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HomeMy WebLinkAbout04-15-19913700 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April .15, 1991 Agenda Item A-1 B-1 President Selby called the meeting to order at 7:30 P.M., the follow- ing members being.present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Bluhm moved, Canfield second to approve the minutes of the March 25, 1991, April 1 and 3rd, 1991 meetings. Ayes (7), Nays (0).Motion carri A Hearing on the Appeal No. 91-1 by Rolland an& Lenora Anderson appealing the decision of the Rochester Zoning Board of Appeals. Wishing to be,heard was Rolland Anderson of 401 18 112 Ave. S. W. Mr —Anderson stated that he has a building.in the rear yard of rental property located at 2211 lst Avenue S. W. This is an -accessory building and he went to all the appropriate governmental agencies that would approve or be affected by.this additional structure and they approved all the requests. The structure was built and then it was discovered that the applicant could not use this building for storage because he did not live on the premises that it was built. He appealed this request to allow him to keep this structure on this property and use it to the Zoning Board of Appeals and they denied his request. He is appealing to the Council to reverse the decision of the Board of Appeals and allow him this use. Wishing to be heard was James Regan of 119 23rd St. S. W. and stated this building is not a garage, but rather a pole barn type structure. He is not in favor of this and would urge the Council not to reverse they Zoning Board's decision. Having no one else present that wished to be heard, President Selby closed the hearing. Alderman Canfield stated that Mr. Anderson did his homework well, he had'the concrete poured and then found out that this building did not conform. He was notified at this time to stop, but he decided to go ahead and build the structure anyway. The neighbors are upset and Alderman Canfield feels that this could be setting a precedent if this structure was allowed to remain non -conforming. Alderman Solinger stated that this case has brought to light a discrepancy in our Zoning Ordinance. If a home address is given, and another address is also allowed on the form, and they two are not necessarily investigated, then he could see how a building could be approved and not necessarily at the same address as the owner or applicant lives at.' He would -like to see this corrected so that this would not -happen again in the future. Alderman Hunziker stated that the reasons allowing the Council to permit this structure are such as Exceptional Circumstances, Natural Causes, Preservation of Property Rights, Absence of Detriment, General Nature. These reasons cannot be justified by the Council to allow this structure to remain in the place that it was built. Wishing to be heard again was Mr. Rolland Anderson. He stated that he did not even have the house bought yet when he went in for the bldg. permit. Wishing to be heard was Einor Hanson of 124 23rd St. S. W. He is opposed to this building remaining. and urged the Council not to allow it. Canfield moved, McConnell second.to deny the request to appeal the Zoning Board of Appeals decision. After Council dis- cussion, Roll Call was heard - Aldermen Bluhm , Canfield, Hunziker, McConnell, and President Selby voted aye. Ayes (5),.Aldermen Solinger 1 .1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA ��" Adjourned Meeting No. 29 - April 15, 1991 Agenda Item B-1 and Strain voted nay. Nays (2). Motion to deny the request approved. B-2 A Hearing on the Final Planned Unit Dev. Phase II of PUD R-101 known as Essex Estates. Wishing to be heard was Frank Kottschade of 2613 5th Avenue N. W. and introduced Marian Hanson of Edina, Mn. who presented the Council with inform-•tion including pictures of the concept of the apartments. Having no one else present that wished to be heard, President Selby closed the hearing. Bluhm moved, Mc Connell second to approve the PUD and adopt:Resolution No. 165-91 with the following nine conditions: 1. No recreat.ional vehicle storage by residents of the cooperative apartment be permitted on the apt. site. The plans provide no specific rea for the parkway of the rec. vehicles. . Bldg. elevations by provided to staff showing the E.side of the ealife Cooperative Apt. The east elevations would show the parking arage side and none were provided. . The site plan for the apt. be updated to show the location of the roject sign. Sign detail sheets should be provided and the sign itsel hould include the address of the building. These properties be replatted to provide all necessary utility asements. This replat can be done at any.point before occupancy of thi uildings. . The east driveway into the apt. site be moved to the west to increi he distance to the stop sign. The location should be approved by ublic Services. . A left turn stop in the median for east bound traffic turning into he Aldrich Nursery School should be provided in the Essex Parkway esign. . The storm sewer from this development should be connected to the future storm sewer system in Essex- Estates in a fashion approved by ublic Services. 3. Design type "A" approaches from the standard City detail plates hould be used for all approaches into the site from Essex Parkway. 3. A garbage collection area should be shown on the Aldrich Nursery chool plan. Exterior garbage collection areas should be screened. yes (7), Nays (0).Motion carried. B-3 I Hearing on the Proposed Project No. 9010-91 J 9170 - Construction f Essex Parkway from West River Road ( Co. Rd. No. 133) to the West line of the Watson Sports Complex ( So. Ln. Lot 19, Blk 3, Essex Est.) -laving no one wishing to be heard, President Selby closed the hearing. unziker moved, McConnell second to adopt Resolution No. 166-91 approv- ng the-project.,Ayes (7), Nays (0).Motion carried. B-4 I Hearing on the proposed Project No. 8608-0-91 J 9185 - St. Const. San. Sewer, Watermain, St. Sewer, Subdrains, and Ser. Connect. on Fox alley Dr. from Salem Rd. S. W. to the W. Ln of Sec. 3, Roch. Twp. ishing to be heard was Ron Bail.ey of Yaggy Colby,and urged the ouncil to approve this project. Having no one else present that ished to be heard, President Selby closed the hearing. Canfield oved, Strain second to adopt Resolution No. 167-91 approving the roject. Ayes (7), Nays (0).Motion carried. ►se 370 Agenda Item B-5 B-7 E-1 RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April 15. 1991 A Hearing on the Final Plat 91-6 to be known as North Park 6th Sub. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. 1648 3rd Avenue S. E. and is representing the applicant. He stated that the five conditions applied to the plat are satisfied and urged the Council to approve the plat. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Bluhm second to adopt Resolution No. 168-91 approving the plat. Ayes (7), Nays (0).Motion carried. A Hearing on the Final Plat of Baihly Woodland Ninth Sub. A replat o- Outlot "A" of Baihly Woodland 8th Sub. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved Canfield second to adopt Resolution No. 169-91 approving the plat with,the following three conditions: 1. _a grading and erosion control plan for the lots in this plat be submitted. 2. Street and utility plan sheets for the public roadway in this plat should be provided to staff. 3. The required parkland dedication for'this plat be satisfied by a cash in lieu of land dedication of $900.00. Ayes (7), Nays (0).Motion carried. A Hearing on the Final Plat to be known as Jensen's Second Sub. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, Bluhm second to adopt Resolutioi No. 170-91 approving the plat. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to approve the exterior design of the new Courthouse building as proposed by the County Facilities Commission and of the site location of the Jail and Court House. Frank Kottschade appeared on behalf ofthe Facilities Commission and presented pictures of the concept plan. Alderman Strain stated that it looked like a 1920's old school building and wanted to know why this design was chosen. Mr. Kottschade stated that they chose a traditional design rather then a modern design which would look dated. Alderman Strain stated that the Civic Center is modern and it is attractive:in contrast to this design which he still maintains is an old design. Alderman Solinger agrees that this is an "old type"looking building. he would like to see a more current design and he feels that the City does not have enough to say about the design of the buildings or the locations including the jail. Alderman McConnell stated that this has moved along and colors and building materials have been agreed on by the governmental bodies involved in the planning. Alderman Canfield stated that he liked the design it has a strong permanent look about it. Alderman Hunziker stated that it is a County building, and not a City building that we are looking at and he is in favor. Roll call vote was taken. Aldermen Bluhm, Canfield, Hunziker, McConnell, and President Selby voted aye. Ayes (5), Aldermen Solinger and Strain voted nay. Nays (2). Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April 15, 1991 Agenda Item E-2 Canfield moved, McConnell second to adopt Resolution No. 171-91 approving a policy concerning placing of booths with the Rochester- fest Street Closing area. This is in regard to the Not -For -profit Participation in the Rochesterfest Activities. This Resolution sets the policy enabling the Rochesterfest Committee to deny the request for booth space in the area within the Street closing. Ayes (7), Nays (0).Motion carried. Alderman Canfield stated that many non- profit groups work for a cause pertinent to the City and that the City Rochesterfest or someone should look for a place to put these groups. E-3 Solinger moved, Bluhm second to approve the installation of a connection to the municipal water system and a headwall and screening system for the Soldier's Field Golf Course., The former pumping of water from the Zumbro River for irrigation purpose will be ceased due to the Corps Project Stage 2B for the Flood Control Project. Ayes (7), Nays (0).Motion carried. E-4 McConnell moved, Hunziker second to instruct the City Attorney to prepare an Ethics Ordinance. Ayes (7), Nays (0).Motion carried. E-5 Hunziker moved, Strain second to instruct the City Attorney to prepare an Ordinance pertaining to employee disclosure of information on suspected violations of any City Ordinance or City Charter as prepared by the City Attorney. Ayes (7), Nays (0). Motion carried. E-6 Hunziker moved, Solinger second to adopt Resolution No. 172-91 supporting a bill to amend,MS 216b.42 to allow municipal electric utilities to provide electric service to any property or facility owned or operated by the City if the property or facility is utiliz ed for a public purpose. Ayes (7), Nays (0).Motion carried. E-7 Hunziker moved, Bluhm second to adopt Resolution No. 173-91 approving a resolution by the Rochester Public Utility Board as follows: A resolution requesting the week of May 5-11 to be designated Drinking Water Week in Rochester, Mn. in order to honor the utility, its employees, and its consumer owners. Ayes (7), Nays (0 Motion carried. E-8 Bluhm moved, McConnell second to approve the following licenses and bonds: The following have applied for Cement Contractors License -received from Cahoon Contracting, Inc. DBA CCI Builders of Rochester, Mn. ; - Mike Lawson of Stewartville, Mn., Kathryn Hexum, Inc. of Rochester, Mn.; Paul McCann dba McCann Concrete Co. of Rochester, Mn.; J.B. Zorteau Construction of Ryans Bay, Zumbro Falls, Mn. Gary Einck DBA Drain Master Plumbing and Heating for a Master Installer and Heating Contractors License. Charles R. Steel DBA Greenside Grill (formerly No. Hills Golf Course ) for an Over -The -Counter Cigarette License. 3'700 3704 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April 15, 1991 Agenda Item E-9 E-10 E-12 E-13 E711 Randall Kennedy dba Midwest Temperatore Control of Falcon Heights Mn. for a Master Installer and Heating License. Request from Maurice Turbenson of Spring Valley Mn. for an Auctioneer License from Jan. 1, 1991 thru Dec. 31, 1991. Request received from Michael D. Fritch dba St. Cloud Refrigeration Inc. St. Cloud for a Heating Contractor's License. The Rochester Art Center for a Temporary 3.2 Beer License for the June 22, 1991 annual art festival. The Rochester Golf and Country Club of Rochester, Mn. for an Annual Dance license from April 1, 1991 thru April 1, 1992. The Knights of Columbus of Rochester for their annual Tootsie Roll Fund Raiser from April 26 - 28, 1991. The Rochester Area Special Olympics for a Walk-A-Thon on May 18, 199' from Soldiers Field bike path to Bamber Valley School., The Rochester Methodist Hospital for its 12th annual life run foot - races and walks on May 4, 1991. Willow Creek Golf Course in Rochester, Mn. for an Annual Dance Lic- ense from April 1, 1991 thru April 1, 1992. Ayes (7), Nays (0).Motion carried. Hunziker moved, Strain second to approve the issuance of an On -Sale Intoxicating Club and Sunday Liquor License for the Rochester Golf and Country Club at 3100 Co. Club Rd. S. W.. The investigation fee was waived because it had previously held a license by the County. This .i.s also contingent upon the sprinkler system being in working order by the end of the summer. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Outdoor Dining permit for DeJa Vu Cafe at 509 First Avenue S. W. with a seven -foot dining area and other conditions previously approved for that location. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to approve the Accounts Payable in the amount of $1,894,954.43 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to adopt Resolution No. 174-91 opposing the Double pension cost of living mechanisms ( 13th Check ) - H.F. 127/S.F. 370 - Police and Fire Pension -Double Cola. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 174A-91 setting a hearing date for Snow and Debris Removal for May 6, 1991. Ayes (7), Nays ,(0).Motion carried. E-14 McConnell moved, Hunziker second to adopt Resolution No. 175-91 awarding the bids for liquid asphalt to Koch Materials Co. for Rapid Cure cutback at .8982 per gallon -.and Northern States Asphalt for Cationic asphalt emumsion at .4286 per gallon: Ayes (7), Nays ( ) Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April 15, 1991 Agenda Item E-15 Bluhm moved, Strain second to adopt Resolution No. 176-91 awarding the low bid of seasons supply of plant mixed bituminous to Shamrock Enterprises for - 2341 mix. at $15.95 per ton - hauling $.15 per mile and 2341 mix. delivered at $19.50 per ton. Ayes (7), Nays (0).Motion carried. E716. Canfield moved, McConnell second to adopt Resolution No. 177-91 approving the following low bids: Rochester Sand and Gravel - washed sand - $3.10 per ton pit run. Shamrock Enterprises - Pit run gravel FOB pit $1.25 ton Pit run gravel delivered $2.95 ton Washed Sand, del. $4.49 per ton 3/4" crushed rock de. $4.49 ton 4"to 6" oversize rock del. $4.39 per ton Quarve Anderson 3/4" crushed rock FOB pit $2'.80 per ton 1/4" rock sealing chips FOB quarry $5.50 per ton 1/4" rock sealing chips del. $7.45 per ton 4" to 6" oversize rock FOB quarry.$2.70 per ton. Ayes (7), Nay5.(0).Motion carried. E-17 Bluhm moved, Strain second to adopt Resolution No. 178-91 authorizing the City Clerk to advertise for bids on a 14,000 GVW Lift truck with a platform lift and utility body. Bids to be opened at 11:00 A.M. on May 1, 1991. Ayes (7), Nays (0).Motion carried. E-18 Strain moved, Hunziker second to adopt Resolution No. 179-91 author- izing the City Clerk to advertise for b'id on the computer maintenanc for the on-line and back-up computer system at the Water Reclamation Plant. Bids to be opened at 11:00 A.M. on May 8, 1991. Ayes (7), Nays (0).Motion carried. E=19 Hunziker moved,.Strain second to authorize the elimination of the current mechanic and assistant mechanic positions from the Rochester Fire Dept. and the hiring of a civilian mechanic in the Fire Dept. effective before June 1, 1991. Alderman Bluhm stated that he had been approached by the members of the Firefighter :.:union and stated they did not have any input into this. Fred Wagner, Personnel- Director,stated that a notice was put on the bulletin Board and that should be sufficient notice: Ayes (7), Nays (0).Motion carried. John Wallace, member representing the Firefighters union wished to be heard and stated that they were not asked to come to any such meeting as the .union or Personnel did not invite them to attend. Mr. Fred Wagner stated that the notice was'put on the bulletin board outside the City Clerk's office and that is all the notice they legally are required to do. E-20 Hunziker moved, Canfield second to adopt Resolution No. No. 180-91 authorizing the Director of the Employee Relations to execute the agreement for summer 1991 and the School Year 1991-1992 Work -Study Agreement with Rochester Community College. Ayes (7), Nays (0). Motion carried. 870,15 3 706 Agenda Item E-21 _:E-22 E-23 E-24 E-25 E-26 E-27 E-28 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned -Meeting No. 29 - April 15, 1991 Bluhm moved, McConnell second to approve the reclassification of Engineering Technician III position to Senior Engineering Tech. Labor Standards, Effective April 16, 1991. Ayes (7), Nays (0). Motion carried. McConnell moved, Solinger second to adopt Resolution No. 181-91 adopting the Personnel Policy Sec. XXIV Motor Vehicle Records/ Reports effective April 16, 1991:.Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the status change of the Production Coordinator position, Music Dept. from 30 hours to 40 hours permanent full-time effective April 16, 1991. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 182-91 setting a hearing on the vacation of a portion of the blanket easements over Outlot B Rolling Meadows Sub. ( John Bouquet ). The hearing will be held on May 20, 1991. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to approve the Preliminary Plat to be known as South Park 2 subject to the following seven conditions: 1. The cul-de-sacs should be labeled "streets" rather than "lanes" 2. Cross sections and profiles for the drainage ditch must be provide This ditch must be constructed as part of this sub. 3. The utility easements located between Lots 2 and 3 Lots 6 and 7 Lots 10 and 11 and Lots 15 and 16, Blk and between Lots 4 and 5, Blk 2 should be at least 15 feet wide. 4. Unit mailboxes should be provided as noted in the memo from the Public Services Dept. dated April 2, 1991. 5. Dedicate the necessary parkland , or cash in lieu of land, as required by the Parkland Dedication Ordinance. 6. The developers should provide a residual description of any annexe lands they own that are not included in this plat. 7. The final plat may not be considered at a public hearing until after the annexation is final. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to adopt Resolution No. 183-91 setting a hearing date for May 20, 1991 on the vacation of a 6&!' util!ity eas platted in.0utlot A at the end of Baihly Summit Dr. S. W. in Baihly Woodland 8th Sub. Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to approve the Annexation by Ordinance on 20.22 acres of vacant land located immediately west of the presen ends of 3rd and 4th St. N. W. west of Manor Park Dr. N. W. (Helen Rabehl ). The City Attorney was instructed to prepare the Ordinance for adoption. Ayes (7), Nays (0).Motion carried. Canfield moved, Strain second to adopt Resolution No. 184-91 approv- ing the Orderly annexation agreement with Rochester Township to annex a portion of.the:ROW for 40th St. S.W. Ayes (7); Nays (0). Motion carried. nt L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 -April 15, 1991 Agenda Item E-29 McConnell moved, Bluhm second to adopt Resolution No. 185-91 approving the extension of the approval Period of the Preliminary Plat of Hunter Hills 2nd Sub. New date of expiration is May 7, 1992. Ayes (7), Nays (0).Motion carried. E-30 Strain moved, Solinger second to adopt Resolution No. 186-91 accepting the low bid of $43,576,99 submitted by Swenke Company for Proejct No. 9102 J 2145 San. Sewer Spot Repairs at various locations in the City. Ayes (7), Nays (0).Motion carried. E-31 Canfield moved, Hunziker second to adopt Resoltuion No. 187-91 approving the engineering contract for Project No. 8608-0-91 J 9185 Basic:Services in Fox Valley Drive. This is with Yaggy Colby, Inc. Rochester, Mn. Ayes (7), Nays (0).Motion carried. E-32 Solinger moved, Strain second to adopt Resolution No. 188-91 authorizing the City Clerk to advertise for bids on Project No. 5511- 89 J 9112 Reconstruction of Memorial Parkway from Trunk Highway No. 14 to 7th Avenue S. W. and on 7th Avenue S. W. from Memorial Parkway to llth St. S. W. Bids to be opened at 11:00 A.M. on May 15, 1991. Ayes (7), Nays (0).Motion carried. E-33 Bluhm moved, McConnell second to adopt Resolution No. 188A-91 authorizing the City Clerk to advertise for bids on Project No. 6223- 1-90 J 9166 - San. Sewer and Watermain Ext. in 23rd St. N. E. from East River Road to serve Lots 13 and 14 Christensen-Sehl Sub. and Others. Bids to be opened at 11:00 A.M. on May 15, 1991. Ayes (7), Nays (0). Motion carried. E-34 McConnell moved, Bluhm second to adopt Resolution No. 189-91 designating 48th St. N. W. from 18th?Avenue N. W. to the east line of Innsbruck 3rd Sub. at Essex Parkway and then from the E. Ln. of Innsbruck 3rd Sub. to Co. Rd. No. 133 as a State Aid Street . Ayes (7), Nays (0).Motion carried. E-35 Strain moved, Hunziker second to adopt Resolution No. 190-91 and 191-91 ordering a feasibility report and ordering a public hearing to be held on May 20, 1991 on Project No. 6204-2-91 J 9168 - Recon- struction of 4th St. S. E. from 1st Avenue S. E. to the E. side of the 4th St. and 3rd Ave. Intersection plus the Reconstruction of3rd Avenue S. E. from 4th St. S. E. to 450 Ft. South. Ayes (7), Nays (0).Motion carried. E-36 Bluhm moved, Hunziker second to adopt Resolution No. 192-9l.approving the Clinic View Inn Passenger Loading and Cab Stands. Ayes (7), Nays (0).Motion carried. :- ;.. . F-1 An Ordinance amending the Roch. Code of Ord. adding Chapter 13; Relating to a Code of Ethics for Public Officials, City Employees and Members of Public Organizations was given its first reading. 3 707 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3 708 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 29 - April 15, 1991 Agenda Item F-1 F-1 F-1 F-1 F-1 F-1 F-1 An Ordinance Amending the Rochester Code of Ordinances adding Chapter 86 relating to Municipal Employement was given its first reading. An Ordinance Relating to Annexation; annexing to the City of RochestE 20.22 acres of land in the N 1/2 of the SW 1/4 of Sec. 32 T 107N R 14W was given its first reading. An Ordinance Amending the Provisions of Ordinance 2721 which pro:. vided for the Rezoning of property in Essex Estates was given its first reading. SoIingerimoved, Strain second to suspend the rules and give this Ordinance a second reading. Upon roll call vote, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain and President Selby voted aye. Ayes (7), Nays (0).Motion carried. Bluhm moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance Amending Sec. 77.02 and 77.03 of the Rochester Code of Ord. relating to the Sewer Service Change System was given its first reading. Bluhm moved, Canfield second to suspend the rules and give this Ord. 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 Ordinance was given its second reading. Strain moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance annexing to th City of Rochester Mn. 16.65 acres of lanc located in the Pt. of the NW 1/4 of the SW 1/4 of Sec. 18, T 106N, R 13W in Marion Twp. was given its second reading. Bl.uhm moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. An Ordinance Amendingrto the Rochester Code of Ordinances Sec. 97.26 Relating to the Creation of a Limousine Franchise in the City of Roci John Byrne - was given its second reading. Solinger moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to adopt Resolution No. 193-91 for the City to enter into an owner contract with-Yaggy'Colby for- Northern:Slopes 6th Sub. ( Payne Company ) Ayes (7), Nays (0).Motion Carried. F-1 McConnell moved, Canfield second to adopt Resolution No. 194-91 approving an owner contract for Basic Construction in Bandel Hills 5th Sub. ( Schmidt -Daley Partnership ) and Road Constructors. This is also with McGhie and Betts, Eng. Ayes (7), Nays (0).Motion carried. ,r RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meetinq No. 29 - April 15. 1991 Agenda Item F-1 Strain..moved, Bluhm second to adopt Resolution No. 195-91 approving an owner contract with McGhie and Betts - Lfberty Manor Townh6mes Jeff Thisius and Road Constructors, Inc. for Watermain. Ayes (7), Nays (0).Motion carried. G-1 Bluhm moved, McConnell second to remove the Preliminary Plat 90-11 Baihly Heights 6th Sub. from the table. Ayes (7), Nays (0).Motion carried. Ron Bailey of Yaggy Colby Assoc. was present and represent- ed the applicant. Mr. Bailey went over the list of conditions and stated that a small piece of land will be annexed as was indicated in the original preliminary plat as submitted. Canfield moved, Strain second to approve the Preliminary Plat with the seven conditioi as listed on the Request for Council Action dated April 15, 1991. Ayes (6), Nays (1). President Selby voted nay. Motion carried. H-1 Wishing to be heard was Robert DeWitz of 602 llth Avenue N. W. and he has two owner..•contracts - one for Diamond Ridge 3rd and the other for Cimarron 14. He would like the Council to approve these at this meeting. His reason was that he could get his bonds by the time that the Public Services received pertinent information that they would need in order to approve these contracts. Since Roger Plumb, Public Services Director only received the grading plans, erosion plans, etc. for these projects this day,he did not have sufficient time to check the contracts and the projects. He urged the Council not to approve these until he had time to check the contracts. Mr. DeWitz said it didn't make any difference if they were checked or not at this point, because he only wanted to get his bonds in order. Alderman Bluhm agred with Mr. DeWitz that it should not make any difference. Mr. Plumb showed slides on the tremendous erosion problems that his office is having and said it did make a difference on types of plans that are being considered in grading, etc. in a subdivision when developed. Council generally agreed with Mr. Plumb and Stevan Kvenvold, City Adm. stated that a good routine should be worked out - a plan submitted in time and then the contract drawn up for Council approval - then presented for execution by-the',Mayor and City Clerk. Council asked Mr. Plumb if he could get these two contracts checked by Monday, April 22, 1991 and Council could consider them at that time. Mr. Plumb stated that he could so that is when this will be brought back to the Council. Having no further business, Strain moved, Canfield second to adjourn the meeting until 4:30 P.M. on April 22, 1991. Ayes (7'), Nays (0). Motion carried. City Clerk 370I S