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HomeMy WebLinkAbout03-15-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 15, 1993 COUNCIL 4065 1 Agenda Item A-1 President Selby called the meeting to order at 7:00 P.M., the follow- ing members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem. Absent:.None. B-1 A Hearing on the Final Plat known as Diamond Ridge Five. Wishing to be heard was Chuck DeWitz of 602 llth Avenue N. W. and was in approval of the conditions as put forth on this plat. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second'to adopt Resolution No. 110-93 approving the plat with. the following conditions: Parkland dedication requirements be met by land dedication of .68 acres. The Dev. credit of .52 acres will be deddcted from this req. The remaining .16 acres must be dedicated with the next plat of Diamo Ridge. The land on which the stormwater detention pond is located should be platted as an outlot and dedicated to the City when all of the nex. Imp. are completed. Prior -.to -the construction of structures, accessibility for fire •vehicles shall be present and maintained and water supplies shall be present and available for fire fighting. A legal desc. for the residual parcels of land within the City limits, but not included in this plat must be submitted with the final plat documents. All Fire Dept. requirements as outlined in the Zoning Ordinance and Land Dev. Manual shall be met. Ayes (7), Nays (0).Motion carried. B-2 A Hearing on the proposed project 8103-90A J 9158 - Street Construct- ion, Curb and Gutter and Storm Sewer in 16th Ave. S.E. from S. Ln. Outlot A Homestead Acres to 8 1/2 St. S. E. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, Crawford second to adopt Resolution No. 111-93 approving the project. Ayes (7), Nays (0).Motion carried. The Consent Agenda covers the following C Items. These were approved by the Council upon motion by Senjem and second by Canfield to approve the following: C-1 Approval of the minutes of March 1, 1993 C-2 Approve of the following licenses and bonds: Auctioneers - Joseph E. Mallery of Shafer, Mn. Auction Permit - Hermann Auction Service for SMECSU sale of Supplies and Library Items 4-3-93 Gambling Roch. Area Habitat for Humanity - Raffle at Assisi Multiple Sclerosis Soc. for 921 Club at 921 Civic Center Dr. Signs - Tom Steinke DBA Edison Signs Long Lake Mn. David A. Buchel DBA Eagle Sign Co. Eden Prairie Mn. Misc.- Roch. Methodist Hosp. 14th Annual Life Run 5-1-93 Central States Water Env. Assoc. SK Run -Walk 5-12-93 Mn. State Fire Dept. Assoc. - Annual Parade - June 5, 1993 School Hgts. n C-3 JApprove the Accounts Payable in the amount of $1,397,371.16 - file is with the City Clerk. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4666 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March ]< 1993 Agenda Item C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 D-1 E-1 Adopt Resolutions 112-93, 113-93 and 114-93 instructing the City Clerk to advertise for bids on Plant Mixed bituminous - cutback asphalt and asphalt emulsion and Sand, gravel and various size crushed rock. Bids to be opened at 11:00 A.M. on April 5, 1993. Adopt Resolutions No. 115-93 and 116-93 instructing the City Clerk to advertise forbids to be opened at 11:00 A.M. on April 12, 1993 for a 36,000 GVWR chassis with street vacuum and catch basin cleaner and 32,000 GVWR chassis with 2100 gallon street flusher. Adopt Resolution No. 117-93 approving the Maintenance Agreement with Olmsted County for routing maint. by the City of 9.71 miles of Co. Roads within the City Limits. The County will pay the City the same rate per mile per year as last year for the subject Maint. Adopt Resolution No. 118-93 approving the Agreement with Olmsted County for Equipment and Operators during the year 1993. Adopt Resolution No. 119-93 approving the two hour limited parking at 304 6th Street S. W. Adopt Resolutions No. 120-93 and 121 - 93 setting a hearing date for April 19, 1993 on the proposed assessments on New Sidewalk No. I - 1991 J 9186. Adopt Resolution No. 122-93 and 123-93 setting a hearing date for April 19, 1993 on the proposed assessment project No. 6204-2-91 J 9168 - St. Reconstruction on 4th St. S. E. from 1st Ave. S.E. to 3rd Ave. S. E. and on 3rd Ave. S. E. from 4th St. S. E. to 400 feet South. Adopt Resolution No. 124-93 and 125-93 setting a hearing date for April 19, 1993 on the proposed assessment on Sidewalk Proejct No. 4-1991 J 9189. Ayes (7), Nays (0).Motion carried. The Consent Agenda was approved. Canfield moved, Crawford second to adopt Resolution No. 126-93 referring the petition for Grading base, bit. surf. con.curb and gutter, san. and storm sewer, watermain and service conn. in propos 19th Ave. from its exis. terminous to the Nly lot In of Lot 18, Allendale to the Public Services Dept. for a feasibility report. Ayes (7), Nays (0).Motion carried. Senjem moved, Petersson second to approve the request for a Limousin Franchise from Specialty Tours, Inc. and instruct the City Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. 1 E-2 Petersson moved, Senjem second to approve the request for a Limousin Franchise for First Limousine Service of Rochester. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 15, 1993 4067 1 Agenda Item E-2 Dan Moulton of 976 14th Avenue S. W., Attorney for the First Limousine Service was present and stated that Item 1 and 2 are two separate corporations. Mr. Moulton stated that they are planning to have a full time staff and their primary customers are Saudi Arabian users. Ayes (7), Nays (0).Motion carried. E-3 Crawford moved, Hunziker second to approve the appropriation of $3,000 from the Contingency Account to provide the funding for the Youth Employment Proejct (YEP) for the Summer Work Project. Ayes (7), Nays (0).Motion carried. E-4- Petersson moved, Senjem second to adopt the following resolutions approved by the Rochester Public Utility Board: Resolution No. 127-93 approving a purchase order with Cooper Power Systems for distribution transformers in the amount of $60,026.00. Resolution No: 128-93 approving a purchase order with Burmeister/ Howard for distribution transformers in the amount of $48,801.00. Resolution No. 129-93 approving a purchase order with Peterson- Wisdorf for cable and conductor in the amount of $38,544..78. Ayes (7), Nays (0).Mot.ion carried. E-5 Senjem moved, Canfield second to approve the Off -Sale Intoxicating Liquor license to Wal-Mart Stores, Inc. DBA Sam's Club located at 3410 55th St. N. W. Ayes (7), Nays (0).Motion carried. E-6 Petersson moved, Hunziker second to approve the transfer of the On - Sale and Off -Sale Non-Intox. Malt Liquor license from Clayton D. Lyke to Richard E. Lyke for Chick's Eastside Inn at 826 4th St. S.E. Ayes (7), Nays (0).Motion carried. E-7 Petersson moved, Hunziker second to approve the Gambling Premise Permits for Rochester Mustang Youth Hockey Assoc. and CJ'S Midtown Lounge. Canfield mvoed, Petersson second to amend the motion to read approve of the types of gambling consistent with those as previous issued. Ayes.(7), Nays (0).Motion carried. The original motion was now voted on. Ayes (7), Nays (0).Motion carried. E-8 Hunziker moved Crawford second to adopt Resolution No. 130-93 instructing the City Attorney to prepare a revised resolution vacating the right-of=way on a portion of the, road ad.7:, to Outl,ot C,Cascade Ridge Sub. --Ayes (7), Nays (0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4068 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 15, 1993 Agenda Item E-9 E-10 E-11 E-12 E-13 E-14 E-15 F-1 F-1 Petersson moved, Crawford second to instruct the City Attorney to draft an Ordinance repealing the previous Zoning classifications under the previous zoning ordinance as it pertains to the Land Development Manual. Ayes (7), Nays (0).Motion carried. McConnell moved, Senjem second to adopt Resolution No. 131-93 awarding the low bid to Elcor Construction for the amount of $48,797.20 for Project 5901-92 J 2158 - Storm Sewer Replacement in 2nd Street S.E. from D.M. and E. Railroad Tracks to Civic Center Drive at 3rd Avenue S. E. Ayes (7), Nays (0).Motion carried. Petersson moved, Canfield second to adopt Resolutions No. 132-93 and 133-93 ordering a hearing to be held on April 5th, 1993 on the Proposed Project No. 9217 J 9266 -Construction of a Water Tower to serve the High Level Dist. in the Rochester Airport Area. Ayes (7), Nays (0).Motion carried. Canfield moved, Crawford second to adopt Resolutions 134-93 and 135-93 authorizing the City Clerk and the Mayor to execute a Signal Construction Agreement with ITL, Inc. and an agreement with the County of Olmsted. Also, authorize a bid opening for April 8, 1993 at 11:00 A.M. Ayes (7), Nays (0).Motion carried. Crawford moved, Senjem second to adopt Resolution No. 136-93 approving the lease agreement for the sublease of the Airport land for farming to Bryce D. and Brenda J. DeCook. This is for the amount of $48,000. per year and they have a two year lease. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to adopt Resolution No. 137-93 awarding the low bid of $36,250.00 submitted by Himec, Inc. of Rochester for the Dechlorination Facilities at the Water Reclamation Plant. Ayes (7), Nays (0).Motion carried. McConnell moved, Crawford second to adopt Resolution No. 138-93 revoking the Agreement made between the City of Rochester and the Coppe Family Trust by Resolution of October 3, 1977 and directing the Public Services Director to establish a barrier to access across unimproved Fifth Avenue S. E. at its intersection with Fourth Street S.E. Ayes (7), Nays (0).Motion carried. An Ordinance creating Sec. 97.28 of the Rochester Code of Ordinances Relating to the Creation of a Limousine Franchise in the City of Rochester was given its first•reading.(Specialty Tours Incorporated ) An Ordinance creating Section 97.29 of the Roch. Code of Ord. relating to the Creation of a Limousine Franchise in thQ City of Rochester was given its first reading ( First Limousine Service of Virginia, Inc. ) r F-1 An Ordinance Repealing Section 8 of Ordinance No. 2785 relating to the Repeal of Ord. 1659, The Rochester Zoning Ordinance of 1972 and reviving certain Ordinances previously repealed was given its RECORD OF OFFICIAL PROCEEDINGS .OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 23 - March 15, 1993 4069 Agenda Item F-1 first reading. Petersson moved, Crawford second to suspend the rules and give this Ordinance a second reading. Upon Roll Call Vote, Councilmembers Canfield, Crawford,Hunziker, McConnell, Petersson, Senjem and Council President Selby voted aye. Ayes (7), Nays (0).Motion carried.. Petersson moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. G-1 Petersson moved, Senjem second to remove the proposed assessment on Project 9100-91 J 9175 San. Sewer Ext. from the Bamber Valley Trunkline alg Mayowood Rd. near the intersec. of Lenwood Dr. to serve Pine Ridge First Sub., plus Watermain Ext. in 20th St. S.W. f near the W. Line of Apple Ridge Sub. and across TH Hwy 52 to serve Pine Ridge First Sub. from the table. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to adopt Resolution No. 139-93 and 140-93 setting a hearing for April 5, 1993 on the above project. Ayes (7), Nays (0).Motion carried. H-1 Terry'Adkins, City Attorney stated for the -record -that a preliminary Injunction was issued. in the case of ILQ, Inc. vs the City of Rochester involving the Downtown Book and Video Store. The Council met privately with the City Attorney as well as Jim Thompson, Attorney with Holmes and Graven who represented the City in this case. They briefed the Council on the impact of the Federal Courts ruling in this matter as well as the various alternatives. Also other legal issues were discussed and the potential for success if this was to proceed. The Council consensus directed that an appeal be filed with the Eighth Circuit of Court Appeals appealing the rendering of the preliminary injunction.In this case, that appeal will be filed within the next week. Having no further business, McConnell mov?d, Senjem second to adjourn the meeting. Ayes (7), Nays (0).Motion carried.