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HomeMy WebLinkAbout09-05-1995RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 36 - September 5, 1995 4527 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 Hearing on the Final Plat to be known as FoxCroft East First Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolutioi No. 452-95 approving the plat with the conditions as listed on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed vacation of a 14' wide utility easement located adjacent to Lots 5-10 Blk 11, West Zumbro Addition. Having no one present that wished to be heard, President Hunziker closed the hearing. McConnell moved, Evans second to adopt Resolution No. 453-95 approving the vacation. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the proposed vacation of a 10' wide Utility Easement lying Southerly of the North Line of Lots 6 and 7, Hartman Square. (Clean Ideas, Inc.) Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Canfield second to adopt Resolution No. 454-95 approving the vacation. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the proposed vacation of a portion of the ROW for 36th Street S.W. and the adjacent utilities ( Lowell Penz ). Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing the applicant. He agreed with the condition§ and urged the Council to approve the plat. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Stobaugh second to adopt Resolution No. 455-95 approving the request with the conditions as stated on the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the City Initiated Zone Change Request from the R-1 District to the RSa Dist. in the Recently Annexed Skyline Dr. S.W. Having on one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, McConnell second to instruct the City Attorney to prepare an Ordinance approving this change. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Type III, Phase II, Land Sub. Permit ( Prel.Plat) to be known as Northern Heights East llth Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to approve the Findings of Fact with the four conditions as listed in the Request for Council Action. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Land Use Plan Amendment and Zone Change by the Payne Co. Wishing to be heard was Bob Bruening of 283 No. Slopes Lane. The proposal'is to change this from Med. Density Residential l to Commercial and from the R-3 to B-1 (Restricted Comm.) He is opposed to this and would rather see apartments built than commercial !a. rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 452g CITY OF ROCHESTER, MINNESOTA Regular Meeting Nn_ 36 - ',PntPmhPr 5, 1995 Agenda Item B-7 Wishing to be heard was Christine Dicke of 757 31st St. N.E. and is opposed to this request. She stated that the Planning Commission did not approve this and she would like the Council to deny it too. Wishing to be heard was Roger Payne of 700 Northwood Dr. N.E. and stated that back when this area was zoned R-3 the East Circle Dr. was not built and housing was an O.K. thing to build in the area. Since that time, this has become more feasible for Commercial Dev. He sent around 13 possible uses for this area and when the neighbors got thru with the list it was cut to 3 and he can't deal with that since he tried to make this work with the neighbors, it seems that it is not working to compromise. The Council will have to make the final decision. Councilmember Evans suggested that working with the neighbors more may help them and the dev. to come to a decision on what would be best for the area. Wishing to be heard was Brian McHenry and would like to see this zoned Commercial because he is one of the buyers and would like to have a showroom in which he will display windows, etc. He has the financing and has been planning this for a while. After Council discussion, Evans moved, Stobaugh second to continue the hearing until Sept. 18, 1995. Ayes (7), Nays (0).Motion carried. B-8 A Hearing on the Zone Change by Timothy Buechler to rezone .55 acres of land from R-1 Dist. to the B-4 District. Wishing to be heard was Timothy Buechler and urged the Council to approve this request. Having no one else present that wished to be heard, President Hunziker closed the hearing. After lengthy Council discussion, Stobaugh moved, Evans second to table this until October 16, 1995 meeting. Ayes (7), Nays (0), Motion carried B-g A Hearing on the Zone Change request from the R-1 Dist. to M-1 Dist. on 143 Acres of land located east of US 63 along St. Bridget's Road S.W. Wishing to be heard was Tom Hexum of Rochester, Mn. who requested this change. He was also present for any questions the Council may have. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to Accept the Findings of Fact that were founded by the Planning and Zoning Commission and instruct the City Attorney to prepare Findings of Fact on behalf of the Council. Ayes (7), Nays (0).Motion carried. B-10 A Hearing on the 1996 Community Development Block Grant (CDBG) Appropriation. Wishing to be heard was Walt Buegler of 1911 14th Ave. N.W. and he is with ABC. He wanted to thank the Council for their continued support of Ability Building Center for the present and past. Having no one else present that wished to be heard, President Hunziker closed the hearing. The Council took testimony on the various agencies who were interested in this source of funding and fcr the past two weeks have been voting on their particular project. The following is a list of the agencies who will be receiving funding. This is an average of the Council votes. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 36 - September 5, 1995 4529 Agenda Item PUBLIC SERVICE REQUESTS B-10 Arc of Olmsted Co. $ 5$700.00 Child Care Resource and Referral ' 33,000.00 Community Youth Mentorship 6,500.00 Omnia Fam. Services ( Used van ) 2,700.00 ( Computer Equip.) 3,500.00 Community Partnership 17,500.00 ABC 13,300.00 BARRIER REMOVAL/REHAB/ECON. DEV. City of Rochester $47,700.00 (Park and Rec. Barrier Removal) Rochester Area Y 10,000.00 SEMCIL 12,900.00 Zumbro Valley Mental Health Center 4,400.00 Housing Div.Rental Rehab. 172,700.00 Habitat for Humanity 20,900.00 RAEDI 41,900.00 Contingency 4,300.00 Ayes M .- Nays (0).Motion carried. C-1-101 Evans moved, Stobaugh second to approve the Items C-1-5 and 8-10 as follows: C-1 Approve the minutes of the August 7, 1995 meeting. C-2 Adopt Resolution No. 456-95 approving the Change Order No. 5 for City Hall to Knutson Construction in the amount of $5,975.00. C-3 Adopt Resolution No. 457-95 approving Change Order 8 to the Benike Construction Library contract in the amt. of $19,918.00. C-4 Approve the following licenses and bonds: MASTER PLUMBER Dale Swanson Co. Bloomington, Mn. Faribo Plumbing and Heating Co., Faribo, Mn. GAMBLING Hiawatha Homes Foundation - Festival of Trees Nov. 21 and 26, 1995. SEWER AND DRAINS Dale C. Lee Construction adn Excavating of Roch.Mn.' MISC. Take Back the Night March 9-16-95 Holy Spirit Catholic Church ( KC ) Charity Road Race 10-28-95 C-5 Approve the Accounts payable in the amount of $2,568,470.08 - List is on file with the City Clerk. C-8 Adopt Resolution No. 458-95 authorizing the one (1) 48 Ft. Driveway and one (1) 40 Ft. Driveway for Mills Fleet Farm. C-9 Adopt Resolution No. 459-95 approving the para (220.5) of Sec. B No Parking zones to read:16th Ave. from 48th St. N.W. to 50th St. N.W. on the E. side even day f om m d fight to 8 A.M. and on the W side on odd days from mi dni gsht rto 8 �1.�1. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4530 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 36 - September 5, 1995 Agenda Item C-10 C-6 C-7 E-1 E-2 E-3 E-4 E-5 Adopt Resolution No. 460-95 authorizing City officials to retain BKBM Eng. to provide structural Eng. services for the 2nd St. Ramp. Ayes (7), Nays (0).Motion carried. A Change of wording on the Council Action Requested was questioned. Canfield moved, Stobaugh second to authorize the Mayor not the Director of Employee Relations to sign an agreement with Shopko Optical to provide and dispense the City's occupational safety eyewari Ayes (7), Nays (0).Motion carried. Resolution 461-95 was adopted. Senjem wondered why this was such a small project and if it would be better to include it with a larger project and get a better price? He was informed that this was needed and if the bids come in out of line then the Council would reject or could reject the bids at that time. Based on that information, Senjem moved, Stobaugh second to adopt Resolution'No. 462-95 authorizing the City Clerk to advertise for bids on Proejct 6231-95 J 9350 - Ext. of San. Sewer and Watermain in 31st St. N.E. from 3rd Ave. N.E. to TH Hwy 63. Bids to be opened at 11:00 A.M. on Sept. 27, 1995. Ayes (7), Nays (0).Motion carried. McConnell moved,_. Myhrom second to set the tax levy limit at $14,352,000.00. Upon Roll Call vote, Councilmembers McConnell, Myhrom and Senjem voted aye. Ayes (3), Nays (4).Councilmember Canfield, Evans, Stobaugh and Pres. Hunziker voted nay. Motion did not carry. Evans moved, Stobaugh second to adopt-the.foilowing: (Resolution 463-95) 1. The proposed 1996 property tax levy be certified in the amount of $14;750,000 and the preliminary 1996 budget is proposed to be $78,000,000; and the 1996 budget and tax levy hearing be established on Wed. Dec. 6, 1995 at 7:00 P.M. in the Council Chambers of City Hall. Ayes (4), Nays (3).Motion Carried. Councilmembers Canfield , Evans, Stobaugh and Pres. Hunziker voted aye. Ayes (4), Councilmembers McConnell, Myhrom and Senjem voted nay. Senjem moved, Stobaugh second to adopt Resolution No. 464-95 authorizing the execution of a hazardous materials equipment agree- ment with the State of Mn. Ayes (7), Nays (0).Motion carried. Stobaugh moved, Canfield second to Initiate a revision to the zoning ordinance relating to Adult use. This is in connection with the Downtown Book and Video. Ayes (7), Nays (0).Motion carried. Canfield moved, Evans second to approve the Findings of Fact and order for the Wimbledon Hills PUD Amendment as determined necessa by the Council. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the Findings of Fact and conclusions of law, and order as determined necessary by the Common Council on the Land Use Plan Amendment 94-6 and Zoning Dist. Amendment 94-10 North American Realty. Ayes (6), Nays (1).Motion Carried. Councilmember Evans voted nay. ry RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4531 Regular Meeting No. 36 - September 5, 1995 I "I Agenda Item E-6 Canfield moved, Evans second to adopt the following resolutions as approved by the Public Utility Board: Resolution No. 465-95 approves the sal.e,of RPU's retired Willow Creek power transformer to Magnetic Ohio Transformer for $85,000.00. Resolution No. 466-95 approving a contract agreement with Barr. Eng. Co. for repair of the Zumbro Dam in the amt. of $100,117.0 Ayes (7), Nays (0).Motion carried. E-7 Senjem moved, Stobaugh second to adopt Resolution No. 467-95 approving the purchase in non-dev. restrictive easement of 19.27 acres in the SW 1/4 of Sec. 34-107-14 from the Fiegel Trust for a purchase price of $20,000. Ayes (7), Nays (0).Motion carried. E-8 Stobaugh moved, Canfield second to adopt Resolution No. 468-95 approving the purchase of watermain and slopes easements from the Fiegel Trust in the SW 1/4 of Sec. 34-107-14 for the price of $6,500.00. Ayes (7), Nays (0).Motion carried. E-9 Stobaugh moved, Senjem second to adopt Resolution No. 469-95 approving the purchase of a storm sewer easement in the NW 1/4 ,of the SE 1/4 of Sec. 10-106-14 from Lake George Park L.L. C. in the amt. of $4,000.00. Ayes (7), Nays (0).Motion carried. E-10 Canfield moved, Evans second to adopt Resolution No. 470-95 authoriz- staff to commence the acquisition of Land Rights for 55th St. N.W. Widening project. Ayes (7), Nays (0).Motion carried. E-11 Senjem moved, Stobaugh second to adopt Resolution No. 471-95 awarding the low bid of $38,981.82 with El Bishop for Sidewalk Replacement Project No. 8-1995 J 9354 - in the Elton Hills Area. Ayes (7), Nays (0).Motion carried. E-12 Evans moved, Senjem second to adopt Resolution No. 472-95 accepting the low bid of $12,631.84 to E1 Bishop for Sidewalk Replacement Project 9-1995 in the Country Club Manor Area. Ayes (7), Nays (0).Motion carried. E-13 Canfield moved, Stobaugh second to adopt Resolution No. 473-95 requesting Mn/DOT to reconsider their decision on speed zoning for 7th St. N.E. from Silver Lake Drive to llth Avenue N.E. Ayes (7), Nays (0).Motion carried. E-14 Stobaugh moved, McConnell second to adopt Resolution No. 474-95 awarding a contract to Duncan Industries .of Harrison Arkansas to furnish the parking meter equipment in the amount of $285,833.40. Ayes (7), Nays (0).Motion carried. E-15 Senjem moved, Stobaugh second to adopt Resolution No. 475-95 accepting the Quit Claim Deed from Olmsted Co. for turnback ROW in the SW 1/4 of the SW 1/4 Sec. 6,T106NR13W and approving the conveyance to Lowell Penz, et.al. Ayes (7), Nays (0).Motion carried ing RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4532 Regular Meeting No. 36 - September 5, 1995 Agenda Item E-16 McConnell moved, Evans second to adopt Resolution No. 476-95 awarding the low bid of $304,944.20 submitted by Lunda for Project 6311-1-93 J 2291 llth Ave.N.E. Bridge Deck Replacement. Ayes (7), Nays (0).Motion carried. E-17 Stobaugh moved, Evans second to adopt Resolution No. 477-95 awarding the low bid submitted by Swenke of Kasson, Mn. in the amt. of $98,023.25 for Project No. 9503-95 J 9347 - San. Sewer and Wm S.Side of TH 14E, 3850 Hwy 14E. Ayes (6), Nays (1). Council - member Senjem voted nay. Motion carried. E-18 Stobaugh moved, Canfield second to approve the modification to the appointment of Dr. Robert Waterman to the Animal Control Panel and allow his assistant Dr. Laura Toddie to be appointed to serve in his absence. Ayes (7), Nays (0). Motion carried. E-19 Myhrom moved, Evans second to approve the Sound Amplification Permit and Misc. Street Use for the Mega FamilyFun Center Skate Park Rally to be held on Sept. 18, 1995. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning property and amending Ordinance 2785 known as the Zoning Ord. and Land Dev. Manual of the City of Rochester,Mn. to RSa in Sunny Slopes and North Sunny Slopes was given its first reading. F-1 An Ordinance Rezoning certain property and amending Ord. 2785 known as the Zoning Ord. and Land Dev. Manual of the City of Rochester to M-1 (Hexum property ) was given its first reading. F-1 An Ordinance amending Sec. 60.200 and Sub. 5(B) (1) of Sec. 62.278 of the Rochester Code of Ord. Relating to requirements for fencing and swimming pools was given its second reading. Senjem moved, Stobaugh second to adopt the Ordinance as read. Ayes (6), Nays (1) Councilmember Evans voting nay. Motion carried. F-1 An Ordinance Rezoning property and amending ord. 2785 known as the Zoning Ord. and Land Dev. Manual of the City of Rochester said Property located on the West side of East Circle Drive N. of Viola Rod NE in the City of Rochester. This was given its second reading. Senjem moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 Stobaugh moved, Senjem second to adopt Resolution No. 478-95 approving an owner contract with Short Elliot Hendrickson for Intersection Imp. at 36th St. S.W. and the W. Frontage Rd. of TH 63 J 9348. Ayes (7), Nays (0).Motion carried. G-1 McConnell moved, M hrom seco d to reconsider the action of Cir-Kit concepts. Ayegqs��(3) Nayt c143,Councilmembers Canfield,McConnell and aidr�iovboauggi9 Mbtionaid nosSScttarryiker,Coduncicclmembeddrs Evans,Senjem t�ie�meeiinguuntif �epi'emsbe T4o,'I �� aNY!30a� MelRyesc?id,to adjoui Nays (0).Motion carried. LCity Clerk •n 1-�