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HomeMy WebLinkAbout11-21-1994RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4330 CITY OF ROCHESTER, MINNESOTA - Common Council Meeting No. 14 - November 21, 1994 Agenda Item A-1 B-1 B-3 B-5 President Hunziker called the meeting to order at 7 :00 P.M., the following members present: President Hunziker, Councilmembers Canfiel Evans, Myhrom, Senjem and Stobaugh. Absent: Councilmember McConnell. A.Hearing on the proposed assessments for Project 6202-3-92 J 9191 Reconstruction of 2nd St. S.W. from Broadway to 2nd Ave. S.W. and Grind and Resurface 2nd St. S.W. from 2nd Avenue to 5th Ave. S.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Canfield second to adopt Resolution No. 606-94 approving the assessments and transfer $28,172.90 from J 4844 to cover the project. Ayes (6), Nays (0). Motion carried. A Hearing on the proposed assessments for Project No. 6350-4-94 J 9293 - Street Improvements to 50th Ave.N.W. from 55th St. N.W. to 1500 Ft. S. of 55th St. N.W. Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 607-94 approving the assessment Ayes (6), Nays (0).Motion carried. A Hearing on the proposed assessments on Project 6502-93 J 9281 Basic Construction in 19th Ave. N.W. from the N. Line Stevens Ct. Su to the N. Ln Lots 7 and 18 , Allendale Sub. Having no one present th wished to be heard, President Hunziker closed the hearing. Evans moved, Stobaugh second to adopt Resolution No. 608-94 approving the assessments. Ayes (6), Nays (0).Motion carried. A Hearing on the proposed assessments of Project No. 6219-4-93 J 9269 - Street Construction in 19th St. N.W. from CSAH 4 to West of 32nd Avenue N.W. Having no one present that wished to be heard, President Hunziker closed the hearing.Stobaugh moved, Canfield secon to adopt Resolution No. 609-94 approving the assessments. Ayes (6), Nays (0).Motion Carried. A Hearing on the proposed assessments of Project 7021- Weed Eradication; Project 7023 Debris Removal; Project 7024 Tree Removal and Project 7025 Sewer and Water. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolution No.610-94, 611-94, 612-94 and 613A-94 approving the assessments. Ayes (6), Nays (0),Motion carried. A Hearing on the proposed assessments of Project 6204 1/2-4-93 J 9264 - Street Construction, Concrete Curb and Gutter, Sidewalk and Watermain on 4 1/2 St. N.W. from llth' to 13th Ave. N.W. from 4 1/2 St. N.W. to 5 Place N. W. Having no one present that wished to be heard, President Hunziker closed the hearing. President Hunziker stated that a letter had been received from Gertrude Sehl and had a question about parking spaces. Richard Freese, Public Works Director will follow up and answer that inquiry. Having no further discussion, Canfield moved, Stobaugh second to adopt Resolution No. 613-94 approving the assessments. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - November 21, 1994 438 1 Agenda Item B-7 A Hearing on the proposed assessments on Project 6201-4-90 J 9071 Street Reconstruction , Con. Curb and Gutter, Storm Sewer and Watermain on 1st St. N.W. from 16th Ave. N.W. to llth Ave. N.W. Having no one present that wished to be heard, President Hunziker closed the hearing.., President Hunziker mentioned a letter received from Hanna Ladno inquiring about the deferring of an assessment because of.hardship, etc. The City of Rochester has never adopted a hardship policy and thus Ms. Ladno would not qualify for that. Senjem moved, Stobaugh second to adopt Resolution No. 614-94 approving the assessment. Ayes (6), Nays (0).Motion Carried. B-8 A Hearing on the Community Development Block Grant Program consolidated plan. Having no one present that wished to be heard, President Hunziker closed the hearing. Since the Council did not receive any public comments, the Council will authorize staff to submit the proposed Consolidated Plan along with any comments that have been received to HUD after the public comment period ends on December 9,.1994. Ayes (5), Nays (0).Councilmember Myhrom abstained Motion carried. B-9 A Hearing on the Zone Change Request by Gus Chafoulias on 59.94 acr located at 37th St. N.E. and East River Rd. N.E. Wishing to be heard was Bill Tointon of McGhie.and Betts, Inc.on behalf of the developer. Mr. Tointon presented the plan for the area, but they did not have specific uses yet because that would follow the request for a zone change. If this change was approved, then they could go forward. He stated teat 44 acres would actually be used and the zone change was part of the Land Use Plan which is consistent with the " Commercial" designation as shown on that Land Use Plan. Concerns of the neighborhood -such as Traffic, Buffering and Landscaping will be addressed later when the action of the request.tonight is known. Wishing to be heard was Dean Underwood of 145 North River Ct.and stated the concerns for a stop sign to be installed and traffic control. He would like to have this matter studied. Councilmember Senjem stated that he hopes this matter will be addressed. A few months ago the traffic count did not meet the criteria for a stop sign. Maybe this will have enough impact to create a study. Also stating concerns about traffic and buffering was Michael Banitt of Ill Northwood Ct.; Susan Ockey of 113 North River Ct., Peter Sohammer was also interested in an additional park. It was also mentioned that the bike path is a concern. Councilmember Senjem stated that these people have no access to a park and that it does not have to be a big park, just a small neighborhood park. Having no one present that wished to be heard at this time, President Hunziker closed the hearing. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4332 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - November 21, 1994 Agenda Item B-10 B-11 B-12 C-1-9 C-1 C-2 After further Council discussion, Canfield moved, Evans second to approve the zone change and instruct the City Attorney to prepare an Ordinance. This was based on the fact that the rezoning is consistent with the Land Use Plan designation. Ayes (6), Nays (0). Motion carried. It was mentioned by Councilmember Stobaugh that it seems that the average landowner does not know the designations of commercially zoned and what is a B-1 etc. President Hunziker stated that he agreed. What might be nice would be a disclosure statement by realtors stating the exact meaning of the current zoned property and what may be expected to go in next door or in the area. This would help a .fu-ture homeowner to understand the entire picture before they buy,the property. A Hearing on the proposed Final Plat of Northern Heights East loth Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 615-94 approving the plat subject to the conditions as listed on the Request for Council Action. Ayes (6), Nays (0). Motion carried. A Hearing on the proposed vacation of a portion of the ROW for the East Frontage Road of N. Hwy 52 by Cordul Commerical Park. Wishing to be heard was Mike Nigbur of McGhie and Betts, Inc. on behalf of the applicant. He needs this to enhance the building ofa new NAPPA store. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Strain second to adopt Resolution No. 616-94 approving the vacation with the two conditions as listed on the Request for Council Action. Ayes (5), Nays (0). Councilmember Evans abstained. Motion carried. A Hearing on the Petition for proposed vacation of a portion of 3rd Avenue N.W. between Chalet Dr. N.E.and West River Parkway N.W. ( Springer, Reynolds, Burke ,Geselle and Geslle. ). Wishing to be heard was James Burke representing the petitioners and urged the Council to approve this. Having no one else present that wished to be heard, President Hunziker closed the hearing. Evans moved, Stobaugh second to adopt Resolution No. 617-94 which includes the three conditions as stated on the Request for Council Action. Ayes (6), Nays (0).Motion carried. Approve the minutes of the November 7, 1994 meeting. Approve the following licenses and bonds: HEATING CONTRACTOR N.S. Mechanical, Inc. Buffalo, Mn. MASTER INSTALLER Noel D. Snare , Buffalo,Mn. MASTER PLUMBER Noel D. Snare DBA N.S. Mechanical, Inc. 1 Buffalo, Mn. HOUSE MOVING PERMIT Progressive Bldg. Movers for Mark Stanley - Roch.Mn. RECORD OF OFFICIAL PROCEEDINGS OF, THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - November 21, 1994 COUNCIL 4383 Agenda Item C-3 Approve setting a hearing date for December 5, 1994 for applicants who have submitted an application for the On -Sale Exclusive Liquor License. C-4 Approve the Accounts Payable in the amount of $1,222,729.50. This is filed with the City Clerk. C-5 Approval of setting a public hearing for December 19, -1994 to transfer the Rochester Housing Authority's powers to the Olmsted County HRA. C-6 Adopt Resolution No. 618-94 approving the Supplemental Agreement No. 2 for Project 6201-4-90 J 9071. The amount is $1,204.82 additiona C-7 Approve Supplemental Agreement No.l.for Project No. 6300 1/2-94 Alley from Center St. to 1st St. S.W. J 9318. The amount is $7,376.23 additional. Resolution 619-94 was adopted. C-8 Adopt Resolutions 620-94 and 621-94 declaring the costs to be assessed and ordering an assessment hearing for December 19, 1994 on Sidewalk Replacement Project 5-1994 J 9314 N.E. area of the City. C-9 Adopt Resolution No. 622-94 approving the CY 1995 for Bethel Lutheran Park and Ride in the 800 Block of 3rd Avenue S.-E. This ends December 31, 1995. Ayes (6), Nays (0).Motion carried. E-1 Myhrom moved, Evans second not to reconsider the early action which was to deny the holding of a public hearing for Revenue Bonds for the proposed Willow Creek Estates. The refund for the application fee would be returned to the applicant. Ayes (4), Nays (2). Councilmembers Senjem and Canfield voting nay. Mbtion'carried. E-2 Evans moved, Myhrom second to deny the request for funding for the Chadwick Rochester Institute. Ayes (3), Nays (3). Councilmembers Evans, Myhrom and Senjem voted nay. Motion ended in a tie vote and so no action was taken and this will be brought back to the Council at a later date. E-3 Canfield moved, Stobaugh second to waive the variance application fee for Thomas Smith due to the miscommunication with Mr. Smith. The fee is $150.00. Ayes (6), Nays (0).Motion carried. E-4 Evans moved, Canfield second to approve the Findings of Fact for Tennis Inflatable Structure. Ayes (6), Nasy (0).Motion carried. E-5 Canfield moved, Evans second to adopt Resolution No. 623-94 entering into a retainage agreement with Alvin E.Benike Inc. and Marquette Bank for alternate retainage of 5% of each progress payment. State Law allows the contractor to deposit equivalent amts cash or acceptable securities with a financial institution as an alternate to the 5%. Ayes (6), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4334 CITY OF ROCHESTER, MINNESOTA AdJourned Meeting No 14 - November 21-, 1994 Agenda Item L� E-7 E-9 E-10 E-11 E-12 E-13 E-14 Senjem moved, Stobaugh second to adopt Resolution No. 624-94 approving the request for U.S. Customs Service at the Rochester Municipal Airport. The annual cost of this would be $73,350.00 for the first year and $50,112.00 for the subsequent years. Funding will be City held airport revenue acct. 50% and Private source 50%. Ayes (6), Nays (0).Motion carried. Approve a request from the Rochester Public Utility Board to adopt a resolution rejecting the low bid from Dahl Ford for lack of bid security on a cab and chassis with flat.bed and crane and accept the second low bidder of Dave Syverson Truck Center in the amount of $47,039.00. Canfield,moved, Evans second to adopt City Resolution No. 625-94 approving the Board's action. Ayes (6), Nays (0).Motion carried. Evans moved, Senjem second to approve the applications for On -Sale Wine and On -Sale 3.2 beer for M and S Inc. DBA Two Worlds Restaurant at 340 Highway 52 North. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 626-94 approving the purchase of necessary land rights, inc. damages for the extension of 41st St. N.W. from Alton and Louise Shefelbine for $23,780.00. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 627-94 grant- ing authority to the City Attorney to transfer title of the above referenced homes to Habitat for Humanity and the authorization of payment to Habitat for Humanity in the amount of $17,000. to defray moving and associated expenses. Ayes (6), Nays (0).Motion carried. This is subject to an agreement with Habitat that a given amount of time to have the third home demolished. Senjem moved, Stobaugh second to adopt Resolution No. 628-94 ordering the execution of the Assessment Agreement for Kensington Cottages Plat 5152 Parcel 01002 in the amount of $12,082.25. Ayes (6), Nays (0).Motion carried. Senjem moved, Canfield second to table the request for One Way Traffic on Mayo Park Drive for further information. Ayes (6), Nays (0).Motion carried. Evans moved, Stobaugh second to adopt Resolution No. 629-94 approving the following Two Hour Parking Zone - 2nd St. S.W. (3.15) - 2nd St. S.W. on the S.side from a pt. 272 Ft. W. of the W Frontage Rd. of TH 52 to a pt. 500 Ft. W. of the W. Frontage Rd. 8 A. to 6 P.M. Monday thru Saturday. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 630-94 approving the Truck Loading Zone for Norwest Center as follows: 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting 14 - November 21, 1994 4385 Agenda Item E-14 1) Delete Para 1.1 of Sec. J Passenger and Commodity Loading Zones. 2) Add (12) 1st Ave. S.W. on the E. Side from W Center St. to 74 Ft. more or less, S. of West Center St. - 3 stalls 20 min. limit, Mon -Fri. 6 A.M. to 6 P.M. ( This is with Sec. D Truck Loading Zones) 3) Add Para. 1.1 to Sec. H - Zone F two hour parking - (1.1) Level 3 of the West Center Street Ramp, Segment "D" which lies west of the alley. Ayes (6), Nays (0).Motion carried. E-15 Senjem moved, Stobaugh second to instruct the City Attorney to prepare an Ordinance on changes to RCO 76A Sewage Treatment .- Chapter 76A Sewage Pretreatment. Ayes (6), Nays 10).Motion carried. F-1 An Ordinance Rezoning property to B-4-59.94 acres located at 37th St.N.E. and East River Road ( Gus Chafoulias Co.) was given its first reading. F-1 An Ordinance Amending RCO relating to the Regulation of Sewage Pretreatment. This was given its first reading. F-1 An Ordinance Amending and Reenacting Sec. 135.08 of the RCO Relating to Truck Routes was given its second reading. Senjem moved, Evans second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. G-1 Myhrom moved, Senjem second to remove the request from Capstone Auto Pawn Brokers Inc. from the table. Ayes (6 ), Nays (0).Motion Carried. Myhrom moved, Evans second to approve the request for a pawnbrokers license. for a.period ending Dec. 21, 1994. Ayes (16), Nays (0).Motion carried. G-2 Canfield moved, Stobaugh second to remove the Rochester Code of Ordinance 55 Update/Revision from the table. Canfield moved, Myhrom second to adopt the updated and revisions to the Rochester Fire Code. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Amending and Reenacting Chapter 55 of the Rochester Code of Ordinances relating to the Fire Prevention Code as given its first reading. Having no further business, Canfield moved, Stobaugh second to adjourn the meeting. Ayes (6 ), Nay (0).Motion carried, City Clerk