HomeMy WebLinkAbout05-17-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjoufr.ned Meeting No. 28 - Play 17, 1993 4091
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 of Bel Air Seventh Sub. Wishing to be
heard was Bill Tointon of McGhie and Betts representing the applicant
who are Mohn and Penz. He stated that he had no problems with the
conditions on the plat. Wishing to be heard was Greg Cooper of 1103
34th St. N. W. and stated that he is speaking for the neighbors and
they are all in favor of this plat. Having no one else present
that wished to be heard, President Selby closed the hearing. Senjem
moved, Canfield second to adopt Resolution No. 222-93 approving the
plat with the six conditions as listed on the Request for Council
Action under the Planning Staff Review and Recommendations. Ayes (7)
Nays (0).Motion carried.
B-2 A Hearing on the Final Plat known as Foxcroft West Second Subdivision.
Wishing to be heard was John Klopp, representing Foxcroft and he is
in agreement with the conditions and is present for any questions the
Council may have. Having no one else present that wished to be heard,
President Selby closed the hearing. McConnell moved, Crawford second
to adopt Resolution No. 223-93 approving the plat with the three
conditions as listed by the Planning Staff Review and Recommendations.
Ayes (7), Nays (0).Motion carried.
B-3 A Hearing on the proposed project 6502-93 J 9281 - Basic Construction
in 19th Avenue N. W. from the N. Ln Stevens Court Sub. to the North
Ln of Lots 7 and 18, Allendale Sub. Having no one present that wished
to be heard, President Selby closed the hearing. Council questioned
the fact that one of the adjoining owners had not agreed to dedicate
the ROW property. Al Toddie, Public Services Dept. stated that they
ould probably be agreeable in the near future to dedicate the necessa
OW. Wishing to be heard was one of the property owners - Bill
Fitzgerald of 2505 Lenox Ct..S.W. and he stated that he and the other
roperty owner - Jack Stackowitz would agree. Having no further
iscussion, Petersson moved, Canfield second to adopt Resolution No.
24-93 approving the project upon the condition that the properties
e dedicated. Ayes (7), Nays (0).Motion carried.
B-4 Hearing on the Type III Phase II PUD Amendment 93-2 to amend PUD
-48 Greenview Townhomes. Wishing to be heard was John Klopp, 1811
reenview Place S. W. He agrees with all the conditions as placed
n this by the Planning and Zoning Commission and urged the Council to
approve this. Mr. Klopp stated that condition No. 5 would be desirable
o have "prior to occupancy" rather then the stated prior to "construc-
ion".
fishing to be heard was Lenore Rivers of 1911 Greenview Place,
1ary Moehlke of 1782 Greenview Lane S. W., Doris Johnson of 1903
reenview Place S. W. They were all concerned about where the drainage
ould go .if this PUD was built. They are concerned about the increased
raffic that this would generate and the parking. They would like thes(
oncerns addressed before they could support this.
.y
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4092 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - May 17, 1993
Agenda
Item
IM
C-1
President Selby, questioned the drainage factor. Jane Kansier of the
Planning Dept. stated that the Pt:blic Services Dept. addresses the
drainage and should be drained in the street and then into a sewer,
not into their backyards. Traffic would be improved much if a
couple of stop signs are installed and the Public Services Traffic
Dept. will look into that. The parking will be put into a parking
area on the property and not into their cul-de-sac.
The item of Storm shelter was brought to the attention of the Council.
Mr. John Klopp , Greenview Dr. stated that they had no plans for
constructing a storm shelter and they were not required to have one.
Mr. Klopp also stated that he was going to build this above the
flood level . Mr. Klopp also stated that he would like to have the
requirement to construct sidewalks eliminated from the conditions.
He stated that no one else in the area has them. Having no further
discussion, Canfield moved, Petersson second to adopt Resolution
No. 225-93 approving the request with the conditions with the
correction in the work " prior to occupancy" instead of "Construction"
and to eliminate the request for sidewalks. Ayes (.7), Nays (0).
Motion carried.
A Hearing on the Land Sub. Permit ( Preliminary Plat for Diamond Ridgl
Six. Wishing to be heard was Chuck DeWl tz of 602 11th Avenue N. W.
He stated that the wetlands issue has not been solved yet and he
wished to have the Council table this until he can get it done.
Having no one else present that wished to be heard, President Selby
closed the hearing. Petersson moved, McConnell second to table this
until June 7, 1993. Ayes (7), Nays (0).Motion carried.
A Hearing on the Petition to vacate the Restoration Square Properties,
Wishing to be heard on this was Don MacLeod, representing the Restorai
Square Properties.- He presented pictures of the property. 111r. Roger
Plumb, Public Services Director stated that he would like to have
a larger area on the turn into the alley. This is especially needed
when they plow snow.
Wishing to be heard was Bill Adamson of 2705 Salem Rd. S. W. He is
generally in favor of this but wants a permanent easement approved
instead of a temporary. Wishing to be heard was Mary Hayek of 1112
2nd St. S. W. and owns the building behind this area. She is concernec
out the water IF the Public Services plow the snow in a big pile
on the parking lot. It will melt and drain into her basement.
Having no one else present that wished to be heard, President Selby
closed the hearing. Councilmember Canfield was concerned about the
question brought before the Council on drainage. He was assured by
the Public Services Dir. Roger Plumb that this will be addressed.
Having no further discussion, Petersson moved, Canfield second to
adopt Resolution No. 226-93 approving the request with the "Permanent
Easement" being given and going stright down to 5th Avenue. Also
included in the motion was the three conditions. Ayes (7), Nays (0).
Motion carried.
Canfield moved, McConnell second to approve the Consent Agenda C-1-8
as follows:
ion
1
0
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting •No . 28 - May 17, 1993 4093
Agenda
Item
C-1 Approve the minutes of the May 3, 1993 meeting.
C-2 Approve the following licenses and bonds:
Auctioneer - David S. Hansen , Rochester, Mn.
Gambling - Rochester Art Center - Raffle 6-19-6-20
Master Plumber — Property Repair.Service, Mpls, Mn.
Sidewalks - Jim Byrne Construction, Stewartville, Mn. and Rice
Bu.ilding Systems, Inc. - Richard 0. Hansen Sauk Rapids, Mn.
Misc. Cycling Club of Rochester Race 6-20-93
Salvation Army Donut Tag Sales-6-3-6-4, 1993.
C-3
Adopt Resolution No. 227-93 setting a hearing for June 7, 1993
on the assessment of outstanding weed, tree and snow removal billings
and sewer and water outstanding amounts'.
C-4
Approve the Accounts Payable in the amount of $824,116.42 - list
on file with,the City Clerk.
C-5
Adopt Resolution No. 228-93 authorizing the City Clerk to advertise
for bids to be opened at'11:00 A.M. on June 2, 1993 on the Asbestos
Abatement of four residential properties - 910 6th St. S.E., 903
6th St. S.E.; 516 9th Ave. S.E. and 425 8th Ave. S.E. for Stage
4 of the Flood Control Project. J 4883-40.
C-6
Adopt Resolution No. 229-93 authorizing the City Clerk to advertise
for bids on Project 6311-4-92 J 9242 - Construction of llth Ave. NW
from 34th St. N. W. to 37th St. N.W. Bids to be opened at 11:00 A.M.
on June 16, 1993.
C-7 Adopt Resolution No. 230-93 authorizing the City Clerk to -advertise
for bids to he opened at 11:00 A.M. on June 16, 1993 on Project 6311-
4-92A J 924 -- Construction of Con. Curb and Gutter and Driveway
approaches on the West side of llth Ave. NW from 10 to 12th St. NW.
C-8 Adopt Resolution No. 231-93 authorizing the City Clerk to advertise
for bids to be opened at 11:00 A.M ion June 16, 1993 on Project 6205
4-92 J 2155 - St. Sew. Replacement in 2nd Ave. NW from N.Ln DM&E to
5th St. NW and in 5th St. NW from 2nd Ave. NW to N. Bdwy.
E-1 Petersson moved, Crawford second to approve the City's membership
to the Minnesota Association of Cable Television Administrators.
Ayes (7), Nays (0).Motion carried.
E-2 Senjem moved, Petersson second to amend Section 73.04 of the Rocheste,
Code of Ordinances in accordance with the revisions - this is
for sidewalk obstruction ( Ordinance ). Ayes (7), Nays (0).Motion
carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER MINNESOTA
4094 Adjourned Meeting No. 28 - May 17, 1993
Agenda
Item
E-3
E-4
E-5
E-6
E-7
E-9
E-10
E-11
Crawford moved, Hunzi-ker second to approve entering into a contract
with Yaggy Colby for the design of streetscape improvement related
to the Library Ramp, and Skyway. Ayes (7), Nays (0).Motion carried.
Resolution No. 232-93 was adopted.
Senjem moved, Crawford second to adopt Resolution No. 233-93
ordering a feasibility report for the installation of pedestrian
lighting- for Second Street S.W. between Broadway and First Ave.
Ayes (7), Nays (0).Motion carried.
Canfield moved, Petersson second to adopt Resolution No. 234-93
ordering a hearing for June 21, 1993 on the Project 6202-3-92A
J 9219 - Pedestrian Lighting on Second St. S.W. from Broadway to
First Ave. S W. Ayes (7), Nays (0).Motion carried. .
McConnell moved, Petersson second to adopt Resolution No. 235-93
authorizing the City Clerk to advertise for bids on Project 6202-3-9"
Pedestrian Lighting Second St. S. W. Bids to be opened at 11:00 A.M.
on June 16, 1993. Ayes (7), Nays (0).M6tion carried.
Senjem moved, Canfield second to adopt Resolution No. 236-93
approving the low bid of Elcor Construction Co., Inc. for an overlay
with asphalt of the N.W. end of the General Aviation Ramp, Schedule
I, and overlay the Rent -a- Car parking area Schedule II - This is
for AIP 1-3-27-0084-08 SP 5501-74 J 6954 and J 6955. The total
bid is $75,835.00. Ayes (7), Nays (0).Motion carried.
Petersson moved, Crawford second to adopt Resolution No. 237-93
approving the contract with Premier Electrical Corp. of Mpls, Mn.
for the installation of Airfield lighted signs , new beacon and
electrical regulator. This is for AIP - 1-3-27-0084-08 SP 5501-74
J 6994. The low bids is $283,265.00. Ayes (7), Nays (0),
Motion carried.
Hunziker moved, Crawford second to adopt Resolution No. 238-93
approving the State Aid Agreement for the purchase of a small tractor
mower with broom for the Rochester Municipal Airport. This is in the
amount of $10,852.35 total with the State paying 2/3 Local 1/3.
Ayes (7), Nays (0).Motion carried.
Petersson moved, Hunziker second to adopt Resolution No. 239-93
approving a resolution of the Public Utility Board approving a
invoice from the Minnesota Pollution Control Agency for the 1993
emission fee for the Silver Lake Plant in the amount of $45,465.56.
Ayes (7), Nays (0).Mdt.i.on carried.
Hunziker moved, Canfield second to approve the waiver of the noise
ordinance to allow music to be played at 918 Ninth Ave. S.W. from
7:00 to 10:00 P.M. on June 12, 1993. Ayes (6),Nays '(1). Councilme
McConnell voted nay. Motion carried.
1
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 4 - Adjourned Meeting No. 28 - May 17, 1993
Agenda
Item
E-12 Canfield moved, McConnell second to approve the request by the
Kahler Corporation DBA Kahler Liquors for the Off -Sale Intoxicating
Downtown Exclusive Liquor License for 20 Second Ave. S. W.
Ayes (7) , Nays (0) Motion carried.
E-13 Senjem moved, Petersson second to adopt Resolution No. 240-93
approving the amendment to the Contract IUOE # 70 WRP Ayes (7),
Nays (0).Motion carried.
E-14 Hunziker moved, Petersson second to adopt Resolution No. 241-93
setting a hearing for June 21, 1993 on the proposed vacation of the
southern 3' of the 10' wide utility easement alg the north property
boundary of Lot 7, No. Slopes 7th Sub. Ayes (7), Nays (0).Motion
carried.
E-15 Hunziker moved, Petersson second to adopt Resolution No. 242-93
setting a hearing for June 21, 1993 on the proposed vacation of the
10' wide utility easement alg the common lot line of Lots 5 and 6,
Block 4 and Lots 10 and 11 Blk 4 Green Meadows Fifth Sub. Ayes (7),
Nays (0).Motion carried.
E-16
McConnell moved, Petersson second to adopt Resolution No. 243-93
adopting the proposed fees for the Rochester Land Dev. Manual as
outlined in the resolution. Ayes (7), Nays (0).Mo,ttton carried.
E-17 Hunziker moved, Crawford second to adopt Resolution No. 244-93
authorizing the payment of $6,820. to Dorothy Hultquist for the
acquisition of 6,321 in permanent channel easement. This is for
property at 836 9th Avenue S.E. and is needed for the Flood Control
Project. Ayes (7), Nays (0).Motion carried..
E-18 Hunziker moved, Canfield second to adopt Resolution No. 245-93 autho
izing the payment of $8,200. to Charles and Kimberly Fiss for the
acquisition of property 609 loth Ave. S. E. Stage 4 Flood Control
Project. Ayes (7), Nays (0).Motion carried.
E-19 Petersson moved, Hunziker second to adopt Resolution.No. 246-93
authorizing the execution of a Revocable Permit Agreement with
Mr. R.H. Payne for the Payne Company Lot 7, Blk 1, No. Slopes 7th
Sub. Ayes (7), Nays (0).Motion carried.
E-20 McConnell moved, Hunziker second to adopt Resolution No. 247-93 and
248-93 ordering a feasibility report and ordering a hearing for June
7, 1993 on Sidewalk Replacement Project No. 5-1993, J9276 and
Sidewalk Replacement work in the SE -area. Ayes (7), Nays(0).Motion
carried.
E-21 Canfield moved, Crawford second to adopt Resolution No. 249-93 and
250-93 ordering a feasibility report and a public hearing for June
7, 1993 on Sidewalk Replacement Project 6-1993 J 9284
various areas in the downtown. Ayes (7), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4096 CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - May 17, 1993
Agenda
Item
E-22
E-23
E-24
E-25
E-26
E-27
E-28
E-29
E-30
E-31
Petersson moved, Canfield second to adopt Resolution No. 251-93
and 252-93 ordering a feasibility report and a public hearing for
June 7, 1993 on Project 6219-4-93 J 9269 - Street Construction on 191
Street N. W. from Valleyhigh Drive to West of 32nd Ave. N. W.
Ayes (7), Nays (0).Motion carried.
Petersson moved, Senjem second to adopt Resolution No. 253-93
authorizing the City.Clerk to advertise for bids for up to four
low floored buses. Bids to be opened at 11:00 A.M. on July 12,
1993. A motion was also included to withdraw the award to Minnesota
Body and Equipment for the purchase of up to three buses. The
City Attorney indicated that the State law does not allow for a
negotiated purchase ( with Duluth ) for the purchase of the three
buses that were bid. Ayes (7), Nays (0).Motion carried.
McConnell moved, Crawford second to adopt Resolution No. 254-93
awarding the low bid of $339,445.85 submitted by Road Constructors
for Project No. 6,203-3-92 J 9191 - Reconstruction of 2nd St. S.W.
Broadway to 2nd Ave. S.W. from 2nd Avenue to 5th Ave. Ayes (7),
Nays (0).Motion carried.
Senjem moved, McConnell second to table the Parking removal of 14th
Avenue N.W./ 4600 and 4700 blocks. Ayes (7), Nays (0).Motion
carried.. This will be brought back to the Council on June 7, 1993.
McConnell moved, Crawford second to adopt Resolution No. 255-93
adding para 314 to Sec. V No Parking Zone - No. Frontage Rd. of
55th St. N. W. on the s. side from 26th Ave.to Bandel Rd. at all
times and on the N. side from 28th Ave. to Bandel Rd. at all times.
Ayes (7), Nays (0).Motion carried.
Senjem moved, Petersson second to adopt Resolution No. 256-93
adding Para (255) and 257) to Sec. B No Parking Zones to read:
as stated on the Resolution. Ayes (7), Nays (0).Motion carried.
Petersson moved, Crawford second to adopt Resolution No. 257-93
awarding the low bid submitted by Doyle Conner Co. for Handicap
Accessible Ramp Const. Project No. 1-1993 J 9272 in the amount of
$58,462.00. Ayes (7), Nays (0).Motion carried.
Crawford moved, McConnell second to adopt Resolution No. 258-93
awarding the low bid of Doyle Conner for Handicap Accessible Ramp
Project No. 2-1993 J 9273 - in the amount of $67,549.00.
Ayes (7), Nays (0).Motion carried.
Petersson moved, Senjem second to adopt Resolution No. 259-93
approving the low bid of Doyle Conner for Handicap Accessible Ramp
No. 3 - 1993 J 9274 - in the amount of $51,791.00. Ayes (7), Nays
(0).Motion carried.
Hunziker moved, Petersson second to adopt Resolution No. 260-93
awarding the low bid of $19,924 for each year up to two years for
Computer Maintenance Contract for the Water Reclamation Plant -
computer. Ayes (7), Nays (0).Motion carried.
1
RECORD OF' OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 28 - May 17, 1993 4 0 9 7
Agenda
Item
E-32 .1 Canfield moved, Petersson second to approve the request for firework!
displays on July 2, 1993 and Sept. 2, 1993 following the Rochester
Aces Baseball Games at Mayo Field. Ayes (7);,Nays (0).Motion carried
F-1
An Ordinance Amending Rochester Code of Ord. 73.04 relating to
obstruction of Public Thoroughfares in the City of Rochester. This
was given its first reading.
F-1
An Ordinance Amending Ord. 2853 annexing to the City 1.58 acres of
land in Sec..22, T 106N, R 14W repealing Ord. 2865 and 2872. This
is a corrected legal desc. This was given its first reading.
Petersson moved, Senjem second to suspend the rules and give this
Ordinance a second reading.- Upon roll call , Councilmember Canfield.
Crawford, Hunziker, McConnell, Petersson and Senjem and President
Selby voted aye. Ayes (7), Nays (0).Motion carried. The ordinance
was given its second reading. Petersson.moved, McConnell second
to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1
An Ordinance annexing16.09 acres of land in portions of the NW 1/4
of Sec.32 and the SW 1/4 of Sec. 29, T 107N R 14W was given its
second reading. McConnell moved, Petersson second to adopt the
Ordinance as read. Ayes (7), Nays (0).Motion carried.
F-1
An Ordinance Amending Sec. 125A.041 of the RCO Relating to the
Dispensing of Liquor at Municipal Facilities was given its second
reading. Canfield moved, Hunziker second to adopt the Ordinance
as read. Ayes (7), Nays (0).Motion carried.
F-1 IAn Ordinance Amending Sec. 125A.03 of the RCO Relating to Multiple
Licenses at the same location was not presented for the second readii
F-1 Petersson moved, Senjem second to adopt Resolution No. 261-93
approving an owner contract with Arnold Bomgaars and Elcor Const.
Co. for Basic Construction in Bamber Corner 4th Sub. Ayes (7),
Nays (0).Motion carried.
F-1 Canfield moved, Petersson second to adopt Resolution No. 262-93
approving an owner contract for Watermain in Willowridge Manf.
Home Park Phase VIII Willowridge Sub., Lowell Penz and Elcor
Construction Co. Ayes (7), Nays (0).Motion carried.
F-1 Petersson moved, Hunziker second to adopt Resolution No. 263-93 app-
roving -an owner contract for Basic Construction in Foxcroft West
2nd Sub. with Foxcroft Corp. and Elcor Const. Inc. Ayes (7), Nays
(0).Motion carried.
Having no further business, Petersson moved, McConnell second to
adjourn the meeting. Ayes (7), Nays (0).Motion carried. The
meeting was adjourned to May 19, 1993 at 3:45 P.M. for the
approval of the Canvass vote of the election held on May 18, 1993.
1
City Clerk