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HomeMy WebLinkAbout06-18-1973Record of Official Proceedings of the Common Council 5' 9 of the City -of Rochester, Minn.,--- June 18, 1973 u, 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 a� June 18, 1973. i President Postier called the meeting to order at 7:30 o'clock P. M., the following members being present: President Postier, Aldermen Kampen. Larson, Ludowese, McNary, Powers, Strain. Absent: None. Upon motion byKamper, second by Larson, and'all voting in favor, the minutes off, the meetings of May 21st, 1973, June 4th, 1973 and June llth, 1973 were approved. V j Hearing on proposed intersection improvements at 7th Street and North Broadway �j (continued from June 4, 1973). Mr. Edward Klemm of 14 7th Street N. W., Mr. Kenneth j! I - • Keefe of 622 North Broadway, Mr. Harold Williams of 10 7th Street N. W., Miss Ethel Curry of 18 7th Street N. W., Mr. Chris Meyers of 715 North Broadway and Mr. Walter Bloom of 721 North Broadway were each heard opposing the said improvements. 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 McNary, to proceed with this project and adopt a resolution ordering the project to be made; all voted in favor.. Hearing to consider the alleged violation of Rochester Code of Ordinances, Section 161.200, on the premises known as Jim and Joe's Tavern. Mr. Greg Amundson, bartender at Jim and Joe's has pleaded guilty to a charge of selling "non -intoxicating malt liquor to minors on 4/23/73 and is awaiting sentencing on this -charge. Mr. Dennis Peterson, Attorney was present representing Jim & Joe's., There was no one else present wishing to be heard. President Postier declared the hearing officially closed. A motion was then made by Alderman McNary that the license be suspended for 60 days, his motion was lost for want of a second. A motion was then made by Powers, second by Kamper, that i the license be suspended for 20 days; all voted in favor, except Alderman Larson who "abstained". (The Public Safety Committee was to meet with the owner and their Attorney,; Mr. Peterson to try to solve some of the problems as to hours, operation, etc.) Hearing on concrete sidewalk on both sides of 8th Avenue S.E. from 16th-Street S. E. to 16� Street S. E. There was no one present wishing to be heard. President Postier declared the hearing officially closed. A motion was made by Strain, second by Kamper, to proceed with this project and adopt a resolution ordering the :improvement to be made and designating C. A. Armstrong, City Engineer as the engineer; all voted in favor. Upon motion by Powers, second by Larson, and all voting in favor, the following, appointments, by Mayor Smekta, to the Human Rights Commission were approved: Mr. , Benjamin Hippe of 1502 Damon Court was reappointed and his term to expire May 1, 1976; and Rev. Donald J. Lovas of 1315 Twelfth Avenue N. W. was appointed and his term*to expire May 1, 1976. Upon motion by Strain, second,by Powers; and all voting in favor, a resolution • ,;�J 550 Record of Official Proceedings of the Common Council of the. City. of Rochester, Minn., June 18, 1973 was adopted referring the improvement petition for concrete sidewalk on both sides of loth Avenue S. E. from 15th Street S. E. south through the dul-de-sac to the City Engineer and the Public Works Committee for determination of adequacy, feasibility report and recommendation. .A petition with 46 signatures requesting that sewer lines be run up to the property lines of the residents in DeWitt Addition at the time of the mainline installation. The contract for this sewer project does not require,these stubs. Extensions are normally stubbed into th`a boulevardd :.on new subdivisions, or on graded City streets, but this is not the usual case on streets that are not currently graded to City Specifications as in this case in DeWitt Addition the street has ditches instead of a boulevard. Mr; C. A. Armstrong spoke and stated that this project had been.referred to the HUD office and the plan was approved, and further stated that it is difficult to stub a sewer main extension into each individual house because no one can tell the exact location of the connection, therefore it is much wiser to wait and do: all the homes at one time. Mr. Armstrong stated that a private contractor could do this work, but that it was impossible to include it in the program at this time. Having no one else present that wished to be heard, the Council took no further action.. A Resolution authorizing the Mayor to execute a contract with the State of Minnesota Department of Manpower Services to operate a summer youth program in Rochester. The State Legislature recently passed a bill appropriating funds for a summer youth employment program throughout the State. The City has been appropriated $13,237.00, but the amount must be matched by 12'k% of local funds. It was also recommended that the City place several ofkhese youths to be hired under various departments. The City is required by October 1, 1973 to provide a written report to the.State describing the various jobs offered individuals employed under this agreement., -Upon motion by Strain and second by Kamper, and all present voting in favor the resolution was adopted. A second motion was ,made by Ludowese and second by Kamper to ,implement and co-ordinate this program within the City. All present voted in favor. A Resolution of approval of recommendations of the Operational and Function Committee for an order for advanced equipment for the Governmental Computer cooperative agreement with the County of Olmsted, City -of Rochester, Board of Education of Independent School District No. 535 and the City of Rochester Utility Board. This agreement covers the period July 1, 1972 through January 1, 1974. The first period of time from July 1, 1972 has been consumed in testing and de -bugging new systems. All four users have been involved and since that time have numerous new uses for updated equipment. A 370/115 IBM computer would facilitate growth in terms of volume, handling of rush jobs, future use of terminal devices, etc. Upon motion by Larson, second by Powers, and all voting in favor except Mrs. Kamper who abstained, the City Attorney was instructed to prepare a resolution indicating the Councils agreement for placing a tentative order for the advanced equipment and for the increased stipends required. 1 1 • 1 0 Record of Official Proceedings of theCommon Council of the City of Rochester, Minn., June 18, 1973 1551 C • 1 r� 1 Upon motion by Strain and second by Powers, and all voting in favor, the request for a parade permit for the Festival of the Geese to be held September 22, 1973 was approved. Upon motion by Larson, second by Kamper, and all voting,in favor, the following license applications were approved and the City Clerk was instructed to issue the said licenses: LeRoy J. Brown for Bonanza Sirloin Pit at 340 Highway 52.North and Broadway Restaurants for Mr. T's at 8th South Broadway were issued cigarette licenses. A motion was made by Strain, second by Powers, and passed unanimously that the semi-monthly bills, list attached, in the amount of $446,560.91 be approved. Recommendation of the Planning & Zoning Department that the application for approval of a Planned Unit Development (Preliminary Plan) on property located at the Northeast corner of 18th Avenue and 41st Street N.W. be denied. A motion.was made by Kamper, second by Ludowese and all voted in favor to accept the recommendation of the Planning Department and the application was denied. Recommendation of the Planning and Zoning Department that the application for approval of a Planned Unit Development (Concept Statement) at 7th Avenue Southeast and East Center Street be approved. Mr. -Powers stated that this looked a little heavy to him and Mrs. Kamper agreed stating that the density of the neighborhood should be given a close look. A motion to approve this concept statement was made by Ludowese, second by Powers and all voted in favor. Recommendation by the Personnel Department to amend the Personnel Policy regard- ing Pregnancy Leave of Absence, Section 11A. The amended section reads as follows: Pregnant employees may continue working prior to their delivery time to such a date as has been approved by a Medical Doctor. This approval can be requested by the employer at any time within two months before delivery is expected and must be furnished at the employee's expense. After delivery, the employee may resume work upon the written recommendation of her doctor. This also is to be provided at the employee's expense. A motion to approve the recommendation was made by Kamper.and second by McNary, with all voting ine"favor. Recommendation to approve the renewal of the 1974 State Highway Maintenance Agreement for the City to maintain certain portions of Trunk Highways in the City. The rate at which the State pays the City has been increased to $1500 per mile (from $1200). A motion was made by Strain, second by Kamper with all voting in favor to approve this agreement. Recommendation of a contract agreement.for Engineering Services(Pennington Business Park - 2nd Sub.) A motion was made by Kamper and second by Powers with all voting in favor to instruct the Mayor and City Clerk to execute an agreement with Yaggy Associates to prepare the plans, specifications and engineering inspection in conjunction with the,:'>sarvice road abutting,the above subdivision. 552 Record of Official Proceedings f h c gs o the Common Council of the City of Rochester, Minn., June 18, 1973 • Recommendation to advertise for bids for Extension of Sanitary Sewer Trunk Line west of Valleyhigh Drive N.W. between 15th Street and 19th Street N.W. Upon motion Iby Ludowese, second by Kamper, with all voting in favor, the'iresolution authorizing the advertisement was adopted. Recommendation in accordance with the TOPIC procedure, the intersection improvement at 3rd Ave. and 4th St.-S.E. would be'given tot -the low bidder - Doyle Conner Co. in the amount of $49,000.64 and Traffic Signals to H & H Electric Co. in the amount of $49,110.00. The resolution recommending the low bidders would be sent to the State of Minnesota for their acceptance. Upon motion by Powers-iisecond by Ludowese with all voting in favor, the resolution was adopted. Recommendation to award the contract for construction of 1st Ave. S.E. between 19th and 9'k St. S.E. to Littrup Nielson, Inc. Rochester, Minnesota, for the amount of 1$29,905.20. Upon motion by Strain, second by Kamper, with all voting in favor, the (resolution was adopted. Request for fireworks display permit for the Rochester Post Bulletin to conduct their annual 4th of July fireworks display. Upon motion by Kamper, second by Strain with all voting in favor to approve the permit. Resolution amending an earlier resolution which designated the Green Meadow JPUD as PUD R-6, by changing this to PUD B-6. Planned Unit Development District- Commercial. Upon motion by Strain, second by Kamper and all voting in favor, the resolutions:was adopted. An Ordinance rezoning certain property, creating a Planned Unit Development District known as PUD B-6 and amending Ordinance No. 1659, known as the Zoning Ordinance of the City::of Rochester, Minnesota was given its first reading. Upon motion by Powers, second by Larson, and upon roll call and all voting in favor, the Ordinance was given its second reading. A motion was made by Powers, second by Kamper that the said ordinance be adopted as read, and all voting in favor, President Postier declared the said Ordinance duly passed and adopted. An Ordinance annexing approximately 22.3 unplatted acres known as the Arends property located between U.S. 14 and the Chicago and N.W. Railroad and zoning this property las M-2 and FF was given its first reading. An Ordinance annexing approximately 19.63 unplatted acres known as the Reynold's Wholesale property, located west of U.S. 52 N. and North of 45th Street N.W. and zoning this property as B-3 was given its first reading. An Ordinance rezoning the J.W. Clemens property in the S'k SW'k Section 21 Township 107 North Range 14 West lying east of the Great Western tracks to M-2 was given its first reading. Upon motion by Strain, second by Kamper, and upon roll call and all voting in favor, this ordinance was given its second reading. A motion was made by Powers, second by Ludowese that the said ordinance be adopted as read and all voting in favor, i� • 1 1 �J 1 0 Record of Official Proceedings of the Common Council of the City of Rochester, Minn., June 18, 1973 553. 1 U 1 • O 1 President Postier declared the said ordinance duly passed and adopted. An Ordinance designating a portion of the recently annexed Radichel property as rural service district was given its first reading. An Ordinance increasing the land fill charges as recommended by the Council May 4, 1973. (Copy attached 1st reading). These increased rates are to go into effect July 1, 1973, however, the St. Paul Internal Revenue Service office has indicated -:�-.;the landfill charges must remain at the level they were June 1-8, 1973 during the 60 day freeze period announced by the President, was given its first reading. Tabled item- Application for approval of a Planned Unit Development (Preliminary Plan) to be known as Broadmoor Apartments Phase III located at 41st Street N.W. and West of 18th Ave. N.W. A motion was made by Powers, second by Strain with all voting in favor to take this item off the table. Alderman Larson stated he would like to see a density 10 to 1 instead of 16 to 1. A motion was made by Ludowese, second by Powers Ito approve the preliminary plan subject to a street on west side and dedication for st on east side subject to C.A. Armstrong's recommendation and correct the 8 items outlined in the Planning and Zoning's original report on this project. Aldermen Ludowese, Powers Strain and President Postier voted in favor, with Aldermen Kamper, McNary & Larson voting nay. Upon motion by McNary, second by Ludowese, and all 'Voting in favor, the meeting was adjourned. City Clerk INFORMATION 6-18-73 1. Minutes of Standing Cor!mittees 6-11-73 2. Claim for injury, Judith and James Wade, 2902 Rose Drive S.E. (referred to Attorney, Insurance, Traffic Engineer) 3. Claim for injury, Tom and Glenda Beagle of 1560 8k Ave. S.E. (referred to Attorney, Insurance, Park Department) 4. Claim for Injury, Frank Bernard of Rte # 2, Box 78 Stewartville, Minn. (referred to Attorney, Insurance, Auditorium) 5. Request to Purchase City Property, Rochester Sand & Gravel `(referred to City Administrator for review and recommendation) 6. An application has been received for a liquor license for the Rochester Lodge 2128, Loyal Order of Moose (referred to Committee of the Whole) 7. Referred to Planning & Zoning: a. application for a variance at 1117 north Broadway (Keylar, Inc., Warren Larson.) b. application for a variance for the subdivision regulAtions at Elton Hills East llth Subd. (Builders Land Co., Stanley Guth) c. petition for annexation of a .45 platted area in Rochester Township (Dale Arndt and Ted Swelland) 0