HomeMy WebLinkAbout09-08-1975RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 345
CITY OF ROCHESTER, MINNESOTA
Regular Minurnpd Meeting No- 19 - September 8, 1975
Agenda
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A-1 President Postier called the meeting to order at 7:30 P.M., the
following members being present: President Postier, Aldermen Allen,
Larson, McNary, Powers and Strain. Absent: Alderman Kamper.
Powers moved, Allen second to approve the minutes of August 18, 22, &
26, and September. 2, 1975. Ayes (6), Nays (0).Motion carried.
B-1 A Hearing on the petition to vacate the alley between llth St. N.W.
and 12th Street N. W. and between 4th Avenue N. W. and 2nd Avenue N.
W. Darryl Binggold of 313 llth St. N. W. was present and wished to
be heard. Mr. Binggold wanted to know who would be responsible for
obtaining the proper property description, and who would get the
vacated property. Mr. Gerald Swanson, City Attorney stated that it
would be up to the property owners abutting the property being vacates
to settle the matter and divide up the property, and it would also
be the responsibility of the property owner to get the proper
property description. No one else present wished to be heard.
President Postier closed the hearing. Allen moved, Strain second
to instruct the City Attorney to prepare a resolution for adoption
subject to 'an unobstructed utility easement exist over vacated right-
of-way. Ayes (6), Nays (0). Motion carried.
B-2 A Hearing on the application for approval of the Planned Unit Devel-
opment ( Final Plan.) of the Y.M.C.A.- Y.W.C.A. located at 709
First Avenue S. W. No one wished to be heard, President Postier
closed the hearing. Larson moved, Powers second to adopt the prepare)
Resolution No. 299-75 approving this final plan. Ayes (6), Nays (0).
Motion carried.
B-3 A Hearing on the levying.of the.previously deferred assessments
on .Project 5620-58 Construction of a Sanitary Sewer on 6th Street S.I
from a point 190' West of 1.5th Ave. S. W. to a point 450' West; and
in Block 2, Dresbach's Addition; 14th Avenue S. W.; 15th Avenue S. W.
8th Street S. W.; and along T.H. 52. ( Lot 24 is assessed $224.40
for the above). Deferred assessments on Project 6453-65 Sanitary
Sewer and Water Service connections stubbed into the boulevard on
Meadow Lane S. W. to serve Lots 25,26,27 and 40 in North Sunny Slopes
Lot 25 is assessed $166.50 for the above.) and Deferred assessments
.on Project 6453-64 " Street Grading and Surfacing of Meadow Lane;
Sanitary Sewer and Watermain to serve Lots 25,26.,27 and 40 in North
Sunny Slopes Addition. Lot 25 is assessed a total of $1119.58 for
the above.) No one was present that wished to be heard. President
Postier closed the hearing. Larson moved, McNary second -to adopt
the prepared Resolutions No. 300-75, 301-75 and 302-75 accepting
and levying the assessments. Ayes (6), Nays (0). Motion carried.
C-1 Allen moved, Larson second to approve the following six appointments
to the Police Department. Kenneth Charles Reed, 836 12th Street N.W.
Rochester, Minnesota; Robert E. Horstmann, R.R. # 2, Rochester,
Minnesota; Louis 0. Bode, 319 Spring Street, Mankato, Minn.;
Herman E. Dybevik, 149 Lilac Drive, Marshall, Minnesota, and Michael
�� RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting Na-lq, SPRtPmhPr R, 1979;
Agenda
Item
W. Stellemberg, 2001.Grand Street NE, Minneapolis, Minnesota as
patrolman in the Police Department and Francis D. Burton as detective
in the Police Department. Mr. Burton replaces Mr. Kenneth Link, who
retired. The appointments are effective September 8, 1975. Ayes (6)
Nays (0). Motion carried.
C-2 Powers moved, Allen second to approve the Mayors reappointment of
LeRoy Cook to the Rochester Zoning Board of Appeals. Mr.'Cook's
term will expire September 1, 1978. Ayes (6), Nays (0). Motion
carried.
D-1 Strain moved, Allen second to refer the extension of sewer lines to
service the Universal Ford and Adamson's Motors in Pennington Busines
Park to the Public Works and Engineering Department for study and
immediate action. The report is to return to the Council within 30
days. Ayes (6), Nays (0). Motion carried.
D_2 Miss Nellie Lindblad. of 603 1st St. S. W..wished to be heard regardin
the school crossing guards. She stated the need for their services,
and suggested ways of improving our street system, Planning Department,
Voting systems, and parking for the County employees. No one else
wished to be heard regarding the school crossing guards, and President
Postier thanked Miss Lindblad for stating her views.
E-1 Allen moved, Larson second to table the Professional Engineering
services -for proposed Waste Treatment Plant Upgrade until the next
meeting of the full Council. Ayes (6), Nays (0). Motion carried.
E-2 Allen moved, Powers second to approve the final payment to Littrup
Nielson, Inc. in the amount of $1,350. for the underground fuel
storage tank and authorize the Mayor to sign all documents pertaining
to the project ; Authorization to draw up a new contract with McGhie
and Betts, Consulting Engineers, Inc. for engineering services including
new federal participation and new rates for these services, and authoriz-
ing the Mayor to sign all documents.; Accepting the lease signed by
the Rochester Airport Company, and Ozark Airlines and authorize the
Mayor and City Clerk to sign said lease. The lease includes a monthly
rental charge of $1,969.61 for office, ticket counter and other space
and stipulates landing fees ($10.00 for each landing for aircraft of
100,000 lbs and $5.00 for each landing for aircraft of less than
100,000 lbs for training flights of the lessee at the airport.; and
payment for final change orders on the Floyd Larson Contract for work
completed on the 1974 terminal building expansion. The.= total amt. of
change orders at this time is $6,189.60. Ayes (6), Nays (0). Motion
carried.
E-3 Allen moved, McNary second to instruct the City Attorney to prepare
an amendment to the Ordinance which would allow one individual or
corporation to own more than one intoxicating liquor license for
hotel establishments containing not less than 150 rooms. Upon roll
call vote, Aldermen Allen, Larson, McNary, and Powers voted Aye.
Ayes (4), Voting Nay was Alderman' Strain and President Postier. Nays
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RECORD OF OFFICIAL PROCEEDINGS
CITY OF ROCHESTER,
Regular.Adjourned Meeting No. 19
(2), Motion carried.
OF THE COMMON COUNCIL
MINNESOTA
September 8, 1975
Powers.moved, Allen second.to approve the request for a dance permit
for the Rochester Policemen's Ball to.be held September 26, 1975 in
the -Mayo- Civic Auditorium; and the request to transfer.the On and
Off sale 3.2 beer licenses from Thomas C. Wahlbert dba Joe's Beer
and Grocery at 513 2nd St. N. W. to Joseph Suchomel. Ayes (6), Nays
(0). Motion carried.
Larson moved,.Strain second to approve the transfer of a 3.2 beer
On and Off Sale beer license to Judy Ward Harwick of 2015 41st St.
,N. W. Apt. K-4 ( Woodbox Bar ). Previous Owner of the Woodbox bar
was Mr. Donald Rockvam of R R. Eyota, Minnesota. Ayes (6), Nays (0).
Motion carried.
Larson moved, Powers second to approve the semi monthly bills (list
-attached) in the amount of $349,635.43. Ayes (6 ), Nays (0). Motion
carried.
Powers moved, Strain second to-recons:i der. the _Co unci_14-'.s.= pre vious. _
denial of the petition to vacate 5th Avenue S..E. located between
4th and 5th Street S. E. The Council did not realize that this was
setting a.date for a hearing. Powers moved, Strain second to
adopt the prepared Resolution No. 303-75 setting the date for hearing
to be.held on�October 20, 1975 at 7:30 P.M. on the above. Ayes (6)
Nays (0). Motion carried. The vote on the motion to reconsider was
Ayes (6), Nays (0). Motion carried.
Allen moved, Powers second to -adopt}:the '-prepa:r..e-d-.reso_l uti.on
number304-Zgranting the encroachment of one inch into the public
right-of-way of 1st Avenue S. W. at 120 1st Avenue S. W. ( Pine
Cheese Mart) stating that the proposed combustible construction
(cedar siding) maybe built in accordance to section 1705(d) of
the building code. and grant a revocable permit and a hold harmless
clause on behalf of the City of Rochester. Ayes (6), Nays (0).
Motion carried.
Powers moved, Strain second to adopt the prepared Resolution No. 305-;
granting a revocable permit to encroach 2 3/16 inches into the public
right-of-way of 102-South Broadway. ( Donald 0. and Geraldine E.
Redelings) Ayes (6), Nays (0). Motion carried.
Strain moved, Larson second to accept. the low bid of Fraser Constructi
Company for the Project 6202-3-74 J 8518 Sanitary. Sewer and Watermain
along the south side of 2nd St. S. W. from the east side of Lot 1,
Block 3, Highland Addition to the west.line of Lot 13, Block 4,
Highland Addition, and adopt the prepared Resolution No. 306-75.
Ayes (5), Nays (1). Alderman Allen voting nay. Motion carried.
(Powers moved, Strain second to adopt the prepared Resolution No. 307-
n
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No. 19 - September 8. 1975
75 Accepting the feasibility report and ordering a public hearing to
be held on October 6, 1975 at 7:30 P.M. on Project 7506-J 8541
Watermain Extension to Reynolds Wholesale property at 48th Street
N. W. and T.H. 52 North. Ayes (6), Nays (0). Motion carried.
Allen mo-* " Powers second to adopt the prepared Resolution No..308-A
'75 approving the low bid of Rochester Sand and Gravel in the amount o
$48,672.90 for needed improvements at the Rochester Airport and
authorizing the Mayor and City Clerk to execute the State Form 202.
Ayes (6), Nays (0). Motion carried.
Powers moved, Larson second to approve the transfer of the On -Sale
Intoxicating Liquor License of the Bruiser's Pub of 6 South Broadway
to David L. Ellingson, Robert Travers and Earl Peter Longville dba
Austinchester Entertainment, Inc..Ayes (6), Nays (0). Motion carried.
Larson moved, Allen second to refer the matter of the Region 10
organization to the Committee of the Whole. President Postier stated
a lot of questions were unanswered, and what the county and city
share is in this region, and what we can do to get out of the region.
Ayes (6), Nays (0). Motion carried.
An Ordinance making various changes to the Zoning Code pertaining to
Planned Unit Developments was given its second reading. Strain moved
Allen second to adopt the Ordinance as read. Ayes (6), Nays (0).
Motion carried.
Powers moved, Strain second to adopt Resolution No. 308-75 vacating
the east -west alley in Block 16, Northern Addition subject to the
retention of of an unobstructed public utility easement. Ayes (6),
Nays (0). Motion carried.
Larson moved, Strain second to adopt Resolution No. 309-75 approving
the lease agreement between the City of Rochester, and Rochester
Airport Company and Oxark Airlines, Inc. Ayes (6), Nays (0). Motion
Carried.
Larson moved, Allen second.to adopt Resolution No. 310-75 approving a
agreement between the City and the Home Indemnity Company pertaining
to the fire and rescue building at the Rochester Municipal Airport
and the completion of said building by the Home Indemnity Company and
the Mayor and City Clerk are authorized to sign said agreement on be-
half of the City. Ayes (6), Nays (0). Motion carried.
Powers moved, Allen second to adopt Resolution No. 311-75 requesting
the Commissioner of Highways of the State of Minnesota to undertake
an engineering and traffic study of the 37th St. N. W. and T.H. No.
52 interchange for the purpose of improving the movement of traffic.
Ayes (6), (lays (0). Motion Carried.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Agenda
Item
F-1 Powers moved, Larson second to adopt Resolution No. 312-75 requesting
that the U.S. Department of Housing and Urban Development reconsider
the application of the City for housing assistance during the fiscal
year ending June 30, 1976 and to approve the funding for 245 new and
rehabilitated housing units under Section 8 of the Housing and
Community Development Act of 1974. Ayes (6), Nays (0). Motion carries
F-1 Powers moved, Larson second to adopt Resolution No. 313-75 of the
Public Utility Board authorizing a release and indemnifying agreement
dated June 18, 1975 between the City,.Nietz Electric and Appliance.
Company and Fidelity and Deposit Company of Maryland relative to the
contract for electrical equipment installation at the Zumbro River
Substation and the Mayor and City Clerk are authorized and directed
to sign said release and indemnifying agreement on behalf of the City.
Ayes (6), Nays (0). Motion carried.
F-1 Powers moved, Larson second to adopt Resolution No. 314-75 authorizin
a release and indemnifying agreement dated May 29, 1975 between the
City, Nietz Electric and Appliance Company and the Fidelity and
Deposit Company of.Maryland relative to the contract for electrical
equipment installation at Cascade Creek:Substati;on is approved and
the Mayor and City Clerk are authorized and directed to sign said
release and indemnifying agreement on behalf of the City. Ayes (6),
Nays (0). Motion carried.
F-1 An Ordinance relating to the issuance of Intoxicating Liquor licenses
and interested in such licenses; amending Rochester Code of Ordinance!
Section 160.110.was given its first reading.
F-1 An Ordinance Rezoning Certain Property and Amending Ordinance No. 1651
known as the Zoning Ordinance of the City of Rochester as .follows
B-2FF Central Business District - Block_48, Original Plat, was given
,its firsV`reading: - _
F-1 An O'r:dinance Re-z-onn_g- certain:"Proper.ty creating. a Planned Unit Develo
ment `Dr"stri ct- known "as PUD-B-21-and-- amen ding-'Ord"i nance No. 1659, know
as the Zoning Ordinance of the City of Rochester, Minnesota. ( YMCA -
YWCA ) was given its first reading. Allen moved, Powers second to
suspend rules -and give this ordinance a second reading. Upon Roll cal
vote, Aldermen Allen, Larson, McNary, Powers and Strain and President
Postier voted aye - Ayes (6), Nays (0) and the Ordinance was given it
second reading. Strain moved, Allen second to adopt the Ordinance as
read. Ayes.(6), Nays (0).Motion carried and the Ordinance was adopted
as read.
F-1 An Ordinance relating to Zoning , the Zoning Board of Appeals, Notice!
-Required'Yards, Off -Street Parking , and Fences, Walls and Hedges;
amending Rochester Code of Ordinances, Sections 61.401, 61.503,
62.211,'62.212, and 63.204 was given its first reading.
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting No 19 - September 8, 1975
Agenda
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F-1 Allen moved, Powers second to adopt Resolution No. 315-75 pertaining
to the Downtown Development District designating the district bounda
ies and selects the option of total acreage and designates the City
Administrator to be in charge of the administration and provides for
the creation of a position under the City Administrators control and
supervision to be known as the Development District Administator and
directs the Downtown Development District Advisory Board to submit
its report at the earliest time warranted concerning a recommended
development program, methods of financing, and such other matters as
the Board may deem advisable. Ayes (6.), Nays (0). Motion carried.
Mayor Smekta recommended to the Common Council that the Downtown
Development District Advisory Board enlarge its group to include
a member of the Board of County Commissioners, and the Rochester
School District.
G-1 Powers moved, Allen second to remove the Mayor's appointment to the
Downtown Development Advisory Board of Richard W. Cleeremans of
2510 Hillside Lane S. W. from the table. Ayes (6), Nays (0). Motion
Carried. Allen moved, McNary second to approve the appointment.of.
the above. Ayes (6), Nays (0).. Motion carried.
Mr. James Sadler was present and represented a group from the 11 bloc
of 2nd St. S. W. and the businessmen in the area are objecting to the
removal of the traffic pedestrian signal at the East entrance to St.
Mary's hospital (employee entrance). This was referred to the Comm-
ittee of the Whole for further study.
Having no further business, Powers moved, Larson second to adjourn
the meeting until 7:30 P.M. September 22, 1975. Ayes (6), Nays (0).
Motion carried.
City Clerk
Information — September 15, 1975
1. Minutes - Standing Committee -July 28, 1975
2. Minutes - Standing Committee - August 11, 1975
3. Letter from City Attorney to Attorney.Gene ral RE: Development
District and School District question on "adjusted assessed
valuation."
4. Memo from Building official to City Administrator RE: Analysis.
of Proposed Construction, Rochester Area Student Housing.
5. Letter from Lloyd Welty, President Downtown Council, Rochester,
RE: Establishment of the Downtown Development District.
6. Letter from Northrop Elementary School PTA-Exe_cuti ve.Board RE,:-
Crossing r3uard at' 4tli_ Avenuef.-and 8th -S't_reet _( Referred to the
Traffi c-_Department _') _
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL 351
CITY OF ROCHESTER, MINNESOTA
Regular Adjourned Meeting - September 8, 1975
Agenda
Item
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Information.- September 15, 1975 - Cont.
7. Letter from Northrop Elementary School PTA IRE: Closing.: off=o_f"
the segment of 2nd Avenue N. W. lying between the school and Cas-
cade Park ( Referred to Traffic Engineer.)
8. Letter from Joel Sackett and Robert Brown RE: Establishment of
a City area as a collection point for bags of leaves. ( Referred
to the Public Services Department.)
9. Claim from Mrs. Tena Jansma (Richard), RE: Fall at crosswalk at
St. Mary's Hospital along 2nd St.-S. W. ( Referred to Attorney
Insurance, Public Services.)
10. Summons.from Plaintiff, Lois-M. Anthony RE: Claim for damages
suffered from a fall at 2nd St. S. W. (Referred to Insurance,
Attorney, Public Services.)
ll..Letter from Mrs. Catherine. Wagner RE: Request to raise school
crossing guard's salaries.
12. Referred to Planning and Zoning:
a. Variance at 102 South Broadway
b. Application for approval of General Developmetn Plan at Manor
Woods Third Subdivision.