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HomeMy WebLinkAbout02-17-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No 31 - February 17, 1981 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, Solinger and Strain. Absent: Alderman Powers. Allen moved, Duffy second to approve the minutes of the February 2, 1981 meeting. Ayes (6), Nays (0). Motion carried. ( See amendment at the end of the meeting ). B-1 A Hearing on the Appeal of the decision of the Zoning Board of Appeal to allow an access drive to be 13.13 feet in width instead of the required 18 feet on property located at 1614 Elton Hills Drive N. W. Wishing to be heard was Jim Suk, Attorney for John Hardy who is the applicant for the variance. Mr. Suk stated that this piece of properi is odd shaped, and it is in the B-4 zone. He stated that he has all the required paper -work in order and due to an error from the Planninc Department, they were not allowed to continue on this project. 'He presented a petition signed by 400 citizens in favor of the establish- ment being located in this area. Wishing to be heard was Henry Hedin of 1821 16th Avenue N. W. and was in favor of this business being put in the area. Chuck Canfield, Owner.of Shakey's Pizza and adjoining business is opposed to this. Floyd O'Brien of 1825 16th Avenue-)N. W. is also opposed. Ember Metz of 1842 16th Avenue N. W. stated that he is opposed to this. He stated that the alley is to small already. Jim Thompson, part owner of Phillips 66,stated that this is a bad location. Mr. Hardy has a -lot of traffic and this area could not handle it. Jim Suk wished to speak again and stated that Mr. Canfield has a sign on part of the alley and should be moved. He also stated that'the owner of the property on which Mr. Do -Nut is located,has signed a 30 year least granting him permission to use his drive. This lease was signed last year:. Alderman Solinger questioned the length of.time that Mr. Do -Nut would be using this business site. Mr. Suk stated that the owner signed the 30 year lease and that whomever leased the property would have to honor that lease. Mac Evans , Part owner of Hillcrest 66 is opposed to this business. Having no one else present that wished to be heard, Preside Postier closed the hearing. Larson moved, Allen second to support the decision of the Zoning Board of Appeals in denial of the variance. After discussion by the Council, vote was taken. Ayes (6), Nays (0). Motion carried. Resolution No. 75A-81. B-2 A Hearing.on the proposed local improvement -Project No. 6331-4-80A J 8750 Extension of Sanitary Sewer and Watermain on 31st Avenue N.W. from 43rd Street N. W. to 48th St. N. W. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 76-81 ordering the projec to be made. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Proposed Assessment on Project No. 7811-78 J 8659 Sanitary Sewer in 15th Street N. E. from a point 375 feet east of 15th Avenue N. E. to Viola Road; N.E. to a point 550 feet t a 11 North of South line N. W. 4 Sec. 30-107-13. Wishing to be heard RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 154-&5 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 February 17, 1981 Agenda Item B-3 was Bill Voelker of Rochester, Minnesota appearing for Mr. Mohn. Mr. Voelker clarified with the Public Services Department on the .exact location of the sewer line. Having no one else that wished to be.heard, President Postier closed the hearing. Allen moved, Larson second to adopt Resolution No. 77-81 accepting the assessments Ayes (6), Nays (0). Motion carried. B-4 A Hearing on the Proposed Assessments on Project No. 7901-J 8681 Extension.of Sewer and Water to serve the new S. E. Junior High School. Having no one present that wished to be heard, President Postier closed the hearing. Duffy moved, Strain second to adopt Resolution No. 78-81 accepting the assessments. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the ProposedAssessments for Project No. 6802-0-78 J 8681 Channel.and .D.rainage Improvements in Rocky Creek 1st Subdivision. President Postier.-.:spoke on behalf of himself as: a.property owner in the area_. He stated that the development behind his business caused his property to be flooded. He stated that he will pay for his assessment,. but did not think he was responsible for the project. Having no one else 'present that wished to be heard, President Postier closed the hearing. Solinger moved, ALlen second to adopt Resolution No. 79-81 accepting the assessments. Alderman Duffy stated that the amount of money on deferred assessments exceeds 50% and suggested tha- the procedure be looked into. He stated that the percentage is large and the Council should be aware of this before the project is done. Alderman Solinger stated that deferred information should be included in the feasibility report. Ayes (6), Nays (0). Motion carried. C-1 Strain moved, Larson second to approve the following Promotional Appointments in the Rochester Fire Department: Kenneth Nelson to Captain effective when he returns to active duty'and Jerry Richardt to Motor Operator effective when Kenneth Nelson returns to active duty. Ayes (6), Nays (0). Motion carried. C-2 Solinger moved, Allen second to approve the following appointments to the Downtown Development District Advisory Board: Franklin Iossi 1612 7th St. N. E. to fill expired term of Carl Laumann as HRA representative - Term expires December 31, 1983. James Carroll of 2110 Valkyrie Dr. N. W. Term Expires on December 31, 1983, Richard Cleeremans of 2510 Hillside Lane S. W. Term expires December 31, 1983 and Mary Lee Healy of 1725 7th St. S. W. Term expires on December 31, 1983. Ayes (6), Nays (0). Motion carried. C-3 Strain moved, Allen second to approve the appointment of Gordon Bluhm of 1309 5th Avenue N. E. to the Zoning Board of Appeals. Term to expire in 1983. Ayes (6), Nays (0). Motion carried. E-1 Larson moved, Duffy second to instruct the City Attorney to amend the Animal Control:Ordinance to accomplish the following: Make the vaccination requirements specificajl a 1 onl to the 1 rg r most likely to create a risk �fpas ing �n rabies to �iumans; and Agenda Item E-1 E-2 E-3 ,E-4 E-5 E-6 E-7 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 - February 17, 1981 2. To clear up the language.of this chapter to make it understood that hamsters,'turtles, and other small animals are not required to be registered with the. poandmaster. Ayes "(6),. Nays (0). *Motion carried. - Allen moved, Strain.second to Adopt Resolution'No. 80=87*accepting the agreement between the City of Rochester and Diversified Carriers Inc. for sidewalk in front of Diversified. Project -No. 1 J 8726. The Mayor and City Clerk are authorized to sign said agreement.- Ayes (6), Nays (0). Motion carried. Larson moved, Allen second to adopt Resolution No..81-81 approving the State'Model Records Retention Schedule. This is a retenti.on schedule which involves the whole City on disposition of records. Ayes (6), Nays (0). Motion carried. Larson moved, Strain second to approve the Applications of the fo.11owing.Solid Waste Haulers: BFI Waste Systems - 14 trucks, George Fenske-10 trucks, Orville Kirkham - 5 trucks, Fred Vage - 3 trucks, Stanley Watson - 5 trucks, William Watson - 1 truck. Ayes (6), Nays (0). Motion carried. Alderman Strain noted that the trucks have -been parking in the middle of hi:s. street when they pick up waste also they leave a trail of glass when the truck.leaves This should be corrected. Strain moved, Larson second to approve the appropriation.of approx. $7,400. from the Sewer Utility Fund to purchase the requested Drive Over Catch Basins to have on hand for street construction. Cost will be reimbursed to the Sewer Utility Fund as payments for these are received. Ayes (6), Nays (0). Motion carried. Allen moved, Duffy second to approve.and authorize the establishment of a position'of Community Housing Administrator. The position is assigned to Exempt Grid A, Range 13. Ayes (6), Nays (0). Motion carried. Allen moved, Solinger second to instruct the City Attorney to prepare the necessary documents to finalize the purchase of the Operation Building to permit the construction of the West Center Street Parking Ramp, with some negotiations pending on the actual purchase of this building. Ayes (6), Nays (0). Motion carried.. Solinger moved, Strain second to approve the request from the Rochester Lions Club for a parade permit for Saturday, June 6, 1981 at 2:00 P.M. with the following route: North from 6th Street S.W. thence East on 6th Street to Broadway; then North on Broadway to 7th St. North; thence East on 7th Street to Silver Lake. The Police Department approved the route with the advice to avoid going by the main Fire Station. Go 6th'St. S.W. to 1st Ave. then N. on 1st Avenue to 4th St. S. W. then East to Broadway. Ayes (6), Nays (0). `1 Motion carried. i RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 15,17 CITY OF ROCHESTER,. MINNESOTA Adjourned Meeting No. 31 - February 17, 1981 Agenda Item E-9 Larson moved,.Strain second to approve the request for a Dance Permit for Feb. 13, 1981 at McDonnell Hall at Mayo Civic Aud. ( This had approval -.'by a majority of the Council prior to this meet- ing.) Ayes (6), Nays (0). Motion carried. Strain moved, Larson second to approve the following licenses: Readmore News Bookstore Zumbro Hotel Building for a.Cigarette License. Rochester City Lines for Annual Bus Licenses for the year January 1, 1981 thru December 31, 1981.. Ayes (6), Nays (0). Motion -carried. Strain moved, Duffy second to approve the request for an Auctioneer'.s License for Harry Taibel of Lawrence, Long Island, N.Y. A Bond in the amount of $500.00 has been received. Ayes (6), Nays (0). Motion carried. Larson moved, Allen second to deny the application for an Auction by AAA Oriental Rugs, Inc. of Chatsworth California to be held at Mayo Civic Aud. on March 6, 1981. Ayes .(4)i Nays .(2). Alderman Strain and President Postier voting -Nay. Motion carried. After discussion by.the Council, Aldermen Duffy moved, Strain second to reconsider the motion. Ayes (5), Nays (1). Alderman Larson voting nay. Motion carried. Duffy moved, Solinger second to approve the application. Ayes (4), Nays (2). Aldermen Allen and Larson voting nay.. Motion carried. This item of Auction Licenses will be discusse at the.Committee of the Whole at the next meeting. Strain moved, Duffy second to approve the following two licenses: Request from Ken Chitwood of 626 Frrst Avenue S. W. for an Auctioneer's License pending receipt of the bond and Application for an Auction for HiFi Kenny's 626 First Avenue S W. pending receipt of the bond. Ayes (6), Nays (0). Motion carried. E710 Strain moved, Allen second to adopt Resolution No. 82-81 authorizinc the City Clerk to advertise for bids for one soil exploration drill.' Bids to be opened at 11:00 A.M. on March 9, 1981. Ayes (6)', Nays (0). Motion carried. E-11 Strain moved, Allen second to approve the accounts payable (':list attached ) semi monthly in the amount of $723,490.91. Ayes (6), Nays (0). Motion carried. E-12 Solinger moved, Duffy second to adopt Resolution No. 83-81 approving a lease with the City of Rochester and the Central Lutheran School for use as a park. Ayes (6), Nays (0). Motion carried. E-13 :Larson moved, Duffy second to approve and -adopt Resolution 84-81 setting the salaries of the City.Admini.strator at $45,000. for 1981 and the City Attorney for $43,300.00 Ayes (6), Mays (0). Motion carried. E-14 Solinger moved, Duffy second.to adopt Resolution No. 85-81 approving the Labor agreement between the City and Civil Police Dispatchers. Ayes (6), Nays (0). Motion carried. E-15 Duffy moved, Solinger second to approve the'application for a Plann- ed Unit Developmen.t,located at 20th Avenue and 5th Street S. W. to be known as Hiawatha.Adult Home. Ayes (6), Nays (0). Motion carried. r1518 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 - February 17, 1981 Agenda Item E-16 Strain moved, Duffy second to table the Proposal to amend the ROCOG Organizational Structure until another meeting.. Alderman Strain also requested an attendance record of all members for the past year. Ay.es."(6), Nays (0). Motion carried. E-17 Allen moved, Strain second to adopt Resolution No. 86-81 adding paragraph 100.5 to Section B No Parking Zones to read: (100.5) 4th Street S. E. on the north side from the driveway to County Health Center east to east end of Bear Creek bridge, at all times.: Ayes (6), Nays (0.). Motion carried. E-18 -Larson moved, Strain second to adopt Resolution No. 87-81 covering the following: -Amend Paragraph (41) of Section B, No Parking Zones (41) 1st Avenue S. E. on the west,side from 4th Street to one-half block south of 4th Street.at all times. Delete Paragraph (116) of Section B _No Parking Zones. Ayes (6), Nays (0). Motion carried. E-19 Strain moved, Allen second to instruct the City Attorney to prepare an Ordinance making the name change in Homestead Trails Replat that 15th Avenue S. E. as.platted in Homestead Trails lst Replat be change to 16th Avenue S. E. Ayes (6), Nays (0). Motion carried. E-20 Larson moved, Strain second to adopt Resolution No. 88-81 accepting the Engineer's Report and ordering a hearing for March 16, 1981 on Project No. 6306-4-80 J 8728 Street Reconstruction on 6th Avenue S. W.- N.W. from 2nd Street S. W. to.7th Street N. W. Ayes (6). Nays (0). Motion carried. E-21 Duffy moved, Strain second to adopt Resoltution No.89-81 approving an Engineering contract with Yaggyi and Associates, Inc. for CBD Storm Drainage Study on the Downtown Storm Drainage District. Ayes (6), Nays (0). Motion carried. The charges are not to exceed $30,000.00. E-22 Strain moved, Duffy second to adopt Resolution No. 90-81 approving Supplemental Agreement No. 2 for Project No. 8001 J 2128 Drainage Dit h Marion Road S. E. Increase of $1,302.53. Ayes (6), Nays (0). Motion carried. E-23 Strain moved, Solinger second to adopt Resolution No. 91-81 approving Supplemental Agreement No. 3 for Project No. 8001 J 2128 Drainage Dit h Marion Road S. E.-increased ,in amount of $2,193.00. Ayes (6). Nays (0).Motion carried. E-24 Solinger moved, Duffy second to adopt Resolution No. 92-81 approving a Supplemental Agreement No. 4 for Project No. 8001 J 2128 Drainage Ditch from Longfellow School to Bear Creek. The increase is $2,362.50 Ayes (6), Nays (0). Motion carried. E-25 Duffy movd, Strain second to adopt Resolution No. 93-81 approving Supplemental Agreement No. 6 for Project No. 8001 J 2128 Drainage Ditch Marion Rd. S.E. to Longfellow School.Increased amount is I . a [l Agenda Item E-25 E-26 F-1 F-l' I 5 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 - February 17, 1981 $1,140.00. Ayes (6), Nays (0). Motion carried. Solinger moved, Duffy second to adopt Resolution No. 94-.81 granting relief from the Fire Marshall's Order against the Carlton Hotel. Ayes (6), Nays (0). Motion carried. Strain moved, Allen second.to adopt Resolution No. 95-81 approving a resolution of the Public Utility Board approving a -Tandem axle dump truck for coal and ash hauling with Interstate GMC for $31;819.0( Ayes (6), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 96-81 approving a resolution of the Public Utility Board approving an agreement with Dairyland Powers Cooperative for the purchase of 8,000 kilowatts of -Service Schedule H Peaking Powers and associated energy for a two month period commencing July 1, 1981. Ayes (6), Nays (0). Motion carried. Larson moved, Strain second to adopt Resolution No. 97-81 approving a resolution of the Public Utility Board approving a purchase and Software agreement with Scott and.Scott Consultants, Inc. not to exceed $35,500.00. Ayes (6), Nays (0). Motion carried. An Ordinance Relating to the Official Street Map of Homestead Trails First.Repl,at Subdivision; amending the same to rename 15th Avenue S.E. to 16th Avenue S. E. was given its first reading. An Ordinance relating to Animal Control; amending Rochester Code of Ordinances Section 106.02 was given its first reading. An Ordinance Relating to Refuse Collection and Disposal; establishing standards of service and maximum fees; amending Rochester Code of Ordinances Sections 141.23 and 141.28 was given its second reading.. After discussion by the Council and Orville Kirkham of 3351 Marion Rd. S.E. who represented the Haulters of Rochester, Mr. Kirkham stated that they desired to have $6.75 charged and $1.00 for each. additional can in multiple dwellings After dicussion by the Council, they stated a desire to have the haulers charge multiple dwellings the same rate as the single family dwellings for..each separate address. Larson moved, Strain second to approve and adopt the Ordinance on an interim basis using $6.75 for each can and $1.00 for each additional can on Multiple dwellings. Ayes (5 ), Nays (1). Alderman Solinger voted nay. Motion carried and the ordinance was adopted. Information - 2-17-81 1. Notice of Claim :against the City filed by Diane and Greg Drugg - Referred to City Attorney and Finance Dept. 1520 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 31 - February 17, 1981 Agenda Item H-1 Solinger moved, Larson second to reconsider .the motion to approve the minutes of the February 2, 1981 meeting. Ayes (6), Nays (0). Motion carried. The minutes as stated in A-1 were corrected to read: B-1 A Hearing on the Rate adjustment for the Solid Waste Collectors. Alderman Solinger voted nay on the Motion approving the once -a -week carry out service. Larson moved,.Solinger second to approve the minutes with the above correction. Ayes (6), Nays (0). Motion carried. Having no further business, Larson moved , Duffy second to adjourn the Meeting. Ayes (6), Nays (0). Motion carried. City Clerk `1 J