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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
NO. 3494 CITY OF ROCHESTER, MINNESOTA N? 3494
Adjourned Meeting No. 27 - March 19, 1990
Agenda
Item
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 ( 7:40 P.M.Arrived) McConnell, Solinger and
Strain. Absent: None. -
Canfield moved, Bluhm second to adopt the minutes of the March
5, and 7, 1990 meetings. Ayes (6), Nays (0).Motion carried.
B-1 A Hearing Application on the A lication for Federal Transit Assistance.
Having no one present that wished to be heard, President Selby
closed the hearing. Strain moved, Solinger second to adopt Resolut-
ion No. 11.8A-9.0 authorizing the filing of an application for Federal
Transit Assistance and the execution of a contract with the Urban
Mass Transportation Administration. The total amount of cost
sharing is $1,522,443.00. Ayes (6),Nays (0).Motion carried.
B-2 A Hearing on the vacation of the portion of a 10 foot utility
easement located on the east side of Lot 2, Blk 2, River Court
Second Sub. ( Sherman and Elizabeth Stoflet ). Wishing to be heard
was Elizabeth Stoflet of Route # 2 Kasson, Mn. She urged the Council
to approve this. She stated that they would still have over 17 feet
of easement left if the 3' she asked for was granted. They need
this easement in order to get clear title of the property.
Having no one else present that wished to be heard, President Selby
closed the hearing. McConnell moved, Canfield second to adopt
Resolution No. 119A-9.0 approving the three foot easement but just
where the structure ( chimney ) is encroaching the easement.
Ayes (6), Nays (0).Motion carried. With the three foot easement,
they will have 17 + feet left over by the chimney and 20 feet on
the remaining.
B-3 A Hearing on the Proposed assessments on the following project -
6301-1-88 J 9027 - Street Reconstruction on 1st Avenue N. E. from
5th Street to 6th Street N. E. Having no one present that wished
to be heard, President Selby closed the hearing. Bluhm moved,
McConnell second to adopt Resolution No. 120A-90 accepting the
assessments. Ayes (6), Nays (0).Motion carried.
Alderman Hunziker arrived - 7:40 P.M.
B-4 A Hearing on the Final Plat of Diamond Ridge Two. Wishing to be
heard was Julie Leitzen of 602 llth Avenue N. W. and urged the
Council to approve this. Alderman Solinger questioned the Planning
Dept. on the correct zoning of the land dedicated for Parkland.
He was told it is R-3 on the east side of the plat. Julie Leitzen
assured the City that a cash payment in lieu of the parkland is
acceptable. They would be using the lots for duplexes. The cash
payment would be determined by fair market value for this property.
Mr. Fred Suhler, City Attorney stated that a letter assuring the
Council that the above would be done would be acceptable by the
City. Having no one else present that wished to be heard, President
Selby closed the hearing. Solinger moved, Bluhm second to adopt
Resolution No. 121A=90approving the plat subject to a letter being
submitted by the developer on the payment: Ayes (7), Nays (0).Motior
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA No 3495
Adjourned Meeting No. 27- March 19, 1990
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Agenda
Item
B-5 A Hearing on the Final Plat of Cimarron 12th Sub.
Wising to be heard was Julie Leitzen of 602 llth Avenue N. W. and
was present for any questions the Council may have.
Solinge.r moved, McConnell second to continue the hearing until the
April 2, 1990 meeting. THE HEARING WAS NOT CLOSED. Ayes (7),
Nays (0).Motion carried.
E-1 Bluhm moved, McConnell second to declare April 7-14, 1990 as
Community Development Week and to express its support to Congress
for continued funding for the Community Development Block Grant
program. Ayes (7), Nays (0).Motion carried.
E-2 Bluhm moved, Strain second to approve the three traffic safety
improvements at the 3rd Avenue and 20th Street S. E. intersection
and instruct the Public Services and Police Dept. staff to undertake
the remaining three following actions:
1. Remove parking on the N. approach to.the intersection ( both side!
of 3rd Avenue for 100')
2. Remove parking on the east approach to the corner (50')
3. Add one street light on the northwest corner.
Ayes (7); Nays (0).Motion carried.
E_3 •Solinger moved, Bluhm second to adopt the following resolutions as
approved by the Rochester Public Utility Board:
Resolution No. 122A .90 approvi ng the purchase order with Buremeister
Electric Co. for transformers in the amount of $75,633.00.
Resolution No. 123-90 approving a purchase order with Lanick and
Liljegren Company for distribution transformers in the amount of
$88,367.00.
Resolution No. 124-90 approving a purchase order agreement with
Westinghouse Electric Supply Co. for distribution transformers
in the amount of $115,595.00.
Resolution No. 125-90 approving a purchase order agreement with
Graybar Electric for wire and cable - amount includes contingency
for a total of $59,294.68.
Resolution No. 126-90 approving a purchase order with Westinghouse
Supply Co. for furnishing wire and cable - in an amount including
contingency of $78,593.63.
Resolution No. 128-90 approving a contract agreement with Odland
Protective Coatings, Inc. for renovation of St. Mary's 1.5.million
gallon water storage reservior in the amount of $306,080.00.
Resolution No. 127-90 approving a purchase order agreement with
Ditch Witch of Mn. Inc. for tractor trencher in the amount of
$47,762.00.
RECORD OF
OFFICIAL PROCEEDINGS
OF
THE COMMON
COUNCIL
N° 3496 Adjourned
CITY
Meeting
OF ROCHESTER,
No. 27 - March
MINNESOTA
19, 1990
N? 3496
Agenda
Item
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Resolution No. 129-90 approving a purchase order agreement with
Thein Well Co. for furnishing and installing a line shaft turbine
pumping unit at Parkwood Hills Well 32 in the amount of $27,955.00.
Resolution No. 130-90 approving a purchase order for wire and cable
with Border States Electric Supply in the amount.of $25,972.10.
Resolution No. 131-90 approving a purchase order agreement with
Lee -Noonan Co. for distribution transformers in the amount of
$20,644.00.
Resolution No. 132-90 approving a purchase order agreement with
Graybar Electric for distribution transformers in the amount of
428,224.00.
Ayes (7), Nays (0).Motion carried.
Bluhm moved, McConnell second to adopt Resolution No. 133-90
authorizing the Mayor and the City Clerk to execute the documents
on behalf of the City of Rochester to apply for an alarm and commun-
ications contractor's license from the State of Mn. ( This is with
the Fire Dept. ). Ayes (7), Nays (0).Motion carried.
Canfield moved, Hunziker second to approve the following licenses
& bonds:
Request received for Construction of Cement Sidewalks, Curb and
Gutters and Driveways from: Richard Hanson, Hanson Concrete of
Rochester and Gary A. Lurken, Rite -Way Masonry, Route 1 Claremont.
Request for a Sewer and Drain License received from Underground
Construction Inc. of Rochester and Larry Severson, Severson Construct
of Hayfield.
Request for a Master Installer's License received from Harold L. Bau(
of Woodbury, Mn.
Request for a Sign Erectors and Maintenance license from James
D. Patterson, City Sign and Awning, Inc..
Request received from The Eagles Aerie 2228 of Rochester for an
Annual Gambling License from May, 1990 thru May 1991.
Request received from St. Pius X Catholic Church for a dance permit
for the annual fundraiser on May 5, 1990.
Request received from Rochester Ducks Unlimited for a raffle on
April 5, 1990 at the Radisson Hotel.
Ayes (7), Nays (0).Motion carried.
ion
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA NO
Adjourned Meeting No. 27 - March 19, 1990
Canfield moved, Bluhm second to approve the request for a
transfer of the Off -Sale Liquor License from Daly Liquor Inc. to
Sullivan's Downtown Liquor, Inc. to be located on the north side
(facing West Center Street ) of the Kahler Hotel.
Alderman McConnell questioned Mr. Mike Sullivan of Sullivan's
Inc. - 2507 24th Avenue N. W. on why he did not come ,to the City
before he purchased this license. Mr. Sullivan stated that he
he wanted to be sure that he had a license and that the license
remaining with the City might not be easy to get.
Ayes•(6), Nays (1).Motion carried.Alderman McConnell voted nay.
Solinger moved, Hunziker second to approve the Accounts Payable
in the amount of $762,754.06. List on file with the City Clerk:.
Ayes (7), Nays (0).Motion carried.
Strain moved, Hunziker second to adopt Resolution No. 134-90
approving the Contingency Transfers - 1989 for a total appropriation
of $272,735.51. Ayes (7), Nays (0).Motion carried.
Strain moved, Hunziker second to adopt Resolution No. 135-90
awarding the low bid submitted by Flexible Pipe Tool Company
for $58,175.00 for..a high velocity sewer cleaner-. for the Sewer
Collector Dept. Ayes (7), Nays (0).Motion carried.
Canfield moved, Strain second to adopt Resolution No. 1.36-90
accepting the low bid of $39,685.00 for a Backhoe loader to St.
Joseph Equipment. Ayes (7), Nays (0).Motion carried.
Bluhm moved, McConnell second to reject the bid for a chassis/street
flusher and rebid this at a later date. Ayes (7), Nays (0).Motion
carried.An error was found in the specifications.
Bluhm moved, Strain second to adopt--Resolution=No..1`37-90 approving
the contract . 1-990-1991 . wi th' I,UOE-- # 70 wi th the Water -Recl amati on
Plant as. -follows: 4.50%for- 1990- and 4.00% increase for" 1991
Ayes (7), Nays (0).Motion-carried. !
Strain moved, McConnell second to approve the petition to annex by
Ordinance land south of Essex Park —This -is 73.39 acres of vacant
land and is .located on the north side of 41st St. N. W. easterly
of 13th Avenue N. W. and west of Roy Watson Field. The City
Attorney is instructed to prepare an ordinance for adoption.
Ayes (7), Nays (0).Motion carried.
`B,l uhm moved; McCon'nel ll- s-ecoad the 'amended•. moti-on to. approve the Prel
Plat to.. be .call.6d-.Mayowood Crmmo.rr--C6ndi ti,on � No. 2 i s .amended to ' rea
',Si-dewaTk : be,:i ncl uded i n -:the_ .i-nter.i or �of the development. i n 1 i eu of
a sidewalk along-Mayowood Road
1. Submission of a drainage study or at least design parameters
for drainage control that is acceptable with the Public Services Dept
3497
2. Approval of the submitted pedestrian walkway -sidewalk plan as
shown by the applicant with the addition of a required public
( See amendment listed above.)
N° 3198
Agenda
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RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY .OF ROCHESTER, MINNESOTA N9 3498
Adjourned Meeting No. 27 - March 19, 1990
sidewalk along Mayowood Road S.W. where it abuts this plat.
3. The ownership of OUtlot A for park purposes should be decided
by the Council and Park and Rec. The dev. indicated to the Commission
his general intent was to proceed in the direction laid out
in the 2-22-90 letter from Roy Sutherland, but that discussion was
still going on. If the park ends up being private, then a homeowners
assoc. or private covenant should be set up to.own and manage the pr p.
4. The Council thru the Public Services Dept. should evaluate the
future feasiblity of providing sewer and water serviceLto the exist.
homes on the south side of Mayowood Hills Dr. lcoation just to the
south of this plat.
5. A written statement on the status of any wells on the property
should be provided.
6. Access control should be shown on the final plat along the lots
abutting Mayowood Road S. W. (C.R.125) since no driveways will be
permitted onto Mayowood Road.
7. A plan for the removal and replacement of any existing natural
gas service lines located on the plat should be provided and
agreed to by People's Natural Gas.
8. The utility easement out of Magdalana Lane to Mayowood Rd.
should be increased to 20 feet in width.
9. Streets connecting to Mayowood Road and 28th Ve. should have
urban section width brought all the way out to the shoulder of the
road. New culverts should beins.tal'led under the roads and extended
to the full width of the grading.
Ayes (7), Nays (0).Motion carried.
Solinger moved, McConnell second to approve the Preliminary Plat
of Foxcroft North subject to the following conditions:
1. The developers provide a written statement concerning abandoned
wells on the property.
2. The drainage easement on Lot 6 should be sodded where soil is
disturbed and rip -rap should be installed at the storm sewer outlet.
3. The easement between Lots 6 and 7 of the plat should be increased
in width to 20 feet ( 10 feet on either -side of corner lot line ).
4. Updated drainage study information should be provided to
Public Services.
5. Outstanding Account with the City should be paid.
Ayes (7), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA N? 3499
Adjourned Meeting No. 27 - March 19, 1990
Agenda
Item
E-16 Strain moved, Bluhm second to table the 1990 Parking Rate Changes
( Revised 3-13-90 to the April 2, 1990 meeting.) Ayes (7), Nays (0).
Motion carried.
E-17 Bluhm moved, Strain second to adopt Resolution No. 138-90 and 139-
90 ordering a feasibility report and a public hearing to be held on
April 16, 1990 on Project No. 6311-4-89 J 9132- Street Widening
Reconstruction and Resurfacing on llth Avenue N. W. from 12th
Street N. W. to approx. 300 Feet South of the Centerline of 19th
Street N. W. Ayes (7),Nays (0).Motion carried.
E-18 Soiinger moved, Hunziker second to approve the two driveways approx.
60 ft. in width at the sidewalk sub. to the pbulic sidewalks extend-
ing thru the driveways rather then ramping down as shown on the plans.
Ayes (7), Nays (0).Motion carried.
E-19 McConnell moved, Strain second to adopt Resolution No. 140-90
setting a public hearing for April 16, 1990 on the request for
input on ZIPS policies and guidelines. Ayes (7), Nays (0).Motion
carried.
E-20 Solinger moved, Hunziker second to adopt Resolution No. 141-90
authorizing the City Clerk to advertise for bids to be opened at
11:00 A.M. on May 2, 1990 on Project 6206-3-89 J 9067 - Reconstruct
and Widen 6th Street S. W. from 4th Avenue S. W. to loth Avenue S.W.
Ayes (7), Nays (0).Motion carried. This resolution also allows the
project to be made.
E-21 Strain moved, Hunziker second to adopt Resolution No. 142-90
ordering the project to be made and authorize the City Clerk to
advertise for bids on Project No. 8414-89 J 9111 - New Sidewalk
Project for Willow Heights Dr. S. W. Bids to be opened at 11:00
A.M. on April 11, 1990. Ayes (7), Nays (0).Motion carried.
E-22 Strain moved, Canfield second to adopt Resolution No. 143-90
ordering the project to be made and authorize the City Clerk to
advertise for bids on Sidewalk -Replacement Project No. 2-1989
J 9039. Hearing to be held on'April.16, 1990. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance Relating to Annexation of a portion of the West half
of the West half of Sec. 14 and a part of the E 120 acres of
Sec. 15 - T 107N R14W ( part of Essex park ) was given its first
reading.
F-1 An Ordinance on the Amendment to Sales and Use Tax Ordinance; prov.
for the dedication of proceeds for flood control purposes was given
its second reading. Bluhm moved, Strain second to adopt the Ordinan e
as read. Ayes (7),.Nays (0).Motion carried.
F-1 An Ordinance on the Rezoning to B-la; Motor Mart site on 4th Street
and llth Avenue S. E. was given its second reading. Hunziker moved,
McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA No 3500
ourned Meetinq No. 27 - March 19, 1990
Bluhm moved, Canfield second to adopt Resolution No. 145-90 approvin,
an owner contract for Basic Construction in Diamond Ridge Two.
Ayes (7), Nays (0).Motion carried.
Strain moved, McConnell second to adopt Resolution No.146-90 approv-
ing an owner contract for high level Watermain Extension to Viking
Hills plus Basic Construction in Viking Hills Fourth and Fifth
Sub. Ayes (7), Nays (0).Motion carried.
Strain moved, Bluhm second to remove the request to annex by petitioi
40 acres of vacant land owned by the City of Rochester located
at the NW intersection of 41st St. N. W. and West River Rd. from the
table. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield
second to proceed with the annexation and instruct the City Attorney
to prepare the necessary documents. Ayes (7), Nays (0).Motion Carrie,
Solinger moved, McConnell second to remove the Reconsideration of thl
Preliminary Plat of Baihly Heights 6th Sub. from the table. Ayes
(7), Nays (0).Motion carried.
Jeffery Ellerbush of the Planning Dept. presented a map of the area
and explained the preliminary platting process. Alderman Canfield
stated that this is a very steep area and he is very concerned about
the potential water problems. Don Borcherding, of Yaggy Colby Assoc,
was present and stated that a pond will be started and should
eliminate the problem. Mr. Borcherding also presented a plan of the
area to the Council.
Wishing to be heard by the Council was Dick Hexum. Alderman Solinger
objected . He stated that this has been discussed enough and it is
time for the Council to make a decision. President Selby overruled
Alderman Solinger and allowed Dick Hexum to talk. She based this on
the fact that she allowed Mr. Borcherding to talk and needed input
from a couple other people. Mr. Hexum reminded the Council that
an,agreement was made in 1989 regarding the little strip of land
in Baihly Woodlands that goes no place. This road that is being
considered in this plat was part of that agreement and it was
approved that this was not to be built as a connector between
this and Folwell Dr.
Wishing to be heard as spokesman for the residents of Folwell Dr.
was Jeff Brown of 1310 Folwell Dr. and he is against the connector
road being built.
After Council discussion, Alderman McConnell stated that he will not
vote for this development because of a lack of a second access.
Alderman Strain stated that the sewer and water would be so extensive
to get to this dev. and the lack of road layout. He is not in favor
of this.
Alderman Bluhm is in favor of the temporary road access to Folwell
Heights.
Having no further discussion, Canfield moved, Strain second to deny
the preliminary plat. Upon roll call vote, Aldermen Canfield,
Hunziker, McConnell, Strain and President Selby voted aye. Ayes (5),
Aldermen Bluhm and Solinger voted nay. Nays (2). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA NU 3501
Adjourned Meeting No. 27 - March 19, 1990
Agenda
Item
F-1 An Ordinance regarding the annexation of the Roy Watson Property
in the SW 1/4 of the SW 1/4 of Sec. 14, T 107N R14W was given its
first reading.
H-1 Bluhm moved, Strain second to allow the City of Rochester to retain
a 10' strip of land by the Broadway Cafe in a land exchange in that
area. This would be needed to house the old Bus Depot building.
Ayes (7), Nays (0).Motion carried.
Having no further business, Bluhm moved, Strain second to adjourn
the meeting. Ayes (7), Nays (0).Motion carried.
City Clerk
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