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HomeMy WebLinkAbout11-16-1998RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA .5412 Regular C:nuncil Meeting Nn 33 — November 1 R. 1 PAR Agenda Item A-1 B-1 C-1 Wishing to be heard during the Open Comment Period was Virginia Smith, 836 Memorial Parkway, owner of Ginny's Fine Fabrics,,12 South Broadway. Ms. Smith spoke in opposition of the Time Square development stating it took away free enterprise. She felt it was unfair for one landlord to control the rent structure for the downtown area and that the small businesses added to the downtown atmosphere. She asked that the issue be reconsidered and possibly brought to the public for their opinion. Also wishing to be heard was Carol Krisnovich, residing at 99 Milwaukee Street, LaCrosse, WI, representing the accounting firm of Hawkins, Ash, Baptie from LaCrosse, W. (HABCO) She asked the Council to consider accepting the low proposal for Audit Services presented by HABCO, and addressed the concerns from staff that had been brought to their attention. President John Hunziker called the meeting to order at 7:00 P.M. with the following members present: Councilmembers Mack Evans, Ed Hruska, Marcia Marcous, Jean McConnell, David Senjem and Walter Stobaugh. Absent: None. Councilmember Senjem introduced a Boy Scout troop from the. John Adams Middle School area. A petition was received from property owners requesting the City to construct Arboretum Drive NW from 41 st Street NW to the South Line of Lincolnshire Eighth Subdivision. Councilmembers Marcoux moved, Senjem seconded, to adopt Resolution No. 694- 98 referring the petition for "Construction of Arboretum Drive NW from 41 st Street NW to the South Line of Lincolnshire Eight Subdivision" to the Public Works Department for a feasibility study. Ayes (7), Nays (0). Motion carried. D-1 A Hearing on General Development Plan #133 by Carriage Homes, Inc. to be known as Carriage Homes located along the north side of 2nd Street SW, west of West Circle Drive. Wishing to be heard was Wade Dumond, Yaggy-Colby, representing the developer. He addressed issues from the November 2nd meeting concerning Meadowbrook and Northern Slopes grading. A performance bond is being obtained for the grading at Northern Slopes. The work is to be completed by May 24, 1999 or the bond will go into affect. Another issue was a letter from the developer's attorney to a resident who felt his right to free speech was violated. Mr. Dumond explained that the person was not allowed to speak because the meeting he attended was specifically for the Meadowbrook Association's business. The final issue was the deletion of condition one's reference to a roadway extension through the park. Counilmember Evans was concerned about the $25-30 thousand dollar bond not being enough for the completion of the grading. Doug Nelson stated it seems a reasonable amount but at this time had not received any of the developer's information as to how they came up with that amount. I -I Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5 - Regular Council Meeting No. 33 — November 16, 1998 David Goslee, Deputy City Attorney, explained the bond for the grading of Northern Slopes, specifically the terms of the bond are that the needed work will be completed by May 24, 1999. If the work is not competed by that date, the city can take action and invoke the bond. The agreement also included regulations for completing the needed work at Meadowbrook by May 24, 1999. Attorney Goslee informed the Council that the 120 days time limit is due to expire shortly. The Council's options, if it is not inclined to approve with conditions, are to deny the GDP or ask for a written waiver of the 120 day rule and bring back at a later date. Councilmember Senjem expressed concern about notification of residents. According to the agreement the developer is not required to notify residents. Wishing to be heard was Mavis Mattson, 3211 Northern Valley Drive. Ms. Mattson was concerned that the Association would be responsible for any excess if the completed project exceeded the estimated $25,000 bond. Doug Nelson explained that they are being required to comply with the original 1996 approved grading plan. Wishing to be heard was Jeff Brown, 3156 Northern Valley Drive. Mr. Brown expressed his frustration with the continued delays and being told work will be completed but not seeing it happen. Wishing to be heard was Ray Brown, 3203 Northern Valley Drive, President of the Northern Slopes Assoc. Mr. Brown asked when was the completion date. This would be May 24, 1999 or the city will take action on the bond. Wishing to be heard was Gail Stephan, 4809 31" Avenue NW. Mr. Stephan asked if there was a bond for Meadowbrook. She was informed that, if the work were not completed by May 24, 1999, then Carriage Homes would be required to obtain a performance bond in the amount necessary to complete the project. Wishing to be heard was Greg Johnson, Carriage Homes, Inc., to explain the changes Yaggy Colby has made to the grading design for Northern Slopes, which should remedy the problems. He addressed Councilmember Senjem's concern on notifying neighbors of Carriage Homes and has no problem with this request. Councilmember Hruska asked Mr. Johnson to speak personally to the owners about their concerns. Mr. Johnson explained that to help combat future problems, Carriage Homes has implemented a warranty program designed to take care of problems and concerns when they happen. Mr. Johnson agreed on behalf of Carriage Homes, Inc., to obtain a performance bond in the amount of $40,000 for the Northern Slopes completion, and to comply with all other provisions of the agreement Carriage Homes would be executing. Wishing to be heard was Terry Adkins, City Attorney. Mr. Adkins stated he had just spoken to Mr. Johnson and he agreed to amend the agreement to state that in the event that Public Works and Carriage Homes cannot agree on the amount of the bond for Meadowbrook, a third party will be allowed to make that determination. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL - CITY OF ROCHESTER, MINNESOTA 5 414 Regular (fin m .ii r I Meeting Nn 33 — Nnvemher 1 F, 1 APR Agenda Item D-2 D-3 D-4 Councilmembers McConnell moved, Marcoux seconded, to approve General Development Plan #133 by Carriage Homes, Inc. to be known as Carriage Homes with nine conditions with condition one deleting any reference to a roadway extension through the park, specifying a 60-foot pedestrian access through the park, and the agreement by Carriage Homes to complete Meadowbrook and Northern Slopes to furnish a performance bond for $40,000, and instructing the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (6), Nays (1). Motion carried. Councilmember Senjem voted nay. A Hearing for Assessing Weed Eradication, Tree Removal, Debris Removal, Impound Towing and Secure Property. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, Evans seconded to adopt Resolution No. 695-98 approving the assessing of properties for Weed Eradication, Tree Removal, Debris Removal, Impound Towing, and Secure Property. Ayes (7), Nays (0). Motion carried. A Hearing to Consider Local Improvement Project No. 6306-2-99 (J-9525) "Reconstruction of 6t' Avenue SE from East Center Street to 4t' Street SE." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No. 696-98 approving Project No. 6306-2-99 (J-9525) "Reconstruction of 6t' Avenue SE from East Center Street to 4t' Street SE." Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh asked about traffic calming measures and angle parking for this area. Staff said that they are working with the residents on both issues. Councilmember Evans asked about projects being completed before starting another. Staff will look into the time line for projects. A hearing to Consider the Levying of Assessment for Project No. 6306-2-99 (J9525) "Reconstruction of 6t' Avenue SE from East Center Street to 4t' Street SE." Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Stobaugh moved, Hruska seconded, to adopt Resolution No. 697- 98 approving the lev�ing of assessments for Project No. 6306-2-99 (J-9525) "Reconstruction of 6 Avenue SE from East Center Street to 4t' Street SE." Ayes (7), Nays (0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF -THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5415 Regular Council Meetinq No. 33 — November 16, 1998 Agenda Item D-5 IA Hearing to Consider Transfer of Cable Television Franchise to Bresnan Telecommunications Company. Gary Neuman asked John Wade, Vice-president of Bresnan Telecommunications, about some investments to the system for upgrading the rebuild that had been discussed earlier. Mr. Bresnan stated, for the record, that these investments are being made. Councilmember Hruska moved, Marcoux seconded, to adopt Resolution No. 698- 98 transferring the Cable Television Franchise to Bresnan Telecommunications Company. Ayes (7), Nays (0). D-6 A Hearing to Consider. Rochester City Lines Service Changes on Routes 7, 12, 16, and 17. Having no one wishing to be heard. President Hunziker closed the hearing. Councilmember Stobaugh moved, Senjem seconded to adopt Resolution No. 699- 98 approving the Rochester City Line Service Changes on Routes 7, 12, 16, and 17. Ayes (7), Nays (0). Motion carried. D-7 A Hearing on Annexation by Ordinance Petition #98-15 by Arnold Bomgaars to annex approximately 13.57 acres of land in a part of the S'/ SW %, Section 19, Haverhill Township. The property lies South of Rocky Creek Drive, West of East Circle Drive. Councilmember Senjem moved, Stobaugh seconded, to continue the hearing to December 7, 1998. Ayes (7), Nays (0). Motion carried. D-8 I A Hearing on Final Plat #98-26 to be known as South Park Fourth Subdivision. Wishing to be heard was Harvey Ratzloff, 2040 Viola Road NE, referred to a letter from staff about right-of-way for urban section roadway. Mr. Ratzloff agreed to issue a letter stating compliance with this condition. Councilmember Hruska moved, Stobaugh seconded, to adopt Resolution No. 700- 98 approving Final Plat #98-26 to be known as South Park Fourth Subdivision with three conditions. Ayes (7), Nays (0). Motion carried. D-9 A Hearing on Zoning District Amendment #98-13 by Larry and Duane Vonch to rezone from the R-1 district to B-4 district, property legally described as lots 1,2, and 3, Block 3 Highland Addition and located along the south side of 2nd Street SW, East of 23`d Avenue SW. Having no one wishing to be heard, President Hunziker closed the meeting. 5416 Agenda Item D-10 D-11 D-12 D-13 E-1-17 E-1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Council Meeting No_ 33 — November 18, 1998 Councilmember Senjem moved, Stobaugh seconded, to approve Zoning District Amendment #98-13 by Larry and Duane Vonch with three conditions and instruct the City Attorney to prepare an ordinance for adoption supported by Findings of Fact and Conclusions of Law. Ayes (7), Nays (0). Motion carried. A Hearing on Zoning District Amendment #98-14 by Raymond and Rose Durhman to rezone from the R-4 Residential to B-4 General Commercial, property located West of 3rd Avenue SW, along the south side of Crossroads Drive. Wishing to be heard was Ray Durhman, the applicant to answer any questions. Having no one further wishing to be heard, President Hunziker closed the meeting. Councilmember Stobaugh moved, Marcoux seconded to approve Zoning District Amendment #98-14 by Raymond and Rose Durhman with three conditions and instruct the City Attorney to prepare the required ordinance supported by Findings of Fact and Conclusions of Law. Ayes (7), nays (0). Motion carried. A Hearing to Amend the 1996 and 1998 Action Plan for the Community Development Block Grant (CDBG) Program. Having no one wishing to be heard, President Hunziker closed the meeting. Councilmember Evans moved, Stobaugh seconded, to adopt Resolution No. 701- 98 to amend the 1996 and 1998 Action Plan for the Community Development Block Grant (CDBG) Program. Ayes (7), Nays (0). Motion carried. A Hearing on the 1999 Low Income Housing Taz Credit. Councilmember Stobaugh moved, McConnell seconded to continue the hearing to the December 7, 1998. Ayes (7), Nays (0). Motion carried. A Hearing on Type III, Phase ll, Land Subdivision Permit #98-28 by the City of Rochester to be known as Rochester Technology Park Second and is located east of West Circle Drive, south of Valleyhigh Drive NW, west of Rochester Technology Park Subdivision in Section 20 of Cascade Township. Having no one wishing to be heard, President Hunziker closed the hearing. Councilmember Senjem moved, Evans seconded to approve Land Subdivision Permit #98-28 by City of Rochester to be known as Rochester Technology Park Second with three conditions and instruct the City Attorney to prepare Findings of Fact, Conclusions of Law, and Order. Ayes (7), Nays (0). Motion carried. Councilmember Evans moved, Stobaugh seconded, to approve the following consent agenda items: Approved the minutes of the October 12d', October 19d', November 2"d, November 4 , and November 9d', 1998 Council meetings. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5417 Regular Council Meeting No. 33 — November 16, 1998 Agenda Item E-2 Approval to adopt the ordinance to impose the new %% sales and use tax for the purposes authorized in the 1998 legislative session. E-3 Adopted Resolution No. 702-98 granting a revocable permit to Custom Canvas to replace an existing projecting sign with an awning on the property located at 1111 2nd Street SW. The awning will project into the right-of-way 8'. E-4 Adopted Resolution No. 703-98 approving the application of Wisteria Estates to the Southeastern Minnesota Initiative Fund Business Loan Program E-5 Approved the following licenses and miscellaneous activities: Sign Installer James Nelson, DBA Identi-Graphics, St. Bonifacius, MN Heatinq Contractor Quality Air Systems, Rochester, MN Master Installer Gregory J. Hosch, St. Louis Park, MN Alfred R. Einberger, Jr., Cottage Grove, MN Miscellaneous Activities UNITY Demonstration in YMCA-YMWA Parking Lot — December 11, 1998 Downtown Business Association — Carriage Rides — November 27, 1998 E-6 Approved the transfer of the Off Sale Liquor License for Hillcrest Liquor from Shirley Keehn to George J. Psomas. E-7 Directed the City Attorney to draft the required amendment to Ordinance 105A to reflect the annual dance fee of $200.00. E-8 I Approved Accounts Payable in the amount of $1,384,717.86. E-9 Adopted Resolution No. 704-98 approving the Cooperative Agreement with the Rochester Olmsted Council of Governments for Transportation Planning Activities for 1999. E-10 I Withdrawn was the 1998 Olmsted County Fair Security Coverage. E-11 Approved acceptance of donations for the Rochester Police Department Emergency Response Unit's Peacekeeper. (301-39560 Project #1978) E-12 Adopted Resolution No. 705-98 accepting the bid of Rochester Sand and Gravel in the amount of $159,436.09 for Project No. 6323-3-98 (J-9502) "Construct 23`d Ave. SW from 2"d Street SW to 500 Feet North, and Two Storm Water Detention Ponds." 5418 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-13 Adopted Resolution No. 706-98 executing the Second Amendment to the City - Owner Contract between the City, Mayo Foundation and Fraser Construction Company for Project No. J9497. The relationship of Councilmembers Hruska, Senjem, and Stobaugh to the Mayo Foundation were noted. E-14 Adopted Resolution No. 707-98 setting a public hearing on December 7, 1998 on expanding Residential Permit Parking Zone #6 onto 5t' Street SW, on the south side of the street from 5 h Ave. to 150 feet west of 6t' Ave. E-15 Adopted Resolution No. 708-98 authorizing addition of the 3`d Street Ramp to the existing Parking Management Agreement with APCOA/STANDARD. E-16 Adopt Resolution -No. 709-98 adding paragraph (0.2a), (0.2b). (2.1 a) and (3.1 a) to Section S "Revocable Permits" of the comprehensive Traffic Resolution Book to read: (0.2a) West Center Street in the 200 block, on the south side of the street, a canopy extendinW 11'6" beyond property line, (2.1 a) 2" Avenue SW in the 10 block, on the west side of the street, a canopy extending 9W beyond property line, (3.1a)3 Avenue SW in the 10 block, on the east side of the street, a canopy extending 10W beyond property line. The relationship of Councilmembers Hruska, Senjem and Stobaugh to the Mayo Foundation were noted. E-17 Adopted Resolution No. 710-98 approving an agreement with Bethel Lutheran Church to establish a park and ride lot during 1999 in the 800 block of 3`d Avenue SE. Ayes (7), Nays (0). Motion carried. F-1 Councilmember Senjem moved, Stobaugh seconded to approve placing the Network Administrator position in Management Family I — Grade #8. Ayes (7), Nays (0). Motion carried. F-2 I Reconsideration of Housing Tax Credit Award was withdrawn to December 7, 1998. F-3 Councilmember Marcoux moved, Senjem seconded to adopt Resolution No. 711- 98 approving the agreement with Yaggy Colby Associates for the Land & Building Development Guide Booklet with an actual cost not to exceed $7800, inclusive of additional graphics with this being an appropriation from the 1998 contingency fund Ayes (7), Nays (0). Motion carried. F-4 Councilmember Senjem moved, Marcoux seconded to adopt Resolution No. 712- 98 entering into an agreement with Smith, Schaefer and Associates, LTD., to provide audit services for the five annual periods ending December 31, 1998,1999,2000, 2001,and 2002. Ayes (4), Nays (3). Motion carried. Councilmembers Hruska, Evans and McConnell voting nay. 1 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5419 Regular Council Meeting No. 33 — November 16, 1998 Dale Martinson, Finance Director, stated that these proposals were not subject to the bid laws and the main reason for going with Smith Schaefer and Assoc. instead of HABCO was RPU felt they did not have the expertise for as large a city as Rochester. F-5 Councilmember Hruska moved, Evans seconded to adopt Resolution No. 713-98 Authorizing the Mayor and City Clerk to sign an interest -free lease agreement with Ziegler Equipment for a Caterpillar 938G Front-end Loader. Ayes (7), Nays (0). Motion carried. F-6 Councilmember Senjem moved, Stobaugh seconded to adopt Resolution No. 714- 98 approving the change order No. 1 with Floyd Larson Construction for changes to the work on the new fire station, with an approximate reduction of $31,355. Ayes (7), Nays (0). Motion carried. G-2a An Ordinance Rezoning Certain Property from the R-1 District to the B-4 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (Lots 1,2,3, Block 3 Highland Addition and located along the south side of 2"d St. SW, East of 23`d Ave. SW) G-2b An Ordinance Rezoning certain Property from the R-4 District to the B-4 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, was given a first reading. (West of 3`d Ave. SW, along south side of Crossroads Drive) G-2c An Ordinance Amending and Reenacting Subdivision 17 of Section 129.01, Section 129.02, Subdivisions 1 and 3 of Section 129.40, and Section 129.44 of the Rochester Code of Ordinances, Relating to the City Sales Tax, was given a first reading. G-2d An Ordinance Amending and Reenacting Subdivision 2 of Section 105A.03 of the Rochester -Code of Ordinances Relating to Dance Permit Fees, was given a first reading. G-3a An Ordinance Amending and Reenacting Section 66.103 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Issuance of Permits for Manufactured Homes or Manufactured Home Parks Within the City, was given a second reading. Councilmember Senjem moved, Stobaugh seconded, to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. G-4b An Ordinance Amending and Reenacting Section 66.104 of the Rochester Code of Ordinances, Relating to the Adoption of an Interim Ordinance Regulating the Issuance of Permits for Mining or Extraction Activities Within the City was given a second reading. Councilmember McConnell moved, Stobaugh seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 5420 Regular Council Meeting No. 3-3 — November 16, 1998 Agenda Item G-4c G-4a G-4b H-1 An Ordinance Rezoning Certain Property From the B-1 District to the B-4 District and Amending Ordinance No. 2785, Known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota was given a second reading. Councilmember Stobaugh moved, Evans seconded to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Councilmember McConnell moved, Stobaugh seconded, to adopt Resolution No. 715-98 entering into an owner contract with Leslie Lurken and Road Constructors, Inc. for Project No. J-9533 "Basic Construction in North Park Ninth Subdivision". Ayes (7), Nays (0). Motion carried. Councilmember Stobaugh moved, Marcoux seconded, to adopt Resolution No. 716-98 entering into an owner contract with Western Walls, Inc. for Project No. J- 9543 "Extension of Sanitary Sewer on South Side of TH 14 West to Diamond Fifteenth Subdivision". Ayes (7), Nays (0). Motion carried. Vacation Petition #98-13 by River Ridge Suites, LLC to vacate ROW of 2"d St. NE, which lies North of Block 78, Original Plat of Rochester, was tabled to December 7, 1998. Having no further business, Councilmember Evans moved, Senjem seconded to adjourn the meeting. Ayes (7), Nays (0). Motion carried. Deputy City Clerk I� u