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HomeMy WebLinkAbout10-01-1990RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Meeting No. 13 - October 1, Agenda Item OF THE COMMON MINNESOTA 1990 COUNCIL A-1 President Selby called the meeting to order at 2:00 P.M., the following members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger (2:02P.M.) and Strain. Absent: None. Bluhm moved, Strain second to approve the minutes of the September 10 and 17, 1990 meetings. Ayes (6), Nays (0).Motion carried. Alderman Solinger arrived. C-1 Strain moved, McConnell second to approve -the appointment of John C. Marvin to fill the position of Police Officer in the Police Dept. effective Oct. 15, 1990. Ayes (7), Nays (0).Motion carried C-2 Discussion was held by"the Council on the Mayor's appointment to the Cigarette Vending Task Force. Alderman Canfield was concerned about the task force representatives be speaking on one side of the issue and a cross mix was not evident in the selection as the Mayor submitted. Alderman Bluhm agreed with Alderman Canfield and stated that Alderman Solinger's motion at a previous meeting was to get a cross section and not all the members being against smoking. Alderman Solinger agreed that the intent of his motion was to get a number of people from both smoking and non-smoking opinions. Alderman Canfield stated that everyone on the Council does not smoke, but he would like to see a balance on this committee. Alderman Solinger stated that if the Mayor has 150 people waiting to be placed on other committees, then maybe he could consult with those people and they would be willing to serve on this one. Mayor Hazama stated that it took at least 12 years to set up his process of selecting members of committees and he is happy with his list that he presented to the Council. Alderman Bluhm commented that the duties of this committee is not spelled out and he would like to see the committee monitor the areas of vending machines, as well as see that the laws are posted, etc. Alderman McConnell stated that we should approve this list and be done with it. After further discussion, Canfield moved, Hunziker second to approve the group as provided but increase the number of people on the list from 12 to 15 in the hopes that a few representing the smokers will come forth and want to join this committee. Ayes (7), Nays (0), Motion carried. Alderman Solinger moved, Strain second to recommend to the committee that the focus of the task force is to be reviewing the state law and ordinance of the City of Rochester as to implementation of the law and ordinance with one year time frame to operate as a task force and report to the Council quarterly or when necessary and check license holders, locations and directions. Ayes (7), Nays (0).Motion carried. D-1 IThe request by Charles Benson to speak to the Council regarding the 1% Sales Tax did not wish to be heard at this meeting. 3607 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3608 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 1, 1990 Agenda Item E-1 E-2 E-3 E-4 E-5 Bluhm moved, McConnell second to adopt Resolution No.458-90 approvin a lease agreement with the owners of 625 loth Avenue S. E. for $700. plus utilities. This was purchased by the City for Flood Control Project on Bear Creek. Ayes (7), Nays(0).Motion carried. McConnell moved, Strain second to approve the changes to the Civic Square project plans according to the drawings as presented Al'thru A10, S1 Thru S4,M1-M8 and E1 thru E6 and as further described in the written material attached to the drawings. The approval is limited to those items specifically shown on the drawings and described in the text. Ayes (6), Nays (1).Motion carried. President Selby voted nay. Motion carried. - Strain moved, Solinger second to adopt Resolution No. 459-90 awarding the contract ( low bid ) to Jetway Systems, of Ogden Utah in the amount of $221,366.23. This is to furnish a Passenger Loading Bridge for Gate 2 at the Terminal Building at the Rochester Municipal Airport. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No.460-90 approving two change orders with Alvin E. Benike, Inc. J 6901 - FAA,AIP 3-27-0084-03, Base Bid A Equipment Storage Garage for the Rochester Municipal Airport. This is in the amount of $4,317.00 for a new contract price of $456,677.00. One change order adds an additional fire hydrant at no additional charge. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 461-90 approving a purchase order with Bob Seeley Ford of Zumbrota, Mn. for a 1991 one ton cab and chassis with flatbed and crane in the amount of $33,947.00. Resolution No. 462-90 approving a purchase order agreement with Pauwels Transformers, Inc. for transformers in the amount of $1,818,985.00. Resolution No. 463-90 approving an insurance agreement with C.O. Brown Agency with Assoc. Electric and Gas Ins. Services Ltd. for furnishing comprehensive general liability coverage for one year beginning Oct. 18, 1990 and ending Oct. 18, 1991. Resolution No. 464-90 approving an insurance agreement with Arkwright Mutural Ins. Co. for property and boiler and machinery insurance coverage for one year beginning Oct. 18, 1989 and ending Oct. 18, 199: This is payment for the second year - $108,000.00. Resolution No. 465-90 declaring the week of Oct: 7-13 as Public Power Week in Rochester Mn. 1 Ll RECORD OF OFFICIAL PROCEEDINGS OF' THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3609 Regular Meeting No. 13 - October 1, 1990 Agenda Item E-5 Resolution No. 466-90 approving a policy to furnish electric power and service to all residential, commerical and industrial customers located within the city limits of the City of Rochester. Ayes (7), Nays (0).Motion carried. The resolution submitted by the Public Utility Board regarding the purchase order agreement with 0 'Brien Ehrick, Wolf, Deaner and Maus law firm as primary legal counsel and the law firm of McGrann, Shea, Franzen, Carnival, Straughn and Lamb, Chtd of Mpls Mn. as secondary counsel for service territorial matters was not acted upon by the Council. E-6 Strain moved, McConnell -second to approve the following licenses & bonds: Request for a Temporary On -Sale 3.2 beer license for Oct. 27, 1990 received from St.>�F,ra "s Church- 338 11 th Avenue S. E. Request for a Master% staller_ license received from Barry M. Aaby „ of 806 2nd St. S.W. Rochester, Mn. Request received from Kaiser Construction of Faribault, Mn. for a ce sidewalk , curb and gutter and driveways license for a period.ending Dec. 31, 1990. The bond has been waived. Request received from The Church of the Savior of Rochester for a benefit auction on Oct. 13, 1990. The bond has been waived. Request from Mr P's Family Market Hwy 52 No. for an Over -The -Counter Cigarette license and an Off -Sale w.2 Beer License for a period of and thru March 31, 1991. Ayes (7), Nays (0).Motion carried. E-7 Solinger moved, Hunziker second to approve the transfer of the location of P.J.G. Incorporated DBA Buckeye Liquor from 205 4th St. S.E. to 302 Fourth Street S. E. Ayes (7), Nays (0).Motion carried. E-8 McConnell moved, Strain second to adopt Resolution No. 467-90 setting a hearing date for assessments on Weeds, Trees and Debris Removal. Ayes (7), Nays (0).Motion carried. E-9 Solinger moved, Strain second to approve the following miscellaneous activities: Request from the Knights of Columbus,Hwy 14 E'Roch. for a Marathon for Non -Public Education on Oct. 6, 1990. This is from Lourdes High School to Soldiers Field and back. Request from Mayo High School Student Council for a homecoming parade on Oct. 12, 1990 beginning at Soldiers Field to Central Park and back. Ayes (7), Nays (0).Motion carried. E-10 Bluhm moved, Canfield second to approve the Accounts Payable in the amount of $2,803,606.89 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. is RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3610 Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 E-17 F-1 F-1 F-1 F-1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - October 1, 1990 Strain moved, McConnell second to adopt Resolution No.•468-90 authorizing redemption and retirement in advance of maturity $6,675,000. of the G. 0. Park and Recreation Systems Bonds callable at par on December 1, 1990. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to instruct the City Attorney to prepare an Ordinance that can be adopted on the annexation by the Rochester Golf and Country Club of 143 acres in Sec. 14 of Roch. Township. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 469-90 setting forth the City's declaration on the EAW adequacy. - need for Environ- mental Impact Statement for the Essex Estates Project. The resolution shall include specific findings. This Resolution will be forwarded by the Planning Dept. to the Environmental Quality Board. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to table the request for a vacation of a portion of the ROW for 37th Street NW at the entrance to the Target Store to the Oct. 15, 1990 meeting. Ayes (7), Nays (0). Motion carried. No action was taken by the Council on the Variance 90-23 by Jeff Log( on the Aldrich Nursery Property. The Council meeting on Sept. 5, 1990 the Council had a tie vote. No action was taken at that meeting, This was brought back to the Council for further action..when all members are present. No motion was made. Strain moved, Bluhm second to approve the purchase of 1,500 square feet of additional property for flood control purposes from Kraus - Anderson for $5,053.00. This is from the Northbrook Shopping Center. .Ayes (7), Nays (0).Motion carried. Strain moved, Bluhm second to authorize receipt of quotations and award of the project - West River Parkway Bike Path connection provided it is less than $12,000.00. This would complete the bike path. Ayes (7), Nasy (0).Motion carried. An Ordinance adding a new Section 12.01 which places a limitation on the number of consecutive years of service for Board and Comm. Members was given its first reading. An Ordinance amending the Home Rule Charter of the City of Rochester to place attendance requirements on Board and Commission Members was given its first reading. An Ordinance Relating to Annexation of 143 acres of Lands (Roch. Golf and Country Club ) was given its first reading - Sec. 4, Roch. Township. ; An Ordinance Amending Zoning Code Sec. 61.601 and adding a new section 61.2035 to clarify the Compliance and Enforcement Provisions contained in the Zoning code was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7),Nays(0). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 36 Regular Meeting No. 13 - October 1, 1990 Agenda F-1 Solinger moved Strain second to adopt Resolution No.469A-90 Item setting a hearing for Nov.5, 1990 on the proposed vacation of 5' utili yy easement in Comarron llth Sub. Lots 18 and.11 Blk 3.Ayes (7), NaysU).Motion-carried . F-1 An Ordinance Amending Ordinance 2545 to revise the previously create PUD-B-89 otherwise known as Virgil's Auto Clinic was given its second reading. Bluhm moved, Canfield second to adopt the Ordinance as read. Ayes (7),Nays (0).Motion carried. F-1 An Ordinance Rezoning to AG, Agricultural, properties located within the former Willow Creek San. Sewer Dist. areas as recently annexed to the City. This was given its second reading. McConnell moved, Strain.second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance AMending Roch. Code of Ord. Sec. 112.04 and 112.06 relating to eligibility standards for and information required from applicants for Peddlers and Solicitors License was given its second reading. Solinger moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 Strain moved, McConnell second to adopt Resolution No. 470-90 approving an owner contract for Basic Construction in Essex Estates Second Sub. - This is with North American Realty and Road Constructors. Ayes (7), Nay.s (0).Motion carried. G-1 Solinger moved, Strain second to remove the request for a Final Plat to be known as South Park from the table. Ayes (7), Nays (0). Motion carried. Bluhm moved, Strain second to adopt Resolution No. 471-90 --approving the plat. Ayes (7), Nays (0).Motion carried. G-2 Canfield moved, Bluhm second to remove the General Dev. Plan for the Baihly Heights Area from the table. Mr. Stevan Kvenvold, City Adm. stated that Mr. Rodney Younge, Dev. had stated that he was not pleased with the staff and handling of this matter. The area of discussion was the extension of Fox Valley Drive to the future westerly extension of the road called Baihly Heights Dr.. Fox Valley Dr. will go across the intersection Cook and Thompson property. A Petition was received by 64 residents urging the Council to approve the Dev. plan as designed by Rodney Younge without the Planning and Zoning Amendment to add this connector road. Public Services Dept. responded in favor of the connector road. Buses and other emergency vehicles can get in and out of the sub. better with this road. After lengthy Council discussion, Hunziker moved, Canfield second to table this until a General Development Plan can be designed showing the street system. Upon Roll call vote, Aldermen Bluhm, Canfield, Hunziker, McConnell and President Selby voted aye. Ayes (5), Nays (2). Aldermen Solinger and Strain voted nay. Motion carried. G-3 The Preliminary Plat of Baihly Heights Sixth Sub. remained on the table. No action was taken. G-4 This will be taken up at the evening session. Having no further business Strain moved, Solinger second to adjourn the meeting until 7:30 P.M. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3612 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - October 1, 1990 Agenda Item A-1 B-1 ME B-3 Im W. 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 A Hearing on the Petition to vacate the 5 foot of a 15 foot utility easement located along Lot 16 and 17 , Blk 1, Bamber Corners 2nd Sub. Wishing to be heard was Arnold Bomgaars of 820 10 1/2 St. S. W. and urged the Council to give him 10' on both. Having no one else present that wished to be heard, President Selby closed the hearing. Canfiell moved, McConnell second to adopt Resolution No. 472-90 approving the vacation.with five feet along the SE Line of Lot 16 and 5 ' along the NW line of Lot 17. Ayes (7), Nays (0).Motion carried. A Hearing on the Petition to vacate the Wly 5 ft easement excluding the Sly 10' easement and northern 5' easement on property located at Lot 24, Blk 3, Cimarron llth Sub. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved,Strain second to adopt Resolution No. 473-90 approving the vacation. Ayes (7), Nays (0).Motion carried. A Hearing on the City Planning and Zoning Commission Initiated Zone Change. Having no one present that wished to be heard, President Selby closed the hearing. McConnell moved, Bluhm second to instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. A Hearing on the Street and Alley vacation No. 90-10. Having no one present that wished to be heard, President Selby closed the heari Solinger moved, Canfield second to adopt Resolution No.;474-90 approving the vacation subject to the following two conditions: 1. That a Temporary access easement be granted for vehicular access across the vacated portion of 2nd St. NE until such time it is necessary to close off the area for construction purposes. 2. The Developer must work with the utility companies to relocate the existing utility lines and to provide any necessary utility easements. Ayes (7), Nays (0).Motion carried. A Hearing on the Zone Change by Garrison Tienter to rezone property located at 5105 Highway 52 North. Wishing to be heard was Ervin Ledebuhr of 3003 51st St. N. W. and his lot line joins Tienter's property. He is opposed to this unless his property gets zoned the same as Tienters property. He also was informed on how he can apply to have the zone changed. Wishing to be heard was Bill Oertli of 5610 Longboat Rd. N. W.and stated he is the person that is wanting to have this changed so he can open an accountants office -his is a CPA. Dr. Charles Smith is located directly to the south and operates a dental office. Havin(, no one else present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to instruct the City Attorney to prepare an ordinance making this change. Ayes (5), Nays (2). Aldermen McConnell and Strain voting nay. Motion carried. 21 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 13 - October 1, 1990 Agenda Item 13-6 A Hearing on the Proposed Assessments on Project 6314-3-87 J 8966 - Reconstruction and Widening, Concrete Curb and Gutter, Storm Sewer and Watermain and Service Connections in 14th Ave. S. W. from South of 2nd St. S. W. to 6th St. S. W. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Bluhm second to adopt Resolution No. 475-90 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-7 A Hearing on the Proposed Assessments on Project 8801 J 9024 - San. Sewer Trunkline plus San. Sewer and Watermain laterals to serve Bamber Valley School and others in Sec. 9,10,151 and 16 in Rochester Township. Wishing to be heard was Arnold Bombaars of 820 10 1/2 St. S. W. and wanted to know how the assessment was figured. He was informed by.Roger Plumb`., Public Services Director. Having no one else present that wished 'to be heard, President Selby closed the hearing. Hunziker moved, McConnell second to adopt Resolution No. 47 90 accepting the assessments. Ayes (7), Nays (0).Motion carried. F-1. Strain moved, Hunziker second to adopt Resolution No.;�477-90 approving an owner contract for Basic Construction in South Park. Ayes (7), Nays (0).Motion carried. F-1 F-1 G-4 An Ordinance Rezoning certain property to B-la ( Residential Business (Accountants Office ) - 5105 Hwy 52 North was given its first reading. Bluhm moved, Canfield 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 Odinance was given a second reading.Solinger moved, Bluhm second to to adopt the Ordinan e Ayes (7), Nays (0).Motion carried. An Ordinance Rezoning property to B-4 General Business in all of Lots 1,2, and 4 and-W 84 Ft. of Lot 2, Cascade Center Sub. was given its first reading. Solinger.moved, Hunziker second to remove the Recreation Center Roofing bids from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 478-90 accepting the bid of Schwickert for the repair of the pool and north rink roofs in the amount of 104,600 roof and $89,900. for the rink. This bid met specifications. Ayes (6),Nays (1).'McConnell voted nay. Motion carried. Canfield moved, McConnell second to appropriate the funds for the room from the future building funds. Ayes (7), Nays, (0).Motion carried. Having no further business, Solinger moved, Hunziker second to adjourn the meeting. Ayes (7), Nays (0).M ton carried. City Clerk Information - Committee of Whole Meeting minutes 8-27-90 and 9-17-90. 3610