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HomeMy WebLinkAbout07-05-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4,4 9 0 Regular Meeting No. 31 - July 5, 1995 Agenda Item B-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. A Hearing on the Type III Phase by James Ryan and Paul Grinde to Concepts.) Wishing to be heard they do not have any problems wi by the Planning Commission with No. 3 states that the premises b office only and No. 4 states tha more than 12 employees. II, Planned Unit Dev. Amendment 95-3 amend existing PUD-8-78 ( CirKit was James Ryan of Rochester and th the conditions as placed on this the exception of No. 3 and 4. e occupied by a professional law t the law firm be limited to no Mr. Ryan would like to have this changed on No. 3 to "Professional Offices" and omit the word law so that this could be rented to accountants, or other professional people. On No. 4, they would like to have "12" increased to "18". Councilmember Evans stated that only 14 parking places are provided. Mr. Ryan stated that not every employee would drive and they would be encouraged to take other means of transportation such as bus, bikes, etc. There should be no problem with parking. Councilmember Senjem stated that he is bothered by the time restriction, sometimes a person may need a lawyer after hours and it would be nice to be able to go to his/her office if that need occurs. Wishing to be heard was Robert Adams of 1412 4th Avenue N.W. and is opposed to this being changed and is opposed to anything disruptive to the neighborhood. He preferred the church that occupied this building before Cir-Kit. The neighbors are opposed too Councilmember McConnell stated that this really is a business going into a Residential area. Having no one else present that wished to be heard, President Hunzi closed the hearing. After Council discussion, and the Planning Dept. explaining the reasons for the 14 parking places, etc. President Hunziker stated that the PUD dictated the kind of business allowed which in that instance was Cir-Kit ( mailing type business ) and if this was ever changed, then the PUD would have to come back to the Council and whoever applied would have to get permission from the Council to do business in that location. That is why this is before the Council and if this law firm ever sold the business again, that would have to come back to the Council again as per the regulations in the PUD. The neighbors have agreed to this method when the Cir-Kit was granted permission to do business and it should stay that way in the future. Councilmember Myhrom stated that he did not think a law office or possibly adding an accounting firm would be out of line with the intent of the PUD. 14 parking spaces should be ample as the City does provide public transporation too. it [1 rj 1 Agenda Item In FWA B-4 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - Julys, 1995 4491 Councilmember Stobaugh stated that he thought the statement "Professional Law Office" should remain as is. Councilmember McConnell also stated that"Professional Law Office" should remain. Councilmember Senjem stated that he would have no problems with just the statement "Professional Office". Councilmember Evans stated that this statement "Professional Law Office" should remain as a condition. He stated that the people in that ward were receptive to this and to change it now would be letting the people in his ward down. Having no further discussion, McConnell moved, Stobaugh second to adopt Resolution No. 312-95 approving an amendment to the PUD (B-78) Cir-Kit Concepts, to allow the establishment of a Professiona Law Office upon the property replacing the previously approved PUD. This included the six items as conditions listed on the Request for Council Action and is listed in the Resolution. Ayes (7), Nays (0).Motion Carried. A Hearing on the Final Plat of Southern Hills. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. of Rochester representing the applicant. He stated that the five conditions placed on this plat by the Planning staff are O.K. and they will be met. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Evans second to adopt Resolution No. 313-95 approving the plat with the five conditions listed by the Planning staff. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed project 6231-95 J 9350 - Extension of Sanitary Sewer and Watermain on 31st St. N.E. from 3rd Ave. N.E. to Tk Hwy No. 63. Having no one present that wished to be heard, President Hunziker closed the hearing. McConnell moved Stobaugh second to adopt Resolution No. 314-95 approving the project. Ayes (7), Nays (0).Motion carried. A Hearing on the Zone Change Request 94-10 by N.A.Realty, Franklin P.Kottschade R-1 to B-4 General Commercial on 74.32 acres along U S. 63 South , southerly of 40th St. S.W. A request was received from the applicant to continue this hearing until Aug. 21, 1995. and having no one present that wished to be heard, President Hunziker called for a tabling motion. Wishing to be heard was a representative of 4420 Hwy 63 South and wanted to know what was the latest happenings on this proposed zone change. He was brought up to date by the Planning staff. Evans moved, Canfield second to continue this hearing until the August 21, 1995 meeting. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Evans second to reschedule the hearing on the Land Use Plan to be August 21, 1995 also. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4,492 Regular Meeting No. 31 - July 5, 1995 Agenda Item B-5 C-2-17 C-2 C-3 C-4 C-5 C-6 C-7 A Hearing on the Proposed project 9407-95 J 9347 - San. Sewer and Watermain Ext. to serve the South Side of TH 14 East, 3850 Hwy 14 E. Plat 5065 Parcel 00800. Having no one present that wished to be heard,President Hunziker closed the hearing. Stobaugh moved, McConnell second to adopt Resolution No. 315-95 approving the project. Ayes (7), Nays (0).Motion carried. Evans moved, McConnell second to approve the Consent Agenda items 2-17. It was noted that on Item C-17 Senjem and Stobaugh work for the Mayo Clinic. Adopt Resolution No. 316-95 awarding the low bid submitted by Sign Solutions of Robbinsdale Mn. in the amount of $11,550.68 for the new signage at th-e Rochester International Airport and (This was for the Interior Signage) , and to Andco of Greensboro North Carolina in the amount of $27,044.00 for the Exterior Signage. Approve the following licenses and bonds: CIGARETTES - OVER THE COUNTER - Hobbies and Games Club- - 10 7th St. N.W. GAMBLING - semi=Annual - Premise AFLCIO Labor Temple 4-4th Ave.S.E. GAMBLING - Temporary --Raffle Church of Resurrection-8-27-95 St. Francis of Assisi Church 9-16 and 17- 1995 HEATING CONTRACTOR Matthew Daniels, Inc. Rosemount, Mn. Misc. Activities New Life Family Services Walk-a-thon 6-24-95 Essex Park. Wasioja Group of Sierra Club -100 mile bicycle ride 7-16-95 Rochester Education Assoc. Fitness Walk 8-31-95. SIDEWALKS AND CURB AND GUTTER ,DRIVEWAYS J.B.Zorteau Construction Cement Zumbro Falls, Mn. Royal Construction Co. (Asphalt) Roch.Mn. Approve the request for the issuance of a Temporary On -Sale Intox. Liquor Lic. for Tuffy's Boxing Promotions, Inc. for Graham Arena on July 14, 1995. Approve the Accounts Payable in the amount of $2,389,159.35. This is on file with the City Clerk. Adopt Resolution No. 317-95 settting a hearing date for August 7, 191. on a proposed annexation of 15.72 acres located dir. W. of East Circle Dr. N of Viola Rd. N.E. and W. and N. of Viola Hgts..Dr. NE. Adopt Resolution No. 318-95 approving a vacation -to set a public hearing for August 7, 1995 on the proposed vacation of a Utility easement dedicated on Lot 1, Blk 3, Fifth St. Sub. ( Dale Ragan ). �5 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - July 5, 1995 4493 Agenda Item C-8 Adopt Resolution No. 319-95 approving and supporting the Olmsted Co. Housing and Redev. Authority application to adm. the MHFA Rehab. Loan Program for Olristed Co. inclusive of the City of Roch. C-9 JAdopt Resolution No. 320-95 authorizing the lease agreement for property at 612 loth St. N.W. C-10 Adopt Resolution No.321-95 authorizing the City Clerk to advertise for bids on Project 6201-4-95 J 2253 - Construct lst St. N.W. from 19th Avenue N.W. ending in Cul-de-sac. Bids to be opened at 11:00 A.M. on August 2, 1995. C-11 Adopt Resolution No. 322-95 authorizing the City Clerk to advertise for bids on Project 6202-2-95A J,2254 - Concrete Pavement repair on 2nd St. S.E. from lst Avenue S.E.to Civic Center Dr. S.E. Bids to be opened at 11:00 A.M. on Aug. 2, 1995. C-12 Adopt Resolution No. 323-95 authorizing the City Clerk to advertise for bids on Project 6202-3-95 J 2173 Const. San. Sewer in 2nd St. S.W. from 14 to 16th Avenue S.W. Bids to be opened at 11:00 A.M. C-13 on Aug. 2, 1995. Adopt Resolution No. 324-95 authorizing the City Clerk to advertise for bids on Project 9407-J 2246 Grd. and Suf. on Silver Creek Rd. from Quarry Hill Park to E. Cir.Dr. Bids to be opened at 11:00 A.M. on Aug. 2, 1995. C-14 Adopt Resolution No. 325-95 authorizing the City Clerk to advertise for bids on Project 6301-3-95 J 2248 - Reconstruct/Rehabilitate 1st Ave. S.W. from 1st to 3rd St. S.W. Bids to be opened at 11:00 A.M. on August 2, 1995. C-15 Adopt Resolution No. 326-95 authorizing Clerk. the City Clerk to advertise for bids on Project 6311-3-95 J 9337 - Watermain Extenion llth Ave. S.E. Bids are to be opened at 11:00 A.M. on August 2, 1995. C-17 Adopt Resolution No. 327-95 and 328-95 approving the project and authorizing the City Clerk to advertise for bids on Project No. 6-1995 J 9343 - Handicap Accessible Ramp Construction. Bids will be opened at 11:00 A.M. on August 2, 1995. C-16 Adopt Resolution No. 329-95 accepting the proposal of Construction Management Services for design and construction services for the following Project 9407-95 J 9347 - San. Sewer and Watermain Ext-. to serve the South side of TH 14 East, 3850 Hwy 14 East Plat 5065v Parcel 00800. E-1 Senjem moved, Evans -second to instruct the City Attorney to draft revisions to the Rural Service Taxing District to define eligibility for parcels between 5 to 35 acres based on the land uses in Sec. 2(d) and defining "rural agri uses" and "forest land uses". Ayes (7), Nays (0).Motion carried. 4494 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 31 -July 5, 1995 Agenda Item E-2 Senjem moved, Canfield second to grant Mr. VanDerHeyden 90 days from the date of this meeting to attempt to sell the property at 324 South Broadway contingent upon City Council approval. Ayes (7), Nays (0).Motion carried. E-3 Stobaugh moved, Evans second to adopt Resolution No. 330-95 approving the Change Order No. 7 in the Benike Library contract in the amt of $19,600.00. Ayes (6), Nays (0).Motion carried. Councilmember Myhrom left the meeting. E-4 Stobaugh moved, Canfield second to adopt Resolution No. 331-95 amending the Zumbro Market Redevelopment agreement to void the assessment agreement. This is subject to four reasons that are listed on the Resolution. Ayes (6), Nays (0).Motion carried. E-5 (Councilmember Myhrom returned to the meeting.) Canfield moved, Stobaugh second to adopt Resolution No. 332-95 approving a resolution as adopted by the Rochester Public Utility Board approving a Contract amendment No..l to the Participation Power Sales Agreement between Mn. Municipal Power Agency and the Gity of Rochester and the Mayor and City Clerk are authorized to execute any agreements on behalf of the City. Ayes ('7), Nays (0). Motion Carried. E-6 Canfield moved, Stobaugh second to approve the use of streets as described on the RCA for The Peace Run to be held on July 18, 1995 from 5:40 to 7:15 P.M. Ayes (7), Nays (0).Motion carried. E-7 Evans moved, Cnafield second to adopt Resolution No. 333-95 which authorizes extension of Dental Administration Agreement with EBP HealthPlans to Aug. 31, 1995. Ayes (7), Nays (0).Motion carried. E-8 McConnell moved, Evans second to adopt Resolution No. 334-95 granting the access easement to Robert Ward. subject to the terms and conditions recited in the easement agreement. Ayes (7), Nays (0). Motion carried. E-9 Stobaugh moved, Evans second to adopt Resolution No. 335-95 & 336-95 ordering a feasibility report to be made and order a public hearing to be held on August 7, 1995. This is on Project 6241-94 J 9282 - St. Resurfacing, Con. Curb and Gutter on 41st St. N.W. from 15th Avenue N.W. to Summit Square. Ayes (7), Nays (0) Motion carried. E=i0�. Canfield moved, Evans second to adopt Resolution No. 337-95 and 338-95 ordering a feasibility report and ordering bids to be opened at 11:00 A.M. on August 2, 1995. Ayes (7). Nays (0).Motion Carried. E-11 Evans moved, Stobaugh second to adopt Resolutions No. 339-95 and 340- 95 ordering a feasibility report and a public hearing for August 7, 1995 on Project 9504-95 J 9352 - San. Sewer and Watermain in Riverside Lane N.E., Erin Lane N.E. and 27th St. N.E. all in the Riverview Sub. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - July 5, 1995 4495 Agenda Item E-12 Canfield moved, Evans second to adopt Resolution No. 341-95 amending the current City/APCOA Parking Management contract to provide a fixed monthly management fee of $1,625.00 for the Civic Center Ramp. Ayes (7), Nays (0).Motion carried. E-13 Canfield moved, McConnell second to amend the City Ordinance for obstructions and signs on Sidewalks and Public Right -of -Way. After discussion by the Council vote was taken. Ayes (3), Nays (4), Motion did not carry. Councilmembers Evans, Myhrom,Senjem and Stobau h voted nay. Councilmembers Canfield and McConnell and Pres. Hunziker voted aye. E-14 McConnell moved, Stobaugh second to adopt Resolution No. 342-95 authorizing the City Clerk to advertise for bids on Walkway Project 5-1995 J 4946 - Bit. Path on the W side of Viola Rd. N.E. from Parkwood Hills Dr. N.E. to No. Valley dr. Bids to be opened at 11:00 A.M. on Aug. 2, 1995. Ayes (7), Nay5'(0).Motion carried. E-15 Senjem moved, Stobaugh second to adopt Resolution No. 343-95 approving the Engineering Services for the Water Reclamation Plant Air Discharge Permit. This is with CH2M Hill Eng. Ayes (7), Nays (0). Motion carried. E-16 Evans moved, McConnell second to adopt Resolution No. 344-95 approve the low bid of $1,286,145.24 with Rochester Sand and Gravel for Project 6241-4-94 J 9295 - Grading and Resurfacing and Utilities on 41st St. N.W. from 31st Ave. N.W. to W.Cir.Dr. Ayes (7) Nays (0).Motion carried. E-17 Senjem moved, Evans second to authorize the firm of Yaggy/Colby to be retained for prof. eng. services for City Project 9355 J 6295 Intersection Impts. at 3 1/2 Avenue S.W. and TH 14 and approv the transfer of funds from the Future Construction Acct. to J 9295. Ayes (7), Nays (0).Motion Carried. The Council indicated that no more than 15% should be directly paid to the Eng. firm. E-18 Myhrom moved, McConnell second to adopt Resolution No. 345-95 approving the Sound Amplification request from Rookies for the July 6, 1995 party from 7 - 11 P.M. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 2 of Ord. No. 1466 Relating to the establishment within the City of an Urban Service District and a Rural Service Dist. as separate Taxing Districts. This was given its first reading. F-1 An Ordinance Amending various sections in the 30's of the RCO relating to revisions to the Housing Code was given its first reading. F-1 An Ordinance annexing approx. 20.07 acres located in a portion of the SE 1/4 of the NW 1/4 of Sec. 18 T 106N R13W located N and S. of Pinewood Rd. SE 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 - CITY OF ROCHESTER, MINNESOTA 4 4 9 6 Regular Meeting No. 31 - July 5, 1995 Agenda Item G-1 Senjem moved, Stobaugh second to remove the request for setting a hearing on the vacation of a portion of the ROW for 37th St. N.W. at the entrance to the Target Store from the table. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to call for a public hearing to be held Aug. 7, 1995 at 7:00 P.M. Ayes (7), Nays (0).Motion carried. Resolution No. 346-95 was adopted. Having no further business, Stobaugh moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk 1