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Record of Official Proceedings of the'Common Council
of the City of .Rochester, Minn., November 5, 1973
Minutes of a 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 November 5,
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. Absent: None.
Upon motion by%Powers, second by Kamper, and all voting in favor, the.minutes
of October 15-, 1973-meeting were approved with the following correction. Page 6 the
first paragraph should read Alderman Larson then moved to have the right-of-way prepared
to be placed on the official street map and was second by Powers and all present voting
in favor., with Aldermen Kamper, Ludowese and President Postier.voting nay., This is
now prepared to be placed on the official street map.
Upon motion by,Ludowese, second by Powers, and all -voting in favor, the
appointment by Alderman Ludowese of Mr. T. Emil Gauthier, of 1210 4th St. N.W.
to the CUE Comm ittee.representing..the 3rd-Ward was -.approved.. Upon. -motion by..Kamper,
second by..Ludowese., and all -voting in favor, the appointment.by Alderman.Larson of
Mrs. Evelyn.Johnson of 324 14th St. S. E. to the CUE Committee representing the
5th Ward was approved.
Recommendation by the Committee of the Whole to make certain amendments to the
Housing Code of the City of Rochester as follows:
1. The definition of a family is recommended to remain as it is presently
defined, which includes a group of not more than five unrelated persons.
2. The penalty fee is recommended to be $2.50 per day up to a maximum of
20 days. It had been previously -recommended that the penalty fee -be
$5.00 per day for a maximum of 20 days. However, the Committee feels
that the lower penalty would be a more reasonable penalty for those
people who will not intentionally violate the registration deadline.
A motion was made by Powers, second by Kamper, with all present voting in
favor, to instruct the City Attorney to prepare an ordinance making these amendments.
Request from the Utility Department that the City of Rochester enjoin in a
petition with the Kruse Co. to vacate that part of 6th Street N. E. and 1st Ave. N.E.
(formerly known as Crescent St.) which lies adjacent to the N.W. boundary of the power
plant, from the intersection of 6th St. and 1st Ave. N.E., north to 7th St. N.E.
legally described as follows:
That part of Sixth Street Northeast and Second Avenue Northeast
(formerly known as.Crescent Street) which lies between a line
which is a northerly extension of the west line of Block B, as
shown in the plat of Blocks.A.& B. in the City of Rochester
(Replat of Block 75, Original Plat and Block 30 Northern Add'n),
and a line which is an easterly extension of the north line of
Block 31, Northern Addition to Rochester, according to the plats
thereof and on file in the office of the Register of Deeds in and
for Olmsted County, Minnesota.
Upon motion by Ludowese, second by McNary, with all present voting in favor,
the resolution approving the Mayor and City Clerk to join in the pdJt ion to vacate a
tion of a street (Sixth Street Southeast), along with the Kruse Company was adopted.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5, 1973
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Request for an Auctioneer's License ( J. Skeen ) to conduct an auction at
the Kahler Hotel, November 16, 1973 from 6 P.M. to 10 P.M. Items to be sold were
submitted under seperate cover. Upon motion by Ludowese, second by Strain, with all
present voting in favor, the license was denied. Mr. James Cecil of Cecil's Jewlers
residing at 1208 7th Ave. N. W. wished to be heard and stated that "te..re.pre"sented'-a-'number
of people that have established businesses in Rochester and are opposed to people
coming in for a one or two day auction. Mr. Ludowese stated that this sinuld be sent
to the Committee of the Whole for study on a guide line for setting up auctions in the
future.
Request for a Dance Permit ( Trendsetters LTD) ( Nathaniel Calvert) to be held
November 3, 1973 in North Hall of the Mayo Civic Auditorium. This has been investigated
by the Police -Department and nothing'adverse was reported. Upon motion by Strain , second
by Kamper, wiihl_alllpkesent;voting in favor, the dance license was approved.
Request to moves, house by Minnesota'Properties ( Weis Brothers ) from 29. 7th
St. N.E. to a vacant lot at 809 9th Avenue S. E. Lysne Construction will handle the
moving. Upon motion by Ludowese , second by Powers, with all present voting in favor,
Permission was granted.
Upon motion by Powers, second by Strain, and all voting in favor, the
following license applications were approved and the City Clerk instructed to issue the
licenses: Application for License to sell Cigarettes from'Lehman's American at 1902
2nd St. S. W. ( Jean Meier ); Northgate Cafe at 1128 7th St. N. W. ( Caxl Watson );
Wood Box Bar at 322 South Broadway ( Don Rockvam ).
Bids for furnishing the season's supply of rock salt for the Street and Alley
Department were received from Diamond Crystal Salt Co - $12.29 per ton -Salt delivered'by
dump - no conveyor $11.29 per ton and $8.85 picked up at stock pile (Winona) ; Cargill,
Inc. $11.80 per ton; International Sa1t'Co. $12.45 - picked up at stock pile (Winona)
$9.10 and Domtar Chemicals, Inc. $11.80. A motion was made by Powers , second by McNary
and all voting in favor, to award the bid of $11.80 per ton delivered by truck with
conveyor to Cargill, a Minneapolis based firm, which has supplied us with salt for the
past two years.
Request from the Finance Department accepting assignment of additional securities
in the net amount of $200,000.00 in collateral) in lieu'of a depository bond from the
Northwestern National Bank of Rochester, Minnesota . Upon motion byrKamper, second by
Larson, with all in favor voting "aye" the prepared resolution assigning these securities
was approved.
Recommendation from the Committee of the whole to add amendments to the 1970 '
.Edition of the Fire Prevention Code as recommended by the American Insurance Associates.
This is subject to the following:
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.Record of Official Proceedings of the Common Council
of the City of _Rochester, Minn., Nov: 5, 1973
EXPLANATION OF CHANGES IN ORDINANCE ADOPTING 1970 AMERICAN INSURANCE ASSOCIATION
FIRE PREVENTION CODE
Section 110.010 - This refers to the 1965 edition d the American Insurance Association
Fire Prevention Code. Change date to 1970. Delete the 1966 revision as that
revision is incorporated•in the 1970 code.
Section 110.020 - Retain as it is. Defines the limits in which storage of explosives
and blasting agents are permitted.
Section 110.030 - Retain. This limits the storage of flammable liquids (gasoline, etc.)
in the M-2 District as defined by Zoning Ordinance 558. It also limits new
bulk plants in the,area zoned M-2. Change 16.51 to 16.61.
Section 110.040 - Retain. Limits the location of bulk storage of liquified petroleum
to the M-2 zone.
**NOTE -- When adopting the ordinance, it is required to define the limits, as to
location, on the above named subjects.
110.050 (1) - Delete. Refers to the burning of discarded automobiles. It is taken
care of by the P.C.A.
110.050 (2) - Retain as written. Ours requires a less hazardous cleaning fluid than
is permitted in the 1970 Code.
110.050 (3) - Delete. By deleting, we have better control with respect to fiteworks.
110.050 '.(4) - Delete. Merely refers to the date when existing. structures would be
required to have their basements sprinkled.
110.050 (5) - (6) - Delete. It effectively removes many.of the restrictions on the
storage of underground tanks.
110.050 (7) - Delete. Requires LPG tank vehicles to be reduced to zero pounds pressure
before being admitted to a commercial garage. The last two revisions of the
Code make no mention of this requirement.
110.050 (8) - Delete. Refers to the flash point of insecticidal fogging liquid.
110.050 (9) Delete entire section and adopt as outlined in the 1970 Code. This refers
to the conditions under which bonfiresand outdoor rubbish fires are permitted.
(P.C.A. at the County Health Department is more responsible for this now than
we are),
111. BUREAU OF FIRE PREVENTION
112010- Delete. By deleting, it permits filling of gasoline tank from a tank wagon.
Adopt all the rest of Chapters 111, 112, and 113. '
NEW FIRE DEPARTMENT PROPOSALS IN'THE FIRE PREVENTION - CODE.
14.4 (F) - (M) is the present sprinkler code that we have had in force for the last five
years. Copy is on separate'sheet.
14.6 - Requirements for Automatic Extinguishing Systems
14.6(A)-in all Group A through H Occupancies, as defined by the Building Code, except
apartment houses, single and double family occupancies, the duct.systems over
cooking facilities shall be required to have automatic extinguishing systems.
This requirement is for new and existing buildings..
14.7 (a)- Fire Alarm Requirements. All apartment houses and hotels, three or more
stories high and containing more than 15 units; must have an approved fire
alarm system. This applies to new and existing buildings; however, in existing
buildings that have the hallways, unenclosed stairways, and storage areas
sprinkled,Fmay be exempted from this provision.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5, 1973
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Request from the Police Department for a leave of absence for Kathleen Mitchell
for 60 days commencing October 16, 1973. This is due to illness. Upon motion
by Powers, second by Larson, with all voting in favor., the - resolutton granting
this leave of absence was approved.
Recommendation by the Personnel Department to sign the labor agreement with
the Police BenevolentAssociation, and the agreement with the International
Association of Fire Fighters, Local 520, upon motion by Kamper, second by Strain,
with all voting in favor, the resolution with the Police Benevolent stating the
Police as follows:
1974
I. Salary - 67. increase
2. Hospitalization - City to pay
907. of dependent premium
3. Revised vacation schedule
4. Shift differential of 61; and 9e,%
5. $30.00/month extra for motorcycle
patrolman
and
1975
1. Salary - 5% + COL factor
2. Shift differential of•9C and 12
The resolution with the
International Association of Fire Fighters Local 520 as follows:
1974
1. Salary - 67. increase
2. HLosoltalization - City to pay 907.
of Dependent Premium
3. Revised vacation schedule
4. Elimination of workback
was adopted.
1975
1. Salary - 5% + COL factor
Recommendation from -the Planning Department to accept an offer from Rochester
Township to give to the'City of Rochester Lot 44A , North Sunny Slopes and to Annex
this lot to the City. Upon motion by McNary, second by -Larson with all voting in
favor, to instruct the City Attorney to prepare a resolution accepting the dedication
of this property for park purposes.
Recommendation for application for approval of a Planned Unit Development
(Concept Statement) to be known as Motel 6 . Alderman Larson noted that parking
for the restaurant facility in conjunction with office space does not seem advisable,
and 22nd St. N. W. and the vacating of that for construction of this. He don't
think it would be advisable for the City to constuct another street and bring
another street on the frontage road. He'stated that we would be better off
abandoning 22nd St. N. W. and have the enbire access tD PUD off the frontage road.
Upon motion by Ludowese, second by Kamper with all voting in favor, the concept
statement was approved noting that comments by Larson before the next Council action.
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Record of Official Proceedings of the-- Corrimoni:Council
of the City.. of `Rochester, Minn., November 5, -1973'
Recommendation from the Public Works Department that the Council initiate a
Local Improvement project without petition of.the property owners for Sanitary Sewer and
Watermain Extensions to Rochester Villas Subdivision. 'The estimated costs are -
Watermain $7,962.00 and Sanitary Sewer $26,373.00.. Upon motion by Strain, second '
by Powers with all toting in favor, the resolution ordering the feasibility report
and the resolution accepting the report and ordering.a hearing to.be held on December
12, 1973 was adopted.
Recommendation that parking be removed on the east side of 14th Ave. S. W.•from
9th Street to the Frontage Road. A motion was made by Larson, second by Strain to
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instruct the City Attorney to prepare a resolution amending Subsection (207) 14th
Avenue S. W. on the east side of the street from Second Street to the T.H. 14-52 East
Frontage Road. Alderman Strain w.ithdk.ew:-his second, and Alderman Larson withdrew the
motion. A motion was made by McNary, second by Kamper to table this item until the
Traffic Engineer has the opportunity to inform the residents that the parking may be
removed. All present voting in favor.
Recommendation from the Public Works Department to preparation of the costs
to be assessed and order a hearing on the proposed assessment on Street Improvements
on 3rd Avenue S. E. from 16th Street Souteast to T.H. 63 South. Project 6303-2-72
(J 8402). The total construction and expense of the current project and the previous
deferred assessments is $464,510.77, The total to be presently assessed is $160,612.24,
and the balance in the amount of $303,898.53 is to be paid by State Aid Funds and City
Funds. Upon motion by Kamper, second by Powers with all present voting in favor, the
resolution declaring the cost to be assessed and the resolution ordering a hearing for
December 12, 1973 on the proposed assessments were.approved.
Recommnendation from the PUblic Works Department on the Assessments on 16th
Street S. E. between 3rd Avenue S. E. and T.H. # 63 for Project 6216-2-71.J 8371 on
Street Improvements on 16th Street.S. E. From Third Avenue S. E. to T.H. 63. The total
construction and expense of the.current project is $212,980:72. The -total -to be
presently -assessed is $52,705.94 and the total to be paid by City Funds.is $23,489.55. _
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The balance in the amount of $136,785.23 is to be paid by State Aid Funds S.A.P. 59-123-01.
Upon motion by Larson, second by Powers, with all present voting in favor, the resolution
declaring costs to be assessed and the resolution ordering a hearing for December 12, 1973
was adopted.
Recommendation from the Public Works Department on Assessments on Project 6705-
4-69 Part II (J8259)- "Part II of Street Grading and Surfacing , Sanitary Sewer, Storm
Sewer, Watermain, and Service connections in 19th Street N. W. and Block 4, Valhalla
Fourth Subdivision." The total project cost is $112,044.38;(this includes deferred costs
in the amount of $5,294.14 for previous construction Sanitary. Sewer and Storm Sewer.)
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Record of Official Proceedings of the .Common Council
of the City of Rochester, Minn., November 5, 1973
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The total project cost is $103,090.68 by direct assessment and an additional $3,412.15
by direct billing ( this direct billing is covered in an agreement under Project 4632-3-
69 Indian Heights 3rd Subd. ( J8262). The City share of this project is $5,541.55
Upon motion by Larson, second by Strain, with all present voting in favor the resolution
declaring the costs to be assessed and ordering preparation of the assessment roll and
the resolution :order ng_ a. hear ng; .for.7.December 12,4_ 1.973�ron Lt]ia prop- s-edL Erna ma��
asrsessmente c; L ` o-:`-
Recommendation by the Public Works Department J# 4877 SAP 59-109-02 T5201 (005)
on the Utility Agreement on 2nd Avenue N.E. Street Improvement between the City of
Rochester and the Public Utility Board covering the replacement of the Utility Departments
cooling water ducts and that they had to be replaced where they crossed Second Avenue
N.E. Upon motion by Larson, second by Kamper, with all in favor voting "aye", the
resolution authorizing the signing of this agreement was -approved.
Request from Lysne construction company of Blooming Eairie, Minn. to move a
house from 1619 East Center Street (State Hospital) out d the City Limits -over the
following route: South to 4th Street S. E., West to 3rd Avenue S. E., South to
16th Street S. E., West to Bamber•Valley Road -out of the City. The home is owned by
Ron Maas. Upon motion by Kamper, second by McNary, with all present voting in favor,
Alderman Larson voting "nay", the permission to move this house was granted.
Wishing to be heard was Mr. Jim Ayers in regard to the recent break of the
Sewer main running underneath Cascade Creek in N.W. Rochester. He stated that he was
puzzled by the lack of attention given on Cascade Creek and why human and industrial
waste was allowed to,flow freely for up to five weeks from the broken sewer line.
He stated that it was up to the elected officials to determine who was at fault to
continue to let this unchecked for five weeks. The Pollution Control Agency has forced
smaller communities, farmers , and the City of Rochester to stipulate a prasram s•
that this situation couldn't happen. ,-A- motion was made by-Ludowese,`second'by Kampen `to
initiate: ' an investigation, by. the--City-Administrator,- and- the Cit- Attorney _as=to the
origin of -the problem and -return information,back,to the_Council_withiri30 days.All vot
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Request for a Dance Permit (King's Palace) Mr. Robert Leiting Owner , located
at 2 South Broddway, Rochester, Minnesota. A -motion to deny this permit was made by
Strain, second by Larson, with all iti favor voting "aye" the the permit was denied.
Resolution on a hearing on'vacation of Part of 6th Street N. E. and First
Avenue N. E. North to Seventh Street N. E. ( Formerly known as Crescent Street)set
for January 7, 1974 at 7:30 P.M. in the Council Chambers at City Hall. Upon motion
by Larson, second by Powers, with all present voting in favor, the resolution was
adopted.
Resolution on approval of Plans and Specifications for Watermain Extension in
Green Meadows Third Subdivision and a Contract between the City of Rochester and George
A. Baihly and Marion K. Baihly and LAD Corporation. Upon motion by Kamper, second by
Strain, the resolution was adopted.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5, 1973
Resolution on approval of Contract between the City of Rochester and Silver
Acres, Inc. for construction contract in Silver Acres Entitled "Watermain Extension in
19th Avenue N. W. and in Lot 2 of Resubdivision No. 2-of West Part Block 1, Silver
Acres Subdivision. Upon motion by Strain, second by Ludowese, with all present voting
in favor, the resolution was adopted.
Resolution and Order for Armilda Rudlong, A/K/A Mrs. A.H. Rudlong, to Raze
or remove or correct the Hazardous building owned by her at 414 South Broadway.in the
City of Rochester, and provide for Summary enforcement if not complied with. Upon
motion by Ludowese, second by Strain, with all present voting in favor, the resolution
was adopted.
Resolution on vacation of Part of 16k Street N. W. and the Cul De Sac in Rubow's
Sunrise Addition to the City of Rochester. Upon motion by Larson, second by Ludowese,
lwith all present voting in favor, the resolution was adopted.
Resolution on the vacation of East-West Public Alley in Minnie A. Aries
Subd. of Lot No. 8 of State Subdivision of School Section No. 36, Town 107 North,
Range 14 West ( The East 141.0 Feet) Upon motion by Powers, second by Ludowese, with
all present voting in favor, the resolution was adopted.
Resolution on an:.Agreement between the City of Rochester, County of Olmsted,
Apache Realty Fund for the Relocation of 16th Street S. W. Upon motion by Kamper, second -,--
by Ludowese, with all present voting in favor, the resolution to proceed with the vacat-
ion was approved.
Mr. Robert Leiting, owner of King's Palace Amusement Center at 2 South Broadway
was present at this time and wished to be heard. He stated that he did not know his
permit to hold a dance had been denied earlier.He stated that this is a place where
kidiscan come to and dance and have soft drinks. The kids are talked to, and in many
cases can't afford to go any other place. He stated that there will always be kids
around who will cause some trouble, but that they have tried to stop it, and asked
that the -Council reconsider its order to deny the permit. Mr.•Leiting stated that he
would hire a policeman at the door and have other supervisors as are needed in other
areas of the building. Alderman Strain and Kamper would like to go to the building
before a motion would be made to reconsider.
President-Postier then adjourned the meeting until 7:30 P.M.
President Postier called the meeting to order again at 7:30 P.M., the following
Imembers being present: President Postier, Aldermen Kamper, Larson, Ludowese, McNary,
JPowers, and Strain. Absent: None.
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Record of Official Proceedings of the Common ,-Council
of the City of Rochester, Minn., November 5, 1973
633
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Hearing on Proposed Assessments in Improvements in 41st St. N. W. from 18th
Avenue N. W. to T.H. 52 Frontage Road. ~Current special assessments $148,983.54 and
the City's share of street construction is $22,892.33 and the Water Department's
cost is $8,730.02. Wishing to be heard was Mr. Mike Goodman representing the
Pax Christie Church and stated he objects to the assessments on that property
on the NW corner of 41st Avenue N. W. He doesn't think the assessments are of benefit
to the property and that'property has limitations on the use of the improvements -the
sewer is restricted. The Broadmoor Apartments are on theT,:South and the Silver Acres
complex is on the -SE -and stated that if they used the sewer to the full extent, they
would not be able to use the sewer on part of the property that belongs to the Church.
but the land of the church is lower than the sewer, therefore, the gravitational
pull would effect the use of the sewer in this area. 'Also wishing to be heard was
Mr. Dave Pennington, and stated that they own three pieces of property that are
assessed- two of these pieces belong to Broadmoor and he has one piece that has 468
feet.For a portion of surfacing and grading ,'125.130 feet is not complete the water
line is O.Kt., but Mr. Pennington objects to the grading and surfacing which is not
complete. Mr. Armstrong, City Engineer stated that the grading and surfacing was
assessed in full, and that this would be completed in the near future. Mr. Pennington
stated he -would appreciate a letter stating that this -would be assessed, but would be
finished at a later- date... --Mr. Armstrong..stated..he.-would-.get..Mr...Pennington.: such.. a lett-
er. -Having no-one'eise,'wi"shing_.to--be-heard,..President Postier declared the hearing
officially closed. Upon motion by Strain; second by Powers, with all present voting
in favor, to procedd with the...assessments.and provide..Mr...Pennington..the assurance
that the assessments -on the street -.are paid for through',-, the assessments.
Hearing on the Proposed Assessments on Sanitary Sewer and Watermain Improvements
in Allendale Subd. ( Part I). This is on Project 6502-70 Part I (J8261) Part I
Allendale improvements , Sanitary Sewer and Watermain on 27th Stref-N.W. from 18th
Avenue N. W. to East Frontage Road TH # 52 fronting Lots 13-14-15 and 17, Allendale
Subd. The total cost of this project is $60,723.82 of which $40,278.96 currently
assessed and $16,138.62 is to be deferred to undeveloped, tracts within the City limits
and $4,306.24 to be paid by the City as their share of the project. Wishing to be
heard was Mr. Dana Eisenman of 2626 Highway 52 North who owns Lot 14. He states he
has no objections to the assessments on the frontage, but the mains on the side -
East: -West is what he is objecting to. The City purchased this land to run sewer and
watermain through, and now that it is complete, he is assessed the full frontage and
the side. He stated that if the assessments was divided on all the 11 lots, or
deferred until the lots it was put in to serve are developed, then the assessments
would not be so bad. Mr. Eisenman could develop three lots on this amount of land.
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5, 1973
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At present there is no program for a street to go through. Mr. Eisenman could plat
this land out, and thus divide the assessment into each plat. Having no one else
present that wished to be heard, President Postier declared the hearing officially
closed. Upon motion by Powers, second by Ludowese, with all present voting in favor,
the hearing was tabled until January 7, 1974 to give Mr. Eisenman time to plat out
his land, and Mr. Archie Armstrong, City Engineer to notify all the residents in
that area what was being done so thatthey might do the same.
Hearing on the Planning Commission Initiated Amendment to the City's Comprehensive
Plan on Property located at East Center Street and 2nd Avenue N. E. to the railroad
tracks from low density residential to high density residential. Wishing to be heard
was Mr. Howard Naves of 104 2nd Avenue N. E. and wanted to know what is to be done
with the area if this is done. Mr. Naves was interested in putting up some apartments,
and President Postier stated that with this change, it would be what Mr. Naves
wanted. Having no one else present that wished to be heard, President Postier
declared the hearing officially closed. Upon motion by Larson, second by Strain,
with all present voting in favor, the City Attorney was instructed to pxepar-e a
resolution for adoption.
Recommendation from the Public Works Traffic Dept. to Schedule a Public Hearing
on North -South One -Way streets. Wishing to be heard was Mr. Richard Dison, who
operates a business on 214 North Broadway and stated that he took a survey on one-
way street plan by polling the businesses on Broadway and on 1st Avenue to the west.
This included approximately 125 businesses. Out of these, 95 were not in favor of
the one-way street plan and 15 were in favor of it. They feel that their economic
future is at stake and they want their streets to stay the same. He sees no reason
that the City Council should schedule a hearing on the one ways, the people involved
don't want this. President Postier stated that he went around to 500 people
and got opinions of them on the one-way streets and they were opposed. They be-
lieved that the million dollars plus is an extravagant expenditure. Having no
one else that wished to be heard, a motion was made by Ludowese to drop the one-
way program. This died for lack of a second. Alderman Strain stated that the traffic
problem was to be considered. The future traffic would have to be considered. We have
had professional people direct us to this plan, therefore Alderman Strain made a motion
to have a hearing on the North -South One -Way Street set for December 13, 1973.
This was second by Larson with all present voting in favor, with Alderman Ludowese
and President Postier voting "nay.", the hearing was scheduled for December 13, 1973.
A motion was made by Strain, second by McNary, and all voting in favor., the
semi-monthly bills, list attached in the amount of $591,892.78 be approved.
Request to Reconsider On=:Sale Liquor License Denial of an on -sale liquor license
for the Ground Round restaurant at Crossroads Howard Johnson. Mr. Milton Rosenblad,.
Attorney for the Ground Round restaurant represented the businessmen at Crossroads
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Shopping Center and stated that they were unanimously in favor of the Ground Round
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Record of Official Proceedings of the Common Council 635.1
of the City of Rochester, Minn., November 5, 1973
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establishing a business, this would be a totally new face for the Crossroads Center,
This`�16tter-was -signed by_Roberta Skow. President of -the Merchants of Crossroads
Center. Mr. Rosenblad also stated that the'City2,vould still have one liquor license
left:. -=Alderman -Ludswese _scat .that since the last Council meeting, he hadsa chance
to eat at a Ground Round restaurant, and stated he enjoyed it very much. He believed
Rochester should have this type of a restaurant, -and on that basis; made a motion to
reconsider the issuing of a liquor license. This died for a lack of a second, and the
denial of the liquor license was still in effect from the October 15, 1973 Council
meeting.
Request from Alderman Darrell Strain to appoint Mrs. Miriam Eagen to the
CUE Committee. Upon motion by Strain, second by Larson, with all present voting in
favor, the appointment was granted.
Request for a Dance Permit ( King's Palace)..Mr...Robert Leiting owner...A
motion was made by Kamper, second by Powers to veconsIider this, and all voted in
favor. A motion was made by Kamper to grant a dance permit for November 9, 1973
and have strict law enforcement and policeman at the door and other supervision.
This was second by Strain, with all voting in favor.
Tabled Item of the Planning Department on a Decision of the Zoning Board of
Appeals to Permit the Construction of a new building to be located at 533 North
Broadway that will be situated in the area reserved for a future street by official
street map No. 3. Upon motion by Strain to take this off the table was second by
Kamper, with all present voting in favor. A motion was then made by Larson, second
by'Strain to table this until December 17, 1973. All present voting in favor.
A motion was made by Larson to have a hearing establishing 6th Street S.E.
on the official Street Map and hold a hearing on November 19, 1973. This was second
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by Strain with all present voting in favor, Alderman Ludowese, and President Postier
voting nay.
Resolution on -approval of Plans and Specifications prepared by C.A. Armstrong
entitled "Construction -of Sanitary Sewer in Vacated Street -Abutting the West Boundary
of Lots 2,3,4,5 and in -Lots 6 and 12 all in Block 3, Golden Hill Addition", and
a contract between the City and Property Development and Research Company. Upon
motion by Larson , second by Powers, with all present voting in favor, the resolution
was adopted.
Resolution on approval of Public Utility Resolution passed on October 23, 1973
for a contract with Pfeifer and Schultz, Engineers, for Engineering Services for a-
base Load Electric Generating Plant. Upon motion by Larson, second by Powers, with all
present voting in favor, the resolution was adopted.
An Ordinance regulating the business of trimming, caring and maintaining trees
on public property and right-of,=way; providing for the issuance of Licenses; imposing -
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Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5, 1973 •
penalties for vidations thereof; amending Rochester Code of Ordinances by adding sections
190.010, 190.020, 190.030 and 190.040, was given its second reading. A motion was made by
Ludowese, second by Strain 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 relating to the Rochester Music Board; amending Rochester Code of
Ordinances, Section 29.010 - Composition. There shall be arpermanent music board of 11
members, one from each ward and five from the city at large: A motion was made by-Kamper,
second by Strain that the said ordinance be adopted as read and all voting in favor,
President Pos€ier declared the said ordinance duly passed and adopted.
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An Ordinance amending Ordinance No. 1466, as amended, entitled an Ordinance
establishing within the City of Rochester an Urban Service District and a rural service
district as separate taxing Districts. ( Pennington Property ) was given its second reading.
A motion was made by Strain, 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 .
An Ordinance Annexing tothe City of Rochester, Minnesota, certain unplatted land
not exceeding 200 acres in area situated in Section 15, Township 107 North, Range 14
West, Olmsted County, Minnesota Pennington Property. The quantity of.unplatted land
itrluded in said pdition is approximately 2.48 acres. aras.gi@en_,.its•.second reading. a
motion was made by Powers, 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.
An Ordinance Annexing to the City of Rochester, Minnesota certain platted land
in Toogood Subdivision, Rochester Township, Olmsted County, Minnesota(Juhl Property) was
given its second reading. A motion was made by Strain, 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 relating to the Housing Code of the City of Rochester;__the_.registration
of dwellings and fees therefor; regulating the condition of dwellings; imposing penalties
for violations;.amending Rochester Code or Ordinances, Sections 42.030, 42.040, 42.070, 42.110,
42.120, 43.110, 43.120, 44.010, 44.020, 44.030,-44.060, 44.140, 44.260, 44.290, 45.020,
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45.030, 45.040, 49.010, 49.020, 49.040, 49.060,.49.070, 49.080, 49.090, 49.110, 49.120, and
49.130, and Adding a new Section 44.290; Repealing Rochester Code of Ordinances, Chapter 46.
was given its first reading.
I Request that the Common Council authorize an increase in the refuse collection
rates from $2.80 per month to $3.50 per month. Appearing on behalf of the refuse haulers
was Mr. Milton Schumann of the accounting firm of yaeger, Schumannaand Company , and stated
that costs are based on past history, fuel costs are rising and -that it is not economcally
feasible for them to(perate under the present rates.- The refuse haulers have -submitted mon-
thly operating reports to the public accounting firm of Yaeger,.Schumann and Company and
Mr. Schumann has submitted what he considers a representative monthly report of expenses
for residential pick-up.
Record of Official Proceedings of the Common Council
of the City of Rochester, Minn., November 5. 1973
�637
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The State Legislature passed a law, effective Marbh 1,1974 placing a 15 cents per cubic
yard levy on all refuse deposited in the landfill. This levy would add an additional
7k cents per residence per month to the refuse haulers costs. It is suggested that any
rate increase granted at the present time include an automatic increase toccover this
levy, if and when the levy is effective. Mr. Harold Watson of 1537 5th Avenue N. E.
was present and represented the refuse haulers and stated that a once a week pick up
would be recommended unless they get a substantial rate increase. He stated the rise
in fuel and the general increase of cost created the need for this request. He also
stated that only a minority of residents require twice -a -week collections as evidenced by
a study that showed the second pickup contained less than half the refuse of the first.
Public Works Director, Roger Plumb submitted a written statement to the Council and
stated that the haulers could continue twice -weekly collection at a monthly rate of
$3.90, but the refuse haulers stated that within six weeks they would be operating at
a loss at that rate. The rate they requested was $4.25. Dr. William Sheehan, Chairman
of the solid waste subcommittee of the Olmsted County Environmental Quality Committee
presented objections of his group to the rate increase and the service reduction. He
stated that the numerous trucks in the same area at the same time was a waste of time
and money, and that bugs and worms would be likely to become a hazard in the summer
with once -a -week pickup. Alderman Ludowese made a motion to set the rate at $4.00
a month for a twice -a -week pick-up, but this died for a lack of a second. Mayor Alex
Smekta stated that the once -a -week collection is going to draw opposition from the Olmsted
County Board of Health which fears health hazards from odors and flies.
A motion was then made by Kamper, second by Larson for a once a week pick-up at a monthly
charge of $3.25 and that the residents be allowed three cans or bags and that any
customer that needed a twice -a -week pick-up be given that right at $4.25 per month.
At this point Alderman Ludowese stated that the City was takingaa giant step backward
while Alderman Strain stated that the idea appeared reasonable and that this should be
given a try at least during the winter-amonths, he stated if it looks bad for the summer
months we could change it. All present voted in favor, Aldermen Ludowese, and McNary
voting "nay".
Having no further business, upon motion by Powers, second by Strain, the
meeting was adjourned until November 19, 1973 at 7:30 P.M.
Information - November 5, 1973.
1. Minutes of the Standing Committee - October 29, 1973.
2. Letter from L.D. Downing re: purchase of Rocabco, Inc. by B & F Distributing, Inc.
( Referred to the City Attorney)
3. Notice of Claim for Injury - Mr. and Mrs. Gerald Schandorff, 4461 Walnut Street S.E.
(referred to the Attorney, Insurance, Police)
4. Notice of Claim for Damages - John Nickerson, Marshalltown, Iowa. ( referred to the
attorney, Insurance, Utility Dept.)
5. Notice of Claim for Damages - Richard Paddock and Janice Carlson ( referred to the
attorney, Insurance and Traffic Engineer)
6. Letter from PCs to Libby's
7. Referred to Planning and Zoning Commission:
a. Pctttion to vacate the public utility easement in the east 1/2 of vacated
3rd Ave. S. W. ( Ramada Inn, Property Research and Development)
636
Record of Official Proceedings of tli6� Common Council
of the City of Rochester, Minn., November 5, 1973 •
b. Petition to rezone property at 1040 - 4th Street S. E. from M-lFF to B-3FF
(Neco, Inc., D. Redelings and-Leo,Herrick)
c. Petition to annex Lot, Toogood's Subdivision'( W.W. Schulz)
d. Application for a variance at 1116 N.-Broadway ( Phil Hannock)
e. Final Plat of Roberts and Whipple Add.
f. Preliminary Plat. of Cascade Industrial. Park Add.
City Clerk
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