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HomeMy WebLinkAbout11-04-19852536 RECORD OF OFFICIAL PROCEEDINGS CITY OF ROCHESTER, Regular Meeting No. 17 - November 4, Agenda Item OF THE COMMON COUNCIL MINNESOTA 1985 President Postier called the meeting to order at 2:00 P.M., the following members being present: President Postier, Aldermen Allen, Bluhm, Duffy, Powers ,Solinger and Strain. Absent: None. Allen moved, Strain second to approve the minutes of the October 21, 1985 meeting. Ayes (7), Nays (0).Motion carried. C-1 Solinger moved, Powers second to approve the appointment by Mayor Hazama to the Cable TV Advisory Committee as follows: Jeff Korsmo of 11 Elton Ridge Court N. W. He fills the unexpired term of William Crawford who resigned and the term ends' December 31, 1988. Ayes (7), Nays (0).Motion carried. C-2 Bluhm moved, Strain second to approve the appointment by Mayor Hazama to'the Energy Action Committee as follows: Doug Ondler of 924 17th Street S. E. He fills the unexpired term of Gregory Munson who resigned. Ayes (7), Nays (0).Motion carried. C-3 Duffy moved, Powers second to approve the apointment by the Mayor to the Building Code Board of Appeals as follows: Vimal Shah of 3908 19th Avenue N. W. Mr. Shah fills the unexpired term of John Benike and the term will end November, 1987. Ayes (7), Nays (0). Motion carried. C-4 Powers moved, Allen second to approve the appointment by the Mayor to the Ventilating and Air Conditioning Board as follows: Phillip L. Breutzman of 1503 14th Street N. W. He fills the unexpired term of Lloyd Collopy and the term expires November, 1988. Ayes (7), Nays (0).Motion carried. C-5 Duffy moved, Strain second to approve the appointments by Mayor Hazama to the Rochester Human Rights Commission as follows: Mary Jane Weamer of 2921 7th Avenue N. W. replacing Deborah Bowman. Term expires on May 1, 1988. Gwendolyn (Peg) Twentyman of 211 2nd Street N. W. She fills the unexpired term of Anita Bunting. Term expires May 1, 1986. Tung Thanh Nguyen of 2121 44th Street N. W. replacing Dwight Gorneau. Term ends May:l, 1988. Donald R. Nichols of 207 5th Avenue S. W. He is reappointed for a three year term to May 1, 1988. Ayes (7), Nays (0).Motion carried. C-7 Allen moved, Strain second to approve the appointment by Mayor Hazama to the International Affairs Committee as follows: Dr. Lyman S.V. Judson of 207 Fifth Avenue S. W. and David Moretel of 2526 6th Avenue N. W. Ayes (7), Nays (0).Motion carried. C-6 Bluhm moved, Solinger second to approve the appointment by Mayor Hazama to the MACADA ( Maya's Advisory Committee on Alcohol and Drug Abuse ).as follows: Lt. R.G. Neuman of 1610 5th Avenue S. E. Replacing Warren Zimmerman , Wilma Douglas P.O. Box 911 replacing Sharon Kueker and Roger Ring of 2641 12th Avenue N. W. replacing Bill Walker. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 4, 1985 Agenda Item D-1 Strain moved, Solinger second to adopt Resolution No.573-85 referring the petition for local improvements - Watermain - to serve Salem Sound lying in a part of the SE 1/4 of Sec. 9, Township 106 North, Range 14 West - submitted by Lowell Penz.- to the Public Services Department for a feasibility study. Ayes (7), Nays (0).Motion carried. E-1 Allen moved, Bluhm second to approve the allocation of the 1985 Community Development Block Grant appropriations contingent upon final eligibility determinations by HUD. These totals were arrived at by an average vote of the Common Council. The allocation is as follows for each catagory: Child Care Resource and Referral $ 17,000. Gift of Life 15,000. RAEDI 26,000. Lourdes High•School -25,000. HRA Residential Rehab. 150,000. Architecutral Barrier Removal 38,000. Administration 12,000. Tree Removal Subsidy 3,000. River Clean -Up 4,000. Downtown Development ( Slum & Blight ) 50,000. Flood Control 73,000. Total 413,000. Remainder 12,000. Total amount of CDBG Funds for 1986. - 425,000. President Postier stated that these amounts as listed above is not a commitment as to the exact allocation. The reason is because the City is not sure of the exact amount that will be funded thru the CDBG program. Aldermen Strain and Solinger both commented on the fact that funding for some programs were less then the initial request. If these agencies cannot use the money allocated, then these will be reprogrammed by the City Council. It was noted by the City Administration Department that funds are to be used for the projects as indicated by the agencies when they applied for the funds. If they do not use monies for these specific programs, the agency will forfeit the money.and the City will reprogram the allocation. Having no further comments, vote was taken.. Ayes (7), Nays (0).Motion carried. E-2 Request was received for a reduction in the radius of the 17th Avenue N. W. - Bel Air First Subdivison - Cul-de-sac. Wishing to be heard on behalf of this request was Roger Plumb, Public Services Director. He stated that they recommend .that the ROW be reduced from 100 feet to 85 feet which may allow Mr. Stan Mohn to develop an additional lot in this area. Mr. Stan Mohn was also present and indicated that he desired the 100 foot radius because he stated that the future extension of the street was blocked by the construction of a church in the area and Mr. Mohn should not have to suffer this loss because of the church. After Council discussion, Solinger moved Agenda Item E-2 E-3 E-4 E-5 E-6 E-7 E-9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeging No. 17 - November 4, 1985 Allen second to table this matter and have further discussion at the Committee of the Whole. Ayes (7), Nays (0).Motion carried. Mr. Mohn at this point stated that he would accept the 85 foot ROW as recommended by the Public Services Department. Allen moved, Bluhm second to remove the tabled item from the table. Ayes (7), Nays (0).Motion carried. Allen moved, Bluhm second to reduce the Bel Air First Sub. 17th Avenue N. W. cul-de-sac radius to 85' contingent upon the platting or dedication of the street area to the public. Ayes (6),Nays (1). Alderman Solinger voting nay. Motion carried. Strain moved, Bluhm second to approve the following licenses and bonds: Request received from Gerry Webster, Zumbrota for an Auctioneer's license for the period ending Dec. 31, 1985. Request received from St. Mary's Hospital for an Auction permit for Oct. 26, 1985. Preliminary approval was given on this application. Request received from Austin P. Keller Construction Company Inc. St. Paul for a Sewer and Drain License for a period ending Dec. 31, 1985. Application was received from Cragg Signs inc. from Golden Valley for a license to Erect and Maintain Signs for a period ending Dec. 31, 1985. Request received from the Aviary Restaurant for a single dance permit to be held on Oct. 31, 1985 (Preliminary approval was given on this ). Ayes (7), Nays (0). Motion carried. Solinger moved, Allen second to approve the extension of 60 days for the sidewalk permit for the Unification Church of Rochester from November lst, to December 31st, 1985. Ayes (7), Nays (0). Motion carried. Duffy moved, Strain second to adopt Resolution -No. 574-85 setting a hearing date for the weed and tree removal assessments to be held on November 18, 1985..Ayes (7), Nays (0).Motion carried. Duffy moved, Strain second to approve the semi-monthly Accounts Payable in the amount of $1,335,429.01 ( list on file in the City Clerk's office ). Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the retaining of the firm Smith, Schafer and Ferguson to conduct an examination of the financia statements of the Rochester City Lines Company for the year ending December 31, 1985. Ayes (7), Nays (0). Motion carried. Strain moved, Solinger second to adopt Resolution No. 575-85 author- izing the City Clerk to advertise for bids on protective clothing for the City meeting the latest NFPA and OSHA standards. Bids to be opened at 11:00 A.M. on November 25, 1985. Ayes (7), Nays (0). Motion carried. Bluhm moved, Allen second to approve the No. 85-20 Preliminary Plat of Apple Ridge II subject to the following: 1. All existing structureson the platted lots ( former apple orchard buildings ) Agenda Item E-9 E-10 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 2539 CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 4, 1985 that do not conform to the R-1 setback standards must be removed but not prior to final plat approval as recommended by staff. 2. The profile of Beacon Drive should be checked by the applicant to see if it's comparable with the future profile of 20th Street S. W. 3. The easement between Lots 23 and 24, Block 1, should be at least 25 feet wide to contain 3 utilities. 4. Define easements on the plat. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the PUD# 85 - 12 , Revised Preliminary Plan of Lakeview Homes of Green Meadows II subject to the following conditions: 1. Relocate existing storm sewer so it is not located under any dwelling units as provided on concept plan. 2. All underground utilities must have access manholes raised or changed to coincide with new surface elevations. 3. Easements will be needed to the public watermain. Also a contract between the City and the owner will be necessary to insure construction of the watermain. 4. Applications and permits needed for sidewalks and approaches before construction. NOTE: The previous preliminary plan approval did not require the application to provide sidewalks along this project in Greenfield Lane or Greenfield Drive. No sidewalk permits are necessary. 5. Provide all necessary electrical and telephone utility easements on the final plat. 6. Provide plans for the below grade or bermed storm shelter with a design meeting, Building Code standards,for flood plain requirements handicap accessibility, occupancy load, light and ventilation re- quirements and of a size to meet the standards of the Zoning Code (at least 320 square feet ). 7. Developers should provide for recreational vehicle parking area or restrict their storage by placing the restriction on the final plan drawing and in the homeowners association bylaws. 8. Note on plans the exterior lighting proposed. Ayes (7), Nays (0). Motion carried. Strain moved, Bluhm second to adopt Resolution No. 576-85 approving the setting of a date of hearing to be December 2, 1985 on the Vac 85-25 Petition to vacate the West three feet of the 10 ' utility easement located at 4316 and 4314 13th Avenue N. W. Ayes (7), Nays (0).Motion carried. Powers moved, Bluhm second to adopt Resolution No. 577-85 approving the setting of the hearing date to be December 2, 1985 on the vacation No. 85-24, Petition to vacate the walkway located between the homes at 1412 and 1418 21st Avenue N. E. in Parkwood Hills. Ayes (7), Nays (0).Motion carried. Solinger moved, Duffy second to adopt Resolution No. 578-85.setting a new bid date of November 14, 1985 at 11:00 A.M. on the 2nd Street Ramp Heating conversion. Ayes (7), Nays (0).Motion carried. ���® RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Reqular Meetinq No. 17 - November 4, 1985 Agenda Item E-14 E-15 E-16 E-17 E-18 F-1 F-1 F-1 Duffy moved, Bluhm second to adopt Resolution No. 579-85 authorizing the installation of a choker on the north leg of llth Avenue and 16t1 Avenue N. W. for a period of November 1, 1985 to April 1, 1986 on a trial basis. Ayes (7), Nays (0).Motion carried. Solinger moved, Strain second to adopt Resolution No. 580-85 approv- ing the removal of the following stop signs: 1. 2nd Street S. E.@ 12th Avenue North leg 2. 2nd Street S. E. @ 13th Avenue North and South leg 3. 2nd Street S. E. @ 13 112 Avenue South leg 4. 2nd Street S. E. @ 15th Avenue South & North leg 5. 2nd Street S. E. @ 16th Avenue south leg. Ayes (7), Nays (0).Motion carried. Duffy moved, Allen second to adopt Resolution No. 581-85 approving tI following parking changes: 1. adopt Paragraph 2.5 to Sec. H Zone F of the Comprehensive Parking Resolution - 2 hour Parking to read: (2.5) Fifth Street S. W. on the South side from 8th Avenue to Ninth Avenue - Monday thru Friday 8:00 A.M. to 4:00 P.M. Ayes (7), Nays (0).Motion carried. Bluhm moved, Solinger second to deny the request for adding no parking on 8th Avenue S. W. on the west side from 5th Street to 60 feet plus or minus south. Ayes (7), Nays (0).Motion carried. Allen moved, Powers second to adopt Resolution No. 582-85 approving a resolution of the Public Utility Board as follows Purchase Agreement with Syscon Corporation for furnishing an electronic meter reading system. The amount of the agreement is $39,675.00. Ayes (7), Nays (0).Motion carried. An Ordinance Relating to Wages on Public Projects; providing for the Repeal of the Rochester Code of Ordinances, Chapter 25 was given its first reading. An Ordinance Relating to Cable Television; establishing a maximum ra e for basic service; amending the Rochester Code of Ordinances, Chapter 91 was given its second reading. Solinger moved, Strain sec nd to adopt the Ordinance as read. Upon Roll call vote, Aldermen Bluhm, Solinger, Strain and President Postier voted aye. Ayes (4), Aldermen Allen, Duffy and Powers voted nay. Nays (3). Motion carried. An Ordinance relating to the Home Rule Charter of the City of Roch. providing for an amendment thereto by adding a section relating to filing fees for candidates for municipal elections. This was given its second reading. Duffy moved, Solinger second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. LJ F-1 An Ordinance Relating to the investigation fees for On -Sale Wine licenses; Est. new investigation fees and amending Sec. 125.18 was given its second reading. Solinger moved,.Strain second to the Ordinance as read. Ayes (7), Nays (0).Motion carried. adopt 1 Agenda Item F-1 G-1 A-1 Fft B-2 am RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 4. 1985 An Ordinance relating to Building Movers; providing for the issuance of permits and collection of fees; amending Ordinances Sec. 108.01, 108.02, 108.03, 108.04, 108.05; Repealing Sec. 108.06 was given its second reading. Allen moved, Bluhm second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to remove the Fontaine Towers Parking from the table. Ayes (7), Nays (0).Motion carried. Solinger moved, Bluhm second to approve the adding of Paragraph (20.5) to Sec. H Zone C of th Comprehensive Parking Res. - 30 minutes limit parking zones to read - (20.5) 2nd St. S. E. On the S. Side from lst Avenue to a point 100 feet, more or less east (5 stalls - Fontaine Towers ) Ayes (7), Nays (0).Motion carried. Res. 583-85 was adopted. Strain moved, Bluhm second to deny the --`request to add paragraph 17.5 - 2nd St. S. E. on the S. Side from 1st Ave. to a point 500 ft. more or less , East ( 5 stalls - Fontaine Towers ) and to extend the Senior Discount in Ramp parking to include residents of Fontaine Towers , Park Towers and Central Towers. Ayes (7), Nays (0). Having no further business, Allen moved, Strain second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. President Postier called the meeting to order at 7:30 P.M. the foll ing members being present: President Postier : Aldermen Allen, Bluhm, Duffy, Powers ,Solinger and Strain. Absent: None. A Hearing on the Vacation Petition No. 85-23 to vacate the South 4' of 14th Street N. W. along 1828 14th Street N. W. Having no one present that wished to be heard, President Postier closed the hearing. Bluhm moved, Solinger second to adopt Resolution No. 584-85 approving the vacation. Ayes (7), Nays (0).Motion carried. A Hearing on the Zoning Commission No. 85-22 Petition to change the Zoning District from R-1 to M-2 on the Seneca Foods Property on the east side of Third Avenue S. E. south of 20th Street. Having no one present that wished to be heard , President Postier closed the hearing. Duffy moved, Allen second to instruct the City attorney to prepare an -Ordinance for adoption. Ayes (7), Nays (0).Motion carried. A Hearing on the PUD No. 85 - 14 Amended Concept for the Planned Unit Development of Meadow Park Apartments at 14th Street and 4th Ave. S. E. to add buildings for garages and storage. Wishing to be heard was Floyd Whipple, petitioner. He stated that the main reason he wanted these garages and storage -areas was to keep his tenants in the buildings.•He stated that storage areas were also in demand. He also stated that he would rent out the remaining garages and storage areas to those in the''area if the tenants in the adajacent apartments could not use all of them. Aldermen questioned this use and questioned the use as "commercial" if this was indeed allowed 2541 F 2542 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Regular Meeting No. 17 - November 4, 1985 Agenda Item B-4 E-19 E-20 F-1 F-1 Planning and Zoning Dept. stated that they could possibly be used for this purpose, however, in certain cases a building permit would have to be issued for storage of certain material. It was noted that under a PUD almost the entire area of garages and storage area could be rented out to a "commerical" use. After Council discussion, and having no one else present that wished to be heard, President Postier closed the hearing. Strain moved, Duffy second to approve this concept plan with the units.being used for residential garages including the storage spaces within the garages. Ayes (7), Nays (0). Motion carried. A Hearing on the Proposed Project No. 6107-85A J 8924 - Sanitary Sewer to Serve to West 1/2 of the West 1/2 of Lot 1, Block 9 Golden Hill Addition. The owner has requested that this be withdrawn for one year for a larger project in which he will have a cheaper assessment. Having no one present that wished to be heard , Presiden- Postier closed the hearing. Solinger moved, Powers second to deny the project. Ayes (7), Nays (0).Motion carried. Duffy moved, Bluhm second to adopt Resolution No. 585-85 authorizing the execution of a Project to be known as China Wall Foodstuffs agreement between the City and the State of Minnesota Economic Recov.erv.Loan/ contingent upon execution of an acceptable loan agreement between China Wall Foodstuffs and the City of Rochester, Minnesota. Ayes (7), Nays (0).Motion carried. Duffy moved, Solinger second to instruct the City Attorney to prepare an Ordinance increasing the fees for the Taxi Cab Fares in the City of Rochester. Ayes (7), Nays (0).Motion carried. An Ordinance relating to Taxicabs providing for the maximum rate of fare; amending the Rochester Code of Ordinances Sec. 95.13 Subd. 2 was given its first reading. An Ordinance Rezoning certain property to M-2 ( General Industrial) Seneca Foods in Sec. 14 T106N, R14W was given its first reading. Duffy moved, Bluhm second to suspend the rules and give the Ordinance a second reading. Upon Roll call vote, Aldermen Allen, Bluhm, Duffy, Powers , Solinger and Strain and President.Postier voted aye. Ayes (7), Nays (0).Motion carried and the Ordinance 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, Solinger moved, Duffy second to adjourn the meeting. Ayes (7), Nays (0).Motion ca ried. City Clerk Information 11-4-85 1. Notice of Claim - Jeffrey B. Witter - Ref. Attorney and Finance 2. Notice of Claim - Jeanette Meyer - Ref. Attorney and Finance 3. Notice of Claim - Roxanne Johnson - Ref. Attorney and Finance. 1 I