HomeMy WebLinkAbout09-16-1996RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16, 1996 4775
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President Hunziker called the meeting to order at 7:00 P.M. with the following
members being present: Councilmembers Evans, Hruska, Marcoux, McConnell,
Senjem and Stobaugh. Absent: None
A Hearing on Final Plat #96-21 to be known as Waterford Third Subdivision.
Wishing to be heard was Terry Spaeth, Planning Department, requesting that a
fourth condition be added to the Final Plat; i.e., that being:
(4) The developer grading the bikepath along the North side of
Mayowood SW adjacent to this Plat do so to the specifications of
the Public Works Department.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Senjem moved, Evans seconded, to adopt Resolution No. 513-
96 approving Final Plat #96-21 to be known as Waterford Third Subdivision with
four conditions as recommended. Ayes (7), Nays (0). Motion carried.
A Hearing on Final Plat #96-17 to be known as Eagle Ridge Second Subdivision.
Wishing to be heard was Richard Freese, Public Works Director, noting that the
grading plan has been approved by the Public Works Department.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
514-96 approving Final Plat #96-17 to be known as Eagle Ridge Second
Subdivision and six conditions as recommended. Ayes (7), Nays (0). Motion
carried.
A Hearing on Type III, Phase II, Land Subdivision Permit (Preliminary Plat) #96-
20 to be known as Manorwoods West 7th Subdivision.
Wishing to be heard was Cedric Schutz, Land Consultant, representing the
applicant. Mr. Schutz referred to condition #7 and stated that the applicant will
provide sanitary sewer to the lots that lie to the East of the property.
Having no one further wishing to be heard, President Hunziker closed the
hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve Land
Subdivision Permit #96-20 to be known as Manorwoods West 7th Subdivision
and request the City Attorney to prepare Findings of Fact, Conclusions of Law,
and Order. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
4776 Regular Adjourned Meeting No. 21 - September 16, 1996
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A Hearing on Vacation Petition #96-15 by James and Julie Alhiser to vacate the
five-foot utility easement along the south line of Lot 6, Block 1, Sauer's First
Subdivision.
Having no one wishing to be heard, President Hunziker closed the hearing.
Terry Adkins, City Attorney, requested that the vacation petition be tabled. He
has not received a complete legal description and is unable to prepare the
necessary documents without it.
Councilmembers Senjem moved, McConnell seconded, moved to table Vacation
Petition #96-15 until such time as the necessary legal description is provided to
the City Attorney. Ayes (7), Nays (0). Motion carried.
A Hearing on Project No. 9613- (J-9392) "Sanitary Sewer and Watermain
Extension to serve Lots 2 & 3, Block 1, Bianco Estates"
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers McConnell moved, Marcoux seconded, to adopt Resolution No
515-96 ordering Project No. 9613 (J-9392) to be made. Ayes (7), Nays (0).
Motion carried.
A Hearing on Vacation Petition #96-14 by Roger Carlsen and Jerry Nelson to
vacate the west five feet of the 20-foot easement on Lot 1, Block 1, White Oaks
Subdivision, except the northerly 10 feet and except the southerly five feet.
Terry Adkins, City Attorney, requested that the hearing be continued to October
7, 1996. There was a procedural defect in the time the notices were sent.
Councilmembers Stobaugh moved, Evans seconded, to continue the hearing on
Vacation Petition #96-14 to the October 7, 1996 meeting. Ayes (7), Nays (0).
Motion carried.
A Hearing on Project No. 9614 (J-9393) "Sanitary Sewer and Watermain
Extension to serve the SE 1/4, SE 1/4 Section 19, Cascade Township (Mail
Processing Center and Others)".
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Stobaugh moved, Evans seconded, to adopt Resolution No.
516-96 ordering Project No. 9614 (J-9393) to be made. Ayes (7), Nays (0).
Motion carried.
A Hearing on Amendment of General Development Plan #83, known as The
Arboretum.
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Wishing to be heard was Don Borcherding, Yaggy-Colby, representing the
applicant. Mr. Borcherding stated that they have worked out the details on all
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16, 1996 .4 7 7 7
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three conditions as recommended by the Planning Commission. He also
acknowledged the letter from Mark Utz addressing condition #3.
Wishing to be heard was Ron Engebretson, 3311 Arbor Drive N.W., Mr.
Engebretson stated that the homeowners in Lincolnshire were concerned about
any proposed changed to The Arboretum as they had been told by their
developer that the entire area would be single-family homes.
Councilmember McConnell was concerned that the rezoning would allow for low-
income apartments coming into the area and affecting the property values of
those homes in Lincolnshire Subdivision to the South. Mr. Borcherding stated
that the condos planned were of a value in keeping with the area.
Wishing to be heard was Dan Lehnertz, 3401 Arbor Drive N.W., pointing out the
declarations and covenants that are on the abstract for his lot.
Wishing to be heard was Mark Utz, Dingle, Wentland Law Firm. Mr. Utz was
advised that his concern over condition #3 (proposed trunk line sewer alignment)
had been noted and there was no problem foreseen with the extension to the
property to the west.
Wishing to be heard was Bonnie Lehnertz, 3401 Arbor Drive N.W.; concerned
about the area south of 48th Street and whether or not it would be developed for
single-family homes.
Discussion. Terry Adkins informed the Councilmembers that the ordinance for
The Arboretum was adopted in 1982. That ordinance provides that any change
to The Arboretum Special District must occur in a General Development Plan. If
the Council wishes to change a part of the previously adopted General
Development Plan, they will have to start the process by referring the
amendment to the Planning and Zoning Department.
Wishing to be heard, was Bonnie Lehnertz, 3401 Arbor Drive N.W., asking if the
condos proposed south of 48th Street were to be of an equal value to the
properties in Lincolnshire.
Wishing to be heard was Debbie Holtegaard, 3317 Arbor Drive N.W., very
concerned about the people coming into the undeveloped area between
Lincolnshire and 48th Street.
Wishing to be heard was Ron Engelbretson, 3311 Arbor Drive N.W., noting that
the neighborhood (Lincolnshire) feels very strongly about single family homes for
the area.
Wishing to be heard was Terry Kraimer, 4502 Scarborough Lane N.W., stating
that when they built six years ago they were told single family homes would be
built throughout the area; had they known the development plans, they would not
have built in Lincolnshire.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- 477H CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16, 1996
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Having no one further wishing to be heard, President Hunziker closed the
hearing.
Discussion. Mr. Borcherding explained that there is a buyer for land on the west
side of the General Development Plan area which would require the alignment of
48th Street N.W. He asked that this part of the Plan be handled this evening.
Councilmembers McConnell moved, Senjem seconded, to approve the General
Development Plan for The Arborteum for that portion of the GDP which is north
of 48th Street and include alignment of 48th Street as follows:
1. Move the east -west connection between 31st Avenue N.W. and West
Circle Drive south to align with 48th Street N.W.,
2. Decrease the residential dwelling density from that which has been
approved on the existing plan only so far that affects that area north of
48th Street N.W., and
3. The proposed trunk line sewer alignment be extended to the property
boundary to serve the adjoining property to the west through some type of
roadway/easement alignment located to the Douglas Trail within 400 feet
of the most Northwesterly lot corner of the Northwest corner of
Subdivision Lincolnshire VII, and
request the City Attorney to prepare Findings of Fact, Conclusions of Law, and
Order. Ayes (7), Nays (0). Motion carried.
B-9 IA Hearing on the 1997 Community Development Block Grant (CDBG)
Appropriation
Having no one wishing to be heard, President Hunziker closed the hearing.
Councilmembers Evans moved, Stobaugh seconded, to approve the
recommended appropriations as outlined on the RCA. Ayes (7), Nays (0).
Motion carried.
C 2- I Councilmembers McConnell moved, Hruska seconded, to approve the following
14 consent agenda items:
C-2 I Approve the following licenses and miscellaneous activities:
Beer - On -Sale Temporary
Rochester Barbershop Chorus - cast party at St. Pius X Catholic Church
Sidewalks - Cement
Younge Development Company, Rochester
C-3 Approve an Off -Sale Intoxicating Liquor License for Peter Kolas, 841 Second
Street N.E., for a business to be located at 4040 Highway 52 North (Maplewood
Shopping Center) opening around November 1, 1996.
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RECORD OF OFFICIAL 'PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16, 1996 4779
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C-4 Adopt Resolution No. 517-96 approving a Sound Amplification Permit and waiver
of the time restriction for the Village Circle Block Party on September 21, 1996.
C-5 Approve a Sound Amplification Permit for the Downtown Business Association to
have a calliope at the Peace Plaza on September 13, 1996.
C-6 Approve Accounts Payable in the amount of $846,737.37.
C-7 Approve the appointment of Shayna Johnson to the Human Rights Commission
to fill the unexpired term of Ron Corbisier ending May 1, 1997.
C-8 Approve the appointment of Don Dealing to the Police Civil Service Commission
to fill the vacancy created by the resignation of Richard Mahler. The three-year
term will run to April 1, 1999.
C-9 Approve the appointment of Elizabeth Johnston.to the Rochester Civic Music
Board to replace John Rylander in the sixth ward. The three-year term will run to
January 1999.
C-10 Adopt Resolution No. 518-96 authorizing the City Clerk to advertise for bids for
Project No. 9602 (J-9361) "Watermain extension from South Pointe Second
Subdivision to Machinery Hill Subdivision".
C-11 Adopt Resolution No. 519-96 authorizing the City Clerk to advertise for bids for
Project No. 9502 (J-2171) "Construct Sanitary Sewer Relief Trunkline Along
DM&E RR from 1500 Feet West of TH 52 to Inplace Cascade Trunkline on West
Side of Cascade Creek at 7th Street N.W."
C-12 Adopt Resolution No. 520-96 authorizing the execution of a professional services
agreement with Yaggy Colby Associates for Project No. 9614 (J-9393) "Sanitary
Sewer and Watermain Extension to serve the SE 1/4, SE 1/4 Section 19,
Cascade Township (Mail Processing Center and Others)".
C-13 Adopt Resolution No. 521-96 authorizing the Mayor and City Clerk to enter into
the Assessment Agreement with the Joseph N. Gores Trust, Plat 5240 Parcel
003000, for Project J-8072 "Country Club Manor Trunkline Sanitary Sewer" and
Sanitary Sewer Connection Charges.
C-14 Approve a Sound Amplification Permit for Rookies Sports Bar & Grill for
September 19th and 26th, 1996.
Ayes (7), Nays (0). Motion carried.
D-1 Wishing to be heard was Councilmember Senjem recommending that a Citizen
Task Force should be appointed to look at the budget for the City and
recommend on potential cuts to programs.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4780 CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16, 1996
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Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 522-
96 establishing a uniform policy for the handling of requests for wireless
communications antennas and towers on City -owned property. Ayes (7), Nays
(0). Motion carried.
Councilmembers Evans moved, Stobaugh seconded, to adopt Resolution No.
523-96 declaring the week of October 6 - 12, 1996 as Municipal Public Power
Week in Rochester, Minnesota. Ayes (6), Nays (0). Abstain (1). Motion carried.
Councilmember McConnell abstained.
Councilmember Senjem moved, Evans seconded, to adopt Resolution No. 524-
96 setting a hearing for 7:00 P.M. on October 7, 1996, to consider a proposed
repealing of R.C.O. 134.21 and amending R.C.O. 73.08 relating to sidewalk
sales and the display of "for sale" signs on vehicles parked in the street. Ayes
(7), Nays (0). Motion carried.
Councilmembers McConnell moved, Stobaugh seconded, to adopt Resolution
No. 525-96 closing completed improvement projects and transferring unexpended
balances pursuant to Mn. Statutes, Section 429.091, subd. 4. Ayes (7), Nays
(0). Motion carried.
Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution 526-
96 approving an agreement to transfer the concert booking function for the Mayo
Civic Center to the Music Department from the Park Department and authorize
the Mayor and City Clerk to execute the agreement. Ayes (7), Nays (0). Motion
carried.
Councilmembers Senjem moved, McConnell seconded, to adopt Resolution No.
527-96 approving the Wetland Replacement Plan in an area of The Arboretum
Special District known as Lincolnshire 7th Subdivision. Ayes (7), Nays (0).
Motion carried.
Councilmembers Evans moved, Hruska seconded, to table a Cooperative
Agreement with the Minnesota Department of Transportation for construction of
City Portion of CSAH 22/TH 14 Interchange to September 23, 1996. Ayes (7),
Nays (0). Motion carried.
Councilmembers Senjem moved, Hruska seconded, to adopt Resolution No. 528-
96 authorizing the execution of project work as covered in Supplemental
Agreement for Project No. 8810-02-96 (J-9380) "Basic Construction in
Manorwoods Lakes 2nd" contingent upon owner and developer filing with the
City a letter of intent and documents granting necessary easement for the
intended work. Ayes (7), Nays (0). Motion carried.
Councilmembers Evans moved, Hruska seconded, to adopt Resolution No. 529-
96 levying the proposed assessments for Project No. 7301-96 (J-9377)
"Extension of the North Branch of the Northwest Trunkline Sanitary Sewer from
55th Street N.W. at the Douglas Trail to 57th Street N.W. and in 57th Street N.W.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 21 - September 16 1996 4 7 8 i
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to the West Line of White Oaks Subdivsiion, Phase I" but deferring until
December 1, 1998 or until an individual lot is developed, sold or transferred.
Ayes (7), Nays (0). Motion carried.
E-10 Councilmember Stobaugh moved, Hruska seconded, to approve the issuance of
additional low income housing tax credits from the Minnesota Housing Finance
Agency to Homestead Village for additional rehabilitation credits. Ayes (7), Nays
(0). Motion carried.
F-3 An Ordinance Creating Section 78.01, 78.02 and 78.03 of the Rochester Code of
Ordinances, Relating to the Assessment of Delinquent Charges for Electric
Service was given a second reading. Councilmembers McConnell moved,
Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-4a Councilmembers-Hruska moved, Evans seconded, to adopt Resolution No.
529A-96 entering into an Owner Contract with White Oaks Development of
Rochester, Inc. and Road Constructors, Inc. for Project No. J-9378 'Basic
Construction in White Oaks Subdivision, Phase II". Ayes (7), Nays (0). Motion
carried.
F-4b Councilmembers Hruska moved, Evans seconded, to adopt Resolution No. 530-
96 entering into an Owner Contract with John Bouquet and Elcor Construction for
Project J-9394 "Watermain Extension to Serve Waterford Subdivision, Phase III,
Lots 2-43, Block 1 ". Ayes (7), Nays (0). Motion carried.
F-4c Councilmembers McConnell moved, Hruska seconded, to adopt Resolution No.
531-96 entering into an Owner Contract with Academy of our Lady of Lourdes
and S.L. Contracting, Inc. for Project J-9390 "Extension of High Level Watermain
to Serve Assisi Heights". Ayes (7), Nays (0). Motion carried.
F-4d Councilmembers Hruska moved, Marcoux seconded, to adopt Resolution No.
532-96 entering into an Owner Contract with Michael Younge Builder, Inc. and
Road Constructors, Inc. for Project J-9389 'Basic Construction in Lincolnshire
Seventh Subdivision". Ayes (7), Nays (0). Motion carried.
F-4e Councilmembers Marcoux moved, Stobaugh seconded, to adopt Resolution No.
533-96 entering into an Owner Contract with Derrick Investment Company and
Fraser Construction for Project J-9396 "Utilities to Serve Salem Meadows, Phase
I". Ayes (7), Nays (0). Motion carried.
H-1 Councilmembers Senjem moved, Evans seconded, to proceed to provide
spectator seating at the Recreation Center Pool, to approve the new Volleyball
Center at Century High School, and appropriation of funding as proposed. Ayes
(7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
- CITY OF ROCHESTER, MINNESOTA
4782 Regular Adjourned Meeting No. 21 - September 16, 1996
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Having no further business, Councilmembers Marcoux moved, McConnell
seconded, to recess the meeting to 3:45 P.M. on September 23, 1996.
Ayes (7), Nays (0). Motion carried.
i
ity Clerk
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