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HomeMy WebLinkAbout09-18-1972Record of Official Proceedings of the Common Council of the City of Rochester, Minn., September 18, 1972 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 September 18, 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, McNary, Powers, Strain. Absent: None. Hearing on petition to vacate the northerly 94.57 feet of the alley in Block 26, Original Plat (ParK Towers). A letter from C. A..Armstrong, City Engineer, stating as follows was read: Subject: Hearing on proposed vacating of the Northerly 94.57 feet of the Alley in'Block 26 Original Plat Park Towers). Gentlemen: As it has been removed by the several operating and utility departments, there are several utilities (electric, telephone, storm sewer) at present in -the portion of the alley to be vacated. These utilities must be relocated since the proposed building will occupy the alleyway. It will not be -sufficient just to retain a utility easement when the alley is vacated, a new easement must be dedicated and the utilities rebuilt. I request that although the request to vacate be approved, the actual resolution executing the vacating be deferred until the petitioners have completed arrangements with the several utility owners for the location and the costs of their reconstruction. Respectfully, /s C. A. Armstrong, City Engineer There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by Mayer, to proceed and the City Attorney was instructed to prepare a resolution vacating the northerly 94.57 feet of the alley; all voted in favor. The appointment by Mayor Day of Dr. Paul E. Zollman of 819 Memorial Parkway as a member of the Zoning Board of Appeals, term of office to expire September 1, 1975, was read. Upon motion by Strain, second by McNary, and all voting in favor, the appointment was approved. Upon motion by Kamper, second by McNary, and all voting in favor, a resolution was adopted referring the petition for improvements in 19th Avenue N. W. at 41st Street N. W. (Silver Acres) to the City Engineer and Public Works Committee. Recommendation of Airport Commission that the Common Council advertise for bids to provide and install intensity lighting cable at the Rochester Municipal Airport; the under- ground cable or wiring that distributes power for the runway lighting system has been found to be in extremely deteriorated condition; the estimated cost of this project is $15,000 and an informal committement from the State has been received for 50%. (1) Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopted ordering bids to be opened at 11:00 A. M. on September 29, 1972 to provide and install intensity lighting cable (2) Upon motion by Larson, second by Powers, and all voting in favor, a resolution was adopted authorizing the City Administrator to apply for state grant-in-aid funds (3) Upon motion by McNary, second by Powers, and all voting in favor, $7,500 was approriated from the General Fund Contingency to the Permanent Improvement Fund Airport Construction Account. Upon motion by Kamper, second by McNary,, and all voting in favor, the City 0 1 1 C] [I L� Record of Official Proceedings of the Common Council 393 , of the City of Rochester, Minn., September 18, 1972 1 1 1 is Attorney was instructed to prepare a resolution initiating condemnation proceedings for necessary right-of-way to construct a storm sewer in an area east of 18th Avenue N. W. and south of Cascade Street. Application of John Pervin for 3.2 on and off sale non -intoxicating malt liquoi license at 1325 Marion Road. Upon motion by Strain, second by Powers, and all voting in favor, the applications were referred to the Public Safety Committee for consideration, withi power to act. Request of Izaak Walton League to hold a bingo game at thier 30th Mulligan Stew Night. Upon motion by Mayer, second by Powers, and all voting in favor, the same was ordered placed on file. Report from City Attorney - the concessionaire at the Mayo Civic Auditorium has been issued a permit by the Minnesota Liquor Control Commissioner to serve set-ups at the auditorium; RCO 160.450 presently.provides.that no persons shall consume any intoxicating .liquor at any public place unless such place is licensed under the provisions of Chapter 160I since no license is issued under Chapter 160 for the serving of set-ups, it would be advisable to amend 160.450 to permit the consumption of intoxicating liquor at public places where a permit has been issued by the Liquor Control Commissioner for the serving of set-ups, Upon motion by Strain, second by Kamper, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance to amend RCO 160.450. Report from City Attorney - the current RCO Section 160.260 reads as follows: "No person under 21 years of age shall be cmployed in any rooms constituting the place in which intoxicating liquors are sold pursuant to an on -sale, off -sale or special Sunday, license"; the legislature has amended the state law so that it now reads: "No person under 21 years of age shall be cmployed in any rooms constituting the place in which intoxicating liquors are sold at retail on -sale, except that persons under 21 years of age may be employ as musicians or to perform the duties of a busbay or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on'sale ". Upon motion by Powers, second by Strain, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance. Recommendation of Committee of the Whole that an ordinance changing the City primary election from two weeks before the general or charter election to three weeks before] Upon motion by Kamper, second by Larson, and all voting in favor, the City Attorney was instructed to prepare the necessary ordinance. Upon motion by Powers, second by Kamper, and all voting in favor, a resolut was adopted amending the Parking ordinance as follows: Section I Zone A (12 Minute Parking) is amended by adding a new Paragraph (22) to read as follows:. "%22) Fourth Street Southwest on the south side of the street twenty feet more or less immediately east of the alley between First Avenue and Broadway." Upon motion by Larson, second by Mayer, and all voting in favor, the following is Record of Official Proceedings of the Common Council ! of the City of .Rochester, Minn., September 18, 19-7,2 1 license applications were approved and the -City Clerk was instructed to -issue -the licenses (1) cigarette license for Rogers Parkway -Grill at 309 3rd-Avenue S.E. (2) license to construct sidewalks, curb and gutter, etc. for Littrup Nielson, Inc. and (3) Warm Air Heating, Ventilating, Air. Conditioning Contractors license for Garfield Roadway. Upon motion by Larson; second by Mayer, and all voting in favor, the license bonds of Garfield Roadway in the amount Q,f $1,000 with Wisconsin Surety -Corporation as surety and Baker Sewer Construction in the'amount I of $1,000 with Travelers Indemnity Company as surety were approved. Upon motion by Larson, second by Powers, and all voting'in favor, two resolutions (1) resolution declaring cost to be assessed and ordering preparation of proposed assessment and (2) resolution ordering a hearing on the proposed assessment for each of the following projects were adopted: (a) Project"7104-1-71B (J-8397) Sanitary Sewer and Water main from T. H. 52 to Green Meadows 1st Subdivision (b) Project 6502-72 (J8428) Sanitary Sewer and Watermain extension in East Frontage Road T. H. 52 to serve Lot 18 Allendale Subdivision and-(c) Project 6704-72A (J 8411) Sanitary Sewer and Watermain and Storm Sewer in Apache Drive abutting Lots 1, 2 and 9, Block 2, Apache Mall Shopping Center Subdivision. Upon motion by Mayer, second by McNary, and all voting in favor, a resolution was adopted accepting the low bid of Adamson Motors in the amount of $14,247.00 for furnishing five patrol cars for use in the Police Department; it was further recommended that the City and the County try to get together to make purchases of automobiles and-vehic-les and also that specifications be written so that all companies could bid. A motion was made by Kamper, second by McNary, and passed lunanimously ,that the semi-monthly bills, list attached, in the amount of $82,725.51 be approved. Upon motion by Mayer, second by Strain, and all voting in favor, the request of Heritage Associates that the Council waive the plan check fees of $14.50 and building permits of $29.00 for the Whiting House be approved and the fees waived (Heritage Ass. to pay State surcharge). Upon motion by McNary, second by Larson, and all voting in favor, a resolution was adopted authorizing'and directing the Mayor and City Clerk to execute, on behalf of the City of Rochester, the proposal of Kirkham, Michael & Associates to prepare plans for local improvements in Valhalla 3rd Subdivision for Metro Corporation. Request of the Board of Park Commissioners for the following: 1. Place the $1,150,000 bond issue for the "All Encompassing Facility" investment proposal on the ballot for the November 7th election. 2. Designate the City of Rochester owned land east of the Dog Pound as the site for the Community Center in the event that the "All Encompassing Facility" investment proposal is accepted by the voters -in the November election. Action on this matter was deferred until the -next Council meeting to allow the Council members to further study the questions. 0 1 1 • 0 Record of Official Proceedings of the Common Council 39.5 of the City of Rochester, Minn., September 18, 1972 1 • 1 1 is J Recommendation of Planning Department that the request for approval of a metes and bounds conveyance of unplatted land at 2110 20th Street N. W: be approved subject to (1) the utility companies would like a 10 ft utility easement Sft on either side of the proposed southerly property line and (2) the northerly 33 ft of this property should be dedicated to the city for public street. Mr. Harold Krieger representing the petitioner) was present and stated that they would be willing to give the necessary easements and dedications. Upon motion by Larson, second by Mayer, and all voting in favor, a resolution was adopted approving the conveyance of land by metes and bounds at 2110 20th St. N. W. subject to conditions listed. Resolution authorizing City Administrator to apply for grant for assistance in Mobile Communications Equipment under Governor's Commission on Crime Prevention and Control. Upon motion by McNary, second by Strain, and all voting in favor, resolution adopted. Resolution authorizing the Utility Board to purchase the utility line serving the former People's Coop. Power Association. Upon motion by Larson, second by Powers, and all voting in favor, resolution adopted. An Ordinance relating to the Municipal Primary Election date in the City of Rochester, amending Rochester Code of Ordinances, Section 33.020 (Primary election to be held three weeks before regular municipal or charter election) was given its first reading. A motion was made by Larson, second by Kamper, that the rules be suspended and the ordinance be given its second reading and upon roll call Alderman Mayer voted "nay". Upon motion by Powers, second by Kamper, and all voting in favor, the followi resolution was adopted: "BE IT RESOLVED by the Common Council of the City of Rochester, that the request for amendments to•the Minnesota Building Code prepared by Fire Chief Orville M. Mertz, a copy which isattached as Exhibit A pertaining to Sections 1602 (c), 1603 (c), 3802 (b), 3802 (b)6, 3802 (b) 8, and 3802 (b) 9 of the Minnesota Building Code, which amendments would apply only to the City of Rochester and would require the sprinkling of certain buildings in their entirety, is hereby approved and the Fire Chief is authorized and directed to submit said request for amendments to the Minnesota Building Code Division of the Department of Administration on behalf of the City of Rochester." Miss Nellie Lindblad of 603 1st Street S. W. was again present in regard to t traffic and lighting on the corner of 6th Avenue and 1st Street S. W. Mr. Dolan_'s some of her questions on traffic and said he had not had a chance to check the lighting situation as yet. Mr. Robert Zachray, President of Rochester Chapter of NAACP was present and inquired as to the status of the liquor licenses held by the clubs that have "white only'i clause in their charters. President Postier reported that the City had adopted an ordin- ance which requires fraternal organizations that hold city liquor licenses to present proof that the "white only" clause had been removed from their charter or efforts had been made to do so and if this was not complied with the license would automatically be revoked on October 1st; he said the Eagles Club had complied, the Elks Club had complied with provisions allowing it to retain their license until March 1 and the Moose Club is Record of. Official Proceedings of the Common Council of the City of Rochester, Minn., September 18, 1972 S had not been heard from. Upon.motion by Larson, second by McNary, and all voting in favor, the meeting was adjourned. CiAr Clerk Information 9/18/72 1. Standing Committee Minutes 9-11-72 , 2. Decision of Zoning Board of Appeals (SE corner of 4th St. and 1st Ave. S.W.) 3._ Letter from Air-O-Coach to Minnesota P.C.A. re.Sewage disposal 4. Letter from Silver Enterprises re assessments for improvements in 19th Avenue N.W. 5. Referred to Planning and Zoning: a. application for a height variance on Lot 1, Block 2, Green Meadows 1st Subdivision for proposed Hilton Inn - G. Baihly , b. application for a conveyance by metes and bounds at 2110 20th St. N.W. Rochester Materials Co. (Tom Ostien) ,