HomeMy WebLinkAbout09-17-1991RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 37917
Adjourned Meeting No 10 - September 17, 1991 ( Tues.)
Agenda
Item
A-1 President Selby called the meeting to order at 7:30 P.M. the follow-
ing members being present: President Selby, Aldermen Crawford,
Hunziker, McConnell,:, Petersson, Solinger. Absent: Alderman Canfield.
Crawford moved, Petersson second to approve the minutes of the
September 4, 1991 meeting. Ayes (6), Nays (0).Motion carried.
B-1 A Hearing on the Appeal of the decision of the Zoning Board denying
a variance allowing the placement of a deck exceeding the max.
lot coverage for structures in the rear yard and upholding the
decision of the Zoning Adm. that a fence surrounding a private swim-
ming pool does not need to exceed six feet in height on the
property located at 1904 23 1/2 St. S. E. Wishing to be heard was
William Broekert of 1904 23 1/2 St. S. E. He stated that he did go
to the authorities in the City to secure permission to build this
fence/pool in March 1989. In May, 1990 he met with Mr: O'Brien of
the Building and Safety Dept. and since he had a permit for a six
foot fence in 1989 even tho he revised his plan in May, 1990 for an
8 foot fence, Mr. %_"O'Brien indicated to him that he did not need a
new -permit. Meetings were held at various times in 1990 between
himself,. Building and Safety and the Planning Dept. and in April,
1991, Mr. Spaeth, Planning and Mr. O'Brien of Bldg and Safety
gave him the "OK" to building an 8 to 9 foot fence. BUT, in
1991 h`e met with Mr. Spaeth again and the code was interpreted to
"allowing a six foot fence". Since that time he has been seeking
special permission to allow the fence to stay constructed. In
August, 1991, the Zoning Board of Appeals denied his request to
allow this 9 foot fence and this brings him to this meeting urging
the Council to�allow him to have this fence remain. His pool/deck
covers most of the back yard and.this is needed for security as well
as a safety measure -from people to climb over and get hurt. Plus
insurance companies are not willing to insure a pool without the
proper -height of fence. Wishing to be heard was Brian Kerr of 1903
24th St. S. E. His house is immediately to the South of the property.
He stated that when this fence was constructed, he asked the Planning
Dept. if this fence was legal. He was told that anything over six
feet was illegal. They called Mr. Broekert and he said that he had
a permit for a nine foot fence. The fact that Mr. Broekert would
haul fill in around the deck to make this legal would not solve the
problem. They are opposed to the height of the fence.
Wishing to be heard was Linda Sheppard of 1806 24th St. S. E. and
owns a hous'e at 1818 24th St. S. E. also. She stated that she
signed the petition opposing this fence, but since that time has
changed her mind and is in favor of it. They need this height for
safety purposes. She also stated that the value of her house has NOT
gone down because of this fence and pool.
Wishing to be heard was Cheril Wegner of 1830 23 1/2 St. S. E.
She is in favor. She stated that Mr. Broekert built a trench to
help with the water problem in the area. Sothis fence and trench
helped everyone - also, the fence should be 9 feet because a six
foot fence would not be high enough to stop the kids from climbing
over.
3790 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 10 - Septmeber 17, 1991 ( Tues.)
Agenda
Item
Iff
Alderman Crawford asked Ms.__�Wegner if the Realt&-.saw the fence/
pool when they told her of her house values. Ms. Wegner stated
that they had.
Wishing to be heard in opposition was Dale Molda of 1917 24th
St. S. E. and does not want to look at this high fence. Wishing to
be heard was Steven Mangskau had a problem with lowering the deck
then it would be impossible to use the pool and Mr. Broekert does
share the pool.
Wishing to be heard was Susie Kerr of 1903 23rd St. S. E. and
states that she looks directly at the fence thru her windows.
She supports the rules that a six foot fence is sufficient for
protection in a pool area.
Alderman McConnell stated that he thinks this is an honest mistake
that the correct permit was not received.
Alderman Crawford stated that Council has to be concerned about the
zoning law etc. now.
Wishing to be heard was Dorry O'Brien at 1824 23 1/2 St. S.E. They
are -in favor of this fence/pool and they have been invited to use
the pool also. A petition signed by 26 people in oppositionwas prese ted.
Having no one else present that wished to be heard, President Selby
closed the hearing.
Aldermen questioned Mr. Ron Livingston, Zoning Adm. about the
specific Findings of Facts. Al.dermen .Were also concerned about
the ground water and the type of fill that was considered to be
put in around the deck.
Alderman Crawford stated that no consideration -was taken on behalf
of the neighbors that would have to look at a 4 foot fence.
She believes that this should conform to the current law.
Alderman Petersson stated that a hedge or vines should be planted
to cover the fence and she is in favor of this fence/pool if this
is done.
The City Attorney was consulted on how to phrase the motion in
this case.
After further Council input, the City Attorney stated that Findings
of Fact had to be found.
Alderman Solinger moved, McConnell second to reverse the decision
of the Board of Appeals to approve the variance for the deck to
cover the area it does which results in Exceptional=Circumstances
dealing with the water table as it is now,, and that requires
the pool to be built on the top of the ground. Drainage is also
a consideration.
Upon Roll call vote, Aldermen,.McConnell,: Petersson and Solinger
voted aye. Ayes (3). Aldermen Crawford, Hunziker and President
Selby voted nay. Nays (3). Motion did -not carry.
More information on the `Fi ndi. igs of Fact'. were discussed and
Hunziker moved, Solinger second to modify the decision of the Zoning
Board of Appeals allowing the variance for the setbacks for the
pool/deck allowing -this applicant a deck to"occupy more than
35 percent of the rear yard so long as the deck is located at least
18" from the E-W lot line and at least five feet from the rear line.
Upon Roll call vote, Aldermen Crawfor.d,.Hunziker.,McCorinell Petersson
�Solinger voted aye -:.Ayes (5),:.Nays.,(1.). President Selby -voted -nay.
.Motion carried-._ . - "
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 433791
Adjourned Meeting No. 10 - September 17, 1991 (Tues.)
Agenda
Item
B-1 Crawford moved, Hunziker second to affirm the decision of the Zoning
Administrator that the fence that was constructed be only six feet
high which enforces the City Code that a fence can be only six feet
high in residential areas.
Alderman Crawford stated that a six foot fence is adequate for
safety in a residential area as the code states.
Alderman Hunziker stated that he believes that a six foot fence
will deter a person from climbing over.
Alderman Crawford stated that a rail was still allowed to be
constructed if necessary.
Roll Call vote was taken and Aldermen Crawford, Hunziker, McConnell,
President Selby voted aye. Ayes (4),•Aldermon Petersson and Soli.nger
voted nay.:Nays (2). Motion -carried.
The Findings of Facts that the City Attorney prepared and signed
by President Selby are on file with the City Clerk.
B-2 A Hearing on the Final Plat of Essex Estates Third Subdivision.
Wishing to be heard was Frank Kottschade of 2613 5th Avenue N. W.
He was present for any questions the Council may have. Having no one
else present that wished to be heard, President Selby closed the
hearing. McConnell moved, Petersson second to adopt Resolution No.
4-.58-91 approving the plat subject to the following two conditions.
1. The plat should be changed to indicate that the correct name
of Plymouth Drive N. W. should be Plymouth Lane N. W.
2. Before the plat is recorded the Dev. should provide to the City
metes and bounds legal desc. of the unplatted remnant parcels
within the City limits created by the approval of this plat.
Ayes (6), Nays (0).Motion carried.
B-3 A Hearing on the proposed project No. 9115- J 9205 - Reconstruction
of the E-W Alley between 13th Ave. S. W. and 16th Ave. S. W. and
between lst St. S. W. and 2nd St. S. W. Wishing to be heard was
LeRoy Wood of 1307 2nd St. S..W. and is in favor of this project.
The owner of McDonalds Restaurant on 2nd St. S. W. was present and
is in favor also. Having no one else present that wished to be
heard, President Selby closed the hearing. Petersson moved,
Crawford second to adopt Resolution No. 4,59-91 approving the project.
Ayes (6), Nays (0).Motion carried.
D-1 Alvin Bell of 103 llth Street S. E. wished to be heard regarding
violence in his neighborhood. Mr. Bell stated that he was assaulted
in his front yard in August, 1991 and the result -was a cut thumb
which was cut so severely that .he can't write with his.right hand.
Mr. Bell stated that people had been at a party which extended into
his back yard. Mr. Bell could not get rid of the uninvited guests
as a result a fist fight occurred. In another incident a person
followed his wife with a car and refused to leave until Mr. Bell
pulled a wrench out and encouraged him to leave. Police reports
have been filed but Mr. Bell stated that they are busy with crimes
and can't always respond immediately, however reports that the Bell's
have filed he feels have been unanswered by Police. He is concerned
about the trend of crime and assaults and wanted to inform the Counci
of this incident. Mr. Bell stated that he would become active in a
Neighborhood watch. President Selby thanked Mr. Bell for appearing.
Ms. Bell also confirmed Mr. Bell's statements.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 10 - September 17, 1991 ( Tues.)
McConnell moved, Crawford second to adopt Resolution No. 460-91
approving the Revocable Permit requested by Davies Printing Co.
to allow construction on an expansion of:their building
without waiting for the process of vacating a public utility easement
This easement will be applied for but they would like to begin
construction first. This is also subject to the fact that no utility
easements are located in the easement area. Ayes (6), Nays (0).
Motion carried.
Petersson moved, McConnell second to adopt Resolution No. 461-91
approving the agreements with the owners of US Auto and Marine and
Baptist Church t'.o utilize portions of these properties as fill sites
for the Corps Stage 2B project. Fill ( Est. ) on the US Auto site
is 23,700 cubic yards and 18,900 cubic yards for the Baptist Church
site. Ayes (6), Nays (0). Motion carried.
Crawford moved, Hunziker second to adopt Resolution No. 462-91
approving an agreement for Fill material with Rodney Younge from the
river channel in Flood Control Project stage 2B for and est.
150,000 cubic yards for a total payment of $75,000.00.
Ayes (6), Nays (0).Motion carried.
Hunziker moved, Petersson second to adopt Resolution No. 463.-91
approving the purchase of 205 No. Broadway for $112,000. contingent
upon the owner agreeing to hold the City harmless from and indemnify
the City from any costs associated with clean-up of the site and
authorize the staff to obtain bids for the demolition of the
building. Ayes (6), Nays (0).Motion carried.
Hunziker moved, McConnell second to adopt Resolution No. 464-91
approving the new lease agreement with the United States of Am.
(FAA) for office space ( 3,850 sw. ft.) at the Rochester Airport.
Total payment is $39,308.50 for the lease term. Ayes (6), Nays (0).
Motion carried.
Petersson moved, Crawford second to adopt Resolution No. 465-91
approving a resolution of the Public Utility Board declaring the week
of Oct. 6-12 to be designated Municipal Public Power Week in Roch.
Mn. honoring the utility, its emp. and consumer owners.
Ayes(6),Nays (0).Motion carried.
McConnell moved, Crawford second to approve the following licenses
and bonds:
Gambling Premise Permit - A.F. of L. Temple -405 1/2 S.Broadway
Signs - Signs of Success Oronoco, Mn.& Crosstown Sign Co. Blaine Mn
Misc. Street Use - Rochester Track Club -Stride for Fitness Running I
Mayo High School Homecoming Parade -
John Marshall Homecoming Parade -
Rochester Track Club - Road Race - 11-2-91.
act.
Auction - March of Dimes Benefit%Action - Cigarettes - D & R Star
for Nick's Ribs at'theAir`port - 'Gambling- Roch.WAMSO at Mayo Civ.Th ater
(Raffle 11-7-91) Street Use - Knights of Columbus Marathon 10-5-91.
Ayes (6), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA 3379
Adjourned Meeting No. 10 - September 17, 1991 (Tues.)
Agenda
Item
E-8 Solinger moved, Crawford second to approve the issuance of the On -
Sale and Sunday Intox. Liquor licenses to Masters Restaurant
Assoc. DBA Ruby's Southwestern Grill and Cantina located at 7 Second
St. S. W. This was formerly Tinklers. Ayes (6), Nays (0).Motion
carried.
E-9 McConnell moved, Solinger second to adopt Resolution No. 466-91,
467-91, 468-91 and 469-91. These set a hearing for October 21, 1991
on Weeds, Trees, Debris and Snow Removal in the City of Rochester.
Ayes (6), Nays (0).Motion carried.
E-10 Petersson moved, Crawford second to approve the Accounts Payable in
the amount of $2,365,066.29 ( list on file with the City Clerk ).
Ayes (6), Nays (0).Motion carried.
E-11 Solinger moved, McConnell second to adopt Resol.ution No. 470-91
awarding the low bid to Restoration Tech. Inc. for Concrete Repair
for the Parking Ramp on Second'Street S. W. This is for a total of
$16,470.00. Ayes (6), Nays (0).Motion carried.
E-12 Crawford moved, Petersson second to adopt Resolution No. 47:1.-91
awarding the low bid of $122,430.00 for Ferric Chloride for the
year. This is to be used at the Water Reclamation Plant. Ayes (6),
Nays (0).Motion carried.
E-13 Hunziker moved, Crawford second to table the Application for General
Development Plan of Diamond Ridge until the October 21, 1991 Council
Meeting. Ayes (6), Nays (0).Motion carried.
E-14 Crawford moved, Petersson second to adopt Resolution No. 472-91
approving the Metes and Bounds conveyance requested by Michael
Younge on property located along the W. side of 31st Ave. N. W. south
of the Lincolnshire and Lincolnshire Second Sub. Ayes (6), Nays (0).
Motion carried.
E-15 Crawford moved, Petersson second to adopt Resolution No. 47-3-91
approving setting a hearing date for October 7, 1991 on the
proposed vacation of the alley ROW adjacent to Blk 1 and 3, Hammer
and Fanning Addn. Ayes (6),.Nays (0).Motion carried.
E-16 Hunziker moved, Petersson second to adopt Resolution No. 474-91
setting a hearing date of October 7, 1991 on the proposed vacation
of a 10 foot utility easement on Lot 1, Blk 1 Parkway Second Sub.
by HyVee Foods. Ayes (6), Nays (0).Motion carried.
E-17 Hunziker moved, Crawford second to adopt Resolution No. 475-91
approving setting a hearing for October 7, 1991 on the proposed
vacation of a 10 foot wide utility easement by John and Margaret
Davies - Davies Printing- Ayes (6), Nays (0).Motion carried.
E-18 Solinger moved, Petersson second to adopt Resolution No. 476:=91
setting a hearing to be held on October 7, 1991 on the proposed
vacation of a 15 foot wide utility easement by'the'Zumbro Lutheran
Church. Ayes (6), Nays (0).Motion carried.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Adjourned Meeting No. 10 - September 17, 1991 (Tues.)
Petersson moved, Hunziker second to indicate to the County of
Olmsted County Board that they should enter into a contract with
EAI Systems to provide the LEC Computer System. Total cost
is $937,300. with the 50/50 split between the City and County.
Ayes (6) , Nays (0).Motion carried.
Hunziker moved, Crawford second to instruct the City Attorney to
prepare an Ordinance changing the wording of Sec. 2 of Ord.
2469 to allow the City to charge a water service availability fee fo,
new developments on previously improved properties which have
not previously paid a special assessment for the construction of a
water storage facility. Ayes (6), Nays (0). Motion carried.
Solinger moved, Hunziker second to adopt Resolution No. 479-91
adding Para. to Sec. C Special Parking Zones - 5.) 1st Ave. S. W.
on the E. side of the street at 1st St. at all times for Law
Enforcement vehicles. Ayes (6), Nays (0).Motion carried.
Crawford moved, Petersson second to adopt Resolution No. 480791 and
481-91 declaring the costs to be assessed and setting a public heari
to be held on October 21, 1991 on the Post-poned Assessments on
Project No. 7703 Parts 1,2,3 and 4 J 8475 - Const. of Water Res.
and connecting tkmns,to serve the low district of the NW Service arE
lying north of 41st St. N. W. Ayes (6), Nays (0).Motion carried.
Hunziker moved, Petersson second to adopt Resolution No.,7482-91 and
483r91 declaring the costs to be assessed and ordering a public
hearing to be held on October 21, 1991 on postponed assessments on
Project 7301-J 8476 - NW Dist. Trunkline San. Sewer pumping station
forcemain and outfall sewer. Ayes (6), Nays (0).Motion carried.
Petersson moved, Solinger second to adopt Resolution No.',:484-91
and.,485-91 setting a hearing for October 21, 1991 on post-poned
assessments on Project 5622-J 8059 IBM Trunkline San. Sewer...
Petersson moved, McConnell second to adopt Resolution No. 486-91 and
487-91 declaring the costs to be assessed and ordering a public
hearing to be -held on October 21, 1991 on postponed assessments on
Project No. 6241-4-77 J 8591 - Watermain in 41st St. N. W. from
West Line of Replat 2 Sunrise Est. to a point 660 feet of NW
corner of Sec. 23, Cascade Twp. Ayes (6), Nays (0). Motion
carried.
Solinger moved, Petersson second to adopt Resolution No. `488-91
approving the purchase of 217 and 225 East Center Street and 218 ani
226 1st Avenue N. E. for the price -of $305,000. Ayes (6), Nays
(0).Motion carried.
Petersson moved, Hunziker second to approve the issuance of an
On -Sale Non- Intox.3.2 beer license -for Deli Peppers of 102
South Broadway.Ayes (6), Nays (0).Motion carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
�795
CITY OF ROC E Tm M-Y."%VM Tues . )
Adjourned Meeting No. 1Q -.-�ep em_er ,
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An Ordinance Amending Reenacting Sec. 28.04 of the
of the Roch. Code of Ord. Relating to the Water Service
Availablity Fees was.given its first reading.
An Ordinance approving the annexation of 11.78 acres of land
situated in' portions of Sec. 9, Rochester Township was given its
second reading. McConnell moved, Crawford second to adopt the
Ordinance as read. Ayes (6), Nays (0).Motion carried.
An Ordinance Amending Sec. 106.02 and Sub. 2 and 106.03 and
106.13 of the RCO Relating to licenses and rabies vaccinations
for Dogs, Cats and other animals was given its Fecond reading .
Petersson moved, Solinger second to adopt the Ordinance as read.
Ayes (6), Nays (0).Motion carried.
An Ordinance Amending and Reenacting Sec. 38.13 of the Roch. Code
of Ord. relating to Housing Registration Fees was given its second
reading. Petersson moved, Crawford second to adopt the Ordinance
as read. Ayes (6), Nays (0).Motion carried.
An Ordinance Amending Sec. 50.01 of the RCO relating to composition.
of the State Building Code applicable within the City was given its
second reading. .McConnell moved, Hunziker second to adopt the
Ordinance as read. Ayes (6), Nays (0).Motion carried.
An Ordinance amending Chapter 55 of the Rochester Code of Ordinances
Relating to the Adoption of the 1988 Uniform Fire Code had its
second reading. Crawford moved, Hunziker second to adopt the
Ordinance as read. Ayes (6), Nays (0).Motion carried.
Having no further business, Petersson moved, Hunziker second to
adjourn the meeting. Ayes (6), Nays (0).Motion carried.
C
City Clerk
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