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HomeMy WebLinkAbout10-02-1995RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4542 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 39 - October 2, 1995 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 being present: President Hunziker, Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh. Absent:None A Hearing on the proposed vacation of the north 2' of the 5' wide utility easement located along the South Line of Lot 1, Mackey's First Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved,.Stobaugh second to adopt Resolution No. 508-95 approving the vacation. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed vacation of the east 1' of the 4' wide utility easement located along the west side of Lot 7, Block 6 Gooding Addition. Having no one present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Canfield seco to adopt Resolution No. 509-95 approving the vacation. Ayes (7), Nays (0).Motion carried. A Hearing on the Land Subdivision permit 95-6 ( Preliminary Plat) to be known as Rossi Court Sub. Having no one present that wished to be heard, President Hunziker closed the hearing. Canfield moved, Senjem second to approve the request subject to the conditions and accept the Findings of Fact as liisted on the Request for Council Action as found by the Rochester Planning Commission. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed Final Plat to be known as West Zumbro Estates. Having no one present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 510-95 approving the plat subject to the follow, ing two conditions: 1. A specific grading plan detailing the dwelling elevations must be prepared and approved prior to approval of any zoning certificates for this plat. . 2. The Fire Dept. requirements pertaining to water supply , access and building addresses, as outlined in the memo dated Sept. 22, 1995 must be met. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed Final Plat to be known as Bandel Hills Townhouses. Having no one.present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to adopt Resolution No. 511-95 approving the plat. Councilmember McConnell stated that the City of Rochester has so many apartments available he can't imagine why this apartment complex is being built at such an expense to the taxpayers. He wonders if the Council is really that far from reality as to approve this? Councilmember Myhrom agreed with Councilmember McConnell. Vote was taken. Ayes (5), Nays (2). Councilmembers McConnell and Myhrom voted nay. Motion carried. Councilmember McConnell and Myhrom left the meeting in protest to this item for 15 minutes. 1 A Hearing on the proposed Final Plat to be known as Bianco Estates. Wishing to be heard was Jeff Brown of 1310 Folwell Dr. S.W. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 39 - October 2, 1995 4543 Agenda Item B-6 Mr. Brown represents Dr. Bianco and is present for any questions the Council may have. He urged the Council to approve this plat. Having no one.else present tKat wished to be heard, President Hunziker closed the hearing. Evans moved, Stobaugh second to adopt Resolution No. 512-95 approving the plat with the three recommendations by the Planning Staff as listed on the request for council action. Ayes (5), Nays (0).Motion carried. B-7 A Hearing on the Type III, Phase II Zoning Dist. Change by Dr. John Pemberton from the R-1 ( Mix. Sing.Fam. Res.) district to B-5 (Res. Commercial Dist.). Wishing to be heard was Benny Helgeson of 1432 Meadow Lane S.W. He presented a petition against this request. ( The City Clerk did not receive this petition ). This petition however included all those people of list on Skyline Dr., Meadow Lane and a few from Skyline Lane. They listed Safety, Financial and Topography as reasons to leave this as R-1. He stated. that the reason to change this was that Dr. Pemberton did not want to pay the taxes anymore and thus will parcel out. Wishing to be heard was Dr. Leonard Aaro of 1124 Skyline Dr. S.W. He stated that he is pleased with coming into the City of Rochester, but is worried about the residental area becoming commercial and thus he is opposed to this request. He urged the Council to deny this. COUNCILMEMBERS MYHROM AND MCCONNELL CAME BACK TO THE MEETING - 7:20 P.M. Wishing to be heard was Mike Kaselnak-of 1330 Skyline Dt. S.W. and is opposed. He is worried about the water runoff at the bottom of the hill. Having no one else present that wished to be heard, President Hunziker closed the hearing. Canfield moved,.Evans second to support the Findings of the Planninc and Zoning Commission and follow the criteria in the Zoning Ordinance. deny this request. He stated that this is zoned consistently with the area. Ayes (6), Nays (0). Councilmember Myhrom voted to abstain. Councilmember Myhrom stated that the land goes up to the highway and thinks it should be changed. Motion to deny approved. 1-8 Councilmember Stobaugh left this hearing because of a conflict of interest. A Hearing on the Appeal by Larry Yenter of the decision of the Zoning Board of Appeals to place a condition on Variance Request 95-14 that did not allow the carport to be enclosed. The property is located at 514 9th St. S.E. Having no one present that wished to be heard, President Hunziker closed the hearing. Agenda Item BE M RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 39 - October 2, 1995 Senjem moved, Evans second to table this until the end of.the public hearings to give Mr. Yenter a change to appear on his behalf. Ayes (6), Nays (0). Motion carried. This will appear after Item B-12. Councilmember Stobaugh returned. A Hearing on the Type III,Phase III, Restricted Dev. Final Plan by Don Hofbauer to permit a change from a nonconforming use ( Gander Plumbing ) to another nonconforming use ( fire extinguisher repair) which is located at 824 4th St. S. E. Having no one present that wished to be heard, President Hunziker closed the hearing. Evans moved, Stobaugh second to approve the request and include the three conditions as listed on the request for council action by the Planning staff. -Ayes (7), Nays (0).Motion carried. Res.513-9 was adopted. A Hearing on the Conditional Use Permit Phase I Final Dev. Plan for a Restricted Dev. Adaptive Reuse of a part of the Mayowood Farms No. 1 Complex. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing Mayowood Enterprise. He urged the Council to approve this request. They have satisfied most of the conditions and have discussed and addressed the road ( Mayowood Dr./Bamber Valley Rd.)and the construction of. adding more width to the lanes and a bike path. This would have minimum impact on the residents and provide pedestrian travel. He urged the Council to allow Long Range staff to look at the future road needs and approves of the seven mentioned conditions. Wishing to be heard was Bernard Donovan representing the Partnershi for the development. He stated that the restriction of hours of operation from 8 A.M. to 9 P.M. is not favorable and that they should have the same operation hours as restaurants usually have in Rochester and would like to have 11 P.M. closing every night they are open. Councilmember McConnell stated that he thinks 11 P.M. is a good thing too. Wishing to be heard was Ned Mayo representing the Mayo family and are in favor of this proposal since no change in the area will be a drastic change. Also he favors the hours of operation of the restaurant to 11 P.M. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to adopt Resolution No. 514-95 approving the request with the conditior as listed on the Request for Council Action and extending the hours of the restaurant to 11 P.M. Councilmember Senjem stated that he would like to see the Mayo legacy continue. Councilmember Canfield stated that to have the ability to keep a historical site alive is'wonderful. 1 Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 39 - October 2, 1995 4545 Agenda Item B-11 A Hearing on the Type III, Phase II Zoning District Change 95-5 initiated by the Common Council to consider rezoning a portion of the hear West Side neighborhood to the R-1 Mix. Single Fam. Dist. Wishing to be heard was Mike Court of 847 1st St. N.W. He stated that when the original petition was considered it did not include five properties on 6 and 7th Ave. from Center St. to 2nd St. N.W. or on the North side of Center St. He stated that the property along 6th Ave. should at least be maintained as R-2 status. Mr. Phil Wheeler of the Planning Dept. stated that this area is being considered as R-1 tonight. Rochelle Tucker of 609 2nd St. N.W. would like to be a part of the rezoning to R-1. Wishing to be heard was Glen Faith of 1006 1st St. N.W. and lived in the area . He is in favor of the zone change. He feels that a vision needs to be developed for this neighborhood. Wishing to be heard was Charma Leininger of 623 3rd St. N.W. She wants to be included in the rezone request to R-1. David Edmons of 807 1st St. N.W. thinks the property at 6th Ave. should be in- cluded. Kelly Hunter of 612 1st St. N.W. she represents people at 221 6th Avenue N. W. and 224 7th Ave. N.W. and wants them also included in the zone change. Wishing to be heard was Scott Bauer of 1143 2nd St. N.W. and is in favor of the rezoning. Mike Podulke of 1 llth Avenue N.W. he has a business at this address and would appreciate it being left "zoned" B-1. Also in favor of the rezoning is Mike Olinski at 609 2nd St. N.W. A neighbor of Kelly Hunter "Roy" is in favor. A resident of 31 6th Avenue N.W. is in favor of the R-1 zone change. Wishing to be heard was Rex Savage of 6550 Hwy 63 South. He presented a sheet showing what is allowed in each R-district as far as duplex and apartments are allowed. He is generally in favor of the zone change, but thinks that taxes should be the same for more living quarters than single family .dwellings if they have to exist in the R-1 zone. It is unfair to tax them different if the zone change dictates the usage. Wishing to be heard was Tom Bideo of 1140 1st St. N.W. He is in favor of the zone change and says that Rex Savages bldgs are already non -conforming. A .,.resident of 1833 16 1/.2 St. N.W. agrees with Mr. Savage. Having no one else present that wished to be heard, President Hunziker closed the hearing. Stobaugh moved, Evans second to approve the zone change with the North side of West Center St. ; East of llth Avenue and East of 9th Ave. and all of the designated land north of lst St. N.W. ( Description of the area is located in the Request for Council Action ). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4546 Reqular Meeting No. 39 -Oct. 2, 1995 Agenda Item B-11 Vote was taken Ayes (6), Nays (1). Councilmember Myhrom voted nay. Motion carried. B-12 A Hearing on the Consideration of Amendments to the Thoroughfare Plan element of the Rochester Comp. Plan for TH 63 from TH 52 to Interstate 90 and adjacent areas of the Willow Creek Planning area. Wishing to be heard was Karl Schuler of 209 Woodlake Dr. S.E. He is worried that they will not have access to their property if this new study is approved. If an interchange is put into 40th St. and 36th is closed off. They feel this is a detriment to them. All development will have 112 mile or more to an access and that automatically down -grades the value of the property. One alternativ( is to have an intersection on 40th (alternate proposal). Wishing to be heard was Bill Lesmeister of Lesmeister Trucking 4120 So. Bdwy. He is opposed as the traffic is heavy on 40th St. and needs improvements. Safety is his main concern and if he has to be relocated then he would like to be reimbursed. He is proud of the work he did on his property and would like to have this kept in the many years to come. He uses the Truck Stop Rest. for a continuation of his business and would like to continue this relationship. Wishing to be heard was Jeff Sorenson of 4025 St. Bridget Rd. and wanted to know what to do about this. President Hunziker told him to be patient things will happen eventually. Dallas Colvin of 9th St. S.E. supports this plan as well as Tom Hexum of Rochester, Mn. Having no one else present that wished to be heard, President Hunziker closed the hearing. Senjem moved, Stobaugh second to approve the request and Resolution No. 514A-95 approving the plan Ayes (6), Nays (1).Councilmember Evans voted nay. Motion carried. B-8 Senjem moved, Evans second to remove the Appeal by Larry Yenter on property located at 514 9th St. S.E. from the table. Ayes (7), Nays (0).Motion carried. After Council discussion, Canfield moved, Myhrom second to uphold the decision of the Zoning Board and deny the request. Ayes (4), Nays (2). Councilmembers Evans and McConnell Councilmember Stobaugh left the meeting for this hearing. Motion Carried. C-1-11 McConnell moved, Evans second to approve the Consent Agenda as follows: Approve the minutes of the August 21, August 28,September 5 and September 14, 1995 meetings. Approve the 911 Equipment Maintenance Agreement with U.S. West. Resolution No. 515-95 was adopted. 1 RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 39 - October 2 1995 4547 Agenda Item C-3 ON SALE NON-INT. LIQUOR 3.2 Beer Rochester Sports Authority - Rochester Mustangs CIGARETTES International Sp'ices and Grocery - 108 E. Center St. and -Kings Crossing Bar and Grill, Inc. Roch.Mn HEATING CONTRACTORS Gemini 26, Inc. Bauern Feind Goedtel, Faribault, Mn. MASTER INSTALLER Greg Miller; Faribault, Mn. and Galen McDonald Owatonna, Mn. MASTER PLUMBER Matthew Daniels, Inc. Rosemont, Mn. MISC. Rochester Non -Public Schools/Knights of Columbus 10-7-95 Marathon. C-4 Approve the Accounts Payable in the amount of $1,737,144.57. File is in the City Clerk's Office. C-5 Adopt Resolution No. 516-95 authorizing the Mayor and City Clerk to execute documents which remove First Commerce Capital as Remarketii Agent and appoint Blount, Parrish and Roton, Inc. as successor Remark. eting Agent for the $4,675,000 City of Rochester, Minnesota Industria- Dev. Refunding Revenue Bonds ( Seneca Foods Corporation Project) Series 1992. C-6 Adopt. Resolution No. 517-95 authorizing the City Clerk to advertise for bids on One year's Supply of'Anhydrous Ferric Chloride and Liquid Aluminium Sulfite. Bids to be opened at 11:00 A.M. on Oct. 17, 1995. C-7 Approve the Mayor's Appointment to the Housing Board of Appeals as follows: Carol Dougherty of 4876 Tee Court S.W. and Mark Matuga of 18 12th Ave. N.W. C-8 Approve the Mayor's Appointment to the Building Code Board of Appeals of Dr. David Edmonson of 807 lst St. N.W. C-9 Approve the Mayor's Appointment to the Human Rights Commission as follows:David A. Schwartzkopf-Term to expire May 1, 1998; Dr. Kathleen Schatzberg -Term to expire on May 1, 1996; Herbert Ross Torgerson , Term to expire on May 1, 1997; - Margie Wherritt Term to expire on May 1, 1997,= Bruce Snyder , Term to expire on May 1, 1998 and Victoria Dalle-Molle, Term to expire May 1,. 1996. C-10 Adopt Resolution No. 518-95 approving a parking Loading Zone for 21st Ave. N.W. on the east side of the street, 20 ft. more.or less in front of the premise known as 3616 21st Ave. N.W. (Daycare) betweei the hours of 7 A.M. to 5 P.M. Monday thru Friday. C-11 Adopt Resolution No. 519-95 authorizing the City Clerk to advertise for bids on the Operation of ZIPS Dial -A -Ride for a five year period. Bids to be opened at 11:00 A.M.on Nov. 1, 1995. Ayes (7), Nays (0).Motion carried. IN RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 4548 Regular Meeting No. 39 - October 2, 1995 Agenda Item C-12 E-1 E-2 E-3 E-4 E-5 E-6 E-7 Stobaugh moved, Canfield second to approve the request from Mayor Hazama to establish a Heritage/Legacy Committee. The members are as follows: Wayne Arnold;,Wayne Stillman;. David Senjem; Harry Kerr; Bick Bremmer, Floyd Riester, Louis Vetsch, Ed Merrell, Doris Amundson and Mary Lee Matthes. Ayes (7), Nays (0).Motion Carried. Stobaugh moved, Evans second to adopt Resolution No. 520-95 approving the request for a revocable permit for the Glendale area Bus shelter. Ayes (7), Nays (0).Motion carried. This also included the conditions as listed on the Request for Council Action. Senjem moved, Stobaugh second to adopt the Findings of Fact approving the modification or revising the findings of fact, conclusions of law and order on the Land Use Plan Amendment 95-2 and Zone change request by the Payne Company. Ayes (7), Nays (0). Motion carried. It is noted that the Request for Council Action reflect the 9-18-95 Council meeting that the vote at that time was 5-1 to deny. This is a typo correction on the RCA. Canfield moved, Stobaugh second to adopt Resolution No. 521-95 retaining the Blekre Company to appraise the former Health.Center for a cost of not to exceed $3,200.00. Ayes (7), Nays (0).Motion carried. Senjem moved, Stobaugh second to approve the upgrades to the Voice Mail System ( Centrex Consortium.) Ayes (7), Nays (0).Motion carried Stobaugh moved, Evans second to adopt Resolution No. 522-95 approving the sale of 324 South Broadway by David Vanderheyden- to Lloyd Johnson subject to the following: 1. The exterior improvements will be completed within 6 months closir 2. The City will review and approve any changes to the original exterior design. 3. The buyer agrees to a deed restriction that prohibits the property from being used for an adult entertainment establishment as defined by the Rochester Zoning Ordinance. Ayes (7), Nays•(-0). Motion carried. ' McConnell',moved, Evans•second to Deny the -request for a Fee Adjust- ment -for CRMI,._Inc. not to exceed $45,:100.. This is for construction delays on the ramp and library projects. Ayes (2 ), Nays (5). Motion did not pass. Canfield moved, Stobaugh second to adopt Resolution No. 523-95 approving the request. Ayes (5), Nays (2). Motion Carried. Councilmembers McConnell and Evans voted nay. Stobaugh moved, Canfield second to approve the reimbursement to HGA Architects for $5,233. in printing costs associated with the re -bidding of the Government Center Skyway. Ayes (4), Nays (3). Councilmembers McConnell , Senjem and Evans voting nay. Motion carried. 19. RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No 39 - Q1 tober 2, 1995 4549 Agenda Item E-8 Canfield moved, Senjem second -to adopt the following resolutions as adopted by the Rochester Public Utility Board: Resolution No. 524-95 approving an insurance agreement with Hartford Steam Boiler Co. for all risk property insurance for one year at $149,000.00 Resolution No. 525-95.approving an insurance agreement with Associated Electric and Gas Insurance Services, Ltd. (AEGIS ) for comprehensive general liability.insurance for a one year policy in the amt. of $149,497.00.. Both.of the above commence Oct. 18, 1995 Resolution No. 526-95 requesting the week of Oct 1-7, 1995 as M Municipal Public Power week. Ayes (7), Nays (0).Motion carried. E-9 Stobaugh moved, Evans second to adopt Resolution No. 527-95 authorizing the City Clerk to publish a Notice of Hearing for a Charter amendment regarding the publishing of hearings on vacations and public right-of-ways. Hearing will be held Nov. 6, 1995. Ayes (7),.Nays (0).Motion carried. E-10 McConnell moved, Stobaugh second to approve the request for a Sound Amplification Permit for Oct. 8 for the Vertical Reality Skate Park promotion event at Silver Lake Park West Shelter. Ayes (7), Nays (0).Motion carried. E-11 Evans moved, Canfield second to approve the Personnel Policy Section XXVIII Grievance Procedure. Ayes (7), Nays (0).Motion carried. E-12 McConnell moved, Stobaugh second to adopt Resolution No. 528-95 approving the low bid of $72,776.90 to Road Constructors for Project 6231-95 J 9350 Ext..of San. Sewer and Watermain in 31st St. N.E.from 3rd Avenue NE to Tk Hwy No. 63. Ayes (7),Nays (0). Motion carried. E-13 Evans moved, Stobaugh second to adopt Resolution No. 529-95 approving the proposal for Engineering Services for Storm Water Management Stud with Bonestroo Anderlik and Associates for $195,000.00. Ayes (7), Nays (0).Motion Carried. F-1 An Ordinance Annexing to the City of Rochester 79.5 acres of land located in the W 1/2 of the NW 1/4 of Sec. 25, Twp 106N R14W (Hexum Property ) This was given its second reading. Stobaugh mvoed, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning proeprty to RSa Dist. and amending Ord. 2785 on property located on Skyline Dr. This was given its second reading. Myhrom moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion Carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA .4550 Regular Meeting Nn_ 39 - OrtnhPr 2, 1995 Agenda Item F-1 ff An Ordinance Rezoning property to M-1 Dist. on land located east of Hwy 63 This was given its second reading . Evans moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Evans moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion Carried. City Clerk