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HomeMy WebLinkAbout09-18-19954534 Agenda Item A-1 B-1 B-2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 38 - September 18. 1995 President Hunziker called the meeting to order at 7:00 P.M., the following members being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Senjem, and Stobaugh. Absent: Councilmem er Myhrom. A Hearing on the Final Plat to be known as Edenborough Estates Commor Interest Community No. 133 First ;Supp'lemental CIC Plat. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolution No. 480-95 approving the plat. This plat would include all the conditions as listed on the Request for Council Action and that the payment of cash is accepted in lieu of land in the amount of $4,640. for Kings Run Fourth Sub. Ayes (6), Nays (0). Motion carried. A Hearing on the proposed Final Plat to be known as Northern Heights East llth Sub. Wishing to be heard was Jim Bainbridge of 1920 Viola Heights N.E.He presented a petition containing 102 signatures in opposition to this plat because they are concerned about the traffic increase when this plat is approved and the completion of the of 26th St. Project. He would like to see this plat developed as it exists today. They would request that the Traffic Eng. of the City work with the people to find a plat that is acceptable. Wishing to be heard was John Limpert of 2214 Viola Hgts Lane and agreed with Mr. Bainbridge. He stated that they need help in solving the safety issue as well as dealing with the high speed that traffic does take advantage of in the area. He is opposed to this request. Wishing to be heard was Kathryn Bainbridge of 1920 Viola Heights Lam She is concerned about the 26th St. road and if this road is accepted, then drivers will cut through their neighborhood and she is opposed to this. Plus, they would like a stop sign installed. Julie Schad of 2024 Northview Lane N.E. wished to be heard and also shared her concern about the traffic and stated that they really needed a stop light. She said that people would be using 26th St. as a cut off to East Circle Dr.This would be of importance when and if the high school is built. Wishing to be heard was Scott Thorson of-1842 Viola Hgts.Lane N.E. He is opposed and asked if those present would stand to support his opposition. Approx. 70 people present stood. Wishing to be heard was Roger Payne of 1700 Northwood Drive N.E. He stated that the five conditions that were placed on this request were done. Jane Kansier of the Planning Dept. stated that she had received them and they were acceptable. 1 F� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995 45 35 Agenda Item B-2 I Mr. Payne urged the Council to approve this plat. Wishing to be heard was Steve Hjortness of 1844 Northern Viola Lane N.',Ef. He wondered if anyone in that area could have some input to the General Dev. Plan. Jane Kansier of the Planning Dept. stated that this was approved in 1990.It can be changed, but it would have to go through the Planning Commission and study the change. Wishing to be heard was Bob Donovan of 1900 Viola Heights Lane N.E. He is concerned about the speed of the traffic. He would like to have this changed to 45 MPH. Wishing to be heard was Jim Bainbridge of 1920 Viola Hgts. N.E. He stated that many neighbors bought property with the Zone B-lb( Comm ) and with this area being used for professional offices this would create different traffic patterns and he feels their property would lose value. Having no one else present that wished to be heard, President Hunziker closed the hearing. Jane Kansier of the Planning Dept. explained various uses in the area and after Council discussion on the various traffic patterns, and business options, Councilmember Evans stated that people are driving fast on this roadway and something should be done about that. Roger Payne, Applicant stated that they followed the Dev. Plan and will not be responsible for changing streets, etc. Having no further discussion, Canfield moved, Stobaugh second to proceed with the Plat and approve Resolution No. 481795 approving the plat with the five conditions from the Planning Commission and press for the Public Works Dept. and Police Dept. to take special attention of the area. Ayes (6), Nays (0).Motion carried. B-3- A Hearing on the Annexation by Timothy Buechler of .55 acres located in Sec. 6, Marion Township. Wishing to be heard was Tim Buechler of 928 Rocky Creek Dr. N.E. and urged the Council to approve this request. Having no one else present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to instruct the City Attorney to prepare an�.'Ordinance for adoption. Ayes (6), Nays (0).Motion carried. B-4 A Hearing on the proposed annexation by Anthony and JoAnn Bianco of ll acres located in Sec. 16, Rochester Township. Wishing to be heard was Marshall Stanton of 2501 Institute Rd. S.W. He is concerned about the change to the neighborhood. He stated that once this is approved, many others can subdivide the acres and the entire area would be affected. He is opposed. Wishing to be heard was Ms. Mark Litzow of 2505 Crest Lane S.W. The adjoining property owners would like to buy this from the Bianco' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4536 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995 Agenda Item B-4 They are in Europe so they do not know who or where to contact anyone so that they can buy this property. Wishing to be heard was Jeff Brown of 1310 Folwell Dr. S.W. and is representing the Bianco's. He stated that they cannot market this property as is and they felt this request was the correct way to handle the situation. Mr. Marshall Stanton stated that they were never approached by anyone regarding this but they would be interested in buying this 1.3-1.4 acres each. Mr.Brown stated that they can't split this in the County and they have no other options in the County. He urged the Council to approve this annexation. Wishing to be heard was Joseph Colgan of 2605 Crest Lane S.W. He was concerned about how small the lots would be in this area and they would like to have the area protected and blend in with the current lifestyle of those neighbors. Having'no one else present that wished to be heard, President Hunziker closed the hearing. Councilmember Evans asked what the plan was for this area. Mr. Brown stated that they have a plat in process with three lots and could be restricted with private covenants. Having no further discussion; Senjem mvoed, Stobaugh second to approve the annexation and instruct the City Attorney to draft an Ordinance for Council approval. Ayes (5), Nays (1). Councilmemb( McConnell voted nay. Motion carried. B-5 A Hearing on the Type III, Phase II Restricted Dev. Project Dev. Plar Phase by Robert and Jane Hanson to establish a three-room Bed. and Breakfast upon the property located at 302 7th Avenue S.W. within the R-1 Zoning Dist. Wishing to be heard in opposition was Paul Ogburn of 706 4th St. S.W. He stated that they had no parking and does not see this as fitting into the neighborhood. Also wishing to be heard was Susan Ogburn of 706 4th St. S.W. and stated that this is a historic neighborhood and they do not want this disturbed. Also opposed was Kevin Benit of 819 4th St. S.W., Robert Hanson of 826 4th St. S.W.,John Gowan of 622 3rd St. S.W.; Peter Wilson of 302 7th Avenue S.W. and is opposed. Wishing to be heard was favor of Sharon Ames, Realtor of 1930 Westfield Ct. S.W. She has worked with the Hansons and think they will do an excellent job. They will live there too and this building is perfect for what the Hanson's want to do. After council discussion and having no one else present that wished to be heard, President Hunziker closed the hearing. After Council discussion, Canfield moved, Stobaugh second to deny the request because the lot size is too small and inadequate parking and general incompatibility in the neighborhood. Ayes (6), Nays (0) Motion carried. II: 1 �I u RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995. 45 37 Agenda Item B-6 A Hearing on the Land Use Plan Amendment and Zone Change by the Payne Company. Wishing to support this request was Bob Broink of 2831 No. Slopes Lane N.E., Debbie Lindner of 731 31st St. N.E. and Charles Jacobson of 2919 No. Slopes Lane N.E.. Roger Payne of 1700 Northwood Dr. N.E. was present and stated that he held meetings and the outcome was that B-1 was O.K if it could be restricted. He would still prefer B-1. Councilmember Evans talked with the people in the area and the people wanted it left as it is now. Other uses could be put in the area rather than apartments. Once the change is made it is a done deal. If the Window shop goes out then a Fastfood rest. could go in. Having no one else present that wished to be heard, President Hunziker closed the hearing. Evans moved, Stobaugh second to deny the request. Ayes (5), Nays (1). Councilmember Senjem voting nay. Motion carried and the City Attorney is directed to prepare Findings of Fact using the Planning and Zoning criteria attached to the Request for Council Action. Motion carried. D-1 Wishing to be heard was Ken Weber of Rochester, Mn. and he addressed the Common Council on the proposed funding for a skating facility. The requested sum is $12,180. and this would purchase memberships for 60 individuals who otherwise would not be able to afford to come. This would be a one year subsidized membership program. This park is designed for rollerbladers, aggressive rollerbladers, skateboarders and freestyle bikers. At this time they are planning on constructing the facility in an 18,000 sq. ft. warehouse located on the SE Section of Rochester, Mn. Mr. Weber stated that a little over 100 kids have signed up for the "green" membership and they really need the City's help so that they can make this work. Council President Hunziker asked.them if they tried to get insurance for this sort of activity. They said that they would look into this. Councilmember Stobaugh asked if this was the first $12,000 + asked orb r the last. He was informed by Mr. Weber that this was the last part of this project. Wishing to speak in favor of the project is Jason Vold, 904 19th St. S.E., Michael Hawley of 322 16th Avenue S.W. and Brad Bucenisus of 2204 Deerwood Lane. They are in favor of this project and stated that this is not limited to skateboards, but agressive rollerbladers and freestyle bikes. They also stated that the membership is realistic and it is , most importantly, a place for kids to go. They urged Council support of this. Councilmembers Senjem questioned Mr. Weber on the membership fees and how they came .up with the various shades of membeship. Mr. Weber explained that to the,Council. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4538 Adjourned Meeting No. 38 - September 18, 1995 Agenda Item D-1 C-2-11 C-2 C-3 C-4 C-5 C-6 C-7 Information on the membership is listed and attached to the Request for Council Action on file with the City Clerk. Having no further discussion, President Hunziker stated that the Council would need more information before they could endorse this project. Those things needed would be - where is this project proposed to be located? Can they get insurance for this facility. How are they going to keep this facility operating? Is this going to have regular staffing? If Mr. Weber or his Board of Directors could get this information to our staff to evaluate, then Council would be willing to look at this again. Senjem moved, Stobaugh second to approve items C-2-11 Consent Agenda, Item 1 is the minutes and there were no minutes to approve at this meeting. Adopt Resolution No. 482-95 correcting a typographical error in Res. No. 100-95 vacating the alley ROW adjacent to the Dripps property located at 714 12th St. S.W. Approve the $10,0.00 donation to the Police Dept. from AVCO Financial Services and appropriate this to the Crime Prevention Unit 4110-1369( Approve the following licenses and bonds: ON SALE TEMP. 3.2 BEER Rochester Barbershop Chorus 10-7-95 CHICKEN LICENSES - Christopher Haydock TEMP. GAMBLING PERMIT Church of the Resurrection-- Raffle - 11-11-95 MASTER PLUMBER K.E. Engineers - Karim Esmailzaden SOUND AMPLIFICATION PERMIT Roch.Golf and Co. Club - Wedding Dance 9-16-95 MISC. ACTIVITIES Downtown Kiwanis Club - Annual peanut sale - Rochester Track Club - Stride for Fitness Rd. Race - 9-23-95 Diane and Lee Tapper -`Silent Profile Demonstration 10-1-95 , Approve the Accounts'rPayable 1n the amount of $1,247,347.39. List is on file with the City.Clerk. Adopt Resolution No. 483-95 authorizing a contract with Leslie E. Nelson for the lease of the Brown Lot in the amount of $2,708.33 per month. Adopt Resolution No. 484-95 authorizing a Driveway Curb Cut Greater than allowed by Ord. for Elton Hills Business Park as determined by the Dir. of Public Works to serve Lots 7 and-8 . Adopt Resolution No. 485-95 authorizing the bids for the Snow Remova from CBD Public Areas and Sidewalks. Bids to be opened at 11:00 A.M. On Oct. 11, 1995. 1 l RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995 4539 Agenda Item C-9 Approve a motion ordering the execution of the Assessment Agreement for J 9266 Airport Water Tower with Martin A. Lettelleir. The assessment amount is $499.97. Res. 486-95 was adopted. C-10 Adopt Resolution No. 487-95 approving the Assessment Agreement for Improvements -J 8569 and J 9193 Plat 1690 and Parcel 02600 Cheri Ann McGee -seller and James A. and Stella R. Wuebker buyer. The amount is total $7,189.03. C-11 Adopt Resolution No. 488-95 approving an Assessment Agreement with John D. Sawyer of 213 Highland Ct. S.W. Plat 1690.and Parcel 01400 - for Project J 8569 - Baihly High Level Water Tower. The amount is $441.60. Ayes (6), Nays (0).Motion carried. E-1 Senjem moved, Evans second to adopt Resolution No. 489-95 approving the settlement agreement with Historic Riverside Partner- ship LTD concerning the partnership's claims for damages they incurred allegedly the result of a faulty storm sewer line and the City's negligence. Ayes (6), Nays (0).Motion-carried. E-2 Evans moved, Canfield second to adopt Resolution No. 490-95 approving the Passenger Facilities Charge (PFC) application. This means a total of $558,832 will be received from past projects and $601,750 from new projects. Funds will be spent on new airport projects as prioritized in the Airport CIP. Ayes (6), Nays (0).Motion carried. E-3 Stobaugh moved, Senjem second to adopt Resolution No. 491-95 setting a hearing for Oct. 16, 1995 at 7:00 P.M. for amending sections of the City Charter regarding elections, Utility Board terms and powers. Ayes (6), Nays (0).Motion carried. E-4 Canfield moved, Stobaugh second to adopt Resolution No. 492-95 setting a hearing for Oct. 16, 1995 on the Charter Amendment on filling., vacancies in public offices that have been vacated. Ayes (6), Nays (0).Motion carried. E-5 Senjem moved, Canfield second to adopt Resolution No. 494-95 approving a resolution adopted by the Public Utility Board as follows: Approve a purchase order agreement with IBM Corp. for a model 300-AS400 business computer system in the amt. of $120,193.90. and Resolution No. 493-95 entering into a settlement agreement with the State of Minnesota whereby RPU will receive a refund in the amt. of $27,137.62. regarding Water Appropriation Permit Back fees for Silver Lake Plant. Ayes (6), Nays (0).Motion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4540 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995 Agenda Item E-6 E-7 E-9 E-10 E-11 E-12 E-13 E-14 Canfield moved, Stobaugh second to adopt Resolution No. 495-95 authorizing the elimination of positions of Lead Service Worker (1) Service Worker (2) Lead Utility Worker (2) and Utility Worker (2) and authorize the establishing of (3) Lead Distribution Worker positions and (4) Distribution Worker positions. Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to adopt Resolution No. 496 -95 approving the City Clerk to advertise for bids on Project 9355 J 6259 - Intersection Improvemtns at 3 112 Ave. S.W. and TH 14. Bids to be opened at 11:00 P.M. on Oct. 11, 1995. Ayes (6), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 497-95 awarding the low bid of Nietz Electric for 2nd St. S.W. Signal Interconnectic J 6306. The bid was $62,920.00. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Canfield second to adopt Resolution No. 498-95 approving the assessment agreement with Timothy Buechler for connection to the City Watermainsystem for the property located at 2009 Eastwood Rd. S.E. - Timothy Buechler. Ayes (6), Nays (0). Motion carried. Evans moved, McConnell second to adopt a motion on approving the Reapportionment of . the assessment Project No. 8505 J 8919 - Watermain Ex.t from S.W. High Level Water Tower - This will be divided into Foxcroft East - First - $3,946,18 Parcel 00217 and $3,843.50 to Parce'f ''0021"8 ' 'Ayes (6),Nays (0). Motion carried. Stobaugh moved, Evans second to adopt Resolution No. 499-95 approving the Final Settlement for Northwest High Level Water Tower Project 9216 J 9263. The amount for permanent easement and temp. from Arnold and Genevieve Polegky for a purchase price of $15,993.29 . Ayes (6), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the execution of the Assessment Agreement with Parking Bay Const. Project J 2230 Reconstruction of 4th St. S.E. with Robert and Linda Gander and John Leach. Ayes (6), Nays (0).Motion carried.Res. 500-94 was adop Stobaugh moved, McConnell second to adopt Resolution No. 501-95 approving the Assessment Agreement and general dev. plan with Michael Younge to connect his existing residential dwelling to adj. Project -San. Sewer and Watermain. Ayes (6), Nays (0).Motion carried. Stobaugh moved, Senjem second to adopt Resolution No. 502-95 approving an assessment agreement previously unassed Impts. J 9173 and Water Service Availability fee in the amt. of $4,412.35. This is with Dr. Richard E. Rossi and Mrs. Patricia Rossi. Ayes (6), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 38 - September 18, 1995 4541 Agenda Item E-15 Senjem moved, Evans second to adopt Resolution No. 503-95 awarding the low bid of $98,670.00 to-A.E. Benike for Remodeling the lower third of the Rochester International Airport basement for the purpose of record storage. Also included in the motion was approving the low bid of Abasement Services in the amt . of $1,015.00 for asbestos removal. Ayes (5), Nays (1).Motion carried. Councilmember"-" Evans voted nay. F-1 An Ordinance on annexation by Ord. 95-15 by Timothy Buechler of .55 acres located in Sec. 6 of Marion Twp. was given its first reading. Senjem moved, Stobaugh second to suspend the rules and give this Ord. a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, McConnell, Senjem, Stobaugh and Pres.Hunziker vote aye. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance on annexation by Ord. 95-16 by Anthony and JoAnn Bianco of 11 acres located in Sec. 16, Rochester Township. This was given its first reading. Senjem moved,Stobaugh second to suspend the rules and give this Ord. a second reading. Upon Roll Call vote, Councilmembers Canfield, Evans, Senjem, Stobaugh and Pres. Hunziker voted aye. Ayes (5), Nays (1). Councilmember McConnell vote nay.Motion carried and the Ord. was given its second reading. Canfield moved, Stobaugh second to adopt the Ord. as read. Ayes (5), Nays (1). Councilmember McConnell voted nay. Motion carried. F-1 Stobaugh moved, Evans second to adopt Resolution No. 504-95 approving an Owner Contract for Basic Construction in FoxCroft East 1st Sub. John Clopp. Ayes (6), Nays (0).Motion carried. F-1 Stobaugh moved, Senjem moved, to adopt Resolution No. 505-95 approving an Owner Contract in Bamber Corner 4th Sub. Phase III Elcor Construction. Ayes (6), Nays (0).Motion carried. F-1 Senjem moved, McConnell second to adopt Resolution No. 506-95 approving an Owner Contract. for Basic Construction in South Point S-cond, Phase II, All Pointe Dev. and Elcor Construction Co. Ayes (6), Nays (0).Motion carried. F-1 Stobaugh moved, Evans second to=adopt Resolution No. 507-95 approving the Owner Contract for Basic Construction in No. Hgts. East llth Sub. with Roger Payne and Friedrich Construction. Ayes (6), Nays (0).Motion carried. Having no other business, Senjem moved, Stobaugh second to adjourn the meeting. Ayes (6), Nays (0).Motion carried. ty Cler