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HomeMy WebLinkAbout11-20-1972Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November . 20 , 1972 1 • U [1 E 1 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 November 20, 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. Upon motion by Kamper, second.by Mayer, and all voting in favor, the minutes of the meetings of October 16, 1972, October 19, 1972, November 6, 1972, November 8, 1972 and October 2, 1972 were approved subject to the following: The City Attorney reported that at the last Council meeting on November 6, 1972 an ordinance had been adopted changing the requirement of a planned unit development and this should have been first referred to the. Planning & Zoning Commission for hearing and report, the ordinance to be deleted from the minutes and referred to -the Planning & Zoning Commission 'for recommendation before further action is taken. Hearing on application for approval of the final plan for a planned unit develo to be known as Di -Con Project located at 19th Street Northwest and CSAH No. 4. There was one present wishing to be heard. President Postier declared the hearing officially closed. Upon motion by Strain, second by Powers, and all voting in favor, the plan was approved and the City Attorney was instructed to prepare an ordinance designating this area as a P :Unit Development District incorporating the plan. (The developers were requested to give further study to additional lighting). Hearing on application for approval of the final plan for a Planned Unit Development to be known as Silver Acres. There. was no one present wishing to be heard. President Postier declared the hearing officially closed. Tom Moore, Planning Director, said there was one item that had been called to their attention since they wrote the request for council action and that was that there should be a couple of easements provided that are not currently existing, but he understood that the applicant is willing to grant the easements so there is no problem. Upon motion by Strain, second by Mayer, and all voting in favor, the plan.was approved and the City Attorney was instructed to prepare an ordina designating this area as a Planned Unit Development District incorporating the plan. Hearing on application for approval of the final plan for a Planned Unit Deve known as Rochester Villas. There was no one present wishing to be heard. President Posti declared the hearing officially closed. Upon motion by Powers, second by Strain, and all voting in favor, the,p.lan,,wao approved and the City Attorney was instructed to prepare an ordinance designating this area as a Planned Unit Development District incorporating the plan. Hearing on petition to vacate the westerly 124.58 of the East-West alley in Block U Original Plat. R. V. Erhick, Attorney was present on behalf of the Petitioners, the Mayo Foundation, and urged that the vacation be approved. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made it 42.� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 20, 1972 -• Iby Kamper, second by Mayer, that the vacation be approved and the City Attorney was instructed to prepare the necessary resolution; all voted in favor except Aldermen McNary and Powers who labstained. Hearing on application for approval of the final'plat'of Northgate First Replat. There was no one present wishing to be heard. President Postier declared the hearing officially Iclosed. Upon motion by Larson, second by Kamper, and all voting in favor, a resolution was (adopted approving the final plat to be known and designated as Northgate First Replat. Hearing on -sanitary sewer and watermain in 31st Place-N. tj. abutting Lots 23 and 24 between T. H. 52 and 20th Avenue N.W. in Allendale Subdivision. ._Mrs.'Gwen Ranks of 2030 - 31st Place N. W., Mrs. Kenneth Haugen of 2025-- 31st Place N. W. and Elroy Karnitz of 1926 - 31st Place N. W. were each present and spoke in opposition to the project. A letter from Mrs. G. McDonough of 3106 North Highway 52 supporting the project was presented. There was no one else present wishing to be"heard. President Postier declared the hearing officially closed. A motion was made by Larson, second by McNary, to proceed with the project. C.'A. Armstrong, City Engineer, said this had been tabled at the last meeting to try"to get some appraisals as'to'how these various lots would be benefited by this project but these appraisals had not been obtained as yet. A motion was then made by McNary, second by'Strain, and all voted in favor, that this matter be tabled to the next meeting and the City Engineer try to get an appraisal by then. Upon motion by Kamper, second by Powers, and all voting in favor, the Mayor's appointment of Ronald C. Wegman of 1110 Suburban Avenue, St. Paul, Minnesota as a patrolman to fill the existing vacancy on the'Rochester Police Department'was approved. Upon motion by Kamper, second by Mayer, and all present voting in favor, a resolution was adopted referring the improvement petition for watermain extension in the West 345 feet of present 4th Street N. W. abutting the vacated-4th Street N. W. in Rochester Shopping Center plat to the City Engineer for feasibility -report and Public Works Committee for recommendation. Request from Region "F" Advisory Council of the Governor's Commission on Crime Prevention and Control to authorize the individual serving as the city's representative on the Advisory Council to act on the city's bahlf on "charge back" procedures, Stevan Kvenvold is the present city representative on the Region "F" Advisory Council. Upon motion by McNary, second by Mayer, and all voting in favor, the City Attorney'was instructed to prepare a resolution authorizing the City's representative to act in behalf of the City in regard to charge back matters. Recommendation of Airport Commission that the Common Council authorize the Mayor -and City Clerk to execute final payment, estimate #2 to Sullivan Construction Company in the amount of $11,435.34 and McGhie & Betts Inc. in the amount of $1,610.71 for bituminous overlay construction and engineering services at the Municipal Airport. Upon motion by Strain, second by Powers, and all voting in favor, the recommendation was approved and the Mayor and City Clerk authorized and directed to execute same. 1 • 1 F� F_ -I LJ 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., Novembe r. 20, 1972 3 • 1 1 E Upon motion by Powers, second by Kamper, and all voting in favor, the four fol resolutions were adopted (1) resolution levying assessmenits for sidewalk repairs during th year 1972.(2) resolution levying assessments for removal of snow from sidewalks during the year 1972 (3) resolution levying assessments for destroying Dutch E1m:Trees during the yea 1972 and (4) resolution levying assessments for destruction.of noxious weeds during the year 1972. Application of In and.0ut Conoco at 210 4th St. S. E. for license to sell cigarette and application of Leonard.L. Lampland for Master Plumber's License. Upon motion by Strain,, second by Kamper, and all voting in favor, the.applications were approved and the City C was instructed to issue the licenses. Upon motion by:-Strain,,:second by Kamper, and all voting in favor, the license bond of Leonard Lampland in the amount of $1,000.00 with:Wisconsin Surety Corporation as surety was -approved. Upon motion by Powers, second by Mayer, and all voting in favor, a resolution was adopted approving proposal.for engineering services between the City of Rochester and Kirkham, Michael & Associates,.Inc. for improvements in.Green Meadows Second Subdivision and authorizing and directing Mayor and.City Clerk to sign said proposal in behalf of the City of Rochester. Feasibility report of City Engineer that watermain extension in the West 345 feet of present 4th Street N.W. abutting vacated 4th Street N. W. in Rochester Shopping Center Plat, improvement is feasible and estimated cost if $4,654.00; recommendation of Public Works Committee that above project be constructed with the costs assessed to the,two trac on the south side.of.4th Street N. W.. Upon motion by Kamper, second by Strain, and all voting in favor,. the recommendation was approved and a resolution was adopted ordering a public hearing on the said project: Recommendation of Traffic Engineer that two 12 minute meters be established on 3rd . Street S. W. just west of the alley. Upon motion by Larson, second by McNary, and all voting in favor, recommendation was.approved and the City Attorney was.instructed to pr the necessary resolution. Recommendation of Traffic Engineer that the Passenger Loading.Zone on the west side of 6th Avenue S. W. in front of the.premises known as 321 6th Avenue S. W. be removed. Upon motion by McNary, second by Powers, and all voting in favor, recommendation was approved and the City Attorney was.insttucted.to.prepare the necessary resolution. Recommendation of Traffic Engineer that parking be removed on the west side of 6th .Avenue S. W. from 1st Street north to the alley.- Upon motion by Powers, second by Mayer, and all voting.in favor, the recommendation was approved and theCity Attorney was instructs to prepare the necessary resolution. Recommendation of Traffic -Engineer that -the—Passenger Loading Zones in front of the Chateau and Lawler Theatres be removed. Upon motion by Kamper,-second by McNary, and all �24 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., November 20, 1972 voting in favor, the recommendation was approved and the City Attorney was instructed to prepare the necessary resolution. Upon motion by McNary, second by Strain, and.all voting in favor, a resolution was adopted authorizing the City Clerk to advertise for bids for furnishing the year's supply of gasoline for the year 1973. A motion was made by Larson, second by McNary, and passed unanimously that the semi-monthly bills, list attached, in the amount of -$139,232.01 be approved.. . Recommendation of Planning & Zoning Commission that the Council indicate to the Minnesota Municipal Commission that the City is willing -to accept Lot 6, Block 15, Golden Hill Addition into the City and would also be willing to accept.a slightly expanded area (the annexation of the :one lot.had been tabled for 90 days to study the annexation of a larger area). A motion was made by. Alderman.Larson that the petition be denied, his motion was declared lost for want of a second. A motion was then made by McNary, second by Powers, that the annexation be approved and the City Attorney was instructed to prepare a resolution indicating to the Minnesota Municipal Commission the feelings of the Common Council; all voted in favor. Recommendation of Planning & Zoning Commission that the Common Council permit landscaping treatments and public convenience facilities to be -located in that part of the public street right-of-way that is between the property line and the curb in the downtown area; all proposals for landscaping and public convenience facilities shall be -prepared in written form and be filed with the City Planning Department for coordination -and -review and recommend- ation to the City Planning and -Zoning Commission -and -upon concurrence,'the-City Planning and Zoning Commission will make a recommendation to the Council for approval; primary consideration must be given to assuming the free flow and movement -of -pedestrians in the -downtown area and also for ease of Fire Department access to building areas from the street. -Upon motion by Mayer, second by Kamper, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare the necessary document. Upon motion by Powers, second by.Kamper., and all voting in favor,.a resolution was adopted authorizing tlie-Mayor.and City Clerk to sign a stipulation on behalf of the City of Rochester submitting the matter of parity of salaries between fire fighters and patrolmen for the -calendar year 1973 to an arbitrator for -binding arbitration, said arbitrator to be selected from a list of five arbitrators submitted by the Director of Mediation -Services of the State of Minnesota to the City and IAFF Local 520 from which the arbitrator shall be selected in the manner described in Minnesota Statutes, 179.72, subd 6. Mr. Robert Patterson, Attorney was present.in behalf of the Local Moose Lodge No. 2128 and requested the Council to reconsider the application submitted by.them fora new on sale club license which they.had considered and denied at the last meeting. Mr. Norman Highum, State President of the Moose Lodge, was also present and outlined the purpose and functions.of-their lodge and also urged that they be granted,a license.. Mr. Fred Paulson.of 306 13th Avenue S. E. and Mr. John Jennison of 1301 - 2nd Street N. W., members of the local lodge, were also heard 1 1 1 C� 1 Record of Official Proceedings of the'Common Council 420 of the City of Rochester, Minn., November 20, 1972 in favor. Mr. Robert Zachary of 1307 29th St. N. W, President of,the local N.A.A.C.P., t1r. George Gibbs of 2020 24th Street N. W., Mr. Wm. Jones of 1050 17th Avenue N. W. and Mr, Wayne Hall of,531 21st.Street N. W. urging that the Council uphold their ordinance and make the clubs follow the regulations. A lengthy discussion was held but no action was taken by the Council so the original action to deny the application stands. Mr. J. Bagne, President of the Chamber of Commerce, was present and submitted a compilation of letters, budgets, job description, management structure, etc. to familiariz them with the Chamber's_Community,Development concept. Copies of this information was • presented to each Council member for their study and information. Resolution approving resolution adopted by the Public Utility Board authorizing them to_enter into purchase order contract with Westinghouse Electric Company for trans- formers (9,271.00). Upon motion by Strain., second by Mayer, and all voting in favor, resolution adopted. Resolution approving resolution.adopted by the Public Utility Board authorizing them to enter into purchase order contract with Crescent Electric Company for,transformers ($7,756.00). Upon motion by Larson, second by Powers, and all voting in favor, resolution adopted. , Resolution vacting the westerly 124.58 feet of the East-West alley in Block 17, Original Plat. Upon motion by Kamper, second by Larson, and all voting in favor, ;,except - McNary'and Powers who abstained, resolution adopted. Resolution approving contract between City of Rochester and George and Marion Baihly for street grading, surfacing and public utilities in entrance road of Green Meadows Second Subdivision. Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. Resolution approving contract between City of Rochester and Collegiate Enterprises, Inc. for watermain construction in utility easement, Penningston Second Subdivision for Broadmoor Apartments, Planned Unit Development, Upon motion by Larson, second by Mayer, and all voting in favor, resolution adopted. • Upon motion by Strain, second by Mayer, and all voting in favor, the City Attorney was instructed to prepare a resolution supporting the County Board and the Cougtyy Auditor in efforts to change the State Law in counting absentte ballots. Alderman McNary reported that a report from the Police Department had been received violating the ordinance governing sale of 3.2 beer by the Alibi Inn; no action was taken but a hearing was to be set to hear the owner and operator of Alibi Inn. Upon motion by Powers, second by Kamper, and all voting in favor, the meeting was adjourned until 5:00 o'clock P. M. on November 27, 1972. INFORMATION 11/20/72 1. Minutes of standing committees 11-13-72 Aity Clerk 2. Claim for Injury - Robert & Gayel Nelson of 1516 4th Ave.N.W. 3. Claim for Injury - Michael Barger 4. Claim for Damage to Property - Louis Bennett of 840 19th St. N.W. 5. Peoples Natural Gas have filed a notice of change in the retail rates for natural gas due to a purchased price ad'ustment 6. petition to annex school property in Marion Townsip - referred to Planning & Zoning