HomeMy WebLinkAbout12-18-1989RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
N°' ': 3448 CITY OF ROCHESTER, MINNESOTA N? 34"48
Adjourned Meeting No. 19 - December 18, 1989
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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.
Solinger moved, Bluhm second to approve the minutes of the December
4, 1989 meeting. Ayes (7), Nays (0).Motion carried.
A Hearing on the Final Plan for PUD 89-1 Salem Sound Second.
Wishing to be heard was David Marrell of-McGhie and Betts, Inc.
Eng. for the project and was present for any questions the Council
may have. He stated that the 8 conditions requested in the Final
Plat have been taken care of and urged the Council to approve this
plan. Having no one else present that wished to be heard, President
Selby closed the hearing. Strain moved, Bluhm second to adopt
Resolution No. 684-89 approving the plan. Ayes (7), Nays (0).Motion
carried.
A Hearing on the Final Plat 89-35 of Salem Sound Second Sub.
Having no one present that wished to be heard, President Selby
closed the hearing. Canfield moved, McConnell second to adopt
Resolution No. 685-89 approving the plat. Ayes (7), Nays (0).Motion
carried.
A Hearing on the proposed vacation of a 5 foot utility easement on thl
west edge of Lot 1, Blk 2, Wilshire Estates Addition. Having no
one present that wished to be heard, President Selby closed the
hearing. Bluhm moved, Strain second to adopt Resolution No. 686-89
approving the vacation with the following condition: The Developer
relocating the existing utilities at his own expense. Ayes (7),
Nays (0).Motion carried.
A Hearing on the Final Plat of Wilshire Estates Fifth Subdivision.
Having no one present that wished to be heard, President Selby
closed the hearing. McConnell moved, Canfield second to adopt
Resolution No. 687-89 approving the plat. Ayes (7), Nays (0).
Motion carried.
A Hearing on the Final Plat of Manor Woods Fourth Sub. Wishing to be
heard for any questions the Council may have was Jean Gaugen of Land
Surveyors. She stated that they took care of the conditions on the
plans,one being the drainage situation and the other being the
temporary turnaround being provided. These have been recorded in
the Co: Recorders office. Having no one else present that wished to
be heard, President Selby closed the hearing. Strain moved,
McConnell second to adopt Resolution No. 688-89 approving the plat.
Ayes (7), Nays (0). Motion carried.
A Hearing on the Final Plat of Viking Hills Fourth Sub. Wishing to
be heard was Bill Tointon of McGhie and Betts, Eng. representing the
owner. He agrees with the report submitted by the Planning Dept.
and urged the Council to approve this plat. Having no one else
present that wished to be heard, President Selby closed the hearing.
Solinger moved, McConnell second to adept Resolution No. 689-89
approving the plat. Ayes (7), Nasy (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 19 - DPcPmhPr 12, 1989
A Hearing on the Final Plat of Viking Hills Fifth Sub. Wishing to be
heard and urging the Council to approve this plat was Bill Tointon
of McGhie and Betts, Inc. who represents the owner. Having no one
else present that wished to be heard, President Selby closed the hear-
ing. Canfield moved, Strain second to adopt Resolution No. 690-
89 approving the plat. Ayes (7), Nays (0).Moti6n carried.
B-8 A Hearing on the Final Plat of Lincolnshire 4th Sub. Having no one
present that wished to be heard, President Selby closed the hearing.
Solinger moved, Bluhm second to adopt Resolution No. 691-89 approving
the plat. Ayes (7), Nays (0).Motion carried.
B-9 A Hearing on the Final Plat known as Bamber Corner Second Sub.
Wishing to be heard, Arnold Baumgaars of 820 loth Avenue S. W.
He is present for any questions the Council may have. Having no one
else present that wished to be heard, President Selby closed the hear-
ing. Solinger moved, Hunziker second to adopt Resolution No. 692-89
approving the plat subject to the three conditions:
1. a 4 foot wide concrete sidewalk in rquired along both sides of
ayowood Lane S. W.
2. The applicant should construct either a sidewalk or a bikepath
long both Mayowood Road S. W' and Bamber Valley Road S. W.
3. A $125 check is r_equiredfor the street name sign.
yes (7), Nays (0).Moti6n carried.
B-10 Hearing on the Final Plat to be known as Northern Heights East
th Sub. Wishing to be heard was Robert Valente of 1739 Northern
alley Dr. N. E. He had questions of Mr. Roger Plumb, Public Services
irector such as when a pumping station would be built, or when and
ho pays for a new one? He is new in the area and wanted this
xplained. Mr. Plumb explained the policy of the City.
'aving no,one.else present that wished to be heard, President Selby
losed the hearing. Bluhm moved, McConnell second to adopt
esolution No. 693-89 approving the plat with the following condition.:
1. The basic construction contract fori`mprovements in this sub.
include the improvemen.df No. Valley Dr. with any necessary temp.
turnaround to the west plat limits plus construction of sidewalk
adjacent to lots 16 and 17 of Blk 1, No: Heights E. 5th Sub. The
onstruction plans should show a 4"a wide sidewalk on Wilshire Woods
ane and Wilshire Lane and a 5' wide sidewalk on No. Valley Dr. N.E.
2. A grading and Drainage plan should be provided to the City before
he construction contract is granted.
. A general dev. plan application be made prior to any additional
lats being approved for this general area.
yes (7), Nays (0).Motion carried.
B-11 A Hearing on the Final Plat of Bandel Hills Fourth Sub. Wishing to
e heard was Craig Morton of 2516 58th St. N. W. He was concerned
bout the lack of parks in the area and wondered if anything was
being done. Wishing to be heard was Don Morgan of 6017 25th Avenue
N. W. and stated that land was being destroyed because of a drainage
problem in the area. He would like to have this looked into.
1 Toddie, Public Services Dept. stated that a drainage plan was
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 19 - December 18, 1989
in process. Also, Bandel Hills is not complete and won't be until
spring. Hopefully the area will be planted and the drainage problem
will be solved.
Mr. Morgan questioned who would take care of the maintenance of the
weeds in the plattedarea. He was informed by Planning Dept. that
all the territory would be someone who buys the property and they
would take care of cutting the grass.
Wishing to be heard was Dan Frissora of 2510 59th St. N. W. and
was concerned about the grading and the traffic that would be
generated. Mr. Jeff Ellerbush of the Planning Dept. stated that
a report of the traffic pattern in the area has been done.
Bill Tointon of McGhie and Betts, Inc. Eng, stated that a grading
plan was completed on Dec. 18 and it would be presented to the City
Eng.
Wishing to be heard was Tom Giodano of 2505 59th St. N. W. and
was concerned about the corner lot that he lives on. He was concerned
about erosion and what would happen if mud slid down on his lot.
Mr. Plumb informed him that this should be covered in the grading
report that Mr. Tointon would be giving to him. Having no one else
present that wished to be heard, President Selby closed the hearing.
Solinger moved, Canfield second to adopt Resolution No. 694-89
approving the plat subject to:the following conditions:
1. The Dev. sign the electrical service contract with the City
and 2. A complete erosion control grading and drainage plan be
submitted to the Public Services with the construction plans and all
necessary easements for utilities outside the boundary of the plat
be provided to Public Services before.an owner contract is issued.
It was noted by the Council that this has to be satisfactory
by the Public Services Dept. Ayes (7), Nays (0).Motion carried.
A Hearing on the Final Plat to be known as North Park 5th Sub.
Wishing to be heard was Scott Lampland of 1027 7th St. N. W.
and was present for any questions the Council may have. Having no
one else present to be heard, President Selby closed the hearing.
Hunziker moved, Bluhm second to:adopt Resolution No. 695-89 approving
the plat subject to the following three conditions:
1. an 8 foot wide bike path should be provided along the north side
of 55th St. N. W' adjacent to the No. side of this property. This
bike path should be located on the north side of the ditch.
2. The Dev. should work with the City Eng. to ensure that the
drainage pond is adequately designed to prevent flooding of adjacent
properties.
3. The Dev. must sign an agreement with the City for electrical ser-
vice.
4. That the lift station must be served by electric service from
two directions and that an automatic switch over gear and tele-
metering panel are required. This is necessary to ensure continuous
sewage service to the area. It is recommended that no building
permits be issued until the aforementioned facilities are installed.
Ayes (7), Nays (0).Motion carried.
B-13 A Hearing on the Proposed assessments on Project 6297-4-86 J 8961.
Basi c Constructi.on - i n 7th . Street N .W:' from Co. -Club Manor to "1430 .ft
West.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL /� f
CITY OF ROCHESTER, MINNESOTA 3 3
Adjourned Meeting No 19 - December 18,1989
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B-13 Wishing to, be heard.was Robert Patterson, Attorney on.behalf of
the owners - Johnson Drake and For b.mok and Assoc.
He,stated that they are against the assessments levied against
the detention pond area. This pond does not benefit them and the
area around this pond would be dedicated to the City. The amount of
assessment is approx. 522,000.00.. Since the pond is a service to
all the .subdivisions around, -Mr. .Patterson does not feel that the
assessment .is appropriate. Discussion was held by Mr. Patterson
and Mr Roger Plumb, Public Services Dir. as to who was benefitted
by this improvement and if the land was accepted by the City, then
who should be -paying the assessments. Alderman Hunziker stated that,,
: he agreed that no benefit would be borne by this property owner.
Alderman Strain stated that this pond was built in lieu of .an
expensive sewer system and..thus it,was cheaper for the owner to
pay for the assessment past the pond. Alderman Canfield was concern6
bout the safety factors if this was a gift to the City.
Mr. Plumb stated that this pond would empty quickly and normally
no safety hazard would exist.
Fred Suhler, City -Attorney questioned the feasibility report prepared
by Public Services and if this area was included to be assessed.
Roger Plumb stated that originally this area was not included to
be assessed.
It was noted by the Public Services Dept. that this frontage was
not included in the initial report. It was later revised to include
this area.
Wishing to be heard was Robert DeWitz of 602 llth Avenue N. W. and
is the Dev. of Diamond Ridge. This is a sub. on the adjacent area.
He stated that he has land that is near the area that is being
discussed and since that is the back -side of the already serviced
lots, he.would object to any further assessments going past his
property. Mr. DeWitz was informed that the back of his sub. was not
yet developed and that when it was, then it would front the area
of concern. Based on this hearing and questions yet unanswered,
Solinger moved, Hunziker second to continue this hearing until Jan.
17, 1990 ( Wed. ). NOTE: the hearing was not closed.
Ayes (7), Nays (0).Motion carried.
E-1 Solinger moved, Hunziker second to instruct the City Attorney to
prepare an Ordinance to allow 6:00 A.M. pick up in designated commer-
cial and industrial areas. Ayes (7), Nays (0).Motion carried.
E-2 Strain moved, McConnell second to adopt Resolution No 696-89
:recognizing the validity of the building permit to be issued under
the County approval process. The approval is conditioned upon the
property being developed in accordance with the conditions as set
forth by the County Planning Advisory Commission. Ayes (7), Nays (0).
Motion carried.
E-3 Solinger moved, Canfield second to instruct the City Attorney to
prepare an ordinance changing the street name from 21st St. N. E.
(as platted) to Ridge Cliff Lane N. E. Ayes (7), Nays (0).Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 19 - DecemhPr 18, 1989
Agenda
Item
E-4 anfield moved, Hunziker second to approve the Community Dev.
lock Grant re -appropriation as follows:
996 Contingency - reappropriate $1,585.96 into 1989
025 Site Acquisition $149,923.02 into 1989
025 Program Income S47,000 into 1989
otal S201,908.98. Ayes (7), Nays (0). Motion carried.
E-5 31uhm moved, McConnell second to approptiat S20,000 from the 1989
ontingency Account to the Rochester Civic Theatre for the purpose
f replacement of the lighting system. Alderman Solinger questioned
by the City should pay for this? Mr. Tom Lemke of 620 20th St. N. E.
as speaking on behalf of the Art Center and stated that they are
upgrading a 25 year old lighting system and the City owns the building.
Ayes (6), Nays (1). Alderman Solinger voted nay. Motion carried.
E-6 Strain moved, Canfield second to appropriate $25,000 from the 1989
ont. Acct. to the Rochester/Olmsted Community Housing Partnership.
yes (7), Nays (0).Motion carried.
E-7 Solinger moved, Hunziker second to approve the appropriation of
50,000 from the 1990 Contingency account to GRAUC ( Greater
Rochester Area University Center ) with the understanding the City
is not making any commitment to any continued annual funding.
yes (6), Nays (1).Alderman McConnell voted nay.
E-8 Strain moved, Hunziker second to approve the appropriation of $ 12 ,500.
from the 1990 Cont. Acct. for the purpose of partially funding the
Senior Citizens Center Nutrition Program. 'It is the intent of the
Council not to provide annual operating subsidies for the Senior
Citizens Center. Ayes (7), Nays (0).Motion carried.
E-9 Hunziker moved, Bluhm second to approve the selection of Benshoff
and Associates in the amount of $23,500. for a downtown parking
study. Alderman McConnell was not in favor of paying for this
study as he stated we have people within the City employment that
could do that. Ayes (6) , Nays (1). Alderman McConnell voted nay.
Motion carried.
E-10
Solinger moved, Canfield second to adopt the following resolutions
as approved by the Rochester Public Utility Board:
Resolution No. 697-89 approving a purchase order with Cannon
Technologies, Inc. for a load management system in the amount of
$143,977.00.
Resolution No. 698-89 approving a contract agreement with Superb
Building Maintenance for janitorial maintenance services in the
amount of S30,406.09.
Ayes (7), Nays 0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3453
Adjourned.Meeting No. 19 - December 18, 1989
Agenda
Item
E-11 Strain -moved, Canfield second to instruct the City Attorney to
prepare an ordinance prohibiting backing into a parking space
in the City of Rochester. Ayes (7), Nays (0).Motion carried.
E-12 Hunziker moved, Solinger second to approve the following licenses
and bonds:
Request for a Sunday On -Sale Intoxicating Liquor license from the
Veterans of Foreign Wars, Post 1215.16 6th St. S. W. Ayes (7),
Nays (0).Motion carried.
E-13.,' Hunziker moved, Canfield second to approve the transfer of the Off -
Sale Intoxicating Liquor license - McCauley and Rose Inc. DBA MGM
Liquor Warehouse to LAMA Corporation DBA MGM Liquor Warehouse.
-Ayes (7), Nays (0).Motion carried.
E-14. Bluhm.moved, Canfield second to approve the renewal of the franchise
agreement for Rochester City Lines Inc. and direct the City -
Attorney to prepare the ordinance for.adoption. Ayes (7), Nays (0).
Motion carried..
E-15 McConnell moved, Canfield second to approve the Accounts Payable
in the amount of $735,056.85. List on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
E-16 Solinger moved, Hunziker.second to adopt Resolution No. 699-89
approving the Police Benevolent Association Contract for -the years
1990,1991 and 1992. The. Mayor and City Clerk are authorized to
execute the said contract. Ayes (7), Nays (0).Motion carried.
E-17 Solinger moved, Strain second to adopt Resolution No. 700-89
transferring those parcels listed in Sections A and B from the
Rural Service District to the Urban Service District. Those
parcels are Plat 5185', Parcels 02302, 02701, 02702 and 02703.
Ayes (7), Nays .(0).Motion carried.
E-18 McConnell moved, Hunziker second to adopt Resolution No. 701-89
approving the adoption of the 1990 Cooperative Agreement with the
City of Rochester, Mn. Public Services.. Ayes (7), Nays (0).Motion
carried.
E-19 Canfield moved, McConnell second to adopt Resolution No. 702-89
setting a hearing date for a vacation of a utility easement located
in Blk 4 of the Original Plat cf;Rochester - New Soldiers Field
Hotel...Ayes (7), Nays (0).Motion carried.
E-20 Strain moved, Canfield second to approve the purchase of three
properties located between Elton Hills Drive and 37th St. N. W.
identified as Flood Control Parcels 7,51, 59 and 76 in the amount
of $12,000.00. Alderman Hunziker wondered what would become
of the land when it is acquired. Ron Halling, Public Services
ROW Agent stated that it would probably become a lake.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3454
Adjourned Meeting No. 19 - December 18, 1989
E-21 Bluhm moved, McConnell second to approve the purchase of property at
307 Third Avenue N. W. for 5th St. Extension project. This would be
in the amount of $11,000.00. Also approval is given to deed Mr.
Daryl Engelhardt the East 112 of Lot 4, when acquired and the
easterly 12.41 feet of the west 112 of Lots 3 and-4, Blk 57 Original
Plat to the City of Rochester. Ayes (7), Nays (0).Motion carried.
E-22 Strain moved, Hunziker second to adopt Resolution No. 703-89
approving and authorizing the execution of a contract with
Rochester City Lines for CY1990 Mass Transit Assistance.
Ayes (7), Nays (0).Motion carried.
E-23 Solinger moved, Bluhm second to adopt Resolution No. 704-89
approving and authorizing execution of the following contracts
for CY90 ZIPS Dial -A -Ride.
1. Rochester School Bus
2. Olmsted County
3. IDS 535 Community Education
4. RTS, Inc.
Ayes (7), Nays (0).Motion carried.
E-24 Canfield moved, Strain second to adopt Resolution No. 705-89 and
706-89 declaring the costs to be assessed and ordering a public
hearing on Project 6526-88 J 9014 Street Widening, Bituminous
Overlay, Concrete Curb and Gutter and Storm Sewer on 16th St. S. E.
from llth Ave. S. E. to approx 330 Feet East. The date of
hearing will be January 17, 1990. Ayes (7), Nays (0).Motion carried.
E-25 Bluhm moved, Solinger second to approve the purchase of 3,864 sq.
ft. in fee simple title and to purchase an additional 2,760 sq. ft.
in temporary easement for $5,500. of the property @ Winchester
Apartments for the 41st St. N. W. Widening Project. Ayes (7),
Nays (0).Motion'carried.
E-26 Hunziker moved, Canfield second to approve the purchase of a tempor-
ary easement rights for the property located at 4039 16th Avenue
N. W. for $2,350.00. Ayes (7), Nays (0).Motion carried.
E-27 Strain moved, Bluhm second to approve the purchase of 94 sq. ft in
fee simple title and to purchase an additional 155 sq. Ft. in
temporary easement for $572.16. This is a parking lot on Lot 6,
Blk 48, Original Plat for the 5th St. Extension Project.
Ayes (7), Nays (0).Motion carried.
E-28 Solinger moved, Bluhm second to approve the purchase of the Salvatioi
Army property ( Former Depot House ) and a vacant lot north of the
current American Legion building for the purpose of constructing the
5th St. Extension project. This is in the amount of $315,169.00.
Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Relating to salaries; establishing those of the Mayor,
Alderman at Large and Aldermen was given its first reading.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
f CITY OF ROCHESTER, MINNESOTA N� 3455
Adjourned Meeting No. 19 - December 18, 1989
Agenda
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An Ordinance Relating to Refuse Collection and Disposal; prohibiting
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the collection during certain days and hours; amending the RCO
Sec. 141.23 was given its first reading.
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An Ordinance Rezoning property to PUD-R-99 for Salem Sound Second
Sub. was given its first reading.
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An Ordinance Relating to .a Public Franchise to Rochester City Lines,
Inc. to operate a public regular route Bus Transit System on the
public streets of the City for a period through Dec. 31, 1994 was
given its first reading.
F-1
An Ordinance Relating to angle parking, amending Roch. Code of Ord.
Sec. 134.05 and Sec. 134.20 was given its first reading.
F-1
An Ordinance relating to street names, renaming 21st St. N. E.
platted in Northern Heights East Fourth Sub. and 5th Sub.
amending Roch.Code of Ord. Sec. 75.01 was given its first reading.
Strain moved, Bluhm 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 and the Ordinance was
given its second reading. Strain moved, Hunziker second to adopt
the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning to M-1 Light Ind. certain lands owned by
Arend on 7th St. N. W., north of the railroad ROW was given its
second reading. Strain moved, Hunziker second to adopt the
Ordinance as read. Ayes (7),Nays (0).Motion carried.
F-1 An Ordinance Annexing=:to the City of Rochester balance of lands
contained within the Willow Creek San. Sewer Dist. not presently
located within the municipal limits.
This was given a second reading. Solinger moved, Hunziker second
to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning to M-2 (Ind.) certain lands located in the
L.C.Industrial Park ( Mayoland'Crum property)was given its second
reading. Bluhm moved, Strain second to adopt the Ordi-nance as read,
Ayes (7), Nays (0)..Motion carried.
F-1 An Ordinance annexing 24.6 acres parcel of Rossi property south of
55th Street in Cascade Township (potential church site) was given
its second reading. Strain moved, Canfield second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
H-1 The topic of the rent for the parking lot contracted by the Radissor
Hotel was brought before the City Council. They owe the.'City of
Rochester up to $39,000. and the Council had to decide to remain
in the contract and attempt to collect the back money and have
the contract stay up-to-date or terminate the contract and let them
go on a cash basis - per month. Discussion was held by the Council
and Alderman Solinger stated that he fells it would'be•poor busines!
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
N° 3456
Agenda
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CITY OF ROCHESTER, MINNESOTA N? 3456
Adjourned Meeting No. 19 - December 18, 1989
if this contract was terminated at this time. He feels that this
should be continued for a while longer. David Rossman, Public
Services Traffic Dept. stated that they are on a cash basis at this
time. Stevan Kvenvold, City Adm. favored terminating the contract
and dealing with a cash basis. He stated.that we do not have a
written contract with the Kahler.The City of Rochester would also
not be following the contract if the Radisson did not fulfill their
obligation neither would the City . Alderman McConnell is against
cancelling the contract.
Doug Knott, Downtown Dev. Director stated that at the time of the
D5 Project, a contract was needed for the Radisson Hotel rather then
a "policy" in order for the loan agreements to be received.
Fred Suhler, City Attorney stated that we have given the Radisson
30 days notice of Breach of Contract and they have done nothing.
Having no more discussion, Hunziker moved, Canfield second to
terminate the contract as.it now stands and staff be given the
authority to carry this out and no contract be granted until
they have an agreement to pay the City the back bills they accumulate
on parking fees. Upon Roll call vote, Aldermen Bluhm, Canfield,
Hunziker and Strain voted aye. Ayes (4), Aldermen McConnell, Solinge
and President Selby voted nay. Nays (3). Motion carried.
Having no further business, Bluhm moved, Canfield second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information -
Committee of the Whole minutes of Dec. 4, 1989.
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