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HomeMy WebLinkAbout03-02-1992433870 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No- 22 - March 2, ]992 Agenda Item C-1 C-2 D-1 E-1 E-2 President Selby called the meeting to order at 2:00 P.M., the follow ing members being present: President Selby, Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent:None. Solinger moved, Crawford second to approve the appointment of Michae' V.Magruder to the position of Firefighter in the Rochester Fire Dept. effective March 16, 1992. Ayes (7), Nays (0).Motion carried. Petersson moved, Canfield second to approve the appointment of Lyle Felsch to the position of Deputy Chief Fire Prevention of the Rochester Fire Dept. effective March 2, 1992. Ayes (7), Nays (0) Motion carried. Wishing to be heard was Charles Rowell of Rochester representing the Green Thumb Jobs Program. This is designed to employ persons over the age of 55 years. He urged the City of Rochester to think about employing these people for.various jobs such as gardeners, typists, fixing things, etc. Mr. Rowell stated that they could be funded for at least a year and if the City would then have a job created for this task, they would hope to be highly considered to fill the position. He thanked the City for allowing him to present this program. McConnell moved, Crawford second to approve the amendment of Franchi with Peoples Cooperative Power Association and instruct the City Attorney to prepare an amendment to Ordinance 2756 deleting Sec. 98.03 (4) (b). This deletion was requested by REA and would hav provided RPU with the right to build the subdivision with its own materials and labor during interim service period. It was stated that RPU would probably not have received permission to do this anyway thus it was recommended to be deleted. Ayes (7), Nays (0). Motion carried. Solinger moved, Crawford second to adopt Resolution No.111-92 revisin the Special Assessment Policy for Sewer and Water Projects in Devel- oped areas. Conditions include 1. Initiation of Projects. 2. Determination to Commence a Project and 3. Maximum Assessment Rate. More detailed explanation of the three conditions are listed in the Resolution. Alderman Canfield thinks a maximum assessment rate of $80.00 per assessable foot is much to high and is higher then it was before in certain cases. Alderman Solinger stated that this $80.00 is only a maximum and if 'they'do not have a hook-up then there is no charge. Alderman Canfield stated that $80.00 is still too much. Roger Plumb, Public Services Dir. stated that the City of Rochester will have to subsidize the difference between the actual cost and this maximum. It the amount is lowered, then the City -taxpayers would have to make up the difference in costs. Mr. Plumb recommends .the'$80.00 max. Alderman Canfield was concerned about the pollution that is taking place if the costs to hook up to sewer and water are high. He stated that he is especially concerned about the water supply. 1 Agenda Item E-2 E-3 E-4 E-5 E-6 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 - March 2, 1992 Alderman Crawford stated that she received a call about the subsidy that the City may have to pay if a maximum amount is put on this policy. They were concerned about the increased -:subsidy if -a smaller cap was put on the assessment amount. Vote was taken. Ayes (6), Nays (1). Alderman Canfield voted nay. Motion carried. Solinger moved, Crawford second to instruct the City Attorney to pre- pare an Ordinance to allow keeping of chickens within City Limits Alderman Hunziker wanted to know if this pertained to single family residents or how many would be allowed if apartments were on a lot. He was informed that only a platted lot is classified as a premise so that apartments would not be able to each,'have three chickens. It is three birds per lot. Alderman Hunziker wanted to know if this was for chickens inside a dwelling or three outside. He was informed that it was three total and where they kept them was not specified. It.was mentioned that the pigeon!=ordinance has more birds allowed on a specific lot. Dave O1son,Ass't. City Adm. stated that the pigeon ordinance should be the same as the chicken. Alderman Canfield feels that this ordinance is too technical.and should be simple as the pigeon ordinance. He is against over mandating a law. Alderman Petersson..peeped-that the specifics on the chicken coop is not necessary it is too involved. vote was taken. Ayes (6), Nays (1). President Selby voted nay. Motion carried. Petersson moved, Solinger second to -set a hearing for the specific revision -to the Sunday Liquor Ordinance allowing the liquor establish ments to stay open until 1:00 A.M. on Sundays. The hearing will be held on April 6, 1992. Upon roll call vote, Aldermen McConnell Petersson , Solinger and President Selby voted aye. Ayes (4), Aldermen Canfield, CrawfordandHunziker voted nay. Nays (3). Motion isrfordhavingdarWiearing°oneiheisueject. a .a � n Z wasyaoop?gedn and Solinger moved, Peersson second to take no action on the limousine franchising matters on a request to lower the fees and regulation of the franchising. Ayes (7), Nays (0).Motion carried. Request for a driveway permit located at Third St. S. W. (Ilot Klomstad). was brought before the Council. Wishing to be heard was Bob'!Patterson , Attorney for Mr. Klomstad. He stated that access to Mr. Klomstad's property could be maintained by the extended Mr. Clark's driveway. Mr. Clark objected and access would have to be gained from the alley again. Mr. Patterson claimed that this was a zoning condition and that access should be given to Mr. Klomstad It is noted that this driveway was in existence prior to annexation and that this might be viewed as "grandfathered" in. Roger Plumb, Public Services Dir. presented slides on the area and is opposed to this permit request. 03871. 3874 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Meeting No:.22 - March 2, Agenda Item E-18 E-19 E-20 E-21 E-22 E-23 E-24 F-1 F-1 F-1 OF THE COMMON COUNCIL MINNESOTA 1992 Solinger moved, Crawford second to adopt Resolution No. 124-92 setting a hearing on the proposed vacation of an easement in Lot 2, Blk 1 Cimarron Seventh. Hearing will be held on April 6, 1992. Ayes (7), Nays (0).Motion carried. Petersson moved, McConnell second to approve the.Zone Change Request from Mr. Harold Priebe from R-1 to B-4 General Business Dist. This makes it consistent with the rest of the land.in the area. Ayes (7), Nays (0).Motion carried. The City Attorney is requested to make an ordinance on behalf of 'the, City. Petersson moved,'.Crawfoed-second to'hold thie Agreement for -Mainten- ance with Olmsted Co. which maintains the streets in 1992 until Mr. Roger Plumb can get more details on this agreement. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 125-92 and 126-92 setting a hearing for April 6, 1992 on the proposed project: 6237-92 - J 9216 - Installation of Sidewalk and Curb and Gutter along 37th St. N. W., TH 52 to 1200 Ft. E of 15th Avenue N. W. Ayes (7), Nays (0).Motion carried. McCOnnell. moved, Crawford second to adopt Resolution No. 127-92 authorizing the City Clerk to advertise for bids to be opened at 11:00 A.M. on Ap-ril 15, 1992 on Project No. 6223-1-90 J 9116 - San. Sewer and Watermain Ext. in 23rd St. N. W. to Serve Lots 13 and 14 Christensen-Sehl Sub. and Others. Ayes (7), Nays (0). Motion carried. Canfield moved, Solinger second to table the Parking Removal 14th St. S.W./Bdwy to 2nd Avenue to the evening session. Ayes (7), Nays (0).M6tion carried. Hunziker moved, Crawford second to adopt Resolution No. 128-92 approving the addition of the following: (Sec. C ) - Special Parking Zones - Zone B Cab Stands - as follows: one (1) taxicab stand on 2nd St. S. E. on the north side adjacent to the Radisson Hotel. Ayes (7), Nays (0).Motion carried. Petersson moved, Hunziker second to adopt Resolution No. 129-92 approving the p.ol l.i'n.g places for the 1992 election and the Election - Judges for 1992. Ayes (7), Nays (0).Motion carried. Ah Ordinance Repealing Sub. 4 (b) of Sec. 98.03 - RCO relating to the construction of a Sub. during an interim service period was given its first reading. An Ordinance Repealing Chapter 36 of RCO relating to the req. conn- ection to Water and Sewer Mains; and Ament. RCO 76.04 of RCO relating to the Req. Connection to a Public Sewer System. This was given its first reading. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _ CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 - March 22 1992 (Agenda Item F-1 IAn Ordinance Creating Chapter 113A of the RCO relating to the keeping of Chickens in the City of Rochester was given its first reading. F'l An Ordinance Amend. Sec. 138.04 of RCO relating to the Permit applic- ation procedure for Res. Permit Parking Zones was given its second reading. Crawford moved, Petersson second to adopt the Ord. as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 766.01 Sub. 4 of RCO Relating to the Control of Footing and Foundation drains and artificial seepage collection systems. This was given its second reading. Petersson moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing approx. 19.46 acres in NW 1/4 Sec. 29 T107N R14W 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 annexing 26.60 acres of land in S 1/2 SE 1/4 Sec. 9, T107N R 14W was given its second reading. Crawford moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Having no further business, Petersson moved, Solinger second to adjou the meeting until evening - 7:30 P.M. - Ayes (7), Nays(0).Motion carried. A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby Aldermen Canfield, Crawford, Hunziker, McConnell, Petersson and Solinger. Absent: None. Crawford moved, Petersson second to adopt the minutes of February 18, 1992.Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the amendment of the 1992 Final Statement -CDBG Pro- gram ( Thomas Group ,, Inc. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to approve this plan. Ayes (7), Nays (0).Motion Carried. B-2 A Hearing on the proposed Ordinance change to delete the requirement that the Secretary of the Library Board post a bond prior to undertak- the duties of that office. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to prepare::an Ordinance for adoption. Ayes (7), Nays (0)`. Motion carried. M RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 43 876 CITY OF ROCHESTER, MINNESOTA Regular M eeting No. 22 - March 2, 1992 Agenda Item B-3 :o B-5 am A Hearing on the proposed amendment to the Charter regarding the change in reference of Alderman.&.alderman-at-large to Councilmember and Councilmember-at-large. Ayes (7), Nays (0).Motion carried..Canfield"mo a ,.McCon e-II second makingg -this effective July 1,:1992. Ayes �7,:Nays.�0).Motion..carried. A'Hearina"on the Home.Rule Charter concerning -the setting of Counci 1 'Meeti ngs_.-- Wi shi ng t-o be 'heard..was Katy: Col benson, News Director..for KWWK., Rochester.; Mn.- and urged.the-Council-torapprove 'thl s . Tuesdays al ready have School- Board.. and Olmsted .Co. -meetings thus mak-ing it difficult for. media-to..cove_r everything. Havi-ng no one el -se present -that wi s:he.d to, be heard; President ,Selby closed the hearing. Petersson moved, Hunziker second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (7), Nays *(0).Motion ,carried. A Hearing on the Reconstruction of Residential Alleys in Rochester at five locations - Project 9103 - J 9179. Wishing to be heard, Darrell Keefe of 407 llth Avenue N. E. and Thomas Bush of 1024 10 112 St. S. E. They both stated that the respective alley they were being assessed for had holding ponds of water and were not evenly graded. They urged -the Council to wait with the assessa until the repair was made. Having no one else present that wished be heard, President Selby closed the hearing. Crawford moved, Petersson second to table this until the repair was made. Upon roll call vote, Aldermen Crawford and Petersson voted aye. Ayes (2), Aldermen Cnafield, Hunziker, McConnell, Solinger and President Selt voted nay Nays (5). Motion did not carry. Alderman'Crawford did not feel like she was in favor of assessing a project not complete. And,she is also concerned about this not being done correctly. Alderman Canfield stated that the Public Services Dept. will take care of the problem as they have in the past. Canfield moved, Hunziker second to adopt:Resolution No. 130-92 approving the assessment. Ayes (6),Nays (1). Alderman Crawford voting nay. Motion carried. �h�,J�� talk Replacement Project No. 3 -91 J 9188- that wished to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to adopt Resolution No. 131-92 approving the assessment. Ayes (7), Nays (0). Motion carried. A Hearing on the proposed assessments on New Sidewalk Project 2-91 J 9187 - Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No. 132-92 accepting the assessments. Ayes (7), Nays (0).Motion carried. t 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 3877 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 22 - March 2, 1992 Agenda Item B-8 A Hearing on the Proposed assessments on New Sidewalk on both sides of Cortland Lane S. W. 6-1991 J 9195. Having no one present that wi.shed'to be heard, President Selby closed the hearing. Crawford moved, Solinger second to adopt Resolution No. 133-92 approving the assessments. Ayes (7), Nays (0).Motion carried. B-9 A Hearing on the Land'Subdi'vision Permit 92-3 Type III Phase II Application --Preliminary Plat for Diamond Ridge Four. Wishing to be heard was Chuck DeWitz, President of DeWitz Construction and urged the Council to approve this. The conditions are acceptable Having no one else present that wished to be heard, President Selby closed the hearing. After Council discussion, Solinger moved, Canfield second to approve the request with all conditions specified and map handed in and its 10 conditions as outlined in the Facts of Findings as prepared by the City Attorney. Ayes (7), Nays (0). Motion carried. B-10 A Hearing on the Sale of Alcohol on Sundays.between 12 Noon'..andd 1:00 A.M. on Mon. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Hunziker second to instruct the City'Attorney to prepare an Ordinance for adoption. Ayes (7), Nays (0).Motion carried. E-23 This item was tabled from the afternoon meeting. This will be brought back on the April 6, 1992 meeting. No action was necessary at this time because it is already tabled. F�1 An Ordinance Amending Sec. 13.03 Sub. 1 of the Home Rule Charter pertaining to the Bonding of the Library Board Secretary was given its first reading. F-1 An Ordinance Amending the Sec. 5.03 of the Home Rule Charter pertaining to the Scheduling of its meetings by the Common Council was given its first reading. F-1 An Ordinance amending the Charter of the City of Rochester,by changing all references of Alderman and Alderman -At -Large to Councilmember and Councilmember at Large was given its first reading. F-1 An Ordinance Amending the Sec. 125A.04 and Sub. 3 of Sec. 125A.21 of the RCO Relating to Sunday Sales of Int. Liquor was given its first reading. Having no further business,'Crawford moved`, Solingerr`second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. City Clerk