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HomeMy WebLinkAbout02-17-19934050 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 17, 1993 Agenda Item A-1 B-4 President Selby called the meeting to order at 7:00 P.M., the follow• ing members being present: President Selby Councilmembers Canfield Crawford, Hunziker (7:05 P.M.) McConnell, Petersson and Senjem. Absent: None. Petersson moved, Crawford second to approve the minutes of the February 1, 1993 meeting. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat of Eagle Ridge Sub. Wishing to be heard was Ron Bailey of Yaggy Colby Assoc. appearing on behalf of th applicant Rodney Younge. He stated that they have no problem with the eight conditions as placed on this plat and they urged the Counci to approve this. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second to adopt Resolution No. 69-93 approving the plat. Ayes (6), Nays (0).Motion carried. A Hearing on the Final Plat to be known as Foxcroft West Sub. A ;•equest to table this was made by the Public Services Dept. because they did not have a chance to review the grading plan. This grading plan was turned in to that dept. the morning of this meeting. Petersson moved, Senjem second to table this until the 1st day of March. Ayes (6), Nays (0).Motion carried. A Hearing on the Petition to vacate an alley ROW in Blk 21 Original Plat of Rochester. Having no one present that wished to be heard, President Selby closed the hearing. Canfield moved, Crawford second to adopt Resolution No: 70-93 approving the vacation. Ayes (6) , Nays (0).Motion carried. Councilmember Hunziker arrived - 7:05 P.M. A Hearing on the Petition to vacate the south 57.5 feet of 3rd St. NE located south of Civic Center Dr. and north of Dison's Shopping Center. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second to adopt Resolution 71-93 approving the vacation. Ayes (7), Nays (0) Motion carried. A Hearing on the Proposed vacation of the north 60' of the 5 foot wide utility easement located alg the W.lot line of L 1 B 1 Meadow Park 5th Sub. Wishing to be heard was Tim Hanson, Attorney for the Grebin's who petitioned for this vacation. He urged the Council to table this in order for the Grebin's to talk with the gas company about the gas line in this easement. Having no one else present that wished to be heard, President Selby closed the hearing. Before Mr. Hanson spoke, a motion was made by Canfield and second by Hunziker to deny this request. No vote was taken as Crawford then moved, Senjem second to table this until the next Council meeting. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - FEbruary 17, 1993 4051 Agenda Item B-6 A Hearing on the Petition to vacate the portion of the 30 foot wide utility easement located alg the common lot line of Lots 12 and 13 Blk 2, Baihly Meadows Second Sub. Wishing to be heard was Ron Bailey of Yaggy Colby and appeared on behalf of the contract) The Contractor is Flemming Construction. Mr. Bailey stated that a mistake had been made by the contractors and this house was placed 9 feet into the easement. Mr.Bailey stated that the reason for the 30 foot wide easement was because it was planned that a sewer and watermain would be placed in the 30' wide easement. Only a watermain is in the ROW. This would allow this vacation and still have enough room for the watermain to run thru. The Public Services and Water Dept. have no objections to this request. The house is practically built and has been potentially sold. He urged the Council to approve this request. After lengthy Council discussion, the Council wished to speak with Mr. Robert Flemming of Flemming Construction - 2219 Trolls Ct. N.W. and he stated that when they dug the basement they did not know of any problems with easements. Mr. Flemming stated that when they dug the basement they were not aware of a problem. In fact they did not know there was a problem until Mr. Wood,a neighbor came over and stated that they were building on a part of an easement. The frame- work was already in place. Wishing to be heard was Larry Wood at 1942 Fox Valley Dr. Mr. Wood stated that Mr. Flemming knew about the easement before he started to build because he had informed him of this. Mr. Wood stated that he kept on building anyway. Mr. Wood bought this property because of this large easement and he is not willing to be satisfied that this house is built on a utility easement. He also stated that the contractors drove across his lawn and ruined part of his sod, etc. In addition, Mr. Flemming stated that a mix up had occurred in our Planning Dept. due to a drawing that had been submitted and approved and then a second drawing which amended this. However, the Planning Dept. did pencil in the line where the easement was placed, but Mr. Flemming never got that drawing. Thus they went ahead and built in the location they are at present. Mr. Wood stated that he did not want to see the house torn down, but he is unhappy with the situation. And they used his lawn to drive concrete, etc. to the site of Mr. Flemming. Mr. Flemming stated that they would be happy to pay for the damage they caused Mr. Wood. Having no one else present that wished to be heard, President Selby closed the hearing. Canfield moved to accept the easement. Having no second this motion did not carry. After Council discussion, Petersson moved, Canfield second to accept the vacation as recommended with the conditions. After further Council discussion Canfield moved on an amendment to include the builder to furnish the City with a Hold Harmless Agreement holding the builder responsible for damage. )r. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4052 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 17, 1993 Agenda Item P.W. B-7 C-1 C-2 IC-3 IC-4 IC-5 Councilmember Hunziker wanted to know if this satisfies all the concerns of the Council. Dave Goslee, Assistant City Attorney stated that the Hold Harmless Agreement will be O.K. for the City. Councilmember Crawford stated that she would like to make sure that Mr. Wood communicated with Mr. Flemming and that they actually sit down and talk about this situation so they can get their problems solved. Mr. Flemming stated that he would do so. Having no further discussion, vote was taken on the amended motion. Ayes (7), Nays (0).Motion carried. Vote was taken on the original motion. Ayes (7), Nays (0).Motion carried. Resolution No. 72-93 was adopted. A Hearing on the Amended 1993 Final Statement of Community Develop- ment Block Grant Program. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Petersson second to approve the revised final statement indicating the additional $143,000 to be used in the Architectural Barrier Removal activity ,for the Public Services accessibility Curb cut Pro- gram. Total funding would then rise to $270,000.00. Ayes (7), Nays (0).Motion carried. Senjem moved, McConnell second to approve the appointment by Mayor Hazama of Frank W. Hawthorne of 427 6th St. S. W. to the International Affairs Committee. Ayes (7), Nays (0).Motion carried. Canfield moved, Petersson second to approve the appointment by Mayor Hazama to the Park Board: Cris Powers of 1526 Durand Ct. S.E. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to approve the appointment by the Mayor of Mark Sparks of 1422 9th Ave. S. E. - Term to expire May, 1995 and Armin Schroeder of 2642 llth Ave. N. W. - Term to expire Nov. 1992 to the Building Code Board of Appeals. Ayes (7), Nays (0). Motion carried. Petersson moved, Senjem second to approve the following to the Housing Board of Appeals: Robert Chestnutt of 3126 Knoll Lane N. W.; Bob Cline,718 5th St. S.W Raymond Moore 1335 2nd Ave. N. W.; Paul Grinde of 1619 loth St. N. E Joseph Combs of 1103 7th St. S. W. - Terms to expire April 1,1995. Ayes (7), Nays (0).Motion Carried. Senjem moved, Canfield second to approve the appointment of Dennis Olson to the position of Lt./Insp. in the Fire Dept., Fire Prevent- ion Bureau effective March 1, 1993. Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF :THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4®53 Adjourned Meeting No. 21 - February 17. 1993 Agenda Item E-1 McConnell moved, Hunziker second to approve the State Building Code (FEMA) Standards in manufactured.home parks licenses prior to March 1, 1988. Councilmember Canfield stated that he is for this but thinks the Council should give the Park owners 60 days before they approve this. During the 60 days the Park owners would have a chance to comply.. Dave Olson, Assistant City Adm. stated that the County will be the regulatory agency and will govern the time to be completed. Ayes (5), Nays (2), Motion Carried. Councilmembers Canfield and Senjem voted nay. Resolution No. 73-93 was adopted. E-2 IPetersson moved, McConnell second to adopt the following Resolutions approved by the Rochester Public Utility Board: Resolution No. 74-93 approving a purchase order with Bergerson Caswell for turbine pumping units for wells 25 and 26 in the amount of $47,495.00. Resolution No. 75-93 approving a purchase order with Simon -Midwest, Inc. of Watertown South Dakota for one aerial device with utility body in the amount of $73,124.00. Ayes (7), Nays (0).Motion carried. E-3 Petersson moved, Canfield second to approve the following licenses and bonds: Auctioneer - James C.Peterson of Elk River, Mn. Auction Permit - Art Auction by James C. Peterson - Ramada Inn. Cigarettes - Over the Ctr. Aviary Rest. - Lorraine Corp. Gambling - Rochester Area Family "Y" - Raffle at Belfour Hall 4-29- Signs - John Olson - Olson Signs. Ayes (7), Nays (0).Motion carried. E-4 Canfield moved, Senjem second to approve the name change of ownershil for the Off -Sale Intox. Liquor License for Hillcrest Liquor Inc. fror Shirley Keehn Toogood to Shirley Keehn. Ayes (7), Nays (0).Motion carried. E-5 Crawford moved, Petersson second to approve the Accounts Payable in the amount of $946,060.38. File is kept in the City Clerk's Office. Ayes (7), Nays (0).Motion carried. E-6 Petersson moved, Crawford second to adopt Resolution No. 76-93. awarding the low bid of $93,183.00 to Interstate Motor Trucks for two 36,000 GVW chassis and dump boxes with hydraulics for the Street and Alley Dept. Ayes (7), Nays (0).Motion carried. E-7 Petersson moved, Hunziker second to adopt Resolution No. 77-93 authorizing the Mayor and City Clerk to execute the Labor Agreement with IAFF # 520 for 1993,1994, and 1995. Ayes (7), Nays (0).Motion Carried. This is the (Firefighters). 4054 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 21 - February 17, 1993 Canfield moved, Petersson second to adopt Resolution No 78-93 approving the amendment to the Cascade Township Orderly Annexation Agreement indicating that the land in question should be ordered annexed by the Minn. Mun.Board. This is proeprty for the 19th St. ROW between Valleyhigh Dr. N. W. and the Planned West Circle Dr. ROW ( James and Marilyn Fellows). Councilmember McConnell wondered about the hump in the road and was informed that it will be graded down. The drainage problem was also addressed and a Storm Sewer will be run by the property so that shou d be solved. Lights will be put at the entrance to the Athletic Club and on 32nd Avenue N. W. For the Record, Al Weins of Cascade Township Board, 6222 55th Ave. N. W. stated that the Cascade Town Board met and approved this request. They wanted this on record for approval. He did warn tho that public safety should be a factor and considered. Ayes (7), Nays (0).Motion carried. 79-93 ordering the Municipal Board to take action was adopted also. Hunziker moved, Petersson second to approve the Type I Land Sub. Permit 92-22 ( Willow Development ) to permit and subdivide 1.6 acres unplatted parcels into two parcels for dwelling sites. This is located on the western segment of 38th St. S.W. abutting Bamber Ridge Third Sub. Ayes (7), Nays (0).Motion carried. Canfield moved, Hunziker second to adopt Resolution No. 80-93 approving the purchase of 11,060 Sq. Ft. of permanent easement and 6,647 sq. feet in temporary easement from the Doris Toogood property for $7,000.00. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 81-93 and 82-93 declaring the costs to be assessed and ordering a hearing to be held on March 15, 1993 on the Project 8103 - 92A J.9158 - Street Construction, Curb and Gutter and Storm Sewer in 16th Avenue S.E. from South Line Outlot "A" Homestead Acres to 8 1/2 St. S. E. Ayes (7), Nays (0).Motion carried. Senjem moved, Crawford second to adopt Resolution No. 83-93 amending the para. 203 of Sec. B No Parking Zones to read as follows (203) - 14th St. N. W. on the N. side 50 Ft. east and west of 15 1/2 Ave. N. W.; and on the south side from 50 Ft. W. of 15 1/2 Ave. to the W. Driveway into John Marhsall High School at all times. Ayes (7), Nays (0).Motion carried. Canfield moved, Senjem second to adopt Resolution No. 84-93 deleting Para 19 of Sec. H. ( Zone C ) - 30 minute Limited Parking Zones. Ayes (7), Nays (0).Motion carried. This is for removal on 2nd St. N. W./ 500 blk. McConnell moved, Crawford second to adopt Resolution No. 85-93 deleting para. (1.2) of Sec. H Zone (F) - Two Hour ) limited parking from the Comp. Traffic and Parking Res.book. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4055 Adjourned Meeting No. 21 - February 17, 1993 Agenda Item E-15 Canfield moved, Crawford second to adopt Resolution No. 86-93 awarding the low bid (contract) to Nietz Electric in the amount of $39,000.00 for a Traffic Signal Modification on 3rd Avenue Bridge J 6342. Ayes (7), Nays (0).Motion carried. E-16 Petersson moved, Senjem second to adopt Resolution No. 87-93 authorizing the City Clerk to advertise for bids on Dechlorination of the Water Reclamation Plant effluent. Bids to be opened on March 11, 1993. Ayes (7), Nays (0).Motion carried. F-1 There were no F items. G-1 Canfield moved, Senjem second to remove the Mayor's appointment to the Planning and Zoning Commission from the table. Ayes (7), Nays (0).Motion carried. McConnell moved, Canfield second to Re- appoint Robert DeWitz of 909 6th St. N. W. and Lisa Wiesner of 2924 16th Avenue N. W. Terms to be expired in December , 1995. Ayes (6), Nays (1). President Selby voted nay. Motion Carried. A third member for reappointment, Lora Schwartz,resigned before this action was considered. Having no further business Canfield moved, Crawford second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. l City lerk