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HomeMy WebLinkAbout09-19-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER MINNESOTA 4348 Adjourned Meeting No. 9 - Sept. 19, 1994 Agenda Item 95 B-4 President Hunziker called the meeting to order at 7:00 P.M., the following members being present : President Hunziker, Councilmember, Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:Noni A Hearing on the Proposed vacation by David and Julie Anderholm of 708 17thAve. N.E. of a 5' wide utility easement alg the eastern lot line. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 500-94 approving the vacation. Ayes (7), Nays (0). Motion carried. A Heari rig* on the .Annexation by .Ordinance Peti..ti on by Mark and Lori, Mathis -of the property_:--looated at;3850-Hibhway 1.4_ East-.` Having no. - one present that wished to"be•heard;,Pres.ident-Hunziker closed the hearing.' Senjem moved, Stobau.gh second to instruct the City Attorney to .prepare an Ordinance approving this request. Ayes (7), Nays (0).Motion carried. A Hearing on the Site Planning Permit by Dakota of Rochester for the area to be known as Kings Run Fourth Sub. Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. on behalf of the Developer. He stated that they have no objections to the nine conditions as placed on this by the Planning and Zoning Commission. President Hunziker asked Mr. Nigbur if land will be dedicated to construct a four lane road. Jane Kansier of the Planning Dept. stated that a 75' ROW on either side will be enough for a road. Having no one else present that wished to be heard, President Hunziker closed the hearing. McCOnnell moved, Myhrom second to approve t this and include the nine conditions as stated on the RegSoi %foron No�u 0iA-9c4tionwas-A bpte�7), Nays (0).Motion carried. A Hearing on the Final Plat to be called Replat of Block 2, Glendal Third . Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. representing the owners. He urged the Council to approve this plat. The revised plan for.ih-.e;propo'se'dtown home development at this site was presented to the Planning Dept. earlier this day. The original proposal called for 12 attached single fam. dwelling units The revised proposal includes only 10 as the developer intends to revise the final plat to include 10 envelope lots. Maximum density permitted at this location is 10 units and this development falls into that requirement. The Planning Staff would recommend approval subject to the four conditions as follows: 1. Homeowners Assoc. documents in recordable form should be provided to the staff before the Final plat is approved for recordi 2. Parkland dedication requirements must be met by a cash dedicatio of $128.00 in lieu of land. This amount may be revised due to the decrease in units at this site. 3. The property is subject to water availability charges, if any. 4. Individual curb boxes must be provided for watermain service to each dwelling unit. Councilmember McConnell asked if this project is reduced, what will happen to the unoccupied space. Mike Nigbur stated that it would remain green space. a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned.' Meeting No. °19- September 19, 1994 4349 Agenda Item B-4 Councilmember Evans stated that the Homeowners Association had rules and covenants and he wondered who controls this. Mr. Terry Adkins City Attorney stated that the owners of the development ( plat ) and in this case this places control on the Architectural Control Committee which is composed of Richard L. Hexum and Robert G. Gill and Kirk E. Gill of Rochester, Mn. No one else would be in control. Wishing to be heard was Mary Wendland of 809 26th St. N.E. is opposed to this. When they bought their land they were given covena'n- that stated the type dwellings , etc. that would be built in the area. They are not abiding by that covenant in this request. She also presented a petition ( This was not handed to the City Clerk for the Official Record ) however several signatures in opposition was presented. Wishing to be heard was Dick Hexum, 805 Woodgate Dr. N.W. and is the Developer along with Bob Gill. He stated that it is not economically feasible to build single family detached homes. There however is a market for the townhome concept and they are within the law to do this. Councilmember Evans asked that if the covenants stated the way a subdivision was to be built and now they changed it - was this fair? He was told that if the developer broke the covenant then it would be up to the people in the subdivision to take action vea a private attorney against the developer. A resident of 943 No. Valley Dr. was present and stated that a numbe of people are going to be affected by this change He is opposed. Another resident of 927 No. Valley Dr. N.E. He also is opposed. Councilmember Canfield stated that he is uncomfortable with this and is not happy about being put in the middle of a battle between the developer and the homeowner. He stated that covenants should be made and lived by. Councilmember McConnell stated that he was going to vote no on this but was told that the reason for his negative vote was because of the covenants. He was told by the City Attorney that this is a private matter so in that case, President Hunziker closed the hearing. Myhrom moved, McConnell second to adopt Resolution No. 501-94 approving the plat with the conditions as stated above. Ayes (6), Nays (1). Motion carried. Councilmember Evans voting nay. B-5 A Hearing on the Type III Phase II Text Amendment adding shoreland management provisions to the Rochester Land Dev. Manual. Bob DeWitz of 604 llth Avenue N. W. He wanted to make the area around Manorwood Lakes into a non -conforming regulation for shoreline. Wishing to be heard was Terry Spaeth of the Planning Dept. who is also working with the DNR on Shoreline Management standards. 4350 Agenda Item B-5 C-1-1 C-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No- 9 - Sepf emhar 19, 1994 Mr. Spaeth stated that if this land could be exempt from this standard, he would like to approach them and in that case would recommend that this item be tabled. After Council discussion, President Hunziker declared the hearing closed. Stobaugh moved, Canfield second to table this and refer this to the Committee of the Whole for more thoro.ggh discussion. Ayes (7), Nays (0).Motion carried. 4 A Hearing on the Revocation of On -Sale Liquor License - Margaret Pfaff. Wishing to be heard was Terry Adkins, City Attorney. He stated that the Council may revoke this license but he would need testimony to determine if Margaret Pfaff is indeed the owner. Wishing to be heard was Rex Savage of 6540 Hwy 63 North. He is a Trustee for Otto's Bar. He went over the numerous financial problems that the Pfaff's had and stated that Margaret Pfaff wanted this license transferred to Mr. Savage. He stated that the license was paid until Oct. 1, 1994 and he feels since he got this business back he has been held hostage because he was not able to obtain this license. The business has been closed since July,1994, and he cannot operate this because the license does not transfer. Mr. Adkins asked Mr. Savage if he was/is the owner. Mr. Savage stated that he got this business back a couple of months ago. The license was issued to Margaret Pfaff and this has not been operated for two months? He was told that was correct. Mr. Adkins asked if this license was used in any other establishment today. Mr. Savage said "No". Councilmember Canfield asked if there is a time frame as to whether or not a license can be held. He was told that if the Council so desired they could put a restriction on this license, After Council discussion. President Hunziker closed the hearing. (, The _Council.'could place -a closed s i gnron-.the;-bu's i ness if it- i s- determined .a-1 this heari n_g- that i ndee( -no-proprietor,-has been established.) No one present wished to be heard on behalf of Mar{;art:=t. Pfaff and President Hunziker closed the hearing. Canfield moved, Senjem second to direct the City Attorney to prepar( Findings of Fact to be brought back to the Council for action on whether the license should be revoked. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to approve the following consent items:. No minutes at this meeting. C-2 Adopt Resolution No. 502-94 approving an agreement with McGhie and Betts, Inc. for engineering services requierd for the constructi n of one ten unit T-Hangar in the General Aviation area of the Rochest r Municipal Airport. 1 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Ad-iournpd Meeting No 9 - September 19, 1994 4351 Agenda Item C-4 IApprove the sound amplification permit for the League of Women Voters for Fri. Sept. 30, 1994. ( Central Park ) C-3. Approve the following licenses and bonds: CIGARETTES OVER THE COUNTER - Chinese Market - 605 N. Broadway Roch, GAMBLING -TEMPORARY - Hiawatha Homes Foundation - Raffle - Mayo Civic Center 11-27-94 St. Francis School - Marathon for non-public education 10-1-94 Downtown Kiwanis Club - Peanut Sales 9-19-94. C-5 Approve the fireworks displays for John Marshall High.School for" fall 1994 and graduation 1995. C-6 Approve the Accounts Payable in the amount of $1,204,960.20 - file is in the City Clerk's Office. C-7 Adopt Resolution No. 503-94 authorizing the City Clerk to advertise for bids on one year's supply of Liquid Aluminum Sulfite and Anhydrous Ferric Chloride for the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on Sept. 29, 1994. C-8 Adopt Resolution No. 504-94 authorizing payment in the amount of $5,250.00 for extra soil required by Supplemental No. 1 - Project 9216 J 9265. C-9 Adopt Resolution No. 505-94 authorizing payment in the amount of $2,962.50 for work covered by Supplemental Agreement No. 1 Project 9302-J 2237. C-10 Adopt Resolution No. 506-94 authorizing payment in the amount of $1,970.00 for work covered by Supplemental Agreement No. 2 for Project No. 9302 East Silver Lake Dr. J 2237. C-11 Adopt Resolution No. 507-94 authorizing the payment in the amount of $1,416.00 for work covered by Supplemental Agreement No. 1 for Project No. 6204 112 J 9264. C-12 Adopt Resolution No. 508-94 ordering the signing of an Assessment Agreement on Paul Kanz ( Arnold's Supply and Kleenit) Plat 1565 Parcel 00400. J 8059. C-13 Adopt Resolution No. 509-94 authorizing the City Clerk to advertise for bids on Project No. 6303-2-94 J 2164 - Extend Storm Sewer at 3rd Avenue and 14th St. S.E. West Across the RR Tracks and Reconstruct the Drainageway to the West. Bids to be opened at 11:00 A.M. on Sept. 30, 1994. C-14 Adopt Resolution 510-94 adding Para (319) to Sec. B No Parking Zones as follows: South Pointe Dr. S.W. on the N. side from llth Ave. S.W. to 60th St. S.W. at all times. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4352 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - Sept. 19, 1994 Agenda Item C-15 D-1 E-1 E-2 E-3 E-4 E-5 E-6 E-7 Adopt Resolution No. 511-94 deleting Para. (21.5) and adding para. 305.3 of Sec. B No Parking Zones of the Comp. Traffic and Parking Resolution to read: East Silver Lake Dr. on both sides from 7th St. N.E. to 14th St. N.E., at all times. Ayes (7), Nays (0).Motion carried. Wishing to be heard was Martha Goudas of 228 6th Avenue S. E. and h general concerns of the neighborhood. They recently formed a Neighborhood Watch and they are concerned about the increased noise, traffic, people walking dogs and not cleaning up after them. Baseball games that are late and noisy, The want real large trees planted along Cascade Creek not little crab apple trees. They are also concerned that all the above will cause air pollution. They do not want their neighborhood destroyed. Council thanked her for her concern. Senjem moved, Canfield second to adopt Resolution No. 512-94 executing a Change Order No.l for Phase II Audio Visual Improvements at the Gov. Center in the amt. $1,830.45. Ayes (7), Nays (0).Motion Carried. McConnell moved, Stobaugh second to adopt Resolution No. 513-94 approving the Mayo Foundation Request for Fiber Optic to the Holiday Inn Thru the Skyway. Ayes (7), Nays (0).Motion carried. It is mentioned that Councilmembers Senjem and Stobaugh work for the Mayo Clinic. Evans moved, Stobaugh second to adopt Resolution No. 514-94 approving the Private Hangar Site leases with Mark Turner and Doug Walberg and Doug Solinger and David Nelson at the Rochester Municipal Airport. Ayes (7), Nays (0).Motion carried. Myhrom moved, Evans second to adopt Resolution No. 515-94 approving the Rochester Golf and Country Club to serve on- sale intox. liquor on Sundayarstarting at 11 A.M. from Sept. 25 - June 11, 1995. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No.516-94 approving the acquisition agreement of 13.08 acres of property from Rochester Dakota Inc for the sums• of $6,540.00. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to adopt Resolution No. 517-94 approving the acquisition of 7.64 acres of property from North Park Partners Inc. in the amount of $64,940.00. Ayes (7), Nays (0). Motion carried. Canfield moved, Stobaugh second to approve the following resolutions as approved by the Rochester Public Utility Board: 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - September 19, 1994 4353 Agenda Item E-7 Resolution No . 518-94 approving an insurance agreement with Hartford Steam Boiler Co. for insuranceforone year from Oct. 18-1 until Oct. 17, 1995 at a premium of $129,689.00 Resolution No. 519-94 approving an insurance agreement with Associated Electric and Gas Ins. Services Ltd. for Comp. General Liability for a period of Oct. 18, 1994 thru Oct. 17, 1995. The amt. of $165,747.00. Resolution No. 520-94 approving a lease between the City acting jointly with the utilities dept. and Rochester Area Economic Dev. Inc. for the old RPU Building at 501 1st Ave. N.E. the Maym and City Clerk to execute the agreement. Ayes (7), Nays (0).Motion carried. E-8 Senjem moved, McConnell second to instruct the City Attorney to prepare an Ordinance allowing Partial Prepayments on the Assessment Policy of the City. Ayes (7), Nays (0).Motion carried. E-9 Senjem moved, Stobaugh second to adopt Resolution No. 521-94 approving a lease on city owned residence at 708 9th Avenue S. E. a- $500.00 per month plus utilities. Ayes (7), Nays (0).Motion Carried. E-10 Stobaugh moved, Evans.second to adopt Resolution No. 522-94 and 523-94 ordering a feasibility report and setting a public hearing for Oct. 3, 1994 on Project 6220-2-94 J 9326 - Watermain Ext:: to serve Seneca Foods Warehouses on 20th,St. S.E. a vacant lands to the South. Ayes (7), Nays (0).Motion carried. E-11 Myhrom moved, Evans second to adopt Resolution No. 524-94 authorizing the City Clerk to advertise for bids on Proejct 6220-2- 94 J 9326 - Watermain Ext. to serve Seneca Foods Warehouses on 20th St. S.E. and vacant lands to the South. Ayes (7), Nays (0). Motion carried. E-12 Senjem moved, Stobaugh second to adopt Resolution No. 525-94 and 526-94 declaring the costs to be assessed and setting a hearing date for October 17, 1994 on New Sidewalk Project No. 3-1994 J 9298 Various locations in the City. Ayes (7), Nays (0). Motion carried. E-13 Evans moved, McConnell second to adopt Resolution No. 527-94 awarding the low bid submitted by Progressive Contractors, Inc. in the amt. of $210,237.75 for Project 6202-3-94 J 2241 - Reconst Deteriorated Con. Pavement Joints and Severely cracked panels on 2nd St. S.W. from 5th Avenue S. W. to llth Ave. S.W. Ayes (7), Nays (0).Motion carried. E-14 Senjem moved, McConnell second to award the CBD Parking Lot Snow Removal Bids.to John Miller Landscapin and Excavation in the amt. of $36,780.00 . Ayes (7), Nays (0?.Motion carried. It RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4.354 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 9 - Sept. 19, 1994 Agenda Item E-15 E-16 F-1 F-1 H-1 Senjem moved, Evans second to adopt Resolution No. 528-94 approving the engineering for ROW Plat Civic Center Dr. N.W. Project 6205-4-94 J 2239 - This is with Roger Brank and Assoc. in the amt. of $8,800.0( Ayes (7), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 529-94 approving the.acquisition of ROW from Fellows Property 19th St. N.W. Widening Project 6219-4-93 J 9269. The amt. is $8,700 plus $500. for appraisal fees. Ayes (7), Nays (0).Motion carried. An Ordinance amending the Zoning Ord. of the City Land Dev. Manual was given its first reading . An Ordinance Creating Chapter 28A of the RCO Relating to Special Assessments for Local Improvement Projects was given its first reading. Mayor Hazama requested $580.00 for new signs that the City needs for various functions. This is lettering. _ $1,OOO.to get the signs made.for the entrance to the City. Some were stolen and we need a°couple of new ones. Senjem moved, Stobaugh second to approve this expenditure and allow this to be paid thru his contingency. Ayes (7), Nays (0). Motion carried. Having no further business, Senjem moved, Evans second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk 1