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HomeMy WebLinkAbout08-20-1973Record of Official Proceedings, of the' -Common' Council of the City of Rochester, Minn., August 20; 1973 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 August 20, 1973. President Pro-tem Robert Larson called the meeting to order at 7:30 P.M., the following members being present: President Pro-tem Larson, Aldermen Kamper,McNary, and Powers. Absent: Aldermen Ludowese, Strain and President Postier. Hearing on Petition to change the Zoning Districting on property located from 1710- 1822 North Broadway from the M-1 District to the B-3 District. This was tabled until the 4th of September, 1973 because of the notice in the official paper read that date. Hearing on Planning Commission initiated change of Zoning on part of Lots--15 and 16-- School Section 36, (Nietz Electric ) from the R-3 District to the B-3 District. This was tabled until the 4th day of September, 1973 because of the notice in the official paper read that date. Upon motion by Powers, second by McNary, and all present voting in favor, the following appointments by Mayor Smekta, to serve on the Rochester Library Board, were approved: 1. Mrs. E.D. Bayrd of 1116 Tenth St. S. W. term of office to expire July, 1976 2. Ralph L. Ellingwood, of 3928 Third St. N.W. term of,office to expire July, 1976 3. Thomas E. Wolf of 1711 Crest Lane, term of office to expire July, 1976 4. Mrs. Ferd R. Anderholm of 2321 Elton Hills Dr. term of office to expire July, 1976 Upon motion by McNary, second by Powers, and all present voting in favor, the following appointments by Mayor Smekta, to serve on the Rochester Building Code, Board of Appeals Ord. 1455 were approved: 1. Roger Toulouse of 126 26th St. N.W.term expires November, 1975. He replaces Kenneth Carlson. 2. Gordon 0. Gjelten of 913 40th St.N. W. term expires November, 1975. He replaces Kenneth Pieper. 3. Herschel Hoaglan of 619 8th Avenue S. W. term expires November, 1975. He replaces Richard Hanson. Request to transfer the On -Sale Liquor License for Broadway Restaurants Inc.known as Mr. T'S. Mr. Earl Brooks - Knights Operation,' Inc. - Knight Cap - was granted this liquor license on July 16, 1973 to April 1, 1974. He also applied for and received a dance license and a cigarette license at that time. Mr. Brooks withdrew his intentions to operate this business known as the Knight Cap located at 8 South Broadway and a request was received from Mr. Brooks to reissue this liquor license back to Broadway Restaurants, Inc. ( Mr. T'S ). Upon motion by Powers, second by McNary with all present voting in favor to return the license to Broadway Restaurants, Inc. ( Mr.T-'S) and -to -grant the refund of fees to Mr.Brooks for a dance license, cigarette license and a fire.permit. Request to reconsider Off -Sale Liquor License Application for an establishment located in the future Valhalla Village on Eltom-Hills Drive. A motion to reconsider the original motion to deny the license was made by Powers, second by Kamper with all present voting in favor. Upon motion by Powers, second by Kamper with all present voting in favor to table this until September 4, 1973 when the entire Council will be in attendance. Bids for the construction of a sanitary sewer collection system to serve the Municipal Airport were received from Littrup Nielson, Inc. - $46,521.00, Three -Way Construction Co., Inc. $63,173.10, Fraser Construction Co. $64,292.00, Floyd Larson Construction Co. - $61,048.25, The Engineer's estimatedt4cost was $71,000.00. Upon motion by Kamper, second by Powers, with all present voting in favor to award the bid to Littrup Nielson, Inc. of Rochester, Minnesota 1 • 1 • 1 r� U �I Record of Official Proceedings of the Common Council 579 of the City of Rochester, Minn., August 20, 1973 A prepared resolution awarding the contract and authorizing the Mayor and City Clerk to accept the state grant offer on this project. The state will pick up 2/3 the cost of the project, with the City paying the remaining 1/3 was adopted. Upon motion by Powers , second by McNary and all present voting in favor the. Committee of the Whole appointed the present members of the b Public Works Committee, Aldermen McNary, Ludowese, and Kamper to serve as the City Representatives on the Coordinating Committee for the Soil Con- servation Flood control project. The governing bodies involved are • City d';Rochester, Olmsted County and Dodge County. Recommendation of the City Administrator to accept the Federal Grant offer for Communications Equipment to be used in conjunction with the new radio tower and base station which is being presently installed in the new Police -Sheriff offices in the Olmsted County Courthouse. The total amount of the grant award is $77,813 of which $71,827 is federal funds and $5,986 is state funds. The local cash match requirement is $17,957 of which the City's shard is approximately $10,415. Upon motion by McNarr, second by Powers, with all present voting in favor, a motion adopting the prepared resolution accepting this offer was adopted. Request for a Dance Permit was received from the Police Benevolent Association to hold their annual Policeman's Ball at the Mayo Civic Auditorium held on September 28, 1973. Upon motion by Kamper, second by McNary, with -all present voting in.favor, the request was granted. Upon motion by Kamper,' second ly7Powers , with all present voting in favor, the list of applications for licenses for an on -sale non -intoxicating malt liquor license for Peter J. Canellos for the Silver Lake Park —Greek Festival to be held August 19, 1973 was approved. Upon motion by Kamper, second by Powers, with all present voting in. • favor, approval was given of the Olmsted County Solid Waste Ordinance # 2 for one solid waste collector for Sani-I-Trucking Company. The insurance policy is on file with the Olmsted County Health Department. A motion was made by Kamper, second by Powers with all present voting in favor to accept and file the Financial Report of the City of Rochester, Minnesota for the year ended December 31, 1972. This contains the certificate of tte audit firm of Smith, Larson and Co., it also constitutes a completion of the Council's order for a post audit of the City's financial affairs. Upon motion by Powers, second by Kamper with all present voting in favor authorizing the Common:_Council'tto.-:s,e-ll.-$1-150.,000.:00_ G:O. Bonds and $750,000.00 Revenue Bonds on September ll, 1973.- Gross Revenues of the entire Park System will be pledged as Security behind the revenue bonds. However, annual bonds and interest costs will be -roughly $80,000. ( depending on bids presented ) and the annual expected income from the recreational facility is $90,500. thus. IA F 80 Record of Official Proceedings of the", ommon Council of the City -of . Rochester, Minn., August 20, 1973 the pedging provides security so that the park revenues will go to pay operating cost as in the past. The Resolutions have been prepared by the Bonding Attorneys. Request from the Finance Department accepting the assignment of additional securities in the amount of $300,000.00 in collateral .in lieu of a depository bond from the First National Bank of Rochester, Minnesota. Upon motion by Powers, second by Kamper with all present voting in favor, the prepared resolution was adopted. A motion was made.by McNary, second by Powers with all present voting in favor that the semi-monthly bills, list attached, in the amount of $187,733.19 be approved. Recommentation of the Planning and Zoning Commission of the Application for Approval of a Planned Unit Development •( Preliminary Plan ) for the Methodist Hospital. Upon motion by Kamper, second by Powers with all present voting in favor, the Planned Unit Development was approved subject to the following conditions: 1. The boundary of the Plan should include all accessory uses such as parking with a more detailed plan of the parking lots. 2. The design of all signs existing or planned. •3. A landscaping plan. Recommendation of Application for Approval of a Planned Unit Development (Preliminary Plan) to be Known as Green Meadows, Park II. Upon motion by Powers, second by McNary, with all present voting in favor;; the application was approved subject to the following modifications: 1. An elevation view of the sign should be submitted with the final plan. 2. The developer should indicate where recreation vehicles will be permitted. 3. A plat will be required of this area. 4. Developer should make adequate provision for below ground storm shelter facilities.- , Recommendation for Petition to Annex Property located at -the N.E. Corner of 18th Avenue N. W. and 41st Street N. W. ( For•Candlewood P.U.D.). Upon motion by McNary, second by Powers, with McNary, Powers, and President Pro Tem Larson voting in favor, Alderman Kamper voting nay, the City'Attorney was instructed to prepare an,ordinance for subsequent adoption. Petition to vacate the East 141 Feet of Alley adjoining Lots 1,2,3, and 4 z:,(- M.A. Aries Subdivision lying between 6th Avenue S. E. and 7th Avenue S. E. Just South of East Center Street. Upon motion by McNary, second by Powers with all present voting in favor to instruct the City Attorney to prepare a resolution setting a date for public hearing and a resolution vacating the alley subject to the adequate provisions being made for the utility easements and turnaround. Recommendation by the Public Works Committee that the preparation and adoption' of the resolution declaring the costs to be assessed and ordering a hearing on the proposed assessments regarding Street Improvements'on 3rd Avenue S. E. from 12th Street to 16th Street S. E. be made. The total construction and expense of this project is $235,983.44. The total proposed to be'presently assessed is $102,119.32. The Water, Department share of 12" - 8" oversize pipe is $3,236.29. The balance in the amount of $130,627.83 is to be paid by State Aid and Federal Aid. Upon motion by Kam -per, second by Powers with all present voting in favor,•the resolution declaring costs to be assessed 1 • 1 1 • 1 n U Record of Official Proceedings of the Common Council 581 of the City of Rochester, Minn., August 20, 1973 1 • it • =and ordering the preparation of the assessment roll. and the prepared -resolution ordering a hearing on the proposed assessment, be adopted. Recommendation from the Public Works Department that parking be prohibited on both sides of the new section of 2nd Avenue N. E. between 2nd Street N. E. and 7th Street N. E. except in front of the Public Utilities Building. Upon motionvby Kamper, second by McNary with all present voting in favor, the prepared resolution establishing a No Parking Zone under Section B to read as follows was adopted. "Second Avenue Northeast on both sides of the street between Second Street and Seventh Street except on the west side of the street fm m Fourth Street to a point 400 feet more or less north of Fourth Street." Bids for Intersection Improvements at llth Avenue N. W. and 5th Street N. W. were received from Doyle Conner Company $75,801.53, Rochester Sand:and Gravel - $79,129.35, This was on State Project 159-113-02 (MSAS 113) M5071(001). and Bids were received from Nietz Electric Company $56,674.00 and H & H Electric $56,900.00 on State Project 159-113-05 (MSAS 113) M5071 (001). The contract under this project is awarded by the Minnesota State Highway Department upon recommendation of the lowest bidder by the Rochester Common Council. Upon motion by Kamper, second by Powers with all present voting in favor, the low bid of Doyle Conner Company - $75,801.53 and Nietz Electric Company in the amount of $56,674.00 be awarded the contract , also authorized the City Clerk to execute the Council's action. Recommendation from the City Engineer to Advertise for Bids for Improvements on 3rd Avenue N. W. from 14th Street N. W. to 600 feet South. Bidsare to be received at 11:00 A.M. on September 12, 1973. Upon motion by Powers, second by Kamper, with all present voting in favor, the prepared resolution :advertising for bids was adopted. Request from the Music Board to increase the present membership from (7) seven members to (11) eleven. The four additional members would be at -large members making one member from each ward and five at -large members. Upon motion by Kamper, second by McNary, with all present voting in favor, this request was granted. Resolution for acceptance of Public Utility Easement on Lands in Section 22, Township 107 Range 14 by George C.Henke and Esther C. Henke was presented to the Council. Upon advisement by the City Attorney, further investigation is being made. Resolution accepting the approval of Plans and Specifications for street paving. in 19 Norwest First Subdivision and Authorizing for the execution of a contract with Tonkawood Construction Company. Upon motion by Kamper, second by McNary, with all present voting in favor, the resolution was adopted. An, ordinance relating to the renewal of licenses and permits issued by the City 2- of Rochester; amending Rochester Code of Ordinances by adding a new Section 3.150 was given its second reading. Upon motion by Kimper,..second by.Powers and upon roll call vote and all voting in favor,.President Pro-tem Larson declared the said ordinance duly passed and adopted. An ordinance amending Ordinance No. 1466 entitled "An Ordinance establishing • within the City of Rochester an Urban Service District and a rural Service District as separate taxing districts.", was given its second reading. Upon motion by McNary, second I'A Record of Official Proceedings of the 'Common Council of the City of. Rochester, Minn., August 20, 1973 by Kamper that the said ordinance be adopted as read and all voting in favor, President Pro-tem Larson declared the said ordinance duly passed and adopted. An Ordinance rezoning certain property, creating a Planned Unit Development District known as PUD-R-7 and amending Ordinance No. 1659, known as the Zoning Ordinance of the City cURochester, Minnesota, was given its second reading. Upon motion by Kamper, second by McNary, that the said ordinance be adopted.as read and all voting in favor, President Pro-tem Larson declared the said ordinance adopted.. An Ordinance Amending Ordinance No. 1714 Relating to the Annexation to the City . of Rochester, Minnesota, of certain unplatted land in Sections 33 and 34 , Township 107 North, Range 14 West, Olmsted County, Minnesota, and establishing the Zoning • therefor, was given its first reading. Upon motion by'Powers, second by'll'Kkmper,with roll call,voting in favor, the rules were waived and the Ordinance was given its second reading. Upon Motion by Powers, second by McNary, and all present voting in favor,.th President Pro-tem Larson declared the said ordinance duly passed and adopted. Resolution of approval of the public street and utility easement granted by the Northwestern National Bank of Rochester to the City dated August 16, 1973, pertaining to a portion of the south 440.0 feet of the east: 99.0 feet of the west 891.0 of the northwest quarter of Section 27, Township 107, Range 14, is hereby adopted upon motion by McNary and second by Kamper, with all present voting in favor. An Ordinance Annexing to the City of Rochester Minnesota certain platted lands in the Golden Hill Addition ( Arndt- Swelland Property ) was given its first reading. A letter from the American Legion William T. McCoy Post 92 was presented to the Council asking permission to install a flag pole on their building which is. located at 17 North Broadway. This would project over public property and would like to put this flag up. The Planning and Zoning Department and the Building and Safety Department were consulted, and neither department had any objections. Upon motion by Kamper, second by Powers, with all present voting in favor, permission was granted. Upon motion by McNary, second by Powers, and all present voting in favor, the meeting was adjourned until 2:00 P.M. on September 4, 1973.. • City Clerk Information: 8-20-73 1. Minutes of the Standing Committees 8-13-73. 2. Letter from Charles Moertel re: extension of sanitary sewer.(referred to Roger Plumb _1, and Tom Moore for review and recommendation ). 3. Notice of Injury, Mrs. Louise Kochan, 3810 N 35th St.Phoenix, Az(ref to Attny & Ins.) 4. Copy of letter from PCA addressed to Leitzen Concrete Products, Inc. 5. The Public Service Commission has authorized Roch. Lines to raise its cash fares from $.25 to $.30. 6. Referred to Planning and Zoning: A. Petition to vacate an utility easement across Lots 12 and 13 in Northwood 3rd Addition (J.E. Maldanado) B. Petition to rezone property at 9th St. and 1st Ave. S. E. from B-3 to B-16 ( G. Chafoulias) C. Application for a variance at Rochester Electric Department site to build a. chain link fence. D. Application for a variance at 914 No. Broadway (Don Dickman and Lloyd Drahos)