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HomeMy WebLinkAbout05-15-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 44. CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 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 Hearin on the proposed Project 6241-4-94 J 9295 - Grading and 9 P P J 9 Surfacing 41st St. N.W. from 31st Avenue N.W. to West Circle Drive. Wishing to be heard was Charles Till of 5730 75th Avenue N.W. Byron, Mn. He asked someone to explain the assessment procedure and if his farm will ever be affected. Mr. Richard Freese of the Public Works Dept. explained the assessment policy and that the property will not be assessed as long as it remains outside of the City limits and or does not connect to the improvements. If Mr. Till needs further information he can contact Public Works at any other time. Wishing to be heard was Jim Till, Brother of Charles and co-owner of the farm in Byron. He wanted further information on the assess- ment procedure such as future assessments and interest on that assessment, etc. Don McGillivray of the Public Works Dept. gave Mr. Till a brief explanation of the assessment procedure and if he had any more questions, please call the Public Works Dept. directly. After Council discussion and no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 218-95 approving the project. Ayes (7), Nays (0).Motion carried. President Hunziker introduced the delegation from Moosburg Germany at this time. Moosburg is our sister city and they are in Rochester for a few days. Mayor Anton Neumaier of Moosburg spoke, thru an interpreter for the group by the name of Herta Matteson of Rochester, He thanked the City Council for allowing them to be introduced and listen to a part of this meeting. B-2 A Hearing on the proposed Assessment on Project 8403-94 J 9317 - San. Sewer Ext. Alg the N. Line Lot 1, Blk 1 Domaille-Postier Sub. to serve areas N and E of Domaille-Postier Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Evans second to adopt Resolution No. 219-95 approving the assessments. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed New Sidewalk Project No. 1-1995 J 9335. Wishing to be heard was Greg Cooper of 1103 34th St. N.W. and does not see a need for this improvement. They have no foot traffic and sidewalk would be a waste of time. Wishing to be heard was Jim Baier of 5953 Woodridge Lane and he owns property at 1705 So. Broadway. He does not want sidewalk in front of his business. He stated that he can move the parking bumpers so that cars will not protrude into the "sidewalk ROW", but he does not want the actual concrete sidewalk. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 4467 Agenda Item B-3 Mr. Richard Freese, Public Works Dir. stated that someone requested that the sidewalk be installed and thus they proceeded with this hearing. Mr. Freese suggesed that moving the bumpers back would be a possible solution of people parking on the sidewalks, however, the snow which would then accumulate on the sidewalks should not be a problem to remove, other businesses with similar problems have to remove snow and seem to do it. Wishing to be heard was Clarence Horst of 2821 26th St. N.W. and is opposed to this. The 7th Day Adv. Church does not want or need the sidewalks. Wishing to be heard was Kathy Nolan of 953 14th Avenue S.W. They do not want the sidewalk in the area as it would cause a traffic problem 12 houses are so close to the road and it would destroy their yard and the one family with children do not want the sidewalk either. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 219A-95 approving the project but eliminatin the area on 14th Avenue near Folwell School and the llth Ave. N.W. (near the church ) area . Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the New Sidewalk Project No. 3-1995 J 9342 - Rolling Greens area. Wishing to be heard was Tom Mueller of 3603 20th Avenue N.W. and stated that there are three areas in this project and will have speakers for the three areas. His area is 20th Ave. and of the citizens on 20th Ave. he had 100% of the people opposed j to this project. He stated that they do not want the trees disturbe if this project was approved and the streets are dead end streets and they do not want sidewalks. He asked how many people attending this meeting were opposed and approx. 150 people attending this Council meeting rose in opposition. Wishing to be heard was Ken Brown of 2017 28th St. N.W. and he spoke for the people on 28th St. They also presented a petition in opposition. Mr. Brown is concerned about the run-off. If sidewalks were put in, then the drainage would not have the natural flow that it has now. They do not want sidewalks in their neighborhood. Wishing to be heard was Duane Olson of 3313 20th Avenue N.W. He is opposed to this project. Wishing to be heard representing the people on 21st Ave. N.W. r was Robert Sonneberd of 3403 21st Ave. N:W. and his petition had 23 against this project and one in favor. They do not- want sidewalk!. Wishing to be heard was Mrs. Paul Thompson of 1828 38th St. N.W. She stated that the older people in the area can't afford the side- walk and they have sidewalk across the street - "walk over there". Having no one else present that wished to be heard, President Hunzi er closed the hearing. McConnell moved, Senjem second to deny the proj ct. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4468 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 Agenda Item B-5 An A Hearing on the Project No. 7023 Debris Removal, Project 7024 Tree Removal and Project 7022 Snow Removal. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, McConnell second to adopt Resolution No. 220-95 accepti the assessments. Ayes (7), Nays (0).Motion carried. A Hearing on the Rochester City Lines Service Change on Route 13 Pinewood Area. Tony Knauer of the Public Services Traffic Dept. 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 adopt Resolution No. 221-95 approving the change. Ayes (7), Nays (0).Motion carried. A Hearing on the Amendment to Planned Unit Dev. R-11 ( Candlewood and Cedarwood Mall ) to allow the placement of a Freestanding Sign. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Evans second to adopt Res. 222-95 approving the request. Ayes (7), Nays (0).Motion carried. A Hearing on the Type III Phase II Preliminary Dev. Plan Cond. Use Permit 95-4 for a Restricted Dev. Adaptive Reuse of the Historic Mayowood Farm Buildings. There are four buildings in this request and those are: a woodframe house to be used as a coffee shop, the stone house as a caretakers residence and or an antique shop, the stone barn as a seasonal exhibit hall for various uses as auctions, meetings, weddings, etc. and the connected stone barn (stable ) for a restaurant. Wishing to be heard was Bernard Donovan, appearing on behalf of the applicant, Mayowood Enterprises. He stated that these historic landmarks in Rochester are in need of a further use than originally intended. This property should be preserved as a historic landmark in Rochester and use of the nature that is requested would be a perfect use and setting for this property. He urged the Council to consider this request. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. and he is the Engineer representing the applicant. He went over the desired uses as mentioned above and stated that these buildings are on the National Registry of Historic Buildings. Mr. Tointon stated that this project would be done in two phases. Phase I would be completed in 1995-1996 and Phase II would be 1997 and 1998. By doing this in phases it would allow time for road improvements and allow the applicant to see how the coffee shop would go over. He also noted that Phase I is a relatively minor change to the site. Mr. Tointon also stated that the phasing plan. if approved by the Council would be spelled out in the Final Plan that would be submitted to the Council at a later meeting. A Traffic count was taken on the road and 1550 vehicles travel that road daily. In Phase II the restaurant would be implemented. A RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 4469 Agenda Item B-8 Mr. Tointon also. brought out that if this area would be developed into single family homes, that sort of activity would generate more traffic than this proposed use for the Mayowood property. There are 13 criteria listed by the Planning and Zoning Commission and that is made a part of the Request for Council Action and should be made a part of these minutes. Mr. Tointon agreed to all 13 conditions and noted that the Planning Commission voted 6-1 to approve this request. Wishing to be heard was Patrick O'Leary of 3340 Mayowood Hills Dr. S.W. He is worried about the amount of traffic this will generate and safety issues. His children ride the bus and have to cross the road. More traffic would increase his concerns for safety. Also in the area are hikers and bikers. They would also have a harder time if traffic would increase. He would like the Council to consider this carefully and Would like to see a traffic alternative if the project is approved. Wishing to be heard was Bud and Elsie Brooks. They have lived in the Mayowood area fora few years. He welcomes. this proejct as it is a good use for the property and preserves the buildings. Wishing to be heard was Patrick Dean of 3335 Mayowood Hills Dr. S.W. He encouraged the Council to establish a Citizens Task force to help in the establishment of preserving history as well as develop- ment. Wishing to be heard was Jance Coy of 3320 Mayowood Road. She said that approx.. 157 people walk or rollerblade in this area on week- ends and she is concerned about increased traffic. She also is concerned about a need for a liquor license of some sort for the proposed restaurant and the close proximity of a school less then 1 mile away. She is opposed to any future development and would like to see the property remain as it is at the present. A resident of 2916 Stonegate Ct. S.W. She too, is concerned about the potential traffic and the licenses involving liquor. Wishing to be heard was Al Schimoeller of 2725 Mayowood Lane S.W. He is concerned about the increased traffic and a potential widening of the road. Wishing to be heard was a resident of 3730 Mayowood Rd. S.W. and stated that the development as proposed by Mr. Donovan is a good one and they are in favor. Anything else might destroy the beauty of the buildings and the area. Wishing to be heard was Ed Mayo who is co-owner of the barns, and buildings at Mayowood. He is speaking on behalf of his brothers and sisters too. They are in favor of Mr. Donovan's propose use of this area. They, too, see this as a preservation and good use of the buildings that are so dear to him and his siblings. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4470 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 Agenda Item C-1-9 C-1 C-2 IC-3 IC-4 Councilmember McConnell stated that something has to be done about keeping the neighbors informed about what is planned, when, etc. He suggested a neighborhood meeting. Mr. Mayo stated that he agre a meeting would be a good idea and that they will do it real soon. Wishing to be heard was Terri Deutsch of 3230 Mayowood Rd. She is still concerned about the generated traffic and would like to see Mayowood stay as it has in the past. She also thinks getting to- gether to discuss the project is a good idea. The residents that spoke to the Council all stated that they would have liked more information on what was going on. Bill Tointon, Eng. of McGhie and Betts, Inc. stated that he would be happy to meet with the people. Generally the plans are spelled out more in detail in the Final Plan, this being only a preliminary plan details were not spelled out. Having no one else present that wished to be heard, President Hunziker closed the hearing. After Council discussion, Myhrom moved, Canfield second.to adopt Resoluti.on No. 223-95 approving the plan with the conditions (13) . Ayes (7), Nays (0).Motion carried. It was also suggested by the Council that they hold a meeting of the neighbors and interested people before the Final Plan. Canfield moved, Senjem second to approve the following Consent it Approve the minutes of the May 1, 1995 meeting. Approve the following licenses and bonds: GAMBLING- Knights of Columbus - ; Northland Children's Services, Inc. ( Ronald McDonald House) - Raffle - 5-20-95 OUTDOOR DINING - Deborah Raiter DBA Star Born Coffee House -120 1st Ave. S.W. PIGEON PERMIT - Lorraine and Matthew Day -840 5th Ave. S.E. SEWER AND DRAIN Tory Keefe Construction -Stewartville, Mn. SIDEWALKS - Schwartz Construction - Eyota,Mn. Tory Keefe Construction Stewartville, Mn. and Gene Langenfeld DBA Durable Pathways, Inc. Warsaw, Mn. Approve the Sound Amplification Permit for the Rochester Arts Center Festival to be held on June 17-18, 11 A.M. to 6 P.M. Approve the Accounts Payable in the amount of $2,912,698.08 list is with the City Clerk. 1 I IC-5 Adopt Resolution No. 224-95 authorizing the City Clerk to advertise for bids on collections and furnishings of the Rochester Public Library. Bids 11:00 A.M. on June 7, 1995. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF RO.CHESTER, MINNESOTA Adjourned Meeting No. 27- May 15, 1995 COUNCIL 4471 Agenda Item C-6 Approve the appointment to the Human Rights Commission of Mary Jane Weamer 1905 Stonewall Lane S.W. for a term to expire May 1, 1997 - replaces Marie Miller. Three year terms expiring in May 1, 1998 - LuAnne DiMatteo at 402 31st St. N.E. and Ellen Barnett 2048 15th Ave. N.W.; Teresa Byland 2828 Fox Valley Dr. S.W. and A"lison Chatman - 1430 4th Avenue S.E. C-7 Adopt Resolution No. 224A-95setting a hearing date for June 19, 1995 on a proposed vacation by Pamela and David Mittelstadt for Lot 6, Blk 3, Willow Heights First Sub. C-8 Adopt Resolution No. 225-95 setting a hearing date for June 19, 1995 on the proposed vacation of Mary C. Andersen of Lot 3, Blk 1, Replat of Lots 3,4, Blk 3, Innsbruck one. C-9 Adopt Resolution No. 226-95 authorizing the City Clerk to advertise for bids on Construction of Mayo Run Pond Project 9409 J 4889. Ayes (7), Nays (0).Motion carried. D-1 Kathleen Stutz and Warren Higgins wished to be heard regarding the Women's Shelter/Family Re -Unification. Ms. Stutz stated that the Women's Shelter should stop discrimin- ating against men and children. She would like to see funding ceased until equal treatment is offered men and children. She is a grandmother and has problems caring for her grandchild. She has written to various governmental bodies stating her concern and she is present tonight to inform the Council. Wishing to be heard was Warren Higgins. Mr. Higgins also agrees with Ms. Stutz. He urged the Council to help them in this very important topic. They both stated that the laws have to be changed. Council took this under advisement. D-2 Wishing to be heard was Ken Weber regarding second hand smoke. Mr. Weber presented an Ordinance for consideration of the Council the contents of this ordinance is: Definitions, Smoking Prohibited, Smoking Permitted, Signs•, Penalties, Enforcement and Support Fact Sheets. This is attached to the Request for Council Action and is on file with the City Clerk. The Council took this under advisement. E-1 Senjem moved, Stobaugh second to adopt Resolution No_. 227-95 approving the Change Order No. 9 in the amt. of $70,398. to Lovering Johnson for the Civic Center Ramp/Skyway. Ayes (7), Nays (0).Motion carried. E-2 Canfield moved, Stobaugh second to adopt approving Change Order No. 3 in the amt. Knutson City Hall Construction Contract. carried. Resolution No. 228-95 of $50,064. to the Ayes (7), Nays (0).Motion Ir 4-472 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 Agenda Item E-3 E-4 E-5 E-6 E-7 Cam'? E-9 E-10 E-11 E-12 Stobaugh moved, Evans second to adopt Resolution No. 229-95 approving a Change order in the amount of $34,398. to Benike Library Construction contract . Ayes (7), Nays (0).Motion carried. Canfield moved, Stobaugh second to approve the proposal from Communications, Inc. Owatonna, Mn. for replacemetn of phone cables at the Rochester Airport in the amt,. of `$20,817.50 and $16,083.50. Ayes (7), Nays (0).Motion carried. Evans moved, McConnell second to adopt Resolution No. 230-95 awarding the low bid of Road Machinery and Supplies Co. of St. Joseph , Mn. This is for the Rochester Airport and is a 1995 Model Motor Grader. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to instruct the City Clerk to set a hearing for June 19, 1995 on the Revisions to the Housing Code Ord. Ayes (7), Nays (0).Motion carried. Evans moved, Stobaugh second to instruct the City Attorney to revise the Ordinance as described in the attachment and give the Ordinance a first reading. This is RCO 50.01. Ayes (7), Nays (0). Motion carried. Canfield moved, Stobaugh second to adopt Resolution No. 231-95 approving the allocation of the City's 1995 Low Income Housing Tax Credits of $128,624. to Homested Village Assoc. for the Homestead Village project. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 232-95 authorizing execution of a lease agreement for property at 1108 5th Avenue N.W. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to initiate the vacation of First St. N.W. west of 19th Avenue N.W. adjoining Lots 6 thru 16, Blk 1 and Lots 1 thru 8, Blk 6, West Zumbro Addition. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to table the Maintenance Agreement with Olmsted Co. for 11.13 miles of Co. Roads within the City limit. More work needed to be done on costs before further Council consider Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the agreement with the County of Olmsted for rental of certain pieces of equipment in orde for the City to accomplish the maintenance work within the City. Ayes (7), Nays (0).Motion carried. Resolution 233-95 was adopted. ition. 1 RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27- May 15, 1995 COUNCIL 4473 Agenda Item E-13 Canfield moved, Stobaugh second to adopt Resolution No. 233A-95 awarding the contract to Custom -Dust ( W.P. Hickman) in the amount of $199,001.00. This is for restoration of the First Street Ramp. City Project No. 8215-18-95 J 2580. Ayes (7), Nays (0).Motion carri E-14 Senjem moved, McConnell second to adopt Resolution No. 234-95 approving the agreement for Traffic Signals at 37th St. N.W. and 21st Avenue N. W. Ayes (7), Nays (0).Motion carried. E-15 Senjem moved, McConnell second to adopt Resolution No. 235-95 approving the assessment agreement to levy the Water Service availability fee and watermain connection on property located at 3735 Hwy 63 N. Ayes (7), Nays (0).Motion carried. E-16 Senjem moved, Canfield second to adopt Resolution No. 236-95 and 237-95 ordering the feasibility report and a hearing to be held on June 19, 1995 on Project No. 6354-95 J 9346 - Construct Low Flume Concrete Flume in BelAir Drainageway on N. Line of Elton Hills North Third Sub. Ayes (7), Nays (0).Motion carried. E-11 McConnell moved, Stobaugh second to adopt Resolution No. 238-95 amending the Street ROW Plat No. 6 for 41st St. N.W. Ayes (7), Nays (0).Motion Carried. E-18 Evans moved, Myhrom second to approve the three donations/gifts to the Police Dept. totalling $1,713.40 Ayes (7), Nays (0).Motion carried. E-19 Myhrom moved, Evans second to adopt Resolution No. 239-95 approving the release of an easement for Mermaid Car Wash located on W. River Parkway. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sub. 1 of Sec. 50.01 of the RCO Relating to the Composition of the State Building Code Applicable within the City was given its first reading. F-1 An Ordinance Repealing Chapter 101 of the RCO Relating to the Reg- ulation of Bingo ; and Amending Sec. 107.05 of the RCO Relating to Investigation Fees for approval of Gambling premises permits and Bingo Hall Licenses was given its second reading. Senjem moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 125A.12 of the RCO relating to the Duration of Liquor Licenses and amending Sub..7 of Sec. 125A.23 of the RCO Relating to the Consumption of Alcoholic Bev. in public places and Sec. 45.22 of the RCO Relating to Consumption of Alcoholic Bev. in the Park. This was given its second reading. McConnell moved, Stobaugh second to adopt the Ord. as read. Ayes (7 Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 44'74 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 27 - May 15, 1995 Agenda Item F-1 Evans moved, Stobaugh second to approving an Owner contract for Sixth Sub. Phase V ( Lots 9 and with S.L. Contracting, Inc. Ayes adopt Resolution No. 240-95 Basic Construction in North Park 10, Blk 6 and Lots 36-50 Blk 5), (7),Nays (0).Motion carried. Having no further business, Canfield moved, Stobaugh second to adjourn the meeting. Ayes (7), Nays (0). Motion carried. • City Clerk 1