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HomeMy WebLinkAbout05-06-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3711 CITY OF ROCHESTER, MINNESOTA q3 Regular Meeting No. 31 - May 6, 1991 Agenda Item A-1 President Selby called the meeting to order at 2:00 P.M., the follow- ing members being present: President Selby, Aldermen Bluhm, Canfield, Hunziker, McConnell, Solinger and Strain. Absent: None. Solinger moved, Strain second to approve the minutes of the April 15 and 22, 1991. Ayes (7), Nays (0).Motion carried. C-1 Bluhm moved, McConnell second to approve the appointment by Mayor Hazama of Mark Sparks of 1422.9th Avenue S. E. to the Building Code Board of Appeals - Two year term will run to May, 1993. Ayes (7), Nays (0).Motion carried. C-2 Solinger moved, McConnell second to approve the appointment by Mayor Hazama of Philip Wadkins to the Airport Zoning Board. Ayes (7), Nays (0).Motion carried. C-3 McConnell moved, Solinger second to approve the appointment by Mayor Hazama of Robert J. Maroo of 919 Chalet Dr. N.W. to the Rochester Public Utility Board. The four year term will,r.un until June, 1995. Ayes (7), Nays (0).Motion carried. C-4 Bluhm moved, McConnell second to approve the appointments of Donald Twentyman of 2015 41st St. N. W., Mary Dray, 4301 1st St. N. W. and Joan Isaacson of 925 24th St. N.W. and Marie Wynne Miller of 921 Third Ave. S. E. Terms run to May, 1994. Ayes (7), Nays,(0).Motion carried. This was to the Human Rights Commission. E-1 Solinger moved, Strain second to approve the request and order the City Attorney to prepare an Ordinance on the ordinance amendment to allow holders of the On -Sale Liquor Licenses to serve Liquor at City -owned facilities - this is in accordance with State Law. Ayes (7), Nays (0).Motion carried. E-2 Solinger moved, Bluhm second to establish the maximum assessments for street construction projects in 1991. The recommended rate would continue to be $25.00 per assessment foot for a reconstructed street plus curb and gutter and $17.00 for street pavement where no new curb and gutter is installed. Ayes (7), Nays (0).Motion carried. E-3 McConnell moved, Bluhm second to instruct the City Attorney to prepa an Ordinance pertaining to rules and regulations on the conducting of parades in the City of Rochester, Mn. Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, Strain second .to adopt Resolution No. 201-91 retaining TSP Engineering of Rochester, Mn. to study alternatives to the well water use for the Rochester Municipal Airport. The cost is $2,750.00. Ayes (7), Nays (0).Motion carried. E-5 Solinger moved, Bluhm second to adopt Resolution No. 202-91 authorizing the Mayor and City Clerk to execute the documents and order bids for Federal Paving Project AIP 3-27-0084-06 J 6924 and 6925 - Ayes (7), Nays (0).Motion carried. RECORD -OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 371.2 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - May 6, 1991 l Agenda Item E-6 E-7 E-9 E=10 E-11 Strain moved, Canfield second to adopt Resolution No. 203-91 author- izing the Mayor and City Clerk to execute the Grant Amendment No. 1 for AIP 3-27-0084-03 - City J 6901 - $36,322.51 in additional federal funds for airfield lighted directional signs project. Ayes (7), Nays (0).Motion carried. Bluhm moved, Hunziker second to adopt Resolution No. 204-91 author- izing the Mayor and City Clerk to execute the repurchase agreement and the Partial Release of land from Repurchase Agreement for land - Rochester Student Housing. This clears up some legal language for the person leasing this project. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to approve the following licenses and bonds.: Request for Cement sidewalks, Curb and Gutter and driveways from C.G. Construction of Farmington, Mn. - Seavey-Barker Constructio Grand Meadow Mn. - Tory Keefe Stewartville, Mn . Ken Herold Blacktop Inc. ( asphalt sidewalks, curb and Gutters and driveways. The following applied for a Raffle - Bear Creek Services Foundation - on June 22, 1991 at the Fairgrounds The Rochester Art Center - June 23, 1991 at Central Park. Application for a sewer and drain license from Bruce Bucknell Construction - Racine, Mn. Application received from Wyman D. Jensen, Claremont, Mn. for an Auctioneer's License. Request received -.from the Rochester Track Club for a road race on May 18, 1991 at Essex Park. Request received from the VFW Post 429 - and Post 1215 for their annual poppy days sale on May 10-11 on the streets and sidewalks of the City of Rochester. Request received from the Olmsted Co. Memorial Assoc. for a parade on May 27, 1991 beg. Mayo Ball Park and end. Soldiers Field. Request received from The March of Dimes for their annual Walk America on April 21, 1991 - prior approval was given on this,one. Ayes (7), Nays (0).Motion carried. Strain moved, Solinger second to approve the change in Corporation for MGM Liquor Warehouse Off -sale intoxicating Liquor license to M. G.M. Wine and SPi-rits Inc. dba M.G.M. Liquor Warehouse. Ayes (7), Nays (0).Motion carried Bluhm moved, Hunziker second to 205-91 setting a hearing to be held on June 17, 1991 on Sewer and Water delinquent charged. This is for 195 South Broadway. Ayes (7), Nays (0).Motion carried. Strain moved, McConnell second to adopt Resolution No. 206-91 and 207-91 - setting a hearing for May 20, 1991 on the Sewer/Water Ext. for Projects J 8729, 8752 and 8993;- The total amount is $4,000.00 to be divided according to the percent for each project. Ayes (7), Nays (0).Motion carried. 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 3713 Regular Meeting No. 31 - May 6, 1991 Agenda Item E-12 Bluhm moved, McConnell second to approve the Accounts Payable in the amount of $1,770,981.71 - list on file with the City Clerk. Ayes (7), Nays (0).Motion carried. E-13 Solinger moved, Canfield second to adopt Resolution No. 208-91 awarding the bid for a tank trailer to Walker Stainless Steel Co. in the amount of $33,162.00. Ayes (7), Nays (0).Motion carried. E-14 McConnell moved, Bluhm second to adopt Resolution No. 209-91 awarding the low bid of $64,572.00 to Boyer Ford for a 36,000 GVW dump truck ( 2 ). Ayes (7), Nays (0).Motion carried. E-15 Bluhm moved, Hunziker second to adopt Resolution No. 210=91 awarding the low bid of $34,485.00 for a Xerox 1090 copy machine for City Hall. Ayes (7), Nays (0).Motion carried. E=16 Bluhm moved, Canfield second to adopt Resolution No. 211-91 awarding the low bid of Universal Ford in the amount of $44,353. for a platform lift truck for the Traffic Dept. Ayes (7), Nays (0). Motion carried. E-17 Bluhmmoved, Canfield second to authorize the leave -of -absence of one year for Linda Chandler of the Fire Dept. She is a part= time clerk.Alderman Solinger stated that he was not in favor of this request because if a person came in and filled the job for one year, it would be hard -to give it up. Ayes (6), Nays (1). Alderman Solinger voting nay. Motion carried. E-18 Bluhm moved, McConnell second to approve the.Pr.eliminary Plat 91-10 Bandel Hills 6th Sub. with the following three conditions: 1. A unit mailbox be provided adjacent to Lot 14 placed near the fire hydrant as recommended by Public Services. 2. Parkland dedication requirements be met by a cash payment which will be deducted from the developers credit account as recommended by Park and Rec. 3. Sidewalk on this road will be required because 20 lots are platted along its length from 26th Avenue West. Ayes (7), Nays (0).Motion carried. E-19 McConnell moved, Strain second to approve the request from Yaggy Colby- on behalf of Mike Younge to.initiate.annexation of 5 acres of land that is surrounded by the City limits. Ayes (7), Nays (0). Motion carried. E-20 Solinger moved, Bluhm second to approve the Planned Unit Dev. Pre. Plan Phase to be known as Cheval Estates with the following conditions: 1. The applicant must provide (submit) drainage plan for the area which will outline how the stormwater runoff will be managed. and this must be approved by the Public Services Dept._ In addition, the proposed storm sewer.'should be extended to the back lotline and grouted rip -rap should be placed on the end. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 371.4 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - May 6, 1991 Agenda Item E-20 E-21 E-22 E-23 E-24 2. A construction staging and phasing plan must be submitted. This plan must detail the timing.of the construction and demolition and location of construction equip. and parking during the bldg.phase. 3. The applicant must work with the RPU Water Div. for watermain sizing and location - The distribution system must also be completed by the Dev. 4. Utility easements as req. by RPU must also be dedicated. 5. The front of all garages must be at least 20 ft. from the pavement. Lots 1-6 the 20' setback must be measured from the closest point of the pavement. 6. A final plat must be submitted. The utility plan and profile must be attached to the plat documents. 7. The homeowner's documents should also address locational criteria for detached accessory blgds, decks, swimming pools and other accessory structures. In addition covemants should speak to speed control and speed awareness. 8. There is a 1.01 acre parcel of land located west of the PUD boundary which.is owned by the applicant. The final plan must address what will be done with this parcel. 9. The Parkland dedication requirements must be satisfied according to the requirements of the Park and Rec. Dept. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to adopt a Resolution No. 212-91 approvi the 37th Street N. W. Bridge Replacement and agreeing to pay the City's share of the project cost which is $482,500. The Co. share is $312,500. and the State of Mn. $1,075,000.00. Total cost is $1,870,000. Ayes (7), Nays (0).Motion carried. Strain moved, Hunziker second to adopt Resolution No. 213-91 author- izing the execution of a lease agreement for the property at 910 6th St. S. E. with Ms. Nancy Delboy - this is needed for the. -Flood Control Project and the terms ofthe lease is $400.00 per mo. plus utilities. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 214-91 and 215-91 declaring the costs to be assessed and ordering a public hearing .for June 17, 1991 on Project No. 6206-3-89 J 9067 - Street Reconstruction on 6th St. S. W. - 4th Avenue to loth Ave. S. W. Ayes (7),..Nays (0).Motion carried. train moved, Hunziker second to approve the advertising for bids on May 31, 1991 on Project No. 8608-0-91 J 9185 - Basic Construction in Fox Valley Dr. from Salem Rd. to W. Line Sec. 3 - Ayes'(.7), Nays,(0).Motiod carried. :Hunzi.ker moved, Solinger second to recon- sider.Ayes (7), Nays (0).Motion carried. Hunziker moved, Canfield second to advertise for the bids and that the bids would be accepted only if the signed agreement approving the payment.of assessments was in the hands of the City. Res. 216-91 was accepted. Ayes (7), Nays (0).Motion carried. 1 Agenda Item E-25 E-26 E-27 E-28 E-29 E-30 E-31 E-32 E-33 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 - May 6, 1991 Strain moved, Solinger second to adopt Resolution No.217 -91 authorizing the City to -accept a proposal by McGhie and Betts, Inc. to perform engineering services on Project No. 9101 - J 9176 - San. Sewer Trunkline East of the East ROW of West Circle Dr. from the inplace Co. Club Manor- Tkln at 3rd St. N.W. to the S. Side of 2nd Street S. W. to serve the Rochester Golf and Country Club!and others. Ayes (7), Nays (0).Motion carried. McConnell moved, Bluhm second to adopt Resolution No. 218-91 approving an engineering proposal from McGhie and Betts, Inc for Project No. 91012-90 J 9171 - San. Sewer Trunkline along the E Ln of West Circle Dr. 2rd St. N.W. to So. Side of 2nd St. S. W. Ayes (7), Nays (0).Motion carried. Solinger moved, Hunziker second to adopt Resolution No. 218A-91 authorizing the City Clerk to advertise for bids on Project No. 9010- 91 J 9170 - Construction of Essex Parkway from West River Rd. (Co. Rd. 133) to the W. Ln of the Watson Sports Complex ( So. Line Lot 19, Blk 3 Essex Estates ). Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 219-91 ordering a hearing to be held on June 3, 1991 on Project No. 9106- J 9193 - San. Sewer, Watermain , Service Connections in 23rd Avenue S. W. 4th St. S. W. and Highland Ct. S. W. Ayes (7), Nays (0).Motion carried. Resolution 220-91 was also adopted. Hunziker moved, McConnell second to adopt Resolution 221-91 awarding the low bid contract to H & H Electric for City Project CBD Signal System Phase III J 6306 in the amount of $24,420.00. Ayes (7), Nays (0).Motion carried. Bluhm moved, Canfield second to adopt Resolution No. 222-91 approving a Parking Petition - 7th St. and 8th St. S. W.; 12th and 13th Ave. - No Parking Zones. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 223-91 setting a hearing to be held on May 20, 1991 on the proposed Zoning Manual and Land Dev. Manual. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 224-91 initiating a Flex -Benefits Program to enter into agreements which allow the program to be administered by EBP and enrollment to be conducted by Enrollers/Midwest, Inc. Ayes (7), Nays (0).Motion carried. Hunziker moved, Bluhm second to adopt Resolution No. 225-91 adopting the Personnel policies;' Sec. IX Working hours and Overtime pay and Section XII Vacations with proposed changes. Ayes (7), Nays (0).Motioi carried. 43 -1.5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL °���"� CITY OF ROCHESTER, MINNESOTA Regular -Meeting No. 31 - May 6, 1991 Agenda Item E-34 E-35 E-36 IE=37 F-1 F-1 F-1 F-1 F-1 F-1 Hunziker moved, Strain second to adopt Resolution No. 226-91 and 227-91 ordering a feasibility report and a public hearing for June 3, 1991 on the Sidewalk Replacement Project No. 4-1991 J 9189. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to adopt Resolution No. 228-91 and 229-91 ordering a hearing and approving a feasibility report - Hearing - June 3, 1991 on New Sidewalk Project No. 2-1991 J 9187. Ayes (7), Nays (0).Motion carried. McConnell moved, Hunziker second to adopt Resolution No. 230-91 and 231-91 approving the feasibility report and ordering a public hearing to be held on June 3, 1991 on New Sidewalk Project No. 1-1991 J 9186 - Ayes (7), Nays (0).Motion carried. Bluhm moved, Strain second to adopt Resolution No. 232-91 and 233-91 approving the feasibility report and ordering a hearing to be held on June 3, 1991 for Sidewalk Replacement No. 3-1991 - Ayes (7), Nays (0).Motion carried. An Ordinance Amending the Sec. 77.02 of the RCO Relating to the Sewer Service Charge System. This was given its first reading. Solinger moved, Bluhm second to suspend the rules and give this 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. Solinger moved, Canfield second to approve the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance. Creating Sec. 125A.041 of the RCO Relating to the Dispensing of Liquor at Municipal Facilities was given its first reading. An Ordinance Creating Chap. 144 of the RCO Relating to the Regulati of Parades was given its first reading. Bluhm moved, Solinger second to adopt Resolution No. No. 234-91 approving an Owner Contract with McGhie and Betts for Watermain Ext. E. of Apache Lane S.W. at Toys R Us in Lot 3, Blk 1, Apache Village. Ayes (7), Nays (0)..Motion carried. Solinger moved, Canfield second to adopt Resolution No. 235-91 approving.an Owner Contract with Yaggy Colby for Basic Construction in Lincolnshire Fourth Sub. - Younge Builders and Roch.Sand and Gravel. Ayes (7), Nays (0).Motion carried. McConnell moved, Strain second to adopt Resolution No. 236-91 approving an owner contract with McGhie and Betts for Basic Construction in North Park 6th Sub. - S.L. Contracting, Inc. Ayes (7), Nays (0).Motion carried. 1 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 CITY OF ROCHESTER, MINNESOTA °„���"�� Regular Meeting No. 31 - May 6, 1991 Agenda Item A-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. B-1 A Hearing on the Proposed assessments on Project No. 8608-0-89 J 9125 - San. Sewer and Watermain in West Frontage Rd. CSAH No. 8, Future Fox Valley Dr. and Baihly Heights 5th Sub. Having no one present that wished to be heard, Cnafield moved, McConnell second to adopt Resolution No. 237-91 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the Previously Postponed Assessment on Project 6257-83 J 8589 - Water Tower, Booster Station and Connecting Trunk Mains to serve High Level Dist. North of Salem Rd. and East of CSAH 122 - Baihly Water Tower. Having no one present that wished to be heard, President Selby closed the hearing. Strain moved, Hunzik second to adopt Resolution No. 238-91 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Proposed Assessments on Snow and Debris Removal for the City of Rochester. Having no one present that wished to be heard, President Selby closed the hearing. Solinger moved, McConnel' second to adopt Resolution No. 239-91 and 240-91 accepting the assessments. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Proposed assessment on Project No. 6309-2-89 J 9065 - Grading and Surfacing, Curb and Gutter on 9th Avenue S. E. from 6th St. S. E. to llth St. S. E. Roger Plumb, Public Services Dir. stated that he had a parcel that was questioned and he would appreciate a chance to check this out before the Council adopted the assessments. Wishing to be heard was Marie WIlson of 1020 9th Ave. S. E. and she stated that she had a crack in her sidewalk and Public Services will check this. Wishing to be heard was Norm Swenski of 928 9th Avenue S. E. and stated that the contractors did a poor job in landscaping and fixing the ground like it was before the project began. Public Services will check this also. Having no one else present that wished to be heard, President Selby closed the hearing. Strain moved, Soligner second to table this until the Public Services Dept. check on this project. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Planned Unit Development ( Amended Final Plan Phase ) to be known as Samaritan Bethany Nursing Home. Having no one present that wished to be heard, President Selby closed the hearing. Bluhm moved, Hunziker second to adopt Resolution No. 241-91 approving the plan subject to the following four conditions. 1. Signage on the site is limited to the existing sign and the new sign proposed in the SW corner of the site. The sign may not exceed 24 sq. ft. in area or 10' in hgt. The sign must also be moved outside of the traffic visibility zone, which is a triangle formed measuring 25' back from the intersection of the lot -line. 371.8 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 31 - May 6, 1991 Agenda Item B-5 B-7 H-1 2. The site grading plan must be approved by the City Public Services Dept. prior to construction. 3. If .the existing trees on the SW corner cannot be preserved , land• scaping must be provided alg the W. side of the new parking lot. 4. The future day-care addition must be constructed of materials similar to the color and appearance of the existing buildings. Ayes (7), Nays (0).Motion carried. Res. 241-91 was adopted. A Hearing on the Final Plat of Glendale Hills Sub. Wishing to be heard was Dave Morrell of McGhie and Betts, Inc. on behalf of the Dev. and was present for any questions the.,*Council may have. Dick Hexum of Rochester, Mn. was present that questioned if the Council could refund or credit him for $15,000 cash that he had to pay the City for paths etc. in Quarry Hill. Gary Neumann, City Adm. Office stated that he was sure the time to credit the dollars spent on the paths, etc. had run out, but he would check to be sure. Also, Roger Plumb, Public Services Dir. stated that assessments have not been paid and he recommended that we not proceed until these are paid. Having no one else present that wisher to be heard, President Selby closed the: hearing. Bluhm moved, Canfield second to adopt Resolution No. 242-91 approving the plat subject to the unpaid assessments being paid and.with the following two conditions: 1. That the applicant provide private restrictive covenants to be recorded with the plat which limit the use of each lot for one single family dwelling. The City should initiate the rezoning of all R-2 and R-3 zoned lots in this area.used for single family dwellings to the R-1 zoning district. and 2. This plat will require cash dedication of $5,695.00 to satisfy parkland dedication requirements based upon limitations on the use of the lots for only single family dwellings. Ayes (7), Nays (0).Motion carried. A Hearing on the Petition to vacate Lot 2, Blk 5, Villa Meadows Sub. Having no one present that wished to be heard, President Selby closed the hearing. Staff recommended that this not be adopted because the easement is needed. McConnell moved, Hunziker second to deny the request. Ayes (7), Nays (0).Motion carried. A Hearing on the Petition to vacate Lot 1, Blk 2 , Northern Slopes. Having no one present that wished to be heard, President Selby. closed the hearing. Canfield moved, Bluhm second to adopt Resolution No..243-91 approving the vacation. Ayes (7), Nays (0). Motion carried. This is subject to the telephone line being relocated at the owners expense. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to adopt Resoltuion No. 244-91 opposing legislation House File 397 and Senate File 263- and; repealing Statute Chapter 207A repealing the Presidential Primary to be conducted April 7, 1992: Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIALPROCEEDINGSOF THE COMMON Regular Meeting INo. 31 RWHE�ST55gVINNESOTA COUNCIL 3 7-1_9 1 (Agenda Item F-1 lAn Ordinance Rezoning property to PUD-90-5 1659 of the Zoning -Ord. was given its first reading. ( Sam Bethany Nursing Home ). F-1 An Ordinance Relating to the Zoning Code of the City of Rochester establishing Flood Plain Provisions was given its second reading. Bluhm moved, Strain second to adopt the. Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 Bluhm moved, Strain second to adopt an Owners contract with Yaggy Colby for Basic Construction - Northern Heights E. 7th Sub. ( Payne Co. ). Ayes (7), Nays (0).Motion carried. Res. 245-91 was adop F-1 An Ordinance Granting a Non -Exclusive Franchise to People's Cooperative Power Association, Inc. its successors and assigns to construct, operate, repair and maintain in certain portions of the City of Rochester, electric service to the City, its inhabitants and others; est. certain standards and fees, and amending the RCO by adding a Chapter 98 thereto was given its first reading. Strain moved, Solinger second to suspend the rules and give this 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. Strain moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Hunziker moved, Strain second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. �C• City Clerk Ited .