HomeMy WebLinkAbout05-29-1973�
Record of Official Proceedings of the Common Council 537
of the City of Rochester, Minn., May 29, 1973
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Minutes of a special meeting of the Common Council of the City of Rochester,
Minnesota held in the Council Chambers in the City Hall, in said City, on May 29, 1973!
President Postier called the meeting to order at 7:30 o'clock P. M., the follow
members being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary,
Powers, Strain. Absent: None.
The call of the special meeting was read and President Postier ordered the same
placed on file, the said meeting having been called for the purpose of considering the
application for approval of a Planned Unit Development (Concept Statement) to be
located at the N. E. corner of 18th Avenue N. W. and 41st Street N. W. and any other
business the said Common Council may deem proper.
President Postier stated that hearings had been held and closed and the
Council was here:'for one thing and that was to vote "yes" or "no" on the concept
statement; he said this had started back in May, the Council voted on it on May 7th
and had a tie vote, a tabling action followed that and the Council had a meeting with
the Planning Commission to try to gain more information; with concensus of the entire
Council this special meeting was held instead of waiting for the full two weeks; so
the Council is here to vote "yes" or "no" on whether we wish to approve the Planned
Unit Development (Concept Statement) to be located at Northeast corner of 18th Avenue
N. W. and 41st Street Northwest: A motion was then made by Kamper, second by
Ludowese, that approval of the Planned Unit Development (Concept Statement) be denied;
upon roll call, Kamper, Ludowese and McNary voting "aye" and Larson, Powers, Strain
and Postier voting "nay", President Postier declared the motion lost. A motion was
then made by Powers, second by Strain, that the Planned Unit -Development (Concept
Statement) to be located at Northeast corner of 18th Avenue N.W. and 41st Street N.W.
be approved; Aldermen Larson, Powers, Strain and Powers voting "aye" and Aldermen
Kamper, Ludowese and McNary voting "nay", President Postier declared the motion
declared and the Planned Unit Development (Concept Statement) to be located at N. E.
corner of 18th Avenue and 41st St. N.W. approved.
President Postier stated there was one more item that should come before)
the Council and be clarified by the City Attorney and that was the change of the State
Law in regard to purchase of hard liquor by the people 18 years of age. Mayor Smekta
stated that on one of our TV stations we heard that Attorney General Spannus is going
to make a ruling on this tomorrow and he will say that the State Law has precedence.
Gerald Swanson, City Attorney, said he understand Spannus is considering an opinion
but if the Council wishes to change the implemenation in the City Ordinance it should
do so in case the Attorney General's opinion is to the effect that the local City
Ordinance can still apply. An Ordinance relating to the regulations governing the
sale and consumption of intoxicating liquor and non -intoxicating malt beverages;
amending Rochester Code of Ordinances, Sections 160.220; 160.230; 160.260 and 161.010
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536
Record of Official Proceedings of the-Comrnon Council
of the. City of Rochester, Minn., May 29, 1973
to read as follows, was given its first reading:
Section 1. Rochester Code of Ordinances, Sections 160.220, 160.230
and 160.260 are amended in part•by striking the number "21" in reference
to age contained therein and inserting in lieu thereof the number "18".
Section 2. Rochester Code of Ordinances, Section 161.010 is amended
in part by amending the definition of "minor" to read as follows:
"Minor. Any person under the age of 18 years."
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 motionwas then made
by Strain, second by Larson, that the said ordinance be adopted as read and all voting in
favor, President Postier declared the said ordinance duly passed and adopted.
Upon motion by McNary, second by Powers, and all voting in favor, the meeting
was adjourned.
City Clerk
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