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HomeMy WebLinkAbout03-05-1973r'74 . „ Record of Official Proceedings of tl a"do"mmon Council of the City of Rochester, Minn., March :S, < 1973. 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. March 5, 1973: 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 -held on February 20, 1973 and February 21, 1973.were approved with the following correction: Febrkary 20, 1973, page 2, line 34, add that Alderman Larson "abstained". Upon motion by Strain,.second by Kamper, and all votingin favor, the Mayor's appointment of. James W. Preiss of 211 loth Street N. W. to the position of patrolman on the Rochester Police Department was approved.')(date of.employment to be.effective March 19,. 1973) Upon motion by Powers, second by Kamper, and all voting in favor., a resolution was adopted referring improvement petition for extension of watermain to Program Park First Subdivision to the City Engineer and Public Works Committee for determination of adequacy, feasibility report and recommendation. Upon motion by McNary, second by Mayer, and all voting in favor, a resolution was adopted instructing the City Clerk to advertise for sealed proposals for furnishing a two way Radio Base Station for the Police and Sheriff's Department. Upon motion by Strain, second by Powers, and all voting ii� favor, the City Attorney was instructed to prepare a resolution initiating condemnation proceedings for the necessary sewer and water easements needed for the proposed local improvement of sewer and water to serve property owners on 30th Place Northwest. Application for transfer of 3.2 beer license presently held by Richard Hargesheimer at the premises known as Richard's Roost to James A. Psomas at the same location. Upon motion by Kamper, second Strain, and all voting in favor, the transfer of the license was granted. Upon motion by Strain, second by Powers, and all voting in favor, a resolution was adopted determining adequacy of improvement petition, receiving preliminary report and ordering a public hearing and directing preparation of plans ans specifications for a section of sanitary sewer trunk line along the east line of Section 12 Rochester Township from the north line SEk NEk to the south line NE'k SEk; plus watermain along the west side of T. H. 52 from north line to south line of SWk NWk Section 7 Marion Township (to Rochester Villas). The owner agreed to the following assessment method (1) a lump sum assessment at the established rates against the developed portion of the property (approximately 9.5 acres) which would be due in one payment when levied and (2) assessments levied against the balance of the "Conway 11 acre tract" and the balance of the "DeWitt tract" totaling approximately 11.5 acres which would be spread over a payment period of 3 years andthe City Attorney was instructed to prepare the necessary agreement. Upon motion by Kamper, second by McNary, and all voting in favor, the two following 1 • 1 I • 1 is Record of Official Proceedings of the "Cornmon Council of the City of Rochester, Minn., March 5, 1973 rI 47 - - -- --- - - -- -- - --- -- - -- - -- - - - — --- - -- 1 • 1 P� 1 resolutions were adopted (a) resolution approving and accepting assignor nt:of additional securities $100,000.in lieu of a depository bond from Northewestern National Bank of Rochester and (b) resolution approving and accepting assignment of substituted securities in the amount of $445,000 in collateral in.lieu of a depository bond from First National Bank of Rochester. A motion was made by McNary, second by Kamper, and passed unanimously that the semi-monthly bills, list attached, in the amount of $128,716.58 be approved. Recommendation of Planning & Zoning Commission that the application for a planned unit deyelopment (concept statement) on Lot.l,,Block 6,Valhalla 4th Subdivision be granted approval. A motion was.made by Strain,.second by Powers, that the recommendat be accepted and the City Attorney be instructed to prepare.the necessary resolution. Alderman Larson inquired as to the fire equipment being able to get to this because the streets as shown seemed to be very narrow and dead ended, the Fire Chief indicated that there seemed to be no probem here. Alderman.Kamper questioned why the paper listed so many properties with unpaid taxes in Valhalla 4th Subdivision and said she felt these should be paid before approval is given to the development. Mr. Vern Suter representing Metro Development said he knew nothing about the back taxes but promised to see that they were paid as soon as possible. A motion was made by Alderman Larson that this matter be tabled but his motion was lost for want of a second. Mr. Tom Moore, City Planning Director, reported that this was just the concept of the planned unit development and detailed plans such as platting would have to be approved by the Common Council before any construction work could be done. President Postier called for a vote on the original motion and all voting in favor except Alderman Larson who voted "nay", the motion was carried and the City Attorney instructed to prepare the necessary resolution. Recommendation of Planning and Zoning Commission that the preliminary plat of Oak Terrace First Subdivision be granted approval. Upon motion by Strain, second by Larson; and all voting in favor, the recommendationwas accepted and the preliminary plat granted approval. Recommendation of Planning and Zoning Commission that the preliminary plat of Program Park First Subdivision be_granted approval. Upon motion byMayer, second by Strain, and all voting in favor, this was tabled until the land in question is annexed. Upon motion by Kamper, second by Powers, and all voting in favor, two resolut were adopted (a) resolution declaring cost to be assessed,and ordering preparation of pro- posed assessment and (b) resolution ordering a hearing on the proposed assessment for sanitary sewer and watermain and strom sewer on East River Road (3rd Avenue Ni E.) from 27th Street N. E. to 580 feet south of 24th Street N. E; Upon motion by Larson, second by Powers, and all .voting in favor, two resolut were adopted (a) resolution declaring cost to be assessed and ordering preparation of pro- posed assessment and (b) resolution ordering a hearing on proposed assessment for street Record of Official Proceedings of the "Common Council of the City of -.Rochester, Minn., March 5, 1973 grading and surfacing, sanitary sewer, storm sewer and watermain service connections stubbed into boulevard on 24th Street N. E. from East River- Road (3rd AvenueN.E.) to Trunk Highway 63 North. Upon motion by Larson, second by Kamper, and all voting in favor, two resolutions (a) resolution declaring cost to be assessed and ordering preparation of -proposed assessment and (b) resolution ordering a hearing on the proposed assessment for the following five (5) projects: 1. -New Sidewalk Project #1-1972 East side of 18th Avenue N. W. from 33rd Street N.W. R.O.W. north to sidewalk inplace 2. New Sidewalk Project #3-1972 South side of 22nd St...N.W.-17th Ave to 21st St. N.W.; Sly side 21st St. N.W.-13th Avenue to 14th Avenue N.W.; Ely side 14th Ave N.W.-Elton Hills Drive to 15th Ave. N.W.; Wly side 23rd Avenue N.W. from 26th St. N.W. South to sidewalk inplace; north side 19th Street N.W.-18� Avenue N.W. to west frontage Highway 52. 3. Sidewalk Replacement Project #I-NW-72 Area! between North Broadway and 3rd Street N. W. to 13th Street N.W. 4. Sidewalk Replacement Project #2-NW-72 Area between 2nd Avenue N.W. and Cascade Creek and 5th Street N.W. to 13th Street N.W.; west side of 7th Avenue N.W. from 14th Street north 9 lots 5. Sidewalk Replacement Project #2-2,3,4,5-SE=71 Area between 9th Street S. E. south to 13th Street S.E. and 1st Avenue S.E. east to Bear Creek. Upon motion by Mayer, second by Kamper, and all voting in favor, a resolution was adopted instructing the City Clerk to advertise for bids for installation of a fixed time traffic signal and street lights at 14th Street and llth Avenue N. W. (bids to be opened at 11:00 A. M. on March 28, 1973). Request of 0. A. Stocke & Company to close the following public streets for approximately six months for the construction of the expansion to the Methodist Hospital ;(1st Street N. W. between the north -south alleys that run along each side of the Methodist Hospital between 1st Avenue N. W. and 3rd Avenue N. W. and 2nd Avenue N. W. between 1st Street N. W. and one-half block north of lst Street N. W. Upon motion by Larson, second by McNary, and all voting in favor, the request was approved. Upon motion by Larson, second by Powers, and all voting in favor, the two following resolutions were adopted (a) resolution referring proposed improvement for feasibility report and recommendation and (b) resolution receiving preliminary report, ordering a;:;public hearing and directing preparation of plans and specifications for street improvements on 2nd Street S. W. between llth Avenue and 16th Avenue S. W. Resolution approving Public Utility Board Resolution passed February 27, 1973 for purchase order contract with Pitney -Bowes, Inc. for furnishing one Integrated Mailing System in the amount of $11,770.00. Upon motion by Kamper, second by Larson, and all voting in favor, resolution adopted. Resolution amending the Parking Resolution as follows: (1) Section E, Passenger Loadi�Zones, Paragraph (3), is hereby deleted in its entirety. (2) Section I, Parking Meters, Zone A (12 minute parking) is hereby amended by adding a new Paragraph (1.5) to .read as follows: "(1.5) South Broadway on the east side of the street in front of the premises known as the Holidy Inn Downtown from a point approximately 110 feet north of Third Street Southeast for a distance of 75 feet, more or less." Upon motion by Larson, second by Strain, and all voting in favor, resolution adopted. 77 LJ C� 1 1 L� I 0 Record of Official Proceedings of the"Common' Council of the City of Rochester, Minn., March 5. 1973 1 0 1 1 1 Resolution amending the Parking Resolution as follows: (1) Section C, Special Parking Zones, is hereby amended by adding.a new Paragraph (14.5) to read as follows: "(14.5) Eighth Avenue Southeast on the east side of the street for a distance of 140 feet moreor less centered on a point approximately 205 feet south of llth Street Southeast". (2) Section C, Special Parking Zones, is hereby amended by adding a new Paragraph (17.5) to read as follows: "(17.5) Eleventh Street Southeast on the south side of the street for a distance of 140 feet more or less centered on a point approximately 125 feet east of 8th Avenue." Upon motion by Strain, second by Powers, and all voting in favor, resolution adopted. Resolution recommending to the Legislators from this District approval of S.F. No. 614 relating to the County of Olmsted and the annexation by any City or Village of land comprising a joint district for public water and sewer improvements. Upon motion byl Powers, second by Larson, and all voting in favor, resolution adopted. Resolution requesting the Minnesota State Legislature that they amend the laws governing the issuance of liquor licenses in the 1973 session, to prohibit the issuance of licenses to clubs or fraternal organizations whose membership is restricted because of l . ,race, color, creed, religion, or national origin:. Upon motion by Mayer, second byKamper, and all voting in favor, resolution adopted. An Ordinance annexing to the City of Rochester, Minnesota certain land in Section 16, Township. 107 North, Range 14 West, Olmsted County Minnesota and establishing the zoning therefor (Hoffman property) was given its first reading. An Ordinance annexing to the City of Rochester, Minnesota, certain unplatted land not exceeding 200 acres in area, all being in Section 5, Township 106 North, Range 131 West, Olmsted County, Minnesota (Skyline School Property) was given its first reading. Upon motion by Kamper, second by Strain, and all voting in favor, the City Attorney was instructed to prepare a resolution supporting legislation which would allow municipalities to set school speed zones and speed zones in parks. Upon motion by Strain, second by Larson, and all voting in.favor, the meeting was adjourned until 7:30 o'clock P. M. 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. Hearing on proposed amendments to Sections 64.361, 65.656 and Table 3 of the Zoning Ordinance. Mr. Art Swan, Attorney was present representing Mr. James.Sadler; he urged that the above amendments to the Zoning Ordinance be adopted but also called attention to the Council of the problems he felt were created by the establishing of an I District in a 30 block area located between 6th Avenue and 1st Avenue East and West and 2nd Street N. W. and.4th Street S. W., he said this change was made without notifying any of the people involved and he felt it should be reviewed by the Council. Mr. Jack Holt operator of the Campbell Hotel was also present and urged that the amendments be approved. There was no one else present wishing to be heard. President Postier declared the hearing 0 4-78 Record of Official Proceedings of the xCoin:rno' h" Council of the City of Rochester, Minn., March'5, 1973 • fficially closed. A motion was made by Strain, second by Kamper, that -the recommended changes r on 64.301, 65.656.and,Table #3 by the Planning.& Zoning.Commission be accepted and the. City.,,, Attorney be instructed to prepare the necessary ordinance; all voted in favor except Alderman son who "abstained". A motion was then made by Mayer, second by Strain, that the matter -of institution ing be referred to the Committee of the Whole; all voted in favor. Hearing on establishment of bus stops. There was no one present wishing.to be eard. President Postier declared the hearing officially closed. Mr. Jack Dolan, Traffic ngineer, submitted maps showing the various bus routes recommended; and recommended that arking be removed on the heavier traveled streets and that minor residential streets be dentified with only a Bus Stop sign, the stops where parking will be removed will vary from 80 eet to 140 feet which are standard recommended lengths, the length varys depending if the stop ld be near -side, far -side or mid -block; the stops where parking will be removed will require removal of 12 parking meters and 3 passenger loading zones; the meter and passenger loading e locations are as follows: (a) 3 Passenger -Loading Zones -East side of Plummer Building on 2nd Avenue S.W. (b) 2-60 Min. Meters -East side of,Plummer Building on 2nd Ave. S.W. (two of these meters are located -on the above passenger loadings for use on Saturdays these should be removed anyway) (c) 2-90 Min. Meters in front of Old Library on South side of 2nd St. S.W. (d) 4-90 Min. Meters near Methodist Hospital on north side of Center Street just east of 3rd Avenue (e) 4-90 Min. Meters in front of St. Mary's on 2nd St. S.W. y are recommending 183 bus stops of which 108 will have parking removed; the estimatedcost sign and materials is $3,300 which is not included in our 1973 budget. Mr. Dolan ecommended that the 6 stops,o,the north side of 2nd Street S.W. between 4th Avenue and 23rd venue be deleted. Upon motion by McNary, second by Powers, the recommendation was approved the City Attorney was instructed to prepare a resolution establishing bus routes, etc.; all ted in favor. (the traffic engineer was requested to keep the Council advised as to any bjections once this stop pattern has established). Upon motion by Kamper, second by McNary, and all voting in favor, two resolutions were adopted (a) resolution referring proposed improvement for feasibility report and recommenda- tion and (b) resolution receiving preliminary report and ordering a public hearing and directing eparation of plans and specifications for street improvements project on 14th Avenue S. W. tween 2nd Street S. W. and St. Mary's entrance. Resolution recommending to amend Section 153 of the Charter of the City of chester to delete the requirement that Superintendent of the City Electric Light Plant must e an experienced Electric Engineer. Upon motion by Larson, second by Strain, and all voting n favor, resolution adopted. Resolution initiating condemnation proceedings to acquire property in Allendale bdivision for sewer and water facilities. Upon motion by McNary, second by Larson, and all ting in favor, resolution adopted. Resolution granting preliminary approval of concept statement for Planned Unit �J 1 1 E-I J 1 0 1 1 Record of Official Proceedings of the "Common Council g , of the City of Rochester, Minn., March .5, 1'971 Development in Lot 1, Block 6,-Valhalla 4th Subdivision. Upon motion by.Strain, second by Larson,; .and all voting in .favor;,, resolution adopted., . , r , 1 e , , A motion was made by Powers, second by Kamper, that the rules be suspended.and and?Ordinance annexing to the City of Rochester, Minnesota certain land in Section 16, - Township 107 North, Range 14 West Olmsted County, Minnesota and -establishing the zoning therefor (Hoffman Property) be given its second reading but upon roll call Alderman Mayerl voted "nay". President Postier 4i9tecl:;that the City Attorney had reported to him on the matter of the_ charge against the Alibi Inn.(Kenneth Roy Culberson) at 104 East Center St. which was to intentionally sell or serve malt liquors to minors and when they took it to court they changed the charge to allowing minors to drink on premises and allowing them to loiter on premises; apparently the City changed the charge and the owner plead guilty to that and paid a fine of $300.00, they did not take the original charge of selling. There was some question under the above circumstances as to whether the City could suspend the license for 30 days. Upon motion by Kamper,.second by Strain, and all voting in favor, this matter was referred to the Public Safety Committee. Upon motion by Larson, second by McNary, and all voting in favor, the meeting was adjourned until 8:00 o'clock A. M. on March 14, 1973. . City Clerk INFORMATION 3-5-73 1. Minutes of the.Standing Committees 2-26-73 2. Notice of Claim, Monte and Gray (referred.to Attorney, Insurance, Park Dept.) 3. Notice of Claim, Crossroads Shopping Center (referred to Attorney, Insurance) 4. Notice of Claim, Edward Livingston (referred to Attorney, Insurance, Public Works) 5. Northwest Airlines, Ozark Airlines and North Central Airlines have obtained a temporary injunction.against the City, enjoining the City from enforcing the airport boarding fee ordinance. A hearing on the ordinance has been set for March 19, 1973 at 10:00 A. M. in the Federal.Court Building. 6. Referred to Planning and Zoning: a. appeal from Zoning Administrator's decision, Jon Webster,,735 12th Ave. N.E. b. petition for annexation of approximately 35 acres, Duane Johnson, 1262 Marion Rd. c. petition for annexation of 134.6acres R.O.R. Corp & Radeiekel Realty Company P. 0. Bos 167, Mankato, Minnesota d. application for a variance at 20 5th Avenue N.W. (James R. Sadler) e. application for variance from subdivision regulations (Kruse Co. Meadows 1st Sub) 9