HomeMy WebLinkAbout10-16-1972r 4
Record of Official Proceedings of the Common Council
of the City of. Rochester, Minn., October 16, 1972 •
blinutes of an adjourned regular meeting-of,,the Common Council of the City of
Rochester, Minnesota, held in the Council Chambers in the CityJHall, in said City, on
October 16, 1972.
President Postier called the meeting to order at 7:30 :o'clock P. M., the
following members being present.: President Postier, Aldermen Kamper, jarson,.Mayer, McNary,
Powers,.Strain. Absent: None.
Hearing on proposed assessment for sewer and water to serve Lot 18, Allendale
Subdivision. There was no one present wishing to be heard. President Postier declared the
hearing officially closed. Upon motion by Larson,.second by Strain,,.and all voting in favor,
a resolution was adopted levying assessments for sanitary sewer and watermain extension in
East Frontage Road T. H..52 to serve Lot 18, Allendale.Subdivision.
Hearing on proposed assessment.for improvements in Apache Drive to Lots 1, 2 and
9, Block_2, Apache Mall. There was no one present.wishing-to be heard. .President Postier
declared the hearing officially closed.. Upon motion by Powers, second by McNary, and all
voting in favor,.resolution.was adopted,levying:assessments.for sanitary sewer, water main
and storm sewer in Apache Drive abutting Lots 1, 2 and 9, Block 2, Apache Mall Shopping
Center Subdivision.
Hearing on proposed assessment for sewer and water to Green Meadows 1st
Subdivision. There was no one present wishing to be heard. President Postier declared the
hearing officially closed. Upon motion by Larson, second by. Mayer, and all voting in favor,
a resolution was adopted levying assessments.for sanitary sewer and water main from T. H. 52
S. W. to Green Meadows 1st Subdivision.
Hearing on final plat of Pennington Second Subdivision. There was no one present
wishing to be heard. President Postier declared the hearing officially closed. Upon motion
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by Powers, second by Strain, and all voting in favor, a resolution was adopted approving the
plat to be known and designated as Pennington Second Subdivision.
Hearing on final plat of Summit Square Second Subdivision. There 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, a resoalution was adopted approving
the plat to be known and designated as Summit Square Second Subdivision.
Recommendation of Airport Commission that the Common Council authorize the Mayor
and City Clerk to execute partial payment estimate #1 for partial payment to Sullivan Construction
Company in the amount of $38,630.40 and McGhie and Betts, Inc. in.the amount of $3,853.70 for
bituminous overlay construction on entrance roads and general aviation ramp at the Municipal
Airport. Upon motion by Kamper, second by Mayer, and all voting in favor, the recommendation
was approved.
Application of Lysne Construction Company for a permit to move a two story house
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from 215 4th A e, S.E. to 1st Street S. W. in the 1900 block. Upon motion by Larson, second
by Strain, and'all voting in'favor, the permit was approved.
Upon motion by Larson, second by Mayer, and all voting in favor, the six following
resolutions were adopted, resolution (a) declaring cost to be assessed and ordering preparation
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Record of Official Proceedings of the Common Council .400
of the City of Rochester, Minn., October 16, 1972
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of proposed assessment and (b) ordering a hearing on the proposed assessment for the three
following deferred assessments. (1)_ Deferred costs for construction of a sanitary sewer,
water main, storm sewer,.service connections, grading and surfacing in Rolling Greens 2nd
(Project 5903 and 5903-60)
Addition/(2) deferred costs for construction of a trunk line sanitary sewer in the S'k of
the NWk Sec. 22-107-14 through the Sk of the NEk of Section 22 and through the NWk of
Sec. 23-107714 to the 48 inch trunk line sanitary sewer at the Rochester Sewage Treatment
Plant in the NWk of the NEk of Section 23, referred to as.IBM Trunk Line Sanitary Sewer
(Job 5622) and (3) deferred costs for construction of storm sewer to Bel Air Subdivision
(Job 6354-B).
Recommendation of City Engineer that all bids for street construction on 1st
Avenue S. E. from.9th to 9k Street S. E. be rejected.and the proposal guarantee be
returned to the two lowest bidders and that the project be readvertised when the right-of-
way has been acquired. Upon motion by Strain, second by Powers, and all voting in favor,
the recommendation was accepted and the.bids were rejected.
Recommendation of City Engineer that.a hearing be ordered for construction.of
sewers, watermain, grading and surfacing on.41st Street N. W. from 18th Avenue N. W. to
T. H. 52 frontage road. Two resolutions (a)declaring cost to be assessed and ordering the
preparation of proposed assessment and (b) ordering a hearing on the proposed assessment
were presented. :The.question.of getting the St. Pius Church Property to accept an
assessment for street construction was discussed. Upon motion by Strain,, second by Larson,
and all voting in favor, this matter was referred back to the Public Works Committee.
Report of City Engineer in regard to location of 16th Street S. E. extension
between llth Avenue S. E. and T. H. 52 S. E. as follows:
1., The need for construction is not immediate, but provision for its
future establishment and construction should be provided by
determining a location and adopting an official street map.
2. We do not feel that its location needs to be within the area proposed
for the Rochester Villa project submitted October 2, 1972.
3. This Department recommends the following alignment as the best route
in respect to traffic service: extend 16th St. S.E. from llth Ave.
S.E. easterly and northerly to connect with T. H. 52 at 141th Ste S.E.
in DeWitts Subdivision.
The Public Works Committee recommends approval of the above report and recommends that an
official street map be prepared. Upon motion by Kamper, second by Powers, and all voting
in favor, the recommendation was accepted and the City Engineer was instructed to prepare
an official street map.
Recommendation of Traffic Engineer that the following changes be made due to
the existing location of the library:
1. The 3 30minute meters on 3rd Ave. S.W. be changed to 90 minute meters.
2.. The 50-foot special parking zone on 3rd Ave. S.W. be changed to 90 minute
meters.
3.. Change 2 12-minute meters on 2nd St. S.W. east of 3rd Ave. to 90-minute
meters.
Upon motion by Larson, second by Powers, and all voting in favor, the recommendation was
accepted and the City Attorney was instructed to prepare the necessary resolution.
Upon motion by Powers, second by Larson, and all voting in favor, the
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Record of Official Proceedings of the C6nmon Council
of .the City of Rochester, Minn., - October 16, 1972
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recommendation of the Traffic Engineer that the passenger loading zone on 2nd Street S.W.
.just west of Broadway -in front of the Daytons Building be -replaced with a parking -meter was
approved and the City Attorney was instructed to prepare the necessary resolution.
Recommendation of City Engineer that the City enter into -a contract with Metro
Corporation for street construction and storm,sewer construction on Valkyrie -Lane from
.Valkyrie Drive up the hill to Valhalla 3rd Sbudivision. Upon motion by Strain, second by
Larson, and all voting in favor, the City Attorney was instructed to prepare said contract.
Upon motion by Larson, second -by Mayer, and -all voting in favor, a resolution was
adopted instructing the City Clerk to advertise for rock salt. •
A motion was made by McNary, second -by Larson, that the semi-monthly bills, list
attached, in the amount of $110,610.84 be approved;.all voted in favor.
Recommendation of Planning and Zoning Commission that the Planned Unit Development
-(Concept Statement) known as Rochester Villas be approved. Upon motion by Kamper, second by
Powers, and all voting in favor, the recommendation was accepted and the -City Attorney was
instructed to prepare a resolution approving the -plan..-
• Resolution vacating and abandoning the -utility easement along the rear lot lines
of Lots 2 through 6, Block 2, Northgate Third Addition, less Lot 10 and less the Northerly
5,0 feet of Lots 2 and 11, Block 3, Northgate 3rd Addition. Upon motion by Larson, second by
Powers, and all voting in favor, resolution adopted.
Mr. Robert Patterson, Attorney, was present and submitted an application for a
Club.On,Sale Retail Liquor License for the Loyal Order of Moose, Rochester 2128; attached to
the application was a copy of the following resolution adopted.on October 6, 1972:
"Be it resolved that the ,governing board .of the Loyal Order of
Moose, Rochester 2128, do by this resolution petition the
National Organization to eliminate such clause or clauses which
limit membership based on race, -color, creed, religion or
national origin."
He said he felt, a new -application with such a resolution -attached would comply with the City
Ordinance. Mr. Gerald* Swanson, City Attorney; stated that the Council has to decide the fact
question as to whether or not the Moose wilfully Violated the ordinance prior to October 2.
the City Ordinance and the State Law provide that you cannot issue -a license to a person or
organization that has wilfully violated either the State Statutes or the local ordinance
dealingy4th the liquor laws and that is why he asked Mr. Patterson the question whether they
actually considered the issue of complying or not complying with the ordinance; that's a
fact question for the City Council to decide based upon what evidence they have received in
the application. He further stated that they took no action at all, one way or the other
and he would think the Cotincil could decide it did not"consitute wilful violation. They.just
lost the license by default. The'ordinance provides for automatic revocation if they fail to
adopt the resolution by October 1 and in this case by October 2, if the facts here indicate
that they just didn't do anyting the Council may consider that not to constitute wilful
violation of the ordinance. That's the question for the Council to decide. That's for the
Council to make the decision on as the fact finder. After a lengthy discussion a motion was
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Record of Official Proceedings of the `Common Council
of the City of Rochester, Minn., October 16, 1972
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made by Mayer, second by Kamper, that the application of the Moose Club for a liquor license
be denied agd.upon roll call and all voting in favor, the application was denied.
Upon motion, by Kamper, second by Mayer, and all voting in favor, the bid of
Fernstrom Moving System for the lease and operation of the Public Scales was accepted and t
City Attorney was instructed to prepare the necessary contract.
Upon motion by Powers, second.by Larson, and all voting.in favor, a resolut
was adopted levying the following sums of money for the current year, collectible in 1973,
upon_the taxable property in said City of Rochester, for the following_purposes:
General Fund
$1,770,920
PERA & FICA
195,286 .
Fire Relief
253,351
Police Relief
327,351 .
Library
291,430
Sewer Utility
30,000
Equipment Revolving
118,025
Capital Improvements
875,990
Debt Service
269,768
Upon motion by Mayer, second by Kamper, and all voting in favor, a resolutions
was adopted adopting the annual budget of the City of Rochester, Minnesota for the fiscal
year beginning January 1, 1973, which has been submitted by the several departments and
modified and approved by the City Council; the totals of said budget and the major divisions
thereof being as follows:
REVENUE AVAILABLE
General.Property Taxes
$ 4,132,121
Nonproperty Taxes
300,000
Licenses and Permits
211,750
Fines,Forfeits and Penalties
125,000
Use of Money and Property
.141,510
Intergovernmental Revenues
5,440,527
.Charges for Services
1,071,745
Special Assessments
501,000
Miscellaneous Revenues
3,474,896.
Prior year Revenues
196,445
Total Revenue
$ 15,594,994
EXPENDITURE
Appropriations
Employee Service $.4,892,574
Other Current Expenses 2,748,952
Capital Outlay 291,735
Capital Improvements 6,292,900
Tj-�::�Debt Service 11368,833
Total Appropriations $15,594,994
Resolution approving public street easement granted by Lutheran Brotherhood
in the Northeast Quarter of Southeast Quarter Section 3-106-14. Upon motion by Strain,
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 (City Primary Election shall
be held three weeks before regular municipal or charter election) was given its second
reading. A motion was made by Mayer, 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 relating to the collection of refuse and the charges therefor;
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Record of Official Proceedings of the Common"Council
of the City of Rochester, Minn., October 16, 1972-
amending Rochester Code of Ordinances, Sections 130.130 and 130.600 which was given its first
reading on October 2nd was again considered by -unanimous consent of the Council. Upon motion
by Kamper, second by Strain, and all voting in favor, Section 130.130 was amended to read as
follows:
130.130. Location of Containers. All refuse containers shall be
kept as near the rear of the premises as practicable if there is an alley,
and shall be located so as to be easily accessible to the collector.
Containers that are stored within a house, garage, or:other structure shall
be made easily accessible (unlocked and unblocked) therein each scheduled
collection day by the responsible tenant. Such containers shall be-kgpt
at least 12 inches above the grounds of on an impervious surface. Each
container shall bear the number of the property address or the name of the
commercial establishment for the purpose of enabling the collector to
return such containers to the property and to correctly identify violators.
The county health officer shall investigate complaints and enforce the
provisions of this section concerning the accessibility of refuse
containers.
Section 130.600 to remain as read. A motion was made by Larson, second by Powers, that the
rules be suspended and the ordinance be given its second reading and upon roll call all voted
"aye". A motion was then made by Strain, second by Kamper, that the ordinance as amended, be
adopted and all voting in favor, President Postier declared the ordinance duly passed and adopted.
Upon motion by Kamper, second by Mayer, and all voting in favor, the recommendation
of the Planning & Zoning Commission regarding the application for approval of a Planned Unit
Development (Concept Statement) known as the Di -Con Project was removed from the table. A
representative of Di -Con was present and stated that the reason this had been tabled at the last
meeting was that a small parcel of .land had been requested to be dedicated by the Park Board, he
said their project does not go this.far and they do not own this piece of land, k.Therrecommend-
ation of the Planning & Zoning Commission was that it complies with the standards of the Zoning
Code and the petitioner has agreed to provide a vehicular circulation pattern for public use
and they recommend that it be granted.approval. Upon motion by Mayer, -second by Powers, and
all voting in favor, the recommendation was approved and the City Attorney was instructed to
prepare the necessary resolution.
Resolution accepting public street easement across portions of Lot 16, Block 1,
of East Rochester granted the City by Max J. Manahan. Upon motion by Kamper, second by Powers,
and all voting in favor, resolution:adopted.
Resolution approving plans and specifications prepared by Kirkham, Michael &
Associates entitled "street construction and storm sewer on Valkyrie Lane in Valhalla Third
Subdivision - Project 6705-3-73" and authorizing and directing the Mayor and City Clerk to
execute a contract with Metro Development Corporation for construction of said improvements.
Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board approving purchase
order contract with Central Moloney, Inc. $2,626.00 for transformers. Upon motion by Larson,.
second by Mayer, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board approving
purchase order contract with Westinghouse Electric Company for transformers $20,601.00. Upon
motion by Larson, second by Mayer, and all voting in favor, resolution adopted.
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Record of Official Proceedings of the Common Council 409
of the City of Rochester, Minn., October 16, 1972
Resolution approving resolution adopted by Public Utility Board approving
purchase order contract with RTE Corporation for transformers - $3,980.00. Upon motion by
Kamper, second by Larson, and all voting in favor, resolution adopted.
Resolution approving resolution adopted by Public Utility Board approving
purchase order contract with Dolan Feldhaus Company for transformers - $4,548.00. Upon
motion by Larson, second by Powers, and all voting in favor, resolution adopted.
Resolution authorizing Public Utility Board to purchase the electrical power
lines serving the Parkside Trailer Court at a cost of $27,586.27. Upon motion by Strain,
second by Powers, and all voting in favor, resolution adopted.
Resolution authorizing Public Utility Board to provide water service to the
Golden Hill area. Upon motion by Strain, second by Powers, and all voting in favor, this
resolution was referred to the Public Works Committee and the City Engineer.
Gerald Swanson, City Attorney, presented an ordinance adopting the Minnesota
State Building Code. No action was taken and copies were to be sent to each of the
Aldermen.
A motion was made by Larson, second by McNary, to reconsider the action
taken earlier approving the semi-monthly bills; all voted in favor. A motion was then made
by McNary, second by Strain, that the semi-monthly bills be approved with the deletion of
the item under Exp Code 1212 in the amount of 11,641.00 to Jerome Koskovich; all voted in
favor.
Upon motion by Strain, second by Mayer, and all voting in favor, the meeting',
was adjourned until 5:00 o'clock P. M. on October 19, 1972.
City Clerk
INFORMATION 10/16/72
1. Letter from Franklin Michaels re vacation of easements in Northgate
3rd Addition (referred to Attorney, Engineer, Finance) '
2. Claim of Damage - Mrs. Harvey Boysen of 3719 50th Avenue S. E.
3; Referred to Planning and Zoning:
a. petition to vacate loth Avenue S.E. between East Center Street
and 1st Street S. E. - Independent School District 535
b. petition to rezone property at 411 6th Avenue S.W. from R-1 to
R-2 and R-2 (Judson Gooding)
c. petition to annex the Golden Hill School property of approximately
6.88 acres (Independent School District 535)
d. petition to annex the Pinewood School property (Independent School
District 535) .
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