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HomeMy WebLinkAbout05-18-1992�� �� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No, 29 May 18, 1992 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being present: President Selby, Aldermen Crawford, Hunzike, McConnell, Petersson and Solinger. Absent: Alderman Canfield. Petersson moved; McConnell second to approve the minutes of the May 4, 1992 meeting. Ayes (7), Nays (0).Motion carried. Mayor Hazama paid tribute to Alderman of the Sixth Ward, Peter Solinger who.is retiring from the Council after 16 years of faithful service. He thanked Alderman Solinger for the many committees he served on and becoming the President of the League of Mn. Cities. Alderman Solinger then stated that he has enjoyed serving the City of Rochester bot'felt that time has come that -he spent more time with his family. He offered his service in helping the City and will miss everyone. B-1 A Hearing.on the Project No. 8103-90A J 9158 - Street Construction Concrete Curb and Gutter , Driveway Paving, Service Connections, and Storm Sewer in 16th Ave. S.E [from the S. Ln Outlot"A"Homestead Acres to 8 1/2 St. S. E. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Petersson second to adopt Resolution No. 280-92 approving the project. Ayes (6), Nays .(0).Motion carried.• B-2 A Hearing on the Final Plat to be known as Bamber Ridge Second Sub. Wishing to be heard was Mike Nigbuhr of McGhie and Betts, Inc. representing the Dev. He is present for•any questions and agrees to the five conditions as placed on this by the Planning Dept. Having*no one else present that wished to be.heard, President Selby closed the hearing. Petersson moved, Solinger second to adopt Resolution No. 281-92 approving the plat with the five conditions. Ayes (6), Nays (0).Motion•.carried. B-3 A Hearing on the Final Plat to be known as Whiting Lane Sub.. President Selby removed herself from the chair and President Pro-Tem Solinger took over. Wishing to be heard was Mike N.igbuhr of McGhie and Betts on.behalf of the Developer and was present -for any questions the Council may have. It was determined that a drainage plan had not been submitted and after Council discussion, and no one..else.prese that.w.ished to*be heard; President: Rro`Tem.Sofl°finger closed the hearing 'Petersson moved, Crawford -second -'to table this until a final drainage (plan is submitted. Ayes (5),Nays (0).Motion carried. B-4 A Hearing on the Text Amendment on -Paragraph 60.730, Designation Df Appeal Body, to provide for the opportunity to appeal any decision rendered by the Board of Appeals to the City Council. Having no one present that wished to be heard, President Selby again took over the chair,- and closed the hearing. Crawford moved, Hunziker second to instruct the City Attorney to prepare the Ordinance making this a law. Petersson moved, Hunziker second to amend the motion to make this Ordinance retroactive to when the Land Development Manual was adopted. Ayes (6), Nays (0). Motion carried. The original motion was considered. Ayes (6), Nays (0).Motion carried and the original motion was adopted. it RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned.Meeti.ng No. 29 - May 18, 1992 Agenda Item E-1 Solinger moved, Petersson second to adopt Resolution No. 282-92 authorizing the.Mayor and. City Clerk to execute the amendment to the Assessment agreement with BGD5 concerning the min. market values for ad valorem tax purposes for the parcels of property now known as Centerplace Gal.leria, Radisson Centerplace, and.First Bank Centerplac( in Rochester Mn. Ayes (6), Nays (0).Motion carried. E-2 McConnell moved, Petersson second to revise the parking spaces as requested for Handicapped Parking on West Center Street subject to the.Mayo Foundation paying for the cost of the construction. Ayes (6), Nays (0).Motiom carried. E-3 Hunziker moved, Solinger second to approve the initiation of an amendment to the Homestead Trails PUD.to remove the six alternate plans for single family dwellings in this PUD. Ayes (6), Nays (0). Motion carried. E-4 Petersson moved, Hunziker second to adopt Resolution No. 283-92 approving the -payment of the City share of approx. $670.00 for 1/3 of the cost to purchase and install doors..in the public subway easement area between First Bank Centerplace and the Kahler Plaza Hotel and the Kahler Plaza and Centerplace owners agree to pay for the operation and maintenance costs associated with the doors and the City share to be paid for out of the tax increments. Ayes (5), Nays (1)'. Alderman McConnell voted nay. Motion carried. E-5 McConnell moved, Crawford second to adopt Resolution No. 284-92 authorizing the advertisement for an Airport Consulting Service for Capital Improvements Projects at .the Rochester Municipal: Airport for the calendar year 1993, 1994 and 1995. Ayes (6), Nays (0).Motion carried. E-6 Solinger moved, Hunz.iker second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No.'285-92 approving a purchase order with McGhie and Betts for eng. services for the Mayo Substation 4th Ave. West Duct in the amt. of $40,000.00 Resolution No. 286-92 approving a letter of intent with River Electric Assoc. for the.purchase of electricity from Rochester Public Utilities. Ayes (6), Nays (0).Motion carried. E-7 Petersson moved, Hunziker second to approve the following licenses and bonds: Cigarettes - over the counter - Applebee's Neighborhood Grill'and Bar. Apache Mall Roch.Mn. Master Installer - Kenneth P. Johnson of Plymouth, Mn. Sewer and Drains - Rosenberg Backhoe of Plainview Mn. Sidewalk Curb and Gutter and Driveway Const - 3 -1.5 3916 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - May 18, 1992 Agenda Item Lienan - Daniels Masonry of Kasson Mn.; Gerald Schaefer Const. of Chat E-7 field,-Mn. and Fred Schmidt and Son Builders and Dev. of Roch.Mn. Sign Erection and Maintenance - Ace Signs of Albert Lea, Mn. Master Installer - Loren Woodhouse of Rochester, Mn. Outdoor Dining - Jimmy Psomas DBA Jimmy's Coney Island of Rochester. Misc. Activities - Salvation Army of May 13, 1992 - Donut Day at Galleria - Prior approva' as given. AU Junior -Olympics Parade of Athletes --Start and Finish Soldiers Field - 8-5-92 Mac Attack 5K Road Running race 8-14-92. Ayes (6), Nays (0).Motion carried. E-8 Hunziker moved, Petersson second -to amend Rochester Code of Ordinances 117.06.Subd. 5 allowing the Common Council to grant on a per request basis removal or waiver of the time restriction for particular permits and instruct the City Attorney,to prepare an:Or.dinance for adoption. Before the Ordinance is presented, the City Attorney was instructed to prepare standards and language for the amendments. yes.(6), Nays (0).Motion carried. E-9 McConnellmoved, Hunziker second to approve the transfer of the On - Sale 3.2 beer license.for the Magic Wok at 121 17th Ave.-S. W. from Vi T. Ngu to Dung Manh Van and Phi Hung. Ayes (6)', Nays (0).Motioi carried. E-10 Petersson moved, McConnell second to approve the issuance of an Outdoor Dining permit for the Downtown Deli for the period of May 6, 1992 thru May 6, 1993. Ayes (6), Nays (0).Mbtion carried. E-11 Crawford moved, Petersson second to approve the Accounts Payable in he amount of $1,287,475.01 -filed in the City Clerk's Office. Ayes (6), Nays (0).Motion carried. E-12 Solinger moved, Hunziker second to adopt Resolution No. 287-92 approving the special law and directing the City Clerk to file ith the Secretary of State a certificate stating the essential facts ecessary to valid approval . Mr. Utesch, Finance Dir. made mention f the fact. that this was not the extension of the 1/2 percent sales tax requested by the City of Rochester. Ayes (6), Nays (0).Motion carried.. E-13 Solinger moved, Hunziker second to instruct the City Attorney to prepare an Ordinance to annex 6.5 acres of land located north of Fairway Dr. N. W.,and Villa Rd. N. W. in the North Park Dev. Ayes (6), Nays (0).Motion carried. Res. 288-92 was adopted. E-14 Solinger moved, Petersson second to set a hearing for June 15, 1992 on the proposed vacation of the ROW for 36th St. S.W. located No. �f t e Eleett Fa B 'ldin es (6), Nays (0).Motion carried. No. 58-�IL eso�ution ado�ted. E-15 Crawford moved, Petersson second to set a hearing to be held on une 15, 1992 on the proposed vacation of a 6' wide easement located n, u RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 0 CITY OF ROCHESTER, MINNESOTA Adjourend Meeting No. 29 - May 18, 1992 Agenda Item E-15 along the S. Lot line of Lot 32, Blk 8, Replat of Blocks 3 and 8 Williams, Healy and Cornforth Add. Ayes (6), Nays (0).Motion carried. Resolution No. 289-92 was adopted. E-16 Crawford moved, Petersson second to adopt Resolution No. 290-92 approving the purchase of 507 sq. ft. of -street -easement from the Champion Auto Store for $2,900. and 170.Sq. Ft. of street easement from Michael and Mary Ann Carlson for $220. and 201 Sq. Ft. of street easement from the Classic Mini Storage for $755.00. Ayes (6), Nays (0).Motion:carried. E-17 Crawford moved, McConnell second to adopt. Resolution No. 291-92, approving Project - Pavement Replacement for the Water Reclamation Plant and authorize the City Clerk to advertise for bids to be opened at 11:OO A.M. on June 10, 1992. Ayes (6), Nays (0).Motion carried. E-18 Hunziker moved, Petersson second to adopt Resolution No. 292-92 approving the Hydrologic Study by Barr Eng. of.Mpls. Mn. Engineering at a cost of $5,030.00. Ayes (6), Nays (0).Motion carried. E-19 Hunziker moved; McConnell second to adopt.Resolution No. 293-92 and 294-92 approving the feasibility report and ordering a hearing to be held on June 1, 1992 on Sidewal.k Replacement Project No. 3-1992 J 9241 Ayes (6), Nays (0).Motion carried. E-20 Hunziker moved; Petersson second to adopt Resolution No. 295-92 and 296-92 ordering a'feasibility report and a public hearing to be held on June 1, 1992 on Sidewalk Replacement Project No. 4-1992 J 924' Ayes (6), Nays (0).Motion carried. E-21 Petersson moved, Hunziker second to adopt Resolution No. 297-92 and 298-92 ordering a feasibility report and a public hearing to be held on June 1, 1992 on Sidewalk Replacement Project No. 5-1992 J 9243. Ayes (6), Nays (0).Motion carried. E-22 Hunziker moved,:Crawford second to declare the costs to be assessed and ordering a public hearing to be held on June 15, 1992 on Project No. 8605 J 8936 - San. Sewer and Watermain to serve Aspen Townhomes - previously postponed - Robert Nilsson - Plat 1690 Parcel 01500. Ayes (6); Nays (0).Motion carried. Resolution No. 299-92 and 300-92 was adopted. E-23 McConnell moved, Solinger second to adopt Resolution No. 301-92 awarding the low bid of $2.10,748.50 to Swenke Company of Kasson, Mn. for Project No. 9106 J 9193 - San. Sewer and Watermain and Service Connections in 23rd Ave. SV W. 4th St. S. W. and in Highland Ct. This is subject to the receipt of the assessment agreements. Ayes (6), Nays (0).Motion carried. E-24 Hunziker moved, Crawford second to adopt Resolution No. 302-92 auth- orizing,the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 10, 1992 on Project 6220-3-92 J 9204 - Reconstruction and Widening of 20th. St. S. W. from S.. Broadway to 1st Ave. S. W. 39-1.7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - May 18, 1992 Agenda Item E-24 Ayes (6), Nays (0).Motion carried. E-25 McConnell moved, Petersson second to adopt Resolution No. 303-92 ordering a feasibility report and ordering a hearing to be held on June 15, 1992 on Porject No. 6311-4-92A J 9244 - Construction of Concrete Curb and Gutter and.Driveway approaches on the W Side of llth Avenue N. W. from loth St. N. W. to 12th St. N. W. Ayes (6), Nays (0).Motion carried. E-26 rawford moved, Solinger second to adopt Resolution No. 304-92 approving the feasibility report and orderinga public hearing to be eld on June 15, 1992 on Project No. 6311-4-92 J 9242 - Construction f llth Avenue N. W. from 34th St. N. W '.to 37th St. N. W. Ayes (6), ays (0).Motion°:carried. E-27 rawford moved, Hunziker second to approve the low quote from Maynard jepke's Builder to -be funded with $5,547. transfer from the 1992 ontingency Fund for Temporary Bracing and Shoring of the City nimal Shelter. Ayes (6), Nays (0).Motion carried. E-28 Detersson moved; Hunziker second to adopt Resolution No. 305-92 ranting a deed and temporary construction easement to Olmsted County .and authorizing the proper City officials to sign the deed and easemen. n behalf of the City . Ayes (6), Nays (0).Motion carried. This is eeded for the continuation of West Circle Dr. F-1 An Ordinance Amending the Sec. 62.733 of the Rochester Code of Ord. elating to the Appeals from the Board.of Appeals to the City Council as given its first reading. F-1 n Ordinance Annexing.to the City of Rochester 6.50 acres of lands in SE.I/4 of Sec. 8-and Outlot 8, No. Park Second Sub. T107N R14W as given its first reading. F-1 n Ordinance amending Sec. 62.272 of the RCO relating to the Boarding f Animals or the keeping of Fowl or Farm Animals as accessory ses was given its second reading. Petersson moved, Solinger second o adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 n Ordinance Rezoning to R-1 certain properties located in NE 1/4 f NW 1/4 of Sec. 24 T107N R 14W 2.66 acres ( Whiting Lane Sub.) as given its second reading. McConnell moved, Petersson second to adopt the Ordinance as read. Ayes (5), Nays (0). President Selby abstained from voting. Motion carried. F-1 An Ordinance rezoning to B-4 properties located in Sec: 12, T106N R 14 X2.28 acres in Marion Rd. and Eastwood Rd. was given its second readin Petersson-moved, Crawford second to adopt the Ordinance as read. yes (6), Nays (0).Motion carried. F-1 n Ordinance Amending Sub. 4 of Sec. 125A.04 and Sdb. 3 of Sec. 125A. 3 of the RCO relating to Sunday Sales of Intoxicating Liquor was iven its second -reading. Petersson moved,Solinger second to adopt thl rdinance as read. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3919 Adjourned Meeting No. 29 - May 18, 1992 Agenda Item F-1 An Ordinance Amending Sub: 2 of Sec. 125A.24 of the RCO Relating to V Sale of Alcoholic Beverages on.or near the Premises during an Alcohol Free .Night was given its second reading. Petersson moved, McConnell second to adopt the Ordinance as read. Ayes (5), Nays(1). Alderman Hunziker voted nay. Motion carried. F-1 An Ordinance Relating to the license fee for an On-SaJe Non-Intox. Malt Liquor License; and amending Sub. 3 of Sec. 125A.085 of the RCO Relating to the Proration of License fees was given its second reading. Solinger moved, Petersson second to adopt the Ordinance as read. Ayes (6), Nays (0).Motion carried. F-1 An Ordinance Annexing approx 12.58 acres to the City of Rochester situated in portions of Sec. 15 Rochester Township ( Pine Ridge Estates Sub. ) was given its second reading. McConnell moved, Crawford second to adopt the Ordinance as read. Ayes (6), Nays (0) Motion carried. F-1 Crawford moved, Petersson second to adopt Resolution No. 306-92 approving the owner contract for Basic Construction in Bamber Corners 3rd Sub. ( Arnold Bomgaars and Elcor Const. Ayes (6), Nays (0).Motion carried. F-1 Petersson moved, Hunziker second to adopt Resolution No. 307-92 approving an owner contract for San. Sewer, Storm Sewer Subdrain and Watermain and Service Connections in Baihly Estates; Ron Yanish and Road Constructors, Inc. Ayes (6), Nays (0).Motion carried. G-1 Hunziker moved, McConnell second to remove the request for a Revocabl( Permit for Mayo Clinic Telecommunications from the table. Ayes (6), Nays (0).Motion carried. Petersson moved, Hunziker second to approve the request and adopt Resolution No. 308-92. Ayes (6), Nays (0).Motion carried. Having no further business, Petersson moved, Hunziker second to adjourn the meeting until 10:30 A.M. on May 21, 1992 for the Canvass vote of the election held on May 19, 1992. Ayes (6), Nays (0).Motion carried. Tty Clerk 11