HomeMy WebLinkAbout09-08-1982Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September..8, 1982
:President Postier called the meting to order at 7:30 P.M., the follo
ing members being pres-ent: President Postier, Aldermen Allen, Bluhm,
Duffy, Powers, Solinger and Strain. Absent: None.
Allen moved, Bluhm second to approve the minutes of the August 16 and
30, 1982 meeting. Ayes (7), Nays (0). Motion carried.
A Hearing on the Project No. 6200 -W- 2 J 8794 Sidewalk beautificati,
improvements on West Center,. -Street from 1st Avenue to Broadway on
the South Side and from the alley to Broadway on"the North side.
This is a proposed local improvement. Having no one present that
wished to be heard, President Postier closed the hearing. Solinger
moved, Duffy second to adopt Resolution No. 421-82 ordering the
project to be made. Ayes (7), Nays (0). Motion carried. Ron
Manning, Downtown Development District Administrator stated that
bids for this project could be advertised for immediately in order
to avoid any more time lapse. He stated that the only property owne
involved is the Pappas Brothers and tf.they would be willing to pay
100% of their share,. the bidding process could be waived. Roger
Plumb stated that as soon as bids could be let would benefit the
developer and the contractor because the weather would soon be getti
cold. Fred Suhler, City Attorney stated that the bids would have t
follow normal procedure according to the Minnesota Statute. Stevan
Kvenvold, City Administrator stated that a change order could be
used to include this project in the overall development. Mr. Suhler
stated that this would follow the procedure as normal improvement
projects. Having no more discussion, Bluhm moved, Duffy second to
adopt Resolution No. 422-82 authorizing the City Clerk to advertise
for bids to be opened at 11:00 A.M. on September 24, 1982 on the
above project. Ayes (7), Nays (0). Motion carried.
A Hearing on the Planning Commission Initiated Rezoning from B-lb
and PUD R-61 to R-3 ( Medium Density Residential ) on Property East
of the Apartments at 1609 loth Street S. E. Dave Alexander of
507 18th Street S. W. was present and wanted to know just exactly
where this was located. The Planning Department presented a map
and located this area for Mr. Alexander. Having no one else present
that wished to be heard, President Postier closed the hearing.
Solinger moved, Allen second to instruct the City Attorney to prepar(
an Ordinance making the change that can be adopted. Ayes (7),
Nays (0). Motion carried.
A Hearing on the Proposed Project 8211-J 8793 Street Improvements
and utility easements on Lots 78,79,80 and 81 of College View.
The utility easement is located on a designated ROW presently
referred to as 13th Avenue S. W. This is needed for sewer and
water to the lots from 14th Avenue S. W. Wishing to be heard was
Hal Henderson , owner of the lots. Mr. Henderson presented slides
to show the topographics in the area. Mr. Henderson stated that the
feasibility report as studied by our Public Services Department
stated that.the street width would not meet the required measurement
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
Agenda
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B-3 Improvement as a public street would also involve installation of
public sanitary sewer, watermain and storm sewer. Watermain service
would be required for domestic use plus fire protection and should
be extended from 14th Avenue S. W. to 13th Place S. W. and on 13th
Place S. W. to 9th Street S. W. Sanitary sewer should follow the
same alignment but would terminate approx. 360 feet south of 9th
Street S.W. A profile of the centerline of 13th Place S. W. based
on a topographic map indicated that the surface grades exceeded
20 percent from the south line of Lot 81 College View to a point
approx. 200 feet south. Since a street grade of 20 percent far
exceeds the maximum street grade allowable and this has to follow.
the existing ground contour in _.order to construct the street, the
Public Sercices Dept. does not recommend the construction. Mr.
Henderson stated that he would use the area with the steep grade for
a private drive. He stated that the street is presently being used
to gain access for other city residents. Wishing to be heard was
Dr. L.P. Howell of 1029 Plummer Circle. Hi.s land is abutts Mr.
Henderson's property and he is -not in favor of the roadway being
opened and he stated that the slides as presented by Mr. Henderson
did not show the steepness of the property as it really appears. He
is worried about vandals as this area would have no thr.0 road.
Wishing to be heard was Marilyn Maynard of 916 14th Avenue S. W.
and she stated that the lots of Mr. Henderson are at the rear of
her lot. She is worried about the snow, rain, etc. that would come
down from the property if this were to be developed. She objects
to this project and so do most of the neighbors that live around her.
Wishing to be heard was C.J. Smith of 915 14th Avenue S.. W. He
objected to this being developed a few years ago and still objects.
He stated that the birds live on this hill and he has a hobby of
feeding them. To allow a project in the area would destroy the
birds in the area. Wishing to be heard was Ray Lee of 1023 Plummer
Circle and objects to this. He stated that erosion would become a
problem if this steep grade would be developed. He also would object
to the assessment of a road that he does not want. Wishing to be
heard was Howard Polley of 1015 Plummer Circle and stated that this
is of no benefit to his property and he objects. Wishing to be
heard was Mr. Wes Johnson of 1001 Plummer Circle and isnot in agreem(
with Mr. Henderson. Wishing to be heard was Dr. Howell and he was
also concerned about the sewer and the level of flow -"would one of
these have to be built also?" Wishing to be heard was Mr. Henderson
and he stated that he agreed that the property is steep , but that
is where he would have a private drive . He does not want to create
an assessment, only a private drive. Having no one present that
wished to be heard, President Postier closed the hearing. Duffy
moved, Powers second to accept the Engineers..report and deny the
request. Ayes (7), Nays (0). Motion carried.
B-4 A Hearing on the Amended Final Plan for Southgate Circle. Having no
one present that wished to be heard,.President Postier closed the
hearing. Solinger moved, Strain second to adopt Resolution No.
423-82 approving the plan. Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
A Hearing on the Final Plat of Fred Schuster Industrial Park.
Having no one present that wished to be heard, President Postier
closed the hearing. Duffy moved, Bluhm second to adopt Resolution
No. 424-82 approving the plat. . Ayes (6), Nays (0). Alderman
Allen abstained. Motion carried.
A Hearing on the Application for a Final Plat of Oak Cliff First
Replat. Having no one present that wished to be heard, President
Postier closed the hearing. Powers moved, Strain second to adopt:
Wol.etdion No. :425-82 approving. the p1at..Ayes, (,7);" Nays (0,).Motion:
A Hearing on the Application for a Final Plat of Innsbruck Second
Replat. Having no one present that wished to be heard, President
Postier closed the hearing. Bluhm moved, Duffy second to adopt
Resolution No. 426-82 approving the plat..Ayes.!(7), Nays (0). Motion
Carried.
Strain moved, Bluhm second to approve the Mayor's appointment of
Lynn Egan of 2406 26th Street N. W. to the Housing and Redevelopment
Authority. She fills the vacancy of Joe Weis and the term will e6d
February, 1986. Ayes (7), Nays (0).Motion carried.
Discussion was held on the Mayor's recommendation for appointments
on the Library Board. One of the recommended apointments was a
non resident of the City of Rochester. The Library Board can have
non residents on its Board because the Library serves Olmsted County.
However, the Council felt that the representation from,the County
on the present Board is sufficent and the Council asked the Mayor
to review his recommendations further. Alderman Duffy stated that he
was concerned about the appointments. Some are in the City and he
stated that he knew of one appointment to the City Board of a person
who lived outside of the City. That of Rex Savage to the Historic
Preservation Committee. Alderman Duffy wants to.have the Council
set an appointment policy and stick to it. Aldermen agreed. Powers
moved, Bluhm second to table these appointments until the Mayor
can return a recommendation with all City residents for this board.
Ayes (7), Nays (0). Motion carried.
Duffy moved, Powers second to adopt Resolution No. 427-82 referring
the petition for the following local improvement to the Public Servic
Department for a feasibility study. - Construction of a high level
water tower, booster station and trunk main to serve southwest area
east of Folwell Heights and north of Salem Road. Ayes (7), Nays (0).
Motion carried.
Powers moved, Strain second to adopt Resoltuion No. 428-82 referring
the petition for the following local improvement to the Public Servi
Department for a.feasibility report - Sanitary sewer and water to
serve property between East River Road and T.H. 63 North and South
of 23rd Street N. E. Ayes (7), Nays (0). Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
Agenda
Item
D-3 Solinger moved, Strain second to adopt Resolution No. 429-82 referring
the petition for sewer and water.service.to Lot,27, Block 1, Country
Club Manor 1.stdAddition to the Public Services Department for a
feasibility report. Ayes (7), Nays (0). Motion carried.
E-1 Allen moved, Powers second to approve the requested changes to the
Sewer Billing procedure and instruct the City Attorney to prepare an
Ordinance making the changes. Ayes (7), Nays (0). Motion carried.
E-2 Solinger moved, Duffy second to adopt Resolution No. 430-82 authorizi
the Mayor and the City Clerk to execute the agreement with Patrick
and Joanne Ryan to provide for a covenant running with the land
for certain property owned by the Ryans located on 7th Street N. W.
to enable the City to issue a.building permit for the a 1teratton.
of said property. Ayes (7), Nays (0).Motion carried.
E-3 Strain moved, Bluhm second to approve the following licenses & Bonds:
Request for an Auctioneer's License received from Julian R. Brusse
1505 34th St. N.W. A Bond and Insurance papers have been submitted.
Request for a Single Dance permit for the Labor Temple Hall on
August 28, 1982 received from Elmer Schaeffer of 2917 8th Avenue
N. W. Request for Cigarette Licenses from the following: F. Roger
Springfield, Brooklyn Park for the Fred Springfield Corporation
DBA Chick's Billards of 103-107 Fourth Street S. E. Received from
Albert Hovda 616 Ninth Street S. E. for the Bait Box at 1131
Third Avenue S. E. and Shopko North and South Stores. Request
received from The Bait Box for Off -Sale 3.2 Beer license. Request
for On -Sale 3.2 Beer received from The Fred Springfield Corporation
DBA Chick's Billards at 103-107 4th St. S. E. Request received from
Rochester Police Benevolent'lAssociation fors.approval. of their annual
Policeman's Ball to be held at the Mayo Civic Aud. on September 24,
1982. Request received from Taylor and Martin, Fremont Nebraska
for an Auction permit for December 16, 1982. This will be held at
the Fairgrounds and will be auctioning trucks and tractors. The
Bond has been submitted. Request for a Raffle license received from
Independent Republican Women's Organization from Oct. 15 rather then
August 15 as previously approved by the Council. Ayes (7), Nays
(0). Motion carried.
Strain moved, Solinger second to refer the following licenses and
bonds to the Committee of the whole for further discussion: Request
from Ted Reynolds of 922 North Broadway for 3.2 Beer license for
The Supreme Court at 2901 Pennington Court.N. W. Request for On and
Off -Sale 3.2 Beer received from L.E. and Elaine Sweeney at 1618
Marion Road S. E. for an establishment known as Sweeney's Parksi:de
Cafe. Request from'Carl Bainter for a Sunday Liquor License
at 6 First Avenue N.W. and Request received from Pfaff's 315 First
Avenue N. W. for a Special Sunday License. Ayes (7), Nays (0).
Motion carried.
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E-4 1131uhm moved, Allen second to approve the request from the Kiwanis
Club of Rochester (Downtown Club ) for permission to hold their annua
r 1szs',
Agenda
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
Peanut Day Fund Raising campaign for September 20, 1982. This is held
from 8:00 A. M. until 5:00 P.M. Ayes (7), Nays (0). Motion carried.
Solinger moved, Bluhm second to approve the request received from
the League of Women Voters to hold a foot .race on October 9, 1982
from 10:00 to 11:00 A. M. The route has been approved by the Roches
Police Department. Ayes (7), Nays (0). Motion carried.
Duffy moved, Powers second to approve the semi-monthly Accounts
Payable (list attached) in the amount of $940,694.93. Ayes (7),
Nays (0). Motion carried.
Solinger moved, Bluhm second to adopt Resolution No. 431-82 approving
a leave of absence requested for Karmen A. Gusa of the Rochester
Public Library. The leave is from September 28, 1982 to December 31,
1982. Ayes (7), Nays (0). Motion carried. (,This is a maternity
leave).
Powers moved, Bluhm second to approving the Application for pre-
liminary plan of Life Manor PUD subject to the following conditions:
1. Provide minimum 25' setback to parking and 2. provide sidewalk
along 18th Avenue. Ayes (7), Nays (0). Motion carried.
Duffy moved, Solinger second to adopt Resolution No. 432-82 approving
the proposal from McGhie and Betts, Inc. for engi.neering services
on Project 8210 J 8790 - Basic Construction in Fred Schuster Ind.
Park. Ayes (6), Nays (0). Alderman Allen abstained. Motion
carried.
Bluhm moved, Duffy second to instruct the City Attorney to prepare
an Ordinance amending Ordinance No. 133 ( Parking Lot Ordinance )
to read as follows:
133.01 Establishment: The words "Municipal Parking Lot" as used in
this chapter shall refer to the parking lots described in this secti
Subdivision 1. Fire Hall Lot: Municipal Parking Lot No. 2 consists
of north one half of Lot 2, and all of Lots 3,4,5, and 6, Block 102
Wilson's Addition to the City of Rochester (76 stalls).
Subdivision 2. Library Lot: Municipal Parking Lot No. 6 consists
of all of Lots 1,2,3,4,5,6, in Block 23 of the Original Town of
Rochester lying west of a line 12.5 feet west, measured at right
angles, of the centerline of the main tract, as now exists, of the
Chicago Northwestern Railroad running thru said Block 33. ( 80
stalls ).
Subdivision 3. Airport Lot: Municipal Parking Lot No. 8 consists
of the area along the entire north side of the pbulic road adjacent
to the Airport Terminal Building . ( 16 stalls ).
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8., 1982
Agenda
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E-10 Subdivision 4. Riverside Lot: Municipal Parking Lot No. 9 consists
of Lots 14, 15, and 16 of Block 87 Wilson Addition to the City of
Rochester except the north 3.5 feet and except the south 4 feet
thereof. ( 24 stalls ).
Subdivision 5. M.C.Lawler Lot: Municipal Parking Lot No. 10 consists
of Lots 1,2,3 of Block 19 Moe and Olds Addition to the City of
Rochester. ( 68 stalls ).
133.02 Rates: Vehicles may be parked in a Municipal Parking Lot
without charge except between the hours of 8:00 A.M. and 6:00 P.M.
on Tuesday through Saturday of each week and except between the
hours of 8:00 A.M. and 9:00 P.M. on Mondays. Vehicles may also
be parked without charge in a municipal parking lot on the following
legal holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day. During the ex-
cepted hours above, patrons of a municipal parking lot shall pay
the parking charge or fee for each vehicle parked during one day
as provided in this section. The following.parking rates shall
be set forth upon instruction plates attached to each parking meter
in Municipal Lot 2,6,8,9,10.
Sub. 1. Parking fee for Municipal Parking Lot No. 2 is:
90 Min. Zone - 15 minutes - token or 5 cents ( minimum charge)
30 minutes - 10 cents
1 hour - 20 cents
75 minutes - 25 cents
90 minutes - 30 cents ( maximum parking time )
3 Hour Zone - 15 minutes - token of 5 cents ( minimum charge )
30 minutes - 10 cents
1 hour - 20 cents
1 1./4 hrs. - 25 cents
2 1/2 hrs. - 50 cents
3 hours - 60 cents ( maximum parking time )
10-Hour Zone - 1 hour - token or 5 cents.( minimum charge )
2 hours - 10 cents
5 hours - 25 cents
10 hours - 50 cents ( maximum parking time )
Sub. 2. Parking fees for Municipal Parking Lots No. 6 and 10:
15 minutes - token or 5 cents ( minimum charge )
30 minutes - 10 cents
1 hour - 20 cents
1 1/4 hour - 25 cents
2 1/2 hours - 50 cents
3 hours - 60 cents ( maximum parking time)
Sub. 3. Parking fee for Municipal Parking Lot No. 8:
i829.
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CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982'.
Agenda
Item
E-10 5 minutes - 5 cents (minimum charge )
10 minutes - 10 cents
20 minutes - 20 cents ( maximum parking time )
Sub. 4. Parking fee for Municipal Parking Lot No. 9:
15 minutes - token or 5 cents ( minimum charge )
30 minutes - 10 cents
60 minutes - 20 cents
75 minutes - 25 cents
90 minutes - 30 cents ( maximum parking time )
133.03 Operation of Municipal Parking Lots
Subdivision 1. Collection: - Fees for parking in all Municipal
Parking lots shall be collected and parking time purchased by parking
meters installed at the head of each parking stall. The installation
maintenance and repair of parking meters and collection of parking
fees shall be done by the same City employees who perform the same
services with respect to parking meters installed on public streets.
Subdivision 2. Violations.: No person shall park a vehicle in a
Municipal Parking lot without depositing immediately thereafter in
the parking meter at the head of the parking stall the parking fees
required by this-6h'apter. Upon depositing such fees, the parking
space may be occupied by such vehicle for the pe►ri od,)af time purchase
A vehicle shall be wrongfully parked in violation of this chapter
if it is allowed to remain in the parking lot for a longer period of
time than purchased by the deposit of arking;fees.A-red s* n or .viol,
signal showing—i-n a parking. meter. sh 1 pri. ascie. euig n
ta:, vei%ce.iswr efu�T
parked. The presence of a vehicle wrong uly parked in a Agm c 4al
Parking Lot shall be prima fascie evidence that the person is whose
name such vehicle is registered as owner is the person who wrongfully
parked such vehicle and violated the terms of this chapter.
Subd. 3. Use of Slugs: No persons shall deposit or cause to be
deposited in any parking meter any slug, device or substitute for
a lawful coin of the United States.
Subd. 4. Unlawful Acts: No person shall deface, tamper with, open,
willfully injure, break, destroy or impair any parking meter installe(
in a Municipal Parking lot except that designated employees of
the City may open said meters for the purpose of repairing or main-
taining the same or making collections therefrom.
Subd. 5. Impounding of Vehicles: Any unoccupied vehicle found parked
in violation of the provisions of this chapter may be 'immediately.
removed and impounded by any police officer or person duly authorized
by such policy offier. The cost of removing and impounding such
vehicle shall be borne by the owner thereof.
Vote was taken - Ayes (7), Nays (0). Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
Agenda
Item
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Strain moved, Allen second to adopt Resolution No. 433-82 awarding
the low bidder of Rochester Sand and Gravel, Inc. Rochester,
Minnesota in the amount of $11,810.00 for Project No. 7503-8-82
J 4946 Construction of a bikepath on the south side of Pinewood
School to llth Avenue S. E. Ayes (7), Nays (0). Motion carried.
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Strain moved, Duffy second to adopt Resolution No. 434-82 awarding
the low bidder of Rochester Sand and Gravel, Inc. Rochester
Minnesota in the amount of $51,383.70 for Project 6203-3-82 J 8792
Street Improvements on 3rd Street S. W. from 1st Avenue to 3rd Ave.
S. W. including sidewalk, curb and gutter, and asphalt paving.
Ayes (7), Nays (0). .Motion carried.
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Bluhm moved, Strain second to adopt Resolution No. 435-82 and 436-82
declaring the cost to be assessed and ordering a hearing to be held
on October 4, 1982 for the following: Sidewalk Replacement Project
No. 1-1981 J 8757. Ayes (7), Nays (0). Motion carried.
E-14
Solinger moved, Bluhm second to adopt Resolution No. 437-82 and 438-
82 declaring the cost to be assessed and ordering a hearing to be hel
on October 4, 1982 on Project No. 7904-1-79 J 8688 Basic Construction
in Radichel First Subdivision. Ayes (7), Nays (0). Motion carried.
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Strain moved, Bluhm second to adopt Resolution No. 439-82 approving
a Supplemental Agreement No. 1 for Project No. 6354-81 J 8746
Drainage Ditch to 18th Avenue N. W. to 15th Avenue N. W. ( north
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of John Adams Jr. High School ). This is an increase of $2,371.00.
Ayes (7), Nays (0). Motion carried.
E-16
Bluhm moved, Strain second to adopt Resolution No. 440-82 approving
a Supplemental Agreement No. 1 for Project No. 5815-81 J 8745
increasing a contract price by $4,290.00 on the Northern Heights
Drive project. Ayes (7), Nays (0). Motion carried.
E-17
Solinger moved, Duffy second to adopt Resolution No. 441-82 approving
a Supplemental Agreement No. 2 for Project No. 5815-81 Northern Heigh
Drive increasing the contract amount by $1,300.00. Ayes (7), Nays
(0).Motion carried.
E-18 Bluhm moved, Powers second to adopt Resolution No. 442-82 approving
Supplemental Agreement No. 3 for Project No. 5815-81 J 8745 Northern
Heights Drive project increasing the project by $2,425.00. Ayes
(7), Nays (0). Motion carried.
E-19 Solinger moved, Allen second to table the Request for an Application
for Wine and Beer License by the Supreme Court 2901 Pennington Court
N. W. for further discussion. Ayes (7), Nays (0). Motion
carried.
F-1 An Ordinance Rezoning certain Property and Amending Ordinance No. 16
known as the Zoning Ordinance of the City of Rochester to Rezone to
R-3 Medium Density Residential District on -property'located East
1832 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 11 - September 8, 1982
Agenda
Item
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of the Apartments at 1609 loth St. S..E. ( Lowell Penz ) was given
its first reading.
An Ordinance Rezoning certain property previously zoned as PUD-R-61
Amending the Boundaries thereof; amending Ordinance 2249 ( Lowell
Penz ) was given its first reading.
An Ordinance pertaining to the Sewer Billing Procedure changes
was given its first reading.
An Ordinance Relating to Municipal Parking Lots and Parking Reg-
ulations; Establishing the Boundaries thereof and rates for parking
therein; Amending the Rochester Code of Ordinances Sections 133.04,
133.05 and 133.06 and 133.07 was given its first reading.
An Ordinance Relating to Dog Licenses; Providing for issuance of a
one year dog license under certain circumstances; amending Rochester
Code of Ordinances Sections 106.02 and 106.03 was given its second
reading. Allen moved, Bluhm second to adopt the Ordinance as read.
Ayes (7), Nays (0).Motion carried.
Having no further business, Allen moved, Powers second to adjourn
the meeting. Ayes (7), Nays (0). Motion carried.
City Clerk
Information - 9-8-82
1. Notice of Claim - Lucille Small - Ref. to City Attorney and FinancE
2. Notice of Appeal to District Court'- Park Place Apartments vs
City of Rochester - Ref. to Attorney and Finance
3. Notice of Appeal - John Pervin vs City of Rochester - Ref. AttornE
and Finance Department
4. Letter from Debi Nassif - Re: Complain about Starlings.
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