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HomeMy WebLinkAbout07-16-1990RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 B-1 1 CITY OF ROCHESTER, MINNESOTA NO Adjourned Meeting No. 4 - July 16. 1990 ,",President Selby called the meeting to order.at 7:30 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield (arrived 7:33 P.M.). Hunziker, McConnell, Solinger and Strain. Absent: None. Bluhm moved, McConnell second to -approve the minutes of the July 2, 1990 meeting. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat of Apache Village. Wishing to be heard was Charles Lantz of Dorsey, Whitney, Attorney's for the owners. Mr. Lantz is from Suite 340 201 Building, Rochester, Mn. There is a problem with a triangular piece of property. It seems that the title is in question. It seems that Apache Mall intended to convey this to the client but clear title does not exist on this piece and he wanted the Council to be aware of this confusion. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Strain asked what the legal procedure would be in this case. Fred Suhler, Jr. City Attorney stated that this situation would be handled during the platting process. If an unclear title is evident, then this will show at the platting time. Every owner of the land has to sign the plat. If this parcel is questionable it will show up then. Roger Plumb, City Eng. stated that he would need an easement thru this triangle in order for the sewer and water line to go thru. Alderman Hunziker stated that he would like to see this in a more complete form so he knows where the City stands. Jeff Ellerbush, Planning Dept. stated that this is a plat and the vacations for easements, can be dealt with in the vacation procedure so he sees no reason why this cannot be approved. Bluhm moved, Strain second to adopt Resolution No. 331-90 approving plat with the following conditions: 1. Access control be shown along the west side of Lot 1 for a distance of 130' from the 12th Street S.W. ROW South. 2. The Dev. and the City enter into an owner contract which goes into effect at the time of recording of this final plat; contains a hold harmless clause in favor of the City and includes in the construction bond the cost to remove the existing Arby's restaurant from the ROW of Apache Lane S.W. after a specified period of time. A 25' easement to the west was added to the conditions( alg Apache Drive and will be considered in the vacation request ). Ayes (6), Nays (0).Motion carried. A Hearing on the Petition to vacate a roadway easement in Apache Village Subdivision. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Solinger second to adopt Resolution No. 332-90 approving the vacation and retain the westerly 25' of the area to be vacated. This is along Apache Drive and will be used for utility easements to protect existing utilities now in place in the street easement area. Ayes (7), Nays (0).Motion carried. e �3565 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N° 3566 Agenda Item E-1 E-2 E-3 E-4 E-5 E-6 E-7 CITY OF ROCHESTER, MINNESOTA N? 3566 Adjourned Meeting No. 4:' - July 16, 1990 Solinger moved, Strain second to approve the purchase agreement for Outlot A of the Apache Sub. for $150,000.00. This is subject to the following: 1. The City would allow the removal of fill from the property purchased by the City, subject to.limitations imposed on the extent of the removal by the Corps; 2. The property -owner Mr. Penz, would construct the median on Apache Drive. 3. The City agrees that in the area of the temporary construction easement, it will give "due consideration" to any request made to encroach upon limited portions of the area for purposes of construct- ion of a future building. This includes a date of ending 1996 (December) in the Temporary Construction agreement. Mr. Penz agreed to this new date. Ayes (7); Nays (0).Motion carried. Canfield moved, Hunziker second to approve the allocation of $9,585.00 in CDBG COntingency funds, $12,600. in Flood Control program income funds, and $17,815. in Slum and Blight funds to the HRA Mn. Communities Program. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the City to participate in the Consortium purchase of a Voice Mail System. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 333-90 providing authority for the City Attorney at the direction of the'City Adm. to initiate eminent domain proceedings for the purpose of acquiring the properties at 121 Third Street S. E., 125 Third St. S. E. and 201-209 Third Street S. E. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 334-90 approving the low bid of $37,663.00 with LDP Construction for Demolition of 428 and 432 South Broadway contingent upon completion of asbestos removal by building owners. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to instruct the City Attorney to prepar an appropriate ordinance for presentation to the Council for adoption on amendments to the City Sales Tax to conform with the 1990 State Law changes. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the following licenses & bonds: Request received from Danny L. Rasmussen dba Rasmussen Air Condition- ing Service at 600 4th St. N.W. for a Heating, Vent., and Air Conditioning license; Attracta Sign, Inc. of Minneapolis, Mn. for a license to Erect and Maintain Signs ; Wayne Strehlow WSW Builders for a Cement Sidewalk License; The Aviatry Rest. for a temp. dance license on July 26, 1990. Ayes (7), Nays (0).Motion carried. 1 �I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA NO 3567 Adjourned Meeting No. 4 - July 16, 1990 Agenda Item E-8 Canfield moved, Bluhm second to approve the issuance of an On -Sale Wine License to Cynthia Daube, Daube's Bakery and Konditorei of 14 Third Street S. W. Ayes (7), Nays (0).Motion carried. E-9 Canfield moved, McConnell second to approve the Accounts Payable in the amount of $1,279,191.22. List is on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-10 Solinger moved, Strain second to adopt Resolution No. 335-90 authorizing the City Clerk to advertise for bids for supplying in tankwagon unleaded gasoline and diesel fuel for the City of Roch. Bids to be opened at 11:00 A.M. on August 1, 1990. Ayes (7), Nays (0).Motion carried. E-11 Strain moved, Bluhm second to approve the petition to annex by Ordinance 11 acres of vacant land located east of Pinewood Sub. in Section 18 Marion Township. Alderman Hunziker was concerned about Rochester Public Utilities furnishing electricity. Fred Suhler, City Attorney stated that we could add this to the list of condemnat Alderman McConnell stated that we should put all annexations on a moratorium. Roger Plumb, City Eng. stated that we should require the developers to put in street lighting so they are in compliance with the City policy. Upon roll call vote, Aldermen Bluhm, Canfield, Solinger, Strain and President Selby voted aye. Ayes (5), Aldermen Hunziker and McConnell voted nay. Nays (2). Motion carried. The City Attorney was instructed to prepare an Ordinance for adoptioi E-12 Hunziker moved, Strain second to approve the Planned Unit Developmen- (preliminary plan / plat for Essex Estates) subject to the follow- ing 17 conditions: 1. The Dev. make application for an Environmental Assessment Work - sheet and receive a finding , of no significant impact for the entire project before any part is approved in final form. ( The staff has started initial review already according to the rquirements of an EAI 2. All homeowners association documents for the townhouses and coveni for the apt. complex and single family houses should be provided witl the final plan and reviewed by the City Attorney. Covenants for the apartment complex shoulolearly define there will be cooperative responsibilities between ownership entities for maintenance of all improvemetns. 3. The landscaping berm along 41st St. adjacent to the apt. complex should be done as a single job in the first phase before any units are occupied to insure a consistent appearance to the entire length of the bermed area. 4. Public sidewalk in the 41st St. ROW should be installed at the end of Phase I construction by the Dev. from the present and E. of 13th Ave.across the frontage of this project Ely to the walkway location alg the W. side of the soccer fields. This will proi.de._a complete pedestrian system to serve the neighborhood to the W and S. It was suggested that the possiblity of ext. the berming alg the soccer fields should be investigated. The walkway to West River Rd. Ions nts RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL N° : -35�8 CITY OF ROCHESTER, MINNESOTA N? 3568 Adjourned Meeting No. 4—July 16, 1990 Agenda Item E-12 across the frontage of the soccer fields should be provided by the City in a timely manner to complete the entire sidewalk system in the north side of 41st St. N. W. 5. An easement for a bus shelter to be provided by the developer should be shown on plans at the location across from llth Avenue. The Dev. should not be responsible to construct the shelter as recommende by Public Services. 6. The drainage study for the project should be approved and the timi drainage impts. ( Storm sewers, detention areas ) should be approved Public Services - see referral comments. 7. Adequate width easements as approved by Pub. Services and Roch.Pub Utilities should be provided and shown on final plan documents. 8. The City of Roch. should be given the authority to inspect and ord impts. or maintenance to the stormwater detention area which is located on the apt. complex property. A drainage easement will be needed to cover this area but the responsibility to maintain it will lie with the owners of the apt. complex. 9. The Dev. should provide to the City the nexessary documents to pre a utility easement across Essex Park to extend the sewer main which services thi.s project. 10. The plan should address recreational vehicle parking in the PUD. 11. The arch. plans for the apt. blds should be revised to correctly show window openings and air cond. units. The three 12 unit bldgs. which back up to 41 St. should have the same window features on their rear elevations as the fronts of the bldgs which face into the project. This will present a better appearance to the project to the street and neighbors. 12. Design of the outdoor garbage/trash collection areas should be provided. Enclosed structures around garbage dumpsters and recycling pickup areas should be provided. 13. Street pavement widths should be shown on final plans. 14. Limit uses and dev. on the church parcel to those of the R-1 dist if specific plans are not provided in the final phase. 15. Allow an ext. to the on normal one year approval period of the preliminary PUD phase based on the large size of this project. Reserve the right to determine at the time of the first final plan approval the location and specific length of the approval ext. 16. The Dev. should include in the lease agreements for the apts in the multi -family housing a restriction that the balconies should be kept uncluttered. 17. The garbage/trash area should be located in an interior area of t project so that it cannot be viewed from 41st St.N.W. Ayes (7), Nays (0).Motion carried. E-13 McConnell moved Hunziker second to adopt Resolution No. 336-90 approving the Mn/DOT Plans and Specifications for the Construction of a Frontage Rd. in the S.W. quadrant of TH 52 and 55th St. N. W. Ayes (7), Nays (0).Motion carried. E-14 Bluhm moved, Strain second to adopt Resolution No. 337-90 approving the Cooperative Construction Agreement for Frontage Rd. Construction P 9 9 S. W. Quadrant of TH 52 and 55th St. N. W. Total cost is $506,524.10. Ayes (7) , Nays (0).Motion carried. g of y is r are N RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA N? 3569 Adjourned Meeting No. 4 - July 16., 1990 Agenda Item E-15 McConnell moved, Bluhm second to adopt Resolution No..337A-90- approving the spreading of the remaining assessments on property to be acquired by Mn/DOT for the 55th St. N. W. and TH No. 52 Interchange. The property acquired is presently owned by Cordul Est. and Mn/Dot wants to purchase this and spread the assessments to the other property in connection with this parcel yet owned by Cordul. Ayes (7), Nays (0). Motion carried. E-16 Solinger moved, Strain second to adopt Resolution No. 338-90 authorizing renewing the Ironwood Square Lot lease for a two year period at $150.00 per month. Ayes (7), Nays (0).Motion carried. E-17 Bluhm moved, Canfield second to adopt Resolution No. 339-90 adding para. 2.5 as follows to the Comp. Parking Res. Book - No Parking. (2.5) on both sides of the E-W Alley which lies between Center St. and 1st St. S. W. from llth Avenue S. W. to 12th Avenue S. W.at all times. Ayes (7), Nays (0).Motion carried. E-18 Bluhm moved, McConnell second to adopt Resolution No. 340-90 approvin the contract and Mn-90 4 048 Urban Mass Transportation Assistance in the amount of $541,975. from the U.S. D.O.T. Urban Mass Transp. Adm. for CY1990. Ayes (7),Nays (0).Motion carried. E-19 Solinger moved, Bluhm second to adopt Resolution No. 341-90 author- izing the City Clerk to advertise for bids to be received by 11:00 A.M. on August 15, 1990 on Project No. 6217-3-90 J 9153 - St. Construction, Con. Curb and Gutter, San. Sewer, Watermain and Service Connections in Tudor Ct. S.W_. from 6th Avenue S. W. to the West Ln of Lot 14, Toogood Sub. Ayes (7), Nays (0).Motion carried. E-20 Strain moved, Bluhm second to adopt Resolution No. 342-90 approving Supplemental Agmt. No. 1 for Project 6309-2-89 J 9065 - 9th Avenue S. E.- 6th St. S. E. - in the ammount of $11,000.00. Ayes (7), Nays (0).Motion carried. E-21 Strain moved, Bluhm second to adopt Resolution No. 343-90 awarding the low bid of Road Constructors in the amount of $424,769.70 for Project No. 6311-4-89 J 9132 - Street WIdening Reconstruction and Resurfacing on llth Avenue N. W. from 12th St. N. W. to approx. 300 Feet South of the Centerline of 19th St. N.W. Ayes (7), Nays (0).Motion carried. E-22 Canfield moved, McConnell second to adopt Resolution No. 344-90 awarding the low bid of Rochester Sand and Gravel in the amount of $108,538.50 for Project No. 6110-90 J 2232 - Street Resurfacing on Elton Hills Dr. from 5th Avenue N. W. to North Broadway. Ayes (7), Nays (0).Motion carried. E-23 Solinger moved, Strain second to adopt Resolution No. 345-90 awarding the low bid of,Elcor Construction Inc. in the amount of $68,656.50 for Project No. 6255-4-90 J 9152 - San. Sewer and Watermain Ext. alg the N Side of 55th St. N. W. from 25th Avenue N. W. to serve Hunter Hills. Ayes (7), Nays (0).Motion carried. N° 3570 Agenda Item E-24 F-1 F-1 F-1 F-1 F-1 F-1 F-1 G-1 G-2 H-1 RECORD -OF "OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MI:NNESOTA N? 3570 Adjourned Meeting No. 4 - July 16, 1990 Canfield moved, Bluhm second to authorize the initiation of annexatio of the Rochester Municipal Airport property. Ayes (7), Nays (0). Motion carried. An Ordinance Annex. approx. 11.00 acres of land located in the Part in the W 1/2 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Sec. 18, T 106N R13W was given its first reading - Ratzlaff Prop. An Ordinance Relating to Sales Tax and Use Taxes adding prov. to be known as 129.25 Sub. 1 clauses (kk) and(11) - conforming this to the 1990 tax (State) law was given its first reading. An Ordinance on Street Name changes; 5th St. , Second Ave, Etc. to Civic Center Drive and West Silver Lake Drive was given its second reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion caned. An Ordinance extending the Franchise for Rochester Transportation Systems ( Yellow Cab ) was given its second reading. Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 346-90 approvi owner contract for Basic Construction in Willowridge - Phase III and IV ; Lowell Penz and LDP Construction Co. Ayes (7), Nays (0). Motion carried. Solinger moved, Hunziker second to adopt Resoution No. 347-90 apporov ing an owner contract Phase II Teton Court Sub.; Randy Reynolds and Elcor Construction Co. Ayes (7), Nays (0).Motion carried. Strain moved, Canfield second to approve Resolution No. 348-90 - Owner contract for Basic Construction in Apache Village Sub.; Lowel Penz and LOP Construction Co. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to remove the proposed Extension of 40th St. N. W. from Summit Square Manor to West River Road from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to deny the request. Ayes (7), Nays (0).Motion carrie Bluhm moved, McConnell second to remove the request for a vacation on that portion of a platted five foot utility easement running along the westerly lot line of Lot 12, Blk 22, Co. Club Manor Fifth Add. from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Bluhm second to deny the request. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to deny the Historic Preservation Ordinance as witten. After Council discussion, Canfield moved , Hunziker second to table this for further information. Upon roll call vote, Aldermen Canfield,& Hunziker and McConnell voted aye. Ayes (3), Aldermen Bluhm, Solinger, Strain and President Selby voted nay. Nays (4).Motion did not carry. The orginal motion was voted on - Upon Roll call vote, Aldermen Bluhm, Solinger,Strain and Presidetn Selby voted aye Ayes (4), Aldermen Canfield,Hunziker and McConnell na M tion c ried. Having no fl� rther b siness Strain moved,Bluh second a�lourn�ie meeting. Aves (7).Nays (O�.Motion carried an 1 to LL� 4 ty_ Iil erd