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HomeMy WebLinkAbout11-06-1972Record of Official Proceedings of the 'Common Council of the City of Rochester, Minn., November 6, 1972 411. 1 • • . .. 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 November 6, 19721 President Postier called the meeting to order at 2:00 o'clock P. M., the following members,being.present: President Postier, Aldermen Kamper, Larson, McNary, Powers, Strain. Alderman Mayer arrived.at 3:30 P. M. Mayor's appointment of Louis Thomas of 1226 - 2nd Street N. W. as a member ofl the Human Rights Commission, Mr. Thomas will fill the unexpired term of Rev..Erling Tungseth and the term of office will expire May 1, 1974. Upon motion by McNary, second byl Powers, and all present voting in favor, the appointment was approved. Mayor's appointment of Julian V. Wera of 116 llth Avenue N. W. as a member ofl the Planning and Zoning Commission, Mr. Wera to fill the unexpired term of Donald Saundersi and the term of office will expire December 31, 1973. Upon motion by Powers, second by McNary, and all present voting in favor,.the appointment was approved. Mr. Don Kleist of 1554 8th Avenue S..E., President of Rochester Home Builders) .. Association, appeared before the Council.and read the following letter: "Mayor Day and Rochester Common Council: We understand that recommendations are.in.the making for an increase in building permit fees for housing in the City of Rochester. In.respgct to the position of the Rochester Home Builders Association, we wish to voice our opinion against such action at this time. We.sincerely feel that this department is a public service to the safety of our community. The general public benefits equally as well as the residential.construction consumer. Therefore, we feel it is unfair to penalize this residentail consumer by raising building permit fees. In lieu of the permit fee increase, we recommend the following economy. measure. Merge the City -County building inspection department under one administrator; City -County sharing on.a proprotionate.basis, the cost of.the department. We.f,irmly believe that through this merger, operating costs may be lessened rather than increased, thus indicating no apparent need for an increase in.residential construction permit fees. We feel that action should be taken on this matter and we, the Rochester . Home Builder's Association, would be pleased to be of any assistance in making the above recommended become reality. May wq hear from you at your earliest convenience. Sincerely, /s Don.Kleist" Mr., Don Kleist.and Mr. -Richard Hexum were each heard, they said they had been to a mee of the County Commissioners and they had spoken in favorof their proposal. No action.was taken and they were requested to brin& something to the Council in writing showing what .the advantages of the merger would.be, the dollars and cents cost, etc. Upon motion by Strain, second by Larson, and all present voting in favor, the) applications of Thomas Kruse to conduct two dances at the Mayo Civic Auditorium on October 27, 1972 and November 17, 1972 and George B. Thompson and Matt Campbell to conduct a dance at.North Hall on November 11, 1972.were approved and the permits granted. Upon motion by Kamper, second.by McNary, and all present voting in favor, the) application of George Baihly as a partner for_and in behalf of the Rochester Hilton Hotel fora license to sell intoxicating liugors "on the.premises" described as Lot 1, Block 2, Green Meadows 1st Subdivision was approved and the license granted. 412 Record of Official Proceedings of the Common Council of the City of Rochester, Minn.; November 6, 1972 n L-A The following applications for licenses were presented (1) application for transfer of on and off sale non -intoxicating malt liquor license to Paul A. Barberts for -the Happy Times Bar at 322 South Broadway (2) application for off sale non -intoxicating malt liquor license for Hammyls Country Boy 63 Grocery Store at.203 19th Street N. E. (3) applications of Donald Hameister and Continental Oil Company for license to sell cigarettes -and (4) -application for transfer of -taxicab license No. 7 for Blue & White Cab Company from'a 1968 Plymouth to a 1971 Plymouth.. A motion was made by Alderman Larson that the application for transfer of the non intoxicating malt liquor license at the Happy.Times Bar be referred to the Public Safety Committee; his motion was declared lost for want of a second. -A motion was 'then made by McNary, n second by Powers, that the above applications -be approved and the licenses granted; all present ted in favor. Recommendation of Public Safety Committee that the established position of an It crossing guard -at 3rd Avenue and-16th Street Southeast be abandoned. Upon motion by , second by Larson, and all present.voting in favor, the recommendation was accepted and position abandoned and the City Attorney was instructed to prepare the necessary -resolution. Recommendation of Traffic -Engineer that a resolution was adopted on October 2, 1972 the time period to 9:00 P. M. on First Avenue S.W. in front of the Kahler Center lding and this should.be amended to read from-6:00.A. M. to-9:00 P. M. instead of 6:00 P. M. 9:00 P. M. Upon motion by Kamper,.second by Powers, -and all present voting in favor, the commendation was accepted and the City Attorney was instructed to prepare the necessary solution. Tabulation of -bids for the seasons supply of -rock salt, -the bids of Cargill, Inc. n the amount of $10.90 per ton, Morton Salt Company in the amount of.$21.10 per ton, Domtar hemicals, Inc. in the amount of.$11.09 and Diamond -Crystal Salt -Company in the amount of $11.30 ere received. A motion.was made by Larson, second by Kamper, that the low bid of Cargill, Inc. the amount of $10.90 per•ton be accepted;.all present voted in favor. Recommendation of Planning and Zoning Commission that the application to construct edestrian and service subways between the Mayo Building and The -Hilton Building -and between The ck Building and The Hilton Building and from the Hilton Building to the existing subway in Street.S. W. be .approved. Upon motion by Larson, second by Strain, and all present voting in avor, except Powers and McNary.who "abstained", the recommendation was -accepted and the City ttorney was.instructed to prepare a resolution granting a revocable permit in order to retain ome flexibility if a situation should arise whereby -in the future the public would need to use right of way encroached upon. (C. A. Armstrong, City Engineer reported that.the City is ,oing to have to build a storm sewer in this area and the construction of this tunnel at this ime precipitates it immediately and he felt this would be the time to discuss the financing of he storm sewer; the City would not be able to build the sewer until next summer but Mayo ssociation wanted to build the tunnel immediately. Approval was granted on the tunnel and a eeting was scheduled for next week with Mayo Association to discuss financing and construction f the storm sewer). 1 • 1 1 0 rj 0 Council Record of Official Proceedings of the Common of the City of Rochester, Minn., November 6, 1972 4n. 1 • L' • 1 Recommendation of Planning and Zoning Commission that the Planned Unit Development (preliminary plan) of Di -Con, Inc. be granted approval subject to - 1. Note either on the plan or in a separate letter when the plat will be submitted. 2. Indicate location and design of mail boxes, air conditioners, and trash receptacles. ' 3. Indicate parking for the handicapped. 4. Indicate'�No Parking" on private access70aysa 5. Submit to the city any private covenants and organization duties and responsiblities of any Home Onwer's Association. 6. Contact City Engineer as to roadway widths on public streets. 7. Indicate location and -design of any signs. 8. Maintain a 25 foot setback from all public streets. 9: Extend to the west 22nd Street N. W., 21st Street-N. W. and 20th Street Northwest from Northgate Addition to connect up with the proposed north -south public street shown on this plan. Mr: Wm. Dickey, General Manager of Di -Con was present together with their architect and they showed and discussed their plans. C: A. Armstrong,'City Engineer, said that 25th Street N.W. where it connects with 19th Avenue is not where the right-of-way for the utilities in place now and he was toldthey planned that 25th street be moved over but the access for utilities would'still be maintained. Discussion was also held on 20th and 21si Streets being dead-end streets and on the construction of sidewalks. A motion was made by Strain, second by Powers, that the recommendation of the Planning & Zoning Commission be accepted and the preliminary plan be granted approval subject to the nine conditions and subject to (1)•that two turn arounds be provided if•necessary at 20th and 21st Streeti (2) that unobstructed access be provided to sewer and water in place and (3) complete the pedestrian path system down 26th Avenue Northwest and -the City Attorney be instructed to prepare the necessary resolution; all present voted in favor. Alderman Mayer arrived at 3:20 P..M. Recommendation of Planning and Zoning Commission that.the application for a planned unit development (preliminary plan) of Silver Acres Subdivision be granted approval subject to buildings F & G being relocated so as to comply with the recommenda- tions of the Fire Department. Tom Moore, Planning Director, said that he had received a call from Mr. A. Kramer requesting that the handicapped building be changed to a 4 unit building, they originally had this one building designed for handicapped and now found out that the State Law does not apply to this type of project so they would like to remove it and make a 4 unit building. A motion was made by Strain, second by Powers, that the plan be approved subject to buildings F & G being relocated to comply with the Fire Department Recommendations, that their request to change the handicapped building to a 4 unit building be approved and the City Attorney be instructed to prepare the necessary resolution; all voted in favor. Recommendation of City Planning and Zoning Commission that the application for a Planned Unit Development (Preliminary Plan) of Rochester Villas be granted approval subject to the conditions listed; Tom Moore, Planning Director reported that the various . conditions listed had all been taken care of. A motion was made by Powers, second by Larson, that the application be approved and the City Attorney was instructed to prepare F4'14 Record of Official Proceedings of the 'Common' Council of the City of Rochester, Minn.; November 6, 1972 the necessary resolution; all voted in favor. Resolution approving Revocable Permit for an underground Pedestrian and Service Subway under 2nd Street S. W. -Upon motion by Kamper, second by Larson, and all voting in favor, except-McNary and.Powers who "abstained", resolution adopted. Resolution authorizing acquisition of land by Eminent Domain -extending First Avenue Southeast between Ninth Street and Nine*and One -Half Street Southeast. Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted. Resolution approving Purchase Order Contract passed by*Public Utility Board on October 24, 1972 with Dolan Feldhaus-Company for KVA Pole Type Distribution Transformers ('$14,035) Upon motion by Larson, second by Kamper, and all voting in favor, resolution adopted. Resolution approving concept statement for the Planned Unit Development known as Rochester Villas. Upon motion by Kamper, second by Powers, and all voting in favor, resolution adopted. Resolution approving lease agreement between City and County of Olmsted to lease Water Works Property in Blocks 47 and 48 of Morse and Sargent's Addition for use by the Olmsted Public Health Department. Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. Resolution approving resolution adopted by Public Utility Board on October 24, 1972 establishing steam heat rates effective January 1, 1973. Upon motion by Larson, second by McNary, and all voting in favor, resolution adopted. Resolution amending the parking resolution as follows: (1) Section C, Special Parking Zones, paragraphs (9) and (9.5) are rescinded in their entirety.. (2) Section I, Parking Meters, Zone B (30 minute parking) paragraph (1) is rescinded in its entirety. (3) Section H, Limited Parking Zones, Zone B (30 minute parking) paragraph (5) is -rescinded in its.entirety.- (4) Section I, Parking Meters, Zone A (12 minute parking) paragraph (13.5) is rescinded in its.entirety. (5) Section I, Parking Meters, Zone D (90 minute parking) paragraph (11) as amended, is furtheramended in its entirety to read: "(11) Second Street Southwest on both sides of the street between Second.Avenue and Fifth. Avenue and between.11th Avenue and 13th Avenue." (6) Section E, Passenger Loading Zones, paragraph (30).-is rescinded in its entirety. Upon motion by Strain, second by Larson, and all voting in favor, resolution adopted. An Ordinance amending Ordinance No. 1466 entitled "An Ordinance Establishing within the City of Rochester an Urban Service District and a Rural Service District as Separate Taxing Districts (property owned by Donald Close): was given its first reading. An Ordinance rezoning certain property and amending the Zoning Code of the City of Rochester, Minnesota (Baihly property to R-4 High Density District and B-3 General Business District) was given its first reading. An Ordinance relating to the employment of Minors where intoxicating liquors are sold; ;amending Rochester Code of Ordinances, Section 160.260, was given its second reading. A motion was made by Powers, 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. 0 1 1 • 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 6, 1972 41 1 is 1 1 0 An Ordinance relating to the Consumption of Intoxicating Liquor in a public place; amending Rochester Code of Ordinances Section 160.450., was g1ven-:its second r 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 sanitary land fills and charges for the disposal of refuse therein; amending Rochester Code of Orinances, Section 31.031 as follows, was given its first reading: Amend -Section 31.031 in part by striking that portion which reads: "1 Car or station wagon, $.25." and inserting in lieu thereof: "l. Car or station wagon,- $.50." Upon motion by Larson, second by Kamper, and upon roll call and all voting in favor, -the rules were suspended and the ordinance was given its second reading. A motion was made by Larson, second by Strain, 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 Subdivision Regulations and the platting of proper amending Rochester Code of Ordinances, Sections 41.203 and 41•.300, was given its first reading. An Ordinance relating to Zoning and Planned Unit Developments, Amending Rochester Code of Ordinances, Sections 64.307, 64.308 and 64:503 as adopted by Ordinance No. 1659, was given its first reading. Upon motion by Larson, second by Powers, and upon roll call and all voting in favor, thet�rules-were suspended and the ordinance was given - its second reading. A motion was•then made -by Larson, second by Powers,,that ihe`said•' ordinance be adopted as-read•and all voting in favor, President Pottier declared the said ordinance duly passed --and adopted. Mr. Gerald -Swanson, City Attorney, reported that -with reference to the incident at -the Mayo Civic Auditorium whereltickets were sold for -a public dance and the orchestra -did not show up; that his office is conducting an investigation as to what did happen and they will take whatever action they can to recoup the fees that were collected and if possible make -the City whole, the action may include both civil and criminal they arc, not sure but -they have spent -a great deal of time -on this already. A motion -was made by Kamper, second by -Larson, and passed unanimously that the semi-monthly bills-, list attached; in the amount of $735,606.54•be-approved. President Postier requested that•some action be taken to implement the passenger boarding tax at the Rochester Airport in light of President Nixon's Yecent veto of a federal bill outlawing such revenue measures. Gerald Swadson, City Attorney, -stated that he had requested some time ago an opinion from the Attorney -General on this and he deferred giving a ruling pending finality of the action in Congress but he`had again last week requested the Attorney General to again consider the opinion request. A • motion was made by Larson, second by Strain, that the City Administrator and the City • 0 F'416 Record of Official- Proceedings of the Common Council of the City of Rochester, Minn., November 6, 1972 Attorney were instructed to prepare the necessary resolution, subject to the decision of the Attorney General.;,all voted in favor. Mayor Day called the Council's attention t the recent action taken by the Olmsted County Board which reduced- the valuation of the Kahler properties in the amount of almost $700,000 which would lower their taxes by about $30,000. Mayor Day said the action.was legal but he felt the. City should have been involved in such a decision and he would like to see the information on which the_Bpard based its decision, the City has a Board of Equalization but the KahlerCorporation by-passed them. He said the County Board based their action on a report made by a firm hired by the_.Kahler - Shenehon, Goodlund and.Johnson, Inc. of Minneapolis and city officials were not given the opportunity to see the report. He further stated he did not intend to pick on the Kahler Corporation .which he respects highly; but felt it was a matter the Council should be involved in when they are setting up budgets and are trying to look at what they have to work with in a particular year, certainly when this much money is involved. The City Council unanimously agreed with the Mayor that the City should see a copy of this appraisal and the Mayor was to go ahead and see what he could do. Upon motion by Powers, second by Kamper, and all voting in favor, the meeting was adjourned until 7.30 P. M. President Postier called the meeting to order again 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 amendment to City's Land Use Plan Northwest General Development Plan. Richard Krier of the Planning Department outlined the changes that had been made, which had changed the light industrial to the west to medium density residential and the playground had been moved to the center. Mr. Louis Ohle of 605 16th St. N. W., attorney representing the Northwest Home Owners Assn., was present and said the changes that were made were approved. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Powers, second by Kamper, approving this amended plan subject to changing to moving the road through the residential to the west, and instructing the City Attorney to prepare the necessary resolution; all voted in favor. Hearing on proposed assessments to the John Miller Property at 3606 18th Avenue N. W. on account of deferred assessments on the three following projects (1) construction of a storm sewer in Bel Air Subdivision (Job 6354-B); (2) construction of a sanitary sewer, water main, storm sewer, service connections, grading and surfacing in Rolling Greens Addition (Job 5903-5903-60); and (3) construction of trunk line sanitary sewer in the S� of the NWk of Sec. 22-107-14 through the S� of NEk of Section 22 and through tht NWk of Section 23-107-14 to the 48 inch trunk line sanitary sewer at thr Rochester Sewage Treatment Plant in the NWk of the NE'k of Section 23 (Job 5622). There was no one present wishing to be heard. President Posher declared the hearing officially, closed. Upon motion by Larson, second,by Strain, and all voting in favor, resolutionslevying the proposed assessments, were adopted. Hearing on proposed assessment for watermain extension to Pennington Business Park described as "watermain extension along the east side of.T. H. 52 from 41st Street.N. W. to 1 40 1 1 1 • Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 6, 1972 41?- 1 C� I • Pennington Business Park". There was no one present wishing to be heard. President Postier declared the hearing -officially closed. Upon motion by Larson, second by Powers, and all voting in favor, a resolution was adopted levying the proposed assessment. Hearing on ''construction of sewer and watermain in 19th Avenue N.W., 31st Place N. W. and 30th Place N. W. in Allendale Subdivision. Letters from John H. Willaman of 1925 31st Place N. W.; Russell Clover of 2016 31st Place N. W. and Eva Springer of 2017 31st Place N. W.; and Elroy Karnitz of 1926 31st Place N. W. opposing the construction of thie project were each presented. Mr. Dale Kolstad of 2014 30th Place N. W. was present and spoke against the improvement. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. No action was taken. Hearing on construction of 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. C. A. Armstrong pointed out that the petition for this was signed by only one of four owners, that the assessment would run about $25.57 per front foot, two of these owners already have sewer in front of their lots, these lots have a long frontage so the assessments would be very high; Since 31st Place is not a public right of way, it will be necessary to acquire easements for sewer and water construction. There was no one present at this hearing. Upon motion by Mayer' second by Powers, and all voting in favor, the hearing was continued until 7:30 o'clock P. M. on November 20, 1972 (in the meantime the City Engineer was to contact the involved people andi inform them of the high costs, etc.). Hearing on proposed assessment for "extension of 9th Street Southeast from 3rd Avenue S. E. to South Broadway, with necessary utilities". Mr. Robert Suk, Attorney was present representing Paul Moore the developer of K-Mart; he spoke in opposition to the amount of their assessment and said the main objection was that in the original agreement it was provided that there would be sewer and water facilities in 9th Street sufficient to take care of the property bordering and this was not done and as a result the property Mr. Moore owns South is situated without sewer; he said he felt there was a great discrepancy because the total to be assessed was almost three times what the original estimate was; he requested that the Council reconsider the amount to be assessed. 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, a resolution was adopted levying the proposed assessments. Hearing on petition to vacate loth Avenue S. E. one block between East Center) Street and First Street Southeast. A letter from Gerald Swanson., City Attorney, stating that in order for a petition for vacation to be valid under the City Charter it is necessary that a majority of 3/4 of the individual owners of 'property along the line of the public property - to be vacated sign the petition, since only one of the three property aw ners along the line of the property petitioned for vacation signed the petition, the petition is not sufficient and the Common Council is without jurisdiction to proceed in the matter, was read. No action F'4 11 �i Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 6, 1972 was taken. Upon motion by Powers, second by"�IKayer, and all voting.in favor, the meeting was adjourned until 4:00 o'clock P. M. on November 8, 1972. Civ Clerk INFORMATION 11/6/72 1. Minutes of the Standing -Committees 10-16-72 2. Minutes of the Standing Committees 10-39-72 3. Letter from Rochester Board of Realtors re flood proofing regulations 4. Claim for Damages - Lloyd Bradford of Mantorville, Minnesota 5. Referred to Planning and Zoning a. application to vacate a portion of the alley at 411 6th Ave.,N.W. (Judson Gooding) b. application for conveyance of property by a metes and bounds description located in Miracle Mile Shopping Center (Corrigan Properties, Inc.) 6. Referred to Zoning Board of Appeals a. application for a variance at 1111 3rd Avenue S.E. (Paul Frutiger) b. application for a variance at 826 15th St. N.W. (Berat Garnson) c. application for a variance at 1062 Plummer Lane 4Mrs: David Corey) d. application for a variance at 502 14th St. N.W. Leon Bakman)