HomeMy WebLinkAbout02-05-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA N? 3471
Regular Meeting No. 23 - February 5, 1990
Agenda
Item
A-1 President Selby called the meeting to order at 2:00 P.M., the follo
ing 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 January
17 and 22, 1990 meetings. Ayes (7), Nays (0).Motion carried.
E-1 Solinger moved, Bluhm second to approve the request for issuance
of -a revocable permit to the Riverside owners to remove 6 feet of
sidewalk and to construct parking subject to the following conditions
1. That the City reserve the right to block off the parking spaces
in the 6 foot area if necessary during certain operations by the
Corps contractor in this area and 2. It should be conditioned upon th
cars not overhanging the retaining wall. 3. Retention of the
right to reconstruct, repair, maintain or replace the wall for flood
control protection purposes is also included in the motion as a
condition. Ayes (7), Nays (0).Motion carried.
E-2
Strain moved, Solinger second.to adopt Resolution No. 54-90 establish
ing the maximum assessment rate for 1990 at $17.00 per assessable foo
for street reconstruction and $25.00 for street reconstruction and
curb and gutter. Ayes (7), Nays (0).Motion carried.
E-3 Strain moved, Solinger second to adopt Resolution No. 55-90 providing
authority to the City Attorney to initiate eminent domain proceedings
for the purpose of acquiring properties needed for the Civic Square
project. Ayes (7), Nays (0).Motion carried.
E-4 IBluhm moved, Solinger second to adopt the following resolutions
as approved by the Public Utility Board:
Resolution No. 56-90 approving a contract with Elcor Construction
Company for construction of Parkwood Hills Municipal Wellhouse # 32
in the amount of $87,650.00.
Resolution No. 57-90 transferring $350,000. from the City General
Fund to the Public Utility Electric Fund for the purchase of the Old
Line Garage by the City of Rochester. Ayes (7), Nays (0).Motion
carried.
E-5 Canfield moved,.Strain second to adopt the following licenses & bond
Request received from The Rochester Art Center, 320 East Center St.
to hold an Auction on Feb. 24, 1990 at the Kahler Hotel Windsor
and Heritage Halls from 6 to 11:30 P.M. for the Whole Earth Auction.
Request received from Feder Plumbing of Madelia, Mn. for a Master
Plumber's License for a period ending Dec. 31, 199Q.
Request received from Jack Pelowski of Dover Mn. for a.Sewer and
Drain License for a period ending Dec. 31, 1990.
Request received from Tom Thompson, Sylvander Heating, Inc. of Red
Wing, Mn. for a Heating Contractor's and Master Installer license
for a period ending Dec. 31, 1990.
Request received from Burton Onofrio of Rochester for an Auctioneer'
License for a period ending Dec. 31, 1990.
The following are renewal licenses:
RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
N? 3472 CITY OF ROCHESTER, MINNESOTA No 3472
Regular Meeting No. 23 - February 5, 1990
Agenda
Item
E-5 RENEWAL LICENSES - Auctioneer (1), Heating Contractor (2),
Master Installer (2), Master Plumber, Sewer and Drain (2), Sidewalk -
Asphalt (2). Cement (1).
Ayes (7), Nays (0).Motion carried.
The request for a Limousine License ( White Glove ) was not considere
for renewal. Wishing to be heard was Duane Wilson of Box 398,Roch.Mn.
He stated that the reason for the insurance papers not being submitte
at this time was that he was in the process of changing companies and
they changed the due date to June instead of the required year -Jan.
to Dec.date as required by the City.
Fred Suhler, City Attorney stated that the only way a date of
insurance can be changed would be to amend the Ordinance and that
would take approx. 6 weeks before this can happen. Alderman McConnel
questioned all the other problems that Mr. Wilson has. Mr. Wilson
stated that if guidelines were made, then all the other companies
including himself should abide by them,.not just himself.
The Council did not consider his request for a Renewal Limousine
license at this time.
E-6 McConnell moved, Hunziker second to approve the request for a 3.2
On -Sale Beer license from John Michael Ajouri DBA Dixie Bar-B-Que
located at 838 South Broadway in the Soldier's Field Plaza.
Ayes (7), Nays (0).Motion carried.
E-7 Bluhm moved, Strain second to approve the following Miscellaneous
Activities:
Request from the American Cancer Society for Daffodil Days from
March 29 - March 31st. This will be held in front of the 3 downtown
banks and Mayo Clinic
Rquest from the Rochester Track Club for a Road running race on Feb.
10, 1990 from 9:30 to 10:20 A.M.
Request from Sasha Myhrom of 1012 4th St. S. E. to sell peanuts
from March 10 to 24th at the corner of 2nd St. and Broadway from 1
P.M. to 3 P.M. Fees will go to the Y Soccer Camp.
Ayes (7), Nays (0).Motion carried.
E-8 Solinger moved, Canfield second to approve the Accounts Payable in
the amount of $2,004,161.98 - list on file with the City Clerk.
Ayes (7), Nays (0).Motion carried.
E-9 Canfield moved, Hunziker second to adopt Resolution No. 58-90
accepting the low bid of $41,420.00 of Winkels Electric, Roch.Mn.
for installing capacitors at the Water Reclamation Plant for power
factor correction. Ayes (7), Nays (0).Motion carried.
E-10 Solinger moved, Canfield second to adopt Resolution No. 59-90
authorizing the City Clerk to advertise for bids for two dump
trucks for the Street and Alley Div. Bids are to be opened at
11:00 A.M. on Feb. 26. Ayes (7), Nays (0).Motion carried.
E-11 Strain moved, Canfield second to adopt Resolution No. 60-90 authorizi
the City Clerk to advertise for bids on a 4-wheel drive Suburban
type wagon for the Fire Dept. Bids to be opened at 11:00 A.M. on
Feb. 26, 1990. Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA NO
Regular Meeting No. 23 -February 5, 1990
Agenda
Item
E-12 Strain moved, Canfield second to adopt Resolution No. 61-90 approv-
ing the Metes and Bounds conveyance of unplatted land petitioned
by John R. Book on property located along the north side of 14th
St. N. W. between 8th Avenue N. W. and Pahama Ct. N.W. Ayes (7),
Nays (0).Motion carried.
E-13 Hunziker moved, Strain second to table the request for a General
Dev. Plan for the area known as Northern Heights East until the May
7, 1990 meeting. Ayes (7), Nays (0).Motion carried.
E-14 Solinger moved, Strain second to adopt Resolution No. 62-90 setting
a hearing date for March 5, 1990 on the vacation of a part of the
five foot utility easement lying north of the south line of Lot 2,
Block 1, Innsbruck Five. Ayes (7), Nays (0).Motion carried.
E-15 Hunziker moved, Canfield second to adopt Resolution No. 63-90
approving holding the State harmless for granting.a parking variance
on 6th Street S. W. and a street width of 32 feet with parking on one
side during non -peak hours. This is from 6th Avenue to loth Avenue
S. W. Ayes (7), Nays (0).Motion carried.
E-16 Strain moved, Hunziker second to adopt Resolution No. 64-90 authoriz-
ing the Mayor and City Clerk to approve an agreement with the
Commissioner of Transportation for reimbursement for Personal Compute
and Software that can be connected to the Mn/DOT office for
automating the construction adm. procedures. Cost of the equipment
is $7,864. with the State reimbursing the City 60% or $4,718.40.
Ayes (7), Nays (0).Motion carried.
E-17 Strain moved, Canfield second to
Para. 132.4 to Sec. B No Parking
6th St. S. W. on the north side
to loth Avenue between the hours
Nays (0).Motion carried.
adopt Resolution No. 65-90 adding
Zones as follows:
from 1/2 blk west of 4th Ave.
of 7 A.M. and 6 P.M. Ayes:(7),
E-18 Bluhm moved, Strain second to adopt Resolution No. 66-90 and 67-90
declaring the costs to be assessed and ordering a public hearing on
March 5, 1990 on Project 8901 J 9079 - San. Sewer Ext. and Subdrains
in Rocky Creek Dr. and No. Valley Dr. from Rocky Creek Sub. to No.
Heights East; and San. Sewer and Water Services in No. Hgts. East
5th. Ayes (7), Nays (0).Motion carried.
E-19 Bluhm moved, Canfield second to adopt Resolution No. 68-90 and 69-90
declaring the costs to be assessed and ordering a public hearing to
be held on Feb. 21, 1990 on Project 6001-89 J 9066 - Street Resurfac-
ing, Concrete Curb and Gutter, Storm Sewer, Catch Basins on Wilshire
Dr. N. E. from 14th Avenue N. E. to Wilshire Court. Ayes (7), Nays
(0).Motion carried.
E-20 Bluhm moved, Strain second to adopt Resolution No. 70-90 and 71-90
amending the paragraphs to Sec. B No Parking Zones as follows:
(204) 14th St. N. W. on both sides of the street from 100' east of
Valleyhigh Dr. west to the Railroad tracks at all times.
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RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA No 3474
Regular Meeting No. 23 - February 5, 1990
(249.5) Valleyhigh Drive on both sides both north and south of
14th St. N. W. at all times.
and
Authorizing the City Clerk to advertise for bids on a new traffic
signal. Bids to be opened.at 11:00 A.M. on Feb. 28, 1990.
Ayes (7), Nays (0).motion carried.
McConnell moved, Bluhm second to adopt Resolution No. 72-90 authorizing
the City Clerk to advertise for bids on Project 8608-0-89 J 9125
San. Sewer and Watermain in West Frontage Rd. CSAH No. 8, future Fox
Valley Dr. and in Baihly Heights 5th Sub. Bids to be opened at 11:00
A.M. on March 2, 1990. Ayes (7), Nays (0).Motion carried.
Solinger moved,, Canfield second to approve the request for Misc. Ye
End Payables Run 1-29-90 - in the amount of $303,006,85. List on
file with the City Clerk. Ayes (7), Nays (0).Motion carried.
Strain moved, Bluhm second to remove the Basic Construction in 7th
St. N. W. from Country Club Manor to 1430 Feet West from the table.
Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to
set a hearing date for February 21, 1990 on Froject 6207-4-86 J 8961
Basic Const. in 7th St. N. W. from Co. Club Manor to 1430 Ft. West.
Ayes (7), Nays (0).Motion carried. Resolution No. 73-90 and 74-90
was adopted.
An Ordinance Rezoning to M-1 Light Ind. properties south of 7th
St. N. W. and north of the RR , West of TH 52 was given its second
reading. Canfield moved, McConnell second to adopt the Ordinance
as read. Ayes (7), Nays (0).Motion carried.
An Ordinance amending the zoning code to permit a day care center
in industrial zones in certain circumstances. This was given its
second reading. Solinger moved, McConnell second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
An Ordinance adding an amendment to the Towing and Vehicle Impound
provisions; permitting the Common Council to establish maximum
rates by resolution. This was given its second reading. Solinger
moved, Strain second to adopt the Ordinance as read. Ayes (7),
Nays (0).Motion carried.
An Ordinance Repealing Ordinance 2643, prevously granting an
electric utility franchise to People's Cooperative Powers Assoc.
Inc. was given its second reading. Hunziker moved, Canfield second
to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
An Ordinance extending the Limousine Franchises: Rochester Trans-
portation Systems, Inc.; Continental Limousine Service; Gold Crown
Limousine. This was given its second reading. Bluhm moved,
Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
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RECORD OF. OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3475
Regular Meeting No. 23 - February 5, 1990
Having no further business, Solinger moved, Canfield 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 Proposed Assessments on Sidewalk Replacement
Project No. 2-1988 J 9039. Harold DeVries, Sidewalk Inspector
was present and presented the areas that are proposed to be
assessed. He was also present for any questions. Having no one
else present that wished to be heard, President Selby closed the
hearing. Canfield moved, Bluhm second to adopt Resolution No.
75-90 accepting the assessments. Ayes (7), Nays (0).Motion carried.
B-2 A Hearing on the Land Use Plan Amendment from the Low Density
Residential to Medium Density Res. and Commercial on property along
Viola Road and Circle Drive. Having no one present that wished to
be heard, President Selby did NOT close the.hear.ing. .Solinger
moved, McConnell second to continue this hearing on May 7, 1990.
Ayes (7), Nays (0).Motion carried.
B-3 A Hearing on the Petition to vacate a portion of platted drainage
easement on Lot 6, Blk 5, Northern Heights East Fourth Sub.
Having no one present that wished to be heard, President Selby
closed the hearing. Bluhm moved, McConnell second to adopt
Resolution No. 76-90 approving the vacation. Ayes (7), Nays (0).
Motion carried.
B-4 A Hearing on the Zone Change from R-1 to R-2 on a Duplex located
at 1924 1st St. N. W. Randy-Clopp owner. Wishing to be heard
was Robert Reynolds, who represented the owner. He stated that
nothing will be changed except to install a stove on the second
floor and at that time he was told he would need a permit. He
was unaware of this and did not realize that the house was not
located in the correct zone. Based on this, he urged the Council
to grant this change. Having no one else present that wished to
be heard, President Selby closed the hearing. Solinger moved,
Hunziker second to deny the request. Ayes (7), Nays (0).Motion
carried.
B-5
A Hearing on the City Planning and Zoning Commission initiated
zone change for certain properties located within the annexed
Willow Creek Sewer District from R-1 to M-4, M-2 and R-2.
Wishing to be heard was Jeanette Bredeson of 5425 Hwy 63 South
and was concerned about the zoning of her agriculture property
in the area. She was informed that this part of the change ( agr.)
was not considered at this meeting but would be at a later time.
She would be informed then and could be heard at that time.
Having no one else present that wished to be heard, President Selby
closed the hearing. Bluhm moved, Strain second to proceed and inst•
ruct the City Attorney to prepare an ordinance for adoption. Ayes
(7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON
N? 3476 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 23 - Feb. 5, 1990
Agenda
Item
COUNCIL
N° 3476
A Hearing on the Concept Planned Unit Development to be called
Teton Court.
Wishing to be heard was B ill Tointon of McGhie and Betts, Eng.
representing the owners - Randy Reynolds. He stated that the PUD
would include 15 single family homes - note: the area would allow
15 single family homes anyway, - but going the route of PUD would
allow them a different control and they can use a private street
design. The Planning Staff recommends the PUD approach.
David Morrill, Rochester, Mn. also of McGhie and Betts presented
visual aids of the area including the plan for drainage and where
the outlets would be installed. He also went over the plan for
ground erosion control. Mr. Morrill stated that with the plan
as presented being approved, the water runoff should be better
then it is at the present time.
Wishing to be heard was Mark Burgert of 1505 13th Avenue N. E.
He stated that the development is to large for the area ( hillside)
and he is concerned about the erosion and in not in favor of the
project.
Wishing to be heard was Joe Postier of 1704 Teton Lane and stated
that the -area has unengineered fill and besides the trees that were
dumped in the area, and the rocks, water is stading in the area.
He stated that there would be a magn.tude of traffic in the intersec
tion leading into this PUD and.the entrance is not good.
David Rossman, Public Services Dept. Traffic Eng. stated that
the intersection leading into the PUD has been studied and it will
work out. well.
1Jfishing ao-_be:;-heard _was F:1 orence; Sandock of 151,6`'l3th- Avenue N.. E -
and•-is�opposed'... She stated that"* in depth studies_ should.. be made
of the-ar.ea: In 1978 this project was proposed and"it was voted
down. Now the same project is before the Council and as far as
she can determine only the road placement has been changed. She
presented photos of the area during a rain storm and it was flooded.
She stated that the storm pipes will not be able to hold the dirt
water, rocks and silt that will be always eroding thru the area.
She and the neighbors want an environmental impact statement and more
study on the area.
Having no one else present that wished to be heard, President Selby
closed the hearing. After Council discussion, Solinger moved,
Strain second to accept the concept statement with the following
conditions:
1. •A complete drainage plan be submitted taking into account the
recommendations from Public Services that storm sewer pipe should
be used in the design picking up the runoff from the Teton Lane
catch basins and the Wilshire Estates 4th detention pond runoff.
The drainage design should not overtax the downstream drainage areas
2. A complete subsurface analysis should be provided for the
suspect fill area. This analysis should contain a development plan
and design to protect all public and private utilities, private
roadways and building construction areas from harm that may be cause(
by the unengineered fill on the site. The specific building
locations should be identified on Lots 1-5 where suspect fill
has been placed. A construction plan for the homes on these lots
should be provided that is satisfactory to the Building and Safety
Dept.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3477
Regular Meeting No. 23 - February 5, 1990
plan
3. A complete grading and erosion control/be submitted for the sub.
The erosion control plan should be certified by an Eng. or hydrologist
that deposition of sediment will not occur on adjacent properties. I
should contain a detailed explanation of when and how the erosion
control measures will be implemented. The grading plan should also
clearly indicate which portions of the site will not be disturbed
due to construction.
4. Plan and profile sheets should be provided for the private
streets in the plan similar to those required for a preliminary
plat of a public street. This is especially important in this
area of steeply sloping terrain. Private Street grades should
follow public design standards.
5. The landscape plan should identify all existing trees on the
site that will be saved.
6. The project should provide for high level water service to the
adjacent Peterson property and be designed to meet all other commetn
from the Water Dept. in their attached memo of 12-28-89.
7. The specific comments of the Public Services Dept. expressed in
Comment 2 of their 12-26-89 memo should be incorporated into the
preliminary plan. These have to do with driveway approaches,
sidewalks and pro-ject stop signs.
8. The developer provide and acquire all necessary off -site easement
needed of the project. Drainage easements will be needed from the
adjacent owner to the west whose land lies between this project
and 13th Avenue N. E.
9. That future conditions may be added in the preliminary stage of
this project.
10. Include a soil erosion study before and during construction.
Ayes (7), Nays (0).Motion carried.
Strain moved, Canfield second to remove the Amendment to the General
Dev. Plan for Western and Cimarron Sub.. area from the table.
Ayes (7), Nays (0).Motion carried.
Wishing to be heard and wish consent of the Council, Pat Clark of
1925 44th St. N.W. brought in a petition with 129 signatures
on taken from the nearby area in favor of the parking becoming
larger. He said there is no place for the.children to play and
this is necessary.
Wishing to be heard was Donna Coughlin of 2070 49 1/2 Lane N. W.
she lives of the west of the park and is in favor of leaving it
the size it is at present. She said that she knows neighbors who
want it left alone too.
Alderman Bluhm asked Roy Sutherland " Who controls the use of the
Parks". Mr. Sutherland stated that they do, but in regular play
practice for neighborhood games, the Park Dept. does not control
that.
Wishing to be heard was Bob DeWitz, Developer. 'He stated
that the people do not want the park enlarged at this time.
Alderman McConnell stated that he called on a large number of people
and they all indicated to him that the park should be enlarged.
Alderman Solinger stated that this area came under the old Gen.
Dev. Plan whereby it called for a small park and Dev. came in with
alternate proposals and he believes this should be included and the
park left the size it is.
No -3478
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA No - 3478
Regular Meeting No. 23 - Feb. 5, 1990
G-2 Having no further discussion, Hunziker moved, McConnell second to
adopt the plan and accept the three lots for parkland. Upon roll
call vote, Aldermen Canfield, Hunziker, McConnell and President
Selby voted aye. Ayes (4), Aldermen Bluhm, Solinger and Strain
voted nay. Nays (3). Motion carried.
Discussion was held on the length of the street. Alderman Bluhm
does not think the street is to long and Alderman McConnell does
not think so either.
Use of a walkway was discussed and a 60' walkway was suggested
as a means of access to the park.
Fred Suhler, City Attorney questioned the Council on the wisdom of
this. He stated that the Council has not accepted another walkway
in any other part of town and he can't imagine why they would be
in favor of this.
Strain moved, McConnell second to leave the street the way it i-s.
Upon roll call vote, Aldermen Bluhm, McConnell, Solinger and
Strain voted aye. Ayes (4), Aldermen Canfield and Hunziker and
President Selby voted nay. Nays (3). Motion carried.
Strain moved, Hunziker second to approve the developer provide a
drainage study for the Flood plains of Kings Run to be completed and
provided to the City before a Final Plat is submitted.
Ayes (7), Nays (0).Motion carried.
G-3 McConnell moved, Hunziker second.to remove the Preliminary Plat
of Cimarron llth Sub. from the table. Ayes (7), Nays (0).Motion
carried.
Hunziker moved, Strain second to approve the plat subject to the
following:
1. The section north -south avenue between 50th and 51st Streets
presently shown as 19 1/2 Avenue Lane should be 19 1/2 Avenue.
2. A complete drainage study for this plat should be provided
before the final plat is considered. This should address the 100
year frequency stormwater height in Kings Run north of this plat.
The north part of this plat lies in the floodplain as delineated
by alluvial water deposited soils. This is not treated as floodplain
for zoning purposes under the City Zoning Code, but it still has
urban flooding ramifications.
3. The engineer for the project should identify any private water
wells on the property.
4. The additional parkland requested by Park and Rec. adjacent to the
Neighborhood park on 49 1/2 Street should be provided.
5. The developer should provide all easements to the City needed acrc
lands to the north for the storm sewer outlots and the san. sewer
lines.
6. The 10' utility easement of the 20th Avenue Lane N. W. cul-de-sac
should be increased to 16' and the drainage/sewer main easement
area off the end of 19 1/2 Avenue Lane should be 20'
7. The access to the properties to the north of this plat be limited
to provisions for future pedestrian connection and access to the
King's Run Park area.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3479
Regular Meeting No. 23 - February 5, 1990 '
Strain moved, Canfield second to adopt Resolution No..77-90
supporting the City of Lake City in their venture to secure
State approval for Hydroplane Races to be held in Lake City.
Ayes (7), Nays (0).Motion carried.
An Ordinance Rezoning property to B-4 General Business - and R-2
in the area newly annexed in the Willow Creek Sub. This was given
its first reading.
Solinger moved, McConnell second to approve the request for a renewal
license submitted by Duane Wilson - White Glove Limousine. He sub-
mitted his insurance papers with the proper dates on to the City.
Ayes (7), Nays (0).Motion carried. The City Attorney was instructed
to investigate the Franchise operations.
Having no further business, Bluhm moved, Canfield secondto adjourn
the meeting. Ayes (7), Nays (0).Motion carried.
City Clerk