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HomeMy WebLinkAbout11-16-1992RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 0 1 2 Adjourned Meeting No. 15 - November 16, 1992 Agenda Item A-1 President Selby called the meeting to order at 7:30 P.M., the following members being present: President Selby, Councilmembers Canfield, Crawford, Hunziker, McConnell,Petersson and Senjem. Absent : None. Petersson moved, McConnell second to approve the minutes of the Nov. 2, 1992 meeting with the correction to E-18 the monies that was allowed for a Refrigerator for Omnia Fam. Services should have been for a total of $1,200. Ayes (7), Nays (0).Motion carried. B-1 A Hearing on the Zone Change from R-3 to B-1 and R-1 on a 1.65 acre site located south of East Cir. Dr. No. of 32nd Ct. N.E. and E of 6th Avenue N. E. ( Roger Payne ). Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Canfield second to approve the change and instruct the City Attorney to prepar an Ordinance for adoption. Ayes (7),Nays (0).Motion carried. B-2 A Hearing on the Final Plat to be known as Northern Slopes Seventh Sub. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Senjem second to adopt Resolution No. 615-92 approving the plat. Ayes (7), Nays (0).Motion carried. B-3 A Hearing on the Final Plat to be known as Northern Heights East 8th Sub. Having no one present that wished to be heard, President Selby closed the hearing. Petersson moved, Crawford second to adopt Resolution No. 616-92 approving the plat. Ayes (7), Nays (0).Motion carried. B-4 A Hearing on the Final Plat to be known as Radichel First Replat. Wishing to be heard was Bill Tointon of McGhie and Betts, Inc. representing the applicant 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. McConnell moved, Senjem second to adopt Resolution No. 617-92 approving the plat contingent that letters from the County Engineer and Mn/DOT will be received and sent to the Recorder at the time this plat is recorded. Ayes (7), Nays (0).Motion carried. B-5 A Hearing on the Proposed Assessment of Project 9101-91 J 9176 - Trunkline San. Sewer to serve Rochester Golf and Country Club, Interlachen and Others - Also Watermain across 2nd St. S. W. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Canfield second to adopt Resolution No. 618-92 approving the assessment. Ayes (7), Nays (0).Motion carried. B-6 A Hearing on the Proposed Assessment on Project 9118 J 9211 - Curb and Gutter, Sidewalk, Driveway approaches and Watermain in lst St. and 1st Avenue N.E., adjacent to Civic Square. Having no one present that wished to be heard, P"resident Selby closed the hearing. Peterss moved, Senjem second to adopt Resolution No. 619-92 accepting the assessments. Ayes (7), Nays-.(0).Motion carried. n n J RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4®13 Adjourned Meeting No. 15 - November 16, 1992 Agenda Item B-7 A Hearing on the Proposed assessment on 7023 - Demolition of a house located at 807 9th Avenue S. E. Having no one present that wished to be heard, and since this notice was sent to the incorrect propert owner, a new hearing will have to be set - December 21, lg92. Based on that, Canfield moved, Crawford second to approve a new �� ri �� • fg2rOD�g •and' 0212 WsAlb tePys (0)- Motion carried. B-8 A Hearing on the Proposed Unpaid Weed Eradication Project 7021. Having no:one present that wished to be heard, President.Selby close the hearing. Senjem moved, Crawford second to adopt Resolution No. 622-92 was adopted..accepting the assessments. Ayes (7), Nays (0).Motion carried. B-9 A Hearing on the Proposed assessment for Unpaid Sewer and Water Charges - Project No. 7025. Having no one present that wished to be heard, President Selby closed the hearing. Hunziker moved, Crawford second to adopt Resolution No. 623-92 approving the assessment. Ayes (7),Nays (0).Motion carried. B-10 A Hearing on the Proposed assessment for Unpaid Tree Removal charges Project No. 7024. Having no one present that wished to be heard, President Selby closed the hearing. Crawford moved, Senjem second to adopt Resolution No. 624-92 approving the assessment. Ayes (7), Nays (0).motion carried. B=11 A Hearing on the City Council Initiated Land Use Plan 92-4 and Zone Change Request 92-12 - Mohn and Penz Dev. - 1119 7th St. N.W. Wishing to be heard was Bill Tointon of .McGhie and Betts, Inc. representing the applicant. He stated that they did have neighborhoi meetings over this matter and that they were happy.Mr. Tointon is also present for any questions the Council may have. Councilmember McConnell stated that he does not see -any problems in the future witl the plans, but he questioned Mr. Tointon if he could see any problem! with.the B=1 Zone. Mr. Tointon stated that they are always concernel about the transition from Res. to other zones. However, they are given areas to buffer and have landscaped areas - this requires plants, berms, etc. This will help in this situation. Wishing to be heard was Greg Cooper of 1103 34th St. N.W. He stated that he appreciated the fact that Mr. Penz and the neighbors -along with McGhie-.a nd Betts people to come out and explain this to the area citizens. Having no one else present that wished to be heard, President Selby closed the hearing. Senjem moved, Canfield second to instruct the City Attorney to prepare an Ordinance for approval and that Ordinance will include the "Facts of Findings"in this situation. Ayes (7), Nays (0).Motion carried. Councilmember Senjem stated that he would like to compliment the neighbors , Penz and Mohn Dev. group and the Planning and Zoning staff for the good example of communication in this matter. B-12" A Hearing on the City Council,initiated Amendment to the Rochester Land Development Manual and Zoning Ordinance to Off -Premise Adv. Signs. Wishing to be heard was B i*ll Vogel of Vogel Outdoor Adv. Signs. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4014 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - November 16, 1992 Agenda Item B-12 B-13 He spoke about the location and standards for off -premise adv. signs He would like to see the fee credit be fairly substantial so that it is equitable to the cost of removing a nonconforming isgn. Also he is concerned about the 300' separation between an adv. sign and church, school, hosp. or playground. This distance separation will probably go into the next block and they would not be allowed a sign on the next block. Also he is concerned about condemnation cases where the City may choose whether or not to reimburse the sign company. Mr. Terry Adkins, City Attorney stated that it is the intent of this Ordinance to not to apply -to billboards on the streets such as advertising signs. Gary Neuman, Assistant City Adm. stated that in a case where the City would receive land as a gift such as for a park, the land has a billboard on it that was rented by the landlord. In that case, the City would not want to be obligated to pay anything for the billboard/sign. Mr. Vogel raised the question - if the City widened a street and the sign would have to be removed, would the City pay for that? Mr. Neuman stated that if a legal lease was made, then the City would have to pay if we were required to do so. Councilmember Hunziker stated that it is not the City's intent to take legal rights away from the sign companies. A representative of a sign company located at 516 17th Avenue S.W. was present and stated that he has a very small sign company and the fee that is proposed to be charged would be too large for a small company to have. He is opposed to the fee. After discussion Councilmember Senjem stated that we are only going to vote on instructing the City Attorney to prepare an Ordinance, not set a fee tonight. Having no further people who wished to be heard, President Selby closed the hearing. Hunziker moved, Crawford second to approve the amendment including the radius as has been originally discussed and that the City not be obligated for sign credit or cash payment. Ayes (7), Nays (0).Motion carried. Councilmember Hunziker stated that he was impressed with the staff , Bill Vogel, Dan Berndt and the Chamber for their input in this. A Hearing on the Proposed Amendment to the Rochester Land Dev. Manua' and Zoning Ord. regarding regulations for Portable and Changeable Message Signs. Wishing to be heard was Bob Beaman of 912 10 1/2 St. S. E. He owns the Cow , Bull and the Clown Signs. These are used for adv. as well as amusements and he earns his living doing this. If the Ordinance was to go into effect, then he would not be able to conduct his business. He strongly urged the Council to not adopt this Ordinance in this current form. Mayor Chuck Hazama stated that the service Mr. Beaman offers the City is unique and brings a smile on people's faces even if they do not know the people involved in the celebration. He urged the Council to look at this again and see if something could be worked out. L RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4015 Adjourned Meeting No. 15 - November 16, 1992 Agenda Item B-13 After Council discussion, Petersson moved, McConnell second to table this. The City Attorney is to draft language which would include the type of activity that Mr. Beaman was relating to. Ayes (6), Nays (1).Motion carried. Councilmember Hunziker voted nay E-1 Canfield moved, Petersson second to instruct the City Attorney to prepare an Ordinance amending Rochester Code of Ordinances regulating the Peddlers and Solicitations regulating the door-to- door sales of books, magazines, and newspapers. Ayes (5), Nays (2). Councilmember McConnell and Senjem voting nay. Motion carried. E-2 Petersson moved, Crawford second to approve the request to install banners along Civic Center Drive and Center Street identifying cultural organizations in the area. The Park Dept. has agreed to put the banners up. Ayes (7), Nays (0).Motion carried. E-3 Senjem moved, Canfield second to adopt Resolution No. 625-92 authorizing the Mayor and the City Clerk to execute a State Aid Agreement SP 5501-75 for 2/3 funding from Mn/DOT for Eng. services on the panel Reconstruction Terminal Bldg, Ramp. Total cost $77,566.35 - J 6943. Ayes (7), Nays (0).motion carried. E-4 Senjem moved, Petersson second to adopt Resolution No. 626-92 authorizing the Mayor and the City Clerk to execute new Airline Agreements with Northwest and American Airlines effective thru Dec. 31, 1993. Ayes (7), Nays (0).Motion carried. E-5 Canfield moved, Petersson second to approve the following licenses and bonds: Cigarettes - over the counter - Kwik Trip Inc. DBA Kwik Trip 672 - 1941 S. Bdwy, Roch.Mn. Gambling Rocky Mountain Elk Foundation - Raffle - Radisson Hotel 2-27-93 Auction A.D.Andrew Auction Systems - Benefit - Toys for Tots Radisson Hotel on Dec. 6, 1992. Sidewalk - Cement - Richard Volden DBA Volden Const. Onalaska, Wi. Ayes (7), Nays (0), Motion carried. E-6 Petersson moved, Hunziker second to adopt Resolution No. 627-92 amending the assessment policy for local improvement projects follow- ing the past practice of charging interest from the date of adoption of the assessments for those parties not making total payment within 30 days. Ayes (7), Nays (0).Motion carried. E-7 Hunziker moved, Petersson second .to approve the issuance of an On - Sale Intoxicating Sunday Liquor License for Shenanigan's Inc. at 8 South Broadway. Ayes (7), Nays (0).Motion carried. E-8 Crawford moved, Petersson second to approve the Accounts Payable in the amount of $857,363.04 — list on file with the City Clerk. Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 4016, CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - November 16, 1992 Agenda Item E-9 Petersson moved, Canfield second to adopt Resolution No. 628-92 extending the Greeway contract to furnish fuel at the pump as follow .0485 - Reg. Unleaded and Superunleaded gas - .0366 for Premium dies 1 fuel and .0506 for # 1 diesel fuel. Ayes (7), Nays (0).Motion carri d E-10 Petersson moved, Crawford second to adopt Resolution No. 629-92 instructing the City Attorney to draft an Ordinance authorizing the Rochester Housing Authority to exercise on behalf of a statutory or home rule charter city the powers conferred by Sec. 462C.01 and 462C.10 to Mn. Statutes Sec. 462C.02 Sub. 6. Ayes (7), Nays (0). Motion carried. E-11 Petersson moved, McConnell second to adopt Resolution No. 630-92 approving the acquisition of 2.0 acres of land from Ms. Jean Cook for $36,000.00 and to acquire 2.0 acres of land from Ms. Maxine Thompson for $36,000. This is to be used for a Neighborhood Park. Ayes (7), Nays (0).Motion carried. E-12 Petersson moved, McConnell second to adopt Resolution No. 631-92 accepting the Completi6n Agreement between the City of Rochester Harvey Ratzloff and Rochester Sand and Gravel. - This is in Parkwoo Hills 5th Sub. Ayes (7), Nays (0).Motion carried. E-13 Petersson moved, Crawford second to adopt Resolution No. 632-92 authorizing City Officials to accept the proposal from McGhie and Betts, Inc. for work done on Project 7503-9-92 Bikepath and Bridge over Silver Creek on 15th Avenue N. E. Ayes (7),Nays (0). Motion carried. E-14 Hunziker moved, Canfield second to adopt Resolution No. 633-92 authorizing execution of an engineering contract on a Bridge Deck Replacement, Bridges No. 55501, 55502, and 55505. Ayes (7), Nays (0).Motion carried: Councilmember Hunziker stated th t he did not want the llth Avenue bridge done before and during the time when the Third Avenue bridge is closed. E-15 Petersson moved, Senjem second to adopt Resolution No. 634-92 approving the Eng. Services with Yaggy Colby for Proejct 9200-0-92 J 9218 - San. Sewer Trunk Line Ext. to serve the Silver Creek Drainage Dist. Ayes (7), Nays (0).Motion carried. E-16 Hunziker moved, Canfield second to adopt Resolution No. 635-92 approving the Passenger Loading Zone at 102 13th Avenue S. W. - 15 minute Passenger Loading Zone. Ayes (7), Nays (0).Motion carried. E-17 Petersson moved, Canfield second to adopt Resolution No. 636-92 deleting Para (78) of Chapter E " Passenger Loading Zones of the Comp. Traffic and Parking Res. book. Ayes (7), Nays (0).Motion Carried. E-18 Hunziker moved, Petersson second to adopt Resolution No. 637-92 deleting Para (10) of Sec. G One -Way Streets and Alleys on Third St. N. W. from Broadway to First Ave. N.W. -One Way for Westbound Traffic . Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF .THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - November 16, 1992 4017 Agenda Item E-19 Canfield moved, Petersson-second.to.adoptiResolfution No. 638-92 approving the City obtaining a license from the Dept. of Natural Resources regarding the extension of the storm sewer pipe under the Douglas Trail. Ayes (7), Nays (0).Motion carried. E-20 Senjem moved, Canfield second to approve the city to initiate the proposed annexations of:several parcels which are surrounded by 100% of the City. Ayes (7), Nays (0).Motion carried. This is referred to the Planning Commission for their review. E-21 Petersson moved, Senjem second to adopt Resolution No. 639-92 and 640-92 declaring the costs to be assessed and ordering a hearing for Jan. 4, 1993 on Proejct No. 6223-1-90 J 9166 - San. Sewer and Watermain to serve Lots 13 and 14 and Others in Christensen-Sehl Sub. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning property to B-1 and R-1 of Northern Slopes Third Sub. was given its first reading. F-1 An Ordinance Rezoning property to B-1 3.42 acres more or less in Sec. 22, T 1071, R14W was given its first reading. F-1 An Ordinance creating various sections as 63.228 and 63.229 and reenacting various sections in 62, 63 and 65 of the RCO Relating to the regulation of signs was given its first reading. F-1 An Ordinance creating and enacting Sec. 112.021 of the RCO relating to exemptions from licensure; and amending RCO Ordinances to the Registration requirements for Door -to -Door Salespersons and Solicitors was given its first reading. F-1 An Ordinance Rezoning to B-4 , General Business - Lots 1 and 2, Blk 2 Grahams 2nd Addition to the City was given its second reading. Petersson moved,.Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Amending Sec. 80.04 of RCO Relating to Housing Exemptions from the Human Rights Chapter was given its second readinc Crawford moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 Canfield moved, Petersson second to adopt Resolution No. 641-92 approving an Owner Contract for Basic Construction in Northern Heights East 8th Sub. with Payne Company, Road Constructors, Inc. and Elcor Construction Co. Ayes (7), Nays (0).Motion carried. G-1 Senjem moved, McConnell second to remove the request for an On -Sale Intoxicating Liquor "Exclusive" license of Donald Hayes DBA The Other Side from the table. Ayes (7), Nays (0).Motion carried. Dave Patterson of 1545 4th.Avenue S. W. stated that Mr. Hayes has not signed the lease at 301 17th Avenue S.W. because he was waiting for Council to grant him this license. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 40�$ . CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 15 - November 16, 1992 Agenda Item G=1 He stated that Mr. Hayes will have enough lots leased to handle the parking. President Selby asked where will the access cars be parked. Mr. Patterson stated that on the 4 lots available to lease for just that purpose and it is right by the business. Councilmember Canfield asked the City Attorney if he needed reasons for denial. Mr. Terry Adkins, City Attorney stated that the motion should be to set a hearing for Dec. 7, 1992 and get facts from that hearing. After further discussion, Canfield moved, Petersson second to set a hearing for December 7, 1992 on the question of whether or not the use of a liquor establishment is suitable for this location at 301 17th Avenue S. W. Ayes (7), Nays (0). Motion carried. Having no further business, Petersson moved, Cnafield second to adjourn the meeting. Ayes (7), Nays (0).Motion carried.