HomeMy WebLinkAbout12-04-1972Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 4, 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 December 4, 1972.
A-`motion.was.made by Strain, second -by McNary, that Alderman Larson be appointed
as President pro.tem, all present voted in favor.
President pro tem Larson called the meeting to order at 2:00 o'clock P. M.,
the following members.being.present: President pro tem Larson, Aldermen Kamper, McNary,
Powers, Strain. Absent: Alderman Mayer and President Postier.
Upon motion by Powers, second by Strain, and all present voting in favor, the
• minutes of the meetings -of November.20th and November 27th, 1972 were approved.
Letter signed by J. E. Koskovich, P.E., submitting his resignation as
Director of the Building and Safety Department effective February 28, 1973. Upon motion
by McNary, second by Powers, and all present voting in favor, the resignation was accepted.
Recommendation of Planning & Zoning.Commission on. -proposal to plant trees
behind the curb in fzont of Michael's Restaurant, they feel these trees would help to
enhance the general appearance of downtown and as such they are in favor of the proposal,
however, there are certain physical problemen that should be resolved with the appropriate
utility companies (1) there is an electric.cable located about one foot back of the curb
and it is.about one foot deep and its location is close to where the tree trunk would be
located (2)• there are also several gas services coming from Broadway to the buildings that
will have to be located so they can be missed (3) the Water Department has some water shut
offs located behind the curb line, these should be located and worked around (4) the
applicant should also check on the care and maintenance of trees in sidewalks and exposed
to salts used in the winter, assuming these physical problems can be resolved, they
recommend that the application be granted approval. Upon motion -by McNary, second by
present
Strain, and all/voting in favor, the recommendation was accepted and the City Attorney was
instructed'to prepare the necessary documents. (The Planning Department was instructed to
recommend procedures and standards in ordinance form on future requests).
Recommendation of Planning & Zoning Commission that the petition to annex the
Golden Hill School be approved and that this annexation include the small trianguler piece
of highway right'eof-way excluded in the legal description. Upon motion by Strain, second
by McNary, and all present voting in favor, the recommendation was accepted and the City
Attorney was instructed to prepare an ordinance for subsequent adoption.
Recommendation of Planning & Zoning Commission that the petition to.annex the
Pinewood School be approved. Upon motion by McNary, second by Kamper, and all present
voting in favor, the recommendation was accepted and the -City Attorney was instructed to
prepare an ordinance for subsequent adoption.
Recommendation of Planning and Zoning Commission that the application for
approval of the preliminary plat of Indian Heights Fourth Subdivision be approved subject
to at least one vehicular access being provided to the land to the west. The Park
Department is currently seeking funding to acquire this property and other lands in this
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., December 4, 1972
area for park purposes.. Mr..Curt Taylor, Superintendent of Parks and Recreation, was present
and said they.had received a letter just today which indicated.that.they would be receiving
funding, he said he thought this could be worked out.with the State Planning .Department within
the next 30 days. A motion was made by Kamper, second,by Powers, that this matter.be tabled
.until the first meeting in January. Mr. Robert Springer, the owner and developer of Indian
Heights, was present and said he could see no reason for delaying.this any longer, he said he
had offered this land to the Park Department for sale in 1966 and subsequentlya.number of times
since.then and now.felt that as long as he has the land platted and ready there was no reason
for any further delay. All voting in favor of the motion, the matter was tabled until
January 2, 1973 to allow the Park.Department 30.days to further work with the State Planning
Department.
Copies of the proposed Rules and Regulations of the Department of Taxation and
Comments on proposed Tax Levy Limit Regulations by the. League of Minnesota Municipalities had
been previously distributed and considered the Committee of the Whole. Upon motion by -Strain,
second by McNary, and all.present voting in favor, the following resolution was adopted and
ordered to be sent.to the Commissioner of Taxation as testimony for the hearing held on
'+;November 22nd on the proposed rules and regulations:
"BE IT RESOLVED by the Common Council of the City of Rochester, Minnesota
that the proposed rules and regulations of the Department of Taxation prepared
to satisfy the requirements of Minnesota Statutes 1971, Section 275.55 should
be given further consideration, particularly as follows:
1. The section TLL2, P. 10 regarding special levies for public
pension plans applying to OASI. This is technically a
Federal Insurance program;.and furthermore the costs are in
the nature of a federal requirement over which local
government units have absolutely no control; therefore the
Common Council suggests that the tax levy for "Public Law
92..5 pertaining to employer's contributions for social
security", be considered a special levy.
2. That the Commissioner of Taxation establish sufficient
criteria so that the municipality would know when a reduction
of levy would occur in the area of special.levies.
3. That the option of choosing the penalty provisions of Section
275.51, Subdivision.4 instead of reducing the excess levy or
vice versa be the municipality's instead of the Commissioner
of Taxation."
Mr. James R. McDonagh,-Consulting Engineer, was present.and presented a letter
stating that he had been retained by the Rochester Chapter of the National Association of Home •
Builders to research and investigate the recently adopted Flood Zoning -requirements, he said
he thought it would take about.four weeks to receive, read,.write and report on the various
information and when this had been completed.by him he would present his report to the
Council. The Planning Department was also requested to further study these requirements.
An Ordinance amending Ordinance No. 1466 establishing within the City an Urban
Service District and a Rural Service District as separate taxing districts .(311.15 acres in
Northwest Rochester except those portions of property which have been platted as Elton Hills
East 9th and loth Subdivisions) was given its second reading. A motion was.made by Strain,
second by Powers, that the said ordinance be adopted as read and all present voting.in favor,
President pro tem Larson declared the said ordinance duly passed and adopted.
Record of Official Proceedings of -the Common Council
of the City of Rochester, Minn., December 4, 1972
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An Ordinance amending the Zoning Map adopted by the Rochester Code of Ordinances
Section 60.502 (ordinance No. 1659)(rezoning Ba My property in Southwest Rochester from
R-1 and R-1FF-to R-4 and B-3) was given its second reading. A motion was made by Powers,
second by Kamper,:,that the.saidrordinance.:be-*cadopted-,as read and all present voting in
favor, President pro tem Larson declared the said ordinance duly passed and adopted.
An Ordinance relating to Subdivisi6n-.Regulations &'PlaittingiProperty; amendin
Rochester Code of Ordinances Sections 4.1.203,',41,203and 410300 as adopted by Ordinance
No. 1640 (amending subdivision regulations to require a certificate from the County
Surveyor that the plat has been checked -for accuracy and compliance with state platting
laws and to provide for.development of planned unit developments) was given its. -second'
reading. A motion was made by McNary, second by Strain, that the said ordinance be
adopted as read and all present voting in favor,.President pro tem Larson declared the
said ordinance duly passed and adopted.
Resolution determining and recommending that it is in the best interest of the)
City that the proposed annexation of North.2 of South 2/3 of Lot 6, Block 15, Golden
Hill Addition be approved and that in order to create a more meaningful corporate limits
of the City of Rochester the proposed annexation be enlarged to include that portion of
the East half of Blocks 9, 15 and 21, Golden Hill Addition which are not presently a
part of the corporate limits of the City. Upon motion by Powers, second by McNary, and
all present voting in favor, the resolutionwas adopted and the City Clerk was instructed
to send a copy to the Minnesota Municipal Commission.
Resolution that the position of adult -crossing guard at the intersection of
Third Avenue and 16th.Street .Southeast is hereby abolished. Upon motion by Kamper,
second by McNary, and all voting in favor, the resolution was adopted.
Resolution amending the Parking Resolution as follows:
:1) Section B., No Parking Zones, is hereby amended by adding
Paragraph (18) to read as follows:
"(18) Sixth Avenue Southwest on the west side of the
street from First Street North to the alley."
(2) Section E, Passenger Loading Zones, Paragraphs (18), (25)
and (85) are rescinded in their entirety.
(3) Section I, Parking Meters, Zone A (12 minute parking) is
amended by adding a new Paragraph (23) to read as follows:
"(23) Third Street Southwest on the south side of the
street, 40 feet more or less immediately west of the
alley between Broadway and First Avenue Southwest."
(4) 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 A. M.
to 9:00 P. M. on Monday through Saturday."
Upon motion by-Kamper., second by Powers, and all present voting in favor, the resolution)
was adopted.
Resolution approving purchase order contract passed by Public Utility Board*
for furnishing cable in the amount of $18,569.50 with the Judd Company. Upon motion by
Strain, second by Powers, and all present voting in favor, the resolution was adopted.
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Record of Official Proceedings of the Common Council
of .the City of Rochester, Minn., December 4, 1972
Resolution approving Lease Agreement between the City and Neuman Air Charter, Inc.
leasing a portion of Hangar "B" at the.Rochester Municipal Airport. Upon motion by McNary,
second by Powers, and all present voting in favor, the resolution was adopted and the Mayor
and City Clerk directed to execute.the said lease agreement.
Recommendation re 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 was tabled from the
last meeting to this meeting:ko„allow.time to.get an appraisal from some realtor.:as=.to the
value of the improvement to -the various lots. C. A. Armstrong, City Engineer, reported that
such an appraisal had not been obtained as yet. Upon motion by Kamper, second by McNary, and
all.present voting in favor, the recommendation was tabled until December 18, 1972.
Upon motion by Kamper, second by Powers, and all present voting in favor, the meeting
was adjourned until 7:30 o'clock.P. M. _.
President pro tem Larson called the meeting to order at 7:30 o'clock P. M., the
following members being present: President pro tem Larson, Aldermen Kamper, Mayer, McNary,
Powers, Strain. Absent: President Postier.
Hearing on proposed amendment to Sections 64.307, 64.308 and 64.503 of the.Zoning
Code (Approval Procedures for Planned Unit Developments). The recommendation of the Planning
and Zoning Commission stated that these -proposed amendments are administrative in nature but
would result in considerable dollars avings to the City in eliminating the necessity to publish
the site plans for planned unit developments and recommend that the amendments proposed be
granted approval. There was no one present wishing.to be heard. President pro tem Larson
declared the hearing officially closed. A motion was made by Kamper, second by Strain, that
the recommendation be accepted and the City Attorney was instructed to prepare the necessary
ordinance; all present voted in favor.
A motion was made by Kamper, second by Strain, and passed unanimously, that the
semi monthly bills, list attached, in the amount of $232,624.88 be approved.
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 Strain, second by Kamper, and upon roll call and
all present voting in favor, the rules were suspended and the ordinance was given its second
reading. A motion was then made by Mayer, second by Powers, that the said ordinance be adopted
as read and all. present voting in favor, President pro tem Larson declared the said ordinance
duly passed and adopted.
Upon motion by Mayer, second by Strain, and all present voting in favor, the meeting
was adjourned until 7:30 o'clock P. M. on December 18, 1972.
INFORMATION 12/4/72 City Clerk
1. Minutes o tanding Committees 12-20-72 and 12-27-72
2. .Letter from Elks Lodge - Referred to Committee of Whole
3. Letter from Universal Ford - Referred to Committee of Whole
4. Notice of Appeal on Assessments - Referred to Attorney (Paul Moore)
5. Claim of Damages - Christy Forsberg — Referred to Attorney
6. Referred to Planning - variance at 2nd Street & 14th Avenue S.W.
(Richard Blondell)
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