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HomeMy WebLinkAbout05-18-1981RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M.; the fol- lowing members being present: President Postier, Aldermen Allen, Larson, Powers, Solinger, and Strain. Absent: Alderman Duffy. Aldermen Allen moved,.Powers seconde.d-, to. approve -the minutes -of the April 20 and April 22 meetings. Motion carried. Ayes (6), Nays (0). B-1 A Hearing on the Amendment to Federal Project MN-05-0007/Purchase of Buses and Bus Shelters. Having no one present wishing to be heard, President Postier closed the hearing. Aldermen Larson.moved, Allen seconded, to adopt Resolution No. 267-81 authorizing the filing of an amendment to Federal Project MN-05-0007 with the Department of Transportation, United States of America, for a grant under the Urba Mass Transportation Act of 1964, as amended. Motion carried. Ayes (6), Nays (0). B-6 A Hearing on Zoning Ordinance Revisions Allowing Creation of Special Districts. Wishing to be heard was Mr. Robert McIntosh, Member of the Rochester Planning and Zoning Commission. Mr. McIntosh spoke to the process the Planning and Zoning Commission followed in arriving at their decision. Having no one else present wishing to be heard, President Postier closed the hearing. After discussion Aldermen Allen moved, Powers seconded, to refer the matter back to the Com- mittee -of -the -Whole for further discussion. Motion carried. Ayes (6), Nays (0). B-2 A Hearing on the Creation of a Special District (Second Street) Ordinance. Having no one wishing to be heard, President Postier closed the hearing. After reference to the former hearing, Aldermen Allen moved, Larson seconded, to refer this item to the Committee -of - the -Whole for further discussion. Motion carried. Ayes (6), Nays (0)• B-3 A Hearing on the Appeal of the Decision of the Zoning Board of Ap- peals which upheld the decision of the Zoning Administrator who denied the use of B-lb property for Rachael's Rap. President Postier: Is there anyone in the audience wishing to be heard? Kenneth.Moen: Thank you, Mr. President, Members of the Common Council, Your Honor. My name is Kenneth Moen. I'm an Attorney here in town; I think I'm familiar with everybody here. I'm actually here on behalf of the tenant of the present operation, although the appeal is filed under the name of the landowner. That appeal was started before I became involved and continues on in his name and I have discussed this matter with him and have some limited authority to speak for him although I actually represent the tenant. I am here, first of all, to respectfully request that -the item be tabled :.56 1570 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL Agenda Item B-3 CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 this evening; the reason being, on behalf of the present tenant I have filed a zone -change application concerning that property on North Broadway. The change would request a change to a B-4 district The reasons I think that a tabling action would be appropriate now are, obviously whichever way.either of these decisions goes there may be grounds for further appeal. I don't see the need to divide this up into two separate actions because there is a limited appeal time from your decision tonight. In anticipatingthe possibility that you might rule on the side of the Zoning Board of Appeals I don't see the need to create litigation in this matter which might poss-ibly• be avoided by the zone -change application presently pending. If both of those are denied, I see no reason why they can' be consolidated for appeal at this level and; if need be, at any further level but I don't see the reason to protract litigation, incur additional expenses on both our side and.,,,possibly the City's side, if we consider these two separately. Therefore, I would re- quest -a tabling action at this time. President Postier: Thank you,.Sir. Anyone else in the audience wishing to be heard on this matter? Kenneth Moen: Mr. President, might I reserve the possibility of coming back to the podium if you decide not to.... President Postier: If no one else wishes to be heard and you wish to appear again, I will ask the Council if they agree. If yes, you may. Anyone else wishing to be heard? With the Council's permissio then I will grant Mr. Moen a return to the podium. Any objections? Yes, Sir. Kenneth Moen: I might say at this time that if there is any indica- tion that you are going to table it, perhaps you could poll the group. I don't see the need to go through this thing twice if there is a tabling pending; however, I will do it. Alderman Powers: Mr. Moen, it appears that you have something very interesting to tell us if we decide not to table ft. Maybe you coul tell us this before we decide. Kenneth Moen: I can -certainly do that, Mr. Powers. The issue, as i is laid out in the Zoning Administrator's report, is whether or not particular use involved at Rachael's Rap is "entertainment" within the B-lb zoning district. The Zoning Administrator has taken the position that, indeed, it is entertainment which would not be a permitted use in the B-lb, as you are all familiar, the neighborhood district. In letters to the owner, Mr. Beed, the Zoning Administrat has referred to several sections of the code in support of the argument that it is indeed entertainment. He sites Section 65.609 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item B-3 which is, in fact, a definition of "entertainment"; I will recite that verbatim: "Cocktail lounges, night clubs, theaters, billiard parlors, pool halls, bowling all.eys.and similar entertainment." Arguing, obviously, because rap parlors are something like Rachael's Rap is not specifically included in that language. The interpreta- tion must be a similar entertainment to those I have already sited. I would like to point out that those specifically referenced have these traits in common: they draw large crowds, primarily; they require a lot of parking; their customers -are likely to consume alcohol on the premises; they exit'late and in large crowds. It is obvious why those types of businesses are not preferred users in B-lb neighborhood businesses. I would like to contrast it to the operation at Rachael's Rap. There are two to three clients there at a time, parking is not a problem, they don't exit in large groups, there is no alcohol consumed on the premises and, in.general, the inspections have shown no problems since the present operator has gone into operation concerning the cleanliness of the operation on the premises. The single police report to the contrary concerns a disorderly person demanding an illegal act on the premises. It would, indeed ironic if that were held against this applicant for upholding the.law. Other than that, to my knowledge and as of the date of the last hearing, there has been no police activity problem there at all. In support of the Zoning Administrator's argument he has advanced I guess conceding the fact that within the exact language of "enter- tainment" this topic does not appear, he has advanced the intent of the B-lb district in support. That language specifically sited refers to businesses which are needed in the local neighborhood. I would like you to consider what is in that North Broadway area in that 900 block. There are numerous realty offices. I submit that if operations like the Hexum Realty are dependent upon the clientele from that exact neighborhood, they are not going to be in business very long. Every realty operation on that strip obviously serves the entire city. There is no other reason for them to be there other than good access, high traffic, high visibility, good parking; that is not the typical B-lb neighborhood deserving the protection under this ordinance. The typical neighborhood we are involved with is not your particular neighborhood B-lb district. It is, frankly, in- appropriately zoned; I think anybody with knowledge of that area will frankly admit. The State traffic survey most recently done in that area shows more than 1900 cars going by that particular block per day. It is characterized as the highest used traffic area in the city and the City is trying to protect it as a neighborhood business area. Around that Rachael's Rap operation right now is a large office supplier, numerous realty businesses; I don't think other than one shoe repair store there is one business in that area that one could accurately characterize as a neighborhood business. In addition, the businesses which have been prior to Rachael's Rap in this exact location do not fit so-called neighborhood businesses. There was formerly a realty operation there, two food chain opera- tions; nothing that has been there would be characterized accurately be 157 2 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item HE as --a neighborhood business-. All of a sudden after eight to ten year! of a similar operation operating down the block in a B-lb district the zoning staff has taken a position this cannot be permitted. The Velvet Touch existed in that B-lb district'for,eight to ten years and it was only recently, if I am not mistaken, at the same time Rachael's Rap -was sited in violation that the Velvet Touch was also sited. Where did this legislative intent -find expression from this body. No where. There has not been a zoning change that would re- quire that action. Nothing other than a change in interpretation after a long-standing poli.cy. It is for that reason that I have characterized this action in my appeal as arbitrary and capricious. And that, Mr. Powers, is my position on this appeal. Thank you very much. President Postier: Thank you.. Anyone else in the audience wishing to be heard? The gentleman on my left. Ervin Wiltgen: My name is Ery Wiltgen and _I live at 22 Tenth Street N.E. and I live in this area and I object to this zoning being changed to either B-4 for letting this establishment operate. Due to the fact that I think this Attorney said that we were all realty offices in this area. That's not true. There is an apartment com- plex right next door to it. There are people living in homes; Family Shoe Repair, there are people living there and it's in a residential area and I object to it. President'Postier: Thank you, Sir. Anyone else wishing to be heard on this matter? Fred Suhler: Mr. Chairman. President Postier: Yes, Mr. Suhler. Fred Suhler: Before you close the hearing, perhaps it would be well to, as long as this matter may end up in some litigation posture if the Council doesn't table it at this time, to hear from staff. We have the benefit, obviously, of the Board of Appeal minutes but I believe that Ms. Losinski,•from my staff, and Mr,. Beed at one point did, in fact, make an inspection of the premises. I think that sinc this whole question relates around something called "use",. it might be good to have.Mr. Beed or Ms. Losinski explain what they found in this inspection for your benefit for the record. President Postier: Would one of you people be good enough to come forward or both of you and give us information on what you found so that we can have it in the record. Alderman Strain: If the minutes would be all inclusive of what we hear, I would appreciate that. `1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL. CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item B-3 IPresident Postier: Yes, Sir. Name and address for the record, Mr. Beed. Donald Beed: Donald Beed, 334 14th Avenue S.W. I am the Zoning Ad- ministrator who had made an inspection with Ms. Losinski and a member of the Fire Department. During an inspection of the premises, I hav( to admit it's very clean, there were three booths, or rooms, set aside with a love seat in them and a TV. The TV was an audio-visual like a Beta -Max, where they could operate tapes of movies. The movies -that I did see that were laid outside on the desk were not what I would consider obscene, one was alien, and things of•that nature. However, the manager of the business did inform me that these televisions were not set up to Abel Cable or Cablevision. They were for the exclusive use of their patrons. In other words, that he was actually providing an entertainment -type use in the fact that he was showing movies on this location. There was a TV out in the lobby area that was hooked up to the cable system and it did pick up normal channels, but the two or three that were in the booths did not. Generally, there were no signs on the inside but there was some evidence that there had been some signs which had been placed around. This wasn't an announced inspection. I tried to re -inspect this afternoon but they were closed. Basically, that's all I saw. There wasn't really time. I had been at the other Rachael's Rap and this wasn't much different than the other Rachael's Rap. Thank you. President Postier: Any questions of Mr. Beed. Thank you, Sir. Fred Suhler: Mr. Chairman, if I might be permitted to ask Mr. Beed a couple of questions. Mr. Beed, did the manager, when -you went through this place, explain to you what the hours of operation were? Donald Beed: He explained it to Ms. Losinski and, if I recall, it was from 10:00 A.M. to 3:00 P.M.. Fred Suhler: Mr. Beed, dial the manager explain to you the nature of the business that was being conducted on the premises when you were there? Donald Beed: I -cannot right now recall what he said. President Postier: Any other questions, Fred? Fred Suhler: Just one other for Mr. Moen, I guess, Mr. Chairman, if the Council members have none. President Postier: Any questions from the Council? Ms. Losinski, did you wish to add anything? Elizabeth Losinski: Nothing, Mr. Chairman. 15 764 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item President Postier: Thank you. Mr. Suhler, proceed with the questiod. Fred Suhler: Mr. Moen is quoted in the Zoning Board of Appeals min- utes on page 3, the fifth paragraph, stating -that the nature of the business was "fantasy therapy" and I wonder if Mr: Moen would care t tell us at this time whether or not he stands by that statement. Kenneth Moen: I can explain what I understand the statement to mean Mr. Suhler. In my discussion with the present management who talked about what they do and they explain it essentially as follows: People are given the opportunity to discuss frankly and openly any topic of conversation. They are encouraged to speak openly, some- thing that in this society is not always easy to do. In my opinion, it is the exercise of the First Amendment -right. To characterize it as therapy I think is consistent with the purpose of this com- munity. If people disagree on whether fantasy is an appropriate vehicle of therapy, that's something else again. I'm not sure the zoning code does restrict that, however, Fred Suhler: I have no further questions.' President Postier: Okay, anyone else in the audience wishing to be heard on this matter? If not, I will close the hearing. What is your pleasure, gentlemen? Alderman Larson: I move we support the.Board of. Appeals and their denial. President Postier: You have heard the motion; do I have a second? Alderman -Powers: Second. President Postier: A motion and a second to support the Zoning Board of Appeals denial. Anymore discussion? Alderman Solinger. Alderman Solinger: Mr. President, Mr. Moen mentioned something about, itstruck me as not really being factual, about the word "therapy", using that in conjunction with what Rochester is all about. I am not too well informed on legal technology but I just don't take that easily. I think that whether there are regulations as far as the American Medical Associations or whatever, whoever regulates therapeutic methods that are used, I think that should be investigated, too, as to the inference on that to our community. President Postier: Any more discussion? All in favor of the motion say "aye". Opposed. Motion carried. Ayes (6), Nays (0). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ,5 " 5 CITY OF ROCHESTER, MINNESOTA Adjourned.Meeting No. 42 - May 18, 1981 Agenda Item B-4 A Hearing on the Zoning Change, West Side of North Broadway to First Avenue N.W. from Railroad Tracks to Sixth Street N.W. Having no one present wishing to be heard, President Postier closed the hearing. Aldermen Solinger moved, Strain seconded, to instruct the City Attorney to prepare an Ordinance initiating the change from M-1 and B-lb to B-4 zone. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Vacation of Utility Easements by Pepsi -Cola Bottlini, Company of Rochester. Having no one present wishing to be heard, President Postier closed the hearing. Aldermen Allen moved, Larson seconded, to adopt Resolution No. 269-81 vacating the utility ease- ment -on property in Hendrick's Subdivision. Ayes (6), Nays (0). Motion carried. B-7 A Hearing on the Final Plat for Woodhaven Second Subdivision. Hav- ing no one present wishing to be heard, President Postier closed the hearing. Aldermen Solinger moved, Powers seconded, to adopt Resolution No. 270-81 approving the final plat of Woodhaven Second Subdivision. Motion carried. Ayes (6), Nays (0). D-1 Aldermen Solinger moved, Powers seconded, to adopt Resolution No. 271-81 referring a petition to the Public Services Department for thl preparation.of the necessary feasibility report for a sidewalk con- struction on East River Road -- 24th Street to 27th Street N.E. Motion carried. Ayes (6), Nays (0). E-1 Aldermen Allen moved, Solinger seconded, to approve the transfer of 50 percent of the liquor license currently held by Deluxe, Liquor Store to Mr..James G.:Sullivan. Motion carried. Ayes (6), Nays (0) E-2 Aldermen Solinger moved, Larson seconded, to instruct the Mayor to sign Change. Order #2 for the. Water Reclamation.Plant Construction. The.change order affects the contract between -Paul -A. Laurence and Company and the City of Rochester. Motion carried. Ayes.(6), Nays (0).' E-3 Aldermen Solinger moved, Powers seconded, to approve the following licenses and bonds: Temporary On -Sale Non -Intoxicating Liquor - Betty Jean Shigaki, Rochester Art Center; Auction Permit.- Lowell Gilbertson, Gilbertson Auctioneering of Rochester; Auctioneer's License - Bret D. Oelke, Route #1., Winnebago, Minnesota; Heating, Ventilating, Air -Conditioning Contractor's License and Master In- staller's License - Michael D. Elnicky, Midwest Sheet Metal Works, Minneapolis; Cigarette Renewals - Frank's Mobile Station, 1005 North Broadway, Frank's Mobile Station, 3704 Highway 52 North; Cement Contractor Renewal - Paul E. McCann, Route #2, Eyota. Motion carries Ayes (6), Nays (0). 1.5a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Agenda Item E-4 E-5 E-6 E-7 WV E-9 Adjourned Meeting No. 42 - May 18, 1981 Aldermen Allen moved, Strain seconded, to approve the Parade Permit for the Olmsted County Memorial Association for a.parade on Monday, May 25, 1981. Motion carried. Ayes (6), Nays (0). Aldermen Solinger moved, Powers seconded,that the.bid for comprehen- sive general liability insurance and fleet insurance be awarded to the carrier of Home Insurance Company but that action be deferred on which.local agency would be awarded the bid until further study is completed on the bid amounts submitted. "Motion carried. Ayes (6), Nays. (0). . Aldermen Allen moved, Strain seconded, to adopt Resolution No. 272-8 awarding the bid for Furnishing and Installing Six Bus Shelters to Bob DeWitz Construction Company with a.bid of $23,937.60. Ayes (6), Nays (0). Motion carried. The Council considered bids for parking meters. Only one bid was received; that being.the bid from Duncan Industries. The bid was held unopened for Council action. Duncan'Industries is the present supplier for the City. Alderman Larson stated that he was reluctant to see the City served by just one system. Roger Plumb, Public Services Director, explained that when previous bids had been ac- cepted, serious consideration was given -to various alternatives; many companies use plastic replacement and other parts which would necessitate additional and different replacement parts other than what is now carried. Aldermen Powers moved, Strain seconded, to approve the opening of the bid from Duncan Industries. Motion.carried. ' Ayes (6), Nays (0) The bid from Duncan Industries was $269.81 per unit for a total of $40,471.50 for 150 Duplex Parking Meters, $1,768.98 for one set of spare parts per unit; Total Price F.O.B. Rochester - $42,240.48. Aldermen Larson moved, Powers seconded, to reject the bid from Duncan Industries. Motion carried. Ayes (6), Nays (0). Aldermen Powers moved, Larson seconded, to adopt Resolution No. 272A-81 directing the City Clerk to readvertise for the bids for the purchase of parking meters with no guarantee to accept the lowest price. Motion carried. Ayes (6), Nays (0). Aldermen Allen moved, Strain seconded, to adopt Resolution No. 273- 81 directing the City Clerk to advertise for bids for one self- propelled street sweeper for the Street and Alley Division. Bids will be opened on June 9; 1981 and considered at the Council meeting on June 15, 1981. Motion carried: Ayes (6), Nays (0). Aldermen Solinger moved, Powers seconded, to adopt Resolution No. 274-81 directing the City Clerk to advertise for bids for demolition of the Northwestern Bank Drive -In Facility. Bids will be opened on June 9, 1981 and considered at the Council meeting on June 15, 1981 Motion carried. Ayes (6), Nays (0). RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item E-10 Aldermen.Solinger moved, Strain seconded, to approve the payment of Accounts Payable in the amount of $465,623.41. Motion carried. Ayes (6), Nays (0).. E-11 Aldermen Powers moved, Larson seconded, to adopt Resolution No. 275-81 establishing a separate account within the accounts of the City of Rochester to be known as the Plummer House Account to be used as a repository for financial donations by citizens for the purpose of maintenance.and improvement of the Plummer House. Motion carried. Ayes (6), Nays (0). E-12 Aldermen Powers moved, Allen seconded, to adopt.Resolution No. 276-81 accepting the petition to vacate the ten -foot utility ease- ment on property located at 735 29th Street N.W. and calling for a public hearing on June 15, 1981. Motion carried. Ayes (6), Nays (0)• E-13 Aldermen Solinger moved, Strain seconded, to adopt Resolution No. 277-81 accepting the petition to vacate a ten -foot wide utility ease• ment between Lot l and 2, Block 1, Northridge Second Sudivision, NW corner of 29th Avenue and 25th.Street N.W. and calling for a public hearing on June 15, 1981. Motion carried. Ayes (6), Nays (0). E-14 Aldermen Solinger. moved, Larson seconded, to adopt Resolution No. 278-81 upholding the Rochester. Zoning. Board of Appeals decision on the Flood Plain Zoning Variance on Lots 2, 3, 6 and 7, Block 1, West Zumbro Addition. Motion carried. Ayes (6), Nays (0). E-15 Aldermen Solinger moved, Strain seconded, to adopt Resolution No. 279-81 accepting the bid of $34,375.00 from Nietz Electric of Rochester and awarding the contract to them for Project No. 7951 (J-6323) S.A.P. 159-115-02 for the improvement of the traffic signal and street l.ighting system at Sixth Street and South Broadway. Ayes (6), Nays (0). Motion carried. E-16 Aldermen Solinger moved, Arlen seconded, to adopt Resolution No. 280-81 approving a walkway and landscaping on the City Property adjacent to the Riverside Project and authorizing the City Clerk to advertise for bids. Bids would be opened on July 1, 1981 and con- sidered by the Council on July 6,.1981. Motion carried. Ayes (6), Nays (0). E-17 Concern was expressed by the Aldermen about the ownership and use of the tunnel system currently used by the Mayo Clinic and the Kahler Corporation and future.devel-opment within the downtown'area: Alder- men Powers.moved, Allen.seconded, to adopt Resolution No. 281-81 authorizing the City Clerk to advertise for bids for Project #6301- 3-81A (J-2506) Sanitary Sewer and Watermain Relocation in First Avenue S.W. and in First Street S.W. due to construction of proposed bank and -adjacent parking ramp. Motion carried. Ayes (6), Nays (0)• 15777 1578 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting'No. 42 -'May 18, 1981 E-18 Aldermen Solinger moved, Strain seconded, to adopt Resolution No. 282-81 and-Resolu.tion No. 283-81 declaring the costs to:be assessed and ordering the preparation of the assessment roll *and ordering a hearing on the proposed assessment for Project #5720-79 (J-8689) Construct Trunkline Watermain Between High/Low Level Water Systems it Country Club Manor. Motion carried.- Ayes (6), Nays (0). E-19 Aldermen Solinger moved,.Larson seconded, to adopt Resolution No. 284-81 and Resolution No. 285-81 declaring the costs to be assessed and ordering the preparation of the assessment roll and ordering a hearing on the proposed assessment for Project #8003 Division II (J-8718-).Watermain Extension from 32nd Street N.E. to 41st Street N.E. along East Side T.H. 63 North, Section 24, Cascade Township. Motion carried. Ayes (6), Nays (0). E-20 Aldermen Solinger moved, Strain seconded, to adopt Resolution No. 286-81 and Resolution No. 287-81 declaring the costs to be assessed and ordering the preparation of the assessment roll and ordering a hearing on the proposed assessment for Project #8003 Division (J-861E Sanitary Sewer on East Side T.H. 63 North 31st Street N.E. to 200 feet South of North Line Section 24, Cascade Township. Motion carried. Ayes (6), Nays (0).- E-21 Aldermen Powers moved, Solinger seconded, to adopt Resolution No. 288-81 and Resolution No. 289-81 declaring the costs to be'assessed and ordering the preparation of the assessment roll and ordering a hearing on the proposed assessment for Project #7.106-1-79 (J-8702) Storm Sewer Construction for Pennington Court N.W. Motion carried. Ayes'(6), Nays (0). E-22 Aldermen'Allen moved, Solinger seconded, to adopt Resolution No. 290-81 and Resolution No: 291-81 declaring the costs to be assessed and ordering the preparation of the assessment roll and ordering.a hearing on the proposed assessment for Project #6300-N-80B (J-8719) Watermain Extension in T.H. 63 North (R.O.W.) from Northern Hills Drive N.E: to 27th Street N.E. Motion carried. Ayes (6), Nays (0). E-23 Aldermen Powers moved; Solinger seconded, to adopt Resolution No. 292-81 and Resolution No. 293-81 declaring previously deferred costs to be assessed and ordering a hearing on the proposed assessment for Project #6202-3-74 (J-8518) Sewer and Water Extension to Serve Hillside School. Motion carried. Ayes (6), Nays (0). E-24 Aldermen Strain moved; Allen seconded, to,adopt"Resolution No. 294-81 authorizing the advertisement for bids for seven advanced design buses to be received -,on July 131, 1981. Motion carried. Ayes (6), Nays (0). E-25 Aldermen Larson moved, Allen seconded; to adopt Resolution No. 295-81 accepting the low bid of Doyle Connor Company at $13,267.26 for Sidewalk Project #1-1981 (J-8754); Rsolution No. 296-81 acceptinc a RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL .CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item E-25 the low bid of Doyle Connor Company at'$35,335.32 for Sidewalk Pro- ject #2-1981 (J-8755); Resolution No. 297-81 accepting the low bid of Doyle Connor Company at $31,906.40 for Sidewalk Project #3-1981 (J-8756); and Resolution No. 298-81 accepting the low bid of Doyle Connor Company at $107,865.18 for Sidewalk Replacement Project 1981 (J-8757). Motion carried. Ayes (6), Nays (0). E-26 Aldermen Solinger moved, Strain seconded, to approve the purchase price of $206,800 for the Shell Service Station at l North Broadway and instruct the City Attorney to prepare the necessary purchase agreement. Motion. carried. Ayes (6), Nays (0). E-27 Aldermen Solinger moved, Powers seconded, to approve the request by Struve's Paint Store to hold a sidewalk sale on June 5 and 6, 1981. Motion carried. Ayes (6), Nays (0). E-28 Aldermen Solinger moved, Strain seconded, to approve the request for a Carnival License for D and M Amusements, Incorporated to hold a carnival at Apache Mall on'May 19 through 23_, 1981 and to further study the existing ordinance dealing with carnival and circus lic- enses at a Committee -of -the -Whole meeting. Motion carried. Ayes (6), Nays (0). F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Min- nesota was given its first reading. (Cheap Charlie's and North Star Bar area). F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Min- nesota (Balance of the block on which Cheap Charlie's and the North Star Bar are located) was given its second reading. Aldermen Sol- inger moved, Allen seconded, to adopt the Ordinance as read. Motion carried. Ayes (6), Nays (0). F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Min- nesota (Lot adjacent.to Hardee's Drive -In Restaurant) was given its second reading. Aldermen Powers moved,-Solinger seconded, to adopt the Ordinance as read. Motion carried. Ayes (6), Nays (0). F-1 Aldermen Larson moved, Solinger seconded, to adopt Resolution No. 299-81 approving the execution of a contract with Kruse Company and Fraser Construction Company for installation of a drainpipe in Meadow Park South Fourth Subdivision. Motion carried. Ayes (6), Nays (0). F-1 Aldermen Solinger moved, Allen seconded, to adopt Resolution No. 300-81 approving the purchase of property from Jack J and Laura Hope Griffin (proposed 33rd Street extension). Motion carried. Ayes (6) Nays (0). 1580 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 42 - May 18, 1981 Agenda Item F-1 E-3 Aldermen Solinger moved, Allen seconded, to adopt Resolution No. 301-81 approving.the Lease Agreement,.with John Hoisington.for pro- pe.rty located.in the Northern Addition (Cocker Property). Motion approved. Ayes (5), Nays (1). Alderman Strain voted Nay. Having no further business, Aldermen Solinger moved, Larson seconded. to.adj.ourn the meeting.._Moti,on carried. Ayes..(6), Nays (0). 3us�u �DW Deput City Clerk Information - May 18, 1981 1. Notice of Claim 7-,Loren and.Emily Baker -vs City of Rochester Referred to City Attorney and Finance Depart- ment 2. Notice of Claim - Clayton Westrum Referred to Finance Department 3. Notice.of..Complaint - Mary Fogarty vs City of Rochester Referred to City Attorney 4. Notice of Complaint - Catheran Ann McCallus vs City of Rochester.. Referred to City Attorney 5.. Standing.Committee Meeting Minutes for March 16 and 23, April 27, May 4 and 11 ADDENDUM TO APPROVED LICENSES AND BONDS Cement License - Michael Lawson, Stewartville; Erect and Maintain Signs - Alvin E. Benike, Incorporated, Rochester; Renewal for On -Sale Intoxicating Liquor and Sunday Liquor - LeBistro Cafe, Rochester. Bonds - Great American Insurance Company for $3000.