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HomeMy WebLinkAbout12-04-1989RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N? 3440 CITY OF ROCHESTER, MINNESOTA N? 3440 Regular Meeting No. 17 - December 4, 1989 Agenda Item A-1 C-1 E=1 E-2 E-3 E-4 President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield ( arrived.2:10 P.M.) Hunziker, McConnell, Solinger and Strain. Absent: None. McConnell moved, Bluhm second to approve the minutes of the November 20, 1989 meeting. Ayes (6), Nays (0). Motion carried. Strain moved, Hunz.iker second to approve the appointment to the Park Board of Paul W. Olander of 1073 Plummer Lane S. W. replacing John Withers in the Second Ward. Ellen J. Snyder of 2607 55th St. N. W. replacing Frank Wilkus. The unexpired term of Olander is June 1990 and Snyder is June 1991. John Withers is also appointed the At Large member of the Park Board. Ayes (6), Nays (0).Motion carried. Alderman Canfield arrived. Bluhm moved, Solinger second to approve the Amendment of the current loan agreement with Microline Technologies Corporation to reflect the new ownership and controlling interest and to extend the repayment schedule one year. After Council discussion Hunziker moved, Canfield second to amend the motion to add the interest rate to be added at the end of the loan. This interest rate will not be added at the beginning of this agreement but extended one year to incorporate`this money. Upon roll call vote, Aldermen Bluhm, McCohnel),Solinger and President Selby voted nay., Aldermen Hunziker �Ca.nfiel-d; and Strain voted aye. Ayes (3),.Motion did not carry. The original motion was voted on... Ayes (6), Nays (1). Alderman Strain voted nay. Motion carried. Discussion was held on the proposed naming of the Pedestrian_ Plaza on First St. S. W. between the Galleria and First Avenue S. W. After Council consideration, various suggestions was made and Strain moved, Hunziker second to table this and send it to the CUE Committee for a recommendation on a name. Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to instruct the City Attorney to prepare the appropriate amendments to the City's Sales and Use Tax Ordinance This is necessary when the State of Mn. changes the laws. Ayes (7), Nays (0).Motion carried. An Ordinance is being prepared. Strain moved, Solinger second to approve the following license and bonds: Request for a gambling( raffle ) to be held by the Rochester Civic Theatre, Mayo Park Dr. S. E. for Jan. 1, 1990. Raffle will be drawn on May 19, 1990. This is to help benefit the Theatre. Ayes (7), Nays (0).Motion carried. E-5 Strain moved, Bluhm second, to approve the Accounts Payable in the amount of $5,435,872.79. On file with the City Clerk. Ayes (7), Nays (0).Motion carried. I' RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO 3441 Regular Meeting No. 17 - December 4, 1989 Agenda Item E-6 Bluhm moved, McConnell second to set a hearing date for January 17, 1990 on the proposed Storm Drainage Utility. Ayes (7), Nays (0). Motion carried. E-7 Bluhm moved, McConnell second to adopt Resolution No. 670-89 orderinc the preparation of the assessment roll and set a hearing date for January 3 , 1990 on the Project 8910 J 9108 - Reconstruct Alleys in Blk bounded by 12th Avenue and 13th Avenue S.W. Center and 1st St. S. W. and in Block bounded by 2nd Avenue and 4th Avenue - 6th and 7th S7 N. W. in Slk bounded by lst and 2nd Avenue - 9th and loth St. N.E. Ayes (7), Nays (0).Motion carried. Res. 671-89 was also adopted. E-8 Strain moved, Hunziker second to adopt Resolution No. 672-89 and 673-89 declaring the costs to be assessed and ordering -a hearing for Jan. 3., 1990 on the Project 8306-88 J 9073 - San. Sewer and Watermain along the W. In of Sec. 10-106-14,..from the W Ln. of Baihly Hills Dr. in Baihly Woodland 7th Sub. to 150 Ft. S. of the NW corner of Sec. 10. Ayes (7), Nays (0).Motion carried. E-9 Solinger moved, Hunziker second to adopt Resolution No. 674-89 and 675-89 declaring the costs to be assessed and ordering a public hearing to be held on Jan. 3, 1990 on Project 6107788 - J 8993 - Construction of San. Sewer, Watermain and Service Connections into Oak Hills and Kleist's Replat. Ayes (7), Nays (0).Motion carried. E-10 Bluhm moved, Strain second to adopt Resolution No. 676-89 and 677- 89 declaring the costs to be assessed and ordering a public hearing to be held on January 3, 1990 on Project 8006 J 8729 - Water Tower and Trunkmain to serve the High Level S.W. District. Ayes (7), Nays (0).Motion carried. E-11 Canfield moved, McConnell second to adopt Resolution No. 678-89 and 679-89 declaring the costs to be assessed and ordering a public hearing for Jan. 3, 1990 on Project 8101 J 8752 - Trunkline San. Sewer alg S. Ln Sec. 14 and W. Ln. TH 63/ plus Watermain Crossing of TH 63. Ayes (7), Nays (0).Motion carried. E-12 Solinger moved, McConnell second to table the request for execution of the proposed consent order with the Co. and Mn. Pollution Control Agency. --Ayes (7), Nays (0).Motion carried. F-l' An Ordinance Annexing the Postier and Eggers Property at 37th St. and TH 63 North was given its second reading - Strain moved, Canfiel second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance desgination of certain parcels as being part of the Rural Service District was given its second reading. Bluhm . moved, Canfield second to adopt the Ordinance as read. Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. r"' - _. N° 3442 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3442 Agenda Item his page was not used. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - December 4, 1989 Agenda Item F-1 An Ordinance approving the Sales and Use Tax Amd. RCO Sections in 129 to conform to 1989 amendments to State Law was given its first reading. Solinger moved, Strain second to suspend the rules and give this ordinance a second reading. Upon Roll Call vote, Aldermen Bluhm, Canfield Hunziker, McConnell,Solinger,Strain and President Selby voted aye. Ayes (7), Nays (0).Motion carried. The Ordinance was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. G-1 JItems G-1 thru G-7 will be held at the evening session. G-8 Strain moved, Hunziker second to remove the Amendment of Engineering Contract for Extension of 5th Street N.W.-N.E. from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 680-89 approving the Supplemental Agreement No. 2 in the amount not to exceed $56,000.00. This is for City Project 6003-85 J 2214. Ayes (7), Nays (0).Motion carried. Having no further business Hunzikerinoved.,Strain second to adjourn the meeting until 7:30 P:M. Ayes (7), Nays (0).Motion carried. A-1 President Selby called the meeting to order at 7:30:P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. B-1 A Hearing on the Final Plat of Liberty Manor Townhomes Third Sub. Jeff Thiesus of 3031 15th Avenue S. W. was present and is the petitioner. He was present for any questions the Council may have. Having no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 681-89 approving the plat: Ayes.(7), Nays (0).Motion carried. B-2 A Hearing on the Final Plan for PUD 89-1 to be called Salem Sound Second. Having no one present that wished to be heard, This hearing was continued until December 18, 1989, upon motion by Hunziker and second by McConnell. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat of Salem Sound Second. Having no one present that wished to be heard, This:hearing will;be continued until the December 18, 1989 upon motion by Canfield and second by Strain. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Final _Plat of Wilshire Estates Fifth Sub. Having no one present that wished to be heard, this hearing will be continued upon motion by Hunziker and second by McConnell. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Final Plat to be known as Manor Woods West Fourth. Wishing to be heard was Jean Gobbin , Land Consultant and is present for any questions the Council may have. This hearing will be continued until December 18, 1989-upon motion by Bluhm and second by Canfield. Ayes (7), Nays (0).Motion carried. 344-1- Agenda Item G-1 G-2 G-3 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA _R'egular: Meeting No. 17 - December 4, 1989 Hunziker moved, McConnell second to remove the Parking Management Proposals from the table. Ayes (7), Nays (0).Motion carried. After discussion by the Council, Solinger moved, Strain second to approve the award of a three year contract for Parking Management to APCOA and authorize the Mayor and City Clerk to execute the agreement. Resolution No. 682-89 was adopted.Upon Roll call vote, Aldermen Canfield, Solinger, Strain and President Selby voted aye. Ayes (4), Aldermen Bluhm, McConnell and Hunziker voted nay. Nays (3). Motion carried. Bluhm moved, Hunziker second to remove the Preliminary Plat No. 89- 21 to be known as Bandel Hills Fourth from the table. Ayes (7), Nays (0).Motion carried. Canfield moved,Solinger second to approve the Preliminary Plat with the following conditions: 1: The plat be revised to correctly depict the width of 60th St. NW in this plat as 50'. The plat as drawn has 60th St. with a 60' Right-of-way. 2. A grading drainage and erosion control plan should be submitted for this plat. 3. The location and sizing of the storm sewer in 59th St. N. W. west of 26th Avenue should be approved by Public Services. The required drainage plan will show if storm sewer is needed. 4. Easements should be provided to the City, at the time of the owner contract for construction of the streets and utilities for all services that will be located outside the boundaries of the platted streets. 5. The City Traffic Eng. should look into the issue of a second access for. -this area other than only 25th Avenue N. W. A recommendation should be made by the Eng. as to when an additional access will be needed. 6. Wherein the Developer be required to request electrical service from the City and no one else on the condition that the Developer not request electrical service before May 1, 1990. The Agreement that the City will do whatever is necessary to be able to provide electrical service on.that date including the initiation of eminent domain if necessary. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to•remove the' Annexation by'.Ordinanc ;of R.H. Payne Co. ,of.-2-3:18 acres in Cascade and Haverhill Township. from the table. Ayes- (7.)., Nays' (0)'.Motion carr`ied:. Bluhm' moved,- Canfield se,:ond to instruct the, City Attorney to prepare an Ordinance annexation this property subject. -to -,the following.,'.. ,cond-i ti ons_ rl. Whe.rein-the-Developer- be-,req'u*ired to -:request electrical service from the City and n.o:;one else on:the condition; that- the.Developer 'not .request electrical s-ermice_ before May. 1; _19.90.—The Agreement that the City will • do 'whatever_ i.s 'necessary to "be . abl e to, prfvi de• t ; ,electrical_serv_ice on that date including the initiation of eminent domain if -necessary.. Ayes `( 7-) Nays ( 0)-:-1oti on • carri edi. = t 1 1 Agenda Item G-4 IG-5 G=6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA N? 3445 Regular Meeting No. 17- December 4, 1989 Hunziker moved, Strain second to remove the Preliminary Plat of Northern Heights East Sixth Sub. from the table. Ayes (7), Nays (0). Motion carried. Solinger moved, Hunziker second to approve the prelminary plat with the following conditions: 1. The grade of Northern Valley Dr. at 11% would require the granting of a subdivision design variance to maximum grade by City Council. 2. Five foot sidewalks will be required on Northern Valley Dr. If the plat proceeds as designed sidewalks would be required on Wilshir( Woods Land and alg Wilshire Lane westerly of Wilshire Woods Lane. 3. Provisions should be made for a temporary turnaround on the end of Northern Valley Drive. 4. A grading and drainage plan should be submitted for this plat. 5. The Dev. should make an official application for approval of a general dev. plan for this area before any,:future plats will be considered. 6. Wherein the Dev. be required to request electrical service from ti City and no one else on the condition that the Developer not request electrical service before May 1; 1990. The Agreement that the City will do whatever is necessary to be able to provide electrical service on that date including the initiation of eminent domain if necessary. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to remove the Prelimary Plat of North Park 5th Sub. from the table. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to approve the plat subject to the following: 1. A 8' wide bike path should be provided alg the n.side of 55th St. N. W. adjacent to the north side of this property. The Dev. should work with the Park Dept. and Public Services Dept. to determine the appropriate location for the bike path. 2. The Dev. should work with the City Eng. to ensure that the drainage pond is adequately designed to prevent flooding of adjacent p.rpperties. 3. W:herein the Dev. be required to request electrical service from the City and no one else on the condition that the Dev. not request electrical service before May 1, 1990. The Agreement that the City will do whatever is necessary to be able to provide electrical service on that date including the initiation of eminent domain if necessary. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to remove the Preliminary Plat of Viking Hills Fourth Sub from the table. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to approve the plat subject to the following conditions: 1. The water extension be installed under an owner contract. 2. That the Dev. agree to pay a water service availability charge of $4,400. for Viking Hills 5th Sub. 3. That the Dev. provide the necessary 20 foot wide utility easemen to the City for this project. 4. That the 20 Ft. wide utility easement between Lots 19 and 20 be increased to 25 ft. for the two utility lines. 5. Wherein the Dev. be required to request electrical service from RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL I�p 3446 CITY OF ROCHESTER, MINNESOTA NO Regular Meeting No. 17 - Dec. 4, 1989 Agenda Item G-6 G-7 F-1 the City and no one else on the condition that the Developer not request electrical service before May 1, 1990. The Agreement that t City will do whatever is necessary to be able to provide electrical service on that date including the initiation of eminent domain, if necessary. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to remove the Preliminary Plat of Viking Hills Fifth Sub. from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Bluhm second to approve the Prel.Plat sub. to the following conditions: 1. This plat should not proceed unless Viking Hills 4th proceeds. Viking Hills 4th provides street access, sewer and watermains to this site. 2. Sidewalks will be required by the City on Baird Lane because it has more than 20 homes on it. 3. Approvals should be required from the Water Dept. and Public Services that this plat can proceed with one low level water service. If approvals are not given the plat should be denied. 4. The utility easement between lots 19 and 20 should be widened to 25 feet as recommended by Public Services. 5. A drainage and grading plan should be submitted. 6. Outlot "A" be dedicated as street ROW. 7. Wherein the Dev. be required to request electrical service from the City and no one else on the conditions that the Developer not request electrical service before May 1, 1990 The Agreement that City will do whatever is necessary to be able to provide electrical service on that date including the initiation of eminent domain if necessary. Ayes (7), Nays (0).Motion carried. An Ordinance on the annexation of Northern Hills East Sub. was given its first reading. This is for a total of 23.18 acres in Cascade and Haverhill Township. Strain moved, Bluhm second to suspend the rules and give this a second reading. Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain and President Selby voted aye. Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Strain moved, Canfield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. The meeting was adjourned until December 11, 1989 at 4:30 P.M. he 3446