Loading...
HomeMy WebLinkAbout10-19-19924000 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item A-1 B-1 B-2 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 President Selby.called the meeting to order at 7:30 P.M., the follow- ing members -being present: President Selby, Council.members Canfield, Crawford, Hunziker, McConnell, Petersson and Senjem. Absent:None. Petersson moved, Senjem second to approve the minutes of the Sept. 28, 1992 and the October 5, 1992 meetings. Ayes (7), Nays (0).Motion carried. A.Hearing on the proposed vacation of a 5 foot wide utility easement alg the E.-lot In of L 14, Blk 1 Bel Air First Sub. ( Rudolph and Deanne Stiebner ). Wishing to be heard was Deanne Stiebner of 1512 34th St. N. W. and was present for any questions the Council may have. Having no one else present that wished to be -heard, -President Selby closed the hearing. Senjem moved, McConnell second to adopt Resolution No. 574-92 approving the vacation. Ayes (7), Nays (0). Motion carried. A Hearing on -the proposed vacation of the alley ROW adjacent to Lots 1-5, Blk 37,.Northern Addition. Wishing to be heard was Jim Gores of 24 West Silver Lake Dr. He is present for any questions the Council may have: .Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No. 575-92 approving the vacation. Ayes (7), Nays.(0).Motion carried. A Hearing on the 1993 Community Development Block Grant Program. Requested funds.are as follows: TOTAL TO BE APPROPRIATED-$445,000. PROGRAM ADM. APPROPRIATION $(-0,000.00) HRA REHAB APPROP. $(210,000) AMOUNT REMAINING FOR 1992 APPROPRIATION APPLICANT - Public Service Req. Omnia Fam. Services Inc. $ Arc of Olmsted Co. Child Care Res. and Referral -84d Child Care Res. and Referral -head start Roch. Area Alliance for the Mentally Ill HRA - MCPP Program Public Services requests cannot exceed BARRIER REMOVAL REQ./ACQ./REHAB. IS $215,000.00. 2,000.00 22,500.00 50,000.00 6,500.00 15,000.00 . 4,000.00 - These total $100,000.00 66,750.00. City.of Rochester - Sidewalk Barrier removal Bear Creek Services HRA Dollar Home Prog. HRA -504 East Center Child Care Res. and Referral Tape Dr. Omnia Fam. Services Inc. Ref. Omnia Fam. Services Inc. (Van) HRA ( Homestead.Clothes Line } TOTAL $200,000.00 20,000.00 15,000.00 2,000.00 4,500.00 1,200.00 5,000.00 5,000.00 $252,000.00 11 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL4400/ CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 ■ Agenda Item Total Recommended appropriation including public service should not B-3 exceed $215,000.00. Wishing to be heard was a resident of 539 No. Broadway and represent ARC Olmsted Co. and urged the Council to allocate the requested $22,500.00. He stated that the ARC program is valuable for the People and it should be continued. Also speaking in support of this was Kevin Levies of 325 lst Avenue S. W. Wishing to be heard was Mike Gerber of HRA programs requested. Mary Beth Fiber of 2648 E. River Rd. was present and urged the Council to approve the request from the Child Care Resource and Referral in their various requests. Also.speaking in favor was Jeff Brown of 1310 Folwell Dr.. S.W.; Laurie Skoggin of 940 15th Ave. N. W. Karen Doldbeg of 1514 Damon Ct. S.E. and Larry Restla of 1740 No. Valley Dr. N. E. Frank Anderson of 717 Third Avenue S.E. appeared on behalf of Bear Creek Services. Joyce Skut of 5110 West River Rd. on behalf of the Roch. Area Alliance for.the Mentally Ill. Alice Anderson of 47'13 112 St. N.W. and Marcia. Brown of 1352 8th Avenue S. E. representing the League of Women Voters were in favor of the Alliance request of $15,000. Wishing to be heard on behalf of the Omnia Family Services was Randy Bachman. Having no one else present that wished to be heard , President Selby closed the hearing. No action was taken on this at this meeting. Council will take action at the November 2, 1992 meeting. B-4 A Hearing on the Community Development Block Grant CDBG Program to amend the final statements for the years 1990 and 1991.. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Peter.sson second to approve the request. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Appeal of ILQ Investments, Inc. appealing the decision of the Rochester Zoning Board of Appeals that the use established (adult establishment,) violates site locational requiremen of the zoning ordinance. Wishing to be heard was Elizabeth Duffy of 1092 Weatherhill Dr. S.W. She is opposed to this use. She has a business next door and does not think this adult bookstore.is a proper use. Wishing to be heard was Randall Tiege of 2620 Nicollet Ave. Mpls. Mn. and is the Attorney for the ILQ Invest. Inc. He stated that adult material is sold in many stores in Rochester and if this establishment is not allowed to do the same thing, then the Council should remove the material from all the other stores in Rochester also. He also.stated that he would like clarification on the way the Ordinance is written because it does not state specific numbers of percent. What is it referring to. Floor space - sales or what? Mr.'Tiege also stated that they do not have peep shows or videos that can be seen on the premise. They only sell and the people (adults) buy those adult products in a -separate section and take them off premise. He thinks this is a proper use and urges the Council to reverse the appeal of the Zoning Board. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-5 D-1 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 After Council discussion, Advice was given by the City Attorney on the "facts of findings" in this case. Mr.. Tigue also admitted to this establishment being within .the 750 feet of the Public Library. Wishing to be heard was Bill Kallenborn.of 922 1st St. S.W. and was in favor of this store. He stated it is clean and a nice place. Wishing to be heard was Betty Daffin of 220 So. Broadway. She lived in Florida and does not want this bookstore in'downtown Rochester. Having no one else present that.wished to be heard, President Selby closed the hearing.Canfield moved, Petersson second to direct the City Attorney to draft a "findings of fact" upholding the decision of the Zoning Board of Appeals. After Council discussion, Hunziker moved, Senjem second to instruct the City Attorney to look at the Original Zoning Administrators findings that dealt with the first half of the Zoning Ord. 62.200 that deals with the age requirements. Ayes (7), Nays (0).Motion carried. The original motion was now voted on. Ayes (7), Nays (0).Motion carried. A Hearing on the -Appeal by ILQ Investments Inc., Appealing the decisil of the Rochester Zoning Board of Appeals that a Zoning Certificate is necessary for a Change in Occupancy of the property at 220 1st Ave. S.W. Wishing to be heard was Randall Tiege, Attorney for ILQ Inc. He stated that the use -is "retail" and that he would see the City in Court. Having no one else present that wished to be heard, President Selby closed the hearing. Petersson moved, McConnell second to direct the City Attorney to draft a "findings of fact" up- holding the decision of the Zoning Board of Appeals and that the City Attorney look at the Original Zoning Administrators findings that dealt with the -first half of the Zoning Ord. 62.200 that deals with the age requirements. Ayes (7),-Nays (0).Motion carried. Action on the Facts of Findings will be taken at the next Council meeting. Gary Jensen of 1208 West Center wished to be heard regarding unsightly conditions of his neighbors property at 3- 12th Avenue S.W. (Suzanne Tuohy). Mr. Jensen stated that a lot of debris is located on her property. This has been taken to court and several items have been removed, however, many more have arrived and clutter the yard on all sides. e wished the'Council would investigate this and order this cleaned up. Mr. Jensen also presented video's substantiate this claim. Wishing to be heard was Dean Michael of 710 4th Avenue Stewartville, Mn. He owns the house on the other side. He also stated that this yard has to be cleaned up. He has renters in the house he bought and rocks from the fence.fall off and block a fire escape window well. He urges the Council to order this yard cleaned up.� Wishing to be heard was Bob Hague of the Building and Safety Dept. He stated that he had been to court with this case and they ordered some -of the items cleaned up. Others they issued a time period for the removal to occur.He agreed with the condition of the yard--. as was presented by the video of Mr. Jensen. n L] RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 4003 Agenda Item Mr. Hague says that items were removed, but that Ms. Tuohy brings more back faster then they can�be removed. Council then directed Mr. Hague to remove the items and the wood stumps from the property as soon as he can and write up a list of items that can't be removed so that the City can keep track of items that.can be removed and those that the court ordered to "stay". No further action was taken. E-1 Crawford moved, McConnell second to adopt Resolution No. 576-92 amending the special assessment as outlined in the resolution. The revision indicates that: Those property owners not willing to initially participate will be treated similarly to those property owners who immediately connect. The amount of.assessment agreement or connection fee will be the same as would have been applied against the property if immediately connected, plus interest: The maximum assessment amount will be the same as applied against properties initially assessed; Interest shall be at the same rate as is applicable to properties initially assessed; shall begin to accrue 30 days after the adoption of the initial assessments and shall continue to accrue until the execution of an assessment or connection contract. Ayes (5), Nays (2). Councilmember Canfield and Senjem voted nay. Councilmember Canfield stated that this revision simpl.y does not meet the goals of 1. Protecting the Water supply. 2. It would not be fair to everybody and 3. Does not allow the City to grow and be served by improvements which they can reasonably pay for_ Councilmember Senjem agrees with Canfield. Motion carried. E-2 McConnell moved, Crawford second to reject the offer to purchase the property on the east side of llth Avenue S. E. adj. to Bear Creek in the amount of $45,000.00. An offer of $35,000. was made and they did not accept this. Owners of the land are Kent Doherty and Ed Pompeian. Ayes (7), Nays (0).Motion carried. Res. 576A-92 adop E-3 Petersson moved, Hunziker second to adopt Resolution No. 577-92 authorizing the City to enter into a contract with Leonard Parker Associates for design of the Library/Ramp/Skyway project. Other members of the team include Yaggy Colby, Bakke Kopp, Ballou and Mc- Farlin, and Barton Aschman. Wishing to be heard was Chris Colby of Yaggy Colby Assoc. and he wanted to inform the Council that he is happy to be working on this job. yes (7), Nays (0).Motion carried. E-4 Petersson moved, McConnell second to adopt Resolution No. 578-92 approving the additional fees for:consultant services from Yaggy Colby for work performed on the Senior Citizens parking lot project. Ayes (7), Nays (0).Motion carried. E-5 enjem moved, Hunziker second to adopt Resolution No. 579-92 pproving the Change Order for Senior Citizens Parking lot in the mount of $4,365.54 to Wickenhauser Excavating Inc. This was fp,r V RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4004 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 Agenda Item discovery of a second water service not shown in the plans and installation of a water service.and taking car of site landscaping. Ayes (7), Nays (0).Motion carried. E-6 Hunziker moved, Crawford second to adopt. Resolution No. 580-92 approving a. contract with HNTB for the Government Center Skyway study in the amount of $13,800.00. Ayes (6), Nays (d).Motion carried. Councilmember McConnell voted nay. Motion carried. E-7 Hunziker moved, Petersson second to instruct the City Attorney to prepare an Ordinance amending the Roch.Code of Ord. Sec. 80.04 regarding exemptions to the housing provisions of the Human Rights Chapter. Ayes (7), Nays (0).Motion carried. E-8 Senjem moved,.Canfield second to approve the following licenses and bonds: Gambling - Native American Center - Raff-le on 11-27-29-92 Master Plumber - Donald Vieth - The Plumbing Service - Winona, Mn. Sewer and Drain - Fred Schmidt & Sons, Roch.Mn. Sidewalk Cement)- Bernard Donovan Co., Byron, Mn. Heating Contractor - Boiler Combustion Analysis, Fridley, Mn. Master Installer- Boiler Combustion Analysis - Fridley, Mn. Ayes (7), Nays O).Motion carried. E-9 Hunziker moved, Crawford second to adopt Resolution No. 581-92 setting a hearing on Nov. 16, 1992 for proposed assessments against Tree removal, weed removal and unpaid sewer/water charges. Ayes (7), Nays (0).Motion carried. E-10 Crawford moved, Petersson second to approve the Accounts Payable in the amount of $998,814.13. List is on file with the City Clerk. Ayes (7), Nays" (0).Motion carried. E-11 Petersson moved, Hunziker second -to adopt Resolution No. 582-92 allowing the City to enter.into SBA Community Forestry Assistance Grant Agreement with the DNR. The Park and Rec. Dept. have been awarded $5,000 matching grant for the planting of trees at the Watson Youth Sports Complex. Ayes (7), Nays (0).Mition carried. `E-12 Canfield moved, Senjem second to adopt Resolution No. 583-92 to enter into an agreement with MEPC Apace Properties Inc., Ind. School Dist. 535 and Child. Care Resource and Referral concerning the operation of an indoor park at the Apache Mall. Ayes (7), Nays (0). Motion carried. E-13 E-14 Petersson moved, Hunziker second to adopt Resolution No. 584-92 accepting the grant agreement ( Shoreland) and instruct the Mayor and City Clerk to execute the agreement on behalf of the City. This is with the DNR. Ayes (7), Nays (0).Motion carried. Crawford moved, Petersson second to adopt Resolution No. 585-92 and 586-92 declaring the cost to be assessed and ordering a hearing to be held on Nov. 16, 1992 on the Demolition of a House located at 807 9th Avenue S. E. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4005 Adjourned Meeting No. 13 - October 19, 1992 Agenda Item E-1.5 Hunziker moved, Crawford second to adopt Resolution No. 587-92 awarding the contract to Tennant Co. of Bensenville, Ill for a Parking Ramp Sweeper to replace the existing unit. This is in an amount of $25,014.90. Ayes (7), Nays (0).Motion carried. E-16 Hunziker moved, Crawford second to adopt Resolutions 588-92 and 589-92 declaring the costs and ordering a hearing to be on Nov. 16, 1992 on Project 91.18 J 9211 Curb and Gutter Sidewalk , Driveway app- roaches and Watermain in 1st St. and lst Avenue N. E. Adj. to Civic Sq. Ayes (7), Nays (0).Motion carried. E-17 Canfield moved, Petersson second to adopt Resolutions 590-92 and 591-92 declaring the costs and ordering a hearing to be held on Nov. 16, 1992 on Project 9101-91 J 9176, Trunkline San. Sewer to serve Roch. Golf.and Co. Club, Interlachen and Others - Also Watermain across 2nd St. S. W. Ayes (7), Nays (0).Motion carried. E-18 Petersson moved, Crawford second to adopt Resolution No. 592-92 approving- the DNR a permit application to Cross Kings Run. The Mayor and City Clerk are directed to execute the permit. Ayes (7), Nays (0).Motion carried. E-19 Hunziker moved, Petersson second to adopt Resolution No. 593-92 approving the State Reimbursement for Certification of Technicians to be used on all State Aid work beginning on Jan. 1, 1994. The City is limited to a max. of $5,000. reimbursement. Ayes (7), Nays (0). Motion carried. E-20 Canfield moved, Hunziker second to adopt Resolution No. 594-92 warding the low bid of $265,684.00 to Elcor Const. Inc. for Project No. 8313-92 J 9250 - San. Sewer and Watermain fxt. to No. Heights E 8th Sub. Ayes (7), Nays (0).Motion carried. E-21 etersson moved; Canfield second to adopt Resolution No. 595-92 warding the low bid of'$658,906.10 to Road Constructors Inc. for Project No. 6313-3 & 4 J 2153 and 6312-4-91 J 2154 - Storm Sewer Watermain, Con. Curb and Gutter San. Sewer and St. Replacement on 12th and 13th Avenue S. W./N. W. from 2nd St. S. W.to Cascade St. .W. to Cascade Creek and from West Center St. to Cascade Creek. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance.Amending and Reenacting Sec. 80.04 of RCO Relating to Housing Exemptions from the Human Rights Chapter. This was given its first reading. F-1 An Ordinance Rezoning to M-1 Lt. Ind. approx. 115.08 acres located sou h f 19th St. N.W. west of the RR Tracks parallel to Valleyhigh Dr. N.W. and north and west of FredSchuster Ind. Park was given its second eading. Senjem moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Amending Se.c 75.01 of RCO Relating to the name of the street platted in Bamber Ridge Second as 12th Ave. S.W. was given its second reading. Canfield moved, Petersson second to adopt the rdinance as read. Ayes (7), Nays .(0).Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4006 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 13 - October 19, 1992 Agenda Item F-1 F-1 F-1 F-1 F-1 G-1 Canfield moved, Petersson second to adopt Resolution- No. 596-92 approving an owner contract with L.C. Ind. Park; Mayo Foundation for Basic Construction. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to adopt Resolution No. 597-92 approving an owner contract for widening , Bit. Surf. Curb and Gutter on W. Front. Rd. Tk Hwy 52 from 55 St. NW to 930 Ft. S. plus additional Box culvert; THR Realty and Elcor Const. Co. Ayes (7), Nays (0).Motion carried. Senjem moved, Crawford second to adopt Resolution No. 598-92 approving an owner contract for basic construction in Kings Run Second Sub.; Dakota of Rocheter, Inc. and Elcor Const. Co. Ayes (7), Nays (0).Motion carried. Petersson moved, Senjem second to adopt Resolution No. 599-92 approvii a resolution of the Public Utility Board - approving an insurance agreement with Hartford Steam Boiler in an amount not to exceed $112,216.00. Ayes (7), Nays (0).Motion carried. Petersson moved, Crawford second to adopt Resolution No. 600-92 approving a resolution of the Public Utility Board to enter into an insurance agreement with Associated Electric and':Gas Insurance in an amount of $212,675.00. Ayes (7), Nays (0).Motion carried. Canfield moved, Senjem second to remove the Land Use Plan Amendment and Zone Change from the table. Ayes (7), Nays (0).Motion carried. Jeff Thisius of 3031 15th Ave. N. W. was present and stated that he had no plans for development in this area and would like to use this to relocate the storage bins of the nursery only. Canfield moved, Petersson second to adopt Resolution No. 601-92 approving the amendment of the Land Use Plan map. Ayes (7), Nays (0). Motion carried. The City Attorney was also -instructed to draft an Ordinance changing the zone. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning certain property and amending Ord. 2785 known as the Zoning Ord. and Land Dev. Manual of the City to B-4 Lots 1 and 2 Blk 2, Graham 2nd Add. This was given its first reading. Ayes (7), Nays (0).Motion carried. Having no further business, Crawford moved, Petersson second to adjourn the meeting. Ayes (7), Nays (0).Motion carried._ er 1