HomeMy WebLinkAbout03-26-1973Record of Official Proceedings of the Common Council
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of the City of Rochester, Minn., March 26, 1973
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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
March 26, 1973.
President Postier called the meeting to order at 7:30 o'clock P. M., the
following members being present: President Postier, Aldermen Kemper, Larson, Mayer,
McNary, Powers, Strain. Absent: None.
Upon motion by Kamper, second by Strain, and all voting in favor, the minutes
of the meetings held on March 5th, March 14th and March 19th, 1973 were approved.
Hearing on New Sidewalk Project #1-1972 (J8425) - East side of 18th Avenue
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from 33rd Street Northwest R-O-W, north to sidewalk inplace. There was no 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, a resolution was adopted
levying assessments for the above local improvement.
Hearing on New Sidewalk Project #3-1972 (J8418) - Sly side of 22nd Street N.W.
from 17th Avenue N. W. to 21st Street N. W.; Sly side 21st Street N. W. from 13th to 14th
Avenue N. W.; Ely side 14th Avenue N. W. from Elton Hills Drive to 15th Avenue N. W.;
westerly side 23rd Avenue N. W. from 26th Street N. W. south to sidewalk inplace; north
side 19th Street N. W. from 18k Avenue N. W. to west frontage Highway #52. 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 assessment for the above local improvement.
Hearing on Sidewalk Replacement Project #1-NW-72 (J8422) - Area between North
Broadway and 2nd Avenue N. W. and 3rd Street N. W. to 13th Street N. W. There was no one
present wishing to be heard. President Postier declared the hearing officially closed.
Upon motion by Powers, second by Kamper, and all voting in favor, a resolution was adopted
levying assessments for the above local improvement.
Hearing on Sidewalk Replacement Project #2-NW-72 08423) - Area between 2nd
Avenue N. W. and Cascade Creek and 5th Street N. W. to 13th St. N. W.; west side of 7th
Avenue N. W. from 14th St. N.W. north 9 lots. Mrs. George Lynaugh of 919 4th Avenue N. W.
inquired what the assessment was for and was told it was for 2.9ft of 4" sidewalk put a
the side of the lot, totaling $16.80. Mrs. Gerald Peterson of 530 3rd Avenue N. W. was
present and inquired when this work was done and was told this was for sidewalk that was
constructed last summer. There was no one else present wishing to be heard. President
Postier declared the hearing officially closed. Upon motion by Kamper, second by Powers,
and all voting in favor, a resolution was adopted levying assessments for the above local
improvement.
Heating on Sidewalk Replacement Project #2 (2,3,4 & 5-SE-71)(J8424) Area
between 9th Street S.E. South to 13th Street S. E. and 1st Avenue S. E. East to Bear Creek.
Letters of complaint of cracked sidewalks were received from Laura Wilder of 1023 - llth
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Record of Official Proceedings of the 'Comi on Council
of the City of Rochester, Minn., March 26, 1973
Street S. E. and Mabel L. Enderson of 702 - 9th Street S. E. Mr. Samuel Wade of 1207 - 10th
Avenue S. E. and Mr. Edward Ratting of 427 12th Avenue S. E. were each heard in regard to
their assessments, they said the State of Minnesota owned or had easements for the land
along which the sidewalk was built and they felt they should not be assessed for this
sidewalk. They were told the assessment is figured like all other assessments and is assessed
against the benefited property owner. Mr. Ray Price of 946 - 10th Street S. E. was present
and inquired where the sidewalk would be placed on llth Avenue above him; C. A. Armstrong,
City Engineer, said there is an established R-O-W for llth Avenue south of loth Street but
not north of loth Street and he did not know where sidewalk would be put north of loth Street
or if it would ever be constructed through there. There was no one else present wishing to be
heard. President Postier declared the hearing officially closed. Upon motion by McNary,
second by Kamper, and all voting in favor, a resolution was adopted levying assessments for the
above local improvement.
Upon motion by Larson, second by Strain, and all voting in favor, the letter
from William H. Hill of 1113 2nd Avenue N. W., complaining about the water standing on his
sidewalk, was referred to the Public Works Committee.
Hearing on proposed assessment for sanitary sewer and watermain and strom sewer
on East River Road (3rd Avenue N.E.) from 27th Street N. E. to 580 feet south of 24th Street
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N. E. Mr. Ralph Frederickson of 2530 - 3rd Avenue N. E. questioned the installation of water
and sewer being stubbed into the lots in Sehls First Subdivision and wondered if they were
included in the total cost; C. A.Armstrong explained that each lot where the improvements were
stubbed in were charged separately for this but there was no assessment where -the improvements
were not stubbed in; he also inquired about the deferred assessments and was told that the
assessments were deferred for the property outside the City but the deferred assessment was
figured the same as the assessment to the property in the City. Mr. Dwight Boutelle of 2540 -
3rd Avenue N. E. and Mrs. Francis Sehl of 2410 Riverview Heights were each heard. There was
no one else present wishing to be heard. President Postier declared the hearing officially
closed. Upon motion by Strain, second by Powers, and all voting in favor, a resolution was
adopted levying assessments for the above local improvement.
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Hearing on proposed assessment for street grading and surfacing, sanitary sewer,
storm sewer and watermain service connections stubbed into the boulevard on 24th Street N. E.
from East River Road (3rd Avenue N. E. ) to-T. H. 63 North. Mr. Franklin Michaels, Attorney
representing Olmsted Federal Savings & Loan, was present and obf4cted to the assessment in the
amount of $9,004.86 to Lot 1 Christensen Sehl Subdivision which he felt in no way benefited the
property that much. President Postier stated that this lot had a front footage of 198.96 feet
and was assessed at the same per front foot rate as all the other property in this area. Mayor
Day recommended to the Council that they settle for about $6,000 as the assessment. Alderman
Larson said he felt some consideration should be given to these lots of unusual nature and if
the costs of the assessments exceeds the benefits there should be something done. There was no
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Record of Official Proceedings of the,.Common Council
of the City of, Rochester, Minn., March 26, 1973
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one else present wishing to be heard. President Postier declared the hearing officially
closed. Upon motion by McNary, second by Kamper, and all voting in favor except Aldermen
Larson and Mayer who voted -"nay", a resolution was adopted levying the assessments as
proposed on the above focal improvement.
Upon motion by Larson, second by Powers, and all voting in favor, the City
Administrator was authorized to advertise for a Fixed Base Operator at the Rochester
Municipal Airport. in accordance with the memorandum previously submitted and dated March 15,
1973 (advertisements will be placed in major newspapers throughout the nation, with an
anticipated opening of proposals on May 4, 1973).
Upon motion by Kamper, second by Strain, and all voting in favor, a resolution
was adopted approving and accepting assignment of substituted securities in the amount of
$325,000 in lieu of a depository bond from the First National Bank.
Upon motion by Powers, second by Kamper, and all voting in favor, the fol
applications for renewal of licenses were approved and the City Cleric was instructed to
issue the licenses:
On Sale Liquor License
Sheroc'Coproration - Holiday Inn Down Town
SAY Corporation dba DEpot House
Howard Johnson Company
The Kahler Corporation
The Tropic Lounge, Inc.
Skyways of Rochester, Inc.
Sonor Hotel Corp..dba Holiday Inn South
Belle Lynn, Inc. dba Hollywood Bar
The Town House of Rochester
Roxy Bar
G & A Grubb, Inc. dba North Star Bar
Happy Warrior
Broadway Restaurants Inc. dba Mr. T's
Michael's Supper Club
Hotel Carlton
Olde Heidelberg Inc. dba Bacchus
Graif Co. Inc. dba Louie's Bar
Rochester Hilton Hotel - George Baihly'
Sunday Liquor License
Sheroc Corp. dba Holiday. Inn Down'
SAY Corp. dba Depot House
Howard Johnson Company
The Kahler Corporation
Tropic Lounge, Inc.
Skyways of Rochester, Inc.
Sonor Hotel.Corp. dba Holiday Inn
South
American Legion Club
BPO Elks Club
Dance License
Sheroc Corp. dba Holiday Inn Downto
SAY Corp. dba Depot House
The Kahler Corporation
Tropic Lounge, Inc.
Belle Lynn Inca dba Hollywood Bar
The Town House Fonccester
Roxy Bar ' .
G & A Grubb Inc. dba North Star Bar
Upon motion by Powers, second by Kamper, and all voting in favor, the foll
license bonds were accepted and the surety thereon approved: All bonds in the amount of
$3,000.00-. The Kahler Corporation with The Fidelity & Casualty Company of New York as curet
The Tropic Lounge, Inc., Graif Co. Inc. dba Louie's Bar and Roxy Bar with the Western
Casualty & Surety'Company as surety; Skyways of Rochester, Inc. with Northwestern National
Insurance Company as"surety; Michael's Supper Club with The Travelers Indemnity Company as
surety; Sonor Hotel Corp. dba Holiday Inn South, The Town House of Rochester and Olde
Heidelberg Inc. dba Bacchus with Western Surety Company as surety; Sheroc Corp. dba Holidy
Inn Downtown with Fidelity and Deposit Company of Maryland as surety; Happy Warrior and
Broadway Restaurants, Inc. dba Mr. T's with Wisconsin Surety Corp. as surety; Say Corp. dba
Depot House and Hotel Carlton with U. S. Fidelity & Guaranty Company as surety; G & A Grubb
Ind. dba North Star Bar with Safeco Ins. Co. of America as surety; Howard Johnson Company
with Insurance Company of North America as surety; and Belle Lynn Inc. dba Hollywood Bar
with State Surety Company as surety.
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Record of Official Proceedings of the`'Cominoil Council
of _the City of Rochester, Minn., March 26, 1973
except Alderman Larson who "abstained",
Upon motion by Kamper, second by Powers, and all voting in favor/, the City
Attorney was instructed to prepare a resolution granting a variance to the provisions of
paragraph 41.400-1c of Ordinance No. 1558 as it applies to Lot 1, Block 10, The Meadows First
Subdivision.
Upon motion by Larson, second by Kamper, and all voting in favor, a resolution
amending the Parking Resolution as follows was adopted:
(1).Section B, No Parking Zones, Paragraph (182) is amended to read
as follows:
11(182) llth Avenue Northeast on the east side of the street from
a point approximately 150 feet north of Seventh Street to a point
approximately 220 feet south of Seventh Street; and on the west
side of llth Avenue Northeast from a point approximatelay 180 feet
north of Seventh Street to a point approximately 220 feet south of
Seventh Street at all times."
Upon motion by Larson, second by McNary, and all voting in favor, a resolution
was adopted approving the Maintenance Agreement between the County and City for 1973 pertaining
to County State Aid Roads and County Highways within the City of Rochester and authorizing the
Mayor and City Clerk to execute the said agreement.
Upon motion by Kamper, second by Powers, and all voting in favor, the
recommendations of the Fire Chief, proposed amendments to the State Building Code - Sprinklers,
were accepted and the Fire Chief was authorized to represent the City in submitting and
presenting these proposals to the Building Codes Standards Committee of the State of Minnesota.
Upon motion by Mayer, second by Kamper, and all voting in favor, the following
resolution was adopted:
BE IT RESOLVED that the Common Council of the City of Rochester, Minnesota,
respectfully submits that the following provisions of H. F. No. 295 proposing
amendments ,_to"thetPub.lic_Employmerit.Labor Relations Act are not in the best
interest of public employers such as -the City of Rochester nor in the best
interest of the people who are served by public employers, and recommends to
the Legislature of the State of Minnesota in the 1973 Session that said
amendments as proposed in H. F. No. 295 be deleted from the bill:
1. Sections 3 and 23 of H. F. No. 295, which by changing the
definition of a "supervisory employee" (M.S., 179.63, Subd. 9) and changing
the criteria for determining an "appropriate unit" (M.S., 179.71, Subd. 3)
would make most supervisory employees of the City of Rochester members of a
bargaining unit.
2. Sections 5 and 6 of said bill which by amending M.S. 179.64,
Subd. 1 and 179.64 Subd 7, would grant most public employees the right to strike.
3. Sections 9 and 10 of said bill which by amending M.S. 179.65, Subd.
6 and 179.66 Subd 4, would require public emplouers to extend exclusive
recognation to supervisory and confidential employees_ for purposes of negotiating
terms or conditions of their employment.
4. Section 16 of said bill which by ,amending M.S. 179.66, Subd. 3
(17) would exclude from unfair labor practices employees' insistence on
negotiating items not subject to negotiation under M.S. 179.63, Subd. 19.
5. Section 16 of said bill which by amending M.S. 179.68, Subd. 3
(12) would authorize a secondary boycott.
BE IT FURTHER RESOLVED that the Common Council approves and adopts
as part of this resolution the statement of Alderman Joseph Mayer, Chairman of
the Rochester Personnel Advisory Committee, presented to the House Committee on
Government Operations at a hearing onH. F. No. 295 on March 5, 1973, a copy of
said statement being attached hereto marked Exhibit A and by reference made a
part hereof.
BEFIT FURTHER RESOLVED that copies of this resolution be forwarded by
the.City Clerk to Senator Harold Krieger and Representatives William Quirin and
Thomas H. Resner with the request'that'they distribute copies of this resolution
to the appropriate officers and committees of the Minnesota Legislature.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., March 26, 1973
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Resolution establishing Bus Routes, Schedules and Stops of the Rochester City
Lines, Company. Upon motion by Powers, second by McNary, and all voting in favor,
resolution adopted.
Resolution amending the Parking Resolution as follows:
(1) Section B, No Parking Zones, Paragraph (60.5) is amended in its
entirety to read as follows:
"(60.5) Second Street Southwest on the south side from llth Avenue
to 13th Avenue and on the north side from llth Avenue to a point
100 feet more or less east of 16th Avenue between the hours of
2:00 A. M. and 6:00 A. M."
(2) Section B, No Parking Zones, Paragraph (62) is amended in its
entirety to read as follows:
"(62) Second Street S. W. on the north side of the street from a
point 100 feet more or less east of 16th Avenue to a point 425
feet more or less west of 17th Avenue and on the south side of the
street from St. Mary's Service Entrance to 275 feet west of 17th
Avenue at all times."
Upon motion by Kamper, second by McNary, and all voting in favor, resolution adopted.
Resolution accepting dedication of a public street easement across a portion
of the north 60 feet of Lot 12, Block 85, Moe & Olds Addition. Upon motion by Larson,
second by Powers, and all voting in favor, resolution adopted.
Resolution amending the "Land Use Plan" by designating Lots 1, 2, 3 and 4,
Block 3, Head and McMahon's Addition to Rochester as "High Density Residential Use".
Upon motion by Mayer, second by Strain, and all voting in favor, resolution adopted.
Resolution opposing adoption of H. F. No. 605 by the Minnesota State
Legislature in the 1973 (H. F. No. 605 to permit unregistered voters to register at
polling places on election day). Upon motion by Powers, second by Larson, and all
voting in favor, resolution adopted.
Resolution recommending to Legislature to adopt legislation to authorize
cities and villages to establish reduced speed limits on Municipal Streets in the
vicinity of public and private schools and public parks. Upon motion by Larson, second
by Kamper, and all voting in favor, resolution adopted.
Resolution approving the concept statement for Planned Unit Development for
Lot 1, Block 6, Valhalla 4th Subdivision. Upon motion by Mayer, second by McNary, and
all voting in favor, resolution adopted.
Resolution recommending to Legislature to adopt S. F. No. 614 of its companion
file to authorize the annexation by a city or village a petitioned area for providing
public water and sewer improvements within the County of Olmsted. Upon motion by Strain,
second by Powers, and all voting in favor, resolution adopted.
Ordinance rezoning certain property and amending Ordinance No. 1659 known as
the Zoning Ordinance of the City of Rochester, Minnesota (rezoning Lots 11,12,13,14,15,
Block 1, Knollwood Acres; Lots 1,2,3, Block 22 lying West of T. H. 63, Golden Hill
Addition; Lots 1, 2, 3, Block 16 lying west of T. H. 63 Golden Hill Addition; Lot 3,
Block 10, lying west of T. H. 63, Golden Hill Addition; Lot 9, Block 9, Golden Hill
Addition; Lots 11 and 12, Block 3 and Lots 7 and 8, Block 9, Golden Hill Addition as
B-3 General Business District) was given its first reading.
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Record of Official Proceedings of the Common Council
of the. City of Rochester, Minn., March 26, 1973
An Ordinance amending Ordinance No. 1685 relating to the annexation to the
City of Rochester, Minnesota of certain unplatted land in Section 18, Township 106 North, Range
13 West, Olmsted County, Minnesota (correcting error intitle of Ordinance No._1685 which read
Range 14 West and should have been Range 13 West) was given its first reading. Upon motion by
Larson, second by Powers, 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 Strain, second by Larson,
that the ordinance be adopted as read and all voting in favor, President Postier declared the
said ordinance duly passed and adopted.
An Ordinance relating to Community Development Projects and Shopping Centers;
establishing procedures for changing the plans therefor aunder WOrdinance No. 1659 known as the
Zoning Ordinance of the City ofRochester, Minnesota, was given its first reading.
Resolution granting variance to'owners of Lot 1, Block 10, The Meadows First
Subdivision to convey said Lot 1 by six separate conveyances described by metes and bounds to
The Meadows Association over a period ending December 31, 1977. Upon motion by Kamper, second
by Powers, and all voting'in favor except Alderman Larson who "abstained", resolution adopted.
Alderman Mayer then made the following report:
"Since our last Thursday meeting with our staff concerning the Sewage Treatment
Plant, I have met with the staff on two occasions, last Friday and again this
afternoon and asked them to answer some questions concerning it. A lot of the
questions that I had were due to my own ignorance but I don't think I am any
more ignorant on it than'the average citizen and those questions may come up
for all of you in the future, so based on this, I have a few recommendations.
just for your consideration:
I have asked Mr. Leach to investigate similar recent plans of our recommended
size and effluent requirements, to give'us a better idea of cost and
feasibility and Loren has started that and is going to continue with that
at your request.
Secondly, our staff has numerous questions concerning the plans and if the
Council wishes they will put those in writing and submit them to the
Council, get those questions then answered by them.
We talked this afternoon also about the EPA and PCA and it seemed to me
that with the requirements they are placing on us that we ought to be able
to get some feed back from them too and I would suggest that you ask the
EPA and PCA at least the following questions and some of the staff people
may have some more. But I think an anlysis of the cost for our required
treatment would be something we could expect from them; we are going to need
a statement on environmental impact and I think they could provide us with a
part of that at least; a recommendation on site which they hill probably give
us anyway but if a new site is recommended I guess I suggest that we ask for
their help and procurement in the decision for where that is going to be.
We are going to need a recommendation on sludge disposal.
One of the big questions that Roger has and a very general one, is on the
bio-disc treatment process and if anybody in the County should have any
information on this it seems that the EPA would have it and I guess I'
suggest asking them for an analysis of that, not only as a treatment but the
cost of it.
I had a lot of questions concerning the projections of the domestic versus
the sewage, the industrial sewage rates that they had determined and I think
a legitimate question would be to take our figures that they have projected
for us and compare them against the national figures. And then today we
talked about a meeting with the Council, the Mayor, the staff and our
engineers and the EPA and PCA, getting everybody together and trying to, so
they understand our problem.
A fourth suggestion would be a public information program to start immediately.
Again I think this goes back to my ignorance and probably that of the citizenry
concerning the whole thing but a project of this size which is going to at least
double the sewage rates of our citizens and in the case of many industries it
is going to mean additional hundreds of thousands and in one or two cases
maybe millions of dollars in the next 20 years. It would seem that we should
get their ideas as soon as possible and I suggest starting this as soon as
possible so that the citizens and the industries, etc. would feel that they had
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Record of Official Proceedings of the "Common Council
of the City of Rochester, Minn., March 26, 1973
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was adjourned.
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been in on the decision from the very.beginning and in talking with our 1�
staff people, they feel that it would be part of the Engineers job and I I,
guess it is.my feeling too, that our Engineers that we hired plus our
staff people meet with -at least with the following - the County Commissioners, i.
the Health Board, the Committee on Urban Environment, League of Women -Voters,
the AUW, Committees on Environment, Rocog, the Chamber of Commerce and
possibley to meet with different types of service clubs and organizations
to explain the situation so people understand it better than they do at the
present time.
I haven't thought this through real well but at least some feelers should
probably be_put out concerning the possibility of a regional plan and
maybe some of the input there could be from the PCA also.
Another concern I have which is quite a ways off, that is some of it is
quite a ways off and some of it isn't but I think that we designate the
city employees stay in contact with the engineers regarding changes as
they make their final draft and report the same to the Council so there
be a constant input to the Council during that period of time. And also
that when construction begins that one employee of the City be designated
to make certain decisions concerning construction as they go on so that
there aren't two or three people that the architects and engineers would
come to that.one person be able to make those deicisions.
Finally, on Thursday of this week the meters are going to be recalibrated
at the plant and at.this time I have asked Loren and he is going to empty
some of the tanks and try to calibrate flows on that part of it. I guess
my strongest recommendation at this time would be public information. I
just feel that there is going to be an awful lot of feedback and impact on
this as the time approahces when they might have to start paying for it
and if they are more involved in the decision making of it and there is
very little decisions to be made because its hard to argue with the
engineers but at least they be well informed on this if the City can
possibly do so.
Upon motion by.Larson, second by Strain, and all voting in favor, the meeting
City Clerk
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