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HomeMy WebLinkAbout04-02-1973r4�s Record of Official Proceedings of the' Common Council of the City of Rochester, Minn., April 2, 1973 Minutes of the Annual Meeting of the Common Council of the City of Rochester, Minnesota held in the Council Chambers in the City Hall, in said City, on April 2, 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, Ludowese, McNary, Powers, Strain. President Postier gave the following address: "Honorable Mayor, Members of the Council and Citizens of Rochester. May.I first congratulate Alex Smekta on his election as Mayor of the City of Rochester, and Paul Ludowese on his election to the City Council as 3rd Ward Alderman. On behalf of the Council and citizens.of Rochester, I wish to express our appreciation and gratitude to Dewey Day for his many years of service tothe City as Alderman and Mayor and to Joe Mayer for his service to the City as 3rd Ward Alderman. Again, as in past years, we will be faced with balancing the needs for municipal services against the taxpayer's ability to pay for these services. In my opinion, the Mayor and Council over the past four or five years have done a very commendable job in keeping the costs of City government at a reasonable level, while continueing the high level of.City service that our citizens demand and expect. Perhaps the most important issue facing the Council in the coming year will be.the decision concerning the upgrade of the City's Sewage Treatment Plant to meet state and federal pollution standards. The exceedingly high estimated cost of this project requires very serious consideration from the Mayor and Council before any decision is made on the type of upgrading to be undertaken, or on the future location of the plant. I again very strongly suggest that we do everything possible to stall for as much time as we can gain, in the hopes that the criteria set up by the EPA and the DNR, will be somewhat more realistically relaxed, or that there will be a taxpayer revolt when they become award of the high expenditrues being required by the DNR on such projects as ours, with no assurances that this will meet their future requirements. I am very optomistic regarding the future of our Downtown. Slowly but surely J, the empty building are be.ng occupied, and with the expansion of the Mayo Clinic, the Methodist Hospital, the High Rise for the Elderly, all three providing larger captive customers for Downtown Service Type Business, I expect more openings and rejuvinations. Lets not forget that we not only have a Downtown tax base, but also a very large tax base in our surrounding shopping centers. In closing, may I say that Rochester is certainly a City with which I am proud to be associated and I look forward to working with you to maintain the high quality of life that our citizens enjoy." Resolution adopting Roberts Rules of Order, Revised as rules for conduct of business during the official year commencing April 2, 1973. Upon motion by McNary, second by Powers, and all voting in favor, resolution adopted. Resolution adopting the following rules and regulations for the order of business of the Common Council. Upon motion by Larson, second byKamper, and all voting in favor, resolution adopted: 1. Roll Call. The roll call of the Common Council shall be had and taken in its alphabetical order according to.the names of the. -,members, except that the name of the President of the Common Council shall be called first at the first roll call of each meeting and then after that at that meeting, his name shall be called and vote taken after the expression of eachlof,ithe other members of the said Common Council. 2. Reading and approval of the minutes of the preceding meeting. 3. At the first meeting, the appointment of officers and committees. 4. Public hearings. 5. Reading of petitions and communications. 6. Reports of Committees. All reports'of committees shall hereafter be made in writing, unless ordered otherwise by the said Common Council 7. Unfinished business. 8. Resolutions and Bills. 9. Ordinances. 10. New business from Council members. 11. Adjournment. 1 1 • J 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 2, 1973 49 1 • 1 1 Resolution establishing standing committees and functions. Upon motion by Strain, second by McNary, and all voting in favor, resolution as follows was adopted: "BE IT RESOLVED by the Common Council of the City of Rochester, Minnesota Section 1. Standing Committees Established. The following permanent standin committees of the Common Council of the City of.Rochester are hereby established: - A. Finance Committee B. Public Works Committee C. Public Safety Committee Section 2. Committee Functions. The foregoing standing committees shall consider such matters and perform such functions and duties as are referred or assigned to them by the Common Council or by the President of the Common Council. The general jurisdic tion of each standing committee is as follows: A. Finance Committee B. Public Works Committee C.. Public Safety Committee 1. Finance 1. Streets & Alleys 1. Police Department,aad 2. Budgeting 2. Sewers -sanitary & storm Protection 3. Personnel 3. Watermains & Towers 2. Fire Department and 4. Investments •4. Building Code and Protection 5. -City Hall, Inspection 3. Traffic Control and 6. Library 5. Special Assessments Parking 7. Insurance (a) Feasibility report 4.. Licenses 8. Taxes (b) Award of contract 5. Public Safety 9. Purchasing 6. Planning and Zoning 6. Parks & playgrounds 10. Miscellaneous 7. Annexations 7. Health Depeartment 11. Special Assessments 8. Lighting 8.- Recreation (a) Calculation of Costs 9. Public Utilities 9. Music Department (b) Preparation and 10. Public Grounds 10. Civil Defense adoption of assessment roll. Section 3. Each committee shall be composed of not less than three members who shall be appointed by the President of. the Common Council at the beginning of each official year. In making appointments to the several committees, the President shall also designate which member shall be the Chairman of the Committee. Section 4. All prior standing committees of the Common Council are hereby dissolved and all matters referred to those committees are hereby reassigned to the new standing committees." The following appointments by President Postier were then read and upon mot by Kamper, second by Strain, and all voting in favor, the appointments were approved: Finance Committee Public Works Committee Public Safety Committee Darrell Strain, Chairman James McNary, Chairman James Powers, Chairman James Powers Paul Ludowese Darrell Strain James McNary Carol Kamper Carol Kamper Ex-Officio: Smekta, Postier, Ex-Officio: Smekta, Postier, Ex-Offici6: Smekta,Postie: Andre, Swanson, Reiter, Andre, Swanson, Plumb, Andre, Macken, Mertz, Moline and Haas Moore,•Moe, Brennan, Taylor, Canellos,Plum1 Swanson Swanson Personnel Advisory Committee Board•of Equalization Fire Civil Service Commission Carol Kamper, Chairman Paul Ludowese, Chairman Robert Domaille James McNary Carol Kamper Robert Larson Robert Larson President Postier suggested that Robert Larson be appointed as a.member of Public Utility Board. Upon motion byKamper, second by Strain, and all voting in favor, the appointment was approved. Mayor Smekta then gave the following address: Mr. President, Mrs. Kamper and Gentlemen of the City Council. It is good to be back. I am looking forward to'working with you. There are many challenges facing our City. Traffic Flow - Sewage Plant - Parks - Recreation. Promoting and encouraging the improvement and restoration of'business properties and many more. Rochester is a•challenging community with a constantly changing climate. This is what makes it an exciting•City in which to live. Last Tuesday I spent some time with Governor Anderson', He commented "Rochester.is rich in people who have great talent". I not only agreedwith- him, but assured him Rochester will become active in outstate affairs. We will lead not follow. Yes, we are faced with problems. We will not be able to solve all of them. But we can make Rochester more attractive to people and businesses. We can, with dedication and skill, produce something lasting, so that future citizens will be able to say, "Rochester is what it is today because members of the City Council gave part of themselves to make 9 F — 498 Record of Official Proceedings of tYie� Common Council of the City of Rochester, Minn., April 2, 1973 it great." Being a member of the Council is not an easy job or a simple one. But, it is challenging to the point where it tries Men's hearts. Let us encourage, through proper channels, to make the downtown area - clean - bright and beautiful again. Traffic, parking, new buildings are only a part of a City, and not the mod important part. It is the people within our City that give it its heart. Too many of our elderly citizens have been left to rust and decay like the buildings in which most of them live. These citizens must be given hope, help and a hand into the sunset of their lives. They must be treated with dignity. With your help we shall still pursue low cost housing for the elderly and low income families. My congratulations to the Council for establishing the position of Public Works Director. This was an excellent move. May I recommend further study and evaluation of every department by the City Council. This study and evaluation should start immediately instead of at budget time. A great deal of criticism has been directed at the building code. It appears we may have to re-evaluate the code and -garnish it with common sense to -make it more palatable to builders and developers. May I offer for your consideration the following: - A bonus to retiring city employees based on a percentage of their accumulated sick leave. It has been my belief that if a bonus could be established it would cut down the number of sick leave days taken each year by city employees. Many - knowing no consideration is given on retirement on sick leave, take a day or two off periodically so as not to accumulate too much, feeling they lost it when they retire or leave city employment. In my opinion, this should be given consideration and study by the Personnel Committee of the City Council. Regionalism, and regional government action is upon us! We should not back away from it! We must work within its scope for total community development. The Rochester City Council, Mayor and Citizens of Rod ester are faced with the problem of expansion or building a new sewage plant with an estimated cost of 40 plus million dollars. I propose the formation of a metro -sewer district known as the Zumbro Valley Sanitary District-. or any other name that may be chosen. I would suggest that the Council, Mayor and Olmsted County Commissioners, and other interested officials, meet and discuss this proposal. The formation of this district would greatly enhance participation in State and Federal Funds. The District should geographically encompass Rochester, the villages of Byron, Oronoco, Pine Island and any other municipality that may wish to participate. This is a must priority -in order for us to receive the necessary legislation from the State Legislature while it is still in session. Mr. President, Mrs. Kamper, and Gentlemen of the Council. I am looking forward to working with you. I will counsel with you. I will seek your advice. I will not usurp your authority. Let us work together as a team. These are changing times, and the concept of municipal government is changing. Let us.accept this challenge! Representatives of the United Cerebal Palsy of Minnesota were present and informed the Council of their spring WALKATHON to be held on May 12, 1973 and outlined some of their program; they said they had their route approved by the Police Department and that this would be a 20 mile walk allwithin the city limits; they invited any Council member who would like to do so to join them. Tabulation of bids for Two -Way Radio Base Station for Police and Sheriff'.s Department. Bids were taken on the four following : Site #1 - This is for a 300 foot tower and Sheriff's base station located on County Road #9. Site #2 - This is for the Police Department base station to be located at the Northern Heights water tower. Site #3 - Involves modifying the present radio`4repeater tower at the water tower located at 4th Street and 15th Avenue S.W. Site #4 - This is for the'main control console room at the Olmsted County Courthouse. General Electric RCA Site #1 $42,449.59 $ 59,824.00 Site #2 21,398.40 19,250.00 Site #3 405.00 212.00 Site #4 62,286.79 75,288.00 Total $126,539.79 $15411574.00 300 foot tower Self sl!gported GGu]�ed Self su orted Guvedd 25,927.00 3, .39 9,199.52 41,,� .250 foot tower 17:679.86 7:894:37 39,312.00 19,344.00 200 foot tower 11,672.54 ---- 30,030.00 ---- A motion was made by Larson, second by Kamper, to accept the low bid of.General Electric with the 300 foot guyed tower; all voted in favor of the motion. 1 1 1 • Li L11 s Record of Official Proceedings of the Common Council99, of the City of Rochester, Minn., April 2, 1973 I • 11 1 0 1 Upon motion by Larson, second by Powers, and all voting in favor, the following applications for renewal of licenses were approved and the City Clerk was instructed to issue the licenses: 23 On Sale Non -Intoxicating Malt Liquor Licenses - Pizza Hut, Jim & Joe's,Happy Times Bar, Queen City Beer & Grocery, The Pub Bar, Tropics, Inc., Golden George's Inc., Colonial Lanes & Tap Room, Barrys Restaurant, Soldiers Field Club House, Eastwood Club House, Mr. Pizza South, East Side Inn, Mac's Restaurant, Beltline Tavern, Howard Johnsons Restaurant, Shakej's Pizza Parlor, Darst Tap Room, Richards Roost, Recreation Lanes, Spa Tavern and Sixty Three Club. 53 Off Sale Non -Intoxicating Malt Liuuor License _ Stop & Go Foods, DelfArm Super Markets, Sheppards Grocery, Red Owl Stores (2), Klines Superette, Parkside Grocery, Piggly Wiggly (3), Barlow Foods, Hibbing Food Center, Stop-N-Go, Erdmans Super Valu (3), Johns Grocery, Hammys Country Boy 63, Stop N Go Foods, Third Avenue Grocery, Just' Rite Supermarket, Eds Pik Quik Market, Cascade Grocery, Sunny Market, Rays Country Boy, Snyders Drug Store (2), Spa Tavern, Recreation Lanes, Darst Tap Room, East Side Inn, Mac's Restaurant, Beltline Tavern, Jim.&.Joe's,_Happy Times Bar, The Pub Bar, Queen City Beer and Grocery, The Tropics, Golden Georges, Colonial Lanes & Tap Room, Barrys Restaurant, Shakeys Pizza Hut, Mr. Pizza South, Eastwood Golf Course, Soldiers Field Club House, Sixty Three Club, Pantry Grocery, 011ie's Food Market, Golden Hill Market, Jims Ranch Market, Jack's IGA (2). 6 Pool Hall Licenses - Recreation Lanes, Tropics, Inc., Cue T &.Family Billiards, Rochester State Junior College, Rochester Square, Cue & Cushion and The House of Games. 3 Bowling Alleys - Recreation Lanes, Colonial Lanes and Tropics, Inc. 7 Sign Erectors - Alvin E. Benike-, Inc., Vogel Outdoor Advertising, Triad Sign Service, Broskie Sign Co., Ace Advertising, James D. Abel and LeRoy Signs, Inc. 1 Roller Rink - Skate Country 1 Junk Dealer -Scrap Collector - Wilbur Jennings. 29 Master Plumbers - Kenneth Berghorst, R. James Barry, H'. Dornack & Sons, Elmer Kruesel, Joseph Cozik, Julian Renaux, Charles Riley, Bernard Kirckhof, Richard Tointon, Gerald Madjeski, William Gander, RobertC. Neill Jr., Robert Langton`, J. McClure Kelly Co., W. J. Hankee Co., John A Healy III, Ronald Harris, John A. Scheid, James W. Pfeffer, Sam Russell, John Blee, Ray Purves, Anthony Roetzler, George Krudwig, Leslie Lance, Spring Plumbing Co., Rochester Plumbing & Heating, Fred'Schnell and Lloyd Bennett. 47 Master Installers - Garfield Roadway, Fred Schnell, George Krudwig, Leslie Lance, Ray E. Purves, Bernard Nesler, Wayne Dornack, ArthurMengedoth, Loren Woodhouse, Donald Hodsdon, H. W. Thompson, James Barry, Thomas Mahon, William Keehn, Elmer Kruesel, Darrell Renaux, Charles Hiley, Bernard Kirckof, John Blee, Richard Tointon, Sam Russell, Robert Langton, Stanley Crandall, Robert C. Neill Jr., William Gander, Oswin Elker, George Michel, G. Richard Palen, W. J. Hankee, J. LeRoy Kelly, John A. Healy III, James Mitchell, Elmer Johnson, C. J Porter, Raymond Zobel, James Pfeffer, Robert W. Blake, Arlowe Esau, Karl M. Byboth, Ronald L. Harris, L. M. Edwards, Thomas J. Brogan, David R. Niebuhr, John A. Scheid, Adrian Ronnenberg, and Duane Christensen. 33 Service Contractors - Peoples Natural Gas, The Kimball Co. Roadway Sheet Metal, Schnell Plumbing & Heating, Rochester Plumbing & Heating, J.A. Mitchell Welding, Lance Plumbing & Heating, Krudwig Plumbing & Heating, Ray's Plumbing & Heating, Alpek Sheet Metal, Thompson -Yeager Inc., H. Dornack & Sons, Woodhouse Brothers) Barry Plumbing & Heating, Darrell Renaux, Maass Plumbing & Heating, Advanced Heating & Air Conditioning, Sanitary Company, Tointon Plumbing & Heating, C & R Heating and Service Co., Neill Plumbing & Heating, Drain Master Plumbing & Heating, Edward Sheet Metal, Healy Mechanical Contractors, Pfeffer Plumbing & Heating, D & D Refrigeration, Gander Plumbing & Heating, UtilitySales & Service, W. J. Hankee Company, J. McClure Kelly Co., Harris Mechanical Contracting, Shceid Plumbing & Heating, Ronny's Plumbing & Heating., Kirckhof Plumbing & Heating, C & S Plumbing & Heating and John Blee Plumbing & Heating. 11 Connect with Sewers and Drains - Viker & Sorenson, Sanitary Co., Fraser Company, M. P. Overand, Gopher Sanitary Service, Riverside Sand & Gravel, Badger -Sewer & Water, Littrup Nielson, Kepp Company, Floyd Larson Construction Co. and Kirckof Plumbing & Heating. 14 Construct Sidewalk. Curb and Gutter. etc. - Littrup Nielson, B. DeWitz, C. M. Boutelle & Sons,,Tilford Bros, Floyd Larson Construction Co., Doyle Conner Co., Clayt Boutelle, Weis Builders, H. 0. Hanson, Phil Ryan, 0. A. Stocke Company, Vonch Concrete Co. Floyd Whipple and Alvin.E. Benike. 255 Cigarette Licenses - Continental Oil Co., Burk Oil Co., Hillcrest Skelly,'Superamerica, Elliott Automotive Mobil, Elliott North 52 Mobil, Phillips Petroleum Co., Northside DX Webeck's Standard, Mel's Shell Service, Forde's Texaco East, Daly's DX, Clark Super 100, Al's Auto Service Center, Knowlton's Standard, Stein's Standard, r] 500 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 2, 1973 • Imperial Service Station; Zumbro Oil Co. d/b/a Holiday Service, Jim & Stan's Standard, Zumbro Oil Co., d/b/a Holiday Service, Ed's Northgate Standard, Jack's Texaco, Mico Oil Co., Superamerica, Octopus Car Wash, In and Out Sautane, Holiday Texaco, Petersen Service, Jensen's Standard, Westside Distributing, Northside Skelly, Eastside Texaco, Savtane Service, Eddie's Mobil, Western Stores, Andrist Apco, Thunderbird Car Wash, Larson's Standard, Distad's.Mobil, Elton Hills Standard, Johnny's Bonded, McKennyis Service, Green - way Co-op,(2), Hayden's Silver Lake "66", Northwest Texaco., Jim's Ranch Market, 011ie's Food Center, Golden Hill Market, Jack's I.G.A. ( 2 ),.Pantry Grocery, Ray's Country Boy, Hammy's Country Boy, Hibbing's Food Center, Kline's Superette, Red Owl Stores, Inc. (2), Barlow Foods, Del Farm Super Market, Stop N Go Foods, -Cascade Grocery, John's Grocery, Piggly Wiggly (3), Parkside Grocery, Stop N Go Foods, Just Rite Supermart, Sheppards Grocery, Erdman SupErmarkets, Inc. (3), Third Ave. Grocery, Ed's Pik Quik Market, Red Owl Store's, Inc. Stop N Go Foods, Sunny Market, Ryan's Brown Derby, Office Tavern, Sixty Three Club, Alibi Inn, Golden George's, Richard's Roost, Happy Times Bar, Queen City Beer and Grocery, Darst Tap Room, Mac's Restaurant, The Pub.Bar, Rochester Pizza, Inc. •Shakey's, Howard Johnson's Restaurant, East Side Inn, Mr. Pizza South, Soldiers Field Club House, Recreation Lanes, Barry's Restaurant, Eastwood Golf Concessions, Jim and Joe's, Beltline Tavern, Spa Tavern, Pizza Hut of Rochester, Colonial Lanes, The Keg, Tropics, Inc., Huey's Cigar Store, St. Mary's Newstand, The Parlow, R.D.C. Club, Ear Wax Records, J.C. Penney Auto Center, Barnard's Cottage Shoppes, Civic Concessions,Cole Thomas, Ltd., Miracle Mile Laundromat, Bernard's Cottage Shoppes, Inc. J.C. Penney Co, Bernard's Cottage Shoppes, Inc. Dayton's, The House of Games, Adamson Motors, I.B.M. Pioneer Distributing Co., Ability Building Center, Waters Instruments, Inc.,Universal Fotd, K-Mart, Subway Newstand, Rochester State Hospital, Waters Conley Employees Club, Rochester State Bank, Marigold Foods, Union Bus Depot, City Hall Employees, Osco Drug ( 2 ), Brownell Drug, Snyder's Drug (2), Hunt Drug Store, Eagle Drug Store, Ruffalo Drug, Reeve's Drugs, Weber and Judd Co., (3), Darst Heart-O-Town Motel, Downtowii•Apts., Zumbro Hotel , Campbell Hotel, Fifth Ave. Apartments -Motel, Ray -Mar Motel,'Inc.•, Hotel Martin, Hotel Brown, Colony Inn Motel, Arthur Hotel, Joe's Liquors, Inc., Northgate Liquor Store, Rochester Liquor Supply, Daly Liquor Store,Inc. Huey"s Liquor Store, Andy's Liquor, Inc. , DeLuxe Liquor of Northbrook, Inc. Hillcrest Liquors, Inc. Gopher Liquors of Rochester,(2(j, Michaels Supper Club, Howard Johnson's Restaurant, Holiday Inn'Downtown, Kahler Hotel, Depot House Restaurant, Louies Bar, Skyways of Rochester, Roxy Bar, Tropic Lounge, Hollywood Bar, Happy Warrior, North Star Bar, Bacchus, Hotel Carlton, Town House, Holiday Inn South, American Legion Club, Elks Lodge # 1091, AFL-CIO Labor•Club, Fraternal Order of Eagle's, Rochester Moose Lodge # 2128, Bell Vending Co., (16), Huey's Wholesale Co. ( 28 ), Princess Cafe, Carters of Rochester, Inc., Drake's Trailer Lunch, Golden Hill Country Kitchen, Rochester Embers, Mr. Quik Restaurant, VonFeldt's Restaurant, Wong's Cafe, A & W Drive Inn, Lynn's Restaurant, Maple Island Dairy Store # 3,.'6olonial Soda Cafe, Colonial Park Restaurant, Burger King, White of Rochester', Inc. North Broadway Dairy Queen, Cue-T Cafe and Family Billiards, Mr. Pizza North, Country Kitchen, Carousel Cafe, D & R Cafe, Green Parrot Cafe, Ernie's Northgate Restaurant, Henry's Drive -In, Cheap Charlies, Perkins Cake and Stead (2), Anton's Grill, Cue and Cushion; R-Tic Drive In, Wade's Broiler, Bilotti's Inc., Maple Island Dairy Store (2). Upon -motion -by:, -Larson, second.byy Powers, and all voting in favor, the following bonds were approved and the surety thereon accepted: Western Surety Company Western Surety Company Lysne Construction Co. $7,500 Joe Cozik $1,000 William Jennings 1,000 Julian Renaux 1,000 Bzoskie Sign Co. 1,000 Richard Tointon 1,000 William Gander 1,000 AceAdvertisin 000 g Inc.. , Robert C. Neill Jr. 1,000 James Dabel l 1,000 Robert W. Langton 1,000 Gopher Sanitary Service 1,000 Ronald B. Harris 1,000 Riverside Sand & Gravel 1,000 Sam Russell 1,000 Badger Sewer & Water 1,000 Ray E. Purves 1,000 George Krudgwig 1,000 Ke nc. 1,000 PP Co.,. Leslie Lance 1,000 C & S Plumbing & Heating 5,000 Bernard 0. Nesler 1,000 Schnell Plumbing & Heating 5,000 Fred Schnell 1,000 Rochester Plumbing & Heating 5,000 Fidelity & Deposit Co. Lance Plumbing & Heating 5,000 Triad Sign Service 1,000 b & Heating 5 000 Ronny's Plumbing & Heating 5,000 Krudwi Plumbing g g g , Rays Plumbing & Heating 5,000• Federal Insurance Co. Kirckof Plumbing & Heating 5,000 H. Dornack & Sons, Inc.`-, 5,000 Bernard Kirckof 1,000 Barry Plumbing & Heating 5,000 Hartford Accident & Indemnit Co. Renaux Bros Plumbing & Heating 5,000 Vogel Outdoor Advertising l,ouu Maass Plumbing & Heating 5,000 Thompson Yaeger Inc. 59000 Tointon Plumbing & Heating 5,000 Ohio Casualty Ins. Co. Neill Plumbing & Heating •5,000 John Blee 5,000 Drain Master Plumbing & Heating 5,000 Lloyd Bennett 1,000 Gander Plumbing & Heating 5,000 Maryland Casualty Co. Spring Plumbing o• 1,000 Harris Mechanical Contracting Co. 5,000 United States Fidelity& GuarantyCo. . games Barry 1,000 LeRoy Signs , uuu Wayne Dornack 1,000 General Insurance Co. of America Elmer Kruesel 1,000 �, Gerald F. Mo jes i 1,000 •; *(continued at end of minutes) 1� Record of Official Proceedings of the Common Council of the City of Rochester, Minn., April 2. 1973 1 0 1 1 r� U Resolution approving agreement between City of Rochester and the Minnesota Highway Department covering all City -State Federal Aid Projects for 1973 and authorizing Mayor and City Clerk to execute same. Upon motion by Strain, second by McNary, and all voting in favor resolution adopted. Upon motion by McNary, second by Strain, and all voting in favor, two resolutions (a) resolution referring proposed improvement for feasibility report and recommendation and (h) resolution receiving preliminary -report, ordering a public hearing and directing preparation of plans and specificatons were adopted for each of the following six projects: New Sidewalk Project #1-1973 - Both sides of 26th Street N.W. from West frontage road Highway 52 N to 27th Avenue N.W.; east side 24th Avenue N.W. from 26th St. N.W. south to sidewalk inplace. New Sidewalk Project #2-1973 - South side 4th St. N.W., 12th Avenue N.W. east to service walk, both sides 12th AvenueN.W., 4th to 4k Street N.W.; south side 4k St. N. W., 13th Ave. to 11 th Ave. N.W.; North side 4 St. N.W. 12th Ave.*to 4k St. N.W.; Southerly side of Folwell Drive S.W. 8th Street to Walden Lane*S.W. New Sidewalk Project #3-1973 - North side 28 St. N.W., 18 Ave. to 15 Ave N.W.; northerly side 15 Ave & 30 St. N.W. from 28 St. to 12 Ave. N.W.;'East'side 12 Ave.N.W. from 1 lot North of Cascade Street N.W. north to sidewalk inplace; south side 15 Ave.N.W., 13 Ave. to 14 Ave_ N.W.; south side 22 St. N.W., 13 Ave. to i4 Ave. N.W. New Sidewalk Project #4-1973 - Both sides of 8k Ave. S.E., 13k St. South through dul de sac; south side 13k St. S.E., 8 Ave. S.E. to 11 Ave. S.A. New Sidewalk Project #5-1973 - West side 15 Ave. S.E., 3k St. S.E. north to sidewalk in place; west side-14 Ave. S.E. 3k St. S.E. north to sidewalk in place, east side 14 Ave. S.E., 3k St. to 4 St. S.E.; west side 16 Ave. S.W., 1st St. S.W. to 2nd St. S.W. New Sidewalk Project #6-1973 - Both sides of Viking Drive N.W. from Elton Hills Drive north to 26th St. N.W.; both sides of Viking Court & Haling Court west of Viking Drive; south side of Nordic Court; Viking'Dr west to easement. Both sides 26th St. N.W. from Viking Dr'to 4 Ave. N.W.; East side of.4 Ave. N.W. from Elton Hills Dr. to 26 St. N.W.; both sides of Valkyrie Drive from Elton hills Drive N.W. to Valkyrie Lane N.W. Tabulation of bids for installing traffic signal,and street light system at the intersection of llth Avenue and L4th.Street N. W. The bids of Nietz Electric Company in the amount of $15,607 and H & H Electric Company in the amount of $20,900 were each received. Upon motion by Kamper, second by Strain, and all voting in favor, the low bid of Nietz Electric Company was accepted. Recommendation of Planning and Zoning Commission that the application for approval of a planned unit development (preliminary plan) of Viking Village (North of Elton Hills Drive N.W. between the Zumbro River and West River Parkway) be granted approval subject to the conditions listed on the Cit:• Engineer'.s letter. Upon motion by Larson, second byMcNary, and all voting in favor, the City Attorney was instructed to prepare a resolution approving the plan, subject to the conditions listed by the City Engineer. Recommendation of Planning.and.Zoning Commission that the proposal to annex the City owned property located in the Northwest Quadrant of U. S. 14 and 52 N. W.. (Electric Substation) be approved and that the zoning be designated as M-2FF. Upon motior. by Larson, second.by Powers, and all voting in favor, the recommendation was accepted and the City Attorney was instructed to prepare an ordinance annexing the said.land and designating same as M-2FF Zone. .7 i� P_ 02 Record of Official Proceedings of the -Common Council of the .City of Rochester, Minn., April 2, 1973 E Upon motion by Powers, second by Kamper, and all voting in favor, four resolutions were adopted authorizing the City Clerk to advertise for bids for furnishing the season's supply of (a) plant mixed bituminous (b) washed sand, gravel and crushed rock (c) road oil and cutback asphalt and (d) Class "A" aggregate rock. 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 13 West, Olmsted County, Minnesota (Skyline School Property.) was given its second reading. A motion was made by Larson, second by Powers, that the said ordinance be adopted as read and all voting in favor, President Postier declared the said ordinance duly passed and adopted. * Seabord Surety Company American Empire Insurance Co. Alvin E. Benike, Inc. $1,000 Anthony Roetzler 1,000 Healy Mechanical Contracting Inc.' 5,000 Travelers Indemnity Co. John A. Healy III 1,000 Mitchell Welding & Trenching 5,000 St. Paul Fire & Marine' Utility Sales & Engineering 5,000 Fraser Co. Inc. 1,000 Capital Indemnity Co. W. J. Hankee Co. Inc. 5,000 Woodhouse Bros. Inc. 5,000 W. J. Hankee 1,000 Scheid Plumbing & Heating 5,000 Northwestern National Ins. Co. John A. Scheid 1,000 M. P. Overend 1,000 Reliance Insurance Co. Wisconsin Surety Co. Edwards Sheet Metal 5,000 Littrup Neilson, Inc. 1,000 Pfeffer Plumbing & Heating 5,000 Floyd Larson Construction 1,000 `James W. Pfeffer 1,000 Alpek Sheet Metal 5,000 Safeco Insurance Co. of America D & D Refrigeration 5,000 Advanced Heating & Air Cond. . 1,000 Fidelity & Casualty Co. of N. Y. Transamerica Ins. Co. Peoples Natural Gas 5,000 Sanitary -Co. Inc. 5,000 Aetna Casualty & Surety Co. Charles F. Hiley 1,000 C & R Heating & Service Co. 5,000 J. McClure Kelly Co. 5,000 J. LeRoy Kelly 1,000 Upon motion by Strain, second by Powers, 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, Ludowese, McNary, Powers, Strain. Absent: None. Hearing to consider the alleged violation of Rochester Code of Ordinances Section 161.220 by Kenneth Culberton on the premises known as the Alibi Inn; Mr. Culberton was tried in County Court on February 16, 1973 on the charge of permitting minors to consume non -intoxicating malt liquor at the Alibi Inn, he was found guilt} df this charge and fined $300.00. Mr. Sandy Keith, Attorney for Mr. Culberton, was present and requested-that7the license be granted to his client, he said he had admitted to the charge and paid the find - and he felt that he had paid the price. i : *.Gera. d>Swanson,,_Ci-t.' Attorn'ey:,;i state&that�a.'. certified copy ofrthe�dispos`itionnof the matter .that:was..tried:in the ,County. Courtrhad-'been filed aind'as--mri. Keith stated the: defendant` was_:charged, t,. originally_ with_,providirig' noiv ? , intoxicating _molt- _liquor _to minors. t on_ or _abou,November:-16,. 1972..9nd 'that-.triail .was set for February_!Ath-of.thi`s -ye' -,which time the charge was amended to `charge the defendant or Mr. Kenneth Culbertonr;with <permitt,ng minors-to;consinne..non into malt liquor -on ,the premises And 'he,plead,.guilty_=to,-that­jrpArge.and. introduced 'the -certified,copynofY•the'c6urt racords_..into: the xecoxds ::of :,this; "heari ng.- --A. motion was made by` McNaiy,, .second by' Strain, -= - - 1 0 1 1 0 I Record of Official Proceedings of the Common Council of the City of Rochester, Minn.,_April 2, 1973 1 0 C] that his license not be issued until the 21st of April, 1973 (available the 21st); all voted in favor except Alderman Ludowese who voted "nay". Hearing on petition to change the zoning districting on Lot 4, Block 1, D. P. Madden's Addition from the R-1 District to.the B-lb District (1147 - 8th Avenue S. E.) The recommendation of the Planning and Zoning Commission was that this petition be denied. A petition with 32 signatures opposing the zone change was presented. Mr. Vince Majerus, the petitioner was present and urged that the zone change be granted, he said he wanted to construct an addition adjacent to Kentucky Fried Chicken Building for refrigerated storage room and for future expansion of parking, sales and customer seating area.. Mr. L.A. Stoffer of 1143 8th Avenue S.E.; Robert Frey of 1130 7th Avenue S.E.,; Richard Wilstermann of 1115 8th Avenue S. E. and Don Heimstra of 1133 8th Avenue S. E. were each heard in opposition to the proposed zone change. There was no one else present wishing tc be heard. President Postier declared the hearing officially closed. A motion was made by McNary,,second by Strain, that the petition for zone change be denied and upon roll call, Larson, McNary and Strain voting "aye" and Kamper, Ludowese, Powers and Postier voting 'nay", the motion was lost. A motion was then made by Ludowese,.second by Kamper, that -the -City, -.-Attorney be instructed to prepare an ordinance making the requested zone change and that all necessary screening -be provided; all voting in favor of the motion except Aldermen Larson, McNary and Strain who voted "nay", President.Postier declared the motion passed. (The City Attorney informed the Council that when this ordinance is up for adoption it would require a 5/7 vote). Hearing on petition to vacate 25th Avenue N. W. from 21st to 22nd Street N. W. Mr. William Roberts who lives on the corner of 22nd Street and 21st Avenue N.W. was preset and spoke in favor of the vacation. C. A.Armstrong, City Engineer, pointed out that there were a couple of recommendations that had not been taken care of as yet, the utility easements -and the platting of the property.. Mr. William Dickey of Di -Con Corp. said that these would be takencare of before the date of the hearing on the vacation. A motion was made by Strain, second by Powers, that the vacation be approved subject to the two conditions set forth, the utility easements and replat, and.the City Attorney was instructed to prepare a resolution ordering a hearing on the said vacation; all voted in favor: Hearing on Sewer and Water Extension to Rochester Villas. C. A. Armstrong, City Engineer said the petitioner had advised him that progress on the project is suspended because of the halt in HUD financing approval and recommended that the hearing be continued until a later date or until the petitioner completes the arrangements. There was no one present at the hearing. A motion was made by Strain, second by Kamper,-that this hearing be continued until the meeting on April 16, 1973; all voted in favor: - Hearing on extension of sanitary sewer trunkline West of Valleyhigh Drive N.W. between 15th Street and 19th.Street N. W. Mr. Stan Mohn was present and said he had • gone over this with the FAgineer and was not opposed to the project but requesteddthat I� 504 Record of Official Proceedings of the' . 'Common Council of the City of Rochester, Minn., April 2, 1973 1�1 assessments be deferred until the property is developed. The City Attorney said that the Council would have to set some policy as to when assessments could be deferred, or how much could be deferred, etc. There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Kamper, second by Strain, directing the City Engineer to prepare the necessary plans and referring the assessment 1policy to the Committee of the Whole; all voted in favor. Hearing on the following proposed amendments to the Subdivision Ordinance: 1. Paragraph 41.200-3: a. change 22 inches to 24 inches. 2: Paragraph 41.201-3: a. change to read as follows: 3. Two muslin backed originals and two reproducible mylars of the final plat, each of which shall contain all the certifications, signatures (except that of the City Clerk and Register of Deeds) and acknowledgments required to file the same in the office of the register of deeds or registrar of titles. 3. Paragraph 41.201-7: a. change to read as followsi 7. The fee to be charged for recording and a statement from the Register of Deeds indicating the amount of the fee and that, except for the signature of the City Clerk, the final plat is in recordable form. 4. Paragraph 41.201 - 8: a. Add a new sub -paragraph 8 as follows: 8. When the preliminary plat requirement is waived and the applicant is permitted to proceed directly to the final plat procedure, a cash filing fee of $35.00 plus $1.00 for each lot in the proposed subdivision or resubdivision shall be submitted along with the application for final plat approval. 5. Paragraph 41.203 - 7 : a. Change to read as follows: Preliminary Plat Final Plat 7. Monuments and lot corners. The 7. Monuments and lot corners. approximate location of all permanent (The exact location and monuments and lot corners. material of all permanent lot corners and monuments. 6. Paragraph 41.302 a. Change to read as follows: Minimum horizontal curve (radius measured to centerline). Mr. Frank Michaels, Attorney was present inquired if this would provide for an'easier way of submitting plats of subdivision. Tom Moore, Planning Director, informed him that these proposed amendments were solely administrative changes., 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 Ludowese, to proceed and instructed the City Attorney to prepare the necessary ordinance; all voted in favor. 'Upon motion by Kamper, second by Powers, and all voting in favor, a resolution lwas adopted authorizing the City Clerk to advertise for bids for a chlorination facility to be constructed on City property at 3rd Avenue Northwest side immediately west of the Zumbro River land directly west of the old wastewater treatment facility. A motion was made by Powers, second by Strain, authorizing the City's share of the additional $5,092.92 needed for the two way radio base station for the Police and Sheriff's (Department, the City to pay one-half of this amount; all voted in favor. (The bid of General Electric had been accepted at the meeting held.this afternoon). �j A motion was made by Larson, second by Powers, and passed unanimously, that the semi-monthly bills, list attached, in the amount•of.$102,874.00 be approved. 1 0 1 LJ 1 9 Record of Official Proceedings of the Common Council 40 of the City of ' Rochester, Minn., April 2, 1973 1 0 LJ 1 11 1 Upon motion by Strain, second by Ludowese, and all voting in favor, a -- resolution was adopted designating the Rochester Post Bulletin as the official newspaper for the official year 1973-1974 and approving their bond in the amount of $1,000.00 with The Fidelity & Casualty Company of New York, N.Y. as surety. Resolution approving resolution adopted by the Public Utility Board on March 27, 1973 for KVA Pole Type Transformers supplied by Westinghouse Electric Supply Company in the amount of $13,365.00. Upon motion by Larson, second by Kamper, and all voting in favor, resolution adopted. An Ordinance relating to the Zoning Code of the City of Rochester, Minnesota; amending Rochester Code of.Ordinances, Sections 61.403, 61.405, 64.302 and 65.616, as enacted by Ordinance No. 1659,.was given its first reading. Resolution approving plans and contract for construction of improvements on grading and surfacing, sanitary sewer, Watermain, Storm Sewer and Service Connections in 24th Street N. W. and portions of 25th and 27th Avenues N. W..in Northridge 1st Subdivision. Upon motion by Strain, second by Kamper, and all,voting in favor, resolution adopted. Upon motion by Larson, second by Powers, and all voting in favor, the amount of $3,000.00 was allocated to the Mayor's Contingency Fund. Mr. Bob Schwab had presented his applications for on and off sale non -intox- icating malt liquor licenses at the Office Bar located at 607.North Broadway (these applications had been mailed to him March 13th but he had not returned them in thke specified time so he now owed a 507. penalty and he did not think he should have to pay the penalty). Upon motion by McNary, second by Powers, and all voting in favor, the licenses were granted subject to payment of the penalty. . Applications for on and off sale non -intoxicating malt liquor licenses had been mailed to.Cyril Ryan for Ryan's Brown Derby located.at 119 North Broadway but no applications had been returned to date. Upon motion by Strain, second by Kamper, and all voting in favor, the licenses were approved subject to him submitting the applications and paying the fee plus a penalty of 507.. Upon motion by Powers, second by Strain, and all voting in favor, the meeting was adjourned until 7:30 o'-clock P. M. on April 16,.1973. Information 412/73 City Clerk 1. Notice ot damages - Mr. & Mrs. Harvey Hutchings of 1837 - 37th St.N.W. (referred to Attorney,Insurance, Public Works) 2. Claim for damage, William F. Rieke of 4032 7th Place N. W. (referred to Attorney, Insurance, Public Works) 3. Letter from Governor Anderson re: Twin Trailer Trucks 4. Notice of Injury to Barbara Kranz (referred to Attorney, Insurance);' 5. Referral to Planning and Zoning: a. application for variance at 1430=10th Ave.N.W. (Alan Heartmann) b. application for variance at 451 - 16th Ave.N.W. (John Stein) c. application for variance at 317 - 6th Ave. S.W. (Glarzmaier Enterprises) d. application for variance at 4051 - 7th Place N.W. (Duane Brakke) e. Appeal from decision of Zoning Administrator concerning an alleged violation of the Zoning Ordinance atll03 - 9th St. N.W. (Warren H. Havens) f. Appeal from decision of Zoning Administrator dated 12-21-72 wherein a permit was issued for a permit for creation of a lot in Belmont Addition (Robert C. Northicutt, etal.) g. petition to annex property on west side of T.H.52 immediately north of 45th St. N.W. to the City (Reynolds Wholesale Co., James R. Peterson) U