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HomeMy WebLinkAbout10-18-1982RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL ILS45. , CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 18, 1g62 - Agenda Item A-1 President Postier called the meeting to order at 7:30 P.M., the follow- ing members being present: President Postier, Aldermen Allen, Bluhm, Powers, Solinger and Strain. Absent: Alderman Duffy. Bluhm moved, Allen second to approve the minutes of the October 4 and 7th, 1982,meetings. Ayes (6), Nays (0). Motion carried. B-1 A Hearing on the CY 1983 Application for State Transit Assistance. Wishing to be heard was Bill Malleris representing the Rochester, Center for Independent_.Living 1306.7.th St.N. W. and he stated that he supports the State funding of the Dial -A -Ride ZIPS service. He stated that consultants are stuffing the needs for Rochester and this service needs improving. The survey is not complete, but it shows the need. Having no one:el.se present that wished to be heard, Presid nt Postier closed the hearing.' Bluhm moved, Strain second to adopt Resolution No. 473-82 authorizing the submission of the CY 1983 State Transit Assistance application and the execution of the contract with the State of Minnesota for said assistance. Ayes (6), Nays (0). Motion carried. B-2 A Hearing on the Application for a Planned Unit Development ( Concept Statement ) on Christian Book and Gift Shop. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to approve the application subject to the following two conditions: 1. Move a driveway 6 feet at Broadway. 2. Make parking lot one - way in at Broadway and exit into alley. Ayes (6), Nays (0). Motion carried. B-3 A Hearing on the Application for Planned Unit Development ( Final Plan ) on Life Manor to be developed by Rochester Assembly of God Church. Wishing to be heard was Lloyd Gardner of 1204 21st St. N.E. and urged the Council to approve this plan. Having no one else present that wished to be heard, President Postier closed the hearing. Solinger moved, Bluhm second to adopt Resolution No. 474-82 approving the plan. Ayes (6), Nays (0). Motion carried. B-4 A Hearing on the Application for the Final Plat of Rochester Assembly of God Subdivision. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Strain second to adopt Resolution No. 475-82 approving the plat. Ayes (6), Nays (0). Motion carried. B-5 A Hearing on the Petition to Change the Zoning District from R-2 (Low Density Residential ) to M-1 ( Light Industrial ) on the North 41 Feet of the Telex Employee Parking Lot. Having no one present that wished to be heard, President Postier closed the hearing. Powers moved, Allen second to instruct the City Attorney to prepare an Ordinance making the change. Ayes (6), Nays (0). Motion carried. E-1 Strain moved, Allen second to.approve the.Request from the Civic Music Board to amend the Ordinance to expand the size of the board. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 1 846 Agenda Item E-1 E-2 E-3 E-4 E-5 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 18, 1 This. would be an addition of six at large members. Solinger moved, Bluhm second to amend -.the motion to state that the six at large members be selected from each of the wards. Vote was taken on the amended motion Ayes (4), Nays (2). Aldermen Allen and Powers voting nay. Motion carried. The original motion was voted on at this time. Ayes (6), Nays (0). Motion carried. The City Attorney was instructed to prepare an ordinance increasing the board from one person represen ing each ward to two persons. The Council stated that if the Music Board had strong feelings about the representatives being from the wards rather then at -large they could inform the Council before the second reading of the Ordinance. Powers moved, Bluhm second to approve the following licenses & bonds. Request received from LeRoy Signs, Inc. of Minneapolis to Erect and Maintain Signs in the City of Rochester for a period ending Dec. 31, 1982. The bond has been received. Request received from L & R Construction, Inc. of-Kasson, Minnesota to construct Cement Sidewalks Curb and Gutter and Driveways in the City of Rochester. Also received was an application for the same from A.B. Systems, Inc. The fees; and insurance have been received. The term ends Dec. 31, 1982. Application received for an Auctioneer's License from Regina A. Marmis of Rochester. Bond has been received. Term ends Dec. 31, 1982. Application for a Single Dance License to be held at the Masonic Templ on November 20, 1982 from the Job's Daughter's Bethel # 13. Applicati received to move a House from 1213 Fourth Avenue S. E. to 1743 West Center. This is to be moved Nov. 1, 1982. The Route has been approved by the Rochester Police Department. Application received to construct Sewer and Drains received from Peter Murphy of 2722 26th Avenue S. E. This is pending receipt of the insurance certificate and a $1,000. bond. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to approve the transfer of the On and Off- Sale. Non Intoxicating Malt Liquor for the East Side Inn. Mr. Clayton D. Lyke is currently the owner located at 826 Fourth Stree S.E. and the new owner will be Mr. Michael L. Persinger. The transfer is to take place November 1, 1982. Ayes (6), Nays (0). Motion carried Strain moved, Bluhm second to approve the application for a Pawnbroker License received from Mrs. Delores Crawley, Rochester, Minnesota. After Council discussion, Solinger moved, Bluhm second to table this for further discussion at a Committee of the Whole. They would like to have reference checks, and have a potential site for the store. Ayes (6), Nays (0). Motion carried. Strain moved, Allen second to approve the Accounts Payable ( semi montly ) list attached in the amount of $606,050.46. Ayes (6), Nays (0). Motion carried. E-6 Strain moved, Bluhm second to adopt Resolution -No. 476-82 authorizing the sale of General Obligation Improvement Bonds in the amount of $3,800,000. The Official sale states that bids will be opened in City Hall at 11:00 A.M. on November 9, 1982. Ayes (6), Nays (0). Motion carried. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - Octohar 18, 1982 Agenda Item E-7 Solinger moved, Allen second to adopt Resolution No. 477-82 authoriz- ing the City Clerk to advertise for bids to be opened at 11:00 A.M. on November 9, 1982. This is for furnishing seven 4-door sedans for the Rochester Police Department. Ayes (6), Nays (0). Motion carried. E-8 Strain moved, Bluhm second to approve the application for the General Development Plan of Baihly Woodlands subject to the following: 1. Street I connected to street A and 2. Loop Watermains at the cul- de-sacs. Ayes (6), Nays (0). Motion carried. E-9 Consideration was requested for the application to vary the provisions) of paragraph 67.400 to allow an addition to a house to be constructed below the Flood Protection Elevation. Wishing to be heard was Bob Suk, Attorney for Jerry Jensen, the owner of the house located at 816 4th Avenue S. E. Mr. Suk stated that Mr. Jensen was given - • - different'elevation levels. He used these levels to determine the construction of this addition. He was given levels of 1002.5, 1002.1 and 1001.7. He has had to have many variences in order to construct this addition. Mr. Suk stated that the neighbors all seem to have different elevations. He urged the Council to approve the variance. Don Beed of the Planning and Zoning Department stated that on March 31, 1981 a zoning certificate was issued to Mr. Jensen to permit him to construct an addition to his dwelling as long as the addition was elevated at or above the flood protection level of 1001.7 feet above mean sea level. On April 3, 1981 the applicant received a building permit from the Rochester Building and Safety Department for this construction. On April 20, 1981,the'applicant.v6ided out the building permit at the owner's request. On July 23, 1982 the Rochester Buildin and Safety Department noted that the addition had been constructed without a building permit and that essentially the job had been completed. The applicant was notified of the violation. Mr. Beed further explained that the elevation varied on the block because of the fall on the property so.that each person may have a different number. Mr. Beed stated that the elevation of .1001.7 was correct. The current construction is at an elevation of 1001.05 and is approx. 7 112 inches below the flood protection elevation. Aldermen stated that this is a beautiful addition, but that certainly Mr. Jensen shoul have obtained a permit. President Postier stated that Mr. Jensen is wrong in building without a permit, but that at this time he would recommend that we go thru the State Flood insurance program and see if.this project will have an effect on our Flood Insurance program. Alderman Powers agreed with President Postier. Having no further discussion, Bluhm moved, Powers second to table this until the City - receives the answer on the effects on our Flood Insurance Program. Ayes (6), Nays (0). Motion carried. E-10 Solinger moved, Allen second to instruct the City Attorney to prepare an Ordinance on the petition to annex by Ordinance 81.4 acres of unplatted land on the West Side of CSAH 8, Northerly of Baihly Woodlan Subdivision. Ayes (6), Nays (0). Motion carried. 1848 RECORD OF OFFICIAL PROCEEDINGS OF THE. COMMON COUNCIL Agenda Item E-11 E-12 E-13 E-14 E-15 E-16 CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No..16 - October 18, 1982 Allen moved, Bluhm second to adopt Resolution No. 478-82 approving the Rezoning petition of the Willow Creek Sewer District from AG ( Agriculture ) to R-1 ( Residential ) on 70 acres South and East of Willow.Creek Golf Course. The Olmsted County Board will be holding a public hearing on November 2, 1982 ...The:iCouftil recommends that the City Clerk forward this Resolution to the County Board. Ayes (6), Nays (0). Motion carried. Solinger moved, Strain second to adopt Resolution No. 479-82 approvini a certificate of correction for Oak Cliff First Replat - The descript was not correct in the original plat. Ayes (6), Nays (0). Motion carried. Powers moved, Bluhm second to adopt Resolution No. 480-82 deleting. the following lands from the Rural Service District and transferring them to the Urban Service District: 1. Willow Creek Park -Plat 5132 and Parcel 0605. New Office Building North of IBM ( Glatzmaier Land South)- Plat 5151 - Parcel 1600. Shopko ( North Haven ) Site - Plat 5185 - Parcel 0900. Seehuisen Industrial Park -Plat 3497-100 through 0900. Allen Property along Zumbro River at 37th Street N. W. Plat 5175-Parcel 1700. Ayes (6) Nays (0). Motion carried. A public heari will be needed in order to add lands to the Rural Service..District. An Ordinance will also be needed to add these lands. No action was taken on that part of the request at this time. Solinger moved, Bluhm second to table the Agreement for Sludge Application at the Rochester Municipal Airport. Additional language was needed in the agreement. Ayes (6), Nays (0). Motion carried. ;train moved, Allen second to adopt Resolution No. 481-82 approving a contract with Great Lakes Weather Service, Inc. for the 1982-1983 Winter Storm Warri:ing Service at a total cost of $545.00. Ayes (6), Nays (0). Motion carried. Bluhm moved, Powers second to adopt Resolution No. 482-82 amending the Comprehensive Parking Zones to read as follows: I. Add the following paragraphs to Section B, No Parking Zones: (42.1) First Avenue S. W. on the east side from a point 56 feet, more or less, sout of First Street to a point 74 feet, more or less south of Center Street, at all times. ( 42.2) First Avenue S. W. on the West side of the street from a point 74 feet more or less, south of First Street to a point 65 feet, more or less, south of Center Street at all times. DO M First Street S. W. on the north side from one-half block east of First Avenue to a point 35 feet, more;!or less, west`of First Avenue Zones nort alley s tre t from Center Street to a point 65 feet south , more or less, of Center (Street ( Kahler Hotel) at all times.. II. Amend the following paragraph .from Section D, Truck Loading to read: (13) First Avenue S. W. on the east side from the alley of Second Street to a point 25 feet, more or less, south of said ( Green Parrot). (16) First Avenue S. W. on the west side of the E n �J RECORD OF OFFICIAL PROCEEDINGS OF THE: COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 18, 1982 - Agenda Item E-16 III. Add the following paragraph of Section D, Truck Loading Zones: (6) West Center Street on the south side of the street from First Avenue to a point 49 feet, more or less, west of First Avenue. IV. Amend the following paragraphs to Section E, Passenger Loading Zones : (24) First Avenue S.W. on the West side of the street from a point 74 feet, more or less, south of First Street to the alley entrai ( Zumbro Hotel V. Delete the following paragraph of Section J, Passenger and Commodi- Loading Zones: (2.5) Del:ete -,This was the Operations.Bbilding which was tcxrn down. VI. Add the following paragraph to Section J, Passenger and Commodity Loading Zones: (2.8) First St. S. W. on the N Side of the street from a point 35 feet west of First Avenue to a point 81 feet, more or less west of First Avenue for the Kahler Hotel. (1.1) First Avenue S. W. on the east side of the street from Center Street to a point 74 feet, more or less, south of Center Street. VII. Amend the following paragraph of Section H, Limited Parking Zone! ( Zone D - 60 minutes ) to read: (10) First Avenue S. W. on both sides of the street between First Street and Fourth Street. VIII. Amend the following paragraph of Section I, Parking Meters ( Zor D - 60 minutes ) to read: (8) First Avenue S. W. on both sides of 1 street between First Street and Fourth Street. Ayes (6), Nays (0). Motion carried. E-17 Solinger moved, Bluhm second to adopt Resolution No. 483-82 amending paragraph (220) of Section B. No Parkin2 Zones of the Comprehehsive Parking Resolution to read as follows: 220 16th Avenue on both sides from 2nd Street to 5th Street between the hours of 8:00 A.M. to 9:00 A.M. Monday through Friday and from 3:00 P.M. to 5:30 P.M., Monday thru Friday. Ayes (6), Nays (0). Motion carried. E-18 Strain moved, Allen second to adopt Resolution No. 484-82 and 485-82 declaring the costs to be assessed and ordering a hearing to be held on November 15,1982 on the Proposed Assessment Project No. 8110 J 8771 Watermain Extension (CSAH # 4 ) from Pace Foods to General Warehouse. Ayes (6), Nays (0). Motion carried. E-19 Powers moved, Allen second to adopt Resolution No. 486-82 approving the Supplemental Agreement with Floyd Larson Construction Company for an additional Amount of $2,141.00 to provide for the construction of a watermain system to serve the SW area of Neil's Replat of Hillmer's Highview Acres. This is Project No. 8006-1-82 J 8729. Ayes (6), Nays (0). Motion carried. E-20 Strain moved, Powers second to adopt Resolution No. 487-82 approving the Supplemental Agreement with Road Construction, Inc. for Project No. 6331-4-80A for an increase of $7,556.25. This is to provide for the installation of 975 feet of pipe filter aggregate to aid in stab- ilizing the road. Ayes (6), Nays (0). Motion carried. ice e e 1880 Agenda Item RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 18, 1982 E-21 Strain moved, Solinger second to adopt Resolution No. 488-82 approvir a resolution of the Public Utility Board approving a contract agreeme with Larson Construction Company for furnishing SLP coal equipment garage. The amount includes a $10,000 contingency fund and $2,800 deduction for Alternate No. 1 the total amount is $154,200.00. Resolution No. 489-82 adopting a resolution of the Public Utility Board to approve a contract agreement with Clappier-Powell-Clark Tree Service for furnishing tree and brush clearing on 13.8kv dis- tribution lines. The amount to be $85,000.00. Resolution No. 490-82 approving a.contract agreement with Floyd Larsc Construction Company for a pumphouse construction for Well No. 29 Job No. 8006-1-82 J 8729. The amount to be $68,200.00. Resolution No. 491-82 approving a resolution of the Public Utility Board to approve a payment to C.O. Brown Insurance Agency for annual boiler insurance policy premium 8-1-82 to 8-1-83 The amount to be $56,968.00. Ayes (6), Nays (0). Motion carried. E-22 Bluhm moved, Allen second to approve and refer the Land and Assessmer split against two land parcels. Lots 6 and 7, Block 4 - Sewer/Water Extension Project No.6202-3-74 J 8518 and Lots 28 and 29 Block 4 Sanitary Sewer and Watermain - Project No. 5402-79 J 8693. Ayes (6), Nays (0). Motion carried. E-23 Allen moved, Powers second to approve the retaining the firm of SmiV Schafer and Ferguson to conduct an audit for the City of Rochester's 1982 fiscal year ( January 1, 1982 through December 31, 1982. ) Ayes (6), Nays (0). Motion carried. E-24 Powers moved, Solinger second to change the date of the hearing on the Proposed (Deferred ) Assessment from September 8, 1982 to November 15, 1982 on Project No. 6453-67 J 8116 Sanitary Sewer and Watermain Extension in North Skyline Dr. S. W. abutting Lots 56,! 58, 59, 41 42,.and 44 of North Sunny Slopes Addition. Deferred Assmt, is on Lot 57. The amount is $6,058.36. Ayes (6), Nays (0). Motion carried. E-25 Solinger moved, Strain second to adopt Resolution No. 492-82 terminal in9 its present a9 9 agreement with National Garages, Inc. to manage the Second Street Parking Ramp, and Statuary Parking Lot owned by the City. This is to terminate as of December 31, 1982. The Public Services Department is directed to give written notice on or before October 29, 1982 of said termination. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Relating to Intoxicating Liquor; providing for a Limita- on the number of licenses issued; amending the Rochester Code of Ordinances, Section 125.13 was given its first reading. Bluhm moved Allen second to suspend the rules and give the Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhm, Powers, Soling( Strain and President Postier voted aye. Ayes (6), Nays (0). Motion carried and the Ordinance as given its second reading. Powers moved, Bluhm second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. on I I RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Adjourned Meeting No. 16 - October 18, 1982 Agenda Item F-1 An Ordinance Relating to Intoxicating Liquor; defining the term "Exclusive Liquor Store"; defining the term "Restaurant"; Amending the Rochester Code of Ordinances, Sections, 125.01, Subd. 5, 125.01, Subd. 15; 125.08 was presented to the Council for a first reading on October 7, 1982. Solinger moved, Powers second to suspend the rules and give the ordinance a second reading. Upon roll call vote, Aldermen Allen, Bluhm, Powers, Solinger, Strain and President Postier voted aye. Ayes (6), Nays (0). Motion carried.and the Ordinan( was given its second reading. Powers moved, Bluhm second to adopt the Ordinance as read. Ayes (6), Nays (0). Motion carried. F-1 An Ordinance Rezoning certain Property.&:amending,. Ordinance No. 1659 known as the Zoning Ordinance of the City of Rochester, Minensota to M-1 ( Industrial ) in Block 72 of the Original Plat of the City of Rochester ( Telex Parking lot ) was given its first reading. F-1 An Ordinance Rezoning Certain Property creating a Planned Unit Dev- elopment District known as PUD-R-62 - Residential in Lot 2, Block 1 Rochester Assembly of God Subdivision ( Assembly of God Church Li`femanor ) was given its first reading. F-1 An Ordinance Annexing 81.4 Acres of Unplatted land situated on the west side of C.S.A.H. 8 and North of Baihly Woodland Subdivision in Rochester Township to the City of Rochester, Minnesota ( George Baihly land ) is given its first reading. F-1 An Ordinance Relating to the Music Board; increasing the number of members thereof; amending the Rochester Code of Ordinances Section 18.01 ( a total of 25 members two'from each ward and thirteen from th City at large was given its first reading. Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (6), Nays (0). Motion carried. i' Information - 19-18-82 City Clerk 1. Notice of Injury - Kenneth L. Roshon Ref.City Attorney & Finance 2. Summons and Complaint - Gerald P. Dubin and National Garages, Inc. City of Roch. and APCOA, Inc. ref. City Attorney and Finance Dept. 3. Notice of Damage - Craig A. Blomquist - Ref. City Attorney, Finance Department.and Park and Recreation.