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HomeMy WebLinkAbout02-07-1972256 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1972 Minutes of a regular meeting of the Common Council of the City of Rochester, Minnesota, held in the Council Chambers in the City Hall, in said City, on February 7, 1972. President Postier called the meeting to order at 2:00 o'clock P. M., the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers, Strain. Absent: None. Upon motion by Larson, second by Mayer, and all voting in favor, the minutes of the meeting of January 17, 1972 were approved with the following correction: Page 4, Line 11 should read - Upon motion by McNary,, second by Kamper, and passed unanimously, that the semi-monthly bills, list attached, in the amount of $99,566.36 be approved. Upon motion by Mayer, second by Larson, and all voting in favor, the following appointments by Mayor Day to the Housing and Redevelopment Authority (Low and Moderate Income) were approved: Mrs. Paul (Frances) Ludowese 836 2nd Street N. W. 1 year Warren.T.Brink 4027 6th Street N. W. 2 years Dave M. Pennington 511 15th Avenue S.W. 3 years James A. Wooten 2115 9th Avenue N. E. 4 years William H. Sipple 2252 Valkyrie Drive 5 years (thereafter the members shall be appointed for 5 years when their term expires) Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopted referring a petition for sanitary sewer extension in Northern Hills Drive N. E. from Northern Hills First Subdivision to 22nd Street N. E. to the City Engineer and Public Works Committee for determination of adequacy, feasibility report and recommendation. Recommendation of City Administrator that the City enter into an agreement with the County of Olmsted, School District 535 and the Public Utility Board to participate in the use and cost of a joint computer center; the County Board opened bids on December 28, 1971 on the computer hardware and bids were submitted by IBM and National Cash Register, IBM submitted the low bid. The total monthly central computer costs will be $5,900 and the costs will be apportioned for the first 18 months as $1,300 to the City, $800 to the School, $1,900 to the County and $1,900 to the Utilities; after the 18 months reallocation of costs may be made on the basis of actual utilization. The agreement is to be effective as of July 1, 1972 or such date thereafter as delivery of the computer shall be made and continue until June 30, 1974, thereafter it is continued on a year to year basis unless earlier terminated by all parties. The agreement further provides for the establishment of a•four member Operational and Functional Committee, comprised of one representative from each of the four parties to the agreement and this committee would be concerned primarily with scheduling problems and making recommendations U on the financial operation of the Computer Center. The signing of the agreement by all parties would finalize the bid'award to IBM and delivery date of equipment is scheduled for, -on or about July 1, 1972. A motion was made by Strain, second by McNary, that the recommendation be accepted and the City Attorney was instructed to prepare a resolution authorizing the Mayor and City Clerk to execute the said agreement; all voted in favor. Recommendation of Committee of the Whole that the City enter into a contractural agreement with the Rochester Area Chamber of Commerce to provide convention and tourist promotion service, the value of such services is not to exceed the sum of $15,000 and the term of the )I 1 • n 1 0 71 Record of Official Proceedings of the Common Council 257 of the City of Rochester, Minn., February 7. 1972 1 • 1 EI 1 agreement is for one year; the Chamber of Commerce has prepared a preliminary budget pro- jecting expenditures of $32,170 and the Chamber of Commerce will contribute $17,170 to finance the remaining income requirements of this budget. A:,motion was made by McNary, second by Powers, that the recommendation be accepted and the City Attorney was instructed to prepare a contractual agreement with the Chamber of Commerce and a resolution authorizing the Mayor and City Clerk to execute same; all voted in favor. Request of U. S. Army Reserve to use City property near the dog pound to donduct a medical evacuation exercist with the use of helicopters on April 15-16 and June 17-18, 1972, the city property would be utilized as a helicopter landing site and a medical operations center on these dates. A motion was made by Strain, second by Kamper, that the request be approved subject to, the execution of a "hold harmless" clause to the benefit of the City and the City Attorney was instructed to prepare the necessary documents; all voted in favor. Upon motion by Kamper, second by Mayer, and all voting in favor, the City Attorney and Finance Director were authorized to complete the slope easement purchase from Woodhouse Brothers for the amount of $14,000; this is the.remaining parcel on which a slope easement is needed for the Second Avenue N. E. project. Recommendation of Public Safety Committee that the application from Donald-D. Jacobson for a Sunday Liquor License at the Happy Warrior Bar at 322 First Avenue S. W. be denied. Upon motion by Strain, second by Powers, and all voting in favor, the recommendation was accepted and the application was denied. Request of Charles Staudacher to move two cabins from the Travelure Motel at 2214 .. South Broadway out of the city and to Plainview, the time and route of moving.were approved by the Police Department and the permits were issued prior to the Council meeting because of the time delay until the next Council meeting; procedures are being investigated whereby permits for moving buildings can be handled administratively after review and approval of the appropriate departments involved. A motion was made by Kamper, second by Larson, -that the request be approved and investigation of the procedures be approved; all voted in favor. Recommendation of Airport Commission that the Mayor be authorized to execute the documents for payments on.Project #71-1-8-27-0084-01-71, final estimate ADAP Paving High Speed Turn -Off, payments to Doyle Conner Company $36,879.19 and McGhie & Betts $7,587.01. Upon motion by McNary, second by Larson, and all voting in favor, the recommendation was approved and the Mayor authorized to sign the necessary documents. Recommendation of Committee of the Whole that the request of the Library Board for permission for a new exit.door to project 2 feet into the public alley on the west side of the new library building (Penny's Building) be approved. Upon motion by Kamper, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney . was instructed to prepare the necessary.documents. Upon motion by Mayer, second by Strain, and all voting in favor, the application E of Milton Bond of the Rochester Youth Center for permits to hold public dances at the Record of Official Proceedings of the Common .Council of the City of Rochester, Minn., February 7, o972 Armory on February 4, 1972 and at the North Hall, Mayo Civic Auditorium on February 18 and March 10, 1972 was approved and the licenses granted. The matter of delegating the issuance of these licenses and having only -the initial application presented to the Council and the City Administrator was instructed to investigate this. (The City Attorney reported later at the meeting that the State Law required that the Common Council approve all dance licenses). Report of City -Engineer that final -costs data and assessment' rolls have been prepared for the construction of concrete sidewalk on the south side.of loth Street S. E. from 15th Avenue S. E. to West 458.52 feet (Welles Shopping Center). Upon motion by Strain, second by Mayer, and all voting in favor, two resolutions were adopted on the above project (a) resolution declaring cost to be assessed and ordering preparation of proposed assessment and (b) resolution ordering a hearing on the proposed assessment. Recommendation of Traffic Engineering that a passenger loading zone be established on 5th Avenue Southwest on the west side of the street 50 feet more or less in front of the premises known as 225 Fifth Avenue Southwest. Upon motion by Strain, second by Kamper, and all voting in favor, a resolution was adopted amending the parking resolution establishing the passenger loading zone as requested. Recommendation of Traffic Engineering -that a 2-hour limit be established on the west side of 5th Avenue S. W. from 3rd Street to the east -west alley between 2nd Street and 3rd Street -between the hours of 8:00 A. M. and 6:00 P. M. on Monday through Saturday. Upon motion by Mayer, second by Strain, and all voting in favor, this recommendation was referred back to the Public Safety Committee fora study of the entire block. Recommendation of Traffic Engineering that the existing 1-hour parking limit on 6th Avenue N. W. between the Chicago Northwestern Railroad Company tracks and 7thStreet N. W. be revised to 2-hour limit. Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopted amending the parking resolution as recommended. Recommendation of Public Safety Committee that the City petition the Minnesota Public Service Commission to investigate the following crossings for additional protection (1) North Broadway (north tracks) and Chicago Northwestern Railroad Center (2) Second St. N. E. and Chicago Northwestern Railroad Co. (3) Second Street S. E. and Chicago Northwestern Railroad Co. and (4) Fourth Avenue N. W. and*Chicago Northwestern Railroad Co. Upon motion by Strain, second by Powers, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare a resolution petitioning the Public Service Commission to investigate the above mentioned crossings for additional protection. Upon motion by Mayer, second by Strain, and all voting in favor, a resolution was adopted ordering bids for street improvements on 3rd Avenue S. E. from 12th to 16th Street S. E. Recommendation of Public Works Committee that the proposals of (a) Wallace, Holland Kastler, Schmitz & Company for plans and specifications for bridge over Cascade Creek on 4th Avenue extension between 12th and 14th Street N. W. and (b) Bather; Ringrose, Wolsfeld, Inc. for preliminary study and report on three intersection improvement projects = 3rd Avenue and 4th 1 0 �J 1 9 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7. 1972 1 • 1 1 Street S. E., llth Avenue and 14th Street N. W. and llth Avenue and 5th Street N. W. Upon motion by Mayer, second by Kamper, and all voting in favor;.the recommendation was app and resolutions were adopted authorizing and directing the Mayor and City Clerk to execute the said proposals. Upon motion by Strain, second by McNary, and all voting in favor, resolutions were adopted authorizing the City Clerk to advertise for bids for furnishing of the following (a) four 25,500 GVW truck chassis, three for the S & A Dept. and one for the landfill (b) one 3/.4 ton pickup truck for.the S & A Dept.(c) four 4415 cubic yard dump boxes for the above 25,500 GVW chassis (d) one street sweeper for the S & A Dept. (e) sidewalk snowplow for the S & A Dept. (f) suburban type wagons for the City Engineer's Dept. two. (The City Clerk was instructed to advertise the street sweeper and snowplow in the Construction Bulletin as well as the Post Bulletin). Upon motion by Strain, second by McNary, and all voting in favor, two resolutions were adopted approving and accepting assignment of additional and substituted securities in collateral in lieu of a depository bond from (a) Northwestern National Bank in the net amount of $75,000.00 and (b) First National Bank in the net amount of $170,000.00. Upon.motion by McNary, second.by Strain, and all voting in.favor, a maternity leave was granted to Mrs. Louella.Horsman, Clerk Typist in the'Engineer's Department from March 1, 1972 to June 1, 1972. Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopted amending the Employment Policy of the City of Rochester as follows: Amend Section 16 (d) par 1. to read as follows: 1, Transportation Automobile allowance at 101,% per mile.. Actual cost for air coach or tourist, rail first class, bus (all less tax) or taxi (taxi fare should be in connection with arrival and departure only). The above amendment shall be effective February 1, 1972. (the present rate is 7�i� and this increase will bring the allowance in line with other governmental agencies and with the actual cost of operating an automobile). The Mayor's veto of a resolution adopted by the Common Council on January 17, 1972 establishing speed limits as follows: 16th Street S. E. - 40 miles per hour on 16th Street S. E. between the intersection with 3rd Avenue Southeast and the intersection with 11th Avenue Southeast. Elton Hills Drive - 40 miles per hour beginning at the intersection with T. H. 63 thence.northwesterly to the intersection with Viking Drive. 35 miles per hour from the last above mentioned intersection thence westerly to the intersection with 13th Avenue N.W. 30 miles per hour from the last above mentioned intersection, thence southwesterly to the intersection with T. H. 52. His veto message stated that he felt that the speed of 50 miles per hour in these residen- tial areas is to fast considering the large amount of young children living near these two schools. A motion.was then made by McNary, second by Mayer, to override the Mayor'.s veto and upon roll call, Larson, Mayer, McNary, Powers and Postier voting "aye" and Kamper and Strain voting "nay", the motion was carried and the Mayor's veto overridden and the resolution adopted. C7 Record of Official Proceedings of the Common Council of. the City of Rochester, Minn., February 7. 1972 6,1 . A motion was made by McNary, second by Mayer, acknowledging completion of the contract with'the consulting firm of Nason, Wehrman, Chapman Associates, Znc..for their work on the Northwest Property Owner's Association plan, that the billing for their services be paid and the contract terminated; all voted in favor. Recommendation of Planning & Zoning Commission that the petition to vacate the west one-half of Phelps Avenue S. W. (third avenue S.W.) adjoining Lot 5, Block 2, Golden Hill Addition be approved. A motion was made by Strain, second by Larson, that the recommendation be accepted and a resolution was adopted ordering a hearing on the vacation; all voted in favor. Recommendation of Planning and Zoning Commission that the application of Minnesota State Federation Square Dance Convention for a temporary use permit to 'allow a portion of the Olmsted County Farigrounds to be used as a travel trail parking area be approved. Upon motion by McNary, second by Larson, the recommendation was accepted and the temporary use was authorized; all voted in favor. Recommendation of Planning & Zoning Commission that the petition to annex the north one half of the South 2/3 of Lot 6, Block 15, Golden Hill Addition be approved. ;Upon motion by Strain,•second by Powers, and all voting in favor, this recommendation was referred back to the Planning & Zoning Commission for further study, to take a look at a larger area for annexation. Recommendation of Planning & Zoning Commission that the petition to annex a strip of land along the west boundary of Country Club Manor be approved. Upon motion by Mayer, second by Strain, and all voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary ordinance. Recommendation of Planning and Zoning Commission that the new Country Club Manor Area Park Site be annexed to the city and that steps be taken to acquire street right-of-way to extend 3rd Street N. W. to the park, this property is contiguous to the city limits and is owned by the City but a need exists to extend 3rd Street N. W. to the west to provide vehicular and pedestrian access to the park property. Mr. Robert Patterson, Attorney for the developers of Country Club Manor, said his clients were not in a position to make any commitments at this time in regard to access but felt some solutioncould be reached. A motion was made by Mayer, second by Larson, that the City Attorney be instructed to prepare an ordinance annexing the said area and the City Administrator meet with Mr.E. Forbrook and try to negotiate or reach some solution regarding the needed'access; all voted in favor. Recommendation of Planning and Zoning Commission that the preliminary plat of Country Club Manor loth Subdivision be granted approval with the condition that the vertical curve be lengthened to provide a no passing sight distance of at least 200 feet as provided in the Subdivision Ordinance. A motion was made by Mayer, second by McNary, that the recommendation be approved and the preliminary plat be given approval; all voted in favor. Alderman Mayer stated that he felt the Council would have to start in the near future thinking of some access to that whole area, the people have complained for years on getting in on 5th Street and as more houses are built out here the problem would increase. I • 1 0 1-1 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7, 1972 0 1 Recommendation of Personnel Advisory Committee that the resolution adopted by the Public Utility Board with the following provisions fegarding wages and benefits for the bargaining unit for 1972 be approved: 1. A 5.5% wage increase effective 1/16/72 2. Board to pay 65% of the dependent hospital premium 3. 120 Day I 0 D pay ( it now is 30) 4. Revised vacation schedule the same as rest of the City 5. Rotation schedule for asst. operators at the 2 plants with wages to be that now paid at Silver Lake 6. In emergencies where an employee has worked for 4 hours or more overtime and is not released for 8 hours rest, he will continue on overtime rate until released for 8 hours rest 7. Safety shoe allowance increased to a maximum of $16, it.is now $8.00 8. Hospital assistance plan A motion was made by Larson, second by Mayer, that the recommendation be approved and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. U pon motion by Mayer, second by Strain, and all voting in favor, the recommendatic of the Planning and Zoning Commission re the petition to change the zoning districting on Lot 1 of Auditor's Plat "D'' and Lots 1 and 2 of Arend Dalsbo Addition from the B-lb Distri to the M=1 Distr: ct'1,be tabled until the evening meeting. Resolution that the City of Rochester in cooperation with the Minnesota Department of Aeronautics and the Department of Transportation of the Federal Aviaition Administratior prepare an Airport Master Plan in conformance with the general criteria as set forth in the Airport and Airways Development Act of 1970 and the Mayor and City Clerk be authorized to sign any and all documents, contracts, and other instruments on behalf of the City as may be required for the initiation and execution of an Airport Master Plan. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. An Ordinance annexing to the City of Rochester certain unplatted land not exceedi 200 acres in area, all being in Section 12, Township 106 North, Range 14 West, Olmsted County and establishing the zoning therefor (Della Spornitz - Phil's Fix All) was given it first reading. An Ordinance annexing to the City of Rochester certain unplatted land not exceedi 200 acres in area all being in Section 12, Township 106 North, Range 14 West, Olmsted County and establishing the zoning therefor (Mitchell property at 1245 Marion Road S. E.) was given its first reading. An Ordinance relating to unfair discriminatory practices, designating the Rochester Human Rights Commission as the Successor of the Community Relations Commission and changing the membership thereof, amending Rochester Code of Ordinances, Sections 220.020, 220.050, 220.100, 220.110 and 220.120, was given its second reading. A motion was made by McNary, second by Powers, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance annexing to the City of Rochester certain unplatted land not exceedi 200 acres in area, all being in Sections 15 and 16, Township 107 North, Range 14 West, Olmsted County Minnesota and establishing the zoning therefor (Pennington Property) was U �62 Record of Official Proceedings of the ' Common Council of.. the City.. of. Rochester, Minn., February 7, 1972 11 L1 given its second reading. A motion was made by Mayer, second by Kamper, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance relating to intoxicating liquors and the issuance of licenses therefor, amending Rochester Code of Ordinances, Section 160.010 (Provided that any hotel as herein described licensed for the first time after December 1, 1970 shall have not less than 100 guest rooms and a dining room having a capacity t6 seat not less than 100 guests) was given its second reading. A motion was made by McNary, second by Powers, that the -said ordinance be adopted as read and all voting in favor, President Postier declared the said .ordinance duly passed and adopted. An Ordinance amending Ordinance No. 1466 entitled "An Ordinance Establishing within the City of Rochester an Urban Service District and a Rural Service District as separate Taxing Districts by adding the following Section 10, was given its second reading: Section 10. Rural Service Districts; Platted Land. Notwithstanding the provisions of Sections 3, 4 and 7 of this ordinance, a rural service district may include platted parcels of land whith the Common Council determines to be rural in character and not developed for urban residential, commercial, or industrial purposes. The Common Council shall annually review the tax ratio applicable to such platted parcels as determined under Section 6 of this ordinance, and shall annually review the status of all such platted parcels to determine whether such parcels continue to qualify for inclusion in the rural service district. A motion was made by Mayer, second by Strain, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. An Ordinance rezoning the Robert Conway property in Marion Township from the R-1 District to the R-3 District was given its second reading. A motion was made by Powers, second by Strain, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. Resolution adopting Public Utility Board Resolution passed onJanuary 31, 1972 establishing salaries and benefits for various positions in Electric Department, Steam Department, Water Department and Secretary's Office. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. Resolution approving modification of Fire Protection Agreement and authorizing Mayor and City Clerk to execute same. Upon motion by Larson, second byMayer, and all voting in favor, resolution adopted. Upon motion by McNary, second by Powers, and all voting in favor, the meeting was adjourned to 7:30 o'clock P. M. President Postier called the meeting to order at 7:30 o'clock P. M. the following members being present: President Postier, Aldermen Kamper, Larson, Mayer, McNary, Powers, Strain. Absent: None. Hearing on proposed assessment.for New Sidewalk Project #101971 - concrete sidewalk on the north side of 33rd Street B. W. from 19th Avenue N. W. to 22nd Avenue N. W. There was no one present wishing to be heard. President Postier declared the hearing officially • Record of Official Proceedings of the -Common Council of the City of Rochester, Minn., February 7, 1972 263 i 0 I ' [1 11 1 closed. A motion was made by Strain, second by McNary, to proceed with the assessment and'. adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #2-197 - concrete sidewalks on the north side of 33rd St. N.W. from 18th to 19th Avenue N.W.; on the east side of 19th Avenue N. W.. from 33rd St.N. W. to 2 lots north of 35th Street N.W. and both sides of 34th .St. N. W. and 35th Street N.W. from 18th to 19th Avenue N.W. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by.McNary, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #3-1971 - concrete sidewal on the west side of 12th Avenue N. W. and -south side of 31st Street N. W..from .l5th Avenue) to 29th Street N. W. and north side of 31st Street N. W. from 14th Avenue N. W. to sidewall� inplace. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Strain, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #4-1971 - concrete sidewal on both sides of 16th Avenue N. W. from 15th to 17th Avenue N. W.; west side of 15th Avenue N. W. from .16th Avenue N. W. to Cascade Street N.W.; East side of 15th Avenue N.W. from Elton Hills, Drive to inplace walk, and west side of 14th Avenue N. W. from 22nd Street N. W. to sidewalk inplace. There was no one present wishing to be heard.° President Postier declared the hearing officially closed. A motion was made by Strain, second by Powers, to proceed with the project and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #5-1971 - concrete sidewa l on east side of 9th Avenue N. W. from Elton Hills Drive to one lot north 28th St. N.W. and both sides of 28th St. N.W. from 9th Avenue N. W. to Zumbro Drive N. W. affecting those lots where sidewalk does not now exist. A letter from W. Joe Albright of 710 - 28th St. N. W. stating that he had measured the thickness of a portion of his sidewalk and found .such thickness significantly less than the city, specifications was read and ordered placed on file. Dr. Eugene Fibuch of 2530 9th Avenue N. W. and Obed Jacobson of 2524 9th Avenue N. W. and said they were concerned with the construction of the sidewalk and the durabilit. thereof. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by McNary, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. (The Sidewalk Inspector was to follow through on the three complaints). Hearing on New Sidewalk Project #6-1971 proposed assessment for concrete sidewalk on the north side of 23rd Street N. W. from 21st Avenue to 23rd Avenue N. W. and on 23rd Avenue N. W. from 23rd Street N. W. to 21st Avenue N. W. There was no one present wishin • I 6 4.. Record of Official Proceedings of the Common Council of. the City of .Rochester, Minn., February 7, 1972 to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Powers, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #8-1971 concrete sidewalk on east side of 162 Avenue N. W. from 16th Street to 14th Street N. W. There was no one present wishing to be heard.- President Postier declared the hearing officially closed. A motion was made by Strain, second by Mayer, to proceed with the assessment andadopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #9-1971 - concrete sidewalk on west side of 15th Avenue N. E. from Railroad south to inplace; west side of 1st Avenue S. E. & N.•E.•to Railroad; south side of 7th Street S. W. from 4th Avenue west to inplace; north•side East Center Street from 1st Avenue west to alley. •A -letter from the Chicago and North Western Railway Company objecting to this assessment because the Railway -can receive no.possible benefit from the sidewalk, either at the present time or at any time in the future was read. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Larson, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for New Sidewalk Project #10-1971 - concrete sidewalk on east side of 6th Avenue S. E. from 13th to -16th Street S. E.; south side of 15th Street S. E. from 6th to 8th Avenue S. E.; north side of 16th Street S. E. from 9th to llth Avenue S.-E. There was no one present wishing to be heard. President Postier, declared the hearing officially closed. A motion was made by Larson, -second -by Powers, to proceed with the project and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for concrete sidewalk on the north side of 15th Street N. W. from Valleyhigh Drive west to the city limits:. There was no one present wishing to lie heard. President Postier declared the hearing officially closed. A motion was made by McNary, second by Strain, to proceed with the assessment and adopt a resolution levying assessments for the said project; all voted in favor. Hearing on proposed assessment for concrete sidewalk nn north side of 38th Street N. W. from 18th to 19th Avenue N. W. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made -by Larson, second by Strain, to proceed with the assessment and adopt a resolution levying assessments -for the said project; all voted in favor. Hearing on proposed assessment for concrete -sidewalk on both sides of 26th Street N. W. from 14th to 15th Avenue N. W. There was no one -present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Powers, second by McNary, to proceed with the assessment and adopt a resolution levying assessments for the said project;•all voted in favor. Hearing on proposed assessment for concrete sidewalk on south -side of 29th I 1 1 • 1 0 Record of Official Proceedings of the Common Council 40 of the City of Rochester, Minn., February 7, 1972 e • . �. 260. 1 0 I I U 1 Street N. W. from 12th to 15th Avenue N. W. There was no one present wishing to be heard, President Postier declared the hearing officially closed. A motion was made by Strain, second by Powers, to proceed with the assessment and adopt a resolution levying assessment for the said project; all voted in favor. Hearing on proposed assessment for deferred assessments to Lots 1 thru 9 of Christensen Sehl Subdivision for (a) construction of 1st section of the Northeast Trunk Line Sanitary Sewer in -the south one half of Sections 23 & 24 Cascade Township (b) construction of sanitary sewer in 24th St. N.E. from 4th Avenue N.E. to T. H. 63 and (c) extension of watermain in T. H. 63 and 24th St. N.E. from Northern Heights Drive to 4th Ave. N.E. being a portion of the project for construction of sanitary sewer, storm sewer, Watermain, service connections,.street grading and surfacing in Sehl's First Subdivision. (These lots were not in the city limits when the improvements were made, they have since been annexed and are subject to the assessments as listed). Mr. Bernard Gilles of 348 24th Street N. E. was present and inquired how the figureswere arrived at. C. A. Armstrong, City Engineer, explained that the assessments had been made on work done several years ago and were done on the property as benefited. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Strain, to proceed with the project and adopt a resolution levying the assessments on the said project; all voted in favor. Hearing on street improvements on 16th Street S. E. from 3rd Avenue S. E. to T. H. # 63-. (grading and paving roadway to 60 feet width, surface drainage -including a section of trunk line storm sewer, a section of sanitary sewer trunk line, concrete curb and gutterm sidewalk on the -south side of 16th Street and service connections stubbed into the boulevard). The total estimated cost is $210,000 of which $30-,000 is to be presently assessed, $120,800 to be paid from Municipal State Aid and $89,200 to be paid from city funds. There was no one present wishing to be heard. President Postier declared the hearing officially -closed. A motion was made by Strain, second byMayer, to proceed with the project and adopt a resolution ordering the improvement to be made and the engineer; all voted in favor. Hearing on application to vary the lot area requirements on the property located ati 426 2nd Avenue S. W. Mr. Gary Krofchalk, Attorney for the petitioner, was present and urged that their request be approved; he said they wish to convert the present 57 units into approximately 24 apartment units to provide needed low cost housing units especially for older people within walking distance of clinic and other downtown facilities; he said his client was going to do this probably one unit at a time and wondered if the 24 off- street parking spaces required would have to be provided at once -of -if they could be provided as construction progresses. He was told the requirement was one per unit and could be provided as the construction progresses. Thexe:.wasn,no one�te'lse present wishing to be heard. President Postier declared the hearing officially closed. A motion was, 0 ;ss. Record of Official Proceedings of the Common Council of the City of Rochester, Minn., February 7., 1972 , made by Larson, second by Strain, that the variance be granted and the City Attorney be instructed to prepare the necessary resolutions (24 offstreet parking spaces to be provided); all voted in favor. Hearing on application to vary the sign requirements of the Zoning Ordinance to allow a roof sign to be erected without open space between the sign and roof structure of the building located at 1225 North Broadway (Shell Oil Company). There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second -by McNary, that the yariance be granted and the City Attorney be instructed to prepare the necessary resolution; all voted, in favor. A motion was made by Larson, second by McNary, and passed unanimou.sly., that the semi-monthly bills, list attached, in the amount of $176,998.24 be approved. Mr. Walter Pappas of the Junior Chamber of Commerce was present and urged the Common Council to take appropriate action in the issuance of liquor licenses to clubs that limit membership by color or by any other means, they feel all men are created equal and can see no need for this. He was told that this question was now in the Public Safety Committee and they would be meeting on it in the near future. Upon motion by McNary, second by Strain, and all voting in favor, that the recommendation of the Planning & Zoning Commission on the petition to change the zoning districting on.Lot 1 of Auditor's Plat "D" and Lots 1 and 2'of Arend-Dalsbo Addition from the B-lb District to the M-1 District be removed from the table. Mr.A. M. Keith, Attorney for the petitioner, was present and said the original petition had only been for B73 District and they had been asked by the Planning Department to change the petition to M-1, he said everything they wanted it for could be accomplished in the B-3 District. Amotion was made by Mayer, second by Strain, that the property be changed from the B-lb District to the B-3 District and the City Attorney be instructed to prepare the necessary ordinance; all voted in favor. Upon motion by Larson, second by Kamper, and all voting in favor, a resolution was adopted appointing election judges for the year 1972. Resolution granting a variance to the sign requirements as they pertain to a roof sign at 1225 North Broadway (Shell Oil Company). Upon motion by Strain, second by Mayer, and all voting in favor, resolution adopted. An Ordinance rezoning certain property and amending the Zoning Ordinance of the City of Rochester, Minnesota (change Lots 1 and 2, Ahrens Dalsbo Addition to the B-3 Gefieral Business District) was given its first reading. An Ordinance relating to Subdivision regulations and the platting of property, amending Rochester Code of Ordinances, Sections 41.100, 41.102 and 41.203, was given its first reading. An Ordinance relating to Electrical Building Regulations and the Electrical Code of the City of Rochester; amending.Rochester Code of Ordinances Sections 80.060, 81.040 81.060, 81.110, 82.010, 82.020, 82.030, 82.040, 83.010, 83.100, 83.110 and Repealing Rochester. • 1 L� Record of Official Proceedings of the• Common Council of the City of Rochester, Minn., February 7. 1972 26- 7 1 • 1 1 1 Code of Ordinances Sections 82.050, 82.060, 82.070, 82.080, 82.100, 82.110, 82.120, 83.130, 83.140 and 83.150, was given its first reading. Upon motion by Mayer, second by Strain, and all voting in favor, the meeting was adjourned until 7:30 o'clock P. M. on February 22, 1972. 0 Ci Clerk INFORMATION 2/7/72 1. Minutes of Standing Committees 1/3/72 2.. Letter from Charter Commission re: meeting with Council 3. Letter from Rochester League of Voters re registration centers (referred to City Clerk) 4. Notice of Accident - Arwin Z. Schoonover 2528 18th Ave. N.W. (referred to Attorney, Insurance, City Engineer) 5. Claim for Damage, Thomas P. Hockert & G. R. Peik at 912 North Broadway .(referred to Attorney, Insurance, City Engineer) 6. Claim for Injury, James Peterson, R. R. #1, Gloria, Iowa (referred to Attorney, Insurance, City Engineer) 7. Letter from Phillip Schaefer, 362 Elton Hills Drive re complaints on taxi cab companys practice of charging a double fare (referred to Public , Safety Committee, Attorney) 8. A letter has been received from MHD in appreciation for the use of the Council Chambers for a public hearing 1/12/72 9. A continued hearing and the"annexation to .the airport" will be held March 23, 1972 at 10:00 A. M. in the Olmsted County Court House 10. Referred to Planning and Zoning: a. application for a variance at 102 North Broadway (C. P. Hickey - Chuck's Tire and Auto Service) b. application for conveyance of property be metes and bounds at 1832 and 1838 1st Avenue S. E. (Carl & Ruth Riser) c. application for a variance at 1832 and 1838 Ist Ave. S. E. (Carl &Ruth Riser) 0