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HomeMy WebLinkAbout11-17-1980RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL TAG-7 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 - November 17, 1980 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the following members; being.present:.President Postier, Aldermen Allen, Duffy, Larson, Powers, Solinger and Strain. Absent: None. B-1 A Hearing on the Proposed.Special.Assessment on Project No. 7002-0- 78A ( J 8663 ) Sanitary Sewer Extension in 24th Avenue S. E. from 15tl Street S. E. to a point 300 feet north; Project No. 7002-0-79 J 8695 Extension of .Sanitary Sewer in Melody, Mayfair and Mayhill Streets S.E. from 24th Avenue S. E. to west line of Marvale Subdivision, and also a previously deferred assessment Project 7002-0-70 S. E. Trunkline Sewer. Wishing to be heard was Gerald Posthusus of 2518 Mayfair Street S. E. and stated that he would like to see the assess- ment in the amount of $7,775.00 deferred until he sells the property or plats, or development takes place. He.stated that it is a large piece and he cannot afford the assessment at this time. Alderman Powers questioned Roger Plumb, Public Services Director about setting a precident,if this lot.is deferred., Roger Plumb stated that he would not recommend.a deferr,al:_on this.si.ae-of Tot. Having no one else present that wished to be heard, President Postier closed the hearing Strain -moved, Solinger second to adopt Resolution No. 633-80 approvini the assessment with the following conditions: 1. A three year deferral or until platted or developed on Plat 5067 Parcel 06000 in .the amount of $7,775.00. 2. Deferred assessments on all property in this project that is outside the City limits and.3.. The City will pay up to a maximum.of $750.00 on'the stub -in on the Rand property if he excercises this within one year from this assessment approval. Ayes (7), Nays (0). Motion carried. B-2 A Hearing on the Sewer Service Charge Increase from $.30/100 C.F. to $.45/100 C.F. effectiveJanuary 1, 1981 and to $.618/100 C.F. on January 1, 1983. Having no one present that wished to be heard, President Postier closed .the hearing. Powers moved, Duffy second to instruct the City Attorney to prepare an.ordinance making the change to.$.45/100 C.F. effective January 1, 1981. Ayes (7), Nays (0). Motion carried. B-3 A Hearing on the Application for Planned Unit Development ( Final Plan ) l:ocated at 723 Second Street S. W.. known as Broadstreet Cafe. Having no one present that wished to be.heard, President Postier closed the hearing. Duffy moved, Solinger second to approve the plan and adopt.Resolution No..^634-80 subject to the following conditions: 1. Signs shall not be permitted in the front yard. 2. The total seati g capacity shall not exceed 50. 3. Hours of operation shall not be more than Tuesday through Thursday 9 A.M. to 3: P.M.; Friday through Sunda 9 A.M. to 9 P.M. and closed Mondays. 4. Cafe service shall b e limit d to the first floor, porch and patio. 5. The sale of any literature is restricted:to inside the building. Ayes (7), Nays (0). Motion carried. B-4 A Hearing on the Housing Plan for the Rochester -Olmsted County area. Having no one present that wished to be heard, President Po called for a motion to bring this matter to the Committee of the Whol RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item . , C-1 D-1 Adjourned Meeting No. 22 -.November 17, 1980 and continued until the 19th of January, 1981. Solinger moved, Strain second the motion as called for by President Postier. Ayes (7),.Nays (0). Motion carried. A Hearing on the Application for Final Plat located at 8 112 Street and 20th Avenue S. E. to be known as Campus Village Subdivision. Having no one present that.wished to be heard,. President Postier closed the hearing. Powers moved, Allen second to adopt Resolution No. 635-80 approving the -plat subject to the temporary turn -around at ends of Village Circle. Ayes (7), Nays (0). Motion carried. A Hearing on the Regulations for the Community Development Block Grant Program. Wishing to be heard was Harold Elias of 815 6th Ave. N. W. and wished some of this money could be used for a bank along Cascade creek. Having no one present that wished to be heard, President Postier closed the hearing. No action was necessary on this. Public hearings regarding the development of next years application are tentatively scheduled for December 1, 1980 and Jan. 5, 1981. Powers moved, Duffy second to approve the Appointments to the Boards and Commissions as presented by Mayor Chuck Hazama in block. Upon roll call vote, Aldermen Duffy,. Powers and Strain voted aye. Ayes (3) Aldermen Allen, Larson, Solinger and President Postier voted nay. Nays (4). Motion not carried. Strain moved, Solinger second to appro, the appointment of Elsa Hutchison of 1005 8th Avenue-S. W. and Roger Dale 503 14th Avenue S. W. and John Bass of 633 16th Street S. W. to the Energy Awareness Committee. Ayes (7), Nays (0). Motion carried. Allen moved, Strain second to approve the appointment of John Perkins 1006 14th Avenue S. W. and Graham T. Howard of 1225 First St. N. W. to the Mayor's Advisory Committee on Alcohol and Drug Abuse. Ayes (7) Nays (0). Motion carried. Solinger moved, Larson second to approve the appointments of George Schroeder of 2021 33rd St. N. W. and Beth Calavano of 4020 17th Avenue N. W. and Tom Coleman of 402 31st St. N. to the Building Code Board of Appeals. Ayes (7), Nays (0). Motion carried. Larson moved, Strain second to refer the following appoint- ments to the Zoning Board of Appeals back to the Committee of the Whole for further discussion: Ed Hentges, Gerald Gilreath, Peter McHardy and Margaret Brimijoin. Ayes (6), Nays (1). Alderman Powers voting nay. Motion carried. Solinger moved, Strain second to approve the following appointments to the International Affairs Committee: Tony Casalenuovo of 2110::5th Avenue S. W. and Leilani Gibbs of 2040 24th Street N. W. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to adopt Resolution No. 636-80 referring t petition to the Public Services Department -for the preparation of the feasibility report on Extension of Sanitary Sewer and Watermain on 31st Avenue N. W. from 43rd Street N. W. to 48th Street N. W. Ayes (7 Nays (0). Motion carried. E-1 Duffy moved, Solinger second to approve the installation of adflt' al street lighting for 39 additional units This would be approx.,b8�. for 1981. Ayes (7), Nays (0). Motion ca,rri,ed. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL JL469 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 - November 17, 1980 Agenda Item E-2 Larson moved, .Allen second to table the request received from Jack Prow of White Swan Motel. The Council desired to know the route, and the. temporary destination of the White Swan. Ayes (7), Nays (0). Motion carried. E-3 Alden Wildfeuer., Roc hester, Minnesota requested reconsideration on his request for a Limousine Franchise. Mr. Wildfeuer requested to be heard and urged the Council to grant him this franchise. He stated that after he was rejected, the other company applying for franchise received it, he did not think this was fair. He stated in doing research he noted that another company was operating a limo service without a franchise., Council will look into this. Having no one.else wishing to comment, the Council took no action. th�th t :E-4 Powers moved, Larson second to approve the request to purchase property at 8 Second Avenue N. E. This is needed to accomodate the NW drive-in bank. The necessary funds be appropriated from the Future Property Acquisition account. Ayes (7), Nays (0). Motion carried. E-5 Duffy moved, Solinger second to approve the appropriating $1,180.74 from the Contingency Account for the Supervisor of Youth Employment River Clean Up Area. Ayes (7), Nays (0). Motion carried. E-6 Duffy moved, Allen second to adopt Resolution No. 637-80.setting a .hearing for January 15,.1981 on adoption of recommended amendments to the City Charter. Ayes (7); Nays (0). Motion carried. E-7 Powers moved, Solinger second to. approve the following licenses and bonds: Request.from Diane P. Moyer of.the Aldrich Memorial Nursery School for a Single Gambling License to be held on January 14, 1981. The bond ."requirement is waived. Request for an On -Sale Beer 3.2 license from Joseph H. Blackwell, Sr. of Joe's Sandwich Emporium at 320 Elton Hills Drive. David Christenson of.2824 Fairview. Court S. E. requests a temporary dance permit for the Mayo Civic Auditorium to be held on Friday, November 21, 1980. This is a fund raiser for the "Up With People". Ayes (7), Nays (0). Motion carried. E-8 Duffy moved, Larson second to adopt Resolution No. 638-80 approving the award of $28,790.00 fora 4-wheel drive rubber.tire tractor with diesel engine and angle plow, snowblower and flail mower. MacQueen Equipment was the low bidder. Ayes (7), Nays (0). Motion carried. E-9 Solinger moved, Strain second.to adopt Resolution No. 639-80 awarding the low bid of $15,780.00 to Borchert -Ingersoll for a tandem steel drum roller for the Street and Alley Department. Ayes (7), Nays (0). Motion carried. E-10 Powers moved, Strain second to approve the semi. -monthly ( list attached ) Accounts Payable -in the amount of $19064,382.84. Ayes (7) Nays (0). Motion carried. JA70 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-11 E-12 E-13 E-14 Adjourned Meeting No. 22 - November 17, 1980 Solinger moved, Allen second to adopt Resolution No. 640-80 approving that each member of the Rochester Police and Fire Fighters Relief Associations shall.pay into the retirement fund of the associations during his term of covered employment from and after January 1, 1980 a contribution for retirement and survivorship benefits of 7% of the maximum rate of salary - January 1, 1981 the rate shall increase to 8%. Ayes (7), Nays (0). Motion carried. Rick Hexum of Elcor Enterprises. wished to speak to the Council regard- ing the Variance to Section 31.26, Subdivision 3, Paragraphs 3,4,5 of the Subdivision Ordinance to allow the Metes and Bounds Conveyance' of Unplatted land located at 37th Street N. W. and the proposed West River Parkway. Mr. Hexum statedthat thi.s is needed for a potential client and he would like to have this within the next 30 days. He stated,that Northwestern Bank is willing to grant the watermain easement . He stated that he has met the requirements of a plat and is going ahead with the platting..Thomas Moore, Planning Director stated that this is the second time this has been brought before the Council and he still has not seen -a plat. Mr. Hexum stated that the reason they have not platted yet is because of the odd shape of the property and they had to consult potential clients so that a plat can be done. Having no further discussion, Allen moved, Powers second to approve the Variance to Section 31.26 Subdivision 3, Paragraphs 3,4, & 5 of the Sub. Ordinance to allow the metes and bounds conveyance of un`platted land located at 37th St. N W. and the proposed West River Parkway.Upon Roll call vote, Aldermen Allen; Larson, Powers and Solinger voted aye. Ayes (4), Aldermen Duffy, Strain and President Postier voted nay. Nays (3)..Motion carried. Allen moved, Powers second to reconsider.the motion. Ayes (7), Nays (0). Motion carried. Allen moved, Powers second to approve the Varience as stated. Ayes (5). Nays (2). Alderman Larson and Duffy voted nay. Motion carried. Alderman Strain clarified that in order the consider the variance it must meet the following: 1: Hardship to the applicant. 2. Interference with.the prupose of subdivision regulations. 3. Preservation of property rights. 4. General Nature. Resolution No. 641-80 was adopted.. Solinger moved, Allen second to adopt Resolution No. 641-80 ( also included in E-12) approving the Metes and Bounds Conveyance of Un- platted land at 37th Street N. W. and''the proposed West River Park- way with the conditions as specified in the Resolution with the additional condition that the plat be completed in 7 days and satis- factory conveyance of Parcel D. Ayes (7), Nays.(0). Motion carried. Strain moved, Powers second to adopt Resolution No. 642-80 approving the application for General Development Plan located at 8 112 Street and 20th Avenue S. E. to be known as Campus Village subject to the following conditions: 1. Relocate driveway near entry to Village Court and 2. Provide walkway from Village Court to 21st Avenue S. E Ayes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 14 71 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 - November 17, 1980 Agenda Item E-15 Powers moved, Larson second to refer the petition to initiate orderly annexation proceedings on 40.82 acres of unplatted land lying North .of the Golf and Country Club and South of.Cascade Creek to the Comm'-, ittee of the Whole and bring this back to the Council on December 1, 1980.. More information was needed by the Council . Ayes (7), Nays (0). Motion carried. E-16 Larson moved, Powers second to -approve the Request to initiate orderly annexations proceedings on the General.Warehouse Property located at 2915 Valleyhigh Drive N. W. and adopt Resolution No. 643-80 approving the annexation. Ayes (7), Nays (0). Motion carried. E-17 Duffy moved, Strain second to adopt Resolution No. 644-80 approving the Supplemental Agreement No. 1 for Project No. 7907-0-80 with Road Constructors, Inc. not'to exceed $8-,932-00. Ayes (7), Nays (0). Motion carried: E-18 Solinger moved, Allen second to adopt Resolution No. 645-80 approvin Supplemental Agreement No. 4 for Project No. 7904-1-79 in the amount of a decrease of $1,632.00. Ayes (7), Nays (0). Motion carried. E-19 Solinger moved, Allen second to adopt Resolution No. 646-80 approvin Supplemental Agreement for Project No. 5 7904-1-79 Radichel lst Sub. in an amount of $6,912.00. Ayes (7),'Nays (0). Motion carried. E-20 Solinger moved, Strain second to .adopt Resolution No. 647-80 approving Supplemental Agreement No-2 for Project No. 6300-N-80 with Gopher Sanitary Service for $1,322.00. Ayes (7), Nays (0). Motion carried. E-21 No action was taken on the Special Assessment for Sidewalk Replace- ment No. 1-1979 J 8634. E-22 Solinger moved, Larson -second -to adopt Resolution No.. 648-80 adding paragraph (249.5) of Section B No Parking Zones to read:. Valleyhigh Drive N. W. on the west side from 14th St. at a point 100 feet, more or less, south of 14th Street at all times. Ayes (7), Nays (0). Motion carried. E-23 Solinger moved, Allen second to adopt Resolution No..649-80 covering the following: 1. Delete Paragraph (4) of Sec. C, Special Parking Zones. 2. Add Paragraph (8) of Section C Special Parking Zones to read: (8) 3rd Avenue S. W. onthe west side 150 feet more or less , south of 1st Street for a distance of 18 feet more or less, for Olmsted County Coroner (l:stall ). Ayes (7), Nays (0). Motion carried. E-24 Duffy moved,.Allen second to approve a 36,.foot driveway at 902 7th St. N. W. Ayes (7), Nays (0). Motion carried, ( Northland Electric) 14 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 22 - November 17, 1980 Agenda Item E-25 3olinger moved, Allen second to accept the recommendation of the ommittee of the Whole on the amendments to the'Animal Control rdinance with the following changes: 1. Licensing period *be for two ears with a $10.00 licensing fee and that the fine schedule under RCO ection 106.07 read $50.00 for the fourth violation instead of pre- iously recommended $35.00. and no.control of cat leashing. The City ttorney is instructed to prepare an ordinance for adoption.. Ayes (2), ays (5). Aldermen Solinger and Allen voting aye. Aldermen Duffy, arson, Powers, Strain.:and President Postier voting nay. Mot ion not arried. Duffy moved, Larson second to accept the Ordinance as will e read later by the City Attorney. Ayes (5), Nays (2). Aldermen uffy, Larson, Powers, Strain, and President Postier voting aye. ldermen Allen and Solinger voting nay. Motion carried. This included year licensinq for cats. E-26 3owers moved, Solinger second to approve a plan for a Merit Based., alary program for exempt Emplovees. Upon Roll call vote, Aldermen Duffy, Powers, Solinqer and _Strain voted aye. Aldermen Allen, Larson, and President Postier voted nay. Ayes (4), Nays (3). Motion carried. G-1 uffy moved, Larson second to deny the motion requested by -Mr. Lloyd eardsley of Rochester, Minnesota for a Taxi Cab Franchise. Ayes (7); ays (0). Motion carried. E-2 Solinger moved, Strain second to remove the tabled item of Jack row to move the White Swan Motel. Bill Voelker representing Jack Prol tated that they would like to store this motel at the Prow's Motel location for 30 days until another site. -is considered. Allen moved, arson second to grant this request noting that just 30 days would be ranted as a storage facility.- Ayes (7), Nays (0). Motion carried. F-1 3olinger moved, Strain second to'adopt Resolution No. 650-80 approving Resolution of the Public Utility. Board approving a purchase order agreement with Alley-Cassettv Coal Co. for $30.80 a ton F.O. B. mine. Wes (7), Nays (0). Motion carried. F-1 3train moved, Duffy second to adopt Resolution No. 651-80 approving Resolution of the Public Utility Board approving an agreement with SM Coal and Coke Co. for coal at $48.90 per ton F.O.B. Ayes (7), ays (0). Motion carried. F-1 Allen moved, Solinger second to adopt Resolution No. 652-80 approving resolution of the Public Utility -Board approving an agreement with EEI Enerqy Inc. for _coal at $28.00 per ton F.Q. B. mine. Aves (7), Nays (0). Motion carried. F-1 Solinger moved, Strain second to adopt Resolution No. 654-80 approving resolution of the Public Utility Board approving a Supplemental Agreement No. l.to Fuel Oil Supply Agreement with Koch'Fuels, Inc. yes (7), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1473 CITY OF ROCHESTER, MINNESOTA Adjourned fleeting No. 22 - November 17, 1980 Agenda Item F-1 Solinger moved, Allen second to adopt Resolution No. 655-80 approving a Resolution of the Public Utility Board approving a-n agreement with Minnesota Department of Natural Resources establishing a canoe portag( around the Lake Zumbro Dam. Ayes (7), Nays (0). Motion carried. F-1 An.Ordinance Relating to Regulated Activity Repealing Ordinance 2151 was given its first reading. Solinger moved, Duffy second to suspend the rules and give this ordinance a second reading. Upon Roll Call vote, Aldermen Allen, Duffy, Larson, Powers, Solinger, Strain and President Postier voted aye. Ayes (7), Nays (0). Motion carried. The Ordinance was given its second reading. Powers moved, Duffy second tc adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to Sewer Changes; Amending Rochester Code of Ordinances Section 77.07 was given its second reading. Strain moved, Powers.second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Relating to the Building Code; amending Rochester.Code of Ordinances, Section 50.01; 50.02; and 50.03 was given its second reading. Powers moved, Strain second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning Property creating a Planned Unit Development Known as PUD-R-51 ( Passe and Fanning ) was given its second reading. Strain moved,.Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning property creating a Planned Unit Development Known as PUD-R-52 ( Buena Vista - Bagne Project ) was given its seconc reading. Strain moved, Solinger second to adopt the Ordinance as read. Ayes (6),:Nays (1). Alderman Duffy voted nay. Motion carried. F-1 Strain moved, Solinger second to adopt Resolution No. 656-80 approvinc the plans and specifications prepared by McGhie and Betts, Inc. for Watermain extension from 9th Avenue N. W. alg the E and N. Property line from NW National Bank Branch at 37th Street N. W. ( Elcor Ent. Inc. ) Ayes (7), Nays (0). Motion carried. F-1 Larson moved, Strain second to adopt Resolution No. 657-80 approving an Owner contract by Yaggy Associates, Inc. for Basic Construction in Campus Village Sub. Ayes (7),Nays (0)`. Motion carried. Having no further business, Allen moved, Larson second to adjourn the meeting until 4:45 P.M. on November 24, 1,980. Ayes (7), Na s (0). Motion carried. City Cler Information: 11-17-80 1. Notice of Claim for Elaine Hengel vs City of Roch. Ref. Attorney and Insurance.