).Motion carried. E-14 Stobaugh moved, Evans second to adopt Resolution No. 399-94 and 400-94 ordering a feasbility report and a public hearing on August 15, 1994 on Project No. 9406- J 9313 - Sanitary Sewer Extension in 36th Avenue S. E.to Strathmore Lane S.E. in Sunnydale. Ayes (7), Nays (0).Motion carried. E-15 Stobaugh moved, Evans second to adopt Resolution No. 401-94 awarding the low bid of $2271,947.60 submitted by Progressive Contractors, Inc. for Project 6316-4-93 J 2296 - Bridge Deck Replacement , 16th Avenue N W. at Cascade Creek Bridge No. 55501. Ayes (7), Nays (0).Motion carried. E-16 Evans moved, McConnell second to adopt Resolution No. 402-94 authorizing the City Clerk to advertise for bids°on Project 6311-3-9, J 9305 - Watermain Ext. llth Avenue S.W., LC Ind. Park to Proposed South Pointe Sub. Bids to be.opened at 11:00 A.M. on August 12, 199, Ayes (7), Nays.(0).Motion carried. E-17 Stobaugh moved, Evans second to adopt Resolution No. 403-94 authorizing the City Clerk to advertise for bids on Project 6300 112 94 J 9318 - Reconstruct N-S Alley - Peace Plaza to West Center Street . Bids to be opened at 11:00 A.M. on July 29, 1994. Ayes (7) Nays (0).Motion carried. E-18 Stobaugh moved, Senjem second to adopt Resolution No. 404-94 approving the obtaining of fill material for Elton Hills Business Park lots for $1,200 from Rochester Sand and Gravel. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Ord. 1466 - Relating to the Designation of Certain lands in the City of Rochester as part of the Rural Service District was given its first reading. McConnell moved, Stobaugh second to suspend the rules and give this Ord. a second reading. Upon Roll Call vote, Councilmembers, Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and President Hunziker voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Stobaugh moved, Senjem second to adopt the Ordinanc( as read. Ayes (7). Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA _ 4320 Adjourned. Meeting No. 5 - July 18, .1994 Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 An Ordinance Annexing to the City of Rochester 17.93 acres in the W 1/2 of the NW 1/4 of Sec. 18,.T 106N R 13W Olmsted Co. ( North of Pinewood Rd, S.E. ) was given its first reading. An Ordinance Amending Sec. 75.01 of the RCO Relating to the Renaming of Streets Platted in Diamond Ridge Sub. was given its first reading. An Ordinance Rezoning to M-1 Approx. 3.62 acres located in the E 1/2 of NW 1/4 of Sec. 9, Twp 107N R 14W ( S and S Storage ) was given its second reading. McConnell moved, Evans second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. An Ordinance Annex. to the City approx. 8.2 acres of land situated in the NW 1/4 of Sec.5 and a part of the NW 1/4 of Sec. 4, Twp 106 N. R 13W, Olmsted Co. Mn... - Robert and Louise Thompson ( N of Hwy 14 S of Strathmore Lane S.E., N..of Sunnydale School ) was given its Second reading. Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Annex. to the.City .18.41 acres of land situated in the SW 1/4 of Sec. 29 R 107 N Range 14W, Western Walls ( Diamond Ridge ) was given its second reading. Senjem moved, McConnell second to adopt the Ordinance as read. Ayes (7),.Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 405-94 approving an owner contract with Elcor Construction - Willow Dev. for Basic Construction in Bamber Ridge Fourth Sub. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 406-94 approving an Owner Contract with Western Walls, Inc. fro Basic Construction in Diamond Ridge.Eight- Sub. Ayes (7), Nays (0).Motion Carried. Having no further business, Canfield moved, Stobaugh second to adjour the meeting. Ayes (7), Nays (0).Motion carried. 61ty-Clerk 1