HomeMy WebLinkAbout08-21-1972�3r5V
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 21, 1972
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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
August 21, 1972. ...
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, Powers,
Strain. Absent: Alderman McNary.
Hearing on petition to vacate the northerly portion of the cul-de-sac at the end
of 15k Street N: W. in Wilson Hills Subdivision(Hearing continued from meeting on August 7th).
This hearing had been continued and referred to the Committee of the Whole for discussion and
the -Committee of the Whole now recommends that the same be approved with the petitioners paying
the expense of rebuilding the roadway. There was no one present wishing to be heard. President
Postier declare& the hearing officially closed. A motion was made by Larson, second by Strain,
that the vacation be granted and the City Attorney be instructed to prepare the necessary
resolution with•the stipulation that the petitioners pay for rebuilding the roadway; all present
v oted in favor.
Hearing on petition to change the zoning districting on Lots 14-18, Block 2,
Valhalla Fourth Subdivision from the R-1 to the B-lb District (Northwest corner of Elton Hills
Mr. Daniel Peters of 2217 Viking Drive N. W.-,.
Drive and Viking Drive N.W.). Mr. Delbert Pressnell of 2201 Viking Drive N.W., Alvin R. Voss
of 2131 Viking Drive N.W. and Alex Rentz of 2210 Viking Drive N. W. were present and each heard
opposing the requested change in zoning. Mr. Vern Suter, the petitioner, was also present and
said the request for rezoning is not for the purpose of an oil station or the like and perhaps
the zoning he had requested was more open thanahe needed, the types of uses he had in mind was
a medical building and office, photography studio, office building or some other business of
this nature. The recommendation of the Planning and Zoning Commission was that this petition
be denied. There was no one else present wishing to be heard. President Postier declared the
hearing officially closed. A motion was than made by Kamper, second by Mayer, that the
petition be denied; all present voted in favor.
The Mayor's reappointment of Dr. Jennings Johnson of 504 15th Street N. W. Dr.
Sidney Bernstein of 3912 19th Avenue N. W. and Everett Humke of 2213 Valkyrie Drive as members
of the Library Board, each reappointment is for a term of 3 years and expires July, 1975. Upon
motion by Strain, second by Powers, and all present voting in favor, the reappointments were
approved.
The Finance Committee requested that the Utility Board assume the dredging
operation at Silver Lake. Upon motion by Mayer, second by Strain, and all present voting in
favor, this matter was referred to the Public Utility Board for their approval or disapproval.
Upon motion by Kamper, second by Larson, and all present voting in favor, the
City Attorney was instructed to prepare an agreement between the City of Rochester and the
Rochester Art Center whereby the Park Department would be given the responsibility for the
management of the Plummer House.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 21, 1972
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Upon motion by Larson, second by Powers, and all present voting in favor,
the application for a one -day 3.2 beer license for the Annual Greek Festival to be held at
Silver Lake on Sunday, August 27, 1972 was approved.
Upon motion by Larson, second by Kamper, and all present voting in favor,
the request of the Rochester Art Center for permission to close off the auditorium parking
lot on Sunday, September 10, 1972, which is the date for the Art Festival, was approved
(the Art Center to coordinate their plans with the auditorium, since the parking lot has
to be utilized Saturday night for a program at the auditorium).
Upon motion by Strain, second by Powers, and all present voting in favor,
application of Thunderbird Car Wash for license to sell cigarettes and the application of
Robert C..Neill, Jr. for license to connect with sewers and drains were each approved.
Upon motion by.Strain, second.by Powers, and all present voting in favor, t
contract bonds of George Baihly (2) in the amounts of $27,586.00 and $50,739.50 were
accepted and the surety thereon accepted.
Upon motion by Larson, second by Mayer, and all present voting in favor, the
City Attorney was instructed to.prepare a resolution authorizing an easement conveying to
the County, an addition 27.feet of,right-of-way for highway construction along the landfill
site (Locoshonas Farm) in Ek SEk Sec. 28 and W 36 acres of Wk of SW'k Section 27, Oronoco
Township (this is 27' in addition to the existing 33' of right-of-way,and is necessary for
the road improvement to the landfill).
Upon motion by Mayer, second by Larson, and all present voting in favor, a
resolution was adopted.authorizing and directing the City Clerk to advertise for bids for
grading and base construction of interior road at the Landfill in E'k SE'k Section 28,
Oronoco Township.
Tabulation of bids for Water Tank and Trunk Line for High.Level District of
the Northwest Service Area. Bids received for Part II-watermain were Floyd Larson Costr.
Co. $51,530.00, Fraser Company, Inc. $52,962.10, The Frank Construction Co. $65,396.00,
Littrup Nielson, Inc. $59,375.00, Riverside S nd & Gravel $51,571.00, State Contracting Co.
$59,164.80 and Winona Plumbing Company $59,567.00 (engineer's estimate,was $59,407.00);
Part III - Elevated Water Storage Tank and Booster Station were Brown -Minneapolis
$102,173.00, Pittsburgh Des Moines Steel Co. $112,300.00 and Chicago Bridge & Iron.Company
$106,700.00 (engineer's estimate $96,000.00). Upon motion by Mayer, second by Strain, and
all present voting in favor,.the bids were referred to the Public Works Committee and the
Committee of the Whole for review and further consideration.
Upon motion by Larson, second by Mayer, and all present voting in favor, twol
.resolution were adopted (a) resolution approving and accepting assignment of additional
securities in the amount of $500,000.00 in collateral in lieu of a depository bond from the
Northwestern National Bank and (2) resolution approving and accepting assignment of
additional securities in the amount of $500,000.00 from the Olmsted County Bandf,, and Trust
Company.
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Record of Official Proceedings of the Common Council
.of the City- of. Rochester, Minn., August 21,- 1972
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Upon motion by Mayer, second by Strain, and all present voting in favor; the
recommendation of the Committee of the Whole approving the -request of the Park Board for the
purchase of a 3.69 acre tract of land adjacent to Zumbro River Park which is ov,value for
access and development of park.facilities was approved (the property is owned by Jack Day and
is available at $11500 per acre for a total of $5,725; in addition, the Public Works Department
will be seeking a utility easement through the property for a sewer extension to serve Maple
Lane'Subdivision).
Upon motion'by Mayer, second by Larson, and all present voting in favor, the
recommendation of the Committee of the Whole denying the request of the Park Board for the
purchase of .7 acre park located at the triangle of 2nd Street and 4th Street S. E. for
$5,725, was approved and the request denied Kthe Committee felt that the acreage -is too small
to be of -any great value for park purposes, that the price is very high and there is other
available state land in the same vicinity upon which the existing playground equipment can be
placed).
Recommendation of Planning and Zoning Commission stating that as a result of the
objection of the Town Board of Rochester, the M.M.C. has scheduled a public hearing on the
annexation of Lots 12, 13 and 14, Block 3, Knollwood Acres and said they felt it would be
desirable for the Common Council to state their position on this matter and make a recommendation
to the M.M.C. C. A. Armstrong, City Engineer, stated that it was his understanding that this
petition had been withdrawn. The City Attorney was'to dismiss this by stipulation.
Upon motion by Mayer, second by Larson, and all present voting in favor, the
City Attorney was instructed to prepare a resolution requesting the Minnesota Highway
Department to participate in the cost and design of the following project;at the intersection of
No. Bdwy and 7t�.StAiden Broadway to provide 4-through lanes, left turn storage lane,
raised median, and parking on both sides
2. Widen 7th Street to provide 4-through lanes and painted channelization
for a left turn lane
3. Install a new traffic signal system.
Resolution vacating cul-de-sac on 15k Street N. W. adjacent to Lot 5, Wilson.
-Hills Subdivision. Upon motion by Mayer, second by Larson, and all present voting in favor,
resolution adopted.
Resolution resetting a hearing on vacating of utility easement.which.lies across
Lots 2 through'16, Block 3, 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 held on October 2, 1972).
Upon motion by Mayer, second by Kamper, and all present voting in favor, resolution adopted.
Resolution approving plans and specifications for "grading, surfacing, sewers
and watermains and service connections in Country Club Manor loth Subdivision" and authorizing
and directing Mayor and City Clerk to execute a contract with Johnson, Drake & Piper, Inc, for
the construction of.the said improvements. Upon motion'by Larson; second by Kamper, and all
present voting in 'favor, resolution adopted.
Resolution approving plans and specifications for "grading, surfacing, sewers
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 21, 1972
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watermain and service connections in Elton Hills East loth Subdivision" and authorizing
and directing the Mayor and City Clerk to execute a contract with Builders Land Company
for construction of said improvements.
Resolution amending the parking resolution as follows:
(1) Section G, Alleys, Paragraph (1) is amended in its entirety to read as
follows:
"(1) The alley between Broadway and First Avenue Southeast from Third
Street Southeast to Second Street Southeast, one-way for northbound
traffic."
(2) Section G, Alleys, is amended by adding a new paragraph (5) to read as
...follows:
(5) The alley between Broadway and First Avenue Southeast from East
Center Street to.Second Street Southeast, one-way for southbound
traffic.
(3) Section C, Special Parking Zones,is amended by adding Paragraph (2.5) to
read as follows:
"(2.5) First Street Southeast on the north side of the street between
Broadway and First Avenue Southeast from the alley to a point 50 feet
more.or.less=west of the alley,: one.minute parking for library patrons
only."
_(4) Section E, Passenger. Loading Zones, is.amended by adding Paragraph (17.1) to
read as follows:
'.'(17.1)-First-:Street Southeast on the north side of.the street 25 feet
more or less in front of the entrance to the City Library."
(5) Section I, Zone A (12 minute parking) is amended by adding Paragraph (4.1) to
read as follows:
"(4.1) First Street..Southeast on the north side of the street for 50 feet
more or less immediately east of Broadway:"
Upon motion by Kamper, second by Mayer, and all present voting in favor, except Alderman
Powers who "abstained", resolution adopted. r
A motion was made by Larson, second by Kamper, and passed unanimously, that the
semi-monthly bills, list attached, in the amount of $288,795.47 be approved.
Gerald Swanson, City Attorney, presented a copy of a license agreement between the
City of Rochester and Heritage Associates, Inc. for the placement of the Whiting House
on Central Park. The Council members had received copies and he said he had been
requested to make a few changes.: ,
1: In paragraph #2 change the date from October 1, 1972 to November 15, 1972.
2. In paragraph #4, line 4 be changed from "within six months" to read °
"within a reasonable time"
3. In paragraph #6, first line change "City is not required under this license
to make any expenditures" be changed to "City May if it desires
but is not required under'this license to make any expenditures"
The Council went along with these changes and Mr. Swanson said he did not have any other
changes but maybe Mrs. Hill had some. Mrs. J. R. Hill then requested consideration of,
some,of the following changes:
1. In paragraph #6, line 5, "in the event that Heritageshall fail within 10
days after receipt" changed to in the event that Heritage shall
fail within 60 days after receipt"
2. In paragraph #7, line 1, "Heritage -will pay all taxes and assessments'that
may be levied" changed to read "Heritage will be responsible for
payment of all taxes and assessments that may levied" '
3. In paragraph #8, line'7; "plan to request permission to locate any other
buildings on Central Park or change the present use or condition
of any other area of the park" be changed to read ' plan to
request permission to locate any other buildings in Central Park
and that it shall remain a public park and Heritage will undertake
only those things which will restore the Park to its early use
and appearance such as restoring and replacing a foundtain of the
period and enhancing the present structure pumping station to make
it and the Whiting House architecturally compqNf_11
4. In paragraph #10, line.7, "not so removed within 30 days written notice
to do so" changed to read "not so removed within 90 days after
written notice to do so".
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., August 21, 1972
5. In paragraph #11, Mrs. Hill said she understood that their attorney
Mr. Dunlap and Mr. Swanson were going to study this further
as to limits, etc.
Mrs. Hill said there was one more thing, in paragraph #3 on the second page, the members of
Heritage Associates wi whom she spoke today, were wondering if the Council would feel it was within
within reason to expect that.the City would put in the sewer and water service; Warren Larson
also thought that the City should pay for the basement. No action was taken, on the sewer and
water service until further information is obtained. A motion was then made by Powers, second
by Strain, to approve the License Agreement as corrected; all present voted in favor.
A letter from John R. Kenefick; Deputy Attorney General, in regard to an opinion
on imposing a tax upon a person boarding an airplane destined for either intro or'interstate
travel and stating that rather than deal with this matter in -an opinion, at'the present time
they would prefer to await the outcome of the bill pending in the U. S. Congress which
obviously would dispose of this question: The Council decided to wait and see what action
would come from the U. S. Congress, and if the Congress would adjourn without taking any action
the Council would take action then.
Mayor Dewey Day stated that he had received a letter from the Public Examiner,
together with the report, and there was absolutely nothing or no problems with our present
bookeeping system and he wanted to commend the Department Heads and employees of the City, and
particularily '.Mr. Moline and the Finance Department, for the good work.
Upon motion by Powers, second by Kamper, and all present voting in favor, the
meeting was adjourned until 11:30 A. M. on Friday, August 25, 1972.
Cit Clerk
INFORMATION 7/21/72
1. Minutes of the Standing Committees 8-14-72
2. Letter from Rochester Musicians Lssociation re: parking in MayocCivic Auditorium
lot (referred to City Administrator)
3. Letter from Elks Lodge No. 1091 re: reconsideration of ordinance concerning Club
Liquor Licenses (referred to Committee of the Whole)
4...The Public.Service Commission has amended its order of 8-17-70 concerning the
railroad crossing at 9th St. S.E. by providing for a slightly different
type of crossing signals. Originally they required 4 signals with
rotating stop signs and they are now requiring signals with flashing
lights only. The estimated cost of the signals is $19,800 with the City
share being $1,980.
5. The Public Service Commission will be holding a hearing 9-19-72 in the State Office
Building in St. Paul at 10:00 A. M. to consider the Greyhound, Jefferson,
Midwest Coaches, Northern Transportation.and Jack Rabbit Lines request
for a rate increase.
6. Referred to Planning and Zoning:
a. application for a variance at 1st Ave. and 6th St. N.W.(Joseph Angelici)
b. Petition to rezone a portion of the Baihly property in S. W. Rochester from R-1
to RIFF to R-4 and B-3
c. application for a variance at 205 loth St. S.E. (Helleck)
d. application for a variance at 620 2nd St. S.W. (Springer Realty Co.)
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