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HomeMy WebLinkAbout10-17-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 17, 1994 48 65 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 Albaring on the Amendment of the 1994 Community Development Block Grant Final Statement. Wishing to be heard was James Landers of 1973 7th Avenue S.E. and was present for any questions the Council may have. This amendment is in the amount of an additional $2,400. to assist with the cost.of utilities for the freezer/cooler equipmen to store food for a period of one year to be used at Bethel Lutheran Church at 3rd Ave. S.E. Having no one else present that wished to b heard, President Hunziker closed thehearing. Evans moved, McConnell second to approve this funding. This will be taken from the 1994 Contingency Funds. Ayes (6), Nays (0).Motion carried. It was noted by Counrilmember Canfield that he is a member of Bethel Lutheran Church. Councilmember Myhrom arrived at 1:05 P.M. B-2 A Hearing on the proposed Assessments on New Sidewalk Project No. 3- 1994 J 9298. Having no one present that wished to be heard, Presiden Hunziker closed the hearing. A letter was received from Keith Dickman with several questions. This was referred to the Sidewalk Div. of the Public Works Dept. Canfield moved, Stobaugh second to approve the assessment. Ayes (7), Nays (0).Motion carried. Resolution No. 559-94 was adopted. B-3 A Hearing on the Land SUbdivision 94-21 ( Prel. Plat ) to be known as Northern Heights East loth Sub. Wishing to be heard was Don Borcherding of Yaggy Colby 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. McConnell moved, Stobaugh second to approve the request along with the eight conditions as listed on the Request for Council Action. The Findings of Fact was also included in the motion. Ayes (7),Nays (0).Motion carried. B-4 A Hearing on the Type III, Phase I Appeal from the decision of the City Planning and Zoning Commission to permit a height increase as a Type II design modification. Wishing to be heard was Don Borcherding from Yaggy Colby representing Younge Development Co. They are the developers of Eagle Ridge. They are opposed to this request from the Rochester Indoor Tennis Club to add 20 feet to the existing 40 foot dome which would reach a maximum of 60 feet. The homes in Eagle Ridge would have the view altered and it would be likened to a giant lite baloon. It would also appear to cut the view of the lake for the residents of Eagle Ridge. They are opposed. Wishing to be heard was Glenn Miller of Rochester and is also objecti to this request. He wondered if an impact study had been made and wondered if a different color of material had been researched, also he thinks more noise will be created and the increased lighting that would be needed would not be acceptable. He does not want to live next to Space City. IN 4366 Agenda Item B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No_ 12 -October 17, 1994 Wishing to be heard was Bill Fitzgerald of 2505 Lenox Ct. S.W. and is a part owner of the Tennis Club. He stated that he has been to the Planning and Zoning Dept. and has tried to abide by all the rules and regulations that were needed to get this to the Council for approval. As far as blocking the view, he stated that the apt. house next door is higher then what the Tennis Club is going to be after the additional 20 feet are added. He stated that one home can actually see the bubble (dome ) otherwise the rest are banked by trees and the bubble can hardly be seen. They currently have Tennis Courts and want to expand to this golf activity. He stated that the noise from the fan is within the noise limit and they turn off the lights when it is not in use usually by 10:00 P.M. Councilmember Myhrom asked if set working hours were established. He was told usually from 8 A.M. to 10:30 P.M. closing this earlier would make the hours of usage very thin. Councilmember Evans asked if something could be done about the glow from the bubble. He was informed that this was no different than a light. Councilmember Stobaugh asked the question if more trees could be planted to buffer this. He was told that the only person that complained was from Glenn Miller and he has a lot of trees already. Wishing to be heard was Rodney Younge of Rochester, Mn. General Developer for Eagle Ridge. He objects to this height increase as it is really altering the view and the value of his lots would decrease. Sales are down in Rochester already and he stated that this height increase of the Tennis Club is not accetable for them. Wishing to be heard was Jean Tiede of 2537 Aspen Lane and stated that she almost did not buy the property because of the dome, but now with the additional height, that is more then she is willing to put up with. She stated that at night she has so much light that she does not need other house lights. Wishing to be heard was Thomas Benda, Part Owner of the Tennis Club and proposing the golf activity. He stated that people in the twin cities area like the bubble look and stated that people around the bubble particularily like this in the winter when snow falls on it. It looks like a big candle. He urged the Council to approve this request. Wishing to be heard was Tom Davis, also a partner in this Tennis Club. He stated that the structure will blend in during the winter and in the summer trees will have leaves and will buffer this. He also urged the Council to approve this request. Wishing to be heard was Lynn Rossman , Property Manager for Woodridge Apts. She has mixed feelings about this request. On�.•the one hand she would like to see this activity because it would be an attraction for potential renters and on the other hand she does not like the additional height either. 1 L RECORD OF .OFFICIAL PROCEEDINGS OF THE COMMON CITY .OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 17, 1994 COUNCIL 4367 Agenda Item B-4 A resident of 1921 Fox Valley Dr. S.W. and marketing manager for Younge Dev. Co. was present and stated that 80% of the homes can see the bubble and the loss of the view would be significant for both them and the Woodridge Apt. complex. He stated that Eagle Ridge was bought before the bubble was put up so they are opposed. Having no one else present that wished to be heard, and after lengthy Council discussion, Stobaugh moved, Evans second to table this for two weeks ( Until the Nov. 7.-meeting ) so that the Council can go out and look at this bubble and the homes it may affect. Also Councilmember Canfield and Senjem are to meet with both parties and see if this can work. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Land Subdivision - Preliminary Plat to be known as East Ridge Sub. Wishing to be heard was Dave Morrill of McGhie and Betts, Inc. and was present for any questions the Council may have. He stated that he held an informational meeting with the area residents. They did a traffic study and the peak hourly count was 60-75 vehicles per hr. which is below the 86 count which is the normal recommended usage by the Public Works Dept goes by. hey have completed the Wetland Study and agreed with the findings. They also are in agreement with the conditions recommended by he Planning and Zoning Commission. resident Hunziker asked if the frontages of the lots were 60' and e was told that they were between 60-62 feet. He was informed that ome have two car space and the mailboxes will fit in. The spill ver parking will be in a lot. resident Hunziker asked if the home owned by Dave Klinkhammer which s in a natural drainageway was considered. He was told that the inal plat will address these types of improvements incl. storm ewers, etc. uncilmember McConnell stated that a neighborhood meeting was held, t not much was accomplised and the notices were not sent out in timely manner. ishing to be heard was Randy Johnson of 381.5 Strathmore Lane S.E. nd stated that the people of Sunnydale feel lots of .deception in his from the planning stage on to the meeting. The project went from 28 homes to 37 homes to be built. Area people were never talked to, only given facts by the developer. Most people were not notified on time or at all. Lots in the area now are 1300' and the proposed lots are 60-62;. The covenants that they have state lots have a minimum of 1300 sq. ft. He would like to have a study on the environmental impact and does not appreciate this being jammed down his throat. rainage is of top concern in the area. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 43G8 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 17, 1994 Agenda Item B-5 C 1-9 C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 Having no one else present that wished to be heard, President Hunzike>{ closed the hearing. After Council discussion, Canfield moved, Evans second to adopt the Findings of Fact including the 10 conditions as listed on the Request for Council Action. After further Council discussion, vote was taken. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to approve the Consent Agenda as follows: Approve the minutes of the October 3, 1994 meeting. Adopt the following Licenses and Bonds: Gambling - Temp. - Silver Lake Community Playground - Raffle 3-15-95 Master Installer - Troy A Pearson of Stillwater, Mn. Sign Installer - Roling Signs, Sioux Rapids, Ia 50585, Arrow Sign Co. Cedar, Mn. Misc. Activity - ISO - Roch.Ed. Assoc. Fitness walk 10-25-94. Adopt Resolution No. 560-94 approving the issuance of a Sound Ampli- fication Permit and waiver of time consideration for,the Meadow Park Church of Christ for the Summer of 1995 at 1315 6th Ave. S. E. Adopt Resolution No. 561-94 approving the Sound Amplification Permit and 3.2 On Sale Beer license for the Downtown Businesss Assoc. Octoberfest on Oct. 15 from 5 to 10 P.M. located in the Peace Plaza. Adopt Resolution No. 562-94 approving a hearing to be set for Nov. 21, 1994 on the Assessment for Weeds, Trees, Debris, Sewer/ Water and Snow. Approve the Accounts Payable ( semi -monthly ) in the amount of $2,129,028.10. Filed with the City Clerk. Approve the appointment of Julie A. Timmerman to the Human Rights Commission.Term to expire May 1, 1996. Adopt Resolution No. 563-94 setting a hearing for Nov. 21, 1994 on the proposed vacation of a portion of the ROW for the East Frontage Road of N. Hwy 52. Adopt Resolution No. 564-94 setting a hearing to be held on Nov. 21, 1994 on the proposed vacation of a portion of 3rd Ave. N.W. between Chalet Dr. N.E. and West River Parkway N. W. ( Springer Rgynolds, Burke, Geselle and Geselle ). Ayes (7), Nays (0).Motion carried. 1 RECORD OF .OFFICIAL PROCEEDINGS OF. THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - Oct. 17, 1994 COUNCIL 4369 Agenda Item D-1 Dennis Hartog Requested to be heard regarding the Housing complaints that Elite Property Management was responsible for. He responded to the complaint that he was hard to contact. He said that a company -his size, it was hard to get him on the phone, but that he tries to answer all messages. It is hard for him to respond to the complaints, if he never receives them in the first place. He will not take responsibility for the criminal actions of his tenants. Mr. Hartog replied to Mr. Robert Hague, Bldg. Inspector that the majority of rental units are registered. It was mentioned two weeks ago that the building at 1143 1st St. N.W. was in terrible shape. He has since tried to clean it up and will keep it up in the future. An owner of 301 6th St. S.W. was present and stated that he did do his own maintenance and would see to it that junked vehicles are taken care of too. The owner of 108 7th St.N. W. was present and stated he has also done his own clean-up. Many other rental units, the owners are responsible for the clean-up too. Mr. Hartog went over numerous addresses and stated that it either was cleaned up or would be shortly. He tries to keep current with the tenants and their problems as well as trying to keep them well maintained. He stated that he did check about the lack of units having rental certificates and he stated that Mr. Hague of the Building and Safety Dept. apparently did not keep accurate records because he had most of the certificates. Mr. Hartog reminded the Council that it was not right to enforce codes beyond what the Ordinance says. Councilmembers stated that they received many calls regarding the condition of property as well as the noise and the violance taking place in some of the homes and as Councilmember Senjem stated that " You have done some good and now you should go forth and continue to work on the problems that have been presented and make this a better community". President Hunziker asked the Mayor and neighbors and Police Chief to meet and discuss problems as they occur so that this sort of thing does not get out of hand again. No further action was taken at this time. Written information is on file with the City Clerk ( Request for Council Action ). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4370 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 17, 1994 Agenda Item D-2 Wishing to be heard was Debbie Fluer of 1812 llth Avenue N. E. and she wanted Councilmember Paul Myhrom to cease saying negative things about women. She statedthat Mr. Myhrom needs help that is why he keeps saying bad things about women. Jeff Gorfine of 2315 loth Avenue N. W. wished to be heard and also was also upset with Councilmember Myhrom's words and deeds both ° during Council meetings and on his TV show. He wanted this to stop immediately and resign from his position as Councilmember. Ann Sullivan of 1831 Viola Heights N.E. also spoke on behalf of Lois Cook's family. She stated that Councilmember Myhrom said Lois Cook deserved to die and this could have been stopped since the TV show was taped. She said that such a statement should never have been said and Councilmember Myhrom should resign. Dorothy Arends of 406 22nd St. S.W. stated that Councilmember Myhrom was a total embarrassment to the First Ward. a man from 520 8th St. S.W. ; Allen Brace of 4011 Carol Lane N.W. and a representative from 1833 16 1/2 St. N.W., Roberta Skow of 821 3rd Avenue S.E. Sharon Berkshriner of Oronoco all were disturbed by Councilmember Myhrom's comments and urged him to resign.Also speaking was Ted St. Maine of 603 6th St. S.E. Councilmember Myhrom responded that he only made the remark to bring attention to an issue. He stated that no one deserves to be bashed, murdered/ maimed or disabled. He stated that a "man" is sometimes given a "guilty" verdict simply on the media and how they write the story. He gave as an example a friend who was male and was harassed by a woman. He did not want to hurt the family of Lois Cook. Councilmember Senjem should be the one to resign for the things he said about Councilmember Myhrom in the Post Bulletin.. Councilmember Canfield stated that the things Councilmember Myhrom sa. were mean and vindictive. City Attorney Terry Adkins stated that non-feasance or,'rialfeasance is the only charge that can remove someone from office. No other grounds are acceptable. Councilmember Evans agreed that the actions and words of Councilmember Mhyrom was not good. Councilmember Senjem apologized to Myhrom and the Council for bringinc this up at a public meeting, but he felt that he wanted to react to Councilmember Myhroms comments. Councilmember Senjem also apoligized to the family of Lois Cook on behalf of Councilmember Myhrom and the entire Council for this incident. E-1 Senjem moved, Canfield second to approve the performance Evaluation for Donald Wees. Councilmember McConnell is opposed to this procedur( and will obstain. Ayes (5), Nays (0).Abstained (2). McConnell and Myhrom. Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - October 17, 1994 4371 Agenda Item Canfield E-2 moved, Stobaugh second to adopt Resolution No. 565-94 approving Change Order No. 2 - for the Library Project in the amount of $9,254.00. Ayes (7), Nays (0).Motion Carried. E-3 Evans moved, McConnell second to adopt Resolution No. 566-94 approving Change Orders 3,5, and 6 in the total amt. of $50,393.00 for the Ramp/Skyway. Ayes (7), Nays (0).Motion Carried. E-4 Canfield moved, Stobaugh second to adopt Resolution No. 567-94 accepting the State Aid Agreement for the Replacement of Undergroun Storage Tanks at the Rochester Municipal -Airport - Mn/DOT 5501-89 J 6907 Agreement No. 72442. Ayes (7), Nays (0).Motion carried. E-5 Senjem moved, Stobaugh second to adopt Resolution No. 568-94 authorizing the Results of the Charter Election held in May'1994 to be implemented into the election system stating the terms of offices and the new election dates for the City of Rochester. The City Clerk is instructed to send a certified copy of this resolution to the Secretary of State. Ayes (7), Nays (0).Motion carried. E-6 Senjem moved, Evans second to approve the transfer of the Kahler Corporations On -Sale Intox. Liquor license to Kahler Management Corporation - This also transfers the Sunday Liquor/license. Ayes (7), Nays (0).Motion Carried. j E-7 Senjem moved, Evans second to adopt Resolution No. 569-94 accepting a bid from Hawkins Chemical Inc. Mpls. Mn. for Ferric Acii fora cost of $279.57.per dry ton.and $25.00 delivery on Sat., Sun., or holidays. and CYtec_Ind. for one years supply of liquid aluminum sulfate for a total of $150,070.00. Ayes (7), Nays (0).Motion carried. E-8 Evans moved, McConnell second to adopt Resolution No. 570-94 approving the pur:chase of a 4,490 sq. ft. temp. easement int. for City Project 8408-94 J 9317 from the owners of the Domaille- Postier Buick at the purchase price of $2,500.00. Ayes (7), Nays (0).Motion carried. Councilmember McConnell asked to be excused from the remainder of the meeting because he was ill. E-9 Stobaugh moved, Senjem second to adopt Resolution No. 571-94 approving the purchase of ROW from Oak Terrace Estates Marion Rd. S.E. widening Project J 2235 for $60,000. subject to the condition of the negotiated settlement. Ayes (6), Nays (0).Motion carried. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4372 Adjourned Meeting No. 12 - October 17, 1994 Agenda Item E-10 E-11 E-12 E-13 E-14 E-15 E-16 E-17 Canfield moved, Myhrom second to adopt Resolution No. 572-94 and 573-94 declaring the cost to be assessed and ordering a public hearing for November 21, 1994 on Proj�'ct 6202-3-92 J 9191 - Street Reconstruction of 2nd St. S.W. from Broadway to 2nd Ave. S.W. and Grind and Resurface 2nd St. S.W. from 2nd to 5th Avenue S.W. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 574-94 and 575-94 declaring the cost to be assessed and ordering a public hearing to be held on Nov. 21, 1994 on Project 6201-4-90 J 9071 St. Reconstruction on 1st St. N.W. from 16th Ave. to llth Ave. N. W. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 576-94 and 577-94 declaring the cost to be assessed and ordering a public hearing on Nov. 21, 1994 on Project 6204 1/2 -4-93 J 9264 - Reconstruct 4 1/2 St. N.W. from llth Ave. to 13th Ave. N.W. from 4 1/2 St. to 5th Place N.W. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 578-94 and 579-94 declar.ing,the cost to be assessed and ordering a public hearing to be held on Nov. 21, 1994 on Project 6350-4-94 J 9293 St. Improvements to 50th Ave. N. W. from 55th St., N.W. to 1500 Ft. South of 55th St. N.W. Ayes (6), Nays (0).Motion"carried. Evans moved, Stobaugh second to adopt Resolution No.579A-94 and 580-94 declaring the cost to be assessed and ordering a public hearing for Nov. 21, 1994 on Project 6219-4-93 J 9269 - Street Reconstruction on 19,h St. N.W. from CSAH 4 to West of 32nd Ave. N.W. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 581-94 and 582-94 declaring the cost to be assessed and ordering a public hearing for Nov. 21, 1994 on Project 6502-93 J 9281 - Basic Construction in 19th Ave. N.W. from the N. Ln. Stevens Court Sub. to the N. Ln Lots 7 and 18 Allendale Sub. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 583-94 granting a variance from State Aid Rules on 15th Ave. S.E. at 8 1/2 St. S.E. to provide for constructing left turn lanes and signalizing the intersection. The variance would permit a 48 foot wide street in lieu of the 52 foot width. This also holds the State harmless from claims resulting from the reduction in street width. And also the City Attorney's approval. Ayes (6), Nays (0).Motion carried. Myhrom moved, Evans second to add 55th St. N.W. as a 5 ton truck route from 18th Avenue N.W. to TH 52. The City Attorney will draft an Ordinance for adoption. Ayes (6), Nays (0).Motion Carried. 1 F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 12 - Oct. 17, 1994 4373 Agenda Item Canfield moved, Evans second to table No. A-4 on the Request for E-18 Council Action for discussion at the Committee of the Whole. Ayes (6), Nays (0).Motion carried. Canfield moved, Stobaugh second to approve and adopt Resolution No. 584-94 to establish Civic Center Parking Ramp Rates and Hours and add the management of the Civic Center Ramp to the current parking management contract with APCOA, Inc. Ayes (6), Nays (0).Motion carried. Res. 585-94 was also adopted. E-19 Evans moved, Canfield second to adopt Resolution No. 586-94 approving the adding of Para 184.5 to Sec. B No Parking Zones - llth Ave. N.W. on the W. side from 9th St. to 12th St. between the hours of 7 A.M. to 6 P.M. Mon. thru Fri. Except legal holidays. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 135.08 of the Rochester Code of Ord. Relating to Truck Routes was given its first reading. F-1 An Ordinance Rezoning property and amending Ord. 2785 known as the Zoning Ord. and Land Dev. Manual of the City of Rochester was given its second reading. Stobaugh moved, Evans second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. G-1 Senjem moved, Canfield second to remove the tabled item of a proposed project - 9406-J 9313 - San. Sewer Ext. 36th Ave. S.E. to Strathmore Lane S.E. in Sunhyda.le from the table. Ayes (6), Nays (0).Motion Carried. Senjem moved, Evans second to adopt Resolution No. 587-94 approving the project.Ayes (6), Nays (0).Motion Carried. Having no further business, Evans moved, Stobaugh second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. City Clerk