HomeMy WebLinkAbout10-02-1972Record of Official Proceedings of the Common. Council
of the City of Rochester, Minn., October 2, 1972
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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 October 2, 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 Kamper, second by Powers, and all voting in favor, the minutes
of the meetings of September 7th and September 18th, 1972 were approved with the following
addition: On Page 1, Line 27 of the September 7, 1972 minutes there be added
"that permission to use the landfill without charge for disposal
of floats. also be granted to Mayo High School and Lourdes High
School".
Request of Donald Jacobson, owner of the Happy Warrior, for a Sunday Liquor
License; the City Ordinance requires that the requirements fora Sunday liquor license be
the same as a regular on -sale license for a restaurant and it was felt these requirements
were not met. A•motion was made by McNary, second by Strain, that the application be deniec
all voted in favor.
The Charter Commission of the City of •Rochester has adopted a resolution
proposing the following amendment to the City Charter: "That Section 103.5 of the Charter
of the City of Rochester be repealed in its entirety", this proposed charter amendment
would repeal the provisions requiring that no public re -development projects shall be
undertaken without being submitted to a vote of the qualified voters of the municipality.
Mr. Gerald Swanson, City Attorney, reported that the Council has the option of putting this
on the ballot on November 7, 1972 or on the ballot for the general election in March, 1973
but it has to be submitted to the voters at a general election within 6 months after the
proposal is submitted, or the Council can call a special election prior to that time. A l
motion was made by Strain, second by Kamper, that this amendment be put on the March 13, i
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1973 ballot; all voted in favor.
Upon motion by Larson, second by Powers, and all voting in favor, a resolution;
was adopted ordering a public hearing and directing preparation of plans and specifications
for sewer and water improvements to Lot 24, Allendale Subdivision which would be an extens
of the existing system, sanitary sewer and watermain in 31st Place N.W., abutting Lots 23
and 24 between T. H. 52 and 20th Avenue N. W. in Allendale Subdivision.
Upon motion by Strain, second by Larson, and all voting in favor, two
resolutions were adopted (a) resolution declaring cost to.be assessed and ordering prepara-
tion of proposed assessment and (b) resolution ordering a hearing on the proposed assessmen
for watermain extension along the East Side of T. H. 52 from 41st Street N. W. to
Pennington Business Park (Job 7106-Dept. 8409).
Recommendations of Traffic Engineer (1) that a truck loading zone be
established on the east side of Broadway in the first space north of 2nd Street and the 12 !`
minute meter be moved one space north and (2) that the time period of the existing truck I
loading zone on 1st Avenue S. W. be extended from 5 P.M. to .9 P. M.
Upon motion by Larson,
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Record of Official Proceedings of the Common Council
of the City of .Rochester, Minn., October 2, 1972
second by Mayer,and all voting in favor, a resolution amending the parking and traffic
resolution as follows, -was adopted:
(1).Section D, Truck Loading Zone is hereby amended by adding
paragraph (2.1) to read as follows:
"(2.1) South Broadway on the east side of the street immediately
north of Second Street Southeast in front of the premises known
as 124 South Broadway."
(2) Section D, Truck Loading Zones, Paragraph 16, is amended in its
entirety to read as follows:
"(16) First Avenue Southwest on the west side of the street eighty
feet more or less in front of the public entrance to the Kahler
Center Building between the hours of 6:00 P.M. and 9:00 P.M. on
Monday through Saturday."
Upon motion by Powers, second by Strain, and all voting in favor, a resolution
approving and
was adopted/authorizing and directing the Mayor and City Clerk to sign an agreement on behalf
!' of the City of Rochester, the agreement between the City of Rochester and the International
ii Union of Operating Engineers, Local 34 pertaining to the terms and conditions of employment
,i of city employees employed in the Wastewater Treatment Plant (except the superintendent,
chief operators and clerical Personnel thereof) for the calendar year 1973 and subject to
extension from year to year thereafter. (The changes in the contract from the past contract
are (1) a 5% general wage increase (2) injury -on -duty pay for 60 days, it has been 30 (3) City '
to pay 80% of the dependent hospitalization premium, we have been paying 65% and (4) Assistant
Operator I's were given an extra 10,,, per hour).
Recommendation of City Planning and Zoning Commission that the preliminary plat
of Pennington Second Subdivision. Upon motion by Larson, second by Strain, and all voting in
favor, the recommendation was accepted and the preliminary plat was granted approval.
Recommendation of City Planning and Zoning Commission that the planned Unit
Development (concept statement) known as Rochester Villas be approved, the petitioner has
agreed to provide right-of-way for 16th Street S. E. it it is required in this location; the
Commission recommended that a decision be made shortly as to the exact location of 16th Street
extended through this area. Upon motion by Strain, second by Powers, and all voting in favor,
this matter was referred to the Public Works Committee for their next meeting and they consider
getting 16th Street S. E. established.
Recommendation of City Planning and Zoning Commission that the preliminary plan
for a Planned Unit Development to be known as,Town and Campus Second be approved. C. A. Armstrong,
City Engineer, questioned (1) whether or not they were going to subdivide this further as it is
developed, as of now it is one big lot and he thought it could be subdivided now (2) what is l
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their intention in respect• to sanitary sewer and (3) what easements should be obtained for
!; utilities, etc. Upon motion by Strain, second by Kamper, and all voting in favor, the
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preliminary plan was approved.
Recommendation of City Planning and Zoning Commission that the preliminary plat of
Summit Square Second be granted approval subject to the condition "that the applicant should
1' agree in writing to maintain all sewer and water lines within this plat, except for the 8�,
watermain which will be maintained by the city, the applicant should agree to include on the
deeds for properties in Block 6 the following statement - 'the city will not be held liable for
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 2. 1972
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any damages that might occur in the maintenance of the watermain, since there are carports
constructed over their main"'. Upon motion by Powers, second by Strain, and all voting in
favor,the preliminary plat of Summit Square Second was approved subject to the above
conditions.- (Mr. Harland Walker stated that the petitioners had submitted a letter as
requested, Mr. Swanson, the City Attorney, said that this letter was sufficient for now but
before the final plat is approved there should be a document recorded of record stating that
the owners of these lots will hold the City harmless).
Recommendation of City Planning and Zoning Commission that the application for
approval of a planned unit development (concept statement) known as the Di -Con Project be
granted approval, the same complies with the standards of Article 64.301 of the ZoningCode
and the petitioner has agreed'to provide a vehicular circulation pattern for public use. A
motion was made by Mayer, second by McNary, that the application be granted approval and the
City Attorney be instructed to prepare the necessary resolution. Alderman Kamper said therei
has been some discussion concerning the park land for making this park somewhat larger to.
better locate the need for moving the hockey rink from Sunset Terrace School, she said she
felt this was a mistake but guess it had to be, and requested that some negotiations be made
to try and get some dedication. Upon motion by Larson, second by Strain, and all voting in
favor, this matter was tabled for two weeks to allow time to investigate the park situation.
Recommendation of City Planning and Zoning Commission that the preliminary plat
of Green Meadows Second by granted approval. Upon motion by Larson, second by Kamper, and
all voting in favor, the recommendation was accepted and the preliminary plat granted
/ approval.
Recommendation of City Planning and Zoning Commission that the petition to
vacate the westerly 124.58 feet of the East: -West alley in Block 17, Original Plat (Mayo
Clinic) be granted approval. Upon motion by Larson, second by Kamper, and all voting in
favor the recommendation was accepted and a resolution ordering a public hearing on the
vacation of the westerly 124,58 feet of the East-West Alley in Vlock 17,_Original Plat was
adopted.
Upon motion by Larson, second by Powers, and all voting in favor, a resolution
was adopted ordering a hearing for sewer and watermain in 19th Avenue and 31st Street N. W. I'
in Allendale Subdivision (Project 6502-71). A hearing had been held on this previously but
the amount of time had elapsed to proceed with the work.
Feasibility report and recommendation on local improvement petition in 19th
Avenue Northwest in 2nd Resubdivision of Silver Acres. The improvements are feasible, but
the Public Works Committee recommends that it be financed by the owner rather than with
public funds. Upon motion by Powers, second by Strain, -and all voting in favor, the
recommendation was accepted, the petition for an assessment project was disapproved and the
petitioner was to be informed that the local improvements can be contracted to be done at
the owners expense following the normal processing of General Development Plan and
Construction Plans.
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Record of Official Proceedings of the Common Council
of the. City of _Rochester, Minn., October 2, 1972
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Refuse Haulers Rate Increase Request and Landfill Charges. The following
recommendations of the Committee of the Whole were presented:
1. That the refuse haulers be granted $.25 per residential customer
per month to cover the increased cost of traveling to the new landfill
site and $.30 per residential customer per month to reflect the increased
cost of doing business for a grand total of $3.35 per residential customer
per month. These rates are for twice a week pickup of 2 cans. The
charges for any additional cans should remain the same as present ($.50
per can). The increase would cost each residential customer $6.60 per
year additional.
2. That all refuse to be placed on the outside of houses orgarages on
the day of pickup with the exception of the elderly or disabled.
3. That the refuse haulers provide the City with financial records
that allow the Council to make a determination of the actual operating
expenses involved in the refuse collection.
4. Before any future rate request will be granted, the refuse haulers
should come forth with a proposed plan for the sectioning of the City for
refuse collection purposes.
Day said he had met with the haulers and they were concerned with # 4 above that they
ould never have a rate increase unless they had sectioning of the City and he recommended
hat the rate increase be made from $3.35 to $3.50 per month. Mr. Rick Towey, Attorney
epresenting the haulers said they were not happy with the rate increase, the recommended
3.50 was more acceptable than the $3.35 but they still felt they should get the $3.60 that they
ad asked for; he also requested that item #4 be deleted, he said they were not closing the door
n sectioning but did not feel any future rate increase should hinge on this; he also stated
hat the haulers nad not requested an increase of 80C per month and then cut back service to
nce a week as was reported. Mr. Jim Watson spoke in behalf of the haulers and spoke in
pposition to sectioning. After a lengthy discussion, a motion was made by Mayer, second by
chary, approving the four items listed above but changing the rate to $3.50 per month
nstead of $3.35 and instructing the City Attorney to prepare the necessary ordinance; all
oted in favor.
Resolution approving the Memorandum of Agreement between the Rochester Art
nter and the City of Rochester dated September 19, 1972, which provides that the City of
chester will manage, maintain and repair the Plummer Home of the Arts subject to the Rochester
t Center's retention of primary control over use of the buildings and authorizing the Mayor and
ty Clerk to sign the said Memorandum of Agreement on behalf of the City. Upon motion by
mper, second by Larson, and all voting in favor, resolution adopted.
Resolution approving public street easement across a portion of Lot 16,
lock 1, Sunnyside Addition granted to the City of Rochester by Elizabeth G. Lowery and The
irst National Bank of Minneapolis. Upon motion by Larson, second by Kamper, and all voting in
, resolution adopted.
Resolution authorizing the Public Utility Board of the City of Rochester to
ter into a contract with Pfeifer and Shultz, Inc., Engineers for furnishing engineering
s and authorizing the Mayor and City Clerk to execute the contract documents. Upon motion
Larson, second by Powers, and all voting in favor, resolution adopted.
Resolution authorizing the Public Utility Board to enter into. purchase order
tract with Crescent Electric Supply Company for furnishing Hi and Low Voltage Budings for
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., October 2, 1972
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Substations ($15,757.00). Upon motion by Larson, second by.McNary, and all voting in favor,
resolution adopted.
An Ordinance relating to the.Consumption of Intoxicating Liquor in a Public
Place;.amending Rochester Code of Ordinances, Section 160.450, was given its first reading.
An Ordinance relating to the.Emgloyment of.Minors where Intoxicating Liquors
are sold;_amending Rochester Code of Ordinances, Section 160.260, was,given its first reading.
. Resolution that the proposed amendment to the City Charter which reads as
follows "That Section 103.5 of the Charter of the,City of Rochester be repealed in its entirety
be submitted to the qualified voters of the City of Rochester for their adoption or rejection
at the general Charter Election to be held on Tuesday, March 13, 1973. Upon motion by Kamper,
second by Powers, and all voting in favor, resolution adopted.'
Resolution approving a resolution adopted by the Public.Utility Bbard to enter
into contract with Pfeifer and Shultz, Inc. Engineers for furnishing engineering services
pursuant to the installation of two gas turbines. Upon motion.by Larson, second by Powers,
and all voting in favor, resolution adopted.
A motion was made by Kamper, second by McNary, and passed unanimously; that t
semi monthly bills, list attached, in the amount of $226,849.38 be approved.
Upon motion by Kamper, second..by.Larson, and all voting in favor, the meeting
was adjourned until 7:30 O'clock P.
The meeting was called torsorder again at.7:30 o'clock P. M., with the followi
members being present: President Postier, Aldermen Kamper,. Larson, Mayer, McNary, Powers,
Strain. Absent: None.
Hearing:on amendment.to City's Land -Use Plan - Northwest General Development
Plan (a proposed land use plan for 3,800 acres northwest of the city , generally north of
37th Street N. W. to the north of 55th Street N.M. from .the Zumbro River to the west and
includes future land use and transportation routes),. The Planning and Zoning Commission
recommended approval of the Alternate Plan No._ 1 as amended including the reports, Part I:
Survey and Analysis; Part:II: Policies, Standards, Concepts and Part III:. Land -Use, Transport-
ation, Mr. Louis Ohly, Attorney was present representing a group of residents in this area,
generally along Hongen Subdivision, he said they were not in opposition to the plan itself,
because they felt it is one of the best worked plans - in general it is -an excellent plan, they
are not opposed to the plan in general; he presented an alternate concept for the Common Council
to consider; he,said the people he represented are not opposed to.progress, they are not opposed
to industrialization and the arenot o .. y. .pposed to order annexation in any manner but the problem
that is created for them if this plan is adopted in its present form is that there is a total
disregard of their rights as human beings and as property owners. After further discussion a j
motion was made by Powers, second by_ Kamper, that this hearing be continued until 7:30 o'clock
P. M. on November 6, 1972; all voted in favor.
Hearing on petition to vacate the utility easement along the rear lot lines of
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Record of Official Proceedings of the 'Common Council
of. the City of. Rochester, Minn., October 2, 1972
Lots 2-16 of Block 3 Northgate Third Addition less the northerly 5.0•feet of said Lot 2.- The
recommendation of the Planning and Zoning Commission was that this easement is not needed to
serve planned development -on this block, the utility companies have other right -of -.ways
available to provide utility service to this area and they recommend that the petition be
granted approval subject to the City retaining the utility easement adjoining Lots 1 and 10,
=Block 3 and the North 5.0 feet of the utility.easement adjoining Lots 2 and 11, Block 3,
Northgate Third Addition. The matter of an unpaid bill for engineering services in the amount
of $1,539.00 which had been outstanding since 1965 and that at that -time had -been billed to
Hutchinson & Sauer, Inc. was discussed. There was no one present wishing to be heard. •
President Postier declared the hearing officially closed. A motion was made by Strain,
second by Kamper, that the recommendation of the Planning & Zoning Commission be accepted and
the City Attorney be instructed to prepare a resolution vacating the said easement, subject
to payment of the outstanding bill in the amount of $1,539.00; all voted in favor.
Tabulation of bids for Airport Intensity Lighting System - Bids were received
from Premier Electric Construction Company of Minneapolis in the amount of $14,990.10, H & H
Electric Company in the amount of $6,801.00 and Neitz Electric Company in the amount of
$14,420.00. Upon motion by Larson, second by McNary, and all voting in favor, a resolution
was adopted accepting the low bid of H & H Electric Company.
Mr. Howard E. Wagner of 1002 13th Avenue N. W. was present and read the following
petition which was signed by 125 residents in this area:
"We the undersigned, petition to the above governing bodies (Rochester Board of
Education and Rochester City Council) for corrective action in the matter of
speeding and reckless driving by John Marshall High School students during
school days.
As taxpayers and concerned citizens of Northwest Rochester (13th Ave.NW,
12th Ave. NW, llth St. NW, 10th St. NW and 9th St. NW) we request that one
or all of ,the following be implements immediately before someone is killed
or maimed for life:
1) If students must drive to school, they should not be allowed -to -take cars
out of the lot unitl leaving school for the day. (Police should be in the
area between 7:30 and 8:10 A-.M. and 2:30 and 3:30 P.M.)
2) Close the east gate of JM lot. Open it only for athletic events as was
originally planned. (An explanation for the money spent on that gate would
be appreciated).
3) Post a 15-20-25 mph zone in the area and enforce it! There are two
elementary schools in the area, St. Pius and Washington, as well as many •
pre-school children. '
We have repeatedly tried to get some corrective action from John Marshall
Administration and the Police Department to no avail. We have been told to
take down license numbers which is impossible when a car or motorcycle is
going 50-60 mph. We were also told by -the JM Administration -that it is
difficult to control 1800 students ----why then are they given the privilege
of an 'Open Lunch Program"???? By the looks of the garbage laying all over,
and the kids roaming around (other than at Noon), we wonder how much time
the sutdents spend in school and how -the JM Administration could have any
control over these students :;
We would greatly appreciate your prompt attention in controlling a most
serious problem."
Mr. Wagner was present and repeated the requests in the above petition. President Postier
noted that the Board of Education has jurisdiction over items #1 and #2 and the speed zones
were set.,by the State so the Council had no authority over these. Captain Dean Lent of the
Rochester Police Department said there was a problem in this area, the highest speed recorded
by radar was 52 miles per hour and there were many problems with loud muffler and squaling
tires. Mayor Day said this same problem had existed for 7 or 8 years, at the time the school •
Record of Official Proceedings of the Common. 'Council
of the City -of Rochester, Minn., October 2, 1972
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was.built the matter of opening and closing the gate had been discussed and it had been
tried both ways -and found by closing the gate the traffic on 14th Street was much more
heavy and hazardous; he said he thought a more rigid policing program would have to -be -
instituted and suggested -probably employing a man for a couple of hours each day to check
on the.traffic. Mr. Denzer said they were going to.present this petition and meet with the
Board of Education this week. Upon motion by Mayer, second -by Strain, and all voting in
favor, this matter was referred to the Public Safety Committee for review and they to report
back in a month.
• Uppn motion by Strain, second by Kamper-, and all voting in favor, a resolution
was adopted that the proposed amendment "That Section 103.5 of the Charter of the City of
Rochester be repealed in its entirety" be submitted to the qualified voters of the City of
Rochester for their adoption or rejection at the general "Charter Election" to be held in
the several election districts in the.City of Rochester on Tuesday) March 13, 1973.
An Ordinance relating to the Collection of Refuse and the charges therefor;
amending Rochester Code of Ordinances, Section 130.130 and 130.600, was given its first
reading.
Resolution that a special election is called and ordered to be heldwithin the
City on Tuesday, November 7, 1972 for the purpose of submitting to the voters the following
question:
"Shall the Common Council be authorized to issue general obligation
bonds of the City of Rochester in.the amount of $1,150,000.00 or
such lesser amount as may be required, with other funds on hand or
granted or contributed, for the acquisition and betterment of lands,
buildings and facilities needed for the municipal recreation system?
Upoa,motion by Mayer, second by Kamper, and all voting in favor, resolution adopted.
Upon motion by Powers, second by Strain, and all voting in favor, two
resolutions were adopted (1) resolution declaring cost to be assessed and ordering prepara-
tion of proposed assessment and (2) resolution ordering a hearing on the proposed
assessment for construction of improvements for extension of 9th Street Southeast from 3rd
Avenue to South Broadway with necessary utilities.
• Upon motion by Mayer, second by Strain, and all voting in favor, the applica-
tion of James Gaviser, M.D. for a permit to conduct a dance at the National Guard Armory
on October 21, 1972 from 2:00 P. M. to midnight was approved.
Mr. Robert Zachray of 1307 29th St. N.W. was again present and inquired as to
the status of the liquor license for. the Moose Lodge. Mr. Swanson, the City Attorney, said
the-ordinancerequired the Lodge.to submit a resolution or.request to -seek removal of the
whites -only clause for membership in the National Moose Lodge and if this had not been
complied with the license would be revoked.
Upon motion by Kampen, second by Powers, and all voting in favor, the meeting
was adjourned until 7:30 P. M. on October 16, 1972.
ty Clerk J
INFORMATION 1012/72
1. Minutes of the Standing Committees 9/25/72
2. Notice of Claim for Damage - Raymond J.-Alberts-of 3920 7th Place N.W:
3. Notice of Claim for Injury - Lillian E. Hallman
4. Letter from MHd re participation in improvement of 4th St. & 3rd Ave. S.E.
5. Letters from Cab Companies requesting renewal of their five year franchise -
6. Public Service Commission Hearing - application for carrier permits of Evans Moving &
Storage and Robert C..Tew and John Yonte - 9:30 A.M. on October 25, 1972
7. Referred to Planning & Zoning - application for variance at 2515 23rd Ave. N.W.(Spiten)