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HomeMy WebLinkAbout09-07-1972Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September, 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 September- 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 meetings of August 7th, 21st and 25th, 1972 _were approved with the addition to the minutes of ,August 21st as follows: on page 1, line 13, add.to approval of vacating the dul-de-sac at the end of 15� Street N. W. in Wilson.Hills Subdivision "that the City retain the suitable utility easements". A letter from the Fire Civil Service Commission that they had received and approved the retirement resignation from Firefighter. Robert F. Laack and request that one of the follow- ing men standing highest on the entrance eligibility roster be appointed as Firefighter (1) Gary J. Smith (2) Richard L. Streiff and (3). John D. Bass. Upon motion by Strain, se'cond.by Larson, and all voting in favor, the resignation.of Robert.Laack as Firefighter was accepted: Upon motion by McNary., second by Powers, and all voting in favor, Gary J. Smith was appointed as Firefighter. (Both resignation and -appointment effective September-8,:1972). . Upon motion.by Mayer, second by Strain, and all voting in favor, the application of the Rochester Police Benevolent Association for a permit for the Annual Policemen's.Ball in,the Mayo Civic.Auditorium arena on September 29, 1972, was approved. Request from the Student Council of John Marshall High School for (1) permission to set off a rocket every time the Rockets.score at home:football games beginning September 8, 1972 and (2) students be allowed to dump float ,remains at the city dump without charge on October.6 and 7 after their annual homecoming.. Upon motion_by Kamper, second by Powers, and all voting in favor the request to fire rockets at home football games was approved subject to any precautions or guidelines that the Rochester Fire Department.may require and disposal of float remains at the city landfill:without charge was approved. Upon motion by Mayer,.second.by Strain, and all voting in favor, the transfer of non-intoxicing.3.2 on and off sale beer license from Donald A.:Ramthum to William'L. Strouckel for Beltline Tavern at, 306 12th Street.S. E. was approved. Upon motion by Kamper, second by McNary, and -all voting in favor, .the City Attorney .was instructed to prepare a resolutio.w-authorizing the City Administrator to _file a joint City=County Federal Aid application for mobile communications equipment to be used in conjunction with the base equipment to be purchased with the discretionary grant of.$91,048 already received. Mr. Wallace Brunswold was present of Radar of Olmsted County, Inc. was.present and said Radar had make application to the federal government for additional federal aid to continue operation of the comprehensive community drug abuse program and this application had been approved,but in the meantime they did not have funds and he requested the Council to temporarily transfer $10,000 from the General Fund to be disbursed by Radar pending the 1 • 1 1 10 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7. 1972 387 receipt of additional federal funds. Upon motion by Larson, second by Mayer, and all voting in favor,the request was granted and the City Attorney was instructed to prepare the necessary I resolution. +' Upon motion by Strain, second by Kamper, and all voting in favor, the following applications'forllicenses i! were approved and the City Clerk was instructed to issue same (1) application of Lysne Construction Company for a permit to move a lk story house from I 103 9-12- St. ji S. E. to out of the City (2) application of William Stroucel for a cigarette license at 306 Is 1 1 C� I 12th Street S. E. (3) application of George Michel for Master Installer license and (4) application of C & R Heating & Service Company for Contractors License. Upon motion by Strain, second by Kamper, and all voting in favor, the license bond of C & R Heating and Service Company in the amount of $5,000 with Aetna Casualty and Surety Company as surety was approved. Upon motion by Strain, second by Powers, and all voting in favor, the applica- tion of Donald D. Jacobson, Happy Warrior.x'at 323 First Avenue S. W. for Sunday Liquor License was referred to the Public Safety Committee and the City Attorney. Tabulation of Bids for grading and base construction of Interior Road at Landfill in East � SEk in Section 28, Oronoco Township. Bids were received from Sullivan . Construction Company $20,950.00; Rietman Contracting Company $19,850.00; Leon Joyce Construct! Company $15,134.00 and Riverside Sand & Gravel Company $17,900.00. Upon motion by Larson, second by McNary, and all voting in favor, a resolution was adopted accepting the low bid of Leon Joyce Construction Company in the amount of $15,134.00. Tabulation of bids for Improvements on 1st Avenue Southeast from 9th to 9k Street Southeast. Bids were received from Riverside Sand & Gravel $30,395.40; Rochester Sand & Gravel $32,372.70; Floyd Larson Construction.Comp any $27,304.05; Fraser Company, Inc. $28,892.10 and Littrup Nielson, Inc. $29,026.55. Upon motion by Kamper, second by Strain, and all voting in favor, theybids were tabled until obtaining right-of-way is completed. Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopted approving and accepting assignment of additional securities in the amount of $300,000.00 in collateral in lieu of depository bond from Olmsted County Bank and Trust Company. Request from Fire Department for authorizing a letter petitioning the Minne State Building Code Standards Committee for special legislation to allow the City of Rochest to retain its present fire safety requirements as they relate to the sprinkling of buildings;' this would be a continuation of Section 3802, Chapter 38, of the 1970 Edition of the Uniform Building Code. Upon motion by Powers, second by Kamper, and all voting in favor, the request was approved and the City Attorney was instructed to prepare the necessary resolution. Recommendation of Planning and Zoning Commission that the petition to vacate the northerly 94.57 feet of the alley in Block 26, Original Plat be granted approval subject to the City of Rochester retaining a utility easement on that portion of the alley that will not be built upon. Upon motion by Larson, second by Strain, and all voting in favor, the �388 Record of Official Proceedings of ' the Common Council of the City of Rochester, Minn., September 7, 1972 M1 recommendation was accepted and the City Attorney was instructed to prepare a -resolution ordering a hearing on the proposed vacations Recommendation of Planning and Zoning Commission re petition to annex Lot 6, Block 15, Golden Hill Addition. This -property is adjacent to the city limits and municipal water service is located in lst Avenue Southwest to serve this property and there are existing or potential water contamination problems in this area and connection to municipal services would abate these problems; in order to create a more meaningful city limits in this area they feel that other lands adjoining should be included, -these lands can -also be served by municipal water service in 1st Avenue-S. W.-and sanitary sewer can be readily extended to serve the area, these lands are 60% or more surrounded by the City of Rochester; based on the above considerations, they recommend that the petition to annex the N� of the S /3 of Lot 6, Block 15, Golden Hill Addition be approved and that the Council also indicate to the Minnesota Municipal Commission that the City of Rochester would be agreeable to have Lots 10, 11, 12, Block 9, Lot' 5 and the Sk of the S 2/3 of Lot 6, Block 15 and -Lot 5, Block-21, Golden Hill Addition be annexed to the City. The Minnesota Municipal Commission has the authority to enlarge an area proposed for annexation and it would seem timely to make such a request in this case, the Commission will be holding a hearing on September 14, 1972 to consider this annexation. A motion was made by Mayer, second by Powers to carry on with the recommendation, all voting "nay"; the motion was declared lost. A motion,was then made by Larson, second by Strain, that this be tabled; all -voted in favor. Upon motion by Larson, second by Strain, and all voting in favor, a resolution was adopted authorizing the City Clerk to advertise for bids for furnishing five 4-door sedans for the Police Department. Request of Upper Midwest Kidney Foundation Candy Sales for a permit to have booths at (1) Olmsted Bank'Building 2nd St. S.E. and Broadway (2) Daytons, 2nd Street S.W. and Broadway and (3) First National Bank Building at 2nd Street S.W. and 1st Avenue for their Halloween Candy Sales Project in Rochester on October 7, 1972:The-'question was raised as to whether or not this organization was included in the United Fund. Upon motion by Mayer, second by Larson, and all voting in favor, the request was tabled and Mr. Andm-was to check if they were included in United Fund. Recommendation of Committee of the Whole that the County Board of Commissioners be requested to adopt the following policy in regard to a county levy for library purposes: The County Board shall each year levy a tax on all areas of the county as permitted by law (xcept Stewartville, Chatfield and Rochester) a percentage of the Rochester -Olmsted current operating library budget, and such percentage shall be equal to the percentage of count library registrants (excluding Stewartville; Chatfield and Rochester). On August 1st of each year the Librarian shall submit to the County Board a report of registration statistics for the most current year. Upon motion by Strain, second by Powers, and all voting in favor, the recommendation was approved. Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopted accepting the low bid of Floyd Larson Construction Company in the amount of 1 E 1 1 0 is Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7. 1972 1 Is 1 I I $51,530.00 for Elevated Water Tank and Trunk Mains for High Level District of N. W. Service Area in South � of SWk NW'k Section 26-107-14 (Job 6901 - Part II). Upon motion by Strain, second by Powers, and all voting in favor, a resolution' was adopted accepting the bid of Chicago Bridge & Iron Company in.the amount of $106,700.00 for Elevated Water Storage Tank and Booster Station for N. W. Area High Level Service (Project 6901 - Part III) . Upon motion by Larson, second by Mayer, and all voting in favor, the recommendation of the Planning and Zoning Commission re the petition to annex Lot 6, Block 15, Golden Hill Addition was removed from the table. Mr. Harold Geerdes was present in behalf of his parents who live at 1909 First Avenue S. E. and several of the other neighbors and said they did not'wish to be annexed at this time, they had good cess pools and did not feel they could afford the expense 6f sewer and water, he suggested that this be field up until the whole area is considered and then at that time Federal Funds be applied for. Mr. Franklin Michaels, representing the Rochester Town Board; was also present and said they had objected because they also felt the whole area should be considered. After hearing those present a motion was made by Mayer, second by Larson; that the City Attorney request the Minnesota Municipal Commission for an extension'of time on the hearing -of at least 90 days or more if possible; all voted in favor. Upon motion by Kamper, second by Strain, the meeting was recessed at 3:45 P.M. all voted in favor. The meeting was called to order again at 4:00 P. M. with all members present. Resolution vacatirig and abandoning the public easement under and along 5th Street Southeast from the West line of First Avenue Southeast West a distance of 100 feet. Uponl motion by Strain, second by Powers, and all voting in favor, resolution adopted. Resolution approving license agreement between the City and Heritage Associat Inc. which authorized the location of the Whiting House.on Central Park and authorizing and directing the Mayor and City Clerk to sign said agreement on behalf of the City. Upon motion byl Kamper, second by Mayer, and all voting in favor, resolution adopted. Resolution approving the agreement between the City of Rochester and the Rochester Chamber of Commerce pertaining to the use of tokens in city parking meters and authorizing and directing the Mayor and City Clerk to sign the said agreement on behalf of the City. Upon motion by Larson, second by Powers, and all voting in favor, resolution adopted. Resolution approving highway easement whereby the City of Rochester conveys and easement to the County of Olmsted for highway purposes across the south end of the Oronoco land fill site and authorizing the Mayor and City Clerk to sign said easement on behalf of the City. Upon motion by Strain, second by Kamper, and all voting in favor, resolution adopted. Resolution designating the following street construction projects planned for construction in 1973 as "High Priority TOPICS Projects and requesting the Minnesota Highway r,390 Record of Official Proceedings of the Common Council of the City of Rochester,. Minn., September 7, 1972 , Department-to•participate in the construction costs of the above projects and prepare•the plans and specifications for widening of Broadway and the installation of new traffic signal system as described in items 1 and 3: 1. Widen 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 left turn lane. 3. Install a new traffic signal system. Upon motion by Powers, second by Mayer, and all voting in favor except Alderman Strain who voted "nay", resolution adopted. An Ordinance relating to the regulation and control of dogs, cats and other animals; providing for licensing, registration, impounding and disposal; imposing penalties for violations; amending Rochester Code of Ordinance, Section 170.010 through 170.190 and repealing Sections 170.200 and 171.010, was given its second reading. A motion was made by McNary, second by Larson, 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 the regulation and registration of persons selling service or merchandise from Race to place and providing penalties for violations thereof; amending Rochester Code of Ordinances, Section 187.010 through 187.150, and repealing Sections 187.160 through 187.190, 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 ordinance duly passed and adopted. An Ordinance relating to disorderly conduct; imposing penalties for the violation thereof; amending Rochester.Code of Ordinances, Section 201.030, was given its second reading. A motion was made by Strain, second by Mayer, that the said ordinance be adopted as read, and all voting in favor, President Postier declared the ordinance duly passed and adopted. A motion was made by Kamper, second by Larson, and passed unanimously that the semi-monthly bills, list attached, in the amount of $190,942.63 be approved. Upon motion by Larson, second by Kamper, and all voting in favor, the meeting' was adjourned until 7:30 o'clock P. M. The meeting was called 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 petition to change the zoning districting on property located in Section 12, Rochester Township from the R-1 and R-lFF Districts to the R-4 and B-3 Districts. Mr. George Baihly, the petitioner was present to answer any questions if there were any. There was no one else present wishing to be heard. President Postier declared the hearing officially •closed. Upon motion by Larson, second by Mayer, and all voting in favor, the recommendation of the Planning & Zoning Commission that the petition be approved was accepted and the City Attorney was instructed to prepare an ordinance making the requested zone change. Hearing on petition to change -the zoning districting on property located at the Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 7, 1972 39 a 0 1 • • Southeast corner of U. S. T. H. 52 and 14th Street N. W. from the R-3 to the B-lb District. A letter signed by Robert.Conway withdrawing the application for a zone change on this property i and a letter signed by John M. Reed, Manager of Sandy's agreeing with the withdrawal, were each j read. No fur.ther action was taken by the Council. I Hearing on sanitary sewer to serve DeWitts-Subdivision. Mr. Kenneth McElroy j of 2050 15th Street S. E. was present and inquired when the project would be complaed and he t� was told probably not until next.year. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Mayer, second by Powers, and all voting in favor, a resolution was adopted ordering the improvement to be made and designating the City Engineer as.engineer. (Project 7002-1-72 Dept. 8405). Hearing on sanitary sewer and watermain in 6th Avenue S. W. in Maple Lane Subdivision (Job 6306-3-71 Dept. 8390). There was no one present wishing to be heard. ,i President Postier declared the hearing officially closed.• Upon motion by Strain, second by i Powers, and all voting in favor, a resolution was adopted ordering the improvement to be made and designating the City Engineer as engineer. it ;I Upon motion by Strain, second by Mayer, and all voting in favor, the request for sidewalk sale by Midwest Kidney Foundation was•removed from the table. Mr. J. Andre, City!; Administrator, reported that upon checking Mr. Toni Edwards, Co -Chairman for the Upper Midwesti; Kindney Foundation Candy Sales, had indicated that they have not made application to the Unit Fund. A motion was then made by Powers, second by McNary, that their request be approved and a letter be sent to them encouraging them -to join the United Fund in the future; all voted in favor. Resolution transferring funds - temporarily from the General Fund to the Radar Trust Fund to finance the Drug Abuse Program. Upon motion by Kamper, second by Larson, and • all voting in favor, resolution adopted. Resolution approving supplemental agreement on contract between City and Dairyland Power Cooperative. • Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. Upon motion by Powers, second by Mayer, and -all voting in favor, the meeting was adjourned until 7:30-o'clock P. M. on September 18, 1972. Crlerk INFORMATION 9-7-72 1. Minutes of Standing Committees 8/28/72 2. Letter from Sheroc Corp. re: lease of Norton Hotel Parking Lot (referred to Traffic Engineer, Committee of the Whole) 3. Letter from C & N W RR re plllution control efforts at Rochester Engine. - House'facility 4. Notice of Claim of Damages - marilyn & Genevieve Dicke of 1420 3rd Avenue S.W. )referred to Attorney, Insurance, Engineer) 5. Referred to Planning & Zoning: a. petition to vacate east -west alley in Block 17, Original Plat (Mayo Foundation) b. application for metes and bounds conveyance on N'-of Lot 2, Maple Lane Subidiv. (Marvin Teske c. application for a variance at S.E. corner of 1st Avenue and 4th Street S. W. (Rochester 1st National Bank)