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HomeMy WebLinkAbout07-17-1972Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 17, 1972 i� 10 1 1 Minutes of. an adjourned.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.July-17,� 1972. Parasident.Postier called .the meeting to order at 7:30 o'clock P. M., the.following� I members being present: President Postier, Aldermen Kamper,.Larson, Mayer, McNary, Powers, i Strain. Absent: None. it Upon motion by Mayer,.second by Damper, and -all voting in.favor, the minutes of the meetings of July 6, 1972 and.July 12, 1972 were approved. Hearing on petition to vacate the East 174.41 feet of the East-West Alley in Block 17, Original Plat(Mayo Foundation and.Olmsted County Historical Society). There was no one present wishing to be -heard. President Postier declared the hearing officially closed. Alderman Mayer said that, the City Engineer had recommended that.the entire alley be vacated and he wondered if anything had been done about that, he was informed that the Council cannot initiate vacations, it has to be done by the property owner. The recommendation of thel I. Planning & Zoning Commission was that this alley be -vacated. Mayor Day suggested that.the i Council take a look at the policy on vacations,_he said some people were required to pay the value of the property and others were not and he felt some uniform regulations should be set i I up. Upon motion by Kamper, second by Larson, and all voting in favor, except Aldermen McNary II and Powers who abstained, the recommendation of the Planning & Zoning was accepted and a resolution was adopted vacating the east 174.41 feet of the East-West Alley in Block 17, Original Plat. Hearing on application for a variance to permit a free standing sign in a B-la District on property located at_2210 North Broadway. The recommendation of the Planning and Zoning Commission was that the sign provision be varied to permit a small ground sign to be located so no part of the sign is closer than 3.5 feet to the eat right-of-way line of U.S. 63 North. Dr. P. H. Gentling, the petitioner, was present and urged that this variance be i� granted. There was no one else present wishing to be heard. President Postier declared the ' hearing officially closed. Upon motion by Larson, second by Powers, and all voting in favor, i the recommendation of the Planning and Zoning was accepted and a resolution was adopted varying the Zoning Ordinance to the extent necessary to.permit the use of a free-standing ground sign i 3.5feet distant from the east right-of-way line of North Broadway (U.S. Highway No. 63) said sign to measure 2 feet by 4 feet extending not more than 8.5 feet above ground. {' it Hearing on -application for a temporary use permit to allow a Trailer to be placed on the corner of Elton Hills Drive and 3rd Avenue N. W. to,be used as a Popcorn Stand. The recommendation of the Planning and Zoning Commission.was that the application be approved subject to (1).adequate policing.of immediate area so.that this corner does not become trashy (2) That the curb service does not interfere with the traffic flow on either Elton Hills Drive or 3rd Avenue N. W. (3) that the trailer be parked on private property and not on public property (4) sanitary facilities and (5) permits for signs. There was no one present wishing I, is 366 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 17, 1972 - to be heard. President Postier declared the hearing officially closed. Upon motion by Kamper, second by Strain, and all voting in favor, the recommendation of the Planning & Zoning Commission was accepted with the deletion of (4) sanitary facilities and a resolution was adopted approving temporary use permit for location of a popcorn.trailer on Elton -Hills Drive N.W. subject to the conditions listed but with the deletion of (4) sanitary facilities. Hearing on final plat of Lampland's First Subdivision. There was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by McNary, and all voting in favor, a resolution was adopted approving the plat of Lampland's First Subdivision. Hearing on final plat of The Meadows. Theme was no one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by McNary, second by Powers, and all voting -in favor except Alderman Larson -who abstained, a resolution was adopted approving the plat of The Meadows. The appointment by Mayor Day of Larry Robarge as a member of the Music Board, to fill the unexpired term of Gordon Danuser-who has resigned (the appointment to expire on January 1, 1973). Upon motion by McNary, second by Powers, and all voting in favor, the appointment was approved. Upon motion by Powers, -second by McNary, and all voting in favor, a resolution was adopted reapportioning the sum of.$2,000.00 from the General Fund Contingency account to the Mayor's Contingency Fund. Upon motion by McNary, second by Mayer, and all voting in favor, approval was given to the request of the The Olmsted .County Bank to erect a lemonade stand and to serve lemonade at the -corner of 2nd Street S. W. and Broadway for the benefit of the Boy -Scouts, mentally retarded and YMCA and approval was also given to the Downtown Merchants to conduct their annual sidewalk sale. Upon motion by Powers, second by Kamper, and all voting in favor, a•resolution was adopted instructing the City Clerk to advertise forbids to construct a two inch bituminous overlay on the airport entrance roads and the general aviaition ramp, the estimated cost of this project is $54,000 of which 50% will be paid for by the State. Upon motion byStrain, second by McNary, and all voting in favor, the applications of.Bernard.Cottage Shoppes Inc. at Daytons at Apache (2).and Miracle Mile Coffee Shop for a• license to sell cigarettes and the application of Herb Nesler for a license to construct sidewalks were approved and the City Clerk was instructed to -issue the 'said licenses. Recommendation of Public -Works Committee that the-Counci-1 initiate a local improvement project and order a hearing for "street construction, sanitary sewer, storm sewer, watermain and service connections on 1st Avenue S.E. from 8th Street S.E. to 9� Street S.E." Upon motion by Strain, second by Larson, and all voting in favor, the two following resolution were adopted: (a) resolution referring proposed -improvement for feasibility report and recommendation for street construction, sanitary sewer,.storm sewer, watermain and service connections on 1st LJ 0 1 0 L� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 17, 1972 L I I • 1 Avenue S. E. from 9th to 9k Street.S..E. and (b) resolution receiving preliminary report and ordering a public hearing and directing preparation of plans and.specifications for above project. A motion was made by Kamper, second by Mayer, and passed unanimously that the semi-monthly bills, list.attached, in the amount of $74,307.58 be approved. Recommendation of Council Committee of.the Whole that thefollowing changes be made to.the Animal Control Ordinance: 1. Licensing (not leashing) of cats. .2. A late.licensing penalty of $2.50 for July (1st Month) and $5.00 thereafter. 3. Any wild animal kept as a pet to be registered with the Poundmaster. 4. Increase borading fee from $1 to.$2. . 5. Give the Poundmaster police office powers only so far as this ordinance goes. 6. Adding a no barking clause.. 7. Authorize Poundmaster to shoot vicious or wild animals he can't apprehend safely. 8. Re -word the animal abuse section. 9. Authorize Poundmaster to .dispose of owner's pets at a fee. Upon motion by Larson, second by Damper, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance. Recommendation of Planning and Zoning Commission that they had considered the problems that have been created.locally by the unregulated excavation and grading of various sites and recommending that the Common Council adopt Chapter 70, of the 1970 Edition of the Uniform Building Code to give the community some regulation of excavation .work and grading; they also.recommend that the Council look into the matter of which edition of the Uniform Building Code is actually in effect and if the 1970 Edition of the Uniform Building Code is in effect on a state wide.basis, they then recommend that neces parts of the ordinance adopting the 1967 Edition be repealed so as to eliminate any possibility of conflicting provisions that would result in confusion as to which code actually applies in Rochester. Upon motion by Kamper, second. -by Mayer, andall voting in favor, the recommendation was accepted and a public hearing on the proposal was.set for 2:00 o'clock P. M. on August 7, 1972.. Grant Agreement pertaining to sewer facilities in DeWitt Addition and sewer and water facilities in Maple .Lane and Allendale Subdivisions; under terms of -this agreement the federal government will make a grant .to the City of Rochester not to exceed $44,400 50% of the eligible.projects costs, whichever is lesser, in order to aid in the financing of this project ( a.;copy of the Grant Agreement- Project No. WSF-MN-05-46-1010 is on file in the office of the City Clerk). Upon motion by Strain, second by Mayer, and all voting in favor, the following resolution was adopted: WHEREAS, the City of Rochester, Minnesota organized and existing under and by virtue of the laws of the State of Minnesota (herein called the "Applicant"), has heretofore submitted an application to the United States of America, acting by and:through the Secretary of Housing and urban Development (herein called the "Government"), for a grant under Section 702 of the Housing and Urban Development Act of 1965, for the purposes designated in the said application; and WHEREAS, the Government has approved said application subject to certain conditions and has submitted to the Applicant a -certain Grant Agreement (herein called the "Grant Agreement"), for approval and execution by the Applicant, which said Grant Agreement is satisfactory. NOW THEREFORE, BE IT RESOLVED by the Common Council of the Applicant that • r�311�68, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., July 17, 1972 the said Grant Agreement, a copy of which is attached hereto, being the same is hereby approved. The Mayor and City Clerk are hereby authorized and.directed to execute the said Grant AGreement in.the name and on.behalf of the Applicant, in as many counterparts as may be necessary, and the City Clerk is hereby authorized and directed to affix or impress the official seal of the Applicant thereon and to attest the same. The City Clerk is directed to forward the.said executed counterparts of the said Grant Agreement to the Government, together with such other documents evidencing the approval and authorization.to execute the same as may be required by the Government. .Mr..Don Terry -of the Rochester Jaycees was present in regard to the rental charge at the Mayo Civic Auditorium for the Miss Rochester Pageant; he was requesting relief of the rental charge,.the rental charge for the 1972,pageant was approximately $950 which was one half the cost of the pageant. He was told the Council had a policy whereby they did not • grant or subsidize in this way, he was told to contact.the public schools and maybe they could use one of the auditoriums or contact the Manager of the Auditorium and see if the costs could possibly be lowered for stage hands, electricians, etc. Resolution setting a.hearing on the vacation of utility easement on Lots 2 through 16, Block 13, Northgate Third Addition, less Lot 10 and less the North 5.0 feet of Lots 2 and 11, Block 3, Northgate Third Addition, hearing to be on September 4, 1972. Upon motion by Mayer, second by Strain, and all voting in favor, resolution adopted. An Ordinance Rezoning Certain Property and amending the Zoning Ordinance of the City of Rochester, Minnesota (property in Section 7, Marion Township from R-3 District to B-3 District - Pervin P roperty) was.given its second reading. A motion was made by McNary, 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 Certain Property and amending the Zoning Ordinance of the City of Rochester, Minnesota (lands in Section 13, T106N, R14W to F District and R-3 District - Middlewest Development Corp.) was given its second reading..A motion was made by Strain, second .by McNary, 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 Certain Property and amending the Zoning Ordinance of the City of Rochester, Minnesota (Lots 3 and 4, Replat of Outlot No. 1 and Block.l, Replat of Bielenberg & Giese Fourth Addition to B-la District) was given its second reading. A motion • was made by Larson, second try Powers, that.the said ordinance be adopted as read and all voting in favor except Alderman Strain who voted "nay", President Postier declared the said ordinance duly passed and adopted. Mr. Eugene Slama of the Chamber of Commerce was present in regard to a proposal whereby the Downtown Council would issue tokens to customers which can be used like nickels in parking meters but could not get final approval until the Downton Council meets, which would be July 24th so he requsted that thematter be tabled. Mayor Day had previously requested that the Council remove parking on Broadway from 4th Street S.E. to 2nd St. N. W. for a six week trial period and this had been rejected by the Downtown Council and instead they proposed the tokens. At a meeting of the Council.as a committee of the whole it had been agreed to try both plans and Mr. Slams had tried to get approval of the dula plan but was unable to get a quorum so requested it be tabled. Mayor Day said he still felt he would like to try some free parking but as no one seemed to agree he would withdraw his suggestion or request. No action was taken. 1 1 � 0 Record of Official Proceedings of the Common Council ` 6 9 of the City of Rochester, Minn., July 17, 1972 Upon motion by Larson, second by Powers-, and all voting in favor, the meeting was Adjourned. Ci Clerk INFORMATION 7/17/72 1. Claim for Injury - Margaret Ann Emerson, Charles City, Iowa (referred to Attorney, Insurance, Engineer) 2. Claim for Damages - Duane Blaska of 2625 13th Avenue N.W. (referred to Attorney, Insurance, Engineer) 3. Letter from MMC re:. Knollwood Addition annexation (referred to Attorney) 4. Letter from MMC re: Della Spornitz annexation (referred to Attorney) 5. Municipal Court Financial Report for June, 1972 6. Referred to Planning and Zoning: a. application by Youth Employment Project (YEP) to have sales stations for melons and sweet corn at various Rochester locations (Diane L. Graham) b. petition to rezone Lots 14-18, Block 2, Valhalla 4th Subdivision from R-1 to B-lb (Vern Suter) U � 0